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HomeMy Public PortalAbout2006_04_11 COUNCIL MEETING April 11, 2005 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Melinda Kramer, Marty Martinez, and Mayor Kristen Umstattd. Councilmembers Absent: Councilmember Zoldos absent and Vice Mayor Martinez arriving at 7:41 p.m. Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole Ard, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Management/Budget Officer Mike Freda, Deputy Director of Capital Projects Management Renee Follette, Assistant Director for Parks Bill Ference, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Council member Horne B. Salute to the Flag was led by Councilmember Burk C. Roll Call showing Councilmember Zoldos absent. D. Minutes a. February 13, 2006 work session On a motion by Councilmember Burk, seconded by Councilmember Horne, the minutes of the February 13 work session were approved by a 5-2 vote, Zoldos absent and Martinez arriving late. b. February 27, 2006 work session On a motion by Council member Horne, seconded by Council member Burk, the minutes of the February 27 work session were approved by a 5- 2 vote, Zoldos absent and Martinez arriving late. c. March 13, 2006 work session On a motion by Councilmember Horne, seconded by Councilmember Kramer, the minutes of the March 13 work session were approved by a 5- 2 vote, Zoldos absent and Martinez arriving late. E. Presentations a. Certificate of Recognition - Tiger Claw Tae Kwon Do On a motion by Councilmember Burk, seconded by Council member Horne, a Certificate of Recognition was presented to Master Jay and Jennifer from the Tiger Claw Tae Kwon Do. This recognition was for their efforts in organizing over a dozen Leesburg businesses and community members to raise $12,000 for St. Jude's Children's Research Hospital. Also in attendance was White Belt Kendrick Umstattd. Town Council meeting of April 11. 2006 Page 2 b. Proclamation - Arbor Day - April 22, 2006 On a motion by Councilmember Horne, seconded by Councilmember Kramer, the following proclamation was presented to Earl Hower, Chairman of the Tree Commission: PROCLAMA TION ARBOR DA Y APRIL 22, 2006 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this special day, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, trees reduce the erosion of topsoil, moderate temperature, reduce heating and cooling costs, clean the air, produce oxygen and provide a habitat for wildlife; and WHEREAS, trees in our Town increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, the Town of Leesburg has been recognized as a Tree City USA by the National Arbor Day Foundation for seventeen consecutive years and desires to continue its tree planting ways. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim April 22, 2006 as the official Arbor Day of the Town of Leesburg. PASSED this 11th day of April 2006. F. Petitioners: Dennis Nolan, 1207 Tennessee Drive, addressed Council. Mr. Nolan stated Sections 2A, 2B, 3, Woods Edge Drive, and the Recreation Center are coming along fine. Section 4 lights are on order and Mr. Bradley with Virginia Power did get an estimate to Lennar. Additionally, Battlefield Parkway, Section 1 needs most of the Sanitary Sewer lines at the townhouse section replaced which will require tearing up driveways. The trailer issue on Battlefield Parkway is yet to be resolved. He stated that it may end up in the loss of cable service to Edwards Landing residents from Gatehouse. Mr. Nolan asked staff to keep him advised on what is going on between tonight and the next Council meeting. Bob Sevila, on behalf of Renee Dennis, stated his client owns property Fort Evans Road. Mr. Sevila stated in 2003 as a result of some clearing and grading by Town Council meeting of April 11. 2006 Page 3 Lennar (U.S. Homes) there was a fire that destroyed a lot of trees and woodlands owned by the Dennis family as well as in the Edwards Landing development. He stated a $100,000 bond was posted with the Town of Leesburg for replanting of these trees. He added the work still remains to be done and asked that this item be placed on the April 25th agenda for a report. Renee Dennis thanked Council for listening to his concerns. John Sabourin, attorney for U.S. Homes, reported there is a letter of understanding dated April 15, 2004 in which Lennar agreed to replace certain trees on the Dennis property and trees on nine lots in Edwards Landing. He stated those trees were replaced and inspected by the Planning Department. Unfortunately some of the trees on the Dennis property died, which was no fault on the part of Lennar. He stated taking this bond of $100,000 is inconsistent with the letter of understanding with the Zoning Administrator and unfair and the situation should be resolved with the Zoning Administrator. The petitioner's section closed at 7:53 p.m. G. Public Hearing a. Boundary Line Adjustment Agreement with Loudoun County regarding Festival Lakes The public hearing opened at 7:54 p.m. There was no staff presentation. Vice Mayor Martinez stated he is grateful that the Central Loudoun Little League ball field will now be part of the Town. Council member Horne thanked the Central Loudoun Little League for their letter of support. The public hearing closed at 7: 57 p.m. On a motion by Vice Mayor Martinez, seconded by Council member Kramer, the following motion was proposed: 2006-61 RESOLUTION Approving of a Boundary Line Adjustment Agreement between the County of Loudoun, Virginia and the Town of Leesburg, Virginia The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer and Vice Mayor Martinez Nay: Mayor Umstattd Vote: 5-1-1 (Zoldos absent) H. Legislation I ORDINANCE None Town Council meeting of April 11. 2006 Page 4 CONSENT AGENDA On a motion by Councilmember Horne, seconded by Councilmember Burk, the following consent agenda was proposed: 2006-62 RESOLUTION Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Northlake, Section 3. 2006-63 RESOLUTION Accepting the public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Northlake, Section 7. 2006-64 RESOLUTION Rescinding Resolution 2005-48 and authorizing an agreement and approving a performance guarantee and a water and sewer extension permit for Catoctin Circle Center from Arcadia Development Company. 2006-65 RESOLUTION Supporting the efforts of Keep Loudoun Beautiful, encouraging community participation in a Town-wide clean-up and beautifician program to Keep Leesburg Beautiful throughout the year, and proclaiming April 15, 2006 as Keep Leesburg Beautiful Day. The consent motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez, and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) REGULAR AGENDA On a motion by Vice Mayor Martinez, seconded by Councilmember Hammier, the following motion was proposed: 2006-66 RESOLUTION Amending the FY 2006-2010 Capital Improvement Program to add Ida Lee outdoor pool, appropriating $100,000 for design and engineering services in FY 2006 and awarding the design and engineering services contract for this project to Smolen, EMR & Associates Architect for $310,500. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) On a motion by Vice Mayor Martinez, seconded by Councilmember Hammier, the following motion was proposed: 2006-67 Town Council meeting of April 11. 2006 Page 5 RESOLUTION Awarding a design and engineering services contract for an indoor tennis center to Vollmer Associates, LLP for $172,000. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) On a motion by Vice Mayor Martinez, seconded by Council member Burk, the following motion was proposed: 2006-68 RESOLUTION Declaring that a public necessity exists and authorizing condemnation to acquire rights-of-way, temporary and permanent easements on 28 Fort Evans Road. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) On a motion by Councilmember Burk, seconded by Councilmember Horne, the following motion was proposed: 2006-69 RESOLUTION Making an appointment to the Board of Architectural Review - Ned Kiley The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (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 Councilmember Horne reminded the public the Business Appreciation nominations are due shortly for the May 16 Business Appreciation Awards Ceremony. f. Environmental Advisory Commission Town Council meeting of April 11. 2006 Page 6 No comment g. Information Technology Commission No comment h. Parks and Recreation Commission Councilmember Hammier reminded everyone the Annual Flower and Garden Show will be held on April 22 and April 23. i. Planning Commission No comment j. Tree Commission No comment k. Standing Residential Traffic Committee No comment J. Old Business None K. New Business On a motion by Councilmember Burk, seconded by Vice Mayor Martinez, the following motion was proposed: 2006-70 RESOLUTION Consideration of establishing a Board of Architectural Review for those areas surrounding the Old and Historic District. Council member Burk clarified this resolution is only for consideration and input of citizens, the Planning Commission and the Board of Architectural Review. Council member Horne asked for clarification on the area surrounding the Old and Historic District. Barbara Beach stated the Crescent District was discussed last night. Further, the language was left vague so others areas could be included if the Planning Commission recommended. Mayor Umstattd questioned whether we should be giving additional guidance to the Planning Commission as residents living adjacent to the historic district would be nervous. She asked whether we should be focusing on the Crescent District and redevelopment. Councilmember Burk stated this issue is being sent to the Planning Commission and BAR for tightening and narrowing. Ms. Beach suggested amending Section I of the resolution to add "focusing on issues in areas such as the areas of infill, redevelopment and Village at Leesburg". Vice Mayor Martinez and Councilmember Burk were agreeable with the amended language of Section I. Town Council meeting of Aoril 11, 2006 Page 7 The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) On a motion by Councilmember Kramer, seconded by Councilmember Burk, the following motion was proposed: 2006-71 RESOLUTION Authorizing the Town Attorney to initiate an ordinance to establish a Public Art Commission The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Kramer, Martinez and Mayor Umstattd Nay: None Vote: 6-0-1 (Zoldos absent) L. Council Comments Councilmember Hammier thanked officer Scott Ebersole for his service to the Town of Leesburg and congratulated him on his retirement. She thanked Tami Watkins for the great job in resolving the issue with Richmond American and Adelphia. She reminded everyone that Girl's Softball opens on April 22. She thanked all those who have worked on preparations for Keep Leesburg Beautiful event which will take place this Saturday, April 15. Councilmember Hammier welcomed the Super Nova Soccer Store to Leesburg. She thanked staff for their hard work on the budget. She stated in addition to John Well's $340,000 reduction she will provide a proposal at the next budget work session to equalize the tax rate. Council member Horne wished all Best Wishes for a Blessed Easter and Passover. She thanked Nicole Ard and other staff members for their efforts for the Keep Leesburg Beautiful event on April 15. She reported that Flint Hollow will be playing for the event. She thanked staff for the wonderful job they have done at the budget work sessions. However, she is disappointed that only three speakers were heard at the public hearing on the budget. Councilmember Horne recommended we find additional ways to communicate with our citizens, such as a published Annual Report. Town Council meeting of April 11. 2006 Page 8 She stated her concern that Loudoun County and the State did not support the Town in their need for $3 million for Battlefield Parkway. Councilmember Burk thanked her colleagues for their support of the Public Arts Commission and Keep Leesburg Beautiful. Vice Mavor Martinez stated he appreciates the support of Council for the Arts Council and thanked all of those who have been involved in organizing the Keep Leesburg Clean event. Councilmember Kramer thanked GiGi Robinson for attending Council meetings. She stated her concern that citizens don't show up to hear the budget deliberations. She stated Council has consistently been fiscally responsible while lowering the tax rate and the debt ratio. Further, she is proud the Town's bond rating has increased. Council member Kramer stated the budget proposal is fiscally sound and she will be supporting the 18.5 cent tax rate. M. Mayor's Comments Mayor Umstattd reported meeting with Mark Silverwood and Mr. Bashman on April 4. She thanked Jennifer White and David Kirsten for hosting the candidates' debate at the Exeter Community Center. She thanked George Barton for narrating that event. The Mayor recognized Joanne Saylor on Hancock Place for hosting a retirement party for Mr. Gay, their mail carrier of 15 years. Further, she thanked the Heritage Square citizens who have worked with Leesburg Police Department to improve the living conditions in their community. She reported attending the ribbon cutting for Super Nova Soccer Store. She thanked Councilmembers Horne and Burk for their work to get sponsors for Keep Leesburg Beautiful. The Mayor reminded all of the Valor Awards Ceremony at the Dulles Marriott on April 18. She added some Leesburg Police officers will be recognized at this ceremony. N. Manager's Report John Wells reported the Loudoun County Board of Supervisors voted 7-0-2 (Tulloch and Snow absent) tonight in support of the Festival Lakes BLA. He wished everyone a Happy Easter and Happy Passover. Town Council meeting of April 11. 2006 Page 9 He reported the Leesburg Optimist Club and the Leesburg Police Support Team will be providing free child identification kits at the Keep Leesburg Beautiful Kickoff at 9:00 a.m. on April 15. Mr. Wells reported that Chief Joe Price will be recognizing the Police Support Team on their tenth anniversary. This event will be held in the Rose Garden on April 24 prior to the Council meeting. He reported copies of budget reductions to reduce the tax rate to .18 cents have been provided to Council. He gave a brief overview of those reductions. He reminded Council the next budget mark up session will be on April 18 at 7:00 p.m. Councilmember Horne proposed directing the Town Manager to reduce the non-departmental budget, especially those who have budgets at or near the $1 million mark. She asked that public safety organizations be fully funded. Councilmember Hammier asked for the fund raising numbers of the organizations asking for Town funding. John Wells stated we are awaiting additional information from the non- departmental organizations. Mayor Umstattd stated that many of Council member Hammier's suggestions are worth consideration. Additionally, she asked for more information on the adjustment to the pay scale for employees. She stated non-departmentals should be given a closer look for reductions, although, she would support a token amount to show those organizations have local support. The Mayor stated she does support funding for staff to recruit good employees and retaining the staff we have. O. Adjournment On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer, the meeting adjourned at 8:48 p.m. ~~ Kns en C. Umstattd, Mayor Town of Leesburg ATTEST: 2006_tcmin0411