HomeMy Public PortalAbout2008_02_25
Council Work Session
February 25, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kathryn Sheldon Hanmler, Susan Horne, Marty
Martinez, Kevin Wright, and Mayor Umstattd
Councilmembers Absent: Ken Reid, David Schmidt
Staff Present: Town Manager John Wells, Deputy Town Attorney Jeanette Irby,
Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich,
Assistant to the Town Manager Scott Parker, Chief of Police Joe Price, Director of
Planning, Zoning and Development Susan Swift, Director of Engineering and Public
Works Tom Mason, Director of Utilities Randy Shoemaker, Director of Capital Projects
Management Nagi Elsewaissi, and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. Questions on Tuesday Agenda Items
Council Meeting of February 26, 2008
a. Declaring that a Public Necessity and Use Exist, Authorizing an
Offer to Acquire Easements from PIN 147-27-1333-000 for the
Battlefield Parkway-Edwards Ferry Road to Fort Evans Road
Project and Authorizing Condemnation if the Offer is not
Promptly Accepted
Nagi Elsewaissi stated the appraisal has been completed and the Town
is ready to make an offer. Council Member Wright confirmed the $380,000
appraisal and the contract award amounts are within budget expectations.
b. Awarding the Battlefield Parkway - Edwards Ferry Road to Fort
Evans Road Clearing and Storm Drainage Construction Contract
Mr. Elsewaissi noted the developer of the Uniwest Property is offering
to make a gift of fill dirt valued at $750,000 if the Town is able to accept the
dirt quickly. Mr. Elsewaissi stated the fill is necessary for the Town's portion
of the road construction. The gift is time sensitive because Uniwest has a
number of obligations to tenants to complete the project for a June/July
opening.
c. Awarding the Wayfinding System Historic District Gateway and
Special Event Sign Poles Construction Contract
Council Member Wright asked for a rough quote on the price for the
banners.
d. Initiating Zoning Ordinance Amendments Authorizing the
Planning Commission to Grant Waivers to Certain Provisions of
the Zoning Ordinance for a Limited Period of Time where there
is a conflict between the Current Regulations and the Town
Plan
Susan Swift stated these waivers would allow the Planning Commission
more flexibility. She noted the authorization for granting waivers has been
set at one year since the changes to the Zoning Ordinance to bring it in line
with Town Plan objectives should be completed by that time.
Town Council Work Session of February 25. 2008
Page 2
Vice Mayor Horne questioned how the applicant would know these
waivers are available and confirmed that a public hearing would be held prior
to the Planning Commission granting any waivers.
Ms. Swift stated there would be a footnote to the table directing the
applicant to the possibility of a waiver as long as certain criteria were met.
She noted any waivers would require a public hearing.
Council Member Hammier questioned when the changes to the Zoning
Ordinance would be completed.
Ms. Swift stated staff expects the Form Based Code to be adopted
within the next nine months and the B1-B2 zoning changes to be adopted
around the same time.
Mayor Umstattd stated she is not comfortable giving the Planning
Commission more authority. She requested information on the scope of
impact to residential zoning districts.
e. Initiating Town Plan Amendments
David Fuller stated this would initiate the amendment process which
would make the Town Plan easier to interpret.
f. Initiating Various Amendments to the Zoning Ordinance for
Article 3, Article 5, Article 9, Article 15, and Article 17 of the
Leesburg Zoning Ordinance
Brian Boucher stated this would initiate the next round of Zoning
Ordinance amendments including affordable dwelling units and addressing
overcrowding.
2. Work Session Items for Discussion
a. Council Discussion of Utility Rate Advisory Committee
Recom mendations
Council Member Martinez stated the Advisory Committee members did
not deserve criticism.
Council Member Hammier stated she felt very strongly the Council
should not act until the litigation is settled. She noted there needs to be
changes in the Town's accounting procedures. Water costs for Town facilities
are not being transferred to the Utility Fund. She stated this could be a factor
in the negotiations with the County over Ida Lee fees for out-of-town users.
Council Member Wright agreed since the Utility Fund pays the General
Fund for cost of services used, i.e. billing, the General Fund should reimburse
the Utility Fund for water used at Town facilities.
Council Member Wright asked for an update on the Water Rate
litigation.
Jeanette Irby stated the latest report from Counsel shows the case will
not be heard until the April to June time frame.
Town Council Work Session of February 25. 2008
Paoe 3
b. Council Discussion of BAR Joint Meeting
Council Member Martinez questioned what the BAR would like Council
to work on fi rst.
Vice Mayor Horne asked staff to look into Best Practices used in other
jurisdictions with Architectural Review Boards. She noted sending the
applicants to the BAR early creates extra cost and effort for the applicant.
Council Member Hammier stated the Council should not be part of the
review process.
Council Member Wright noted by sending the applicant to the BAR
before land use issues have been decided, it puts the BAR in the
uncomfortable position of being a planning commission.
Mayor Umstattd noted she did not have an issue with BAR/Planning
Commission reviews occurring simultaneously. She noted Council should
have final say and recommended the Council not give up appeal authority.
She questioned what cost would be to enforce BAR approvals.
Susan Swift noted enforcement isn't always seen as business friendly.
She questioned how proactive Council wanted to be with enforcement. She
stated a lot of BAR approvals do not require a permit, so there is no
systematic way to catch things tied to BAR approvals.
c. Immigration Coalition
Council Member Wright asked to defer discussion on this item until
Council Member Reid could be present to take part.
d. Initiating Changes to Board and Commission Liasions
Council Member Hammier noted there is no requirement for
attendance in the Town Code.
Mayor Umstattd stated Council should not be forced to accept liaison
positions.
Vice Mayor Horne stated a mechanism needs to be developed to keep
Council informed of activities of Boards and Commissions. She suggested
Council receive minutes from each Board and Commission.
Council Member Martinez noted the EDC had developed a five bullet
point update suggestion.
Council Member Hammier stated it is important to amend the Town
Code to make sure there is not a public expectation of Council attendance at
liaison meetings.
Council Member Wright suggested merging some of the Boards and
Commission to reduce the number of liaisons necessary and save money
during this tight budget year.
Jeanette Irby noted the Town Code includes all the Boards and
Commissions, but the state does not require any boards or commissions.
Town Council Work Session of February 25. 2008
Page 4
Mayor Umstattd stated she had met with members of staff and Liz
Whiting to determine how the Northwest Passage Study funding could have
been avoided.
e. Light at Heritage High School
Tom Mason stated when the land for the high school was brought into
the Town, the road in front of the high school was not. Therefore, any
request for a signal must be made to the Virginia Department of
Transportation through Loudoun County. He noted there are plans to
lengthen the turn lane, which will help, but not alleviate the problem.
Further, he stated the problem has worsened with the opening of the
Battlefield Parkway ramp onto the Greenway.
Council Member Martinez questioned whether the light at Tolbert
would be removed.
Mr. Mason stated at this time, there are no plans to remove the light
at Tolbert since the school board requested it remain to allow bus movement
at Simpson Middle School. He noted the lights at Battlefield Parkway and
Tolbert are electronically connected to work together.
Council Member Hammier questioned using a timed light that would
flash yellow when not in service at peak times for school ingress/egress.
Mr. Mason noted when lights are not operated all the time, drivers
tend to ignore them. He cited the example of the use activated light on
Catoctin Circle at the W&OD Trail. Further, he stated the speed limit is higher
on Evergreen Mill Road, thereby causing the likelihood of drivers not stopping
for the red light to increase.
f. Additional Leesburg Post Office
Mr. Wells stated there is no money in the Federal budget for an
additional Leesburg post office. At this time, a location has been selected for
a carrier center, but neighborhood opposition to the selected site is slowing
down efforts to move the carriers.
Council Member Wright recommended identifying a list of
industrial/flex space available within the Town to accommodate a carrier
center in case the location in Ashburn is not approved.
3. For information only:
Preview Topics for March 11, 2008:
There was no Council discussion of the following items:
a. Public Hearing - Special Exception TLSE 2007-0005 Offices at
Georgetown Park
b. HR Manual Update
4. New Business
a. Council Member Martinez asked that a Council Member, an EDC
member or staff attend one of VML's Go Green meetings.
Town Council Work Session of February 25. 2008
Paoe 5
b. Council Member Hammier requested the Town thank the parties
responsible for bringing the Aurora School to the Paxton site.
Adjournment
On a motion by Council Member Martinez, seconde~ b~ :v'iCU..... Ma
meeting adjourned at 9:28 p.m. : i
\ i "
i /
Clerk of Cqx( cil
2008_tcwsmin0225