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