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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. 2 1 P� 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 3 1 17 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 4 1 Page 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 5 lf�t� 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. 6 1 Page 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 7 1 Page 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 8 1 P 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 9 Page 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 10 1 Page 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. 11 Page 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 12 1 Pane 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. 13 1 Pa,, e 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 14 Pay e