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HomeMy Public PortalAbout2001_03_26 Council Work Session March 26, 2001 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb and Vice-Mayor Umstattd presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, Kristen Umstattd, Robert Zoldos and Mayor Webb. Councilmembers Absent: David Schmidt Staff Members Present: Bob Noe Town Manager, William Donnelly Town Attorney, Deputy Town Manager Phil Rodenberg, Deputy Town Manager for Economic Development John H. King, Director of Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Chief of Comprehensive Planning Randy Hodgson, Assistant to the Town Manager Nicole Ard, Tourism Coordinator Marantha Edwards, and Clerk of Council Judy Ahalt. AGENDA ITEMS Councilmember Zoldos asked that discussion on the Urban Growth Area be added to the end of tonight's agenda. Councilmember Atwell asked that Council proceed with the adoption of a resolution to either accept or endorse the County Facilities & Office Space Task Force report. Mayor Webb moved Item #4 - Fee Waiver Request to be discussed under 1.c of this agenda. 1. Aoenda for Council Meetino of March 27, 2001 a. Acceleratino the Bradfield Drive connection Lee Phillips gave a brief overview on the status of accelerating the opening of Bradfield Drive and related issues. He reported the Woodlea traffic light is due for installation by June, the light at Meade Drive and Rt. 15 is scheduled for completion in August 2001, and a traffic light at Country Club Drive and Rt. 15 is in the CIP for 2003. Further, the streetlights on Bradfield Drive will cost approximately $12,000- $15,000 and would require easements from the homeowners for their installation. In addition, he recommended traffic calming measures for Bradfield and Nickels Drive and monitoring of speeding by the police department. Councilmember Atwell verified the developer would be responsible for the construction of the connection at Bradfield Drive and it will take approximately 60 days to construct. Councilmember Zoldos verified the streetlights will be similar to those in Country Club and the cost of a traffic signal at Country Club Drive would be $120,000. He also commented on the fact that the lights at Meade Drive and Country Club Drive would have to be moved with the widening of Rt. 15. Town Council Worksession Minutes for March 26. 2001 Pa2e 2 Mayor Webb suggested that since the light at Edwards Ferry Road and Catoctin Circle has been removed from the CIP, the funds for that light be transferred for use at Country Club Drive and Rt. 15. Council member McDonald was in agreement with transferring the funds to Country Club Drive. Vice-Mayor Umstattd suggested that preparations be made for the opening of Bradfield Drive, but it should remain closed until the traffic lights at Meade Drive and Woodlea are functioning. Mayor Webb asked the Town Manager to communicate with the developer with reference to accelerating the light at Meade Drive. It was the consensus of Council to accelerate the installation of a light at Country Club and Rt. 15. The Mayor asked that the contractor be contacted as to when they plan to complete the Bradfield Drive connection and their priority of the project. Tom Mason stated he would get a written timetable from Winchester Homes to ascertain when the job can be completed. It was decided to hold this item at worksession for two more weeks to allow staff time to compile a comprehensive plan for the project. Councilmember Jackson stated that he had made a commitment at the Planning Commission to not open Bradfield Drive until it is at 95% of completion. Dawn Barrett. Lawford Drive, addressed Council stating that the safety of the citizens on Meade Drive should be a priority. She suggested barricading Meade Drive until the traffic lights can be installed. Mayor Webb asked Mr. Mason to include the feasibility of this suggestion with his next report to Council on this issue. b. SE-2009 - St. Johns the Aoostle Parish - Public Hearino Randy Hodgson outlined this special exception request to amend a previously approved conditional use permit for St. John the Apostle Parish on Oakcrest Manor Drive. Mr. Hodgson added the Planning Commission has recommended conditional approval. There was a discussion with reference to Church Street extended and the determination that it has not been dedicated for public purposes. The Loudoun County Attorney's office has determined that the church may have the ability to use the Church Street right-of-way by a prescriptive easement. Bill Donnelly suggested this be confirmed by the attorney for St. John's. Town Council Worksession Minutes for March 26. 2001 Pa2e 3 Mr. Atwill, attorney representing St. John's, agreed with Mr. Donnelly on the prescriptive easement and asked for favorable consideration of this special exception. c. Fee Waiver reauest - Fife and Drum Muster Kaj Dentler outlined the staff recommendation for disapproval of a fee waiver request by Anne Quinn on behalf of the Loudoun Border Guard Fife & Drum Parade Muster. In addition staff recommended a $2.00 per person, per visit charge for use of the showers at the recreation center. Mayor Webb expressed concern with how long it has taken the Parks and Recreation Department to respond to the applicant's request for fees. Ms. Quinn addressed Council stating she received a letter from the Parks and Recreation Department on March 13th outlining the fees they would be charging for police and public works for the parade and the park and recreation staff. She questioned the number of staff recommended to close the streets and monitor the parade route. Mr. Noe added the closing of intersections with people skilled in traffic control is recommended for the protection of citizens and parade participants. Ms. Quinn stated at their previous event $400 in fees were waived. Councilmember Zoldos recommended the use of Uran funds to offset the fees and allowing use of the showers. Councilmember Atwell commented on conflicting information that has been presented adding that he would not be inclined to waive fees unless it was in the best interest of the health, safety and welfare of residents. Vice-Mayor Umstattd asked staff to prepare a resolution granting a waiver of the fees in the amount of $1,280. Mayor Webb commented on the number of participants and the tourism dollars that will be generated by this group. Councilmember McDonald asked if we have tourism monies that can be used to offset the fees? John Henry King stated there are tourism dollars available, but he would not want to set a precedent. Mr. Noe mentioned another alternative to place this organization on the town's contribution list for permanent funding. Ms. Quinn reminded Council that this group performs for several town functions, such as the Christmas Parade and the 4th of July, at no cost. Councilmember McDonald suggested that a resolution be presented to make a contribution in kind to this organization to offset the fees. Town Council Worksession Minutes for March 26. 2001 Pa2e 4 It was the consensus to provide a resolution using tourism money to offset the fees for consideration at tomorrow night's meeting. d. Adootino a soecial events oermit oolicy Kaj Dentler outlined the proposed special events permit policy which has been endorsed by the Parks and Recreation Advisory Commission and the Economic Development Commission. Mayor Webb expressed concern with N. King Street closures and the response time to citizen applications for special events. Mr. Dentler stated the policy recommends a gO-day response time. Council member McDonald suggested the use of volunteers for certain events. Councilmember Atwell stated the proposed policy is not clear on a lot of issues. He has concerns with the definition of activities not to be advertised for profit. Further, he commented he cannot vote on this policy until some issues are clarified. Mayor Webb left the meeting at 8: 15 p.m. e. Rt. 15/South Kino Street Trail Supervisors Kurtz and Herring were present representing the Board of Supervisors. Vice-Mayor Umstattd recommended that the Town Council enter into a joint project with the County of Loudoun to develop a pedestrian/bicycle trail on Rt. 15 South from Governors Drive to Davis Avenue, subject to a mutually acceptable memorandum of understanding between the two jurisdictions. Mayor Webb indicated preliminary estimates from Virginia Department of Transportation for the trail is $200,000. Further, three members of the Loudoun County Board of Supervisors suggested the County would be willing to pay 60% of the cost. Guardrail designs are still being explored by VDOT. There was discussion of possibly transferring Chancellor Street trail funds to the Rt. 15 trail. Also, it was clarified that Loudoun County will not construct a bike trail for a Dry Mill Road connection to the W&OD Trail. Vice-Mayor Umstattd reminded that the two are not connected. Terry Laycock, Assistant to the County Administrator, indicated that a design has not been decided upon for the bridge across Tuscarora Creek. Councilmember Jackson verified that the bridge width would be 5 feet with a barrier to separate traffic from the bikers. Council member Zoldos stated he can support the concept but has concerns with the safety of the bike riders along Rt. 15. Further, he recommended a design and engineering study to determine cost before a memorandum of understanding be entered into with the County. Town Council Worksession Minutes for March 26. 2001 Paee 5 '-.- Supervisor Kurtz verified that the County would fund up to $250,000 of the project. Councilmember Zoldos suggest a 60/40 split be considered for the design study as well. Councilmember Atwell verified that VDOT recommends the bridge across the Tuscarora Creek be 5 feet in width with no barrier. It was decided that the Town and County would work together to draft a memorandum of understanding. Terry Laycock verified the County would not allocate funds to exceed $250,000. Councilmember Zoldos reiterated the importance of a design and engineering study to further clarify what the costs may be. Supervisor Herring suggested a memorandum of understanding limiting the town's contribution as well as a limit on the County's contribution. This would allow either party to withdraw support if the costs exceed what they plan to contribute. Councilmember Atwell stated he could only support an engineering study at this time. f. Awardino a contract for North Area Develooment-Ph. II at Leesburo Executive Airoort to Tyree oroanization in the amount of $1,967,284.13. Cindi Martin, interim airport director, commented that the Town Attorney is reviewing the agreement. Councilmember Atwell asked if the bonds have been sold for this project? Bob Noe responded he believes so, but will verify that at tomorrow night's meeting. g. Adootino a oolicy for olacino oyerhead utilities underoround on certain streets in Leesburo Tom Mason outlined a resolution that has been prepared with conditions as outlined by Council at the October 16, 2000 meeting. Councilmember McDonald questioned whether Catoctin Circle should be included, as it is not a major thoroughfare in the Historic District or a major thoroughfare leading to the Historic District. Vice-Mayor Umstattd suggested the resolution be amended to delete Catoctin Circle. Town Council Worksession Minutes for March 26. 2001 Pa2e 6 h. Authorizino the Town Manaoer to execute a contract with K.W. Poore and Associates for the Urban Growth Area Annexation Study in the amount not to exceed $155,222. Phil Rodenberg commented that $175,000 has been budgeted for this study, however, negotiations have resulted in a contract amount not to exceed $155,222. He stated that Phase I should be available in 90 days, Phase II 60 days later, and a final draft by October 1, 2001. Councilmember Zoldos expressed concerns with the County eliminating a portion of our UGA, but asked if we can still annex our former UGA area. He commented on the Loudoun County Planning Commission meeting in which it recommended that the Town's UGA be reduced from Rt. 15 north to Rt. 621. He added that although there was no formal resolution from Council about selective reduction of the UGA, the County knew it was the consensus of the Town to keep our entire UGA. Vice-Mayor Umstattd suggested a formal resolution to the Board of Supervisors asking that they not support the Planning Commission's recommendation. Further, that no reduction be made until the Town has completed it's UGH study. Councilmember Zoldos added that a CPAM is required if there is a deletion. Councilmember Atwell suggested Council send a strong message by resolution stating the Town would like to have their study completed so they will know the advantages and disadvantages of any elimination of the UGA. He suggested the County is doing us a disservice to make a reduction without comments from Leesburg. He added the Leesburg representative to the Board of Supervisors is not acting in the interest if the citizens of Leesburg. Vice-Mayor Umstattd suggested a resolution to the County objecting to selective reduction of our UGA. Mr. Rodenberg advised the study contract can be amended to show the area to be studied is the UGA as of January 1, 2001. 2. Dominion Telecom Phil Rodenberg introduced Mike Lanier, Dominion Telecom's Director of Engineering and Construction. Mr. Lanier outlined a preliminary plan to provide wholesale point-to-point capacity to support other service providers. He added they have already installed lines on Catoctin Circle. Councilmember Zoldos asked how they could have installed cable without Town approval. Mr. Lanier stated it was installed under a Virginia Power right-of- way permit. It was verified that Dominion Telecom currently has no other franchise agreements in Virginia. Town Council Worksession Minutes for March 26. 2001 Paee 7 Councilmember Zoldos asked what would be the benefits of this franchise to the town? Mr. Lanier stated any benefits would be indirect, they will be providing connecting lines to other providers, such as Adelphia. Councilmember Zoldos recommended this proposal be reviewed by the IT and Economic Development Commission. 5. Presentation of citizens survey results of 20-year Comorehensive Plan for Parks, Recreation and Ooen Soaces Kaj Dentler introduced Diedre Niessn with WB&A Market Research who conducted a survey of Town citizens. She gave a brief presentation of the survey results. It was reported that 649 of the 4,000 surveys were returned and is the basis of these results. The survey results were positive but showed room for improvement. Bill Donnelly expressed concern with the survey not being a random sampling type stating the results are not statistically accurate. 6. Member comoosition of the BAR Vice-Mayor Umstattd reported the Planning Commission has recommended they continue to have a commission member on the BAR, but in a non-voting capacity. >"- She also reported the Board of Architectural Review has recommended discontinuing having a Planning Commission member on the BAR. It was decided to return this issue to a future Council meeting. 7. County Soace Committee Councilmember Atwell recommended that Council adopt a resolution to support Loudoun County's Facilities & Office Space Task Force Final Report. It was decided legislation would be presented at tomorrow night's Council meeting. 8. Richmond American Waterline Reimbursement Randy Shoemaker explained that Richmond American had upgraded a waterline in the Stowers Subdivision at the request of the Town. However, this work was completed without a signed contract. Richmond American is now submitting an invoice for reimbursement for the work done. Mr. Shoemaker stated the Town is in agreement with the final cost and recommends payment. He added this is an exception to how we normally would reimburse. Council member Atwell suggested some penalty be assessed for not following the rules. Councilmember McDonald agreed. 9. Loudoun County Redistrictino Process Town Council Worksession Minutes for March 26. 2001 Pa2e 8 Vice-Mayor Umstattd advised the Loudoun County Board of Supervisors will be holding a public hearing on March 31, 2001 to hear comments on the number of election districts the County should have. Councilmember Atwell recommended forwarding a resolution to the County urging them not to divide Leesburg into more than 2 districts. This item will return to the next Council meeting on April 10, 2001. 10. Main Street Seminar Vice-Mayor Umstattd advised that Mayor Webb would not be able to attend the National Town Meeting on Main Street Conference in Indianapolis. There was discussion with reference to sending a representative in Mayor Webb's place. 11. Preview Items for Aoril 10, 2001 a. Authorizing a public hearing on bond refinancing for Winsdor at Fieldstone Apartments Town Attorney, Bill Donnelly, advised that the owner of Fieldstone Apartments would like permission to hold a public hearing to allow them to refund tax-exempt bonds to allow for bond refinancing. This public hearing is a state code requirement. It was the consensus of Council to authorize a public hearing. 12. Other Business Bob Noe advised Council that the town's management staff will be in training April 4,5,and 6. The meeting adjourned at 10: 10 p.m. td tili