HomeMy Public PortalAbout2013_tcmin0108COUNCIL MEETING January 8, 2013
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Thomas S. Dunn, Katie Sheldon
Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd.
Council Members Absent: Council Member Dunn arrived at 8:23 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Planning and Zoning Susan Berry Hill, Assistant
Town Manager Scott Parker, Director of Parks and Recreation Rich Williams, Director
of Public Works Tom Mason, Director of Economic Development Marantha Edwards,
Director of Plan Review Bill Ackman, Director of Utilities Amy Wyks, Information
Technology Manager Annie Carlson, Deputy Director of Parks and Recreation Kate
Trask, Deputy Director of Planning and Zoning Brian Boucher, Recreation Program
Manager Linda Fountain, Transportation Engineer Calvin Grow, Senior Planner Mike
Watkins, Business Development Manager Doug Parsons, and Clerk of Council Lee Ann
Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Vice Mayor Kevin Wright
3. SALUTE TO THE FLAG: Council Member Burk
4. ROLL CALL: Showing Council Member Thomas Dunn arriving at 8:23 p.m.
5. MINUTES
a. Work Session Minutes of December 10, 2012
On a motion by Council Member Butler, seconded by Council Member Burk, the
minutes of the work session meeting of December 10, 2012 were approved by a vote of 6 -0-
I(Dunn absent)
b. Regular Session Minutes of December 11, 2012
On a motion by Council Member Butler, seconded by Council Member Martinez,
the minutes of the Regular Session meeting of December 11, 2012 were approved by a vote
of 6- 0- 1(Dunn absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Vice Mayor Wright, seconded by Council Member Butler, the meeting
agenda was approved as presented by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
7. PRESENTATIONS
COUNCIL MEETING
January 8, 2013
a. Certificates of Appreciation for Outgoing Boards and Commission
Members.
On a motion by Council Member Hammler, seconded by Council
Member Martinez, Certificates of Appreciation were approved for the following
outgoing Boards and Commission members in recognition of their service to the
Town of Leesburg:
i. Kevin Sheldon
ii. Sandy Kane
iii. Betsy Mayr
iv. Stephen DeAngioletti
V. Sandra Smallwood
b. Certificate of Appreciation for Nand, Retiree
On a motion by Council Member Hammler, seconded by Council
Member Martinez, a Certificate of Appreciation was approved for Ms. Fixx in
recognition of her 31 years of service to the Town of Leesburg.
C. Certificate of Recognition — FCI Federal
On a motion by Council Member Hammler, seconded by Council
Member Martinez, a Certificate of Recognition was approved for Sharon Virts
Mozer and FCI Federal for their success as a top employer in the Town of
Leesburg.
d. Certificate of Appreciation — Optimists Club
On a motion by Council Member Hammler, seconded by Council
Member Martinez, a Certificate of Appreciation was approved for the Optimists
Club in recognition of their contribution towards the Community Outreach
Christmas Party.
e. Certificate of Appreciation — Lend a Hand Foundation
On a motion by Council Member Hammler, seconded by Council
Member Martinez, a Certificate of Appreciation was approved for the Lend a
Hand Foundation in recognition of their contribution towards the Community
Outreach Christmas Party.
8. PETITIONERS
a. The General Petitioner's Section was opened at 7:43 p.m.
Ernie Carnevale (Blue Ridge Hospice): 723 Galloway Drive. Mr.
Carnevale addressed Council asking for a ban on clothing /shoe collection boxes
that have popped up around town. He noted that donations to those boxes
detract from donations to local assistance agencies and the benefit of those boxes
does not remain in the area. He stated the money earned from resale of the
donations returns as charity care for patients without means to pay.
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COUNCIL MEETING
January 8, 2013
Richard Wolfe (Leesburg Volunteer Fire Company): 103 Old English
Court, SW. Mr. Wolfe thanked Council for their generous contribution to offset
costs of providing services to the community.
The Petitioner's Section was closed at 7:51 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 the Consent Agenda:
a. Requesting VDOT Accept Certain Streets
RESOLUTION 2013 -001
Requesting the Virginia Department of Transportation (VDOT) to Accept Certain
Streets
b. Turn Lane at Sycolin Road/ Tavistock Drive Construction Contract Award
RESOLUTION 2013 -002
Awarding the Construction Contract for the Turn Lane at Sycolin Road and
Tavistock Drive Intersection Improvements Project to General Excavation, Inc. in
the Amount of $899, 523.50
C. Water Pollution Control Facility Clari er Repair Contract Award
RESOLUTION2013 -003
Awarding a Contract to Refurbish Sludge Collector Equipment for the Water
Pollution Control Facility in the Amount of $107,300. 00 to Amwell, Inc.
d. Initiating an Amendment to the Town Code Regarding Council Compensation
RESOLUTION2013 -004
Initiating Amendments to the Town Code, Part Two Section 2 -197 Compensation
for Elected Officials and Appointees to Boards and Commissions
e. Supplemental Appropriation from a Donation from the Optimists Club to the
Community Outreach Program
RESOLUTION 2013 -005
Approving a Supplemental Appropriation from a Donation of $250 from the
Optimist Club of Leesburg to the Community Outreach Program
f. Supplemental Appropriation from Jingle Jam Proceeds
RESOLUTION 2013 -006
Approving a Supplemental Appropriation of $6,611 Resulting from Proceeds of the
2012 Jingle Jam Concerts
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COUNCIL MEETING January 8, 2013
g. Initiating Amendments to the Leesburg Zoning Ordinance regarding Uses
Permitted in Neighborhood Retail Convenience Centers
RESOLUTION2013 -007
Initiating Amendments to Article 8, Article 9, and Article 18 of the Leesburg
Zoning Ordinance to Revise as Part of a Neighborhood Retail Convenience Center
within a PRN— Planned Residential Neighborhood District
h. Loudoun Water Lease Agreement for Automated Metering Infrastructure Antenna
on Carr Tank II
RESOLUTION2013 -008
Authorizing Loudoun Water's Request for Lease Agreement to Install an
Automated Metering Infrastructure Antenna on Carr Tank II
i. Making Appointments and Re- Appointments to the Following Boards and
Commissions:
Airport Commission
RESOLUTION2013 -009
Making Re- Appointments to the Airport Commission
ii. Thomas Balch Library Commission
RESOLUTION 2013 -010
Making Re- Appointments to the Thomas Balch Library Commission
iii. Board ofArchitectural Review
RESOLUTION 2013 -011
Making Appointments and Re- Appointments to the Board ofArchitectural
Review
iv. Commission on Public Art
RESOLUTION 2013 -012
Making Re- Appointments to the Commission on Public Art
Economic Development Commission
RESOLUTION 2013 -013
Making Appointments and Re- Appointments to the Economic
Development Commission
vi. Environmental Advisory Commission
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COUNCIL MEETING January 8, 2013
RESOLUTION 2013 -014
Making Re- Appointments to the Environmental Advisory Commission
vii. Parks and Recreation Commission
RESOLUTION2013 -015
Making Appointments and Re- Appointments to the Parks and Recreation
Commission
viii. Planning Commission
RESOLUTION2013 -016
Making Appointments and Re- Appointments to the Planning Commission
ix. Technology and Communication Commission
RESOLUTION2013 -017
Making Appointments and Re- Appointments to the Technology and
Communication Commission
X. Tree Commission
RESOLUTION2013 -018
Making Appointments and Re- Appointments to the Tree Commission
xi. Standing Residential Tragic Committee
RESOLUTION2013 -019
Making Re- Appointments to the Standing Residential Traffic Committee
xii. UtilitkRate Advisory Committee
RESOLUTION 2013 -020
Making Appointments and Re- Appointments to the Utility Rate Advisory
Committee
j. Youth Job Fair
MOTION 2013 -002
I move that the Town Council authorize town staff to initiate and coordinate the
necessary steps to hold a youth career expo at ProJet on Saturday, March 1 6" from
12 -3 p.m., and I further move that the Town will promote and highlight Virginia
state job fair programs designed for adults
k. Newtown Memorial Tree Planting
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COUNCIL MEETING January 8, 2013
MOTION2013 -001
To authorize a planting of a White Oak tree near the playground at Ida Lee Park
as a memorial to the victims in the tragic shooting incident on December 14, 2012
in Newtown, Connecticut, at the Sandy Hook Elementary School
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
10. PUBLIC HEARINGS
a. Town Manager's Public Hearing Regarding Permit Parking for Cornwall
Street
The public hearing was opened at 7:58 p.m.
Calvin Grow stated that the residents of Cornwall Street, NE, have
requested a permit parking zone on their street. He noted preliminary survey
conducted by the Department of Public Works in August indicated the issue
meets Town Code standards in regards to permit parking — 75% or more of the
parking is occupied during the hours of 11 a.m. to 3 p.m. He stated Public
Works will resurvey the area and based on the results of the two surveys and the
input from tonight's public hearing, a recommendation will be made to the Town
Manager.
Council Member Questions /Comments:
• How many residences are affected?
Staff answer: Three residences signed the petition and there are four
houses on the street.
• Will this be on both sides of the street?
Staff answer: Street parking is only on one side of the street.
Kathryn Fontaine: 108 Cornwall Street, NE. Ms. Fontaine requested
that the Town Council approve the permit parking for Cornwall Street between
Church Street and Slack Lane, NE. She stated during the daytime hours it is
extremely difficult to park on Cornwall Street because of court parking.
The public hearing was closed at 8:02 p.m.
Mr. Wells stated he would make a determination and notify the residents
of his decision.
b. Rezoning TLZM 2011 -0004 Potomac Station Proffer Amendment
The public hearing was opened at 8:02 p.m.
Michael Watkins gave a brief presentation on the request for a Concept
Plan and Proffer Amendment for Potomac Station Mixed Use Parcel B.
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COUNCIL MEETING January 8, 2013
Key Points:
• Would delay closure of the Battlefield Parkway median break
• Creates a single set of proffers
• Memorializes density restrictions on the property
• Originally rezoned as Harper Park ZM -134
• Amended by ZM -154
• Current trigger for removal of Battlefield Parkway access point is the
completion of Battlefield Parkway to Edwards Ferry Road
• Proposed proffer would require an every three year scoping meeting to
determine whether a new traffic analysis is warranted
• Median break will be closed if level of service is less than D in traffic
analysis
• Construction of Battlefield Parkway /Route 7 interchange will close
median break, but gives applicant the opportunity to demonstrate to
VDOT that the entrance could remain open
• Planning Commission and staff recommend approval
Council Comments/ Questions:
• Who pays for traffic analysis, if required?
Staff answer: Applicant
Steve Teats, Potomac Station E &A, LLC, stated he is here to answer
questions.
There were no members of the public wishing to address this public
hearing.
The public hearing was closed at 8:10 p.m.
On a motion by Council Member Burk, seconded by Council Member Butler, the
following was proposed:
ORDINANCE 2013 -0 -001
Approving Concept Plan and Proffer Amendment TLZM 2011 -0004, Potomac
Station Parcel B, by Amending ZM -154 to Delay the Closing of the Battlefield
Parkway Median Break, Memorialize the Density Restrictions as Established by
ZM -154, and Create a Single Set of Proffers Applicable to Applicant's Property
(Parcel B)
Council Comments /Questions:
• Provides an understandable reason for closing Battlefield Parkway median
break
• Housekeeping item
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
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COUNCIL MEETING January 8, 2013
Nay: None
Vote: 6-0-1 (Dunn absent)
11. RESOLUTIONS AND MOTIONS
a. Appointing a Vice Mayor
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following was proposed.•
RESOLUTION2013 -021
Appointing a Vice Mayor
Council Comments/ Questions
• Appointment is for two years
• Thank you to Kevin Wright for service as Vice Mayor
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
b. Making Councilmanic Appointments
On a motion by Council Member Hammler, seconded by Council Member Dunn,
the following was proposed.•
MOTION
Discontinue Councilmanic Liaisons to Boards and Commissions
Council Comments/ Questions:
• Council Member nominees facilitate communication to the commission
• Commissions bring annual reports to Council to facilitate communication
• Would like to see commissions rearranged
• Main role is to communicate to the commissioners; sends a message that
Council doesn't care what they are doing
• Temptation to reduce the number of meetings required of Council
Members
Council Member Martinez made a motion to postpone to the next work session
meeting. The motion was seconded by Council Member Dunn.
Council Comments /Questions:
• No Council Member should feel guilted into attending Boards and
Commission meetings
• Concern over commission structure
• Intention is to raise expectations that Council Members will be more
actively involved
• Not enthusiastic about discussing commission structure
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COUNCIL MEETING January 8, 2013
• Against having Councilmanic representatives for only some commissions
Motion to postpone was approved by the following vote:
Aye: Butler, Dunn, Martinez, and Mayor Umstattd
Nay: Burk, Hammler and Wright
On a motion by Vice Mayor Butler, seconded by Council Member Martinez, to
approve the outside organization Councilmanic appointments.
RESOLUTION2013 -022
Making Councilmanic Appointments
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Ilammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
C. Loudoun Community Health Center Signage
Chris Murphy gave a brief presentation on the request for a sign permit
under the Unusual Site Constraints section of the Zoning Ordinance.
Key Points:
• Zoning Administrator may issue sign permits that do not comply with the
Zoning Ordinance if it is found by the Town Council that unusual site
constraints exist
• Site is situated at the end of Fort Evans Road with limited visibility to the
Bypass because of location between two tall buildings
• User base is county -wide so bypass will be a major access road
On a motion by Council Member Burk, seconded by Council Member Wright, the
following was proposed.•
RESOLUTION2013 -023
Authorizing the Issuance of a Sign Permit Pursuant to Zoning Ordinance Section
15.9.7 Unusual Site Constraints for the Healthworks of Northern Virginia Situated
at 163 Fort Evans Road, NE, on Property Identified by Loudoun County Land
Records as Parcel Identification Number 188 -19 -2257
Council Comments/ Questions:
Will allow Health Works to mitigate unusual building site constraints that
prohibit effective signage
Complies with intent of Zoning Ordinance Article 15, Signs
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright, and Mayor Umstaud
Nay: None
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COUNCIL MEETING January 8, 2013
Vote: 7 -0
d. Amending the Town Plan and Crescent District Master Plan
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed.•
RESOLUTION2013 -024
Adopting TLTA 2012 -0001 Crescent District Amendments, Amendments to the
Town Plan and Crescent District Master Plan
Council Comments /Questions (refer to all actions related to Crescent
Design District):
• Step forward for the town; fair and safe compromise
• Not 100% happy with this, but it is a move in the right direction
• Changes will protect the town financially and provide significant
incentives for developers to create infill projects downtown that will help
downtown businesses
• This is an important change to revitalize the downtown
• Document is a compromise that brings progress forward
• Need design standards in other areas of town
• Concern over increased density
• Competition will suck the vibrancy out of the downtown
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez and Wright
Nay: Dunn and Mayor Umstattd
Vote: S -2
12. ORDINANCES
a. Amending the Leesburg Zoning Ordinance to Establish the Crescent
Design Zoning District
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed:
ORDINANCE 2013 -0 -002
To Amend Leesburg Zoning Ordinance Section 710 and Articles 7, 9, 11, and 10
to Establish the Crescent Design Zoning District
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez and Wright
Nay: Dunn and Mayor Umstattd
Vote: 5 -2
b. Amending the Official Zoning Map to Establish the Crescent Design
Zoning District
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COUNCIL MEETING January 8, 2013
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed:
ORDINANCE 2013 -0 -003
To Amend the Leesburg Official Zoning Map to Rezone Certain Parcels from the
B -1, B -2, B -3, PRN, R -6, R -8 Zoning Districts and the H -1 and H -2 Overlay
Zoning Districts to Establish the Crescent Design Zoning District
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez and Wright
Nay: Dunn and Mayor Umstattd
Vote: 5 -2
C. Amending the Design and Construction Standards Manual
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed. -
ORDINANCE 2013 -0 -004
To Amend Leesburg Design and Construction Standards Manual Articles 5, 8,
and Appendix A to Establish Consistency with Crescent Design District
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez and Wright
Nay: Dunn and Mayor Umstattd
Vote: 5 -2
d. Amending the Subdivision and Land Development Regulations
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed.•
ORDINANCE 2013 -0 -005
To Amend Leesburg Subdivision and Land Development Regulations Divisions 2,
3, and 5 to Establish Consistency with the Crescent Design District
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez and Wright
Nay: Dunn and Mayor Umstattd
Vote: 5 -2
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
15. COUNCIL COMNVIENTS
Council Member Dunn: Had no comments.
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COUNCIL MEETING January 8, 2013
Council Member Wright: Disclosed a conversation with the owner's
representative of the Exeter Commercial Center. He stated Relay for Life is on June 1
and the kick off with start with the Relay Rally on January 9, from 5 p.m. to 8 p.m. at
Deli South. Congratulated Mr. Butler on his appointment as Vice Mayor.
Council Member Burk: Wished Nancy Fixx farewell. She stated the retirement
party at Ida Lee was very nice. She stated the Mayor and Council Member Martinez
attended the Leesburg Volunteer Fire Department gala with her. She stated she
participated in the Oatlands Emancipation Proclamation ceremony, which was very
interesting and inspiring.
Council Member Martinez: Apologized for being absent due to sickness at
Monday's work session. He stated he would like to talk about bicycle lanes and
speeding on Plaza Street as well as permit parking for the area around the apartments.
He congratulated Karen Dilley on her appointment as Human Resources Manager and
wished Nancy Fixx well in her retirement. He noted the Swearing In Ceremony was
very nice with good attendance. He stated his original fears about voting in November
have proven to be unfounded. He stated he would like to see a discussion on impact fees
versus proffers. He disclosed he met with the Exeter Commercial Center
representatives.
Council Member Hammler: Disclosed a telephone conversation about the Exeter
Commercial Center. She congratulated Mr. Butler on his appointment as Vice Mayor.
She congratulated Nancy Fixx on her retirement and noted she did a great job helping
the Council chose a new town manager. She thanked staff, particularly Mary Frye, for
her work on the Swearing In Ceremony. She thanked all the volunteers that have given
their time to the town. She congratulated Sharon Virts Mozer for her accomplishments.
She congratulated Stanley Caulkins and Caulkins Jewelers for their 62 year anniversary.
She stated that VDOT did not approve the flashing pedestrian lights at the Bypass /South
King Street crossing. She stated that they are waiting for approval of the rumble strips
and thanked Tim Schott for staying involved on these safety issues. She thanked staff,
the Mayor, and Kevin Wright for digging into the Zimmerman issues on Wirt Street.
She stated there was a great presentation at the County EDC meeting regarding the
importance of being in a downtown location for commercial development. She stated
the quality of the downtown will drive quality commercial development.
Vice Mayor Butler: Thanked Council for their support for his appointment as
Vice Mayor. He complimented staff on the Swearing In ceremony. He stated he will
miss the outgoing commissioners, but believes the incoming commissioners will do a
great job as they are well- suited for their appointments. He stated he attended the
retirement celebration for Nancy Fixx and it is nice to see an organization where
employees stay for a long time. He stated there needs to be an alternative to
Councilmanic liaisons if they are eliminated.
16. MAYOR'S COMNMNTS
Mayor Umstattd thanked Council Member Wright for his service as Vice Mayor.
She stated the Fire Department banquet was very nice and they were appreciative of the
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COUNCIL MEETING
January 8, 2013
town's continued support of the fire department. She thanked Frank Knauer and Phil
Rusciolelli for organizing a successful Sweats for Vets campaign. She stated they
packaged and transported about 600 sweat suits to the vets at the Martinsburg facility.
She stated she was very impressed by how appreciative they were of the effort. She
thanked the Knights of Columbus for their efforts collecting the most sweatsuits. She
thanked Nancy Fixx for her years of service and congratulated Karen Dilley on her
appointment.
17. MANAGER'S COMMENTS
Mr. Wells stated VFW Post 1177 has established an Honor Guard and he has
approved a request to allow military burials at Union Cemetery that include a 7 and 21
gun salute. He noted surrounding residents will be notified whenever the salutes will
occur. He congratulated the re- elected Council Members. He congratulated Nancy
Fixx on 31 wonderful years with the Town. He thanked everyone who worked on those
two events. He thanked Council Member Wright for his service as Vice Mayor.
He noted that the County's Finance Committee voted to move forward with the
design and hiring of an architect to begin working on the Courts expansion at the
downtown location. He stated the full Board will vote on this next week.
18. CLOSED SESSION
On a motion by Mayor Umstattd, seconded by Council Member Martinez, 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:
a. Loudoun Water Raw Water Intake
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 7 -0
Council convened in closed session at 9:42 p.m.
Council reconvened in open session at 9:55 p.m.
On a motion by Mayor Umstattd, seconded by Council Member Martinez, 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 public 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.
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COUNCIL MEETING January 8, 2013
The motion was approved by the following roll call vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the meeting
was adjourned at 9:55p. m.
Kristen C. mstand, Mayor
Town of Leesburg
S:
Clerk of Cou c'
2013 tcmin0108
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