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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 1 I Page COUNCIL MEETING January 27, 2015 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. 2 I Page COUNCIL MEETING January 27, 2015 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. 3 I Page COUNCIL MEETING January 27, 2015 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. 4 I Page 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? 5 I Page COUNCIL MEETING January 27, 2015 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: 6 I Page COUNCIL MEETING January 27, 2015 • This was brought forward after talking to a business that had to pay an � g PY 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. 7 I Page COUNCIL MEETING January 27, 2015 • 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 8 I Page COUNCIL MEETING January 27, 2015 c. Making a Recommendation to the Circuit Court of an Appointee to the g PP 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. 9 I Page COUNCIL MEETING January 27, 2015 • 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 10 I Page COUNCIL MEETING January 27, 2015 Council Member Dunn stated even if Tuscarora Crossing is approved, it will end u g pp � up 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 11 l Page COUNCIL MEETING January 27, 2015 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 12 I Page