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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