MINUTES OF A REGULAR MEETING HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MAY 8, 1995

Mayor Broun called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Housing Director Tina Vaughn, Parks and Recreation Director Mike Loveman, Long Range Planning Coordinator Chris Berndt and Public Works Director Bruce Heflin.

Item 3 Petitions

The Fountains

Josh Gurlitz asked the Council to expedite a request by the proposed Fountains development to extend the construction time limits for this project. Mr. Gurlitz said he felt the request was reasonable since the proposed changes were minor, the project had been popular when first reviewed and the project had fulfilled its other special use permit conditions. Mr. Horton noted that Mr. Gurlitz was asking the Council to place this item on the Council's agenda for a June 19th public hearing.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 0.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC HEARING TO MODIFY THE FOUNTAINS' SPECIAL USE PERMIT (95-5-8/R-0.1)

WHEREAS, the Chapel Hill Town Council approved a Special Use Permit on June 12, 1989 for a mixed-use development on Rosemary Street called "The Fountains"; and

WHEREAS, the developer of the Fountains, The West End Partnership, has requested modifications of the approved Special Use Permit that would allow construction activity to be resumed; and

WHEREAS, timing is critical to the current effort to restart construction activity on the Rosemary Street site; and

WHEREAS, the nature of the proposed modification is modest in nature and not likely to require extensive evaluation or review time; and

WHEREAS, the Council finds there to be a public interest in the restarting and completion of this project;

NOW, THEREFORE, BE IT RESOLVED that the Council directs the Town Manager to place the request for modification on the Public Hearing calendar for June 19, 1995, with a request for recommendation going before the Chapel Hill Planning Board on June 2.

BE IT FURTHER RESOLVED that the Council expresses its intent that no other currently scheduled project be delayed from placement on the June Public Hearing by virtue of this addition.

This the 8th day of May, 1995.

Council Member Chilton noted that he had seconded the motion due to the special nature of this project.

Blue Cross/Blue Shield Temporary Parking Lot

Phil Post, representing Blue Cross/Blue Shield of North Carolina,

asked the Council to approve a temporary parking lot for 306 vehicles at the Pizer building in the Eastowne area. He stated that the temporary parking lot would be needed for period of three years or less, once construction of a new parking deck facility was completed.

Ken Otis, Chief Executive Officer of Blue Cross/Blue Shield of North Carolina, urged the Council to approve the request on the basis of safety and security concerns for Blue Cross/Blue Shield employees.

Council Member Capowski asked whether Blue Cross/Blue Shield might request that the temporary lot be made permanent when and if the parking deck were completed in the future. Mr. Otis said there would be a limit on the time that the property could be used as a temporary parking lot.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Deferral on Northwest Small Area Plan

Mayor Broun noted that he had received a request from Carrboro Mayor Kinnaird on behalf of the Carrboro Board of Alderman to defer consideration of the northwest small area plan until after the Alderman's May 23rd Board meeting.

Council Member Evans noted that she had received a letter from Orange County Commissioner Alice Gordon concerning communications with the County Commissioners about the Greene tract.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DEFERRING CONSIDERATION OF THE PROPOSED SMALL AREA PLAN FOR NORTHWEST CHAPEL HILL TO JUNE 12, 1995 (95-5-8/R-1)

BE IT RESOLVED that the Town Council concurs with the Town of Carrboro's request to defer consideration of the proposed Northwest Small Area Plan. The Council intends to consider the proposed small area plan no earlier than June 12, 1995.

This the 8th day of May, 1995.

Board of Adjustment Membership

Council Member Powell said more board members were needed as a pool to increase the chances of attaining a quorum for meetings.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE BOARD'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Procedures for Handling East Entranceway/Meadowmont

Noting the complex and long-term ramifications of the matter, Mayor Broun suggested that the Council only discuss process-related items relative to the East Entranceway matter this evening. He noted that the Council would receive public comment on the NC 54 corridor plan and the Meadowmont development proposal at the May 15th meeting. Council Members Brown and Chilton concurred that it would be a good idea to proceed in this manner. Council Member Protzman said he favored dealing with the matter this evening. Council Member Capowski said he did not favor taking action on the same evening as a public hearing.

Council Member Waldorf suggested that the Council hold a work session this evening, with a public hearing on May 15th and possible action on proposed amendment to the Comprehensive Plan taking place on May 22nd.

Council Member Brown inquired about the proposed time frame for the project. Mr. Horton said this evening's agenda included a possible amendment to the Comprehensive Plan for the east entranceway corridor. He stated that public hearings on the entranceway corridor amendment as well Meadowmont's rezoning and master land use plan requests were scheduled for the Council's May 15th meeting. He estimated that given the complexity of issues involved, it might not be possible for staff to prepare a follow-up report on the Meadowmont proposal until June 26th, at the earliest.

Council Member Chilton said another way to proceed this evening would be for citizens to address only the proposed East Entranceway plan and not the Meadowmont development proposal.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO HOLD A WORK SESSION ON THE EAST ENTRANCEWAY PROPOSAL THIS EVENING AND HOLD HEARINGS ON THE EAST ENTRANCEWAY AND MEADOWMONT MATTERS ON MAY 15TH.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO AMEND THE MOTION SO THAT THERE WOULD BE A PUBLIC HEARING ON THE MEADOWMONT DEVELOPMENT PROPOSAL AFTER A FINAL DECISION WAS REACHED ON THE EAST ENTRANCEWAY COMPREHENSIVE PLAN AMENDMENT.

Council Member Waldorf inquired about the Council's standing if no action had been taken on the possible Comprehensive Plan amendment prior to acting on the Meadowmont development proposal. Mr. Horton said the Council could choose to propose an amendment to the Comprehensive Plan concerning possible rezoning of the area. He also said it would be possible for the Council to evaluate a development application in light of a proposed rezoning and a proposed amendment to the Comprehensive Plan. He noted that neither of these processes was the Council's customary procedure.

THE AMENDMENT TO THE MAIN MOTION WAS PASSED BY A VOTE OF 6-3, WITH MAYOR BROUN AND COUNCIL MEMBERS PAVÃO AND PROTZMAN VOTING NO.

THE MAIN MOTION, AS AMENDED, WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS CHILTON, PAVÃO AND PROTZMAN VOTING NO.

Designation of Orange County Liaison to UNC-Chapel Hill Panel

Mayor Broun noted that he had received a letter from Orange County Commission Chair Moses Carey, requesting that the Council appoint Commissioner Alice Gordon as Orange County's liaison to the UNC-Chapel Hill Planning Panel.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO APPOINT ALICE GORDON AS ORANGE COUNTY'S LIAISON TO THE UNC-CHAPEL HILL PLANNING PANEL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 4.1 Consent Agenda

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 2, ADOPTING THE CONSENT AGENDA, AS PRESENTED.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (95-5-8/R-2)

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

a. Street resurfacing bid award (R-3).

b. Contract for water quality monitoring (R-4a and b).

c. Arrangements for sidewalk dining (O-1).

d. Second reading of cable television franchise extension.

e. Budget ordinance amendment for a transportation capital and planning grant (O-1.1).

f. Selection of an auditor (R-6).

g. Proposed revision to the 1994-95 operating budget for the public housing program (R-6.1)

This the 8th day of May, 1995.

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING AND PAVING OF STREETS (95-5-8/R-3)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in the Chapel Hill News on April 16, 1995, in accordance with G.S. 143-129 for the resurfacing and paving of streets; and

WHEREAS, the following bids were received, opened and publicly read on May 2, 1995:

Bituminous

Vendor I-2 Asphalt Concrete Binder Total

Riley Paving $238,680.04 $2,000 $ 11,760.00 $252,440.00

Blythe Const. 264,537.73 5,000 14,523.60 284,060.60

Lee Paving 274,800.00 2,500 15,120.00 292,420.00

Nello Teer 288,750.00 4,000 16,170.00 308,920.00

C. C. Mangum 390,150.00 4,000 21,000.00 415,150.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the May 2, 1995 bid of Riley Paving, Inc., for street resurfacing and paving in the amount of $31.20 per ton for I-2 asphalt received in response to the Town's request for bids published on April 16, 1995, and opened on May 2, 1995, in accord with G.S. 143-129.

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with Riley Paving, Inc., in the amount of $236,440 and to initiate and sign change orders to the contract, provided that the contracted cost of resurfacing shall remain within the budgeted amount of $220,000 and the contracted cost of paving shall remain within the budgeted amount of $35,000..

This the 8th day of May, 1995.

A RESOLUTION REGARDING EXTENSION OF THE SUPPLEMENTAL WATER QUALITY MONITORING PROGRAM OF THE TRIANGLE J COUNCIL OF GOVERNMENTS (95-5-8/R-4a)

WHEREAS, the Orange Water and Sewer Authority has actively participated in the Steering Committee for, and has paid the annual local cost share for, a water quality monitoring program through the Triangle J Council of Governments since 1988; and

WHEREAS, the Authority has expertise which the Town does not have in this subject;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to execute on behalf of the Town an amendment to the interlocal agreement concerning supplemental water quality monitoring as proposed by the Triangle J Council of Governments to extend the present agreement for four years.

BE IT FURTHER RESOLVED that the Council supports full participation by the Authority in the water quality monitoring program as a party to the agreement regarding the water quality monitoring program if the Town of Carrboro and Authority concur; upon such concurrence, the Town would no longer be a party to the said agreement.

This the 8th day of May, 1995.

A RESOLUTION REGARDING FUNDING AND REPRESENTATION ON A STEERING COMMITTEE FOR A REGIONAL SUPPLEMENTAL WATER QUALITY MONITORING PROGRAM (95-5-8/R-4b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to enter into an agreement with the Town of Carrboro and the Orange Water and Sewer Authority concerning funding of the local southern Orange County cost share for a supplemental water quality monitoring program and representation on the steering committee for the program.

BE IT FURTHER RESOLVED that if the Town of Carrboro and Authority concur with participation by the Authority as a party to the water quality monitoring agreement with Triangle J Council of Governments, the Council would propose that the separate agreement among the Towns of Chapel Hill and Carrboro and the Authority would no longer be necessary.

This the 8th day of May, 1995.

AN ORDINANCE AMENDING THE CHAPEL HILL CODE OF ORDINANCES TO MODIFY THE SIDEWALK DINING PROVISIONS (95-5-8/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows: Section I. Article VI of Chapter 17 of the Code of Ordinances is hereby amended to read as follows:

"ARTICLE VI. SALE OF MERCHANDISE ON

SIDEWALKS, PUBLIC STREETS

Section 17-76. Legislative findings.

The Council hereby finds that:

(a) Increasing the vitality of the Town Center-1 and -2 zoning districts is in the best interest of the citizens of the Town of Chapel Hill and the public health, safety and welfare;

(b) The Town Center-1 and -2 zoning districts are in need of special efforts to enhance their vitality; and such efforts will promote the public health, safety and welfare;

(c) Permitting limited sales of food and non-alcoholic beverages by businesses adjacent to public sidewalks in the Town Center-1 and -2 zoning districts will enhance the vitality of the downtown area of Chapel Hill and the health, safety and welfare of the citizens of the Town.

Section 17-77. General prohibition; exceptions.

Except as otherwise provided in this article, it shall be unlawful for any person to display, by arranging or placing or carrying upon any public street or sidewalk or by placing or upon any tree, post, table, or other structure or vehicle situated upon the public right-of-way of any street or sidewalk within the town for the purposes of sale or barter or for any person to sell, rent, offer for sale, or barter any goods, wares, merchandise or commercial products of any kind on any public street or sidewalk within the Town.

Section 17-78. Charitable Sales.

Civic organizations or other groups engaged in charitable or fund-raising drives for community service may apply directly to the town manager for a temporary permit to display, sell, rent, offer for sale, or barter any goods, wares, merchandise or commercial products of any kind on the public streets and sidewalks of the town.

Section 17-79 through 17-81. Reserved.

Section 17-82. Selling adjacent to intersections.

No selling done pursuant to a permit issued under this article shall be permitted within fifty (50) feet of the right-of-way at any intersection.

Section 17-83. Display on sidewalk permitted.

The holder of a temporary permit under this article may display articles for sale on the sidewalk in such a manner as not to block any cross walk or impede the orderly flow of pedestrian traffic on any sidewalk or public street.

Section 17-84. Reserved.

Section 17-85. Application of article to sale of article on University of North Carolina property, sale of newspapers, magazines and food certain farm products.

The provisions of this article shall not apply to the sale of any article on private property or on the property of the University of North Carolina, nor to the sale of newspapers and magazines, nor to farm products exempted under North Carolina General Statute 105-53 (c), provided such sales do not interfere with or impede the orderly and safe flow of pedestrian or automotive traffic.

Section 17-86. General requirements for exceptions to this article.

Sale and offering for sale of food shall be subject to the following requirements:

(a) The sale of food under this article shall be limited to the further restrictions in this article.

Businesses Owners of property with street frontage in the Town Center-1 and -2 zoning districts may use the sidewalk area in front of their business, or in front of an adjacent property, with the concurrence of the affected property owners, and with the permission of the Town Manager. The Town Manager shall determine where sales are permissible on the basis of whether room is available in front of each business to permit at least six feet of clear passage for pedestrians and all other restrictions of this article in addition to the space used for sales. This minimum clear passage width may be increased if the Town Manager determines it necessary in specific locations to provide adequate and safe pedestrian flow.

(b) Sales permitted under this article shall be within the Town Center -1 and-2 districts as defined in the Chapel Hill Development Ordinance and Zoning Atlas.

(c) Chairs and tables and related barriers, approved by the Town Manager, may be placed on the sidewalk; these tables and chairs and related barriers shall have a maximum height of 4 feet and shall have a maximum length of 5 feet and a maximum width of 3 feet.

(d) Activities authorized under this article shall comply with all applicable laws, ordinances and regulations, including but not limited to those pertaining to noise control, health, fire protection, litter control, business licenses, zoning, signs, and traffic safety.

(e) Activities permissible under this article shall not interfere with or impede the safe and orderly flow of pedestrian and vehicular traffic; shall leave clear for pedestrian traffic a continuous area of paved sidewalk at least 6 feet wide, or at least 6 feet of width of normally travelled area if there is no paved sidewalk; and shall leave clear for access purposes an area at least 3 feet wide next to the curb or edge of public streets where parking or standing of vehicles is permitted.

(f) Sidewalk sales under this article shall not be conducted:

(1) within 10 feet of a fire hydrant, driveway, alley used by vehicles, or of a parking space for handicapped people.

(2) in any manner which damages or endangers any tree or shrub; within the area of a tree grate, fence or other protective device; or in the area of the roots of a tree or shrub if such area is unpaved, and/or within 10 feet of the base of the tree or within 3 feet of the base of the shrub.

(3) in intersection or bus stop areas pursuant to Section 17-82.

(g) The chairs and tables and any related barriers placed on the sidewalk must be removed by midnight and may not be placed on the sidewalk prior to 7:00 8:00 a.m. The chairs and tables and any related barriers must be removed in inclement weather.

Section 17-87. Variances Permitted.

Where the manager determines that strict compliance with any dimensional regulations (including those related to the size of furniture) of this Article would preclude use of the sidewalk for sidewalk sales otherwise permitted and further determines that a variance from the strict dimensional requirements would not in a specific case substantially interfere with the public's use of the sidewalk or the rights of adjoining property owners, the manager may grant variances of up to 20 percent of any dimensional regulation.

Section 17-88. Sidewalk sales by downtown businesses.

A business in the Town Center -1 and -2 zoning districts which (a) occupies building space at street level and (b) immediately fronts on and shares a common boundary with a public sidewalk, or is separated from such sidewalk only by landscaped areas, may, upon receipt of a permit from the Town, sell food on the portion of the sidewalk directly in front of and nearest each business's respective space within the building or in front of an adjacent property with the concurrence of that property owner subject to the following:

(a) if two or more businesses with street level frontage occupy the same property, each shall be limited to the portion of the sidewalk directly in front of and nearest each business's respective space within the building or in front of an adjacent property with the concurrence of that property owner.

(b) Use of the public sidewalk area under this section shall not obstruct the entrances or exits of any building, and shall not interfere with or impede the safe and orderly flow of pedestrian traffic.

(c) The business shall be responsible for keeping the area of its sidewalk sales in clean condition.

(d) A business permitted to sell under this section may only sell food and non-alcoholic beverages and may not assign or delegate its space or authority under this section to other persons.

(e) A business which vacates a building location shall not use the public sidewalk in front of such location.

(f) A business which occupies no building space at the street level shall not conduct sidewalk sales under this section.

(g) Before conducting sidewalk sales under this section, the business shall agree to indemnify the Town from any damages or claims and shall provide evidence of a general liability insurance policy, which policy names the Town as an additional insured, with minimum liability coverage of $100,000 per person bodily injury; $300,000 per occurrence bodily injury and $25,000 per person occurrence property damage.

(h) The Town Manager reserves the right to revoke the permit to place tables and chairs and related barriers on the public right-of-way, if any conditions of approval are not met, and to temporarily suspend permits during times of special events in the downtown area.

Section 17-89. Reserved

Section 17-90. Application requirements and procedures.

The Town Manager may prescribe application requirements and procedures. "

SECTION II

This ordinance shall be effective May 8, 1995.

This the 8th day of May, 1995.

AN ORDINANCE TEMPORARILY EXTENDING THE CABLE TELEVISION FRANCHISE (95-4-24/O-1)

BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby approves an extension to January 31, 1996 in the term of the cable television franchise ordinance, as amended, which franchise was originally granted to Village Cable, Inc. on November 19, 1979, and which franchise is now held by Time Warner Entertainment-Advanced/Newhouse Partnership ("TWE-A/N"); provided:

1. that this franchise extension shall not alter TWE-A/N's or the Town's procedural rights under federal law on consideration of cable television franchise renewal;

2. that this extension shall be subject to written acceptance by an authorized representative of TWE-A/N; and

3. that this franchise extension shall not be construed as altering any other term or condition of the franchise.

This the 24th day of April, 1995. (First reading)

This the 8th day of May, 1995. (Second reading)

AN ORDINANCE TO AMEND GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (95‑5‑8/O-1.1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended as follows:

SECTION I

The Section 9 project authorized is from 1995 federal funds from agreements with the Federal Transit Administration.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration within the funds appropriated herein.

SECTION III

Revenues for the project are hereby amended as follows:

Section 9 Current Revised

Budget Increase Budget

Federal Transit

Administration (FTA) $290,312 $47,200 $337,512

N.C. Department of

Transportation (NCDOT) 36,289 5,900 42,189

Town of Chapel Hill

(local match) 36,289 5,900 42,189

________ _______ ________

TOTAL $362,890 $59,000 $421,890

________ _______ ________

SECTION IV

Appropriations for the project are hereby amended as follows:

Current Revised

Budget Increase Budget

Section 9 Planning Funds $ 82,690 -- $ 82,690

Section 9 Capital Funds $280,200 $59,000 $339,000

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 8th day of May, 1995.

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH MCGLADREY & PULLEN, LLP TO CONDUCT THE TOWN'S 1994-95 AUDIT (95-5-8/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign a contract to conduct the Town's 1994-95 audit with McGladrey & Pullen, LLP for $29,180. Be it further resolved, that the Town Council proposes to offer this firm an opportunity to renew the contract for each of the following fiscal four years based upon satisfactory performance each year and annual renegotiation of the contract.

This the 8th day of May, 1995.

A RESOLUTION APPROVING REVISION NO. 1 TO THE OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1994 THROUGH JUNE 30, 1995 FOR PROJECT NO (S) 46-1, 2, 3, 4, 5, 6, 7, 9 (95-5-8/R-6.1)

WHEREAS, the Manager has submitted a budget for fiscal year ending June 30, 1995; and

WHEREAS, the Council has determined that the proposed expenditures are necessary in the efficient and economical operations of the Housing Authority for the purpose of serving low-income families; and

WHEREAS, the budget indicates a source of funding adequate to cover all proposed expenditures; and

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

WHEREAS, the Council hereby certifies that the Town's Authority is in compliance with the provisions of Section 207 (a) of the Consolidated Annual Contributions Contract in that the Town's Authority shall at least once a year reexamine the income of the families living in the project(s); and

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization; and

WHEREAS, pursuant to Section 307, Part II of the Consolidated Annul Contributions Contracts, the Town's Authority hereby certifies that all administrative salaries are comparable to local practice, based on a comparability study dated January 1989 which is on file for HUD review; and that all JOB allocations are no greater than 100% for each employee.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves Revision No. 1 to the operating budget for the fiscal year ending June 30, 1995.

This the 8th day of May, 1995.

Item 4.2 Information Reports

Council Member Brown inquired about the possibility of discussing street maintenance and the use of Powell Bill funds. Mayor Broun suggested that the Council discuss this matter in greater detail at the end of the meeting.

Council Member Capowski thanked the Manager for the staff's report on roadway and bicycle safety concerns.

Item 5 Appointments & Nominations

Housing & Community Development Advisory Board

BLANCHE ALSTON AND MYONGHEE JANG WERE APPOINTED TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD. CHARLIE ZIMMERLI WAS REAPPOINTED TO THE BOARD. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Personnel Appeals Committee

RICHARD LEE WAS REAPPOINTED TO THE PERSONNEL APPEALS COMMITTEE. THOMAS ROSE WAS ALSO APPOINTED TO THE PERSONNEL APPEALS COMMITTEE. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Human Services Advisory Board

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE HUMAN SERVICES ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Board of Adjustment

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE BOARD OF ADJUSTMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Parks and Recreation Commission

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Transportation Board

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 6 Work Session on East Entranceway Corridor

Mr. Waldon presented an overview of the report before the Council this evening.

Mayor Broun asked whether any kind of mixed-use development could be approved along the NC 54 corridor if the Council did not adopt any changes in the Town's Comprehensive Plan for this area. Mr. Waldon stated that this would be extremely difficult, because any mixed-use proposal would have to conform with objectives of the Comprehensive Plan. Mr. Horton added that if the Council chose to retain rezoning in its present form, a denial recommendation would be brought to the Council for anything other than development.

Council Member Brown asked whether it was correct that the Comprehensive Plan was a non-binding document. Mr. Waldon said although it was non-binding, it was nonetheless a very important document. Mr. Horton stated that the Council could consider a zoning change within the context of the Comprehensive Plan. Council Member Brown inquired how proposed language concerning meadow lands would impact existing language in the Comprehensive Plan. Mr. Waldon noted that the meadow land along the NC 54 corridor referenced in the Comprehensive Plan was largely non-existent. He added that the proposed entranceway plan would adjust the previous document, rather than negate it.

Council Member Protzman said he supported mixed-use in the area, rather than completely residential uses.

Council Member Capowski asked how much commercial activity would be required to service residents of the proposed development. Mr. Waldon said he could not answer this question due to the preliminary nature of proposed developments along the corridor.

Mr. Horton added that staff did not have the tools or capacity to generate meaningful data in response to this question.

Council Member Capowski said he would like a better definition of balanced mixed-use.

Council Member Waldorf inquired how the entranceway could be preserved in terms of maintaining vistas. Mr. Waldon said the best method would be for the Town to own the property in question. He noted that in a regulatory context, two kinds of applications could be submitted, development of land as a subdivision or development of land through a special use permit approval process. Council Member Waldorf said the Council needed to consider possible mixed uses for property along the entranceway. She stated that a lot of public goods such as school sites, park land and other facilities could be attained if the property were not developed under R-1 zoning.

Council Member Brown said the Council could not dismiss all elements of the Comprehensive Plan. Council Member Brown also said she proposed to put forth the concept of mixed-use development tied to the concept of sustainability. She stated that it was important for the Council to look at what was good in the Comprehensive Plan and what tools could be used to attain specific community needs.

Council Member Chilton said some infrastructure goals in the plan needed to be clarified. He also said connecting roads to Pinehurst Drive indirectly through a grid pattern would be unfair since these roadways were not initially designed in this manner. Council Member Chilton suggested that the Council consider deleting this item from the proposal. He also said it would be appropriate to develop an internal transportation network grid pattern for future development in the area, rather than emphasizing cul-de-sacs. Council Member Chilton said he believed that it would be preferable to provide a level of retail service designed to serve residents within the east entranceway portion of the Town. He suggested that existing language be amended to read "a level of retail designed to serve the East Entranceway neighborhoods of Chapel Hill and a commensurate level of office space." Referencing the category of supportive transit facilities, Council Member Chilton suggested deleting the words "consideration of".

Concerning the development of a "pedestrian-friendly" environment, Council Member Chilton suggested amending existing language to read, "development that is pedestrian friendly in its site arrangement, scale and relationship to other land uses in the area". Council Member Chilton also said he believed the section concerning affordable housing was weak and should be reworded. Citing the section on incentives for higher density development, Council Member Chilton said he was not certain whether this was intended for the entire site or portions of the site. He suggested that the Council discuss this matter in greater detail. Finally, Council Member Chilton suggested adding the word "plan" at the end of the section on the restoration and enhancement of natural pastoral landscapes.

Council Member Brown said she felt it was important to develop a framework for an integrated agreement concerning possible changes to language in the entranceway report.

Mayor Broun inquired about the Council's scope in developing specific guidelines for the east entranceway in the Comprehensive Plan. Mr. Horton said it was within the Council's purview to develop a plan which reflected both key ideas and related underlying elements.

Mayor Broun inquired whether there were any advantages to developing a brief definition for the concept of mixed use. Mr. Horton stated that more detailed definitions for terms such as "mixed-use" might pose greater challenges to the Council in the future.

Noting the importance of interrelations between communities and neighborhoods, Council Member Evans suggested that the Council consider having several roadway connections, rather than one.

Council Member Evans also said it was important that NC 54 should not be a divider of properties or communities, especially for pedestrians. She stated that it was very important to preserve vistas along the NC 54 east entranceway corridor. Council Member Evans said she strongly supported mixed-use and the preservation of greenways and open space in the area. She suggested that the Council use the East Entranceway Task Force report as a starting point for its discussions about the east entranceway.

Council Member Protzman suggested incorporating Council Member Brown's proposed resolution into the Task Force's document, deleting specifics such as roadway connections.

Council Member Waldorf said although she appreciated Council Member Protzman's comments, she felt the Council should carefully examine the language being offered by the Task Force and by Council Member Brown. Council Member Waldorf said she believed that the matter of density should be addressed in greater detail, with emphasis being placed on cluster development and open space.

Council Member Brown said it was important to directly address density matters. She also said it was very important to address specific language and the meaning of key words and concepts. Council Member Brown requested that additional information be provided concerning connector road options.

Expressing his concurrence with Council Member Brown's proposed resolution, Council Member Capowski said he was confident that balanced mixed-use would be developed for the site.

Mayor Broun said he also agreed in general with Council Member Brown's proposed resolution. He suggested concentrating on generalized statements and principles as a starting point for discussions.

Council Member Protzman stated that the East Entranceway Task Force had presented a very good plan which merited serious consideration and discussion.

Council Member Capowski said it was important for the Council to outline specifics about preferred development intensities. He suggested that staff begin preliminary work on developing new zoning categories for mixed-use developments.

Mayor Broun noted that the Council had a number of zoning options, possibly ranging from something less than R-1 up to R-5-C zoning for mixed-use type developments

Council Member Capowski inquired whether the Council could choose to limit a specific development to a certain number of dwelling units or a specific total amount of commercial square footage. Mr. Karpinos said yes.

Council Member Brown said if the Council chose to fold her resolution into the Task Force's report, great care should be taken not to develop subjective language, subject to broad interpretation. Council Member Brown said she believed it was possible that the Task Force did not have sufficient time to fine-tune its proposed language. Mr. Horton said staff would make its best effort in this regard. Mayor thanked the staff for doing an excellent job of handling a complex issue.

Item 7 HUD Grants

Housing Director Tina Vaughn presented an overview of the HUD grant items before the Council this evening.

Council Member Pavão said he did not think it was a good idea to employ grounds workers to pick up litter in public housing communities since there were existing Public Works crews which could handle this activity. He stated that these funds could be used for other projects. Assistant Town Manager Florentine Miller stated that employing public housing residents to handle various activities provided residents with a general feeling of empowerment. Council Member Powell expressed her concurrence with Ms. Miller's observation. She suggested that additional employment opportunities and training for residents in their communities should also be considered.

Council Member Powell inquired why the cost of youth activities was included in the resident training expense category. Ms. Vaughn stated that $42,000 of available drug elimination grant funds could be used for a variety of activities, including those suggested by the Public Housing Residents Council. Council Member Powell inquired about available funding sources for youth activities. Ms. Vaughn said funds came from the HUD Drug Elimination Grant, the public housing operating budget and other sources.

Council Member Protzman commented that he would be more comfortable using funds for items such as renovations, rather than for administrative-type costs. Ms. Miller noted that a portion of grant funds were customarily earmarked for "soft" costs such as administrative activities. Ms. Vaughn added that HUD encouraged the use of funds for specific activities other than facility renovations.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN ANNUAL STATEMENT FOR A COMPREHENSIVE GRANT PLAN FOR 1995-96 (95-5-8/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit a Comprehensive Grant Plan Annual Statement, as described in the Manager's memorandum to the Council dated May 8, 1995, to the U.S. Department of Housing and Urban Development (HUD), including compliance with all HUD policies, procedures, and regulations required therein, for a program of $544,506 in Comprehensive Grant Program funds.

BE IT FURTHER RESOLVED that the Manger is hereby designated as the authorized representative of the Town to act in connection with submittal of an Annual Statement and to provide such additional information as may be required.

This the 8th day of May, 1995

Long-range Planning Coordinator Chris Berndt presented an overview of the Community Development program, HOME grant application and the Consolidated Plan items before the Council this evening.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ADOPT RESOLUTION 9.

Council Member Evans said she was glad that CDBG funds were being used for a number of good programs.

RESOLUTION 9 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE 1995-96 COMMUNITY DEVELOPMENT PLAN (95-5-8/R-9)

WHEREAS, the Council of the Town of Chapel Hill has held two public hearings to receive citizens comments on the use of $468,000 of federal Community Development Block Grant funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following activities to spend $468,000 of Community Development Block Grant funds:

Activity Amount

1. Neighborhood Revitalization $ 60,000

2. Rehabilitation of Public Housing $300,000

3. Economic Development $ 40,000

4. General Administration $ 68,000

TOTAL $468,000

BE IT FURTHER RESOLVED that the Council authorizes this plan to be incorporated into the Consolidated Plan developed with Orange County, Carrboro and Hillsborough for submission to the U. S. Department of Housing and Urban Development.

This the 8th day of May, 1995.

Ms. Berndt noted that no changes were proposed to the HOME grant program, other than the local matching of funds. She noted that staff was proposing to handle this matter separately.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 10.

Council Member Capowski inquired about the genesis of the Housing Loan Trust Fund. Ms. Berndt stated that this fund had been established by the Council (Board of Aldermen) during the 1970's, with seed money coming from the Federal general revenue sharing funds. She added that the Fund had grown over the years through the sale of homes in the Tandler and Culbreth Park developments.

RESOLUTION 10 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE ACTIVITIES OF THE 1995-96 HOME INVESTMENT PARTNERSHIP ACT PROGRAM (95-5-8/R-10)

WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive citizens comments and proposals regarding the use of $612,500 of federal HOME funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following activities to be carried out by the members of the Orange County HOME Consortium:

Activity Amount

1. Rehabilitation of owner and renter

occupied homes $350,000

2. New Construction $ 50,000

3. Acquisition $162,500

4. Grant Administration - Orange County $ 50,000

$612,500

BE IT FURTHER RESOLVED that the Council authorizes this plan to be incorporated into the Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submission to the U. S. Department of Housing and Urban Development.

This the 8th day of May, 1995.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 10.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE SUBMISSION OF A 1995-96 CONSOLIDATED PLAN (95-5-8-\R-10.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to submit to the U.S. Department of Housing and Urban Development a Consolidated Plan for the 1995-96 Community Development Program and the 1995-96 HOME Program; including all understandings, assurances, and certifications required therein, for a program of $468,000 of Community Development Block Grant funds and $612,500 of HOME funds.

BE IT FURTHER RESOLVED that the Manger is hereby designated as the authorized representative of the Town to act in connection with submission of a Consolidated Plan and to provide such additional information as may be required.

This the 8th day of May, 1995.

Item 8 Shaping Orange County's Future

Mayor Broun inquired whether adoption of the proposed resolution would authorize staff to initiate negotiations with Orange County. Mr. Horton said this was correct.

Council Member Capowski inquired whether the Town of Hillsborough was contributing funds to the program. Council Member Brown noted that the Orange County Commissioners had agreed to fund Hillsborough's portion of anticipated program costs. Noting that the Town was located in Orange County, Council Member Capowski inquired why Town residents should pay a portion of the Town of Hillsborough's participation costs. He inquired whether this amount to double taxation. Mr. Horton stated that this was how similar matters of this type had been traditionally handled. Council Member Brown said some negotiation could possibly occur on this point.

Council Member Chilton inquired whether the Council might be asked for additional funding for the Shaping Orange County's Future program at a later date. Mr. Horton said this was unlikely. He noted the importance of initiating the negotiating and planning processes as soon as possible.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 11A. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS PAVÃO AND PROTZMAN VOTING NO.

A RESOLUTION REGARDING A PROCESS FOR SHAPING ORANGE COUNTY'S FUTURE (95-5-8/R-11a)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council approves the proposal submitted to the Council on May 8, 1995, by the Town Managers of Carrboro and Chapel Hill and the Orange County Manager for Shaping Orange County's Future.

BE IT FURTHER RESOLVED that the Council supports the sales tax formula method for allocating the costs of this project, with an estimated cost to the Town of about $45,000.

This the 8th day of May, 1995.

Item 9 Grace New Testament Church

Persons wishing to testify were sworn by the Town Clerk's designee.

Mr. Waldon presented a proposal overview.

Council Member Capowski inquired whether restriping of Sage Road was proposed. Mr. Waldon said although this matter had not been discussed with NCDOT officials, this could be done, if the Council wished to do so. He added that staff did not recommend restriping Sage Road at this time. Council Member Capowski requested that staff discuss the possibility of restriping Sage Road with NCDOT staff. Council Member Waldorf inquired whether restriping would necessitate the applicant paying additional fees. Mr. Waldon said no.

Mayor Broun said he favored the staff talking to NCDDOT about the possibility of restriping Sage Road.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 12A.

Council Member Protzman said he was not in agreement with the proposed resolution.

RESOLUTION 12A WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE GRACE NEW TESTAMENT CHURCH (SUP 27.B.7C) (95-5-8/R-12a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Grace New Testament Church, on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7C, if developed according to the site plan dated February 17, 1995 and the conditions listed below:

1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations (with the exceptions listed below);

3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a public necessity; and

4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for the United Church of Chapel Hill in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by May 8, 1997 (two years from the date of Council approval) and be completed by May 8, 2005 (ten years from the date of Council approval).

2. That this site shall not be used for child daycare facilities, or elementary or secondary schools, as defined in the Town's Development Ordinance.

3. Combined Parking Requirement: That the applicant demonstrate to the Town Manager that the provisions of Article 14.6.3 regarding combined parking have been met prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to State and Federal Government Approvals

4. State or Federal Approvals: That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

5. Landscape Plan Approval: That a Type C buffer (minimum width 30') be provided along the Coleridge Road frontage; and a Type D buffer (minimum width 30') be provided along the Sage Road frontage.

That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Building Elevations

6. Building Elevations: That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

7. Utility/Lighting Plan Approval: That the final utility and lighting plan be approved by the Orange Water and Sewer Authority, Duke Power, Cablevision, the Public Service Company, Southern Bell, and the Town Manager before issuance of a Zoning Compliance Permit.

8. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

9. Solid Waste Management Plan: That a solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

10. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), landscape plan and landscape maintenance plan and landscape protection plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

11. Erosion Control: That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

12. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on nearby paved roadways.

13. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

14. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for Grace New Testament Church in accordance with the plans and conditions listed above.

This the 8th day of May, 1995.

Item 10 Dobbins Road Office Building

Mr. Waldon presented an overview of the proposal to rezone 1.31 acres on Dobbins Road between Sage and Erwin Roads.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (95-5-8/O-2)

WHEREAS, the Council of the Town of Chapel Hill has considered the application from Mr. Bill Spang to amend the Zoning Atlas to rezone property described below from Residential-4 to Office/Institutional-2-Conditional, and finds that the amendment achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council finds that any approved special use under the Office/Institutional-2-Conditional Use zoning would be suitable for the property proposed for rezoning under the conditions attached to the approved Special Use Permit;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the property identified as Chapel Hill Township Tax Map 27, Block B, Lot 3B (1.31 acres located on the north side of Dobbins Road) be rezoned from Residential-4 to Office/Institutional-2-Conditional zoning.

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 8th day of May, 1995.

Persons wishing to testify were sworn by the Town Clerk's designee.

Mr. Waldon summarized the applicant's request for special use permit approval.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 14A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE DOBBINS ROAD OFFICE BUILDING (SUP-27-B-3B) (95-5-8/R-14a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the office/medical clinic building proposed by Mr. Bill Spang, on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 3B, if developed according to the Site Plan dated February 13, 1995 and the conditions listed below:

1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations;

3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for the Dobbins Road Office Building in accordance with the plan listed above and with the conditions listed below:

Stipulations Specific to the Development

1. A. That construction begin by May 8, 1997 (two years from the date of Council approval) and be completed by May 8, 1998 (three years from the date of Council approval).

B. That a shared-dumpster agreement, to be reviewed and approved by the Town Manager, be recorded in the Orange County Register of Deeds office, and that a copy of the recorded agreement be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

C. That a shared-access agreement or easement for the driveway connection to the Forum One parking lot be submitted for review and approval by the Town Manager and that a copy of the recorded document be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

D. That all proposed walkways and pedestrian connections be built to Town standards for sidewalks.

E. That a bicycle rack be provided near the entrance of the building.

F. That the application demonstrate compliance with the parking regulations of the Development Ordinance.

G. That a Transportation Management Plan be developed, and that the Town Manager review and approve this plan prior to issuance of a Zoning Compliance Permit. The Transportation Management Plan shall include:

a. provision for designation of a Transportation Coordinator for the building;

b. provision for submittal of an annual Transportation Survey and Annual Report to the Town Manager;

c. quantifiable traffic reduction goals and objectives; and

d. provisions for disseminating transit and ridesharing information.

The Transportation Management Plan shall be reviewed on an annual basis by the Town Manager. Upon reviewing the annual report, the Town Manager may suggest changes to the existing programs or may suggest additional programs. The Plan may also be amended to reflect the results of the Town's ongoing study of alternative transportation programs.

2. Required Improvements:

A. That the applicant provide one triple hydrant located adjacent to the northeast driveway entrance at Dobbins Road, the exact location of which shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit

Stipulations Related to State and Federal Government Approvals

3. State or Federal Approval(s): That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

4. NCDOT Approval: That plans for improvements to state-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

5. Landscape Plan Approval: That a detailed landscape plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit. The detailed landscape plan shall comply with the following landscape buffer requirements:

- Type D buffer (minimum 30 feet wide) along the property's Dobbins Road frontage;

- Type C buffers (minimum 20 feet wide) along the property's western and northern boundaries; and

- Type B buffer (minimum 10 feet wide) along the property's eastern boundary.

If the applicant proposes less than the minimum landscape buffer requirements along any property line or portion thereof, then the applicant must submit alternate buffer plans to the Appearance Commission for review and approval prior to issuance of a Zoning Compliance Permit.

6. Parking Lot Landscaping and Shading: That the detailed landscape plan demonstrate compliance with Section 14.6.6 of the Development Ordinance regarding parking lot landscaping and shading by vegetation.

7. Relocation of proposed stormwater detention facility: That the proposed stormwater detention facility be relocated outside the required landscape buffer area.

8. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulation Related to Building Elevations

9. Building Elevation Approval for Special Use Permit applications: That detailed building elevations be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

10. Utility/Lighting Plan Approval: That the final utility plan be approved by the Orange Water and Sewer Authority, the Public Service Company, Duke Power Company, and the Town Manager before issuance of a Zoning Compliance Permit.

11. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

12. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

13. Detailed Plans: That final detailed site plan, grading plan, utility plan, stormwater management plan (with hydraulic calculations), landscape plan and landscape management plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

14. Erosion Control: That a soil erosion and sedimentation control plan be approved by the appropriate State authority, and documentation certifying that approval be submitted to the Town, before issuance of a Zoning Compliance Permit.

15. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

16. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

17. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit for the Dobbins Road Office Building in accordance with the plans and conditions listed above.

This the 8th day of May, 1995.

Item 11 Development Ordinance Text Amendment to Clarify the

Definition of College, University or Professional School

Mr. Horton said the staff had nothing to add from its previous report to the Council.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 3.

Council Member Protzman said he was skeptical of the motives behind the proposal, but not the logic.

Council Member Brown stated that private citizens could not compete with the University if they wished to purchase homes in neighborhoods near the University. She stated that the protection afforded citizens by the proposed text amendment was needed.

Council Member Capowski stated that the Council should maintain control of, and could change zoning at will if the University could convince the Council that the zoning change were appropriate. Mayor Broun said the Council could not change zoning at will.

ORDINANCE 3 WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE TO CLARIFY THAT THE ASSOCIATED PROGRAMS, CENTERS AND FUNCTIONS OF THE UNIVERSITY ARE PART OF THE DEFINITION OF "COLLEGE, UNIVERSITY AND PROFESSIONAL SCHOOL" (95-5-8/O-3)

WHEREAS, the Council of the Town of Chapel Hill has considered the recommendation of the Historic District Commission to clarify the definition of "College, University or Professional School"; and

WHEREAS, the Council of the Town of Chapel Hill, through adoption of the Comprehensive Plan, has established the policy of protecting the character of existing neighborhoods; and

WHEREAS, the Development Ordinance has hitherto been silent on how to define the associated programs, centers and functions of the University; and

WHEREAS, it is necessary to define the associated programs, centers and functions of the University in order that they may be considered in the schedule of uses as their proper use,

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows: ARTICLE 2, Section 2.8 of the Chapel Hill Development Ordinance is hereby amended to read as follows:

College, University, or Professional School: A degree granting establishment, and its associated programs, centers, and functions, providing formal academic education and generally requiring for admission at least a high school diploma or equivalent academic training, including colleges, junior colleges, universities, technical institutes, seminaries, and professional schools (architectural, dental, engineering, law, medical, etc.)

This the 8th day of May, 1995.

Item 12 Setting Hearing on Home Occupations DOTA

Council Member Protzman said he did not like the idea of holding a public hearing which was driven solely by the idea of restricting something which might benefit Town residents in the future. He stated that home occupations should be encouraged by the Town, rather than discouraged. Council Member Protzman said he hoped the Council would hear both sides of the matter at the proposed public

hearing.

Council Member Waldorf said she thought it was a good idea to encourage home occupations. She encouraged the Council to take care not to be overly restrictive in this matter.

Council Member Brown said she looked forward to receiving public comment on both sides of the matter at the public hearing.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF,TO ADOPT RESOLUTION 15.

Mayor Broun said he believed the proposed resolution was sufficiently broad. He urged the Council to attempt to prepare a balanced report concerning the permissibility of home occupations.

RESOLUTION 15 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC HEARING ON AN AMENDMENT TO THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING THE HOME OCCUPATION PROVISIONS (95-5-8/R-15)

WHEREAS, the Town of Chapel Hill Development Ordinance includes provisions for Home Occupations which indicate that a home occupation may be conducted as an accessory use of a dwelling unit in particular situations;

WHEREAS, the Council of the Town of Chapel Hill has received a request from neighbors located in and around South Lakeshore Drive to adjust the definition of Home Occupation;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Wednesday, October 18, 1995 at the Chapel Hill Town Hall for the purpose of hearing citizen comment on amending the Chapel Hill Development Ordinance Home Occupation provisions of Section 2.56.

This the 8th day of May, 1995.

Item 13 Request for Increased Funding of Leisure Services

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 16. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING ORANGE COUNTY FUNDING OF MUNICIPAL LIBRARY AND PARKS AND RECREATION SERVICES TO COUNTY RESIDENTS (95-5-8/R-16)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council:

- Authorizes the Mayor to transmit to the Chair of the Orange County Board of Commissioners a request for County funding in support of the Chapel Hill Public Library's services to County residents.

- Requests that the County funding for the Chapel Hill Public Library increase by at least 45% or $70,000 in 1995-96 in light of increased use of the Library by County residents from outside of the Town of Chapel Hill, and that the County Commissioners take action beginning in 1995-96 and continuing in subsequent years to steadily reduce the difference between the County's per capita funding of Library services for the Chapel Hill area compared to per capita funding which benefits other County areas.

- Requests that the Board of Commissioners increase the allocation of County funds for the Town's recreation services to County residents by at least the County's percentage of increase for overall County recreation services in 1995-96, with the understanding that in future years, the level of County support for municipal recreation services to County residents could be a subject of further discussion.

- Authorizes the Mayor to transmit to the Chair of the Orange County Board of Commissioners a request for County funding in support of the Town's Parks and Recreation services to County residents.

- Authorizes the Library Board of Trustees and the Parks and Recreation Commission, if they so desire, and in consultation with the Mayor, to provide additional comments to the Board of County Commissioners during the County budget deliberations this spring.

- Authorizes the Manager to transmit copies of the Town Council's funding requests to the County Manager and Finance Director.

This the 8th day of May, 1995.

Item 4.2 Discussion of Street Maintenance

Council Member Brown suggested allocating a small amount of Powell Bill funds for street maintenance projects. Council Member Evans expressed her concurrence. She noted that using some of these funds for sidewalk projects would mean that some street paving projects would have to be delayed. Mr. Horton noted that unreasonable delays in street resurfacing projects would result in greater expenses to the Town in the long run.

Mayor Broun said he was concerned that if the Town digressed from its street maintenance cycle even slightly, there might be negative impacts.

Mr. Heflin noted that the Town enjoyed a good street system because it adhered to a strict cycle of resurfacing streets on a twelve-year maintenance cycle. He noted that more frequently-used streets required more frequent resurfacing and maintenance.

Council Member Capowski stated that preventative maintenance was crucial to maintaining good streets. He inquired who was responsible for maintaining streets on the University campus. Mr. Heflin said the Town handled streets which were not State roads, with the NCDOT handling State maintained roadways. Council Member Capowski inquired whether companies with large vehicles which damaged streets were responsible for paying a portion of such damages. Mr. Heflin said any such damage compensation was paid to the State, rather than the Town.

Mr. Horton said it would be useful for the staff to receive Council comment at the next budget work session about how much Powell Bill funding should be allocated for sidewalk projects.

There was no need for a closed session. The meeting concluded at

10:32 p.m.