HomeMy Public PortalAbout2010_tcmin0427COUNCIL MEETING
April 27, 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 Members Absent: None
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Public Works Director Tom Mason, Deputy Director of Utilities
Aref Etemadi, Director of Plan Review Bill Ackman and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. Call to Order
2. Invocation was lead by Mayor Umstattd
3. Salute to the Flag was lead by Girl Scout Troop 6658
4. Roll Call showing all present
5. Minutes
a. Work Session Minutes of April 12, 2010
On a motion by Council Member Martinez, seconded by Vice
Mayor Hammler, the work session minutes were passed 7-0.
b. Regular Session Minutes of April 13, 2010
On a motion by Vice Mayor Hammler, seconded by Council
Member Martinez, the minutes were passed 7-0.
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Martinez, seconded by Council Member
Butler, 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
7. PRESENTATIONS
a. Certificates of Recognition -Harper Park Odyssey of the Mind Team.
On a motion by Council Member Reid, seconded by Council Member Dunn,
Certificates of Recognition were presented to the following Odyssey of the Mind
team members who will be competing in the World Championships in May:
Michael Petrilla
Devin Clawson
Christiana Querry
Hayley Clawson
Jacob Smith
Matthew Perkins
Kaitlyn Blackburn
Coach Lynne Petrilla
Coach Abby Clawson
Town Council Meeting of April 27, 2010 Page 2
8. PETITIONERS
The Petitioners section was opened at 7:47 p.m.
- Oliver Peters, Janney Street, stated his opposition to the Southwest Connector
Trail. He stated as far back as 20 years ago, his neighborhood was asked if they
would be supportive of a bike trail connection and the majority of the then residents
were not supportive of the connection. He noted around the year 2000, a survey was
distributed asking whether there was support for a trail. He stated he is still not
supportive of a trail even though the locations of parts of the trail have shifted and
changed. He stated three concerns: 1. Additional traffic to the neighborhood, which
could also lead to a potential for additional crime in the neighborhood. 2. Little effort
on the part of the town to let the neighborhood know about the trail. 3. $7 million to
build a bike trail. He stated the current economy is not the correct time to be talking
about a $7 million bike trail.
Dina Gallahan stated she represents the majority of those who oppose the
Southwest Connector trail at Country Club Green Condominiums. She stated the
birds singing are competing with the noise of the traffic on the bypass because the
power company has cleared away so many trees for their power line towers. She
stated the 90 foot steel tower is just the beginning of the noise and ugly construction.
Ms. Gallahan stated that no one can give them an idea of what the bridge will look
like and added that the neighborhood was left out in the initial planning stages. She
noted this is a large amount of money for something that is not absolutely necessary
right now. She asked Council to reconsider the use of the money and destroying the
quality of the community life at Country Club Green.
Heidi Malacarne stated she participated in the Citizen's Advisory Committee for
.__ the review of the Town Plan in 1992-1994. She discussed the review process and the
effect of the recommendations made by the citizen committee. She noted the citizen
recommendations were not taken into consideration and expressed her feeling that
non-vehicular access and safety concerns have been diverted by the Standing
Residential Traffic Committee (SRTC). She expressed her opinion that the SRTC is
self-serving and stated there needs to be a more equitable approach to transportation
and safety. She expressed that the needs of pedestrians and cyclists need to be
taken into consideration when projects and decisions are made and approved and
those special interest groups need to have representation on the committees that
make recommendations to Council.
Ann Robinson (via email, read into the record), 125 M Clubhouse Drive: I am
writing to re-affirm the results of the survey brought to you in November 2009,
indicating a more than 2/3 majority in CCGC opposed to Phase 3 of the Southwest
Connector. The residents and owners here have not changed their minds. And, since
the entire Southwest Connector was planned before the economic recession of 2008 -
it makes perfect fiscal sense to pause and re-consider this enormous expenditure of
$7.5 million. Certainly families throughout the town have had to re-consider their
own budget priorities as a result of a change in fortunes and prudent financial
planning would dictate the same caution at the government level as well. I have a
growing petition list of over 200 voters from all over Leesburg that think there should
be a higher priority in the budget than the $7.5 million Southwest Connector. This
trail effort has drastically exceeded its original commission.
The Petitioners section was closed at 8:05 p.m.
Town Council Meeting of April 27,2010 Page 3
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following consent agenda was proposed:
a. Making an Appointment to the Environmental Advisory Commission
RESOLUTION 2010-040
Making an Appointment to the Environmental Advisory Commission
(James Dorsey)
b. Approving Change Order No. 17 for the Design Services on the Sycolin
Road Widening Phase III Project
RESOLUTION 2010-041
Approving Change Order No. 17 for the Design and Engineering
Services on the Sycolin Road Widening Phase III Project in the Total
Amount of $273,850.00
c. Accepting Public Improvements, Releasing the Performance Guarantee
and Approving a Maintenance Guarantee for Public Improvements at
Village at Leesburg-- Traffic Signals on Russell Branch Parkway West
RESOLUTION 2010-042
Accepting Public Improvements, Releasing the Performance Guarantee
and Approving a Maintenance Guarantee for Public Improvements at
Village at Leesburg -Traffic Signals on Russell Branch Parkway West
d. Authorizing the Town Manager to Execute Amendment No. 2 to the
Existing Town/VDOT Administrative Agreement for the Downtown
Streetlight Project
RESOLUTION 2010-043
Authorizing the Town Manager to Execute Amendment No. 2 to the
Existing Town/VDOT Administrative Agreement for the Downtown
Streetlight Project
e. Declaring that a Public Necessity and Use Exists and Authorizing Staff
to Acquire Permanent Town Easements to Construct the Lowenbach
Phase II Street Improvements Project, and Authorizing Condemnation if
Offers are not Accepted
RESOLUTION 2010-044
Declaring that a Public Necessity and Use Exists and Authorizing Staff
to Acquire Permanent Town Easements to Construct the Lowenbach
Phase II Street Improvements Project, and Authorizing Condemnation if
Offers are not Accepted
f. Declaring that a Public Necessity and Use Exist, Authorizing an Offer to
Acquire Permanent and Temporary Easement for North King Street
Drainage Improvements Project and Authorizing Condemnation if the
Offer is not Promptly Accepted
Town Council Meeting of April 272010 Page 4
RESOLUTION 2010-045
Declaring that a Public Necessity and Use Exist, Authorizing an Offer to
Acquire Permanent and Temporary Easement for North King Street
Drainage Improvements Project, and Authorizing Condemnation if the
Offer is not Promptly Accepted
g. Supplemental Appropriation for Apron Repairs at the Leesbur4
Executive Airport
RESOLUTION 2010-046
Supplemental Appropriation for $23,413 to the FY 2010 Airport Fund
Operations Budget for Emergency Repairs to the Main Aircraft Parking
Apron
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
U mstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Design and Construction Standards Manual Articles 2, 4, 7 and
Appendix A
The public hearing was opened at 8:08 p.m.
Bill Ackman presented proposed amendments to Articles 2, 4, 7 and
Appendix A of the Leesburg Design and Construction Standards Manual. He
stated under Article 2, Water and Fire Regulations, does not contain anything
~' that is not currently in practice. He stated the Town has enforced these
regulations since construction practices and health department regulations also
require them and this formalizes the regulations. He stated it references the
Director of Utilities as the person responsible for approving the public water
line portion of the plans and revises the text to reference current code
references, revises the requirements to meet current health department
regulations required due to related separation of water and sanitary sewer
lines. He stated the changes are consistent with what is currently required by
the Utilities Department and enforced in the field. He stated this provides the
Utilities Department with some flexibility in the review of construction plans to
ensure the new water system is constructed consistent with the town's existing
water line systems and clarifies when and where test pits are required. He
noted these text amendments bring our regulations in line with current state
health department requirements and accepted construction practices that are
currently administered.
He noted in Article 4, Sewer and Solid Waste, reference the Director of
Utilities as the person responsible for approving the public sanitary sewer
system portion of the plan and revises the text to include current code
references. He stated it also revises the requirements to meet current health
department regulations related to separation of water and sanitary sewer
lines, clarifies how and where manholes, clean outs, laterals, etc. are to be
constructed in the field. He stated this is consistent with what Utilities requires
from plans today and inspectors enforce in the field and provides Utilities with
flexibility in the review of construction plans to ensure the new sanitary
system is constructed consistent with the town's existing sanitary system. He
Town Council Meeting of April 27,2010 Page 5
stated it also updates pump station design requirements, clarifies sanitary
sewer line acceptance requirements and matches up regulations with what is
being enforced.
He stated Article 7, Transportation, references current plan types used
in the Subdivision Regulations, but were outdated in the DCSM references and
revises text references to reflect current code references, clarifies traffic study
requirements, and removes specific town requirements that are now
referenced by VDOT standards. He stated outdated language has been
removed regarding parking, sidewalks, lighting requirements, and made
reference to the Zoning Ordinance where the current criteria is listed.
Mr. Ackman noted these amendments were developed in conjunction
with the private sector, VDOT, and the county.
Kevin Murrav, Tri-Tek Engineering, stated he worked with staff and
other private sector engineers on these revisions. He stated it was a pleasure
to see this process completed as these are long-needed updates and
clarifications that will make the review process smoother. He encouraged the
Council to adopt these amendments so they can be put into use as soon as
possible.
Council Member Wright asked whether the Town has to follow VDOT
requirements or can the Town be less stringent in certain areas of Town.
Mr. Ackman stated for the most part, VDOT regulations have been
incorporated but a few places the Town is actually more stringent such as in
the cul-de-sac bulb radius.. He explained the need for a larger cul-de-sac
_.
turnaround being for larger vehicles such as trash trucks, fire trucks and
moving vans. He stated the Town conforms to Loudoun County's requirement
regarding pavement widths, which reduces the pavement widths in the old
DCSM.
Council Member Butler questioned whether there is anything in the
proposed changes that staff, environmental advocates, or developers might
find particularly controversial.
Mr. Ackman stated the changes have been thoroughly vetted through
several groups including Engineers and Surveyors Institute (ESI), the
Development Advisory Group (DAG) which includes engineers and developers,
and various town staff.
Council Member Reid questioned the increase in the length of no
parking areas near intersections. He questioned the dates spelled out for
traffic studies.
Mr. Ackman stated this brings the regulations into compliance with the
Fire Marshal's requirements, which is an absolute minimum for the fire
apparatus to be set up in an intersection. Mr. Ackman noted that a provision
has been made for use of off-peak hours using a multiplier available from the
Traffic Engineer, adding that the multiplier will differ depending on the section
of town.
Town Council Meeting of April 27,.2010 Page 6
Council Member Reid expressed concern regarding the increased width
required for shared use paths.
Mr. Ackman noted that VDOT has very specific standards and the town
will be matching those standards. He stated he does have the ability to modify
numerical values if there is sufficient justification for a modification.
There was discussion over length of review. Mr. Ackman noted that the
review times in the Development Activity Report include the period of time the
applicant spends making adjustments to their plans and the Town's process
adds up to no more than 1`20 days of review.
Council Member Reid stated he still hears some complaints occasionally,
but compared with 2008, the review times are a lot better.
Vice Mayor Hammler questioned whether the changes could be
summarized and posted via Twitter for the citizens.
Mayor Umstattd questioned whether there would be some ability to
address citizen desires in the development process. She questioned what
ability the Town has to require the siting of waterlines to have the least impact
on adjacent properties.
Mr. Ackman stated there will always be case-by-case situations. He
stated there are some instances where he can be flexible, but those regarding
safety or ASHTO criteria, he cannot be as flexible but he will let Council know
why there is no room for flexibility in those instances.
Aref Etemadi stated the Fox Ridge Subdivision was one of the first
____ subdivisions approved in the town and since then, the town has tried to avoid
similar problems by requiring necessary easements for waterlines passing
through private property.
Mayor Umstattd clarified that the use of polybutylene pipe has been
discontinued in the town.
Mr. Etemadi stated copper pipe is used until it reaches private property
and the material the developer uses on private property can only be regulated
by the National Plumbing Code.
The public hearing was closed at 8:33 p.m.
On a motion by Council Member Butler, seconded by Council Member
Wright, the following was proposed:
ORDINANCE 2010-0-010
To Revise Article 2 (Water and Fire Regulations), Article 4 (Sewage and
Solid Waste Disposal), Article 7 (Transportation) and Appendix A
(Construction Standards) of the Design and Construction Standards
Manual (DCSM) of the Town of Leesburg, Virginia, 2003, as amended
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Town Council Meeting of April 27, 2010 Page 7
Vote: 7-0
11. ORDINANCES
a. None
12. RESOLUTIONS AND MOTIONS
a. FY 2010 Milling and Paving Budget
On the motion of Council Member Wright, seconded by Council Member
Butler, the following was proposed:
MOTION 2010-005
To Direct Staff to Release the $179,635 Set Aside for Milling and Paving
in FY 2010 Based on Current Conditions as Noted in the Staff Report
Council Member Wright noted that based on the staff report and his
personal observations, some roads will need to be repaved this year and next
year.
Council Member Butler stated he voted originally to hold back the
paving money for those particular streets to see if the roads would degrade at
the expected rate and they have degraded at a faster rate than expected. He
stated he is especially interested to see Sycolin Road repaved so the re-
striping can be done to eliminate the °pinch" point near Hope Parkway.
Council Member Reid questioned why Woodberry Road is included when
a storm drainage project is slated for this street. He stated he agreed with
Council Member Butler about Sycolin Road, but he believes the town is
_ overspending on milling and paving. He requested a discussion at some future
point.
Tom Mason stated this road may be withdrawn depending on when the
capital project is slated to begin.
Vice Mayor Hammier questioned what the percentage breakdown of
labor versus materials for the proposed repairs.
Mr. Mason stated the cost is based on contract unit prices for square
yard of milling and tons of asphalt. He stated he does not have a breakdown
for labor costs. He clarified that no full time town employees are used as this
work is completed by contract employees.
Vice Mayor Hammier questioned how the amount of work necessary
matches up perfectly with the amount of money available.
Mr. Mason stated they matched up the limits of need on Edwards Ferry
by matching up with what would be completed with the Lowenbach project and
this balances with the piece of Sycolin Road.
Vice Mayor Hammier questioned what time line with respect to the
release of emergency funds from state and federal sources and questioned
whether this additional allocation of funds due to roads that have deteriorated
because of the winter storms would help the town's cause when seeking its fair
share of emergency funds., She questioned whether there have been citizen
complaints about these roads.
Town Council Meeting of April 27,2010 Page 8
Mr. Wells stated staff is still working through legislative means to
garner these funds. He stated the funds will be for direct damage to
-- structures directly related to the amount of snow and the cost of plowing and
removing the snow; however, accelerated need for road maintenance is not
eligible for reimbursement.
Mr. Mason stated there have been a number of calls about Edwards
Ferry Road, in particular.
Council Member Dunn clarified that these streets would have to be
paved regardless of whether the town re-allocates the money necessary. He
asked for further explanation of where the funds would come from if they were
not taken from the amount held back.
Mr. Mason stated if they are not paved at the end of this fiscal year,
they will be the first streets paved next year.
Mr. Wells stated the previous Council resolution indicated that money
would be held back from the budget as it was originally adopted with the idea
that roads might not deteriorate as much as anticipated. He stated the money
identified were originally allocated for milling and paving, but were held aside
as part of the overall contract award and Council had asked for a report back
on the condition of the roads at a periodic point in time. He stated this is the
requested report on the condition of the roads, which have significantly
deteriorated due to the winter conditions. He stated the roads may not be
able to wait until the fall milling and paving and may require additional patch
and repair. He noted these funds are not coming from fund balance, but are
part of the FY2010 budget for milling and paving.
Council Member Dunn made a motion to postpone until the next work
session. The motion was seconded by Council Member Reid.
Council Member Dunn stated he would like more information as far as
the contact goes and what was agreed to in August.
Council Member Reid stated he would like to see additional information
at a work session.
Council Member Wright this can be discussed now and the information
was given to Council at the last meeting. He noted there has been time for
research in the intervening time.
Council Member Butler reminded Council that paving of Edwards Ferry
Road from Harrison to Prince and Sycolin Road from the Bypass to Hope
Parkway are what is on the table. He stated he does not want to tell citizens
that Council wants to talk about it more after there have been a number of
complaints about the condition of these roads and the money is budgeted.
Vice Mayor Hammier asked when the repairs can begin if these funds
are released.
Town Council Meeting of April 27, 2010 Page 9
Mr. Mason stated the sooner the roads are included in the contractor's
schedule, the more likely it is they can be completed in a reasonable amount
of time.
Mayor Umstattd stated she is ready to vote for these paving projects at
this time. She stated in August she had her doubts that it was a good idea to
postpone them. She stated she has observed the deterioration on Edwards
Ferry and Sycolin Road and feels it to be essential to get this authorized.
The motion to postpone failed by the following vote:
Aye: Dunn and Reid
Nay: Butler, Hammler, Martinez, Wright and Mayor Umstattd
Vote: 2-5
The original motion was then approved by the following vote:
Aye: Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Dunn and Reid abstaining)
14. UNFINISHED BUSINESS
a. None
15. NEW BUSINESS
a. Declaring that a Public Necessity and Use Exists. Authorizing Offers to
Acquire Permanent Easements for the Dr~Mill, Wage and Anne Storm
Drainage Improvements Project and Authorizing Condemnation if the
Offer is not Accepted
On a motion by Council Member Butler, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2010-047
Declaring that a Public Necessity and Use Exists, Authorizing Offers to
Acquire Permanent Easements for Dry Mill, Wage and Anne Storm
Drainage Improvements Project, and Authorizing Condemnation if the
Offer is not Accepted
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
16. COUNCIL COMMENTS
Council Member Reid urged everyone to vote on Tuesday and reminded them
the polls are open from 6 a.m. to 7 p.m. He added that absentee ballots are accepted
until Saturday. He stated he is looking forward to Employee Appreciation Month.
Council Member Butler noted some jurisdictions in Virginia only reassess
property values once every 10 years. He stated he had the opportunity to tour the
State Police academy. He stated there is a room that contains the portrait of every
trooper that has been lost in the line of duty. He stated this helps keep in perspective
that what Council does is very important.
Town Council Meeting of April 27,2010 Page 10
Council Member Wright also encouraged everyone to vote. He stated he was
pleased to see that the Board of Elections will be open from 8:30 to 5 p.m. on
Saturday as well as Monday through Friday for absentee in person voting. He noted
next week is the National Day of Prayer with one of the events on the Courthouse
lawn.
Council Member Martinez stated the Loudoun County Animal Shelter will be
having a dog wash and free microchip clinic on Saturday in conjunction with the
Northern Virginia Community College Veterinary Technology Club. He noted that on
May 15t Heritage High School will be having their prom and urged everyone to stay
safe.
Vice Mayor Hammier noted that Central Loudoun Little League is doing a
fundraiser and commended all the great businesses that are supporting them
including South Street Under, Moe's, the Tire Shop, Spanky's, Rocco's Pizza, Red Hot
and Blue, Cheers Sports, Hair for Me Salon, Tenderjacks, La Villa Roma, and
Milwaukee Frozen Custard. She disclosed a meeting on April 19 with Ted Kalreiss and
Bob Sevilla regarding Cornerstone Chapel. She stated she appreciates the updates
and reminders about the election. She stated the Candidate's Forum was very good
and thanked the Downtown Association for hosting. She stated one issue she has
heard while going door to door is the opening of Catoctin Circle more quickly than
2013. She congratulated the Wine Kitchen, Lightfoot, and Tuscarora Mill which were
selected as Destination Restaurants of nine across the county. She congratulated all
the businesses that would be having ribbon cuttings this week including Hideaway
Massage and MTN Government Services. She said she enjoyed the Hard Hat tour at
the Village at Leesburg. She stated there is some great momentum with new
businesses opening including King Pinz and a new movie theater. She stated there is
about 200,000 square feet of class A office available.
Council Member Dunn reminded everyone to vote on May 4. He stated there
have been low turn outs in the past few years and hopefully this one will have better
turn out. He stated after the election, Council can revisit the idea of moving elections
to November with the hopes of increasing turnout.
16. MAYOR'S COMMENTS
Mayor Umstattd disclosed a meeting on April 20 with Bob Sevilla and Ted
Kalreiss regarding Cornerstone Chapel. She urged everyone to visit TLC Veterinary
Clinic as they have expanded their services to include 10 different specialties of
veterinary practice. She noted they are drawing from amulti-state customer base as
far away as North Carolina, Pennsylvania and Delaware. She stated people have even
flown into the Leesburg Executive Airport to take their pets to this center. She stated
they offer the use of their conference room to various animal protection groups and
veterinary associations.
Mayor Umstattd urged everyone to vote on Tuesday. She added that the
Farmer's Market at Virginia Village would be opening on Saturday morning.
Council Member Reid reminded everyone of the Autism Walk sponsored by ARC
of Loudoun at 5 p.m. on Thursday.
17. MANAGER'S COMMENTS
Mr. Wells noted the change of venue for the next Downtown Improvements
Stakeholder's meeting. He stated it will be held in the lower level conference room at
Town Hall on May 13.
Town Council Meeting of April 27,.2010 Page 11
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Butler,
the meeting was adjourned at 9:15 p.m.
Clerk of C u cil
-~-..
` ~ ~_ ...~
C. U stattd, Mayor
Town of Leesburg
2010 tcmin0427