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