HomeMy Public PortalAbout2003_08_11Council Work Session
August 11, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry
Martinez, David Schmidt, Robert Zoldos and Mayor Umstattd.
Councilmembers Absent: None
Staff I~lembers Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Director of Engineering and Public Works
Tom Mason, Planning Director Susan Swift, Zoning Administrator Brian Boucher,
Parks Manager Bill Ference, Capital ]:mprovements Manager Nagi Elsewaissi, Planner
Nick Colonna, Management ]:ntern Alexandra Shabelski, and Assistant to the Clerk of
Council Deborah Parry.
AGENDA ITEMS
Agenda for Council Meeting of August 12, 2003
a. Authorizing the Mayor to endorse a cooperation agreement
with Loudoun County.
Susan Swift introduced Susie Messner, Director of Loudoun County
Health and Human Services. Ms. Messner outlined the program stating
this would help the county and participating towns secure funding for
various projects that would assist Iow to moderate income households.
Further, she stated the deadline for signing this agreement is September
3rd'
Councilmember Schmidt verified this program has potential to assist
funding projects such as sidewalk, curb and gutter improvements on Fort
Evans Road.
b. Amending Chapter 8-12 of the Town Code to change the
residential curbside collection schedule for a better balanced
more efficient distribution.
Tom Mason stated staff is recommending this change to balance the
number of household collections per day. Further, he stated the proposed
change would not take effect until October 6TM, allowing time for resident
notification.
There was no Council discussion of this item.
c. Awarding a contract to Rustler Construction, [nc. in the amount
of $313,903.36 for construction of the Catoctin Circle Trail
Project.
Nagi Elsewaissi outlined this project stating the trail would be on the
west side from Market Street to Fox Ridge Park. He stated if approved,
construction would begin in the second week of September with
substantial completion by the end of the year.
Councilmember Schmidt inquired about the attendance at the
community meeting regarding the Harrison Street improvements and
Town Council Work session Minutes for Auqust 11, 2003 Paqe 2
suggested the residents of Andover Court be included in future
correspondence.
Mr. Elsewaissi stated the first meeting was well attended and Andover
residents will be included in future mailings.
d. Consideration of Shellhorn I~laster Plan.
Nick Colonna provided an update of the current Shellhorn Master Plan
for the government center and Phillip Bolen Park. He stated the 1997
Town Plan does not show a regional park use on this site, rather it is
designated as Business IT mixed. Further, he stated the Town Plan does
identify the need for open space, which is further identified in the 20-year
Parks Plan. In addition, the 20-year Parks Plan also supports a trail
connection at the Shellhorn location and urges that a trail connection
along Sycolin Road be constructed.
Mr. Colonna stated there are transportation concerns regarding site
access and the alignment of Crosstrails Boulevard. He stated staff feels
the report lacks detail and a traffic study.
Councilmember Schmidt stated he would like to further review this
report and asked if there was any urgency to acting on this tomorrow
night?
Susan Swift stated the master plan was given to staff last Monday and
the County has asked for comments before their next meeting. She
stated if Council needs more time to review the material, staff could
forward their own comments to the County.
Mayor Umstattd stated it would not be to anyone's detriment if Council
takes time to review staff comments and respond to the county after the
September 9th Council meeting.
Councilmember Schmidt stated the Annexation Committee might want
to look at this as well.
Councilmember Zoldos stated he would not like to vote on this at
tomorrow night's meeting and stated the Annexation committee might
want to review the plan.
Vice-Mayor Jackson, Councilmember Buttery and Councilmember
Kramer concurred.
Mayor Umstattd stated staff could forward their comments, marked as
staff comments and indicate the need for more time from the Council.
e. Zoning Ordinance Amendment - Modification of Screening and
Buffer Yard Requirements - Public Hearing.
Brian Boucher stated under the current Zoning Ordinance all
modifications are done administratively with exception of the H-1 District
where consent of the Board of Architectural Review is required. Further,
this zoning ordinance amendment would give Council the right to modify
Town Council Work session Minutes for August 11, 2003 Paqe 3
the requirements in the case of a special exception when the property is
not inside the H-1 district.
There were no Council comments on this item.
f. ZM-2002-01 - ASE/Airport Commerce Park Concept Plan and
Proffers - Public Hearing.
Brian Boucher stated the applicant would like to remove the
connection of Blue Seal Drive at Sycolin Road and some other site
improvements. Further, staff has no objections to the applicant's request
to remove the 50 percent cap on the amount of commercial office square
footage on the property.
Mr. Boucher stated the applicant has asked to postpone the
requirement for building onsite roads until they have submitted a site
plan.
Councilmember Zoldos stated the Planning Commission voted to
suspend the rules after their public hearing and approved this application
by a 5-0-2 vote. Further, he stated the proffers indicate a contribution of
$0.60 per gross leasable square foot for uses other than commercial
office. He asked what those other uses would be?
Mr. Boucher stated those uses could include T-! warehousing and flex
industrial,
Councilmember Zoldos asked why the road improvements need to be
approved by the Federal Aviation Administration?
Mr. Boucher stated the improvements fall under their jurisdiction
because of the close proximity to Leesburg Executive Airport,
Bob Sevila, counsel for the applicant, stated he would make a formal
presentation at the public hearing and hopes Council will feel comfortable
in supporting this application.
g. Commenting on the proposed increase in Dulles Greenway tolls.
Councilmember Buttery asked Council to endorse the public hearing
process for this. He stated he would feel comfortable going on record now
as opposing this, but would like to hear the public comments and then
revisit the issue at a future date.
Councilmember Schmidt stated he is uncomfortable with the town
going on record in opposition because there is a free market element
involved here with private sector funding. Further, he stated if the toll
road's owners price it to a point where people wouldn't drive on it, they
would adjust their prices accordingly.
Councilmember Martinez concurred,
Councilmember Zoldos stated he would support the Town Attorney's
Recommendation as outlined in his staff report.
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Vice-Mayor Jackson concurred with Councilmember Zoldos.
Mayor Umstattd stated the Greenway is operated by a private
corporation and government should not get involved; however, the SCC's
public hearing is open to any councilmember wishing to go on their own.
2. Proposed change in polling place.
Mayor Umstattd stated this would be a change in location from the
Shenandoah Square Office Building to Frances Hazel Reid Elementary, which is
just barely outside of the polling district.
Dianna Price, Electoral Board Secretary, stated this location is outside of
the polling district, but is within the 1,500 yards that the law allows for general
elections and within the mile allowed for municipal elections. She stated this change
would affect 8,330 voters in the town and 3,329 voters for the County. Further, she
stated the town needs to act quickly to approve this to allow the U.S. Justice
Department plenty of time to authorize the change so that new cards can be mailed
to the affected voters by January 1, 2004.
Mayor Umstattd verified the Electoral Board would like this voted on
tomorrow night.
Bill Donnelly stated it is not necessary to vote on this item tomorrow night.
He stated Council could hold a public hearing for the first meeting in September and
then vote on the change. Further, he stated the Justice Department has to act
within 90 days of receiving the request which should allow enough time for the voter
registration cards to go out on January 1st.
Councilmember Zoldos asked if Council could tentatively approve the
ordinance change subject to the outcome of the public hearing?
Mr. Donnelly stated the public hearing would have to take place before
Council could vote on the ordinance.
3. Proposed traffic flow improvements on Market and Loudoun
Streets in downtown.
Tom Mason stated staff received a suggestion from the Poole family to
create a one-way traffic system on Loudoun and Market Streets. He stated a 1997
traffic study looked at a potential one-way pair system on Loudoun and Market
Streets. He stated Council approved an option where the cross over from Loudoun
Street to Morven Park Road would be realigned and a traffic signal installed. This is
project #37 in Capital Tmprovement Projects. The second part of this is a small one-
way pair at the east Y with Market, Loudoun and Harrison, which is currently in the
appendix of the Capital Improvement Projects. Further, he stated the Planning and
Economic Development Departments recommend that if this one-way pair is
constructed, the town would need an appearance package study done as well as a
study of the potential effects on the businesses in that area.
Councilmember Zoldos stated his support for the redesign of the Morven Park
Road interchange; however, he would not want the one-way pair system on East
Market and Loudoun Streets.
- Councilmember Buttery and Mayor Umstattd concurred.
Town Council Work session Minutes for August 11, 2003 Page 5
Councilmember Zoldos stated the egress at the Leesburg Volunteer Fire
Company i station should be taken into consideration with this project.
Councilmember Martinez verified that staff would contact the Poole family
concerning Council's decision.
4. Town Plan Amendment for diamond interchange.
Susan Swift stated Barber & Ross has applied for a site development plan
approval. She stated Council asked that the proposed cloverleaf on this property be
changed to a diamond interchange and that Russell Branch Parkway be downgraded.
She stated the plan amendment cannot be done without a traffic study to justify the
change and Peterson Company has not complied with staff's request for a traffic
study. Further, the available information is not current enough to convince the
VDOT officials to make the change.
Ms. Swift stated research shows it would take 4-6 months to complete the
study and VDOT review would cost a minimum of $25,000. Further, she stated the
site plan submitted by Barber & Ross seems to avoid the footprint of the cloverleaf
and the approach to the interchange, which minimizes the urgency for the Town Plan
amendment.
Ms. Swift stated the IVlayor had asked staff to look at the Battlefield Parkway
cloverleaf at Route 7. The Landsdowne developers have already done a study and
submitted an application to the county showing a diamond interchange at that
location. Further, VDOT stated if the town is serious about making this change they
would prefer to look at both segments together.
Mayor Umstattd asked if staff would like for Council to initiate an
amendment for that interchange as well?
Ms. Swift stated if the Council wants to look at both interchanges perhaps
the town staff could coordinate with other landowners in the area who may be doing
their own studies.
Mayor Umstattd stated such an agreement would be impressive if staff could
put it together.
Councilmember Schmidt verified that the site development plan could go
forward while staff is working on this amendment. Further, he stated he would be
open to fostering relations with landowners if it is amenable with all parties.
Councilmember Zoldos asked if the cloverleaf design would allow
pedestrian and bicyclist friendly access?
Ms. Swift stated she would need to check on that.
Councilmember Zoldos stated it should not take three months to complete
the study. Further, he believes the density in this area would be reduced based
upon the type of business locating there. He asked how the downgrading of
Russell Branch Parkway relates to the diamond interchange?
Town Council Work session Minutes for August 11, 2003 Page 6
Ms. Swift stated Russell Branch should be four lanes in order to carry the
estimated volume of traffic to the interchange. Further, the plan is to remove the
light at Cochran Mill Road so that Russell Branch Parkway becomes the main
route to Route 7, Cochran Mill would become a much less used roadway with
the light removed.
Councilmember Buttery asked if all the land where the cloverleaf would be
located is all in Leesburg?
Ms. Swift stated the south side of the area is but she would have Lo check
to see if the north side is within the corporate boundaries.
5. Solid Waste I~laster Plan.
Tom Mason stated the State Department of Environmental Quality is
requiring all jurisdictions to submit a revised Solid Waste Management Plan. He
stated the county proposed that Leesburg join with other Loudoun towns to form an
ad-hoc committee to create the plan.
Mr. Mason stated issues discussed by the committee included: what happens
to solid waste, where it comes from, where it goes, who handles it, and the state
requirement for 25 percent recycling. He stated a public hearing was held on April
18th in the Board of Supervisors Chambers on behalf of the Loudoun County Solid
Waste Management Planning District. The Board of Supervisors adopted the revised
plan at their May 5th meeting and asked that all of the other members of the district
adopt the plan.
Mr. Mason staled staff recommends that Council adopt the plan and affirm the
town's membership in the planning district.
Councilmember Schmidt stated there doesn't seem to be any change for our
services and couldn't you argue that we are already exceeding the standards set out
in this new program?
Mr. Mason stated the town leads the county in collection and staff feels that
the town will exceed the 25 percent requirement for recycling based on what the
town is currently doing.
Councilmember Schmidt asked if Bill Replogle had any statements to make?
Bill Replogle, Environmental Advisory Commission Chair, stated the town is
taking steps to exceed the 25 percent requirement for recycling, however a public
service campaign is needed.
Councilmember Zoldos verified the county does not charge the town for
hauling items generated by the town to the landfill. Further, he asked if a
comparative cost analysis has been done for the town to purchase its own fleet of
vehicles to pick up the trash and hire personnel versus what our contracted service
provider does?
Mr. Mason stated the town would have to purchase a facility, buy the vehicles
plus the town would have to pay tipping fees. He stated staff could perform an
analysis; however, the purchase of capital equipment and a facility would be upfront
costs.
Town Council Work session Minutes for Auqust 11, 2003 Page 7
Councilmember Zoldos stated at the next budget cycle he would like to see a
presentation from staff with a cost comparison.
Vice-Mayor Jackson stated CS:[ is doing a good job and he has received
fewer complaints since they took over the trash collection.
Councilmember Kramer thanked Mr. Replogle for attending the meeting.
6. Residency requirements for boards and commissions.
Councilmember Schmidt stated he was surprised to see that most
commissions have taken this into account and is happy with where they are.
Councilmember Zoldos asked that the requirements be amended to allow
those who work in Leesburg as well as those who reside in Leesburg to serve on
town boards and commissions.
Vice-Mayor Jackson stated four commissions did not have a quorum in July
and asked that Councilmembers check on their appointees.
Councilmember Buttery, Kramer and Mayor Umstattd concurred with
Councilmember Schmidt.
7. Enforcement of town regulations.
Mayor Umstattd stated she has concerns that the town does not have an
ombudsman who would look out for what is good for businesses and suggest
regulation amendments where needed. She introduced Mr. Stephen Cohen, Vice-
President of Jerry's Ford and his counsel, Bob Sevila.
Bob Sevila stated this concern has risen from a citation that was issued by a
zoning employee while checking up on a complaint on a different property in the
area. He stated the employee discovered some vehicles parked on a lot on Cardinal
Park Drive along with another violation regarding parking vehicles displaying signs
on them while on a public street. He stated the vehicles on the street were moved
by Mr. Cohen who believed that he had satisfied the requirements.
He stated Mr. Cohen then received another notice stating if the vehicles
weren't moved from the lot in another period of time that criminal prosecution would
ensue. Further, Mr. Cohen does not own this lot but leases this lot for storage of his
inventory.
Mr. Sevila stated he has met with both Mr. Cohen and Ben Williams, President
of Noland Company and owner of the property in question. He stated he believes this
problem has resulted out of inadvertence rather than blatant disregard of the law.
Further, he has a meeting scheduled with town staff to file for a special exception to
allow parking these vehicles on this lot.
Mr. Sevila encouraged Council to encourage staff to find a balance in the
enforcement. :[f a violation does not result in any harm or potential harm to the
community, and they are actively pursuing avenues to come in compliance,
discretion should be used as to the level of enforcement.
Town Council Work session Minutes for August 11, 2003 Page 8
Mayor Umstattd asked if other jurisdictions have provisions for discretion
to allow the use as long as there is no danger to the community and the violator is
trying to come in compliance?
Mr. Sevila stated normally it is left to the discretion of the Zoning
Administrator. Further, it is more an issue of Council philosophy.
Councilmember Schmidt suggested the Economic Development staff be involved
in the process to address some of the issues from a business friendly environment.
Councilmember Zoldos stated there is no codification required as long as the
applicant is showing a good faith effort in applying for a special exception. Further, it
is smart business to use common sense and back off the legal enforcement until the
special exception process has taken place.
Councilmember Buttery stated he would like information from the Town
Attorney and staff regarding the overall situation.
Mr. Cohen stated Jerry's has Ford Lincoln Mercury, and Chevrolet dealerships
in town and shares the lot in question with Toyota and Honda. Further, he stated it
didn't occur to him that use of the lot would be in violation because it is surrounded
by industrial uses.
Mr. Cohen stated the signs on the cars that were parked on the street, were
nothing more than price stickers. He stated that he is working to come into
compliance; but has found Mr. Roden from the Zoning Department to be inflexible.
Bob Noe stated the Economic Development staff has been brought in on this
particular matter. He stated town staff exercises discretion everyday and in using
that discretion considers the seriousness of the offense, the willingness to comply
and the record of prior offenses. Further, he stated to the best of his knowledge
staff has not received notice of willingness to comply in this case.
Mayor Umstattd stated she would define willingness to comply as filing a
special exception to bring the property into compliance.
Mr. Cohen stated the town staff has not been pleased with him historically
and a few years ago staged an agenda of selective enforcement against his
businesses. Further, Mr. Cohen stated his organization has not been given the
benefit of turning over a new leaf in the spirit of cooperation and compliance.
Brian Boucher stated the impression that his office has an agenda against
others is not true. Further, he stated there is a history with this applicant, but that
has not been taken into consideration.
Mr. Boucher stated a letter requesting compliance was sent to the owner of
the property on May 8th and no response was received. He stated after 30 days
Brian Roden called Mr. Williams of Noland to check on the situation and was informed
by Mr. Williams that he thought the situation had been taken care of. At that time
Mr. Williams, not the town, sent a letter to Mr. Cohen telling him to fix the situation
or move out. l~n addition, Mr. Boucher stated he asked Mr. Roden for a status report
and was told that he planned to give IVlr. Cohen until September before he made
Town Council Work session Minutes for August 11, 2003 Page 9
another enforcement attempt; which would have been four months since the first
letter was sent.
Mr. Boucher stated an application has not been filed, but there is a meeting
scheduled for tomorrow. He stated in addition to the Zoning Ordinance violations
there are violations regarding the site plan. He stated the staff will work with
citizens, but those in violation have to talk to staff and show a good faith effort. He
stated it is not the zoning staff's mission to punish people, but to gain compliance.
Mayor Umstattd asked if businesses are regularly informed of what process
they could use to gain compliance?
Mr. Boucher stated they normally do not do that because it can sometimes
take so long for a special exception and a special exception may not be appropriate
in all occasions.
Bill Donnelly stated he is not aware of any locality that has a process on
enforcement, rather it is a more a matter of prosecutorial discretion. Further, he
stated during his time in Fairfax County the Zoning Administrator's staff exercised
discretion in each case, but that it was not a written policy.
Mr. Donnelly stated if the violation does not involve a health or safety risk,
you balance the impact on the business and the tax base versus the willingness of
the alleged violator to cooperate and the record of the violator. He stated it is
difficult to legislate those issues adding staff should be given the message that you
support and encourage them to exercise sound discretion on a case-by-case basis.
Mr. Donnelly suggested if the violation could be handled by a special
exception, that a letter should be sent out stating the town will not prosecute if they
receive in writing a statement that an application will be filed in a certain number of
days and that the application will be processed with due diligence.
Mayor Umstattd stated she would agree that the letter outlined by Mr.
Donnelly is a good idea.
Councilmember Schmidt stated there are cases where compliance does not
resolve the issue; there may need to be a change of rules. Further, he stated this is
not an issue with the zoning staff, who do a fine job, but it may not be up to them to
determine when a change is needed.
Councilmember Martinez stated he would like to see staff work with the
applicant.
Councilmember Zoldos stated he would like to see interim measures taken
until this issue can be resolved such as discussion of the issues, procedures to gain
compliance and guidelines on filing for a special exception.
Councilmember Buttery stated it is important to send a message that the
town is fair and impartial to businesses and homeowners and consistently operates
within the guidelines.
Councilmember Kramer stated Mr. Boucher is a consummate professional and
this discussion tonight is not to question his performance.
Town Council Work session Minutes for August 11, 2003 Page 10
Mayor Umstattd stated she appreciates Mr. Boucher's consistent effort to be
impartial; however, leaving things to his discretion leaves him in the position of
being pressured by Council to ignore the ordinances. She stated when there is a
need for business to expand it is a challenge to allow them to expand their business
with as few road blocks as possible. Further, the town seems to be more geared to
enforcement than to business promotion.
Mayor Umstattd stated there should be a spokesperson for town business on
staff. Further, she supports the idea of having staff keep the public well informed on
the processes.
Mayor Umstattd stated the Council supports Mr. Boucher as a
professional, but this is an opportunity for Council to review the policies and
establish additional policies that are more business friendly.
Mayor Umstattd thanked Mr. Sevila and Mr. Cohen for attending and asked
them to provide Council with their ideas on how to make the town more business
friendly.
Mr. Sevila stated he has great confidence in Mr. Boucher and none of his
comments were directed towards him.
8. Deputy Town r4anager - Councilmember Zoldos.
Councilmember Zoldos stated Council had directed the Town Manager to
advertise for a deputy town manager, yet he learned from this week's newspaper
that the Town Manager plans on downsizing the administration to hire an assistant to
the town manager instead. Further, he stated to the best of his knowledge the town
advertised for the position of Deputy Town Manager and is in the process of
interviewing for that position. Additionally, he asked if something happens to the
Town Manager, whom does the town have to follow up and to continue the day-to-
day operations?
Mayor Umstattd stated she does not remember the Council directing the Town
Manager to conduct the search one way or the other.
Bob Noe stated he did not receive any directive from Council regarding this
position. He stated he does not wish to give up the position of deputy town
manager; however, when a deputy is hired they expect to have some sort of
supervisory role over the various departments. The town is not of the size to
accommodate that need. Further, he stated the assistant to the town manager
would do the same work as the deputy and he does not see any disadvantage to the
town.
Councilmember Schmidt concurred with Councilmember Zoldos and stated
that because it is a position that deals directly with Council, somebody who can
speak for the Town Manager in his absence is a little different than an assistant.
Councilmember Martinez stated he has come to trust the Town Manager and
trusts that the manager will do what is in the best interest of the town.
Town Council Work session Minutes for August 11, 2003 Paqe 11
Councilmember Zoldos asked why the manager advertised for a deputy town
manager and what were the interviewees told about the position they were applying
for? Further, it is not a matter of trust, but a matter of direction and he would be
happy to provide direction tomorrow night in the form of a resolution.
Mr. Noe stated the town advertised for an assistant to the town manager, not
for a deputy town manager. Further, he feels this is an issue for the Town Manager
to decide, not the Council.
Councilmember Buttery stated he does not have strong feelings about this
either way, but does not have any problem with the Town Manager hiring an
assistant as opposed to a deputy.
Councilmember Kramer stated this is clearly Mr. Noe's decision and she would
not like to question his authority on this issue.
Mayor Umstattd stated she would support Mr. Noe as well.
Preview items for September 8, 2003 work session.
a. Proposed revisions - Regulations for use of parks.
There were no comments
b. Amendment of pretreatment ordinance.
There were no comments
The meeting adjourned at 10:11 p,m.
ouncil
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