HomeMy Public PortalAbout2003_04_07Council Work Session
April 7, 2003
Natt Chwalowski provided Council a brief presentation on budget principles at 7:00
p.m.
Council Chambers, 25 West Narket Street, 7:30 p.m. IVlayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Nervin Jackson, Melinda Kramer, Harry
Nartinez, David Schmidt, Robert Zoldos and Nayor Umstattd.
Councilmembers Absent: None
Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Deputy Town IVlanager Phil Rodenberg, Director of Engineering and Public Works Tom
Nason, Chief of Police Joe Price, Director of Finance Paul York, Director of Economic
Development Betsy Fields, Director of Parks and Recreation Kaj Dentler, Capital
Projects Administrator Nagi Elsewaissi, Deputy Director of Utilities Aref Etemadi,
Chief of Current Planning Lee Phillips, Nanagement and Budget Office Nike Freda,
Zoning Administrator Brian Boucher, Tourism Coordinator Narantha Edwards,
Planner Nancy Kitchens, Assistant to the Town Manager Nicole Ard, Management
Intern Adam Brown, and Clerk of Council Judy Ahalt.
AGENDA [TENS
Councilmember Zoldos asked that the Kentucky Fried Chicken special exception
application be discussed at the end of this agenda.
Agenda for Council Meeting of April 8, 2003
a. SE-2002-10 - Leesburg Brewing Company Public Hearing
Nancy Kitchens gave an overview of this application by the Leesburg
Brewing Company to brew beer on site at the Leesburg Plaza Office Building.
She stated the only two issues that have arisen are odor and the dumpster
location.
Ns. Kitchens stated the Planning Commission has recommended
conditional approval.
Nayor Umstattd stated that a neighbor, Mike Rich, had some issues with
the outdoor seating at the restaurant.
Brian Boucher stated that IVlr. Rich also had concerns with the hours of
operation and the location of the dumpster.
The applicant's representative, Beck Dickerson, stated they have met with
the residents and their concerns were with outside dining and the dumpster.
Councilmember Nartinez asked how the traffic flow on Catoctin Circle
would be affected?
Hr. Dickerson stated it is in compliance with the ITE Nanual, further, a
restaurant with the same square footage without a brewing operation would
generate more traffic.
Town Council Worksession Minutes for April 7, 2003 Paqe 2
Councilmember Zoldos commented the restaurant would be a good
addition to the building.
Vice-Mayor Jackson suggested a 12 o'clock noon opening on Sunday for
the restaurant.
Mr. Dickerson stated it would be difficult to limit hours and be competitive.
Councilmember Kramer verified that lighting would not be an issue for the
neighbors.
Mayor Umstattd stated she would not want to put the restaurant in an
unfair competitive disadvantage by limiting hours.
b. Approving the Town/VDOT agreement for the E. Market Street
widening project and authorizing the Town Manager to execute
this agreement
Nagi Elsewaissi advised Council that Rustler Construction, Inc. has
submitted the Iow bid of $:1,652,902.20 for this project. Further, the
Commonwealth Transportation Board and VDOT has recommended approval
of the Rustler Construction bid.
There was no Council discussion.
c. Making a reduction and approving a substitute performance
guarantee and authorizing a time extension for completion of the
public improvements at Leesburg Gateway Condos
Tom Mason advised Council that the management company for Leesburg
Gateway Condos has removed their objections to the reduction of the
performance guarantee.
dm
Resolution of Support for Troops
Councilmember Schmidt asked for an edit to the last paragraph of this
resolution to insert the word, "support".
2. East Market Street Widening Project construction contract award
Nagi Elsewaissi gave a brief overview of the phasing of the East Market Street
widening project. He recommended awarding a contract to the Iow bidder, Rustler
Construction, ]:nc.
Councilmember Buttery suggested that improvements at Catoctin Circle and
East Market Street have a strong emphasis on pedestrian traffic.
Councilmember Kramer verified that VDOT would provide 100% funding.
3. Design and Construction Standards Manual (DCSM) Articles 2 (Water
and Sewer Regulations, 4 (Sewage and Waste Disposal) and Appendix
"A" (Construction Standards)
Aref Etemadi stated the proposed changes are necessary to bring the DCSM
into compliance with "current design and approval practices" in the Town of
Leesbu rg.
Town Council Worksession Minutes for April 7, 2003 Page 3
Mr. Etemadi stated these changes have been reviewed by the ES]: Leesburg
Technical ]:ssues Sub-committee and endorsed by the Planning Commission.
Councilmember Zoldos asked if the proposed Loudoun County Fire Training
Facility would meet the minimum regulations for fire flow?
Mr. Etemadi stated that the absolute minimum, where there are no other
options, is 750 gpm. The new jail can only get about 1,000 gpm and the fire and
rescue building should be able to get close to 1,500 gpm.
Councilmember Zoldos stated the requirement is 2700 gpm; if they fully
sprinkle the building it drops to 1,350 gpm.
Further, he stated he is pleased with the fire lane and slope requirement.
4. Sycamore trees on Valley View Avenue
Lee Phillips stated he had a conservation with Mr. Kidwell and there are two
remaining trees. When the other trees were taken out last year the citizens were
told the town would budget to remove the other trees. When the arborist was
asked for an evaluation of the trees, visually his assessment was that they appear
fine, but he hesitates to make a final decision without a further tree inspection.
Mr. Kidwell stated the limbs coming down are causing damage to his vehicle
and house. Further, there are legitimate concerns for safety.
Mayor Umstattd asked the cost of removing the trees?
Mr. Phillips stated approximately $1,000 per tree. Also, sycamore trees are
being removed from the list of approved street trees.
Councilmember $chmidt verified they are in the town right-of-way and
questioned whether there is a plan to replace with a smaller tree.
Mr. Phillips stated there is no tree replacement policy in the process.
was the consensus of Council to remove the trees.
Mr. James Kidwell stated that a 10 ft. limb recently knocked a gutter from his
house.
Mayor Umstattd asked that the trees be removed within the next few weeks.
Tom Mason stated there is no contractual services money available.
Mayor Umstattd asked staff to find the funds to remove these trees.
5. Gatehouse Networks cable and broadband service at Edwards Landing
Bill Donnelly recommended the Town take legal action to stop Gatehouse
Network from continuing to provide cable television service at Edwards Landing until
a franchise agreement and permits have been obtained.
Dick Beville, Chief of Operations for Gatehouse Networks, addressed Council.
Mr. Beville stated he would like to work with the Town and didn't realize they were
Town Council Worksession Minutes for April 7, 2003 Paqe 4
crossing the public right of way. He added they have discontinued the building of
additional lines.
Councilmember Martinez asked the size of the Gatehouse Network.
Mr, Beville stated Gatehouse is a division of Lamont Digital Systems that
serves 160 universities throughout the country. Also, Gatehouse serves planned
development communities. He stated they would be offering 80 channels in
Edwards Landing and use AT&T for their :[nternet connection.
Further, he stated in the interim they have installed a satellite system for
their customers at Edwards Landing.
Bob Noe stated Gatehouse has ignored the request of the town to provide
franchise terms.
Mayor Umstattd confirmed with the Town Attorney that litigation is
recommended unless Gatehouse is responsive to the town's request.
The Town Attorney added that federal and state law dictates a level playing
field for all cable companies.
Further, Mr. Donnelly added that Gatehouse has submitted a permit
application to cross the town right of way.
Mayor Umstattd asked how long we should allow for resolution of this issue
before litigation is initiated.
Mr. Donnelly recommended that we allow Gatehouse 30 days to make
significant progress in their negotiations. He added that the Cable Commission has
been kept apprised of the status of this franchise.
6. Wayfinding Sign System Update
Economic Development Director, Betsy Fields, addressed Council. She stated
the recommended changes to Frazier and Associates Wayfinding System have been
presented and approved by the Economic Development Commission,
The next step in the process is a review by the Board of Architectural Review
and final approval forwarded to Council at their April 22nd meeting.
Council thanked Betsy Fields, the Economic Development Commission, and
Frazier & Associates for the good job on this project.
7. Business Development Strategy Final Report
Betsy Fields advised Council that Arnett Muldrow would present their final
recommendation to Council on April 8th followed by a resolution of endorsement on
April 22nd.
Mayor Umstattd asked for a public input session for citizens.
Ms. Fields stated that could be arranged for April 22nd,
Council complimented the report and agreed to hold a public input session.
Town Council Worksession Minutes for April 7, 2003 Page 5
Mayor Umstattd stated she appreciates the efforts of Betsy Fields, Karen
Jones, and the Economic Development Commission adding the plan should be
incorporated into the Comprehensive Plan process.
9. S. King Street Trail
Mayor Umstattd advised Council that Supervisor Sally Kurtz stated this year is
the opportunity for gas tax funds from the County as future taxes may be used for
the metro. She recommended that Council endorse budgeting $75,000 as their
share toward the S. King Street Trail.
Councilmember Schmidt stated he does not support a S. King Street bike trail
but rather an alternative pedestrian trail.
Councilmember Zoldos stated he thought future gas tax revenues would come
to the town instead of the metro. Further, he is not willing to commit funding until
the final design and engineering is complete and an estimate of cost is provided.
Councilmember Zoldos added the County has not provided a letter
committing to their share of the funding.
Vice-Mayor Jackson stated Ms. Kurtz advised him that Leesburg only needs to
commit to $75,000.
Councilmember Buttery recommended further clarification of the proposal.
Councilmember Kramer stated her understanding from the county is that the
town only has to commit $75,000; they will pick up the remainder.
Jim Sissely, Loudoun County resident, addressed Council. Mr. Sissely stated
he runs along Rt. ::[5 and is affiliated with the Safe Trail Connections Group. He
stated he is happy to see Council consider construction of this trail, but the issue of
trails has been before Council in the past and that information shows there is a less
expensive and far safer trail connection than the one proposed.
Peggy Coleman addressed Council stating the Loudoun County and Pedestrian
Mobility Plan would make counties and towns eligible for funding.
10. Budget Questions
Councilmember Schmidt asked if the proposed cigarette tax would result in a
drop in sales?
Mike Freda stated they did factor in some loss, but after checking with other
jurisdictions like Alexandria, who have increased their tax, they did not see a
decrease.
Councilmember Schmidt asked if other jurisdictions are considering such an
increase?
Mr. Freda stated several have.
Councilmember Schmidt asked if bonds should be considered this year vs.
next year.
Town Council Worksession Minutes for April 7, 2003 Page 6
Paul York stated there is always some risk, but rates could increase in future
years. Short-term interim financing could get us through the next few years for a
minimal expense. He added the Town's financial advisor discussed the option of a
short-term note for two to three years that would be paid off once permanent
financing was secured.
Councilmember Schmidt asked the Town Manager to bring options for
program cuts at the next budget worksession.
Other Business
KFC
Councilmember Zoldos discussed an email sent to Council, from the Mayor,
with reference to the KFC Special Exception application.
He stated the email suggested Council consider the initiation of a zoning
ordinance amendment to allow Council the option to waive buffer requirements on a
special exception.
Councilmember Zoldos stated he is opposed to spot zoning for special interest
groups.
Further, Councilmember Zoldos communicated Planning Commissioner
Bridget Bangert's concerns with circumventing the process of moving a plan through
the Planning Commission. Further, she is apprehensive about a potential loss of the
checks and balances provided through the existing process.
Mayor Umstattd stated it is currently not under the purview of the Planning
Commission to deal with the buffer issue, Further, the proposed amendment would
increase public participation,
Councilmember Schmidt stated, on principal, he could support Council
intervention, which could possibly allow applicants recourse if they were denied,
Bill Donnelly said the authority to waive is with staff in the review of
development plans, however, there is no administrative appeal process.
Brian Boucher verified the zoning ordinance does not allow for an appeal
process in these situations.
Mr. Donnelly stated if it is a site plan buffer issue, with an interpretation by
the Zoning Administrator, it could be appealed to the Land Development Official.
Then an appeal to Board of Zoning Appeals and the Circuit Court is possible.
Mr. Donnelly stated it is not uncommon for a zoning ordinance to allow
modification or waivers by the governing body in connection with a special exception
application. The Planning Commission would still have an opportunity to make a
recommendation.
Councilmember Martinez stated he agrees with Ms. Bangert's concerns
regarding circumventing the process.
Town Council Worksession Minutes for April 7, 2003 Page 7
12.
Preview items for April 22, 2003 Worksession
a. ZOAM 03-01 and ZM 03-01 Flood Protection/Creek Valley Buffer -
Public Hearing
Brian Boucher advised this zoning amendment would require a remapping
of the Zoning Map.
There were no Council comments.
Bob Noe advised Council that the Korean visitors would be at the April 22nd
Council meeting.
The meeting adjourned at 9:35 p.m.
2003_tcwsmin0407.doc
yerl~ of Council