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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