HomeMy Public PortalAbout2005_01_25COUNCIL MEETING .lanuary 25, 2005
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Home,
Melinda Kramer, Marty Martinez, Robert Zoldos, and Mayor Kristen Umstattd.
Staff Present: Town Manager John Wells, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Director of Engineering and Public Works Tom Mason, Chief of Police Joe
Price, Director of Planning, Zoning and Development Susan Swift, Director of Finance
Norm Butts, Director of Economic Development Betsy Fields, Kim Davis and Clerk of
Council Judy Ahalt.
AGENDA ITEMS
B.
C.
D.
Znvocation by Councilmember Horne
Salute to the Flag was led by Mayor Umstattd
Roll Call showing all present
Minutes
a. November 22, 2004 work session
On a motion by Vice Mayor Martinez, seconded by Councilmember
Zoldos, the minutes of the November 22, 2004 work session were
approved by a 7-0 vote.
b. December 14~ 2004 regular meeting
On a motion by Vice-Mayor Martinez, seconded by Councilmember
Kramer, the minutes of the December 14, 2004 were deferred by a 7-0
vote.
Presentations
a. Proclamation - Black History Month February 200S
This item was deferred to the first meeting in February.
b. Loudoun County Supervisor Clem
Supervisor Clem was unable to attend this meeting.
c. Certification of Appreciation - Chuck Shotton
On a motion by Councilmember Zoldos, seconded by Councilmember
Hammler, a Certificate of Appreciation was approved by a 7-0 vote and
presented to Chuck Shotton for his service to the town and Cable
Television Advisory Commission for the period 1999-2004.
Councilmember Zoldos thanked Mr. Shotton for his efforts in bringing
the town's cable efforts into the 21st century. He stated it is a pleasure to
present this certificate to Mr. Shotton on behalf of the town and its
citizens in appreciation of the very hard work he has done.
Town Council Minutes for January 25, 2005 Page 2
Councilmember Hammler stated it is a real loss to not have Mr.
Shotton on the Cable Commission at a time that very important Verizon
franchise negotiations. She spoke of Mr. Shotton's expertise and
experience from a technical perspective.
Councilmember Hammler stated Richard Herndon, a lifelong resident
of Leesburg and one of the first members of the commission, is another
significant loss to the Cable Commission. She stated the loss of these
two people will create a significant gap in expertise on the commission.
She thanked Mr. Shotton for his dignity and courage to set the record
straight.
Petitioners
The petitioner's section opened at 7:40 p.m.
Paige Buscema, Eyetopia, Vice President of the Downtown Business
Association addressed Council.
Ms. Buscema stated the Downtown Business Association would be sponsoring
the Taste of Leesburg, Madi Gras Style, on February 4, in conjunction with the
monthly First Friday. She stated 25 host sites and over 20 musicians and
restaurants are participating in the event. She thanked the Downtown Coordinator
Lisa Capraro for her assistance with the event.
She presented a book entitled, "The Tipping Point" written by Malcolm
Gladwill. She stated this book focuses on how little things can make a big difference.
The book talks about if a building has a broken window and if it is left unrepaired, it
gives the public the impression that nobody cares. Over time more and more
windows become broken and this spreads in the streetscape.
She stated the Downtown Business Association is working to clean up some of
the areas that need beautification, such as alleyways. This will say that somebody
cares and that little things make a big difference.
Jerry Shamla, Kincaid Forest Homeowner's Association, discussed why Council
needs to spend money fighting Dominion Virginia Power. First, for self-preservation
as the proposed routes could potentially impact homes. Secondly, the need to
protect our tax base. He stated all of the proposed routes would impact Loudoun
County if they were overhead; however, some of the proposed routes will not impact
Leesburg. Further, he stated the proposed resolution basically relies on the county
to convince the State Corporation Commission to bury the transmissions around
Leesburg. He stated this is a Iow cost high-risk solution for Leesburg.
He recommended a lawyer be hired with significant experience in State
Corporation Commission cases. He added there are other options and suggested
that action on the proposed resolution be delayed.
Mallory Fuhrer, 923 Rhonda Place, addressed Council. Ms. Fuhrer spoke in
support of Mr. Shamla's comments and asked Council to table a vote on the
proposed resolution until such time they have more information.
Town Council Minutes for January 25, 2005 Page 3
Ms. Fuhrer added there is the need for different options, especially since the
legislatures say all lines will not be underground. She added we have to consider
where we want overhead lines.
Dan Maticic, 955 Rhonda Place, addressed Council supporting the comments
of Ms. Fuhrer and Mr. Shamla. He asked Council to delay a vote on the resolution
until they have consulted an attorney specializing in the field. He also reminded
Council that overhead lines would have a negative impact on the tax base.
Sue Patania, 210 Newhall Place, addressed Council. Ms. Patania asked
Council to approve the proposed bond issue regarding completion of certain public
improvements, one of which is the sidewalks on Catoctin Circle.
The Mayor verified the public hearing on the bond issue would take place on
February 23 and by a 2/3 vote the rules may be suspended to vote that night.
Ms. Patania also thanked Council for their recent action to lower the speed
limit on Catoctin Circle.
Councilmember Hammler stated she supports the sidewalk although a bond
issue is a major undertaking and she would not feel comfortable moving forward too
quickly. She added it might be that a vote will not occur until two weeks after the
public hearing.
Chuck Jones, 112 Prince Street, addressed Council regarding his concerns
about the Joint Land Management Area (JMLA) and the proposed county plan
amendments and its affect on the town's fiscal and economic development
management.
He discussed the evolution of the county comprehensive plan over the years
stating that with each revision the Joint Land Management Area was reduced. The
county was trying to shepherd growth around the population nodes of the county.
The 200! plan only left the area around the airport and the NE quadrant built out.
He stated a comprehensive plan reflects the policy of the jurisdiction. Further, the
towns need to rely on that policy for their growth.
Mr, Jones read the following for the county Joint Land Management Area Plan,
"Development within JMLA will comply with the Leesburg Area Management Plan, the
Toll Road Plan, the annexation area development policies as may be amended and
the Leesburg Town Plan. The South East portion of the Joint Land Management Area
Plan will be remapped to zoning classifications that are compatible with the land use
map and are compatible with the Leesburg Executive Airport."
He added the town should rely on knowledge and the standards and
processes involved in the county plan for our future development.
The petitioner's section closed at 8: :LO p.m.
Dianna Price addressed Council regarding the polling places and precincts for
the Town of Leesburg.
The Mayor stated she hopes voters will be able to vote at the same location
for local and national elections.
Town Council Minutes for .lanuary 25, 2005 Page 4
Ms. Price stated the original nine polling places would assure that voters
would vote at the same place for all elections, but at a higher cost to the town.
She further explained the five-precinct option would split voters at Harper
Park and Frances Hazel Reid Elementary.
After further discussion on the option of five or nine precinct, Council decided
the preference would be to allow citizens to vote at the same place for town and
other elections.
Councilmember Hammler stated the Leesburg Today has offered to run a full
page colored ad to notify citizens of the new voting locations.
Councilmember Zoldos added the change back to nine precincts would cause
additional confusion at the next election.
Public Hearings
a. Proposed amendments to Chapter 10, Article VT of the
Leesburg Town Code regarding parking regulations
Betsy Fields outlined the proposed code revision necessary to
implement the Council approved Downtown Parking ~[mprovement Plan.
She stated the revisions address the following issues: (1) parking fine
schedule, (2) meter Locations and time limits, (3) meter hours and rates,
(4) parking garage regulations, (6) parking garage rates, and a few
housekeeping changes.
Ms. Fields added there would be a period of adjustment since a lot of
changes are being made.
Councilmember Burk stated she heard from Photoworks that our
downtown is the only part of Leesburg where people have to pay to park.
Councilmember Home stated her appreciation for the work staff has
done, especially with the local merchants. She recommended a
mechanism for a reassessment in six months to see how the changes are
working.
Councilmember Hammler thanked Ms. Fields for being responsive.
She stated that Roberta Comerie, 105 Liberty Street, asked her to follow
up on what is going to happen with the overnight parking in the garage.
Ms. Comerie had concerns with the methodology used by the consultant,
where he was looking at the parking of Leesburg during a two-week span
in August and the basic assumption that we don't have a parking problem,
just managing the parking.
She asked the cost perspective from staff for the validation program?
Ms. Fields stated it would just be the supply cost for the stickers.
Mayor Umstattd asked the position of the Downtown Business
Association regarding these changes?
Town Council Minutes for .lanuary 25, 2005 Page
Ms. Fields stated that to her knowledge they continue to be supportive
of these changes. She added they did send out notices to all business in
the historic district and have heard no further comments or concerns.
The Mayor stated we would have to check whether the BAR has any
restrictions on window stickers for advertising.
The Mayor stated on evenings of Gallery Walk and the Acoustic on the
Green we have chaos_in the garage because we are not letting people out
of the parking garage on Loudoun Street until 8:00. She asked that we
consider opening the Loudoun Street gate at 6 p.m. on Gallery Walk
nights.
Councilmember Burk asked if we have given any thought to selling the
kiosk on the Loudoun Street entrance of the parking garage?
Betsy stated she does not know if we have ever used it and to her
knowledge we have not considered selling.
Councilmember Home added that we need to better enumerate the
levels that vehicles are parking on.
Ms. Fields stated we intend to have numbering and letter labeling.
Councilmember Zoldos left the meeting at 9:00 p.m. due to a change
in work schedule.
The public hearing opened at 9:01 p.m.
Brett Phillips, Amendment I, i East Market Street, addressed Council
stating they got a letter from the town dated January 20 stating that the
rates for reserved parking spaces in the parking garage would increase to
$60.00.
He stated staff has already decided this will happene~ and Council will
approve it.
Mr. Phillips stated with the proposed increase in fines there is the
likelihood that a tourist could be convicted of a felony for parking in a
handicapped parking space in the garage. He stated we would be
increasing the fine from $100 to $400.
He stated the town does not have an infrastructure, cost or parking
availability problem; you have an incredible management problem with
this garage and downtown parking. He stated we have been told that
there is a waiting list and have asked for it. He added Council has punted
this issue to a bunch of consultants and the Economic Development
Director who have no certification in city planning, parking or traffic
management. Further, he stated there is a 70% rate increases to
parking in that garage and now you are telling us we can't park in the
garage overnight. He added the citizens of Leesburg are subsidizing the
garage.
Town Council Minutes for .lanuary 25, 2005 Paqe 6
Mr. Phillips provided photographs showing the condition of the
entrance into the garage and the alley on a snow covered morning at 9:00
a.m. Further, town employees are using 85 spaces free of charge at a
cost of $31,500 a year.
Councilmember Hammler stated she would like to see a copy of the
letter sent to the permit holders.
Ms. Fields stated they polled the existing permit holders to see if they
want to continue renting the space at the new rate and if they are
interested in purchasing an unreserved space. She apologized for the
wording of the letter.
Mr. Phillips stated he wrote a letter to the town manager when he first
heard of the proposed unreserved spaces with an enclosed check for $800
to reserve 20 of the spaces. Several months later the town staff still has
not determined the criteria for allotting the spaces.
Grace Craiq, Leesburg Hobbies and Collectibles, 9 West Market Street,
addressed Council.
IVls. Craig stated there is only retail type business between King and
Wirt Street. They have a 30-minute meter in front of their store, which
causes problems for several handicapped or elderly people. She proposed
the concept of letting the merchants use a rubber stamp to use for
validating parking in the garage.
Howard Armfield, 20 S. King Street, addressed Council. Mr. Armfield
stated they are multi-space users of approximately 25 spaces. He asked
how many assigned places are there currently?
Ms. Fields stated 97 and to the best of her knowledge they are all
rented. She stated the unreserved spaces must park above the street
level.
Mr. Armfield stated town employees should pay just like everyone else
who uses the garage. He asked the status of the Liberty Street Lot.
Ms. Fields stated 120 spaces have recently been restriped. 50 of those
spaces are reserved for county use per our agreement with them when
they built the County Office Building on Harrison Street. She added a lot
of businesses use the Liberty Street Parking Lot. She stated they are
going to revisit the Liberty Street parking issue with the county.
Mr. Armfield stated the county stated they have said informally that
the public can use their spaces at Liberty Street. Mr. Armfield added that
it is important to remember that the garage was built to stimulate the
economy of the downtown.
The public hearing closed at 9:17 p.m.
Town Council Minutes for ,lanuary 25, 2005 Paqe '7
Councilmember Burk verified that approximately 85 employees have
been issued permits, however all of those do not park in the garage.
The Mayor asked staff to look into the issue of turning disabled tourists
into felons by the doubled fine for parking in the handicapped zone.
Ms. Fields stated she believes the state law would allow charging up to
$500 for parking illegally in a handicapped space, but she would clarify
that issue.
Councilmember Horne stated her concern that we have long-time,
committed businesses that have reserved spaces. Further, she asked
that the disposition of the $800 check be ratified and that we honor the
request.
She asked the Town Manager if perhaps there could be a trial basis of
rotating departments out to the Liberty Street lot and a provision to
consider the safety of employees walking to the lot after dark.
The Mayor stated if the county is not using the spaces at Liberty
Street, we should contact them.
Councilmember Home stated the county parking garage signs say only
county employees and suggested that that they allow after hours and
weekend parking.
Betsy Fields stated they are working to rectify that.
Vice Mayor Martinez suggested that handicapped parking be moved
closer to the lobby of town hall and making the signs more visible.
Betsy Fields stated staff could pursue that immediately.
John Wells stated he and staff would be walking the garage to survey
the handicapped parking issue.
Sandy Kane addressed Council adding that additional handicapped
parking spaces on the Loudoun Street side of the garage would be very
helpful.
b. TLSE-2004-O006 - Catoctin Circle Centre bank with drive-thru
Chris Murphy outlined this application for a special exception to allow a
three-lane bank drive-thru as part of a :[0,000 square foot bank proposed
in the Catoctin Circle Centre on Catoctin Circle NE.
He outlined the conditions of approval as set forth at the Planning
Commission.
Councilmember Kramer verified that adjoining property owners have
been notified of the proposed bank.
Mr. Murphy stated there is a condition that traffic improvements will
include building a south bound lane to Edwards Ferry Road and two twelve
Town Council Minutes for January 25, 2005 Page
foot lanes at the site entrance. He added a traffic signal at Edwards Ferry
Road is Council's decision.
Vice Mayor Martinez stated the B-2 zoning ends at the elm tree and
the buffer is sufficient for the adjoining house as it stands, but what if the
homeowner decides to do something else with the property?
Mr. Murphy stated the adjoining property owners have been notified
and with the public hearing at the Planning Commission and Council level
were offered the opportunity to voice their opinion or concerns. Further,
he stated if the applicant wishes to make changes to the special exception
it would come back to Council.
Councilmember Home questioned the shared parking concept?
Mr. Murphy stated the applicant currently meets the ordinance
regarding parking, but when Building A, Phase IT is built, the applicant will
have to decrease the size of the building or have approval for a shared
parking agreement from the Planning Commission.
Councilmember Hammler thanked Mr. Murphy for the wonderful
presentation and the Planning Commission for their hard work on this
special exception.
She stated she is looking forward to this development, which will
encourage people to get out of their cars.
Mike Banzhaf stated that Brian Burke and the architect for the project
are available if there are any questions.
Larr Kelly, 404 Edwards Ferry Road at the corner of Prince Street
addressed Council regarding the drive-thru bank and parking structure.
He stated he has a problem with this project going forward while Catoctin
Circle is not open. He stated the transportation plan shows no cars going
north on Catoctin Circle; however they use Prince Street to go north. He
added with more commercial growth and more traffic on Catoctin Circle,
the need increases to have Catoctin Circle open to allow the flow of traffic
in the northeast. He also suggested that more crosswalks should be
installed on the streets intersecting with Edwards Ferry Road.
Mayor Umstattd asked what could be done about pedestrian crossings?
John Wells stated we could stripe those crossing when the weather
permits.
Councilmember Horne suggested brick imprinted crossings as are used
on Market Street.
Tom Mason stated the Lowenbach committee is proposing some
improvements. Further, due to the weather only asphalt patching can be
done until approximately IVlarch.
The public hearing closed at 9:59 p.m.
Town Council Minutes for .lanuary 25, 2005 Page 9
c. TLSE-2004-O007 - Catoctin Circle Centre private parking
structure
The public hearing opened at 10:00 p.m.
Chris Murphy outlined this special exception for a four-level,
approximately 400 space parking structure in the Catoctin Circle Centre.
Mr. Murphy stated staff and the Planning Commission are
recommending conditional approval.
Councilmember Kramer stated she is shocked as to how much can be
put on this site and asked if the town arborist has been consulted on this
application?
Mr. Murphy stated he has and some trees will be preserved.
Councilmember Kramer stated there are no storm water management
issues on this site and the residents in the area will not be affected.
Councilmember Burk asked if the Tree Commission has been consulted
and if not they should be. Further, she asked if there is a road from this
site to Plaza Street?
Mr. Murphy stated a road would connect with the Leesburg Plaza site.
Councilmember Home stated she appreciates lighting in the garage
being considered.
Councilmember Hammler verified the property was posted and
adjoining property owners were notified.
Mike Banzhaf stated his client concurs with the conditions set forth for
approval.
There were no speakers for this public hearing.
The public hearing closed at :t0::[6 p.m.
Legislation
ORDINANCE
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammler,
the following ordinance was proposed:
ORDINANCE
2005-O-2
Amending Town Code Article II (Vehicle Licenses) of Chapter 10 (Motor Vehicles and
Traffic) by changing the due date for the payment of a license fee on all motor
vehicles normally house, garaged, stored, or parked within the town and providing
for participation in the Northern Virginia Decal Enforcement Compact.
Mayor Umstattd verified the decal applications would go out at the same time
as the personal property tax bills, which is in September of each year.
Town Council Minutes for January 25, 2005 Page ]0
Councilmember Burk stated she could not support this proposal because it
would put an extra burden on citizens at this time of the year.
Councilmember Hammler stated we should follow through with anything we
can do to simplify the process.
The motion was approved by the following vote:
Aye: Hammler, Home, Kramer, Martinez and Mayor Umstattd
Nay: Burk
Vote: 5-1-1 (Zoldos absent)
On a motion by Councilmember Horne, seconded by Councilmember
Hammler, the following ordinance amendment was proposed:
ORDINANCE
2005-O-3
Amending Sections 17-1.1, 17-1.4, and 17-1.6 of the Town Code providing for real
estate tax relief for the elderly or totally and permanently disabled.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
J CONSENT AGENDA J
On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, the
following consent agenda was proposed:
RESOLUTION
20OS-10
Making a reduction of the performance guarantee for public improvements installed
in Edwards Landing Section 3.
RESOLUTION
2005-:L:~
Accepting public improvements, releasing the performance guarantee and approving
maintenance guarantee for public improvements at the Memorial Drive Subdivision.
RESOLUTION
2005-::L2
Accepting public improvements, releasing the performance guarantee and approving
maintenance guarantee for public improvements at River Creek Parkway South.
The consent motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
REGULAR AGENDA J
On a motion by Councilmember Home, seconded by Councilmember
Hammler, the following motion was proposed:
Town Council Minutes for .lanuary 25, 2005 Page
RESOLUTZON
2005-13
Requesting the Virginia Department of Transportation to accept certain streets.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, IVlartinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
following motion was proposed:
RE$OLUT]:ON
2005-14
Approving a fee waiver request for Heritage High School's annual homecoming
parade.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Councilmember Home, seconded by Councilmember
Hammler, the following motion was proposed:
RE$OLUT]:ON
2005-15
Making an appointment to the Parks and Recreation Advisory Commission - Betsy
Mayr
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Councilmember Kramer, seconded by Councilmember Burk,
the following motion was proposed:
RESOLUT:I:ON
2005-16
Making an appointment to the Cable Commission - Tony Fasolo
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer,
the following motion was proposed:
RESOLUTZON
2005-17
Town Council Minutes for January 25, 2005 Paqe 12
Town of Leesburg's position on Creekside and Peterson CPAM's and related planning
issues
Vice Mayor Martinez read a resolution from the Airport Commission as
follows:
WHEREAS, the Federal and State governments and the Town of Leesburg
have substantial investments in Leesburg Executive Airport and need to take
appropriate steps to protect the public's investment, not only for the airport's sake
but also for the economic viability of the many businesses within Loudoun County
and the Town of Leesburg that the airport enhances; and
WHEREAS, compatible land uses surrounding airports include commercial,
industrial, agricultural, golf courses, parks and other similar uses; and
WHEREAS, incompatible land uses within 7,500 feet of an airport runway
include residences, schools, places of worship, hospitals, daycare centers, nursing
homes, large open-air assemblies such as stadiums and amphitheaters, and other
similar uses; and
WHEREAS, airports are environmentally incompatible with certain types of
developments and land uses that are in close proximity; and
WHEREAS, the Leesburg Executive Airport Commission considered the
proposed development west of the airport referred to as Crosstrail; and
WHEREAS, the Leesburg Executive Airport Commission came to a consensus
that the county is increasingly under pressure to allow residential development close
to airports.
THEREFORE, RESOLVED that the Leesburg Executive Airport Commission is
opposed to any further incompatible development within 7,500 feet of the runway;
and
THEREFORE, FURTHER RESOLVED that the Leesburg Executive Airport
Commission is opposed to any residential development within the proposed Crosstrail
development; and
THEREFORE, BE :IT FURTHER RESOLVED that the Leesburg Executive Airport
Commission recommends that the Leesburg Town Council make every effort to
prevent additional residential development within 7,500 feet of the Leesburg
Executive Airport's runway.
Stephen H. Axeman, Sr.
Chairman
Also, Councilmember Martinez stated the Airport Commission believes that a
county board member or representative should sit on the commission to better
understand the economic impact of residential development around the airport.
He asked that Council's resolution to the Loudoun County Board of
Supervisors have the airport resolution and letter recommending a seat on the
commission for a board member attached.
Town Council Minutes for ~lanuary 25, 2005 Page
Councilmember Horne reiterated this relates to residential development and is
not saying that we don't want compatible commercial development.
Councilmember Hammler asked that we be sure of our facts on page two of
the resolution regarding whether the Loudoun County Board of Supervisors have
agreed or will accelerate the CPAM applications.
Mr. Wells stated on February I the Board of Supervisors would vote on
whether or not to consent to be part of the special exception on one of the projects.
Councilmember Hammler suggested removing "as planned" from Section T
since there have been delays in the project adding we should be careful of the
wording to ensure we get the maximum enhancements of the park as we
anticipated.
Mayor Umstattd stated based on what we know, that would be covered.
Councilmember Hammler recommended strengthening the terms of Section I!
of the proposed resolution. She stated she applauds the Airport Commission inviting
the board to get involved in their commission, but we need stronger wording on
more directly engaging discussions. She suggested expanding the language saying
cooperation in conjunction with the town and building on it as it relates to
conversations with the county and joint discussion regarding the joint planning and
decision making process, including but not limited to LUGAM, Leesburg Urban Growth
Area Management Plan, so as to be more specific about what we are looking for at a
seat at the table for these discussion.
Mayor Umstattd stated those are some good points, but because the
proposed PUGAMS OR LUGAMS issues would involve more than these specific
CPAMS. She added we would probably need a more comprehensive discussion
outside the borders of this resolution and suggested putting it on the next agenda to
begin to look on how we might start that discussion.
Councilmember Hammler stated as we are looking forward to this meeting
with the Board of Supervisors, we need to be prepared to answer the question that
yes this is a very significant concern about development around the airport, but
previous Council's have approved Oaklawn and Stratford around the airport and why
that precedent was set.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez, and Mayor Umstattd
Nay: None
Vote: 6-0-1
Mayor Umstattd thanked Mr. Herring, the Airport Commission, the citizens,
and town staff for all their hard work on this resolution.
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
following motion was proposed:
RESOLUTI'ON
2005-18
Town Council Minutes for January 25, 2005 Page ]4
Reappointing Mayor Umstattd as town liaison to the Northern Virginia Regional
Commission
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
The following resolution was deferred at the request of the citizens until the
next Council meeting.
RESOLUT]:ON
Supporting the citizen's proposal regarding Dominion Virginia Power.
Councilmember Home clarified that Council would consider bringing in an
attorney from the outside at the next meeting to discuss our options and a possible
alternate overhead route.
BOARDS AND COMNIzSSTONS
a. Airport Commission
Vice Mayor Martinez thanked the Airport Commission for all the work they
have been doing regarding development around the airport and Dennis
Boykin for the booklet he put together on the subject.
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
Councilmember Burk stated the BAR meetings are sometimes
contentious, but during a recent meeting with the developer of two lots on
King Street and concerned adjoining property owners, everyone came away
happy with the outcome.
d. Cable Television Advisory Commission
Vice Mayor Martinez stated there is some legislation before the General
Assembly that may affect localities and hopefully we can get the Cable
Commission and our town attorney to address these issues at the next work
session.
Councilmember Hammler stated Jim Sisley has commented they are
trying to reach out and do some more promotions with what is going on with
the cable channel.
e. Economic Development Commission
Councilmember Home stated their annual retreat was held on Saturday,
January 22 at the Balch Library and was very productive session. She added
they have been working on a "Doing Business Guide" project and Sandy Kane
has taken on the production efforts of that guide.
f. Environmental Advisory Commission
Councilmember Burk reported that February 5 is scheduled for an
Environmental Advisory Commission retreat.
Town Council Minutes for .]anuary 25, 2005 Page
g. :Information Technology Commission
No comment
h. Parks and Recreation Commission
Councilmember Hammler reminded everyone of the public meeting to be
held at Tda Lee Park on February 5 from 9 a.m. to 12 p.m. to discuss different
options for the Symington donation.
i. Planning Commission
Mayor Umstattd reported the Planning Commission, Economic
Development Commission, and the Environmental Advisory Commission held
a joint meeting.
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
Councilmember Horne stated they are continuing their good work to look
at traffic calming through the town.
OLD BUSTNESS
a. Pay for Standing Residential Traffic Committee
Mayor Umstattd suggested that Council make the Standing Residential
Traffic Committee a regular commission and pay them as we do other boards
and commissions.
Council was in agreement that we would consider an ordinance
amendment at the next Council meeting.
Councilmember Home stated when the committee becomes a formal
commission; Sandy Kane would be lost to one of the commissions that she
serves on.
Vice Mayor Martinez suggested that the proposed commission be
retroactive to January 1, 2005.
b. Sponsorship of the Symposium on Aging to be held by
Shenandoah University on March 18 and 19, 2005
On a motion by Councilmember Burk, seconded by Councilmember
Horne, the following motion proposed:
RESOLUT]:ON
2005-19
Authorizing sponsorship of the Symposium on Aging to be held by
Shenandoah University on March 18-19, 2005.
Vice Mayor Martinez verified that the sponsorship fee for the town is
$1,ooo.
Councilmember Home asked that the town make a concerted effort to
promote and advertise this event.
Town Council Minutes for January 25, 2005 Page
Vice Mayor Martinez stated he would be willing to man the table at the
symposium.
John Wells stated he would bring back to Council the plan for the event.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-! (Zoldos absent)
c. Woodlea Manor Booster Pumping Station
On a motion by Councilmember Home, seconded by Councilmember
Burk, the following motion was proposed:
RESOLUT:ION
2005-20
Appropriating supplemental funding and awarding a construction contract for
the Woodlea Manor Booster Pumping Station construction.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
d. Reimbursing from the proceeds of financing for capital projects
On a motion by Councilmember Home, seconded by Vice Mayor Martinez,
the following motion was proposed:
RESOLUT:]:ON
2005-2:t
Declaring the town's intention to reimburse itself from the proceeds of one or
more financings for capital projects.
Mayor Umstattd stated the maximum amount of debt or other financing
expected to be issued in one or more series for the capital projects is
$9,500,000.
.lohn Wells added this would allow the town to reimburse itself for any
upfront funds it incurs for these projects.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-! (Zoldos absent)
Ki NEW BUS]:NESS
Councilmember Hammler asked that the next work session agenda list a
discussion of all the issues on the table regarding the high school site in northeast
Leesburg.
COUNCZL COMMENTS
Councilmember Kramer had no comment.
Town Council Minutes for January 25, 2005 Page
Vice Mayor Martinez thanked Mr. Wells for the town project-tracking list
provided to Council and asked that a time line for projects coming forward in the
future be added to that document.
He also thanked the Street Department for allowing him to ride on a
snowplow.
Councilmember Burk stated she participated in the Martin Luther King March
and encouraged everyone to do so if they get the opportunity. She stated she
would be attending the National League of Cities Conference on Creating Sustainable
Communities for the 2:[st Century e~ in Savannah, Georgia on January 27-29.
Councilmember Home thanked Chuck Jones, her appointee to the Planning
Commission, for sharing the information he compiled on the Joint Land Management
Area and how it has evolved over time.
Also there is an issue with a new business, Persnickety Palm, who has
encountered sign issues with the BAR. She asked the Council to direct staff to begin
a review of the sign ordinance and how we can work with new businesses to help
them conform to our regulations and be amenable to what they are proposing.
The Mayor stated Persnickety Palm is planning an appeal to Council regarding
a sign turned down by the Board of Architectural Review. One of the arguments they
are making is that they are being denied approval for signs because those signs are
not in keeping with our guidelines but in compliance with the sign ordinance. She
added their attorney, Bob Sevila, would be appealing the decision to Council.
The Mayor stated she spoke with Paige Buscema regarding uniting downtown
merchants on a series of changes they might propose to the ordinance. She stated
the downtown merchants brought in a secret shopper who told them there was not
enough signage.
Councilmember Horne stated she has talked with Mr. Wells about a project on
how Leesburg could create a formula for proffer development guidelines.
She stated she has asked staff to take a look at developing a master plan and
a long term CIP plan for underground utilities in the Historic District.
She disclosed a meeting with a representative from Howard Hughes Medical
Tnstitute and their plans for their research efforts adding Council may want a
briefing. Also, she disclosed meeting with several deans from Shenandoah
University with respect to their presence in Leesburg and their desire to become
more engaged in the local community.
Councilmember Home stated she met with staff from Congressman Wolf's
office about requesting more transportation dollars.
Councilmember Hammler stated Girl Scout cookies orders are going in.
She reported several meetings, emails and phone calls on the public meeting
tomorrow regarding the school site north of Leesburg.
She reported attending a meeting on January 24 with Harrison O'Connor who
is part of the family that owns the 246 acres north of l~da Lee and 110 acres east of
Town Council Minutes for January 25, 2005 Page
the bypass. She also reported meeting Mr. John Cunningham, who is a trustee of
Loudoun Country Day School, Susan Swift, Kaj Dentler, and Peg Coleman. Prior to
that meeting she had a phone call from Randy Hollister to try and communicate their
issues.
She also disclosed a January :[4 call from Randy Minchew who is the legal
counsel for Harrison O'Connor and exchanging numerous emails from the Loudoun
County School Board in preparation of the meeting.
Councilmember Hammler thanked Jennifer Whyte for helping in organizing
the meeting in Exeter and Kathy Leidich for announcing the meeting. She stated this
issue is going to be considerably important and the thing that struck her as we were
looking to the view shed issues and maintaining the character of Leesburg is that
clearly Ida Lee has set a high standard. She quoted a saying posted at Ida Lee,
"Excellence is never an accident, it is always the result of high intention, sincere
effort, intelligent direction, skillful execution and the vision to see obstacles as
opportunities."
She added a number of Councilmembers would be traveling to Richmond on
February 3 to meet with key legislators and representatives and that she put in a
specific request with the High Growth Coalition for an informal or official meeting.
Finally, she reported attending a joint meeting with the Economic
Development Commission, Environmental Advisory Commission and Planning
Commission to discuss the land use and transportation elements of the Town Plan.
She reported attending the Loudoun Chamber Luncheon along with Vice
Mayor Martinez and congratulated Jan Sterling for her leadership to the Chamber.
Councilmember Hammler thanked Betsy Mayr, Laurie Kimball, Supervisor
Clem, Bridget Bangert and the Citizens for a Better Leesburg who help craft the
language of the resolution passed tonight. She wished Supervisor Jim Clem a
speedy recovery.
M. MAYOR'S COMMENTS
Mayor Umstattd stated that John Wells, Steve Axeman, Cindi Martin, Stanley
Caulkins and T met with Frank Wolf at the airport to go over the progress of the
Instrument Landing System. She reported the best estimate is that it should be up
and running June of 2006.
She thanked Jim Wynn for getting in touch with Shenandoah University to put
them in touch with people with biotech experience who might teach at the
University.
The Mayor reported attending the Chamber of Commerce Awards Ceremony
and thanked Randy Collins for the invite. She reported that Councilmember Kramer
and Vice Mayor Martinez were also in attendance.
The Mayor reported receiving the following letter by email from Lt. Col. Jay
Greely from the Mosul, Iraq Army Airfield, where he is in charge of safety through
the community.
Town Council Minutes for January 25, 2005 Page
"Lt. Col. Greely wrote, "T had an interview with WAGE Radio early this
morning.. T also had the Tower Air Force Chief fly the several flags for Evergreen Mill,
Cool Spring, and Balls Bluff Elementary Schools. We also flew a flag for Loudoun
County High School. Evergreen Mill's flag also went on a special ride on a super
secret plane...so they will get a second certificate with their flag...outgoing mail is
slow so they should get it in mid-February., but tell them to be looking for it...T think
we can get FHL or FEDEX to deliver it free.. ! will use my mayoral influence., you
know what ! mean."
"We ask that you make it public record that the Albanian Comando Company
and the Air Force Tower Controllers, RADAR, and the 82nd ABN Shadow Drivers..
appreciate the phone cards and the nice letters from the children and their parents.
Also they are sending Evergreen Mill student's thank you letters, and special unit
patches, for them. Again thank the teachers that do such a good job.. and if they
look close to the flag they may see some autographs and special msgs from the
soldiers.. God Bless."
The Mayor stated God Bless Jay Greely; we are so blessed to have him as
part of our community. She asked Tim John to extend our deepest thanks to him
when they talk.
N. MANAGER'S COMMENTS
John Wells reported that Nicole Ard provided a memo in their package on the
Community Enhancement Team update.
Also, he provided a copy of the information that Dianna Price left regarding
the voter counts.
Nicole Ard also has provided a General Assembly legislative update.
Mr. Wells stated another legislative update will be provided at_the next work
session.
He commented we now have consultants under contract to study the Crescent
District Master Plan. The consultants are Arnett Muldrow and Kimberly Home. He
stated completion is expected within the next 5-6 months.
He stated the Urban Forestry Master Plan, has consultants under contract,
Davies Research Group, and that plan should be complete by the fall.
Further, he stated the Council planning session is scheduled for February 12
at 10:00 a.m. Dick Macaffery and Associates will be moderating the session and
Council will be contacted within the next few days to discuss their major issues and
priorities.
Councilmember Horne asked all to remember the historic elections that will
take place in Traq on Sunday.
O. AD.1OURNMENT
On a motion by Vice Mayor Martinez, seconded by Councilmember Home, the
meeting adjourned at :~1:19 p.m.
Town Council Minutes for .lanuary 25, 2005
Page 20
-/EST:
rk of Council
2005_tcmin0125