MINUTES OF A REGULAR BUSINESS MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, JUNE 15, 1998

AT 5:30 P.M.

 

Mayor Waldorf called the meeting to order at 5:30 p.m.   Council Members in attendance were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Lee Pavao, Julie McClintock (arrived at 5:38 p.m.), and Edith Wiggins.  Council Member Joe Capowski was absent excused.  Also in  attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Engineering Director George Small, Planning Director Roger Waldon, and Deputy Town Clerk Joyce Smith.

 

Item 1  Petitions

 

Council Communications 

 

Council Member Foy requested a staff report on an electronic records management package used by the City Council in Lenexa, Kansas.  He stated that the Lenexa City Council had greatly reduced the use of paper, staff time, and delivery time since converting to a paperless agenda system.  He added that electronic recordkeeping could make information more available to the public and media via the Internet, and requested that the Communications and Information Technology Committee investigate the Lenexa system and report back to the Council on the pros, cons and fiscal impact of the system.

 

Council Member Evans pointed out that the Town of Cary was using a similar system.

Council Member Pavao stated that similar systems had been discussed in the past but not pursued because they necessitated the purchase of portable computers by the Town. Council Member Foy said he was requesting an investigation of the system, rather than recommending that the Council actually implement such a system.  Council Member Evans suggested looking at some of the reports that the staff already had on electronic management systems.

 

Mayor Waldorf suggested that the Communications and Information Technology Committee’s report should address management questions as well personnel-related costs.

 

Council Member Foy stated that the paperless packet system could reduce staff time for copying and collating of agenda materials.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REQUEST THAT THE COMMUNICATIONS AND INFORMATION TECHNOLOGY COMMITTEE INVESTIGATE THE PAPERLESS PACKET PROJECT USED BY THE CITY COUNCIL OF LENEXA, KANSAS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Council Member Wiggins said although she supported the petition, she cautioned that the Communications and Information Technology Committee should keep in mind that non-technical constituencies would continue to need information on paper.  She also suggested that the Committee look into the feasibility of the Town building its own cellular towers and then leasing them.  She pointed out that this could be a good potential source of income for the Town.

 

McDade House  

 

Council Member Brown requested that the Council direct the Manager to bring a report for discussion at Council’s next meeting showing ways in which the Town could assist in bringing about the Council-approved proposal for placing the McDade House on parking lot number five.

 

Council Member McClintock stated that there were problems with the re-assembly of the McDade house on the proposed site.  Council Member Evans noted that the Council previously agreed to invest only in the land that the house would be moved to.   She also pointed out that the Town did not own the building but merely approved a permit for it to be moved across the street.  She added that the owner, Tom Heffner, might wish to move the house somewhere else, and suggested that she and Council Member Brown talk with Mr. Heffner rather than taking up staff time about this matter.  Council Member Brown agreed to talk with Mr. Heffner but restated her request to have the Town review the status of the matter.  Mr. Horton suggested that Council Members might get quicker results by going to Mr. Heffner themselves and finding out what inducements he needed to move the house.

 

Council Member Brown reiterated her position that she was willing to talk with Mr. Heffner but stressed that she also wanted the Manager to speak with him  because the Manager had the best knowledge of Town and community resources.  Mr. Horton agreed to talk with Mr. Heffner but asked that the matter come back at the July 6th meeting.

 

Council Member Bateman asked why the Council needed to proceed quickly with this matter.  Council Member Brown stated that she did not want the summer to go by without something being done about the McDade House.

 

Mayor Waldorf noted that letters and conversations with Mr. Heffner had indicated that difficulties were financial in nature. She asked whether the Council was interested in contributing the funds necessary to move the McDade house.  Mayor Waldorf said she would not support such a use of Town funds.

 

Council Member Evans said she believed that the Council had previously agreed that no Town resources, other than the land donation, would be used for the project. 

 

Council Member Pavao also recalled that the Council offered the land in order to save the building and that the project cost was supposed to be neutral for the Town.

 

Council Member Foy noted that Mr. Heffner did not anticipate having to spend large sums of money either, and suggested that there might be interest throughout the Town in preserving the building as close as possible to its former location.  He agreed that the Council should explore how much support and money was available for the project.

Council Member McClintock agreed with Council Member Foy and suggested that the Council continue discussing this matter at a future Council meeting.

 

Council Member Brown requested that Town staff come back with suggestions on how the Town might provide the project with non-monetary assistance.

 

Council Member Pavao agreed with Council Member Foy that the Council should find out what the public interest was and whether or not there were any public funds available for the project. 

 

Mayor Waldorf stated that the Council was agreeing on the motion to ask the Manager to meet with Mr. Heffner and then bring back a report to the Council on options about what the Town could do, if anything, to preserve the McDade House.

 

Council Member Brown asked that petition be changed to include meeting with the Manager and bringing back a report as an agenda item on options for ways that the Council could help bring about the Council-approved proposal for placing the McDade House on parking lot number five.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, TO ASK THE MANAGER TO BRING A REPORT BACK TO THE COUNCIL AS AN AGENDA ITEM ON OPTIONS FOR PLACING THE McDADE HOUSE ON PARKING LOT NUMBER FIVE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Comprehensive Traffic Study for Chapel Hill

 

Council Member Brown requested that Town staff undertake a comprehensive traffic study of the Town and bring back a preliminary report as an agenda item for Council discussion in late August or early September.   Council Member McClintock proposed amending the petition to request that a professional traffic planner from the private sector advise the Council in this matter.  Council Member Brown accepted Council Member McClintock’s proposed amendment. 

 

Council Member Evans noted that the Council had deferred action on this matter in the spring.  She inquired about the difference between this study and past similar studies.

 

Council Member Brown responded that the Council had postponed action on this matter for a number of years.   Council Member Evans suggested that the study be done in conjunction with an updated land-use plan in order to include the possible future “walkable” communities which would have different traffic impacts than communities of the past.

 

Council Member McClintock stated that the projected cost of $75,000 stopped the Council from proceeding with the previous study.   She suggested that the proposed motion would help the Council to build a spectrum of tools which would enable Town staff to help the Council make better future decisions about traffic-related matters.

 

Council Member Evans suggested that such a study should be done in conjunction with a comprehensive land-use plan because it related to land use.  Council Member Pavao agreed that the Council should get professional advice on the proposed traffic study.

 

Council Member Brown added that even walkable communities required the use of automobiles.  

 

Mayor Waldorf asked Council Member Brown if she was requesting information about existing conditions at various locations throughout the Town.   Council Member Brown stated that she was, adding that Council Member McClintock’s suggestion of hiring a transportation planner would be beneficial in analyzing transportation impacts and planning.   Council Member Foy added that hiring a traffic planner would enable the Council to find out more about traffic modeling software. 

 

Mr. Horton stated that there were several different approaches to this matter.  He stated that one would be to use the Town’s land-use plan to project what changes would occur over a specific period of time and how these would change the level of service at key intersections and along key roadway corridors.   Mr. Horton stated another approach would be to go beyond this and develop a traffic model which would take these same types of data, make projections, and give information about land-use changes.  Mr. Horton also stated that there were a number of transportation consultants who could do both of these analyses.   He suggested that the Town could prepare a requests for proposals and have it available for Council review in the fall.

 

Mayor Waldorf asked whether the data gathering and analytical processes being done in conjunction with the U.S.15-501 and the MIS 2025 Transportation Plan could be used.

 

Mr. Horton responded that this information would be useful.  He added that the population, job, and housing projections now being done would aid in future traffic and comprehensive planning.

 

Council Member Wiggins noted that the second option outlined by the Manager would fit into the comprehensive planning process and give the Council information which it could work with in the next few years of the comprehensive planning process.

 

Council Member Evans noted the need to do long-range planning and supported the notion of  looking to the year 2025 for the entire community.

 

Council Member Brown emphasized the need to do something right away.  Council Member Brown stated that although long-range study and projections were good ideas, the Council should not minimize the importance of taking immediate action to address traffic problems.

 

Mayor Waldorf reminded the Council that the 2025 Plan had to be completed by the end of next year or there would be federal sanctions regarding roadway project funding.

 

Mr. Waldon requested that the Council provide staff with additional details about what it wanted to include in the traffic study.

 

Council Member Brown asked when staff could bring a request for a proposal back to the Council.   Mr. Horton responded that it would be ready by the August 24th Council meeting.

 

Council Member McClintock suggested that information contained in the study should be used for productive actions.  Citing a letter from Gary Faulkner regarding traffic interchanges which would be affected by growth in the Town, she noted that some improvements could not be made due to a lack of foresight in the past.  She stated that short-sighted decisions made now might prevent the Town from being able to make necessary future roadway improvements. 

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO DIRECT THE MANAGER TO BRING BACK A REQUEST FOR A PROPOSAL AT THE AUGUST 24TH MEETING TO SEEK PROFESSIONAL TRANSPORTATION PLANNING HELP IN THE DEVELOPMENT OF A STUDY FOR THE TOWN.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)   

 

Council Member Bateman asked whether the Council had ever looked back at former traffic analyses prepared by developers to see whether they were accurate ten years later.

Council Member Evans responded that it would be worthwhile to ask the Transportation Board to review this matter.  Council Member Brown concurred.  Mr. Horton noted that this would be a good graduate student project.  Mayor Waldorf suggested that the Council direct the Manger to send a letter to the UNC MPA program suggesting this as a graduate project.  There was Council concurrence to do so.

 

Lake Ellen run-off/stormwater management concerns in northern part of Town

 

Council Member Brown requested that the Council direct Town staff to assess the stormwater run-off problems in the northern section of the Town in the Timberlyne-Lake Ellen area, as described in a recent letter from Mark Ross, and to report back to the Council by July 6th as an agenda item for discussion.  She requested that the report also include options for ways to mitigate the stormwater run-off problems in the northern portion of the Town which were caused by building projects presently underway.

 

Council Member Bateman pointed out that neighbors from the Lake Ellen Homeowners Association were planning to present a video documenting erosion problems in the vicinity of Lake Ellen at the Council’s June 22nd meeting.  She said that the homeowners association also would make suggestions for future improvements, and suggested that the Council hear these comments before voting on the matter.

 

Mayor Waldorf noted that the Army Corp of Engineers, the Town of Carrboro, the University of North Carolina, Orange County and the Town were all cooperating on a study about how to manage these problems in the future.  Mayor Waldorf stressed that she had attempted to get the Department of Transportation to pay attention to its contributions to these problems, and explained that she had solicited assistance from Department of Transportation board members and members of the local legislative delegation.   Mayor Waldorf also said that Representative Verla Insko was trying to set up a meeting between Representative Joe Hackney, DOT Secretary Tolson and herself to get the DOT’s assistance in meeting the County’s stormwater standards.  

 

Mr. Small noted that the Corps of Engineers was beginning the second year of a two-year study of Booker, Bolin, and Morgan Creeks, but probably would not get into the effects of  the Estates development on Lake Ellen.

 

Council Member Wiggins asked Council Member Brown whether the date she requested was flexible.  Council Member Brown noted that although there was a sense of urgency about the matter, she would agree to wait until the Lake Ellen neighbors made their presentation to the Council on June 22nd.  Council Member Brown also requested that Town staff look into whether or not detention ponds were effective at various sites around the Town.

 

Council Member Evans asked whether the study referenced by Mr. Small would examine detention ponds.   Mr. Small stated that the Corps would look at the feasibility of building a regional detention facility, similar to a large permanent lake, at some point in the future.

 

Council Member Evans inquired how one could find out how well detention ponds were working.   Mr. Small explained that such ponds tended to change the timing of peak flows in response to different kinds of development projects.  He noted that although ponds could sometimes be detrimental, they were the only means the Town presently had to control the rate of stormwater run-off.

 

Council Member McClintock suggested that the Council listen carefully to Lake Ellen representatives on June 22nd and then determine what the Town might do to mitigate run-off related damage.

 

COUNCIL MEMBER BROWN MOVED THAT THE COUNCIL DIRECT THE STAFF TO ASSESS THE STORMWATER RUN-OFF PROBLEMS IN THE TIMEBRLYNE-LAKE ELLEN AREA, AND TO REPORT ON WAYS TO MITIGATE SUCH PROBLEMS.

 

THE COUNCIL AGREED BY CONSENSUS TO WITHHOLD ACTION UNTIL AFTER HEARING FROM MEMBERS OF THE LAKE ELLEN HOMEOWNERS ASSOCIATION ON JUNE 22ND.

 

Home Rule 

 

Council Member Brown asked the Council to draft a letter to Mr. Robert Hibbitts of the Catawba County Board of Commissioners thanking him for taking the lead in asking local governments to band together to support local government tax reform at the General Assembly.  She suggested that the Council forward Mr. Hibbitts a copy of its 1992 memorandum and adopted resolution regarding home rule legislation.   She also requested that copies be sent to the members of the local legislative delegation, the North Carolina League of Municipalities, the Carrboro Board of Alderman, the Hillsborough Board of Commissioners, and the Orange County Board of Commissioners.

Council Member Evans asked whether home rule would affect County health programs.

 

Mr. Horton responded that it would not do so because of the way that Council Member Brown had proposed home rule.  He stated that the programs to which Council Member Evans referred would be affected only by State policies.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, TO SEND APPLICABLE MATERIALS TO MR. HIBBITTS PLEDGING SUPPORT FOR HOME RULE, AND TO SEND COPIES TO THE LOCAL LEGISLATIVE DELEGATION, NORTH CAROLINA LEAGUE OF MUNICIPALITIES AND ALL LOCAL GOVERNMENT ELECTED OFFICIALS IN ORANGE COUNTY.   THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)

 

Item 2 Consent Agenda

 

Proposed parking for Bolinwood Drive

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, TO ADOPT AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES IN ORDER TO RESTRICT PARKING ALONG A SEGMENT OF BOLINWOOD DRIVE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(98-6-15/O-1)

 

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 inserting the following therein, in appropriate alphabetical order:

 

STREET                      SIDE                FROM                                     TO

 

Bolinwood Drive          East                  A point 160 feet east of            A point 330 feet east of

                                                the centerline of                        the centerline of                       

            Whistling Tree Court                 Whistling Tree Court

 

SECTION II

 

This ordinance shall become effective July 1, 1998.

 

SECTION III

 

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

 

This the 15th day of June, 1998.

Response to Denton petition regarding flooding at 509 Colony Woods Drive

 

Council Member Brown proposed studying how mitigating the flooding would affect the drainage system downstream.  She suggested obtaining a detailed engineering study to determine what needed to be done, how much it would cost, and whether there was a compromise improvement to improve the Denton family’s situation without requiring significant improvements downstream. 

 

Congress Member McClintock recalled that this issue had come before the Council in 1986 and at a later date.  She asked what the Town had planned back then after addressing this issue.   Council Member Brown responded that the plan was to share the cost of putting in two larger pipes and to complete some improvements downstream. Council Member McClintock asked why this had not been done in the past.  Council Member Brown replied that the Town had not been able to arrange cost-sharing with the Dentons.  Mayor Waldorf noted that it was the former homeowners, not the Dentons, would did not agree to share the cost of making improvements.

 

Council Member McClintock inquired whether or not addressing the problem would cause subsequent problems downstream.  Mr. Small responded that making the maximum improvements possible would impact all the way down through The Oaks and across the

Chapel Hill Country Club property.   He expressed hope that a compromise could be reached so that major improvements would not have to be made downstream.  Council Member McClintock urged the Council to set a date for the Manager’s report.   Mr. Small said that Town staff hoped to complete a report by August 24th.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT A RESOLUTION DIRECTING THE MANAGER TO STUDY THE COLONY WOODS DRAINAGE SYSTEM AND TO DETERMINE THE TYPE AND EXTENT OF IMPROVEMENTS NECESSARY TO MITIGATE FLOODING PROBLEMS AT 509 COLONY WOODS DRIVE (R-1).   THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO STUDY THE COLONY WOODS DRAINAGE SYSTEM AND DETERMINE THE TYPE AND EXTENT OF IMPROVEMENTS NECESSARY TO MITIGATE FLOODING PROBLEMS AT 509 COLONY WOOD DRIVE (98-6-15/R-1)

 

WHEREAS, the Council has received a petition regarding flooding problems at 509 Colony Woods Drive; and

 

WHEREAS, the petition notes that flooding periodically occurs beneath the living area of the residence at 509 Colony Woods Drive; and

 

WHEREAS, the enlargement and other improvement of the drainage system downstream from 509 Colony Woods Drive could mitigate said flooding; and

 

WHEREAS, the Town has a general responsibility to maintain its drainage facilities and the authority to assess benefited properties for a portion of the cost of improvements to the said drainage facilities;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to study the Colony Woods drainage system and determine the type and extent of improvements necessary to mitigate flooding at 509 Colony Woods Drive.

 

BE IT FURTHER RESOLVED that, if drainage improvements are necessary only at and under Colony Woods Drive, the Manager is directed to negotiate with the owner(s) of 509 Colony Woods Drive to try to work out an equitable cost sharing arrangement with the Town for said drainage improvements and to report back to the Council with the results of such negotiations.

 

BE IT FURTHER RESOLVED that, failing to successfully negotiate a cost sharing agreement, the Manager is authorized to develop a plan for assessing benefited property owners for a portion of the cost of all necessary drainage improvements and to present the plan to the Council for approval.

 

This the 15th day of June, 1998.

 

  Item 3  Information Reports

 

Status and scheduling of planning-related items

 

Council Member McClintock inquired when staff would bring the Council a report regarding minor versus major changes to development applications.  Mr. Horton said a report would be presented at the Council’s June 22nd meeting.  Council Member Brown suggested that the Council discuss what constituted major or minor changes at this meeting.  

 

Council Member McClintock inquired whether any funding had been allocated in the Town’s 1998-1999 budget for an update of the Town’s Comprehensive Plan.  Mr. Horton replied that $100,000 had been allocated for consultant services.  Council Member McClintock stated that she would like the Council to revisit the question of how this money would be expended.

 

Council Member McClintock requested that the memorandum “lessons from Meadowmont” be withdrawn because the Council rather than the Manager should address these concerns.  Mayor Waldorf inquired whether or not there were any Council objections to the requested withdrawal.   There were no Council objections to the requested withdrawal.  Mr. Horton noted that a follow-up item on the Comprehensive Plan would be included on the Council’s June 22nd agenda.

 

Stating that discussion of the matter was important, Council Member Brown said she did not recall that the Council had deferred discussion of the item regarding “information presented for development proposals” agenda item.   Mr. Horton said that the Council had chosen to defer discussion of this item on several occasions.   Mayor Waldorf said this was also her recollection about this potential discussion topic.  Council Member Brown said she would like to place the item on a future agenda for possible discussion by the Council.

 

Council Member McClintock said it would be helpful for Council Member Brown to outline her specific concerns.

 

Advisory board comments on Mixed Use Development District

 

Mayor Waldorf inquired whether there were any Council comments on this report.  There were no comments by Council Members.

 

Item 4  Review of Pay Plan Discussion

 

Council Member McClintock submitted a summary of key points made during the Council’s April 24th discussion regarding a proposed new Town pay system and awards program.  Mayor Waldorf said that Council Members could comment on this list prior to or at the work session with the Town’s pay plan consultant.

 

The regular business meeting stood adjourned at 6:55 p.m.