SUMMARY OF A REGULAR MEETING HELD BY THE CHAPEL HILL

TOWN COUNCIL, MONDAY, NOVEMBER 24, 1997

Mayor Waldorf called the meeting to order at 7:00 p.m. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão, and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

There were no ceremonies.

Item 2 Public Hearing on Potential Uses of Housing and Urban Development

(HUD) Disaster Assistance Grant

Mr. Horton said that the Town had been granted $349,000 to assist the community in Hurricane Fran recovery efforts.

Long Range Planning Coordinator Chris Berndt stated that the one-time HUD grant was intended to help the Town recover from Hurricane Fran or to prevent damage from future storms. She noted that the federal government required that one-half of the funds benefit low to moderate-income families. Ms. Berndt briefly reviewed possible uses of the grant funds.

Allsion Weiner, speaking on behalf of the Orange Community Housing Corporation, requested that a portion of the funds be directed to the Urgent Repair Program of Orange County. Ms. Weiner stated that the home repairs furnished by the program enabled people to remain in their homes who might otherwise be forced out due to dangerous living conditions or other factors. She also stated that the program provided housing modifications such as wheelchair ramps, grab bars and other aids to make homes more accessible to handicapped persons. Noting that the program could expend a maximum of $3,500 to $5,000 per home, Ms. Weiner stated that an additional $130,000 in funding would make it possible to offer repairs for an additional thirty homes. She added that of the seventeen applications for repairs from Town residents to date, almost half were for urgent roof repairs. Ms. Weiner noticed that the Urgent Repair Program would actively leverage the disaster relief funding with community contributions of labor and materials.

Charlie Zimmerli, Chair of the Housing and Community Development Advisory Board, said that the Board planned to submit their final recommendations regarding the grant funds to the Council after they had reviewed the project proposals.

Mildred Council suggested working with individual families on a case by case basis, instead of through a homeownership-type program. Ms. Council said, although hard-working people could afford a home mortgage, they were sometimes working too hard to bring their homes up to community standards.

Myles Presler speaking on behalf of EmPOWERment, Inc., and for Ed Caldwell, Jr., President of the Northside Community Association, said that these organizations stood firmly behind the efforts of the Orange Community Housing Corporation’s Urgent Repairs Program. Mr. Presler also suggested that the Council consider allocating some of the grant to the Neighborhood Revitalization Loan Fund. Mr. Presler said that the Council might wish to allocate a portion of the grant funds to assist with the removal of forty to fifty trees felled by Hurricane Fran on a lot in the Culbreth Park subdivision.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER COMMENTS TO THE MANAGER.

Council Member Capowski suggested three potential uses for the funds: First, school impact fees and OWASA fees for affordable housing; secondly, to help with the compensation package for people in the Eubanks/Rogers Road area; and thirdly, for more sidewalks, particularly in lower-income neighborhoods.

Council Member Andresen commented that she would like to see some funds utilized for erosion control projects.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 Petitions

Bruce Runberg, UNC Associate Vice Chancellor for Facilities, said that the University was requesting expedited review of special use permit modifications for the University’s boiler plant facility.

Council Member Brown said that she favored finding ways to negotiate with the University regarding building construction. Referring to the recent community visit to Ann Arbor, Michigan focusing on sustainable development, Council Member Brown suggested that the Council encourage sustainability in the construction of building on the University campus, with a special focus on noise and energy use in University buildings.

Mayor Waldorf suggested that the Council refer the University’s petition requesting expedited review to the Manager for preparation of a follow-up report and recommendation.

Mr. Runberg noted that the proposed projects placed a special emphasis on sound attenuation efforts.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PETITION TO THE MANAGER, INCLUDING A REPORT ON HOW SUSTAINABILITY CONCERNS MIGHT BE ADDRESSED

Council Member Evans said that she thought noise-related concerns had been addressed in the past by the University. Mr. Runberg said he understood that there was some interest in the University and the Council meeting in a public forum, possibly during January, 1998, to discuss information regarding the University’s future development plans.

Council Member Andresen requested that noise and lighting related concerns be adequately addressed in the staff’s review process of the applications. Mayor Waldorf stated that these issues would best be addressed in the design phase of the review process.

THE MOTION TO REFER THE MATTERS WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf noted that the petition previously submitted by the YMCA Board of Director had been withdrawn at the request of the petitioner.

Wayne Weathers, representing the Community for Justice in the Pine Knolls neighborhood, briefly outlined a proclamation statement and resolution requesting that the Town permanently discontinue its association with the Pines Community Center Home Revitalization Program (the Knolls Development Association). Mr. Weathers noted that the resolution further requested that the Town proclaim that all outstanding loans were in default and select another affordable housing program for low and moderate income families in conjunction with input from the residents of the Pine Knolls neighborhood. Mr. Weathers also requested that the Town honor all commitments to residents currently in the process of buying a home.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Elizabeth Boisson requested the Council’s support of the Night Flight Basketball Program. Ms. Boisson stated that a Night Flight Basketball Program was already operating in the Durham/Raleigh area, under the auspices of the Kenan Institute. She said that the program offered participants a safe haven for playing basketball along with a mentoring program to place young men in school or in the work force. Ms. Boisson requested that the Town work with the Town of Carrboro and the YMCA to support the start-up of a local Night Flight Basketball Program.

David Oglesby briefly reviewed the Night Flight program currently operating at the new downtown Durham YMCA facility. Mr. Oglesby said that in addition to having a mandatory mentoring program, Night Flight offered services such as serving as friends in court for young men experiencing difficulties in the legal system. Mr. Oglesby said that the program to date had been a moderate success, with a track record to be established.

Walter Britt of the Chapel Hill-Carrboro YMCA expressed his support for the Night Flight program based on the experience of the Durham YMCA to date.

Ms. Boisson stated that although the Carrboro program currently operated its program at the Hargraves Center, another larger facility would be needed in the future.

Council Member Andresen said she thought that the Town’s involvement in this program was a key to its success.

Mayor Waldorf suggested referring the petition to Town staff and the Parks and Recreation Commission. She further suggested that the Parks and Recreation Commission and Town staff communicate with the YMCA regarding this matter.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO REFER THE PETITION TO STAFF AND THE PARKS AND RECREATION COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Reverend Bowden thanked the Council, Town staff, Police and Fire departments for the splendid job they did this past year.

Mr. Karpinos noted a correction to the agenda face sheet, Item 5a, to reflect that references to golf courses and driving ranges should be deleted in a proposed amendment

(Ordinance O-2.2) to the Resource Conservation District ordinance.

Item 4.1 Consent Agenda

Mayor Waldorf requested, and the Council agreed to, removing item 4k from the consent agenda in order to hear Mr. John McCormick.

John McCormick, owner of the lot being considered for rezoning, advised the Council that he had just received notification of the hearing last Friday at 4:00 p.m. He noted that his lot would never be accessible by public road to either South Bridge or Culbreth School Roads. Mr. McCormick requested that the Council postpone consideration of the rezoning until after January 1, 1998, which would give him an opportunity to discuss development options with Town staff.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO TABLE THIS ITEM UNTIL THE COUNCIL’S NEXT REGULAR BUSINESS METTING ON JANUARY 12, 1998. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REMOVE ITEM J FROM THE CONSENT AGENDA.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS G, H, J, K AND S. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (97-11-24/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 October 27^th.

b. Annual resolution identifying areas for possible future annexation (R-2).

c. Changing Clark Road street name to North Columbia Street (R-3).

d. Canceling hearing on Burning Tree Drive drainage assessment (R-4).

e. Acceptance of new streets for Town regulations (O-0.1).

f. Amendment of Town Code provisions regarding park hours and uses

(O-1).

g. Amendment of Town Code provisions to allow construction and use of skateboarding facility in Northern Community Park (O-2).

h. Referral of materials regarding the “Ram Road” to Governor Hunt (R-6).

i. Authorizing adjustment of sales price maximum to allow sale of home in Pine Knolls housing program (R-7).

j. Amendment of Sanitation Ordinance requiring that refuse be placed in bags for collection (O-3).

k. Calling hearing on zoning of parcel annexed when Carrboro/Chapel Hill boundary adjusted (R-8).

l. Amending budget to reappropriate grant funds for National Historic Register study (O-4).

m. Budget ordinance accepting Law Enforcement Block Grant (O-5 and

R-8.1 and R-8.2)

n. Budget ordinance regarding telephone notification system (O-6).

o. Budget ordinance regarding library Internet connections (O-7 and R-8.3).

p. Ordinance regarding Lowes annexation (O-8).

q. Allocating funds for commemorative bench honoring Lightning Brown (R-10). Mayor Waldorf.

r. Request from EmPOWERment, Inc. for a third mortgage loan (R-11 and

O-9).

s. Proposed revisions to the second mortgage program (R-11.1).

This the 24^th day of November, 1997.

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (97-11-24/R-2)

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

SECTION 1

That pursuant to G.S. 160A-49 (i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Generally, the unincorporated area between Chapel Hill's existing corporate limits and the Town's Urban Services Boundary as identified on the 1986 Land Use Plan that was adopted by the Council on July 14, 1986 and revised in accordance with the Durham/Chapel Hill Annexation Boundary Line and the Chapel Hill/Carrboro Annexation Boundary Line.

The above-referenced areas are specifically shaded on the attached map (“Areas Under Consideration for Future Annexation - November 24, 1997”), which shall be incorporated into this resolution by reference, in accordance with N.C. General Statute 160-49(i).

SECTION 2

That a copy of this resolution shall be filed with the Town Clerk.

This the 24th day of November, 1997.

A RESOLUTION RENAMING CLARK ROAD AS NORTH COLUMBIA STREET

(97-11-24/R-3)

WHEREAS, it has been brought to the Council’s attention that the majority of residents of Clark Road have North Columbia Street mailing addresses; and

WHEREAS, this contradiction between street name and mailing address is cause for confusion regarding mail delivery, emergency responses, and routine service delivery; and

WHEREAS, the existing Clark Road residence numbering is sequential with existing North Columbia Street numbering;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith renames Clark Road as North Columbia Street and directs the Manager to have street signs installed so designating this change.

This the 24^th day of November, 1997.

A RESOLUTION CANCELING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR BURNING TREE DRIVE STORMDRAINAGE IMPROVEMENTS (97-11-24/R-4)

WHEREAS, a public hearing has been called by the Council of the Town of Chapel Hill to hear comments regarding the preliminary assessment roll for stormdrainage improvements on Burning Tree Drive; and

WHEREAS, The Oaks Condominiums Homeowners Association has fulfilled the obligation to the Town by paying $19,115.20; and

WHEREAS, with the payment of this $19,115.20, assessments are no longer necessary;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith cancels the public hearing called for November 17, 1997 to receive comments on the preliminary assessment roll for stormdrainage improvements on Burning Tree Drive.

This the 24^th day of November, 1997.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-11-24/O-0.1)

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

SECTION I

Section 21-13 of the Town Code of Ordinances, “right-of-way and stop regulations" is amended by inserting the following, in appropriate alphabetical order:

Through Streets Stop Streets

Silver Creek Trail Palmyra Place

Silver Creek Trail Sundance Place

Weaver Dairy Road Extension Lonebrook Drive

Lonebrook Drive Tremont Circle

Tremont Circle Macrae Court

Tremont Circle Weymouth Place

Tremont Circle Aster Place

SECTION II

Section 21-11(B) (2) of the Town Code of Ordinances, "Twenty-five (25) miles per hour on the following streets: "is amended by inserting the following, in appropriate alphabetical order:

Aster Place Lonebrook Drive

Macrae Court Palmyra Place

Sundance Place Tremont Circle

Weaver Dairy Road Extension Weymouth Place

SECTION III

This ordinance shall become effective upon adoption by the Town Council.

SECTION IV

All ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 24^th day of November, 1997

AN ORDINANCE TO AMEND CHAPTER 12 OF THE TOWN CODE (97-11-24/O-1)

ARTICLE I. IN GENERAL

Sec. 12-1. Opening and closing hours of town parks; remaining in parks after closing.

Except as authorized by the Director of Parks and Recreation, or his designee, the following Town parks and greenways are closed from 30 minutes past sunset until 6:00 a.m.:

Battle Branch Trail;

Bolin Creek Trail;

Booker Creek Trail;

Burlington Boulevard Park;

Emily Braswell Perry Park;

Gomains Tot Lot;

Greendale Park;

Hargraves Park (playground and picnic shelter only);

Jones Park;

North Forest Hills Park;

Northern Community Park (basketball court, volleyball court, picnic shelters, and playground only);

Pine Knolls Neighborhood Park;

Tanyard Branch Trail;

Westwood Park;

all entranceways, greenways, parks, and open space lands not specifically mentioned in this ordinance

Except as authorized by the Director of Parks and Recreation, or his designee, the following Town parks are closed from 11:00 p.m. until 6:00 a.m.:

Cedar Falls Park;

Community Center Park;

Ephesus Park;

Hargraves Park (excluding the playground and picnic shelter);

Lincoln Gymnasium and Arts Building;

Northern Community Park (excluding the basketball court, volleyball court, picnic shelters, and playground);

Oakwood Park;

Phillips Park;

Pritchard Park;

Umstead Park.

Except as authorized by the Director of Parks and Recreation, or his designee, the following Town Park is closed from midnight until 6:00 a.m.:

Rosemary Street Parking Deck Plaza

Upon complaint by any person or Town police or public safety officer or Town Parks and Recreation Department employee, any person upon any Town park after the park has closed may be asked to leave, unless that person is participating in a Town sponsored program or has obtained, from the Director of Parks & Recreation, written permission to remain on the site. It shall be unlawful to remain upon the park during the time the park is closed.

Sec. 12-2. Compliance with regulations; enforcement.

All persons in any park, greenway, open space, entranceway, playground, recreation or community center, facilities temporarily leased by the Town for parks and recreation purposes, swimming area or facility (collectively "park") owned or controlled by the Town of Chapel Hill shall obey the regulations set out in section 12-3. These regulations and other provisions of this article may be enforced by any law enforcement officer within the officer's appropriate territorial and subject jurisdiction or by the Parks and Recreation Director, or by any Parks and Recreation Department employee so designated and empowered by the Parks and Recreation Director. (Ord. No. 0-85-52, ß 1, 8-26-85)

Sec. 12-3. Rules and regulations for town parks.

(a) No person shall willfully mark, deface, disfigure, injure, tamper with, or without the authorization of the town, displace or remove any structure, equipment, facility, or any other real or personal property, that is the property of or under the control of the Parks and Recreation Department.

(b) No person shall willfully damage, cut, carve, transplant or remove any tree, shrub, bush or plant within any park except in maintenance or other activity under the direction of the town.

(c) No person shall willfully disturb, harass, capture, harm, molest, or injure any wild animal or its habitat within any park except in maintenance or other activity under the direction of the Town.

(d) No person shall drive, park or ride any motorized vehicle in any park except in areas so marked, signed or designated for motorized vehicular traffic and except in maintenance or other activity under the direction of the town and by persons requiring the use of motorized wheelchairs.

(e) No person shall drive, park, or ride non-motorized vehicles in any park, greenway, entranceway, or open space signed for the exclusion of non-motorized vehicles except in maintenance or other activities under the direction of the town and by persons requiring the use of non-motorized wheelchairs.

(f) No pedestrian, or person utilizing a non-motorized vehicle, on trails and roads located within parks, greenways, entranceways, or open space shall act in a manner that endangers other users. The following shall be prohibited by all park users:

(1). Passing pedestrian or non-motorized vehicle users on the right.

(2). Traveling left of the center line of the trail.

(3). Failing to control non-motorized vehicles.

(4). Using public trails under the influence of illegal drugs or alcohol.

(5). Failing to signal with voice, bell, or horn prior to passing pedestrian or non-motorized vehicle users.

(6). Exceeding posted speed limits.

(7). Acting in a manner which causes more than 50% of a trail, path or road to be blocked.

(8). Failing to yield the right-of-way when crossing trails, bike paths, or roads.

(9). Using public paths or greenway trails to gain unlawful or uninvited access to private property.

(g) All persons operating a bicycle on a public trail within the Town shall wear a protective helmet on his or her head, with the chin strap fastened under the chin. Said helmet shall be fitted to the size of the operator and shall meet or exceed the ANSI (American National Standards Institute) Z90.4 or subsequent bicycle helmet standards, or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling or subsequent standards.

(h) No person shall dump, deposit, leave or place trash, rubbish, garbage, ashes wastes, broken glass or other rubbish within any park, greenway, entranceway, or open space except in garbage, trash recycling or other property receptacles provided for the purpose. No person shall dispose of household garbage or rubbish within any park.

(i) No person shall camp or stay overnight in any park, except with written permission from the Parks and Recreation Director.

(j) Except for authorized personnel or agents of the Parks and Recreation Department or law enforcement personnel, no person shall enter any park or remain in any park during the hours the park is closed to the public as set out in section 12-1 above.

(k) Dogs, cats, and other pets, excluding horses, livestock and animals not commonly domesticated, are allowed within the parks, except in those areas specifically marked and designated that no dogs, cats, or other pets shall be allowed. Dogs brought within parks and greenways must be restrained at all times by a leash that is no longer than six feet in length. All animals are subject to the Town animal control ordinance.

(l) No person shall solicit, peddle or beg within any park, or sell any merchandise or wares. This subsection shall not apply to (i) any concession franchise granted by the Parks and Recreation Department for a park, or (ii) any solicitation or sale of goods by nonprofit or civic groups, provided that written permission is obtained in advance from the parks and recreation director or the director's designee.

(m) No person shall carry, possess or use any firearm or other dangerous weapon within any park. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment.

(n) No person shall use, consume or possess any alcoholic beverages, beer or wine within the park; no person shall use, consume or possess any narcotic drug or hallucinogen or any other controlled substance within any park without a valid physician's prescription for the substance.

(o) All persons in any park shall obey all posted regulations, signs and directions.

(p) No person shall swim or boat in parks except in waters and in areas designated for such purpose or purposes by the Parks and Recreation Department.

(q) No person shall engage, either verbally or physically, in any loud, disruptive or offensive conduct, or engage in any activity or sport in a manner which threatens the safety or welfare of other patrons of the park, or which unreasonably impairs the public's opportunity to use and enjoy the park.

(r) All persons using or present in the vicinity of swimming pools or other water areas shall obey oral instructions from pool staff members, posted regulations and notices relating to conduct of patrons, safety requirements, and health and hygiene requirements.

(s) Participants in organized league sports shall obey the special rules and regulations relating to such activities in the park as prescribed by the Parks and Recreation Department.

(t) No person other than Parks and Recreation Department personnel acting within the scope of their employment shall, without the permission of the town, place, maintain or erect any sign, poster, notice or advertising device within any park.

(u) No person, except those persons requiring the use of a seeing eye dog or receiving written permission from the Director of the Parks and Recreation Department, shall bring any animal onto public sidewalks and streets which have been closed by the Town Council for the purpose of holding Street Fairs, races, or other community events. All animals are subject to the Town animal control ordinance.

(v) Any person shall immediately leave park premises after being requested or directed to leave by the Parks and Recreation Director or the Director's designee. The Parks and Recreation Director or Director's designee shall make such a request only upon a reasonable belief that the person has violated the provisions of this section. Any person leaving or removed from the park shall not re-enter the park unless he or she obeys all regulations governing use of the park. (Ord. No. 0-85-52, ß 2, 8-26-85)

Sec. 12-4. Penalty for violation of section 12-3.

Each violation of the provisions of section 12-3 of this article shall be a misdemeanor and be subject to a fine of $500 or imprisonment for not more than 30 days."

Secs. 12-5 - 12-15. Reserved.

This the 24^th day of November, 1997.

A RESOLUTION INCREASING THE MAXIMUM SALES PRICE FOR HOUSES IN THE PINES COMMUNITY CENTER INCORPORATED HOMEOWNERSHIP PROGRAM FROM $60,000 TO $65,000 (11-24-97/R-7)

WHEREAS, the Council has an ongoing interest in the development of affordable housing opportunities in Chapel Hill; and

WHEREAS, the Pines Community Center, Incorporated has proposed the development of low-income homeownership opportunities in the Pine Knolls neighborhood; and

WHEREAS, the Pines Community Center, Incorporated has requested that the Town increase the maximum sales price for houses in the program from $60,000 to $65,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the maximum sales price for houses in the Pines Community Center, Incorporated Homeownership Program is $65,000.

This the 24^th day of November, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (97-11-24/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Planning 794,766 7,500 802,266

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Grants 551,500 4,000 555, 500

Fund Balance 1,920,091 3,500 1,923,591

This the 24^th day of November, 1997.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE LAW ENFORCEMENT BLOCK GRANT (97-11-24/R-8.1)

WHEREAS, the U.S. Department of Justice and the Bureau of Justice Assistance have made funds available to enhance the quality and effectiveness of law enforcement services and community policing initiatives; and

WHEREAS, it is in the interest of the Town of Chapel Hill to provide quality law enforcement and prevention services to its citizens; and

WHEREAS, the Town’s Law Enforcement Block Grant application in the amount of $69,080 was approved by the Bureau of Justice Assistance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the Bureau of Justice Assistance Law Enforcement Block Grant from the U.S. Department of Justice and to make all necessary assurances.

This the 24th day of November, 1997.

A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF, AND APPOINTMENTS TO, THE LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD (97-11-24/R-8.2)

WHEREAS, the U.S. Department of Justice has approved the Town’s application for a Bureau of Justice Assistance Law Enforcement Block Grant in the amount of $69,080; and

WHEREAS, the Bureau of Justice Assistance requires that an advisory board review and make non-binding recommendations about the proposed expenditure of grant funds prior to those funds being obligated; and

WHEREAS, Police Captain Tony M. Oakley, Chief District Court Judge Joe Buckner, Assistant District Attorney James Woodall, East Chapel Hill High School principal Dave Thaden, community leaders Joanne Shirer and Karen Solomon, and Chapel Hill Crime Prevention Officer Jeff Clark have agreed to serve as members of the advisory board; and

WHEREAS, the proposed advisory board members, if appointed, have agreed to offer non-binding recommendations about the proposed grant expenditures and offer those recommendations for public review at the January 21, 1998 public hearing;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the establishment of a Block Grant Advisory Board.

BE IT FURTHER RESOLVED that the Council charges the Block Grant Advisory Board to review and make non-binding recommendations about the proposed expenditure of grant funds prior to those funds being obligated.

BE IT FURTHER RESOLVED that Police Captain Tony M. Oakley, Chief District Court Judge Joe Buckner, Assistant District Attorney James Woodall, East Chapel Hill High School principal Dave Thaden, community leaders Joanne Shirer and Karen Solomon, and Chapel Hill Crime Prevention Officer Jeff Clark are hereby appointed to the Block Grant Advisory Board.

This the 24th day of November, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997” (97-11-24/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Police 6,305,237 69,080 6,374,317

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Grants 555,000 69,080 624,080

This the 24^th day of November, 1997.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997” (97-11-24/O-6)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997" as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS CURRENT INCREASE DECREASE REVISED

BUDGET BUDGET

GENERAL FUND

Library 1,487,270 11,187 1,498,457

ARTICLE II

REVENUES

GENERAL FUND

GRANTS 624,080 11,187 635,267

This the 24^th day of November, 1997.

A RESOLUTION AUTHORIZING THE MANAGER TO PURCHASE EQUIPMENT NECESSARY TO PROVIDE INTERNET ACCESS STATIONS IN THE LIBRARY

(97-11-24/R-8.3)

WHEREAS, the State of North Carolina has provided $2.7 million in on-going funds to provide citizens with access to extensive data base collections in electronic format; and

WHEREAS, these data bases significantly extend the scope of the existing collection; and

WHEREAS, access is provided only via computer stations in public and academic libraries; and

WHEREAS, the library does not currently provide Internet access to its patrons in the library, and

WHEREAS, library gift funds and State aid are available which would cover the costs associated with providing this service, and

WHEREAS, the Library Board of Trustees unanimously recommends that the Town provide public access Internet stations by January 31, 1998 to provide patrons with access to NCLive information;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council authorizes the Town Manager to use library gift funds to purchase equipment necessary to equip and support five public access computers in the library by January 31, 1998.

This the 24^th day of November, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997” (97-11-24/O-7)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

LIBRARY GIFT FUND 34,000 13,000 47,000

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

LIBRARY GIFT FUND 34,000 13,000 47,000

This the 24^th day of November, 1997.

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA (97-11-24/O-8)

WHEREAS, the Council of the Town of Chapel Hill has been petitioned under G.S. 160A-31, as amended, to annex the area described herein; and

WHEREAS, the Town Clerk has certified the sufficiency of said petition and a public hearing on the question of this annexation was held at the Chapel Hill Municipal Building, 306 North Columbia Street, Chapel Hill, N.C., 27516, at 7:00 p.m. on November 17, 1997 after due notice by publication on November 7 and November 16, 1997; and

WHEREAS, the Council does hereby find as a fact that said petition has been signed by all the owners of real property in the area who are required by law to sign and all other requirements of G.S. 160A-31, as amended; and

WHEREAS, the Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the Town and of the area proposed for annexation will be best served by annexing the area described herein;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill:

SECTION I

By virtue of the authority granted by G.S. 160A-31, as amended, the following described territory is hereby annexed and made part of the Town of Chapel Hill as of December 31, 1997:

Beginning for reference at North Carolina Grid Monument “SAGE”, and said monument having N.C. (NAD 27) coordinates of N 798,731.692 E 1,996,048.052; thence runs N 06°03’24” W 1396.64 feet to an “Axle corner, the TRUE POINT OF BEGINNING of this described tract, said beginning corner being situated in the Southern property line of the Eastowne Associates tract as recorded in Deed Book 1120 Page 413, said “Axle” also being a corner of the Eastowne Associates Tract # 02 as recorded in Deed Book 363 Page 144 and also being the Northern corner of the following described tract; thence runs a common line of the aforementioned Eastowne Associates tract, S 85°28’47” E 1020.75 feet (passing through an iron stake at 1007.79 feet) to a point in the center of a branch; thence runs up the center of said branch S 40°26’49” W 67.09 feet, S 32°58’33” W 67.21 feet, S 28°01’58” W 78.25 feet, S 17°31’42” W 79.45 feet, S 61°51’20” W 26.97 feet, S 34°35’56” W 61.28 feet, S 12°53’53” W 54.83 feet, S 31°22’41” W 63.72 feet, S 11°23’09” W 37.86 feet, S 34°38’53” W 90.45 feet, S 60° 33’43” W 48.65 feet, and S 41°13’07” W 17.76 feet to a corner of the V.A.C. Limited Partnership Tact as recorded in Deed Book 1205 Page 126, thence runs N 79° 26’17” W 7.83 feet to an iron stake and N 85° 32’40” W 78.98 feet, thence with the existing Chapel Hill corporate limit line N 85°32’40” W 560.22 feet, thence N 85°32’36” W 21.46 feet to the eastern right-of-way of Sage Road; thence with the eastern right-of-way of Sage Road N 27°52’06” W 69.69 feet, thence leaving said right-of-way and with the existing corporate limit line N 04°09’38” E 539.57 feet to the point and place of beginning containing 11.92 acres more or less and being part of Tax Parcel # 7.27.B.1.

SECTION II

From and after 11:59 p.m. of the 31^st day of December, 1997, the effective date of this annexation, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill. Said territory shall be subject to municipal taxes according to G.S. 160A-31.

SECTION III

The Manager of the Town of Chapel Hill shall cause to be recorded in the Office of the Register of Deeds of Orange County and the Orange County Board of Elections, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section I hereof, together with a duly certified copy of this ordinance.

This the 24^th day of November, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (97-11-24/O-8.1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-Departmental

Contingency 93,435 375 93,060

Public Works 8,167,268 875 8,168,140

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 1,920,091 500 1,920,591

This the 24th day of November, 1997.

A RESOLUTION AUTHORIZING A LOAN UP TO $8,000 TO EMPOWERMENT, INC. FROM THE HOUSING LOAN TRUST FUND FOR A HOUSE ON CREEL STREET IN THE PINE KNOLLS NEIGHBORHOOD (97-11-24/R-11)

WHEREAS, the Council has an ongoing interest in the provision of affordable housing in Chapel Hill; and

WHEREAS, EmPOWERment, Inc. has requested a loan from the Town’s Housing Loan Trust Fund to provide partial mortgage financing for construction of a house on Creel Street in the Pine Knolls neighborhood;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council authorizes a zero percent interest loan up to $8,000 to EmPOWERment, Inc. from the Housing Loan Trust Fund with the following terms:

· the loan will be a zero percent interest third mortgage for a low-income buyer of the house with a term of twenty years;

· the loan will be forgiven five percent per year for twenty years; after twenty years, the loan will be forgiven;

· the house to be constructed will be made available to a household earning less than 70% of the area median income by household size;

· repayment will be required if the house is sold or ownership is transferred;

· the loan will be made by June 30,1998.

BE IT FURTHER RESOLVED that if the Council adopts the revised guidelines for a second mortgage program, that the terms of that program shall apply to the third mortgage.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute a Performance Agreement between the Town of Chapel Hill and EmPOWERment, Inc. for this loan.

This the 24^th day of November, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (97-11-24/O-9)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS Current Revised

Budget Increase Decrease Budget

HOUSING LOAN

TRUST FUND $107,289 $8,000 $115,289

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

HOUSING LOAN

TRUST FUND

Fund Balance $40,289 $8,000 $48,289

This the 24^th day of November, 1997.

Council Member Andresen requested a correction to the last sentence on page three of the October 27th minutes. She stated that the report from Pat Davis did not pertain to the OWASA Board meeting but rather to the OWASA Board of Directors meeting.

THE MINUTES OF OCTOBER 27^TH, INCLUDING THE REQUESTED CHANGE, WERE ADOPTED UNANIMOUSLY (9-0).

Council Member Chilton noted that due to a potential conflict of interest with item h on the consent agenda, he was requesting recusal for this item.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPROVE RESOLUTION 6. THE MOTION WAS ADOPTED BY A VOTE OF 8-0, WITH COUNCIL MEMBER CHILTON ABSTAINING.

A RESOLUTION REFERRING TRANSPORTATION REFORM CLUB MATERIALS TO GOVERNOR JAMES B. HUNT (97-11-24/R-6)

WHEREAS, the Council of the Town of Chapel Hill by resolution on March 3, 1997 expressed its objections to the approval of the road connecting Bowles Drive and Manning Drive outside the federally recognized metropolitan planning process; and

WHEREAS, the Transportation Reform Club of the University of North Carolina-Chapel Hill has expressed its concerns about the construction of the Ram Road in Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the attached materials referred to in the staff’s report on this matter concerning the Ram Road to Governor James B. Hunt.

This the 24^th day of November, 1997.

Item 4.2 Information Reports

Council Member Capowski requested that item d be removed for discussion at a later time.

Item 5 Second Reading of Proposed Changes to

Resource Conservation District Ordinance

Ron Merritt, representing the Chapel Hill Country Club, stated that the proposed amendment was unnecessary because golf courses were substantially regulated by the present ordinance. Mr. Merritt noted that the Chapel Hill Country Club was a true asset to the community since it provided open space and added value to homes in the Oaks subdivision. Mr. Merritt also said that the County Club provided golf, tennis, swimming, and social events for over six hundred families and their guests. Mr. Merritt stated that there were many misconceptions about golf courses and their effects on the environment. He stated the Council that the country club was a proper and responsible user of chemicals and fertilizers. Mr. Merritt requested that the Council not legislate the Chapel Hill Country Club out of existence by voting against the proposed amendment.

Craig Thompson, golf course supervisor at the Chapel Hill Country Club, stated that Section 5.5.1, the permitted use category of the Development Ordinance, removed driving ranges and golf courses without explanation. Mr. Thompson assured the Council that as part of its best management practices the country club used no pesticides which would hamper the Resource Conservation District. He recommended maintaining golf courses, home lawns, nurseries, athletic fields, and similar items as permitted uses but with the addition of requiring “best management practices” for all.

John Hansell, Greens Committee Chairman of the Chapel Hill Country Club, briefly described the two-year turf management program provided at institutions such as North Carolina State University. He noted that students in the program, including Mr. Thompson, were trained in the responsible use of fertilizers to keep golf courses green and healthy. Mr. Thompson also said that the chemicals used on golf courses were safer than the ones used on residential/home lawns in the Town.

Livy Ludington spoke in favor of strengthening the ordinance, especially the proposed amendment pertaining to cutting and filling. Ms. Ludington said that participants in the North Carolina Stream Watch Program at Frank Porter Graham School had noticed a dramatic negative change in the water quality of Morgan Creek, running behind the school. She stated that this pollution could be traced to run-off from construction on Smith Level and Culbreth Roads. Ms. Ludington urged the Council to protect the community’s water quality by approving the proposed cut and fill-related amendments.

Council Member Capowski asked Mr. Waldon to review the Town review procedures for golf course modifications. Mr. Waldon noted that the Country Club’s golf course was currently a permitted use. He added that because much of the golf course was located within the Resource Conservation District, changes or readjustments would require administrative approval. He also noted that applications requiring major land disturbance would come before the Council for a special use permit while remaining within the context of permitted uses. Mr. Waldon further explained that the proposed amendment would remove golf courses and driving ranges as permitted uses in the RCD. He illustrated his remarks with the aid of an overhead projector, pointing out the four components of the RCD:

a perennial stream

Floodway: the area closest to a perennial stream most highly regulated by the

Town and FEMA

Stream buffer, located within 100 feet of a stream’s banks

Flood plain, which is regulated by FEMA and the Town

Mr. Waldon also explained that the elevation of the Resource Conservation District was 2 feet above the 100-year flood plain and that most of the RCD lay either between the 100- foot buffer or above a 220- foot elevation. Mr. Waldon noted that North Carolina statutes stated that land in a floodway could permit golf courses and driving ranges. He stated that Town regulations reflected the statute’s definition of what was permitted. Mr. Waldon also said that the country club would remain a permitted use in the floodway. Mr. Waldon stated that the portion rendered non-conforming by the amended ordinance would be in the flood plain but not the floodway, and could only be changed to become conforming. He said a variance would be needed to move a green or fairway on the golf course.

Council Member Capowski asked Mr. Waldon whether the country club would need a special use permit for any new land disturbance greater than one acre, regardless of the Council’s decision about the proposed amendment. Mr. Waldon replied that such an application would come before Council He added that if the proposed ordinance were adopted, a portion of the country club property would become non-conforming.

Mr. Horton noted that a special use permit would be required for the country club to clear a new area not previously part of the golf course, but a permit would not be required to change an area from rough to green. Mayor Waldorf commented that if a request came before the Council, the answer would be complicated based on whether or not the area in question fell outside the floodway but within the RCD elevation. Mr. Horton agreed that an entirely different answer would be required based on such a situation.

Council Member Wiggins inquired about the nature of “best management practices” for golf course maintenance. Mr. Thompson explained that best management practices for golf courses were adopted in 1996 and had been endorsed by Audubon International, the National Wildlife Federation, the United States Golf Association and the American Society of Architects. Council Member Wiggins suggested requiring best management practices for golf courses located in the Resource Conservation District.

Council Member Pavão asked Mr. Thompson to describe a typical Audubon Sanctuary Program. Mr. Thompson said that the program offered by North Carolina State University taught Audubon International guidelines to help golf courses provide better habitats for wildlife. He added that certification was awarded to individuals after completing two to three years of study in the program.

Council Member Andresen commended the Country Club’s use of best management practices for course maintenance. She also questioned whether any golf course should be permitted in the Resource Conservation District given the amount of land disturbance which would be required to construct one. Council Member Andresen said that the purpose and intent of the Town’s RCD ordinance was to protect water quality and wildlife living along streams. Council Member Andresen said she did not think that the proposed change to the ordinance would cause a particular difficulty for the Country Club.

Mayor Waldorf said that she had previously voted against the proposed change because she could not think of a place within the Town’s zoning jurisdiction and within the RCD which would be large enough to accommodate a new golf course. She added that the proposed amendment would present management difficulties for the existing golf course. Mayor Waldorf also expressed concern that the Town would end up with restrictions which were not necessarily rational. She also stated that the Country Club would be able to make modifications in the floodway, which was a more sensitive area covered by State regulations.

Council Member Pavão said that there was little point in restricting the country club further when they were already trying to be environmentally responsible.

Council Member Andresen expressed concern for the community’s streams. She stated that nitrates and phosphates used on golf courses contributed to water pollution. Council Member Andresen said that without a golf course, there would be additional wood lands to provide filtration of pollutants..

Council Member Capowski said that he planned to change his vote from yes to no on the proposed amendment. Council Member Capowski stated that the Chapel Hill Country Club was a good steward of the land and the Town was protected by its 40,000 square foot land disturbance regulation whether or not an area was located in the RCD. He also said that not much could be built without disturbing an acre of land, meaning that most applicants had to come before Council for a decision. He said that the Council could insure that requirements for modifications included best management practices in order to continue good land stewardship.

Council Member Brown asked what type of language would be needed to pertain to new golf courses. Mr. Horton replied that it would be difficult to draft such language. Mr. Karpinos suggested that a public hearing could possibly be scheduled on this matter in the future.

Mayor Waldorf asked whether or not the current ordinance required a new golf course to obtain a special use permit, whether it was inside or outside of the RCD. Mr. Karpinos said yes.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO AMEND THE ORDINANCE ON SECOND READING ELIMINATING GOLF COURSES, BUT NOT DRIVING RANGES, FROM THE PROPOSED AMENDMENT. THE PROPOSED AMENDMENT WAS ADOPTED UNANIMOUSLY (9-0).

THE COUNCIL VOTED TO APPROVE THE MOTION WHICH WOULD ELIMINATE GOLF COURSES BUT NOT DRIVING RANGES FROM THE PROPOSED AMENDMENT TO THE RCD ORDINANCE (9-0).

Mayor Waldorf asked how the proposed amendment would effect a ball field requiring cutting and filling. Mr. Waldon replied that if the Council granted a special use permit, it would mean that the requested use was legally reasonable. He stated that the situation became less clear in the case of a small proposal which could be handled administratively, rather than coming before the Council.

Mr. Karpinos stated that the more difficult question would be to determine what was necessary for legally reasonable use to take place.

Council Member Evans asked whether the proposed amendment would inhibit the Town’s ability to provide a greenway network along a perennial stream. Mr. Waldon said that Bolin Creek was a good example of a greenway network situated along a perennial stream. He added that plans for additional pedestrian or bike paths for Bolin Creek would need to be approved by the Council, with a certain amount of cut and fill needed to complete the project. Council Member Andresen suggested that one remedy would be for the Council to develop a set of criteria to guide Town staff in deciding what was “necessary” cut and fill.

COUNCIL MEMBER CHILTON MOVES, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE PROPOSED AMENDMENT REGARDING CUTTING AND FILLING. THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS CAPOWSKI, BROWN, CHILTON, AND ANDRESEN VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS WIGGINS, PAVÃO, EVANS AND FRANCK VOTING NO.

Council Member Andresen commented that if the intention of the ordinance was to protect stream corridors, it was not working for larger projects. She also said that two-thirds of the wood lands in the RCD had been destroyed in Southern Village and she hoped that the Council would have a constructive remedy for addressing such problems.

Item 6 Appointments to Boards and Commissions

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO APPOVE BY ACCLAMATION THE APPOINTMENT OF DAVID PERRY AND ANN REX TO THE NOISE ORDINANCE REVIEW COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER FRANCK, SECONDED BY COUNCIL MEMBER PAVÃO, TO REAPPOINT RACHEL WILLIS TO THE TRIANGLE TRANSIT AUTHORITY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 7 Rosemary Street Apartments ZAA and SUP

Mr. Waldon presented an overview of the requested zoning atlas amendment and special use permit. He noted that the applicant had responded to the Council’s previous concerns regarding the proposed number of parking spaces by proposing to increase the amount of underground parking and adding a parking area having double-loaded spaces, to increase the total number of proposed spaces from 60 to 105 parking spaces. He also said that the applicant was proposing the submittal of a transportation management plan including a bicycle lending program, bus passes and leasing additional parking spaces off-site.

Council Member Pavão asked whether or not there would be a difference in rental rates for tenants who did not own cars. Larry Short, the applicant, replied that there would be no cost difference for tenants without automobiles. He pointed out that the planned facility would provide thirty new bicycles for loan to tenants and forty bicycle spaces, in addition to subsidized bus fares.

Council Member Pavão asked whether the proposed additional parking spaces had increased the anticipated rental costs of the unites. Mr. Short said that it would cost less to add fifty-seven parking spaces than to reduce the number of units.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADJOURN THE PUBLIC HEARING.

Council Member Andresen said that she thought the proposed changes improved the proposed project.

Mr. Short commented that instead of removing two hardwood trees in the back portion of the site, double-stacked spaces would be utilized.

THE MOTION TO ADJOURN THE PUBLIC HEARING WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT ORDINANCE 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE ROSEMARY STREET APARTMENTS APPLICATION FROM RESIDENTIAL-3 TO TOWN CENTER-2-CONDITIONAL ZONING (Chapel Hill Tax Map Number 85, Block L, Lots 19 and p/o 18) (97-11-24/O-10)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Michael Hining Architects to amend the Zoning Atlas to rezone property described below from Residential-3 to Town Center-2-Conditional Zoning, and finds that the amendment is warranted in order to achieve the purposes of the Comprehensive Plan;

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 now or formerly Chapel Hill Township Tax Map 85, Block L, Lot 19 and part of Lot 18 (identified on the attached map) located approximately 200 feet north of West Rosemary Street and west of the Church Street intersection, within the Residential-3 zoning district, be rezoned from Residential-3 to Town Center-2-Conditional with the following limitations on uses:

¨ No single family dwellings

¨ No two-family dwellings

¨ No multi-family dwellings

¨ No essential services

¨ No mobile homes

¨ No adult day care facilities

¨ No businesses, office-type

¨ No child day care facilities

¨ No clinics

¨ No clubs

¨ No colleges or universities

¨ No fine arts educational institutions

¨ No funeral homes

¨ No group care facilities

¨ No hotels or motels

¨ No places of worship

¨ No public cultural facilities

¨ No public use facilities

¨ No research activities

¨ No residence halls

¨ No residential support facilities

¨ No rooming houses

¨ No schools, elementary or secondary

¨ No shelters

¨ No tourist homes

¨ No automotive repair less collision service and painting

¨ No automotive repair

¨ No automotive, trailer, and farm implement sales or rental

¨ No banks

¨ No barber shops/beauty salons

¨ No businesses - convenience

¨ No businesses - general

¨ No personal services

¨ No places of assembly, up to 2,000 seating capacity

¨ No public service facilities

¨ No publishing and/or printing

¨ No recreation facilities

¨ No vocational school

The following uses are allowed on this property:

¨ Parking, off-street, associated with multi-family development; and

¨ Landscaping and other uses that are customarily incidental to multi-family development.

SECTION II

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

This the 24^th day of November, 1997.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 12A.

Council Member Capowski proposed a friendly amendment on page seven, stipulation #27, changing “up to 50%” to simply read “50%.” The motioner and seconder concurred.

THE RESOLUTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ROSEMARY STREET APARTMENTS (File No. 85.L.18) (97-11-24/R-12a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application, proposed by Michael Hining Architects, on property identified as Chapel Hill Township Tax Map 85, Block L, Lots 18, 19 and 23, if developed according to the site plan dated August 7, 1996 (revised November 13, 1997), the building elevations with July 17, 1997 Appearance Commission endorsement, 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; 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 the Special Use Permit for the Rosemary Street Apartments in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by November 24, 1999 (two years from the date of Council approval) and be completed by November 24, 2000 (three years from the date of Council approval).

2. Land Use: That this Special Use Permit authorizes the construction of a four-story multi-family structure containing no more than 72,871 square feet of floor area and 55 dwelling units. 105 parking spaces and covered racks for 40 bicycles shall be provided on site.

3. Recombination of Lots: That the three lots associated with this application (Chapel Hill Township Tax Map 85, Block L, Lots 18, 19 and 23) be recombined to form one lot prior to issuance of a Zoning Compliance Permit.

Required Improvements

4. Retaining Wall: That, if the Fountains development is not completed or that stability of the eastern driveway remains an issue at the time of Final Plan review, a retaining wall shall be erected along the eastern property line to ensure the driveway’s stability, or that an alternative plan be approved by the Town Manager to ensure stability of the driveway prior to completion of the Fountains project.

5. Bus Shelter: That the applicant provide a payment-in-lieu for a bus shelter and bench to be located across West Rosemary Street, at a cost to be determined by the Town Manager. The payment-in-lieu shall be kept in an escrow account and returned to the applicant if the shelter is not constructed within three years of the completion of the project.

Stipulations Related to State and Federal Governments Approvals

6. That any required State 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

7. Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Appearance Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.

8. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit; and that the Plan include Town standard notes and details.

9. Required Buffers: That the following landscaped buffers be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

¨ Type “B” buffer (minimum width 10 feet) along the northern property line in the western portion of the property;

¨ Type “B” buffer (minimum width 10 feet) along the northern property line in the eastern portion of the property;

¨ Type “B” buffer (minimum width 10 feet) along the western property line adjacent to the Residential-3 zoning district; and

¨ Type “B” buffer (minimum width 10 feet) along the eastern property line adjacent to the Residential-4 zoning district.

10. Specimen Oak Tree Protection: That revisions be made to the grading plan and utility locations to expand the protected root zone of the 28-inch oak tree adjacent to the western property line, subject to Town Manager approval; and that pruning of this tree will be done in consultation with the Town’s Urban Forester.

Stipulations Related to Recreation Space

11. Minimum Active Recreation Space: That a minimum of 8,082 square feet of active recreation space be provided on the site without utilizing the land outside of the apartment structure.

12. Final Plans: That the Town Manager approve Final Plans that identify all proposed recreation facilities.

Stipulations Related to Utilities

13. 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.

14. Fire Prevention: That the Fire Marshal shall approve all fire prevention systems prior to issuance of a Building Permit.

15. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by OWASA, Duke Power, Public Service Company, BellSouth, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.

16. Underground Utilities: That all overhead utility lines be installed underground if the utilities do not include three phase electrical lines.

17. Site Lighting: That lighting in the rear of the building be limited to that necessary for basic safety.

18. Pedestrian Level Light Fixtures: That the pedestrian level light fixtures along West Rosemary Street be Town standard fixtures as approved by the Town Manager.

Stipulation Related to Refuse Management

19. Solid Waste Management Plan:

A. That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B. That the Solid Waste Management Plan include a corrugated cardboard recycling plan addressing compliance with Town of Chapel Hill and Orange Regional Landfill cardboard recycling requirements.

20. Refuse Collection Area: That the design of the refuse collection area be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The area shall accommodate the necessary turning radii of Town service vehicles, and include adequate space for recycling roll carts.

21. Container Labeling: That the site plan indicate labeling for each bulk waste container, for the type of material to be collected.

22. All-Weather Pavement: That the collection vehicle access route to any area containing recyclable material collection containers should be paved with all-weather, heavy-duty pavement.

23. Notes: That the following notes shall be included on the plans: 1) that a pre-construction conference will be held with the Town’s Solid Waste staff, and 2) that if any vehicles are parked in the refuse or recyclables vehicle collection access area, the containers will not receive service until the next scheduled collection day.

Miscellaneous Stipulations

25. Building Elevation: That the building be constructed according to the revised building elevation plan, as supported by the Appearance Commission on July 17, 1997. The final building elevation plan shall be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

26. Stormwater Management Plan: That a Stormwater Management Plan, based on the Town’s HYDROS model, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 10-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The Plan must show where and how stormwater detention for this site will be achieved.

27. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be in accordance with adopted guidelines and shall provide the following:

· 12 off-site parking spaces, with transit access, for tenant use,

· Purchase and maintenance of 30 bicycles for tenant use, and

· 50% bus pass subsidization for working tenants without automobiles.

A Transportation Management Plan shall annually be submitted for Town Manager approval, which may include revisions to the original plan if changing conditions necessitate amendments.

28. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, 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.

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

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

31. Construction Sign: That the applicant post a construction sign that lists the property owner's representative, with a telephone number, the contractor's representative, with a phone number, and a telephone number for regulatory information prior to issuance of a Zoning Compliance Permit.

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

33. 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 Rosemary Street Apartments in accordance with the plans and conditions listed above.

This the 24^th day of November, 1997.

Item 8 Kenan Stadium Seating Expansion

Mr. Horton said that staff had no additional comments to offer since the last hearing on this matter.

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

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 13A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE KENAN STADIUM SEATING EXPANSION (File Number 73..1)

(97-11-24/R-13a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit proposed by the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 73, part of Lot 1, if developed according to the site plan dated October 15, 1997, and the conditions 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 the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for the Kenan Stadium Seating Expansion in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by November 24, 1999 (two years from the date of Council approval) and be completed by November 24, 2000 (three years from the date of Council approval).

2. That this Special Use Permit authorizes the construction of 2,300 additional seats in Kenan stadium, for a maximum seating capacity for approximately 57,000 spectators.

3. That the boundary of this Special Use Permit shall be the stadium fence, as identified on the Special Use Permit Boundary map, dated November 7, 1997.

Stipulations Related to State and Federal Government Approvals

4. 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.

Stipulations Related to Water, Sewer and Other Utilities

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

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

Miscellaneous Stipulations

7. Stormwater Management Plan: That a detailed stormwater management plan, based on the Town’s HYDROS program, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

8. Building Elevations: That the Appearance Commission shall approve building elevations for this project prior to issuance of a Zoning Compliance Permit.

9. Detailed Plans: That the final detailed site plan, utility and lighting plan, and stormwater management plan (with hydrologic calculations), be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable stipulations of the approval, and with the design standards of the Development Ordinance and Design Manual.

10. Erosion Control: That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

11. Construction Sign Required: That the applicant post a construction sign that lists the property owners’ representative, with a telephone number, the contractor’s representative, with a phone number, and a telephone number for regulatory information prior to 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 adjacent 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: That 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 Kenan Stadium Seating Expansion in accordance with the plans and conditions listed above.

This the 24^th day of November, 1997.

Item 9a Development Ordinance Matters

COUNCIL MEMBER CHILTON, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 11, CHANGING REFERENCES TO “UNCOVERED SPACE” TO “OUTDOOR SPACE”. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING AND RENAMING THE TERM “OPEN SPACE” IN THE DEVELOPMENT ORDINANCE (97-11-24/O-11)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance, renaming the term “open space” and adding a definition to the Ordinance, and finds that the amendments are appropriate due to changing conditions in the jurisdiction generally and to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED as follows:

SECTION I

REPLACE the term “Open Space” with “Outdoor Space” in the following Sections of the Development Ordinance:

2.28.1 2.86 13.7.5 13.11.2

2.62 2.87 13.7.6 13.11.3

2.63 2.88 13.7.8 17.9.1

2.85 13.7.4 13.11.1 22.4.1

SECTION II

That all references to the above listed Development Ordinance Sections are hereby amended.

SECTION III

That the following definition of “open space” be added to Section 2 of the Development Ordinance, in its appropriate alphabetical placement:

open space: Land devoted to uses characterized by vegetative cover or water bodies, such as agricultural uses, pastures, meadows, parks, recreational areas, lawns, gardens, cemeteries, ponds, streams and the like.

SECTION IV

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

This the 24^th day of November, 1997.

Item 9b Resolution calling a Public Hearing

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

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGING THE LIVABILITY SPACE REQUIREMENTS IN THE DEVELOPMENT ORDINANCE

(97-11-24/R-14)

WHEREAS, the Chapel Hill Town Council has expressed a desire to revisit the livability space requirements of the Development Ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Wednesday, March 11, 1998 to consider amending the Livability Space requirements of the Development Ordinance.

BE IT FURTHER RESOLVED that the Town Council refers the matter to the Chapel Hill Planning Board and Town Manager for review and recommendation at the Public Hearing.

This the 24^th day of November, 1997.

Council Member Evans requested a clarification of the term “unit” as it was used in the Town’s Development Ordinance at the Council’s next regular meeting. Mayor Waldorf suggested that Council Member Evans make a written petition at the Council’s January 12^th meeting. Council Member Evans agreed to do so.

Item 9c Impervious Surface Limitations

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

Mr. Horton explained that there would be several ways to accomplish this goal, including changing limits to a flat maximum or impervious surface to livability ratio, with the key element being to establish limitations which would affect all development throughout the Town.

COUNCIL MEMBER CHILTON WITHDREW HIS MOTION AND MOVED TO REFER THE ITEM BACK TO STAFF. COUNCIL MEMBER FRANCK SECONDED THE MOTION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 10 Options for Town-owned Lot at Church & Caldwell Streets

Mr. Waldon briefly reviewed the three options in this matter: (1) the general sale of the lot, (2) transfer of the property to EmPOWERment, Inc. and (3) keeping the lot as a parcel for a community land trust. Mr. Waldon said that staff recommended adoption of Resolution B, transferring the property to EmPOWERment, Inc, as a means of providing housing for a low to moderate income family.

Edwin Caldwell, Jr. expressed his support of the Manager’s recommendation. He said that transferring the lot to EmPOWERment, Inc. would be the best option because there was a need for more low and moderate income housing in the Town.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 16B.

Council Member Brown asked whether the Northside Neighborhood Association could work with the Land Trust Implementation Task Force to keep the property reserved for affordable housing.

Council Member Franck agreed that adopting Resolution B would result in selling the lot to one buyer for profit. He said that the proposed land trust would keep both the house and underlying land affordable. Council Member Franck said he favored the adoption of Resolution C.

Council Member Wiggins asked the Council to consider the adoption of Resolution B. She said that a family purchasing a home usually intended to settle in the community permanently. Council Member Wiggins also said that many people did not necessarily buy a house for resale and use these profits to buy a larger house. She requested that the Council give the Northside Community Association and EmPOWERment, Inc. the opportunity to make a choice which would reflect concern for low-income families.

Council Member Capowski asked Myles Presler of EmPOWERment, Inc. to clarify the resale matter. Mr. Presler explained that the value of the lot would automatically become a second mortgage with the Town. He added that if the house were sold, the seller would have to repay the Town for the value of the lot, and the deed restrictions were constructed so that EmPOWERment, Inc. would have the right of first refusal for the fair market value of the house. Mr. Presler also said that a land trust should be coordinated with the Town of Carrboro.

Council Member Brown stated that many people in this neighborhood were constantly being approached to sell their homes for use as rental properties. She stated that putting the Caldwell Street property into a land trust would prevent this from happening.

Mr. Caldwell said that there were innovative ways to protect Council Member Brown’s concerns such as a second mortgage. He said that the Town would recoup the funds that made the house affordable.

Council Member Andresen asked Mr. Presler to outline any additional guarantees. Mr. Presler stated that EmPOWERment, Inc. would have the right of first refusal in case the house were resold. Mr. Horton added that the presumption would be that the Town would recycle the second mortgage money.

Council Member Evans asked Mr. Presler whether or not EmPOWERment, Inc. could require that the property remain owner-occupied. Mr. Presler said that this could be done. Mr. Presler further explained that if EmPOWERment, Inc. no longer existed when an owner was ready to sell, the company’s articles of incorporation and documentation filed with the Internal Revenue Service stated that if EmPOWERment were dissolved for any reason, any assets would be transferred to the Orange Community Housing Corporation. He also said that EmPOWERment, Inc. was willing to work with the Town Manager and Attorney to include appropriate provisions.

Mr. Waldon said that the financial agreement specified that the Town shared any appreciation with the homeowner when the property was resold. He said that Resolution B provided that the Town would work with EmPOWERment, Inc. on the terms of a second mortgage. Council Member Chilton inquired about the proposed timetable for this proposal. Mr. Presler replied that there were currently three families waiting for homes, and that construction could possibly begin as early as January 1998.

Council Member Andresen asked whether the owner would realize any appreciation on the land in the event of a resale. Mr. Horton replied that as it was written now, the Town would share modestly in any appreciation of property value.

Council Member Andresen stated that everyone had aspirations of selling their home to buy a more expensive one, and the project became less attractive, in her opinion, if the Town shared in the appreciation of property value. Council Member Wiggins disagreed that everyone wanted to sell their home in order to buy a bigger or more expensive one. She stated that many people who moved into the Northside neighborhood planned to settle in their home permanently.

Mayor Waldorf suggested wording to allow the Town to recapture some appreciation should some appreciation occur. Mr. Horton added that there could be a provision for the gradual forgiveness of the second mortgage.

Council Member Brown suggested that the Land Implementation Task Force examine all properties owned by the Town which could be considered as part of a land trust program.

THE MOTION TO ADOPT RESOLUTION 16B WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO

A RESOLUTION AUTHORIZING TRANSFER OF PARCEL 7.84.G.1 LOCATED AT THE CORNER OF CHURCH AND CALDWELL STREETS TO EMPOWERMENT, INC. FOR DEVELOPMENT OF A SINGLE FAMILY HOUSE FOR HOMEOWNERSHIP OPPORTUNITY FOR A LOWER INCOME HOUSEHOLD

(97-11-24/R-16b)

WHEREAS, on May 24, 1995, the Council asked the Manager to survey Town-owned properties and to prepare a report evaluating whether any undeveloped properties may not be needed for Town purposes; and

WHEREAS, on April 29, 1996 the Council determined that parcels that were reserved for affordable housing activities should not be considered for sale; and

WHEREAS, the parcel located at Tax Map 7.84.G.1 was reserved for purposes of affordable housing; and

WHEREAS, on October 24, 1997, the Northside Community Association petitioned the Council to transfer this lot to develop a single family home for a lower income local family;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes transfer of ownership of parcel 7.84.G.1 located at the corner of Church and Caldwell Streets to EmPOWERment, Inc. for development of a single family house for homeownership opportunity for a lower income household.

BE IT FURTHER RESOLVED that the affordable housing to be developed on this property will serve a household earning less than 70% of the area median income by household size.

BE IT FURTHER RESOLVED that transfer of this lot is contingent upon EmPOWERment, Inc. submitting a detailed plan for the construction and permanent financing for this house, the selection process for a lower income household to purchase the house, and a plan for determining the resale provisions on the property.

BE IT FURTHER RESOLVED that EmPOWERment, Inc. will work with the Northside Community Association to develop this lot.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute a Performance Agreement between the Town and EmPOWERment, Inc. for the transfer of this lot.

This the 24^th day of November, 1997.

Item 11 Small Urban Transit Projects

Town Engineer George Small noted that Resolutions A and B included three and four candidate small road improvement projects:

Mr. Small said that it was very unlikely to complete all the projects with $350,000 in funding. Mr. Horton stated that perhaps one or two projects would be more realistic to expect. Mayor Waldorf added that Department of Transportation officials had advised that the Town should not seek too many projects.

Council Member Andresen commented that she was impressed by the Transportation Board’s recommendations. She added that she especially supported improvements which would benefit pedestrians.

Council Member Evans noted that the Town had requested a pedestrian crossing in the 400 block of West Franklin Street in the past, but it did not meet the necessary warrants

to be funded.

Mayor Waldorf reminded Council that federal discretionary money went to pedestrian-related projects, whereas this money could be directed more quickly and easily if the Council asked for things more likely to be agreeable to State DOT officials. She suggested that the Council postpone a decision on the matter to give her an opportunity to ask the Town’s State Board of Transportation Board Member, Mr. Galyon, which proposal would most likely be accepted. Council Member Andresen said that she was uncomfortable giving Mr. Galyon the power to decide which of the proposals would be best. Mayor Waldorf commented that all the proposed projects were desirable.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION A.

COUNCIL MEMBER ANDRESEN MOVED TO SUBSTITUTE RESOLUTION B, EXCLUDING ITEM #4.

Mayor Waldorf reminded the Council that there was already money allotted for the jug handle and a proposal would be coming in for the adjacent roadway.

COUNCIL MEMBER BROWN SECONDED COUNCIL MEMBER ANDRESEN’S MOTION TO SUBSTITUTE RESOLUTION B.

Council Member Capowski asked Mr. Horton which list of projects would most likely be approved by NCDOT. Mr. Horton said he recommended adoption of Resolution A.

THE MOTION TO SUBSTITUTE RESOLUTION B, MINUS ITEM #4, FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS ANDRESEN AND BROWN VOTING YES.

RESOLUTION A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST FUNDING ASSISTANCE FROM OUR STATE TRANSPORATION BOARD MEMBER FOR SELECTED SMALL URBAN IMPROVEMENT PROJECTS ON STATE ROADS IN CHAPEL HILL (97-11-24/R-17a)

WHEREAS, the Council of the Town of Chapel Hill is interested in obtaining funds for certain small improvement projects on State roads in Chapel Hill; and

WHEREAS, the Town’s representative on the State Transportation Board, Mr. Doug Galyon, is interested in assisting the Town with funding for said small urban improvement projects to the extent possible with resources available to him; and

WHEREAS, the Council has identified the following projects as possible candidates for State funding through our Transportation Board Member:

1. Complete the second leg of the “jug handle” improvements on Dobbins Road at its intersection with Erwin Road. The State constructed the first phase improvements at the northeast quadrant of the intersection last year. This proposed project would complete the improvements at the northwest quadrant of the intersection. (Estimated Cost : $225,000)

2. Perform a traffic signal study and install traffic signals (if warranted) at the intersection of N.C. 86 and Stateside Drive. The State had previously agreed to study this intersection as part of the N.C. 86 Improvement Project once more was known about the timing of the Northern Community Park development and adjacent private development projects. That information is now available for traffic projections. (Estimated Cost: $65,000)

3. Provide intersection and related roadway improvements at and near the intersection of U.S. 15-501 (Fordham Boulevard) and Europa Drive/Erwin Road. This would involve the addition of turn lanes on U.S. 15-501, intersection and traffic signal reconfiguration, and associated improvements on Europa Drive and Erwin Road to improve traffic flow efficiency and safety. (Estimated Cost: $200,000)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to request funding assistance from our State Transportation Board Member for the above listed small urban improvement projects on State roads in Chapel Hill.

This the 24^th day of November, 1997.

Item 12 Draft Regional TIP Priority List

Senior Transportation Planner David Bonk briefly reviewed the proposed draft regional transit priority list.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 18. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION PROVIDING THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE COMMENTS CONCERNING THE DRAFT 1999-2005 REGIONAL PRIORITY LIST (97-11-24/R-18)

WHEREAS, the Town of Chapel Hill has prepared a 1999-2005 Transportation Project Priority List and submitted that list to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee; and

WHEREAS, the Transportation Advisory Committee has prepared a draft 1999-2005 Regional Transportation Priority List; and

WHEREAS, the Transportation Advisory Committee has requested public comment on that draft Regional List;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council submits the following comments:

· The regional ranking for Chapel Hill projects should reflect the same priority order as the local priority list adopted by the Town Council;

· The Regional Priority List should only be used as a general guideline for

developing the Metropolitan Transportation Improvement Program;

· The Transportation Advisory Committee should consider other factors such as the need to maintain existing transit service, promoting bicycle and pedestrian use and previous funding of projects in developing the Metropolitan Transportation Improvement Program;

· The Transportation Advisory Committee should revise the weighting criteria prior to the development of the 1999-2005 Program to better balance non-highway projects with highway projects and to reflect the local priority of projects; and

· All projects with 70 points should be included in the Priority List.

BE IT FURTHER RESOVLED, that the Council amends the Chapel Hill FY1999 Transit Capital program to include construction of a park-ride facility along NC 54 in Carrboro.

This the 24th day of November, 1997.

Mr. Bonk said that adoption of Resolution 19 would amend the existing TIP in fiscal year 1998 and provide funds for the construction of a park and ride lot in Carrboro in 1999.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 19. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN AMENDMENT TO THE 1998-2004 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM FOR THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA (97-11-24/R-19)

WHEREAS, it is the policy of the Town of Chapel Hill to maintain a balanced transportation system for the citizens of the service area; and

WHEREAS, the Town of Chapel Hill has operated park/ride transit service to commuters in the NC 54 West corridor under contract to the Town of Carrboro and the owner of the Carrboro Plaza Commercial area since 1985; and

WHEREAS, the Town of Chapel Hill has been notified by the owner the Carrboro Plaza Commercial area will no longer be available for park/ride transit service to commuters; and

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee is responsible for amending the Metropolitan Transportation Improvement Program; and

WHEREAS, the Town of Carrboro has asked the Town of Chapel Hill to assist in the selection and funding of a new park/ride lot in the N C 54 West corridor; and

WHEREAS, the Town of Chapel Hill has considered its transportation needs and amends those projects previously identified that would meet the Town’s transportation goals;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee amend the FY1998-2004 Metropolitan Transportation Improvement Program to include the selection and funding for a new park and ride facility in the NC 54 corridor in the Town of Carrboro:

FY1998 Engineering/Design $70,000

Land Acquisition $800,000

FY1999 Construction $800,000

BE IT FURTHER RESOLVED that the Council directs the Town Manager to transmit this adopted amendment to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee for consideration.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to seek a location and source of funding for land acquisition and construction of a park-ride facility to serve the NC 54 corridor in Carrboro.

This the 24th day of November, 1997.

Item A

COUNCIL MEMBER ANDRESEN, SECONDED BY COUNCIL MEMBER PAVÃO, MOTIONED TO ADD THE WORDING “OWASA BOARD OF DIRECTORS’MEETING” TO CLARIFY THE OCTOBER 27, 1997 MINUTES. COUNCIL VOTED UNANIMOUSLY TO APPROVE THE MINUTES OF OCTOBER 27^TH AS REVISED (9-0).

Item S

Council Member Brown requested a change on page six to guarantee standard application forms or documents.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 11.1 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TO REVISE THE GUIDELINES FOR THE SECOND MORTGAGE PROGRAM (97-11-24/R-11.1)

WHEREAS, on June 24, 1997, the Town Council established a second mortgage program for the Pine Knolls neighborhood; and

WHEREAS, on August 25, 1997, the Council approved guidelines for the HOME Program Community Revitalization Loan Fund; and

WHEREAS, on October 27, 1997, the Town received a request from the Northside Community Association to extend the second mortgage program to include the Northside neighborhood;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Northside neighborhood is eligible to receive second mortgage assistance funds through the Town of Chapel Hill Neighborhood Revitalization activity.

BE IT FURTHER RESOLVED that the Council adopts the following guidelines for the second mortgage program:

Income Requirements

Loans are available to households earning less than 70% of the area median income by household size.

Residency Requirement

The program will require that the prospective buyer must live or work in Orange County for at least one year prior to purchasing a home under this program.

First Time Homebuyer

This program will be made available to first time homebuyers.

Amount of Subsidy

The maximum subsidy a buyer can receive is 30% of the sales price of the house.

Eligible Property Types

Funds can be used for single family dwelling units, condominium units or townhouses.

Principal Residence

The loan agreement will include a provision that states that the house will be used by the buyer as their primary residence. Buyers will not be permitted to use the property as a rental unit during the required twenty year affordability period.

Property Standards

The program will require that all prospective property must be inspected for health and safety defects prior to purchase. At minimum, the property must meet the Town of Chapel Hill minimum housing code standards at the time of initial occupancy.

If the house does not meet the Town’s minimum housing code standards, and repairs are necessary, the non-profit agency must ensure that the work is done properly. Payments will be processed for the rehabilitation work if the non-profit agency certifies that the work has been done satisfactorily. Representatives of the Town will be able to inspect the rehabilitation work in progress when partial payments are requested by the non-profit agency. All funds spent during rehabilitation will be secured by a Deed of Trust and Promissory Note.

Final payment for rehabilitation work will be made when all repair work has been inspected by the Town’s Inspections Department to certify conformance with local building codes and minimum housing codes. The Town of Chapel Hill Inspections Department will certify conformity with the minimum housing code.

After the purchase, the buyer will be responsible for maintaining the dwelling unit in good condition throughout the affordability period.

Property Value

The value of the Town assisted property to be acquired by a homebuyer cannot have a value that exceeds 95% of the area average purchase price for that type of housing in Orange County.

Property value can be established by an appraisal of a qualified appraiser, or current tax assessments computed at 100% of market value.

Transfer of property that includes rehabilitation requires an appraisal. If rehabilitation of a house is required, the appraised value of the property (not the purchase price) after rehabilitation cannot exceed 95% of the average area value. The after rehabilitation value estimate must be completed prior to the investment of Town funds.

Refinancing

An owner will be permitted to refinance their first mortgage provided that the total amount of all loans secured by the property including the Town’s second mortgage would not be greater than the original purchase price. The Town must approve all refinancing.

Period of Affordability

The required period of affordability is twenty years. The second mortgage will be forgiven at a rate of 5% per year for twenty years. The second mortgage will be forgiven at the end of the affordability period.

Recapture / Resale Provisions

Upon sale of the property before expiration of the twenty year Period of Affordability, the owner will be required to repay the principal second mortgage amount. If the proceeds from sale are not sufficient to recapture the Town’s full investment, plus enable the owner to recover the amount of the owner’s down payment, principal payments, and any capital improvement investment, recapture provisions for the Town’s investment may be reduced.

The amount recaptured in the Town’s second mortgage will be reduced pro-rata based on the amount of time the owner has owned and occupied the unit measured against the required Period of Affordability. If the owner complies with the terms of the Deed of Trust and Declaration Deed Restrictions, and as long as the property is used for affordable housing, the Town’s second mortgage will be forgiven at the end of the twenty year Period of Affordability.

All proceeds from the sale of the dwelling unit acquired, constructed and/or rehabilitated with Town second mortgage funds will be reused for affordable housing purposes.

Responsibilities of the 501 (c ) (3) Non-Profit Organization

The organization sponsoring, developing, or serving as an advocate for the potential homebuyer must provide the following information:

1. Certification that the buyer meets all eligibility criteria;

2. Evidence that primary financing has been obtained by the homebuyer;

3. Copies of all building inspections reports; and a

4. Statement of property value.

The non-profit organization must provide evidence that they have explained the program guidelines to the potential homebuyer including, but not limited to the following documents: Declaration of Deed Restrictions; Deed of Trust; and Promissory Note.

Funds will be disbursed to the appropriate party when this information is submitted and reviewed for compliance with the policies established in these guidelines.

This the 24^th day of November, 1997.

Item G

Council Member Brown inquired who had been notified about the proposed skateboarding facility at Northern Community Park. Mr. Horton said that all of the members of the Parks and Recreation Commission had been notified about this item on the agenda. He added that all property owners within 1,000 feet of the proposed facility had received notification during the special use permit process.

Interim Parks and Recreation Director Bill Webster stated that the closest residence was 700 feet from the skateboard facility. He added that two undeveloped properties were located 70 and 150 feet away. He said that another property, 500 feet away, was unoccupied but under development. Mr. Webster said that everyone involved had been notified about the lighted skateboard park but not about the proposed ordinance change.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE PROPOSED ORDINANCE AMENDMENT (O-2). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND CHAPTER 11 OF THE TOWN CODE TO ALLOW SKATEBOARD FACILITIES IN CERTAIN TOWN PARKS (97-11-24/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Town Code is amended as follows:

SECTION I

Chapter 11 of the Town Code is hereby amended by adding a new Section 11-15 to read as follows:

“Section 11-15: Exemption for Town Facilities

Skateboard ramps and facilities operated within Town-owned public parks that are 35 acres or more in size are exempted from the provisions of Sec. 11-13 and Sec. 11-14.”

SECTION II

This Ordinance is effective upon adoption.

This the 24^th day of November, 1997.

Item J

Council Member Franck said that he was not sure whether it was necessary to require that trash deposited in dumpsters be sealed in plastic bags. Mr. Horton explained the danger to sanitation workers from debris, liquids, and other refuse. He said that requiring plastic bags was considered a best management practice.

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

Council Member Andresen expressed concern that there would be too many plastic bags in the landfill if this amendment were passed. Mr. Heflin explained that the trash compactor on sanitation trucks burst plastic bags before they reached the landfill facility.

Council Member Andresen asked how much volume would be added to the volume of the landfill by the use of plastic bags. Mr. Horton replied that that this was an insignificant amount when compared to the health and safety of the Town’s sanitation workers.

THE COUNCIL VOTED UNANIMOUSLY TO ADOPT ORDINANCE 3 (9-0).

AN ORDINANCE AMENDING ARTICLE II, CHAPTER 8 OF THE TOWN CODE TO REQUIRE HOUSEHOLD REFUSE AND GARBAGE TO BE PLACED IN WATERTIGHT BAGS AND SECURED AT THE TOP BEFORE PLACEMENT IN HOUSEHOLD REFUSE CONTAINERS (97-11-24/O-3)

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

Section 1. Section 8-23 of the Town Code is hereby amended to read as follows:

“Sec. 8-23. Refuse receptacles required.

Every person producing or having garbage or household refuse collected by the town shall provide and keep on the premises or property occupied or used by him/her, refuse receptacles or bulk containers to handle all accumulations of garbage and household refuse on said premises or property in the interval between collections by the town. (The exceptions are those premises/properties located in a designated downtown disposal area served by a town-provided compactor and those premises/properties outside the designated area that request and are accepted by the town manager to be included.) Every person shall dispose of all household refuse and garbage which accumulates on his/her premises in a clean and sanitary manner by placing it in the refuse receptacle, yard waste containers, bulk containers or compactor in order to protect the safety and health of town employees and the public at large. All garbage and household refuse shall be placed in watertight bags and secured at the top to prevent spillage before being placed in refuse receptacle. The town will not make pickups from condemned refuse receptacles, yard waste containers or bulk containers.”

Section 2. Section 8-44 (a) is hereby amended to read as follows:

“(a) Any violation of sections 8-23, 8-34, 8-24.1, 8-25, 8-26, 8-33, 8-35 or 8-38 shall constitute a civil violation and be subject to a civil penalty in the amount of twenty-five dollars ($25.00). Each day that a violation continues uncorrected shall constitute a separate violation. In addition, the Town may refuse to empty any receptacle containing loose household refuse or garbage in violation of Sec. 8-23.”

Section 3. This ordinance shall be effective March 1, 1998.

This the 24^th day of November, 1997.

Item 4.2D

Council Member Capowski commented that the Citizen’s Energy Task Force was studying energy use in buildings, but he believed that it would be more useful to address energy consumption by vehicles. Council Member Capowski said he thought it would be more cost effective to spend money on things related to conserving gasoline and diesel fuel such as catalytic converters and carburetors. He asked for a cost comparison of energy consumption between buildings and motor vehicles.

Mr. Horton said that Town staff would check into the matter and present a follow-up report at the Council’s next regular meeting on January 12th.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, THAT THE COUNCIL GO INTO A CLOSED SESSION TO CONSIDER A LAWSUIT AND OTHER MATTERS AS AUTHORIZED BY THE NORTH CAROLINA GENERAL STATUTES SECTION 143-318.11A3 AND A5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting stood adjourned at 10:15 p.m.