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HomeMy Public PortalAbout2002_11_12 Council Work Session November 12, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marty Martinez, Dave Schmidt, Robert Zoldos and Mayor Umstattd Councilmembers Absent: Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly, Deputy Town Manager Phil Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Director of Utilities Randy Shoemaker, Chief of Police Joe Price, Director of Economic Development Betsy Fields, Director of Human Resources Dona Wolf, Chief of Comprehensive Planning Randy Hodgson, Zoning Administrator Brian Boucher, Planner Nancy Kitchens, Management Intern Adam Brown and Assistant to Clerk of Council Debi Parry. AGENDA ITEMS 1. Agenda for Council Meeting of November 12, 2002 Mayor Umstattd stated that after item la, she would like to move item 2 up on the agenda to follow with the staff presentation and comments from Michael Banzhaf. a. Selectina an architect for contract neaotiations for the Loudoun Street addition to Town Hall Phil Rodenberg stated Council would be hearing from two architectural firms for the Town Hall expansion, as well as the Arcom proposal. Mr. Rodenberg first introduced Hanno Weber of Hanno Weber Associates of Chicago, joined by Thomas Voltaggio, Environmental Systems Design of Chicago and John Callow of Patton, Harris and Rust. Hanno Weber thanked Council for the invitation to return and stated his team possesses a great deal of integral knowledge because they were the original architects for the current town hall building and garage. John Callow stated that after reviewing the site and the proposed expansion he recommends maintaining the current configuration for the Loudoun Street access to the garage. Mr. Weber stated the Loudoun Street and Market Street entrances to the garage are bearing walls, supporting the garage. Therefore, he does not recommend cutting holes in them to move the entrances. Tom Voltaggio stated future building expansion was a consideration during the master planning and the design concept for the original building. He added the institutional knowledge of this team would be beneficial in the future expansion. Town Council Worksession minutes for November 12, 2002 Paqe 2 Mr. Weber stated his ideas for the expansion include flexible space, ten meeting rooms, and an area for "one stop shop" for town services or retail for lease. He then outlined his proposal for the expansion, which included elevations of a two-story and three-story building, stating they would offer 28,000 to 30,000 square feet of space. He further outlined his ideas for maximizing space in the third floor of the current town hall building. Council member Schmidt asked if the full 28,000 square feet of space was useable space? Mr. Weber stated the square feet of useable space would be in about the mid-twenties. Councilmember Schmidt confirmed that public restrooms could be incorporated into the expansion. Councilmember Martinez asked if there would be connecting walkways to the parking garage on all three levels? Mr. Weber stated foot traffic would need to be directed thru the arcade. Councilmember Zoldos noted the elevation for the three-story building indicated a flat roof and asked if a 3112-story building with a raised roof would be possible? Mr. Weber stated that would not be possible. Further, he stated if a three-story building was constructed, the town could add an extra level on to the parking garage, which would accommodate approximately 120 cars at a cost of approximately 15,000 to 18,000. Councilmember Zoldos verified a cost per square foot of $180 to $210 for a three-story building expansion. Council member Buttery verified the parking garage expansion could include two levels. Councilmember Kramer verified a three-level expansion could hide an additional level of parking. Further she stated the town hosts many events and would appreciate additional toilets in the public restroom area. Mayor Umstattd asked that the Economic Development Commission review the sketches and provide Council with their comments. The next architect was delayed so Council opted to proceed with item 1b, and to continue with 1a upon their arrival. b. SE-2002-03 - First Citizens Bank - Public Hearina Randy Hodgson stated the proposed location for the bank is at the intersection of Catoctin Circle and Market Street. Further, he stated this special exception would allow for four drive-thru lanes, one of which would be a 24-hour ATM. Town Council Worksession minutes for November 12. 2002 Paqe 3 He outlined the surrounding buildings and indicated there is a small residential area on Edwards Ferry Road, which will be screened by trees and 100-200 feet of open space. Mr. Hodgson further stated the Planning Commission and staff recommend conditional approval. Mayor Umstattd asked about the feasibility of a traffic light at Catoctin Circle and the entrance to the Giant Shopping Center. She stated this bank would add more traffic to an area that is already dangerous. She asked Bob Noe to relay her concerns to the Director for Engineering and Public Works. a. Selectina an architect for contract neaotiations for the Loudoun Street addition to Town Hall (Con't) Phil Rodenberg introduced Tim Lovett and Bill Gridley of Bowie Gridley of Washington, DC. Mr. Gridley provided a brief history of the firm stating their specialty is working in historic areas. He outlined the members of their team stating most of them worked on the Thomas Balch Library restoration. Mr. Gridley outlined his proposal stating that the continuous connection between the buildings was of the utmost importance. He further stated splitting the footprints was of concern and recommended moving the Loudoun Street entrance to the garage and reducing the traffic lanes from three to two in order to allow for more space and a continuous flow. He further stated they would work closely with the Loudoun Museum on their expansion. Councilmember Schmidt asked if public restrooms could be added to the building and what the approximate square footage of usable space would be? Mr. Lovett stated the public restrooms would have to be in a controlled portion of the building in order to maximize security. This would be better accomplished with a consolidated footprint as opposed to a split footprint. He further stated the square footage of the building could vary by as much as two thousand square feet depending on the footprints. Councilmember Martinez asked if the entrance were moved to the corner, would there be a staircase on the corner? Mr. Gridley stated currently there are no stairs, but one could be added if the number of garage lanes was reduced from three to two. Councilmember Zoldos verified a two-story building with dormers would be approximately 10,000 square feet per floor. He further stated his support for moving the Loudoun Street garage entrance and asked if they had any provision for additional parking? Mr. Gridley stated with the current structure of the complex, the only option would be to build up. Town Council Worksession minutes for November 12. 2002 Paqe 4 Councilmember Zoldos asked if increasing the expansion building to three floors would allow for an additional floor to be added to the parking garage? Mr. Gridley stated a study would have to be done to see if the garage would support another level. Councilmember Zoldos asked for the cost per square foot? Mr. Gridley stated the cost would run between $150 and $170 per square foot. Councilmember Kramer added the first architectural firm stated an additional level could be added to the garage. She also stated she would like to have seen an elevation for the Bowie Gridley proposal. Further, Councilmember Kramer stated she believes building over the existing entrance to the garage and constructing it to look like a storefront would be better. Mr. Gridley stated the other firm might possess some knowledge about the garage structure and whether it would support another level. He stated it could be appropriate to put in a storefront and build over the existing garage entrance as they have done it the past. Mayor Umstattd stated her concern with too many institutional structures destroying the architecture of the area. Councilmember Buttery confirmed that Bowie Gridley had constructed parking structures in the past. 2. Staff response to the Loudoun Times Mirror Office/parking garage proposal Phil Rodenberg outlined the Arcom offer stating it includes the lease of 7,000 to 10,000 square feet of office space for 10 years at $250,000 the first year and increase of 3% each year for a total of $2.9 million. This proposal also includes a ground lease on which Arcom asks the town to build a five-level, 303 parking space garage, at an estimated cost of $4.5 million. Further, Arcom asks that 120 spaces be set-aside for their employees. Mr. Rodenberg then outlined three different scenarios for the town as follows: (a) lease now and build at the end of that lease, which would cost approximately $8.4 million, (b) lease this space for 10 years then lease another space, which would cost approximately 22 million, or (c) build now and pay the Utilities Fund back, which would cost approximately $5.2 million. Therefore, staff is recommending the Council build the expansion now. Mr. Rodenberg then addressed the cost of the parking garage. He recommended hiring a parking consultant to investigate all options before committing to the Arcom proposal. He also addressed the issue of what to charge for parking and how the town would recoup the cost of construction. Councilmember Martinez asked if there has been a study done regarding the current charges for parking in the municipal garage? Town Council Worksession minutes for November 12. 2002 Paqe 5 Mike Freda stated Council looked at eliminating the two hours of free parking and increasing the per hour charge to $0.75 per hour. He further stated the parking garage currently covers the operational costs, but does nothing to payoff the debt. Councilmember Zoldos asked if the Utilities Fund could be used to fund the parking garage? Mike Freda stated he would be hesitant to use the Utilities Fund because the Utilities Department would not be directly benefiting from the garage. Councilmember Zoldos stated public funds could be used to finance private structures. Bob Noe stated Council could use the Utilities Fund. He further stated parking is a crucial issue and the Town should seek the advice of a consultant. Councilmember Buttery stated his support of a parking study and asked if the downtown merchants were aware the County garage is open for usage on weekends? Karen Jones stated the merchants are aware of that and have been directing patrons there. Councilmember Kramer stated the parking fees for the current garage should be updated and expressed her support for a parking consultant. Mike Banzhaf, representative for Arcom, stated the company has been purchasing land behind their building for years. He outlined a drawing of the proposed expansion and garage. He further stated the garage would allow more parking for shoppers and stated the chosen architects also constructed the Loudoun County Government Center garage. Council member Zoldos stated there should be further discussion between Arcom and the town staff. Mayor Umstattd recommended delaying a vote on this item to allow for further discussion. Councilmember Buttery suggested a time schedule be put in place for Council to make a decision. Councilmember Kramer concurred with Councilmember Buttery and stated she would be willing to go ahead with a vote for an architect tomorrow night. Councilmember Buttery recommended having the public get involved with the parking issue. Council member Zoldos stated if the town builds the garage with Arcom there will be no need to expand the current garage and more money could be spent on the town hall expansion. Mayor Umstattd stated the Arcom option seems to be the least expensive. She further stated Arcom is expanding to bring all of their employees on campus and Town Council Worksession minutes for November 12. 2002 Paqe 6 that the parking spaces would only need to be reserved for Arcom Monday thru Friday. Council member Zoldos stated the town also gets the benefit of the property on which the garage is built. Mayor Umstattd suggested inviting Mr. Banzhaf back for the first meeting in December. Councilmembers Schmidt and Martinez stated they would be willing to vote on an architect tomorrow night. Councilmember Zoldos asked staff to look at the proposal using the Utilities Fund and a meeting with Arcom. Councilmember Kramer stated it is ironic that Arcom is expanding to bring all of their employees together and proposing to split Town employees. c. SE-2002-02 - God's Children Child Care - Public Hearina Nancy Kitchens outlined this special exception application for childcare at 101 Davis Avenue, SW. She stated the site is zoned B-2 with a H-1 overlay. She stated the access to the site was moved from Davis Avenue to Valley View Avenue and that a sign would be installed directing people to make a left turn only when leaving the site. Ms. Kitchens stated many issues were resolved after the Planning Commission public hearing and the staff and the Planning Commission are recommending approval with conditions. Councilmember Schmidt stated he has heard strong opposition to this proposal and even the suggestion that the structure had burned twice. He asked if sprinklers would be installed in the building? Nancy Kitchens stated because of the ages of the children, sprinklers are not required. Councilmember Martinez asked how the left turn only would be enforced? Ms. Kitchens stated because the sign is on private property and could not be enforced by the town; therefore it would be the job of the applicant to do so. Councilmember Zoldos verified the property meets the buffer requirements. Councilmember Buttery verified Valley View Avenue would serve as the only entrance/exit for the property and the child care center will accommodate 49 children between the ages of two and one-half and five, as well as five staff members and only have 10 parking spaces. He further stated his concerns with traffic generated during the peak hours. Town Council Worksession minutes for November 12. 2002 Paqe 7 Nancy Kitchens stated the applicant is exceeding the current parking requirements. Mayor Umstattd asked how this site compares with other childcare facilities? Councilmember Jackson expressed his concerns with parents speeding to pick up their children in order to avoid late fees. Councilmember Zoldos asked about the material of the fencing and how the town would enforce the limitation of only 10 children on the playground at a time. Brian Boucher stated the only means of enforcement is thru citizen complaints. He stated if there is a complaint, the staff will investigate and could revoke the special exception. Steve Robin, attorney for the applicant, stated childcare facilities are heavily regulated by the state. d. ZOAM-02-02 - Home Occuoation - WISP Exterior Antenna - Public Hearina Brian Boucher outlined the proposed change to the home occupation regulations to allow WISP providers to install an outside antenna, which would not exceed five feet in height and two inches in width. e. Amendina Chaoter 12.1, Article 24 of the Personnel Manual reaardina aifts, aratuities and exoenses Bob Noe outlined the proposed changes which would (1) allow the town manager to delegate approval of travel under $100.00 to the department director, (2) allow the town to purchase alcohol at certain events, and (3) direct all people traveling at the town's expense to abide by the town's rules and regulations. Mayor Umstattd asked that the term "event" be further defined as it pertains to the purchase of alcohol. Bob Noe stated the purchase would mostly be associated with dinners. Councilmember Jackson stated his concern with using town funds to purchase alcohol. Councilmember Buttery concurred with Councilmember Jackson. He suggested that travel approval limit be reduced to $25.00. Bob Noe noted the change would allow, not require, the town manager to delegate the approval of travel. Mayor Umstattd asked if the county purchased the wine served at the Excellence in Education ceremony? Bob Noe stated the wine for that ceremony was donated. He further stated that certain dinner occasions would be appropriate. Town Council Worksession minutes for November 12, 2002 Paqe 8 f. Consideration of the annexation oetition Mayor Umstattd stated there are two proposed resolutions for consideration. The first was suggested by Councilmember Zoldos, the seconded by Councilmember Martinez and herself. She further stated the second resolution should be divided into two parts, the first to withdraw the annexation petition and the second to disband and thank the annexation negotiating committee. Councilmember Martinez asked Mr. Donnelly to comment on the county placing the annexation petition on the Council on Local Government's agenda and the cost to the town. Bill Donnelly stated the Loudoun County Board of Supervisors has informed the Town that it will ask the Council on Local Government to schedule the landowner's and town's annexation petitions unless the town withdraws its petition and rejects the landowner's petition. Mr. Donnelly further stated, under both resolutions the town would withdraw its petition and the landowners would be free to continue with their petitions. The only difference is one would disband the negotiating committee and the other would allow the committee to continue to negotiate with the county. Also, both draft resolutions state that the town will only withdraw if it can refile at anytime. Councilmember Martinez verified that it will cost the town approximately $425,000.00 if the annexation petition is allowed to continue. Mr. Donnelly stated this amount would pay the costs thru the Council on Local Government's hearing and the three-judge panel, but would not cover any sort of appeal, should there be one. Councilmember Martinez stated the only support for annexation is from the Council, staff and the Economic Development Commission. He stated he supports rejecting the landowner's petition. Mayor Umstattd concurred with Councilmember Martinez and asked that the rejected annexation resolutions from the July 1st meeting be brought back in order to provide the best range of options. Councilmember Zoldos stated it is not Council's policy to bring back old resolutions. He further stated he does not want to withdraw the petition, but will agree to withdraw it and maintain the negotiating committee. He further stated he would like to hear the comments of the Economic Development Commission. Councilmember Jackson verified if we withdraw support from the landowner's petition, they would be free to continue at their own expense. Bill Donnelly stated it was the request of the county to reject the landowner's petition. He further stated the county might not agree that the town can refile anytime, but the town can do it with or without the county's support. Town Council Worksession minutes for November 12, 2002 Paqe 9 Council member Martinez stated his displeasure at having to reject the landowner's petition. He further stated he wants the town to have the right to refile at anytime. Councilmember Jackson stated he doesn't understand why Council would want to disband the annexation negotiating committee. Councilmember Buttery verified that either rejecting or withdrawing support from the landowner's petitions would not leave the town open for any legal action against it. Bill Donnelly stated the town has broad discretion to reject the petition and he doubts it would leave the town open for any sort of lawsuit. He further stated the Town's filing with the COLG expressed support for the landowner's petition. Mr. Donnelly further stated there is still the issue of the 92-acre tract and the Shellhorn property. The Council is on record, as saying no utilities will be extended without the property being brought into the town. Also, he reminded Council of the power plant litigation and the stipulation that the Hunter-Dowdy and Seimens' tracts are brought into the town. Councilmember Kramer stated she was sorry this discussion was never brought to a public forum. Mr. Donnelly stated if the town rejects the landowner's petition it will lose leverage with the county because there will be no threat of court imposed annexation. Councilmember Martinez stated the only reason for disbanding the committee is that no progress has been made. If the town keeps the committee it should be reevaluated in a public forum. 3. Draft Zoning Ordinance - Overview and review of Articles 9-18 Brian Boucher outlined the proposed changes to the Zoning Ordinance which includes a section on telecommunications, outbuildings, set backs for decks and patios, property fences, increasing the set backs on residential property next to a business, changing the parking regulations for businesses, landscaping, sign regulations and the heights for places of worship in residential areas. Mayor Umstattd asked if downtown businesses who do not wish to provide parking are asked to pay $3,000 per required parking space into the general fund or a discrete fund. Brian Boucher stated he is not sure and would need to defer the question to Calvin Grow. Mayor Umstattd asked staff to look into setting up a discrete fund for this purpose. 4. Annexation/BLA Update (Councilmember Zoldos) There was no discussion on this item. Town Council Worksession minutes for November 12. 2002 Paqe 10 5. Water Pollution Control Facility expansion design services agreement Randy Shoemaker stated the facility would exceed capacity in 2006. He recommended beginning construction now in order to meet that deadline. There was no discussion on this item. 6. 1st Quarter Financial Report Mike Freda stated he is scheduled to bring the audit report forward in two weeks and asked if Council would like to consolidate those reports due to the late hour. It was the consensus of Council to receive the 1st Quarter Financial Report in two weeks. 7. Preview items for November 25, 2002 Town Council Work Session a. September 11th Memorial at Freedom Park There was no discussion on this item. b. Take home vehicle policy There was no discussion on this item. The meeting adjourned at 11:17 p.m. kA t1/ alad C erk of Cou ncil 2002_tcwsminll12.doc