HomeMy Public PortalAbout2012_tcmin0724COUNCIL MEETING July 24, 2012
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, Thomas S. Dunn, Katie Sheldon Hammler,
Marty Martinez, Kevin Wright and Mayor Umstattd.
Council Members Absent: Council Member David Butler.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Parks and
Recreation Rich Williams, Director of Planning and Zoning Susan Berry Hill, Deputy
Director of Planning and Zoning Brian Boucher, Land Acquisition Manager Keith
Wilson, Deputy Director of Capital Projects Tom Brandon, and Clerk of Council Lee
Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Thomas Dunn
3. SALUTE TO THE FLAG: Council Member Marty Martinez
4. ROLL CALL: Showing Council Member David Butler absent.
5. MINUTES
-- a. Work Session Minutes of June 25, 2012
On a motion by Council Member Burk, seconded by Council Member Martinez,
the minutes of the Work Session of June 25, 2012 were approved by a vote of 6-0-1 (Butler
absent).
b. Regular Session Minutes of June 26, 2012
On a motion by Council Member Martinez, seconded by Council Member Burk,
the minutes of the June 26, 2012 meeting were approved by a vote of 6-0-1 (Butler absent).
C. Work Session Minutes of July 9, 2012
On a motion by Council Member Martinez, seconded by Council Member Burk,
the minutes of the Work Session of July 9, 2012 were approved by a vote of 6-0-1 (Butler
absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Hammler, seconded by Vice Mayor Wright, the meeting
agenda was approved as presented by the following vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Butler absent)
1 Pad c
COUNCIL MEETING July 24, 2012
7. PRESENTATIONS
a. Certificates of Recognition — Special Olympics Summer Games
On a motion by Council Member Dunn, seconded by Council Member Martinez,
the following participants in the Special Olympics Summer Games were presented with
Certificates of Recognition:
Robert Kaylor
Sophia Crook
Russell Turner
Kelly Erikson
Adam Bell
Josh Huston
b. Certificates of Recognition - Leesburg Basketball Club
On a motion by Council Member Dunn, seconded by Council Member Martinez,
the following participants were presented with Certificates of Recognition on their national
Championship title:
Coach Charles Bushrod
Coach William Paige
Matthew Anderson
Bryce Bare
Bradley Barrett
Justin Braswell
Luke Brenner
Caleb Coombs
Jared Cross
Josiah Hardy
Charles Harris, Jr.
William Johnson
Sam O'Brien
William Paige
Jeremy Roach
Jacob Wilson
8. PETITIONERS
The petitioner's section was opened
at 7:47 p.m.
Esther Turner, Journey Through Hallowed Ground Partnership, stated they are
thrilled to partner with the Loudoun Symphony to present the 1812 Concert. She stated
this event will bring visitors to Leesburg.
Scott Gustayson, Chair, Leesburg Economic Development Commission, 15
North King Street, voiced support for the JTHG and Loudoun Symphony for the 1812
Concert. He stated it is important to support this event because of the role that Leesburg
played in the war and for the economic benefits.
Ara Bagdasarian, Loudoun Symphony, stated the previous request for
sponsorship has been changed to a request for partnership with the town, moving the
event into the Town of Leesburg boundaries at Ida Lee Park. He requested waiver of
the labor and facility costs. He stated the return investment will include a boost to the
downtown Leesburg business community and tax income from attendees.
Gary , stated he is representing Leesburg Magazine, which is an
electronic magazine. He stated he has launched another venture entitled "Catoctin
Vistas" which is a preservation and history magazine, that has a more regional voice.
He stated he is in support of the in -kind support for Loudoun Symphony.
2 1 rag
COUNCIL MEETING July 24, 2012
The petitioner's section was closed at 7:57 p.m.
-- 9. APPROVAL OF THE CONSENT AGENDA
On a motion by Vice Mayor Wright, seconded by Council Member Burk, the following
items were moved for approval as part of the Consent Agenda:
a. Awarding Comprehensive and Civil Engineering Continuing Services
Contracts
RESOLUTION 2012 -083
Awarding Comprehensive Civil Engineering Continuing Services Contracts to
AMEC Environment & Infrastructure, Inc. of Chantilly, Virginia; Bowman
Consulting Group, LTD of Leesburg, Virginia; Paciulli, Simmons & Associates,
LTC of Leesburg, Virginia; Rinker Design Associates, PC of Manassas, Virginia;
and Rummel, Klepper & Kahl, LLP of Fairfax, Virginia
b. FY 2013 Annual Program for Street Milling, Resurfacing, Concrete
Repairs and Handicap Ramp Installations
RESOLUTION 2012 -084
FY2013 Annual Program for Street Milling, Resurfacing, Concrete Repairs and
Handicap Ramp Installations
C. Awarding the 2012 Annual Street Milling and Resurfacing, Contract
Award
RESOLUTION2012 -085
Awarding the 2012 Annual Street Milling and Resurfacing Construction
Contract Award to Arthur Construction Company, Inc. of Dulles, Virginia
d. Amending the CIP and Making Supplemental Appropriations for Miller
Drive Extension
RESOLUTION 2012 -086
Amending the FY2012 -2017 Capital Improvement Program to Add the Miller
Drive Extension and Appropriating Funding to Complete the Design and
Construction of the Project
e. Making an Appointment to the Standing, Residential Traffic Committee
RESOLUTION 2012 -087
Making an Appointment to the Standing Residential Traffic Committee — John
Thomas
3 1 Page
COUNCIL MEETING July 24, 2012
f. Making an Appointment to the Utility Rate Advisory Committee
MOTION2012 -017
I move to appoint Greg Hudson to the Utility Rate Advisory Committee for a term
expiring December 31, 2012
g. Delegation of Authority for Performance Bonds during the Town
Council's August Recess
MOTION 2012 -018
I move that the Town Council delegate authority to the Town Manager for the
acceptance of performance guarantees, reduction of performance guarantees, and
acceptance of work and release of performance guarantees for land development
projects from July 25 until August 27 and that the Town Manager will report to
the Town Council any approvals granted under this temporary authority at the
August meeting
The Consent Agenda was approved by the following vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstaud
Nay: None
Vote: 6-0-1 (Butler absent)
10. PUBLIC HEARING
a. Lowenbach Phase III — Prince Street Land Condemnation Authorization
The public hearing was held open from the July 10, 2012 meeting.
Keith Wilson gave a brief summary of the request for authorization:
• Capital Projects has continued to work for the past two weeks to secure
signatures and mortgage lender consent to transfer of the land rights
• Two more landowners have signed the deeds
• Authorization is requested for the remaining three properties where land
rights have not been acquired by negotiation or consent of the mortgage
holder had not be obtained
• Staff will continue to work with the last three remaining landowners
Nicholas Richard, 116 Prince Street, NE, stated his mortgage company
has not been responsive, but he would be more than happy to sign the papers. He
expressed his gratitude at all the assistance that has been provided to him in
understanding the process.
Town Attorney Jeanette Irby stated this is not an unusual situation. She
stated the town will file the Certificate of Take and notify the lien holder of a
hearing. She noted the lien holder will generally not show up at the hearing and
then the homeowner is released from any further obligation of having to satisfy
the requirements of the lien holder. She stated if the mortgage company does not
respond, the proceeds may be distributed to the homeowner.
4 1 Page
COUNCIL MEETING July 24, 2012
The public hearing was closed at 8:09 p.m.
Council Member Comments/ Questions:
Verified that previous petitioner's have been satisfied
Status of the other two property owners:
• One property is another mortgage lien holder situation
• The other property is still being negotiated, but agreement is expected
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the
following was proposed:
RESOLUTION 2012 -088
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire
Right of Way Dedication and Easements from PIN 188 -35 -5359 -000, PIN 188 -35-
3472 -000, and PIN 188 -45- 5203 -000 for the Lowenbach Street Improvements
Phase III (Prince Street) Project, and Authorizing Condemnation if the Offer is Not
Accepted
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Butler absent)
11. RESOLUTIONS AND MOTIONS
-- a. Desian Change Order Authorization — South King Street Widening,
Phase II
On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the
following was proposed:
RESOLUTION 2012 -082
South King Street Widening Project Change Order No. 20 for Design and
Engineering Services
Council Member Comments/ Questions:
• Do not think this project is necessary and has caused issues for residents
on this side of town
The motion was approved by the following vote
Aye: Burk, Martinez, Wright, and Mayor Umstattd
Nay: Dunn and Hammler
Vote: 4-2-1 (Butler absent)
b. Making an Appointment to the Commission on Public Art
On a motion by Council Member Burk, seconded by Vice Mayor Wright, the
following was proposed.•
5 Page
COUNCIL MEETING July 24, 2012
MOTION 2012 -016
I move to appoint Lisa Strout to the Commission on Public Art for a term expiring
December 31, 2014
Council Member Comments/ Questions:
• Verification of vacancy — Mr. Miller has submitted his resignation
• Candidate does not live in town limits, but has a business in town
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Butler absent)
C. Form Based Code Progress Report
On a motion by Vice Mayor Wright, seconded by Council Member Burk, the
following was proposed:
RESOLUTION2012 -089
To Initiate Amendments to Zoning Ordinance Section 7.10 Crescent Form -Based
District to Consider Changes to Improve the District; to the Offzcial Zoning Map to
Consider Additional Land forInclusion in the District, to the Design and
Construction Standards Manual, the Subdivision and Land Development
Regulations, the Zoning Ordinance and the Official Zoning Map, and Updates to
the Town Plan to Implement the Revised Crescent Form -Based Zoning District
Council Member Comments/ Questions:
• Update has been made on the residential area around Madison
Court /Monroe Street
• This starts the public process that includes the general public, the Planning
Commission and the Form Based Code Steering Committee
• Question of whether it is appropriate to have the school sites included
• Addition of a requirement that new developments have a public art
component should be considered
On a motion by Council Member Dunn, seconded by Council Member Hammler,
an amendment to remove the word "Crescent" in the second line of the next to last whereas
clause, was proposed.
Council Comments/ Questions:
• Allows Council to expand form -based code into other areas of town
• Adds a confusion level that is unnecessary since Council can look at other
areas if it wishes
• Does not change the resolution because all the other whereas clauses
reference the Crescent Form -Based District
• Looking a bigger area is a separate process
• Missing an opportunity to look at other areas of town
6 1 13,1 c
COUNCIL MEETING July 24, 2012
The motion to amend failed by the following vote:
Aye: Dunn and Hammler
Nay: Burk, Martinez, Wright and Mayor Umstattd
Vote: 2-4-1 (Butler absent)
Council Comments/ Questions:
Disappointed that regulations, not how the town should look, will be used
o Staff answer: A lot of the vacant land is under a proffered rezoning
and therefore would not be applicable
Concerns over higher allowable density and larger land area
There are still means to address applying principles of Form -Based Code
outside the bypass
The main motion was approved by the following vote:
Aye: Burk, Hammler, Martinez and Wright
Nay: Dunn and Mayor Umstattd
Vote: 4-2-1 (Butler absent)
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Funding for 1812 Concert
On a motion by Council Member Hammler, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2012 -090
Approving a Waiver of Fees in the Amount of $4, 300 Associated with the Loudoun
Symphony Orchestra's Concert at Ida Lee to Commemorate the Bicentennial of
Leesburg's Role in the War of 1812
Council Member Hammler offered a friendly amendment to add a fifth whereas
clause, "Every effort will be made to absorb the cost without expending taxpayer funds ".
Council Member Martinez did not accept the amendment as friendly.
Council Member Comments /Questions:
• Thank you to the symphony for listening to the Council's comments and
being willing to be flexible
• Support for this type of event is an investment in the community
• Event will attract people from all over the area to Leesburg
• Fee waiver support is not inconsistent with support given to other events
7I}agc
COUNCIL MEETING July 24, 2012
• The $2,000 fee waiver for use of the Ida Lee grounds is not an expense to
the taxpayers since no one had sought to use the grounds for the date in
question
• Change in venue to Ida Lee adds an economic benefit to downtown
businesses
• Journey through Hallowed Ground has brought tourists from Europe that
may not have visited Leesburg except through the Journey's efforts
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Butler absent)
15. COUNCIL COMMENTS
Council Member Hammler: Reminded everyone of the August 19 Friends of the
Thomas Balch Library fundraiser on the War of 1812. She thanked Jim Morgan and the
Balch Commission for the request for a flagpole at the Balch Library. She thanked
Senators Favola and Herring and Delegates May and Minchew for attending the work
session on Monday night.
Council Member Martinez: Wished his oldest daughter a happy birthday.
Council Member Burk: Disclosed a meeting with Ben Leigh concerning a
possible building. She commended the Village at Leesburg for commissioning three
sculptures through the Loudoun Arts Council.
Vice Mayor Wright: stated he is looking forward to break and noted that he will
have a rising high school junior so he will be looking for information on the college
application process.
Council Member Dunn: stated the Journey through Hallowed Ground's expense
for summer kid's camp is high and their productions are a little bloated so he is hesitant
to give them money.
16. MAYOR'S COMMENTS
Mayor Umstattd disclosed a meeting with representatives of Auto Zone on
Monday before the BAR meeting. She stated they will be going to a BAR work session
on a proposed Auto Zone store in Prosperity Shopping Center. She stated she and
Council Member Burk attended the grand opening of the second BB &T. She stated
there is a bbq fundraiser for Final Salute to be held at Fortessa in Sterling.
17. MANAGER'S COMMENTS
No comments.
8 1 Pagc
COUNCIL MEETING July 24, 2012
18. CLOSED SESSION
On a motion by Mayor Umstattd, seconded by Vice Mayor Wright, the following was
proposed:
Pursuant to Section 2.2- 3711(A)(3) of the Code of Virginia, I move that the Leesburg Town
Council convene in a closed meeting for the purpose of receiving information and discussion
regarding Arcadia
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Butler absent)
The Council convened in closed session at 9:02 p.m.
The Council reconvened in open session at 9:07 p.m.
On a motion by Mayor Umstattd, seconded by Vice Mayor Wright, the following was
proposed:
In accordance with Section 2.2 -3712 of the Code of Virginia, I move that Council certify to
the best of each member's knowledge, only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of Information Act and such
business matters as were identified in the motion by which the closed meeting was convened
were heard, discussed or considered in the meeting by Council.
The motion was approved by the following roll call vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Butler absent)
On a motion by Council Member Martinez, seconded by Council Member Burk, the
following was proposed.•
MOTION2012 -019
I move to authorize the Town Manager to execute a settlement agreement with Arcadia
containing the terms presented in the draft settlement agreement.
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Butler absent)
91►���;t
COUNCIL MEETING July 24, 2012
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting
was adjourned at 9:07p. m.
r�
'Kri—sdn C. Umstattd, Mayor
Town of Leesburg
AT E T:
Clerk of you c'
2012 wmin0724
10 1 Page