Loading...
HomeMy Public PortalAbout2011_tcmin0208COUNCIL MEETING February 8, 2011 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Thomas Dunn, II, David Butler, Katie Sheldon Hammier, Fernando "Marty" Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Attorney Barbara Notar, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Zoning Administrator Chris Murphy, Economic Development Manager Marantha Edwards, Deputy Director of Planning and Zoning Brian Boucher, Director of Parks and Recreation Richard Williams, Senior Management Analyst Bob Berkey, Deputy Director of Utilities Aref Etemadi, Comprehensive Planner David Fuller and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Council Member Hammier 3. SALUTE TO THE FLAG was led by Boy Scout Troop 1550 4. ROLL CALL showing all Council Members present. 5. MINUTES a. Work Session Minutes of January 24, 2011 On a motion by Council Member Martinez, seconded by Council Member Hammier, the work session minutes were passed 7 -0. b. Regular Session Minutes of January 25, 2011 On a motion by Council Member Martinez, seconded by Council Member Hammier, the minutes were passed 7 -0. 6. ADOPTING THE MEETING AGENDA (Amendments and Deletions) Vice Mayor Wright made a motion to adopt the meeting agenda after moving Item 17 after Item 7 and moving Item 14b to Consent. The motion was seconded by Council Member Martinez and approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 7. PRESENTATIONS a. Bid Opening —Water Treatment Plant Land Lease for Telecommunications Companies No bids were received. 1 1 Page. COUNCIL MEETING b. Bid Opening —Land Lease at Rt. 643 Water Tank No bids were received. 9. PETITIONERS The Petitioners section was opened at 7:40 p.m. February 8, 2011 8. MANAGER'S COMMENTS Mr. Wells stated during the next two meetings, he will be presenting the budget. He will be presenting the longer term framework at the next meeting and the actual budget book will be presented at the first meeting in March. Supervisor Kelly Burk Mayor Umstattd stated that Supervisor Burk had an illness in her family and asked her to relay to Council the fact that she was aware of and shared the concerns expressed by Council members over the proposals on the County property south of Kincaid and Tavistock. She stated she is aware of the concerns about additional construction traffic and urged Council to continue to fight for more extensive landscaping and buffering between some of the facilities slated for this area, including the Juvenile Detention Facility, and the neighborhoods. Robin Peacemaker stated she is the owner of Leesburg Restaurant. She asked Council to rescind the portion of the downtown improvement project that would eliminate parking on King Street. She stated each and every time that parking has been removed on King Street, it has adversely affected their business. She stated they have a petition signed by people who agree that the parking spaces should not be removed. She stated she has elderly and handicapped customers who need those parking spaces to make the businesses on King Street easily accessible. She stated the downtown improvement project has a lot of things to offer that are beneficial. She urged Council to consider the wishes of not only the business owners and operators, but those patrons of downtown Leesburg. Mike Carroll stated he owns the Leesburg Vintner. He stated being from Pittsburgh he is really upset that Steelers lost the Superbowl. He stated he is really upset that Council voted to remove the parking on King Street as it will hurt most businesses on King Street. He stated he collected over 700 signatures from paying customers who cannot believe Council made this decision. He stated his lease is up in the fall and he needs to know if this matter is up for discussion as he cannot afford to take a financial hit right now. He stated many of his customers have told him they will leave if the parking is gone. Further, he stated that taking cases of wine to the parking garage is not feasible and the loading zones are not sufficient. He stated removing parking on King Street will punish merchants who have been there a long time. He urged Council to redo King Street and still retain parking. He urged them to be business friendly. Stilson Greene, stated he is the part owner of the Laurel Brigade and has been in business in Leesburg for 31 years, adding that is his hometown. He stated the downtown does not have to compete with Reston, Lansdowne and Villages of Leesburg. He stated that consultants say you need free parking because parking spaces make the 2 1 Page COUNCIL MEETING February 8, 2011 business look busy if they are full. He stated that there has been horses and buggies parked on King Street. Further, he stated that King street is more than just a street in the town; it is one of the first arteries in northern Virginia and is the heart and soul of Leesburg. He stated that changing that aspect of King Street takes something that has been in the town's DNA for 250 years. He urged Council to reconsider the removal of parking on King Street. He stated it is called historic downtown Leesburg. Waily Wang, from China King stated she has been in business for 22 years. She stated she loves Leesburg and this is her hometown. Further, she stated that a lot of people don't know that there is a problem with parking, but taking out the parking on King Street will cause a problem. She stated she has been fighting with the police about the loading zone. She questioned what will happen if there is no parking? She asked Council to rethink this. Scott Warner, stated he has been in Leesburg since 1986. He stated after ten years of being the proprietor of the Downtown Saloon, he has come to understand how important parking is to downtown as today is about convenience. He stated that parking is a convenience for those that want to shop and to take that away means they will go somewhere where it is more convenient. He stated his customers have relayed the message to me that they didn't come in if there is no where to park. He stated removing the parking is a bad idea and bad business. David Baxter, stated he own several commercial buildings in Leesburg including on King Street. He stated he feels that there are parts of the plan that are not effective, and that includes removing the parking on King Street between Loudoun and Market. He stated he read that the consulting company said that people did not understand the plan because it was not explained to them sufficiently. He stated he understands if parking is not convenient, it is not convenient to shop or dine. He stated if the street was wider, you could satisfy both things, but putting tables on the narrow strip of sidewalk is not a decision that Council should stick with. He urged them to change their plan. Boe Delashmutt, stated he was born and raised in Loudoun County and has worked here for over ten years. He stated one of the hardest things to do is to convince people to convince to lease space due to the parking. He stated that doing anything to add to the myth that it is hard to park, will make it harder to lease space. He stated it will be difficult to maintain the effectiveness of South King if you take parking away. Don Devine, stated he grew up on Cornwall Street. He stated he likes the plan for the improvements of Leesburg. He stated one of the undisputed facts is there is a perception of not enough parking in Leesburg and the King street part of the improvement plan will take away more parking. He stated that everyone wants what is best for Leesburg, wants to be able to walk from Tuskies without running into a metal pole. He stated his tenants say they can't operate their businesses without parking. He urged Council to re -look at it and come up with something that works for everyone. Stanley Caulkins stated he wants to help Council improve this town. He stated he wants to help Council spend the money and do it right. He stated the plan for 3 I Page COUNCIL MEETING February 8, 2011 parking on King Street is an issue that is improperly addressed and needs to be corrected. He stated the plans show a hump in the middle of King Street, which he believes will not work economically or mechanically because there will be no where for the stormwater to go. He urged Council not to disturb South King Street. Mark Clinard stated he is here to talk about the ripple effect as he is the layer behind the retailer. He stated he is an importer of products from Spain and Argentina. He stated if Mr. Carroll's business goes away, his interest in downtown Leesburg will go away. He stated it is a mistake to take away parking on King Street. Sandy Kane, stated she has two issues to address. She stated that Senator Mark Herring sent her an email at 6:17 this evening updating her that SB1351, which would prohibit driving and talking on a cell phone except when using hands free devices in the Commonwealth passed the Senate and is moving on to the House of Delegates. She stated as a resident of Kincaid Forest, she is addressing the Council about the expansion of the county government uses in the JLMA abutting the town immediately south of Kincaid Forest. She stated according to Paul Brown, the county has eliminated their plans to extend Miller Drive east to Kincaid Boulevard and plans to extend Crosstrail Boulevard to establish links from Sycolin Road to Kincaid Boulevard are far into the future. She stated the county does not propose to extend Loudoun Center Place to access Kincaid Bouleard. Further, she stated it appears that the Crosstrail link to Route 7 is not a reality. She stated, instead the county's immediate plans for this project call for principal access and all construction traffic by way of Kincaid Boulevard, which bisects Kincaid Forest, a community of 544 residences. She stated this is yet another example of the county blowing off the town's plans for improving its transportation network while asking the town to accommodate the county's desire to construct controversial public facilities on the town's boundary. She urged the Council to deny access to construction traffic via Kincaid Boulevard, which should be extended south and opened to traffic when it serves the town's purposes, not when it is the county's desire. She stated the county must demonstrate how its construction proposal will promote the town's legitimate transportation purposes, not just Loudoun County facility needs. She urged Council to remember the county is just like any developer and must show how it can implement its project consistent with sound planning. She stated just because the county routinely rejects town requests to provide transportation links in the county that will allow the town to realize its goals, it does not mean that the town must yield its comprehensive plan to county preferences. She asked the Council to amend the Town Plan transportation element as part of the ongoing update to specifically condition the opening of Kincaid Boulevard to construction and acceptance of transportation links setting for prioritized triggers for opening integrated transportation improvements serving this portion of the town and county. She stated linking the town's portion of Kincaid to the county's section provides ingress and egress to the county's site, becoming the most important route to access Battlefield and Route 7 for points north and east. She stated although the town cannot veto or say no to the county's site plan, the town does have the right not to issue a permit to the county to link Kincaid Boulevard on town property to the county's portion of this roadway before the county meets the needs of the town's comprehensive plan. 41 Page COUNCIL MEETING February 8, 2011 Peter Burnett stated he has a little different take on what we have heard tonight. He stated when this set of improvements came to the Council after a lot of work by a lot of different people, it was his understanding that King Street remained controversial, but there were folks on Council that did not want to go forth with a vote unless some part of King Street was included. He stated that a lot of the community thought the plan for King Street was in need of more consideration. He stated he thought the commitment was made with the understanding that Council would revisit the King Street blocks. He stated they invited Kennedy Smith here recently to talk about downtown improvements in other communities and have since invited any interested citizens to come together. He agreed with Mr. Devine that there are plenty of people who want the best for downtown, but there are some different conclusions as to what is best. He stated the DIA is here to pull everyone together and revisit the important two blocks of the downtown. He stated it is not his understanding that this is locked in stone. He noted that Cate Wyatt of Journey through Hallowed Ground says there are matching funds for improvements on King Street as part of their project corridor. The Petitioners section was closed at 8:21 p.m. 10. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following consent agenda was proposed: a. Performance Guarantee for PMW Farms Fort Evans Road Phase I RESOLUTION 2011 -011 Performance Guarantee and a Water Extension Permit for PMW Farms Fort Evans Road Phase I b. Performance Guarantee and Water and Sewer Extension Permits for PMW Farms, Section 1 RESOLUTION 2011 -012 Performance Guarantee and Water and Sewer Extension Permits for PMW Farms, Section 1 c. Making an Appointment to the Standing Residential Traffic Committee RESOLUTION 2011 -013 Making an Appointment to the Standing Residential Traffic Committee (Lanham) d. Accepting Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Gurantee for Public Improvements at Village at Leesburg Russell Branch Parkway East 5 1 Page COUNCIL MEETING February 8, 2011 RESOLUTION 2011 -014 Accepting Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Public Improvements at Village at Leesburg Russell Branch Parkway East e. Accepting Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Public Improvements at Village at Leesburg Russell Branch Parkway West RESOLUTION 2011 -015 Accepting Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Public Improvements at Village at Leesburg Russell Branch Parkway West f. Temporary Land Use Request During Construction Loudoun Water g. RESOLUTION 2011 -016 Authorizing a Temporary Land Use Request During Construction by Loudoun Water (LW) A -Frame Signs /Permits in Commercial Districts RESOLUTION 2011 -017 Reaffirming Amendments to Article 15 of the Leesburg Zoning ordinance to Permit A- Frame /Sandwich Board Signs in Commercial Zoning Districts The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 11. PUBLIC HEARINGS a. Form Based Code The public hearing was opened 8:23 p.m. David Fuller updated Council on the public input session that was held on January 31. He stated about 20 people attended, which included residents, business owners and property owners who asked a variety of questions. He stated there would be two parts to this, a text amendment that would establish a new zoning district, the Crescent Form Based District, and the second aspect would be to change the zoning map to rezone 86 parcels that are now mostly B -2, B -1, PRN, and R -HD zoning. 6 1 Page COUNCIL MEETING February 8, 2011 He stated the form based code discussion started with the Economic Development Commission's business strategy recognizing the need for redevelopment of the area. He further summarized the history of the form based code discussion including the outcome of Planning Commission discussions. He stated the Public Works Department is concerned about the removal of the requirement for a traffic impact study and the Board of Architectural Review is concerned about a recommendation to remove the H -1 District overlay over the area governed by Form Based Code. Mr. Fuller noted some areas of town regulations that will need to be amended to accommodate form based code. Council Member Dunn left the meeting at 8:43 p.m. Council Member Reid questioned whether an applicant could get an expedited review. Mr. Boucher noted that there would be no review other than site plan review because this will dispense with the rezoning process for developers with the exception of special exceptions. He stated some uses like gas stations would still require a special exception as Council might want to decide those types of uses on a case by case basis. He stated that staff did not put anything in the code specifically, but the internal process would move the applications through quickly. Further, Mr. Boucher stated that the road standards are a little different in this area than in the rest of the town so a special section might be needed for the Design and Construction Standards Manual. Council Member Reid questioned how much staff time will be needed to rework the regulations to accommodate form based code. He expressed concern that a lot of staff time would be spent bringing town regulations into compliance with form based code and then no applications would be submitted. Mr. Boucher stated there has been some encouraging input on the part of the developers as to the feasibility of this district. He stated staff wanted to see if the ordinance could be put together in such a way that the Council, staff, and the community felt was feasible. He stated rather than bring everything in one package, staff felt it would be better to bring the ordinance first and then bring the other regulations forward if Council feels it is appropriate. Vice Mayor Wright stated the goal of form based code is that any development that occurs will be by- right, so any application will be a site plan not a rezoning application that would require a legislative action. He stated the benefit to the development community is that they know what the expectations are and the benefit to the community is they know what to expect. He stated the challenge is the proffers on the Barber and Ross site supersede the form based code and there is no way to remove those. Further, he questioned what would need to be done to increase the district size. 7 1 Page COUNCIL MEETING February 8, 2011 Mr. Fuller stated it would need to be readvertised. Council Member Hammler apologized for missing the public input session, noting that members of Council had to attend the Board of Supervisors meeting with regards to House Bill 1475 and asked for a summary of the January 31" Public Input Session. Mr. Fuller stated the attendance was very varied including residents, business owners and developers. He stated staff was surprised by the encouragement they received from the development community. Council Member Hammler asked for additional outreach to the community as this moves forward. Council Member Butler questioned why no ordinance was provided for Council action tonight. Mr. Fuller stated staff felt the Council still had some choices to make. Mayor Umstattd questioned whether the additional density would necessitate expansion of the utility plants. Mr. Fuller stated an informal estimate shows a probable need for plant expansion due to the additional density. Jim Sisley, stated he is a 17 -year resident of Leesburg living in the southwest quadrant of town. He stated he is a member of the Economic Development Commission and is here representing the Commission. He read the following resolution into the record: WHEREAS, improvements in the relationship between building facades in the public realm, the form and mass of buildings in relation to one another and the scale and types of streets and blocks can be achieved by adopting and implementing a form based zoning ordinance to guide redevelopment and substantially preserve Leesburg's character and sense of place for visitors, businesses and residents; and WHEREAS, the sound planning mechanisms inherent in form based zoning ordinance ensures creation of a larger building floorplate, improved transportation resources, and a broad range of uses necessary to attract new, larger employers and related economic activity to Leesburg; and WHEREAS, form based zoning ordinance will guide the creation of a mixed use higher density pedestrian oriented development pattern to foster a more economically resilient community and lessen the proportionate tax burden experienced by residents of the town; and 8 I Page COUNCIL MEETING February 8, 2011 WHEREAS, the resulting mixed use district will deliver a highly desired population of new employers, shoppers, and residents to support Leesburg's historic downtown; and WHEREAS, the business and residential population within the district will drive delivery of new, larger capacity communication infrastructure proven to facilitate and improve the economic environment. NOW, THEREFORE, be it resolved that the Leesburg Economic Development Commission hereby respectfully requests that the Leesburg Town Council vote to adopt, implement and enforce a form based zoning ordinance to adequately guide the redevelopment of that previously defined geographic district within the town. Mr. Sisley stated he was involved with the Barber and Ross project as their real estate representative. He stated this project involved 250- 300,000 square feet of mixed use that did not include the residential component which would have been 332 housing units. He stated that planned districts give a certain amount of assurance to the development industry. GiGi Robinson, 207 Prince Street, asked Council to consider the impact to existing lessees and renters. She suggested that they start with new code, which will remove references to other sections of code and regulations making the new code easier to administer and easier for the lay person to understand. She stated that one of the principles of the crescent district is that public and private infrastructure be coordinated. She questioned if the crescent district allows denser and therefore more profitable structures, the property owners cannot be expected to shoulder all the costs. She stated in addition to development costs, there will be costs to provide civic amenities and without proffers from rezoning, it will be up to the town to foot all the costs; however, by specifying areas on land use maps or the code, the Council require the developer to allow for open space and civic buildings. Barry Bibb, stated he does not have any remarks. Rodion Ivanchuk, 361 Bridlecrest Square, NE, stated he has closely followed the Steering Committee and Planning Commission discussions of form based code. He stated he supports further consideration of form based code that emphasizes form over use and is more predictable for the development community, property owners, business owners, and residents. He stated it will foster greater sustainability and more walkable area and provide benefit to the Old and Historic district by providing more residential and eliminating an auto oriented strip. Milt Herd, 303 Riding Trail Court, stated the long term vision for the crescent district is for traditional human scale streetscapes based on the 91 Page COUNCIL MEETING February 8, 2011 demographic market trends of the future. He stated form based code supports this vision, whereas the current zoning supports a 1950 -60s vision of suburbia. He stated the traditional human scale streetscapes are formed mainly by the relationships and spaces between buildings, not by architectural details. Further, he stated adopting this code would not require any landowner to change what they are doing; in fact it provides for reasonable expansion of existing uses without having to meet the full requirements of the new code so the change will be incremental and gradual as a long term conversion from suburban to urban. He urged Council to adopt the code as soon as possible with an effective date 60- 90 days out to give time to clean up DCSM issues, as discussed. He requested the Council direct the Planning Commission to go back and develop a new map for this district that will actually make this code achieve the vision because the current map is simply too small. Dieter Meyer, 214 Andover Court, stated it is important to stick with the larger district because the form based area needs to match the area that the Town Plan and crescent district master plan suggest. The public hearing was closed at 9:31 p.m. Council Member Butler stated he would love to be able to vote tonight. He confirmed if the town readvertises this with the larger area, can they vote on the smaller area without having to readvertise again. He questioned whether there is any desire to use the larger area. Council Member Hammier stated she supports moving forward. She stated this is a vision for the future of Leesburg that is economically sound and predictable for the development community. Council Member Martinez stated he would support the larger footprint. He is happy to wait to vote to give time for more questions. Vice Mayor Wright stated the district has a lot of potential but the Planning Commission recommended area is a little small. Vice Mayor Wright questioned what should be done next. Susan Berry Hill stated if Council choses to adopt the form based code, they could do so with an enactment date in the future that would give staff a chance to catch up the DCSM requirements and make sure all the other regulations are aligned. Mr. Boucher stated it would be wise to readvertise the largest proposed district because you can always shrink the district, but you cannot make it larger than advertised. He stated some property owners in the larger district were not in favor of this. 101Page COUNCIL MEETING February 8, 2011 Vice Mayor Wright stated he likes the idea of getting this map moved forward and then come back and readjust the map. Council Member Reid stated he would still like to see whether an expedited review can be performed, which would be a great incentive. He stated advertising a larger district is going to be problematic as some of those property owners are against being included. Mayor Umstattd stated she has major concerns about even the smaller footprint. She stated there are almost 2,100 additional residential units at the Village of Leesburg and this would come with 1.6 million square feet of additional non residential uses. She stated the chances are that this will dwarf the downtown and might not be a good thing for the current merchant base of the downtown. She stated she is troubled by the fact that there is no way to predict the amount of traffic that this will generate. She stated she is not gung -ho on density because one of the charming things about Leesburg is there is room to breathe. Council Member Dunn stated he cannot support this as presented. He stated he is for the idea of form based code, but not of a plan that goes on for 30- 40 years. He stated this plan, in its present state, falls far short of being a very good plan that could be beneficial for the entire town. He stated the state has given the town the authority to decide how the town should look, but the town is willing to take what they can get. He stated he is in favor of form based code being expanded to other areas of town, but in a lighter version that combines both design standards and some of the regulatory concerns. He stated this program has been not much more than an academic study for those involved. He stated it is frustrating because certain parts of form based code could have been implemented two to three years ago in the outlying areas and seeing what the design features might have looked like. Council Member Hammler stated she would like the opportunity to look at a larger map, hear from those impacted, and determine how to keep moving forward in a positive way. b. Amending Article 13 (Flood Protection) and Article 18 (Definitions) of the Zoning Ordinance of the Town of Leesburg The public hearing was opened at 9:50 p.m. James "Irish" Grandfield presented this application for amendments to Article 13 of the Zoning Ordinance. He stated a flood protection ordinance is something that the town is required to have to participate in the national flood insurance program that gives benefits to the town in terms of disaster relief and also allows land owners to buy flood insurance. He stated this article regulates development in flood hazard areas and was last revised in 2003. He stated the ordinance is being revised now because of the crescent district master plan, which identified an area as a priority redevelopment area. 111 Page COUNCIL MEETING February 8, 2011 He stated Town Branch is not a very scenic stream at this point as it was channelized and relocated decades ago to take care of some flooding problems. He stated this would allow a little different regulation in the case of this highly altered stream. He stated this amendment would allow commercial buildings in the floodplain fringe in that small area of the downtown identified in the crescent district master plan and to update references and definitions as necessary. He stated that the Environmental Advisory Commission added some text and Planning Commission has unanimously recommended approval. He stated the Development Advisory Group has also reviewed the ordinance and has no objections. He verified that these changes do not in any way affect the town's ability to participate in the National Flood Insurance program. Council Member Reid stated he has no problem supporting this; however, he personally does not like the idea of turning the creek into a "river walk" as it changes the whole feel of the creek and the park, which concerns him. He stated in order to allow the projects along the creek to go forward, he will support it. He also noted that if the Council adopts this, it would not be fair to adopt the future creek valley buffer ordinance which would prohibit development within 100 feet of a stream bank. Mayor Umstattd questioned whether the town has a handle on what the Chesapeake Bay Protection Act will impose on the town. She questioned whether approving this will create more cost to the town once those Federal /State regulations come into play. Mr. Grandfield stated he does not feel there will be any negative impact in terms of meeting the town's requirements for the MS -4 permit, which is how the Chesapeake Bay regulations will be implemented. He stated the next time the MS -4 permit comes up for renewal, that is when there will be new standards placed on the town and he does not believe that approval of this small ordinance amendment will place any additional burden on the town. Mayor Umstattd questioned whether denial of this amendment will affect any submitted plans. Mr. Grandfield stated that Georgetown Park has been submitted and is ready for approval subject to this ordinance amendment. He noted that the applicant will actually be improving the water quality moving forward because previously there was no requirement for BMPs (Best Management Practices) in the DCSM (Design and Construction Standards Manual). There were no speakers for the public hearing. The public hearing was closed at 10:09 p.m. 12 1 Page COUNCIL MEETING February 8, 2011 On a motion by Vice Mayor Wright, seconded by Council Member Reid, the following was proposed: ORDINANCE 2011 -0 -001 Amending Article 13 (Flood Protection) and Article 18 (Definitions) of the Zoning Ordinance of the Town of Leesburg to Update Definitions and References as well as Permit Commercial Buildings in the Floodway Fringe in an Area Along Town Branch The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 c. Amending the Town Code to Increase the Tax Rate on Cigarettes Sold in the Town of Leesburg The public hearing was called to order at 10:11 p.m. Bob Berkey stated this is an ordinance to increase the tax rate on cigarettes sold in the town from $0.50 to $0.75 per pack. He stated the last time the tax was increased was in April 2003 and since then, a majority of the jurisdictions in Northern Virginia have increased their tax as well. He stated it is estimated the increase will result in an additional $300,000 for the town. He reminded Council that this will require a 2/3 vote to pass. Council Member Reid expressed his concern that this is a declining source of revenue, so the town may not actually get the estimated amount because according to the figures in the CAFR, the tax revenues have declined in the past few years. Mr. Wells stated the last time the Council increased the rate, there was a significant jump in revenue. He stated the decline that has been occurring over the past several years is likely a reflection of two things: (1) there are areas where you can buy cheaper cigarettes, but (2) there is a general decline in cigarette tax revenues across the country. He stated he expects to see a significant bump up in revenue for the first year and then a likely decline over time following the same trend seen in 2003. Council Member Reid recommended looking at the budget before implementing this. He expressed concern over voting on this now. Vice Mayor Wright stated Council is voting on this now because the Town Manager asked for consideration of additional fees in one of the previous budget updates. 131 Page COUNCIL MEETING Council Member Butler expressed his support for this. February 8, 2011 Mr. Wells stated there is approximately a $2 million gap and this is one of the options presented to fill that gap. He stated based on earlier Council discussions, there will be no increase in the advertised tax rate, so expenditure reductions and revenue increases will be necessary. Council Member Martinez stated he does not see a downside to this. He stated if we lose some of the revenue, it means there are healthier residents that will live longer. Council Member Hammier stated she supports this. Further, she stated she supports policies that would provide incentives to people who quit smoking. Council Member Dunn stated he will support this, but the idea of trying to increase revenue by increasing a tax to get people to decrease usage does not make sense. Dieter Meyer, 214 Andover Court, stated he is a nonsmoker and is very anti smoking. He stated he appreciates the need to plug budget holes and the difficult situation the Council is in to come up with a way to have revenues meet the requirements. He pointed out that "sin" taxes are nearly three times as likely to affect low income Americans as high income Americans because 34 percent of the lowest income Americans smoke compared with only 13 percent of those earning $90,000 or more per year. He stated not only are the poor more likely to smoke, they spend a far greater percentage of their income on tobacco when they do. On a motion by Council Member Martinez, seconded by Council Member Hammler, the following was proposed: ORDINANCE 2011 -0 -002 To Amend and Reordain Section 20 -198 (Levy and Rate), Article VIII (Cigarette Tax), Chapter 20 (Licenses, Taxation and Miscellaneous Regulations) of the Town Code of Leesburg, To Increase the Tax Rate on Cigarettes Sold in the Town of Leesburg Council Member Reid stated he is anti smoking as well, but he will vote against it because of the timing. He stated he would prefer to see it come up with the budget. Council Member Dunn noted that people opting to take their cigarette purchases somewhere else, could also take their business purchasing drinks and snacks elsewhere. 141 Page COUNCIL MEETING February 8, 2011 The motion was approved by the following roll call vote: Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: Reid Vote: 6 -1 d. Changes to Miscellaneous Fees and Fines The public hearing was opened at 10:23 p.m. Bob Berkey stated there are two new fees and changes to the parking fines included in this ordinance. He stated the first new fee is a short term hangar rental fee to be used when someone wants to house their airplane overnight or for a few days allowing the town to take advantage of vacant hangars. He stated the second fee is a communications right of way use license and inspection fee as currently the town does not recoop expenses incurred for staff time spent in engineering and legal review of these requests. He stated study of other local jurisdiction's parking fines shows the town to be about $10 below those localities. Council Member Hammier clarified that the parking fines stay with the town and are not transferred to Richmond. Council Member Martinez verified that the short term hangar rental fee has been reviewed by the Airport Commission. There were no speakers for this public hearing. The public hearing was closed at 10:26 p.m. On a motion by Council Member Reid, seconded by Council Member Butler, the following was proposed: ORDINANCE 2011 -0 -003 To Add Section 6 -25 (Short Term Hangar Rental) to Article II (Leesburg Executive Airport), Chapter 6 (Aviation), of the Town Code of Leesburg; to Review the Review and Inspection Fee Schedule (Effective February 1, 2011) Referenced in the Subdivision and Land Development Regulations (Effective September 28, 2010) and the Zoning Ordinance (Effective September 28, 2010) To Add a Communications Right -Of -Way Use License Review and Inspection Fee and to Amend Section 32 -141 (d)(Fine Schedule), Division 1 (Generally), Article V (Stopping, Standing, and Parking), Chapter 32 (Traffic and Vehicles) of the Town Code of Leesburg to Increase Certain Parking Fines and Appendix B (Fee Schedule) 15 1 Page COUNCIL MEETING 12. ORDINANCES a. None February 8, 2011 The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 13. RESOLUTIONS AND MOTIONS a. Rescinding Council Action on the Contract Award for Ida Lee Park Recreation Center Fitness Equipment Council Member Hammler made the following motion, seconded by Council Member Martinez: MOTION 2011-006 I move to Rescind Council Action on the Contract Award for Ida Lee Park Recreation Center Fitness Equipment Council Member Hammler stated she had specific issues with some of the descriptions of the particular machines in the contract, not the outlay of capital replacement funds. She stated in doing additional research with Rich Williams and Rob Fulcer, she did learn that the video screens that would block the runner's view can be removed. She stated if this is rescinded, she will be making a motion to award the contract with the removal of half of the video screens. She stated Ida Lee is truly a special place that is better than any other fitness center and the equipment should allow the users to enjoy the vista. Council Member Martinez commended Council Member Hammler for bringing this back. Council Member Reid stated he would support the rescission, but he does not like the process of rescission. He noted that the town will be saving some money by not having as many video screens. He stated his hope that the next time a Council Member has a concern about a big ticket item, it can be deferred until more information can be provided. Council Member Dunn stated he tries not to make rash decisions and takes his vote very seriously. He stated he does not like rescinding votes and will not be supporting this or a vote to award the contract. He stated rescinding votes shows that it is tough for this Council to make tough decisions. He stated that Council does not have the backbone to stick to their guns. Mayor Umstattd stated she voted against the expenditure last time and continues to take that position because she does not see $250,000 for this equipment being a priority during this budget year. 16 I Page COUNCIL MEETING February 8, 2011 Council Member Hammler stated she did ask the follow -up questions and it did not make sense to enter into a contract where a piece of equipment was replaced as it ceased to function. The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, and Wright Nay: Dunn and Mayor Umstattd Vote: 5 -2 b. Awarding Purchase Contracts for Cardiovascular Fitness Equipment at Ida Lee Park Recreation Center On a motion by Council Member Martinez, seconded by Council Member Reid, the following was proposed: RESOLUTION 2011 018 Awarding Two Purchase Contracts for Cardiovascular Fitness Equipment at Ida Lee Park Recreation Center Totaling $240,062.17 Council Member Martinez stated this is something that needs to be moved forward. Further, he stated it will not impact the General Fund as it is appropriated from the Capital Asset Reserve Fund. He stated he has no problem keeping Ida Lee a high quality institution. Council Member Reid stated the new information and the savings of $9,000 makes it worthwhile to him. Council Member Dunn stated it is still taxpayer dollars despite the fact that it is in the Capital Asset Replacement Fund. He stated that the Town Manager had the ability to replace the equipment in smaller numbers without Council approval. Vice Mayor Wright noted that Ida Lee is supported by user fees and the recreation center operates based on those user fees. He stated he heard from users that they will look elsewhere if the town is not going to maintain its equipment. He stated the equipment is well past its useful life and if the town is going to run these facilities, the commitment has to be made to maintain and upgrade the equipment as necessary. Council Member Martinez noted that he heard complaints about the condition of the equipment. He stated this will make an impact to a lot of users of Ida Lee. He stated he tries to manage the town's budget like he would his home budget and looks at this as a fund where you set aside money for large infrequent expenditures so they do not impact the operating budget. He stated that no one is trying to pretend that these are not taxpayer funds, but Council is trying to manage the budget on an even keel. 17 1 c COUNCIL MEETING February 8, 2011 Council Member Hammler thanked the Director of Parks and Recreation, Rich Williams, for all his time. She stated that Ida Lee is one of the things that make it truly enjoyable living in this town. Council Member Butler stated even prior to the previous vote, he knows of several people who moved away from Ida Lee because the equipment was old. He stated if the Town Manager ever tried to bypass Council by purchasing items in smaller quantities, he would consider it a possible firing offense. The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, and Wright Nay: Dunn and Mayor Umstattd Vote: 5 -2 14. UNFINISHED BUSINESS a. None. 15. NEW BUSINESS a. Loudoun County Redistricting On a motion by Council Member Reid, seconded by Council Member Wright, the following was proposed: MOTION 2011 -007 I move to approve the letter on redistricting to be sent to the Loudoun County Board of Supervisors Mayor Umstattd summarized that the letter is asking that Leesburg be kept as a single district, but if it cannot be a single district, any districts that cannot be included be districts that are not currently included. Further, all town precincts should be made up of entirely town residents. Mayor Umstattd stated she really believes it is more to the town's benefit to have two supervisors opposed to one. She stated with a population of over 42,000, there could be two districts where Leesburg residents are the majority of both districts. She stated she is more concerned with split precincts and because this letter embodies the town's objections to having precincts with both in and out of town voters, she will support it. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 b. Linden Hill Access Council Member Reid stated it was his understanding that Council would only reject the proposal from the bank. 18 1 Page COUNCIL MEETING February 8, 2011 Council Member Butler stated the question is do we want to continue pursuing the previous offer. He stated if Council only rejects the offer from the bank, town staff will be required to pursue the previous offer. Council Member Reid made a motion to reject the bank's counter offer and continue with the town's offer of $375,000 for both the first and second notes on the property. The motion was seconded by Mayor Umstattd. Council Member Dunn stated by doing nothing, the town is rejecting the bank's counter offer. Ms. Notar stated she was instructed to draft this motion because it was staffs impression that Council wanted to move to expend no further funds. She stated at the minimum, staff should be directed to reject the bank's offer. Council Member Dunn stated any action other than trying to purchase the property, could actually hurt the neighborhood's values. He stated he supports the motion on the table. Council Member Reid noted that the bank's counter offer plus the second note on the property are substantially more than the comps for the area. The motion failed by the following vote: Aye: Dunn, Reid, and Mayor Umstattd Nay: Butler, Hammler, Martinez and Wright Vote: 3 -4 On a motion by Council Member Butler, seconded by Council Member Hammler, the following was proposed: MOTION I move that the Town Council make no further offers or expend funds to purchase 1 Country Club Drive, Leesburg, Virginia, and further, that no additional efforts or negotiations for the purchase of the property shall occur by Town of Leesburg staff Council Member Butler stated this motion has nothing to do with his enthusiasm to build the access road and is strictly about the house. He stated it does not preclude the town from building the access road. Council Member Hammler stated the process is broken and is taking an inordinate amount of time, so she supports pausing efforts at this time. 191 Page COUNCIL MEETING February 8, 2011 Council Member Martinez stated he has a hard time supporting this motion because it does not mention taking this out of the CIP. Council Members Butler and Hammler accepted an amendment to revise the Capital Improvements Program for the Linden Hill Access Road. Vice Mayor Wright made a motion to amend to: a) eliminate the friendly amendment that was just accepted and b) direct town staff to delete the Linden Hill Access Road in its entirety from the CIP. Vice Mayor Wright stated he cannot support the motion with the friendly amendment as it continues the efforts on the access road. Council Member Dunn stated if the property is purchased at a higher value, that value is then shared by the residents in the community. He stated choosing the alternative of condemnation, it would reduce the value of the property and have an adverse impact on the people on Country Club Drive. He stated the town purchasing the property, putting a road in and maintaining the property until the value picks up, makes for a much better situation than currently. He stated Council made a commitment to the people of Linden Hill to get this project done and Council is now looking for ways to get out. He stated the Council has spent more money on other projects for neighborhoods with fewer homes than they will be spending on this one. Mayor Umstattd stated that directing staff to stop work undermines the Council's resolve to build the access road. Mayor Umstattd stated the access road remains in the CIP and town staff continues to operate under the previously adopted direction to go up to $375,000 to acquire the property. Council Member Dunn made a motion to direct town staff to accept the bank's offer. The motion failed for lack of a second. 16. CLOSED SESSION a. None. The motion failed by the following vote: Aye: Butler, Hammler and Martinez Nay: Dunn, Reid, Wright and Mayor Umstattd Vote: 3 -4 17. COUNCIL COMMENTS Council Member Dunn had no comments. 201 ['age COUNCIL MEETING February 8, 2011 Council Member Reid offered his condolences to the Arundel family on the death of Arthur Arundel and suggested a certificate for the family at an appropriate time. He wished everyone a Happy Valentine's Day. Vice Mayor Wright disclosed the trip to Richmond and meetings with the legislators. He stated his hope that this will allow the town to get back to finding a means of managing the utility fund without the need for attorneys. He thanked town staff that accompanied him. He stated it was a team effort by all of Council. Council Member Martinez thanked those that went to Richmond. He thanked the members of Council that spoke to the Board of Supervisors. He apologized to staff as there were no Council members present at the Form Based Code input meeting that Council asked for. He disclosed a meeting regarding the Loudoun Times Mirror redevelopment project. He commended Council Member Dunn for his dedication to bring his children to the meeting, take them home to put them to bed and then return to the Council meeting. Council Member Hammler stated she tried to get to the Form Based Code meeting, which was very well attended, but it had wrapped up before she arrived. She apologized for not being able to be there for the entire meeting, but felt that speaking to the Board of Supervisors with regards to Senate Bill 1475 was important. She noted that it is a good time to invest in cardio equipment in these tough economic times because it is a stress reliever. She stated her hope that more citizens will get out and enjoy the equipment. She thanked everyone who was involved in the defeat of SB 1475 as it was a team effort. She stated it is time for a positive new beginning and is looking forward to Council opening up an additional slot on the Utility Rate Advisory Committee for someone from the Citizen's for Fair Water Rates group. She stated she is looking forward to everything Council can do in a positive way. She thanked everyone involved with the Cyber security forum held last Saturday. She stated the Technology Commission and the Police Department did a great job with help from Best Buy. She stated that citizens came in with their routers or received information on how to do what needs to be done for security purposes. She stated she reached out to Linden Hill. She thanked everyone who came out to speak on the parking on King Street. She stated she is looking forward to follow -up on that. She stated that she appreciated Stilson's comments. She apologized for her cell phone going off while he was speaking. She stated she liked what he said in terms of kinetic visual images of energy which was echoed by Kennedy Smith when she made her presentation as part of the Downtown Improvement Association's outreach. She stated she was thinking about that today as relates to a similar concept which is public safety often says you should never leave a broken window not fixed and it seems to me that an important tactical thing in the downtown is if there is a vacant window, we should immediately do something to put some kinetic energy in the window to enhance everything around it even while waiting for tenants to turn over. She stated she is looking forward to follow -up with Marantha and the Downtown Improvements Association and, hopefully, Art Squared to get something in there that could be good advertising for things going in and around town. She wished everyone a Happy Valentine's Day. 21I 'age COUNCIL MEETING February 8, 2011 Council Member Butler stated he is disappointed that Council did not pass anything to direct staff with regards to Linden Hill. He disclosed meetings regarding water rates with the representatives from Richmond and with the gentleman from out of town. He stated none of those meetings bore any fruit. He stated he was invited to a meeting with Scott York and Sally Kurtz to talk about water, which was a good opportunity to educate them on Council's position. He asked that the town put more emphasis on enforcing the clearing of sidewalks after snowstorms. Council Member Martinez stated that next week is his 30 wedding anniversary and thanked his wife for putting up with him. 18. MAYOR'S COMMENTS Mayor Umstattd read the Loudoun Country Day School pre- kindergarten and junior kindergarten "If I were the Mayor 19. CLOSED SESSION a. None. 20. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 11:25 p.m. ATTE.': h Clerk of Council 2011 tcmin0208 U tattd, Mayor Town of Leesburg 22 1 Page