HomeMy Public PortalAbout2003_10_27
Council Work Session
October 27, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marty
Martinez, David Schmidt, Robert Zoldos and Mayor Umstattd.
Councilmembers Absent: None
Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathleen
Leidich, Director of Engineering and Public Works Tom Mason, Director of Planning,
Zoning and Development Susan Swift, Director of Economic Development Betsy
Fields, Director of Utilities Randy Shoemaker, Chief of Police Joe Price, Traffic
Engineer Calvin Grow, Zoning Administrator Brian Boucher, Management/Budget
Officer Michael Freda, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
1. Agenda for Council Meeting of October 28, 2003
a. Authorizing the issuance and sale of $1,350,000 General
Obligation Bonds
Mike Freda advised Council the proposed bond issuance and sale is for five
public improvement projects. A public hearing was held on October 14, 2003.
Mr. Freda introduced David Rose, the town's financial advisor from
Davenport Company. Mr. Rose outlined the financing proposals received
from five banks.
Mr. Rose recommended proceeding with Option Two with Bank of America
at 3.5% for a term of 15 years.
It was the consensus of Council to proceed as recommended by staff and
bond cou nsel.
b. Special Exception #SE-2003-03, Mobil Car Wash, 1017 Edwards
Ferry Road, NE to permit a single-lane car wash addition to an
existing service station.
Brian Boucher outlined this special exception application to add a single-
lane car wash to the Mobil Station at Battlefield Shopping Center.
Mr. Boucher stated the Planning Commission is recommending conditional
approval.
He clarified that Condition #2 has been modified to ensure that
landscaping will be addressed prior to issuance of a zoning permit to build the
addition and the Zoning Ordinance landscaping requirements will be used as
the standard of compliance.
Councilmember Schmidt commented that most special exception
applications are more specific with landscaping.
Town Council work session minutes for October 27,2003
Page 2
Mr. Boucher stated since this is an existing gas station, landscaping is only
needed along the entrance to the car wash.
c. Designating Applicant's Agent for Federal Disaster Assistance
Purposes.
Mike Freda stated this legislation is necessary to designate an applicant
agent for Federal disaster assistance from the Federal Emergency
Management Agency (FEMA) for Hurricane Isabel and the September 23
rainstorm.
There was no Council discussion on this item.
d. Declaring the developer of the Dry Mill Subdivision, Section lA, in
default of its contract for installation of public improvements and
authorizing the Town Manager to prepare and sign the documents
necessary to request payment of the performance guarantee
funds.
Tom Mason advised that the developer was given two additional weeks to
finish the required public improvements in the Dry Mill Subdivision. He stated
that an inspection was conducted on October 24 and five unresolved items
remain on the punch list.
Mr. Mason recommended an additional two weeks to allow completion of
the remainder of the punch list items.
Council member Schmidt questioned whether the additional items could be
completed in two weeks.
Councilmember Martinez suggested allowing 30 days for completion.
Councilmember Zoldos recommended proceeding with the default.
Steve Jackson, attorney for the developer, addressed Council. Mr.
Jackson stated the developer has not abandoned the project. He stated they
need 30 days to complete the punch list items.
Tom Mason added he would verify with the Utilities Department that all
outstanding utility department issues have been resolved.
Councilmember Zoldos stated the developer has been given several
notices to complete the punch list dating back to November 2002.
There was further Council discussion as to how long it would take the
applicant to complete the remainder of the items.
Mr. Jackson asked that staff provide some clarification with respect to the
trees that need to be replaced.
It was the consensus of Council to allow another 30 days for completion of
outstanding items with the contractor automatically going into default if he
fails to complete all punch items at the end of that period.
Town Council work session minutes for October 27,2003
Page 3
Further, after 30 days and upon completion of the outstanding items a
request will be made to release the performance bond.
e. Amending the Town Attorney's employment contract.
Councilmember Zoldos proposed a 3% merit increase for the town
attorney. He stated this increase would total $3,127.87.
2. Update on Loudoun Street Addition - Bowie Gridley
Nicole Ard stated that the Board of Architectural Review, Loudoun Museum,
the Economic Development Commission and staff have met with the architect and
their comments will be taken into consideration. Currently, we are in the schematic
phase of the process and hope to have construction drawings for bid in late spring.
Tim Lovett, Bowie Gridley Architects, provided several different schematic
drawings of the project.
Council had various concerns with the massing of the building and the lack of
diversity in the facade of the retail areas and suggested making the facade appear as
four different units; possibly with different roof heights.
Councilmember Buttery confirmed that the museum is satisfied with the
proposed plan.
Councilmember Kramer suggested possibly displaying local art at the
addition.
3. Barber & Ross rezoning on Council Motion - Mayor Umstattd
Mayor Umstattd asked that Council move forward with the Council-initiated
amendments/rezoning for the Barber and Ross property to make it compatible with
the type of development Council would like. She stated she has met with Barber
and Ross representatives and they are willing to submit to H-1 Corridor regulations
for redevelopment of the site.
Peter Melchione of Barber and Ross stated the town has made a request to
them to rezone the property to B-l. He stated they have several options for the
property after they move their business to the Winchester area. Further, he added
they have no desire to initiate or request a rezoning of the property.
Councilmember Schmidt asked for clarification as to what staff offered to
Barber and Ross?
Mr. Melchione stated the town requested that they initiate a rezoning to B-1
and R-16. They received a memo from town staff indicating how they felt the
property could be used. He stated the only caveat is that they would agree to vacate
the nonconforming use in two to three years. He added, it was not tied to Barber
and Ross staying in the area.
Councilmembers Zoldos, Buttery and Martinez had no comments.
Vice Mayor Jackson stated he would let staff decide what should be done.
Town Council work session minutes for October 27,2003
Page 4
Councilmember Kramer asked if staff had not approached them, would they
have explored the option to stay here and have a minimal business?
Mr. Melchione stated they need additional space and it was never a question
of whether they would stay exclusively. They still may leave part of their operation
here.
Susan Swift stated a rezoning was one of many options, such as a joint
Request For Proposals (RFP) to help find a buyer and work with the buyer to develop
the property. This was the preferred option. She stated staff expressed in several
meetings with Mr. Minchew that they were not thrilled about a rezoning to a by-right
use, but would proceed as directed.
She stated they talked at length about proffers. Staff never said they didn't
want proffers, as they are voluntary. They discussed specifics about phasing - when
they would move and when the redevelopment would take place. She added they
prepared a memo at Mr. Minchew's request as to what kind of rezoning could go on
that site. Staff preference was not to have a by-right use. She stated it was our
impression that the town was offering that if Barber and Ross chose to stay. She
stated rezoning to a by-right use; initiated by the town with no proffers, is not what
staff would support for this site and would set a precedent.
Mayor Umstattd asked how do we avoid a big box retailer coming to site? Ms.
Swift stated this could happen by-right; however, our preference is to have
somebody with a quality planned development for the site.
The Mayor said the redevelopment of this site is a separate issue from Barber
and Ross staying in Leesburg. According to County Attorney Jack Roberts we could
accept proffers in a rezoning and the Town Attorney has confirmed this is a
possibility. She stated mixed-use redevelopment is her preference for this site and a
public private partnership would be the best solution for the town.
Councilmember Schmidt commented the Economic Development Commission
had some concerns and plans to meet on the issue.
Councilmember Martinez stated he could not support the rezoning. Further,
a public/private partnership needs to have support from both parties.
Councilmember Zoldos agreed with staff to deny the request as it takes away
the possibility of negotiation and sets a bad precedent. He stated it is not in the
town's best interest to rezone at this time.
Vice Mayor Jackson verified the H-1 setback could be reduced to one foot for
downtown.
Councilmember Buttery stated Barber and Ross has been a good neighbor
and hopefully will be a neighbor for the foreseeable future. However, he does not
see an overriding benefit to the rezoning.
Councilmember Kramer stated the town appreciates Barber & Ross's presence
in Leesburg; but the timing is not right for the rezoning.
Town Council work session minutes for October 27,2003
Page 5
Mayor Umstattd stated it appears there is not Council support for this
rezoning.
Bob Noe summarized that staff was instructed to work out a way to keep
Barber and Ross here and apologized for any misrepresentations that may have
occu rred.
He stated the redevelopment of this property would influence the
redevelopment of the entire town. Therefore, we should strive for the highest and
best us of the property.
4. Tolbert Lane/Sycolin Road/Evergreen Mill Road traffic concerns
follow-up.
Calvin Grow outlined measures to be implemented to increase safety at the
intersections of Tolbert Lane and Evergreen Mill Road, Tolbert Lane and Sycolin
Road, and Sycolin Road and Lawson Road.
He stated engineering studies were conducted at these intersections and only
Lawson Road and Sycolin Road sufficiently warranted a traffic signal. The other
locations (Evergreen Mill Road and Tolbert Lane, Sycolin Road and Tolbert Lane) will
warrant a traffic signal in several years.
Also, recommended is a decrease of the speed limit on Sycolin Road from 45
mph to 35 mph and moving a fence back on Sycolin Road at Tolbert Lane to improve
the driver's sight distance.
Mr. Grow added that the early phase of Sycolin Road improvements to install
a left turn lane on Sycolin Road at Lawson Road should proceed as planned for
completion by summer 2004, and the installation of a right turn lane on Tolbert Lane
at Sycolin road should proceed as soon as funding is available.
Mayor Umstattd verified the town has not yet acquired the right-of-way to
widen Rt. 621.
Calvin Grow added the Oaklawn at Stratford developers would fund 15% of
the Evergreen Mill Road and Tolbert Lane traffic signal.
Councilmember Schmidt verified the cost of the Evergreen Mill Road and
Tolbert Lane signal would be $100,000. Further, he suggested using police or
possibly the support team at peak times to help manage traffic.
Chief Price stated that would incur overtime or the redirection of resources.
He added that Lawson Road at Sycolin Road and Tolbert Lane at Sycolin Road are
the critical areas.
Councilmember Martinez expressed concern for the safety of police officers
during traffic control procedures. He asked if Loudoun County could help bear the
burden for road improvements in these areas?
Calvin Grow stated the only funding we receive from the county is the gas tax
monies.
Town Council work session minutes for October 27,2003
Page 6
There was further discussion concerning the increase in the number of
student drivers in coming years from Heritage High School.
Councilmember Zoldos suggested asking the sheriff's department for
assistance in traffic control at the high school.
Councilmember Buttery suggested advancing the date for the proposed traffic
signal at Evergreen Mill Road and Tolbert Lane.
It was the consensus of Council to forward a resolution to Loudoun County
and the school board asking for funding assistance with these southeast Leesburg
traffic problems.
Mayor Umstattd asked if we could amend the bond resolution to include traffic
lights.
Bill Donnelly stated it would require an additional public hearing.
5. Sewer extension/BLA - Graydon Manor
Bob Noe advised that Graydon Manor has been advised of our policy and his
request would require a Boundary Line Adjustment (BLA).
Councilmember Martinez commented on his recent visit to Graydon Manor
and suggested that Council arrange a tour of the facility.
6. Balch Library roof leak
Councilmember Schmidt expressed concern with a recent roof leak at Balch
Library and whether our liability insurance can be of assistance in the matter.
Nicole Ard stated the costs have been determined to be $400 for the
dehumidifier in the special collections room and an additional $1,700 in the
basement area.
She stated we are insured for the water damage but emphasized no
collections have been damaged.
Tom Mason added that sooner or later all roofs of this size will leak.
Bill Donnelly clarified that the brick on the walls of the existing historic
building caused the water damage. This was a result of a grant condition not to put
sealant to preserve the aesthetic appearance of the brick. He suggested contacting
the grantors for reconsideration of use of a sealant.
Tom Mason stated that once a determination is made as to what needs to be
repaired, we would put the job out to bid, if necessary.
Mayor Umstattd stated that if we could find a loophole in the grant, we should
seal the brick.
7. Town Manager sign off on purchase card expenditures and other
expense reports
Town Council work session minutes for October 27,2003
Page 7
Councilmember Schmidt stated the Town Manager should expand his review
of expenditures for those individuals that report directly to him and ensure that this
procedure is followed by supervisors at all levels.
Councilmember Zoldos and Buttery concurred.
8. Water Pollution Control Facility expansion - Engineering Services
contract
Bob Noe asked that this item be deferred until the next work session.
9. Preview items for November 10, 2003 work session
a. Legislative Agenda for the 2004 General Assembly
Mayor Umstattd asked if it would be the desire of Council to have dinner
for the legislative delegation?
Council concurred to do so.
10. New Business
Councilmember Schmidt asked staff to be sure the Council resolution
endorsing the widening of Rt. 66 has been sent to the Governor and Congressman
Frank Wolf.
Councilmember Martinez stated he and Councilmember Buttery might not be
at tomorrow night's meeting for the vote on the Town Attorney's contract.
Councilmember Zoldos stated that he was contacted by Rich Vaaler to say
that the old church property on Wirt Street is available for lease.
Mayor Umstattd stated we could ask Mr. Vaaler to come in to speak to Council
about the property.
Councilmember Schmidt asked staff to return with a report on Westpark and
alternative park and ride sites.
Council discussed Westpark and alternative sites that may be used.
Councilmember Zoldos stated the county should commit to a permanent site
rather than an interim site like Westpark. He stated consideration should be given to
golf parking and the Tuscarora Creek condos.
Bob Noe added that the town's position on the Westpark site has been
consistent and has not been heard by the County.
Mr. Noe provided a new scope of work for the PBGH purchase card proposal,
which included interviewing up to five individuals and 15 transactions for testing. He
added this is a substantial reduction over the previous proposal.
Councilmember Martinez questioned how the five individual employees for
interview would be selected?
Mr. Noe stated that would be determined by additional discussion with the
auditor.
Town Council work session minutes for October 27,2003
Page 8
Councilmember Zoldos stated he wanted a comprehensive review, which
could be done by any certified public accountant.
Councilmember Buttery stated he thinks this proposal is a good starting point.
On a motion by Councilmember Zoldos, seconded by Councilmember Kramer,
the meeting adjourned at 10:47 p.m.
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