HomeMy Public PortalAbout2006_09_25
Council Work Session
September 25, 2006
Council Chambers, 25 West Market Street, 7:37 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Susan Horne, Marty Martinez, Ken Reid,
Kevin Wright and Mayor Kristen Umstattd
Councilmembers Absent: Council Member Hammier arrived at 8:23 p.m.
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant
to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief
of Police Joe Price, Finance Director Norm Butts, Director of Capital Projects
Management Nagi Elsewaissi, Director of Economic Development Betsy Fields,
Director of Planning, Zoning and Development Susan Swift, Director of Engineering
and Public Works Tom Mason, Deputy Utilities Director Aref Etemadi, Zoning
Administrator Brian Boucher, Planner Chris Murphy, Downtown Coordinator Lisa
Capraro, Law Clerk Erin Preston, Management Specialist Tami Watkins and Deputy
Clerk of Council Debi Parry.
AGENDA ITEMS
Council Meeting of September 26, 2006
a. Town Plan Amendment Process - Public Hearing.
Barbara Beach stated the ordinance outlines how the Town Plan is to be
amended. She stated it will provide Council with several options that were
not open before.
There was no Council discussion of this item.
b. Amending and reordaining Zoning Ordinance Subsection 6.4.3
(Density IIntensity and Dimensional Standards) of Section 6.4 (B-
2, Established Corridor Commercial District) Article 6
(Nonresidential Districts), all of the Zoning Ordinance of the Town
of Leesburg, Virginia 2003, as amended.
Barbara Beach stated this was one of the 39 Zoning Ordinance
amendments heard on September 12 and was given special priority because
there is an urgent need for it. She stated this removes the densities from the
hotels in the B-2 District.
Council Member Wright asked when the remaining ordinances would be
placed on the agenda for action.
Ms. Beach stated the remaining ordinances will appear on the next
agenda.
Council Member Reid stated the Chairman of the Board of Architectural
Review (BAR) expressing concern that they were not given an opportunity to
review the proposed ordinances prior to review by the Planning Commission.
Ms. Beach stated the Planning Commission was concerned that the BAR
have input so their process was stopped to allow the BAR ample time to
review the proposals.
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c. Approving a supplemental appropriation for Leesburg Standing
Residential Traffic Committee calming projects and for legal
expenses associated with the Virginia Power legal proceedings.
John Wells stated these are carryover appropriations from the previous
fiscal year and there is sufficient fund balance for these projects.
Vice Mayor Horne stated she would like the public to be aware of how
much the Town has invested in the power line issue.
Mr. Wells stated to date the Town has invested approximately $180,000;
however, that does not include any costs for the development of briefs,
expert witnesses nor the work yet to be done.
d. Approving Change Orders No. 10 &. 11 for design of the Sycolin
Road Widening Phase II.
Nagi Elsewaissi stated Phase I of the project is currently under
construction and Phase II construction should begin in 2008.
Vice Mayor Horne verified the funds are available within the project
budget.
Council Member Wright verified staff can authorize change orders up to
the amount of $50,000.
e. Review of Proposed Charter and setting a public hearing.
Barbara Beach stated staff has prepared a draft of the charter bill
including an amendment to correct the issue of payment for the Planning
Commission members. She stated staff recommends that Council authorize
staff to advertise a public hearing to allow for public comment.
Council Member Wright stated this is rushed and we have put more in this
document than may be needed. He suggested addressing the affordable
housing and form based zoning provisions without the other amendments.
Council Member Reid suggested the proposed document be submitted to
an advisory commission of former Mayors, Council Members and Town
Managers to review. He stated he has significant questions about some of the
changes and concurred with Council Member Wright's comments.
Mayor Umstattd concurred with Council Member Wright's concerns and
suggested holding a work session dedicated to this topic. Further, she stated
she would support moving forward with the affordable housing and form
based zoning issues.
Council Member Burk suggested it would be better to put the entire
charter out for public comment before we decide how to proceed.
Council Member Reid stated we had several input sessions on the Town
Plan with extensive outreach to the community. Further, he expressed
concern that this proposed charter takes power away from Council.
There was further discussion regarding the public input process.
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Ms. Beach stated our charter and code have not been revised in thirty
years. She stated we issued a contract to Municode to help us recodify our
Town Code and it is important to have our charter set so that we don't have
to go through the process twice.
Council Member Wright expressed support for the Mayor's suggestion to
have a special work session.
Council Member Martinez suggested a subcommittee of two to three
members to review the charter.
Vice Mayor Horne stated if we focus our efforts on deconstructing this and
building it back up we will not meet the deadline for the next General
Assembly session.
Mayor Umstattd asked if there would be consensus to just send the
workforce housing and form based zoning provisions forward.
Ms. Beach suggested moving the development agreements provision
forward.
Council Members Wright and Reid and Mayor Umstattd concurred with
moving just the three items forward for public hearing.
Vice Mayor Horne stated we are hearing from our Town Attorney that our
Town Charter is 30 years out of date. She stated after reading the proposed
charter she did not feel that Council was giving its powers away, rather she
felt that it gave Council more authority.
Council Member Burk concurred with Vice Mayor Horne's comments.
Council Member Reid expressed his concern that the proposed ordinance
establishes criteria for the removal of a council member. He suggested
circulating this document to former Council Members such as Bob Sevila and
placing the document on the website for citizen comment.
Mayor Umstattd recommended moving forward with workforce housing,
form based zoning and development agreement issues.
Vice Mayor Horne asked how the Town could be effected by operating
under an antiquated Town Code.
Ms. Beach stated under our current charter we have almost no powers
and are limited to what the State Code gives us. Further, she stated staff
compiled sections from five other jurisdictions in this proposed charter
amendment so Council could see what powers other jurisdictions have.
Council Member Wright asked if we pull these three items out and go
through the process to discuss the other items for next year, do we run the
risk of facing more opposition the second time around.
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Ms. Beach stated charter bills are difficult because they require a higher
vote of the General Assembly. Further, she stated charter bills are so labor
intensive that she would recommend that we only do one every five years.
Vice Mayor Horne suggested that we take the entire document to public
hearing because we can always take items out that we are not comfortable
with after hearing from the public.
There was further discussion of this issue. It was the consensus of
Council to vote on the issue of setting a public hearing tomorrow night.
f. Authorizing the issuance of a request for proposal (RFP) to allow
the Town Manager to receive bids for the sale of the Town's Cedar
Walk Property.
Nicole Ard stated Council has held the public hearing and staff would like
direction as to whether or not we should sell this property.
Mayor Umstattd asked if the issue of work force housing would have to be
addressed in the request for proposal (RFP).
Ms. Ard stated the Town Attorney is conducting research into provisions
other jurisdictions have included in land sales including work force housing
and other areas Council may wish to consider.
Vice Mayor Horne stated she has no problems in sending this forward.
Mayor Umstattd asked if Council needs to give direction as to whether
there should be a workforce housing cost provision.
Vice Mayor Horne asked how many housing units would be included in this
development.
Ms. Ard stated there would be two duplex units constructed.
Ms. Beach stated Council needs to indicate what they wish in terms of
income levels for the workforce housing. She stated she would also
recommend placing a clause in the deed so that if the property is not used for
work force housing it would come back under the control of the Town.
Vice Mayor Horne questioned how fair it would be to require work force
housing in such a small development.
Mr. Wells recommended indicating Council's interest in work force
housing, but not requiring it. He stated the likely development that would
occur in this neighborhood would be more affordable than units elsewhere.
Ms. Beach stated Council could put a condition that the property be
developed with four units versus one large unit.
Mayor Umstattd stated we have received two citizen comments in
opposition to this project.
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Council Member Martinez stated it will be difficult to implement work force
housing in Leesburg, especially on such a small parcel. He asked how
Loudoun County handles the issue of affordable housing and could developers
pay money in lieu of constructing affordable housing units.
Mr. Wells stated the developer could pay-in by proffers; however the
County has a formula for how many affordable units should be constructed
based on the size of the development. Further, he stated in our proposed
charter bill we are basing our language on the County's program.
Council Member Wright expressed support for moving forward with the
request for proposal and indicating interest in work force housing.
Council Member Reid stated he is comfortable in moving forward. Further,
he stated the Town could've proceeded with the transaction regarding the
Andover Meadows proposal which would have provided more land for work
force housing and more revenue to the Town.
g. Authorizing staff to implement holiday parking promotions in the
Historic Downtown.
Betsy Fields stated staff is recommending that Council authorize the
implementation of the holiday downtown parking promotions including free
meter and garage parking through the holiday season. Ms. Fields stated the
proposal has been officially endorsed by the Economic Development
Commission. Further, she stated staff does not recommend enforcing time
limits for on street parking given that we want to encourage people to stay
longer, shop longer and spend more money.
Ms. Burk stated her initial concern is that we have finally gotten the
parking program to where we are not receiving complaints and now we are
going to change it again; however, she will support the staff and Economic
Development Commission's recommendations.
Vice Mayor Horne stated this is a wonderful outreach program. She asked
that the program be well advertised as there is a big perception that parking
is difficult in Leesburg.
Council Member Martinez expressed support for the program and asked
for an analysis of revenue lost in parking fees versus the economic gain
generated by the program.
Council Member Hammier stated she would appreciate an update on the
Village at Leesburg proffered Class A office study.
Ms. Fields stated she spoke with Eddie Byrne last week who is well aware
that KSI is required to initiate that study by November of this year.
Council Member Wright stated overall the program is good; however, last
year there was an issue with abuse of the on street parking. He suggested
providing a tool for the Town Manager to address the issue of frequent abuse.
Council Member Reid asked that the parking enforcement staff chalk tires
during this period to determine how many motorists are in a metered spot
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more than two hours. He stated this provides an excellent opportunity to
gather data to determine if a permanent two hour restriction would be more
effective than parking meters. Further, he suggested having the parking
meter bags read "Shoppers Only Please" to increase compliance.
Mayor Umstattd stated both local news papers indicated last year's effort
was a failure because downtown employees abused the free parking. She
stated this does give us an opportunity to promote the downtown which will
outweigh the negative. Further, she suggesting having the parking meter
bags read "Shoppers and Diners Only Please".
Ms. Fields stated staff had planned to use the bags from last year;
however new bags could be ordered if it is the desire of Council.
It was the consensus of Council to use the bags from last year.
h. Joining Congressman Frank R. Wolf in expressing opposition to
increased tolls for the Dulles Greenway.
Vice Mayor Horne asked that this be forwarded to the State Corporation
Commission should it be approved by Council. She requested adding
language to ask that Trip II reinstitute the discounts for frequent users.
Further, she stated Congressman Wolf stated this year there are 64,000
vehicle trips on this road and in 2025 there are projected to be 230,000 users
of this Greenway.
Council Member Martinez stated he would like to endorse Senator Herring
and Delegate Poisson's amendment to give tax discounts to toll road users.
Council Member Hammier stated there needs to be an aggressive way to
create incentives for individuals who are carpooling. She recommended
adding a section in the resolution asking that tolls be waived for HOV-2 or
HOV-3 users.
Council Member Wright stated he supports this action; however, he would
recommend that if this is to be sent to the State Corporation Commission we
should pass the original resolution and a second resolution covering the
amendments that have been mentioned. He suggested adding the list of
opposition to the resolution including Congressman Wolf, Senator Herring,
Delegate Dave Poisson and the Loudoun County Board of Supervisors.
Further, he suggested adding language to the resolution indicating
Congressman Wolf's request that a public hearing be held in Loudoun County.
It was the consensus of Council to submit one resolution directed to the
State Corporation Commission and another with the proposed amendments.
Council Member Reid concurred with Vice Mayor Horne's request to
reinstate the smart tag discount. He stated he was asked by Delegate
Poisson to send an email to the House Finance Committee because the
General Assembly will be voting on Delegate Poisson's bill tomorrow. Further,
he expressed support for Council Member Hammier's comments regarding
carpooling and stated the Town could work with the County to encourage
slugging.
Town Council Work Session of Seotember 25. 2006
Page 7
i. Supporting the Northern Virginia General Assembly delegation
effort for a broad-based transportation funding plan for Northern
Virginia.
Council Member Burk stated she is pleased to support the legislation as a
whole rather than a particular proposal.
Vice Mayor Horne expressed her support of transportation funding that
stays in Northern Virginia rather than being filtered through Richmond to
other parts of the state.
Council Member Martinez stated the proposed legislation mentions light
synchronization improvements on Route 7 and spot improvements between
the Loudoun County sideline and the Fairfax County boarder. He stated given
Leesburg is the crossroads of Northern Virginia he would have a hard time
supporting a bill that only gives us two line items that have nothing to do with
internal Loudoun County.
Council Member Burk stated we are only supporting the idea, not the
actual bill.
Council Member Hammier stated she supports a succinct resolution
addressing Northern Virginia transportation funding; however, she feels
economic development and being able to scale transportation to allow those
who live here to work here is key to our future.
Council Member Wright stated in supporting this he would want to be sure
that a proportionate share of the funding comes back to the cities, towns and
counties.
Council Member Reid stated Vice Mayor Horne showed great leadership in
bringing forward this item which addresses the RustjAlbojMay compromise.
Council Member Burk stated this resolution does not address that
particular bill, it only supports the idea in general.
Council Member Reid suggested adding language to state we are
concerned there may not be sufficient funds for Loudoun or the Town of
Leesburg and we urge our delegates and senators to support a fair revenue
sharing method. He stated he would also like to add his concern that there is
an excessive amount of money going to Metro and VRE, which is designed
mainly to getting the funds that Congressman Davis wants Congress to
appropriate.
Council Member Reid stated today there was a shocking revelation on the
internet that the president of the transit workers union for Metro is a member
of a group called the Progressive Labor Party which advocates the violent
overthrow of the United States Government and he is using his position as
union president to advocate for a communist position. He stated he would
not want that in the resolution; however, it is important that Council
understand that there is an excessive amount of money going to Metro and
VRE.
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Page 8
Mayor Umstattd stated it was wise to make this a generic resolution. She
stated Council Members Wright and Reid are correct in asking that this be
amended to ask that Leesburg get proportionate funding.
Vice Mayor Horne stated the language should be added alluding to the fact
that this is one of the fastest growing jurisdictions in the United States and
we are impacted by major traffic congestion.
For consideration and discussion:
1. Crosstrail/Ridgewater Update
John Wells stated the next Joint AADP meeting is scheduled for October 2,
4:30 pm at the Loudoun County Government Center. He stated there is also a
meeting with the Historic District Residents Association this Wednesday. Further, he
stated the Loudoun County Board of Supervisors public hearing will occur in
November.
Barbara Beach stated section K of the AADP documents states that the Town
and County have to agree to the extension of water and sewer into the LAMP area.
She stated there is a following section that refers to the infrastructure; however, that
provision expired in 1994. She stated she and the County Attorney are trying to
establish whether the language in section K still prevails today.
Council Member Wright stated there is language in the AADP that indicates
the Town is the exclusive provider in Cattail Branch and west of Goose Creek. He
asked if it is the County's position that this particular provision has also expired.
Ms. Beach stated that provision has not been discussed. She stated that
particular amendment is where we narrowed the LAMP area in exchange for us being
the provider of water on one side of Goose Creek while the County would provide it
to the other side.
2. Cornwall Campus Medical Center - Ayr Street Connection.
Tom Mason stated staff recommends that Council consider the request from
the developer of this 100,000 square foot medical office building to defer the
requirement to construct a connection to the existing end of Ayr Street to the north
side of the site. Further, he stated staff has spoken with Inova-Loudoun Healthcare,
Inc. who has agreed to include the street connection in their master plan for future
expansion of the medical campus.
Mayor Umstattd verified Council can take action to defer the through street
connection. She stated she is trying to anticipate how the neighborhood would feel
about a through street as this could increase traffic on Memorial Drive and Ayr
Street.
Mr. Mason stated this would not be a convenient cut-through as traffic would
have to wind through the parking lot at this site to get from one portion of Ayr Street
to the other.
Liz Whiting, Leesburg Standing Residential Traffic Committee Chairman,
stated the Committee feels it is beneficial to have more traffic outlets to preserve the
Town's transportation grid system.
Council Member Burk expressed support for deferring this connection. She
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stated she does not see why this particular project should include the connection,
rather it should be included with the hospital redevelopment.
Vice Mayor Horne concurred with Council Member Burk's comments.
Council Member Martinez asked if staff has received feedback from the
residents of Ayr Street.
Mr. Mason stated we have not had direct communications with them.
Council Member Wright stated Council received a petition asking that Ayr
Street not be opened.
Council Member Martinez stated his support for deferring the issue.
Council Member Hammier stated it does appear once you make these
connections you are opening yourself up to cut through traffic. She asked if it is
possible to ask for cash in lieu of building this connection to support traffic calming
measures.
Mr. Mason stated that would eliminate the possibility of the connection and
staff would not recommend that option.
Ms. Beach stated a by-right subdivision basically means that they have a right
to develop the property, but they would only have to correct anything specifically
related to what they are doing. She stated there is a good chance that if this
whole site is redeveloped it will be by-right and there may not be another project
down the road that Council will have purview over once this medical center is
constructed.
Mr. Mason stated the applicant is constructing a traffic light at the intersection
of Memorial Drive and Market Street.
Council Member Hammier stated she does not support the additional traffic
lights as they will cause more congestion on North King Street, North Street,
Memorial Drive and Market Street. She stated she would support holding a public
hearing on this matter.
Council Member Wright verified the light at Memorial Drive and Market Street
will be constructed at the developer's expense. He asked if there are any other
traffic improvements they will be providing.
Mr. Mason stated the only other improvements will be internal traffic
circulation. He stated the Town has an existing proffer from Loudoun County for the
traffic signal at North King Street and North Street.
Council Member Wright stated he would support deferring the connection.
Council Member Reid asked if this connection will add traffic to Memorial
Drive.
Mr. Mason stated the traffic study shows that if the connection is made it will
reduce traffic on Memorial Drive.
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Council Member Reid asked the cost of this connection.
Mr. Mason stated the estimated cost for the road construction is $20,000 to
$30,000; however, there is a large culvert that will need to be put in to maintain
storm drainage which will be quite expensive.
There was further discussion regarding the cost of the project and whether
the connection should be deferred.
Council Member Reid suggested referring the issue to the Residential Traffic
Committee.
Mayor Umstattd stated she would support deferring this connection as this
is not the application that should be burdened with this project.
Dr. Michael Kavanagh, applicant, stated the building is 98 percent leased by
physicians who will be paying taxes to the Town. He asked that Council defer the
connection requirement to facilitate the construction of this medical facility. Further,
he stated he thought this application was close to approval and did not realize that a
fourth submission would be needed.
There was further Council discussion regarding the timing of a vote on this
item.
Susan Carol, CEO Inova Loudoun Hospital, stated they are currently
undergoing a master planning process for both campuses and plan to submit plans
for expansion in 10 to 12 months.
David Orr, project manager for the medical building, stated the traffic study
showed an acceptable level with the installation of the traffic signal at Memorial Drive
and Market Street and without the connection of Ayr Street.
Vice Mayor Horne asked how this project reached the point where the
applicant felt their submitted plan addressed staff's prior concerns; however, staff
feels the plan still has significant deficiencies.
Mr. Mason stated he does not know what information the applicant has
received from their engineer. He stated based on the written comments staff
reviewed with their engineers and yet were not addressed in the plan received today.
Ms. Beach stated it is her experience that staff tends to have a quick turn
around on their review and comments; however, it often takes the private
engineering firms months to resubmit.
Dr. Kavanagh stated he is not complaining about how long the process has
taken; however, he would like to see the Ayr Street connection deferred.
Council Member Martinez verified there will be new businesses generated by
the project. He questioned the need to refer this issue to the Standing Residential
Traffic Committee.
Mayor Umstattd stated any member of Council could make a motion on this
tomorrow night.
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Mayor Umstattd recognized Ms. Nancy Gourley from the Loudoun County
Transportation Office.
Ms. Nancy Gourley provided Council with an update on the construction sites
of the permanent park and ride lot on Sycolin Road. She stated the lot is under
design and the timeline for completion is 12 months.
Council Member Reid asked when the lease for the temporary site on the
Barber and Ross property would expire.
Ms. Gourley stated the lease is ongoing; however, the special exception will
expire soon.
3. Cedar Walk neighborhood issues
Mayor Umstattd stated she and Mr. Wells met with Mr. Valis last week.
Ms. Ard provided Council with background information on permit parking
regarding the concerns Mr. Valis raised during the public hearing at the last Council
meeti ng.
Councilmember Burk asked Mr. Valis' response after meeting with Mayor
Umstattd and Mr. Wells.
Mr. Wells stated Mr. Valis indicated he would follow-up with a letter to
Council regarding his suggestions for how the permit parking program could work.
He stated he also informed Mr. Valis that staff could recommend a permit parking
survey after the capital project on Fort Evans Road is complete.
Mayor Umstattd stated Mr. Valis was under the impression that Council could
put in permit parking where ever requested; however, she informed him that it is a
matter of State law. Further, she stated she had informed Mr. Valis that if he sent a
letter requesting a change to the permit parking procedure that Council would lobby
the state legislature to give the authority to the governing bodies.
Vice Mayor Horne commended staff for making it a priority to raise the level
of involvement in the northeast part of Town. She stated this neighborhood is in
transition with the commercial development and capital projects and her hope is that
the Town will continue to work with the neighbors in a proactive way.
Council Member Hammier asked what steps staff has taken to ensure that
information is communicated directly to the residents should this question arise
again.
Mr. Wells stated as the capital project comes to conclusion we are sending bi-
weekly newsletters and staff intends to include information in that forum to reach
the residents.
Council Member Hammier commented on the need for beautification efforts in
some of the Town's neighborhoods. Further, she commented on lessons learned
from some of the issues facing the Town of Herndon and what Leesburg can do to be
proactive in those areas.
Ms. Ard stated Town staff has worked with staff from the Town of Herndon
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Page 12
over the past year and shared information on projects such as Keep Leesburg
Beautiful.
Council Member Wright stated he was concerned by some of the underlying
emotion in Mr. Valis' comments to the Council regarding some of his issues with
potential crime in the neighborhood. He asked if Mr. Valis believes the community
policing officers are involved in the neighborhood.
Mr. Wells stated Mr. Valis has been very complimentary of the community
policing officers.
Chief Joe Price stated the community policing officer for this neighborhood
has been very involved in this community and has been proactive in addressing
crime in the neighborhood.
Council Member Reid expressed appreciation that the Citizens Support Team
was asked to conduct a parking study in the neighborhood. He verified staff does
not feel there is need for additional policing in this neighborhood.
Council Member Reid relayed a recent incident in front of the Talley Ho
Theatre where there were a number of teens running in and out of the theatre and
sitting on parked cars. He stated there were no police officers on the scene and
suggested a greater police presence in the downtown on the weekends.
Mayor Umstattd stated she tries to encourage her neighbors to call the police
when they observe a problem. She stated the Historic District currently receives
twice the police resources that its crime rate and number of calls justify.
4. Extraterritorial Subdivision Jurisdiction
Ms. Beach stated as part of the annexation agreement and the AADP Council
agreed to a provision in 1982 that we would not ask for extraterritorial subdivision
jurisdiction. She stated that provision has expired and under state law Council has
the right to apply the Town's subdivision regulations to a radius of two miles outside
the Town limits. Further, she recommended referring the matter to the Planning
Commission for recommendation.
Council Member Burk stated she would support referring the matter to the
Planning Commission.
Vice Mayor Horne verified this would allow the Town to have a say in any
aspect of a subdivision covered by our subdivision ordinance.
Mayor Umstattd verified if the Board of Supervisors does not wish to grant us
this power that the matter would be referred to a judge. She asked if there is a set
period of time in which the Board must decide on this issue.
Ms. Beach stated the statute does not mention a specific length of time so the
standard would be a reasonable about of time.
Council Member Hammier stated she had discussed this issue with the Town
Attorney previously and was told the ministerial control had no teeth behind it.
She stated if a resolution is passed and sent to the Board of Supervisors she would
like to preface it by mentioning that we have received no response from them
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Page 13
regarding our request for a boundary line adjustment.
Ms. Beach stated ministerial control regulations do have teeth to them.
Council Member Hammier stated she received a very different response to
this issue a couple of years ago.
Council Member Wright stated his recollection is similar to Council Member
Hammier's. He stated it was his understanding that the subdivision ordinances do
not address the use assigned to the land, rather it addresses how the land is divided.
Ms. Beach stated how a developer uses the land can also affect traffic and
drainage.
Council Member Wright asked if there is a material difference between our
subdivision ordinance and the County's.
Ms. Beach stated there should not be significant differences between the
requirements of both ordinances; however, there may be differences in how they are
interpreted by the different jurisdictions.
Council Member Wright stated he is skeptical that this could help; however,
he asked that we compare our zoning ordinance with the County's zoning ordinance
as part of this review.
S. Recommendation to the AADP Committee regarding Proffer #10 of
TLZM-2004-0005 Village at Leesburg
Mr. Wells stated staff's recommendation that Council not amend the AADP in
this case to ensure the full $2.1 million will be available from this proffer to be
distributed between the County and the Town. He stated if the AADP is amended the
Town will receive a larger payment; however, the County will not receive their
portion. Further, in ensuring the County gets a share of the proffer the Town would
work with the County to use the funding for transportation improvements to benefit
both jurisdictions.
Ms. Beach stated there are three options (1) not amend the AADP and ask
that the County use the $2.1 million for Russell Branch Parkway or Battlefield
Parkway, (2) amend the AADP so the County gets nothing and the Town gets $1.2
million for transportation improvements, or (3) the Town could apply excess
densities and thereby we would only owe $1.1 million to Loudoun County and leave
the remainder of the money to the Town.
Mayor Umstattd verified staff supports option one.
Council Member Wright verified if we use our density credits then we would
owe $1.1 million to Loudoun County; however, if the density credits are not used
then the Town would owe $2.1 million.
Council Member Martinez stated options two and three guarantee the Town
will get money; however, there is no guarantee the Town would get money under
option one.
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Page 14
Council Member Hammier expressed the need to legally ensure the County
would use the money for Battlefield Parkway or Russell Branch Parkway. She
verified the KSI developer is asking that the AADP committee amend the agreement.
Council Member Wright stated the proffer reads, "The applicant agrees to pay
$2.1 million to the Town to offset any payments owed to the County under the
annexation agreement". He stated the only thing we can do with the $2.1 million is
to pay the County under the annexation agreement; however, we can have a
separate agreement with them to establish specific projects to receive this funding.
Ms. Beach stated the other option is to apply our density credits and only pay
the County $1.1 million, which would leave us with $1 million for future annexation
credits.
There was further discussion regarding the intent of the proffer.
Council Member Reid verified the County does not have to use the $2.1
million for transportation improvements to benefit the Town. He verified Board of
Supervisor approval would be required to amend the AADP agreement.
Eddie Byrne, KSI, stated the purpose of this proffer was to protect the Town
against any monies due to the County under the AADP. He stated in the event that
no money was owed to the County, it was the intent of the proffer to offset any
additional transportation needs above the proposed interchange and additional $10
million in proffers.
Councilmember Hammier asked how we could legally bind the County to use
the $2.1 million for a Leesburg related transportation improvement.
Ms. Beach stated if the matter would be referred to the Annexation
Committee who, if they agree, would send the matter forward to the Board of
Supervisors and Town Council for approval. She stated if the Annexation Committee
does not agree then the Town would be left with the question of whether or not to
use our residential credits for this project.
Mr. Mike Banzhaf, attorney for the applicant, stated when drafting the proffer
a statement was made that there was no money for capital facilities and the
applicant said in this proffer that they would honor Council's newly adopted
resolution regarding the capital facilities cost to offset the cost of new schools.
Ms. Beach stated the proffer only refers to the transportation costs under the
AADP.
Mr. Byrne stated the first paragraph of that proffer discusses whether the
applicant is required to pay the capital facilities cost for new schools under Council's
newly adopted resolution. He stated the first paragraph ensures the applicant is only
required to pay the capital facilities costs for the schools and the second paragraph
discusses the money for the schools under the AADP agreement.
Ms. Beach stated the AADP payments are not limited to schools, it can also
include transportation improvements.
Town Council Work Session of September 25. 2006
Page 15
Mr. Banzhaf stated if you read the AADP agreement regarding this payment
for excess residential you find that it is more focused on schools. He stated the
intent of the proffer was to cover any monies the Town made be required to pay to
the County related to this project.
Councilmember Burk stated it is her recollection that when this project was
approved she was told that there would be no money proffered for the schools
because this project includes an active adult community.
It was the consensus of Council to take no action on this item and to pursue
an agreement with Loudoun County pertaining to the use of the $2.1 million.
6. Board of Architectural Review Compensation
Mr. Wells stated at the last meeting some Council Members indicated a desire
to have a discussion regarding a potential increase in the Board of Architectural
Review (BAR) compensation to the level received by the Planning Commission. He
stated if it is the desire of Council to amend the Town Code a public hearing would
be required.
Mayor Umstattd questioned whether the Council could approve an increase for
the sitting BAR.
Ms. Beach stated Council is allowed to increase the stipend for the sitting BAR
because it does not effect the Council's stipend.
Mayor Umstattd stated that is not the same philosophy that was followed by
the Council in the late 1980's and early 1990's who voted to decrease their own pay
and later voted to increase it. She asked to see the state statute before voting on
this item.
Council Member Burk stated the BAR puts in as much time as the Planning
Commission and it is a difficult job. She verified this does not provide pay for the
Councilmanic representative.
Council Member Wright stated Council had asked the Planning Commission to
look into this issue and the Planning Commission recommended that the BAR pay be
increased as their workload has doubled.
Council Member Reid expressed support for this proposal and stated we need
to look at reducing the work load of the BAR. He stated he will report tomorrow on
items that have occurred with the KSI interchange.
7. Town Council Retreat Agenda
Council Member Hammier stated she would like Council to discuss other items
to be discussed with the Board of Supervisors in addition to the issue of annexation.
8. Preliminary FY06 Estimate of Fund Balance
Norm Butts stated the numbers in this report are unaudited as the fiscal year
just closed on June 30. He stated we ended FY 2006 with a fund balance of $13.7
million and of that amount $754,000 is reserved including the $700,000 reserved for
revenue stabilization and the 15 percent for our reserve leaving $7.2 million.
Town Council Work Session of September 25. 2006
Paqe 16
Further, he stated the audit should be completed by December 1 at which time the
additional funds will be available for one time expenditures under our fiscal policy.
Council Member Wright suggested waiting till the annual budget process to
determine what to do with the surplus.
Council Member Reid asked if the additional funds have to be used for a
capital improvement project or could it be used for a tax rebate.
Mr. Butts stated he would hope that Council would adhere to its fiscal policy
of using the money for non-recurring expenditures.
Council Member Reid concurred with Council Member Wright's comments.
Mr. Wells stated there may be a potential refunding opportunity in the next
couple of weeks given the current interest levels, which could result in a potential
long-term savings to the Town of about $600,000.
Mayor Umstattd stated we should not agree to spend any of the money until
we receive a briefing on next year's budget outlook.
Mayor Umstattd stated Ms. Beach has researched the State Code and
determined the Council has the authority to increase its pay without waiting for the
next election because we are a Council with staggered terms.
Vice Mayor Horne clarified Council has not plans to increase its pay as we are
only looking to increase the pay of the BAR.
For information only:
The Town Council work session of October 10, 2006:
a. Amending the Town Code to allow Water and Sewer Availability
Fees to be paid in installments - public hearing
There was no discussion of this item.
b. Meter based availability fees
There was no discussion of this item.
New Business:
Council Member Hammier asked if there was an update on understanding
the price differential if the County provides water and sewer to Bolen Park
versus the Town.
Aref Etemadi stated the differential is $10 million for the County to
provide water and sewer to the entire JLMA area including Crosstrail.
Council Member Hammier verified the County has not provided an
itemized listing of those costs.
Council Member Reid stated he may offer an amendment tomorrow night
to allow for a waiver of the fees associated with Town Plan amendments,
especially in the case of a citizen's group or small business.
Town Council Work Session of September 25. 2006
Paqe 17
Mayor Umstattd stated any entity has the right to ask Council to initiate
the Town Plan amendment process thereby eliminating any fees involved.
Closed Session
a. Acquisition of Real Property and Personnel Matter regarding the
Town Attorney's annual evaluation
On a motion by Mayor Umstattd, seconded by Council Member Martinez,
the following motion was proposed:
Pursuant to Sections 2.2-3711(A)(1) and 2.2-3711(A)(3) of the Code of
Virginia, I move that the Leesburg Town Council convene in a closed
meeting for discussion personnel matters pertaining to the Town
Attorney's annual performance evaluation and for discussion of the
acquisition of public property on Wirt Street.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
None
7-0
Nay:
Vote:
The Town Council convened in closed session at 11:27 p.m.
The Town Council reconvened in open session at 12:24 a.m., Tuesday,
September 26, 2006.
On a motion by Mayor Umstattd, seconded by Council Member 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 legal
matters lawfully exempted from open meeting requirements under the
Virginia 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 roll call vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: none
Vote: 7-0
Adjournment
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
meeting adjourned at 12:25 a.m., Tuesday, September 26, 2006.
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