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HomeMy Public PortalAbout2007_07_23 Council Work Session July 23, 2007 Council Chambers, 25 West Market Street, 7:50 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, Chief of Police Joe Price, Director of Planning Zoning and Development Susan Swift, Director of Engineering and Public Works Tom Mason, Director of Capital Projects Management Nagi Elsewaissi, Deputy Director of Utilities Aref Etemadi, Water Pollution Contro Plant Manager Steve Cawthron, Chief of Comprehensive Planning David Fuller, Chief of Engineering Bill Ackman, Tourism and Marketing Manager Marantha Edwards, Downtown Coordinator Lisa Capraro, Senior Engineer Asghar Pariroo, Senior Planner Scott Parker, Senior Planner Jason Beske, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS 6:30 p.m. Briefing - Urban Land Institute - Ed MeMann Mr. Ed MeMann, Urban Land Institute, discussed the possibilities for revitalizing an aging commercial strip and make it a place. He outlined the keys to sustainability including green buildings, mixed uses, walkability and planning for the future. Further, he provided several examples of how good design standards and form based codes can work to the advantage of a community. 1. Questions on Tuesday Agenda Items Council Meeting of July 24, 2007 There was no discussion of these items. 2. Work Session Items for Discussion a~ Crosstrail Update John Wells stated staff has drafted a letter to the Board of Supervisors acknowledging the Crosstrail vote. There was no Council discussion of this item. b. Awarding the design and engineering services contract for the Lower Sycolin Sewer Conveyance System to Dewberry & Davis, LLC Mr. Wells stated this item was put on hold over a year ago pending the County's designation of the Town as the utilities provider in this area. Council Member Reid stated during the Crosstrail discussions two Supervisors stated we as a Town had not definitively decided to provide water and sewer; however, in 2005 Council passed aresolution approving the extension of water and sewer. Town Council Work Session of July 23. 2007 Page 2 Mr. Wells stated all of our planning documents identify the Lower Sycolin Sewer Shed as an area where we wish to provide utilities and Council took a specific vote to provide utilities to Bolen Park as a park within the last few years. He stated the reason this item was originally pulled from the agenda was because it would not make financial sense to build this system if we were not going to be allowed to serve the Crosstrail property. Council Member Reid suggested mentioning in the proposed letter that we are pleased to provide utilities to the Bolen Park property. Council Member Wright stated if we are to mention utilities we should thank them for confirming the Town as the provider of water and sewer to this area and inform them that we have taken action to commence with design of the system. c. AADP Update Council Member Wright stated there was a briefing at the last meeting regarding the steps toward annexation and the requirements. He stated staff is working to provide a timetabie for annexation and information regarding the associated costs for the next Committee meeting. Further, he stated when the Iines were drawn for the map it was discovered that it runs through the Luck Stone property so there is continued discussion about whether the line should be moved to include the entire property. Council Member Martinez asked the anticipation of the Luck Stone property. Council Member Wright stated the County feit we could get business taxes from the property and there is the possibility of the use flipping in the future as they have a 20-year permit. Council Member Burk asked what happened af ter the discussion with the out-of- Town water rate Iitigants. Council Member Wright stated it was alistening session for us to hear and understand their concerns. He stated all of the impacted HOAs attended the meeting and it was helpful to hear the day-to-day concerns. Further, he stated no one advocated for elimination of the surcharge, they simply feel the current surcharge is excessive. Vice Mayor Horne asked if the Committee is coming back with any specific requests of Council. Council Member Wright stated after the Committee has the opportunity to review the timeline we will come back in September to endorse the next steps. d. County Government Water Rate Mr. Wells stated some members of the Loudoun County Board of Supervisors indicated County facilities located outside the Town were bei ng charged the out-of-Town surcharge. He stated staff has drafted a motion for Council's consideration to have the Utility Rate Advisory Committee review the issue and provide a recommendation. Town Council Work Session of Julv 23. 2007 Page 3 Council Member Burk questioned if a referral to the Committee would meet the Board's request or if they will feel that this is taking too long. Vice Mayor Horne expressed concern that the Board will feel we are trying to delay action. She verified the County waives tipping what kind of tipping fees for the Town resuiting in a savings of approximately $150,000 per year. Mr. Wells stated they also waive tipping fees for the other incorporated Towns, the Virginia Department of Transportation (VDOT) and non-profit organizations. Mayor Umstattd stated if we are to do a full study of this issue we should also look at the fees we waive for any County projects in Leesburg. Council Member Hammier stated the issue of water rates is short-term as we are considering plans to bring this property into the Town. Mr. Wells stated as the AADP Committee begins to look at the outline of how they will approach annexation we will begin looking at conditions which is where this discussion may fit in. Council Member Hammier suggested the motion for tomorrow night mention the AADP Committee is working and we will eventually get to a no surcharge situation because the property will be brought into the Town. Council Member Wright expressed concern that the County may be looking for a more immediate answer. He asked if a separate rate could be created for out-of- Town government customers. Ms. Beach stated the State Code dictates the type of rate classes we are allowed to establish for utilities and she needs time to research the issue. Council Member Reid asked if it would be possible to have the Utility Rate Advisory Committee look at a government and non-profit rate. Council Member Martinez stated we should always look at ways to help non-profit agencies; however, this is a government versus government issue and the non-profit rates could be discussed later on. Council Member Wright stated the Utility Fund is an enterprise fund and we have a fiduciary responsibility to protect it. Mayor Umstattd stated homeowner's associations are non-profits and would need to be considered in discussion of a separate rate. Further, she discussed the private streets in River Creek and wondered if they have been so opposed to annexation because they feel there is Iittle benefit. Council Member Wright stated the residents of River Creek are concerned the annexation scenario would not be revenue neutral. Further, he stated the situation may change if we receive city status. Town Council Work Session of Julv 23. 2007 Paqe 4 Council Member Martinez verified if brought in to the Town, River Creek could continue to operate as a c10sed community and asked if they would pay the same in taxes. Ms. Beach stated there are certain provisions of the State Code that allow you to have credits and others that require a flat rate. Mayor Umstattd stated even if it were legal to give one community a tax break she would not support it. e. Approving Virginia Power Right-Of-Way Agreement for Utility Lines Maintenance Building project and authorizing the Town Manager to execute this agreement Ms. Beach stated this is not a typical agreement as Virginia Dominion Power worked with us on several changes to the right-of-way agreement to accommodate the Town's needs. She stated it a standard agreement in the sense that it is something Council would normally authorize the Town Manager to sign. f. Establishing a policy for the use and Iicensing for the Leesburg star logo Mr. Wells stated the remaining questions from the last discussion are do we wish to license the star logo and if so do we wish to charge a fee. He stated there was a question as to whether or not the logo is already in the public domain and staff feels this is still a licensable logo. Council Member Burk stated she has spoken with some of the businesses and found that they would rather pay a flat fee for use of the logo. Vice Mayor Horne stated she would support the flat fee. She expressed concern with the Iiability insurance requirement for licensees. Ms. Beach stated if a product causes harm to someone we do not want to be sued because our logo is on the product. Vice Mayor Horne stated most businesses carry liability insurance; however, it seems onerous to require that as part of a Iicensing agreement. Mayor Umstattd suggested adding an indemnification clause to the Iicensing agreement. Ms. Beach stated she did not require anything in this agreement that is not required by other jurisdiction; however, this is a business decision of the Town Council. Further, she stated we could ask to be listed as additional insured on their policy which would not incur an additional cost. Council Member Wright stated he does not agree with licensing the logo as he feels we will spend more time and effort from internal resources than we will get out of it. Further, he stated if we are going to move forward with the flat fee we should create a tiered structure as there will be varying user volumes. Town Council Work Session of Julv 23. 2007 Paqe 5 Council Member Reid stated this will not bring a return and he plans to vote against it. Mr. Wells stated it seems a flat rate with one or two tiers would be appropriate. Further, he stated staff will advertise for the public hearing. g. Leesburg's First Friday Update Marantha Edwards stated staff met with representatives from the Loudoun Arts Council, Downtown Business Association, and Crossroads. She stated a consensus was reached to work on a business plan cooperatively to continue the program as it is today while working on a separate plan to improve the program and apply for grant funding. Vice Mayor Horne stated this is a great event that has generated great enthusiasm over the years. She stated the event could use a shot of energy and we do need to create a sustainable support system for this program. Council Member Hammier asked if there is still a request for funding from the Town. Ms. Edwards stated the funding request would be addressed once the business plan is complete. Council Member Wright stated it is important that the energy comes from the downtown and that the business owners move forward with this with the Town in a support role. Council Member Reid stated these economic development proposals should be vetted by the Economic Development Commission before coming to Council. He expressed concern that this will consume staff time. Vice Mayor Horne stated the First Friday program was an initiative of the Loudoun Arts Council and it was only at our request that the Economic Development staff were engaged to bring these parties together. h. Leesburg Voting Precincts/Polling Places Ms. Beach stated we need to schedule a public hearing and once passed the documentation will be sent to the Justice Department for a sixty day review. She stated the County's decision will allow the polling places to be changed for the November election and our changes will be in effect for the Town elections in May. Council Member Reid asked if the Woodlea Manor subdivision is being divided into two districts. Vice Mayor Horne stated she questioned that decision two weeks ago and was told that the districts are drawn with geographic boundaries rather than streets. Council Member Reid stated the Council should consult with incorporated Towns before approving these changes. Town Council Work Session of Julv 23. 2007 Page 6 i. Authorizing staff to continue with the mosquito control plan at Town owned facilities in response to West Nile Virus on an annual basis Aref Etemadi stated a new purehase order had to be issued at the beginning of Fiscal Year 2008 for continuation of this program. Vice Mayor Horne verified the co st would be under $100,000. Council Member Wright verified this was included in the budget. Council Member Reid stated the staff report indicates Loudoun County spends $300,000 just for the eastern part of the County and asked why the cost is so high for the Town. Mr. Etemadi stated we have a number of facilities to spray in addition to the storm drains. He stated VDOT handles the spraying for the County's storm drains. Mayor Umstattd stated we continue as a rider on the Fairfax County contract and asked if we have an estimate on the savings. Mr. Etemadi stated we have not solicited a separate bid. Mr. Wells stated the rider on the Fairfax County contract allows us to receive a volume discount. 3. For information only: Preview Topics for August 13, 2007: There was no Council discussion of the following items: a. Overcrowding Code Amendment b. Awarding the South Apron Construction Contract c. Awarding the Airport Construction Management Continuing Services Contract d. Potomac Crossing Park e. Deed of Easement for Virginia Power and Washington Gas for Ida Lee Tennis Center f. Loudoun Street Project Update g. Fiscal Model Presentation h. Liberty Street Lot Development New Business a. Items for consideration at the August 13 Work Session Council Member Reid mentioned several items for discussion at the next Worksession including requesting that VDOT add "Leesburg" to the sign for exit 45A off the Beltway, requesting an update from VDOT on the status of paving Sycolin Road and examining all of the approaches to Leesburg for safety, a staff report on whether the Council can teil the Police Department not to enforce the abusive drive fees as Front Royal has done. Town Council Work Session of July 23. 2007 Page 7 b. Appointments to the Utility Rate Advisory Committee Council Member Hammier stated she will be nominating Kathleen Whitmore Castro for appointment to the Committee tomorrow night. Council Member Burk stated she will also be nominating Joel Eacker for appointment to the Committee. Council Member Wright stated he will be nominating Gigi Robinson. Vice Mayor Horne state she will be nominating Richard Lanham. Mayor Umstattd stated she will be nominating John Drury. c. Stream Day Council Member Burk stated the Environmental Advisory Commission has requested that Council pass a proclamation for Stream Day in September. Adjournment On a motion by Council Member Wright, seconded by Council Member Martinez, the meeting adjourned at 9:03 p.m. 2007 _tcwsmin0723