HomeMy Public PortalAbout2010_tcmin0810COUNCIL MEETING August 10, 2010
Council Chambers, 25 West Market Street, 7:30 p.m. Vice Mayor Wright presiding.
Council Members Present: Thomas Dunn, II, David BuOer, Kade Sheldon
Hammier, Marty Martinez, Kenneth "Ken" Reid, and Vice Mayor Kevin Wright.
Council Members Absent: Mayor Umstattd
Staff Present: Town Manager John Wells, Deputy Town Attorney Barbara Notar,
Deputy Town Manager Kaj Dentler, Public Works Director Tom Mason, Deputy
Director Brian Boucher, Senior Planner Michael Watkins, Senior Planner Kevin
Lawlor, Economic Development Manager Marantha Edwards, Business Retention
Coordinator Debi Parry, and Clerk of Counci] Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. IlWOCATION was lead by Council Member Butler
3. SALUTE TO THE FLAG was lead by Eagle Scout Joe] Cummings
4. ROLL CALL showing Mayor Umstattd absent.
5. MINUTES
a. Strategic Planning Session Minutes of Jnly 26, 2010
On a motion by CouncIl Member Martinez, seconded by
Council Member Hammier, the work session minutes were passed 6-0-1
(Umstattd absent)
b. Regnlaz Session Minutes of Jaly 27, 2010
On a motion by CouncIl Member Martinez, seconded by
Council Member Hammier, the minutes were passed 6-0-1 (Umstattd
absent)
6. ADOPTING THE MEETING AGENDA (Amendments and
Deletions)
Council Member Martinez made a motion to adopt the meeting agenda
after adding a Closed Session afer the Petitioner's Section and prior to
approval of the Consent Agenda. The motion was seconded by Council
Member Reid. Council Member Reid made a friendly amendment to add
appointments to the Utility Rate Advisory Committee to the Consent Agenda.
The motion to adopt the meeting agenda passed by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, and Vice Mayor
Wright
Nay: None
Vote: 6-0-1 (Umstattd absent)
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COUNCIL MEETING August 10, 2010
7. PRESENTATIONS
a. ExploraVision Winners - On a motion by CouncIl Member Martinez,
seconded by Council Member Hammier, the following members of the
Virginia Academy Toshiba Exploravision Competifion team were presented
with Certificates of Recognition for their "Food Buddy Bot" designed to
protect the consumer from pathogens m food.
Jack Dudley Bailey Matias
Sanomraj Bal Varun Patel
Brenda Conwell-Dudley Jennifer Davis-Miller
b. Certificate of Recoy~tifion -Joel Cummings -Eagle Scout
On a motion by Council Member Martinez, seconded by Council
Member Hammier, a Certificate of Recognition was presented to Joel
Cummings for his achievement of the rank of Eagle Scout.
c. 1?aHieECu~
d. Certificate of Appreciation -Kathleen Burke Pritchard
On a motion by Council Member Martinez, seconded by CouncIl
Member Hammier, a Certificate of Appreciation was presented to Kathleen
Burke Pritchazd for her service to the Tree Commission.
e. Proclamation -Suicide Prevention Week
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the following was proclaimed:
PROCLAMATION
National Suicide Prevention Week
September 5-12, 2010
WHEREAS, suicide is the 3rd leading cause of death among
teens and young adults in the United States and, every 2 hours, a
person under the age of 25 completes suicide, resulting in estimated 12
youth suicides every day; and
WHEREAS, More than 78,000 veterans of current military
operations in Iraq and Afghanistan have sought help for mental health
related issues and 120 veterans commit suicide each week; and
WHEREAS, Nationally, suicide rates are highest among people
older than 65, and that age group makes up 12.5 percent of the
population and accounts for 15.9 percent of all suicides; and
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COiINCIL MEETING August 10, 2010
WHEREAS, One out of every seven Latina teens, or 14 percent,
attempts suicide according to a 2007 Centers for Disease Control and
Prevention survey of high school students and Latina high school
students have higher attempted suicide rates than white non-Hispanic
(7.7 percent) or black non-Hispanic (9.9 percent) girls their age, the
CDC reports; and
WHEREAS, organizations such as CrisisLink are dedicated to
reducing the frequency of suicide attempts and deaths, and the pain for
survivors affected by suicides of loved ones, through educational
programs, research projects, intervention services, and bereavement
services; and
WHEREAS, CrisisLink saves lives and prevent tragedies; gives
vital support to people facing life crises, trauma and suicide; and
provides information, education and links to community resources
throughout the Washington, D.C. Metropolitan region.
THEREFORE, PROCLAIMED by the CouncIl of the Town of
Leesburg in Virginia the week of August 5-12, 2010 as Suicide
Prevention Week.
BE TT FURTHER PROCLAIMED, that the Council
commends CrisisLink for 40 years of service [o [he community
- answering more than one-half million aisis calls, responding to more
than 25,000 potential suicides, providing more than a quarter million
refertals to community resources, promoting mental wellness,
educating people about depression and other mental illnesses and
reducing the stigma attached to mental illness.
PROCLAIMED this 10'" day of Aueust' 2010.
8. PETTTIONERS
The Petitioners section was opened at 7:52 p.m.
Edmund Cowling invited the Town Council, staff and Leesburg area residents
to the Tuscarora High School taIlgate on Friday, August 27 at 4 p.m.
Max Peterson 209 Lolling Court, stated they would like to work with [he
Council to come up with a better location for the proposed Southwest Connector trail.
He stated the trail will wipe out all the trees in front of Leesburg Community Church.
He noted that this easement in conjunction with the drainage easement in the back of
the church will reduce the amount of space avaIlable for future expansion.
Stanley Caulkins, 102 Morven Park Road, stated he has been a member of the
- Baptist Church since 1937. He stated [here is another route that would negate having
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COUNCIL MEETING August 10, 2010
to bufld a bridge. He stated the school on the church property has a lot of traffic and
feels that there are safety issues with locating a trail across the driveway.
Kent Ballard, Waterford, Virginia, stated he is a member of Leesburg
Community Church and a past board member of Dominion Academy. He stated he
has brought a conceptual rendering of how the church would like to expand m the
furore with a new sanctuary. He stated they need every bit of room on the front of the
property m order to make the plan work. He stated there are better alternatives for
this traIl.
Frances Belote, 709 Valley View Avenue, stated she is a member of the
Leesburg Community Church and has been for 52 years. She stated there are a lot of
things to be considered including safety for the children coming and going from
school.
Mary Hope Worley, 312 Evergreen MID Road, SE, stated she is concerned
with the ongoing plans for taking land from the Baptist Church's property at 835 Lee
Avenue. She cited the activities that the church regularly hosts including a Christian
school that offers a strong academic program in a Christian environment. She stated
these activities aeate a lot of vehicle trips per day and the introduction of a bike trail
would not be a good plan.
Ken Parks, stated he lives across the street from Betty Phillips at the
intersection of Lee Avenue and Dry Mill Road. He stated the bike trail will put
__. people within a few feet of Betty's windows. He added that Betty is a widow and it
would not enhance her sense ofsafety Orwell-being. He suggested locating the trail at
a different location. He also suggested the town has better things to do with $7.625
million dollars that will be of more benefit and use to more people.
Rhonda Stratton, 36939 Teahouse Lane, Purcellville, stated she has been a
member of Leesburg Community Church for over 10 years. She stated her children
all attended Dominion Academy. She stated there will be a tremendous safety hazard
to have a bike nail aaoss the entrance to the church and the front field which would
be infringed upon by the bike traIl, is where the school has outdoor activities.
Kristen Kalina, stated she represents about 600 parents of children who attend
Dominion Academy, about 120 of which live in Leesburg. She stated the pazents are
opposed to the bike trail because it totally invades the athletic fields at the school and
wIll cause major problems for the morning and afternoon carpools. She stated it is an
invitation to strangers on the school property. She stated this is a poor use of town
funds during an economic crisis. She stated this church has about 2000 members and
is a growing and vibrant institution.
Kevin Murrav stated he serves on the Design and Construction Standards
Manual Review Committee as one of the local engineering company representatives.
He stated he would like to provide some engineering perspective to the subject of the
bike trail. He stated this piece of property is being attacked from the rear with the
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COUNCIL MEETING August 10, 2010
drainage easement, on the front with the proposed bike trail and on the side with the
Virginia Power easement and access which has created a challenge for the institution
to carry out its mission in the community. He stated the proposal for the bike trail
_ needs more thought and deliberation. He stated a trail crossing a commercial
entrance is setting a situation for an accident.
Alan Stanford, 314 Riding Trail Court, stated the church has never been in an
adversarial relationship with the town. He stated the site plans for expansion are now
almost impossible because of the three easements. He encouraged Council to
reconsider this particular easement for the trail.
Bill Hudspeth, 605 Hillview Place, stated he was present as the Council
committed to spend $800,000 to $1 million to accommodate 37 residents who would
be inconvenienced by taming left out of the Linden Hill neighborhood He noted that
the church would be returning for the September 14 meeting with a petition from
registered voters.
Bill Haun stated he has been a resident of town since 1967. He stated he
appreciates the job that the Council does. He reminded the Council that the citizens
have elected the Council to be caretakers of the property m town and to do what is
right at all times. He stated this is the wrong project at the wrong time in the wrong
place. He stated the safety concerns should be the Council's #1 priority and the
financial concerns for the church are tremendous.
- Billv Rutter, 17152 Bridgeview Court, Paeonian Springs, stated the bike trail is
a safety concern. He stated the church has three exits and entrances and bicyclists are
supposed to get off and walk across the street, bu[ [hey do no[ do it. He stated the
trail is very busy on Sunday mornings.
Pat Rutter, 17152 Bridgeview Court, Paeonian Springs, stated she and her
husband have been members of Leesburg Baptist Church for over 50 years. She
stated she lives at the comer where the W&OD comes through Paeonian Springs and
knows the type of traffic that comes through on Saturday and Sunday mornings. She
stated the church does need this kind of traffic during services and during school
hours. She asked Council to consider everything they have heard.
Doris Campbell, 19285 Gleedsville Road, stated they are not newcomers to the
area. She thanked Council for all they do for Leesburg. She expressed concern about
the bike trail. She asked that the town leave them alone.
Mary Ann Cadenzio, congratulated Council Member Hammier on her
daughtei s three homeruns. She stated she sought out Dominion Academy because of
their small class sizes. She stated Dominion Academy is a major asset to the Town of
Leesburg and Council needs to do everything they can to encourage its growth and
have it expand its services to include more children. She stated the traffic in the
morning and evening is a disaster.
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COUNCIL MEETING August 10, 2010
Brenda GID, 593 Edmondton Terrace, stated she is a member of Leesburg
Baptist Church and shares their sentiments. She asked Council to reconsider the $7.5
million bike trail. She stated the Tuscarora Creek Trail (South King Street Trail) is a
suitable alternative which will be completed to Greenway Drive at no expense to the
town or Loudoun County taxpayers, unlike the Southwest Connector trail which will
cost taxpayers approximately $900 per foot to install. She stated the Tuscarora Creek
trail will not impact the church. She stated there are more dire needs in Leesburg like
a walkway over the Route 15 bypass. She stated there are no shortage of bike nails;
however, in this economy there is a shortage of dollars. She asked Council to
consider the people that are snuggling with job loss and foreclosures by putting away
the "nice to haves" right now and only do the "must haves".
The Petitioners section was closed at 8:42 p. m.
9. CLOSED SESSION
Vice Mayor Wrigh[ proposed [he following:
MOTION
Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting for the purpose of legal
advice pertaining to the acquisition of real property from Leesburg
Community Church.
The motion was seconded by Council Member Martinez and approved by the
- following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Vice Mayor Wright
Nay: None
Vote: 6-0-1 (Umstattd absent)
The Council convened in closed session at 8:43 p.m.
The Council reconvened ¢t open session at 9:10 p.m.
Vice Mayor Wright proposed the following:
MOTION
In Accordance with Section 2.2-3712 of the Code of Virginia, I move that
Council certify to the best of each member's knowledge, only public business
matters lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act and such public business matters as were
identified in the motion by which the closed meeting was convened were
heard, discussed or considered in the meeting by Council.
The motion was seconded by Council Member Reid and approved by the
following vote:
_ Aye: Butler, Dunn, Hammier, Martinez, Reid and Vice Mayor Wright
Nay: None
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COi7NCIL MEETING August 10, 2010
Vote: 6-0-I (Umstattdabsent)
Council Member Dunn proposed the following:
MOTION
To Accept the written offer submitted August 10 made by Leesburg
Community Church, also known as Leesburg Baptist Church, Inc. The Town
will make payment to the church m consideration and exchange for the right
of entry permit executed by proper church officials and the execution of the
Deed of Easement for the 30-foot storm drainage easement along the two
adjacent parcels owned by the church.
The motion was seconded by Council Member Martinez and approved by the
following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid and Vice Mayor Wright
Nay: None
Vote: 6-0-I (Umstattd absent)
10. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Reid, seconded by Council Member
Martinez, the following consent agenda was proposed:
a. Authorizing an Ageement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Market Square (a7 Potomac
Station - Phase I (BB&Tl
RESOLUTION 2010-111
Authorizing an Agreement and Approving a Performance Guarantee
and Water and Sewer Extension Permits for Market Square @Potomac
Station - Phase I (BB&T)
b. Initiating Amendments to the Leesbure Zoning Ordinance to Permit
Catteries
RESOLUTION 2010-112
Initiating Amendments to the Leesburg Zoning Ordinance Section 18
(Definitions), Section 6.4 (B-2 Established Corridor Commercial
District, Section 6.5 (B-3 Community RetaO/Commercial District),
Section 6.7 (Industrial Research Park District), Section 6.7
(Industrial/Reseazch Park District), and Section 9.2 (Use Table) to
Permit the Use of a Cattery
Approving a Supplemental Auurouriation of $1 722 40 Resultine from
a Donation of $1.000 from Aaron's. Inc and a Donation of $722 40
from the Leesbure Presbyterian Church to the Community Ouneach
Proeram
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COiINCIL MEETING August 10, 2010
RESOLUTION 2010-113
Approving a Supplemental Appropriation of $1,722.40 Resulting from
a Donation of $1,000 from Aaron's, Inc., and a Donation of $722.40
from the Leesburg Presbyterian Church to the Community Outreach
Program
d. Economic Development Commission Availability Fee
Recommendations
RESOLUTION 2010-114
Initiating an Amendment to Section 34-29(b) (Availability Charges for
Water Service), Division I (Generally), Article II (Water System),
Chapter 34 (Utilities) of the Town Code
e. Making Appointments to the Utility Rate Advisory Committee
RESOLUTION 2010-119
Making Appointments to the Utility Rate Advisory Committee
(Seibel/Shotton)
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Vice Mayor Wright
Nay: None
Vote: 6-0-1 (Umstattd absent)
11. PUBLIC HEARINGS
f endeen
The public heazing was cancelled due to the Council's acceptance of the
offer from Leesburg Community Church.
b. TLSE 2010-0003 Towne Animal Clinic
The public hearing was called to order at 9:14 p.m.
Michael Watkins stated this application is for a special exception for the
Towne Animal Clinic, which is currently located on East Market Street, but
are contract purchasers of an existing 11,943 square foot building at 64 Plaza
Street, N.E. He discussed the modifications that are being requested by the
applicant and noted that staff recommends approval with the modification to
parking requirements as requested because the ultimate use of the property as a
veterinary hospital will actually create a surplus of parking spaces. He noted
the Planning Commission has recommended approval of the parking
modification and the special exception, but did ask staff to look into the
requirements for disposal of waste material. He stated the applicant has
provided a section from the Virginia Administrative Code that outlines the
requirements for them to establish their facility and in addition they will be
-- required to have state inspection.
COUNCIL MEETING August 10, 2010
Council Member Butler confirmed that the applicant is in agreement
with the conditions as outlined in the staff report.
Council Member Dunn questioned the location of the sign and how
much of the building would be occupied by the animal hospital. It was noted
the sign will be mounted on the facade and the animal hospital will phase itself
into the building. He stated this is an example of how the town is missing
opportunities to incorporate form based code into its decisions.
Vice Mayor Wright questioned whether there is any consideration of
removing the pavement in the spot where the parking spaces will be removed
to expand the grass area. It was noted the applicant could do that at a later
time.
On a motion by Council Member Martinez, seconded by Council
Member Buller, the following was proposed:
RESOLUTION 2010-115
To Approve Veterinary Hospital Special Exception Use for TLSE 2010-
0003 Towne Animal Clinic
c. Cable Franchise Input Session
The input session was opened at 9:30 p.m.
Barbaza Notar stated this is part of the ongoing process for Comcast's
franchise renewal proposal. She stated that federal and state law require public
input sessions. She stated this is the Town Council's public input session for
anyone who wanted to comment on Comcast services within the town. She
stated another public hearing is necessary for input on the proposal for renewal
after which time an agreement will be reached for a renewal proposal.
There were no speakers for this input session. The input session was
closed at 9:32 p.m.
d. Amending the Leesburg Zonine Ordinance to Permit Townhomes th R-
22 Multi-Family Residential Districts
The public hearing was called to order at 9:32 p.m.
Kevin Lawlor stated this is TLOA 2010-0003 is to amend the Zoning
Ordinance to allow townhomes by-right up to a density of 15 units per acre in
the R-22 MultifamIly zoning district subject to certain standards. He stated the
Planning Commission recommended approval, but recommended a revision to
the proposed language to add restrictions regarding parking in front of the
units. He stated since the front yards are so small, the Commission felt that
the front door should open on to meaningful open space rather than directly
into parking or natfic.
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COUNCIL MEETING August 10, 2010
Mr. Lawlor discussed the requirements of the R-22 Zoning District and
displayed a map of the two undeveloped R-22 districts in the town. He also
_ discussed how a diverse mix of housing types creates more affordable housing
possibilities.
Council Member Hammler stated her understanding was that Mr.
Wood was proposing a commercial complex totaling 13,050 square feet and
had provided an economic impact analysis. She questioned the change in
proposal.
Mr. Boucher stated one of the properties that could be subject to this
ordinance amendment was the subject of a potential rezoning to the B-3
district. He stated the Planning Commission recommended denial and the
owner has not brought the rezoning forward [o the Council at this time. He
noted that there is a site plan approved for 15 by-right residential
condominiums.
Council Member Hammler confirmed that the townhome use would be
by-right.
Mr. Boucher stated that while it would be by-right, there would be
some use standards such as 250 square feet of recreation space per dwelling
unit and the avoidance of monolithic, repetitive building types.
John Wood, stated he is the owner of the R-22 property on Edwards
Ferry Road known as Banyan Cove. He stated he assembled the property over
six years ago and initially came in with a site plan application for an R-22
condominium project. He stated afrer the application had been submitted
Mayor Umstattd questioned whether the development could be fee-simple
townhouses instead of condominiums because of concerns over the
condominium form of ownership. He stated at the time, the R-22 zoning
district did not allow townhomes, but would allow condominiums. He stated
he obtained approval for 15 townhouse-style condominiums. He stated his
buyer was a national homebuIlder that was going to buy the property to build
the condominiums, but unfortunately the condominium market imploded and
the sale did not happen. He stated the rezoning application for B-3 was not
met with favorable response. He added that townhomes create a more stable
community and are assessed at a higher value.
Mr. Wood stated his request is for a shorter front yard of one foot,
rather than two feet, and a shorter side yard of only two feet instead of five feet
to allow more flexibility in an urban condition. He stated i[ also promotes new
urban design principals and makes the property more affordable to the buyers.
He also recommended allowing parallel parking in front of the units to
promote new urban principals.
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COUNCIL MEETING August 10, 2010
Council Member Butler questioned whether parallel parking is allowed
in front of the townhomes.
__ Mr. Lawlor stated it would be, but there would be a two foot front yard
and a minimum ten foot common space buffer between the front yard and the
parking. He stated the two foot front yard would allow the owner a little bit of
space to do some landscaping. He stated the side yazd reflects stairs on the
side of the unit for side-entry townhomes. He noted these setbacks are more
generous than in any other jwisdictions.
Council Member Hammier questioned whether an economic impact
study was done between the commercial use and the townhome use from not
only the town's perspective, but from the county's perspective which would
include schools.
Mr. Boucher noted that 22 multi-family units are allowed by-right in
this district and a lower number offee-simple townhomes would be allowed.
Council Member Hammier stated this would be an interesting part of
the analysis from the previous economic impact of the commercial complex
which would generate approximately $59,175 in annual tax revenue to the
town and only $6,369 in annual tax revenue to the town for residential
development. She stated this represents a significant difference, particularly
extrapolated over a period of time.
Council Member Reid stated he would have preferred to see the
commercial complex, but not another convenience store hangout.
Council Member Dunn questioned whether undeveloped land is taxed
at a lower rate than developed land. He questioned whether the town can
force a property owner to develop a certain way.
Mr. Boucher stated the improvements add value to the appraised value,
which causes the tax bill to go up, but not the rate. He noted that the R-22 is a
residential multi-family zoning district so residential is a by-right use.
On a motion by Council Member Dunn, seconded by Council Member
Martinez, the following was proposed:
ORDINANCE 2010-0-018
Amending Article 5, Section 5.9 (R-22 Multi-Family Residential
Dis[irct) and Article 9, Section 9.2 (Use Table) of the Leesburg Zoning
Ordinance
Council Member Dunn stated this is good zoning even though he
would have loved to have commercial.
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COiJNCIL MEETING August 10, 2010
Council Member Reid offered a friendly amendment to allow a
minimum front yard of 18 inches and a 3 foot side yard. The amendment was
accepted.
Council Member Hammier stated the public school costs for these units
is over $300,000. She noted there is significant stress because of the
demogaphics of some areas. However, she stated her support for the benefits
outlined by Mr. Wood that townhouse lots that are owner-occupied do
provide a Beater sense of community and higher value. She stated the
Council needs to stay firm on commercial development where appropriate.
Council Member Butler stated his support for this amendment.
Vice Mayor Wright stated he also supports the amendment. He stated
the town must be careful of changes initiated for specific properties, but this is
good zoning practice and allows a Flexibility of housing types within the
density. He stated there are benefits to the community of the flexibility of
housing types.
Council Member Dunn stated [he issue is not whether this property
should be commercial, but how many of what type of residential unit should
be allowed.
The motion was approved by the following vote:
- Aye: Butler, Dunn, Hammier, Martinez, Reid and Vice Mayor
Wright
Nay: None
Vote: 6-0-1 (Umstattd absent)
12. ORDINANCES
a. None
13. RESOLUTIONS
a. Economic Development Commission Arts and Cultural Disnict
On a motion by Council Member Butler, seconded by Council Member
Hammier, the following was proposed:
RESOLUTION 2010-116
Dtrecting Staff and the Economic Development
Commission/Commission on Public Art Joint Task Force to
Collaborate on Further Research and Details of Establishing an Arts
and Culmral District in the Town of Leesburg
Council Member Butler noted the motion he made included the
Commission on Public Art as part of the Joint Task Force.
]2Pne,
COUNCIL MEETING August 10, 2010
Council Member Hammier stated she appreciates the change to include
the economic impact study and the drafr ordinance to be reviewed by Council.
Council Member Reid offered a friendly amendment to add "by
December 1" as a deadline.
Council Member Butler stated the Joint Task Force had indicated they
would be ready to remm to Council by the fast meeting in December.
CouncIl Member Reid amended his friendly amendment to add "by the
first meeting in December". He stated this and the incubator are two things
that could make a good impact on the downtown.
Council Member Dunn stated a lot of this is dependent on the property
owners who have to buy into this. He stated the town needs to go after
emertaining space rather than just business offices for non-profit entertainment
goups. He expressed a desire to see tourism incorporated into the district
because it is an important aspect of the downtown.
Vice Mayor Wright thanked the EDC and the Commission on Public
Art. H e stated they worked together as a team to come up with awin/win for
the community to help attract people to the downtown.
Council Member Hammier offered a friendly amendment "Therefore,
Resolved, the Joint Task Force is directed to investigate a more detailed
- economic impact of the establishment of an Arts and Cultural District,
description of the approval process for ganting incentives,..."
Council Member Butler accepted this amendment as friendly. He
stated this will be an excellent tool in the town's toolbox. He expressed his
hope that the downtown businesses see the effort the town is putting into the
downtown as an investment in the downtown and will respond appropriately
to work to make the downtown better.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Vice Mayor
Wright
Nay: None
Vote: 6-0-1 (Umstattd absent)
b. Mason Enterorise Center - Aunroval of Letter of Intent
On a motion by Council Member Hammier, seconded by Council
Member Butler, the following was proposed:
RESOLUTION 2010-117
Authorizing [he Town Manager to Execute a Letter of Intent and Lease
to Lease Space(s) for the George Mason Enterprise Center
13~i~ngc
COiJNCIL MEETING August 10, 2010
Council Member Hammier stated the Council has really gone to bat for
the downtown tonight with three really strong resolutions. She stated moving
this forward with George Mason University as partner to establish an
incubator in the downtown is an incredible testament to so many people being
focused on something that will make a dramatic difference. She stated she
appreciates the support of the Board of Supervisors partnering with the town
knowing that both the town and county will be served from an economic
development perspective.
Council Member Dunn stated he supports this with some reservations.
He stated he is discouraged that an empty lot was chosen rather than an empty
retail/office space and it wffi have to be moved once the buIlding is completed.
Council Member Reid stated that regardless of the location, this will be
a tremendous benefit to the town and will be fmanced primarily by rents paid
by the businesses located in the incubator. He congratulated former Vice
Mayor Susan Home and Ken Werner from the Economic Development
Commission for their leadership on [he Incubator.
Vice Mayor Wright stated that seeing how this worked m other
communities, it presents a great opportunity to expand on the recent economic
development efforts throughout the town.
Council Member Hammier stated this is an important start of a
- relationship between the town and George Mason University based on a solid,
proven business model. She stated her belief that this will be a win/win
having it located in the downtown.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Vice Mayor
Wright
Nay: None
Vote: 6-0-1 (Umstattd absent)
Mr. Wells stated the Economic Development staff will be working very
closely with the graduates of the incubator to locate the business throughout
the entire town
Council Member Hammier commented that the SBDC will return to
the downtown, supporting other businesses in Leesburg.
a Paving Schedule for the FY 2011 Budeet
On a motion by Council Member Martinez, seconded by Council
Member Butler, the following was proposed:
RESOLUTION 2010-118
Authorizing a Street Resurfacing Program for FY 2011
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COUNCIL MEETING August 10, 2010
Council Member Butler questioned whether there is an actual schedule
available.
Mr. Mason stated this is a list and if approved staff will work with the
paving contractor to schedule the times and dates for the vazious roads to be
paved. He stated they would prefer to get them done this year, but the town is
a smaller customer for the paving contractor.
Council Member Butler commented that the past year, some of the
conditions changed over the winter. He questioned whether the really bad
roads could be done m the fall and wait and do the ones in the spring that need
done which would give some fiexibiliTy.
Mr. Mason stated that if the streets were to change over the winter, staff
would come back to Council.
Council Member Reid questioned how much VDOT gives the town for
road maintenance.
Mr. Mason stated for FY 2011, the town will receive approximately
$2.8 million from VDOT. He stated the town's estimated street expenses
based on the portion of the approved streets division budget in the current
budget is about $3.5 million.
CouncIl Member Reid questioned what was being done at Battlefield
and Tavistock Drive.
Mr. Mason stated the contractor had to mill out the pavement to install
the loops for the traffic signal that is being installed.
CouncIl Member Reid stated he is symbolically not going to support
this request. He stated some of the streets listed are not that critical for
repaving.
CouncIl Member Dunn questioned what the paving budget was initially
reduced by last year.
Mr. Mason stated it was about $180,000, which had to be encumbered
before the end of the fiscal year. He noted [hat the pavement jobs were able to
be bundled with the unfmished jobs from the fall. He also stated that money
was saved by paving the section of Sycolin that was restriped to shifr the lanes.
CouncIl Member Dunn expressed his belief that the town is
overspending m the area of milling and paving. He stated that better
budgetary measures can be put in place which was proven by the fact that the
-"" budget was cut by $180,0001ast year. He stated he will make a motion to
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COiINCIL MEETING August 10, 2010
reduce this budget again by capping it at $800,000 and reserve the right to
come back to CouncIl. He stated if there is money to be had, the Council and
staff will spend it.
The motion was seconded by Council Member Reid.
Council Member Butler stated the people in the Southeast quadrant are
very happy with the Sycolin Road restriping.
Council Member Hammier stated at least one petitioner tonight
mentioned how important newly paved roads are in terms of his perception of
the quality way Leesburg takes care of its streets. She stated one of the retreat
objectives that Council discussed two weeks ago, was having staff come back
with a bike connectivity plan. She stated the Council needs to start thinking
about the streets needing to be paved and in really good condition because
increasingly bikes need to be safe as well. She stated Council Member Dunn's
figure is arbitrary.
Council Member Dunn stated it is no more arbitrary than the number
ageed upon last year. He stated that the fact that staff came back two weeks
before the budget cycle ended for the additional funds proved that the town
could have gotten by without spending that money during that budget cycle.
He stated he feels the town is overspending in this area.
The motion to amend failed by the following vote:
Aye: Dunn and Reid
Nay: Butler, Hammier, Martinez, and Vice Mayor Wright
Vote: 2-4-1 (Umstattd absent)
Vice Mayor Wright stated he is sensitive to this item as he has spent a
lot of time going through the overall street budget. He stated the town could
have gotten through the end of the budget cycle and those roads would have
been on the top of the list for this budget cycle causing this yeaz's secondary
list to be much longer. He stated the town will be paving 12 sections of road
and there are 19 sections of road that also qualify that the town would like to
pave, but to stay within the budget there are 19 sections that will need to be
deferred. He stated as the roads continue to degade, the cost to bring those
roads back up becomes significantly higher. He stated the town has continued
to reduce the paving budget but keep it within a responsible scale.
Council Member Dunn stated the town tends to do projects at the
upper end of the scale. He stated the town does not allow them to get to a
median state. He stated it is interesting that the projects when brought back,
exactly equaled the amount of money available.
Council Member Martinez stated he, too, has spent time going over the
_ roads. He stated he cannot speak to whether the roads are being maintained
16~' ,
COiTNCIL MEETING August 10, 2010
on the upper end or median end, but the department is doing a great job. He
stated the town gets more compliments on the way the town looks and this is
part of the reason why.
The motion was approved by the following vote:
Aye: Butler, Hammier, Martinez and Vice Mayor Wright
Nay: Dunn and Reid
Vote: 4-2-1 (Umstattd absent)
14. UNFIlVISHED BUSINESS
a. None
15. NEW BUSINESS
a. None
16. COUNCIL COMMENTS
Council Member Dunn disclosed a discussion with David Rochester of
Leesburg Community Church.
Council Member Reid agreed that the residents of the Southeast quadrant
greatly appreciate the Sycolin Road restriping, which he supported and pushed for
with Council Member Butler. He stated his objection was the number of sneers and
[he amount of funding.
-- He stated he attended the Police Department's press conference about the
serial stabbings and stated the CouncIl offers its prayers to the families and the three
men who were viciously stabbed. He stated the NAACP issued a flyer to the African-
American community. He stated the leads developed by the Leesburg Police
Department are the most solid so far. He stated he heard in Michigan, where there
were five murders, there were turf battles going on between state police and the Flint,
Michigan police because of cut backs and layoffs. He stated Leesburg has an active
citizenry that is not afraid to come forward and a Police Department that has the
resources it needs. He stated surveillance cameras were critical to cracking this case
and would like Council to consider them for next yeai s budget as they are a deterrent
and help capture criminals.
He stated there was a discussion about VDOT funding at the VML meeting he
attended last week. He stated VDOT was withholding funds from towns and cities
that have streets that do not meet certain standards. He stated it will take legislation
because VDOT does not have authority under the law to administratively give road
maintenance funds for sneers that do not meet VDOT standards. He noted that a lot
of streets in historic districts do not meet those standazds.
He stated he was pleased to see the mm out from the members of Leesburg
Community Church. He promised to get back to the letter writers. He stated that the
Council made a mistake m not having the political will to go through with the original
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COiJNCIL MEETING August 10, 2010
Chancellor Street trail. He stated [he South King Street trail is a good project and wiB
help in the near-term.
_ Council Member Martinez recognized Lee Phillips in the Planning
Department for a letter received from St. John's on the Plan Review and the
assistance the church got in thew application. He stated he appreciates staff s
continuing efforts to work with the church. He thanked the members of Leesburg
Community Church for coming out and stating their feelings about the trail. He
stated he is glad to see community activism.
Council Member Hammier disclosed a meeting with Jan Zachariasse of
Waterford Development and Mike Grundy, the president of the World Trade Center
Dulles on August 3. She stated it was a lunch meeting and she did pay for her own
lunch. She stated she looks forward to following up with Council Member Reid
regarding an option for a Chancellor Street trail. She stated she attended the VML
committee meetings in Richmond with CouncIl Members Butler and Martinez. She
stated a lot of time was spent on the deregulation of ABC stores.
She thanked Council Member Butler for his invocation. She congratulated
everyone involved with the new water tanks.
She thanked everyone involved with the stabbing investigation including the
FBI, other jurisdictions and the police department. She questioned what can be
Teamed about getting the word out to groups of citizens that need to know about a
- situation. She reminded everyone of the September 11 ceremony at 10 a. m. on the
Town Green and [he annual dog swim at [he A.V. Symington Pazk on the same day.
Council Member Butler stated the main topic in his VML environmental
meeting was about uranium mining, which there is a moratorium on. He stated there
is some enthusiasm to lift the moratorium. He disclosed a meeting with the people
from Landmark, Bailey and Bailey about the redevelopment of the Loudoun Times
Mirror property. He stated he had an excellent meeting with other Town Councils
from around Loudoun Counry discussing downtowns. He stated he visited King
Pinz, which his family enjoyed. He stated Jersey Mike's is very good.
Council Member Reid disclosed a meeting with Bob White and one of his
associates regarding the Times Minor property.
Vice Mayor Wrieht offered his prayers for the community and the victims in
Leesburg and other parts of the country of the serial stabber. He stated there is no
rationale for someone being that filled with hate. He commended the law
enforcement community, which has shown the value of community which includes
the town, [he county and state resources reaching out across state lines. He stated the
town does not have to deal with this a lot, and every time the town has had to deal
with it, [here is a struggle to deal with communications. He stated the town got a lot
of very practical information out m the press releases but he stated he has heard from
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COUNCIL MEETING August 10, 2010
members of the community that they felt they needed more communication. He
stated this is something that the town can work on.
- He thanked the members of the Leesburg Community Church for coming out
to address their concerns regarding the traIl. He stated [here are a range of options
before the Council with regards to the trail. He stated he does not want to do
anything that will adversely affect the Church's ability to grow and meet the needs of
the community, but he would agree that there are safety issues to be addressed on
both sides with students walking to and from the high school without a form of
pedestrian connectivity. He commended the tone and approach of the church
members in their comments despite all the things that have been asked of them with
regards to easements.
He stated he had the opportunity to welcome Flame Kabob which is mn by a
very nice family that have chosen to make an investment in the town. He stated he
has never cut the ribbon on a water tank before. He welcomed Jersey Mike's to the
community as well.
17. MAYOR'S COMMENTS
None.
I8. MANAGER'S COMMENTS
Mr. Wells stated there have been a variety of camera crews at the Police
Department today and ABC will have a segment on their morning broadcast
- tomorrow.
19. ADJOURNMENT
On a motion by Council Member Butler, seconded by Council Member
Hammler, the meeting was adjourned at 11:13 p.m.
T
Clerk un it
2010 tcmin0810
r ,,ice
FOR Kevm D. Wright, Vice Mayor S-
Town of Leesburg
19Pa~