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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