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HomeMy Public PortalAbout2007_09_11 COUNCIL MEETING September 11, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: Council Member Martinez arriving at 8:01 p.m. Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole Ard, Town Attorney Barbara Beach, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Sgt. John Smith, Master Police Officer Mark McCartney, Master Police Officer Bruce W. Wolff, Director of Economic Development Betsy Fields, Director of Planning, Zoning and Development Susan Swift, Senior Transportation Engineer Calvin Grow, Zoning Administrator Brian Boucher, Deputy Zoning Administrator Kevin Lawlor, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Vice Mayor Horne B. Salute to the Flag was led by Council Member Reid, second Salute led by Colonel Jay Greeley C. Roll Call Mayor Umstattd and Col. Greeley arrived at 7:45 p.m. Council Member Martinez arrived at 8:01 p.m. D. Minutes a. Work Session Minutes of May 21, 2007 On a motion by Council Member Burk, seconded by Council Member Wright, the minutes of the May 21, 2007 work session were approved by a 6- 0-1 (Martinez absent) vote. E. Presentations a. Certificate of Appreciation - Sgt. John Smith A Certificate of Appreciation was presented to Sgt. John Smith for his extraordinary efforts and dedication to the law enforcement community and to the Town of Leesburg and its citizens from August 1984 to August 2007. b. Certificate of Appreciation - Jim Chandler A Certificate of Appreciation was presented to Jim Chandler, Senior Transportation Planner for his extraordinary efforts and service to the Town of Leesburg and its citizens from March 2006 to August 2007. c. Proclamation - Hispanic Heritage Month On a motion by Vice Mayor Horne, seconded by Council Member Reid, the following proclamation was presented to Laura Valle. PRO CLA MA TION HISPANIC HERITAGE MONTH SEPTEMBER 1.5 - OCTOBER 1.5, 2007 Town Council Meeting of September 11. 2007 Page 2 WHEREAS, September 15 through October 15 is designated by the Federal government as a time to recognize the achievements and contributions of Hispanics in this country; and WHEREAS, the significant achievements of the Hispanic community have and continue to shape our nation's history; and WHEREAS, local cultural institutions are sponsoring various events celebrating Hispanic heritage and culture through October; and WHEREAS, Leesburg's Hispanic community continues to make significant cultural and economic contributions to our Town; and THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim September 15 - October 15, 2007 as Hispanic Heritage Month and encourage all residents to join in recognizing and preserving the contributions made by Hispanic Americans. PROCLAIMED this 11th day of September 2007. d. Proclamation - Constitution Week On a motion by Vice Mayor Horne, seconded by Council Member Reid, the following Proclamation was presented to Pat Miller. PROCLAMA TION CONSTITUTION WEEK September 17 - 23, 2007 WHEREAS, September 17, 2007, marks the two hundred twentieth anniversary of the drafting of the Constitution of the United States of America by the Continental Convention; and WHEREAS, it is the privilege and duty of the American people to commemorate this anniversary of the drafting of the Constitution with appropriate ceremonies and activities; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaims the week of September 17 through 23 as Constitution Week and ask our citizens to reflect on the privilege of being an American with all the rights and responsibilities with that privilege involves. PROCLAIMED this 11th day of September 2007. e. Certificates of Appreciation - Tom Tellez, Anita's Mexican Kitchen and Red Hot and Blue of Leesburg. On a motion by Vice Mayor Horne, seconded by Council Member Reid, Certificates of Appreciation were presented to Tom Tellez of Anita's Mexican Kitchen and Red Hot and Blue of Leesburg for their extraordinary efforts and Town Council Meeting of September 11. 2007 Page 3 generosity in supplying food for the 550 participants of the 11th Annual Leesburg Police Poker Run to benefit Special Olympics of Virginia. f. Plaque Presentation - 11th Annual Leesburg Police Motorcycle Poker Run to benefit Virginia Special Olympics. A Plaque was presented to Poker Run participants Tom Tellez, Red Hot & Blue of Leesburg, J. B. Anderson, Delcie McCartney, Donna Wolff, Leesburg Police Department, and Leesburg Support Team for their efforts in regards to the 11th Annual Leesburg Police Poker Run. g. Leesburg Police Outstanding Service Award On a motion by Vice Mayor Horne, seconded by Council Member Reid, the Leesburg Police Outstanding Service Awards were presented to Master Police Officer Mark B. McCartney and Master Police Officer Bruce W. Wolff for achieving outstanding community service. Officer Wolff thanked the community for their assistance and generosity to Special Olympics. Colonel Jay Greeley presented the Mayor with a Freedom Coin in recognition of her support of the U.S. Armed Services. Bid Openings a. Bid No. 600710-FY08-01 for the Lease of Tenant Area #la of 825 square feet. Prospective Leasee - Shared Flight Aviation, LLC, an Aviation Management Company, 1001 Sycolin Road, Suite 6, Leesburg, VA 20175. There were no other bids from the floor. Bidding was closed for this lease. b. Bid No. 600710-FY-08-02 for the Lease of Tenant Area #2 which is a classroom consisting of 376 square feet. Prospective Leasee - Shared Flight Aviation, LLC, an Aviation Management Company, 1001 Sycolin Road, Suite 6, Leesburg, VA 20175. There were no other bids from the floor. Bidding was closed for this lease. Bids were given to the Town Attorney, Barbara Beach, for review. F. Petitioners - The petitioner's section opened at 8:06 p.m. Bita Biberaj, one of the co-sponsors of a class to provide information and training to court personnel with regards to the foster care program, asked for a donation from the Town to offset the $750 charge to use the meeting room at Ida Lee for the training. She stated school personnel and prospective foster care parents may participate in the training. Ms. Biberaj stated the cost to participant is $20, which covers food. She stated that they did not want to add any additional financial burden to participants. Council Member Burk clarified that the maximum fee charged participants would be $20 regardless of the Council's decision. Mayor Umstattd stated that this request will be added to the agenda for September 24 work session for discussion and the September 25 agenda. Town Council Meeting of September 11. 2007 Page 4 Mark Gunderman, 1600 N. Argonne Avenue, Sterling, VA, representing the Good Shepherd Alliance homeless shelter, addressed Council regarding the Third Annual Walk for Shelter. He stated the Walk would commence at 9:30 a.m. on Saturday, September 22, 2007. He expressed appreciation to the Leesburg Town Council, the Leesburg Police Department and the Leesburg Parks and Recreation Department. He asked that anyone wanting more information go to www.loudounhomeless.org. Earl Hower, 111 Plaza Street, N.E., reminded everyone about the Homeowner's Association Tree Fair Summit on September 18 at 7 p.m. at Ida Lee Recreation Center Lower Level. He invited the Council and the community to attend. Council Member Reid thanked Mr. Hower and stated that this is a very important meeting. He added that it is not just for the HOAs, but would be a great dialog for all town residents. The Petitioner's section closed at 8: 19 p.m. G. Public Hearing a. Amending the Town Code to add Section 1-18 (Town Seal and Logo) The public hearing opened at 8:20 p.m. Betsy Fields explained the proposed section of Code. Council Member Martinez questioned what recourse the Town would have if someone used the seal or logo without permission. Town Attorney Barbara Beach stated that it would be a violation of the Town Code and could be taken to court as any violation of the Code. Council Member Hammier verified that the Seal and the Logo had been trademarked. Ms. Beach stated the Logo has been trademarked in the State of Virginia. Ms. Fields stated the Logo is in the trademark process at the Federal level. Council Member Wright questioned the licensing fee, whether it would be assessed for any use. Ms. Fields answered by stating that the fee is charged when the Logo is used for sale for profit. Council Member Hammier asked if all requests to license would be brought before the Council. Ms. Beach stated that it was her understanding that Council wanted the Town Manager to handle these requests ad m i nistratively. Sandy Kane, Kenneth Place, expressed concern that the public could change the colors of the Logo and Seal. Ms. Beach stated the allowable colors are indicated on page 4 of the code amendment. Thomas Dunn. 112 Stone Court, had questions regarding whether the Town should license a Seal or Logo that isn't fully trademarked. He questioned what types of marketing materials would be acceptable. Ms. Beach stated the Logo had been trademarked through the state and she had no reason to believe they would not be protected at the Federal level. She Town Council Meeting of September 11. 2007 Page 5 stated the State trademark covered all classes of publication. Ms. Fields stated the current federal application covers printed materials. She stated once the current trademark application is approved, they can go back and expand the covered materials. Mr. Dunn expressed that this is one more useless regulation. Council Member Reid questioned the length of time required to get this process completed. Ms. Fields outlined the trademark process. Vice Mayor Horne stated that it is good to trademark the Logo to keep unauthorized persons or groups from using the official identification of the Town for possible personal gain. Mr. Dunn stated that nothing precluded anyone from using the Logo prior to the trademark. Ms. Beach stated allowing the public to use the Logo without trademark would make it harder to trademark in the future. Mr. Dunn expressed that he had paid taxes that enabled the Logo to be created and he should not have to pay extra to use the Logo. Council Member Wright questioned allowing the use of the Logo on products prior to licensing protection at the Federal level. Ms. Beach clarified if someone from out of state wanted to use the Logo on products, it might be difficult to protect it; however, it is protected at the State level. The public hearing was closed at 8:50 p.m. On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following Ordinance was proposed: 2007-0-17 ORDINANCE Amending and reordaining Chapter 1 (GENERAL PROVISIONS) of the Code of the Town of Leesburg, Virginia, 1976, as amended by adding a new Section 1-18 (TOWN SEAL AND LOGO) Council Member Wright stated he could not support this legislation as he felt it would create an additional level of administration. Council Member Reid concurred with Council Member Wright adding he was surprised that the process took so long thus far. Council Member Hammier stated she was pleased this is part of a concerted marketing proposal and supported the legislation. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez and Mayor Umstattd Nay: Reid and Wright Vote: 5-2 b. Cornwall Street Permit Parking from Memorial Drive to Liberty Street Town Council Meeting of September 11, 2007 Page 6 The public hearing opened at 8:52 p.m. Calvin Grow, outlined the application. He stated the Town had received a petition from the Cornwall Street residents asking that Cornwall Street become a permit parking zone. Council Member Burk questioned why the residents wanted permit parking. Mr. Grow stated that the residents are concerned with sight distance and with the imminent opening of the new Cornwall Medical Center campus. Council Member Reid stated it was his understanding that as a Council they could issue a residential parking zone without changing the ordinance. Liz Whiting, Chairman, Leesburg Standing Residential Traffic Committee, stated this is a difficult issue because there is no elegant solution. She stated that Cornwall Street is exceptionally narrow and impacted by traffic to and from the hospital site. Ed Kiley, 208 Cornwall Street, N.W., distributed a photograph of Cornwall Street. Mr. Kiley stated 100% of the occupied residences on this particular section of Cornwall Street had signed the petition. He stated there cannot be two-way traffic on Cornwall if there is not residential permit parking. Mayor Umstattd asked how quickly residential parking could be implemented. Mr. Wells stated the ordinance would need to be changed because certain criteria have not been met. After discussion, it was decided that the advertising process for ordinance change would be initiated. The public hearing was closed at 9:22 p.m. c. Zoning Ordinance Text Amendments TLOA-2007-0003 to implement certain objective of the 2005 Town Plan and to update various sections. The public hearing was opened at 9:23 p.m. Brian Boucher outlined the proposed amendments and the rationale behind their proposal. He stated many of these changes will streamline the process and remove unnecessary levels of review or improve the clarity and usability of the existing regulations. Council Member Burk clarified landscaping companies cannot operate as home occupations. Mr. Boucher stated this amendment seeks to allow only one-person landscaping entities as home based businesses. Town Council Meeting of September 11. 2007 Page 7 Vice Mayor Horne asked for clarification that townhouse owners can have home based child care businesses. Mr. Boucher confirmed that townhouse owners can have five children, not their own, in their home based child care business. Vice Mayor Horne also asked for clarification that the requirement for eight stacking spaces for financial drive through windows had been stricken. Mr. Boucher confirmed it had been deleted. Council Member Hammier questioned whether financial drive through windows would be consistent with the form-based code. She asked whether this is the time and place to be looking at language with regards to placement. Ms. Swift answered this could apply to any kind of drive through, but they will look specifically at placement of drive through windows when they work on the form-based code. Council Member Hammier asked for clarification of the excessive occupancy issue. Mr. Boucher stated that excessive occupancy would be a civil violation based on use, which would conform with other local jurisdictions. Council Member Wright questioned whether there are ways to keep large commercial vehicles from being parked on the street other than through this zoning ordinance amendment. Kevin Lawlor stated that this definition would give clarity to the ordinance and make it easier to enforce. Council Member Reid asked for information about expiration of special exceptions and BAR approvals and about the form-based code. Ms. Swift stated form-based code will cover the B-2 district and the East Market Street section of the H-2 within the bypass. Council Member Reid expressed his concern about the BAR's handling of the H-2. He stated his preference for form-based code covering the entire H-2 and extending expirations for BAR approvals to three years. No petitioners were present for this public hearing. The public hearing was closed at 9:50 p.m. A motion was made by Vice Mayor Horne, seconded by Council Member Burk, to bring this ordinance to the next Council meeting for vote. Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Town Council Meeting of September 11. 2007 Page 8 H. Legislation ORDINANCES None CONSENT AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following consent agenda was proposed: 2007-125 RESOLUTION Authorizing time extension for completion of public improvements and approving performance guarantees for Potomac Station Phase 3, Section 10; and Section 10 public improvements. 2007-126 RESOLUTION Authorizing an agreement, approving a performance guarantee and a water extension permit for the Summit Community Bank. 2007-127 RESOLUTION Approving a supplemental appropriation of $15,308.50 resulting from funds not expended for the Community Development Block Grant in the previous fiscal year. Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None REGULAR AGENDA On a motion by Council Member Martinez, seconded by Council Member Hammier, the following resolution was proposed: 2007-128 RESOLUTION Making an appointment to the Environmental Advisory Commission - Dr. Mary Haberl The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 I. BOARDS AND COMMISSIONS a. Airport Commission Vice Mayor Horne stated the Airport Commission is hosting an open house November 2 and 3. She stated that it is an opportunity for students to learn about careers in aviation. She added the Airport Commission will be presenting their report on the financial condition of the airport at a meeting on the 24th. b. Thomas Balch Library No report Town Council Meeting of September 11. 2007 Paqe 9 c. Board of Architectural Review No report d. Cable Television Advisory Commission No report e. Commission on Public Art No report f. Economic Development Commission No report g. Environmental Advisory Commission No report i. Parks and Recreation Commission Council Member Wright reported Rob Fulcer was elected Chairman and Betsy Mayr was elected as Vice Chair. j. Planning Commission No report k. Tree Commission No report I. Standing Residential Traffic Committee No report J. NEW BUSINESS Vice Mayor Horne stated she would like acceptance of the Report of the Performing Arts Task Force added to the agenda for the next meeting. C Council Member Martinez requested when the report is presented to the County that it be noted that the focus should be in Leesburg. Council Member Burk commented the Council had agreed to fund a feasibility study. Sandy Kane stated the biggest concern of the Task Force is that outside stakeholders may not want to keep the focus on Leesburg. Council Member Reid asked for an update at a future council meeting on the DCSM and a discussion of why the form-based zoning was not being extended throughout the H-2. He asked Council consider having a retreat with the BAR, similar to that held with the EAC. Council Member Wright stated he would like to look at eliminating the assigned spaces in the parking garage. He stated he would like to see a staff report on the timing of the photo red light implementation. Town Council Meeting of September 1 1. 2007 Page 10 K. COUNCIL COMMENTS Council Member Reid stated he met with Landmark Realty to discuss the Auto Park. He announced Evergreen Meadows was the first community in Leesburg to qualify for a Neighborhood Watch and he commended them for their efforts. He stated he enjoyed the 9-11 ceremony and stated that it proved that Leesburg had not forgotten about 9-11. He added we are still in a war on terrorism and reminded everyone that the attackers were all in this country illegally. Further, he discussed ideas about how the Council can have an impact on illegal immigration. Council Member Wright complimented the Mayor and Staff for the 9-11 ceremony. He added registration on the Do Not Call list may be expiring and provided information regarding re-registering. Council Member Hammier stated you can include your cell number on the Do Not Call list. She thanked everyone involved with the 9-11 ceremony. She disclosed meetings with Cooley Goodard, Waterford Development, Gordon MacDowell, and Deiter Meyer. She congratulated the Loudoun Museum on their gala. She thanked all the businesses that contributed to the Poker Run and Eat this Ambulance program. She noted the temporary library facility is open at the Video Den. Further, she thanked Mr. Kiley for coming forward about the Cornwall Street parking issue. Council Member Martinez apologized for being late and missing the 9- 11 ceremony. He noted he met with Colleen Snow and Waterford Development to discuss their developments. He congratulated the Loudoun Museum on their gala and noted he had not danced with Council Member Wright. Vice Mayor Horne reminded everyone that the international law enforcement community had uncovered plans to strike at U.S. interests. She added her congratulations to the Loudoun Museum noting this is a great asset to the community. She reminded everyone that the Loudoun Chamber is having a luncheon at Leesburg Executive Airport and thanked the restaurants supporting the purchase of the new ambulance. Council Member Burk commended the Loudoun Museum on their gala. She stated she would like to look at traffic circulation once Battlefield Parkway opens and see what changes the Council can make. She asked consideration to giving Terry Young recognition for his service on the Parks and Recreation Committee. She recognized the organization group for Acoustics on the Green and she acknowledged Stilson Greene for his work in organizing these events. She thanked Ned Kiley for coming forward regarding the parking problems on Cornwall Street. Further, she stated the 9-11 ceremony was very impressive. M. MAYOR'S COMMENTS Mayor Umstattd agreed Chief Price did a nice job on the 9-11 ceremony. She thanked the Virginia Defense Force for their support and she noted they fill in when the National Guard forces are deployed. She thanked Sgt. Hallet and Col. Jay Greeley. She requested that everyone continue to support our National Guard troops. Mayor Umstattd disclosed that she had met with Colleen Snow, Waterford Development regarding the Sunrise Town Council Meeting of September 11. 2007 Page 11 proposal on East Market Street next to Carradoc Hall. She thanked the Council for attending the 9-11 ceremony. She noted there had been a tremendous turn out by the Fire Department and Police Department and thanked the Veterans of Foreign Wars. N. MANAGER'S COMMENTS Mr. Wells reminded Council of the Poverty Simulation. He highlighted the number of ribbon cuttings and stated that the majority of them are in new buildings. He noted that he sat in on the presentations to the Board of Supervisors and thought the two Leesburg proposals were the best and outlined the possible process for the Council. O. CLOSED SESSION a. To receive the attorney's advice on Crosstrail On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following closed meeting motion was made: Pursuant to Section 2.2-371l(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to receive advice from the Town Attorney with regards to Crosstrail. Motion failed by the following vote: Aye: Burk, Martinez, Mayor Umstattd Nay: Hammier, Horne, Reid, and Wright Mayor Umstattd summarized by questioning if the Town wants to intervene as a party in the Crosstraillawsuit. She noted her support for intervening as a full party to keep the lawsuit from being settled. Ms. Beach discussed the legal aspects of intervening. There was discussion over the advisability of the Closed Session. On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the following closed meeting motion was made: Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to receive advice from the Town Attorney with regards to Crosstrail for a maximum of 30 minutes. Motion was approved by the following vote: Aye: Burk, Hammier, Horne, Wright and Mayor Umstattd Nay: Reid Vote: 5-1-1 (Martinez absent) On a motion by Vice Mayor Horne, seconded by Council Member Burk, the following closed meeting motion was made: Pursuant to Section 2.2-371l(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss the Ryland Homes litigation. Town Council Meeting of September 11. 2007 Page 12 Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Council convened into a closed meeting at 10:50 p.m. Council reconvened in open session at 11:05 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following motion was proposed: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters 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 the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Martinez, seconded by Vice Mayor Horne, a motion to suspend the rules was proposed. Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Mayor Umstattd moved that the Town Council authorize the Town Attorney to file in court the proper papers to allow the Town of Leesburg to intervene as a party in the Crosstraillitigation as soon as possible. Mayor Umstattd clarified that the motion is being made because of the Town's interest in the Joint Land Management Area, the Town's provision of utilities into the area, and the AADP Committee issues of annexation. Motion was seconded by Council Member Burk. Council Member Wright stated that this is the Council's support of the County. Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meeting of September 11. 2007 Page 13 P. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting adjourned at 11: 15 p.m. ~~J~~ Town of Leesburg 2007_ TCMIN0911