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HomeMy Public PortalAbout2010_tcmin0427COUNCIL MEETING April 27, 2010 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Thomas Dunn, II, Vice Mayor Katie Sheldon Hammler, David Butler, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: None Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Public Works Director Tom Mason, Deputy Director of Utilities Aref Etemadi, Director of Plan Review Bill Ackman and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Call to Order 2. Invocation was lead by Mayor Umstattd 3. Salute to the Flag was lead by Girl Scout Troop 6658 4. Roll Call showing all present 5. Minutes a. Work Session Minutes of April 12, 2010 On a motion by Council Member Martinez, seconded by Vice Mayor Hammler, the work session minutes were passed 7-0. b. Regular Session Minutes of April 13, 2010 On a motion by Vice Mayor Hammler, seconded by Council Member Martinez, the minutes were passed 7-0. 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Martinez, seconded by Council Member Butler, the agenda was approved as presented. The motion to adopt the meeting agenda passed by the following vote: Aye: Dunn, Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote : 7-0 7. PRESENTATIONS a. Certificates of Recognition -Harper Park Odyssey of the Mind Team. On a motion by Council Member Reid, seconded by Council Member Dunn, Certificates of Recognition were presented to the following Odyssey of the Mind team members who will be competing in the World Championships in May: Michael Petrilla Devin Clawson Christiana Querry Hayley Clawson Jacob Smith Matthew Perkins Kaitlyn Blackburn Coach Lynne Petrilla Coach Abby Clawson Town Council Meeting of April 27, 2010 Page 2 8. PETITIONERS The Petitioners section was opened at 7:47 p.m. - Oliver Peters, Janney Street, stated his opposition to the Southwest Connector Trail. He stated as far back as 20 years ago, his neighborhood was asked if they would be supportive of a bike trail connection and the majority of the then residents were not supportive of the connection. He noted around the year 2000, a survey was distributed asking whether there was support for a trail. He stated he is still not supportive of a trail even though the locations of parts of the trail have shifted and changed. He stated three concerns: 1. Additional traffic to the neighborhood, which could also lead to a potential for additional crime in the neighborhood. 2. Little effort on the part of the town to let the neighborhood know about the trail. 3. $7 million to build a bike trail. He stated the current economy is not the correct time to be talking about a $7 million bike trail. Dina Gallahan stated she represents the majority of those who oppose the Southwest Connector trail at Country Club Green Condominiums. She stated the birds singing are competing with the noise of the traffic on the bypass because the power company has cleared away so many trees for their power line towers. She stated the 90 foot steel tower is just the beginning of the noise and ugly construction. Ms. Gallahan stated that no one can give them an idea of what the bridge will look like and added that the neighborhood was left out in the initial planning stages. She noted this is a large amount of money for something that is not absolutely necessary right now. She asked Council to reconsider the use of the money and destroying the quality of the community life at Country Club Green. Heidi Malacarne stated she participated in the Citizen's Advisory Committee for .__ the review of the Town Plan in 1992-1994. She discussed the review process and the effect of the recommendations made by the citizen committee. She noted the citizen recommendations were not taken into consideration and expressed her feeling that non-vehicular access and safety concerns have been diverted by the Standing Residential Traffic Committee (SRTC). She expressed her opinion that the SRTC is self-serving and stated there needs to be a more equitable approach to transportation and safety. She expressed that the needs of pedestrians and cyclists need to be taken into consideration when projects and decisions are made and approved and those special interest groups need to have representation on the committees that make recommendations to Council. Ann Robinson (via email, read into the record), 125 M Clubhouse Drive: I am writing to re-affirm the results of the survey brought to you in November 2009, indicating a more than 2/3 majority in CCGC opposed to Phase 3 of the Southwest Connector. The residents and owners here have not changed their minds. And, since the entire Southwest Connector was planned before the economic recession of 2008 - it makes perfect fiscal sense to pause and re-consider this enormous expenditure of $7.5 million. Certainly families throughout the town have had to re-consider their own budget priorities as a result of a change in fortunes and prudent financial planning would dictate the same caution at the government level as well. I have a growing petition list of over 200 voters from all over Leesburg that think there should be a higher priority in the budget than the $7.5 million Southwest Connector. This trail effort has drastically exceeded its original commission. The Petitioners section was closed at 8:05 p.m. Town Council Meeting of April 27,2010 Page 3 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Butler, the following consent agenda was proposed: a. Making an Appointment to the Environmental Advisory Commission RESOLUTION 2010-040 Making an Appointment to the Environmental Advisory Commission (James Dorsey) b. Approving Change Order No. 17 for the Design Services on the Sycolin Road Widening Phase III Project RESOLUTION 2010-041 Approving Change Order No. 17 for the Design and Engineering Services on the Sycolin Road Widening Phase III Project in the Total Amount of $273,850.00 c. Accepting Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Public Improvements at Village at Leesburg-- Traffic Signals on Russell Branch Parkway West RESOLUTION 2010-042 Accepting Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Public Improvements at Village at Leesburg -Traffic Signals on Russell Branch Parkway West d. Authorizing the Town Manager to Execute Amendment No. 2 to the Existing Town/VDOT Administrative Agreement for the Downtown Streetlight Project RESOLUTION 2010-043 Authorizing the Town Manager to Execute Amendment No. 2 to the Existing Town/VDOT Administrative Agreement for the Downtown Streetlight Project e. Declaring that a Public Necessity and Use Exists and Authorizing Staff to Acquire Permanent Town Easements to Construct the Lowenbach Phase II Street Improvements Project, and Authorizing Condemnation if Offers are not Accepted RESOLUTION 2010-044 Declaring that a Public Necessity and Use Exists and Authorizing Staff to Acquire Permanent Town Easements to Construct the Lowenbach Phase II Street Improvements Project, and Authorizing Condemnation if Offers are not Accepted f. Declaring that a Public Necessity and Use Exist, Authorizing an Offer to Acquire Permanent and Temporary Easement for North King Street Drainage Improvements Project and Authorizing Condemnation if the Offer is not Promptly Accepted Town Council Meeting of April 272010 Page 4 RESOLUTION 2010-045 Declaring that a Public Necessity and Use Exist, Authorizing an Offer to Acquire Permanent and Temporary Easement for North King Street Drainage Improvements Project, and Authorizing Condemnation if the Offer is not Promptly Accepted g. Supplemental Appropriation for Apron Repairs at the Leesbur4 Executive Airport RESOLUTION 2010-046 Supplemental Appropriation for $23,413 to the FY 2010 Airport Fund Operations Budget for Emergency Repairs to the Main Aircraft Parking Apron The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor U mstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Design and Construction Standards Manual Articles 2, 4, 7 and Appendix A The public hearing was opened at 8:08 p.m. Bill Ackman presented proposed amendments to Articles 2, 4, 7 and Appendix A of the Leesburg Design and Construction Standards Manual. He stated under Article 2, Water and Fire Regulations, does not contain anything ~' that is not currently in practice. He stated the Town has enforced these regulations since construction practices and health department regulations also require them and this formalizes the regulations. He stated it references the Director of Utilities as the person responsible for approving the public water line portion of the plans and revises the text to reference current code references, revises the requirements to meet current health department regulations required due to related separation of water and sanitary sewer lines. He stated the changes are consistent with what is currently required by the Utilities Department and enforced in the field. He stated this provides the Utilities Department with some flexibility in the review of construction plans to ensure the new water system is constructed consistent with the town's existing water line systems and clarifies when and where test pits are required. He noted these text amendments bring our regulations in line with current state health department requirements and accepted construction practices that are currently administered. He noted in Article 4, Sewer and Solid Waste, reference the Director of Utilities as the person responsible for approving the public sanitary sewer system portion of the plan and revises the text to include current code references. He stated it also revises the requirements to meet current health department regulations related to separation of water and sanitary sewer lines, clarifies how and where manholes, clean outs, laterals, etc. are to be constructed in the field. He stated this is consistent with what Utilities requires from plans today and inspectors enforce in the field and provides Utilities with flexibility in the review of construction plans to ensure the new sanitary system is constructed consistent with the town's existing sanitary system. He Town Council Meeting of April 27,2010 Page 5 stated it also updates pump station design requirements, clarifies sanitary sewer line acceptance requirements and matches up regulations with what is being enforced. He stated Article 7, Transportation, references current plan types used in the Subdivision Regulations, but were outdated in the DCSM references and revises text references to reflect current code references, clarifies traffic study requirements, and removes specific town requirements that are now referenced by VDOT standards. He stated outdated language has been removed regarding parking, sidewalks, lighting requirements, and made reference to the Zoning Ordinance where the current criteria is listed. Mr. Ackman noted these amendments were developed in conjunction with the private sector, VDOT, and the county. Kevin Murrav, Tri-Tek Engineering, stated he worked with staff and other private sector engineers on these revisions. He stated it was a pleasure to see this process completed as these are long-needed updates and clarifications that will make the review process smoother. He encouraged the Council to adopt these amendments so they can be put into use as soon as possible. Council Member Wright asked whether the Town has to follow VDOT requirements or can the Town be less stringent in certain areas of Town. Mr. Ackman stated for the most part, VDOT regulations have been incorporated but a few places the Town is actually more stringent such as in the cul-de-sac bulb radius.. He explained the need for a larger cul-de-sac _. turnaround being for larger vehicles such as trash trucks, fire trucks and moving vans. He stated the Town conforms to Loudoun County's requirement regarding pavement widths, which reduces the pavement widths in the old DCSM. Council Member Butler questioned whether there is anything in the proposed changes that staff, environmental advocates, or developers might find particularly controversial. Mr. Ackman stated the changes have been thoroughly vetted through several groups including Engineers and Surveyors Institute (ESI), the Development Advisory Group (DAG) which includes engineers and developers, and various town staff. Council Member Reid questioned the increase in the length of no parking areas near intersections. He questioned the dates spelled out for traffic studies. Mr. Ackman stated this brings the regulations into compliance with the Fire Marshal's requirements, which is an absolute minimum for the fire apparatus to be set up in an intersection. Mr. Ackman noted that a provision has been made for use of off-peak hours using a multiplier available from the Traffic Engineer, adding that the multiplier will differ depending on the section of town. Town Council Meeting of April 27,.2010 Page 6 Council Member Reid expressed concern regarding the increased width required for shared use paths. Mr. Ackman noted that VDOT has very specific standards and the town will be matching those standards. He stated he does have the ability to modify numerical values if there is sufficient justification for a modification. There was discussion over length of review. Mr. Ackman noted that the review times in the Development Activity Report include the period of time the applicant spends making adjustments to their plans and the Town's process adds up to no more than 1`20 days of review. Council Member Reid stated he still hears some complaints occasionally, but compared with 2008, the review times are a lot better. Vice Mayor Hammler questioned whether the changes could be summarized and posted via Twitter for the citizens. Mayor Umstattd questioned whether there would be some ability to address citizen desires in the development process. She questioned what ability the Town has to require the siting of waterlines to have the least impact on adjacent properties. Mr. Ackman stated there will always be case-by-case situations. He stated there are some instances where he can be flexible, but those regarding safety or ASHTO criteria, he cannot be as flexible but he will let Council know why there is no room for flexibility in those instances. Aref Etemadi stated the Fox Ridge Subdivision was one of the first ____ subdivisions approved in the town and since then, the town has tried to avoid similar problems by requiring necessary easements for waterlines passing through private property. Mayor Umstattd clarified that the use of polybutylene pipe has been discontinued in the town. Mr. Etemadi stated copper pipe is used until it reaches private property and the material the developer uses on private property can only be regulated by the National Plumbing Code. The public hearing was closed at 8:33 p.m. On a motion by Council Member Butler, seconded by Council Member Wright, the following was proposed: ORDINANCE 2010-0-010 To Revise Article 2 (Water and Fire Regulations), Article 4 (Sewage and Solid Waste Disposal), Article 7 (Transportation) and Appendix A (Construction Standards) of the Design and Construction Standards Manual (DCSM) of the Town of Leesburg, Virginia, 2003, as amended The motion was approved on the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Town Council Meeting of April 27, 2010 Page 7 Vote: 7-0 11. ORDINANCES a. None 12. RESOLUTIONS AND MOTIONS a. FY 2010 Milling and Paving Budget On the motion of Council Member Wright, seconded by Council Member Butler, the following was proposed: MOTION 2010-005 To Direct Staff to Release the $179,635 Set Aside for Milling and Paving in FY 2010 Based on Current Conditions as Noted in the Staff Report Council Member Wright noted that based on the staff report and his personal observations, some roads will need to be repaved this year and next year. Council Member Butler stated he voted originally to hold back the paving money for those particular streets to see if the roads would degrade at the expected rate and they have degraded at a faster rate than expected. He stated he is especially interested to see Sycolin Road repaved so the re- striping can be done to eliminate the °pinch" point near Hope Parkway. Council Member Reid questioned why Woodberry Road is included when a storm drainage project is slated for this street. He stated he agreed with Council Member Butler about Sycolin Road, but he believes the town is _ overspending on milling and paving. He requested a discussion at some future point. Tom Mason stated this road may be withdrawn depending on when the capital project is slated to begin. Vice Mayor Hammier questioned what the percentage breakdown of labor versus materials for the proposed repairs. Mr. Mason stated the cost is based on contract unit prices for square yard of milling and tons of asphalt. He stated he does not have a breakdown for labor costs. He clarified that no full time town employees are used as this work is completed by contract employees. Vice Mayor Hammier questioned how the amount of work necessary matches up perfectly with the amount of money available. Mr. Mason stated they matched up the limits of need on Edwards Ferry by matching up with what would be completed with the Lowenbach project and this balances with the piece of Sycolin Road. Vice Mayor Hammier questioned what time line with respect to the release of emergency funds from state and federal sources and questioned whether this additional allocation of funds due to roads that have deteriorated because of the winter storms would help the town's cause when seeking its fair share of emergency funds., She questioned whether there have been citizen complaints about these roads. Town Council Meeting of April 27,2010 Page 8 Mr. Wells stated staff is still working through legislative means to garner these funds. He stated the funds will be for direct damage to -- structures directly related to the amount of snow and the cost of plowing and removing the snow; however, accelerated need for road maintenance is not eligible for reimbursement. Mr. Mason stated there have been a number of calls about Edwards Ferry Road, in particular. Council Member Dunn clarified that these streets would have to be paved regardless of whether the town re-allocates the money necessary. He asked for further explanation of where the funds would come from if they were not taken from the amount held back. Mr. Mason stated if they are not paved at the end of this fiscal year, they will be the first streets paved next year. Mr. Wells stated the previous Council resolution indicated that money would be held back from the budget as it was originally adopted with the idea that roads might not deteriorate as much as anticipated. He stated the money identified were originally allocated for milling and paving, but were held aside as part of the overall contract award and Council had asked for a report back on the condition of the roads at a periodic point in time. He stated this is the requested report on the condition of the roads, which have significantly deteriorated due to the winter conditions. He stated the roads may not be able to wait until the fall milling and paving and may require additional patch and repair. He noted these funds are not coming from fund balance, but are part of the FY2010 budget for milling and paving. Council Member Dunn made a motion to postpone until the next work session. The motion was seconded by Council Member Reid. Council Member Dunn stated he would like more information as far as the contact goes and what was agreed to in August. Council Member Reid stated he would like to see additional information at a work session. Council Member Wright this can be discussed now and the information was given to Council at the last meeting. He noted there has been time for research in the intervening time. Council Member Butler reminded Council that paving of Edwards Ferry Road from Harrison to Prince and Sycolin Road from the Bypass to Hope Parkway are what is on the table. He stated he does not want to tell citizens that Council wants to talk about it more after there have been a number of complaints about the condition of these roads and the money is budgeted. Vice Mayor Hammier asked when the repairs can begin if these funds are released. Town Council Meeting of April 27, 2010 Page 9 Mr. Mason stated the sooner the roads are included in the contractor's schedule, the more likely it is they can be completed in a reasonable amount of time. Mayor Umstattd stated she is ready to vote for these paving projects at this time. She stated in August she had her doubts that it was a good idea to postpone them. She stated she has observed the deterioration on Edwards Ferry and Sycolin Road and feels it to be essential to get this authorized. The motion to postpone failed by the following vote: Aye: Dunn and Reid Nay: Butler, Hammler, Martinez, Wright and Mayor Umstattd Vote: 2-5 The original motion was then approved by the following vote: Aye: Butler, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Dunn and Reid abstaining) 14. UNFINISHED BUSINESS a. None 15. NEW BUSINESS a. Declaring that a Public Necessity and Use Exists. Authorizing Offers to Acquire Permanent Easements for the Dr~Mill, Wage and Anne Storm Drainage Improvements Project and Authorizing Condemnation if the Offer is not Accepted On a motion by Council Member Butler, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2010-047 Declaring that a Public Necessity and Use Exists, Authorizing Offers to Acquire Permanent Easements for Dry Mill, Wage and Anne Storm Drainage Improvements Project, and Authorizing Condemnation if the Offer is not Accepted The motion was approved on the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 16. COUNCIL COMMENTS Council Member Reid urged everyone to vote on Tuesday and reminded them the polls are open from 6 a.m. to 7 p.m. He added that absentee ballots are accepted until Saturday. He stated he is looking forward to Employee Appreciation Month. Council Member Butler noted some jurisdictions in Virginia only reassess property values once every 10 years. He stated he had the opportunity to tour the State Police academy. He stated there is a room that contains the portrait of every trooper that has been lost in the line of duty. He stated this helps keep in perspective that what Council does is very important. Town Council Meeting of April 27,2010 Page 10 Council Member Wright also encouraged everyone to vote. He stated he was pleased to see that the Board of Elections will be open from 8:30 to 5 p.m. on Saturday as well as Monday through Friday for absentee in person voting. He noted next week is the National Day of Prayer with one of the events on the Courthouse lawn. Council Member Martinez stated the Loudoun County Animal Shelter will be having a dog wash and free microchip clinic on Saturday in conjunction with the Northern Virginia Community College Veterinary Technology Club. He noted that on May 15t Heritage High School will be having their prom and urged everyone to stay safe. Vice Mayor Hammier noted that Central Loudoun Little League is doing a fundraiser and commended all the great businesses that are supporting them including South Street Under, Moe's, the Tire Shop, Spanky's, Rocco's Pizza, Red Hot and Blue, Cheers Sports, Hair for Me Salon, Tenderjacks, La Villa Roma, and Milwaukee Frozen Custard. She disclosed a meeting on April 19 with Ted Kalreiss and Bob Sevilla regarding Cornerstone Chapel. She stated she appreciates the updates and reminders about the election. She stated the Candidate's Forum was very good and thanked the Downtown Association for hosting. She stated one issue she has heard while going door to door is the opening of Catoctin Circle more quickly than 2013. She congratulated the Wine Kitchen, Lightfoot, and Tuscarora Mill which were selected as Destination Restaurants of nine across the county. She congratulated all the businesses that would be having ribbon cuttings this week including Hideaway Massage and MTN Government Services. She said she enjoyed the Hard Hat tour at the Village at Leesburg. She stated there is some great momentum with new businesses opening including King Pinz and a new movie theater. She stated there is about 200,000 square feet of class A office available. Council Member Dunn reminded everyone to vote on May 4. He stated there have been low turn outs in the past few years and hopefully this one will have better turn out. He stated after the election, Council can revisit the idea of moving elections to November with the hopes of increasing turnout. 16. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting on April 20 with Bob Sevilla and Ted Kalreiss regarding Cornerstone Chapel. She urged everyone to visit TLC Veterinary Clinic as they have expanded their services to include 10 different specialties of veterinary practice. She noted they are drawing from amulti-state customer base as far away as North Carolina, Pennsylvania and Delaware. She stated people have even flown into the Leesburg Executive Airport to take their pets to this center. She stated they offer the use of their conference room to various animal protection groups and veterinary associations. Mayor Umstattd urged everyone to vote on Tuesday. She added that the Farmer's Market at Virginia Village would be opening on Saturday morning. Council Member Reid reminded everyone of the Autism Walk sponsored by ARC of Loudoun at 5 p.m. on Thursday. 17. MANAGER'S COMMENTS Mr. Wells noted the change of venue for the next Downtown Improvements Stakeholder's meeting. He stated it will be held in the lower level conference room at Town Hall on May 13. Town Council Meeting of April 27,.2010 Page 11 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 9:15 p.m. Clerk of C u cil -~-.. ` ~ ~_ ...~ C. U stattd, Mayor Town of Leesburg 2010 tcmin0427