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HomeMy Public PortalAbout2004_08_09Council Work Session August 9, 2004 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Coun¢ilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Horne, Melinda Kramer, Marry Martinez, Bob Zoldos and Mayor Umstattd. Councilmembers Absent: None. Staff I~lembers 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 the Office of Capital Projects Nagi Elsewaissi, Director of Utilities Randy Shoemaker, Human Resources Director Dona Wolf Zoning Administrator Brian Boucher, Chief of Engineering Paul Gauthier, Senior Planner Chris Murphy, Tourism Coordinator Marantha Edwards, Management Tntern Lindsey Kennedy, Management Tntern Tami Watkins, and Assistant to the Clerk of Council Debi Parry. AGENDA [TENS Mayor Umstattd invited Mr. Brett Phillips, Editor of the Leesburg Today, to address Council regarding an incident that he observed. Mr. Phillips read the following report into the record: T called the Leesburg Police Department non-emergency number at approximately 1:06 p.m. Tuesday, July 27, 2004 to report a white Yugo parked in front of 9 West Market Street, actively leaking gasoline into the gutter of Market Street from what appeared to be a leak in the gas line. The individual with whom T spoke asked me on which side of West Market Street the vehicle was parked, and T told her parking was only allowed on the south side of West Market Street and that the vehicle was parked on the south side of West Market Street facing east. My concern was that, when this vehicle was started by its owner, an explosion could ensue. Tn explaining the situation to the talk taker, T certainly had no earthly idea she would view it as a non-urgent call. This was not a call made to 911. T specifically called the non-emergency number so the Leesburg Police could send a unit to investigate whether fire apparatus should be dispatched, and could run the tag on the vehicle to determine its ownership. If there was some doubt about the specifics of my call, the LPD certainly had my phone number and could have telephoned me. After speaking with the call taker, ! went back to my office and got Leesburg reporter Andrew Parker. ! asked him to get a camera. ! took him to where the car was parked and asked him to stay there until a cop showed up. He noted the time that he began this surveillance as 1:01 p.m. based on use comparing the time shown on my wristwatch, which runs 5 minutes fast, and the time shown on the wall clock in the editorial department. Andrew noted that a female got in the car at 1:15 p.m. and drove it away. No police had shown up during the 14-minute surveillance period. Town Council Work Session Minutes for August 9, 2004 Page 2 The letter to the editor from Beverly Hubbard specifically said that she was visited by a Leesburg Police officer, who did not leave a business card, on Thursday July 27 at her place of business, Leesburg Restaurant, which was two days after my initial report to the call taker. The owner of the restaurant specifically said that the officer told him an employee of Leesburg Today had filed a complaint that a vehicle was leaking oil somewhere near the Leesburg Today building, which is at I East Market Street, a block from the very specific location T gave the police call-taker. That raises yet another question: even if this officer had been telling the truth to Ms. Hubbard, which he wasn't, is it the habit of the police department to give out the names that the complaint originated with Leesburg Today, and, if that officer knew the source of the original report, how on earth could he have so completely botched the detailed nature of the complaint? Had it not been for Ms. Hubbard being so upset at Leesburg Today that she wrote a letter to the editor we would never have known that the Leesburg Police Department had utterly misrepresented the nature, time and specifics of the public safety call made by me. Yet this same department did manage to secure enough information about the source of my call, which was made on a cell phone, not on our landlines, to have identified the cell phone number as belonging to a phone owned by Leesburg Today. T am asking this Town Council to request a full investigation of this incident by the Virginia State Police in order to determine whether there was criminal activity in the manufacture of a false police report by the individuals involved in this incident within the Leesburg Police Department. ! am also asking you to order all records related to this matter to be seized immediately by the state police in order to preclude them from disappearing. These would include paper or electronic records of my initial phone call, paper or electronic records of any dispatches made as the result of that call, paper or electronic records showing how this incident migrated from the call taker to the officer who showed up two days later, and paper or electronic records showing every individual within the Leesburg Police Department who was made aware of this incident, when they were made aware and what their role was in its disposition. Moreover, it is my request that the results of the state police investigation to be made fully and completely available to the public. Among the questions begging exploration is exactly how the on-duty Leesburg Police shift was deployed at the time of my telephone call, and what "emergencies" were ongoing that, in the judgment of the call taker, were more urgent than an automobile leaking gasoline into a public gutter on a public street in the middle of the Historic District. Another question begging for an answer is exactly what the call taker did with the call when it was made. Tf it was dispatched, to whom and at what time? !f it was not dispatched, why not? How was this handled, from the moment of the call until the cop showed up in the wrong place with the wrong information two days later? This is one case where there is no "he said, she said" to be sorted through. There are witnesses at every step in this incident, and ! am fully confident in the professionalism of the police to sort out exactly what happened. !t should not be beyond the scope of this Council to think for a moment about what would have happened if that lady had gotten in that car and started it up, and it blew up, killing her and setting the downtown afire. How would this Town Council respond to that series of events? !f ! were you, !'d be contemplating right now how Town Council Work Session Minutes for August 9, 2004 Page 3 fortunate you are that you are not wrestling with that very mess. But if this is the way your police department is run, how long do you think it will be before you are dealing with something like that? Our newspaper has repeatedly reported both its own observations about the poor coverage of downtown Leesburg by the Leesburg Police Department, and the complaints of downtown businesses and citizens of this town on the same subject. Whether the LPD's handling of this latest incident is related to that newspaper coverage is a question that may very well wind up in front of a civil jury. ! will not go tonight into the accumulated incidents involving our newspaper's staff and your police department, but T can assure you no rational jury would find them a testimony to the professionalism of an agency on which the public relies for its safety. This is not about the individual street cops, some of whom we have known for years and fully respect. This is about management of the department, right to the top. ! have asked our corporate legal counsel to be in touch with the Town Manager's office to arrange for our participation in this investigation, and to determine whether, in his judgment, this matter is being handled correctly by the town. Agenda for Council Meeting of August 10f 2004 a. Endorsing the proposed amendments to the Northern Virginia Regional Commission Charter Agreement regarding the provisions on representation and voting. Mayor Umstattd stated the commission was growing to the point that there were 44 board members with a projected 5:~ members by 2030. She stated the board is asking that all town, city and county governments endorse this charter amendment to allow for a reduction in membership; however, Leesburg would maintain its one seat. Further, it would also establish a citizen's committee to support the commission and the respective governing bodies would ask that the appointee to represent each locality would be the chair unless the governing body elects another member to represent the locality. There was no Council discussion of this item. b. Commuter lot appeal - TCA-2004-0:t - Loudoun County Susan Swift stated staff received a letter from Mr..lohn Clark, Loudoun County Director of Transportation, withdrawing their appeal. There was no Council discussion of this item. c. Directing the Town Manager to expedite the completion of the Town Hall Addition on Loudoun Street Mr. Noe stated a member of the Council had requested that this item be placed on the agenda. He stated the last direction from Council was to select an architect for the project and to proceed; however, because of recent discussions some felt it would be better to have another vote. Mr. Noe stated the resolution confirms the action already taken by Council and the track that the staff is following. Town Council Work Session Minutes for Auqust 9, 2004 Page 4 Councilmember Zoldos stated he is opposed to this expansion. He stated the cost would exceed the $7.3 million estimate and the town should not be competing with other commercial owners. Councilmember Zoldos asked if the contract for construction drawings has been approved? Mr. Noe stated the architect has not yet proceeded to the construction drawings; however that is part of what they were retained to do. Councilmember Zoldos asked the cost? Mr. Elsewaissi stated the total design contract was approximately $49:~,000. He stated they have completed the design and development phase and have been authorized to begin the construction drawings. Councilmember Zoldos asked who authorized them to move forward? Mayor Umstattd verified the former Council approved this. Mr. Noe stated Mr. Elsewaissi questioned the authorization for construction drawings and based on the last Council action he directed him to proceed. He stated this has been to the Council numerous times our past several months and there has not been a vote to stop the effort. Councilmember Zoldos stated he has asked several times that he be notified when the construction drawings were to be brought forward. He asked how staff could spend $491,000 without Council approval? Mr. Elsewaissi stated there was Council approval to award the whole contract, the design development plans was only a portion of that. Councilmember Zoldos asked if staff's position is that Council has already approved the $7.3 million? Mayor Umstattd stated when Council members suggested changes to the design there was a vote to increase the authorized amount of the contract from about $300,000 to $491,000. She stated that vote was 4-3 with Councilmember Zoldos, former Vice-Mayor Jackson and herself opposed. Mr. Elsewaissi stated the contract was for $480,000 in addition to change orders in the amount of $11,000 totaling $491,000. Further, that contract was approved by Town Council and that contract is what will supply the town with the construction drawings. Councilmember Hammler stated Mr. Ted Kalriess is a cost consultant and construction management expert who also serves on the Planning Commission. She stated Mr. Kalriess has been working with Mr. Elsewaissi to review the proposed cost and would like to present his findings to Council. Ted Kalriess, 708 Bellview Court, addressed Council. Mr. Kalriess stated he has no opinions regarding the expansion; however, the town's staff is very hardworking and deserving of good office space. He explained that since the Town Council Work Session Minutes for Auqust 9, 2004 Page Council received the $7.5 million estimate in .lanuary the country has experienced a dramatic increase in construction materials and the actual cost of the Loudoun Street addition would be somewhere closer to $8.5 million. Mr. Kalriess stated constructing a smaller building to serve only the staff needs could save the town as much as $2 million. He stated it would not be advisable to cut back costs by reducing the architectural appeal of the building's fa~;ade. Further, he stated his support for the addition stating that staff will need the additional space. Councilmember Hammler stated it is important that we as a local government not get involved in leasing retail space; also it does not solve our need to provide office space. She stated Council could have done a better service to the staff and residents had the design encompassed only what is needed by the employees who will move to the building. Further, she stated given the timing issues with the project she would prefer for Council to wait until the new town manager takes office before proceeding with the project. Councilmember Hammler stated Council should consider such initiatives as outsourcing IT and constructing kiosks for tourism information to reduce the amount of space needed. Councilmember Hammler asked Mr. Noe to comment on the potential to increase the tax rate to reimburse the Utilities Fund and also to fund the $8 million Capital Tmprovement Projects in the next year? Mayor Umstattd stated two to three years from now is when the increase would be needed. Mr. Noe stated Council needs to approve a two-cent increase in real estate taxes just to support the operating budget. He stated the debt service on this building will probably be two or three-cents; however, the longer we wait the more expensive it will be. Councilmember Hammler verified the town is looking at a two-cent increase for the operating budget and three-cent for the building. Mr. Noe stated this year he recommended that Council raise the tax rate by five-cents; two-cents for the operating budget and three-cents for the Loudoun Street addition even though the town would not pay debt service for two to three years. Mayor Umstattd verified the increases discussed by Mr. Noe did not include the debt service for the $8 million in Capital Tmprovement Projects, which could require an additional two-cent increase. Councilmember Hammler stated Council needs to set the tax rate now and then move forward. She stated according to projections we could serve the needs of staff well into 2013 with a 10,000 square foot building. Mayor Umstattd thanked Mr. Kalriess for his advice. Town Council Work Session Minutes for Auqust 9, 2004 Page 6 Mayor Umstattd stated the resolution set forth for tomorrow night would not change anything from a legal standpoint; rather it is a statement of support for the project. Councilmember Hammler suggested waiting until the new town manager takes office to allow for his/or her analysis of the space needs. Mayor Umstattd asked if it is possible to terminate all further work on the construction and design drawings under the contract? Mr. Elsewaissi stated it is possible to terminate the contract; however, if the contract is terminated the town would loose the monies invested so far and will be left with an unfinished project. He stated his recommendation would be to continue with this current project. Councilmember Hammler asked what is the point of the resolution? Mr. Noe stated some members of Council requested that a resolution be placed on the agenda to get a better idea of Council's position. He stated staff is still operating from an approved resolution and until Council asks that the project be halted staff will continue to expedite the process. Vice Mayor Martinez stated if the Town Manager and Mr. Elsewaissi are moving ahead with the current resolution from the Council, and then the resolution proposed for tomorrow night is a mute point. Further, he stated this project has been going on for too long and should move forward because the town staff is currently working under conditions that are not acceptable by the Federal Government standards. Mr. Elsewaissi stated when the addition is completed it will be at 75 percent occupancy. He stated this is the least expensive building that we can construct and the final design was decided after three to four years of discussions with staff, Council and the public. Councilmember Martinez stated one of the advantages of the new addition is that the departments to be relocated will be sharing resources and it will make it easier to collaborate with each other. Councilmember Hammler asked staff to report back to Council with the number of employees that have been hired since Mr. Noe joined the town. She stated she has reviewed the history of the project and found that staff began this project by trying to solve the problem of space needs and from there the project has gone out of control without fully analyzing the impact. Further, she stated it is her belief that waiting for a new Town Manager to review this project is important. Councilmember Zoldos stated the true question is will Council be willing to vote in favor of a five-cent tax increase next year. He stated every million dollars spent increases the debt service by $80,000. Further, there are many more capital improvement projects that are needed before this project. If Staff were to consult an expert in space management they would find that there are still several conference rooms that could be converted to office space. Town Council Work Session Minutes for Auqust 9, 2004 Page ? Councilmember Horne asked that staff examine the option of a public/private partnership with a developer who will work with the town in creating a project where the town is the anchor tenant. The developer would shoulder much of the burden; however, the town could contribute on an as needed basis as we take up additional space. Further, this could still be placed on Loudoun Street and after 20 years the town would own the building. She stated she has had discussion with people who have indicated that this would be an economically viable option. Additionally, the section of the building, which connects to the Loudoun Museum, should be looked at as an "add-on" and not as a core part of the project. She stated the county should be looked to as a key participant in funding that portion of the project. Further, Council should not obligate them to a five-cent tax increase for this project when we have no idea what our budget and revenue projections will be down the road. In conclusion, Councilmember Horne stated 30 years ago former Mayor Kenny Rollins had the vision and foresight to expand the water treatment plant to meet the future needs of the Leesburg residents. She asked if Council wants to be visionary in this approach and see the economic vitality of that portion of the historic district continue to grow. Mr. Noe stated this is not a project out of control; rather it is creeping along at a miniscule rate. He stated staff has come to Council at every step of this project. Vice Mayor Martinez stated there is no way for staff to forecast what the budgets will be. He stated Council has already committed to this project and it needs to move forward. Further, staff will continue to grow and we need space now. Councilmember Burk verified as of now the architect is poised to move forward with the construction drawings. Further, she asked that staff consider Councilmember Horne's suggestion of a public/private partnership. :It was the consensus of Council to remove this item from tomorrow's agenda. Councilmember Zoldos stated if Council spends this much money $640,000 will be added to the debt service each year for the next 30 years. Councilmember Martinez stated there are other options to explore for funding this building that do not include property tax increases. Mayor Umstattd commented on her concern that putting a government building on Loudoun Street would not vitalize the downtown or the overall tourist experience. She stated if our goal is to have retail on Loudoun Street to Wirt Street then we should rely on the private sector for development. Further, she does not believe that morale would suffer if we looked for cheaper office space elsewhere in town. Town Council Work Session Minutes for August 9, 2004 Paqe 8 Mayor Umstattd stated the private sector would build this more economically. She stated she has further concerns with funding the expansion with Utility Funds because if the fund is doing that well then we ought to lower the water and sewer rates to the residents. Further, she is concerned about the architect's proposal to use one part of the parking garage to stage their equipment, as parking is already a problem in the downtown. 2. Waterside at Leesbur§ Sally Gillette, attorney for the applicant, addressed Council. Ms. Gillette explained the need for a town-initiated amendment to the current 1997 Town Plan. She stated the amendment is needed because the Greenway is expected to extend from the bypass north to Catoctin Circle and run through their development. At their initial meetings with staff two years ago there were no objections; however, as time went on they could not come to an agreement with staff regarding the scope of the traffic study. Councilmember Zoldos asked where the Greenway would join Catoctin Circle? Ms. Gillette stated no specific location has been identified; however, Harrison Street would be re-routed to intersect with the Greenway extension so that instead of Harrison Street intersecting with Catoctin Circle, the Greenway traffic would merge with Harrison Street and travel north to Catoctin Circle. Further, she outlined the location of Waterside at Leesburg stating it would be adjacent to Izaak Walton Park. Ms. Gillette outlined the history of the Greenway extension stating it was originally included in the 1996 Town Plan. She stated in 1999, the town commissioned a study which concluded that the extension should remain in the Town Plan because it would improve traffic flow in the town through the year 2010. Further, this study listed several concerns including traffic control; environmental impact to the Town Branch, Tuscarora Creek and the Floodplain, adequate intersection spacing with Catoctin Circle; high construction costs; ramp design and construction at the bypass; rerouting the existing Harrison Street; and preserving the bridge on Harrison Street. Ms. Gillette stated the Virginia Department of Transportation included the Greenway extension in their 2016 study prepared in :[996; however the extension is not included in the Virginia Department of Transportation's 2020 plan for the town. She stated this seems to be conclusive evidence that the town had intended to remove this extension from its transportation planning. Mayor Umstattd stated she recalls that the town made no written objection to VDOT's removal of that extension in its 2020 plan. Ms. Gillette stated the town endorsed VDOT's 2020 plan by resolution 99-345 in November of :[999. She stated Council endorsed the plan with several amendments despite the fact that the plan stated the terminus of the Greenway extension at the Bypass was consistent with local plans. Further, she outlined ways in which the Dulles Greenway extension conflicts with other elements in the :[997 Town Plan. In conclusion, Ms. Gillette stated a town-initiated amendment to the Town Plan is appropriate due to the regional scale involved in the traffic study. She outlined the scope of this study stating the roads are very regional in scale and Town Council Work Session Minutes for August 9, 2004 Page 9 would become a matter of public interest. Further, Trip 1~! has indicated that they have no plans to construct this extension to the Greenway. Vice Mayor Martinez verified the applicant is requesting that the town conduct this study. Ms. Gillette stated the reason they have come before Council rather than going through the normal processes is that the developer has an impending deadline for purchase of the property and the viability of this proposed development is dependent on the removal of this Greenway extension from the Town Plan. Vice Mayor Martinez stated his concern that the town should not have to absorb the cost for removal of this extension from VDOT's or Trip !!'s plans. Ms. Gillette stated this is not a VDOT issue. She stated Trip I1 has written a letter stating they would prefer that this extension not be removed from the Town Plan. Further, she stated the Town Attorney has reviewed the Greenway agreement and has determined that the extension could be removed. Bill Donnelly stated he has not be asked for his opinion on whether the extension could be deleted consistent with the town's agreement with the Greenway. Susan Swift stated at their initial meeting in 2002 staff felt that perhaps the Greenway extension could be deleted as it may not be needed until way into the future. She stated at that time staff received letters from VDOT, Trip TT and the town's engineering department stating a traffic study would need to be done to determine where the traffic would go if the extension was removed. Mayor Umstattd stated the Greenway already has its terminus on the bypass, and questioned where would these additional cars come from? Ms. Swift stated the Greenway has projections for the number of cars that will travel on the Greenway to the proposed terminus at Catoctin Circle. Those trips will have to go somewhere and the purpose of this study is to determine where they will go. Further, all Town Plan amendments to remove a street require a traffic study. Ms Swift stated staff has met with the applicant many times regarding the traffic study. This study is considered to be a minimum application requirement and staff has repeatedly asked for a study to be submitted. Further, she stated it is inappropriate to circumvent the requirements on the books. Ms. Swift stated there are other applications currently with the town, which are similar and they have submitted their traffic studies. Further, the effected roads are regional; however the Town Plan amendment is requested in this case for private benefit and the traffic study should not be done at the expense of the taxpayers. Paul Gauthier stated it is not really appropriate to state that the Greenway will end at Catoctin Circle, rather there will be two ramps that will extend down from the Greenway to Catoctin Circle. He stated the Greenway as well as the engineering staff have expressed a desire to keep this option for an extension open. Further, the concern is that without the extension, traffic headed downtown will have to exit at the bypass then exit at South King Street and there are no other options for making improvements here. Town Council Work Session Minutes for August 9, 2004 Page 10 Mr. Gauthier stated this issue has come up before and at that time the Council decided to leave the option open. He stated it has always been included in all town documents. Further, he concurred with Iris. Swift that the developer should fund and provide the appropriate traffic study with their request for the Town Plan amendment. Mayor Umstattd asked if the proposed plan states that the ramps would cross this property as undeveloped? Chris Murphy stated the ramps would come off the Greenway at the bypass and travel north to intersect with Harrison Street before Catoctin Circle. Harrison Street then becomes these ramps and intersects with Catoctin Circle at its existing intersection today. Councilmember Zoldos verified the ramps would not go through Brandon Park. Mr. Murphy stated the road would go through the eastern third of the project, therefore it would not work. He stated if the road is to be removed, the ramifications of that need to be analyzed. Further, if we allow this project to go forward, we would not be able to construct this road when it is needed. Mayor Umstattd asked staff to provide Council with an approximate cost for this study. Councilmember Kramer stated if the town has these regulations in place the town cannot be in the business of funding studies for every developer that submits an application. Further, she stated that she would like to see further information regarding the project. Councilmember Burk stated it would be irresponsible to remove any road without a study and would oppose the town paying for the study. Councilmember Home stated she would not want the town to fund the study; however, she is open to their proposed use of the land. Councilmember Zoldos stated Council should respect staff's view that the road should not be removed from the Town Plan. Further, the town should not pay for the traffic study. Councilmember Hammler stated Council needs to be respectful of the fact that the applicant does have a business decision to make and we should be careful to communicate what the town needs are so that a decision can be made effectively. Mayor Umstattd verified there would be two ramps intersecting with Catoctin Circle versus the full width of the Greenway. She asked how Council approved the VDOT 2020 plan which removed the Greenway extension? Mr. Gauthier stated that might have been an error of the staff. Further, he stated staff would like to keep this option open until a study is presented which states the extension of the Greenway is not needed. Town Council Work Session Minutes for August 9, 2004 Paqe ! 1 Mayor Umstattd stated the private sector should fund the study. She stated she likes the proposed development and if the study so indicates would be in favor of removing the extension from the plan; however the study should not be done at taxpayer expense. IVls. Gillette stated this study entails many regional roads and would be a huge undertaking. She stated she has repeatedly asked the town to provide her with any data that currently exists and may be helpful in this undertaking; however, staff has responded that they will not share this information. Ms. Gillette stated she understands that Council would like to see this road studied at no cost to the town; however another developer will come along for this property and it is her hope that they will get more cooperation in terms of data sharing. Mr. Gauthier stated any information the town has is public information and is open to anyone who needs it. Ms. Swift stated the town does not have its own model, we have always used VDOT's. This is not a case of refusing to share the information, we simply don't have it. 3. Request for Boundary Line Adjustment - 3. R. Festival Lakes Mr. Noe stated .1.R. Festival Lakes has come to the town stating they would like to develop. He stated the property is surrounded by homes who receive water and sewer from the town. Jim Wordsworth, owner of ~1. R. Festival Lakes, addressed Council. Mr. Wordsworth stated he purchased this property in 1982. He stated at that time he spoke with the town about providing septic service by way of a private contractor installing underground tanks in a system referred to as pump and haul. Further, he stated the idea of this arrangement was that when sewer service is offered at the property line, he would be asked to connect with it. IVlr. Wordsworth stated his property is now completely surrounded by residential and he is being squeezed out by these houses and vandalism. He stated it is his desire to develop this property and relocate to another part of Loudoun County. Further, he stated he has been told that utilities cannot be extended to his property without a boundary line adjustment. Mr. Wordsworth asked for Council's support of this request. Mr. Noe stated it is reasonable to expect that there would be residential development on this property. He stated Council has the prerogative to extend utilities without a boundary line adjustment; however, he would not recommend doing so. Further, this is an appropriate residential use and the property should be brought into the town and utilities extended. Vice Mayor Martinez asked what could be done to protect the Little League Field? Frank Sutliff, representative for Festival Lakes, addressed Council. He stated the Little League would be included in the rezoning and boundary line Town Council Work Session Minutes for Auqust 9, 2004 Paqe 12 adjustment to extend utilities. Vice Mayor Martinez verified the Little League Board has not been formally approached regarding this issue. Councilmember Burk asked if the Little League owns the field? Mr. Sutliff stated the land for the park was donated to the Little League by Mr. Wordsworth and his partners. Councilmember Horne thanked Mr. Wordsworth for his contributions to the community and stated that she would support his request. Councilmember Zoldos recommended that Council authorize staff to begin negotiations with Mr. Wordsworth for the boundary line adjustment and the extension of utilities. Further, he thanked Mr. Wordsworth for his contributions to the town. Councilmember Hammler stated it is important to examine the costs associated with extending the utilities, the revenues that the town will receive and the additional policing efforts. Mr. Noe stated the developer would fund the cost of the sewer extension. Further, he stated at this point staff does not know what the zoning would be for this property, therefore we could not analyze the revenues that would be received nor what the police implication would be. Bill Donnelly stated he has a legal concern regarding the precedent that this might set. He stated there are excellent arguments as to why this particular application would be different from other properties that are adjacent to the town. He stated the Peterson property adjacent to the airport has requested to come in by boundary line adjustment so they can receive town utilities. Councilmember Kramer asked if an exception was made for this request, what would be the precedent that Council could point to? Mayor Umstattd stated it is hard to take a position against Mr. Wordsworth; however, she shares the Town Attorney's concern. She stated she does not agree with the staff's opinion that the precedent was set when the utilities were extended to River Creek because that was an agreement that was made in 1992. Further, she stated the town has tried to be consistent in only extending utilities for public uses with a boundary line adjustment. Mayor Umstattd stated the only thing that could possibly set this apart would be the language in the Annexation Area Development Policies stating .1.R. Festival Lakes could be required by the town to connect to town utilities when they became available. Mr. Sutliff stated at the time of the annexation agreement this was the only active piece of property in this area. He stated in the early 90's there were major agreements between the town and county at which time the town was given control of utilities west of Goose Creek. Town Council Work Session Minutes for August 9, 2004 Paqe 13 Councilmember Zoldos stated the town is currently serving all of the communities surrounding .1. R. Festival Lakes and he concurs with the Town Manager that the precedent has been set. Mr. Sutliff stated as the property is surrounded by town utilities it only makes sense that utilities provided to the property would be from the town. Further, the Loudoun County Sanitation Authority is actually prevented from extending the utilities. 4. Northeast Leesburg Street :]:mprovements Nagi Elsewaissi stated three barricades currently exist, one at Washington Street, one at Queen Street and one at Catoctin Circle. He stated these barricades were installed when Exeter Hills was redeveloped in 1995 because these streets did not meet the safe street width criteria based on future traffic projections. Further, a :~995 study recommended that all of these streets be connected and staff has done evaluations regarding what safety improvements are needed including street widening, sidewalk installation and the installation of two traffic circles at Catoctin Circle and North Street and at Catoctin Circle and Marshall Drive. Mr. Elsewaissi stated final design is currently underway and staff anticipates advertising for bids in the spring of 2005 with construction beginning in the summer. Councilmember Zoldos asked Mr. Noe's why he recommended removal of all the barriers except on Catoctin Circle? Mr. Noe stated that in discussions with Chief Price he has found that in the interest of public safety the barricades should be removed, except for Catoctin Circle. He stated Catoctin Circle could not handle the increased traffic without i m provements. Arnie Foye, 775 Gateway Drive, addressed Council. Mr. Foye stated he is new to Loudoun having just moved from Fairfax Circle. He discussed some of the issues faced by the City of Fairfax regarding the installation of traffic circles and recommended that Council not install them in the town. Tom Koch, 115 Washington Street, addressed Council. He urged Council not to remove the barricades. He stated the neighborhood has speeding problems even with the barricades in place and often children and pets are playing in these roads. Suzanne Arthur., 412 Blue Ridge Avenue, addressed Council. She stated the residents have talked about the original survey and asked why the streets are being addressed individually rather than the community as a whole? Mr. Elsewaissi stated the two main roads, which were predetermined to require sidewalks are Catoctin Circle and Washington Street. He stated the other streets will see a minimum impact if all barricades are removed at the same time. Further, he stated the survey asked questions regarding street parking and staff felt it was beneficial to let the residents of each street decide if and how much street parking should be allowed in front of their homes. Ms. Arthur asked if staff is planning to install four-way stop signs at all intersections in the neighborhood? Town Council Work Session Minutes for August 9, 2004 Page 14 Mr. Elsewaissi stated staff is proposing the installation of traffic circles on Catoctin Circle as studies have shown that they reduce speeds by 15 percent if designed correctly. He stated in order to install stop signs streets have to meet certain criteria regarding traffic volumes. Ms. Arthur stated there are also drainage issues on all of the streets and asked if these would be addressed? Mr. Elsewaissi stated the drainage issues would be fixed on all streets by the proposed improvements. Ms. Arthur asked in what year was the original traffic study done? Mr. Elsewaissi stated the traffic study was completed in 1995 based on future projections. IVlr. Arthur asked if the projections are still accurate considering Leesburg is the fastest growing town in the state and the Leesburg Town Center is being constructed less than a block from this neighborhood. Mr. Elsewaissi stated the study is accurate based on numerous criteria. Gigi Robinson, Prince Street, addressed Council. She stated on January 27, 2003 Council authorized the improvements for the Lowenbach Subdivision. She stated in March of 2004 the residents of this neighborhood came before Council again asking that these improvements be completed and the barricades removed. Further, she urged Council to move forward with this project to bring these much needed improvements to the residents. Brad Bailey, 610 Blue Ridge Avenue, addressed Council. He stated since the 1995 traffic study there has been a large turnover of ownership in the neighborhood. He stated his concern that the improvements will restrict parking on the streets and displace residents. Further, he asked that the traffic study be revisited. Peter Wimer., 118 Queen Street, addressed Council. He stated his opposition to the removal of the barricades. He stated the children play in the streets and there have already been instances of families walking in the street being pushed off the road by speeding drivers. Further, he asked that a new traffic study be done before any improvements are made to the neighborhood. Wendy Overton, 217 Catoctin Circle, addressed Council. She stated she is new to the neighborhood and therefore her opinions were not reflected in the survey. She expressed concern for where the neighborhood children will play if the barricades are removed. She stated even the neighborhood children are concerned and asked Council to not move forward with this project. Councilmember Kramer stated Council had discussed this for a long time and the decision to move forward has already been made. Councilmember Burk stated the proposed Catoctin Center behind Giant would have a through street between Catoctin Circle and Plaza Street, which should eliminate some of the potential traffic the residents are concerned about. Town Council Work Session Minutes for Auqust 9, 2004 Paqe 15 Mayor Umstattd stated the last action by Council was to open the streets and another action would be required to change that. She stated her understanding is that staff is recommending the barricade at Catoctin not be removed because it would have to carry an unfair burden of traffic. Further, she asked Mr. Elsewaissi for the projected timing on this project. Mr. Elsewaissi stated by next summer the design will be started and four to five months into the construction the barricades could be removed. He stated staff would like to keep the barricades in place until the improvements have been made, Councilmember Horne stated all the barricades should be removed at the same time so the streets can share the traffic. She stated she is very sympathetic to the residents concerns regarding the ambiance of the neighborhood and suggests implementing traffic calming measures after the streets open and to provide safe pedestrian access via sidewalks. Councilmember Zoldos stated the improvements would enhance the neighborhood and allow the children to play on the sidewalks instead of in the streets. He stated the barricades are a hindrance to fire, rescue and law enforcement personnel in responding to emergencies. Further, he stated it has always been the intention of the town to remove these barricades. Councilmember Hammler stated she is sympathetic to the residents concerns. She stated after receiving a call from a resident of Loundsberry Street a "Child at Play" sign was installed and has had a positive impact on the speeding issues there. Further, she concurred with the other Councilmembers that the barricades do need to be removed. Mayor Umstattd stated she too is sympathetic to the citizen's concerns and invited them to address Council again tomorrow night, 5. Southwest Leesburg Traffic :~ssues Councilmember Zoldos stated Mr. Hub Turner addressed Council in April regarding a petition to rescind Resolution 2003-165 which added the two stop signs on Meade Drive. He stated as a result traffic has increased significantly on Country Club Drive and Bradfield Drive. Further, he stated he plans to make a motion tomorrow night to rescind Resolution 2003-165. Councilmember Horne stated she would support this action. Councilmember Hammler stated she has heard first hand from residents regarding this issue and asked that staff be allowed to comment. Councilmember Horne stated there was a report prepared by the Standing Residential Traffic Committee regarding this issue and suggested it might be helpful to review it. Tom Mason stated he would provide Council with copies of the committee's recommendation. He stated staff's position has been that these intersections are too close to the other intersections that are already controlled and there needs to be a certain distance between the stop signs as outlined in the Residential Traffic Management Plan. Town Council Work Session Minutes for August 9, 2004 Page 16 Councilmember Hammler stated we're dealing with neighborhoods becoming throughways to major corridors and need to decide on a policy to calm and slow down this traffic. Mr. Mason stated the town has a Residential Traffic Management Plan which has a number of tools in it used by the Residential Traffic Committee. Mayor Umstattd stated we have often discussed speed humps and asked if any have been placed in the town? Mr. Mason stated the town has not needed to take that step as of yet; however, we are planning to install traffic circles at Marshall Drive and North Street. Further, you need a wide intersection to accommodate this. He stated perhaps this could be done on Meade Drive, if that is Council's desire. Mr. Mason stated staff is trying to put together a more comprehensive traffic study to get a better idea of what the volumes are on each of the roads. Mayor Umstattd stated she and Mr. Turner have discussed the installation of speed humps, which is her preferred solution. She stated Mr. Turner does not prefer this solution; however, it seems the best way to reduce traffic on Bradfield Drive. Councilmember Horne stated there are five stop signs in a quarter mile span of Meade Drive. She stated the decision to add two to the existing three stop signs was made in more of an emotional state without looking at the impact on the surrounding neighborhoods. Further, she stated South King Street is the only option for all traffic to get to the other side of town. Councilmember Horne stated the Standing Residential Traffic Committee was created with the express purpose of proposing policy to have in place for Council consideration when traffic calming actions are requested. She stated the action taken by this Council naturalized the work that these citizens had put many months into creating a plan that would give Council some guidelines. Councilmember Zoldos stated the two stops signs he is referring to are on Longhill Court and Fairfield Way, which did not meet the criteria for stop signs. Further, these two stop signs are unnecessarily impeding traffic flow. With regard to the committee, they make recommendations, only Council can set policy. Hub Turner., Bradfield Drive, addressed Council. Mr. Turner stated the problem is that the Residential Traffic Management Plan, approved by Council, was not imposed when these stop signs were installed. He stated because of this action by Council, Bradfield Drive is now used as a cut through and the traffic burden has been transferred from Meade Drive to Bradfield Drive. Sandy Kane, Standing Residential Traffic Committee, addressed Council. Ms. Kane stated the committee weighed all of the information provided by the staff and sent a recommendation to the Council which agreed with the staff and police position that the additional stops signs should not be installed. She stated the committee was disappointed that the citizens did not go through the entire process of getting all of the communities involved. Further, she recommended that Council include Standing Residential Traffic Committee Chairman Liz Whiting in any further discussions of this issue. Town Council Work Session Minutes for Auqust 9, 2004 Paqe 17 Mayor Umstattd stated it is also important to let the citizens of Meade Drive know that this issue could potentially come up for a vote tomorrow night. Ms. Kane stated all of the affected communities should be contacted. Councilmember Kramer stated this was not a surprise to anyone. She stated one resident had worked with the Standing Residential Traffic Committee for twelve months to get assistance. Vice Mayor Martinez stated stop signs are not clearly not the solution. He stated we need to get the communities to come together on the solution and enforcement. Further, he stated speeding is a problem in all neighborhoods and he has found that speed humps are a deterrent to speeding. Mr. Turner stated neither the residents of Country Club or Woodlea Manor were given the opportunity to speak to this issue. Councilmember Kramer stated former Councilmember Dave Schmidt addressed the Woodlea Manor HOA regarding this issue. She stated this is a difficult issue in a poorly planned community and a solution has to be found that will properly serve the entire community. Mayor Umstattd stated she would support the installation of speed humps on Bradfield Drive if the residents agreed. Mr. Turner stated the residents of Bradfield Drive should not be punished. He stated the problems that were faced by the residents of Meade Drive are now the problems of the Bradfield Drive residents and no one street should have to suffer this burden. Councilmember Home recommended that a subcommittee be formed consisting of representatives of each neighborhoods to work with the Standing Residential Traffic Committee on a comprehensive traffic plan for the southwest quadrant. Councilmember Hammler stated this is not a problem that is unique to one portion of town and ultimately the police need to be involved. She suggested a community captain idea, which could assist in these issues on a more localized level. Mayor Umstattd stated there could easily be two residents of Bradfield Drive in Country Club that could be interested in serving on this type of committee. Additionally, two residents from Woodlea Manor, and two residents of Greenway Farms on Meade Drive, or the adjacent streets could also be involved. She stated she would hope that they would entertain the idea of speed humps. Further, concurred with Councilmember Hammler's suggestion that the police be involved. Mayor Umstattd asked Ms. Kane to address the Residential Traffic Committee to see if they would entertain working with a subcommittee on this issue. Councilmember Zoldos stated he would be willing to wait until the second meeting in September to have this listed as an agenda item to be voted on. He stated in the interim he would support the subcommittee, as proposed, with the addition of town staff and asked that a report be provided to Council at the second Town Council Work Session Minutes for August 9, 2004 Page 18 meeting in September. Councilmember Zoldos stated because this is an issue of importance to the entire town, the committee should have a special meeting in September and provide two weeks notice in the paper. Further, the members of the subcommittee need to be identified to residents of the communities can provide input to those individuals. Mayor Umstattd recommended that Council vote to name residents to the committee tomorrow night. She stated the committee could consist of two residents from Bradfield Drive in Country Club, two from Woodlea and two from Meade Drive area of Greenway Farms. Councilmember Zoldos stated the bottom line is the stop signs are not effective because the residents just roll through them. He stated he observed eight out of ten cars go through the stop signs today. Further, residents are also speeding on Bradfield and Country Club Drive and twelve out of fifteen cars did not stop at this intersection. 6. Downtown Coordinator Councilmember Zoldos stated in the past Council has always been required to vote when a staff position was added. He stated the money issue with this position is confusing as there has to be an increased cost to the town when a position is upgraded. Councilmember Kramer stated the Economic Development Office is currently comprised of two dedicated employees who can not handle all of the demands on their time. She stated the town is growing and this additional position is desperately needed. Councilmember Zoldos stated he is not opposed to the position, rather he is opposed to the procedure that has been implemented in this case. Vice Mayor Martinez stated this issue should not require a vote of the Council as the Town Manager is acting appropriately and within his rights to upgrade this position. Councilmember Burk stated she would not have a problem with Council voting on this issue. Councilmember Horne expressed her support for the Downtown Coordinator position. Councilmember Hammler suggested Council might need a retreat to set its goals for this term. Further, she stated the action of upgrading this position should wait until the town has a new Town Manager. Mayor Umstattd stated Mr. Noe brought this item forward as a courtesy even though it does not require Council action. She stated if it is Council's desire to vote on this issue it could be done at tomorrow night's meeting. 7. Limits on occupants of a dwelling Brian Boucher stated Herndon is trying to change their zoning ordinance to give the state regulations to limit the amount of related adults in a house based on Town Council Work Session Minutes for August 9, 2004 Page :19 the square feet. He stated staff will watch to see what happens to this from a legal standpoint. Further, he stated these cases are hard to prosecute because it is difficult to prove whether the adults are actually related. Mr. Boucher stated most of the enforcement is based in efforts to getting the information regarding the jurisdiction's regulations to the public and effectively communicating it to people of various cultures and ethnic backgrounds. Further, another option would be to get further information from people filing complaints. Councilmember Zoldos stated the first problem is the need for adequate Iow cost housing in the town and secondly the need to prevent single family homes from becoming boarding residences. He stated there is a problem in the town; however, people are sometimes afraid of coming forward because of retribution. Further, he stated the county is moving forward as is the Town of Herndon. Mr. Boucher stated the county is proposing $:[00,000 in additional funding as well as new positions just to deal with this problem. He stated Herndon has had 200 reported cases since 2002, whereas in the last year the town has had six. Mayor Umstattd stated this is a very tough issue because some people tend to get nervous when they see something from a different culture going on next door. She stated unless there is an issue with crime or health, it shouldn't be a problem. Further, she stated there might be a problem if there is a zoning violation. Mr. Boucher stated the Town of Herndon's proposed regulations would give the Zoning Administrator the authority to require affidavits regarding the relationship of the people in the home. Councilmember Burk stated this would be more appropriate to address a case where there are 30 guys living in a home and every two weeks a different group of 30 guys move in rather than a home containing an extended family. Mr. Boucher stated he would watch the situation in Herndon and report back to Council. Councilmember Horne asked if Herndon is talking to employers regarding this. Mr. Boucher stated Herndon has given seminars to real estate agents educating them about what to look for. 8. VDOT Six-year Improvement Plan Mayor Umstattd outlined the improvements requested by the town and stated she and Calvin Grow would address the Commonwealth Transportation Board regarding these in September. Councilmember Hammler asked what else the town could do to achieve our priorities given that the state is giving out limited funds? Mayor Umstattd stated Battlefield Parkway between Route 7 and Sycolin road requires $20 million in funding and we currently have a shortfall of approximately $5 million. Further, Mr. Noe and Mr. Grow have proposed funding this with the annual urban allocation from the state which would be enough to pay the debt service on a $5 million bond. Town Council Work Session Minutes for August 9, 2004 Page 20 Tom Mason stated we are adding a new project to the list which is the completion of Battlefield Parkway between Edwards Ferry Road and Fort Evans Road. 9. Amending the holiday pay policy Dona Wolf stated this issue was initiated by the Employee Advisory Committee to give shift workers premium pay for holiday work. She stated the current policy is not fair regarding compensation and it is recommended that these employees receive an extra half day pay. Further, the total impact on the budget for this year would be $69,000, which the affected departments have indicated could be absorbed. Councilmember Zoldos verified this is being done by other jurisdictions. 10. I~lajor Issues Mr. Noe stated four years ago as the new Council came in staff prepared a document entitled Major :Issues to inform Council of what staff believe the major issues are. Staff has now prepared a revised document detailing our current issues. There was no Council discussion on this item. 11. Purchase of a replacement jet-rodder and sewer vacuum for the Utility Lines Division Randy Shoemaker outlined this request in the amount of $159,998. He stated this is a scheduled replacement of a piece of equipment that is used on a daily basis. There was no Council discussion on this item. 12. Preview Items for September 13, 2004 worksession a. Additional fine for speeding on North King Street Councilmember Hammler stated her concern is that this might put an additional burden on the Police Department. Authorizing lease agreements by and between tenants and the Town of Leesburg for the Leesburg Executive Airport There was no discussion of this item. Annual program for street milling, resurfacing and concrete repairs There was no discussion of this item. TLCP-2004-0004 and TLSE-2004-0017 Nextel Stealth f4onopole Cellular Telecom Facility There was no discussion of this item. New Business Mayor Umstattd asked Council to consider what time they would wish to convene in a closed session on Saturday morning for the Town Manager interviews. Further, she asked Mr. Donnelly whether Council could just remain in closed session after their closed discussion on Paxton Town Council Work Session Minutes for August 9, 2004 Paqe 2] tomorrow night? Mr. Donnelly stated tomorrow night Council could adopt two motions; one for the Paxton closed session and another for the closed session on Saturday. He stated Council would still need to convene on Saturday afternoon to certify the closed session. Councilmember Zoldos stated he had previously asked Planning staff to address the timing of the Meadowbrook application and when the Planning Commission will need to act on it. Ms. Swift stated the Planning Commission is required to vote on an application within 100 days of first considering it; however, the commission has not yet considered this item so there is currently no time limit. Councilmember Burk stated at the county and state level with elected officials meet with any person having any business with that legislative body the officials are required to report that in their comments at the next meeting. Further, they are also required to create a written record of such a meeting as well. She suggested that Council may want to adopt such a system. Mayor Umstattd stated the ethical rules that Council adopted require that members announce in public session anytime they have met with an applicant. Further, if the person has not yet filed an application then this section would not apply. Mr. Donnelly stated staff has not found evidence of such a policy having been adopted within the last several years. Mayor Umstattd stated the policy was adopted in the early to mid 90's. Councilmember Horne asked that this document be provided to Council. Vice Mayor Martinez asked Mr. Noe the status of the charette for Southeast Leesburg? Mr. Noe stated he has spoken with Mr. Bowers regarding the possibility of the town and county staff addressing both the Board of Supervisors and Council together. He stated staff would have a proposal for Council in September. Mayor Umstattd asked that Mr. Noe relay Mr. Phillips comments to Chief Price and to inform Mr. Phillips if he is going to perform an internal investigation. On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer the meeting was adjourned at :~1:35 p.m. 2004_tcwsmin0809