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HomeMy Public PortalAbout2006_05_08 Council Work Session May 8, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Bob Zoldos and Mayor Kristen Umstattd Councilmembers Absent: None Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Chief of Police Joe Price, Director of Capital Projects Management Nagi Elsewaissi, Director of Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Director of Planning, Zoning and Development Susan Swift, Director of Economic Development Betsy Fields, Police Captain Jeff VanGilder, Traffic Engineer Calvin Grow, Planner Wade Burkholder, Downtown Coordinator Lisa Capraro, Management Specialist Tami Watkins, and Deputy Clerk of Council Debi Parry. AGENDA ITEMS Council Meeting of May 9, 2006 a. Amending Section 10-157 (Parking or Storing Inoperative Vehicles on property located within the Town) of the Town Code - public hearing. Captain Jeff VanGilder stated the Community Enhancement Team identified some areas in this ordinance that needed to be brought up to date in line with the latest State Code provisions. Council thanked staff for their work on this issue. b. Amending Chapter 2 (Administration) of the Code of the Town of Leesburg, Virginia, 1976, as amended by adding a new Article XII (Commission on Public Art) - public hearing. Barbara Beach stated this ordinance is the outcome of the work of the Public Art Task Force. Councilmember Horne stated her appreciation the initiative of Councilmembers Burk and Kramer in bringing this forward. c. TLSE-2006-0002, Dale Lumber Company permitting continued use of an outdoor storage area at 16 Cardinal Park Drive, SE - public hearing. Wade Burkholder stated Dale Lumber received approval for an outdoor storage area from the Town in 2000 and are asking for the removal of the sunset provision that was put on the application. Councilmember Burk verified the Planning Commission and Staff support the removal of the sunset provision. Mayor Umstattd verified the condition regarding hazardous materials would remain in place. d. TLZM-2005-0004 Leesburg Sport and Health/Wolf Furniture Town Council Meeting of May 8. 2006 Page 2 rezoning and concept plan at 131 Fort Evans Road, NE - public hearing. Mr. Burkholder stated this request is to rezone 1.92 acres to B-2 for a 69,000 square foot furniture store. He stated the remainder of the site is already zoned B-2. Councilmember Zoldos verified the color of the building. Councilmember Hammier stated she too was concerned about the elevation and the type of traffic this use would attract given it's proximity to many residential units. Further, she stated she would like to see an economic impact report given we are headed down a retail path and a number of us are concerned that Leesburg should push for more Class A office types of development. Mayor Umstattd stated there was significant discussion of the elevation at the Planning Commission. She stated Wolf Furniture had a booklet that showed there elevations at various stores which are all attractive. Further, she asked about their final design decision. Michael Romeo, attorney for the applicant, stated they did not follow the exact design for the Hagerstown location; however, they have added stone to the roof line and the sign. Mayor Umstattd asked the status of the sign facing the bypass. Mr. Romeo stated he has spoken with staff and Mr. Wolf has agreed to construct only the two by-right signs. Further, he stated he has also spoken with staff about the possibility of constructing a directional monument sign on the bypass that would also show the logos for the Hampton Inn and Patriot Office Park. e. Approving a supplemental appropriation of $1,500 resulting from a donation to the Community outreach Program from Koger Management and the Heritage Square Homeowners Association. Mr. Wells stated the actual donation is greater than $1,500; however, only this amount will be appropriated this fiscal year. f. Awarding the Comprehensive Civil Engineering Continuing Services contract to Kimley-Horn & Associations of Herndon, Virginia; Paciulli Simmons & Associates of Leesburg, Virginia; PBS&J; and Whitman, Requardt & Associates. Mr. Wells stated staff uses outside design and inspection services to implement a number of our capital projects and the cost for these contracts are all estimated as part of the CIP so no additional funds are necessary beyond what has been included in the budget. Further, he stated these contracts are competitively bid and these firms were selected. g. Making appointments to the Ad Hoc SE/SW Trail Committee. Vice Mayor Martinez stated it was his understanding that the Parks & Recreation Commission members would not serve on this committee. Mr. Dentler stated it was his understanding that the Planning Commission Town Council Meetinq of May 8. 2006 Page 3 and Parks & Recreation Commission members would not participate until after the Committee provides it's report to Council. Mayor Umstattd asked if the Committee should be limited to residents of the Southeast and Southwest quadrants stating one person expressing interest resides in the Northwest quadrant of Town. Councilmember Horne stated this individual commutes between Leesburg and Crystal City everyday on his bike and therefore he would be a great addition to the Committee. Councilmember Zoldos stated he does not see a conflict with Parks & Recreation Commission member service on the Committee. He stated he still does not understand the purpose of the Committee given we already have a 20-Year Parks and Recreation Master Plan. Councilmember Horne stated this Committee would take a fresh look at the trails issue in the southern part of our community and raise the profile of this in terms of the capital improvements program because a prior Council voted to eliminate a significant trail connection from the CIP even though it was on the park's master plan. Further, she stated part of this effort has been to bring a higher profile of the need for trail access in the southern part of our community back to the CIP. Mayor Umstattd stated one area where trail access will be a serious concern is Evergreen Meadows and Stratford. She stated the King Street Trail will help residents in Woodlea, Greenway Farms, Country Club and Linden Hill and residents in Kincaid Forest and Tavistock Farms can already access the W&OD trail. Councilmember Zoldos stated he has been trying to get the Chancellor Street Trail through for eight years. He stated given the South King Street Trail cost is now over $4 million and can't be built for four years he doesn't see how that is a better alternative except for the few people on Chancellor Street that don't want the trail there. Mayor Umstattd stated the South King Street Trail addresses the safety needs of the people already walking that route to get into Town. Further, she stated the County is funding a portion of the South King Street Trail; however, they have never agreed to fund any portion of the Chancellor Street Trail. Councilmember Hammier stated we should either allow the Parks & Recreation Commission members to serve on the Committee or allow them to vote on the recommendation of the Committee. Vice Mayor Martinez stated this Committee should look at trail solutions for all neighborhoods in the Southeast and Southwest quadrants of Town. There was further Council discussion regarding the membership of the Committee. Councilmember Hammier asked if there is a timeline for the Committee to Town Council Meetinq of May 8. 2006 Paqe 4 present their recommendation. Council member Horne stated it was her understanding that the Committee would present a report to Council in October. h. Approving the Sycolin Road Widening Phase II Town/VDOT Administrative Agreement and Authorizing the Town Manager to execute this agreement. Nagi Elsewaissi stated this would allow us to enter the revenue sharing program and staff is hoping to begin construction next spring. Councilmember Horne verified construction would end in spring 2008. Councilmember Zoldos verified there is no guarantee that the Town will receive $255,000 from the County for this project. Councilmember Hammier stated the location of the County's park and ride facility off of Sycolin Road may provide an incentive for them to contribute to this project. i. Approving the Town of Leesburg to apply to be a Preserve America Community. Betsy Fields stated Preserve America is a White House initiative in conjunction with the Advisory Council on Historic Preservation to acknowledge efforts in the area of historic tourism. She stated staff would like to apply for Preserve America Community designation, which would not require us to do anything that we are not already doing. Further, she stated applying for this designation will allow us to apply for grants and will provide various promotional opportunities. j. Approving the Town of Leesburg to apply for a Preserve America Matching Grant. Ms. Fields stated staff would like to apply for a $40,000 grant to support the programming efforts for Court and Market Days. She stated this is a one- for-one matching grant; however, the Town has already committed $40,000 for this event. She stated the grant monies would be used to hire a consultant to do the background historical research and write the scripts for the reenactments of the court cases, street scenes and translate that information into written educational materials to tie into the school curriculum. Further, she stated staff believes this $40,000 will pay for the research for several years of programs. Councilmember Kramer stated this will give us a chance to attract more families downtown for the event. Councilmember Horne stated this will bring a whole new historical context to the event. There was further discussion regarding possible tie-ins and content for this program. k. Battlefield Parkway, Kincaid Boulevard to Route 7 location and design public hearing approval. Town Council Meeting of May 8. 2006 Paqe 5 Calvin Grow stated VDOT held a public hearing regarding this project on March 28 and received a number of comments in support of the project. He stated VDOT needs a resolution from Council for support of the location and design. Further, he stated most citizens want the project built right away and VDOT feels they can do the project as design/build to be completed in 2010. Councilmember Horne verified staff believes the Commonwealth Transportation Board will look favorably on this project. She stated it speaks well of this Council to make this project such a top priority. For consideration and discussion: 1. Undergrounding utilities in the H-1 District. Mr. Elsewaissi stated he has met with the Historic District Residents Association to address their concerns regarding who would bear the cost of the project. Councilmember Burk asked what was the reaction of the Historic District Association. Mr. Elsewaissi stated there were a lot of questions; however, it was made clear to them that they would not bear the cost of the project. Councilmember Horne stated she would support holding a public hearing. It was the consensus of Council to hold a public hearing. Council member Zoldos verified the Town would cover the full cost of the project. He stated Council already has a policy in place regarding the desire to bury overhead power lines whenever the Town does a major road improvement. Mr. Elsewaissi stated this designates the H-1 District as an undergrounding district so the project would not have to be tied to road improvements. Councilmember Zoldos stated the way the resolution is written the Town would have to pay the full amount if no cost sharing or grant agreements are received. Mayor Umstattd stated perhaps the resolution could be reworded to say "If grant money is available." She stated she does not want the residents to anticipate that within a year all of the utility lines will be underground. Council member Zoldos expressed concern with the cost of the project. Ms. Beach stated most of our franchise agreements with the utility companies have expired and it would be prudent to have a strong policy statement from Council when she renegotiates the agreements. Councilmember Horne expressed concern regarding how credible Council looks when appealing to the State Corporation Commission to force Dominion Virginia Power to bury their transmission lines when we do not take action to bury the existing lines in Town during capital projects ourselves. Town Council Meeting of May 8. 2006 Paqe 6 Mayor Umstattd stated Patrick Sloyan will address Council tomorrow night regarding his idea for a special tax district for taxpayers to fund the undergrounding of the transmission lines. Councilmember Horne stated this is a long-term plan to be undertaken, especially in light of the changes proposed in the Crescent District. She stated we need to let the development community know if this will be a requirement. Vice Mayor Martinez stated we need a strong policy; however, the taxpayers should not have to cover the cost. He stated the cost issues should not be discussed in the resolution. There was further discussion of this issue. It was the consensus of Council to have staff provide a report tomorrow night regarding the date for the public hearing. 2. Final completion of public improvements in Edwards Landing Sections 1 and 3; Phases 2A, 2B, and 4; Woods Edge Drive; Recreation Center; and the Battlefield Parkway Phase II Road Improvements. Tom Mason stated the last two deadlines were met and Lennar is on track to meet the final three. He stated the Homeowners Association is working with Lennar and Gatehouse to find a way to move the equipment trailer from Battlefield Parkway. Further, he stated they have requested additional time to allow Gatehouse to place their equipment in the pool house. Mr. Mason stated Lennar is willing to post a $25,000 cash bond to ensure removal of the trailer and restoration of the property by July 10. Dennis Nolen, Edwards Landing HOA, stated the work is moving along very well. He stated the HOA would like to see trailer time extended with the work completed by July 4. Further, he stated Lennar will need the Town's assistance with permitting and expediting the County's approval process. Councilmember Zoldos asked if the $25,000 would cover the renovations to the pool house. Mr. Mason stated the amount does not cover renovations to the pool house, rather it covers the cost of moving the trailer and restore the site. He stated the cost for moving the gatehouse equipment to the pool house will be covered by Lennar. Councilmember Hammier thanked Mr. Nolen and verified there are no legal concerns with this course of action. Mr. Nolen stated the Cable Commission received a call from Gatehouse asking if it would be possible to be released from their franchise agreement. Councilmember Zoldos stated Gatehouse is already in violation of their franchise agreement on several accounts. It was the consensus of Council to consider this matter under new business tomorrow night. 3. Crescent District Master Plan Update Town Council Meetinq of May 8. 2006 Page 7 Betsy Fields and Susan Swift provided a brief presentation covering the process, public comment and different aspects of the Crescent District Master Plan in preparation of the public hearing in two weeks. Mayor Umstattd suggested in order to further alleviate concern of homeowners/commercial owners a statement in the introduction should be added to state the Town has formally voted to oppose the use of eminent domain for economic development purposes. Councilmember Hammier asked what are the policy incentives so that we are guiding this toward the right mix of businesses. Ms. Swift stated the land-use plan, which staff hopes will be part of the Town Plan and Zoning regulations, allows for minimal residential and mixed-use. Mayor Umstattd verified there is nothing in this draft plan to specifically prohibit a private land owner from replicating what is seen in the Historic District now. Ms. Swift stated the Board of Architectural Review stated they didn't want the whole area to look like a Disney version of the Downtown; however, it would not prohibit a landowner from replicating a particular building or feature in the downtown. Ms. Fields outlined the three options available for design of the Town Branch area. Further, she outlined the next steps in implementing the Crescent District Master Plan including amendments to the Town Plan and Zoning Ordinance. Councilmember Kramer asked if the Crescent District would come under the prevue of the proposed second Board of Architectural Review. Mayor Umstattd stated the Planning Commission had a negative reaction to that proposal. Ms. Swift stated the Planning Commission extended their discussion of the issue to their first meeting in June. She stated the hope is that if we adopt a form based code we could get a lot of the design prescribed in advanced so developers know what we are looking for and can agree to follow that up front. Further, she stated that would reduce the need for Board of Architectural Review approval. Mayor Umstattd stated the staff memo recommended that we not establish a second Board of Architectural Review and asked what the reasoning was. Ms. Swift stated staff expects with the form based code for the Crescent District and the recently approved administrative sign review process that the caseload for the Board of Architectural Review will decrease. Further, she stated there is also discussion of a form based code for the H-2 District. Kevin Wright, Planning Commission Chairman, stated the Planning Commission has invited the Board of Architectural Review to attend their meeting on June 1 to get their reaction and input on this issue. Town Council Meetinq of May 8. 2006 Page 8 Councilmember Burk asked if the form based ordinance would require the Town to hire additional staff. Ms. Swift stated as per her budget proposal she will need to hire additional staff anyway. Councilmember Zoldos thanked Ms. Swift and Ms. Fields for their report and stated he would not support the formation of a second Board of Architectural Review. Councilmember Hammier verified the public hearing would be held in two weeks. Further, she stated we need to decide how to address parking, streets, pedestrian traffic and trail connections. She stated she would also be interested in seeing an economic impact analysis. Mayor Umstattd stated her appreciation for the Planning Commission's efforts regarding building height. She stated most citizens she speaks with have stated they would not like buildings higher than those currently located in the Historic District. For information only: The Town Council work session of May 22, 2006: a. Verizon Franchise Agreement Councilmember Hammier asked the difference between an ordinance cable franchise versus a negotiated cable franchise. Ms. Beach stated the ordinance cable franchise is dictated by the new law which goes into effect on July 1. She stated it has options where the cable company always pays the lesser of two amounts. Further, she stated we can always negotiate with the cable companies; however, it will be harder to get more after July 1. b. County Representative on the Airport Commission There was no discussion of this item. New Business: Mayor Umstattd asked Chief Price to address the police shooting in Fairfax County today. Chief Price stated sometime between 3:30 and 4:00 this afternoon an unknown individual or individuals approached the parking lot of the Sully District Police Station on Stonegate Road in Chantilly. The individual opened fire with what appears to be a semiautomatic weapon. Further, he stated unconfirmed reports are that between three and four Fairfax County Police Officers or employees were wounded and one suspect was apparently wounded by return fire from the officers. Chief Price stated an extensive investigation is still on going to determine motivation and if there are additional suspects. He stated because of the unknown aspects of the situation the Leesburg Police Department and Loudoun County Sherriff's Department heightened security once we were notified. Closed Session a. Discussion of litigation regarding Leegate On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the Town Council Meetinq of May 8. 2006 Paqe 9 following motion was proposed: Pursuant to Section 2.2-3711 (A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for discussion of a legal matter involving the settlement of Leegate litigation and threatened litigation by Leesburg Central, LC. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 The Council convened in closed session at 9:28 pm. The Council reconvened in open session at 9:48 pm. On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the following motion was proposed: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only legal matters lawfully exempted form open meeting requirements under the Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Adjournment The meeting adjourned at 9:49 pm. 2006_tcwsminOS08 a Ic.ad;