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HomeMy Public PortalAbout2005_03_21Council Work Session March 21, 2005 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Coun¢ilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan B. Horne, Marty Martinez, and Mayor Umstattd. Councilmembers Absent: Melinda Kramer and Robert Zoldos Staff Members Present: Town Manager John Wells, 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 Parks &. Recreation Kaj Dentler, Finance Director Norm Butts, Director of Utilities Randy Shoemaker, Director of the Office of Capital Projects Nagi Elsewaissi, Zoning Administrator Brian Boucher, Budget/Management Officer Mike Freda, Tnspection Supervisor Brian Lloyd, Management Tntern Tami Watkins and Assistant to the Clerk of Council Debi Parry. AGENDA ITEMS 7:00 p.m. Briefing - Verizon Update - Doug Bremmer Mr. Doug Bremmer introduced George Summers, President of Ivy H. Smith and Walter Jones, Verizon's Director of the Fiber to the Premises (Fq-rP) program for Northern Virginia. Mr. Bremmer apologized for the difficulties the residents have been experiencing as a result of their FTTP program. Further, he stated they have launched a number of new initiatives including sending letters to residents 10-30 days before construction, placing hangers on the doors when the work is completed and various media releases. Mr. Bremmer stated Verizon is in the process of creating a website with links for questions and information on the construction process. He stated Verizon has increased staff at all levels to monitor the construction in the field and have taken a number steps to better serve their customers. Mayor Umstattd outlined various complaints she has received. She stated that when she met with staff, representatives from Verizon, and Ivy H. Smith that promises to improve were being kept; however, after a few days of improvement things went back to the way they were. Further, she stated this has been very frustrating to homeowners. Vice Mayor Martinez stated Mayor Umstattd summed up most of the complaints. He stated working with sub-contractors is difficult; however, he would have hoped that Verizon would have stayed in better control of the situation. Councilmember Home stated she relayed a complaint to Mr. Bremmer regarding a citizen who had food debris and crushed rock left on his yard and landscaping. She stated the concern that the work is performed on Sundays with Palm Sunday and Easter coming. Further, she commended Verizon for trying to take proactive measures to address these issues. Councilmember Hammler stated she is excited about the fiber program; however, these concerns do need to be addressed. She stated her concern regarding fiber under tree roots stating it might take up to three years to see the full Town Council Work Session Minutes for March 21, 2005 Page 2 effect that will have on the trees. Further, she stated we need to be able to provide clear answers to our residents who are concerned about their property. Mr. Bremmer stated he would like Mr. Jones and Mr. Summers to address the concerns specifically. Mayor Umstattd stated she had forgotten to mention that she has received many reports of lost missiles. Further, she stated there have been reports of these missiles hitting gas lines. Mr. Jones stated this is a very involved field process with 14,000 homes involved. He stated they are looking to be finished around June and have been very aggressive in trying to get this work completed. Further, he explained the missile boring process stating this method minimizes damage to private property. Mr. Jones stated Verizon and ivy H. Smith are committed to restoring customer's property when the work is completed. He stated incidents of port-a-john tipping, trash in yards, and rude behavior towards residents is not acceptable. He stated Mr. Summers is working with his crew, and Verizon has hired a manager to work directly with Mr. Summers and his team regarding these issues. Hr. Summers stated his crew is two weeks from being done with their work in Leesburg. He outlined several steps that his crews are taking to minimize the complaints. Further, he stated they are keeping a log of yards to be re-sodded and driveway restoration to ensure the customers are satisfied. Vice Mayor Martinez stated his disappointment that improvements in service are being made now that the work is almost done. He expressed his concern regarding the impact to trees. Further, he stated his appreciation that Verizon and [vy H. Smith are taking responsibility and trying to improve their service. Councilmember Burk stated in her neighborhood the work was done in the back yard and there were no complaints. She verified the door hangers are put up before work starts and recently they have begun placing door hangers after the work is completed. Further, she asked if the door hangers indicated that workers will return in the spring to repair any damage? IVlr. Jones stated on the first hanger they indicated they will repair any damage. He stated the second hanger does indicate that repairs to driveways will be made in the spring. Councilmember Hammler suggested the possibility of special promotions for the citizens of Leesburg given the difficulties we have encountered. IVlayor Umstattd verified Verizon does not anticipate any major difficulties when their crews install the cable. Council thanked Mr. Bremmer, Mr. Jones and Mr. Summers for their report. Council I~leeting of March 22, 2005 a. Approving TLSE 2004-27 Arby's at Potomac Station to permit a fast food restaurant with drive-thru service Town Council Work Session Minutes for March 21, 2005 Page 3 There was no Council discussion of this item. b. TLSE-2004-O028 Loudoun National Bank to permit a ;L0,750 square foot banking facility with drive-thru service Brian Boucher stated the applicant has made some changes to the appearance of the drive-thru for the bank and has agreed to a courtesy review by the Board of Architectural Review. Mr. Bob Sevila, attorney for the applicant, stated in response to comments made at the public hearing the applicant has agreed to change the color of the green roof and make other minor adjustments. He confirmed the applicant has agreed to a courtesy review by the Board of Architectural review. Councilmember Horne complimented the applicant on the design of the building. c. Approving amendments to the FY 2005 police budget and making appropriations for $7:L,660 awarded through a Law Enforcement Terrorism Prevention Grant. ~loe Price stated the department was awarded a grant as a result of an audit conducted by our staff that identified various shortfalls in equipment. Further, he stated the grant requires no matching funds. Councilmember Hammler asked at what point Council can get a full briefing on emergency procedures? Mr. Price stated a briefing could be scheduled for a future Council agenda. d. Encouraging the Virginia Department of Transportation to enhance clean-up efforts on Routes 7, 15, the Route 15 Bypass and Fort Evans Road Councilmember Hammler stated this resolution gives a glowing statement; however, it does not pinpoint exactly what the town is trying to accomplish. She asked if staff has called VDOT to get feedback in advance of an official resolution. Ms. Nicole Ard stated the town has a long history with VDOT and this resolution is to enforce what we would like them to do. Further, at the bottom of the resolution some specific areas are mentioned. e. Supporting the efforts of Keep Loudoun Beautiful and encouraging community participation in a tow-wide clean-up day to Keep Leesburg Beautiful on April 2:3, 2005 and throughout the year. Councilmember Burk stated on April 23 the town will have an event to get people excited about cleaning up the town. She stated the event is supported by Keep Loudoun Beautiful, who has offered to provide training for area leaders. Further, several groups have signed on to pick up the trash which will then be picked up by the town and measured to see how much is collected. Town Council Work Session IVlinutes for March 21, 2005 Page 4 Councilmember Horne stated Marybeth Mohr and Nicole Ard have put together a green binder containing the research that has gone into this. She stated Keep America Beautiful has determined that people litter for three reasons (1) they feel no sense of ownership; (2) they believe someone else will pick up after them; (3) because litter has already accumulated. Further, she stated it is her hope that people will feel a sense of ownership through this effort and feel it is each of our responsibilities to pick up trash when we see it. Councilmember Hammler stated this is a great idea and she verified the start time to the program will be 9:00 am on the 23rd. Further, she stated as we are entering the budget discussions and should look at the need for more trash cans, cigarette dispensers and or doggy bag dispensers like those at :[da Lee Park. For consideration and discussion: Parking waiver request for residential use of the Tally Ho building IVlayor Umstattd stated Lisa Speet is in the audience and asked if the Tally Ho building could be converted to residential without a special exception or change of zoning? Brian Boucher stated if five or more units are put in a special exception would be required. Ms. Swift stated Board of Architectural Review approval would be needed for changes to the exterior of the building. Ms. Swift stated the parking code is based on the number of bedrooms and assuming there are 20 bedrooms the applicant would be required to provide 35 parking spaces. Further, she stated the current code requires that those parking spaces be provided on site and does not allow for payment in lieu of parking. Ms. Swift stated there will be an increase in residential demand in the downtown and staff should continue to monitor usage in the garage and when looking at other code amendments we should consider what our long term plan for parking in the downtown will be. Vice Mayor Martinez verified the payment in lieu of option is a one time fee. Councilmember Burk complimented IVls. Swift on her report. Councilmember Horne asked how long it would take to complete the estimate of the future residential demand and establish a plan of action? Ms. Swift stated that could be completed with in a few months after the Comprehensive Plan is completed. She stated staff would have to look at parcels in the downtown where a residential use might be appropriate. Further, staff would have to determine how many parking spaces would be needed based on a projection of the number of units the parcels could accommodate. Councilmember Horne stated it is clear as the downtown historic district transitions into strategic areas that this is going to become more of an issue and Town Council Work Session Minutes for March 21, 2005 Page 5 Council will need to respond accordingly with our ordinances and anticipate some of these issues. Councilmember Hammler stated this issue was discussed when she attended the Crescent District meeting with the Planning Commission. She stated the Crescent District Master Plan should start delving into the issue of parking as we are expanding the downtown. Further, she commented on the need to start thinking broadly outside the Crescent District as this is going be a top strategic issue. rvlayor Umstattd stated given the number of complaints about the lack of parking she is reluctant to waive the parking requirements for a residential use downtown. She asked how the operators of the Tally Ho theatre feel about this? Ms..ludy Wilson, Tally Ho Theatre, addressed Council. She stated that she is three years into a ten year lease and is very concerned about the proposal for the building. Further, she stated the community has been very supportive of her business. Ms. Lisa Speet, Loudoun County resident, addressed Council. Ms. Speet stated she is very concerned about the future of the Tally Ho theatre if the building is purchased and condos are construction on the upper floors. Further, Ms. Speet noted that the Tally Ho brings life to the downtown. Council thanked Ms. Wilson for attending the meeting. The stated they are very happy that her business is doing well and that the Tally Ho will remain open. Further, they commented on what a wonderful asset it is to the community. 2. Water and Sewer Capacity Randy Shoemaker stated as a follow-up to the discussion at the March 7 work session he prepared a revised flow projection report including the proposed developments at Festival Lakes, Creekside, Bolen Park, Barber & Ross, the Peterson Property and the Loudoun County jail addition. Mr. Shoemaker stated incorporation of these flows into the model indicates the town will have sufficient water and sewer capacity to accommodate these developments. Vice Mayor Martinez stated Creekside and Bolen Park are both included in the projections; however, only one or the other will be constructed. Mr. Shoemaker stated he encountered some difficulties in calculating the flow measurements for the Creekside development. He stated the most recent information he found was a proposal for 1,400 homes and 1.5 million square feet of office and employment and 500,000 square feet of commercial use. Mayor Umstattd stated it is her understanding that the Creekside proposal is for 5,000 homes in addition to the aforementioned commercial and office development. Councilmember Horne verified this report takes into account the maximum demand. Councilmember Hammler stated as we are looking at business retention and attraction issues and the rewrite of the comprehensive plan it is important to know Town Council Work Session Minutes for March 21, 2005 Page 6 what our capacity is. She asked if industry types were taken into consideration regarding the estimation for commercial water usage? Mr. Shoemaker stated industrial development demands are very difficult unless you know what the usage will be. He stated this is a work in progress and is continually changing based on the applications the Planning Department receives. Councilmember Hammler stated it is her hope that the town will be proactive in seeking the applications we want rather than just waiting to see what comes in. Mayor Umstattd stated the potential residential usage for the Peterson property and the proposed Meadowbrook community is seriously underestimated. She stated staff should take another look at the figures. Mayor Umstattd asked Mr. Donnelly for the status of Loudoun County Supervisor Jim Button's request to have Council look into the possibility of amending the Annexation Area Development Policies to allow the town to send water to a public park outside the town limits? Mr. Donnelly stated he has not had the opportunity to contact the Loudoun County Attorney's office yet; however, he has done some investigation on his own and plans to contact them this week. Councilmember Hammler commented on the importance of this issue. Mayor Umstattd asked that Mr. Donnelly report back to Council later this week. 3. Leesburg Executive Airport/Oaklawn at Stratford: Airport Proffers Cindi Martin outlined the proffers associated with the Oaklawn at Stratford property and stated not action is needed at this time. Councilmember Hammler asked if it would be possible to go one step further to making sure the residents understand how close they are to the airport to possibly ward off some of the legal ramifications and noise complaints? Mr. Donnelly stated these proffers were determined at the time of the rezoning of the property and can not be changed at this point. 4. Status of parking service/proposed changes Norm Butts stated staff has prepared an amendment to the Town Code for Council's consideration to reduce the parking meter fine from $25 back to the original fine of $10. Vice Mayor Martinez asked how the increase to 50 cents per hour for parking meters will be advertised? Mr. Butts stated there is a planned public effort taking place and letters will be sent to the downtown businesses and there will be notice of the price on the meter heads. Further, decals will be placed on the post to indicate the time limit for parking at the meter, Councilmember Burk stated she brought this item forward for consideration Town Council Work Session Minutes for March 21, 2005 Page after she heard concern from the downtown businesses that a $25 fine for meter violations would discourage patrons from coming downtown. Further, she stated we need to communicate to the business owners that we understand their needs and are willing to help them. Councilmember Home stated she has also heard the concerns of the downtown business owners and we need to look at increased enforcement of the time limits at the meters to ensure turnover. Further, she stated she is concerned by the perception that there is no parking in the downtown and we need to partner with the media to assure people that there is plenty of parking available. Councilmember Hammler stated she will support this reduction as the proposed $25 dollar fine was higher than what is charged in Georgetown. She stated she has heard concerns from the downtown businesses that we may lose some of them if we don't take proactive steps to combat some of these issues. Mayor Umstattd stated Council endorsed the parking changes after being assured that the Downtown Business Association had agreed to them. She stated Linda Callagy was kind enough to canvas her members last week and Lisa Capraro also touched base. Further, she stated Council wants to make sure that this change will have the support of the Downtown Business Association. Linda Callagy, Leesburg Downtown Business Association, addressed Council. Ms. Callagy stated she spoke with several people and sent an email out to the members; however, no one has provided comments so it seem there would be no problem with enforcing the meter fine at $10. Further, she stated we really need this issue to be settled as all of the press concerning lack of parking is already hurting the businesses. Mayor Umstattd verified the Economic Development Commission is in favor of keeping the fine at $10. Mr. Wells stated staff was asked by Councilmember Burk to do counts in the parking garage. He stated staff has done the counts on all levels of the garage at three times during the day and asked Mr. Butts to report the findings. Further, he stated this will be an on going effort. Mr. Butts stated the counts were done from March 10 to March :~8 at 10:00 am 1:00 pm and 4:00 pm. He outlined the average vacancy rate for each level of the parking garage and stated the vacancy rate is lower on the street levels than the upper levels. Further, he stated once the parking services staff are on board staff hopes to do these counts at the metered spaces as well. Mayor Umstattd stated during the study it seems the fewest number of available spaces was 40 and that was a 1:00 pm on March :~1. She stated he high end of the range was :[19 spaces vacant at on March 14. Vice Mayor Martinez thanked staff for their report. Councilmember Burk verified all the spaces in the basement are reserved however, there is almost a 50 percent vacancy rate there. She asked if downtown residents could rent one of those spaces? Town Council Work Session Hinutes for March 21, 2005 Page Mr. Butts stated there is currently a waiting list for spaces in the basement. Councilmember Horne stated on March 11 at l:O0 pm there were 40 vacant public parking spaces in the garage, which is the lowest at any time during the study. She thanked Mr. Butts for his report. Councilmember Hammler stated the reason we have seen so much dialog in the community regarding this is that we have spent so much time on the analysis of it. She commented on the previous unnecessary expenditure of $50,000 for a parking consultant and thanked Mr. Wells for his logical approach to this issue. Further, she asked that Mr. Butts look at the parking study and make sure that we are on the right track. Mayor Umstattd stated Ms. Callagy has made a good point that the coverage of this issue has not necessarily reflected the reality of the issue and that has hurt the businesses. Vice Mayor Martinez verified the reserved parking in the basement is available as public parking on the weekends. There was further Council discussion regarding the benefits that the town received from conducting the parking analysis. Councilmember Horne stated Councilmember Kramer had discussed the idea of putting a box in the garage for people to pay their parking tickets on the spot. She asked that staff investigate this possibility. 5. Police Strategic Plan briefing & red light running Chief Price outlined the Leesburg Police Department strategic plan for 2005 through 2008. He stated the focus of the plan is to ensure the public safety and reengineer the department for improved efficiency. He outlined the goals associated with the focus of the plan and stated the strategic plan will serve as a road map with funding requested for specific strategies during each budget process. Vice Mayor Martinez stated the Leesburg Police Department is about keeping the community safe and the youth initiatives are a good example of that. Further, he commented on the success of the teen center in the Town of Purcellville and stated something like that would be good for Leesburg. Chief Price stated working with the youth is an underlying goal not only for the police department, but also for the parks and recreation department. Vice Mayor Martinez expressed concern with retention in the police department stating officers can't afford to live in Leesburg. Chief Price stated retention is a problem with many localities. Councilmember Burk stated she did a ride-a-long and commented on the respect and professionalism of the officers. Further, she suggested the possibility of establishing a Youth Council. Chief Price stated that is one of the year one objectives and staff has had some preliminary discussions with the school system. Town Council Work Session Minutes for March 21, 2005 Page 9 Councilmember Horne asked where the officers go when they leave our police department? Mr. Price stated our attrition is four officers a year which is well below average for jurisdictions of our size. He stated most of our officers leave the profession or go on to federal positions or larger agencies. Councilmember Hammler stated during the recent joint meeting between the town and county Parks and Recreation Commissions she was informed of a program the county is working on where they are converting a homeowners association clubhouse in Countryside to a teen center. Further, commented on the Youth Music Preservation Promotion Association's idea to use music as a community policing tool stating she would like to follow up with Chief Price on that. Mayor Umstattd stated her interest in the police department initiative to bring in citizens from the northeast quadrant of town to talk to our officers. She asked what came out of that meeting? Chief Price stated our department provides community policing training to the Northern Virginia Training Academy so all police candidates, with the exception of Fairfax and Prince William Counties, received this training. He stated this year he had representatives from the Heritage Square Homeowners Association attend the training so the candidates heard about community policing from the residents side as well as the police side. Mayor Umstattd asked if this program was available in Leesburg prior to Chief Price's arrival? She stated it seems to be a very valuable plan that should be disseminated to other jurisdictions. Chief Price stated he is just the head of the department; however, this plan was developed by many officers with in the department and really belongs to them, Chief Price outlined his report on red light running in the town. He stated the top red light accident locations is the town are, (1) Edwards Ferry Road and Heritage Way, (2) the Bypass and Edwards Ferry Road, (3) the Bypass and Sycolin Road, and (4) Route 7 at River Creek Parkway. Further, the top red light violation locations from 2000 to 2004 have been, (1) 115 at East Market Street at Plaza Street, (2) 59 at the Bypass and Edwards Ferry Road, (3) 46 at the Bypass and Battlefield Parkway, (4) 43 at South King Street and Governors Drive, (5) 43 at Route 7 and Cardinal Park Drive, (6) 39 at East Market Street at Fort Evans Road, (7) 38 at the Bypass and Sycolin Road, (8) 37 at Plaza Street and East Market Street, (9) 33 at East IVlarket Street and Catoctin Circle, and (10) 27 at South King Street and Country Club Drive. Councilmember Hammler asked if based on the numbers is the police department's feeling that we have a problem and should perhaps step up enforcement? Chief Price stated we have made attempts to get photo red light for our community. He stated when you look at the numbers you will find that we probably have a more significant red light violation problem than we are aware of. Further, he stated there have been questions regarding the effectiveness of the photo red light technology; however, he feels it would save money in the long run. Town Council Work Session Minutes for March 21, 2005 Page ]0 There was further discussion regarding other alternatives to traffic lights including various traffic calming devices. 6. Establishing a Loudoun Street Task Force Mayor Umstattd asked if membership to the task force would be open for other Council recommendations? Councilmember Horne stated this is an effort to bring together a group of business people, downtown business owners, local real estate people, a representative from the banking community as well as from the Economic Development Commission to get citizens involved in developing a viable economic model for a public/private partnership on the Loudoun Street property. She stated they are looking at a two phase approach, the first phase to look at the economic viability and reporting back to the Council by ~luly 1:~. Further, the second would be to construct a framework to recommend to the Council for doing a request for proposal or competitive selection process for private sector interest in that property. Councilmember Home stated there was a lot of thought put into the people listed. Councilmember Burk stated this is a great idea; however, she would like to speak with Councilmember Horne regarding a suggestion for a potential member. Councilmember Hammler suggested including a business owner from the Wirt Street side of Loudoun Street as they are currently removed from the foot traffic. Mayor Umstattd stated one of the individuals on this list is personally interested in constructing the building, but not interested in leasing the property from the town. She stated anything crafted by this group would need to go before the Town Attorney to make sure that it isn't crafted to benefit one individual over another. Further, she stated we might want to have more than one potential builder on the committee. Mayor Umstattd verified there is a representative from the Leesburg Downtown Business Association on the committee. Councilmember Horne stated the task force's meetings will be open to the public and will provide for public comment. She stated the importance of keeping the size of the task force manageable stating it does not need to grow into something bigger than we need it to be. Karen Jones, Economic Development Commission, stated every member of the task force has a vested interest in the outcome of this project so one of the first things they will need to do is establish rules so that everyone is on an equal playing field. Councilmember Burk verified it is not necessary to add more members to the task force, but to let interested parties know that they can attend the meetings. Mayor Umstattd stated she would support adding members to the task force if any Councilmember desired to do so. Town Council Work Session Minutes for March 21, 2005 Page For information only: Preview items for April ll, 2005 work session a. Economic Development work plan - business retention and attraction There were no Council Comments b. Admission to Tda Lee Park Recreation Center for the immediate families of active members of the United States Armed Forces serving in Iraq or Afghanistan Councilmember Home stated Council is still waiting to see a fiscal analysis of the impact of this request. She stated philosophically no one has a problem honoring the service of the active members of our armed forces with an admission discount or complimentary admission to Ida Lee Recreation Center; however, we need to see the fiscal impact analysis which would include the use by the fire and rescue personnel too. Councilmember Hammler stated the commission felt they had been given the resolution from Congressman Wolf through Council. Further, she stated someone is supposed to be working on the fiscal end of it. Use of Tda Lee by volunteer fire and rescue personnel There were no Council Comments dw Temporary commuter parking lot - Joint Public Hearing There were no Council Comments New Business: a. Request of Support from the Town of Purcellville Councilmember Burk stated the Purcellville Town Council and a number of the other Town Council's have passed a resolution regarding the State Supreme Court's recent decision regarding the AR-! and AR-2 zoning districts in western Loudoun. She stated the Town of Purcellville has asked that we support them by passing a similar resolution. Vice Mayor Martinez stated he would support a resolution. Councilmember Hammler stated it is her understanding that the county staff is currently working just to begin to understand all of the implications associated with this ruling. She stated we need to be supportive of that process and have the right information, not jumping on a reactionary bandwagon. Further, she stated the importance of including issues pertaining to Leesburg like the implications to the ~ILMA-20. Mayor Umstattd stated we need to do a better job at defining the term western Loudoun because it was that vagueness that got the county into trouble in the first place. She stated she would support this in theory, but would want to be careful as to the wording. Councilmember Burk stated she would be happy to work on it. Mr. Donnelly stated he would like to take a look at the resolution. Town Council Work Session Minutes for March 21, 2005 Page 12 Councilmember Horne suggested that we incorporate language regarding how the communities are interconnected and the regional impacts of traffic from one community and how that would affect others. Councilmember Hammler suggested including positive language stating we understand that county staff is dealing with trying to understand the implications and that any cooperation might be required so that we could share interpretations of that which impacts Leesburg. b. Tree Commission Vacancy Vice Mayor Martinez stated he will have an opening on the Tree Commission and asked that a certificate of participation be prepared for Mr. Pete Bessa. Adjournment The meeting was adjourned at 10:18 p.m. 2005_tcwsmin0321 lerk of Council