HomeMy Public PortalAbout2005_09_27COUNCIL MEETING September 27, 2005
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Katie Sheldon Hammler, Susan Home,
Melinda Kramer, Marty Martinez, Robert Zoldos and Mayor Kristen Umstattd.
Councilmembers Absent: None
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant
to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich,
Planning, Zoning and Development Director Susan Swift, Director of Engineering and
Public Works Tom Mason, Planner Wade Burkholder, Management Specialist Tami
Watkins, and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
A. :Invocation by Councilmember Horne
B. Salute to the Flag was led by Councilmember Zoldos.
C. Roll Call showing all present.
Minutes
a. .~uly 11~ 2005 work session
On a motion by Vice Mayor Martinez, seconded by Councilmember
Home, the minutes of the July 11, 2005 meeting were approved by a 7-0
vote.
Presentations
a. Tree Commission Update
Max Peterson, Leesburg Tree Commission, provided an update to
Council regarding the accomplishments of the commission including their
Plant A Tree For Me program and the approval of the Urban Forestry Master
Plan.
b. Loudoun Street Task Force Update
Chuck Wilson provided an update of the task force's recent efforts. He
stated phase two of the project is underway and it is the opinion of the group
that the project is feasible. Further, he stated the task force hopes to provide
the final results of its study in late October.
Council expressed their appreciation to the members of the task force
for their efforts.
c. Wegmans Presentation
Eddie Byrne, KSI, introduced Mr. Ralph Uttaro, Senior Vice-President
of Real Estate for Wegmans Food Markets, Inc.
Mr. Uttaro stated there are currently 69 Wegmans stores in five states.
He stated Wegmans Food Markets, Inc. has a long history of high customer
service level and outlined the benefits of employment including recognition
from Fortune Magazine as the number one company to work for. Further, he
Town Council minutes for the meeting of September 27, 2005 Page 2
stated they would like to have a location in Leesburg as part of the KST
project.
Councilmember Kramer stated she is very familiar with Wegmans and
would benefit from a location in Leesburg; however, as a Council we need to
look at what is best for the community in the long term.
Vice Mayor Martinez stated it is his hope that the issues surrounding
this project can be resolved.
Councilmember Burk thanked Mr. Uttaro for coming and stated she too
hopes the issues can be resolved.
Councilmember Horne stated while attending the United Way kick-off
with Councilmember Burk she learned the Sterling Wegmans location was one
of the top four contributors to the campaign last year.
Councilmember Zoldos stated he is confident the issues will be worked
out and he is looking forward to having Wegmans open in Leesburg.
Councilmember Hammler stated Council has received a number of
emails from citizens expressing their desire for a Wegmans store in Leesburg.
Fw
Petitioners
The petitioner's section opened at 7:57 pm
Alex Hendrick, Loudoun County High School Student Council, expressed the
desire of the students and staff of Loudoun County High School to have their
Homecoming Parade on the traditional route traveling down King Street.
Vice Mayor Martinez thanked the students from Loudoun County High School
for attending the meeting and stated his support for their request.
Councilmember Horne asked Mr. Wells to explain the issue of the parade
route.
Mr. Wells stated the Loudoun County High School Homecoming Parade was
traditional routed through downtown Leesburg; however, in recent times it was re-
routed down Dry Mill Road. He stated this change was made in response to traffic
and safety concerns. Further, he stated staff is looking at this with the Special
Events Committee and will provide a more detailed report at the next Council
meeting.
Andy Shuckra, Oaklawn, stated tonight Council will vote on a rough grading
plan for Oaklawn, which is the first plan to be approved for the development. He
stated this is a great milestone and thanked staff and Tom Mason for their
assistance.
David Kirsten., 733 Longfellow Drive, addressed Council on behalf of the
Loudoun Democratic Committee. He stated the Committee recently passed a
resolution on the issue of affordable housing in response to the Council's recent
passage of the Town Plan. He read the following resolution into the record:
Town Council minutes for the meeting of September 27, 2005 Paqe 4
Mayor Umstattd asked that this topic be added to the next Council work
session agenda.
Vice Mayor Martinez stated he drove through the area recently and was very
concerned with the amount of traffic and the safety concerns in this neighborhood.
Councilmember Zoldos suggested posting "Children at Play" signs in the
neighborhood.
.lohn Drury stated there are a number of signs already posed which do
nothing to fix the problem. He stated the Town has taken a number of incremental
steps over the years; however, the safety concerns have not been fully addressed.
Further, he invited Council to visit the neighborhood to witness the traffic.
,left Vincent, 122 Lawson Road, stated there are 34 children who live in this
portion of the neighborhood and expressed concern with the traffic levels. He stated
the residents used to park along the road to slow traffic down; however, that option
is gone since the "No Parking" signs have been installed. Further, he asked that the
bridge be closed.
David Blasdell, :~20 Lawson Road, also addressed the Lawson Road Bridge
safety concerns. He related a recent incident in which a neighborhood dog was
almost hit by a speeding car. Further, he stated the residents are concerned with
the chance that a child will be hit by one of these cars and asked that the bridge be
closed.
Councilmember Zoldos asked that police enforcement be increased in this
neighborhood.
Eddie Byrne, KSI, stated since the public hearing on the KSI application has
been delayed to October 25 he would like to take this time to work with Council in a
work session to address their concerns with the project.
Mayor Umstattd asked Ms. Beach to research the legality of Council holding a
special work session with an applicant.
Councilmember Zoldos asked that Council hold a special work session or add
this topic to the October 10 agenda as further discussion would be helpful prior to
the public hearing. Further, he questioned why the vote to amend the Town Plan
regarding the KSI application could not be reconsidered at this meeting.
Ms. Beach stated a motion to reconsider would repeal the entire Town Plan
which Council has already passed a motion to amend. She stated Roberts Rules of
Order dictate that a motion to reconsider must be made the night of the original
motion. Further, she stated Council could pass a rule of order that would allow a
motion to reconsider to be made at following meeting; however, that is not Council's
current policy.
Councilmember Zoldos verified Council could vote to suspend the rules.
Seth (Inaudible), Lawson Road, addressed safety concerns with the Lawson
Road Bridge. He stated the bridge is closed many times throughout the year and
Council is wasting money in maintaining it while it could easily be turned into a park
Town Council minutes for the meeting of September 27, 2005 Page 5
with a pedestrian bridge. Further, he spoke in support of the KS! application and
efforts to increase the Town's tree canopy.
There was further Council discussion regarding the use of the Lawson Road
Bridge by school busses.
(Tnaudible), Lawson Road, asked Council not to look for short-term fixes, but
to close the Lawson Road Bridge.
The petitioner's section closed at 8:54 pm
Public Hearing
a. Special Exception TLSE-2005-0003 Petsmart Veterinary Hospital, to
permit a 2,023 square foot veterinary hospital within the Petsmart
retail store at 510 East Market Street.
The public hearing opened at 8:55 pm.
Wade Burkholder stated the veterinary hospital is located within the B-
2 established corridor commercial district and requires special exception
approval per the Zoning Ordinance. He outlined the site and stated the
Planning Commission and staff recommend approval with conditions.
There were no speakers.
The public hearing closed at 9:00 pm.
On a motion by Councilmember Home, seconded by Councilmember
Zoldos, the following motion was proposed:
Suspending Council's rules of Order to allow for a vote on TLSE-2005-
0003 tonight.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Zoldos
and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
On a motion by Councilmember Home, seconded by Councilmember
Burk, the following motion was proposed:
RESOLUTTON
2005-155
Special Exception TLSE-2005-0003 Petsmart Veterinary Hospital, to permit a
2,023 square foot veterinary hospital within the Petsmart retail store at 510
East Market Street.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
Town Council minutes for the meetinq of September 27, 2005 Page 6
H. Legislation
ORDTNANCE
None
CONSENT AGENDA
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammler,
the following consent motion was proposed:
RESOLUT]:ON
2005-149
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for South King Street Center.
RESOLUTTON
2005-:t50
Authorizing an agreement and approving a performance guarantee for Oaklawn at
Stratford rough grading plan.
RESOLUT?ON
2005-:/.5:1.
Approving a supplemental appropriation of $56,000 for a community development
block grant to allow design and construction of countdown pedestrian traffic signals
at Fort Evans Road and Potomac Station Drive, Edwards Ferry Road and Shenandoah
Square, Edwards Ferry Road and Heritage Way, East Market Street and Fort Evans
Road, and East Market Street and Plaza Street in Leesburg.
RESOLUTTON
2005-152
Authorizing the donation of two surplus police vehicles to the State of Mississippi in
support of relief efforts for the victims of Hurricane Katrina.
RESOLUTZON
2005-153
Acknowledging the generosity of Town residents and businesses for their
contributions of cash and services to assist victims of Hurricane Katrina; the work of
Officer Robert Welch in collecting these contributions; accepting cash contributions
totaling $7,459 and appropriating those funds for distribution to Hurricane Katrina
victims.
Councilmember Home asked if the funds could also be earmarked for victims
of Hurricane Rita.
Mr. Wells stated these funds were collected specifically for victims of
Hurricane Katrina and therefore could not be redirected.
The consent motion was approved by the following vote'
Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
Town Council minutes for the meeting of September 27, 2005 Paqe 7
J REGULAR AGENDA ]
On a motion by Councilmember Zoldos, seconded by Councilmember Home,
the following motion was proposed:
RESOLUTTON
2005-154
Approving guidelines for making donations to community agencies.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
The following item was deferred to the October 12, 2005 Council meeting:
RESOLUTZON
Adopting a legislative agenda.
Mayor Umstattd stated Planning Commission Chair Kevin Wright suggested
that Council add in a provision requesting impact fee authority. Further, she stated
there has also been discussion of adding a provision that would support legislation
before the General Assembly to prevent localities from exercising Eminent Domain to
condemn someone's home for the purpose of economic development.
Ms. Nicole Ard stated she has made all of the changes to the document as
requested by Council.
Councilmember Burk thanked Ms. Ard for adding the language regarding the
tree canopy.
Boards and Commissions
a. Airport Commission
No comment
b. Thomas Balch Library Commission
Councilmember Burk reported there was discussion at the most recent
meeting concerning security for the library and a possible deposit fee for
renters of the Balch meeting room to cover clean-up costs.
Mayor Umstattd asked what the Town's current policy is for use of
other rooms.
Mr. Wells stated there is no deposit for rooms rented in Town Hall;
however, there may be a deposit required for use of the large meeting space
at Tda Lee.
Mayor Umstattd commented on the success of the recent book signing
event at Balch Library. She complimented Alexandria Gressitt, staff and the
Black History Committee for their work on the event.
Town Council minutes for the meeting of September 27, 2005 Page 8
c. Board of Architectural Review
Councilmember Burk reported the BAR held a special meeting last
night and she commended the board members for their efforts to work with
developers to resolve issues.
Cable Television Advisory Commission
No comment
e. Economic Development Commission
Councilmember Home reported the commission met last week and had
a presentation by the County's Manager of Broadband Services. She stated
the commission will host a follow-on to the Leesburg Branding seminar on
October 10 and 1:[ for Leesburg small businesses. Further, she stated the
commission sent representatives to the !nternational Downtown Association
conference and they came back with a number of great ideas and best
practices for the Town to consider.
f. Environmental Advisory Commission
Councilmember Burk reported the commission has been working on a
recycling survey for the Town's businesses. She asked if Mr. Mason had a
percentage of the number of businesses that do recycle.
Mr. Mason stated CS! conducted a survey in June based on
participation in curb-side pick-up. He stated they found 25 percent had
recycling to be picked-up on the designated days. Further, he stated this may
not be representative of the full participation levels.
:Information Technology Commission
No comment
Parks and Recreation Commission
No comment
i. Planning Commission
Mayor Umstattd reported the Commission has provided a number of
reports to Council lately and they are continuing to work hard.
Tree Commission
Councilmember Burk reported the Balch Library had two trees donated
and are planning a tree planting in October. Further, she stated they would
like to coordinate this effort with the Tree Commission.
k. Standing Residential Traffic Committee
Councilmember Home stated the committee had a presentation by the
Virginia Regional Transportation Authority regarding the relocation of the hub
for the three in-town bus routes. She stated the hub will be relocated from
the County Government Building to behind the Shenandoah Building.
Mr. Wells stated some issues have been raised regarding the relocation
of the hub to that site and work is continuing to identify another possible
location. Further, he stated staff will provide an update to the committee
when more information is available.
Town Council minutes for the meetinq of September 27, 2005 Paqe 9
.1. Old Business
None
New Business
a. Reconsideration of Town Plan
On a motion by Councilmember Zoldos, seconded by Councilmember
Home a motion was made to suspend the rules to reconsider the vote on the
Town Plan to add one sentence regarding the proposed KS:[ development.
Councilmember Zoldos stated he would like to include the language
that was spoken of previously to allow KS:[ and others who provide significant
monies for transportation issues, $24,000,000 or more, to have flexibility in
the size individual non-office uses.
Vice Mayor Martinez requested clarification of the point of order.
IVls. Beach stated since the original motion to amend the Town Plan
came before the Town Plan vote Council can not reconsider that motion
without undoing the Town Plan.
Mayor Umstattd asked what the implications of that action would be.
Ms. Beach stated it would nullify the Town Plan amendment that was
sent to the Planning Commission for Oaklawn. She stated Council will have to
vote to undo the passage of the Town Plan, then vote on the amendment, re-
approve the Town Plan and then vote again on the Town Plan amendment for
Oaklawn.
Councilmember Zoldos stated another option would be to pass a Town
Plan amendment.
Ms. Beach stated that would have to be sent to the Planning
Commission and would probably delay the current amendment they are
considering.
The motion to suspend the rules failed by the following vote:
Aye: Hammler, Home and Zoldos
Nay: Burk, Kramer, Martinez and Mayor Umstattd
Vote: 3-4
a. Ad Hoc Committee Recommendation
On a motion by Vice Mayor Martinez, seconded by Councilmember
Hammler, the following motion was proposed:
RESOLUTTON
200S-:L56
Supporting the Town Council Ad Hoc Subcommittee recommendation
regarding long-term land use vision for the greater southeast Leesburg area.
Councilmember Burk suggested a friendly amendment to change the
language to replace "win-win" with "positive benefit".
Town Council minutes for the meeting of September 27, 2005 Page 10
Councilmember Martinez and Councilmember Hammler accepted the
friendly amendment.
Councilmember Zoldos stated Council should be consistent in referring
to the Crosstrail development. He stated in the resolution it is referred to as
Crosstrail property, Crosstrail land use application and Crosstrail tract.
lVlr. Wells stated the language that refers to Crosstrail tract should be
amended to say Crosstrail property; however, the use of Crosstrail land use
application is correct.
The amendment was accepted by Vice Mayor Martinez and
Councilmember Hammler.
Councilmember Home suggested adding a legend to the map.
Further, she thanked the Planning Commission for their input.
Mayor Umstattd stated she will not support this resolution because she
does not believe annexation is a good idea for this Town.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer and Martinez
Nay: Zoldos and IVlayor Umstattd
Vote: 5-2
L. Council Comments
Councilmember Hammler stated on a recent trip to Gettysburg with her family
she met Dr. Gabor S. Boritt who has written a book entitled The Gettysburg Gospel
which looks at history from the Gettysburg Address to September 11th. She stated
she related to him how the Mayor read the Gettysburg Address at the Town's
September l:~TM ceremony.
She thanked the Ad Hoc Subcommittee of Council and the Planning
Commission subcommittee for their hard work on the resolution for
Council to present to the Loudoun County Board of Supervisors this week.
She thanked Bruce Dewer's leadership with the Cornwall issue. She stated
she would like Council to discuss this at a future work session to look at the traffic
data. Further, she thanked the residents who spoke regarding the Lawson Road
Bridge stating she is looking forward to that discussion on a future agenda.
Councilmember Hammler thanked Ms. Beach for her responsiveness and
assistance in answering her questions regarding the reconsideration of votes. She
asked staff to look into any special rules of order that Council should consider
adopting.
She stated she would support holding a special work session on the KS:[
project and the involvement of the Planning Commission.
She thanked the Tree Commission for their report this evening and their hard
work on the Plant A Tree for Me program. Further, she thanked the Leesburg
Bookstore for their work.
Town Council minutes for the meeting of September 27, 2005 Page 11
She stated on a recent visit to the Loudoun County Government Center she
was handed a Northern Virginia Regional Commission Make a Plan fold-out. She
asked that those be made available to visitors at Town Hall.
She disclosed a meeting with IVlike Banzhaf on Saturday morning.
Councilmember Hammler stated the Loudoun County School Board has added
a series of public meetings to their calendar including a community meeting on drug
resistance education on November 11 and an additional meeting on gang issues
scheduled for February 8.
Councilmember Zoldos stated he would suggest an additional work session on
the KS! proposal so we are prepared for a vote on October 25.
He announced the Kiwanis Club will hold their annual Halloween Parade on
October 31 from 6:00 pm to 8:00 pm.
Councilmember Home stated the Loudoun County Economic Development
Commission is holding an economic summit on Friday October 7 at the Lansdowne
Resort presented by Loudoun Business and the Telework Consortium.
She stated Mitchell and Best is hosting a meeting at Town Hall on October 4
at 7:00 pm.
She stated she attended the United Way kick-off this week with
Councilmember Burk. She stated Chairman Mark Herring and his group have set a
goal of $700,000 to benefit the local non-profits.
She disclosed a meeting with Eddie Byrne and Chad Moore regarding the KST
proposal. Further, she disclosed a meeting with Senator Bill Hims to discuss the KS!
proposal and other transportation issues.
She stated she attended the Loudoun Street Task Force meeting and is very
gratified with the work that group is doing. Further, she disclosed attending the
Cornwall Medical Office Building information meeting last week stating there were a
number of Council members and staff members there.
Councilmember Burk stated on September 24 she attended the Preservation
Society's Anniversary Celebration at Raspberry Plains. She stated on that same
evening the Leukemia and Lymphoma Society held their Light the Night walk in
Leesburg. Further, she stated the organizers commented on how helpful the staff
was and said they would continue to hold this event in the Town.
She reported attending the ribbon cutting at Oasis Spa and Anti-Aging
Facility.
She thanked Council for supporting the Public Arts Task Force stating they will
meet on October 6 at 6:30 pm.
She thanked the Loudoun County High School students for speaking tonight.
Further, she thanked David Kirsten for bringing forward the resolution from the
Loudoun Democratic Committee stating affordable housing is an important issue.
Town Council minutes for the meeting of September 27, 2005 Page 12
Vice Mayor Martinez thanked the Lawson Road residents for speaking
regarding the bridge and stated his support for their request.
He reported attending the opening ceremony for the traffic signal at Sycolin
Road and Tolbert Lane stating it was installed because of a traffic accident. Further,
he stated Mr. Wells was integral in acquiring the funding for that traffic signal.
He stated his appreciation for our community and their willingness to help
victims of the recent hurricanes.
He thanked the Loudoun County High School students for attending the
meeting and stated his support for allowing them to use the traditional parade route.
Further, he thanked Andy Shuckra for his kind remarks about staff.
He thanked staff and the Planning Commission for their work on the Ad Hoc
Committee resolution. Further, he thanked Councilmembers Home and Burk for
their efforts.
He expressed his support for working with KST on the issues surrounding their
application.
He thanked Councilmember Burk for her work with the Light the Night Walk.
Councilmember Kramer stated it is always great to have commissioners
attend the Council meetings and thanked the Tree Commission for their report.
stated there has been a resignation on the Tree Commission and she will bring
forward a nomination at the next meeting.
She
M. Mayor's Comments
Mayor Umstattd stated the NAACP will hold its annual banquet on October 15
at the Ida Lee Recreation Center.
She stated Councilmember Burk gave the keynote address at the Light the
Night Walk and thanked her for her efforts.
She thanked Vice Mayor Martinez for his efforts to acquire the funds for the
traffic signal at Sycolin Road and Tolbert Lane. She stated Vice Mayor Martinez and
Councilmember Burk attended the opening ceremony. Further, she thanked Johnny
Rocca and Brother's Signal for speeding up the delivery time on the project.
She thanked Grand Master Choi for hosting the annual Kick Cancer Out of the
World event to raise money for Blue Ridge Hospice and the American Cancer Society.
She commented on the ribbon cuttings at Oasis Spa and the Esprit store at
the Outlet Mall. She stated this is the first Esprit store in Virginia and the first ribbon
cutting at the Outlet Mall.
N. Manager's Report
John Wells stated the Town received notification that the Government Finance
Officers have awarded our budget document the GFOA Distinguished Budget Award
for Fiscal Year 2005. He stated it is a rigorous review process and it is important for
the Town to maintain that sort of credential.
Town Council minutes for the meeting of September 27, 2005 Page 13
Mr. Wells stated the Northern Virginia Regional Commission Make a Plan fold-
outs mentioned by Councilmember Hammler are available for pick-up at Town Hall.
He stated the Town received those from the Loudoun County Public Relations Office.
He stated IVls. Ard has spoken with Chamber of Commerce President Randy
Collins regarding an appropriate recognition for our National Guard unit. He stated
they would like a Iow-key re-entry into the community and Mr. Collins is
recommending that the Mayor and Council recognize the soldiers and their families
during the annual Tree Lighting Ceremony in December.
Councilmember Home requested including the World War !! veterans.
Councilmember Hammler requested including all veterans.
Mr. Wells stated staff will work on identifying as many veterans as possible.
Vice Mayor Martinez asked if a small reception could be held afterwards.
Mr. Wells stated staff will try to develop an agenda.
Councilmember Zoldos stated all veterans should be invited; however, the
National Guard troops should be the special guests.
Councilmember Hammler stated the National League of Cities is sponsoring
Race Equality Week this week with a forum in Washington, DC and a real push for all
jurisdictions to build inclusive communities.
O. Adjournment
On a motion Vice Mayor Martinez, seconded by Councilmember Horne, the
meeting adjourned at 10:10 pm.
risten C. Umstattd, Mayor '~)
Town of Leesburg
ATTEST:
::lerk of Council
2005_tcmin0927