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HomeMy Public PortalAbout2007_10_10 COUNCIL MEETING October 10, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: Council Member Burk absent. Council Member Martinez arriving at 8:00 p.m. Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathleen Leidich, Tourism and Marketing Coordinator Marantha Edwards, Transportation Engineer Calvin Grow, Senior Planner Scott Parker, Deputy Director of Utilities Aref Etemadi, Chief of Engineering Bill Ackman, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Council Member Vice Mayor Horne B. Salute to the Flag was led by Eagle Scout Ian Claar C. Roll Call showing Council Member Burk absent D. Minutes a. Regular Session Minutes of April 24, 2007 On a motion by Vice Mayor Horne, seconded by Council Member Reid, the minutes of the April 24, 2007 Town Council meeting were approved with corrections by a 4-0-1-2 vote (Hammier abstaining, Martinez and Burk absent) b. Work Session Minutes of June 11, 2007 On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the minutes of the June 11, 2007 Town Council meeting were approved by a 5-0-2 vote (Martinez and Burk absent). E. Presentations On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the following presentations were approved by a 5-0-2 vote (Martinez and Burk absent). a. Certificate of Appreciation - Eagle Scout Ian Arthur Robert Claar Presented for earning the rank of Eagle Scout and for demonstrating good citizenship and leadership in the community through your efforts in scientific testing the water quality of Tuscarora Creek at three separate sites in Leesburg and as well as cleaning the surrounding banks of the creek. Further he created a training program to teach the team he was leading. Richard Claar, father of the recipient, thanked the Council for their recognition of his son's achievement. Town Council Meeting of October 10. 2007 Paqe 2 b. Resolution of Respect - Megan Tyler Stewart Resolution of Respect Megan Tyler Stewart WHEREAS, Megan Tyler Stewart suffered an untimely death on September 13, 2007 at the age of 15; and WHEREAS, Miss Stewart was a resident of the Town of Leesburg and was a student at Loudoun County High School; and WHEREAS, Miss Stewart and her family organized the annual Cystic Fibrosis Foundation Walk For The Cure Fundraiser in Leesburg known as Megan's Walk; and WHEREAS, this annual walk helped to raise tens of thousands of dollars for Cystic Fibrosis research; and WHEREAS, Miss Stewart served as an inspiration to the citizens of the Town of Leesburg and everyone who knew her. THEREFORE, RESOLVED the Mayor and Town Council of the Town of Leesburg in Virginia hereby extend their sympathy to the Stewart family and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be given to the family. PASSED this 10th day of October 2007. c. Proclamation - NAACP Banquet PROCLAMA TION The Loudoun Countv Branch of the National Association for the Advancement of Colored PeoDle's Annual Bancuet WHEREAS, On February 12, 1909 the National Association for the Advancement of Colored People was founded by a multiracial group of activists; and WHEREAS, for more than nine decades the NAACP has been the largest and most recognized volunteer organization nationwide dedicated to winning the struggle to obtain racial justice for all Americans; and WHEREAS, the NAACP stands faithfully with courage and determination to show a willingness to do what is right, to seek justice, and a commitment to end the unjust system that dehumanizes the beauty and sacredness of human equality; and WHEREAS, this year marks the 67th anniversary of the Loudoun County Branch of the NAACP; and WHEREAS, the Loudoun County Branch of the NAACP provides local Town Council Meetinq of October 10. 2007 Page 3 programs to nurture and foster the growth of young people through mentoring, tutoring and its recent recognition of seven high school students who demonstrated excellence in academics; and WHEREAS, the Loudoun County Branch of the NAACP further supports the community through active committees that address religious affairs, legal redress, housing education, health education, economic development, and political action; and WHEREAS, the United States Department of Justice, Leesburg Police Department and the Loudoun County Branch of the NAACP signed a covenant to work towards a cooperative relationship including diversified and culturally sensitive police force; and THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby congratulate the Loudoun County Branch of the National Association for the Advancement of Colored People on the occasion of their annual banquet and express the deepest gratitude to the many volunteers who have worked tirelessly through this organization to bring racial harmony and equality to our nation. PROCLAIMED this 10th day of October 2007. d. Proclamation - Community Planning Month PROCLAMA TION Community Plannina Month October 2007 Whereas, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and Whereas, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and Whereas, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and Whereas, the full benefits of planning requires that public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and Whereas, the month of October is designated as National Community Planning Month throughout the United States of America and its territories; and Whereas, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and Town Council Meeting of October 10. 2007 Page 4 Whereas, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the Town of Leesburg; and Whereas, we recognize the many valuable contributions made by professional community and regional planners of the Town of Leesburg and extend our thanks for the continued commitment to public service by these professionals. Therefore, the Mayor and Council of the Town of Leesburg, Virginia, hereby proclaim the month of October 2007 as Community Planning Month in the Town of Leesburg in conjunction with the celebration of National Community Planning Month. Proclaimed this 10th day of October 2007. e. Certificate of Appreciation - Nicole Ard Mayor Umstattd presented Ms. Ard with a certificate for her dedication to the Town. f. Certificate of Appreciation - Acoustics on the Green Mayor Umstattd stated that this is a wonderful program, started by Stilson Greene, Pat McKinney at Market Street Coffee and many of the other downtown businesses. F. Petitioners - The petitioner's section opened at 7:55 p.m. Robin Martohue, Environmental Advisory Commission, discussed that Commissions Reduce, Reuse, Recycle campaign. She handed out reusable grocery bags and C02 reducing lightbulbs. She thanked the Town for the funds to carry out this program. Vice Mayor Horne thanked Ms. Martohue for the Commission's efforts to heighten the sensitivity of people to how little it takes to make a big impact. Doris Kidder, 214 Loudoun Street, read the following letter to the Council: Madam Mayor and Members of the Council and Mr. Wells: "I live in the old and historic district in downtown Leesburg. I live in an old and historic house at 214 Loudoun Street, S.W. I drive an old and historic 1988 Honda Prelude and, myself, personally, I am old. Like many, I chose to live in the historic district attracted by the charm of the architecture, the gentle mix of residential and commercial properties, the pedestrian friendliness and small town family atmosphere. The fact that Leesburg has an officially designated Old and Historic District with appropriate regulations and gUidelines made me feel secure in my choice of a place to live. I should be able to sit on my front porch and enjoy life, but I cannot. My neighborhood and others are being threatened with development proposals that will turn the Town Council Meeting of October 10. 2007 Page 5 downtown into one giant, congested office complex. There are presently some appointees on your Boards, Commissions, Committees, and staff who act in direct conflict with the Town's own historic guidelines. You have some BAR members who give residents a hard time about what color to paint their window trim, but give developers the right to change the rules, to overbuild and to alter the livability of an entire neighborhood. Our Mayor has said the historic nature of the town is what people love about Leesburg. To destroy it in the name of competing with new town centers will destroy Leesburg's character. The Town Council must decide if it is to protect Leesburg's character and balance. Then it needs to exert the leadership that will make that happen. I need to know if I am living in the wrong place at the wrong time." Richard Freeman, 114 Wilson Avenue, spoke regarding the wave of foreclosures facing the country. He asked the Council to support a bill in U.S. Congress called the Homeowners and Banks Protection Act. He stated the idea is very straightforward; no one should be removed from their home and at the same time protect banks. He stated the housing crisis is the most important issue facing Loudoun County and is threatening the integrity of the banking system. He asked Council to adopt a resolution asking the State to help the banking industry. The Petitioner's section closed at 8:07 p.m. G. Public Hearing a. Amending Subsection (D), Section 10-190.9 (Designation of Residential Permit Parking Zone) of Division 4 (Permit Parking Zones) of Article VI (Stopping, Standing and Parking), Chapter 10 (Motor Vehicles and Traffic) of the Code of the Town of Leesburg. The public hearing opened at 8:08 p.m. Calvin Grow stated staff is recommending the amendment to allow a pavement width of 21 feet or less requiring only 50% of the number of curbside parking spaces to meet the on-street parking requirements. He noted this would allow Cornwall Street to be added into the Residential Permit Parking zones. Edward Kiley, 208 Cornwall Street, stated he welcomes staff's recommendation and added his neighbors also welcome staff's recommendation. He urged approval of this amendment. The public hearing was closed at 8: 11 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following Ordinance was presented: Ordinance 2007-0-19 Amending Subsection (D), Section 10-190.9 (Designation of Residential Permit Parking Zone) of Division 4 (Permit Parking Zones) of Article VI (Stopping, Standing and Parking), Chapter 10 (Motor Vehicles and Traffic) of the Code of the Town of Leesburg. Town Council Meeting of October 10. 2007 Page 6 Council Member Wright made a friendly amendment, which was accepted by Council Member Martinez, to incorporate proposed administrative changes shown under Tab 1 in the same Ordinance into this motion. This friendly amendment was accepted by Council Member Martinez and Vice Mayor Horne. Council Member Reid raised a question about whether the Town Manager would be able to allow two hour free parking in the garage at his discretion. Council Member Wright stated his recollection was that this would be included in a later change. Council Member Reid proposed a friendly amendment of a change in the proposed amendment from \\21 feet or less" to \\25 feet or less". This friendly amendment was accepted by Council Member Martinez and Vice Mayor Horne. The motion and friendly amendments passed by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Burk absent) b. Deleting Appendix E and Amending Articles 2 and 4 and Appendix A of the Design and Construction Standards Manual (DCSM) The public hearing was called to order at 8:19 p.m. Aref Etemadi summarized the proposed changes. He stated these revisions have been through a committee comprised of several engineers from different engineering companies in the area. He introduced Mr. Kevin Murray, chairman of the ESI committee overseeing the revisions to the DCSM. Mr. Etemadi stated that the changes are a result of need for clarifications, the incorporation of new standards or materials used in the industry. Mr. Etemadi addressed some questions raised at the work session meeting. He noted the prohibition to placing utilities in intersections is to keep excavation for repairs from interrupting traffic flow in all four directions. He stated that this will be evaluated on a case by case basis. He stated there is some flexibility allowed. Council Member Reid noted he did not feel there was flexibility. Mr. Etemadi addressed Council Member Wright's concern regarding grease traps for parking facilities. He stated they did not require an oil/water separator for parking garages, but could address this in December when further changes are scheduled to be brought before Council. Kevin Murray. chairman of the ESI DCSM committee, stated they had worked diligently with the staff over the past year. He stated they appreciated the opportunity to help clarify the document. He stated flexibility is important in some areas. Town Council Meeting of October 10. 2007 Page 7 Council Member Reid expressed concern that the process and avenues of assistance be clearer for applicants. Mr. Murray stated pre-application meetings are useful to work out problems prior to the plan being submitted. Mr. Wells noted staff can sit down with the development community to work out flexibility issues. Council Member Wright stated he is hearing more complaints about process than about the requirements. The public hearing was closed at 8:36 p.m. On a motion by Council Member Martinez, seconded by Council Member Wright, the following Ordinance was proposed: Ordinance 2007-0-20 Amending and reordaining the Design and Construction Standards Manual of the Town of Leesburg, Virginia, 2003, as amended, by deleting Appendix E (Standard Forms of Legal Agreement), and by amending Articles 2 (Water and Fire Regulations) and 4 (Sewage and Solid Waste Disposal) and Appendix A (Construction Standards) The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Burk absent) H. Legislation ORDINANCES None CONSENT AGENDA On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following consent agenda was approved by a 6-0-1 (Burk absent) vote: 2007-142 RESOLUTION Approving a change order 12 for the Ida Lee Indoor Tennis Facility and authorizing the Town Manager to execute it. MOTION Authorizing advertisement for a public hearing to be held on Tuesday, November 13, 2007 on an interim financing plan to issue up to $6,000,000 in bond anticipation notes to finance the construction of an indoor tennis facility, an outdoor swimming facility, and the possible purchase of additional park land. The motion was approved by the following vote: Aye: I-+ammler, Horne, Martinez, Reid, Wright and Mayor Umstattd Town Council Meeting of October 10. 2007 Page 8 Nay: None Vote: 6-0-1 (Burk absent) REGULAR AGENDA RESOLUTION - Deferred to 10/22/07 Accepting the report of the Performing Arts Task Force to Council as presented on September 10, 2007 and authorizing $35,000 for a feasibility study and business plan On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following resolution was proposed: RESOLUTION Requesting the Virginia Department of Transportation (VDOT) Funding for Highway Projects with the Town of Leesburg in the VDOT Six-Year Improvement Plan for Fiscal Years 2008-2009 through 2013-2014 Council Member Reid asked Calvin Grow to provide a recommendation on Evergreen Mill Road. He questioned whether the Council is limited to how many projects they can include. Mr. Grow stated for FY-09jFY-10, all urban money will go to Battlefield Parkway. He stated they would then start on South King Street and the Sycolin Road Widening. He noted they could add a fourth project, Evergreen Mill Road. He added last year they did not fund the interchange at Rt. 15 and the Bypass, widening of the Bypass from S. King Street to Rt. 9, and the interchange at Edwards Ferry Road and the Rt. 15 Bypass. Council Member Reid asked to add the four-Ianing of Evergreen Mill Road from the Town limits to S. King Street. Mr. Grow stated they did not want to overwhelm VDOT at the public hearing, but focus on projects that are of higher priority. Council Member Reid asked to add Evergreen Mill and the interchange at the Bypass and Edwards Ferry Road. Council Member Hammier asked to add wording "as relates to pedestrian issues". Mr. Grow clarified the language to add a grade separated interchange at Edwards Ferry Road and the Bypass had been added. This would Edwards Ferry to cross above the Bypass with a sidewalk on the bridge. Council Member Hammier stated she would support including the $10 million portion of Evergreen Mill Road as well as the interchange north of Town, even though it is not in the corporate limits. She stated it is a significant amount of money allocated in the CIP for local roads. Council Member Wright stated they need to look at the priorities and agree where the number is before asking VDOT for a long laundry list of projects. Town Council Meeting of October 10. 2007 Page 9 Mayor Umstattd agreed that asking for too many projects dilutes the effectiveness of the request. She questioned whether the Town already owned the right-of-way necessary to widen Evergreen Mill Road or whether any property would need to be acquired. Mr. Grow stated additional right-of-way would be required to four-lane Evergreen Mill Road. Mayor Umstattd noted that her preference would be to let those landowners along Evergreen Mill Road know of their intentions prior to adding it to the list for the Six Year Plan. Council Member Reid stated the ultimate four-Ianing of Evergreen Mill is included in the Town Plan. He noted during the discussions regarding the Centex development, there was never any opposition to the widening of Evergreen Mill. He added the situation has changed over the past few years, because previously there was no funding. He stated it is incumbent upon us to ask for as much as we can and see what happens. He agreed asking for things outside the Town limits may be problematic because he did not feel that VDOT has any plans to do anything with the interchange north of Town. Council Member Hammier stated she had strong feelings about the interchange north of Town with the development north of Ida Lee, including the school site. Council Member Reid made a motion to table discussion until the next work session, the motion was seconded by Council Member Wright. The motion was approved by the following vote: Aye: Hammier, Reid, Wright and Mayor Umstattd Nay: Horne, Martinez Vote 4-2-1 (Burk absent) Mayor Umstattd directed staff to develop a summary of options for Council to consider. Council Member Martinez asked that the summary be prioritized. On a motion by Council Member Wright, seconded by Council Member Martinez, the following motion was proposed: RESOLUTION 2007-143 Authorizing the Council's representatives to the AADP Committee and Town staff to work with representatives of Loudoun County and Loudoun County staff to begin the process of preparing documents necessary for a voluntary annexation agreement for areas within the Leesburg Joint Planning Area. Mayor Umstattd expressed her skepticism regarding the wisdom of this proposed annexation as most of this area has been pushed for annexation by one of the larger development law firms for the past five or six years. She added that the area, when proposed for annexation in 2001, showed a net loss for the Town, but did show a net revenue gain if 90% of proposed build Town Council Meeting of October 10. 2007 Page 10 out occurred. She noted this proposed annexation would increase the area of Leesburg by 35-50%, which would hurt the charm of Leesburg. Council Member Reid stated it would be better if the Town controlled the destiny of the land around the airport, rather than the Board of Supervisors. Council Member Wright stated he appreciated the Mayor's concerns. He stated bringing this area into the Town gives the Town a greater control over its destiny. Further, he added this is a cooperative effort with the County to come up with a win-win situation. Council Member Hammier stated she would echo Council Member Reid's comments. She thanked Supervisors Clem and Kurtz, and Council Members Wright and Martinez for the effort they have put into the joint committee. She stated this symbolically reflects the significance of the Town and County working together. Council Member Martinez noted that although they disagree, he respects the Mayor's concerns. He stated he is waiting for the financial impact model and how that would show where and when they would be able to start seeing advantages of the proposed annexation, which he predicted would be positive. Vice Mayor Horne thanked Council Members Wright and Martinez and Supervisors Jim Clem and Sally Kurtz for working on this. She stated this is a very positive and open process. She noted that having control over this area is important for the Town. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid and Wright Nay: Mayor Umstattd Vote: 5-1-1 (Burk absent) I. BOARDS AND COMMISSIONS 1. Airport Commission No report. 2. Thomas Balch Library No report. 3. Board of Architectural Review No report. 4. Cable Television Advisory Commission No report. 5. Commission on Public Art No report. 6. Economic Development Commission No report. Town Council Meeting of October 10. 2007 Page 11 7. Environmental Advisory Commission No report. 8. Information Technology Commission No report. 9. Parks and Recreation Commission No report. 10. Planning Commission No report. 11. Tree Commission No report. 12. Standing Residential Traffic Committee Council Member Reid stated Virginia Regional Transportation Association would be installing signs at the Saf-T-Ride pick up sites and install signs on the bypass to alert riders of the shuttle service. He noted that use of this service has increased dramatically since more hours have been added. J. OLD BUSINESS None. K. NEW BUSINESS (For Consideration at a Future Meeting) Council Member Wright asked for a Key Initiatives Update and a budget briefing. Council Member Hammier requested Mr. Wells forward any implications for real estate tax assessments, particularly those related to Mr. Freeman's comments made during the Petitioner's section of the meeting. Council Member Reid asked for a discussion on vehicle weight restrictions and a work session item on process improvements. He also asked that the Legislative Agenda be completed prior to the dinner with the General Assembly delegation. L. COUNCIL COMMENTS Council Member Reid noted October 20 is Court and Market Days from 10-4 in downtown Leesburg. Council Member Wright noted he is looking forward to the VML trip. He noted the Town is encouraging voluntary water conservation. He stated he is glad to see some of the investments made in the water system are allowing the Town to hold its own. He added Wolf Furniture is thinking about pulling out of Leesburg. He stated Council is very committed to Wolf Furniture and are hoping to have a positive dialog with Wolf Furniture. Council Member Hammier stated there should be timelines with dates of anticipated approval for site plans. She stated the Town's loss of Loudoun Sport and Health resulted in the Town stepping forward and creating the wonderful indoor tennis facility. She discussed the coming opportunities for Town Council Meeting of October 10. 2007 Paqe 12 the Town to play an important role in the development of the Crosstrail property and the importance of the Town's airport. She questioned whether the Town had a list of companies with private jets. Council Member Martinez thanked Tim Jon for speaking about Court and Market Days. He stated he enjoyed the Fall into the Arts reception. Vice Mayor Horne again thanked Nicole Ard and congratulated her on her opportunity and wished her the best. She stated she was looking forward to attending the VML conference this weekend. She stated she had a good follow-up conversation with Peter Burnett about the courts expansion and noted that there is a 20 year planning horizon. M. MAYOR'S COMMENTS Mayor Umstattd thanked Dr. Saylor at Rehau for hosting the Artist's Reception for the Fall into the Arts Festival. She stated it was extremely well attended, not just by artists in the community, but also by business leaders in the community. She noted that Commerce Bank, the Aylesbury Tea Room on Loudoun Street, the Huntington Learning Center in Bellewood Commons, the Wellness Center near the Town Parking Garage on Market Street and Pei Wei have opened. She stated she shares Council Member Wright's sentiments about the Wolf Furniture process. She stated she would like to extend a lot of appreciation to John Wells for making the decision that he was not going to lose Wolf Furniture if there was anything that could be done to get them back. N. MANAGER'S COMMENTS Mr. Wells stated he would keep Council updated on the discussions with Wolf Furniture and noted this has shown that the Town needs to step up the improvements to the development process. Mr. Wells stated on behalf of the staff and himself, he would like to thank Nicole Ard for her professionalism. He wished her good luck in her new position. P. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting adjourned at 9:40 p.m.