HomeMy Public PortalAbout2013_tcmin0514 COUNCIL MEETING May 14, 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
---" Hammier, Marty Martinez, Kevin Wright and Mayor Umstattd-
Council Members Absent: Council Member Martinez arrived at 7:32 p.m. Council
Member Dunn left the meeting at 10:05 p.m. Mayor Umstattd left the meeting at 10:36
p-m-
Staff-Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Utilities Amy Wylcs, Director of Public Works Tom
Mason, Chief of Police Joseph Price, Director of Economic Development Marantha
Edwares, and Clerk of Council Lee Ann Green
AGENDA ITEMS
1- CALL TO ORDER
2_ IIVVOCATION: Council Member Dunn
3_ SALUTE TO THE FLAG: Council Member Martinez
4_ ROLL CALL: Showing Council Member Martinez arriving at 7:32 p.m.
5_ MIIVLITES
— a- Regular Session Minutes of April 9, 2013
On¢motion by Council Member Burk, seconded by Vice Mayor Butler, the
minutes of the Regular Session meeting of-Apra 9, 2013, were approved by a vote of-6-0-1
CMczrtiszez absentJ-
b- Work Session Minutes of April 22, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Wright, the
minutes of the Work Session meeting of April 22, 2013, were approved by a vote of 6-0-1
(Martiszez absent)-
c- Regular Session Minutes of April 23, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Burk, the
minutes ofthe Regular Session meeting of April 23, 2013, were approved by a vote of 7-0.
6_ ADOPTING THE MEETING AGENDA
On the motion of Member Martinez, seconded by Vice Mayor Butler, the meeting
agenda was approved as presented by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote- 7-0
7_ PRESENTATIONS
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COUNCIL MEETING May 14, 2013
a. Certificate of Recognition—Healthworks NOVA—LEED Gold Award
On a motion by Council Member Burk, seconded by Vice Mayor Butler, a
Certificate of Recognition was presented to Healthworks NOVA in recognition of their
achievement of a LEED Gold Award for their building located at 163 Fort Evans Road,
NE.
b. Certificate of Recognition—Home Depot
On a motion by Council Member Burk, seconded by Vice Mayor Butler, a
Certificate of Recognition was presented to Home Depot in recognition of their efforts to
build a handicap ramp for a handicapped town resident.
c. Tolbert Awards—Tolbert Awards were presented to the Loudoun County
High School Ecology Club for their Blue Bird Nesting Program and Chick-fil-A
as well as a Certificate of Appreciation to the Women's Club of Loudoun for
their financial support of the Ecology Club.
d. Proclamation—National Police Week
On a motion by Council Member Burk, seconded by Vice Mayor Butler, the
following was proclaimed:
PROCLAMATION
NATIONAL POLICE WEEK
May 12—May 18, 2013
WHEREAS, the Congress and the President of the United States have
designated May 15 as Peace Officers Memorial Day, and the week in which May
15 falls as National Police Week; and
WHEREAS, during this National Police Week, the names of 120 law
enforcement officers who made the ultimate sacrifice in 2012 will be added to the
Law Enforcement Memorial; and
WHEREAS, the members of the Leesburg Police Department play an
essential role in safeguarding the safety, rights and freedoms of the citizens of
Leesburg; and
WHEREAS, it is important that all citizens know and understand the
duties, responsibilities, hazards, and sacrifices of their law enforcement agency;
and
WHEREAS, it is equally important that the members of our law
enforcement agency recognize their duty to serve the people by safeguarding life
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COUNCIL MEETING May 14, 2013
and property, by protecting them against violence and disorder, and by protecting
the innocent against deception and the weak against oppression.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia wish to honor and to thank the members of the Leesburg Police
Department for dedicated service to their community and to remember and
honor as fallen heroes those law enforcement officers who, through their
courageous deeds, have made the ultimate sacrifice in service to their
community.
PASSED this 14th day of May, 2013.
e. Proclamation—Relay for Life
On a motion by Council Member Burk, seconded by Vice Mayor Butler, the
following was proclaimed:
PROCLAMA. TION
American Cancer Society's Western Loudoun Relay for Life
June 1-2, 2013
WHEREAS, 2013 marks the 29th Anniversary of Dr. Gordy Klatt's first
step of his 24-hour walk/run around a track in Tacoma, Washington which raised
$27,000 to support the American Cancer Society in May 1985; and
WHEREAS, the following year, 220 supporters on 19 teams joined Dr.
Klatt in this overnight event, and the American Cancer Society Relay for Life was
born; and
WHEREAS, each of the more than 4,800 Relays nationwide is a fun-
filled, overnight event that mobilizes communities to raise money for the fight
against cancer; and
WHEREAS, this event celebrates the lives of those who have battled cancer
as the strength of survivors inspires other to continue the fight, remembers loved
ones lost to the disease and allows people who have walked alongside those
battling cancer to find healing and allows participants to fight back and put an end
to the disease; and
WHEREAS, the Western Loudoun Relay for Life is being held on June 1-
2, 2013 at Heritage High School in the Town of Leesburg; and
WHEREAS, the theme for the 2013 Relay for Life is "Calling all Super
heros"; and
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COUNCIL MEETING May 14, 2013
WHEREAS, the Western Loudoun Relay for Life is celebrating its 14th
Anniversary this year and has raised over $2,135,013 to aid in the fight against
cancer since 2000.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby congratulate the organizers and participants of the Western
Loudoun Relay for Life and urge the citizens of the Town of Leesburg to support
the American Cancer Society.
PROCLAIMED this le day of May, 2013.
f. Presentation—Cross Connection and Backflow Audit
Amy Wyks introduced Barry Walters from Hydro Designs, Inc., the town's
independent auditor of the Cross Connection and Backflow program.
Mr. Walters presented the audit to Council.
Key Points:
• Current program includes all the main components
• Suggest updating the existing ordinance to bring it up to date with current
standards
• Suggest cut and cap for unused sprinkler systems
g. Presentation—Watershed Committee Recommendations for Regulatory
Amendments to Promote Low Impact Design
Neely Law presented the recommendations put forth by the Watershed
Committee for Low Impact Development(LID).
Key Points:
• Can be referred to as green infrastructure or environmental site design
• Goal is to reduce stormwater runoff
• Two possible forms— Capture and Treat such as rain gardens,
bioretention, swales, that accept and treat run off.
• Other form—environmental site design which includes land development
practices that reduce the amount of impervious cover through
development or redevelopment
• These efforts will complement the efforts to reduce the Total Maximum
Daily Load (TMDL) and meet the Virginia MS-4 permit and stormwater
management requirements
• Recommendations are preventive in nature and include:
o Address stormwater management at the beginning of the land
development process with the development of a concept plan
o Re-evaluate the town's minimum parking standards and define
maximum parking standards
o Provide landscaping and open space credits for greenspace
o Examine opportunities for structured parking within the Town of
Leesburg
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COUNCIL MEETING May 14, 2013
o Develop innovative parking lot designs to maximize the use of
vegetation as either part of stormwater management or as landscaping
credits
o Define minimum parking standards for alternative transportation—
such as bicycles and electric vehicles
• Request that Council accept the recommendations and begin the process
of adopting LID in the Town of Leesburg
h. Presentation—Viewing Daily Water Usage
Amy Wyks demonstrated the Daily Water Usage application available on
the town's website to all water customers.
8. PETITIONERS
a. The Petitioner's Section was opened at 8:14 p.m.
Bob White, stated he represents Courthouse Square and has studied the
King Street design options. He urged Council to choose Plan A to expand the
infrastructure improvements.
Michael O'Connor, stated the King Street project should have focused on
what would be given to the merchants, not what would be taken away. He stated
that Plan A would revitalize the downtown.
Alan Hansen, encouraged the Council to support dining on the street in a
"flex" lane.
Milt Herd, 303 Riding Trail Court, stated he was speaking as an
individual citizen, not as a member of the Planning Commission. He urged
Council to take the time to find a plan that everyone can agree on.
Ann Meeks, stated she is a non-restaurant business owner on North King
Street. She offered the example of New Orleans outside dining as an economic
benefit for the city.
Jim Sisley, stated he has been involved with the downtown for the past ten
years. He stated he has great respect for the historic nature of this community;
however, times change and outside dining is important for restaurant owners.
Further, he noted the town will benefit from increased meals tax revenue.
Peter Arundel, stated he is the publisher/owner of the Loudoun Times
Mirror at 9 East Market Street. He stated he has no direct interest in the King
Street corridor. He stated he sees preservation and sustainability as inextricably
linked. He congratulated the town on a successful Flower and Garden Show.
Darius Saiedi, stated he believes the addition of the wider sidewalks will
be beneficial to town and the businesses along King Street as they will directly to
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COUNCIL MEETING May 14, 2013
growth of those businesses and additional tourism. He stated he and his father
support Plan A.
Fabian Saiedi, stated his support for Plan A. He stated heavy foot traffic
on weekends causes pedestrians to have to walk in the street and urged wider
sidewalks for safety reasons.
Kathleen Hunt, stated she is the branch vice president of Coldwell Banker.
She stated her support for Plan A. She stated they have more than 200 people
visit their business each month.
Sola Palotta, stated she is the owner of Very Virginia and the Pink Shop
located at 16 South King Street. She stated she has been involved in the
downtown improvements for about five years. She noted that the addition of
outside dining has been a benefit to many restaurants. She listed the names of
downtown businesses that have failed in the past seven years.
Neil Steinberg, thanked all the volunteers who have worked on this
process. He noted that the town and the consumer experience have changed
greatly over the past 25 years; however, fine dining has not changed.
Stanley Caulkins, stated the downtown needs an infusion.
Dieter Meyer, stated the downtown improvements need to be completed
to stimulate the businesses downtown. He stated there is evidence that widened
sidewalks with onstreet dining is the correct answer for improving the downtown.
He urged Council to chose either Plan A or Plan C.
Butch Porter, noted that Plan A ignores the King Street merchants and no
one has endorsed Plan C. He urged Council to choose Plan B to preserve as
much parking as possible.
Anita Henry, urged Council to complete the downtown improvements.
She stated Plan A will bring more patrons downtown and they will visit other
businesses.
Jim Corcoran, stated that ripping up King Street for six months will drive
many businesses out of business. He stated that Plan B takes care of all the
improvements that need to be made to revitalize the downtown without
disrupting the businesses.
Peter Burnett, 105 Loudoun Street, stated that Leesburg is in for a lot of
construction in the coming two to five years regardless of what plan is chosen and
suggested that Leesburg copy Charlottesville's example and do all the
construction at the same time, rather than drawing it out. He stated the town
needs the on-street dining. He offered to underwrite $250,000 to install the
retractable curb.
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COUNCIL MEETING May 14, 2013
Don Devine, stated everyone wants a more vibrant downtown and
everyone believes in their position and choice of plan. He suggested that the alley
would be a great alternative for outdoor dining.
The Petitioner's Section was closed at 9:18 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Wright, the
following items were moved for approval as the Consent Agenda:
a. Timely Bid was Received;therefore, Authorizing a Lease Agreement for
Telecommunications Antenna on Carr Tank No. 2
RESOLUTION2013-056
Authorizing a Lease Agreement with New Cingular Wireless PCS, LLC,for
Telecommunications Antenna on Carr Tank No. 2
b. Approval of Office Leases at Leesburg Airport
RESOLUTION 2013-057
Awarding Office Leases to Beechcraft Domestic Service Company, Elliott
Aviation, Inc., and Alliance Aviation Management Group, LLC for Office
Suites in the Terminal at the Leesburg Executive Airport
c. Supplemental Appropriation for Repairs to Town Property
RESOLUTION 2013-058
Amending the FY2013 General Fund Budget and Making a Supplemental
Appropriation in the Amount of$28,371 Resulting from the Receipt of Insurance
Payments from Virginia Municipal League for Repair to Town Property
d. Performance Guarantees for PMW Farms, Section 1 and PMW Farms, Section 2
and Authorizing a Time Extension for PMW Farms, Section 2
RESOLUTION 2013-059
Making a Reduction of the Performance Guarantee for Public Improvements at
PMW Farms Section 1 (TLCD 2009-0002)and PMW Farms Section 2(TLCD
2010-0005);and Authorizing a Time Extension for Completion of the Public
Improvements for PMW Farms Section 2(TLCD 2010-0005)
e. Town Attorney's Contract Amendment
MOTION 2013-023
I move to amend the Town Attorney's Contract as presented
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COUNCIL MEETING May 14, 2013
g. Making an Appointment to the Technology and Communication Commission
RESOLUTION 2013-061
Making an Appointment to the Technology and Communication Commission—
Richard Keech
h. Approving a Settlement for Church Street Improvements Project
MOTION 2013-024
The Town Council hereby moves to approve a settlement and directs payment to
the property owner of 231-38-6627-000 in exchange for the conveyance by the
property owner of a permanent sidewalk easement and temporary construction
easement across the property necessary for the Church Street Improvements Project
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. RESOLUTIONS AND MOTIONS
Council Member Burk made a motion to move Resolutions and Motions ahead of Public
Hearings on the evening's agenda. The motion was seconded by Council Member Martinez and
approved by the following vote:
Aye: Burk, Dunn, Martinez and Wright
Nay: Butler, Hammier and Mayor Umstattd
Vote: 4-3
a. Loudoun Water Land Swap
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed:
RESOLUTION 2013-060
Authorizing Negotiation with Loudoun Water for Permanent Easements
Council Comments/Questions:
• Resolution starts the process for negotiating a reasonable conclusion
• There is still significant risk for the town; would prefer previous resolution
• Important to look into the future to ensure Leesburg's access to a water
supply
• This resolution includes multiple options for the use of the land
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Butler
Vote: 6-1
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COUNCIL MEETING May 14, 2013
b. King Street Design
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the
following was proposed:
MOTION 2013-025
I move to endorse Plan A
Council Member Comments/Questions:
• Appreciation for the participation of all the businesses on King Street
• Would have liked more outreach to the residents of the town
• Seeing dining outside has a multiplicative effect on restaurant patronage
Council Member Dunn offered a friendly amendment to reduce the size of several of
the "bumpouts". The motion was not accepted as friendly.
Council Member Comments/Questions:
• If this is an Arts and Entertainment district, there needs to be arts and
entertainment located there and outdoor dining is an important
component
• Would support Plan A or C. Plan B does not achieve the objective
• Construction plan should provide the least amount of impact
• Need improvement in signage directing patrons to the garage
• Changing the sidewalks does not change the historic aspect of the
downtown
• Doing nothing is not an option
• Impressed by the community's effort, engagement, and involvement
throughout the process
• Have to remove the parking meters
Council Member Dunn made a motion to add to two more parking spaces on either
end of the proposed "bumpout"configuration. The motion was seconded by Mayor
Umstattd.
The motion to amend failed by the following vote:
Aye: Dunn and Mayor Umstattd
Nay: Burk, Butler, Hammler, Martinez and Wright
Vote: 2-5
Council Member Comments/Questions:
• Concerned that some residents are not comfortable using the parking
garage or able to walk
• Plan B was a good alternative because it preserved parking
• Suggestion for a bus route serving the downtown
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, and Martinez,
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COUNCIL MEETING May 14, 2013
Nay: Wright and Mayor Umstattd
Vote: 5-2
11. PUBLIC HEARINGS
a. Amending Chapter 2 of the Town Code regarding Council Compensation
The public hearing was opened at 10:04 p.m.
There were no members of the public wishing to speak on this public
hearing.
The public hearing was closed at 10:05 p.m.
On a motion by Council Member Dunn, seconded by Council Member Butler, the
following was proposed:
ORDINANCE 2013-0-011
To Amend and Reordain Chapter 2(Administration), Article IV(Boards and
Commission), Section 2-197(Compensation)of the Town Code to Increase
Compensation for the Mayor, Town Council, and Members of Boards and
Commissions
With the following inserts:
Mayor-$16,200
Council Members-$15,600
Boards and Commission Members-$900
Planning Commission Members-$3,600
Planning Commission Chair-$3,750
Board of Architectural Review—No change
Council Member Comments:
• Unable to support this without an equivalent change for the Board of
Architectural Review
• Adjustment for inflation using the Consumer Price Index would be
$13,670
• Is what is proposed greater than what is budgeted?
Staff answer: Yes, but should be able to manage this in the total
appropriation
• Cost of service has increased over the years and is a barrier to some
candidates
• Amount is excessive
• Unfair to raise compensation for all commissions with the exception of
one
Council Member Burk offered a friendly amendment to include the BAR with an
equal increase to the Planning Commission.
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COUNCIL MEETING May 14, 2013
The amendment was accepted as friendly.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
b. Vacating a Portion of Tolbert Lane
The public hearing was opened at 10:21 p.m.
Jeanette Irby offered a brief presentation on the necessity for the vacation
of this portion of Tolbert Lane:
• Construction of Battlefield Parkway to Miller Drive, the section of Tolbert
Lane is no longer necessary as a public street
• In 2009, the Virginia Department of Transportation requested that the
town delete certain streets to facilitate the completion of Battlefield
Parkway
• As part of the runway improvement program, this area needs to be re-
graded
• It is owned in fee simple by the Virginia Department of Transportation
and will be conveyed to the town after the ROW is vacated
There were no members of the public wishing to speak on this public
hearing.
The public hearing was closed at 10:23 p.m.
On a motion by Council Member Burk, seconded by Vice Mayor Butler, the
following was proposed:
ORDINANCE 2013-0-012
Vacating a Portion of Public Right-of-Way Pursuant to Code of Virginia (1950)as
Amended, Section 15.2-2600
Council Comments/Questions:
• Will this need to be connected to Battlefield in the future?
Staff answer: Battlefield Parkway serves as the connector
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.
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COUNCIL MEETING May 14, 2013
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
15. COUNCIL COMMENTS
Council Member Dunn had no comments.
Vice Mayor Butler disclosed a discussions with Ben Leigh, Andrew Painter and
Andy Shuckra about their projects. He requested scheduling of discussion regarding the
Watershed Committee's recommendations and action at the next set of Council
meetings. Requested consideration of elimination of BPOL taxes for arts and cultural
businesses.
Council Member Burk disclosed meetings with Andy Shuckra and the Kincaid
Forest Homeowners Association. She stated the developers of Tuscarora Crossing was
less than forthcoming with information. Further, she noted that someone has raised the
specter of the power plant on that property. She stated that it is important that the town
communicate to the homeowners that a power plant is not a by-right use.
Council Member Martinez disclosed a meeting with Andrew Painter and a
discussion regarding Oaklawn and the skating rink. He apologized for not being able to
attend the Pie in the Face event. He offered to go to anyone's location to receive a pie in
the face. Would like some sort of bicycle path from residential communities to the
commuter parking lot.
Council Member Hammier thanked Council Member Burk for helping to clear
up the question of what is a by-right use for the Tuscarora Crossing property. She
disclosed meetings with Ben Leigh, Andy Shuckra, and Andrew Painter as well as a
team regarding Sycolin Commons. She stated she attended the Crescent District Open
House, which was very well attended. She stated she also attended the Blueprint
Virginia Economic Forum hosted by the State, Loudoun and Fairfax County Chambers
of Commerce.
Council Member Wright reminded everyone about the shredding event on
Saturday. He requested that a food donation drive be included in the shredding events
in the future. He expressed concern that not enough public information is available
about the closing of the Sycolin Road/Bypass intersection.
16. MAYOR'S COMMENTS
The Mayor was not present at this time.
17. MANAGER'S COMMENTS
Mr. Wells had no comments.
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COUNCIL MEETING May 14, 2013
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Wright, seconded by Council Member Hammier, the
meeting was adjourned at 10:37p.m.
�C. mstattd, Mayor
Town of Leesburg
ATTE$T: /
Clerk of C&u cil
2013 tcmin0514
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