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HomeMy Public PortalAbout2007_03_12 Council Work Session March 12, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Councilmembers Absent: None Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Capital Projects Management Nagi Elsewaissi, Director of Engineering and Public Works Tom Mason, Director of Human Resources Nancy Fixx, Director of Finance Norm Butts, Director of Economic Development Betsy Fields, Chief of Current Planning Lee Phillips, Chief of Engineering Bill Ackman, Transportation Engineer Calvin Grow, Comprehensive Planner Scott Parker, Senior Engineer Anne Geiger, Zoning Planner Wade Burkholder, Zoning Planner Chris Murphy, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS 7:00 Presentation - Presentation of County Office Proposal - Jordan Land Design, LLC David Jordan, Jordan Land Design, stated he is representing Salvatore Cangiano who submitted a request for proposal for the construction of the new Loudoun County government center on his property south of Leesburg. Mr. Jordan outlined the proposed orientation of the buildings, parking and performing arts center on the site. Further, he discussed the amenities included in this site including open space, proximity to the commuter parking lot, access to the W&OD Trail and access to Phillip A. Bolen Park. Council Member Burk verified the site includes only surface parking. She asked if any consideration had been given to green architecture. Mr. Jordan stated he would be willing to work with Loudoun County regarding that aspect of architecture. Vice Mayor Horne asked the square footage of Fairfax County's main government building. Mr. Jordan stated their facility is close to 500,000 square feet, which is close in size to this proposed building. He stated the difficulty with the Fairfax Government Center is that there is no connection between the buildings, which he would like to have on this site. Vice Mayor Horne asked if this will be a pedestrian friendly complex where people could walk to lunch rather than getting in their cars. Mr. Jordan stated this location is in close proximity to the W&OD trail, Phillip Bolen Park, and the proposed performing arts center. Further, he stated there would be open space and seating areas. Town Council Work Session of March 12. 2007 Page 2 Council Member Martinez stated this is a good use for the property. He asked the height restriction on that site. Mr. Jordan stated he is proposing a four-story building. Council Member Martinez verified this site sits lower than the airport site. Council Member Hammier stated she appreciates this proposal given the key location of this particular site. Council Member Wright asked if there would be room for additional office capacity not dedicated to the County if the parking were structured. Mr. Jordan stated in laying out the site he was looking for an infrastructure similar to Reston Town Center. Council Member Reid asked if any applicants were offering to donate the land to Loudoun County. Mr. Jordan stated it is his understanding that the County is looking for a lease-to-own relationship. Mr. Wells stated his understanding of the proposals is that some have a public component and some have a proprietary component in terms of the actual financing deal proposed. He stated some of the information that is being requested may not be available publicly at this time. Council Member Reid verified this property is separate from the Shellhorn property and consists of 140-acres. 1. Closed Session a. Right-Of-Way Acquisition - Union Cemetery On a motion by Council Member Hammier, seconded by Council Member Wright, 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 to discuss the acquisition of right-of-way from Union Cemetery. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Reid absent) b. Water Rate Litigation Council Member Burk asked the need for a closed session discussion. Ms. Beach stated the closed session is not urgently needed; however, she wanted to provide Council with an update regarding the negotiations. Council Member Wright stated he attended a meeting with the litigants and since the contents of that meeting are confidential he would not be permitted to report on that meeting in open session. Town Council Work Session of March 12. 2007 Paqe 3 Mayor Umstattd stated for the record that Ms. Beach has not been directed by Council to settle this case. On a motion by Council Member Burk, seconded by Council Member Hammier, the following motion was proposed: 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 litigation regarding the water rates. The motion failed by the following vote: Aye: Burk, Wright, Hammier Nay: Horne, Martinez, Reid and Mayor Umstattd Vote: 3-4 Council Member Reid proposed that Council Members ask questions of Council Member Wright and Ms. Beach regarding the context of the meeting with the litigants. Ms. Beach stated she can not discuss the meeting because it is confidential. She stated she can not answer any questions publicly. Council Member Reid asked that a memo be prepared by the Town Attorney regarding the context of the meeting. Council Member Martinez asked that the motion be reconsidered. Council Member Reid asked that the closed meeting discussion take no longer than 20 to 30 minutes. On a motion by Council Member Martinez, seconded by Council Member Reid, the following motion was proposed: Reconsidering the motion regarding convening in closed session for discussion of litigation regarding the water rates. The motion was approved by the following vote: Aye: Burk, Hammier, Martinez, Reid and Wright Nay: Horne and Mayor Umstattd Vote: 5-2 On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: 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 lasting no longer than 20 to 30 minutes to discuss litigation regarding the water rates. The motion was approved by the following vote: Aye: Burk, Hammier, Martinez, Reid and Wright Nay: Horne and Mayor Umstattd Vote: 5-2 Town Council Work Session of March 12. 2007 Page 4 The Town Council convened in closed session at 7:49 p.m. The Town Council reconvened in open session at 8:22 p.m. c. Certification of Closed Sessions On a motion by Council Member Martinez, seconded by Council Member Burk, 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. 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 2. Questions on Tuesday Agenda Items - Council Meeting of March 13, 2007 Council Member Reid asked if the public comment time for the water and sewer rate public hearing should be limited to three minutes. Mayor Umstattd stated that would depend on how many individuals sign up to speak tomorrow night. She stated Council approval would be needed to limit the comment time; however, her preference is to keep the time limit at five minutes. Council Member Hammier asked who Vice Mayor Horne is nominating for appointment to the Environmental Advisory Commission. Vice Mayor Horne stated she is considering four candidates and will bring forward a nomination tomorrow night. Council Member Burk asked when Council Member Wright will bring forward a nominee for appointment to the Commission on Public Art. Council Member Wright stated he will bring forward a nominee shortly. 3. Presentation - Virginia Regional Transit Authority Mark McGregor, Virginia Regional Transit Authority (VRTA), outlined their annual report, strategic planning document and audit document. He stated ridership has grown by 20 percent, which has resulted in congestion at the Loudoun County Government Center hub station. Further, he stated they have completed one bus shelter in Leesburg and have a second under construction. Council Member Burk asked why the Safe-T-Ride hours of operation begin late in the morning on weekends. Town Council Work Session of March 12. 2007 Paqe 5 Mr. McGregor stated there are a certain number of operation hours that have been funded and VRTA has attempted to match the outlet mall's hours. He stated the cost per hour of service to the Town is $16.00. Council Member Burk stated a number of employees at the outlet mall have indicated the need for Safe-T-Ride service to get to work on the weekends. Vice Mayor Horne commented on the availability of funds to replace the trolley and asked if the current trolley needs to be replaced or is there an opportunity to run two trolleys. Mr. McGregor stated the current trolley does need to be replaced. He stated there are funds to purchase additional trolleys; however, that would require an increase in the Town's allocation to VRTA. Council Member Hammier asked what Council could do to increase awareness of the services VRTA provides. Mr. McGregor stated they plan to do a direct mailing to the Leesburg residents once a new transportation hub has been relocated. He stated VRTA is also working to update its website and television advertisements. Further, he stated the partnership with the Town and the service of Kathy Leidich on the VRTA Board has been instrumental in VRTA's success. Council Member Hammier asked if it would be possible to consider use of VRTA's services to transport citizens to a park and ride facility. Mr. McGregor stated VRTA currently provides that service for Loudoun County in a number of locations. Council Member Wright stated citizens in the Westpark area have indicated a need for bike racks on the buses. Mr. McGregor stated all new trolleys and busses will come equipped with bike racks. Council Member Reid asked how many riders are utilizing the trolley during the week and on weekends. Mr. McGregor stated the trolley services approximately 2,500 riders per month. Council Member Reid asked if VRTA has the discretion to charge riders who utilize the trolley. Mr. McGregor stated when the trolley service began Council indicated a desire to allow riders to utilize the trolley for free in order to bring shoppers from the outlet mall to the downtown area. Council Member Reid asked that VRTA provide a cost estimate for increasing the Safe-T-Ride hours to begin at eight o'clock a.m. during the week and nine o'clock a.m. on Saturdays. Town Council Work Session of March 12. 2007 Paqe 6 Mayor Umstattd stated she would like to know what the cost would be to start the service as early as five o'clock a.m. Further, she asked if the request to increase service hours on weekends comes from shoppers or workers. Mr. McGregor stated the requests come from workers not located on the trolley or Safe- T-Ride routes as all other buses only run during the week. He stated there are residents and visitors who just enjoy riding the trolley for pleasure and there are a number of homeless individuals who ride the trolley during the winter to keep warm. 4. Work Session items for discussion a. Crosstrial Update Scott Parker stated new proffers were submitted to the County on February 26 at the Transportation and Land Use Committee meeting and another new set was submitted on February 27 containing significant changes, further a new traffic study was received Friday afternoon. He stated Town staff will meet with County staff tomorrow to discuss the changes. Further, he stated the next Transportation and Land Use Committee meeting is scheduled for March 26. Mr. Parker outlined a number of significant changes to the proffers including phasing and transportation assumptions such as completion of the Battlefield Parkway and Route 7 interchange by 2011 and widening of the Route 7/15 Bypass to six lanes by 2008. He stated the proffers have also changed including the proffer to complete phase three of the Sycolin Road construction and the extension of Shreve Mill Road. Further, he stated the transportation proffers still fall short of mitigating the traffic impact. Vice Mayor Horne thanked Mr. Parker for his efforts and questioned how this would impact the Loudoun County Board of Supervisors when they make their decision on this project. Mr. Parker stated Supervisor Lori Waters had discussed the need for more office and retail use up front which led to the major phasing changes in the construction of Hawling Farm Road. Further, he commented on the applicant's assumption that 39 percent of the total vehicle trips will access the site via the Greenway. Mayor Umstattd asked if that is 39 percent of the estimated 50,000 vehicle trips per day. Mr. Parker stated once phase four has been completed the 39 percent accessing the Greenway will be divided between Crosstrail Boulevard and Battlefield Parkway, until that time all trips utilizing the Greenway will travel on Battlefield Parkway. Council Member Wright stated until the later phase is complete 100 percent of all trips accessing the site will utilize Battlefield Parkway as that will be the only way in and out. Town Council Work Session of March 12. 2007 Paqe 7 Vice Mayor Horne stated Mr. Banzhaf mentioned there may be a Belk's Department Store located on the site; however, that does not fit the Fairfax Corner model Peterson Companies promoted for this project. Mr. Parker stated the Town has not received any specifics on the tennents. He stated staff has been concerned that the plan does not have any limits on size or use. Council Member Martinez stated the developer is not meeting his responsibility to mitigate the traffic impacts in the Town or County. He expressed his hope that the Loudoun County Board of Supervisors will understand this is a bad application. Council Member Hammier asked the next step after the upcoming Transportation and Land Use Committee meeting. Mr. Parker stated the applicant has asked that the application be deferred to the first meeting in April. He stated it is unknown whether the Transportation and Land Use Committee will defer it further or whether they will refer it to the full Board for a vote in April. Council Member Hammier concurred with Council Member Martinez's comments stating it is also important for the elected officials of Leesburg to also accept responsibility for our own actions or inactions. She asked Mayor Umstattd's thoughts on her continuing strategy to keep Leesburg small with no boundary line adjustments or annexation. Mayor Umstattd stated we complain about Crosstraillegitimately; however, a previous Council approved an application with 1,000 units on land that had been planned for commercial units only. She stated with the exception of Meadowbrook it hasn't mattered whether land is in or out of the Town in cases where rezonings were granted for high density residential. Council Member Wright verified this application has been deferred four or five times to allow the applicant to make changes. He stated the good news with this application is that they will build the office use in the Town first; however, the bad news is that all trips for this site will be dumped on Battlefield Parkway. Further, he stated this will create gridlock in that sector of Town therefore the application should be denied based on health, safety and welfare alone. Council Member Wright verified the Town's requests for land for the airport and relocation of the community commercial center had not been add ressed. Council Member Reid stated Jeff Saxe had indicated Peterson would pay for the widening of Sycolin Road to the airport; however, he would prefer that the $13 million be given to the Town along with the flexibility to use it for the Sycolin Road flyover as it is a more critical transportation improvement. b. Amendments to the Subdivision and Land Development Regulations Lee Philips outlined the proposed amendments to the Subdivision and Town Council Work Session of March 12. 2007 Paqe 8 Land Development Regulations to be discussed during the public hearing tomorrow night. Council Member Wright stated the Planning Commission asked that Council be made aware of amendments to Section 13-92 regarding bonding items which gives the Town Manager authority to act on bonding items with a value of less than $200,000. Council Member Martinez asked that language be added to state that Council action would be required for bonding items of $200,000 or more. Council Member Wright stated the other issue flagged by the Planning Commission concerned pro-rata road districts. He stated the Planning Commission's concern was that this power has not been widely adopted by other jurisdictions and those who have it do not use it. Council Member Hammier thanked Mr. Phillips for his report. There was further discussion and clarification of the proposed amendments to the Subdivision and Land Development Regulations. Council Member Wright questioned the $500 fee to vacate a boundary line stating there are several homes in his neighborhood where the lot lines run through the middle of houses. Mr. Phillips stated there has been no change in that fee; however, when it was established it was viewed as a boundary line adjustment. He stated there would be less work for vacation of a boundary line as opposed to a boundary line adjustment and staff could look to reduce that fee. Council Member Wright verified that fee could be reduced under the advertisement for the public hearing. Council Member Reid stated this is a move in the right direction. He addressed the elimination of preliminary site plans and verified an applicant with an approved preliminary site plan would not need to resubmit. Further, he asked if there is anything Council can do to expedite these deregulatory moves. Ms. Beach stated the Planning and Zoning Department, Engineering and Public Works Department and the Town Attorney's office have spent countless hours revising the Subdivision and Land Development Regulations. She stated this ordinance is a better product than something that was expedited through. Mr. Wells stated a vote on this ordinance is scheduled for tomorrow night. He stated this is not the end of the improvement process for development review and Council's continued support and encouragement is needed as we continue with process changes. c. Legislative Update Nicole Ard stated staff has provided Council with a status update on Town Council Work Session of March 12. 2007 Page 9 the items included in the legislative agenda along with grant applications and letters of support from our elected representatives. d. Transportation Funding Package briefing Ms. Ard stated staff has provided a chart outlining the taxes and fees that would be implemented by the Northern Virginia Transportation Authority (NVTA) member communities as part of House Bill 3202. She stated the member communities will have to adopt all fees before they are considered eligible to receive transportation funding. Council Member Martinez stated under this 40 percent of the revenues collected will be distributed to the localities with 50 percent of the 40 percent earmarked for secondary road construction. He asked if more staff will be necessary to administer this. Further, he stated it is his understanding that since we are not eligible to be a member of NVTA the Town can not oppose these fees as the decision lies with Loudoun County. Ms. Ard stated she does not have information regarding any staffing needs at Loudoun County or any other locality; however, that does point to the question of the return on investment for each community. Council Member Burk verified all of the taxes and fees would have to be adopted to participate in this funding program. Council Member Martinez stated the distribution of the funds would have to be done in consultation with the General Assembly representative for that locality. Mayor Umstattd asked if the General Assembly member can veto the locality's decision for allocation of the funding. Ms. Ard stated staff has also provided material from Virginia Municipal League regarding their concerns. Mayor Umstattd stated Fairfax County Board Chairman Gerry Connolly was very concerned that the state would devolve this responsibility on to the localities and to force the County to take the blame. Vice Mayor Horne stated she gives credit to our representatives in Richmond for taking some action. She stated while people may not agree with this bill they did try to make headway on this issue. Further, she stated as the shortfall in transportation funding increases we will see more and more emphasis on localities to construct roads as we are currently seeing in Leesburg and Fairfax. Council Member Burk stated her concern is that the General Assembly is insisting that localities raise taxes, while they are not raising them. Vice Mayor Horne stated she is not in agreement with this bill stating more increases should be focused on user fees as opposed to the cost of housing. She stated there is not an easy solution and she gives credit to the General Assembly for putting something on the table for us to work with. Town Council Work Session of March 12. 2007 Page 10 Council Member Martinez stated the General Assembly has abdicated their responsibility by passing the blame to the localities. He stated if the state wants us to build the roads they should give back the tax money we pay to them. Further, he stated the Town of Leesburg will not receive any funding unless Loudoun County approves the increases in taxes and fees. Council Member Martinez asked if the County has communicated with our General Assembly members. Ms. Ard stated the County did send a letter to the Governor regarding their concerns with the legislation. Council Member Martinez asked that Council pass a resolution expressing their concerns with this legislation. Mayor Umstattd stated one of the things noted during the conversation at the Governor's conference last week was that the Governor was asking all the Northern Virginia localities to come up with a united position to the bill that he could take back to the General Assembly. Further, she stated virtually everyone at the meeting thought this bill was in need of significant overhauling. Council Member Burk asked if Fairfax County has responded. Mayor Umstattd stated the Town of Purcellville has sent a letter to the Governor requesting that he veto this bill. She stated most jurisdictions were hopeful that the General Assembly would agree to amend the bill so the Governor would not need to veto it. Council Member Hammier stated in sitting through the Finance Committee meeting during VML day she was taken by the unified voice Northern Virginia brought to Richmond regarding transportation and the central issue of the gas tax. She stated we are all pleased with the success we were able to garner in terms of additional funding for one portion of Battlefield Parkway. Mayor Umstattd stated the issue of a regional or state-wide gas tax was discussed at the Governor's conference and it was the Governor's opinion that it would not pass the General Assembly. Council Member Wright stated during the meeting with Senator Potts in Richmond he highlighted other alternatives such as the gas tax which would not push the burden to the County. He stated we are currently building our own roads and if we are given the authority to raise these fees why are we not allowed to keep the money. Council Member Reid concurred with Vice Mayor Horne's comments stating this bill is a good start. He stated one of the flaws in the bill is the proposed increase in the Grantor's Tax versus a Grantee's Tax and asked if that was discussed at the Governor's conference. Town Council Work Session of March 12. 2007 Paqe 11 Mayor Umstattd stated there was less discussion regarding Grantor's Tax versus Grantee's Tax and more discussion that it was just wrong to impose that type of burden. Council Member Reid stated all in all this is a good bill and he hopes it is not vetoed. e. Intersection improvements at Memorial Drive at West Market Street Liz Whiting, Standing Residential Traffic Committee, presented the Committee's recommendations, (1) that these or other improvements that eliminate on-street parking in the historic downtown be authorized only after an outreach that brings interested stakeholders into the discussion and (2) that these proposed improvements be authorized only upon Council approval after examination of alternatives. Sandy Kane, Standing Residential Traffic Committee, stated this issue was discussed at great length by the Committee and several residents have expressed concerns regarding safety at this intersection. Council Member Burk stated the residents in this area have also expressed their concerns to Council. Vice Mayor Horne concurred with the recommendations on the Committee and thanked them for their consideration of this matter. Council Member Wright concurred with the Committee's report. He stated staff was going to coordinate community outreach to review this application and asked the status of those efforts. Mr. Wells stated staff was waiting until after tonight's presentation to schedule a community meeting. Council Member Reid asked Ms. Whiting if Council should look at the traffic light. Ms. Whiting stated the Committee was steered away from that discussion. She stated the Committee does usually encourage exploring the opening of as many access points as possible; however, that was not incorporated in this plan. Council Member Reid asked that Ms. Whiting meet with Calvin Grow and Nagi Elsewaissi to discuss the Union Cemetery project and the opportunity for a northwest passage. f. Health Insurance Norm Butts stated the current contract for our health care expires June 30 and in anticipation of that the Town Manager appointed a task force to work with our insurance consultant to develop a request for proposal and conduct interviews. He stated the recommendation from the task force and the consultant was that a contract for health and dental be offered to Anthem Blue Cross Blue Shield and a contract for vision care offered to Eye med. 44 Virginia Freedom qf I,!formatwn Act & Conflicts qf Interest Act Town Council Work Session of March 12. 2007 Pace 12 Further, he stated award of these contracts would provide a comparable benefit package for the employees at a savings of $450,000 to the Town. Council Member Burk asked if there would be an increase in cost to the employees. Mr. Butts stated the premium charges paid by the employees will decline in most if not all cases. Council Member Burk asked if there will be a greater offering of providers under this plan. Mr. Butts stated the request for proposal called for a dislocation analysis to look at our employee's current providers and under Anthem there was only minimal dislocation. Vice Mayor Horne asked if the co-pays will change under this contract. Mr. Butts stated the co-pays are similar to what we have now and there are only minimal changes in deductibles. Mr. Wells stated one of the reasons for increasing the optional benefit was to offset some of the changes in the deductibles. Council Member Hammier verified the prescription charges are essentially the same. Further, she verified this cost savings was incorporated in the budget. Council Member Wright asked the cost to the Town per employee. Mr. Butts stated each employee has the option of the HMO or PPO coverage and within that there are several levels for employee only, employee and child, employee and spouse and family coverage. He stated the costs range from the employee only HMO at 90% cost to the Town and 10% cost to the employee to 77.5% cost to the Town and 22.5% cost to the employee for family HMO. g. Affordable work force housing Mayor Umstattd stated Town and County staff will meet this week to discuss the details of having the County administer an affordable work force housing program for the Town. 5. For information only: Preview Topics for March 26, 2007: a. Economic Development Commission Report There was no discussion of this item. b. Oaklawn Rezoning Concept Plan - After Action Report There was no discussion of this item. Town Council Work Session of March 12. 2007 Page 13 c. Awarding the Ida Lee Indoor Tennis Facility construction contract There was no discussion of this item. d. Authorizing offers for the N. King Street Improvements/Union Street Update There was no discussion of this item. e. Class A Office and Hotel Market Analysis Proffer Study There was no discussion of this item. f. Tree Commission Report There was no discussion of this item. g. Budget Public Hearing There was no discussion of this item. Adjournment On a motion by Council Member Martinez, seconded by Vice Mayor Horne the meeting adjourned at 10:36 p.m. 2007 _tcwsmin0312