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HomeMy Public PortalAbout2003_07_08COUNCIL MEETING July 8, 2003 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, MelJnda Kramer, Mervin 3ackson, Marry Martinez, David Schmidt, and Mayor Kristen Umstattd. Councilmembers Absent: Bob Zoldos Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Director of Economic Development Betsy Fields, Management/Budget Officer Mike Freda, Management Intern Alex Shabelski, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Tnvocation by Vice Mayor Jackson B. Salute to the Flag was led by Councilmember Martinez C. Roll Call showing Councilmember Zoldos absent. D. Minutes: On a motion by Councilmember Buttery, seconded by Vice Mayor Jackson, the minutes of the June 23, 2003 worksession were approved by a 5-0-1-1 vote, Martinez abstaining and Zoldos absent. On a motion by Councilmember Buttery, seconded by Councilmember Kramer, the minutes of the June 24, 2003 meeting were approved by a 4-0-2-1 vote, Martinez and Schmidt abstaining and Zoldos absent. Presentations: a. Proclamation - Parks and Recreation Month On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the following proclamation was approved by a 6-0-1 vote (Zoldos absent): PROCLAMATTON MONTH OF ]ULY AS PARKS AND RECREATTON MONTH .1ULY 8~ 2003 WHEREAS, parks, recreation and open space provide quality of life for our community; and WHEREAS, parks and recreation opportunities create connections between people, promote harmony and sense of belonging; and WHEREAS, recreation activities provide outlets for stress, options for physical activity, fun and preventative health insurance for all; and Town Council Minutes for .luly 8, 2003 Page 2 WHEREAS, parks, playgrounds, trails and recreation centers make a community an attractive and desirable place to live, work, play and visit; and WHEREAS, parks, greenways, trails, and open space protect and preserve our natural environment and heritage for the future; and WHEREAS, parks and recreation activities touch the lives of individuals, families and entire communities; and WHEREAS, parks and recreation activities provide a positive impact upon the social, economic, health, and environmental aspects of our community. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the month of July 2003 as Parks and Recreation Month. Citizens are encouraged to celebrate by participating in their choice of quality of life experiences, as well as maintaining healthy activities throughout the year. PROCLA]:I~IED this 8th day of .]uly 2003. Councilmember Martinez accepted the proclamation on behalf of the Parks and Recreation Commission. F. Petitioners Scott Warner addressed Council asking for a fee waiver for the O'Neal Stewart Motorcycle Charity Show he sponsors each year to benefit the Big Friends Program through the Leesburg YMCA. Mr. Warner stated if his request is denied it will take away from the proceeds to the charity. Further, Mr. Warner asked that consideration be given to providing two motorcycle parking spaces in front of his establishment on North King Street. Mayor Umstattd directed staff to provide a recommendation on the fee waiver and discussion of the parking request at the next Council meeting. Kevin Wright, 109 Pershing Avenue, addressed Council concerning the Pershing Avenue project. He had concerns with how the original resolution was amended at the June 10, 2003 Council meeting. He added that a 30-foot street width was never discussed at a prior Council meeting. Secondly, he reiterated that parking was needed on both sides of the street and discussed the presence of the church with little or no on-site parking. He had concerns with future residents of the street wanting further improvements and another capital improvements project to fix the problem. conclusion, he asked that Council please reconsider their June 10th decision. Cathy Keenan, 21 Pershing Avenue, addressed Council. She discussed the diversity of the streets in Leesburg, stating that Fairview Avenue has a 32-foot wide street with parking on one side. She asked that the character of Pershing Avenue be preserved and their property values not be jeopardized with damage to trees and pavement. Town Council Minutes for July 8, 2003 Page 3 Further, she stated her concern of speeding traffic that would accompany the installation of wider streets. Sara Higgins, 411 S. King Street, addressed Council. Ms. Higgins invited Council to an event sponsored by Joe Latham Guitars at the Laurel Brigade ~[nn on Friday evening, July 11th. The event will host a Hawaiian Night featuring the Aloha Boys. Chuck Shotton, 232 Edwards Ferry Road NE, addressed Council on behalf of the Leesburg Historic District Resident's Association. Mr. Shotton asked Council to consider the request of Leesburg residents to include commercial/retail space on the ground floor of the Loudoun Street addition to Town Hall. He proposed reconsidering the use of the current architect and the possible use of the rose garden area for the expansion. Robert Farris, 202 Pershing Avenue NE, addressed Council regarding the Pershing Avenue issue. Mr. Farris provided a rendering of the impact of the 50-foot right-of-way with 36-foot roadway width and sidewalks on both sides and a 50-foot right-of-way with a 30-foot roadway width and sidewalk on one side. He pointed out the difficulty of emergency vehicles trying to maneuver on a 30-foot roadway. Further, Mr. Farris added the majority of the citizens on Pershing Avenue favored a 36-foot roadway width with sidewalks on both sides. Al Van Huyck, P.O. Box 226, Round Hill, Virginia, addressed Council. Mr. VanHuyck is the Democratic candidate for the Chairman of the Loudoun County Board of Supervisors. He stated he plans to work with the town on road issues, schools, and maintaining the county government offices in Leesburg. Further, he proposed entering into discussions with the Town of Leesburg on tax equity. Marybeth Mohr, 205 Morven Park Road, addressed Council on behalf of the Loudoun Museum and as the president of the Leesburg Downtown Business Association. She stated they have a great interest in the infill of the Loudoun Street location and encourage development of the site, as it is important to the economic development of the Town. Further, as Loudoun Museum Director she encouraged a cooperative partnership agreement with the museum. Ms. Mohr gave a brief history of the development, recognition and struggles of the African Americans in Leesburg and asked for support in a partnership to restore and stabilize the building known as the African-American Training Facility on Union Street. Paige Buscema, 102 Loudoun St. SW, addressed Council with reference to the Loudoun Street addition to Town Hall. As a downtown business owner, Eyetopia, she stated it is important to provide ground level retail to bring revenue to Leesburg. David .lohnson, 21 Wirt Street, addressed Council in support of more retail along Loudoun Street. Mr. Johnson questioned why retail is not addressed in the proposed plan. Ron Rust, 7 Wirt Street, Thomas Birkby House, addressed Council. Mr. Rust stated retail is needed on Loudoun Street. Town Council Minutes for July 8, 2003 Page 4 He stated that during Gallery Walk it is difficult to get visitors as far west on Loudoun Street as the Birkby House. Sara Chafin, 204 Pershing Avenue, NW, addressed Council encouraging them to not extend the width of Pershing Avenue to 36-feet. Connie Fletcher, 2:~9 W. Market Street, addressed Council in support of the Loudoun Street addition. She stated the gap on Loudoun Street should be closed and expressed support for the selected architect, Bowie Gridley. G. Public Hearing: None H. Council Comments: Councilmember Schmidt stated he has received a lot of positive feedback on the recent Fourth of July celebration at Ida Lee Park. He stated that perhaps Council should not vote on the Pershing Avenue street improvement issue until Councilmember Zoldos has returned. He wished Marantha Edwards a speedy recovery. Councilmember Martinez stated the Fourth of July celebration was excellent. Further, he had concerns with the traffic impact on the Exeter neighborhood. Vice-Mayor Jackson stated Council should move forward tonight with a vote on the Pershing Avenue street improvements. Councilmember Buttery had no comment. Councilmember Kramer also congratulated staff on the excellent Fourth of July celebration. l~layor's Comments Mayor Umstattd echoed best wishes to Marantha Edwards for a speedy recovery. She stated the Classic Car Show was a success and reported that Jock's Exxon did not suffer a loss of business during the event. Further, the downtown restaurants were very busy during this event. The Mayor also commented on the success of the Fourth of July celebration stating a lot of folks from out of town were in attendance and suggested promoting Leesburg during this event. Mayor Umstattd thanked all the Pershing Avenue residents for voicing their concerns at tonight's meeting. She reported that she has been in contact with Terry Laycock who stated the Loudoun County Board of Supervisors has fully funded the South King Street Trail. .1, Manager's Report Bob Noe thanked the Parks and Recreation Department, Public Works Department and the Police Department for a fine Fourth of July celebration. Town Council Minutes for .luly 8, 2003 Page He reported that Officer Spurlock of the Leesburg Police Department has coordinated in conjunction, with the Department of Criminal Justice Service, a four-hour training session on Theft of Historic Resources. Further, the Planning Commission will hold a public input session on the Town Plan update at 7:00 p.m. at Balch Library on July 3rd. Mr. Noe thanked the citizens of Leesburg for their awareness of the new trash and recycling guidelines recently put in effect. He stated that after further consideration, plastic containers marked for yard waste or recycling can be used in lieu of brown bags. K. Legislation l ORDTNANCES J None L CONSENT AGENDA J None REGULAR AGENDA J On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson, the following motion was proposed: 2003-110 RESOLUTZON Approving SE-2002-08, Holy Trinity Lutheran Church, 605 W. Market Street, to permit the expansion of the existing childcare center and church use. Councilmember Buttery proposed an amendment to strike the second sentence in Condition No. 6. Vice-Mayor Jackson asked the status of the left turn lane? Susan Swift stated Condition No. 7 has been revised to address the issue of a future dedication for public street purposes. Vice-Mayor Jackson accepted the amendment to Condition No. 6. The amended motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, and Mayor Umstattd Nay.' None Vote: 6-0-1 (Zoldos absent) On a motion by Councilmember Schmidt, seconded by Councilmember Martinez, the following motion was proposed: 2003-115 RESOLUTTON Amending Resolution No. 2003-98 to change the street widths and sidewalk locations for Pershing Avenue improvements, Town Council IVlinutes for .luly 8, 2003 Page 6 Mayor Umstattd clarified the previous resolution stated that everything south of the alley woUld be 30-feet wide and north of the alley 36-feet wide. She stated Councilmember Zoldos had requested two different changes to that resolution; everything south of the alley at 36-feet width except for the first 280 feet. Another variation was south of the alley to the 280 feet mark 34-feet width and then 30- feet width south to Market Street. She stated Councilmember Zoldos' preference is for the three-stage process. Tom Mason stated the three-stage process was accurately described. He stated the staff recommendation is a 30-foot wide section to avoid damaging the wall and a transition after 280 feet to 36-feet all the way to the end with sidewalk only on the west side. Councilmember Buttery stated the 30-foot wide section within the 280-feet area would have parking only on one side, then the 34-foot wide section further north to the alley would have parking on both sides, with the sidewalk on the west side only. Councilmember Schmidt clarified his motion was to consider sidewalks on both sides except for the 280-foot section where the sidewalk is only on the west side. Vice-Mayor .lackson seconded the motion. Councilmember Buttery stated he has concerns with the impact on trees. Therefore, he would recommend a three-stage process transitioning from a 30-foot width to a 34-foot width and then a 36-foot width with the sidewalk on the west side. Aye: Nay: Vote: Schmidt, Martinez, Jackson, Buttery, and Kramer Mayor Umstattd 5-1-1 Tom Mason verified Pershing Avenue would be 30-feet from Market Street to 280 feet north, from that point to the alley it would be 34-feet, and from the alley to the end of the street 36-feet wide with the sidewalk on both sides with the exception of the 30- feet portion with a sidewalk on the west only. Councilmember Buttery stated it was his understanding that he was not voting on sidewalk on both sides. Councilmember Schmidt stated that his motion was sidewalk on both sides with the exception of the 280 feet with sidewalk on the west side only. Councilmember Buttery asked for a revote. The motion was approved by the following vote: Aye: Nay: Vote: Schmidt, Martinez, ~lackson, and Kramer Buttery and Mayor Umstattd 4-2-1 (Zoldos) Town Council Minutes for 3uly 8, 2003 Page ? On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, the following motion was proposed: 2003-:!.:!. :1. RESOLUTZON Amending the development plan review and inspection fee schedule. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd Nay-' None Vote: 6-0-1 (Zoldos absent) On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2003-Z'12 RESOLUTZON Authorizing an amendment to the contract with the architect to design an additional 6,500 square feet of space for the addition to Town Hall. Councilmember Schmidt clarified Bowie Gridley & Associates are fine architects and the proposed plan is flexible. He stated he supports the additional 6,500 square feet and the build out of Loudoun Street. He added the additional space could be leased to increase revenue. Further, there will be no impact on the taxpayers at this time since we will be borrowing from the Utility Fund. Councilmember Martinez agreed with Councilmember Schmidt on the advantages of building out Loudoun Street and a mixed use with retail space. He stated the addition would create an incentive to continue down Loudoun Street. Further, he stated he would not be in favor of developing the area of the rose garden as suggested by a petitioner at tonight's meeting. Councilmember Kramer stated this addition is an investment in the town. She stated we should look at our vision and what we expect the town to be able to accomplish in coming years. This will create an economic engine that will jumpstart that part of Town and build upon our historic retail. Further, she stated that the architect is of exceptional quality. This infill project will create an air of what the street used to look like. She added Staunton, Virginia has done an amazing job with an infill project to build a parking garage. Vice-Mayor Jackson stated he opposes the additional funding and does not wish to raise taxes, He added that the 2005 CIP would probably require a tax increase. Councilmember Buttery asked for clarification on funding approval by a previous Council? Nicole Ard stated Council provided funding through the 2003-2007 C~[P Summary Year in the amount $3.3 million with $400,000 of prior authorization. Ms. Ard clarified the C:[P was approved in the FY 2003 budget. Mr. Noe clarified that a stand-alone resolution has not been passed for this addition. A resolution adopting the budget and C]~P incorporates the $3.3 million, Town Council Minutes for ,luly 8, 2003 Page 8 Mr. Noe explained that with capital projects we take generally accepted standards in what they cost. That is how we arrive at a number in the CIP. Council will then make a decision as to whether to authorize a contract. Councilmember Buttery stated when we voted to authorize the selection of the architect, we didn't vote on approving funding for the actual construction. Further, tonight's vote will be for the additional architectural renderings. Mr. Noe stated the motion is to add 6,500 square feet to the proposed building and to authorize the architect to design a building based on that entire space. Councilmember Buttery stated he could support the design. Bob Noe commented the architect has not been given any direction; from this point on we will give direction as to what we want. Mayor Umstattd stated she would be opposing this resolution for an additional 6,500 square feet. She stated if we move forward retail should be kept in perpetuity. Further, she believes this is the wrong place for government office space causing loss of small businesses. She stated we should not use prime retail space. She added her concern with no cap on the total cost of the building. Further, she stated this is not a better location for the visitor's center. She noted it does make sense to move now, but this is the wrong location. Councilmember Schmidt suggested revising the motion to strike the fourth "whereas" and the Utility Fund amount changed from $1.225 million to $120,000 and insert a sentence as follows, "Whereas, the Council desires first floor retail space incorporated into the design. Mayor Umstattd stated she would support those amendments. Bob Noe stated that the title should be revised as follows: "Authorizing an amendment to the contract with the architect to design an additional 6,500 Sq. Ft. for the addition to Town Hall". ]:n the resolve, it should read, "to amend a contract" Councilmember Martinez asked staff to revise the resolution and return at the end of the meeting. Mayor Umstattd stated Council would proceed with this item at the end of the legislative agenda. On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the following motion was proposed: RE$OLUT]:ON Authorizing the Town Manager to enter into a cooperative agreement with Loudoun Museum and a donation to the Loudoun Museum of.$150,000. Councilmember Buttery stated he appreciates the museum director making public the building that the museum would like to renovate. Town Council Minutes for July 8, 2003 Page 9 He stated funding is not critical at this time. Further, he would like citizens of the town to have an opportunity to respond. He asked that the $150,000 fund donation for fiscal year 2005 be removed from the resolution at this time. Mayor Umstattd stated this the first that the public has been aware of the significance of the building. She stated there is probably strong public support, but it is premature to vote tonight. The Mayor stated she prefers that this item return at the next council meeting in a resolution that fully outlines the significance of the building and its protection as a historic structure. Marybeth Mohr stated the school board would like the museum to come to the table with a commitment from the town. She stated she is looking for the support of the community in the conservation of the training school. The reason the number is in here is the available federal grants to save the building are available with a public-private partnership. The Mayor stated the resolution for the next Council meeting should include the historical significance of the building, the address of the building, full definition of its meaning to the town, and a clear definition of what type of agreement. was the consensus of Council to revisit this issue in two weeks. Bill Donnelly stated there are a number of financial questions to be identified. Council should direct staff to enter into discussions and negotiations with the museum and the school board before returning with business terms for endorsement. Then an agreement can be drafted. He stated the museum agreement might be similar to the recent grant to Dodona Manor to assist with rehabilitation and renovation. He suggested a general statement of support for the project, entering into negotiations and returning with basic business terms. The Mayor asked that all historic facts be provided to staff. 2003-1:~2 RE$OLUT]:ON Authorizing an amendment to the contract with the architect to design an additional 6,500 square feet of space for the addition to Town Hall. Town staff returned with revised language to the Town Hall addition. Mayor Umstattd read the amended resolution. Councilmembers Martinez and Kramer accepted the revised language. Councilmember $chmidt reminded Council that the design option should be addressed. He suggested adding language to include, "design known as Option B2". Councilmember Buttery suggested additional language stating, "some first floor retail space". Town Council Minutes for .luly 8, 2003 Page 10 Bob Noe stated Council would have the opportunity to approve the final design at which time they can determine how much retail. Councilmember Buttery withdrew his amendment to add "some" first floor retail. The amended resolution was approved by the following vote: Aye: Buttery, Kramer, Martinez and Schmidt Nay: Vice-Mayor Jackson and Mayor Umstattd Vote: 4-2-1 (Zoldos absent) On a motion by Councilmember Martinez, seconded by Councilmember Schmidt, the following motion was proposed: 2003-113 RESOLTUTON Authorizing Part B final design of the contract with Michael Baker Jr., Inc. for the Town Branch Improvements from South King Street to Monroe Street in the amount of $102,300. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd Nay: None Vote: 6-0-1 (Zold0s absent) On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson, the following motion was proposed: 2003-114 RESOLUTION Setting the Town Council Calendar. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) Boards and Commissions a. Airport Commission - No comment b. Thomas Balch Library Commission - No comment c. Board of Architectural Review - No comment d. Cable Commission - No comment e. Economic Development Commission - No comment f. Environmental Advisory Commission - No comment g. Tnformation Technology Commission - No comment h. Parks and Recreation Commission - No comment i. Planning Commission - No comment j. Tree Commission - No comment k, Standing Residential Traffic Committee - No comment New Business None Town Council Minutes for .luly 8, 2003 Page ! 1 N. Adjournment On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the meeting adjourned at 9:50 p.m. ~ e. Ur~tattd, Town of Leesburg A-I-I-EST: ~1: Clerk/min utes/2003_tcmin0708.doc