Loading...
HomeMy Public PortalAbout2004_03_22Council Work Session March 22, 2004 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Coun¢ilmernbers Present: Mervin Jackson, Melinda Kramer, Marty Martinez, David Schmidt, Robert Zoldos and Mayor Umstattd, Councilmernbers Absent: Frank Buttery Staff t4embers 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 Joe Price, Director of Economic Development Betsy Fields, Zoning Administrator Brian Boucher, Tourism Coordinator Marantha Edwards, Capital Projects Manager Nagi Elsewaissi, Town Arborist .lay Banks, Planner Chris Murphy, and Clerk of Council .ludy Ahalt. AGENDA ITEMS The Mayor adjusted the order of the agenda as follows: 1. Update on Leesburg's Tree Canopy - Councilmember Schmidt Councilmember Schmidt introduced Earl Hower, Chairman of the Tree Commission, as well as other members of the Tree Commission. Mr. Hower discussed the vision, mission and goals of the Tree Commission. Town Arborist Jay Banks provided a report made by the Urban Forest Center, American Trust, Washington, D.C. The report studied the changes in land cover from 1992 to 2001. This report showed a 71 percent reduction of tree cover in Leesburg for that time span. Mr. Hower stated this data is alarming, but not surprising. He suggested some of the tree cover can be recovered by the following: establishing a Leesburg Urban Forestry Management Plan, a Tree Bank funding program, a "No Net Loss of Trees" for Capital Improvement Projects, and incorporating the Urban Forestry Management Plan into the Leesburg Comprehensive Plan. Councilmember Schmidt thanked staff for the presentation stating the need to consider the impact of trees for further discussions at the budget worksessions. Vice Mayor Jackson, Councilmembers Kramer and Martinez thanked staff and the Tree Commission for their report. Councilmember Zoldos thanked the Tree Commission and staff and stated the tree canopy should be replenished and advised the incorporation of the Urban Forestry Management Plan in to the Town Plan. Mayor Umstattd stated she would like to petition the General Assembly for more authority to retain trees, She suggested staff provide proposed language to revise the State Code. Town Council Work Session minutes for March 22, 2004 Paqe 2 2. Union Cemetery's Plan Review Fees Bill Donnelly outlined the request from Union Cemetery to make a gift to defray the plan review fees for its proposed Storm Drainage System. He restated his earlier concern as to whether the cemetery meets the requirement of a charitable institution. Mr. Donnelly stated the cemetery has agreed to bury, for no charge, a deceased individual with no income or family and very limited assets. Further, there is no guarantee that they will continue the practice in the future. He added that the review fees have escalated to $5,853.75. Councilmember Schmidt stated he would be willing to support the higher amount and hopefully this will be the end of donations for this matter. He added the proposed storm drainage system would be beneficial to the town. Mayor Umstattd, Vice Mayor Jackson and Councilmembers Zoldos, Kramer and Martinez stated they would support a gift to the cemetery for the full amount of the review fees. Vice Mayor Jackson stated the flooding of graves at the cemetery is upsetting to the families. 3. Request to amend the Town Code for day care. Susan Swift recommended delaying an amendment to increase the number of children to nine to be cared for in a private home until other amendments are considered in May. She stated currently five children are allowed as a home occupation. The special exception process would allow additional children after consideration of an additional employee, parking and noise issues. She suggested streamlining the process for childcare centers and giving an incentive to locate in business locations. Councilmember Schmidt clarified that more children could be considered in the special exception process. Councilmember Martinez asked how many home-based childcare businesses are in Leesburg? Debra Foster, Loudoun Extension Office- Childcare Network, and Sherry Fawzi addressed Council. Ms. Fawzi spoke in support of raising the number of children from five to nine. She stated she is currently licensed through the state for 12 children. She added state requirements don't require an extra person for 12 children. Mayor Umstattd stated there are currently 45 registered childcare providers in Leesburg. Councilmember Martinez stated 279 children at the Paxton Home would need to find a daycare provider after its closing. Town Council Work Session minutes for March 22, 2004 Paqe 3 Ms. Foster stated the need for childcare in Leesburg is critical. Their organization offers seminars on home childcare businesses. Councilmember Martinez stated the volunteer daycare providers have fewer regulations. Councilmember Zoldos asked the time frame for amending the Zoning Ordinance? Susan Swift stated emergency amendments would be initiated in May with a more comprehensive review in the fall. Councilmember Kramer stated this is a complicated process and suggested a careful review. Ms. Swift stated the state looks at safety issues and the town looks at neighborhood impact and enforces the code. Mayor Umstattd stated most neighbors don't object to nine children but won't want to live next door to a special exception. Ms. Fawzi stated the special exception is transferable with the sale of the residence. Mayor Umstattd asked if Council would support bringing this amendment forward in May? Councilmember Martinez stated he prefers to address the issue now. Councilmember Schmidt stated he would like to have community input into the process. Councilmember Zoldos stated he would like to follow the correct process since this is a significant code change. Vice Mayor .lackson and Councilmember Kramer agreed to follow the process by bringing this item forward in May. Mayor Umstattd stated this amendment would be brought up as part of the emergency amendments in May. 4, Removal of barricades and opening of street connections in Exeter Hills/Edwards Ferry Road and Prince Street Tom Mason gave a chronological background of the street connections in Exeter Hills. He recommended the improvements planned for Catoctin Circle, queen Street, Washington Street, Blue Ridge Avenue and Prince Street be completed before the barricades on Catoctin Circle, queen Street and Washington Street are removed. He added they are currently scheduled to begin road improvements in the fall of 2004 with completion in late Fall 2004 or early Spring 2005. Town Council Work Session minutes for March 22, 2004 Paqe 4 Councilmember Schmidt asked about the current safety conditions on those streets? Tom Mason stated the minimum pavement width is 20 feet with a much increased traffic volume. He added Catoctin Circle is 30 feet wide and has no sidewalk on one side and curb and gutter on one side. Councilmember Zoldos suggested a public hearing before the streets are opened. Mr. Mason stated it would be to their advantage if the streets were to remain closed while the improvements are taking place. Councilmember Zoldos asked that selective traffic enforcement be provided on Prince Street. Mr. Mason added that an intersection analysis is being conducted on Prince Street. Vice Mayor Jackson stated the town would need to acquire the easements for the street improvements project. Lawrence Schonberger, 212 Prince Street, addressed Council. Mr. Schonberger stated traffic calming measures should be put into effect when the barricades were removed. He stated since the removal of the barricades, Prince Street has received the brunt of traffic flowing out of this subdivision creating a dangerous situation. Mr. Schonberger asked that Council hold a public hearing for community input before removal of the remaining barricades. Further, he asked for the implementation of traffic calming measures and that this project is given priority in the CIP. Lynnzee Price, 115 Prince Street, addressed Council. She stated she has been forced into a ditch by vehicles on Prince Street and discussed the unsafe walking conditions. She recommended a stop sign at the intersection of Prince Street and Blue Ridge Drive. GiGi Robinson, 207 Prince Street, addressed Council. Ms. Robinson presented a petition from the citizens of Prince Street asking Council to remove the barriers on all streets in the Lowenbach subdivision in order to better distribute traffic. The residents asked that this action be completed by September 2004. Chuck Jones, 1:L2 Prince Street, addressed Council. Mr. Jones stated he concurs with Mr. Schonberger's comments on safety issues. He asked that public improvements be consistent throughout the town. Further, he recommended that this portion of town not be under designed, as the northeast is a critical part of town. Councilmember Schmidt asked that a hearing be held on the broader issue of barricades in the Lowenbach subdivision. Town Council Work Session minutes for March 22, 2004 Paqe $ Tom Mason stated an analysis would be made of the Blue Ridge Avenue intersection to see if a stop sign is warranted, followed by a recommendation from the Residential Traffic Committee. Vice Mayor Jackson suggested a look at the entire area adding that another stop sign is planned for North Street and Harrison Street. Karen Jones commented that Council should follow Tom Mason's recommendation; review by the Residential Traffic Committee and a recommendation to Council. Councilmember Zoldos asked that the construction schedule for this area be accelerated if possible. Mayor Umstattd asked for a staff report to Council in 30 days, followed by a public hearing on the northeast Leesburg transportation issues. Vice Mayor Jackson stated there are similar hazardous conditions on Sycolin Road. Councilmember Zoldos asked staff to provide a report at the next worksession on a possible accelerated schedule and for Mr. Noe to ask the Police Department to provide selective enforcement on Prince Street. 5. Town I~lanager Process Dona Wolf discussed the proposed process for the recruitment of a town manager. She stated the advertisement is now in the Leesburg Today and four major publications. Ms. Wolf stated that Council would need to decide how they want to proceed over the next few weeks. She added that Mr. Robert O'Neal, former County Executive from Fairfax and now Executive Director of the :International City/County Manager's Association, will be here tomorrow night to discuss planning options that Council may wish to consider. Mayor Umstattd stated Ms. Wolf is qualified to sort the resumes. Ms. Wolf stated she would need guidance on how to proceed with the final process. Mayor Umstattd stated all Councilmembers or a committee of Council would have access to the applications. Ms. Wolf suggested narrowing the applicants to 10 or 15 by phone with 5 or 6 individual interviews. She stated confidentiality would be of the utmost importance. Councilmember Schmidt thanked Ms. Wolf for the excellent job laying out the process and agreed that Ms. Wolf could sort the applications. He stated the importance of the new Council's involvement in the selection process and a Council committee to review the applications. Councilmember Martinez was in agreement with Councilmember Schmidt. Town Council Work Session minutes for March 22, 2004 Paqe 6 Councilmember Zoldos stated he would not favor hiring an outside firm to assist in the recruitment. He supported Ms. Wolf sorting the applications, however, cannot support telephone interviews. He added Council should interview the top five candidates and suggested a 20-day overlap of managers. Vice Mayor Jackson stated support for Ms. Wolf reviewing the applications. Councilmember Kramer stated total confidentiality is very important and suggested processing in house as much as possible. Mayor Umstattd was in agreement and stated she did not wish to have outside consultants. Ms. Wolf stated she would open the applications and no database would be kept with applicant names. Councilmember Schmidt reemphasized the importance of ensuring confidentiality. Agenda for Council Meeting of March 23, 2004 a. TLZM-2003-06 - Leesburg Central - Public Hearing Chris Murphy outlined this rezoning application for Leesburg Central, a property on the east side of Harrison Street between Loudoun Street and Royal Street. The applicant is requesting to rezone the property from R-HD to B-1 and proposes 22,297 square feet of office space. Mr. Murphy pointed out that staff is requesting the applicant proffer off- site traffic improvements for the entire site in accordance with the guidelines set forth in the Town Plan. Currently the applicant is only proffering $20,000 for offsite transportation improvements. He stated that the Planning Commission recommended conditional approval. Vice-Mayor Jackson stated he appreciates the Board of Architectural Review requirement that the Bishop house be left in place. Mr. James Turner, the applicant, addressed Council. Mr. Turner stated only a small portion of the site is being rezoned. He asked that Council consider accepting the lesser pro-rata. He would be able to build a better project if he were not required to provide the additional $47,000. 7. Oaklawn Update - Keane Enterprises Brian Cullen, Keane Enterprises, addressed Council with an update on the Oaklawn project. He stated they are working on efforts to improve regional transportation. He stated plans have been submitted for Greenway Ramp D/D-l, Ramp A and Tolbert Lane improvements. They also proposed to build the full intersection of Sycolin/Battlefield as part of Phase ~[. Mr. Cullen stated these much needed improvements are being accelerated and will enhance public safety, result in a cost savings to the town, and a more Town Council Work Session minutes for March 22, 2004 Paqe ? sensible construction phasing that will only disrupt the public once. He added the Sycolin/Battlefield intersection would open after the connections to the Greenway are completed. He added they are exploring with Loudoun County the possibility of a 500- 700-space commuter lot in Land Bay D. Mr. Cullen stated Oaklawn is working with Pulte on the residential area and will be submitting a subdivision plat for town homes. He stated this residential program is integral to the Phase ! road infrastructure. !n conclusion, he asked for support from Council and staff for approval of the Preliminary Final Development Plan for Phase ! roads, approval of Pulte's pending development plans in the residential land bays, and approval for construction of the full Sycolin Road Intersection, Phase I and establishment of a commuter lot. Councilmember Zoldos asked the location of the commuter lot in relation to the Runway Protection Zone? Hr. Cullen stated it would be in Landbay D. Additionally, he has spoken with Joe Delia of the FAA and it is in compliance with the airport standards. Councilmember Zoldos asked about road access to the commuter lot? Mr. Cullen stated there would be several access points. Councilmember Martinez asked for clarification on the phasing of Oaklawn? Mr. Cullen stated they hope to have the approvals by the end of the year and begin road construction in 2005. Councilmember Kramer stated they are moving in the right direction with the county to provide a park and ride lot. Mr. Cullen thanked Tom Mason and Nagi Elsewaissi for their help with this project. 8. Recognition of Leesburg Crossroads, Tnc. as the official main street organization for Leesburg. Economic Development Director, Betsy Fields, discussed the recognization of Leesburg Crossroads, Thc. as the town's official main street organization. She stated Council passed a resolution in support of the countywide Hain Street Loudoun Partnership in December 2001. Karen Jones was designated as the town's representative to the partnership. She stated this partnership with Leesburg Crossroads, !nc. will operate as the Leesburg partner of HainStreet Loudoun and for such purposes as applying principles of the National MainStreet program, to improve the economic vibrancy of the Town of Leesburg and enhance the quality of life of its inhabitants. Further, the partners and their roles were identified along with the four committees, design, organization, promotion and economic redevelopment. Town Council Work Session minutes for March 22, 2004 Paqe 8 Council endorsed moving forward with the recognition of Leesburg Crossroads and the official Mainstreet Organization for Leesburg. Mayor Umstattd stated she is impressed with the committee and provided a phone number for businesses to call if they are interested in participating. Further, she thanked Karen Jones for representing Leesburg. 9. Catoctin Circle Trail/Sidewalk SW Nagi Elsewaissi, Capital Projects Administrator, recommended that Council consider funding during the FY 2005 budget to review a joint use asphalt trail on the east side of Catoctin Circle from the end of the existing trail at Ashton Downs to complete the link to the W & OD Trail. Councilmember Martinez stated the trail needs to move forward, but the town currently does not have the resources. Mayor Umstattd stated a budget amendment would be required to fund in the current budget. Councilmember Zoldos concurred and suggested involving the Monroe Votech School. Vice Mayor Jackson suggested moving this capital project forward in the C]:P. Mayor Umstattd added the neighborhood is concerned that a trail is not sufficient as sidewalks and trails are not cleared of snow in the winter and would not provide safe access. 10. Keep Loudoun Beautiful Councilmember Zoldos advised Keep Loudoun Beautiful will have a county wide clean-up in April and is asking Leesburg citizens to assist in any way possible. Councilmember Schmidt stated he supports town involvement. Vice Mayor .lackson agreed stating the Public Works Department disposed of many loads during last year's clean up. Tom Mason added his staff could support by providing trash bags and hauling away the trash. Mayor Umstattd stated volunteers are needed to gather trash for town pick up. Sandy Kane commented as a Keep Loudoun Beautiful volunteer that the town is always helpful and citizens are willing to participate. Councilmember Kramer suggested the boy scouts might want to participate. Councilmember Zoldos asked Tom Mason to contact Mrs. Lawrence with Keep Loudoun Beautiful to volunteer town services and coordinate a schedule. Town Council Work Session minutes for March 22, 2004 Paqe 9 11. County Referral - CPAM 2004-0002, County Plan Amendment & ZOAM 2004-0002, Zoning Ordinance Amendment to allow the construction of athletic fields, golf courses and other uses within the River and Stream Corridor District. Susan Swift gave an overview of the proposed amendment to the Loudoun County General Plan concerning River and Stream Corridor Policies (RSCOD). The amendment would add language allowing active and passive recreation facilities, public utilities, storm drainage facilities by right, and golf courses by special exception in the 50 foot buffer setback but also in the flood plain. She stated the Environmental Advisory Commission, Parks and Recreation Commission and Tree Commission met jointly and support staff's recommendation to ask Council to suggest to the Loudoun County Board of Supervisors that they leave the plan as is for the Urban Growth Area and the Joint Land Management Areas. Ms. Swift noted this issue would be heard at the Loudoun County Board of Supervisors meeting tomorrow night. Gem Bingol addressed Council. She stated three town commissions have met and they support the staff recommendation. Mayor Umstattd asked Council if they would like to send a motion forward to the county? Councilmember Schmidt stated that flexibility should be allowed in the floodplain areas. Vice Mayor Jackson and Councilmember Martinez agreed with the staff recommendation. Councilmember Zoldos stated that he concurs that some areas could support practice fields; however, this is contrary to the Town Plan and Zoning Ordinance. He stated he supports the staff recommendation. Councilmember Kramer thanked the commissions for their dedication stating they are educated in the issues. Mayor Umstattd asked for a motion on this issue. Councilmember Martinez made a motion, seconded by Councilmember Kramer, to find that CPAM 2004-0002 and ZOAM 2004-0002 are contrary to the policies of the Town Plan and Council recommends against adoption of these amendments to the Loudoun County Planning Commission and the Loudoun County Board of Supervisors. The motion was adopted by the following vote: Aye: .lackson, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: Schmidt Vote: 5-1-1(Buttery absent) Town Council Work Session minutes for March 22, 2004 Paqe lO 12. South King Street bridge abutment repairs Nagi EIsewaissi, Capital Improvements Administrator, recommended awarding the South King Street Bridge Abutment Repair Project construction contract to Moore Brothers Co., Inc. for a total amount of $196,954.00. There was no Council comment. 13. HVAC System Renewal - FAA Automated Flight Service Station, Leesburg Executive Airport Nagi Elsewaissi, Capital Projects Administrator, recommended the award of a construction contract for the HVAC System Renewal at the FAA Automated Flight Service Station, Leesburg Executive Airport to Welch & Rushe, Tnc. for a lump sum of $268,000.00, contingent upon execution of Lease Supplement #6, which addresses the project, its funding and subsequent lease rate reduction. He added the town's share of the project cost will be recovered over the remaining term of the FAA/AFSS lease through a lease provision which allows for the annual calculation and reimbursement of direct operating and maintenance costs incurred by the town. Councilmember Zoldos commented the HVAC system is failing and requires replacement. He added the FAA would negotiate the rent of the building to reduce the amount. 14. Preview items for April 12, 2004 work session a. 9/11 Recovery Grant Airport Gateway Project Status There was no comment on this item. b. Approving a town/state agreement for the free flow right turn lane from eastbound Edwards Ferry Road onto southbound Route 15 Bypass Tom Mason clarified the funds are available from the $420,000 the town received from the Governor's Special Program. 15. New Business a. Residency requirements for the EAC Councilmember Kramer asked Council to consider amending the Town Code to allow non-Leesburg residents to be members of boards and commissions. Sandy Kane, Environmental Advisory Commission, addressed Council. She stated they have a commission member who has moved out of the town limits, but has a business in Leesburg. Ms. Kane added we should try to retain commission members that have an interest and talent in specific area. She suggested amending Section 2.9.2 of the Town Code regarding membership of the EAC to allow Leesburg business owners to serve on commissions. Bill Donnelly stated there is nothing in the State Code that would prevent Council from moving forward with this amendment. Councilmember Schmidt stated if the change were made across the board for all boards and commissions, Council should hold a public hearing. Town Council Work Session minutes for March 22, 2004 Paqe ! ! Councilmember Martinez stated each commission should be reviewed. Councilmember Zoldos stated he could support an amendment across the board. Vice Mayor Jackson concurred. Mayor Umstattd stated this change would only pertain to the EAC. Mr. Donnelly stated the amendment should clarify whether a property or business owner will be eligible. b. Wilson/Pershing Councilmember Zoldos commented that he spoke with a resident on Wilson Avenue who said the property owners are not signing the temporary grading easements because they believe there is an offset alignment. Mr. Elsewaissi stated that the center of the existing roadway would be the center of the improvements. Mr. EIsewaissi advised that letters were delivered on Friday advising the residents of the eminent domain process. Mr. Donnelly explained the condemnation process. He stated at the second meeting in April a resolution with a plat for each property and the proposed compensation will be presented, l~f the resolution is approved, the process will be initiated. He added that the latest real estate assessments would be used to determine the compensation. Councilmember $chmidt asked for an update on the roof leak at Balch Library. Mr. Noe stated staff has responded by letter and would provide him with a copy. Mr. Noe reminded Council that the Valor awards would be held on March 31 and the airport dedication on May 8. Further, he advised an agreement has been negotiated for the airport leases. The meeting adjourned at :~0:55 p.m. erk of Council Minutes/2004_tcwsmin0322