HomeMy Public PortalAbout2006_12_11
Council Work Session
December 11, 2006
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kathryn Sheldon Hammier, Ken Reid, Kevin Wright and
Mayor Kristen Umstattd
Councilmembers Absent: Susan Horne; Kelly Burk arrived at7:40 p.m. and Marty
Martinez arrived at 8:04 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, Director of Capital Projects Management Nagi Elsewaissi, Director
of Planning, Zoning and Development Susan Swift, Director of Engineering and Public
Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Director of Utilities
Randy Shoemaker, Captain Jeff VanGilder, Chief of Current Planning Lee Phillips,
Zoning Planner Wade Burkholder, Senior Engineer Tom Brandon, Management
Specialist Tami Watkins and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
Council Meeting of December 12, 2006
a. Rezoning Application TLZM-2005-0002 Amendment to the existing
Oaklawn rezoning concept plan and proffers - public hearing
This item was deferred per the applicant's request.
Council Member Wright stated the applicant's original request to defer was
an attempt to synchronize the timing of their special exception and proffer
amendment. He stated the desire of the applicant and the Planning
Commission is that Council hear the rezoning at the first meeting in January
to allow the Planning Commission to consider the special exception by their
second meeting. He stated this would allow Council to also hear the special
exception at their last meeting in January.
b. Amending the Zoning Ordinance by adding Subsection 9.4.4
(Emergency Shelters) and by adding Subsection 18.1.56.05
(Emergency Shelter) - public hearing
Wade Burkholder stated on July 25 Council initiated amendments to
establish warming centers. He stated the Planning Commission held their
public hearing on this issue last Thursday and Council's public hearing is
scheduled for tomorrow evening.
Mayor Umstattd verified Elijah Gate's building would qualify as a
church.
Council Member Wright verified this would establish warming centers, not
homeless shelters.
Mayor Umstattd asked if the residents of Harrison Street were notified of
the public hearing.
Mr. Burkholder stated a general public hearing notice was placed in the
Town Council Work Session of December 11. 2006
Page 2
newspaper.
c. Revocation of the Gatehouse Franchise Agreement - public hearing
Tami Watkins stated Gatehouse has requested to surrender their franchise
and tomorrow night Council will be asked to pass a resolution granting that
request. She stated Gatehouse served 385 customers over two years and
this revocation would be effective January 1.
Council Member Wright asked if the residents in this area will have access
to cable by January 1.
Ms. Watkins stated the primary provider in the Edwards Landing
neighborhood is Verizon. She stated Comcast Cable will be available in this
neighborhood next year.
Council Member Wright stated this was an odd situation in that the
developer had a deal with Gatehouse to be the sole cable. He asked if the
Town has the tools available to stop this from occurring in the future.
Barbara Beach stated a covenant was put in to require the residents to
participate. She stated the Town does not have means to interfere with a
private covenant.
Council Member Wright stated the covenant was put in place by the
developer to allow an operator without a cable franchise to offer cable
services. He asked if we have the means to notice that before the
infrastructure is in the ground.
Council Member Martinez stated the only reason the Town discovered this
issue was because they crossed public right-of-way when installing their
cable.
d. Awarding the design and engineering services contract for
Battlefield Parkway from approximately 1,400 feet north of Fort
Evans Road to Edwards Ferry Road to Kilmer Horn and Associates
Nagi Elsewaissi stated staff recommends awarding this contract in the
amount of $378,000. He stated the road should be under construction
next year.
Mayor Umstattd asked when the road is scheduled to open.
Mr. Elsewaissi stated the developer indicated his portion of the roadway
should be completed by the end of December 2007 and staff anticipates the
Town's portion will be open by Spring 2008.
Council Member Reid asked why both sections of the road can not be
completed at the same time. Further, he asked why the road couldn't be
constructed by an agreement with the developer similar to the Oaklawn
agreement.
Mr. Wells stated information will be provided later in the meeting. He
stated staff will try to match up the timing as close as possible; however, we
believe our method for moving forward is in the best interest of the Town.
Town Council Work Session of December 11. 2006
Page 3
e. Authorizing support for the Town Community Development Block
Grant (CDBG) application for a playground facility at Brandon Park
and for sidewalk improvements on South Street between Church
and Harrison Streets
Tami Watkins stated staff is seeking Council endorsement of the
applications for two Community Development Block Grant applications.
Council Member Burk asked how large an area the playground will
encompass. She stated the park is an open space where people currently
picnic and play soccer.
Kaj Dentler stated the park currently consists of three acres. He stated
staff will work to plan out the location of the picnic area, playground and open
space. He stated the playground will take up less than one acre.
Council Member Burk stated given the park is located in a flood plain what
would be the impact to the creek.
Mr. Dentler stated there will be a boundary established around the
playground to keep loose materials inside. He stated the playground will
incorporate more foam matting than mulch.
Council Member Hammier asked when we last received funding for a
community development block program.
Ms. Watkins stated we have received funding for the last two years for
pedestrian signals at Fort Evans Road and Edwards Ferry Road.
Council Member Reid asked if there were other locations in Town that are
in need of playgrounds.
Mr. Dentler stated staff is considering other locations for playgrounds
including Ida Lee. He stated most playgrounds in the Town are community
owned.
Council Member Martinez asked what projects have been considered for
future requests.
Ms. Watkins stated staff has considered a sidewalk project on Sycolin
Road in the vicinity of the warming shelter, bi-Iingual services and economic
development initiatives.
Mayor Umstattd stated the construction of a playground in this area has
been discussed since the mid 1990s.
f. Making an appointment to the IT Commission
Council Member Hammier stated she will nominate Scott Kaine for
appointment.
For consideration and discussion:
1. Loudoun County Public School presentation regarding new high
school site
Town Council Work Session of December 11. 2006
Page 4
Sam Adamo, Loudoun County Public Schools, stated the Loudoun County
School Board looked at several different locations for a high school site in Leesburg
before the efforts centered on the O'Connor tract to the north of Town. He outlined
the attendance zones and traffic flow projections for this site and stated there will be
a pedestrian walk path between the school and Ida Lee. Further, he stated flyers will
be sent to the neighbors and home owners associations in February to get feedback
from the community.
Dr. Adamo this should be the last boundary change for a secondary school in
Leesburg.
Council Member Burk asked about preservation of the open space.
Dr. Adamo stated he will work with staff to see if the green space can include
passive ball fields that would also meet the Town's needs.
Council Member Burk asked about the transportation issues.
Dr. Adamo stated the traffic study has not indicated any major transportation
issues.
Council Member Burk stated it is important to note that this will serve the
students who would normally have to drive across Town. She asked that Dr. Adamo
notify Council when he meets with the home owners associations. Further, she
stated this school could be the premier school of the County as it could incorporate
sports and recreation, fine arts, open space and suggested that the County look into
aspects of green construction for the school building.
Dr. Adamo stated we already try to incorporate best management practices
and are looking at advanced technologies as it relates to green building.
Council Member Hammier asked if an advanced technology center would be
part of this program.
Dr. Adamo stated it would not be part of this program. He stated staff has
discussed the advanced technology center with the school board as a campus layout
which could incorporate a green building.
Council Member Hammier verified the school board has not heard back from
the O'Connor family regarding the offer. She asked if the Town has analyzed the
traffic study and asked what traffic improvements we will request.
Mr. Mason stated there will be traffic signals and turn lanes added on Route
15 Business; however, the intersection of Business 15 and the 15 Bypass is to the
north of Town and located out of the study area. He stated the study was expanded
to include the intersection of Market and King Streets, which will receive the most
impact.
Council Member Hammier commented on the possibility of a formal
relationship between Leesburg Parks and Recreation and the high school to share
facilities. Further, she asked if the school parking will be seen from the road.
Town Council Work Session of December 11. 2006
Page 5
Mr. Randy Vlaad, Loudoun County Public Schools, stated the site will be in
conformance with the H-2 Corridor.
Council Member Wright asked the various capacities and attendance levels at
Loudoun County High School, Heritage High School, Simpson Middle School, Harper
Park Middle School and Smart's Mill Middle School. He verified the property for this
high school will be brought into the Town through a boundary line adjustment and
proceed through the Town's process for development.
Council Member Reid verified the attendance boundaries for this proposed
high school. Further, he verified school staff are in talks with the equine center
regarding vehicular access stating he has been talking about a northeast/northwest
passage.
Council Member Martinez asked if a connection of Battlefield Parkway to the
other side of Ida Lee had been considered.
Dr. Adamo stated they have looked at a pedestrian trail to Ida Lee to connect
with Dry Hollow Road and the Exeter neighborhood.
Mayor Umstattd stated you can not put a thru road through Ida Lee Park;
further, Morven Park has been reluctant to allow a road through their property.
Councilmember Wright stated both the equine center and Morven Park have
conservation easements on their property.
Mayor Umstattd stated she does not want to add any more demands on the
school system as it is most important to get this school open on schedule.
Dr. Adamo stated he will let the School Board Chairman know that he will be
contacted by Council regarding the magnet program.
Mayor Umstattd stated we already have a magnet school for math and
science in the County and it seems that the students would be better served by a
business and language skills curriculum rather than fine arts.
Council Member Hammier asked for an update on the Leesburg Elementary
School boundaries.
Dr. Adamo stated the boundaries will be decided tomorrow night.
2. Crosstrail follow-up/joint planning prep for January AADP Meeting
John Wells stated the Loudoun County Board of Supervisors discussed this
issue at their meeting last week and the motion to deny the CPAM failed by a 4-5
vote. He stated the issue of utilities was left unresolved with the Board indicating
the preference to allow the Town to provide utilities pending a resolution to the issue
of out-of- Town water rates within 90 days. Further, the Board put the rezoning
application on hold pending an opportunity for the Council to meet with the
applicant before the end of January.
Mayor Umstattd verified the Board did vote to approve a modified version of
the CPAM with conditions.
Town Council Work Session of December 11. 2006
Page 6
Council Member Burk stated it is important that we set a time to meet with
Peterson Companies. She stated we also need to discuss the water and sewer rates
amongst ourselves.
Mayor Umstattd recognized Mike Banzhaf, attorney for the applicant, and
asked if he was authorized to schedule this meeting.
Mr. Banzhaf stated he was in attendance to listen to Council's discussion of
the issue.
Mr. Wells stated if it is Council's desire to meet with Peterson Companies, he
would suggest that staff meet with the applicant and their attorney to frame the
issues so that there is a structured agenda in place for the meeting with Council.
Mayor Umstattd asked that the meeting be set before the first Council
meeting in January.
Council Member Burk concurred with the Mayor's comments.
Mr. Banzhaf suggested incorporating the meeting with a Council work session.
After further discussion regarding utility rates and annexation issues it
was the consensus of Council to scheduled the meeting for January 3rd at 7:00 p.m.
Mayor Umstattd stated neither annexation nor the provision of utilities to this
development are important enough to repeal the water rate surcharge decision.
She stated the transportation proffers offered by the applicant are not sufficient and
the elimination of 1,000 homes from the plan was not a significant reduction.
Council Member Hammier asked that staff provide a recommendation for
an action plan for proceeding with annexation discussions.
Council Member Wright stated he and Council Member Martinez have been
attending the AADP Committee meetings and those discussions will help the Town as
it progresses towards annexation.
Council Member Burk asked what Peterson Companies is looking to come out
of this meeting.
Mr. Banzhaf stated it would also be helpful to have discussions with the utility
staff as there is opportunity for joint utility provision to Crosstrails by the Loudoun
County Sanitation Authority (LCSA) and the Town.
Council Member Burk verified Peterson Companies will be sending their top
officials to meet with Council.
Council Member Reid stated we will be discussing the Crosstrail development
at this meeting, not our utility rates or annexation.
Mayor Umstattd stated the utility rates or annexation discussions could come
up at the meeting as the Board has tried to combine the issues into one.
3. Public Art Commission Presentation
Town Council Work Session of December 11. 2006
Page 7
Judy Craun, Public Art Commission Chairman, outlined the Commission's
goals for the upcoming year including membership in the Americans for the Arts
organization, development of a public art policy, setting the foundation for a public
art master plan, and the continuing to seek funding through grants, public/private
partnerships and the percent for the arts funding.
Ms. Craun introduced Bruce Gemmill and Catherine Lewis with Leadership
Loudoun.
Bruce Gemmill stated Leadership Loudoun is moving forward with their plans
to use the Council Chambers on January 18 to hold an interactive discussion among
local leaders and members of the art community.
Ms. Craun stated work on the public art master plan is anticipated to take
approximately one to two years and the Commission is working to identify grant
funding for a consultant.
Council Member Hammier identified Sam Adamo with Loudoun County Public
Schools and asked for an update on whether the proposed high school on the
O'connor property will be a performance arts magnet school.
Sam Adamo, Loudoun County Public Schools, stated the school is proposed to
house 1,800 students with 200 students to be enrolled in the magnet program.
Further, he stated the magnet program has not yet been determined and it would be
beneficial for Council to discuss this magnet program with the Loudoun County
School Board.
Council Member Hammier stated this location would be ideal for a performing
arts center given the proposed magnet program and the location to Ida Lee
Recreation Center.
Ms. Craun thanked Council Member Burk for her support.
4. Strategic Plan follow-up
John Wells gave a brief overview of the retreat discussion he stated materials
had been provided regarding suggestions for meetings and agendas. Further, a
status report has been provided regarding all initiatives and projects discussed.
Mayor Umstattd stated the continuing issue of being business friendly is
prominent and indicates the need to have better communication between
departments. She complimented John Wells, Susan Swift, Betsy Fields and Tom
Mason for their efforts to streamline processes.
Council Member Martinez suggested conducting the presentation section of
the meetings once a month at 7:00 p.m.
Mayor Umstattd stated she would be willing to conduct the presentations at
7:00 p.m.; however, she would want presentations to be given at least twice a
month.
Council Member Martinez stated the presentations mean a lot to the people
who receive them and he would not want to take away from that. He stated having
the presentations once a month would make it easier for people to attend. Further,
Town Council Work Session of December 11. 2006
Paqe 8
he suggested limiting staff presentations at the work sessions and asking a couple of
boards and commissions to attend a Council meeting once a month to give quarterly
reports.
Council Member Reid stated at the retreat there seemed to be majority
support for imposing a five minute time limit on presentations from the public and 10
minute limits on staff presentations. He stated there was also majority support for
holding the presentation section of the meeting at 7:00 p.m. and holding less formal
work sessions. Further, he suggested modifying the Council Chambers to allow for a
larger meeting table.
Council Member Hammier commented on feedback she has received
regarding the difficulty of doing business with the Town. She suggested keeping
bigger picture items in mind including what we are doing to reach a better ratio of
business versus residential funding. Further, she stated the Economic Development
Commission is looking to invite Bob Skunda, Virginia Biotechnology Research Park,
to their January meeting and also plan to invite the Loudoun County Economic
Development Commission.
Council Member Wright stated another item of discussion was adopting clean
rules of order and as part of that discuss how Council would like to conduct business.
Council Member Reid stated his support for discussing the broader issue of
business friendly policies and as part of that discussion bring up the issue of
availability fees.
Mayor Umstattd stated the original theory behind availability fees was that
they would be used to pay for plant expansion. She stated major reductions in
availability fees will cause an increase in the rates for the residential users.
5. Amending and reordaining the Leesburg Town Code regarding Boards
and Commissions
Barbara Beach stated she has received feedback from a Council Member
regarding the need to state the Board of Architectural Review (BAR) compensation
"shall not exceed $3,000" per year. Additionally, she stated feedback had also been
received from a staff member who noted the language regarding the attendance
policy had been removed from the proposed ordinance.
Council Member Burk stated the attendance requirement was added in 2002.
She asked if the language was added to all the other Commissions, or just the BAR.
Ms. Beach stated the language was only found in the regulations regarding
the BAR.
Debi Parry stated the language is currently included for all Commissions
except the Planning Commission and Arts Commission.
Council Member Burk stated it was her recollection that the majority of the
Commissions have the attendance language included in their ordinances. Further,
she stated the attendance language is reasonable.
Mayor Umstattd stated the possibility that someone who misses three
consecutive meetings is slacking off; however, it could also be that they have work
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Paqe 9
obligations and are contributing to the Commission outside of the regularly
scheduled meetings.
Council Member Martinez stated this should fall on the discretion of the
Commission Chairperson.
Ms. Beach stated the attendance language is included in the ordinance for all
Commissions with the exception of the Planning Commission and the Commission on
Public Arts.
Council Member Hammier stated this doesn't seem to be a problem as Council
receives regular attendance reports and can handle the issue through the normal
course of action.
Council Member Wright stated the language is not included for the Planning
Commission because they are governed by State Code. He stated the attendance
language is also included in the Board and Commission Handbook and that is
adequate to handle the situation.
Council Member Reid stated there have been situations where Commissioners
do not show up for meetings. He stated there are also issues regarding members of
Commissions who do not stay for the entire meeting. Further, he stated he would
support including the attendance language in the ordinance.
It was the consensus of Council to not include the language in the ordinance.
Council Member Reid stated he has witnessed several incidents where the
members of the BAR have created more work for themselves by getting into minute
detail. He stated the BAR is the perfect example of how this Town is not business
friendly and he has concerns in paying them $3,000 per year when the budget
picture for next year is not clear yet. Further, he stated he would support language
to state "shall not exceed $3,000".
Council Member Martinez stated he has attended the BAR meetings, meets
regularly with his BAR appointee and disagrees with Council Member Reid's
comments.
Council Member Wright stated he served as Planning Commission
representative to the BAR and while the meetings can be long and difficult the review
of architecture does require great detail. He stated preserving the historic character
of Leesburg is important and these citizens are doing good work. Further, they have
had internal discussions regarding ways to make their meetings more efficient.
Council Member Reid stated the problem is not with the historic preservation
in the H-1, it is more with the H-2 guidelines which are open to interpretation. He
stated given the unclear budget situation he could not support a 150 percent pay
increase.
Mayor Umstattd concurred with Council Members Martinez and Wright's
comments stating the BAR members do good work. She commented on the negative
perception in the business community and suggested reviewing the regulations at a
future work session.
Town Council Work Session of December 11. 2006
Page 10
After further discussion it was the consensus of Council to leave the
compensation language as proposed.
6. Amending the Subdivision and Land Development Regulations
Barbara Beach stated this is going to the Planning Commission, but staff felt it
was important to review the scope with Council first. She stated this eliminates the
need for preliminary site plan, further this ordinance brings us current with all State
Code regulations.
Council Member Burk stated Section 13-45 regarding referral to review
agencies has nothing to do with assessing environmental, historic or preservation
issues.
Ms. Beach stated staff felt the last item on the list gives the ability to refer to
any Town, County, State or Federal agency.
Ms. Swift stated the referrals are not listed specifically because they are
members of the Planning Department.
Mayor Umstattd stated normally when a pro rata is done on utility lines the
Town pays upfront and the developers pay as they hook into the lines; however, the
proposed road pro rata sounds like the opposite and seems to resemble a PPTA.
Ms. Beach stated this would be voluntary on the developer's part. She stated
it would be a situation where the developer felt the roads were so important to their
project that they would pay up front knowing that it could be 10 to 20 years before
they are reimbursed.
7. Requesting Virginia Department of Transportation (VDOT) to expedite
safety improvements
Council Member Reid stated a terrible tragedy occurred Wednesday north of
Town where two teens, 16 and 13 were killed when they drove off the road at the
intersection of Route 15 Business and Route 15 Bypass. He stated this is a
dangerous intersection and this configuration has not changed; however, 33,000
vehicles travel through the intersection every day. Further, he stated in October he
wrote to VDOT asking that the intersection be reconfigured and while they have
responded a resolution seems to be appropriate to expedite this issue.
Council Member Reid suggested adding language to the resolution to state,
"to determine short-term low cost improvements such as guardrails, better striping,
wider shoulders, rumble strips and improved lighting at the split".
Council Member Martinez stated two bicyclists were killed in this same area
because of the narrow shoulders. He stated we can not stop this request with just
this intersection. He stated there are a number of other roads in Town that also need
attention from VDOT. Further, he stated the biggest problem is that the roads were
not built for this traffic and need to be reclassified.
Council Member Hammier stated the construction of the new high school
seems to be the perfect opportunity to get funding from the County to fix this
intersection. She stated with this high school more teenage drivers will be traveling
through this intersection. Further, she suggested modifying our legislative packet so
that we can discuss this issue with the Secretary of Transportation during our visit.
Town Council Work Session of December 11. 2006
Page 11
Council Member Wright expressed support for Council Member Reid's
suggestions to offers short-term options for improvements. Further, he suggested
including Council Member Martinez's concerns in a separate "Therefore Resolved"
statement.
Council Member Reid suggested mentioning that our hearts go out to the
Muse family. He supported Council Member Martinez's comments and suggested
mentioning all of the substandard approaches into Leesburg.
Mayor Umstattd suggested sending the resolution to the Loudoun County
Board of Supervisors to ask their support. She asked that the resolution be sent to
Congressman Wolf, our State Delegation and Governor Kaine. Further, she stated
she and Council Member Martinez spoke with Senator Herring and Delegate Poisson
who are working to find funding for our roads.
For information only:
The Town Council work session of January 8, 2007:
a. Zoning Ordinance Amendment TLOA-2006-0005 to modify Article
18: The Definition of Temporary Commuter Parking Lot - public
hearing
There was no discussion of this item.
b. Elderly and disabled tax exemption
There was no discussion of this item.
c. Elimination of preliminary site plan review
There was no discussion of this item.
New Business
Council Member Reid asked Council to direct the Town Attorney to look into
the necessary easements for the northwest passage as discussed earlier for the next
Standing Residential Traffic Committee (SRTC) meeting.
Ms. Beach stated she has spoken with SRTC Chairman Liz Whiting and as the
attorney is concerned that she does not have direction from Council to open the
roads and do the research.
Mayor Umstattd stated it is important to inform Council of what is legal in this
issue. She expressed concern that this is a sensitive project and that the
expenditure of funds for a study may be viewed as a threat. Further, she stated she
would not support action that would destroy Ida Lee Park or run roads through
conservation easements.
Council Member Martinez reported he will be late to the meeting tomorrow.
Closed Session
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the
following motion was proposed:
Pursuant to Section 2.2-3711(A)(3), and 2.2-3711(A)(7) of the Code of
Virginia, I move that the Leesburg Town Council convene in a closed meeting
Town Council Work Session of December 11. 2006
Page 12
to discuss the acquisition of the O'Connor property, and to discuss a legal
matter pertaining to potential litigation regarding road construction.
The motion was approved by the following vote.
Aye: Burk, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Horne absent)
The Council convened in closed session at 10: 13 p.m.
The Council reconvened in open session at 10:59 p.m.
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 public
business 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.
Adjournment
The meeting adjourned at 11 :00 p.m.
-M. ddL W. t1id.l;b
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