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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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