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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