HomeMy Public PortalAbout2015_tcmin0127 COUNCIL MEETING January 27, 2015
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Suzanne Fox, Katie
Sheldon Hammler, Marty Martinez and Mayor Umstattd.
Council Members Absent: All present.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Interim
Town Attorney Barbara Notar, and Executive Associate Tara Belote.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Butler
3. SALUTE TO THE FLAG: Council Member Hammier
4. ROLL CALL: Showing all members present.
5. MINUTES
a. Special Session Minutes of January 5, 2015.
On a motion by Council Member Butler, seconded by Council Member Martinez, the
special session minutes of January 5, 2015 were approved by a vote of 7-0.
b. Work Session Minutes of January 12, 2015
On a motion by Vice Mayor Burk, seconded by Council Member Butler, the minutes
of the work session meeting of January 12, 2015 were approved by a vote of 7-0.
c. Regular Session Minutes of January 13, 2015
On a motion by Council Member Hammier, seconded by Council Member Martinez,
the minutes of the regular session meeting of January 13, 2015 were approved as amended by
a vote of 7-0.
d. Special Session Minutes of January 22, 2015
On a motion by Council Member Martinez, seconded by Council Member Butler, the
minutes of the special session meeting of January 22, 2015 were approved by a vote of 7-0.
6. ADOPTING THE MEETING AGENDA
On the motion of Vice Mayor Burk, seconded by Council Member Butler, the meeting
agenda after moving Item 11a, b, c, and d to the Consent Agenda and was approved by the
following vote:
Aye: Butler, Burk, Dunn, Fox, Hammler, Martinez, and Mayor Umstattd
Nay: None
Vote: 7-0
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7. PRESENTATIONS
a. Proclamation—Kiwanis Centennial Celebration
On a motion by Vice Mayor Burk, seconded by Council Member Hammier, the
following was proclaimed:
PROCLAMATION
Kiwanis Club of Leesburg
Centennial Celebration
WHEREAS, Kiwanis International is one of the largest service
organizations in the world with more than 600,000 members of all ages and abilities
in more than 80 nations; and
WHEREAS, the members of Kiwanis Club of Leesburg, Virginia are
devoted to improving the world one child and one community at a time by seeking
primacy to the human and spiritual rather than the material values of life; and
WHEREAS, in addition to improving lives, Kiwanis club members promote
the development of community leaders, positive role models, intercultural
understanding and cooperation, and opportunities for fellowship, personal growth,
professional development and community service; and
WHEREAS, the first Kiwanis club started its service in Detroit, Michigan,
in January, 1915; and
WHEREAS, Kiwanis International celebrates its Centennial Anniversary of
the founding of the Detroit Kiwanis Club No. 1; and
WHEREAS, the service provided by the Kiwanis Club of Leesburg,
Virginia, especially the annual Halloween Parade, support to Loudoun Interfaith
Relief, and through high school Key Clubs, will continue to have a positive impact
on our community and citizens.
THEREFORE, PROCLAIMED by the Mayor and Council of the Town of
Leesburg in Virginia that January 27, 2015 is Kiwanis International Day in the Town
of Leesburg and hereby call upon all citizens of the Town of Leesburg to render
support to the members of this organization and to make themselves aware of
Kiwanis International, whose members are providing meaningful service to our
homes, schools, and community.
PROCLAIMED this 27th day of January, 2015.
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b. Certificates of Appreciation— Girl Scout Troop 6752 and Brownie Troop
2718
It was noted that these are postponed until the next February 10, 2015
Council meeting.
9. PETITIONERS
The Petitioner's Section was opened at 7:40 p.m.
Andrew Borgquist, 1108 Huntmaster Terrace, #301, stated he what happened to him
should not have happened. He stated the Town Manager was unwilling to reverse the
actions that were taken against him. He stated he will continue to come and speak on this
issue.
Anthony Fasolo, thanked the town for the work done clearing the snow. He also
stated he would like to support the recommendation for the Diversity Task Force. He stated
the recommendation was to form a committee to look for ways to hire a more diverse work
force. He encouraged Council to take the recommendation and form a committee.
Chris Colsey, 104 Fort Evans Road, SE, stated he is here to introduce himself as a
candidate for the vacancy on the Board of Zoning Appeals. He stated, if appointed, he
would consider the integrity of Leesburg as a whole as well as the possibility for adverse
impacts whenever deciding any variances. He stated he would personally visit any appeal
site. Further, he noted he is serving as a volunteer for the Internal Revenue Service
providing tax preparation services to low income (under approximately $53,000) Leesburg
residents. He noted that this is a joint venture between Fairfax and Loudoun Counties and
will be located in the Rust Library and the Shenandoah Building on Edwards Ferry Road.
He stated he is volunteering because of the business practices of some companies in the tax
preparation industry. He encouraged the Mayor and Council to allow him to put
advertisement flyers out for others.
Patty Maslinoff, thanked the Mayor and Council for recognizing that today is a
remembrance of Auschwitz. She urged Council to adopt the recommendations presented
by the Diversity Task Force. She recalled an incident from her past that resulted in the
University of Chicago Law School being required to diversify their advertising and
recruiting when they had an open position that reinforced the need to adopt those
recommendations.
Tammy Carter, stated she likes change and diversity. She stated she is in support of
the diversity commission for the youth of the town to prosper and be pushed ahead. She
stated they are the future, but there isn't much of a future for them because there is not
much diversity in the Town of Leesburg. She stated they have to go elsewhere to seek
employment and careers. She stated the diversity commission will help make the town a
better place.
Vice Mayor Burk noted it will be discussed at the first work session in February on
the 9th at 7:30 p.m.
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The Petitioner's Section was closed at 7:52 p.m.
10. APPROVAL OF THE CONSENT AGENDA
On a motion by Vice Mayor Burk, seconded by Council Member Butler, the following items
were moved for approval as the Consent Agenda after removing the Town Attorney's Contract:
a. Animal Shelter Site Location
MOTION 2015-001
I move to approve the letter to the Board of Supervisors regarding the proposed re-
location of the Loudoun County Animal Shelter
b. Amendment to Fiscal Policy
RESOLUTION 2015-018
Amending the Fiscal Policy for the Town of Leesburg
c. Authorization to Hold a Public Hearing regarding Issuance of General Obligation
Bonds
MOTION 2015-003
I move to Authorize staff to hold a public hearing regarding issuance of General
Obligation Bonds
d. Continuing Disclosure Policy
RESOLUTION 2015-019
Adoption of Town Policy Regarding Disclosures in Town Bond Issue Official
Statements and Disclosures to be Performed in Continuing Disclosure Undertakings
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Amending the Town Code regarding Financing of Water and Sewer
Availability Fees
The public hearing was opened at 7:54 p.m.
Amy Wyks reviewed availability fees for water and sewer services.
Key Points:
• Per Town Code, availability fees are charged for connection to the water and
sewer system
• Fees are set by Council and calculated based on use and estimated gallons per
day.
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COUNCIL MEETING January 27, 2015
• Purchased capacity ty coneY s with the property/parcel.
•
Change in use can trigger calculation of additional fees.
• Council adopted the portability of fees for eligible parcels last January.
• Fee financing is available if qualifications are met by applicant.
• Current minimum commercial availability fee is $11,975 for combined water
and sewer based on 350 gallons per day.
• Financing is currently an option when the combined fee or individual fee for
water is at least$10,000 and sewer of$15,000— or greater than$25,000 —the
amount above that can be financed.
• Contract is approved by the Town Manager and Town Attorney and cannot
be for a term longer than five years.
• Interest is currently charged at 6%.
• Bond is required.
• There is no pre-payment penalty.
• Entire amount comes due if a payment is missed with possibility of
disconnection for noncompliance.
• Council direct consideration of lowering the current financing threshold from
$25,000 combined water and sanitary sewer to greater than the minimum.
• Consideration of the interest rate to prime plus 3% or the legal rate, which is
currently 6%.
• Staff does not recommend amendment for the following reasons:
o The town would be taking on the function of a bank.
o High new business failure rate within the first three years causes
concern even though the town holds the bond.
o Increased staff work load for tracking, enforcement and collections.
o Inequitable terms for past customers who have paid in full.
Council Comments/Questions:
• How did staff come up with current water and sewer availability fee amounts?
Staff answer: In the past, it increased at 3% per year. There was no rounding
involved whenever it reached the increase mark.
• Is there a possibility of businesses financing just one or the other?
Staff answer: As long as the availability fee for that service meets the
threshold as written.
• How many businesses have financed their fees?
Staff answer: One business has financed and paid off their balance three
months ago. Another business has inquired and is interested in the concept.
• Has there been any interest in financing if the level was lower?
Staff answer: No.
• Concern that if you cannot afford$11,000 in availability fees, how stable is
your business? Increases the possibility of default.
• Concern with the change in interest rate.
• This would help small businesses, but Council should be cognizant of the role
they would be undertaking as a financing entity.
• How did we get to this point?
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Staff answer: One restaurant inquired and based on feedback received at
work session, there was interest on Council to proceed.
• What additional costs can be foreseen other than tracking and enforcement?
Staff answer: A complete analysis cannot be done because it is difficult to
foresee what businesses might be interested in utilizing this, but the rate
consultant recently projected availability fees, but if that number is diminished
and spread out over a longer period of time, there would be concern and
could impact the capital improvement ability of the utilities fund.
• What is the risk to the utility fund if a business that has financed goes out of
business before the end of the contract? Wouldn't a new business come into
that space and begin to pay availability fees?
Staff answer: Staff does not see it that way—when the first connection is
made, the business has the ability to use the gallons per day that was
calculated, yet the demand was not completely paid for.
• The town would still get some income from the payments that were made
before the business failed and the business would no longer be using capacity.
• If the number of businesses that are interested in this option remains low,
there will be very little impact on staff time.
• Availability fees defray the cost of capacity.
• Are applicants told that they have a financing option?
Staff answer: The planning department receives the application as part of the
"one stop shop" concept.
• Better information to applicants to let them know about this option.
• Clarification that the only amount that can be financed is the amount over the
minimum.
• What would happen if a restaurant went out of business and the replacement
business was not a restaurant?
Staff answer: There would be a credit that could stay with the parcel.
• What is the possibility of doing this as a pilot program?
Staff answer: The town code would still need to be amended to allow it.
There were no members of the public wishing to address this public hearing.
The public hearing was closed at 8:24 p.m.
On a motion by Council Member Dunn, seconded by Council Member Butler, the
following was proposed:
ORDINANCE 2015-001
Amending Chapter 34(Utilities), Article II(Water System), Division 1 (Generally),
Section 34-29(Availability Charges for Water Service)and Chapter 34(Utilities),
Article III(Sewers and Sewage Disposal), Division 1 (Generally), Section 34-127
(Availability Charge for Sewer Service)
Council Comments/Questions:
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• This was brought forward after talking to a business that had to pay an
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availability fee of$19,000 and would have liked the ability to finance it.
• Do not believe this program will be used a lot as banks would be a better deal.
• If it is overwhelming the utilities department, can review and make changes
as necessary.
• Would have appreciated someone from economic development to speak to
the importance of independent restaurants to Leesburg.
• Support the ability for small businesses to do business in Leesburg.
• Would like the Economic Development, Planning and Utilities Departments
to let applicants know about this program as a way to entice businesses to
locate here.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Fox, Hammler, Martinez, and Mayor Umstattd
Nay: None.
Vote: 7-0
b. Amending the Zoning Ordinance regarding Parking Payment in Lieu
The public hearing was opened at 8:29 p.m.
Brian Boucher presented the proposed Zoning Ordinance amendment.
Key Points:
• Proposal to increase the Payment In Lieu fee for parking in the H-1 Old and
Historic Overlay District from$3,000 to $6,270, with an automatic annual
fluctuation based on the Consumer Price Index adjustments.
• Fee option exists in only the H-1 overlay district(downtown) for non-
residential purposes.
• Permits developers pay the town instead of providing on-site parking as
required.
• Option was created to preserve downtown Leesburg from being demolished
to provide surface parking.
• Fee has not been increased since 1987.
• Fee does not cover the cost of providing new parking facilities.
• Funds can be used for new facilities in the downtown area, or
improving/maintaining existing parking facilities.
• Cost of a new parking space, in today's dollars will be about$19,000-23,000.
• About 12 years ago, the determination was made that this money could be
used to maintain or improve existing public parking facilities.
Council Comments/Questions:
• This adds in an inflation index?
Staff answer: If Council adopts this, on January 1 of each year, the amount
will be adjusted for the Consumer Price Index (CPI). Fee would reduce if the
CPI drops. Developer pays for fee at the time of Zoning Permit application.
• Short sighted not to look at the big picture of parking.
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• Should focus these dollars on creating more spaces.
• The town isn't getting enough parking with mixed use development.
• Must make this change now to catch up, but look at parking as part of major
issues.
There were no members of the public wishing to address this public hearing.
The public hearing was closed at 8:50 p.m.
On a motion by Vice Mayor Burk, seconded by Council Member Butler, the following
was proposed:
ORDINANCE 2015-0-002
To Increase the Payment In-Lieu Parking Fee for Parking Requirements in the H-1,
Old and Historic Overlay District
Council Comments:
• Need comprehensive parking plan review.
• There was no enthusiasm from Council to limit the number of spaces that
could be purchased through this program.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: None.
Vote: 7-0
11. RESOLUTIONS AND MOTIONS
a. Approving the Town Attorney Contract
On a motion by Council Member Butler, seconded by Vice Mayor Burk, the following
was proposed with Council Member Burk as the nominee:
MOTION 2015-002
I move to approve the Town Attorney Contract, as presented.
Council Comments/Questions:
• Comfortable with this direction.
• Felt that the public should be aware that this was not a unanimous decision of
Council.
• Quality of candidates was very good and feel comfortable extending this
contract to Ms. Notar.
The motion was approved by the following vote:
Aye: Burk, Butler, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: Dunn
Vote: 6-1
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c. Making a Recommendation to the Circuit Court of an Appointee to the
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Board of Zoning Appeals
On a motion by Vice Mayor Burk, seconded by Council Member Dunn, the following
was proposed with the nomination of Christopher Colsey:
RESOLUTION 2015-020
Recommending a Candidate for Vacancy on the Board of Zoning Appeals to the
Circuit Court
Council Comment/Questions:
• Mr. Colsey has the background necessary and has indicated his willingness to
inspect the sites that are being discussed.
• Mr. Colsey's experience is relevant to the planning process.
• Impressed with Mr. Colsey's willingness to do the research to make informed
decisions.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Fox, Hammler, Martinez, and Mayor Umstattd
Nay: None.
Vote: 7-0
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Tuscarora Crossing
On a motion by Council Member Hammier, seconded by Vice Mayor Burk, the
following was proposed with the amendment of adding the words `power plant"to the therefore
resolved section:
RESOLUTION2015-021
Tuscarora Crossing
Council Comments:
• This particular application is important as it sits on the eastern gateway to the
town.
• Appreciate all the time the Board has spent reviewing this application and the
request for Council to comment.
• The Town Plan does not call for residential in this specific area.
• Additional vehicle trips would further congest the area transportation
network.
• County-wide, the more houses that are added creates a greater imbalance
between residential and commercial.
• It is important to realize how different the County and Town plans are and
this creates an opportunity to look at these areas comprehensively.
• Need to respect buffers that are important for the citizens.
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• Changing from commercial to residential development creates higher impacts
to the services that will need to be provided.
• Understand the resident's concerns about heavy industrial and power plants,
but those can be changed.
• Applicant used fear to try to gain neighborhood support.
Council Member Dunn suggested the following friendly amendments:
1. Remove the word `plant"as a modifier to the word "quarry"in the second
"whereas".
2. Remove the next two "whereas"clauses.
3. Remove the second to the last "whereas"clause on page 2.
4. Not recommend denial, but to create a CPAM that would create other zoning
options by adding "with the goal to initiate a comprehensive plan amendment and
to review uses of the entire parcels in the PD-GI zone for other uses which do not
include industrial".
The amendments were not accepted as friendly.
Council Comments:
• Resolution is substantive, but difficult to support as the Tuscarora Crossing
rezoning will be revenue positive for the town's finances.
• Because application is not within town limits, costs for additional services
would be low, but there would be 576 residences and 1.5 million square feet
of commercial property buying water at out of town rates.
• Revenue from water is very significant compared to revenue from real estate
taxes.
• Development is similar to the Village at Leesburg in scope, scale and proffers.
• Perception that commercial is more profitable for the town is not true—
setting
• If the county denies this application, it will lose $43 million in transportation
improvements, utility and meals tax revenue, and significantly increase the
risk that heavy industrial uses will be developed next to Kincaid Forest.
• Recommend that the Council not provide any input above and beyond what
has already been provided.
• The appropriate avenue of comment is through the Annexation Area
Development Policy Committee.
• This is about quality of life for Leesburg residents for generations and the
future of the eastern gateway to the town.
The motion was approved by the following vote:
Aye: Burk, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: Butler and Dunn
Vote: 5-2
15. COUNCIL COMMENTS
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Council Member Dunn stated even if Tuscarora Crossing is approved, it will end u
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in some other developer's hands who will further rezone the project. Heavy industrial was
retained on the property despite efforts to have it changed to mixed use. He also noted that
utility payments go directly to the utility fund and not the general fund. He stated he has no
disclosures.
Council Member Butler stated that development outside of town may be able to pay
for its transportation impacts and give the town the ability to reduce utility rates. He
welcomed Ms. Notar as the new Town Attorney. He apologized for missing the Martin
Luther King Day events because of work.
Vice Mayor Burk stated she had no disclosures. She congratulated Ms. Notar. She
congratulated Mr. Colsey on his recommendation for appointment to the Board of Zoning
Appeals. She stated the Martin Luther King Day march was a great, inspiring event.
Council Member Martinez stated his regrets for missing the Martin Luther King Day
events. He congratulated Ms. Notar on her appointment.
Council Member Hammier disclosed a meeting with Dieter Meyer in his private
capacity regarding several projects in the downtown. She stated he had some good
suggestions, from a BAR prospective, of some areas where there might be some areas for
administrative review that could facilitate the process. She stated she will be bringing those
forward. She stated she attended the Martin Luther King Day march as well as the chorale
concert the evening before with the Loudoun Presbyterian Church, the Leesburg United
Methodist Church, the Holy Trinity Brass Quartet and the Holy Trinity Lutheran Church
Choir. She stated the Public Arts Commission helped sponsor that event. She stated she
attended the coffee with Kaj which was a great opportunity to reach out and answer
questions. She stated that Scott Parker did a great job at the parking public input session,
which will help Council get ready to discuss this subject. She thanked staff for the memos
on the FAA and the metro situation with rapid shuttle. She stated it appears that many
people need to come forward to express how important it is to have a rapid shuttle from
Leesburg and other areas to the Metro station. She stated she is looking forward to the
Major Issues work session. She stated she has a meeting with her appointees on Friday and
has distributed the booklet to the Tech Commission. She stated she will be attending the
VML meeting with staff on Wednesday, which will be a great opportunity to network with
legislators. She congratulated Parks and Recreation for earning best of Loudoun in the
categories of Best Community Event/Festival, Best Summer Camp Program, Best
Recreational Facility, Best Fitness Center and Gym, and Tennis Courts and Best Dog Park.
She thanked staff for doing the improvements necessary to keep the Dog Park usable despite
wet weather. She congratulated Ms. Notar on her appointment as Town Attorney.
Council Member Fox disclosed a meeting on January 22 with Jay Sotos and Tim
Alexander from Clark Realty about the Potomac Station Marketplace development. She
also welcomed Ms. Notar as Town Attorney. She updated Council on Tech Comm
Commissioner Ryan Washington who had an accident last week noting that he is up and
walking with the assistance of a walker. She stated she attended the Martin Luther King
Day march with her husband which was an honor. She stated she attended the networking
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event at Ida Lee to meet the new commissioners and some staff. She stated she will be
taking the Certified Planning Commissioner course in Richmond this week.
16. MAYOR'S COMMENTS
Mayor Umstattd disclosed a meeting with representatives of the proposed Crescent
Parke development off Davis Avenue. She noted this will be a residential community with
some office uses. She stated she attended the Rescue Squad Banquet with Vice Mayor Burk
and Council Member Butler and also attended the Martin Luther King Day events with
Vice Mayor Burk and Council Members Hammier and Fox. She stated the keynote speech
for the Martin Luther King Day event was very thought provoking and thanked Tammy
Carter for her work putting it together. She thanked town staff for being present in case
there were problems with the electricity on the courthouse grounds and the town's police
department for their support. She complimented Council Member Fox and Vice Mayor
Burk's new Boards and Commission nominees. She stated she will not be able to attend the
VML event in Richmond.
17. MANAGER'S COMMENTS
Mr. Dentler publicly congratulated Ms. Notar on her appointment as Town
Attorney. He stated that Ms. Notar has his full support.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Butler, seconded by Council Member Martinez, the meeting
was adjourned at 9:41 p.m.
Kris ems' stattd, Mayor
Town of Leesburg
ATT:ST-
Clerk of Coin
2015 tcmin0127
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