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HomeMy Public PortalAbout2012_tcmin0522COUNCIL MEETING May 22, 2012 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David Butler, Kelly Burk, Thomas S. Dunn, Katie Sheldon Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd. Council Members Absent: None Staff Present: Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Plan Review Bill Ackman, Director of Parks and Recreation Rich Williams, Economic Development Manager Marantha Edwards, Parks and Public Space Planner William Ference, Director of Public Works Tom Mason, Business Retention Coordinator Debi Parry and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Thomas S. Dunn, II 3. SALUTE TO THE FLAG: Mayor Umstattd 4. ROLL CALL: Showing all present. 5. MINUTES a. Work Session Minutes of May 7, 2012 On a motion by Council Member Butler, seconded by Vice Mayor Wright, the minutes of the work session of May 7, 2012 were approved by a vote of 7 -0. b. Regular Session Minutes of May 8 2012 On a motion by Council Member Hammler, seconded by Council Member Martinez, the minutes of the regular session of May 8, 2012 were approved with edits by a vote of 7 -0. 6. ADOPTING THE MEETING AGENDA On the motion of Vice Mayor Wright, seconded by Council Member Martinez, the meeting agenda was approved as presented by the following vote: Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 7. PRESENTATIONS a. Resolution of Appreciation and Respect — John W. "Jock" Pumphrey and Jock's Exxon On a motion by Council Member Martinez, seconded by Council Member Butler, the following Resolution of Appreciation and Respect was presented to the Pumphrey family: 1 Pa be COUNCIL MEETING May 22, 2012 Resolution of Appreciation and Respect for John W. "Jock" Pumphrey and Jock's Exxon WHEREAS, John W. "Jock" Pumphrey was born on March 7, 1917 and passed away August 25, 2011; and WHEREAS, he was a loving husband to his wife, Ruth, and proud father of three sons, John, Jim, and Jerry; and WHEREAS, Mr. Pumphrey was the owner of Jock's Exxon which has been at the location on West Market Street since 1965; and WHEREAS, Jock's Exxon was one of the oldest and most respected businesses in Leesburg; and WHEREAS, Mr. Pumphrey was a significant contributor to the Town having served on the Town Council from 1959 to 1974; and WHEREAS, he was also a member of the Leesburg Volunteer Fire Department, Leesburg Host Lions Club, the Odd Fellows Lodge, Veteran's of Foreign Wars, and St. James Episcopal Church; and WHEREAS, the Pumphrey Family and Jock's Exxon served as examples of how one family or one business can make a difference in their community. THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in Virginia hereby commend Jock's Exxon for being an invaluable part of the Leesburg business community for many years; and BE IT FURTHER RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy and respect to Mr. Pumphrey's family and to all who knew him and direct that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be presented to his family. PASSED this 22nd day of May, 2012. b. Resolution of Appreciation - Former Council Member Terry Titus On a motion by Council Member Martinez, seconded by Council Member Butler, the following Resolution ofAppreciation was presented to C. Terry Titus: 2 1 P ;, COUNCIL MEETING May 22, 2012 Resolution of Appreciation C. Terry Titus WHEREAS, C. Terry Titus has served the citizens of the Town of Leesburg in many capacities over the years; and WHEREAS, a vacancy existed on Council; and WHEREAS, a special election could not be scheduled prior April 17, 2012; and WHEREAS, Council determined the need to appoint a temporary Council Member to fill this seat until a more permanent Council Member could be elected; and WHEREAS, Council selected C. Terry Titus from a field of 22 individuals interested in serving the citizens of the Town because of his record of outstanding and dedicated service to the citizens of the Town of Leesburg and County of Loudoun; and WHEREAS, Mr. Titus' temporary appointment to the Town Council involved many hours of work in order to make many difficult decisions. THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in Virginia hereby recognize and commend C. Terry Titus for his tireless efforts and vast expertise which has served to benefit the citizens of the Town of Leesburg during this appointment and in the past. PASSED this 22nd day of May' 2012. C. Proclamation — Celebrating the 90t' Anniversary of the Thomas Balch Library. On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proclaimed and presented to Ron Rust, member of the Friends of Thomas Balch Library: PR0CLAM -ATION Commemorating the 90th Anniversary of Thomas Balch Library WHEREAS, Thomas Balch Library was dedicated on May 22, 1922, in the Town of Leesburg by citizens of Leesburg and sons of the distinguished 31 Nag C COUNCIL MEETING May 22, 2012 international lawyer and Leesburg favorite son, Thomas Balch, as a center of learning and culture; and WHEREAS, Thomas Balch library today continues as a vibrant public /private partnership between the Town of Leesburg and dedicated citizens; and WHEREAS, much of our community's rich and diverse heritage is contained in documents and records created by and for its people; and WHEREAS, The Town of Leesburg's Thomas Balch Library is a repository preserving the historical and genealogical record of Leesburg and Loudoun County; and WHEREAS, the archives of Thomas Balch Library collectively contain over 250 years of unique materials, ranging from hand - written letters and diaries to typewritten manuscripts, photographs, videotapes, and modern electronic data systems; and WHEREAS, through these archives, future generations can more accurately study the past, learn from accomplishments of predecessors, trace ancestors, understand a community's pride of place, confirm property rights, and maintain laws, while celebrating the history of state and local communities; and WHEREAS, the mission of Thomas Balch Library is to serve the educational and informational needs of the citizens of Leesburg and Loudoun County and to provide leadership to ensure identification, preservation, and use of the region's historical record; and WHEREAS, the 90th anniversary of the dedication of Thomas Balch Library will be commemorated on May 22, 2012. NOW, THEREFORE, be it resolved that the Council of the Town of Leesburg in Virginia, proclaims May 22, 2012, Thomas Balch Library Day and urges all citizens to join in commendation of the work of the Library, and to explore fully this unique asset in our community. d. Proclamation — Business Appreciation Week On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proclaimed and presented to Susan Henson, Manager of the Mason Enterprise Center: PROCLAMATION BUSINESS APPRECIATION WEEK June 4 - June 8, 2012 4 1 Pia, c COUNCIL MEETING May 22, 2012 WHEREAS, Governor Robert F. McDonnell has recognized June 4th - 8th, 2012 as BUSINESS APPRECIATION WEEK in the COMMONWEALTH OF VIRGINIA, and called this observance to the attention of all citizens; and WHEREAS, Governor Robert F. McDonnell has designated 2012 as THE YEAR OF THE ENTREPRENEUR in the COMMONWEALTH OF VIRGINIA; and WHEREAS, Virginia and its localities recognize that jobs and investment follow private businesses that seize opportunities to expand markets, develop new products, and invest in equipment that improves productivity; and WHEREAS, the Town of Leesburg has joined the Commonwealth in developing a business climate of opportunity to encourage entrepreneurial creativity, investment, and job growth; and WHEREAS, businesses in Leesburg, Virginia play a significant role in growing the economy of the Commonwealth when they assume growth plans to reap the rewards of pursuing opportunity; and WHEREAS, within the last year, the Mason Enterprise Center — Leesburg /Loudoun opened its permanent location in Historic Downtown Leesburg for local entrepreneurs to expand their dreams into reality. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the week of June 4 — June 8, the Year 2012 as Business Appreciation Week in the Town of Leesburg and urge the citizens of Leesburg to support our local businesses and do their part to support a sustainable economic environment for the Town of Leesburg. PROCLAIMED this 22" day of Mav' 2012. e. Certificate of Appreciation — Leesburg Moose Lodge Donation On a motion by Council Member Martinez, seconded by Council Member Butler, a Certificate of Appreciation was presented to the Leesburg Moose Lodge #1041 and Moose Riders Club for theirgenerous donation of an external automatic defibrillator for Freedom Park. f. Certificate of Appreciation — Loudoun Soccer Donation On a motion by Council Member Martinez, seconded by Council Member Butler, a Certificate of Appreciation was presented to Loudoun Soccer for their generous donation towards Bermuda grass seed for the soccer field at Ida Lee Park g. 2012 Tolbert Awards 5 1 r',� COUNCIL MEETING May 22, 2012 Mary Haberl, Vice Chair of the Environmental Advisory Commission, presented the 2012 Tolbert Awards to Chiara Marie Solitario, Julie Gurnee, and Felicity Francis for their work in protecting and providing support to those interested in the environment. h. Certificate of Recognition — Retiring Employee Larry Fleming. On a motion by Council Member Martinez, seconded by Council Member Butler, a Certificate of Recognition was approved recognizing Mr. Fleming's over -31 year employment history with the town. 8. PETITIONERS The petitioner's section was opened at 7:58 p.m. Lily Rose Dunning, Assistant Executive Director of Bluemont Concert Series, stated they have been granted permission by the Courthouse Committee to move their concerts back to the old Loudoun Courthouse. She stated they will be having five Sunday evening concerts in July and would appreciate support from the town in the form of street closures, police support, and use of the town hall restrooms. The petitioner's section was closed at 8:01 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. PMW Farms Bond Reduction RESOLUTION 2012 -056 Making a Reduction of the Performance Guarantee for Public Improvements at PMW Farms, Fort Evans Road, Phase 1 (TLPF 2009- 0014) b. Downtown Improvements — East End Triangle and Alley — Construction Contract Award RESOLUTION 2012 -057 Awarding the Construction Contract for the Downtown Improvements — Alley Walkway Improvements and East End Triangle Project to Madigan Construction, Inc. in the Amount of $548,857.60 The Consent Agenda was approved by the following vote: Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 6 �t COUNCIL MEETING May 22, 2012 10. PUBLIC INPUT a. Town Plan Irish Grandfield stated this is the first of two opportunities for public input on the update revisions to the Town Plan. Summary of Key Points: • State Code requires towns to have a comprehensive plan and to review the plan a minimum of every five years. • The Town Plan is a general guide for decisions related to land development and public facilities. It guides other processes and tools. • Planning Commission reviewed all nine elements including input from other advisory boards and commissions. • Amendment was initiated by Council in October. • Amendments include: • more incentives for protecting natural resources • addition of urban forestry management plan, stormwater, natural hazards and integrating natural resources objectives into capital projects • identification of funding for purchase of additional park land • identify recommendations for additional trails • regular re- evaluation of park master plans • remove overlapping portions of the H -1 and H -2 with the proposed crescent form based district • design guidelines to complement or replace the H -2 district • need for a comprehensive preservation plan • support for public art and integration into capital projects, as warranted • need to coordinate development with adequate community facilities • allow for some light industrial uses in town where appropriate • recognize permitted height increases in the central sector • small area plan for the Fort Evans Road /Edwards Ferry Road area to develop a cohesive plan for the area with integrated transportation facilities • Addition of car dealerships outside the bypass. • Change in designation for property on Sycolin Road • SW Sector designated community commercial center could happen on either northeast corner or southeast corner of intersection of Rt. 15 and Evergreen Mill Road • Amend existing economic development goals and objectives to include working cooperatively with local businesses and organizations to create infill projects that target government contracting, research and development, and education. • Encourage arts related businesses • Clarification on undergrounding utilities • Improve street tree standards • Seek stakeholder input for public service provisions, i.e. stormwater • Increase recycling rates 7 1 Pa COUNCIL MEETING May 22, 2012 • Technology and communications strategic plan • Emphasis added on multimodal transportation systems • Policy Map Revisions • Provide a picture relating to the policy language described in the town plan elements • Green infrastructure map — remove some urban stream sections • Green infrastructure map — add streams greater than 100 acres buffered • Heritage resources map — simplified for easier reading • Land Use map — Corner of Evergreen Mills /South King Street shows community commercial on either northeast or southeast corner • Land Use map — Land east of Izaak Walton changed from open space designation to downtown land use • Land Use map — add institutional uses to update map • Roadway network — updated based on Loudoun road classifications and fixed bus routes added • Bicycle and pedestrian facilities map — updated sidewalks and trails • June 11 Council work session • June 12 Public Hearing • Possible additional work session • Adoption is required by mid -July by state code • Planning Commission then reviews action program Ann Bollinger} stated she does not approve of the draft town plan that would provide a 233% increase in commercial density in the southwest area of town, particularly at South King Street and Evergreen Mill Road. She requested the density for this site not be increased. She stated there is no justification for another grocery store in Leesburg. Dwight Dopilka, stated the revisions to the town plan will likely have some financial and economic impacts. He urged Council to weigh those impacts carefully and noted no economic "score" has been performed to study these revisions. He stated Objective 6 of the Natural Resources section, Item G, talks about the Metropolitan Council of Governments regional programs to improve air quality, promote and protect from air pollution. He questioned whether there is currently an air pollution problem in Leesburg. He stated if air pollution is not a problem, then this may invite unnecessary levels of regulation. He pointed out Objective 8 which talks about unhealthful levels of aircraft noise and prohibiting development in areas that have highway or aircraft noise levels at certain levels. He questioned whether there are existing guidelines on development in those areas. He stated he would like to ensure that businesses and individuals do not have additional tax burdens placed on them by these amendments. Molly Novotny, urban planner with Cooley, Goddard, stated they have been retained by Lowe's to help them with development of their property on Rt. 7, also known as Leesburg Auto Park. She stated Lowe's submitted an application in 2010 to develop a retail store on the property and they are currently 8��t COUNCIL MEETING May 22, 2012 preparing responses to the town's last set of comments. She stated the land use designation of office does not fit with the current trend away from standalone office parks to mixed use centers. She stated Lowe's is not looking to develop residential, but would like to develop the store with complimentary uses such as retail, restaurant and office uses. She stated they support the removal of regional office as the land use designation; however, there is no guidance for this area. She stated they would welcome the opportunity to work with town staff on planning this area now, rather than waiting until a small area plan can be developed in the future. Peter Kalaris, expressed his support for the Planning Commission recommendations that the community commercial designation on his property have flexibility of location. Further, he stated he supports the Planning Commission's inclusion in the draft of a 350,000 range in terms of potential size for the community center because it allows a greater range of uses and design flexibility. He stated they are working on the plan after meeting with citizen groups in January. He stated many citizens are excited about the commercial development and he has not heard any negative comments. He stated this area is underserved by commercial development and has been for a long time. Council Comments: • It was noted that Battlefield Parkway between Evergreen Mill Road and Route 15 South is funded primarily by VDOT • Historic map did not address historic areas other than gateways; should address historic locations • Provide the source for changes to regional office parks /uses • What is the guidance in the interim before small area plans are created? 11. RESOLUTIONS AND MOTIONS a. Parks Master Plan On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed. - RESOLUTION2012 -058 Approving Master Plans for 16 Town Owned and Operated Parks Council Comments: • Master plan sets expectations • Provide Council list of items to be taken into consideration when developing final plans for undeveloped parks Council Member Dunn made a motion to amend the language of the resolution adding a whereas stating it Council has expressed interest in determining historic resources at Veteran's Park prior to final development plans. The motion was seconded by Vice Mayor Wright. 9 1 Pa C COUNCIL MEETING May 22, 2012 The motion to amend was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 The main motion as approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 b. Support for Loudoun County Arts and Cultural District On a motion by Council Member Burk, seconded by Council Member Butler, the following was proposed: RESOLUTION2012 -059 Recommending the Loudoun County Board of Supervisors Direct their Economic Development Committee to Implement the Establishment of a Loudoun County Arts and Cultural District to Enhance and Support the Leesburg Arts and Cultural District Council Comments/ Questions: • Expanding arts and culture in the county is very positive • Where is the proposed district and how will it benefit Leesburg? Staff answer: Essentially the same boundaries as the Leesburg district. Leesburg arts and cultural businesses will be able to take advantage of tax incentives at the county level. • Hesitation to direct the Board of Supervisors • County and town mutually supporting each other to help bring the arts and cultural district into being. The motion was approved by the following vote: Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn abstaining) C. Letter of Support for Funding of the Extension of Miller Drive to Tolbert Lane On a motion by Council Member Butler, seconded by Council Member Martinez, the following was proposed. - MOTION2012 -010 I move to authorize the Mayor to sign the letter of support for Funding of the Extension of Miller Drive to Tolbert Lane Council Comments: • Hope that the county will work on funding Crosstrail to Rt. 7 10 1 Pa C COUNCIL MEETING May 22, 2012 • Proffered road improvement will not occur and road is needed now Vice Mayor Wright offered a friendly amendment to note that much of the traf}ic problem was created by the opening of the park and ride and Bolen Park. The friendly amendment was accepted. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMNIENTS Council Member Dunn: Reminded everyone the third smallest national cemetery, Balls Bluff, is in Leesburg and encouraged them to remember the Nation's fallen heroes. Vice Mayor Wright: Noted Relay for Life is coming up on June 2 at Heritage High School and they are looking for a few more walkers. He thanked everyone for their support in fundraising efforts. He disclosed a meeting with representatives of Lowe's and with Ben Leigh regarding a potential project on Sycolin Road. Council Member Burk: Disclosed a meeting on May 16 with Christine Gleckner and Andrew Paint from Walsh Colucci on the Toyota appeal. She stated on May 9', she spoke with the Association of Active and Retired Federal Employees and they discussed the issues they feel are facing Leesburg. On May 10', she stated she attended the Greenway kickoff at Clyde's Restaurant. She stated the Greenway donates one day's worth of tolls to charity once a year. She stated she attended the Business Appreciation Awards on May 16. She congratulated the nominees and the winners as these awards highlight businesses of all sizes. She also disclosed a meeting with Peggy Coleman and noted she is reaching out to all Ken Reid's nominees to see if they are interested in continuing as her nominees. She stated she attended the VDOT meeting on the Sycolin bridge. She stated she distributed a memo from Fairfax County on form based code to everyone. Council Member Martinez: Apologized for missing so many events. He stated he is coaching baseball again and has a full schedule on Tuesdays and Thursdays. III P a g C COUNCIL MEETING May 22, 2012 Council Member Hammler: Disclosed a phone call and an email from Hobie Mitchell on May 11th dealing with an infill development project. She thanked Milt Herd and Dieter Meyer for meeting with she and Council Member Butler prior to further discussion on Form Based Code. She stated she met with Senator Herring on May 1 I and did highlight to him some of the VML proposed budget amendments. She stated her appreciation for VDOT's presentation about the Sycolin Bridge. She stated she appreciated the citizens that provided feedback about noise barriers, tree save areas, and impacts on Market Street due to road closure. She noted the need for some type of notification of the light at Battlefield Parkway and Rt. 7 so cars have an opportunity to slow down. She stated Supervisor Reid discussed with her that the Sheriff's office is not willing to provide assistance at key intersections during peak hours on Sycolin Road. She encouraged everyone to attend the VML Town Section meeting on Thursday. She stated she emailed Michael Amyx at VML about the issue of eminent domain and how the elected officials throughout the state need to be engaged because of the enormous impacts this referendum will have. She stated Balch Library received a $10,000 grant from the Loudoun Library Foundation to digitize Wage Radio tapes. She added that there is a new exhibit at Balch Library called "Movements through a Day in the Life of a Soldier" about the Civil War. She stated the fountain is up and running, but there is some issues about the crumbling cement /stone apron around the fountain at Balch. She congratulated the Utilities Department on the award that they earned from the Virginia Department of Health. She thanked Terry Titus for his service. She extended her condolences to John and Debbie Wells on the passing of Debbie's mother. Council Member Butler: stated his intention to attend the VML Town Section meeting. He also thanked Terry Titus for filling in on Council. He noted he has participated in his fourth meatless Monday in a row. He stated he attended the rescue squad open house. He also stated the Business Appreciation awards were fantastic. He thanked Council Member Dunn for mentioning Balls Bluff cemetery and noted that Memorial Day might be a good time to visit. He thanked Milt Herd, Dieter Meyer and staff for meeting on Form Based Code. 16. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with John Andrews and Bechtel with regards to the data center they are building outside of town with a power facility. She stated they have reduced the megawattage down to a maximum of approximately 800 megawatts. She stated they are still looking to use 4 million gallons of treated wastewater per day. She disclosed a meeting with Mike Banzhaf with regards to the design of the townhouses and two- over -twos that are proposed for the Village at Leesburg. She also disclosed a meeting with representatives of Leesburg Toyota regarding the BAR issues and attempts to reach a compromise. She thanked everyone for attending the Business Appreciation Awards. She noted the winner in the Veteran's Affairs category, Knight Solutions, has the contract to maintain Balls Bluff Cemetery. She welcomed everyone to come out for the Memorial Day event on the courthouse green. 12 1 COUNCIL MEETING May 22, 2012 17. MANAGER'S COMMENTS Deputy Town Manager Kaj Dentler had no comments. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Butler, seconded by Mayor Umstattd, the meeting was adjourned at 9:23 p.m. AT Clerk of 2012 tcmi 0522 `Kris e C. mstattd, Mayor Town of Leesburg 13 1 tag