HomeMy Public PortalAbout2007_10_09
Council Work Session
October 9, 2007
Council Chambers, 25 West Market St reet, 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: Council Member Martinez arrived at 9: 10 p.m.
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 Parks and Recreation Kaj Dentier, 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, Deputy Director of
Utilities Aref Etemadi, Chief of Engineering Bill Ackman, Chief of Comprehensive
Planning David Fuller, Zoning Administrator Brian Boucher, Assistant Director for
Recreation Rich Williams, Transportation Engineer Calvin Grow, Senior Engineer Anne
Geiger, Tourism & Marketing Manager Marantha Edwards, Recreation Programs
Manager Kate Trask, and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
1. Questions on Tuesday Agenda Items
Council Meeting of October 9, 2007
a. Accepting the Performing Arts Task Force Report
Council Member Burk asked to defer this item as she is not able to
attend the meeting tomorrow night.
Council Member Hammier asked the funding amount and source of
funding for this item.
Vice Mayor Horne stated the proposed action is just to accept the
report.
Council Member Burk stated she was also under the impression that
funding would be discussed.
Council Member Hammier stated Friday morning at the Loudoun
County Economic Development Commission meeting Cheryl Kilday of the
Loudoun Convention and Visitors Association (LCVA) and staff provided their
annual report and discussed the destination strategy. She questioned the
possibility of using transient occupancy tax (TOT) funding for this project.
Mr. Wells stated the TOT funding goes through a specific process with
the Board of Supervisors to include in their proposed budget and if this is
something Council would desire we need to make our interest known later
this fall.
Council Member Hammier disclosed a phone call from Steve Robbin
and suggested that staff look at possible locations for a performing arts
center.
Town Council Work Session of October 9. 2007
Page 2
Council Member Wright expressed support for deferring this item. He
disclosed a phone conversation with Ted Kalriess and stated he may be a
good resource given his experience in consulting with project management on
performing arts centers.
Council Member Reid stated in the next two weeks staff can speak with
Mr. Kalriess and investigate potentiallocations to aid Council in their decision
process.
It was the consensus of Council to defer this item to the October 23
Meeti ng.
b. Public Hearing - Amending Subsection (D), Section 10-190.9
(Designation of Residential Permit Parking Zone) of Division 4
(Permit Parking Zones) of Article VI (Stopping, Standing, and
Parking), Chapter 10 (Motor Vehicles and Traffic) of the Code
of the Town of Leesburg Parking Ordinance.
Council Member Reid stated there was discussion at the Standing
Residential Traffic Committee (SRTC) meeting regarding the residential
parking issue and expressed concern with the road width restrietion of 21-
feet. He stated in the future Council may be asked to consider permit parking
on a street with a different width. Further, he asked why we would not want
to allow the residents to restriet parking to their own vehicles.
Mayor Umstattd asked who is designated to decide this issue under
State law.
Barbara Beach stated the power can reside with Council or it can be
delegated to the Town Manager.
Calvin Grow stated the SRTC did discuss this issue and determined
many of the Downtown streets currently meet the warrants for residential
permit parking. Further, he stated the 21-foot road width meets the needs of
Cornwall Street, Liberty Street and Memorial Street; therefore, the
Committee did not feel the need to change the width.
Council Member Reid urged Council to consider amending the
ordinance to set the road width at 28-feet. Further, he asked if there would
be support for lowering the weight requirement for the prohibition of
commercial trucks parked on residential streets.
Ms. Beach stated she sent an email to Council explaining the 10,000
pound weight limit is consistent with the Zoning Ordinance.
Council Member Wright stated Brian Boucher has pointed out there are
several non-commercial vehicles which would be prohibited on residential
streets if the weight limit is lowered.
Council Member Reid stated he has received complaints from residents
on Tavistock Drive regarding a refrigeration truck and four or five school
buses parked there. Further, he stated we can discuss the issue at a future
meeti ng.
Town Council Work Session of October 9. 2007
Page 3
c. DCSM Public Hearing - Deleting Appendix E and Amending
Articles 2 and 4 and Appendix A
Council Member Wright stated Section 2121H page 2-4 was discussed
at the Planning Commission meeting regarding the applicability of this section
to residential pools. He stated his recollection of the discussion is that it
would not apply to residential pools; however, the ordinance seems to
indicate that it would.
Aref Etemadi stated staff's intent was to make the section applicable to
community pools with large filters rather than residential pools which typically
have smaller filters.
Council Member Wright suggested specifying the size of the filter to
exempt residential pools.
Mr. Etemadi stated staff does not review plans for residential pools.
Bill Ackman stated the under the rewrite of the subdivision ordinance
the Engineering Department will be reviewing plans for residential pools. He
stated the State regulations regarding water runoff into streams and rivers
have been tightened and it would be advisable for the Town to enforce our
regulations on all. Further, he stated staff is working on a new chapter to
the Town Code addressing illicit discharges, which will include residential
pools.
Council Member Wright verified staff's recommendation to require
residential pool owners to acquire a discharge permit if their pool water is not
discharged into the sanitary system. He stated there was also Planning
Commission discussion regarding the point of collection for grease traps and
the ability to use tanks.
Mr. Etemadi stated it is best to handle this on a case by case basis.
He stated major chains are required to use the tanks, whereas they might not
be necessary for adeli.
Council Member Wright expressed concern with case by case
enforcement stating a restaurant owner who may not be required to have a
tank would not know that by reading the DCSM.
Mr. Etemadi stated every applicant can ask for a varianee.
Mr. Ackman stated many of these concerns are addressed during the
pre-application process.
Council Member Reid verified further amendments would follow.
Further, he verified staff is allowing the development community to provide
input on these amendments.
2. Work Session Items for Discussion
a. Downtown Improvement Association update
Peter Burnett, Downtown Improvement Association (DIA), provided an
Town Council Work Session of October 9. 2007
Page 4
update on the Association's growth in the community. He stated several
subcommittees have been established and last week the DIA met with the
owners of 90 percent of the undeveloped property in the Downtown.
Further, he stated the purpose of this meeting was to preserve and protect
the existing legacy that we have while recognizing economic challenges.
Mr. Burnett stated very few communities have seen a successful
revitalization of their downtown absent a strong partnership between the
Town and private sector. Further, he stated the DIA hopes to sponsor a forum
to look at the dynamic tension between historie preservation and economic
redevelopment.
Council Member Burk thanked Mr. Burnett for his presentation.
Vice Mayor Horne stated this is a wonderful opportunity to create the
momentum we need.
Council Member Martinez stated he looks forward to future updates on
the DIA's activities.
Council Member Hammier stated this is one of the most exciting things
happening in Town right now. She asked Mr. Burnett to keep Council
informed of next steps and where Town involvement is needed.
Council Member Wright stated this is an opportunity to create a
partnership in the Downtown. He stated Council looks forward to see the
DIA's road map and what pieces are vital to move the revitalization along.
Council Member Reid thanked Mr. Burnett for his leadership. He
stated the best thing the DIA can do is to be a continual presence to assist
staff and Council in streamlining the onerous regulations and red tape
associated with development in the Downtown.
Mayor Umstattd thanked the DIA for their efforts and expressed her
appreciation for their commitment to minimizing the use of tax dollars in this
effort.
Mr. Burnett addressed the lack of parking in the downtown. He stated
this is a three way partnership with the Town, County and private sector.
Further, he stated we are fortunate to have Mr. Well's history with the County
in this effort.
b. County Courts Presentation
Paul Brown, Loudoun County Administration, addressed Council
regarding the space needs of the Loudoun County Court offices. He stated
the Judges requested a space study be conducted to reevaluate the office and
parking needs as the case load is growing faster than anticipated. Further, he
stated all of the Judges would like to see the courts remain Downtown;
therefore, staff feit it important to partner with the Town Council and staff to
share the results of the space study.
Mr. Brown stated the study showed the County administration offices
on Harrison Street would need to convert to court space and one of the two
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Page 5
proposed wings would need to be constructed. He stated County staff is
interested in gathering feedback from the community and the Council on their
feelings towards this growth in the downtown. Further, he invited Council and
staff to attend a working session with the County once the detailed study
information is received in December.
Council Member Burk stated the original plan calls for the jail building
to be demolished and converted to a parking lot.
Mr. Brown stated the parking lot was an interim solution as that site
has always been planned for Phase III of the courts expansion. Further, he
stated the needs of the courts have accelerated at such a rate that the
expansion planned for 2012 will now be needed two years earlier.
Vice Mayor Horne stated she is looking forward to further information.
She asked if structured parking at the Pennington Lot had been considered.
Mr. Brown stated several possibilities have been considered; however,
the traffic studies have not been completed.
Council Member Hammier thanked Mr. Brown for his briefing. She
verified population growth corresponds to the increased case load driving the
need for additional court space. Further, she stated she would like to
incorporate this need in our fiscal impact model to examine the ratios of non-
profit and for-profit uses in the downtown.
Council Member Wright thanked the County for their partnership in this
issue. He asked that the Planning Commission be included in these joint
discussions. Further, he stated it may be necessary to provide a downtown
transit system to transport citizens from the parking lots to the courts facility.
Council Member Reid expressed concern with traffic issues associated
with a court facility or parking on the jail site. Further, he expressed support
for a downtown shuttle to relieve the burden on the smaller residential
streets.
Mayor Umstattd thanked Mr. Brown for his briefing.
c. Transportation model
David Fuller stated the development of a transportation model was one
of the key steps towards full implementation of the Town Plan. Further, he
introduced Craig Gresham of Kimley-Horn Associates.
Mr. Gresham provided an overview of the model stating it will service
as a tooi for transportation planning in the area, provide input data to
microsimulation models and prepare a more detailed and accurate model than
what is available from Loudoun County or the Metropolitan Washington
Council of Governments (MWCOG).
Council Member Burk verified this model will help staff determine the
impacts of development on area roads.
Vice Mayor Horne stated this is a wonderful asset to the Town.
Town Council Work Session of October 9. 2007
Paqe 6
Council Member Hammier asked if the information on people, jobs and
land use is based where we control those decisions.
Mr. Gresham stated there are two levels of scale including a local level
and a regional level. He stated the regional model would provide input on
decisions such as widening the Bypass west of Town to eight lanes or
increasing the tolls on the Greenway.
Council Member Hammier stated it is important to keep in mind
creative policies for how to solve our transportation problems.
Council Member Wright verified the modified model can be updated as
we receive new traffic counts.
Mr. Gresham stated the model was created with a 2006 base year and
staff would be focused on keeping the 2015 and 2030 information updated.
Mayor Umstattd asked if the MWCOG regional model would consider
increased traffic traveling through Town from West Virginia.
Mr. Gresham stated West Virginia is outside the rage of the regional
model and all of the information at that point is forecasted. He stated any
changes to affect that data would have to be input into the system.
Mayor Umstattd verified the model does take into account the levels of
trips generated from various uses such as retail versus industrial.
d. Approvin9 pole signs for the special events component of the
Wayfinding Sign System
Brian Boucher stated in 2003 Council approved the wayfinding sign
package for the Town. He stated the plan calls for the special event signs to
be mounted on poles in the public right-of-way; however, the Zoning
Ordinance prohibits pole signs except in the case of unusual circumstances
and with the approval of Council. Further, outlined the need for the pole
signs and stated staff recommends approval of the signs.
Council Member Burk verified two poles each with two banners will be
placed in four locations around Town to advertise special events.
Betsy Fields stated the banners will advertise special events and wh en
there are no events there will be standard welcome to Leesburg signs.
Further, she stated one banner would be dedicated to directing individuals to
a website to learn more about the Town's civic organizations.
Council Member Burk asked if the special event advertisement would
generate revenue for the Town.
Ms. Fields stated staff would recover costs for installing of the signs
and would charge a nominal fee.
Vice Mayor Horne verified these pole signs would replace the current
wooden signs.
Town Council Work Session of October 9. 2007
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Council Member Martinez asked if the poles would be plaeed across the
street from each other.
Ms. Fields stated on East Market and South King Streets the signs
would be placed in the median one after the other. She stated on North King
and West Market Streets both poles will be placed on the right side of the
road.
Council Member Hammier commented on the need for beautification
efforts at various locations in the Town and asked if staff had considered
placing banners welcoming residents home at other locations such as the
intersection of Edwards Ferry Road and the Route 7/15 Bypass.
Ms. Fields stated it is possible to look at future locations once these
signs are implemented.
Council Member Wright verified the current monument signs are out of
compliance with the Zoning Ordinance. Further, he asked if Council had
granted waivers for other pole signs in Town.
Mr. Boucher stated Council granted a waiver for a pole sign at the
Holtzman BP Station on Catoctin Circle.
Council Member Wright expressed concern with the cost of maintaining
the banners and granting a waiver for the pole signs.
Council Member Reid concurred with Council Member Wright's
comments. He stated Council heard today that Wolf Furniture has decided to
seil their property versus constructing their store here; however, we now
want to exempt ourselves from our own regulations. Further, he expressed
concern with the ongoing maintenance of the banners and the potential safety
hazard associated with the placement of the signs.
e. 2007 Court and Market Days in Leesburg
Marantha Edwards stated staff partnered with the
Heritage Consortium Group during the planning of this program. She
highlighted the various marketing efforts including partnerships with Loudoun
County Public Schools, Leesburg Downtown Business Association (LDBA) and
the Loudoun Museum.
Council Member Burk stated she is looking forward to the event.
Vice Mayor Horne expressed support for the educational component of
the program.
Council Member Martinez thanked staff for their efforts.
Council Member Hammier verified the listing of times and activities are
available.
Council Member Wright asked why the program is ending at 4:00.
Town Council Work Session of October 9. 2007
Paqe 8
Ms. Edwards stated this is the first year of the event and we are
testing the programming.
Council Member Wright asked staff to provide an af ter action report
with comments from the LDBA and DIA.
Council Member Reid thanked staff for their efforts. Further, he
thanked the Loudoun Times-Mirror for providing advertising services for the
event.
f. Capital and Investment Funding Strategies Review
Norm Butts introduced Courtney Rogers and Joe Mason of Davenport &
Company, LLC. He stated the first part of the presentation will look at the
financing of the tennis bubble and pool at Ida Lee, while the second part will
provide an overview of the Town's cash management and investments.
Further, he stated staff recommends that Council vote tomorrow night to
authorize the advertising of a bond public hearing for November 13.
Mr. Rogers outlined the co st of the indoor tennis facility at $2.5
million, the pool at $7 million and land acquisition at $1 million. Further, he
provided the following recommendations to Council; (1) consider the issuance
of permanent financing in order to minimize the cash flow impact to the
Town, (2) fund the projects with a combination of equity and permanent debt,
(3) utilize net operating revenues to help defray debt service on the
permanent financing when it is procured, and (4) consider utilizing interim
financing in the near-term via bond anticipation notes until both projects are
completed and fully operational and thus producing the full amount of
expected net revenues.
Mr. Rogers outlined the plan of financing in two phases. Phase one
would include (1) the issuance of up to $5 million in the form of a bond
anticipation note with a three to five year final maturity by the end of 2007
and (2) funding the balance of the project with $5 million of Symington Fund
Principal and up to $1 million of KSI proffer monies. Phase two would
including refinancing the bond anticipation notes in the next three to five
years with a combination of long term debt and any remaining equity.
Council Member Martinez verified the revenue projections are
conservative.
Council Member Hammier stated her recollection is that the KSI
proffers exceeded $1 million.
Mike Banzhaf, attorney for KSI, stated the proffer is to be paid off over
time and he believes the total is slightly more than $1 million.
Council Member Hammier asked who will have oversight on the pricing
policies.
Kaj Dentier stated staff and the Parks and Recreation Commission will
work together to evaluate the rates based on the market; however, Council
will have discretion to set the rates during the annual budget process.
Town Council Work Session of October 9. 2007
Page 9
Council Member Hammier asked about the Town's financial ability to
acquire additionalland if necessary.
Mr. Wells stated that would be a separate discussion.
Mr. Rogers stated another reason the bond anticipation notes work
weil in this situation is that we don't know the timing of the KSI proffers.
Vice Mayor Horne asked the source of the proffer money for the dog
park.
Mr. Wells stated there were a number of undesignated proffers that
were used for that project. He stated to make this work we will monitor our
revenues and expenses closelyand the goal is to have no impact on the tax
base of the Town.
Council Member Wright verified the pool project is still under design.
He asked the situation of the storm water issues.
Mr. Elsewaissi stated the pool water discharges into Big Spring so staff
is working on wa ys to mitigate the impact on the stream.
Council Member Burk stated the importance of protecting the stream.
Mr. Wells stated staff is working on the environmental issues and will
work with Trout Unlimited to protect the stream.
Council Member Reid expressed concern for the debt service on these
projects. He stated he spoke with a member of the Vienna Town Council who
stated their meals tax pays for their infrastructure and asked what the Town
can do in this regard.
Mr. Rogers stated we are at the whim of the market and are unsure as
to the cost of the pool. He suggested staff look at an Ida Lee price differential
for in-Town and out-of- Town customers.
Council Member Hammier stated we can look to policy decisions to
generate additional revenue and asked as we are going into 2008 would it be
appropriate to look at an Ida Lee price differential for in-Town and out-of-
Town customers.
Mr. Rogers stated staff is asking Council to vote tomorrow night to
authorize a public hearing on November 13 with a bond closing date of
November 30.
Joe Mason provided an overview of the Town's investment
management stating the goal is to develop a plan that will allow the Town to
achieve favorable market returns while assuring the safety of its investments
and maintaining adequate Iiquidity to pay its bilis. He stated the Town is
gradually diversifying its investments to rely less on money markets and
more on U.S. Treasuries and "AAA" rated agencies. Further, he stated the
yield on securities in the portfolio continues to improve relative to the yield on
money market positions.
Town Council Work Session of October 9. 2007
Page 10
There was Council discussion regarding the diversification of the
Town's investments.
Mayor Umstattd thanked staff, Mr. Rogers and Mr. Mason for this
report.
Mr. Wells complimented Mr. Butts and Davenport & Company for their
expertise and guidance. He stated he feit it was important for Council to
receive this briefing to understand that the investment returns have exceeded
our projections and have become a vital part of keeping our budget stabie in
times where the meals tax and sales tax have declined.
Council thanked Mr. Wells, Mr. Butts and Davenport & Company for
their efforts and stewardship.
g. Interim financing for Parks and Recreation projects
Discussion of this item occurred under item 2f.
h. Authorizing the Council's representatives to the AADP
Committee and Town staff to work with representatives of
Loudoun County and Loudoun County staff to begin the process
of preparing documents necessary for a voluntary annexation
agreement for areas within the Leesburg Joint Planning Area
Mr. Wells stated this is a follow up to the AADP discussion regarding
moving forward with a study of the area Council has discussed for
annexation.
Council Member Wright stated this area was endorsed as a key area of
focus for future economic development and growth potential. He stated this
action initiates the next steps of stakeholder meetings and public hearings.
Council Member Martinez stated he and Council Member Wright have
been working weil with Loudoun County during this process. He expressed
the importance of the stakeholder meetings and public hearings. Further, he
stated the Board of Supervisors is scheduled to vote on this item at their next
meeting.
i. Legislative Update
Nicole Ard stated revisions to the draft Legislative Agenda include a
request to streamline procurement regulations, a change in criteria to allow
state funding for the Thomas Balch Library, and a re-examination of personal
property tax reimbursements.
Mayor Umstattd verified the request for greater authority to protect
trees during the development process and the issue of the impact on smaller
localities having to fully fund the cost of water treatment plant expansions
have been included.
Council Member Reid proposed amendments to the existing statute
governing tree protection, stating he would like the Town Attorney to review
any potential amendments.
Town Council Work Session of October 9. 2007
Page 11
Vice Mayor Horne stated the Governor has proposed cutting several
State funding programs for the localities including the 599 funds for the Police
Department. She asked for an estimate of the potential lost revenue.
Mr. Wells stated the potential impact on the Town is $50,000 to
$70,000.
Vice Mayor Horne asked if there is anything we can do at the Federal
level to express concern with the recently designated power corridors.
Council Member Reid asked if this would affect the Town.
Mayor Umstattd stated the question is the principal of allowing the
Federal Government to preempt the State's authority by designating Loudoun
County as an Emergency Energy Area. She stated the benefit of the Federal
legislation is that it places more emphasis on undergrounding the utility lines.
Ms. Ard stated she could share Council's discussion with Congressman
Wolf's office.
Council Member Hammier stated we are scheduled to discuss the
overcrowding issues at our next work session and asked that staff bring
forward recommendations at that time for inclusion in t~e legislative packet.
There was further discussion regarding historic preservation laws and
State funding for the Leesburg Executive Airport.
Council Member Reid discussed the movement to give Towns a
collective vote on the Northern Virginia Transportation Authority.
3. For information only:
Preview Topics for October 22, 2007:
There was no Council discussion of the following items:
a. Transportation Enhancement Grant Downtown for streetlights
Public Hearing
b. Changes in Statements on Auditing Standards
c. GASB 45 &. related actuary report
d. Overcrowding legislation
e. Form based code consultant and budget approval
4. Closed Session
On a motion by Mayor Umstattd, seconded by Vice Mayor Horne, the following
motion was proposed:
MOTION
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, I move that the
Leesburg Town Council convene in a c10sed meeting to discuss personnel
matters pertaining to the Town Attorney's annual performance evaluation
Town Council Work Session of October 9. 2007
Paqe 12
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and
Mayor Umstattd
Nay: None
Vote: 7-0
Council convened in closed session at 10:58 p.m.
Council reconvened in open session at 11:20 p.m.
On a motion by Mayor Umstattd, seconded by Council Member Wright, the
following motion was proposed:
MOTION
In accordance with Section 2.2-371.2 of the Code of Virginia, I move that
Council certify that to the best of each member's knowiedge, only public
business matters lawfully exempted from open meeting requirements under
the Virginia Freedom of Information Act and such public business matters as
were identified in the motion by which the c10sed meeting was convened were
heard, discussed or considered in the meeting by Council
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and
Mayor Umstattd
Nay: None
Vote: 7-0
New Business
a. Court and Market Days
Mr. Tim Jon invited all citizens to attend Court and Market Days on
October 20th in Downtown Leesburg.
b. VDOT Six-Year Plan funding request
Council Member Reid asked that this item be deferred from tomorrow
night's agenda. He stated he has a number of questions regarding projects
listed and projects not included.
Mr. Wells stated there is no rush to act on this item. He stated staff can
provide answers to the questions tomorrow night and Council can choose to
defer action if they feel more information is needed.
Adjournment
On a motion by Council Member Wright, seconded by Council Member
Martinez, the meeting adjourned at 11: 20 p.m.
rJlifl
Clerk of Co
2007 _tewsmin 1009