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HomeMy Public PortalAbout2006_05_23 COUNCIL MEETING May 23, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Council members Kramer and Martinez Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Town Attorney Barbara Beach, Director of Engineering and Public Works Tom Mason, Police Lieutenant Brian Rourke, Director of Planning, Zoning and Deyelopment Susan Swift, Airport Director Tim Deike, Preservation Planner Annie McDonald, Comprehensive Planner Nick Colonna, Planner Delane Parks, Chief of Engineering William Ackman, Planner Wade Burkholder, Management Specialist Tami Watkins Council-elect Kevin Wright, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Hammier B. Salute to the Flag was led by Megan and Leah White C. Roll Call showing Councilmember Kramer and Vice Mayor Martinez absent. D. Minutes a. April 10, 2006 work session On a motion by Councilmember Hammier, seconded by Councilmember Horne the minutes of the April 25, 2006 work session were approved by a 5-0-2 yote (Kramer and Martinez absent). E. Presentations a. Resolution of Appreciation - Paul E. White On a motion by Councilmember Hammier, seconded by Councilmember Zoldos a Resolution of Appreciation was presented to Paul E. White for his unselfish sacrifices made for the Community and the Country while serving overseas with the United States Army b. Certificates of Recognization - Megan and Leah White On a motion by Councilmember Horne, seconded by Councilmember Zoldos, Certificates of Recognition were presented to Megan and Leah White for their unselfish sacrifices made while their father Paul White was protecting us all while serving overseas with our United States Army. c. Certificates for Keep Leesburg Beautiful Sponsors and Volunteers On motion by Council member Burk, seconded by Councilmember Horne, certificates of Appreciation were provided to the following for their sponsorship and volunteering during the Keep Leesburg Beautiful Day: Leesburg Civitan Club, Kiwanis Club of Leesburg, Leesburg Optimist Club, Leesburg Rotary Club, Knight of Columbus, Progressive Action League, Town Council Minutes for May 23. 2006 Paqe 2 Woodlea Manor Conseryancy, Edwards Landing HOA, Potomac Crossing HOA, Tavistock HOA, J.W. Tolbert Jr. Elementary School, Harper Park Middle School, Smarts Mill Middle School, Loudoun County High School, Loudoun County VFW Post 1177, the Keyettes, Kelly Insurance, Federal Realty, Gallery 222, Lowenbach Coalition, Timberland Outlet Store #190, Crossroads Main Street, Inc., Downtown Business Association, Crossroads Baptist Church, Shenandoah University-Northern Virginia Campus, Lightfoot, New York Life Insurance, Tolbert Elementary School, KSI Management/The Fields of Leesburg, Leesburg Police Citizens Support Team, Carter Braxton Real Estate, Costco, Keene Enterprises, Vaaler Real Estate, Virginia Department of Transportation and numerous Girl Scout and Brownie troops. d. Preservation Awards and Recognition Board of Architectural Chairman(BAR), Teresa Minchew, provided Preservations Awards and Recognition to the following: Patrick and Pam Reed, for the restoration and rehabilitation of their home at 417 South King Street; Peter Burnett, 210 Wirt Street, LLC, for construction of the Joshua Chamberlain Building at 210 Wirt Street SW; Cobourn and Clay Builders, for outstanding efforts in rebuilding the 19th Century mill worker's cottage at 222 Loudoun Street, SW; Susanne Kidney for service on the BAR from 2002- 2004; Bobbi Elliott for service on the BAR from 2002-2005; and Pam Reed for service on the BAR from 2004-2006. f. Report on Development Process Improvements Delane Parks reported that he and Bill Ackman are working to streamline the Development Process and their proposal will be unveiled soon. Bill Ackman stated currently there is a need to have something in writing to make the process predictable. He stated the Town Manager has endorsed an expedited reYiew process. Some changes in the new plan will be as follows: (1) the applicant will meet with staff before submission of a development plan; (2) the applicant will address those comments received from the first meeting with staff and submit a plan. After submission of the plan the applicant will meet with all departments; (3) the third submission will be the signature sets of plans. In conclusion, staff will be reviewing plans three times, first and second submission and signature set submission. g. County Presentation on Emergency Management - County Administrator, Kirby Bowers Also present from Loudoun County were Bill Sandy and Kevin Johnson. Bill Sandy stated the County takes planning for regional and national events very seriously. He added the County has been working with the Town on preparedness. Kirby Bowers presented an overview of the Loudoun County State of Emergency Planning and Preparedness Plan. He stated since 9/11 Loudoun has reorganized the Office of Emergency Management and added additional staff and partners at the Federal, State and Local level. Town Council Minutes for May 23. 2006 Page 3 He stated the Office of Emergency Management has done numerous things toward emergency preparedness such as creating a Pandemic Flu Task Force, two fully operational emergency command centers. The school system has implemented additional security and there are mutual aid agreements in place with numerous local jurisdictions and states. He reported in the case of an emergency the Board of Supervisors will approve a declaration of emergency and the County Administrator will serve as the Director of Emergency Management. Further, everyone has a role in emergencies: the Board of Supervisors/Town Council, County Administrator/Town Manager, County/Town employees, residents and businesses. In the event of an eyacuation, residents should plan to stay in place unless told otherwise by government officials. The County Emergency Operations Plan will identify procedures for citizens to evacuate and/or shelter domestic animals. Mr. Bowers emphasized the need to prepare since there are 250,000 residents in Loudoun and 2,000 first responders. Thus every business and citizen has an important role in emergency preparedness. Every business and citizen should have an emergency preparedness plan. Council thanked Mr. Bowers and his staff for this presentation. h. Certificate of Recognition - Mighty Midget Kitchen On a motion by Councilmember Horne, seconded by Councilmember Zoldos a Certificate of Recognition was presented to the Mighty Midget Kitchen for receiving the designation as the best barbecue restaurant in the Washington, DC area according to AOL City Guide. E. Petitioners The petitioner's comments opened at 9:09 p.m. Leah Baker addressed Council regarding a non-profit named Futures Found. She stated they are hosting a domestic violence rally on July 8, from 11-4 pm. Ms. Baker stated she has approval from Fields Apartments, but was denied by corporate until they receive a letter of support from the Town. Further, she asked if the Town would provide financial support. Mayor Umstattd asked Ms. Baker to giye her contact information to staff. Sandy Kane, Standing Residential Traffic Committee (SRTC), asked Council to stagger the terms of the SRTC so there would not be a total turn-over of members in July. Steve Axeman, 221 Rosemeade Place, stated his agreement with Kevin Wright's proposal to stagger board and commission terms instead of terms ending the same time as Council terms. Also he suggested the Town Code should equal what we actually are doing regarding terms. Town Council Minutes for May 23. 2006 Paqe 4 He spoke in agreement with Council member Zoldos regarding the Board of Supervisor's appointment to the Airport Commission. Mr. Axeman addressed comments made by SuperYisor Clem in response to a citizen regarding Crosstrail's proximity to Leesburg Airport being a safety issue. Mr. Clem stated the facts do not show that Crosstrail will be a public safety issue nor does it suggest that it is bad land use planning given that the County does allow what they have proposed in that location. He stated Supervisor Clem added that since the airport has yet to make a profit it is highly questionable how much economic engine truly exists at the airport. Further, Supervisor Clem stated that during his tenure as Leesburg mayor, the number of jets has dropped from 12 to two and one of them might be leaving soon. Mr. Axeman said the statement that the airport is not an economic engine is fool hardy at best. The Virginia Department of Aviation already stated the airport benefits the County and local jurisdictions to the tune of about $40 million a year. He added the airport is currently about $64,000 in the red. Also, the airport promotes commerce business aviation and the FAA holds Leesburg as a valuable reliever to Dulles. Further he stated Supervisor Clem stated Creekside is not in JLMA and the Town has no business being involved in the application. He stated a 1982 Town and County agreement stated Council does have a say and should be consulted. He concluded that approval of this CPAM would be a referendum on the airport and very determinal to the Town. He encouraged every citizen in the County to go to the Public Hearing on June 19 to voice their opposition to this CPAM. Paul Richey, 221 Shenandoah Street, addressed Council concerning the placement of Verizon fiber optic cable across his property. He wanted to verify the proper permits were acquired and that his property would be restored. John Wells stated that Town staff would contact Verizon to acquire a resolution to this matter. Mr. Richey stated his tax assessment was not an accurate assessment of his property value. Mayor Umstattd suggested that he contact the County regarding the tax deferred program. Mr. Richey stated he does not meet the asset limitations. Mayor Umstattd suggested contacting Delegate Mayor Senator Herring regarding the limitations. Andy Shuckra. Keene Enterprises, the deyeloper of Oaklawn, addressed Council. He stated as a member of the development community he is grateful the Town is looking to streamline the deyelopment process. He stated he is looking forward to Oaklawn site plans benefiting from this new process. He added road plans for Battlefield have taken two years, four submissions and $150,000 in review fees to get through the process. Town Council Minutes for May 23. 2006 Page 5 Mike Banzahf addressed Council regarding the Lower Sycolin Conveyance Design Contract. He stated a resolution was passed November 8 of last year establishing a sewer pro rata for the Lower Sycolin Sanitary Sewer Shed. He showed a map indicating the area to be served by that pro rata. He stated his assumption that this pro rata will be done the same way by assessing when the property is developed. r.te stated one line called the, Airport Sewer Branch 10" line, could serve the County jail and park while other could serve the Caggiano and Dowdy property. , and He stated the Town's policy is to provide services outside the Town only if the property is annexed. Also he asked if the study will be done in phases. Councilmember Burk asked Mr. Banzhaf if he is representing the Crosstrails project. He stated he is representing Crosstrails and Creekside. He stated Loudoun County Sanitation Authority (LCSA) can serve the JLMA and the transition area. Councilmember Burk asked if Mr. Banzhaf is implying that LCSA has a plan to serve Crosstrails. Mr. Banzaph stated Crosstrails has advised the Town that they do not wish to receive water and sewer from the Town. Council member Burk asked Mr. Banzaph to send a letter to the Town verifying the do not wish to receive Town utilities at this time or in the future. The petitioners section closed at 9:40 p.m. G. Public Hearing None H. I Legislation ORDINANCES I Council discussed the proposed language of the ordinance as written and their desire to not preclude anyone from appointment to the Commission and an expanded base of those with airport knowledge. Steve Axeman stated the Commissions intent was only to allow the Loudoun County Board of Supervisors non-voting representative be someone other than a Board member. He stated he supports Council member Zoldos suggestion to expand the appointed member to be someone who has airport knowledge. Mayor Umstattd suggested that a public hearing be scheduled on this issue and all comments will be considered. She added that superyisor Clem can come to the meeting with or with Mr. Toth. Mayor Umstattd stated she does believe the Airport Commission liaison with the County Board should be an advocate for the airport, but with an appointed commission we cannot ignore citizens who have concerns about airport noise. Town Council Minutes for May 23. 2006 Page 6 Council member Burk stated her concern with having non-Leesburg residents as voting commission members. If they are not Town residents, why have the commissions? Tom Toth asked that the Airport Commission have parity with the Economic Development Commission whose members can either live in Town or have a business in Town. Council member Horne stated there is ample opportunity for anyone to voice their concerns on the airport. This item was deferred until a public hearing could be held. ORDINANCE To amend and reordain Subsection (a) of Section 2.1-2 (Airport Commission Created) of Chapter 2.1 (Airport) of the Code of the Town of Leesburg, Virginia, 1976, as amended. On a motion by Councilmember Burk, seconded by Council member Zoldos, the following motion was proposed: ORDINANCE 2006-0-10 Adopting supplemental pages for the Code of the Town of Leesburg, Virginia, 1976, as amended, ratifying all existing ordinances and for other purposes. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Kramer and Martinez absent) On a motion by Councilmember Zoldos, seconded by Council member Horne, the following motion was proposed: ORDINANCE 2006-0-11 Approving TLZM-2005-0004 Leesburg Sport and Health Club/Wolf Furniture rezoning and concept plan with proffers at 131 Fort Evans Road, NE. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Kramer and Martinez absent) CONSENT AGENDA On a motion by Councilmember Horne, seconded by Councilmember Burk, the following consent agenda was proposed: Town Council Minutes for May 23. 2006 Page 7 RESOLUTION 2006-92 Approving a supplemental appropriation of $1,000 resulting from donations to the Keep Leesburg Beautiful Community Clean up. RESOLUTION 2006-93 Approving the CDBG Cooperation Agreement RESOLUTION 2006-94 Harrison Street right-of-way acquisition RESOLUTION 2006-95 Award of the Harrison Street NE Improvements Construction Contract RESOLUTION 2006-96 Awarding the Ida Lee Phase II construct contract. The consent motion was approved as follows: Aye: Burk, Hammier, Horne, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Martinez and Kramer absent) REGULAR AGENDA RESOLUTION Awarding the Lower Sycolin Sewage Conveyance System design contract. Mayor Umstattd suggested deferring this item for a few weeks. John Wells stated staff has confirmed there is no critical action date on this item and would suggest deferring for 30 days. Councilmember Hammier suggested the possibility of 2.2 million square feet of office/retail space with a significant impact on the tax base and suggested a recommendation from the Economic Development staff working with the Peterson Company to create incentives so they would welcome water and sewer from the Town. Council member Zoldos stated he would like staff to respond to issues related to the one 10" line referred to by Mr. Banzhaf. He stated the airport sewer line could serve all of the facilities in that area including Shellhorn. Further phasing is smart, but he would suggest deferring and revisiting the issue at the last meeting in June. He stated LCSA is required to provide water and sewer in the transition area. Additionally if this line provides service to the transition area would the sewage treatment plant have to be upgraded? Councilmember Horne read a comment from a letter that Supervisor Clem sent to WAGE Radio. He specifically says, "the Board of Supervisors has amended Town Council Minutes for May 23. 2006 Page 8 the County General Plan to allow utilities by the LCSA in the transition area that includes a portion of the Crosstrail property. Since the LCSA may serve the Leesburg JLMA and the transition area and the Town may only serve the JLMA, it only makes sense for LCSA to serve the Crosstrail property and adjacent portions of the JLMA with only one sewer line and one water line." She stated it seems Supervisor Clem is saying that Leesburg does not have a voice in this matter and the LCSA is well on its way to executing plans to serve the Crosstrail property. Councilmember Hammier asked if this issue can be deferred to the first meeting in July. John Wells stated there will be continuing dialog at the Joint Land Management Subcommittee meeting. Further he stated Randy Shoemaker received a letter from Rick Thoeson at LCSA stating they do not have a plan to serve the Crosstrail property. He and Dale cannot attend. Additionally, LCSA has not undertaken any engineering analysis or evaluation to determine the most cost effective sanitary sewer service for the referenced subdivision, Crosstrail and they have made no engineering study or employed anyone to conduct such a study regarding the Crosstrail property. This motion was deferred by the following vote: Aye: Burk, Hammier, Horne, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Kramer and Martinez absent) I. Boards and Commissions a. Airport Commission b. Thomas Balch Library Commission c. Board of Architectural Review d. Cable Television Advisory Commission e. Economic Development Commission f. Environmental Advisory Commission g. Information Technology Commission h. Parks and Recreation Commission i. Planning Commission j. Tree Commission k. Standing Residential Traffic Committee J. Old Business a. Clarification of Board and Commission appointment process Council member Burk stated she does not support changing the board and commission appointment process as she is not sure there is a problem. Mayor Umstattd stated those Councilmembers absent tonight are inclined to change the process but with a three month delay. Councilmember Horne stated she is not in favor of changing the process. Town Council Minutes for May 23. 2006 Page 9 Council member Zoldos stated the proposal has merit, but it should be the new Council's decision. K. New Business a. Mayor Umstattd proposed an motion to amend the proposed resolution by including a paragraph to state the Town Council opposes the proposal to impose an additional tax on Leesburg citizens and businesses, seconded by Councilmember Hammier. 2006-97 RESOLUTION Expressing opposition to current consideration of the Western Loudon Transmission Line Stakeholder's proposal to continue support for the comprehensive study of under grounding by JLARC, and continued cooperation among Virginia Dominion Power and other stakeholders. Mayor Umstattd's proposed amended resolution was approved by the following vote: Aye: Burk, Horne, Hammier, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Kramer and Martinez absent) L. Council Comments Councilmember Hammier had no comments. Councilmember Zoldos offered belated congratulations to Kevin Wright and Ken Reid on their election to Council. He stated the Commonwealth Transportation Board will vote next week on the approval of Battlefield Parkway from Kincaid Boulevard to Market Street. Councilmember Horne suggested an agenda item in June to discuss staggering the terms of the Standing Residential Traffic Committee. She thanked all who participated in the Keep Leesburg Beautiful program. Council member Horne thanked the citizens of the SEjSW quadrant who came out to the Woodlea forum. She stated one issue raised at that meeting was city status. She added the Weldon Cooper Institute has a resource on staff, John Thomas. Council member Burk thanked Pam Reed for her service to the BAR. She thanked all the volunteers for Keep Leesburg Beautiful. Further, she thanked those who were recognized by the BAR. Council member Burk thanked Councilmember Horne for organizing the Woodlea Forum. She also congratulated the Economic Development staff for a successful Business Awards Ceremony. Town Council Minutes for May 23. 2006 Paqe 10 M. Mayor's Comments Mayor Umstattd disclosed a meeting on May 23 with Bill Keefe, Walsh Colucci and Bob White, Autopark to discuss setting aside property for Battlefield Parkway right-of-way. She reminded the citizens of the Memorial Day Ceremony on May 29 noting that Jay Greely will be the keynote speaker. She stated her appreciation to Councilmembers Burk and Horne for the work on the Keep Leesburg Beautiful event. She thanked staff for a job well done at the Woodlea meeting. N. Manager's Report John Wells stated Barbara Beach will be sponsoring a training session on Conflict of Interest, the Freedom of Information Act, and Robert's Rules of Order on July 26 from 7:00 to 10:00 pm at Ida Lee Park. He thanked staff and all participants in the Keep Leesburg Beautiful event. o. Adjournment On a motion by Councilmember Burk, seconded by Council member Hammier, the meeting adjourned at 10: 59 p.m. ~()~~ . c. U stattd, Mayor ,--- Town of Leesburg ATTEST: Ida 2006_tcmin0523