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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 1 I r> - 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 2 Page 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 3 I Page 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 4 1 Page 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 5I age 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. 6 1 Page 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 7 I Page 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 81 Page 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, 9 I Page 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. 10IPage 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. 11IPage 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. 12 I Page 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 13 I Page