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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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