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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) ] °.,; 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 2~,,~~ 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 31~'~t, 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 4~[~:,,< 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. SI~~,E~ 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 6 ~' 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 7~~' ., 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. 9~~,~s~ 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. IO~i~~,; 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. I1~Pagc 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 14~Pa~a 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 LS~a~ 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 17 r-,, 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 Ix~~:~~~ 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~