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HomeMy Public PortalAbout2016_tcwsmin1024 Council Work Session October 24, 2016 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor David S. Butler presiding. Council Members Present: Kelly Burk, Thomas Dunn, Suzanne Fox, R. Bruce Gemmill, Katie Sheldon Hammler, Marty Martinez and Mayor Butler. Council Members Absent: Vice Mayor Burk arrived at 7:45 p.m., Council Member Martinez arrived at 7:56 p.m. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Director of Planning and Zoning Susan Berry Hill, Director of Capital Projects and Public Works Renee Lafollette, Director of Plan Review Bill Ackman, Director of Parks and Recreation Rich Williams, Deputy Zoning Administrator Michael Watkins and Paralegal Carmen Smith. AGENDA ITEMS 1. Items for Discussion a. Legislative Agenda Keith Markel presented Council with the draft 2017 Legislative Agenda. Key Points: o Short legislative session beginning January 11 and conclude on February 26. • Virginia Municipal League Day is Wednesday, January 25. o Staff has met with County staff to work on similar issues and there are no areas of conflict. n Transportation Initiatives ' Short term rentals (Air BnB) n Negotiated process for professional services n Toll rates on the Greenway o Add the Expanded Criminal Trespass Statute —which expands the definition of trespass to technological devices. o Adds a proffer bill amendment © Delegate Minchew was successful with the local fines and fees revision. o Dooring bill was passed. o Remove City Status, tree save issue, and the advertising of legal notices. Council Comments/Questions: • Dunn: Questioned what technology device is being referenced with respect to protecting people's privacy. Markel: Stated it would cover unauthorized entry by unmanned aircraft or other advanced technological devices on the property of another. – - — 1 iPage Council Work Session October 24, 2016 a Dunn: Questioned whether language to add "image taking" should be included. Notar: Stated that this is only for the legislative agenda. She stated that the wording of any criminal statute must be must more specific than this. She stated that if a legislator agrees to take a bill forward, the language of the statute would be re-written. o Hammier: Questioned what the consultant fee would be for former Assistant Town Manager Thomas Mason to come back as a consultant. She expressed that this could be handled in house. Markel: Stated that he is a tremendous asset, but the consultant cost has not been pinned down yet. o Hammier: Stated her support for lifting the moratorium on city status. She stated that the Town of Leesburg has one of the lowest tax rates compared to other municipalities of a similar size in the state, but the highest combined town/county tax rate compared to the same towns. Further, she noted that VML added a roadway maintenance item for roadway lanes that are converted to bicycle lanes so that municipalities will not have their maintenance payments reduced when they convert lane miles to bicycle lanes. She requested information on what the town can add to the legislative agenda to work towards decreasing or preventing blight. o Fox: Stated she would like to know the definition of property, particularly airspace, with regard to the drone legislation. Further, she stated she needs more clarity on whether this covers public or private drones or both. She questioned why the ability to limit firearms on public property is in the positions statement. Markel: Stated this has been on the town's position statement for a number of years and would allow the municipality the ability to regulate if and when firearms should be permitted on public property such as parks and public buildings. o Butler: Agreed that he would like to see City Status back on the legislative agenda. He noted that there is a moratorium for the next 15 years or so and the town is seeking an exception for towns that have a population of over 40,000. He stated that the tree save item is considered anti-property rights by some, but encouraging the legislature to look at ways to get more tree save areas is a good thing. a Dunn: Stated on the city status moratorium, another approach might be to make the legislation community specific just for Leesburg. He questioned whether Council has an interest in legislation to make acquiring day laborers fall under a solicitation type law. He stated he has heard of a municipality that is using day laborers as temporary part time employees of the city. b. Crescent Parke Mike Watkins gave an update on the changes to the Crescent Parke application. 2lPage Council Work Session October 24, 2016 Key Points: o Includes 45,100 square feet of retail and office use south of Davis Avenue extended. o 88,000 square feet of office and/or hotel north of the Food Lion. o Mixed use commercial development—26,625 square feet, 70 residential units, 2,000 square foot community room. o Area south of Tuscarora Creek consists of 178 townhouses, 96 two over twos. • Council action on the application on July 26, 2016 resulted in the application not being approved. O September 27, 2016, a resolution to rescind the July 26, 2016 action was approved. o Proffers and plan revisions were received by staff on October 13, 2016. e A portion of Olde Izaak Walton Park has been removed from the rezoning application. o Commercial Buildings C2 through C4, south of Davis Avenue extended, have reduced the amenity area and removed parking below the buildings and added additional surface parking. o Application was revised to eliminate specific unit counts in each representative building in the MU buildings and could have commercial on the ground floor and residential above for the units that face the street. o There has been a 36 unit decrease in density since July 26. o No change in non-residential density— 161,725. o Council can decide whether to accept the Olde Izaak Walton park dedication; however, if the town does not accept the park, money is reallocated to the Offsite transportation contribution. o Olde Izaak Walton Park dedication area is increased from 18.65 acres to 20.99. o New proffer for off site pond improvements. Council Comments/Questions: o Fox: Stated she was happy to see the units that were planned for Olde Izaak Walton park have been removed. She stated that removal of the underbuilding parking may cause the development to be under parked. She questioned why the parking was removed from under the buildings. Watkins: He stated the proposal does not comply with the Crescent District standards because there is not enough frontage. Mitchel: Stated that the cost to build parking under the buildings is high. e Fox: Questioned whether the buildings could be converted to a non- age restricted building in the future. She stated that this project directly impacts the flow of traffic on South King Street and the bypass. Watkins: Stated that would require a proffer amendment. 3 ' Page Council Work Session October 24, 2016 O Hammier: Questioned if the proffer is still worded so that the contributions per dwelling unit allow the town the ability to leverage some of the funds for the off site transportation improvements. Watkins: Stated that the funds may be used for transportation improvements in the vicinity of Crescent Parke including, but not limited to... o Hammier: Questioned what the amount will be if the town keeps the park. Watkins: Stated it is roughly $700,000 direct off site transportation contribution and the capital facilities contribution was preserved as recommended previously. O Hammier: Questioned how much the light at King and the bypass is estimated to cost. Watkins: Stated the light at South King Street and the bypass is a difficult estimate because a turn lane will need to be installed. He stated it is difficult to know whether the queue length can be established within the existing right of way and/or geometry for the necessary lanes without engineering work. Gleckner: Stated that the off site transportation contribution should be approximately $3.8 million total. Watkins: Noted that this is a combination of the capital facilities and off site for the higher number. o Hammier: Questioned what the value of the pond work is. Watkins: Stated that the applicant estimates $480,000. o Hammier: Stated that the application is far from perfect. She stated it would be preferable to see the lower buildings next to existing residential and to have kept the piece of the park in the open space for the development. O Burk: Stated that this is being rushed through and she is afraid that a detail will be missed. She questioned whether the applicant is still asking for a waiver of parking regulations. Watkins: Stated that they are. O Burk: Questioned how much it will cost to improve the park. Watkins: Stated that for the pond improvements that the applicant is proposing to make would be $480,000. O Dunn: Stated that Council's decision should stand and using an interpretation of Roberts Rules to bring this back is completely out of order. He questioned how of the off site improvement proffers are tied to the park proffer. Further, he questioned what needs to be done with respect to park maintenance. Watkins: Stated that if the town elects to not proceed with the park, then they will not receive the additional contributions and would only receive $700k. Williams: Stated the things that should be done, not necessarily immediately, would include improvement of the building and pond -- -- -- 4IPage Council Work Session October 24, 2016 remediation. Renovation of the building is estimated to be about$1.5 million. o Dunn: Confirmed that age restricted housing is for residents only above age 19 and one household member is over 55. O Butler: Stated a probable work session will occur on November 28 and the public hearing on November 29. 2. Additions to Future Council Meetings Dunn: Requested that staff put together a press release to thank those who provided time, support, and financial assistance for Police Officer Appreciation Day. He questioned whether there is any interest from Council to set up an audio historic tour. There was consensus to provide a memo regarding the costs and ways this could be accomplished. Council Member Dunn requested that staff work with the County to synchronize the lights at Battlefield and Rt. 15 North in conjunction with the White's Ferry/Raspberry Falls intersections to allow a free flow of traffic. Mr. Dentler stated that town staff does work with the county on this, but the issue is capacity. Council Member Dunn suggested limiting traffic to local traffic only on Battlefield Parkway. Mr. Dentler stated that the town does not have the authority to do that. Council Member Dunn questioned whether political signs are allowed on public property. Mr. Dentler stated that they are not allowed on public property or town right of way. He stated they will be removed. Council Member Dunn stated that there are still people parking without permits in permit parking zones. Mr. Dentler stated it is a learning process. Further, Council Member Dunn questioned whether staff can ask people if they would like a permit parking zone. Mayor Butler stated there is nothing to prevent a Council Member from recommending to people that they apply for a permit parking zone. Fox: Requested an information memo on the approximate cost for adding a zoning enforcement officer. There was consensus for an information memo on this topic. Butler: Stated because of scheduling a work session for Leegate will be held prior to the public hearing to make the process go smoothly. — — S1Page Council Work Session October 24, 2016 3. Adjournment �n a motion by Council Member Fox, seconded by Council Member Hammier, the e ing ,as fdj., rued at 9:03 p.m. Clerk of Co 201 I_tcwsmin 102 - - - - 6IPage