HomeMy Public PortalAbout2008_04_08
COUNCIL MEETING
April 8, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Katie Sheldon Hammier, Susan Horne, Marty Martinez,
Ken Reid, David Schmidt, Kevin Wright, and Mayor Kristen Umstattd.
Council Members Absent: None.
Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby,
Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich,
Director of Engineering and Public Works Tom Mason, Director of Utilities Randy
Shoemaker, Director of Capital Projects Management Nagi Elsewaissi, Zoning
Administrator Brian Boucher, Planner Jason Beske, Senior Management Analyst Bob
Berkey, Senior Management Analyst Annie Carlson, Balch Library Director Alexandra
Gressitt, Comprehensive Planner David Fuller, and Clerk of Council Lee Ann Green.
AGENDA
A. Invocation by Vice Mayor Horne
ITEMS
B. Salute to the Flag was led by Council Member Hammier
C. Roll Call showing Council Member Martinez arriving at 7:43 p.m.
D. Minutes
a. Work Session Minutes of March 24, 2008
On a motion by Vice Mayor Horne, seconded by Council Member
Wright, the minutes were passed 6-0-1 (Martinez absent)
b. Work Session Minutes of January 22, 2008
On a motion by Vice Mayor Horne, seconded by Council Member
Wright, the minutes were passed 5-0-1-1 (Martinez absent/Schmidt
abstaining)
E. Presentations
1. Proclamation - Assisting Virginia Citizens with Disabilities
Week (KOVAR)
On a motion by Vice Mayor Horne, seconded by Council Member Reid,
the following Proclamation was approved:
PROCLAMA TION
ASSISTING VIRGINIA CITIZENS WITH INTELLECTUAL
DISABILITIES WEEK
APRIL 14 - APRIL 20. 2008
WHEREAS, The Knights of Columbus Holy Family Council's of Virginia
have been organizing their annual KOVAR (Knights of Virginia Assisting Citizens
with Mental Retardation) since 1971; and
Town Council Meeting of April 8. 2008
Page 2
WHEREAS, over the past 27 years the Knights of Columbus have
collected and distributed over $12 million for organizations that assist residents
of Virginia with mental retardation; and
WHEREAS, KOVAR grants have provided much needed assistance to
organizations in Leesburg, including ARC of Loudoun County, Loudoun County
Government, Hebron Community, Inc., ECHO, and the Special Recreation
Advisory Board Inc.; and
WHEREAS, last year the Knights of Columbus raised $618,000 and
have set a goal of $650,000 for 2008.
THEREFORE, RESOLVED, the Mayor and Council of the Town of
Leesburg in Virginia hereby proclaim the week of April 14-20, 2008 as Assisting
Virginia Citizens with Disabilities Week in the Town of Leesburg and extend our
thanks to the Knights of Columbus Holy Family Council No. 6831 for their
dedication, leadership and efforts on behalf of the citizens of the State of
Virginia, Loudoun County and the Town of Leesburg.
PROCLAIMED this 8th day of March 2008.
The Proclamation was approved by the following vote:
Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
2. Arbor Day Proclamation
PROCLAMA TION
ARBOR DAY
APRIL 19.2008
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska
Board of Agriculture that a special day be set aside for the planting of trees;
and
WHEREAS, this special day, called Arbor Day, was first observed with
the planting of more than a million trees in Nebraska; and
WHEREAS, trees reduce the erosion of topsoil, moderate
temperature, reduce heating and cooling costs, clean the air and water,
produce oxygen and provide a habitat for wildlife; and
WHEREAS, trees in our town increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, the Town of Leesburg has been recognized as a Tree City
USA by the National Arbor Day Foundation for nineteen consecutive years and
desires to continue its tree planting ways.
Town Council Meeting of April 8. 2008
Paqe 3
THEREFORE, RESOLVED the Mayor and Council of the Town of
Leesburg in Virginia hereby proclaim April 19th as the official Arbor Day of the
Town of Leesburg for 2008.
PROCLAIMED this 8th day of April 2008.
The Proclamation was approved by the following vote:
Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
3. Keep Leesburg Beautiful
PROCLAMA TION
Keep Leesburg Beautiful Community Clean-Up
April 12 - April 26. 2008
WHEREAS, people who dump litter carelessly damage Leesburg's
beauty, natural resources, and neighborhood quality of life; and
WHEREAS, the Town of Leesburg appreciates the fine work of the
Town's building, street, and parks maintenance crews, engineers, and Board
and Commission members who regularly fight litter in public streets, rights-of-
way, and parks, including participants of the Town's Storm Drain Marking
Program, and Adopt-a-Street, Spot or Park programs; and
WHEREAS, in addition to their regular duties, the street maintenance
crew alone has devoted over 1,800 hours annually in cleaning roadways and
rights-of-ways, including efforts to keep Virginia Department of
Transportation (VDOT)-controlled roadways clean given the Town's higher
maintenance standards; and
WHEREAS, community volunteers and organizations support the
Town's efforts by participating in neighborhood clean-ups and beautification
projects; and
WHEREAS, Leesburg residents, businesses, youth groups, churches,
and service organizations are encouraged to volunteer to keep Leesburg
beautiful during a Town-wide clean-up and beautification effort starting April
12, 2008 with a celebratory morning kick-off on the Town Green and extended
through April 26, 2008.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaims April 12, 2008 as Keep Leesburg Beautiful Day in the Town of
Leesburg and encourages Leesburg residents, businesses, youth groups,
churches, and service organizations to volunteer year-round to keep Leesburg
beautiful, starting with the fourth annual Town-wide clean-up and beautification
effort.
PROCLAIMED this 8th day of April 2008.
Town Council Meetinq of April 8. 2008
Page 4
The Proclamation was approved by the following vote:
Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
4. National Library Week
PROCLAMA TION
National Library Week 2008
WHEREAS, our nation's school, academic, public and special libraries
make a difference in the lives of millions of Americans, today, more than
ever; and
WHEREAS, librarians are trained professionals, helping people of all
ages and backgrounds find and interpret the information they need to live,
learn and work in the 21st century; and
WHEREAS, libraries are part of the American Dream - places for
opportunity, education, self-help and lifelong learning; and
WHEREAS, library use is up nationwide among all types of library
users, continuing a decade-long trend; and
WHEREAS, libraries playa vital role in supporting the quality of life in
their communities; and
WHEREAS, libraries can help you discover a world of knowledge, both
in person and online, as well as personal service and assistance in finding
what you need, when you need it; and
WHEREAS, libraries are a key player in the national discourse on
intellectual freedom, equity of access, and narrowing the "digital divide;" and
WHEREAS, libraries, librarians, library workers and supporters across
America are celebrating National Library Week with The Campaign for
America's Libraries.
NOW, THEREFORE, be it resolved that the Council of the Town of
Leesburg in Virginia hereby proclaims April 13-19, 2008 as National Library
Week in the Town of Leesburg and further encourages all residents of
Leesburg, Virginia to visit Thomas Balch Library this week to take advantage
of the unique library resources available and thank their librarians and library
workers for making information accessible to all who walk through the
library's doors.
The Proclamation was approved by the following vote:
Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Town Council Meeting of April 8. 2008
Paqe 5
Vote: 6-0-1 (Martinez absent)
s. Fortune Magazine Designation
Ara Bagdasarian announced to Council the Town had been ranked 31st
out of 100 of the "Best Places to Live and Launch" by Fortune Small Business
magazine. Mr. Bagdasarian noted this is a big honor for a town the size of
Leesburg to be recognized by a national magazine.
6. Land Development Reorganization
Kaj Dentler reviewed current changes in the land development
process. Mr. Dentler described changes including moving the Current
Planning Department into a separate department along with the Engineering
section of Engineering and Public Works. He noted that Tom Mason would
remain the Director of Public Works and an internal recruitment is being
performed for the Director of Plan Review. He described several changes that
would take place within the Planning Department. He stated the
comprehensive planning section would be absorbed into a planning arm,
which would handle a wide variety of planning functions and operate under
the direct supervision of a Deputy Director. He noted the Zoning section
would continue to operate as a unit. He stated once a planning director is
hired, recruitment for a deputy director can begin. He stated all the specifics
have not been worked out, but the changes will officially take effect July 1
with small changes in preparation taking place between now and then.
7. Fiscal Year 2009 Budget (this item was taken out of order)
Mr. Wells stated Council's straw vote had indicated support for an 18
cent tax rate. He stated the spreadsheet given to Council goes over the cuts
that will be necessary to get to an 18 cent tax rate.
Glenn Barnhardt, Treasurer of the Leesburg Volunteer Fire
Department, stated the Fire Department has a lot of unfunded items due to
decreases in donations for the past several years.
Council Member Wright pointed out if the Town gave the requested
amount, it would be nearly what the County contributes.
Mr. Barnhardt stated the Fire Department does not request a specific
amount from the County. They submit their budget and the County makes a
contri bution.
Council Member Reid noted this is another situation where the County
is taking advantage of Leesburg.
Council Member Hammier stated this issue is on the radar to be
discussed at a joint meeting with the Board of Supervisors. She stated the
development of the office building concerns her because it will detract from
the focus on providing service to Town residents.
Council Member Wright stated Council is not "cutting their (the Fire
Department's) budget". He stated they are just not giving them as much as
they asked for, but giving them an increase over last year's contribution.
Town Council Meeting of April 8. 2008
Page 6
On a motion by Council Member Reid, seconded by Council Member
Wright, acceptance of the Town Manager's proposal for Fire Department
Contributions was proposed.
The proposal was accepted by the following vote:
Aye: Hammier, Reid, Schmidt, Wright and Mayor Umstattd
Nay: Horne, Martinez
Vote: 5-2
Mr. Wells noted the remainder of the proposal to get the tax rate to 18
cents includes a reduction of Board and Commission budgets by $51,000. He
stated $20,000 has been added to Council's budget to allocate to different
Boards and Commissions as they submit their work plans.
On a motion by Mayor Umstattd, seconded by Council Member Wright,
the remainder of the proposed budget changes were accepted and staff was
directed to prepare the budget in accordance with those changes.
Vice Mayor Horne asked to have the maintenance building for Ida Lee
put back into the budget for this fiscal year.
Council Member Martinez seconded this motion.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, and Wright
Nay: Reid and Mayor Umstattd
Vote: 4-2-1 (Schmidt abstaining)
F. Petitioners
The petitioners section was opened at 8:21 p.m.
Earl Smith. 402 Beauregard Drive, stated he would like to donate an
easement to the Town for a trail connector past his property.
Misti Booker. 202 Lawford Drive, requested Council not remove the
Meade Drive stop signs.
Diane Pierson. 201 Lawnhill Court, S.W. asked Council not to remove
the Meade Drive stop signs. She stated raised crosswalks or speed bumps
might negatively affect the property values of their homes.
John Long, 123 Meade Drive, asked Council not to remove the Meade
Drive stop signs.
Neely Law, 213 Lawford Drive, asked Council not to remove the Meade
Drive stop signs. She also asked Council not to reduce the funding for the
EAC projects.
Lisa Hamilton, 113 Meade Drive, asked Council not to remove the
Meade Drive stop signs.
Earl Hower. 111 Plaza Street, N.E. asked Council not to reduce the
amount of funding for the Tree Commission.
Town Council Meetinq of April 8. 2008
Paqe 7
Virqinia McGuire. 901 Rhonda Place, asked Council not to reduce the
amount of funding for EAC projects.
Caroline Milne. 202 Meade Drive, asked Council not to remove the
Meade Drive stop signs. She suggested Council close the street to through
traffic by using a rock wall and fountain. She also suggested permanently
closing the downtown streets in favor of a fountain, instead of temporarily for
the Flower and Garden Show. She suggested using money to pave the
portion of Sycolin Road in the county so she could use it as a shortcut into
Ashburn.
Ann Murphy. 115 Meade Drive, asked Council not to remove the Meade
Drive stop signs.
Mark Sell. 1012 Smartt's Lane, asked Council to cut the tax rate to
give taxpayers a break.
John Drury. stated raising taxes in an economic downturn is
unexcusable. He stated the County had failed the citizens miserably. In
relation to the Meade Drive stop signs, he noted delivery trucks or pick ups
filled with equipment make a lot of noise when traveling over speed humps.
The petitioner's section was closed at 9: 10 p.m.
Council Member Reid thanked Ms. Milne for her comments regarding
paving Sycolin Road.
G. Public Hearing
1. Special Exception TLSE 2007-0006 Waterford at South Kino Street
The public hearing was opened at 9: 12 p.m.
Brian Boucher gave a description of the application as it was
conditionally approved by the Planning Commission. Mr. Boucher stated that
the conditionally approved option would allow for future construction of the
South Street connector by others. He stated construction of the South Street
connector would mean acquiring an entire property on Church Street as well
as a few other properties.
Council Member Reid questioned whether obviating the applicant from
having to build the connector road sets a precedent.
Colleen Gillis Snow, representative for the applicant, stated the site
would make a statement at the southern entrance to Town.
Council Member Horne questioned why the applicant had changed
from the original option.
Ms. Snow stated after original staff comments, it became clear that
changes would need to be made. She noted that option #4 was applicant's
choice as it gives the most unbroken retail space on S. King Street. She
noted the Planning Commission had conditionally approved option #4.
Town Council Meeting of April 8. 2008
Page 8
Mayor Umstattd verified the watercolors shown to Council are based
on the original application. She questioned whether the finished product
would look as nice as the watercolors. She stated she would like to see the
increased square footage of retail along S. King Street.
Council Member Hammier asked Ms. Snow to consider naming the
plaza the "Chuck and Karen Jones Plaza". She also asked Ms. Snow to keep
in mind the Town would like to find a location for a visitor's center while
considering tenants for the retail space.
Council Member Wright expressed concern over the unknown variables
with Option #4. He noted that denial of a BAR application to move the Title
Company building would cause Option #4 to not be a viable option. He stated
the long, unwrapped view of the garage on to a future South Street connector
is another issue that doesn't conform to the Town Plan. He questioned
whether the applicant was willing to accept the risks.
Ms. Snows stated the applicant is aware of the risks and willing to take
the risks as Option #4 presented the best use of the space for the applicant.
She stated it is the hope of the applicant that the increased value of the
property from a usage standpoint would balance out the increased cost and
delay from the BAR application.
Mayor Umstattd stated she needed to be sure the garage would be
open for access between S. King Street and Church Street.
Ms. Snow stated a stipulation that the garage be open for access
between S. King Street and Church Street would be acceptable, but they
could not guarantee all spaces would be open to the public for parking
purposes.
Ara Bagdasarian stated the Economic Development Commission had
endorsed Option #4 as it is the most economically viable option. He noted
this project is important for the downtown.
Neelv Law stated the Environmental Advisory Commission had met
with the applicant and they have shown themselves to be good stewards of
the environment on past projects.
Virqinia McGuire stated she is looking forward to working with
Waterford. She expressed the desire for the Town to come up with some
alternatives that might be less negative on the stream.
Carlos Galiano, 212 S. King Street, stated this project would cause
them to have to remove his driveway. He stated it is his dream to finish this
project and removing the driveway would destroy his dream.
David Butler stated he is not here representing the Planning
Commission. He stated this is a wonderful project for the Town.
The public hearing closed at 10:52 p.m.
Town Council Meetinq of April 8. 2008
Page 9
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, the following resolution was proposed:
RESOLUTION 2008-RS4
Approving Special Exception TLSE 2007-0006 Waterford at S. King
Street to permit a structured parking facility at 222 and 224 S. King Street
and 215 S. Church Street, S.E.
Mayor Umstattd offered an amendment to add Condition #18 -
Parkinq Facility open to the Public. The garage shall be open 24 hours a day
to the public for access from South King Street to Church Street, S.E. and
vice-versa.
Council Member Martinez, Vice Mayor Horne and the applicant all
accepted the amendment.
Council Member Wright made a motion to substitute Option #2 and
replace with the 14 conditions as outlined in the April 8 staff report.
The motion was seconded by Council Member Reid and failed on the
following vote:
Aye: Reid, Wright
Nay: Hammier, Horne, Martinez, Schmidt, and Mayor Umstattd
Vote: 2-5
The original motion to approve Option #4 was approved by the
following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt Wright, and Mayor
Umstattd
Nay: None
Vote: 7-0
2. Drought Response Plan
The public hearing was opened at 12: 16 a.m.
There were no Council Member comments or questions associated with
this item.
The public hearing was closed at 12:17 a.m.
On a motion by Council Member Martinez, seconded by Council
Member Wright, the following motion was proposed:
ORDINANCE 2008-0-08
Amending Chapter 19, Article 1, Section 19-5 of the Leesburg Town
Code regarding Supplies, Prohibited Use and Adopting a Drought
Assessment and Water Supply Response Plan for the Town of Leesburg
including Fees for Violation of the Ordinance
The original motion to approve Option #4 was approved by the
following vote:
Town Council Meeting of April 8. 2008
Page 10
Aye:
Hammier, Horne, Martinez, Reid, Schmidt Wright, and Mayor
Umstattd
None
7-0
Nay:
Vote:
J. Legislation
ORDINANCES
None
CONSENT AGENDA
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following consent items were proposed:
1. RESOLUTION 2008-55
Authorizing an Agreement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Oaklawn at Stratford -
Landbay D
2. RESOLUTION 2008-56
Approving an appropriation of $1,000 from the Oaklawn Donation for
Keep Leesburg Beautiful
3. RESOLUTION 2008-57
Authorizing an Agreement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Village at Leesburg Town
Center
The resolutions were approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
4. Councilmanic Liaison Role
On a motion by Council Member Hammier, seconded by Council
Member Martinez, a motion to table this item was proposed.
The motion was approved on the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
5. Declaring a Public Necessity to Acquire Land Between
Evergreen Mills Road and S. King Street
On a motion by Vice Mayor Horne, seconded by Council Member
Martinez, the following motion was proposed:
RESOLUTION 2008-58
Declaring a Public Necessity to Acquire Land Between Evergreen Mills
Road and S. King Street
Town Council Meeting of April 8. 2008
Page 11
The motion was approved on the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
K. BOARDS AND COMMISSIONS
1. Airport Commission
No report.
2. Thomas Balch Library Commission
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.
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
No report.
K. COUNCIL COMMENTS
Council Member Reid thanked Mark Sell and John Drury for speaking out for
a lower tax rate. He stated his preference for a lower than 18 cent tax rate noting
he would support reduced funding for Information Technology and Economic
Development and encouraged the Balch Library Commission to work on an
endowment. He disclosed he attended the Loudoun Country Day School ground
breaking. He noted the anniversary of Martin Luther King's assassination and the
fact that the poverty level numbers haven't changed much since then. He reminded
everyone about the Memorial Grove Dedication.
Town Council Meetinq of April 8. 2008
Page 12
Council Member Wright thanked staff for their work on the budget. He
expressed his appreciation and conveyed his congratulations to the recipients of the
Valor Awards held earlier in the day. He updated Council on the Form-Based Code
committee noting the first meeting has been held and another meeting will be held
on April 27th with an open public forum scheduled for May.
Council Member Hammier expressed her condolences to Margaret Huber on
the passing of her husband, Whitie. She asked that a certificate of appreciation be
presented to the Loudoun County Board of Supervisors for the use of their Land
Management Information System. She stated she agrees the Town needs a grant
writer, if only a part time position as there is a lot of grant money available.
Council Member Martinez thanked staff for staying late. He stated the
Annexation Area Development Policy group is reaching the first round of negotiations
on the proposed annexation. He stated the County Attorney would be attending the
next meeting. He announced opening day for Loudoun County Little League.
Vice Mayor Horne noted three officers from the Leesburg Police Department
were honored at the Valor Awards. She asked staff to find a way to use the log
cabin during the Flower and Garden Show. She thanked Oaklawn Development for
their contribution to Keep Leesburg Beautiful.
Council Member Schmidt noted he would be unable to attend the events over
the weekend because of a business trip. He stated he would be able to attend
Flower and Garden.
N. MAYOR'S COMMENTS
Mayor Umstattd announced the Valor Award given to Officers Monger, Wharf,
and Houdi. She stated the National Guard troops would be returning to Leesburg the
week of April 22. She stated the website would be updated with information,
because they will only have a short time to prepare. She noted the Greenway is
waiving the fee for the buses and has had a banner made at their expense to
welcome the troops back. She stated the Police Department is working with the
Sheriff's Department to provide police escort for the buses.
O. MANAGER'S COMMENTS
Mr. Wells stated he had no comments.
P. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member
Wright, the meeting was adjourned at 12:38 a.m., April 9, 2008.
~~ttd'W '*?
Town of Leesburg
2008_TCMIN0408