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HomeMy Public PortalAbout2010_tcwsmin0913Council Work Session September 13, 2010 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Kristen Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd Conncil Members Absent: Council Member Martinez arrived at 8:00 p.m., Vice Mayor Wright arrived at Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Scott Pazker, Capital Projects Design Manager Tom Brandon, Senior Engineer Anne Geiger, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Closed Session On a motion by Mayor Umstattd, seconded by Council Member Hammier, the following was proposed: MOTION Pursuant to Section 2.2-3711(A) (1) and (29) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of: a) to hear the fmdings of the EEOC and the results of the conciliation offer; and b) to discuss the terms of the Comcast Franchise Agreement. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, and Mayor Umstattd Nay: None Vote: 5-0-2 (Wright/Martinez absent) The Council convened in closed session at 7:30 p.m. The Counci] reconvened in open session at 8:30 p.m On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following was proposed: MOTION 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 public business matters lawfully exempted from open meeting requirements under the Virginia 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. 1 ~' , Council Work Session September 13, 2010 The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Reid, Martinez, and Mayor Umstattd Nay: None Vote: 6-0-1 (Wright absent) 2. Work Session Items for Disrnssion a. Downtown Imnrovements. Scott Parker summarized the staff recommendation to proceed forward with the list presented on Page 4 of the staff report, considered Phase I improvements. Those projects include Al -King Street (Royal to Loudoun), A2 -King Street (Loudoun to Market), A3 -King Street (Market to Cornwall), A4 -King Street (Cornwall to North), Bl -Loudoun Street (King to Harzison), B2 -Loudoun and Harrison Intersection, B3 -Loudoun Stree[ (Harrison to Market), C -Garage to King Street Walkway Improvements , and D -East End Triangle. Council Member Hammler stated that one of the central issues is parking and loading zones. Mr. Parker explained that the King Street improvements include two parking/loading spaces at each end of the block and only eight parking spaces would be lost on the middle of the King from Market to Loudoun block with the widening of the sidewalk on the west side of King Street. He also discussed widening the crosswalks and bringing the stamped, colored asphalt up to the comer to make the pedestrian crossings safer. Ryan Bouma stated between 22-26 spaces would be lost due to the projects. Council Member Reid questioned whether the street trees and lights are part of the total cost. Mr. Parker noted that the street lights are part of a grant, so are not included in the price for the project; however, the trees will be included and will not be Bradford Pears. Council Member Hammier stated the entire project needs to be transformational. She suggested the best solution might be to build the entire street and sidewalk at the same level, separating the walkway from the travel lanes with retractable bollards. Mr. Parker stated this is a minor arterial road that has significant pass through traffic and there will be significant drainage issues that will have to be engineered. He stated VDOT may have issues with bollards separating pedestrians and automobiles and there will be snow removal issues. 21i°.,e Council Work Session September 13, 2010 He discussed the major aspects of each project. Council Member Dunn suggested some additional parking spaces. He requested the town revisit the idea of a raised traffic table as a traffic calming effect. He stated he is committed to supporting the project, but is wants to fmd out what the commitment is from the property owners. Mayor Umstattd noted that action to authorize moving forward with the Phase I projects is scheduled for Tuesday night's meeting. Council Member Reid questioned why south Church Street is not on the list of recommended projects. Mr. Parker stated this list was put together based on Council feedback on what the projects were most desired. He stated the Church Street sidewalks are part of the next set of projects. He discussed the sidewalk project on the north side of Market Street. He stated there are a number of factors involved with this section of sidewalk. Council Member Reid expressed concern with voting on this project at this time. Council Member Dunn questioned whether there was consideration for automated meters. Mr. Wells stated staff is looking at automated systems for both the garage and the street meters, but they are not included in this project at this time. Council Member Hammier requested an updated on the Loudoun Street property as the overall, comprehensive vision for the downtown includes this piece. b. Southwest Connector Trail Kaj Dender gave an overview of the project. He noted in 2006, Council formed an ad hoc committee of citizens to evaluate connectivity from the southwest/southeast pare of town. He stated the [ra$ was added to the CIP in 2007 and in 2009, staff started the process of notifying property owners of easement needs. He stated as this effort went forward, concerns were raised by Country Club Green Condominiums and Tuscarora Apartment residents who felt they had not been adequately informed about the trail. Anne Geiger discussed the three phases of [his project. Mr. Dentler stated a citizen's meeting was held in June at Loudoun County High School and attended by about 50 residents. He stated the two major issues identified at that time were whether the town should build Phase 3lr~n Council Work Session September 13, 2010 III and general comments on the cost. He stated that most of the people who spoke regarding the project, would like to see Phase III eliminated. He stated that those who wanted to see the project completed, would like to at least see Phase I built. Council Member Dunn stated there have been some concerns that the South King Street trail is unsafe. He questioned why staff built an unsafe trail. Mr. Dentler stated the South King Street trail was not built unsafe and meets all design safety standards. He stated it is inaccurate to make that statement, but people have different perceptions of safety and there are different types of users on the trail. Council Member Dunn stated that he and staff visited the South King Street trail and asked Mr. Dentler to speak to some of the safety measures that have been implemented to improve upon the safety of this trail. Mr. Dentler stated they marked the pavement, cleared some of the brush and gowth, and installed additional warning notices. He stated Public Works has identified a possible pedestrian activated push button which would cost about $30,000. Council Member Dunn questoned whether the trail can be sited on the other side of Lee Avenue. Mr. Dentler stated Capital Projects reached out to the church to evaluate options and through that discussion the question was raised. He stated the trail could be placed on the other side, but there are challenges on the other side was well. He stated the church does not support the trail at all, on either side on Lee Avenue. Council Member Dunn stated he understood that crossing over Lee at Davis would be unsafe. Ms. Geiger stated Lee/Davis can be crossed but a large sight distance easement would be necessary on the Rodgers' property. She stated the original plan does not show that crossing because anytime you can avoid a road crossing, the town would prefer to. Council Member Reid questioned whether leftover funding from the design of the Southwest Connector trail could be used to make the South King Street trail safer. He suggested the trail be built before the South King Street widening is completed. Mr. Brandon stated they would have to look at the phasing. a~i~,~ Council Work Session September 13, 2010 Council Member Butler stated the Trails Committee voted for this project unanimously. He also noted that tomorrow's proposals do not include Phase III. He stated that bicycle riders do not consider the South King Street trail above Clubhouse Drive to be a general purpose bike trail. He stated it was not designed for that and it has significant design deficiencies for a general purpose trail. He stated the general guidelines for building trails include no more than five crossings per mile. He stated the South King Street trail has seven crossings in less than a quarter of a mile. He noted that two of the crossings are "at speed", where traffic is free-flowing (at the on and off ramps). He stated there is a significant portion of the South King Street aaIl that is less than two feet off the curb. He noted that the new requirements are for ten feet off the curb, which means the town would need a 20 feet easement for the trail in front of the church. Further, Mr. Butler stated that South King Street will not be used regardless of how many safety features are installed particularly not by families. Vice Mayor Wright questioned whether older children have ever been allowed to ride bicycles on paths less than six feet wide. Council Member Hammier stated the Town Council has a goal of total bike accessibility aaoss town. She noted there are other quadrants of town that are facing similar traffic issues. She questioned when the bike accessibility plan will be brought back to Council. Mr. Wells stated staff is looking at which roads can be extended beyond their current use with bicycles. He stated they are looking at signage and physical changes. He stated staff can bring that back in about 60 days. Council Member Hammier stated she appreciates all the time and effort that staff, the Ad Hoc Committee and citizens have put into this. She stated she takes full responsibility for the resolution during the budget cycle requesting additional input. She stated she was most struck by the new voices that were heazd at the town meeting in Tune. She stated some questions have been asked regarding why the Council does not reconsider the original Chancellor Street option. She stated the South King Street trail is a town/county partnership that is in place and additional safety measures will be put into place. She stated the Southwest Connector was in the CIP, but it was never added to the Town Plan. She stated it is an important responsibility of Council to review the CIP every year, which is why it is an official resolution of Council, particularly during tight financial times. Vice Mayor Wright stated if he is on the South King Street trail and is headed north to either Loudoun County High School or the W&OD trail, he 5li~~i~ Council Work Session September 13, 2010 would need to either ride down Davis Avenue where there are no sidewalks except in front of the townhouses or up South King Street to Catoctin Circle. He stated the church has talked about the impact to thew property and expansion plans. He questioned what the church will be required to build as frontage improvements as part of their expansion plans. Mr. Dentler stated they would be responsible for curb and gutter and a traffic study, if they submit a special exception request as anticipated. He stated that may dictate mm lanes. Vice Mayor Wright stated he was glad to see Phase III being deleted and commented that is one of the things the process did help highlight. He questioned the minimum distance between a road and a trail. Ms. Geiger stated that VDOT is changing the trail requirements regularly, but right now, with curb and gutter, between 3-8 feet, depending on signage. Vice Mayor Wright stated there is an opportunity to partner with the church to save them significant money with the frontage improvements that they will be required to install. Mr. Dentler stated if Phase I is approved, staff would have a conversation with the church to work out an arrangement that would be mutually beneficial to the town and the church. He stated the church will need to do a traffic study to look at their future needs and what type of improvements they would be required to install. Council Member Martinez commented that there are no[ a lot of alternative locations for a trail. Council Member Dunn stated Dominion Power cleared a lot of potential trail sites. He questioned whether these areas could be used for a trail system for Leesburg. Mr. Wells stated one of the challenges is a significant liability for Dominion Power. Council Member Dunn stated he did not expect a different answer because it is easier to say it cannot be done. He stated there are power lines along the trail in downtown Herndon. He stated the Tuscarora trail cuts across the back of the Bloom and goes up to what will be the new Douglass Elementary School and connects to the W&OD trail. He stated the property owner would be amenable to talking about installing the trail before the property is developed. He noted the dollar figure is only about $1 million. 6~r.~~ Council Work Session September 13, 2010 Council Member Dunn requested clarification as to the funding for Phase II. He questioned how much will be saved by deleting this phase. Council Member Martinez clarified that the Tuscarora trail will not connect those residents south of the bypass to the W&OD trail and is located entirely north of the bypass. Ms. Geiger stated by narrowing the trail along Loudoun County High School, about a third of the cost of this section could be saved, approximately $800,000. Council Member Butler questioned how much of the design funds have been spent to date. He stated the Chancellor Street trail was estimated to be between $2.3 and 2.8 million in 2006. Further, he stated the committee felt it was an unsafe trail because it had to cross Dry Mill Road and 90% of the trail would be in the county. He also noted that 100% of the people using the Chancellor Street trail would have to go through the neighborhood and still does not provide the neighborhood connectivity to the high school, which was a main purpose of the Southwest Connector. Ms. Geiger stated about $300,000 has been spent so far. Council Member Hammier stated the significant opposition to the Chancellor Street trail caused the town to invest in the South King Street trail. She stated the opposition to the Chancellor Street trail was small in comparison to the opposition to the Southwest Connector Trail. Mayor Umstattd stated that the two options the Council will be looking at are removal ofjust Phase III from the project or deletion of the entire trail project from the CIP. She stated she would be supporting elimination of the entire Southwest Connector Trail from the CIP. Council Member Reid stated he would be supporting elimination of the trail from the CIP, albeit reluctantly because he feels the Ad Hoc Trails Committee did a stellar job in trying to resolve a difficult political issue and the staff has done a goodjob dealing with the various issues of those affected by the trail. He stated he supported then Vice Mayor Hammlei s proposal in April to put a hold on the trail because of interest m the completion of the South King Street trail and he anticipated a land acquisition problem. He noted that cost was also a factor. He suggested staff look at the bike/pedestrian access plan for all quadrants. He stated he would like reallocation of funds to make safety improvements to the South King Street trail. 7 i~ .~ u Council Work Session September 13, 2010 Council Member Dunn questioned what would happen to the property at the comer of Lee and Dry Mill as part of the proposal for the nail. He questioned whether the trees on the comer would have been lost. Mr. Dentler stated both sides of Lee Avenue have trees some of which would have been removed. Council Member Dunn stated he would consider moving the Tuscarora nail project up in the CIP to help with connectivity. Council Member Butler stated the Tuscarora nail is not a general bike/pedestrian trail. He stated the outcry against the Southwest Connector trail is primarily from the church, more specifically from Dominion Academy, which will be significantly impacted by the church's expansion plans. He stated the church should view the nail as helpful because it will provide additional accessibility for parishioners. Further, he noted the other area of concern was Phase III, which can be eliminated. He stated there is never a recreational project that does not affect nees or people and there are always people who will object to a project. He stated this bridge is a lynchpin in the strategic direction for trails in the southeast/southwest quadrants of town. He stated the need for this is not going to go away regazdless of the South King Street trail. He stated people in the affected area will probably not show up because so many times they have responded that this is a good thing and they feel that there will always be votes against the southwest. He stated they have been waiting and pushing for 20 years for this trail. He stated people in [he southwest receive less from their tax dollars than any other section of town as they have no shopping, churches, schools or recreational projects and they don't need as much police protection because the area is very safe. He stated those residents wID be upset and disgusted because the town has given them nothing for a long time. Council Member Hammler stated this is one community and all the major recreation and parks improvements have been funded from contributions and not town tax dollars. She stated this is an unprecedented amount of money for a specific project while the town will also be looking at bike accessibility town wide in two months. She stated to suggest that Council does not care about the southwest, or any other quadrant, when faced with a costly decision, is not the type of message that Council should be sending. Further, as leaders on the Council, given the decision that we may have to face tomorrow, we should speak to the importance of the incredible parks and recreation amenities that we all share and have invested in. Council Member Dunn stated he lives outside the bypass in the Northeast quadrant. He stated town staff counted 200 people crossing the bypass around the Edwards Ferry Road/Fort Evans Road area and a lot of those 8I~>.~ Council Work Session September 13, 2010 people do not have a voice before Council. He stated there are needs all over town and Council has to make judgments the best they can. c. Douglass Elementary School/Tamer Harwood CIP amendment Kaj Dentler stated the school system will be building a new elementary school at the existing Douglass Support Facility. He stated there are drainage issues that need to be addressed for this project and the town has proffer money to improve drainage in that area associated with the Tamer Harwood development. He stated this is an opportunity for the two agencies to work together to build the school and complete the drainage improvements. He stated the school system also has proffer money. He stated the town will work with the school system on design and the town will assist with obtaining easements. Council Member Wright questioned whether the school wID require a special exception. He also questioned whether the town will have any input into the way the school and how its amenities are laid out on the site. Mr. Dentler stated the school will be a by-right use for this property. Bill Ackman stated the school system has made a first submission of the site plan to the town. Council Member Reid stated questioned whether this project wID benefit the area of town affected by the Tamer Harwood development. Mr. Wells stated the $350,000 m proffer money was originally designated for the drainage project and was originally in the CIP, but was deleted as development in the area waned. He stated the request is to put the project back into the CIP based on the development of the school. Council Member Reid stated he originally was not going to support this because he does not like the idea of the school since it will require changes to the school boundaries and he does not like the school system adding debt when there is plenty of office space that is sitting vacant. Mr. Ackman noted that regardless of whether the town builds the drainage improvements, the school system will build the school. He stated this is the town's opportunity to dovetail the two projears together so that the school system's box culverts do not contribute [o Old Sycolin Road washing out whenever there is a heary rain. Vice Mayor Wright requested this item be added to the Consent Agenda for Tuesday night's meeting along with item D. There was Council consensus for this agenda revision. 9~~., Council Work Session September 13, 2010 3. I[erns for Fntnre Council Meetings Mayor Umstattd stated that Mayor Lazaro of Purcellville and the new mayor of Round Hill expressed concern that the county's Chesapeake Bay Ordinance as drafred could impose an additional regulatory level on Loudoun towns when looking at out of town water and/or sewer facilities. She offered language for Council's consideration to send to the Board of Supervisors regarding the Chesapeake Bay ordinance. Vice Mayor Wright stated Counci] needs to make sure this ordinance will not affect the town. Council Member Butler stated that while this is called the Chesapeake Bay Act, it is only to ensure the waters m Loudoun are clean. Council Member Reid stated future land acquisition by the Airport should be taken into consideration when determining whether this county action will affect the [own. There was Council consensus to add this to the agenda for Tuesday night. Vice Mayor Wright requested the Election Date Change resolution be adjusted to include public input on whether the town should move to even or odd years. Council Member Martinez asked that an appointment to the Balch Library Commission be added to Tuesday night's agenda. He stated his nominee would be Leonor Paine. Council Member Hammier requested adding requesting the county help to fund a part time position at the Balch Library to the list of items to discuss with the Board of Supervisors. She noted that Balch Library assists with Loudoun County Public Schools recertification training. CouncIl Member Reid noted some property in the annexation area is being considered for inclusion in the Limestone Overlay District. He requested additional information on this. He also requested a discussion of whether the URAC can look into the issue of [he winter discount. Mr. Wells stated that is on the work plan for the URAC. Council Member Dunn requested a discussion about formal censuring of Council members for personal attacks. He also requested an update on expectations for the early retirement program. He requested a discussion of the items for discussion at the meeting with the Board of Supervisors. l0i'~r Council Work Session September 13, 2010 Council Member Wright requested information on how the Limestone Overlay District regulations will be applied to areas within the town, should any of those areas be annexed. Council Member Butler asked for an analysis of the impact of free parking in the town garage, except for the basement. He also asked for staff to look into whether smart phones can be utilized with the town email accounts. Council Member Martinez thanked staff for the new cameras and speakers in the CouncIl Chambers. He also commented that the Sharepoint portal is a fantastic way of receiving infoanation. 4. Adjournment On the motion of Council Member Wright, seconded by Council Member Martinez, t meeting was adjourned at 11:17 p.m. Clerk of C n 2010 tcwsmin0913 it ~i~,,i