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HomeMy Public PortalAbout2003_07_21Council Work Session 3uly 21, 2003 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmernbers Present: Frank Buttery, Mervin 3ackson, Melinda Kramer, David Schmidt, Robert Zoldos and Mayor Umstattd. Councilmembers Absent: Marty Martinez Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Director of Engineering and Public Works Tom Mason, Director of Economic Development Betsy Fields, Recreation Programs Manager Abby Kimble, Management Intern Alexandra Shabelski, and Clerk of Council 3udy Ahalt. AGENDA ITEMS Agenda for Council Meeting of 3uly 22, 2003 a. Consideration of vacation of a portion of North Street, NE Town Attorney Bill Donnelly stated the town has constructed a public sidewalk on North Street, which required an additional 131 square feet of private property. The town now wishes to vacate 149 square feet of public street, which is no longer required, and exchange it for property needed from the Bowers'. There was no Council comment. b. Endorsing Loudoun Museum proposal for acquiring use of School Board's Union Street property and restoration of training school. Bob Noe advised Council that staff has met with Liz Whiting, President of the Loudoun Museum board and Mary Beth Mohr, Executive Director. He stated the resolution reflects their discussions. Councilmember Zoldos stated he has a great interest in supporting the funding requested by the museum. Mr. Noe advised Council that funding could be discussed at a later date, but the museum is looking for a commitment on their proposal for the School Board's Union Street property. Councilmember Buttery questioned whether the County should be involved in discussions. Mayor Umstattd questioned whether a letter should be sent to Loudoun County Board Chairman York. Councilmember Kramer added the town was considering funding in FY 2005. Mary Beth Mohr confirmed that funding could wait, but first they need a commitment for their proposal. Town Council Worksession Minutes for July 21, 2003 Page 2 Mayor Umstattd verified that Karen Jones approved the wording of the resolution. c. Making an appointment to the Standing Residential Traffic Committee. Vice-Mayor .lackson stated the vacancy had been advertised and one application was received. He stated the applicant is Sandra Kane who currently serves on the Environmental Advisory Commission. Further, the town attorney concurs there is no legal conflict in serving on more than one town committee. Councilmember Buttery asked if there is a policy on serving on more than one committee? Bill Donnelly stated the State Code permits it and the town has no written policy. Councilmember Zoldos suggested an amendment to the Town Code with reference to serving on more than one commission and permitting Leesburg business owners to serve. It was the consensus of Council to look at a code amendment addressing residency requirements for board and commission members. Proposed One Way Traffic on Downtown East Market Street and Loudoun Street Bob Noe asked that staff be given more time to review this item. was the consensus of Council to defer this item. Mayor Umstattd added that Arnett Muldrow opposed this proposal in the Strategic Plan for the downtown. 3. Loan to Leesburg Volunteer Fire Department Bob Noe stated the site development costs for the Leesburg Volunteer Fire Department site was approximately $1,000,000. The fire department was to pay $386,882 (30%) of those costs. Further, a Letter of Intent dated March 1996 contemplated a lease agreement between the two parties. The town attorney has advised that the statute of limitations is about to expire for collecting the debt. Councilmember Schmidt stated the lease agreement should be cleared up, but he does not wish to pursue action on collecting the development costs. Mayor Umstattd stated the fire department was under the impression that the fee would be forgiven. Councilmember Zoldos and Vice-Mayor Jackson concurred with Councilmember $chmidt. Town Council Worksession Minutes for .luly 21, 2003 Page 3 Councilmember Buttery stated a lease agreement is needed, but the 30% of cost is a different issue. Bill Donnelly stated he believes the fees are enforceable since the fire department signed a letter of intent. Further, in 1998 the Town Manager wrote the fire department stating construction of the building was complete and asked for remittance of the fees. Mr. Donnelly stated the obligation to pay would expire on August 18, 2003. If the town does nothing, the fire department is released of the obligation. Mr. Donnelly stated he would only file suit against the fire department with a formal request from Council. Councilmember Zoldos stated Ron Nicholas and Jim Clem were members of the fire department at that time and may be able to shed some light on the issue. Mayor Umstattd stated she does not wish to sue the fire department, but would like to see a lease agreement. After further discussion, Council decided that a lease should be formalized and a formal letter sent to the fire department forgiving the debt. 4. Fee Waiver Request - O'Neal Stewart Motorcycle Charity Show Abby Kimble addressed Council in reference to this issue. She stated the request has followed the special event process and there is no basis for recommending a waiver of fees. Scott Warner addressed Council. Mr. Warner explained the event and the benefits to the town. He added the funds raised are given to the yIVlCA less any fees paid to the town. Councilmember Schmidt commended Mr. Warner for his efforts but stated policy has to be fair to all town events. He added that the town has doubled ils donation to the YMCA this year. Town Attorney, Bill Donnelly, added that fees have been waived for a number of special events. The fee waiver is given as a gift as prescribed in the Code of Virginia. He added the special event application has no provision that dictates what percentage of the donations goes to the charity. Abby Kimble added that Mr. Warner agreed to pay the outstanding fees for last year's event and has not yet done so. She also stated that a reason for denial was that the YMCA is not the sponsor of this event. Councilmember Schmidt reminded Council that a policy was established regarding the waiving of fees. Town Council Worksession Minutes for July 21, 2003 Page 4 The Mayor stated in the past Council has been consistent in not waiving fees. Councilmember Zoldos commended Mr. Warner for his efforts of raising monies for the YMCA. He added that since Council has provided $10,000 in funding to the YMCA this fiscal year, he is reluctant to grant this waiver request. Mr. Warner stated that all of the monies raised go straight to the YMCA and that this charity event has raised a total of over $:[0,000 over the past three years. Council commended Mr. Warner for his efforts but stated that waiving of fees would be overturning staff policy. 5. Request to install motorcycle parking between #7 North King Street and Harket Street Tom Mason stated that the "No Parking Zone" on the west side was created in 1987 by the removal of two parking spaces. He stated this was done to help relieve some congestion at this intersection. Further, if an existing metered parking space were converted for motorcycle parking; it would eliminate one passenger vehicle space. He stated if it is Council's desire, a metered motorcycle space could be created. Scott Warner addressed this issue with Council. He stated that no other intersection in town allows for space to go around vehicles. He asked that the 60 foot yellow line be reduced to 40 feet. Further, he added that other businesses have been accommodated with parking requests and lack of motorcycle parking creates a hardship for his business. Councilmember Zoldos stated he would consider giving up 20 feet for motorcycle parking. Bob Noe questioned whether motorcycle parking could legally be enforced in a metered zone? Councilmember Buttery also questioned whether we could designate a motorcycle-parking zone. Tom Mason advised Council that he would get more data on this issue and return to Council. 6. Amendments to change Chapter 8~ Garbage and Refuse of the Town Code Tom Mason recommended that the Town Code be amended to change the collection schedule of garbage and refuse to Option B and the Town Manager be delegated authority to make future adjustments to the collection schedule. Mr. Mason added that CST has withdrawn their request to pick up yard waste on Wednesdays. Mayor Umstattd stated the EAC recommends that Council have the authority over future adjustments to the collection schedules. Town Council Worksession Minutes for July 21, 2003 Page 5 It was the consensus of Council to endorse Option B but to give Council authority for future adjustments in the collection schedule. There was further discussion with reference to cardboard recycling. It was Council's desire to encourage cardboard recycling, but if cardboard is put in with the trash on trash days it will be taken. The Mayor expressed concern with lack of communication to citizens on this issue. Further, the inconvenience may cause citizens not to recycle. Bob Noe stated that he will contact the contractor to clarify that cardboard on trash day will be picked up. Preview items for August 11, 2003 worksession None New Business a. Community Development Block Grant Nicole Ard stated the Community Development Block Grant meeting would be held tomorrow night, .luly 22, 2003 in Purcellville. David Fuller, Chief of Comprehensive Planning, will be attending on behalf of the town. Ms. Ard stated it is hopeful that a County/Town agreement can be reached in 2004. b. Park and Ride Lot Councilmember .lackson asked the status of the Park and Ride Lot request from Loudoun County? Bob Noe stated he has spoken with Mr. John Clark with Loudoun County and suggested they make their proposal to the town, Vice-Mayor Jackson stated that the citizens of southwest and the Economic Development Commission object to the Westpark site being used for a park and ride. Mayor Umstattd stated Mr. John Clark is to provide information on the origination of the vehicles using the parking site, Councilmember Schmidt stated a preferred location would be a site off the Greenway. He also questioned whether a special exception is needed to develop the Westpark site for a park and ride. Councilmember Zoldos stated the Zoning Administrator says a park and ride cannot operate on the site. Bill Donnelly stated zoning approval would be required as well as a Commission Permit from the Planning Commission. Town Council Worksession Minutes for July 21, 2003 Page 6 c. Barber and Ross Status Report Councilmember Zoldos asked for a status report on staff's progress to facilitate the relocation of Barber and Ross. The Town Attorney advised that Mike Banzhaf would be submitting a special exception application for the site. Mr. Donnelly stated the amendment to the Town Plan addressing interchange design of Russell Branch Parkway is to be processed concurrently with the preliminary development plan and special exception. Further, he explained the site plan will be submitted for the entire property, but the resolution only applies to the Barber and Ross site. Councilmember Zoldos asked for an update on the diamond interchange. Mr. Donnelly stated the comprehensive plan amendment would address the diamond interchange. d. Battlefield Parkway Councilmember Buttery asked the status of the Battlefield Parkway extension? Tom Mason reported that two lanes are under construction from Fort Evans Rd, to Route 7. The remaining two lanes are awaiting final approval from VDOT. Further, the connection through Edward's Landing from Potomac Crossing to Edwards Ferry Road is near completion. The only remaining link is from Edwards Ferry Road to Fort Evans Road through the Rehau property. Councilmember Buttery asked the status of the bridge over Goose Creek between Riverside Parkway and Lansdowne? Mr. Mason stated he would check on an opening date. The meeting adjourned at 9:50 p.m. ,~-rk of Council minutes/2003_tcwsmin0721