MINUTES OF A MEETING OF THE MAYOR AND
COUNCIL OF THE TOWN OF CHAPEL
HILL, NORTH CAROLINA, WEDNESDAY, NOVEMBER 13,
1991 AT 7:30 P.M.
Mayor Howes called
the meeting to order.
Council Members in
attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston,
Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. Council Member James C. Wallace was
absent. Also in attendance were
Mayor-Elect Kenneth S. Broun, Council Member-Elect Mark Chilton, Assistant to
the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna
Loewenthal and Florentine Miller, Planning Director Roger Waldon, Assistant to
the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.
Mayor Howes noted
that the Council was meeting on Wednesday due to the North Carolina League of
Municipalities meeting having been held in Charlotte on Sunday through
Tuesday. Mayor Howes requested that
Mayor-Elect Broun and Council Member-Elect Chilton come forward to the
podium. Mayor Howes noted that a new
Mayor, two new Council Members and two incumbents had been elected to the
Council on Tuesday, November 5th. Mayor
Howes said the community was looking forward to the installation of the new
Council on Monday, December 2nd. He
noted that the organizational meeting had been a very special occasion in the
past. Mayor Howes congratulated
Mayor-Elect Broun and Council Member-Elect Chilton. Mayor-Elect Broun and Council Member-Elect Chilton said they looked
forward to working with members of the Council.
Mayor Howes noted
that Council candidate Robert Joesting was in attendance this evening. He noted that the candidates for Mayor and
Council had raised important issues for discussion in the community. Mayor Howes expressed the community's
appreciation to all of the candidates for participating in the electoral
process.
Mayor Howes noted
that Thursday, November 14th was Town Hall Day. He stated that students from Chapel Hill High School would learn
about local government by touring Town facilities, meeting with staff, and
participating in a mock Council meeting.
Mayor Howes stated that the students would consider the matter of the
proposed beautification of West Franklin Street as the primary focus of their
mock meeting. He thanked Benson Yon,
a University intern for coordinating the Town Hall Day event. Mayor Howes noted that Town Hall Day events
would commence at 9:00 a.m., with the mock Council meeting beginning at
approximately 1:20 p.m. in the Council Chamber.
Item 3 Petitions
Chris Harlos, 44
Rogerson Drive, said a large open storm drain ran down the front of homes on
Rogerson Drive. Mr. Harlos said the
area was difficult to maintain and a hazard for children in the area. Mr. Harlos noted that he had spoken to
Public Works staff who had indicated that Rogerson Drive residents could
contract with Town staff to install drainage pipe and cover the area. He said that it would be impossible to tie
the pipe together across all properties unless all owners agreed to do so. Mr. Harlos said he was submitting a petition
from most residents of Rogerson Drive, requesting the installation of a covered
drainage pipe.
Council Member Werner
noted that Rogerson Drive was not the only street in Town with this
difficulty. He said that Erwin Road had
the same problem on both sides. Council
Member Werner suggested that the staff consider the issue of drainage ditches
in a broader sense. Council Member
Werner said he was glad that the issue had been raised. He noted the importance of promoting walking
and bicycling throughout the Town.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE TOWN
MANAGER. THE MOTION WAS ADOPTED
UNANIMOUSLY (8-0).
Dick Terry, a member
of the Greenways Commission, requested that the Council include a member of the
Greenways Commission on the Bicycling Advisory Committee. Mayor Howes inquired how this could be
accomplished. Mr. Horton responded that
the addition could be made by the common consent of the Council.
Mayor Howes noted
that the meeting to discuss the Durham Wal-Mart project had been postponed
until December 16th. He added that the
Durham-Chapel Hill Working Group would be meeting in the intervening period. Council Member Andresen inquired whether it
would be possible for Mayor Howes to introduce Mayor-Elect Broun at the
December 16th meeting. Mayor Howes
suggested that Council Member Werner attend the meeting with Mayor-Elect Broun. Council Member Werner suggested that Council
Members forward any comments on the Wal-Mart proposal to Mr. Waldon.
Council Member
Andresen requested an evaluation of services for the Mayor and Council received
from Town staff. She noted that changes
in staff support for the Mayor and Council may or may not be needed. Council Member Andresen said it would be
helpful for the Manager to report to the Mayor and Council on this matter. She suggested that the staff poll individual
Council members on their support needs.
Council Member Werner said the issue appeared to be one that the Mayor
and Council needed to address, rather than the Town staff. He suggested that the issue could be handled
as a personnel matter in Executive Session.
Council Member
Andresen said she was requesting the Manager to put together some overview
information. Council Member Werner said
the Council could get together to compile the same information. Council Member Andresen said the matter was
better addressed by the Manager.
Council Member Wilkerson concurred, adding that the staff could provide
a historical overview of direct staffing to the Mayor and Council. Mayor Howes emphasized the importance of
having the Mayor-Elect and Council Members-Elect participate in the
discussions. He said the matter of
staffing was an appropriate discussion for the Council's retreat or a similar
setting. Council Member Brown said
information about current staffing would be helpful to the Council.
Mayor Howes inquired
whether the Council was amenable to discussing the matter further at its
retreat meeting in January. Mayor-Elect
Broun said the information would be useful to the new Council. He suggested that the Council discuss the
matter further at its January retreat session.
Mayor Howes said there appeared to be a Council consensus to organize
additional information for forwarding to the new Council. Mr. Horton said he would accommodate the
Council's information needs.
Council Member
Preston noted that the latest information from the Landfill Search Committee
consultant was available for review in the Council lounge. She suggested that the Council might wish to
review information on the eight proposed landfill sites. Council Member Werner inquired whether it
was correct that the Landfill Owners Group was no longer pursuing the concept
of a joint incinerator project. Council
Member Preston said this was correct.
Council Member Werner inquired about the cost of the consultant' study. Council Member Preston stated that three
technologies would be evaluated at a total cost of $225,000. She said that one-half of this cost
($112,500) would be paid by the Town.
Council Member Werner asked whether the Chapel Hill representatives on
the Landfill Owners Group felt compelled to spend these funds. Council Member Preston said she did not have
a reading on this matter. She added
that the Landfill Owners Group would discuss the consultant's study on volume
reduction in the near future. Council
Member Werner inquired whether the Landfill Owners Group made its decisions on
a unilateral basis. Council Member
Preston said no, noting that the working group would make recommendations to
the Town of Carrboro, Orange County and the Town.
Council Member Brown
asked whether the Landfill Owners Group would present a more in-depth report to
local governmental bodies. Council
Member Preston said yes, stating that the Landfill Owners Group recommendations
would be brought before the Council and other local government entities.
Item 4 Smith Level Road Zoning
Planning Director
Roger Waldon said the zoning request had been heard at the Council's October
public hearing. Mr. Waldon said that
the Town had agreed with the Town of Carrboro to adjust the extraterritorial
jurisdiction lines which bisected the subject property. Mr. Waldon said that R-2 zoning surrounded
the property and was recommended for the subject tract. Council Member Andresen inquired why the
line had been originally drawn to the east of the roadway. Mr. Waldon said he would speculate that the
line was drawn to include both sides of Smith Level Road within Carrboro's
jurisdiction. He noted that the
demarcation line was included in the Town's original charter.
Gwendolyn Atwater,
representing the New Covenant Christian Church, thanked the Town and Carrboro
planning staff for their assistance with the rezoning request.
Council Member
Wilkerson requested that he be excused from voting on the matter due to direct
personal interests. Mayor Howes, noting
Council Member Wilkerson's interests, concurred with the request for excusal.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE
1. THE MOTION WAS ADOPTED UNANIMOUSLY
(7-0), WITH COUNCIL MEMBER WILKERSON EXCUSED FROM VOTING.
AN ORDINANCE AMENDING
THE CHAPEL HILL ZONING ATLAS (91-11-13/O-1)
SECTION I
WHEREAS, the Council
has considered the proposal to amend the Zoning Atlas to zone property as shown
on Map 1 attached as Residential-2, and finds that the amendment is appropriate
due to changed or changing conditions, and is in conformance with the
Comprehensive Plan of the area generally;
NOW, THEREFORE, BE IT
ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning
Atlas be amended to zone a portion of Orange County Tax Map 122.B.22 as shown
on Map 1 attached, as Residential-2.
SECTION II
The effective date of
this zoning shall be the date of signing of a mutual written agreement between
Chapel Hill and Carrboro, or the date of Council action on the zoning,
whichever occurs later.
SECTION III
That all ordinances
and portions of ordinances in conflict herewith are hereby repealed.
This the 13th day of
November, 1991.
Mayor Howes inquired
about the schedule for completing the new church building. Council Member Wilkerson said the building
would be completed in Spring, 1993.
Item 5 North Carolina Environmental Policy Act
Mr. Waldon briefly
reviewed the State's environmental review process, noting that all State
agencies had to determine the environmental impacts of their development
projects. He said that the Town was
most likely to receive project proposals from the University. Mr. Waldon stated that an environmental
assessment would be prepared if no environmental impact were anticipated. He added that an environmental impact
statement would be required for projects having a significant impact. Mr. Waldon said review time processes were
quite short with approximately fifteen working days review time. Mr. Waldon said that Resolution 1.1 outlined
a procedure for Council review and involvement of State development projects in
the Town limits.
Council Member Werner
said that adoption of the resolution to implement the new process was a good
idea. Council Member Werner stressed
the need for greater interaction with University staff on planning and
construction of University projects. He
requested that the Manager periodically prepare a memorandum outlining University
planning and construction activity. Mr.
Waldon said it would be possible for Town staff to put such a report
together. Council Member Andresen said
she hoped that the staff would continue to provide periodic construction
activity reports to the Council. Mayor
Howes noted that the proposed resolution applied to documents made available
under the State environmental policy act.
Council Member Werner said the Council was well-served by being
forewarned about development proposals.
Mr. Horton said the staff would provide information on such
proposals. Council Member Brown said
the proposed new process was a good direction.
COUNCIL MEMBER BROWN
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1.1.
Council Member
Andresen inquired when the staff had received the environmental assessment for
EPA building project included in the Council's agenda materials. Mr. Waldon stated that the staff had
requested a sample environmental assessment from the State clearinghouse and
had received the EPA building assessment.
He said that the Town had not been receiving environmental impact
statements as a matter of course.
Council Member Andresen inquired whether the Triangle J Council of
Governments had been receiving the statements.
Mr. Waldon said this appeared to be the case. Council Member Preston stated that when she served as the
Council's Triangle J delegate, she had received notifications of proposed
buildings. Mayor Howes asked whether
the staff memorandum outlined the current State procedure for environmental
assessments. Mr. Waldon said this was
correct. Mr. Waldon noted that review
time extension could be made to individual State agencies through its clearinghouse. Mr. Horton said the staff would ensure that
there was adequate time for the Council to consider applications and make
comments at regular business meetings.
THE MOTION WAS PLACED
ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION
ESTABLISHING A POLICY FOR REVIEW OF DOCUMENTS MADE AVAILABLE TO THE TOWN UNDER
THE PROVISIONS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT (91-11-13/R-1.1)
WHEREAS, the Council
of the Town of Chapel Hill has an interest in development proposals in the Town
including the campus of the University of North Carolina; and
WHEREAS, the State
and federal governments establish review procedures for environmental documents
when public monies are involved; and
WHEREAS, the Council
intends to establish a procedure for Council comment on the adequacy of
Environmental Assessments and Findings of No Significant Impact or
Environmental Impact Statements provided to the Town by the State
Clearinghouse;
NOW, THEREFORE, BE IT
RESOLVED that the Council of the Town of Chapel Hill establishes the following
procedure regarding review of documents made available to the Town under the
provisions of the North Carolina Environmental Policy Act:
1. Upon
receipt of an Environmental Assessment and/or Impact Statement regarding said
development, from the State, the Town Manager shall distribute copies of such
documents to all Council members.
2. Upon
receipt and review of such documents, any Council member may request that the
Town Manager place the item on the next Council meeting agenda for discussion,
and that the Town Manager simultaneously make a request to the State
Clearinghouse Director that an extension of the comment period be negotiated.
3. The
full Council may then take up the matter and decide:
(a) to
make no comment; or
(b) to
make a comment to the State Clearinghouse.
4. The
Mayor shall transmit the Council comment on the proposal to the State
Clearinghouse.
This the 13th day of
November, 1991.
Item 6
Timing Thresholds Development Ordinance Text Amendment
Mr. Waldon reviewed
issues raised at the public hearing, including provisions for administrative
approval, types of criteria outlined and how thresholds would be
determined. He noted that an improved
mechanism for notification of adjoining property owners was included in the
staff and Planning Board recommendations.
Council Member
Andresen said proposed changes were good ones.
Council Member Andresen said she was particularly pleased by the change
in property owner notification processes.
Council Member Brown
said she was concerned about the change in the proposed extension period,
adding three years to completion time limits.
Mr. Waldon noted that the maximum time frame for project inception was
proposed as twenty-four months, because this tied it to vested right
provisions. Mr. Waldon stated that
extensions to time limits could be requested up to three times, for a total
extension of five years.
Council Member
Herzenberg suggested revising Ordinance 2b by adding revising the extension to
eighteen, rather than twenty-four, months.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 2B, AS
REVISED. THE MOTION WAS ADOPTED
UNANIMOUSLY (8-0).
AN ORDINANCE AMENDING
THE CHAPEL HILL DEVELOPMENT ORDINANCE, ADJUSTING PROCEDURES FOR REVIEW OF
DEVELOPMENT APPLICATIONS (91-11-13/O-2b)
WHEREAS, the Town
Council desires to have a set of regulatory procedures for the review of
development applications that reflects and promotes the Goals and Objectives of
the community; and
WHEREAS, there have
been examples brought to the Council's attention that illustrate the need for
adjustment in some components of the Town's procedures, particularly dealing
with minor development requests;
WHEREAS, the Council
of the Town of Chapel Hill has considered the proposed amendment to the Chapel
Hill Development Ordinance to adjust procedures for review of development
applications, and finds that the amendment is appropriate due to changed or
changing conditions in a particular area or in the jurisdiction generally and
achieves the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT
ORDAINED by the Council of the Town of Chapel Hill that the Council amends the
Chapel Hill Development Ordinance in the following ways:
SECTION I
That Section 18.5 --
Thresholds for Minor Change/Modification of SUP -- be amended as follows:
Existing Language: An increase of five (5) percent or more in the floor area or number
of parking spaces approved by the Council shall constitute a modification.
Proposed Language: An increase of five (5) percent or more in the floor area approved
by the Council, unless proposed addition is 2,500 square feet of floor area or
less, shall constitute a modification, whether such addition is proposed at one
time or over an extended period of time.
An
increase of five (5) percent or more in the number of parking spaces approved
by the Council, unless the proposed addition is 10 or fewer spaces, shall
constitute a modification, whether such addition is proposed at one time or
over an extended period of time.
SECTION II
That Section 18.6.2
-- Starting Time Limits for Special Use Permits -- be amended as follows:
Existing Language: If the use, construction, or activity authorized by Council ... is
not started within twelve (12) months of the date of approval or within such
further time stipulated in the approval, the approval shall automatically
expire and any Town permit issued pursuant to the approval shall be void.
Proposed Language: If the use, construction, or activity authorized by Council ... is
not started within twenty-four (24) months of the date of approval or within
such further time stipulated in the approval, the approval shall expire and any
Town permit issued pursuant to the approval shall be void. The Town Manager may grant a single
extension of the starting time limit for up to twelve (12) months, unless he
determines that paramount considerations of health, the general welfare, or
public safety require Council re-approval.
In such instances the Town Manager shall require the application to be
reviewed in accordance with the procedures set forth in Section 18.4.
SECTION III
That Section 19.2,
Site Plan Review Required, be amended as follows:
Existing Language: Site plan review and approval by the Council or Planning Board, as
appropriate, shall be required ... with the following exceptions ...
b)Any
development resulting in an increase of not more than fifteen percent (15%) in
either the floor area, number of parking spaces, or amount of land cleared for
non-agricultural development previously existing within a zoning lot;
Proposed Language: Site plan review and approval by the Council or Planning Board, as
appropriate, shall be required ... with the following exceptions ...
b)Expansion
of development previously existing within a zoning lot may be reviewed and
approved by the Town Manager if it would result in:
i)Addition
of not more than fifteen (15) percent of previously existing floor area, or
2,500 square feet of floor area, whichever is greater;
ii)Addition
of not more than fifteen (15) percent of previously existing parking spaces, or
10 parking spaces, whichever is greater; and
iii)An
increase of not more than fifteen (15) percent in the amount of land cleared
for non-agricultural development, or 10,000 square feet of new land clearing,
whichever is greater.
SECTION IV
That Section 19.6.1
-- Starting Time Limits for Zoning Compliance Permits -- be amended as follows:
Existing Language: If the use, construction, or activity authorized by approval of an
application for a Zoning Compliance Permit ... is not started within six (6)
months of the date of approval, or within such further time stipulated in the
approval, the approval shall automatically expire and any Town permit issued
pursuant to the approval shall be void.
Proposed Language: If the use, construction, or activity authorized by approval of an
application for a Zoning Compliance Permit ... is not started within twelve
(12) months of the date of approval or within such further time stipulated in
the approval, the approval shall expire and any Town permit issued pursuant to
the approval shall be void. The Town
Manager may grant a single extension of the starting time limit for up to
twelve (12) months, unless he determines that paramount considerations of
health, the general welfare, or public safety require Planning Board
re-approval. In such instances the Town
Manager shall require the application to reviewed in accordance with the
procedures set forth in Section 19.4.
SECTION V
That all sections of
the Development Ordinance in conflict herewith are hereby repealed.
This the 13th day of
November, 1991.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION
2. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
A RESOLUTION DIRECTING
THE MANAGER TO MAKE MINOR ADJUSTMENTS TO THE PARTICULAR DEVELOPMENT REVIEW
APPLICATION PROCEDURES
(91-11-13/R-2)
WHEREAS, the Council
of the Town of Chapel Hill has adopted particular amendments to the Development
Ordinance regarding development review
procedures, and;
WHEREAS, the Council
has with the adopting of the Development Ordinance Text Amendment made
adjustments which will expedite review of particular small and minor
development proposals, and;
WHEREAS, the Council
believes it is appropriate for adjacent property owners to be advised of
particular changes to the nearby development;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
directs the Town Manager to adjust the administrative process for minor
modification of Special Use Permits which involve more than a 1,000 square foot
addition to building(s) to include, for first class mailing by the Town, a set
of stamped, pre-addressed mailing envelopes for owners of real estate as listed
in the County tax records within a 500 foot radius of the subject property in
order to include the notification of these nearby property owners as a part of
the application acceptance procedure for these minor changes to Special Uses.
This the 13th day of
November, 1991.
Item 7 Response to Audit Management Letter
Finance Director
James Baker said the audit by Touche and Ross had found no material weaknesses
in the Town's financial procedures. Mr.
Baker added that the staff had no disagreements with the auditor's
recommendations. He briefly reviewed
improved procedures for cash prepayments, purchase authorizations and payroll
and insurance procedures. Mr. Baker
added that procedures would be instituted to improve existing inventorying
methods. He stated that Finance and
Town staff would comply with all recommendations made in the auditor's report.
Mayor Howes expressed
the Council's appreciation for a good audit and staff report. Mayor Howes said it was reassuring to be
able to ensure Town residents that their municipal finances were in good shape.
Item 8 Commission and Committee
Nominations
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO NOMINATE ALL
APPLICANTS TO THE BICYCLING ADVISORY COMMITTEE, COMMUNITY APPEARANCE COMMISSION
AND STORMWATER MANAGEMENT COMMITTEE, FOR APPOINTMENT CONSIDERATION AT THE
COUNCIL'S NOVEMBER 25TH MEETING.
Council Member Werner
suggested adding Dr. Ray Sturner to the nominees for the Bicycling Advisory
Committee. Hearing no objections, Mayor
Howes said Dr. Sturner was to be included with the previous nominees. Council Member Andresen inquired whether the
applicant pool was adequate to serve the needs of the Bicycling Advisory
Committee. Mayor Howes stated that it
was up to the Council to determine the appropriate number of members on the
committee. He urged Council Members to
encourage interested parties to submit applications for the three panels.
Item 9 Consent Agenda
Mayor Howes requested
the removal of item b. Council Member
Rimer requested the removal of items e and i.
Council Members Preston and Wilkerson requested the removal of item a.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO APPROVE THE BALANCE OF THE
CONSENT AGENDA (ITEMS D, F, G, H, J, K AND L) AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION
APPROVING VARIOUS RESOLUTIONS AND ORDINANCES
(91-11-13/R-4)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby adopts the
resolutions and ordinances as submitted by the Town Manager (excepting item b)
in regard to the following:
a. Minutes
of October 21 & 28, 1991 (To be distributed).
b. Triangle Transit Authority budget amendment
(O-3) and funds disbursal (R-5). Mayor
Howes.
c. Deleted.
d. Parking ordinance and resolution for winter
holiday parade (O-4, R-6).
e. Purchase
of recycled products (R-7).
f. Dawes
Street right-of-way closure (R-8).
g. Calling hearing on Brookview Road
right-of-way closure (R-9).
h. Rescheduling public hearing on downtown
parking DOTA (R-10).
i. Report
on Public Information Network.
j. Deleted.
k. Report
on mat and seal evaluation.
l. Bulldozer
maintenance report.
This the 13th day of
November, 1991.
AN ORDINANCE TO
PROHIBIT PARKING ON FRANKLIN STREET FOR OF A WINTER HOLIDAY PARADES
(91-11-13/O-4)
BE IT ORDAINED by the
Council of the Town of Chapel Hill that the Council hereby prohibits parking on
Franklin Street from Boundary Street to the western Town limits on Saturday,
December 7, 1991 from 6:00 a.m. to 12:30 p.m. and authorizes the Police
Department to cover parking meters accordingly.
BE IT FURTHER
ORDAINED that the Council authorizes the Manager in future years to implement
such parking restrictions in future years in connection with annual winter
holiday parades.
This the 13th day of
November, 1991.
A RESOLUTION
TEMPORARILY CLOSING PART OF FRANKLIN STREET ON SATURDAY, DECEMBER 7, 1991 FOR
THE ANNUAL HOLIDAY PARADE (91-11-13/R-6)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby authorizes the
temporary closing of East Franklin Street between Boundary Street and the
Carrboro Town limits from 8 a.m. to noon on Saturday, December 7, 1991 and on
similar dates in future years for the annual winter holiday parade.
This the 13th day of
November, 1991.
A RESOLUTION CLOSING
AN UNIMPROVED PORTION OF DAWES STREET RIGHT-OF-WAY (91-11-13/R-8)
WHEREAS, the Council
on August 26, 1991 adopted a resolution of intent to consider closing
approximately 200 feet of an unimproved portion of right-of-way at the end of
Dawes Street, and a public hearing thereon was held on October 21, 1991; and
WHEREAS, closing this
unused part of Dawes Street would not be contrary to the public interest; and
no individual owning property in the vicinity of the right-of-way would be
deprived of reasonable means of ingress and egress to his or her property by
the closing of said right-of-way;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
adopts this order pursuant to North Carolina G.S. 160A-299, permanently closing
a 200 foot long portion of the Dawes Street right-of-way immediately south of
the intersection of Monroe Street and Dawes Street, as shown on Orange County
Tax Map #89, and adjacent to Block K, Lots 9A, 9B, 9C, 9D, 9E, 9F, 10B, and
Block G, Lot 10; subject to the reservation of any existing public utility
easement, public storm drainage easement, and pedestrian, non-motorized vehicle
easement, which shall be shown on a plat to be provided by the party requesting
the right-of-way closure and approved by the Chapel Hill Engineering Department
and recorded with the Orange County Registrar of Deeds.
BE IT FURTHER
RESOLVED that said plat shall show the recombination of the subdivision and
elimination of lots that front on the Dawes Street cul-de-sac prior to this
right-of-way closure.
This the 13th day of
November, 1991.
A RESOLUTION CALLING
A PUBLIC HEARING ON THE PROPOSED CLOSURE OF PART OF THE BROOKVIEW ROAD
RIGHT-OF-WAY (91-11-13/R-9)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby declares its intent
to consider closing a part of the Brookview Road right-of-way, as shown on
Orange County Tax Map 28D, and adjacent to Lot 13B, which said right-of-way
considered for closure is approximately 14 feet wide and 126 feet long; and
calls a public hearing at 7:30 p.m. Tuesday, January 21, 1992 in the Council
Chambers of Town Hall, 306 N. Columbia Street,
Chapel Hill, on the proposed closing of said right-of-way.
BE IT FURTHER
RESOLVED that the Town Manager is hereby authorized to arrange publication and
mailing of notices of the hearing as required by State law.
This the 13th day of
November, 1991.
A RESOLUTION
POSTPONING A PUBLIC HEARING ON PROPOSED CHANGES TO DOWNTOWN PARKING
REQUIREMENTS (91-11-13/R-10)
WHEREAS, the Council
has called a Public Hearing for November 18 to consider proposed changes to
Town Center parking requirements; and
WHEREAS, the Planning
Board has asked for additional time to further study the proposal;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council changes the
date of the Public Hearing from November 18, 1991 to January 21, 1992.
This the 13th day of
November, 1991.
Council Member
Wilkerson requested a correction on Page 26 of the October 28th minutes. Council Member Preston requested revisions
to page 10 of the October 21st minutes and page 12 of the October 28th meeting.
COUNCIL MEMBER
WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF
OCTOBER 21ST AND 28TH, AS REVISED. THE
MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Mayor Howes
introduced Triangle Transit Authority Director Jim Ritchey. Mayor Howes indicated that the Triangle
Transit Authority was requesting local funding on the basis of community's
populations. Mr. Ritchey thanked the
Council for their past and continuing support.
Council Member Andresen inquired whether the authority had the promotion
of intercity bus service as one of its goals.
Mr. Ritchey said yes, adding that the authority was continuing to work
on possible routing and scheduling for intercity service.
COUNCIL MEMBER
WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE
3. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
AN ORDINANCE AMENDING
THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUES FOR THE
FISCAL YEAR BEGINNING JULY 1, 1991 (91-11-13/O-3)
BE IT ORDAINED by the
Town Council of Chapel Hill that the Council hereby amends the ordinance
entitled "An Ordinance concerning Appropriations and the Raising of
Revenue for the Fiscal Year Beginning July 1, 1991" as follows:
ARTICLE I
APPROPRIATIONS CURRENT REVISED
BUDGET INCREASE
DECREASE BUDGET
TRANSPORTATION FUND
Non-departmental 313019 9,000
322,109
ARTICLE II
REVENUES
TRANSPORTATION FUND
FUND BALANCE
212,300 9,000 221,300
This the 13th day of
November, 1991.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING
ALLOCATION OF $9,000 TO THE TRIANGLE TRANSIT AUTHORITY (91-11-13/R-5)
BE IT RESOLVED by the
Town Council of Chapel Hill that the Council hereby authorizes the Manager to
disburse to the Triangle Transportation Authority $9,000 as appropriated from Transportation
Fund balance by the Council's budget ordinance amendment adopted on November
13, 1991 in connection with this matter.
This the 13th day of
November, 1991.
Council Member
Andresen expressed the Council's appreciation to Mayor Howes for his service on
the Triangle Transit Authority Board of Directors. Mayor Howes thanked the Council for the opportunity to serve in
this capacity. He noted that a major
priority of the authority had been receiving approval for an additional vehicle
license fee to fund authority operations.
Council Member Rimer
inquired why the Town had not been included in a listing of communities with
recycling programs. He also noted that
the Triangle J Council of Governments was holding a meeting on November 18th to
discuss the purchasing of recycled products.
Council Member Rimer suggested that a member of the staff attend this
meeting. Mr. Horton said that the staff
was quite active in the area of purchasing recycled products. He also noted that the Town had not been
included in the listing because no materials had been submitted to the
applicable group. Mr. Horton added that
the Council had not adopted a comprehensive resolution concerning the
purchasing of recycled products at the time the article was published.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
WHEREAS, sanitary
landfill space is at a premium, and future landfill sites will be increasingly
difficult to find; and
WHEREAS, much of the
material that enters the waste stream can be recycled, reused or incorporated
in the manufacture of new products; and
WHEREAS, the Council
supports waste reduction, increased recycling and the manufacture and use of products
made with recycled materials; and
WHEREAS, the Town of
Chapel Hill has already established the practice of purchasing items made with
recycled paper, plastic and other materials; and
WHEREAS, the Council
desires to participate in the national effort to promote recycling through
purchase and use of products made with recycled materials;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the
following policies regarding purchase of items manufactured with recycled
materials:
1. The
Town will seek to buy and use products needed for Town services which are made
with recycled materials if fitness, quality, and price and other relevant
considerations are substantially equivalent to or better than those of non-recycled
products; and the Town will continue to follow State law regarding purchasing
procedures.
2. The
Town will seek to coordinate purchasing activities with other governments to
promote purchasing based on the above policies.
3. The
Manager will review the Town's purchasing needs and specifications to identify
feasible new opportunities to specify and purchase items with recycled
materials in accord with the above policies.
4. The
Council authorizes the Manager to establish administrative polices and
procedures regarding purchase of items made with recycled material. Such
policies shall be consistent with this resolution.
This the 13th day of
November, 1991.
Council Member Rimer
said he realized that assistance could not be provided to the Public
Information Network, Inc. due to budget concerns and implications. He suggested that the Council adopt a
resolution supporting the Public Information Network (PIN) in concept. Council Member Rimer said supporting the
organization in concept would be helpful for the organization's future
fund-raising capabilities.
Bill Hutchins,
representing the Public Information Network, said he had prepared a revision to
his organization's resolution of support request. Mr. Hutchins said adoption of the proposed resolution would
assist PIN in planning, pending the Town's next budget cycle. He stated that PIN had applied for grants
from three local area foundations, two of whom had rejected the requests. Mr. Hutchins said PIN had recently received a
video about a citizen's computer bulletin board program in Peoria,
Illinois. He indicated that a copy of
the video could be made available to the Mayor and Council. Council Member Rimer requested that the
staff bring back an appropriate resolution of support at the Council's next
regular meeting. Mr. Horton said the
staff welcomed the opportunity to be of assistance. Council Member Rimer said the proposed resolution was fairly
innocuous. Mr. Horton said the matter
could come back for Council consideration at their November 25th regular
meeting.
Mayor Howes requested
that Mayor-Elect Broun and Council Member-Elect Chilton join the Council in the
Executive Session.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADJOURN THE REGULAR MEETING
AND MOVE INTO EXECUTIVE SESSION. THE
MOTION WAS ADOPTED UNANIMOUSLY (8-0).
No report followed
the Executive Session.
The meeting stood
adjourned at 8:44 p.m.