HomeMy Public PortalAbout2003_12_08
Council Work Session
December 8, 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 Kathy
Leidich, Director of Engineering and Public Works Tom Mason, Director of Economic
Development Betsy Fields, Director of Planning, Zoning and Development Susan
Swift, Interim Airport Director Cindi Martin, Zoning Administrator Brian Boucher,
Traffic Engineer Calvin Grow, Budget Officer Mike Freda, Management Intern
Alexandra Shabelski, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
1. Agenda for Council Meeting of December 9, 2003.
a. SE-2003-05 - Loudoun Motor Sports - Public Hearing
Brian Boucher outli ned this special exception appl ication to permit motor
vehicle sales and a service facility at 212 Catoctin Circle SE.
He stated the Planning Commission has recommended conditional
approval. Further, the applicant has agreed to amend condition No.2, which
requires landscaping prior to issuance of occupancy permit rather than zoning
permit.
Councilmember Schmidt asked if the applicant is remodeling the current
building?
Mr. Boucher stated that only interior remodeling would be done which will
require a zoning permit.
b. Traffic calming at Deermeadow Place and Meade Drive
Traffic Engineer Calvin Grow stated at Council's request an investigation
was done on the traffic issues at the intersections of Meade Drive with
Lawnhill Court, Fairfield Way, Hague Drive and Deermeadow Place.
He stated all-way stops do not meet the warrants of the Manual on
Uniform Traffic Control Devices. Therefore, staff is recommending painted
parking lines on both sides of Meade Drive from South King Street to Moore
Place.
He added that the Leesburg Standing Residential Traffic Committee
supports the installation of all-way stops at the intersections of Meade with
Lawnhill Court, Fairfield Way and Hague Drive. The committee also will work
with the Greenway Farms residents regarding the appropriate area to be
canvassed for the $200 add-on speeding penalty.
Town Council Work Session Minutes for December 8. 2003
Page 2
The traffic circle request from Deermeadow Place and Meade Drive will
return to Council as a budget request for the traffic committee.
Vice-Mayor Jackson stated that the Woodlea Manor Homeowners
Association does not support a stop sign at Hague and Meade Drive.
Councilmember Schmidt stated that since the Woodlea Board does not
support this issue, he would ask to remove the stop sign at Hague Drive from
consideration.
Mr. DeMonte with the Greenway Farms Homeowner's Association
addressed Council stating the majority of his neighborhood wants the
additional stop signs on Meade Drive.
c. Making an appointment to the Cable Television Advisory
Commission
Councilmember Buttery stated that he is recommending the appointment
of Steven Hauptman to the Cable Television Advisory Commission at
tomorrow night's meeting.
2. Proposed School Site - Loudoun County School Board/Sam Adamo
Mr. Adamo reported the county has selected the Cangiano tract as a proposed
school site and asked support from the town. He stated the property is located
outside the town limits, which will pose some challenges.
Mr. Adamo stated the site would require an extension of Kincaid Boulevard.
Further, he provided Council with a site map of the proposed site and a planning
zone summary for Leesburg schools. He added the superintendent of schools has
sent the CIP to the Loudoun County Board of Supervisors. The county is projecting a
Fall 2005 opening of an elementary school on this site.
Councilmember Schmidt asked whether the county would commit to the road
infrastructure since another school in southeast would contribute to the already
difficult traffic problems?
Mr. Adamo stated they would work with town staff to address these issues.
Councilmember Martinez also expressed concern with the related
transportation issues of this site.
Councilmember Zoldos had concerns with ingress/egress at the site and the
impact of stadium lighting on the Leesburg Executive Airport.
Councilmember Buttery stated he is looking forward to working with the
county and had concerns with transportation, redistricting and the balancing of
school locations throughout the town.
Councilmember Kramer stated that traffic issues are a high priority.
Councilmember Buttery verified that the site is also being used to locate a
high school, which will open approximately Fall 2008.
Mayor Umstattd thanked Mr. Adamo for working with the town.
Town Council Work Session Minutes for December 8. 2003
Page 3
3. FBO fees and lease agreement for Blue Sky Aviation
Interim Airport Director, Cindi Martin stated she and the town attorney met
with Blue Sky Aviation to discuss the FBO fee discrepancies. She reported that Mr.
Peters offered to pay the outstanding fees in order to remove an obstacle to his
company obtaining a formal lease. Town staff declined the check until the town
attorney could verify that the fees had been calculated in accordance with the Town
Code.
Councilmember Zoldos asked how staff plans to proceed with the new lease?
Ms. Martin stated that Blue Sky would continue operating as usual until the
FBO fee issue is resolved and then a new lease will be negotiated.
Council member Zoldos questioned whether current tenants would be
guaranteed a space at the new terminal facility?
Town Attorney Bill Donnelly stated it has not been determined whether
current fixed base operators will have the right of refusal or preference; therefore,
we will look at all prospective tenants. Unless there is a FAA law that would give an
incumbent preference, we will look at long-term leases. If longer than five years, we
have to go through the public bidding process. We will give the incumbents every
consideration.
Councilmember Zoldos stated Manassas has a longer term than five years
without going through the bid process.
Mr. Donnelly stated prior leases were granted for 4 years and 11 months to
avoid the 5-year requirement.
Mark Peters, Blue Sky Aviation, addressed Council. Mr. Peters stated that
they have been at the airport for 11 years and always received FBO renewal fee
application form and returned it with associated fees. In the history of Leesburg
Airport there has never been enforcement of the code. They and other companies at
the airport have always paid on gross profits rather than receipts.
Councilmember Schmidt asked the Town Manager to look into whether there
has been selective enforcement of fees.
The Mayor stated that possibly other companies are in arrears.
Bill Donnelly stated that we are looking at the FBO fees for Piedmont
Hawthorn to see if they have been paying on gross profits.
He stated the ordinance is clear that it should be paid on gross revenue.
Ms. Martin stated they have done a complete audit and Piedmont Hawthorn
and Blue Sky Aviation are the only two FBO's not in compliance with the code.
Bill Donnelly stated there is a question as to whether the fees should be
prorated as they sell planes in other states and whether BPOL fees should be
collected.
Town Council Work Session Minutes for December 8. 2003
Paqe 4
Councilmember Kramer asked that other general aviation airports be polled to
see how they are handling these issues.
Bob Noe introduced the Interim Finance Director, George Shelley.
4. CDBG Projects
David Fuller provided Council a preliminary list of potential Community
Development Block Grant (CDBG) projects, which must be delivered to the county by
the end of the year.
Mr. Fuller stated that the Planning Commission would like to expand the list to
include an adult education program at Shenandoah University, an emergency shelter
and transitional housing for the homeless, home repair for the elderly, partnering
with Habitat for Humanity and Monroe Vocational School to building housing, and the
Christmas in April program.
Councilmember Schmidt suggested condensing the list.
Mr. Fuller stated the county only needs a preliminary list; the final list will be
condensed with priorities. He stated the CDBG only wants the entitled community to
meet the broad goals and objectives; HUD doesn't care how we spend the money.
Councilmember Martinez asked to add the northern trail loop and pedestrian
bridge connection to Veteran's Park.
Council member Zoldos ask if there are matching funds needed once a project
is accepted?
Mr. Fuller stated that once a project is accepted and put on an action plan, an
application has to be submitted for funds. Part of that application is for the town to
say how much money they will be putting up, probably a 10% match.
Councilmember Zoldos added a parking garage to the list.
Council further discussed the complexity of the process.
Councilmember Kramer suggested adding West Market Street sidewalks.
David Fuller stated projects on the list need to include how they will benefit
citizens.
The Mayor suggested recreational facilities for Edwards Ferry Road
neighborhoods and issues with minority groups to receive English as a Second
Language.
Susan Swift further explained the CBDG process stating that since Loudoun
County is the entitlement community, it would be up to them to decide on the
amount of funding.
5. Community Enhancement Team
Nicole Ard addressed Council discussing the challenges in communities, such
as quality of life issues, changing demographics, neighborhood life cycles, public
participation and demands for high quality service delivery.
Town Council Work Session Minutes for December 8. 2003
Page 5
She recommended establishing a Community Enhancement Team. Their goals
would include: (1) quality of life issues, (2) pursuing coordinated action when
necessary, (3) clearing violations quickly, (4) improving neighborhood conditions, (5)
improving responses to concerned citizens, (6) developing and distributing zoning
information for citizens and homeowners associations, (7) improving communication
with citizens and associations, and (8) identifying and coordinating programs that
will improve neighborhood and quality of life throughout the town.
Mayor Umstattd expressed concern with rating neighborhoods and the affect
it may have on home values.
Mr. Noe stated the team would only use a disciplinary approach.
Councilmember Zoldos had concerns with the impact on town staff and
associated costs.
Ms. Ard assured Council member Zoldos the process is only a proactive
outreach process.
Councilmember Martinez stated he believes this concept is a confirmation of
the town's vision statement.
Councilmember Kramer stated an outreach program would benefit the entire
town.
Councilmember Buttery stated his agreement with the concept.
Mayor Umstattd stated she would not want the citizens to feel we are telling
them what to do; only an offering of services they may desire.
6. Loudoun Street Addition
Bob Noe advised Council that the architectural drawing provided tonight is a
preview of what is under consideration by the Board of Architectural Review.
Nicole Ard stated greater detail has been incorporated into the brick with a
focus on the storefront concept. Further, the doorway near the log cabin has been
recessed and the sidewalk widened to encourage pedestrian traffic.
It was the consensus of Council that the architectural rendering has greatly
improved toward what they had envisioned.
7. Wirt Street Property - Rich Vaaler
Mr. Vaaler spoke to Council with reference to the space available at 218 Wirt
Street. He stated the key is how much space the town needs, adding the building has
9,500 square feet of space.
He stated as a citizen of Leesburg he has concerns with the addition of space
without adding parking.
Councilmember Schmidt verified the asking price of the property is
$3,350,000.
Council thanked Mr. Vaaler for his update on the property.
Town Council Work Session Minutes for December 8, 2003
Page 6
8. Adopting a committee process for the Town Council
Councilmember Zoldos proposed that Council adopt a committee system. He
stated that committees would allow for more focus on issues and suggested those
committees meet at 7:30 p.m.
Councilmember Schmidt stated he does not have a perspective on the
committee system but would prefer to have the opportunity to look at all issues.
Councilmember Martinez agreed and stated he would not want to make a
change six months prior to an election.
Councilmember Buttery stated he was on Council when it operated under the
old committee system. He stated he does not have a strong opinion one way or
another, but would like to find a way to address issues so that citizens and staff are
not here so late.
Mayor Umstattd stated she prefers to stay with the current system. She
stated this system allows staff more time to adequately prepare for meetings and
have a free week. She stated that she is concerned with making citizens wait and
she would expedite discussion on their issue if asked to do so.
9. Business Friendly - Councilmember Zoldos
Council member Zoldos asked to defer discussion of this item until the January
meeting. He stated business friendly ideal centers around expectations of town
government that any businessperson can have readily available and fairly applied
and which identifies cost factors to do business in Leesburg. He stated he would
have further suggestions in January.
Councilmember Martinez asked the ratio of complaints per business
applications on how tough it is to do business here. He stated some appreciate what
staff is doing. Further, he asked where the complaints coming from and in what
areas is the town not business friendly.
Councilmember Kramer stated there are probably issues we don't
appropriately address and hurdles not anticipated by businesses.
She suggested that Council define a business friendly policy for staff to carry
out. She added it is not her desire to micromanage staff.
Mayor Umstattd agreed with Councilmember Kramer and Mr. Noe that Council
needs to make this a policy that would apply to all businesses.
10. United Methodist Parking lot
Councilmember Buttery recused himself from discussion on this item.
Kathy Leidich addressed Council regarding the lot adjacent to Jock's Exxon
that has been offered to the town for temporary employee parking.
She stated staff looked at the offer and came to the conclusion that a long-
term solution would be more appropriate with the possible improvement the Liberty
Street lot.
Town Council Work Session Minutes for December 8. 2003
Page 7
Councilmember Schmidt suggested a discussion on the parking study
recom mendation.
Bob Noe stated that pool cars have been moved to the Liberty Street parking
lot and that employees are now parking on the south side of the top level of the
garage. He added we would be better advised to improve our own property than to
lease space.
Councilmember Zoldos asked when all employees would be moved to Liberty
Street?
Mr. Noe stated he doesn't perceive the need at this time.
Councilmember Zoldos stated we have a distribution problem within the
garage.
Mike Freda stated that vehicle counts in the garage show that it is 75% full on
average.
Mr. Noe stated staff could work on enforcement and take corrective action
when necessary.
Mayor Umstattd suggested possible free permit parking on Liberty Street.
Vice Mayor Jackson stated there is not enough parking on Liberty Street for
employees.
Councilmember Kramer stated we should look at enforcement in the garage.
The Mayor asked that Council be provided a report on the rules in place for
managing the garage.
It was the consensus to spend funds on improvements at Liberty Street
rather that pursuing the option to move employee parking to the church lot.
11. Response to Roger Zurn for financial services
Bob Noe referenced Loudoun County Treasurer, Roger Zurn's; offer to assist
the town with cash management. He stated he has discussed this issue with the
Interim Finance Director, George Shelley, and he will be meeting with Mr. Zurn.
He stated the Davenport Study is not yet completed and will be presented to
Council in the near future.
12. Consideration of January 2, 2004 closing
Mr. Noe stated the town generally follows the county closings.
It was the consensus of Council to grant January 2 as an additional holiday.
13. Preview items for January 13, 2003 work session
None
Town Council Work Session Minutes for December 8. 2003
Page 8
New business
a. Town Code
Councilmember Martinez discussed several discrepancies in the Town
Code including the Cable Commission membership requirement for three
Adelphia appointees. He suggested that each commission look at their
section of the code and offer suggestions. Further, he asked that staff follow
up to incorporate code amendments into the Town Code.
Councilmember Buttery agreed. He stated the prior system had cable
franchise appointees and asked for a breakdown of appointees prior to
tomorrow night's meeting.
Councilmember Zoldos directed the town manager to oversee a
comprehensive review of the Town Code.
b. Policies for scheduling Council items
Councilmember Schmidt discussed the rules and practices Council has
agreed to with reference to scheduling agenda items. He stated we have
slipped in recent meetings by moving agenda items the same night as
presented and gave the Meade Drive traffic issues as an example.
The Mayor stated her understanding is that if discussed at a work session
we could move forward for a vote the next night. The requirement for a
suspension of the rules would apply if the issue were raised for the first time
at a council meeting for a vote. She stated the Meade Drive issues were
discussed two weeks ago.
The Mayor stated she would not want to build a delay into the system, as
some issues need faster treatment. She added the Meade Drive issue could
be delayed until Councilmember Schmidt returns.
She stated some Council members have requested that items be
discussed at work session and voted upon the subsequent night.
Bob Noe stated the adopted procedures require items to be previewed;
two weeks later discussed at a work session, and two weeks later for a vote.
It has been changed at the request of a Council member. He added on rare
occasion he has moved things up when necessary, but Council should have
policy to be followed.
Councilmember Schmidt stated this is shutting the public out of the
process. He stated the delay is needed to get enough input, especially on a
controversial topic. He added not all of the Greenway residents were aware of
the Meade Drive issue.
Councilmember Martinez stated we did get citizen input on the Meade
Drive traffic issue, but concurred with Councilmember Schmidt's statement
that Council should wait until the next meeting to vote.
The Mayor stated Council members should have the option be able to
bring an issue forward, adding Council does take the time to hear all sides on
controversial issues. She stated a motion to defer the Meade Drive issue
could be brought forward tomorrow night.
Town Council Work Session Minutes for December 8. 2003
Page 9
c. Fire Agreement/BLA
Bob Noe stated the town has been negotiating with the county for several
months. The county is currently preparing the documents and the town still
has some issues with several items.
Mr. Donnelly expressed concerned with the sharing of revenues and what
will happen if the BLA is not approved by the court. He suggested approving
an agreement that leaves open the possibility that we could proceed if the
Court does not approved the BLA.
Councilmember Zoldos stated he does not understand why the school site
contribution is in this agreement, as it has nothing to do with the BLA.
Mr. Noe stated at one of his monthly meetings with the Mayor, Chairman
York and Kirby Bowers; the issue of the remaining school site was discussed
and at that point Chairman York said he would link the $300,000 contribution
to the BLA. He stated it had been the town's position that the Reid site
fulfilled the town's obligation; however, sometime during the process the
county determined it did not because that site was considered cheaper than
school sites generally are.
Councilmember Zoldos stated his agreement that the issue needs to be
resolved, but stated the school site issue should be taken out of the BLA
agreement and made into a separate agreement. He stated he is not certain
the town owes the $300,000 based on the student ratio numbers that were
outlined in the AADP agreement.
Mr. Noe stated staff reviewed the AADP agreement in preparation for
annexation discussions and arrived at the conclusion that the town does owe
the county another school site. Further, he stated it is in the town's best
interest to approve this agreement as it is proposed.
It was the consensus of Council to vote on this item at the meeting
tomorrow night with Councilmembers Schmidt and Zoldos asking that the
item be placed on the agenda in January.
The meeting was adjourned at 11:36 p.m.
Clerk of Council
2003_tcwsmin 1208.doc