Loading...
HomeMy Public PortalAbout2009_tcmin0127 COUNCIL MEETING January 27, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Katie Sheldon Hammier, Marty Martinez. Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Comprehensive Planner David Fuller, Environmental Planner Irish Grandfield, Preservation Planner Annie McDonald, and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag was led by Council Member Dunn 3. Invocation was lead by Mayor Umstattd 4. Roll Call showing Vice Mayor Hammier and Council Member Martinez absent. S. Minutes a. Work Session Minutes of January 12, 2009 On a motion by Council Member Butler, seconded by Council Member Wright, the minutes were passed 5-0-2 (Hammier, Martinez absent). b. Regular Session Minutes of January 13, 2009 On a motion by Council Member Reid, seconded by Council Member Butler, the minutes were passed 5-0-2 (Hammier, Martinez absent). 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Wright, seconded by Council Member Dunn, the meeting agenda as adopted as presented. The motion was passed by the following vote: Aye: Butler, Dunn, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Martinez absent) 7. Presentations a. Leesburg Watershed Committee Report - Neely Law Neely Law presented an update of the activities of the Watershed Committee. She discussed tree planting in dryponds and the use of rip rap. She discussed the health of the streams in the Town. 8. PETITIONERS The Petitioners section was opened at 8:00 p.m. Town Council Meetino of January 27 , 2009 Page 2 Charles Treadway 511-D Constellation Court, stated Fairfax and Leesburg get most of their drinking water from Goose Creek. He noted Tuscarora Creek feeds into Goose Creek. He questioned why the zoning isn't changed to reflect the Town Plan. He cited various reasons the Town Plan amendment should not be passed. He stated there are 1500 people who do not want the amendment passed. Eric Oemeler, 678 Gateway Drive, questioned whether the Town would have to create another open space in trade for this one. He noted the removal of trees on this property would increase the noise from traffic for the residents of Gateway Drive. David Fuller stated at this time, there is no such requirement. He did note replacement of trees is required. Council Member Wright verified the property can still be built out at R-6 by- right. Mr. Fuller confirmed the owner can develop the property at R-6. He noted this piece of property is seen to have some sort of recreational use if it stays major open space. Mayor Umstattd stated she does not get the sense that the change of category in the Town Plan gives more protection for trees. She questioned what the maximum residential density can be under the downtown category. Mr. Fuller stated it depends on how the property develops. He noted some of the adjacent properties are denser than R-6. Council Member Dunn questioned whether the designation of major open space could prevent the owner of the property from rezoning the property. Mr. Fuller responded the rezoning would have to be reviewed by the Planning Commission and the Town Council. He stated he would have to note the requested zoning is not in conformance with the Town Plan. Jim Vooel, 333 Roanoke Street, stated he has seen a horned owl and a couple of species of hawks on the property. He stated one of the points of the watershed action plan is to conserve areas of existing forest. He stated this is the last major green swath left in Leesburg except for Ida Lee Park. He stated deer live on this property and will run out on the street causing fatalities. Neelv Law, 213 Lawford Drive, stated the Tree Preservation Ordinance needs to be a priority. She stated since there is not a zoning category that allows property to be treed in Leesburg, you protect trees by having those trees set aside by discussions with developers. She stated the Tree Preservation Ordinance will give us a minimum to begin discussions with developers. The Petitioners section was closed at 8:20 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Butler, seconded by Council Member Reid, the following consent items were proposed: Town Council Meeting of January 27 , 2009 Page 3 a. Making a Reduction of the Performance Guarantee for Public Imorovements Installed in the Interchange at the Intersection of East Market Street CRt. 7), Rivercreek Parkway and Crosstrail Boulevard RESOLUTION 2009-010 Making a Reduction of the Performance Guarantee for Public Improvements Installed in the Interchange at the Intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard b. Awarding the Edwards Ferrv Road at Colonial Square Drainage Improvements Project Construction Contract RESOLUTION 2009-011 Awarding the Edwards Ferry Road at Colonial Square Drainage Improvements Project Construction Contract The motion was passed by the following vote: Aye: Butler, Dunn, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Martinez absent) 10. PUBLIC HEARINGS a. None 11. ORDINANCES a. Town Plan Amendment: Reclassification of Land Adiacent to Olde Izaak Walton Park On a motion by Council Member Wright, seconded by Council Member Butler, the following was proposed: ORDINANCE Amending Section C of the Town Plan to Change the Land Use Category for Parcels Immediately East of Old Izaak Walton Park Council Member Reid made a motion to table the item to allow staff, the property owner and the public time to work out a compromise on Town Plan language. The motion to table was seconded by Council Member Dunn. The motion to table to a date uncertain was passed by the following vote: Aye: Dunn, Reid, and Mayor Umstattd Nay: Butler, Wright Vote: 3-2-2 (Hammier, Martinez absent) Council Member Wright stated the issue is whether or not the Town has an intention to buy this land as parkland. He noted the Council has made it clear on several occasions there is no desire to purchase this land. He noted the land can develop at six houses per acre now and does not have to come before the Council for approval. Mayor Umstattd stated it might change the density on the property. She stated staff is requested to meet with the residents and the developer. Town Council Meeting of January 27 , 2009 Page 4 12. RESOLUTIONS a. H-1 Desiqn Guidelines On a motion by Council Member Wright, seconded by Council Member Butler, the following was proposed: RESOLUTION 2009-012 Approval of the Old and Historic District Design Guidelines as Updated Council Member Reid stated this is a remarkably improved document. He thanked Annie McDonald and Jeanette Irby for doing a stellar job making sure this document is compatible with the Zoning Ordinance and Town Plan. He stated this will focus the BAR on the most important issue - the preservation of historic buildings and insure compatibility of new construction. He stated the investment in the Historic District by Waterford Development shows there will be numerous applications as the economy picks up. Council Member Wright questioned whether there are any new updates from other jurisdictions. Ms. McDonald stated information compiled from a variety of other jurisdictions indicates replacement in kind with traditional materials is commonplace nationwide and in Virginia as well. She stated it is treated that way for a number of reasons. She stated it maintains the retain, repair, replace policy. She stated a jurisdiction loses historic character by attrition. She stated replacement with alternative materials actually has the potential to encourage neglect. She stated there is an unintended consequence of that level of flexibility. Council Member Wright applauded the Board of Architectural Review for their tireless work on this document. Council Member Dunn stated the BAR did a great job throughout this process. He stated he is looking forward to seeing how this document will be utilized going forward. Council Member Butler stated the biggest advantage of the new guidelines is they are much more understandable for the property owners. Mayor Umstattd stated the new guidelines are beautiful and clear. She stated there is language that could be interpreted to say that if a material visually looks historic, it may not have to be historic. She questioned how Ms. McDonald would interpret this language. Ms. McDonald stated she has no problem recommending approval if the end product of the material looks no different from the actual historic material. Mayor Umstattd stated she worries most about those residents who would find replacement with historically correct materials financially burdensome. She expressed a desire that the Town be mindful of the fact that not all property owners have the money to buy authentic materials. Town Council Meetinq of Januarv 27 , 2009 Paqe 5 Council Member Dunn stated Vice Mayor Hammier is in agreement with the edits as presented. The motion was passed by the following vote: Aye: Butler, Dunn, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Martinez absent) On a motion by Council Member Wright, seconded by Council Member Reid, the following motion was proposed: RESOLUTION 2009-013 Initiating Zoning Ordinance Amendments to Incorporate the Updated Old and Historic District Design Guidelines into the Zoning Ordinance and to Amend Certain Sections of the Zoning Ordinance to Reconcile Differences between the Updated Guidelines of the Zoning Ordinance The motion was passed by the following vote: Aye: Butler, Dunn, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Martinez absent) b. Authorizinq the Town Manaqer to Execute a Grant Aqreement with the Virqinia Department of Aviation for the Desiqn and Construction of the South Apron Hangar Project Mayor Umstattd verified this will be pending the Board of Supervisor's vote on the proposed increase in the aircraft personal property tax. Mr. Wells noted the Board of Supervisors is scheduled to vote on the Finance Committee's unanimous recommendation that the aircraft tax rate not be adjusted as part of the budget process. On a motion by Council Member Butler, seconded by Council Member Wright, the following was proposed: RESOLUTION 2009-014 Authorizing the Town Manager to Execute a Grant Agreement with the Virginia Department of Aviation for the Design and Construction of the South Apron Hangar Project The motion was passed by the following vote: Aye: Butler, Dunn, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Martinez absent) c. Supolemental Aoprooriation and Award of the Airoort South Apron Hangar Construction Contract On a motion by Council Member Wright, seconded by Council Member Butler, the following was proposed: RESOLUTION 2009-015 Amend the FY 2009-2014 Capital Improvement Program and Award of a Construction Contract for South Apron Hangars Project Town Council Meetinq of Januarv 27 , 2009 Page 6 Council Member Reid stated he has concerns whether the Town will be able to lease these hangars, but he has been assured by Tim Deike that despite the economy, there is interest in leasing the hangars once they are completed. He requested a follow-up report on the vacancy rate after the hangars are constructed. Mr. Wells stated as soon as the contract is awarded and construction begins, aggressive marketing of the hangars will begin. Council Member Dunn verified the amount of time needed to recoup the investment. Mr. Wells stated the pro-forma shows that as soon as the hangars are fully leased, the hangars will show a profitability of approximately $50,000 per year. Council Member Reid noted the information he has been given shows the debt should be paid off in about 10 years. The motion was passed by the following vote: Aye: Butler, Dunn, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Martinez absent) 13. OLD BUSINESS a. None 14. NEW BUSINESS FOR ACTION a. Performinq Arts Task Force On a motion by Council Member Dunn, seconded by Council Member Reid, the following was proposed: RESOLUTION 2009-016 Accepting the Performing Arts Center Feasibility Study as Presented to Council on January 26, 2009 and Directing the Steering Committee to Prepare a Work Plan for Implementation Council Member Reid proposed an amendment to read "the Performing Arts Center Steering Committee is directed to prepare a work plan for the implementation of the report's recommendations and to secure Loudoun County's support to site the Performing Arts Center in the Town of Leesburg's limits and to provide private funds to build it no later than July 1, 2009". Further, he added he is concerned based on last night's discussion there is not a lot of support on Council to commit Town money to build this. He stated he is concerned the County could do something completely different and there is no room for two performing arts centers in this county. He stated the Performing Arts Steering Committee should be tasked to get the Board of Supervisors to support this in the Town of Leesburg and join with the Town to get private funding. Council Member Wright stated he did not feel it was the intent of the Council to direct the work plan. He added the "further resolved" could be removed. Town Council Meeting of January 27 , 2009 Paqe 7 Mr. Wells stated the "further resolved" directs the group to present an action plan. He stated that sets the Steering Committee up to do the steps, which need to be laid out before any steps can be performed. Council Member Dunn stated he does not feel this is a call to action. He stated it is an endorsement of the Arts Center. He stated there are a lot of issues, but this will get the Steering Committee started. Council Member Reid retracted his amendment and proposed striking the "further resolved" as suggested by Council Member Wright. Council Member Wright withdrew his amendment to strike the "further resolved" . Council Member Reid stated he is concerned that nothing will happen without Town money. He stated he can accept the report without the last "further resolved". Council Member Dunn questioned whether that would remove any requirement for the Steering Committee to report to Council. Mayor Umstattd stated they are voting on the Resolution as drafted by staff without any amendments. The motion was passed by the following vote: Aye: Butler, Dunn, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Martinez absent) b. Letter to Governor Kaine - Interstate Transmission Lines/SCC Requlatorv Process Council Member Wright made a motion to send a letter to the Governor regarding Interstate Transmission lines and the SCC Regulatory Process. The motion was seconded by Council Member Dunn and approved by the following vote: The motion was passed by the following vote: Aye: Butler, Dunn, Reid, Wright and Mayor Umstattd Nay: None Vote: 5-0-2 (Hammier, Martinez absent) 15. COUNCIL COMMENTS Council Member Reid stated the Economic Development Commission had a presentation on the Design Guidelines. He stated they are working on submitting the 250th Anniversary Celebration for an award through the Loudoun Convention and Visitor's Association. He stated the SRTC has reported on the Driver Feedback signs. He stated he regretted being unable to attend the Rescue Squad dinner and the Martin Luther King day celebration. He stated he appreciates the NVRC writing to various senators regarding the Infrastructure grants. He stated his source on the Senate Commerce Committee believes only $700 million will be allocated to the State of Virginia. He requested those attending VML Day ensure the allocations are not only sent to distressed communities because jobs created in Northern Virginia ---_._-_.__.-..,-~,.-.- Town Council Meetinq of January 27 , 2009 Paqe 8 will help other areas of the state. He stated it is important for VML to speak with one voice and ensure the money trickles down to areas with transportation problems. He thanked the BAR for doing a great job on the Design Guidelines. Council Member Butler stated there was a Tree Commission meeting last week. He stated he agrees 100 percent with the Mayor that the Tree Preservation Ordinance needs to be made a priority. He requested dates for the Budget Worksessions be picked as early as possible. He stated the Rescue Squad dinner, which was very nice. He wished everyone a safe trip home. Council Member Wright had no comments. Council Member Dunn stated Vice Mayor Hammier would be coming forward with a myriad of disclosures regarding her meetings with George Mason University. He noted he was out of town during the Martin Luther King Day march. He wished everyone safe travels. 17. MAYOR'S COMMENTS Mayor Umstattd stated Council Member Martinez thanked the Street Crew for their efficient and rapid snow removal efforts and thanked the Parks and Recreation Commission for their recommended outdoor pool rates. She asked for an update on the VML Day activities. She stated Vice Mayor Hammier, Supervisors Kelly Burk and Andrea McGimsey were all present for the Martin Luther King Day march. She stated there were bands from all over the world. 18. MANAGER'S COMMENTS Mr. Wells stated VML Day is on February 5th. He noted they plan to leave as early at 7:30 a.m., but the departure time could change as meetings are still being scheduled with legislators. He stated they would not be congregating with the legislators and other jurisdictions for dinner. Council Member Reid asked for an update on Town Travel Policy. Mr. Wells stated there have been no specific restrictions on departmental travel for this fiscal year. He stated in the proposed budget, the only travel will be what is required for continued certification for a particular position. He stated it will be a significantly small amount of money. 19. CLOSED SESSION There were no Closed Sessions 20. ADJOURNMENT On a motion by Council Member Wright, seconded by Council Member Reid the meeting was adjourned at 9:06 p.m. p ATTEST: -,-~..._._..,-_..._._~".~-"_._.,.._---"_._'-~~ Town Council Meeting of January 27 , 2009 Page 9 Clerk of Council 2009_ TCMIN0127