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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. ~/.l M inutes/2003_tcwsmin 1027