The URL can be used to link to this page

Home My Public Portal About2013_tcmin0423 COUNCIL MEETING April 23, 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 7:38 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Utilities Amy Wyks, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Hammier 3. SALUTE TO THE FLAG: Council Member Burk 4. ROLL CALL: Showing Council Member Dunn arriving at 7:39 p.m. 5. MINUTES a. Special Session Minutes of April 8, 2013 On a motion by Council Member Hammier, seconded by Vice Mayor Butler, the _._. minutes of the Special Session meeting of April 8, 2013, were approved by a vote of 6-0-1. b. Work Session Minutes of April 8, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Wright, the minutes of the Work Session meeting of April 8, 2013, were approved by a vote of 6-0-1. 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Martinez, seconded by Vice Mayor Butler, the meeting agenda was approved as presented by the following vote: Aye: Burk, Butler, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) 7. PRESENTATIONS a. Proclamation—National Tourism Week On a motion by Council Member Hammier, seconded by Vice Mayor Butler, the following Proclamation was made and presented to Patrick Kaler, Visit Loudoun: 1 Page COUNCIL MEETING April 23, 2013 PROCLANLI. TION National Travel& Tourism Week May 4-12 2013 WHEREAS travel is among the largest private-sector employers in the United States, supporting 14.4 million jobs in 2011, including 7.5 million directly in the travel industry and 6.9 million in other industries; WHEREAS international travel to the United States is the nation's largest single export industry—greater than the export of business services, machinery, computer and electronic products, motor vehicles and agriculture. In 2011, travel generated$152.4 billion in exports, creating $42 billion in balance of travel trade surplus for the U.S.; WHEREAS travelers' spending directly generated tax revenues of $124 billion for federal, state and local governments, funds used to support essential services and programs; WHEREAS, the tourism industry contributes substantially to the Leesburg community's cultural and social well being by way of the attractions, special events, arts, shopping and dining opportunities; and WHEREAS leisure travel, which accounts for more than three- quarters of all trips taken in the United States, spurs countless benefits to travelers' creativity, cultural awareness, education, happiness, productivity, relationships and wellness; WHERAS, each Leesburg household receives more than$146.51 annually in combined Town and County tax relief as a result of visitor spending; and WHEREAS, 37 group bookings were made in 2012 which alone generated more than$2,397,930 in direct visitor spending to the Town of Leesburg; and WHEREAS travel is a catalyst that moves the national economy forward; PROCLAIMED this 23rdday of April, 2013. 21Page COUNCIL MEETING April 23, 2013 b. Bid Opening—Carr Tank 2 Antenna Mayor Umstattd called for bids from the floor for lease of telecommunication antenna space on Can Tank 2. There were no bids from the floor. c. Proclamation—Walking for Water Day On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following Proclamation was made and presented to Kelsi Faley, Heritage High School student: PROCLAMATION Walking for Water Day May 11, 2013 WHEREAS, people in Burkina Faso do not have water; and WHEREAS, starting at the age of 3, children, teenagers, and adults walk 4-6 hours a day to get fresh water; and WHEREAS, the difficulty of this situation is not just about water; and WHEREAS, people have many afflictions as a result of drinking from mud puddles laden with toxins and bacteria; and WHEREAS, the bigger problem is there is no time for education since they are always walking to get fresh water; and WHEREAS, one well can change the lives of 1000 people forever, affording them health and the time to be educated and build businesses; and WHEREAS, May 11t is the 10th Anniversary of Walking for Water here in Leesburg, an event started in 2004 by Kristen Karinshak, a student of Heritage High School; and WHEREAS, as a result of Kristen's initial efforts, for the past 10 years people of all ages come from all over the world, including students from Leesburg's Heritage, Stone Bridge, and Tuscarora High Schools; Harper Park, Frances Hazel Reid, and Tolbert Elementary Schools to raise money to dig wells for people in Burkina Faso; and WHEREAS, students each year get involved to plan and run this grass roots, 800 people strong 5K/10K Festival as well as raising money from private citizens and local businesses. 3 I P j r COUNCIL MEETING April 23, 2013 NOW, THEREFORE, be it resolved by the Council of the Town of Leesburg in Virginia that May 11`'' as Walking for Water Day in Leesburg in support and honor of the hard work and initiative for the past 10 years by people of all ages from all over the world, including students from Leesburg's Heritage, Stone Bridge, and Tuscarora High Schools; Harper Park, Frances Hazel Reid, and Tolbert Elementary Schools to raise money to dig wells for people in Burkina Faso. PROCLAIMED this 23rd day of April, 2013. d. Presentation— Commission on Public Art Thomas O'Neil, Chair of the Leesburg Commission on Public Art (COPA), reported to Council that the Commission had a special meeting on Saturday, April 13 to discuss the mural project. He stated they decided that they would like to re-bid the project. He stated the submission that was chosen by the selection panel would cost over$80,000, which was more than the Friends of Leesburg Public Art felt that they could raise. He stated that the COPA felt they should rewrite the Request for Proposals with a budget limit of$50,000. Jeanette Irby, staff liaison to the COPA, stated that they will be working with the Procurement staff. 8. PETITIONERS a. The Petitioner's Section was opened at 7:49 p.m. Randy Minchew, Virginia House of Delegates, reviewed the activities of the General Assembly and the bills that were requested by Leesburg as part of the Legislative Agenda. Council Member Hammier stated next year's legislative agenda will contain a request to clean up the laws regarding appraisals when public entities purchase easement rights. Gladys Lewis, President-Leesburg Garden Club, discussed legislation that allows localities to collect signs left in right of ways. She encouraged the town to follow the example of some localities, including Fairfax County, which has set up programs to collect the signs and fine the violators. Council Member Burk requested that this idea be pursued further at a work session. The Petitioner's Section was closed at 8:11 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Burk, seconded by Vice Mayor Butler, the following items were moved for approval as the Consent Agenda: 41 Page COUNCIL MEETING April 23, 2013 a. Support for Law Camp RESOLUTION 2013-051 Town Council Support for Leadership in the Law Camp 2013 b. Initiating Amendments to the Town Code regarding Actions Taken by the General Assembly RESOLUTION 2013-052 Initiating Amendments to the Town Code to Address Changes to the Code of Virginia Enacted During the 2013 Session of the Virginia General Assembly c. Church Street Improvements—Construction Contract Award RESOLUTION 2013-053 Awarding the Construction Contract for the Church Street Improvements Project to Arthur Construction, Co., Inc., in the Amount of$175,456.50 d. Next Town Hall Art Gallery Exhibit—Ken Sullins RESOLUTION2013-054 Town Hall Art Gallery—Approval of the Next Art Gallery Exhibit by Ken Sullins Ken Sullins Photography e. Short-Term Lease Agreement with Shirley Contracting for Staging Area for Sycolin Flyover Project RESOLUTION 2013-055 Approving a Short-Term Lease of Town Property, PIN 233-20-3672, by Shirley Contracting Company, LLC,for the Staging of Construction Office Trailers for the Sycolin Road Overpass Project Council Member Hammier disclosed that her daughter would be attending Law Camp this summer. The Consent Agenda was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Amending Articles 9 and 18 of the Leesburg Zoning Ordinance Regarding Neighborhood Retail Convenience Centers The public hearing was opened at 8:18 p.m. 5 I Page COUNCIL MEETING April 23, 2013 Chris Murphy gave a brief presentation for the proposed text amendment concerning neighborhood retail convenience centers in the PRN zoning district. Key points: • Text amendment would add flexibility to the uses allowed in a neighborhood retail convenience center in a PRN district • Amendment would better clarify what uses are intended in the center • Planning Commission recommended approval • Would affect three neighborhood retail convenience centers (Exeter, Tavistock and Greenway) located in the Town of Leesburg • Would eliminate ambiguity about uses • Added service stations permitted by special exception • Staff recommends changes as proposed Council Comments/Questions: • Are grocery stores/drug stores, etc. permitted uses or not permitted uses? Staff answer: Proposed amendment currently retains office uses, service uses, and retail stores as well as professional offices. • Does a grocery store count as convenience food store? Staff answer: Convenience food store is more of a 7-11 type store versus a Giant, but a small grocery store would be appropriate • There is a difference between a drug store and a pharmacy—drug stores are small versions of a department store • What, specifically, does retail use contain? Staff answer: Zoning ordinance contains the definition of retail use. Trying not to include retails uses outside the zoning ordinance definition. • What is the difference between automotive repair facility and service station? Staff answer: Service stations sell gasoline, vehicle and equipment repair facilities only repair vehicles • Would like to have both those uses removed. • Should it be stipulated that pharmacies would be without drive thrus? Staff answer: Currently, the zoning ordinance permits pharmacy with drive-ins by right because the volume of traffic is minimal. • Why are veterinary hospitals excluded? Staff answer: This is a planned residential district. Other veterinary facilities are located in commercial districts Sandy Grossman, Exeter Home Owners Association, stated the concept of neighborhood is what caused him to speak at this public hearing. He stated they are looking for retail uses that serve the neighborhood. He stated the neighborhood is nervous about the size of the possible uses. Would welcome removal of gas stations as an allowed use. He asked Council to carefully consider what is defined as the maximum allowable square footage. 6 I Page COUNCIL MEETING April 23, 2013 Kimberlee Welsh Cummings, stated she represents the owner of the shopping center. She stated they appreciate staff and Council efforts thus far. She stated they are concerned about a 15,000 square foot limitation. She stated the use will generate traffic issues, not necessarily square footage as numerous small tenants may create more trip generation. She stated their belief that 15,000 is a reasonable size for the neighborhood center. Further, she noted that the owners are having difficulty maintaining and attracting new tenants, thus it is in the town's best interest to get that center occupied and viable. Jeff Dee, Executive Director, Loudoun Habitat for Humanity, stated he understands that Council cannot set policy for just one entity and he further stated he understands the desire to protect the neighborhood. He stated that Habitat did a market study for Loudoun County which identified this area as a good location for a retail outlet. He asked Council to evaluate this on the basis of use, not square footage. On a motion by Council Member Hammier, seconded by Council Member Burk, the following was proposed: ORDINANCE 2013-0-010 Amendments to Article 9 and Article 18 of the Leesburg Zoning Ordinance to Revise the Definition Pertaining to the Uses that are Permissible to be Included as Part of a Neighborhood Retail Convenience Center within Planned Districts Further, adding pharmacies without drive through,grocery, and removing Item B. Council Member Comments: • Is an accountant an office or a financial use? Staff answer: Likely an office use. • Have no concerns with 12,000 square foot uses • What will happen at the end of the lease term? Speaker answer: Habitat may want to renew but cannot commit to a lease term longer than five years • Have to consider how this impacts the entire town • Why would worship services not be considered as a use for this type of center? Staff answer: Can be added as a by-right use, although it was not advertised for this public hearing • If centers are limited to only neighborhood uses, these centers will fail • Market will dictate what type and size of businesses that will be successful in this type of center • Commercial tenants do not like to guess whether something is permitted • Habitat for Humanity offers a needed resource for families with limited income 7IPage COUNCIL MEETING April 23, 2013 Mayor Umstattd offered an amendment to change the square footage limitation to 15,000 square feet. The motion to amend was seconded by Council Member Wright. Council Comments: • Making policy based on a single business is dangerous The amendment to increase the size limitation was approved by the following vote: Aye: Butler, Dunn, Wright and Mayor Umstattd Nay: Burk, Hammier, and Martinez Vote: 4-3 Council Comments: • Question as to whether striking gas stations is allowable under the current advertisement Staff answer: Should leave language the way it is currently rather than striking it. • Would support tabling because this is getting further away from "neighborhood" uses Council Member Wright offered a motion to restore "B"to the main motion— which would allow a service station by special exception. The motion was seconded by Council Member Dunn and approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote 7-0 The main motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Wright and Mayor Umstattd Nay: Burk and Martinez Vote: 5-2 11. RESOLUTIONS AND MOTIONS a. Support for Youth Job Fair On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following was proposed: MOTION2013-021 Town Staff is directed to include the Youth Career Expo in the Economic Development Work Program and budget for future years for an estimated cost of $3,800 Council Member Comments: • Recent youth job fair was very successful • Youth who are gainfully employed are less likely to cause public safety problems • Would like to extend to adults as well 8 I Page COUNCIL MEETING April 23, 2013 The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. Authorizing Settlement Agreement On a motion by Council Member Wright, seconded by Vice Mayor Butler, the following was proposed: MOTION 2013-022 Authorizing the Town Manager to execute the settlement agreement as it relates to International Pavillion Co. and to resolve the remaining legal issues as set forth in the agreement The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None. Vote: 7-0 15. COUNCIL COMMENTS Council Member Wright— Congratulated staff on a well-done Flower and Garden Festival. He stated the Government Steps Relay for Life team has started fundraising. Council Member Hammier—Agreed that Flower and Garden was a wonderful weekend that shows off what is wonderful about Leesburg. Council Member Martinez —Disclosed meetings with Sycolin Commons and Exeter Center representatives. He stated the Relay For Life Pie in the Face Fundraiser will be held on May 1 at 5:30 p.m. on the Town Green. He stated the Donations for Dogs fundraiser raised $900. He stated Leesburg Auto Show will be held on June 1. Council Member Burk— stated on April 14, she spoke before a group of high school students that would like to be future ambassadors and will be traveling to England, Ireland, and France. She stated she participated in the ribbon cutting for Japanese Kitchen, which serves wonderful food. She stated on Wednesday, April 24 Sustainability in Loudoun will be holding an award ceremony for the students that won in the Science Fair at Rehau from 6-9 p.m. She disclosed a meeting with Mr. Painter regarding the Sycolin Commons project. She stated the Flower and Garden Show was 9 1 Page COUNCIL MEETING April 23, 2013 wonderful. She thanked everyone who participated in the Keep Leesburg Beautiful challenge as everyone needs to be better stewards of the land and help keep it clean. She noted that the event runs through the end of April and gloves and bags are available through the Town office. Council Member Butler—stated he had the opportunity to visit Terry Moyes class at Smarts Mill for a project with Randy Minchew. He stated the Tree Commission gave out over 1,000 trees at the Flower and Garden Show. 16. MAYOR'S COMMENTS Mayor Umstattd noted that Council Member Butler participate in planting the London Plane tree at Heritage High School. She thanked the Heritage High School SCA for their contribution. She disclosed a meeting with Andrew Painter and other members of the Walsh Colucci team on the Sycolin Crossing and Exeter Retail proposals. 17. MANAGER'S COMMENTS Mr. Wells thanked all the departments that participated in the successful Flower and Garden Show. He noted that attendance was estimated at 33,000. He stated the Mason Enterprise Center is 100% leased. Further, he noted that the staff team is already planning for next year's Keep Leesburg Beautiful challenge. 18. CLOSED SESSION Council did not feel that the closed session was necessary. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the meeting was adjourned at 10:17p.m. Knns enn C. U stattd, Mayor Town of Leesburg AT :S . . .�/A _ Clerk of •� 2013 tcmin0423 10 I P a g