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Home My Public Portal About2006_11_14 COUNCIL MEETING November 14, 2006 Council Chambers, 25 West Market Street, 6:30 p.m. Mayor Umstattd presiding. Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: None Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Director of Planning, Zoning and Development Susan Swift, Airport Director Tim Deike, 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 Cub Scout Den 2 C. Roll Call D. Minutes a. Work session minutes of September 11, 2006 On a motion by Council Member Martinez, seconded by Council Member Hammier, the minutes of September 11, 2006 were approved by a 7-0 vote with minor edits. E. Presentations a. Proclamation - America Recycles Day On a motion by Council Member Martinez, seconded by Council Member Wright, the following proclamation was approved by a 7-0 vote and presented to Vice Mayor Horne and Council Member Burk: PROCLAMATION AMERICA RECYCLES DA Y NOVEMBER 15, 2006 WHEREAS, recycling helps protect our resources, our environment, our quality of life; and WHEREAS, America Recycles Day (ARD) is a national all-volunteer, non-profit organization established in 1997; and WHEREAS, since its inception America Recycles Day has continued to expand and was celebrated nationwide in 2005; and Town Council Meeting minutes of November 14. 2006 Page 2 WHEREAS, the mission of America Recycles Day is to hold an annual national awareness event to promote the social, environmental, and economic benefits of buying recycled and recycling; and WHEREAS, the Town of Leesburg has continued to expand its recycling efforts in many ways including weekly curbside pick-up of recyclables from all curbside residences and businesses as well as the placement of recycling drop-off centers within the Town. WHEREAS, America Recycles Day will be celebrated locally by our Mayor, Town Council and Environmental Advisory Commission with a press conference on November 15 at the Food Lion parking lot on South King Street. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim November 15 "America Recycles Day" in the Town of Leesburg and encourage the citizens to participate in local recycling efforts and to recognize recycling as a small step we can call take to preserve our precious planet for future generations. PROCLAIMED this 14th day of November 2006. b. Economic Development Commission - Doing Business Guide This presentation was postponed to the next Council meeting. F. Petitioners The petitioner's section opened at 6:36 p.m. Hub Turner, 1107 Bradfield Drive, addressed Council with concerns regarding the proposed Charter Bill amendments. He stated the Town should not seek city status as we could not afford to take over the schools and courts at this time. Further, he asked if another public hearing will be held to discuss the charter amendments. Mayor Umstattd stated Council is considering removing the form based zoning portion of the proposed Charter Bill. Ms. Beach stated Mr. Turner has provided an analysis of the entire charter and a letter on the four specific issues. She stated the letter provided on the whole charter would be helpful to Council if they do form a group to review the charter. The petitioner's section closed at 6:41 p.m. G. New Business a. Crosstrail Follow-up On a motion by Council Member Martinez, seconded by Council Member Hammier, the following motion was proposed: Motion Authorizing the Mayor to sign a letter to the Loudoun County Board of Supervisors regarding Crosstrail application, ZMAP 2005-0011. Town Council Meeting minutes of November 14. 2006 Paoe 3 Council Member Reid stated in a previous memo the transportation impact was estimated at $76 million; however, staff is now indicating the amount at $21 million. He asked if the $21 million is the differential between the proffer amount proposed by the applicant and the $76 million needed. Scott Parker stated staff arrived $21,606 figure by reviewing the application with our proffer guidelines. He stated when staff included the various road improvements the figure rose to $76 million. Council Member Reid stated the Loudoun County Planning Commission has already negotiated a $3 million proffer for the four-lane section of Battlefield Parkway from Rt. 621 to the Dulles Greenway. Mr. Parker stated none of the developer proffers are finalized yet. He stated this is our number one priority and we want to be sure that it is included in the final proffers. Council Member Reid asked Council to include the north bound ramp from the property to the Dulles Greenway in the proffers. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd Reid 6-1 Nay: Vote: H. Public Hearing Mayor Umstattd closed the public hearing on the Charter Bill from the last Council meeting at 6:42 p.m. a. Amending Section 11-56 of the Town Code Loitering Ordinance The public hearing opened at 6:42 p.m. Chief Price stated a recent analysis by the Commonwealth Attorney's Office determined some constitutionality problems within the existing code. He stated the Town Attorney and staff have prepared amendments to the ordinance to address these concerns. Further, additional language has been added to address drug transactions. Council Member Hammier asked how this would impact the problems Ms. McKinney has been experiencing at Market Street Coffee. Chief Price stated if it is property that she legally controls she can ask the individuals to leave. If the individuals refuse to leave there are several violations that may be appropriate. He stated each instance would have to be addressed on a case-by-case basis. There were no speakers. The public hearing closed at 6:49 p.m. On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: Town Council Meetino minutes of November 14. 2006 Page 4 2006-0-67 ORDINANCE To amend and reordain Section 11-56 (Loitering; Refusal To Identify Self Upon Request Of Police) of Article II (Loitering; Riots And Unlawful Assemblies) of Chapter 11 (Offenses-Miscellaneous) of the Code of the Town of Leesburg, Virginia, 1976, as amended. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd None 7-0 Nay: Vote: I. Legislation I ORDINANCES None CONSENT AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following motion was proposed: 2006-183 RESOLUTION Supplemental Appropriation for Leesburg Executive Airport. 2006-184 RESOLUTION Accepting public improvements, releasing the performance guarantees and approving maintenance guarantees for public improvements at Stratford Landbay E. 2006-185 RESOLUTION Accepting public improvements, releasing the performance guarantees and approving maintenance guarantees for public improvements at Beauregard Phase 5. 2006-186 RESOLUTION Authorizing an agreement and approving a performance guarantee for the Western Loudoun Medical Center medical office building. 2006-187 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Fort Evans Plaza II. 2006-188 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Fort Evans Road Improvements and Fort Evans Plaza II. 2006-189 Town Council Meetino minutes of November 14. 2006 Page 5 RESOLUTION Authorizing an agreement and approving a performance guarantee for B&M Motorcars. 2006-190 RESOLUTION Authorizing the Town of Leesburg to participate in the Chesapeake Bay Program's Riparian Forest Buffer Directive No. 03-01. 2006-191 RESOLUTION Approving a boundary line adjustment for Veteran's Park. 2006-192 RESOLUTION Appointing the Northern Virginia Regional Commission (NVRC) as the lead agency for the Town of Leesburg to develop a regional water supply plan for Northern Virginia and authorizing the Town Manager to sign a Memorandum of Agreement on behalf of the Town Council. 2006-193 RESOLUTION Authorizing the Town of Leesburg to participate in the development of a regional water supply plan and directing the Town Manager to notify the Department of Environmental Quality that the Town will be adhering to 9 VAC 25-780-10 through its participation in a regional plan. 2006-194 RESOLUTION Making an appointment to the Cable Television Advisory Commission - Oliver Peters. 2006-195 RESOLUTION Making an appointment to the Environmental Advisory Commission - Linda Shotton. The consent motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA The following motion was deferred to the November 28 Council Meeting: MOTION To approve the following proposed amendments to the Leesburg Town Charter as advertised and presented during the October 24, 2006 public hearing: . Powers relating to housing and community development; . Powers relating to code of technical regulation; . Powers relating to development agreements; . Powers relating to Architectural Control Districts Authority of the Town Council to regulate Design standards and alteration of boundaries of districts alterations of boundaries of districts Town Council Meeting minutes of November 14, 2006 Page 6 On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following motion was proposed: 2006-196 RESOLUTION Adopting a Legislative Packet for 2007. Council Member Wright proposed a friendly amendment to amend Section 24 regarding the appointee to the Commonwealth Transportation Board as discussed at the work session. The friendly amendment was accepted by Council Member Martinez and Vice Mayor Horne. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 J. 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. Commission on Public Art No comment f. Economic Development Commission No comment g. Environmental Advisory Commission No comment h. Information Technology Commission No comment i. Parks and Recreation Commission No comment j. Planning Commission No comment k. Tree Commission No comment Town Council Meeting minutes of November 14, 2006 Page 7 I. Standing Residential Traffic Committee No comment K. Old Business None L. Council Comments Council Member Reid disclosed meetings with Centex Homes, Aurora School, and Hobie Mitchell. Council Member Wrioht disclosed meetings with Centex Homes, Bob Sevila regarding the O'Connor tract, and the Aurora School. Council Member Hammier disclosed a meeting with Aurora School and stated she wi II be meeti ng with Centex Homes on Monday at 8: 30 a. m. Council Member Martinez disclosed meetings with the applicants for the Cornwall Medical Building, Jeff Saxe of Peterson Properties, Mike Banzhaf regarding the KSI Village at Leesburg proffers, Aurora School, and Centex Homes. Vice Mayor Horne had no comments. Council Member Burk had no comments. M. Mayor's Comments Mayor Umstattd had no comments. N. Manager's Comments The Town Manager had no comments. o. Adjournment On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting was adjourned at 6:59 p.m. by a 6-1 vote with Reid opposed. C. mstattd, Mayor Town of Leesburg ATTEST: 2006_tcmin 1114