HomeMy Public PortalAbout2008_05_27Council Work Session
May 27, 2008
Council Chambers, 25 West Market Street, 7:30 p. m. Mayor Umstattd presiding.
Councilmembers Present: Katie Sheldon Hammler, Marty Martinez, Ken Reid,
David Schmidt, Kevin Wright and Mayor Kristen Umstattd
Councilmembers Absent: Vice Mayor Horne absent.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy
Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich, Director of
Engineering and Public Works Tom Mason, Director of Capital Projects Management
Nagi Elsewaissi, Police Captain Jeff VanGilder, Economic Development Manager
Marantha Edwards, Deputy Cierk of Council/Management Specialist Debi Parry
AGENDA ITEMS
1. Questions on Tuesday Agenda Items
Council Meeting of May 27, 2008
a. Making an appointment to the Economic Development
Commission
Mayor Umstattd stated she is nominating Eunggil Choi to the Economic
Development Commission. Further, she stated Marion Wolf has resigned from
the Tree Commission and she is currently looking for a replacement.
b. 250th Anniversary Celebration
Council Member Wright asked if it is urban legend that the Declaration
of Independence and other documents were housed here during a war.
Mr. Wells stated it is true that the documents were housed here.
Council Member Wright asked that the information be added to the
resolution.
Council Member Reid asked staff to add the names of civil war
generals who made a contribution to the Town.
Mr. Wells stated the individuals listed in the resolution lived in the
Town at some time. He stated if there are individuals of note who lived in
Leesburg they could be added.
c. Authorizing Offers to Acquire Easements and Condemnation if
Offers are Not Promptly Accepted for County Club Estates
Drainage CIP
Council Member Hammler asked the status of the easement.
Mr. Elsewaissi stated passage of the resolution will allow staff to make
an offer for acquisition of the easement.
d. Awarding the Water and Sewer Line On-Call Services
Construction Contract
Town Council Work Session of May 27, 2008 Paqe 2
Council Member Wright verified the cost is in line with budget
estimates.
e. Authorizing the Town Manager to Execute Federal Aviation
Administration and Virginia Department of Aviation Grants for
Environmental Documentation Required in Connection with
Acquisition of Property on the Southwest Side of the Airport
Council Member Wright verified neither of these actions relate to the
40 acres and asked staff to provide an update at an appropriate time.
Council Member Hammler clarified this acquisition is 90 percent funded
by the Federal Aviation Administration.
f. Authorizing the Town Manager to Execute Applications for
Federal Aviation Grants for Land Acquisition Consulting
Services Required in Connection with Acquisition of Property
within the North Runway Protection Zone of the Airport
There was no Council discussion of this item.
2. Work Session Items for Discussion
a. Town Transportation Statement
Council Member Hammler stated it would be useful to zero in on where
we have designated Town funds specifically and highlight those numbers in
red.
Mayor Umstattd expressed support for that amendment. She stated
the letter indicates the Town has spent $14 million in Town funds and asked
that the number be put into context with our General Fund Budget total.
Council Member Reid asked if Council would support making specific
recommendations to the Governor. He stated he spoke with Delegate May
regarding whether the Transient Occupancy Tax (TOT) could be increased by
individual localities to generate transportation funds. He stated the General
Assembly is running out of options and sooner or later someone is going to
have to bite the bullet and it would be helpful if the various municipalities
would offer ideas. Further, he stated he will support the letter; however, it
would be nice if Council would come up with some ideas on items that could
be recommended to the Governor and our delegates.
Council Member Wright stated he agrees that we need a consistent
source of funding; however, he does not agree that the State Government
needs to give local governments power to build roads. He stated the problem
is the State is not taking care of their responsibility. He stated he does not
support the Governor's proposal to increase the Grantor's tax which could
hurt an already struggling housing market. Further, he stated he would
support an increase in the Sales and/or Gas Tax state-wide as any solution
needs to provide a consistent source of funding and it needs to be state-wide.
Council Member Hammler suggested allowing the Boards and
Commissions to provide input on this issue.
There was further Council discussion regarding funding options.
Town Council Work Session of May 27, 2008 Page 3
It was the consensus of Council to vote on the letter tomorrow night.
b. Councilmanic Liaison Code Changes
Council Member Martinez stated he supports the effort to consolidate
and rewrite these sections of the Code. He proposed an amendment to have
the Leesburg Representative on the Loudoun County Board of Supervisors
appoint the County representative to the Airport Commission. Further, he
asked that the Thomas Balch Library ordinance be written so that the
Loudoun County Board of Supervisors representative can be a Board member
or liaison.
Council Member Wright stated these code changes were his attempt at
consolidating the Code sections and simplifying the duties to make them
consistent. He stated the appointment criteria was made consistent for all
the Board and Commissions except the Planning Commission and BAR which
are required to be Town residents. He stated he would be happy for all of the
appointees to be residents; however, the requirements have been
consolidated to resident, business owner, property owner, or work in the
Town. He outlined several other amendments including Councilmanic
representatives and meeting reports by board and commission chairpersons.
Further, he stated he crafted language to combine the Cable and Information
Technology Commissions as their missions have begun to merge.
Council Member Martinez stated he would like the language regarding
the role of the Councilmanic liaison to reflect the need for the liaisons to be
resources and not voting members or active participants.
Mayor Umstattd stated the Leesburg Executive Airport and nearly half
the Town is located in the Catoctin District. She stated she would not want
to choose between the Leesburg and Catoctin District representatives to
choose individuals for the Thomas Balch Library and Airport Commissions.
Ms. Irby stated by law the governing body has to select an appointee;
the Council can not select a specific member to make the selection.
Council Member Schmidt thanked Council Member Wright for his work
on this issue. He stated as drafted the membership of the Thomas Balch
Library states four of the seven members must be Town residents. Further,
he stated in the past there have been a number of impressive County
residents who have served and stated he would not want to limit membership
to Town residents.
There was further discussion regarding the appointment criteria.
There was consensus to open up the appointment criteria for the
Thomas Balch Library Commission.
Council Member Schmidt asked that the ordinance reflect that
attendance is not mandatory for Councilmanic Liaisons.
Council Member Reid asked that attendance for Councilmanic Liaisons
be listed in the minutes only.
Town Council Work Session of May 27, 2008 Paae 4
Mayor Umstattd stated limiting where we have notice of something
makes it look like we are hiding something. She stated the attendance should
be public record. She stated the language Council Member Wright has drafted
is good and she is comfortable with it.
Council Member Schmidt stated there is nothing to hide from and the
language is clear that attendance is not mandatory.
Council Member Hammier asked that Council consider appointing a
Councilmanic Liaison and a secondary to ensure that someone will attend the
board and commission meetings if the primary liaison cannot. Further, she
stated if the chairpersons are providing monthly reports it may not be
necessary to have the board and commission reports section of our agenda.
Mayor Umstattd stated the reports could be incorporated in the Council
member comments and the board and commission report section could be
removed.
Council Member Reid thanked Council Member Wright for his efforts.
He stated specific language may need to be drafted for the Balch library and
Economic Development Commissions (EDC) to broaden the membership
criteria. Further, he asked if Council would support the additional language
for the EDC allowing for members who are employed in the Town.
Mayor Umstattd clarified Council Member Reid would Tike to see the
General Membership section edited to allow only members who are residents
of the Town or business owners in the Town with the only exceptions made
for the Thomas Balch Library Commission and EDC.
Council Member Reid said a majority of commissioners must be Town
residents.
There was further Council discussion of appointment criteria and
attendance requirements,
Council Member Reid asked that an amendment be made to the EDC
charge stating they will provide recommendations to Council on business
regulations and processes.
Mayor Umstattd stated she agrees with the premise that the EDC
should make those recommendations; however, she feels it is already
incorporated in the language.
Council Member Wright stated this is a top priority of the Council and it
would be beneficial to make it clear that their mandate includes
recommendations of processes and procedures for businesses.
Council Member Reid suggested that the Councilmanic liaison
appointments be made annually as opposed to every two years.
Council Member Hammier stated if the Councilmanic appointments are
made with a primary and secondary liaison then perhaps the primary and
secondary could switch roles after a year.
Town Council Work Session of May 27, 2008 Page 5
Mayor Umstattd stated she supports the language that Council may
appoint a Councilmanic Liaison to a board or commission. She stated she
would like to see Council get away from feeling they have to appoint a liaison
to every commission.
There was further discussion regarding the appointment term of
Councilmanic Liaisons and whether a secondary liaison should be appointed.
There was also discussion of the need to take a greater role in the Virginia
Municipal League and other state-wide issues.
Council Member Hammier stated she would like Council to discuss the
possibility of combining the Tree and Environmental Advisory Commissions
(EAC). She stated there are synergies between the two groups and she is
aware that we have to maintain the Tree Commission to maintain our Tree
City Status.
Mayor Umstattd stated we have received a call from ).e. Anderson
who is concerned with the proposal to merge the Cable and Information
Technology Commissions. She stated we will need to hear from our
commissioners.
Council Member Wright stated he has heard from members of the
Cable and IT Commissions that there is a need to merge the two groups;
however, he is unsure if that feeling exists with the Tree Commission and
EAC. He stated he is willing to consider merging Tree and EAC because of
their synergies; however, we would first need to ensure that merging the
groups would enhance their missions.
Mayor Umstattd stated the Governor is looking at sources of
greenhouse gas production and the committee the Governor has created
seems to be looking to local governments for leadership.
Council Member Reid stated another consideration is the Utility Rate
Advisory Committee model whereby some of the advisory groups could be
convened just to look at certain issues and their roles limited. Further, he
stated some could become subcommittees which would also limit the staff
time expended.
Council Member Martinez stated at times he has discussed the idea of
combining commissions; however, the Tree and EAC Commissions are now
growing and he would not want to shrink their roles. He stated he is open to
discussion of merging Cable and IT Commissions; however, he has not heard
any support for a merge from the members.
Council Member Hammier stated she has heard from a couple of Tree
Commission members who do not wish to continue their appointments and
she will be interested in hearing the discussion at the public hearing.
It was the consensus of Council to vote tomorrow night to authorize
the Town Attorney to schedule a public hearing for June 24.
c. Lawson Road Bridge Follow-up
Town Council Work Session of May 27, 2008 Paae 6
Mr. Wells stated Mr. Drury has declined the offer to have a barrier or
landscaping placed over a portion of his property.
Council Member Martinez stated this has been discussed since before
he was on Council and he assured Mr. Drury and his neighbors that he would
like to close the Lawson Road Bridge once the portion of Battlefield Parkway
from Route 7 to Kincaid Boulevard is open.
Council Member Reid stated it is his understanding that Mr. Drury was
not opposed to gating along the creek.
Mr. Wells stated Mr. Drury does support moving the gate closer to the
creek. He stated there is a liability concern with moving the gate to the end
of the cul-de-sac and allowing cars to drive in an area that is frequently
flooded.
Council Member Reid stated many residents in southwest Leesburg do
not support closing the bridge. Further, he requested that a resolution be
passed tomorrow night to move the gate to the creek and to extend the
fencing if feasible.
Council Member Wright stated we could give the authorization to move
the gate and provide other additional measures as appropriate to ensure for
safety and lack of crossing.
Council Member Hammler stated she has noticed that the traffic
westbound on Route 7 backs up at the left turn for Cardinal Park Drive. She
stated it occurred to her that there will be safety enhancements as a result of
the closing of Lawson Road Bridge.
c. Civic Signs
Mr. Wells stated staff has determined that the civic signs were in the
public right-of-way at the time of their removal. He stated he met with
members of the Kiwanis Ciub who have indicated their interest in working
with the civic organizations to place signs on private property outside of the
right-of-way.
Mayor Umstattd expressed concern with the language "The Town
would have limited input as to the content and look of the signs". She stated
if we have no authority to prohibit signs on private property how can we have
limited input unless the signs are obscene.
Ms. Irby stated the limit would be obscenity, interference with the
right-of-way, or if there were a danger to health, public safety and welfare.
Council Member Hammler expressed her support of the private
property option.
Council Member Wright stated he also supports the private property
option. Further, he stated he agrees we should provide the materials or funds
for replacement of the signs.
Town Council Work Session of May 27. 2008 Page 7
Mr. Elsewaissi stated the materials to replace the signs would cost
approximately $2,500.
Council Member Reid stated he would be happy to pass a resolution
tomorrow night to purchase the materials for the signs to be constructed by
the civic groups on private property and that the civic groups maintain
responsibility for maintenance of the signs.
It was the consensus of Council consider a resolution tomorrow night.
e. Board of Architectural Review Procedures
Jeanette Irby stated several months ago Council requested that she
review BAR appeal procedures. She reminded Council that in the H-2 District
they already have certain review criteria, whereas the appeal procedure in the
H-i District does not. She stated if Council wishes to change the procedures
a public hearing could be scheduled for June 24`h.
Council Member Schmidt stated he is not an advocate for major
change at this time; however, he would like to hear the discussion on the
topic.
Council Member Martinez concurred with Council Member Schmidt's
comments.
Council Member Hammier stated she would not support disbanding the
BAR and would like to hear input from BAR members. She stated we need to
focus on completing the edits to the BAR Guidelines and moving them along.
Further, she stated Council should provide direction on key issues such as
massing, materials and building height; however, she is open to a discussion
of the appeals process.
Council Member Wright stated he would not support disbanding the
BAR or changing the function of the BAR to an advisory commission. He
commented on the need for consistency in the BAR appeal procedures stating
there should be one set of rules for BAR appeals. He expressed the need to
move the guidelines to the next step by requesting a soft copy of the
guidelines document from the consultant and establishing a timeline. He
stated a subcommittee could be formed consisting of two members each from
the BAR, Planning Commission and Town Council to streamline the review
process for the BAR guidelines.
Council Member Reid stated as liaison to the BAR he has tried to push
the guidelines along and asked Mr. Wells to intervene if possible. He stated
at the last meeting of the BAR Commissioner Koochagian suggested that a
Saturday session be held to complete the BAR edits to the guidelines;
however, the Chairman did not support that request. He stated the guidelines
are fine; however, the problem is with the Zoning Ordinance which delegates
too much to the BAR. He stated he would not support disbanding the BAR
and asked if other Town's in Virginia have BARS that serve only in an advisory
capacity.
Ms. Irby stated she has not conducted that research.
Town Council Work Session of May 27, 2008 Page 8
Council Member Reid verified if the BAR was to become an advisory
board that Council would be required to rehear each application and hold
public hearings similar to what is done with Planning Commission
applications. He suggested developing a different appeals procedure and
holding off on other changes until it can be determined what other localities
do.
Mayor Umstattd stated she would support having BAR cases come to
Council on appeal and allowing Council to apply more extensive criteria to
appeals. She stated she would not support disbanding the BAR or changing it
to an advisory board. She asked if denial is the default position if the BAR
can not reach a decision on an issue.
Ms. Irby stated the BAR bylaws indicate the default position would be
no position. She stated while looking into sign issues she discovered that by
law we are required to have a time limit on BAR decisions. She stated Council
has mentioned a deadline of 100 days; however, the State Supreme Court
has an opinion approving 70 days and has not discussed 100 days. Further,
she stated decisions beyond that time period would be deemed approved.
Council Member Wright verified the time limit could be added to this
legislation.
Council Member Reid stated in this case the landlord should have told
his client that BAR approval was needed for the deck. He stated some
members of the BAR have to recuse themselves from discussion periodically
because of their involvement in the application, which also happened in this
case. He asked Council to consider the types of applications the BAR should
be involved in. Further, he commented on the BAR's refusal of ex-parte
communications stating the Loudoun Street fire station application could have
been aided by separate conversations between BAR members and the
applicant.
Council Member Wright stated it is each board or commission's role to
decide how to handle ex-parte communications. He stated requiring the BAR
to have ex-parte communications could open additional issues including
Freedom of Information Act requirements.
Council Member Reid stated he did not mean Council should dictate to
BAR. He stated he does believe it should be up to the BAR members to
decide if they wish to engage in ex-parte communications.
Council Member Hammier stressed the need to complete the BAR
guidelines. She stated she is hopeful that approval of the guidelines will limit
the appeals to Council and make the process more predictable and business
friendly.
Council Member Schmidt asked the role of Council in decisions where
the BAR is deadlocked.
Ms. Irby stated the ordinance could be adjusted to state that if the
BAR is deadlocked, the application could be taken to Council for a decision.
Town Council Work Session of May 27, 2008 Page 9
Mayor Umstattd asked the status of the Hamburg Doener deck
application.
Ms. Irby stated the application has been deferred to July to allow the
applicant to submit additional material and have further discussion. She
stated at this point there is nothing before Council to do or to direct staff to
do.
After further discussion it was the consensus of Council to pass a
resolution tomorrow night directing the Town Attorney to schedule a public
hearing for June 24~h with a 100 day review period, changes in the review
criteria of appeal and other minor legalities in the Code.
Ned Kilev, Board of Architectural Review, stated the BAR is not
deadlocked, they will continue to look at the Hamburg Doener application. He
stated it will take more money and more time to get the BAR guidelines to
Council. He stated if staff has to do it, it will take more time. Further, he
stated it is important for Leesburg to have an independent body to address
these issues.
Tracy Coffing, Board of Architectural Review, stated she resents the
comments in the paper implying there has been bad treatment from the BAR
to the applications from Hamburg Doener. She stated the BAR is trying to
reach a reasonable solution that works for the applicant and is also in
compliance with the guidelines. She stated this particular case is the fault of
the property owner who did not inform his tenants of the proper procedure.
Council Member Reid stated he found it interesting that Mr. McDowell
was at the hearing and the BAR did not ask him why he failed to inform his
tenant of the regulations. He stated he believes there may be a requirement
in the Mighty Midget lease that amendments such as these go before the
BAR. Further, he stated he does believe the BAR will come up with a
resolution at the July meeting.
Council Member Martinez stated he values the BAR and would not
consider disbanding it. He stated perhaps the ordinance should not be
amended as this will put a greater burden on the Council to make decisions
that the BAR should make. Further, he stated he is open to more discussions
regarding these issues.
f. Log Cabin Visitor's Center
Mayor Umstattd suggested deferring this item due to the absence of
Vice Mayor Horne.
Council Member Wright asked that staff provide information regarding
whether we are required to provide a restroom and if so could it be a shared
ADA compliant single restroom.
3. For information only Tune 9-10, 2008
There was no discussion of the following items.
a. Awarding the Town Wide Tree Canopy Construction Contract
b. Awarding the Annual Contract for Refuse and Recycling
Collection Services
Town Council Work Session of May 27, 2008 Paoe 10
c. Rules of Order
d. Trucks Parked In Residential Neighborhoods
New Business
Council Member Wright asked the status of the Veteran's Park BLA.
Ms. Irby stated the County has indicated they will have their public hearing in
July and we will follow-up with our public hearing in July.
Council Member Reid asked if Council will act on the Standing Residential
Traffic Committee request to allocate surplus funds for the Plaza Street Sidewalk and
driver feedback signs.
Mr. Wells stated he will ensure this is done by the end of the fiscal year.
Council Member Reid stated the Urban Forester is concerned with the loss of
street trees on Plaza Street and has recommended a rubberized material. He stated
he would like this to be discussed at the next work session.
Council Member Wright stated it was his understanding from Chairman Liz
Whiting, that the SRTC wanted the funds earmarked and set aside for solutions on
Plaza Street as they did not have the funds to proceed with improvements and have
not decided what they would like to be done.
Council Member Martinez disclosed a phone conversation with Mike Banzhaf
on Crosstrails. Further, he stated he is disappointed he will not be able to attend the
DIA presentation tomorrow and he is looking forward to meeting with them.
Mayor Umstattd asked if Council wanted to hold the organizational meeting
after the swearing-in ceremony on July 1.
It was the consensus of Council to hold the organizational meeting at 7:00
p.m. on July 7 and to set the time for the July 1 swearing-in ceremony for 6:30 p. m.
Adjournment
On a motion by Council Member Martinez, secon<
Wright, the meeting adjourned at 9:41 p.m.
2008 tcwsmin0527