MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, MAY 13, 1996 AT 7:00 P

MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, MAY 13, 1996 AT 7:00 P.M.

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Richard Franck and Lee Pavão. Council Members Pat Evans and Barbara Powell were absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Fire Chief Dan Jones, Parks and Recreation Director Mike Loveman, Public Works Director Bruce Heflin, Police Chief Ralph Pendergraph and Town Attorney Ralph Karpinos.

Mayor Waldorf said that today had been an unspeakably difficult one and that the Council's hearts went out to the family members of those killed or injured in the UNC fraternity house fire on Sunday morning. She expressed the Council's appreciation for the excellent cooperation provided by the University and emergency service agencies in the area. Mayor Waldorf thanked the Town's police and fire personnel for their assistance in the matter.

Mr. Horton said the Town's fire department personnel had done all they possibly could at the fire scene. He also thanked the University, Carolina Inn, State Bureau of Investigation, Town of Carrboro, Orange County Emergency Management Red Cross and other agencies who had assisted at the fire scene.

Fire Chief Dan Jones said that Town fire personnel had responded within three minutes of the initial fire alarm call at the Phi Gamma Delta fraternity house at 108 West Cameron Avenue. He stated that when firefighters arrived, the house was very heavily involved with fire. Chief Jones stated that three of the house's occupants were able to escape independently and were assisted by bystanders. He stated the firefighters went into a defensive operation when they were advised that there were occupants still in the house. Chief Jones said it took about one hour, using six pieces of fire department apparatus, to bring the fire under control and an additional four hours to put out spot fires. He noted that the condition of the structure made it almost impossible to search the residence. Chief Jones also said that an investigative task force of approximately fifteen investigators was headed up by Assistant Fire Marshall Larry Johnson. He stated that early indications were that the fire's point of origin was in the basement of the house and involved paper and smoking materials. Noting that five persons perished in the fire, Chief Jones stated that two persons in the incident were still hospitalized, while a third victim was treated and released. He commended the University and all other local agencies who had provided assistance at the incident scene.

Item 3 Petitions

Sam Longiotti, owner of the Siena Hotel, said his establishment wished to explore the possibility of a public/private venture for the development of park and parking facilities on the Pritchard Park site, contiguous to the hotel property.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER FOR EVALUATION AND PREPARATION OF A FOLLOW-UP REPORT TO THE COUNCIL. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Bruce Runberg, the University's Associate Vice-Chancellor for Facilities Planning, said the University was submitting a request for expedited review of a proposed executive education center at Meadowmont.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mayor Waldorf noted that item 3c, a petition from the Chesley Homeowners Association, had been removed at the petitioner's request.

Aaron Nelson thanked Mayor Waldorf for her earlier remarks regarding the recent fire-related tragedy at the University. Noting that University students were frustrated by a proposed bus fare and pass increase, Mr. Nelson urged the Council to have students involved in discussions about how to deal with federal subsidy decreases.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE MR. NELSON'S PETITION. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Capowski reported that the cable negotiating team was preparing a report on the cable franchise renewal process for presentation at the Council's May 29th meeting.

Council Member Andresen said she thought it would be appropriate for the Council to reconsider fire sprinkler requirements in the near future. She requested that the Manager bring a proposal back relative to old and new construction.

Mayor Waldorf inquired whether or not it would be possible to seek legislative authority from the General Assembly during the short session. Mr. Horton said he believed that this might be possible. Council Member Capowski suggested that the Council start thinking about a sophisticated way to fund fire protection for the UNC campus.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REQUEST THAT THE MANAGER PREPARE A REPORT TO THE COUNCIL, WITH OPTIONS, REGARDING FIRE SPRINKLER ENABLING LEGISLATION FOR EXISTING STRUCTURES, POSSIBLY USING THE STAFF'S ORIGINAL PROPOSAL. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mr. Horton said the report could be presented at the May 29th meeting.

Item 4.1 Consent Agenda

Council Member Franck requested removal of item g from the consent agenda. Council Member Capowski requested removal of item k.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS G AND K. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(96-5-13/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 April 2, 9, 15 and 17, 1996.

b. Street resurfacing bid award (R-2).

c. Asphaltic concrete and tack coat bid award (R-3).

d. Calling public hearing on request to close portions of two street right-of-way in the Southern Village (R-4).

e. Scheduling sessions on May 31 and June 1 regarding group process and communications (R-5).

f. Budget change for costs of facilitator's assistance to the Home Occupations Committee (O-1).

g. Purchase of post-consumer recycled paper (R-6).

h. Authorizing closing of pedestrian easements in the Tandler North neighborhood (near Legion Road) (R-7 & 8).

i. Renewing for three years the Orange County Housing Consortium agreement regarding federal HOME grants (R-9).

j. Receiving land on Scarlette Drive from Orange County (R-10).

k. Authorizing notice of intent to consider request from Brown and Bunch, PA, to continue leasing the Town's parking lot on the south side of West Rosemary Street between Columbia and Church Streets (R-11).

l. Deleted.

m. Deleted.

n. Posting contact numbers at construction sites under special use permits or major subdivision plats (R-13).

o. Authorizing agreement with North Carolina Department of Transportation for sidewalk construction on part of Pittsboro and McCauley Streets (R-14).

This the 22nd day of April, 1996.

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING OF STREETS

(96-5-13/R-2)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in the Chapel Hill News on April 26, 1996, in accordance with G.S. 143-129 for the resurfacing of streets; and

WHEREAS, the following bids were received, opened and publicly read on May 8, 1996:

Bituminous

Vendor I-2 Asphalt Concrete Total

Lee Paving Company $207,185.00 $1,750.00 $208,935.00

Blythe Industries 244,750.00 5,000.00 249,750.00

Riley Paving 183,150.00 1,750.00 184,900.00

Nello Teer 206,250.50 5,500.00 211,750.50

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the May 8, 1996, bid of Riley Paving Company for street resurfacing in the amount of $184,900 received in response to the Town's request for bids published on April 26, 1996, and opened on May 8, 1996, in accord with G.S. 143-129.

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with Riley Paving Company in the amount of $184,900 and to initiate and sign change orders to the contract, provided that the contracted cost of resurfacing shall remain within the budgeted amount of $187,500.

This the 13th day of May, 1996.

A RESOLUTION AWARDING A CONTRACT FOR ASPHALTIC CONCRETE AND TACK COAT (96-5-13/R-3)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on April 7, 1996, in accordance with G.S. 143-129 for Asphaltic Concrete and Tack Coat for street patching; and

WHEREAS, the following bids have been received and opened on April 30, 1996, at 2:00 p.m.

NELLO

ITEM BLYTHE CONST. CO. LEE PAVING CO. TEER

Asphalt I-2 $25.50/Ton $26.00/Ton $28.50/Ton

Asphalt H-B $25.50/Ton $25.00/Ton $25.75/Ton

Tack Coat $1.25/Gal. $2.00/Gal. $2.00/Gal.

Total $63,075.00 $65.000.00 $70,300.00

WHEREAS, the additional cost to the Town caused by the difference in distance between Blythe Construction Co. and Lee Paving Co. plants and the Nello L. Teer plant are estimated to be approximately $15,682 and $6,415 respectively; and

WHEREAS, the year around availability of hot-mix asphalt is important to the Town's ability to maintain it's system;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Nello L. Teer in the amount stated above in the tabulation.

This the 13th day of May, 1996.

A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF PARTS OF THE MARKET STREET AND KILDAIRE ROAD RIGHTS-OF-WAY (96-5-13/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares its intent to consider closing part of the Market Street and Kildaire Road rights-of-way as shown on Orange County Tax Map # 126, and adjacent to Block E, Lot 1, and Block A, Lot 4, which right-of-way is approximately 12 foot wide, with a total length of approximately 575 feet; and calls a public hearing at 7:00 p.m. Monday, June 17, 1996 in the Council Chamber at Town Hall, 306 N. Columbia Street, Chapel Hill, on the proposed closing of said rights-of-way.

BE IT FURTHER RESOLVED that the Town Manager is hereby directed to arrange publication and mailing of notices of the hearing as required by law.

This the 13th day of May, 1996.

A RESOLUTION SETTING DATES FOR A WORK SESSION (96-5-13/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council will meet from 1:30 to 5 pm on May 31 and from 8:30 am to 3:30 pm on June 1, 1996 in the conference room at the Chapel Hill Public Library for sessions on working as a group and on communications.

This the 13th day of May, 1996.

A RESOLUTION AUTHORIZING THE REDUCTION OF THE PEDESTRIAN AND NON-MOTORIZED VEHICLE EASEMENT ON LOT 10 OF THE TANDLER NORTH SUBDIVISION (96-5-13/R-7)

WHEREAS, closing a portion of the existing pedestrian and non-motorized vehicle easement on lot 10 of the Tandler North subdivision would not be contrary to the public interest, and

WHEREAS, opportunities for pedestrian travel in the Tandler neighborhood would not be restricted by reducing the width of the easement on lots 10 from 100 feet to 25 feet, and

WHEREAS, the reduction of the size of the easement on lot 10 would benefit the residents of that lot,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order permanently closing the northern most 75 foot portion of the existing 100 foot pedestrian and non-motorized vehicle easement on lot 10, as shown on the recorded plat for the Tandler North subdivision, said lot also being shown on Orange County Tax Map 27P; said partial closure shall be shown on a plat to be provided by the owners of the affected lot, approved by the Town Manager Department and recorded with the Orange County Registrar of Deeds.

This the 13th day of May, 1996.

A RESOLUTION AUTHORIZING THE REDUCTION OF THE PEDESTRIAN AND NON-MOTORIZED VEHICLE EASEMENT IN THE TANDLER NORTH SUBDIVISION (96-5-13/R-8)

WHEREAS, closing a portion of the existing pedestrian and non-motorized vehicle easement would not be contrary to the public interest, and

WHEREAS, the portion of the easement located on lots 6 and 9 is unnecessary for current and future pedestrian travel, and

WHEREAS, opportunities for pedestrian travel in the Tandler neighborhood would not be restricted by reducing the width of the easements on lots 12 and 13 from 100 feet to 25 feet, and

WHEREAS, the closing of easements on lots 6 and 9 and the reduction of the size of the easements on lots 12 and 13 would benefit the residents of those lots,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order permanently closing the existing pedestrian and non-motorized vehicle easement on lots 6 and 9 as shown on the recorded plat for the Tandler North subdivision, said lots also being known as lots 8 and 9, Block D; as shown on Orange County Tax Map 27P; said closures shall be shown on a plat to be provided by the owners of the affected lots, approved by the Town Manager and recorded with the Orange County Registrar of Deeds.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order permanently closing the north most 75 foot portion of the existing 100 foot pedestrian and non-motorized vehicle easement on lots 12 and 13, as shown on the recorded plat for the Tandler North subdivision, said lots also being known as lots 12 and 13, Block D; as shown on Orange County Tax Map 27P; said partial closures shall be shown on a plat to be provided by the owners of the affected lots, approved by the Town Manager Department and recorded with the Orange County Registrar of Deeds.

This the 13th day of May, 1996.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH THE ORANGE COUNTY HOME CONSORTIUM (96-5-13/R-9)

WHEREAS, on July 6, 1992, the Council approved the participation of the Town of Chapel Hill in the Orange County HOME Consortium; and

WHEREAS, the Chapel Hill, Carrboro, Hillsborough and Orange County are currently members of the Orange County HOME Consortium established on August 3, 1992; and

WHEREAS, the original Orange County HOME Consortium Agreement expires on June 30, 1996; and

WHEREAS, the Orange County HOME Consortium desires to continue to be considered for eligibility under the federal HOME Program operated by the U.S. Department of Housing and Urban Development as authorized under the HOME Investment Partnership Act;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute the attached HOME Consortium Agreement to continue the Orange County HOME Consortium, subject to approval as to form by the Town Attorney, with the understanding that the parties will discuss achieving a balance between the location of programs requiring local matching funds and the jurisdictions providing such funds, and that the parties consider an amendment to the Agreement to reflect this discussion.

This the 13th day of May, 1996.

A RESOLUTION ACCEPTING TRANSFER OF PROPERTY (96-5-13/R-10)

WHEREAS, the Town of Chapel Hill owns a tract or parcel of land which is Orange County tax parcel 7.27A.B.8. This property is hereafter referred to as the Town owned lot; and

WHEREAS, Orange County owns an adjacent tract or parcel of land located in Chapel Hill, Orange County, North Carolina, off of Henderson Street (aka Scarlette Drive), is Orange County tax parcel 7.27A.B.7 and is more particularly described as follows:

All that certain lot or parcel of land situated, lying and being on the West side of Henderson Street in the Town of Chapel Hill, North Carolina, and known and designated as Lot No. 19 in Block "A" of the University Heights as surveyed by F.M. Carlisle on May 21, 1947, Plot of which is on file in the Office of the Register of Deeds of Orange County in Plot Book 4, at Page 17, and more particularly described as BEGINNING at a stake in the West property line of the said street, the Southeast corner of Lot No. 18; running thence with the line of the said Lot South 68^° 37' West 274.3 feet to a stake; running thence South 19^° 09' East 25 feet to a stake, the Northwest corner of Lot No. 20; running thence with the line of the said Lot North 69^° 37' East 275.7 feet to a stake in the West property line of Henderson Street; running thence along the West property line of said Street North 21^° 23' West 25 feet to the BEGINNING.

This property is hereafter referred to as the County owned lot, and is adjacent to the Town owned lot; and

WHEREAS, the Town of Chapel Hill wishes to acquire the County owned lot to join with the Town owned lot so the Town owned lot may be developed for use in an affordable housing demonstration project which will involve the building of small starter homes on the combined parcel; and

WHEREAS, the development of affordable housing is a benefit to the people of Chapel Hill and Orange County; and

WHEREAS, Orange County wishes to convey the County owned lot to the Town of Chapel hill for the purpose described herein; and

WHEREAS, North Carolina General Statutes §160A-274, authorizes the Town of Chapel Hill to receive any real property belonging to any other governmental unit upon such terms and conditions as the Town of Chapel Hill deems wise, with or without consideration.

NOW, THEREFORE, BE IT RESOLVED that:

1. The Town of Chapel Hill, pursuant to North Carolina General Statutes §160A-274, accepts the offer of transfer from Orange County of the County owned lot.

2. The Chapel Hill Town Attorney is authorized to accept on behalf of the Town of Chapel Hill, the deed for the County owned lot, in a form approved by the Chapel Hill Town Attorney.

This the 13th day of May, 1996.

A RESOLUTION REQUIRING SIGNS AT CONSTRUCTION SITES (96-5-13/R-13)

WHEREAS the Chapel Hill Town Council is interested in promoting opportunities that help citizens be informed of land development activity in Chapel Hill; and

WHEREAS it is common practice for contractors to place signs at construction sites with basic information;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to begin including a recommended condition of approval, for Special Use Permit and Major Subdivision applications, that requires the posting of a construction sign that would list:

- Property Owner's Representative (and telephone number)

- Contractor's Representative (and telephone number)

- Telephone Number for Regulatory Information (Town telephone number);

such sign to be required as a condition of issuing Zoning Compliance Permits for these types of development.

This the 13th day of May, 1996.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION THAT PROVIDES FOR REIMBURSEMENT OF UP TO $25,000 FOR COSTS INCURRED FOR SIDEWALK CONSTRUCTION ALONG PITTSBORO STREET AND MCCAULEY STREET (96-5-13/R-14)

WHEREAS, the North Carolina Department of Transportation and the Town of Chapel Hill propose to make certain improvements consisting of construction of sidewalks within the Town limits of Chapel Hill on the west side of Pittsboro Street from Cameron Avenue to Columbia Street, on the east side of Pittsboro Street from McCauley Street to a point approximately 225 feet south, and on the south side of McCauley Street from Pittsboro Street to Columbia Street; and

WHEREAS, the North Carolina Department of Transportation and the Town of Chapel Hill propose to enter into an agreement for construction of the aforementioned sidewalks whereby the Town of Chapel Hill agrees to design the project plans, acquire the necessary right-of-way and adjust utilities, award the construction contract, supervise the project construction, and assume all maintenance responsibilities upon completion of the project; and

WHEREAS, said agreement further provides for the Department of Transportation to reimburse the Town of Chapel Hill to a maximum extent of $25,000.00 for the actual contract construction costs of the sidewalks.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to enter into an agreement with the North Carolina Department of Transportation that provides for reimbursement of up to $25,000 for costs incurred for sidewalk construction on Pittsboro Street and McCauley Street.

This the 13th day of May, 1996.

A RESOLUTION REFERRING THE DRAFT 1997-2003 STATE AND METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAMS TO THE TRANSPORTATION AND PLANNING BOARDS FOR RECOMMENDATIONS AND SCHEDULING A PUBLIC FORUM FOR JUNE 10, 1996 TO RECEIVE PUBLIC COMMENT (96-5-13/R-14.01)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has prepared a draft 1997-2003 Metropolitan Transportation Improvement Program; and

WHEREAS, the State Board of Transportation has prepared a draft 1997-2003 State Transportation Improvement Program; and

WHEREAS, the Transportation Advisory Committee has opened a public comment period on both draft Programs, ending June 13, 1996; and

WHEREAS, the Transportation Advisory Committee will be preparing a final Metropolitan Transportation Improvement Program in July, 1996

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the draft Metropolitan Program and State Program be referred to the Transportation Board and Planning Board for their comments; and

BE IT FURTHER RESOLVED, that a public forum be scheduled for June 10, 1996 to receive public comment on the draft Metropolitan and State Programs.

This the 13th day of May, 1996.

A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT (96-5-13/R-15)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Klaus E. Ford, David and Sherri Ontjes, A.L. Ferrell, Bass and Boney, Inc., Lance and Jeanne James, Tom and Mary Biek, and E. Lonnie and Roslyn Alston to amend the Zoning Atlas to rezone property described below from Residential-2 to Office and Institutional-1-Conditional zoning, and fails to find that the requested rezoning:

a) corrects a manifest error in the chapter, or

b) is justified because of changed or changing conditions in the area of the rezoning site or the community in general, or

c) achieves the purposes of the Comprehensive Plan.

For the reasons that:

the subject property as presently zoned achieves the purposes of the Natural Environment Goal and the Housing Goal of the Comprehensive Plan, and

The Land Use Plan element of the Comprehensive Plan identifies this area for low density residential use.

(INSERT ADDITIONAL REASONS HERE)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application of the above mentioned property owners to amend the Chapel Hill Zoning Atlas to rezone that property identified as Chapel Hill Township Tax Map 46, Block C, Lots 1, 2, 3, 4, 5, 6, and 7 located on Bypass Lane.

This the 13th day of May, 1996.

Item 4.2 Information Reports

Council Member Andresen requested removal of item e for discussion. Mayor Waldorf requested removal of item f for discussion.

Noting that a number of citizens had signed up to speak on information report 4.2d, Mr. Webb's taxicab driver permit appeal, Mayor Waldorf inquired whether the Council was willing to receive comments on the matter this evening.

Clarence Webb said the background report before the Council left out a lot of information. Mr. Webb said he had entered into a rehabilitation program and received his GED following his release from prison. Stating that he wanted to live and grow in the community, Mr. Webb said this was hard to do when the community said "this is as far as you can go".

Peter Baker said he worked in a substance abuse program in Durham. Mr. Baker also said he had worked with Mr. Webb from November, 1992 to early 1995 at a halfway house. He stated that Mr. Webb had served as a role model for others, helped to plan recreational therapy programs and displayed good character in his actions as an employee.

Johnny Webb said that Mr. Webb was his uncle and that he deserved another chance to further himself in the community.

Clay Everett said he was a recovering drug addict and was the manager of the Freedom Two men's halfway house in Durham. He stated that Mr. Webb had given him a chance two years ago by letting him move into his home. Stating that Mr. Webb had turned his life around, Mr. Everett asked the Council to grant Mr. Webb's appeal.

Darlene Haskins, a resident of Durham and an operating room nurse at Duke Hospital, said she witnessed a lot of drug-related injuries in her professional capacity. Stating that she had been acquainted with Mr. Webb for about seven years and found him to be a good community citizen in providing assistance to others.

John Evans, a Carrboro resident, said that Mr. Webb was an endearing and loving person. Stating that Mr. Webb frequently reached out to others to help them, Mr. Evans requested that the Council give Mr. Webb a second chance.

Ed Raidrum, manager of a local grocery store, said Mr. Webb was the first person he had met when he came to the community five years ago. He also said that Mr. Webb played an instrumental and positive role in introducing him to the community. Stating that Mr. Webb was a good law-abiding citizen, Mr. Raidrum requested that the Council would help Mr. Webb out with his request.

Helen Smith said that Mr. Webb had worked with drug abusers in a number of detox centers and programs for the past six years. She also stated that Mr. Webb had reached out to her son by serving as a positive role model . Ms. Smith also said she hoped that the Council would give Mr. Webb a second chance.

Noting that the matter before the Council was a difficult one, Council Member Chilton said he would not want the Council to get in the habit of making exceptions to the existing rule under consideration. Stating that he was convinced that Mr. Webb was no longer a threat to society, Council Member Chilton suggested that the Council grant Mr. Webb's appeal for a taxicab permit.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 1 FROM MARCH 13TH, GRANTING MR. WEBB'S REQUEST FOR A TAXICAB PERMIT ON FIRST READING.

Mayor Waldorf inquired about the meaning of granting an exception. Mr. Karpinos said that case by case exceptions could be made to the general ordinance by the Council. Mayor Waldorf inquired whether or not there would be a check-in/monitoring procedure if an exception were granted. Mr. Horton said that once a permit was issued, there was no further checking, other than investigation of complaints. Mayor Waldorf inquired whether the Town would have any liability if someone were hurt as a result of granting the exception. Mr. Karpinos said this was generally not the case for instances of third party criminal behavior.

THE ORDINANCE WAS PASSED ON FIRST READING, BY A VOTE OF 5-2, WITH COUNCIL MEMBERS FRANCK AND PAVÃO VOTING NO.

Board and Commission Nominations and Appointments

Nominations

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE BOARD OF ADJUSTMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PARKS AND RECREATION COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Appointments

The Council made the following appointments. Original signed voting ballots are on file in the Town Clerk's Office.

Human Services Board: Ed Devany and Richard Palmer

Personnel Appeals Committee: Richard Daugherty, Margie Haber, Bonnie Knoke and

Joyce Trout

Public Arts Commission: Carolyn Leith and Nancy Preston

Item 6 Bond Referendum Discussion

Mayor Waldorf noted that the County Commissioners were scheduled to discuss bond-related matters at their May 16th meeting. Noting that there was a good possibility that the County Commissioners would take no action on the matter on Thursday evening, Council Member Andresen said she supported deferral of the discussion to a later Council meeting. Council Member Capowski expressed concern that consistent delay of the matter amounted to an effective veto. Mayor Waldorf said this was a valid point and that it was important to discuss this matter in the near term.

Item 7 Windsor Park Cluster Subdivision

Noting that staff was unable to answer all of the questions raised at the hearing on this matter, Mr. Horton said staff recommended deferral of the item until May 29th.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO DEFER THE MATTER TO MAY 29TH. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 8 Bypass Lane Rezoning Request

Planning Director Roger Waldon presented an overview of the proposal, noting that staff recommended adoption of Ordinance 4. Stating that no serious increase in intensity was being proposed, Grainger Barrett, the applicant's representative, requested approval of Ordinance 4.

Council Member Andresen asked whether the proposed ordinance would permit existing buildings to be torn down and rebuilt. Noting that the Council had some flexibility in this matter, Mr. Waldon said this was the Council's call. Council Member Andresen asked whether or not it was correct that the subject area was in the watershed, but not the Resource Conservation District (RCD).

Mr. Waldon said a portion was in the Resource Conservation District. He noted that special use permits were brought back to the Council within one year of approval of conditional use zoning. Mr. Barrett said although the proposed ordinance would permit greater use and intensity, it would not allow greater square footage.

Expressing concern about increasing the amount of building space in an environmentally sensitive area, Council Member Capowski said waiting until the special use permit stage appeared to be contradictory. Mr. Horton said that the Council had more detailed control over special use permit related provisions. Noting that the RCD ordinance applied to the subject properties, Council Member Capowski asked what gave the Council the ability to say that there could be no increase in impervious surface coverage. Mr. Karpinos said if the applicant did not meet special use permit stipulations and conditions, the Council could deny the applicant's request.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (96-5-13/O-4)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Klaus E. Ford, David and Sherri Ontjes, A.L. Ferrell, Bass and Boney, Inc., Lance and Jeanne James, Tom and Mary Biek, and E. Lonnie and Roslyn Alston to amend the Zoning Atlas to rezone property described below from Residential-2 to Office/Institutional-1-Conditional zoning, and find that the amendment achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council finds that any approved special use as limited by Section I below under the Office/Institutional-1-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 46, Block C, Lots 1, 2, 3, 4, 5, 6, and 7 located on Bypass Lane, be rezoned from Residential-2 to Office and Institutional-1-Conditional zoning with the following limitation on use:

Ø no commercial uses

Ø no bank use

Ø no college or university use

Ø no clinic use

Ø no club use

Ø no fine arts educational institution use

Ø no funeral home use

Ø no group care facility use

Ø no place of worship use

Ø no public cultural facility use

Ø no public use facility use

Ø no research activities use

Ø no rooming house use

Ø no school use, elementary or secondary

Ø no shelter use

Ø no tourist home use

Ø no medical aircraft hangar use

Ø no park/ride use

Ø no public service facility use

Ø no publishing and/or printing use

Ø no non-profit recreation facilities use

The following uses are allowed with the approval of a Special Use Permit by the Town Council:

Ø single-family dwelling

Ø two-family dwelling

Ø adult day care facility

Ø child day care facility

Ø office-type business

Ø residential support facility

Ø barber shop/beauty salon

SECTION II

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

This the 13th day of May, 1996.

Item 9 Glenwood Service Center SUP Modification

Mr. Waldon presented an overview of the proposed conditions of approval. He said staff recommended approval of the applicant's request. Edward Holmes, Jr., the applicant, said he accepted the proposed conditions of approval outlined in Resolution 16a.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 16A.

Council Member Andresen inquired about the proposed construction start date. Mr. Holmes said mid-July, with construction being completed before the start of school.

RESOLUTION 16A WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE GLENWOOD EXXON SERVICE CENTER (File Number 65.B.1 and 1A)

(96-5-13/R-16a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by the Kenan Oil Company on property identified as Chapel Hill Township Tax Map 65, Block B, Lot 1 and 1A, if developed according to the site plan dated December 12, 1996 and revised February 6, 1996 and the conditions listed below, would:

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

2. 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. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and

4. 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 finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:

1. Modification of Section 13.11.3 of the Development Ordinance to allow a street setback of 8 feet (instead of 24) for the overhang of the canopy; and

2. Modification of Section 14.12.6 to allow an alternative buffer along the property's frontage on NC 54. This alternative buffer must be submitted to and approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit.

3. Modification of Section 18.7.15 to permit the driveway from NC 54 to be less than 300 feet from Hamilton Road.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Glenwood Service Center in accordance with the terms of the Special Use Permit, the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by May 13, 1998 (two years from the date of Council approval) and be completed by May 13, 1997 (three years from the date of Council approval).

2. No Construction in the Public Right-of-Way: That no construction take place in the NC 54 right-of-way with the exception of driveways that give access to NC 54.

Standards Specific to Service Stations

3. That adequate provision shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.

Stipulations Related to Local, State and Federal Governments 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.

5. Local Government Requirements for Use and Storage of Hazardous Material: That the applicant comply with all the provisions of Section 10.7.1 of the Chapel Hill Development Ordinance which requires:

a) that the applicant prepare and submit an Emergency Contingency Plan, which shall be approved by the Town Manager; and

b) that any container or tank used to store hazardous material shall be equipped with leak detection devices and shall be double-walled or have other secondary containment features to be approved by the Town Manager; and

c) that points of storage or use of hazardous materials shall be protected by a corrosion-resistant dike, sized to handle the maximum amount of hazardous material to be stored or used; and

d) that all floor drains that could collect hazardous materials shall be connected to a corrosion resistant tank or catch basin sized to handle the maximum amount of hazardous material to be stored or used. These floor drains shall not be open to the site's natural drainage system.

Plans or documentation which demonstrate compliance with these items shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

6. Landscape Plan Approval:

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

b) The landscape plan will include an alternative buffer along the front of the property on NC 54. The applicant shall provide enough room between the curb and gas pumps for two car widths (one for servicing cars and one for passing parked cars). In any remaining space within the property lines along the highway frontage, the applicant shall provide a landscaped screen. In addition, if possible, the applicant shall obtain permission from NC Department of Transportation to plant in the NC 54 right-of-way to create as wide a planting strip as possible to serve as a buffer and screen along the highway frontage.

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

Stipulations Related to Building Elevations

8. Building Elevation, Signs, and Canopy Approval: That detailed elevation drawings for the building and canopy, and all signs be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit and that the proposed canopy meets the design standards for canopies developed by the Appearance Commission.

Miscellaneous Stipulations

9. 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 by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

11. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan, plan for management of construction debris, and liquid waste management be approved by the Appearance Commission and the Town Manager prior to the issuance of a Zoning Compliance Permit. The Solid Waste Management Plan shall relocate the dumpsters in such a manner as to provide better access for service vehicles and to enable the canopy height to be reduced.

12. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, Stormwater Management Plan (with hydraulic calculations), 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.

13. 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.

14. Sight Triangle: That sight triangles be shown on the final plans, and that the planting plans respect the necessary sight triangles for safe movement in and out of the site.

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 Town Council hereby approves the application for a Special Use Permit for the Glenwood Exxon Service Center in accordance with the plans and conditions listed above.

This the 13th day of May, 1996.

Item 10 Expansion of East Franklin Street Corridor Study

Planning Board Chair Mary Reeb said the Board recommended calling a public hearing on June 17th on the study's second phase. She stated that there had been a large amount of public input regarding the proposal to date. Ms. Reeb also presented a brief overview of the Board's recommendations regarding the corridor.

Council Member Andresen commended the Planning Board for a really good report. Council Member Brown expressed her concurrence. She inquired about the differentiation between small and medium-sized/scale buildings. Noting that there had not been a specific discussion of this differentiation, Ms. Reeb said "smallish" buildings would be two to three story buildings. Ms. Reeb recognized Planning staff members Rob Wilson and Chris Berndt for their good support of the Planning Board on this matter.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION CALLING A PUBLIC HEARING ON THE RECOMMENDED EAST FRANKLIN STREET CORRIDOR STUDY II AND REFERRING THE STUDY TO THE DESIGN REVIEW BOARD AND TRANSPORTATION BOARD (96-5-13/R-17)

WHEREAS, the Town Council charged the Planning Board with conducting a limited study to examine land use and design issues for the portion of Franklin Street from Elliott Road to WCHL; and

WHEREAS, the Planning Board has met regularly and conducted a neighborhood meeting enroute to preparing a recommended East Franklin Street Corridor Study II Report;

NOW, THEREFORE, BE IT RESOLVED that the Council receives the Recommended East Franklin Street Corridor Study II Report for further consideration.

BE IT FURTHER RESOLVED that the Council calls a public hearing on the Recommended Corridor Study for Monday, June 17, 1996, at 7:00 p.m., in the Town Council Chambers, 306 North Columbia Street, Chapel Hill, NC 27516.

BE IT FURTHER RESOLVED that the Council refers the Recommend Corridor Study to the Design Review Board and the Transportation Board for their recommendations by June 17, 1996.

This the 13th day of May, 1996.

Item 11 Downtown Area Student Workshop Class

Karen Christensen presented an overview of the report on the downtown area. She also reviewed the "SAVES" computer model and its functions, including: a map of the downtown area, data on existing land-use conditions and impact multipliers, using different land-use patterns. Ms. Christensen said she and her colleagues hoped that the "SAVES" computer model would be a useful tool for the Town.

Mayor Waldorf commended the students for a great report. Mayor Waldorf did likewise. Council Member Andresen encouraged staff to brainstorm on the next steps to take in this matter. Mr. Horton said staff would do so.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE MANAGER. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (7-0).

Item 12 Home Occupations Committee

Council Member Chilton thanked the members of the Home Occupations Regulation Committee for their diligent work. He presented an overview of possible changes in the ordinance, noting that the Committee was proposing liberalizing some provisions, while tightening down in other areas. Noting that most sections of the proposed ordinance had been adopted almost unanimously by the Committee, Council Member Chilton expressed thanks to Assistant to the Manager Greg Feller for his staff support of the committee. Council Member Pavão expressed his concurrence with Council Member Chilton's remarks.

Council Member Andresen inquired why there was not a greater level of specificity in the Committee's residential neighborhood traffic recommendations. Council Member Chilton said the principal constraint was distinguishing between business and non-business related trips. Council Member Andresen asked whether the Committee had addressed noise-related concerns. Council Member Chilton said no changes from existing ordinance provisions were recommended relative to noise concerns.

Council Member Brown said it might be necessary to have two public hearings on the proposed ordinance. Noting that Planning and other Town staff had not had an opportunity to react to the proposed ordinance, Council Member Chilton suggested that staff be provided with an opportunity to draft a proposed ordinance.

Council Member Andresen suggested asking for staff reaction prior to drafting an ordinance. Council Member Chilton said this would necessitate having two hearings. Mr. Horton said staff welcomed the opportunity to draft language.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY TO DRAFT AN ORDINANCE AND SCHEDULE A PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mayor Waldorf inquired whether the Planning Board would review the draft ordinance. Council Member Chilton said his intent was for the Planning Board to review the draft ordinance and other applicable materials.

Item 13 Construction Phasing of Northern Community Park

Parks and Recreation Director Mike Loveman presented an overview of the project proposal, noting that the project's consultant, Amy McIntosh was also in attendance to answer questions.

Council Member Capowski asked why staff was recommending moving ahead with development of soccer fields first, instead of developing baseball and softball fields. Mr. Loveman said the greatest current demand was for new soccer fields. Stating that it would cost a fair amount of money to site, grade and maintain the soccer fields, Council Member Andresen said she would like to be kept abreast of costs to construct and maintain the soccer fields. She also noted that no passive recreation, such as walking trails, were being proposed in the first phase of the park.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 19.

Noting that the Town had purchased the land for the proposed Northern Community Park about five years ago, Mayor Waldorf said the Council had to respond to needs using available resources. Council Member Andresen said it would have been her preference to site soccer fields at the flatter southern community park site.

RESOLUTION 19 WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING A BUDGET AND PHASING PLAN AND AUTHORIZING THE TOWN MANAGER TO PROCEED WITH THE DEVELOPMENT OF CONSTRUCTION DOCUMENTS AND A BIDDING PROCESS FOR THE NORTHERN COMMUNITY PARK (96-5-13/R-19)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it authorizes the Manager to include, if possible, the following program elements in the first phase of development of the Northern Community Park:

- Homestead Road Access Drive (paved)

- Parking for 100 Cars

- Skateboard Facility

- Bridge and Trails to Soccer Fields

- Two Soccer Fields (without lights)

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that it authorizes the Town Manager to proceed with development of construction documents, to apply for all needed permits, and to seek bids for construction of Phase I of the Northern Community Park.

This the 13th day of May, 1996.

Item 14 NC 86 Traffic Corridor Study

Appearance Commission member Dianne Bachman said a small subcommittee of the Commission and Design Review Board had undertaken a study of the NC 86 corridor which would be presented to the Council on June 10th. She stated that there had been good input and cooperation from property representatives and staff in pulling together the forthcoming report. Council Member Andresen inquired about involvement by neighborhood residents in the process. Ms. Bachman suggested that a public hearing could possibly be held on the draft corridor study in the future. Council Member Andresen suggested that Town staff identify neighborhood association presidents and include these individuals in future meetings.

Council Member Brown requested notification of all residents potentially impacted by the NC 86 improvement project, including residents of the Stateside Drive and Kingston Drive neighborhoods.

Mr. Horton noted that mailings customarily occurred in conjunction with reports to the Council. Noting that NCDOT was pulling funding from some roadway projects due to funding limitations, Council Member Capowski inquired whether there was a risk of losing funding if the matter were studied further. Mr. Horton said he did not believe so.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 20.

Noting that he would vote against the proposed resolution, Council Member Franck said he did not think another study was a good idea since there were not a lot of possibilities for roadway connections.

Council Member Brown said she thought that the Transportation Board should be included in the proposed corridor study. Ms. Bachman said the Appearance Commission/Design Review Board had representatives from the Transportation and Planning Boards. Noting that time was of the essence in the matter, Ms. Bachman said it was important not to penalize proposed developments.

Council Member Brown inquired whether or not the motioner would accept the addition of the Transportation Board as a friendly amendment. Council Member Pavão said he would not consider this to be a friendly amendment.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO MAKE A SUBSTITUTE MOTION OF RESOLUTION 20, INCLUDING PARTICIPATION BY THE TRANSPORTATION BOARD.

Ms. Bachman said she had spoken to Transportation Board Chair Ruby Sinreich about the Board's wishes relative to the proposed study. She stated that Ms. Sinriech has suggested that Transportation Board member Steve Manton should work with the Appearance Commission/Design Review Board on the proposed study.

Mayor Waldorf noted that the Transportation Board was getting ready to meet with the Carrboro Transportation Board on the proposed northwest small area plan. Council Member Brown said she was attempting to assure that there would be adequate opportunity for citizen involvement in the NC 86 traffic corridor study matter. Council Member Andresen suggested that Transportation Board members wishing to do so be invited to participate in the process. Council Member Brown said she wanted the Transportation Board to be an equal partner in the process.

Mayor Waldorf said one possibility would be for the Transportation Board to designate representatives to participate in the study. Council Member Brown said she found this proposal to be acceptable. Mayor Waldorf's proposal was accepted by the motioner and seconder.

RESOLUTION 20, AS AMENDED, TO INCLUDE PARTICIPATION BY TRANSPORTATION BOARD MEMBERS WISHING TO DO SO, WAS ADOPTED BY A VOTE OF 6-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

A RESOLUTION REQUESTING STUDY OF THE N.C. HIGHWAY 86 CORRIDOR (96-5-13/R-20)

WHEREAS, on April 22, the Chapel Hill Town Council discussed the idea of conducting a brief study of existing and proposed street networks in the NC 86 corridor, between Homestead Road and Weaver Dairy Road; and

WHEREAS, the Council referred this issue both to the joint Design Review Board/Appearance Commission, and also to the Town Manager, with a request that proposals be brought to the Council on May 13, suggesting how the study might be accomplished; and

WHEREAS the Council has considered options for pursuing this study;

NOW, THEREFORE, BE IT RESOLVED that the Council requests the Design Review Board and Appearance Commission and members of the Transportation Board wishing to participate to jointly undertake this study, with the following charge:

Undertake a study of the N.C. Highway corridor between Homestead Road and Weaver Dairy Road. The purpose of the study shall be to examine existing, proposed, and potential street networks. Particular emphasis should be placed on a potential street network that would link the proposed Windsor Park Subdivision and properties directly to the north with Westminster Drive and NC 86. Make recommendations regarding whether or not development of these properties should include access to Kingston Drive, and whether or not additional median break(s) should be considered along NC 86 between Stateside Drive and Weaver Dairy Road. Include attention to bicycle and pedestrian traffic.

BE IT FURTHER RESOLVED that the Council asks the joint Boards to complete the study and present recommendations to the Town Council on June 10, 1996.

This the 13th day of May, 1996.

Ms. Bachman said all Transportation Board members would be invited to participate in the process.

Item 15 School Construction Financing

Council Member Andresen said the Orange County Board of Commissioners would discuss school financing matters at its May 16th meeting. She stated that one possible role for the Council in this process would be to adopt an official policy requiring that land be set aside for schools in larger developments. She also noted the importance of improving the coordination between Orange County and the Town on the siting of schools and planning for future joint recreation/school facilities. Council Member Andresen stated that Currituck County had in place an adequate public facilities ordinance relative to the provision of schools.

Council Member Capowski said he would be interested in learning more about Currituck County's ordinance regarding school construction. Council Member Andresen said she could distribute copies of the ordinance and related materials to the Council.

Mayor Waldorf suggested that the Council could take up these matters at its growth management work session on June 5th.

Item 16 Changes to Design Manual

Council Member Franck said some of the standards in the existing design manual were so flexible that it was difficult to determine whether or not they were being met. Stating that the last set of changes to the design manual were very broad and had been done very publicly, Council Member Franck said that the changes he was suggesting were not nearly as broad. He suggested that the Council approve Resolution 22 this evening, authorizing staff to initiate a review of possible changes to the manual.

Thanking Council Member Franck for bringing the matter to the Council's attention, Council Member Chilton said he generally agreed with all of the points Council Member Franck made in his memorandum, excepting the matter of interconnecting neighborhood streets. He requested that any proposed changes in this matter be brought before the Council. Mr. Horton said staff's follow-up report would include present and proposed language. Council Member Chilton said there was not Council consensus on the matter of interconnection of residential streets.

Council Member Capowski thanked Council Member Franck for his work. He also expressed agreement that the Town's design manual needed to be updated. Mr. Horton said staff could develop design guidelines which offered both flexibility and normal standards.

Noting that he did not think that the Council had ever had a general discussion about the philosophy of interconnected streets, Council Member Capowski suggested that the Council have such a discussion in the near future. Noting that she had a good deal of concern about interconnected streets, Council Member Brown suggested that the Council possibly address this matter differently than the other design standards.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 22, ADDING THE FOLLOWING LANGUAGE TO THE BEGINNING OF ITEM NUMBER ONE "THE MANAGER SHALL REPORT TO THE COUNCIL ON THE POSSIBILITY OF CHANGING THE DESIGN MANUAL TO..."

Commending Council Member Franck for bringing the matter forward, Council Member Andresen suggested not dealing with item number one at present, in order that this item could receive adequate public notice and opportunities for public participation. Noting that many Town residents lived on cul-de-sacs, Council Member Capowski suggested having a public hearing on the matter. Council Member Chilton stated that the Manager would be bringing back a report for the Council's consideration. Council Member Capowski requested a clarification of the process following the Council's receipt of this report. Council Member Franck said the Council could provide direction to staff on whether or not to proceed with specific changes. Council Member Capowski asked whether Council Member Chilton was asking staff to prepare an information report. Council Member Chilton said this was correct.

Mr. Horton said he would appreciate the opportunity to report back to the Council on a suggested process for following up on the matter. Mayor Waldorf inquired whether this was implicit in the motion. Council Member Chilton said this was correct.

RESOLUTION 22, AS AMENDED, WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION INSTRUCTING THE TOWN MANAGER TO MAKE UPDATES TO THE CHAPEL HILL DESIGN MANUAL (96‑5‑13/R‑22)

WHEREAS, the Chapel Hill Development Ordinance authorizes the Town Manager to create a Design Manual, and further authorizes the Town Manager to make revisions to the Design Manual from time to time; and

WHEREAS, many Town policies and philosophies regarding the design of roadways, sidewalks, and other elements have changed recently;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council instructs the Manager to revise the Design Manual to reflect the current policies and philosophies of the Town. Specifically, the Council instructs the Manager to make revisions to the Design Manual to:

1. The Manager shall report to the Council on the possibility of changing the Design Manual to include language that encourages interconnected streets and remove language which encourages a discontinuous road network.

2. Include guidelines and recommendations for using traffic calming techniques.

3. Set a range for recommended roadway widths. As a guideline, the Council believes that collector streets should be no wider than 33 feet, and local streets should range down to about 21'.

4. Strengthen requirements for provision of public transit amenities.

5. Incorporate the standards for sidewalks on streets found on page 37 of the 1994 Pedestrian Plan (adopted as part of the Comprehensive Plan).

6. Require signs on stub‑outs notifying potential residents of future road plans.

7. Specify the amount of bicycle parking required in relation to automobile parking.

8. Make other changes as determined to be desirable and not inconsistent with adopted policies of the Town Council.

BE IT FURTHER RESOLVED that if the Manager determines that any of the changes identified above are not in the best interest of the Town, he shall so report to the Council and ask for further instructions.

BE IT FURTHER RESOLVED that the Manager shall distribute copies of the revised Design Manual to the members of the Town Council, Planning Board, and Design Review Board after the revisions have been completed.

This the 13th day of May, 1996.

Item 17 Bell South PCS

Assistant to the Manager Greg Feller said that the Council had deferred action on this item at its April 22nd meeting. Mr. Feller said the proposed compensation to the Town for the proposed tower was $12,000 per year, plus a three percent annual adjustment. He noted that the franchise agreement had a term of ten years. Mr. Feller also stated that the proposed franchise ordinance did not authorize a specific tower location.

Council Member Andresen asked how the $12,000 compensation compared to other communities. Mr. Feller said this was a more favorable arrangement than many other locations, matching up with the compensation for a one hundred and sixty foot tower in Wilmington. Council Member Andresen asked whether this amount would be a framework for future towers. Mr. Feller said only to the extent laid out in the franchise agreement and that future agreements would have to come back to the Council for individual consideration.

Council Member Chilton asked whether it was correct that there was not a quasi-judicial aspect to the franchise hearing. Mr. Karpinos said this was correct. Travis Porter, Bell South's legal counsel, expressed appreciation to the Council and Town staff for their assistance to Bell South in this matter.

Council Member Capowski said that approval of the first tower would not set a precedent for locating a second tower. Mr. Porter stated that the Town would have an opportunity to collocate another utility on the proposed tower. Council Member Capowski asked whether it was correct that the franchise agreement was non-exclusive and would not prohibit or discourage competitors from seeking towers. Mr. Horton said this was correct. Council Member Capowski said he thought the proposed tower was better and more aesthetically pleasing that the original proposal.

Council Member Brown inquired what types of towers would not be reviewed by the Council. Mr. Horton said towers inside and on top of buildings would not need to be reviewed by the Council.

Council Member Chilton inquired about the basis for not approving future tower sites on Town property. Mr. Karpinos said the Town had no obligation to approve such facilities if they were not in the public interest.

Council Member Chilton inquired whether Bell South had discussed the proposed tower with area residents. Karen Bennett, Regional Manager for Bell South, said there were no residences near the proposed tower location. Mr. Feller said staff could do an extensive mailing of the proposed project to area residents if the Council desired. Council Member Chilton asked whether the proposal would come back to the Council for a second reading. Mr. Horton said this was correct.

Noting the importance of having a process wherein citizens knew of proposed towers, Council Member Andresen inquired about the Town's authority to refuse requests for towers. Mr. Karpinos said that the Council had a broad range of discretion about whether or not to permit towers in the public right-of-way. Referencing a recent commentary which she had heard on National Public Radio about a community which had decided it did not want to have any cellular towers, Council Member Andresen said she was not sure that these towers were right for the Town.

Noting that he had recently visited the site of the proposed tower location, Council Member Capowski asked whether it was correct that trees would not be cut down. Moe Mustafa, Bell South's technical director, said this was correct.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 5.

Stating that she was not sure that the proposed tower was right for the Town, Council Member Brown said she would vote against the proposed ordinance.

ORDINANCE 5 WAS PASSED ON FIRST READING BY A VOTE OF 5-2, WITH COUNCIL MEMBERS ANDRESEN AND BROWN VOTING NO.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 23.

Council Member Chilton said it did not make sense to adopt Resolution 23 this evening, upon first reading of the ordinance.

RESOLUTION 23 WAS PASSED BY A VOTE OF 4-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND CHILTON VOTING NO AND THE RESOLUTION CARRIED OVER TO THE COUNCIL'S MAY 29TH MEETING.

A RESOLUTION AUTHORIZING AND LEASE AND RIGHT-OF-WAY ENCROACHMENT AGREEMENT (96-5-13/R-23)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, a lease and encroachment agreement in substantially the form submitted by the Manager on May 13, 1996 in connection with a proposed ordinance granting a franchise to BellSouth Carolinas PCS.

This the 13th day of May, 1996.

Discussion of Consent Agenda Items

Item 4.1k

Council Member Capowski inquired why the Town did not have a competitive bidding process for leasing parking spaces. Mr. Godding said the process involved the Town responding to requests of individual businesses, rather than a competitive process. He added that a notice of the proposed lease had been mailed to possibly interested parties and an advertisement had appeared in the local newspaper. Mr. Horton said the essence of Mr. Rudolph's letter appeared to be his preference that the Town not lease parking spaces. Council Member Capowski said he shared Mr. Rudolph's equity concerns.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION AUTHORIZING THE NEGOTIATION OF AN AGREEMENT FOR THE LEASE OF PARKING SPACES IN LOT #6 WITH BROWN & BUNCH COUNSELORS AND ATTORNEYS AT LAW (96-5-13/R-11)

WHEREAS, the Town owns and operates Parking Lot #6 on Rosemary Street which has twelve monthly rental spaces available; and

WHEREAS, Brown & Bunch owns and leases property near this lot and has requested that the Town enter into a new long term lease of these spaces for the use of employees and tenants of Brown & Bunch; and

WHEREAS, the Town has leased Parking Lot #6 to Brown & Bunch since July 1, 1993;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to negotiate an agreement on behalf of the Town with Brown & Bunch for the lease of all 12 parking spaces at Town Lot #6, This agreement should be similar to the existing agreement and include substantially the following terms and conditions;

The term of the agreement will be for two years beginning July 1, 1996 with an option to renew with revised parking rates, for one additional year.

Lot #6 contains space for 12 vehicles. The rate for this lease will be $660 per space per year. This is a total of $7920 per year for all spaces.

Payments will be made by Brown & Bunch Attorneys and Counselors at Law on a monthly basis by the 1st of each month for which the payment is due. These payments will be $660, which is 1/12th of the annual rate for all spaces leased.

The firm assumes responsibility to monitor unauthorized parking in the lot.

The firm may not sublet these spaces or authorize parking in this lot to anyone other than employees and tenants of Brown and Bunch.

The Town will be responsible for maintenance of the grounds in this lot.

This agreement could be terminated or amended at any time by written agreement of both parties.

This the 13th day of May, 1996.

Item 4.2e

Council Member Andresen inquired about the possibility of having a small scale Town celebration on July 4th. Mr. Horton said there was about $5,000 in the budget for a July 4th event. Council Member Andresen asked that staff to look into a small scale non-fireworks celebration. Mr. Horton said it might be difficult to get good quality acts at this late point. Council Member Andresen requested that staff bring proposals back to the Council in the near future.

Item 4.2f

Mayor Waldorf said the study was very good, clear and straightforward. She also said it was interesting to note that the number of present patrol positions was lower than the number of patrol positions in 1979. Mayor Waldorf said the Department's good leadership was responsible for good results related to crime statistics. Council Member Capowski thanked and commended Natasha Bowen for her report.

Mr. Horton noted that Jennifer Hitcho, a student in the University's Master of Public Administration program, would be interning in the Manager's office this summer.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

The meeting concluded at 10:08 p.m.