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HomeMy Public PortalAbout2008_09_22 Council Work Session September 22, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David Butler, Thomas Dunn, II, Katie Sheldon Hammier, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Council Members Absent: None Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Parks and Recreation Rich Williams, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Assistant Director for Parks Bill Ference, Assistant Director for Capital Projects Management Tom Brandon, Plan Review Section Chief Lee Phillips, Senior Engineer Anne Geiger, Planner Chris Murphy, and Management Specialist/Deputy Clerk of Council Debi Parry AGENDA ITEMS 1. Questions on Tuesday Agenda Items Council Meeting of September 23, 2008 a. Public Hearings - Market Square at Potomac Station Vice Mayor Hammier stated she has emailed Officer Chris Tidmore and requested that he review the updated plans for public safety concerns. She asked if the applicant has made any further amendments to the proffers. Chris Murphy stated the proffer statement provided to Council is the most recent copy. b. Contract Awards · Awarding the annual contract for refuse and recycling collection services to Con-Serve Industries, Inc. in the amount of $2,456,648.48 There was no Council discussion. c. Capital Projects · Declaring that a public necessity and use exist authorizing an offer to acquire permanent easements from PIN 272-38- 5124 for the Country Club Estates Drainage Improvement Project, and authorizing condemnation if the offer is not promptly accepted d. Other Matters · Repealing Resolutions 2001-17 and 2004-17 and establishing a Standing Residential Traffic Committee Council Member Dunn stated that he would like to ensure that the terms for the current members will not exceed their current appointment term date of June 30, 2010. Council Member Wright stated the current Committee members have a term date of June 30, 2010, which would not be superseded by Town Council Work Session of September 22, 2008 Page 2 this action. He stated the intent is that each Council Member adopt a member of the Committee and new appointments can be made on July 1, 2010. Council Member Reid verified that was his intent. He stated he would support any language necessary to clarify this. Council Member Dunn expressed concern that Section 6 and Section 10 of the resolution conflict regarding the term of the existing members. He stated Section 6 reads that the term for each Committee member will correspond with the term of the Council Member who nominates them. After further discussion it was the consensus of Council to ask staff to look at the language in the proposed resolution to ensure this action would not supersede the resolution appointing current members to a term expiring June 30, 2010. Council Member Martinez asked what is Council trying to accomplish by making these changes. He stated the charter for the Committee needs to be simplified or clearly spelled out in the resolution. He expressed concern with the quadrant structure of the committee saying he would like the process to be the same across all boards and commissions. Council Member Butler stated the intent of the change was to keep the group's charter the same, but to simplify the appointment process by having each Council Member nominate one member to the Committee, as is done with other commissions. He stated Council Member Martinez could offer to strike Section 4 from the resolution which discusses representation from each quadrant. Council Member Reid stated that amendment was not discussed by the SRTC. He stated it is very helpful to have quadrant representatives on the Committee to understand the nuances of various neighborhoods. Further, he suggested keeping the resolution as is. Council Member Martinez stated that logic could be applied to almost all of our commissions. Council Member Reid stated there is no change in the function of the Committee from what was adopted in 2001. He stated this change focuses on the appointment process. Further, he stated he would think the SRTC would be concerned by not having all four quadrants represented because this is dealing with neighborhood traffic issues. . Proposing amendments to and authorizing the Town Attorney to advertise a public hearing to amend the Town Charter There was no discussion of this item. 2. Work Session Items for Discussion Town Council Work Session of September 22, 2008 Page 3 a. Wage Drivel Anne Street Update Tom Brandon stated since the last update staff has met with the citizens to review the current plans for the storm drainage improvement project. He stated the citizens had no objections to the proposed schedule; however, there was quite a bit of discussion regarding the Dominion power line plans. Mayor Umstattd asked Mr. Brandon to provide Council with an update of the power line plans. Mr. Brandon outlined the preliminary alignment of the power lines and stated Dominion Virginia Power has purchased a home at the end of the cul- de-sac on Wage Drive for the placement of a pole. Further, he stated Capital Projects staff are working to address the comments received from other departments on the Wage Drive and Anne Street drainage project. He stated the next version of plans should be received in the next couple of weeks. He stated the largest easement needed for the project is from the Baptist Church and they are being very cooperative with staff. Further, he stated VDOT has received the plans for this project and staff is currently coordinating with the utility companies on relocation plans. Council Member Wright verified the comments received from the other departments will only require minor tweaks to the plans. Further, he asked if staff has had any correspondence with the school system as it seems much of the water is coming from the school property. Mr. Brandon stated the only correspondence staff has had with the school has been to inform them of the project. He stated the Town has not asked them to address any problems that may be contributing to this issue. Council Member Wright stated staff should continue moving forward with the project; however, it may be appropriate for Councilor the Town Manager to contact the school system to determine why they are not managing their runoff. Mr. Wells stated he would be happy to follow-up on that issue, as it may be advisable to get the school administration's participation now that staff has a scope of work for the project. Council Member Reid stated if the residents are comfortable, then he is fine. He stated there are several drainage projects that may not be feasible, but we are putting study money into them and they are bogging down the CIP. He stated staff has a lot on their plate and he hopes Council will look at these projects with a cold eye when the CIP is reviewed in the spring. Further, he stated he hopes staff will stick to this construction schedule and that the project will be completed by next fall. b. Update on Morven Park Road Sidewalks Tom Brandon stated Morven Park Road between West Market Street and Old Waterford Road is less than one-half mile long and has no consistency as to the location of sidewalks or parking along the road. He stated the residents have asked Council to provide a continuous sidewalk along the street. He outlined several of the complications with the site Town Council Work Session of September 22, 2008 Page 4 including the walls along the southern part of the road, Utilities located both above and underground and existing houses located close to the road. Further, he stated there is also the issue of whether or not to upgrade the drainage system as part of this project. Mayor Umstattd verified construction of the project would exceed $1 million. Council Member Dunn stated he has spoken with several citizens and there are mixed opinions on the improvements. He asked if it is possible to put a sidewalk on the west side of the road since that is where the majority of the sidewalk is located now. Mr. Brandon stated the majority of the existing sidewalk is located on the west side; however, more study is needed to determine the impact on both sides of the street. He stated there is street parking available now as residents can park on the shoulders which can have an impact on the placement of the sidewalk. Council Member Dunn stated the Town should hold its self to the same standards we would require from a developer. Further, he asked if ADA requirements would dictate that the existing sidewalks have to be widened. Mr. Brandon stated VDOT requires five-foot wide sidewalks. He stated ADA allows for narrower sidewalks as long as there are turnarounds at certain intervals. Council Member Dunn asked for an estimate of the cost to install curb, gutter and sidewalk on the west side of the street. Mr. Brandon stated drainage improvements will increase the cost of the project and staff will have to determine if there is adequate outfall for the drainage. Vice Mayor Hammier thanked staff for the update. She stated she does not recall any citizens coming forward during the Petitioners Section to request this project and asked that Council be provided with the list of the residents who have made the request. She stated ultimately she will be looking at the overall priorities relative to capital projects, the greatest benefit and some of the key things Council is trying to achieve in a prioritized manner, such as connectivity for residents in the southern portion of Town. Further, she stated in the case of this street we need to ascertain if there is a significant traffic issue as it relates to safety concerns before Council can determine if we are in the position to potentially add another project to the CIP. Council Member Wright thanked staff for their report. He stated an email was sent to Council in August with a petition for this project attached. He concurred with Council Member Dunn's comments regarding placing the sidewalk on the west side of the street as that is where the majority of the existing sidewalk is located. He asked where the parking is located on the street. Town Council Work Session of September 22, 2008 Page 5 Mr. Brandon stated when he visited the location last week there were several people parked near Heritage Hall. Further, he outlined the various parking locations along the road stating where there is no sidewalk people are able to park on the shoulder. Council Member Wright stated he would not want to redo the sidewalks recently installed by the School Board and there may be opportunities to add driveway skirts that could be used as turnaround areas. Further, he stated it is unfortunate that there is not an easy answer; however, it is going to have to be refined as a project and wait its turn. Council Member Butler stated it appears it may be more economical to place the sidewalk along the west side of the street; however, he would like staff to look into the cost of placing the sidewalk on the east side to confirm this assumption. Further, he requested an estimate for widening the sidewalk to five feet along the entire street. Council Member Reid thanked Council Member Wright for meeting with the residents on the Wage Drive issue. He verified some trees would need to be removed as part of these improvements. He asked how long ago staff received the citizen petition for the sidewalk and if there was a meeting with the residents. Mr. Wells stated the petition was received in August and staff is waiting to complete their preliminary analysis and determine a potential cost before meeting with the residents so as not to create a false expectation. He stated it may be beneficial for Council to have more info and to consider this project with the balance of the CIP. Council Member Reid stated there are residents who have come to the Standing Residential Traffic Committee regarding sidewalks on Plaza Street. He stated there is also a need for sidewalks on Edwards Ferry Road and Old Waterford Road. Mr. Wells stated in speaking with one of the residents who sent the petition, the expectation was that this would be a simple project to add a sidewalk; however, the work staff has done indicates there may be more to it than simply connecting sidewalks. Council Member Reid stated this is what we are in business to do and just like with the Lowenbach project, we are compelled to step up to the plate and come up with the money. He stated he would endorse Council Member Wright's comments regarding a four foot sidewalk on the west side with curb and gutter and turnarounds. He stated the sooner we talk to the neighbors and let them know what the reality is, the better we'll be. Further, he stated the older neighborhoods are where these projects are needed. Mayor Umstattd asked if Council would like to direct staff to send a letter to the community at this time. Vice Mayor Hammier asked if staff has conducted any preliminary studies of traffic impacts. She stated she does not support the premise that Council should step in and build sidewalks just because there are none. Town Council Work Session of September 22, 2008 Page 6 Further, she stated Plaza Street is one of the more congested streets and if the Town is going to get a sidewalk built in the normal CIP budget at some point we are going to have to prioritize these projects. Mr. Brandon stated there have been no studies on this area. Council Member Wright stated it is appropriate to respond and suggested sending a letter to the citizens stating the project requires further review during the upcoming budget process to avoid setting false hopes. Council Member Dunn stated it is appropriate to inform the residents of Council's discussion tonight and give them the opportunity to provide feedback. He concurred with Council Member Reid's comments stating this is the business we're in. He stated there are needs that we see every day and the path along Edwards Ferry Road is getting worn from people walking to the Sheetz, McDonalds and to work. Further, he stated there are a lot of requests for sidewalks and we need to prioritize them; however there are some problems we don't need to hear from the citizens because we can see them. Council Member Reid concurred with Council Member Dunn's comments stating he was not suggesting that the project be immediately added to the CIP, rather he was suggesting holding a community meeting to inform the residents of the reality of the project. c. Izaak Walton Park Dog Park Bill Ference stated staff has identified an area of approximately three quarters of an acre for a dog park at Izaak Walton Park. He stated staff has $17,000 in proffered funds allocated for this project and will identify other sources of funding if necessary. He stated the park will be open from dawn till dusk and will be maintained by Parks and Recreation staff. He stated a basic park could be opened in December; however, the grass would not be installed until spring. He stated the maintenance costs could be covered in the current Parks and Recreation operating budget by reallocating existing funds. Further, he stated the projected cost for the project is $25,700. Council Member Dunn asked why staff would use grass rather than a surface that would not have to be replaced as regularly. Mr. Ference stated grass is the preferred surface for most dog parks. He stated if the grass becomes a problem then staff could go one step back, which would be gravel. Council Member Dunn asked what projects would be eliminated to cover the maintenance costs. Mr. Ference stated funds would be removed from projects done in the normal recourse of business, such as batting cages at Freedom Park or a stone bridge at Ida Lee. He stated current staff would be redirected to maintain the dog park, and this would add more work for them. Council Member Dunn verified the estimated annual maintenance costs are $12,000 to $13,000. Further, he suggested approaching the owners of Town Council Work Session of September 22, 2008 Page 7 the park to consider subleasing a portion of the park to the Friends Group for the dog park. Mr. Wells stated that request was not made. He stated staff did inquire about the dog park use and the owners have approved our request. Council Member Dunn asked about the possibility of placing a sign at the park indicating that it could be used as an off leash area. Mr. Ference stated that would not be compatible with existing uses at the park. Vice Mayor Hammier thanked staff for their efforts to find a location for the dog park. She stated this plan will provide an increase in return on the property. She expressed her support and the support of the Parks and Recreation Commission for this plan. She stated she has spoken with members of the Friends Group regarding efforts to get them organized and they are waiting for Council's endorsement of this plan before moving forward. Further, she stated she would support allowing non-profit direct support as well as the local business community who may want to advertise at the dog park as a way of fundraising. Council Member Martinez asked if the park site would be rotated. Mr. Ference stated the site identified is only three-quarters of an acre, however, once the fence is up staff will know if there is room to shift the park from time to time. Council Member Martinez stated he was initially unsure about this project considering tax and revenue projections; however, the Town provides many amenities for our citizens and this is just a natural addition. Further, he expressed his support for this proposal. Council Member Wright asked the status of the Izaak Walton Park lease. Mr. Wells stated there has been no change in the lease. Council Member Wright stated since this parcel is leased and not owned, the Town has no equity in it and it is not an asset; however it is a resource from a public recreation aspect. He stated we have $17,000 in proffer funds left over; however, the estimated cost of the project is $25,700 and asked if it is staff's intent to stay around the $17,000 cost area and seek additional funds if needed or does staff intend to spend $25,700. Mr. Ference stated the $17,000 will cover the cost of clearing the area and erecting the fence. He stated the addition funding will cover other options such as benches and signs. Mr. Wells stated the final numbers in the CIP allocated an additional $7,000 in general fund cash for a project total of $25,000. He stated staff will work to keep the cost around $22,000. Further, he stated we are also looking for the Friends group to bring in donations to offset a portion of the cost. Town Council Work Session of September 22, 2008 Paqe 8 Council Member Wright expressed concern with spending more than the $17,000 proffered. He asked that the resolution state that any balance above $17,000 be provided by the Friends Group or other in kind donations. Further, he asked if the proposed location is within the stream corridor buffer area. Mr. Ference stated the site is close to the buffer area; however, the topography of the site slopes away from the stream. Council Member Butler stated he fully supports moving forward with approval of the project tomorrow night considering the number of dog owners in the Town. He stated he feels this is reasonable amount on a per resident basis. Council Member Reid asked if it will be necessary to spray the area for fleas and ticks. Mr. Ference stated the Town's parks are not sprayed; however, if it is necessary it will be only a minor cost. Council Member Reid asked if it would be better to place the off-leash area closer to the park's entrance. Mr. Ference stated that area is smaller and directly adjacent to the stream and staff would prefer not to use that location. Council Member Reid suggested adding a stipulation to the resolution that the Town will seek to rent this area out to various dog interest groups to offset costs. Further, he suggested a stipulation also be added that the park will not open until the Friends group has achieved their non-profit status and shown a level of commitment to fundraising for the maintenance costs. Mayor Umstattd asked the number and size of trees that will have to be removed. Mr. Ference stated approximately 10 7-10 inch round trees will need to be removed allow with a lot of undergrowth. He stated 4-5 very large trees will be saved. Mayor Umstattd stated her major concern is the trees and asked if there is any way to save more of them. Mr. Ference stated he will try to save as many as possible. He stated there will not be many significant trees removed. Mayor Umstattd stated she would prefer to stick to the $17,000 price, but staff has found a good compromise. Council Member Dunn asked if this is going to be the dog park, or a temporary park. Town Council Work Session of September 22, 2008 Page 9 Mr. Ference stated that has not been decided, but as of right now this would be our dog park. Council Member Dunn stated he would be concerned with funding this project and then constructing another dog park at Veteran's Park. Further, he asked why it is taking so long for the Friends Group to receive their non-profit status. Dale Goodson, Dog Park Friends Group, stated the Friends group has applied for their 501 C 3 status and are currently working through the IRS process. He stated the off leash area use will increase the utility of the park as this is a cost effective recreation item with a lot of benefit for the Town. He stated a number of private individuals and local businesses are ready to commit their support for the park. Further, he stated he does not anticipate there being any real maintenance costs to the Town. d. Parks and Recreation Accreditation Submittal Rich Williams provided a brief overview of the Parks and Recreation Department's plan to pursue national accreditation through the National Recreation and Parks Association. He stated the total cost for the process is estimated to be $8,000 over the next three fiscal years which would be covered in the departments existing budget. Further, he outlined the benefits of accreditation and stated the Parks and Recreation Commission has endorsed staff's plan to proceed. Vice Mayor Hammier asked about the staffing impacts of this process. Mr. Williams stated it will take a substantial amount of staff time, but will be worked into the regular schedule. He stated the work would be divided among a team and staff is looking forward to the challenge. Vice Mayor Hammier stated there are benefits to documenting the processes we have that made us successful and the Town is proud of what we have accomplished. She stated we have a great parks and recreation staff; however, there would be huge opportunity costs in jumping in to this kind of lengthy process. Council Member Wright stated there are advantages in stopping to understand our processes, document and finding ways to refine and improve, which would be a benefit to this process. Mr. Williams stated this process would not only improve the processes at the Parks and Recreation Department, rather, there are other standards that involve other departments and would help them to identify their strengths and weaknesses as well. Council Member Wright stated the accreditation could also help in the approval process for grants. He stated there are some tangible dollar and process benefits from spending $8,000 over a three year period. Further, he stated the Police Department and Utilities Department have also gone through an accreditation process. Town Council Work Session of September 22, 2008 Page 10 Mr. Wells stated the key point is in working with the Police, Utilities and Parks and Recreation Departments we have seen a standardization and formalization of what we have done that has not been written down. He stated this provides the opportunity to see how we do business, evaluate best practices and trade ideas and information. Further, he stated he has already seen benefits in the Police and Utilities Departments. Council Member Butler stated he would support a level of continuous assessment and improvement for all departments, but would like to see more validation of the benefits of accreditation. He asked if it is true that the department would be more likely to receive grants if it is accredited. He expressed concern that aspects of the accreditation process may not provide a benefit to the Town and suggested that the department provide a self assessment without necessarily becoming accredited. Council Member Reid concurred with Council Member Butler's comments. He asked if the Town of Herndon or City of Alexandria have received more grant money because they are accredited. Mr. Williams stated he would be happy to check with Herndon and Alexandria. Council Member Reid stated he is concerned about the funds and tangible benefits. He stated the Parks and Recreation staff already do a fantastic job and our level of customer service and quality are unbelievable for a town of such limited resources and size. Kaj Dentler stated from speaking with a number of colleagues who serve on grant review panels and from serving on the Gold Medal Award panel he can confirm that accreditation does earn extra points. He stated it may not show up on a scale, but it is brought up during the subjective discussions. He stated the process validates everything we say that we do. He stated the process also looks into the risk management, finance, human resources, planning and other areas to make sure there is documentation of processes. He stated one reason the Town of Herndon decided to seek accreditation is because their Parks and Recreation Director became the Town Manager and he wanted to document how the department was run. Further, he stated this process provides a great opportunity for a small investment. Council Member Dunn stated you will not win a grant because you are accredited, unless the grant specifically requires that you be accredited. However, he stated there are discussions in the event of a tie and while they cannot say that you received the grant based on your accreditation, it can happen. He stated he is hesitant about activities that end up being resume builders. Vice Mayor Hammier echoed Council Member Butler's comments. Mr. Wells stated if we are in a situation where we are trying to get corporate donations for a project such as the dog park; the fact that we are an accredited agency would have a positive effect. He stated if a corporation is going to attach their name with something they want a department where Town Council Work Session of September 22, 2008 Page 11 the name means quality and the more we can demonstrate that for the cost of $8,000 over a three year period the more potential we have to get back. Mayor Umstattd stated she is undecided. She stated she appreciates the Parks and Recreation staff's competitive spirit and desire to be at the top. She verified the accreditation would need to be reviewed every five years. She stated she would support the expenditure if there was evidence that organizations are reaping benefits from being accredited. She stated the department wants to have a top notch organization, but you do already whether you are accredited or not. Council Member Dunn asked if there would be an increase in expense from staff working on this project. Mr. Williams stated the work would be done within the normal work day. Council Member Martinez reminded Council that the Parks and Recreation Commission was unanimous in their endorsement of this plan. e. Adopting the Leesburg Public Art Guidelines Pam Butler, Commission on Public Art Vice Chair, provided a brief history of the Commission and the process to develop the public art guidelines. She stated since their last presentation the scope has been narrowed and the guidelines have been reviewed by the Town Attorney, directors and citizens. She stated the guidelines are now ready for Council approval and will only be applicable to Town property. Council Member Dunn asked if there is any other Commission we have that has as much review authority in reviewing the Town Plan, Business Development Strategy, Transportation Plan, Parks and Recreation Master Plan, Urban Forestry Management Plan and Public Art Master Plan. Council Member Wright stated the intent here is for the Commission to look through the documents to identify opportunities for public art, not to amend the documents. Council Member Dunn verified a Design Panel would only be assembled when required and suggested amending the minimum number of panel members from seven to three. Judy Craun, Commission Public Art Chairperson, stated the intent was that the Commission would attempt to contact a minimum of seven people from different art disciplines; rather than a minimum of seven panel members. Ms. Butler stated the Commission would not have an issue with an amendment to that number. Council Member Dunn the list of definitions states "The Mayor or his/her designee" and if the intent is to have the Vice Mayor as the designee then that should be clearly stated. Town Council Work Session of September 22, 2008 Page 12 Council Member Butler stated the Mayor is not mentioned anywhere in the guidelines, so the definition serves no purpose and suggested removing the definition. Council Member Dunn stated the guidelines mention Town insurance coverage for the art and asked the cost impact. Anne Geiger stated the Director of Finance has indicated that the majority of the art will not affect our insurance premiums; however, there could be an increase if we had a very expensive piece of art donated to the Town. Vice Mayor Hammier thanked the Commission for their efforts. She stated the greatest benefit of these guidelines is the opportunity to be open for funds outside the Town to beautify the Town. She asked that items such as maintenance costs be reflected in the grant funds received for projects brought forward for approval. Further, she stated art is so personal that she would hope the process would not inhibit artistic expression. Council Member Wright thanked the Commission for their work. He also thanked Mr. Wells for appointing a commission liaison from the Capital Projects Department as it eased the process of reviewing the CIP to identify potential art opportunities. Further, he stated he has appreciated working with the Commission to bring the guidelines forward. Council Member Butler stated the guidelines are fine; however, they seem a bit overly complex for the Town since we are in the very beginning of the process. He stated now that the Commission has been in place for over two years the next step is to move forward and get art in the Town. He stated this can be done by working through the CIP and also as an advisory body to meet with developers and offer services to advise on art. Further, he suggested holding seminars or forums to provide outreach to the public about public art and asked that the Commission provide regular progress reports to Council. Council Member Reid asked if murals are considered public art. Ms. Butler stated murals are public art; however, under the scope of the guidelines the mural would have to be on a Town owned building. Council Member Reid asked if a mural on a private building would be allowed. Mayor Umstattd stated the guidelines do not address public property. Council Member Reid verified public art on private property would not be affected. He stated he met with Tom Brandon and Renee LaFollette about the number of CIP projects they are handling and expressed concern that this would add another layer in the process for projects such as bridges. Ms. Geiger stated the Commission will only be looking to identify potential opportunities for public art, stating one potential project is the Town Council Work Session of September 22, 2008 Page 13 pedestrian bridge for the South King Street Trail extension. Council Member Reid expressed concern with the potential that an art panel would be convened to review recommended art. Council Member Wright clarified that the art panel would not have to be convened for every project. Ms. Geiger stated Council will review and approval the final construction contract at which time staff will identify the cost, if any for the art aspects. Council Member Reid asked why Council would approve the art on a case by case basis. Mayor Umstattd stated the review would prevent anything that could be considered obscene. Council Member Reid expressed concern that there may be political debates regarding what is considered obscene. He stated he would expect staff to know what is obscene. Mayor Umstattd stated Council crafts the ordinances that prohibit obscenity in the Town. Ms. Craun stated that would also be the role of the review panel. Council Member Reid stated he is concerned with the layer or review and potential for cost. He stated Council may have to take projects out of the CIP as Capital Projects staff are overworked and urged Council to look at this closely. Further, he thanked the Commission for their efforts. Council Member Wright stated one of the items he pushed for was for Council to have discretion over what art is or is not purchased. He stated if citizens are going to raise concerns, he would rather it be for a decision made by Council rather than a decision made behind the scenes. Council Member Reid stated what is nice about the Board of Architectural Review guidelines is that there is the opportunity for citizens to appeal a decision to Council. Council Member Dunn stated it is great that we add an artistic flare to everything we do, but unless only private funds are used there is no way to get additional items for a project for the same cost. Further, he asked when the Commission will review the CIP. Ms. Butler stated the Commission is reviewing the existing CIP. Ms. Geiger stated the Commission is only reviewing the CIP to identify potential locations for public art. She stated one level is to identify where to place art and the other is to incorporate art where we can on a case by case basis. Further, she stated the intent is to seek grants or other funding opportunities. Town Council Work Session of September 22, 2008 Page 14 After further discussion it was the consensus of Council to consider the guidelines for approval tomorrow night. f. Zoning Ordinance Update Brian Boucher stated there are several zoning ordinance amendments that staff is working on. He stated the B-1 height amendment will be presented to the Planning Commission at their October 16 meeting. He stated the Old and Historic Guidelines will be presented to Council in January. He stated the Form Based Code is on its third draft and staff is reviewing the models. Further, he stated there will be 20 amendments incorporated into batch four which will be presented to the Planning Commission in early November and will be before Council in December. Further, he stated there have been a lot of self assessments done in the department regarding internal processes to make it easier for the new Zoning Administrator to stick to purely zoning issues. Council Member Dunn asked if the consideration about the H-2 would be incorporated in the next batch of zoning ordinance amendments. Mr. Boucher stated it is not in this batch; however, Susan Berry Hill will provide more information on that topic. Vice Mayor Hammier thanked Mr. Boucher for the update and for amending the item discussed about KSI. Council Member Martinez congratulated Mr. Boucher on his new position. Council Member Wright asked if the Town can send a memo to the County requesting that they stop telling people that we do not have an excessive occupancy ordinance. Ms. Irby stated she did some research on the County's claim that the Town should pay to have bUilding maintenance inspections done. She stated with excessive occupancy alone all the Town can do is inquire if all occupants are related. She stated under the State Code if there are too many people residing in a dwelling it is a building code issue and has to be enforced by the County and they cannot charge the Town for that. She stated she is prohibited from prosecuting building maintenance violations so she is sending a letter to the County informing them that we want them to handle the building code issues per the State Code section. Council Member Reid verified the advertisement for the batch four Zoning Ordinance amendments will be published in October. He asked if the H-2 amendments could be incorporated into that batch of amendments or is it best to be on a separate track. Mr. Boucher stated it depends on what Council wants to do. He stated because the H-2 amendment might need more discussion it should be put on its own track. Council Member Reid stated there are several options that we can do under the H-2 and Council may have some additional ideas during the next Town Council Work Session of September 22, 2008 Page 15 discussion. He asked when is the earliest that Council can see the draft Form Based Code as it is given to the Planning Commission. Mr. Boucher stated he does not have a date at this time. He stated staff is taking a serious look at it and want it to be vetted by the Steering Committee before it goes to Council. Council Member Reid stated it should be discussed with the property owners too. He asked if the Town has authority to institute the Form Based Code Town-wide, or does it have to be done by districts. Mr. Boucher stated the code will be implemented in portions of the B-2 and the Crescent District is being used as the model. Council Member Reid verified if it were Council's desire the code could be implemented in the B-2 Town-wide. g. H-2 Corridor Overlay Regulation Discussion Susan Berry Hill stated staff is currently looking at the H-2 Corridor Overlay in the context of the Form Based Code to see if it may be superseded. She stated the consultant is currently working on test sites to apply the draft ordinance to see how it is working and staff is expecting results in November which will be taken to the Steering Committee. Further, she stated after those discussions staff will be able to determine if the H-2 can be addressed in the Form Based Code or if we will need a separate initiative. Council Member Dunn stated he would like us to get these issues in the current batch as to delay any longer only prolongs the current situation. He stated the Form Based Code is going to happen either way, but that doesn't take us away from our situation in the H-2. He stated his concern is that the H-2 review process is with the BAR; however, the BAR has more than enough to handle in salvaging the Historic District and the H-2 is outside the purview of what the BAR was established for. He asked that Council and staff look at how to cut back on the H-2, remove it from the BAR and get it in the current batch of Zoning Ordinance amendments. Vice Mayor Hammier stated she is a huge champion of the Form Based Code and was a proponent of moving forward on the process. She stated she does not want any discussion of the H-2 to derail what is a huge accomplishment of this Council relative to what we are trying to achieve in the Crescent District and extending the beauty of our downtown core that makes us unique as a community. She stated she would support walking around Town and having Council determine what the next innovations in the H-2 should be. She stated she supports the possibility for the Town to reduce regulation and focus what is visible from the street or reduce the time involved in the review of sign applications. Council Member Martinez stated he is also a supporter of the Form Based Code. He stated no zoning or code enforcement is going to save the Historic District without the partnership of the Town, business owners and property owners. He stated his concern with the H-2 District is that to make Town Council Work Session of September 22, 2008 Paqe 16 it work the Town has to have the political will to work with the property owners of our gateways into Town and do something about it. Council Member Wright verified the H-2 Corridor overlay will not apply to the future Tuscarora High School. He stated everyone agrees the H-2 is not the perfect and not the best function and when we met with the BAR they stated we do not want it, but it needs to be replaced with something. He stated the Planning Commission has this on their retreat agenda for discussion and Council has discussed it several times. He stated the only quick fix may be to narrow the overlay so that it only covers the parcels fronting the street. Further, he asked hypothetically, if Council were to remove the H-2 Overlay district, how would the developers who have proffered themselves in be affected. Mr. Boucher stated if they proffered to that district it would still apply. He stated the H-2 Overlay would have to be replaced with something. He stated it was originally in place to control the corporate style buildings in Town. He stated a lot of the problems are with the guidelines themselves. Council Member Wright stated Council Member Reid mentioned that another thing the BAR is reviewing is comprehensive sign packages that are not in the H-2 and asked if that was given to the BAR because we didn't know what to do with it. Mr. Boucher stated the BAR was asked to look at that because a comprehensive sign package allows businesses to do a lot of things that go above our normal sign regulations. Council Member Wright stated there are some things that we need to do, but nothing is going to be a quick fix. He stated possible changes are narrowing the corridor, making the sign review and comprehensive sign review process administrative. Council Member Butler stated he is fine with the staff recommendation that we take no action till the H-1 guideline review and Form Based Code review are finished. Council Member Reid stated the design guidelines for the H-1 have been in the process for two years and the H-2 guidelines may take even longer. He stated he would like to give direction to staff to come back with some options. He stated Vice Mayor Hammer and Council Member Wright laid out the options for administrative approval of signs and narrowing the H-2 boundaries. He stated we need to make a strong statement to the business community that we want to deregulate. Mayor Umstattd stated she would be happy to support a reduction in the depth of the H-2 corridor in certain areas to only include properties fronting certain major roadways. She stated she is skeptical as to whether the H-2 corridor does what it was meant to do. She stated she would support removing this from the BAR's purview without putting the review on the Council. Further, she stated what sparked this for her and Council Member Reid was the issues that faced the daycare center that opened on Davis Avenue a few years ago that had to appear before the BAR for a sign that was Town Council Work Session of September 22, 2008 Page 17 not visible from Route 15. Further, she stated she would like to see this move forward as quickly as possible. Ms. Berry Hill stated staff will look at a range of options for Council to discuss. Council Member Martinez stated he would like staff to do some creative thinking regarding the redevelopment of parcels. Ms. Berry Hill stated the consultant is looking into several test situations. Council Member Butler stated it would be good to know what percent of the cases handled by the BAR are in the H-2 versus the H-1. h. Legislative Update Council Member Reid asked that the Herndon business license tax of lessor's real estate be added to the legislative packet. Vice Mayor Hammier asked that items be added concerning funding for a George Mason University campus and the allocation of VDOT funds. i. Town Code Rewrite Update There was no Council discussion of this item. j. Miscellaneous Updates/lnformation Only There was no Council discussion of this item. 3. Closed Session - Legal Briefings a. Water Rate Case b. O'Connor Property c. Izaak Walton Park On a motion by Council Member Reid, seconded by Council Member Butler, the following motion was proposed: MOTION Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to receive updates on legal matters. The motion was approved by the following vote: Aye: Hammier, Butler, Dunn, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Council convened in closed session at 10:28 p.m. Council reconvened in open session at 11: 13 p.m. On a motion by Mayor Umstattd, seconded by Council Member Wright, the following motion was proposed: Town Council Work Session of September 22, 2008 Page 18 MOTION In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council The motion was approved by the following vote: Aye: Hammier, Butler, Dunn, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 4. For Information Only October 14-15, 2008: a. Authorizing offers to acquire easement for Governor's Drive storm drainage project b. Authorizing offers to acquire easements for Dry MiII/Wagel Anne storm drainage project c. Awarding the Police Public Parking Lot Expansion Construction Contract d. Authorizing a Design Contract Change Order for Battlefield ParkwaYIEdwards Ferry Road to Fort Evans Road e. Authorizing a Design Contract Change Order for the S. King Street Trail, Phase I f. Authorizing Easement Condemnation if Offer is Not Accepted for N. King Street Drainage g. Strategic Planning Update h. FY 2010 Town Budget Overview Adjournment On a motion by Council Member Martinez, seconded by Council Member Dunn, the meeting was adjourned at 11: 13 p.m. 2008_tcwsmin0922