HomeMy Public PortalAbout2003_07_08COUNCIL MEETING July 8, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, MelJnda Kramer, Mervin 3ackson, Marry
Martinez, David Schmidt, and Mayor Kristen Umstattd.
Councilmembers Absent: Bob Zoldos
Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Director of Engineering and Public Works
Tom Mason, Director of Planning, Zoning and Development Susan Swift, Director of
Economic Development Betsy Fields, Management/Budget Officer Mike Freda,
Management Intern Alex Shabelski, and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Tnvocation by Vice Mayor Jackson
B. Salute to the Flag was led by Councilmember Martinez
C. Roll Call showing Councilmember Zoldos absent.
D. Minutes:
On a motion by Councilmember Buttery, seconded by Vice Mayor Jackson, the
minutes of the June 23, 2003 worksession were approved by a 5-0-1-1 vote,
Martinez abstaining and Zoldos absent.
On a motion by Councilmember Buttery, seconded by Councilmember
Kramer, the minutes of the June 24, 2003 meeting were approved by a 4-0-2-1
vote, Martinez and Schmidt abstaining and Zoldos absent.
Presentations:
a. Proclamation - Parks and Recreation Month
On a motion by Councilmember Martinez, seconded by Councilmember
Buttery, the following proclamation was approved by a 6-0-1 vote (Zoldos
absent):
PROCLAMATTON
MONTH OF ]ULY AS PARKS AND RECREATTON MONTH .1ULY 8~ 2003
WHEREAS, parks, recreation and open space provide quality of life for our
community; and
WHEREAS, parks and recreation opportunities create connections between
people, promote harmony and sense of belonging; and
WHEREAS, recreation activities provide outlets for stress, options for
physical activity, fun and preventative health insurance for all; and
Town Council Minutes for .luly 8, 2003 Page 2
WHEREAS, parks, playgrounds, trails and recreation centers make a
community an attractive and desirable place to live, work, play and visit; and
WHEREAS, parks, greenways, trails, and open space protect and preserve
our natural environment and heritage for the future; and
WHEREAS, parks and recreation activities touch the lives of individuals,
families and entire communities; and
WHEREAS, parks and recreation activities provide a positive impact upon
the social, economic, health, and environmental aspects of our community.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim the month of July 2003 as Parks and Recreation Month. Citizens
are encouraged to celebrate by participating in their choice of quality of life
experiences, as well as maintaining healthy activities throughout the year.
PROCLA]:I~IED this 8th day of .]uly 2003.
Councilmember Martinez accepted the proclamation on behalf of the Parks
and Recreation Commission.
F. Petitioners
Scott Warner addressed Council asking for a fee waiver for the O'Neal Stewart
Motorcycle Charity Show he sponsors each year to benefit the Big Friends Program
through the Leesburg YMCA.
Mr. Warner stated if his request is denied it will take away from the proceeds to the
charity.
Further, Mr. Warner asked that consideration be given to providing two motorcycle
parking spaces in front of his establishment on North King Street.
Mayor Umstattd directed staff to provide a recommendation on the fee waiver and
discussion of the parking request at the next Council meeting.
Kevin Wright, 109 Pershing Avenue, addressed Council concerning the Pershing
Avenue project. He had concerns with how the original resolution was amended at the
June 10, 2003 Council meeting. He added that a 30-foot street width was never discussed
at a prior Council meeting.
Secondly, he reiterated that parking was needed on both sides of the street and
discussed the presence of the church with little or no on-site parking. He had concerns
with future residents of the street wanting further improvements and another capital
improvements project to fix the problem.
conclusion, he asked that Council please reconsider their June 10th decision.
Cathy Keenan, 21 Pershing Avenue, addressed Council. She discussed the
diversity of the streets in Leesburg, stating that Fairview Avenue has a 32-foot wide street
with parking on one side. She asked that the character of Pershing Avenue be preserved
and their property values not be jeopardized with damage to trees and pavement.
Town Council Minutes for July 8, 2003 Page 3
Further, she stated her concern of speeding traffic that would accompany the installation
of wider streets.
Sara Higgins, 411 S. King Street, addressed Council. Ms. Higgins invited Council to
an event sponsored by Joe Latham Guitars at the Laurel Brigade ~[nn on Friday evening,
July 11th. The event will host a Hawaiian Night featuring the Aloha Boys.
Chuck Shotton, 232 Edwards Ferry Road NE, addressed Council on behalf of the
Leesburg Historic District Resident's Association. Mr. Shotton asked Council to consider
the request of Leesburg residents to include commercial/retail space on the ground floor
of the Loudoun Street addition to Town Hall. He proposed reconsidering the use of the
current architect and the possible use of the rose garden area for the expansion.
Robert Farris, 202 Pershing Avenue NE, addressed Council regarding the Pershing
Avenue issue. Mr. Farris provided a rendering of the impact of the 50-foot right-of-way
with 36-foot roadway width and sidewalks on both sides and a 50-foot right-of-way with a
30-foot roadway width and sidewalk on one side. He pointed out the difficulty of
emergency vehicles trying to maneuver on a 30-foot roadway.
Further, Mr. Farris added the majority of the citizens on Pershing Avenue favored a
36-foot roadway width with sidewalks on both sides.
Al Van Huyck, P.O. Box 226, Round Hill, Virginia, addressed Council. Mr.
VanHuyck is the Democratic candidate for the Chairman of the Loudoun County Board of
Supervisors. He stated he plans to work with the town on road issues, schools, and
maintaining the county government offices in Leesburg.
Further, he proposed entering into discussions with the Town of Leesburg on tax
equity.
Marybeth Mohr, 205 Morven Park Road, addressed Council on behalf of the
Loudoun Museum and as the president of the Leesburg Downtown Business Association.
She stated they have a great interest in the infill of the Loudoun Street location
and encourage development of the site, as it is important to the economic development of
the Town.
Further, as Loudoun Museum Director she encouraged a cooperative partnership
agreement with the museum. Ms. Mohr gave a brief history of the development,
recognition and struggles of the African Americans in Leesburg and asked for support in a
partnership to restore and stabilize the building known as the African-American Training
Facility on Union Street.
Paige Buscema, 102 Loudoun St. SW, addressed Council with reference to the
Loudoun Street addition to Town Hall. As a downtown business owner, Eyetopia, she
stated it is important to provide ground level retail to bring revenue to Leesburg.
David .lohnson, 21 Wirt Street, addressed Council in support of more retail along
Loudoun Street. Mr. Johnson questioned why retail is not addressed in the proposed plan.
Ron Rust, 7 Wirt Street, Thomas Birkby House, addressed Council. Mr. Rust stated
retail is needed on Loudoun Street.
Town Council Minutes for July 8, 2003 Page 4
He stated that during Gallery Walk it is difficult to get visitors as far west on
Loudoun Street as the Birkby House.
Sara Chafin, 204 Pershing Avenue, NW, addressed Council encouraging them to
not extend the width of Pershing Avenue to 36-feet.
Connie Fletcher, 2:~9 W. Market Street, addressed Council in support of the
Loudoun Street addition. She stated the gap on Loudoun Street should be closed and
expressed support for the selected architect, Bowie Gridley.
G. Public Hearing:
None
H. Council Comments:
Councilmember Schmidt stated he has received a lot of positive feedback on the
recent Fourth of July celebration at Ida Lee Park.
He stated that perhaps Council should not vote on the Pershing Avenue street
improvement issue until Councilmember Zoldos has returned.
He wished Marantha Edwards a speedy recovery.
Councilmember Martinez stated the Fourth of July celebration was excellent.
Further, he had concerns with the traffic impact on the Exeter neighborhood.
Vice-Mayor Jackson stated Council should move forward tonight with a vote on the
Pershing Avenue street improvements.
Councilmember Buttery had no comment.
Councilmember Kramer also congratulated staff on the excellent Fourth of July
celebration.
l~layor's Comments
Mayor Umstattd echoed best wishes to Marantha Edwards for a speedy recovery.
She stated the Classic Car Show was a success and reported that Jock's Exxon did
not suffer a loss of business during the event. Further, the downtown restaurants were
very busy during this event.
The Mayor also commented on the success of the Fourth of July celebration stating
a lot of folks from out of town were in attendance and suggested promoting Leesburg
during this event.
Mayor Umstattd thanked all the Pershing Avenue residents for voicing their
concerns at tonight's meeting.
She reported that she has been in contact with Terry Laycock who stated the
Loudoun County Board of Supervisors has fully funded the South King Street Trail.
.1, Manager's Report
Bob Noe thanked the Parks and Recreation Department, Public Works Department
and the Police Department for a fine Fourth of July celebration.
Town Council Minutes for .luly 8, 2003 Page
He reported that Officer Spurlock of the Leesburg Police Department has
coordinated in conjunction, with the Department of Criminal Justice Service, a four-hour
training session on Theft of Historic Resources.
Further, the Planning Commission will hold a public input session on the Town Plan
update at 7:00 p.m. at Balch Library on July 3rd.
Mr. Noe thanked the citizens of Leesburg for their awareness of the new trash and
recycling guidelines recently put in effect. He stated that after further consideration,
plastic containers marked for yard waste or recycling can be used in lieu of brown bags.
K. Legislation
l ORDTNANCES J
None
L CONSENT AGENDA J
None
REGULAR AGENDA J
On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson, the
following motion was proposed:
2003-110
RESOLUTZON
Approving SE-2002-08, Holy Trinity Lutheran Church, 605 W. Market Street, to permit the
expansion of the existing childcare center and church use.
Councilmember Buttery proposed an amendment to strike the second sentence in
Condition No. 6.
Vice-Mayor Jackson asked the status of the left turn lane?
Susan Swift stated Condition No. 7 has been revised to address the issue of a
future dedication for public street purposes.
Vice-Mayor Jackson accepted the amendment to Condition No. 6.
The amended motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, and Mayor Umstattd
Nay.' None
Vote: 6-0-1 (Zoldos absent)
On a motion by Councilmember Schmidt, seconded by Councilmember Martinez,
the following motion was proposed:
2003-115
RESOLUTTON
Amending Resolution No. 2003-98 to change the street widths and sidewalk locations for
Pershing Avenue improvements,
Town Council IVlinutes for .luly 8, 2003 Page 6
Mayor Umstattd clarified the previous resolution stated that everything south of the
alley woUld be 30-feet wide and north of the alley 36-feet wide.
She stated Councilmember Zoldos had requested two different changes to that
resolution; everything south of the alley at 36-feet width except for the first 280 feet.
Another variation was south of the alley to the 280 feet mark 34-feet width and then 30-
feet width south to Market Street.
She stated Councilmember Zoldos' preference is for the three-stage process.
Tom Mason stated the three-stage process was accurately described.
He stated the staff recommendation is a 30-foot wide section to avoid damaging
the wall and a transition after 280 feet to 36-feet all the way to the end with sidewalk only
on the west side.
Councilmember Buttery stated the 30-foot wide section within the 280-feet area
would have parking only on one side, then the 34-foot wide section further north to the
alley would have parking on both sides, with the sidewalk on the west side only.
Councilmember Schmidt clarified his motion was to consider sidewalks on both
sides except for the 280-foot section where the sidewalk is only on the west side.
Vice-Mayor .lackson seconded the motion.
Councilmember Buttery stated he has concerns with the impact on trees.
Therefore, he would recommend a three-stage process transitioning from a 30-foot width
to a 34-foot width and then a 36-foot width with the sidewalk on the west side.
Aye:
Nay:
Vote:
Schmidt, Martinez, Jackson, Buttery, and Kramer
Mayor Umstattd
5-1-1
Tom Mason verified Pershing Avenue would be 30-feet from Market Street to 280
feet north, from that point to the alley it would be 34-feet, and from the alley to the end
of the street 36-feet wide with the sidewalk on both sides with the exception of the 30-
feet portion with a sidewalk on the west only.
Councilmember Buttery stated it was his understanding that he was not voting on
sidewalk on both sides.
Councilmember Schmidt stated that his motion was sidewalk on both sides with the
exception of the 280 feet with sidewalk on the west side only.
Councilmember Buttery asked for a revote.
The motion was approved by the following vote:
Aye:
Nay:
Vote:
Schmidt, Martinez, ~lackson, and Kramer
Buttery and Mayor Umstattd
4-2-1 (Zoldos)
Town Council Minutes for 3uly 8, 2003 Page ?
On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, the
following motion was proposed:
2003-:!.:!. :1.
RESOLUTZON
Amending the development plan review and inspection fee schedule.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay-' None
Vote: 6-0-1 (Zoldos absent)
On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the
following motion was proposed:
2003-Z'12
RESOLUTZON
Authorizing an amendment to the contract with the architect to design an additional 6,500
square feet of space for the addition to Town Hall.
Councilmember Schmidt clarified Bowie Gridley & Associates are fine architects and
the proposed plan is flexible. He stated he supports the additional 6,500 square feet and
the build out of Loudoun Street. He added the additional space could be leased to
increase revenue. Further, there will be no impact on the taxpayers at this time since we
will be borrowing from the Utility Fund.
Councilmember Martinez agreed with Councilmember Schmidt on the advantages
of building out Loudoun Street and a mixed use with retail space. He stated the addition
would create an incentive to continue down Loudoun Street. Further, he stated he would
not be in favor of developing the area of the rose garden as suggested by a petitioner at
tonight's meeting.
Councilmember Kramer stated this addition is an investment in the town. She
stated we should look at our vision and what we expect the town to be able to accomplish
in coming years. This will create an economic engine that will jumpstart that part of
Town and build upon our historic retail.
Further, she stated that the architect is of exceptional quality. This infill project
will create an air of what the street used to look like. She added Staunton, Virginia has
done an amazing job with an infill project to build a parking garage.
Vice-Mayor Jackson stated he opposes the additional funding and does not wish to
raise taxes, He added that the 2005 CIP would probably require a tax increase.
Councilmember Buttery asked for clarification on funding approval by a previous
Council?
Nicole Ard stated Council provided funding through the 2003-2007 C~[P Summary
Year in the amount $3.3 million with $400,000 of prior authorization. Ms. Ard clarified the
C:[P was approved in the FY 2003 budget.
Mr. Noe clarified that a stand-alone resolution has not been passed for this
addition. A resolution adopting the budget and C]~P incorporates the $3.3 million,
Town Council Minutes for ,luly 8, 2003 Page 8
Mr. Noe explained that with capital projects we take generally accepted standards
in what they cost. That is how we arrive at a number in the CIP. Council will then make a
decision as to whether to authorize a contract.
Councilmember Buttery stated when we voted to authorize the selection of the
architect, we didn't vote on approving funding for the actual construction. Further,
tonight's vote will be for the additional architectural renderings.
Mr. Noe stated the motion is to add 6,500 square feet to the proposed building and
to authorize the architect to design a building based on that entire space.
Councilmember Buttery stated he could support the design.
Bob Noe commented the architect has not been given any direction; from this point
on we will give direction as to what we want.
Mayor Umstattd stated she would be opposing this resolution for an additional
6,500 square feet. She stated if we move forward retail should be kept in perpetuity.
Further, she believes this is the wrong place for government office space causing loss of
small businesses. She stated we should not use prime retail space. She added her
concern with no cap on the total cost of the building. Further, she stated this is not a
better location for the visitor's center. She noted it does make sense to move now, but
this is the wrong location.
Councilmember Schmidt suggested revising the motion to strike the fourth
"whereas" and the Utility Fund amount changed from $1.225 million to $120,000 and
insert a sentence as follows, "Whereas, the Council desires first floor retail space
incorporated into the design.
Mayor Umstattd stated she would support those amendments.
Bob Noe stated that the title should be revised as follows: "Authorizing an
amendment to the contract with the architect to design an additional 6,500 Sq. Ft. for the
addition to Town Hall". ]:n the resolve, it should read, "to amend a contract"
Councilmember Martinez asked staff to revise the resolution and return at the end
of the meeting.
Mayor Umstattd stated Council would proceed with this item at the end of the
legislative agenda.
On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the
following motion was proposed:
RE$OLUT]:ON
Authorizing the Town Manager to enter into a cooperative agreement with Loudoun
Museum and a donation to the Loudoun Museum of.$150,000.
Councilmember Buttery stated he appreciates the museum director making public
the building that the museum would like to renovate.
Town Council Minutes for July 8, 2003 Page 9
He stated funding is not critical at this time. Further, he would like citizens of the
town to have an opportunity to respond.
He asked that the $150,000 fund donation for fiscal year 2005 be removed from
the resolution at this time.
Mayor Umstattd stated this the first that the public has been aware of the
significance of the building. She stated there is probably strong public support, but it is
premature to vote tonight. The Mayor stated she prefers that this item return at the next
council meeting in a resolution that fully outlines the significance of the building and its
protection as a historic structure.
Marybeth Mohr stated the school board would like the museum to come to the
table with a commitment from the town. She stated she is looking for the support of the
community in the conservation of the training school. The reason the number is in here
is the available federal grants to save the building are available with a public-private
partnership.
The Mayor stated the resolution for the next Council meeting should include the
historical significance of the building, the address of the building, full definition of its
meaning to the town, and a clear definition of what type of agreement.
was the consensus of Council to revisit this issue in two weeks.
Bill Donnelly stated there are a number of financial questions to be identified.
Council should direct staff to enter into discussions and negotiations with the museum and
the school board before returning with business terms for endorsement. Then an
agreement can be drafted.
He stated the museum agreement might be similar to the recent grant to Dodona
Manor to assist with rehabilitation and renovation.
He suggested a general statement of support for the project, entering into
negotiations and returning with basic business terms.
The Mayor asked that all historic facts be provided to staff.
2003-1:~2
RE$OLUT]:ON
Authorizing an amendment to the contract with the architect to design an additional 6,500
square feet of space for the addition to Town Hall.
Town staff returned with revised language to the Town Hall addition.
Mayor Umstattd read the amended resolution.
Councilmembers Martinez and Kramer accepted the revised language.
Councilmember $chmidt reminded Council that the design option should be
addressed. He suggested adding language to include, "design known as Option B2".
Councilmember Buttery suggested additional language stating, "some first floor
retail space".
Town Council Minutes for .luly 8, 2003 Page 10
Bob Noe stated Council would have the opportunity to approve the final design at
which time they can determine how much retail.
Councilmember Buttery withdrew his amendment to add "some" first floor retail.
The amended resolution was approved by the following vote:
Aye: Buttery, Kramer, Martinez and Schmidt
Nay: Vice-Mayor Jackson and Mayor Umstattd
Vote: 4-2-1 (Zoldos absent)
On a motion by Councilmember Martinez, seconded by Councilmember Schmidt,
the following motion was proposed:
2003-113
RESOLTUTON
Authorizing Part B final design of the contract with Michael Baker Jr., Inc. for the Town
Branch Improvements from South King Street to Monroe Street in the amount of
$102,300.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zold0s absent)
On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson, the
following motion was proposed:
2003-114
RESOLUTION
Setting the Town Council Calendar.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Boards and Commissions
a. Airport Commission - No comment
b. Thomas Balch Library Commission - No comment
c. Board of Architectural Review - No comment
d. Cable Commission - No comment
e. Economic Development Commission - No comment
f. Environmental Advisory Commission - No comment
g. Tnformation Technology Commission - No comment
h. Parks and Recreation Commission - No comment
i. Planning Commission - No comment
j. Tree Commission - No comment
k, Standing Residential Traffic Committee - No comment
New Business
None
Town Council Minutes for .luly 8, 2003 Page ! 1
N. Adjournment
On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the
meeting adjourned at 9:50 p.m.
~ e. Ur~tattd,
Town of Leesburg
A-I-I-EST:
~1: Clerk/min utes/2003_tcmin0708.doc