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Home My Public Portal About2014_tcwsmin0421 II Council Work Session April 21, 2014 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Kristen C. Umstattd presiding. Council Members Present: David Butler, Thomas Dunn, Katie Sheldon Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd. Council Members Absent: Kelly Burk. Mayor Umstattd arrived at 7:35 p.m. Staff Present: Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Assistant Town Manager Scott Parker, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Chief of Police Joseph Price, Director of Economic Development Marantha Edwards, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Work Session Items for Discussion a. Downtown Improvements Update Scott Parker gave a brief presentation on the status of the Downtown Improvements Project. Key Points: • Met with Consultants and received/discussed concepts for the marketing campaign • Established meetings with King Street businesses/leaders to discuss marketing/communication concepts for feedback • Awarded Loudoun Street Waterline construction contract—will start work(night work) after Flower and Garden Festival • Schedule is being developed for the King Street(between Royal and Loudoun) section of the improvements • Next steps include: o Finalizing plans for Loudoun Street between Harrison and the East End Triangle o Pre-construction meetings with business and property owners for work that will start after Flower and Garden o Finalize marketing concepts and marketing timeline Council Comments/Questions: • Will the PVC pipes be cut back? Staff answer: That is part of the automatic watering system and will be cut back going forward. b. Noise Ordinance Council Comments/Questions: • The Commonwealth's Attorney's office has reviewed the draft ordinance and found it to be constitutional. 1 ' Page Council Work Session April 21, 2014 • Is the current ordinance constitutional? Staff answer: As far as staff is aware, it is constitutional. • Number of noise complaints in the Historic District rose sharply during calendar year 2012. Previous to that, there were around 11-13 per year, but rose to 30 in 2012 and 38 in 2013. • If the draft ordinance is changed to require a permit for amplification, then amplification and the reasons for such needs to be more clearly defined • Permits could help with instances of persistent infringement • Decibel standard has limits as background noise can register as 45-50 decibels • Business to business needs to be dealt with as well • Would it be helpful to increase the class of the misdemeanor with regards to enforcement? Staff answer: The higher number of the misdemeanor, the smaller the offense. As a Class II misdemeanor, someone has the potential to go to jail. Whoever is charged and ultimately convicted, will have a criminal record and potentially face jail time. • Would like to give the businesses and residents time to come up with something they can both live with by working together • Current ordinance is unfriendly to businesses. • Current and proposed ordinance will effectively ban outdoor music • Current ordinance is not enforced Staff answer: The goal is to solve the problem without court action. • May need to address a mixed use area • Is there a possibility of a combination of criminal and civil offense? • Proposed ordinance needs further work—there are some inconsistencies • A truck may be 75 decibels, but it passes by quickly. How irritating a noise is depends on the quality of the noise and how long it goes on • Leaving the current ordinance in place gives all the authority to the residents for the success or failure of these businesses • Does the Frederick, Maryland ordinance allow amplified music outdoors? Staff answer: Not in establishments serving alcohol. • Concern that with the proposed ordinance we may be driving residents into their homes • Currently an amplification permit is required, but has not been enforced —need to know what the Town Manager's office would recommend from a permitting standpoint Staff answer: These permits are usually used for events that require loudspeakers such as political campaign events • How does this affect First Friday as it goes to 9 p.m.? 2IPage Council Work Session April 21, 2014 It was Council consensus to bring this back for further discussion at the June 9 work session to allow time for staff to answer the Council's questions and to get feedback from the community. Further, the current ordinance should be enforced until changes are made. c. Parking Payment in Lieu Brian Boucher stated that the last time Council discussed Payment in Lieu, it was referred to the Economic Development Commission(EDC) for their feedback. Key Points: • Brought before the EDC at their March meeting o They did not want to make a recommendation on payment in lieu until they had more information on the Comprehensive Parking Plan o At the April meeting, they discussed payment in lieu again and recommended to Council that the Comprehensive Parking Program be set before they determine what the payment in lieu fee should be • Increase in cost of living since 1987 was 107%. What could be bought for$3,000 in 1987 will cost$6,200 today • Construction cost index has gone up by 119% (the cost of building) • Could create a pro-rata for a parking facility Council Comments/Questions: • Payment in lieu does not ensure a reserved parking space • In order to figure out a possible fee, the cost of a space needs to be calculated as well as how often that space would turn over • There is some cost recovery that should be applied as some revenue is achieved from parking garage fees and parking meters • If a parking garage is built, the taxpayers would have to foot most of the bill since not enough has been collected to pay for it • Should look at the capacity based on the type of development that Council is seeking • Reject the idea that development should pay for all the parking— existing street parking is free • Agree with the idea of catching up with inflation • In looking at the Comprehensive Parking Plan, will need to determine what future needs are • Should make parking garages by-right throughout Town d. County Referral—Tuscarora Crossing Susan Berry Hill presented staff's referral comments for the proposed county Tuscarora Crossing development. 3 IPage Council Work Session April 21, 2014 Key Points: • Fourth submission • Residential units is down by one unit from the last submission to 576 • Initial submission included 720 residential units in the first submission • Unit type has changed from 312 single family detached down to 159 and 265 single family attached has increased to 417 units. • Increase in neighborhood retail component from 23,000 to 85,000 square feet • Project still shows an elementary school site that would be dedicated to the county • Increased acreage dedicated to PD-IP (planned light industrial) uses and shows 15 acres of PD-GI (planned heavier industrial) uses. • Scheduled for the County Planning Commission on May 5 Council Comments/Questions: • Is the increase in industrial acreage a direct result of the reduction in residential? Staff answer: PD-IP and PD-GI can include office uses and other employment uses. They have included the neighborhood retail as another way to include more employment uses • Kincaid residents will see the increase in PD-IP and PD-GI acreage as a loss Staff answer: This property has been designated for employment uses since at least 2005. • Have no problem with staff sending this letter at the staff level • Should disclose that the residents prefer more residential than industrial uses • Could someone get clarification that the position expressed has been that of the Kincaid HOA • Is it appropriate to comment on impacts to Rt. 7? Staff answer: The traffic impact analysis has been reviewed and comments are incorporated into comment letter • Where would the children go to middle and high school? Staff answer: Will have to get back to you. • Good balance of residential/non-residential • Who will be building this leg of Kincaid Boulevard/Cross Trail Boulevard? Staff answer: County may be building Kincaid as part of their complex. • Who will want to cross major roads to get to the neighborhood retail? • Would like a plan with less residential as that area was not planned for that • The town and the county has been burned by proffers tied to units built It was agreed that staff should revise the letter to reflect tonight's discussion and bring it back for a vote tomorrow night. 4IPage Council Work Session April 21, 2014 2. Additions to Future Council Meetings Council Member Hammier would like to have a text amendment to credit for non-historic demolished space as opposed to what is planned. This was agreed to be put on the "to be scheduled" section of the calendar. Vice Mayor Butler asked for a memo update on the Oaklawn project with respect to the proffers. Council Member Dunn asked for a letter asking the county to fund all bus lines in town. There were not four votes to have this as a work session discussion. It was agreed that this could be part of the larger discussion about all the things that the County should be funding. He expressed concern that his proposed work session item regarding online registration at Ida Lee became an information memo that contained suggestions and that an individual was making policy whereas the policy makers should be making policy. 3. Adjournment On a motion by Council Member Wright, seconded by Vice Mayor Butler, the meeting was adjourned at 10:38 p.m. 1 Clerk of C 2014 tcwsmin042 5IPage