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HomeMy Public PortalAbout2005_12_12 Council Work Session December 12, 2005 Council Chambers, 25 West Market Street, 7:28 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Katie Sheldon Hammier, Susan B. Horne, Melinda Kramer, Marty Martinez, Bob Zoldos, and Mayor Umstattd. Council members Absent: None Staff Members Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief of Police Joe Price, Director of Capital Projects Management Nagi Elsewaissi, Director of Economic Development Betsy Fields, Director of Engineering and Public Works Tom Mason, Director of Finance Norm Butts, Deputy Director of Capital Projects Renee LaFollette, Budget Officer Mike Freda, Urban Forester Jay Banks, Management Specialist Tami Watkins and Deputy Clerk of Council Deb; Parry. AGENDA ITEMS Council Meeting of December 13, 2005: a. Adelphia - Comcast Franchise Transfer Agreement - Public Hearing Barbara Beach stated a resolution for denial was prepared because up until 3:30 today Comcast would not agree to some of staff's conditions. She stated it now looks like we might come to an agreement before tomorrow's vote so a resolution to approve has also been prepared. Ms. Beach introduced Tom Seeman, Leesburg Cable Commission Chairman. Mr. Seeman stated the Cable Commission established a subcommittee some time ago to conduct a yearly evaluation of Adelphia's service in preparation for the transfer. He stated the subcommittee met three times and found that Adelphia is in compliance. Ms. Beach stated there were three items including up-to-date-studio equipment, payment of outside attorney's fees and Comcast's use of a shell company for the transfer. She stated Comcast is willing to negotiate. Mr. Seeman stated the Commission members are in agreement to proceed with the transfer if final agreement is made with Comcast. Ms. Beach stated she invited Comcast to attend tomorrow's Council meeting if an agreement is not reached. Councilmember Zoldos asked if Comcast will provide updated equipment in the studio. Ms. Beach stated the actual criteria for the agreement does not require an upgrade of the equipment assuming it is sufficient. b. Declaring that a public necessity exists and authorizing offers to acquire rights-of-way, temporary and permanent easements for Town Council Worksession for December 12. 2005 Page 2 Sycolin Road Phase I improvements project, and authorizing condemnation if offers are not promptly accepted. Nagi Elsewaissi stated this is for the intersection of Sycolin Road and Battlefield Parkway in conjunction with the Oaklawn project. He stated this intersection is funded by Loudoun County Gas Tax monies and additional funds from Oaklawn. Council member Burk asked if the owners are willing to accept the offers. Mr. Elsewaissi stated there may be problems in negotiating with Sycolin Center, LLC; however, the other three properties should agree to the easements. Mayor Umstattd asked if all the properties are zoned commercial. Mr. Elsewaissi stated the Sycolin Center, LLC property is zoned commercial, the second property is owned by the Beauregard homeowners association and the third is a private property for a trail maintenance easement. c. Approving policies and procedures for the Town of Leesburg Government Access Channel 21. Tami Watkins stated staff has drafted policies and procedures for use of government access Channel 21 in anticipation of the move from Channel 24. She stated the goal of this channel is to facilitate information regarding Town policies and events to our residents. Council member Burk asked who decides what programming is acceptable. Ms. Watkins stated the policies allocate final authority to the Town Manager in consultation with herself and the Public Information Officer. Council member Hammier stated every time she sees Dan Tabler at Wal- Mart he always comments on the assistance provided to him by Ms. Watkins. She asked if non-profit organizations such as the Leesburg Downtown Business Association would have the opportunity to be featured on this channel. Ms. Watkins stated as long as the non-profit has a connection to the Town such as receiving Town funding or co-sponsoring an event on Town property they could add promotions for that event to Channel 21 at no cost. Councilmember Hammier asked how the citizens will be made aware of this new channel. Ms. Watkins stated information will be included in their billing inserts, announcements in the media, and a scroll on Channel 24 to let residents know that the program will be moving to Channel 21. d. Requesting Virginia Department of Transportation funding for highway projects within the Town of Leesburg in the Virginia Department of Transportation Six-year improvement Plan for Fiscal Years 2006-2007 through 2011-2012. Town Council Worksession for December 12. 2005 Page 3 Tom Mason stated this is to amend the resolution Council adopted to add the segment of Battlefield Parkway between South King Street and Evergreen Mill Road. Councilmember Hammier stated this was triggered as part of the discussion during the legislative dinner. She expressed the importance of this segment of Battlefield Parkway as it is the only inactive link. For consideration and discussion: 1. Urban Forestry Management Plan Earl Hower, Leesburg Tree Commission Chairman, outlined the benefits of the tree canopy to the Town. He thanked the Virginia Department of Urban Forestry, commission members, staff and citizens who worked on this plan. Further, he introduced Jenny Gulick from Davey Resource Group. Ms. Gulick discussed the benefits of trees stating statistics show the Town has had a 70 percent canopy loss in the past ten years. She outlined the management plan, recommendations and the three implementation periods over the next 20 years. Further, she stated the Town can address the problem now by planting street and park trees, strengthening development requirements, creating tree mitigation sites, improving public tree maintenance and educating the public. Councjlmember Kramer thanked staff and the commission for their efforts. She thanked Bruce Dewar for the recent tree planting at Balch Library. Councilmember Burk stated she was delighted to see the citizen surveys and input as part of the process. She asked if residents can call Jay Banks if they have questions regarding trees. Mr. Banks stated he receives several calls a week from residents and most information can be found on the Town's website. Councilmember Horne thanked the Commission for their efforts. She stated this was a big step by the Town and speaks to where the Town should place its priorities in the future. Councilmember Zoldos thanked staff and the Commission for their efforts. Councilmember Hammier thanked the Commission for their efforts. She asked if any recommendations in the management plan would require amendments to the Town Plan and if there are any communities we can look to as case studies for this. Further, she stated we should be on the fast track with ordinance updates and proffer guideline amendments. Ms. Gulick stated Fairfax County, City of Alexandria, Arlington County and City of Falls Church is facing similar issues. Councilmember Hammier asked the timeline for this process. Mr. Banks stated the document is in its final stages with minor changes and staff would like Council's endorsement. Mr. Wells stated any funding recommendations would coincide with the Town Council Worksession for December 12. 2005 Paqe 4 budget process. He stated prior to that Council may wish to have further discussion of the plan before endorsement or hold a public hearing. Further, he stated it would be appropriate to adopt the plan during the budget process. Council member Hammier expressed her support for a public hearing. Mayor Umstattd thanked the Tree Commission for their efforts. She stated we have little authority under state law to require developers to save trees. Further, she stated much community outreach is needed. 2. Economic Development Commission Annual Report Ara Bagdasarian, Leesburg Economic Development Commission Vice Chair, provided a status report of the Commission's activities over the last 18 months and what is to come. He highlighted key projects including the implementation of the Business Development Strategy Plan, creation of the Crescent District, small business forums and the way finding sign system. Council member Kramer and Vice Mayor Martinez thanked the Commission members for their efforts. Councilmember Burk stated these meeting highlights how effective and hard working all of our Commissions are. Councilmember Horne thanked the Commission for their hard work. She stated she attends these meetings and it is wonderful to leverage these amazing volunteers with the investment the Town makes in these studies. Council member Zoldos thanked the Commission for their report stating he is excited to see these projects get off the ground. Councilmember Hammier thanked the Commission for their report. She commented on the brown Historic District and way finding signs stating they have made a huge difference. Further, she asked the status of the Crescent District Master Plan. Mr. Wells stated final comments went to the consultant last week and the plan should be going to the Planning Commission shortly. Councilmember Hammier asked if there has been any measurement on how the parking promotion is going. Mr. Wells stated we have noticed there is still available parking on the streets; however, there is less availability once you approach the courts complex on King Street. He stated the parking garage has not been filled and a number of the Town staff members are parking at Liberty Street to maximize parking opportunities. Council member Hammier stated it would be helpful to have an official debrief on the parking program after the holidays. She stated she is pleased to see the Commission's emphasis on the Class A office space and how important that will be. Further, she stated she would like the Commission to become more involved in some of the rezoning applications such as KSI and Peterson. Town Council Worksession for December 12. 2005 Paqe 5 Mayor Umstattd thanked the Commission for their efforts. Bill Michell, Leesburg Economic Development Commission, thanked Karen Jones for her leadership stating she could not attend this meeting as she is recovering from knee surgery. Further, he thanked Betsy Fields, Marantha Edwards and Lisa Capraro. Mayor Umstattd reported that Leesburg's small businesses won the majority of awards at the Loudoun County Chamber of Commerce's Small Business Award Ceremony. 3. Preliminary CIP /Proffer Guidelines Mayor Umstattd thanked Bridget Bangert and the Planning Commission for their efforts on proffer guidelines. Mr. Wells stated the preliminary Capital Improvement Plan will go the Planning Commission for comment before it is forwarded to Council. He thanked staff for their efforts in drafting the document. Further, he stated the importance of stability in the Capital Improvement Plan rather than a document that changes wildly from year to year. Bridget Bangert, Leesburg Planning Commission, stated the County is responsible for providing the capital facilities needed for Town residents as the Town continues to grow. She stated her concern that every unit approved in the Town does not include funding for this County infrastructure. Further, she stated there should be a specific dollar amount attached to each type of residential unit to recover funds and allow development to pay for itself. Vice Mayor Martinez stated people in Leesburg forget that we are County residents and pay County taxes too. Council member Kramer stated this is the right direction for us to proceed; however, it should be done in phases. Commissioner Bangert stated the sitting Loudoun County Board of Supervisors came in with the idea that these capital costs were too high and should be lowered; however, once they analyzed these cots it was found that they were not high enough. Further, she stated the costs are now updated once a year and there will be a large increase this year. Councilmember Kramer asked if other localities have a similar system. Commissioner Bangert stated the County sent letters to the Towns asking them to adopt similar guidelines. She stated Leesburg adopted the school guidelines; however, we fall short of providing for other needs. Council member Zoldos verified none of the other Town's in Loudoun County have adopted these guidelines. Mr. Wells stated when the school intensity factor was adopted by Council, staff received direction to look at the services provided between the County and the Town to determine what items would be appropriate for the Town's capital intensity Town Council Worksession for December 12. 2005 Page 6 factor. He stated the first step is the Capital Improvement Plan and the development of a Town capital intensity factor that would coincide with our budget process. Vice Mayor Martinez stated he would like to know the capital intensity factor cost for a single family detached dwelling in the County versus the Town. Ms. Bangert stated the County's capital intensity factor would be $37,660 per unit including the school numbers. She stated the Town has not established a cost yet. Mr. Wells stated the non-school portion of that cost is $7,900 of the $37,660. Councilmember Horne expressed concern that the County could lower the Town's gas tax allocation asking if this could be leveraged to cover the difference. Ms. Bangert stated these numbers do not include transportation costs as those are established separately from the capital numbers. Ms. Beach stated a proffer is a designated sum of money for a designated use. Councilmember Zoldos stated he is not in favor of adopting the County's capital intensity factor as the money should remain in the Town and used for our citizens. He stated proffers are voluntary contributions that developers provide to offset future capital costs. Further, he stated there are services that the Town provides for which there are no contributions from the County including police and fire and rescue. Councilmember Hammier stated this is an opportunity to set the tone with the County in a positive way and thanked Ms. Bangert for her hard work. She stated in putting something like this in place you make the process go smoothly. Further, she stated there are great opportunities for leadership and we should discuss this with other Towns in the County. Mayor Umstattd thanked Ms. Bangert for her efforts. She stated Planning Commission Chair Kevin Wright expressed concern that the Town would be administering this program in lieu of the County. Further, Planning Commissioner Burk stated it would've been helpful to have this list of factors to measure the Mitchell and Best project against. Mr. Wells stated the staff's focus is the development of the Capital Improvement Projects document as a beginning step to understand what our capital needs are. He stated beyond the CIP staff has been directed to provide feedback on any master plan or other capital needs beyond the six-year window. 4. Sanitary Sewer Extension to a portion of CBRE Holding Company Subdivision (AKA Lee Center Business Park) Randy Shoemaker outlined Blake Landscapes request for a temporary sewer pumping station and access. He stated staff recommends denial because the request is not consistent with the Town Plan as the property is not contiguous with the Town. Further, he stated Luck Stone and Goose Creek Golf Course are in that area and currently have private pumping stations that pump directly to the Wastewater Treatment Plant. Town Council Worksession for December 12. 2005 Page 7 Mr. Shoemaker introduced Mr. Frye with Blake Landscapes. Mr. Frye stated this request is for a temporary pumping station and access just until water and sewer is extended to the Lower Sycolin Sewer Shed in conjunction with the Town Plan. He stated they have looked at drain fields and pump and haul system; however, it is not the most practical option. Further, he stated the entire extension is private and the easement to the wastewater treatment facility is already in place. Councilmember Zoldos stated he would support an amendment to the Town Plan to allow for this request. He stated this use would virtually eliminate the possibility of a power plant on this property. Further, he stated they would pay for the temporary system and abandon it when the Town extends utilities to this area. Councilmember Hammier expressed concern with the precedent this could set and asked that Council consider if our residents could benefit from this. Councilmember Kramer asked for the timeline on the temporary use. Mr. Frye stated the Town has indicated they would begin design of the system in 2006 with construction in 2008; however, the Town controls when the utilities would be extended. There was further discussion regarding the location of the site in relation to Crosstrails Boulevard. Mayor Umstattd stated prior to Council action she would like assurances that a power plant would not be located on this property. Mr. Frye stated he would agree to a deed restriction that would ban a power plant on the site. Ms. Beach stated the most we could have control over would be a deed restriction that runs with the land; however, it might not prohibit condemnation. For information only: Preview items for January 10, 2006 work session a. TLBA 2005-0001 Oaklawn Status - Joint Public Hearing There was no discussion of items a-c. b. Budget Update c. Revenue Bond d. Amending Section 11-38 of the Leesburg Town Code Ms. Beach stated staff has received complaints from residents who are concerned with their neighbor's yard is maintained. She stated The Town Code allows for criminal penalties to be assessed; however, the State Code allows civil penalties enforced by the Town Attorney. Further, she stated an ordinance has been drafted to allow us to assess civil penalties in lieu of criminal penalties and asked that a public hearing be scheduled in January. After further discussion it was the consensus of Council to schedule a public hearing in January. Town Council Worksession for December 12. 2005 Paqe 8 New Business Councilmember Horne asked that an item be added to the January 10 work session to discuss the swim lane use policy at Ida Lee. Councilmember Hammier stated the Parks and Recreation Commission and Ida Lee set their own policies and they endorsed the swim lane policy last month. Closed Session to discuss legal matters regarding International Pavilion and Dominion Virginia Power On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the following motion was proposed: Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I 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, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 The Council convened in closed session at 9:55 pm. The Council reconvened in open session at 10: 12 pm. On a motion by Mayor Umstattd, seconded by Council member Zoldos, 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 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, Hammier, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 7-0 Adjournment On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer, the meeting adjoined at 10:12 pm. ~ /LJ. IlJur dith W. Ahalt lerk of Council 200S_tcwsmin1212