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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