HomeMy Public PortalAbout2006_02_14
COUNCIL MEETING
February 14, 2006
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Melinda Kramer, and Mayor Kristen Umstattd.
Councilmembers Absent: Vice Mayor Marty Martinez and Bob Zoldos
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant
to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich,
Director of Engineering and Public Works Tom Mason, Director of Parks and
Recreation Kaj Dentler, Director of Planning, Zoning and Development Susan Swift,
Director of Economic Development Betsy Fields, Chief of Police Joe Price, Director of
Finance Norm Butts, Zoning Administrator Brian Boucher, Assistant Director for
Recreation Rich Williams, Deputy Director of Capital Projects Management Renee
LaFollette, Preservation Planner Annie McDonald, Planner Steve McGregor,
Management Specialist Tami Watkins and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Councilmember Hammier
B. Salute to the Flag was led by Council member Burk
C. Roll Call showing Councilmember Zoldos and Vice Mayor Martinez absent.
D. Minutes
a. October 11, 2005 work session meeting
On a motion by Councilmember Horne, seconded by Councilmember
Hammier, the minutes of October 11, 2005 work session was approved by a
5-0-2 vote, Zoldos and Martinez absent.
b. October 24, 2005 work session meeting
On a motion by Councilmember Burk, seconded by Council member
Horne the minutes of the October 24 work session were approved with minor
edits by a 5-0-2 vote, Zoldos and Martinez absent.
c. November 7, 2005 work session meeting
On a motion by Councilmember Hammier, seconded by
Councilmember Burk, the minutes of the November 7, 2005 work session
were approved by a 5-0-2 vote, Zoldos and Martinez absent.
d. January 10, 2006 regular meeting
On a motion by Councilmember Hammier, seconded by
Councilmember Horne, the minutes of the January 10, 2006 regular meeting
were approved with minor edits by a 5-0-2 vote, Zoldos and Martinez absent.
E. Presentations
On a motion by Councilmember Burk, seconded by Council member Hammier,
the following resolutions were approved by a 5-0-2 vote, Zoldos and Martinez
absent:
Town Council Meetina of February 14. 2006
Page 2
a. Resolution of Respect - Mutt Moxley
Resolution of Respect
Claggett Harry "Mutt" Moxley Sr.
WHEREAS, Claggett Harry "Mutt" Moxley Sr., a life-long Loudoun
County resident, suffered an untimely death on January 21, 2006 at the age
of 79; and
WHEREAS, Mr. Moxley heroically served his country in the United
States Army during World War II; and
WHEREAS, Mr. Moxley was an original member of the Loudoun
County Men's Baseball League and played on the Leesburg team; and
WHEREAS, Mr. Moxley was the owner of M & J Auto Body in Leesburg
for 33 years and was later an investor and property manager with M & J of
Loudoun; and
WHEREAS, Mr. Moxley served as a volunteer firefighter with the
Leesburg Volunteer Fire Company 1 where he also served as president; and
WHEREAS, Mr. Moxley was a member of the Leesburg United
Methodist Church and was a supporter of many local causes including the
Meals on Wheels program and the Loudoun Abused Women's Shelter's thrift
store, which is housed in one of his buildings on Loudoun Street.
THEREFORE, RESOLVED the Mayor and members of the Council of
the Town of Leesburg in Virginia extend their sympathy to the Moxley family
and ask that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be given to the Moxley family.
b. Resolution of Respect - Anthony Stasio
Resolution of ResDect
Anthony S. Stasio
WHEREAS, Anthony S. Stasio., a long-time Leesburg resident,
suffered an untimely death on January 18, 2006 at the age of 80; and
WHEREAS, Mr. Stasio heroically served his Country in the United
States Marine Corps during World War II and was awarded the Purple Heart;
.and
WHEREAS, Mr. Stasio was a former Mayor of Chincoteague, VA; and
WHEREAS, after moving to Leesburg Mr. Stasio worked for the
Loudoun County Hospital Credit Union; and
WHEREAS, Mr. Stasio was active in many organizations including the
Marine Corps League of Loudoun County.
Town Council Meeting of February 14. 2006
Page 3
THEREFORE, RESOLVED the Mayor and members of the Council of
the Town of Leesburg in Virginia extend their sympathy to the Stasio family
and ask that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be given to the Stasio family.
c. Resolution of Appreciation - Loudoun Medical Group
Resolution of ADDreciation
The Loudoun Medical Group
WHEREAS, Hurricane Katrina caused incredible devastation to the
Gulf Region of the United States on August 29 and 30, 2005; and
WHEREAS, The Loudoun Medical Group saw the pressing need for
capable and compassionate medical care to help treat the thousands of
victims of this historic hurricane; and
WHEREAS, The Loudoun Medical Group deployed their first team on
September 12, 2005 to the impacted area; and
WHEREAS, The Loudoun Medical Group discovered a tremendous
need in Bay St. Louis, Mississippi; and
WHEREAS, The Loudoun Medical Group adopted Bay St. Louis and
committed to help them with medical care at no cost as long as there was a
need; and
WHEREAS, The City Council of Bay St. Louis has formally requested
that the Loudoun Medical Group continue to render free care for the
foreseeable future until local medical providers have recovered from
Hurricane Katrina; and
WHEREAS, The Loudoun Medical Group will be holding a special
fundraiser on Saturday, February 25, 2006 in Leesburg, Virginia with The
Honorable Edward "Eddie" A. Favre, Mayor of the City of Bay St. Louis as the
guest of honor and guest chef.
THEREFORE, RESOLVED the Mayor and Council of the Town of
Leesburg in Virginia hereby thank the Loudoun Medical Group for their
continued dedication and help to the people of Bay St. Louis, Mississippi and
bid a warm welcome to Mayor Favre and other dignitaries from Bay St. Louis.
d. Small Business Development - Giovanni Cozzarelli
Mr. Cozzarelli, Executive Director of the Small Business Development
Center, addressed Council. He explained they were established in 1987 as a
non-profit and their mission is to assist and educate new and existing small
businesses to increase their opportunity for entrepreneurial success. He
outlined some of the seminars and workshops they provided in 2005;
discussed their client base; and new initiatives for 2006.
Council member Burk verified the center provides services in English
and Spanish.
Town Council Meeting of February 14. 2006
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Councilmembers Horne and Hammier thanked Mr. Cozzarelli for the
presentation and the wonderful work they do.
Mayor Umstattd stated many Hispanic parents are frustrated as they
can only write in Spanish. She also verified that 35% of their clients are
minorities.
F. Petitioners
The petitioner's section opened at 8: 13 p.m.
Earl Hower, 111 Plaza Street, spoke on behalf of the Tree Commission. He
thanked the Mayor for following up with Senators Herring and Potts and Delegate
May regarding the recent budget amendment for state-wide urban forestry funds,
specifically the Virginia Community Tree Replanting initiative.
Mr. Hower provided an update of Tree Commission activities and upcoming
events.
He stated he relayed the information on the loss of tree canopy in Leesburg to
the State Corporation Commission at the Dominion Virginia Power public hearing.
Further, the attorney for the SCC asked for more details on the plight of the trees in
this area affected sprawl.
Mr. Hower asked for Council approval of the Urban Forestry Management Plan
and outlined some of the significant benefits of the plan.
He reported the Arbor Day Ceremony will be held in Leesburg this year on the
opening day of the Flower and Garden Festival.
Further, Mr. Hower asked that the Tree City USA signs be reinstalled.
Rob and Marty Mitchell stated they were present to answer any questions
Council may have regarding the Harrison Park application.
Rob Mitchell stated they are a community company and emphasized their
accessibility. Further, the stated the proposal is an opportunity to develop a
community than can be recognized across the country.
Karen Jones, 112 Prince Street, stated the importance of the Small Business
Development Center and urged Council to support them.
She also stated her support for the Harrison Park application by Mitchell and
Best.
Sandv Kane. 815 Kenneth Place, also stated her support for the Harrison Park
development.
Lisa Hawthorne. 416 South King Street, addressed Council regarding the
raised median proposed at South King and Fairfax Street. She encouraged the
Standing Residential Traffic Committee to be included in the referral process of
Capital Improvement Projects.
Town Council Meetina of February 14. 2006
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G. Public Hearing
a. Town Code amendment regarding Section 16-13 (Removal of
Snow and Ice from Sidewalks) Article 1 (IN GENERAL) OF Chapter 16
(Street and Sidewalks) of the Code of the Town of Leesburg, Virginia
The public hearing opened at 8:26 p.m.
Town Attorney Barbara Beach stated this proposed ordinance
amendment provides civil penalties in the enforcement of the removal of
snow and ice from sidewalks, thereby permitting the Town Attorney to
enforce the Ordinance with civil fines.
Mayor Umstattd stated this does include a provision that if due to a
disability (physical inability) or inability to act, those persons would be
exempt from penalties.
Ms. Beach verified disability means that you are unable physically act
at the time.
Sandv Kane, 815 Kenneth Place, SE, thanked Council for the revision
to exempt persons with a physical inability.
She also commented that business owners are responsible for the
snow and ice removal in front of their properties.
The public hearing closed at 8:34 p.m.
b. Proposed amendment to the Utility Enterprise Fund Budget for
Fiscal Year 2006
The public hearing opened at 8:35 p.m.
Norm Butts stated this proposal is to amend the FY 2006 Utilities Fund
budget by moving $25 million from "undesignated fund balance" to "bonds
payable". This action appropriates the money actually needed to defease the
out-standing bonds. When the time comes to effectuate the defeasance we
will move up to $25 million from "bonds payable" to an escrow agent and at
that point the bonds will be taken off the Town's books.
There were no Council comments.
There were no petitioners.
The public hearing closed at 8:36 p.m.
H. Legislation
ORDINANCE
On a motion by Councilmember Horne, seconded by Councilmember Burk,
the following motion was proposed:
2006-0-2
ORDINANCE
Town Council Meeting of Februarv 14. 2006
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Town Code amendment regarding Section 16-23 (Removal of Snow and Ice from
Sidewalks) Article I (IN GENERAL) of Chapter 15 (Streets and Sidewalks) of the Code
of the Town of Leesburg, Virginia.
The motion was adopted by the following vote:
Aye: Burk, Hammier, Horne, Kramer, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Zoldos absent)
ORDINANCE
Approving TLZM-2005-0001 Harrison Park rezoning and concept plan with proffers
for a redevelopment project of the former Barber and Ross site to include 352
residential units, 33,600 square feet of office and 43,694 square feet of retail space
on 11.65 acres.
Councilmember Hammier asked Rob Mitchell if he had an update regarding
the school proffers.
Mr. Mitchell replied they are proposing 75% of the retroactive proffer
guidelines. He added they were not made aware of this proffer until four to six
months into the process.
Councilmember Horne asked if staff had been able to get an answer from the
School Board regarding the formula used for school children from multi-family units.
Mr. Wells stated staff has been unable to get in touch with Dr. Adamo.
Councilmember Horne verified the contribution to Ida Lee is not part of the
proffer package.
Mr. Mitchell stated the Ida Lee contribution amounts to $170,000.
Councilmember Kramer stated since the numbers from Dr. Adamo are crucial
she would make a motion to postpone the vote.
Mayor Umstattd stated she still has concerns with the height issue and would
like to see building heights lowered to 45 to 50 feet.
Lee Quill stated they have done multiple reviews of the project with the
master plan and the design guidelines. He stated there are variations of heights that
can be used and the height issues will be addressed.
Mayor Umstattd she would not want to set a trend of higher buildings in
downtown Leesburg. Further, she asked that photos be provided of other similar
projects.
Council member Burk stated the cost to the taxpayers in unknown since we
don't have the numbers from the School Board.
Councilmember Hammier stated the Town is in partnership with the County
and when you talk about school costs you have to deal in reality. She asked whether
the supply of condos is up 400%.
Town Council Meetina of Februarv 14. 2006
Page 7
Marty Mitchell stated the type of land design and architecture they are
proposing will mitigate additional schools. He verified the 400% condos refer to
inventory .
Lee Quill stated their goal is to make this project a National model.
Council member Kramer, seconded by Councilmember Horne, made a motion
to postpone a vote on this item until the February 28 meeting.
The motion to postpone was approved by the following vote:
Aye: Hammier, Horne, Kramer and Mayor Umstattd
Nay: Burk
Vote: 4-1-2 (Martinez and Zoldos absent)
ORDINANCE
Approving ZOAM-2005-0002 and TLZM-2005-0003 to amend the Leesburg Zoning
Ordinance and Zoning District Map to expand the H-l, Old and Historic Overlay
District
The applicant asked to postpone action on this item until the February 28,
2006 meeting.
CONSENT AGENDA
On a motion by Councilmember Horne, seconded by Councilmember Kramer,
the following consent motion was proposed:
2006-18
RESOLUTION
Authorizing the issuance and sale of up to $63,000,000 in General Obligation Public
Utility Bonds, Series 2006.
2006-19
RESOLUTION
Authorizing an amendment to the Town's Utility Enterprise Fund Budget for Fiscal
Year 2006.
2006-20
RESOLUTION
Amending the Fiscal Policy of the Town of Leesburg, Virginia
2006-21
RESOLUTION
Authorizing the defeasance and redemption of all or a portion of the outstanding
Utility System Revenue Refunding Bonds, Series 1997, and setting forth the details
thereof and the provisions therefore.
2006-22
RESOLUTION
Authorizing an agreement and approving a performance guarantee for Leesburg
Veterinary Specialist.
Town Council Meeting of February 14. 2006
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2006-23
RESOLUTION
Authorizing an agreement and approving a performance guarantee and a water
extension permit for Leesburg Commerce Center.
2006-24
RESOLUTION
Authorizing final time extensions for completion of improvements and approving
performance guarantees for Edwards Landing Sections 1 and 3: Phases 2A, 2B, and
4: Woods Edge Drive; Recreation Center.
The consent motion was approved on the following roll call vote:
Umstattd, Aye; Martinez, Absent; Burk, Aye; Hammier, Aye; Horne, Aye;
Kramer, Aye; Zoldos, Absent; and Mayor Umstattd, Aye.
REGULAR AGENDA
On a motion by Councilmember Burk, seconded by Council member Hammier,
the following motion was proposed:
2006-25
RESOLUTION
Endorsing the Town staff recommendation to deny rezoning application ZMAP 2005-
0028 - Creekside
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Zoldos absent)
On a motion by Councilmember Horne, seconded by Councilmember Kramer,
the following motion was proposed:
2006-26
RESOLUTION
Expressing opposition to increased toll rates and the elimination of certain discounts
for users of the Dulles Greenway.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Zoldos absent)
On a motion by Councilmember Horne, seconded by Councilmember Burk, the
following motion was proposed:
2006-27
RESOLUTION
Accepting a Planning Commission recommendation to establish an ad-hoc SE/SW
Trail Committee
Councilmember Hammier stated she received an email from Peg Coleman,
Parks and Recreation Commission, suggesting that the ad-hoc committee have
representatives from all quadrants of Town.
Town Council Meetina of February 14. 2006
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Councilmember Horne stated she would be interested in citizens with
expertise in the field; however, this is an issue for the Southeast and Southwest
quadrants as they are living without trails.
Councilmember Kramer stated she is not interested in a committee being
established for all quadrants; however, she will support this one.
Mayor Umstattd stated since Sandy Smallwood who lives on Chancellor Street
supports this committee, she believes she can comfortably support it as well.
Council member Horne asked that a time line be established to return
feedback to Council.
There was discussion regarding a time-line of a report back to Council in two
months and a final report in October.
The Mayor proposed a friendly amendment to the motion with the above
time-line added.
The amendment was accepted Councilmembers Horne and Burk.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Zoldos absent)
I. Boards and Commissions
a. Airport Commission
No comment
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
d. Cable Television Advisory Commission
No comment
e. Economic Development Commission
Council member Horne advised the EDC received a CIP Briefing this
week. Further, they will have a joint work session with the Planning
Commission and the Board of Architectural Review on the Crescent District.
f. Environmental Advisory Commission
Councilmember Burk reported on the advertisement placed by the EAC
to encourage attendance at the State Corporation Commission public hearing
on the Dominion Virginia Power transmission lines.
g. Information Technology Commission
No comment
Town Council Meeting of February 14. 2006
Page 10
h. Parks and Recreation Commission
No comment
i. Planning Commission
No comment
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
No comment
J. Old Business
a. Town code amendment regarding animals and fowl
Barbara Beach reported there is no enabling legislation for the Town to
ban chickens. She stated the County could ban chickens, but any regulations
for chickens would include other pets.
Further, she stated we can protect animals through issues of health
and neglect.
b. Civic Sign Update
Mr. Wells stated a letter will be sent out to community organizations
that had signs on the previous sign structure indicating the Town's intention
to replace those signs at no cost to them. Further, there will not be a
maintenance fee and they will be able to determine the text listed on the
sign.
He added additional information will be required by the organization
and an affidavit will be included to secure that information.
Council was provided various options of what the signs would look like.
He stated option two would allow a 20-sign option.
Council member Hammier suggested community outreach and a face to
face meeting with the organizations.
Mr. Wells stated he will follow up with personal phone calls followed by
individual meetings.
Mr. Wells stated the State Code has guidelines as to what
organizations can have on posted signs. He stated his belief that we
probably do not have 20 organizations.
Councilmember Hammier suggested a Town web-link to some of the
community organizations.
Mr. Wells added staff will be working with the BAR on the appearance
of the sign.
a. New Business
On a motion by Councilmember Horne, seconded by Councilmember Burk, the
following motion was proposed:
Town Council Meetina of February 14. 2006
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2006-28
RESOLUTION
Declaring that a public necessity exists and authorizing offers to acquire real
property known as PIN 233-16-1562 from the listed property owners on the corner
of Evergreen Mill Road and Masons Lane and PIN 273-28-8261 from the listed
property owners on South King Street (Rt. 15) across from Meade Drive and
authorizing condemnation if offers are not promptly accepted.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Martinez and Zoldos absent)
On a motion by Councilmember Hammier, seconded by Council member
Kramer, the following motion was proposed:
2006-29
RESOLUTION
Authorizing Town staff to offer a franchise agreement to Verizon based on the
Adelphia franchise agreement.
The motion was approved by the following vote:
Aye: Burk, Hammier, Kramer and Mayor Umstattd
Nay: Horne
Vote: 4-1-2 (Martinez and Zoldos absent)
K. Council Comments
Councilmember Hammier welcomed the new Airport Director, Tim Deike.
She thanked O.J. Jackson and the Street Department who did a wonderful job on
snow cleanup.
She thanked everyone involved in the great effort in preparing and
implementing the hearings and briefings to the SCC about Virginia Dominion Power.
Further, she thanked Bill Repogle, Ken Reid, Barbara Notar, Jerry Schamla and
members of Council and the Board of Supervisors who spoke.
Council member Hammier thanked Nicole Ard for a very well put together VML
Day. She stated their meeting with the legislators was very productive adding
transportation funding was the number #1 priority of discussion.
She thanked the Loudoun County Chamber of Commerce for having the
Governor speak at the Chamber luncheon.
She reported attending the Crossroads Volunteer Reception.
Council member Hammier extended her condolences to the Moxley and Stasio
families for their loss. Further, she thanked the Nicolls family for their donation of
trees to Ida Lee.
Further, she disclosed that she spoke to counsel regarding Harrison Park
today.
Town Council Meeting of February 14. 2006
Page 12
Councilmember Horne thanked the Cable Commission for their leadership on
the Gatehouse and Verizon agreements.
She congratulated Senator Mark Herring on being elected as one of our new
senators.
Councilmember Horne thanked the Mayor for the extraordinary job she did at
the SCC hearing.
She reported meeting with counsel regarding Enterprise Rent-a-Car and the
Harrison Park application.
She reported that Congressman Wolf will hold a meeting in March regarding
grant opportunities for non-profits.
Councilmember Burk stated the Town has lost two wonderful gentlemen, Mr.
Moxley and Mr. Stasio. She thanked the Loudoun Medical Group for their wonderful
job they are doing in Bay St. Louis, Mississippi.
She thanked everyone who organized and participated in VML Day. She
added it is exciting to have a governor who links transportation to land use.
She stated the Save The Trail event with Paul Revere riding down the trail on
a horse was much appreciated and the Mayor did a wonderful job with providing
statistics and information. She stated this is such a quality of life issue and her
appreciation to Council for talking to the SCC.
Further, Councilmember Burk stated she attended the Crossroads reception
and is excited about their alley project.
Councilmember Kramer reported she had met with officials from Mitchell and
Best within the last three weeks.
She commented on the uniqueness of this community and how rich it is. She
added it is amazing what you take with you from this job.
She thanked the Mayor for the grace and dignity she extended to the families
of the Stasio and Moxley families.
She stated VML Day event was much appreciated.
L. Mayor's Comments
Mayor Umstattd extended her thoughts to the courageous Moxley family and
the Stasio family for the way they celebrate life.
She thanked Councilmember Horne for the kind words regarding her
presentation to the SCC. She stated her wish to protect the bike trail and Woodlea
Manor. She thanked Councilmember Burk for the wonderful job in speaking to the
press.
The Mayor stated a letter has been sent to Governor Kaine and the SCC
requesting that the SCC wait on a decision until JLARC looks at underground options.
Town Council Meetina of Februarv 14. 2006
Paae 13
She thanked Marybeth Mohr for her wonderful job as the master of
ceremonies at the Crossroads event.
She reported meeting with Jim Bowman, Loudoun National Bank on February
2; Rob Mitchell with Mitchell and Best, Loudoun County Transportation, Virginia
Regional Transportation and Town staff to ensure that the Harrison Park project has
easy access to public Transportation on January 30th.
She reported sending an email to Council and Christine Gleckner of Walsh
Colucci expressing her concerns about the height of the Harrison Street project.
Further, she exchanged emails with Lee Quill on February 12 regarding her concerns
with the height of the buildings.
She commended the Council on how they work together.
M. Manager's Report
John Wells reported the new Airport Director will report to work next week
and in a few weeks we will have a reception to welcome him.
He acknowledged the hard work that Nicole Ard and Brenda Norton did to
ensure that the VML trip ran smoothly.
He thanked the work of the Streets Department and the Airport Staff for their
fine job on snow removal. He stated Ida Lee was able to open at 6:00 a.m. on the
snow day.
Mr. Wells reported that he and Norm Butts will be meeting with our financial
advisors and one of the bond rating agencies tomorrow, followed by a meeting in
New York next week with two other rating agencies.
Nicole Ard provided a legislative update.
Adjournment
On a motion by Council member Burk, seconded by Councilmember Kramer,
the meeting adjourned at 10: 18 p.m.
N.
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. . Urn tattd, Mayor ~
Town of Leesburg
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