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HomeMy Public PortalAbout2008_05_12 Council Work Session May 12, 2008 Council Chambers, 25 West Market Street, 8:00 p.m. Mayor Umstattd presiding. Councilmembers Present: Katie Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, David Schmidt, Kevin Wright and Mayor Kristen Umstattd Council members Absent: All Present Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Scott Parker, Chief of Police Joe Price, Director of Engineering and Public Works Tom Mason, Director of Capital Projects Management Nagi Elsewaissi, Zoning Administrator Brian Boucher, Director of Finance Norm Butts and Deputy Clerk of Council/Management Specialist Debi Parry AGENDA ITEMS 1. Questions on Tuesday Agenda Items Council Meeting of May 13, 2008 a. Public Hearing - Other Post Employment Benefits (OPEB) - Health Insurance Council Member Schmidt verified this change would affect all employees hired after July 1. Council Member Reid asked the cost of the program. Norm Butts stated VML and VACO have created a pooled trust available for use by communities which will save the Town considerable money. Council Member Reid verified a local finance board is still needed. Mr. Butts stated per State Code, the Town will establish a local finance board consisting of three ex-officio members. b. Public Hearing - Veterans Park Boundary Line Adjustment Jeanette Irby stated the County has not had the opportunity to finish review of the boundary line adjustment. She suggested that the public hearing either be moved or held open. Mayor Umstattd asked that the public hearing be held open. Mr. Irby stated she was told that the County Attorney's office will review the agreement this week. c. Appropriating $98,000 for Improvements to Brandon Park from a Community Development Block Grant Mayor Umstattd verified construction will begin in the next couple of months. Town Council Work Session of Mav 12. 2008 Paqe 2 d. Making an Appointment to the Airport Commission Council Member Hammier stated she will be nominating Tom Dunlap to the Airport Commission to fill the unexpired term of Randy Morris. She stated it recently came to her attention that there was a tenant, Shared Flight Aviation, that owes the Town money. She stated Mr. Dunlap's firm had represented Shared Flight Aviation so she looked at the issue and found that his partner did represent Shared Flight Aviation until last September. She stated she made it clear to Mr. Dunlap that she would not feel comfortable having him as her appointee if there was any perception of any conflict with him or his firm represented a firm that owes the Town money at the airport. Further, she stated he did submit in writing that they have not represented Shared Flight Aviation since last September and they would not represent them moving forward. 2. Work Session Items for Discussion a. Lawson Road Bridge John Wells stated several weeks ago John Drury sent an email to Council regarding an incident where a vehicle drove into his yard to attempt to cross Lawson Road Bridge when the gates were closed. He outlined several options to address the issue including placing large boulders beside the gate, moving the gate closer to the bridge, close the bridge to all vehicular traffic, or use trees from the tree bank to create a natural barricade to prevent cars from entering Mr. Drury's property. Mayor Umstattd stated we do not know Mr. Drury's feelings on the tree idea. Liz Whiting, Standing Residential Traffic Committee, suggested the option of landscaping improvements such as trees to address the issue. She stated the Committee does not recommend closing Lawson Road. Mayor Umstattd asked if the Committee would support closing Lawson Road after the Battlefield Parkway segment between Route 7 and Sycolin Road is completed. Ms. Whiting urged Council to consider how Lawson Road fits in the overall transportation system before making a decision to close the road. Council Member Schmidt commented on the need for Fire and Rescue personnel to have this road as an option to access adjacent neighborhoods. Ms. Whiting stated there is a volunteer firefighter on the committee who has stated three of the four ladder rescues he has performed have been at this location. Vice Mayor Horne stated she visited this location and the water had reached the end of the cul-du-sac. Council Member Hammier stated it is important to get Mr. Drury's opinion on the proposed options. Council Member Wright stated he visited the area as well and this situation seems to be the result of thrill seekers. He commented on the Town Council Work Session of May 12. 2008 Page 3 signage and prominence of the gate closing the road. Further, he stated it is hard to close this road before Battlefield Parkway is open. Council Member Reid stated he had spoken with Mr. Drury and suggested the idea of placing large flower pots in the yard to prevent vehicles from cutting through. He expressed support for the tree planting solution. Mayor Umstattd stated the Council Resolution referenced previously does not say that the Town will close Lawson Road once Battlefield Parkway is open, though that has been the general impression. Mr. Mason stated staff has always felt that Lawson Road should be closed once Battlefield Parkway is opened. He stated the resolution does not state whether the proposed crossing would be engineered to handle emergency vehicles. Sandv Kane, 815 Kenneth Place, addressed Council asking that Lawson Road remain open until Battlefield Parkway is completed. Phil Rusciolelli, addressed Council asking that Lawson Road remain open until Battlefield Parkway is completed. Vice Mayor Horne asked staff to speak with the Battlefield Parkway contractor regarding the need for clear signage at the site of the new bridge construction. b. Civic Signs John Wells stated Council has deferred action on relating to the special event sign banners. He outlined the different options Council can consider regarding the civic sign issue. He stated if the signs were to be replaced in the manner they had previously appeared, that Council could adopt an ordinance indicating symbols could not be used on the signs. He stated there is an option to allow the civic organizations to identify a location on private property at which point the signs would be handled directly by the civic organizations and the property owner. Further, .he stated the final option would be to do nothing at all. Council Member Schmidt stated he would support the option of allowing the civic organizations to place the signs on private property. He asked if that would make signs in the Historic District subject to BAR approval. Jeanette Irby stated if the signs are on private property the Town generally has no right to regulate their content unless it is a hazard to the public as it would be a non-commercial sign. Council Member Schmidt stated the wonderful thing about Rotary and related organizations is that you seek out the Rotary sign to know where the meetings are held when visiting a city. He stated there is tradition in having the familiar symbols displayed. Mayor Umstattd explained the reason the symbols became an issue was that the Sons of the Confederacy wished to display there symbol Town Council Work Session of May 12. 2008 Page 4 including the Confederate flag at all four entrances to Town. She stated the NAACP and Council were very concerned at the time, so the signs were removed. Vice Mayor Horne stated we have never given the civic organizations a valid response to taking their signs down. She expressed support for the option of allowing the civic organizations to erect signs on private property. Council Member Hammier stated Council failed last time in the process and asked that a public hearing be held before a decision is made. Council Member Wright verified there was no formal vote to remove the signs. He stated the signs were erected by the civic groups and we removed them. He stated he spoke with a citizen who was involved when the signs were originally erected; however, they were approved as a structure in the public right-of-way without water and sewer. Further, he suggested that Council apologize for removing the signs and allow the civic organizations to maintain the signs and hold responsibility for their appearance. Mr. Wells stated the signs were in the public right-of-way, so the signs required Town approval. There was further discussion of this issue including whether symbols should be placed on the signs. Council Member Reid asked if the Town could provide financing for the replacement of the signs as they were originally erected by the Kiwanis. Mr. Phil Rusciolelli, Rotary Club of Leesburg, stated we are not talking about signs, rather these are recognitions of the community for the service organizations and recognition of the members of the civic organizations. He stated he has traveled the world and always looks for the Rotary symbol. He stated he believes the three of the four signs were erected on private property. Further, he stated his organization was never given their signs back. After further discussion it was the consensus of Council to allow staff to review the history of the signs and to pursue the third option allowing the civic groups to erect their signs on private property. There was further consensus to provide funding to the civic organizations for the replacement of the signs. c. SAGE Project Update Lee Philips stated the Roadside Management Program would only pertain to roads maintained by VDOT and outlined the applicable roads in Leesburg. He stated staff recommends beginning this program on Battlefield Parkway. He stated in speaking with representatives from Lynchburg and Rocky Mount he was told that individuals sought the sponsorships from businesses. Further, he stated staff will continue discussions with Lynchburg and Rocky Mount on how to begin the program. Council Member Schmidt expressed support for this program. Town Council Work Session of May 12. 2008 Paqe 5 Vice Mayor Horne stated it was her understanding that the sponsorship funds covered maintenance of the landscaping. Mr. Philips stated he was told by staff in Lynchburg and Rocky Mount that public funds were used for maintenance. He stated perhaps the sponsorships covered initial maintenance needs. Vice Mayor Horne asked how the contribution funds would be held. Mr. Wells stated the Town could create a special restricted revenue fund. Vice Mayor Horne asked what Lynchburg charged for the sponsorships. Mr. Phililps stated the sponsorship fees ranged from $7,500 to $25,000. Council Member Hammier asked that landscaping be considered for the intersection of Edwards Ferry Road and the Route 7/15 Bypass. Mr. Philips stated an interchange is planned for that area. Council Member Wright expressed support for starting the program on Battlefield Parkway. Further, he expressed support for short-term beautification efforts at the intersection of Edwards Ferry Road and the Route 7/15 Bypass. Council Member Reid thanked Vice Mayor Horne and Council Member Wright for bringing this idea forward. He suggested that VDOT be responsible for beautification of the Battlefield Parkway segment currently under construction. Further, he stated the gateways to Town are more significant. d. Use of Loudoun Street Property/Urban Park/PPEA Proposal John Wells stated the Town has received an unsolicited PPEA Proposal for the Loudoun Street property. He stated there is also a request to waive the fees for review of the proposal. He stated if the proposal is accepted there is an evaluation period and advertising period under which other proposals can be submitted. Further, he stated as Council has considered other options such as open space for the site, staff would like direction from Council on how they would like to continue. Council Member Schmidt stated he is open to both options. Vice Mayor Horne stated she has mixed feelings on this issue. She stated her understanding is that under the PPEA the Town would be required to sell the property. Further, she asked that an item be placed on a future agenda regarding the log cabin. Council Member Martinez stated he also is torn between both options. Council Member Hammier stated the proposal would allow the Town to maintain the property and have four stories of profitable office space with a park on top. She stated this would provide tax revenue to the Town and Town Council Work Session of Mav 12. 2008 Page 6 would create synergy down the street as has always been planned. Further, she stated she spoke with Cheryl Kilday from LCVA just to do a little fact checking to see if it is realistic that this would be a place where LCVA could afford to be, at $34.00 a square foot, with the amount of space that they see for their future. She stated the answer is absolutely they need to continue discussing and so forth but, it sounds very doable and they absolutely want to get back downtown again. Council Member Wright stated this property was always planned for development. He expressed support for accepting the proposal. Council Member Reid verified there is a request to waive $5,000 in fees. He recommended that the fee be reduced stating there should be a way to incorporate some open space or public space in this project. Further, he asked that Council take action tomorrow night. Mr. Wells cautioned against attaching conditions to an unsolicited proposal. He stated other points can be negotiated later in the process. Vice Mayor Horne verified the park project would not be affected by the acceptance of this proposal as Council could end review of these proposals at any point. After further discussion it was the consensus of Council to waive the fee and to add an action item to the agenda for tomorrow night. 3. For information only May 27-28, 2008 There was no discussion of the following items. a. Urban Land Institute (ULI) Study Report b. Environmental Advisory Commission Tolbert Awards Adjournment On a motion by Council Member Martinez, seconded by meeting adjourned at 9:29 p.m. 2008_tcwsmin0512 --"~----"'- ", --