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have a term date of June 30, 2010, which would not be superseded by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
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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.
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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.
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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
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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
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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.
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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
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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