HomeMy Public PortalAbout2003_10_28COUNCIL MEETING October 28, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Melinda Kramer, Mervin Jackson, Marry
Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd.
Councilmembers Absent: None
Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathleen
Leidich, Director of Engineering and Public Works Tom Mason, Chief of Police Joe
Price, Director of Human Resources Dona Wolf, Director of Planning, Zoning and
Development Susan Swift, Traffic Engineer Calvin Grow, Zoning Administrator Brian
Boucher, Deputy Director of Utilities Aref Etemadi, Water Pollution Control Facility
Superintendent Steve Cawthron, Tourism Coordinator Marantha Edwards,
Management/Budget Officer Mike Freda, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
A, Invocation by Councilmember Zoldos
B. Salute to the Flag was led by Councilmember Kramer
C. Roll Call showing Councilmember IVlartinez arriving at 7:55 p.m. and
Councilmember Buttery arriving at 9:15 p.m.
D. Minutes
On a motion by Vice Mayor Jackson, seconded by Councilmember Zoldos, the
minutes of the October 14, 2003 work session were approved on a 5-0-2 vote
(IVlartinez and Buttery absent), with minor edits.
Presentations:
a. Parking Management Study Report
Betsy Fields introduced Mike Connor with Desman Associates.
Mr. Connor reported that an inventory of public and private parking
spaces shows 4,000 off-street parking spaces and 500 on-street spaces
available to the general public. Further, off-street parking has 65% of
occupancy at peak with 58% of the spaces available to the general public
occupied at peak.
He reported that the Town of Leesburg does have a surplus of parking
spaces, however the surplus is not located where parkers wish to park.
He added the surplus might be adequate for today's demand, but future
development could potentially cause parking deficits.
The stress will increase in the core parking area within the next 0-5
years. He gave parking projections for the next ten years.
Town Council minutes for October 28, 2003 Page 2
Mr. Connor reported the Liberty Street lot needs significant upgrades
to lighting and signage. Further, the county's Pennington Lot could be
expanded.
Mr. Connor recommended is the creation of a Parking Division to
centralize responsibility for all functions of parking management. This
would include parking administration, parking enforcement management
and oversight, parking meter management and short and long-term
maintenance responsibilities.
Further, he discussed parking enforcement; meter rates and parking
garage increases and finally outlined an implementation program.
Councilmember Schmidt verified that the recommendation is to waive
the two hours of free parking in the parking garage.
Councilmember Martinez stated we are losing revenues on meters.
Councilmember Zoldos asked if there was any recommendation on
employees parking in the town garage.
Mr. Connor stated their recommendation is that employee parking be
relocated to Liberty Street.
Vice Mayor Jackson pointed out that the Liberty Street lot is often full
on weekends. Further, he recommended encouraging the county to
relocate their town garage spaces to the Pennington Lot.
Betsy Fields added that when the jail is demolished, 120 spaces would
be available in the core parking area. Also, the courts will provide
sufficient parking for their needs.
Councilmember Kramer thanked Mr. Connor for this comprehensive
study and verified that he would not recommend expanding the existing
town parking garage.
Mayor Umstattd verified it is recommended to send short-term
parking to Liberty Street and provide better signage to that lot.
b. Annual Report - Karen .]ones
Karen Jones, Chairman of the Economic Development Commission,
presented the commission's Annual Report.
She discussed how they are working in conjunction with the vision for
the town to be neighborly, safe, business friendly, affordable, well
planned, and community oriented while maintaining respect for historic
integrity and cultural diversity, with great opportunities for all citizens.
She outlined the history of the Economic Development Commission,
their committee structure, statistics and current membership.
Further discussed were some of their current activities, such as the
business development strategy implementation, business participation,
Town Council minutes for October 28, 2003 Page 3
staff partnerships, Leesburg Downtown Business Association and Main
Street Leesburg. New events include a Fall into the Arts Program,
~[ndependence Day Parade, and new business development. ~[n conclusion,
she outlined the future areas of focus for the EDC.
Council thanked Ms..1ones for the excellent report and thanked the
EDC for the great job they are doing.
Mayor Umstattd recommended referring the Parking Study Report to
the EDC for review.
c. Town Plan Update - Lyle Werner
Lyle Werner, Planning Commission member, discussed the progress of
the Town Plan update. She reported the sector meetings are completed,
and the final visioning session will be held on November 15th.
The next step is for research and hopefully a draft document will be
ready by March. A revised plan will then go out to the public by this time
next year.
Council thanked Ms. Werner for the update.
F. Petitioners
Aref Etemadi, along with fellow staff members from the Waste Water Pollution
Control facility, Steve Cawthron, Ed Rockholt, and John Mercer presented Council
with an award received from the Virginia Municipal League for the town's biosolids
product program.
Craig Lane, 613 Cobbler Terrace, addressed Council regarding southeast
Leesburg transportation issues.
He endorsed the recommendations made by Traffic Engineer Calvin Grow
with the exception of reducing the speed limit on Sycolin Road.
Public Hearing
Special Exception #SE-2003-03, Mobil Car Wash, 1017 Edwards Ferry
Road, NE, to permit a single-lane car wash addition to an existing
service station
The public hearing opened at 9:20 p.m.
Brian Boucher outlined this application to locate a single-lane car wash
addition to an existing Mobil Station at 1017 Edwards Ferry Road, NE.
Councilmember Kramer discussed the planting of trees on the site.
Mr. Boucher stated Iow maintenance trees, recommended in the Zoning
Ordinance, would be used.
The applicant, Dick Coty, addressed Council.
Mr. Coty stated this is a dealer-owned station and this addition will help them
compete with the proposed Costco across the street.
Town Council minutes for October 28, 2003 Page 4
There were no petitioners.
The public hearing closed at 9:3! p.m.
H. Council Comments
Councilmember Schmidt asked the Town Manager to discuss the park and
ride site as part of his report as well as a report from Susan Swift with reference to
her meeting with the county.
He disclosed a meeting with Barber and Ross with reference to a rezoning and
with Greg Wigfield relating to a performing arts center.
Councilmember Schmidt reminded citizens of the Halloween Parade and
Loudoun County's Homecoming on Friday night.
Councilmember Martinez reported visiting Graydon Manor. He stated that
Bernie Haberline has extended an invitation to Council to visit the facility.
He asked that staff provide a written copy of comments by Steve Cawthron
from the VML Conference in Roanoke.
Councilmember Martinez asked that Council be provided an accounting of the
average cost of publishing a Council agenda notebook.
Councilmember Zoldos disclosed that he had met with Greg Wigfield
regarding the proposed performing arts center at Greenway Farms.
Councilmember Zoldos asked when the Town Manager would make a decision
on an appointment of an Airport Director and Balch Library Manager?
He congratulated Steve Cawthron and his staff on receiving the VML award.
Councilmember Zoldos stated Council encourages a park and ride site in
Leesburg, but other alternative sites have been suggested to the County.
He discussed the infrastructure in southeast Leesburg stating that options
were proposed at last night's meeting to help resolve concerns in the areas of
Sycolin Road, Lawson Road, Evergreen Mill Road and Tolbert Lane. He stated the
cost of the proposed options is approximately $850,000.
Vice Mayor Jackson stated he had met with John Clark, Loudoun County
Transportation, and residents in the southwest concerning the Westpark park and
ride site.
The Vice Mayor disclosed he also met with Providence Baptist Church and Star
Pontiac.
Councilmember Buttery had no comments.
Councilmember Kramer stated Council is working with the county to consider
what is in the best interest of Leesburg with reference to the park and ride site.
Town Council minutes for October 28, 2003 Page 5
She reported that the Fall into the Arts Festival was very successful and
thanked the local merchants for their support of that event.
Also, she reported on the success of Leesburg Hauntings and encouraged
citizens to vote on November 4.
Mayor's Comments
Mayor Umstattd thanked the Economic Development Commission for a
successful Business Appreciation Awards Program.
The Mayor commended Councilmember Kramer for chairing the Fall into the
Arts Festival program.
She reminded Council of the Loudoun Rescue Squad ribbon cutting ceremony
on November 2.
The Mayor suggested a formal discussion with the Loudoun County Board of
Supervisors on the proposed park and ride site at Westpark and alternative sites that
may be available to them.
Council discussed a public input session on the proposed Westpark park and
ride site. Tt was the decision of Council to have a 7:00 meeting prior to the
November 10 work session.
.1. Hanager's Report
Susan Swift reported on her meeting with .lohn Clark, Loudoun County
Transportation, in reference to a park and ride site. She stated they discussed a site
at the interchange site of Rt. 7 and Battlefield Parkway as well as interchanges at
other quadrants in town. Further, she stated the county did not see any sites they
liked.
IVls. Swift stated the need for more information from the county, such as,
their budget and schedule for buying a site. She suggested inviting the county staff
to the November :[0 meeting.
Councilmember Martinez asked about right-of-way on the Greenway extended
as a possible site.
Ns. Swift stated she has asked the county to contact the owners of that
property.
Other probable sites were discussed.
Councilmember Kramer suggested sending written notice to the county for
answers to our questions.
Ms. Swift stated a letter would be sent to Mr. Clark outlining our questions.
The Mayor added that most town citizens do not use the park and ride in
Leesburg.
Bob Noe stated he has made a conditional offer for the Balch Library Manager
position and will be doing so soon for the Airport Director position.
Town Council minutes for October 28, 2003 Page 6
Mr. Noe stated that Eric Strom, attorney for Michel Agujia, has presented the
town with a $25,000 check in restitution for purchase card debt. He added that Mr.
Agujia's annual leave and VRS funds are being held pending a final determination of
costs.
Mr. Noe stated he would proceed with depositing the $25,000 check.
He added that he has a new business item pertaining the proceeding with a
scope of work for the PBGH audit.
L ORDINANCES J
On a motion by Vice Mayor Jackson, seconded by Councilmember Martinez,
the following motion was presented:
2003-O-18
ORDZNANCE
Amending Chapter 15, Article II, of the Town Code regarding sewer use standards
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following motion was presented:
2003-O-19
ORDTNANCE
Amending Chapter 12.1 of the Town Code to enable the town to conduct
fingerprinting
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following motion was presented:
2003-O-20
ORDTNANCE
Amending Section 10-131 of the Town Code to authorize a change in the speed limit
on Sycolin Road, SE
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor
Umstattd
Nay: None
Vote: 7-0
Town Council minutes for October 28, 2003 Page 7
CONSENT AGENDA
On a motion by Vice Mayor Jackson, seconded by Councilmember Buttery, the
following consent agenda was proposed:
2003-139
RE$OLUTTON
Authorizing time extensions for completion of public improvements and approving
performance guarantees for Potomac Station, Sections lB, lC, 3C, and 6EFG.
2003-140
RESOLUT]:ON
Designating Applicant's Agent for Federal Disaster Assistance Purposes
2003-141
RESOLUT]:ON
Special Exception 2003-02, Leesburg Auto Finance Annex, to permit vehicle storage,
sales and service use
The consent agenda was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor
Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA ]
On a motion by Mayor Umstattd, seconded by Councilmember Buttery, the
following motion was proposed:
2003-142
RE$OLUT]:ON
Making an appointment to the Parks & Recreation Commission - Brian Fugere
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following amended resolution was proposed:
2003-143
RE$OLUTTON
Authorizing a time extension with conditions for completion of public improvements
in the Dry Mill Subdivision, Section lA.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor
Umstattd
Nay.' None
Vote: 7-0
Town Council minutes for October 28, 2003 Page 8
On a motion by Councilmember Martinez, seconded by Councilmember
Buttery, the following motion was proposed:
2003-;~44
RE$OLUT]:ON
Authorizing the issuance and sale of $1,350,000 General Obligation Bonds
Mayor Umstattd stated we are unable to amend this motion to include
additional expenditures without another public hearing.
Councilmember $chmidt asked if the resolution should address the funding
institution and rate as discussed in work session?
Mr. Donnelly stated the resolution is in order as drafted by our bond counsel.
He added it would give them the flexibility in the event that rates may change.
Councilmember Zoldos stated he could not support South King Street Trail
part of this proposal.
The motion was approved by a roll call vote as follows:
Aye: Buttery, .lackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay.' Zoldos
Vote: 6-1
On a motion by Councilmember Zoldos, seconded by Councilmember
Schmidt, the following motion was proposed:
2003-::1.45
RE$OLUT:ZON
Amending the Town Attorney's Employment Contract
Councilmember Zoldos asked that the proposed 3% merit increase be
effective .luly 1, 2002.
The motion was approved by the following vote:
Aye: Buttery, ~lackson, Schmidt and Zoldos
Nay: Kramer, Martinez and Mayor Umstattd
Vote: 4-3
L. Boards and Commissions
a. Airport Commission - No comment
b. Thomas Balch Library Commission - No comment
c. Board of Architectural Review - No comment
d. Cable Television Advisory Commission - Councilmember Buttery
advised that a vacancy still exists on this commission and requested that
interested persons get in touch with him or the Clerk of Council.
e. Economic Development Commission - No comment
f. Environmental Advisory Commission - No comment
Town Council minutes for October 28, 2003 Page 9
g. Znformation 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 -Vice Mayor .lackson the
committee will be asking for traffic calming funds in the mid-year budget.
M. New Business
On a motion by Councilmember Martinez, seconded by Councilmember
Zoldos, the following motion was proposed:
2003-146
RESOLUT:i:ON
Requesting transportation funding from Loudoun County and the Loudoun County
School Board for turn lanes and a traffic signal at Evergreen Mill Road and Tolbert
Lane
Bill Donnelly commented there is a question as to whether the county has
legal authority to spend general funds in the Town of Leesburg. He added gas tax
monies are earmarked for the next couple of years.
The Mayor suggested an amendment to the last paragraph to add a
statement, "The town requests the Board of Supervisors and the School Board to
include funding to the extent permitted by law for the following purposes."
Councilmembers Martinez and Zoldos accepted the friendly amendment.
Councilmember Buttery stated if it is not legally possible to provide funding,
we should talk to our delegation to make changes.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay.' None
Vote: 7-0
On a motion by Councilmember Martinez, seconded by Councilmember
Schmidt, the following motion was proposed:
2003-147
RESOLUTTON
Authorizing the Town Manager to enter into agreement with PBGH Certified Public
Accountants to conduct a test of town purchase card transactions for a fee not to
exceed $15,000 plus out-of-pocket expenses.
Councilmember Martinez stated the scope of work is not large enough, but is
a start.
Councilmember Zoldos commented he favors a comprehensive audit of all
records and would not be supporting this resolution.
Town Council minutes for October 28, 2003 Page :1(
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: Zoldos
Vote: 6-1
On a motion by Councilmember $chmidt, seconded by Councilmember
Zoldos, the following motion was proposed:
2003-148
RESOLUT:[ON
Town Manager review of expenditures
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
N. Adjournment
On a motion by Councilmember Zoldos, seconded by Councilmember Kramer,
the meeting adjourned at :10:51 p.m.
A~-F/~ST:
/ / / ~, ? _
Cl?k of Council
Minutes: 2003_tcmin1028.doc
Town of Leesburg