HomeMy Public PortalAbout2007_02_26
Council Work Session
February 26, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Vice Mayor
Susan Horne, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor
Umstattd.
Councilmembers Absent: Council Member Reid arriving at 7:40 p.m. and Council
Member Burk arriving at 7:52 p.m.
Staff Members Present: Town Manager John Wells, Town Attorney Barbara Beach,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Director of Engineering and Public Works Tom Mason, Director of Planning,
Zoning, and Development Susan Swift, Director of Parks and Recreation Kaj Dentler,
Chief of Police Joe Price, Director of Capital Projects Management Nagi Elsewaissi,
Deputy Director of Utilities Aref Etemadi, Capital Projects Engineer Tom Brandon,
Transportation Planner Jim Chandler, Management Specialist Tami Watkins, and
Clerk of Council Judy Ahalt.
AGENDA ITEMS
Work Session Items for Discussion
Crosstrail Update
John Wells stated the County Transportation and Land Use Committee met
today and were provided new proffers by the applicant; adding Town and County
transportation will work together to provide an analysis of the latest proffers.
The Mayor asked if the new proffers provide additions to transportation.
Mr. Wells stated we believe the latest edition provides actual construction
dollars to be placed on Sycolin Road.
The Mayor asked if that is in addition to what they had previously proffered.
Vice Mayor Horne asked if it will take money away from the Sycolin Road
overpass.
Mr. Wells stated we have not seen the latest proffers, but we believe it will
add money.
Mike Banzhaf, attorney for the applicant, stated the phasing previously was
from south to north, Crosstrail Boulevard to Hawling Farm Boulevard. Now the
phasing will start at Battlefield Parkway.
Further, the first phase will be Battlefield Parkway at Hawling Farm Boulevard
down to the intersection of Town Line Street.
Council Member Martinez asked when Phase I would start?
Town Council Work Session Minutes for Februarv 26. 2007
Page 2
Mr. Banzhaf stated when the movie theatre or Belk Department Store is
completed.
Council Member Hammier stated Rick Thoesen said it makes sense for
Leesburg to provide water to Crosstrail Boulevard.
Mr. Banzhaf stated the Peterson Company would prefer that Loudoun County
Sanitation Authority (LCSA) provide both water and sewer, but they could have an
interconnection with both the Town and LCSA.
Council Member Wright stated once the transportation proffers are changed
from North to South, when does the four lane section of Crosstrail Boulevard to the
bridge at Sycolin Road happen.
Mr. Banzhaf stated it would start in Phase III of residential when 421 active
adult units are completed.
Council Member Wright verified the primary access to Crosstrail Boulevard
would be Battlefield Parkway.
a. Loudoun County Sanitation Authority utility system discussion.
Randy Shoemaker stated that approximately two weeks ago the Deputy
General Manager of LCSA Rick Thoesen was before Council with a concept plan for a
single shared waste water conveyance system to jointly serve the Lower Sycolin
Creek sewer shed to the Town's Joint Land Management Area (JLMA) and the
County's Transition Policy Area (TPA).
He stated staff is requesting authorization to work with LCSA on the feasibility
of a shared single conveyance system to jointly serve the Lower Sycolin Creek sewer
shed and to discuss the possible sale of waste water capacity to LCSA to serve a
portion of the transition policy area which is included in Lower Sycolin.
He stated upon approval from Council to proceed, staff anticipates returning
their findings within 60 days. He added multi-jurisdictional agreements are
commonly used in the waster water industry for shared service boundaries.
Council Member Burk clarified staff is only seeking authority to explore the
feasibility of shared service.
Council Member Martinez stated he is looking forward to developing a
relationship with LCSA.
Council Member Hammier asked if the Board of Supervisors has been given
this presentation.
Mr. Wells stated the Board has seen a presentation and they asked that LCSA
give a more expanded presentation to Town Council.
Council Member Hammier asked Mr. Thoesen to reinforce that the Town is the
logical water provider as we continue discussion on the Lower Sycolin sewer shed.
Council Member Reid asked Council to support amending the resolution to say
that Leesburg would sell water to LCSA.
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Page 3
Vice Mayor Horne stated that would be premature.
Mr. Shoemaker stated the issue is for sewer only but the water issue can be
discussed at a later date.
Mayor Umstattd stated she would first like to be sure that we have the
capacity for any future redevelopment and the possibility of this enhancing new
development in and around the Town. Also, she wants to be sure that we are not
selling nutrients that would in any way affect us with regard to state regulations.
Mr. Thoesen agreed it has to be in our mutual best interest and the Town has
to protect Leesburg customers. He stated if you are satisfied that your current waste
water treatment plan will handle the current and future needs; then there is no need
for expansion.
He stated we will focus on sewer first and return in 60 days for an update.
Council Member Hammier suggested a joint meeting with the Board of
Supervisors if we decide to go forward.
b. Possible relocation of the Loudoun Chamber of Commerce
Betsy Fields stated the Loudoun County Chamber of Commerce's lease for
their current space at 101 Blue Seal Drive expires on December 31, 2007. She
advised they are looking for a new location and possibly collocation with the Small
Business Development Center whose lease will end on September 30, 2007.
Vice Mayor Horne stated the collocation of both is a good idea.
Council Member Wright clarified there would be a need for five to six
thousand square feet and parking for approximately 50 people.
There were no further questions.
c. Market/Memorial Drive traffic design
There was no discussion
d. Legislative Update
Nicole Ard thanked the Mayor and Vice Mayor for getting the word out to
Delegate Herring on the Charter Bill.
She stated that Delegate May was successful with the bill on cash proffers.
Ms. Ard provided an update on the eminent domain legislation.
She also reported the Town will be receiving over $1 million in 599 funds.
e. Journey Through Hallowed Ground Update
Betsy Fields stated staff is recommending sponsorship of the Journey through
Hallowed Ground (JTHG) annual meeting.
Vice Mayor Horne clarified the meeting will be held at the Birkby House.
Town Council Work Session Minutes for Februarv 26. 2007
Page 4
Ms. Fields stated their will be approximately 240 attendees and $8,000 in
funding for catering the event.
Council Member Hammier asked the direct benefit to the Town.
Ms. Fields stated downtown merchants will be contributing to goody bags for
the attendees.
Council Member Burk asked who will be attending.
Ms. Fields stated Frank Wolf will be one of the attendees as well as other
legislative people.
Council Member Wright asked what the Economic Development Department is
doing to promote this event.
Ms. Fields stated this will be a great press opportunity.
Council Member Reid clarified Journey through Hallowed Ground has received
$1 million so far.
f. Strategic Plan Project quarterly update
John Wells stated the update is part of the agenda packet and asked if there
were any changes?
Council Member Hammier asked for quick summary on where we are and
when things will be completed.
Mr. Wells stated the highlights are the fiscal impact model which will be
completed late spring/early summer and the transportation model is on schedule to
be completed July 2007.
The next update of the Town Plan implementation tracking is March 2007.
He stated Battlefield Parkway/Rt. 15 to North 15 is estimated for 2010. We
will also be receiving bid information within the next few months on the time line
with the bridge segment of Battlefield Parkway.
He added a number of activities are tied with a work session we are
scheduling between the Town Council and the Economic Development Commission.
A number of priorities are tied in with an update for the Strategic Plan for the
Economic Development Commission.
The annexation discussion will tie in with the AADP Committee meetings and
the next AADP meeting will be held on March 8.
Council Member Martinez stated we are still referring to the joint planning
areas the LAMP; it should be called the Leesburg Joint Planning Area and is a much
larger area than the LAMP.
Mr. Wells stated many of these projects will be updated tomorrow night as
part of the budget presentation.
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He stated in the future the plan update will be on a calendar.
For Information and Questions Only
a. 2009 Agreement with the County regarding Ida Lee Recreation
Center
Vice Mayor Horne suggest more public discussion on this item.
Mr. Dentler stated negotiations will take time and discussed the need for
public input.
He stated Town staff has been unsuccessful for two years in getting a
response from the County to discuss the future of the contract. He stated
non-residents have been using Ida Lee Recreation Center for 20 years at the
same cost as Town residents. He stated the Town does not want to make a
unilateral decision. He added Town staff needs more information before
holding the public hearing.
Vice Mayor Horne stated partnering with the County is not the best deal
for Leesburg; the facility belongs to citizens of Leesburg.
Council Member Burk agreed the County is getting a good deal with the
Town.
Council Member Martinez stated if the County partners with the Town it
would including sharing of operating costs and any future upgrades. He
added before the public hearing he would like to get a better idea of what we
are working toward.
She stated Leesburg residents are County taxpayers and since there
appears to not be enough money to build the Bolen Park Recreation Center, it
would make sense for the County to collaborate at Ida Lee.
Council Member Wright stated the Parks and Recreation Commission is
trying to get the County in discussions. He suggested a letter to the County.
Vice Mayor Horne stated the Town is not obligated to extend the
agreement.
The Mayor added we are being too generous with the County.
Closed Session:
Water Rate Litigation
On a motion by Council Member Martinez, seconded by Council Member Reid,
the following motion was made:
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 discuss legal matters relating
to water rate litigation and Dominion Virginia Power:
The motion was approved by the following Vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
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Potential Real Property Litigation
On a motion by Council Member Burk, seconded by Council Member Martinez,
the following motion was proposed:
Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting for discussion of potential real
property acquisition:
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Town Attorney Contract Clarification
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the
following motion was made:
Pursuant to Section 2.2-3711(A) (1) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting to discuss a personnel
matter regarding the Town Attorney Contract.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Council convened into the Closed Session at 8:09 p.m.
Council reconvened in open session at 9:50 p.m.
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, 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 motions 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
Council resumed the regular agenda at 9:51 p.m.
g. KSllnterchange status report
Planning Director Susan Swift stated since February 12 another set of plans
on the interchange by KSI have been resubmitted by the applicant.
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Mr. Wells stated one of the outstanding issues is the need for the applicant to
contact the Holiday Inn to obtain permission to relocate their entrance.
Vice Mayor Horne asked the status of approval of the interchange design by
the Town, VDOT and the County.
Council Member Hammier asked when the interchange will be done and do we
expect any delays.
Mr. Wells stated staff will continue to reach out to the applicant and try to
make the 3rd submission, the final one.
Susan Swift clarified approximately 60 days from now our comments will be
back to the applicant.
Council Member Reid questioned why the KSI representative left. He stated
the staff memo shows numerous outstanding items but none of great concern.
Ms. Swift clarified that every item except #6 and #7 was on a list known by
the applicant during the approval process for the rezoning.
h. Legal staffing needs of the Board of Architectural Review (BAR)
Town Attorney Barbara Beach stated it is her understanding the Board of
Architectural Review had concerns they were not receiving feedback from Council on
the request that they have an attorney present when there is an appeal.
She stated she had made a recommendation to Council that she did not
believe that was necessary because it is actually the Town that is being appealed into
Court. She stated when the BAR appears before the Town in an appeal, the Town
and the BAR is one in the same.
Further, she stated it is Council's desire to ask the Town Attorney to begin
staffing the public hearings of the BAR to offer them additional legal support as a
result of the appeal to Council or the court.
She stated the purpose of the Town Attorney staffing the BAR public hearings
would not be to represent the BAR before Council because that would be a conflict of
interest.
Vice Mayor Horne asked if in house staffing would be provided or whether an
attorney would be hired from the public.
Ms. Beach stated she has adequate staff to cover the BAR at their regular
meetings.
Council Member Wright stated the BAR is concerned with a change to the
appeal process where before Town staff would argue the appeal before the BAR.
Their assumption is the policy is now that staff would present what the BAR heard,
their decision and the appeal. Their feeling was they would have to defend
themselves during an appeal.
Ms. Beach stated a BAR member on the prevailing side of the motion would
come to Council to argue their case.
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Ms. Beach stated if the matter goes into Court and staff disagrees with the
BAR, then staff is the witness in Court. The staff member technically works for the
BAR; not the Town.
Council Member Reid stated he is looking forward to seeing the Town Attorney
at the next BAR meeting.
i. Southwest Connector Trail Feasibility Study
Jim Chandler stated this study was prepared by Kimbley-Horn and Associates,
Inc. and overseen by the Capital Projects Management Department. He stated the
project is feasible and would cost approximately $6 million.
Mayor Umstattd asked the cost impact if the trail were delayed.
Mr. Chandler stated approximately four percent per year.
Vice Mayor Horne stated we have gotten to this point by Council appointing a
task force of citizens to look at a solution for trails in the SE/SW quadrants of Town.
She stated she is proud of the work done on this project and it is our obligation to
connect all points of Leesburg. She asked for this project to be incorporated in the
CIP.
Council Member Martinez stated funding should be through the CIP process.
He also suggested implementing the project in phases.
There was discussion on other trail alternatives included in the study.
Mr. Chandler stated an internal staff review of all items in the report is on
going.
Council Member Wright asked for further review of the A-2 option.
Council Member Reid stated we need public input and suggested adding
funding for the Ft. Evans Road crossing stressing the safety issues of that location.
Further, he asked for funding to be put in the CIP for a Ft. Evans Road
crossing. Also, he asked Council to consider purchasing property for future trail
needs.
Mayor Umstattd stated she is impressed the Trails Committee was able to
come to a unanimous decision.
Further, what do we anticipate VDOT will do about widening the bypass and
how that would impact any pedestrian bridge?
Jim Chandler stated VDOT will take a bridge crossing into consideration.
The Mayor asked where the money would come from and suggested an
amendment to the CIP to include the trails connection.
Mr. Wells stated any amendments to the CIP can be considered in the current
budget process.
Town Council Work Session Minutes for February 26. 2007
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Council Member Martinez stated the pedestrian overpass is needed on the
bypass and should be considered by VDOT as a public safety issue.
Vice Mayor Horne stated the Town is spending $45,000 a year to take people
across the bypass as well as the cost of fencing.
Council Member Reid stated there are less expensive alternatives such as Ai
and A3.
j. Loudoun Street Update
John Wells stated the committee convened last week and discussed a long
term lease or sale of the property. He added an update will be returned to Council
at the second meeting in March.
Vice Mayor Horne stated she is pleased the committee is meeting and she will
be looking forward to hearing the recommendation.
Council Member Reid asked why we are looking to use a PPPA.
Mr. Wells stated staff use would require a value engineering study and
wouldn't meet projections.
On a motion by Council Member Martinez, seconded by Council Member Wright,
the meeting adjourned at 11:25 p.m.
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