MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF

CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 26, 1995 AT 7:30 P.M.

 

Mayor Broun called the meeting to order.Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Lee Pav„o, Barbara Powell, Jim Protzman and Rosemary Waldorf.Council Member Pat Evans was absent excused.Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Parks and Recreation Director Michael Loveman, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

††††††††††††††††††††††† Item 1Ceremony

 

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 1, RECOGNIZING THE COMMUNITY SERVICE OF MS. ALICE WELSH.THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mayor Broun read the following resolution, honoring Ms. Welsh:

 

A RESOLUTION HONORING MS. ALICE M. WELSH'S CONTRIBUTIONS TO THE CHAPEL HILL COMMUNITY AND TO THE DEVELOPMENT OF THE CHAPEL HILL GREENWAY SYSTEM (95-6-26/R-1)

 

WHEREAS, Alice M. Welsh served on the Board of Aldermen of the Town of Chapel Hill from June 22, 1970 to December 8, 1975, and Ms. Welsh served as a member and chair of the Board's Open Space Committee; and

 

WHEREAS, Ms. Welsh also served on the Chapel Hill Planning Board and Community Appearance Commission; and

 

WHEREAS, Ms. Welsh served on the Growth Management Task Force appointed by the Town Council to make recommendations in 1984; and

 

WHEREAS, Alice Welsh led the Board of Aldermen in obtaining, as part of decisions on new development, recreational and open space areas including land for greenway trails; and

 

WHEREAS, Ms. Welsh was instrumental in persuading property owners to voluntarily give the Town easements along Bolin Creek between Airport Road and Franklin Street which are now part of the Bolin Creek Greenway; and

 

WHEREAS, Ms. Welsh and others successfully pursued obtaining land in the property now developed as Cedar Falls Park and for the Charles Jones Park, the Ephesus Road Park and the Emily Braswell Perry Park; and

 

WHEREAS, the Bolin Creek Greenway, Cedar Falls Park and other park, open space and recreational properties are immensely enjoyed by thousands of Chapel Hill citizens; and

 

WHEREAS, Ms. Welsh's leadership in obtaining these lands will benefit the community for generations to come;

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of Chapel Hill that the Council hereby honors

 

††††††††††††††††††††††† ALICE M. WELSH

 

for her service to the community and especially her work in the early development of the Chapel Hill greenway system and other acquisitions of park and recreation properties; and

 

BE IT FURTHER RESOLVED that the Council hereby dedicates phase one of the Bolin Creek Greenway to Ms. Welsh in recognition of her contributions to the Chapel Hill community, and authorizes the installation of an appropriate marker or plaque to recognize Ms. Welsh.

 

This the 26th day of June, 1995.

 

Ms. Welsh thanked the Mayor and Council for recognition of her community service.She said it was very important for vigorous greenway-related efforts to continue.Ms. Welsh stated that Bill Campbell, Hank Anderson and Council Member Powell had all been instrumental in securing funds for the Town's greenway system.

 

There were no non-development public hearings.

 

†††††††††††††††††† Item 3Petitions

 

Mayor Broun noted that a petition had been received from residents of the Kensington Drive area about traffic safety concerns.He suggested that this item could be placed on the Council's July 5th agenda.

 

Council Member Brown stated that John Hartwell, speaking on behalf of Peace Action and the Women's International League, had called her earlier in the day to request that the Council only consider the proposed memorials for August 6th and 9th, deferring consideration of a longer-term memorial.

 

Bill Patterson, Chief Administrative Officer of the North Carolina American Legion, said he hoped that the Council would take into account the fact that the proposed memorial was a very personal and emotional one for World War II andother veterans.He stated that a number of veterans felt that their side was not heard when considering proposals such as the one being proposed by Peace Action.

 

Council Member Capowski said although both sides had equally bona fide points, he did not feel that the Town should promote either side of the matter.He also stated that equal time and space could possibly be granted to both organizations.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO RECEIVE AND REFER PEACE ACTION'S AND MR. PATTERSON'S PETITIONS.

Council Member Chilton asked whether staff would be able to respond to the petition by the next meeting.Mr. Horton said staff would attempt to do so.Council Member Brown said it was important for the Council to act on the matters, since the ceremonies were proposed for early August, during the Council's summer recess.

 

THE MOTION TO RECEIVE AND REFER WAS ADOPTED UNANIMOUSLY (8-0).

 

Jeff Simnad said his family had recently relocated to the Town from California.He requested that the Council consider closing Franklin Street to vehicular traffic between 6:00 a.m. and 4:00 p.m. on weekdays.Noting that Franklin Street was a State highway, Mayor Broun said the Town had no authority to close Franklin Street in such a manner.Mr. Simnad asked whether the Town could initiate a new proposal to the State.Council Member Chilton stated that similar discussions with NCDOT concerning partial closure of Franklin Street had been unsuccessful.

 

Mrs. Brian Walker, a resident of South Graham Street, requested the Council's assistance to paint yellow pavement markings to delineate no parking zones on Graham Street, especially at the end of private driveways.Ms. Walker stated that neighborhood residents did not want large trucks on their streets.She also said that lighting on South Graham Street was very poor.Town Engineer George Small said Town staff had attempted to find a compromise on the matter, reserving some on-street parking for area visitors and setting aside a portion for area residents.Mayor Broun inquired whether it was a violation of Town ordinances to park over the end of driveways.Mr. Small said this was correct.Council Member Chilton asked whether vehicles were towed in such instances.Mr. Horton said citations were typically issued.He stated that staff could monitor the situation and take actions needed for resolution of the matter.Mr. Small said Engineering staff would be pleased to work with South Graham Street residents to address their concerns.

 

Referencing the staff's information report on the Town's F bus route, Joan Bartel said she was concerned about the need for bus riders to cross Franklin Street in order to access the library.

She requested that the Council have the Transportation Board investigate the possibility of providing Shared Ride service to the library facility.Mayor Broun said the Council could discuss this matter in the future.

 

Bill Hutchins, representing the Triangle Free Net and Public Information Network, said his organization was disappointed that staff had not recommended approval of their funding request.He stated that the Triangle Free Net offered a number of on-line services which were not offered by the NCINFO system, including school information, information about non-governmental activities, and opportunities for on-line public forums.He requested that the Council consider providing funding to locate a public access terminal in the Town's library facility.

 

Judy Holman, Executive Director of the Triangle Free Net, said volunteers had been working for about six years to develop a public access computer bulletin board.She stated that her organization's principal goal was to provide user-friendly public access to a variety of on-line information.

 

Council Member Brown requested that the Council take a few minutes to discuss the request.

 

Council Member Capowski inquired whether the recently approved 1995-96 budget contained funding for a Town home page on the Internet.Mr. Horton said this would be tied into the Institute of Government's system during the next year.Council Member Capowski said he could not see using Town funds to support the proposed Triangle Free Net system.Council Member Brown inquired about the costs of installing a public terminal for the Triangle Free Net system at the library.Mr. Horton said the principal cost would be for telephone line costs.Council Member Brown requested that staff provide a follow-up report on the cost of providing a terminal at the library.Mr. Horton said staff would do so.

 

Mr. Horton noted that Michael Waldroup had submitted a petition earlier in the day concerning mass transit alternatives.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE MR. WALDROUP'S PETITION.THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Council Member Waldorf noted that Mr. Waldroup had requested that the matter be referred to Town staff and the Transportation Board.

 

Noting the late receipt and copiousness of the petition, Council Member Chilton suggested that the Council discuss the matter at its July 5th meeting.Noting that a significant amount of staff work might be involved, Mayor Broun said he would be hesitant to refer the matter to staff.Mayor Broun suggested that the matter be carried over to the Council's July 5th agenda.Council Member Brown said the matter could also be referred to the Triangle

Transit Authority in the future.

 

†††††††† Item 4Consent Agenda & Information Reports

 

Council Member Waldorf requested removal of item "l" from the consent agenda for discussion.Council Member Chilton requested removal of item "k" for discussion.Mayor Broun noted the significance of the Council adopting item "q" concerning handgun regulations.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (ALL BUT ITEMS K AND L). THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (95-6-26/R-2)

 

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

 

†††† a.†† Minutes of May 8, 15, 17, 22, 24, 31 and June 5, 1995.

†††† b.†† Scheduling a planning and reporting session of the Council on August 26 (R-3).

†††† c.†† Year-end budget amendment (O-1a, b and c).

†††† d.†† Awarding a contract to replace the North Lake Shore Drive bridge (R-4).

†††† e.†† Speed limit changes for part of Weaver Dairy Road and for the Culbreth Road school zone (O-2).

†††† f.†† (1)Annexation boundary agreement with Town of Carrboro including change in planning jurisdiction (R-5a and b).

††††††††† (2)Related zoning actions (O-3).

†††† g.†† Extending to December 31, 1995 the deadline for completing work on the University's boiler plant (R-6).

†††† h.†† Setting market value for Lincoln Lane properties to be acquired for the Knolls neighborhood revitalization program (R-7).

†††† i.†† Change in employee classification ordinance (O-4).

†††† j.†† Policy on E-Z Rider fare waivers (R-8).

†††† k.†† Changes to regulations regarding possession and consumption of alcohol on streets and sidewalks and certain other areas (O-5).

†††† l.†† Requirements for annual reports on Transportation management plans (R-9).

†††† m.†† A resolution authorizing performance agreements for visitor services and cultural events funded with hotel-motel taxes (R-10).

†††† n.†† A resolution authorizing performance agreements for human services (R-11).

†††† o.†† Increase in penalties for parking outside marked lines of metered parking spaces (O-6).

†††† p.†† Proposed parking regulations for various locations within Chapel Hill (O-7).

†††† q.†† Resolutions on carrying concealed weapons and State preemption of local gun control laws (R-11.1a and b)

 

This the 26th day of June, 1995.

 

 

 

A RESOLUTION SCHEDULING A PLANNING SESSION (95-6-26/R-3)

 

BE IT RESOLVED by the Town Council that the Council hereby schedules a planning and reporting session on Saturday, August 26, 1995 in the meeting room at the Library, 100 Library Drive, or at another location to be determined by the Mayor in consultation with the Council.

 

This the 26th day of June, 1995.

 

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994" (95-6-26/O-1a)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1993" as duly adopted on June 6, 1994 be and the same is hereby amended as follows:

 

†††††††††††††††††††††††††† ARTICLE I

 

††††††††††††††††††††††† Current††††††††††††††††††††† Revised

††††††††††††††††††††††† Budget††† IncreaseDecreaseBudget

 

APPROPRIATIONS

 

GENERAL FUND

 

Town Clerk†††††††† 251,372††††† 2,000††††††††††† 253,372

 

Police

††† Support Svcs.1,434,920†† 158,420††††††††† 1,593,340

 

Public Works

††† Streets††††††††† 952,155††† 103,409††††††††† 1,055,564

††† Construction†† 420,486††† 129,153††††††††††† 549,639

 

Finance††††††††††† 715,546†††† 38,396††††††††††† 753,942

 

Planning†††††††††† 654,180†††† 12,000††††††††††† 666,180

 

Parks & Recreation

††† General Rec.†††† 935,825†††† 31,500††††††††††† 967,325

 

Non-Departmental

††† Transfer to CIP100,000†††† 70,000††††††††††† 170,000

 

††† Contingency†††††† 21,090†††††††††† ††† 2,000††† 19,090

 

 

 

††††††††††††† †††††† Current††††††††††††††††††††† Revised

††††††††††††††††††††† Budget†† Increase Decrease††† Budget

 

 

PUBLIC HOUSING

FUND†††††††††††† 1,056,303††† 33,119††††††††† 1,089,422

 

 

CAPITAL RESERVE

FUND†††††††††††††† 300,000†††† 86,385††††††††††† 386,385

 

CAPITAL IMPROVEMENTS

FUND†††††††††††††† 794,872††† 238,000††††††††† 1,032,872

 

 

††††††††††††††††††††††††† ARTICLE II

 

REVENUES

 

GENERAL FUND

 

Transfers/†††††††† 639,591††† 429,378††††††††† 1,068,969

Other Sources

††† Grants†††††††††† 382,188†††† 12,000††††††††††† 394,188

††† Service Charges628,565†††† 31,500††††††††††† 660,065

 

Appropriated Fund

††† Balance††††††† 1,273,468††† 70,000††††††††† 1,343,468

 

 

PUBLIC HOUSING

FUND†††††††††††† 1,056,303††† 33,119††††††††† 1,089,422

 

 

CAPITAL RESERVE FUND

 

Appropriated Fund Balance 0††† 86,385†††††††††††† 86,385

 

CAPITAL IMPROVEMENTS

FUND

††† From Housing

††††† Development Fund†††† 0††† 108,000††††††††††† 108,000

††† From Capital Reserve

††††† Fund†††††††††† 100,000†††† 60,000††††††††††† 160,000

††† From General Fund 100,000††† 70,000††††††††††† 170,000

 

 

This the 26th day of June, 1995.

 

 

 

AN ORDINANCE TO AMEND A GRANT PROJECT ORDINANCE FOR NEW PUBLIC HOUSING UNITS (95-6-26/O-1b)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby established:

 

†††††††††††††††††††††††††† SECTION I

 

The project authorized is the construction of new public housing units as approved by Council on July 10, 1989 (89-7-10/R-15.1):Funds are as contained in the Development Grant Agreement and the Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) for Project Grant 10 contributions.The project activities will include the construction costs for 24 new public housing units.

 

††††††††††††††††††††††††† SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document(s), the rules and regulations the U.S. Department of Housing and Urban Development, and the budget contained herein.

 

††††††††††††††††††††††††† SECTION III

 

Revenues for the project are hereby amended as follows:

 

†††††††††††††††††††††††††††††† Current Budget†† Amended Budget

 

HUD Development Grant††††† $1,720,795††††††† $1,720,795

Transfer from General Fund†††††††††††††††††††††† 38,000 38,000

Transfer from Capital Reserve

†††† Fund††††††††††††††††††† 151,000†††††††† †† 43,000

 

†††† TOTAL†††††††††††††††††† $1,909,795††††††† $1,801,795

 

††††††††††††††††††††††††† SECTION IV

 

Amounts appropriated for the project are hereby amended as follows:

 

†††††††††††††††††††††††††††††† Current Budget†† Amended Budget

 

Administration†††††††††††† $†† 30,000††††††† $†† 30,000

Professional Services††††††††† 86,500††††††††††† 86,500

Construction††††††††††††††† 1,793,295††††††† 1,685,295

†††† TOTAL†††††††††††††††††† $1,909,795††††††† $1,801,795

 

 

 

 

†††††††††††††††††††††††††† SECTION V

 

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the grant agreement(s) and Federal and State requirements.

 

††††††††††††††††††††††††† SECTION VI

 

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed within five (5) days of adoption with the Manager, Finance Director and Town Clerk.

 

This the 26th day of June, 1995.

 

AN ORDINANCE TO AMEND THE GRANT PROJECT ORDINANCE FOR SEWER GRANTS AND ASSISTANCE (95-6-26/O-1c)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

 

†††††††††††††††††††††††††† SECTION I

 

The projects authorized is to provide assistance in providing sewer connections in unsewered neighborhoods in Chapel Hill.Funds for the project are from .5 cents sales tax funds reserved for sewer projects as authorized by the Council.

 

††††††††††††††††††††††††† SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the Council's allocations and directives within the funds appropriated herein.

 

††††††††††††††††††††††††† SECTION III

 

Revenues anticipated to be available to the Town to complete activities for the project are hereby amended as follows:

 

†††††††††††††††††††††††††††††† Current Budget†† Amended Budget

 

1/2% Sales Tax Allocations†††††††††††††††††††† $324,000 $350,385

 

 

 

 

 

 

 

††††††††††††††††††††††††† SECTION IV

 

Amounts appropriated for the project are hereby amended as follows:

 

†††††††††††††††††††††††††††††† Current Budget†† Amended Budget

 

Allocations for Sewer Grants and

Payments to OWASA††††††††††† $324,000††††††††† $350,385

 

†††††††††††††††††††††††††† SECTION V

 

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report.He shall also keep the Council informed of any unusual occurrences.

 

††††††††††††††††††††††††† SECTION VI

 

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed within five (5) days of adoption with the Manager, Finance Director and Town Clerk.

 

This the 26th day of June, 1995.

 

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE REPLACEMENTOFBRIDGE#117 ONNORTHLAKESHORE DRIVE (95-6-26/R-4)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the April 30, 1995 edition of The Chapel Hill News, and the May 4, 1995 edition of The Challenger, in accordance with G.S. 143-129, for the Replacement of Bridge 117 on North Lakeshore Drive; and

 

WHEREAS, the following bids were received and opened on May 31, 1995:

 

††††††††††††† BIDDER††††††††††††††††††††††††††† ††† BID

 

†††† Burleigh Construction Company††††††††††††††† $172,260.00

†††† Sanford Construction Company†††† †††††††††† 177,656.00

†††† Rea Construction Company††††††††††††††††††††† 195,353.50

†††† C.C. Mangum, Inc.††††††††††††††††††††††††††† 227,772.00

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Burleigh Construction Company in the amount of $172,260.00 and authorizes the Town Manager to execute a contract for the work.

 

This the 26th day of June 1995.

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (95-6-26/O-2)

 

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

 

†††††††††††††††††††††††††† SECTION I

 

That Section 21-11(A) of the Town Code of Ordinances, "Speed regulations" is amended by inserting the following therein, in appropriate alphabetical order:

 

(3)Thirty-five miles per hour:

 

†††† (t)Weaver Dairy Road from NC 86 to Erwin Road.

 

†††† (v)Culbreth Road from US 15/501 to the western corporate limits.

 

††††††††††††††††††††††††† SECTION II

 

That Section 21-11(C) of the Town Code of Ordinances, "School Zones" is amended by inserting the following therein, in appropriate alphabetical order:

 

(1)(d)Culbreth Road from a point five hundred (500) feet east of the eastern boundary line of the Culbreth Middle School to a point five hundred (500) feet west of the western boundary line of the Culbreth Middle School.

 

††††††††††††††††††††††††† SECTION III

 

These ordinances shall become effective August 1st, 1995.

 

††††††††††††††††††††††††† SECTION IV

 

All ordinances or portions of ordinances in conflict herein are hereby repealed.

 

This the 26th day of June, 1995.

 

A RESOLUTION AUTHORIZING THE MAYOR OF THE TOWN OF CHAPEL HILL TO EXECUTE AN AGREEMENT ESTABLISHING AN ANNEXATION BOUNDARY AGREEMENT AND ADJUSTING THE EXTRATERRITORIAL PLANNING JURISDICTION (ETJ) LINE BY AND BETWEEN THE TOWN OF CARRBORO AND THE TOWN OF CHAPEL HILL(95-6-26/R-5a)

 

WHEREAS, establishing an Annexation Boundary Line between the Town of Chapel Hill and the Town of Carrboro would coordinate annexation efforts and would define predictable areas for future annexation by each town; and

 

WHEREAS, adjusting the Extraterritorial Planning Jurisdiction (ETJ) Line to match the Annexation Boundary Line would ensure that most property owners need permit approval from only one jurisdiction, rather than two jurisdictions; and

 

WHEREAS, the Chapel Hill/Carrboro Annexation Boundary Work Group's recommended Annexation Boundary Line and corresponding adjustment of the Extraterritorial Planning Jurisdiction (ETJ) Line provides a fair and equitable division of land that would promote the comprehensive and orderly growth of the Town of Chapel Hill over the next 20 years;

 

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Chapel Hill hereby authorizes the Mayor of the Town of Chapel Hill to execute an Agreement Establishing an Annexation Boundary Agreement and Adjusting the Extraterritorial Planning Jurisdiction (ETJ) Line By and Between the Town of Carrboro and the Town of Chapel Hill.

 

This the 26th day of June, 1995.

 

A RESOLUTION ESTABLISHING PRINCIPLES OF PROTECTION FOR ENTRANCEWAYS (95-6-26/R-5b)

 

WHEREAS, Chapel Hill and Carrboro have mutually entered into an agreement on establishing an annexation boundary line between the two Towns pursuant to Article 4A, Part 6 of G.S. Chapter 160A; and

 

WHEREAS, Chapel Hill and Carrboro recognize the value of protection of entranceways to preserve the community's character and beauty; and

 

WHEREAS, Smith Level Road south of Ray Road serves as the boundary line for the University Lake watershed and is important to the general health and welfare of the community and should remain in its present configuration;

 

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Chapel Hill endorses the following:

 

††††††††††††††††††††††††† SECTIONI

 

Each jurisdiction shall in the exercise of its land use, zoning, and police powers, adopt plans, policies and/or ordinances that will protect the visual character of Smith Level Road as a significant entranceway into the community, especially its views, vistas, and forested and open areas, without being required to get the approval of the other entity.

 

 

 

 

††††††††††††††††††††††††† SECTIONII

 

Each jurisdiction agrees that Smith Level Road, because it is important to the general health and welfare of the community, should remain a two-lane road between Rock Haven Road and Starpoint in order to help protect its entranceway character and to serve as the boundary line for the University Lake Watershed.The jurisdictions will cooperate with each other in protecting this entranceway.

 

†††††††††††††††††††††††† SECTIONIII

 

This resolution shall become effective upon adoption.

 

This the 26th day of June, 1995.

 

 

AN ORDINANCE TO ZONE NEW LAND IN THE TOWN OF CHAPEL HILL'S SOUTHERN PLANNING JURISDICTION AND THREE LOTS NORTH OF DOGWOOD ACRES (95-6-26/O-3)

 

WHEREAS, the Carrboro Board of Aldermen have adopted an annexation boundary agreement that adjusts the Town's southern extraterritorial planning jurisdiction (ETJ) boundary; and

 

WHEREAS, the Council of the Town of Chapel Hill has adopted the same annexation boundary agreement that adjusts the Town's southern extraterritorial planning jurisdiction (ETJ) boundary; and

 

WHEREAS, the new ETJ line places an additional 250-foot strip in the Town of Chapel Hill's planning jurisdiction; and

 

WHEREAS, three lots orth of Dogwood Acres were considered by the Council for Residential-1 zoning in accordance with the Southern Small Area Plan in November 1993, but were inadvertently omitted from the ordinances that were adopted by the Council; and

 

WHEREAS, the Council has considered appropriate zoning designations for these properties in the context of existing Chapel Hill zoning of adjacent lots, compatibility with uses in the surrounding areas, and Chapel Hill's 1992 Southern Small Area Plan;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that zoning be assigned to the above-mentioned properties as designated on the attached map.

 

This the 26th day of June, 1995.

 

 

A RESOLUTION APPROVING A REQUEST FOR EXTENSION OF THE COMPLETION TIME LIMIT FROM THE SPECIAL USE PERMIT FOR THE UNIVERSITY COGENERATION FACILITY (95-6-26/R-6)

 

WHEREAS,the University has requested that the Town Council grant an extension of the completion time limit for the reconstruction of the University's Cogeneration Facility; and

 

WHEREAS,the University has been working on noise abatement measures for three years in an attempt to bring the Cogeneration Facility into compliance with the Town's Noise Ordinance; and

 

WHEREAS, the University has explained that planning is underway to inclose the source of the noise that is causing non-compliance with the Town's Noise Ordinance, and that he anticipates that the work will be completed by December 31, 1995; and

 

WHEREAS, it is in the best interest of the Town and the surrounding neighborhood for the University to complete the noise abatement work and bring the facility into compliance with the Town's Noise Ordinance;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby makes the following determinations regarding the request for an extension of the completion time limit for the University Cogeneration Facility:

 

a) the permit holder submitted the request within sixty (60) days of the completion date;

 

b) the permit holder has proceeded with due diligence and good faith; and

c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development.

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the completion time limit for the University Cogeneration Facility is hereby extended until December 31, 1995.

 

This the 26th day of June, 1995.

 

 

A RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF 140, 142 AND 150 LINCOLN LANE (95-6-26/R-7)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it has been determined on the basis of an appraisal by Mr. Shannon Julian and a review appraisal by Mr. Lee Butzin that the just compensation of the properties to be acquired for Community Development purposes are as follows:

 

 

 

 

 

††††††††††††††††††††††††††††††††††††† Interest to†† Fair Market

Parcel Number††††† Owner††††††††††††† Be Acquired†† Value

 

7.100.C.11P†† John Northen, Trustee†† House and Lot $45,000

(140 Lincoln La.)

 

7.100.C.11N†† John Northen, Trustee†† House and Lot $45,000

(142 Lincoln La.)

 

7.100.C.11C†† John Northen, Trustee†† House and Lot $43,500

(150 Lincoln La.)

 

BE IT FURTHER RESOLVED that the Council hereby certifies that to the best of its knowledge, the work of the appraiser, Mr. Shannon Julian, and the review appraiser, Mr. Lee Butzin, has beenperformed in a competent manner in accord with the applicable state and federal laws and the policies and requirements of the U. S. Department of Housing and Urban Development; and authorizes the Manager to loanCommunity Development funds to the Pines Community Center, Inc to acquire the properties for an amount not to exceed the fair market value as determined by the appraisals of Mr. Shannon Julian.

 

BE IT FURTHER RESOLVED that the Town will not use its powerof eminent domain to acquire the properties if negotiations fail to result in an amicable agreement with the property owner.

 

BE IT FURTHER RESOLVED that the Town Council requests the Pines Community Center, Inc. to submit a schedule for completing the rehabilitation of houses four through ten, and the sale of houses one and two, and four through ten;and a detailed renovation plan and budget for 140, 142 and 150 Lincoln Lane (houses eight, nine and ten).

 

This the 26th day of June, 1995.

 

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (95-6-26/O-4)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials, beginning September 1, 1995 (95-6-5/O-4)"

 

In Section IV, part C, in the Public Works Department, Field Operations Division, Right of Way/Drainage Section, DELETE the lines

 

 

 

†††††††††††††††††††††††††††† Full-time†††† Part-time†††† Grade

†††††††††††††††††††††††††††† #††† hours†††† #††† hours

 

Street Cleaning Eq.Oper. II1††† 40††††††† -††† -†††††††† 16

Street Cleaning Eq.Oper. I†† 1††† 40††††††† -††† -†††††††† 15

 

and ADD the lines

 

†††††††††††††††††††††††††††† Full-time†††† Part-time†††† Grade

†††††††††††††††††††††††††††† #††† hours†††† #††† hours

 

Construction Worker††††††††† 2††† 40††††††† -††† -†††††††† 13-17

(I, II, III)

 

 

This the 26th day of June, 1995.

 

 

A RESOLUTION ADOPTING A REVISED TRANSPORTATION FEE WAIVER POLICY FOR EZ-RIDER PATRONS (95-6-26/R-8)

 

WHEREAS, the Town of Chapel Hill operates EZ-Rider service for those citizens who have mobility impairments; and

 

WHEREAS, some EZ-Rider patrons are economically disadvantages and cannot afford the cost of this service; and

 

WHEREAS, some economically disadvantaged EZ-Rider patrons are ineligible for financial assistance from local social service agencies;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the attached EZ-Rider Fee Waiver Policy be adopted.

 

This the 26th day of June, 1995.

 

 

A RESOLUTION APPROVING 1995-1996 ALLOCATIONS FOR PERFORMANCE AGREEMENTS USING HOTEL/MOTEL TAX FUNDS (95-6-26/R-10)

 

WHEREAS, the Council adopted criteria for selection of hotel/motel projects on January 23, 1989, and provided further guidance on October 14, 1991 and April 11, 1994; and

 

WHEREAS, the recommended proposals meet the criteria established by the Council;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following project proposals for FY 1995-96 for the use of hotel/motel tax funds:

 

††††††††††††††††††††††††††††††††††††††††††††††††

Applicant†††††††††††††† Proposed Project†††††††††††† Allocation

 

Abundant Life/††††††††† Cultural Arts Bazaar††††† $5,000

Seeds of Sheba

 

CH/Carrboro Sister †††† Saratov Exchange†††††††††††††† 1,000

Cities

 

Community Youth Theatre Summer Production††††††††††††††† 800

 

La Fiesta del Pueblo††† Latin American Festival††††††† 5,000

 

NC High School †††††††† Championships in Chapel Hill†† 7,500

Athletic Assoc.

 

NC Symphony Society†††† Summer Outdoor Concert†††††††† 2,400

 

Orange County Arts††††† Directional Map Reprint††††††† 1,700

Commission

 

Street Scene Teen†††††† Weekend Bands at Street Scene2,600

Center

 

Women's Center††††††††† Women's Art Show†††††††††††††† 2,000

 

††††††††††††††††††††††† TOTAL††††††††††††††††††††††† $28,000

 

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to execute, on behalf of the Town, performance agreements with the above organizations for use of the hotel/motel tax funds.

 

This the 26th day of June, 1995.

 

 

A RESOLUTION APPROVING 1995-96 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (95-6-26/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following appropriations for performance agreements with human service agencies in 1995-96 to address the community's human service needs identified by the Human Services Advisory Board:

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††† Amount

 

The ARC†††††††††††††††††††††††††††††††††††††††††††††† $7,000

Center for Peace Education†††††††††††††††††††††††††††††† 4,000

Chapel Hill/Carrboro Meals on Wheels†††††††††††††††††††† 3,000

Charles House††††††††††††††††††††††††††††††††††††††††††† 4,000

Child Care Networks††††††††††††††††††††††††††††††††††††† 1,000

Community School People Under Six††††††††††††††††††††††† 2,150

Consumer Credit Counseling Services††††††††††††††††††††† 3,500

Day Care Services Association††††††††††††††††††††††††††† 7,000

Dispute Settlement Center††††††††††††††††††††††††††††††† 4,500

Joint Orange-Chatham Community Action††††††††††††††††††† 8,000

Franklin Street Teen Center††††††††††††††††††††††††††††† 3,000

Mental Health Association in Orange County†††††††††††††† 2,000

Orange County Disability Awareness Council†††††††††††††††† 500

Orange County Literacy Council†††††††††††††††††††††††††† 6,000

Orange County Rape Crisis Center††††††††††††††††††††††† 10,000

Orange County Women's Center†††††††††††††††††††††††††††† 5,000

Orange-Durham Coalition for Battered Women††††††††††††† 10,000

Triangle Hospice†††††††††††††††††††††††††††††††††††††††† 2,000

Volunteers for Youth†††††††††††††††††††††††††††††††††††† 5,000

Chapel Hill-Carrboro Resident Council††††††††††††††††††† 5,000

North State Legal Services, Inc.†††††††††††††††††††††††† 5,000

Orange & Chatham Alternative Sentencing††††††††††††††††† 2,000

Triangle Radio Reading Services††††††††††††††††††††††††† 1,700

Freedom House††††††††††††††††††††††††††††††††††††††††††† 5,000

Communities in Schools†††††††††††††††††††††††††††††††††† 5,000

KidSCOPE†††††††††††††††††††††††††††††††††††††††††††††††† 5,000

Triangle Residential Options for Substance Abusers†† ††† 7,500

 

††††††††††††††††††††††††††††††††††††††††††††††††††††† $118,850

 

BE IT FURTHER RESOLVED that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, agreements with the above agencies for services described in the Human Services Advisory Board's report on June 5, 1995.

 

This the 26th day of June, 1995.

 

AN ORDINANCE TO INCREASE THE PENALTY FOR PARKING OUTSIDE OF PARKING METER SPACES FROM $5.00 TO $10.00 (95-6-26/O-6)

 

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

 

†††† Section 1. Sec. 21-38.Civil Penalties, paragraph (a) is hereby revised to read as follows:

 

†††† "(a)The penalty for any violation of sections 21-29, 21-30, 21-31, 21-32, 21-33, and 21.37.1 shall be ten dollars ($10.00)."

 

†††† Section 2.This Ordinance shall be effective on July 1, 1995.

 

This the 26th day of June, 1995.

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (95-6-26/O-7)

 

 

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

 

†††††††††††††††††††††††††† SECTION I

 

That Section 21-27.1 of the Town Code of Ordinances, "No Parking during certain hours." is amended by inserting the following therein, in appropriate alphabetical order:

 

 

 

††† STREET

†† SIDE

††††† FROM

†††††† TO

 

 

(a) 8:00 a.m. to

5:00 p.m.

 

Glendale Drive

Both

A point of 175 feet south of the centerline of East Franklin Street

A point 525 feet south of the centerline of East Franklin Street

 

 

 

††††††††††††††††††††††††† SECTION II

 

That Section 21-27.8 of the Town Code of Ordinances, "No parking anytime except by residential permit." is amended by inserting the following therein, in appropriate alphabetical order:

 

†††† STREET††† SIDE††††††††† FROM††††††††††††††††††† TO

 

South GrahamEast††††† A point 73 feet north†† A point 199 feet

Street†††††††††††††††† of the centerline of††† south of the

††††††††††††††††††††††† Cameron Avenue††††††††† centerline of

††††††††††††††††††††††††††††††††††††††††††††††† West Franklin

††††††††††††††††††††††††††††††††††††††††††††††† Street

 

††††††††††††††††††††††††† SECTION III

 

That the following new section is included in and made a part of Chapter 21 of the Town Code of Ordinances:

 

†††† SECTION 21-27.9††† "No parking during certain hours except by residential permit"

 

During the following periods, parking shall be prohibited on the following public streets in the designated areas except for those vehicles displaying a valid residential permit.

 

 

 

†††† STREET††† SIDE††††† FROM††††††††††††††††††† TO

 

††††††††††††††††† (a) 6:00 p.m. to 6:00 a.m.

 

South GrahamWest †††† A point 73 feet north†† A point 369 feet

Street†††††††††††††††† of the centerline of††† south of the

††††††††††††††††††††††† Cameron Avenue††††††††† centerline of

††††††††††††††††††††††††††††††††††††††††††††††† West Franklin

††††††††††††††††††††††††††††††††††††††††††††††† Street

 

††††††††††††††††††††††††† SECTION IV

 

That Section 21-27 of the Town code of Ordinances, "No parking as to particular streets." is amended by inserting the following therein, in appropriate alphabetical order:

 

 

†††† STREET††† SIDE††††† FROM††††††††††††††††††† TO

 

South GrahamBoth††††† The centerline of†††††† A point 73 feet

Street†††††††††††††††† Cameron Avenue††††††††† north of the

††††††††††††††††††††††††††††††††††††††††††††††† centerline of

††††††††††††††††††††††††††††††††††††††††††††††† Cameron Avenue

 

Stephens St.Both††††† The centerline of†††††† A point 118 feet

††††††††††††††††††††††† North Columbia Street†† east of the

††††††††††††††††††††††††††††††††††††††††††††††† centerline of

††††††††††††††††††††††††††††††††††††††††††††††† North Columbia

††††††††††††††††††††††††††††††††††††††††††††††† Street

 

US 15/501†††† Both††††† Europa Drive††††††††††† End

Service Road

 

US 15/501†††† Both††††† Old Durham Road†††††††† Eastowne Drive

Service Road

 

†††††††††††††††††††††††††† SECTION V

 

These ordinances shall become effective on August 1, 1995.

 

††††††††††††††††††††††††† SECTION VI

 

All ordinances or portions of ordinances in conflict herein are hereby repealed.

 

This the 26th day of June, 1995.

 

 

A RESOLUTION ASKING THE NORTH CAROLINA GENERAL ASSEMBLY TO VOTE AGAINST HB 90 OR ANY SIMILAR LEGISLATION AND KEEP NORTH CAROLINA'S BAN ON CARRYING CONCEALED WEAPONS (95-6-26/R-11.1a)

 

WHEREAS, North Carolina has had a ban on carrying concealed weapons for over 100 years; and

 

WHEREAS, statistics show that two-thirds of all US firearm homicides arise not from felons but from disputes between people who know each other or from strangers who become involved in a dispute; and

 

WHEREAS, the more places guns are easily accessible, the more opportunities for gun violence in such places as streets and sidewalks, stores, restaurants, workplaces and sporting events, especially when gun carriers are under the influence of alcohol; and

 

WHEREAS, recent studies indicate that the proliferation of laws allowing the carrying of concealed weapons has tended to increase gun violence rather than enhance public safety; and

 

WHEREAS, many North Carolina law enforcement leaders have stated their strongopposition to overturning the ban, emphasizing that carrying concealed weapons would create an "elevated risk to public safety and police officers";

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that we believe that overturning North Carolina's historic ban on carrying concealed weapons would reduce the public's safety and the North Carolina General Assembly should vote against HB 90 or any similar legislation and keep the ban on carrying concealed weapons.

This is the 26th day of June, 1995.

 

 

A RESOLUTION ASKING THE NORTH CAROLINA GENERAL ASSEMBLY TO VOTE AGAINST HB 90 OR ANY SIMILAR LEGISLATION WHICH WOULD PREEMPT PRESENT AND FUTURE LOCAL GUN CONTROL LAWS THAT ARE STRONGER THAN STATE STATUTES (95-6-26/R-11.1b)

 

WHEREAS, North Carolina has a small number of urban localities which have ordinances that, while allowable under the State Constitution and statutes, are stronger than State laws; and

 

WHEREAS, the Town of Chapel Hill, reflecting the attitudes of the majority of its citizens, has the strictest gun control laws in North Carolina; and

 

WHEREAS, many legislators have recently emphasized the importance of having increased control by local governments; and

 

WHEREAS, the preemption of local gun control by the State contradicts the principle of increasing local control and ignores the fact that residents in urban areas are generally favorable toward gun control;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that we affirm the right of localities to have gun control laws which reflect the attitudes of most of their citizens and ask the North Carolina General Assembly to vote against HB 90 or any similar legislation to preempt local gun control laws.

 

This is the 26th day of June, 1995.

 

Council Member Brown requested that the Council discuss information report f (item 4.2 f) at the end of the meeting. Council Member Protzman expressed his concurrence that this item merited discussion.

 

††††††††† Item 5Appointments to Boards & Commissions

 

MARJORIE GORDON WAS APPOINTED AND ANDREA ROHRBACKER REAPPOINTED TO THE GREENWAYS COMMISSION.ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

CANDACE ASHTON-SHAEFFER WAS APPOINTED TO THE PARKS AND RECREATION COMMISSION.ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

ON THE FIRST BALLOT, GREG HAEFNER WAS APPOINTED TO THE BOARD OF ADJUSTMENT.†† JOHN ANDERSON WAS APPOINTED TO THE BOARD OF ADJUSTMENT BY ACCLAMATION, FOLLOWING TWO PRIOR VOTING BALLOTS WHICH DID NOT YIELD AN APPLICANT WITH FIVE VOTES.ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

LEE CORUM, TERESA CROSSLAND AND JAMES WEBB WERE REAPPOINTED TO THE HISTORIC DISTRICT COMMISSION.TONY HALL AND ELIZABETH PRINGLE WERE APPOINTED TO THE COMMISSION.ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

JAMES JOHNSON, LIGHTNING BROWN AND ALAN RIMER WERE APPOINTED TO THE ORANGE WATER AND SEWER AUTHORITY (OWASA) BOARD OF DIRECTORS, WIT TERMS OF OFFICE EFFECTIVE JULY 1, 1995.ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

Council Member Waldorf suggested that the Council ask Mr. Hining to continue to serve on the Design Review Board until a final decision was made concerning the future of the Design Review Board and Appearance Commission.There was Council concurrence on this point.

 

††††††††††††† Item 6Northwest Small Area Plan

 

Mr. Horton noted that a hearing on the draft Northwest Small Area Plan had been held in March.Long-range Planning Coordinator Chris Berndt noted that work on the Northwest Small Area Plan had been initiated in May, 1993.She stated that coordination with Orange County and the Town of Carrboro were very important to the overall planning process.Ms. Berndt also said that future use of the Greene tract and the possible development of an employment campus had both engendered a good deal of comment.She noted that staff was recommending that the Council schedule a work session on the proposed Northwest Small Area Plan for Wednesday, August 30th.

 

Carol Crumley, representing residents of Billabong Laneand the surrounding neighborhood, said her organization objected to the proposed connection of Road "D" to Seawell School Road.Ms. Crumley said she believed that this proposal would change the rural character of the Billabong Lane area.She also stated that Professor Bill Rohe and other neighborhood residents were very concerned about the potential for serious engineering and environmental problems.Ms. Crumley urged the Council to maintain the rural character of the Billabong Lane area.

 

Georgia Bizios, representing the Homestead Group, said the proposed "Road D" was undesirable to residents of the Merin and Homestead Road area.She requested that "Road D" be deleted from the proposed plan this evening.Council Member Brown noted that final decisions on the proposed plan would only take place after a joint meeting with the Town of Carrboro and Orange County.Mayor Broun concurred, noting that no final decisions would be made this evening.Council Member Chilton said it might be a good idea for Landfill Owners Group representatives from Carrboro and Orange County to attend the planned August 30th work session.Council Member Brown requested that the Council examine the possibility of building a roadway next to or over an existing rail line in the area.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 12A.THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION SCHEDULING A WORK SESSION ON THE NORTHWEST SMALL AREA PLAN (95-6-26/R-12a)

 

WHEREAS, the Town Council has received a Recommended Northwest Small Area Plan document from the Northwest Small Area Plan Work Group and has held a public hearing on the proposed Plan on March 1, 1995; and

 

WHEREAS, advisory boards, citizens, and other local governments have offered comments on the plan;

 

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives these comments and sets a work session on reviewing the proposed Northwest Small Area Plan for Wednesday, August 30, 1995 in the Council Chamber, Town Hall, 306 N. Columbia Street, at 7:00 p.m.;

 

BE IT FURTHER RESOLVED that the Council invites the Town of Carrboro and Orange County to send representatives to attend the work session; and

 

BE IT FURTHER RESOLVED that following the work session, on September 11, 1995, the Council will consider referring the Northwest Small Area Plan to Orange County and the Town of Carrboro for the Joint Planning Public Hearing to be held on October 11, 1995.

 

This the 26th day of June, 1995.

 

†††† Item 6Proposed Changes to Development Review Process

 

Planning Director Roger Waldon presented an overview of possible changes to the Town's development review process, including the creation of a Development Review Board and a Long-Range Planning Board.He noted that staff was recommending that a public hearing on proposed changes be held on October 18th.

 

Noting the importance of public participation in the Town's planning and review processes, Tom Gunn urged the Council to put other proposals on the table for public comment.

 

Council Member Brown said it was important to move ahead as soon as possible on items five, six and seven on page two of the staff's memorandum.Noting the importance of public participation and long-range planning in the Town's development review process, Mayor Broun stated that Council Member Waldorf had suggestions concerning possible changes to the process.

 

Council Member Waldorf said she believed the Council should receive comment on the following items: updating the Town's long-range plan, examining the Town's zoning map and need for provision of services, examine the central business district and other commercial areas for redevelopment potential, possibly identify areas for green space and specifically examine development regulations pertaining to the older part of the Town.

 

Council Member Protzman said he also had submitted some suggestions for the Council's consideration.He stated that it would be desirable to attain the joint objectives of improving the quality of development in the Town while simplifying the review process for citizens.Council Member Protzman said he concurred with all of the staff's recommendations excepting the one concerning the Transportation Board.

 

Council Member Protzman outlined his proposed review process, noting that the applicant would meet with the Development Review Commission at the conceptual plan stage.He said this would be followed by a public information meeting, subject to the Town's standard notification procedures.Council Member Protzman stated that all advisory boards and commissions would be invited to make

independent, concurring or dissenting recommendations to the Council.Council Member Protzman also expressed his concurrence with Council Member Waldorf's comments concerning long-range planning.

 

Council Member Brown said she was pleased to hear of the general Council support for long-range planning in Orange County.She also said it was very important to move ahead with the Shaping Orange County's Future process as soon as possible.

 

Council Member Waldorf said it was very important to make the best possible use of advice from advisory boards and commissions.She also emphasized the importance of obtaining input from citizens and board and commission members throughout the review process, especially in the concept plan phase.

 

Council Member Capowski expressed his concurrence with Council Member Waldorf's observations.He inquired about staff's rationale for proposing to concentrate so much power in the proposed Development Review Board.Planning Director Roger Waldon said the Board's charge would be to review development applications at the conceptual and review stages and compare them to Town development regulations.Council Member Capowski asked which boards had statutory mandates.Mr. Waldon said the Planning Board had approval and denial decision making powers for site plans.He stated that all other matters were advisory to the Council.Council Member Capowski requested that staff define "major" development items.Mr. Waldon said these were proposals which eventually needed to be considered by the Council.Mr. Horton added that this involved subdivisions having four or more proposed units.Council Member Capowski inquired when final action would be taken on proposed changes to the development review process.Mr. Horton said this would be contingent upon the Council's wishes.

 

Council Member Brown said she believed that the Council should move ahead on items five, six and seven.Expressing her concurrence, Council Member Waldorf inquired who would review concept plans.Council Member Brown said staff needed to provide additional information in this regard.

 

Council Member Chilton said there was a definite need for long-range community planning.He suggested that long-range matters might be discussed in a separate hearing on October 18th.†† Council Member Protzman said he was puzzled that more long-range planning was not presently taking place.Mayor Broun suggested that citizen comments on the staff's and Council Member Protzman's proposals could be received at the October 18th public hearing.

 

Noting the potential for domino-type effects, Council Member Protzman said it was important to have discussions about what individual proposals meant to existing advisory boards and commissions.

 

Council Member Brown said she hoped that local government managers in Orange County would be able to give an update on the Shaping Orange County's Future program in the near term.Council Member Brown also said it was extremely important for elected officials to make final decisions on major development projects.

 

Council Member Capowski said if one wanted to simplify something or speed it up, it was necessary to trim tasks or to do things in parallel.He also stated that it was also very important to keep the quality of development and the opportunity for public input as high as possible.Council Member Protzman also said it was not desirable to concentrate too much power in the hands of non-elected officials.

 

Council Member Waldorf suggested moving ahead on steps 5, 6 and 7 and thinking carefully about who would review concept plans.

 

Council Member Pav„o said it was very desirable to receive citizen input as early as possible in the review process.He stated that the staff's proposal would realize this objective.

 

Council Member Protzman said the proposed Development Review Commission would have no more or less power than the Town's current Planning Board.He stated that the principal difference between the Planning and Development Review Boards would be that the latter would have more responsibility for seeing projects through the entire review process.Council Member Protzman said it was very important that boards not be suffocated or buried in the review process.

 

Council Member Powell said although she liked Council Member Protzman's and the staff's proposals, the proposed Development Review Commission might require more time than board members might be willing to give.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, FOR STAFF TO DEVELOP A NUMBER OF OPTIONS FOR COUNCIL CONSIDERATION, WITHOUT MAKING ANY SPECIFIC RECOMMENDATIONS.

 

Council Member Chilton said he did not want staff to put time into drafting Development Ordinance Text Amendments when the Council had not developed a clear consensus on these matters.

 

Council Member Waldorf suggested that the Council might wish to have additional discussions prior to calling a hearing on possible changes to the development review process.

 

Council Member Powell said she wanted to know how much time would be involved in the proposed new process prior to possibly acting on the changes.

 

Council Member Capowski said he thought it was quite premature to ask staff to draft possible text amendments.

 

Stating that the Council had been considering changes to the development process for quite some time, Mayor Broun said hedisagreed with the motion on the floor.Mayor Broun also said he preferred a motion which would direct staff to put into effect changes in concert with Council Member Protzman's suggestions and Council Member Powell's concern.

 

THE MOTION FAILED BY A VOTE OF 2-6, WITH COUNCIL MEMBERS BROWN AND CHILTON VOTING YES.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAV√O, TO ADOPT RESOLUTION 13, WITH THE UNDERSTANDING THAT STAFF WOULD CONSIDER THE IDEAS SET FORTH THIS EVENING BY COUNCIL MEMBERS PROTZMAN AND WALDORF.

 

Council Member Capowski asked staff to estimate the number of hours work involved in this undertaking.Mr. Horton said although he did not have a specific estimate of the hours involved, he believed the follow-up would be a reasonable undertaking.

THE MOTION, RESOLUTION 13 AS AMENDED, WAS ADOPTED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS BROWN, CAPOWSKI AND CHILTON VOTING NO.

 

A RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED CHANGES TO THE DEVELOPMENT REVIEW PROCESS (95-6-26/R-13)

 

WHEREAS, the Town Council has discussed the desirability of changing the existing array of advisory boards, as these relate to the review of development applications and the formulation of long range policies;and

 

WHEREAS, the Council has received a report from the Town Manager, dated June 26, 1995, suggesting such changes; and

 

WHEREAS, the changes would need to be implemented through amendments to the Town's Development Ordinance;

 

NOW, THEREFORE, BE IT RESOLVED that the Council calls a Public Hearing for October 18, 1995, to consider Development Ordinance amendments designed to implement these proposed changes.

 

This the 26th day of June, 1995.

 

Charlie Hobson requested that the American Legion and other interested local veterans receive adequate notice of any Council follow-up on Peace Action's petition.Mayor Broun said staff would provide such notice.

 

Item 7Proposed Urban Area Transportation Improvement Program

 

Senior Transportation Planner David Bonk presented an overview of the proposed program.Mayor Broun said he believed that the Transportation Advisory Committee would be inclined to adopt a program similar to the resolution before the Council this evening.He stated that it was important for the Council to take a policy stand on the proposed program, including the possible widening of Interstate 40 in Orange County.

 

Transportation Board representative Ruby Sinreich said the metropolitan area program was much more compatible with the Town's needs than the proposed State Transportation Improvements Program.She also noted that the Board felt that the widening of Interstate 40 in Orange County was wholly unnecessary.Ms. Sinreich said the Board recommended that the Council adopt the proposed resolution.

 

Mayor Broun inquired whether the Town was requesting that bridge construction be the first element of the U.S. 15-501 project.Mr. Horton said the proposed resolution included the endorsement of the bridge and other segments of U.S. 15-501 in Orange County.Council Member Capowski inquired about the status of the South Columbia Street project.Mr. Horton said the North Carolina Department of Transportation was not willing to consider a three-lane roadway for South Columbia Street.He said the Council's current proposal was to add bicycle lanes and intersection improvements.Council Member Brown inquired why the Town's estimate for the South Columbia Street project was substantially less than the State TIP.Mr. Horton said the Council's project involved only a portion of the overall project envisioned by the State.

 

Council Member Powell requested additional information concerning proposed improvements to U.S. 15-501.Mr. Bonk presented an overview of the improvements, noting that funding would be provided by the North Carolina Department of Transportation, the Triangle Transit Authority, the City of Durham and the Town of Chapel Hill.

Mayor Broun noted that estimated funding for all of the U.S. 15-501 was included in the budget as a long-term planning contingency.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 14.THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION PROPOSING MODIFICATIONS TO THE DRAFT DURHAM-CHAPEL HILL-CARRBORO URBAN AREA 1996-2002 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM AND RECOMMENDING APPROVAL BY THE TRANSPORTATION ADVISORY COMMITTEE (95-6-26/R-14)

 

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

 

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

 

WHEREAS, the Durham Urban Area Transportation Advisory Committee has prepared a draft Metropolitan Transportation Improvement Program; and

 

WHEREAS, the Council has reviewed the draft Metropolitan Transportation Improvement Program;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends to the Transportation Advisory Committee that the 1996-2002 Metropolitan Transportation Improvement Program be adopted with the following change:

 

†††† *††† The funding for U.S. 15-501 South should reflect the initiation of improvements in Orange County as the first phase of improvements.

 

This the 26th day of June, 1995.

 

††††††††† Item 8Water and Sewer Service Boundaries

 

Assistant to the Manager Greg Feller reviewed the proposed boundaries and related recommendations of local government boards.He noted that there had been general agreement about a proposed "straw line" boundary for water service.Mr. Feller also said that an interim memorandum of understanding had been agreed to by representatives of local government bodies.

 

Council Member Chilton asked whether it was correct that theproposal did not make a recommendation concerning service in the rural buffer.Mr. Feller said this was correct.

 

Council Member Capowski noted that he did not think that the Town had sufficient professional competence or information to determine service boundaries with Hillsborough, Efland or Orange County.Citing the failure of some package wastewater treatment plants, Council Member Capowski also said the Town could not afford to have homes where residents could not access adequate water and sewer facilities.Council Member Capowski said he thought that OWASA should have the authority to review package wastewater treatment plants, rather than the County Health Department.He stated that it was quite unlikely that all of Southern Orange County would have access to OWASA water and sewer service in the future.

 

Council Member Protzman said package treatment plants were a complex issue which merited future discussions by the Council.

 

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

 

Council Member Brown requested the Attorney's comments on the legal aspects of a straw system boundary and related legal responsibilities for existing package plants.Noting that his primary expertise was not with utilities law, Mr. Karpinos said it might be best for OWASA's attorney to provide a definitive response on these matters.He also noted that the proposed resolution only endorsed general concepts and further discussions by local government representatives.

 

Council Member Brown said it was unfair for Town ratepayers to be paying for Orange County's water and sewer systems.

 

Council Member Protzman said the Committee's goal was to see whether or not a "straw line" boundary could be agreed upon, with on going discussions occurring on other service-related matters.He noted that there were a number of complex matters which still needed to be addressed.

 

Council Member Brown asked whether the committee had discussed the possibility of the Town of Hillsborough, rather than Orange County, providing water and sewer service to the Efland area.Council Member Protzman said yes, adding that although Orange County did not wish to be in the water and sewer business, it already was to some extent.Mr. Feller noted that Orange County was in the process of recovering costs for the Efland/Cheeks sewer line project.

RESOLUTION 15 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION REGARDING THE DECEMBER 14, 1994 REPORT OF THE TASK FORCE ON WATER AND SEWER SERVICE AREA BOUNDARIES IN ORANGE COUNTY (95-6-26/R-15)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby submits the following comments regarding the report and proposal dated December 14, 1994 for long-term boundaries among water and sewer utilities including local governments in Orange County and regarding related matters:

 

1.†† The Council endorses the "straw line" proposal for long-term boundaries among water and sewer utilities including local governments in Orange County.

 

2.†† The Council proposes that Orange County governments and utilities enter into, on an interim basis, a memorandum of understanding to abide by the proposed utility boundaries pending a permanent agreement; and that such an interim agreement be drafted by the Task Force for consideration by the local governments and utilities.

 

3.†† The Council proposes that the Orange County, Hillsborough, Carrboro, Chapel Hill and OWASA representatives meet with representatives of additional jurisdictions and utilities such as the Orange-Alamance Water System Inc., the Town of Mebane and the City of Durham to determine whether they would be willing to enter into a utility boundary agreement an on interim basis for a term such as five years and on a long term basis such as for 20 years.

 

4.†† The Council proposes that representatives of the local governments and utilities discuss, in parallel with the utility service area boundary considerations, additional issues identified in the task force's December 14th report including responsibilities for dealing with failure of private community water and wastewater systems and with the consideration of proposed new community systems.

 

BE IT FURTHER RESOLVED that the Council authorizes the Mayor to transmit this resolution to the Mayors of the Towns of Hillsborough and Carrboro, the Chairs of the Orange County Board of Commissioners and of the Board of Directors of the Orange Water and Sewer Authority and such other parties as the Mayor deems appropriate.

 

This the 26th day of June, 1995.

 

††††††††† Item 9Landfill Tipping Fees Recommendation

 

Council Member Chilton stated that the Landfill Owners Group was recommending a fee of $31 per ton for mixed solid waste.He noted that there was some time to think about the LOG's previous recommendation concerning the establishment of a ban for residential cardboard disposal.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 16.

 

Council Member Capowski inquired about the assumptions in the 1995-96 Town budget concerning landfill tipping fees.Mr. Horton said the budget allowed for a fee of up to $31 per ton.

 

RESOLUTION 16 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING ORANGE REGIONAL LANDFILL TIPPING FEES TO BECOME EFFECTIVE JULY 1, 1995 (95-6-26/R-16)

 

WHEREAS, the Towns of Carrboro and Chapel Hill and Orange County, as joint owners of the Orange Regional Landfill, are required to agree upon a landfill tipping fee schedule; and

 

WHEREAS, the Landfill Owners' Group has recommended a tipping fee schedule of $31/ton for mixed solid waste, $17/ton for coal ash, and $10/ton for clean wood and yard waste; and

 

WHEREAS, the Landfill Owners' Group will submit a proposal and seek approval from the three governing bodies regarding a residential sector cardboard ban, prior to implementing; and

 

WHEREAS, it is essential that the minimum base fee for continuance of current operations be $28.50/ton for mixed solid waste, $17/ton for coal ash, and $10/ton for clean wood and yard waste;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Orange Regional Landfill fee schedule for the 1995-96 fiscal year is adopted as

 

†††† *††† Mixed solid waste†††††††††††††††† $31.00/ton

 

†††† *††† Coal ash††††††††††††††††††††††††† 17.00/ton

 

†††† *††† Clean wood waste and yard waste†† 10.00/ton

 

BE IT FURTHER RESOLVED, in the event that the three owner governments do not adopt the same fees, the resolution would authorize a fee for mixed solid waste that equals the lowest adopted by an owner or $28.50, whichever is higher.

 

BE IT FURTHER RESOLVED, that the Landfill Owners Group shall present to the governing bodies an implementation plan for a residential cardboard ban before expending the funds budgeted for that program.

 

This the 26th day of June 1995.

 

Expansion of Landfill Owners Group

 

Council Member Chilton said he and other LOG members were recommending that the membership of the Landfill Owners Group be expanded to include additional representatives from each of the member jurisdictions.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO EXPAND THE TOWN'S LOG MEMBERSHIP TO INCLUDE COUNCIL MEMBERS BROWN, CHILTON AND PROTZMAN.

 

Mayor Broun inquired whether it was correct that the proposal was for the Town's vote to be cast as a majority, or ideally, on the basis of consensus.Council Member Chilton said this was correct.

 

Council Member Capowski asked why the Town of Hillsborough was not a member of the LOG.Council Member Chilton said the Town of Hillsborough had not initially contributed funds for the Orange County Landfill site.Council Member Capowski inquired whether it was correct that the Town of Hillsborough could vote on all non-budget and finance related LOG matters.Council Member Chilton said this was correct.Council Member Brown noted that the Town of Hillsborough had operated its own landfill in 1972 when the Orange County Landfill was acquired.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

††††††††††††† Item 10Morgan Creek/Fan Branch Trail

 

Parks and Recreation Director Mike Loveman presented an overview of the proposal to use a portion of greenway funds for the Morgan Creek trail project.†† He said staff recommended adoption of Resolution 17.

 

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER PAV√O, TO ADOPT RESOLUTION 17.THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO USE THE REMAINING $125,000 OF 1989 PARKS AND OPEN SPACE BOND FUNDS FOR THE MORGAN CREEK TRAIL PROJECT (95-6-26/R-17)

 

WHEREAS, $125,000 of 1989 Parks & Open Space bond funds remain allocated for an unspecified Greenways project; and

 

WHEREAS, the Greenways Commission has recommended that the money be used on the Morgan Creek Trail project; and

 

WHEREAS, the project would serve the transportation and recreation needs of a rapidly growing area of Town; and

 

WHEREAS, the Morgan Creek project would be a logical extension of the Fan Branch Trail;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to use up to $30,000 of the remaining $125,000 in 1989 Parks and Open Space bond funds allocated for greenways to begin the master planning phase of the Morgan Creek Trail project.

 

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to use any remaining funds for Phase II of the Bolin Creek Trail if additional funds are required for that project.

 

This the 26th day of June 1995.

 

Item 11Discussions on proposed Southern Village School/Park Site

 

Council Member Waldorf reported that at a recent meeting with Town and County officials, D.R. Bryan, developer of the Southern Village, had agreed to donate land for a two-story school. She noted that Mr. Bryan had requested that he not be responsible for school-related off-site costs.Council Member Waldorf reported that the Orange County Commissioners were satisfied with the proposed site.She added that the Commissioners' primary concerns were the cost and location of the proposed school.Council Member Waldorf noted that adoption of Resolution 18 would authorize discussions to continue concerning a possible joint school and park site.

 

Council Member Capowski thanked Council Members Pav„o and Waldorf for their efforts to date on this matter.He inquired whether the Town was making the land for the proposed school site directly available to Orange County.Mr. Horton said an actual transfer of land to Orange County would not occur.Council Member Capowski said he continued to seek equity for Town taxpayers.

 

Council Member Pav„o noted that Mr. Bryan had first been approached about the matter, followed by Orange County and then the School Board.Council Member Pav„o stated that all parties could be "winners" in terms of the fiscal outcome.

 

Council Member Capowski inquired whether Mr. Bryan had requested a waiver of impact fees in light of his proposed donation of land.Council Member Pav„o stated that to date Mr. Bryan had not sought any such waiver.He added that this concern could be explored with Mr. Bryan at the group's next meeting.

 

COUNCIL MEMBER PAV√O MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 18.THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING CONTINUED DISCUSSION REGARDING A PROPOSED SCHOOL AND RECREATION FACILITY SOUTH OF CHAPEL HILL (95-6-26/R-18)

 

WHEREAS, on April 24, 1995 the Town Council endorsed the concept of intergovernmental cooperation for construction of a new elementary school and public park and recreation facilities in the Southern Village/Southern Community Park area; and

 

WHEREAS, the Council on April 24 designated Council Members Lee Pav„o and Rosemary Waldorf to participate in discussions with other local government representatives and with the developer of the Southern Village regarding intergovernmental cooperation for construction of a new elementary school and public park and recreation facilities in the Southern Village/Southern Community Park area; and

 

WHEREAS, discussions have been held and have been encouraging, as reported in a June 26, 1995 memorandum to the Council;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes continued discussion of this proposal, and requests that a status report be prepared for review of the governing bodies by November 13, 1995.

 

This the 26th day of June, 1995.

 

†††††††††††††††††† Item 12Motor Vehicle License Fee

 

Mr. Horton stated that Town staff had been informed that the General Assembly would ratify the bill concerning the Town's request to increase its motor vehicle license fee from $10 to $15 on June 28th.He noted that if ratification occurred before July 1st, the increased fee would be in place for the 1995-96 budget year.Mr. Horton said the staff would come back to the Council in the fall with a specific budget amendment.

 

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

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (95-6-26/O-8)

 

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

 

Section 1.That the Council hereby amends Section 21-1 of the Town Code to read as follows:

 

†††† "Sec. 21-1.†† Registration of vehicles.

 

†††† Each motor vehicle owned by a resident owner or operated by a business establishment located within the town limits which is registered for property taxes in the town shall be billed an annual vehicle license fee of fifteen dollars ($15.00).For purposes of this section, the term "motor vehicle" shall not include trailers which are not self-propelled."

 

Section 2.That this ordinance shall be effective only upon ratification of a local act of the General Assembly to authorize an annual vehicle license fee of up to $15, and shall be applied beginning with the fiscal year underway after the ordinance is effective.

 

This the 26th day of June, 1995.

 

Item 13Discussion of Consent Agenda/Info. Report Items

 

Item 3.1k

 

Council Member Chilton inquired why closed containers were included in the proposed ordinance concerning the carrying of alcoholic beverages at street fairs and other events.Mr. Horton said this was included because the Town could not control someone opening such containers at street fairs or other similar events.Council Member Chilton expressed concern for persons who were carrying items from one point to another in a legitimate manner.Mr. Horton said the Town gave people the chance to understand laws and the ability to comply with them voluntarily.

 

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

 

AN ORDINANCE AMENDING AND EXPANDING TOWN CODE REGULATIONS OF POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES (95-6-26/O-5)

 

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CHAPEL HILLas follows:

 

††††††††††††††††††††††††† Section 1.

 

†††† Section 3-3 of the Town Code is hereby renumbered as Section 3-2 and rewritten as follows:

 

"Sec. 3-2. Consumption of alcoholic beverages, beer malt beverages or unfortified wine on streets, sidewalks, municipal parking lots or any real estate or buildings owned or occupied by the town.

 

†††† It shall be unlawful for any person to consume alcoholic beverages, beer, malt beverages or unfortified wine on any street, sidewalk or alley; or in any municipal parking lot; or on the grounds of any public building of the town; or on any real estate owned or controlled by the town including but not limited to public parks, playgrounds, tot lots, recreational fields, tennis courts, or other athletic fields; or in any of the buildings owned by the town.

 

†††† Any person who violates this section shall be guilty of a misdemeanor and shall be fined not more than ten dollars."††††††††††††††

††††††††††††††††††††††††† Section 2.

 

†††† A new Section 3-3 is hereby enacted to read as follows:

 

"Section 3 -3. Possession of open containers of malt beverages and †††† †††††unfortified wines by pedestrians on streets, ††††††††††††† sidewalks, municipal parking lots or any real estate †††††††††† or buildings owned or occupied by the town.

 

†††† It shall be unlawful for any pedestrian on any street, sidewalk or alley; or in any municipal parking lot; or on the grounds of any public building of the town; or on any real estate owned or controlled by the town including but not limited to public parks, playgrounds, tot lots, recreational fields, tennis courts, or other athletic fields; or in any of the buildings owned by the town to possess any open container of malt beverage or unfortified wine."

 

††††††††††††††††††††††††† Section 3.

 

†††† A new Section 3-4 is hereby enacted to read as follows:

 

"Section 3-4. Possession of malt beverages and unfortified wines on ††† †††† ††††public streets, alleys, or parking lots which are ††††††† ††††temporarily closed to regular traffic for special ††††††† ††††events.

 

†††† It shall be unlawful for any person to possess any malt beverage or unfortified wine on any public street, alley or parking lot which has been temporarily closed to regular traffic for a special event.

 

†††† For purposes of this section, a special event shall include a street fair or other event for which a street, alley or parking lot has been formally closed by an official action of the Town or some other agency with proper authority as well as a street, alley or parking lot which has been closed for public safety purposes due to an unofficial gathering of large crowds."

 

††††††††††††††††††††††††† Section 4.

 

†††† A new Section 3-5 is hereby enacted to read as follows:

 

"Section 3-5.Violations and penalties.

 

†††† Any person who violates sections 3-2, 3-3, or 3-5 shall be guilty of a misdemeanor and shall be fined not more than fifty dollars ($50.00)."

 

This the 26th day of June, 1995.

 

Item 3.1l

 

Council Member Waldorf inquired whether the Town had a Transportation Management Plan for its employees.Mr. Horton said staff looked forward to presenting such a plan to the Council in the near future.

 

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 9.THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO REVISE THE REQUIREMENTS FOR THE ANNUAL TRANSPORTATION MANAGEMENT PLAN REPORT (95-6-26/R-9)

 

WHEREAS, transportation management plans have been required to be implemented by employers within the Town as a means of encourage the use of alternative modes of transportation; and

 

WHEREAS, the annual transportation management reports provide an important source of information concerning the effectiveness of the transportation management program; and

 

WHEREAS, the Transportation Board has recommended changes to the annual transportation management plan reports;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is directed to revise the guidelines for preparing the transportation management plan annual reports to require a greater response rate to the employee surveys and that the information included in the annual report be standardized.

 

This the 26th day of June, 1995.

 

Item 3.2f

 

Noting that he had some prior professional involvement with the proposed project, Mayor Broun recused himself and turned the chair over to Mayor pro term Brown.

 

Mr. Horton presented an overview of the Pavilion development project. He stated that the Board of Adjustment had found that the Planning Board had exceeded its authority in approving the proposed project.Mr. Waldon stated that there had been a great deal of discussion by the Planning Board and Board of Adjustment concerning whether the applicant should submit one or two applications.He noted that staff felt that two separate applications were appropriate.

 

Council Member Waldorf said she was concerned that two buildings of this size could be approved without the need to meet parking requirements.Mr. Horton said he had not yet approved a transportation management plan relieving the applicant of responsibilities concerning parking requirements.Council Member Protzman said that existing transportation management plan regulations needed to be strengthened.He also said it was important to receive public comment on matters of this type.

 

Noting that he had attended the Planning Board meeting where this application had been discussed, Council Member Capowski expressed concern that the developer had used a loophole to circumvent existing development regulations.Council Member Capowski also said he was embarrassed that it was possible for this to occur.

 

Council Member Brown said she was also very concerned that there were loopholes of this type.Council Member Brown requested that staff prepare a follow-up report on the matter, including a report on whether similar situations of this sort had taken place.Mr. Horton said there had been a somewhat similar situation concerning the Yarnell-Hoffer development application.Council Member Chilton expressed concern that many developers chose to build to the brink of permissible development limits.

 

Council Member Protzman had any remedy to address the Pavilion development project.Mr. Karpinos said he was not aware of any basis for appeal of the Board of Adjustment's finding on this matter since the proposal met existing Town development regulations.Council Member Protzman said he hoped that the developer would put good buildings on the site along with a good

transportation management plan including parking provisions.††

 

Council Member Waldorf asked whether the proposed changes in the development review process might help to rectify future situations of this type.Mr. Karpinos said this was difficult to address since the proposed ordinance text amendments had not been drafted.

Mr. Horton said since the proposal would not be considered a major project, it would not go through the process discussed earlier in the meeting.Council Member Waldorf inquired about the possibility of examining future similar applications as one building.Mr. Horton said staff would be pleased to present options for the Council's future consideration.

 

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, THAT STAFF PREPARE A FOLLOW-UP REPORT ON FUTURE COUNCIL OPTIONS CONCERNING SIMILAR DEVELOPMENT-RELATED SITUATIONS.THE MOTION WAS ADOPTED UNANIMOUSLY (7-0), WITH MAYOR BROUN EXCUSED.

 

Mayor Broun noted that a report would follow the closed session.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO MOVE INTO CLOSED SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

 

The meeting concluded at 10:38 p.m.

 

Following the closed session, the Mayor and Council reported the following information:

 

At the conclusion of the Council's regular meeting on June 26, 1995, the Town Council voted to go into closed session to discuss two personnel matters:a) the issues raised by several public works employees regarding alleged race discrimination in the Public Works Department; and b) the performance and salaries of the Town Manager and Town Attorney.

 

These minutes relate only to the Council's consideration of the performances and salaries of the Town Manager and Town Attorney.In accordance with the provisions of the Open Meetings Law, minutes related to the matter involving the Public Works Department are

being withheld from public inspection temporarily.

 

The Council discussed the performances and salaries of the Manager and Attorney.At the conclusion of the closed session, the Council moved back into open session.The Council decided that it would schedule meetings following the summer break with the Manager and with the Attorney to discuss their performances and work plans.The Council voted to increase the salary of the Town Manager by five per cent.The Council voted to increase the salary of the Town Attorney by five percent.The salary increases are to go into effect September 1, 1995.