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
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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
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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.
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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.
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lerk of Council
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