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HomeMy Public PortalAbout2006_07_24 Council Work Session July 24, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Council members Absent: None Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Airport Director Tim Deike, Director of Economic Development Betsy Fields, Director of Engineering and Public Works Tom Mason, Chief of Comprehensive Planning David Fuller, Zoning Administrator Brian Boucher, Planner Jim Chandler, Senior Engineer Anne Geiger, Transportation Engineer Calvin Grow, Downtown Coordinator Lisa Capraro, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS Council Meeting of July 25, 2006 a. Additional Design Recommendations for the Lowenbach Subdivision - public hearing. Nagi Elsewaissi stated the Lowenbach Ad Hoc Committee will have a presentation for Council tomorrow night. Mayor Umstattd verified the Ad Hoc Committee is recommending that the turn curb radii at the intersection of Blue Ridge Avenue with Prince Street, Catoctin Circle, Queen Street and Washington Street, and the intersection of Edwards Ferry Road and Queen Street be 12 feet. Mr. Elsewaissi stated the Ad Hoc Committee is also asking that the traffic signal proposed for Edwards Ferry Road and Catoctin Circle be delayed. Vice Mayor Horne verified the Ad Hoc Committee is recommending that there be on left turn from Queen Street on to Edwards Ferry Road. Mr. Elsewaissi stated this recommendation is due to the critical conflict points and short site distance at this intersection. Mr. Wells stated this recommendation was made in lieu of designating Queen Street as one-way. Vice Mayor Horne verified this would be the only intersection in the subdivision with this restriction. Councilmember Wright stated it is also difficult to make a right hand turn at the intersection of Queen Street and Edwards Ferry Road. Councilmember Reid verified the cost of the brick sidewalks would be discussed tomorrow night. Town Council Meeting of July 24, 2006 Paqe 2 Mr. Wells stated the resolution provided represents the Lowenbach Committee's recommendations. Councilmember Burk asked if Council's vote after the public hearing would begin the improvements process. Mr. Wells stated the preliminary design is under way. He stated this would give staff direction in finalizing the design. Further, he stated it is anticipated that the project will go to bid this fall. b. Amending Resolution #206-116 to appoint a Councilmanic Representative to the Planning Commission. It was the consensus of Council to vote on this issue tomorrow night. c. CSP-2006-0001 Comprehensive sign plan for Fort Evans Plaza II. Brian Boucher stated the developer for this shopping center has requested a comprehensive sign plan, which gives some uniformity to the signs at the shopping center and allows the developer to ask for more signs than the ordinance would otherwise give them. He stated the developer would like to have two monument signs, approximately 89 square feet in size. Further, he stated there are no disagreements between the applicant and the Board of Architectural Review. Councilmember Burk stated she would support the decision of the Board of Architectural Review. Vice Mayor Horne verified the monument signs would be approximately seven feet tall and eleven feet wide. Council member Wright asked staff to provide examples tomorrow night of shopping centers where similar exceptions have been made. d. Approving the date of Saturday, October 20, 2007 as the inaugural date for the "Court and Market Days in Leesburg" event, with a rain date of October 21. Kaj Dentler stated in February Council approved a resolution approving the Court and Market Days Event. He stated staff has met with a variety of representatives from various events and arrived at the date of October 20, 2007 for the event. Further, he stated the only conflict is with the farm tours; however, staff feels these two events can compliment each other. Councilmember Burk thanked Mr. Dentler for his efforts. Vice Mayor Horne stated she is very excited about the work staff has done in planning and making sure this is a meaningful event by reenergizing Court Days. Councilmember Martinez stated it should be in August as there was a reason it was called August Court Days; however, he will support this recommendation. Town Council Meeting of July 24, 2006 Page 3 Councilmember Hammier asked if we have received feedback from Loudoun County indicating that they would support partnering the Farm Tour with Court and Market Days. Mr. Dentler stated a representative from Loudoun County was at the meeting. He stated they had some initial apprehension and would rather there be no conflict; however, they are looking at this as a good neighbor issue and the opportunity for joint marketing is appealing to them. Councilmember Wright stated in the past August Court Days did have conflict with the Leesburg Downtown Business Association (LDBA) and asked if they are supportive of this event. Mr. Dentler stated the LDBA's reaction has been positive and they do see how the events can benefit their businesses. Councilmember Reid verified this event would still have the colonial feel and would not conflict with Waterford Festival or Aldie Days. e. Referral to the Planning Commission for consideration and initiation of any necessary Code text amendment to implement procedures permitting temporary emergency shelters in time of need to include weather conditions, natural disasters and any other true emergency that would require temporary shelters be established in churches, schools and public buildings. Barbara Beach stated the Planning Commission received a request from the Good Shepherd Alliance to deal with this issue. She stated staff felt it would be best for Council to authorize the Planning Commission to examine this issue and various alternatives and return to Council with a recommendation. Further, she stated we are very cognizant that the Good Shepherd Alliance's main concern is cold weather and we want to be sure that the issue is decided in a timely manner. Mayor Umstattd stated we have Heritage High School and the fire hall turned into emergency shelters previously. She stated she would oppose using elementary schools as emergency shelters. Further, she asked if we could draft it to use only high schools. Ms. Beach stated we have no control over the schools. She stated the Planning Commission would come back to Council with a recommendation to allow use of certain types of buildings to be used as emergency shelters if the people who control the buildings wish to open their doors for this use. Councilmember Horne asked who would designate the emergency situation. Ms. Beach stated there are several different ways to accomplish this; however, the intent is to put something in place so if there is an emergency no one has to designate it in the sense of timing, and also that people not have to apply for a use permit. She stated she is working with two models, one is for use in the event of a terrorist attack or true emergency, the other is to define an emergency by the type of event and the fact that it would be a temporary event. Further, she stated Council should put parameters on this Town Council Meeting of July 24. 2006 Paqe 4 so that adjacent properties are not impacted any more than necessary during this type of event. Vice Mayor Horne asked if we already have facilities designated as emergency shelters. Ms. Beach stated we've had situations that allowed uses to be done at facilities, if there is a disaster or emergency declared almost any facility can be used at that time. Further, she stated we have not had specific facilities designated by ordinance. There was further discussion regarding the need for this ordinance. Mayor Umstattd discussed the potential difficulty in finding a shelter for homeless men who need a warming center or cooling off station. She stated given that the Good Shepherd Alliance requested that the Planning Commission waive the special exception process for a warming center. Further, she asked if they have communicated with the Town Attorney's office. Ms. Beach stated the Good Shepherd Alliance also came forward at the last Planning Commission meeting where the issue was discussed further. She stated they would just like the ability to run a warming center without the requirement for a special permit. Mayor Umstattd stated since the special exception process was problematic for them their current site on Sycolin Road, this would allow them to use a church or school for a warming center for men in the community who do not have homes. There was further discussion regarding the needs of the Good Shepherd Alliance. Council member Hammier stated she supports getting feedback from the Planning Commission. Councilmember Wright stated he also looks forward to input from the Planning Commission. He stated it was his impression that the Good Shepherd Alliance is looking for a permanent place to use for a warming shelter on an on going basis, not necessarily a temporary need. Further, he asked if we are doing what they asked of us, or is this just as much as we can do. Ms. Beach stated they asked for a warming center, which would only be used during cold weather and would therefore not be a permanent facility. She stated if it is a permanent facility the issue of the special exception would come back. Councilmember Wright expressed concern that if we had a particularly cold winter the warming center might be in use for three months, which might not be considered a temporary use by the adjacent property owners. It was the consensus of Council to consider this item tomorrow night. Town Council Meeting of Julv 24, 2006 Paqe 5 For consideration and discussion: 1. Trails Task Force Interim Report. David Butler, SEjSW Trails Task Force Chairman, provided an update of the Task Force's efforts in identifying a viable trail option for the southeast and southwest corridor. He stated the task force has looked at the operation of the previous task force and has improved the process by establishing certain ground rules. Further, he stated the Task Force has been working in three different sub- teams look at benefits, construction and ramifications. Mr. Butler stated the committee plans to schedule at least one public input session and will present their final report to Council in October. Council member Burk commended the Task Force on their committee structure. Vice Mayor Horne thanked the task force for their efforts and verified presentation of the report in October would allow ample time for any recommendations to be incorporated in the Capital Improvements Program for next year. Councilmember Martinez stated he has heard a lot of positive comments regarding the task force's efforts. Councilmember Hammier thanked the task force for their efforts. She verified the task force will present their recommendation to the Parks & Recreation Commission at their September meeting. Further, she recommended looking into the connectivity with the commuter bus stop. Council member Wright thanked the task force for their efforts. Councilmember Reid thanked the task force for their efforts and specifically for looking into the Stowers Land connection. Further, he thanked Vice Mayor Horne for ensuring this task force was given a tight timeline with the previous Council. 2. Standing Residential Traffic Committee recommendation - all way stops on Woods Edge Drive. Liz Whiting, Standing Residential Traffic Committee Chairman, presented a recommendation from the Committee that all-way stops be placed along Woods Edge Drive at the intersections with Tinsman DrivejPowhatan Court and Lackawanna Way. She stated while staff's studies showed an average speed below 31 miles per hour; however, the Committee concluded that perceived high vehicular speeds and the large population of young children in the neighborhood confirmed the need for protective measures. Further, she stated there are trees that could present a sight distance in the future, therefore staff has contacted the developer regarding moving the trees. Councilmember Hammier asked what the Council's next steps would be and if this action would require a public hearing. Mayor Umstattd stated a public hearing could be held, but is not required. Town Council Meeting of July 24, 2006 Page 6 Council member Wright stated he was told by the citizens that there used to be an all way stop sign at Lackawanna Way. Ms. Whiting stated the stop signs were removed when the streets were turned over to the Town. Calvin Grow stated the stop signs were not warranted and the developer was asked to remove them. Councilmember Wright stated the citizens are not opposed to the stop signs; however, he would like to go through the process of notifying the residents and asked about the Standing Residential Traffic Committee's outreach policy. Ms. Whiting stated a number of citizens spoke at the Committee's meeting, but the Committee did not send notices to the community. She stated the Committee felt the best way to get public response was to put it on the Council's agenda. Councilmember Reid asked if an elevated crosswalk would be more effective at the cul-du-sac as opposed to the all way stop sign. Ms. Whiting stated the Committee asked the residents if they would rather have the raised crosswalk than the stop signs; however, the residents felt given the history of the traffic in the area the all-way stop signs would be better. Mayor Umstattd stated if the citizen support for the stop signs is demonstrated a public hearing should be advertised for September. Tom Knopp, Edwards Landing Homeowners Association President, addressed Council regarding the proposed all way stops on Woods Edge Drive. He stated the HOA contacted the Town on behalf of the citizens in this area of the neighborhood regarding their concerns with the traffic. He stated this proposal was heavily advertised on the association website and newsletters. Mayor Umstattd asked Mr. Knopp if the residents of Edwards Landing have a preference regarding whether Council should conduct a public hearing during the first meeting in September. Mr. Knopp stated safety is the number one consideration here; therefore the stop signs should be installed before school starts. After further discussion it was the consensus of Council to allow the Town Manager discretion to advertise for a public input session on August 8 in the Leesburg Today. 3. Downtown Leesburg Status Report and Future Action Plan Betsy Fields stated in comparison to other jurisdictions Leesburg's downtown is doing really well as we have no buildings in need of rehabilitation and vacancy rates are really low. She stated over the last fiscal year the downtown saw a net gain of 11 businesses. Further, she outlined the many services provided by her department to make the downtown a more appealing place to shop and to help business owners operated their business in the downtown as well as various educational efforts aimed at the merchants. Town Council Meetinq of July 24. 2006 Paqe 7 Ms. Fields stated staff is working with Arnett Muldrow Associates to benchmarks retail activity in the downtown, as well as other sectors of Town, and to identify retail sectors that show potential for growth. She outlined the Town's many marketing efforts including a new marketing effort for a local advertising campaign to introduce the individual merchants as the "Me" in the "Meet Me Downtown" slogan and discussed the possibility of having the Town underwrite the campaign in exchange for the participating merchants sharing their sales data and holding regular business hours. Further, she stated the Town is working with Leesburg Crossroads to prepare for the next round of Main Street Community selections in 2007 and the possibility of creating a private, non-profit organization to oversee the program. Councilmember Burk verified staff is requesting that the Town subsidize a portion of the cost for the local advertising campaign to attract more business participation. She stated she would want to know how many merchants will participate if the Town allocates funds. Further, she noted staff has used the same firm for the branding services and the market analysis and asked why staff keeps using the same firm. Ms. Fields stated the continuing services contract was competitively bid after the business development strategy was complete. She stated both services fall under the continuing services contract. Councilmember Burk stated she has heard from merchants who are not happy with the results. She stated the idea of trading off for the hours is a good point as it is frustrating for customers who wish to shop in the downtown. Further, she stated while in Middleburg she spoke with some visitors who were on a tour as part of their conference in Washington, DC and asked if we have looked into having some of those tours come to Leesburg. Ms. Fields stated we work actively with the Loudoun Convention and Visitor's Association to attract that market. Councilmember Burk stated the Leesburg Bookstore has sponsored many events to attract visitors and suggested that they may want to partner with other businesses for different events. Further, she suggested increasing the police presence downtown and expressed her support for a main street position. Vice Mayor Horne thanked Ms. Fields for the report and expressed her appreciation for the efforts of the economic development staff and Commission and for the investment the Town has made in preserving and growing our local business community. She stated you will see more tour busses going to Middleburg because they have a first floor retail ordinance. Further, she stated her hope that staff can work with the retailers on their business plans and find a way to keep the retail stores open during large scale events. Vice Mayor Horne asked if exit interviews are conducted when businesses leave the Historic District. Ms. Fields stated the only trend seems to be the increase in lease rates. Town Council Meeting of July 24. 2006 Page 8 Vice Mayor Horne stated maybe there is a way for the Town to provide incentives to landlords to locate retail on the first floor of their buildings. She asked that staff and the Economic Development Commission look into a first floor retail policy either through incentives or acquisition. Further, she asked that staff also look into the possibility of tax increment financing (TIF). Ms. Fields generally a TIF is going to work best in an area where there is a lot of redevelopment and staff is not sure how it would work in the downtown. Councilmember Martinez stated his belief that the Mitchell & Best redevelopment will spawn other redevelopment efforts; however, the Town is not developing a strategy or plan for that possibility. He asked if there is any potential to offer incentives for redevelopment of the Market Street entrance to Town. He stated one business that the Town should've tried to help was Thoroughbreds as they had to pay enormous hook-up fees. Ms. Fields stated if we know a business is failing we can talk with them to identify their problems; however, there is little local government can do to assist a business who is failing. Council member Martinez stated he would like to look into a policy to defer hook-up fees. There was further discussion of outreach efforts to businesses outside the Historic District and street lighting in the Historic District. Council member Martinez stated we are always talking about targeting our own residents to shop downtown; however, there has not been any mailings asking people to shop downtown. Councilmember Hammier asked Mr. Wells to summarize if we have a problem and address a set of policy recommendations to come to Council. She stated we should target necessity shopping and the things related to that such as parking and accommodating commuters. Further, she stated we need to start addressing issues such as utility hook up fees, safety, first floor retail and proactively target solutions. Councilmember Hammier stated she would like to see a comparison of rental rates with other localities and asked for a copy of the doing business guide. Further, she suggested that this issue be added to the Council retreat agenda. Councilmember Wright verified staff is currently only tracking business openings and closings in the downtown; however, the new integrated management system will allow staff to track businesses licenses renewals throughout the Town. He asked if staff had considered meeting with the owners of the buildings downtown to address the increasing lease rates and partner with them to attract a wider variety of businesses. Ms. Fields stated staff is planning to meet with the owners and real estate brokers to discuss those issues. Councilmember Wright asked what recommendations from the parking study were not implemented. Town Council Meeting of Julv 24, 2006 Page 9 Ms. Fields stated there was an organizational recommendation to establish a stand alone parking department that was not implemented. Councilmember Wright asked if there were any recommendations regarding staff's usage of the parking garage. Ms. Fields stated there was a recommendation to continue monitoring the occupancy in the Town Hall parking garage and when capacity it reached to move staff to the Liberty Street lot. Councilmember Wright asked if we only focus on downtown businesses in our marketing and promotions. Ms. Fields stated the retail advertising we do is aimed at tourists and consists primarily of places of interest for tourists such as the outlet mall, downtown, Town events and other attractions. Councilmember Wright stated this has been a helpful report. He asked that a report be prepared in the near future on what we are doing Town-wide to grow our business tax base including attraction and completion of office development. Councilmember Reid stated there was a net of 11 new businesses; however, we are referring to a downturn. Ms. Fields stated the merchants are reporting a downturn in their business and have cited several reasons including a lack of parking and signage. Council member Reid asked if there had been any consideration to allow signs to direct individuals to specific businesses as he saw during his trip to Kennebunkport. Further, he expressed concern with the Town legislating when businesses should be open and underwriting the branding campaign when only seven businesses have expressed interest. Ms. Fields stated this is a new concept and staff's intent in recommending that the Town underwrite the project was to assist businesses who may have limited funds. Councilmember Reid stated this is not something the Town should be involved in. He asked if there was any consideration of the fact that we have a shortage of retail space in downtown and potential applicable zoning changes. He discussed his position as a downtown business owner and stated the Town and the Economic Development Commission should focus on areas such as biomedical, deregulation and broadening the tax base. Mayor Umstattd thanked the economic development staff and Commission for their efforts in compiling this report and stated the Town supports the Small Business Development Center which is a great resource to first time business owners. Further, she stated Council looked into the idea of decreasing the availability fees for restaurants or giving them an extended period in which to pay; however, our previous Town Attorney stated it was illegal. Further, she stated the issue of first floor retail was addressed by a previous Council which decided that the Town should not tell property owners how to lease their space. Town Council Meetino of Julv 24, 2006 Page 10 Mayor Umstattd reported speaking with the former owner of Serendipity on the Vine who attributed the decline foot traffic to the lack of stores offering necessities in the downtown. Further, she stated Thoroughbreds had legal and partnership issues and there is nothing the Town could have done. Ms. Fields stated our current Town Attorney has discovered a Virginia State Code section that gives the Town the authority to allow businesses to pay availability fees in installments. Mayor Umstattd verified amendments will need to be made to some administrative regulations and the Town Code to allow us to proceed with installment payments for availability fees. Councilmember Reid expressed support for lessening the burden of availability fees on business owners. 4. Request to sell Town property John Wells stated staff is currently in the process of having appraisals done on these properties. Mayor Umstattd verified in moving forward Council could not designate to whom the property would be sold. Mr. Wells stated the process to be followed includes a public hearing which would be held to allow interested parties to bid on the property. Mayor Umstattd verified if Council decides to sell the property it has an obligation to sell to the highest bidder. Councilmember Wright asked how much the process for sale of the property will cost. Ms. Beach stated the average ad costs $50 to $60 to run in the paper. Councilmember Wright asked the parties interested in purchasing the parcel on Morven Park Road to disclose their intent for the property. Susan Dimitrew, Waterford Home Builders, stated her company is working on a subdivision plan in this area and is interested in incorporating this .59 acre parcel in their proposed subdivision. Council member Wright asked if Ms. Dimitrew was asking the Town to divide this parcel or sell it as a whole. Ms. Dimitrew stated they are interested in acquiring the whole lot. Councilmember Reid verified Ms. Dimitrew is planning to construct eight to nine homes on their existing parcel. He verified staff anticipates the appraisals will be completed by the August 8 meeting. Snezhana Conwav, interested party in the sale of Cedar Walk parcel, asked Council if there was a chance that Council would not be interested in selling this parcel. Town Council Meeting of July 24, 2006 Paqe 11 Mayor Umstattd stated the Town could decide not to sell the parcel for multiple reasons, such as the desire to establish pocket parks. Ms. Conway stated it would be in the Town's benefit to sell this parcel because with the additional .10 acre she and Mr. Melo could construct two duplexes, which would provide additional revenue to the Town. Further, she verified the starting price would be the appraised value. Mayor Umstattd verified staff would publicize the value of each parcel once the appraisals are received. 5. Request to amend the transportation element of the Town Plan/Greenway Extension Jim Chandler stated a Mr. Fontaine addressed Council on July 11 asking that the proposed extension of the Greenway be removed from the Town Plan. He stated staff has reviewed the matter and recommends that the applicant follow the established process of filing a Town Plan amendment if he wishes to pursue this action. Councilmember Wright asked if the extension were to be completed, who would be the responsible party and how much would it cost. Mr. Chandler stated a series of bridges would be required because of the extensive flood plain area; however, no preliminary design has been completed by the Town, the Virginia Department of Transportation (VDOT) or Trip II. Further, he stated there are no cost estimates available at this time. Councilmember Reid stated the burden should be on the applicant to prove how the removal of this right-of-way would do to the Town's transportation infrastructure. He stated one of the reasons we have such an oppressive traffic problem in this area is because over the last 30-40 years in Maryland, Virginia and the District of Columbia governments have either cancelled or disposed of approximately 1,500 lane miles of highways. Andre Fontaine, stated what has been built and what is on the Town's plan are two entirely different things and if the extension is to be built as planned it would conflict with existing roads and developments. He stated he has had this 42 acre property for two years and has designed a retail center and office park; however, he can not build on the property because of the reserved right-of-way. Councilmember Wright asked if this was to be initiated by Council what data would staff need that we currently do not have. Mr. Chandler stated VDOT recently conducted a macro level analysis on this particular road segment for the traffic and travel lane miles. He stated the Town is initiating its own modeling study, which will be functional in nine to twelve months and staff would suggest waiting until this model is complete before moving forward. Further, he stated meetings with stakeholders would also need to take place. Councilmember Martinez asked how the Town Manager would like to proceed. Town Council Meetinq of July 24, 2006 Paqe 12 Councilmember Hammier asked how this would fit into staff resources and priorities. Mr. Wells stated first we would need to see the results of the VDOT study before making a recommendation on whether to move forward with a Town initiated amendment. Council member Wright stated it has been mentioned that this extension was removed from the Greenway's and VDOT's plans. He asked if this extension appears on any plan with a specific date for coming on line and if not, is there really any impact. Mr. Chandler stated the models used by VDOT and Loudoun County show this extension and a date of 2015 to 2020 to come on line; however, it is reasonable to assume that this extension will not be constructed by 2015. He stated that would be taken into account in studying the model results. Further, he stated the Greenway extension is not funded and does not appear on any VDOT plans. Councilmember Wright verified it is not funded; however, it is assumed that this extension will be constructed. Mr. Chandler stated the Greenway agreement established that Trip II would fund the Greenway to the Town's border; however, the Town would be responsible for constructing the segment to Harrison Street. Further, the consultant who is conducting the study for VDOT will brief Council on its findings once the report is completed. Council member Wright asked that the Planning Commission be invited to attend that briefing. Council member Martinez verified staff anticipates the report to be finalized very soon. Mr. Wells stated staff had suggested to Mr. Fontaine that he wait for the results of the VDOT study to allow Council the opportunity to have all information available in discussing the proposed amendment. He stated since Mr. Fontaine was interested in moving at a different pace it was then suggested that he file a plan amendment on his own. Mr. Fontaine stated the right-of-way indicated in the Town Plan and the study being conducted by VDOT are two different things. He stated the right-of-way in the Town Plan would construct a road that cannot be built because it conflicts with existing roads. Councilmember Reid stated it is Mr. Fontaine's responsibility to provide the proof to Council that the right-of-way is not needed. He stated this is nothing more than is required of every other developer. There was further discussion regarding the developer's responsibility to provide the burden of proof regarding the proposed Town Plan amendment. Mayor Umstattd recommended that Council wait to review the results of the VDOT study before considering this issue further. Town Council Meetinq of July 24. 2006 Page 13 6. Crosstrail Update John Wells staff has provided two draft letters to Loudoun County, one from the Council appointed AADP Joint Planning Committee and one from the Council itself in response to the meeting of the Joint JLMA subcommittees. He stated neither the Loudoun County Planning Commission nor the Loudoun County Board of Supervisors took action on this item at their recent meetings. Further, a work session of the Loudoun County Planning Commission will not take place till September. Mr. Wells stated Ms. Beach will be meeting with the Assistant County Attorney to discuss the legal basis of how the Annexation Agreement and the Annexation Area Development Policies would apply to joint planning. Further, a public relations strategy of working with the homeowners associations in and around the Town to discuss this proposed development was also discussed in the joint meeting. Ms. Beach asked that the draft letters not be sent to the County until she has had the opportunity to meet with the Assistant County Attorney on Thursday. Mayor Umstattd verified Supervisors Jim Clem and Sally Kurtz are on the County's joint policy committee. She verified they would be copied on these letters. Council member Hammier verified the Loudoun County Planning Commission would also be copied on the letters. Councilmember Burk stated the Exeter Homeowner's Association is willing to host a Town Hall Meeting on this proposal. She stated as she contacts other Homeowner's Associations she will inform Council of the dates for these meetings. Councilmember Martinez stated the JLMA subcommittee is looking for representatives of the Council, Planning Commission and staff to attend these meetings to educate the public on this proposed application. Councilmember Reid suggested holding one meeting sponsored by the Town at a location such as Heritage High School. Councilmember Martinez concurred with Councilmember Reid's suggestion. Councilmember Wright stated we have held public input sessions before and received limited participation. He stated the goal of the subcommittee was to bring the information to the citizens thereby maximizing participation. Councilmember Martinez stated we should conduct the neighborhood meetings, but the idea of a meeting at the High School would be valuable in attracting citizens from the surrounding area. Councilmember Hammier asked if we have heard from the Loudoun County Sanitation Authority regarding their ability to service this area. Mr. Wells stated we will not get the information until the Loudoun County Planning Commission holds their work session in early September. Town Council Meetinq of July 24. 2006 Page 14 Councilmember Hammier stated the provision of water and sewer is a key point in this issue. She disclosed a meeting she attended with Planning Commissioners Brett Burk and Ted Kalriess and Loudoun County Supervisor Jim Clem prior to the County Planning Commission work session on July 17. Further, she stated the primary outcome of that meeting was ensuring the Leesburg Planning Commission would be welcomed at that meeting. Councilmember Hammier stated it is important to hold these community meetings; however, we should also do everything we can to have face-to-face meetings with our Loudoun County Board of Supervisors Colleagues. Ted Kalriess, Planning Commission Chairman, stated the Loudoun County Planning Commission also asked us to address specifically what has the Town done in planning the JLMA. He stated there was a lot of work done by the Ad Hoc Subcommittee and the Planning Commission Subcommittee to address this area in the Town Plan and we should provide that information to Loudoun County. Further, he stated regardless of the outcome of this application the Town and County need to engage in joint planning. Councilmember Hammier thanked Mr. Kalriess and Aref Etemadi for their presentations at the work sessions. She stated we had talked about moving toward articulating a strategic annexation end game and should that be part of the consistent message that is in these letters. Council member Wright stated our last letter did discuss strategic annexation in the context of joint planning and its ultimate growth. He stated the County has said that we have not objected to the shrinking of the JLMA; however, in a 2001 resolution we clearly state that we have consistently objected to the reduction of the JLMA. Further, he stated part of getting to an annexation is a joint planning process. Councilmember Hammier stated she has asked Mr. Wells to look at where we are in terms of the water surcharges for the neighborhoods in the JLMA. She stated we are bound to these communities outside our boundaries by this common water system and this has to be part of our long term plans to bring those communities in to our boarders. Further, she stated there will not be a great deal of warmth from these communities in dealing with the Town in a positive way unless we can address that issue. Mayor Umstattd stated Council should discuss where we stand on annexation during the retreat. Council member Martinez stated this will be one of the topics in discussion annexation with the County. It was the consensus of Council to wait until Ms. Beach meets with the Assistant County Attorney before sending either of the draft letters. 7. Power line update Barbara Beach stated one of the big issues before the SCC was that there was an area outside the Town's boundaries that was discounted as a possible route by Dominion Virginia Power because it had conservation easements. She stated today the Northern Virginia Park Authority filed documents indicating that two of the private property owners along one of the routes we opposed have placed Town Council Meetinq of July 24. 2006 Page 15 conservation easements on their property to stop that route from being considered further. She stated it is unknown how the hearing examiner will deal with this issue; however a recommendation will probably take three to six months. 8. Leesburg Park and Ride lot update/discussion Vice Mayor Horne stated there seems to be a disconnect of several months between the expiration of the lease on the Barber and Ross site and the completion of the County's parking garage. Mr. Wells stated our zoning staff and the County's staff is looking into what process will be necessary to extend the special exception on the Barber and Ross site. He stated that site is not progressing as quickly as was thought. Councilmember Reid stated he attended the Land Use Transportation Committee Meeting and received mixed messages from County staff regarding whether or not they will be able to construct the requisite number of parking spaces at their proposed garage. He stated he was disappointed in the last Council that no leadership was shown in trying to locate the lot within Leesburg corporate limits. Further, he discussed several problems with the proposed parking lot site at Bolen Park including the use of Sycolin Road. Council member Reid stated additional parking could be added to Freedom Park and the lot is not utilized during the day. Council member Wright stated Loudoun County elected not to acquire land in the Town. He stated short of the Town deciding to pay for a park and ride lot, which is out of our purview, this is a done deal. Further, he stated the commuter busses will not need to use the Battlefield Parkway exit on the Greenway as Trip II is already constructing the Crosstrail Boulevard exit to the Greenway. Councilmember Martinez stated the bus riders are very aware of what is going on and it is good to know that we might be able to use the Barber and Ross site a little longer. He stated his appreciation for staff's proactive approach to this issue. Vice Mayor Horne stated if a large institutional use such as a park and ride lot is located in the Town then we are left with a large parcel of land that is non-revenue producing and an increased burden on the Leesburg homeowners. Council member Reid suggested that Council look at locating a park and ride lot at Freedom Park as a back up option. He stated more parking is needed for the families who utilize the park and the bus commuters are gone by 5:30 p.m. Further, he stated Tolbert Lane will be closed off and could also used for parking. Mayor Umstattd expressed her support for the Bolen Park location for the park and ride lot. She stated their plans are underway and we should not get in their way. Councilmember Reid stated he would like staff to prepare a report regarding the use of Freedom Park as a back up option. Council member HammIer stated we need to look into other transportation options including a drop off point in the downtown and safe options for bike riders. Town Council Meetinq of July 24. 2006 Page 16 9. Request to Loudoun County to restore a segment of Crosstrail Boulevard between Route 15 and Route 621 to the Loudoun County Transportation Plan Tom Mason in the 2000 County transportation plan Crosstrail Boulevard went to Route 15; however, in 2001 the County removed the portion of the road between Route 15 and Route 621 despite former Mayor Webb's testimony on behalf of Council. He stated there are several properties in the planning and building process along the old route and it has become difficult to maintain this right-of-way. Mayor Umstattd asked staff to prepare a report on how many of these lots have been built on and if there is a modified route that could be used to avoid those sites. She stated she would support additional communication with the County regarding this issue. Council member Hammier stated this is a critical link and she supports the Town's commitment preserving this right-of-way. Councilmember Reid stated he brought up this issue because the County is about to issue a bid to revise its transportation plan and therefore this is a good time to address this issue. Further, there is question regarding the Battlefield Parkway extension between Route 15 and Evergreen Mill Road. Mayor Umstattd stated Council has already allocated funding for that segment of Battlefield Parkway, which will probably be completed before this segment of Crosstrail Boulevard. She asked that Council be provided with a copy of the memo given to the previous Council regarding this segment of Battlefield Parkway. For information only: The Town Council work session of August 8, 2006: a. Update on Symington donation proposal There was no discussion of this item. b. Dangerous and Vicious Dog Ordinance There was no discussion of this item. New Business: Mayor Umstattd stated she would like to ad an item to tomorrow night's agenda to appoint Jerry Shamla to the Environmental Advisory Commission. Further, she asked that the Northern Virginia Gang Task Force Update presentation for tomorrow night be moved from 7: 15 pm to the 7:30 agenda so it could be televised. Council member Reid asked that a letter be sent to the Virginia Department of Transportation to request that an additional left-turn lane be established for traffic to flow from Sycolin Road on to the Route 7/15 Bypass. Mr. Wells stated staff would provide a report at the next Council Work Session. Closed Motion On a motion by Council member Martinez, seconded by Vice Mayor Horne, the following motion was proposed: Town Council Meeting of July 24. 2006 Page 17 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 consider consultation with legal counsel regarding the CENTEX litigation. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 The Council convened in closed session at 11 :31 pm. The Council reconvened in open session at 11:56 pm. On a motion by Councilmember Martinez, seconded by Vice Mayor Horne, the following motion was proposed: In accordance with Section 2.2-3712(D) 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 legal 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, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Adjournment On a motion by Councilmember Wright, seconded by Councilmember Burk, the meeting adjourned at 11:56 pm. ~kA II/ a6M' erk of Council 2006_tcwsmin0724