Loading...
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 Page 2 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. Town Council Worksession for Februarv 13. 2006 Paqe 3 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. Town Council Worksession for February 13. 2006 Paqe 5 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. Town Council Worksession for Februarv B. 2006 Page 8 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. 2006_tcwsmin0213