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HomeMy Public PortalAbout2004_06_21Council Work Session Council Chambers, 25 West Market Street, 7:30 p.m. June 21, 2004 Mayor Umstattd presiding. Councilmembers Present: Mervin 3ackson, Melinda Kramer, Marry Martinez, Robert Zoldos, and Mayor Umstattd. Councilmembers Absent: Frank Buttery and Dave Schmidt were absent. 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 Utilities Randy Shoemaker, Director of Human Resources Dona Wolf, Zoning Administrator Brian Boucher, Chief of Plan Review Paul Gauthier, Management [ntern Lindsey Kennedy, Management [ntern Alex Shabelski, and Assistant to the Clerk of Council Debi Parry. AGENDA ITEMS Agenda for Council Meeting of .lune 22, 2004 a. Amending the Residential Permit Parking Ordinance (Ord No. 99- O-19; Town Code Section 10-1908, 9(b) and (c), and 18(a)). Nicole Ard stated the number of days before a study will be conducted changed from 15 to 20 days at the request of the Traffic Engineer. There was no Council discussion of this item. b. Making an appointment to the Environmental Advisory Commission Councilmember Zoldos stated that he would like to appoint Ken Reid to the Environmental Advisory Commission effective .luly I to fill a vacancy created by Sandy Kane's upcoming appointment to the Economic Development Commission. There was no Council discussion of this item. 2. .lerry's Ford Sign Replacement - Councilmember Schmidt Bob Sevila, attorney for the applicant, addressed Council. Mr. Sevila stated the town had told his client previously that he could keep the two pole signs on his property; however, if the signs were to change they would have to be removed. He stated recently the Ford Motor Corporation changed their logo and are requiring all of the dealers to change their signs. Further, he stated when this change was submitted to the Zoning Administrator it was deemed to be significant enough to require that the pole sign be removed and as that decision was upheld by the Board of Zoning Appeals the matter is now with the Loudoun County Circuit Court. Mr. Sevila suggested that Council consider an amendment to the Zoning Ordinance giving greater flexibility in situations such as this. Mayor Umstattd asked if Mr. Sevila had drafted language for an amendment to be considered tomorrow night? Town Council Work Session Minutes for June 21, 2004 Page 2 IVlr, Sevila stated he could have language prepared for the first Council meeting in July. Councilmember Zoldos asked when the Loudoun County Circuit Court would consider this case? Mr. Sevila stated a date has not been set for this matter. Brian Boucher stated Council did approve a change to a pole sign recently, but that was because the owner of the business had given property to the town for the Catoctin Circle Expansion Project. Further, he stated Jerry's Ford has two pole signs on their property and the town has removed many pole signs in the town since the ordinance was enacted. Mayor Umstattd verified the reason for the ordinance banning pole signs was aesthetics and under the current ordinance the owner of this property could erect a sign no higher than l0 feet. Councilmember Zoldos stated there is wiggle room to amend this ordinance for this case. A monument sign sitting in that area with cars around it would be difficult to see. He stated he does support the idea of removing pole signs; however, there is some room to allow for exceptions such as the one in this case. 3. Discussion of the 3LMA - Councilmember Zoldos Councilmember Zoldos stated many people have indicated they are not in favor of allowing staff to meet with the property owners surrounding Leesburg Executive Airport. He stated the best way to find the answers that we need regarding the future of this property is to allow the staff to investigate the cost of purchasing it. 4. Authorizing award of a contract to Amliner East, ]:nc., in the amount of $248,518.50 for Sanitary Sewer Relining Projects Randy Shoemaker stated this company has worked with the town in the past:. He stated most of the work for this project is in the Country Club and Prospect Hills areas. Councilmember Martinez asked what sanitary sewer relining is? Mr. Shoemaker stated the contractor will use a fiberglass liner blown into the pipe and then followed by water to expand and provide a coating in the pipe. 5. Ms. Horrocks/Misty Ridge application status Ms. Horrocks addressed Council. She stated she is asking for Council to initiate a rezoning of her property on her behalf. She explained her years of frustration and may attempts to have her property rezoned to a higher density. Councilmember Zoldos asked Susan Swift to explain why staff is recommending that Council not initiate a rezoning of this property. Ms. Swift explained that there is already an application for a rezoning of this property that was submitted by a developer on behalf of Ns. Horrocks last year. She stated although this application is currently on hold, it can be reactivated anytime before September of this year. She stated if Council were to initiate an Town Council Work Session Minutes for .lune 21, 2004 Page application, proffers would not be volunteered and the realities of the site are so limited due to the steep slopes that rezoning it to a higher district would be misleading. Councilmember Zoldos verified the original application was for a rezoning to R-4 and a special exception for a cluster subdivision. Further he stated the applicant requested that this application be put on hold. Councilmember Kramer asked if there is anyway to compromise or to restructure this application. Ms. Swift stated the only options are to reactivate this application or to withdraw it and file a new application. Mayor Umstattd verified Ms. Horrocks would incur additional costs by reapplying. She asked ifa letter would be enough to reactivate this application? Brian Boucher stated the letter would have to take significant steps toward addressing staff's comments on the application. He stated the site is very difficult requiring retaining walls. Further he stated the land is so steep that the slope would have to be cut away to achieve a level grade for roads. Vice Mayor Jackson asked what is stopping a developer from purchasing the property and then asking for a rezoning? Mr. Boucher stated that is essentially what was happening in this case; however, the developer did not want to purchase the property until they were sure that a rezoning would be approved. Mayor Umstattd asked if there are any other places in town where homes have been constructed on a slope as steep as Ms. Horrocks' property? Mr. Boucher stated there are locations in town where homes have been constructed on a slope such as this including the Turner/Wilson property; however, that was rezoned before the Town Plan was amended to protect slopes. Mayor Umstattd verified it is physically possible to build on this property if some of the slope is removed. Further, she stated she has received some emails from citizens opposed to the Council initiating a rezoning for this property. Ms. Horrocks stated the main issue seems to be retaining walls and how many will be required. She stated the Town Plan nor the Town Code address retaining walls, therefore she feels that she has been caught in the cracks for some time. Mayor Umstattd stated any member of Council is free to make a motion to rezone at anytime. Further, she stated unfortunately she will have to follow staff's recommendation on this item. 6. Park and Ride Report Bob Noe stated last week he and Mayor Umstattd met with Loudoun County Supervisors Jim Clem and Sally Kurtz to discuss this issue. He stated the result of that meeting was that both supervisors have agreed to support the Oaklawn site for Town Council Work Session Minutes for .lune 21, 2004 Page 4 the construction of a Loudoun County park and ride commuter lot. He stated staff has spent a significant amount of time working with the county to locate a site for this lot. Further, he stated he believes the owner is still willing to sell. Councilmember Zoldos stated he is surprised about the support for the Oaklawn site because the Potomac Station site can accommodate the park and ride. He stated the issue there is that the approved zoning for that site is for an 110,000 sq. ft. office building adjacent to the parking garage. Further, he stated that is the best site available. Mr. Noe stated if the Potomac Station site is chosen then all the traffic from the west would have to pass through town; however, the Oaklawn site is already located in that portion of town. Councilmember Kramer stated Oaklawn is the best option; however, timing would have to be explored. Mayor Umstattd stated the county's position is that they do not have enough money to construct a parking garage and unless the Potomac Station developer is considerably wealthier, that site would not come on line any sooner than the Oaklawn site. Councilmember Zoldos stated it was his understanding after discussion with Mr. Clark and the Oaklawn developers that the property was too expensive. He asked Susan Swift to address this issue. IVls. Swift stated this site was not considered an option earlier partly because the county didn't have adequate funding for a garage and also because they never had a garage in their plans. She stated there are funding sources that they could pursue if the desire is there. Further, she stated the county's need of 600 spaces was one of the major issues cited by the Oaklawn developers. Councilmember Zoldos stated the county staff has not yet received a letter from the Leesburg Plaza asking to vacate the site. Nicole Ard stated Federal Realty has indicated they are still working with the county transportation staff. 7. Trolley Presentation requested by Councilmember-Elect Horne Marantha Edwards outlined the history of this initiative. She stated when the town originally considered the idea of a trolley, it was determined to be too expensive. She stated the Economic Development Commission is excited about this new option. Further, she stated the cost of the trolley would be approximately $160,000 with 80 percent federal funding, 6 percent state funding and $20,500 from the town. Ms. Edwards stated Staunton operates a trolley similar to the one proposed and has seen ridership increase from 3402 riders in April 2003 to 4272 riders in April 2004. She outlined the proposed route for the trolley, which would transport riders from the Premium Outlets through the town to the Historic District area. Mayor Umstattd verified the Staunton trolley operates on a fixed route as well. Town Council Work Session Minutes for 3une 21, 2004 Page Councilmember Zoldos asked who would own the trolley? Mark McGregor, Virginia Regional Transportation Authority (VRTA), stated the trolley would be owned, housed, operated and maintained by his organization. Councilmember Zoldos verified the trolley would be housed in Purcellville and asked if it would be used nine months out of the year? Mr. McGregor recommended the trolley not be used in December, January or February because of the risk of inclement weather. He stated another VRTA bus would cover the route during those months. There was some Council discussion regarding the option of renting the trolley for special events. Councilmember Kramer asked if the town puts money towards the trolley, would the town have the option to purchase the trolley in the future? Mr. McGregor stated he would be happy to sell the trolley, to the town after its useable life. Ms. Edwards stated the Economic Development Commission would like to establish a trolley subcommittee to address some of these issues. Mayor Umstattd stated it makes sense for VRTA to own and operate the trolley. Further she stated she would like to ensure that visitors are aware of the trolley's availability along fixed routes at normal times. Mr. McGregor stated there would be an additional cost to operate the trolley on weekends. Mayor Umstattd asked what the trolley would look like? Mr. McGregor stated it would look very much like the picture shown to Council; however, it would not have wood trim. Councilmember Zoldos asked if the trolley would be exclusively used by the Town of Leesburg? Mr. McGregor stated it would be for the exclusive use of the town unless Council authorized its use for a special event. Ms. Edwards stated staff would need a show of support from the Council in order to pursue this option. Mayor Umstattd stated the item could be placed on the agenda for tomorrow night. Vice Mayor Jackson stated he would like to consider this item tomorrow. Councilmember Zoldos stated he would like to see some actual figures on cost versus benefit and deficit operating costs. Town Council Work Session Minutes for 3une 21, 2004 Page 6 Mayor Umstattd stated there seems to be three Council members in support of this, two would like more information. Councilmember $chmidt will not be in attendance tomorrow night and it is uncertain whether Councilmember Buttery will be there. She stated if the item goes to the 3uly I agenda that Council should have at least four members in support. Mr. McGregor stated in order to qualify for the grants, the trolley would have to be on line in October, therefore Council should act as quickly as possible. Vice Mayor Jackson asked how will VRTA will get funding for the trolley? Mr. McGregor stated for every dollar of operation 50 cents will come from the federal government, 25 cents from the state and 25 cents from the town, which has already been appropriated in the budget. Mayor Umstattd stated she is confident that the new Council will have majority support for this project. She stated there are three Councilmembers who are supportive at this time and two who would prefer to wait. She asked Mr. McGregor when he would need a vote from Council? Mr. McGregor stated .luly I would be fine. Mayor Umstattd stated the .luly 1 meeting is normally an organizational meeting and no other matters of business would be considered and the first meeting of the new Council to do normal business would be .luly 13. Councilmember Zoldos verified the trolley must be ordered before the end of the fiscal year; however, it would not be operational until next spring. Karen Jones, Chairman of the Economic Development Commission, asked Council to give their support tomorrow. Mayor Umstattd stated she does not know who will be in attendance tomorrow. She stated Councilmembers Schmidt and IVlartinez will not be in attendance and it is not clear if Councilmember Buttery will be at the meeting therefore, it may be best to go forward with a vote tonight. Vice Mayor .~ackson stated he is not against this project; however, he does like to be fiscally responsible with the taxpayers money and would like to see some additional figures tomorrow night. Mayor Umstattd stated she would be willing to put this issue to a vote tonight. Councilmember Zoldos stated Council does not normally vote at worksessions. Mayor Umstattd stated it is not illegal for Council to do so. She asked for a motion to approve this project. Councilmember Zoldos stated he would just like to see some additional cost estimates before voting on this item. He stated he is not against this project; however, he feels more information is needed. Town Council Work Session Minutes for .June 21, 2004 Page ? A motion to approve the trolley was made by Councilmember Kramer, seconded by Councilmember Martinez. The motion was approved by the following vote: Aye: Kramer, Martinez and Mayor Umstattd Nay: ~lackson and Zoldos Vote: 3-2-2(Butteryand Schmidtabsent) Vice Mayor Jackson stated he is not opposed to this project; however, he would like a clear understanding of the fiscal impact before supporting it. Further, he stated he does not believe it is right to vote at a worksession to get an item passed. Mr. McGregor stated based on the current operating costs it would cost the town approximately $25,000 per year to operate one of the busses. Currently the town funds VRTA at $72,000 which represents the two fixed route busses in Leesburg and one Safe-ToRide bus. Vice Mayor Jackson stated he would have liked that information before the vote was taken. Councilmember Zoldos stated is he concerned how the funds would be budgeted. Preview Ttems for 3une 12, 2004 worksession None 10. New Business Tom Mason addressed Council. He stated the bids for the traffic signal at Tolbert Lane and Evergreen Mill Road have come in higher than expected. He stated the town would need an additional $130,000 to fund this project. Further, he stated that he has spoken with Terry Laycock from Loudoun County who believes that the additional funds can come from the increased Gas Tax funds. Mr. Mason stated the only downside is that staff is not sure if this increase will be included in or outside the normal 20 percent given to the town. Further, he stated the turn lanes should open around the beginning of the school year. The meeting adjourned at 9:07 p.m. 2004_tcwsmin0621 rk of Council