HomeMy Public PortalAbout2005_10_11Council Work Session October 11, 2005
Council Chambers, 25 West Market Street, 7:28 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Katie Sheldon Hammler, Susan B. Horne,
Melinda Kramer, Marty Martinez, Bob Zoldos, and Mayor Umstattd.
Councilmembers Absent: None
Staff Members Present: Town Manager 3ohn Wells, Town Attorney Barbara Beach,
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, Director of Finance Norm Butts, Director of
Utilities Randy Shoemaker, Director of Parks and Recreation Kaj Dentler, Deputy
Director of Utilities Aref Etemadi, Zoning Administrator Brian Boucher, Chief of
Comprehensive Planning David Fuller, Traffic Engineer Calvin Grow, Recreation
Programs Manager Kate Trask, Inspection Supervisor Brian Lloyd, Preservation
Planner Annie McDonald, Planner Chris Murphy, Planner Wade Burkholder,
Community Outreach Program Supervisor 3enny Sexton, Assistant Community
Outreach Program Supervisor Greg Anselene, Management Specialist Tami Watkins
and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
Council Meeting of October :t2, 2005:
a. Authorizing the installation of a raised crosswalk on Lawson Roadf
S.E.f at Beauregard Drive~ S.E.
Mr. Calvin Grow stated a number of items regarding this issue were
presented at the Standing Residential Committee (SRTC) meeting. He stated
the Committee recommends reinstating parking on Lawson Road where it
widens to 33-feet; installing a raised crosswalk at Lawson Road and
Beauregard Drive; and that increased enforcement of the no thru trucks ban
on Lawson Road.
Mr. Grow stated he has spoken with Mr. Mike Lunsford of Loudoun
County Public Schools regarding the possibility of moving the bus stop on
Lawson Road. Further, he stated the SRTC does not recommend closing
Lawson Road at this time.
Vice Mayor Martinez asked if staff had considered the dangers from
motorists speeding up the hill. Further, he stated his concern that children
can not cross the street safely and asked where the raised crosswalk would
be installed.
Mr. Grow outlined the location of the raised crosswalk stating it would be
installed where the existing crosswalk is located.
Councilmember Horne asked the Police Department to increase
enforcement on Lawson Road and stated her agreement with the SRTC's
recommendation.
Councilmember Zoldos stated his support for the Committee's
Town Council Worksession for October 11, 2005 Paqe 2
recommendations. He stated the road will be closed eventually; however, the
first step should be to install a raised crosswalk.
Councilmember Hammler thanked the SRTC, John Drury and his
neighbors for their work on this issue. She asked if staff has received input
regarding the raised crosswalk that was installed on Marshall Drive.
Mr. Grow stated the speeds near the crosswalk have decreased.
Councilmember Hammler asked staff to get feedback from the residents
on Marshall Drive before the vote on this issue. She verified that Loudoun
County Public School staff is looking into the issue of school busses on the
bridge. Further, she asked what the timeline would be for closing the bridge.
Mr. Grow stated the SRTC considered three options: first to close the road
now, second to wait until the Battlefield interchange from Kincaid Boulevard
to the Greenway is complete; and third when Battlefield Parkway is complete
between Kincaid Boulevard and Route 7. He stated the Committee's
recommendation was to keep the bridge open for now and to hold a public
hearing before it is closed in the future.
Councilmember Hammler stated she would like to target the end of next
year for holding a public hearing and potentially closing the bridge once the
Battlefield Parkway interchange with the Dulles Greenway is complete.
Further, she stated her support for any traffic calming measures that could be
implemented in the interim.
Sandy Kane, Standing Residential Traffic Committee, expressed her
concerns regarding the accessibility of the neighborhood in an emergency
situation should the bridge close.
John Drury, 621 Beauregard Drive, thanked the SRTC and Council for
their consideration of his request. He stated he received a letter from the Fire
Chief stating that as long as the bridge exists, the closed gates would only
cause a minor delay in emergency response times. Further, he asked Council
to restore the parking along the road.
b. Authorizing time extensions with conditions for completion of
public improvements in Edwards Landing Sections 1~ and 3;
Phases 2A, 2B and 4; Woods Edge Drive; Recreation Center;
Edwards Ferry Road improvements; and the Battlefield Parkway
Phase TT road improvements.
Tom Mason stated staff recommends time extensions be approved with
conditions. He stated all of the houses are completed; however, much of the
infrastructure remains to be done. Further, he stated staff has worked with
the developer and the homeowners association to establish timelines and if
one timeline is not met Council can find the developer in default for that
issue.
Vice Mayor Martinez stated he would like to ensure the developer
finishes the work in the timeline given,
Mr. Mason stated the conditions are short-term milestones and one
Town Council Worksession for October 11, 2005 Page
requirement of the extension is that the developers provide a monthly status
report to Council and the homeowners association.
There was further discussion regarding the timing for finding the
developer in default.
Mayor Umstattd asked how many extensions had been granted and when
the work was supposed to have been completed.
Mr. Mason stated the initial term was set for two-years; however, almost
no development is completed in that time period. He stated some of the
sections of this development had two one-year time extensions whereas
others have had only one.
Name not given, Edwards Landing Homeowners Association, addressed
Council. He stated his frustration with the lack of tools available to
homeowners in this situation. Further, he commented on the lack of
landscaping and sidewalks stating the residents have no faith that the
developer will complete the work in the time given.
Dennis Miller, Tennessee Drive, addressed many issues of concern
including their lack of involvement in the Gatehouse and Costco processes.
He urged Council to look at the rates at which the bonds were sold to ensure
there are sufficient funds for the Town to complete the work if necessary.
Councilmember Burk asked what the implications of default would be for
the developer.
Mr. Mason stated the Town would obtain full value of each of the bonds to
complete the work and any remaining funds would be returned to the
insurance company. He stated staff has confirmed there are sufficient funds
to finish the project if needed,
Mayor Umstattd asked that staff draft a resolution for tomorrow night to
call the bonds. Further, she stated an additional resolution should be drafted
to declare them in default if the work is not completed by March 31, 2006.
IVloe .laymand, Lennar Development, stated he has received quotes from
several vendors and have already begun landscape work. Further, he stated
they are working on several items and will do their best to meet the deadlines
outlined in the resolution.
Councilmember Zoldos asked why the work has not been completed.
Mr..laymand stated Edwards Landing is a community of 400 homes. He
stated the Section ! extension was needed because it took almost a year to
get approval from the Town for the berm before planting could be completed.
Further, he stated each section has a reason for why the work was not
completed.
Councilmember Zoldos stated it was the developer's failure to meet the
deadlines that were set, not the fault of the Town.
Town Council Worksession for October 1]., 2005 Page 4
Mr. Mason stated there is language in the resolution to authorize the Town
Manager to find the developer in default should they fail to meet any of the
deadlines.
Councilmember Hammler stated she would support a policy resolution to
establish a set number of extension to be granted before a developer is found
in default. Further, she asked staff to consider the possibility of setting a
penalty to keep a developer on track with deadlines without resorting to
pulling the bond.
c. ZnitJating Amendments to the Leesburg Zoning Ordinance and a
Zoning District Map to expand the Old and Historic (H-:L) District.
Susan Swift stated this is a request to initiate a Zoning Ordinance and
Zoning Map amendment predicated by the Mitchell and Best proposal for the
Harrison Park project. She stated the Planning Commission will consider the
Harrison Park rezoning on November 3 and the Board of Architectural Review
hopes to make a decision prior to that.
Vice Mayor IVlartinez asked if there is a way to expedite the process if
there are no issues at the Planning Commission level.
Ms. Swift stated there are advertising requirements and the proposal has
to go through the Board of Architectural Review before it goes to the Planning
Commission. Further, she stated a joint hearing could be scheduled with the
Planning Commission to expedite the process.
The consensus of Council was to keep to the original timeline.
Mayor Umstattd verified there are no residential units that could be
brought in to the Historic District against their will as part of this process.
d. Request for Virginia Department of Transportation (VDOT)
funding for highway projects with the Town of Leesburg in the
VDOT Six-year Zmprovement Plan for fiscal years 2006-2007
through 20:tl-2012.
Calvin Grow stated staff's recommendation that Council include three
urban projects and three primary projects for consideration by VDOT for their
six-year plan. He stated the VDOT public hearing will be held November 10 at
Fairfax City Hall. Further, he provided an update on the status of the
completion of Battlefield Parkway.
Councilmember Hammler asked the status of the VDOT funding for link
five of Battlefield Parkway.
Mr. Grow stated staff estimates the cost of the project at $25 million. He
stated we can make up the shortfall with bonds to be paid back in the future
with Urban Funds, so there would be no burden to the taxpayers.
Councilmember Hammler asked if staff is working with the Virginia
Transportation Board to receive more state funding.
Mr. Grow stated he will attend the public hearing on November 10 to
request funding. Further, he stated the Town is working with the County to
Town Council Worksession for October '11, 2005 Page
submit a joint request to the state for RSTP funds in the amount of $1.3
million for use on this project.
There was further Council discussion regarding the completion of
Battlefield Parkway.
e. Adopting a 2006 legislative program.
Nicole Ard outlined the draft 2006 legislative program stating all changes
requested by Council have been incorporated.
Councilmember Horne asked why we are suggesting that protection of the
tree canopy be made a priority for the Commonwealth of Virginia. She stated
it seems to be a superfluous statement.
Mayor Umstattd stated one of the frustrations expressed by Council and
our residents is the weakness of localities authority to protect trees during the
development process. She stated even if we are unlikely to get it the request
will be on record.
Councilmember Zoldos suggested that we add a request to the legislative
program for undergrounding of utilities as the Town of Herndon has done.
Ms. Ard stated there is language regarding the undergrounding of
utilities; however, she could amend it to make it more in line with Herndon's
request.
was the consensus of Council to add language regarding
undergrounding of overhead utilities in the Historic District.
Ms. Beach stated the Herndon language was sent to her by their Town
Attorney and she would be happy to contact him to work on common
language to support a joint effort.
f, Making an appointment to the Tree Commission.
Councilmember Kramer stated she is nominating Bruce Dewar to the Tree
Commission.
Special Worksession on KST Village at Leesburg
Eddie Byrne, KSI, thanked Council for agreeing to this special worksession.
He outlined the location of the proposed Village at Leesburg development and its
components including the interchange at River Creek Parkway and Route 7, the
village center including Wegmans and the active adult community. Further, he
stated the proposal would provide 565,000 square feet of office, 440,000 square feet
of retail, 25,000 square feet of restaurants, 335 residential units in the village center
and 300 residential units in the active adult community.
Mr. Byrne stated a fiscal impact study was conducted and this use would
generate approximately $'14.'1 million in tax revenue over the next 20 years.
Further, he introduced Michael Dunning of Shook Kelly, Mark Lewis of Lewis Scully
Gionet, Sandy Silverman of Dorsky Hodgson Architects and Charlie Keeler of KS][.
Town Council Worksession for October :~1, 2005 Page
Michael Dunning, Shook Kelly, outlined examples of similar projects and the
awards they have received. Further, he outlined examples of signage that would be
used in a project such as Village at Leesburg and the importance of walkability.
Mark Lewis, Lewis Scully Gionet, outlined the landscaping along Route 7
stating they would utilize a berm with a mix of evergreen, shade and flowering trees
to open the view of the office buildings and close the view of the parking garages.
Further, he outlined the streetscaping for the project and the open space.
Sandy Silverman, Dorksy Hodgson Architects, showed an animation of the
proposal for the Village at Leesburg to provide a feel for what it might look like.
Charlie Keeler, KS1, stated Leesburg currently has 880,000 square feet of
office and most of it is Class B or C. He stated the Village at Leesburg will provide
565,000 square feet of office to account for 65 percent of the current total inventory.
Further, he stated this project will validate Leesburg as an employment area and a
place where people can come to live work and play, work and play in one location.
Councilmember Kramer suggested breaking down the Wegmans building in
the roofing line and using different fa~;ades to make it blend in.
Mr. Byrne stated the redesign of Wegmans has been worked on by Shook
Kelly to break up the mass of the building. He stated Wegmans likes monumental
features on the roof; it is important to them to preserve the European market on the
inside.
Councilmember Kramer stated the larger roads and sidewalks will create a
sense of community. Further, she stated a hotel use should be discussed; however,
it should be a medium upscale hotel and not another Lansdowne.
Mr. Byrne stated the hotel was part of the original proposal; however, it is
now part of a subsequent proposal.
Mr. Dunning stated it is not their intention to replicate downtown Leesburg,
but to compliment it. Further, he stated this project is very sustainable and the
design is very interchangeable.
Councilmember Burk expressed her concern regarding the buffer for the
townhouses that back to Crosstrails Boulevard.
Mr. Byrne stated there is a 50-foot buffer along Crosstrails Boulevard. He
stated they have asked for one modification near the Wegmans where they would
like to limit the buffer to 30-feet and construct a masonry wall to obscure the
parking area.
Councilmember Burk expressed her concern regarding contributions for
schools.
Mr. Byrne stated the AADP payment of over $2 million is equivalent to the
cost of the capital facilities charge. He stated if the Town and County determine the
AADP payment is not required, then they would pay the capital facilities charge;
however, the policy does allow for a credit for extraordinary expenses for regional
transportation. Further, he stated if the credit for regional transportation expenses
Town Council Worksession for October 11, 2005 Page
is granted and the developer does not owe money to the Town or County, then they
would proffer $2,000 per residential unit for transportation improvements including
Battlefield Parkway.
Councilmember Burk expressed her concern with the noise abatement issues
for Potomac Station residents stating the solution proposed may not be adequate.
Councilmembers Horne and Zoldos reported meeting with the applicant and
their respective Planning Commissioners. Each thanked the applicant for their efforts
and stated their support for the project.
Councilmember Hammler stated she and Planning Commissioner Ted Kalriess
met with the applicant last week. She thanked the applicant for working with staff
on the proffer language and the owners of the Holiday :Inn regarding their entrance.
Further, she asked that the applicant consider extending Russell Branch Parkway to
create a second entrance to the site.
Mr. Byrne stated he has not studied the cost of extending Russell Branch
Parkway to the West and Battlefield Parkway to the North. He stated it was their
hope to proffer money so that the work could be done in the future, if needed.
Further, he addressed the right-of-way issues.
Councilmember Hammler asked what the applicant is planning to do in terms
of laying fiber and providing WiFi services to facilitate telecommuting and attract
Class A office uses?
Mr. Byrne stated one of the proffers relates to fiber optic cables and they are
interested in working towards that infrastructure. Further, he stated they would
enhance it if there is something additional the Town would like to incorporate.
Mayor Umstattd expressed her concerns including the potential big box feel
on the main street, the residential component in the active adult community and the
noise abatement proffer which does not seem to be strong enough. She stated it
would be nice to have a fountain as part of the project and she would want to make
sure that was proffered. Further, she expressed her pleasure with the proffering of
the design for the bridge and stated the applicant has done well on the landscaping
of Route 7, and the over all streetscaping of the project and the efforts to break up
the fac~ade of the Wegmans to give the feel of a small village.
Chris Murphy stated the Village at Leesburg consists of eight applications
including the Town Plan amendment, Zoning Ordinance amendment and special
exceptions. He outlined staff's concerns with the application and recommendation
for denial.
There was further Council discussion of staff's concerns.
Councilmember Zoldos verified the public hearing would be held October 25.
For consideration and discussion:
1. Utility Rate Study Results
Mr. Wells introduced David Rose of Davenport and Associates.
David Rose, Davenport and Associates, stated he previously addressed
Town Council Worksession for October 11, 2005 Page
Council with recommendations to ensure the financial integrity of the general fund
and the enterprise fund. He stated the general fund recommendations were put in to
place and the Town subsequently received credit rating upgrades from the national
credit rating agencies. Further, he stated a cost of service study has been completed
for the enterprise fund to ensure the fiscal independence and integrity of the fund.
Mr. Rose introduced Mr. Ed Donohue of the Municipal and Financial Services
Group.
Mr. Donohue provided an overview of the necessity of the study and a history
of the water and sewer rates stating the rates were last increased in 1992. He
recommended keeping the rate increases modest over time while insuring the
regular maintenance is provided. Further, he introduced David Hider.
David Hider, Municipal and Financial Services Group, stated his
recommendation to increase the water rates by nine percent for three years with
subsequent indefinite two to three percent yearly increases to keep up with cost of
living. Further, he stated they are recommending a 11 percent increase in the sewer
rates for the first year with three subsequent increases of 10 percent a year and
indefinite two to three percent increases following that.
Councilmember Hammler verified the rates are the same for residential and
commercial customers as is consistent with other municipalities.
Mr. Rose stated his recommendation that Council establish a fund balance
policy for the enterprise fund of two times the revenues. He outlined the next steps
in the process to set a public hearing and adopt the rates before the Town meets
with the bond agencies in December or January.
Vice Mayor Martinez verified the proposal is for a hundred dollar increase over
the next five years.
Mr. Rose stated the Town is in catch-up mode as the rates are less costly to
the citizens now than what was paid in 1992 when you figure in inflation. Further,
he stated these increases will put the enterprise fund on stronger footing, which will
be looked at favorably by the bond agencies.
Councilmember Zoldos stated his concurrence with the recommendation to
increase the rates; however, the out-of-town users should pay double what the in
town users pay because the Town does not receive revenue from them even though
they use our infrastructure.
Councilmember Hammler stated if you take an average house on either side
of the Town boundary the house in-town pays an additional $841 a year in taxes.
She stated that is a huge burden to the residents in Town and asked what our
contractual obligations are to the out-of-town users.
Mr. Donahue stated he is not aware of any contractual obligations.
There was further discussion regarding the usage and rates for out-of-town
and commercial customers.
Mayor Umstattd stated the proposed rate increase recommendation may be
Town Council Worksession for October 11, 2005 Page 9
responsible, but they are very high.
Mr. Wells complimented Mr. Rose, Mr. Donahue, Mr. Hider and Town staff for
their work on the rate study.
2. Community Outreach Program Update
Kate Trask introduced Greg Anselene as the new Assistant Community
Outreach Supervisor. She commented on the success of the summer
R.O.C.K. program and how that has translated into the after school program.
Further, she stated staff continues to work with many agencies to identify children
for their program.
Councilmember Kramer verified the program at The Fields is larger than
most. Further, she commented on how remarkable it is to have all of these agencies
working together for this wonderful program.
Vice Mayor Martinez verified the age group is 5-12. He asked if staff has
considered incorporating a mentoring program for the older children. Further, he
stated he has noticed some 13-15 year old kids that are bored and asked if there are
any programs offered for them.
Ms. Trask stated she has had many other communities mention that they
would like this program in their neighborhood and it is really just a matter of
planning and having the resources to do it.
Vice Mayor Martinez stated one of the biggest problems in Leesburg is the
number of bored teens who need a place to go such as a teen center. Further, he
complimented staff on their work with this program.
Councilmember Burk stated the Boys and Girls Club is meeting tonight to
discuss a center for the older children.
Councilmember Horne verified there are after school child care programs
offered in the Loudoun County schools, and asked if we are working with them.
Ms. Trask stated we are not currently working with them; however, the Youth
Services Division of Loudoun County Parks and Recreation is aware of the program.
Jenny Sexton stated the R.O.C.K. program does not go to the schools, rather
they are in the neighborhoods waiting for the children when they get off the school
bus. She stated transportation is a major issue for a lot of their kids.
Councilmember Horne stated this program has gotten off to a great start and
she commended staff for the work they are doing to make a difference in the lives of
these children.
Councilmember Zoldos suggested that staff apply for grants to enhance and
expand the program.
Councilmember Hammler welcomed Mr. Anselene to the staff. She asked
what has been the biggest surprise in working with this program.
Ms. Sexton stated her surprise with the attendance and parental support.
Town Council Worksession for October 11, 2005 Paqe ]0
Mayor Umstattd stated she has heard positive comments from residents at
Heritage Square regarding the R.O.C.K. program staff and the Leesburg Police
Department.
3. Sycolin Pressure Zone (Rt. 443) water storage tank pro rata
Aref Etemadi outlined the service area for the tank including existing
customers of the Town and properties that could benefit from the construction of this
tank in the future. He stated staff estimates the cost of construction and engineering
services to be $3.5 million; 45 percent for in-town properties and 55 percent for
those out of Town. Further, he stated the cost for each of the properties has been
identified and the pro rata will enable the Town to recoup the cost of the tank.
Councilmember Zoldos asked for the construction timeframe.
Mr. Etemadi stated if everything goes well construction could begin in late
spring or early summer,
Councilmember Zoldos verified the size of the tank to be 1.5 million gallons.
Further, he asked if Council has voted to extend water and sewer to the properties
outside the Town.
Mr. Etemadi stated adoption of the pro rata would not imply the extension of
utilities to these properties outside of the Town, He stated the tank could be limited
to 1 million gallons in size if Council does not desire to service these other properties
in the future,
There was further discussion regarding the properties outside of the Town's
limits.
Mayor Umstattd verified this pro rata cost is in addition to the availability fees
and would be a special assessment based on the density of the property. She stated
if we are looking at substantial increases in user fees for water and sewer to handle
growth are we charging enough here to cover growth needs?
There was further discussion regarding the need to increase availability fees
and whether the proposed pro rata fees are adequate.
For information only:
Preview Items for October 24, 2005 work session
There was no discussion on the following items:
a. Transportation Enhancement Grant - public hearing
b, Christ Community Church utility request
On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the
meeting adjoined at 12:06 am Tuesday, October 12, 2005.
ldith W, Ahalt
erk of Council
2005_tcwsminlOll