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HomeMy Public PortalAbout2006_07_11 COUNCIL MEETING July 11, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright 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 Planning, Zoning and Development Susan Swift, Interim Human Resources Director Nancy Fixx, Planner Scott Parker, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS A. Invocation by Vice Mayor Horne B. Salute to the Flag was led by Councilmember Wright C. Roll Call showing Councilmember Hammier absent. D. Minutes a. May 23, 2006 Regular Session On a motion by Vice Mayor Horne, seconded by Councilmember Burk, the minutes of the May 23, 2006 regular session were approved with minor edits by a 4-0-2-1 vote; Martinez and Reid abstained and Hammier absent. b. July 1, 2006 Organizational Meeting On a motion by Vice Mayor Horne, seconded by Council member Martinez, the minutes of the July 1, 2006 organizational meeting were approved with minor edits by a 6-0-1 vote; Hammier absent. E. Presentations a. Resolution of Respect - Captain Tomas Lloyd On a motion by Vice Mayor Horne, seconded by Councilmember Martinez the Resolution of Respect was presented to Mrs. Rosalind Lloyd. Resolution of Respect Captain Thomas "Tommy" C. Lloyd. WHEREAS, Thomas "Tommy" C. Lloyd., a long time Town of Leesburg and Loudoun County resident, suffered an untimely death on May 20th at the age of 71; and WHEREAS, Captain Lloyd was an avid sports enthusiast and played baseball for the Town of Middleburg and later the Town of Leesburg where he earned the nickname "Rabbit" for his speed; and Town Council Minutes for July 11. 2006 Page 2 WHEREAS, Captain Lloyd joined the Leesburg Police Department as it's 5th Police Officer on November 1, 1961 ; and WHEREAS, in the 1970's Captain Lloyd was promoted to the position of Lieutenant and second in command for the department; and WHEREAS, in 1986 Captain Lloyd was promoted to the position of Captain and became head of the Administrative and Technical Services Division; and WHEREAS, Captain Lloyd retired from the Leesburg Police Department on May 1, 1992 with 31 years of exemplary service to the Town and its residents. THEREFORE, RESOLVED the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to the Lloyd family and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be given to the Lloyd family. PASSED this 11th day of ~ 2006. b. Certificate of Appreciation - Robert Kelley On a motion by Vice Mayor Horne, seconded by Councilmember Martinez, the Certificate of Appreciation was presented to Robert Kelly in recognition of his service to the Town of Leesburg and the Engineering & Public Works Department from April 1987 to July 2006. c. Resolution of Recognition - 55th Wedding Anniversary - Jeanette and Daniel Carroll On motion by Councilmember Burk, seconded by Vice Mayor Horne, the Resolution of Recognition was presented to Jeanette and Daniel Carroll in recognition of their 55 years of marriage. Resolution of Recognition 55th Wedding Anniversary Daniel and Jeanette Carroll WHEREAS, Daniel and Jeanette Carroll were married on June 30, 1951 in New York Mills, New York; and WHEREAS, Mr. and Mrs. Carroll have been residents of Loudoun County for 20 years, three years in the Town of Leesburg; and WHEREAS, during their 55 years of marriage the Carroll family has expanded to include seven children and sixteen grandchildren; and WHEREAS, Mr. and Mrs. Carroll are very active in St. Johns Catholic Church in Leesburg; and WHEREAS, when asked how they managed to stay married so long, Mrs. Carroll replied "He still makes me laugh". Town Council Minutes for July 11. 2006 Paqe 3 THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in Virginia hereby recognize and congratulate Mr. and Mrs. Carroll on the occasion of their 55th wedding anniversary and ask that this Resolution of Recognition be spread upon the minutes of this meeting and that a copy be presented to the Carroll family. PASSED this 11th day of 1.Y.!y 2006. E. Petitioners The petitioner's comments opened at 7:42 p.m. Andre Fontaine, 11D Loudoun Street, presented a request to amend the Transportation Element of the Town Plan to eliminate the extension of the Greenway to Harrison Street. He outlined his plan to purchase the 52-acres adjacent to the Greenway, Routes 7 and 15 and the King Street Food Lion to develop as Class A office buildings. Further, he stated the proposed extension of the Greenway as in the transportation plan would conflict with this development and the neighboring condominium community. Mayor Umstattd stated a previous developer had to abandon a mixed-use plan for this site because of the right-of-way issue. She further stated Mr. Fontaine is right to point out that neither the Greenway nor the Virginia Department of Transportation (VDOT) has endorsed that Greenway extension. Further, she stated when VDOT eliminated the extension from its plan the Town did not object. It was the consensus of Council to discuss this request at their next work session. Mary St. Clair, 14 Philips Drive, she asked that Council address a Town Ordinance relating to dangerous dogs. She relayed a story where her five-year-old granddaughter was walking their dog when it was attacked by two other dogs. Further, she stated she was dismayed to learn that the Town had not adopted the State Code amendment allowing the animal warden to charge the owner of an aggressive dog for an attack on another dog or cat. Mayor Umstattd verified the Public Hearing for this Ordinance change will be set for August 8. Bill Replogle, Environmental Advisory Commission (EAC) Chairman, stated there has been a lot of change in the Town during his eight years on the Commission, which has contributed to many environmental issues. He stated initially the proposal to combine the EAC with the Tree Commission had merit; however, he believes now is not the time to dismantle the EAC, but to strengthen it. Further, he outlined the many contributions of the Commission and stated the Commission is only as strong as its mandate and its members. Mayor Umstattd thanked Mr. Replogle and the other Commission members for the wonderful job they have been doing. She stated Fauquier County was very complimentary of the chainsaw ad produced by the EAC. The petitioner's section closed at 8:08 p.m. G. Public Hearing Town Council Minutes for July 11. 2006 Paqe 4 a. Amending the Development Review and Inspection Fee Schedule Susan Swift provided an overview of the fee changes. She stated the last amendment was in July 2003 and staff would like to try to keep the fees up to date with incremental increases in cost. Further, she stated some of the proposed fees are new, some were increased and some were eliminated. Ms. Swift stated given the size and scope of the ads placed for the Town Plan, staff has built in a clause that any applicant seeking to amend the Town Plan will have to pay the cost for the newspaper ad. Further, she stated staff will come before Council at a later date to propose cost recovery for other types of ads. Vice Mayor Horne stated this is a good business model as it accurately reflects the draw on staff time and resources of the Town. Further, she supported recouping the cost of the newspaper ads. Councilmember Wright asked if the increase in fees was incorporated into the budget. Mr. Wells stated staff did not want to anticipate Council action, therefore the increase was not incorporated in the budget. Council member Reid asked if the recovery cost for the newspaper ads would apply to Board of Architectural Review related items. Ms. Swift stated staff will focus on cost recovery for larger ads such as Town Plan amendments, rezonings, etc. There were no speakers. The public hearing closed at 8: 15 pm. On a motion by Councilmember Martinez, seconded by Vice Mayor Horne, the following motion was proposed: ORDINANCE 2006-0-14 Amending the Development Review and Inspection Fee Schedule. Councilmember Reid proposed an amendment to include language directing staff to report to Council in six months with a concept for an expedited plan review process and/or a situation where somebody will pay more up front for well documented submissions so we don't have multiple cycles. He stated this would primarily be in the preliminary/final development plan area. Vice Mayor Horne stated that is worthy of discussion and consideration; however, it does not belong in this ordinance. Mayor Umstattd and Councilmember Martinez concurred with Vice Mayor Horne's comments. Town Council Minutes for July 11. 2006 Page 5 Mayor Umstattd suggested placing Council member Reid's request on a future agenda. Councilmember Wright stated the Town has been working on and implementing various process improvements. He stated this is an ongoing process and even without our direction staff plans to provide Council with a status report after six months. Further, he stated he would hope that members of the development community would also provide input on the revised process. Mayor Umstattd stated she is very supportive of this direction as it helps to relieve some of the burden on the tax payer and ensures that development pays for itself. Councilmember Reid asked if it would be appropriate to place a requirement in the ordinance for an annual or semi-annual review. He stated the fees have not increased since 2003 and we have a situation where this could get out of hand again if someone doesn't follow it. Further, he stated the development review should include discussions with the development community and small business owners. Ms. Beach expressed concern with this proposal as an ordinance is a law and if for some reason staff did not report back in a year that would be a violation of the Town's law. She stated a request can be made that it be done; however, to put it in the ordinance would put us in an uncomfortable situation. Mayor Umstattd stated we can bring up the issue of an annual or semi- annual review at the next work session. Councilmember Burk stated she hopes Council is not going down the road of micromanaging staff. Councilmember Reid stated he will vote against this as his Planning Commission representative did. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd Nay: Reid Vote: 5-1-1 (Hammier absent) Mr. Wells stated staff intends to update Council in six months on further process improvements, what we have seen to date and whether or not any adjustments are needed. He stated there are concerns that fees need to be tied to actual costs, so we will need to look at how that is working. Further, he stated as part of the budget process we will be looking at all fees charged in the Town. Mayor Umstattd recognized Councilmember Reid's family in the audience. Council member Reid introduced his wife, Dr. Lynn Reid and his children Jamie and Lara. Town Council Minutes for July 11. 2006 Page 6 H. I Legislation ORDINANCES None CONSENT AGENDA On a motion by Councilmember Martinez, seconded by Vice Mayor Horne, the following consent agenda was proposed: RESOLUTION 2006-130 Approving a supplemental appropriation of $500 resulting from a donation to the Community Outreach Program from Koger Management and the Heritage Square Homeowners Association. RESOLUTION 2006-131 Making a reduction of the performance guarantee and authorizing a time extension for public improvements installed in Lansdowne on the Potomac Watermain Extension. RESOLUTION 2006-132 Making a reduction of the performance guarantee for public improvements installed in the Tavistock Farms Multi-Family & Commercial Area. RESOLUTION 2006-133 Authorizing a time extension for completion of public improvements and approving a performance guarantee for Lansdowne on the Potomac Sections 42 & 43. RESOLUTION 2006-134 Authorizing a street resurfacing plan for FY 2007. The consent motion was approved as follows: Aye: Burk, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Hammier absent) REGULAR AGENDA The following item was deferred to the July 25 Council meeting. RESOLUTION Amending Resolution #2006-116 to appoint a Councilmanic Representative to the Planning Commission. On a motion by Councilmember Burk, seconded by Council member Reid, the following motion was proposed: RESOLUTION Making appointments to the Tree Commission - Bruce Dewar and Tim Bigler. This motion was deferred by the following vote: Town Council Minutes for July 11. 2006 Page 7 Aye: Burk, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Hammier absent) I. Boards and Commissions a. Airport Commission There were no comments. b. Thomas Balch Library Commission There were no comments. c. Board of Architectural Review Council member Reid reported Anita's Mexican Restaurant will be coming to Town and will be located in the former Tuck-In Cafe location. Further, he stated some of the BAR members will be attending a conference and thanked Council member Burk for giving up her spot at the conference to Bob Miller. d. Cable Television Advisory Commission There were no comments. e. Economic Development Commission There were no comments. f. Environmental Advisory Commission Councilmember Reid stated there is no desire by this Council to get rid of this Commission; however, it is incumbent on the Councilmembers who have not made appointments to do so. He suggested that the existing members of the Commission may help in finding interested citizens. g. Information Technology Commission There were no comments. h. Parks and Recreation Commission Councilmember Wright stated the Commission met on July 8 and discussed the successful 4th of July events, the Trails Task Force report and the Symington donation projects. i. Planning Commission Mayor Umstattd thanked the staff and Planning Commissioners who attended the Loudoun County Planning Commission meeting on Crosstrails. She stated her understanding is that a number of members of the Loudoun County Planning Commission were rude to our staff and Planning Commissioners. Further, she stated she is sorry the meeting went that way and thanked the staff and Commissioners for conducting themselves with the utmost professionalism. j. Tree Commission There were no comments. k. Standing Residential Traffic Committee Councilmember Reid stated at its last meeting the Committee voted to recommend a four-way stop in the Edwards Landing subdivision. Town Council Minutes for July 11. 2006 Paqe 8 J. Old Business None K. New Business a. Crosstrails On a motion by Councilmember Martinez, seconded by Councilmember Bu rk, the followi ng motion was proposed: MOTION Authorizing the Mayor to sign a letter prepared by staff in response to questions posed by the Loudoun County Planning Commission regarding the Crosstrail project. The Mayor read the letter to the public. Councilmember Burk stated this is a good letter that states exactly what we want to say with the strength that we want to say it. She stated the only change she would make would be to the portions of the letter where words are capitalized for emphasis, but not bolded. Vice Mayor Horne stated she has found some grammatical errors that she will mention to the Town Manager. She asked if the Planning Commission will appoint a Chairman before the Loudoun County Planning Commission meeting on Monday. Mayor Umstattd stated the Planning Commission will not meet this week; however, Ted Kalriess is acting Chairman. Vice Mayor Horne recommended that the letter be signed by Mr. Kalriess and the Mayor. She asked how the letter will be delivered. Scott Parker stated the County Planning Commission's packet will be going out on Thursday afternoon and it is his intent to have this letter included in that packet. Vice Mayor Horne stated her belief that there should be a person at the meeting to deliver the letter; however it should not be a Council member. She asked Councilmember Wright for his opinion as the former Chairman of the Planning Commission. Councilmember Martinez stated he has some grammatical changes to the letter. He recommended a change to the second paragraph on the third page to add the words "and mitigated by the applicant". This amendment was accepted by Councilmember Burk. Councilmember Martinez asked if it would be appropriate to put any language in there regarding Council's desire to seek legal remedies if the plan is put forward. He asked the Town Attorney if that would be appropriate. Ms. Beach stated she would be happy to advise Council on this issue; however, it should be done after the issue leaves the Loudoun County Town Council Minutes for July 11. 2006 Paqe 9 Planning Commission as they do not bind the Loudoun County Board of Supervisors. Councilmember Wright recommended editing the sentence in the first paragraph stating "...requesting that a member of the Town Council be present." since the Chairman of the Loudoun County Planning Commission stated that a letter from the Council would be sufficient. He recommended editing the sentence to say, "It was requested that the Leesburg Town Council provide answers to the following questions." Councilmember Wright questioned how helpful it would be to have a member of Council in attendance and stated a Planning Commissioner should attend the meeting. He stated it would be most appropriate for the Town Manager to attend as he has knowledge of the policies in the event that staff or a Planning Commissioner is unable to answer a question. Council member Wright recommended reordering the bullets on page two to put transportation on top followed by residential and utilities. He stated he would like a statement added to the transportation portion of the letter to state "approval in its current form will create gridlock in the southeast sector of Town." Councilmember Wright recommended reordering the paragraphs so the transportation paragraph is first and adding language to the paragraph to highlight some of the incorrect assumptions. He stated he would like to add language stating, "The only way out of this project without paying a toll is on a Leesburg road." Further, he asked that Council communicate what they want to see in the proffers. Councilmember Wright further recommended that the response to question number three begin with a quick summary stating when the Town will have utility capacity to serve this project. Councilmember Wright complimented staff on putting this letter together. There was Council discussion regarding the various amendments proposed by Councilmember Wright. All of the amendments were accepted. Councilmember Reid stated the letter reflects what was discussed last night. Mr. Wells state the last sentence of the first full paragraph on page two should be amended to state, "... as well as the joint planning requirement established in paragraph 16 of the annexation agreement." The motion was approved by the following vote: Aye: Burk, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Hammier absent) Vice Mayor Horne asked for clarification on whether the Planning Commission will co-sign the letter. Town Council Minutes for July 11. 2006 Page 10 Mayor Umstattd stated we could offer that to them; however, they will not meeting again before Monday to vote. Councilmember Martinez stated if we are going to have co-signers, then we should ask that the Chairman of the Airport Commission also sign the letter. Council member Reid asked if the developer's traffic study or our own traffic information should be attached to the letter. Mayor Umstattd stated since the Loudoun County Planning Commission already has that information we may just want to direct their attention to it. Councilmember Wright cautioned against having Commissioners sign the letter as the Loudoun County Planning Commission requested a response from Council. He stated our Planning Commission and Airport Commission will be attending the meeting. b. Northern Virginia Regional Park Authority public hearing on Battlefield Parkway Tom Mason stated the meeting on July 20 is a regular meeting of the Northern Virginia Regional Park Authority, not a public hearing. He stated there is an item on their agenda requested by the Virginia Department of Transportation (VDOT) regarding their desire to build a portion of Battlefield Parkway over the W&OD Trail. Further, he outlined the two agenda items. Mayor Umstattd asked if it would be helpful to send a letter in support of VDOT's position. Mr. Mason suggested that a letter be sent with the Mayor's signature and a call placed to Leesburg's two representatives to let them know this item is on the agenda. Further, he stated Calvin Grow can attend the meeting to present the letter and answer any questions. On a motion by Vice Mayor Horne, seconded by Councilmember Reid, the following motion was proposed: MOTION Authorizing the Mayor to send a letter to the Northern Virginia Regional Park Authority stating the Town's desire to expedite the construction of Battlefield Parkway. Council member Wright thanked Councilmember Reid for bringing this item to Council's attention. The motion was approved by the following vote: Aye: Burk, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Hammier absent) Town Council Minutes for July 11. 2006 Page 11 L. Council Comments Councilmember Burk welcomed the new Councilmembers. She complimented the Parks and Recreation staff on the 4th of July festivities stating she received many positive comments. Councilmember Burk thanked Ms. St. Clair for her comments regarding dangerous dogs. She stated before leaving for tonight's meeting she saw a news report regarding a survey that was done of the creeks in Virginia. She stated the findings showed that three-fourths of the creeks are polluted and over three-fourths of the lakes are polluted. Further, she complimented the Engineering and Public Works Department for their quick response to a call she placed last week. Vice Mayor Horne complimented the Engineering and Public Works staff for suspending work near the Thomas Birkby House after a receiving a request from an individual holding a retreat in the building to stop work due to the noise. She commended the Planning staff, Mr. Wells and Ms. Beach for their efforts in drafting the letter to the Loudoun County Planning Commission. Vice Mayor Horne congratulated former Councilmember Frank Buttery who was invested as a judge of the 20th District and expressed her regret in missing the ceremony due to a family commitment. She stated she is looking for an Environmental Advisory Commission appointee and asked any interested citizens to contact her. Vice Mayor Horne congratulated Leesburg residents Katie Batchelder and Jeff Burkhammer on their recent marriage. Further, she offered her appreciation to her colleagues for their vote of confidence in electing her as Vice Mayor. Councilmember Martinez congratulated Vice Mayor Horne on her appointment as Vice Mayor. He commented on the successful 4th of July Parade stating it was really fun to walk with the R.O.C.K. Kids. Further, he thanked Mayor Umstattd and Councilmembers Reid and Wright for walking in the parade with him. Councilmember Martinez stated the Greater Loudoun Babe Ruth District Tournaments are starting this weekend and asked if a kiosk could be set up at the fields with tourism information for the participating families. Further, he stated there will be a regional tournament coming in a couple of weeks. He complimented staff for their work in cleaning up after the parade saying he was really impressed with their response. He stated one of the reasons our Town is so great is that our employees are so great. Town Council Minutes for July 11. 2006 Paqe 12 Councilmember Martinez thanked Council for the Organizational Meeting held on July 1. He congratulated Frank Buttery and expressed his regret in not being able to attend the ceremony. Further, he stated some commissions, such as the EAC, have had trouble with meeting attendance; however, the members who do attend are very passionate about what they do. He stated his support for keeping the commissions separate. Further, he stated it is good to look at the possibility of consolidating commissions from time to time; however, it should be done in a proactive way and in the context of discussions with the boards and commissions. Councilmember Wriqht thanked members of Council and staff for making him feel so welcome and for the bus tour last week. He complimented staff on their efforts associated with the swearing-in ceremony, the 4th of July Parade and the fireworks display. Councilmember Wright complimented staff, Airport Commission Vice Chairman Dennis Boykin and Planning Commissioner Earl Hoovler for their efforts associated with the recent Crosstrail Meeting held by the Loudoun County Planning Commission. He thanked Scott Parker for his work on this issue stating he has only been with the Town for a short time. Further, he stated he has a vacancy on the Environmental Advisory Commission and asked that staff place an ad in the newspaper. Councilmember Reid thanked everyone for their support stating he appreciates the opportunity. He stated he will be bringing some transportation items forward for Council's consideration at the next Council Meeting. Councilmember Reid stated he was honored to be invited to attend Frank Buttery's investiture ceremony. Further, he stated he looks forward to working with everyone and thanked Councilmember Martinez's son-in-law for taking pictures at the 4th of July Parade. M. Mayor's Comments Mayor Umstattd welcomed Councilmembers Reid and Wright. She congratulated Vice Mayor Susan Horne on her appointment as Vice Mayor and thanked Councilmember Martinez for his service as Vice Mayor over the last two years. Mayor Umstattd stated she and John Wells met with the Leesburg Theatre Company this morning and she is referring them to Councilmember Burk as the Council Liaison to the Commission on Public Art. She thanked Councilmembers Martinez, Reid and Wright for being at the 4th of July Parade saying it was a very good showing. Town Council Minutes for Julv 11. 2006 Page 13 Mayor Umstattd stated Tim Jon did a very good job as George Washington. She stated Mr. Jon had left his speech on the bus and thanked Martha Robin, Kate Trask and Chief Joe Price for their efforts to retrieve it. She thanked Martha and Steve Robin, Mary Hope Worley and Lyle Werner for their efforts in organizing the 4th of July celebration and parade. Mayor Umstattd congratulated Frank Buttery on his investiture stating Councilmembers Burk and Reid were also in attendance. She stated the Buttery's are an example of a family where in a world where so many bad things happen to good people something nice has happened for this family that has more than deserved it for a long time. Further, she stated Mr. Buttery will make a fine judge. She stated the citizens who organized the 4th of July Parade were very complimentary of staff and how quickly the streets were cleaned up after the festivities. Mayor Umstattd stated a resident found a family of baby birds living in one of our hanging baskets and one of the birds fell out. She stated the resident called the Town and asked if we could send out a truck to get the bird back in the basket. Further, she thanked Ricky Cooper of the Engineering and Public Works Department for responding quickly and returning the bird safely to its nest. Further, she stated she needs an appointee for the Board of Architectural Review and the Environmental Advisory Commission and asked that an ad be placed in the newspaper. N. Manager's Report John Wells welcomed Council members Reid and Wright on behalf of all the staff and stated he is looking forward to working with them. He expressed his appreciation for Council's recognition of the staff efforts involved in the 4th of July festivities. He stated Parks and Recreation, Police and Engineering and Public Works employees all come together to work very hard on these events. Further, he stated the Historic District Residents Homeowners Association and the Citizens Support Team also provided assistance. Mr. Wells stated Ms. Beach is working with Ms. Liz Whiting and Ms. Maureen Gilmore on putting together an informative session on the Freedom of Information Act, the Conflict of Interest Act and parliamentary procedure to be held on July 26 in the Lower Level of Ida Lee Recreation Center. He stated the Signatures of Loudoun Awards Program will be held July 18 in the Loudoun County Board of Supervisors Meeting Room. He stated Thomas Balch Library will be honored in the Makeover Category. Further, he thanked Councilmember Wright for recognizing the hard work of Scott Parker stating he was the principal author of the Crosstrail letter. O. Adjournment On a motion by Councilmember Martinez, seconded by Vice Mayor Horne, the meeting adjourned at 9:29 p.m. Town Council Minutes for July 11. 2006 Page 14 ~t~ Town of Leesbu rg ATTEST: a~