HomeMy Public PortalAbout2010_tcmin0413COUNCIL MEETING
April 13, 2010
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Thomas Dunn, II, Vice Mayor Katie Sheldon Hammler,
David Butler, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen
Umstattd.
Council Member Absent: None
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Public Works Director Tom Mason, Director of Parks and
Recreation Richard Williams, Assistant Director of Recreation Kate Trask, Recreation
Programs Manager Jeremy Payne, Special Events Coordinator Rachel Goodwin,
Director of Finance Norm Butts, Senior Management Analyst Bob Berkey, Senior
Management Analyst Annie Carlson, Deputy Director of Utilities Aref Etemadi, Balch
Library Director Alexandra Gressitt, Director of Planning and Zoning Susan Berry Hill,
Deputy Director of Planning and Zoning Brian Boucher, Senior Planner Michael
Watkins, Senior Planner Mark Browning, Director of Plan Review Bill Ackman and
Clerk of Council Lee Ann Green
1. Call to Order
2. Invocation was lead by Council Member Wright
3. Salute to the Flag was lead by Council Member Butler
4. Roll Call showing all present
5. Minutes
a. Work Session Minutes of March 22, 2010
On a motion by Council Member Martinez, seconded by Council
Member Butler, the work session minutes were passed 7-0.
b. Regular Session Minutes of March 23, 2010
On a motion by Council Member Martinez, seconded by Council
Member Wright, the minutes were passed 7-0.
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Butler, seconded by Council Member
Martinez, the agenda was approved as presented.
The motion to adopt the meeting agenda passed by the following vote:
Aye: Dunn, Butler, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of April 13 2010 Paae 2
PRESENTATIONS
a. Celebrating the Life of Robert N Twioa - State Representative ]oe May,
accompanied by State Senator Mark Herring, read House Joint Resolution No.
176 °Celebrating the Life of Robert N. Twigg".
WHEREAS, Robert N. Twigg of Leesburg, a respected citizen, and
outstanding newspaper journalist, died on November 16, 2009; and
WHEREAS, Robert N. "Bob" Twigg was born in Cumberland, Maryland,
on December 8, 1946, the third of nine children to Regina and William Twigg,
and he graduated from Frostburg State University in Maryland; and
WHEREAS, Bob Twigg began his career in journalism at The
Cumber/and Times as a college student and continued working for the
newspaper after graduation; and
WHEREAS, a promising young report, Bob Twigg soon joined the
Hagerstown newspaper, where he became sports editor, covering the
Baltimore Orioles and the Baltimore Colts; and
WHEREAS, Bob Twigg moved to Pensacola, Florida and joined Gannett
Co., Inc., as an editor, and in 1983, he transferred to Washington DC, to be
part of Gannett's new newspaper USA Today; and
WHEREAS, during his distinguished 16-year career with USA Today,
Bob Twigg served as Washington/White House editor, national editor, and
senior reporter, covering the administrations of Presidents Regan, Bush and
Clinton; and
WHEREAS, a talented and accomplished journalist, Bob Twigg traveled
to the Malta Summit with George H.W. Bush; covered the first Gulf War,
contributing to a Gannett book on the war; and reported on the O.J. Simpson
trial and all major news events across the country; and
WHEREAS, when he retired from USA Today in 1997, Bob Twigg worked
as the publisher of Senior News In Loudoun County from 1996 to 2002 and as
editor of the Loudoun Times Mirror in 2005; and
WHEREAS, active in his community, Bob Twigg generously gave his
time and expertise to many civic organizations, including as chair of Loudoun
County's Christmas in April, a board member of the Loudoun YMCA, Blue Ridge
Speech and Hearing, Loudoun Chamber of Commerce, and as a Big Brother in
the Best Buddies program; and
WHEREAS, a mentor to his colleagues and an avid volunteer, Bob Twigg
received many awards and accolades over the years for his many contributions
to his profession and to his community; and
WHEREAS, Bob Twigg was a faithful member of St. James Churc; and
he made mission trips to Pine Ridge, the Lakota/Sioux Reservation in South
Dakota, and New Orleans after Hurricane Katrina; and
WHEREAS, Bob Twigg will be fondly remembered and greatly missed by
his wife, the former mayor of Leesburg, B.J. Webb; his family, Michael Twigg,
Town Council Meeting of Aoril 13 2010 Paoe 3
Russell Wright and his wife Carrie and daughter Helena, Kevin Wright and his
wife Dena and daughter Katelyn; his five brothers and three sisters; and
numerous friends and admirers; now; therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That the
General Assembly mourn the passing of a fine journalist and outstanding
Virginian, Robert N. Twigg; and, be it
RESOLVED FURTHER, That the Clerk of the House of Delegates prepare
a copy of this resolution for presentation to the family of Robert N. Twigg as
an expression of the General Assembly's respect for his memory.
b. Proclamation -Library Week 2010
On a motion by Council Member Martinez, seconded by Vice Mayor
Hammier, the following Proclamation was approved:
PROCL4MAT/ON
National Library Week
April 11-17, 2009
WHEREAS, libraries everywhere play a vital role in supporting
the quality of life in their communities; and
WHEREAS, our nation's school, academic, public and special
libraries make a difference in the lives of millions of Americans, today,
more than ever; and
WHEREAS, librarians are trained professionals, helping people
of all ages and backgrounds fnd and interpret information they need to
live, learn and work in a challenging economy;
WHEREAS, libraries serve as crucial technology hubs for people
in need of free Web access, computer training, and assistance finding
job resources; and
WHEREAS, libraries are part of the American Dream -places
for opportunity, education, self-help and lifelong learning;
WHEREAS, library use is up nationwide among all types of
library users, continuing adecade-long trend;
WHEREAS, libraries, librarians, library workers and supporters
across America are celebrating National Library Week with The
Campaign for America's Libraries.
NOW, THEREFORE, the Mayor and Council of the Town of
Leesburg in Virginia hereby proclaim National Library Week, April 11-
17, 2010: Communities Thrive @ Your Library and encourage all
residents of Leesburg, Virginia to visit Thomas Balch Library this week
to take advantage of the unique historical and genealogical resources
Town Council Meetino of Aoril 13 2010 Paae 4
available, and to thank their librarians and library workers for making
information accessible to all who walk through the library's doors.
PASSED this 13`" day of April 2010.
c Proclamation -Earth Dav 2010
On a motion by Council Member Martinez, seconded by Vice Mayor
Hammler, the following Proclamation was approved:
PROCLAMAT/ON
EARTH DAY
APRIL 22. 2010
WHEREAS, then U.S. Senator Gaylord Nelson proposed the f rst
Earth Day which took place on April 22, 1970, in which 20 million
Americans took to the streets to demonstrate for a healthy sustainable
environment; and
WHEREAS, the 1970 celebration of Earth Day kindled the bi-
partisan support which lead to the creation of the Environmental
Protection Agency and the passage of the Clean Air, Clean Water and
Endangered Species Acts; and
WHEREAS, Senator Gaylord Nelson was later awarded the
Presidential Medal of Freedom for his role as Earth Day founder; and
WHEREAS, Earth Day has become aworld-wide celebration
joining over 5,000 environmental groups and reaching hundreds of
millions of people in over 184 countries; and
WHEREAS, Virginia is home to many organizations who tirelessly
work for environmental preservation and conservation; and
WHEREAS, education is the best way to combat the
environmental issues that face us today.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim April 22n° of the Year 2010 as Earth Day in the
Town of Leesburg and urge all citizens to support local environmental
organizations and do their part to ensure a cleaner, healthier and diverse
world for the generations to come.
PROCLAIMED this 13`"day of Aoril 2010.
d. Proclamation -Arbor Dav 2010
On a motion by Council Member Martinez, seconded by Vice Mayor
Hammler, the following Proclamation was approved:
Town Council Meeting of Aoril 13 2010 Page S
PROCLAMAT/ON
ARBOR DAY
APRIL 17, 2010
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska
Board of Agriculture that a special day should be set aside for the
planting of trees; and
WHEREAS, this special day, called Arbor Day, was first
observed with the planting of more than a million trees in Nebraska;
and
WHEREAS, trees provide many benefits to our community, such
as reducing the erosion of topsoil, moderating temperatures, reducing
heating and cooling costs, cleaning the air and water, they also produce
oxygen and provide a habitat for wildlife; and
WHEREAS, planting trees and maintaining mature trees in our
town increases property values, enhances the economic vitality of local
businesses, and beautifies our community; and
WHEREAS, the Town of Leesburg is recognized by the National
Arbor Day Foundation as a Tree City USA community for twenty-one
consecutive years and desires to continue its tree planting ways.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim April 17 as the official Arbor Day of the Town
of Leesburg for 2010.
PASSED this 13`" day of Aoril 2010.
e. Proclamation - KOVAR Assisting Virginia Citizens with Disabilities Week
On a motion by Council Member Martinez, seconded by Vice Mayor
Hammier, the following Proclamation was approved:
PROCL4MAT/ON
ASSISTING VIRGINIA CITIZENS WITH DISABILITIES
WEEK
APRIL 15 -APRIL 18. 2010
WHEREAS, The Knights of Columbus Holy Family Council's of
Virginia have been organizing their annual KOVAR (Knights of Virginia
Assisting Citizens with Mental Retardation) since 1971; and
WHEREAS, over the past 27 years the Knights of Columbus have
__ collected and distributed over $12 million for organizations that assist
residents of Virginia with mental retardation; and
Town Council Meeting of Aoril 13 2010 Paoe 6
WHEREAS, KOVAR grants have provided much needed
assistance to organizations in Leesburg, including ARC of Loudoun
County, Loudoun County Government, Hebron Community, Inc., ECHO,
and the Special Recreation Advisory Board Inc.; and
WHEREAS, last year the Knights of Columbus raised $618,000
and have set a goal of $650,000 for 2010.
THEREFORE, RESOLVED, the Mayor and Council of the Town of
Leesburg in Virginia hereby proclaim the week of April 15-18, 2010 as
Assisting Virginia Citizens with Disabilities Week in the Town of Leesburg
and extend our thanks to the Knights of Columbus Holy Family Council
No. 6831 for their dedication, leadership and efforts on behalf of the
citizens of the State of Virginia, Loudoun County and the Town of
Leesburg.
PROCLAIMED this 13`" day of A ril 2010.
8. PETITIONERS
The Petitioners section was opened at 8:01 p. m.
Su Webb, Hamilton, Virginia, stated that more than 20 years ago, she came
before Town Council as president of the Downtown Business Association and asked
the Council for $5,000 to help with the Christmas celebration. She stated that then
Mayor Sevila said "these are our businesses and our business community and we
need to help them". She thanked the Council on behalf of the business community
for all the assistance the Town has provided over the years. She stated the Flower
and Garden Festival has really grown over the years. She noted the Garden tour will
benefit the scholarship fund.
Stanley Caulkins, stated the Flower and Garden Festival has been an amazing
event to watch develop.
Neelv Law, 213 Lawford Drive, stated her comments are related to the public
participation project for the stormwater management pond that is part of the South
King Street Widening project. She stated as a resident of Greenway Farm, which is
adjacent to the original siting for the stormwater management pond, she was
discouraged. She stated it wasn't until the neighbors found out about the site and
possible loss of trees by accident, they became aware of it. She stated there needs to
be greater effort on behalf of Council and staff to have a greater consideration and
proactive approach to including and identifying the interests of the community prior to
siting a project. She added that once the citizen awareness was brought forward to
Council and staff, a very productive discussion has occurred. She stated she supports
the amendment to funding in the CIP that shows a different site for the stormwater
management pond as part of the Route 15 widening project.
The Petitioners section was closed at 8:09 p. m.
Council Member Reid questioned whether the CIP would need to be amended
to include the additional quarter million dollars to move the stormwater management
pond.
Mr. Wells stated that capital project is included in the resolution as part of the
budget. He stated voting on the budget will take care of the appropriation.
Town Council Meeting of April 13 2010 Page 7
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Reid, seconded by Council Member Martinez,
- the following consent agenda was proposed:
a. Making an Appointment to the Technoloov and Communications
Commission (Hammlerl
RESOLUTION 2010-033
Making an Appointment to the Technology and Communications
Commission
b. Assignment of Council Appointments to VML Committees
MOTION 2010-003
Assignment of Council Appointments to VML Committees
c. Authorizing Land Use Permits from the Virginia Department of
Transportation fVDOT) on Roads other Than Limited Access Roads
RESOLUTION 2010-034
Authorizing Land Use Permit Applications for Construction of Capital
Improvement Projects on Roadways other than Limited Access
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
10. TAX RATE ADOPTION AND BUDGET PUBLIC HEARING
a. Setting Tax Rates
On the motion of Council Member Wright, seconded by Council Member
Martinez, the following was proposed:
ORDINANCE 2010-0-007
Reordaining and Amending the Town Code Setting Taz Rates on Real
Estate, Vehicles Used as Mobile Homes or Offices, Aircraft, Tangible
Personal Property, Public Service Corporations, and Bank Capital for
Tax Year 2010
Council Member Dunn made a motion to amend which would change
the tax rate to $0.19 per $100 of assessed value. The motion to amend was
seconded by Council Member Reid.
The motion to amend failed on the following vote:
Aye: Dunn and Reid
Nay: Butler, Hammler, Martinez, Wright, and Mayor Umstattd
Vote: 2-5
Council Member Reid stated everywhere he goes he hears that people
are very concerned about taxes. He stated last year he was sad that the tax
rate was raised and this year assessments in many communities have gone
up. He stated with the county raising their rate by a penny, it is incumbent
Town Council Meeting of April 13 2010 Paae 8
upon the town to reduce the burden on the citizens. He stated he will continue
to fight for that in the future.
- Council Member Butler stated although there are some communities
where the assessments have increased, the $0.195 tax rate is less than the
equalized tax rate, which makes the fifth year in a row the average tax bill for
Leesburg's residents has gone down. He stated he would like to continue that
streak, but there are difficulties ahead because there will be a lot of things that
will need to be caught up and lowering the tax rate below $0.195 will make it
that much harder to catch up next year.
Vice Mayor Hammler thanked Mr. Wells and staff for their hard work on
the budget. She stated each member of Council has gone through all the line
items and scrutinized each one seeking zero use of carry over and additional
reductions. She stated there are deferred costs that will need to be considered
in the coming years, as well as keeping the town's bond rating strong. She
stated she is proud this town can come out of the recession with a reduction in
the average tax bill and in a strong financial position.
Council Member Dunn stated in going through the line items, he came
up with $400,000 in comfortable cuts. He stated including areas that are
sensitive to Council and the Town Manager, he came up with over $900,000 in
cuts. He stated because we are not looking at some areas more closely and
are not willing to publicly address them, we are keeping from being able to
give the town employees raises of as little as 1%. He stated a half of a cent
cut could have freed up some savings for the people of Leesburg and still meet
the town's financial needs.
Mayor Umstattd stated this tax rate of $0.195, while assessments on
average has fallen, will result in a fifth year of lower real estate taxes for the
average homeowner in Leesburg. She stated that this budget, despite the
financial conditions, manages to maintain services that the town citizens value
whether it be police protection or pick up of leaves, brush, trash, and
recyclables. She stated it keeps the park system open and operating, keeps
anti-gang measures effective and operational so it benefits the citizens.
Council Member Wright stated he is appreciative that the Council is able
to adopt a taz rate that generates a lower average tax bill. He stated Council
has to focus on the average tax bill and as assessments start to move up,
Council has to be as mindful of the average tax bill as we move out of the
recession. He stated he appreciates that staff took some of the recommended
cuts suggested by Council and generated over $400,000 in cuts in the General
Fund, which allows Council to adopt a balanced budget which positions the
town well as we come out of the recession. He stated it is important that the
town come out of the recession in a multi-year fashion which is the principle
the town used to weather the recession.
The original motion was approved by the following roll call vote:
Aye: Butler, Hammler, Martinez, Wright, and Mayor Umstattd
Nay: Dunn and Reid
Vote: 5-2
b. Public Hearing -Adopting the FY 2011 Budget
The public hearing was opened at 8:24 p.m.
Town Council Meetino of Aoril 13 2010 Paae 9
Mr. Wells stated the presented ordinance includes all the changes as
discussed at Monday night's work session.
There were no citizens wishing to address Council.
On a motion by Council Member Wright, seconded by Council Member
Butler, the following was proposed:
ORDINANCE 2010-0-008
Adopting the Budget for Fiscal Year 2011, Making Appropriations for the
General Fund, Utilities Fund, Airport Fund, Capital Projects Fund, Irwin
W. Uran Fund, and Valeria Symington Fund, Authorizing Continuation of
the Revenue Stabilization Reserve; Authorizing supplemental Budget
Amendments and Appropriations by Council Resolution; and Authorizing
and Directing the Town Manager to Take All Steps Necessary and
Prudent to Effectuate the Implementation of this Ordinance
Council Member Wright stated this budget looks at taking the town
forward while fulflling all the obligations to the town citizens as well as cutting
costs from the Utility Fund to make the expenses meet revenues.
Council Member Butler applauded staff for making cuts in the budget in
order to maintain the tax rate. He stated he is concerned that a number of
items had to be deferred but this level of budget reductions and maintenance
of the savings program, puts the town in good shape.
Mayor Umstattd made a motion to add an additional police officer to the
budget. She clarified that it would not have an impact on the tax rate.
Council Member Wright clarifed that this would be an additional officer
to the budgeted School Resource officer.
The motion was seconded by Council Member Dunn.
Council Member Reid questioned where the money would come from.
Mr. Wells stated the current numbers show an additional $90,000 in
revenue projected from the tennis facility. He stated he is comfortable enough
to count on this added revenue.
Council Member Reid made a motion to add that the funds for this
additional officer come from the advertising budget for economic development
as he is concerned about taking funds from the Parks and Recreation
Department.
Mayor Umstattd stated she would rather allow the Town Manager to
identify the actual funds and advise Council if the revenues from the tennis
bubble are not adequate.
Vice Mayor Hammier stated her feeling is it is best to follow the original
recommendations made by the Chief of Police.
Town Council Meeting of Aoril 13. 2010 Paae SO
Council Member Dunn recapped last year's budget deliberations and
discussions on police officers. He stated he would like to make a motion for an
additional officer. He stated that the cuts he would like to see would allow this
- since even adding two new officers, we will still be short on officers as per the
Police Department's Strategic Plan. He stated our prime directive is the health
and safety of the residents.
Council Member Butler stated public safety always sells in an election
year and it is clear who is not running for office in May. He stated the average
number of deputies on the street for unincorporated areas of the county is less
than half the ratio in Leesburg and are still above the national average. He
stated coupled with the fact that Leesburg's crime rate is half the national
average. He stated he cannot justify adding additional officers over the one
included in the currently proposed budget at this time.
Council Member Wright stated he feels the needs for public safety have
been satisfied by the plan in place and while an additional officer this year will
still allow the town to remain in a balanced budget, the amount necessary to
fund that position will grow with time as well as additional equipment needs as
the police cars age.
Council Member Reid stated he would not support an additional officer
paid for from revenues raised through the parks department. He stated there
are unnecessary expenses in the direction and support budget and other areas
that could fund this additional officer position.
Council Member Dunn stated even though only some council members
_ are running for office, all council members are trying to score political points.
He recapped the events of last year's budget deliberations. He stated
weighing human life against aging computers and vehicles is tough. He
suggested funding come from employee training, publications, travel, meals,
and advertising.
Vice Mayor Hammier stated that despite the emotions of the events of
the summer, tonight has to be about facts. She noted the town has
continually taken on county responsibilities with respect to School Resource
Officers. She asked for clarification as to whether Council Member Reid
supports the beat officer in addition to or in replacement of the school
resource officer.
Council Member Martinez made a motion to table the discussion until
the firs[ meeting in May, after the elections. He noted the money will still be
there, but political considerations would be lessened after the election. The
motion was seconded by Dave.
Council Member Dunn questioned whether an amendment could be
tabled.
Ms. Irby stated she would have to research that question.
Mayor Umstattd stated she would allow a motion to table the
amendment to add an additional officer.
Town Council Meetino of Aoril 13 2010 Paae 11
The vote to table the amendment was as follows:
Aye: Butler, Hammler, Martinez, Reid, and Wright
Nay: Dunn and Mayor Umstattd
- Vote: 5-2
It was clarified that the budget as presented specifies a School
Resource Officer.
Mayor Umstattd stated that School Resource officers are not just
reserved for SRO work.
Council Member Dunn made a motion to add two additional officers to
the budget. The motion was seconded by Mayor Umstattd.
A motion to table was made by Council Member Butler, seconded by
Vice Mayor Hammler.
The vote to table the amendment was as follows:
Aye: Butler, Hammler, Martinez, and Wright
Nay: Dunn, Reid and Mayor Umstattd
Vote: 4-3
Council Member Reid made a motion to change the officer included in
the budget to a beat officer rather than an SRO. The motion was seconded by
Council Member Dunn.
Vice Mayor Hammler stated her position is that the County should be
_ fully funding this position as the new high school is a county school; however,
if the officer approved is not an SRO, the town would have to forego the
$50,000 funded by the county, which she noted does not make sense
programmatically but underscores the need for the town to work closely with
the county on the SRO issue. She stated she supports Chief Price's
recommendation that this be an SRO.
Council Member Wright stated the parents of children who will be
attending Tuscarora High School, including himself, do not care who is funding
the SRO position, but they want their children to be protected. He stated for
the past 15 years, the town has been providing SROs for schools within the
town limits. He noted at no point did the town say they would not put an SRO
at Tuscarora if not fully funded by the county. He stated he wholeheartedly
supports having a discussion regarding full funding with the county and
working through these issues but this is not the time or place to for it as the
parents do not care what color the uniform is, they just want an officer at the
high school.
Council Member Reid disagreed and stated he is confident this would
cause the county to be able to find the funds to fill the SRO position at
Tuscarora. He stated the town is too willing to take on the county's
responsibilities.
Council Member Butler stated that this would be going back on a
commitment with the county and he is more than happy to have this
conversation with them at another time. He noted that this is the budget
presented by the town manager and his assumption would be that the town
Town Council Meeting of April 13 2010 Page 12
manager consulted the Chief of Police when putting this budget together so
this is what the Chief of Police recommends. He noted his comment about the
election was meant to be humorous and he apologized for his attempt at
humor.
Council Member Martinez stated having had three children go through
the high school system with a School Resource Officer, he is not willing to play
"chicken" with the county. He stated there is value in services with the
county. He stated the county does a lot for the town so the town needs to
make sure when asking for the county to pay for the SROs, the result will be in
the best interest of the town's citizens.
Council Member Dunn stated he is encouraged [hat Council is willing to
discuss the SROs with the county. He stated he asked the Sheriff's
department what would happen if the town stopped providing SROs, and the
Sheriff's department said they would have to make due and provide
something. He stated other towns within the county do not have to provide
SROs. He suggested a joint meeting with the Board of Supervisors.
Vice Mayor Hammler stated this should have been brought before the
Board of Supervisors before they had to vote on their budget.
Mayor Umstattd pointed out that SROs do an important job in the
community and there is a genuine public safety interest in having the SROs be
Leesburg Police Department officers in Leesburg schools. She noted the
students feel comfortable with these officers as law enforcement is a
community based effort here. She stated she trusts Chief Price to know where
his resources need to be allocated. She stated she supports getting a larger
reimbursement from the county, but she feels Leesburg officers need to be the
SROS in Leesburg schools.
The vote to amend the budget to change the SRO to a beat officer
failed by the following vote:
Aye: Dunn and Reid
Nay: Butler, Hammler, Martinez, Wright and Mayor Umstattd
Vote: 2-6
The motion to approve the FY2011 budget was approved on the
following roll call vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
c. ADOrovina the FY 2011-FY2015 Capital Improvements Program
On a motion by Council Member Wright, seconded by Council Member
Butler, the following was proposed:
RESOLUTION 2010-035
Approving the FY 2011- FY 2015 Capital Improvements Program in the
Amount of $67,585,906
Council Member Wright stated the CIP includes what was promised
without a lot of new projects. He stated a light at Battlefield and Catoctin is
Town Council Meeting of April 13 2010 Paoe 13
still included in the CIP as well as numerous road and transportation
improvements. He stated the town is also migrating to using more cash
funding as opposed to bond funding,
Council Member Butler stated this CIP accurately reflects the town's
highest priorities. He noted some projects were moved off, but during these
economic times those were good decisions.
Vice Mayor Hammler stated she supports keeping at light on Battlefield
Parkway, but questioned whether putting it at Catoctin is the best place. She
questioned whether Plaza would be more appropriate. She suggested a
friendly amendment as follows: "Design work shall not begin until a final
location for a traffic signal on Battlefeld Parkway between North Kinq Street
and the Route 15 bypass is determined by analysis of the conditions as part of
a traffic engineering study that will evaluate current and future traffic volumes,
turning movements, signal warrants, pedestrian needs and other important
data".
Mayor Umstattd stated neighborhoods generally want traffic devices
prior to the warrants being met. She questioned whether this limits Council's
ability to put the signal up before it is warranted by the state.
Mr. Wells stated that is not the intention of the amendment. He stated
the concern raised by the public is that the signal device be installed before
traffic conditions warrant. He stated by having the money available in the CIP,
so that as conditions develop in that area, the best location for a signal can be
chosen.
Council Member Wright restated Vice Mayor Hammler's proposed
amendment, "The light on Battlefield, currently targeted for Catoctin Circle,
staff will evaluate and determine the best placement for that light and report
back to Council before construction is awarded."
Both Council Members Wright and Butler accepted the proposed
amendment as friendly.
Vice Mayor Hammler questioned why the Virginia Municipal League
continues to recommend why municipalities not take up the responsibilities
where the state is failing. She specifically pointed out Battlefield Parkway
through the Meadowbrook development stating it is important to move
construction on that part of the road. She asked when construction is slated
to begin as the town is allocating town taxpayer funds for a road that is a state
responsibility. Vice Mayor Hammler stated for the record, the town is actively
seeking state funding for that section. She stated Delegate May and Senator
Herring are continuing to support this request and will look at whether
remaining funds leftover from the Route 28 project can be used.
Mr. Wells stated that section should commence construction in spring
2011.
Council Member Reid stated we can go ahead with this section, but we
will be looking for state funds.
Town Council Meetino of Aoril 13 2010 pane 14
Vice Mayor Hammler offered an amendment to note [hat the funds for
the section of Battlefeld Parkway through Meadowbrook would be held
pending allocation of funds from the state.
This was not accepted as a friendly amendment.
Vice Mayor Hammler clarified her amendment that the project could
continue as scheduled, but the state funding would continue to be sought.
Council Member Wright stated he would accept this clarifcation as he
does not want to impact the schedule.
Council Member Butler accepted this amendment as friendly.
Vice Mayor Hammler offered this amendment concerning the Southwest
Connector Trail, "Postpone construction of Phase I until a formal vote of
Council pending additional staff research regarding broad-based community
support". She noted it is currently slated for construction this fall.
Council Member Wright did not accept this amendment as friendly.
Mayor Umstattd seconded Vice Mayor Hammler's motion to amend.
Council Member Wright stated there were several public hearings on
the CIP, numerous community meetings, and a trails task force. He stated he
has a problem with postponing and re-voting on something that should be
voted on with the CIP and is an existing project that has already cost
$550,000 for design and implementation. He stated he supports broad-based
community involvement, specifically on Phase III. He stated Council does not
need to re-vote at every step and let the Capital Projects Department
implement the promise Council made to the community.
Mayor Umstattd stated she does not perceive the same level of public
interest in this project that she perceived for the Chancellor Street trail. She
stated her fear is the town is embarking on a $7 million project, which the
public may not feel is necessary since the construction of the South King
Street trail, which will extend to Virt's Corner. She stated she does not want
to waste money if most residents have found that the South King Street trail
meets their needs.
Council Member Dunn stated there are a number of communities
outside the bypass that do not have any means to connect to town. He stated
many citizens are accepting the South King Street trail as a viable alternative
to this trail system. He stated the Planning Commission has recommended
that this trail be limited and recommended limiting this as far as funding goes
to $2 million. He stated while the town has spend money on design, it does
not make sense to send good money after bad. He suggested making safety
improvements to the existing South King Street trail.
Council Member Reid suggested postponing the project until feedback
can be received from the community. He noted the South King Street trail will
be finished to Greenway Drive at federal expense as part of the South King
Street widening project. He concurred with the Mayor that there appears to be
more interest in the South King Street Trail.
Town Council Meeting of Aoril 13. 2010 Paae 15
Council Member Butler stated he has heard from an extraordinary
number of people who are in support of putting the trail across the golf course
and are amazed that this trail is being reconsidered. He noted the Trails
Committee never intended the South King Street trail to be a bicycle trail. He
stated making it safe for bike riders and pedestrians would be a great
additional expense as it is only a sidewalk under the bypass. He stated while
this is an expensive trail, it was perceived as a phased trail network to connect
the southwest communities outside the bypass with the W&OD trail. He noted
these communities have been waiting for 15 years for this amenity.
Council Member Wright stated the South King Street trail will get the
communities connected to Phase I, which will get you over the bypass. He
stated that we have agreed to discuss Phase III with the community, but
Phase I is what makes the trail system work, He stated this is a transportation
improvement that does not just connect to the W&OD, but is a connection to
education, recreation, and employment.
Council Member Martinez stated most people in the southwest support
the trail. He stated he cannot support changing what has already been done
by supporting this amendment.
Council Member Dunn pointed out that his neighborhood does not have
connectivity to the W&OD. He stated he is proud that the sidewalk on
Edwards Ferry Road has been constructed, but is still concerned about the
pedestrians crossing the Route 15 bypass at the Edwards Ferry and Fort Evans
Road intersections. He stated this is a priority since the southwest community
has a method of crossing the bypass using the South King Street trail, He
added he does not feel crossing the golf course is a safe alternative for Phase
III.
Council Member Reid stated he has found residents in other parts of
town who are concerned about the cost of this project. He stated he supports
this amendment after a lot of deliberation.
Vice Mayor Hammler stated she has struggled with this because she
has such a great deal of respect for the process and the work of the trails
committee. She stated this will be an important opportunity to solicit the
feedback that Council needs to feel like they have done right by every single
taxpayer.
The amendment was approved by the following vote:
Aye: Dunn, Hammler, Reid, and Mayor Umstattd
Nay: Butler, Martinez, and Wright
Vote: 4-3
Council Member Reid offered an amendment to direct staff to examine
the feasibility of a left turn lane on Sycolin Road southbound at Tavistock
Drive.
Council Member Wright stated this is more of an initiative rather than
an addition to the CIP.
Mr. Wells stated analysis and study can be done outside the CIP.
Town Council Meeting of Aoril 13 2010 Paoe 16
Council Member Reid agreed and asked it to be put on the work session
agenda. He added there is a dispute regarding softball practice fields. He
questioned whether another diamond could be put at the end of Fox Ridge
-- Park and questioned whether this can be put on a future agenda as well.
Mayor Umstattd restated her concern about the downtown projects.
She stated the Council needs to be very mindful about the impact on ezis[ing
businesses. She stated they have not yet determined what projects will be
funded, but $5 million has been allocated for these projects. She stated the
downtown is in good shape the way it is and another one of her big concerns is
the amount of money needed when there are other projects that need
attention.
Vice Mayor Hammler stated Purceliville received grants for downtown
improvements and suggested this be looked at as a possible funding source.
Council Member Dunn stated the Mayor brought up valid points but
part of the planning process is to mitigate impact on businesses and visitors.
He stated the entire $5 million may not be needed and is spread out over five
years.
Council Member Wright stated he is disappointed by the southwest
connector trail amendment as he feels it will be seen as the first step in
dropping the trail project and urged the southwest community to come out and
fight for the trail. He stated he proud of the CIP overall and thrilled about
saving the trees in the South King Street widening process and credited the
community with bringing this forward.
The motion to approve the CIP as amended was passed by the
following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
11. PUBLIC HEARINGS
a. Aooroving TLZM 2009-0008 Villaoe at Leesburg Concept Plan and
Proffer Amendment
b. Aooroving Special Exception TLSE 2009-0007 Villaoe at Leesburg
Theater
The public hearings for TLZM 2009-0008 and TLSE 2009-0007 were
opened at concurrently at 10:11 p.m.
Michael Watkins summarized the applications for these public hearings
which allow an increase in theater use to 62,000 square feet and an increase
in restaurant use to 28,000 square feet. He stated the special exception
includes a request for the theater use of 62,000 square feet with a maximum
of 1900 seats and the option to utilize 6000 square feet of associated
theater/restaurant use for this property, which is zoned B-4. He added that
the applications do comply with the Town Plan which permits a mixed use of
office, retail, and residential uses similar to the development permitted under
the existing zoning.
Town Council Meeting of Aoril 13 2010 Paae 17
He noted that staff recommends one revision to the Concept Plan,
which is revision of the off-se[ intersection to align it. He noted the updated
resolution presented tonight reflects needs of a possible tenant which were not
reviewed by the Planning Commission.
Michael Banzhaf, representative for the applicant, Cypress Equities. He
stated the process for these applications has taken half the time it would
normally take due to staff's assistance. He welcomed comments from Council.
Council Member Dunn stated there have been some comments from the
community about the "adult" section of the theater. He asked for an
explanation of the "adult" section for the citizens.
Mr. Banzhaf stated this project is very similar in concept to Reston
Town Center. He noted the "adult" section would be the dining section that
serves alcoholic beverages. He clarified that no "adult" movies would be
shown at this theater as this is a very family oriented operation.
Council Member Dunn asked Mr. Banzhaf to address security concerns
for this area.
Mr. Banzhaf noted currently there is security in place to keep loiterers
out and is one piece of this project. He noted all the communal areas such as
parking garages, streets, and alleys are private property and will be secured
just like any mall. He noted the only public streets are Russell Branch and
Crosstrails. He stated the hours of operation include time to allow the staff to
clean up and leave after the final film is shown.
Vice Mayor Hammier noted there is a correlation between the increase
in retail uses and the pressure on the public safety sector so her big concern is
that the town is properly compensated as more retail activities are added.
Council Member Martinez stated that while he is loyal to the Tally Ho, it
is good to know that there are other options. He asked for clarification of the
Planning Commission vote.
Council Member Wright stated the approval was unanimous and the
Planning Commission accepted the applicant's configuration for the off-set
intersection as reflected in the application. He questioned whether the off-set
intersection can be fixed.
Mr. Banzhaf stated redesign of the intersection would interfere with the
LA Fitness lease as well as the theater tenant.
Council Member Reid stated he had a conversation with Mr. Banzhaf
earlier this week. He noted there is an effort in the town to build a pertorming
arts center. He questioned whether the applicant would be willing to look at
one of the theaters as a performing arts venue at some point down the road.
Ms. Irby noted that this is a proffered rezoning. She stated this type of
question would be appropriate after the application is approved.
_ Council Member Reid expressed concern about movies starting after
midnight.
Town Council Meeting of Aoril 13 2010 Page 18
It was noted by the applicant that the movies would be finished by
normal hours of 12-1 o'clock. He also noted that Cobb often rents out the
theaters for lock-in activities for youth through schools and community groups
and they did not want to eliminate that use for the community.
Staff discussed this would be a private business decision and there are
no residential uses adjacent to the theater. There was discussion regarding
security issues. The applicant assured Council that private security is provided
by Cypress and even though it is a private facility, there is a clause allowing
public access.
There was discussion regarding the operation of the theater and
whether the theaters would be rented out. The applicant stated that Cobb
would operate the facility and would be able to rent out individual theaters,
but the theaters could not be combined into larger units. He noted he was not
sure of the size of each individual screening area.
There were no citizens present to speak on either of the public hearings
regarding the theaters at the Village at Leesburg.
The public hearings were closed at 10:39 p.m.
On the motion of Council Member Martinez, seconded by Council
Member Dunn, the following was proposed as presented without modification:
ORDINANCE 2010-0-009
_ Approving Concept Plan and Proffer Amendment TLZM 2009-0008,
Village at Leesburg, Amending TLZM 2008-0010 to Allow an Increase in
Density for the Theater and Restaurant Uses within Landbays A and B,
of the Village at Leesburg, Located at Crosstrail Boulevard and Russell
Branch Parkway
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On the motion of Council Member Martinez, seconded by Council
Member Butler, the following was proposed with conditions as outlined in the
staff report:
RESOLUTION 2010-0036
Approving Special Exception TLSE 2009-0007, Village a[ Leesburg
Theater, On the Property Having PIN number 149-28-0023, and
Located Near the Intersection of Russell Branch Parkway and Village
Market Boulevard
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of April 13 2010 page 19
c. Approving Special Exception TLSE 2008-0014 McDonalds LLC
The public hearing was opened at 10:41 p.m.
Mark Browning summarized the special exception application for a
restaurant with drive through facility in the B-2. He stated this will replace the
existing restaurant built in the 1970s on the site, which will be demolished. He
stated the existing restaurant does not meet a number of current Zoning
Ordinance and Design and Construction Standards Manual standards. He
noted the proposed facility will not have a play land area and will occupy a
smaller building footprint. He noted the existing site does not have a loading
space as it was not required when the site was developed in the 1970s. He
noted the applicant has offered off-site frontage improvements along Market
Street.
He discussed the height of the building, which will visually replicate a
two story building, but will only include one story as McDOnald's has
determined there is too high of a liability risk associated with two story
buildings.
He stated the applicant seeks four modifications: One for the east
buffer, one for the west buffer, one for the south buffer and a parking
modification. He stated the zoning ordinance requires a 10 foot buffer with an
S-2 screen and the applicant requests a 1-6 foot buffer with no S-2 screen,
which is an improvement over the current non-existing buffer. Staff
recommends approval of this modification. The applicant requests a
modification of the west buffer to a 2-foot buffer with a limited S-2 screen. He
stated staff supports the modification because of the constrained nature of the
site, the reduced footprint of the building and the improvement over the
existing conditions. He stated the applicant proposes an 8 foot buffer with
decorative retaining wall and fence with limited S-2 screen on the south
boundary.
Vice Mayor Hammler questioned whether the street sign was
addressed.
Brian Boucher stated the sign was discussed earlier in the process, but
the applicant wished to retain the sign.
Vice Mayor Hammler stated the current sign will detract from the
improvements and the overall plan for the district.
Council Member Reid expressed concern that the play area will be
eliminated. He noted there will only be one more fast food play area in town.
The applicant stated the play areas are becoming a large liability and
have become less popular with children. He also noted the existing sign is the
only thing that will identify this site as a McDOnald's and added that it is a
historic McDOnald's sign.
Mr. Boucher stated this is a legally non-conforming sign. He noted the
sign could only be removed with a change of use.
Town Council Meeting of Aoril 13 2010 Paae ZO
Gary Kilfeather, the construction manager for McDOnalds stated he has
been working with the planning staff for a little over two years to come up with
a design that will provide better site circulation, better pedestrian access, and
a more inviting restaurant.
Council Member Dunn expressed concern with the distance from the
sidewalk and the false two-story facade. He questioned why form based code
has not been used for this site.
Mr. Browning noted the special exception is required only for the drive-
through and the drive-through precludes the building being up against the
road as a safety hazard.
Mr. Boucher noted a fast food restaurant is permissible under the
existing zoning and under special exception guidelines, you mitigate negative
impacts on surrounding properties by imposing restrictions. He stated this
business has been here for more than 30 years, so to hold them to the new
standards would not be appropriate. He stated they had a desire to get the
site rebuilt to more modern standards including interior parking lot
landscaping, wider travel lanes and better pedestrian circulation. He noted the
parking spaces currently do not meet length and width standards, but will
under the proposed plan.
Council Member Martinez commended the applicant for keeping the
property and improving on it. He added he understands that the sign is
grandfathered.
_ Council Member Wright stated while there was a unanimous
recommendation for approval from the Planning Commission, they talked
about whether atwo-story building was possible and the answer was that
McDonald's does not build two-story restaurants anymore. He also discussed
the loss of the trees on the back of the property due to the retaining wall and
noted that the tree loss is not because of the addition of the loading space, but
because of the storm water management requirements. He noted he would be
happier if there was a monument sign, but he cannot hold up a special
exception over something that is legally allowed.
Mayor Umstattd stated this looks light years better than what is there
today and she stated she appreciates their commitment to aesthetics.
There were no citizens desiring to address this public hearing.
On the motion of Council Member Dunn, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2010-037
Approving Special Exception TLSE 2008-0014, McDOnald's, LLC,
Restaurant and Drive-through Facility, Located at 335 East Market
Street
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
Town Council Meeting of April 13 2010 Paae ZS
Council Member Reid clarified that he was voting against this
application because of the sign issues and the loss of the play land area.
d. Aoorovina Special Exception TLSE 2010-0001 Ooen Arms Daycare
The public hearing was opened at 11:24 p.m.
Mark Browning presented the application for a special exception for a
child care center in the B-2 zoning district. He noted there is an existing child
care facility which was approved by TLSE 2002-0005 permitting a maximum of
198 children and 20 staff persons. He stated the applicant seeks approval for
288 children and 48 staff persons during the largest single shift. He stated the
existing child care center will expand into adjacent areas of the same building
and no exterior changes are proposed.
He discussed the conditions, several of which are carryovers from the
pre-existing special exception including no chain link fences, speed tables, and
one way signs. He noted the applicant must remain compliant with state
licensing requirements and a maximum of 151 children can utilize the outdoor
recreation area at any given time.
Kurt Reiter, representative for the applicant, stated they would be using
one of the four spaces will be used immediately for classroom space for the
existing children and the remaining three units will be used temporarily for the
next three to four years as a worship facility as they are currently worshiping
at the Olde Izaak Walton Park but with the opening of the Dog Park they have
had parking problems. He noted they will use this by-right use until they have
the opportunity to build their house of worship on the property they own at the
entrance [o Woodlea Manor. He stated once they move to the worship facility,
the vacated space will be converted to child care.
Council Member Dunn asked for clarification of the child safety factors
with regards to drop off and pick up and shade in the outside play area.
Mr. Reiter stated it will not change from the current traffic flow. He
noted there is a dedicated one-way area for drop off and pick up which
includes speed tables. He stated the new units will not have any
ingress/egress with the exception of fire emergency. He discussed the shade
provisions and noted they have thought about where additional shade could be
provided and would be open to any suggestions as to color and type of shade.
There were no citizens wishing to speak in regards to this public
hearing.
The public hearing was closed at 11:39 p.m.
On a motion by Council Member Martinez, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION 2010-138
Approving Special Exception TLSE 2010-0001, Leesburg Open Arms
Child Care Center, Located at 818 South King Street
Town Council Meeting of April 13 2010 Paae 22
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
12. ORDINANCES
a. None
13. RESOLUTIONS
a. Rules of Order/Aoenda Settino Process
On a motion by Council Member Butler, seconded by Council Member
Wright, the following was proposed:
MOTION 2010-004
Adopting Revised Council Rules of Procedure
Council Member Butler summarized the major changes. He stated
there were primarily three changes: 1) Changing Old Business to Unfinished
Business to make it align with Roberts Rules of Order. 2) With respect to
Additions to Future Council Work Sessions, Chair will gauge the will of Council
and instruct the Town Manager as to whether the item will be information,
discussion or discussion with possible action. 3) Two new ways for Council
Members to make additions to an agenda including any Council Member can
put a motion on any future Council meeting without restrictions, and from a
work session, Council Members can place items on the next day's agenda with
the caveat that a super majority is needed for the purpose of preventing a
bare majority of Council sneaking things in without proper public or
stakeholder input.
Council Member Reid proposed an amendment to remove the
requirement for 2/3 majority in Section 12 and insert °majority of Council
present". The motion to amend was seconded by Council Member Dunn for
purposes of discussion.
Council Member Dunn stated he feels it is better to allow Council to
bring things before Council and use Roberts Rules to handle dissention. He
stated Council needs to allow for the free flow of ideas.
Vice Mayor Hammler stated her support for Council Member Reid's
amendment.
Council Member Butler commented if the item is non-controversial,
then there should not be a problem getting asuper-majority. He stated the
idea is that only non-controversial items would be added at the last minute.
Council Member Wright stated the agenda is published on Thursday and
the work session is held on Monday. He stated if action is required on Tuesday
night, the public will not be informed. He stated those should be rare
occurrences that are non-controversial, do not require a lot of staff work, and
a super majority of Council should agree to proceed without notice to the
public. He stated this should be the exception to the rule. He stated his
concern that the public is being forgotten in the process. He clarifed that
Suspension of the Rules requires unanimous consent.
Town Council Meeting of April 13 2010 Paoe 23
Council Member Reid requested as part of his amendment that a
disclaimer be added to the agenda to note that Council has this ability.
The motion to amend the Rules of Procedure as presented to allow a
simple majority was approved by the following vote:
Aye: Dunn, Hammler, Reid and Mayor Umstattd
Nay: Butler, Martinez and Wright
Vote: 4-3
The revised Rules of Procedure, as amended, were adopted by the
following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1
14. OLD BUSINESS
a. None
15. NEW BUSINESS
a. None
16. COUNCIL COMMENTS
Council Member Reid disclosed a meeting with Mike Banzhaf regarding the
Village at Leesburg Theater application. He also disclosed a meeting with Ted Kalriess
regarding Cornerstone Church Special Exception/Rezoning including Bob Sevilla and a
meeting with John Wood of Urbanscape Properties regarding the Banyan Cove Special
Exception application. He congratulated all the Valor Award winners.
Council Member Butler made the same disclosures as Council Member Reid.
Council Member Wright made the same disclosures. He reminded everyone of
the Downtown Improvement Association Candidate Forum next Thursday, April 22 at
Birkby House beginning at 5:30 p.m.
Council Member Martinez also disclosed the Cornerstone Church and Banyan
Cove meetings.
Vice Mayor Hammler disclosed a meeting with Mr. Wood from Banyan Cove.
She thanked staff for helping to prepare for Senator Warner's legislative aides visit on
April 7. She noted they would be actively seeking Leesburg funding for the Sycolin
Flyover through the Surface Transportation Act. She thanked everyone who joined
the Leesburg Girls Softball kick off.
Council Member Dunn made the same disclosures as Council Member Reid.
16. MAYOR'S COMMENTS
Mayor Umstattd had no disclosures.
17. MANAGER'S COMMENTS
Mr. Wells had no comments
18. CLOSED SESSION
None.
Town Council Meeting of Aoril 13 2010 Paoe 24
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Mayor Umstattd, the
meeting was adjourned at 9:51 p.m.
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