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HomeMy Public PortalAbout2006_01_09 Council Work Session January 9, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Katie Sheldon Hammier, Susan B. Horne, Melinda Kramer, Marty Martinez, Bob Zoldos and Mayor Umstattd. Councilmembers Absent: Council member Zoldos left at 8:30 pm. 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, 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, Director of Parks and Recreation Kaj Dentler, Director of Utilities Randy Shoemaker, Deputy Director of Finance AI Long, Assistant Director for Recreation Rich Williams, Assistant Director for Parks Bill Ference, Zoning Administrator Brian Boucher, Chief of Comprehensive Planning David Fuller, Management and Budget Officer Mike Freda, Preservation Planner Annie McDonald, Engineer Ann Geiger, Recreation Programs Manager Kate Trask, Center Supervisor Katie Jackson, Aquatics Manager Jay Allred, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS Council Meeting of January 10, 2006: a. TL TA-200S-0001 Oaklawn Plan Amendment Vice Mayor Martinez verified residential use is not allowed because this site is in the Dulles Greenway Corridor. He stated it is his understanding that the Fire Department does not wish to use the proffered site at Oaklawn and asked if that property could be converted to a park and ride lot. Mr. Steve McGregor stated he would have to consult with the Town Attorney regarding the legality of such a change. Ms. Swift stated the fire and rescue site proffer was part of the rezoning and the applicant would have to file a proffer amendment. Councilmember Hammier stated she has discussed this with Terrie Laycock from Loudoun County stating we would need to look at the timing to see if we could get a park and ride site on the property prior to 2007. Ms. Colleen Snow, attorney for the applicant, stated when the rezoning was approved there was discussion of a park and ride lot on the property; however, Mr. Cullen with Keene Enterprises did not receive a response to his proposals from the County. Further, she stated Mr. Cullen is not ready to have this discussion at this time as it is not related to the Town Plan amendment application. Ms. Swift stated the Town Plan did not include a park and ride lot at this site because the idea came up late in the Oaklawn application process and after negotiations Mr. Cullen decided he didn't want the change in land use. Further, she stated this was not discussed as part of the Town Plan. Town Council Worksession for January 9. 2006 Page 2 Ms. Snow stated she would have to discuss this option with Mr. Cullen; however, she would hope that any discussions would remain independent of the Town Plan amendment. b. Amending the FY 2006-2010 CIP to authorize construction of the Plaza Street Shell Drainage Improvements Project and award the Fort Evans Road Alternate I construction contract. Mr. Elsewaissi outlined the project and stated the pro rata share discussion will come before Council next month. There was no Council discussion. c. Awarding the Utility Lines Maintenance Building (ULMB) construction contract for building #1 and its associated site work to Waynesboro Construction in the amount of $5,415,856. Mr. Elsewaissi stated this project was bid in March of last year and after receiving the bids staff decided to separate the two buildings originally proposed. Additionally, staff did some of the site work which saved $1 million of the project cost. Council member Hammier verified Waynesboro Construction was the lowest bidder for the site work and the construction. d. Endorsing the Community Development Block Grant (CDBG) application. Ms. Tami Watkins stated the grant application requires a resolution of endorsement from Council. She stated this year's application is seeking funding for camp scholarships for children from low to moderate income families. There was no Council discussion. e. Approving the Sycolin Road Widening Phase II Town/VDOT Administrative Agreement and authorizing the Town Manager to execute this agreement. Mr. Elsewaissi stated we have secured funding from VDOT, the County and left over funds from Phase I in the amount of $2.3 million. He stated design of the project is underway and Phase II should begin after Phase I has been completed. Vice Mayor Martinez verified we are waiting for funding for Phase III which should be underway in 2012. Council member Horne verified Phase II should be completed in 2007. f. Approving the proposed plan of action for use of the A.V. Symington donation to provide public recreation improvements at Ida Lee Park. Mr. Kaj Dentler stated the Parks and Recreation Department received a donation in the amount of $4.25 million from the A.V. Symington estate. He stated in September 2004 Council appropriated $50,000 of this money to conduct studies to determine the best use of the funds. Further, staff and the Parks and Recreation Commission have held community input sessions and Town Council Worksession for January 9. 2006 Paqe 3 surveys to determined the top recommendations which were an outdoor pool, covered tennis courts and the acquisition of property adjacent to Ida Lee. Mr. Dentler stated construction of these improvements will require the use of some public funds. Further, he stated staff and the Parks & Recreation Commission recommend property acquisition as the top priority. Mayor Umstattd asked for the language from the KSI parks proffer. Vice Mayor Martinez verified the survey was done after the announcement that the racquet club would close. He stated the residents of the County and Town currently pay the same for use of Ida Lee and asked if that would apply to the outdoor pool and tennis courts. Mr. Dentler stated staff recommends that separate fees be established for residents and non-residents of the Town. He stated the agreement with the County regarding the fee structure ends in three years and staff will recommend that separate fees be charged for use of the recreation center. Vice Mayor Martinez asked if staff has considered extending that agreement if the County were willing to contribute funds towards the outdoor pool and tennis courts. Mr. Wells stated staff has spoken with the County regarding the option to extend the agreement; however, the County has not responded. Councilmember Burk verified the covered tennis courts would be available for programming and general public use. There was further discussion regarding the improvements, the fee structure agreement with the County and the possibility of a recreation center at Bolen Park. Mr. Dentler introduced David Rose, Davenport Associates, to discuss the public financing aspect of the project. Mr. Rose provided a briefing regarding supplementing the donation with a $1 million proffer from KSI with public funds for these projects. He stated the funding would be done in two parts, the first being interim financing of two to five years and the second part being permanent financing. Councilmember Horne stated she would like to see the revenue projections before the vote. Mayor Umstattd stated the Town has already been criticized by the bond rating agencies for our level of debt. Mr. Rose stated we can talk to them regarding this project as part of the overall capital projects program. Councilmember Hammer stated quality of life is the top priority for the residents and we need to seize this opportunity. Town Council Worksession for January 9. 2006 Page 4 There was further discussion regarding the acquisition of a portion of the O'Connor property. g. Initiating amendments to the Zoning Ordinance, Article 7 Overlay and special Purpose Districts and Article 15 Sign Regulations to permit administrative review of signs in the Old and Historic District. Ms. Annie McDonald stated the Board of Architectural Review has revised the guidelines for signs and established the criteria for administrative review. She stated they are looking at the possibility of increasing staff's role in the future. Further, she stated the Board is working on revising the Old and Historic Districts Guidelines and hope to have that completed in July. Councilmember Burk stated she looks forward to getting the administrative approval process in place. h. Authorizing a joint public hearing for TLSE-2006-0001 Enterprise Rent-A-Car vehicle rental use at Virginia Village Shopping Center, 33 Fairfax Street Ms. Betsy Fields stated this is a request to expedite the special exception process. She stated after 15 years Enterprise has lost their lease at Bellwood Commons. Further, she stated the joint public hearing would reduce process by six weeks. Council member Horne verified most of the excess cars will be offsite. For consideration and discussion: 1. Auditor's Report (CAFR) Mr. Norm Butts introduced Mensel Dean, Audit Partner and Mike Garber, Auditing Partner and Government Niche Team Leader from PBGH to present their audit findings. Mike Garber, PBGH, outlined the audit findings and the three unqualified opinions on the financial status, internal controls and compliance with federal monies. He commended Council for the increase in water and sewer rates and recommended that Council increase fees at the airport to cover operating costs. Vice Mayor Martinez verified the monies transferred into the Airport Fund were from the General Fund and grant monies were from the Federal and State Governments. Councilmember Horne questioned the demographics in the report stating 13 years of formal education is the average level of the Town's residences. AI Long stated that information is for residents in Loudoun County. Councilmember Zoldos asked Mr. Garber to describe the overall financial health of the Town. Mr. Garber stated the overall health of the General Fund is good; however, some work needs to be done on the Enterprise Funds. Councilmember Hammier asked the status of the bond issue. Town Council Worksession for January 9. 2006 Paqe 5 Mr. Wells stated the public hearing on the utility bonds is scheduled for the next Council meeting. Councilmember Hammier asked in light of the additional assets are there additional policies that could be in place to change the focus from real estate taxes. Mr. Garber stated his recommendation that the Town establish and adopt a fraud policy. Mayor Umstattd stated previous audits have uncovered some concerns; however, it is her understanding that we are doing better. Mr. Garber stated there are a couple of issues from last year's audit that have not been addressed. He stated since Mr. Butts and Mr. Long joined the Town great strides have been made to address many auditing issues. Further, he stated he is confident that those two findings will be rectified before the next audit. Mayor Umstattd asked what fees should be increased at the airport. Mr. Garber stated he would recommend looking at a potential increase in all fees associated with the airport. Mr. Wells stated staff has not comprehensively looked at the Airport Fund; however, staff will reevaluate the water and sewer rates annually. He thanked the audit team stating they have been very helpful with their suggestions. Further, he reported the new financial management system went live on January 3. Councilmember Zoldos stated he has to leave the meeting at this time due to a work commitment. He stated he generally supports the improvements to Ida Lee Park and will meet with Mr. Dentler and his staff regarding the phasing of the projects. Further, he stated the County might want to look at the Centex property as an option for their government center. 2. Discussion of skateboard use Mr. Wells stated a number of residents addressed Council regarding skateboard use and specifically the ability for students to skateboard to Smarts Mill Middle School. He stated we are working on an upgrade of the skate park within the budget discussions and there is a project in the CIP to potentially relocate the skate park to Ida Lee. Councilmember Burk stated a number of kids have approached her to say that moving the skate park to Ida Lee would make it inaccessible to a number of people who use it now. Mr. Wells stated there isn't one good location in the Town and perhaps we should look at more than one location. He stated the CIP project for another location is approximately three years out. Mr. Wells stated in looking at where skateboards can be ridden staff decided they could be ridden on trails and on HOA property subject to HOA approval. He stated there is a trail that runs along Dry Hollow Road and connects with the King Street Trial and can be taken to the school. Further, he stated we do not have a lot of public information out for the youth to know what they can and can not do. Town Council Worksession for Januarv 9. 2006 Page 6 Councilmember Horne stated there is no way for children in the southwest quadrant to access trails to get to these skateboard facilities. She stated there is a trail along Route 15 that is in the works, but is several years away. Further, she stated there is a connection for a trail on Chancellor Street that connects to the W&OD Trail and could take the kids to Ida Lee. There was Council discussion regarding the Chancellor Street trail versus the South King Street trail. Council member Hammier stated she attended the Rust Library charret last Thursday night and they are dedicating space for a teen center. Vice Mayor Martinez stated he understands Council member Horne's concern with the Chancellor Street trail; however, there is a portion of the trail in the County which they have been unwilling to fund. 3. Sanitary Sewer Extension to a portion of CBRE Holding Company Subdivision (AKA Lee Center Business Park) Mr. John Frye, applicant, stated a letter was sent to Mr. Shoemaker addressing all the concerns expressed by staff and Council. There was no Council discussion. 4. Budget Discussion - Preliminary Revenue Projections for FY 2007 Mr. Wells stated this is the first step in addressing the budget and tax rate for the upcoming fiscal year. He stated the information in this report is based on preliminary information on assessments from the County and will be updated when the final numbers are received. Mr. Norm Butts provided the financial overview of the Town. He stated the effective real estate tax rate based on this preliminary information would be 18.5 cents which would not require a public hearing. Mr. Wells stated there are a number of capital projects in the preliminary CIP that present a number of unique opportunities for Council and by setting aside some of the available cash we can avoid adding the extra debt as discussed. 5. County Referral of ZMAP 2005-0002 Crosstrails (2nd submission) Mr. David Fuller stated staff received the first submission in July and at that time Council passed a resolution endorsing staff's position on the application. Mr. Steve McGregor provided a comparison of the first and second submissions and outlined the five reasons why staff is recommending denial including insufficient office intensity, too much retail use as a proportion of the total building size, retail uses not directly related to the needs of the office uses, residential use in the airport traffic flight plan and no indication that utilities will be provided by the Town. Councilmember Horne verified the Town is not recommending removing the office buildings from the northern parcel. Mr. McGregor stated the Town is not recommending removal of the office; however, we are recommending some type of signature architecture rather than four Town Council Worksession for Januarv 9. 2006 Page 7 small office buildings surrounded by parking. Council member Hammier stated she could not support sending this report to the County given our number one priority is to communicate to them that we are embracing the potential for an economic development opportunity for the Town. She stated it would be useful to do the economic development planning on 1.3 million square feet of office, retail, theatre and the impact on Leesburg given real estate assessments will not continue to go up. Further, she stated we should communicate why it is in their best interest to work with the Town. Mayor Umstattd stated she attended the Leesburg Volunteer Fire Department banquet on Saturday night and two firefighters asked if there was a chance of getting a fire station on the Crosstrails property Mr. McGregor stated a fire station site is proposed in the development on a five acre parcel near the airport. 6. Supervisor Bruce Tulloch's comments on new county government center Mayor Umstattd stated Loudoun County Board of Supervisor Vice Chairman Bruce Tulloch made comments at a recent meeting regarding the possibility of relocating the County government center, presumably out of the Town. She stated the Town sent an email to Supervisor Jim Clem asking that he look out for the interest of our downtown businesses. She stated he has met with Clarke Ventures and our Economic Development Commission. Further, she stated Clarke Ventures will meet with the Town Manager and herself tomorrow morning. For information only: Preview items for January 23, 2006 work session There was no Council discussion of the following items: a. TLZM-2005-0001 Harrison Park rezoning and concept plan with proffers for a redevelopment of the former Barber and Ross b. Amending the Leesburg Zoning Ordinance (ZOAM-2005-0002) and Zoning District Map (TLZM-2005-0003) to expand the Old and Historic District (H-l) Overlay District to include the Harrison Park property New Business a. Amending Chapter 11, Article I, Section 11-38 (Dangerous, Offensive, etc., Conditions on Property, Generally) of the Leesburg Town Code Ms. Sandy Kane, 815 Kenneth Place, addressed Council regarding the Town Code amendment to be approved tomorrow night. She asked if it could be amended to include ice and snow removal. Further, she commented on the difficulty of negotiating the sidewalks in Town after snow storms. Councilmember Horne asked Barbara Beach to outline difference between civil and criminal penalties. Ms. Beach stated the Virginia State Code allows towns to impose civil penalties for violations in lieu of pursuing criminal penalties through the Town Council Worksession for January 9. 2006 Page 8 Commonwealth Attorney's Office. She stated there is also an option for the Town to do the work ourselves and then charge the property owner for that work. Further, she stated if a fine is not paid a lien would be placed on the property. Ms. Beach stated Ms. Kane's amendment could not be voted on tomorrow night because it was not advertised as part of the public hearing. She stated the Town's current snow ordinance gives property owners 12 hours to clear the snow from the sidewalks. Further, she stated that issue could be addressed at another time. It was the consensus of Council to discuss potential amendments to the snow ordinance at the next work session. b. B&M Motorcars Ms. Beach stated the application is not in a proper design and there are legal and traffic issues. She stated she has spoken with the applicant's attorney and changes have been made to the application which might require a new public notice. Mr. Bob Sevila, attorney for the applicant, stated he has been working with Ms. Beach, staff and Tractor Supply Company to designate a parking space for the large deliver truck and copies of the agreement and the plat for the parking space have been delivered to the Town. Further, he stated they have reached an agreement with the Glenn Apartments regarding the buffer landscaping. Ms. Beach stated initially the applicant was looking for a parking space on the Tire Shop site; however, now it is proposed for the Tractor Supply site which is contrary to the advertisement that was placed. Mayor Umstattd asked if the vote should be deferred. Ms. Beach stated as this is a special exception, Council is not bound to approve this use. She stated staff is in favor of this use for this site; however, there are still many items to be addressed including the traffic back- up on Edwards Ferry Road. Mr. Sevila stated he would like the opportunity to continue working with staff on this project and report to Council tomorrow. Councilmember Burk stated she is concerned with the location change for the parking space from the Tire Shop to the Tractor Supply. Council member Zoldos stated it is unfair to ask this applicant to incur all the costs for traffic improvements when the improvements will be of benefit to all the businesses in the Leesburg Park Shopping Center. Further, he stated he would be in the best interest of all to defer the vote for two weeks. Councilmember Hammier stated she would like to see a copy of the agreement with the Glenn Apartments. Town Council Worksession for January 9. 2006 Paqe 9 Adjournment On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the meeting adjoined at 11:28 pm. 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