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.
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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
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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
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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
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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
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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