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