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HomeMy Public PortalAbout2004_06_07Council Work Session .lune 7, 2004 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Mervin .lackson, Melinda Kramer, David Schmidt, and Mayor Umstattd. Councilmembers Absent: Robert Zoldos arrived at 7:40 and Frank Buttery arrived at 9:17 p.m. MartyMartinezwasabsent 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, Director of Parks & Recreation Kaj Dentler, Director of Human Resources Dona Wolf, Police Captain .left Van Gilder, Capital Projects Manager Nagi Elsewaissi, Management/Budget Officer Mike Freda, Traffic Engineer Calvin Grow, Accounting Associate TT Connie Lickey, Inspector Andy Oster, Management Tntern Lindsey Kennedy, Management Tntern Alex Shabelski, and Assistant to the Clerk of Council Debi Parry. AGENDA [TENS Agenda for Council Meeting of 3une 8~ 2004 a. Through truck restriction on Davis/Lee Avenues - Public Hearing Calvin Grow stated this action was requested by residents of Davis Avenue. He stated a recent origin/destination study showed that 15 trucks were using Davis and Lee Avenues to access Dry Mill Road on a daily basis. He stated the trucks were affiliated with the Costco construction and have been asked to use an alternate route. He stated staff believes this could be a reoccurring problem and recommended that the public hearing be held tomorrow night to allow residents and truck drivers the opportunity to speak to the issue. He stated staff would have legislation for Council's consideration at the June 22 meeting. b. Approving the Fiscal Years 2005-2009 Capital [mprovement Program and appropriating funds. Nike Freda stated a few changes have been made to the CTP to include Council's recommendations. He stated project 15 regarding the Old Tzaak Walton Pond has been moved from 2005 to 2007; project 44 regarding the East Market Street Sidewalk has been added to 2005 in the amount of $75,000; project 64 regarding the salt storage dome was moved from 2006 to 2005; and the Lawson Road pedestrian bridge has been added for funding in 2009 in the amount of $50,000. Councilmember Zoldos stated he would like to see the Lawson Road pedestrian bridge added for funding in 2009 or whenever Battlefield Parkway is completed. Joan Borishoff., Borishoff's Gourmet, stated she had asked that the East Market Street Sidewalk project be funded to facilitate the flow of pedestrian traffic to her business at 120 East Market Street. She thanked Council for their support in proposing this item for the C:[P. Town Council Work Session Minutes for June 7, 2004 Page 2 Liz Whiting, Standing Residential Traffic Committee, suggested the proposed traffic light at Catoctin Circle and Edwards Ferry Road could be premature. She stated the all way stop signs are working fine and actually are better for pedestrians than traffic signals. Further, the proposed left turn lane on the south side is an improvement that is anticipated as being needed in 2020. Ms. Whiting asked that Council defer this item in the CIP. Councilmember Schmidt verified the traffic signal would be funded by proffers from the county and asked if that money could be used for another project instead? Tom Mason stated the proffer is for approximately $120,000 from the Loudoun County Court's rezoning project and it is specific to this location. Councilmember Schmidt asked if there are any conditions on when the installation of the traffic signal must take place? Mr. Mason stated there are no time limits on this proffer, however, he hopes Council will approve the traffic signal before the barricades on Catoctin Circle are removed. Mayor Umstattd verified the proffer is not indexed for inflation. Councilmember Kramer stated she would like the traffic signal to be architecturally pleasing. Vice-Mayor Jackson stated his wife's family owns one of the buildings that would be affected by the East Market Street sidewalk project; however, Mr. Donnelly has decided that it is not a conflict of interest so he will be allowed to vote on the C1~P. Mayor Umstattd verified staff's statement that Council can wait for the auditor's financial report before deciding on funding for these items? Mr. Freda stated the actual audit report would not come out for a couple of months and Council will need to take action before then. Mayor Umstattd stated her understanding is that Council can vote to approve the entire CIP with the funding dependent on a bond decision or other allocation of funds. Mr. Freda stated Council could make a decision on bond issuance later in the year. He stated by voting to approve these projects Council reserves the right to choose not to fund the projects in this fiscal year. Mayor Umstattd stated there seems to be consensus for removing the Izaac Walton Pond project. She stated staff should contact the developers of the property behind the King Street Food Lion to see if they would be interested in performing this project as a service to the town. Town Council Work Session Minutes for June 7, 2004 Paqe 3 Councilmember Schmidt stated he believes the South King Street Trail is an unsafe project and a waste of money and will be torn up when the Virginia Department of Transportation does their improvements. He recommended that the project be removed from the CIP and replaced with the Chancellor St. Trail. Further, he recommended that the Fort Evans Road improvement project remain in the CIP. Councilmember Schmidt verified staff had prioritized the drainage projects. Further, he stated he would agree to pull item #38 from the CIP. Councilmember Zoldos asked that the South King Street Trail be delayed until it is determined whether or not the Meadowbrook Development will construct a trail. Mr. Freda stated there would need to be an agreement with the county to delay the South King Street Trail project. Councilmember Zoldos stated he would support removing the pond- dredging project as well as the Market Street Sidewalk project. Further, he agreed to postpone the traffic signal at Catoctin Circle and Edwards Ferry Road and asked that the Pedestrian Bridge on Lawson Road be added to the CIP. Councilmember Kramer stated she would also agree to postpone the traffic signal on Catoctin Circle and Edwards Ferry Road. Mr. Elsewaissi stated the Market Street Sidewalk project is needed to complete the link to the Historic District. Mayor Umstattd stated she would oppose removing the South King Street Trail item, but would support postponing the traffic signal at Catoctin Circle and Edwards Ferry Road and the pond dredging. Vice-Mayor Jackson asked if Loudoun County would agree to postpone the Loudoun Street trail? Mayor Umstattd stated she would rather not delay this project because it would make pedestrian access safer than it currently exists. She stated Council would vote on this item tomorrow. Further, she stated there seems to be consensus to delay the traffic signal at Catoctin Circle and Edwards Ferry Road and the pond-dredging project. Further, she stated the next Council should make the decision regarding bond issuance. Mr. Freda stated when the audit is complete in November, Council should have a better idea of the financial situation. c. Amending resolutions 2002-198 and 2003-117 regarding appointments to the Standing Residential Traffic Committee. Mayor Umstattd asked Liz Whiting, Chairman of the SRTC, if she had any comments regarding this item. Town Council Work Session Minutes for June 7, 2004 Page 4 Ms. Whiting stated she was disappointed to learn that her term will expire earlier than expected. Debi Parry stated the original resolution appointing the members of this committee stated the term was to expire in 2004. She stated the only terms effected by this resolution are that of Sandra Kane and Gabriella Keleman. 2. Draft Amendment to Residential Permit-Parking Ordinance - Carrvale Nicole Ard addressed the issue of the permit-parking program. She stated there are many underlying issues, including quality of life issues, with this request. Further, she stated this action would have a town wide impact and would allow the town to streamline the process. Sue Browninq, Carrvale resident, addressed Council. Ms. Browning stated homeowners have the right to protect their homes and the residents of Carrvale are concerned that their home value may decrease because of the lack of parking. She stated the residents of Heritage Square have sufficient parking and should not be parking in her neighborhood. Further, she stated the residents of Carrvale are frequently calling the police and it is her belief that the permit parking will ease the strain on the police officers. Councilmember Zoldos stated he would like to see this item move forward for approval. He stated all of the other issues outline in the staff memo should be addressed as well, but first the Council needs to address this issue of parking. Further, he stated there is adequate parking in the other surrounding neighborhoods. Mayor Umstattd asked if this item would require a public hearing? Bill Donnelly stated there is no public hearing requirement. Mayor Umstattd asked if this issue could be voted on at the last meeting in June? IVls. Ard stated staff would like to provide notice of this action to other neighborhoods. Mayor Umstattd suggested holding a vote on the ordinance amendment at the June 22 meeting and the public hearing at the second meeting in July. 3. Little Hozart Academy Mayor Umstattd stated the Town Attorney has determined that the academy qualifies as a charitable organization. She requested that a resolution for the donation to the academy be drafted for tomorrow's meeting. Councilmember Schmidt stated he would like to approve this donation; however, he is concerned with the precedence setting aspect of this. He stated in other cases the town has not done this, or has used Uran funds. He verified this donation would not qualify for Uran funds. Mayor Umstattd stated the amount of $1,562.50 would be a donation from the General Fund to Tda Lee to cover the cost of this. Town Council Work Session Minutes for June 7, 2004 Page 5 Councilmember Schmidt stated he has concerns because it seems the town would not be treating other charitable organizations fairly by making this donation from the General Fund. Vice Mayor Jackson and Councilmember Zoldos concurred with Councilmember Schmidt. Councilmember Kramer stated the town has worked to give donations to charitable organizations, but not in this way; however, she will support this request. Mayor Umstattd asked that this item be placed on the agenda for a vote tomorrow night, She asked Ms. Bonnet when the first guests would arrive from France? Ms. Bonnet, Little Mozart Academy, stated the international guests would arrive on June 29 and the rehearsals start on June 30. Further, she stated the rental fee for the room at Ida Lee was supposed to be submitted to the Parks & Recreation Department by June 1. Councilmember Schmidt stated he would like to know how the town handled the donation to the Fife and Drum Corps and where did the funds come from? He stated if it could be demonstrated that Council set a precedence there it would help him in making his decision on this item. Mr. Jackson asked Kaj Dentler how similar requests had been handled? Mr. Dentler stated fees had not be waived for any other group except when the money could be paid out of the Uran Fund. He stated the Fife and Drum Corps request for fee waiver was denied; however, an arrangement was made through the Economic Development Department that paid for the first year to get them started and then they were to be self sufficient after that. Ms. Bonnet stated an arrangement similar to that would work for her group. She stated her group would be eligible to apply for various grants after their first year of establishment. Councilmember Kramer stated this would allow the Council to fund this request as seed money and not set a precedence as some members of Council had feared. Councilmember Zoldos asked why Uran Funds could not be used for this? Mr. Donnelly stated when Mr. Uran sends funds to the town, he designates them to be used for a specific purpose. He stated this groups activities did not fall under any of those categories. Councilmember Kramer stated it was her understanding that some of the money was designated for children and education. Mr. Freda stated Mr. Uran's notes designate the money for underprivileged children. Town Council Work Session Minutes for .]une 7, 2004 Page 6 Councilmember Kramer verified this action would take money from the town's budget to reimburse Ida Lee for the fees, rather than actually waive the fees. Mr. Donnelly stated in the past the money has actually gone from the town to the organization as a gift and then the organization uses it to pay the full fee. Mayor Umstattd verified the check would not be delayed by town staff should Council vote to approve this request tomorrow night, 4. Georgetown Mews retaining wall encroachment Tom Mason stated the developer of this project installed retaining walls which was not on, the approved site plans in the right-of-way. He stated the developer received approval from the BAR and did not realized that approvals were needed from other entities. Further, he stated the walls were discovered during mid construction and work was halted to resolve this issue. Mr. Mason stated staff has worked out a scenario where one wall could remain and the right-of-way will be shifted. He stated there are several complications: (1) the walls were constructed in the public right-of-way rather than on private property; (2) the right-of-way which was originally 41-feet wide can only be 38-feet wide if the walls are on private properties, and (3) the restrictions for the town in receiving funds from the state for a new roadway require there be a minimum right-of-way of 40 feet. He added there is a provision that the Commissioner of the Virginia Department of Transportation can waive that under special circumstances. Mr. Mason stated Engineering and Public Works recommends no waivers be approved and the approved plans should be followed. He stated staff recommended that one wall be reconstructed so that it is outside of the right-of-way and that the right-of-way be shifted so that the other side is out of the right-of-way. He stated the developer has asked that the Council make an appeal to the Virginia Department of Transportation to request a waiver. Further, he recommended that Council approve this request to allow the Commissioner of the Virginia Department of Transportation to make an opinion. Councilmember Schmidt asked Mr. Mason to verify where the walls are now, Mr. Mason stated both walls are inside the public right-of-way. In order to leave the walls, we would have to shrink the right-of way to 38-feet so that the walls are on private property. He stated Council would need to request a waiver from the Virginia Department of Transportation to receive funding for a right-of-way less than 40-feet. Councilmember Schmidt stated this does appear to be just an error, He added it makes sense to see if the Virginia Department of Transportation would grant this waiver rather than making the developer move the walls, Councilmember Zoldos stated he would support Mr. Mason's recommendation, Mr. Mason stated if the Virginia Department of Transportation does not grant the waiver, staff would strongly recommend that one of the walls be moved outside of the right-of-way to maintain the 40-feet required by state law. Town Council Work Session Minutes for June 7, 2004 Page Jeff Caden, Legacy Homes, addressed Council. He stated his engineer has had an informal discussion with a representative of the Virginia Department of Transportation and was told that there shouldn't be any problem in granting this request for a waiver. Duane Greenfield, 403 South King, addressed Council. He stated the retaining wall goes from the corner of their property to their driveway. He expressed concern for his landscaping should Council remove the wall. Mayor Umstattd asked Mr. Mason to prepare legislation for Council's review. Mr. Mason stated this issue is frustrating because staff strives to ensure that all development regulations are followed. He stated in this case the developer is asking for forgiveness rather than permission and staff is concerned a precedence may be set whereby developers will construct items not on the approved site plan and then come to Council for a waiver. Councilmember Kramer asked how this situation occurred and why the developer is constructing a wall and then coming to Council to ask for permission to waive the requirements? Mr. Mason stated the developer had partial permission from the Board of Architectural Review, but failed to get permission from the Planning and Engineering Departments. Joel Flats, development company, addressed Council. He stated he didn't know that he needed further approvals once the Board of Architectural Review gave approval. He stated he probably should've known that the walls were in the right-of- way; however, he stated he failed to realize that, as his main concern was to ensure that the walls would not interfere with the required 5-foot sidewalks. Further, he stated it was not his intention to break the rules. 5. Leesburg Wayfinding Sign System project contract award Nagi Elsewaissi stated this item is to recommend the award of a contract for the Wayfinding Sign System project to Architectural Graphics, :[nc. of Virginia Beach in the amount of $97,803.00. He stated this project includes installation of the trail blazing and proximity signs, and directional parking signs. Further, he stated all signs would be made of aluminum. Mr. Elsewaissi stated sufficient funds are available in the FY 2004 budget. He stated $52,000 was appropriated in the mid-year budget from the Historic District Offsite Parking Fund and an additional $50,000 from the Economic Development Department for a total of $102,000.00. was the consensus of Council to move forward with this item. 6. Recognition of the H.O.P.E. Symbol Connie Lickey, H.O.P.E. Tmplementation Committee Chair, addressed Council. Ms. Lickey stated the committee recommends that Council officially recognize the H.O.P.E. symbol as a representation of the values of staff. She introduced Andy Oster. Town Council Work Session Minutes for June 7, 2004 Page 8 Andy Oster, H.O.P.E. Tmplementation Committee, addressed Council. Mr. Oster provided a background of the staff values and of the Implementation Committee's efforts to create a logo to represent the values of Honesty, Openness, Pride and Excellence. Further, Mr. Oster provided Council with view of the symbol as a diamond with the letters H, O, P, and E at the four points. .leff Van Gilder, H.O.P.E. Tmplementation Committee, addressed Council. Mr. Van Gilder shared his experiences in developing the Values, Vision and Mission of staff as well as participating in the implementation of it. Further, he expressed the importance of the diamond as the shape for the H.O.P.E. symbol because of its strength and its value. was the consensus of Council to vote on this item at the .lune 22 meeting. 7. Discussion on Phil Bolen Park - Mayor Umstattd Susan Swift stated the Loudoun County Planning Commission made a motion to delay for 30 days a decision on the Phil Bolen Park special exception pending a joint town/county committee working together to resolve the major issues of utilities and transportation. Further, she stated they nominated three members of their commission to meet with the town's representatives. Ms. Swift stated it has been proposed the county, and assumed by the staff that Phase One of the project would use well and septic. She stated if the county wanted public water and sewer for Phase Two they would need to do a boundary line adjustment to bring the property into the town, Further, she stated at the meeting County Planning Commissioner Elgin discussed having public water and sewer service for Phase One of the project to save the trouble and expense of installing well and septic and then tearing it out. Ms. Swift also addressed the transportation issues. She stated the town and county have been able to resolve the technical issues; however, there is still concern regarding whether the roads will be open when the park is open. She stated there seems to be a two-year gap with Sycolin Road and Crosstrails Boulevard. Councilmember Schmidt stated he read the staff memo after the last discussion and did not take any offense to anything staff wrote in the memo. He stated it was a typical analysis of the town plan and as Ms. Swift stated we have sent similar memos before. Councilmember Zoldos stated one of the things that the County Transportation staff has discussed is their estimation that there will be 1,900 vehicle trips per day to the fields. He sated he has a concern about the Sycolin Road handling that much traffic before it is widened because Crosstrails Boulevard will not have been constructed yet. Further, he stated the county has already spent $1.3 million on hydrological studies for this site and are concerned about a delayed decision. Councilmember Zoldos stated there are some disagreements about transportation and utilities and it would seem to be in the town's best interest to supply water and sewer to this site and work together with the county towards resolution of all issues. Further, he stated he would be willing to serve on the joint committee. Town Council Work Session Minutes for June 7, 2004 Pacl_e 9 Councilmember Kramer stated the timing of the road issues is most important. Mayor Umstattd asked Councilmember Kramer to consider serving on the committee. Further, she stated Councilmember Martinez should also serve on the committee. Councilmember Zoldos stated if the town does provide water and sewer to the site, Crosstrails Boulevard will play a critical role and the town should demand that some segment of that road be constructed. Mark Herrinq, former Leesburg representative to the Loudoun County Board of Supervisors, addressed Council. He stated his hope that the town will act promptly to work with the county. He stated it is a project that many residents support. Mayor Umstattd stated the three representatives from the town would be Councilmembers Kramer, Martinez and Zoldos. She asked Ms. Swift if the county wanted Council representatives to meet with their Planning Commissioners? Ms. Swift stated she would check on that and report back to the Council. 8. Discussion on ribbon cutting for E. I~larket Street Project It was the consensus of Council to hold the ribbon cutting ceremony on June 22nd at 7:00 p.m. Preview Ttems for 3une 8, 2004 worksession a. Authorizing award of a contract to Amliner East, Znc. in the amount of $248,518.50 for the Sanitary Sewer Relining Project. There was no discussion of this issue. 10. New Business a. Resolution of Respect for President Ronald Wilson Reagan Councilmember Schmidt stated he has drafted a Resolution of Respect for President Ronald Wilson Reagan and would like Council to consider adopting it tomorrow night. Further, he asked that staff also prepare a resolution of respect for Dan Moats. b. Motorcycle Parking Councilmember Zoldos asked if Scott Warner had seen the memo to Council regarding motorcycle parking downtown? Mr. Noe stated Mr. Werner has not seen this memo, as this was just a memo to the Council. Councilmember Zoldos stated he couldn't make a decision on this recommendation until he hears from Mr. Warner, as it will affect his business. He stated the memo states there would be loading zones for motorcycle parking on the weekends. He asked if Mr. Warner would support this request? Kathy Leidich addressed Council stating the purpose of the memo was to get Council feedback and then staff will discuss this proposal with Mr. Warner. Town Council Work Session Minutes for June 7, 2004 Page 10 Councilmember Zoldos stated he is concerned because there was an issue with the Police Department and several bike riders regarding the fact that there were several motorcycles parked in one space. He stated when Mr. Warner brought this issue forward he was asking for parking in front of his business. IVls. Leidich stated it is her understanding that people can park as many motorcycles in one space as will fit between the lines. Councilmember Zoldos asked that this memo be provided to Mr. Warner to see if it would be acceptable to him. The meeting adjourned at 9:39 p.m. 2004_tcwsmin0607 Jerk of Council