HomeMy Public PortalAbout2004_05_24Council Work Session
May 24, 2004
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Mervin ]ackson, Melinda Kramer, Marry Martinez, David
Schmidt, Robert Zoldos and Mayor Umstattd.
Councilmembers Absent: Frank Buttery arrived at 8:00 p.m.
Staff Hembers 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 Finance Norm Butts, Director of Engineering and Public Works
Tom Mason, Director of Utilities Randy Shoemaker, Director of Economic
Development Betsy Fields, Airport Director Cindi Martin, Chief of Police ~loe Price,
Zoning Administrator Brian Boucher, Chief of Comprehensive Planning David Fuller,
Traffic Engineer Calvin Grow, G[S Coordinator ,lohn Callahan, Preservation Planner
Kristie Lalire, Management Intern Alex Shabelski, and Assistant to the Clerk of
Council Debi Parry.
AGENDA ITEMS
Agenda for Council Meeting of Hay 25, 2004
a. ZOAM-0004-0001 - H-1 District Expansion & TLZM-2004-0004 -
Zoning District Hap Amendment (Paxton Property) - 3oint Public
Hearing with Planning Commission
Councilmember IVlartinez stated he would like to pass the resolution for
this item tomorrow night.
Brian Boucher stated a joint public hearing with the Planning Commission
will be held tomorrow night regarding the potential inclusion of the Carlheim
estate into the H-1 district, He stated staff recommends approval of these
amendments,
Councilmember Martinez stated the trustees of the property have applied
for a demolition permit. He asked what action could be taken if the trustees
tried to tear down the building with out the permit?
Brian Boucher stated if they attempted to tear down the building without a
permit the town could go to court and file for an injunction to stop the
demolition.
Bill Donnelly stated he does not believe that the trustees will attempt to
tear down the building without a permit; however, if they do the town would
file for an injunction through the court.
b. Recommending denial of CPAM 2004-003 the Loudoun County
amendment to restore the W-2 alignment of the Western
Transportation Corridor on the County General Plan
Councilmember Schmidt stated he has attended both joint meetings with
the county regarding this issue and urged Council to support the county's
proposal to reinstated the western transportation corridor on the map with
conditions. He stated construction would not occur for at least 20 years. This
Town Council Work Session Minutes for April 26, 2004 Page 2
plan amendment would simply reserve the right for a future generation to
construct this roadway.
Further, he stated some people have indicated that extending Route
28 would be a better option, but in the future there may be a need for two or
more Potomac River crossings into Maryland.
c. Endorsing the Environmental Advisory Commission's proposal to
develop a Watershed Management Planning initative.
Councilmember Schmidt stated this item was presented to Council at the
last meeting and he had hopped to receive more information regarding what
actions the Environmental Advisory Commission is planning to take.
Mr. Fuller stated this resolution would be to authorize the commission to
investigate what needs might be involved in the watershed planning process.
Mayor Umstattd verified no funding is requested.
Councilmember Schmidt verified this is just to allow them to study
options.
2. Preselected equipment procurement
Randy Shoemaker stated this request is for competitive negotiations for sole
source procurement of approximately $2 million in equipment associated with the
$23 million Water Pollution Control Facility expansion. He stated this would insure
that the equipment installed will meet the requirements of the project.
He stated this follows the town's procurement regulations and has been used
by the department for the three previous facility upgrades.
Councilmember Schmidt verified staff is able to do this and still meet the
purchasing requirements.
Councilmember Zoldos verified staff is looking for single source procurement
to match up with current equipment.
3. Water/Sewer Availability Fee Tncrease
Randy Shoemaker stated this item is for information only and requires no
Council action. He stated the 1995 rate study recommended an annual 4.5 percent
increase in availability fees. Further, he stated this would result in a $452 increase
in availability fees for a single family home, a $362 increase for multi-family
dwellings and a $452 increase for commercial uses.
Councilmember Zoldos asked if the increase is needed and asked what the
minimum fee for a commercial building would be?
Mr. Shoemaker stated it would be roughly $10,500.
Councilmember Zoldos asked why some fees have gone up to $30,000?
Mr. Shoemaker stated there is a gallon per day fee for commercial availability
based on water and sewer demand. He stated the minimum fee of $10,500 would
apply mostly to an office building, while a restaurant would be based on a per gallon
Town Council Work Session Minutes for April 26, 2004 Page 3
basis.
Councilmember Zoldos stated $30,000 is a large amount of money to charge
up front for a restaurant. He asked if this fee could be reduced as he is concerned
with the possibility of curtailing businesses from opening in Leesburg?
IVlr. Shoemaker stated the fee is based on a cost for treatment capacity. He
stated a consultant firm from Blacksburg produces a yearly report and the Town
of Leesburg fees are slightly higher than the median; however, they are consistent
with this area.
Mayor Umstattd stated the new Council may want to look at spreading out the
fees over a two year period for new restaurants.
4. Change Order for GTS Tmplementation
.lohn Callahan stated this global positioning portion of the GTS was not
included in the original implementation plan because of the cost. The Utilities
and Engineering & Public Works Departments have expressed an interest in adding
it. He stated it would provide many benefits to the town including locating storm
sewers, valves and manholes in the case of a water line break or natural disaster.
He stated the cost would be shared between the Utility and General Funds.
Councilmember Zoldos thanked Mr. Callahan for his report stating this is a
good idea.
5. Water and Sewer extension to the Peterson property on the west side
of the airport
Betsy Fields outlined the request from the Peterson Companies to extend
water and sewer to their property. She stated the property consists of
approximately 380 acres and is located in the .loint Land Management Area. Further,
she stated all Town Plans envision this property to be part of the town.
Ms. Fields outlined the potential benefits of this property and stated staff
recommends that the property be included in the town through a boundary line
adjustment and the extension of water and sewer.
Councilmember Schmidt stated he agrees with staff's recommendation to
bring this property in to the town boundaries. He asked if the property owner would
agree not to construct a power plant on the site.
Ms. Fields stated the property owner is not considering a power plant usage
for this site, although that issue was previously raised concerning the Tractebel site
on the southeast side of town.
Councilmember Schmidt asked Mr. Noe if an agreement such as this is
necessary for this property.
Mr. Noe stated staff believes Council could not have a discussion with the
Peterson Co. without bringing up the Hunter/Dowdy and Sieman's property and
whether they would agree to renounce the possibility of a power plant on their
property. Further, he stated he had spoken with Mr. Banzhaf asking him to address
this topic with his client to see if they would be willing to make a similar agreement.
Town Council Work Session IVlinutes for April 26, 2004 Page 4
Councilmember Schmidt stated the issue of precedence has come up in terms
of public and private use. He reminded Council of Woodlea Conservancy's
request a few years back to have a small piece of property at the entrance to the
development brought into the town in order to have town water and sewer provided
to it. He stated the town agreed to extend water and sewer if the community would
pay for the cost of the boundary line adjustment.
Mr. $chmidt stated the town should not be limited to a boundary line
adjustment in the case of public use, but should be able to include property for
commercial use if Council deems it to be in the best interest of the town to do so.
Councilmember Martinez asked the current zoning of the property?
Ms. Fields stated the property is currently zoned .1HLA 20 which allows one
house per 20 acres.
Councilmember Martinez stated according to the Town Plan the site would be
zoned Business-3. He asked if the town and could impose exceptions on the
property as part of the boundary line adjustment process?
Hr. Donnelly stated technically there cannot be exceptions on a BLA;
however, they could be worked out in a separates agreement.
Councilmember Martinez stated he is concerned with the possibility of more
residential around the airport.
Councilmember Zoldos verified the property would come in as R-E and the
Council would then need to rezone the property. He stated he is in favor of the
proposal as it will allow the town to control the land use around the airport.
Councilmember Martinez asked if the county has provided any comment on
this issue?
Hr. Noe stated there has been no communication with the county regarding
this property. He stated staff would contact the county if Council decides to go
forward with this proposal then.
Hike Banzhaf addressed Council. He outlined the property stating that
including this property in the town and extending water and sewer would be
consistent with the Town Plan. Further, he stated there are many benefits to the
town including a more diverse tax base.
Hr. Banzhaf stated he has spoken with the attorney for Tractebel and his
client, Hunter/Dowdy and both would agree to placing a covenant on the property
guarding against the construction of a power plant if water and sewer is extended to
their properties
Councilmember Buttery asked Hr. Banzhaf to delineate the property.
Hr. Banzhaf stated the property is approximately 400 acres and is located
west of the airport and east of the Greenway.
Councilmember Buttery verified the property is included in the Town Plan as
Town Council Work Session Minutes for April 26, 2004 Page
the site for a potential shopping center.
Mayor Umstattd expressed her interest in a potential Greenway interchange
at this site.
Mr. Banzhaf stated there could be an interchange with a tollbooth at
Crosstrails Boulevard. He stated he has heard that the Greenway is currently in the
process of securing funding for bridges.
Mayor Umstattd stated the Greenway opposed the town's annexation efforts
because Crosstrails Boulevard would have been included in the town and our code
prohibits tollbooths in the town.
Councilmember Zoldos stated the Greenway's opposition to annexation was
more likely linked to the inclusion of a small piece of their property in the
proceedings.
Bill Donnelly stated if Council decides to bring this property into the town
limits and extend utilities, proffers and zoning could be negotiated with the property
owners in a side agreement, to ensure a smooth transition once the boundary line
agreement is completed. Further, Mr. Donnelly stated he is concerned about the
potential precedence that could be set.
6. Urban Forestry Master Plan
Mayor Umstattd stated the staff has found a way for Council to fund this
project at $25,000 while maintaining a balance.
Earl Hower, Chairman of the Tree Commission, thanked Council for their
support. He stated it is recommended that every community set a tree canopy goal.
He stated the town's mature tree canopy is now down to approximately 6 or 7
percent from 8 percent in 2001.
Mr. Hower the tree canopy goal would require the town to develop an
understanding of tree infrastructure; seek funding; identify locations; make changes
in zoning and site design if necessary; establish codes and enforcement and
encourage private/public partnerships. Further, he stated the first step is Council's
approval of this master plan.
Kathleen Burke-Prichard, Tree Commission member, addressed Council. She
stated a strategic plan for what trees should be planted where and an educational
outreach concerning how to care for trees. Further, she stated the trees planted at
Freedom Park are dying because they are not properly cared for.
Councilmember Schmidt thanked the Tree Commission for their report and
urged Council to support their funding request. Further, he suggested that Ms.
Burke-Prichard send a memo to the town concerning the trees at Freedom Park.
Councilmember Martinez thanked the commission for their efforts.
Councilmember Buttery expressed concern for efforts to plant a tree canopy
overnight. He asked if the commission recommended planting larger or smaller
trees.
Town Council Work Session Minutes for April 26, 2004 Page 6
Mr. Hower stated it would depend on the location and the species of tree.
Further, he stated the Tree Commission would like to work with homeowners
concerning the types of trees that should be planted.
7. Wayfinding Sign System - BAR review
Betsy Fields stated per Council's request the Board of Architectural Review
reviewed the wayfinding sign system. She stated staff recommends that the signs
be constructed of sheet metal with a reflective material; however, the BAR
recommended that the signs in the Historic District be wooden. Further, Ms. Fields
stated the only difference would be the thickness of the sign, the types of bolts used,
and the longevity of the sign since wood would not last as long as the sheet metal.
Councilmember Schmidt asked if other communities use wooden wayfinding
signs?
Ms. Fields stated Orange and Portsmouth use wooden signs in their historic
district; however the signs the town is proposing are larger.
Councilmember Schmidt asked if the signs would need to meet Virginia
Department of Transportation requirements?
Ms. Fields stated all signs along the roadway require Virginia Department of
Transportation approval; however, if the signs are installed and maintained by the
town there will be no requirements regarding the material used for the signs.
Councilmember Schmidt stated the color and text on the signs are of more
concern than the material.
Councilmembers Martinez and Zoldos and Vice Mayor Jackson concurred.
Ms. Fields stated Portsmouth has concerns with how the wooden signs will
look and how long they will last. She stated every other historic district in the state
uses metal signs. Further, she stated the contract will be before Council at their
next meeting and the funding is included in the department's current budget.
8. Removal of barricades, opening of street and all-way stop studies for
Prince Street, Blue Ridge Avenue and other Northeast Leesburg
streets
Calvin Grow stated several months ago staff received a petition from
residents of Prince Street asking that the barricades be removed. He stated the
request has been reviewed by staff and the Standing Residential Traffic Committee
and both agree that the barricades should not be removed until the street
improvements are completed. Further, he stated staff recommends that a stop bar
be added at the intersection of Prince Street and Edwards Ferry Road and
enforcement be increased.
Councilmember Schmidt asked the purpose of the stop bar?
Mr. Grow stated a stop bar is a painted white line on the pavement, which
will allow drivers to see in either direction before they turn on to Edwards Ferry
Road.
-- Councilmember Martinez stated additional traffic calming would be needed if
Town Council Work Session Minutes for April 26, 2004 Page ?
the barrier is removed from Catoctin Circle.
Councilmember Zoldos stated previously he has supported the Council
resolution; however, after speaking with residents during his recent campaign he
found that most residents want the barricades removed now. He stated it could
potentially be 2005 or 2006 before the improvements are done on these roads.
Vice Mayor Jackson verified the traffic signal at Catoctin Circle and Edwards
Ferry Road is scheduled for installation in 2005.
Councilmember Buttery asked what the traffic studies have shown the
level of service to be on these roads once the barricades are removed?
Mr. Grow stated the studies show that the streets will maintain a level of A.
He stated the exception is Catoctin Circle, which will experience an increase in traffic
and will require a traffic signal.
Councilmember Buttery asked how the stop signs are working at the
intersection of Edwards Ferry Road and Catoctin Circle?
Mr. Grow stated the stop signs are working now, but once the barricade is
removed a traffic signal will be needed.
Vice Mayor .lackson verified the traffic signal is funded through the proffers
from the Loudoun County Courts expansion.
Mayor Umstattd asked if the proffer was for a particular amount?
Mr. Grow stated the cost listed in the C:[P for the signal is $120,000. He
stated the proffers should cover the cost.
Councilmember Zoldos stated removal of the barricades would also be
beneficial to the fire and rescue workers.
Suzanne Arthur, 412 Blue Ridge Avenue, addressed Council. She stated there
has been a large turnover in the neighborhood and she, along with many other
newer residents are opposed to the removal of the barricades and the proposed
street improvements. She stated if these improvements were to go forward some
residents could lose older trees and the children would no longer be able to play at
the end of the street. Further, she expressed concern with the potential for overflow
parking from the proposed town center on Catoctin Circle behind Giant.
Vice Mayor Jackson verified the project budget is $:~.7 million.
Preview Ztems for 3une 8, 2004 worksession
a. Through truck restriction on Davis/Lee Avenues
There were no discussions on this issue.
b. Georgetown Mews retaining wall encroachment
There were no discussions on this issue.
Town Council Work Session Minutes for April 26, 2004 Page
New Business
a. Airport Commission Appointment
Councilmember Zoldos stated his current appointee to the Airport
Commission, Dave Burton has agreed to step down. He stated he would bring
forward a resolution tomorrow night to appoint Stanley Caulkins to fill the
remainder of that term effective ,luly 1, 2004.
Mayor Umstattd asked if language could be added to the resolution
stating the vacancy was created by the resignation of Dave Burton.
Councilmember Zoldos agreed to this amendment.
b. 4th of .luly Parade
Mayor Umstattd stated the committee would like to move forward with
the July 4th Parade, but are having trouble getting insurance. She stated last
year, prior to becoming an official town sponsored event, the town did agree
to accept the responsibility of the insurance for the Memorial Day Ceremony
on the courthouse green. Further, she had suggested to Ms. Lyle Werner that
the town may want to consider a similar solution for the July 4TM Parade,
whereby it would continue to be organized by the private committee, but the
town would take on the insurance responsibility.
Mayor Umstattd asked Ms. Werner and Ms. Worley if they would like to
address Council.
Ms. Werner stated she would appreciate any consideration Council
would give to their request. She stated if the town could accept the .luly 4th
Parade as a town recognized event that would assist them in going forward.
Further, she stated the committee is not asking for any fee waivers, but could
not go forward if they had to pay the $2,000.00 for the insurance.
Bill Donnelly stated he checked with the Virginia Municipal League who
provides the town's insurance. They stated that this event can not be added
to our insurance policy because it is not a town event. He stated staff has
also investigated the possibility of using Uran funds; however, this event
would not qualify. Further, he stated the State Code allows for municipalities
to donate funds to sponsor a historic event; however, this committee has not
yet formed a non-profit organization.
Mr. Donnelly stated the town could allow them to hold their parade
without insurance; however, if someone is hurt they will be able to sue the
organizers of the parade.
Mayor Umstattd stated one solution would be for Council to pass a
resolution incorporating the 4th of July Parade as a town event.
Mr. Donnelly stated that would to satisfy the requirements for them to
be covered under the town's insurance.
Mayor Umstattd asked how this event differs from the Memorial Day
Ceremony?
Town Council Work Session Minutes for April 26, 2004 Page 9
Mr. Donnelly stated the IVlemorial Day Ceremony was on the
courthouse property owned by the county. He stated he is not sure how the
town was able to provide insurance coverage for the Memorial Day ceremony.
Further, he stated the gentleman with VML insurance stated there is just no
way to do this.
Mayor Umstattd asked what he said there was no way to do?
Mr. Donnelly stated he indicated there is no way to a insure third
party. He said just saying it is a town event doesn't make it a town event.
IVlayor Umstattd stated Council would pass a resolution like the one
that was done for Memorial Day making it a regular town event.
Mr. Donnelly stated he would have to discuss this with the insurance
company.
Councilmember Zoldos stated he had asked if the town's insurance
would cover this event over a month ago. He stated every town around us
sponsors a 4th Of .luly Parade. Further, the town should sponsor the 4th of .luiy
Parade every year thus eliminating the organizer's need for insurance.
IVlr. Donnelly stated he would check with VML and provide an answer
by tomorrow night.
Bob Noe stated the insurance perspective is among the least difficult
because the 4th of .luly is a major holiday and staff resources are committed
to the maximum. He stated the Parks, Public Works and Police Departments
have a major commitment with the Ida Lee festivities and are not sure how to
accommodate an additional event.
Mayor Umstattd stated the committee proposes to hold their parade on
the 3rd of July.
period
from a
IVlr. Noe stated we only have limited resources to spread over a limited
of time. He stated Mr. Dentler did not know how to accommodate it
staff resources perspective.
Mayor Umstattd stated the organizers of the event may be surprised to
hear that there are problems because they have been publicly briefing Council
over the last several months on their plans. If concerns haven't been raised
until now, Council may be surprised that there are objections.
Mr. Noe stated to the best of his knowledge staff has resisted this
parade at every opportunity. He stated no member of staff has given any
encouragement to anyone associated with the parade.
Councilmember Martinez stated he was under the assumption that this
was already approved, He stated this should be a town-sponsored event.
Further, he asked how the organizers of the parade were made aware of the
fees and could those fees be waived if the town sponsored the event?
Town Council Work Session Minutes for April 26, 2004 Page
Councilmember Schmidt stated it is his understanding that the parade
organizers received written approval from staff several weeks ago.
Ms. Werner stated they filed an application with the town and have
received written approval, which is how they know the amounts for the
various fees.
Ms. Worley stated the committee has been working on this event for
over a year and has tried to anticipate opportunities and community group
participation. She stated they have received positive feedback from the
community.
Kathy Leidich stated she attended the special events policy committee
meeting last week and it was her understanding that no approval has been
given for this event. She stated she would look into this matter and report to
Council tomorrow night.
IVlr. Donnelly stated it has been clear that insurance is a requirement
of the special events permit. Further, he stated Mr. Dentler's concerns
seemed more addressed at the possibility that the event be made an
approved town event and organized by the Parks and Recreation staff.
Councilmember Zoldos stated there are already committed resources
available for every 4th of July. He asked Mr. Donnelly to speak to VML again
regarding the insurance and if the event can be covered. He proposed a
resolution be passed tomorrow night making the town a co-sponsor of the 4th
of July Parade.
Councilmember Schmidt agreed and asked staff to investigate past
precedence such as the First Night Leesburg Event.
IVlayor Umstattd stated the Memorial Day celebration last year is
probably the closest analogy to this. She asked that a resolution be prepared
for tomorrow night from the Memorial Day resolution substituting for the 4th
of July Parade.
Chief Joe Price stated the 4th of July celebration at :[da Lee is already a
major drain on resources. He stated he does not have on duty staff to
support this event and will have to charge staff hours to overtime.
Tom Mason stated this is a manpower issue and having large back to
back events is a drain.
Councilmember Martinez asked that the resolution prepared for
tomorrow night indicate what department will be charged with overseeing this
event.
Ms. Werner stated she would be willing to provide policing assistance.
Mayor Umstattd verified the parade will be held on July 3rd this year,
but it is the committee's intention to hold the parade on the 4th in subsequent
years.
Town Council Work Session Minutes for April 26, 2004 Page ! !
Vice Mayor 3ackson asked when the Council would vote on the
barricade issue?
Mr. Mason stated staff had not planned to put the item on the agenda;
however, if Council wishes to reaffirm their current policy, staff would be
happy to prepare a resolution.
Suzanne Arthur, 412 Blue Ride Avenue, addressed Council again. She
invited Council to drive through the neighborhood to see how well it functions
in its current state.
Wendy Overton, 213 Catoctin Circle, addressed Council. She stated 50
percent of residents in this area are new to the neighborhood and are not
aware of Council's intention to remove the barricades. She expressed
concern for limited play space in the street for the children if the barricades
were removed.
The meeting adjourned at 9:39 p.m.
2004_tcwsmin0524
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