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