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.