MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, MARCH 27, 1995 AT 7:00 P.M.

Mayor Broun called the meeting to order at 7:00 p.m. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Lee Pavão, Barbara Powell, Jim Protzman, and Rosemary Waldorf. Council Member Pat Evans was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Transportation Director Bob Godding, Public Works Director Bruce Heflin, Transportation Planner David Bonk, Parks and Recreation Director Mike Loveman, Development Coordinator Jennie Bob Culpepper and Town Attorney Ralph Karpinos.

There were no ceremonies.

Item 2 Triangle Transit Authority Status Report

Sandy Ogburn, President of the Triangle Transit Authority (TTA) Board of Directors introduced the Authority's General Manager Jim

Ritchey.

Mr. Jim Ritchey, General Manager of TTA, stated that the Triangle Fixed Guideway Study was a three-year study of the region's future transit options. He said Town staff had helped a great deal in preparing the report before the Council this evening.

Mr. Ritchey said the report analyzed a number of different transit-related options for the next thirty years. Noting that a projected population increase of 76% was expected in the Triangle by the year 2020, Mr. Ritchey said it was very important to make preparations for future mass transit needs. He also stated that the TTA proposed the use of a system of regional transit plans to mitigate increasing traffic congestion due to growth in the Triangle. Mr. Ritchey noted that the core of the proposed plan was a planned regional rail system, using existing and new rail lines, complemented by car and van pooling. He also stated the report recommended using self-propelled diesel cars on the proposed rail system. He said these trains would operate at speeds up to 75 miles per hour, with each car carrying about 150 people seated and with a maximum approximately 300 people total.

Mr. Ritchey said the proposed system would operate along the spine of the Triangle, using existing rail corridors and new tracks near the Raleigh-Durham Airport and between Durham and the Town. He stated that the proposed system would connect area universities, the airport, most major employment centers, as well as major sports and event complexes.

Mr. Ritchey said the rail line would take five to seven years to plan, and another two to four years to construct along the new guideways. He noted that by using existing tracks, it would be possible to expand to the Hillsborough and Knightdale/Zebulon areas in the future.

Mr. Ritchey said he believed that the proposed system would link the essential areas in each region, such as employment centers, sports arenas and medical complexes. He also stated that the rail system would provide relief for I-40, US 1 North into Raleigh and U.S. 15-501. Stating that it was not possible to solve all traffic problems by constructing new highways, Mr. Ritchey said he thought the proposed plan was attractive because it built on existing infrastructure.

Mr. Ritchey said there were some critical issues that needed to be addressed before the plan could be implemented, including: access to railroad lines, the fact that all passenger rail cars are currently foreign-made and finally, how to pay for the plan.

He said the study identified three basic options, the first being the addition of a levy of a quarter-cent local option sales tax. He stated that a second financing option was a five-cent local option gas tax, but this might not be quite sufficient for full implementation. Mr. Ritchey said a third option would be a surcharge on automobiles.

Mr. Ritchey noted that the next steps in the process were to continue to review the cost estimates of the first phase of $150 million. He said the second phase, which included the Town, had an estimated cost of $165 million. Mr. Ritchey said the link between RDU Airport and the Research Triangle Park was estimated at $82 million. He noted that cost financing mechanisms required approval by the General Assembly. Mr. Ritchey noted that the TTA was attempting to receive comments on the proposed plan by the end of May. He noted that if consensus on a plan were achieved between local communities, the next step would be to develop land-use plans and to try to fix station locations.

Mr. Ritchey said TTA was requesting three Council actions, as follows: referral of the plan to advisory boards for comments, Council participation with the TTA in a public meeting on April 13th in Council Chamber from 5:00 to 8:00 p.m., and adoption of a resolution of general support previously distributed to the Council by the Triangle Transit Authority.

Council Member Capowski stated that the report estimated that approximately 30,000 commuters per day commuted to the Town daily. Council Member Capowski inquired how it would be possible to pay the cost of a rail system. Mr. Ritchey responded that $130 million was being spent in this area to improve roads and that this was much than was proposed to link Raleigh, Durham, the Research Triangle Park and the Town. Mr. Ritchey noted that although local governments would not be asked to fund rail improvements, funding might be requested to assist with commuter parking lots and other similar facilities.

Council Member Capowski said that sometime during the next few months, the Council would make a decision on the Meadowmont development proposal. He inquired whether Mr. Ritchey could provide the Council with educated guesses on where the rail line might go and when. Mr. Ritchey said he understood the importance of the Meadowmont decision. He added that it would be difficult to speculate on the future wishes of individual jurisdictions.

Council Member Brown said there were a lot of "ifs" in the TTA's report. She asked what would happen if other jurisdictions decided they did not wish to share rail lines with the Town and others.

Mr. Ritchey said there were two concerns, insurance/liability and project delays. He stated that the railroad companies were very concerned about these issues and would require a huge amount of insurance, so the prospects from the railroads were mixed and may take months or even years to negotiate. Mr. Ritchey also said it could be that the cost demanded by the railroads would prove to be too high.

Council Member Brown inquired about the prospects for project financing, since the General Assembly did not appear to be looking favorably on taxation as a possible funding source for fixed guideway systems. Stating that this matter was not partisan in nature, Mr. Ritchey said he felt fairly confident that progress would be made in identifying a suitable financing mechanism in the near future.

Noting that Phase II of the proposed project would substantially benefit the Town, Council Member Protzman inquired whether a funding strategy had been developed for this portion of the project. Mr. Ritchey said although the overall project was quite expensive, the principal strategy would be to focus development along key corridors, with growth paying for itself.

Council Member Powell inquired whether a determination had been made about the amount of right-of-way needed for Phase I of the proposed project. Mr. Ritchey said yes, noting that the only right-of-way needed would be for rail stations and possibly some areas between Cary and Durham.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO STAFF.

Mr. Horton said staff could prepare a follow-up report for the May 22nd meeting.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 3 Public Forum on Dining on Public Sidewalks

Mr. Horton presented a brief overview of the proposal. He said that two potential problems had been identified, the first being that barriers would be required to separate areas where alcoholic beverage were being served. Mr. Horton said the second potential problem was that the North Carolina Department of Transportation had given a preliminary indication that it would not be able to permit sidewalk dining on State roadways due to existing regulations concerning State rights-of-way. Mr. Horton said he had been in contact with Gorman Gilbert of NCDOT on this matter. He noted that sidewalk dining along State roadways would be permitted if tables and chairs were not permanently installed and if the Town would accept any liability pertaining to the proposed use. Mr. Horton stated that these conditions appeared to be reasonable.

Development Coordinator Jennie Bob Culpepper said the proposed ordinance before the Council this evening would add a new section to the Town Code allowing property owners with frontage on downtown sidewalks to apply for permits from the Town to place tables and chairs along downtown streets to serve food and non-alcoholic beverages. She said tables and chairs would have to be removed by midnight each evening and the Town would have to decide where to permit the placement of tables and chairs. Ms. Culpepper said Town staff was examining provisions which would allow for at least six feet of clear passage for pedestrians. She stated that based on the information received from Mr. Gilbert, Town staff was suggesting that only non-alcoholic beverages be served during the initial phase of the proposal. Ms. Culpepper added that Town staff was continuing discussions with ABC (Alcohol Beverage Control) officials about particulars for possibly serving alcoholic beverages on sidewalks in the future.

Joel Harper stated that officials in two communities with sidewalk dining indicated that these programs had been well-received. He asked the Council to consider that trash receptacles be required at the proposed sidewalk dining locations and that the areas under consideration be examined carefully since not all areas were wide enough to accommodate sidewalk dining. Mr. Harper said another issue would be to have safeguards to prevent unruly behavior if beer were to be served as well as food.

George Draper, owner of two buildings on East Franklin Street housing restaurants, said he opposed the proposed ordinance. He said safe passage was a major problem, particularly in the 100 block of East Franklin Street. Mr. Draper said he did not know how it would be determined which restaurants could have outside dining, and believed it would detract from the atmosphere of the downtown area. Mr. Draper said he was also concerned about liability matters.

Council Member Capowski said he remembered a citizen who had spoken at an earlier meeting about having this privilege handled by the use of fee-based permits. Mr. Horton said he believed any such fee should be modest, possibly to recover administrative costs, since the areas and the number of customers would be quite limited.

Council Member Capowski said he had seen barriers used in other towns and they appeared to work quite well even at two feet. He said the barriers also reduced liability. Mr. Horton stated that according to DOT staff a two-foot barrier would not be high enough.

Council Member Brown asked how many requests were anticipated. Mr. Horton said probably a few dozen requests would be received. Council Member Brown inquired about reasonable seating capacities. Mr. Horton said a few tables in most instances.

Council Member Pavão inquired about the width of the sidewalks in question. Public Works Director Bruce Heflin said approximately nine feet.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS PASSED UNANIMOUSLY (8-0).

Mr. Horton said this item could be placed on the Council's April 24th agenda.

Item 4 Petitions

Item 4a Funding Request by Public Information Network

William Hutchins, representing the Public Information Network, said

his organization had recently connected to the "Triangle Freenet" Computer Network, providing a great deal of information to users, especially school children and University students and faculty.

Mr. Hutchins said another aspect of the Triangle Freenet system was the ability to send and receive mail anywhere in the world. He said he was asking for funding from Chapel Hill as well as other local jurisdictions.

Council Member Protzman asked whether the $14,000 funding request was for one or several years. Mr. Hutchins said his organization hoped to be financially self-sufficient within two to three years, within initial funding subsidies being provided by sources such as the Town in the near future.

Council Member Protzman inquired how information on the network would be updated. Mr. Hutchins replied that individual information providers would be responsible for updating their own information and commercial information providers would be expected to pay an annual fee for use of the system.

Council Member Capowski requested that staff investigate how the proposal might fit into the Town's long-range automation plans.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE THE PETITION AND REFER IT TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 4b Triangle Land Conservancy Funding Request

Pearson Stewart, representing the Triangle Land Conservancy, said the New Hope Corridor Open Space Master Plan was ambitious, calling for approximately 1800 acres of permanent open space to extend from the Eno River State Park south to Jordan Lake with steep slopes, flood plains, nature trails, and easement areas to name a few features. He stated that the Triangle Land Conservancy had acquired thirty-two acres of land along the New Hope Corridor.

Mr. Stewart added about sixty-five acres of the corridor was in Orange County's jurisdiction and about 110 acres were in the Town's jurisdiction. He noted that the Conservancy's proposal become an extension of the Town's Parks and Recreation staff to conduct landowner contacts and handle the details of land acquisition. Mr. Stewart noted that the Conservancy was requesting $20,000 for each of the next three years for the land acquisition program.

Council Member Protzman inquired whether it was correct that $5,000 was to cover program expenses while $15,000 was to handle land appraisals and surveys. Mr. Stewart said this was correct.

Council Member Protzman inquired about funding sources for the Land Conservancy. Mr. Stewart said private donations represented a principal funding source.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

Council Member Chilton requested that item eleven be removed from the agenda because the Landfill Owners Group (LOG) had been unable to meet last week. He noted that LOG would meet on March 28th and would discuss the item at that time. Council Member Chilton suggested that consideration of the item be deferred to April 10th.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO DEFER CONSIDERATION OF THE ITEM UNTIL APRIL 10TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Chilton noted that the Landfill Owners Group next meeting would be at 7:30 p.m. on March 28th in the Board Room of the Carrboro Town Hall.

Council Member Capowski stated that both the University and UNC Hospitals were expecting cuts in their budgets, which would have an effect on the Town in terms of retail sales. He suggested that the Mayor draft a letter to the House and Senate Appropriations Committees and the Governor, express the Council's concern over these possible budget cuts and effects on the Town's residents.

Mayor Broun said although he was willing to write the letters, he was not sure how effective they would be because of the enormous issues involved in budget reductions. Council Member Capowski said it might help and would not hurt the situation.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO HAVE THE MAYOR SEND LETTERS TO THE GENERAL ASSEMBLY AND GOVERNOR EXPRESSING THE COUNCIL'S CONCERN REGARDING PROPOSED UNC BUDGET CUTS. THE MOTION WAS ADOPTED 7-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

Council Member Capowski said he had recently been riding his bicycle along Raleigh Road and had encountered treacherous road conditions, including a very large pothole near the UNC General Administration Building. He requested the staff's assistance in remedying this situation and in evaluating street maintenance on other major roadways throughout the Town. Stating that the recent repaving of Airport Road was not "bicyclist-friendly", Council Member Capowski also suggested that the Public Works Department have someone pay particular attention to bicyclist's needs, including pavement dropoffs of roadway repaving projects.

Mayor Broun asked Council Member Capowski whether this was a formal request for staff follow-up. Council Member Capowski answered yes, stating that the Town could possibly get volunteer help from Boy Scout troops or bicycle organizations to compile an inventory of bicycle-related problems that could be addressed along the Town's major roads without spending very much money.

Mr. Horton noted that both of the roads Council Member Capowski had cited, Airport Road and Raleigh Road, were both State-maintained roads. He added that although the State had made some temporary repairs to potholes on Raleigh Road, this was not a long-term solution. Mr. Horton said he did not know what the repair schedule was but we will follow up to see that they are repaired as soon as possible. Mr. Horton said we would welcome an inventory of potholes on major streets so that repairs could be scheduled.

Council Member Protzman said he would hope that for any issue, whether it be street maintenance or lawn care, that we would have someone on staff with that mindset so that improvements are made with specific goals in mind. He asked Mr. Horton if a report could be made to the Council regarding specific areas of interest. Town Manager Horton said yes, we could suggest some options, as some options may carry an expense, where others would not.

Town Manager Horton said he had three corrections to the agenda this evening. Mr. Horton said that on agenda #5.1.c , the date of April 20 should be filled in the blank, as all Council Members have indicated they can meet on April 20. Mr. Horton said the second correction is on item #5.1.k on pages 5 and 7 where a percentage is given as 10% and it should be 16% in both cases. Mr. Horton said the third correction was given to the Council, in the form of a corrected resolution for Agenda Item #9.

Item 5.1 Consent Agenda

Council Member Brown requested removal of items f and h.

Council Member Chilton requested removal of item m.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE CONSENT AGENDA WITH THE DELETION OF ITEMS F, H. AND M. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (95-3-27/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:

a. Minutes of February 27th, March 1st and 3rd.

b. Request to reopen Meadowmont public hearing for purpose of receiving East Entranceway Group final report (R-2).

c. Scheduling meeting with advisory boards and commissions (R-3).

d. Bid award for tire excavator (R-4).

e. Bid award for motor grader (R-5).

f. Authorizing use of $40,000 of 1989 open space bond funds to hire a parks and recreation capital projects supervisor (R-6).

g. Funding request by Orange Radio Amateurs (O-0.1)

h. Request from Orange Community Housing Corporation regarding $6,000 in second mortgages (R-8).

i. Deleted.

j. Extension of cable television non-basic service rate review period (R-10).

k. Policy concerning use of sewer funds (R-11).

l. Amendment to parking regulations for Patterson Place

(O-1).

m. Referral of proposed policy concerning murals to Public Arts Commission (R-12).

n. Referral of proposed policy concerning art work at Town facilities to Public Arts Commission (R-13).

o. Change in time for street closing for Apple Chill Street Fair on April 23rd (R-14).

p. Solicitation of proposals for independent auditor for 1994-95 Town audit (R-15).

This the 27th day of March, 1995.

A RESOLUTION REOPENING THE MEADOWMONT PUBLIC HEARINGS

(95-3-27/R-2)

WHEREAS, the Council has reopened public hearings to consider applications for Conditional Use Rezoning and for Master Plan Approval for the DuBose property (known as Meadowmont), on the east side of Chapel Hill; and

WHEREAS, the hearings were recessed on January 9, 1995; and

WHEREAS, the Council-appointed East Entranceway Work Group intends to make its final report to the Town Council, and the report is related to the Meadowmont applications for rezoning and master plan approval;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby reopens the two Meadowmont public hearings for purposes of receiving and discussing the Final Report of the East Entranceway Work Group.

This the 27th day of March, 1995.

A RESOLUTION SCHEDULING A JOINT MEETING WITH ADVISORY BOARDS AND COMMISSIONS (95-3-27/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a joint meeting with boards and commissions from 5:30 to 8:30 p.m. on April 20, 1995, in the Council Chamber at Town Hall.

This the 27th day of March, 1995.

A RESOLUTION AWARDING A BID FOR THE PURCHASE OF ONE RUBBER TIRED EXCAVATOR (95-3-27/R-4)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in the Chapel Hill News on February 5, 1995, in accordance with G. S. 143-129 for a rubber tired excavator with optional hydraulic thumb, and

WHEREAS, the following bids were received and opened February 23, 1995:

VENDOR NET COST

R.W. Moore Equipment Co. $164,860

North Carolina Equipment Co. $150,372

E.F. Craven Co. $129,153

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of E. F. Craven Company in the amount of $129,153 for a rubber tired excavator with hydraulic thumb in accordance with North Carolina General Statute 143-129.

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to enter into a contract with Southern National Leasing Corp. on behalf of the Town for the lease purchase of a rubber tired excavator at an interest rate of 4.96%.

BE IT FURTHER RESOLVED that the aforesaid contract by and between the Town of Chapel Hill and Southern National Leasing Corp., together with the amounts to be paid thereunder, be and the same are hereby designated as a qualified tax-exempt obligation of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986.

This the 27th day of March, 1995.

A RESOLUTION AWARDING A BID FOR THE PURCHASE OF ONE MOTOR GRADER (95-3-27/R-5)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in the Chapel Hill News on February 5, 1995, in accordance with G. S. 143-129 for an motor grader; and

WHEREAS, the following bids were received and opened February 23, 1995:

Vendor Net Cost

R.W. Moore Equipment Co. $103,409

Mitchell Distributing Co. $ 92,390

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the lowest responsive bid of R. W. Moore Equipment Company in the amount of $103,409 for an motor grader in accordance with North Carolina General Statute 143-129.

BE IT RESOLVED that the Council of the Town of Chapel Hill authorizes the Town Manager to enter into a contract with Southern National Leasing Corporation on behalf of the Town for the lease-purchase of a motor grader at an interest rate of 4.96%.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the aforesaid contract, by and between the Town of Chapel Hill and Southern National Leasing Corporation, together with the amounts to be paid thereunder, be and the same are hereby designated as a qualified tax-exempt obligation of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986.

This the 27th day of March, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 (95-3-27/O-0.1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1994" as duly adopted on June 6, 1994 be and the same is hereby amended as follows"

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

Non-departmental

Contingency 29,090 8,000 21,090

Orange County Radio 0 8,000 8,000

This the 27th day of March, 1995.

A RESOLUTION EXTENDING THE PERIOD FOR REVIEW OF BASIC CABLE TELEVISION RATES UNDER FEDERAL REGULATIONS (95-3-27/R-10)

WHEREAS, the Council has taken steps necessary to enforce federal regulations for basic cable service and associated equipment;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the 30-day period for rate review is extended by additional 90 days for consideration of the filings by Cablevision of Chapel Hill and Cablevision of Durham dated February 28, 1995.

This the 27th day of March, 1995.

A RESOLUTION ADOPTING A REVISED POLICY REGARDING TOWN PARTICIPATION IN THE COSTS OF FUTURE SEWER PROJECTS (95-3-27/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following policy regarding future participation in future sewer projects:

1. That the Town's obligation to participate in sewer costs from sales taxes and Community Development funds be limited to the amount of funds now available and undesignated through the Council's actions ($78,000 in 1994-95 sales taxes and $100,000 of 1995-96 sales taxes; $50,000 of Community Development grant funds).

2. That the availability of Community Development funds for sewer purposes shall be subject to change due to reallocations which the Council may make in the plan for using these funds and/or due to federal requirements regarding use and availability of these funds.

3. That the Town's participation in future sewer projects with sales tax funds shall continue at 16% of estimated construction costs of neighborhood sewer projects and that funds be applied at this rate until they are no longer available, subject to the following:

a. That of the 16% funding for a given project area, up to half shall be available for assisting low-income families with costs of assessments under the terms of the Council's Sewer Loan Policy as in effect at the time of the allocation. The remaining half of the 10% contribution, and any of the funds available for but not used for loans to low-income homeowners in the project area shall become allocated to sewer construction costs at a time determined by the Town Manager or Town Council.

b. That the Council allocate funds from sales taxes for individual projects in specific amounts based on estimated construction costs at the time of the Council's allocation decision. If estimated or actual construction costs subsequently change, the Council may but shall not be obligated to adjust the amount of the 16% funding for a sewer project.

c. That if the remaining amount of sales tax funds available for a sewer project would equal less than 16% of estimated costs of a project, then the Council may but shall not be obligated to allocate other funds to increase the allocation to a total of 16%.

d. That the Council's decisions to allocate funds for individual sewer projects take into account the public health need to undertake a project, the order in which valid sewer petitions are received by OWASA and other factors which the Council considers relevant. The Council may in its discretion but shall not be required to allocate funds for an anticipated sewer project before a petition is received by OWASA.

e. That the Town shall have no obligation to contribute funds to a sewer project if the Orange Water and Sewer Authority undertakes a project without assessments.

f. That if the Town is required under State law to extend sewer outfall lines into an annexation area, the Town's allocation of sales taxes for outfall purpose shall be for the full cost of such outfall, less any costs to be covered by other parties.

4. That the above policy would not alter the Council's decisions before adoption of this policy regarding assistance to neighborhoods which are or have been in the process of having sewers built with assessments.

5. That the policy shall not apply to any annexation areas for which the Town's previous policy regarding financial participation in sewer projects must apply under requirements in current State law.

This the 27th day of March, 1995.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (95-3-27/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill:

SECTION I

That Section 21-27 of the Town Code of Ordinances, "No parking as to particular streets" is amended by inserting the following therein, in appropriate alphabetical order:

STREET	SIDE	FROM	TO
Patterson Place	North	The center of Ransom Street	A point 100 feet east of the center of Ransom Street
Patterson Place	South	The center of Ransom Street	The end of Town Maintenance

SECTION II

That Section 21-27.8 of the Town Code of Ordinances, " No parking any time except by residential permit." is amended by inserting the following therein, in appropriate alphabetical order:

STREET	SIDE	FROM	TO
Patterson Place	North	A point 100 feet east of the center of Ransom Street	End of Town Maintenance

SECTION III

These ordinances shall become effective on May 1, 1995.

SECTION IV

All ordinances or portions of ordinances in conflict herein are hereby repealed.

This the 27th day of March, 1995.

A RESOLUTION REFERRING TO THE CHAPEL HILL PUBLIC ARTS COMMISSION A PROPOSAL TO CREATE A SERIES OF UTILITARIAN BRICK SCULPTURES AT THE LIBRARY AND REQUESTING GENERAL POLICY RECOMMENDATIONS ON ARTWORK ON PUBLIC PROPERTY (95-3-27/R-13)

WHEREAS, two local artists have proposed a series of utilitarian brick sculptures at the library; and

WHEREAS, these artists are applying for state funding for such an installation and are not requesting any Town funds; and

WHEREAS, the Public Arts Commission is charged with, among other things, identifying works of art appropriate for public display;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Public Arts Commission is requested to make recommendations on the following questions to the Council by May 22:

1. If the Towns-Craige project is fully funded, should the artists be invited to create a series of utilitarian brick pieces at the library?

2. Which specific sites should be considered at the library?

3. What type of process should be considered to incorporate the type of community input that the artists' proposal includes?

BE IT FURTHER RESOLVED that the Council requests the Public Arts Commission to make recommendations to the Council by next fall regarding a general policy and process for evaluating proposals for artwork on public property.

This the 27th day of March, 1995.

A RESOLUTION AMENDING THE TEMPORARY STREET CLOSING HOURS FOR THE 1995 APPLE CHILL STREET FAIR (95-3-27/R-14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends resolution 95-3-15/R-6 to revise the starting time of the street closing on April 2, 1995 from 10:00 a.m. to 10:30 a.m.

This the 27th day of March, 1995.

A RESOLUTION AUTHORIZING A SELECTION PROCESS FOR THE TOWN'S

1994-95 AUDIT (95-3-27/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to solicit proposal for the Town's 1994-95 from firms experienced in governmental accounting and auditing using the selection recommended by the N.C. Local Government Commission.

This the 27th day of March, 1995.

Item 5.2 Information Reports

No comments were made by the Council. The reports were accepted as presented.

Item 6 Board and Commission Nominations and Appointments

Nominations to the Human Services Advisory Board

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO NOMINATE ALL APPLICANTS. THE MOTION WAS ADOPTED UNANIMOUSLY.

Appointment Recommendation to the Planning Board for a Joint Planning Area Representative

Council Member Waldorf, speaking on behalf of Planning Board Liaison/Council Member Evans, stated that Council Members Evans had solicited applicants for this appointment and encouraged the Council to appoint Mr. Charlie Lancaster.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECOMMEND BY ACCLIMATION THAT THE ORANGE COUNTY COMMISSIONERS APPOINT MR. CHARLES LANCASTER. THE MOTION WAS ADOPTED UNANIMOUSLY.

Appointment to the Board of Adjustment

Council Member Powell asked that either Thomas Carson or Richard Westland be appointed to fill the vacancy.

Thomas Carson was appointed with six votes. Original voting ballots are on file in the Town Clerk's Office.

Appointment to the Policy Oversight Committee

Mayor Broun stated that Durham Mayor Kirkhoff had requested that he serve as the Town's representative on this committee. Mayor Broun said he would be glad to serve until his term of office was completed, but asked that the Council appoint an alternate member. Mayor Broun indicated that Council Member Brown had stated her interest in serving on the committee and would support the idea of having a second member from the Town being placed on the committee. Mayor Broun said he would raise the matter of having two Town committee representatives at the next committee meeting.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO APPOINT MAYOR BROUN AND COUNCIL MEMBER BROWN TO THE POLICY OVERSIGHT COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Appointments to the Landfill Reorganization Working Group

Council Member Chilton said the Landfill Owners Group had recommended that the Town form a Landfill Reorganization Working Group and that two or three members be appointed. He said the charge of the Group was laid out in the resolution before the Council. Council Member Chilton said the proposed Council Member representation would consist of Council Members Brown, Protzman and himself.

Council Member Waldorf asked whether there was a projected date for completion of the project. Council Member Chilton said that a specific timeline had not been adopted, but it was anticipated that this group may meet for the next 18 to 24 months to discuss the proposal and come back with a report. Council Member Chilton noted that the group hoped to complete its recommendations much sooner than this, but with negotiations expected on some very sensitive issues it is hard to predict completion.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPTED RESOLUTION R-16 WITH THE NAMES OF COUNCIL MEMBERS CHILTON, PROTZMAN AND BROWN FILLED IN THE BLANKS. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION REQUESTING THE COUNCIL TO AUTHORIZE THE ESTABLISHMENT OF A LANDFILL REORGANIZATION WORKING GROUP, TO APPOINT TWO OR THREE MEMBERS OF THE COUNCIL TO THE WORKING GROUP AND ESTABLISH A CHARGE FOR THE WORKING GROUP (95-3-27/R-16)

WHEREAS, the Council acknowledges a need to review the organization of the existing Landfill Owners Group and consider alternative means of landfill ownership; and

WHEREAS, the acquisition of a new landfill and possibly other solid waste facilities presents local governments with new management and financing opportunities; and

WHEREAS, it is recognized that the current 1972 Agreement defining ownership and operation of the landfill is very general and needs revision; and

WHEREAS, a working group is necessary to satisfactorily explore and evaluate reorganization, financing and implementation options;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the establishment of a Landfill Reorganization Working Group and appoints Mark Chilton, Jim Protzman (and Joyce Brown,) as the Town of Chapel Hill representatives of this committee.

BE IT FURTHER RESOLVED by the Council that the charge for the working group is:

- To evaluate options for ownership, financing and administration of the next landfill and/or other solid waste management facilities and activities;

- To report back to the governing bodies on recommendations for ownership, financing and administration and a process for public debate and consideration of the associated issues.

This the 27th day of March, 1995.

Item 7 Proposal to Explore Consolidation of

Public Transit System Operations

Mayor Broun said this is a proposal to explore the consolidation of public transit systems in the triangle area.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVAO, THAT THE COUNCIL ADOPT RESOLUTION R-17.

Council Member Brown said she was concerned about moving forward with this proposal without having some preliminary information. She said she felt that we might want to merge with the Durham TAC and the Raleigh TAC and establish a good working relationship before moving forward with a proposal. Mayor Broun said he agrees we need more information and feels it would still be in the form of a proposal and this would give us a more concrete basis for discussion.

THE MOTION PASSED WITH A VOTE OF 7-1, WITH COUNCIL MEMBER BROWN VOTING NAY.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO DISCUSSIONS WITH THE MANAGERS OF THE CITIES OF DURHAM AND RALEIGH AND OF THE TRIANGLE TRANSIT AUTHORITY AND TO REPORT BACK TO THE COUNCIL REGARDING THE FEASIBILITY OF OPTIONS FOR MERGING PUBLIC TRANSIT SERVICES AND OPERATIONS (95-3-27/R-17)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to explore with the Managers of the Cities of Durham and Raleigh and of the Triangle Transit Authority the feasibility of options for merging public transit services and to report proposals back to the Council.

BE IT FURTHER RESOLVED that the Council authorizes the Mayor to transmit this resolution to the boards of the Cities of Durham and Raleigh, the Triangle Transit Authority, the Town of Carrboro, the University of North Carolina, the NC Department of Transportation and such other parties as the Mayor deems appropriate.

This the 27th day of March, 1995.

Item 8a Reopening the Meadowmont Public Hearing

Manager Horton said R-17.1 would reopen the Meadowmont Public Hearing.

Town Attorney Karpinos stated that the recommendation before the Council tonight is to reconvene the Meadowmont Public Hearing so that the NC 54 East Entranceway Group report can be made a part of the public record, then to recess the public hearing with the item being placed back on the agenda for the April 17th meeting.

Mayor Broun asked if the Entranceway Work Group was necessarily a part of the Meadowmont process. Mr. Karpinos said that it is such a part of the process, that the information must be made a part of the public hearing record.

Tom Gunn stated his concern about the reason why the Entranceway report needed to be added to the public record. He asked if the passage of this resolution to set up a public hearing on April 17 is legal, since he does not believe that proper notification was given.

Town Attorney Karpinos stated that the Entranceway report is so entwined in the quasi-judicial process that the report needs to be received in the context of the Meadowmont hearing, which is why we are requesting that the public hearing be reopened so that it can be received. Mr. Karpinos cautioned the Council not to discuss the Meadowmont development itself, rather to discuss the Entranceway report as a part of the Meadowmont public hearing. Mayor Broun asked if it was indeed legal to reopen a public hearing. Mr. Karpinos said yes, that the meeting had been properly advertised.

Council Member Broun asked why this was coming before us as part of the Comprehensive Plan. Town Manager Horton said it would be necessary to modify the Comprehensive Plan with this proposal.

Council Member Protzman asked did that mean that citizens would be allowed to speak? Mayor Broun said that decision would be made after the public hearing was reopened, if it was.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-17.1. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION REOPENING THE MEADOWMONT PUBLIC HEARINGS (95-3-27/R-17.1)

WHEREAS, the Council has opened public hearings to consider applications for Conditional Use Rezoning and for Master Plan Approval for the DuBose property (known as Meadowmont), on the east side of Chapel Hill; and

WHEREAS, the hearings were recessed on January 9, 1995; and

WHEREAS, the Council-appointed East Entranceway Work Group intends to make its final report to the Town Council, and the report is related to the Meadowmont applications for rezoning and master plan approval;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby reopens the two Meadowmont public hearings for purposes of receiving and discussing the Final Report of the East Entranceway Work Group.

This the 27th day of March, 1995.

Mayor Broun stated that the Council was now in a quasi-judicial hearing.

Item 8b Continuation of Meadowmont Public Hearing

Town Manager Horton stated that Mr. Martin Rody would make the committee's report.

Mr. Rody stated the Council had given the Committee a formidable task and congratulated Town staff in their dealing with the Committee. He said on November 14, 1994 the Work Group was convened and was Chaired by the Chairman of the Planning Board, with members of various other advisory boards as members. Mr. Rody said the Council asked the Work Group in February to prepare a final report to be completed by March 31st. He said the first major meeting was on December 21, 1994 with an all day session. Mr. Rody said the Work Group found that most of the development over the past decade was either residential or institutional. He said the need for more balance in development was an identified concern, as well as the transportation problems in the community which are primarily caused by the segregation of land uses in the past. Mr. Rody said the Work Group first listed all of the issues, then broke them down into three categories: entranceway, land use, and infrastructure, with transportation being considered in the land use infrastructure category. He said in addition, that three other major meetings took place to develop the goals and objectives of the Work Group.

Mr. Rody stated that the Work Group had developed five points of consensus concerning the Meadowmont Development: 1) the Work Group supports a Mixed Land Use pattern; 2) endorses the two zoning districts of R-5c and MU-OI-1, but does acknowledge that they did not have time to thoroughly discuss the exact boundaries of these districts; 3) driveway cuts on the main thoroughfare (Meadowmont Lane) be minimized; 4) suggests study of the possibility of the primary thoroughfare swinging to the south and east of the Meadowmont Estate; and 5) does not support active recreation in the wetlands.

Mr. Rody concluded his report by providing an overview of the issues considered by the Work Group.

Mayor Broun stated that one issue was the date the public hearing would be recessed to, which is proposed for April 17.

Council Member Chilton asked if we could receive brief comments only on the question of the date.

Mayor Broun asked if there was any other date appropriate. Town Manager Horton said April 26 was a possible date.

Mayor Broun asked if we had a reasonable consensus from the Council to move the hearing date to April 26. There was consensus.

Mayor Broun stated that we would take comment at this time with the understanding that the hearing would be recessed to April 26.

Tom Gunn stated that some areas were not considered by the Work Group, such as a meadow just past the entranceway sign on the bypass, a residential area near the shopping center, a vacant lot, and property owned by the University, as well as the DuBose property. He said the Work Group report is not the small area report we need to appropriately study this area. He suggested the Council undertake a small area plan before moving forward.

Alice Ingram, speaking as a member of the Design Review Board and Entranceway Work Group, stated that the principles of the report received either a unanimous vote from the members or at worst a 12-3 vote on each issue. She stated that having shopping available near residential areas is an identified need. Ms. Ingram said because of the traffic considerations, a mixed use designation seems to be the best solution, and with this in mind, the Group dealt with the consequences of development.

Ruby Sinreich, a member of the Work Group, said she was concerned that planning needs to be more integrated in terms of the Master Plan so that shopping is available to the entire community. She said that more density of development will allow for more green space, and that transit issues should not be an afterthought, but should be provided as soon as possible. Ms. Sinreich stated that affordable housing should also be included. She said she questions the necessity for another village in Chapel Hill, and the need to increase the population of Chapel Hill by 6%.

Diane Bloom, a member of the Planning Board and the Work Group, stated she was speaking for herself, not as a representative of either group. She said our Comprehensive Plan was put in place to guide development with the aid of consultants. Ms. Bloom said she is concerned that a change based on this report might weaken the Comprehensive Plan. She said the Work Group members acknowledged that they had limited resources to deal with the issues. Ms. Bloom said they had no traffic studies, no information on air pollution, no information on stormwater patterns, school population projections, the different levels of commercial or retail development, hidden costs such as demand for services, and no information on mass transit for this area. She said a substantial minority, 30%, of the Group did not endorse the conclusions of the Work Group. Ms. Bloom urged the Council not to adopt this report as an amendment to the Comprehensive Plan, but asked that a small area plan be initiated.

Victor Friedmann, a member of the Oaks Homeowners Association, said he was disappointed with the Work Group study, and requested that a small area plan be initiated. Mr. Friedmann said the Work Group had limited expertise and resources by their own admission. Mr. Friedmann distributed information he had personally compiled on traffic increases on NC 54 from December, 1994 to February 1995. He asked the Council to initiate a small area plan for this area.

Jan Halle, representing the Greenway Neighborhood Association, thanked the Council for changing the date of the meeting to April 26. She said she feels that this development does not seem to fit in to the long range plan for Chapel Hill.

Valerie Broadwell, a member of Entranceway Work Group, said she is critical of the process, because the Work Group did not have access to needed information. She feels the neighborhood residents should have been consulted especially in regards to mass transit.

Jane Williams stated her understanding that, if the DuBose property zoning designation is changed, the owners will be able to build 1,900 structures with over 1 million square feet. Ms. Williams asked if we have the infrastructure to support this large a development. She asked if our schools can handle this expected high density. Ms. Williams said she realized the property taxes could provide needed funds for more schools, but that can take years. She said if the schools are not in place to handle the children from this development, the impact of overcrowding will be great. Ms. Williams said the roads are another concern. She said we need to step back and look at the broader picture. Ms. Williams asked how this rezoning and change to the Comprehensive Plan will affect life in Chapel Hill. She suggested there be a school impact study as well as a small area plan initiated Ms. Williams thanked the Council for changing the date of the public hearing.

Toni Jo Friedmann also thanked the Council for changing the date of the hearing to April 26. She said she believes members of the Work Group did their best to deal with the issues under discussion, but by their own admission did not have the expertise or resources needed. She said that she would like to request that based on this admission, a small area plan be undertaken. Ms. Friedmann also stated that a change in the Comprehensive Plan could result in high density and multi-use along NC 54. She said if this project is built, the scenic vistas along NC 54 will disappear, with fast food restaurants and commercial centers taking their place. Ms. Friedmann said the Comprehensive Plan is in place to prevent this type of thing from happening, and should not be amended.

Livy Ludington, speaking as a member of Stop Overcrowding in Schools (SOS), said her group was formed when they realized what a crisis our school system was in. She said even with the new schools being constructed, overcrowding will still exist. Ms. Ludington asked that the Council and school officials accept responsibility for any development or rezoning that takes place. She requested that a school impact study be conducted so that the effects on the schools can be identified before the development is approved. She said she would be concerned even if the zoning stays the same, since that would mean that 700 new homes could be built, with nowhere for these children to go.

Mieke Rose said our schools are in crisis, and the Meadowmont development will impact the school system in a huge way. She said to consider rezoning in favor of this large number of homes is irresponsible in this time of crisis.

Mary Reeb, a member of the Planning Board and the Work Group, urged the Council not to adopt the report if it meant revising the Comprehensive Plan. She said that the Comprehensive Plan was not discussed in detail by the Work Group, and of the 23 total members, no more than 15 to 18 were present at any one time.

Cynthia Wise agreed with most of the comments made tonight, except for the comments on mass transit. She said that although the developers have worked for over four years on the project, the public has only had a little over a year to discuss it. She believes more time is needed for the public to become familiar with it.

Bob Reda, speaking as President of the Chapel Hill Alliance of Neighborhoods, said long range planning is imperative for this project, but we seen to be discounting the long range planning already in place. He said he believes that several years went into forming the long range plan, and does not like the idea of having a one day Work Shop change that long range plan. Mr. Reda said he feels that this area of Town needs a small area plan and we need to give it the attention it deserves.

Julie Andresen said it was difficult for the Work Group to take a look at big picture issues because there was no time. She said there was a lot of talk in the Work Group to preserve pastoral land, but that is impossible to do with mixed use zoning. Ms. Andresen said this area also has land owned by the Army Corp of Engineers which is reserved for a floodway for Jordan Lake. She said the pace of growth in Chapel Hill affects our ability to serve, that if we grow too fast, then the current residents will have to pay for new infrastructure. She implored the Council to develop a small area plan before any change to the Comprehensive Plan is considered.

Pegi Brock, a member of Stop Overcrowding in Schools (SOS), said overcrowding in our public schools is a major issue. She said the Chapel Hill-Carrboro school system is the fastest growing in the State. Ms. Brock said she would like the Council to propose to the Meadowmont developers that they donate land and perhaps contribute to the construction of a school in the Meadowmont development to serve not just the children of the Meadowmont development, but all children in that area. Ms. Brock said we don't need a hotel in that area, we need a school.

Roger Perry said he not here to support or defend Meadowmont. He said this process began in the summer of 1991, with the first public initiative in December 1991. Mr. Perry said this project has come before the Design Review Board six times, they have had three public hearings, and then went through the Work Group process for three months. Mr. Perry said, in addition to Meadowmont, there are only 170 acres of land on the entire corridor. He said he submits that Meadowmont is a small area plan, and urged the Council to move forward. He said that after three and one-half years, it is time for the Town to proceed with telling them what they can and cannot build. Mr. Perry concluded by saying the project will continue to be modified as the Special Use Process continues.

Council Member Waldorf asked Mr. Rody if the Work Group had asked the school system if they wanted a school on this site? Mr. Rody said that because the site is so close to the Durham border, the school board would prefer a site closer in. Council Member Waldorf asked Mr. Rody if the report was suggesting that land be set aside for future infrastructure, such as police or fire substations? Mr. Rody said whatever was identified as necessary would be appropriate.

Council Member Capowski asked if the Work Group had estimated how much revenue could be realized from the commercial development of this property. Mr. Rody said that the more space set aside for commercial property, the less available for residential, which means fewer school children to serve.

Council Member Capowski asked if retail construction larger than that necessary to serve Meadowmont was being proposed. Mr. Rody said yes. Mr. Rody said that if the maximum number of houses were ever built in Meadowmont, a small neighborhood commercial area would not be sufficient. Council Member Capowski asked if a connector road was considered. Mr. Rody said the State had planned an east-west connector road in this area already, and it had to connect somewhere, with NC 54 being likely. Council Member Capowski asked if a major goal was to preserve pastures, did the Work Group ever consider recommending that the Town simply buy the pastures? Mr. Rody said no.

Council Member Brown said she believed that as much information as possible should be put forth for the upcoming meeting, with extra efforts being made to contact all interested parties.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO RECESS THE PUBLIC HEARING UNTIL APRIL 26. THE MOTION WAS ADOPTED UNANIMOUSLY.

Item 8c Calling a Public Hearing

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-17.2, AMENDED TO REFLECT APRIL 26 AS THE DATE FOR THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION EXPRESSING APPRECIATION TO THE N.C. 54 EAST ENTRANCEWAY WORK GROUP AND RECEIVING THEIR REPORT ON THE N.C. 54 ENTRANCEWAY AREA, AND CALLING A PUBLIC HEARING ON THE ISSUE OF INCORPORATING THIS REPORT INTO THE COMPREHENSIVE PLAN (95-3-27/

R-17.2)

WHEREAS, the Town Council formed and established a charge for the N.C. 54 East Entranceway Work Group in November of 1994; and

WHEREAS, the N.C. 54 East Entranceway Work Group began meeting in January of 1995, and has worked diligently to produce Recommendations regarding the N.C. 54 East Entranceway Area and the proposed Meadowmont development; and

WHEREAS, the Council's charge to the Work Group included a sunset date of March 31, 1995; and

WHEREAS, we expect that the Council will take public comment on the report at a public hearing;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the Report of the N.C. 54 East Entranceway Work Group for further consideration and that the Council calls a public hearing on the Report on April 17, 1995.

BE IT FURTHER RESOLVED that the Council expresses its appreciation to the members of the N.C. 54 East Entranceway Work Group for their work in assembling this report.

This the 27th day of March, 1995.

Item 9 Regulation of Duplexes and Certain Types of Subdivisions

Town Manager Horton stated that the Council had expressed some concerns about issues related to construction of duplexes and some issues related to minor subdivisions and we have offered for your consideration some options for study that would address some of the issues that have come up recently.

Development Coordinator J.B. Culpepper stated that regarding duplexes, the Development Ordinance provisions identify various types of uses that are allowed in various zoning districts. Tonight we are specifically talking about two-family dwelling units. She said that over the past 8 or 9 years that have been duplexes constructed that don't fit in with the character of the neighborhood, as there have been minor subdivisions that don't fit in with the character of the neighborhood. Ms. Culpepper said we have listed in the report before you tonight seven possible options for consideration if the Council wishes to change the regulations for two-family duplex units or minor subdivisions. Ms. Culpepper said one option is potentially rezoning property in new areas that would allow or not allow duplexes or possibly eliminating duplexes in existing zoning districts. She said another option would be to require duplexes to go through the Planning Board's site plan approval process rather than an administration process. Another option would be to apply floor area ratios or other land use intensity ratios to duplexes, or perhaps create parking regulations that would apply to two family dwellings such as duplexes with screening and possibly a prohibition of parking in front yards. Ms. Culpepper said, as we did in 1990, there could be adjustments to the definition of a duplex, such as limiting the number of bedrooms on each side of a duplex. She said the 1990 regulations brought the number down to three on each side. Ms. Culpepper said another option would be to require notification of property owners within 500 feet of a proposed minor subdivision and a provision to provide information about subdivisions that are actively being considered in the various historic districts to the Historic District Commission. She said staff recommends adoption of the revised Resolution A, which would direct that information about minor subdivision applications be made available to nearby property owners and that regular reports of subdivision activity that occurs in an historic district be made available to the Historic District Commission. Ms. Culpepper said Resolution B can be custom tailored to represent any options the Council desires. She said staff is suggesting particularly that the Council include the study of parking regulations for duplexes.

Mayor Broun asked if the Council could adopt Resolution B and include all options from Resolution A and B.

Hawley Oakes, President of the Neighborhood Association, stated the neighborhood included a large part of the historic district, and said that several members would speak to the Council tonight regarding the regulations of duplexes.

Chuck Ausherman, Vice President of the Neighborhood Association, said he has lived 22 years at 407 North Street. He stated that 405 North Street has been converted to triplex with no regard to building codes. Mr. Ausherman said there are as many as 14 students living there at any one time with a large turnover rate. He said it is an illegal rooming house, with garbage collecting in the yard and no supervision of noise or general behavior. Mr. Ausherman said there are as many as ten cars parked in the yard at any one time. He said that family neighborhoods are precious and fragile and should be preserved.

Mr. Ausherman read a statement from Janet Evans who lives at 403 North Street but could not be present tonight. The statement said she is concerned about the illegal rooming house at 405 North Street. Ms. Evans statement said she and her family are awakened by vulgarity and screaming frequently; garbage is frequently in the yard and spills over into her yard. Her statement said that at one time a boyfriend of one of the residents actually lived on the front porch, slept in a sleeping bag and hung his clothes on the porch.

Kimberly Kyzer said she lives next door to the Sparrow house on Hillsborough Street and shares a curb cut with it. She said the proposed development next door has 24 parking places in Phase I and 48 in Phase II. She asked the Council to please do a study on the impact that traffic will have on the immediate neighborhood, as she considers this a serious increase to a small neighborhood. Ms. Kyzer also asked the Council to study carefully the uses of language that govern building in the Historic District, such as the definition of bungalows. She said it is important that the Council support the intention of the Historic District which is to preserve the face of old Chapel Hill and to prevent just this kind of development.

Arthur Finn said he lives opposite the rooming house on Hillsborough Street. He said the intent of the Historic District will be lost if rooming houses are allowed within the Historic District. He said he considers his home's value to be diminished because of the existence of the property across the street.

Robert Lawson lives across the street from proposed duplexes, and is concerned about the duplexes for many reasons. He said that Hillsborough Street is a busy street, but is still charming. Mr. Lawson said what is proposed is a few duplexes, but in three or four years Hillsborough Street will be lined with duplexes which will change the character of this tree-lined residential street.

Hawley Oakes concluded the neighbors remarks by stating that five years ago the Council had turned down a request by a sorority to build in the Historic District on Rosemary Street.

Bob Epting, speaking as the attorney for the Neighborhood Association, said the concerns are about the quality and character of the Historic District. He said ordinances are in place so that plans must be approved by the Historic District Commission, but the visual quality is somehow overlooked. He proposed that what is needed is an opportunity to participate in the subdivision process as it occurs in the Historic District. Mr. Epting said that flag lots should be prohibited in subdivisions as well as minor subdivisions unless there is substantial justification for it, and suggested that the wording in the ordinance be changed to reflect this. Mr. Epting also suggested a moratorium be placed on Historic Districts pending future review.

Josh Gurlitz, Chair of the Historic District Commission, stated his support of Resolutions A and B before the Council tonight. He requested that those items within Resolution B be referred back to staff for future review.

Council Member Waldorf asked if it was possible to call a moratorium as Mr. Epting suggested. Town Attorney Karpinos stated that unless you have a specific issue with a specific time limit for conclusion, a moratorium would not be favorable. Mr. Karpinos said that if a public hearing were called for a specific date with a specific issue identified for discussion, then if someone subsequently submitted an application, that application would be postponed until after the issue was settled.

Council Member Brown asked how we would include the Historic District Commission in such a process. Mr. Karpinos said that the Council could simply refer comments from a public hearing to the Historic District Commission as well as the Planning Board.

Council Member Powell stated she had attended the March 9 meeting of the Historic District and believes that the Council must act to assure that our historic districts are kept intact, but the zoning regulations now in place are unsatisfactory to many. She stated the Historic District Commission must be given the opportunity to review any minor or major request.

Council Member Powell moved to approve Resolution 18a. Mayor Broun stated he believes Resolution B could be modified to include all aspects of A and B. Council Member Powell then moved Resolution B, modified to include all seven options from B and all the aspects of Resolution A.

Council Member Waldorf suggested an amendment to Resolution B to add a clause that said, "Be It Further Resolved that these matters would go before the Historic District Commission and the Planning Board and that the Council states its intent to hold a public hearing on these matters on 'blank' date." Council Member Waldorf then asked the Manager what date would be appropriate to be filled into that blank.

There was consensus among the Council to accept this wording.

Town Manager Horton stated he believed it would be difficult to set a date at this time without bumping something else and thinks the Council should select a date it feels is appropriate and then allow us to come back at your next meeting and suggest adjustments.

Mayor Broun asked Mr. Karpinos if it would be appropriate rather than setting a specific date we simply say we would report back before June 30. Mr. Karpinos asked if that would be with the intent of acting on the ordinance? Mayor Broun said yes, and with the intent of setting a specific date at our next meeting. Mayor Broun asked if it was appropriate for tonight's motion to set the hearing to occur before June 30 without deciding on a specific date.

Town Manager Horton stated that it would be appropriate to set the date for June 19, if he were allowed flexibility to propose a change in date at the next meeting if necessary.

Council Member Chilton seconded Council Member Powell's motion with the addition of the language proposed by Council Member Waldorf and well as the date of June 19 added.

Council Member Brown asked if corrected Resolution A could be amended under the second "Be It Further Resolved" to include the phrase "as soon as it becomes known" rather than "to the greatest extent possible."

Town Manager Horton said there would be no difficulty with that wording change.

Mayor Broun said we now have a motion before the Council which would incorporate all aspects of corrected Resolution A into Resolution B, listing all the options of the Manager's memo that would call a public hearing with regard to possible change on June 19.

Council Member Capowski proposed amending the proposed motion to include studying the concepts used in Newark, Delaware, which treats rooming houses, duplexes, and the like as businesses.

Mayor Broun said this is a motion to add an eighth option.

Council Member Powell said she believes this is something we need to deal with, but does not see Council Member Capowski's comments as part of this motion.

The motion failed for lack of a second.

Mayor Broun said they were now back to the original motion to combine A and B, plus setting a public hearing for June 19, which may be reviewed as some later date, and to include the language suggested by Council Members Waldorf and Brown.

THE MOTION PASSED UNANIMOUSLY.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGES TO DUPLEX REGULATIONS, AND DIRECTING THE MANAGER TO PROVIDE INFORMATION ABOUT SUBDIVISION ACTIVITY (95-3-27/R-18b)

WHEREAS, the Chapel Hill Town Council has received a report describing concerns about current development regulations and processes;

NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:00 pm on June 19, 1995, in the Chapel Hill Town Hall, to consider the following possible amendments to Chapel Hill's Development Ordinance:

1. Create new zoning districts in which duplexes might be permitted, and/or eliminate duplexes as a permitted use in some existing districts.

2. Require duplexes to go through the Planning Board's Site Plan Approval Process.

3. Apply floor area ratios to duplexes.

4. Create new parking regulations for duplexes, requiring screening and/or prohibiting parking in front yards.

5. Adjust the definition of duplex.

BE IT FURTHER RESOLVED that the Council refers these proposed amendments to the Planning Board and Historic District Commission for recommendation at the June 19 Public Hearing.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to require notification of property owners within 500 feet of a proposed minor subdivision.

BE IT FURTHER RESOLVED that the Council directs the Manager to report all known subdivision activity occurring within the Historic Districts to the Historic District Commission.

BE IT FURTHER RESOLVED that such information shall be provided to the Commission, as soon as it becomes known, prior to final approval of such subdivisions.

This the 27th day of March, 1995.

Item 10 Implementation of Recommendations of the

Stormwater Management Committee

Town Engineer George Small gave a brief summary of the thirteen recommendations made by the Stormwater Management Committee. He

said they are suggesting that three of the recommendations not be implemented at this time: #4 which calls for a stormwater impact statement for new developments; #7 which involves including a detention policy in single family duplex developments; and #8 which includes the undertaking of a comprehensive regional lake feasibility study.

Art Werner, speaking as a member of the Stormwater Management Committee, thanked the staff for recommending most of the recommendations of the Committee. He said the Committee worked very hard on the recommendations and felt that they were all necessary. Mr. Werner said he understands why the staff chose not the recommend the three items which were deleted, but feels that the Council needs to take a closer look at some of these issues. Mr. Werner said we are seeing more flooding instances in eastern Chapel Hill and these stormwater problems have been going on for a number of years. He said that in a development like Meadowmont it is hard to predict what the impact of such a development would be downstream. Mr. Werner said he would hope that the three items would be reinstated, since it would provide the Council with valuable information.

Mayor Broun stated he agreed with a lot of what Mr. Werner had said, especially in regard to the impact of development on stormwater management.

Council Member Protzman said he echoed Mayor Broun's statements, and said he believes that if it is necessary to go back into the Development Ordinance to do that, that we should. Council Member Protzman said that in recommendation #9 regarding impervious surface, he feels we are a little soft in saying that we are encouraging developers. Council Member Protzman said that at the end of the Lowe's discussion he asked whether or not the Council could come back and look at strengthening our ability to demand reductions in impervious surface, whether it's through the mechanisms that Mr. Werner just covered or the actual construction of the surfaces themselves. He stated he believe there is room for improvement, and if that requires going back into the Development Ordinance to change that, then that's what he would suggest doing. Council Member Protzman said it might be tough and mean a lot of work, but he feels it needs to be done.

Mr. Small stated he believes the Council could adopt the recommendation and then follow up on Council Member Protzman's proposals.

Mayor Broun said he believes there is a consensus among the Council to have staff look at Mr. Protzman's proposals.

Council Member Waldorf asked Mr. Small if this type of development ordinance amendment would trigger changes in the Engineering specifications. Mr. Small responded that some changes may be needed, but he does not believe they would be significant.

Council Member Capowski asked exactly what R-19 would do. Mr. Horton responded that the resolution is putting forth policy statements.

Mr. Small said we have, for instance, a policy for the placing of stop signs, which simply help us to recommend the appropriate placement of stop signs. This resolution would be do same thing in regard to policy statements regarding stormwater management issues.

Council Member Brown asked how would it affect our policy if we put back the Committee recommendation. Mr. Small said we would probably have to come before the Council at a later date with a development ordinance change, since the change would be more than just a policy statement.

Council Member Waldorf moved for adoption of Resolution R-19, with two changes She proposed the first change be at the fourth asterisk, that the period be changed to a comma and add "and identify possible amendments to the Development Ordinance that would further the scope; then on the second page move the approval process for the new development to include a stormwater impact statement up above the first "Be It Resolved" so it is part of the set of recommendations we are considering now.

Mayor Broun suggested an additional amendment to add the phrase "and propose amendments to the Development Ordinance to implement this stormwater management process."

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION R-19 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ADOPTING CERTAIN POLICIES RELATING TO STORMWATER MANAGEMENT AND IMPLEMENTING CERTAIN RECOMMENDATIONS OF THE STORMWATER MANAGEMENT COMMITTEE AS PRESENTED IN THEIR NOVEMBER 1994 FINAL REPORT (95-3-27/R-19)

WHEREAS, a Stormwater Management Committee was established by the Council in 1992 to investigate and make recommendations regarding stormwater management issues affecting Chapel Hill; and

WHEREAS, the Committee presented its final report to the Town Council on November 8, 1994; and

WHEREAS, the Committee's final report contained thirteen (13) recommendations, and the Council directed the Town Manager to investigate and report back regarding implementation of the recommendations.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith adopts the following recommendations of the Stormwater Management Committee, including the associated policy statements, as described in the Stormwater Management Committee Final Report of November, 1994:

* The Town adopt and implement the Committee's proposed Policy on Drainage Easements.

* The Town adopt and implement the Committee's proposed Policy on Drainage Assistance Program.

* The protection currently afforded by the Town's Resource Conservation District Ordinance not be weakened.

* The Town encourage reductions in impervious and built-upon areas when considering approval for new developments.

* A storm drainage infrastructure inventory be maintained and improved, and that the Town adopt the Committee's proposed Policy on Storm Drainage Infrastructure Inventory.

* As-built drawings be required for stormwater systems and/or drainage infrastructure modifications included in each new project and/or development built within the Town's planning jurisdiction.

* The Town adopt the Committee's proposed Policy on Public Maintenance of Storm Drainage System.

* The Town continue to require use of a standard, accepted method for estimating runoff, such as the "HYDROS" computer model currently in use, and that the Town investigate updating the "HYDROS" computer model to be compatible with the Town's G.I.S. (Geographic Information System).

* The Town continue to monitor the streams within Chapel Hill to assess the water quality and health of our streams, and that the Town adopt the Committee's proposed Policy on Water Quality Inventory to be funded annually through the Town's operating budget as an on-going program.

* The Town maintain and support the established volunteer network presently monitoring our streams and continue to develop, train, and equip new volunteers to monitor streams.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to prepare amendments as may be necessary in the Town's Development Ordinance to require that submittal of a stormwater Impact Statement be included in the approval process for new developments, as recommended by the Stormwater Management Committee.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to prepare amendments as may be necessary in the Town's Development Ordinance to reduce allowable impervious and built-upon areas in new developments, as recommended by the Stormwater Management Committee.

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to utilize approximately $28,000 which remains unencumbered in the Town's Stormwater Management and Drainage Account (#42850-80135) to implement the above listed recommendations to the fullest extent possible during fiscal year 1995-96.

BE IT FURTHER RESOLVED that the Council herewith defers action on the following recommendations pending the availability of additional information and/or resources necessary to make appropriate implementation decisions:

* The current detention policy be expanded to include developments or subdivisions which create four (4) or more single family duplex structures, whether such structures are created at one time or over an extended period of time.

* The Town investigates the use of regional stormwater lakes, in addition to on-site detention, as possible mitigation measures for water quantity and quality concerns, and that funds be included in the Town's 1995-96 budget to undertake a comprehensive regional lake feasibility study.

This the 27th day of March, 1995.

Item 12 Balance of Consent Agenda

Open Space Bond Funds

Council Member Brown said she believed the use of remaining 1989 Parks and Open Space Bond Funds for hiring a supervisor was inappropriate.

Town Manager Horton said there are several large projects currently under consideration. He said we would benefit by hiring a supervisor to ensure that these projects are adequately managed and supervised. He stated we simply do not have the manpower to do it.

Council Member Pavão said he attended the Parks and Recreation Commission meeting when this was proposed and agreed with the Commission's recommendations.

Council Member Powell asked why we needed to move forward now, and wondered whether more explanations would be forthcoming.

Council Member Pavão stated that because of the number of projects a supervisor was necessary and prudent.

Council Member Capowski asked why Council Member Brown felt it was an inappropriate use of the bond funds.

Council Member Brown said she believes the money should be used for other uses besides using it as salary. She said we had supervisory staff already, and we knew these projects were coming up. She said once supervisory staff are hired, its difficult to do away with them.

Mayor Broun stated that we need a supervisor, either through a consultant or through the architect. He said it was actually cheaper for the Town to hire a supervisor.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION R-6. THE MOTION WAS ADOPTED 5-3, WITH COUNCIL MEMBERS BROWN, CHILTON, AND POWELL VOTING NAY.

A RESOLUTION AUTHORIZING THE USE OF $40,000 IN 1989 PARKS AND OPEN SPACE BOND FUNDS FOR A TEMPORARY PART-TIME PROJECT SUPERVISOR

(95-3-27/R-6)

WHEREAS, there are currently nine separate parks and recreation capital projects in either the design or construction phase; and

WHEREAS, the Town Manager has requested authorization to hire a temporary part-time project supervisor to supervise and coordinate these projects; and

WHEREAS, the use of a temporary project supervisor would help ensure the best use of the funds allocated for these projects and the earlier completion of new facilities and improvements for use by Town citizens;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to use $40,000 in 1989 Parks and Open Space bond funds to hire a temporary part-time project supervisor.

This the 27th day of March, 1995.

Request from Orange Community Housing Corporation

Council Member Brown said she believed the Town should have some kind of accounting from the Orange Community Housing Corporation before moving forward on this matter. She said the Town had been very generous with the group and she believed that some sort of report should be forthcoming before approving the request.

Mr. Horton said the Council received a comment during the annexation hearing for the Culbreth Park area from a citizen who raised some of the questions which Council Member Brown raised this evening.

Mr. Horton said the staff would prepare a report addressing those questions and that we could extend an invitation to the chair of the board and the director of the Orange Community Housing Board to prepare information and participate in a briefing for the Council, if the Council wishes.

Council Member Brown agreed with Mr. Horton's suggestions.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION R-8. THE MOTION WAS ADOPTED UNANIMOUSLY

A RESOLUTION CONVERTING THE $6,000 LOAN TO ORANGE COMMUNITY HOUSING CORPORATION INTO THREE $2,000 PERMANENT SECOND MORTGAGES (95-3-27/R-8)

WHEREAS, the Town Council has made commitments to the promotion of low and moderate income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Fund revenues to low-income housing initiatives; and

WHEREAS, the Town has received a request from the Orange Community Housing Corporation to assist low income homebuyers in the Abbotts Colony subdivision;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council convert the $6,000 loan to the Orange Community Housing Corporation into three $2,000 second mortgages for the buyers of three lots in the Abbotts Colony Subdivision. The second mortgage would be repaid to the Town by the homeowner if the home is sold or refinanced.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to negotiate and execute a contract between the Town and the Orange Community Housing Corporation, such contract to include provisions for administering the second mortgage funds to the Corporation's proposal, additional detail on the terms of the second mortgage and resale provisions.

This the 27th day of March, 1995.

Public Arts Commission

Council Member Chilton stated that he did not feel that there was a problem with respect to the two questions raised by this report. Council Member Chilton suggested the word "mural" be changed to "work of art" and the word "murals" be changed to "works of art".

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION R-12 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION REQUESTING THE CHAPEL HILL PUBLIC ARTS COMMISSION TO MAKE RECOMMENDATIONS TO THE TOWN COUNCIL REGARDING OUTDOOR WORKS OF ART IN CHAPEL HILL (95-3-27/R-12)

WHEREAS, the Chapel Hill downtown includes a number of outdoor works of art; and

WHEREAS, it is likely that more works of art will be painted; and

WHEREAS, a citizen has raised the question of whether the Town should have a policy regarding such outdoor works of art;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Arts Commission is requested to make recommendations to the Council by next fall on the following questions:

1. What is an outdoor work of art and what distinguishes it from outdoor advertising?

2. Should the Town have a policy regarding outdoor works of art? If so, what should that policy be?

This the 27th day of March, 1995.

The meeting concluded at 11:45 p.m.