HomeMy Public PortalAbout2006_02_27
Council Work Session
February 27, 2006
Council Chambers, 25 West Market Street, 7:26 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Katie Sheldon Hammier, Susan B. Horne,
Marty Martinez, Bob Zoldos and Mayor Umstattd.
Councilmembers Absent: Council member Kramer arrived at 8:34 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, Chief of Comprehensive Planning David Fuller,
Chief of Current Planning Lee Phillips, Urban Forester Jay Banks, Recreation
Programs Manager Kate Trask, Management Specialist Tami Watkins and Deputy
Clerk of Council Debi Parry.
AGENDA ITEMS
Council Meeting of February 28, 2006:
a. Enterprise Rent-a-Car joint public hearing with Planning
Commission
Councilmember Burk verified the issues have been addressed regarding
the applicant using the new location for business.
Councilmember Zoldos asked if the applicant was operating out of their
new location without approval.
Chris Murphy stated a field inspection was done on the site and we found
that the applicant was operating and had rental cars on site. He stated a
Notice of Zoning Violation was sent to the applicant on February 9. Further,
he stated their previous location at Bellwood Commons had a sign to inform
patrons that they would be operating out of their Virginia Village location as of
January 1; however, since they received the zoning violation notice they have
come into compliance.
Barbara Beach stated she met with the applicant and their attorney and
the next day they ceased operations at the Virginia Village site. She stated
there was a miscommunication; however, once the violation was brought to
their attorney's attention the operations ceased.
Councilmember Zoldos stated they should've known that they could not
operate without the special exception approval in place.
Ms. Beach stated the miscommunication involved some confusion over
the legal definition of whether they could operate an office out of the site
without renting cars.
Councilmember Horne stated it was her understanding that the applicant
felt they had staff approval to operate their business prior to Council
approval.
Town Council Worksession for February 27. 2006
Page 2
Colleen Snow, attorney for the applicant, stated vehicle rentals were not
taking place on site. She stated as soon as the violation was brought to their
attention all business ceased at that location. Further, she stated prior to
meeting with Ms. Beach and the Zoning staff there was a meeting at the
Virginia Village location after which her client had the understanding that they
could operate there in a limited capacity prior to Council approval.
Councilmember Hammier stated it would be beneficial to have the
information regarding who was involved and what was conveyed in that
meeti ng.
Councilmember Zoldos stated the applicant should have known there was
a certain process to go through.
Mayor Umstattd stated she does not support forcing businesses to shut
down while in transition and asked Ms. Snow to offer her thoughts on any
changes that could be made to the regulations.
Councilmember Horne concurred with the Mayor's comments regarding
changes to the regulations. Further, she stated we need to go back to our
Zoning staff to ensure there is clarity and resolve any issues to ensure they
are communicating a clear and concise message.
Councilmember Zoldos asked who the staff member was who attended
the meeting.
Mr. Boucher stated we can discuss this in more detail tomorrow. He said
that he met with the applicant twice before the application was filed and
made it very clear that the special exception had to be approved before
operations could begin at the new location. Further, he stated the confusion
might have stemmed from a conversation between the applicant and a staff
member from a different department who indicated that business could be
conducted in a limited capacity.
b. Supplemental appropriation for Fiscal Year 2006 funding of the
Water Pollution Control Facility expansion and upgrade
Mike Freda stated this is an $8.6 million amendment to the FY 2006
appropriation. He stated the cost of the project has not changed; however,
the timeline has moved up.
Mr. Wells clarified the money added to this years budget will be taken
away from next year's budget.
c. Appropriation of donation to the Community Outreach Program of
the Department of Parks and Recreation
Kate Trask stated Mr. Tom Rose from Leo Construction donated $2,025
for the purchase of sweatshirts for the children in the R.O.C.K. program.
Mayor Umstattd asked that a certificate be prepared to thank Mr. Rose
for his donation.
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Paqe 3
Councilmember Horne stated this is very generous of Mr. Rose. She
verified 200 sweatshirts will be purchased.
Councilmember Zoldos extended his appreciation to Mr. Rose for his
generous donation.
Councilmember Hammier asked how this donation originated.
Ms. Trask stated Mr. Rose is a family friend of one of the R.O.C.K. staff
members and had inquired how he could help the program.
d. Approving ratification of the Town/Oaklawn Agreement as sole
source procurement
Nagi Elsewaissi stated this item is for completion of the Sycolin Road
intersection with future Battlefield Parkway.
Councilmember Horne verified the intersection should be completed this
fall.
Councilmember Hammier stated clearly Sycolin Road and Battlefield
Parkway are top transportation priorities and thanked Mr. Elsewaissi for his
work to get this completed.
e. Awarding the Water Tanks design contract
Mr. Elsewaissi stated this item is for the design contract for the Sycolin
Road Tank and Carr Tank #2.
Councilmember Zoldos stated we need the additional water storage as
currently we only have a one day supply without continuous pumping.
f. Public Arts Task Force final report and recommendation
Mr. Jim Sisley, Public Arts Task Force, provided a report of the task
force's work and their recommendation that a Public Arts Commission be
formed as soon as possible. He outlined the scope of responsibilities including
civic art, community art and private development art and various funding
options including a one percent fee on development projects, leveraging the
state's transient occupancy tax, donation programs, non-departmental state
funding, grants and endowments/sponsorships. Further, he stated an
amendment to the Town Code to allow for the formation of this commission
would be drafted by the task force.
Vice Mayor Martinez asked for information regarding the organization of
the commission. He stated there are artist in the area who could also lend
their expertise as advisors. Further, he thanked the Task Force members for
their hard work.
Mr. Sisley stated they would recommend that seven people be appointed
to this commission with an ex officio member of Council and a member from
the Board of Architectural Review and Planning Commission.
Councilmember Burk stated this is something that has interested her and
it is long overdue as the arts community can be a large economic driver. She
stated the suggestions and recommendations are interesting and she looks
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Page 4
forward to voting on this. Further, she thanked the Task Force for their
efforts.
Councilmember Horne thanked the Task Force members. She verified
Council would have veto powers for any project. She stated there hasn't been
any discussion of performing arts and asked how the commission would be
involved with other arts entities in the area.
Mr. Sisley stated the Task Force felt the commission should focus on
visual art because the Town already has performing art organizations. He
stated this would limit any competition with these organizations for funding or
volunteers.
Councilmember Horne stated she would want to know what staffing and
budget impacts would be associated with the commission. Further, she
stated she would like an explanation of how this creates an economic impact
on the Town.
Mr. Sisley stated public art is an attraction and it helps build the brand for
a community. He stated art creates a beautiful environment and helps to
communicate the culture and character of the community.
Councilmember Zoldos thanked the Task Force members for their
recommendations to Council. He stated his support for the program and the
incorporation of performing arts; however, the enabling ordinance should be
in place before the Commission is formed. Further, he stated he would like
information regarding the staffing impact and funding requirements.
Mr. Sisley stated the consensus of the Task Force was to limit the scope
of the commission in the beginning.
Councilmember Hammier thanked the Task Force members for their
efforts. She stated she would like to have this include the performing arts to
create a weekend destination and drive the transient occupancy tax funding.
Further, she stated having proffer guidelines will help hasten the progress.
Councilmember Hammier stated as Councilmember Horne mentioned two
weeks ago, Congressman Wolf is holding an informative program on federal
grants on March 7th at 9:30 am. She stated it might be beneficial for a
member to the task force to attend.
Mayor Umstattd stated this is a very interesting proposal and she would
find it helpful to look at the public art program for another locality of similar
size to get a sense of what this looks like on the ground. She stated right
now we have a great public art project with the Loudoun County Chamber of
Commerce's horses. Further, she stated she understands the desire to include
performing arts; however, that might be a bit much for the commission to
take on in the beginning.
Council member Burk stated it is important to start small and build big.
Councilmember Kramer stated this is a huge undertaking and she doesn't
want to see us fail by taking on something too large in the beginning.
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Page 5
For consideration and discussion:
1. Urban Forestry Management Plan - next steps
Councilmember Burk stated she is very impressed and excited about the
report.
Councilmember Hammier thanked the Tree Commission for their hard work.
She asked if there are specific recommendations for amending the Comprehensive
Plan or will the Urban Forestry Management Plan simply be referred to in the
Comprehensive Plan.
Jay Banks stated there has not been any thought as to specific changes to the
Comprehensive Plan; however, there can be a plan amendment to reference the
Urban Forestry Master Plan as other documents are referenced in the Comprehensive
Plan.
Councilmember Hammier she stated if there is any specific language to be
brought to Council regarding proffer guidelines to be able to ensure we are asking for
voluntary proffers to facilitate tree planting in the Town. Further, she asked how
we could create a beautiful tree lined boulevard on Battlefield Parkway.
Mr. Banks stated the key will be to have early dialog concerning each
segment of Battlefield Parkway as it is constructed. He stated once the Management
Plan is adopted in some form we can start working towards those goals.
Earl Hower, Tree Commission Chair, stated one of the four goals for the
remainder of the year is to look at the adopted Management Plan and determine
whether any ordinance changes that will be needed.
Mayor Umstattd thanked the Tree Commission members for attending the
meeting.
Vice Mayor Martinez thanked the Tree Commission for their hard work and
stated he looks forward to approving the plan.
2. Production of "Court &. Market Days in Leesburg" as a new annual,
Town-sponsored special event
Mayor Umstattd stated Morven Park had expressed some concern with a
possible conflict if Court and Market Days were extended to a two-day event. She
stated there was also earlier concern of a conflict with Fall Into the Arts. Further,
she stated there has been some thought given to delaying the event to October 22.
Ms. Fields stated no Town events are in conflict; however, staff has
not looked to see what other regional events may be taking place. Further, she
stated staff would need to check the availability of the reenactors and artisans.
Vice Mayor Martinez stated his support for continuing this event. He stated
his concern remains the fact that it has been moved from August.
Councilmember Burk stated she is not sure this event will be better received
in October than in August and asked if staff has looked at why it was not successful.
Further, she expressed her concern for the conflict with the Morven Park event.
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Page 6
Ms. Fields stated it seems that as the quality of the vendors declined and as
the reenactments got stale there wasn't enough attention put into the development
of the event. Further, she stated we would be able to focus more on the event as we
have professional event staff.
Councilmember Horne stated it could be helpful to combine Fall Into the Arts
and Court and Market Days. She asked how staff envisions incorporating our local
culture into Court and Market Days and expressed concerns with staffing, given the
Parks and Recreation staff already have another event for the proposed weekend.
Ms. Fields stated that was considered and staff felt it would not be a problem
to have both events in one weekend. She stated staff is excited about working with
other organizations to focus this event on a different time period for trials each year.
Further, she stated with the Town's anniversary coming up this is an exciting time to
make this a hallmark event.
Council member Zoldos stated there will be a conflict no matter what date is
chosen and expressed his support for moving the event to the fall. He stated he was
not present for the prior discussion of this item and would've supported an
Octoberfest. Further, he stated his support for this proposal.
Councilmember Hammier stated this event should not conflict with
the Morven Park races. She stated her concern is that we are not considering
charging admission to break even rather than funding the program with taxpayer
dollars. Further, she expressed concern with staffing issues.
Councilmember Zoldos stated when an event is held on public streets you can
not charge admission; however, you can ask for a donation.
Councilmember Hammier stated there are other ways to recoup the money
through donations and partnerships.
Ms. Fields stated staff looked at the issue of trying to encourage people to
come given the reputation that the event has had.
Councilmember Hammier asked if there are opportunities for partnerships
to receive donations from the business community.
Ms. Fields stated there would be opportunities for sponsorships and possibly
County funding in the future; however, there is a fairly narrow window in which to
decide if we will hold this event this year.
Councilmember Burk questioned why staff couldn't get sponsorships by
October.
Ms. Fields stated it would be difficult to sell sponsorships as this is an
unknown event.
Mr. Wells stated staff will work to find money and volunteers for the event;
however, if we are going to do this we should to have the needed funds at our
disposal in case we have to fund the program ourselves.
There was further Council discussion regarding fees and the impact to the
Town Council Worksession for February 27.2006
Page 7
downtown businesses.
Councilmember Hammier asked that we reach out to the County for funding.
Mr. Wells stated we could reach out to the County. He stated we were
recently successful in securing $3 million from the County for Battlefield Parkway.
There was further Council discussion regarding the timing for a vote.
Mr. Dentler stated we can wait until next year for this program. He stated he
doesn't see the conflict with Morven Park and the weather may be colder if we go
into late October. Further, he stated the historical and heritage component is the
key aspect in marketing and we need to get the kids involved.
It was the consensus of Council to consider the item tomorrow night.
For information only:
Preview items for March 13, 2006 work session
a. Greenway Agreement
There was no discussion of this item.
New Business
a. Harrison Park
Wade Burkholder stated there have been changes to the application
package since the last meeting including a reduction of 20 units and a
decrease in density to 29.8 dwelling units per acre. He stated the proffers
have changed to reflect a $7,762 per unit cash contribution, which meets the
school facility capital cost gUidelines and an offsite transportation proffer of
$1 million to comply with the Town Plan. Further, he stated all issues have
been met and signed proffers will be presented tomorrow night.
Councilmember Zoldos verified staff will be recommending approval
with conditions.
Vice Mayor Martinez thanked the staff and applicant for working on
these issues.
Councilmember Burk asked for the timeline on this process as Council
would not want to vote until they have seen the proffers in written form.
Mr. Burkholder stated he has a copy of the proposed proffers that
could be given to Council tonight. He stated staff will recommend that the
vote go forward tomorrow night if Council is comfortable with the changes.
Councilmember Horne commended the applicant for working with the
Town stating they have shown and demonstrated a good faith effort to work
with the community. She stated the quality of what is proposed will put
Leesburg on the map in terms of redevelopment opportunities.
Councilmember Zoldos thanked the applicant for working with the
Town and stated this development will be a model for other communities.
Town Council Worksession for February 27.2006
Page 8
Councilmember Hammier thanked the applicant for working with
Council and staff to minimize and mitigate the impact. She suggested making
an effort to communicate the positive benefits we see as a Council as some
residents have concerns with the traffic impact.
Rob Mitchell, Mitchell and Best Homebuilders, stated he and his team
will have some comments tomorrow night to address some of these changes
and to answer any questions Council may have.
Closed Session
a. On a motion by Mayor Umstattd, seconded by Council member 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 for
discussion of litigation involving Centex.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Council convened in closed session at 9: 16 pm.
Council reconvened in open session at 10:17 pm.
On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez,
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, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Adjournment
On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, the
meeting adjourned at 10:17 pm.