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HomeMy Public PortalAbout2007_05_07 Council Work Session May 7, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Councilmembers Absent: None Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Finance Norm Butts, Director of Planning Zoning and Development Susan Swift, Director of Parks and Recreation Kaj Dentier, Director of Capital Projects Management Nagi Elsewaissi, Director of Engineering and Public Works Tom Mason, Director of Utilities Randy Shoemaker, Chief of Comprehensive Planning David Fuller, Senior Planner Scott Parker, Urban Forester Jay Banks, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS 1. Questions on Tuesday Agenda Items Council Meeting of May 8, 2007 There were no Council Comments. 2. Work Session Items for Discussion a. Declaring that public necessity and use exist for the West Market Street Improvements project, authorizing offers to acquire easements, and condemnation if the offers are not accepted Nagi Elsewaissi asked that Council defer this item till their next meeting to allow staff more time to acquire temporary grading and drainage easements. He stated he has contacted the three owners and all agree to provide the easements. Further, he stated the deferral will allow staff time to send letters and give the owners two weeks to respond. Council Member Wright outlined the mix of brick and concrete sidewalk sections that will exist upon completion of this project. Council Member Reid asked if a traffic light will be installed at the intersection of West Market Street and Morven Park Road. He stated members of the Standing Residential Traffic Committee (SRTC) have expressed support for a traffic circle in that area. Mr. Elsewaissi stated there is no traffic light proposed for that intersection; however, there is a project in the Capital Improvement Program for a realignment of the intersection. Council Member Reid verified the project would not prevent the installation of a traffic circle. He stated this intersection has been discussed at the SRTC and it would be cheaper and more aesthetically pleasing to install a traffic circle rather than a traffic light. Town Council Work Session of May 7. 2007 Paqe 2 b. Northern Virginia Transportation Authority (NVTA) activate the Planning Coordination Advisory Committee and include Towns in technical committees Jim Chandler stated as a resuit of discussion at the last Council Meeting staff has drafted a resolution and cover letter for Council's approval. Council Member Reid stated the Town of Herndon is requesting a voting position and asked if we should do the same. Mayor Umstattd stated we have consistently requested permission for a voting position from the General Assembly; however, we could remind the NVTA of our position. Vice Mayor Horne stated Delegate Joe May has offered to meet with the Council to discuss the nuances of this legislation. Mayor Umstattd stated in preparation for that meeting we should send a copy of this letter and resolution to our State legislators. Nicole Ard stated Mayor Lazaro of Purcellville had expressed interest in sending a joint letter sig ned by multiple towns to the NVTA. Mayor Umstattd stated she could support a joint letter as long as Purcellville's position is consistent with ours. c. To work with the Metropolitan Washington Council of Governments (COG) to achieve the best market price for natural gas supply to be delivered to Town facilities and authorizing the Town Manager to execute the required contract to accomplish this goal Kathy Leidich stated this is an opportunity for the Town to save money on natural gas by participating in this reverse auction by the District of Columbia's procurement office. Council Member Wright stated he will look forward to a report on how much money was saved. d. New legislation regardin9 excessive occupancy and enforcement information Brian Boucher stated the State has adopted legislation establishing fines for violation of excessive occupancy in adwelling. He discussed the difficulty in prosecuting these violations stating the Town of Herndon has the most innovative program where they have narrowed the definition of "family" to a 2nd cousin or closer. Further, he stated Herndon prosecuted 108 cases last fiscal year and 68 cases so far this fiscal year. Mayor Umstattd stated the difficulty in the past has been establishing proof that people are unrelated. She asked if the drop in instances could be attributed to a perception in the community that there is more enforcement. Mr. Boucher stated the Town has a small zon ing staff and have been working cooperatively with Loudoun County on these issues. Town Council Work Session of May 7. 2007 Paqe 3 Council Member Burk verified the majority of the affected properties are rentals. She stated the landlord should be the person held responsible in these cases. Mr. Boucher stated if an excessive occupancy case is taken to court it is the property owner who is held responsible for the violation. Council Member Burk discussed the need for affordable housing. Vice Mayor Horne commented on the staffing commitment the Town of Herndon has made in combating this problem. Council Member Hammier stated she has received a number of emaiIs from members of the community and stated she would like a report from staff regarding the status of those specific houses that are of concern. She suggested that the Town focus on tightening up the ordinance language to include specific recommendations from Herndon's Code. Further, she stated it is going to take a grassroots effort with community leaders and stakeholders to look at all issues and she would welcome the opportunity for Leesburg to take a leadership role. Council Member Wright asked staff to provide a report regarding the number of cases, the number of cases taken to court and the number of convictions. He cautioned it is important to enforce the law; however, it should not turn into a witch hunt. Further, he stated it is important to ensure education of the citizens and outreach to these individuals to ensure compliance. Council Member Reid stated Loudoun County changed their ordinance in 2005 and asked if they set a requirement of how many people could live in a home based on the square footage. Mr. Boucher stated a number of jurisdictions have similar requirements; however, it is not something that is heavily relied on for enforcement purposes. . Council Member Reid stated this is a public safety and health issue. He stated a number of citizens spoke to him regarding this problem during his campaign. Further, he stated from a budget standpoint he would rather put staff resources into occupancy issues than sign or balloon enforcement. Ms. Beach reminded Council that the Town Charter was amended beginning July 1 to allow Council to establish a property maintenance code. She stated Herndon's regulations are fairly traditional; however, they are the best way to enforce this issue. There was further discussion regarding enforcement and education and outreach measures. Council Member Martinez stated advocacy groups such as La Voz can help with outreach efforts by explaining the regulations to the community. It was the consensus of Council to direct staff to draft an ordinance. Town Council Work Session of May 7. 2007 Paqe 4 Sandy Kane, 815 Kenneth Place, asked how the home owners associations would fit into the enforcement of excessive occupancy issues in the neighborhoods. Ms. Beach stated the Town has a responsibility in health, safety and welfare issues no mater what type of living association is in place. She stated many home owner associations have different regulations above what the Town has in place that can not be enforced by the Town. Ms. Kane stated while serving on her homeowner association's board there were instances when the police were called regarding improper parking issues and they were told that the police could not assist because the parking violation was on private property. She expressed concern that they might have the same issues when called to enforce occupancy issues. Ms. Beach stated the police are empowered to enforce occupancy issues on private property because if falls in the realm of health, safety and welfare. e. Questions related to temporary uses Mayor Umstattd stated it is difficult for her to understand why the Town would require a permit for a business to erect a small tent for a couple of hours. She stated she is also in favor of allowing balloons and sandwich board signs for temporary use during ribbon cuttings and grand openings. Mr. Boucher stated regulations are not unusual and the purpose is to ensure there is no harm to the public and adjoining properties. He stated he has spoken with Economic Development staff regarding a one-page guide for new businesses to outline what is allowed during regular business and special events. Council Member Burk concurred with Mayor Umstattd's comments. Vice Mayor Horne stated this is an example of being over regulatory. She expressed support for allowing businesses to use balloons and tents. Council Member Martinez verified this ordinance was passed in the 1980's. He expressed support for allowing businesses to use tents and balloons while applying a time limit on the use and ensuring there is no adverse impact to other businesses. Council Member Wright concurred with Mayor Umstattd's comments. He asked that staff revisit the issue of sandwich board signs outside the Historic District and expressed support for greater education for our businesses. Council Member Reid stated there needs to be a discussion on over- regulatory gUidelines as this gives the Town the reputation of not bei ng business friendly. He asked that the Zoning Ordinance be discussed during Council's joint meeting with the Economic Development Commission. f. Status Report on Zoning Ordinance Amendments Susan Swift outlined the status of the Zoning Ordinance amendments Town Council Work Session of May 7. 2007 Paae 5 and the work program for the Planning, Zoning and Development Department. She stated on May 17 the Planning Commission will receive a briefing on the next large set of code amendments. Further, she stated the next batch of amendments will be ready around June 1. Council Member Burk stated she was pleased to see amendments regarding environmental procedures and proffers for natural resources, the tree bank and the Airport Master Plan. Vice Mayor Horne thanked Ms. Swift and her staff for their efforts. Council Member Wright stated he is glad to see the home occupancy amendment eliminating the prohibition on real estate brokers and asked that staff review the single employee restriction. Council Member Reid stated Montgomery County pioneered the regulations allowing some home business uses to have a non-resident employee provided there is off-street parking available and Loudoun County has adopted something similar. Council Member Reid stated Frasier and Associates was contracted to work on the H-1 Guidelines; however, it seems members of the Board of Architectural Review (BAR) want to redo them. Ms. Swift stated the BAR met with the consultant last fall to provide comments on what they would like to see and were presented with an outline in January. She stated the BAR is currently reviewing the first draft and have a number of comments which will be forwarded to the consultant. Further, she stated the schedule for completion of the H-1 Guidelines has a public hearing, a second draft, and a final draft built in. Council Member Reid expressed his concern with the length of time staff has been spending on issues such as the warming shelter and stated Council and the Town Attorney should be looking at streamlining the review process for the H-1 Guidelines. He stated if we want to attract businesses to the Historic District this is a good place to start. Further, he stated many of the deregulatory items seem to be pushed out further in terms of priorities and asked staff to update Council on how these items are progressing. Ms. Beach stated the home occupation ordinance has a proposed amendment to allow real estate brokers; however, there was no provision made to allow employees in private homes. Ms. Swift stated staff does not recommend this change because of enforcement issues. Mayor Umstattd stated it would be more difficult to enforce the prohibition of non-related employees in the home. Council Member Burk stated she would like to have more discussion before moving forward with this issue. Town Council Work Session of May 7. 2007 Page 6 Vice Mayor Horne stated it would be beneficial to get input from the Economic Development Commission. Council Member Wright stated our ordinance on daycare requires that a home based daycare serving more than five children have an assistant and asked if we require that assistant to be a family member. Ms. Swift stated a home based daycare serving more than five children requires a special exception. Ms. Beach stated the requirement differs based on the age of the children. Council Member Wright asked that this be included in the advertisement for the public hearing to allow Council flexibility to make a decision on the issue. g. AADP Committee Status Report Council Member Martinez stated the Committee would like Council to endorse a plan for the Town to move forward with annexation of the primary area south of Town. Council Member Wright requested that Council take action tomorrow night to formalize our support for moving forward with a study of annexing this area. David Fuller stated it would be helpful to the Committee's discussion on Thursday to have Council consensus on this issue. Mayor Umstattd asked if staff anticipates a recommendation that Council hire a consultant to do a fiscal impact study on the annexation of this one area. Mr. Wells stated the Town has a consultant that has developed a fiscal model that will look at broader areas of potential annexation. He stated there may be an added cost because some of the areas bei ng discussed are currently being modeled at this time. Council Member Martinez we are not only endorsing the primary annexation area, but expanding the Joint Land Management Area (JLMA) down Goose Creek and around the Greenway. There was further Council discussion regarding the map and the areas indicated for boundary line adjustment, primary annexation and secondary annexation. It was the consensus of Council to amend the map to include only the primary annexation area and extended JLMA for endorsement tomorrow night. Council Member Hammier stated she would like Council to consider that we are moving forward with this map to give us the planning and zoning Town Council Work Session ofMay 7. 2007 Page 7 controls to develop the property as we choose. She stated she appreciates the cooperative effort and the work of Council Members Martinez and Wright. Council Member Reid expressed support for the map and thanked Council Members Martinez and Wright for their efforts. He expressed concern regarding continuing Board of Supervisor support af ter the new Board takes office in January. Mayor Umstattd stated you can not maintain a small town feel when you continue to expand boarders. There was further Council discussion regarding the JLMA. Ms. Beach cautioned Council against taking action to diminish the current Leesburg Area Management Plan area (LAMP) until vetting the long term results. h. Crosstrail Update Mr. Wells stated the Board of Supervisors is expected to vote on the Crosstrail application on May 15. He stated the County staff report will be finalized next Thursday, which will include Council's recommendation. He stated since the last meeting we have identified the problem in the ability of Peterson Company to connect with Battlefield Parkway which would utilize an easement on airport property, which Council opposes. Further, he stated Peterson Company is working to respond to our comments. Mayor Umstattd stated it is her understanding the Greenway is trying to cooperate with the Town; however, they are concerned that Peterson may challenge them legally if they cooperate with us. Mr. Wells stated to avoid any legal action Peterson should identify a different intersection on their plans to the County to allow for a north/south connection on Hawlings Farm Boulevard. Further, the Town needs to give its assurances that this alignment can be approved. Mayor Umstattd asked if we need to condemn Peterson property to ensure the Greenway can build according to our plans. Ms. Beach stated the Town has no agreement with the Greenway regarding this intersection. She stated there is an agreement between Peterson Company and the Greenway which is subject to approval by the Virginia Department of Transportation (V DOT) and all other appropriate government authorities. There was further Council discussion regarding this intersection. Council Member Hammier asked the status of the issue regarding who will provide water and sewer to the property. Mr. Wells stated he does not have new information. He stated the language in the CPAM approval states that the Town and County have to agree if the service provider is to be someone other than the Town. Town Council Work Session of May 7. 2007 Page 8 Council Member Hammier asked what legal posture the Town would have were the Board to decide that the Loudoun County Sanitation Authority should provide utilities. Ms. Beach stated a decision without the Town's agreement would violate the CPAM and AADP agreement and the next step would be mediation. Council Member Wright stated the issue of the road alignment through the airport property is not a new issue and it has been made clear that the Town would not support this. Council Member Reid stated there is a sight distance issue with moving the intersection of Hawlings Farm Boulevard and Battlefield Parkway to the west; however, the Greenway has no issue with this. Mr. Wells stated the Greenway has indicated this as their preferred access point. He stated the sight distance issue is not unworkable. There was further discussion regarding the sight distance issues with this access point. Mayor Umstattd stated one of our goals is to build Battiefield Parkway and it would seem we can use our condemnation power to ensure the proper alignment and allow the Greenway to proceed with construction without threat of Iitigation by Peterson. Mr. Wells stated the issue is the alignment of Hawlings Farm Boulevard. He stated the Greenway has to work out the access point with Peterson Company and we are not party to that agreement. There was further discussion regarding the alignment and location of the access point between the Peterson property and the Greenway. i. Charter Review Commission Mr. Wells explained this item was placed on the agenda at the request of Council Member Reid stating, staff is looking for Council's input on whether this is a suggestion that should move forward. Council Member Reid stated he would like to see the Town establish a group similar to the trails task force to review a broader charter bill and report back to Council. Further, he stated it would be helpful to see the terms of office for other Town Councils and which Councils operate on a ward representation system. Council Member Burk stated she has no objection to a charter review; however, we do not need a commission as this is the purview of staff. Vice Mayor Horne stated she is not opposed to reviewing the charter; however, she is concerned with the impact on our current staff. She suggested hiring another management intern to work on this project with a citizens group. Town Council Work Session of May 7. 2007 Page 9 Council Member Martinez stated he would like to see a task force established versus a commission. He stated if do ne correctly this could help staff and Council. Council Member Hammier stated we need to look at where this would fit with those citizens that have a particular expertise to support the kind of recommendations and input that we need. Council Member Wright stated one of the best decisions this Council made was to scale back the charter bill that was sent to the General Assembly. He stated it is best to prioritize these changes as a larger charter bill will have a more difficult time passing the General Assembly. Further, he stated he would support the creation of a task force. Mayor Umstattd stated we have a basic document from the attorney's office and in the end Council will have to make the decision on what is important. She suggested using our existing Commissions to advise Council as to what they feel are the important powers in the document Ms. Beach created. Council Member Reid stated this would be an appropriate project for a legal intern and suggested the Attorney's office could send the document to the Boards and Commissions for comment. Ms. Beach stated the bill was created by Municode and compared powers that other Town's had. She stated the document presented to Council had been vetted by the Town Manager and every department in Town. Further, she stated until the Virginia Power and water rate issues are resolved it would be diffjcult to take anything else on; however, she would support having our Boards and Commissions review the document. Ms. Beach recommended that we study the charter for a year and wait till January 2009 to attempt another charter amendment. j. Development of a memorial grove Jay Banks stated the idea of a memorial grove has surfaced in other communities following tragedies such as Oklahoma City, New York City and Washington, DC. Council Member Burk expressed support for this proposal. Vice Mayor Horne suggested not only planting trees in memory of loved ones, but also installing a bench with a plaque, walkways and landscaping. Mr. Banks stated it is also possible for each tree planted to be identified to serve as an arboretum. Council Member Martinez expressed his support for the proposal stating he planted a tree in memory of his father. Council Member Hammier stated this is a wonderful idea that could be expanded into a memorial tree program with the tree bank and sponsorships Town Council Work Session of Mav 7. 2007 Page 10 that could go bevond a grove to projects such as Battiefield Parkway. She stated finding a place should not be a limiting factor as this is an opportunity to memorialize our citizens and build upon a great idea. Council Member Wright thanked Mr. Banks for his efforts and encouraged further research into where the grove would be located and how it could be implemented. Further, he suggested a portion of the Ida Lee property adjacent to the cemetery. Council Member Reid asked in looking for a location that staff consider areas of Town that are in greater need to a tree canopy. k. Status of dog park Kaj Dentier stated staff has made significant progress in negotiations for a dog park on a site owned by Morven Park. He stated County staff has indicated that a special exception may not be required for this passive park with limited facilities. Further, he stated a community input session will be held May 9 at 7:30 p.m. at Ida Lee. Council Member Burk asked how the park will be maintained. Mr. Dentier stated several Town residents have indicated interest in supporting the park through a friends group. She stated Ida Lee staff would be responsible for maintenance such as mowing the grass and removing the trash. Vice Mayor Horne stated she is looking forward to feedback from the citizens. She verified the park would not interfere with the operation of the equine medical center. Council Member Martinez expressed concern that this park would be open to residents of the Town and County; however, the County is not willing to assist us with this. Mr. Dentier stated the County stated they had no interest in working with us on the Oatlands location. He stated requests sent for this location have not been answered. Further, he stated that is a concern of staff as this will be the first public dog park in the County. Council Member Hammier asked the timeline for opening the dog park. Mr. Dentier stated if the dog park is developed on the Morven Park site it could take six to 12-months. Council Member Hammier stated $50,000 was allocated for the Ida Lee site and asked what funding would be required for the Morven park site. Mr. Dentier stated $50,000 would be used for the Morven Park site. He stated the goal is to have the friends group be an active fundraiser. There was further discussion regarding fence types. · Town Council Work Session of Mav 7. 2007 Page 11 Council Member Wright stated one of the benefits of the offsite option is that we would have a larger area with better parking. Mr. Dentier stated this gives us the opportunity to partner with a weil known organization and provide a nicer, larger facility than could be provided at Ida Lee. Vice Mayor Horne asked if the special events area in the front of Ida Lee could be used as a temporary site while the Morven Park site is constructed. Mr. Dentier stated the special events area has traditionally been used as an open space beautification tooi for the neighborhood and the entrance to Ida Lee. He stated dog parks are not pretty as the site has to be regularly rotated to allow the grass to grow back. Vice Mayor Horne stated considering there is a potential 12-month timeframe for opening at the Morven Park site she would support using the special events site at Ida Lee on a temporary basis. Council Member Reid asked if the open space adjacent to the cemetery could be used. Mr. Dentier stated there would be conflicting uses and there is no parking in that area. Council Member Reid asked if the Town has considered acquiring the Morven Park site. Mr. Dentier stated the Town has first right of refusal on that property should it ever be beneficial for Morven Park to seil. Further, he stated it could only be used for passive purposes. I. Utility Rate Advisory Commission Council Member Wright stated one of the concerns had been that this Commission would get their hands in to the day to day management of the Commission. He stated the resolution has been constructed to provide the Commission purview to only review the rate structure. Council Member Burk stated this is a good step forward to look at the whole process and develop a solution to the problem. Vice Mayor Horne expressed support for limiting the purview of the Commission. Mayor Umstattd stated she can not support the creation of this Commission. She stated one of the provisions that worries her is the power on the commission could shift so that the majority of the members could be out-of-Town residents. She stated she would be more comfortable with an appointment process similar to our other Commissions. Council Member Hammier stated this is an advisory Commission and Council would be the only authority with the final decision. Town Council Work Session of May 7. 2007 Paae 12 Mayor Umstattd stated she disagrees with the provision in the resolution indicating that the Town does not currently have an open system. She stated all our decisions are made after public hearings and this seems to be an effort to give out-of- Town residents much more input to the detriment of our in-Town citizens and businesses. Council Member Reid asked if Danville or Stafford were contacted to see how their Commission is working for them. He concurred with the Mayor's comments regarding the structure of the Commission and suggested that Council Members be allowed to appoint out-of-Town residents to the Commission as long as there is no more than two. Further, he expressed concern with the number of Commissions in the Town stating this could be a temporary task force. 3. For information only: Preview Topics for May 21, 2007: a. Photo Red Light Briefing There was no discussion of this item. b. Legislative FOllow-up There was no discussion of this item. c. Non-departmental donation guidelines There was no discussion of this item. d. Report from the Tuscarora Creek Watershed Plan Steering Committee There was no discussion of this item. e. Town Code amendment regarding Conflict of Interest - public hearing There was no discussion of this item. New Business Council Member Burk presented Mayor Umstattd with an award from the Loudoun Democratic Committee. Mayor Umstattd thanked Council Member Burk and stated she could not attend the ceremony as she was judging the oratorical contest at Mount Olive Baptist Church. Adjournment On a motion by Council Member Burk, seconded by Council Member Wright, the meeting adjourned at 10:59 p.m. .,.- I ~~6' ~k of Counci ' 2007 _tcwsminOS07