Loading...
HomeMy Public PortalAbout2002_12_09 Council Work Session December 9, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, David Schmidt, Robert Zoldos and Mayor Umstattd. Councilmembers Absent: Marty Martinez Staff Members Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phil Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Director of Utilities Randy Shoemaker, Director of Economic Development Betsy Fields, Director of Human Resources Dona Wolf, Director of Parks and Recreation Kaj Dentler, Chief of Comprehensive Planning Randy Hodgson, Chief of Plan Review Paul Gauthier, Budget Officer Mike Freda, Assistant Zoning Administrator Kevin Lawlor, Capital Projects Administrator Nagi Elsewaissi, Senior Engineer Renee Lafollette, GIS Coordinator John Callahan, Budget Analyst Bob Berkey, Assistant to the Town Manager Nicole Ard, Management Intern Adam Brown, and Assistant to the Clerk of Council Deborah Parry. AGENDA ITEMS 1. Agenda for Council Meeting of December 10, 2002 a. Rescinding the November 26th Resolution to remove the LCVA sign at S. King and Catoctin. Mayor Umstattd stated the Loudoun County Visitor's Association has offered to purchase historic district signs sometime after the holidays. Linda Callagy of the Loudoun County Visitor's Association stated they recognize the value of the downtown businesses and would not try to move traffic away from the downtown. She further stated Council is on the right track with supporting the findings of the downtown consultants and the way finding system. She asked Council to re-install the sign and work together with the LCVA to promote tourism in the downtown. Councilmember Kramer asked for the popular consensus for a solution to the problem. Cheryl Kilday of the Loudoun County Visitor's Association suggested adding a historic district sign with a directional arrow to the LCVA sign. She further stated they would understand if Council wanted to wait until after the holidays to re-install the sign. Mayor Umstattd stated once the historic district signs are in place, she would support re-installing the LCVA sign. Councilmember Zoldos stated he could not support a motion to rescind. Councilmember Schmidt concurred with the Mayor. Town Council Worksession minutes for December 9. 2002 Paqe 2 Mayor Umstattd stated the LCVA should look into signage to direct people through the historic district and then around to the LCVA office so that visitors may take a right turn into the parking lot. Ms. Kilday stated it is easier to direct traffic from King to Catoctin than down Loudoun or Market and back around to Catoctin, which causes confusion. b. Authorizing funding and approval to proceed with the development of the Catoctin Circle Trail project in accordance with the 1999 grant award of $100,000 from the Virginia Recreational Trails Fund and authorizing the use of Ida Lee Park surplus bond funds in the amount of $225,000. Kaj Dentler outlined the project stating the past Council had deferred this item to the mid-year budget hoping surplus monies from the Ida Lee or Freedom Park projects could fund it. Further, he stated the guidelines for the grant stated the project must be completed by December 2002, however, the state has granted a year extension but Council must guarantee that the project will be completed by December 2003. Mr. Dentler stated the $225,000 would need to come from Ida Lee Park surplus funds. Councilmember Schmidt verified the trail could be completed on time. Councilmember Zoldos stated it is better to fund and complete the project than to return the money. Councilmember Buttery asked about the two additional parcels that need easements for the trail to go thru. Mr. Dentler stated only a small amount of land would be needed for drainage and grading. Councilmember Buttery asked if the contracts were made? Nagi Elsewaissi stated the plat was expected tomorrow for one parcel and the other just needs a small easement. Mayor Umstattd verified that neither landowner had agreed to the acquisitions. Councilmember Kramer asked if the trail would cross straight over West Market Street. Mr. Dentler stated the trail would travel straight across on the west side of the street. He further stated there would be safety problems if the trail crossed the street twice. Mayor Umstattd stated the town is facing budget constraints and the money would be better used to open Freedom Park. Town Council Worksession minutes for December 9. 2002 Page 3 Councilmember Schmidt stated the Ida Lee surplus money is separate from the Freedom Park surplus. Mike Freda stated Councilmember Schmidt is correct. There are two separate surpluses. The Ida Lee surplus was chosen because it is bond funding for parks purposes and could not be returned to the General Fund unless the money was reallocated and a public hearing was held. The Freedom Park funds had general fund money in it that could be returned to the General Fund for mid-year budget projects. Mayor Umstattd stated if the Ida Lee surplus funds were used to open Freedom Park, Council could put the Freedom Park surplus funds back into the general fund to fund different needs. ' c. Architect selection for Loudoun Street addition This item was discussed in conjunction with the Arcom lease item. 2. Arcom Lease Mayor Umstattd stated Arcom is agreeable to giving a flexible lease for five years or more for 10,000 square feet at a cost of $225,000 per year. Mike Banzaf stated if the Town does not wish to lease the space, Arcom may pursue other tenants or may choose to build less space. Mayor Umstattd verified Arcom needs a decision from Council in January. Mr. Noe stated building 22,000 square feet as opposed to leasing 10,000 square feet for a 20-year period would save the Town $600,000. He further stated the parking garage should be viewed as a separate issue. Bob Noe introduced David Rose from Davenport and Associates, the Town's financial advisor, to give an independent view of the Arcom proposal. David Rose, Davenport and Associates, stated the cost of building the Loudoun Street addition would be approximately $4 million at a 4.5% interest rate resulting in payments of $300,000 per year. This would give the Town 20,000 square feet as opposed to leasing 10,000 square feet. Mr. Rose stated the Arcom proposal increases payments at a rate of 3% per year, which would equal an average lease cost over 20-years of $30 per square foot. This equals or exceeds the monies to purchase a facility. Building out does not require the Town to use the entire 20,000 square feet; the extra space could be leased out until staff expands. In conclusion Mr. Rose stated because of the low interest rates the Arcom proposal would have to be greatly reduced to be worthwhile. Mr. Rose commented on the parking aspect of the proposal stating the parking situation would require a lease out of 40% of the spaces. In exchange the Town would get back about $1,000,000 in the value of the land. Further the assumption that the Town could rent the available spaces at a rate of $200 per month per space is on the high side. Mr. Rose stated the Town would be looking at a loss of several million dollars. Councilmember Zoldos stated Council would have to negotiate more favorable terms if they pursue the Arcom garage. Town Council Worksession minutes for December 9. 2002 Page 4 Mr. Rose stated Arcom is asking the Town to give them 122 spaces, however they expect the Council to pay for the garage. Usually when there is a public/private partnership and a company wants a certain amount of spaces, they are willing to pay for them. Councilmember Zoldos asked if Mr. Rose understands the Town would be getting the parking structure and the land on which it is built? Mr. Rose stated that instead of the Town getting the garage they are actually financing it themselves. Further, the ground is worth about $1,000,000, which results in the Town getting the garage for about $4,500,000. Further, the Town would be floating the debt and incurring all of the debt service because no one is coming through in paying this via long-term parking contracts. Councilmember Zoldos stated another item in the memo stated the Town could lease out any vacant space in the expansion and questioned why the Town would build 20,000 square feet if it will not be used in the next 10 years? Mr. Rose stated Council should look at whether it is building for today or building for the future in terms of accommodating growth. Councilmember Zoldos stated the one large flaw is that there are no parking facilities available for us if we build the expansion on Loudoun. Further, he does not agree we need a parking study. Mr. Rose stated he was not commenting on the necessity or availability of parking. Councilmember Kramer stated one of the items discussed with parking was building up on our existing garage. Further, as a Councilmember it is important for us to evaluate what we are doing for the future equally as much as what the budget incurs currently. Mr. Rose stated should Council move forward with the building addition, payments would not start until the project is in use by the locality. Mayor Umstattd stated her concern that Council has been provided with information which states the payback to the Utility Fund would be $250,000, but now are hearing $300,000 per year, what is the high end? If we lease, the monthly payment amount will be written in the contract and Council will know the maximum liability, which appears to be less than building a 20-year project. Councilmember Zoldos stated the estimate for building does not take into consideration the cost of furnishings and equipment. Councilmember Zoldos suggested the Town conduct a study of the current space. Councilmember Buttery asked if such a study had been conducted? Phil Rodenberg stated the staff has already converted five conference rooms into offices, and determined that about half of the staff work in substandard space. Further, Mr. Hanno Weber, the Town Hall architect, suggested Town Council Worksession minutes for December 9. 2002 Paqe 5 turning private offices into open space, which would gain a little space. Councilmember Zoldos stated a comprehensive study has not been done. Regarding Mr. Weber's suggestion, Mr. Noe stated the staff has not conducted a square inch by square inch study, but if you walk around the building you will see that conference rooms have been converted to office space and that private offices have been subdivided. Councilmember Zoldos suggested subdividing the basement into office space. 3. Phil Bolen Park Master Plan - Debbie Heimburger - Loudoun County Parks and Recreation. This item was deferred to the January 13, 2003 Worksession. 4. ECHO request for reduced fee or free room use at Ida Lee. Councilmember Zoldos stated Every Citizen Has Opportunities (ECHO) is requesting to have the fee waived or reduced for their annual holiday party at the Isaac Walton Park. The normal charge would be $50.00 per hour for a total of $200.00. Mayor Umstattd stated the Council's past policy is to not waive fees. Councilmember Schmidt stated the Council should be consistent in its policies even though this is a worthy group. Councilmembers Buttery and Kramer concurred with Councilmember Schmidt. Kaj Dentler stated this is not a large sum of money, but could set a precedent if we were to waive the fee. Councilmember Zoldos stated he would personally pay the fee. S. Water and sewer fee reimbursement follow-up - Monroe Technology Center Nicole Ard stated in 1991 the Town Manager denied a request for a fee wavier, but a donation was made from the general fund. Mayor Umstattd asked why the cost for the water and sewer fee was not passed on to the purchaser. Mr. Greer, of the Monroe Technology Center stated the cost of the homes is determined by a comparison of the homes in the area and the cost of building the homes. He further stated he does not know why the cost of the water and sewer fees were not passed on to the purchaser. Councilmember Zoldos asked that a donation be made to the school in lieu of waiving the fees. Councilmember Buttery stated he concurred with the Mayor that the fees should be passed on to the purchaser. Councilmember Kramer stated a donation to the school would be a benefit to Town Council Worksession minutes for December 9. 2002 Page 6 the end user and not the school itself. Mr. Greer stated the donation would revert to the foundation. Councilmember Zoldos stated that although the homes are sold at market value, all of the money is reinvested in the next project. Mayor Umstattd stated if the purchaser pays market value then that should include the fees. 6. Comprehensive Zoning Ordinance Amendments Susan Swift stated the staff would respond to the comments made by Mr. Titus at the previous Council meeting. She stated another letter had been received from him which raises more issues and staff should have a response to him by Friday. Councilmember Schmidt stated he had missed Mr. Noe's comments on this item and asked him to reiterate them at a later meeting. 7. Status Report - Oaklawn at Stratford (Stowers Family Limited Partnership) ZM-159 Proffer Amendment/Concept Plan Amendment & Town Plan Amendment TP-02-01 - Applicant Request for Public Hearing. Susan Swift stated this application is not ready for a public hearing. Further, she stated this opinion is not based on the substance of the application, but on the lack of detail, which is needed to review and analyze. Ms. Swift also stated sending this to a public hearing at this point sets a bad precedent by which any applicant, whose application does not meet the code, can come to Council and demand a public hearing. Bill Donnelly stated the issue is whether this application has exceeded the 12 month requirement. He further stated there is no opinion stating if the 12 months begins when the application is accepted or when it is complete. He further stated he could not predict how a court would rule on this issue. Councilmember Buttery asked what the penalty would be if a court found that the town had exceeded the 12-month limit? Mr. Donnelly stated the Court would likely send the issue back to Council and order a public hearing to take place. Randy Minchew, attorney for the applicant, stated they are requesting a public hearing because each time they respond to staff's questions, more are sent. There seems to be no light at the end of the tunnel. Further, he takes issue with staff's view of the application as incomplete considering staff accepted the application over a year ago. Councilmember Schmidt asked the applicant if they were certain they would like to proceed with a public hearing giving staff's statement that they do not have enough information to make a recommendation on the project. Mr. Minchew stated Council guidance is needed. Town Council Worksession minutes for December 9. 2002 Paqe 7 Councilmember Buttery asked what the major issues were with staff. Mr. Minchew stated staff has asked for a heightened level of design. He further stated they would like to have some flexibility in the zoning to adapt to the market. Councilmember Buttery verified the residential and commercial density will stay the same as the old application. He further asked if the Greenway is supportive of the proposed Battlefield connection? Mr. Minchew stated the Greenway is supportive. Further, Mr. Minchew stated a new package was filed in November and they expect to hear staff's response soon. Councilmember Kramer asked Brian Cullen if the applicant is willing to negotiate the configuration of the Greenway ramping? Mr. Cullen stated the applicant would be more than willing to negotiate this matter, he further stated the Greenway is very supportive of their option. Councilmember Kramer suggested the Town, VDOT, Greenway and applicant get together to discuss this issue. Mr. Donnelly stated unless there has been new information from VDOT, their design is not compatible with that of the applicant and the Greenway. Mayor Umstattd asked if it was the consensus of Council to set a public hearing for January 14th. Councilmember Schmidt stated if the applicant understands the risk; he would support going forward with a public hearing. Ms. Swift stated there is a severe lack of information and they would be forced to proceed with what they currently have. Councilmember Zoldos asked Ms. Swift when she would recommend holding a public hearing? Ms. Swift stated she would not recommend a public hearing until staff has received all of the information needed to make a recommendation. Councilmember Buttery verified transportation is the major issue holding up this application. Councilmember Buttery asked if Ms. Swift's concern with setting a precedent was because of the transportation issues. Ms. Swift stated her major concerns are that this issue would be coming to Council without the minimum requirements and going to a public hearing with an incomplete application. Town Council Worksession minutes for December 9. 2002 Paqe 8 Councilmember Buttery asked Mr. Donnelly's opinion of Ms. Swift's concern of setting a precedent. Mr. Donnelly stated his concurrence with Ms. Swift's opinion. Mayor Umstattd stated if the applicant understands the risk of setting the public hearing, then legislation should be drawn up to set the hearing for the January 28th Council meeting. Mr. Donnelly suggested setting the public hearing for the first meeting in February to allow staff and the applicant more time. It was the concurrence of Council to set the public hearing for the February 11 th Council meeting. Mayor Umstattd asked Tom Mason to draft a letter to VDOT asking them to send a representative to discuss the Greenway interchange issues. 8. Mid-year budget Mike Freda outlined the fund history over the past four years and stated there is a projected FY 03 shortfall of $1,156,693. He explained that when the numbers are worked a conservative revenue increase is used; however, if you rework the numbers using the projected actual revenue increase the budget shows a shortfall of just $444,391. Mr. Freda also outlined the mid-year budget requests and stated the projects could be completely funded by the Freedom Park surplus funds. Councilmember Schmidt asked if funding the Catoctin Circle Trail would place an additional impact on the budget? Mr. Freda explained that the trail could be fully funded using the surplus Ida Lee expansion funds. Councilmember Schmidt asked how necessary the Parks & Recreation item increase is? Kaj Dentler stated the additional funds are needed for equipment and staff for the 20+ acres that will come with the opening of Freedom Park. He further stated that if the funds aren't approved the park could still be opened but his staff would be unable to properly maintain it. Councilmember Zoldos suggested delaying the funding of a parking study. Vice-Mayor Jackson and Councilmember Buttery concurred. 9. Naming the Airport terminal building Councilmember Buttery stated he hopes Council will support naming the facility in honor of Stanley Caulkins. Mayor Umstattd asked when this should be brought to a vote. Town Council Worksession minutes for December 9. 2002 Paqe 9 Councilmember Zoldos asked that this be placed on the agenda for the first meeting in January to give the Airport Commission the chance to vote on the issue. 10. O'Connor (separate memo from Town Attorney) Balls Bluff Park Tracts Boundary Line Adjustments Councilmember Zoldos stated based on conversations with Mark Herring and Kate Miller the incorporation of the O'Connor 10-acre remnants might be acceptable to the County. Further, this property is surrounded on three sides by incorporated land and it is accessible only by Town maintained roads. Councilmember Schmidt stated when Council voted on the school sites, he suggested the remaining piece of the property be brought into the Town. Further, the owner of the land has stated they would give the Town the option of whatever zoning category it wanted. Councilmember Buttery stated he would suggest following the Town Attorney's recommendation of caution regarding a Boundary Line Adjustment for the O'Connor property, however, he would support a Boundary Line Adjustment for the area adjacent to Veteran's Park. Councilmember Zoldos stated if any landowner such as the power plant were to claim this as a precedent, the Town could defend and win the action by pointing out that the County has accepted a boundary line adjustment of the O'Connor property but didn't do so for any other property. 11. Take home vehicle policy Mayor Umstattd stated this issue came from a discussion with a previous Airport Commission member and was then raised to Bob Noe. Bob Noe outlined the study that was conducted to look into the Town's take home vehicle policy which found that there are 12 vehicles for general town employees and 23 for police officers. He stated the police vehicles are a matter of competition to recruit police officers and was not addressed in the study. Two of the 12 employees were given use of the vehicles as a condition of employment from a previous Town Manager and it is recommended that they be left as they are. The study also did not focus on another six vehicles, which are used by employees who reside in the Town. The remaining four vehicles were the focus of the study. Mr. Noe stated the yearly net cost to the Town for all of the vehicles is $16,000, with an annual cost of $2,500 to $3,200 for each of the four vehicles, which travel out of town. He further stated most of the surrounding jurisdictions provide take home vehicles to employees with similar job descriptions. He concluded the policy should be tightened up a bit, but basically left as is, further this should not be elevated to the Council level, but should remain a Town Manager prerogative. Mayor Umstattd stated if it becomes clear that we are keeping track of mileage and if employees are charged as if this is a benefit and taxed, it should satisfy some of the concerns that have been raised. 12. Visitor's Center in Town Hall Marantha Edwards stated this is a short-term solution, which would require minimum capital in order to have a visitor's desk in the foyer of Town Hall and to Town Council Worksession minutes for December 9, 2002 Paqe 10 open the building for restroom use with the understanding that the visitor's center be relocated to the Loudoun Street addition when it is built. Councilmember Schmidt stated he would like to see this go forward not only for visitors, but also for residents who may come downtown knowing it is more convenient with the restroom use. He suggested not focusing on the cost, but the overall benefit to the Town. Councilmember Zoldos stated he agrees with the staff recommendation and asked staff to look into Kastle keys in lieu of changing locks or keys in the building. Vice-Mayor Jackson stated some people comment on the fact that he does not make a comment on each issue. He stated the reason for this is that if he has a question on an issue, he contacts staff before the meeting to resolve it. Further, he stated with regards to the LCVA sign, he and Mr. Zoldos drove out to look at the sign and the arrow was pointing into the service station instead of down Catoctin Circle. 13. Comprehensive Plan Process Susan Swift suggested Council either allow Planning Commission to take the lead role in this issue because of their knowledge in understanding how policies or scenarios would be applied or to utilize the Planning Commission and appoint a separate citizens advisory committee. Further, she stated because of the Planning staff's heavy workload with night meetings, if a citizen's advisory committee is formed, the Planning Commission meetings should be reduced to once a month. Councilmember Schmidt stated the Planning Commission should lead the revision, but should not take the place of a community council. He recommended Council go forward with the Mayor's suggestion that Council appoint one person to form a committee. Councilmember Zoldos concurred with Councilmember Schmidt, but stated the Planning Commission meetings should not be reduced to one per month. In addition Councilmember Zoldos stated a UGA workgroup met for the first time last week. Further, he stated he would ask for a vote tomorrow night to support this work group with minimal staff involvement. Vice-Mayor Jackson stated the Planning Commission should take the lead on this issue, but their meeting schedule should not be reduced. Further, if a citizens group is appointed, Council should appoint the members. Councilmember Buttery stated the Planning Commission should take the lead on this issue with input from Council and citizens. 14. NE Leesburg Improvements Tom Mason stated a survey was sent out to residents asking what types of improvements they would like to see to their neighborhood. Town Council Worksession minutes for December 9. 2002 Paqe 11 Nagi Elsewaissi gave a brief history of the neighborhood and outlined the responses received from the residents of Catoctin Circle, Prince Street, Queen Street and Washington Street. Councilmember Zoldos asked if the sidewalks would be brick or concrete? Mr. Elsewaissi stated the sidewalks would be concrete. Councilmember Buttery stated the residents of each street selected the minimum width option given for that street. He asked if the residents were given the option to maintain the current width of their street. Mr. Elsewaissi stated they were given the option of maintaining their current 20-foot width. Paul Kreingold, 207 Catoctin Circle, stated this plan is not the best for the neighborhood. He asked that all streets be connected with sidewalks on both sides and that the sidewalks be constructed of brick. He further asked that the utility lines be buried in the neighborhood and asked Council to either fix the neighborhood the right way or leave it alone. Chuck Jones, 112 Prince Street, asked Council not to make the improvements street by street, but rather improve the neighborhood as a whole and make the same improvements on each street. Bill Maqvar. Loudoun Baptist Temple, stated the improvements as discussed would take 26 parking spaces away from his church on Catoctin Circle. Mr. Elsewaissi stated the parking spaces must be removed because of safety issues with members of the church backing out of the parking lot onto the street. He stated the solution to compensating the parking spaces is to look at grading the rear of the church for parking. 15. Urban Forester duties Councilmember Schmidt stated this issue was raised from the Tree Commission level. Further, in looking through the job description it states the Urban Forester should be advising all departments in town with tree planting and tree issues. He stated according to the employee that is not happening. He asked if this is an issue of the employee not being assertive or is he not given the opportunity to provide input. Bob Noe stated the employee is not involved in everything he should be and the Town is in the process of making sure that the Town does get his advice everywhere it is needed. Councilmember Kramer stated she has spoken with staff, stating that it would be difficult for one person to do everything considering the growth of the Town. Bob Noe stated this is evaluated on a continuing basis. 16. Implementation of the Enterprise Geographic Information System John Callahan recommended that the Town Council move forward with the recommendation of the selection committee. Further, this was approved in the Town Council Worksession minutes for December 9. 2002 Paqe 12 budget of fiscal year 2002 in the amount of $102,500. This is a three-year contract, but if the funding were not available after year one, the contract would be cut. He further stated this program would allow staff the ability to make maps at their workplace and to assist citizens with property information. 17. Preview items for January 13, 2003 Town Council Worksession a. Amending Sections 12.1-10-11 of the Personnel Manual (Classification Plan> There was no discussion on this item. The meeting adjourned at 11:58 p.m. , Ciok/ udith W. Ahalt , Clerk of Council M i nutes/2002_tcwsmin 1209 .doc