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
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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
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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
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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.
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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
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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.
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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.