MINUTES OF A WORK SESSION HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, WEDNESDAY, JUNE 5, 1996

Mayor Waldorf called the work session to order at 6:05 p.m. Council Members in attendance were Julie Andresen (arrived at 6:12 p.m.), Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck and Lee Pavao. Council Member Barbara Powell was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Noting that she was not sure that the Council would be able to discuss all of the items put forward this evening, Mayor Waldorf suggested that the Council use a weighted voting process to determine which items would be discussed. After polling Council Members, Mayor Waldorf noted that items 1, 2, 3, 4, 5, 6, 7, 9 and 11 had received four or more votes. Council Member Andresen suggested that the other items could be discussed by the Council in the future. Council Member Brown expressed her concurrence. Council Member Franck suggested that the Council discuss the five items which had received five or more votes this evening. Mayor Waldorf noted that this would include items 2, 4, 5, 6 and 7.

Council Member Evans requested a definition of "growth management". Mayor Waldorf suggested that the Council attempt to draw its discussions to a conclusion by 7:45 p.m. Council Member Franck said Council Members could define growth management in light of the items on this evening's agenda. Noting that the term's meaning differed among Council Members, Council Member Evans said it would be helpful to know what "growth management" meant. Mayor Waldorf suggested that the Council discuss the five items identified by weighted voting.

Resource Conservation District Ordinance

Council Member Brown suggested that the Council examine ways to incorporate a greater level of citizen involvement in the resource conservation district process. She also suggested the possible development of a complete Resource Conservation District map and a process for looking at permitted uses. Council Member Brown said it was important to have a strong ordinance which would provide environmental protection to the Town's citizens.

Council Member Andresen said that some tools were needed to make sure that the ordinance was working well, including the development of maps detailing floodways and drainageways. She also suggested the possibility of holding a public forum regarding mapping of the Resource Conservation District.

Council Member Evans inquired when the Corp of Engineers would complete its drainage remapping project. Noting that interpretations of what constituted perennial streams or drainage ditches differed, Council Member Evans suggested that the Town work with Orange County relative to erosion control matters, rather than seeking comments on mapping of the Resource Conservation District. Noting that erosion control was related to this matter, Council Member Andresen said determination of a perennial stream was tied to three criteria, including the presence of plant life. Council Member Brown said it was important to incorporate citizen input into the RCD mapping and review process. She also said it was important to review the definition of resource conservation district in the near term.

Mayor Waldorf said it was very important to make clear what the Resource Conservation District was and what it could and could not do. Mr. Waldon said there was no schedule in place for mapping of the RCD. He noted that creation of such a map would entail a great deal of site work. Council Member Andresen inquired whether or not there had been a mapping related effort underway at one time. Noting that there was no accurate Townwide map of the RCD, Mr. Waldon said staff had attempted to approximate the location of RCD areas at one time.

Stating that a piecemeal and last minute process tended to leave matters in the hands of developers, Council Member Brown said that such a process did not give citizens an adequate opportunity to outline their thoughts. Council Member Evans inquired what Council Member Brown meant by "last minute". Council Member Brown said that the engineer for the Windsor Park subdivision had to go out and examine a number of matters within one or two days. Mr. Horton explained that this visit was intended to double check previously submitted information.

Stating that it appeared that putting together a definitive map of the Resource Conservation District would be quite expensive, Council Member Andresen inquired whether there were other solutions. Stating that there was currently an orderly process in place for making determinations when applications were made, Mr. Horton said although staff could draft a map of the estimated location of the Resource Conservation District, it would be inaccurate in some regards. Council Member Capowski inquired whether or not efforts to address the concerns of downstream property owners were effective. Council Member Andresen said this dealt with stormwater management related matters. Mr. Karpinos said that portions of the Resource Conservation District (RCD) were covered by federal and state regulations.

Council Member Capowski inquired about the Town of Carrboro's ordinance relative to stormwater management and developments. Mr. Waldon said the Town of Carrboro did not have a Resource Conservation District ordinance or other similar program.

Council Member Brown said she thought that the Town should begin a mapping process and review permitted uses in the Resource Conservation District. Council Member Franck inquired what goals Council Member Brown was seeking in the development of such a map. He added that such a map would likely have to be drawn on a development by development basis. Council Member Brown said the proposed maps would serve as a body of knowledge relative to drainage and environmentally sensitive areas.

Council Member Evans inquired whether there was a staff controversy about Resource Conservation District matters in the proposed Windsor Park subdivision. Mr. Waldon said no, noting that there was a very satisfying level of consistency in interpretations relative to engineering, drainage and other planning matters for Windsor Park and other proposed developments.

Council Member Evans suggested that the Council discuss all of the proposed items before making decisions on overall processes and priorities.

Noting that the concept of growth management initiatives had been raised at the Council's January planning retreat, Council Member Andresen said she thought the Council should move ahead with fine tuning of drainage-related maps before inviting public comment on this matter. She also suggested that the Council ask the Mayor to write a letter to the Chair of the Orange County Commissioners regarding the adequacy of existing soil erosion control regulations. Council Member Andresen inquired whether or not the Council could adopt an ordinance prohibiting the construction of roadways next to streams. Mr. Karpinos said this would be contingent upon whether or not such a restriction would permit the reasonable use of a property.

Council Member Chilton said he liked the idea of examining permitted uses. He also suggested the possibility of discussing erosion-related concerns directly with the County Commissioners, rather than indirectly.

Council Member Brown said greater clarity was needed relative to drainage ditches, streams and their possible designation in Resource Conservation Districts.

Mayor Waldorf said there appeared to be some interest in looking at permitted uses in the Resource Conservation District and in receiving more detail on how RCD areas were determined. Council Member Andresen said there was also interest in development of a drainage map. Mr. Horton said staff could draft such a map and seek additional Council direction on this matter. Council Member Franck suggested appointing a Council Committee to review RCD-related matters. Council Member Evans asked whether the proposed committee would prepare a follow-up report for the Council. Council Member Franck said yes. Council Member Brown said it was important for a Council Committee, rather than staff, to prepare the report as a policymaking document.

Council Member Franck said it appeared that many Council Members desired some changes in the existing RCD ordinance. Mayor Waldorf said she was amenable to the idea of a Council Committee to examine the three items referenced earlier. Council Member Pavao inquired whether the Committee would have any funds budgeted for its activities. Mayor Waldorf suggested that this could be determined in the future.

Stormwater Management

Mayor Waldorf requested that staff provide a status report on stormwater activities with the Army Corp of Engineers. Mr. Horton reported that the Town Engineer, George Small, was making good progress in encouraging the Corp of Engineers to proceed with a resurvey of areas previously surveyed by FEMA (Federal Emergency Management Agency). He also reported that Town staff was in the process of composing a report on how stormwater impact statements might be put together and used by the Council.

Council Member Andresen requested a follow-up report on current practices relative to stormwater management review. Noting that she was pleased to hear that the Corp of Engineers's study was moving ahead, Council Member Andresen also said she believed that the Town should consider implementation of a stormwater impact fee. Mr. Karpinos said the Council had the authority to charge a utility fee, rather than an impact fee, for stormwater facilities. Council Member Andresen said that the Town of Garner charged a maintenance fee for detention ponds. Mr. Horton said the Stormwater Management Committee had examined the possibility of establishing a utility and had expressed a number of concerns about such an arrangement.

Council Member Andresen suggested the possibility of coordinated efforts with the Town of Carrboro and Orange County relative to special assessments for stormwater management facilities. Mayor Waldorf noted that Orange County, Town of Carrboro, the University and the Town were all participants in the Corp of Engineers study of undeveloped areas.

Council Member Capowski asked whether or not the Town was receiving stormwater-related complaints relative to small new developments. Mr. Horton said problems tended to be related to soil erosion and sedimentation at new construction sites. Council Member Capowski asked whether the Town could do anything legislatively to assist with spot flooding concerns. Mr. Horton stated that staff was preparing a report on stormwater impact statements and resurveying of FEMA areas for Council's consideration in the near future. Mr. Karpinos added that the court system provided a number of remedies to deal with civil liability situations.

Council Member Evans said that the installation of detention basins was not always the answer to stormwater-related concerns. Mr. Waldon said this was correct, adding that detention basins could sometimes compound flooding and stormwater problems. Council Member Franck said he looked forward to reviewing the stormwater impact statement item on Monday evening's agenda. Council Member Andresen requested that staff prepare a report on funding mechanisms. Noting that the Stormwater Management Committee had reviewed these mechanisms in depth, Mr. Horton said he could redistribute copies of the Committee's report to the Council.

Transportation Overlay Zone

Council Member Franck said he was suggesting the possibility of establishing overlay zones along major roadway corridors to encourage the use of mass transit, limiting the amount of parking spaces permitted and not permitting drive-through windows along certain roadways. Council Member Evans inquired whether such a proposal was necessary. Council Member Andresen said Council Member Franck's proposal contained a lot of good ideas. She inquired whether or not Council Member Franck would endorse the concept of informal pedestrian routing, wherein citizens would be encouraged to walk, rather than drive, between destinations. Council Member Evans said she thought that the transportation management ordinance suggested by Dwight Merriam was similar to Council Member Franck's proposal. Council Member Franck said Mr. Merriam's report did not emphasize zoning.

Mayor Waldorf inquired whether rezoning along roadway corridors was the best way to handle matters. Noting the importance of examining current and proposed future land uses, Council Member Franck said he believed that the proposal could stand on its own merits. Stating that the proposal appeared to be more targeted at undeveloped, rather than developed entryways, Council Member Capowski inquired why Council Member Franck thought that the proposal might offer the best solutions. Stating that past efforts to limit parking and related side effects had been quite successful, Council Member Franck said it would take some degree of effort to get people out of their cars and to use mass transit.

Council Member Brown inquired about next steps relative to Council Member Franck's proposal. Council Member Franck said a zoning category designation could be drafted and examined in the context of land uses. He added that his proposal was for an overlay zone similar to the Resource Conservation District (RCD) rather than a proposal for rezoning. Stating that a lot of effects on corridors would arise through redevelopment and new development, Mayor Waldorf said that execution of the proposal could be quite complex. Stating that the proposal offered a lot more than roadway-related solutions, Council Member Chilton suggested that the Durham City Council might also be interested in the concept of a transportation overlay zone. Noting that this was an excellent point, Council Member Franck said the consultant for the U.S. 15-501 corridor study had made a similar suggestion.

Mayor Waldorf suggested the possibility of establishing a special appearance district. Council Member Andresen said she would be interested in the aesthetic component of such a proposal. Council Member Evans said some efforts had already been made in this regard relative to the proposed Meadowmont development along NC 54. Council Member Pavao inquired about the next step in the proposed process. Council Member Franck suggested consulting with Institute of Government staff on what a draft ordinance might contain. Mayor Waldorf said she was not sure that she understood enough about the proposal in order to agree with this next step. Council Member Evans requested more information on the proposal's goals prior to proceeding in the matter. Council Member Andresen suggested that Council Member Franck could possibly bring back the proposals as a future Council agenda item. Council Member Chilton said the item could contain additional information about the goals of the proposed transit overlay zone. Mayor Waldorf suggested that the item show how an overlay zone might work along a

roadway corridor.

Council Member Capowski said although he liked the first two goals of the proposal, he questioned the third one. Council Member Chilton said the third proposal was intended to reduce the number of businesses with a reliance on access by cars. Council Member Capowski said that many bona fide sit-down restaurants were heavily reliant on the provision of adequate parking. There was Council concurrence for Council Member Franck to proceed with the development of a future Council agenda item.

Transportation Management Plans

Council Member Franck said after consulting with Transportation Board and Council Members, he believed that a number of things could be done to improve the Town's overall transportation management plan program. He also said that staff needed to give the staff standards relative to transportation management plans. Council Member Franck suggested that a local bill could be drafted, giving the Town the authority to require implementation in transportation management plans.

Council Member Brown said it was important for the Town's transportation management plan to have real "teeth" in order to reduce the use of single occupant vehicles.

Council Member Capowski inquired whether or not it was correct that a number of businesses had initiated transportation management plans because the alternative was making payments in lieu of providing parking spaces. Mr. Waldon said this was correct for the downtown area. He stated that outside of the downtown area, businesses were often required to provide transportation management plans as a special use permit condition. Council Member Capowski asked whether there was any reason that the Town could not impose fines for non-compliance with transportation management plan conditions. Mr. Karpinos stated that such matters could possibly be treated as special use permit violations. Mr. Karpinos added that he was not sure how enforcement could be handled if violations were not unlawful at the time of special use permit issuance. Council Member Capowski asked how more enforcement power could be put into existing regulations. Mr. Karpinos said that future transportation management plans could possibly have penalty provisions. Council Member Franck inquired about existing penalty provisions in special use permits. Mr. Karpinos said he could report back to the Council on this matter.

Stating that she had felt that participation in the Town's transportation management plan program was inadequate, Council Member Andresen said she favored mandatory participation in the program. Noting that the program was not just directed at the Town center, Council Member Evans said the collective community was at fault for the lack of success of the transportation management plan program. Council Member Andresen said unless the Council was willing to expand the bus system, it could not make requirements relative to bus ridership. Council Member Franck said the City of Seattle, Washington had high employer and employee participation in its program to reduce usage of single-occupant vehicles.

Stating that business owners had bought bus passes only because it was a requirement of the Town's transportation management program, Council Member Capowski said there would be a low level of program acceptance until the program had some "teeth". Council Member Chilton inquired about the possibility of the Transportation Board assisting in these efforts. Council Member Franck said the Board was already doing so. Transportation Board Chair Ruby Sinreich said she was disappointed by participation in transportation management plans to date.

Council Member Chilton suggested that the fourth element of Council Member Franck's proposal be referred to the Transportation Board. Council Member Chilton also said although he liked points five and six, nothing could be done about these matters until the next regular session of the General Assembly. Stating that he was not sure what to do with items two and three, Council Member Chilton suggested that the first item be referred to staff for quick follow-up. Council Member Franck said he was willing to put a little more work into item number two, if the Council was willing to let him do so. He also stated that the Council had not told the Manager what criteria to use for approving or not approving transportation management plans. Council Member Brown said the Council needed to go forward with item number two.

Noting that taxes were increasing, especially at the County level, Council Member Evans expressed concern that the Council was establishing another "hoop" for individuals wanting to start up a business in the Town. Stating that homeownership economics were pushing many people further and further out of the Town limits, Council Member Evans said resolving the matter of transportation management plans was not a simple problem at all.

Council Member Andresen said it would be interesting to know what other communities required in terms of parking for new developments or redevelopments in the downtown area. Council Member Brown said existing "hoops" in the transportation management plan program were essentially meaningless. Stating that the Manager had done a good job of establishing reasonable requirements for the program, Council Member Franck suggested the possibility of amending the Development Ordinance to impose fines relative to non-compliance with transportation management plans.

Open Space Preservation Ordinance

Council Member Brown said the Town needed to begin to do something to preserve open space and plot a map of sensitive areas. She also said the Town needed to develop an open space preservation ordinance. Mayor Waldorf inquired whether Council Member Brown was suggesting the designation of environmentally sensitive areas with minimum open space requirements. Council Member Brown said this was correct. She also that it was important to compile maps in order to see what was currently lacking.

Council Member Andresen said it was important to identify wetland and wildlife habitat areas related to preservation efforts. She also noted that the community of Iowa City, Iowa had a straightforward program regarding open space preservation.

Noting that there were relatively few undeveloped areas within Town limits, Council Member Evans said there were quite a number of requirements relative to steep slopes and environmentally sensitive areas already in place. Mayor Waldorf said although there were quite a few such mechanisms in place, she had not compared these mechanisms to the ones being proposed. Mayor Waldorf inquired about the status of the survey of open space facilities. Mr. Horton said staff could compile previously published information as a starting point for Council discussions.

Stating that the Town had never had a good map of the Resource Conservation District or other environmentally sensitive areas due to resource-related constraints, Council Member Capowski inquired why a map of environmentally sensitive areas was needed at this time. Council Member Franck said such a map would be helpful relative to the possible bond referendum on open space. Council Member Evans noted that many developments chose to dedicate greenway easements to the Town.

Council Member Brown inquired whether or not it would be problematic to put existing maps together. Mr. Horton said staff would be glad to attempt to undertake this project. Council Member Franck requested that staff proceed with the project.

Concluding Remarks/Items for Follow-up

Noting that Council Members Andresen and Brown had volunteered to draft a report on Resource Conservation District matters for the Council's consideration, Mayor Waldorf inquired whether the Council Members had a specific target date in mind for the report. Council Member Brown said the report could be completed by the fall. Council Member Evans said she hoped that this project would not take up a lot of staff time. Council Member Brown said she did not think that much staff time would be needed.

Mr. Horton said staff would distribute copies of the Stormwater Management Committee's final report to the Council. Mayor Waldorf noted that this was agreeable to the Council.

Council Member Franck said he would prepare a resolution on transit-related goals for consideration at a future Council meeting.

Council Member Andresen requested that the staff's follow-up report on drainage maps include information about special assessments for stormwater facility funding mechanisms.

Mayor Waldorf said she welcomed the opportunity to reread the Stormwater Management Committee's report and recommendations. Mr. Karpinos said the possible stormwater utility fee would be charged on a monthly basis, rather than collected up front for improvements.

Mayor Waldorf noted that the transportation management plan item was being referred to a number of different persons and entities. Council Member Chilton said this was not a huge request for follow-up.

Mayor Waldorf said the Council had asked staff to compile existing maps showing environmentally sensitive areas. Mr. Horton said staff could investigate available resources.

Mayor Waldorf said Council Members Andresen and Brown would report back to the Council on options for open space requirements.

Council Member Brown said it was very important to address some of the other goals not discussed this evening. Mayor Waldorf said the Council needed to decide whether and how to address the remaining items not discussed this evening. Council Member Franck suggested that Council Members wishing to do so could undertake examinations of the other items upon their own initiative. Council Member Evans said it was important that the projects not involve an excessive amount of staff time.

Council Member Andresen inquired when the Council would receive follow-up information from its recent workshop. Mr. Horton said this information would be distributed in the near future.

The work session concluded at 8:32 p.m.