HomeMy Public PortalAbout2005_11_07Council Work Session November 7, 2005
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Katie Sheldon Hammler, Susan B. Horne,
Melinda Kramer, Marry 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, Chief of Police .loe Price, Director of Capital Projects Management Nagi
Elsewaissi, Director of Economic Development Betsy Fields, Director of Engineering
and Public Works Tom Mason, Director of Planning, Zoning and Development Susan
Swift, Director of Utilities Randy Shoemaker, Deputy Director of Utilities Aref
Etemadi, Planner Chris Murphy, Tourism Coordinator Marantha Edwards, Downtown
Coordinator Lisa Capraro, Management Specialist Tami Watkins and Deputy Clerk of
Council Debi Parry.
AGENDA ITEMS
Council Meeting of November 8, 2005:
a. TLSE-2005-0002 B&M Motor Cars special exception to permit
vehicle sales within the B-3 Zoning District - Public Hearing
Chris Murphy stated the property is located at 911 Edwards Ferry Road
and is the last parcel available at the Leesburg Park Shopping Center. He
stated the Planning Commission voted 4-2-1 to approve the special exception
with conditions.
There was no Council discussion.
b. Establishing a pro rata fee for the Sycolin Pressure Zone water
storage tank
Aref Etemadi stated staff has been working with Loudoun County to
receive a parcel of land for construction of the storage tank. He stated as
part of the planning for the tank staff established recommended pro rata fees
on a parcel by parcel basis to recoup costs.
Councilmember Zoldos asked if staff has received approval from the
Federal Aviation Administration for the tank site.
Mr. Etemadi stated the Town has received preliminary approval; however,
once the final design is completed we will apply for final approval.
Mayor Umstattd asked why the Town is funding 12 percent of the sanitary
sewer shed and 37.5 percent of the tank.
Mr. Etemadi stated the water tank pro rata will benefit the entire
Sycolin Pressure Zone watershed; however, the sanitary sewer system will
service a smaller piece of the area and fewer Town residents.
c. Extending water and sewer service to the approximately 15 acre
property owned by the Southeastern District of the Lutheran
Town Council Worksession for November 7, 2005 Page 2
Church, Missouri Synod and located adjacent to the Woodlea
Manor development
Randy Shoemaker stated this issue was discussed at the last work session
and staff has provided two resolutions for consideration; one to approve the
utility extension with a boundary line adjustment and one to simply extend
the utilities outside the Town boundaries.
Mayor Umstattd asked that language be included in the resolution to state
the utilities are for church use only incase the property is sold.
Pastor Davis stated the only immediate plans are to include a child
development center with a preschool.
Councilmember Horne expressed concern that these limitations might limit
their options to expand their ministry in the future.
Ms. Beach stated it would depend on how the limitations were worded.
Councilmember Burk verified the church could come back to ask for a
reconsideration.
Councilmember Hammler asked if the church has a preference with regard
to extension of the utilities with or with out a boundary line adjustment.
Pastor Davis stated the boundary line adjustment would be fine. He
stated he would appreciate the opportunity to expand their ministry as the
need arises.
Closed Session
Mr. Wells stated Council will be discussing two legal maters in closed session,
one involving Mr. Tom Nicholson.
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, T move that the
Leesburg Town Council convene in a closed meeting to discuss legal matters.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
The Council convened in closed session at 8:07 pm.
The Council reconvened in open session at 9:07 pm.
On a motion by Mayor Umstattd, seconded by Vice Mayor IVlartinez, the
following motion was proposed:
In accordance with Section 2.2-3712 of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only public
business matters lawfully exempted from open meeting requirements under
Town Council Worksession for November 7, 2005 Page
the Virginia Freedom of :Information Act and such public business 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, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
For consideration and discussion:
1. Marketing Plan for the 2005 Holiday Season & LDBA presentation
Betsy Fields stated at the previous meeting Council approved free parking in
the downtown from November 28, 2005 until .lanuary 6, 2006. She stated staff has
been working on the marketing for this program and introduced Lisa Capraro and
Marantha Edwards.
Lisa Capraro stated staff will work closely with the Finance Department to
implement the parking changes for the holidays. She outlined plans to advertise the
program to visitors once they've reached the downtown by placing bows and gift
tags on the meters and packaging signs to make it very clear parking is free.
Further, she stated the Finance Department will be monitoring the occupancy of the
garage and Town staff will be parking at Liberty Street.
Ms. Capraro stated she will work with Crossroads and the Leesburg Downtown
Business Association to market the program and encourage the downtown
employees to leave the parking spaces open for the visitors.
Ms. Edwards stated the holiday programs and free parking will be marketed in
Clipper Magazine and Travel Host Magazine. She stated we will advertise in the
Middleburg Eccentric and on W:[NC radio for the first time this year as well as
Leesburg Today and Loudoun Times-Mirror. Further, she stated there will be a
postcard mailing to Leesburg residents.
Councilmember Hammler stated she would like to see this on the front page
of the website and perhaps add a map for people to print off.
Ms. Fields stated staff is working to establish a downtown portion of the
website which would have something like that including a calendar of happenings.
Councilmember Horne asked the status of her request that some of the
downtown streets be closed for the First Friday celebration in December.
Ms. Fields stated she has spoken with the downtown merchants and they do
not want the streets closed. She stated the streets will be closed on Saturday for the
parade.
Councilmember Zoldos suggested adding a link to Mapquest on the website.
Councilmember Hammler suggested an effort to have homeowners post signs
in their yards supporting the downtown.
Ms. Capraro stated after the holiday season staff will speak with the
businesses to get direct feedback on how this program has worked for them.
Town Council Worksession for November 7, 2005 Page 4
Mayor Umstattd asked for information regarding which hotels in which
jurisdictions will have the Travel Host magazine in their rooms.
2. Establishing pro-rata fees for the Lower Sycolin Sewer Shed Sanitary
Sewer Conveyance System
Mr. Etemadi stated this was initiated by Council's decision that water and
sewer service be extended to Bolen Park and outlined staff's recommendation. He
outlined the pro rata fees stating they would be charged to the developer when the
public utility permits are issued.
Councilmember Zoldos stated he believes the Town should stick with the
master plan and supports the pump station.
Councilmember Hammler verified the existing homeowners will not receive a
3. Affordable Dwelling Unit (ADU) ordinance and related programs
Susan Swift stated staff has looked at the State Code and the Loudoun
County ordinance regarding affordable dwelling units. She stated staff plans to
partner with Loudoun County to create an ordinance for the Town that is similar to
their own. Further, she stated the County's ordinance applies to any residential
project including by-right uses.
Mayor Umstattd verified it would apply to a mixed-use project with a
residential component.
Ms. Swift stated the requirements of more than 50 units, a minimum
density of one-acre per unit and public utilities. She stated there is another provision
where a developer can pay cash in lieu of the housing with the recommendation of
the Housing Board and the approval of the Board of Supervisors. Further, she stated
the state law is based on density bonuses.
IVls. Beach stated the Town's enabling statue is very specific and doesn't
reflect the flexibility that the County's does. Further, she stated we may want to
request a legislative item to modify the enabling legislation for Counties to state "...or
any Town therein...".
Tt was the consensus of Council to consider legislation tomorrow night.
Councilmember Burk asked the benefit of partnering with the County.
Ms. Swift stated the benefit would be that the County would handle the
monitoring and administration of the program for the Town.
Councilmember Home thanked Ms. Swift for her research and stated the
Town needs to be proactive in offering workforce housing programs. She stated she
would like to see the Town start with a pilot program for our police officers and
asked if partnering with the County on a holistic program would preclude the Town
from doing this.
There was further Council discussion regarding the two programs.
Town Council Worksession for November 7, 2005 Page 5
Councilmember Zoldos expressed his concern that if we partner with the
County it might put our residents in direct competition for units with other residents
in the County. He stated there wouldn't be that many units in the Town and
therefore there shouldn't be much work involved in administering the program.
Further, he outlined the County's lottery program for affordable housing for teachers.
Mayor Umstattd asked if the Town would be precluded from having a
developer proffer workforce housing because we do not have an ordinance.
Ms. Beach stated we have a proffer similar to that as part of the KS:[
development. She stated it does have a provision that if the program does not have
administrative guidelines within six months of the date the occupancy permit or the
money will go away.
There was further discussion of this proffer and the Federal and County
prog ra ms.
Mr. Wells stated staff will continue to research two programs; a general
program and a workforce program that would be Town employee specific. Further,
we will also look at the pros and cons of a memorandum of understanding with the
County.
4. Proposed changes to land development time extension and bond
release process
Tom IVlason outlined the proposed changes to the Town's policy for land
development time extensions and bond release process. He stated some of the
changes can be implemented administratively and others require Council action.
The proposed changes were outlined as follows: (a) increasing the time for
performance contracts from two to four years, depending on the type of project; (b)
measuring time when construction starts rather than the date of the performance
agreement; (c) allowing one extension for extraordinary conditions such as bad
weather; (d) requiring semi-annual status reports for all projects; (e) setting
milestone dates for completion of certain improvements such as street lights, trails,
and landscaping; (f) requiring detailed completion schedules for all time extensions
for current projects; (g) changing the ordinance to set minimum improvements for
occupancy of structures prior to completion of all improvements; (h) increasing unit
prices for bonded items and updating prices annually; (i) including performance
milestones in proffers and special exception conditions; (j) requiring the developer to
attend Town Council meetings if they need to request an extension; and (k)
reviewing project phasing and how large projects are divided into sections.
Councilmember Hammler stated these items are frequently voted on under
the consent agenda and perhaps they should be placed on the regular agenda.
rvlr. Mason stated we have two other large planned developments under
construction that will be before Council for time extensions in the next couple of
months. He stated staff has tried to identify what is left of the major steps and most
of the work in the developments is very close to completion.
Mayor Umstattd expressed support for items c, g, h and i stating the
importance of informing the development community of these changes.
Town Council Worksession for November 7, 2005 Page 6
Councilmember Horne concurred with the Mayor's comments. She stated we
need to look at more regulations up front rather than on the back end.
Councilmember Zoldos expressed concern with items a and b. He stated we
need to establish criteria for time extensions. Further, he would like to receive
quarterly reports rather than semiannual.
Councilmember Hammler stated she understands the State Code does not
allow for penalties. She asked if there are creative ways to do this through
proffers.
Ms. Beach stated the biggest penalty is to pull the bond.
Mr. Wells stated these proposals should be looked at as a package rather than
individual items. He stated setting the public expectation up front and adding
more teeth to the regulations are very important.
Councilmember Kramer stated this tool would ensure Council does not need
to be involved in all the little parts of these issues. She stated this is an efficient
way for homebuyers and developers to know the process.
There was further discussion of this issue including fee structures for staff
time once the project exceeds a certain time period.
For information only:
Preview items for November 21, 2005 work session
TLSE-2005-0004 Carr Tank to permit a major public utility in
the B-3 Zoning District - Public Hearing
There was no discussion of this item.
Cornwall Campus office building
There was no discussion of this item.
c. Oaklawn Plan Amendment
Susan Swift stated the Planning Commission had concerns regarding
the date for the joint public hearing as at least two of their members would be
unable to attend. She suggested moving the public hearing to the January 10
meeting.
Tt was the consensus of Council to move the public hearing to January.
Adjournment
On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer,
the meeting adjoined at 10:41 pm.
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