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HomeMy Public PortalAbout2009_tcwsmin0112 Council Work Session January 12, 2009 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: Council Member Dunn arrived at 7:40 p.m. and Council Member Martinez left at 10:00 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Transportation Engineer Calvin Grow, Senior Engineer Anne Geiger, Preservation Planner Annie McDonald, and Management Specialist/Deputy Clerk of Council Debi Parry AGENDA ITEMS 1. Work Session Items for Discussion: a. SRTC Presentation - Liz Whiting Liz Whiting, Standing Residential Traffic Committee (SRTC) Chairman, provided Council with an update of the Committee's discussions regarding Valley View Avenue. She stated at their next meeting the Committee will discuss several options for this area including removing the barricade and limiting a portion of Valley View Avenue, from Stratford Place to Davis Avenue, to northbound traffic only. She stated this would eliminate the cutthrough traffic generated by vehicles traveling southbound, which was the main concern on the citizens. She stated the Committee will reach out to the citizens and bring this item back to a February work session for discussion. Mayor Umstattd asked how the southbound traffic would be prevented. Ms. Whiting stated "Do Not Enter" signs could be posted as you approach the north. She stated other than the resident going in to their driveway at the corner, no one else will travel south even if they live there. Mayor Umstattd expressed concern that residents will ignore the signs and drive through anyway such as the motorists who attempt to cross the Lawson Road Bridge when it is closed. She stated she does not know of any other area in Town where we have done this and it worked. Calvin Grow stated he does not know of any other area in Town where this would work; however, similar actions have worked in the past. He stated is just an option that has been provided to the citizens for their consideration. Ms. Whiting stated we do have instances where traffic has been restricted in one direction; however, you can't keep the crazies out. Council Member Wright verified the area of roadway that would be limited to one way traffic. He expressed concern that this may not solve the problem as it seems there would be more cut through traffic in the evening than in the morning. He asked if the traffic counts could be used through our transportation model to determine if this will address the residents' concerns. Town Council Work Session of January 12. 2009 Page 2 Ms. Whiting stated she does not know how the modeling was done for the subdivision. She stated today there is a lot of traffic using Davis Avenue to Lee and the volume of traffic traveling to Dry Mill Road in the evenings is stunning. Council Member Martinez stated using Dry Mill Road gives the sense that you are at least moving. Ms. Whiting stated the Committee would also like to recommend that Council use existing budget funds to install a lighted pedestrian crosswalk across North King Street at Oakcrest Manor Drive. She stated this location was recommended as a demonstration project because it meets the criteria for responding to residential traffic concerns, is in a location that generates a fair amount of pedestrian traffic, and is in a location with expected volumes of nighttime traffic. Council Member Martinez stated he has seen lighted crosswalks while visiting family in California and would love to have one installed at this intersection. Ms. Whiting stated there is a lot of promise in this proposal and the Committee felt this was a good recommendation to bring forward. She stated the Committee's other recommendation is to complete a pedestrian linkage in Exeter at the clubhouse on Plaza Street and Battlefield Parkway if the HOA is willing to donate the right of way. Mayor Umstattd asked how traffic for the hospital and new high school will be impacted by the lighted crosswalk. Ms. Whiting stated you are going to have those conflicts with the use of King Street anyway because the Bypass is too overcrowded to carry the additional traffic. She stated if it works the way it should it will enhance safety. Council Member Butler verified the lights will only come on when someone is in the crosswalk. Council Member Wright asked if this intersection would provide a higher yield than an intersection at one of the bike trail crossings. Ms. Whiting stated the only bike trail crossing the Committee felt would be appropriate was where the W&OD trail crosses South King Street. She stated these crosswalks cannot be placed where there are signal controlled intersections. Council Member Wright asked if the lighted crosswalk could be installed where the W&OD trail crosses Dry Mill Road or at the other crossing on Catoctin Circle near Loudoun County High School. Mr. Grow stated the Committee felt the crosswalk should be placed where it would get more nighttime use. Ms. Whiting stated Ida Lee Park is a magnet for pedestrian traffic all day long. Town Council Work Session of Januarv 12. 2009 Page 3 Council Member Wright stated it was mentioned that the funding for this would come from this year's budget. He stated he is confused because it was his understanding that all projects for this year were programmed when the budget was approved as opposed to having a general fund for projects. Further, he asked if this funding is from the Fiscal Year 2009 budget or Fiscal Year 2010. Mr. Wells stated in Fiscal Year 2007 $80,000 was budgeted of which $50,000 was expended and $29,000 was carried forward in an encumbrance to Fiscal Year 2008. He stated in Fiscal Year 2008 $80,000 was budgeted for a total of $109,000 and a number of items were purchased with $58,000 carried forward to Fiscal Year 2009. He stated in Fiscal Year 2009 $60,000 was budgeted and added to the $58,000 that was carried over for a total of $118,000 for the current year. He stated Council had indicated an interest in feedback signs and $58,000 was used for that purpose leaving a total of $60,000 unspent. Council Member Wright stated it was his understanding that unspent funds revert to the General Fund at the end of the year unless they are encumbered. Mr. Wells stated he needs to go into more detail to determine how the funds were carried over. He stated only Council can re-appropriate funds from year to year which does not happen automatically and Council has not taken that action. Council Member Wright stated we continue to do mid-year expenditures and he would feel more comfortable if these projects were added to the Fiscal Year 2010 budget to give staff time to prepare staff reports on each item. Ms. Whiting stated the last several years the Committee has come forward with a budget request containing several requests as well as requests for uncommitted funds per quadrant to handle concerns raised during the year. She stated this allows the flexibility to get the staff studies and brings the projects to Council before the funds are expended. Council Member Wright stated over the past three years $60,000 has built up in a bucket that we didn't know about. He stated last year as we tried to set a tax rate $60,000 would have helped us. He stated he does not support saying we are going to spend money in every quadrant; however, he does support having a reserve for items that come up during the year. Further, he stated he wants to make sure we are addressing needs rather than trying to find something to buy. Ms. Whiting stated the quadrant sensitivity is to make sure we are always looking not only for particular projects, but also where we have been spending money as it is critical to address needs in each quadrant to maintain community buy-in. She stated this also challenges the Committee members to think beyond their own neighborhoods and to recognize issues around Town. Mayor Umstattd stated this is beginning to look like we are finding ways to spend money. She stated we have not had a huge community uprising asking Council to open Valley View Avenue. She stated the Committee is looking forward and doing what they need to be doing; however, we are in a terrible budget situation and she is nervous abolJt spending $20,000 here and $60,000 there. She stated at this point she is skeptical about funding anything, Town Council Work Session of January 12. 2009 Page 4 especially in the absence of a neighborhood coming forward with a desperate need. Ms. Whiting stated on Valley View Avenue we are not looking to spend any Town money other than the "Do Not Enter" signs. She stated part of what the Committee is charged to do is to bring Council demonstration projects and there has been a long standing interest in this lighted pedestrian crosswalk. She stated Council is the policy maker; however, the Committee felt this project was in keeping with the philosophy of Council and the committee is tasked with bringing these items forward. Council Member Butler stated in his tenure on the SRTC there were a number of people in that area of Town complaining that it is hard to get across the street and the Committee has struggled to find a good solution without adding more signs. He stated he believes the lighted pedestrian crosswalk is a good demonstration project for the Town. Mayor Umstattd asked how much the project will cost. Ms. Whiting stated the project is estimated at $43,000 including $30,000 for the system itself. Council Member Butler verified a separate system is required for each crosswalk. Council Member Reid stated there was a lot of neighborhood interest for a crosswalk at Plaza Street at Battlefield Parkway. Ms. Whiting stated the intersection of Plaza Street and Battlefield Parkway has been discussed for a regular crosswalk. Council Member Reid stated he also has an interest in a project to place a guardrail on Plaza Street because we have now had a traffic death there that probably could have been avoided. He stated that is an area where there might be more pressing need than a lighted crosswalk. Further, he stated he does support the crosswalk at Plaza Street and Battlefield. Mayor Umstattd asked if Council Member Reid would like that added to the Capital Improvements Program (CIP) or would he recommend using leftover funds. Council Member Reid asked what Mr. Wells would recommend. He stated he would like to have the crosswalk on Plaza Street in Exeter completed before the pool opens. Council Member Martinez stated he agrees with a lot of Council Member Wright's comments stating carrying money forward without Council's knowledge concerns him. He stated he does not want to spend money just to spend it; however, if he supports it if there is a pressing need. Mr. Wells stated the auditors will provide their report for Fiscal Year 2008 at the next Council Work Session. He stated staff will also provide updated information regarding the Fiscal Year 2010 picture including assessment rates. Town Council Work Session of January 12. 2009 Page 5 Further, he recommended that Council discuss these SRTC proposals after hearing the budget presentation. Council Member Martinez asked that an official proposal be provided for the lighted crosswalk and Plaza Street guardrail. Council Member Reid asked if the guardrail issue and what happened with the accident could be discussed tonight since Ms. Whiting is already here. Vice Mayor Hammier stated it seems this should be part of the whole budget discussion as Ms. Whiting's time would have been better served in that context. She stated she also recalls during the Plaza Street crosswalk discussion we discussed the possibility of beginning a bike lane project in terms of putting lines on the street which is among the more strategic oriented things we may want in the mix. She stated she would prefer deferring this discussion until the budget meetings. Council Member Wright concurred with Vice Mayor Hammier's comments. He stated we all see newspaper headlines and stories then react; however, after driving out to the scene and examining other facts he is not sure that the guardrail would have solved the problem. He stated he would rather we take a step back and let the staff and SRTC look at the issue to see if it meets the warrants for a guardrail. Council Member Reid stated he would like to discuss this item since Ms. Whiting is already at the meeting. It was the consensus of the majority of Council to defer this topic. Ms. Whiting stated the Committee has asked for more information and has not taken a position on this item. Vice Mayor Hammier stated we all have the realization that we are waiting for an accident to happen with all of the pedestrians crossing the Route 7/15 Bypass. She stated strategically we need to take a look at all of the issues during the budget. Mr. Wells stated the SRTC will move forward on the Valley View issue to meet with the residents and the other issues regarding the expenditure of funds will be put into the context of the broader budget issue. Council Member Reid stated the guardrail issue was vetted by the SRTC and he would like staff to look at the cost of the guardrail for the next meeting. b. Commission on Public Art Task #1 Expenditure Request Mayor Umstattd stated this request is for $1,500 to be distributed to three artists and then $25,000 for the artist chosen to create a public art piece for the Ida Lee swimming pool. Anne Geiger reminded Council that the appropriation of $25,000 will come to Council for a vote at the appropriate time. She stated the $1,500 is for a customary $500 payment to three artists to produce a miniaturized version of their vision for the project. Town Council Work Session of January 12. 2009 Page 6 Council Member Wright stated the $500 would be provided to a maximum of three finalists. Council Member Butler asked why Council is required to vote on an appropriation of $1,500. Ms. Geiger stated this is the first time the Commission is doing this and they want the process to be transparent. Council Member Dunn asked where the $25,000 is coming from. Ms. Geiger stated the $26,500 is coming from the Ida Lee Symington funds for the pool project. Mayor Umstattd asked if the project would use taxpayer dollars. Mr. Wells stated in the cost of the project ultimately you may have taxpayer dollars involved five years out based on the performance of the bond and pool. Council Member Dunn stated whatever Symington funds we use is money that is not going back into Ida Lee. He stated since the Town is subsidizing Ida Lee by 30 percent anyway, in an essence it is taxpayer dollars. He asked what other efforts have been made to acquire funds for this project. Ms. Geiger stated the Commission has not made any effort to find outside funds for this project because there is money available for this. She stated at this point including everything we can possibly think of with the pool, including the art, the Town still has a $270,000 contingency. Council Member Dunn stated it is his understanding that the Commission is supposed to seek a number of alternate funding sources before coming to the Town. Council Member Wright stated part of their scope is to identify opportunities for public art. He stated the timing of this was such that have to begin the process and identify existing funds within the capital project. He stated in order to put out the RFP they need to provide information on what they are building to. He stated the Commission continues their research for grants and other items to find other funding sources; however, in order to meet the deadline to incorporate public art in this project they need to move forward. Further, he stated this is within the guidelines of what Council discussed in taking money from a capital project for public art. Council Member Reid verified this does not have to be done while the pool is under construction. He asked what type of art the Commission is considering. Ms. Geiger stated the Art Advisory Panel will determine the type of art; however, she stated in essence this would be to do something on the bathhouse wall inside the pool area. Council Member Dunn stated when this process was established a few months ago it was made clear that other funding sources would be sought before coming Town Council Work Session of Januarv 12. 2009 Page 7 to the Town for funds. He stated he was hoping the first request would be the result of a search for other funding. Ms. Geiger stated that was the Commission's hope as well; however, the timing of this project lent itself to this approach. She stated as of July 1 the money goes away so if it is not encumbered there is no more money. Council Member Dunn verified the $270,000 will be used for another project at Ida Lee if it is not fully expended for the pool. Council Member Reid asked if Ms. Geiger has spent a lot of time on this project. Ms. Geiger stated being a Commission liaison is just like having another project to work on. Council Member Reid stated this is one of the reasons he voted against the guidelines. He stated we currently have a budget situation and would like to acquire the triangle, which we have money for. He stated to spend money on this and not spend money on a crosswalk or guardrail would take his breath away. He stated he knows these are two separate issues; however, if we appropriate this money even though it is small it will lead to more staff time, more committee time and $25,000 to put up a mural at the new pool is not an important expenditure right now. He stated he is sure in the next budget we will be asked for the $25,000 from the Symington donation for the coming year even though we we're not necessarily going to do this right away. Council Member Dunn stated it is the intention of the Committee to ask for the entire $26,500 not just the $1,500. Council Member Reid stated he is afraid that if we get started on this project it will lead to the demand for the $25,000 and he is not sure the Commission will get a grant to cover that amount. He stated he would rather put the $26,500 towards purchasing the remaining O'Connor land (triangle). Council Member Dunn stated we just talked about pedestrian safety and that $26,500 could go to more crosswalks to help pedestrians get to Ida Lee in the future. Council Member Martinez stated we should not count on the fact that we will have $270,000 left in the contingency fund. Vice Mayor Hammier stated because of the wonderful donation from Ms. Symington, Council was able to direct three projects including land acquisition, a pool and the tennis courts. She stated the tennis courts are fortunately now making money and we ended up allocating an additional $4 million back to the pool. She stated having just sat through two meetings of the Parks and Recreation Commission where there was discussion of the estimated price to get into the pool, we need to be careful of the message we are sending. She stated any funds left over from the $270,000 could go to offset fees for in-Town residents. Further, she stated an amenity like art would be wonderful to have front and center at Ida Lee where everyone can enjoy it. Town Council Work Session of January 12. 2009 Page 8 Mayor Umstattd asked why the $26,500 will go away at the end of the fiscal year if it is not fully spent. Ms. Geiger stated right now the funding is allocated to the pool; however, whatever is left of the $7 million at the end of the fiscal year would go back to the Symington Fund if it is unused. Mr. Wells stated the capital projec~ should complete by Memorial Day. He stated the $26,500 will not be available to the pool, but will be available in the Symington Fund. He stated Council will not lose control of the money. Mayor Umstattd verified theoretically Council could make the decision in a year to spend funds for this type of project. Council Member Wright stated the idea was to look at these types of opportunities to incorporate within the funding of the capital project. He stated if this art is to be a part of the pool project then we need to execute a purchase order by the conclusion of the pool project. Mr. Wells stated there were a lot of ideas regarding the type of art that could be done and some of those ideas would have needed to be done during construction of the project. He stated it was those ideas that drove this timing more so than the funding portion of it. He stated Council will not lose the money and can use it at anytime they wish. Vice Mayor Hammier asked if the funds could be reallocated to benefit the fee structure. Mr. Wells stated the fee structure will have an impact on the bottom line number for the local tax funding requirement five years out. He stated as you change the fee structure you change the pro forma which can have a positive or negative impact on the revenue package. Council Member Dunn stated he still had hoped that the first project would be funded by outside sources. He stated now instead of saving money we are looking for ways to spend money and that is not what he would like to see Council do. Council Member Wright stated if we continue to look for grant funding and not find grant funding we will also continue to build and complete capital projects. He stated one of the reasons that the Commission decided not to do an art project with the sidewalks is because the sidewalks were going to be poured before this happened. He stated if art is something we want to incorporate into our capital projects or our community then we have to do it. If it is not something that we want to incorporate then we need to have a follow up discussion of whether we need to be wasting people's time. Council Member Butler concurred with Council Member Wright's comments. He stated we have a $7 million pool and if we're not willing to put $26,500 in there to make it more attractive, that says a lot about the Town. He stated we might as well disband the Public Art Committee because we are not going to fund anything. He stated no matter what we ever fund with art we can always say we should put it towards other projects, but if we want to do art then we Town Council Work Session of January 12. 2009 Page 9 need to find a way to do it. Further, he stated 0.3 percent of $7 million is a small amount that we can put towards this so we can take a little bit of extra pride in the Town. Council Member Dunn stated 0.3 percent of every project is a lot of money. He stated we established the guidelines and the Art Commission said they would seek all other sources and then come back to the Town. Vice Mayor Hammier stated she hopes that her comments do not suggest that she does not support public art. She stated personally she thinks Ida Lee is one of the most beautiful places in Town. She stated she tends to want to gear the focus to beautification and art in certain parts of Town that could benefit from it by raising morale and improving public safety. She stated this is an expensive capital project and we are sending a strong message to citizens who will not even be able to afford to go to the pool. Council Member Wright stated the point he was trying to make as Council's liaison to the Commission is to voice those concerns. He stated if there are not four votes to carry this process forward then he does not know what to go back and tell the Commission to work on. He stated to move forward with finding grants they are going to have to say what the Town wants and he doesn't know that he can answer that question. He stated one of the things we talked to them about was identifying opportunities in capital projects and if that is not what we want, then we need to figure out what we want them to work on. Council Member Reid stated he agrees with Council Member Wright. He stated he has been a skeptic of this and he is concerned about the staff time involved. He stated if the Commission could apply for $25,000 in grant funding to pay for the mural then he would be much happier. Council Member Butler stated it takes a lot of time to apply for grants and you mayor may not get one every once in a while. He stated you will end up with a Commission that will not want to do this because they do not want to spend all of their time writing grants. He stated if the fees for the pool are too high it will not be because of $25,000 in art, it will be because we needed an extra $4 million for a regional water park with an extra lap pool and not the community pool for areas around Town who do not have community pool as was the original intent. He stated he hopes that in the future when we plan a capital project we will plan the art in at the beginning so we do not have to go through this again. Council Member Martinez stated Council can request proffer funding for public art from developers. He stated he is just as serious as anybody about keeping taxes low; however, this Town is not just one facet. He stated our citizens have a lot of needs such as a dog park, ball fields and pools and fortunately we have a large number of proponents for art. He stated with the Ida Lee project we have the opportunity to affect something that will be good and not impact the construction of the project. Mayor Umstattd stated Council Members Wright, Butler and Martinez have raised good points. She stated when we are looking at $26,500 that is a small portion of the project cost; however, when we charge $7.00 per child that would cover the cost of 4,000 child visits. She stated she is skeptical about using this money for art but agrees that if we are going to have a Public Arts Commission Town Council Work Session of January 12. 2009 Paqe 10 that is looking for projects it seems a shame from their standpoint that they are doing this for nothing. Council Member Martinez stated he would agree with the Mayor if we were only talking about a year. He stated the pool will be open for 20 to 30 years and if you amortize that over life to the bill it doesn't really come back. He stated he agrees that we need to find a way to allow the children to use the pool at least one day a week even if they cannot afford it. c. Overview of Proposed H-1 Guidelines Annie McDonald stated the current H-1 Guidelines are too vague and result in inconsistency in decision making and outlined the proposed H-1 Guidelines. She stated the new guidelines are clearly organized and well laid out. She stated process information will be removed from the document and placed in a procedures manual to ensure the information is kept up to date. Vice Mayor Hammier stated Ms. Irby had raised some questions as to the legality of some of the edits in the proposed guidelines and asked that she ensure that those edits have been incorporated in the proposed document. Ms. McDonald stated the Planning Commission held a public hearing on December 4 and approved the guidelines that same night. She stated their motion to approve included two modifications and outline of the amendments. Council Member Wright stated page 6 mentions that the BAR can request a meeting with a property owner if their building is falling to disrepair. Ms. McDonald stated the authority is in the Zoning Ordinance. Council Member Wright stated he likes the change to the neighborhood map to remove the boundaries. He stated it is his understanding that when the BAR looks at a project they look at its relationship to the overall district, whether it is appropriate for the overall district and how it relates to its surroundings. He expressed concern that the Town is not looking at how projects relate to the overall district and surroundings, rather we seem to look at how it relates to the block and in some cases the block is changed and isn't right to begin with. Vice Mayor Hammier stated Ms. Irby had found at least a half dozen places where that language had to be amended and asked if she had edited the language. Ms. Irby stated she has not edited the language at this point. She stated she has shared her concerns with staff; however, this is a philosophical discussion that may come down to a policy decision by Council. Vice Mayor Hammier stated she strongly supports looking at the context of the neighborhood as a whole. She stated we need to look at what the exact language is in specific places. Further, she stated we need to support the vision of the Downtown as a living, breathing, evolving important district and not just a museum. Council Member Wright stated in his opinion you need to look at both the overall district and how a project relates to its surroundings. Town Council Work Session of January 12. 2009 Page 11 Ms. McDonald stated there are degrees of relationship. She stated the relationship of a project to its surroundings radiates out. She stated the Downtown Improvement Association has stated every building is the center of its own neighborhood. She stated the degrees of relationship are first to the buildings immediately around it and as relating to what is immediately around it the building does relate to the district as a whole. Council Member Wright stated in this relationship we still need to preserve what we have lost. He asked how the proposed guidelines would relate to the reconstruction of the Leesburg Inn or Opera House. Ms. McDonald stated both the existing and proposed guidelines would support the reconstruction of those structures. She stated an example would be the Photoworks building which is one of the tallest structures in Town. Council Member Wright stated Planning Commission Chairman Kalreiss mentioned areas where the guidelines opine on how to do things like stucco and his concern is that we've given generic information that maybe just enough for an individual to feel they could do it themselves and possibly harm themselves or the structure. He asked if those places had been amended. Ms. McDonald stated that concern was not memorialized in the motion. She stated one of his main concerns was that the document makes recommendations in these areas, but not requirements. She stated those sections were not amended. Council Member Wright stated if we are opining on something that we do not have to opine on then we should remove it. He stated we should consider whether we are doing help or harm. Council Member Dunn asked if we are not going to show the neighborhood boundaries on the map then why even have the map. Ms. McDonald stated it is very easy to look at the district as a resident; however, it is also important to realize the document will be used by people that we never see. She stated the map encourages people not just to look at the architectural style but how the surrounding area evolved over time. Council Member Dunn stated in looking at the whole Historic District as soon as you look for a rule there is an exception. He stated this looks very theoretical and he does not want there to be any mandated language regarding the neighborhood boundaries. Council Member Reid stated these guidelines are a substantial improvement over the existing guidelines. He asked that where the document refers readers to the Zoning Ordinance or other document that it specify the specific section. He stated there still some old sections of the old Zoning Ordinance in the document and asked that the references be revised. Ms. McDonald stated the ordinance on the back of the document will be revised to ensure it is current. Town Council Work Session of January 12. 2009 Page 12 Council Member Reid stated he is concerned about the neighborhood zones stating it may cause mischief with future BARs. He stated we allow stamped concrete to be used in our crosswalks even though the Town's ordinance requires brick sidewalks. He stated certain materials such as stamped concrete should be allowed and asked if that could be encompassed in the Materials section. Ms. McDonald stated these guidelines do not cover public sidewalks. Council Member Reid stated he realizes that the guidelines pertain to private structures; however, we do allow the stamped concrete in our crosswalks in the Historic District. Ms. McDonald stated the guidelines for driveways, walkways and parking areas for new construction state, "Ensure new paving materials are compatible with the character of the area." She stated that allows latitude. She stated the guidelines for new material states when you are proposing a material that is not a traditional material; it needs to meet a standard for visual compatibility such as conveying a traditional construction technique. She stated some brick stamping is very successful. Council Member Reid verified no one had proposed the use of stamped brick since Ms. McDonald has been with the Town. He stated in looking at the crosswalks he did not realize that they were not brick. He stated if we are doing it in violation of our ordinance, then an applicant coming forward with a proposal for stamped asphalt for a back yard patio should be allowed to do so. Ms. McDonald stated the Town has permitted stone stamping for a residential new construction rear patio. Council Member Reid asked if triple pane windows can be used. Ms. McDonald stated there is no prohibition as long as the pane dividers are exterior to ensure visual compatibility with a traditional window design. Council Member Reid verified the windows do not have to be made of wood. Ms. Irby stated it has only been revised to an extent. She stated there is a section on inappropriate materials, which was part of her objection. She stated because we do not write building codes we do not get to regulate that. Council Member Reid asked if manufactured stone would be considered stamped concrete. Ms. McDonald stated manufactured stone is a way of creating stone, it is not stamped concrete. Council Member Reid stated it sounds like stamped concrete could be used for walkways. Ms. McDonald stated it seems the Town Attorney is saying that the inappropriate materials section may not be legally defensible and may recommend that it be removed. Town Council Work Session of January 12. 2009 Page 14 Vice Mayor Hammier stated she would like Council to give direction to Ms. Irby regarding the edits and even what Mr. Meyer just addressed. She stated she would also like to bring back discussion of the appeal process changes. Mayor Umstattd asked if there were a home in the Historic District that has German siding which needed to be replaced, would it have to be replaced with the same material or could it be replaced with plain wood siding. Ms. McDonald stated preferably it would be replaced in kind. She stated if an applicant can demonstrate that a plain beveled wood siding is appropriate for the structure, the most important thing would be the compatibility in the material itself. Further, she stated her opinion is that as long as there is support in the surrounding area she could support a beveled siding over a German siding. Mayor Umstattd stated in the past there were two appeals to Council related to siding where the BAR turned down a request to replace German siding with plain wood siding. She stated in both cases the Council overruled the BAR and allowed the cheaper siding. She stated her concern is that everything is more expensive in the Historic District and feels that if a property owner wants to use a cheaper siding they should be allowed. Ms. McDonald stated the guidelines for wood for existing buildings state, "Replace wood elements only if they are deteriorating beyond repair....match the original in material, texture, dimensions and design." She stated in other places the BAR has inserted language such as "where possible" or "where feasible" and suggested such an insertion here to address the Mayor's concerns. There was further discussion regarding this possible amendment. Council Member Wright stated he is happy with the language stating to match the material, texture, dimensions and design. He stated in other places it simply says to match the material and he is not as concerned with the material, but as to how it looks. He stated there are simulated products now that accomplish the same goal which are better from an environmental and maintenance standpoint. Ms. McDonald stated that is a broader policy change that Council will have to make. She stated up till now the BAR has maintained the national preservation standard of "retain, repair, replace and when you replace, replace in kind". She stated cost is frequently not an issue because when you are replacing you are replacing small components as necessary as the goal is to maintain the historic structure over all. Mr. Meyer stated there is a real distinction between historic structures and new construction and additions. He stated there is more fleXibility with additions than historic structures. Council Member Butler stated it does not seem natural to him to have a BAR review an application after Council and the Planning Commission. Mr. Wells stated that resulted from a discussion Council had at a joint work session and has not been entirely worked out. He stated no one is entirely satisfied with where we are at and this is still a work in progress. Town Council Work Session of January 12. 2009 Page 15 Vice Mayor Hammier stated she has tried to figure out in her mind how best to address the issue. She stated an elected body makes a decision that should not later be undone. Council Member Butler stated it seems odd to have Council approve something before the BAR. Council Member Reid asked if a statement should be added to the guidelines regarding how this is a living downtown and we do not expect everything to be static. Vice Mayor Hammier stated she would support that. Council Member Wright stated the broader question is do the guidelines accomplish that. Council Member Reid stated the guidelines do accomplish that, but it would be nice to have a statement of principal. Council Member Wright stated he does not know that it would appear in the guidelines. Vice Mayor Hammier stated Zoning Ordinance Section 7.5.1 reaffirms the purpose ofthe H-1 Overlay District. Council Member Wright stated the Zoning Ordinance is already referenced. Mr. Meyer asked Council to consider how applications that have already been submitted will be effected by the revised guidelines. Ms. Irby asked Council how they would like to address cases where improvements are made in a backyard and not visible from the public right of way. Mayor Umstattd stated it is hard for her to justify making an improvement go before the BAR when only the residents of the house will see it. Council Member Reid concurred with Mayor Umstattd. Council Member Dunn stated he leans more towards BAR being historic preservationists. He stated many times in true historic buildings the back yards are visible from the other side of the block and he is hesitant to not have the guidelines effective in the back yard. Council Member Reid stated this_should be evaluated on an applicant by applicant basis. Council Member Dunn stated that would open the case up to opinion. Council Member Wright suggested he would like to wait till after the public hearing to give direction. He stated this may not be a case by case basis; rather it would be whether the back deck is viewable from the public right of way. He stated that is something that he might be willing to entertain. Further, he Town Council Work Session of January 12. 2009 Page 13 Vice Mayor Hammier stated it seems the inappropriate materials chart is a non-starter from a legal standpoint. She stated we need to ensure that each of the legal edits are coming forward because of the sheer volume of what we are dealing with. She stated she would like to ensure that the next document Council receives incorporates the edits in a concise package. Council Member Reid verified the guidelines do not get into detail regarding landscaping. He stated his final concern is the section with massing. He expressed concern with the techniques to reduce massing stating the example suggests than an applicant cut their top floor by one-third. He stated that could easily be a commercial district and asked if the business meets the set back requirements and the height restrictions, then we why should we be concerned. Vice Mayor Hammier asked if Council Member Reid would propose deleting the example. Council Member Wright stated there are other ways to deal with massing other than chopping the blocks up. He stated for those who are graphically inclined it would seem that the building has to be chopped; however, the guidelines simply direct a builder to treat the block correctly. There was further Council discussion regarding massing. Council Member Reid stated the guidelines state "In order to maintain the rhythm and balance established by the setback of historic buildings, new construction should be consistent with the historic pattern of building setbacks." He stated that is contradictory to the Zoning Ordinance. Vice Mayor Hammier stated that goes back to her point regarding the edits that need to come forward relative to references of the building should relate to the historic structure versus the neighborhood as a whole. She stated the edits need to come forward so we can ensure we are providing the correct guidance. She stated we are not only preserving the Downtown but we want it to grow and thrive and we need to create the guidelines that allow us to do that. Council Member Dunn stated a good part of the massing has been decided for the BAR through our ordinances. Council Member Reid stated the Crescent District Plan generated some concerns over height, which was settled by developing the zones. He asked if a similar system could be used where there is a residential use next to a proposed building. Dieter Meyer, Board of Architectural Review Vice Chairman, stated he will try to review reference materials for tomorrow's public hearing to help everyone come to better grips with massing. He stated he was in the minority of the BAR where he felt the structures should relate to the neighborhood as a whole rather than simply the adjacent structures. Council Member Reid stated we need to ensure the massing and the setback pages are consistent with our Zoning Ordinance. Town Council Work Session of January 12. 2009 Page 16 stated there also needs to be something in place to protect a historic structure in a back yard. Vice Mayor Hammier stated you could also take in to consideration the impact on surroundirlg homeowners who might expect a historic look and feel. d. George Mason University Verbal Update Vice Mayor Hammier stated the study is wrapping up and the results are expected in 3-4 weeks. She stated Jerry Coughter recommended having a pre- briefing of the study for the Chair and Vice Chair of each governing body. Further, she stated additional meetings have been focused on reaching out to community and business leaders to ensure Leesburg has a competitive edge. e. VDOT Six-Year Plan Public Hearing Update Calvin Grow stated the public hearing will be held tomorrow night at the Fairfax County Government Center. He stated because of cuts in Urban Funding, all VDOT Urban Funding for Leesburg will need to be allocated to the construction of Battlefield Parkway from Kincaid Boulevard to Route 7 until 2012. He stated this will not result in delays to the project. He stated the South King Street widening project is now planned to start construction in the 2012 to 2014 timeframe, depending on funding. He stated the estimated shortfall is $8 million. He stated VDOT has selected the design company of Parsons Transportation Group to design the project to widen the Route 7/15 Bypass from four to six lanes including the Sycolin Flyover; however, they have not been authorized to start. He stated design money was not cut for this project, only construction funds. Further, he stated the project will be designed together; however, once the design is complete the flyover project can move forward separately. Council Member Wright stated he is glad that while the bypass widening and flyover will be designed together, they will be separated for construction. He stated if we get the choke points out the Bypass widening can be moved further out. Further, he suggested encouraging VDOT to focus on getting projects shovel ready so that we can build the projects rather than waiting for all of the funding. Council Member Butler concurred with Council Member Wright's comments; however, it does not seem to be reflected in the resolution passed in 2007. Council Member Reid stated he believes the County funded a bond with $300,000 for the Sycolin Road flyover project. He stated it would be awful if VDOT wouldn't get started to get the flyover going. He stated the acceleration ramp is a County project; however, staff can support it in their comments tomorrow night. Further, he stated we have never received anything in writing stating that VDOT is splitting with Bypass widening/Sycolin Road flyover project. Mr. Grow stated VDOT has told him that the projects will be split. Council Member Reid stated he would like to have that in writing. He stated the Flyover is a stand-alone project. He stated Battlefield Parkway will open in eight months and we will not need an at-grade intersection at Sycolin Road anymore. He asked if tomorrow night's testimony can focus on the flyover Town Council Work Session of January 12. 2009 Page 17 project. He stated tomorrow night we should ask for the acceleration lane on Route 7 west and we should request that Sycolin Road be paved to Ashburn. Council Member Dunn expressed concern that the Bypass widening and Sycolin Road Flyover projects have not been separated and stated we may not see that in writing. Council Member Reid stated the flyover is going to need an environmental assessment because it will impinge on the park land. Mayor Umstattd stated Mr. Grow has always been very successful with his low key efforts and if we try to strong arm VDOT to have everything in writing it could backfire. She stated if they have assured Mr. Grow that the projects are separated, then we need to go with that. She stated either way we do not have the money to go forward. Council Member Wright suggested prioritizing the projects and saying that we want to work with VDOT and the money that they have. Council Member Reid stated we need to stipulate in our testimony that we want the flyover to go first as there is not enough money to do it in combination with the Bypass widening. Mr. Mason stated the Council passed a resolution requesting that VDOT build the flyover first. He stated they have indicated that the projects will be designed together and constructed separately. Council Member Wright stated that is also the resolution where we requested the acceleration lane. Council Member Reid verified the acceleration lane is included in the County's project list. Vice Mayor Hammier stated she is most concerned that tax payer dollars are being allocated to a State government responsibility. She mentioned the impact of transportation on economic development opportunities. Further, she suggested focusing testimony on Battlefield Parkway. There was further discussion regarding project priorities. Council Member Reid asked the rationale for asking the NVTA for funding for South King Street as opposed to Battlefield Parkway through the Rehau tract. Mayor Umstattd stated the NVTA was looking for projects with a regional impact that are ready to build. Council Member Dunn stated we are an interstate community and Battlefield Parkway will be our outer beltway used by all. Council Member Reid stated at the hearing we should let VDOT know that the Sycolin Road Flyover is more important than the Bypass widening. Further, we should also ask for the acceleration lane on Route 7 west and the Sycolin Road paving. Town Council Work Session of January 12. 2009 Page 18 f. Status Update on Loudoun Street Options John Wells stated the group met on January 7 and plan to meet again on January 31. He stated they will be looking at new ideas not limited to the two parcels and will report back to Council in February. Council Member Dunn verified both sides are open to compromise. Council Member Reid stated he would like to have a report on the data from the driver feedback signs at the next work session. Council Member Butler stated he hopes that by looking at a larger picture we do not get into something that is a much bigger deal. Mr. Wells stated in looking at greenspace and parkland they wanted to explore ideas of how to tie in some of the existing greenspace or parkland in the block. He stated there is an opportunity for compromise there and they want to continue to meet as long as there is opportunity to look beyond the site, but not beyond the block. 2. Additions to Future Council Meetings Council Member Reid asked for an update on our legislative agenda to be emailed to Council. Mr. Wells stated updates will be sent as we move along. Council Member Wright requested an update on grant activities. He suggested that this year's budget discussions could be done in two full days if planned out ahead of time. Mayor Umstattd stated her goal is that the budget meetings not go past 9: 00 p.m. Council Member Wright stated his goal is that the budget meetings be conducted during the business day. Vice Mayor Hammier stated she would like a discussion at the next work session regarding BAR issues with real solutions for the appeals process. Mr. Wells stated that could be conducted as part of tomorrow night's public hearing. Further, he stated a BAR discussion is already planned for the following work session and direction could be provided at that time. Council Member Dunn suggested getting input from Mr. Wells relative to if our budget were X million dollars what would that look like for his operation. He stated the process of going line by line lets the Town Manager determine what he could work with. Vice Mayor Hammier stated similar direction is given by keeping in the range of an equalized tax rate. Council Member Reid asked for a discussion regarding the Heritage High School crossing issue. Town Council Work Session of January 12. 2009 Page 19 Council Member Wright asked if we asked the Sheriff in writing he would do this and have received a response in writing. He stated that is not in our jurisdiction. Mr. Wells stated we have heard that pretty directly from the Sheriff's Department. Council Member Wright stated he would like to have that information in writing to share with the Board of Supervisors and follow up with the Sheriff's office that we have the authority to provide this service outside our jurisdiction. Council Member Reid stated he would like to revive the discussion of the three meeting a month schedule at the next work session. He asked that staff map out what the calendar would look like for that schedule. Mayor Umstattd asked if the majority of Council wanted to revisit this issue. It was the majority consensus of Council not to revisit this issue. Council Member Dunn suggested that we add all of our shovel ready projects to the letter for Senator Webb. He stated we need to get on the list and get some lobbying behind us. He stated he was at the Lovettsville Planning Commission meeting and their Chairman is a funding lobbyist who is looking at getting $5 million to widen their streets. Council Member Wright stated the County prepared a wish list and the Town's intent is to back up the County's list and create our own list when we figure out the exact process. Council Member Reid asked that an item be placed on the agenda to discuss hiring a lobbyist. Mayor Umstattd stated she would not support hiring a lobbyist. Mr. Wells stated there is not really a process to follow at this time. He stated the County's letter was in response to a request from NACO communicated through VACO to identify shove-ready projects. He stated our draft letter supports the County letter and respectfully submits our list as well. Council Member Reid stated the process will be federal infrastructure money may go to whoever gets an earmark. He stated the County should take their lobbyist out of Richmond and send him to DC. Mayor Umstattd stated we have three lobbyists. Senator Warner, Senator Webb and Congressman Wolf. Council Member Reid stated Senator Warner and Congressman Wolf got $38,000 in earmarks for the Route 50 traffic calming project because the Piedmont Environmental Council hired people to go out and get the money. Vice Mayor Hammier stated we could get more involved in the National League of Cities in the same way that Vienna has gotten involved in VML and had a tremendous impact. Town Council Work Session of Januarv 12. 2009 Page 20 Council Member Dunn stated if we do not ask for the funding we will not get the funding. Vice Mayor Hammier suggested that Council visit Congressman Wolf on a quarterly basis. Council Member Dunn stated we are a first responder to DC and our infrastructure is an evacuation road for DC. He stated we are an interstate community and we need the money. 3. Closed Session On a motion by Mayor Umstattd, Seconded by Council Member Wright, the following was proposed: MOTION Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss a personnel matter related to the Town Attorney's evaluation The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) The Council convened in closed session at 10:39 p.m. The Council reconvened in open session at 11:19 p.m. On a motion by Mayor Umstattd, seconded by Council Member Reid, the following was proposed: MOTION In accordance with Section 2.2-3712 of the Code of Virginia, I move that the Council certify 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: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) Adjournment On a motion by Council Member Wright, seconded by Council Member Dunn, the meeting was adjourned at 11:20 p.m." /", /\ :f\j ~lf J \};:,)z.- '-~/\ Clerk of Cou 2009_tcwsminOl12