Loading...
HomeMy Public PortalAbout2008_02_11 Council Work Session February 11, 2008 Council Chambers, 25 West Market Street, 7: 30 p.m. Mayor Umstattd presiding. Councilmembers Present: Katie Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, David Schmidt, Kevin Wright, and Mayor Umstattd Council members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich, Chief of Police Joe Price, Director of Planning, Zoning and Development Susan Swift, Director of Engineering and Public Works Tom Mason, Co-Director of Parks William Ference, Chief of Current Planning Lee Phillips, Economic Development Manager Marantha Edwards, Director of Finance Norm Butts, and Deputy Clerk Debi Parry. AGENDA ITEMS 1. Questions on Tuesday Agenda Items Council Meeting of February 12, 2008 a. Public Hearing - Special Exception TLSE 2007-0013 Washington Post Distribution Facility Council Member Reid questioned why they need a special exception for existing office space. He questioned whether the County requires a special exception to allow a warehouse use in a similar zoning class. He questioned how long this application has been in the process. Susan Swift stated the warehouse component requires a special exception in this zoning district. She stated the application was submitted in November and they are ahead of schedule. b. Public Hearing - Amending Article 1, Chapter 11 of the Code of the Town of Leesburg by Adding a New Section 11-17(0) Night Construction Activities Mayor Umstattd noted Mr. Paul VanZandt had sent an email asking the Council not to extend construction activities. Nagi Elsewaissi stated his presentation would be available for tomorrow night's meeting. He stated this change is necessary to allow construction of some projects that would cause delays or problems if done during the day. He stated very few projects would fall into this category and noted any residents would be fully informed. Council Member Schmidt questioned whether Mr. Wells would be personally involved with each instance of night construction activities. Mr. Well stated he would get input from the staff, but would be directly involved in making the decision to allow night construction. Council Member Wright questioned whether the Town is currently in compliance with the Code when performing night milling and paving activities. Town Council Work Session of Februarv 11. 2008 Page 2 Mr. Mason stated night milling and paving is usually only performed on the bypass and not in residential areas. He stated they have never received complaints regarding night paving. He stated the alternative of paving during the day on the bypass would cause traffic problems. Council Member Reid stated a paragraph should be added that the Town will endeavor not to have these kind of activities in residential areas. He questioned what could be done to minimize the impact on predominantly residential areas. Mr. Elsewaissi stated they will coordinate with residents in all instances. He stated they do the most noise producing activities in the early evening, rather than the middle of the night. He stated they would manage their activities to cause the least disturbance. Mayor Umstattd questioned how this ordinance can pertain to Town capital projects and not private development. Ms. Irby stated the night construction has to be for public improvement and provide for public safety. Council Member Schmidt stated adding the notification clause to the ordinance would help. c. Public Hearing - Amending the Town Code to remove two parking spaces at 19-21 N. King Street for Egress of a Private Driveway Tom Mason stated they could not find a way to reduce the number of parking spaces that would need to be removed to less than six. Council Member Reid stated this is too many spaces to lose. He suggested only removing two spaces and having a loading zone. d. Public Hearing - Amendments to Division 2 of the Subdivision and Land Development Regulations Lee Phillips stated this public hearing is a step to bring back the minor subdivision process. He stated it was in the regulations for about 20 years and it was eliminated about a year ago due to a legal interpretation that was made at that time. He stated the legal interpretation has been reversed. Council Member Wright questioned since required frontage improvements would preclude use of this section, whether waivers to those requirements would be allowed. Mr. Phillips stated if a waiver to frontage improvements was issued, then the applicant could go through the minor subdivision process. e. Public Hearing - Elderly and Disabled Tax Exemption Mr. Butts stated the three issues related to this public hearing are all housekeeping issues. He stated the County administers this program for the Town and they have made a small change in their regulations. He stated that it is not anticipated that the additional tax exemption dollars will be significant. He stated currently, the exemption costs the Town about Town Council Work Session of Februarv 11. 2008 Paqe 3 $120,000 per year. He stated the second item changes the due date for real estate taxes and personal property taxes for public service corporations. He stated currently these are due at the same time residential and commercial taxes are due, which is in June and December. He stated the estimates for these taxes do not come out until August. He stated they had contacted all the public service corporations and they have no objection to this change. He stated the third housekeeping issue deals with the supplemental billing of personal property taxes. Council Member Hammier asked that the change be communicated to the public. f. Public Hearing - Amending and Reordaining Section 6-2 (Voting Places) of Chapter 6 (Elections) of the Code of the Town of Leesburg Ms. Irby stated this cleans up a previous problem and makes sure the public hearing is advertised twice. She stated the only voting place that is changing is the Fire Station to Ida Lee. She added this is for all elections, but not for tomorrow's primary. She suggested a sign to direct voters to the new location. Council Member Hammier suggested a shuttle between the two locations. g. Public Hearing - BAR Appeal of TLHP 2007-0049 Offices at Georgetown Park Mayor Umstattd stated this item has been deleted. h. Resolution - Implementation of GASB45 (General Accounting Standards Board) Mr. Butts stated this is essentially health insurance coverage for retirees. He stated the resolution for consideration will do three things, 1) cap the post employment benefit in health insurance, 2) authorize the Town to fully fund the (Other Post Employment Benefits) OPEB liability in four years and, 3) authorize the Town Manager to advertise for consulting services, essentially a trust fund for OPEB benefits. i. Making an Appointment to the Cable Television Advisory Commission. Council Member Hammier stated she was nominating Marc LeMaitre. j. Making Appointments to the Crescent District Form Based Code Steering Committee Vice Mayor Horne stated there are still openings for some of the positions on the Commission. Council Member Reid suggested going back to the speakers list for the public hearing in Spring of 2006 to look for possible interested residents. k. Making amendments to Councilmanic Appointments Mayor Umstattd stated since it is difficult for Council Members to attend all the meetings required, the Town Code should be amended to replace "shall" with "may" appoint liaison positions or eliminate the liaison Town Council Work Session of February 11. 2008 Page 4 position entirely. She stated many jurisdictions do not have council liaisons to various citizen commissions. She stated there is a public expectation Council will attend a high number of Board and Commission meetings. Council Member Martinez suggested a quarterly report from each commission. Further, he suggested reducing or combining some of the commissions to reduce the number of meetings. Council Member Schmidt stated he did not want to have an overreaction. He noted during his previous tenure on the Council, he did not feel there was an expectation of attendance at commission meetings. He stated he felt he was a resource to the commission. He stated the commission members knew they could call or email whether he attended the meeting or not. He added he would be happy to be a resource for Balch Library and supported Council Member Martinez' suggestion of consolidation. Council Member Hammier stated she feels it is each Council Member's responsibility to stay in close contact with their appointed committee member. Council Member Reid asked to name an alternate to the Northern Virginia Regional Commission (NVRC). He stated the NVRC will become the planning advisory committee for NVTA. He stated they will have an extra meeting. He volunteered to be the alternate to Mayor Umstattd on the NVRC. 2. Work Session Items for Discussion a. Loudoun Street Park Concept Options Bill Ference stated early last year the Loudoun Street Task Force looked at Loudoun Street focusing on the area behind the parking garage. He noted they had recommended the vacant areas on either side of the entrance to the parking garage be pursued as possible locations for public/private partnership. He stated this is a valid idea, which should be pursued. He noted he had been asked to take a look at possible alternative uses for the site, primarily focusing on public spaces. He stated he had developed six concepts. He stated the basic theme between all six concepts is the link between the alley and the museum/rose garden area. Mr. Ference explained the idea behind each concept. Council Member Schmidt stated all the concepts are interesting. He questioned the impact of traffic coming in and out of the garage. Mr. Ference stated traffic would be a consideration. Vice Mayor Horne stated a number of citizens have said they would like to preserve the open space. She stated she supports the benefits of more economic activity along Loudoun Street. She stated she asked Parks and Recreation staff to come up with some visual images of what could be done. She commended Mr. Ference for his work. Town Council Work Session of Februarv 11. 2008 Paqe 5 Council Member Martinez stated these are great options and he would like to see a mix of some of the concepts. He questioned how the fac;ade of the garage would lend itself to murals. Mr. Ference stated this could be done, but would need to be done ca refu Ily. Council Member Hammier thanked Mr. Ference for his drawings. She stated her initial concern is whether this is the cart before the horse. She stated they need to have a holistic approach with everything tying in and key feedback from the Downtown Improvement Association and the Downtown Business Association. Council Member Wright stated he agreed wholeheartedly with finishing the lot. He stated he would like to see a public/private proposal. Council Member Reid stated he echoed those comments. Mayor Umstattd stated she favored plans with benches for seating and a fountain. Judy Kozacik. 7 Wirt Street, N.W., stated she and her husband own the Thomas Birkby House located at 109 Loudoun Street. She stated this area is underutilized. She stated she feels it should be maintained as greenspace for a park. She stated parks create a break in concrete and pavement and improve the city environment. She stated greenspaces give a human dimension to a town. She stated the number of city parks is growing. She stated we have an opportunity to save the last remaining area in downtown Leesburg that can be a park. She stated the most successful parks are easily accessible to pedestrians. She encouraged Council to keep this space as a park for the community. She suggested a survey. Council Member Reid stated the green area near the Liberty Street lot might be more conducive to a park. Ms. Kozacik stated the Loudoun Street site is more accessible to citizens. She stated Liberty Street is set off too far. Council Member Reid stated there is an opportunity to incorporate what she is suggesting with some development. He stated he is struck by the ULI recommendation to tie that project in with the alley. He stated the alley is also potential open space. Vice Mayor Horne stated a meeting could be scheduled between interested parties to talk about the different options. She stated DIA has something else in mind, but there may be ways to incorporate both concepts. Council Member Wright asked for communication to all stakeholders. He stated he did not want to create the impression that there is money in the Capital Improvements Program (CIP). Council Member Hammier stated the timing is perfect. She stated we can look at the important ideas from the Urban Land Institute and take those Town Council Work Session of Februarv 11. 2008 Page 6 into account as part of the budget process. She stated we are all heading towards the same vision for revitalizing the downtown. She stated soliciting public/private partnership on some key priorities will create a direct impact in an economic way. She stated we should get all the stakeholders together. b. Memorial Grove Mayor Umstattd stated this is the brainchild of Jay Banks. Bill Ference stated the thinking was that this project should be implemented by the anniversary date in April. He stated there will be 32 trees in honor of the 32 individuals who lost their lives at Virginia Tech. He noted two different species will be used. He stated some are lower, ornamental trees and some are larger shade trees. He stated these would be located at the intersection of North King Street and the Ida Lee Trail that runs along the perimeter of Ida Lee Park and Union Cemetary. He stated there would be a small seating area with a low stone wall and a plaque. He noted they were unable to get the "Hokie" stone used at Virginia Tech, but they had found a close match. He stated they were given about $16,000. He stated this would be completed by the first week of April with the dedication ceremony set up for the anniversary date. Council Member Schmidt stated it looks very appropriate. He questioned if there is a way for the Virginia Tech architectural students comment on this plan. He stated he did not want them to feel like they have been bypassed. He stated he understands the point of trying to get this done on time. Vice Mayor Horne stated she would like to invite all the victim families, alumni, current students and families. She stated it would be nice to put something in the paper in Blacksburg. She stated an open invitation would be very nice. Mr. Ference stated he has spoken to the Director of External Events at Virginia Tech. Council Member Martinez questioned when the ribbon cutting would occu r. Mr. Ference stated it is planned for April 12. Council Member Martinez questioned whether it would be better to put if off so as not to coincide with other events at Virginia Tech. He stated he agrees with Vice Mayor Horne that an invitation to the families is appropriate. Council Member Hammier stated including the Blacksburg Council would be appropriate. She added that the event should be as close to the anniversary date as possible. Council Member Wright stated the Parks and Recreation Commission has discussed looking for donations from the private sector to offset costs. Mr. Ference stated along with invitations, outreach to businesses and individuals who have expressed an interest will be performed. Town Council Work Session of Februarv 11. 2008 Paqe 7 Council Member Reid stated this is a wonderful remembrance. He stated all of Virginia was connected to that tragedy. He stated he is very appreciative that this is getting off the ground. He stated it is a wonderful time to get contributions to the tree bank and for the memorial grove. He stated the Town is in great need of tree canopy. Mr. Ference stated the date of the event will be inscribed on the plaque, which is being ordered now and added that a change in date should be made as soon as possible. Mayor Umstattd stated she does not want to delay this. She stated her personal feeling is April 12 is appropriate. Council Member Hammier questioned whether each victim's name will appear on the plaque. Mr. Ference stated the plaque is a very simple statement stating this grove is in memory of the 32 individuals who lost their lives in the tragedy at Virginia Tech. Mayor Umstattd stated this is the best way to go. She stated some of the families may not want the names of the victims on the plaque. c. Budget Preview Mr. Wells stated they would be going over a good portion of the financial framework that has guided the development of this year's budget. He stated this will be an overview of the revenue picture, assessments and where the tax rate may go in light of the preliminary discussions. He stated this has been the most challenging budget since he came to the Town. He stated they have a number of safety nets in place, which he would like to hold onto since he anticipates Fiscal Year 2010 will be worse. Mr. Wells suggested they look at the homeowner's tax bill and the impact of the overall economic situation in the community. He stated they are trying to be mindful of not creating a larger burden than necessary on the homeowner's tax bill. He stated that direction from Council to maintain the level of service to the community has been taken into account. He stated the State budget situation continues to deteriorate. Norm Butts went over details of the revenue side of the budget. He called Council's attention to differences in assessed properties between 2007 and 2008. He stated the bottom line is assessments are down about 3.9%. Mr. Butts noted that the commercial tax base continues to grow at 21.3% of the tax base. Council Member Wright questioned why the total number of parcels in the single family detached category went down. Mr. Butts stated there has been some shift in the way the County classifies residences. Further, he noted that some condo units have been converted to apartments. Town Council Work Session of February 11. 2008 Paqe 8 Council Member Hammier questioned how the increasing foreclosures have impacted the budget. Mr. Butts stated he did not have any information from the assessor's office. He noted some anecdotal evidence of a greater number of foreclosure notices. He stated the taxes would be eventually collected during the foreclosure process. Mr. Wells stated this raises the possibility of impacts in FY 2010. He stated a larger supply than demand may cause the market to remain depressed. Mr. Butts stated the equalized tax rate is $0.192. He discussed the implications of different tax rates on the ave.rage homeowner's tax bill. Mr. Wells stated the proposed budget is based on a tax rate of $0.1875. He noted this would result in a net decrease for the average homeowner in Leesburg. He stated staff has tried to look at what happens with the tax bill, not assessments or rate. Council Member Wright asked staff to give him a comparison of tax bills for the "average homeowner" for the past three to five years. Council Member Martinez questioned whether properties coming on line in a year or two had been taken into account when preparing this budget. Mr. Wells stated some of them had been taken in to account. He noted most of the larger revenue estimates would probably have an effect in FY 2010. Council Member Reid stated he is concerned the Board of Supervisors will be raising their tax rate. He strongly urged his colleagues to come up with some cuts to lower the tax rate. d. Legislative Update 1. Expressinq SUDDort for the Metrorail Extension to Dulles AirDort and Loudoun County Mr. Wells stated a resolution in support of the Metrorail extension to Dulles Airport is included for consideration by the Council. Mayor Umstattd reviewed the resolution. Council Member Wright stated he would support a resolution bringing Metrorail to Dulles Airport and into Loudoun County. Council Member Reid stated he has fought this project in the past. He stated this project provides no transportation benefit to Loudoun County residents. He stated he did not feel the Town should weigh in on this issue at all. He stated the Town did oppose the sneaky effort by the project team to cancel the express bus service and re-route them all to the bus line. He stated he would appreciate withdrawal of this item, unless something in the resolution stipulates the Council does not support the government center at Moorefield Town Council Work Session of February 11. 2008 Paqe 9 Station. He stated the Council should be willing to go on the record to support the toll increases and BPOL tax increases that would be necessary to extend this all the way to Loudoun County. Council Member Hammier stated at some pOint the Federal government needs to make more specific decisions about investing in infrastructure, which may free up enormous amounts of funds. She stated we need to stay focused on the point that we need mass transit. Council Member Schmidt stated he supports the broad concepts. He stated he did have a discussion with Delegate May who sees this coming to a public/private agreement that may rescue the deal. He stated he would like to see it broad, to allow for public/private partnership. Vice Mayor Horne stated she agreed about the broadness. She stated the Loudoun County piece needs to be taken out. She stated they need to focus on the issue at hand right now. She stated this offers support for the Metropolitan Airports Authority (MWA). Council Member Reid commented that tolls on the toll road would have to be increased to pay for this project. Mayor Umstattd recognized John Drury, in the audience. John Drury stated he is a bus commuter and Chairman of the County Commuter Bus Advisory Board. He stated much of the Commuter Bus funding comes from Gas Tax rebates from the Commonwealth of Virginia. He stated the Loudoun County Board of Supervisors requires that the bus recovers at least 50% of the cost of the fare. He stated if rail comes to Loudoun County, they will lose the gas tax money which will be switched to rail. He noted the system is good, but overburdened and growing. Council Member Hammier requested that the motion tie back to Leesburg. She stated she loves the commuter bus system, but Council needs to look at a diversity of options for a lot of reasons, not the least of which is carbon fuel. Council Member Reid stated that a clean fuel bus burns less fuel than a Metro rail car. He stated Metro burns enough coal to light approximately 40,000 households. Vice Mayor Horne suggested using portions of the County resolution to express the Council's support of the economic development impacts of this project. Council Member Reid stated that Chairman York's comments in the newspaper regarding the number of cars that would be taken off the road if this project were completed was irresponsible. He stated the highest ridership figures are based on high density land use at all stations. He stated the transportation benefits of this project are Town Council Work Session of Februarv 11. 2008 Page 10 wildly inflated. He stated additional buses in service will act like rail cars and should be getting more attention from the Board of Supervisors. 2. Urginq the Virginia State Senate to continue Senate Bill 768 to the 2009 session. Mayor Umstattd stated this Bill would basically eliminate the current cash proffer system and replace it with a system of very low impact fees. Vice Mayor Horne stated there was a lot of pressure on the legislators at the Virginia Municipal League conference last week to look at this issue in much greater detail. Council Member Wright stated the idea of going away from proffers and going to a predictable impact fee makes sense, but even if you put Loudoun County and Fairfax County side by side and allow us to calculate our impact fee, both fees would be different. Fairfax is built out as far as schools, so building a new house in Fairfax is not the same as building a new house in Loudoun. He stated this issue certainly needs more studies. He stated the local option model for transportation impact fees might be more feasible. Council Member Martinez stated the Town needs to be able to regulate what the impact fees will be and how they will impact our jurisdiction. e. Support for LARC and their Endeavor to Relocate the Aurora School for Disabled Children Mayor Umstattd stated she and Council Member Hammier spoke with members of LARC's Board of Directors in relation to the Paxton site. Council Member Martinez stated he was very happy that the lease had been signed. He stated Council should do whatever they can to help them out. Council Member Hammier questioned whether the lease deals with the rest of the Paxton property. She requested the resolution show that this use is in keeping with the will of Mrs. Paxton for the entire property to serve disabled children. Council Member Wright noted this support is not meant to undermine the special exception process, but indicate Council support for them entering the special exception process and the goals the LARC Board and Paxton Trustees have set forth for the property. Council Member Martinez noted this support is not meant to undermine the Trustees and their intent either. He stated he was grateful for this decision by the Trustees. Council Member Reid stated he was grateful as well. He stated he is shocked that LARC would have to go through a special exception for a school, when there is already a school on the site. He cited the example of Elijah's Town Council Work Session of February 11. 2008 Paqe 11 Gate. He stated he did not understand why special exceptions are required when it is the same or similar use. He stated he wished to exempt them from the special exception process. He stated he is not willing to exempt them on the BAR requirements. He stated the number of special exceptions required in the Town is ridiculous. He questioned whether there is anything that can be done to obviate them of the special exception. He cited this as an example of over-regulation. Mayor Umstattd stated the Council could amend the Zoning Ordinance to make this a by-right use that would not require special exception. She stated the Zoning Ordinance amendment process may take longer than an expedited special exception review. Council Member Reid suggested doing this simultaneously. He asked the zoning staff to look at this during the rewrite of the Zoning Ordinance. He stated if there is a school operating in the facility, even if it ceases being a school, it should relieve them of having to obtain another special exception. Council Member Wright stated he would caution that there might be instances where the school use wasn't well received in the neighborhood. He stated Council Member Reid brings up a good point since nothing about the site, property or use has changed, the "lull" provision needs to be reviewed. f. Development Process Update Mr. Wells outlined a memo highlighting the eleven points that were identified in the November 14 endorsement of recommendations for improvements to the development process is included in their packets. Mr. Wells stated at the first meeting of every month, Council will automatically be updated on economic development issues. He stated he has hired the staff in the Manager's office, reorganizing the Economic Development Department. He stated they are meeting on a somewhat regular basis with Mr. Burnett and others from the Downtown Improvement Association (DIA). He stated Design and Construction Standards Manual updates and Zoning Ordinance updates are forthcoming. He stated they have no specifically implemented the project manager system yet, but are in the process of implementing it. Vice Mayor Horne stated this goes a long way to communicate a much more proactive and customer-friendly approach. Council Member Hammier stated Council needs to establish what are the priority projects. She stated she would like to see policy recommendations for Council. Council Member Wright stated he is glad to see the updates. He requested that developers contact the Town Manager if they have problems in the development process. He questioned when the overland relief component of the Design and Construction Standards Manual will be coming up. He asked to see a report what the increased requirements the Town uses costs in project dollars. He questioned where the low impact stormwater management procedures are. He discussed the use of Engineers and Surveyors, Inc (ESI). He stated he was intrigued as to the value of this service. He stated he would like to see a comparison of ESI projects and non- ESI projects. Town Council Work Session of February 11. 2008 Paqe 12 Council Member Reid questioned when the increased penalties for overcrowding would come before Council. Mr. Wells stated he believed they would be in the third batch of Zoning Ordinance amendments. Council Member Reid stated he would like to see a process change. He stated he would like to see a discussion of what can be done with the site plan review process, particularly regarding ESI and the cycles of review. He requested documentation with regards to the Wolf Furniture project. Mayor Umstattd complimented Mr. Wells, Susan Swift and her staff for acting so quickly to be business friendly towards Liberty Tax Service in their request that their Statue of Liberty be permitted to carry a sign without going through a complicated process. She stated this is a good step in the right direction. f. Verbal update on the Fire Station Mediation Mr. Wells reported that both groups have met individually with the mediator. There have been some scheduling challenges that they have worked through. He stated they are working to meet in the next week or so. He stated the mediator reports that both groups are anxious to talk to each other and try to bring about some resolution. He stated there is nothing specific to report yet. Council Member Hammier requested a new agenda item of an official staff analysis and debrief on the Urban Land Institute Session. Mr. Wells suggested that the full report be received prior to the debrief. Vice Mayor Horne asked that a new business item be added to Tuesday's meeting, communicating the interest of Leesburg in a partnership between Leesburg and George Mason University. 3. For information only: Preview Topics for February 25-26, 2008: There was no Council discussion of the following items: a. Board and Commission Liaisons b. Drought Assessment Plan c. BAR Update 4. Closed Session: To discuss a personnel matter regarding the Town Attorney position On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following was proposed: Town Council Work Session of Februarv 11. 2008 Paqe 13 MOTION Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss a personnel matter regarding the Town Attorney position. The motion was approved by the following vote: Aye: Hammier, Horne, Reid, Martinez, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 The open meeting reconvened at 11:00 p.m. and the following motion was made by Mayor Umstattd, seconded by Council Member Martinez: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, 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 closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following vote: Aye: Hammier, Horne, Reid, Martinez, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 Adjournment On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting adjourned at 11:00 p.m. 2008_tcwsmin0211