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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 Town Council Work Session of October 9. 2007 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 Paae 7 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