SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL,

MONDAY, JULY 6, 1998 AT 7:00 P.M.

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m. Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, and Edith Wiggins. Council Member Pavão was unable to attend. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Clerk Peter Richardson and Town Attorney Ralph Karpinos.

There were no ceremonies or hearings.

Item 3 Petitions

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO REFER A PETITION FROM MICHAEL LUGER, REGARDING TOWN SPONSORSHIP OF A RECEPTION FOR AN INTERNATIONAL CONFERENCE ON SCIENCE AND TECHNOLOGY POLICY AND REGIONAL ECONOMIC DEVELOPMENT, TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Waldorf noted that the petition from Madeline Doucas regarding traffic calming devices, listed on this evening’s agenda, had been referred to Town staff at the Council’s July 2^nd meeting.

Steve Manton requested that the Council grant an expedited review of Chapel Hill Internal Medicine’s proposed new building on Airport Road. Mr. Manton stated that the practice served more than 16,000 patients each year and had outgrown its current facility.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER MR. MANTON’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Madeline Jefferson presented two letters to the Council, one from Robert Foley, President of the Oaks I Homeowners Association, and the other from several Oaks I residents, in opposition to the petition from the Little Creek Neighborhood Association regarding traffic calming devices on Oakwood and Rogerson Drives. Ms. Jefferson stated that existing no-through truck signs and stop signs on Rogerson Drive effectively served as traffic devices. She also stated that although both Oakwood and Rogerson Drives were connector roads, they were not heavily traveled. Ms. Jefferson urged the Council to undertake a traffic study of the area and to hold a public hearing on the traffic study in the future. She requested that the traffic study include the intersection of NC 54 and U.S. 15-501.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Aaron Nelson reported to the Council that the recently completed filming of “Patch Adams” had been a major success in terms of revenue produced for the Town. He noted that were a total of 5,200 film-related night stays in hotels located within Town limits.

Noting that the Council was nearing its annual “summer meeting break” period, Council Member Wiggins urged the Council not to add many requests to the Town staff’s work load during this period. Council Member Wiggins suggested that Town staff could use this period to catch up with existing requests for reports and studies and to spend some time renewing and refreshing themselves.

Council Member McClintock, in response to the Orange Water & Sewer Authority (OWASA) Board of Directors’ request to the local legislative delegation to withdraw House Bill 1592, and the letter to Mayor Waldorf, signed by both the Orange and Chatham County Commissioners, protesting this request, proposed the following resolution and asked the Council to adopt it:

A RESOLUTION REGARDING REVIEW OF DECISIONS BY OUTSIDE ENTITIES

(98-7-6/R-0.1)

WHEREAS, the Town Council supports the principles of mutual coordination and consultation among neighboring cities, counties and regional organizations; and

WHEREAS, the Town Council strongly supports the importance of control of land use and development decisions by local elected representatives; and

WHEREAS, the Town Council believes OWASA needs to directly articulate its concerns to its constituent governments before taking legislative positions; and

WHEREAS, the proposed legislation would give local accountability and responsibility to County Commissioners for decisions affecting land use and development, an authority already possessed by two-thirds of North Carolina counties;

NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council requests that the OWASA Board of Directors reconsider its objection to the proposed legislation, rescind its resolution of June 25^th, 1998 and consider supporting this legislation in this session of the General Assembly.

This the 6^th day of July, 1998.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT THE FOREGOING RESOLUTION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Bateman requested a report from staff regarding batting cages.

Mayor Waldorf inquired whether or not the Council would be agreeable to recessing the meeting at the conclusion of this evening’s session, to 5:30 p.m. on Wednesday, July 8^th. There was Council concurrence to do so.

Item 4 Consent Agenda

Mr. Horton advised the Council that the reason there was a replacement resolution for Item 4m, the Draft 2025 Urban Regional Transportation Plan, was because there were some questionable numbers and some citizens had requested a revised resolution.

Council Member Capowski moved removal of items m and q from the consent agenda. Mayor Waldorf noted that two Council Member representatives were needed for participation on the proposed committee regarding recreational programming for at-risk youth. Council Members Bateman and McClintock volunteered to participate as the Council’s representatives.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT THE CONSENT AGENDA AS PRESENTED, EXCEPTING ITEMS M AND O. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(98-7-6/R-1)

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

a.	Minutes of April 29, May 13, 18 and 26, 1998.
b.	Award of bid for street resurfacing. (R-2).
c.	Rejection of bids for crawler dozer at the landfill. (R-3).
d.	Award of bid for hook-lift recycling truck. (R-4).
e.	Approval of proposed site lease at Cedar Falls Park for construction of a cellular telephone tower. (R-5).
f.	Approval of proposal to construct an access trail and sell Town land adjacent to the Bolin Creek Trail. (R-6a).
g.	Approval of proposal to place cellular phone facility at Northern Community Park. (R-7).
h.	Authorization for change order regarding construction work at Hargraves Gymnasium. (R-8).
i.	Authorization to participate with Carrboro in joint at-risk youth recreation programming opportunities. (R-9a).
j.	Authorization to enter interlocal agreement with OWASA for joint Lower Booker Creek projects. (R-10).
k.	Certification of firefighter roster for pension fund. (R-11).
l.	Authorization for budget amendment for the Chapel Hill Library. (O-1*).
m.	Adoption of Draft 2025 Regional Transportation Plan Socio-Economic projections. (R-13).
n.	Award of bid for comprehensive rehabilitation work at the Craig-Gomains public housing neighborhood. (R-14).
o.	Town’s participation in the North Carolina Regional Air Quality Coalition and adoption of the Town’s response to the air quality alert program. (R-15).
p.	Authorization to negotiate two lease agreements for the provision of park/ride lot facilities in Carrboro. (R-16a and b).
q.	Authorization of performance agreement with the Orange Community Housing Corporation for the Scarlett Drive project. (R-17) (R-18) (O-2).
r.	Authorization to add funds for performance agreements with the Orange Community Housing Corporation and the Joint Orange Chatham Community Action program. (R-19) (R-20).
s.	Reclassification in the Parks and Recreation Department from Secretary I position to a Secretary II. (O-3).
t.	Endorsement of use of guns collected in the Chapel Hill “Buy Back the Hill” gun buy back effort in a peace sculpture. (Mayor Waldorf) (R-21).
u.	Approval of meeting schedule changes. (R-22).

This the 6^th day of July, 1998.

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING OF STREETS

(98-7-6/R-2)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in the Chapel Hill News/Village Advocate on May 20, 1998, in accordance with G.S. 143-129 for the resurfacing of streets; and

WHEREAS, the following bids were received, opened and publicly read on June 10, 1998:

Base Bid

I-2 I-1 Resurfacing

Vendor Asphalt Asphalt Total Alternates Total

Nello L. Teer 233,700 90,200 323,900 40,965.35 364,865.35

C. C. Mangum 294,690 105,600 400,290 36,651.30 436,941.30

Riley Paving 273,315 105,490 378,805 23,373.36 402,178.36

Lee Paving Co. 280,725 108,900 389,625 37,659.50 427,284.50

Thompson-Arthur 256,500 96,800 353,300 45,551.40 398,851.40

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the June 10, 1998, bid of Nello L. Teer Company as adjusted for street resurfacing in the amount of $364,865.35, including alternates, received in response to the Town's request for bids published on May 20, 1998, and opened on June 10, 1998, in accord with G.S. 143-129.

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with Nello L. Teer Company in the amount of $364,875.35 and to initiate and sign change orders to the contract, provided that the contracted cost of resurfacing and milling shall remain within the budget.

BE IT FURTHER RESOLVED that this contract may be extended by one year if mutually agreeable to the Town and Nello L. Teer Company at the same unit prices.

This the 6^th day of July, 1998.

A RESOLUTION REJECTING ALL BIDS FOR THE PURCHASE OF A CRAWLER DOZER (P98-110) (98-7-6/R-3)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in the The Chapel Hill News/Village Advocate Classifieds on May 24, 1998, in accordance with G.S. 143-129 for the purchase of a crawler dozer; and

WHEREAS, the following bids have been received and opened on June 18,1998:

VENDOR BID

(3 yr. Warranty) (5 yr. Warranty)

Mitchell Distributing Company $189,175 $190,565

North Carolina Equipment Co. $154,654 No Bid

Gregory Poole Equipment Company $188,510 $188,510

WHEREAS, the low bidder was non-responsive to the specifications;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town rejects all bids.

This the 6^th day of July, 1998.

A RESOLUTION ACCEPTING A BID FOR ONE DIESEL POWERED, TANDEM AXLE TRUCK (Bid: P99-103) (98-7-6/R-4)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on June 12, 1998 in accordance with General Statute 143-129 for a diesel-powered, tandem-axle truck; and

WHEREAS, the following bids were received and opened on June 24, 1998:

INSERT BID SUMMARY SHEET

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill the Town accepts the bid of Carolina Environmental Systems, Inc. in the amount of $106,596.00.

This the 6^th day of July, 1998.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A SITE LEASE FOR A PORTION OF CEDAR FALLS PARK FOR THE PURPOSE OF ALLOWING SPRINTCOM, INC. TO CONSTRUCT A CELLULAR TELEPHONE TOWER (98-7-6/R-5)

WHEREAS, the Town Council has adopted a franchise ordinance on two readings allowing SprintCom Inc. to operate a telephone utility in Chapel Hill; and

WHEREAS, SprintCom has agreed to construct a transmission tower in a manner that is acceptable to the Council; and

WHEREAS, SprintCom’s cellular telephone transmission tower could provide a service to the citizens of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a lease with SprintCom Inc. for a portion of Cedar Falls Park, approximately 16 feet X 25 feet in size and all necessary utility easements, for the purpose of constructing and maintaining a cellular telephone transmission tower.

BE IT FURTHER RESOLVED by the Council that the lease agreement is to contain the following conditions:

§ SprintCom, Inc. will remove an existing 70-foot high Town-owned light pole and replace it with a wood laminated 80-foot transmission tower, which will be built and maintained at the company’s expense. The company will reattach the Town’s lights to their tower at the 70-foot level and re-aim the lights to attain maximum coverage of the ballfield.

§ The transmission devices will be located at or below 80 feet in height and will be of a “flush mount” type.

§ The tower will be freestanding and will have no additional supporting wires or cables.

§ A landscaping plan will be approved by the Town Manager.

§ The term will be 5 years with a possible extension for a second five years at the company’s discretion.

§ The Town will receive $20,000 in the first year for use of Town property. The lease amount will increase by 3% each year for years two through five. The lease amount will increase to $24,000 on year six and increase 3% each subsequent year through year ten.

§ The Town will have the right to attach radio communications equipment to the pole without rent at a height of 60 to 65 feet so long as SprintCom’s services are not adversely affected.

§ All utilities serving the tower will be underground.

This the 6^th day of July, 1998.

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE A PERFORMANCE AGREEMENT WITH THE OWNERS OF THE CAFÉ DRIADE TO ALLOW CONSTRUCTION OF AN ACCESS TRAIL ON TOWN PROPERTY

(98-7-6/R-6a)

WHEREAS, the owners of the Café Driade have petitioned the Council to request permission to build a trail from the Town’s Bolin Creek Trail to their place of business; and

WHEREAS, one purpose of the Bolin Creek Trail is to provide for pedestrian and non-motorized vehicle transportation; and

WHEREAS, the owners of the Café Driade have agreed to bear all costs associated with the construction and maintenance of such a trail; and

WHEREAS, the1998 Greenways Master Plan encourages the construction of connector and access trails;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to negotiate and execute a performance agreement with the owners of the Café Driade that would allow for the construction of an access trail on Town property so long as the Town bears none of the costs associated with construction and maintenance of the trail and in accordance with the other terms and conditions discussed in the Town Manager’s Memorandum of July 6, 1998.

This the 6^th day of July, 1998.

A RESOLUTION INDICATING THE COUNCIL’S INTENT TO ENTER INTO SITE LEASE AND EASEMENT AGREEMENTS FOR A PORTION OF THE NORTHERN COMMUNITY PARK FOR THE PURPOSE OF ALLOWING SPRINTCOM, INC. AND DUKE ENERGY TO CONSTRUCT AND MAINTAIN A CELLULAR TELEPHONE TOWER (98-7-6/R-7)

WHEREAS, the Council has adopted a franchise ordinance on two readings allowing SprintCom Inc. to operate a telephone utility in Chapel Hill; and

WHEREAS, Duke Energy has agreed to place a cellular transmission tower on top of an existing tower designed for the transmission of electricity; and

WHEREAS, SprintCom and Duke Energy have agreed to construct a transmission tower in a manner that is acceptable to the Council; and

WHEREAS, SprintCom’s cellular telephone transmission tower could provide a service to the citizens of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby indicates its intent to enter into the following agreements with SprintCom and Duke Energy that would allow the installation and operation of a communications transmission tower on top of an existing electrical transmission tower in the Northern Community Park:

· A lease agreement with SprintCom that would allow the placement of transmission equipment on the Northern Community Park site.

· A modification of an existing easement agreement with Duke Energy that would allow Duke Energy to use the current easement for communications transmissions in addition to electricity transmissions.

· A modification of the Town’s Northern Community Park access drive easement that would allow the placement of needed utilities.

BE IT FURTHER RESOLVED by the Council that the Town Manager is authorized to negotiate a lease agreement with SprintCom Inc. and modifications in existing easement agreements with Duke Energy for later Council consideration, notify all landowners owning property with 1,000 feet of the proposed site, notify the residents of the Rainbow Heights Public Housing neighborhood, and follow all requirements of G.S. § 160A-272 prior to the Town’s execution of the proposed lease and easement agreements.

This the 6^th day of July, 1998.

A RESOLUTION ACCEPTING THREE CHANGE ORDERS TOTALING $14,003.62 FOR THE HARGRAVES GYMNASIUM PROJECT AND AUTHORIZING THE EXPENDITURE OF UP TO $10,000 IN FUTURE CHANGE ORDERS (98-7-6/R-8)

WHEREAS, potential design changes were identified that could improve the use and efficiency of the Hargraves Gymnasium; and

WHEREAS, unsuitable soils were discovered at two areas within the construction site; and

WHEREAS, change orders are pending that would authorize expenditures for removal of poor soils, installation of custom cover plates, installation of tile bases, and redesign of the gym’s control room; and

WHEREAS the Town Council does not meet again until August 24 and we intend to close out this project by then;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the payment of $14,003.62 for three pending change orders and as much as another $10,000, if necessary and the project budget permits, for other changes to Engineered Construction Company, Inc., the Hargraves Gymnasium project’s general contractor.

This the 6^th day of July, 1998.

A RESOLUTION AUTHORIZING THE MANAGER TO PARTICIPATE IN A JOINT CHAPEL HILL/CARRBORO WORKING GROUP TO EXPLORE POSSIBLE RECREATION OPPORTUNITIES FOR AT-RISK YOUTH (98-7-6/R-9)

WHEREAS, the Town of Chapel Hill recognizes the value of quality recreation opportunities and the role they play in guiding our youth; and

WHEREAS, the Town of Chapel Hill wishes to work cooperatively with neighboring jurisdictions to address issues at-risk youth;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council designates Council Member Bateman and Council Member McClintock to work with Carrboro elected officials and authorizes the Town Manager to participate in a joint Chapel Hill/Carrboro working group to explore possible recreation opportunities for at-risk youth.

This the 6th day of July, 1998.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH OWASA TO PROVIDE FOR A JOINT PROJECT ALONG BOOKER CREEK (98-7-6/R-10)

WHEREAS, the Town Council of Chapel Hill has authorized the planning and construction of a greenway along Booker Creek from Booker Creek Road to East Franklin Street; and

WHEREAS, the Orange Water and Sewer Authority plans to build a replacement sanitary sewer line along the same portion of Booker Creek;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to enter into an interlocal agreement with OWASA in substantially the same form and substance as the draft presented to the Council at its July 6, 1998 meeting, and including the following principles:

1. OWASA will select the design consultant, which firm shall include a landscape design sub-consultant for the greenway.

2. Costs of design and construction shall be paid by OWASA as they relate to the sanitary sewer and by the Town as they relate to the greenway, while the costs of activities that relate to both shall be shared.

3. The design consultant shall report to OWASA, but the OWASA staff shall work closely with Town staff to ensure that the Town’s design requirements are met, and the Town staff shall have access to the designers.

4. Construction bidding shall be administered by OWASA, with costs for each project separately identified and costs related to both also identified.

5. The Town will have the right to reject any bids related to expenses solely for trail construction.

6. The construction contract shall be awarded, entered into and administered by OWASA.

7. Change orders related to the greenway shall be approved and funded by the Town.

8. Each party will retain ownership of its easements and be responsible for their maintenance, while allowing the other party use of the easement.

9. The agreement could be terminated by either party, at which point costs already incurred would be equitably divided, and each party would be responsible for additional costs incurred for its portion of the work.

This the 6^th day of July, 1998.

A RESOLUTION AUTHORIZING CERTIFICATION OF FIREFIGHTERS

(98-7-6/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to certify to the North Carolina Firefighters’ Pension Fund the attached roster of firefighters employed by the Town of Chapel Hill on June 30, 1998.

This the 6^th day of July, 1998

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998” (98-7-6/O-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, 1998" as duly adopted on June 8, 1998 be and the same is hereby amended as follows:

ARTICLE I

Current Increase Decrease Revised

APPROPRIATIONS Budget Budget

GENERAL FUND

LIBRARY 1,558,697 13,600 1,572,299

ARTICLE II

REVENUES

GENERAL FUND

GRANTS 527,000 13,600 540,600

This the 6^th day of July, 1998.

A RESOLUTION ACCEPTING AND AWARDING THE BID FOR THE COMPREHENSIVE REHABILITATION OF CRAIG-GOMAINS APARTMENTS

(98-7-6/R-14 )

WHEREAS, the Town of Chapel Hill solicited formal bids by advertisement in The Chapel Hill News on May 10, 1998 and June 12, 1998, and in The Challenger Newspaper on May 14, 1998, in accordance with G. S. 143-128 for the construction work; and

WHEREAS, the following bids were received and opened June 19, 1998:

SINGLE PRIME - ENTIRE PROJECT:

VENDOR BASE BID ALTERNATE 1 ALTERNATE II

Riley Contracting

Group, Inc.

Cary, N. C. $1,010,600 $720,300 $171,600

CONSTRUCTION CONTRACT ONLY:

Gerald T. Stay Co., Inc.

Buffalo, N. Y. $868,000 $560,000 $208,000

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the base bid and awards the contract to Riley Contracting Group, Inc. in the amount of $1,010,600 for the Comprehensive Rehabilitation of Craig-Gomains Apartments.

BE IT FURTHER RESOLVED that the Manager is authorized to negotiate additional work from Alternates I and/or II under the current bid prices, and present such change order to the Council at its August 24 meeting.

This the 6^th day of July, 1998.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE A LEASE AGREEMENT WITH THE STATE OF NORTH CAROLINA REPRESENTING THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, FOR THE PROVISION OF A PARK/RIDE LOT IN THE NC 54 WEST CORRIDOR OF CARRBORO (98-7-6/R-16a)

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 that the commercial area will no longer be available for park/ride transit service to commuters; and

WHEREAS, the State of North Carolina (University of North Carolina at Chapel Hill) owns land in the NC 54 West corridor which it is willing to lease to the Town of Chapel Hill for the provision of park/ride facilities to serve commuters;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to negotiate a lease agreement for the development of a park/ride lot in the NC 54 East corridor of Carrboro.

This the 6^th day of July, 1998.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND ENTER INTO A LEASE AGREEMENT WITH Carrboro-Belman Shopping Center, LP. FOR THE PROVISION OF A PARK/RIDE LOT IN THE NC 54 WEST CORRIDOR OF CARRBORO (98-7-6/R-16b)

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 been notified by Carrboro-Belman Shopping Center, LP., the owner the Carrboro Plaza Shopping Center, that the lot will no longer be available for park/ride transit service to commuters; and

WHEREAS, the Town of Chapel Hill has been notified by Carrboro-Belman Shopping Center, LP. that an alternate site on its property is available for lease to the Town for the development of approximately 140 park/ride spaces to serve commuters;

This the 6^th day of July, 1998.

A RESOLUTION AUTHORIZING A GRANT OF $23,770 OF COMMUNITY DEVELOPMENT FUNDS TO THE ORANGE COMMUNITY HOUSING CORPORATION FOR PRE-DEVELOPMENT COSTS FOR THE SCARLETT DRIVE PROJECT (98-7-6/R-17)

WHEREAS, the Orange Community Housing Corporation assists the Town of Chapel Hill with carrying out the housing goals of its Comprehensive Plan and Consolidated Plan; and

WHEREAS, on October 16, 1996, the Town Council budgeted $23,770 of Community Development funds to the Orange Community Housing Corporation for site development costs for the Scarlett Drive project; and

WHEREAS, on June 10, 1998, the Orange Community Housing Corporation requested to use the previously budgeted $23,770 of Community Development funds for pre-development costs;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council authorizes a grant of $23,770 of Community Development funds to the Orange Community Housing Corporation for predevelopment costs for the Scarlett Drive project.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute a Performance Agreement with the Orange Community Housing Corporation for use of these funds.

This the 6^th day of July, 1998.

A RESOLUTION AUTHORIZING A $20,000 LOAN FROM THE TOWN’S HOUSING LOAN TRUST FUND TO THE ORANGE COMMUNITY HOUSING CORPORATION FOR ARCHITECTURAL FEES FOR THE SCARLETT DRIVE PROJECT (98-7-6/R-18)

WHEREAS, the Orange Community Housing Corporation assists the Town with carrying out the housing goals of its Comprehensive Plan and Consolidated Plan; and

WHEREAS, on June 10, 1998, the Orange Community Housing Corporation requested a loan from the Town’s Housing Loan Trust Fund to pay for architectural fees for the Scarlett Drive project;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes a $20,000 loan from the Housing Loan Trust Fund to Orange Community Housing Corporation for architectural fees for the Scarlett Drive project.

BE IT FURTHER RESOLVED that the Town’s loan will be converted into deferred second mortgages for the future homeowner.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute a Performance Agreement with the Orange Community Housing Corporation for these funds.

This the 6^th day of July, 1998.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (98-7-6/O-2)

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, 1998” as duly adopted on June 8, 1998 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

HOUSING LOAN TRUST

FUND 80,177 20,000 100,177

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

HOUSING LOAN TRUST

FUND

Fund Balance 38,177 20,000 58,177

This the 6^th day of July, 1998.

A RESOLUTION ALLOCATING $18,000 FOR THE JOINT ORANGE CHATHAM COMMUNITY ACTION AGENCY FOR THE 1998 - 99 BUDGET YEAR (98-7-6/R-19)

WHEREAS, the Town’s 1998 - 99 adopted budget includes an appropriation of $10,000 for the Joint Orange-Chatham Community Action (JOCCA) Agency; and

WHEREAS, JOCCA has requested $8,000 from the Town for the 1998 - 99 budget year; and

WHEREAS, the Town’s 1998 - 99 adopted budget includes a reserve of $28,000 to be allocated as the Council desires;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council allocates an additional $8,000 from the Non-Departmental account in the General Fund to JOCCA for the 1998 - 99 budget year for a total appropriation of $18,000.

This the 6^th day of July, 1998.

A RESOLUTION ALLOCATING $69,000 FOR THE ORANGE COMMUNITY HOUSING CORPORATION FOR THE 1998 - 99 BUDGET YEAR (98-7-6/R-20)

WHEREAS, the Town’s 1998 - 99 adopted budget includes an appropriation of $50,000 to the Orange Community Housing Corporation; and

WHEREAS, the Orange Community Housing Corporation has requested $69,000 from the Town for the 1998 - 99 budget year; and

WHEREAS, the Town’s 1998 - 99 adopted budget includes a reserve of $28,000 to be allocated as the Council desires;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council allocates an additional $19,000 from the Non-Departmental account in the General Fund to the Orange Community Housing Corporation for the 1998 - 99 budget year for a total appropriation of $69,000.

This the 6^th day of July, 1998.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLANS DATED JULY 1, 1998 (98-6-8/O-6) AND OCTOBER 1, 1998 (98-6-8/O-7) (98-7-6/O-3)

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

Section I

That the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plans for Employees of the Town of Chapel Hill and Bonds of Officials" dated July 1, 1998 (98-6-8/O-6) and October 1, 1998 (98-6-8/O-7) as follows:

In Section IV, part C, in the Parks and Recreation Department DELETE the line

Full-time Part-time Grade No.

# hrs. # hrs.

Secretary I 1 37.5 1 20 13

and ADD the line

Secretary II 1 37.5 - - 15

Secretary I - - 1 20 13

Section II

This ordinance is effective upon adoption.

This the 6^th day of July, 1998.

A RESOLUTION ENDORSING THE USE OF A PORTION OF THE GUNS RECEIVED FROM THE “BUY BACK THE HILL” GUN BUY BACK PROGRAM FOR A PEACE SCULPTURE (98-7-6/R-21)

BE IT RESOLVED by the Council of the Town of Chapel Hill endorses the use of portion of the guns collected from the “Buy Back the Hill” gun buy back program in a peace sculpture which will immobilize weapons of violence into instruments of peace.

This the 6^th day of July, 1998.

A RESOLUTION MAKING COUNCIL MEETING SCHEDULE CHANGES

(98-7-6/R-22)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby makes the following changes to the Council’s meeting calendar:

· Schedule Monday, August 24^th at 5:30 p.m. as a closed session for the purpose of evaluating the Manager and Attorney.

· Reschedule the Council retreat from Saturday, August 22^nd to Saturday, August 29^th at 8:30 a.m.

· Schedule Monday, September 14^th at 6:00 p.m. to continue the closed session on the evaluation of the Manager and Attorney.

This the 6^th day of July, 1998.

Item 5 Information Reports

Council Member McClintock requested the removal of items b and d for discussion. Council Member Bateman requested the removal of item e for discussion.

Item 6 Boards and Commissions

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO MAKE THE FOLLOWING APPOINTMENTS:

Greenways Commission Laura Philpot

Human Services Advisory Board Mildred Council and Betsy Lowman

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 7 Letter from Town of Carrboro regarding Joint Planning Action

on Carrboro Small Area Plan

Mayor Waldorf said that she had received a letter from Carrboro Mayor, Michael Nelson, requesting clarification of the Council’s intent regarding the amendment to language in Resolution B titled, “A Resolution Adopting A Joint Planning Agreement Amendment.”

Council Member Capowski asked Carrboro Alderman, Alex Zaffron, to explain the language in the resolution. Mr. Zaffron said that adoption of the resolution would allow the Town of Carrboro to complete its small area plan prior to the expiration of the current development moratorium in the area and so Carrboro and Orange County could work out a number of administrative issues.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 23. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CLARIFYING THE TOWN COUNCIL’S INTENT IN APPROVING CHANGES TO THE JOINT PLANNING AGREEMENT, AS REQUESTED BY THE CARRBORO BOARD OF ALDERMEN (98-7-6/R-23)

WHEREAS, the Council considered a requested amendment to the Joint Planning Agreement, proposed by the Town of Carrboro, and voted on June 8, 1998 to approve an amendment; and

WHEREAS, the amendment approved by the Chapel Hill Town Council differed from the version approved by the Carrboro Board of Aldermen, in that the Town Council voted to remove the following sentence from the proposed amendment:

“Changes to the foregoing conditional use districts within the CDJA Transition Area may be approved by Carrboro without Orange County’s concurrence, but subject to the provisions of Section 2.3 of this Agreement requiring permit administration.” And,

WHEREAS, the Joint Planning Agreement provides that amendment of the agreement can be accomplished only concurrence of all three governing bodies that are party to the agreement;

NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby authorizes the Mayor to send a letter to the Orange County Board of Commissioners, clarifying its position regarding removal the sentence noted above. The Town Council wishes to clarify that if Orange County agrees to include this sentence, then the Town Council has no objection to this language being included in the amendment, and would consider an agreement to have been reached among the three parties to the Joint Planning Agreement regarding this amendment.

This the 6^th day of July, 1998.

Item 8 The Little Property Request for Special Use Permit Modification

Parties wishing to testify in the matter were sworn by the Town Clerk.

Planning Director Roger Waldon briefly reviewed the report from Town staff in response to the Council’s request for more accurate traffic projections. Mr. Waldon said that Town staff estimated that the former Lowes generated about 1,275 vehicle trips per day, while the proposed project would generate about 2,500 vehicle trips per day. Mr. Waldon said that Town staff did not recommend Franklin Street in order to accommodate additional traffic in this area.

Council Member Bateman inquired about sidewalk requirements for the proposed project. Mayor Waldorf said that the main focus of the project was on internal sidewalks and connections and, except for the missing segment from the Exxon Station to Eastgate, there were already sidewalks along this portion of Franklin Street. Mr. Horton said that although developers were only required to build sidewalks on their own properties, the Council could ask the applicant to make off-site sidewalk improvements.

Council Member McClintock, referring to Town staff’s traffic volume projections, inquired about the impact of 2,000 additional cars per day on the level of service at nearby intersections along Franklin Street. Mr. Waldon said that, according to the applicant’s peak-hour analysis, there was a problem with or without the proposed project, and that the project would not cause the currently acceptable level of service to decline to unacceptable levels of service. Council Member McClintock said that she had spoken with NCDOT Traffic Engineer, Tommy Dyer, about the proposed project contributing to failed intersections along Franklin Street. Council Member McClintock inquired whether the Town had sufficient right-of-way for potential future widening of Franklin Street.

Council Member Evans stated that the proposed project would have internal connections to Eastgate Shopping Center, in particular the connector which would enter Eastgate by Sal’s Ristorante, which would accommodate pedestrian traffic. Council Member Foy asked whether there were disadvantages of having protected/permitted left turns. Mr. Horton said he did not believe there were any disadvantages.

Transportation Board Chair, Ken Robinson, said that the Transportation Board recommended approval of the project because it was a business going into a business-zoned district, it would be served by three bus routes, and it was within walking distance of other destinations, particularly with the connectors to the Village Shopping Plaza.

Community Design Commission (CDC) Chair, Dianne Bachman, reviewed the Commission’s reasons for approving the project, since the developers had followed the property-specific guidelines in the recommendations for approval. Ms. Bachman said that the applicant planned significant landscape plantings, recognized that the property was in an environmentally sensitive flood plain, and proposed pedestrian access to the Village Plaza and the Eastgate Shopping Center. She also stated that parking in the front of the building was very similar to other shopping centers in the area, in keeping with village-type shopping.

Council Member Foy asked whether the Commission had addressed traffic-related concerns. Ms. Bachman responded that, since there was additional access to Franklin Street through the Exxon site, the project would improve the access. Mayor Waldorf asked Ms. Bachman about the exterior appearance requirements such as roof color and size of signs. Ms. Bachman said that the applicants had been asked to hide the HVAC unit behind Wellspring Grocery, to blend the building in with the existing character of Franklin Street and to work with Town staff regarding the size and color of signage.

William Ford of Ford Whitley Properties, the applicant’s representative, stated that his traffic engineer’s traffic volume projections were lower than Town staff’s estimates because they were based on assumptions for a “free-standing discount store” rather than a “free-standing discount superstore”.

Council Member McClintock asked Mr. Ford whether or not the applicant would consider making off-site sidewalk improvements. Mr. Ford said that the applicant would strongly consider making such improvements. Council Member Evans asked Mr. Ford whether the applicant’s traffic study had considered drive-by traffic. Mr. Ford said that the applicant’s projections assumed a worst-case scenario. Stating that 286 additional vehicle trips was an insignificant additional number, Council Member Evans said she did not feel that further traffic-related analysis was not necessary.

Referencing the projected additional 1,250 vehicle trips estimated by Town staff, Council Member Foy expressed concern that every time the Council asked for a clarification of traffic volumes, the estimated number of vehicle trips increased.

Mayor Waldorf asked what the applicant could do with the property if the Special Use Permit was denied by the Council. Mr. Waldon read a list of possible general business uses which would be allowed at the existing site. Stating that traffic volume studies were inexact at best, Council Member Brown inquired what the Town’s recourse would be if traffic conditions were worse than projected by the applicant. Mr. Waldon said that the Council could modify the special use permit, perhaps blocking off connectors to adjoining shopping centers.

Council Member Foy inquired about the disparity between the developer’s new traffic volume projections and the Town staff’s traffic volume projections. Mr. Horton said that since the applicant had presented new projections this evening, Town staff had not been able to review this information. Mr. Horton also said that he was very comfortable with the staff’s traffic volume projections presented to the Council in their agenda materials.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY. (8-0)

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT THE RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE LITTLE PROPERTY WITH THE INSERTION OF AN AMENDMENT FOR SIDEWALK IMPROVEMENTS.

Council Member McClintock said that in considering all the data, although there were a lot of good aspects of the proposed project, she was very concerned about the projected additional traffic on area streets. Council Member McClintock said she could not support the proposed resolution because of her traffic-related concerns.

Council Member Bateman suggested that the Council discuss traffic matters, within the context of comprehensive planning, at its July 8^th meeting.

Council Member Foy said that although the project was well-designed with a lot of positive attributes, he was nonetheless very concerned about projected major increases in traffic volumes.

Council Member Brown said that there was a compelling need for comprehensive traffic planning as a means of addressing traffic-related impacts before approving this development.

Stating that he wished that there were a good way to reconstruct traffic flows along this portion of the Franklin Street corridor, Council Member Capowski said he would unenthusiastically support the proposed resolution.

Council Member Wiggins said that she wanted the project to be viable, a good business serving the community and generating Town tax revenues. Council Member Wiggins said although traffic facilities were not ideal, she would support the proposed resolution.

Mayor Waldorf said she would vote for the resolution and felt that it was a good use of the site.

RESOLUTION 24A, AS AMENDED, WAS ADOPTED BY A VOTE OF 5-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, EVANS, CAPOWSKI, AND WIGGINS VOTING YES, AND COUNCIL MEMBERS BROWN, FOY AND MCCLINTOCK VOTING NO.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE LITTLE PROPERTY (98-7-6/R-24a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by ISOM Associates, P.A. on behalf of Chester Crowell Little, Jr., on property identified as Chapel Hill Township, Tax Map 45, Block C, Lot 1, if developed according to the site plan dated April 3, 1998, and compactor site plan dated April 22, 1998, and the conditions listed below:

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

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

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for the Special Use Permit for the Little Property in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by July 6, 2000 (two years from the date of Council approval) and be completed by July 6, 2001 (three years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit approves a retail development consisting of a total of 39,225 square feet, including a maximum of 33,600 square feet of general business/convenience uses and a maximum of 5,625 square feet of office-type business or clinic uses, allocated as follows:

Anchor Retail Building: 24,600 square feet

Retail Buildings (3): 3,000 square feet each

Office/Clinic Buildings (3): 1,875 square feet each

The approved development shall include a total of 39,225 square feet of Floor Area; Outdoor Space of 175,340 square feet; and a minimum of 167 parking spaces.

Uses specifically prohibited with this approval include:

· full service restaurants of greater than 2500 square feet; and

· any establishments where more than 30 percent of their revenue is generated from the sale of alcoholic beverages.

Roadway Improvements

3. Right-of-Way: That, if needed, the applicant dedicate right-of-way along the property’s East Franklin Street frontage to ensure that the right-of-way boundary is a minimum of one foot behind the sidewalk prior to issuance of a Zoning Compliance Permit.

Stipulations Related to State and Federal Governments Approvals

4. Approval of Encroachment Agreements: 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 Cross-Access Agreements

5. Approval of Cross-Access Agreements: That a shared, vehicular and pedestrian ingress, egress and regress agreement which permits vehicular travel over all relevant driveways and drive aisles between this site and the Village Plaza Shopping Center, and between this site and the Ragan Exxon Gas Station property, shall be approved by the Town and recorded at the Orange County Register of Deeds Office; and, that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

6. Shared Compactor Agreement: That a joint access agreement and shared compactor agreement with adjacent property owner(s) which assures that the refuse and/or recycling containers may be serviced across property lines and, if needed, that all parties may use the proposed trash/recycling area(s) be approved by the Town and recorded at the Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

As part of this recorded agreement, the proposed removal of dumpsters on the Village Plaza Shopping Center property near Office Building 3 shall be agreed upon and documented accordingly.

7. Sidewalk Connections: That the sidewalks on the Little property be connected with the existing sidewalks on the Village Plaza Shopping Center with painted pedestrian crosswalks.

That, with the concurrence of the N.C. Department of Transportation, and to the extent that public right-of-way exists, the existing sidewalk along the property’s Franklin Street frontage be extended to connect with existing sidewalk in the Eastgate Shopping Center.

Stipulations Related to Landscape Elements

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

9. 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 show the critical root zones of the significant trees on the site.

10. Tree Fencing: That tree fencing shall be used on the site to protect all existing vegetation and relevant root zones identified on the Landscape Protection Plan that will not be disturbed by construction.

11. Alternative Buffers: All proposed alternative buffers must be approved by the Design Commission prior to issuance of a Zoning Compliance Permit.

12. Buffer Plantings: Existing vegetation may be used to wholly or partially fulfill the buffer planting requirements. All proposed canopy trees shall be a minimum of 2” to 2½” in caliper when installed.

13. Revegetation of Existing Gravel Areas: All existing gravel areas not shown on the plans as areas to be built upon, must be restored with appropriate vegetation and landscaping.

14. Revised Planting Median: That the proposed crosswalk in front of Retail Buildings 1 and 2 be shifted to one side of the proposed planting median in order to provide a larger single area for canopy tree plantings.

Stipulations Related to Building Elevations, Lighting Plan and Utilities

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

16. Lighting Plan Approval: That a detailed lighting plan be approved by the Design Commission prior to the issuance of a Zoning Compliance Permit.

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

18. Utility Lines: That all overhead utility lines (except those on a 3-phase electrical distribution line) shall be installed underground or the lines shall be abandoned and removed.

19. Location of Water and Sewer Lines: That the water and sewer lines between the anchor building and the smaller retail buildings to the east be located underneath the drive aisles to avoid conflicts with proposed plantings in this area.

Fire Protection Stipulations

20. 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.

21. Additional Fire Hydrant: That a fire hydrant(s) be provided in the southern portion of the site, with a location(s) such that a fire hydrant is within 200 feet of travel distance to 20% or more of the floor area of each of the three Office Buildings on the rear portion of the site.

22. Fire Truck Access to Office Buildings: That “No Parking” signs and/or a Fire Lane designation be utilized to ensure fire truck access to Office Building 3 at the rear of the site.

Solid Waste Stipulations

23. Solid Waste Management Plan: 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.

24. Private Refuse Collection: That the compactor proposed to provide refuse collection for businesses on this site, and possibly businesses on the Village Plaza Shopping Center site, will have private refuse collection services, and will not be serviced by the Town of Chapel Hill.

Stormwater/Erosion Control Stipulations

25. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and a 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.

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

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

Miscellaneous Stipulations

28. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit, the applicant prepare a Transportation Management Plan for approval by the Town Manager. The required components of the Transportation Management Plan shall include:

· Provisions for designation of a Transportation Coordinator;

· Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

· Quantifiable traffic reduction goals and objectives;

· Ridesharing incentives; and

· Public transit incentives.

29. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for the Little Property in accordance with the plans and conditions listed above.

This the 6^th day of July, 1998.

Item 9 Pines Community Center Homeownership Program Discussion

Mayor Waldorf noted that Lee Butzin of the Housing and Community Development Board, Mark Royster of Central Carolina Bank, George Sanford, President of the Pines Community Center, and Charlie Zimmerli, Chairperson of the Housing and Community Development Board, were all present to offer comments and answer questions from the Council. She noted that they were the authors of the report to the Council on a proposal for the Pines Community Center, Inc. Homeownership Program.

Mr. Royster presented an overview of the proposal report and the following goals: (1) the preservation of housing in the neighborhood, (2) provision of homeownership opportunities, and, (3) building a strong neighborhood. Mr. Royster said that the key recommendation of the report was that the Council authorize an administrator of the program to be selected by a committee composed of three members selected by the Council, three members selected by the Knolls Development Association (KDA), and a seventh member, selected and agreed upon by both parties. He stated that these members would evaluate proposals received, and make recommendations for an administrator of the program, to the Council.

Council Member Wiggins thanked the Committee for their work to date. She asked Mr. Royster why the Park Road property and the other parts of the program had been treated differently. Mr. Royster responded that some infrastructure needed to be developed in the Park Road area and it had yet to be determined whether or not the goals of the proposal regarding this property could be achieved.

Council Member McClintock thanked the Committee for its good work and asked whether or not a new administrator could work with the existing outstanding problems. Mr. Royster said that the committee felt that a new administrator would be better able to deal with these problems.

Council Member Capowski thanked the group for its work and asked if Mr. Royster was in complete agreement with the proposal. Mr. Royster responded that he was. He also said that the Committee had a lot of good feedback from the Council and it had tried to take all viewpoints into consideration in preparing the final report and recommendations.

Mayor Waldorf said that she wanted to be sure that the program had clear guidelines, was professionally administrated and that the final policy-making decisions would rest with the Council. Council Member McClintock asked Mr. Horton whether there would be additional Town costs for the program. Mr. Horton said he did not know, since the Town had never had a similar type of process.

Margaret Cheek, a resident of the Pine Knolls community, expressed concern that Pine Knolls residents had not been allowed to participate in the policy-making process to date. Ms. Cheek requested that she been appointed as a member of the proposed advisory board.

Harvey Reid, a Pine Knolls resident, said that although the proposal was a good one, several Knolls residents had been advocating a similar process for a number of years. Mr. Reid also requested the Council’s assistance in ensuring that families would not be arbitrarily evicted from their homes in the Knolls community. He also encouraged the Council to develop very clear program guidelines.

Wayne Weathers, a Pine Knolls resident, said he felt that the Council should choose another organization to manage the Knolls Development Association, one which would be financially independent, with its own administrator. Mr. Weathers said he was especially concerned about political maneuvering if an administrator was hired. He also expressed concern that the Knolls Development Association would appoint representatives to serve their own agenda, rather than for the community as a whole. Mr. Weathers requested that no funds be released until an effective homeownership management system was implemented with all Pine Knolls community residents being actively included throughout the process.

Virginia Barbee, a Pine Knolls resident, said that she and her husband had resided in the Pine Knolls community for many years and that they had spent a lot of their money trying to rebuild the community and to eradicate drugs from their community. Ms. Barbee stated that members of the African-American community wanted to help themselves in efforts to preserve their community’s character and heritage. She also stated that two audits had found no significant problems with the Knolls Development Association’s programs or activities.

Mr. Horton stated that the Pine Knolls Community Center would serve as the advisory board for the administrator and that the Council would be the final decision-maker in the process.

Mr. Zimmerli said that the policies and procedures would be established by the administrator and that the individual or organization serving as administrator would report to the Town staff and the Knolls Development Association, and ultimately the Council. Mr. Royster said that it would be very important to have a board which represented the entire community. Council Member McClintock expressed support for having at least one homeowner on the board. Bo Sanford, President of the Pine Knolls Community Association, said that the Board needed to represent people who would be buying houses in the community, who would be satisfied with them, and who would believe in the program.

Mr. Royster said that the purpose of the proposal was to make certain that all views were represented. He noted that the Council would make three appointments to the Board and could choose to appoint members of the Pine Knolls community or from other neighborhoods.

Mayor Waldorf suggested adding the words, “including consultation with residents,” to the end of the sentence in #2 of the Resolution. She also said that it was important for the Council to move ahead on this matter this evening.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 25, INCLUDING THE LANGUAGE PROPOSED BY MAYOR WALDORF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO ISSUE A REQUEST FOR PROPOSALS SEEKING TECHNICAL AND ADMINISTRATIVE HELP FOR THE PINES COMMUNITY CENTER HOMEOWNERSHIP PROGRAM (98-7-6/R-25)

WHEREAS, since 1993, the Town has committed Community Development funds to revitalize the Pine Knolls neighborhood; and

WHEREAS, the Town entered into Performance Agreements with the Pines Community Center to develop affordable homeownership opportunities in the Pine Knolls neighborhood; and

WHEREAS, the Town’s Performance Agreements with the Pines Community Center have expired;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to issue a request for proposals to seek technical and administrative help for the Pines Community Center Homeownership Program.

BE IT FURTHER RESOLVED that proposals would be sought for the following work:

1. Determine the cost of readying all properties for sale.

2. Propose policies and procedures for carrying out all the major elements of the housing program, including neighborhood residents.

3. Estimate resources and a schedule needed to complete the program.

BE IT FURTHER RESOLVED that the administrator of the program would be selected by the following process: the Pines Community Center and the Town would each select three members to a six person panel and this group would agree on a seventh person; and the team of seven individuals would evaluate the proposals and make a recommendation to the Town Council.

BE IT FURTHER RESOLVED that the Town staff would supervise the work of the administrator, and the Pines Community Center would review the products and give advice to the Town Council.

BE IT FURTHER RESOLVED that the Manager would make a recommendation on the proposal to be selected to the Council; and the Town Council would select the administrator.

BE IT FURTHER RESOLVED that the Pines Community Center would function as an advisory board and would provide periodic advice and semi-annual reports to the Council regarding the program operation; and that the Council authorizes the Manager to designate a staff liaison to the Pines Community Center advisory board that would not be a member of the board and would not vote.

BE IT FURTHER RESOLVED that the Council adopts the following schedule:

July, 1998 Prepare a Request for Proposals

July 29 , 1998 Issue Request for Proposals

August 24, 1998 Council to select three members of the review panel

Pines Community Center select three members of the review panel

August 24, 1998 Proposals due

August 25 - Sept. 4 Review panel meets and makes a recommendation to the Council

September 14, 1998 Review panel reports to the Council with a recommendation

This the 6^th day of July, 1998.

Item 10 Glenbrooke Cluster Subdivision Application for Preliminary Plat Approval

Mr. Waldon said that the main outstanding issue was the proposal for a connection between the Glenbrooke subdivision and the Fox Hill subdivision. Mr. Waldon said that the Town staff recommended that there be a connecting road between the two subdivisions.

John Tyrrell, representing Orange County Habitat for Humanity, stated that Habitat for Humanity had not been able to work out arrangements with Mr. Hansen, the applicant for the Glenbrooke cluster subdivision, regarding water and sewer hook-up connections.

Council Member McClintock asked Mr. Tyrrell whether or not Habitat for Humanity had any objection to the roads being connected. Mr. Tyrrell said that there were no such objections. Council Member Bateman inquired about the fiscal impacts of the water and sewer lines. Mr. Tyrrell said that depending on specific location, the difference in the sewer line costs could be as much as $20,000.

Stephanie London, a resident of the Highlands development, asked the Council to be sure to send out notices of hearings sooner than had been done so for this evening’s hearing. Ms. London also encouraged the Council to think about the impact of the new developments on area schools.

John Hansen, the applicant, expressed his objection to having a connector road between the proposed Glenbrooke subdivision and the proposed Fox Hill subdivision. Mr. Hansen said that he would be willing to put in sidewalks or a bikeway or make a payment-in-lieu for such facilities. He also stated that residents of Billabong Lane did not favor the proposed roadway connection.

Council Member Bateman said she would be willing to vote against the proposed connector if the applicant would be willing to install a water and sewer connection for the Habitat for Humanity property.

Council Member Foy asked what the penalty would be if the conditions of approval regarding tree removal were violated. Mr. Waldon said that were a number of specific penalties associated with the unauthorized removal of trees.

Council Member McClintock said that although there was a lot about the connector that she liked, the necessary removal of trees was a downside. Council Member McClintock inquired whether the Council could require a pedestrian connection between the two neighborhoods and whether the easement would have to be very wide. Mr. Waldon said that such an easement would not have to be as wide as a roadway.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT THE RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR GLENBROOKE CLUSTER SUBDIVISION.

Council Member Evans said that she believed the subdivision would be better off with a connecting road, especially for safety purposes. Council Member Capowski asked what would happen if the Council approved the subdivision with a provision that the applicant did not agree to. Mr. Karpinos said that the applicant either accepted or rejected the Council’s decision or he could appeal the decision in the court system.

Council Member McClintock said that she would like to amend the motion to include provisions for an asphalt pedestrian path, rather than a connecting road, to the Habitat for Humanity property, and provide that it be maintained by the Glenbrooke Homeowners Association. Council Member Bateman proposed a friendly amendment to run the sewer line to the Habitat for Humanity property. Mr. Hansen said he could not agree to the proposed roadway connection, he would be willing to run water and sewer connections between the Wall and Tate properties, and to provide a manhole. Council Member McClintock requested that the two amendments be voted upon separately.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO AMEND THE PROPOSED MOTION, TO INCLUDE A PEDESTRIAN PATHWAY BETWEEN THE TWO PROPERTIES. THE MOTION FAILED BY A VOTE OF 2-6, WITH COUNCIL MEMBERS CAPOWSKI AND MCCLINTOCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, FOY, EVANS, AND WIGGINS VOTING NO.

Council Member Capowski proposed amending the motion to require the Glenbrooke subdivision to provide a water and sewer opportunity for the Habitat subdivision, with the actual location to be worked out with the Orange Water and Sewer Authority. Council Member Evans asked what would happen if Habitat for Humanity did not want the connection at the proposed location. Mr. Hansen reiterated that although he was not willing to install a connector road, he would be willing to run a water and sewer line at the intersection of the Wall/Tate/Glenbrooke property line and install a pedestrian walkway. Mayor Waldorf asked Council Members Evans and Wiggins if they would accept a friendly amendment to this effect. Council Members Evans and Wiggins agreed to do so.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BATEMAN TO APPROVE AN APPLICATION FOR A PRELIMINARY PLAT FOR GLENBROOKE CLUSTER SUBDIVISION AS AMENDED. THE MOTION WAS APPROVED UNANIMOUSLY. (8-0)

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR GLENBROOKE CLUSTER SUBDIVISION (File # 24..6) (98-7-6/R-26a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Glenbrooke Cluster Subdivision, proposed by John Hansen, on the property identified as Chapel Hill Township Tax Map 24, Lot 6, if developed according to the preliminary site plan dated May 1, 1998, and the conditions listed below, would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:

1. The tract proposed for cluster development is at least two (2) acres in size;

2. Public, separate water supply and sewerage connections are available for every subdivided lot;

3. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;

4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and

5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in Subsection 17.9.7.

These findings are based on the following:

Stipulations Specific to the Development

1. That this approval shall authorize the creation of 24 buildable lots.

2. Required Improvements:

A. That one-half of a 70-foot public right-of-way be dedicated along the property's Rogers Road frontage.

B. That Rogers Road be improved to add a sidewalk and five-foot wide bicycle lane along the subject property’s frontage.

C. That the proposed cul-de-sac be constructed as a connecting street in the area of lot 13, to provide for a connection to the Fox Hill Subdivision roadway network which adjoins this property. If the Fox Hill Subdivision roadway connection has not been constructed at the time of construction of this subdivision roadway, a sign shall be posted indicating that the road will be extended in the future.

D. That the internal roadway be constructed as a 27-foot wide cross-section back-of-curb to back-of-curb, with a sidewalk on one side within a typical 40-foot wide public right-of-way. Wider right-of-way width may be required as determined by the Town Manager. Placement of the sidewalk (east or west side of the new road) shall be determined by the Town Manager.

E. That a minimum 3-foot wide planting strip shall be provided between the sidewalk and curb of the internal roadway.

3. Steep Slopes: That a detailed Steep Slopes Plan be submitted, indicating the potential buildable areas on each lot, and committing to certain types of building foundations and construction techniques for those lots with slopes of 15% and greater. These restrictions shall be referenced in the restrictive covenants of the Homeowners' Association documents.

4. Minimum Recreation Area: That the minimum amount of recreation area shall be the sum of all reductions in minimum gross land area, as a result of the cluster form of development (as appropriate to the land use proposed), combined with the minimum recreation area required in Subsection 17.9.7 of the Development Ordinance. Landscape bufferyard area shall not be counted as recreation area.

Stipulations Related to Homeowners’ Association

5. Homeowners’ Association: That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.

6. Pond: That the pond shall be owned and maintained by the Homeowners Association. The Town Manager shall approve a pond maintenance plan prior to issuance of a Zoning Compliance Permit. The plan shall be subject to Town enforcement.

7. Ownership of Recreation Area: That all recreation area and common area, including landscape bufferyards, shall be owned and maintained by the Homeowners Association.

Stipulations Related to State and Federal Government Approvals

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

9. North Carolina Department of Transportation Approval: That plans for improvements to state-maintained roads be approved by the North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

10. Landscape Plan Approval: That a detailed Landscape Plan (including bufferyard plantings) and landscape maintenance plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Plan shall include a:

¨ Type D landscape bufferyard (minimum 30-foot width) along the property’s Rogers Road frontage.

Existing vegetation may be used, partially or wholly, to fulfill the bufferyard planting requirements, where deemed sufficient by the Town Manager.

11. Ownership of Landscape Bufferyard: That the landscape bufferyard not be part of individual lots, but be part of land owned and controlled by the Homeowners’ Association.

12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Protection Plan shall include preservation of the two specimen trees next to Rogers Road. The Plan shall also include fencing for existing vegetation in the following locations:

¨ The required landscape bufferyards;

¨ The land designated for open space and recreation area; and

¨ The areas adjacent to utility construction, stormwater/erosion control-related grading and devices, and roadway construction.

Miscellaneous Stipulations

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

14. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. The final plat shall be approved by OWASA prior to Town approval.

15. Utility Service Laterals: That prior to paving streets, utility service laterals, (including cable and telephone) shall be stubbed out to the front property lines of each lot. Sanitary sewer laterals shall be capped off above ground.

16. OWASA Approval: That a water and sewer extension plan be submitted and approved by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

17. Streetlighting Plan Approval: That a streetlighting plan be developed in cooperation with Duke Power Company and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

18. Utility Plan Approval: That the final detailed utility/lighting plan be approved by the Orange Water and Sewer Authority, Duke Power Company, BellSouth, Public Service Company, Time Warner Cable and the Town Manager, prior to issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities are extended to serve the development.

19. Curbside Refuse Collection: That a note shall be placed on the final plat indicating that curbside refuse collection may be required for lots with steep slopes.

20. Solid Waste Management Plan: 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 issuance of a Zoning Compliance Permit.

21. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plan, landscape plan and landscape maintenance plan 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 conditions and design standards of the Development Ordinance and Design Manual.

22. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.

If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.

23. Sight Triangle Easements: That sight triangle easements shall be provided on the final plat.

24. Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy, until such time that the street system is accepted for maintenance by the Town.

25. Drainage Plan: That a drainage plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

26. Street Name and Addresses: That the name of the development and its street and addresses be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

28. 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 at the time of issuance of a Zoning Compliance Permit.

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

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

31. 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 Town Council hereby approves the application for a Preliminary Plat for the Glenbrooke Cluster Subdivision in accordance with the plans and conditions listed above.

This the 6^th day of July, 1998.

Item 11 Estes Hills Elementary School Addition Application for Special Use Permit

Town Planner Gene Poveromo presented a brief overview of the project, noting that there were two key issues being addressed in the proposed resolution: (1) the construction of a sidewalk along Estes Drive and (2) stormwater runoff mitigation.

Council Member McClintock asked what was being done to protect existing clay slopes on the site. Mr. Poveromo said that the applicant would be required to submit an erosion control plan, the implementation of which would be handled by Orange County staff.

Evelyn Grisham, an adjoining property owner, inquired about the applicant’s specific plans for handling stormwater runoff from the site. Michael Hammersley, the applicant’s consulting engineer, said that he would be formulating a stormwater management plan for the project site. Council Member Brown inquired how the applicant proposed to address Ms. Grisham’s concerns. Mr. Hammersley said that the applicant was reviewing options for addressing Ms. Grisham’s runoff-related concerns.

Council Member McClintock also expressed concern about runoff from the proposed addition to the school. Mr. Hammersley stated that a new catch basin would be put on both sides of the proposed new addition, and that ground cover disturbed during construction would be replaced. Council Member McClintock inquired about enforcement of sedimentation standards. Mr. Horton said that County staff would oversee the enforcement of erosion and sedimentation control standards.

Council Member Brown asked whether the applicant would be required to provide a storm water management plan. Mr. Horton said this was correct.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS TO CLOSE THE PUBLIC HEARING. THE MOTION WAS APPROVED UNANIMOUSLY (8-0)

COUNCIL MEMBER FOY MOVED THE ADOPTION OF RESOLUTION 27B, INCLUDING SIDEWALKS AS PROPOSED BY THE TRANSPORTATION BOARD.

Council Member Brown inquired whether the only difference between Resolutions A and B was the sidewalks condition. Mr. Horton said this was correct. Council Member Foy withdrew his motion for Resolution 27b.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ADOPT RESOLUTION 27A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ESTES HILLS ELEMENTARY SCHOOL ADDITION (File Number 80.E. 2,3,4) (98-7-6/R-27a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by the Chapel Hill/Carrboro City Schools on property identified as Chapel Hill Township Tax Map 28, Lot 1, if developed according to the site plan dated May 8, 1998, the site plan attached to letter from Corley, Redfoot, Zack, dated July 1, 1998 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;

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Estes Hills Elementary School addition in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by July 6, 2000 (two years from the date of Council approval) and be completed by July 6, 2001 (three years from the date of Council approval).

2 That this Special Use Permit approves 164,356 square feet of floor area; 1,489,762 square feet of Outdoor Space; and 1,350,942 square feet of Livability Space on the Estes Hills Elementary School and Guy B. Phillips Campus.

Required Improvements

3. Dedication of Right-of-Way in Front of the Entire Property: That the applicant dedicate half of a 75 foot right-of-way along the entire frontage of the Estes Hill/Guy B. Phillips Middle School property on Estes Drive prior to the issuance of a Zoning Compliance Permit.

4. Dedication of Right-of-Way from the Phillips Driveway to the Western End of the Property: That the applicant dedicate half of an 80 foot right-of-way along Estes Drive from the center of Guy B. Phillips Middle School driveway intersection to the west end of the property prior to the issuance of a Zoning Compliance Permit.

5. That the applicant construct a segment of concrete sidewalk to connect the crosswalk in front of Phillips School to the student drop-off loop at the Phillips School entrance.

Stipulations Related to Landscape Elements

6.         Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall include the following landscape bufferyards:

     Along the southern boundary: Type D and Alternate D

Along the western boundary: Type C

Along the northern boundary: Type C
Along the eastern boundary: Type C

7. Alternate Buffer: That the applicant receive approval by the Design Commission prior to issuance of a Zoning Compliance Permit for an alternate Type D buffer along a portion of the Estes Drive frontage.

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

Stipulations Related to Building Elevations

9. Building Elevation Approval: That detailed building elevations and a lighting plan be approved by the Design Commission prior to issuance of a Zoning Compliance Permit.

10. 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.

11. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by applicable utility companies which may include Orange Water and Sewer Authority, Duke Power Company, Public Service Company, and BellSouth before issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

12. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit the applicant prepare and obtain Town Manager approval of a Transportation Management Plan.

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

14. Dumpster Pads Required: That the applicant provide dumpster pads for the existing dumpsters at both schools.

15. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), which shows the method(s) of conveying the stormwater around the proposed building site, including a new energy dissipater and stilling basin detail to alleviate the outlet velocity and erosion down the eastern side of the property and a 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.

16. Construction Sign Required: 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 at the time of issuance of a Zoning Compliance Permit.

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

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

19. 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 Chapel Hill/Carrboro City Schools in accordance with the plans and conditions listed above.

This the 6^th day of July, 1998.

Item 12 Annexation Area 1 zoning

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO ZONE NEWLY ANNEXED LAND - HOMESTEAD VILLAGE/HORACE WILLIAMS TRACT IN ORANGE COUNTY (98-7-6/O-4)

WHEREAS, the Council of the Town of Chapel Hill has annexed an area which includes the Homestead Village subdivision, several individual lots along the south side of Homestead Road, several individual lots on Link Road, the Unity Center of Peace Church, the northern portion of the Horace Williams property, a portion of the State University Rail Line, and an individual lot at the southeastern intersection of Seawell School Road and the Rail Line in Orange County that is identified as Annexation Area 1 on the attached map; and

WHEREAS, the southern half of this annexation area lies within the Town of Chapel Hill’s extraterritorial planning jurisdiction, and therefore already carries Town zoning; and

WHEREAS, the northern half of Area 1 lies within the Joint Planning Area and currently is jointly planned with Orange County; and

WHEREAS, in accordance with State Law, Town zoning for the northern portion of Annexation Area 1 which lies within the Joint Planning Area must be in place within 60 days of the effective date of annexation; and

WHEREAS, the Council has considered an appropriate zoning designation for these properties which exactly reflects the existing zoning of these properties, which is consistent with Chapel Hill's 1989 Comprehensive Plan and 1986 adopted Land Use Plan, and is compatible with uses in the surrounding areas;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Residential - 2 (R-2) zoning be assigned to the above-mentioned property as designated on the attached map.

This the 6^th day of July, 1998.

Item 13 Annexation Area 2 zoning

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO ZONE NEWLY ANNEXED LAND - NINE LOTS IN DURHAM COUNTY (98-7-6/O-5)

WHEREAS, the Council of the Town of Chapel Hill has annexed an area consisting of nine lots in Durham County that is identified as Annexation Area 2 on the attached map; and

WHEREAS, the Council has considered appropriate zoning designations for this property in the context of Chapel Hill's 1989 Comprehensive Plan and 1986 adopted Land Use Plan, on the size of existing lots, on compatibility with uses in the surrounding areas, and on existing Durham County zoning in the annexation area;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Residential - 1 (R-1) and Residential - 1A (R-1A) zoning be assigned to the above-mentioned property as designated on the attached map.

This the 6^th day of July, 1998.

Item 14 Downtown Streetscape Construction Options

Landscape Architect Curtis Brooks, briefly reviewed three options for downtown streetscape construction, noting that Town staff recommended proceeding with a project on the north side of the 100 block of East Franklin Street, between NationsBank and the Old Post Office Building. He also said that staff recommended the north side of the 500 and 600 blocks of West Franklin Street between Chapel Hill Tire and Crooks Corner as the alternate project site.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 28, WITH OPTION 2 IDENTIFIED AS THE ALTERNATIVE PROJECT.

Council Member Capowski inquired whether or not the Council was approving construction of the proposed streetscape project. Mr. Horton said that the Council was only being asked to authorize the project’s design, rather than its construction. Council Member Capowski inquired about the Town’s staff recommendation regarding an alternative project. Mr. Horton said that staff would recommend option two as the alternative project.

RESOLUTION 28, INCLUDING OPTION TWO AS AN ALTERNATIVE, WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PREPARE WORKING DRAWINGS FOR IMPROVEMENTS TO THE 100 BLOCK OF EAST FRANKLIN STREET, DISCUSS THESE IMPROVEMENTS WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IN ORDER TO NEGOTIATE AN ENCROACHMENT AGREEMENT FOR CURB EXTENSIONS AT TWO PEDESTRIAN CROSSWALKS, STUDY THE FEASIBILITY OF CONSTRUCTING STREETSCAPE IMPROVEMENTS ADJACENT TO EXISTING UNDERGROUND ENCROACHMENTS AT THE RATHSKELLER AND ADJACENT BUSINESSES, AND PREPARE WORKING DRAWINGS FOR ANOTHER SECTION OF STREETSCAPE AT A SITE SELECTED BY THE COUNCIL (98-7-6/R-28)

WHEREAS, the Council adopted the Downtown Streetscape Master Plan as part of the Town’s Comprehensive Plan; and

WHEREAS, $100,000 currently exists in bond funding to implement a portion of the Streetscape Master Plan; and

WHEREAS, the Council has received a report from the Town Manager detailing three alternative sites where construction could be undertaken with Town labor forces in 1999; and

WHEREAS, labor resources are available to permit construction by Town labor forces at only one of the three sites in 1999;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare final working drawings for improvements at site #1 as described in this report, discuss these improvements with the North Carolina Department of Transportation in order to obtain the necessary encroachment agreement, study the feasibility of construction around existing underground encroachments at the Rathskeller and adjacent businesses and proceed with construction if determined to be feasible or report back to the Council on the results of the recommended discussions and study.

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to prepare working drawings for an alternative site number two (2), for construction in 1999 if it is determined by the Council at a future date that construction at site #1 needs to be delayed.

This the 6^th day of July, 1998.

Item 4 Consent Agenda Items Removed for Discussion/Action

Item 4m - Draft 2025 Regional Transportation Plan Socio-Economic Properties

Council Member Capowski emphasized the importance of having maps showing increases in traffic congestion, air pollution and asphalt coverage. Mr. Bonk said that such maps would be drafted later in the process. Council Member Capowski suggested amending the proposed resolution to note the Council’s concerns about increased traffic congestion, air pollution and asphalt coverage in the Triangle area.

Senior Transportation Planner David Bonk was asked by Council Member Capowski, in reference to comments collected at the Public Hearing, why the maps showing the increases in traffic congestion, increases in air pollution, and increases in asphalt coverage were not included. Mr. Bonk said the maps would come later in the process.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY TO ADOPT RESOLUTION 13, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ENDORSING THE DRAFT 2025 DURHAM-CHAPEL HILL-CARRBORO URBAN AREA REGIONAL TRANSPORTATION PLAN ORANGE COUNTY SOCIO-ECONOMIC 2025 PROJECTIONS (98-7-6/R-13)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun the process of developing a 2025 Transportation Plan; and

WHEREAS, 2025 socio-economic projections have been prepared for Orange County; and

WHEREAS, the Transportation Advisory Committee has opened a 60 day public comment period on the draft 2025 projections.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council endorses the draft 2025 socio-economic projections for Chapel Hill.

BE IT FURTHER RESOLVED, that the Council requests that the Transportation Advisory Committee review the projections of Chapel Hill Township outside of Chapel Hill to ensure their accuracy.

BE IT FURTHER RESOLVED, that the Manager shall forward a copy of this resolution, along with a copy of the minutes of the June 22, 1998 public forum and advisory board comments to the Transportation Advisory Committee.

This the 6^th day of July, 1998.

Item 4o - Town’s Participation to the N.C. Regional Air Quality Coalition, etc.

Noting that ozone alerts should be of concern to all Triangle area residents, Council Member Capowski proposed amending Resolution 15 to provide free rides on Chapel Hill Transit buses on “orange and red ozone alert days”. Mr. Horton suggested that the University of North Carolina and Town of Carrboro be given an informal opportunity to comment on this proposal. Council Member Bateman inquired whether or not Mr. Horton could follow up on this matter by Wednesday evening, July 8^th. Mr. Horton said he believed that he could contact University and Carrboro officials prior to Wednesday evening.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THIS EVENING’S MEETING BE RECESSED UNTIL 5:30 P.M. ON WEDNESDAY, JULY 8, 1998. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The meeting concluded at 11:51 p.m.