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Home My Public Portal About2013_tcwsmin0311Council Work Session March 11, 2013 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, Marty Martinez, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Dunn arrived at 7:34 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Director of Plan Review Bill Ackman, Director of Finance Norm Butts, Assistant Town Manager Scott Parker, Deputy Director of Public Works Charles Mumaw, Director of Utilities Amy Wyks and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Work Session Items for Discussion a. COPA Local Government Challenge Grant Vice Mayor Butler abstained from the discussion and left the room. Jeanette Irby introduced the new Chair of the Commission on Public Art, Thomas O'Neil. Council Member Wright noted that the Commission received a fair number of grant applications. Council Comment/ Questions: Why was the mural not considered? Commission answer: The Commission felt that since it was separate from the town, it did not make sense to ask the town to fund it. b. Stormwater Ordinance and MS -4 Permit — Chesapeake Bav John Wells stated this presentation ties into an action on tomorrow night's agenda to initiate changes to the town's stormwater ordinance and request an extension for implementation of regulations highlighted in Mr. Bulova's previous presentation. David Bulova gave a brief update on the stormwater regulations. Summary of Key Points: • First phase begins April I . • Must show good faith effort to show how changes will be made • Good faith effort gives you a year extension • Phase 2 starts in June but extension gives a July 2014 deadline • Town gets to administer ground disturbance program • Developers can buy nutrient credits off -site for some projects • There are a few exceptions and exemptions 1 �'a c Council Work Session March 11, 2013 Council Comments/ Questions: • How does getting off -site credits create clean water for the town? Consultant answer: The Chesapeake Bay does not differentiate where the phosphorus comes from. Trades can be made for nutrients, but cannot be made for volume or outfall. • Are different sections of the State Code competing? Consultant answer: The regulations take away a lot of the town's discretion for coming up with new BMPs. Now there is a list of approved Virginia BMPs. • Is the State's share of the fee 28% of the increase or 28% of the total fee? Consultant answer: 28% of the base fee • For small developments, is there an option for a pro -rata or impact fee? Consultant answer: This is currently in a gray area. Would actually have to install the BMP and have developers buy into it. • What are the budget implications re FTEs? Staff answer: The FY14 budget is not affected because of the extension. Soft costs in terms of consultant fees are approximately $28,000. Work on estimating staffing and fees would be begin at the end of the calendar year for inclusion in the FY15 budget. Costs for the capital program are included in the FY14 budget. • What is the role of the Environmental Advisory Commission? Staff answer: They will be engaged in review of the ordinance revisions. • What percentage of the total can be offset credits? Consultant answer: For smaller projects (under 5 acres) where you have to reduce less than 10 pounds of phosphorus, it can be 100% credit The state allows jurisdictions to decide the percentage for larger projects. • How does this affect VDOT projects? Consultant answer: VDOT will go directly to the state. C. Morven Park Update Council Member Wright disclosed that his mother serves on the Board of Directors for Morven Park in an unpaid capacity. Scott Parker stated that Morven Park is requesting a Boundary Line Adjustment into the town. Carl Riedel, Board Member of Morven Park, spoke on behalf of Morven Park. Summary of Key Points: Looking to expand uses for the community Have had problems with traffic In conversations with Loudoun County Public Schools about using Tuscarora High School for access 2 Pa ,c Council Work Session March 11, 2013 • County limits the number of special events per year to 10 per year. • Looking at doing fewer events in coming years, but doing them better. Council Comments/ Questions: • Is this area under a conservation easement? Speaker answer: Yes, 600 acres is under a conservation easement. Equestrian center is not in the easement. • Will Morven Park ask for utilities? Speaker answer: No plans to do so at this time. • How much will this add to the Town? Will this affect the town's urban /rural mix? Staff answer: Almost two square miles. Will probably not change the urban designation as this is due to census information • Will not be contiguous to the rest of the town limits d. Availability Fee Discussion Council Member Dunn stated he requested this be added to the agenda. He requested this be discussed for possible elimination to encourage business growth. Norm Butts and Amy Wyks gave a brief presentation on what availability fees are, how much is generated and whether they can be eliminated. Key points: • Utility system operates on a cash needs model • Eliminating availability fees would leave the account requiring $5.2 million over the next five years • Amount could be realized through cost cutting and /or raising user rates Council Comments/ Questions: • Greatest impact is to smaller businesses /restaurants e. Cross Connection Audit Results — Delay of Sprinkler /Backflow Fines Vice Mayor Butler stated he requested this item, but did not feel it needed to be discussed this evening any discussion could be held Tuesday. Ms. Irby stated the town has to comply with the terms of the permit and delaying or discontinuing fines would be a violation of the terms of the permit could result in a criminal charge /fine. f. Crosstrail Referral Susan Berry Hill stated staff has received a referral request from the county for the Crosstrail property. 3�Pa Council Work Session March 11, 2013 Summary of Key Points: • Application only covers approximately 57 acres of the 480+ acres • Rezone 57 acres to planned development commercial center /small regional center —would allow for more commercial than the current zoning (PD -IP) • Up to 650,000 square feet of office and retail uses • Three special exceptions — hotel, convenience store with gas pumps and outdoor sales • Applicant has not provided details in the statement of justification or plan sets • Utilities, public works, capital projects, plan review, airport and planning have responded • Generally consistent with the town plan for regional office; however, it is intended to be predominantly office with supporting retail uses (20% total square footage in support of office uses) • Three large projects — Kettler Property, Crosstrail and Tuscarora Crossing in the JLMA — with active applications • Application unclear on phasing, transportation or utilities Council Comments/ Questions: • Does the county have areas designated for big box retail? Staff answer: In the Revised General Plan, there is a retail plan that designates certain areas for destination retail (regional retail) — this site is not designated as destination retail • Clarification on the difference between a gas station with convenience store and a convenience store with pumps — gas stations have service bays • Make sure Planning Commission and Airport Commission stay in the loop on this application • How does this affect long range planning with respect to availability fees? Staff answer: It will be a pro -rata for Lower Sycolin. • Concern for hotel height because of proximity to the airport • Is there any provision in the proposed zoning category that allows residential? Staff answer: No. • Does it make sense to put big -box retail in an area where there are no homes? Staff answer: There is a substantial amount of retail already zoned in the south east section of town. g. Town Orientation Seminar for New Residents Council Member Wright stated there are a lot of new residents in town and stated there is a need for an annual new resident orientation. 4 Pa ,c Council Work Session March 11, 2013 Council Comments/ Questions: • Could be combined with the Police Department's annual internet safety day to maximize attendance • Will only benefit those who are new at the time of the meeting because new residents have answered all their own questions within a month of moving in • Could educate new residents on the depth of services that area available 2. Additions to Future Council Meetings Council Member Burk: Challenge Council to compete with staff on picking up trash for Keep Leesburg Beautiful. Would like the town to participate in Earth Hour. Would like to investigate closing King Street between Market and Loudoun for First Fridays to keep pedestrians safe — in April and May as a trial. Four Council members agreed to discuss it at Tuesday's meeting. Council Member Hammler asked for recognition for Jim Wynn's service to the town. 3. Closed Session None. 4. Adjournment On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the meeting was adjourned at 9:36p. m . Clerk of Co n it 2013 tcwsmin031 5 1Pa;c