HomeMy Public PortalAbout2003_06_09Council Work Session
~lune 9, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin ]ackson, Melinda Kramer, Marry
Martinez, David Schmidt, Robert Zoldos and Mayor Umstattd.
Councilmembers Absent: None
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
Economic Development Betsy Fields, Director of Finance Paul York, Director of
Human Resources Dona Wolf, Chief of Police 3oe Price, Zoning Administrator Brian
Boucher, Capital Projects Manager Nagi Elsewaissi, Traffic Engineer Calvin Grow,
Planner Nancy Kitchens, Engineer Mike Lowe, Tourism Coordinator Marantha
Edwards, Assistant to the Town Manager Nicole Ard, and Clerk of Council .ludy Ahalt.
AGENDA [TENS
Agenda for Council Meeting of June 10, 2003
a. Denying applications of Town Plan Amendment TP-02-01;
Rezoning ZM-159; and Special Exception SE-2002-13 - Oaklawn at
Stratford
Planning Director Susan Swift stated this application has greatly
improved; however, staff is still recommending denial due to unresolved
substantial issues in land use, transportation and fire proffers.
She stated the existing proffers do not permit any residential in the
PEC/PRC area and the proposed 326 townhouses and apartments are not a
permitted carryover from the rest of the Stratford development. Further,
residential uses will be adjacent to light industrial.
Ms. Swift expressed concern with the proposed units being within 600-
1,000 ft. of the runway protection zone and within airspace identified by the
FAA where much "touch and go" landing activity occurs.
Also of concern was the loss of acreage zoned business and employment
uses to residential uses. A comparison of land uses was provided for the
existing and proposed zoning.
Ms. Swift stated that the 1997 Town Plan supports business uses in the
area surrounding the airport. Further, the Arnett/Muldrow Business
Development Strategy states the Town should continue to protect and
support the Leesburg Executive Airport as a key business strategy.
She outlined remaining transportation issues, such as conflict between
planned and proposed ramps, the ultimate interchange configuration, effect
on the comprehensive agreement between VDOT, the Greenway and the
town, and the traffic impacts on Evergreen Mill Road. Other issues of concern
are the loss of a fire and rescue site and the $2.:~ million cap for
transportation improvements.
Town Council Work Session IVlinutes for June 9, 2003 Page 2
Councilmember Martinez clarified that the 65 Idn is not based on the type
of aircraft but on the level of the noise.
Councilmember Buttery confirmed with staff there is no additional
information from VDOT and the Greenway with respect to the interchange
area and the northbound access ramp.
He asked if staff is still concerned with potential backup and the turning
movements off Tolbert Road onto the Greenway?
Calvin Grow stated the temporary ramp to Tolbert Lane is still a concern
and he expects there will be some backup on the bridge.
Councilmember Buttery asked if there is any new information with respect
to the interchange of the northbound or westbound lane onto the Toll Road
from Tolbert Lane or through the applicant's property?
Calvin Grow stated staff is still recommending the ultimate interchange
approved by VDOT; which shows the ramps off Battlefield Parkway and
connecting to the Toll Road traffic exiting into the Oaklawn site.
Councilmember Buttery expressed concern with the fire and rescue site
proffer.
Mayor Umstattd stated staff says the proposed ramps are not in
compliance with the Town Plan of 1997 and the applicant doesn't have any
specific design for the interchange. She questioned whether the
comprehensive agreement would be the governing document over what the
interchange should look like?
Calvin Grow agreed.
The Mayor then stated the comprehensive agreement would have to be
amended with the concurrence of both the Greenway and VDOT to allow the
applicant's proposed ramps to be built in lieu of what the existing
comprehensive agreement has planned for that interchange.
The Greenway has stated they are agreeable to go forward as the
applicant has proposed, but VDOT has not responded.
Mr. Grow stated the plan for Battlefield Parkway is a six-lane divided
roadway.
The Mayor asked if the applicant's agreement to build the two northern
lanes of Battlefield is dependent upon VDOT agreeing to amend the
comprehensive agreement? Further, will the applicant still be obligated
under these proffers to build those two lanes prior to any Phase !
construction?
Brian Boucher stated they will be obligated to build between Sycolin Road
and Tolbert Lane and it is arguable as to whether the ramps are part of the
interchange design.
Town Council Work Session Minutes for June 9, 2003 Page 3
Mayor Umstattd stated Chairman York of the Board of Supervisors is
interested in discussing the feasibility of a bond issue for the Sycolin Road
flyover at the Route 7/15 Bypass.
Brian Boucher clarified the $2.1 million cap in the existing proffers is
voluntary, but there are other proffers that have a phasing plan based on
square footage.
The Mayor stated additional lanes of Battlefield would be built in Phase 3.
Bill Donnelly stated the new proffers guarantee at least two lanes of
Battlefield to the Greenway and asked if we are guaranteed any lanes of
Battlefield Parkway under the existing proffers.
Brian Boucher said that is measured by lanes and linear feet of Battlefield.
He explained that to get 200,000 square feet of commercial under the
existing proffers they have to build 1,000 feet of Battlefield Parkway to the
intersection of Sycolin Road.
Mr. Donnelly asked how much they have to build before they build
Battlefield all the way to the Greenway?
Mr. Boucher stated it would be 1,050,000 square feet (two lanes or four
lanes). He said the 1,000,000 square feet would be installed sooner under
the proposed proffers.
Randy Minchew provided Council a copy of a letter provided to Dulles
Greenway with reference to the dedication of right-of-way for Battlefield
Parkway. He stated that in the event this application is not approved, the
town would be responsible for the cost of obtaining off site right- of-way for
the Battlefield Parkway interchange.
Mr. Minchew provided highlights of the Oaklawn application as follows: (1)
1,583,000 total commercial square feet, (2) recapturing 326 residential units
from a previous phase, (3) funding 100% of transportation improvements at
an estimated cost of $9.6 million, (4) completing Battlefield Parkway and
Greenway ramps before any buildings are occupied; (5) cooperating in
making the airport safer by preserving land for the Runway Safety Zone and
the TLS system; and (6) adhering to the H-2 Corridor Guidelines.
:In conclusion, Mr. Minchew stated the Oaklawn application contains
proposals adding to the regional road network, the safety of the airport and
will have a positive effect on economic development.
Councilmember Schmidt asked if hospital is a permitted use on the site?
Brian Boucher stated out patient services are allowed.
Councilmember Zoldos and Vice-Mayor Jackson thanked Mr. Minchew for
his presentation.
Councilmember Buttery asked what part of Battlefield Parkway is
referenced in the Dulles Greenway letter?
Town Council Work Session Minutes for .lune 9, 2003 Page 4
Mr. Minchew stated the letter is referring to the ramps on the
eastside of Battlefield. Further, the letter states if the town moves the
alignment for Battlefield Parkway the town will be obligated for the cost of
doing so.
Calvin Grow stated Battlefield Parkway has always been planned to be
outside of the Runway Protection Zone.
Further, the right-of-way has always been there for the ultimate
interchange; however, the town has yet to acquire a piece between Rt. 621
and the Greenway.
The Mayor verified the obligation by the Greenway would be when they
determine it is financially feasible.
Bill Donnelly asked if the FAA originally reviewed and approved of the
Battlefield Parkway proffered alignment since the applicant is saying that
under the design in the three party agreement, the Battlefield Parkway
alignment is in the Runway Protection Zone.
Calvin Grow said when the original Battlefield Parkway interchange was
planned we reserved the right-of-way and it was outside the Runway
Protection Zone.
Bill Donnelly asked if there is confirmation from the FAA verifying the
currently proffered interchange and the Battlefield connection are in the
Runway Protection Zone?
Mr. Minchew stated in the 1990's, when this plan was originally
approved, we did not have a precision TLS and the current Runway Protection
Zone is premised on a full precision ILS.
Mr. Donnelly verified under the current proffers the town dedicated
right-of-way to the ultimate interchange and building of two lanes of
Battlefield Parkway before the interchange is built. He asked the level of
service at Tolbert Lane?
Mr. Minchew stated Tolbert Lane's level of service is "C".
Councilmember Buttery asked VDOT's response in reference to the
access off Tolbert Road going eastbound onto the Greenway.
Mr. Minchew stated access is between the Town and the applicant; they
don't have jurisdiction over this roadway.
Mr. Grow stated VDOT believes the tri-party agreement is important and
should be amended accordingly if the ramp location is changed.
Councilmember Buttery asked if VDOT would have any input with regard
to the ramp from Tolbert Lane?
Mr. Grow stated they would have jurisdiction when it comes to the ramp
being built.
Town Council Work Session Minutes for .lune 9, 2003 Page
Mr. Minchew said the agreement between the town, VDOT and the
Greenway was achieved after the Stratford rezoning of 1990. He said the
existing proffered plan is in nonconformance with the rtl-party agreement.
Mayor Umstattd asked if the side agreement between the Greenway and
the private landowners is referenced in the comprehensive agreement?
Calvin Grow said it is not as the property is outside the town.
Further, Mayor Umstattd asked about the ability to connect Battlefield if
VDOT refuses to amend the comprehensive agreement on the proposed
ramps system?
Calvin Grow stated they would still connect; the only dispute we have
with the applicant is the configuration of the ramps.
b. Approving a street width of 36 feet for both Wilson and Pershing
Avenues, :30 feet street width on Pershing Avenue from Market
Street to 280 feet north and sidewalks on the west side only of
both avenues.
Mr. Noe advised that staff has met with the residents to discuss other
alternatives. He stated in his opinion the best solution is for a 34-foot street
width.
He stated he advised residents that he would support a significant
majority for anything from a 32- to 36-foot street width. Therefore, he is
recommending a 36-foot street width for both Wilson and Pershing except for
a 30 feet street width on Pershing Avenue from Market Street to 280 feet
north and sidewalks on the west side only of both avenues.
Councilmember Schmidt stated he is persuaded by the majority on
Pershing and does take into account the configuration of the street. On
Wilson, there is a strong plurality for the 36-feet street width. He suggested
going forward with Wilson and minimizing the re-engineering of the South
end of Wilson.
He asked the effect in terms of time and dollars?
Nagi Elsewaissi stated we would like to bid both projects at the same
time to capture cost savings. He also stated that it would take approximately
six months to reconfigure the 400 ft. section on Wilson.
Councilmember Zoldos stated the Wilson Avenue residents initiated the
30-feet street width coming off Market. Further, he agrees with IVlr. Noe on
the 34-feet street width and sidewalk on one side of both streets and 30-foot
street width on the north end with parking on one side.
Vice-Mayor .lackson stated he favors whatever will accommodate the
residents.
Mr. Noe verified the 30-foot width would only allow parking on one side.
Town Council Work Session Minutes for 3une 9, 2003 Page 6
Councilmember Kramer expressed concern with taking some of the
driveways when widening the road.
Councilmember Buttery verified there is a difference in the opinion of the
residents who live north of the alley. The majority of those on the north end
want 36-feet and those on the south end want 30-feet.
Nagi Elsewaissi displayed a map that showed the survey results on
Pershing Avenue.
Councilmember Kramer verified the original recommendation for
Pershing was 36-foot road width with parking on both sides.
Mr. Elsewaissi commented the impact could be lessened with a sidewalk
on only one side.
Further, with reference to Wilson Avenue the difference between 30- and
36-foot street widths would have insignificant impact on the trees according
to the Town Arborist.
~[t was verified that the residents on Pershing were split equally with
reference to the street width.
Karen Quesenberry, 23 Pershing Avenue, addressed Council stating the
majority of the residents do not want a 36-foot width as it will eliminate a lot
of the parking and street trees.
Robert Spinks, 102 Pershing Avenue, addressed Council stating the 2001
Survey resulted in 60% of the residents in favor of 36-foot street width with
parking on both sides. The next survey showed 64% in favor of sidewalk on
one side. l~n May 2003 a petition showed that 54.5% of Pershing Residents
are in favor of 36-foot street width.
Kevin Wright, 109 Pershing Avenue, addressed Council stating all of the
compromises address parking on both sides. With reference to Pershing, the
church has to be considered, as they have no parking on site.
He stated currently there are not folks parking on Wilson Avenue on the
south end.
Mr. Wright asked that this project proceed and discouraged any delay.
Peggy Saunders addressed Council asked if Mr. Noe was recommending
sidewalks on both sides.
Mr. Noe said he supported the residents and they wanted sidewalks on
both sides.
She stated when visiting residents on Pershing Avenue; they stated their
support for sidewalks on both sides.
.loby Reynolds, 504 W. Market Street, addressed Council stating he
penned the Wilson Avenue petition, which reflects :~00% of the residents on
Town Council Work Session Minutes for .lune 9, 2003 Page 7
street. He stated the 30-foot street width with parking on the west side
would have little impact on trees and parking.
Robert Farris., 202 Pershing Avenue, addressed Council in support of the
36-foot street width to allow for parking on the street and room for the larger
vehicles to maneuver the street.
Ken Bentley, 12 Wilson Avenue, addressed Council in support of the
narrower streets. Further, he stated upon approval he would sign his
easement the next day.
Frank Ruggles, 10 Wilson Avenue, addressed Council stating he is only
proposing the 30-foot road width for the bottleneck area of Wilson. Mr.
Ruggles also reported the community has become very divided on this issue
and he has even been threatened by other residents.
Kathy Kennan, 21 Pershing Avenue, addressed Council stating her
concern with the root system of the trees.
Councilmember Zoldos stated Wilson Avenue has reached a solution of a
road width of 30-foot approximately for 400 feet into the street and then a
width of 36 feet for the remainder of the street with a sidewalk on the west
side and parking on the east side.
Councilmember Schmidt suggested an alternate resolution be prepared
to authorize sidewalks on both sides of Pershing Avenue.
Councilmember Zoldos suggested that separate resolutions be done for
each street.
2. Loudoun Street addition
Phil Rodenberg introduced Bill Gridley and Tim Lovett from Bowie/Gridley
Architects who were present to update Council on the public meeting that was held
and on the various site options for the addition.
Bill Gridley outlined the process, which began with making a map of the
current building and how the departments work. This information was developed
into a needs analysis to determine the future space needs of the departments. He
stated the various scenarios for which departments should move to the new space
are still being worked out. Mr. Gridley then outlined the various scenarios for the
building.
A. A two-and-a-half story building in front of the existing parking garage
entrance on Loudoun Street consisting of 16,100 square feet of space. This
scenario would also allow for the expansion of the Loudoun Museum from the
existing building to the area behind the log cabin consisting of 10,180 square
feet of space.
B. A two-and-a-half story building in front of the existing parking garage
entrance on Loudoun Street extending to an area behind the log cabin, which
would be two stories with an optional basement. This option would allow
20,485 square feet of space. The scenario would also allow for a two-story
expansion of the Loudoun Museum consisting of 7,375 square feet of space.
Town Council Work Session Minutes for .lune 9, 2003 Page 8
BI. A two-and-a-half story building in front of the existing parking garage
entrance on Loudoun Street and extending to a two-story building behind the
log cabin while leaving open space all the way around it. This option would
allow 20,940 square feet of space. This scenario would also allow for a two
story plus a basement expansion of the Loudoun Museum, which would
provide 7,375 square feet of space.
B2. A two-and-a-half story building, which would extend all the way to the
museum and allow 20,775 square feet. This scenario would not allow for any
museum expansion, but would allow shared access to the public restrooms
and handicapped entrance, in addition, this scheme would leave more open
space around the log cabin and allow for the preservation of the surrounding
garden.
Mr. Gridley also pointed out this scenario would leave a section of
about 6,500 square feet which could be developed into retail or left for future
expansion.
Mr. Gridley also addressed the impact of construction on the site, which would
cause the loss of some parallel parking and some parking in the garage as well as
the temporary closure of the Loudoun Street entrance to the garage. Further, he
stated the contractors would park off site in order to preserve as much parking space
as possible.
Councilmember Schmidt stated he prefers the B2 scheme. He asked if there
would be a window on the first floor, which would look to the log cabin on one side
and through the rose garden on the other.
Mr. Gridley stated an entrance to connect this would be more likely. He
stated an entrance would create a reason to walk through the rose garden.
Councilmember Schmidt stated that would also be the perfect place for some
economic development or community meeting room.
Councilmember Martinez stated he is pleased with the changes since the last
meeting and stated he prefers the B2 scenario.
Councilmember Zoldos suggested the additional 6,500 square feet left over
from scheme B2 should be built at the same time as the rest of the building. He
further stated Council should not vote on which scenario to approve until the
Museum has made arrangements for their needs.
Vice-Mayor .lackson stated he would like the downtown committee to look at
this presentation and make a recommendation to Council.
Councilmember Buttery stated he would prefer one of the B options. Further,
he agreed with Councilmember Zoldos that Council should not commit until the
Museum's needs have been addressed.
Mr. Gridley stated option B:~ would allow for the expansion of the museum,
Town Council Work Session Minutes for .lune 9, 2003 Page 9
Marybeth Mohr, Loudoun Museum, stated an opportunity to acquire additional
space for administrative offices at another location within walking distance has been
presented to the museum. She stated the museum could support option B2, devote
their current facility entirely to exhibit space and relinquish their space earmarked
for expansion in exchange fore a partnership with the Town to secure the funding to
rehabilitate the historically significant building associated with this opportunity. She
added that in doing this the town would need to provide approximately $150,000 for
matching federal grants.
Ms. Mohr added that the only accommodations the museum would need in
the B2 option would be an elevator for handicapped access to the second floor and
bathrooms on the second floor. Further, she outlined the concern the museum has
for closing off their retail operations in the log cabin during the expansion.
Bob Noe stated it is not in the best interest of the log cabin to leave it where
it is. He outlined his feeling that the cabin would be smothered by any building
behind it and stated it would be better to move the cabin to the grassy area near the
alley.
Mayor Umstattd asked if the log cabin is currently in its original location?
Ms. Mohr stated the log cabin was constructed in 1767 and is in its original
location, but not position. She further stated adding additional building around the
site is what happens with the contrast between old and new.
Mr. Rodenberg suggested having this item come back to Council in two weeks
after further discussion with the museum. He further stated there would be more
input sessions, a worksession and presentation to the Board of Architectural Review.
l~t was the consensus of Council to vote on a design in two weeks.
Mr. Donnelly asked how much time the museum would need to make
arrangements so that Council can make a decision.
Ms. Mohr stated if Council agrees to the partnership with the museum, then
they are willing to forgo their expansion immediately.
Councilmember Zoldos stated before there can be a vote, the museum needs
to see to the acquisition of an alternative property and the town needs to find the
$150,000 in seed money.
Mayor Umstattd stated it might take a while for the town to see if there is
$150,000 to give.
3. Emergency Preparedness Briefing/Citizen Corps
.loe Price outlined the four phases of emergency management (1) mitigation,
(2) preparation, (3) response, (4) recovery. He stated town departments have
begun the preparations for this by identifying critical functions and staff necessary to
perform those functions; identifying skills, procedures, operational plans to carry out
critical tasks; and developing sustained operational plans as well as a call list for
critical staff and back ups as a means to contact staff.
Town Council Work Session Minutes for .lune 9, 2003 Page 10
Chief Price stated the town should continue to plan staff development and
training and engage the community. He stated a critical step in engaging the
community is the development of a Citizen Corps, which is a component of USA
Freedom Corps that creates opportunities for individuals to volunteer to help their
communities prepare and respond to emergencies. Further, he outlined other
opportunities for community involvement such as Volunteers in Police Service (VTPS),
Neighborhood Watch Program, Community Emergency Response Team (CERT) and
IVledical Reserve Corps.
Chief Price recommended the creation of a hybrid model of these, which
would create a community database of skilled and trained volunteers to supplement
first responder and other staff in emergencies. Further, he stated this could be done
at minimal cost.
Councilmember Zoldos thanked Chief Price for the tour of the mobile
command center before the meeting.
Chief Price thanked MPO B. Wolff, who organized the annual Poker Run, which
raised $3,000 for the Special Olympics.
Councilmember Buttery stated his support for creating a list of potential
volunteers and a list of the various capabilities they could bring to assist the town in
a crisis.
4. Health ]:nsurance Coverage's Contract
Paul York stated staff is recommending that Council authorize a contract with
United Healthcare to provide insurance to the employees of the town effective
September 1. He stated the premium schedule is attached; which outlines the
current premium rates under Mamsi, what their renewal rates would be and what the
rates will be for the three choices under United Healthcare. Further, he stated the
town expects to maintain the same participation level which is a 10% charge for
employee only, a 12.5% charge for employee and one child, a 15% charge for
employee and spouse and a 22.5% charge for full family coverage.
Councilmember Zoldos stated it seems to be a good deal for the employees.
5. Proposed Amendment to Town Code Section 17-6.1 Collection Fees
Paul York stated this code section change would increase the fees charged to
delinquent taxpayers when the town is required to take action to collect the taxes.
Further, he stated recent legislation by the General Assembly authorizing an increase
in the fee to $30 prior to judgment and $35 subsequent to judgment.
There was no Council discussion of this item.
6. Korean Visit
Mayor Umstattd stated Mark Gibb, Executive Director of the Northern Virginia
Regional Commission, has found a private foundation that funds trips like this and
has done so for other elected officials from Northern Virginia. She added the only
drawback is that the foundation tends to be more attracted to funding regional
groups. Further, she asked if any members of Council would be interested in visiting
Samcheok, to let her know so that she can inform Mr. Gibb.
Town Council Work Session Minutes for June 9, 2003 Page
Mr. Noe stated his understanding from Master Choi is that Samcheok is
prepared to fully host a delegation from Leesburg, excluding the cost of airfare.
Councilmembers Martinez, Zoldos, Buttery and Kramer expressed interest in
going. Councilmember Schmidt stated he could go if the trip were tied into a
business trip.
7. Unused FY 2003 Traffic Calming Funds
Vice-Mayor Jackson stated the Traffic Committee would like to carry these
funds over to do some projects in FY 2004. He stated if the funds can't be carried
over, they will be used for the fence on Fort Evans Road.
Mayor Umstattd asked Mr. Noe to inform Council if they need to take formal
action to approve this request.
Preview items for 3une 32, 2003 worksession
a. Land Development fees - public hearing
There was no Council discussion of this item.
New Business
Councilmember Zoldos urged Council to act on the Wilson/Pershing
improvements tomorrow night.
Tom Mason stated there would be an additional bond item on the agenda for
tomorrow night under new business. He stated this would approve Atlantic Mutual
insurance Company as a substitute performance guarantor for the Battlefield
Marketplace/Target project.
Councilmember Buttery asked when construction would begin?
Mr. Mason stated if Council approves this item tomorrow night, construction
could begin Wednesday.
Councilmember Buttery verified construction would begin on the Costco
building prior to construction on the Target building.
Councilmember Martinez stated he would be late arriving for the meeting
tomorrow night.
Chief Price briefed Council on a situation, which occurred last week between a
Leesburg officer, assigned as a school resource officer, and a student. He stated this
was a confrontation in which the student was injured. Further, he stated an
investigator found what did appear to be some potential for criminal wrong doing.
Chief Price stated in order to conduct a through, unbiased investigation, he
consulted the Commonwealth Attorney's office and they have begun their own
investigation. Further, he stated he has met with the family of the student and
advised them of the proceedings and course of action. He added the family has
informed the media.
Mayor Umstattd asked at which school this occurred and what was the age of
the child?
Town Council Work Session Minutes for .lune 9, 2003 Page 12
Chief Price stated it was one of the middle schools and he does not know the
age of the child.
The meeting adjourned at 11:25 p.m.
I~ of Council