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HomeMy Public PortalAbout2006_02_28 COUNCIL MEETING February 28, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Melinda Kramer, Marty Martinez, Bob Zoldos and Mayor Kristen Umstattd. Council members Absent: 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 Utilities Randy Shoemaker, Deputy Director of Capital Projects Management Renee LaFollette, Preservation Planner Annie McDonald, Planner Chris Murphy, Planner Wade Burkholder, Zoning Administrator Brian Boucher, Management and Budget Officer Mike Freda, Downtown Coordinator Lisa Capraro, Town Arborist Jay Banks, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Vice Mayor Martinez B. Salute to the Flag was led by Councilmember Zoldos C. Roll Call showing all present D. Minutes a. November 21, 2005 work session On a motion by Councilmember Zoldos, seconded by Councilmember Burk, the minutes of November 8, 2005 were approved by a 7-0 vote. b. December 21, 2005 work session On a motion by Councilmember Horne, seconded by Vice Mayor Martinez, the minutes of the December 12 work session were approved by a 7-0 vote. c. January 23, 2006 work session On a motion by Councilmember Horne, seconded by Councilmember Kramer, the minutes of the January 23, 2006 work session were approved by a 7-0 vote. E. Presentations a. Standing Residential Traffic Committee Requests - Liz Whiting Liz Whiting, Chairman of the Standing Residential Traffic Committee, addressed Council requesting their FY06 budget for traffic calming be reallocated to construction of the South King Street traffic island. Council thanked Ms. Whiting for the work she does with the Standing Residential Traffic Committee and stated their approval for this budget reallocation. Town Council Meetinq of February 28. 2006 Page 2 b. Betsy Fields addressed Council stating we now have new tourism brochures and they are being forwarded to visitor and welcome centers. F. Petitioners The petitioner's section opened at 7:49 p.m. Denis Nolan. 1207 Tennessee Drive, addressed Council regarding the missed deadlines of the developer (Lennar) in the Edwards Landing development. Mr. Nolan outlined several items on the original punch that have not been addressed. Mr. Nolan asked Council to take action and have Lennar at the next Council meeting. Tom Mason invited the HOA to contact him personally for particular items of concern. He added there is an extensive punch list, which has been sent to Council. Further Lennar is obligated to complete to finish the punch list items. Mayor Umstattd asked staff to contact Target and Costco to resolve the fence and noise issue. Council member Zoldos asked to have the Edwards Landing punch list concerns on the next agenda. Vice Mayor Martinez invited Mr. Nolan to visit the next Cable Commission meeting to discuss the Gatehouse trailer issue. The Mayor verified it is Lennar's responsibility to install the conduit for the street lights. Councilmember Zoldos asked that staff prepare a matrix as to who is responsible for what and when at the next Council meeting. Karen Jones, Chairman of Economic Development Commission, thanked Betsy Fields for publishing the brochure. Further, the Economic Development Commission strongly supports the Harrison Park project. She stated the benefits of this project are (1) a catalyst for future development in the Crescent District, (2) increased office space, (3) a unique world class project, and (4) it achieves the goals of the Town Plan. She added that a denial of this project would send a message that Leesburg does not want this kind of development. Further, the long and short term economic benefit is significant. The petitioners section closed at 8:06 p.m. G. Public Hearing a. Enterprise Rent-a-Car Joint Public Hearing with the Planning Commission Planning Commission members present were Kevin Wright, Chairman; Ted Kalriess, Ad Barnes, Brett Burk, and Bridget Bangert. Town Council Meeting of February 28. 2006 Paqe 3 Town Council and the Planning Commission opened the joint hearing at 8:09 p.m. Chris Murphy outlined this TLSE-2006-0001, Enterprise Rent-a-Car, application to relocate an existing business to the Virginia Village Shopping Center at 25 Fairfax Street, SE. Enterprise plans to establish a vehicle rental office within a 2,359 square foot retail suite within an existing 70,190 square- foot retail building. Mr. Murphy stated staff is recommending approval with conditions. Councilmember Horne verified Enterprise was no longer operating without approval. Councilmember Zoldos stated the proposed site is a good location for Enterprise and he would support it. Commissioner Bangert asked for clarification on the landscape island. Mr. Murphy stated it is outlined in Condition #9 of the resolution and the applicant would like to see it removed. Councilmember Zoldos suggested marking the parking area by spray painting the asphalt. Commissioner Kalriess verified if Enterprise expands beyond the 2,359 square feet that a new special exception would be required. Colleen Snow, attorney for the applicant, addressed Council and the Planning Commission. Ms. Snow stated her appreciation for the joint public hearing. She stated Enterprise has been service here for 15 years and contributed $85,000 to the tax base in 2005. They have purchase 1400 vehicles from Leesburg car dealers. She stated the applicant agrees with the conditions, but would like to see the landscape island condition removed. Council member Kramer stated the landscape island would upgrade the parking lot. Vice Mayor Martinez and Councilmembers Burk, Horne, Zoldos and Hammier stated their support for the special exception. Commissioner Kalriess stated he would like to see the landscape island as this area is envisioned for revitalization in the Crescent District Master Plan. Commissioner Burk stated his agreement with the landscape island. Town Council Meeting of February 28. 2006 Page 4 Commissioner Bangert asked how the applicant managed to get this to a joint public hearing so soon, since the lease was just terminated in December. She asked if there had been any negative feedback from the other tenants of this building. Ms. Snow stated it has all been positive and this use would give increased vitality to this shopping center. Commissioner Barnes stated this is a better location for Enterprise. Chairman Wright stated the landscape island brings the parking lot into current compliance. Commissioner Kalriess asked if a site plan would be required for the landscape island. Brian Boucher stated a drawing or sketch should be sufficient. Chairman Wright stated it is right to help out businesses in Town. Mayor Umstattd stated her appreciation to staff for acting quickly to keep an existing business in Town. David Miles. 206 Wirt Street NW, asked what provisions are being made for the farmer's market. Additionally he expressed concern with car washing at the prior site and additional traffic on Catoctin Circle. Ms. Snow stated the market has been taken into consideration and they will not infringe on the market as they will have ample parking. She added there would be no car washing on-site. Mr. Murphy stated the traffic study shows there should be no disconcernable impact on Catoctin Circle. Councilmember Hammier suggested a stipulation that customers use the light at S. King Street. Karen Jones, Economic Development Commission Chairman, thanked Council for expediting this application in a business friendly manner. The joint public hearing closed at 8:51 p.m. b. Supplemental appropriation for Fiscal Year 2006 funding of the Water Pollution Control Facility expansion and upgrade. The public hearing opened at 8:52 p.m. Town Council Meeting of February 28. 2006 Page 5 Mike Freda outlined this supplemental appropriation to the FY 2006 Utility Fund Budget, in the amount of $8.6 million, for continuance of the WPCF Expansion and Upgrade. Councilmember Hammier verified there is no impact on the fund balance. There were no speakers. The public hearing closed at 8: 54 p.m. H. I Legislation ORDINANCE On a motion by Vice Mayor Martinez, seconded by Council member Kramer, the following motion was proposed: 2006-0-3 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 332 residential units, 33,600 square feet of office and 43,694 square feet of retail space on 11.65 acres. The applicant made a brief presentation. Lee Quill, architect for the applicant, provided a power point showing a comparison of various building heights and street widths in the downtown. Council thanked the applicant for their continued work and addressing their concerns. Councilmember Horne stated the formula for school proffers don't necessarily fit all areas of redevelopment in that some of these projects are not designed to attract families with children. Council member Zoldos stated the illustrations provided tonight were excellent and this redevelopment will be a model for other communities. Councilmember Hammier stated this project will be a hallmark of revitalization for the Town. She stated her appreciation to Mitchell and Best for accepting responsibility for the capital impact fees. Rob Mitchell, Mitchell and Best, stated they are pleased to submit a revised concept plan and proffers that are of mutual benefit to the applicant and the Town. He thanked Wade Burkholder and Brian Boucher for their hard work on this project. He urged Council to consider that certain types of development do not have the same capital impact as others. Further, he asked Council to consider phasing capital proffers. Mayor Umstattd stated this project will be a top quality project and expressed her appreciation for the research done on building height. She thanked Mr. Mitchell for the additional proffers. Town Council Meetinq of Februarv 28. 2006 Paqe 6 She stated this is a catalyst project but she will have to vote no because of the building height and the loss of the small town appeal. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez and Zoldos Nay: Mayor Umstattd Vote: 6-0-1 On a motion by Councilmember Hammier, seconded by Vice Mayor Martinez, the following motion was proposed: 2006-0-4 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 to include the 11.65 acre Harrison Park Redevelopment Project. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the following consent agenda was proposed: 2006-30 RESOLUTION Approving a supplemental appropriation of $2,025 donated by Leo Construction to the Parks and Recreation Community Outreach Program. 2006-31 RESOLUTION Accepting public improvements, releasing the performance guarantees and approving maintenance guarantees for public improvements at Potomac Crossing, Sections 2E and 4. 2006-32 RESOLUTION Authorizing an agreement and approving a performance guarantee and a water extension permit for ECHO, Parcel lB. The consent motion was approved by the following vote: Aye: Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Burk left the room) REGULAR AGENDA On a motion by Councilmember Hammier, seconded by Council member Zoldos, the following motion was proposed: Town Council Meeting of February 28. 2006 Page 7 2006-33 RESOLUTION Ratifying the TownjOaklawn Agreement as sole source procurement The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Vice Mayor Martinez, seconded by Council member Horne, the following motion was proposed: 2006-34 RESOLUTION Awarding a contract to Hazen and Sawyer, P.c. for the design of Carr Tank #2, Route 643 Tank, recoating of the existing Carr and Hogback Mountain tanks, and providing a design report for the expansion of the Rt. 643 pumping station. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Enterprise Rent-a-Car The Planning Commission returned from their meeting where they suspended the rules and voted 5-0-2 to recommend approval of this application with the conditions in the staff report. On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2006-35 RESOLUTION Approving Special Exception TLSE-2006-0001 Enterprise Rent-a-Car, 25 Fairfax Street, SE, to permit vehicle rental in the B-2 Zoning District There was further discussion on the landscape island. Council concluded that the island would be installed as recommended by staff. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, the following motion was proposed: 2006-36 RESOLUTION Town Council Meeting of February 28. 2006 Paqe 8 Approving a supplemental appropriation in the amount of $8,600,000 for FY 2006 funding of the Water Pollution Control Facility upgrade expansion The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Burk, seconded by Councilmember Kramer, the following motion was proposed: 2006-37 RESOLUTION Accepting the report of the Public Art Task Force to Council as presented on February 27, 2006. Council member Burk stated her motion is to accept the report and have the proposed commission meet to define the scope and mission of the commission. Councilmembers Kramer, Hammier and Horne and Vice Mayor Martinez agreed. Council member Zoldos agreed and requested a report from staff on the budget impact and legislative action to define the scope of the task force. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 H. Boards and Commissions a. Airport Commission Vice Mayor Martinez stated the Commission is working very hard. b. Thomas Balch Library Commission No comment c. Board of Architectural Review The Mayor reported the BAR, Planning and Economic Development Commissions are meeting jointly to discuss the Crescent District Master Plan. d. Cable Television Advisory Commission Vice Mayor Martinez stated the Commission is working very hard. e. Economic Development Commission Councilmember Horne reported she did attend their joint meeting of the Planning Commission and the BAR on the Crescent District Master Plan. f. Environmental Advisory Commission Councilmember Burk stated the Commission did not have a quorum at the last meeting. Town Council Meeting of February 28. 2006 Page 9 g. Information Technology Commission Vice Mayor Martinez stated the Commission just held a retreat and he is looking forward to the strategies they will focus on. h. Parks and Recreation Commission Councilmember Hammier reported the Commission will be meeting tomorrow on the dog park. i. Planning Commission No comment other than they were at tonight's joint public hearing. j. Tree Commission Councilmember Kramer congratulated the Commission on the adoption of the Urban Forestry Management Plan. k. Standing Residential Traffic Committee No comment I. Old Business J. New Business On a motion by Vice Mayor Martinez, seconded by Councilmember Hammier, the following motion was proposed: 2006-38 RESOLUTION Adopting the Urban Forestry Management Plan The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council member Horne, seconded by Vice Mayor Martinez, the following motion was proposed: 2006-39 RESOLUTION Production of "Court & Market Days in Leesburg" as a new annual, Town sponsored special event. The motion was approved by the following vote: Aye: Burk, Horne, Kramer, Martinez and Mayor Umstattd Nay: Hammier and Zoldos Vote: 5-0-2 On a motion by Council member Burk, seconded by Councilmember Kramer, the following motion was proposed: Town Council Meetinq of Februarv 28. 2006 Page 10 2006-40 RESOLUTION Extending the hours of the part-time Deputy Town Attorney position to a full-time position. Councilmember Horne stated this will result in a savings to the Town. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 L. Council Comments Councilmember Hammier disclosed a meeting with Colleen Snow, Counsel for Enterprise Rent-a-Car and a phone conversation with Randy Minchew, Walsh & Colucci, regarding the Harrison Park application. She stated she was invited by Lori Waters to a lunch with Knox Singleton, CEO of Inova Health Systems, Dr. Robin Felder, Dir. of the Medical Automation Lab at UVA, and Dr. Terry Sharrer of the Smithsonian to discuss the upcoming MA conference, which will be held November 1- 3. She thanked Tom Rose for the donation of sweatshirts for the R.O.C.K. Program. She reported attending the joint meeting on the Crescent District Master Plan. Further, she reported attending the Downtown Business Association meeting briefing about rail along the Dulles Corridor. She thanked the Arts Council for the Mardi Gras celebration. Councilmember Zoldos had no comments. Councilmember Horne reported she has heard from friends and neighbors that they are very much in support of a dog park. She stated her concern that we still have a vacancy for the Human Resources Director. Councilmember Horne reported meeting with volunteers and staff regarding the Keep Leesburg Beautiful event on April 15. She reported attending the Mardi Gras celebration. She disclosed calls and emails with Randy Minchew, Colleen Snow and Rob Mitchell. Further, she has been selected to attend the Leadership Virginia class. Councilmember Burk reported attending the Preservation Society reception on February 19. Further, she attended the Kick-Off for the Relay for Life. She reported attending the Mardi Gras and thanked the Leesburg Downtown Business Association for the wonderful event. Town Council Meeting of Februarv 28. 2006 Page 11 Councilmember Burk reported she and Vice Mayor Martinez attended the NAACP first Black Business Forum. She stated it was organized by Gladys Burke and she appreciated the invitation. She congratulated the Tree Commission for the Urban Forestry Management Plan stating it demonstrates Council has a vision for this Town involving restoring some of the lost trees. She welcomed Harrison Park to the community. She reported she and the Mayor attended the Loudoun Hospital Foundation fund raising event for Bay St. Louis, Mississippi. She stated her amazement with the devastation of that community and thanked the Loudoun citizens who are helping to set up a free clinic for the hurricane victims. Finally she thanked all the members of the Public Arts Task Force stating it shows Leesburg is committed to improving the quality of life and drives economic development. Vice Mayor Martinez wished his wife a Happy Anniversary and thanked her for putting up with him for 25 years. He congratulated Mitchell and Best and welcomed them to Town. He reported meeting with Randy Minchew and Christine Gleckner with Mitchell and Best. Further, he stated he is putting together a team for the Relay for Life and challenged Council to participate. Vice Mayor Martinez reported attending the NAACP Business Forum stating he is very impressed with the diversity of the group and thanked Pauline Singletary for her contribution. Council member Kramer stated this Council has created an atmosphere of making things happen. In addition, the quality of staff and Council efforts has shown tonight. M. Mayor's Comments Mayor Umstattd reported meeting with representatives of B&M Motor Cars, Bob Sevila, Beck Dickerson, and Vasilly Mulyar. She reported attending the ribbon cutting at Pohanka. She stated they are willing to enter into a partnership with James Monroe Vocational School and she has put them in touch with the principal. The Mayor commended the students who participated in the 1st Mt. Olive Baptist Church Oratorical Contest on February 24. She reported attending the Loudoun Medical Group fundraiser and spent time with the Fire Chief from Bay St. Louis, Mississippi. Town Council Meeting of February 28. 2006 Page 12 She read comments from Ms. Hower and Ms. Cross' classes at Loudoun Country Day pre-school on what they would do if they were Mayor. N. Manager's Report John Wells reported the Town Data Center has now moved to the Leesburg Police Department. Nicole Ard reported that the cable bill has passed the House and Senate. Also, there is a Senate version of a transportation bill for funding of four lanes of Sycolin Road from Hope Parkway to the Greenway in the amount of $6 million. John Wells stated Loudoun County's proposed budget has a $3 million a proposed road bond. If approved that would supplement what we will be doing on Battlefield Parkway. He stated the section of Battlefield Parkway would be north of Uniwest near the Rehau area to complete that segment that will allow us to take Rt. 7 East to Rt. 15 North without getting on the bypass. The Mayor thanked staff for their quick response to get a letter to Delegate May on these road issues. O. Adjournment On a motion by Council member Zoldos, seconded by Vice Mayor Martinez, the meeting was adjourned at 10: 15 p.m. ~l'\~=~~ n n C. mstattd, Mayor \ Town of Leesburg a'i:.a.d 2006_tcmin0228