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Home My Public Portal About2012_tcwsmin1126Council Work Session November 26, 2012 Council Chambers, 25 West Market Street,7:30 p.m. Mayor Kristen C. Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Katie Sheldon Hammler, Marry Martinez, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Dunn arrived at 7:56 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Assistant Town Manager Scott Parker, Director of Public Works Tom Mason, Director of Parks and Recreation Rich Williams, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Director of Plan Review Bill Ackman, Deputy Director of Public Works Charlie Mumaw, Director of Utilities Amy Wyks, Senior Planner Mike Watkins, Zoning Administrator Chris Murphy, Utilities Generalist Lisa Smith, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Work Session Items for Discussion a. Demo /Presentation of Retractable Curb Prototype for S. King Street Peter Burnett presented a prototype of a retractable curb that was created by members of the Downtown Improvement Association and proposed to create a convertible space to allow dining in the evenings along King Street, but maintain parking area during the day for retail merchants. It was noted that staff has not fully analyzed the prototype at this point. b. Commission on Public Art — Endorsement of Mural Theme Vice Mayor Wright stated the theme stated in the Request for Proposals (RFP) is: "This project will reflect a thematic aspect of the community such as history, growth, change, diversity and /or commerce and should be created in a media suitable for exterior application with minimal maintenance. The mural is intended to become a focal point for visitors and enhance the sense of pride in Leesburg ". He stated the proposed motion for action tomorrow night would include approval of the above mentioned theme as well as direction for issuance of an REP in compliance with Virginia Procurement regulations to solicit artists. Council Comments/ Questions: Several typographical and /or grammatical errors to be corrected Theme direction does not impinge on artistic creativity C. Crosstrail Boulevard Letter regarding Plan to Complete Mr. Wells noted that the version on white paper includes all the latest suggested language. He stated the current language of this letter strengthens and clarifies the Council's position on Crosstrail. 1 �Pagc Council Work Session November 26, 2012 Council Comments/ Questions: • It is not Council's intent to use only taxpayer funds, yet new development should not be negotiated in order to garner proffers for completion of this transportation improvement • Must be very specific in request that the Board not rely on proffers from an unapproved dense residential project that is inconsistent with the County's General Plan that will add to congestion of the existing road network and diminish the benefit of new roads • Burden on Sycolin Road and Battlefield Parkway will be increased with construction /completion of the Sycolin Road flyover • Citizens from the Kincaid /Tavistock neighborhoods came up with the solution of completing two lanes to Rt. 7 and should be given credit • Will four lane bridges need to be built over the floodplain? Staff answer: Preliminary indications are that the bridges will need to be built in their ultimate configuration with this phase of the project • Would be a good economic benefit to the Village at Leesburg by opening it up to the southeast area of Leesburg • Concern that this will make it easier for residential developers to construct their projects • Possibility of additional proffers from residential developers to complete the other two lanes d. Arcadia Proffer and Related Development Rich Williams stated the town received a financial settlement from the developer of the previously proffered Potomac Crossing Park, but the settlement amount is not sufficient to develop the park as identified in the Parks Master Plan. He stated the initial plan is to meet with the Homeowner's Associations of Potomac Crossing and Edwards Landing and then have a town -wide community meeting to garner additional feedback. Feedback will be vetted by the Parks and Recreation Commission and recommendations will be brought back to Council. Council Comments/ Questions: • Improvements should serve the same neighborhoods that would have been served by the original Potomac Crossing Park • List of ideas is very comprehensive • Consideration of returning the land to the Park Authority • Consideration of purchase of additional battlefield land for a pristine battlefield park e. Pool and Tennis Pro Forma Rich Williams stated detailed pro formas are included in the packet for both the outdoor pool and the tennis facility. He noted the tennis facility numbers are based on the entire fiscal 2012 time period, but the pool is based on only the past summer season. 2 1 P a g c Council Work Session November 26, 2012 Highlights include: • Pool netted the town $118,000 and the tennis center netted $338,000 • Net does not include debt service — only operating versus revenue • Combined net after debt service for both projects is $215,752 • Profitability over time has increased — allows the town to pay for old debt service Council Questions /Comments: • Would like any profits to stay within the Parks and Recreation budget • Does tennis pro forma include both the indoor and outdoor facilities? Staff answer: Yes • Would like to see memo updated to add debt service • Parks and Recreation items that are not profitable are funded by those that are • Encourage feedback on ways to increase revenue f. Utility Shut Offs / Backflow Program Amy Wyks showed a short video on the importance of a cross connection /backflow program. She stated she would be discussing Cross Connection, the utility billing process, and leak checks. Highlights include: • Importance of a backflow prevention program to ensure that potable water has no potential contamination points • Virginia Department of Health requires a cross connection program as part of approval of operating permit • Annual inspection is required because components can wear out • Over 15,000 water /sewer accounts — about 2,200 testable devices • Irrigation systems are a typical focal point of a cross connection program • Less than 20 of the 2,200 testable devices are disconnected for non- compliance each year • Process includes notification, 30 days for compliance, additional notification and additional time (7 days) for compliance, two door hanger notifications and additional time for compliance before water shut off • Six water districts that are billed quarterly with payment due within 30 days. • Late fee is 10% with ten days to pay • Water is shut off for nonpayment • Payment plans are possible • Shut offs are a manual process with last minute check for payment prior to shut off • No shut offs on Fridays or the day before a holiday 3 1Page Council Work Session November 26, 2012 • Online account and bill look up should be available by the end of January • Online usage should be available at the end of April • Leak check charge was added in earlier in the year Council Comments/ Questions: • When do notices go out? Staff answer: Systems are inspected on a rotating basis. Normally irrigation systems are inspected in the spring. • First notification should indicate the ultimate consequence for non- compliance is water shut off • What is the basis for the 30 day time frame for compliance? Staff answer: Industry standard — shortens the amount of time the system may be nonfunctioning • Is there a way for an irrigation system owner to abandon their system? Staff answer: The system must be cut and capped by the town • Why annually? Staff answer: Systems must be winterized, which includes removal of the backflow preventer. System start up in the spring needs to include inspection to make sure the backflow preventer has been reinstalled correctly • Possibly need system -wide education as to risks for residential users involving ponds, swimming pools, and any other type of hose assembly • Are shut off notices sent by registered mail? Staff answer: No. • Under federal law, if you mail a letter first class, it is presumed received • Is there another penalty that could be instituted rather than shutting off water? • Establish a fund to assist those who are having trouble paying their water bill • Move to a 60 day period for payment — if not paid within 30 days, add to the next bill • Understood that first leak check was free • Need a way to alert residents of unexpected high usage • How many customer requested leak checks occur? Staff answer: Since July — probably about 20 g. Crescent Design District Brian Boucher gave a presentation regarding the alternative to Form Based Code: Highlights include: Alternative 1 limits by -right heights to five stories Alternative 2 building height map with transitions 4 Page Council Work Session November 26, 2012 • Proposed district size is larger than the original Crescent Form Based District • Impact on Utility plant capacity depends on final density • Water and sewer flows have decreased despite increases in population due to low flow plumbing fixtures and consumer consciousness • February 1, 2013 proposed implementation date gives time for interested applicants to submit plans for grandfathered review • Variables are too great to estimate fiscal impact • Estimated approximately 500,000 gallons extra plant capacity after allowing for all approved development • Pre - application meeting to streamline development review process Council Comments /Questions: • No interest in alternative 2 • March 1, 2013 implementation date to give property owners more time • Is purpose of district to encourage re- development or encourage re- development to occur with a more urban feel • Concern over utility capacity Staff answer: Stormwater management needs to be provided on -site • Concern over parking and transportation Staff answer: eliminated payment in lieu — developer must be able to park his project • Other jurisdictions do not need five stories to extend the historical aesthetic of the downtown • Developers will make money on by -right development at the expense of taxpayers • What are the next steps? Staff answer: Can bring item back to the December 1 I meeting for final action, if Council desires. • Schedule for work session on December 10 with anticipated action on December 11. h. TMDL Update David Bulova, AMEC Environmental and Infrastructure consultants, gave a presentation regarding the effect on the town of the new state and federal TMDL requirements. Highlights: Virginia Stormwater Management Regulations will require action by the town • Will require significant changes to the stormwater management ordinance, policies and procedures • Stringent requirements for new development and even more stringent requirements for re- development of parcels over one acre 5 1 P a g e Council Work Session November 26, 2012 • Updated regulations should be adopted by June 2013; however, extension for one year can be acquired if locality can show good - faith effort. • Timeline for draft changes includes initial submission of amendments to Department of Conservation and Recreation in April. • Extension would give town time to garner stakeholder input • Go -live date would be July 2014 • MS -4 Permit Regulations will also require action by the town • Permit expires July 2014 • Amended permit regulations are under review and anticipated for adoption in the spring • Registration statement to the state is due in April • New permit will establish an aggressive annual schedule for updating MS -4 program plan • 12 elements in the new regulations with different timeframes for updating • Will need TMDL action plans for each tributary • Will need additional staff to meet regulatory requirements • Plan will need to be updated to meet nutrient management for all public property • After 2014, site plan review will become more complicated in order to ensure developer compliance for water quality and quantity • Long term costs include implementing steps included in program plan, maintenance and supervision • Not responsible for flows into natural streams or flows from other MS -4 or industrial permit holders • Any new development is a net increase that must be reduced • Planned re- development was not included in the numbers • Large stormwater management ponds are easily retrofitted but are normally located on Homeowner's Association property • Tree box filters are relatively easy to install, but cover a small area, so many would be needed which increases maintenance costs • Total of all feasible projects would exceed necessary improvements to meet state requirements Council Comments/ Questions: • Crescent Design District will need to be fit into this set of assumptions • Does anything included in these regulations actually ensure the health of the Chesapeake Bay? Consultant answer: Nutrient levels have been calculated to make a measurable difference in the health of the bay; regulations are designed to ensure those nutrient levels are met 61Page Council Work Session November 26, 2012 2. Additions to Future Council Meetings Mayor Umstattd noted that the Courthouse issue would need to be added to the December 11 meeting agenda. 3. Closed Session None. 4. Adjournment On a motion by Council Member Dunn, seconded by Vice Mayor Wright, the meeting was Lrn 52 p. m. } _ Clerk of u cif 2012 tcwsminl 7 1Page