HomeMy Public PortalAbout2012_tcmin0110COUNCIL MEETING January 10, 2012
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding
Council Members Present: David Butler, Thomas Dunn, II, Katie Sheldon Hammler,
Fernando "Marty" Martinez, C. Terry Titus, Kevin Wright and Mayor Umstattd.
Council Members Absent: Council Member Dunn arrived at 8:35 p.m.
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Director of Planning and Zoning Susan Berry Hill, Deputy
Director of Planning and Zoning Brian Boucher, Zoning Administrator Chris Murphy,
Senior Planner Michael Watkins, Director of Public Works Tom Mason, Economic
Development Manager Marantha Edwards and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Vice Mayor Wright
3. SALUTE TO THE FLAG: Council Member Butler
4. ROLL CALL: Showing Council Member Dunn arriving at 8:35 p.m.
5. MINUTES
a. Regular Session Minutes of November 29 2011
- On a motion by Council Member Martinez, seconded by Council Member
Butler, the minutes of the November 29 regular session were approved 5 -0 -1 -1
(Titus abstaining /Dunn absent).
b. Work Session Minutes of December 12 2011
On a motion by Council Member Martinez, seconded by Council Member
Butler, the minutes of the December 12 work session were approved 4 -0 -2 -1
(Wright, Titus abstaining /Dunn absent)
C. Regular Session Minutes of December 13 2011
On a motion by Council Member Martinez, seconded by Council Member
Butler, the minutes of the December 13 regular session were approved 5 -0 -1 -1
(Titus abstaining /Dunn absent).
d. ADOPTING THE MEETING AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler, the
meeting agenda was approved as presented by the following vote:
Aye: Butler, Hammler, Martinez, Titus, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
7. PRESENTATIONS
a. Business to Business Video
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Marantha Edwards: Madam Mayor and Members of the Council, welcome Council
Member Titus. I have with me this evening Becky Campbell from Studio Center. I am
here to share with you and unveil our new economic development tool which is a
business to business video. It is a little over seven minutes. On the other side, I will
answer any questions. I do want to preface it by saying I hope you are as excited as I am
about it. I think it tells the best of the best of the Leesburg story on the heels of the
improvements we've made to our land management and development process. It is, I
will preface it by saying it is unscripted. It is a conversation ... conversations about
Leesburg.
I have to say that Studio Center was phenomenal to work with. I thank Becky and that
group. They were a pleasure, as you can see ... the Mason Enterprise Center, it was a
little early in the game; however, the timing was right. We think it tells a good story. As
of tomorrow, we will have it uploaded on our YouTube channel, website, all of the folks
that are mentioned, all of the folks that are featured, hopefully will make those links on
their individual business pages and as a result of this 7 '/a minute video, we will be
creating subchapters so that we will have subchapters on entrepreneurial development,
on some of the major categories so that we will have those and we will be able to share
those with the expanding businesses, the existing businesses and the prospects.
8. PETITIONERS
The petitioner's section was opened at 7:48 p.m.
Sarah Howard O'Brien: My Name is Sarah Howard O'Brien and I am with Loudoun
County Schools. Our address is 21000 Education Court in Ashburn Virginia. I am here
this evening to speak on the item on your agenda which I believe is item number 12,
which relates to a requested proffer amendment relating to previously proffered funding
for schools for capital facilities. I would like to note that Sam Adamo who is the
director of Planning and Legislative Services. I work for Sam. He is unable to attend
and address you personally this evening because of a school board meeting tonight. The
remarks that we would like to place on the record is to ask you to please maintain the
proffer that provides for school capital facilities funding. Now, that was the intent of the
original proffer and it is very important for us to maintain those funds. I am sure, as you
know, wrestling with budgets that public funding for facilities is difficult to come by.
We would like to see those funds maintained. In particular with Leesburg, we have a
number of facilities, school facilities, in the town that are older that are going to be
needing renovations. For example, the Catoctin Elementary School is a good example
of that. So, if you need additional information from us, we will be happy to provide it.
We do appreciate your time and your consideration. We just ask that you keep those
funds for us so that we can continue to provide good schools.
Rodion Iwanczuk: Loudoun County Planning Department, 1 Harrison Street, SE,
Leesburg, Virginia. I was watching the work session last night and there were a couple
of questions that were posed to town staff. I think I may have a couple of answers for
you. This is regarding the Village at Leesburg rezoning application TLZM 2010 -0003.
Noting the provisions suggested by staff for proffer ten, which was clarified to ensure
payment by the applicant for the annexation area development policies defined public
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facilities contribution. Councilman Titus, you had a specific question regarding the
expiration of the annexation area development policies which were crafted under the
1983 annexation agreement between the town and the county. The town's position is
that the agreement expired in 2009. The county staff's position acknowledges the end of
the moratorium on seeking city status, but notes that there was a provision in the
annexation agreement that precludes the county from taking certain action
through... until 2014. Staff analyzing the annexation agreement can't really... it's
difficult at best to read the annexation agreement without referring to the policies
established, the AADPs as it were. They were established under the annexation
agreement. For instance, they establish a joint committee to ... through the policies that
review the annexation agreement and the policies and provide a forum for discussion of
any issues that may arise under the annexation agreement and it's under this 2014 date
in the annexation agreement that the county staff would maintain that the AADPs are
still in effect. With that clarification, that staff has offered to the proffers, that the public
facilities contribution still be made, county staff is still supportive of the application.
Regarding the additional proffer ten revision requested for school capital facility
payments, a credit against regional transportation improvements, you also noted last
night that you had spoken with Mr. Merrithew of the planning department and he
pointed out that several times the Board of Supervisors has granted a credit. That would
be on the board's own action against county staff recommendation. Under the proffer
guidelines that county staff uses, when it is done it is done on a case by case basis by the
board and also as part of original rezoning, not several years after the fact. This proffer
was made in the original rezoning. It is a voluntary contribution as was pointed out in
the public hearing in December. Per the applicant's January 5, 2012 letter about the age
restricted units not generating school children, in the proffer it notes of the 300 such
units, south of Russell Branch Parkway, only 80% are so restricted leaving 20% or
approximately 60 units that aren't restricted to not having any school children under the
age of 18. So, we support town staff continuing to recommend that the school capital
facilities proffer remain. Thank you.
Milt Herd: Madam Mayor and Members of Council. Happy New Year. Particularly,
welcome Mr. Titus. Nice to see you here. I am Milton Herd, 303 Riding Trail Court.
As you know, I am a member of the steering committee for the form based code and
although I am not here to speak on their behalf, I think what I will say would be
something they would generally support because we did reach pretty broad agreement
among the committee members in terms of our recommendations to the Council about
the code. I'm really an enthusiastic supporter of form based code. I have studied it at
the Form Based Code Institute in Alexandria. As a consultant, I have prepared several
form based codes for other localities in Virginia and I have taught form based codes as
an adjunct professor at the University of Virginia. All that experience has lead me to
believe that it really is an important tool for most localities... nearly every locality so I
commend you all for your patience, your commitment and dedication to grinding
through this thing for these last few years. You have been very determined and I really
am happy to see you continuing to move forward. I am here tonight to urge you to
move forward with the hybrid version of this form based code and while it is not the
perfect ideal textbook version of the form based code, I think it's very good for the town
at this point in time because it does several things. It retains the essential elements that
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are important for a form based code, that is ensuring that buildings are close to the
street, that parking is behind the buildings and that you have this interconnected street
network of small blocks. Those are the key things. It does that. It also is actually better
than the code you adopted last year in that it expands the area of application because it
uses the B -2 and that is closer, more in keeping with the crescent district master plan,
which is the whole point of this. It also does a very clever thing, which I think sort of
hits the sweet spot for this moment in time for Leesburg, and that is it doesn't rely on the
conventional regulating plan as a rigid guide. Rather, it uses the comprehensive plan
road net as a general guide for the location of roads and buildings. I think that's good
because it gets you over the hump of the uncertainty and sort of the concern and risk that
the council and some of the staff felt that the rigid regulating plan would bring about.
So, I think it's a really clever and practical solution, although I think it's really essential
that you not only go forward with the version that the staff brought to you, but also you
include the recommendations that the steering committee made because those were very
important for making sure it is feasible from an economic standpoint. I think that's a
whole package that I urge you to go forward with. I would commend the staff,
particularly the planning staff for responding to your concerns from last November.
They have wrestled hard with this and they have been balancing multiple viewpoints,
not only among council, but also internally with the staff. I think they really have sort of
hit the sweet spot here if you add in the committee's recommendations. I really share
some of the concerns that Mr. Butler expressed last night. I too am frustrated. He made
some valid points. I really sympathize with his frustration, but again, I think this ends
up being a win /win. I think some of his concerns, particularly about the regulating plan
and how it is applied through the site plan process can be resolved with some refinement
of the language and I think your staff can do that. Also, I think your concerns, Madam
Mayor, about the heights can be resolved with some additional language. There is lots
of tools to mitigate the perceived impact of building heights. You, yourself said last
night that you would like to see the expansion of the fabric and character of the historic
downtown to the crescent district. That is what this is all about. We can do that if you
go forward with the hybrid code with the steering committee recommendations, so I
urge you to do that. Thanks again for all your hard work on this.
The petitioner's section was closed at 7:59 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following items were moved for approval as part of the Consent Agenda:
a. Additional Streets for Virginia Department of Transportation (VDOT)
Maintenance
RESOLUTION 2012 -002
Requesting the Virginia Department of Transportation (VDOT) to Accept
Certain Streets
b. Initiating an Amendment to the Town Code — Calculation of Personal
Property Tax
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MOTION 2012 -001
I move that Council authorize Town staff to initiate an amendment to the
Leesburg Town Code related to the calculation of taxes for vehicles
tangible personal property tax relief
C. Accenting the Public Improvements Releasing the Performance
Guarantee and Approving a Maintenance Guarantee for Dulles
Greenway- Battlefield Parkway Interchange — TLPF 2005 -0015
RESOLUTION 2012 -003
Accepting the Public Improvements, Releasing the Performance
Guarantee and Approving a Maintenance Guarantee for Dulles
Greenway - Battlefield Parkway Interchange — TLPF 2005 -0015
d. Amending the Council Calendar to add a Regular Session Meeting
February 27, 2012
RESOLUTION 2012 -004
Amending the Council Calendar to Add a Regular Session Meeting
Preceding the February 27, 2012 Work Session
e. License Agreement Between the Town of Leesburg and Shirley Pearson
for Town Owned Property
RESOLUTION 2012 -005
To Authorize the Town Manager to Execute a License Agreement
Between the Town and Shirley Pearson for Town -Owned Property as Part
of the Downtown Improvement Project
The Consent Agenda was approved by the following vote:
Aye: Butler, Hammler, Martinez, Titus, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
10. PUBLIC HEARINGS
a. None.
11. RESOLUTIONS AND MOTIONS
a. Form Based Code
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the
following was proposed:
RESOLUTION2012 -006
To Initiate an Ordinance to Defer the Effective Date of Ordinance 2011 -0 -004, the
Official Zoning Map and Zoning Ordinance for the Crescent Form Based District
to a Date on or before July 31, 2013, to Continue to Develop Ordinance
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Amendments for the Crescent Form -Based District or a Variation thereof, and
Implement a New Work Schedule with Stakeholder Involvement
Martinez: I, like Dave, share his frustration on the form based code and how we are
moving down to the hybrid lite. I know one of the things that I get frustrated with this
council is we are always changing our direction in midstream. That gets frustrating but I
do understand the need that we do not have a clear consensus in which direction we are
going to go. We need that if we want this to work. The reason I went ahead and moved
the resolution is so that we have some time to formulate a direction. I just don't want it
to take another four years.
Wright: I would echo a lot of what Marty said. I would ask for one clarification that
seems to be implied here is that what we will do ... one, we need to take care of the
housekeeping item, which does not have the current code automatically go into effect on
March 1, on a date we won't be ready for it. I also understand we weren't quite sure
what we were going to do. This is also allowing us the time to figure out what we are
going to do to either work to implement the current code or work to implement the
hybrid code and have a set of additional work sessions on those items to that effect.
With that clarification, and I am seeing head nodding, it works. So, with that, I think
this gives us the benefit of time. One other thing is to note ... I think at every one of the
steering committee meetings is the timeline for when we want to do this is one we have
right. We don't want to force something through and have it not be ready and cause
more of an adverse reaction when we are working to create this to create a benefit. We
do want to find ... and I am going to steal your phrase and do it repeatedly. We want to
find that sweet spot that is a win /win for both the town and the community. I think
providing ourselves the benefit of time makes sense.
Hammier: Just wanted to say thank you again to staff for bringing back an excellent
report on the hybrid approach last night. I thought it was an excellent discussion. I very
much encourage the entire business community in Leesburg and those who would be
willing to invest in Leesburg to get involved in the further stakeholder discussions.
That's the sort of feedback that I will be looking for as a Council Member and want us to
stay on a timeline to bring this back at the appropriate time but absolutely agree that this
particular date needs to be extended so I will be supporting the resolution tonight.
Titus: (inaudible) ... I mean I hope the Council is going to be open to suggestions about
form based code and how it is implemented versus B -2. I know you all have been
through that before but I have some questions that I don't have an answer to, but we will
get to that someday.
Mayor: I am going to ask for a very minor friendly amendment. I would like to suggest
that we add one comma into Section 2, line 3 and the comma would go after prior date
and before the clause "if so enacted by the Leesburg Town Council ". Marty and Kevin,
can you accept that as a friendly amendment?
Martinez: Yes. I would have preferred a semicolon, but I'll take the comma. I really am
glad Terry mentioned the fact about the schedule and that we need to have something
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set up as soon as possible. Something we all can work with and live by. Terry, I will say
that one of the things this Council does is accept a lot of feedback. Unfortunately,
sometimes we react too much to it. We are open and we do get a lot of information
given to us. One of the things that you said last night, Terry, that really struck home
with me is that we should be taking public input but we should also understand that
sometimes the public doesn't have the information we have and is not as technical.
They are working more on emotion and feeling than they are on the actual technical
aspects of what we are doing so we have to take that into consideration. So, what I
would like to do in the schedule, if there are interested people, property
owners /businesses that want to get more information on form based code hybrid, maybe
we offer a seminar or two between now and 2013, invite the public in and say this is
what this is about. This is what we are trying to achieve. Actually, it helps deregulate
some of the stuff we are doing and makes it easier, not just for the developer, but it gives
us an ability to have the look and feel of the downtown expand outward, so I would
think that is something we might want to think about introducing... a couple of seminars
that give our public an opportunity to become educated on what we are trying to do.
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Titus, Wright and Mayor Umstaud
Nay: None
Vote: 6-0-1 (Dunn absent)
12. ORDINANCES
a. TLZM 2010 -0003 Village at Leesburg Concept Plan and Proffer
Amendment
On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the
following was proposed:
ORDINANCE 2012 -0 -001
Approving Concept Plan and Proffer Amendment TLZM2010 -0003 Village at
Leesburg, Amending TLZM2009 -0008 to Allow an Increase in Density for Office
and Retail Uses within Landbays A and B, and to Revise the Layout of Buildings
Q and X, Permit Accessory Retail Uses within Buildings CC, DD, and EE and to
Revise Certain Proffers of the Village at Leesburg, Located at Crosstrail Boulevard
and Russell Branch Parkway
Wright: There is a lot about this that is probably not ideal and some in fact goes all the
way back to the initial language including when we were debating this in December. I
read this at one time and I came to one conclusion and then I read it again and I reached
a different conclusion. If we go back to the facts of the case, if you will, town staff had a
similar reaction. Unfortunately both those reactions were in writing, which does create
some challenges for us with the applicant. If you set the technicality aside, we do also
have some of the new events and the new information. We do have a new application
where they are making updates to the concept plan to make the project viable. We do
have the new information about the cost impact of the changes that were required by
VDOT to accommodate the interchange that were above and beyond the requirements
of the developer particularly with the sound wall. We do also have the fact that the
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current area that they have built out is 100% occupied as far as residential and has
generated six school kids so indicates the tax revenue that is being generated, the AADP
proffers that have come in and the substantial regional transportation improvements that
were built up front by this project, the overall proffer package continues to be fair to the
town residents.
Martinez: When we did this proffer, or when we did this application, we negotiated
with the applicant, we asked for a lot and we got more than we asked for especially
when you talk about the overpass. You talk about ... they worked with Holiday Inn at
our request to accommodate them and the exits. They have done the sound wall. They
got rid of our signals. They have done a lot now. All things being equal, they are going
to make their profit. But unfortunately, things aren't equal. Unfortunately the economy
went down the toilet. Everybody lost. Their vacancy rate at the office buildings is at an
all time high. We got Village at Leesburg and the applicants are hurting. I don't
think... one of the things I want to stress, though, is that I have been involved in schools.
I have been part of the PTAs, Heritage High School... anybody can tell you that I believe
in our school system and I believe in supporting it as much as possible, but it's a Catch
22. If we don't have the tax revenues from a project as large as this applicant's, we are
not going to be able to help anybody. So, what I am looking at... one, as Kevin says,
they have done far more for our transportation in that quadrant than I have ever seen
any developer do. They did it with an expectation. We approved it with an expectation
and unfortunately those expectations are not met. I think that if we want to be business
friendly, business friendly isn't just helping the application process along, but it's also
meaning to try to find some way to help our businesses survive and help keep the
creditors at bay. I look at this as an opportunity that we now have a chance to put our
money where our mouth is. If we want this applicant to survive and we want him to
keep going, this is one of the steps we can take to help him out. Believe me, when I
came on Council and we started negotiating proffers and stuff, I have always told the
developers, I have always told the applicants that my goal on Council is to never leave
anything on the table, that we get everything we can possibly get from them and they are
happy enough to continue with the development. In this case, I think we got more than
we ever expected. For that, I am grateful and for that I am willing to look at this
amendment and what really helps is when they are willing to indemnify us and work
with us on the litigation, it is kind of like a no risk. I know that there are others that are
saying we are still going to be losing money. We are county residents and that is tax
revenue that we are going to lose, well when you look at what we gained above and
beyond what we had, the whole transportation improvements even if we do approve this
resolution, we have still gained. We are still at a plus, from what I have looked at.
Butler: I may have missed it at the beginning, but where is Council Member Dunn?
Mayor: He had a meeting in Fairfax at 7:15, so he is running late and we don't have an
update.
Butler: Alright, that's unfortunate. I am going to do something that I don't really want
to do, but I think it's fair. Tom showed a lot of enthusiasm for this last night and I think
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he should be here for the vote. I'd like to move that we table this until the next Council
meeting where we can have all seven members.
Mayor: Alright. Is there a second? I will second the motion to table. It's non -
debatable.
The motion to table or defer to the next Council Meeting failed by the following vote:
Aye: Butler, Titus and Mayor Umstattd
Nay: Hammler, Martinez, and Wright
Vote: 3 -3
Butler: Well this is a difficult decision for me. It is very easy to play politics with this
one way or the other but I think that I am in favor of this resolution and the reason is
two -fold. One is that as Council Member Martinez pointed out, we did ask for a lot in
2005. I think Council Member Hammler was very instrumental in ensuring that the
town got the best deal that they could in these proffers and it was excellent. In fact, it is
something that I have criticized the County myself on a few occasions of not getting
anywhere near the level of proffers that we were able to get and I say that not as trying to
get what we can out of developers, but I think it was getting our fair share has always
been a mantra. I think we did in this case, in fact we got more than our fair share. I
think what tipped it for me was that this intersection that they built with some
encouragement by VDOT, they added more land to the intersection so that in the future
when the intersection gets clogged, we can put in loops there and increase the traffic
flow. I think that's something that is good for the town that they didn't have to do that
happened. It is unfortunate that we are in this position, but the other thing I am struck
by is I think there is a reasonable interpretation in both directions on this, that staff has
one interpretation and the applicant has another interpretation and it is not entirely clear
to me which interpretation is valid and going to court to decide this, I am not sure is in
anybody's best interest. Although, if that was the only consideration, I certainly would
not have been willing to do that in the past, but given the fact that I do believe the
applicant has provided us more than what was required in the proffers and the amount
that was more than was required is more than the relief that they are getting. Since
that's the case, I feel comfortable moving forward. So, at any rate, that's enough.
Thanks.
Hammler: Well, I appreciate your heartfelt comments. I was actually going to very
quickly move that we actually not accept this based on the fact that there is failure to
comply with the town regarding the school capital facilities contribution with the
existing proffer. I do and frequently cite this particular development as one of the great
success stories in Leesburg and I will frequently compare it, quite frankly to the fact that
when Fredericksburg was trying to attract Wegman's down there, they literally relieved
them of BPOL taxes for over 10 years in order to bring them to Fredericksburg. But to
the extent that this Council accepted what was a voluntary proffer in 2005 in which
specific funds were dedicated that were going to be allocated in this case, where we differ
in opinion on the dais, towards school capital facilities, it is absolutely critical as a
representative of our residents that we continue to not change that in hindsight anymore
than quite frankly if they had come forward saying oh, by the way we are not making
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the profit margin that in early years we expected to ... can we please have the BPOL
taxes ... you know kind of renegotiate the BPOL taxes ala Fredericksburg. I wouldn't
expect the Fredericksburg City Council to do that either. So, one it's voluntary. When I
think about how I would articulate to our residents in Old Waterford Knoll, in Exeter,
on Plaza Street that the money ... the $2.6 million that could otherwise go to town
elementary schools, in this case having talked to Dr. Adamo, to improve the capital
facilities of some of the oldest elementary schools in the county, and that those funds
would have been allocated towards full day kindergarten and building capital facilities to
allow full day kindergarten for children on Plaza Street, I don't know how we would
articulate that to our residents that oh, by the way, we are the town not the county and
schools are not a town responsibility. So, that was quite frankly something that we were
willing to let them off the hook for even though it was an original voluntary
contribution. Then, I think about the fact that state wide the Virginia Municipal League
has been working for over a year and literally brought in a key note speaker to
emphasize how critical early childhood education is in terms of the importance for not
just cities, it wasn't that they directed this program and the key note to just cities. It was
to cities and towns. If you are going to do anything, municipalities, invest in early
childhood education. Invest in your schools and what we are essentially saying on the
dais if we essentially vote for this, the way this is worded tonight, to approve amending
the original voluntary proffer is it's okay ... that $2.6 million that you did volunteer that
was going to go to our elementary schools in Leesburg, it can go back to ultimately
improving your profit margin in the early years and again, I am the first to say that it's a
wonderful development. We love the amenities there. But this is not a Wolf Furniture
issue. This is not a question of they are going to leave. This is not a question of
bankruptcy. We have asked those questions. We love the amenities. We want to be as
flexible and business friendly as possible with the accessory uses. We asked to please
separate the question relative to the concept plan. That was not something that the
developer was willing to do, so now it is all bundled together and what we are essentially
going to be saying is that $2.6 million that are going to otherwise be going to our
Leesburg schools, we are no longer ... we don't want that money anymore even though
you had volunteered it earlier and now it's in front of us and technically we have the
legislative ability to do that. I would prefer that this move forward relative to we had
zoning oversight relative to our interpretation of the original proffers and I stand by
town staff relative to their interpretation. So, in closing, I know I have counted heads
and I have certainly made my phone calls and I sincerely appreciate my colleagues and
where they are coming from in terms of ultimately off - setting the transportation
infrastructure investment. I am the first to say, again, that it was an enormous amount
of money that was allocated to that intersection, $225 million, but that's what I expected
when I voted for it in 2005. I was actually ... I tried hard to get that fourth vote because I
knew it was an unprecedented amount of money for an intersection and that we were
under so much pressure to put town taxpayer money into transportation. I was
pleasantly surprised when it passed but I am also unpleasantly surprised that now that
the original proffer was worded in such a way that we did have contributions to
Leesburg schools that ultimately we will no longer have that and our town taxpayers are
county taxpayers.
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Titus: It has been a very difficult issue for me but looking back at how it happened and
the Board policies, the Board of Supervisor policies, the AADPs, I am going to support
the resolution and the main reason is the fairness issue. I think this is a fair solution to
the town got significant intersection changes to an interchange and lots of other
improvements in there that would not have been required by the development itself.
Not to say that I am not sympathetic to the school system. I am sympathetic to the
school system, but I think this is pretty obvious that there has been a lot of money spent
in development of this project for matters that the town of Leesburg would really benefit
from. As I said last night, it would be hard to imagine what that intersection would look
like, if the interchange was not there. So, I intend to support the resolution.
Mayor: Thanks, Terry. Sadly, I will be joining Katie on this vote. It is a wonderful ... it
is a beautiful project. It has many, many benefits to it; however, just because the
apartments are not generating school children today, doesn't mean they won't be
generating school children five years from now and as we have seen at other apartment
complexes in Leesburg, sometimes with our changing demographics apartments are
generating more school children than single family homes so we can't assume that
Village at Leesburg will never generate more than the current nine school children. It
could be generating 100 or more at some point a couple of years down the road. The
Loudoun County position on the interchange, which is an absolutely beautiful
interchange is that interchange was necessary for the success of the project. The
elegance of that bridge, I think, was instrumental in bringing some high quality
businesses to the Village at Leesburg. If it had not been built, I am not sure that
Wegman's or any other high quality businesses would have wanted to move in there.
The Town, I think wisely, though some would disagree, and I supported this change,
fought hard to make sure that was a diamond interchange and not a cloverleaf because a
cloverleaf would have taken out of commission about seven acres per leaf of the
cloverleaf, so the developer was able to develop at a higher density than would have
been the case if the town hadn't worked hard to enable that intersection to go forward as
a diamond. You can always say that we would be more successful if we don't have to
pay the $2.6 million that were originally proffered, but there are other arguments to
promote the success of a project including office space rent being one and rents are not
under the town's control, but if it is rents that need to be adjusted in order to bring more
office users in, that is something that can be done by the owner of the project at any
point down the road and if it isn't done and the project continues to perhaps not do as
well as it could, then I don't know if we are going to be asked to do something else at
our taxpayer's expense. At the last meeting, a couple of us had requested that the
applicant look at dividing the issues because some of us, and I think Katie would join me
in this, would like to be able to vote for the additional uses that have been requested and
I would have loved to have seen division of that issue from this proffer issue, but the
applicant as it proves wisely because you are going to get your approval tonight, decided
to bundle the two together but I don't think they should have been bundled. Having said
that, regretfully...
Hammler: Madam Mayor, excuse me for interrupting. Excuse me if I am out of order
for Robert's Rules, but I would like to try again to table the motion.
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COUNCIL MEETING January 10, 2012
Mayor: Alright, is it to table or to defer? Do you want to table it to another time?
Hammler: Ideally, I would like to defer it and I didn't know if I would have comments
based on tabling not allowing comments, but I would like to defer quite frankly until
_. after the special election, but specifically to allow time ... we have not invited the school
administrative officials in to really answer, I think, sufficiently town council questions
relative to directing funds within the town boundaries. This is not a school system issue.
It is a Leesburg child issue and also it ties into discussions with the county relative to the
annexation committee being reinitiated given what we are doing with the Board of
Supervisors. So, I'd like to table it to a future meeting to a date yet to be determined.
Mayor: Is there a second? For purposes of the vote, I will second Katie's motion to
table.
The motion to table failed by the following vote:
Aye: Hammler and Mayor Umstaud
Nay: Butler, Martinez, Titus, and Wright
Vote: 2 -4
Mayor: Gentlemen, I am very pleased with your project. I hope the move to alternate
uses works well for you. I think that you deserve to have the additional uses, I just wish
that these two issues, the $2.6 million in school proffers and the additional uses hadn't
been bundled but I am going to turn it over to Kevin for final. remarks.
Wright: I think I would agree with everybody up here that we would love for this issue
not to be on our agenda and not have to debate this. Politically, there is no upside to
this as there are a lot of facts that we can do our very best to explain but Joe and Jane
Public will say it was $2.7 and now it's nothing ... good move guys. The other facts that
are there is there is an ambiguity in the proffer language that based on how you might
read it, the applicant's read of that proffer language is that in as much as the county is
willing to grant credits and that the Board of Supervisors has granted credits for regional
road improvements and for age restricted facilities, then so should the town. That was
not very cleanly worded and thus, we found ourselves in this situation. We have some
administrative issues that have also impinged the collection of these proffer dollars.
There were no proffer dollars in the town's possession that are being returned to anyone
and that provides additional uncertainty. I do highlight the other point and the Mayor
and I will respectfully disagree ... I would have expected the number of kids to be higher
than it is today where it is currently nine. I would not expect that the ... the
demographics of that development to change such ... the demographics that development
is likely to attract to change such that it would fundamentally change the amount of
school kids generated and I would say as far as the applicant offsetting their impacts for
capital facilities there are the AADP dollars. There is also the tax dollars that were
saved on the transportation improvements. Anyone would agree that $2.6 million as a
capital facility cost for nine school kids is fairly steep. I would clarify those are capital
facilities dollars and capital facilities dollars do not fund all day kindergarten. Fair
enough, they are not going to fund all day kindergarten. Finally, I would caution the
applicant or other applicants, there is a wide range of unique circumstances in the
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COUNCIL MEETING January 10, 2012
current mandates. We are all mindful that many may see it as coming in for a change in
density, possibly a change of use. You may expect to have the same proffer guideline
discussions as relates to (inaudible).
Council Member Dunn arrived at 8:36 p.m.
Dunn: Let me just read this real quick.
Mayor: I don't think you will find anything disagreeable to you in it.
The ordinance was approved by the following vote:
Aye: Butler, Dunn, Martinez, Titus, and Wright
Nay: Hammler and Mayor Umstaud
Vote: 5 -2
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
15. COUNCIL COMN[ENTS
Council Member Butler: First, I would like to welcome Terry here. Great
addition to the council, even if it turns out to be temporary. Glad you are here. The
only downside is now I have to find somebody to replace him on the URAC, which is
not the most fun task I'll have because it has been tough to find people in the first place.
I have two disclosures. One is did talk with Mike Banzhaf and the other representatives
of the Village at Leesburg about this application. I also talked with Andy Shuckra from
Keane about a special exception for a gas station in Oaklawn. Had fun singing
Christmas carols on the Courthouse lawn just before Christmas. That was good. We
had a number of people that came out and we were all well behaved, which is good. I
also want to wish everyone a happy new year. I did want to mention, John, that I think
October 8, we might want to cancel the work session that day or combine it with the
next day... it's Columbus Day, so we run into the same issue that we did in the past year.
So, that's just something to take into account. I will not be here July 23 and 24. You
can tell I was just going through my calendar this year. I will be in Ireland. My wife is
singing at St. Patrick's Cathedral all week. There is a group that ... in the summer the
regular choir takes off so they invite other choirs from around the world to come in and
basically they do all the services there for the entire week. Rumor has it that there is a
pub right next door to the cathedral, so when Pam is singing, I may have something to
do. Want everyone to root for my Syracuse Orangemen. They are 17 -0. They have
been number one in the country for five weeks in college basketball and that's all a good
thing. Last but not least, I would like to do a shout out to Tunis Campbell who owns a
used car place around near the corner of Davis and King Street. The reason why he gets
a shout out is because his daughter owns a limo that is there and she uses infrequently
and my son's birthday is today and he allowed us to come down there and tour the limo
and take pictures with my son in the limo, using the phone in there and everything else.
13 1
COUNCIL MEETING January 10, 2012
So, he had a great time. The only scary thing about the whole thing is that I now have a
teenager living in my house. So, by all accounts, this is the beginning of a potentially
scary period, but I am sure that everything will be fine. Thanks.
Council Member Hammler: Well, Happy Birthday to your son. That's
wonderful. Just a couple quick things. I too, wanted to disclose that I had a
conversation with Mike Banzhaf, it was over the phone this afternoon. Welcome, Terry.
I appreciate all your time, dedication and willingness to get involved over the next
couple of months. I am really looking forward to working with you and looking forward
to all again, all your expertise on URAC as we start tackling that issue as well. I also
wanted to once again thank everyone who submitted their resumes for the temporary
position that we appointed until the special election and just urge everyone to find ways
to get involved in the town. Different boards and commission and any other ideas you
have. Look forward to the special election coming up so we can fill that seat properly
from an elected perspective. Couple of other quick things... wanted to thank staff and
celebrate Battlefield opening. This is our first meeting since we officially got together on
that cold morning before we all dashed away for the holidays on the 17t' of December,
so many friends, neighbors and citizens have come forward just telling me how much
they really appreciate being able to continue to drive down Battlefield, so that's a great
success. I wanted to say thank you to the Claude Moore Foundation. I was just reading
about all the wonderful non - profits. Certainly the ones in town that they are funding,
which is a fantastic partnership and helps facilitate the services available to our citizens.
Loudoun Youth, ARC, Loudoun Cares, the Loudoun Literacy Council, so some
wonderful non - profits have benefited from their generosity. A couple of other final
things ... one I just wanted to see if necessary, John, do we need to send another letter to
the Board of Supervisors requesting our meeting so that we can ask them about
commencing the annexation joint committee again, the Balch Library discussions, PEG
programming, we know is top front and center. I know that a couple of folks have
mentioned ... I think that must have gotten lost in all the many things they are meeting
over. So, we want to put that in the top of the in pile. And, second to last, I was
disappointed to hear that Moses has resigned as head tennis pro. I know a number of
very active tennis folks are considering this an opportunity to give a lot of feedback back
to the town in terms of things they would like see in terms of programming and the
overall situation there, so we will very much miss Moses, but hopefully we will turn this
lemon into lemonade and look forward to some great community input during this next
stage. In closing, happy new year.
Council Member Martinez: I also want to extend welcome to Terry. Glad to see
you here. John, I am going to always for the next to whenever we get it done, start
pinging on bus shelters for the winter. We have been very fortunate. It hasn't been a
very cold winter, but we need some bus shelters along King Street and Market for our
residents. Disclosure, I did talk with Mike Banzhaf on the discussions that we had
tonight. The BCS game last night wasn't a very good one. It wasn't very competitive
and I was disappointed. I was looking for a better fight, but congratulations to Alabama.
I also want to say a shout out to my daughter, who is finishing up her comprehensive
doctorate program for doctor of physical therapy. Her last internship is in Baltimore at
Johns Hopkins. When she is done with that, she is done with school and she has to
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COUNCIL MEETING January 10, 2012
worry about a job. But it has been a full three years of a lot of work and she is finally
seeing the light at the end of the tunnel. I am really happy for her and proud of her that
she is doing this. As I always say, it's never too early for baseball. I want you to know
that I had my first men's baseball team meeting so I need any 35 and over baseball
wannabes who want to come out and join us old men. You are more than welcome to.
I also signed up my grandson and me to Babe Ruth. So we are going to be doing Babe
Ruth again. Dave, is it too early for baseball?
Butler: Never too early for baseball.
Martinez: Never too early. Waiting for the National's draft to see who they are going to
get and all the spring training and trading and all that other good stuff. I would also
close wishing everybody, and us, a safe and happy new year.
Vice Mayor Wright: Will join in all the official welcoming to Terry. I'm glad that
you are willing to serve on the Council. I think when I first congratulated him I said I
don't know if it's congratulations or condolences on the prospect. We appreciate your
service to the town. On disclosures, I did meet with representatives from the Village at
Leesburg. The only other comment I'll add since I don't have a mike is I will echo the
comments on Battlefield Parkway. Really kudos to Renee and the entire team. They
really did exceed expectations. There were a lot of those in the area that felt that we
weren't going to hit the deadline. Not only did we hit it, but I think in the opinion of
most, Renee will say we hit it because there were minor tweaks and punch list items that
were still being done up to the end of the project date, but getting that roadway
functional and open prior to Black Friday was a huge benefit to that quadrant of town
and the effort that was done to make that project work and get that road open and viable
is great credit to our town.
Council Member Titus: First, I want to thank the Council for my appointment to
this Council. It's something that I toyed with for a long time and said well this
opportunity came up and I'll try it. It brings back a lot of good memories. When I was
in the Council earlier on and the Planning Commission and the Board of Architectural
Review and I can't tell you how much that film reminded me of some of the things that
happened and were going on when I was a kid and you could walk down the street and
you wouldn't get run over by anybody necessarily. I intend to do what I can to protect
the downtown and keep it as best I can. My disclosure is I had discussions on the
previous issue with Mr. Banzhaf. I would like, if we can, to get Ms. Irby to give us an
opinion on the AADPs. Obviously, there is a difference of opinion and my
understanding was they run out after 25 years, but maybe they don't run out after 25
years. I need some guidance. If we are going to play hardball with the county or
whoever, we need to know where we stand. I will say this, if I am here when Landbay
C comes, I intend to get some of these issues that were up in the air straightened out. I
think it's bad to have got in that kind of position and I think it could be done a little
better. John and I have talked about lessons learned and those kinds of things and I
think we can work on those issues. In addition, I am most anxious to get the schedule
for the form based code #2, so that at least I can know what is going on. Last but not
least, I can report to you all that my favorite project, the Wage Ann Storm Sewer
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COUNCIL MEETING January 10, 2012
construction continues. John and I have a little wager about when it will be finished and
I have to say this. I have moved the date twice in his favor. I'm not sure I'm still not
going to win.
Council Member Dunn: Well, Terry, those fond memories you have, we will
take care of those. My condolences. No, it's good to have you here. I look forward to
working with you. I, too, spoke with Mr. Banzhaf about the Village at Leesburg over
the last couple of days and I appreciate everyone's patience and my great tardiness
tonight. I did not like having to go down to Fairfax Station, which I left by the way at
7:50 and got here at 8:30.
Hammler: Tom, I have to tell you. Dave tried to postpone the vote for you. He wanted
you to be here for the vote, so you have him to thank.
Dunn: Well, good. Thank you. I am sure the applicant has Dave to thank, but it
sounds like they were doing just fine without me. Thank you. That's all I have.
15. MAYOR'S COMN [ENTS
Happy Birthday, Alex. Terry, it's great to have you here. I really appreciate your
perspective and your commitment to Leesburg. You are very kind to have taken this
responsibility on. Then, I would like to disclose that I met with Oaklawn
representatives, Brian Cullen and Andy Shuckra about their proposal for going forward
with the gas station that they had envisioned in that community. We have a closed
session, after I turn this over to John for any comments he might have. We do have
three items on closed session tonight.
16. MANAGER'S COMMENTS
Madam Mayor, very briefly. First, I wanted to provide a response to Mr.
Martinez' request. I have been working since he asked for the bus shelter update and I
am pleased to give you a quick update. There are three bus shelters that are actively
under construction or ready to be constructed at the current time in the town. Those are
the North Street project, which puts the bus shelter at the senior center over on North
Street. The pad has already been laid and I believe they are working through the final
approvals on that. If you have seen the construction of the shelters, they are fairly
modular, so they go up fairly quickly. So, I would expect that to be happening fairly
soon. Second one is located at the free clinic at the entrance to the old Loudoun
Hospital. The third one, that is being worked on is at the Douglass Community Center.
Those are the three active ones. There was a memo a few years ago that identified a
longer list of potential shelters. There has been some staff turnover both at the town
level and at VRTA and the two people who had worked on that directly are not here so
we are going back working with them. There may have been progress on some of those
other sites. Obviously, in some cases property owners have to be willing to turn over
easements. Those three I know are active and imminent. I'll track the other ones down.
I know the one that you mentioned that was specifically looked at was the one at Rite
Aid. I know that was high on the list and I am not sure...
Martinez: And South Street and King right by the walking trail.
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COUNCIL MEETING January 10, 2012
Wells: There is a fairly long list of other potential sites. I am going to run them all
down, but we did want to find out which ones are most imminent. I'll give the Council
a complete update of all of the sites. I know Council Member Butler was also interested.
Martinez: John, if I might add, I think I would like to set up maybe a working session
sometime when we can to talk about the bus routes and talk about maybe doing a
comprehensive study on bus routes and how we can get from point A to point B. The
reason I say this is there was a resident that I know of who lives over by Westpark that
wanted to go to Wegman's but she had to go to Ashburn to go to Wegman's and that
would have taken her three hours by bus. It should be a simple get on a bus, maybe do
one transfer to get to Wegman's and back and I don't know what the expected amount
of time would take to get there, but three hours is a little much to sit on a bus one way.
Butler: I just want to say, John, to help you out ... the discussion that we had with VRT
was the first meeting in July 2010 and that came up with a list and Rite Aid was the
number one item on the list, so getting status of that one would be helpful.
Dunn: How `bout them Broncos?
Wells: One last thing I did want to mention, first in terms of Mr. Titus' and my wager,
the result does not require me to dress up and walk in a parade. So, I think I have
figured that out. That is not a good thing for me to do. And in response to Mr. Dunn, I
am counting down the days to spring training looking forward to the Pirates having a
winning season this year after 20 years. So, just to flag for everybody, there is an email
from Lee Ann earlier today that highlights the location for the Volunteer Fire
Department banquet and the Rescue Squad ... it's both. It is at the Double Tree Hotel
near the Dulles Town Center. It is on Atlantic Boulevard. The directions are enclosed.
Final thing is a reminder, VML Day February 9. I'll be driving so that is always worth
the trip to Richmond. You can never tell what will happen on that experience but we
think there are some important issues to be dealt with this year. I know Ms. Irby and I
and other staff members will be joining. For those who can spend the day, it will be
worthwhile.
17. CLOSED SESSION
Mayor Umstattd made the following motion:
Pursuant to Section 2.2- 3711(A)(1), (3) and (7) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting for the purpose of receiving
information and discussion regarding:
a. Property sale on Loudoun Street
b. Litigation Update
C. Town Manager's Contract
The motion was seconded by Council Member Martinez and approved by the following
vote:
Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd
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COUNCIL MEETING January 10, 2012
vote:
Nay: None
Vote: 7 -0
The Town Council adjourned to closed session at 8:57 p.m
The Town Council reconvened in open session at 9:25 p.m
Mayor Umstattd made 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 closed meeting was convened
were heard, discussed or considered in the meeting by Council.
The motion was seconded by Council Member Martinez and approved by the following
Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
18. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Butler, the
meeting was adjourned at 9:25p. m.
Kri`st C. mstattd, Mayor
Town of Leesburg
2012 tcmin0110
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