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.
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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.
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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.
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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
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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
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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
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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