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HomeMy Public PortalAbout2008_01_22 Council Work Session January 22, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Katie Sheldon Hammier, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Councilmembers Absent: Susan Horne and Dave Schmidt Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Deputy Town Attorney Jeanette Irby, Assistant to the Town Manager Kathy Leidich, Assistant to the Town Manager Scott Parker, Chief of Police Joe Price, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Director of Capital Projects Management Nagi Elsewaissi, Director of Finance Norm Butts, Transportation Engineer Calvin Grow, Chief of Accounting and Reporting Kim Williams, Economic Research Analyst Betsy Fields, Senior Management Analyst Annie Carlson, Management Specialist/Deputy Clerk of Council Debi Parry AGENDA ITEMS 1. Questions on Tuesday Agenda Items Council Meeting of January 23, 2008 a. Public Hearing - Amending and Reordaining Section 6-2 (Voting Places) of Chapter 6 (Elections) of the Code of the Town of Leesburg, Virginia Mayor Umstattd stated the upcoming presidential primary would be held at the fire hall; however, the May and November elections would be moved to Ida Lee temporarily. b. Adopting the Leesburg Drought Assessment and Water Supply Response Plan This item was deferred to the February 11 work session. c. Making an appointment to the Thomas Balch Library Commission Council Member Hammier stated Council Member Schmidt will be nominating Shirley McClain Hall. d. Awarding the Ida Lee Barn Renovation Construction Contract John Wells stated this project is included in the Capital Improvements Program with funding. He stated the bids came in within budget. Nagi Elsewaissi stated Council is being asked to award the contract for the barn renovations tomorrow night. Further, he stated construction is expected to begin soon. Council Member Wright verified the barn will continue to deteriorate if the project does not move forward. Council Member Martinez expressed concern regarding the differences in the bids received and asked if Mr. Elsewaissi is comfortable with the firm chosen. Town Council Work Session of January 22, 2008 Page 2 Mr. Elsewaissi stated the low bidding firm completed the renovations on the Ida Lee Farm House and he is very comfortable working with them. Council Member Martinez verified the barn dates back to the civil war. He asked if the site could be looked at for a possible archeological dig before construction begins. e. Commending Frank Wolf for his efforts related to local transportation funding Mayor Umstattd stated Council Member Reid's suggestion that a portion of Battlefield Parkway be named after Congressman Wolf would be a nice gesture. She stated this road will be owned by the Virginia Department of Transportation and therefore she believes a General Assembly vote would be required to name the road in Congressman Wolf's honor. Council Member Wright stated Congressman Wolf would not want such recognition. Council Member Reid stated Congressman Wolf is scheduled to attend a Congressional retreat; however, he is planning to stop in Leesburg for the ribbon cutting. Further, he stated Battlefield Parkway will provide major congestion relief for the Leesburg Bypass and it would not have been possible without the assistance of Congressman Wolf. f. Making an appointment to the Standing Residential Traffic Committee Council Member Reid stated Tom Marshall has resigned from the Standing Residential Traffic Committee. Further, he stated he would like to nominate Dr. David Miles to fill the vacancy. g. Request for Joint Public Hearing - Chevy Chase Bank Mayor Umstattd stated a joint public hearing will not be necessary given the close time line with the Planning Commission and Town Council meetings. She stated she and Mr. Wells met with the applicant today and they took the Planning Commission comments seriously and will be resubmitting their application. Further, she stated staff is working to ensure this application is expedited and the Planning Commission public hearing is tentatively scheduled for March 6 with a Council public hearing on March 11. Council Member Wright stated the applicant has agreed to make significant changes and stated it is important to move them through the process quickly. Further, he suggested that Chevy Chase listen to the recording of the Planning Commission meeting to make sure all concerns are add ressed. Council Member Reid asked if there is a possibility for second floor office space in their building. Council Member Wright stated that discussion came up at the Planning Commission meeting; however, the applicant has stated Federal Code prohibits them from having tenants on the second floor because they own the building. Town Council Work Session of January 22, 2008 Page 3 Council Member Martinez stated Council can join the Planning Commission for their public hearing. Council Member Wright stated if the application gets involved it would be good to let the Planning Commission know that they can vote on March 11 if they are uncomfortable voting on March 6. 2. Work Session Items for Discussion a. Presentation: Loudoun Archeological Foundation, David Clark Dr. David Clark presented a short PowerPoint to Council outlining his archeological digs in and around Leesburg. He stated he would like Council's assistance to conduct digs in the Georgetown Park area including the Waterford Development property. Mayor Umstattd asked Dr. Clark to work with Mr. Wells to get the information he needs. Council Member Hammier stated she is meeting with Waterford Development at 10:30 a.m. on Friday and invited Dr. Clark to attend. Dr. Clark commented on another parcel where an iron forge was once located and asked for help in contacting the owner of the property. Mr. Wells stated the Loudoun County GIS Department could provide information. Council Member Martinez asked if Dr. Clark would be interested in conducting archeological dig at the Ida Lee barn. Further, he stated Dr. Clark does involve schools and families in his digs. There was further discussion regarding other possible locations for archeological digs. Mayor Umstattd stated she would be happy to introduce Dr. Clark to the principal of Catoctin Elementary School to discuss possible activities. b. Request to remove two parking spaces on King Street Betsy Fields stated staff received a request from the owners/developers of two parcels on King Street who plan to convert the buildings to a restaurant use. She stated they would like to remove two parking spaces along King Street to allow for access to the rear parking lot and create a one-way loop. Further, she stated the Engineering and Public Works Department has recommended the removal of an additional six spaces to meet sight distance requirements. Dave Culbert, attorney for the applicant, asked that Council consider removing two parking spaces to enhance the usability of the site and to create a better traffic flow in and out of the rear parking lot. Kevin Vanheist, engineer for the applicant, stated the applicant is requesting a curb cut and removal of two parking spaces to create an ingress and egress for the rear parking lot. He stated the staff report indicates the need for 280 foot site distance; however, that is not possible given the high Town Council Work Session of January 22, 2008 Paqe 4 point of the road at Cornwall Street. He stated the removal of the two spaces will provide 175 feet of site distance to improve the safety conditions. Mayor Umstattd stated the Virginia Department of Transportation (VDOT) requires a site distance of 280 feet. Ms. Irby stated Zoning Ordinance Section 11-11 requires all developers to comply with the Design Standards and Construction Manual (DCSM) which outlines the VDOT requirements. Further, she stated given the way the ordinance is written Council may not have the authority to supercede the requirements of VDOT. Mayor Umstattd verified this would require an amendment to the Zoning Ordinance. Council Member Wright stated there are similar conditions at the Town alley and the Town parking garage. He stated this is not a new development and we should make a decision of one, two, or three parking spaces without having to amend the Zoning Ordinance given it has been done before. Mayor Umstattd stated it would be her preference to not amend the Zoning Ordinance. Council Member Reid stated this is economic development for the Downtown. He stated he is pleased staff brought the issue to Council so that the applicant may be exempted from these requirements. He stated it is a shame Council has to conduct a public hearing for this and urged Council to take this opportunity to rewrite this portion of the Town Code. Further, he stated this is also an opportunity to identify streets where over-engineering kept us from placing meters for parking. Council Member Hammier asked the applicant to let Council know if further assistance is needed. Mayor Umstattd stated we need to be mindful of the law; however, it should not be complicated to amend the Zoning Ordnance language in Section 11-11 from "shall" to "may". Mr. Culbert thanked Council for their comments. He stated the parking area is a preexisting nonconforming use that will be enhanced and improved by what the applicant is requesting. He stated he would be happy to work with Ms. Irby on this issue. Mayor Umstattd verified the applicant hopes to open the restaurant one year from today. After further discussion it was the consensus of Council to advertise two public hearings for the Zoning Ordinance change and the Town Code amendment regarding removal of the meters to give staff the time to review the issue and determine the best course to follow. c. Legislative Update - HB-451 Mayor Umstattd stated the Town of Herndon has requested that Town Council Work Session of January 22, 2008 Page 5 Leesburg and other Towns sign on to endorse HB 451 which would amend State legislation on the composition of the Northern Virginia Transportation Authority to add a seat for one representative from the Towns. Council Member Reid stated we should endorse the bill as it is not likely that we will get membership for all Towns. Further, he stated the Towns need to try to get the Planning Advisory Committee convened as that is the opportunity for Towns to have input. Council Member Hammier expressed her support for this action. Council Member Martinez stated one person to represent the needs of all Towns is not enough; however, he will follow the will of Council and endorse the bill. Mayor Umstattd stated the Town has consistently conveyed the feelings shared by Council Member Martinez. She stated she does not believe the General Assembly will approve a seat for all Towns; however, we do have a chance to get one Town representative. It was the consensus of Council to vote on this item tomorrow night. d. Abusive Driver Fees Council Member Reid asked that Council go on the record supporting alternatives to this legislation. He stated since he last discussed this issue the Governor has announced that he would like the legislation repealed. He stated he would like Council's input on a proposal to apply a five percent sales tax on auto sales. Further, he stated he sent an email to Delegate Joe May expressing concern that this bill mainly targets Virginian's and offered the alternative of increasing the gas tax to also capture funding from out-of-state drivers. Council Member Wright stated he has not heard what the Governor is proposing as a replacement for the funding from Abusive Driver fees. He stated an increase to the Gas Tax would appropriately shift the burden for transportation funding to all users. Further, he stated he would like to see more facts on this issue. Council Member Reid stated the advantage of the gas tax is that it is shared by all. Council Member Hammier stated she asked Delegate May about a percentage increase in the gas tax at the legislative dinner and he stated his belief that the proposal would not pass. She stated the key point to focus on is how we get the money back to Leesburg. Council Member Martinez stated he does not oppose the repeal of the abusive driver fees; however, attempts to dictate how the General Assembly raises revenue may be reaching too far. He concurred with Council Member Hammier's comments that we need to find a better way to raise tax revenue and we need to ensure the money comes back to the individuals who pay the taxes. Town Council Work Session of January 22, 2008 Page 6 Council Member Wright asked that the resolution be amended to state "the General Assembly is requested to consider legislation that will repeal the abusive driver fees and replace the lost revenue with a stable revenue source that fairly distributes the burden across all users". Further, he suggested another bullet under "Therefore Resolved" addressing the need for consistent dollars to come back to Leesburg and other similar communities that face a heavy regional traffic impact. Mayor Umstattd stated she is not supportive of an increase in the sales tax or the gas tax. She stated these are regressive taxes that affect lower income families. Further, she expressed support for Council Member Wright's amendment. e. Changes in accounting standards requiring reporting of OPEB liability Norm Butts stated last fall Council discussed the upcoming change in Other Post Employment Benefits (OPEB) and how this only applies to the Town in the area of health benefits for retirees. He stated these changes are needed to comply with GASB-45. He stated the Town hired an actuary who has developed the following recommendations, (1) cap retiree benefit costs for new hires after July 1, 2008; (2) fully fund the OPEB liability in phases, (3) set up a trust fund to administer this and authorize the Town Manager to issue an RFP for services to be in place before next fiscal year. Further, he stated staff will have a resolution for Council's consideration at the first meeting in February. Council Member Martinez verified the trust fund would have its own financial statements and would be audited. Council Member Hammier thanked Mr. Butts for his report. Council Member Wright asked the current percentage of our benefit cost for retirees. Mr. Butts stated currently the Town has 21 retirees who are eligible for our post employment health benefits on a pay-as-you-go process. He stated by the year 2025, the actuary estimates there will be 158 retirees taking advantage of post employment health insurance benefits. Council Member Wright verified the County's post employment benefits are similar to what is offered by the Town. Council Member Reid asked the cost to the Town for this approach and the cost for capping the premiums. Mr. Butts stated the actuarial study suggests that by modifying the program and phasing it over three years our first year requirement for funding is $196,000 based on one percent of our payroll. He stated at year four the amount will increase to 7.5 percent of our payroll or $1.65 million and stays at that percentage for the length of the program. Council Member Reid asked the cost to the taxpayers. Town Council Work Session of January 22, 2008 Page 7 Mr. Butts stated the cost to the taxpayer would be $196,000 the first year to fund the trust. By year four the cost is $1.65 million if the benefits are capped. Further, by 2025 the cost will be $4.3 million per year. Council Member Reid asked what the County and other municipalities are doing. Mr. Wells stated the question isn't what this will cost us; rather, the question is what will this approach save us. He stated the first step of capping retiree premium costs for employees hired after June 30th we are shifting the burden from the Town to the employees who will retire 20 years out. He stated this is not the most expensive approach, staff looked at how to minimize the burden to the taxpayers; thus, we are looking at capping the premium cost as an actual dollar amount. Council Member Reid stated capping the premium cost will benefit the employees too. Mr. Wells clarified the cost to the Town is the amount being capped while the employee will pay the difference between the capped amount paid by the Town and the actual premium cost. Council Member Reid stated he would like to see what the County and other Towns are doing. Mr. Wells stated we are ahead of most localities. f. Truck Weight Limits Council Member Reid stated the Standing Residential Traffic Committee has discussed this issue. He stated the Tavistock Farms HOA sent a letter in the spring asking for the creation of a residential parking zone; however, the request was denied because the letter was not signed. He stated the Police Department has suggested establishing more definitive criteria and defining a commercial vehicle. Further, he asked Council to direct the Zoning staff to address this issue in their next batch of Zoning Ordinance amendments. Council Member Wright asked Council Member Reid for an example of the types of commercial vehicles parking in the Tavistock Farms neighborhood. Council Member Reid stated there have been a variety of vehicles including school busses, refrigeration and heating vans, and recently a large car carrying vehicle that was ticketed. He stated this issue is not unique to Tavistock Drive and should be addressed as a Town-wide issue. Further, he stated the HOA's attorney has determined the HOA has no authority in this matter. Council Member Wright expressed concern that this may have unintended consequences if the criteria is written too broadly and supported Council Member Reid's request for staff to review the issue. Council Member Hammier stated it is also important to consider the cost of enforcement. Town Council Work Session of January 22, 2008 Paqe 8 Council Member Martinez and Mayor Umstattd concurred with Council Member Wright's comments. Council supported the request for staff to examine the truck issue. g. BAR Annual Report Teresa Minchew, Board of Architectural Review Chairman and Susan Swift provided the Board of Architectural Review's annual report. Council Member Hammier stated she is looking forward to the joint Council/BAR meeting on January 31. Council Member Martinez thanked Ms. Minchew and the BAR for their efforts. He asked how many decisions were appealed this year. Ms. Minchew stated in 2007 three out of 88 decisions were appealed to Council. Council Member Hammier thanked the BAR for their efforts. Council Member Wright stated he is looking forward to the joint meeting next week. He stated only 23 of the H-1 applications presented to the BAR were approved on the first submission. Ms. Minchew stated many of the applications normally approved on first review are the ones that are being transitioned to administrative approval. She stated frequently they receive applications that could have been approved immediately had they been better prepared. Council Member Wright stated he noted the Board is preparing to hold another community meeting on the BAR guidelines before they move through the approval process. Ms. Minchew stated the BAR wants to ensure that all residents have had the opportunity to share any concerns they may have. Council Member Reid verified 47 percent of the administratively approved applications are sign approvals with the majority being for the H-1 District. He stated Council revised the sign guidelines a couple of years ago; however, there are still a large number that are reviewed by the BAR. Further, he stated the BAR has held 19 work sessions on the design guidelines and asked if the process should have been handled differently or is it normal to hold so many work sessions. Ms. Minchew stated she is not sure the design guidelines were handled in the best way; however, that goes back to stage one and the level of funding that was allotted. There was further discussion regarding the design guideline process. Council Member Reid asked the BAR to consider the idea of removing Council from the appeals process and having the appeals go directly to a mediator or to court. Town Council Work Session of January 22, 2008 Paqe 9 There was further discussion regarding sign review and BAR workload. h. Street Lighting for Woodberry Road Calvin Grow stated staff reviewed the lighting on Woodberry Road. He stated staff found there were a number of old-style lights on Woodberry Road and North Street and staff has submitted a request to Dominion Virginia Power to provide a cost estimate to upgrade the lights to the current standard. Further, he stated usually when the lights are converted there is fee of $300 dollars per light and the Town does have funds in the budget to cover the conversion. Council Member Wright stated Ms. Sandy Kane mentioned she would like to ask a question regarding this issue. Ms. Kane stated she was startled to hear of the recent homicide in this neighborhood as it is a safe community. She stated she drove around the Town this evening before the meeting and noted a number of poorly lit areas. She stated if Council is to spend taxpayer dollars on this issue then a study should be done to review the lighting on all of the streets in Leesburg. Mayor Umstattd thanked Ms. Kane for her comments. She suggested the Town upgrade the lighting on Woodberry Road immediately and conduct a study to look at the street lighting throughout the Town. i. Greenway Toll Bill There was no Council discussion of this item. 3. For information only: Preview Topics for February 12, 2008: There was no discussion of the following items: a. Preview for minor subdivision regulation changes b. Noise Ordinance changes c. Loudoun Street park concept options d. Budget Preview e. Utility Rate Advisory Commission recommendations Adjournment On a motion by Council Member Martinez, seconded by, Co Hammier, the meeting adjourned at 10:02 p.m. 2008_tcwsmin0122