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HomeMy Public PortalAbout2006_06_27 COUNCIL MEETING June 26, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Susan Horne, Marty Martinez, Melinda Kramer, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Katie Hammier Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief of Police Joe Price, Airport Director Tim Deike, Director of Engineering and Public Works Tom Mason, Director of Economic Development Betsy Fields, Zoning Administrator Brian Boucher, Preservation Planner Annie McDonald, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Vice Mayor Martinez B. Salute to the Flag by Councilmember Burk C. Roll Call showing Councilmember Hammier absent D. Minutes a. Minutes for the June 12, 2006 work session On a motion by Vice Mayor Martinez, seconded by Council member Burk, the minutes of the June 12; 2006 work session were approved by a 6-0-1 vote (Hammier absent). E. Presentations a. Certificates of Appreciation - Councilmember Zoldos and Councilmember Kramer Council presented Certificates of Appreciation to Council members Zoldos and Kramer for their dedication and service to the Town Council and the community. Council thanked Councilmembers Kramer and Zoldos and wished them well. b. Resolution of Resp~ct ~ .Thomas Lloyd This item was deferred to the first regular meeting in July. c. BAR Appeal - Best Western Hotel - 725 East Market Street Moved to the Public Heari~g section of this meeting. E. Petitioners The petitioner's comments opened at 7:47 p.m. Mark Gunderman on behalf of the Good Shepherd Alliance, Inc. (GSA) addressed Council concerning the Warming Center on Sycolin Road. He stated GSA has been providing an emergency shelter, food, clothing and transportation to the homeless population in Loudoun County since 1983. Town Council Minutes for June 27, 2006 Page 2 He added a new family shelter facility will open near South Riding in July and the Purcellville Transitional House for Women is in the planning stages. Further, an emergency shelter specifically for families is located near Lucketts. Mr. Gunderman stated they maintain a thrift store in Sterling which allows them to provide $20,000 annually in. free merchandise via a voucher system that supports indigent people with verifiable needs. In closing Mr. Gunderman stated, "Tonight I ask everyone, all who can hear my voice and the 120 churches residing in this county. Please be conscious of the poor that live among us. Be men and Women of courage. Be strong in faith. Do everything in love. Please be g~od Samaritans!" Sandra Kane. 815 Kenneth Place SE, addressed Council. She agreed the Town should continue the mosquito control plan at Town facilities in response to West Nile Virus. :;. . She asked how the Town is treating other areas of the Town in regard to spraying for mosquitoes. Furtber she asked if citizens could be notified when spraying is taking place. John Wells stated the Loudoun County Health Department could better answer that question. GiGi Robinson, 207 Prince Street, addressed Council regarding the curb return radii standards for Edwards Ferry Road. She stated what is good for Edwards Ferry Road should be good for the entire Lowenbach development. She thanked Councilmembers Kramer and Zoldos for their work on Council and wished them well. Liz Whiting, 241 Edwards Ferry Road, addressed Council regarding the turning radii on Edwards Ferry Road. She encouraged Council to endorse the smallest radii acceptable. She stated trends in other jurisdictions are the opposite of what is proposed. She added the Lowenbach neighborhood is a treasure and should be preserved as much as possible. . Mayor Umstattd stated the resolution presented tonight would keep the radii at 12 feet. Therefore, an amended resolution would be required to shorten the turning radii throughout the Lowenbach Subdivision. Dave Tevis, 544 Crestwood Street, addressed Council. Mr. Tevis stated he received a call from his attorney's office that defended him a year ago. The attorney, Alex Levay, advised him to contact Lt. Grigsby on the disposition on the investigation. He stated he was told.by Lt. Grigsby that since he would not participate in the investigation, she called his attorney. He stated the police contacting his attorney jeopardizes his attorney client privileges. Further, he stated his hope that the investigation is not iJiased. He stated our rights and personal safety are dear and if this could happen to him, it could happen to anyone. Howard Kleeb, 320 EdWards Ferry Road NE, addressed Council. Mr. Kleeb stated he concurs with Liz Whiti,ng's comments on the turning radii on Edwards Ferry Town Council Minutes for June 27. 2006 Page 3 Road. Mr. Kleeb stated he looks forward to the completion of street improvements in Lowenbach. He added that Prince Street absorbs most of the traffic going through Lowenbach and a wider intersection will create more traffic. Further, he stated the possibility of a three-way stop at some intersections to ensure safety. Jim Lewis, 1217 Bradfield Drive, SW, publicly acknowledged the assistance of Council member Zoldos on neighborhood issues through out his tenure on Council, stating he has been unselfish wi.th his time. He also recognized Sgt. Buracker and Sgt. pebler for being excellent. police officers. J.B. Anderson congratulated Councilmember Zoldos for his leadership over the years on Council and with the Leesburg Fire Department. Further, he thanked him for his friendship. . He reminded Council of.the Fire Department's fundraising event at the July 4 celebration. . The petitioners section closed' at 8:14 p.m. G. Public Hearing . BAR Appeal - Best Western Hotel - 725 East Market Street The public hearing opened at 8: 14 p.m. Annie McDonald gavea history of this BAR case. She stated the hotel has an illegal sign and a previously approved monument sign at this location. She stated that generally corporate applications are held to a certain number (2) of signs. She stated their modifications to the building were approved by the Board of Architectural Review but the signs were deferred until March 17. The applicant returned with two proposals. She stated one alternative proposal was ruled out and the other was denied as it did no comply with the H-2 Corridor Design Guidelines. She added staff has provided Council two resolutions, one to uphold the BAR decision and the other to overturn the BAR decision. Ms. McDonald read the following letter from Teresa Minchew, Chariman of the BAR, concerning BAR Case TLHP-200S-0144 - Best Western Hotel Signage in to the record: "Madam Mayor and Members of the Town Council: I regret that due to commitments in place prior to the filing of the subject appeal or the scheduling of the hearing of this appeal, I will not be able to attend the Town Council meeting this w~ek.. I cim especially sorry because this will be the first BAR appeal to be considered foll9win9 new appeal procedures instituted at the request of the Town Attorney, wherein planning staff will no longer "defend" the BAR decision but simply present a record of what has occurred in connection with the case. A BAR representative is welcome to be present in case of questions and will be afforded an opportunity to comment; I. am sorry not to be that person. Please consider this letter in lieu of my spoken comments on the matter. Staff has provided you with .a' well-organized, exhaustive report on this case. I find no issue with anything stated in it. ". Town Council Minutes for June 27, 2006 Page 4 The Town's guidelines for improvements in the H-2 corridor mandate that the BAR, among other things, minimize visual distraction when considering approval for signage and other elements which may be considered advertising. The current guidelines leave the interpretation of this mandate to the BAR. Over many years, the BAR has consistently held ap'plicants for corporate signage in the H-2 corridor to four (4) colors in a well-designed sign as one key element in ensuring that a cohesively designed structure resulted and to ensure that a fair policy was applied across the board to all corporate applicants. Many corporate applicants throughout the years have altered their preferred corporate color package to meet these requirements, and most have acknowledged that they have done the same - if not more - in other jurisdictions. ' The applicant is asking that he not be held to the same standard as other corporate applicants. He installed a sign (now removed) which would not have been approved by the BAR and he sought' such approval, and, further, which was in violation of zoning requirements limiting the number of signs for one business. Then, despite repeated efforts by bo.ard members to provide suggestions for several appropriate and simple revision's,' he simply refused to consider any such alterations. The BAR would have been arbitrary if it had not held the applicant to this standard, as the proposed design was in no way so perfectly integrated with the building and with Leesburg that it current policy and past precedent should be ignored. It is misleading to simply look at existing signage in the H-2 corridor, as much signage currently in place was installed either prior to the institution of the H-2 Corridor, or without approval from the BAR once the corridor was created. Our enforcement officers work tireresslYi but there is simply not sufficient staff to keep on top of all the unapproved a'iterations in the Historic Districts. This visual evidence can be confusing to applicant$ (and to new BAR members). The applicant refers specific,ally to the Town's way finding signage when claiming that since other signage in the H-2 Corridor has more than 4 colors, his sign should be approved with whatever' colors arranged in whatever was his corporate headquarters pleases. As you all kn:ow, at the time the way finding signage was installed it was determined that it was not subject to BAR approval as is all commercial signage in the H-2. That being said, had the way finding signage come through the approval process at the 'BAR, its color scheme may well have been determined to be appropriate pased on the muted tones, cohesive design, and non- commercial nature of the signa.ge. No matter which way it is considered, the color scheme of the way finding sign-s is 'not relevant here and so is not supportive of the applicant's contention that hiscorporate signage should be allowed regardless of policies and precedent. ' Finally, the same represen~ative for the applicant was present at and engaged in all the BAR's meetings on this 'case. He was the beneficiary of significantly more time and effort on the part of the, BAR than is usually warranted for similar issues. He understood the requirements bufClaimed to us several times that his corporate headquarters would not allow him to change the sign from that proposed. The rationale of the majority of the Boa~(;J- members was stated repeatedly and in various ways. If anything, in retrospect the Board might have been wise to act more decisively at an earlier stage rather than giving the applicant multiple opportunities to meet the standards for the H-:-2 ,Corridor district. Town Council Minutes for June 27, 2006 Page 5 I urge you to find that the Board of Architecture Review did not act in error or in an arbitrary and capricious manner in this case and thus to uphold our decision. Overturning this decision wilL result in a rash of new applications for multi-colored, generically designed, corporate-headquarters approved signage throughout the H-2 corridor - applications which the BAR will have little choice but to approve, as years of policy and precedent will have been rendered meaningless. All your Board of Architectural Review appointees work very hard to interpret and fairly apply the standards set forth in our guidelines, while trying to help applicants through the process in as painless a way possible. Thank you for all you do as well, and for considering,the points set forth in this letter. Sincerely, Teresa Minchew, Chair, Board of Architectural Review" Councilmember Horne clarified the channel letter sign on the west side of the building over the hotel lobby will be removed if the applicant is permitted the requested sign. ' Ms. McDonald stated the existing sign has already been removed and the new proposed sign will be located on the south side over the double door area. Councilmember Zoldosasked for verification on what the suggested variations were by the BAR. ' ' Ms. McDonald stated one sug'gestion was to remove the gray area around the Best Western logo to blue so that it would be a unified blue background. The other was to make the entire background gray. The applicant stated he was not authorized to change the sign;. Mayor Umstattd verified with the Town Attorney that if no decision is reached by Council, the applicant's only alternative would be an appeal to the Circuit Court. Ms. Beach clarified tha,t delaying to the first Council meeting in July would be an option, however, there would be a new Council and some would not be able to vote on this issue. Keith Stevens, applicant" for Best Western addressed Council. Mr. Stevens stated he purchased the property in 'September 2005. The signage issues became known to him when he obtained a zoning letter and was informed of outstanding sign issues. He added that he is not em'ployed by Best Western; he has only obtained a franchise for the Leesburg site. He stated he plans to make major exterior renovations at the hotel and a new sign which will meet the Best Western standards. He stated his application was ,denied due to not following precedent. He stated Council previously approved way finding signs that have seven (7) colors, thus is not consistent with the five (5). He ',stated he disagrees with Ms. Minchew's statement that way finding signs are non-commercial in nature. He stated there are non- commercial way finding signs directin9 people to the outlet mall. Mr. Stevens added that Charlottesville and Williamsburg do not limit the number of sign colors. In addition, he stated the 'H-2Guidelines have no limit on the number of colors in a sign. Town Council Minutes for June 27. 2006 Page 6 Councilmember Kramer questioned basing this decision on something that we are unsure whether the BAR has to authority to enforce. She asked if there is anything in writing to base this decision on. Ms. McDonald stated the guidelines have nothing written about the number of colors in a sign. The BAR decisions are based on consistency with past decisions and they have limited the number of colors in the H-2 District in the past. She added they can usually resolve sign issues in two meetings. Mr. Stevens stated the BAR Chairman stated at the meeting that additional signs had been approved for Lightfoot Restaurant. Councilmember Kramer stated she understands the request but one less color will not prevent drivers from finding the Best Western. Vice Mayor Martinez stated, color is the last thing on the mind for drivers. Councilmember Burk stated she checked signs for Best Western Hotels on-line and different signs are used in different areas. Zoning Administrator Bria'n Boucher stated the outlet mall signs have five colors and is part of a Comprehensive Sign Plan. Further, the outlet mall in on a VDOT signs only because it is a destination. Councilmember Horne stated she is troubled by the seven month delay on this issue. Since the H-2 Guidelines do not limit colors she would favor overturning the BAR decision. Councilmember Zoldos told Mr. Stevens he has done a good job defending his position. Since, the sign meets the regulations on the books he would favor overturning the BAR decision. ' Mayor Umstattd stated' she agrees with Councilmembers Horne and Zoldos. She is troubled the BAR applies ~uidelines not in writing. " The Mayor asked for pt;lblic comment on this issue. There were no speakerS. The public hearing c10seq at 9: 17 pm. b. Verizon Virginia Franchise The public hearing opened at~:18 p.m. Tami Watkins stated the proposed franchise agreement is a 15 year non- exclusive franchise. It includes $10,000 up front for PEG plus 1.7% of gross revenues for PEG/Institutional Network support. Thereafter, a 5% franchise fee, public, educational, and government access programming, customer service standards and liquidated damages and $15,000 to pay the Town to settle all remaining legal expenses for the negotiation of the franchise. She stated Adelphia Communication presented objections to the granting of a franchise to Verizon raising legal objections related to the current level playing Town Council Minutes for June 27, 2006 Page 7 field provisions. She added that effective July 1, 2006 the level playing field provision goes away. Additionally the Cable Television Advisory Commission has recommended approval of this franchise. Councilmember Kramer asked how this franchise compares to the past agreement. Ms. Watkins stated the PEG provision and other in-kind fees are not negotiable after July 1, 2006. Councilmember Burk stated she spoke with her Cable Commission appointee, Ray Pelletier, and he had nothing to add. Further, the Commission asked for 24 different changes which hav~' been made. Councilmember Horne stated ~er appreciation to the Cable Commission, Tami Watkins and Verizon for the successful negotiation which will be a good deal for Leesburg. Councilmember Zoldos complimented Tami Watkins and the Cable Commission for their hard wqrk stating he will be supporting the staff recommendation. . Dick Beville. Verizon Commudications, thanked Mr. Wells and Tami Watkins for their hard work on completing these negotiations done before July 1. Ralph Darnell, 4508 Edwards Landing, thanked the Town and Verizon for getting the infrastructure ,in place for his community. Dennis Nolan, 1207 Tennessee Drive, president of the Edwards Landing Homeowners Association addressed Council. He thanked Councilmembers Kramer and Zoldos for their hard work during their tenure on Council. He stated his support fora new cable company since Gatehouse will be leaving their community. Sandy Kane thanked Ver!zon for installing FIOS lines in the Kincaid Forest neighborhood and invited them. to come look at how her yard was left. The public hearing at 9:32 p.m. On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the following motion was proposed: ORDINANCE 2006-0-13 Granting a cable television franchise to Verizon Virginia Communications, subject to certain conditions. The motion was approved by the following vote: Aye: Burk, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Town Council Minutes for June 27, 2006 Page 8 Nay: None Vote: 6-0-1 (Hammier absent) H. I Legislation ORDINANCES None CONSENT AGENDA On a motion by Councilmember Horne, seconded by Council member Kramer the consent motion was proposed with the removal of item No.5. 2006-107 RESOLUTION Awarding the annual street milling and resurfacing construction contract. 2006-108 RESOLUTION Authorizing an agreement, approving a performance guarantee and water and sewer extension permits for Cooke's Crossing. 2006-109 RESOLUTUION Accepting public improvements, releasing the performance guarantees and approving maintenance guarantees for public improvements at Potomac Crossing, Sections 5 and 7. 2006-110 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in Lansdowne on the Potomac;, Sectiqn 45. 2006-113 RESOLUTION Approval of the Master Plan update alternative for the Leesburg Executive Airport. 2006-114 RESOLUTION Authorizing staff to continue with the Mosquito Control Plan at Town-owned facilities in response to West Nile Virus. , The consent motion was approved with the following vote: Aye: Burk, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None ' Vote: 6-0-1 (Hammier absent) REGULAR AGENDA On a motion by Councilmember Horne, seconded by Vice Mayor Martinez, the following motion was proposed: 2006-112 RESOLUTION Town Council Minutes for June 27 , 2006 Page 9 Establishing the Edwards Ferry Road curb return radii standards - 12 ft. radi standards on Washington and Prince Streets and Catoctin Circle. The motion was approved by the following vote: Aye: Burk, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Hammier absent) On a motion by Vice Mayor Martinez, seconded by Councilmember Zoldos the following motion was proposed: 2006-111 RESOLUTION Approving the Crescent District Master Plan The motion was approved by the following vote: Aye: Burk, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Hammier absent) Mayor Umstattd advised the Best Western applicant and Council the Town Attorney has recommended a' closed session to discuss the Best Western appeal. On a motion by Councilmember Zoldos, seconded by Councilmember Kramer, Council went into closed session to discuss potential litigation related to Best Western Hotel's appeal of the BAR sign denial. The motion was approved by a 6-0-1 vote (Hammier absent). ' Council recessed into closed session at 9:41 p.m. Council returned from :c;:losedsession at 9:45 p.m. Council certified that to the best of each member's knowledge, only legal matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business maters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by CounciL The motion was approved by a 6-0-1 vote (Hammier absent). On a motion by Coundlmember Horne, seconded by Councilmember Zoldos, the following motion was proposed: . 2006-106 RESOLUTION Overturning the April 17, 2006 decisjon of the Board of Architectural Review in Case TLHP-2005-0144 for installatron of a,:new wall sign for the Best Western Hotel at 726 East Market Street. The motion was approved by the following vote: Aye: Kramer, Horne,Zol.dos and Mayor Umstattd Nay: Burk . Abstain: Martinez Town Council Minutes for June 27. 2006 Page 10 Vote: 4-1-1-1 (Martinez abstain and Hammier absent) I. Boards and Commissions a. Airport Commission No comment b. Thomas Balch Library ~ommission Mayor Umstattd stated the Thomas Balch Library is going to be recognized for a design cabinet award at an upcoming Loudoun County Board of Supervisor's meeting. ' c. Board of Architectural Review No comment d. Cable Television Advisory Commission No comment e. Economic Development Commission No comment f. Environmental Advisory Commission No comment ' g. Information Technology' Commission No comment h. Parks and Recreation Commission No comment i. Planning Commission Mayor Umstattd thanked the Planning Commissioners who spoke at the Crosstrails public hearing before the Loudoun County Planning Commission. j. Tree Commission No comment k. Standing Residenti~1 Traffic Committee No comment J. Old Business None K. New Business Councilmember Horne asked Council's consideration for public input on the design the Parks and Recreation Commission has submitted for the new pool. She expressed her conc,ern for the lack of lanes for lap swimmers and the opportunity to hear the community concerns. Councilmember Martinez stated there have been numerous publiC comments already. , . Town Council Minutes for June 27. 2006 Page 11 Councilmember Horne suggested a formal presentation of the pool design at which Council will accept public comment at our first regular meeting in July. L. Council Comments Council member Zoldos stated it has been an honor and privilege to serve the community. He thanked all those people who have come before us and thanked all of his colleagues and staff, especially Barbara Beach, John Wells and Judy Ahalt. Good night, good luck and good news tomorrow. Councilmember Horne disclosed a meeting with Katherine Lewis of Verizon earlier today regarding the issue of underground utilities. She stated as part of the LEAD Program she visited Staunton, Virginia and commented on how they are accomplishing projects through the public/private partnership arena. She asked everyone to re'member the meaning of Independence Day. Council member Horne thanked Council members Kramer and Zoldos for service to the community. Councilmember Burk commented it has been an honor and privilege to serve with Councilmembers Kramer and Zoldos. Vice Mayor Martinez thanked the Cable Commission for their hard work on the Verizon franchise. He thanked John Wells and Barbara Beach for their assistance. He reported that he along with Nicole Ard and Tami Watkins visited the Boys and Girls Club in Manassas and encouraged discussions with the County about using Phil Bolen Park for a possible center for teens. He stated his thanks for the approval of the Crescent District Master Plan. Vice Mayor Martinez stated he is sorry to see CouncilmemberS Kramer and Zoldos leave the Council. Councilmember Kramer stated it has been a pleasure to work with such high caliber people. She expressed her appreciation for the respect shown to her by the Mayor. Further, she stated she feels very good about where the Town is going. M. Mayor's Comments ,_ Mayor Umstattd stated Congressman Wolf's legislative liaison was present at the Council meeting tonight. She stated if it is raining for the July 1 Swearing-in Ceremony, the festivities will be moved inside Town Hall. She reminded all that t'he July, 4th parade will be at 10:00 a.m. with a ceremony at the courthouse at 11 :00 a.m. Town Council Minutes for June 27, 2006 Page 12 She thanked the Kiwanis Club for inviting her to speak at their meeting. The Mayor welcomed TuP Tim Thai Restaurant and Presidential Bank to the Town. She added that she will miss Councilmembers Kramer and Zoldos very much stating they have enlivened this Council and made sure all points of view are heard. N. Manager's Report John Wells reminded citizens the July 4th event begins with a parade at 10:00 a.m. and an 11: 30 ceremony at the ,Court House. The gates at Ida Lee will open at 6:00 p.m. with entertainment beginning at 7:00 p.m. with fireworks at 9:30 p.m. Admission to these events is free. He asked that letters be sent in support of Robert Sevila being reappointed to the Commonwealth Transportation Board. Mr. Wells reported the Gatehouse trailer has been removed from Edwards Landing. He stated Thomas Balch Library has received letters from Potomac Falls High School for support in a project they are working on. Mr. Wells stated that o'rt behalf of staff he would like to thank Council members Kramer and ZOl005 for their commitment and dedication and hard work and it has been a pleasure to work with them. Mayor Umstattd stated'Frank Buttery will be invested as a 20th District General District Court Judge on Friday, July 7 at 5:00 p.m. O. Adjournment , On a motion by Vice Mayor M,artinez, seconded by Councilmember Horne, the meeting adjourned at 10: 16 p.m. .~, ~\I~C\~ Kriste C. Umstattd, Mayor ' r---- Town of Leesburg ATTEST: 2006_tcmin0627