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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. Town Council Work Session Minutes for February 26. 2007 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. Town Council Work Session Minutes for February 26. 2007 Paqe 5 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 Town Council Work Session Minutes for February 26. 2007 Paqe 6 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. Town Council Work Session Minutes for Februarv 26. 2007 Paqe 7 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. Town Council Work Session Minutes for Februarv 26. 2007 Paqe 8 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 Page 9 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. 2007 _tacwsmin0226