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HomeMy Public PortalAbout2008_09_09 COUNCIL MEETING September 9, 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, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Marty Martinez Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag was led by Vice Mayor Hammier 3. Invocation was lead by Council Member Wright 4. Roll Call showing Council Member Martinez absent 5. Minutes a. Work Session Minutes of August 11, 2008 On a motion by Council Member Wright, seconded by Council Member Butler, the minutes were passed 6-0-1 (Martinez absent) b. Regular Session Minutes of August 12, 2008 On a motion by Council Member Butler, seconded by Vice Mayor Hammier, the minutes were passed 6-0-1 (Martinez absent) 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the agenda was adopted with the addition of a resolution for Constitution Week by a vote of 6-0-1 (Martinez absent) 7. Presentations a. 250th Anniversary Celebration. Mayor Umstattd invited the citizens to attend the 250th Anniversary Celebration commemorating the founding of the Town of Leesburg on September 14, 2008. b. Constitution Week On a motion by Council Member Reid, seconded by Vice Mayor Hammier, the following resolution proclaiming Constitution Week was approved by a vote of 6-0-1 (Martinez absent). PROCLAMATION CONSTITUTION WEEK SeDtember 17 - 23. 2008 Town Council Meeting of September 9, 2008 Page 2 WHEREAS, September 17, 2008, marks the two hundred twenty-first anniversary of the drafting of the Constitution of the United States of America by the Continental Convention; and WHEREAS, it is the privilege and duty of the American people to commemorate this anniversary of the drafting of the Constitution with appropriate ceremonies and activities; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of September 17 through 23 as Constitution Week and ask our citizens to reflect on the privilege of being an American with all the rights and responsibilities with that privilege involves. PROCLAIMED this 9th day of September 2008. 8. PETITIONERS The Petitioners section was opened at 7:38 p.m. Brenda Douglas, Friends of the Thomas Balch Library, stated as part of the efforts to create an endowment for the Library, they are planning a fundraiser. She stated the Delashmutt's have generously donated the use of their home, Oak Hill, once home to United States President James Monroe for "An Evening with James Monroe". She stated reenactors and scholars have put this presentation together and urged everyone to purchase tickets for this event. She stated she would return to Council in two weeks with a financial report. Sue Sedlazek, 421 Mosby Drive, SW, asked Council to keep an open mind with respect to putting an off-leash dog area at Ida Lee Park. She stated there is no perfect place in Leesburg for a dog park. She urged Council to put the off-leash area at Ida Lee rather than Izaak Walton. She noted Izaak Walton is secluded and inconvenient. 9. PUBLIC HEARINGS a. Rezoning TLZM 2008-0003 Village at Leesburg b. Soecial Exception TLSE 2008-0003 Village at Leesburg c. Special Exception TLSE 2008-0006 Villaoe at Leesburo The three public hearings were opened together at 7: 50 p.m. Brian Boucher stated this is a rare instance where the Town and the applicant have no issues that have not been resolved. He stated with respect to the rezoning, the applicant is seeking to clear up or clarify the language. He stated the way the initial rezoning was approved did not allow the developer to subdivide the property, but as the project has developed, this is something that they need. He noted if they had asked for this with the initial rezoning, staff would not have had an issue with it. Town Council Meeting of September 9, 2008 Paoe 3 Mr. Boucher stated the first special exception deletes two of the elevated walkways between the parking garage and office building. He stated the elevated walkways were not required by the Town and two of them are unable to be included because of topographical issues. He did note the developer has added two textured crosswalks between the residential uses and the parking garage at ground level. He stated the second special exception is to allow personal service uses in the retail/commercial portions of the development. He stated personal service uses include, but are not limited to beauty parlors, nail salons, dry cleaners, dental offices, and tattoo parlors. Council Member Dunn expressed concern there would be a parking garage next to Rt. 7, which is an important entrance into the Town. Mr. Boucher clarified the parking garage is set behind the office buildings and is thus screened from view of East Market Street. He stated the office buildings are designed to have a townhouse look and are smaller in scale than commonly occurring office buildings. Vice Mayor Hammier noted that personal service uses support Class A office. She noted Council needs to make changes to the regulations so that personal service uses do not require a special exception in the B4 zoning district. She thanked the applicant for the interchange stating it is an important addition for Town residents. She stated many people are looking forward to the new Wegmans. Council Member Reid echoed the Vice Mayor's comments. He stated questioned whether the applicant had talked to the owners of the Hunter- Dowdy property about connecting Russell Branch Parkway through their property. Garrett _ stated they are discussing right-of-way with those property owners. He stated nothing has been finalized yet. Mr. Boucher stated the requirement for special exception for personal services in the B4 is in the batch of zoning ordinance changes that will come to Council in November. Council Member Butler questioned the minimum lot width of 15 feet. He noted this would be a very narrow lot. Michael Banzhaf, representative for Kettler Brothers, the applicant, stated minimum lot width is measured at the street. Because the only street frontage is along Russell Branch Parkway, all the lots have to touch Russell Branch and will widen out after the entrance easement. There were no speakers for these public hearings. The public hearings were closed at 8:20 p.m. On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the following was proposed: ORDINANCE 2008-0-23 Approving Rezoning TLZM 2008-0003 Village at Leesburg Town Council Meetino of September 9, 2008 Page 4 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) On a motion by Council Member Butler, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2008-132 Approving Special Exception TLSE 2008-0003 Village at Leesburg for Parking Garage D 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) On a motion by Council Member Butler, seconded by Council Member Wright, the following was proposed: RESOLUTION 2008-133 Approving Special Exception TLSE 2008-0006 Village at Leesburg for Personal Services in the B-4 Zoning District 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) 10. CONSENT AGENDA On a motion by Vice Mayor Hammier, seconded by Council Member Wright, the following consent agenda was proposed: a. Awardino the Rt. 643 Water Storage Tank Construction Contract RESOLUTION 2008-134 Awarding the Route 643 Water Tank Construction Contract b. Aoproving Addendum #5 to the Hazen and Sawyer, P.c. Engineering Services Contract to Provide services during the construction of Route 643 Water Storage Tank RESOLUTION 2008-135 Approving Addendum #5 to the Hazen and Sawyer, P.c. Engineering Services Contract to Provide Construction Phase Services for the Route 643 Water Tank c. Awardino the CM Services Contract for the Lowenbach Street Improvements Project RESOLUTION 2008-136 Town Council Meeting of September 9, 2008 Page 5 Awarding the CM Services Contract for the Lowenbach Street Improvements Project d. Making an Appointment to the Environmental Advisory Commission - Gerhard Koehler RESOLUTION 2008-137 Making an Appointment to the Environmental Advisory Commission 12. RESOLUTIONS a. Awardino the S. Kino Street Trail Extension Design Contract On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the following was proposed: RESOLUTION 2008-138 Awarding the Design and Engineering Services Contract for South King Street Trail Extension to Kimley-Horn and Associates, Inc. Council Member Reid stated he would be abstaining from the vote for this item. He stated there were 6-10 other bidders on this project and he is concerned about how this was awarded. Council Member Wright stated he is comfortable supporting this contract award. He stated he has seen the bid follow-up and the appropriate rules were followed. Mayor Umstattd stated there is no reason to believe that Kimley-Horn is defective or deficient. She stated they have done very good work for the Town in the past and she believes the bid process is handled fairly. She stated she has no problem supporting this contract award. Mr. Wells stated that procurement law in Virginia requires specifically that dollar amounts are not allowed to be figured into the tabulation of personal services agreements. He stated it is important to recognize the Town specifically follows the procurement laws. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Wright and Mayor Umstattd Nay: None Vote: 5-0-1-1 (Reid abstaining, Martinez absent) b. Initiating an Amendment to the Town Plan to Chanoe the Designation of Major Open Space for parcel 232-28-3893 and a portion of parcel 232-38-9290 to Downtown On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the following was proposed: RESOLUTION 2008-139 Initiating an Amendment to the Town Plan to Change the Designation of Major Open Space for Parcel 232-29-3893 and a Portion of Parcel 232-38-9290 to Downtown Town Council Meeting of September 9, 2008 Page 6 Council Member Dunn questioned whether there is a specific purpose for this amendment. Mr. Wells stated it was a decision of the private property owner. He stated this parcel was considered as one of the initial solicitations for the County government center. He stated there has been interest in this property. 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) c. Approving the Redirection of the Loudoun Countv Red Cross Chapter FY 2009 Community Agency Grant of $2,500 to the Chapter's Emergencv Services Program On a motion by Vice Mayor Hammier, seconded by Council Member Butler, the following was proposed: RESOLUTION 2008-140 Approving the Redirection of the Loudoun County Red Cross Chapter FY 2009 Community Agency Grant of $2,500 to the Chapter's Emergency Services Program Council Member Dunn questioned whether this would be used for Town residents. He stated originally, the grant would be used for senior transportation for Town residents. He questioned how we can be sure the redirection will target only Town residents for emergency services. Mr. Wells stated he suspected the funds would be used to target needs in the Town, but did not want to speak for the Red Cross. Council Member Dunn noted it is a small amount of money and he was not looking to hold funds back from the Red Cross. Council Member Wright stated he identifies with the struggles the Red Cross has and is comfortable with this item. 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) d. Approving a $141.881 Supplemental Appropriation to the Department of Public Works FY 2009 Operating Budget for Installation of Street Liohtino by Dominion Viroinia Power On a motion by Council Member Reid, seconded by Council Member Butler, the following was proposed: RESOLUTION 2008-141 Approving a $141,881 Supplemental Appropriation to the Department of Public Works FY 2009 Operating Budget for Installation of Street Lighting by Dominion Virginia Power Town Council Meeting of September 9, 2008 Page 7 Council Member Dunn questioned whether taxpayer money would be used for this appropriation. Mr. Wells stated that no local tax funds are involved. He stated there is offsetting revenue for this amount. Mr. Mason stated the streetlights are installed at the developer's expense. He stated the Town has to generate the purchase order to allow the street lights to be installed by VDOT. The Town will then invoice the developer for the entire amount. 13. OLD BUSINESS There was no discussion pertaining to the following agenda items: a. Future Plans for Cangiano Tract b. Site Plan Review Time Limits 14. NEW BUSINESS FOR ACTION a. George Mason University On a motion by Vice Mayor Hammier, seconded by Council Member Butler, the following was proposed: RESOLUTION 2008-142 George Mason University/Northern Virginia Community College Enhanced Higher Education in Loudoun/Leesburg Economic Development Initiative Council Member Dunn stated Town taxpayers pay taxes to the Town and the County. He stated he is very enthusiastic about George Mason University coming to the Town or County. He stated since the County already has a good portion of Town taxpayer funds, he would recommend they provide complete funding for this study or get the School Board to share in the funding. He stated he did not want Town taxpayers to fund this twice. Vice Mayor Hammier made a friendly amendment to delete the language "a planning study that will..." and replace it with "an implementation plan to..,". She encouraged her colleagues to unanimously support this initiative. She stated without a financial stake in this initiative, the Town will not have an adequate place at the table to bring George Mason University to the Town. She stated this is a major initiative that will help the Town accomplish many of the related aspects of the Economic Development Commission's plan. Further, she noted the County would receive great benefits as well and are actively lobbying for Leesburg as the site for this campus. Council Member Wright stated he would be supporting this initiative. He stated you have to spend money to make money. Council Member Butler agreed with the Vice Mayor and Council Member Wright. He stated the Town needs to be actively engaged in this process. He stated without active engagement, there is no chance the campus will be located in Leesburg or possibly even adjacent to the Town limits. He stated the benefits may be enormous. Town Council Meetino of September 9, 2008 Page 8 Council Member Dunn suggested the Town spend more money to ensure the Town is picked as the site for the campus. He stated too often Leesburg looks to have a seat at the table, but it is the kiddie table. He stated we already paid for this at tax time. Vice Mayor Hammier stated she has had the pleasure of representing the Town at the Loudoun County Economic Development Commission. She stated emphatically there has been a lot of effort on the County's part regarding Leesburg as a site for this campus. She stated she did not feel the County was relegating Leesburg to the children's table. She stated she is unhappy with the tone that is being set relative to the risk. She urged Council Member Dunn to support this initiative. Council Member Dunn stated he does support the location of a George Mason University Campus in Town. Council Member Butler clarified that there are legal issues prohibiting the School Board from putting money into this initiative. John Wells stated the School Board can support, but cannot provide direct dollars. Mayor Umstattd stated she understands where Council Member Dunn is coming from. She stated she will support this initiative because she feels Leesburg needs to fully investigate and help out with understanding the full impact of a university She stated it could be a great boon for the Town, either inside the corporate limits or adjacent to them. She stated if Leesburg does not contribute, they cannot expect to be seriously considered as a location. Council Member Dunn offered a friendly amendment to fund the entire $34,000 for the Town to conduct the study with George Mason University and Northern Virginia Community College without participation of Loudoun County. Vice Mayor Hammier stated she could not accept this as a friendly amendment for reasons she already stated. She stated this campus can be a tremendous benefit to the County as well and the Board has taken a leadership stance. Mayor Umstattd asked if there was a motion to amend. Council Member Dunn withdrew his amendment. Vice Mayor Hammier stated that she could not speak for Council Member Martinez in his absence but felt he would support this. 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) Town Council Meetino of September 9, 2008 Paoe 9 b. DIA/ULI Recommendations On a motion by Council Member Dunn, seconded by Council Member Reid, the following motion was proposed: RESOLUTION 2008-143 Preliminary Planning Funds for Downtown Improvements Vice Mayor Hammier stated she fully supports this as it is a visible accomplishment to move forward the infrastructure in the downtown. She stated this is a major, important gateway for the Town and the key element is this is a design, not a study. Council Member Wright stated this is not just thinking about it, it is doing something. He stated we will be making important infrastructure improvements fitting our downtown and community. Council Member Butler stated he fully supports this. He stated this will result in a greater number of residents taking advantage of the downtown. Council Member Reid stated this is just the beginning. He stated it is an important first step. Council Member Dunn stated this is preliminary design. He questioned when seats would actually be filled at events downtown. Mr. Wells stated the DIA's recommendations identified several groupings and this would take you up to actual specific contract work on the King Street corridor. He stated there will be no specific costs identified until the preliminary design work is completed. He stated we should have preliminary designs within 60-90 days. Mayor Umstattd stated she is concerned that there is not much detail. She stated there is only very general description of the King Street Corridor with the goal of reducing visual clutter. She stated the Economic Development Commission's vision is street side cafe dining, but the DIA vision isn't oriented that way. She stated there is no agreement between the Town and the private sector. She stated she is nervous about public funds exclusively being proposed to go into this; that a 50/50 partnership would be much more interesting. Vice Mayor Hammier stated it is incumbent upon the Council to reflect on the recommendations from key advisors. She stated because of the benefit associated with this investment, i.e. restaurants downtown, Council should take the lead on this. Further, she added the ULI/TAPS study would require a big investment by the business community. She stated it is important for Council to get behind this in a visible way. Council Member Wright stated the Town's goals and the private sector's goals are the same, just said differently. He stated he believes we will see returns on this investment. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Town Council Meeting of September 9, 2008 Page 10 Nay: None Vote: 6-0-1 (Martinez absent) 15. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING a. Request for additions: Council Member Wright asked for the following: i. Status of the Morven Park sidewalks ii. West Market to Rt. 9 Report Council Member Reid asked for the following i. VDOT Bypass widening ii. SRTC resolution iii. Discussion on H-2 reforms 16. COUNCIL COMMENTS Council Member Reid disclosed a phone call_with Michael O'Connor regarding the DIA proposals. He stated the Standing Residential Traffic Committee identified 10 locations for driver feedback signs. He stated he is working with staffer Mike Bomgardner to get some crosswalks and rudimentary safety improvements along Tavistock Drive. He stated the Environmental Advisory Commission wants to have a forum on Energy Conservation. He stated Ara Bagdasarian was elected the Chairperson of the Economic Development Commission and Scott Gustavson was elected Vice-Chair. He stated he is concerned with the Capital Improvements Program (CIP). He stated projects are put in the CIP and do not move towards construction and added that inclusion in the CIP should not be a means to mollify citizens. He suggested rewards for getting projects completed and sanctions for not getting them completed. He asked for a report on the Wage Drive/Anne Street drainage improvements for the next meeting. He thanked Council and staff for his 50th birthday card, cupcakes and jokes. Council Member Butler stated he would like to note the Council did not pass a "study". They passed approval to start a preliminary design of the S. King Street Corridor, which is a first step. He stated the Environmental Advisory Commission is preparing a resolution for Council to consider regarding reducing energy consumption by the Town. He stated the Technology and Communication Commission will be taking up discussion of the alert system. He stated it is difficult to find on the website even when told where it is located. He applauded the birthday of the Constitution stating it is one of the best documents ever written and published. He stated he is looking forward to viewing the 250th anniversary corn maze at Temple Hill Farm from the air and also is looking forward to the birthday party on Sunday. Council Member Wright disclosed a meeting with Clarke Realty on the Market Square applications. He stated he wanted to clarify Council Member Reid's comment on the S. King Street trail, noting there are two trails. He stated tonight Council approved the S. King Street trail extension to Douglass Community Center. He stated the trail crossing under the bypass is under construction. He stated there needs to be better communication between staff, Council and the community. He stated he is looking forward to the 250th birthday celebration. He noted the Day Tripper magazine had a nice article about Leesburg's downtown and the advertisement in Virginia Business was very good. He noted the sidewalk project on West Market Street is substantially completed and already being enjoyed by the citizens. He stated he is very pleased the Freedom of Information Act event is being hosted by the Town as well as the upcoming Certified Planning Commissioner Town Council Meetino of September 9, 2008 Page 11 training as this highlights Leesburg's leadership in the community. He noted the victims and their families of the 9/11 attacks will be in everyone's prayers. Vice Mayor Hammier disclosed a meeting with Hobie Mitchell about the downtown. She stated she received a call from Michael O'Connor from the DIA and from John Ohmer of St. James. She stated she attended the Crossroads meeting. She stated she met with her commissioners and will be pulling together a strategic plan for the strategic planning retreat. She thanked staff for organizing the retreat. She stated she attended the Economic Development Commission retreat and it was very productive with refinement of their vision and plan. She asked for the names of commissioners who make comments on staff reports. She congratulated Lola's Cookies for its inclusion on the Rachel Ray show. She stated the Parks and Recreation Commission will be looking at Izaak Walton Park as a location for an off- leash area and hopes Council can take action next meeting. She stated she wants to share one thing each meeting that she loves about Leesburg. She stated the gardens at Ida Lee are incredible and thanked staff for the wonderful amenity. She noted she will be attending the Vice Mayor's training and the Virginia Municipal League conference. She stated the families of the victims of 9/11 are in her prayers and reminded everyone of the ceremony on Thursday. Council Member Dunn stated he returned Mike Banzhaf's phone call. He reviewed the list of events for the 250th Anniversary Celebration and stated this is a time to ignite the community and go back to how Leesburg used to be by just saying "hi" to people you meet. He asked staff to distribute town pins to all commissioners. He stated he is encouraged by the Balch Library endowment and the research on grants for the Time Tunnel as alternative funding sources. He stated he was pleased VML forwarded Leesburg's resolution on House Bill 83 to all jurisdictions in Virginia. He stated he attended the event at the airport and it was very well attended and he commended airport staff on a wonderful event. He stated he had the honor of attending the National Guard ceremony, which was very moving. 17. MAYOR'S COMMENTS Mayor Umstattd thanked Council Member Dunn and Council Member Butler for attending the Freedom Salute with her. She stated they did a great job of extending Council's best wishes and thanks to the National Guard. She stated a number of guardsmen and women commented that the support in Leesburg for the Guard is the best of any community in the state. She applauded the Chamber of Commerce for raising $70,000 for the families and thanked Lansdowne Resort for providing free accommodations for out of town guardsmen and their families. She stated they were very excited and grateful, adding that she assured them Leesburg's Council and citizens are the ones who are truly grateful for their service. Mayor Umstattd stated the Town will need to look at impacts of George Mason University being either within the Town limits or adjacent to it. She noted depending on where the campus is located, it may have different impacts on different types of businesses. She extended to John Wells and the Capital Projects staff an enthusiastic letter complementing the town on the drainage project at Brown's Meadow. She stated she heard from a citizen on Stone Court who was upset about Verizon service. The Mayor extended congratulations to new black belts in Tae Kwon Do - Ray, Brittany, Daniel, Andrew, Wade and Kendrick. Town Council Meeting of September 9, 2008 Page 12 18. MANAGER'S COMMENTS John Wells asked Council Members who have not RSVP'd their intentions for the Temple Hall Corn Maize events to do so as soon as possible. He noted the EDC will be sponsoring the 5th Banker's Roundtable at the end of the month. He reported INOVA Loudoun has agreed to provide an initial $10,000 to the Balch Library for an ongoing oral history program called Loudoun Laurels with an additional annual sustaining contribution of $500. 19. CLOSED SESSION There were no Closed Sessions 20. ADJOURNMENT On a motion by Council Member Reid, seconded by Council Member Butler, the meeting was adjourned at 9:50 p.m. ~,W\~ . C. mstatt, ayor Town of Leesburg 2008_ TCMIN0909