HomeMy Public PortalAbout2005_05_09Council Work Session May 9, 2005
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, Marry Martinez, Bob Zoldos, and Mayor Umstattd.
Councilmembers Absent: None
Staff Members Present: Town Manager .lohn Wells, Interim Town Attorney
Elizabeth Whiting, Assistant to the Town Manager Nicole Ard, Assistant to the Town
Manager Kathy Leidich, Chief of Police .loe Price, Director of Engineering and Public
Works Tom Mason, Director of Planning, Zoning and Development Susan Swift,
Finance Director Norm Butts, Director of the Office of Capital Projects Nagi
Elsewaissi, Zoning Administrator Brian Boucher, Deputy Director for Utilities Aref
Etemadi, Budget/ Management Officer Mike Freda, Engineer Anne Geiger,
Management Intern Tami Watkins and Assistant to the Clerk of Council Debi Parry.
AGENDA ITEMS
7:00 p.m. Briefing - High School site North of Tda Lee - Bob Sevila &
O'Connor Family
Mr. Bob Sevila, attorney for the O'Connor family, introduced John
Cunningham, Loudoun Country Day School Board of Trustees. Mr. Sevila stated he
is here to discuss the O'Connor family property to the east side of the Route 7/Route
:[5 Bypass. Further, he stated the Loudoun County School Board has asked that
Council pass a resolution to extend water and sewer to another portion of the
O'Connor property along Route :[5 Business, just north of Ida Lee.
Mr. Sevila stated given the County has moved the opening date for this new
high school to September 2009 Council should take the time to consider the site on
the east side of the Route 7/Route 15 Bypass. He stated the transportation
improvements needed to locate the high school at this site could be completed by
2007, well before the projected school opening in 2009. Further, he stated students
coming from the north to this site will have to pass through the dangerous
intersection at Route 15 Business and the Route 15 Bypass, therefore the School
Board should be required to submit a traffic study and make necessary
improvements to this site as it would be required from any other developer.
Mr..lohn Cunningham, Loudoun Country Day School, stated town staff has
been working with Loudoun Country Day School and the O'Connor family for over a
year regarding the relocation of the school. He stated there is an alternative site
which would provide land for a Loudoun County high school while allowing the
Loudoun Country Day School to keep their desired site. Further, he stated this
would allow needed transportation improvement costs to be shared by all parties.
Councilmember Kramer verified Loudoun Country Day School is interested in
purchasing 50 acres for a new school. She asked where that would be located on the
O'Connor property.
Mr. Cunningham stated Mr. O'Connor has said that if the School Board takes
the property at their preferred site he will not sell any property to the town or to
Town Council Work Session Minutes for May 9, 2005 Page 2
Loudoun Country Day School. Further, he stated the special exception for the
current Loudoun Country Day School is set to expire in a year.
Vice Mayor Martinez verified the total acreage of both sites is 250 acres and
asked what the O'Connor family plans to do with the remainder of the property after
50 acres are sold to Loudoun Country Day School?
Mr. Cunningham stated 50-60 acres are floodplain. He stated in an effort to
reach a resolution the O'Connor family is willing to sell some land to ]:da Lee.
Councilmember Burk asked why Loudoun Country Day School is not
considering the other O'Connor site.
Mr. Cunningham stated he would consider another site; however, the
O'Connor family has said that they will not sell another portion of the property if
Loudoun County takes a portion of their land.
Councilmember Burk verified Loudoun Country Day School would anticipate
no more than 700 students at full capacity and expect approximately two years to
construct a new school.
There was further discussion regarding traffic improvements at the
intersection of the Route 15 bypass at Business :[5.
Councilmember Horne asked if any thought has been given to the funding
sources for these traffic improvements including the possibility of trails to allow the
students to walk to school. Further, she asked if the impact on Morven Park has
been considered.
Mr. Cunningham stated he has had several discussions with Morven Park and
they are very open to what Loudoun Country Day School had proposed; however, he
is not sure of their position on the high school proposal.
The meeting was called to order at 7:34 p.m.
Councilmember Zoldos verified the O'Connor family has said that they would
not sell land to Loudoun Country Day School should the Loudoun County School
Board condemn any portion of their property.
Mr. Cunningham stated before the Loudoun County School Board made their
intentions known last year the O'Connor Family and Loudoun Country Day School
had reached an agreement to purchase the land; however, that agreement was
pulled.
Councilmember Zoldos verified the Loudoun County School Board is now
looking at an opening date of September 2009. Further, he asked Dr. Sam Adamo,
Loudoun County Public Schools, if the portion of the O'Connor property on the east
side of Route :[5 had been considered as a possible location for the new high school?
Mr. Adamo stated the site was considered when they were searching for a
middle school site. However, the limited access to the site and the site development
costs were factors in choosing an alternate location.
Town Council Work Session Minutes for May 9, 2005 Page 3
Councilmember Hammler asked the estimated transportation improvement
costs?
Mr. Cunningham stated the estimated cost for the first phase would be $3 to
$4 million; however, that cost should be shared between the School Board, the
Town, the Virginia Department of Transportation, and any potential developer.
Councilmember Hammler stated no matter which site is chosen the
transportation improvements will be needed as there are major safety implications
involving school busses and students who are driving. She stated Council needs to
work with all of the parties involved as there may be a lot of pressure to construct
houses in this area once water and sewer is extended.
Councilmember Hammler stated this is a major entryway into the Town and in
working together we can look at Iow impact uses for this property. Further, she
urged Council to take their time to ensure the right decision is made.
Councilmember Zoldos asked what Loudoun Country Day School plans to do
with their current site?
Mr. Cunningham stated the property will be sold.
Mayor Umstattd left the meeting at 7:44 p.m.
Council Meeting of May 10, 2005
a. Approving TLZM-2004-0006 Kincaid Forest - rezoning and
concept plan amendment to replace 20,040 square feet of
office/commercial/retail use with a 38 unit townhouse
development
Brian Boucher stated there were a number of residents at the public
hearing who spoke in favor of this rezoning application. He stated the
applicant has agreed to amend the proffer regarding the construction of
Battlefield Parkway to state if the road is built by someone else,
before they have the opportunity, they would pay up to $:~.1 million.
There were no Council comments.
Approving Special Exception TLSE-2004-0004 Potomac Station
parcel B to permit a convenience store with gas pumps and car
wash at 60:L Potomac Station Drive, NE
There were no Council comments.
c. Making an appointment to the Board of Architectural Review
There were no Council comments.
Making an appointment to the Information Technology
Commission
Vice iVlayor Martinez asked that this appointment be deferred to the
next Council meeting.
Town Council Work Session Minutes for May 9, 2005 Page 4
e. Nominating appointments to the VML Policy Committee
There were no Council comments.
f. Lowenbach Committee recommendation
Nagi Elsewaissi stated at the last work session the recommendation
was presented and there were some residents of Prince Street who had
some concerns regarding the project. He stated a meeting was planned
last Saturday for these residents to discuss their concerns with staff.
Further, he stated the residents of Prince Street would like the parking
moved to the east side of the street north of Blue Ridge Avenue.
Vice Mayor Martinez verified curb and gutter would be less intrusive
than gravel ditches along the sides of the road,
Councilmember Hammler asked where the plan stands regarding
Prince Street and the possibility of doing the drainage improvements only
at a savings of $300,000 to the Town. Further, she asked about the issue
of brick sidewalks and the possibility of saving $300,000 by putting in
traditional sidewalks with brick accents.
Lawrence Schonberger, 212 Prince Street, stated at this stage it is has
been indicated that the majority of Council will vote for a sidewalk on
Prince Street regardless of what the residents want. He stated that would
be acceptable if the sidewalk is on the west side of the street with parking
on the east. Further, he stated the sidewalk is preferable for tree
preservation; however, most of the residents would prefer the ditch.
Doug Foster, 219 Prince Street, echoed Mr. Schonberger's comments.
Vice Mayor Martinez stated the plan can still be modified.
Larr Kelly, 404 Edwards Ferry Road, stated he is frustrated by this
process because Prince Street has shouldered all of the traffic for 10 years
and now this project will take away half of the parking in the
neighborhood. Further, he asked that the Lowenbach sign not be placed
in his yard.
Councilmember Hammler asked the committee's position on concrete
sidewalks with brick accents as opposed to brick sidewalks.
Suzanne Arthur, Lowenbach Committee Chair, stated the committee
overwhelmingly agreed to brick sidewalks. Further, she stated the
sidewalks are needed to protect pedestrians in the future.
There was further discussion regarding the differences between the
2001 proposal and the proposed improvements.
Councilmember Horne thanked the residents who shared their views at
the meeting on Saturday. She stated Mr. Schonberger seemed happier
with having the parking area as a buffer between the road and his yard.
Further, she stated this neighborhood has come together and
demonstrated a willingness to make this neighborhood safe and preserve
the beautiful trees and landscaping.
Town Council Work Session Minutes for May 9, 2005 Page
Ms. Arthur stated the road and sidewalk width in the plan represent
the minimum VDOT and ADA requirements.
Councilmember Burk thanked the committee and the residents for
their hard work.
Vice Mayor Martinez thanked the residents for working together.
A resident of Prince Street stated his opposition to placing historic
Lowenbach markers in a resident's yard.
Ms. Arthur stated the neighborhood sign was in line with the town's
wayfinding sign system.
Wendy Overton, 2:~7 Catoctin Circle stated the markers will be in the
town's right of way and not in people's yards.
Lawrence Schonberger stated Prince Street has been receiving the
brunt of the traffic while the barricades have been up on other streets. He
stated this project will take at least another year to be completed and
asked that the town look at what can be done to relieve traffic pressure on
Prince Street now.
g. Establishing guidelines for the donation of trolley service for
community events
Donating trolley service for the May 2:L, 2005 Loudoun County
Volunteer Rescue Squad Open House between the hours of
12:00 pm and 5:00 pm
Kathy Leidich stated a request has come in regarding donated trolley
use by the Loudoun County Volunteer Rescue Squad. She stated in
response to this request staff has developed some recommended
guidelines for this type of use. Further, she stated it is important to
remember the trolley's main function is to complete its fixed route and
provide commuter transportation.
Ms. Leidich stated in order to fulfill the request by the LCVRS the town
will have to ask the Virginia Regional Transportation Association (VRTA) to
provide a bus to complete the fixed route and thus enable the trolley's use
at the open house. She stated there would be a cost of $320 to the Town
for the additional bus.
Councilmember Zoldos expressed his concern with the additional
expenditure and the number of requests the town might receive for this
service. He spoke of the trolley's use as an important transportation and
marketing tool. Further, he recommended keeping the trolley on its fixed
route and providing a bus for use in the open house.
Councilmember Horne stated she would not like to see the trolley
taken off its regular route; however, she would support providing a VRTA
bus for use in this event.
Town Council Work Session Minutes for May 9, 2005 Page 6
Vice Mayor Martinez concurred with Councilmember Zoldos' and
Horne's comments. He stated he would like to defer voting on the
guidelines for two weeks.
Councilmember Burk asked how many people the rescue squad is
expecting.
Mr. Wells stated he would report back to Council with that information.
For consideration and discussion:
1. Town wide environmental policy
Kathy Leidich stated staff has been working on an environmental
management system. She stated the process is an 18 month program in which staff
works towards ~[SO 14001 compliance. Further, along the way the Town can meet
E2 and E3 classification through the Department of Environmental Quality.
Ms. Leidich stated ISO 14001 is the international standard for the
environmental management system and has allowed the Town to create an
environmental policy and will allow the Town to establish goals, objectives, and
processes and to achieve the policy commitments as outlined. Further, she outlined
the process for obtaining the :[SO 14001 compliance.
Councilmember Zoldos verified staff has already attended workshops, the
program is already funded and the ISO 14001 compliance is not required by the
state or federal requirement.
Councilmember Horne asked if this program has any staffing implications.
Mr. Wells stated this is just a pilot program in one portion of the Utilities
Department. He stated staff will evaluate the program to see if it is to the Town's
benefit for it to go Town-Wide.
Councilmember Burk commended Ms. Leidich for her efforts to put processes
in place to protect the environment.
Councilmember Zoldos asked the purpose of this program.
Mr. Wells stated environmental regulations are not static and as they change
the importance is to make sure all of the programs we have are keeping as up to
date as we can with the changes. He stated as we are starting to see changes down
the road this is a way to stay ahead of the curve so we are not playing catch-up in a
more expensive manner later on.
2. Preparation for Board of Supervisors meeting
Purcellville r4ayor Druhan on PUGAI4P
Mr..lohn Wells stated IVlayor Bill Druhan has agreed to brief Council on
Purcellville's Urban Growth Area Management Plan agreement with Loudoun County
in preparation for Council's joint meeting with the Board of Supervisors.
Mayor Druhan stated the Town of Purcellville embarked on an urban growth
area (UGA) plan in the 1990's as a result of a rezoning for a project in this area. He
stated the Town had meetings with the citizens and developed an Urban Growth Area
Town Council Work Session Minutes for May 9, 2005 Page
Plan which became the PUGAMP. Further, he stated the PUGAMP looks at the historic
and cultural assets in the UGA; including environmental, transportation and school
site components.
Mayor Druhan stated the agreement also includes a water and sewer master
plan and a 50-year annexation agreement including a phasing plan for annexations
and an agreement that the Town will not seek city status.
Mayor Druhan stated one of the best assets of the plan is the ability to
communicate a vision for your Town. He stated another benefit of the plan is to
assist in the evaluation of each application to determine the benefit each project can
bring to the Town. Further, he stated of the many tools allowed by the General
Assembly this is a good tool to have.
Councilmember Hammler thanked Mayor Druhan for his briefing. She stated
this has been an important document for Council to review and has assisted Council
in preparing for the joint meeting with the Board of Supervisors. Further, she stated
Council needs to decide if the Town should just remain a referral agency, or if we
should take on a joint planning role and stop the encroachment of houses around the
airport.
Councilmember Hammler stated it is her belief that a LUGAMP would be an
important tool for us to begin working with our mutual attorneys to look at joint
interests with the County. She stated Council should have a seat at the table to
represent the benefits to the citizens as they are laying out a vision for proper
commercial development and other sources of tax revenue.
Councilmember Zoldos thanked Mayor Druhan for his briefing and asked
about the working relationship between the Town and County.
Mayor Druhan stated there have been ebbs and flows; however, right now it
is better than it ever has been. He stated in the long term it will always even out.
Further, he stated it is to Council's advantage to have a tool such as a PUGAMP to
prevent encroachment of the airport.
Councilmember Home thanked Mayor Druhan for sharing this information
with the Town. She asked the timeline of the adoption of the PUGAMP.
Mayor Druhan stated the process began in the early 90's and the PUGAMP
was in place by 1995; however, the water and sewer master plan was not adopted
until 1998.
Councilmember Burk asked if as part of this agreement the County has to
honor the Town's decision on projects in the UGA area.
Mayor Druhan stated it is a bilateral agreement. He stated there is a joint
policy committee who would review the applications first. Further, he stated the
agreement has an arbitration clause; however, it has not been used.
Councilmember Burk stated the only benefit she sees is that the Town would
have a voice, which Council is fighting for now. Further, she stated she does not see
this process helping now, rather it is something to consider for the future.
Town Council Work Session Minutes for May 9, 2005 Page
Councilmember Kramer thanked Mayor Druhan for attending the meeting.
Vice Mayor Martinez stated this is something the Town could use for long
term planning with the County. Further, he thanked Mayor Druhan for his briefing.
Councilmember Hammler recommended the Town and County Planning
Commissions work together with citizen input. Further, she suggested that the
attorneys work together to establish a joint planning process.
Councilmember Zoldos stated the Town and County Comprehensive Plans
already provide review authority. He provided a presentation to Council regarding
the three options the Town has including, doing nothing, extending utilities to
development in the .1LMA without annexation and annexing the property.
Councilmember Zoldos outlined some outstanding issues including
annexation, Meadowbrook, Paxton, road infrastructure, airport, CPAMs, Bolen Park,
Hunter Dowry, power plant threat, JR Festival Lakes, St. Gabriel's Church, O'Connor
tract - high school site and the remaining 10 acres in the northeast triangle.
Further, he stated we have a lot of issues, but the only way to prepare for this
meeting is to put these things out there and decide what we support.
Vice Mayor Martinez thanked Councilmember Zoldos for his presentation and
stated he would like for the Planning, Zoning and Development Department to look
at the Comprehensive Plan and the .1LMA to see what options Council has.
Councilmember Horne stated she has not heard a clear message on what our
shared values are. She stated her fear that Council has different priorities and
suggested Council come to a consensus on these issues before the meeting with the
Board of Supervisors.
Councilmember Burk stated Council should schedule a meeting to discuss
these issues after the public hearing tomorrow.
Vice Mayor Martinez stated he would like Council to set the agenda for this
joint meeting at the next work session.
Councilmember Zoldos stated he has received a number of emails regarding
Bolen Park. He stated that is an important issue, but it is not the only issue.
Councilmember Kramer stated she believes Council is on the same path
regarding the big issues facing the town; however, there is a need for discussion
before the Board of Supervisors Meeting.
Vice Mayor Martinez asked Planning Commissioner Ted Kalriess to provide a
briefing on the Town Plan.
Mr. Kalriess stated the 3LMA/UGA portion of the Town Plan is still in draft
form. He outlined the history of the .1LMA/UGA stating the Town's 1997 plan showed
residential west of the Greenway and business uses south of Town and the County's
2001 plan showed predominantly business and industrial use in the UGA. Further,
he stated the Town's :~997 area objectives were employment uses surrounding the
airport and in southeast industrial area, mixed use development between Route 7
Town Council Work Session Minutes for May 9, 2005 Page 9
and the airport south of Tavistock, allowing substantial residential use, and major
retail and employment uses to the south and west of the airport.
Mr. Kalriess stated the proposed land uses are regional office and mixed use
along the Route 7 and Dulles Greenway corridor. He stated the need to protect the
airport by limiting residential development between the W&OD trail and the
Greenway. Further, he stated Phil Bolen Park should be built on the Shellhorn tract.
Councilmember Zoldos stated he is hopeful that the Planning Commission will
have more than one definition of mixed use.
Mr. Kalriess stated they have talked about various versions by tract and
proposed use. He stated community office is recommended between Tavistock and
the County's property. Further, he stated the key goals are to reserve the UGA for
key employment uses, maintain the viability of the airport and provide transitional
areas south of Town and existing development within Town.
Councilmember Hammler thanked Mr. Kalriess for his briefing. She agreed
the Town should proactively go after the types of development that will bring Class A
office space to the Town. Further, she expressed her appreciation for the Planning
Commission's hard work on the Town Plan and stated there is a strong role for the
Town and County Planning Commissions to work together to create a-political
concepts in the JLMA.
Councilmember Zoldos stated another challenge is that the Town does not
have land use control in the ]LMA/UGA area. He addressed several issues regarding
development near and around the airport. Further, he stated the noise issue is at
the take-off and arrival portion of the flight.
Councilmember Horne thanked the Planning Commission for their efforts with
the Town Plan. She verified the Crosstrails project consists of 500 acres, 10 of which
are in the Town and could provide two office buildings that the Town would have
control over. Further, she stated there is a good portion of the plan that is a positive
economic driver for the community and verified that it is reported the portion outside
of the Town may be served by the Loudoun County Sanitation Authority.
Mr. Kalriess stated several of the commissions are concerned about having
numerous town centers and the subsequent need for transportation improvements.
He stated there are currently three that are proposed within our town limits and we
need to decide where we want these uses to be.
Councilmember Burk stated the map indicates east of the airport to the
W&OD and around Bolen Park as community office and verified the commuter
parking lot would fit in there.
Mayor Umstattd thanked Mr. Kalriess for his briefing.
Vice Mayor Martinez stated he would like the Planning, Environmental and
Economic Development Commissioners to provide feedback to Council regarding
issues they would like to see discussed with the Board.
Councilmember Zoldos verified the County has accepted the application for
the rezoning on the Peterson property.
Town Council Work Session IVlinutes for May 9, 2005 Page
Ms. Susan Swift stated the County typically gives the Town 30 days to review
applications; however, they have indicated that given the magnitude of the
application they could give the Town more time.
Vice Mayor Martinez stated he would like staff to brief Council on their referral
recommendations before they are sent to the County.
Councilmember Horne asked what are the legislative requirements for the
County to respond to the developer.
Ms. Swift stated there are a series of deadlines throughout the year.
Councilmember Hammler stated she would like to see at what point it would
be a win/win situation for the Town to provide water and sewer to the project.
Ms. Swift stated they have submitted a fiscal impact study and staff can look
to that for information.
3. FY 06 Final Budget Adjustments
Mr. Wells stated staff has identified a list of amendments to balance the
budget with a real estate property tax rate of $.21.
Councilmember Hammler thanked Mr. Wells and staff for their work on the
budget. Further, she welcomed l~nterim Town Attorney Liz Whiting.
Councilmember Zoldos asked for an explanation of the holiday premium
associated with the Town's life insurance.
Mr. Wells stated that means the State will not charge the Town for
participation in group life insurance. He stated when you are a member of the
Virginia Retirement System there is also a requirement to participate in the life
insurance program and last year the state declared a "holiday" where jurisdictions
did not have to pay and this has been renewed this month.
Councilmember Home asked how long has the tax rate been at $.22 and
when was the last time it was increased?
Mr. Freda stated he would get that information for Council.
Councilmember Home stated she noted the Police Department has lost three
officers. She stated each officer hired goes through a one year training period before
they go out on the street and she is appreciative that the request for more officers
was not reduced.
Councilmember Kramer thanked Mr. Wells and staff for reevaluating the
budget.
Vice Mayor Martinez stated Mr. Wells has not yet been here a year; however,
he already managed to reduce the property tax by a penny and still manage to keep
the Town running. He stated he would like to see Council establish a list of budget
goals with the Town Manager now so that staff can be prepared with a budget that
reflects Council's priorities next year. Further, he stated he would like to look at
Town Council Work Session Minutes for May 9, 2005 Page 1 !
finding other sources of revenue so the Town is not so dependent on real estate tax
revenue.
4. Loudoun Street Task Force Process Clarification
Mr. Wells addressed concerns regarding the resolution adopted at the last
meeting. He stated the resolution allows members who participate in the first phase
of the Task Force to also participate in the second phase so long as they were not
planning to submit a bid for the project.
IVls. Whiting stated to the extent that the assumptions made in terms of
timing are true there is not a conflict of interest violation.
Councilmember Burk stated she wanted to be sure the task force members
understand the process because their major concern is that there may be a
perceived conflict of interest.
For information only:
Preview items for May 21, 2005 work session
a. Leesburg Executive Airport 17-35 Rehabilitation Project
Tnformation and Update
Cindi Martin stated this project is funded by the FAA, the State and 1%
by the Town. She stated construction is scheduled to be completed by August
1. Further, she stated the work is scheduled in two 30 day phases.
Ms. Martin stated this information has been communicated to the
airport tenants and stated several tenants will receive rent credits. Further,
the airport staff has shifted their schedule so that there is coverage six days a
week throughout the project.
There were no Council comments.
Noise Ordinance
There were no Council comments.
Rental space for town services
There were no Council comments.
New Business:
a. Trolley service to the outlet mall
Councilmember Zoldos stated he has received calls from individuals
who work at the outlet mall and would like to see the trolley service begin at
8:00 a.m. rather than 9:00 a.m. so that they can get to work on time.
Ms. Kathy Leidich stated the trolley service begins at 7:00 a.m.
Mr. Wells stated he will check into the matter.
b. Tax rate information
Mr. Wells stated Mr. Freda has been able to establish that the tax rate
increased from $.21 to $.22 in Fiscal Year 1997.
Town Council Work Session Minutes for Nay 9, 2005 Page 12
¢. .~oint planning public hearing
Councilmember Hammler stated in preparation for the UGA public
hearing tomorrow night it would be helpful if staff could provide Council with
an overview of were the Town is now as a referral agency and where it could
be with a LUGAMP or other type of agreement.
Mr. Wells stated staff would develop some bullet points for Council's
consideration,
Adjournment
The meeting was adjourned at 10:06 p.m.
2005_tcwsmin0509
rk of Council