HomeMy Public PortalAbout2004_09_27Council Work Session
September 27, 2004
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan B. Horne,
Melinda Kramer, and Mayor Umstattd.
Councilmembers Absent: Vice Mayor Martinez and Councilmember Zoldos
Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Director of Engineering and Public Works Tom Mason, Director of Planning,
Zoning and Development Susan Swift, Chief of Police Joe Price, Director of Finance
Norm Butts, Director of Utilities Randy Shoemaker, Director of Capital Projects Nagi
Elsewaissi, Director of Economic Development Betsy Fields, Budget and Management
Officer Mlike Freda, Traffic Engineer Calvin Grow, Town Arborist 3ay Banks, Chief of
Current Planning Lee Phillips, Senior Planner David Fuller, and Clerk of Council Judy
Ahalt.
AGENDA ITEMS
Agenda for Council Meeting of September 28, 2004
a. Petition for residential permit parking zone in the Carrvale
Subdivision (Appletree Drive, Birch Street and Cherry Lane) -
Public Hearing
Traffic Engineer Calvin Grow explained that a petition for a permit
parking zone designation on the 100 and 200 blocks of Appletree Drive,
the 900 block of Birch Street and the 100 block of Cherry Lane was
submitted to the town by all of the residents along these roadways.
He stated the town studied the area to see if the neighborhood met
the requirements set forth in the Town Code.
Mr. Grow stated the Department of Engineering and Public Works
recommends that a residential permit parking zone be established
between the hours of 10:00 P.M. and 6:00 A.M. on Appletree Drive
between Plaza Street and Birch Street, Birch Street between Cherry Lane
and Appletree Drive and Cherry Lane between Edwards Ferry Road and
Birch Street.
b. Amending Chapter 10 of the Town Code to include Section 10-
134 increasing penalty for speeding on North King Street
between North Street and Oakcrest Manor Drive.
Calvin Grow explained a petition was presented to the Standing
Residential Traffic Committee proposing to impose an increased penalty of
$200.00 for speeding in the residential area of North King Street.
He stated that speed studies and selective police enforcement have
demonstrated that speeding is a continuing problem on North King Street
from North Street to where the speed limit increases to 35 mph as
motorists travel northbound.
Town Council Work session Minutes for September 27, 2004 Page 2
The Standing Residential Traffic Committee and town staff
recommended that Council amend the Town Code to impose an additional
$200.00 penalty for speeding on North King Street in the residential
district from North Street to Oakcrest Manor Drive, NE.
Mr. Grow stated that additional signs and permanent flags would be
added designating the additional fine.
Councilmember Hammler verified that other jurisdictions are using like
signs and questioned whether the Police Department could keep up with
enforcement.
Further, she stated living in this area she does not have the impression
of speeding.
¢. Authorization to establish the Vanta§eCare Retirement Health
Savings Plan throu§h the TCI~IA-RC for all regular town
employees.
Mr. Noe advised Council that this issue is far more complex than
anticipated and he would like to delay Item "d" for further discussion.
He added that items "c" and "d" both should be pursued only if there is
no cost to the town.
Norman Butts addressed Council regarding establishing a savings plan
through ICMA-RC for all town employees. He stated employees could
contribute pre-tax dollars that could be used to purchase tax free benefits
related to health insurance. Further, Council would have to pass a
resolution adopting the plan and at the same time authorize entering into
a plan agreement with ICMA.
The Mayor asked the cost to the town?
Mr. Butts said it could be structured in different ways.
Councilmember Burk stated she is uncomfortable with a blanket
resolution without specific details.
Councilmember Kramer verified the benefits are pretax and will go into
a non-tax fund.
Councilmember Horne stated she would like to see an analysis from
Human Resources and whether all employees would be able to participate.
Councilmember Hammler stated she would like additional information.
Mr. Butts stated this proposal should have additional evaluation and
discussion.
Authorization to establish the "Final Pay Program" through the
ZCMA-RC for all regular hourly town employees.
Mr. Noe asked that this item be deferred.
Town Council Work session Minutes for September 27, 2004 Page 3
e. Approving amendments to the FY 2005 Budget to fund the
Crescent District Master Plan.
Mr. Noe He stated his belief that bonds should fund the study
and paid for over a 20-year period; however, bond funds are not available
until Council decides to sell them. He stated the most sacred pot of money
is the fund balance and it should be tapped only in a dire emergency.
Mr. Noe stated the Economic Development Department has
approximately $100,000 in their budget; however if they were to
contribute $40,000, their advertising campaigns will suffer significant
implications. He stated the Planning Department and Town Manager's
offices could contribute. Further, he stated there isn't money sitting
around to be allocated.
He added one option would be to require every department to come up
with a specific amount of money.
Councilmember Kramer agreed the funds should not all come out
of the Economic Development Budget stating it is more of a capital
expenditure item.
Councilmember Burk stated she would be opposed to taking $40,000
out of the Economic Development budget.
Councilmember Horne said it would be a mistake to take money out of
the Economic Development Department budget. She added considerable
money has been spent on design work for the town branch and possibly
there are funds available to be borrowed from that project.
Councilmember Hammler stated the Crescent District is very critical to
the development of the downtown and this is a good opportunity for a
public/private partnership. Further, she stated the need to attract
shoppers from the outlet mall to the downtown.
Mayor Umstattd suggested deferring a vote until after the hot
spot meeting with the Planning Commission.
Karen .1ones stated these issues are of vital importance and suggested
deferring discussion until the meeting with the Planning Commission. She
stated it is unfair to take all funds from Economic Development. Further,
she stated Crossroads had discussed raising money for the project, but
felt it is the town's job to do so.
Betsy Fields addressed measuring for how advertising money is spent.
She stated we could only measure the effectiveness through the use of a
1-800 number.
Approving the downtown parking improvement plan for
Leesburg~ Virginia
No discussion.
Town Council Work session Minutes for September 27, 2004 Page 4
2. N.E. Leesburg Street improvements - Lowenbach Subdivision
Nagi Elsewaissi provided a slide presentation showing daily traffic counts for
the Lowenbach Subdivision.
He stated some residents of Catoctin Circle are opposing the road
improvements and not cooperating in signing their easements. He stated final design
is currently underway and right-of-way and utility pole relocation work will begin in
Winter 2004. Further, the bidding and award of contract should take place in Spring
2005 with construction in Summer 2005.
The Mayor commented on the loss of parking at the Loudoun Baptist Temple.
Mr. Elsewaissi stated the town is working with the church regarding other
parking options.
Pastor Nichols, Catoctin Circle, addressed Council stating he knows that the
road improvements will eventually need to be done and the church will work through
the issues.
He identified the concerns of the church as follows: (1) total loss of 27
parking spaces, (2) loss of the church's use of church property along Catoctin Circle
NE during preconstruction and construction phases, (3) permanent loss of use of
church property for new drainage easement, (4) limited ingress and egress from
church parking areas during construction phase, (5) permanent loss of ingress and
egress areas from church parking areas during construction phase, and (6) need for
improvements to church property to accommodate the road, sidewalk and
landscaping elevations.
Pastor Nichols stated the church plans to aid the town by providing access to
and use of church property along Catoctin Circle during preconstruction and
construction and the use of a portion of the north parking area for construction
staging, materials storage and equipment storage.
The church proposes these changes in exchange for compensation to allow
the church to improve and pave church parking areas and provide associated
landscaping and necessary improvements.
Mayor Umstattd asked if Councilmember Zoldos requested the opening of
Washington Street and Queen Street be on the agenda and whether there will be a
vote tomorrow night?
Councilmember Hammler stated staff recommends the barricades not be
removed until all the improvements were completed.
She referenced a letter from Sarah Smith, Leesburg School Board Member,
asking that the barricades not be removed until the improvements are finished. The
reason for this request was safety issues for school children.
Further, Councilmember Hammler asked who would be paying for these
improvements and whether Exeter Hills would be contributing.
Mr. Elsewaissi stated there are no offsite improvements by Exeter.
Town Council Work session Minutes for September 27, 2004 Page 5
Councilmember Horne stated we have all got to share the burden of the traffic
in this community. There are no safe places for people to walk. She asked for an
expedited process to get easements for the improvements.
Councilmember Burk stated she believed that Councilmember Zoldos asked
for a vote on this issue tomorrow night.
Mr. Noe stated he did not recollect that a vote would be tomorrow night. He
accepted any blame for the oversight.
He added that there was a split recommendation from staff to remove the
barriers.
The Mayor stated Vice Mayor Martinez's concern that Council not open
Washington and Queen Streets without improvements in place.
Mayor Umstattd stated her belief that Council prefers to not vote tomorrow
night.
Councilmember Horne asked how we could avoid delays that were
experienced in the Wilson/Pershing situation?
Mr. Elsewaissi stated we could follow the state expedited process.
Councilmember Kramer stated her desire to follow the time line that we have
already set.
3. Tree Commission Report on the Wilson/Pershing Zmprovements
Project
Mary 3ane Freeman, Wilson Avenue, addressed Council regarding the Wilson/
Pershing improvements. She stated it was her impression that this issue was
resolved and urged Council to move forward with this project.
Ms. Freeman commented on a citizen comment that residents were unaware
the town would be asking for temporary easements. She provided a copy of a letter
dated June 16, 2003 from the Capital Projects Administrator to property owners of
Wilson Avenue and Pershing Avenue notifying residents that Council had approved a
resolution on 3une l0 to direct town staff to proceed with the improvement project.
She added the life of a child is more important than the loss of trees.
Eight residents stood in support of Ms. Freeman's comments.
Frank Ruggles, 10 Wilson Avenue, addressed Council. He stated he is aware
that easements are needed; adding the lack of communication along the way has
been an issue. He stated his concern for the safety of children in the neighborhood.
He said trees will be negatively impacted and those that are should be removed and
replaced with similar trees. He asked that a vote on condemnation be delayed.
Ten residents stood in support of Mr. Ruggles position.
Earl Hower, Chairman of the Tree Commission, addressed Council. Mr. Hower
stated he toured the site. He stated the Tree Commission had a lengthy discussion
Town Council Work session Minutes for September 27, 2004 Page 6
with residents and a private arborist. He added that some citizens were unaware of
a .luly design modification.
Mr. Hower stated the commission's observations are that there was an
adequate review from the planning staff, however, the street design is questionable.
The commission recommended as follows: each capital project should require
a tree management report to address anticipated tree impact, protection,
replacement, and maintenance; the town's Urban Forester should review each
Capital Improvement Project tree management report; if the town's resources are
limited, a project arborist should be sub-contracted out by the Office of Capital
Projects; the town should incorporate street trees as an active component of such
capital projects; long-term damage assurance should be provided to property
owners; capital projects must comply with the no-net-loss-of-tree Zoning Ordinance
requirement; the town should improve the size of replacement trees; add
precautions to monitor tree protection areas; anticipate similar problems with other
capital improvement projects; add trees to future storm water control projects; and
a create an Urban Forest Master IVlanagement Plan.
Councilmember Kramer thanked Mr. Hower for the excellent presentation.
She stated the trees should carry a warranty by the company installing them.
Further, residents should take ownership and care for the trees project to have a
tree management report.
Councilmember Burk stated her appreciation to the Tree Commission for the
timely response on this issue and concurred with their recommendations.
Councilmember Home thanked Hr. Hower for the excellent presentation.
Councilmember Hammler echoed the comments of other Councilmembers.
She stated trees add a tremendous amount of value to homes. She thanked Mr.
Elsewaissi for all of his hard work. Further, she stated her support for the Tree
commission's recommendations, with a footnote to bring in a specific arborist to do
an inventory for existing trees.
She discussed a block assessment program utilized in Arlington County and
asked staff to look at what ordinance changes we can make to add to the value of
property.
Mr. Elsewaissi stated the Urban Forester did an initial evaluation on
Wilson/Pershing in 2002 and identified 19 endangered trees in the public/private
right-of-way and five on private property. He added there have been several design
changes on this project. Further, the Siberian Elm trees on Wilson Avenue would
suffer some impact, but would live.
He stated the process would be followed for each street prior to construction
with an inventory of trees removed and to be replaced on a 1-1 basis. Further, he
explained our standard processes as compared to Arlington County.
Mr. Elsewaissi stated seven temporary easements remain to be acquired, no
trees are earmarked for removal in easements and any trees lost due to construction
will be replaced.
Town Council Work session Minutes for September 27, 2004 Page 7
Peg Saunders, 115 Pershing Avenue, addressed Council. Ms. Saunders stated
she couldn't believe we are discussing the Wilson/Pershing improvement issue again.
The added the town has spent $100,000 on this project so far and it has gone
nowhere.
Kevin Wright, 109 Pershing Avenue, addressed Council. Mr. Wright stated the
improvements have been approved and funded. The neighborhood still needs the
project; flooding and drainage problems continue, and the need for sidewalks to
improve pedestrian safety. Further, he asked Council to move forward without
further delay.
Frank Sorio, 8 Wilson Avenue, stated he purchased his home in August 2004.
He stated he is concerned with child safety and the survival of the trees.
Mike Cumminqs, Wilson Avenue, stated it is ridiculous to continue to revisit
this project. He stated there is a lot of foot traffic in this neighborhood and
persistent drainage problems. Further, he urged Council to move forward with the
project.
4. Bolen Park Update
Mayor Umstattd stated the Loudoun County Board of Supervisors did not vote
on the Bolen Park special exception.
Susan Swift stated the county deferred to the .loint Land Use Committee and
that property may be connected with one of the new development applications
submitted. She added the town would get a referral when the county reviews the
application.
Councilmember Kramer asked that Council be advised when a referral is sent
to the town.
hat the town be allowed more time to respond to a referral so that the
Planning Commission has an opportunity to meet on it.
Councilmember Horne stated that changes in Bolen Park would impact the
proposed site at that location for a park and ride lot.
5. Proposed value engineering on the Loudoun Street Addition
Councilmember Home stated this is a new era of managing resources for
public projects and we have the opportunity to be good stewards of projects
underway.
Mr. Elsewaissi stated value engineering is a normal process the town follows
for large capital improvement projects.
Councilmember Kramer clarified we are following the standard operating
procedures on this project.
Councilmember Home stated she would like to support Mr. Elsewaissi on this;
it is good stewardship.
Mr. Elsewaissi verified a Council vote is not required since this is the standard
operating procedure.
Town Council Work session Minutes for September 27, 2004 Page 8
6, Hot Spot Planning
Susan Swift referenced her memo regarding the down planning of certain
parcels. She stated her concern with discussing in a public forum changes to the
Town Plan for a site with a pending application. Ms. Swift stated she would set up
individual meetings with Council members if they desire.
She stated her concern with openly discussing the technical issues and
complexity of the Meadowbrook and KST site.
Councilmember Horne stated her concern with the disconnect between the
revisions to the Town Plan and managing the expectations of those make
applications. She stated there is very significant movement in the development
community with some of the last remaining property we have. She added we should
make the best decision possible and be fair to the development community and let
them know what the town expects.
Councilmember Hammler questioned if Council could legally go into a closed
session to discuss this issue?
Councilmember Kramer concurred with Councilmember Horne's comments.
Hr. Donnelly stated the comprehensive plan is the single most important
element in evaluating a rezoning case. ]:f an application is turned down that is in
accordance with the Town Plan, it would be very difficult to sustain in court. He
added there is no legal reason why a comprehensive plan cannot be amended after
the rezoning application has been filed.
Bill Donnelly stated Council could only go into a closed session to discuss legal
issues with a particular application
Mayor Umstattd stated one possibility is a special work session to discuss this
issue.
After further discussion, Council decided to hold a joint meeting with the
Planning Commission on October 7 from 7-9 p.m. to discuss hot spot zoning and
expediting of the Town Plan revision process.
7. Water and Sewer availability fees for restaurants
Mr. Donnelly stated legally it is very difficult to justify a different rate for one
group over another. He stated Spotsylvania County works with an TDA to set up a
revolving fund. During each budget session they make a grant to an ]:DA to be used
for economic development purposes. The jurisdiction then enters into an agreement
with the ]:DA to have money go to them with mutually agreed upon criteria as to
what the money would be used for. Further, he stated Spotsylvania is pleased with
the way this revolving economic development fund using the :[DA works as a conduit.
The Mayor asked if we could specify what type of restaurants?
Mr. Donnelly stated as long as there is some economic distinction between
one restaurant over another.
The Mayor asked Betsy Fields and Bill Donnelly to take the lead on this issue.
Town Council Work session Hinutes for September 27, 2004 Page 9
Betsy Fields stated she has spoken with the county regarding how they use
TDA's and ways to establish criteria for the kind of businesses you want to attract.
Councilmember Hammler suggested possibly funding with Utility Funds.
8. Tssue Based Retreat
Councilmember Hammler stated ida Lee would be a good venue for the
retreat. She added she would like to wait until the new Town Manager settles in
before scheduling.
Councilmember Horne stated a retreat would help Council on multiple levels.
She stated it would not only provide a better feel about where Council is going, but
would provide measurable goals and objectives with a report back to the citizens at
the end of one year.
The Mayor asked individual Council members to create a list of goals for the
Council and include quantifiable measures.
Tt was decided that the retreat would occur in November.
9. Authorizing the use of electronic billboards to advertise municipal
elections
Mr. Donnelly stated he has a call in to the Justice Department to verify that a
pre-clearance is not required.
Councilmember Hammler stated the Town of Purcellville used electronic
billboards in the last election.
Councilmember Horne asked that the public safety aspect be addressed. She
suggested a possible collaborate effort with the League of Women Voters and the
voter registration office.
10. 60/40 Ratio follow-up presentations
David Fuller gave Council a briefing of the joint meeting with the Planning,
Economic Development, and Environmental Advisory Commissions, which calls for
residential properties to account for no more than 60 percent of the town's real
property tax.
He stated the meeting ended with the commissions asking staff to answer
what are the costs associated with revenue information presented in January and
what are the various taxes in addition to real property taxes.
He gave the following statistics: real property tax 80/20; non-real property
revenues 50/50; and total revenues 60/40. Additionally, comparing costs resulted in
80/20.
In conclusion, he stated that each business' tax is two times a dwelling and
the 60/40 ratio is not achievable.
Councilmember Burk verified staff has not found a locality with a 60/40 ratio.
She stated as she reviewed the data she concluded if the town ever came close to
the 60/40 ratio it would not be the kind of place in which she would want to live
Town Council Work session Minutes for September 27, 2004 Page 10
given the amount of land available and what type of development would have to go
in there to produce that ratio.
Councilmember Horne verified for each residential unit the town is loosing
$601 and for every commercial enterprise the town nets $4,584.
Mr. Fuller stated that is typical of most jurisdictions that businesses pay more
in taxes.
Councilmember Hammler stated the main concerns that she continues to hear
from residents are taxes and traffic. She stated it is clearly in the town's interest to
do balanced business development. Further, she stated we need to examine the
types and quality of jobs given we are dealing with a highly educated population.
Councilmember Hammier stated so many organizations in the town are non-
profit and in some ways the town is legislating projects that would add to that ratio
of non-profit organizations taking up development space.
Mayor Umstattd thanked Mr. Fuller for a copy of his report stating it is the
most helpful pieces of staff analysis Council has received in a long time.
11. Authorizing the donation of a surplus vehicle
Chief .]oe Price stated the surplus vehicle is a 1995 mini-van and the police
department recommends donating to the Citizens Support Team. He stated the
support team would use the vehicle for child safety programs.
There was no Council discussion on this item.
12.
Preview items for October 12, 2004 work session
a. Downtown Streetscapes Features - Proposed Town Code Revision
There was no Council discussion of this item.
Water Pollution Control Facility Expansion Construction Contract
Award
There was no Council discussion of this item.
13. New Business
Councilmember Burk stated a while back she had asked that a form be
created for Council to complete when they meet with business and developers.
Mayor Umstattd stated it should have appeared already on an agenda for
discussion and asked that it be placed on the next agenda.
Councilmember Burk verified the county would be providing Council with a
quarterly report on commuter parking.
Councilmember Burk thanked Hr. Noe for his assistance in procuring copies of
the Leesburg Walking Guide for three middle schools. She asked that a letter be
drafted from the Mayor offering these books to the schools and would present them
to the Loudoun County School Board to be made part of the curriculum.
Town Council Work session Minutes for September 27, 2004 Page
Councilmember Kramer noted that several parents were late to her son's
baseball team game because of the commuter traffic. She stated we need to be
aware of this issue.
Mayor Umstattd stated Mitchell & Best would like to provide a temporary
commuter parking lot on the Barber and Ross property. Unfortunately, it is not a by-
right use in that zoning district and would require Council action to change the
Comprehensive Plan and or the Zoning Ordinance.
Councilmember Home asked if the parking spaces are currently available?
Mayor Umstattd stated December would be the earliest availability. Mayor
Umstattd stated a rezoning would be required. Further, she stated she is unsure if
there is a faster regulatory process.
Susan Swift stated she was unsure if Mitchell & Best was still interested in
having this temporary use on their property, as it was not included in their original
submittal. She stated either a special exception or rezoning would be required and
recommended that the process be initiated by Mitchell & Best so has not to place the
burden on the tax payers.
Mayor Umstattd discussed the difficulties with the current commuter lot
location stating she would not have a problem with the town initiating a fast track
and holding joint hearings with the Planning Commission to get this online as quickly
as possible.
Councilmember Horne asked the status of the Giant parking lot in Potomac
Station as a commuter lot?
Susan Swift stated she does not have any information on that.
Councilmember Horne stated her most recent information came in a
September 14 report, which stated the county is still in negotiations for that site.
She discussed her concern for the residents who need a commuter lot and stated it is
unfair that the county has backed Council against a wall and has not allowed for any
meaningful dialog on this issue.
Councilmember Burk stated a county employee informed her that the
developer of the Potomac Station site was no longer interested in constructing a
commuter lot.
It was the consensus of Council to pursue a temporary commuter lot on the
Barber & Ross site, to expedite the approval process and to put a one-year time line
on the special exception or rezoning as a condition of approval.
Susan Swift stated she would notify Mr. John Clark with Loudoun County
Transportation him of Council's decision and that he will be the applicant in this
process.
Councilmember Hammler stated she will be attending the Virginia Municipal
League Conference and tomorrow night's consent agenda has a resolution approving
the Virginia Municipal League legislative program.
Town Council Work session Minutes for September 27, 2004 Page
Mayor Umstattd stated Council would usually pass a resolution stating general
agreement to the Virginia Municipal League legislative program because sometimes
they call for tax increases that individual Council members may not support.
Nicole Ard stated included in the Council packet is the proposal from the
Virginia Municipal League that they will be voting on next week. She stated also
included is a resolution stating Council's support.
Mayor Umstattd requested that the language in the last paragraph be
amended to add the word "generally" to state "generally supports the VML
preliminary program".
Councilmember Hammler asked that Council members email her with any
thoughts they have in terms of prioritization.
Mayor Umstattd stated her feeling would be to push the state for more
transportation funds.
Councilmember Horne stated Lt. Col. Phillips is not in town and asked that his
resolution of appreciation be deferred to a future meeting.
The meeting was adjourned at 11:03 p.m.
20o4_tcwsmino927
Z~:le~'~ of Council