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Home My Public Portal About2013_tcmin0611 COUNCIL MEETING June 11, 2013 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Thomas 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, Director of Planning and Zoning Susan Berry Hill, Director of Utilities Amy Wyks, Environmental Planner Irish Grandfield, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Mayor Umstattd 3. SALUTE TO THE FLAG: Vice Mayor Butler 4. ROLL CALL: Showing Council Member Dunn arriving at 7:38 p.m. 5. MINUTES a. Work Session Minutes of May 13, 2013 On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the minutes of the Work Session Meeting of May 13, 2013 were approved by a vote of 6-0-1 (Dunn absent). b. Reguar Session Minutes of May 14, 2013 On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the minutes of the Regular Session Meeting of May 14, 2013 were approved by a vote of 6-0-1 (Dunn absent). 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Wright, seconded by Vice Mayor, 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. Certificates of Appreciation— Student Volunteers at Flower and Garden On a motion by Vice Mayor Butler, seconded by Council Member Martinez, Certificates of Appreciation were approved for the following student volunteers who assisted the Tree Commission at the 2013 Flower and Garden Festival: Daniel Butler Alexander Groothius Ashley Acardo Ricky Melendez 1 I Page COUNCIL MEETING June 11, 2013 Alexis Jacuzzi Rachel Jacuzzi b. Proclamation—Celebrating the 50th Anniversary of the Old and Historic District On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the the following was proclaimed: PROCLAMATION 50`h Anniversary of the Leesburg Old and Historic District 1963-2013 WHEREAS, since its founding over 250 years ago, the Town of Leesburg has undergone numerous phases of growth while retaining the historic downtown core; and WHEREAS, on June 10, 1963 the Leesburg Town Council showed great stewardship and foresight in amending the Town Zoning Ordinance to create the Leesburg Old and Historic District; and WHEREAS, in the enacting ordinance the Leesburg Town Council expressed the need to "preserve the unique cultural heritage represented by the original section of the town"; and WHEREAS, through the work of the Town Council, Board of Architectural Review, Town staff,businesses and citizens, the Leesburg Old and Historic District will continue to be enjoyed by future generations; and WHEREAS, planning is underway for events throughout the rest of the year to celebrate the establishment of the Leesburg Old and Historic District and to educate businesses and citizens on the benefits of historic preservation. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the year beginning June 10, 2013 as a celebration of the Leesburg Old and Historic District 50th Anniversary and urge the citizens of Leesburg to take advantage of the cultural resources offered by our historic downtown area. PROCLAIMED this 11th day of June, 2013. 8. PETITIONERS The Petitioner's Section was opened at 7:41 p.m. Tamra Varda, 508 Sherry Ann Court, stated she is a resident of Kincaid Forest. She stated there is a zoning issue behind her home. She stated they have great concern 2 1 Page COUNCIL MEETING June 11, 2013 over the possibility of commercially zoned buildings behind her home. She stated the residents are leaning towards desiring homes on the property. She asked Council to help protect Leesburg and the Kincaid community. The Petitioner's Section was closed at 7:45 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. Airport Construction Management Continuing Services Contract Award RESOLUTION 2013-065 Awarding a Contract to R.L. Kimball, Inc.for Construction Management Services for Capital Projects at the Leesburg Executive Airport b. Authorizing a Water Rate Consultant Request for Proposals RESOLUTION 2013-066 Authorizing a Request for Proposals(RFP)to Conduct a Water and Sewer Rate Study c. Public Improvements and Performance Guarantees for Oaklawn Townhouses, Section 3 RESOLUTION 2013-067 Accepting the Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Oaklawn Townhouses-Section 3(TLCD 2010-0001) d. Public Improvements and Performance Guarantees for PMW Farms Sanitary Sewer Extension RESOLUTION 2013-068 Accepting the Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for PMW Farms Sanitary Sewer Extension (TLPF 2006-0011) e. Making an Appointment to the Tree Commission RESOLUTION 2013-069 Making an Appointment to the Tree Commission f. Making an Appointment to the Commission on Public Art RESOLUTION 2013-070 Making an Appointment to the Commission on Public Art 3 1 Pa g e COUNCIL MEETING June 11, 2013 g. Accepting Public Improvements, Releasing Performance Guarantee, and Approving a Maintenance Guarantee for Dulles Chrysler Dodge Jeep Ram RESOLUTION 2013-071 Accepting the Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Dulles Chrysler Dodge Jeep Ram(TLPF 2010-0011) h. Low Impact Development RESOLUTION 2013-072 Accepting the Low Impact Development(LID)Recommendations of the Leesburg Watershed Committee and Adopting a Strategy for Promoting LID in Leesburg Initiating an Amendment to the Town Code concerning Panhandling MOTION 2013-027 I move to initiate an amendment to the Town Code concerning Panhandling The Consent Agenda was approved by the following vote: Aye: Burk, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. TLSE 2013-0008 Simran Home Day Care The public hearing was opened at 8:04 p.m. Irish Grandfield presented the application for a special exception to allow a home child care center. Key Points: • Home based child care center for more than five children • 712 Vista Ridge Drive, Potomac Station • Use is allowed by special exception in Planned Development districts • Use is licensed by the state • Staff recommends approval with standard conditions • Applicant has agreed to install a safety gate for the rear stairwell The applicant had no comments. There were no members of the public wishing to address this public hearing. The public hearing was closed at 8:12 p.m. 41 E' rtgc COUNCIL MEETING June 11, 2013 On a motion by Council Member Burk, seconded by Vice Mayor Butler, the following was proposed: RESOLUTION 2013-073 Approving TLSE 2013-0008, Simran Home Day Care, a Child Care Center located on Property Identified as PIN Number 148-28-8719 and Located at 712 Vista Ridge Drive Council Comments/Questions: • Does the town require any type of certification of staff? Staff answer: The state requires current immunizations as well as training. • What are town guidelines as far as number of children per staff member? Staff answer: The state regulates how many children can be watched by one staff person, which varies dependent on age of the children being watched. Rules for number of employees for home based child care centers are a little different than for other home occupations. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None. Vote: 7-0 11. RESOLUTIONS AND MOTIONS a. Authorizing a Loudoun Street Mural Request for Proposals On a motion by Vice Mayor Butler, seconded by Mayor Umstattd, the following was proposed: MOTION 2013-026 I move that the Leesburg Town Council authorize the Chief Procurement Officer to issue a Request for Proposals, as approved by the Town Attorney,for the solicitation of bids to artists or a team of artists for the installation and maintenance of the Downtown Parking Garage mural Vice Mayor Butler made an amendment to the RFP language. Council Comments/Questions: • Changes to the RFP are not significant • Change to RFP language will help keep the mural cost within what can be raised by the Friends of Leesburg public art. The motion was approved by the following vote: Aye: Burk, Butler, Martinez and Mayor Umstattd Nay: Dunn, Hammier and Wright Vote: 4-3 5 I Pagc COUNCIL MEETING June 11, 2013 b. Approval of Additional Police Staffing On a motion by Council Member Wright, seconded by Mayor Umstattd, the following was proposed: MOTION I move that the Town Council authorize the addition of two full time equivalent police officer positions for the Police Department. These positions are permanent positions effective July 1, 2013 Council Comments/Questions: • Number of approved positions is never completely filled due to leave, vacancies, etc. • Concern with adding two full time employees with benefits • Maximize tax dollars paid to the county, i.e. Sheriff's Department services Council Member Hammler moved to defer this item to the next work session meeting. The motion to defer was seconded by Council Member Burk and approved by the following vote: Aye: Burk, Butler, Hammler, and Martinez Nay: Dunn, Wright and Mayor Umstattd Vote: 4-3 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Dunn had no comments. Vice Mayor Butler noted his son, Daniel, played his last Little League game, and got two home runs. Council Member Martinez stated the car show was fun. Council Member Hammier stated she and Council Member Burk attended the May 29 Downtown CIP outreach meeting. She stated there were some follow-up questions regarding the trees on Loudoun Street. She stated the Technology and Communication Commission is working on some interesting projects including ways to leverage the Visit Loudoun website and their wi-fi program. She congratulated all those graduating from Leesburg high schools this week. 6 I P a g e COUNCIL MEETING June 11, 2013 Council Member Wright stated that they are still accepting donations for Relay for Life and thanked Council Member Martinez for reading the town's proclamation at the opening ceremonies. He stated he participated in the ribbon cutting for the new Catoctin Veterinary facility on Dry Mill Road 16. MAYOR'S COMMENTS Mayor Umstattd noted how impressed she was with the parent volunteers at Loudoun County High School's All Night Grad party at Ida Lee. She thanked all the sponsors and volunteers. She wished all the graduates luck in their future ventures. She disclosed a meeting with a nonprofit called Embrace Loudoun who are working towards helping the needy find help in Loudoun. She noted that there was a great turn out for First Friday, despite the rain. 17. MANAGER'S COMMENTS Mr. Wells had no comments. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Vice Mayor Butler, seconded by Council Member Wright, the meeting was adjourned at 8:•25 p.m. dok *P.— . \). ...ce,itiaZi4---' '' c 'i"?Kristen C. mstattd, Mayor Town of Leesburg A ►-J $T:' 1 l! Clerk of Co cil 2013 tcmin0611 7 I Page