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HomeMy Public PortalAbout2008_04_22 COUNCIL MEETING April 22, 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: All Present Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby, Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich, Assistant to the Town Manager Scott Parker, Director of Engineering and Public Works Tom Mason, Director of Finance Norm Butts, Zoning Administrator Brian Boucher, Chief of Accounting and Reporting Kim Williams, Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson, and Management Specialist/ Deputy Clerk of Council Debi Parry. AGENDA ITEMS A. Invocation by Council Member Schmidt B. Salute to the Flag was led by Girl Scout Cadette Troop 3765 C. Roll Call showing all present. D. Minutes a. Work Session Minutes of February 11, 2008 On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the minutes were passed 7-0 b. Work Session Minutes of April 7, 2008 On a motion by Council Member Wright, seconded by Vice Mayor Horne, the minutes were passed 6-0-1 (Schmidt abstaining) c. Regular Session Minutes of April 8, 2008 On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the minutes were passed 7-0 E. Presentations 1. Proclamation - Asian Pacific American Heritage Month On a motion by Council Member Reid, seconded by Council Member Martinez and approved by a 7-0 vote, the following Proclamation was approved: PROCLAMATION ASIAN/PACIFIC AMERICAN HERITAGE MONTH MAY 2008 WHEREAS, President Jimmy Carter signed a joint resolution declaring the first Asian/Pacific American Heritage Week in 1979; and WHEREAS, President George H. W. Bush extended the celebration to Asian/Pacific American Heritage Month in 1992; and Town Council Meetinq of April 22. 2008 Page 2 WHEREAS, Asian/Pacific Americans represent more than 30 ethnic backgrounds and are one of the fastest growing ethnic groups in the United States; and WHEREAS, Virginia is home to a rich and diverse population, drawing people from nations around the world; and WHEREAS, it is appropriate to recognize the achievements and continued contributions of Asian/Pacific Americans to Loudoun County, the Town of Leesburg, and our nation. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of May of the Year 2008 as Asian/Pacific American Heritage Month, and urge the citizens of Leesburg to join in recognizing the achievements of Asian/Pacific Americans and to celebrate their contributions to our nation's history. PROCLAIMED this 22nd day of April 2008. 2. Girl Scout Cadette Troop 2765 Girl Scout Cadette Troop 3765 provided a PowerPoint presentation regarding their service to the Tree Commission in handing out trees at the Flower and Garden Festival. They stated these community service hours were used to earn their Silver Award. 3. Certificates of Recognition - Harper Park Middle School 6th Grade Odyssey of the Mind Team, Virginia State Champions On a motion by Council Member Reid, seconded by Council Member Martinez and approved by a 7-0 vote, Certificates of Appreciation were presented to Devin Clawson, Matthew Perkins, Jacob Smith, Michael Petrilla, Christianna Querry, James Reid and Lara Reid for their efforts as members of Harper Park Middle School's Odyssey of the Mind Team in wining the state level of the competition and proceeding to the World Championship in College Park, Maryland. 4. Resolution of Appreciation - Dulles Greenway On a motion by Council Member Martinez, seconded by Council Member Hammier and approved by a 7-0 vote, the following Resolution of Appreciation was approved: RESOLUTION OF APPRECIATION Dulles Greenway. Toll Road Investors Partnership II WHEREAS, Dulles Greenway, Toll Road Investors Partnership II, L.C. (TRIP II) is a valued member of the Leesburg and Loudoun County community; and WHEREAS, the Greenway's annual Drive for Charity campaign benefits the citizens of Leesburg and Loudoun County through donations to charitable organizations such as Loudoun County Special Olympics, Loudoun Abused Women's Shelter, the Town Council Meeting of April 22. 2008 Loudoun County Social Services Fresh Air/Full Care program, and the Loudoun Wildlife Conservancy as well as area charitable organizations such as the March of Dimes; and WHEREAS, the Greenway's scholarship program has offered financial assistance to deserving, college bound high school seniors thus rewarding community service and fostering leadership skills in our youth; and WHEREAS, the Greenway has volunteered to show their support for our servicemen and women abroad by allowing buses carrying Leesburg National Guard A Company 116th (EN) Brigade Special Troops Battalion home after a deployment in Iraq to pass through the toll gates free of charge; and WHEREAS, the Greenway has contributed banners to help the citizens of the Town of Leesburg welcome our troops home. THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in Virginia hereby recognize and commend the Dulles Greenway, Toll Road Investors Partnership II (TRIP II) for their many and valuable contributions to citizens of Leesburg and Loudoun County. PASSED this 22nd day of April 2008 5. Resolution of Appreciation - Loudoun County for use of the Land Management Information System On a motion by Council Member Hammier, seconded by Council Member Wright and approved by a 7-0 vote, the following Resolution of Appreciation was approved: RESOLUTION OF APPRECIATION County of Loudoun WHEREAS, the Town of Leesburg and Loudoun County work closely together to benefit the citizens of the Town of Leesburg; and WHEREAS, Loudoun County staff has spent much time and effort developing the Land Management Information System, a valuable database of information; and WHEREAS, Loudoun County allows the Town of Leesburg staff to utilize this powerful informational tool without charge thus allowing Town of Leesburg staff to more effectively serve the needs of the citizens of Leesbu rg. THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in Virginia hereby express their appreciation of the ever valuable partnership with Loudoun County. PASSED this 22nd day of April 2008 Paqe 3 Town Council Meeting of April 22. 2008 Page 4 F. Petitioners The petitioners section was opened at 7: 51 p. m. Garv Nicely, 228 Environs Road, expressed concern with the proposed Chevy Chase Bank project on the Johnson's site at the corner of Catoctin Circle and East Market Street. Mr. Nicely stated the County's history is on the walls of this restaurant and expressed his hope that the items would be given to another restaurant. Neelv Law, 213 Lawford Drive, wished everyone a happy Earth Day. She urged Council to keep the stop signs on Meade Drive in place stating the safety of the children is most important. She commented on the lack of notice given to the Greenway residents and urged Council to review their policy for notifying citizens of upcoming discussions. Further, she thanked Irish Grandfield and Jennifer Eaton for their assistance at the Environmental Advisory Commission's Flower and Garden Festiva I booth. Lisa Hamilton, 113 Meade Drive, urged Council to consider the safety of the children and keep the Meade Drive stop signs in place. Virqinia McGuire, 901 Rhonda Place, wished everyone a Happy Earth Day. She urged Council to fund Environmental Programs in the FY 2009 budget. She stated she understands the need for economic development in the Town; however, that must occur in conjunction with wildlife preservation. Marco Smartt, 207 Lawford Drive, expressed his support for keeping the stop signs on Meade Drive. Kim Berkey, 208 Lawnhill Court, stated she wrote a letter to Council three weeks ago asking them not to remove the stop signs on Meade Drive. She stated Council Member Martinez indicated a desire to meet with the citizens of Greenway Farms; however, the citizens are still waiting for this meeting to take place. She stated in his comments last night Council Member Martinez chastised the citizens for looking out for the safety of their children. Further, she suggested that Council increase enforcement and speeding fines along Meade Drive to properly address the issues. Diane Pierson, Lawnhill Court, addressed the disadvantages of raised sidewalks and urged Council to keep the stop signs in place. Further, she addressed Council Member Martinez's comments from last night stating that her neighbors were offended by his remarks. Council Member Martinez stated when he initially brought this discussion up he did not expect it to escalate to this point. He stated he should have contacted the residents before the discussion was brought to Council. Dawn Barrett, 204 Lawford Drive, addressed Council Member Martinez's comments from last night saying that they were demeaning to the citizens in the audience who were not allowed to defend themselves. She urged Council to stand by the citizens and pass a motion stating the Town Council Members of Leesburg would not vote or take any action with regard to the traffic calming measures on Meade Drive without first contacting both the Woodlea and Greenway Farms Town Council Meetinq of April 22. 2008 Paqe 5 homeowners associations at least three or four weeks prior to a vote and allowing for public input by citizens who wish to speak. The petitioner's section was closed at 8:21 p.m. On a motion by Council Member Hammier, seconded by Council Member Wright, the following motion was proposed: MOTION The Leesburg Town Council shall not vote to remove stop signs along Meade Drive without giving one month advanced notice to the Homeowner Associations of Woodlea Manor and Greenway Farm Vice Mayor Horne suggested that the statement be broadened to notify homeowners associations anytime a decision is considered that may impact them. Council Member Wright concurred with the need to make the statement broader. He stated the policy has been to hold a public hearing in these cases. Ms. Irby cautioned Council against taking action that may contradict the State Code. She stated the State Code provides notice requirements and her concern is that if we add additional requirements it may put us in violation of the Code. Council Member Reid stated the Town Attorney has made some very good arguments and there is no reason why this could not be brought up at our next Council work session. Further, he stated the proper procedure is to have the Standing Residential Traffic Committee review recommendations. Council Member Hammier stated she would appreciate guidance from the Town Attorney on how to phrase the motion to give assure the neighbors will receive notice if this issue comes up again. Ms. Irby stated the motion should be made specific to stop signs that could affect Greenway Farms and Woodlea Manor. Mayor Umstattd stated the motion could be limited to stop signs along Meade Drive. Vice Mayor Horne stated if we are going to amend the motion we need to specify both neighborhoods. Council Member Wright stated the motion that was originally moved focused on Meade Drive and how we can give residents the peace of mind that we are prepared to stop the conversation. Council Member Martinez stated he is surprised at how this escalated because his intention was never to vote on this issue until it was thoroughly vetted by the neighborhoods and Council. He stated it was brought up to see if staff had a better solution. The motion was passed by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Town Council Meeting of April 22. 2008 Page 6 Nay: None Vote: 7-0 G. Public Hearing 1. Approving TLOA 2008-0001 Zoninq Ordinance Text Amendments to Implement Certain Obiectives of the 2005 Town Plan and to Update Various Sections The public hearing was opened at 8:31 p.m. Brian Boucher outlined the proposed Zoning Ordinance Text Amendments stating these amendments will make the ordinance more business and staff friendly. He stated there are also some new items in the amendments including the Business Special Events Permit, allowing an employee for home occupation uses, increasing the allowable size for political signs to 24 square feet, increasing excessive occupancy fines and minor modifications for rezonings and special exceptions. MayorUmstattd stated she will request an amendment to include balloons as being permitted under the Business Special Events Permit. Vice Mayor Horne expressed her support for the Mayor's amendment and the amendment to allow one employee for home occupation uses. She asked about the fines for political sign violations. Mr. Boucher stated a violator could receive a zoning ordinance violation with a penalty of $100. Council Member Hammier asked where citizens can report instances of possible overcrowding violations. Mr. Boucher stated the complaint form can be found on the Town's website and citizens can submit the reports anonymously. Mayor Umstattd verified the Town receives an average of 20-30 complaints per year. Council Member Reid asked why the Town requires a business special event permit and why it is limited to three times per year. He asked if this other Towns have this type of limit. Mr. Boucher stated if there was no limit then any business could fly pennants, streamers and flags year-round. He stated many jurisdictions are not as generous as the Town. Council Member Reid asked how many complaints staff receives regarding political signs. Mr. Boucher stated he has received three complaints this year. Council Member Reid asked that the paragraph in Section 15.4.12 be removed from the Zoning Ordinance with the exception of the requirement to remove the signs within five days after the election. He stated it is unfair to tell a citizen that they can not display a presidential candidate sign in their Town Council Meeting of April 22. 2008 Paqe 7 yard in April. He stated we are thinking only in terms of the local elections and expressed concern that Council is violating the citizens' right to express themselves. Mayor Umstattd verified Council Member Reid does not want to remove the size regulations in his motion. Council Member Reid asked if there is support for lifting the three event per year limit from the Business Special Event Permit section. Council Member Wright suggested that we start with three events per year. Mr. Boucher cautioned that removing the time limit on signs would allow them to remain up year around. There was further discussion regarding this issue, what is done in other municipalities and how the ordinance would apply to downtown businesses. Mayor Umstattd asked that the H-1 District be exempted from the Business Special Event Permit section. There were no petitioners. The public hearing was closed at 9:00 p.m. Council Member Wright proposed a motion to Approve TLOA 2008- 0001 Zoning Ordinance Text Amendments to Implement Certain Objectives of the 2005 Town Plan and to Update Various Sections with the following amendments; (1) amending Section 9.6.5, Location, to include excluding the H-1 District, (2) Amending Section 9.6.9, Signs, to include under Sub-bullet 3, Streamers, Pennants, Flags and Balloons. The motion was seconded by Council Member Martinez. Council Member Reid proposed a motion to amend Sentence 2 under Section 15.4.12, Temporary Political Signs to read "Such signs shall be removed within five days after the election". Council Member Reid's motion failed for lack of a second. Council Member Reid proposed a motion to amend Sentence 2 under Section 15.4.12, Temporary Political Signs to read "Signs shall not be erected more than 90 days prior to the election." Council Member Reid's motion failed for lack of a second. Council Member Reid proposed a motion to amend Sentence 2 under Section 15.4.12, Temporary Political Signs to read "Signs shall not be erected more than 120 days prior to the election." Council Member Reid's motion failed for lack of a second. Town Council Meetinq of April 22. 2008 Paqe 8 ORDINANCE 2008-0-9 Approving TLOA 2008-0001 Zoning Ordinance Text Amendments to Implement Certain Objectives of the 2005 Town Plan and to Update Various Sections The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 2. Approving TLOA 2008-0002 Zoning Ordinance Text Amendments to Permit Interim Waivers Consistent with Certain Obiectives of the 2005 Town Plan The public hearing was opened at 9:04 p.m. Mr. Boucher stated the Town is working on a form based code and in the interim, this ordinance will allow Council to reduce the set backs, the number of parking spaces required and minimum set backs from different types of streets. Further, he stated Council Member Wright has suggested striking Section E under Interim Waivers to remove the one-year sunset clause. It was the consensus of Council to strike Section E from the ordinance. There were no petitioners. The public hearing closed at 9:08 p.m. On a motion by Council Member Martinez, seconded by Council Member Wright, the following ordinance was proposed: ORDINANCE 2008-0-10 Approving TLOA 2008-0002 Zoning Ordinance Text Amendments to Permit Interim Waivers Consistent with Certain Objectives of the 2005 Town Plan Council Member Wright thanked staff for their efforts on this issue. He stated this improves our process from a business friendly standpoint and brings us into better compliance with the Town Code. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 3. Approving Amendments to Article 5 of the Zoning Ordinance. regarding the Provision of Affordable Dwellinq Units The public hearing opened at 9: 10 p.m. Town Council Meeting of April 22. 2008 Paqe 9 Scott Parker outlined the proposed Leesburg Affordable Dwelling Unit (ADU) Ordinance. He stated the goal of this program is to provide Town residents of moderate income the ability to obtain affordable housing by promoting a full range of housing choices and requiring construction and continuing existence of affordable dwelling units. Further, he stated a Memorandum of Agreement (MOA) with the County will provide the legal framework for cooperation in the administration of this ordinance. Council Member Hammier asked if there is anyway for the Town to direct where the cash-in-lieu payment would be applied. Mr. Parker stated the cash-in-lieu payment will go into the Loudoun County Housing Trust. He stated the number of units that will be applicable to cash-in-lieu will provide an amount of money so small that it would be better to use the existing Loudoun County Trust Fund. Further, Loudoun County will be administering the program for the Town. Council Member Hammier asked if staff has analyzed rezoning opportunities that still exist and the number of units that will be impacted. Mr. Parker stated staff has looked at areas identified for rezoning; however, we have no way to know what the potential density numbers are and how many potential single family detached dwellings could be constructed and fall into the cash-in-Iieu category. Council Member Martinez asked if there would be a certain amount in the Loudoun County Housing Trust that could be allocated to the Town. Mr. Parker stated that could be part of the MOA negotiations. Council Member Schmidt verified all new subdivisions or rezonings with 24 units or more would be required to provide affordable dwelling units. Vice Mayor Horne verified the Board of Supervisors appoints the Affordable Dwelling Unit Advisory Board. There was further discussion regarding the income levels for these units. Council Member Reid verified this ordinance would not affect assisted living and long-term care facilities. He asked how the ordinance would apply to an active adult community. Mr. Parker stated an active adult community would be required to provide ADUs; however, for just cause under the Modifications Section the Planning Commission could recommend not to apply the ADU ordinance. There was further discussion of the Modifications Section. Council Member Reid stated it is his understanding that you can not qualify for an ADU if you have owned a home in the past vear or so. He stated most senior citizens have owned a home in the past and therefore do not qualify. Further, he stated in the future he would like to see if we can do Town Council Meetinq of April 22. 2008 Paqe 10 something to assist impoverished senior citizens who have previously owned a home. Council Member Hammier asked if we are in a position to amend the ordinance tonight to allow persons who previously were homeowners to qualify for an ADU. Mr. Parker stated this is something we can discuss with the County and should be easy to amend. There was further discussion regarding income changes of the ADU buyers and real estate tax rates. Council Member Hammier asked that the Town request a Town representative to the advisory board. Ms. Irby stated she could bring the idea of a Town appointment to the table; however, if the County does not agree to that condition then we don't have anyone to implement our program. Council Member Reid asked that this issue be moved to a future work session. Council Member Hammier asked if a stipulation can be added that those who serve the Leesburg Community receive preference over others. Ms. Irby stated that issue can be added to the negotiations; however, she will have to see if it is permissible under the State Code. Council Member Wright asked if this would apply to the B Zoning Districts. Mr. Parker stated the B Zoning Districts would not be included unless there was a rezoning. There were no petitioners. The public hearing closed at 10:00 p.m. On a motion by Vice Mayor Horne, seconded by Council Member Reid, the following ordinance was proposed: ORDINANCE 2008-0-11 Approving Amendments to Article 5 of the Zoning Ordinance, regarding the Provision of Affordable Dwelling Units Council Member Schmidt stated he can not support this issue as it is being mandated versus providing incentives. Further, he stated there are a number of questions that have been raised. Vice Mayor Horne stated there are work force housing issues across our region. She stated there are some very valid questions that need to be worked out in the MOA; however, she is very proud of this action. Town Council Meeting of April 22. 2008 Paqe 11 Council Member Hammier stated she would've liked to have more information on this issue. Council Member Wright expressed support for this ordinance. He stated it is a real opportunity to partner with the County and brings us another valuable tool. Council Member Reid stated he is also ready to support this item; howeverl he would like a work session discussion at a future date to address concerns regarding senior housing, the makeup of the advisory committee and the cost to the Town. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: Schmidt Vote: 6-1 4. Amending the Town Code Setting Tax Rates on Real Estate. Tangible Personal Property and Bank Capital for Tax Year 2008 The public hearing opened at 10:07 p.m. There were no petitioners. The public hearing closed at 10:08 p.m. On a motion by Council Member Martinez, seconded by Council Member Wright, the following ordinance was proposed: ORDINANCE 2008-0-12 Amending the Town Code Setting Tax Rates on Real Estate, Tangible Personal Property and Bank Capital for Tax Year 2008 Council Member Reid stated he will vote against this ordinance as Council could have worked harder to reach a 17.5 cent rate. He stated the 18 cent rate will only give the average single family detached homeowner a $42 savings. Further, he stated there is more that could be cut from the budget. Council Member Wright stated we have done a lot to get to an 18 cent rate. He stated one of the most important things Council did this year was focus on the bill, which will be important to continue to do once the economy increases. Further, he stated he is happy to adopt a tax rate that reduces the average tax bill. Council Member Hammier stated the average tax rate will be reduced by lOA percent across the board for homeowners. Council Member Martinez stated if we left the budget like last year the equalized tax rate would've been 19.25 cents. Council Member Reid stated because the County increased the assessments on commercial property we are not giving the businesses a tax Town Council Meetinq of April 22. 2008 Page 12 break. He stated it is good that we are giving homeowners a little break; however, we could've done better given a half cent could have been taken out of the economic development advertising budget. Vice Mayor Horne thanked Mr. Wells and staff for their efforts on the budget. Further, she stated we require a super majority to approve the tax rate. Council Member Schmidt thanked Mr. Wells and staff for their efforts on the budget. Further, he thanked Council Member Wright for asking the tough questions and getting the rate to 18 cents. Mayor Umstattd praised Council Member Wright and all members of Council for their efforts on the budget. The motion was approved by the following roll call vote: Aye: Hammier, Horne, Martinez, Schmidt, Wright and Mayor Umstattd Nay: Reid Vote: 6-1 5. Adopting the Budget for Fiscal Year 2009: Making Appropriations for the General Fund. Utilities Fund. Airport Fund. and Capital Projects Fund: Amending the Town Code Settinq Airport User Fees: Setting Fees for Airport Hangers and Tie-Downs: and Settinq Certain Fees for the Ida Lee Recreation Center The public hearing opened at 10: 16 p.m. Peter Dunninq, Bluemont Concert Series, urged Council to restore funding for the Bluemont Concert Series and thanked Council for their continued support. The public hearing closed at 10:18 p.m. On a motion by Council Member Wright, seconded by Council Member Martinez, the following ordinance was proposed: ORDINANCE 2008-0-13 Adopting the Budget for Fiscal Year 2009; Making Appropriations for the General Fund, Utilities Fund, Airport Fund, and Capital Projects Fund; Amending the Town Code Setting Airport User Fees; Setting Fees for Airport Hangers and Tie-Downs; and Setting Certain Fees for the Ida Lee Recreation Center Vice Mayor Horne verified the Ida Lee rates will stay consistent for Leesburg residents. Council Member Martinez proposed a motion to amend by fully restoring the Bluemont Concert Series to $13,400. The motion to amend was seconded by Council Member Hammier. Town Council Meetinq of April 22. 2008 Page 13 Council Member Reid said this sets a bad prescient. Vice Mayor Horne stated she is concerned with the last minute effort as this is not an equitable situation. The motion to amend failed by the following vote: Aye: Hammier, Martinez and Schmidt Nay: Horne, Reid, Wright and Mayor Umstattd Vote: 3-4 Council Member Wright stated the Bluemont allocation by our formula should be $10,000. He proposed a motion to amend their allocation to $10,000. The motion was seconded by Council Member Martinez. The motion to amend was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Wright and Mayor Umstattd Nay: Reid Vote: 6-1 Council Member Reid stated he would like to see Bluemont seek sponsorships from local businesses. Council Member Wright stated he appreciates staff's hard work in giving Council a good starting point. Further, he stated he was impressed by staff members coming forward and finding a way to seek efficiencies. Council Member Hammier stated John Drury has written to Council again regarding the Lawson Road Bridge and asked if there are any solutions Council should consider from a budget perspective. Mr. Wells stated there are no solutions to consider in the budget and stated staff is prepared to offer suggestions after the budget discussions. Council Member Hammier thanked Mr. Wells and staff for their efforts on the budget. Council Member Reid thanked Council, especially Council Member Wright and Vice Mayor Horne for their proposals this year. The motion was approved by the following roll call vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Hammier, seconded by Council Member Wright, the following resolution was proposed: Town Council Meetinq of April 22. 2008 Paqe 14 RESOLUTION 2008-59 Continuing the Revenue Stabilization Reserve at $1,400,000 for Fiscal Year 2009 Vice Mayor Horne stated the reserve has doubled and the Council and Town staff should be congratulated for their efforts. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Reid, seconded by Vice Mayor Horne, the following resolution was proposed: RESOLUTION 2008-60 Adopting the Fiscal Year 2009-2013 Capital Improvement Program in the Amount of $118,305,795 The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Reid, seconded by Council Member Wright, the following resolution was proposed: RESOLUTION 2008-61 Supplementing the Objectives for Fiscal Year 2009 Adopted Town Budget Council Member Reid congratulated Council for their excellent suggestions stating he is pleased to have objectives set. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Hammier, seconded by Council Member Wright, the following resolution was proposed: RESOLUTION 2008-62 Requesting joint meetings between Loudoun County Board of Supervisors and the Leesburg Town Council The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Town Council Meeting of April 22. 2008 Page 15 Vote: 7-0 6. Approving an Amendment to the Town Code Regarding the Human Resources Manual The public hearing opened at 10:43 p.m. Kathy Leidich stated these documents are the culmination of seven months of effort by 13 staff committees. Further, she stated this is a codification of current practices. Council Member Reid asked Mr. Wells to clarify the procedure if there is a reduction in force. Mr. Wells stated if there was a reduction in force the effected employees would be placed at the top of the roster so the Town tries to maintain full employment given a reduction in position. He stated this is standard practice in many organizations. Council Member Reid verified the manual does not guarantee employment for anyone. He stated there is a lot of material to cover and he would not want to vote on this item tonight. There were no petitioners. The public hearing closed at 10:47 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following ordinance was proposed: ORDINANCE 2008-0-14 Approving an Amendment to the Town Code Regarding the Human Resources Manual The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Reid abstaining) H. Legislation ORDINANCES None CONSENT AGENDA On a motion by Council Member Reid, seconded by Council Member Wrig ht the followi ng consent agenda was proposed: 1. RESOLUTION 2008-63 Reducing Performance Guarantees for Public Improvements, Oaklawn Townhouses, Section I Town Council Meeting of April 22. 2008 Paqe 16 2. RESOLUTION 2008-64 Amending the FY 2008-2012 Capital Improvement Program for Streets and Highways to include construction of Battlefield Parkway between Tavistock Drive and Kincaid Boulevard 3. RESOLUTION 2008-65 Authorizing offer to acquire easement and condemnation if offers are not promptly accepted for Battlefield Parkway - REHAU The consent items were approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA 4. On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following resolution was proposed: RESOLUTION 2008-66 Endorsing the Town Flag Design Contest Council Member Reid proposed a friendly amendment to increase the children's competition age range from 2-14 years old. Vice Mayor Horne proposed a friendly amendment to increase the children's competition age range from 2-18 years old. The friendly amendment was accepted. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 5. Making an Appointment to the Planning Commission On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following resolution was proposed: RESOLUTION 2008-51 Making an appointment to the Planning Commission - Doris Kidder The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and Mayor Umstattd Nay: None Vote: 7-0 I. BOARDS AND COMMISSIONS 1. Airport Commission Vice Mayor Horne reported she missed the last meeting due to her attendance at a Council budget work session. Town Council Meetinq of April 22. 2008 Paqe 17 2. Thomas Balch Library Commission Council Member Schmidt reported the Commission held a retreat in April and stated he was not able to attend due to business travel. Further, he urged citizens to attend the Library's 250th Anniversary Lecture Series. 3. Board of Architectural Review Council Member Reid reported he missed the last meeting due to his attendance at a Council budget work session. 4. Cable Television Advisory Commission Council Member Hammier stated the Commission is looking to direct the franchise holders to place stickers on their utility boxes. Mayor Umstattd stated she received an email from a Cable Commissioner who is concerned about the franchisee's compliance. She stated it is her understanding that the issue has been discussed by the Commission. 5. Commission on Public Art Council Member Martinez reported the Commission is getting ready to present their guidelines to Council. Mayor Umstattd stated she met with Marybeth Mohr and Melinda Kramer today regarding the issue of public art and she recommended in future years when the business awards are presented that a category be included for best public art. 6. Economic Development Commission Council Member Martinez reported he missed the last meeting due to his attendance at a Council budget meeting. 7. Environmental Advisory Commission Council Member Hammier stated an issue was raised regarding the outdoor pool run-off at Ida Lee. Further, she commended the Commission for their hard work at the Flower and Garden Festival. 8. Information Technology Commission Council Member Martinez reported he missed the last meeting due to his attendance at a Council budget meeting. 9. Parks and Recreation Commission No report. 10. Planning Commission Council Member Wright stated the last meeting was cancelled. 11. Tree Commission Council Member Reid thanked the Girl Scouts for their report tonight. 12. Standing Residential Traffic Committee Council Member Reid stated two residents have expressed concern with speeding on Plaza Street and staff is looking at placing the smart trailer there. He stated they also requested a sidewalk and he was pleased that Town Council Meetinq of April 22. 2008 Page 18 Council added that project to the CIP footnote. Further, he stated a resident of Linden Hill complained about the difficulties of turning onto Route 15 because of the trucks and the Committee is looking at possible remedies. J. OLD BUSINESS There was no discussion of the following items: 1. Parking Summit 2. Loudoun Street Development Options Follow-up a. Survey b. Community meeting 3. Joint BOS/Council Meeting 4. Future Plans for Cangiano Tract 5. Town Code Amendment - noise related issues 6. Site Plan review time limits 7. Councilmanic Liaison Code Changes 8. Special Exception requirements for similar uses K. NEW BUSINESS (FOR CONSIDERATION TONIGHT) 1. Planning Commissioner Certification L. COUNCIL COMMENTS Council Member Reid reminded citizens of the municipal elections on May 6. He thanked Council for the Odyssey of the Mind team stating they have to raise $6,000 and are selling Yankee Candles. He stated he has signed up to be one of the many people reading the bible during the event Sunday through Thursday and encouraged others to sign up. He stated he is very proud of Council for the budget; however, we need to do better next year. He stated staff did a commendable job with the budget and Council Member Wright provided some excellent cuts, but we could have done much more as Leesburg taxpayers pay a Town and County tax. He commented on the work of the Downtown Improvement Association (DIA) stating he looks at them as helping our economic development department. He thanked the DIA for holding the recent candidates forum. He stated he hopes the County will do a better job next year on the budget and taxes. He mentioned Mr. Drury's letter regarding Lawson Road stating it is a terrible problem and he has asked many times to have the Standing Residential Traffic Committee (SRTC) and Council to close the road on weekends or in the summer. He stated the fire department and school busses want it open until Battlefield Parkway is completed. He stated the SRTC should've been involved in the Meade Drive issue. He asked if this issue comes up again that it be referred to the SRTC to allow the residents to have more time to talk rather than standing up at a Council Meeting. Council Member Wriqht reported the Form Based Code Steering Committee meeting was held today and there was a very good turn out. He stated the first Town Council Meetinq of April 22. 2008 Page 19 draft of the regulating plan and code documents have been reviewed. He stated on May 22 two public information sessions will be held in the afternoon and evening. He stated May 31 is the Relay for Life. He stated the team membership is growing and encouraged Council and Board and Commission members to sign up. He referred interested individuals to visit www.westernrelay.org for more information. He stated he is very happy the budget is done stating we are now able to move onto other issues. He reminded citizens of the municipal elections on May 6. Council Member Hammier thanked Council and staff for their team work on budget. She thanked her family for their support during the budget work sessions. She stated the Virginia Tech Memorial Ceremony on April 12 was very moving and thanked all involved. She stated the National Guard is coming home this week and thanked the Greenway and all involved for their support. Council Member Martinez thanked Council for working together to get the budget done. He echoed Council Member Hammier's comments on the VA Tech Memorial Ceremony. Further, he stated he will be attending his daughter, Whitney's, graduation at VA Tech in a couple of weeks. He commented on the Government Steps Relay for Life Team stating there are 23 members who have raised 40 percent of the fund raising goal. He stated Council Member Wright has taken the lead in fundraising. Further, he thanked all of the team members and encouraged individuals to contribute to the Team. Vice Mavor Horne stated she enjoyed the Loudoun Arts Academy function at the Thomas Birkby House. She commented on the welcome home festivities for the National Guard stating they deserve every bit of respect and honor that they get. She thanked Council for supporting Keep Leesburg Beautiful and reminded everyone that we do not have to stop cleaning up the community. She extended her appreciation to staff and residents who attended the VA Tech ceremony. She asked that a discussion of the use of the log cabin be added to the next work session. She stated her daughter Emily will be graduating from Shepherd University in May. Council Member Schmidt reminded citizens that they can vote early for the Town Elections at the Registrar's Office. He commented on the professionalism of the Town staff with the Flower and Garden Show and the budget. M. MAYOR'S COMMENTS Town Council Meetinq of April 22. 2008 Page 20 Mavor Umstattd thanked Vice Mayor Horne for continuing Keep Leesburg Beautiful stating it was a wonderful event. She thanked her daughter Kendrick for her efforts in cleaning Foxridge Park. She thanked Jay Banks and Bruce Dewar for helping her accept the 19th Annual Tree City Award. She stated the National Guard Troops will be returning Friday. She stated the Greenway is waiving the tolls and hanging banners. She stated the Chamber of Commerce has done a wonderful job organizing the businesses to create gift baskets for the families. Further, she thanked all the spouses and family members who are organizing this event. She commented on the emails regarding the waterline to Purcellville and Round Hill issue. She read and email from the Town of Purcellville to Mr. Wells commenting on long-term water interconnection issues. Further, she stated she does not favor sending Leesburg water west to Purcellville. N. MANAGER'S COMMENTS Mr. Wells asked Tom Mason to report on Mr. Drury's concerns with the Lawson Road Bridge. Tom Mason stated during a recent storm where the bridge gates were closed on Lawson Road someone drove around the gate into Mr. Drury's yard. He stated a couple of years ago when this first occurred the Town put large rocks and boulders on the other side of the street; however, Mr. Drury did not want anything placed in his yard. He outlined Council's resolution from 1996 stating the Lawson Road crossing would be closed once the Battlefield Parkway section from Route 7 to Sycolin Road is complete. Further, he stated another option would be to close Lawson Road once the Battlefield Parkway/Greenway intersection is completed. Mayor Umstattd stated she would support holding a public hearing. She stated Mr. Drury had asked a couple of years ago that Council reevaluate Lawson Road once the new access to the Greenway was available. Further, she asked if we have land on Town right-of-way to place large rocks to protect Mr. Drury's property. Mr. Mason stated if something were placed in the right-of-way a determined individual could still cut through Mr. Drury's front yard. Council Member Hammier asked if a sign could be placed on Lawson indicating the road is closed. Mr. Wells stated there is a sign at the top of the road indicating the road is closed in addition to a large gate. He stated the individual who drove through Mr. Drury's yard was very determined and had to drive over the curb to get around the gate. Further, he stated staff could provide an update at the next work session and schedule a public hearing for the second meeting in May. Council Member Hammier stated she supports the public hearing process. She asked if increased enforcement could be implemented if we have another significant rain fall. Mr. Wells stated staff could put up additional signage. Town Council Meeting of April 22. 2008 Paqe 21 Council Member Wright stated he supports a discussion of this issue. He stated this safety issue has existed for a long time and he understands Mr. Drury's frustration. Vice Mayor Horne stated our public safety personnel are monitoring that road. Council Member Reid stated he does not see how opening the Greenway ramp is going to be beneficial to the citizens who use Lawson Road to access Route 7. He stated the school system uses Lawson Road as a crossing because the Bypass is heavily congested. He stated the best solution maybe to fence off the creek. He stated there are also issues with speeding and cut through traffic. Further, he stated he has proposed closing the road on the weekends or during the summer, but Lawson residents have not asked for this. Mr. Wells complimented staff including Parks and Recreation, Police, Streets for their efforts with the Flower and Garden Festival. He thanked Ms. Debi Parry and staff for their efforts with the 250th Anniversary Merchandise Booth. Further, thanked Council for their support of everything needed for all of the Town events. Mr. Wells discussed preparations underway for the upcoming Town elections and notifications related to the polling place change. Mr. Wells stated staff is moving forward with the implementation of the LMIS throughout the Town as part of the overall development process improvements. Mr. Wells thanked Council for the professional job they did in handling the budget. o. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting was adjourned at 11:43 p.m. Kn . Umstattd, Mayor Town of Leesburg (\. \1~ ( ATTEST: , ,I r c \Jl .'.-.. Clerk of Council \ 2008_ TCMI N0422