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HomeMy Public PortalAbout2007_06_11 Council Work Session June 11, 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, Deputy Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Planning Zoning and Development Susan Swift, Director of Economic Development Betsy Fields, Director of Engineering and Public Works Tom Mason, Director of Utilities Randy Shoemaker, Director of Capital Projects Management Nagi Elsewaissi, Airport Director Tim Deike, Transportation Planner Jim Chandler, Senior Planner Scott Parker, Tourism Coordinator Marantha Edwards, Law Clerk Heather Cawthron, Law Clerk Patrice Mejias, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS 1. Questions on Tuesday Agenda Items Council Meeting of June 12, 2007 Council Member Wright asked a question regarding the downtown streetlight Town/Virginia Department of Transportation agreement. He stated a comment was made in the staff report that the actual cost of the project is higher because we have added conduit for future undergrounding. He asked if the cost is going forward at the higher cost. John Wells stated staff's intention is to add the cost of the conduit onto the project and pursue grants to fund the undergrounding of the utility lines. Mayor Umstattd recognized Law Clerks Heather Cawthron and Patrice Mejias who will be working with the Town Attorney's office for the summer. 2. Work Session Items for Discussion a. Amending and reordaining Article I (General) of Chapter 2 (Administration) by adding a new Section 2-9 (Conflict of Interest) to the Code of the Town of Leesburg, Virginia, 1976, as amended Mr. Wells stated at the last Council meeting there was discussion of creating an acknowledgment form with signature for completion by the board, commission, committee and task force members. He stated staff has drafted this form for Council's consideration. Further, he stated the implementation of the acknowledgement form could be adopted by resolution as opposed to completion of the State forms which would require an ordinance amendment. Mayor Umstattd requested that Council vote tomorrow on whether to include a disclosure of real estate holdings. She stated there have been articles in the Washington Post regarding potential conflicts of interest at the Board of Supervisors level which seem to be dealing with real estate. Further, she stated there are a number of projects in the approval process or Town Council Work Session of June 11. 2007 Page 2 under construction in Town and it would be beneficial to know the outside interests of our volunteers. Council Member Reid stated members of Council, the Planning Commission and Board of Architectural Review are charged with making decisions; whereas the other groups are advisory. He stated the most appropriate way to address the situation is through education. Council Member Wright stated he is comfortable with the resolution as we need to focus on education efforts regarding the Freedom of Information Act (FOIA) and Conflict of Interest Act (COlA). Council Member Hammier expressed support for the education process. She suggested Council Members should take full responsibility for those we appoint. Further, she stated it is incumbent upon us to understand where our appointees have conflicts and to take an active and continual role in education. Council Member Martinez expressed support for education efforts regarding FOIA and COlA. He stated he has received feedback that enacting this type of resolution will discourage many of our volunteers. Vice Mayor Horne stated we have come a long way from the invasive proposal that was before us and she can support the education of our commissioners, task force members and others who volunteer a significant amount of time for this community. She stated we do not need to ask evasive questions regarding real estate holdings. Council Member Burk stated she will support the resolution; however, she concurs with the Mayor's comments that there should be a section dealing with real estate disclosure. She stated real estate holdings are public information and therefore not invasive. Further, she stated this will put the information on the record to protect the Council and the volunteers. b. Town Association Resolution Mayor Umstattd stated the Towns of Herndon, Vienna, Purcellville, Leesburg, Lovettsville, Dumfries, Haymarket and Clifton decided it would be a good idea for Mayors and Town Managers to meet on a quarterly basis to press a common agenda for transportation and possibly other issues. She requested Council's support to proceed with this association. Council Member Burk verified topics other than transportation will be discussed. Vice Mayor Horne stated this is a great idea and she commended everyone involved. Council Member Hammier requested notification of meetings and a summary of the discussions. c. Crosstrail Update Mayor Umstattd stated as there is great interest in serving on the Town Council Work Session of June 11. 2007 Paqe 3 three person committee and recommended that every member of Council be appointed to the Committee and that they attend as their schedule allows. She stated the proposed meeting date is June 28. Mr. Wells stated on June 19 the Board of Supervisors will take up separately the issue of water provision to the Crosstrail project and the Lower Sycolin Watershed. He stated last Wednesday the Airport Commission met to discuss the Crosstrail project follow-up and a summery has been provided to Council. Council Member Reid stated the Airport Commission had proposed a suggestion to have lead individuals to deal with specific items. Council Member Hammier stated she received a call from Mike Banzhaf who mentioned a productive meeting with Mr. Boykin relative to feeling like we could work through some important issues. Dennis Boykin, Airport Commission Chairman, outlined his discussion with Mr. Banzhaf after a recent Board of Supervisors meeting. He stated going in to this meeting with the Board of Supervisors it would be more balanced to send three people and have each hit on one particular area of concern. Council Member Burk stated the latest proffers proposed show 18 acres set aside for the airport as opposed to the 40 acres requested. She asked if the proffer is more restrictive than previous drafts. Mr. Boykin stated the language is more restrictive. He stated during his meeting he learned that Mr. Banzhaf had personally written the encumbrance language on the proffer without additional input. Council Member Wright stated he sent an email to Mr. Banzhaf regarding the revised airport proffers and received a response stating it was not any more of an encumbrance because it was simply calling for compliance with the County Zoning Ordinance. He stated he responded that once the property was purchased by the Town it would be brought into our boundaries and would fall under our ordinances. Vice Mayor Horne suggested that Council appoint three individuals and allow all Council Members to attend and ask questions if they desire. She suggested Council Members Martinez and Wright as they are the Council's AADP Committee representatives and volunteered herself as the third appointee. Council Member Martinez expressed his appreciation for our strong and dedicated Airport Commission. Council Member Hammier stated this is the first time that she has heard a willingness from the County to allow this property to be brought into the Town, similar to what was done when Herndon annexed the Worldgate property after the zoning was approved. She stated it is important to discuss where and if we are willing to compromise on items. Further, she stated the central issue is that the Town retain the rights to provide water and sewer Town Council Work Session of June 11. 2007 Paqe 4 and to identify the cost savings to the applicant that can be applied to road improvements. Council Member Wright stated he appreciates the Board's willingness to further consider the issues and to come to the table to discuss the application with the applicant and the Town. He stated he appreciated Supervisor Water's motion to reaffirm the Town's position as the supplier of water and sewer in the Joint Land Management Area (JLMA). Further, he stated it is his understanding that the joint sewer system was to assist the Loudoun County Sanitation Authority (LCSA) in the event that they had to provide service to the Transition Policy Area, which is not relevant to our service of the JLMA. Randy Shoemaker verified Council Member Wright's statement regarding the joint sewer system. Council Member Wright stated the other concern is that the County does not want to pay twice as much for their water and sewer; however, we are still in litigation. He stated we need to keep the discussions positive by stating that we are working on a Utility Rate Advisory Committee and expect to have that report in October. Further, he stated it has always been contemplated that the County facilities would be brought into the Town, therefore it is a non-issue. Council Member Reid expressed his support for Crosstrail being an aviation community. He concurred with Vice Mayor Horne's comments stating the AADP Committee representatives should lead the discussion at this joint meeting. Mayor Umstattd stated she continues to think a committee of seven is the best arrangement for this meeting. She stated we need to establish whether County staff continues to believe it would be problematic to develop Bolen Park under Town ordinances. There was further discussion of this item and the upcoming joint meeting with Loudoun County. Mr. Boykin thanked Council for their support of the Airport's position on this application. Council Member Hammier stated for the record that she did not support the way things were handled with the County regarding the CPAM for the Crosstrail property. She stated the initial failure was we did not have the opportunity to jointly plan that area. Further, she stated it is critical that the residents stay involved. Mayor Umstattd concurred with Council Members Martinez and Hammier's comments that we need to keep faith with the citizens. She stated we asked them to get involved and they supported our arguments. d. Economic Development Department Priorities Mr. Wells identified the priorities established at the Joint Town Council Town Council Work Session of June 11. 2007 Page 5 and Economic Development Commission (EDe) meeting as follows: (1) streamlining and simplifying the development regulatory process, (2) looking at ombudsmen services, providing public infrastructure investments, (3) increasing outreach to the Town's businesses on a Town-wide basis, (4) increasing efforts to attract and grow new businesses, and (6) continuing support, but somewhat reducing efforts in the downtown to look at a more broader approach. He stated staff is looking for affirmation that these are the priorities Council wishes to pursue and will then send this information to the Economic Development Commission for further analysis. Council Member Burk stated our EDC has put their strategy together based on the direction provided by Council. She stated they have had tasks completed and added and she does not see the reason for changing the direction. Further, she stated it is not the government's business to ensure that businesses succeed; rather we should focus on setting an environment that is positive and supportive. Vice Mayor Horne stated there are things the Town can do to facilitate the process of getting a business up and running and into available space and she appreciates the proactive ombudsmen role reflected in the priorities. She stated while funding has been removed from our previous holiday efforts, it is her hope that there are other organizations working with the downtown businesses to attract shoppers during the holidays. Further, she stated we pull our economic development staff in so many directions and helping them focus their efforts, time and renaming the downtown coordinator position is a healthy thing. Council Member Martinez stated he recalls Council's trip to Stanton and that serves as his model as they had the vision, stuck to it and looked for creative ways to finance their investments in the Town. He stated that was one of the reasons he was supportive of the joint meeting with the EDC to determine what direction the Town wants to follow. Further, he expressed support for Stanley Caulkins' recommendation at the joint meeting that we allow the citizens to decide whether or not we want to invest in the Town. Council Member Hammier stated there are a couple of key parcels left in Town and we have not taken proactive steps regarding JR Festival Lakes or Meadowbrook. She stated it is time to look forward to getting citizens input about what we want in those parcels. Further, she stated in a couple of weeks we are going to come back with an enormous boost, and be very focused in terms of what we can accomplish. Council Member Wright thanked Ms. Fields and staff for their report. He commented on the updated business development strategy matrix and stated if this is the direction we want to go, we should endorse the document and allow the Economic Development Commission to move forward and provide Council with an update on their progress. Further, he stated we need to continue to focus on the ongoing ordinance review and revisions. Council Member Reid stated the matrix needs to include efforts regarding deregulation and streamlining the process. He stated he was surprised to see that the average site plan takes four or five submissions. Town Council Work Session of June 11. 2007 Page 6 Further, he stated many of the items listed in the matrix work around the issues and never get to the heart of the problem. There was further Council discussion of this issue. Mayor Umstattd stated one of the most interesting comments made was an observation that we spent $20 million on economic development efforts. She stated the best thing we can do to ensure businesses succeed is to eliminate the red tape. Further, she stated we have a lot of debt we are carrying as we have been doing a lot of infrastructure improvements and we do not have discretionary income to throw at new infrastructure projects. Ara Bagdasarian, Economic Development Commission Chairman, stated he is pleased to see there is broad consensus. He stated the Commission's perspective is that in order for Leesburg to end up in a certain place you need to have a clear indication of where you want to be. e. Comcast Utility Box Update Tami Watkins stated Dominion Virginia Power and Comcast have located another site on 406 Lacy Court and staff expects to hear from Dominion Virginia Power later this week for confirmation that this site is suitable for relocation. Mayor Umstattd expressed concern regarding moving the boxes from one residence to another. She verified the residents at 406 Lacy Count have been notified. Ms. Watkins stated the location is dictated by the location of a power source. Mayor Umstattd verified the residence at Lacy Court has a power source box located in their front and back yard. Vice Mayor Horne stated we need to push for an alternative design or the possibility of undergrounding the boxes. She suggested revisiting Council's policy on the location of these utility boxes. Ms. Beach stated Council has the power to control the appearance over what is placed in the easements including screening. Mayor Umstattd asked if we can put a description on the type of screening and can it be in keeping with what each homeowner might want or does it have to be uniform. Ms. Beach stated the screening has to be uniform in a category or class, but not specific. She stated the planning staff can come up with areas in which Council could have flexibility for communities to decide. Council Member Wright stated Comcast needs to understand that we need them to reengineer these boxes or develop another creative solution for the design or we will have to legislate one. Town Council Work Session of June 11. 2007 Page 7 Mayor Umstattd asked that this issue be referred to the Planning Commission to develop an ordinance. Ms. Beach stated the Town Council has the power to ask staff to have the developer give the utility easements to the Town so that we can issue the permissions to use to the utility companies and have more control over what is placed where. Council Member Wright asked that staff review that option before action is taken. f. CPAM - Update of the Loudoun County Transportation Plan Jim Chandler stated Loudoun County has been conducting their review of the Loudoun County Transportation Plan which was last updated in 2001. He presented a draft letter raising the concerns of staff regarding their most recent draft. Further, he stated staff plans to submit the letter at the Loudoun County Planning Commission meeting on June 18. Council Member Hammier asked to what extent Council can point out the linkage to zoning and densities that will make multi-modal transportation possible. She stated it seems we are on a continual path where subdivisions are created that necessitate daily car trips. Mr. Chandler stated we would be happy to add stronger language; however, the County has highlighted the concepts of increased transit options and HOV lanes on major corridors and additional bypasses for Hillsboro and Lucketts. Council Member Wright stated we spent time at the AADP meeting discussing Crosstrail Boulevard where the County's plan varies from the Town's. He stated it is also important to point out the need for County assistance in funding the last section of Battlefield Parkway. Council Member Reid stated if the County is going to consider adding a second Potomac River bridge crossing to Maryland to lead into the Leesburg Bypass, the Bypass must be completely upgraded to an expressway and widened to six lanes. He stated the trumpet interchange at the Greenway should be reconfigured. Further, he suggested supporting reversible express toll lanes on Route 7. Mayor Umstattd thanked Mr. Wells and Mr. Chandler for brining this information to Council and allowing members to comment. It was the consensus of Council to vote on this letter tomorrow night. g. Approving a gift to our Local National Guard Unit to waive Ida Lee Park Recreation Center rental fees Mayor Umstattd stated she was approached by Dennis Boykin regarding the VFW's desire to hold a farewell family picnic for the troops going to Iraq. Mr. Boykin stated a local church has' volunteered their facilities and kitchen for this event and he asked for the Town's assistance in acquiring Town Council Work Session of June 11. 2007 Paqe 8 tables and chairs for use during the lunch. He stated numerous restaurants and businesses have donated food and other items for the picnic. Mr. Wells stated staff has drafted a resolution for Council's consideration. Vice Mayor Horne stated she would appreciate information on how the public can help the families. Council thanked Mr. Boykin and the members of the VFW for their efforts. h. Council Strategic Planning Update Council Member Wright stated he would like to receive an update regarding the status of the last section of Battlefield Parkway. He stated he would also like to receive a report on the Downtown Market Study. 3. For information only: Preview Topics for June 25, 2007: a. Amended schedule of employee holidays There was no discussion of this item. b. Public Art Commission Report There was no discussion of this item. c. Amending the Town Code to establish a Utility Rate Advisory Committee - public hearing There was no discussion of this item. d. Passive Park agreement with Morven Park - public hearing There was no discussion of this item. e. AADP Map Follow-Up There was no discussion of this item. New Business a. Jerry's Leesburg Suzuki Council Member Burk stated it was brought to her attention that when this dealership opened at the request of the Town they were required to construct a retaining wall with plants on top. She stated they tapped into the waterline for their Chevrolet Dealership and installed a sprinkler system to maintain the plants. Further, she stated they did not realize that they were required to get a permit for the sprinkler system before its installation and have been charged $4,000 by the Town of Leesburg and asked Council to consider waiving the fee. Mayor Umstattd asked what steps would need to be taken to waive this fee. Mr. Wells stated he is working with Mr. Shoemaker on this item and will provide an update to Council once staff has had the opportunity to review the situation. Town Council Work Session of June 11. 2007 Page 9 b. Parking Violation Council Member Hammier stated Council received a letter from a visitor from Baton Rouge, Louisiana who had parked over the line and received a parking ticket while he was here. She stated the original purpose of the meters was to create an overturn in the parking versus allowing people who work downtown to park in these spots all day. Further, she stated for individuals not in that category we should have a policy of amnesty. Council Member Burk recommended sending a letter to this individual. Mr. Wells stated he has not had the opportunity to follow-up on the letter and asked to review the particulars of the incident and report back to Council on a recommended course of action. c. Eagle Scout Certificate Mayor Umstattd asked that a certificate be added to the agenda tomorrow night for Eagle Scout Tom Christensen. d. Downtown Flower Baskets Council Member Burk asked for an update on the status of the project to extend the flower baskets down the streets were businesses are located. Mr. Wells stated the plan is to hang the baskets on utility poles from Loudoun Street to Georgetown Park. He stated Dominion Virginia Power's permit process is lengthy and staff may need Council Members to assist in the approval. e. Leesburg Plaza Parking Council Member Martinez stated he has received complaints from business owners in the Leesburg Plaza Shopping Center who are concerned that there will not be adequate parking once Commerce Bank and the new restaurants are opened. Mr. Wells stated the current issue may be the large area of construction which has temporarily limited the number of parking spaces available. He stated he will report back to Council on this issue. Adjournment On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting adjourned at 10:08 p.m. u), tl tltd; erk of Council 2007 _tcwsmin0611