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HomeMy Public PortalAbout2007_09_10 Council Work Session September lO, 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 Finance Norm Butts, Director of Economic Development Betsy Fields, Director of Planning Zoning and Development Susan Swift, Director of Engineering and Public Works Tom Mason, Director of Capital projects Management Nagi Elsewaissi, Thomas Balch Library Director Alexandra Gressitt, Zoning Administrator Brian Boucher, Chief of Comprehensive Planning David Fuller, Transportation Engineer Calvin Grow, Tourism & Marketing Manager Marantha Edwards, and Deputy Clerk of Council Debi Parry. AGENDA ITEMS 1. Questions on Tuesday Agenda Items Council Meeting of September 10, 2007 a. Amending the Town Code to add Section 1-18 (Town Seal and Logo) - Public Hearing There was no Council discussion of this item. b. Cornwall Street Permit Parking from Memorial Drive to Liberty Street - Public Hearing There was no Council discussion of this item. c. Zon ing Ordinance Text Amendments TLOA-2007-0003 to implement certain objectives of the 2005 Town Plan and to update various sections - Public Hearing Council Member Reid asked if it is staff's intent to amend Section 9.4.3 at some point to allow one non-resident employee to work in a home-based business. Mr. Boucher stated staff is currently researching that request for the next batch of amendments. Mr. Boucher stated it does not make the process easier; however, it is more in line with what other jurisdictions do. Council Member Reid asked if there are any amendments coming to address comprehensive signs. Mr. Boucher stated the sign regulations are under review. Town Council Work Session of September 10. 2007 Page 2 Council Member Reid stated several individuals have received BAR approval for projects and their permits are about to expire. He asked if they could be grandfathered under the existing regulations. Mr. Boucher stated we are increasing the permit time to two years; therefore, as long as their permit has not expired when this ordinance goes into effect then their permit will be extended for one more year. Vice Mayor Horne expressed concern with the regulations pertaining to lawn care companies asking if that would affect teenagers who run a small lawn mowing business in their neighborhood. Mr. Boucher stated that would be prohibited as a home occupation under the current wording of the ordinance. He stated staff was looking to mitigate impacts of landscape businesses operating out of the home. Further, he stated staff would review that section. Ms. Beach stated the language could be amended to say "Iawn mowing services which employ more than one person" to exempt high school students. Council Member Burk stated she has received complaints from neighbors of self-employed landscapers who have no employees, but have equipment such as large lawn mowers and trailers in front of their homes. Mayor Umstattd stated it is important to hear from the public. Vice Mayor Horne asked why we are removing home based child care from the R-8 District. Mr. Boucher stated the R-8 District is town homes. He stated the Town has never approved a special exception for a home based child care center in a town home given the number of children and small lot sizes. Council Member Burk verified there are state law requirements regarding the size of the home. Vice Mayor Horne verified this does not prohibit home-based child care in town homes, rather it would limit the number of children allowed under Town regulations. d. Consent Agenda Items There was no Council discussion of this item. e. Making an appointment to the Environmental Advisory Commission There was no Council discussion of this item. 2. Work Session Items for Discussion a. FiscaiImpact Model for use by Town staff to evaluate the fiscal impact on the Town resuiting from proposed development projects Town Council Work Session of September 10. 2007 Page 3 Kathy Leidich introduced Julie Herlands of Tischler Bise to provide an over view of the model. She stated the next steps include modifying the model, creating the documentation and providing staff training. Julie Herlands provided an overview of the fiscal impact analysis looking at two trends, (1) the continuation of development trends consistent with existing zoning, and (2) modification of current trends reflecting development consistent with the Town Plan. She stated both scenarios provided similar results including net surpluses with the exception of the first two years and a few subsequent years of the projection period. Further, she stated the analysis concluded deficits will be generated if the Town funds 100 percent of road construction with no debt financing; however, the Town's goal of 55 percent of revenue from nonresidential development will be met under both scenarios. Council Member Burk asked if this can be used by staff to evaluate the costs of new development. Ms. Herlands stated she built a model to analyze the build out scenarios for the Town which will be modified to allow staff to use in analyzing various development applications. Council Member Burk asked if this could be used to support staff's proffer requests when a development proposal is submitted. Mr. Wells stated this was an initiative included in the Town Plan review. He stated this model can be used for Town Plan scenarios, developer proposals or analyzing the impacts of annexation. Vice Mayor Horne stated this model shows that growth can have a net positive outcome. She stated this is a good tooi to weigh and test various assumptions; however, the results can change by the way information is put into the model. Council Member Martinez thanked Ms. Herlands and staff for their efforts on this model. He requested a table of parameters to show Council how the data can be manipulated. Council Member Hammier thanked everyone involved in this project. She requested the Economic Development Commission and Planning Commission also receive this presentation and training. Further, she asked if it is possible to use this model to determine if city status would be beneficial. Mr. Wells stated the model as it sits assumes certain types of services. He stated if we were to look at city status we would have to modify the model to assume other types of services such as education and social services. Council Member Hammier stated ultimately this will be such an important tooi to assist in working towards a stabie and realistic future. Council Member Wright stated it was interesting to see a 20 percent population growth, with 76 percent growth in jobs and 61 percent growth in Town Council Work Session of September 10. 2007 Page 4 non-residential square footage. Further, he stated this will assist in developing our proffer guidelines. Council Member Reid stated it is interesting there is no significant difference in the impact of the two scenarios. He stated this shows us that if we do not get funding from the State and Federal government for our highways and road needs we will be in a deep hole. Further, he stated the recent Northern Virginia Transportation Authority taxing proposal is good and it is a shame that our County Board of Supervisors is opposed. Mayor Umstattd stated one of the things Council will need to look at is the viability of city status. Council Member Hammier stated she would be interested in the cost of looking at the impact of city status with and without annexation. Mr. Wells stated the AADP Committee is working on their report. He stated staff will get the information on the costs involved. Mayor Umstattd discussed the potential impact of annexation on the County's budget. Further, she stated that impact would be removed if Leesburg were to become a city. b. Performing Arts Task Force Report Sandy Kane, Performing Arts Task Force, stated in October 2006 Council directed the Economic Development Commission (EDe) and the Public Arts Commission to determine the feasibility of a performing arts center in Leesburg. She stated the support from the community has been overwhelming and many in the performing arts field have offered their expertise in this process. Further, she introduced the members of the Task Force. Ara Bagdasarian, Performing Arts Task Force, stated the task force was organized into three subcommittees to determine who an arts center would serve, where it would go and how it would be funded. Further, he outlined the task force recommendations including; (1) Town funding for a feasibility study and business plan, and (2) form a 501c3 to handle all subsequent activities and management of the center. Council Member Burk asked the cost of the study. Mr. Bagdasarian stated a request for proposal (RFP) would be issued and it is estimated the cost would be $30,000. Council Member Burk asked the task force to present their findings to Loudoun County in hopes that they will share the expense. Further, she stated it is important to act on this now. Vice Mayor Horne stated interested parties will come forward if Leesburg shows leadership with this issue. She urged Council to act on this recommendation tomorrow to move forward with the RFP and study. Further, she stated the Town should look for partners to help fund this effort. Town Council Work Session of September 10. 2007 Page 5 Mr. Bagdasarian concurred with Vice Mayor Horne stating this is about the Town taking leadership. He stated we need to move forward with this quickly before someone else does. Vice Mayor Horne stated we could put this item on the agenda in two weeks to give more time to consider the plan. Mayor Umstattd asked if the task force had spoken with Morven Park regarding rumors that they are considering a performing arts venue for their location. Mr. Bagdasarian stated we have spoken with many landowners and organizations; however, he can not go into details of those conversations at this point. Mayor Umstattd stated she would hate to see the Town spend tax dollars to do something that a private entity is already working on. Council Member Hammier suggested waiting two weeks before taking action to determine if other parties are willing to partner with the Town. She stated she would like the project to include an alignment with the Crescent District Master Plan. She stated the Crosstrail property would be a good location given its proximity to the Greenway and George Mason University's interest in opening a campus with a performing arts center in Loudoun County. Further, she suggested the task force discuss this effort with the Downtown Improvement Association (DIA) and Leesburg Crossroads. Council Member Wright verified the feasibility study would be the Town's investment with the idea that the SOlc3 would take over the remaining efforts. He stated he would like to share this information with Loudoun County even though it is our hope that the performing arts center would be in Leesburg. Council Member Reid stated the report mentions the possible need of operating funds from the Town and asked for an estimate. Mr. Bagdasarian stated it depends on the operating budget for the facility, which will probably be between $800,000 and $1.5 million dollars. He stated they would be looking for three to five percent to come from the Town and County. Ms. Kane stated the idea would be to have multiple stakeholders i nvolved. Council Member Reid suggested the Town send a letter to Loudoun County asking for their partnership if a performing arts center is in or adjacent to the Town. Further, he stated a Public Private Education and Infrastructure Act (PPEA) agreement could also be considered. Council Member Burk stated it may be premature to send a letter to the County without an initial education effort. Town Council Work Session of September 10. 2007 Page 6 Mayor Umstattd stated this is a good idea; however, she would like to ensure minimal tax dollars are spent on this effort. Further, she suggested the task force and staff look at other performing arts center efforts in the County. c. S. King Street at Fairfax Median, Adopt-A-Spot presentation by the Historic District Residents Association (HDRA) Lyle Werner, HDRA, outlined the history of the new median on South King Street, which was funded by the Standing Residential Traffic Committee. Further, she stated the HDRA would like to adopt the median and tend to its beautification. Ed Fleming, HDRA, stated the association will work with staff on the design of the project and the Town will provide the brick. He stated the design would include a small way finding sign to identify the entrance to the Historie District. . Ms. Werner stated the HDRA has a great partnership with staff. Council Member Burk expressed support for the public art location. Vice Mayor Horne thanked the HDRA and staff for their efforts. Council Member Martinez stated there have been issues with the ability to water the traffic circles on Catoctin Circle. Mr. Fleming stated the HDRA is working with staff to address the watering needs for the first year. Council Member Hammier stated this is a magnificent step towards beautifying an important entryway into the downtown. Council Member Wright thanked the HDRA for their efforts. Council Member Reid expressed support for the way finding sign design at this location. Further, he stated this is a better sign design for the Historic District versus the tall canvas signs. Mr. Wells stated staff has discussed the importance of standardizing the signs and are looking at the opportunity to use this sign as the model for the historie gateway signs. Mayor Umstattd stated Senator Herring was pleased to hear the HDRA would be taking over the beautification efforts for this median. d. Culpeper County resolution regarding iIIegal aliens Mayor Umstattd stated Cu I peper County is urging other localities to study and formulate recommendations to the General Assembly to resolve the issues caused by i1legal aliens within the Commonwealth of Virginia. Council Member Burk asked why we would be involved in a new group when we are already involved with the Virginia Municipal League (VML). Town Council Work Session of September 10. 2007 Page 7 Vice Mayor Horne stated she is not aware of a VML Committee looking at this issue. She stated it is important for local governments to understand the impact of i1legal immigration in terms of a demand for services. Further, she stated it needs to be done in a way that recognizes and understands the contributions immigrants have made to this country. Nicole Ard stated VML has not conducted a formal study; however, Chief Price mentioned a state-wide Commission is looking at the issue right now. Joe Price stated a sub-committee of the Governor's Crime Commission has been looking at many of the issues. He stated one of their recommendations is a proposed legislative change to require sheriff's and ja il managers to check the immigration status of individuals brought in under arrest. Mayor Umstattd asked why our officers or the sheriff's deputies need special training to refer an individual to the Federal Government. Chief Price stated the Town's policy is that anyone who is arrested by an officer is asked their residency status to ensure every citizen is treated fairly. He stated if the officer has any reason to believe that an individual may be in this Country illegally they are directed to call Immigration Control Enforcement (ICE). Vice Mayor Horne suggested that staff keep Council updated on what the Governor's Commission is proposing at the State level. Mr. Wells stated Loudoun County plans to meet in work session on September 18 to discuss what next steps they will take on this issue. Council Member Martinez expressed support for Chief Price's policy. Council Member Hammier stated the Loudoun County Economic Development Commission discussed this issue. She stated she supports Vice Mayor Horne's comments regarding looking at where and how we should be involved and suggested contacting the National League of Cities (NLC) to see how they are involved. Further, she stated out our level our situations are unique and we need to start rationally looking at these issues. Council Member Wright stated as we are looking at solutions we have to understand that the laws apply to everyone. He stated we need to focus on the items we can control such as following ICE protocol and our contracts require that our contractors comply with Federal immigration laws. Further, he cautioned Council not to vote immediately on this proposal until we understand what other groups are doing. Council Member Reid stated we should look into what VML and VACO are doing and not act on this proposal. Council Member Martinez stated we need to keep in mind the costs of new levels of regulations that should be done at a higher level. Town Council Work Session of September 10. 2007 Paqe 8 Mayor Umstattd stated efforts at the State and local level take the heat of the Federal Government which should be looking into these issues. She urged citizens with concerns to contact their Federal representatives. Council Member Hammier stated the intent is not to rush to local action as there is enormous potential in looking at what could be done from a lobbying standpoint if we were part of a regional coalition. It was the consensus of Council to continue to enforce our laws and monitor the efforts of Loudoun County, VML, NLC and the Governor's Commission. Council Member Reid asked staff to look into the cost of hiring a third zoning enforcement officer. e. Thomas Balch Library funding discussion/update Mr. Wells stated Council Member Reid brought this issue forward regarding the need to look at funding options for the Thomas Balch Library. He stated the addition of volunteer hours have saved the Town $22,000 in staff costs. Further, he stated staff has continued to apply for and receive various grants for specialized types of activities. Mr. Wells stated staff is suggesting an addition to the Legislative Agenda to add a request for State funding for the Thomas Balch Library. Further, he stated the Town will also look to the County for in-kind or direct dollar support. Alexandra Gressitt, Thomas Balch Library Director, stated the Town has a contract with Loudoun County for cataloging support. She stated staff has spoken with the County regarding the opportunity for State funding. Further, she stated 50 percent of the patrons live in the County, while only 25 percent live in the Town. Vice Mayor Horne stated the Thomas Balch Library is a real jewel for the community and congratulated Ms. Gressitt and her staff for their efforts. Council Member Martinez expressed his support for the Thomas Balch Library . Council Member Hammier verified approximately 12,000 to 15,000 people visit the Iibrary each year. She asked how much state funding the library received when it was operated by Loudoun County. Mr. Wells stated the State does not provide money to individual branches, rather the money is provided to the library system as a whole. Further, he stated State funding accounts for less than one half of the total funding needed to operate the library system. Council Member Hammier stated this is an important election year topic. Further, she stated we were all involved in support of the Loudoun Museum fundraiser and stated the Balch Library Friends are looking to start an annual fundraiser. Town Council Work Session of September 10. 2007 Paqe 9 Council Member Wright complimented Ms. Gressitt and Mr. Wells on the marketing of Thomas Balch Library and the continuing fundraising efforts. Council Member Reid expressed his support for the Thomas Balch Library. He stated he would like to see a legislative proposal requesting State funding. Further, he stated he would like to see staff request funding for the library from the County. Vice Mayor Horne asked if there are any other libraries like the Thomas Balch Library in Virginia. Ms. Gressitt stated other genealogy Iibraries in the State are part of a County library system. Mayor Umstattd commented on the good work done by Ms. Gressitt, Mary Fishback and the other staff and volunteers at Thomas Balch Library. f. Loudoun Street Project Update This item was deferred to the September 24th work session. 3. For information only: Preview Topics for September 24, 2007: There was no Council discussion of the following items: a. Supplemental Budget Appropriation for Community Outreach CDBG Grant b. Updates to Town Parking Ordinance New Business None Adjournment On a motion by Council Member Martinez, seconded by Council Wright, the meeting adjourned at 10:52 p.m. 2007 _tcwsmin091O