MINUTES OF A MEETING OF THE MAYOR AND
COUNCIL OF THE TOWN OF CHAPEL
HILL, NORTH CAROLINA, MONDAY, SEPTEMBER 24,
1990 AT 7:30 P.M.
Mayor Howes called
the meeting to order at 7:36 p.m. He observed that the start of the meeting had
been delayed by a cable switching problem.
Council Members in
attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston,
Alan Rimer, James c. Wallace, Arthur Werner and Roosevelt Wilkerson, Jr. Also
in attendance were Acting Town Manager Florentine Miller, Public Works Director
Bruce Heflin, Parks and Recreation Director Michael Loveman, Library Director
Kathleen Thompson, and Town Attorney Ralph Karpinos. Mayor Howes noted that
Town Manager Cal Horton and Assistant Town Manager Sonna Loewenthal were
attending the annual International City Management Association Conference in
Fort Worth, Texas.
There were no
ceremonies or hearings.
Item 3 Petitions
University of North
Carolina Student Body President Bill Hildebolt introduced Win Burke, the newly
appointed Student Liaison to the Town Council.
Mr. Hildebolt noted that Mr. Burke was interested in planning and zoning issues. He added that
Mr. Burke is a senior at the University, currently serving on the Town's
Housing Advisory Board.
Herman Lloyd said he
owned three parcels on NC 54 which were currently zoned R‑2. Mr. Lloyd noted that the Council would hear
a rezoning proposal for the adjoining Parrish property on October 1. He requested that the Council consider the
Lloyd property concurrently with the Parrish property. Acting Town Manager
Miller noted that legal requirements for public notice would not allow for this
arrangement.
Council Member
Andresen inquired about the proposed schedule for allocation of hotel‑motel
tax allocations. Mayor Howes observed that the audit for the Arts Center would
be completed during the next few weeks.
Council Member Brown
observed that Town Transportation Director Godding had recently made a
presentation to the State of North Carolina subcommittee on transportation.
Council Member Brown inquired whether it would be possible for the Council to
draft a letter to the subcommittee expressing their support of Mr. Godding's
remarks. Mayor Howes suggested that the drafting of a resolution to this effect
might be more appropriate.
Council Member
Wallace noted that Jordan Lake was at a level of 211 feet, down five feet from
early July levels. Mayor Howes observed that the lake level impacts the quality
of water.
Item 4 Minutes of August 27, September 4
and 10, 1990
Council Member
Herzenberg requested one change in the minutes of August 27th.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPROVE THE MINUTES OF
AUGUST 27 AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF SEPTEMBER 4
AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
Council Member
Preston requested one change in the minutes of September 10th.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER PRESTON,
TO ADOPT THE MINUTES OF SEPTEMBER 10, 1990, AS REVISED. THE MOTION WAS
ADOPTED UNANIMOUSLY (9‑0).
Item 5 Approval of Town Flag
Design
Council Member
Preston noted that the Flag Design Committee was seeking to find a design which
expressed the Town's character and uniqueness. She noted that Louise Oldenburg,
Lisa Price, Sue Koenigshoefer, members of the Design Committee, and Spring
Davis, the flag's designer were in attendance this evening. Council Member Preston noted that Council
Member Herzenberg, Richard Hill, Coolie Monroe, James Goshen and Milton Van Hoy
had also served on the Flag Design Committee. Council Member Preston noted that
Town residents had been asked to comment on what the Town meant to them. She
noted that characteristics were grouped based on these comments. Council Member
Preston said that the flag design incorporated the following characteristics:
hopefulness, academic environment, diversity, vitality and progressiveness,
community oriented, and environmentally‑aware.
Council Member
Preston said that the Town flag would serve as a rallying point for the
community. She noted that although a public forum for the flag design had been
well advertised, few people attended the forum. Council Member Preston stated
that nine alternative flag designs were presented to the Town for public
comment. She noted that one of the designs emerged as a clear favorite.
Spring Davis, flag
designer, unveiled the proposed Town flag. Ms. Davis noted that the actual flag
would be a moving, live object, placed next to State and National flags. She
reviewed the colors and characteristics of the flag, noting that Carolina blue
represented the Town and University; green represented environmental awareness;
and the townscape provided a sense of home, friends and community. Ms. Davis
thanked the members of the Flag Design Committee for their time and dedication.
Council Member
Wallace said that the Council would have been welladvised to hold a public
hearing concerning the design of the proposed Town flag. He added that flag
design would be more appropriately adopted by ordinance rather than a
resolution. council Member Andresen stated that the main objective of the flag
was individual symbolism. Council Member Andresen noted that she did not think
that a public hearing was necessary in this matter, since written public
comment had been actively sought throughout the Town. Mayor Howes expressed the
appreciation of the Council to all involved in the Town Flag design and
selection process. Mayor Howes added that there had been many opportunities for
public input and comment concerning the flag design. Town Attorney Karpinos
stated that a resolution was the most appropriate tool for adopting the flag
design.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1.
THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION
AUTHORIZING A DESIGN FOR A TOWN FLAG (90‑9‑24/R‑1)
WHEREAS, the Flag
Design Committee has completed its work and recommends a design as presented
tonight;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
approves the design as presented to the Council by the Committee and adopts it
as the official flag design of the Town of Chapel Hill.
BE IT FURTHER
RESOLVED that the Town of Chapel Hill will have the flag manufactured, with one
flag to fly with state and national flags outside the new Town Hall and one to
hang with state and national flags in the Council Chamber.
BE IT FURTHER
RESOLVED that the design of the Town flag will become the property of the Town;
further uses of the design will be left to the discretion of the Mayor, the
Town Council, and the Manager.
This the 24th day of
September, 1990.
Item 6 Discussion of Solid Waste
Management
Mayor Howes noted
that the Council would be holding a public forum on solid waste management on
Tuesday, October 16th at 7:30 p.m. in the Council Chamber.
Public Works Director
Bruce Heflin noted that the Council had held a work session on solid waste
alternatives on July 5th to narrow the field of refuse collection options. Mr.
Heflin stated that solid waste collection would be the major issue of the
1990s. Mr. Heflin reviewed a hierarchy of solid waste management alternatives
including source reduction, recycling, composting source reduction and
landfilling. Mr. Heflin briefly reviewed alternative strategies for solid waste
collection, outlining their associated costs and staffing levels. He noted that
an exemption policy could be implemented to address the needs of frail and
infirm persons. Mr. Heflin also stressed the importance of a thorough public
information process to respond to individual concerns and interests. Mr. Heflin
added that any reductions in force necessitated by new collection methods could
be addressed through attrition and transfers.
Council Member
Preston inquired about the estimated annual cost per residence for weekly
rearyard refuse collection. Mr. Heflin said this method would cost
approximately $126 per residence annually. Council Member Preston asked whether
it would be possible to offer refuse collection alternatives to residents. Mr.
Heflin stated this would be operationally challenging, primarily due to routing
considerations. Council Member Preston inquired whether any other communities
offered collection options. Mr. Heflin said he was not aware of any such
arrangements. Council Member Rimer noted that such arrangements were at least theoretically
possible. Mr. Heflin noted the importance of balancing collection routes.
Noting the increasing
percentage of elderly Town residents, Council Member Werner asked how
exemptions would be determined and their associated fiscal implications. Mr. Heflin
stated that granting more exemptions would lessen overall savings from
alternate collection methods. Council Member Werner noted that due to a variety
of factors, maximum estimated savings of $400,000 might be much less. Council
Member Wilkerson added that the additional costs of recycling and other waste
reduction methods might also reduce possible cost savings.
Council Member
Andresen stated that many residents would be willing to pay for backyard refuse
collection. She added that some residents would like to oppose curbside
collection at the October 16th Council public forum.
Council Member
Wilkerson asked how many areas of the Town received refuse collection by
scooters. Mr. Heflin responded that he did not have specific figures, but the
total number of collections equated to approximately one refuse collection
route. He added that collection by scooter is very efficient due to fuel and
related considerations.
Council Member
Andresen inquired about the viability of the Town providing in‑house
recycling. Mr. Heflin stated that the initial capital investment for
specialized vehicles would be very high.
He said that it would not be possible to amortize these costs.
Council Member Brown
stated that City of Durham residents had been given a choice of refuse
collection methods. She added that the City of Seattle, Washington also
provides citizens with a choice between rollout and curbside collection. Mr.
Heflin noted that the Durham program was a curbside pilot collection program.
Council Member Brown inquired about the proposed size of containers for rollout
carts. Mr. Heflin said that ninety gallon containers were proposed, as this
would hold a week's worth of waste from an average household. Council Member
Brown inquired about the feasibility of smaller containers. Mr. Heflin noted
that some residents would not reduce their waste volume, necessitating the
larger containers.
Council Member Rimer
noted that the City of Durham had recently used a creative financing method to
replace refuse collection trucks destroyed in a recent fire. Council Member
Rimer added that a profile of typical local households might be extracted from
1990 census data.
Council Member
Wallace noted that any change from the Town's current refuse collection system
would necessitate many policy changes including exemption policies. He stated
that realized savings from alternate systems would be relatively minor.
Council Member
Wilkerson inquired about the possibility of establishing recycling programs for
multi‑family dwellings. Mr. Heflin said that a pilot program serving over
2,000 units would begin in the near future. Mayor Howes noted that the Council
was eagerly anticipating the solid waste public forum on October 16th.
Item 7 Ruth Faison Shaw Committee
Proposal
Parks and Recreation
Director Michael Loveman stated that the Town had received a petition from the
Ruth Faison Shaw Memorial Committee concerning the disposition of Ms. Shaw's
former residence. Mr. Loveman showed the proposed library site and the location
of four homes on the site. Mr. Loveman noted that State preservation officials
had determined that Ms. Faison Shaw's house did not qualify for historic
designation. Mr. Loveman briefly reviewed issues and options for disposition of
the house, noting that the deadline for implementation was February 11, 1991,
or December 11, 1990, if the home were to remain within Pritchard Park. Mr.
Loveman noted that the Town Manager recommended Council adoption of Resolution
2.
Council Member
Andresen inquired about the possibility of maintaining the home on its current
site. Mr. Loveman said this would be possible if a final recommendation were
made by no later than December 11, 1990. Council Member Brown noted that the
estimated cost of relocation or renovation was $72,000. She inquired whether
this figure applied for moving the house on the Pritchard Park property. Mr. Loveman said no, noting that the $72,000
estimate was for relocating the house within a two‑mile radius. He added
that this figure did not include possible renovation costs.
Council Member
Wallace asked whether the Town currently had any options or leases on land for
possible relocation of the Faison Shaw house. Mr. Loveman said there were not,
to the best of his knowledge.
Council Member
Preston noted that Council Member Brown, an Assistant Town Manager and herself
had recently visited the library site and Faison Shaw house. Council Member
Preston said that the library site appeared to be a very good location for
siting the Faison Shaw house.
Council Member Werner
said that plans for the library site would not be finalized until the outcome
of the library bond referendum on November 6th was known. He suggested that the
house could possibly be located next to a parking area on the library/park
site. Council Member Wilkerson noted that hotel‑motel tax allocation
proceeds might be used for relocating and renovating the Faison Shaw house.
Council Member Rimer said he did not understand why the house could not be
converted into a museum. Council Member Rimer also expressed concern that the
$72,000 estimated cost for relocation seemed quite high.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 2. THE
MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION
AUTHORIZING THE STAFF TO PROVIDE ASSISTANCE TO THE RUTH FAISON SHAW MEMORIAL
COMMITTEE (90‑9‑24/R‑2)
WHEREAS, Ruth Faison
Shaw was a native North Carolinian and longtime resident of Chapel Hill; and
WHEREAS, Ms. Shaw's
accomplishments are part of local history and art therapy history; and
WHEREAS, the Ruth
Faison Shaw Memorial Committee has a sincere interest in preserving and making
available Ms. Shaw's work; and
WHEREAS, the
Committee has requested that Ms. Shaw's former home on Town owned property at
112 Estes be given to them for use as a museum; and
WHEREAS, the Council
has a desire to preserve local history and support the cultural arts and
educational life of its residents whenever possible; and
WHEREAS, many options
are available for preserving and displaying the work of Ruth Faison Shaw and
these options need to be evaluated and compared; and
WHEREAS, the Council
urges the Ruth Faison Shaw Committee to evaluate and compare their options and
to prepare an operational and business plan for the implementation and
operation of a program that meets the Committee's objectives;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is
authorized to work with the Committee as it evaluates its options and prepares
its plans.
BE IT FURTHER
RESOLVED, that the Council will consider the Committee's plans and its petition
of August 27 no later than its regular meeting of February 11, 1991, or, if a
site in Pritchard Park is recommended, no later than December 11, 1990.
This is the 24th day
of September, 1990.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 3. THE
MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION
AUTHORIZING DISPOSITION OF THREE HOUSES ON THE LIBRARY/PRITCHARD PARK SITE (90‑9‑24/R‑3)
WHEREAS, the Council
of the Town of Chapel Hill has adopted a Master Concept Plan for the
library/Pritchard Park site which includes none of the houses now standing at
the edge of the site; and
WHEREAS, the Council
wishes to encourage the retention of the houses in the community's housing
stock;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is
authorized to advertise three of the four existing houses, excluding the Shaw
house at 112 Estes Drive, for sale to the highest qualified bidder.
BE IT FURTHER
RESOLVED that the Manager is authorized, if no bids are received for the
purchase of any of the houses, to have the remaining house(s) demolished and
removed from the site.
This is the 24th day
of September, 1990.
Item 8 Estes Drive/Franklin Street
Design
Town Engineer George
Small outlined several options for intersection improvements at Estes Drive and
Franklin Street. Mr. Small noted that the addition of a single westbound lane
was recommended on Estes Drive. He noted that the North Carolina Department of
Transportation did not favor the proposal, but negotiations would be held to
achieve a compromise in this matter. Mr. Small noted that construction would be
accomplished within Collier‑Cobb's existing right‑of‑way.
Council Member Rimer
commended the staff for responding to Council suggestions concerning the
proposed design of Estes Drive.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 4. THE MOTION
WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION
AUTHORIZING THE TOWN MANAGER: TO PROCEED WITH FINAL DESIGN OF INTERSECTION AND
ROADWAY IMPROVEMENTS AT ESTES DRIVE AND FRANKLIN STREET AND ON ESTES DRIVE
BETWEEN FRANKLIN STREET AND BURLAGE CIRCLE AS DESCRIBED IN THE PROJECT
DEVELOPMENT SUMMARY; AND TO REPORT BACK TO THE COUNCIL WITH A SUMMARY OF
CURRENT, PROPOSED AND FUTURE TRANSPORTATION IMPROVEMENT PROJECTS, COST
ESTIMATES, AND FUNDING RECOMMENDATIONS (90‑9‑24/R‑4)
WHEREAS, the Council
has determined that improvements are necessary and/or desired at the
intersection of Estes Drive and Franklin Street; and
WHEREAS, development
of the library/park site adjacent to Estes Drive west of Franklin Street will
require roadway improvements on Estes Drive to accommodate increased traffic
volumes and to provide ingress/egress for the library/park site/ and
WHEREAS, the Council
has determined that a safety problem exists at the Franklin Street driveway for
the Texaco service station and improvements are necessary and/or desired to
control vehicular turning movements into and out of this driveway; and
WHEREAS, the
preliminary design of the proposed improvements is in progress and is outlined
on the Project Development Summary presented to the Council on September 24,
1990; and
WHEREAS, the Council
wishes to complete the design of this project but defer decisions on proceeding
with construction until receiving a comprehensive report discussing all Town‑wide
transportation improvements, costs, and funding alternatives;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes
the Town Manager to proceed with development of the final plans for
improvements at the intersection of Estes Drive and Franklin Street and on
Estes drive between Franklin Street and Burlage Circle, as outlined on the
Project Development Summary presented to the Council on September 24, 1990; and
directing the Manager to return to the Council with a report summarizing
current, proposed, and future transportation improvement projects including
associated design and construction costs and funding recommendations.
This the 24th day of
September, 1990.
Item 9 Booker Creek Drainage Improvement
Alternatives
Town Engineer George
Small noted that flooding had occurred in the Booker Creek area approximately
nine months to one year ago. Mr. Small said that the staff wanted to inventory
the Town's drainage system, to develop a comprehensive plan for handling future
drainage improvements. He briefly reviewed several alternatives for handling
drainage problems, noting that each of the proposals would address different
problems at varying levels of cost. Mr. Small noted the need to develop a
strategy for addressing community water quality standards.
Council Member Brown
said that the presentation of this item was very timely, particularly in light
of the Northside neighborhood's concerns about drainage.
Council Member Rimer
inquired about the estimated cost of a Townwide drainage study. Mr. Small said
such an undertaking would be very expensive, with total costs being several
hundred thousand dollars, depending upon the scope of the study. Council Member
Rimer asked how large a study could be conducted with existing funds of
$121,000. Mr. Small said this would only address a small portion of total
needs. Council Member Rimer inquired about the viability of performing an
inventory with funds in hand. Mr. Small said it would not be possible to
conduct a full inventory with only $121,000. Council Member Rimer noted that
the Orange Water and Sewer Authority had recently conducted a sewer inventory
for less than $120,000. Mr. Small said that a drainage inventory involves
considerably greater detail than a sewer inventory. Council Member Rimer stated
that there was an existing body of grid information and drawings which would
provide a basis for a drainage inventory.
Mr. Small noted that
property line and topographical information was currently available, but there
was no current information concerning drainage facilities.
Council Member Werner
said he had recently spoken to Ed Bynam. He noted that Mr. Bynam indicated that
only the most costly alternative (#4) outlined by Mr. Small would be effective.
Council Member Werner
also inquired what changes had been made to address recent drainage
problems. Mr. Small responded that
there had been no changes in the conceptual approach. He added that staff had a better handle on individual areas due
to the development of a computer model.
Council Member Werner inquired why the conceptual approach should not be
changed. Mr. Small said this was
possible, adding that more information would be needed to make better informed
decisions. Council Member Andresen inquired about the benefits derived from the
computer model designed by a consultant. Mr. Small responded that this tool
would permit the staff to analyze watersheds and sub watersheds, as well as the
adequacy of on‑site detention.
Council Member
Preston said she agreed with Council Members Andresen's and Werner's concerns
about the cumulative impact of development on overall drainage conditions.
Mayor Howes inquired whether
the item would return to the Council prior to the new year. Mr. Small said yes.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 5. THE MOTION
WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION
RECEIVING AN ENGINEERING DEPARTMENT STAFF REPORT CONCERNING DRAINAGE CONDITIONS
AND IMPROVEMENT ALTERNATIVES IN THE VICINITY OF BOOKER CREEK ROAD, OLD OXFORD
ROAD, AND MILLWOOD COURT; AND DIRECTING THE TOWN MANAGER TO REPORT BACK TO THE
COUNCIL WITH A PROPOSED PROCESS, SCHEDULE, AND COST FOR PERFORMING A
COMPREHENSIVE TOWN‑WIDE DRAINAGE SYSTEM INVENTORY AND ANALYSIS (90‑
9‑24/R‑5)
WHEREAS, the Council
has received a petition from residents of the Booker Creek Road, Old Oxford
Road, Millwood Court area requesting assistance in controlling stormwater
runoff and mitigating periodic flooding; and
WHEREAS, a
preliminary drainage system study and inventory has been completed in this area
which proposes alternatives for improving the drainage system and its function;
and
WHEREAS, the Council
acknowledges that certain localized drainage problems are present in the study
area and elsewhere in the community; and
WHEREAS, the Council
desires to address drainage problems and their mitigation in a Town‑wide
context;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council herewith
receives the Engineering Department Staff Report dated September 24, 1990
concerning drainage conditions and improvement alternatives in the vicinity of
Booker Creek Road, Old Oxford Road, and Millwood Court.
BE IT FURTHER
RESOLVED that the Council directs the Town Manager to report back to the
Council with a proposed process, schedule, and cost for performing a
comprehensive Town‑wide drainage system inventory and analysis.
This the 24th day of
September, 1990.
Nominations and
Appointments
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO DESIGNATE MAYOR HOWES AS THE
TOWN'S VOTING REPRESENTATIVE AT THE NATIONAL LEAGUE OF CITIES CONFERENCE IN
HOUSTON, TEXAS AND COUNCIL MEMBER HERZENBERG AS THE TOWN'S VOTING DELEGATE AT
THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES CONFERENCE IN RALEIGH, WITH COUNCIL
MEMBER BROWN SERVING AS THE ALTERNATE. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
All applicants to the
Board of Adjustment and Small Area Plan Work Group were nominated for
appointment consideration at the Council's October 8th meeting.
The Council appointed
the following persons to the Design Review Board:
Bruce Ballentine Alice Ingram
G. Thomas Bulthuis Martin Rody
Michael Hining David Swanson
Original voting
ballots are on file in the Town Clerk's Office.
Consent Agenda
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE CONSENT
AGENDA AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION ADOPTING
AN ORDINANCE AND RESOLUTION (90‑9‑24/R‑6.1)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby adopts the ordinance
and resolution as submitted by the Manager in regard to the following:
a. Revision
to block party street closing process.
(0‑1).
b. Status
report on citizen's computer bulletin boards.
c. Sharon
Road street closing (R‑7).
AN ORDINANCE AMENDING
ARTICLE IX, TEMPORARY OUTDOOR ACTIVITIES IN OR NEAR PARKING LOTS OR PUBLIC
STREETS OF CHAPTER 11; AND ARTICLE I OF CHAPTER 21, TRAFFIC CODE OF THE TOWN
CODE OF ORDINANCES (90‑ 9‑24/0‑1)
BE IT ORDAINED by the
Council of the Town of Chapel Hill that the Town Code of Ordinances is hereby
amended as follows:
SECTION I
AMEND Section 11‑92
of the Town Code of Ordinances to read as follows:
Sec. 11.92.
Definition.
"Temporary
outdoor activities" shall be construed as including outdoor displays,
exhibitions, carnivals, fairs, sales, neighborhood block parties, and similar
activities which involve, or are likely at some time to involve, persons
standing in an areas normally used for a vehicular traffic lane or lanes, or
fifteen (15) or more persons attracted to or walking or standing at one time
near vehicular traffic or parking: but excluding street fairs and similar
events for which the Council approves closing the streets to vehicular traffic.
SECTION II
AMEND Section 21‑7.1
of the Town Code of Ordinances to read as follows:
Sec. 21‑7.1
Public street closings.
No public street
shall be closed for the repair, maintenance, or construction of public streets;
building construction; installation or maintenance of utilities; house moving;
or neighborhood block party without the prior written approval of the Town
Manager. No public street shall be
closed for any reason not stated above except with the prior approval of the
Council.
For the purpose of
this section, a block party is defined as a social gathering organized by
residents of a block or portion of a block within a street classified as local
residential in the Town's Design Manual issued in accord with Article 14 of the
Chapel Hill Development Ordinance.
The Town Manager may,
as a condition of approval of a temporary street closing for a neighborhood
block party, establish requirements which may include but are not limited to:
(a) That
notice of a request to the Town for a temporary street closing be distributed
by the requesting party to all residents of lots in a block proposed to be
closed in its entirety or partially.
(b) That
information on residents' support for a requested temporary street closing be
provided as part of application materials.
(c) That
one or more individuals requesting the street closing accept responsibility for
clean‑up of litter at the completion of the block party and for receiving
directives from the Town's Police, Fire or other departments.
(d) That
safety measures such as parking vehicles at the end of the closed street area
be undertaken, and that persons be stationed at the ends of the closed area to
move vehicles or other barriers if necessary for emergency access.
(e) That all
applicable ordinances and regulations, including but not limited to Town
ordinances regarding noise control and consumption of alcohol in public right‑of‑way,
be complied with.
(f) That
clean‑up of litter in the closed area be completed by a specified time.
(g) That
hours of the street closing not affect fixed route public transportation
services.
SECTION III
All ordinances and
portions of ordinances in conflict with this ordinance are hereby repealed.
This the 24th day of
September, 1990.
A RESOLUTION
TEMPORARILY CLOSING PART OF SHARON ROAD (90‑9‑24/R‑7)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby authorizes the
temporary closing to vehicle traffic on Sharon Road between Overland and
Fountain Ridge Roads from 4 to 6 p.m. on Sunday, October 7, 1990 (or on Sunday,
October 14 in the event of rain or other unfavorable conditions) for a
neighborhood party, subject to the following conditions:
1. Barricades
shall be placed at the ends of the closed area, with persons available to allow
entry by emergency vehicles if necessary. Means of barricading shall be
approved by the Police Department.
2. The closed street area shall be cleaned of
litter by 6 p.m.
3. No
alcohol shall be consumed in the public street right-of-way.
4. A
permit for outdoor amplified sound shall be obtained from the Police Department
if necessary under the Noise Ordinance.
5. Participants
in the event shall comply with reasonable directives of the Police and Fire
Departments.
This the 24th day of
September, 1990.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADJOURN THE MEETING. THE
MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
The meeting stood
adjourned at 10:15 p.m.