HomeMy Public PortalAbout2007_04_23
Council Work Session
April 23, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Susan Horne, Marty Martinez, Ken Reid,
Kevin Wright and Mayor Kristen Umstattd
Councilmembers Absent: Council Member Hammier absent.
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 Finance Norm Butts, Director of Engineering and Public Works Tom
Mason, Director of Utilities Randy Shoemaker, Chief of Comprehensive Planning
David Fuller, Zoning Planner Wade Burkholder, Preservation Planner Annie McDonald,
Transportation Planner Jim Chandler, Recreation Programs Manager Kate Trask,
Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
1. Loudoun Academy of Arts Foundation
Barbara Justice, Loudoun Academy of Arts Foundation Board Member, stated
her organization is currently located at 222 South King Street and is in need of a
larger downtown location.
Mayor Umstattd asked how much square footage is needed.
Ms. Justice stated they currently have 4,500 square feet and are looking for a
location between 7,000 and 9,000 square feet. She introduced Gale Waldron and
Michelle Galler.
Gale Waldron, Director of Gallery 222 addressed Council. She stated since
moving downtown six years ago the foundation has built a major arts facility
consisting of the Loudoun Academy of the Arts, Gallery 222 and King Street Studios.
She outlined their position as a major tourism draw and their many contributions to
the community.
Michelle Galler, Loudoun Academy of the Arts Foundation Board Member,
outlined the need for space in the downtown. She stated the foundation is the
largest visual arts non-profit organization between Winchester and Alexandria.
Further, she stated they would like to house the three facilities in one location and
suggested locations such as old school annexes, former Town or County facilities, old
factories and vacant land.
Council Member Burk stated it would be a terrible loss if we were to lose this
facility. She suggested meeting with the developer who is planning to redevelop
their building to ask for assistance in finding a new location for the foundation.
Vice Mayor Horne asked the Economic Development staff to work with the
foundation to find a new location and asked when the new space would be needed.
Ms. Waldron stated the space would be needed in one to one-and-a-half
years.
Town Council Work Session ofAoril 23. 2007
Page 2
Council Member Martinez stated the importance of the foundation to the
community. He suggested that the foundation contact the Leesburg Commission on
Public Art for assistance.
Council Member Wright asked if the foundation is currently on a month-to
month lease.
Ms. Waldron stated the exact date they will need to move is unknown and will
be based on when the developer receives approval of his plans.
Council Member Reid stated his children have taken classes at Gallery 222
and he would hate to see them leave Leesburg. He stated there is approximately
one million square feet of commercial space being developed in the Town and
Council is planning to discuss upcoming Zoning Ordinance revisions to make it easier
for people to build retail and office space in this Town. Further, he stated he is
meeting with a developer tomorrow and will discuss with them the possibility of
proffering space for the foundation.
Mayor Umstattd asked Economic Development Department staff to meet
with the foundation to locate an appropriate site. Further, she thanked everyone in
attendance for this issue for addressing Council and displaying their art.
2. Questions on Tuesday Agenda Items - Council Meeting of April 24,
2007
Vice Mayor Horne stated the County Government Task Force met prior to this
meeting and staff is drafting a letter to the County for Council's consideration
tomorrow night. She stated the County is looking to narrow the number of sites to
five by May 1 and the Town needs to ensure that the in-Town sites receive top
billing.
Council Member Reid stated Council is being asked to extend the special
exception for the park and ride lot for two years and verified the term could not be
extended beyond that without rescheduling the public hearing. Further, he verified
the County is scheduled to open their park and ride lot on Sycolin Road by Labor Day
of this year.
Council Member Wright asked the status of the dog park proposal at Morven
Park.
Mr. Wells stated the publiC hearing is scheduled for the first meeting in May
and he is meeting with representatives from Morven Park tomorrow to discuss the
draft agreement.
3. Work Session items for discussion:
a. Loudoun County Sanitation Authority (LCSA) Proposal for
Shared Wastewater Conveyance System for Lower Sycolin
Creek Sewer Shed
Randy Shoemaker stated over the past two months staff has worked
with LCSA's engineers and the Town's consultant to refine flow assumptions in
both the JLMA and Transition Policy Area (TPA), examine current waste loads
and develop a cost basis for wastewater capacity. He stated in order to sell
wastewater capacity to LCSA for service within the Lower Sycolin Creek sewer
Town Council Work Session of April 23. 2007
Paqe 3
shed, expansion of the Town's Water Pollution Control facility to 10 MGD
would be required; however, a part of that cost could be offset by an
agreement with LCSA. Further, he stated the Town will be required to
upgrade the plant for enhanced nutrient removal (ENR) in the near future and
a portion of this cost could also be offset by an agreement with LCSA.
Council Member Burk asked if this is a financially positive endeavor for
the Town.
Mr. Shoemaker stated unless there is an unanticipated annexation of a
large portion of land that has not been discussed; this could be positive for
the Town in that we could recover approximately $15 million of our
investment and 25 percent of the ENR cost.
Council Member Burk verified if we entered into this agreement,
LCSA's lines would not have to cross Goose Creek. She expressed concern
that this may open the door for large developments.
Vice Mayor Horne stated we would be opening the door for large
development and would not have any control unless we annex the area. She
stated one positive outcome of this deal is that we would gain $15 million of
our original investment and asked if there are any other positive aspects to
this deal.
Mr. Shoemaker stated this agreement would resolve the situation in
the Lower Sycolin Creek Sewer Shed and secure our waste load allocation for
nitrogen and phosphorus. He stated the Town's consultant does not feel it is
necessary to expand the plant to 10 million gallons per day unless we service
the entire JLMA. Further, he stated the only downside is negotiating the
agreement.
Vice Mayor Horne asked if the Loudoun County Board of Supervisors
would be required to endorse an agreement.
Mr. Wells stated the LCSA is a separate authority. He stated the
question is to what degree does Council want to provide utilities beyond the
annexation boundaries and be a part of development of the transition area.
Council Member Martinez asked how annexation would effect these
negotiations.
Mr. Shoemaker stated that would involve the Board as they direct
LCSA's service area.
Mr. Wells stated none of the areas being considered for annexation are
outside of our planned service area.
Council Member Martinez asked if we would be enabling more growth
in this area by entering into an agreement with LCSA.
Mr. Wells stated the Board has identified LCSA as the provider in the
transition area and this agreement probably would not promote development
beyond what might already occur.
Town Council Work Session of April 23. 2007
Page 4
Council Member Martinez stated he would welcome a partnership with
LCSA to avoid the installation of two systems; however, it may give the
appearance that we are supporting development in this area.
Council Member Wright asked what assumptions were used in the
study of the transition area.
Mr. Shoemaker stated the assumptions were provided by LCSA, which
were developed with the 2,500 homes for Ridgewater.
Council Member Wright stated if this agreement is approved we would
spend $27 million in new money to expand the plant to 10 MGD and upgrade
to the ENR and would receive $32 million including the $15 million credit for
capital costs already incurred.
Mr. Shoemaker stated we have not negotiated the wholesale rate for
sewer capacity with LSCA.
Council Member Wright stated he would like to know what the rate
would be before the agreement is drafted. Further, he verified if we elect to
enter into this agreement we will have adequate capacity for the Town and
future annexation of the JLMA.
Council Member Reid asked the Town's costs associated with the
upgrade to ENR and how we would pay our share.
Mr. Shoemaker stated the Town will pay $8.5 million of the $11 million
cost through bond funding.
Council Member Reid asked if the contract can stipulate that LCSA use
the capacity only for existing development.
Ms. Beach stated this would be a voluntary contract that could be
negotiated.
Council Member Wright stated it would be used for wherever their pipe
is run.
Council Member Reid stated he had thought this was a win/win
agreement; however, it seems to be a way to benefit Peterson Companies
and Ridgewater Park. He stated unless we can see a way to generate
revenue or lower available rates it is not a good deal.
Mayor Umstattd expressed her concern that this agreement would
enable development in areas we do not want developed. She asked if the
wholesale prices would be cheaper than what we charge our residents.
Mr. Shoemaker stated the wholesale cost is actual treatment cost for
the metered sewage plus the operations cost. He stated it may be less than
our current in-Town user fee.
Mayor Umstattd stated some of our citizens have expressed concern
regarding LCSA's motivations for this agreement. She stated given the
Town Council Work Session of April 23. 2007
Page 5
redevelopment of the Crescent District in Town and the potential for
annexation it is her opinion that we may need all of our capacity for our own
residents.
After further discussion it was the consensus of Council to wait for
further information before taking a vote on this issue.
b. Crosstrail Update
Mr. Wells stated the Loudoun County Transportation and Land Use
Committee met this afternoon and voted to forward the Crosstrail application
to the Board of Supervisors meeting on May 15 with no recommendation. He
stated there were a number of discussion points regarding road
improvements, utilities, and development mix. Further, he stated Council
has the opportunity to speak at the meetings on May 1 and 15 or to send a
more formal response in writing.
Council Member Reid stated his concern that the developer negotiated
a proffer with County staff to build four lanes of Sycolin Road to the county
line in lieu of a cash proffer that could have been used for the Sycolin Flyover
or Battlefield Parkway. He expressed concern with the phasing of the proffer
and stated he met with Jeff Saxe regarding his concerns. Further, he asked
Council's support in sending a letter to the County regarding this issue.
Mayor Umstattd stated she would support sending a letter to the
County.
Council Member Wright expressed concern that there may be further
revisions to the proffers before the May 15 meeting and suggested waiting to
send a letter after the Council meeting on May 8.
Council Member Burk expressed support for voting on a letter
tomorrow night. Further, she asked that the letter address the developer's
plan to sell the airport expansion property to the Town at fair market
appraised value.
Vice Mayor Horne expressed her concern regarding the encumbrance
issue on the airport property. Further, she supported the request to vote on
a letter tomorrow night.
After further discussion it was the consensus of Council to vote on a
letter to the County tomorrow night.
c. AADP Update
Council Member Martinez asked for Council's authorization to present a
plan to the AADP Committee requesting that the Town annex the primary
annexation area in the south east and extend the Leesburg Joint Policy Area
(UPA) to Goose Creek.
Council Member Wright stated other areas highlighted included the
O'Connor property, undeveloped property adjacent to Battlefield Parkway and
Edwards Ferry Road, and other properties south of Town that could be
brought in by Boundary Line Adjustment with the agreement of the property
Town Council Work Session of April 23. 2007
Page 6
owners. Further he stated the UPA would remain as an area where the Town
has input, but would not support development.
Council Member Martinez stated there is a church property along Route
15 near Woodlea that should be brought in to the Town through a Boundary
Line Adjustment.
Mayor Umstattd asked if there is a timeline to report back to the
Committee. She questioned whether Council would want to conduct a cost
study if a majority of Council agrees with the primary annexation goal.
Council Member Wright requested a vote of Council to determine if
there is majority interest. He stated if there is majority support then the
facts would be gathered at the Committee level.
Council Member Martinez expressed the need to ensure the process is
open to the public.
Vice Mayor Horne stated this is following a logical series of steps as
this is an area that Council has identified for a long time as an area for
economic development. She applauded Council Members Martinez and
Wright's efforts to proceed carefully and ensuring the process is open to the
public. Further, she expressed the need to look at this as a long term benefit
and not get caught up in the bottom line.
Mayor Umstattd expressed her continuing concern of annexation and
stated the Board continues to oppose the annexation of this area. She stated
if this property does come into the Town and is developed as commercial the
residents in Kincaid and Tavistock will not want office buildings in their back
yards. Further, she stated people want this property left undeveloped or low
density residential.
Council Member Reid stated he lives in Tavistock and the residents
would prefer that the Town have control over this area. He stated he is
confident that the Town will do a better job than the County.
d. Disclosure procedures for task force members
Mayor Umstattd stated it appears some of the task forces created by
Commissions and are not known to Council, some are not posting their
meetings as required by the Freedom of Information Act (FOIA) and it makes
it difficult to know who Council is speaking with if there are no disclosure
requirements. She stated she would like staff to draft an ordinance requiring
minimal disclosure of real estate holdings or interests in Town for anyone
serving on a commission or task force who discusses real estate actions in
Town.
Council Member Wright concurred with Mayor Umstattd's comments.
He stated the FOIA regulations are easy as he and Council Member Martinez
need to post an AADP discussion between the two of them as they are a
subcommittee. Further, he stated the Planning Commission members are
required to complete a one page real estate disclosure form, which would be
simple for Commission and Task Force members to complete.
Town Council Work Session of April 23. 2007
Paqe 7
Council Member Reid thanked Mayor Umstattd for addressing this
issue as there are a number of subcommittees from the Economic
Development and Arts Commissions.
Ms. Beach stated she would like to bring Council information tomorrow
night regarding disclosure requirements for localities around the State.
Council Member Burk how this would be carried out.
Council Member Wright stated if we have a task force who is willfully in
violation of FOIA they should be disbanded. If there is a Commission Member
who is willfully violating FOIA that constitutes malfeasance.
There was further discussion regarding reporting requirements and
FOIA.
It was the consensus of Council to direct staff to advertise a public
hearing on this issue.
e. Update on new transportation legislation
Nicole Ard stated staff has provided Council with a series of summaries
regarding House Bill 32-02 and offered to answer questions.
Council Member Martinez stated the summary indicates the Town will
not be required to increase taxes or fees; however, we have to have an Urban
Development Area. He asked if this would include our Joint Land Management
Area.
Jim Chandler stated the Urban Development Area would not be in the
JLMA; however, it would fall within the confines of some of the comprehensive
zoning districts we have designated.
Council Member Martinez asked if all of the required tax increases
would have to be approved by the County.
Mr. Chandler stated the bulk of the increases would be approved by
the Northern Virginia Transportation Association (NVTA).
Council Member Martinez expressed concern that the Town's residents
will be required to pay additional taxes and fees imposed by the County and
the NVTA, but will have no voice in how the funding is allocated.
Mr. Chandler stated there is a distribution formula in the legislation;
however, it is not clear how much the Town will receive.
Ms. Ard stated there are three optional taxes that the County could
impose.
Council Member Martinez asked how many cities that are members of
NVTA are the same size or smaller than Leesburg.
Mr. Chandler stated the City of Alexandra is the only city larger than
Leesburg.
Town Council Work Session of April 23. 2007
Paae 8
Council Member Wright stated when these commercial tax districts are
created the developer passes the tax burden on to their tenants. He stated if
these optional taxes are not implemented throughout the region, then it
becomes a disincentive to do business in certain areas.
Council Member Reid stated he atten'ded the NVTA meeting on April 12
and stated in his notes it says 20 percent of the funds must go back to the
Towns and Cities for street maintenance.
Mr. Chandler stated his legislative review indicates there is discussion
of jurisdictions being exempt if they do maintain their own roads.
Council Member Reid stated he has spoken about this legislation with
Mayor Lazaro from Purcellville and it seems the County may go to court to
stop this. He stated the steps for implementation do not mention the NVTA
Advisory Commission indicated in the legislation which must include the five
largest Towns in the Northern Virginia Area. Further, he stated there will be a
public comment session held on May 10 and he would be happy to mention
this issue at that meeting.
Vice Mayor Horne stated there is a requirement that six of the nine
jurisdictions have to agree to implement the fee structure and if Loudoun is
opposed does that affect our ability to receive funding.
Mr. Chandler stated we are still reviewing the legislation; however, it is
his understanding that if six of the nine localities vote to approve the fee
structure it will be imposed on all localities regardless of how they vote.
Mr. Wells stated there are two tiers of taxes including the NVTA fee
structure and the optional local taxes.
Mayor Umstattd stated Council could vote at the meeting on May 8 to
provide formal input for the meeting on May 10.
f. Uniform design standards for the installation of traffic signals
and pedestrian crossings in the Old and Historic District
Annie McDonald stated staff will have a formal presentation tomorrow
night.
Council Member Wright asked that the presentation address how these
guidelines differ from other lights approved by the Board of Architectural
Review (BAR).
Council Member Reid expressed the concern of a citizen on Memorial
Drive regarding the pedestrian signal in that area.
Ms. McDonald stated the BAR's authority only covers the aesthetics of
the signals.
Mr. Wells stated the Standing Residential Traffic Committee did look at
the area and Chairman Liz Whiting asked that the issue be placed on the
agenda for the first meeting in May.
Town Council Work Session of Aoril 23. 2007
Paqe 9
g. Update on status of DCSM review
Tom Mason outlined the three categories of revisions including, (1)
water and sanitary sewer regulations, (2) amendments to the storm drainage
and the addition of Chapter 21 to the Town Code, and (3) storm drainage
issues, transportation, planting and vegetation standards and requirements
for construction drawings.
Council Member Wright stated in our charter we have the ability to
adopt technical standards and asked if that would assist us in streamlining the
process.
Ms. Beach stated the requirements in the DCSM are not international
requirements.
h. Nominating members to VML Policy Committees
Mayor Umstattd stated currently Vice Mayor Horne serves on the
General Law Committee, Council Member Hammier serves on the Finance
Committee, and Council Member Burk serves on the Transportation
Committee. She stated we can nominate up to two members for each
Committee. Further, she stated the other committees include Environmental
Quality Committee and Human Development and Education Committee.
Council Member Burk stated she would rather serve on the
Environmental Quality Committee.
Vice Mayor Horne expressed a desire to continuing her service on the
General Laws Committee.
After further discussion it was decided that Council Members Reid and
Martinez will serve on the Transportation Committee, Vice Mayor Horne will
serve on the General Laws Committee, Council Members Hammier and Wright
will serve on the Finance Committee and Council Member Burk will serve on
the Environmental Quality Committee.
4. For information only:
Preview Topics for May 7, 2007:
a. Regulations regarding overcrowded residences
There was no discussion of this item.
b. Zoning Ordinance regulations regarding temporary uses
Mayor Umstattd asked staff to provide background on our ordinances
that require permits for canopies or tents at grand openings, balloons or
sandwich board signs.
Council Member Wright stated he would like updates on regulations
pertaining to balloons over all.
c. Dog Park
There was no discussion of this item.
d. Oaklawn Rezoning after action report
There was no discussion of this item.
Town Council Work Session of Aoril 23. 2007
Page 10
e. Zoning Ordinance Update
There was no discussion of this item.
New Business
a. Northern Virginia Transportation Authority
Council Member Martinez stated the NVTA will hold a meeting
Thursday morning in Fairfax.
Mr. Chandler stated this is a meeting of the Interim Technical
Committee which he has been attending for a year.
b. Virginia Municipal League Town Section Meetings
Council Member Reid stated he received a letter stating in May the
Virginia Municipal League will hold Town Section meetings at various locations
around the state.
Ms. Ard stated the Town Section meetings provide an opportunity to
update elected officials or staff on action taken during the General Assembly's
session.
c. Items for Discussion Tomorrow Night
Mayor Umstattd stated there is a proclamation in the packet for the
National Day of Prayer.
Council Member Burk asked that staff provide an update on the
Loudoun Street Task Force.
Mayor Umstattd stated there is a resolution in the packet for Council's
consideration regarding outreach to the Korean American Community. She
stated she has spoken with Jay Banks regarding the establishment of a
memorial grove in honor of the victims of the Virginia Tech tragedy or other
tragedies and will bring that forward for a vote tomorrow night.
Council Member Martinez asked that the outreach resolution to the
Korean American community also include a reaffirmation of our Sister City
relationship with SamCheok, Korea.
Adjournment
On a motion by Council Member Martinez, seconded by Council Member
Wright, the meeting adjourned at 10:29 p.m.
td. a~
lerk of Council
2007 _tcwsmin0423