MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, SEPTEMBER 10, 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 ill and unable to attend the meeting. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Greg Feller, Planning Director Roger Waldon, Police Administrative Analyst Jane Cousins, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Howes noted that International Literacy Week was being observed during the week of September 8th through 14th. He noted that illiteracy was a problem worthy of everyone's attention. Mayor Howes called on Chapel Hill-Carrboro School Board Member Ruth Royster to receive a proclamation recognizing International Literacy Week.

Ruth Royster noted that International Literacy Day had been observed every year on September 8th since 1966. Ms. Royster stated that numerous special programs observing literacy week would be held around the world. She said that over five hundred functionally illiterate persons had sought the assistance of the Orange County Literacy Council. Ms. Royster encouraged all concerned persons to encourage illiterate persons to seek the help of the literacy council. Ms. Royster stated that adult illiteracy problems cost the southeast portion of the United States an estimated $57.2 billion annually. Ms. Royster said that the Orange County Literacy Council appreciated the support of the community. Mayor Howes noted that the literacy council was fortunate to have a number of dedicated volunteers.

Mayor Howes introduced the following mayoral and council candidates who had not been in attendance at the August 26th Council meeting, but were in attendance this evening: mayoral candidate Rosemary Waldorf, council candidate Bill Thorpe and council candidate Paul Tripodi. Mayor Howes asked other mayoral and council candidates to stand. Mayor Howes also noted that current council members

Joe Herzenberg and Roosevelt Wilkerson, Jr. were seeking reelection.

Item 2 Bicycle Safety Helmets

Mayor Howes opened the hearing, inviting interested persons to address the Council on bicycle safety helmets.

Steve Pizer, 115 Stateside Drive, urged the Council not to adopt the proposed helmet ordinance. Mr. Pizer said he commuted to work on a bicycle daily and chose not to wear a helmet. He stated that part of the enjoyment of bicycling was the importance of being freee and out in the open. Mr. Pizer said it was important for citizens to have the right to make their own choice of whether or not to wear a helmet. Mr. Pizer also expressed concern that the proposed ordinance might have the side effect of some people not riding their bicycles. He said it was not in the Town's best interest to to have additional vehicular traffic. Mr. Pizer also stated it would be difficult to enforce the proposed ordinance.

Noting that many students and faculty use bicycles to traverse the campus and surrounding areas, Mr. Pizer said it would be more inconvenient to put on a bicycle helmet for all bicycle trips. Mr. Pizer said that the majority of riders would not wear helmets.

Daniel Stevenson said he had to ride his bicycle as a means of transportation. Mr. Stevenson stated that the proposed law would not make it easier for parents to encourage children to wear bicycle safety helmets. He said that there was not enough respect for many existing laws. Mr. Stevenson stated that the local court system already had sufficient matters to handle, without the addition of the bicycle helmet ordinance.

Chris Parkinson said he favored the proposed helmet ordinance. Mr. Parkinson stated that he had been a daily bicycle commuter in Washington, D.C. for about nine months. He said that bicycle helmets were important for the safety of riders. Mr. Parkinson noted that bicycle helmets cost approximately $30 each. He suggested that the Council at a minimum adopt an ordinance requiring minors to wear bicycle safety helmets.

Adam Sirene (?) said he had commuted on bicycles for about ten years and favored people wearing helmets as a means of preventing head injury. Mr. Sirene said that educational programs would be well received in the community, but mandatory enforcement would not work and would be unfair. He stated that having a mandatory law would treat a symptom of a problem, rather than the problem itself. Mr. Sirene said a preferable alternative was to build better bicycle lanes or to close off a portion of Cameron Avenue to vehicular traffic. He also expressed concern that bicycle helmets were a major expense item for some persons.

Dr. Gordon Wurley, a local pedetrician, said he favored the proposed ordinance. Dr. Wurley said that children were not thoroughly competent riders, making it advisable for them to wear helmets. He stated that it was difficult for parents to encourage their children to wear helmets. Dr. Wurley urged the Council to adopt the ordinance as a means of reducing juvenile morbidity due to bicycle head injuries.

Claire Kirk said she favored adoption of the proposed ordinance. Ms. Kirk stated that she had fallen off her bicycle about three years ago. She noted that she was not wearing a helmet at the time of the accident. Ms. Kirk said that if the ordinance were adopted, people might wear helmets and reduce the number of head injuries attributable to bicycle accidents.

Abel Lineberger stated that no one questioned the safety benefits of bicycle helmets. Mr. Lineberger inquired whether the Council had the right to impose the proposed law on Town residents. Mr. Lineberger said it would be difficult to enforce the ordinance. He also stated that riding a skateboard was much more dangerous than bicycle riding. Mr. Lineberger said that if bicycle riders were required to wear helmets, riders of other wheeled vehicles should similarly be required to wear helmets.

Scott Lowry noted that the intent of the law was to prevent head injuries. Mr. Lowry said that a check of records at North Carolina Memorial Hospital found that of two hundred and two head injuries, only ten wear suffered by bicyclists, while eighty-four were to motor vehicle drivers or passengers. He suggested that the Council consider adopting an ordinance to require vehicle drivers and passengers to wear safety helmets.

Jim Boyle stated that approximately five to ten percent of students currently wear bicycle safety helmets. He noted that most students choose not to wear them for sake of convenience. Mr. Boyle expressed concern that if the ordinance were adopted, students and others would have to carry their bicycle helmets all day. Mr. Boyle said that education programs for bicycle helmet safety were preferable to a mandatory helmet safety law.

Wayne Klein said he always wore a helmet when riding his bicycle. He noted that bicycle helmet safety programs were beneficial. He added that many motorists are not courteous to bicycle riders. Mr. Klein expressed concern that bicycle safety education was virtually non-existent in the Town at present. He suggested that the Town appoint a bicycling advisory committee to address a broad spectrum of bicycling related issues. Mr. Klein also suggested that local entities such as the Town, Carrboro and University fund a bicycle coordinator position.

Charles Conneck said he opposed the bicycle helmet proposal. He stated that the government was going too far in addressing the matter. Mr. Conneck stated that there would be flagrant disregard of the law if adopted. Mr. Conneck said it would hypocritical to have a law which was not enforced. He also expressed concern that the proposed ordinance would have the effect of discouraging bicycle usage in the Town.

Michael Cole urged the Council not to get involved in the parenting of University students and other Town residents. Mr. Cole said it was not the role of the government to regulate individual choices in this matter. He also stated that enforcement of the ordinance would be necessarily selective. Mr. Cole asked the Council to respect individual citizen's right to choice.

Tex Errolson expressed concern that the proposed law was paternalistic. Noting that he opposed the proposed law, Mr. Errolson said that parents, rather than the Council, should bear the responsibility for getting children to wear safety helmets. Mr. Errolson said he did not think that the Police Department could possibly enforce the proposed law effectively.

Jeff Ehrlinger said that in the absence of a compelling local government need, the Council did not need to make laws such as the bicycle safety helmet ordinance. He expressed concern that there would be widespread non-obedience of the law and the potential for selective enforcement.

Dave Meisters said that bicycle helmets were a very good idea and encouraged all riders to wear them. He stated that the only person who stood to lose from not wearing a helmet was the individual rider. Mr. Meisters said that the choice of whether or not to wear a helmet should be left to the individual. Mr. Meisters siad was very paternalistic to tell people to wear bicycle helmets.

Russ Helms said he strongly opposed the proposed ordinance. Noting that there were many dangerous things in the world, Mr. Helms stated that the government did not have a right to intervene in matters of this type.

Carl Fox, Orange County District Attorney, noted that no one in the room was opposed to the use of helmets. He urged the Council to respect the right of individuals to make their own personal choice as to whether or not to wear a bicycle safety helmet. Mr. Fox said that if the ordinance were adopted, it should be adeqautely enforced. He stated that it would be very difficult to enforce in its entirety, since there is no formal system for licensing of bicycle riders. Mr. Fox said that although the law was well-intended, it was not enforceable or realistic. He suggested that the Council consider adopting only subsection b of the ordinance, pertaining to children, without any fines or penalties for violations.

Bill Hunter of the UNC Highway Research Center said that the Town was a well-educated community. He noted that automobile seat belt use had been approximately fifteen percent prior to a local seat belt education program and forty percent after the program. Mr. Hunter noted that the usage rate had risen to eighty percent following adoption of a State law requiring usage. Mr. Hunter said it was likely that passage of the ordinance would increase bicycle safety helmet usage significantly. He noted that there would be some opposition to the ordinance. Mr. Hunter encouraged the Council to adopt the ordinance as part of a program to prevent serious head injuries in bicycle accidents.

Jane Studds of the UNC Highway Research Center stated that there are many excellent bicycle helmet safety programs around the country. She encouraged the Council to add language to the proposed ordinance stating that bicycle riders would not be held negligent for wearing a helmet. Ms. Studds stated that applying the ordinance only to minor children was not a good idea, since children reaching the maximum age would have no incentive to continue wearing their helmets.

Dr. Bob Wood, a pedetrician at UNC, said he commuted to work on his bicycle each day. Dr. Wood said that bicycle helmets were a very inexpensive means of insurance against head injury. He stated that even careful bicycle riders could be seriously hurt. Dr. Wood expressed his support for the proposed ordinance.

Dr. Ray Sturner said that passage of the ordinance was an effective means to prevent brain injuries in young children. Dr. Sturner stated that a number of persons had expressed concern about difficulty of ordinance enforcement. He noted that Howard County, Maryland issues warning notices on first violations and has not levied any fines to date for non-compliance with its bicycle helmet ordinance. Dr. Sturner noted that there is tremendous peer pressure among young people not to wear bicycle helmets. Stressing the importance of bicycle safety education programs, Dr. Sturner suggested that discount and helmet loan programs might be initiated.

Judy Wood stated that approximately one year ago she had a bicycle accident. Ms. Wood said her injuries were limited to a broken foot and scrapes, but could have been much worse if she had not been wearing a helmet. She noted that her husband had almost died in a bicycle accident when he was not wearing a helmet.

Perry Drummond stated that he rides his bicycle about two hundred miles a week. Mr. Drummond said that he had a friend who's life was saved by a helmet, but felt that the law was impractical. He stated that the Town needed a greater commitment to other bicycle needs such as bicycle lanes.

Tim Presley said that the Council had two duties to Town citizens. Mr. Presley said the Council's general duty was to protect citizens. He stated that this could be accomplished through an education program stressing the advantages of wearing safety helmets. Mr. Presley said the Council's specific duty was to have people protect themselves individually by choosing whether or not to wear a helmet.

Roger Kohn said he wore a bicycle helmet, but had no duty to the government to remain healthy. Mr. Kohn said the ordinance might seem like a small restriction, but such a measure would set a bad precedent for other personal liberties. He urged the Council not to interfere in the private affairs of individuals.

Jim Britton said he had been a bicycle racer for about three years ago. Mr. Britton said he questioned why the Council thought it was their place to enforce a bicycle safety helmet ordinance. Mr. Britton said that if there were no significant penalties for ordinance violations, it would be a waste of time to enforce.

Rob Martin said he opposed the proposed ordinance. Mr. Martin stated that there was no parallel between seat belt and helmet laws. He requested that the Town make its existing bicycle lanes and pathways safer in the near future. Mr. Martin said bike riders' greatest need was for better and safer places to ride.

Pam Adams said that safety was not a good reason to sacrifice freedom. She inquired which other areas of personal lives would be invaded following adoption of the proposed ordinance. Ms. Adams reiterated that safety was not a reason for giving up freedom.

Karl Mueller inquired where government regulation of personal decisions would stop. Mr. Mueller said there were important safety concerns in various areas of everyday life.

Mayor Howes declared the public hearing closed.

Council Member Andresen noted that a subcommittee of the Transportation Board was studying the proposed bicycle safety helmet ordinance. She added that the public hearing process was extremely useful. Council Member Andresen stated that the Council should also listen to its advisory boards. Mayor Howes suggested that the Council consider referring the matter to the Town staff and Transportation Board to receive a more considered recommendation on the proposal.

Council Member Preston said she concurred with the sentiment to refer the matter to the Manager, Attorney and Transportation Board. Council Member Preston stated that she had spoken to a citizen earlier in the day who indicated that individuals should be able to make up their own mind on whether or not to wear a helmet. She stated that the citizen had also suggested that bicycle riders also needed to have operating lights, bells and other safety devices. Council Member Preston suggested that the Town consider a bicycle helmet loan program in the event that the bicycle safety helmet ordinance was adopted.

Council Member Andresen stated that one of the best ideas presented this evening was to broaden the mission of the bicycle safety committee. Council Member Andresen noted that Jennie Caparella, an avid bicyclist and member of the Transportation Board, did not favor the proposed ordinance. She noted that Ms. Caparella had also noted there was a tremendous need for education on bicycle safety for cyclists and motorists alike. Council Member Andresen urged the Council to broaden the mission of the bicycle safety committee.

Noting that he was glad to see the large turnout of students this evening, Council Member Werner said he did not object to refering the matter to the Transportation Board. Council Member Werner said he had heard very little this evening that would change his stand on the issue. He noted that there were several existing laws which are difficult to enforce. Council Member Werner said the adoption of the ordinance was intended as a statement of policy by the Council. He stated that difficulty of enforcement was a smoke screen being employed by some of the persons opposed to the proposed ordinance. Council Member Werner added that the two most seriojus bicycle accidents he had ever seen both involved University of North Carolina students. He said that the idea of an age cutoff for the ordinance did not address the entire problem. Council Member Werner said a helmet ordinance for children only would be a poor example of do what I say, not what I do. He suggested that the Council refer the matter to the Manager and Transportation Board.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE TOWN MANAGER AND TRANSPORTATION BOARD.

Council Member Herzenberg suggested that the resolution establishing a bicycle committee be broadened to expand the scope of the committee's mission.

Mayor Howes said he hoped that the Transportation Board would be able to make a recommendation on the bicycle helmet safety proposal at its September 18th meeting. Mayor Howes added that the testimony presented this evening had been helpful. Mayor Howes noted that he was not persuaded by libertarian arguments presented, since he thought that the Council did have some responsibility in this area. Mayor Howes said he favored an approach somewhat less than the draft ordinance. He suggested that several members of the Council get actively involved in the drafting of a proposed ordinance.

Council Member Andresen asked whether a videotape of the hearing could be made available to the Transportation Board. Mr. Horton said yes.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Howes noted that a new bicycle lane on North Carolina Highway 86 North would be dedicated on Friday, September 13th at 10:00 a.m.

Council Member Rimer suggested that the Town needed to continue to pay careful attention to maintaining its existing bicycle paths and trails.

Mayor Howes thanked those in attendance for this evening's hearing.

Item 3 Petitions

Dr. Donna Bryant requested that the consent agenda item pertaining to Mallette Street traffic restrictions be forward in the Council's agenda. Mayor Howes suggested that the Council consider the matter following consideration of the Thoroughfare Plan item. Hearing no objections, Mayor Howes said this was how the Council would proceed.

Brant Lambert said that he had recently noticed heavy machinery was very close to his house felling trees. Mr. Lambert said he had spoken to Town and Department of Transportation officials about removal of the trees. Mr. Lambert stated that Transportation Department officials were very apologetic about the mistake in removing the trees. He stated that the Town's Tree Protection Ordinance provided for the restoration of new trees when trees were removed. Mr. Lambert requested assistance in planting similarly sized trees along the bypass area.

Mayor Howes said that the Council was sympathetic to the case but was not sure what action could be taken. He suggested that the staff provide the Council with a report on the matter. Mr. Horton said that the North Carolina Department of Transportation had worked hard to prevent these types of problems. Mr. Horton said he was not sure what type of offer would be made to rectify the situation. Council Member Herzenberg said that this type of situation was not anticipated by members of the Tree Protection Task Force. Mr. Lambert said he was also concerned about future situations of this type.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE MANAGER.

Council Member Andresen asked whether the trees removed were very old and large. Mr. Lambert said this was correct. He said that several large trees had been knocked down. Council Member Andresen suggested tying something around significant trees which should not be removed. She suggested that the Town take an aggressive stand with the Department of Transportation on the matter. Mr. Lambert said he was concerned that the decision to remove the trees was a decision made solely by Department of Transportation officials.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Howard Watson, a concerned citizen in the Pine Knolls neighborhood, urged law enforcement officials to keep up the pressure to drive illegal activity out of his neighborhood. Mr. Watson said that neighborhood residents also needed to take an active role in reporting illegal activity. He said it was possible to forgive law enforcement officials for mistakes made. Mr. Watson said that efforts of the Police Department were making a positive difference in the Pine Knolls neighborhood.

Mayor Howes said that a communication had been received from the Orange Water and Sewer Authority concerning a Town of Hillsborough water line. Mayor Howes suggested that the matter be referred to the Town Manager for a report and further consideration.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Andresen suggested that Orange Water and Sewer Authority board members present a report to the Council on a quarterly basis. Council Member Andresen siad it was a good idea to initiate this report. She noted that the Orange County Commissioners currently receive a quarterly report from board members. Council Member Andresen stressed the importance of keeping abreast of water and sewer issues.

Council Member Brown requested that the Council receive a status report on the Solid Waste Regional Task Force phase three report. Council Member Preston said this was a very timely request. She noted that she would be leaving her position as chairperson of the landfill owners group in the near future. Council Member Preston said a report on activities of the Solid Waste Regional Task Force would be made in the near future.

Council Member Preston requested that the Council consider appointing a replacement to fill her seat on the Landfill Owners Group in the near future. Mayor Howes urged Council Members to talk among themselves about a possible replacement selection. Council Member Werner inquired whether the appointment would pre-empt action by the next Council, to be seated in December. Council Member Preston said the decision was in the Council's hands, although she urged an overlap in appointments. Mayor Howes said it appeared to be the consensus of the Council to consider an appointment at its organizational meeting or shortly thereafter.

Council Member Rimer noted that the Town was not listed in an article outlining Town's which buy recycled products. He requested that the staff investigate how the Town might be included in future listings. Mr. Horton stated that the Town had not adopted the specific policy of the program. He said that the staff could prepare an item to consider possible participation in the program.

Council Member Preston said she had received a call from a merchant on West Franklin Street who indicated that merchants were pleased with the installation of thirty parking meters in lot number three on West Franklin Street. She requested a report on the West Franklin Street crosswalk proposal and the possibility of installing additional meters in lot number three.

Council Member Andresen inquired what formal action would be needed for quarterly Orange Water and Sewer Authority reports to be made to the Council. Mayor Howes said that his assistant would look into the matter.

Mr. Horton said that a public hearing date of October 21st instead of November 18th was being suggested in consent agenda item number 11b. Mayor Howes said the Council was agreeable to this change.

Item 4 Thoroughfare Plan

Council Member Werner said irrespective of how the vote turned out, construction would adversely impact the Westwood neighborhood. Council Member Werner said he believed that the Southern Loop roadway would be removed from the Thoroughfare Plan this evening. He said that the amount of traffic affecting the neighborhood would be very noticeable in any event.

THE MOTION, RESOLUTION 2, WAS DEFEATED BY A VOTE OF 3-5, WITH COUNCIL MEMBERS RIMER AND WERNER AND MAYOR HOWES VOTING AYE. COUNCIL MEMBERS ANDRESEN, BROWN, HERZENBERG, PRESTON AND WILKERSON VOTED NO.

Council Member Andresen noted that Town and University officials would need to continue to work together on roadways and related matters.

Council Member Wilkerson said his change in vote had not occurred as a result of the volume of correspondence he had received on the matter. Council Member Wilkerson stated that he had made the decision to change his vote in mid-August. He stated that his decision had been affected by the total situation. Council Member Wilkerson also said that the Town and University were not communicating as well as they possibly could. He stated that the Council sitting in December would have a rremendous amount of work to do in the area of transportation.

Item 4a Mallette Street Vehicle Restrictions

Administrative Analyst Jane Cousins said residents of Mallette Street had petitioned the Council on June 22nd, expressing their concern about large trucks and buses traversing Mallette Street.

Ms. Cousins stated that the Town staff had reached an agreement with Southern Bus Company whereby the company agreed that its buses would no longer use Mallette Street. Ms. Cousins noted that an ordinance to limit bus and truck traffic was also included for consideration by the Council this evening.

Shirley Chapham said that houses along Mallette Street are very close to the roadway. She added that there was a heavy volume of foot traffic in the area, complicated by the fact that area foot paths were in very poor repair. Ms. Clapham said that pedestrians should not have to be concerned about commercial vehicles in the area. Ms. Clapham requested that the Council adopt the ordinance limiting bus and truck traffic on Mallette Street.

Isabel Lewis, a Mallette Street resident, said that Mallette Street is very narrow, with houses close to the street. Ms. Lewis said the street was not adequate for large vehicles. She added that adoption of the resolution would solve seasonal problems, while the ordinance would address year-round concerns.

Dr. Donna Bryant, a Mallette Street resident, said she appreciated the proposed resolution, but such a private agreement would not adequately address the existing problem. Dr. Bryant said a public ordinance was needed, since buses and eighteen wheel vehicles did not belong on Mallette Street. She noted that there are currently eleven Town streets on which trucks are prohibited. Dr. Bryant noted that one hundred percent of Mallette Street residents were requesting adoption of the ordinance and resolution.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 5.

Council Member Andresen thanked the staff for working out an agreement to limit bus traffic during the summer. She noted that adoption of the proposed ordinance would be more effective. Council Member Werner inquired how trucks were defined. Town Attorney Karpinos said that larger trucks were being proposed for prohibition. He noted that the Council could include a maximum weight limit in the ordinance. Council Member Wilkerson suggested that the Council make all ordinances on street weight vehicle limits uniform. Mr. Horton said that the staff would bring an item before the Council concerning weight limits on streets in the future. Council Member Rimer said he originally favored adoption of the resolution, but had been persuaded by neighborhood residents that an ordinance was necessary.

ORDINANCE 5 WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE ARTICLE I OF AMENDING CHAPTER 21, TRAFFIC CODE OF THE TOWN CODE OF ORDINANCES (91-9-10/O-5)

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

SECTION I

ADD Section 21-6.1 to the Town Code of Ordinances to read as follows:

"Section 21-6.1 Bus and Truck Through Traffic

It shall be unlawful to operate a bus or truck on Mallette Street except for local service vehicles and delivery trucks making deliveries and/or pick ups on the street; and for buses stopping for receiving or discharging passengers on the street."

SECTION II

This ordinance shall be effective upon the posting of the required signs.

This the 10th day of September, 1991.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SUPPORTING THE AGREEMENT REACHED BETWEEN THE UNIVERSITY OF NORTH CAROLINA ATHLETIC DEPARTMENT, THE SOUTHERN COACH COMPANY, AND THE CHAPEL HILL POLICE DEPARTMENT

(91-9-10/R-11)

WHEREAS, The University of North Carolina Athletic Department sponsors sports camps in the summers; and

WHEREAS, the participants of these camps are housed in Granville Towers and transported daily to various location in the community; and

WHEREAS, in the past the buses transporting camp participants have used Mallette Street in their route; and

WHEREAS, the residents of Mallette Street find this heavy bus traffic to be noisy and perhaps dangerous; and

WHEREAS, the University of North Carolina Athletic Department, Southern Coach Company, and the Chapel Hill Police Department have worked together to devise alternate routes for the summer of 1992 and following summers; and

WHEREAS, these routes will not use Mallette Street, South Graham Street, South Roberson Street, or Kenan Street; and

WHEREAS, the Chapel Hill Police will monitor the situation and continue to work with the University of North Carolina Athletic Department;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the agreement between the University of North Carolina Athletic Department, the Southern Coach Company and the Chapel Hill Police Department in establishing bus routes for summer camp programs which do not travel on Mallette Street or the other residential streets between West Franklin Street and West Cameron Avenue.

This the 10th day of September, 1991.

Item 5 Public Safety System Report

Town Manager Horton said that the Council had requested a report on the Town's public safety system in January, 1991. He noted that staff from the Personnel, Fire and Police departments had worked hard on the report for a number of months. Mr. Horton said that Personnel Director Pat Crotts would make a brief report on the group's findings and recommendations this evening.

Mr. Horton stated that one of the keypoints of the report was a request for authorization to modify the existing service delivery system. He noted that under the terms of the proposed modification, the number of public safety officers would be reduced from sixty-five to thirty-eight, the number of police specialists would be increased from twenty-one to thirty-nine, and the number of fire specialists would be increased form thirty-two to forty-one. Mr. Horton stated that the proposed modification would result in more effective law enforcement and fire fighting teams. He added that the proposed staffing modifications could be made at no cost.

Mr. Horton said that the key reason for the proposed modification was that public safety systems work best when there is a low incidence of fires and crimes and a relatively low overall demand for service. He noted that there had been considerable changes since the public safety system was established. Mr. Horton stated that it would be possible to obtain significant service level improvements by establishing separate fire and police departments. He said that such an arrangement would cost as much as $180,000. Mr. Horton stated that this proposal might be discussed in detail during budget deliberations, if the Council so desired.

Personnel Director Pat Crotts said that the task force had met almost weekly to address the question of how best to handle the Town's safety needs. Ms. Crotts noted that disadvantages of the public safety system included the need for dual training and specialization and the need for increased coordination time to administer the system. Ms. Crotts said that eighty-seven percent of public safety employees had responded to a survey concerning work assignments, training and possible restructuring. She noted that some employees had been personally interviewed about the public safety system.

Ms. Crotts said that some of the goals of the fire and police departments in the next several years were to perform more fire inspections and community oriented policing. She noted that there were some advantages to the current system including having a large group with dual training available for a variety of emergency situations. Ms. Crotts said it was difficult for public safety officers to be pulled between two parts of the job. She noted that it was also quite difficult and time-consuming to fill vacancies. Ms. Crotts said the proposed system modification would involve more specialization and less training time. She stated that the project was enjoyable. Ms. Crotts expressed appreciation to the Town staff for their participation in the project.

Mayor Howes noted members of the staff committee: Fire Chief Dan Jones, Deputy Chief Bobby Williams, Administrative Officer Rodney Murray, Police Chief Arnold Gold, Police Captains Gregg Jarvies and Ralph Pendergraph and Police Administrative Analyst Jane Cousins.

Council Member Andresen said that the report seemed complete. She said that she was looking forward to studying the report in greater detail. Council Member Andresen said the crux of the report appeared to be the ability to achieve a higher level of service with existing resources. Ms. Crotts said an objective of the modification was to achieve more efficient service delivery over time.

Council Member Preston said that the report was informative and well-structured. Council Member Preston said she was comfortable with the report's recommendations. She stated that the movement away from administratively cumbersome operations was a step in the right direction. She noted that the proposed modification to the public safety system would necessitate the careful attention of the new Council in December. Council Member Rimer said it was appropriate to consider the proposal in the context of next year's budget, although he hated to put off all major decisions for the next Council. Council Member Preston encouraged all Council and Mayoral candidates to attend the work session on the public safety system. Mayor Howes said that the report was a thoughtful one.

Council Member Werner inquired whether the Manager was seeking further direction from the Council, independent of budget considerations. Mr. Horton said this was correct. Council Member Brown said the report was a very good one and was looking forward to additional discussion at the work session.

Mayor Howes noted that the date in the proposed resolution had been left blank, but October 7th had been proposed as a possible work session date. Mayor Howes noted that he and Council Member Rimer would be unable to attend a work session on October 7th. Town Manager Horton said it would be possible to poll council members to determine an agreeable meeting date.

Council Member Wilkerson stated that a reporter had recently asked him whether the public safety officer experiment had failed. Council Member Wilkerson said that the committee had done an excellent job of assessing the public safety system. He stated that the program was initiated in 1976 on the basis of being the best available system at the time and was neither an experiment or a failure. Council Member Wilkerson said the report recognized that the community had changed and continued to change. He emphasized the need to be attentive to the needs of the community. Council Member Wilkerson said he was particularly struck by the scenario of a person responding to a fire situation at the beginning of their shift, being exhausted, and having to serve as a police officer for the remainder of the shift. He said there was a need to change the existing public safety system.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON TO HOLD A WORK SESSION ON THE PUBLIC SAFETY SYSTEM AT A DATE AND TIME TO BE DETERMINED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 6 Glen Heights Petition Response

Assistant to the Manager Greg Feller stated that a petition had been received on July 8th requesting assistance for offsetting the cost of providing sewer service in the Glen Heights neighborhood. Mr. Feller said the staff's recommendation was the matter on the basis of Town-wide policy. He stated that four alternatives were being offered for the Council's consideration this evening. Mr. Feller said the first alternative was to establish a water and sewer loan fund, offering loan interest rate loans to low and moderate income persons. He said the second alternative was to support water and sewer projects on a percentage basis. Mr. Feller stated that a third alternative was to contribute toward the cost of lines to connect neighborhoods to existing mains. He said the fourth alternative was to use Community Development Block Grant funds for provision of water and sewer service. Mr. Feller said the staff recommendation was to adopt Resolution $a, authorizing the Manager to prepare a proposal on a water and sewer loan fund.

Council Member Herzenberg inquired about the estimated expense of the survey associated with Resolution 4d. He also asked if the use of these funds would impact funds for subsidizing housing programs. Mr. Feller said the cost of the survey would be limited. He noted that the best use of funds would be the establishment of a loan fund for water and sewer projects.

Noting that inquiring about individual's income levels was a sensitive matter, Council Member Andresen said she was persuaded that the Manager's recommendation was the best alternative. She suggested that an allocation of up to $100,000 be established for water and sewer loans. Council Member Werner inquired about alternative use of $350,000 in water and sewer grant funds. Mr. Feller said there was no requirement to use the funds for water and sewer projects.

Council Member Preston asked whether it was possible to use community development funds to add to sewer loan funds for needy residents. Mr. Horton said this was possible if community requirements were met.

Council Member Wilkerson asked whether it was possible to determine the number of low and moderate persons in need for the program. Mr. Feller said that the fund of $350,000 divided by a $5,000 loan amount per person would mean that approximately seventy families or persons could be assisted by the program. Mr. Horton noted that the proposal was for a loan fund, making it possible to replenish the fund for future loans.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 4A.

Council Member Andresen suggested that the resolution be forwarded to Orange Water and Sewer Authority Board Members, if adopted. Mr. Feller indicated that a copy of the agenda item had been forwarded to OWASA board members prior to the meeting.

Mayor Howes said the proposed resolution was the legal and right way to handle the current situation. Mayor Howes said that the redistribution of income was a political judgement that needed to be made.

THE MOTION, RESOLUTION 4A, WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO PREPARE A PROPOSAL FOR THE COUNCIL'S CONSIDERATION TO ESTABLISH A LOAN FUND TO ASSIST LOW AND MODERATE INCOME FAMILIES WITH THE COST OF OBTAINING PUBLIC WATER AND SEWER SERVICE (91-9-10/R-4a)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Manager to prepare a proposal for a water/sewer loan fund to assist low and moderate income families with the cost of obtaining public water and sewer services.

This the 10th day of September, 1991.

Item 7 Drinking Water Supply Watershed Regulations

Mayor Howes noted that the Council had previously presented resolutions to the Environmental Management Commission concerning the University Lake and Cane Creek watersheds. He added that Environmental Management Commission hearings around the State had been heavily attended, with developers arguing strenuously against the proposed regulations.

Mr. Horton said that staff from the Triangle J Council of Government, University of North Carolina and the Town had been involved in drafting the report before the Council this evening. Mr. Horton stated that a very important set of rules were being considered, with unclear politics serving as a backdrop. He noted that the Council had a generally positive view of the need for regulations in watersheds.

Assistant to the Manager Greg Feller said that adoption of minimum standards for local ordinances was the subject of the General Assembly's proposed legislation. He stated that the Council had the opportunity to comment on these proposed minimum statewide regulations. Mr. Feller said that a WS-4 classification was proposed for the Jordan Lake watershed area. He added that a fairly large portion of the watershed was located in the Town limits. Mr. Feller stated that the staff was recommending support of the Jordan Lake watershed in the WS-4 classification, signifying medium to high density development.

Mr. Feller noted that the Council had previously requested the designation of University Lake as a critical watershed, with a minimum classification standard of WS-2. He stated that a vested rights statute could be used to adopt special standards for the watershed. Mr. Feller said that the original definition of critical areas proposed a coverage area of one-half mile. He stated that a revised coverage area of one mile was being recommended by the staff.

Council Member Andresen thanked Mr. Feller for doing a good of summarizing the regulatory proposals. Mayor Howes noted that comment was still being received since the proposed standards had not yet taken effect. Council Member Andresen said it was important to emphasize that minimum standards were under discussion. She noted that the proposed standards were the State's first venture into this type of regulation. Council Member Andresen said the standards would serve as a beginning point for future regulations. Council Member Andresen said she was pleased that the Town could support the proposed standards.

Council Member Brown inquired whether statewide minimum standards were being established so that individual municipalities could set their own minimum standards. Mr. Feller said this was correct.

Council Member Preston said she concurred with the Manager that the proposed watershed standards were a major issue meriting the Council's careful consideration and attention. She added that proposed impervious cover limits were also an important matter. Council Member Preston inquired how projects such as the proposed UNC medical area complex would be affected by the proposed detention standards. Mr. Feller stated that any project with a impervious surface coverage of greater than twenty-four percent would require detention ponding. He added that the Town would be responsible for monitoring these facilities on an annual basis.

Council Member Preston asked if the proposed new rules would apply to developments in progress. Mr. Feller said this would depend upon the status of individual projects at the time of rules adoption.

Council Member Wilkerson noted that he was currently serving on the Energy and Enviromental Policy Committee of the North Carolina League of Municipalities. Council Member Wilkerson said that the proposed regulations had engendered strong reactions from development and environmental groups and representatives. He stated that if the proposed policies were implemented, there would be a tremendous impact on Department of Transportation and other large scale projects. Council Member Wilkerson stressed the need for the Council to be vigilant in moving ahead in this matter.

Mayor Howes noted that individual communities would be differentially affected by the proposed regulations.

Ed Harrison, representing the Triangle Chapter of the Sierra Club, said that the group had been discussing the proposed regulations since February. He stated that the Sierra Club was attempting to receive local support of the Club's position on water quality standards. Mr. Harrison noted that at a recent hearing in Troy, North Carolina on the proposed standards, two persons had spoken in favor of the standards, while approximately one hundred persons spoke in opposition. Mr. Harrison expressed concern that there was a great deal of misinformation about the proposed rules. He noted that the staff's report was very good. Mr. Harrison stated that the proposald to strengthen the standards was a rational and practical approach. He requested that the Council consider including additional language in the proposed resolution of support of the standards.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO AODPT RESOLUTION 5, INCORPORATING THE LANGUAGE SUGGESTED BY MR. HARRISON.

Mayor Howes noted that the Council did not customarily adopt resolutions with extensive revisions on the same evening as proposed. He suggested that the Council consider adoption of the revised resolution at its September 23rd meeting. Mayor Howes stated that the comment period for the proposed standards extended through the end of October. Mr. Harrison noted that the Mayor and Council and any interested parties could speak at the Environmental Management Commission's public hearing to be held in late September.

CONSIDERATION OF THE REVISED RESOLUTION WAS DEFERRED TO THE COUNCIL'S SEPTEMBER 23RD MEETING.

Item 8a Delegate Designation

Mayor Howes said he would welcome the opportunity to serve as the Town's delegate to the North Carolina League of Municipalities Annual Meeting.

Council Member Rimer asked why the National League of Cities was hosting its annual meeting during the week before Christmas. Mayor Howes stated that the conference's original site of Phoenix had been found to be unsatisfactory by the NLC Board, since the State of Arizona did not observe Dr. Martin Luther King Jr's. Birthday as a holiday. Council Member Werner said it might be possible that no one would attend the conference, resulting in significant savings of money. Council Member Herzenberg said he might attend the conference and expressed an interest in being the Council's voting delegate.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 6.1, DESIGNATING MAYOR HOWES, COUNCIL MEMBER WILKERSON AND HERZENBERG AS THE TOWN'S DELEGATES AND ALTERNATES.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DESIGNATING VOTING DELEGATES AND ALTERNATE VOTING DELEGATES FOR THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES' ANNUAL MEETING AND THE NATIONAL LEAGUE OF CITIES' ANNUAL BUSINESS MEETING (91-9-10/R-6.1)

WHEREAS, the North Carolina League of Municipalities requires member cities to appoint a voting delegate and an alternate delegate to cast the votes at the League's Annual Meeting; and

WHEREAS, the National League of Cities requires member cities to appoint a voting delegate and an alternate delegate to cast the votes at the League's Annual Business Meeting;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Mayor Jonathan Howes is hereby designated to be the voting delegate and Council Member Roosevelt Wilkerson is hereby designated to be the alternate delegate to the North Carolina League of Municipalities' 1991 Annual Meeting.

BE IT FURTHER RESOLVED that Council Member Joe Herzenberg is designated to be the voting delegate at the National League of Cities' 1991 Annual Business Meeting.

This the 10th day of September, 1991.

Item 8b Annual Chapel Hill-Carrboro Opinion Poll

University of North Carolina School of Journalism Dean Richard Cole said the community could benefit from information gleaned from a public opinion poll. He noted that details of the opinion polling would need to be worked out between the School of Journalism and the Council. Council Member Herzenberg inquired whether it was possible to separate out the opinion of non-Town residents. Dean Cole said this was possible, since the School of Journalism had previous experience in this area. Council Member Andresen said she thought the idea of a public opinion poll was an excellent one. She noted that only a very limited amount of Town staff support would be available for this effort. Dean Cole said the Council might want to supplement some polls with Town staff involvement. Council Member Brown said the proposal was an interesting one. She thanked the School of Journalism for offering the concept.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 6.2. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION RECEIVING WITH APPRECIATION A PROPOSAL FROM THE DEAN OF THE UNC SCHOOL OF JOURNALISM FOR AN ANNUAL CHAPEL HILL-CARRBORO PUBLIC OPINION POLL (91-9-10/R-6.2)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council receives with appreciation the proposal by letter dated August 21, 1991 from Dean Richard Cole of the UNC School of Journalism, and expresses its thanks to Dean Cole for initiating this idea to benefit the community and UNC Journalism students and faculty.

BE IT FURTHER RESOLVED that the Council refers the proposal to the Manager for discussion with Town of Carrboro representatives and a report to the council in January, 1992.

This the 10th day of September, 1991.

Item 9 McCauley Street Parking Restrictions

Town Manager Horton said he recommended adoption of Ordinance 2, restricting parking on McCauley Street Monday thorugh Friday between 8:00 a.m. and 12:00 noon.

John Feaghans suggested making the entire length of McCauley unrestricted parking. Mr. Feaghans said that bus service to the University after 6:00 p.m. was very poor. He stated that the basic problem with parking on McCauley Street was lack of enforcement of existing regulations pertaining to abandoned cars. Mr. Feaghans said that restricting parking would not prevent commuter parking since there is a black market for residential parking stickers.

David Long expressed concern that his girlfriend was frequently unable to find a parking space late at night close to her home. He stated that many people were leaving cars on McCauley Street for extended periods of time. Mr. Long said he supported the proposal to restrict parking on McCauley Street.

Fraser Smith suggested better enforcement of abandoned car regulations and additional ticketing of violators. Mr. Smith said that Vance Street was constantly full of cars despite parking restrictions. He suggested that parking on McCauley Street be restricted between 8:00 a.m. and 10:00 a.m. to discourage people from parking in the area all day. Mr. Smith said this approach would result in less time for patrols. He said there was a chronic parking shortage in the area, requiring more parking rather than less. Mr. Smith also suggested installing a guard rail at the end of McCauley Street.

Council Member Herzenberg said he had spoken to a large number of persons about the parking situation on McCauley Street. He noted that some of these persons were not willing to use the Town's bus system. Council Member Herzenberg said he basically agreed with McCauley Street residents in this matter. Council Member Herzenberg said the staff recommendation was in line with Council policy.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(91-9-10/O-2)

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

SECTION I

That Section 21-27 of the Town Code of Ordinances, "No Parking as to Particular Streets" is amended by deleting the following.

Street Side From To

McCauley Street North Pittsboro St. Hill Top Street

SECTION II

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

McCauley Street North Pittsboro St. A point 120 feet west of Ransom Street.

McCauley Street North A point 800 Hill Top Street

feet west of

Ransom Street.

SECTION III

That Section 21-27.1(b) "No Parking During Certain Hours", 8:00 a.m. to 12 noon, Monday - Friday is amended by inserting the following therein, in appropriate alphabetical order:

(b) 8:00 a.m. to 12 noon, Monday through Friday

Street SideFrom To

McCauley Street North A point 120 To a point

feet west of 800 feet west

Ransom St. of Ransom St.

SECTION IV

This ordinance shall be effective on Monday, October 7, 1991.

SECTION V

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

This the 10th day of September, 1991.

Item 10 Appointments

Housing Advisory Board

Council Member Rimer suggested that the Council defer consideration of this appointment until the Housing Advisory Board could make an appointment recommendation at its September 24th meeting. The Council concurred.

Library Board of Trustees

Clifton Metcalf was appointed to the Board. The vote tabulation was as follows:

Clifton Metcalf 7 votes (Brown, Herzenberg, Howes,

Preston, Rimer, Werner,

Wilkerson)

Joseph Beasley 1 vote (Andresen)

Planning Board

No candidate received the five votes necessary for appointment. The two vote tabulations were as follows:

First Ballot

Marcella Groon 4 votes (Andresen, Howes,

Rimer, Wilkerson)

Christin Pryor 3 votes (Brown, Herzenberg,

Preston)

Stephen Manton 1 vote (Werner)

Second Ballot

Marcella Groon 4 votes (Andresen, Howes,

Rimer, Wilkerson)

Christin Pryor 4 votes (Brown, Herzenberg,

Preston, Werner)

Transportation Board

Dan Coleman was appointed on the second ballot. The two vote tabulations were as follows:

First Ballot

Daniel Coleman 4 votes (Brown, Herzenberg,

Rimer, Wilkerson)

Ruby Sinreich 2 votes (Howes, Preston)

Stephen Manton 1 vote (Werner)

Belinda Wells 1 vote (Andresen)

Second Ballot

Daniel Coleman 6 votes (Andresen, Brown, Herzenberg,

Rimer, Werner, Wilkerson)

Stephen Manton 1 vote (Howes)

Ruby Sinreich 1 vote (Preston)

Original voting ballots are on file in the Clerk's Office.

Appointment to Orange County Visitor Services Board

Council Member Herzenberg said that Council Member Andresen had agreed to serve as the Town's delegate to the Board, while he had agreed to serve as alternate to the Board.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO APPOINT COUNCIL MEMBERS ANDRESEN AND HERZENBERG AS THE TOWN'S DELEGATE AND ALTERNATE RESPECTIVELY TO THE ORANGE COUNTY VISITOR SERVICES BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Appointment to Southern Orange County Government

Services Building Committee

Mayor Howes noted that Council Member Brown had expressed interest in serving as the Town's representative to the committee.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO APPOINT COUNCIL MEMBER BROWN AS THE TOWN COUNCIL'S REPRESENTATIVE TO THE SOUTHERN ORANGE COUNTY GOVERNMENT SERVICES BUILDING COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 11 Consent Agenda

Council Member Werner requested removal of items "l" and "n" for separate consideration.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS "F" (ADOPTED EARLIER IN THE MEETING), "L" AND "N". THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND ORDINANCES (91-9-10/R-7)

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 in regard to the following:

a. Adoption of minutes of August 26, 1991.

b. Calling public hearing on construction time limits and thresholds DOTA (R-8).

c. Proposed process for annexation agreement with Town of Carrboro (R-9).

d. Technical correcting amendment to Noise Ordinance

(O-3).

e. Street closing for Festifall (R-10, O-4).

g. Timber Hollow Court parking restrictions (O-6).

h. Bolinwood Drive parking restrictions (O-7).

i. Ridge Road parking restrictions (O-8).

j. Report on street lighting and public safety.

k. Report on joint athletic facility usage.

m. Report on traffic flow at Fordham Boulevard and Mason Farm Road.

This the 10th day of September, 1991.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER DEVELOPMENT ORDINANCE AMENDMENTS (91-9-10/R-8)

WHEREAS, a request has been made to the Council by the Chapel Hill-Carrboro Chamber of Commerce, the Orange County Economic Development Commission, and the Chapel Hill-Carrboro Downtown Commission to examine regulations that affect the timing of review of development applications;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls for a Public Hearing to be held on Monday, October 21, 1991 at the Chapel Hill Town Hall for the purpose of discussing amendments to the following portions of the Chapel Hill Development Ordinance:

Sec. 18.5 Criteria for minor change vs. major modification for a Special Use Permit

Sec. 18.6.2 Starting Time Limits for Special Use Permits

Sec. 18.6.3 Completion Time Limits for Special Use Permits

Sec. 19.2 Criteria for staff processing of Site Plan Reviews

Sec. 19.6.1 Starting Time Limits for Zoning Compliance Permits

BE IT FURTHER RESOLVED that the Town Manager is directed to prepare a report for the hearing examining the possible advantages and disadvantages of changing these portions of the Development Ordinance.

This the 10th day of September, 1991.

A RESOLUTION CALLING FOR DEVELOPMENT OF AN ANNEXATION AGREEMENT BETWEEN THE TOWNS OF CHAPEL HILL AND CARRBORO (91-9-10/R-9)

WHEREAS, the Towns of Chapel Hill and Carrboro share a border; and

WHEREAS, it would promote the orderly growth of both Towns to secure an agreement identifying future areas of annexation by each municipality; and

WHEREAS, the North Carolina General Assembly in 1989 enacted legislation authorizing development of Annexation Agreements;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council expresses its intent to develop an Annexation Agreement with the Town of Carrboro.

BE IT FURTHER RESOLVED that the Council shall name three representatives from its membership to initiate discussions with representatives from the Carrboro Board of Aldermen, the purpose of such discussions to be development of a draft Annexation Agreement.

This the 10th day of September, 1991.

AN ORDINANCE AMENDING ARTICLE III, NOISE, OF CHAPTER 11 OF THE TOWN CODE OF ORDINANCES (91-9-10/O-3)

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

SECTION I

Sec. 11-39.1. Noises prohibited, nuisances. is hereby amended by changing the period after nighttime in (a) to a comma and adding the following:

"which interferes seriously with neighboring residents' reasonable use of their properties. Such noise may include, but is not limited to, the following:

(1) Yelling, shouting, whistling or singing. Yelling, shouting, whistling or singing on the public streets or private property at nighttime.

(2) Noisy parties. Congregating because of, or participating in any party or gathering of people, during nighttime.

(3) Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans, or other similar objects during nighttime.

(4) Repair of motor vehicles. The repair, rebuilding or testing of any motor vehicle during nighttime.

(5) Radio, phonograph, television, or musical instrument. The playing of any radio, phonograph, musical instrument, television, or any such device, particularly during nighttime."

SECTION II

This ordinance is effective on adoption.

This the 10th day of September, 1991.

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF WEST FRANKLIN STREET AND ROBERSON STREET (FESTIFALL '91) (91-9-10/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the closing of West Franklin Street between Mallette and Graham Streets, and Roberson Street between Cameron Avenue and Franklin Street, on Sunday, October 6 or October 13, 1991 from 11:00 a.m. to 8:00 p.m., to allow the holding of the Festifall Street Fair and cleanup of the street following the Fair.

This the 10th day of September, 1991.

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF WEST FRANKLIN AND ROBERSON STREETS (FESTIFALL '91) (91-9-10/O-4)

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

That on the 6th or 13th day of October, 1991, between the hours of 12:30 p.m. and 8:00 p.m., there shall be no parking on either side of West Franklin Street between Mallette and Graham Streets, and Roberson Street between Franklin Street and Cameron Avenue.

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said streets during such hours on said date. The Police Department is further authorized to remove, tow, and impound automobiles and vehicles of any kind which are parked on said streets during such hours in contravention of this Ordinance. In light of the large number of pedestrians expected in the Street Fair area, the Council hereby determines that vehicles in the restricted area would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.

This the 10th day of September, 1991.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (91-9-10/O-6)

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

SECTION I

That Section 21-27 of the Town Code of Ordinances, "No Parking as Particular Streets" is amended by inserting the following in appropriate alphabetical order:

Street Side From To

Timber Hollow Court West Piney Mountain Rd. Airport Road

Timber Hollow Court East Piney Mountain Rd. A point 100

feet north.

Timber Hollow Court East A point 75 feet A point 75

south of Mendel feet north

Drive. of Mendel

Drive.

Timber Hollow Court East Airport Road A point 75

feet south.

SECTION II

This ordinance shall be effective on Monday, September 23, 1991.

SECTION III

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

This the 10th day of September, 1991.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (91-9-10/O-7)

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

SECTION I

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

Street SideFrom To

Bolinwood Drive WestHillsborough St. Airport Road

Bolinwood Drive EastHillsborough St. A point 75 feet

north of Hills- borough Street

Bolinwood Drive EastAirport Road A point 75 feet

southeast of

Airport Road

Bolinwood Drive EastA point 450 feet A point 550

north of Hills- feet north

borough Street of Hillsborough

Street

SECTION II

These ordinances shall be effective on Monday, September 30, 1991.

SECTION III

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

This the 10th day of September, 1991.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (91-9-10/O-8)

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

SECTION I

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

Street SideFrom To

Ridge Road EastA point 267 feet A point 317 feet

south of the south of the

centerline of centerline of

Country Club Rd. Country Club Rd.

Ridge Road EastA point 357 feet A point 407 feet

south of Country south of the

Club Rd. centerline of

Country Club Rd.

Ridge Road EastA point 475 feet A point 525 feet

south of the south of the

centerline of centerline of

Country Club Rd. Country Club Rd.

SECTION II

This ordinance shall be effective on Wednesday, September 11, 1991.

SECTION III

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

This the 10th day of September, 1991.

Council Member Werner inquired whether it would be possible to add other intersections to the Town-wide computerized traffic signalization system in the future. Town Engineer George Small said yes. He said it was possible to negotiate agreements on "isolated" intersections. Council Member Werner inquired about the incremental cost of adding a signal. Mr. Small said the actual signal equipment would cost about $30,000. He said it was likely that several new intersections would need to be added in the future. Council Member Andresen inquired about the order for implementation of the computerized traffic signalization system. Mr. Small said there would be no specific schedule until funding was determined.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT CONSENT AGENDA ITEM "L". THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Noting that an all hard-wire signal system was proposed, Council Member Rimer asked whether any consideration had been given to a digital cellular system. Mr. Small stated that the cutting edge of signal technology was fiberoptic cable. He said that leased phone lines would be used for isolated intersections. Council Member Rimer noted that digital cellular systems were less expensive than hard wire systems.

Council Member Werner said that the long-term outlook for usage of the Glen Lennox fields by the Town was not very good. He encouraged the Town staff to examine alternatives parcels. Mr. Horton stated that the University would want the fields in the long-term, but the fields might be available for short-term use of ten to fifteen years.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT CONSENT AGENDA ITEM AND TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The meeting concluded at 11:31 p.m. No report followed the Executive Session.