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