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HomeMy Public PortalAbout2005_10_12COUNCIL MEET:lNG October 12, 2005 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Horne, Melinda Kramer, Marry Martinez, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Councilmember Kramer and Councilmember Burk leaving at 9:10 p.m. Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole Ard, Director of Engineering and Public Works Tom Mason, Management Specialist Tami Watkins, Preservation Planner Annie McDonald, Planner Wade Burkholder, Downtown Coordinator Lisa Capraro, Capital Projects Engineer Renee Follett, and Clerk of Council Judy Ahalt. AGENDA ITEMS B. C. D. ]:nvocation by Councilmember Horne Salute to the Flag was led by Council Hammler Roll Call showing Councilmember Kramer absent. Minutes a. 3uly 25, 2005 Work Session On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the minutes of the July 25, 2005 work session were approved by a 6-0-1 vote (Kramer absent). b. September 26, 2005 Work Session On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the minutes of the September 26, 2005 work session were approved by a 5- 0-1-1 vote (Kramer absent, Hammler abstaining). Presentations a. Resolution of Respect - Adam Maurice Perry This presentation was postponed to the next Council meeting. b. Certificate of Appreciation - Debbie Perry This presentation was postponed to the next Council meeting. c. Reopening Plans at Dodona Manor - Fred Morefield Mr. Fred Morefield reported on the opening of Dodona Manor to the public. He gave an update on the progress of the restoration of the house, work on the grounds, the Friends of Dodona Manor Program, and the Education Center. Mr. Morefield outlined the schedule for opening to the public including Holiday tours the first three weekends in December and beginning January 9 weekend openings, Further, there will be 14 pre-opening events from November 2 through Town Council meeting of October 12, 2005 Page 2 Mr. Morefield thanked the Town for their donation to the opening events ceremony. Council thanked Mr. Morefield for the update and expressed their excitement that the restoration is complete and the public will now be able to share the building and grounds. d. Final Report on the Small Business Forum - 3im Sisley Jim Sisley reported that on March 2, 2005 the Leesburg Downtown Business Association (LDBA) and Leesburg Crossroads, Tnc. in partnership with the Town of Leesburg held a Small Business Forum at the ]:da Lee Conference Center. The goal of the forum was to give the central business community a voice on the leading challenges facing business owners in the downtown and surrounding area of Leesburg. He reported the forum had over 50 participants and their objective was to identify the top concerns of the community. The main issues identified were parking, lack of commercial space, pedestrian (foot) traffic, availability of affordable housing, and car traffic (congestion). He identified the root causes of these issues and how the Economic Development Commission, Leesburg Crossroads, ]:nc., and Leesburg Downtown Business Association are addressing the issues. Further, he stated the Crescent District Redevelopment provides multifaceted solutions that positively address the priority issues identified by the participants in the Small Business Forum. ]:n summary, Mr. Sisely stated the Small Business Forum was and is about listening to business. He stated the best solutions to issues identified are public/private partnerships; the solutions require time to be effective and may need refinement. He suggested that the forum be held again next year. Council thanked Mr. Sisely and all those involved for the excellent work and encouraged an annual forum, Mr. Sisely thanked the Town, staff, LDBA and the Economic Development Commission for their assistance and resources. Petitioners The petitioner's section opened at 8:14 p.m. Mark Gunderman, 1600 N. Argonne Blvd., Sterling, Virginia, addressed Council regarding the Good Shepherd Alliance and the L:[NK Program. He reported they have received $100,000 in Federal funding and gave an overview of how they have used that funding to touch the lives of 6,000 people in Leesburg and Loudoun County. He stated the Good Shepherd Alliance will hold a Walk for Shelter on Saturday, October 22, 2005 and encouraged Council and Town residents to Town Council meeting of October 12, 2005 Page 3 participate. He thanked the Parks and Recreation Department and Leesburg Police for expediting their permit for this event. Tom Knopp, 207 Hartford Court, addressed Council regarding the Edwards Landing time extension. He stated the Board of Directors of the homeowners association is frustrated with the lack of progress in completing the bond items. He recommended an extension be granted to the developer to allow for corrections as soon as possible. The Mayor stated at last night's discussion it was determined there were two options: to allow an extension for a spring 2006 completion or declare the developer in default. Ralph Darnell, 1508 Artillery Court, addressed Council regarding the Edwards Landing time extension. He stated progress has been made along Battlefield Parkway and the western sidewalk is almost finished. The items still needing attention are paving, street lighting and drainage issues. Additionally, he stated if the Gatehouse building is moved it will have to go through the special exception process. Moe ~laymand, Edwards Landing, LLC, addressed Council stating they have met with the homeowner's association and made a commitment to them and Tom Mason to complete the work. He requested granting a time extension as this would be the quickest way to complete the work. Rob Gilligan, 1203 Tennessee Drive, NE, addressed Council regarding the Edwards Landing time extension. He stated a commitment has previously been made in writing and it would be in the best interest of all to move forward with granting a time extension. He suggested greater oversight on the improvement. He added a safety hazard exists without the street lighting at Edwards Ferry Road and Battlefield Parkway. Further, he suggested a policy to restrict the number of permits issued until improvements are made. Tom Mason advised that Dominion Virginia Power places Iow priority to street lights in residential neighborhoods. Tt was the consensus of Council to send a letter to Dominion Virginia Power to expedite the process with copies going to the homeowners association and Pam Gottfried. Councilmember Hammler also requested a letter be sent to the CEO of Lennar informing them of the problem and quantifying what it is costing us in staff time for oversight on this project. Bill Klein., 704 Hartford Court, addressed Council regarding the Edwards Landing time extension. Town Council meeting of October 12, 2005 Page 4 Mr. Klein stated he has no confidence in the developer and suggested shortening the time frame allowed for completion of the work. Gregory Dale, 7:12 Princeton Court, addressed Council regarding the time extension for Edwards Landing. He stated he has been dissatisfied with the community development by Lennar and suggested penalties beyond defaulting on bonds. John Drury, 62:1 Beauregard Drive, addressed Council regarding the Lawson Road Bridge. He thanked Council for taking the Lawson Road Bridge closing issue seriously. He stated the speed bump is an important step and it is his hope that the resolution tonight will eliminate the no parking signs on each side of the road. He stated he did send a longer email to Council with suggestions for the south side of the road outside the neighborhood. He stated he discussed the stop sign at Greenhow Court with the Standing Residential Traffic Committee and no action was taken. He stated that while the improvements are going to be helpful to the neighborhood, a public hearing should be held to decide whether we will close the Lawson Road Bridge. Didn't give name, 12:1 Lawson Road, addressed Council echoing Mr. Drury's comments. She encouraged additional traffic calming on Lawson Road for the safety of the neighborhood childen. Mayor Umstattd stated the draft revised resolution presented tonight does call for a public hearing and traffic counts. She clarified the formal position is that the road and bridge will be closed with the completion of Battlefield Parkway to Rt. 7. Christine Dean, 6:[2 Beauregard Drive, addressed Council. She asked to lower the speed limit on Lawson Road to 15 mph and discussed the eventual closing of the Lawson Road Bridge. Diane Vincent, 12 Lawson Road, addressed Council regarding the speed and safety issues on Lawson Road. She asked that steps be taken to protect the safety of the children. Steve Axeman, 221 Rosemeade Place, addressed Council. He stated recently Council has been trying to combat incompatible land use around the airport. He stated the Evergreen Meadows development on the north west part of the runway of the airport is less than 2,000 feet from the runway, and the airport has recently received complaints about aircraft noise. Further, he stated there is not a lot we can do as any noise abatement would take place closer to the Greenway. He stated that residential development as proposed by Crosstrails and Creekside are completely incompatible with the close vicinity of the airport. Mr. Axeman asked Council to please discuss this issue with the County as the airport is beginning to get complaints about the noise. He added it is not an option to close the airport as some of the residents suggested. Town Council meeting of October 12, 2005 Page Further, these developments are outside the noise contour and there is little we can do. The petitioner's section closed at 9:09 p.m. G. Public Hearing None H. Legislation ORDINANCE None CONSENT AGENDA On a motion by Councilmember Horne, seconded by Councilmember Hammler, the following consent motion was approved: 2005-158 RESOLUTION Authorizing time extensions for completion of public improvements and approving performance guarantees for Potomac Station Sections lB and 1C. The motion was approved by the following vote: Aye: Hammler, Home, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk and Kramer absent) REGULAR AGENDA Council discussed several changes they would like to make to the resolution. Councilmember Zoldos suggested that Section 9c should say "written report to the Town and Homeowner's Association every 10 days instead of 30 days. 3ohn Wells clarified that if one deadline is missed the developer will be declared in default immediately. On a motion by Councilmember Horne, seconded by Vice Mayor Martinez, the following was proposed: 2005-157 RESOLUTION Authorizing time extensions with conditions for completion of public improvements in Edwards Landing Sections 1, and 3; Phases 2A, 2B and 4; Woods Edge Drive; Recreation Center; Edwards Ferry Road improvements; and the Battlefield Parkway Phase I! road improvements. Mayor Umstattd called attention to a typo on Page 4 and ask for a friendly amendment to make that change. Further, she asked for an amendment to strike the last sentence of Section TT!. Councilmember Horne and Vice Mayor Martinez accepted the amendments. Town Council meeting of October :~2, 2005 Page 6 Ms. Beach reminded Council that Section 9c was suggested to be changed from 10 days to suspense deadline. The motion was approved by the following vote: Aye: Hammler, Home, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk and Kramer absent) On a motion by Councilmember Hammler, seconded by Councilmember Horne, the following motion was proposed: 2005-:L59 RESOLUTTON Authorizing the installation of a raised crosswalk on Lawson Road, SE at Beauregard Drive, SE. The Mayor advised there is a revised version that would remove "No Parking' signs to reinstate parking on 110 feet of Lawson Road only where the roadway is 28 feet to 30 feet in width; install a raised crosswalk on Lawson Road at Beauregard Drive and Brigadier Court to slow traffic; direct the Town Manager to have staff conduct a traffic count on Lawson Road before and after the completion of the interchange at Battlefield Parkway and the Greenway; and conduct a public hearing on the permanent closing of Lawson Road. Councilmember Zoldos stated reinstating parking on 110 feet of Lawson Road is not enough and asked where these parking spaces are located. Mr. Mason explained the spaces are primarily in front of Lot 68. .lohn Wells explained parking is only where the width of the road will allow. Further, Tom Mason stated staff cannot recommend any more parking than the street width allows compliance with the street standards. Councilmember Zoldos stated the major issue in slowing traffic is enforcement. Vice Mayor Martinez stated the traffic study shows 1700 vehicles per day on Lawson Road which was not anticipated to be a thoroughfare. Further he discussed the affect closing Lawson Road would have on Sycolin Road and the Rt. 7 Bypass. Mr. Mason stated the intersection of Sycolin Road and Rt. 7 Bypass is already at a failing level. Further, he stated upon completion of Battlefield Parkway to Rt. 7 traffic would use Battlefield Parkway to get to the Greenway. Vice Mayor Martinez stated he supports traffic calming on Lawson Road but believes it should be closed except to emergency vehicles. Councilmember Zoldos suggested a traffic survey be done at the signal on Lawson Road and Rt. 7. Town Council meetinq of October 12, 2005 Page ? Councilmember Hammler stated the extra 110 feet of parking will contribute to traffic calming and should continue to be reviewed on a regular basis by the SRTC. She suggested increasing the timing of the light at Sycolin. Councilmember Horne suggested a friendly amendment to extend parking on one side of the road for the entire length of Lawson Road. Councilmember Hammler did not accept this as a friendly amendment. Vice Mayor Martinez did accept the amendment. Councilmember Horne restated her amendment as follows: to extend parking on one side of Lawson Road for the entire length. Tom Mason stated part of Lawson Road is in other subdivisions (Beauregard Heights, Turner-Wilson) and some have no lots that front the road. He recommended that only parking be on the east side along the adjacent lots in Beauregard Estates. Vice Mayor Martinez verified that would be from Lot 68 down to Beauregard Drive. Councilmember Horne modified her amendment to say the parking will only be extended on the east side along the lots adjacent to Beauregard Estates. Vice Mayor Martinez accepted the amendment. Councilmember Hammler verified with Tom Mason that staff has to follow the rules regarding road width and travel lanes. She further asked for clarification as to whether the nature of this amendment is focusing on convenience or safety. Mr. Mason deferred to the Town Attorney. Town Attorney Barbara Beach stated safety requirements should be honored for liability reasons. Vice Mayor Martinez and Councilmember Horne withdrew the amended motion. The original motion was approved by the following vote: Aye: Hammler, Horne, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk and Kramer absent) On a motion by Councilmember Zoldos, seconded by Councilmember Hammler, the following motion was proposed: 2005-160 RESOLUTZON Town Council meeting of October 12, 2005 Paqe 8 ~[nitiating amendments to the Leesburg Zoning Ordinance and a Zoning District Map to expand the Old and Historic (H-l) District. The motion was approved by the following vote: Aye: Hammler, Horne, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk and Kramer absent) On a motion by Councilmember Hammler, seconded by Councilmember Horne, the following motion was proposed: 2005-161 RESOLUT]:ON Request for Virginia Department of Transportation (VDOT) funding for highway projects with the Town of Leesburg in the VDOT Six-Year :Improvement Plan for fiscal years 2006-2007 through 2011-2012. The motion was approved by the following vote: Aye: Hammler, Horne, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk and Kramer absent) On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the following motion was proposed: 2005-162 RE$OLUT]:ON Adopting a 2006 Legislative Program The motion was approved by the following vote: Aye: Hammler, Horne, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk and Kramer absent) On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the following motion was proposed: 2005-163 RESOLUTTON Making an appointment to the Tree Commission - Bruce Dewar The motion was approved by the following vote: Aye: Hammler, Home, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Burk and Kramer absent) T. Boards and Commissions a. Airport Commission Town Council meeting of October 12, 2005 Page 9 Vice Mayor Martinez reported the airport open house will be held on October 22nd. Thomas Balch Library Commission No comment Board of Architectural No comment d. Cable Television Advisory Mayor Umstattd stated multiple cable television companies are now interested in providing service in Leesburg. Councilmember Zoldos asked if the infrastructure already in place could be used by all parties. e. Economic Development Commission Councilmember Home reported attending the Loudoun County Economic Development Summit. Environment Advisory Commission No comment g. Znformation Technology Commission Vice Mayor Martinez suggested that the :IT Commission provide comment on the Town Plan. Further he stated we should consider wireless or broadband for dead spots in the Town. h. Parks and Recreation Commission Councilmember Hammler reported a 2nd :Input Session for the Symington Donation will be held on October 29th, At that meeting the Parks and Recreation Commission will vote on their options. Planning Commission No comment Tree Commission No comment Standing Residential Traffic Committee No comment Old Business Nothing to report. K. New Business Nothing to report. L. Council Comments Councilmember Hammler disclosed meeting with KST representatives on October 5 along with staff and Ted Kalriess. She disclosed meeting with Jim Woodward and Terry Titus on October 4th regarding Festival Lakes, Town Council meeting of October 12, 2005 Paqe 10 She disclosed a meeting with John Nichols and Blake Landscaping representative on October 3rd regarding a utilities issue. Councilmember Hammler thanked everyone involved in the Loudoun County Economic Development Summit and asked the Town Manager to look into telecommuting as an option for the Town. She thanked the Loudoun County Board of Supervisor for taking the time to meet with Council on September 29m. She thanked John Drury and his neighbors for coming out to speak about the Lawson Road issue. Further, she stated her appreciation for the Edwards Landing residents sharing their comments with Council tonight. Councilmember Zoldos recognized the Parks and Recreation Department for the recent awards they have received. He complimented John Wells and Barbara Beach for moving forward with the KS! project meeting stating this will allow us formalize the proffers. Councilmember Horne reported attending the Mitchell & Best briefing on Harrison Park. She stated they have put together a benchmark project. She reported attending the County Economic Development Commission meeting at which Larry Rosenstrauch announced vacancies in the Main Street Coordinator and Deputy Director positions. Councilmember Horne reported meeting with Katherine Lewis, Area Manager for Verizon, and learned about what Verizon is doing in Town. They are moving the fiber from the neighborhoods to the Market Street Office. She stated Verizon is continuing with their negotiations for a cable franchise in Leesburg. She reported attending at presentation by George Mason University President, Alan Merton. George Mason is anticipating opening a campus in Loudoun County in 2009. She stated she and her Planning Commission appointee Chad Moore met with KS1 to go over the proffers. Vice Mayor Martinez thanked Fred Morefield for the briefing on Dodona Manor. He asked if any thought had been made to a trolley stop at that location. He stated his appreciation to the Board of Supervisors for hosting the joint meeting. He added he is looking forward to a follow up on the Boundary Line Adjustment, annexation, etc. He thanked Mark Gunderman for the update on LINK and the Walk for Shelter event. Town Council meeting of October 12, 2005 Page ! ! He thanked Kate Trask for their update on ROCK and asked for consideration of a possible temporary teen center at Tda Lee until another site can be found. He reported attending the Mitchell & Best presentation on Harrison Park and a meeting with KST. Further, he met with Fred Morefield and the Loudoun County Small Business Development Center. M= ribbon Mayor's Comments Mayor Umstattd thanked Peter Burnett for the wonderful open house and cutting for his new building on Wirt Street. N. Manager's Report John Wells reported the Airport Open House will be held on October 22nd with the ribbon cutting for the runway. A follow up work session on the water and sewer rates will be held at the next Council meeting. He commented staff will be working on a meeting with Peterson & Co. at the next work session to discuss their Crosstrail project. With reference to telecommuting, Mr. Wells stated the webmaster position could work in a telecommuting mode. The Town Clerk previewed the Council calendar that is accessible to Council members from the Town of Leesburg website. O, Closed Session On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the following closed meeting motion was proposed: Pursuant to Section 2.2-3711(A)(7) Section 2.2-3711(A)(1) of the Code of Virginia, T move that the Leesburg Town Council convene in a closed meeting for consultation with legal counsel pertaining to possible litigation and to discuss a personnel matter. The closed meeting motion was approved by the following vote: Aye: Nay: Vote: Hammler, Home, Martinez, Zoldos and Mayor Umstattd None 5-0-2 (Kramer and Burk absent) Council convened in closed session at 10:31 p.m. On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, Council reconvened in open session and proposed the following motion: Tn accordance with Section 2.2-3712 of the Code of Virginia, ! move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. Town Council meeting of October 12, 2005 Page The motion was approved by the following vote: Aye: Nay: Vote: Hammler, Horne, Martinez, Zoldos and Mayor Umstattd None 5-0-2 (Kramer and Burk absent) Adjournment The meeting adjourned at 11:25 p,m, · C: r:nsta~:td, JVla.or ~ Town of Leesburg ATTEST: /~rk of Council 2005_tcmin1012