HomeMy Public PortalAbout2006_02_13
Council Work Session
February 13, 2006
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 and Mayor Umstattd.
Councilmembers Absent: Councilmember Zoldos absent.
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 Utilities Randy Shoemaker, Chief
of Comprehensive Planning David Fuller, Chief of Current Planning Lee Phillips,
Planner Steve McGregor, Management Specialist Tami Watkins and Deputy Clerk of
Council Debi Parry.
AGENDA ITEMS
Council Meeting of February 14, 2006:
a. Actions related to the Utilities Bond Issue
Norm Butts stated Council will be asked to take action on four items
related to the utilities bond issue including the defeasance of old bonds,
amending the FY 06 Utility Fund budget to move money for defeasance to
bonds payable, authorizing the sale of bonds up to $63 million and amending
the fiscal policy to state there should be no less than a 200 percent reserve in
the account.
Councilmember Horne verified the reduction would be made to the
undesignated fund balance of the Utility Fund.
Councilmember Hammier stated prior authorization was granted for the
expenditure of $1,065,000 for the utility lines maintenance building and
asked if that would reduce the $7.4 million for the project or is the entire $7.4
million still needed.
Mr. Wells stated there was prior allocation of funds for design of the
project and the $7.4 million is needed for construction.
Councilmember Hammier stated she would like to have discussions with
Mr. Shoemaker to understand the utility lines maintenance building and what
it entails. She asked why the resolutions for the bond financing are on the
consent agenda for tomorrow night as opposed to the regular agenda.
Mr. Wells stated based on the prior votes of Council no issues were raised
so the items were placed on the consent agenda. He stated the items could
be moved to the regular agenda if it is the desire of Council.
b. Proposed Amendment to the Utility Enterprise Fund Budget for
Fiscal Year 2006 - Public Hearing.
See discussion from item a.
Town Council Worksession for Februarv B. 2006
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c. Endorsing the Town staff recommendation to deny Rezoning
Application ZMAP 2005-0028 Creekside.
Steve McGregor stated this is a 640-acre site adjacent to the Town's
southern urban growth area between Goose Creek, Sycolin Creek and the
Greenway. He stated no part of the land is in the urban growth area or joint
land management area. Further, he stated this application is for a mixture of
housing with an overall density of three dwelling units per acre up to
approximately 2,100 units.
Mr. McGregor stated there is a school site proposed along Sycolin Road,
400,000 square feet of retail and office and 235 acres of open space. He
stated the County has not started evaluating the plan amendment. Further,
he stated staff is recommending denial of this application because it does not
conform to the County's land use and density policy and it does not mitigate
the traffic impacts.
Council member Burk verified there is only one entrance and exit into the
project off of Sycolin Road.
Councilmember Horne verified the location of where Cochran Mill Road
extended would be located in the property.
Mr. McGregor stated the extension of Cochran Mill Road would require the
redesign of the project. He stated one of staff's concerns is the need for the
connection of Cochran Mill Road.
Councilmember Hammier asked when we expect the Loudoun County
Board of Supervisors to address the CPAMs again. She stated it is important
to consider the timing so we can get as many Town residents as possible to
join us in addressing the County on this issue.
Mr. McGregor stated it is his understanding that the CPAMs will not be
addressed until the PUGAMP studies are completed. He stated staff will keep
the Council informed.
Mr. Wells stated Councilmember Zoldos emailed his comments on this
issue and the SE/SW Trail Committee asked Council not to take action until its
next meeting when he could attend.
Mayor Umstattd stated she is reluctant to extend this and asked the
deadline for our referral comments.
Mr. McGregor stated the Town was given an extension to allow Council to
comment.
Mayor Umstattd stated it is her preference to go forward tomorrow night;
however, any Council Member can request a deferral.
d. Expressing opposition to increased toll rates and the elimination
of certain discounts for users of the Dulles Greenway.
Council member Horne stated the rate increases imposed by the toll road
partnership went into effect January 1st. She stated she has heard from
many residents regarding the elimination of the frequent user discount.
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Further, she stated as Leesburg and points west have grown it seems
disingenuous to take away the frequent user discount when you are trying to
encourage people to use the Greenway and take traffic off Route 7.
Council member Burk stated Delegate Poisson has submitted legislation to
introduce a tax credit for individuals who use toll roads; however, it died in
committee.
Council member Hammier stated if they are going to raise the rates the
money should go towards additional transit or mass transit programs such as
the extension of rail service.
Vice Mayor Martinez stated it was his understanding that the increased
rates are due to the interest rates for building the overpasses and the
addition of a third lane.
Council member Kramer suggested asking other jurisdictions to join us in
sending letters to express their concern.
It was the consensus of Council to send a copy of the resolution to other
localities asking them to join the Town in opposition to the increased tolls and
elimination of the frequent user discount.
e. Accepting a Planning Commission recommendation to establish an
ad-hoc SE/SW Trail Committee.
Nagi Elsewaissi stated the Planning Commission has recommended that an
ad-hoc committee be established to explore options for the southwest/
southeast quadrant trail connector. He stated staff estimates $50,000 would
be needed to investigate other options including the Chancellor Street Trail.
Councilmember Burk stated Councilmember Zoldos discussed the citizen
task force committee of 1998; however, they only looked at the Chancellor
Street Trail and therefore that information is good background, but doesn't
apply to this request.
Councilmember Horne stated Council established a very successful
collaborative model with the Lowenbach neighborhood in coming to grips with
a situation that had polarized the neighborhood and brought progress to a
screeching halt for years. She stated the Chancellor Street report and the
South King Street Trail information will be of help; however, we need to come
up with a workable solution that can help to build connectivity for the
neighbors in the southeast and southwest quadrants.
Councilmember Hammier thanked the Planning Commission for this
wonderful idea. She stated this will be a springboard for our policy decisions
once we isolate the fact that so many residents there are locked by having to
get in their cars to go places.
Mr. Wells stated Councilmember Zoldos requested that the vote on this
item be postponed to a future meeting.
Town Council Worksession for February B. 2006
Paqe 4
For consideration and discussion:
1. Budget Assessment Update
Norm Butts stated we have received more solid figures from the County
regarding the assessments and outlined the financial outlook. He stated the
increase in assessment figures makes the effective tax rate 17 cents and provided
various tax scenarios developing an estimated real estate tax levy.
Councilmember Horne verified the undesignated fund balance would be
greater than 15 percent and the remainder would be used for one-time expenses or
capital projects.
Councilmember Hammier stated it is important to bring the approved
commercial developments on line as soon as possible to relieve the residential tax
burden. She stated she will only support a tax rate that is 17 cents or lower per
$100 of assessed value.
2. Amending Resolution 201-39 regarding under grounding utility lines
to encompass the entire H-1 District
Nagi Elsewaissi stated Councilmember Horne requested that a policy be
established to underground existing overhead utility lines within the Historic
District. He outlined the current policy and what is involved in undergrounding utility
lines stating in the Historic District there are approximately 414 utility poles within
52 blocks. Further, he stated the biggest challenge is the cost and cost sharing
opportunities should be explored.
Mayor Umstattd asked if the pro rata share would come from redevelopment
or would we ask for proffers from developers outside the Historic District.
Mr. Elsewaissi stated it would be a combination of both. He stated there is
currently no enabling legislation; however, we are working with the Town of Herndon
to use their legislation. Further, he stated if development occurs outside the Historic
District, but the lines run through the Historic District we could charge a pro rata
based on the percentage of power in the lines that would service the new
development.
Councilmember Burk asked if the original resolution deals with this issue or if
we are just being more specific.
Mr. Elsewaissi stated the original resolution only deals with major corridors in
the H-1 district while this resolution encompasses the entire H-1 district.
There was further Council discussion regarding how this would affect the
Harrison Park development.
Councilmember Horne stated we should keep the language as flexible as
possible to have all the tools at our disposal so the undergrounding does not have to
be tied to a street improvement. She asked Mr. Elsewaissi to outline the program in
the City of Alexandria.
Mr. Elsewaissi stated the City of Alexandria has a capital project to
underground utilities on one block per year based on budget availability. He stated
this is a cost sharing arrangement between the City and Dominion Virginia Power.
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Ms. Beach stated our franchise with Dominion Virginia Power needs to be
renegotiated and perhaps this issue could be addressed during that process.
Councilmember Horne suggested it might be beneficial to look at the models
Alexandria is using.
Councilmember Kramer related an instance where she had to pay the full
amount to burry the power line and transformer in front of a building she owns in
Winchester, VA even though the power line was used by others on the street. She
stated many towns are requesting the developers and property owners pay the full
amount during redevelopment.
There was further Council discussion regarding financial options and
classifications of major thoroughfares in the downtown.
Councilmember Hammier asked if there are any municipalities that have
guidelines for this sort of thing and is there any way for us to look to put proffer
guidelines in place similar to what was done for capital facilities.
Ms. Beach stated this year Leesburg joined in on the Herndon legislation to
ask for some of these powers from the General Assembly and that legislation is still
pending. She stated proffers are voluntary on an applicants part, so an application
could not be denied based on the fact that they do not want to contribute to this.
Mayor Umstattd stated during the overhead transmission line project we have
heard that for technical reasons Dominion Virginia Power does not like their power
lines to porpoise because it can have a negative impact on service. She expressed
concern that we would meet opposition to this from Dominion Virginia Power because
in their eyes it could affect their ability to provide reliable service.
3. Status of Cornwall Street Medical Office Building
Lee Philips stated the second submission was received ten days ago and is on
the review list. He stated this application is for a large building addition of 100,000
square feet with four stories to the existing hospital building and outlined the site
plan. Further, he outlined staff's concerns regarding parking, landscaping, traffic and
storm drainage issues.
Mr. Philips stated the applicant held a meeting with several residents to
discuss the traffic issues.
Council member Horne expressed concern with the distance from the farthest
parking place to the entrance to the proposed expansion. She stated the applicant is
installing a lot of impervious surface and asked about drainage issues.
Mr. Mason stated there is a proposed storm water drainage pond on the
property to control the new run off.
Councilmember Kramer asked about landscaping around the pond.
Councilmember Hammier asked if staff had received feedback from the
residents who will be affected by this.
Mr. Philips stated the project calls for the installation of curb, gutter and
Town Council Worksession for February 13. 2006
Page 6
sidewalk along a portion of Cornwall Street and several residents are concerned with
the impact that will have on the existing trees. He stated he has informed the
applicant's landscape architect of these concerns and informed him of his right to
request a variation from the Planning Commission.
Councilmember Hammier stated she has heard concerns regarding additional
traffic on these roads. She also questioned how the proposed traffic signals at the
intersection of West Market Street and Memorial Drive and the intersection of North
King Street and North Street would impact this traffic and what the cost would be.
Mr. Mason stated the traffic study prepared by the applicant showed the new
traffic going to or from this site would access it via North Street or Memorial Drive,
which would necessitate the installation of a traffic signal at both intersections. He
stated there is already a proffer in place from the court expansion for the traffic
signal at North Street; however, there is no proffer in place for the other signal at
Memorial Drive. Further, he stated the applicant has been asked to fund the traffic
signal for Memorial Drive.
Mr. Philips stated some of the residents wanted the applicant to look at
providing speed bumps along Memorial Drive. He stated that might not be prudent
given the ambulances that would be traveling to the hospital.
Mayor Umstattd verified this is a by-right proposal and would only require
action by the Land Development Official and the Director of Engineering and Public
Works. She stated there was some discussion regarding the possibility of the
hospital opening Ayr Street to the north and asked if those discussions have taken
place.
Mr. Philips stated that was one of his suggestions early on.
Mayor Umstattd asked that a letter be sent to the hospital to ask if this is a
possibility.
Mr. Wells stated it might be beneficial to investigate the situation further to
see if there are additional points to be made.
Councilmember Hammier asked that the residents on this portion of Ayr
Street be alerted that we are considering this alternative. She stated it is important
to get their feedback before we take this extra step.
Mr. Wells stated the best opportunity to engage the citizens would be after
reviewing this latest submission and reporting back to Council.
Mayor Umstattd asked that letters be sent to the residents of Ayr Street and
Ayrlee Avenue to solicit their thoughts regarding this possibility.
4. Status of BLA and Utility Extensions
Mr. Wells stated there are nine outstanding requests dealing with utility
extensions and/or boundary line adjustments.
Ms. Kathy Leidich provided a status report for each of the projects including
JR Festival Lakes, Veterans Park, Christ Community Church, Crosstrails, Philip Bolen
Park, Loudoun County Fire and Rescue Training Center, Route 643 water storage
Town Council Worksession for February B. 2006
Page 7
tank, O'Conner school site, Blake Landscaping and the Peterson Property adjacent to
the airport.
Councilmember Hammier stated at the legislative dinner on Thursday she and
Vice Mayor Martinez asked Loudoun County Board of Supervisors Chairman Scott
York for his assistance in engaging the rest of the Board to get an answer on
Council's request for the strategic annexation of the urban growth area and to get
the County and Town Planning Commissions working together on this issue. She
stated one of the action items was that Mr. Wells and Mr. Kirby Bowers were going to
get together as well.
Mr. Wells stated Mr. Bowers is presenting his budget tomorrow evening and
should be available after tomorrow.
For information only:
Preview items for February 27, 2006 work session
a. Enterprise Rent-A-Car - Joint Public Hearing
Councilmember Burk stated she had information that there is business
being conducted out of the Virginia Village location.
Ms. Colleen Snow, attorney for the applicant stated they have moved
into the Virginia Village location; however, they are not currently leasing
vehicles. She stated they had a meeting Friday with the Zoning Administrator
and a number of issues were discussed.
b. Supplemental appropriation for Fiscal Year 2006 funding of the
Water Pollution Facility expansion and upgrade
There was no Council discussion of this item.
c. Urban Forestry Master Plan - next steps
There was no Council discussion of this item.
d. Production of "Court 8r. Market Days in Leesburg" as a new
annual, Town-sponsored special event.
Councilmember Burk asked why the Town is considering doing this
when August Court Days has been increasingly less successful and its
sponsors have withdrawn. Further, she asked the cost to the Town.
Ms. Betsy Fields stated staff is still working on the budget numbers.
She stated staff is recommending moving the event to the fall, changing the
name and expanding the event to include a farmers market, in recognition
that it has been a very successful event in the past and has the potential to
be successful again. Further, she stated the program would be run by our
professional events staff and the move to October provides better weather
and allows the Town to work with Loudoun County Public Schools to
coordinate with the Standards of Learning Tests and combine that into the
program.
Councilmember Kramer stated the Fall into the Arts Festival is held the
first weekend in October because the weather turns cold after that. She
stated she would be uncomfortable with any conflict between the two events.
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Ms. Fields stated staff has looked at making October a cultural
celebration month in Leesburg. She stated this event is proposed for the
second weekend. Further, she stated staff also looked at having this program
the same day as the Fall into the Arts Festival.
Vice Mayor Martinez expressed his concern that the event would loose
its significance if moved out of August.
Councilmember Horne stated she likes the idea of having an event in
the fall to celebrate our history and culture. She stated there is a wealth of
opportunities to draw and build on. Further, she stated our Business
Development Strategy report calls for events to celebrate our unique assets.
Councilmember Hammier stated October tends to be a busy month
festival month as other localities have events during that time. She stated
she would hope that we get community leaders and volunteers involved.
Mayor Umstattd concurred that the weather is very hot in August and
asked if the date could be moved to the last weekend in September.
Ms. Fields stated staff did an extensive review of events throughout
the fall to find a date that would compete with the fewest number of other
events.
Councilmember Horne verified the date does not conflict with
homecoming events.
New Business
a. Harrison Park
Councilmember Hammier stated staff is recommending conditional
approval; however, the resolution shows a discrepancy in the amount offered
for school proffers and what was recommended by staff.
Mr. Wells stated the applicant has not met the guidelines that were set
out so the recommendation is approval assuming certain conditions are met;
however, since the applicant has not met that condition the resolution does
not reflect the higher amount.
Councilmember Hammier stated she would support approving the
application with staff's recommendations.
Ms. Beach reminded Council that proffers are voluntary contributions
by developers. She stated Council can vote against a project because there
are problems that are not mitigated; however, you can not deny an
application because the developer does not offer to meet a voluntary proffer.
Council asked that two additional resolutions be prepared for tomorrow
night. The first for denial based on the fact that the issues are not mitigated
and the second to approve the application with the staff recommended
amount for the school proffer.
Councilmember Hammier asked that the applicant be notified of this
discussion before the meeting.
Town Council Worksession for February 13. 2006
Paqe 9
There was further Council discussion of the school capital intensity
factor and the pupil generation factor for various housing types.
b. Cable Franchise Update
Tami Watkins provided an update regarding the Verizon sponsored
legislation in Richmond. She stated this legislation would repeal the localities
authority to regulate and manage their cable franchises. Further, she stated
the Cable Commission held a meeting last week during which they voted 4-0
in support of protecting the I-net and any future negotiations with the Verizon
franchise offer pending further review of the legislation and how it will affect
our ordinance.
Mayor Umstattd verified this legislation would mean that if Verizon
gets a franchise that is more beneficial to them the other franchise owners in
Town could lower their standards as well so the residents would get less
service than was required previously.
Closed Session
a. On a motion by Vice Mayor Martinez, seconded by Councilmember
Burk, 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 consult
with legal counsel on the subject of the cable franchise.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Council convened in closed session at 9:26 pm.
Council reconvened in open session at 10:29 pm.
On a motion by Mayor Umstattd, seconded by Councilmember Burk,
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 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 vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Town Council Worksession for Februarv B. 2006
Page 10
b. On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez,
the followi ng motion was proposed:
Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, I move
that the Leesburg Town Council convene in a closed meeting to discuss
the acquisition of real property for public purposes.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Council convened in closed session at 9:26 pm.
Council reconvened in open session at 10:29 pm.
On a motion by Mayor Umstattd, seconded by Councilmember Burk,
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 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 vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Adjournment
On a motion by Councilmember Kramer, seconded by Councilmember Horne,
the meeting adjourned at 10:30 pm.
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