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HomeMy Public PortalAbout2012_tcmin0313COUNCIL MEETING March 13, 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, Marty Martinez, C. Terry Titus, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Martinez arrived at 7:41 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Director of Finance Norm Butts, Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson, Director of Public Works Tom Mason, Director of Plan Review Bill Ackman, Senior Planner Irish Grandfield, Economic Development Manager Marantha Edwards, Business Retention Coordinator Debi Parry, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Mayor Umstattd 3. SALUTE TO THE FLAG: Ben Francis, Boy Scout Troop 1910 4. ROLL CALL: Council Member Martinez arriving at 7:41 p.m. v 5. MINUTES a. Work Session Minutes of February 27, 2012 On a motion by Vice Mayor Wright, seconded by Council Member Butler, the minutes of the February 27, 2012 work session meeting were approved by a vote of 6 -0 -1 (Martinez absent). b. Regular Session Minutes of February 28, 2012 On a motion by Council Member Butler, seconded by Vice Mayor Wright, the minutes of the February 27, 2012 regular session meeting were approved by a vote of 6 -0 -1 (Martinez absent). 6. ADOPTING THE MEETING AGENDA On the motion of Vice Mayor Wright, seconded by Council Member Butler, the meeting agenda was approved as presented. The motion was approved by the following vote: Aye: Butler, Hammler, Dunn, Titus, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 7. PRESENTATIONS a. Proclamation — Women's History Month On a motion by Council Member Hammler, seconded by Council Member Butler, the following proclamation was presented to Dr. Kitty Saylor of Rehau: 11I'a" COUNCIL MEETING March 13, 2012 PROCLAMATION WOMEN'S HISTORY MONTH MARCH, 2012 WHEREAS, from the time of the Revolutionary War to the present, American women have worked for liberty and freedom for people around the world; and WHEREAS, in March of 1981 Congress passed a resolution declaring a National Women's History Week; and WHEREAS, in March of 1987, Congress passed a resolution that expanded the national celebration of Women's History Week to the entire month of March; and WHEREAS, historically, the state of Virginia has been home to many notable women of great resolve and courage, such as Pocahontas, Clara Barton, Elizabeth Keckley and Elizabeth Van Lew; and WHEREAS, today there are over 200,000 women serving in our nation's Armed Forces to protect our freedom and liberty; and WHEREAS, women continue to play an important role in the future of Loudoun County and the Town of Leesburg by holding various leadership positions; and WHEREAS, the theme for the 2012 celebration of Women's History Month is "Women's Empowerment ". THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of March of the Year 2012 as Women's History Month in the Town of Leesburg and urge the citizens of Leesburg to join in recognizing the accomplishments and historical contributions made by women throughout the history of our nation. PROCLAIMED this 13' day of March 2012. b. Proclamation — Relay for Life On a motion by Council Member Hammler, seconded by Council Member Butler, the following proclamation was presented to Vice Mayor Wright: PRO CLAMA TION 2 1 Pa -e COUNCIL MEETING March 13, 2012 American Cancer Societv's Western Loudoun Relay for Life June 2 -3, 2012 WHEREAS, 2012 marks the 28t' Anniversary of Dr. Gordy Klatt's first step of his 24 -hour walk /run around a track in Tacoma, Washington which raised $27,000 to support the American Cancer Society in May 1985; and WHEREAS, the following year, 220 supporters on 19 teams joined Dr. Klatt in this overnight event, and the American Cancer Society Relay for Life was born; and WHEREAS, each of the more than 4,800 Relays nationwide is a fun - filled, overnight event that mobilizes communities to raise money for the fight against cancer; and WHEREAS, this event celebrates the lives of those who have battled cancer as the strength of survivors inspires other to continue the fight, remembers loved ones lost to the disease and allows people who have walked alongside those battling cancer to find healing and allows participants to fight back and put an end to the disease; and WHEREAS, the Western Loudoun Relay for Life is being held on June 2- 3, 2012 at Heritage High School in the Town of Leesburg; and WHEREAS, the theme for the 2012 Relay for Life is "Lights, Camera, Hope "; and WHEREAS, the Western Loudoun Relay for Life is celebrating its 13' Anniversary this year and has raised over $1,894,548 to aid in the fight against cancer since 2000. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby congratulate the organizers and participants of the Western Loudoun Relay for Life and urge the citizens of the Town of Leesburg to support the American Cancer Society. PROCLAIMED this 13t' day of March, 2012. C. Bid Opening — Office Space at Leesburg Airport Mayor Umstattd opened a bid from ProJet Aviation for BID NO. 600710 - FY12 -01. The unit price bid was $1,258.70 /month. There were no bids from the floor. d. Arts and Cultural District Update Pamela Butler, Chair of the Commission on Public Art, and Ara Bagdasarian, Chair of the Economic Development Commission presented an 3 1 f>a �t COUNCIL MEETING March 13, 2012 update on the Arts and Cultural District including the need for several amendments to the language in the Town Code. 8. PETITIONERS The petitioner's section was opened at 8:01 p.m. Tom Hinders, 21 Linden Hill Way, asked Council to continue to support the Linden Hill Access Road. Sandy Kane, stated she is on the Arts and Cultural District Task Force and she worked at the venue where the artists were displayed during the kick off celebration. She stated some of the artists actually instructed attendees on how to perform their art. She stated she is proud to be part of this program. Arthur Busher, 503 Country Club Drive, SW, stated Country Club is opposed to the proposed access road because of safety, increased traffic congestion, reduction of safe off - street parking, large expense to solve the inconvenience for 36 homeowners in Linden Hill. He stated this is not a win -win situation for Country Club residents. The petitioner's section was closed at 8:08 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following items were moved for approval as part of the Consent Agenda: a. Initiation of Amendments to the Town Code — Arts and Cultural District RESOLUTION 2012 -026 Initiating Amendments to Chapter 7 of the Leesburg Town Code Regarding the Leesburg Arts and Cultural District The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Vote: 7 -0 10. PUBLIC HEARINGS a. Budget and Finance Related Public Hearings Ordinances and Resolutions i. FY 2013_Bud2et Public Hearing The public hearing was called to order at 8:10 p.m. John Wells gave a brief presentation on the FY 2013 Budget and Capital Improvements Program. Summary of Key Points: • Proposed budget ordinance covers three funds: 41 Pa COUNCIL MEETING March 13, 2012 • General fund: $47,604,501 • Utility fund: $19,917,572 • Capital Projects fund: $21,332,541 • Numbers fit within the Long Range Financial Plan Arthur Busher, stated he was reminded by one of the residents of Leesburg Estates that they are concerned about adverse effects to Governor's Drive who may opt to exit through Governor's Drive. Raymond Jones, 33 Linden Hill Way, stated he is the Vice President of the Homeowner's Association and the official spokesperson for this issue. He stated the rumor about the potential vote is very disturbing to their neighborhood. He gave a brief history of the issue and noted that Linden Hill will be adversely impacted by the improvements to Route 15 south of the Route 7/15 bypass. He stated there is no basis for the Country Club resident's concern. He stated the inability to turn left out of their development is an inconvenience that can be solved by the access lane. Marla DeCrisio, 2 Country Club Drive, asked Council to consider removing the access road from the CIP. She stated the U -turn movement is used at other places in the area. Mary Barnes, Linden Hill Way, stated they would love a street light at Linden Hill Way. She stated they do need a safe access. She stated the speed _._ limit is lower at the Safeway than it will be in front of Linden Hill Way. She suggested an interactive sign that would inform a vehicle that is speeding that the light will turn red. She expressed her belief that having them make the u -turn movement is an accident waiting to happen. Ingrid Souma, Governor's Drive, stated the traffic will affect Governor's Drive. She stated people are going 40 mph on Governor's Drive. Sondra Camp, stated she is discouraged by all the money being spent on special projects in the community. She questioned how the town can afford to do these things and not address their community's needs. Further, she stated the construction vehicles that are parked along Rt. 15 block their sight distance. Steve Loftus, Country Club, stated their community was not consulted about this plan and they do not agree with it. He stated there is a speeding problem on Country Club Drive and Governor's Drive. Charles Gilliam, 3 Country Club Drive, discussed vehicle stacking issues and noted that vehicles that have to wait too long to enter the left turn lanes may try to "shoot the gap ", which is dangerous. The public hearing was closed at 8:39 p.m. 5 1 a COUNCIL MEETING March 13, 2012 On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed.• ORDINANCE 2012 -0 -007 Adopting the Budget for Fiscal Year 2013; Making Appropriations for FY2013 for the General Fund, Utilities Fund, and Capital Projects Fund; Authorizing Amendments to the Budget and Supplemental Appropriations by Council Resolution; and Authorizing and Directing the Town Manager to Take All Steps Necessary and Prudent to Effectuate the Implementation of this Ordinance • Council Comments: • Budget is balanced. Current revenues cover current expenses. • Budget is part of a long range plan that allows the town to maintain ongoing fiscal stability while maintaining services • 2 °d year of a fiscally prudent budget • Long range plan will keep from having future "hockey stick" effect on the tax rate • Frustration with inability of Council to make up their minds • Drainage problems on Royal Street, SE to be looked at for inclusion in CIP, if necessary • Savings could be realized by using contractual services • Written citizen comments include: o Support for Linden Hill Access Road o Remove the Downtown Improvements Project from the budget • Budget and staff are very lean Vice Mayor Wright made a motion to amend the CIP to strike the Linden Hill Access Road. The motion was seconded by Council Member Titus. Comments on the Motion to Amend: • The completion of South King Street Widening and Battlefield Parkway provide multiple options for safe egress from Linden Hill without the expense and impact of the access road • Convenience of Linden Hill is not in the public's interest Council Member Dunn made a motion amend Vice Mayor Wright's motion to amend to reduce the South King Street Widening budget to $1.6 million in funding over the next four fiscal years. The motion was seconded by Council Member Hammler. Comments on the Motion to Amend the Motion to Amend: • Underfunding South King Street Widening would ensure the project is not completed. • Non - completion /discontinuance of South King Street Widening project negates the need for the Linden Hill Access Road • South King Street Widening facilitates transportation for non - residents 6 1 Pa COUNCIL MEETING March 13, 2012 • Most of the 2013 CIP funding for South King Street Widening come from VDOT and proffers • These motions amend the Capital Budget • Amendments should have been proposed during work sessions and not on the dais without adequate notice to the public • The contract for South King Street Widening has been awarded • Solutions that have been proposed do not work from an engineering standpoint The motion to reduce money from the South King Street Widening Project failed by the following vote: Aye: Dunn, Hammler, and Titus Nay: Butler, Martinez, Wright, and Mayor Umstattd Vote: 3 -4 Council Member Dunn attempted a friendly motion to direct staff to include in the South King Street Widening Project, a cut through to allow a left turn from Linden Hill Way. Vice Mayor Wright did not accept the motion as friendly as VDOT and town engineers have deemed this maneuver to be unsafe. Council Member Dunn made a motion to direct staff to include in the South King Street Widening Project, a cut through to allow a left turn from Linden Hill Way because VDOT gave the decision to the town. The motion failed for lack of a second. — Council Member Dunn attempted a friendly motion to install a light at Linden Hill Way to allow motorists to go either north or south. Vice Mayor Wright did not accept the motion as friendly for the same reasons as the previous motion was not accepted. Council Member Dunn made a motion to install alight at Linden Hill Way. The motion failed for lack of a second. It was clarified that construction would be completed on South King Street Widening and time will be given to assess how the traffic movements work prior to request for bids for construction of the Linden Hill Access Road. The motion to remove the Linden Hill Access Road from the Capital Budget failed by the following vote: Aye: Titus and Wright Nay: Butler, Dunn, Hammler, Martinez and Mayor Umstattd Vote: 2 -S Council Member Butler made a motion to amend the motion to approve the FY 2013 Budget to put the Edwards Ferry Turn Lane on hold until the impacts and alternatives of this project can be assessed. The motion was seconded by Council Member Dunn. Staff Update on the Edwards Ferry Road Right Turn Lane Project: 7 1 Pag COUNCIL MEETING March 13, 2012 • Design is with VDOT for final comments • Staff review will be performed over the next few months • No easements have been obtained • Construction contract has not been awarded • Currently a little over $300,000 has been spent for design of the project • Removal of this project could put a negative light on the working relationship with VDOT • Delay of project will cause additional costs because of increases in the cost of construction materials The motion to postpone the Edwards Ferry Road Right Turn Lane Project from the FY2013 Budget failed by the following vote: Aye: Butler, Dunn, and Martinez Nay: Titus, Hammler, Wright and Mayor Umstattd Vote: 3 -4 Council Member Dunn made a motion to remove the Airport Director position, Tennis Manager salary, Historic Preservation Planner position, $125, 000 from the Balch Library budget, and $90, 000 from the Executive staff be removed from the budget for a total of $500, 000 of spending. The motion failed for lack of a second. vote: The motion to approve the FY2013 Budget was approved by the following roll call Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Aye: 7 -0 ii. Ta_x_Rate Public Hearing The public hearing was opened at 9:23 p.m. Mr. Wells stated the equalized tax rate (rounded out) is equal to the current tax rate of 19.5 cents and fits into the plan through 2017. There were no members of the public wishing to address Council with regards to the proposed tax rate. The public hearing was closed at 9:24 p.m. On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed. - ORDINANCE 2012 -0 -008 Ordaining Section 20 -22 (Annual Levy and Rate of Taxes), Article II (Taxation Generally), Chapter 20 (Licenses, Taxation and Miscellaneous Regulations), and Appendix B (Fee Schedule) of the Town Code of Leesburg Setting Tax Rates on 8 1 pa ,,C COUNCIL MEETING March 13, 2012 Real Estate, Vehicles used as Mobile Homes, or Offices, Aircraft, Tangible Personal Property, Real Estate and Tangible Personal Property of Public Service Corporations, and Bank Capital for the Tax Year 2012; and Amend Appendix B (Fee Schedule) of the Code of the Town of Leesburg to Include a Reduced Property Tax Rate for Qualified Vehicles with a Value of $20, 000 or Less Council Member Titus made a motion to divide the question to vote on Section II, Ic Aircraft Tax separately. The motion was seconded by Council Member Dunn. The motion to divide the question failed by the following vote: Aye: Dunn and Titus Nay: Butler, Hammler, Martinez, Wright and Mayor Umstattd Vote: 2 -5 Council Comments: • This tax rate is part of a long range plan to deal with upcoming debt service • Long range plan eliminates a "roller coaster" tax rate and provides consistency • Half of tax payers will pay slightly more, half of tax payers will pay slightly less than last year • Aircraft taxes are low to discourage aircraft owners from moving their aircraft to other airports • Artificially low aircraft taxes are unfair to motor vehicle owners Council Member Dunn made a motion to lower the tax rate for the upcoming fiscal year (2013) to 18.5 cents. The motion failed for lack of a second. The motion to approve the 2012 tax rate as presented was approved by the following roll call vote: Aye: Butler, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: Dunn Vote: 6 -1 iii. Budget and Finance Related Resolutions On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed.• RESOLUTION2012 -9027 Adopting the Fiscal Year 2012 -2017 Capital Improvements Program in the Amount of $75,118, 518 Council Comments: • Drainage issues on Royal Street will be studied and included as necessary 91 Pa e COUNCIL MEETING March 13, 2012 The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Aye: 7 -0 On a motion by Council Member Hammler, seconded by Vice Mayor Wright, the following was proposed with additional language as proposed by Council Member Hammler.- RESOLUTION2012 -028 Memorializing the Intent of the Town Council to Use Long -Term Financial Planning Methods to meet Fiscal Policies and Reduce the Impact on Real Estate Tax Rates Council Comments: • The long range plan provided anticipates increases in debt service in 2017 • Proportional operational cuts will still need to be identified to close the gap • Sends a clear signal that Council supports staff looking aggressively at operational efficiency • Becomes a topic for evaluation of the town manager and department heads • This is part of staff's everyday job and what Council should have been doing all along • This makes the financial policy stronger and more transparent The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Wright and Mayor Umstattd Nay: Martinez and Titus Vote: S -2 On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the following was proposed: RESOLUTION2012 -029 Establishing a Debt Service Reserve as an Assigned Fund Balance in the General Fund; Transferring $1,400, 000 from the Revenue Stabilization Reserve to the Debt Service Reserve; and Transferring $2, 000, 000 from the Unassigned Fund Balance to the Debt Service Reserve Council Comments: • Not in favor of establishing separate funds as the need for these funds change over time • Clear plan to reduce the town's debt and keep the tax rate stable • Important to maintain reserves for future increases in debt service payments 10 1 P a e COUNCIL MEETING March 13, 2012 • Important to fund capital projects with cash whenever possible The motion to establish a debt service reserve was approved by the following vote: Aye: Butler, Martinez, Hammler, Titus, Wright and Mayor Umstattd Nay: Dunn Vote: 6 -1 On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the following was proposed.• RESOLUTION 2012 -030 Transferring $1,500, 000 from the General Fund Unassigned Fund Balance to the Capital Asset Replacement Reserve for Replacement of Vehicles and Heavy Equipment The motion for transfer of reserve funds was approved by the following vote: Aye: Butler, Martinez, Hammler, Titus, Wright and Mayor Umstattd Nay: Dunn Vote: 6 -1 On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed.• RESOLUTION 2012 -031 Amending the Fiscal Policy for the Town of Leesburg Council Comments: • Edits reflect responsibility to move forward and make a clear statement how the town will conduct itself and represent itself to the bond rating agencies • Would like to have stronger goals with benchmarks to measure progress The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Aye: 7 -0 b. Special Exception TLSE 2011 -0003 Loudoun Funeral Chapel Public Hearing The public hearing was opened at 10:04 p.m. Irish Grandfield gave a short presentation on the special exception request for a crematorium as an accessory use to a funeral home. Summary of Key Points: 11 Pa tie COUNCIL MEETING March 13, 2012 • Zoning Ordinance amendment allowing crematoriums subject to meeting specific use restrictions in the B -1 and B -2 zoning districts was passed on July 12, 2011 • Proposed building addition is contained on site plan submission that is under separate review • There will be no odor or visual emissions • Fuel will come from underground natural gas line • No medical waste or animals • Use is consistent with the Town Plan • Staff recommends conditional approval • A very small amount of mercury can be introduced into the environment from silver dental fillings Council Comments: • Language to read "solely for the cremation of human corpses" without language regarding medical waste or animals Bill McDonough, Vice President of Loudoun Funeral Chapel, gave a presentation of his application. Summary of Key Points: • Cremation services are currently outsourced • Some families wish to witness the cremation and do not wish to travel to Alexandria • Retort (cremation device) meets or exceeds all regulations covering these devices Council Comments: • Concern over the loss of seven parking spaces Gary Dickens, Jerry's Flowers and Gifts, stated their number one priority is serving those who are bereaved and they work closely with Loudoun Funeral Chapel and Colonial Funeral Home. He stated this will provide a service to the local community that is need as well as provide economic opportunities for other businesses in town. On a motion by Vice Mayor Wright, seconded by Council Member Titus, the following was proposed.• RESOLUTION2012 -032 Approving TLSE 2011 -0003 Loudoun Funeral Chapel, A Crematorium as an Accessory Use in a Funeral Home Located on the Property Having PINNumber 231 -10 -2434 and Located at 158 Catoctin Circle 12 1 P,ae COUNCIL MEETING March 13, 2012 Council Member Titus noted his second was made with the understanding that the language referring to medical waste and animals would be removed from the conditions. Vice Mayor Wright agreed. Council Comments: • Mercury emissions are a legitimate concern, but regulation should occur through the state and /or federal authorities • Special exception conditions satisfy the specific use requirements included in the ordinance Council Member Dunn disclosed that he may have refinanced one of the McDonough family's homes. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Titus, and Wright Nay: Mayor Umstaud Vote: 6 -1 C. Special Exception TLSE 2011 -0004 Catoctin Veterinary Clinic Public Hearing The public hearing was opened at 10:31 p.m. Vice Mayor Wright disclosed that his family has been a customer of Catoctin Veterinary Clinic for at least 16 years. He stated he has had no conversations with the applicant or his staff regarding the application. Irish Grandfield gave a summary on the application to move Catoctin Veterinary Clinic from 108 Dry Mill Road to 112 Dry Mill Road. Summary of Key Points: • Existing medical office building • Will include site improvements, but no building expansion • B -1 zoning district • Dumpster will be enclosed and enclosure will be subject to BAR approval • Screening for the HVAC equipment will be subject to BAR approval • Sidewalk repair or replacement will occur • Enhanced landscaping will be performed • Will install a right turn only sign coming out of the parking lot • Additional soundproofing can be asked for if needed • Staff recommends conditional approval Dr. Keith Robbins and his wife, Colleen, owners of Catoctin Veterinary Clinic asked that Council approve their request. On a motion by Council Member Dunn, seconded by Vice Mayor Wright, the following was proposed: 13 1 Pa COUNCIL MEETING March 13, 2012 RESOLUTION2012 -033 Approving TLSE 2011 -0004 Catoctin Veterinary Clinic, A Veterinary Hospital Located on the Property having PIN Number 231 -36 -4371 and Located at 112 Dry Mill Road, SW Council Comments: • Use complies with all requirements • Will be an improvement to the neighborhood The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Vote: 7 -0 11. RESOLUTIONS AND MOTIONS a. None. 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Hammler asked that Council take an active role bringing the Board of Supervisors into the tax abatement program of the Arts and Cultural District. Council Member Butler stated the fine and performing arts demonstrations at First Friday were well attended. 16. MAYOR'S COMMENTS None. 17. MANAGER'S COMMENTS Mr. Wells noted the Council Action Calendar will be included in the agenda packet for every meeting. 18. CLOSED SESSION None. 14 1? r� COUNCIL MEETING March 13, 2012 19. ADJOURNMENT On a motion by Vice Mayor Wright, seconded by Council Member Butler, the meeting was adjourned at 10.•45 p.m. Kest n C. mstattd, Mayor Town of Leesburg A'TTEST� —! f Clerk of 'C.*cil 2012 tcmin0313 15 1[ t