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HomeMy Public PortalAbout2008_07_08 COUNCIL MEETING July 8, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Martinez arrived at 8:59 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Engineering and Public Works Tom Mason, Zoning Administrator Brian Boucher, Planner Chris Murphy and Management Specialist/Deputy Clerk of Council Debi Parry AGENDA A. Invocation by Vice Mayor Hammier ITEMS B. Salute to the Flag was led by Mayor Umstattd C. Roll Call showing Council Member Martinez arriving at 8:59 p.m. Mayor Umstattd asked that the agenda be amended to add a new business item to appoint members to the Standing Residential Traffic Committee. D. Minutes 1. Work Session Minutes of June 23, 2008 On a motion by Vice Mayor Hammier, seconded by Council Member Reid, the minutes were passed 4-0-2-1 (Butler and Dunn abstaining and Martinez absent) 2. Regular Session Minutes of June 24, 2008 On a motion by Council Member Wright, seconded by Council Member Hammier, the minutes were passed 4-0-2-1 (Butler and Dunn abstaining and Martinez absent) E. Presentations 1. Certificates of Appreciation - Brian Rolston On a motion by Council Member Hammier, seconded by Council Member Butler, the certificate was passed 6-0-1 (Martinez absent). 2. Certificates of Appreciation - Peggy Coleman On a motion by Council Member Hammier, seconded by Council Member Butler, the certificate was passed 6-0-1 (Martinez absent). 3. Certificates of Appreciation - Outgoing Board and Commission Appointees On a motion by Council Member Hammier, seconded by Council Member Butler, the Certificates were passed 6-0-1 (Martinez absent). William Whyte Ned Kiley Lawrence Rosenstrauch Shirley McClain Hall Melinda Kramer Robin Martohue Town Council Meetinq of Julv 8. 2008 Page 2 Terry Young Marion Wolf Brian Rolston Michael Ricciardelli Scott Kaine Max Peterson Terry Elvers Gaelyn Robinson Dennis Brake David Kirsten 4. Proclamation - National Payroll Week On a motion by Council Member Reid, seconded by Council Member Wright, the Proclamation was passed 6-0-1 (Martinez absent) F. Petitioners The petitioners section was opened at 7:44 p.m. Tom Marshall, Loudoun County School Board, congratulated Council Members Dunn and Butler, Vice Mayor Hammier and Mayor Umstattd. He thanked Council and staff for their cooperation in the School Board's acquisition of the O'Connor property stating he looks forward to continued cooperation as HS-5 is constructed. Further, he stated three names are being considered for the high school including Old George Towne High School, Tuscarora High School and Leesburg High School and asked for Council's preference. Council Member Reid asked if the School Board had considered naming the school for General Marshall. Mr. Marshall stated there is a school named for him in Fairfax County. Council Member Reid suggested naming the school for Westmoreland Davis. Mr. Marshall stated his original thought was to name the school Davis Monroe High School after Westmorland Davis, as the property backs to Moven Park, and James Monroe, as James Monroe Highway fronts the school property. Vice Mayor Hammier stated she would support an official vote of Council endorsing one of the names in August. She asked if there is any supporting history on the Tuscarora High School name other than that they were a group of Native Americans that traveled through Leesburg. Mr. Marshall stated there are individuals who are of Tuscarora Indian decent; however, he is not sure of their history in the area. Council Member Dunn stated he served on the naming committee for Smarts Mill Middle School. He stated he likes the name Old George Towne High School because it will cause people to ask where the name came from and discover the history of the name. Further, he stated he also likes Leesburg High School. Mayor Umstattd suggested if the School Board decides to name the school Tuscarora High School they should invite Johnny Rocca, Chief of the Tuscarora Tribe, to do a blessing. She supported the idea of taking a formal vote in August. She stated she likes Leesburg High School; however, she Town Council Meetinq of July 8. 2008 Paqe 3 fears people will get confused thinking it is the only High School in Leesburg when we will actually have three. She expressed her preference for Tuscarora High School because of the Native American association and because the Tuscarora Creek flows through Leesburg. Further, she expressed her desire for a formal vote in August and her appreciation to the School Board for their outreach to the Town. David Kirsten, former IT Commissioner, expressed concern with Council's recent decision to combine the IT and Cable Commissions. He stated the reason that commissioners serve is because they love the community, not the money. He stated Council's decision to enact this policy change without talking to the commission members or holding a public input session shows a lack of respect. Further, he expressed concern that the membership requirements for commissions allow non-Leesburg residents to serve, stating he was disheartened that Council Member Reid's motion to restrict commission membership to Leesburg residents was not seconded. Sandy Kane, 815 Kenneth Place, congratulated the new and reelected members of Council. She expressed concern that Council did not make appointments to the Standing Residential Traffic Committee during the organizational meeting and urged Council to do so tonight so that the Committee can hold their meeting on July 14. She concurred with Mr. Kirsten's comments and asked that Council respect their volunteers and not change the game rules for the Committee at this point. Further, she asked Council to defer the consideration of a crosswalk on Battlefield Parkway until after the Standing Residential Traffic Committee has had the opportunity to provide a recommendation. Teresa Minchew, Board of Architectural Review, congratulated the new and reelected members of Council. Ms. Minchew urged Council to oppose the proposed changes to the BAR appeals process. She asked that the members of the BAR be given the opportunity to look at the appeals process and make recommendations as needed. She stated she does not oppose the proposed time limits for action; however, she is concerned with the proposal that the projects are deemed approved if no action is taken by the BAR within the given time limit. Further, she commented on the impact that this proposal could have if the BAR were not able to act within the time limit due to the lack of a quorum. Mayor Umstattd stated she appreciated the concerns Ms. Minchew stated in her email and asked her to address her concerns regarding a lack of quorum. Ms. Minchew stated when an application is received it is frequently incomplete and sometimes more than one meeting is required for the BAR to have the information needed to make a decision. She stated in this case if there happened to be a lack of a quorum or a tie vote at the second meeting then the application would be deemed approved. Further, she stated the BAR has had issues with reaching a quorum because there are members who are very involved in the downtown community and if there are other issues such as vacations or illness then it is quite possible that there may not be a quorum. Town Council Meetinq of Julv 8, 2008 Page 4 The petitioner's section was closed at 8: 10 p.m. G. Public Hearing 1. Loudoun County Fire and Rescue Services Warehouse Facility Outdoor Storage The public hearing was opened at 8: 11 p.m. Chris Murphy stated the applicant is seeking approval to place up to four storage sea containers in an existing loading area at 14 Cardinal Park Drive. He stated staff and the Planning Commission have recommended conditional approval. Further, he stated this special exception will terminate with the County's lease of this property. Maria Taylor, Loudoun County representative, thanked Council for their consideration of this item. Council Member Reid asked the applicant about the special exception process. Ms. Taylor, Loudoun County, stated the process was smooth and the staff was very helpful. Council Member Reid stated it is good hear positive stories about the process. He verified this site would be used as a temporary fire house during the construction the Loudoun Street Station. Council Member Wright apologized for being out of the room during the presentation stating he saw the presentation at the Planning Commission public hearing. There were no speakers. The public hearing was closed at 8:17 p.m. On a motion by Council Member Dunn, seconded by Council Member Butler, the following was proposed: RESOLUTION 2008-105 Approving Special Exception TLSE 2008-0002 Loudoun County Fire and Rescue Warehouse Outdoor Storage to permit outdoor storage in sea containers as part of Suite 103, 14 Cardinal Park Drive, SE in the Cardinal Industrial Park The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 2. Council Rules of Procedure The public hearing was opened at 8: 18 p.m. Jeanette Irby stated under Section 8.1 (Special Rules of Order) the second paragraph should be deleted entirely or amended to read "During Town Council Meeting of Julv 8. 2008 Page 5 Council Meetings, Council deliberations will be held among Council Members and the Council may invite other participants unless a Council Member objects." She stated it could also be amended to require a majority or super majority to object. Council Member Wright suggested deleting this section and revisiting the issue at a later time if needed. He stated the change being made in the Ordinance will allow amendment of the rules of order when necessary. It was the consensus of Council to delete this paragraph. Mayor Umstattd stated in Section 8.1, paragraph three, there is a choice of a majority or two-thirds of the members present and voting for overturning the rulings of the chair. It was the consensus of Council to require two-thirds of the members present and voting to overturn a ruling of the chair. Mayor Umstattd stated the next to the last bullet reads "Any motion may be subject to a friendly amendment whereby the mover may accept an amendment to the original motion. The amendment must be accepted and seconded and agreed to by both parties." There was further discussion of this item and it was the consensus of Council to delete this paragraph and add language to the third bullet to read, in part, "modified by the mover with concurrence of the seconder". Council Member Reid proposed an amendment to the second paragraph of Section 8.1 (Special Rules of Order) to read "During Council Meetings, Council deliberations will be held among Council Members unless the Chair consents to invite other participants and there is no objection". It was the consensus of Council to accept the amendment. Ms. Irby asked Council to designate a requirement of a majority or two-thirds vote in Section 9 pertaining to changing the time and place of a meeting. It was the consensus of Council to require a two-thirds vote for this item. Ms. Irby verified Council is comfortable with the language suggested by Council Member Butler for Section 11 which reads, "if a quorum fails to exist, the meeting shall stand adjourned to a time and place agreed upon by a majority of the members present". There were no speakers. The public hearing was closed at 8:30 p.m. It was the consensus of Council to return to discussion of this time later in the meeting to allow Ms. Irby to make the amendments stated above. Town Council Meetinq of July 8. 2008 Page 6 Council returned to the discussion of this item at 9:49 p.m. On a motion by Council Member Wright, seconded by Council Member Reid, the following was proposed: ORDINANCE 2008-0-18 Amending Section 2.20 (Time and Place of Regular Meetings), Section 2.21 (Quorum; Procedure in Absence of Quorum at Council Meetings), Section 2.23 (Time Limits for speakers at Council Meetings), Section 2.24 (Conduct of Council at Council Meetings), Section 2.25 (Use of Robert's Rules of Order at Council Meetings) of Article 2 (Council Rules of Procedure) of the Leesburg Town Code The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Council Member Wright proposed a motion to approve with the edits as discussed for Section 8 and including the addition of "two-thirds" vote where there was debate between "majority" and "two-thirds", The motion was seconded by Council Member Butler. RESOLUTION 2008-106 Adopting the Ordinance Change to Sections 2-20 through 2-26 of Article II of the Leesburg Town Code The motion was approved by the following vote: Aye: Dunn, Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 H. Legislation CONSENT AGENDA Council Member Wright asked that the Special Events Policy be removed from the Consent Agenda. Vice Mayor Hammier asked that the Federal Aviation Administration Other Transactional Agreement be removed from the Consent Agenda. On a motion by Council Member Wright, seconded by Council Member Reid, the following Consent Agenda items were proposed: 3. Authorizing an offer to acquire an easement for N. King Street CIP RESOLUTION 2008-107 Declaring that a public necessity and use exist and authorizing an offer to acquire a permanent easement from PIN 230-18-3564 for the North King Street Drainage Improvements Project Town Council Meetinq of July 8. 2008 Paqe 7 4. Authorizinq an offer to acquire an easement for Countrv Club Estates Drainaqe CIP RESOLUTION 2008-108 Declaring that a public necessity and use exist and authorizing an offer to acquire a permanent easement from PIN 272-38-5124 for the Country Club Drive Drainage Improvements Project The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) REGULAR AGENDA 5. Federal Aviation Administration Other Transactional Aqreement On a motion by Council Member Wright, seconded by Council Member Reid, the following was proposed: RESOLUTION 2008-109 Approving Other Transactional Agreement with the Federal Aviation Administration for the Design and Construction of Grading for an Instrument Landing System for Runway 17, and Authorizing the Town Manager to Execute this Agreement Vice Mayor Hammier stated she asked that this item be removed from the Consent Agenda because the funding is not absolutely secure at this point. She stated Council had a discussion yesterday relative to steps to ensure the Town is fully reimbursed for this project; however, because there is a deficit she did not feel it was appropriate to place the item on the Consent Agenda and not make it known that Council is conscious of the situation. Council Member Dunn asked how the Town would be reimbursed for expenses if the FAA does not come through with their funding, Mr. Wells stated he does not foresee an issue since the appropriation has been made for the first $400,000. He stated he would not recommend moving forward with construction unless the FAA and the Federal Government put in place an actual appropriation for the additional funding needed. Vice Mayor Hammier stated was moving forward with this transaction so as not to place the federal funding allocated to us in jeopardy as the allocations will expire. She stated it is a better use of staff's time and a better return on that investment if we get involved in actually managing the project. The motion was approved by the following vote: Aye: Dunn, Butler, Hammier, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 6. Special Events Policv Town Council Meeting of July 8. 2008 Paqe 8 Council Member Wright proposed a motion for approval of the Revised Leesburg Special Events Policy with the deletion of Section G on page three. He stated this Section currently reads, "The Town Attorney will review fee waiver requests to determine if a proposed event meets the requirements per the Code of Virginia" as the Town Attorney has already determined that she will not waive any fees. The motion was seconded by Council Member Butler. RESOLUTION 2008-110 Approving the Revised Leesburg Special Events Policy Council Member Dunn stated the resolution refers to both calendar days and work days and asked that the document be consistent. He stated in Section 11 - Special Events Permit Denial, we require that a person apply for a permit 120 days in advance; however, we can take up to 45 work days to deny the application which is two months. He stated the original time was 10 working days and now we are at two months. Further, he commented on Item 9 prohibiting peddlers at special events and asked if the vendors he has seen at Town special events are unlicensed. Ms. Irby stated the Town Code provides for peddlers. she stated this was designed to prevent someone from getting a peddlers license and participating in someone else's special event. Council Member Dunn asked if peddler permits designate a certain time period during which a peddler can operate in the Town. Ms. Irby stated the permits are issued for a certain period of time. Further, she stated there is also an application fee and required background check. Council Member Dunn expressed concern with contradictory policies and recommended deferring the item for two weeks. Council Member Wright suggested replacing "working days" with "days" throughout the document. He asked Kaj Dentler if he had any information regarding why the section addressing peddlers is needed. Council Member Butler accepted the friendly amendment. Mr. Dentler stated he was not part of the development of the policy. He stated the Town Parks and Recreation Department tries to avoid peddlers at our Town events. Council Member Reid stated he is concerned that this amount of detail will be handed to each applicant. Mr. Dentler stated anyone applying to hold an event in the Town would go through this process. Town Council Meeting of July 8. 2008 Page 9 Council Member Reid asked if each individual vendor would receive this information. Mr. Dentler stated this is only for an individual who is applying to hold an event in the Town. He stated Council Member Dunn commented on the time; however, it is important that staff have adequate time to evaluate each event. He stated this benefits staff and the event organizers. Council Member Reid asked how many pages are in the current policy. Mr. Dentler stated he is not certain. Council Member Reid asked if the policy is part of a contract that must be sig ned. Mr. Dentler stated the policy is part of the special event process that each applicant must go through to certify what they are doing. Council Member Reid expressed support for Council Member Wright's suggestion that the word "working" be removed so the process is 45 days. He stated at most only 10-12 event organizers have to go through this process. Council Member Wright stated he believes the current guidelines are at least equivalent in length. Mayor Umstattd asked if Council Member Dunn wished to table the item until the next meeting. Council Member Dunn asked Council Member Wright to clarify his friendly amendment. Council Member Wright stated his amendment would replace "working days" with "days" wherever it appears in the document. He stated this would change the review time period from "45 working days" to "45 days", which he believes was staff's intent after the work session discussion. After further discussion it was the desire of Council to proceed with the vote. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 7. Technoloqv and Communication Commission Council member Butler stated he spoke with Council Member Martinez who expects to arrive around 9:05 p.m. and asked if the agenda should be adjusted accordingly. Mayor Umstattd stated she appreciates that Council Member Martinez is trying to get here as quickly as he can; however, she would not want to delay the meeting. Town Council Meetinq of July 8. 2008 Paqe 10 Council Member Wright proposed a motion to make appointments to the Technology and Communication Commission allowing for transition membership of 10 members to include the members of the Cable and IT Commission whose terms have not expired. The motion failed for lack of a second. Council Member Reid proposed a motion to appoint seven members to the Technology and Communication Commission. The motion was seconded by Vice Mayor Hammier. RESOLUTION 2008-111 Making Appointments to the Technology and Communication Commission Council Member Wright stated the seven member option has openings for nominees from Council Member Reid, Council Member Martinez and himself. Further, he nominated JB Anderson to the Commission. Mayor Umstattd verified the members listed would be Sandra Smallwood, Evan Macbeth, Marc Le Maitre and Tom Coleman. She stated there are three blanks in the resolution to be filled by Council Members Martinez, Reid and Wright. Further, she verified Council Member Wright would like to nominate JB Anderson. Council Member Reid stated he would like to bring forward his nominee at the next meeting. Mayor Umstattd verified Council Member Martinez has not presented a nominee for this Commission. Council Member Dunn proposed a motion to table the item until 9:30 p.m. The motion failed for lack of a second. Vice Mayor Hammier stated Council Member Wright has proposed the nomination of J.B. Anderson and asked if it would be possible for the Council body to nominate the other two members. She stated she would like the Council to appoint Oliver Peters to the Commission. Council Member Wright stated we are bound by the process we adopted for appointments which states that each Council Member has the option to make their appointment. He stated Council didn't want to adopt the broader transition plan so under our rules each Council Member has an option concurrent with their term. Council Member Reid stated he would be happy to appoint Mr. Peters to the Commission. He stated he had wanted to speak with his appointees to the former IT and Cable Commission; however, he has no problem moving forward with Mr. Peters. Town Council Meeting of Julv 8, 2008 Page 11 Mayor Umstattd stated that will leave just one vacancy for Council Member Martinez to fill. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) JB Anderson, former Cable Commission Chairman, thanked Council for their action stating this is a good balance to help us move forward. I. Old Business There was no discussion of the following items: 1. Future Plans for Cangiano Tract 2. Site Plan review time limits J. New Business (For Consideration at Tonight's Meeting) 1. Making Appointments to the Standing Residential Traffic Committee Council Member Reid proposed a motion to appoint Liz Whiting, Sandy Kane and Donald Eaves to the Standing Residential Traffic Committee (SRTC). RESOLUTION 2008-112 Making appointments to the Standing Residential Traffic Committee Mayor Umstattd stated the proposed appointments before Council are Donald Eaves (NE Quadrant), Ned Kiley (NW Quadrant), Sandy Kane (SE Quadrant), Paul Corcoran (SW Quadrant), Liz Whiting (at large), Frank Holtz (at large) and Cristiane Vila Verde (at large). She stated the three at large members are from the NE Quadrant. Vice Mayor Hammier seconded Council Member Reid's motion to appoint Liz Whiting, Sandy Kane and Donald Eaves. Council Member Wright apologized that the question he asked last night may have been misperceived by the public; however, last night he did not have the detailed information in front of him that he now has. He stated the resolution presented last night did not clearly outline which individuals would be appointed to each position. He stated the other reason he was not prepared to act last night was that usually the Town will advertise openings on boards and commissions; however, he does not believe that any ads were run and anyone who wanted to express an interest did not have the opportunity. Further, he stated based on the fact that the Committee cannot meet until the members are appointed he is ready to move forward; however, he is concerned that the motion before us does not appoint all of the individuals listed. Council Member Reid stated he spoke with Dr. David Miles who indicated he would be willing to stay on. He stated that would give us four incumbent members until Council can establish a fair process for appointing citizens. He stated there was no advertisement and he wanted to have the Town Council Meetinq of July 8. 2008 Paqe 12 incumbents present for the meeting on July 14 to establish a quorum. He stated the Committee was established by Resolution and can be amended without a public hearing. He stated he emailed proposed language late in the day which will allow for the advertisement for the remaining vacancies as Council Member Dunn indicated he has individuals he would like considered. Further, he stated he feels this should not be a Councilmanic appointment, rather the Council should confirm whomever applies. Council Member Martinez stated there would not be a quorum with three. Council Member Reid stated he could withdraw the motion and ask that the incumbent members of the committee carryover so there are four. Council Member Martinez stated he does not recall advertising vacancies on the SRTC in the past. He stated he has no problem moving forward with all of the names proposed. Council Member Reid withdrew his motion and proposed a motion to carry forward the incumbent members of the Committee including Miles, Whiting, Kane and Eaves. He stated this would establish a quorum for the July 14 meeting, giving Council the opportunity to amend its process. The motion failed for lack of a second. Council Member Butler proposed a motion, seconded by Council Member Martinez, to appoint Donald Eaves, Ned Kiley, Sandra Kane, Paul Corcoran, Liz Whiting, Frank Holtz and Cristiane Vila Verde to the Standing Residential Traffic Committee. Council Member Wright stated he would entertain fixing the process going forward; however, given the list of projects and the ruling from the Town Attorney that the committee cannot continue until its members are replaced, he supports moving forward with the nominations. Council Member Dunn thanked Council Member Wright acknowledging this was a mistake and stated waiting two weeks to fix it instead of two years is a much better decision. He stated we did not advertise for this. Further, he stated this sets a bad precedent and is not the way to move forward. Council Member Martinez stated he does not see how this is a Councilmanic appointment when he has not brought forward any names. He stated we are simply doing this as we have always done. He does support reviewing the appointment process and creating a systematic approach, but now is not the time as we need to get a Committee out there to look at the issues on the table. Vice Mayor Hammier stated she did hear formally from Frank Holtz regarding his desire to serve. She stated it is interesting in looking at the list that it is not proportionate as all of the at-large members are from the north east. Further, she stated she agrees with Council Member Wright's statement regarding the ads; however, she is prepared to move forward. Town Council Meeting of Julv 8. 2008 Page 13 Council Member Reid stated last fall he asked for Council's support to change the process for this committee and it is a shame that we are faced with this deadline now. He stated we have an opportunity right now to deal with this at our next meeting. He stated it is not a Councilmanic appointment, but we have a situation were Council Member Dunn has individuals he is interested in bringing forward, but was not given an opportunity. He stated when former Council Member Burk wanted to have Mr. Eaves considered for appointment last fall we deferred the vote on Frank Holtz. Further, he concurred with Council Member Wright stating we should have a process for advertising vacancies. Further, he stated the SRTC discussed this in June. Council Member Dunn stated there were not people he was interested in, rather there were people that he reached out to that he thought may be of interested. He stated he did not know them before a week ago. He stated they have come before Council before to discuss traffic issues and he asked if they would like to serve on the Committee. Further, he stated other than the incumbents how did the other names come before us if they were not advertised. Debi Parry stated the other names were provided by members of Council. Council Member Dunn asked that someone show him the difference between how these appointments are made and how the appointments are made for other Commissions. Mayor Umstattd stated this appointment process has always been confusing as there is no direct tie between a Council Member and a member of the Committee. Council Member Dunn stated he will vote nay, not on the individuals but on the process. The motion was approved by the following vote: Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1 Council Member Dunn thanked Sandy Kane for her service to the Committee. Council Member Reid asked that his proposed resolution be put into resolution form and placed in the packets for the next Council Meeting. 2. Board of Architectural Review Appeals and Time Limits Town Council Meeting of Julv 8. 2008 Paqe 14 On a motion by Council Member Reid, seconded by Mayor Umstattd, the following was proposed: ORDINANCE To Amend Sections 3.10.14 (Standard of Review and Appeals Process for Appeals to the Town Council for the H-1 District) and 3.11.15 (Standard of Review and Appeal Process for Appeals to the Town Council for the H-2 District) of the Leesburg Zoning Ordinance Council Member Wright stated he has come full circle on this issue. He stated he has had the advantage of listening to debate on this item a few times, including at the Planning Commission. He stated the more we amended this item, the more we amend it closer to where we started from. He stated in considering appeals to come and historic ones, he sees that he can make an appropriate ruling under the current language. Further, he noted as Planning Commissioner Kalriess has stated, this change is premature. The motion failed by the following vote: Aye: Dunn, Reid, and Mayor Umstattd Nay: Butler, Hammier, Martinez and Wright opposed Vote: 3-4 Council Member Wright proposed a motion to approve with an edit to Section 3.10.5 to read "The Board of Architectural Review shall vote and announce its decision or deferral on any matter properly before it at the conclusion of the public meeting on the matter. The BAR shall render a final decision on any matter before it....." and repeat the edit in Section 3.11.8 Council Member Martinez seconded the motion. ORDINANCE 2008-0-19 To amend Sections 7.6.7 (Design Criteria on Appeal to the Town Council for the H-2 District), 3.10.5 (To set a Time Limitation for the Board of Architectural Review to Act Upon an Application to Obtain a Historic District Permit in the H-1 District) and 3.11.8 (To Set a Time Limitation for the Board of Architectural Review to Act Upon an Application to Obtain a Certificate of Approval in the H-2 District) of the Leesburg Zoning Ordinance Council Member Butler stated after reviewing the statistics and after hearing from Chairman Minchew he feels the default for any application should be denial. He stated applications that go beyond the 75 day limit seem to be caused by the applicant rather than the BAR. He stated the sentence would read "Any application not acted upon within the 75 day period shall be deemed denied unless the parties mutually agree to extend the action time beyond the 75 day time period to a date certain. Ms. Irby stated from a constitutional standpoint she has a problem with that amendment. She stated if someone is properly before the BAR and through no fault of their own have reached the 75 days, they should not be stuck with a denial if they have properly participated in the system. Town Council Meeting of July 8, 2008 Page 15 Council Member Butler withdrew his amendment. He asked if there is some other way to deal with an applicant who comes before the BAR and sits on the application. He asked if the BAR should have an obligation to render a decision, even if the applicant is not before them at a particular meeting, simply because of the time limit. Ms. Irby stated if they are properly before the BAR and have not agreed to a deferral, the BAR may then deny their request. Mayor Umstattd stated her concern is along the lines Ms. Minchew expressed that there may be difficulties getting quorums. Council Member Wright stated the reason he was out of the room earlier was to talk to Brian Boucher regarding how best to address this issue. Mr. Boucher stated the 75 day time limit allows for three regular meetings for the BAR to act. He stated if there is a fear that there may not be a quorum at the coming meeting then the BAR can speak with the applicant to see if a mutual agreement can be reached to extend the time limit. Further, he stated if the application is automatically approved it can be appealed. Vice Mayor Hammier stated her appointee to the BAR has indicated that attendance is an issue for the BAR. She stated that needs to be something Council closely examines, but ultimately it is the responsibility of the members who have accepted the responsibility of serving on that body. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Ms. Irby stated under 7.6.7 there was some cleanup language that had been suggested with respect to the H-2 District and allowing the BAR to consider additional criteria. She asked if it was the desire of Council to leave that language in. Council Member Wright stated the language makes both appeal processes the same. He stated he does not know why that language was in this ordinance. Council Member Butler stated this is something staff brought up originally just to make it cleaner. Mayor Umstattd asked if anyone is under the impression that they did not vote for that. Ms. Irby stated she was under the impression that the language was denied. She suggested that Council could consider the language separately. Council Member Wright proposed a motion to approve that section of the ordinance as it will make both appeal processes consistent. Town Council Meetinq of July 8. 2008 Page 16 The motion was seconded by Council Member Butler. Council Member Wright asked the Mayor to make a ruling because the discussion did focus on the time limits. He stated it may be cleaner and more appropriate to ask the Council to vote on deleting that sentence as it is important that the record reflects they understood it. After further discussion Council Member Martinez proposed a motion to reconsider, seconded by Council Member Reid. The motion to reconsider was approved by the following vote: Aye: Butler, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: Dunn Vote: 6-1 Council Member Wright proposed a motion to approve the ordinance, including page one, with the edits previously discussed in Sections 3.11.8 and 3.10.5. The motion was seconded by Council Member Reid. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 Council Member Reid stated since there was a close vote on the appeals he would like to work with the Attorney and the Mayor to see if they can some up with some acceptable alternatives. He stated we should be able to discuss this at a future meeting with the BAR's recommendations. Further, he asked that Council look at administrative approvals for items such as backyard decks and sheds. 3. Battlefield Parkway Crosswalks in Exeter On a motion by Council Member Martinez, seconded by Mayor Umstattd, the following motion was proposed: RESOLUTION Authorizing the Installation of Pedestrian Crosswalks on Battlefield Parkway at Catoctin Circle Council Member Wright proposed a motion to add a second therefore resolved to read, "The Town Manager has direction to proceed with a crosswalk at Catoctin Circle unless there is objection from the SRTC". Mayor Umstattd asked what is meant by "The Town Manager is directed to have an appropriate crosswalk installed." She stated her interpretation is this would be simple striping with signs. No raised crosswalk or more expensive striping. Town Council Meetinq of Julv 8, 2008 Page 17 Council Member Martinez stated he would like to have staff move forward with a crosswalk as the Mayor stated until there is direction from the SRTC for enhancements. Mr. Wells stated staff will move forward with measurements and other necessary work and then present information to the SRTC and move forward with their recommendation. Council Member Wright stated a crosswalk is needed at Plaza Street as well and asked that staff look at both locations. Mr. Wells stated the intersection at Plaza Street does not have an apparent connection with the trail and staff can look at this. Vice Mayor Hammier proposed a motion to table until the July 22 meeting. The motion was seconded by Council Member Dunn. The motion to table was approved by the following vote: Aye: Butler, Dunn, Hammier and Reid Nay: Martinez, Wright and Mayor Umstattd Vote: 4-3 Council Member Reid stated he would make sure that Plaza Street is discussed at the SRTC meeting. 4. Referral request for ZMAP 2008-0009; Leesburq West JLMA (Crosstra i I) On a motion by Council Member Wright, seconded by Council Member Dunn, the following was proposed: MOTION Forwarding Referral Comments for ZMAP 2008-0009; Leesburg West JLMA (Crosstrail) to the Loudoun County Department of Planning Council Member Hammier asked if there is a reason that proffers can not be mentioned in the recommendation. Mr. Wells stated proper infrastructure is broader than just proffers. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 L. New Business (For Consideration at a Future Meeting) 1. Luckett's Bypass - Update on the Benefits/Disadvantages of a bypass around Lucketts. Council Member Wright stated if Council wishes to have a discussion Town Council Meeting of July 8, 2008 Paqe 18 on Lucketts that is fine; however, he does not want staff time spent on it. Mayor Umstattd agreed. 2. VDOT/CTP Presentation - Invite VDOT and the County to August meeting to: a. Update on CTP b. VDOT projects in the County i. Sycolin Road Paving ii. Additional lanes on Rt. 7 Council Member Wright stated he is interested in Route 7, but not in adding additional lanes; rather, he would like to get rid of the lights. He stated he would love to have this conversation; however, he does not want anyone to think we are advocating additional lanes. Council Member Reid stated he had conversations with Terrie Laycock and the CTP is being looking at right now. He stated he would like Ms. Laycock and VDOT to provide an update on the status of all the items in the six-year program and the CTP effecting the Town of Leesburg. Further, he stated the Board is trying to take the Lucketts Bypass out and this is an important thing for us to provide input on as it is an access to our Town. He stated Route 15 is a dangerous road and reminded Council of the tragedy two years ago. He stated all he wanted was a VDOT CTP presentation for a work session. 3. Setting a Date for the Parking Summit There was no discussion of this item. 4. County Jail prisoners - Memo Update Council Member Wright asked Council Member Reid to clarify this item. Council Member Reid stated he has received several complaints from residents in the SE and has spoken with the Sheriff regarding prisoners walking through neighborhoods after there release as there is no transportation provided to them. He stated he would like the Town to be residents in the southeast and has spoken with the Sheriff regarding prisoners walking through neighborhoods after their release as there is no transportation provided to them. He stated he would like the Town to be aware of this and asked that the Police Department provide a memo. Mr. Wells stated the Town has received a couple of complaints on this and have spoken with the Sheriff's Department. Further, he stated the Town is also in discussion with Virginia Regional Transit on ways to provide low cost transportation to newly released prisoners. 5. Setting a Date for a Town Council Retreat Mr. Wells stated he will provide dates to Council. Town Council Meeting of July 8. 2008 Page 19 6. Charter Bill and Review Panel - Changes to the Charter for the 2009 session There was no discussion of this item. L. COUNCIL COMMENTS Council Member Reid asked for a memo regarding why we require backflow testing of sprinkler systems. He stated he had a great time at the parade. He welcomed Council Members Butler and Dunn and welcomed back Vice Mayor Hammier and Mayor Umstattd. He stated he appreciated the wonderful swearing in and having the Rabbi there. He stated this is his third year on Council and he appreciates the work we have done to cut spending, provide tax cuts, and streamlining regulations. He stated we made a major improvement tonight moving forward the timeline for the BAR with automatic approval. He stated high on his agenda for the next two years is transportation and getting transportation dollars, special tax districts, streamlining regulations, cutting spending and taxes, looking at privatizing Town assets, addressing the utility rates, ensuring the new water park opens at Ida Lee on time and under budget, ensuring bike trails and flood control projects are being built to help citizens, enabling annexation to go forward limiting residential growth near the airport, and curtailing turnover and increasing moral at the Police Department and supporting the Citizens Support Team. Lastly, he encouraged Council to support structural changes to the Council Chambers to make it more productive. Council Member Butler stated he is glad to be here and after one work session and meeting he has gained a greater respect for the range of issues Council discusses and resolves. He congratulated Council Member Dunn and Vice Mayor Hammier. He thanked Debi Parry and all the staff who helped to plan the Swearing- in event and Mama Lucci's for the catering. He congratulated the engineering and planning staff on their new appointments stating a lot of great things will come out of that. He congratulated the new commission and committee members. He stated he regretted missing the parade; however, he was in his hometown with his Dad who celebrated his 80th birthday by riding a horse for the first time. Council Member Wright stated he had the opportunity to serve on a jury Friday for the Law Camp. He stated this was a fascinating experience and encouraged Council to participate next year. He stated he appreciated the comments and feedback from Mr. Kirsten regarding the commission appointment change. He stated he is sorry there was not the communication and feedback as broadly as Council thought; however, it was circulated in the newspaper and several Council Members mentioned they had discussed it with their committees including the representative to the IT Committee. He stated it is unfortunate that the communication was not as broad. He stated there is a misconception in the media that we broadened the membership; however, it was narrowed to residents or people who own a business in the Town. He stated we want the majority of members to be Town residents and commented that he believes all of his appointees reside in the Town. Council Member Wright stated he appreciates having the new rules of order in place and asked that they be synced in with the agenda. He stated the fireworks were great and he enjoyed the parade. He stated he had the opportunity on the 4th to talk with Delegate Poisson about the special transportation session in Richmond. He stated he has heard Council Member Reid and Chairman York mention the idea of Town Council Meeting of Julv 8. 2008 Page 20 creating special tax districts in the absence of the State funding transportation; however, the more we solve the State's problems the more they will continue to believe they are not their problems. He welcomed the new Council Members and wished everyone a Happy New Fiscal Year. He stated we have done a lot of good work over the last two years and we have a lot of work to do. Council Member Martinez congratulated Council Members Butler and Dunn and congratulated Vice Mayor Horne on her reelection and appointment as Vice Mayor. Vice Mayor Hammier stated she signed up to participate in the law camp mock trial; however, she couldn't go. She thanked staff for their efforts on the Swearing-In Ceremony. She congratulated Council Member Butler, Dunn and Mayor Umstattd. She further congratulated staff on achieving their one stop shop on July 1 with plan review and zoning in one place. She thanked staff for their efforts associated with the July 4 parade stating it was an honor to walk down the street holding the flag. She stated the Dodona Manor visitors appreciated what we represent and was is best about America. She stated it was wonderful to have the 250th anniversary float in the parade. She reiterated her thanks to the Board of Supervisors for their participation in the joint meeting and asked that a thank you note be sent from the Town Council. She stated she has spoken with Supervisor Kelly Burk who indicated that other Towns are now following our lead. She thanked Dave Kirsten for his comments stating she was saddened to hear that he did not have the same level of input and really took his comments to heart. She stated she appreciated Council taking more time on the crosswalks in Exeter stating it is important to engage the commissions and committees in the proper way. Further, she stated she is happy to welcome back Wade Burkholder as the Deputy Zoning Director. Council Member Dunn stated on July 1 in his nervousness he neglected in the first sentence of his speech to thank Madam Mayor, Council, honored guests, family and staff. He stated he looks forward to working with everyone and congratulated everyone else who ran for office. He asked that Mr. Mason provide an analysis of how our paving program compares to other communities, what scale they use and how often we pave compared to them. He stated he drove down some of the streets we are going to pave and could not tell the difference between the sections to be paved and those that are not scheduled for repaving. Further, he stated he is looking forward to working with everyone. M. MAYOR'S COMMENTS Mayor Umstattd congratulated Council Member Hammier on being Vice Mayor stating he Ukrainian Delegation was thrilled. She stated Council Member Dunn and Butler have done an excellent job at their first Council Meeting. She stated the 4th of July we had most members of Council carrying the flag along with our friends from Central Asia. Further, she stated at the Dodona Manor Picnic Dr. Hatrick mentioned that he was in a rural area of China talking to regional heads of education and when he mentioned he was from Leesburg one individual mentioned the Leesburg Corner Premium Outlet Mall. She mentioned the upcoming events at the First Friday celebration Downtown on July 11. Council Member Martinez stated he failed to congratulate the Mayor during his comments. Town Council Meeting of July 8. 2008 Paqe 21 N. MANAGER'S COMMENTS Mr. Wells congratulated all of those Council Members and new Council Members who won election. He acknowledged July 1 was a milestone for all of the work we are doing with our process improvements. He thanked Kaj Dentler and Scott Parker for their efforts in creating these new departments. He stated Ms. Irby and Mr. Mason have been working on the Code changes necessary to bring the new processes into place. He stated having done many reorganizations, this is one of the best that he has been a part of. He thanked Council for attending the July 4th festivities. He thanked the Public Works, Parks and Police staff who worked all day to ensure safe events. Further, he thanked Debi Parry for her work and coordination of the 250th Anniversary Merchandise Booth. He proposed August 4, 5 and 6 as possible dates for the Council retreat stating it may be necessary to move the meeting to September. O. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 10:25 p.m. ~c: ~Gc~~ . C. mstattd, Mayor ~ Town of Leesburg 2008_ TCMIN0708