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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 1 pa COUNCIL MEETING June 26, 2012 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. 2 1 Page 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. 3 1 Pane 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 4 1 Panc 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 5 1 P a ,, 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 6 1 P a 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 7 1 Ilz,,c 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. 8 1 Pa(; 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 9 1 P:�