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