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HomeMy Public PortalAbout2004_03_08Council Work Session March 8, 2004 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: Councilmembers Martinez and Kramer left early. 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 Planning, Zoning and Development Susan Swift, Chief of Police 3oe Price, Interim Airport Director Cindi Martin, Interim Finance Director George Shelley, Deputy Director of Finance Gerry Clemente, Chief of Engineering Paul Gauthier, Capital Projects Manager Nagi Elsewassi, Planner Nancy Kitchens, Planner Chris Murphy, Zoning Administrator Brian Boucher, Traffic Engineer Calvin Grow, Management/Budget Officer Mike Freda, and Clerk of Council Judy Ahalt. AGENDA ITEMS Agenda for Council Meeting of March 9, 2004 a. Approving Special Exception #SE-2003-06, Costco Tire Center, 1300 Edwards Ferry Road NE, to permit a four-bay automobile tire installation service center. Councilmember Martinez recused himself from discussion on this application. Planner Chris Murphy outlined this application. He stated a new condition has been added to allow flexibility in the modification of the landscape buffer in order to incorporate an earthen berm. Mr. Murphy added the berm would be approved through the site plan process. Further, he stated staff is recommending conditional approval of this special exception. b. Considering Special Exception #SE-2002-07, Star Pontiac, Buick & GMC, 326 E. Market Street. Zoning Administrator Brian Boucher outlined this special exception application. Mr. Boucher stated Paul Gauthier would be addressing the engineering issues and their recommendation for disapproval. Mr. Boucher provided a comparison chart of staff recommendations and the applicant's proposal. He stated they have reached agreement on Condition No. I - No Waivers and Condition No. 5 - Storm water Management; Conditions 2, 3, and 4 have been deleted; both parties agree on Condition No. 6 - B.A.R. review. Staff is Town Council work session minutes for March 8, 2004 page 2 suggesting that Condition No. 7 - Hours of Operation - be amended to have a closing of 9:30 p.m. He stated one issue of disagreement is Condition No. 8 - No Outside Speakers. The applicant is proposing two outside speakers on the front of the sales and service building. Staff and the applicant are in agreement with Condition No. 9 - Deliveries and Condition No. 10 - Substantial Conformance. Mr. Boucher addressed the issues related to Condition No. :[1 - Landscape Buffer on the Northern Property Line. He stated the language of the conditions should reflect what is shown on the special exception plat. He recommended the removal of the Zoning Administrator's responsibility to enforce private agreements relating to the buffer yard plantings on the resident's property, removal of the fence in the swale, and show placement of the three canopy trees. He stated that staff is recommending denial based upon the entrance relocation and easements in buffer area. Chief of Plan Review Paul Gauthier addressed the issue of the entrance relocation. He stated the primary issue remaining is the applicant choosing not to relocate the entrance into the property. He added the town has suspended work on the E. Market Street road improvements in front of the site and offered to relocate the entrance at the town's expense. Staff thinks it is extremely important to align entrances on East Market Street because of the conflict created when entrances are not aligned. Since the applicant is unwilling to relocate the entrance, the Engineering and Public Works department is recommending denial of this special exception application. Bob Sevila spoke on behalf of the applicant. Mr. Sevila stated by his calculation the only outstanding issue is the outside loudspeakers. The applicant will agree to staff language on storm water management, impose a condition of 9:30 p.m. for lighting and sales 9 a.m. to 9 p.m., service 7 a.m. to 6 p.m. and Saturday service from 7 a.m. to I p.m. Further, they will go ahead and determine the type of canopy trees for the Bishop property. With reference to the relocation of the utility easements, it would cause considerable expense to the applicant. Further, he stated relocation should only be required on a new application. Mr. Sevila contended the relocation of the entrance would cause alignment with the Hyundai dealership entrance across the street, thereby causing more conflict. Further, if the dealership across the street expands their entrance would likely move because of buffer requirements. He provided a traffic study showing projections for the next 20 years. He added the Director of Engineering and Public Works has stated that the present entrance would not be any more dangerous. Town Council work session minutes for March 8, 2004 Page 3 Further, he added no other driveways on East Market Street have been realigned during the widening process. Mr. Sevila verified the B.A.R. would review the building appearance. Councilmember Schmidt asked that the building addition be compatible with the color and material at Dodona Manor and the traditional features of the historic district. Mr. Sevila stated the H-2 District Guidelines along with the B.A.R. review should provide sufficient restrictions. Councilmember Buttery expressed concern with the outside speakers. Councilmember Kramer added this part of town should grow in the right direction. She stated the style should be modified so that the building is not dominant in the entryway to this part of town. Brian Boucher verified the pole sign at the Pontiac dealership would likely survive if the entrance were realigned. Further, if the utility contractors need access to the easements, the trees would have to be removed. Mayor Umstattd stated realignment makes a lot of sense. She added the B.A.R. would do an adequate job to make the building look appropriate. Further, she is impressed with total support by the neighborhood. Mr. Sevila added the applicant would attempt to address the concerns of Councilmembers Kramer and Buttery. B. App roving amendments to the FY 2004 Budget and making appropriations for the fiscal year ending 3une 30, 2004. Mike Freda provided new information on Item 13 -Design and Replacement of the HVAC System - in the FY-2004 Budget requests. He stated the FAA will provide $250,000 in funding toward this project and is requesting an adjustment to the lease to recover this contribution to the project. He recommended approval of this project as presented as there is a requested adjustment to recover the FAA contribution to this project. Councilmember $chmidt asked to add $10,000 for the Bluemont Concert Series. Councilmember Zoldos commented the HVAC system at the airport terminal building needs to be replaced. Further, he asked for a breakdown on the $78,000 for parking improvements. Mike Freda stated the $78,000 would be used for improved signage in the parking garage and Liberty Street parking lot improvements. Councilmember Buttery asked what the $40,000 for Dry Mill Road Drainage :Improvements would cover? Town Council work session minutes for March 8, 2004 Page 4 Nagi Elsewassi stated the funding would cover a topographical survey and comprehensive analysis of why the flooding is occurring. Councilmember Buttery asked that the traffic-calming item be placed in the general budget for the upcoming fiscal year. Councilmember Kramer was in agreement to add funding for the Bluemont Concert Series. Vice Mayor Jackson stated Bluemont Concert Series is normally funded only in the annual budget. Mayor Umstattd stated Councilmember Martinez has voiced support for the Union Cemetery funding. She stated she too would support the Union Cemetery storm drainage connection funding. 2. Wilson/Pershing Avenue Tmprovements Project - possible condemnation. Nagi Elsewaissi gave a recommendation to initiate the condemnation process to obtain the remaining temporary grading and construction easements necessary to construct the Wilson/Pershing Avenue Improvement Project. Vice Mayor Jackson, Councilmembers Schmidt and Zoldos agreed the town should move forward to obtain these easements, Town Attorney Bill Donnelly stated condemnation would have to be authorized by the Council and further explained how the process works. Councilmember Kramer expressed support of proceeding with condemnation. Mayor Umstattd she could not support condemnation. Vice Mayor Jackson commented on a study that identified basements and yards in Leesburg that have flooding problems. Nagi Elsewaissi stated 20 locations have been identified. Councilmember Zoldos verified that 27 grading permits are remaining to be obtained, 11 of those are on Wilson Avenue and 16 on Pershing Avenue. 3. Parking Garage policy on issuance of parking passes Tnterim Finance Director George Shelley explained that the town currently issues parking passes to individuals and landlords, who purchase multiple passes and issue to their tenants. He added currently the town has a waiting list for parking passes. When an individual surrenders his pass it reverts back to the town. When tenants leave the pass reverts to the landlord. If the landlord no longer requires the parking space it is turned over to the town. Town Council work session minutes for March 8, 2004 Paqe 5 Steve Stockman addressed Council. Mr. Stockman stated he is a landlord who had a long-term tenant who actually purchased the parking passes for his company. He stated he was not aware of the town's policy, he thought the parking passes remained with the building. Mr. Stockman stated the fact that the town has a waiting list reveals they are not charging enough for the spaces. Councilmember Schmidt agreed the parking rates should be raised. Councilmember Zoldos asked if business owners have been provided a copy of the town's policy on the parking garage? Gerry Clemente stated to his knowledge they have not. Councilmember Zoldos asked the Town Manager to send a copy of the town's policy on parking garage spaces to all business owners. 4. Loudoun County Referral - Outer Beltway - Western Transportation Corridor - Public Hearing March :L5~ 2004 Susan Swift stated Maryland and Virginia have studied the possibility of a western bypass since 1987. However, the State of Maryland is no longer supporting a western bypass. The Loudoun County Planning Commission will hold a public hearing to reinstate the Western Transportation Corridor into their Comprehensive Plan. Ms. Swift stated the Town Plan shows an Alternate W-2 alignment; commonly referred to as the power line alignment. Further, the Town Plan states that any alignment should minimize a negative impact on Rt. 7. She suggested town staff attend the public hearing to voice their opinion. Further, she stated staff needs additional time to research the studies and how they will affect the town. She added VDOT has not completed their environmental study. Mayor Umstattd stated the power line route crosses the Potomac River into Montgomery County and is east of Leesburg and west of Goose Creek. Councilmember Schmidt stated he does not support staff's recommendation as he would like to see the western bypass back on the map. Councilmember Zoldos and Vice Mayor Jackson suggested that Council ask the Loudoun County Board of Supervisors to defer any decision until the town has an opportunity to analyze the impact on Rt. 7. Councilmember Buttery stated he has a major concern with an alignment that would end on Rt. 7. Further, he stated a previous alignment endorsed by the town would end east of Goose Creek. Susan Swift stated Montgomery County has taken the crossing out of their plan so any plan would not cross the river. Town Council work session minutes for March 8, 2004 Page 6 Bob Noe stated there is much support for a Western Bypass. He added he would like to the town and county in agreement and proposed a joint committee with the Loudoun County Board of Supervisors to discuss the issue. Mayor Umstattd stated the previous alignment east of Goose Creek was better than what is now proposed. The current proposal endorsed by Council had a restriction for a limited access parkway. She added a better map would be helpful and also supported a joint town/county meeting to discuss the issue. Further, the Mayor suggested the county defer action on this proposal. Sandy Kane addressed Council stating a bypass ending on Rt. 7 in the proximity of Battlefield Parkway would be a disaster. 5. Proposed County Plan Amendment - Active and Passive use in RSCOD Environmental Advisory Commission member Gem Bingol presented this item to Council. She stated the Watershed Committee of the EAC would like to forward a recommendation to Loudoun County. She stated the county proposal to allow active recreation in a floodplain is in conflict with water quality and floodplain protection regulations. Further, the EAC would recommend the town and county work proactively and cooperatively to improve local water quality and accomplish their commitment to the Chesapeake Bay Preservation Act. Planning Director Susan Swift stated the planning staff is preparing a report on the proposed River and Stream Corridor Overlay District (RSCOD). She stated Council adopted a River Creek Valley Buffer Overlay under the previous county plan. Further, staff would prefer to keep the substance in the plan as is. Councilmember Schmidt stated he would not support a total ban on recreation in the floodplain, as there should be some flexibility. Councilmember Zoldos stated he would support some flexibility in the current policy, however nothing that would cause an adverse impact. Council discussed whether a recommendation to the Board of Supervisors would come directly from the EAC or Council. It was decided that any recommendation would come from Council. The Environmental Advisory Commission and Parks and Recreation Commission would hold a joint meeting on this issue and provide a more in-depth presentation to Council on March 22 with a possible recommendation to forward to the Loudoun County Board of Supervisors for their March 23 meeting. Mayor Umstattd stated Council could consider an item of new business at tomorrow night's meeting to ask Loudoun County to defer this plan amendment until a later date. Town Council work session minutes for March 8, 2004 Page 6. Virginia Department of Transportation addition of certain streets for maintenance payments. Calvin Grow outlined the proposal for certain new streets eligible for maintenance payments from VDOT. He stated the list of new streets must be submitted to VDOT by April 1. The additional streets will amount to $82,000 in increased maintenance funds. 7. Selection of a dedication date for the airport terminal. It was the consensus of Council to hold the new airport terminal dedication ceremony on May 8, 2004. Further, it was noted that the local chapter of the Commemorative Air Force would be hosting their annual charity hanger dance on the same day at 6 pm. Preview items for March 22, 2004 work session a. Leesburg Central TLZM-2003-06 No discussion Recognition of Leesburg Crossroads, Tnt. as the official main street organization for Leesburg No discussion c. FY-2005 Town Manager's Proposed Budget No discussion New Business Bob Noe asked Council if they have considered the proposal from Pat Summerall's Champion of Industry 300 Award program. He explained that Leesburg is under consideration as one of the finalists in the State of Virginia. If selected two video segments will be aired on CNN highlighting the town as well as recognition in Forbes magazine. Further, the town's portion of the production expenses is $24,000. Mr. Noe stated it is the opinion of the Economic Development Director not to support this. He added the international Association of City Managers is skeptical. After discussion, Council determined they would favor not proceeding with this process. Councilmember Schmidt asked staff to return with a report on the status of the water leak at Balch Library. On a motion by Councilmember Buttery, seconded by IVlayor Umstattd, the meeting adjourned at 9:51 p.m. of Council 2004_tcwsmin0308