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HomeMy Public PortalAbout2005_06_13Council Work Session June 13, 2005 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan B. Home, Melinda Kramer, Marry Martinez, Bob Zoldos, and Mayor Umstattd. Councilmembers Absent: None Staff Members Present: Town Manager ]ohn Wells, Interim Town Attorney Elizabeth Whiting, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief of Police 3oe Price, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Finance Director Norm Butts, Parks & Recreation Director Kaj Dentler, Economic Development Director Betsy Fields, Director of the Office of Capital Projects Nagi Elsewaissi, Deputy Utilities Director Aref Etemadi, Zoning Administrator Brian Boucher, Chief of Comprehensive Planning David Fuller, Budget/ Management Officer Mike Freda, Leesburg Police Sergeant Carl Maupin, Tourism Coordinator Marantha Edwards, Recreation Programs Manager Kate Trask, Community Outreach Program Supervisor Jenny Sexton, Community Outreach Assistant Program Supervisor Tony Gattis, Management Intern Tami Watkins and Assistant to the Clerk of Council Debi Parry. AGENDA ITEMS 7:15 p.m. Briefing - Ted Sjurseth, Americans 9/11 Foundation Ted Sjurseth stated this organization was founded in December 2002 and has organized a yearly motorcycle ride to raise money for New York businesses and provide scholarships for students. He stated the Leesburg Police Department has always participated; however, this year he was informed by Sergeant Carl Maupin that the Leesburg Police Department will not allow its officers to participate without Council's approval. Further, the ride is expected to travel through Leesburg on August 19. Mr. Sjurseth outlined several other initiatives the group is considering including a 5K walk in Town as well as a golf tournament. He stated their goal is to have members of the Leesburg Police Department join them again this year. Vice Mayor Martinez stated he would support this request. Councilmember Burk asked what Council needs to do? Mr. Sjurseth stated Council would need to contact Sergeant Maupin to convey Council's support of this request to have the Leesburg Police Officers participate, Councilmember Burk verified the officers would be in uniform and on duty so any accident would be covered at the expense of the Town. Mr. Sjurseth stated his foundation also has liability insurance. John Wells stated he would like to have staff prepare a report for the next Council work session. Town Council Work Session IVlinutes for .lune 13, 2005 Page 2 Councilmember Home expressed her appreciation for Mr. Sjurseth's efforts. Councilmember Zoldos stated he would like to have a report from staff before making a decision. Councilmember Hammler stated it is important to inform Town residents about this event. Further, she stated this is also an important tool to remind everyone of the sacrifices being made by others on our behalf. Council I~leeting of June 14, 2005 a. Hertz Rental Car There was no discussion of this item. b. Tolbert Lane Traffic Signal contract award Mr. Wells stated the County has provided $42,000 in supplemental funding from gas tax funds for this project. c. Catoctin Circle Trail SW contract award Mr. Elsewaissi stated the project would install a 6-foot trail to connect the Ashton Downs neighborhood and the Washington and Old Dominion Trail. Mayor Umstattd verified the trail will be completed before school begins. d. Urban Forestry 14astery Plan Grant There was no discussion of this item. For consideration and discussion: 1. Community and financial support for the Journey Through Hallowed Ground Ms. Cate Magennis Wyatt stated many other jurisdictions have also endorsed the Journey Through Hallowed Ground project since Council's action earlier this year and provided an update of recent activities including the results of a recent Mason Dixon Poll. She stated she has been working with Marantha Edwards on what would be the best use of taxpayer's money as a partner in the program and outlined her recommendation that Council conduct a "Your Town" two-day workshop at a cost of $25,000. Further, she stated if Council is interested in holding this workshop she has found $10,000 to match the Town's contribution of $15,000. Ms. Magennis Wyatt stated the National Trust is working to create an entire curriculum just for communities in the Journey Through Hallowed Ground to hold the "Your Town" workshops. Further, she stated another opportunity would be to host a one or two-day workshop to bring the directors of each main street community together to create a uniform vision of how this initiative can best support our main street communities. Mayor Umstattd stated her support for the second recommendation. Vice IVlayor Martinez thanked Councilmember Horne for her leadership in this effort and asked if a presentation has been made to the County. Town Council Work Session Minutes for June 13, 2005 Page 3 Ms. Magennis Wyatt stated she has met individually with members of the Loudoun County Board of Supervisors and currently Chairman York is waiting to hear from Vice Chairman Tulloch regarding the possibility of having a resolution of support put on their next agenda. Councilmember Burk expressed her support for the second proposal. Councilmember Horne asked how much it would cost to fund both programs? Ms. Hagennis Wyatt stated with the additional $10,000 that has been located; the Town could do both programs for $25,000. Councilmember Hammler thanked Ms. Magennis Wyatt for hosting the event at Oak Hill. She stated her support for the "Your Town" workshop option. Further, she suggested offering the opportunity for the Hain Street workshop to the County. Serious traffic offense reimbursement program There was no discussion of this item. 3. Proposed site for a new Loudoun County High School on O'Connor property on the west side of Route :~5 business Mr. Mason stated there had been concern regarding the long term effects on Route 15 business; however, the traffic study shows with the adequate intersection improvements and the addition of an intersection closer to the downtown the road and intersections will operate at an acceptable level of service. Further, he stated the cost for the waterline extension is $500,750 and the cost for the sewer extension is $645,825. Councilmember Burk verified the County would pay for the utility extensions. Councilmember Horne asked staff to define acceptable level of service. Hr. Mason stated the Town's standards say the intersections must be at level of service C or better at build out and at level of service D or better at build out plus 20 years. Dr. Sam Adamo, Loudoun County Public Schools Director of Planning and Legislative Services stated he anticipates no opposition to the boundary line adjustment from the County. He stated the information on the downtown traffic study was provided to Calvin Grow on Friday. Further, he stated the addition of this high school should resolve the school site issues in this portion of Leesburg. 4. Authorizing the request of matching funds from the Virginia Department of Transportation (VDOT) Revenue Sharing Program to construct the ultimate design of Sycolin Road from near Battlefield Parkway to Tolbert Lane Hr. Elsewaissi stated this is to request $1 million in matching funds from the the revenue sharing program. He stated the Towns half would consist of $432,000 from Loudoun County gas tax and $568,000 from a developer contribution and $300,000 from the Utilities Fund for water and sewer improvements. Further, the funds will be used to construct the ultimate design of Sycolin Road from near Battlefield Parkway to Tolbert Lane. Town Council Work Session Minutes for June 13, 2005 Page 4 Mayor Umstattd asked if there is anything that could be done to speed up the construction of Battlefield Parkway from Route 7 to Sycolin Road. Mr. Elsewaissi stated they have done some preliminary plan design; however, they have a large amount of time set aside for right-of-way acquisition. Mr. Mason stated staff disagrees with VDOT's schedule; however, they are proceeding with design of the project and an environmental assessment. He stated staff continues to meet monthly with VDOT; however, they are unwilling to adjust the schedule until after their public hearing in March. 5. Report on Community Outreach Program Kaj Dentler introduced Jennifer Sexton, Community Outreach Program Supervisor, and Tony Gattis, Community Outreach Assistant Program Supervisor. Kate Trask stated the program has been named R.O.C.K or Recreational Outreach to Community Kids. She outlined the evolution of the program stating registration is underway and camp will begin July 5. Ms. Sexton stated the R.O.C.K. program is a free neighborhood based recreation program targeted for Iow to moderate income families. She stated the program will provide a summer camp and after school program for children ages 5- 12. Further, she stated camp will be held at Heritage Square, the Fields of Leesburg and Evans Ridge Apartments and has an enrollment of 36 children in the summer program. Ms. Sexton stated the program is partnered with the Leesburg Police Department, Loudoun Cares, Capital Area Food Bank, Northeast Coalition, Homework Club, Douglass Community Center, Loudoun County Parks and Recreation and La Voz. IVls. Trask stated the after school program will begin August 29 and staff is currently working to identify new sites and continue to build partnerships to expand the programs offerings. Councilmember Hammler stated this is an incredible program and welcomed Ms. Sexton and Mr. Gattis. She asked the hours of the camp and what programs will be offered? Ms. Sexton stated the programs will be a half day so equal time can be spent in the three neighborhoods. She stated the children will go on field trips and participate in sports and arts activities as well as team building exercises and informal prevention groups. Councilmember Home verified conflict resolution activities will also be conducted. Councilmember Burk asked that Ms. Sexton and Mr. Gattis update Council after the summer. Vice Mayor Martinez stated he would like to see a mentoring program and a part-time summer employment program incorporated as a long term goal. Town Council Work Session Minutes for June 13, 2005 Page 5 Councilmember Kramer stated she would like to see a partnership with the YMCA. Mayor Umstattd verified this program is in response to an increase in youth crime. She asked the status of the midnight basketball program. Chief Price stated the midnight basketball program continues to be very popular in the community and the participation numbers have increased and is looking for an additional site. Vice Mayor Martinez verified staff has contacted the school system regarding the need for an additional site for the midnight basketball. There was further discussion regarding efforts to reduce youth crime and the various programs aimed at that goal. 6. Status of the Advanced Transportation Management System Mr. Elsewaissi stated this project would manage the traffic signals on East Market and King Streets by connecting them to a main control panel in Town Hall. He stated this program will optimize the signals to minimize delays and congestion. Further, he stated construction has started and should be completed in early fall. Vice Mayor Martinez commented on the traffic congestion on Market Street and verified the signal at Market and King Streets would be included. Councilmember Hammler asked that staff brief Council on the progress of this project. Mayor Umstattd asked Mr. Elsewaissi to comment on the progress of acquiring easements for the Sycolin Road widening project. Mr. Elsewaissi stated the overhead utilities lines must be moved for the Sycolin Road Widening Project; however, the utility companies will not allow outside contractors to move their lines. Therefore, staff is requesting that Council declare sole source provider for Virginia Power, NOVEC, Verizon and Adelphia to relocate their overhead power lines as part of this project. was the consensus of Council to vote on this item tomorrow night. 7, County request for Town to establish capital intensity factor for new residential rezonings Mr. Ben Mays, Loudoun County Deputy Chief Financial Officer, stated the Loudoun County Board of Supervisors have requested that all towns use the same sets of formulas for capital intensity factor for use in residential rezonings. He stated the capital intensity factor would ascertain the impact of new residential development on County capital facilities. Councilmember Burk asked if this would only be a contribution for schools. Mr. Hays stated the Board is interested in those services where there is a distinct difference between the services offered by the Town and those offered by the County. He stated the bulk of the discussion related to schools; however, there are other concerns regarding services the town does not provide such as health Town Council Work Session Minutes for June 13, 2005 Page 6 department and social services. Further, he stated the Board does not expect a quick decision; however the school issue is timely. Councilmember Hammler stated she will look forward to looking at the reverse perspective such as how the Town can recoup police funds and other things relative to costs we incur. Mayor Umstattd stated she would support the Town adopting these in relation to school costs. Tt was the consensus of Council to vote on the school portion of this item at the next meeting. 8. Follow-up from ~loint Town/County meeting IVlayor Umstattd stated a majority of Councilmembers have indicated an interest in annexing the Crosstrail property west of the airport and asked Mr. Carter Glass to address the annexation process. Mr. Glass outlined the four most commonly used methods used to expand a town's boundaries. (1) Simple Boundary Line Agreement; which has been used by the Town several times in the last few years, (2) Town/County Agreements; which provide for repetitive annexations over a period of time and usually require the town to give up the option of seeking city status, (3) Voluntary Settlement Agreements; which gives localities the most flexibility in terms of reaching an agreement; however, it is a more complicated and expensive form to use, and (4) Traditional Annexation Process; which is what the Council initiated three years ago and can be done when the agreement is contested. Mr. Glass stated if Council is interested in incorporating the land near the airport the simplest way would be through a boundary line adjustment. Councilmember Burk verified the consent of the County is needed to proceed with a boundary line adjustment. Councilmember Zoldos asked if the landowner can file a lawsuit if they do not wish to have their property incorporated into the Town? Mr. Glass stated there is no specific venue for the landowner to contest a boundary line adjustment. Further, he stated if all the procedures have been followed there is not a basis for a separate lawsuit by a landowner. Councilmember Hammler stated her concern regarding the current zoning of the property and the application pending before the Loudoun County Board of Supervisors. She asked what steps Council should take in reference to the current Town Plan update or perhaps amendments to the Zoning Ordinance. Mr. Glass stated the Town's Zoning Ordinance provides a temporary zoning classification for land that comes into the boundaries of the municipality. He stated if the property is brought into the Town before the rezoning application is completed then the process would end in the County and the Town or property owner would then file for a rezoning. However, if the rezoning process has already been completed in the County and the landowner has begun work under that current zoning they can claim vested rights. Town Council Work Session Minutes for .lune 13, 2005 Page ? Councilmember Kramer stated the boundary line adjustment seems to be the best way to proceed. Mr. Glass stated if other issues are involved; such as utility requirements, revenue sharing or joint planning, then the process could be done by a voluntary settlement agreement. He stated this allows for annexation disputes to be settled and authorizes the inclusion of any other provision that the parties believe to be in their best interest. Further, he stated this does require Commission on Local Government advisory review and approval by a three judge court. Mr. Glass stated the other option Council could consider would be a traditional annexation agreement where the petition would be filed under the contested annexation statute which would then be given to the County for comment before proceeding to court for approval. Further, he stated there is no reason to follow any other venue if the boundary line adjustment can work. Councilmember Hammler asked if the Annexation Area Development Policy (AADP) agreement has to be amended for Council to extend water and sewer service to the Shellhorn property if it is developed as a park. Mr. Glass stated he would need to read the AADP to determine if they would need to be amended. Further, he stated as part of the annexation process Council could add language to ensure the Shellhorn property is developed as a park; however, that could not be done with a Boundary Line Adjustment and would require a longer process. Further, he outlined the legal standards for a contested annexation. Councilmember Zoldos left the meeting at 8:31 p.m. Vice Mayor Martinez expressed his concern once incorporated a future Council could rezone the property to high density residential and asked if there is a way to prevent this? Mr. Glass stated a voluntary annexation agreement provides opportunities to bind the hands of another Council in making zoning decisions on certain pieces of property through a joint planning process. IVlayor Umstattd asked of a pro-growth Council and Board could reverse the agreement. IVlr. Glass stated there is specific authority in the voluntary settlement statute for the parties to include a statement that the agreement can be modified in future years. He stated if that statement is not included perhaps it could withstand future governing bodies; however, that is unclear. Councilmember Burk stated the Shellhorn property is larger than just the proposed park and we would have to be clear in specifically identifying the park property. Ms. Whiting stated the resolution specifically states utilities will be extended to the proposed Philip Bolen Park on the Shellhorn property. Town Council Work Session Minutes for June 13, 2005 Page Councilmember Burk verified the proposed expansion of the fire and rescue training site and the commuter parking lot would not affect this resolution. Further, she asked how we begin the process to determine if the County is interested. Mr. Wells suggested that Council should pass the resolution, attend the next Board of Supervisors meeting and even ask to schedule a follow-up meeting with the Board to speak with them about this proposal. Councilmember Burk stated she would like Council to attend the next Board of Supervisors meeting to present this resolution and make it clear that we would like further discussion with the Board of Supervisors. Mayor Umstattd stated Council was under the impression that the best way to approach extending utilities to Bolen Park, while ensuring the utilities would only be extended if the property was developed as a park, was to amend the AADP agreement. She asked if there is a better way to do that. Mr. Glass stated he would need to review the AADP agreement; however, the key to limiting the potential liability to provide water and sewer is to include very restrictive language and making it clear that you are not offering to serve any other properties other than those specifically designated. Further, he stated there could be some concern if the property owner were to change. Ms. Whiting stated improvements and services to land typically are tied to the land and not the landowner; however, Council has taken steps to protect itself by specifically stating that the utilities are being extended for a park use. Mr. Glass suggested having a separate agreement in addition to the resolution that would put specific limits on the amount of water and sewage for that property as the park site would have a significantly lower utility requirement than a residential development. Councilmember Hammler stated her support for Council attending the Board meeting to present the resolution. She stated at the joint meeting with the Board Council was asked to present their wish list and asked if it would be appropriate to add language to the resolution asking for discussions on a possible annexation of the Creekside property as the project would have a negative impact on the Town if developed as proposed. Mr. Glass stated that could be covered with a comprehensive agreement; however, he cautioned that including too many items would delay the process. Councilmember Horne verified the next steps Council needs to make to initiate a boundary line adjustment and verified once the property is brought into the Town limits it is then governed by the Town's Zoning Ordinance provided the rezoning has not been completed at the County level and no vested rights can be claimed by the landowner. Councilmember Hammler asked about the timing of the proposed application before the County. Ms. Swift stated the application was accepted by the County on April 26 and the Town's comments are due .lune 27. Town Council Work Session Minutes for June 13, 2005 Page 9 Councilmember Hammler asked how long before the County has to make a decision. Ms. Swift stated the County is trying to keep to their one year timeline because it is a big project. After proceeding to other items on the agenda Council returned to discussion of this item. Mayor Umstattd stated Councilmember Burk has suggested some additional language to the resolution. Councilmember Horne outlined suggested language for Section T! of the resolution to ensure Council is very specific in their intent. Vice Mayor Martinez and Councilmember Burk concurred with the amendment. Councilmember Hammler also concurred and stated her support for Councilmember Burk's earlier suggestion that the resolution be presented by Council at the next Loudoun County Board of Supervisors meeting. Councilmember Burk stated she would like the resolution to communicate that there may be additional areas we would also like to consider in a joint planning effort. Vice Mayor Martinez stated he would like to separate Sections ! and !! into individual resolutions with the addition of a third resolution to incorporate Councilmember Burk's comments. There was further discussion regarding how best to communicate these desires to the Board. Mayor Umstattd stated at this point she does not believe that we need to designate a committee of two or three in this resolution; however, we will need to think about it in the future. Further, she stated Vice Mayor Martinez and Councilmember Zoldos were on the previous Council's committee on annexation. Vice Mayor Martinez stated Councilmembers Burk and Horne would be good assets on a committee. For information only: Preview items for June 27, 2005 work session a. Town Code Amendment regarding Cigarette Tax There was no discussion of this item. New Business: a. Glenfiddich House Break-Tn Mr. David Miles stated on May 15 at 11:10 a.m. the burglar alarm was triggered at the Glenfiddich House on King Street. He stated 42 minutes after the initial call the police responded and explained the first officer who was dispatched had his vehicle break down. Further, he urged Council to ensure Town Council Work Session Minutes for 3une 13, 2005 Page the Leesburg Police Department has adequate vehicles and equipment to respond to emergencies. Mayor Umstattd thanked Mr, Miles for briefing Council on the situation and apologized for the situation, Councilmember Zoldos stated the delay in response is inexcusable and asked the Town Manager to provide a report at the next Council work session. b. Closed Session to discuss Olde Tssac Walton Park On a motion by Mayor Umstattd seconded by Councilmember Burk the following motion was proposed: Pursuant to Section 2.2-3711(A) (7) of the Code of Virginia, ! move that the Leesburg Town Council convene in a closed meeting to consider a legal matter regarding Olde !zaak Walton Park. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) The Council convened in closed session at 10:30 p.m. The Council reconvened in open session at 11:20 p.m. On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the following motion was proposed: In accordance with Section 2.2-3712 (D) of the Code of Virginia, ! move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Tnformation Act and such legal matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Aye: Burk, Hammler, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) 2005_tcwsmin0613 Adjournment The meeting was adjourned at 11:21 p.m.