HomeMy Public PortalAbout2012_tcmin0626COUNCIL MEETING June 26, 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: Council Member Dunn arrived at 7:40 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, Senior Planner Irish Grandfield, Senior Planner Mike Watkins, and Executive
Associate Tara Belote
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Katie Sheldon Hammler
3. SALUTE TO THE FLAG: Council Member Dave Butler
4. ROLL CALL: Showing Council Member Dunn arriving at 7:40 p.m.
5. MINUTES
a. Work Session Minutes of June 11 2012
On a motion by Council Member Martinez, seconded by Council Member Butler,
_ -- the minutes of the work session of June 11, 2012 were approved by a vote of 6-0-1 (Dunn
absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Martinez, seconded by Council Member Butler, the
meeting agenda was approved as presented by the following vote:
Aye: Butler, Burk, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
7. PRESENTATIONS
a. Certificates of Appreciation — Tree Commission Volunteers at the
Leesburg Flower and Garden Show
On a motion by Council Member Burk, seconded by Council Member Butler, the
following volunteers at the Leesburg Flower and Garden show were recognized:
Liz Joseph
Robbie Jackson
Amber Brant
Caroline Kinsella
Ashley Silvernale
Amber Douglass
Rachel Krueger
Christina Werts
Ashlyn Gill
Katie Everett
Emily Burch
Jessica Kachadorian
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Sophia CauNeld
Kiara Brown
Brianna Schroth
Jennifer Remke
Karishma Ruhnke
AJRuhnke
Jacqueline Janicke
Maddie Brown
Courtney Glover
Kathy Godinez
Lyna Lam
Naya Shah
Lauren Le
b. Tree Commission Annual Report
Tom Seeman, Chairman of the Tree Commission, presented a brief
summary of the activities of the Tree Commission over the past year.
Summary of Key Points:
• Tour Des Trees — bicycle tour stop at Rust Library. Tree was planted at
Rust Library and educational materials were distributed
• Tree Care Summit — held as a daytime activity at Ida Lee. Included a
lecture with questions and answers on the care of trees. Tree planting and
tree pruning demonstration for the public.
• Flower and Garden show — distributed lots of seedlings. Positive feedback
from the public regarding the health of their seedlings. Successful
volunteer activity for high school students and Girl Scouts. Partnership
with the Environmental Advisory Commission
• Tree Plantings at Schools — this year at Harper Park Middle School in
conjunction with the local Ecology Club. Excellent opportunity for
education
• Comcast videos — at least 12 -15 videos regarding care of trees
• Received annual Tree City award
• Improvements in centralized tree management and pre - planning for tree
preservation in conjunction with capital projects
Council Members thanked the Tree Commission and all the volunteers for
their work.
C. War of 1812 Bicentennial Concert Event
Ara Bagdasarian, Chair of the Loudoun Symphony, presented Loudoun
Symphony's request for $5,000 funding for the 1812 Bicentennial Event. He
noted that Leesburg has unique historical importance in the War of 1812 as the
archives of the country were moved for safe keeping to Leesburg.
He reviewed the plans for the event and noted that Leesburg would benefit
from the marketing and tourist dollars associated with the event.
It was decided that this item would return to the July 10 Council meeting
for vote.
8. PETITIONERS
The petitioner's section was opened at 7:57 p.m.
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COUNCIL MEETING June 26, 2012
Peggy Coleman, 209 Pathway Court, stated she is addressing the town's position
with regards to Potomac Crossing Park. She stated the current litigation is a unique
opportunity to reconfigure this park and reconsider development patterns for this
vvvY4 neighborhood. She stated a lot has changed since the proffer was originally offered in
the mid- 1990s. She stated now Leesburg is aware of watershed issues and improvements
have been made in materials such as pervious surfaces and artificial turf playing fields.
She asked Council to visit the site before making a final decision.
Lee Louder, K2M, stated they design and manufacture spinal implants. He
stated they support the connection of Miller Drive to Battlefield Parkway. He stated
they currently have 200 employees at their Miller Drive location and anticipate having
close to 500 employees in five years. He stated they are FedEx's largest customer in
Loudoun County and transportation links to Battlefield Parkway and the toll road are
very important for them.
Mayor Umstattd stated currently the Board of Supervisors and the Town are
working on funding solutions for the connection of Miller Drive and Tolbert Lane.
Susan Jacks, Raspberry Falls, stated she represents the HOA Community Issues
Committee that addresses topics concerning the residents. She stated their development,
when completed, will consist of about 200 homes. She reviewed the issues regarding the
Raspberry Falls well water system. She asked that the town assist Raspberry Falls and
Selma Estates by providing an option for clean water.
Cynthia Klevonis, Raspberry Falls, stated she also represents the Raspberry Falls
Homeowner's Association. She requested they are asking the town to run a pipe from
Tuscarora High School to the town limits and Loudoun Water would construct the
remainder of the way to Raspberry Falls. She stated an agreement could be worked out
to ensure a reasonable rate of return for Leesburg's investment and Loudoun Water
would be responsible for final water quality. Further, she stated the pipe can be sized so
that it could only reasonably serve Raspberry Falls and Selma Estates.
Bob Bunch, Paeonian Springs, stated this is a follow -up with regards to the last
Town Plan transportation amendment regarding his property near Holiday Inn. He
requested that a sentence be inserted on Page 68 of the Town Plan to capture the
discussion to date regarding consideration of possible alternative access for the
properties fronting Rt. 7. He asked that the language be amended to add,
"Consideration should be given to an alternative future parallel access road from
Battlefield Parkway to serve the north side Rt. 7 frontage properties located east of
Battlefield Parkway."
Ms. Irby stated the Town Plan does not generally address local roads.
Laura Maschler, stated the Town Council meetings are welcoming and inclusive.
The petitioner's section was closed at 8:23 p.m.
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COUNCIL MEETING June 26, 2012
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following
items were moved for approval as part of the Consent Agenda:
a. Awardinia Construction Management Continuing Services Contracts
RESOLUTION 2012 -074
Awarding Construction Management and Project Management
Continuing Services Contracts to Alpha Corporation of Dulles, Virginia,
A. Morton Thomas & Associates, Inc. of Chantilly, Virginia and
McDonough Bolyard Peck, Inc. of Fairfax, Virginia
b. Awarding Construction Contract for Lowenbach, Phase III Prince Street
Project
RESOLUTION 2012 -075
Awarding the Construction Contract for the Lowenbach Street
Improvements Phase III — Prince Street Project to Arthur Construction,
Co., In the Amount of $1,309,996.75
C. Supporting the VDOT Rt. 7 Climbing Lane Project
RESOLUTION 2012 -076
Route 7 Truck Climbing Lane Location and Design Public Hearing
Approval
d. Miller Drive Funding
MOTION 2012 -013
I move that the Town Council support the completion of Miller Drive
Extension from Blue Seal Drive to Tolbert Lane and will devote the
necessary staff resources to manage the design and construction of this
project under the following conditions and directions:
• That the Town establish a capital project for the Miller Drive
Extension from Blue Seal Drive to Tolbert Lane; and
• That an agreement be negotiated with the developer for the dedication
of the necessary right of way and easements at no cost to the Town for
the completion of Miller Drive to Tolbert Lane and other
considerations; and
• That an agreement between the County and the Town be developed
for final action that commits the proffer funds currently held by the
Town from the AADP Agreement as applied to the Village at
Leesburg. These funds currently in possession of the Town would be
fully appropriated to this capital project.
e. County Courthouse Expansion
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COUNCIL MEETING June 26, 2012
MOTION 2012 -014
I move that a letter be drafted and sent by the Mayor to the County
Administrator (and copies the Board Chairman) that requests the
involvement of the Town Manager and key staff to work with the County
Administrator and his staff on the options and analysis regarding the
Loudoun County Courts Expansion. The Council would request an
update on the results of the on -going work on this project in early fall
The Consent Agenda was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
10. PUBLIC HEARING
a. Rezoning TLZM 2012 -0002 134 Fort Evans Road, NE
The public hearing was opened at 8:27 p.m.
Michael Watkins presented a brief summary of the application.
Summary of Key Points:
• Request adds 900 square feet to the approved rezoning (TLZM 2008 -0004)
application located at 134 Fort Evans Road, NE
• Additional square footage allows a piece of medical equipment that could
not be installed in the basement to be installed in one of the above ground
floors.
• Windows on the front fagade were altered to keep the architectural
detailing of a residential structure.
Council Comments:
• Concern over loss of trees
There were no members of the public wishing to address this public
hearing.
The public hearing was closed at 8:32 p.m.
On a motion by Council Member Dunn, seconded by Council Member Martinez,
the following was proposed:
ORDINANCE 2012 -0 -017
Amending TLZM2008 -0004 Fort Evans Road, to Increase Building Square
Footage Located on the Property Identified as PIN 188 -18 -6875, Located at 134
Fort Evans Road
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COUNCIL MEETING June 26, 2012
The motion was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
11. RESOLUTIONS AND MOTIONS
a. Town Plan
On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the
following was proposed:
RESOLUTION 2012 -077
Adopting TL TA 2011 -0003 "Five Year Town Plan Update"
Irish Grandfield recommended not dealing with the issue Mr. Bunch
raised at this meeting.
Council Comments /Questions:
• Could the land owners in Mr. Bunch's case build a private access road?
Staff answer: Yes, but the question would be whether the town would be
able to accept the road as a public road
• Too much detail may limit the flexibility for multiple solutions in the
future
• Preliminary design of the Battlefield /Rt. 7 interchange has not been
completed so consideration of local roads is not appropriate at this time
• Council thanked staff and the Planning Commission for their work on this
update
Council Member Butler proposed an amendment to restore Comment #6 in the
Natural Resources, Page 7 but removing the words "such as Lyme Disease" to read:
"Consider environmental health issues in Land Development....". Council Member
Martinez seconded the amendment for discussion purposes.
Council Member Hammler offered a friendly amendment to the proposed
amendment to add the word "mitigate" and end the sentence at "... create health supportive
environments. " The friendly amendment was accepted.
Mayor Umstattd clarified the amendment would read, "Consider environmental
health issues inland development. Use planning and landscape design strategies that do
not conflict with the green infrastructure or other policies in the Town Plan to create health
supportive environments. "
The amendment to the main motion was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
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COUNCIL MEETING June 26, 2012
Council Member Butler offered an amendment to the main motion to amend #20
of the matrix to revert to the current Town Plan to read, `land fronting on the eastern side
of Sycolin Road between the Rt. 15 Bypass and the planned Battlefield Parkway is
appropriate for development consistent with low density residential land use category as
shown on the Land Use Policy Map (see the Land Use Map...) and as an option uses
consistent with the Community Office Land Use category may be considered if (a)
appropriate buffer is provided for adjacent residential development, (b) substantial
consolidation of the parcels is achieved and development is coordinated with existing uses
and (c) access is aligned with Hope Parkway and coordinated with other access points on
Sycolin Road. " The motion to amend was seconded by Mayor Umstattd.
The amendment to the main motion failed by the following vote:
Aye: Butler and Mayor Umstattd
Nay: Burk, Dunn, Hammler, Martinez, and Wright
Vote: 2 -5
Council Member Hammler offered an amendment to E, an additional sentence to
read, "Up to 4% accommodation may be considered for the off ce use category for
additional restaurant uses". The motion was seconded by Council Member Butler.
The amendment to the main motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
Mayor Umstattd offered an amendment to reduce the commercial element of
Community Commercial to 150, 000 square feet. The motion to amend was seconded by
Council Member Butler.
The amendment to the main motion failed by the following vote:
Aye: Dunn and Mayor Umstattd
Nay: Burk, Butler, Hammler, Martinez, and Wright
Vote: 2 -5
The main motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, and Wright
Nay: Mayor Umstattd
Vote: 6 -1
b. Wall Mural /Town Garaize
On a motion by Council Member Burk, seconded by Council Member Martinez,
the following was proposed. -
MOTION2012 -015
I move that the Town Council refer the idea of a mural on the Loudoun Street side
of the Town Parking Garage to the Commission on Public Art for review and
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COUNCIL MEETING June 26, 2012
development of a detailed recommendation to report back to the Town Council by
August 28, 2012
Council Member Hammler offered an amendment to add the word "temporary " to
the motion. The amendment was seconded by Council Member Dunn.
The motion to amend failed by the following vote:
Aye: Dunn, Hammler and Mayor Umstaud
Nay: Burk, Butler, Martinez, and Wright
Vote: 4 -3
Council Member Dunn offered an amendment to add "no town funds to be
allocated towards this project ". The amendment was accepted as friendly.
Council Member Butler offered an amendment to allow up to $2, 000 in town funds
to be used for this project. The motion failed for lack of a second.
The amended motion was approved by the following vote:
Aye: Burk, Dunn, Martinez and Mayor Umstaud
Nay: Butler, Hammler, and Wright
Vote: 4 -3
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
15. COUNCIL COMMENTS
Council Member Dunn: Disclosed a phone call from Peter Kalaris.
Council Member Burk: Thanked the Tree Commission volunteers for the work
they did at the Flower and Garden Show. She stated she is glad to see the Miller Drive
connection will be completed.
Council Member Hammler: Disclosed a call from Peter Kalaris. She requested
the involvement of the town in the County courthouse project be formal. She thanked
Council Members Burk and Martinez for covering the Balch and Technology
commission meetings. She stated she and Council Member Burk will be speaking with
Supervisor Higgins regarding Raspberry Falls. She stated they will also be discussing
some of the rail issues that have been outlined in the town's resolution of support as well
as the Hunter -Dowdy property development. She congratulated everyone for the
success of Law Camp. She offered condolences to the Apex community on the passing
of Marty Newsome.
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COUNCIL MEETING June 26, 2012
Council Member Butler: Stated participating in Law Camp was fun. He stated
he had some examples of public art murals from other jurisdictions and expressed
disappointment that there is not more support public art.
16. MAYOR'S COMMENTS
No comments.
17. MANAGER'S COMMENTS
No comments.
Town Attorney, Jeannette Irby, thanked Council for their support of Law Camp
and use of town facilities for training of the Law Camp participants.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Mayor Umstattd, the meeting was
adjourned at 9.•51 p. m.
ATTf S�:
i
Clerk of
2012 tcmin0626
Kris . U stattd, Mayor
Town of Leesburg
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