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HomeMy Public PortalAbout2009_tcmin0609 COUNCIL MEETING June 9, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Thomas S. Dunn, II, Katie Sheldon Hammier, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: David S. Butler Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Chief of Police Joe Price, Deputy Director of Planning and Zoning Brian Boucher, Planner Michael Watkins, Economic Development Manager Marantha Edwards, Research Manager Betsy Fields and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag Council Member Wright 3. Invocation was lead by Vice Mayor Hammier 4. Roll Call showing Council Member Butler absent. S. Minutes a. Work Session Minutes of May 26, 2009 On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the minutes were passed 6-0-1 (Butler absent). b. Regular Session Minutes of May 27, 2009 On a motion by Council Member Hammier, seconded by Council Member Martinez, the minutes were passed 6-0-1 (Butler absent). 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Wright, seconded by Council Member Dunn, the meeting agenda was adopted as presented. The motion was passed by the following vote: Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) 7. Presentations a. Certificates of Recognition - Sycolin Creek Fourth Grade Published Authors On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the Certificates of Recognition were presented to the following Fourth grade students of Sycolin Creek Elementary School by a vote of 6-0-1 (Butler absent): Town Council Meeting of June 9, 2009 Page 2 Sela Carrington Roman Colon Melanie Faliskie Anne Norris Maya Smith Harrison Wise Samantha Carver Olivia Dinman Kaitlyn Nguyen Emily Schechter Cammie Warter b. Economic Development Strateqy/Business Incubator - Ara Bagdasarian, Chair, Leesburg Economic Development Commission spoke to Council about the economic development issues of the Town. He stated the three main core areas are (1) the customer service component - Leesburg is a great place to do business, (2) become a destination for arts, entertainment and dining, and (3) leveraging emerging growth opportunities. He stated the Incubator Task Force is an important component under the leveraging emerging growth opportunities area. He stated this is a Leesburg initiative, but involves the County as well. He stated now that the study is completed, it is a matter of making it happen. Council Member questions focused on how the task force went about choosing the George Mason Enterprise Center and the types of businesses and office space that would be used. Mr. Bagdasarian stated he and members of the Task Force visited several facilities and attended a number of incubator association meetings. He stated the choice process was mutual. He stated GMU Enterprise Center has a proven track record with 14 other incubators throughout Virginia and their approach offers a lot of mentoring and support which ensures success. He stated he regularly reviews the current office space vacancies in Town and there is plenty of Class A available. Vice Mayor Hammier noted there is support for a joint incubator project on the Board of Supervisors. c. Public Safety Update - Chief Joe Price stated the State report on Crime in Virginia was published several weeks ago. He stated there are many factors that affect crime. He reviewed the crime statistics including officers per capita. He reviewed new software available to citizens which allow the user to view a graphic presentation of crime in the community. He noted citizens can sign up for email alerts, even tailoring the email alerts to occur as frequently or infrequently as desired. He displayed a new software product currently being beta tested by the Police Department that allows the department to do comparative analysis of all police activity in the different areas of the Town. Chief Price answered questions related to crime trends in the area and stated they have not seen dramatic increases in violent crime; however, there are trends that indicate more serious crimes are occurring. Discussion centered around crime prevention and pro-active policing. Chief Price encouraged citizens to use the tools available to reduce the chances of being a victim of crime. He stated officers are tasked with coming up with creative solutions to community problems. He stated citizens can contact their district commanders through the website. Town Council Meeting of June 9, 2009 Page 3 Mayor Umstattd asked for an update on the grant application for four police officers. Chief Price stated the latest update shows over 40,000 positions were requested and they hope to have the grants awarded in September. He stated despite the fact that there will only be about 5,000 positions available, often these programs continue on for more than one cycle allowing them the opportunity to reapply if they do not receive the requested grant funding. 8. PETITIONERS The Petitioners section was opened at 8:58 p.m. There being no petitioners, the Petitioner's section was closed at 8: 58 p. m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Wright, the following consent agenda was proposed: a. Setting the FY2010 Council Calendar RESOLUTION 2009-065 Setting the FY2010 Council Calendar b. Making a Reduction of the Performance Guarantee for Exeter Neighborhood Center RESOLUTION 2009-066 Making a Reduction of the Performance Guarantee for Exeter Neighborhood Center c. Approving a Substitute Performance Guarantee for the Paxton Memorial Learning and Resource Campus RESOLUTION 2009-067 Approving a Substitute Performance Guarantee for the Paxton Memorial Learning and Resource Campus d. Awarding the Comprehensive Civil Engineering Continuing Services Contract to Six Firms RESOLUTION 2009-068 Awarding the Comprehensive Civil Engineering Continuing Services Contract to AMEC Earth & Environmental, Inc., Bowman Consulting Group, Ltd., Kimley-Horn & Associates, Paciulli, Simmons & Associates, Ltd., Rinker Design Associates, pc., and Rummel, Klepper & Kahl, LLP. The Consent Agenda was approved by the following vote: Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) Town Council Meeting of June 9, 2009 Page 4 10. PUBLIC HEARINGS a. TLZM 2008-0010 Village at Leesburg Concept Plan and Proffer Amendments The public hearing was opened at 8:59 p.m. Michael Watkins presented the request to revise the concept plan for the Village at Leesburg development. He noted this request does not significantly change the concept plan. Michael Banzhaf presented the applicant's request. He noted the majority of the changes center around Land Bay A. He stated they are unable to proffer the design of the building because they are not sure who the tenant will be. He stated he needs the flexibility in case the lease with LA Fitness does not go through. Discussion centered around the necessity for co-location of parking lot entrances and number of landscaping islands in the parking lots. Mr. Boucher stated as long as the number of islands does not decrease, they will be considered in substantial conformance. Council asked when the Wegman's would open and when the westbound ramp from River Creek Parkway would open. The developer noted Wegman's is planning on a November opening and once the retaining wall is completed, the ramp will be ready to be put into service. Mr. Boucher clarified the proffers are dated June 8, 2009. He stated there is a little change to incorporate a change to Proffer #7, which is a change to the landscaping plan due to the Dominion Virginia Power lines coming down Rt. 7. A draft ordinance was distributed to Council. Council Member Martinez proposed the following: ORDINANCE 2009-0-008 Approving Concept Plan and Proffer Amendment TLZM-2008-0010, Village at Leesburg, amending TLZM 2008-0003 to Allow a Commercial Recreation Facility, A Theater, and Alternate Layout for Various Uses within Landbays A and B of the Village at Leesburg Located at Crosstrail Boulevard and Russell Branch Parkway Council Member Wright clarified the ordinance was amended to reflect the proffers are dated June 8, 2009 and addition of clarifying language to Proffer #7, as discussed. The motion was seconded by Council Member Wright and approved by the follOWing vote: Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) 11. ORDINANCES a. None. Town Council Meeting of June 9, 2009 Page 5 12. RESOLUTIONS a. Supporting Submission of a Fairfax Water Grant Application by PEC and CWP to Provide a Better Site Design Workshop for the Town On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2009-069 Supporting Submission of a Fairfax Water Grant Application by PEC and CWP to Provide a Better Site Design Workshop for the Town Council Member Reid stated he supports low impact development, but this is the third time Council has been asked to weigh in on a grant without previous discussion. It was verified the available matching funds would come from the money budgeted for Boards and Commissions unless an outside sponsor was found. The motion was approved by the following vote: Aye: Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: Reid Vote: 5-1-1 (Butler absent) 13. OLD BUSINESS a. None 14. NEW BUSINESS FOR ACTION a. Sycolin Flyover Letter On a motion by Council Member Reid, the following was proposed: RESOLUTION 2009-070 Authorizing the Mayor to Send a Letter to the Virginia Department of Transportation (VDOT) and the Town's Legislative Representatives Requesting that VDOT Proceed with the Design Contract for the Widening of the Route 7/15 Bypass which Includes the Sycolin Road Overpass as the First Stage of Construction The motion was seconded by Council Member Dunn. Council Member Reid made a friendly amendment to add "Board of Supervisors and the Town's Federal and State" before "Legislative Representatives" and change the wording to "one of the highest" transportation priorities. Council Member Dunn concurred with this friendly amendment. Vice Mayor Hammier requested a friendly amendment to request "construction appropriation". The amendment was accepted by Council Members Reid and Dunn. Town Council Meeting of June 9, 2009 Page 6 Council Member Wright suggested creating two "Therefore Resolved" statements, one to request that design begin and the other to request funding. Council Members Reid and Dunn accepted this change. The motion was approved by the following vote: Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) b. Initiating an 1-1 Text Amendment to Allow School. General Education Uses On a motion by Council Member Wright, the following was proposed: RESOLUTION 2009-071 Initiating Amendments to the Leesburg Zoning Ordinance to Permit Place of Worship, Child Care Center, and School of General Education Under Certain Conditions Vice Mayor Hammier seconded the motion. Council Member Wright stated he was trying to accomplish initiation of the changes as discussed at Monday's work session. He verified the intent was to put both parties on equal footing as far as the 1-1 amendments are concerned. Vice Mayor Hammier stated for the record, she would like economic impact data for these proposed uses. Council Member Reid asked that the phrase "under certain special exception conditions" be added to the resolution. He noted he felt this would keep the interested parties on equal footing. Council Member Wright and Vice Mayor Hammier accepted this change. The motion was approved by the following vote: Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) c. Initiating a B-1 Text Amendment to Allow Veterinary Uses by Special Exception Council Member Wright stated he has been approached by a business wishing to move their veterinary clinic to the B-l. He made a motion to suspend the rules to allow Council to vote on a resolution to initiate a B-1 text amendment. The motion to suspend the rules was seconded by Council Member Martinez and passed by the following vote: Town Council Meeting of June 9. 2009 Page 7 Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) Council Member Wright then proposed the following: RESOLUTION 2009-072 Initiating Amendments to the Leesburg Zoning Ordinance Sections 6.3.2 and 9.2 to Permit Veterinary Hospital by Special Exception in the B-1 Community (Downtown) Business District Council Member Reid stated we have to be flexible on uses. The motion was seconded by Council Member Martinez and approved by the following vote: Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) 15. COUNCIL COMMENTS Council Member Reid stated the Standing Residential Traffic Committee had a meeting which included discussion about feedback signs and the possibility of one way access for Cornwall Street. He stated it is wonderful the Sycolin Creek Fourth Graders wrote and published a book. He stated the elementary school will get $5,000 from the sales of the book. He stated the Cool Spring and Harper Park Odyssey of the Mind teams went to the World Championships and did very well. He apologized for missing the tree planting near the bowling alley, but thanked Neely Law, Gem Bingol, and Virginia McGuire for the great job. He thanked Council for supporting the letter to VDOT regarding the Sycolin Road flyover. He stated he wants the media to realize this is a very important project which will relieve congestion at that intersection. He stated he was the only elected official from Loudoun County present at Pierce Homer's speech at NVTA. He stated the outlook is dire and the State may have to eliminate the urban and secondary road funds. He encouraged the gubernatorial candidates to support a funding mechanism for Northern Virginia and Hampton Roads. Council Member Wright disclosed conversations with Michael Banzhaf regarding the Village at Leesburg application. He reminded everyone of the Acoustic on the Green concert on Saturday night at 7 p.m. He stated he was unable to get to the tree planting on Saturday morning, but they had 61 volunteers assisting with the planting of trees in the creek floodplain near the bowling alley. He thanked all the volunteers and Village Lanes Bowling Alley for all their assistance. Council Member Martinez thanked the Sycolin Creek Elementary school students for coming in. Vice Mayor Hammier disclosed a call from Stewart Curley. She congratulated staff for their awards and thanked staff for all the hard work all year. She asked if the Invocation could be before the Pledge at the beginning of meetings. She noted the National Conference Center has put a white line around their road for bikes and Town Council Meeting of June 9. 2009 Page 8 joggers which she stated is a tremendous addition. She stated she is now on Twitter. Council Member Dunn disclosed a message from a representative at the Lutheran Church regarding the 1-1 and a representative for the prospective entertainment center in the I-l. 16. MAYOR'S COMMENTS Mayor Umstattd stated Mayor Bob Lazaro of Purcellville has invited Council to participate in Habitat for Humanity's House Build 8:30 a.m. next Wednesday. 17. MANAGER'S COMMENTS Mr. Wells stated the calendar on the website will be the up-to-date listing of all Council invitations and relevant events. He announced the monthly Development Activity Report has been recognized for excellence by the Council for Community and Economic Research. 18. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 10: 17 p.m. ~~~ en C. Umstattd, Mayor / Town of Leesburg 2009_ TCMIN0609