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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