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HomeMy Public PortalAbout2013_tcmin0625 COUNCIL MEETING June 25, 2013 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Katie Sheldon Hammier, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Martinez. Mayor Umstattd arrived at 7:32 p.m., Council Member Dunn arrived at 8:20 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 Administrative Associate I Linda DeFranco AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Katie Sheldon Hammier 3. SALUTE TO THE FLAG: Wesley Fox Young Marines 4. ROLL CALL: Showing Mayor Umstattd arriving at 7:32 p.m. and Council Member Dunn arriving at 8:20 p.m. 5. MINUTES a. Regular Session Minutes of May 28, 2013 On a motion by Council Member Burk, seconded by Vice Mayor Butler, the minutes of the Regular Session Meeting of May 28, 2013 were approved by a vote of 5-0-2 (Dunn/Martinez absent). b. Work Session Minutes of June 10, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Wright, the minutes of the Work Session Meeting of June 10, 2013 were approved by a vote of 5-0-2 (Dunn/Martinez absent). c. Regular Session Minutes of June 11, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Wright, the minutes of the Regular Session Meeting of June 11, 2013 were approved by a vote of 5-0-2 (Dunn/Martinez absent). 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Burk, seconded by Vice Mayor Butler, the meeting agenda was approved as presented with the addition of Item 9f by the following vote: Aye: Burk, Butler, Hammler, Wright and Mayor Umstattd Nay: None Vote: 5-0-2(Dunn/Martinez absent) 1 I P COUNCIL MEETING June 25, 2013 7. PRESENTATIONS a. Proclamation—Parents Who Host Lose the Most(Col. Wesley Fox Young Marines) On a motion by Vice Mayor Butler, seconded by Council Member Hammier, the following was proclaimed: PROCLAMA TION Parents Who Host —Lose the Most Awareness Months May-June 2013 WHEREAS, alcohol is the most commonly used illegal drug by students; and WHEREAS, underage alcohol use is associated with traffic crashes and fatalities, other drug use, violence and gang involvement, rape, depression and suicide, and educational failure; and WHEREAS, the Parents Who Host, Lose the Most: Don't Be a Party to Teenage Drinking campaign informs parents and other adults about the legal ramifications and health and safety risks of serving alcohol to teens; and WHEREAS, 65% of underage youth say they get alcohol from family and friends, even though it is illegal in Virginia for a person under 21 years of age to consume or possess alcohol, and it is illegal for an adult to provide alcohol to a person under 21 years of age; and WHEREAS, adults who provide alcohol to those below the legal drinking age of 21 are placing the health and safety of those young persons at risk, and WHEREAS, anyone found guilty of providing alcohol to youth can face criminal charges, in addition to possible civil action for damages or injury related to underage drinking, and WHEREAS, adults have the authority and responsibility to our youth to provide them with alternative opportunities by creating alcohol-free activities, and WHEREAS, the Town of Leesburg encourages residents to refuse to provide alcoholic beverages to underage youth and to take the necessary steps to discourage this illegal and unhealthy practice, including the reporting of underage drinking to the local police, and 2 I Pa g COUNCIL MEETING June 25, 2013 WHEREAS, prevention efforts, including parents talking with their teens and modeling appropriate behavior, are critical, particularly during prom and graduation season; NOW, THEREFORE, BE IT PROCLAIMED by the Council of the Town of Leesburg in Virginia that May and June 2013 are Parents Who Host, Lose The Most Awareness Months. b. Certificates of Appreciation—Mural Review Committee On a motion by Vice Mayor Butler, seconded by Council Member Hammier, Certificates of Appreciation for work on the Mural Review Committee were presented to David Bowers, Gale Waldron, and Mike Elgin. 8. PETITIONERS The Petitioner's Section was opened at 7:43 p.m. Robin Bartok, for Board of Supervisors Chairman Scott York, stated the Chairman could not attend tonight's meeting. She spoke on the benefits of a North- South corridor through Loudoun County. She stated it would help preserve Rt. 15. She urged Council to support the North-South corridor. She stated opposition to this road will make it look like the Council does not support roads. She stated those in charge of providing road funding will be looking at what the Council supports. Oliver Peters, introduced the second video created by a partnership between Monroe Vo-Tech and Capitol TV Productions. Tony Howard, President of the Loudoun County Chamber of Commerce, spoke regarding the importance of the north-south corridor or bi-county parkway. He stated it will provide congestion relief, improved quality of life,job creation and economic opportunity. He stated that Loudoun County is one of the fastest growing, economically dynamic communities in the commonwealth. He urged Council to work with the other jurisdictions to improve transportation by supporting this road. Ed Gorski, 204 Stratford Place, SW, stated he is speaking on behalf of the Piedmont Environmental Council and as a town resident regarding the North-South Corridor. He noted he distributed some facts and resources for Council to review. He stated a couple of issues have been raised. He noted that Rt. 659 has been on the Countywide Transportation Plan as a four lane, divided road with a landscaped median, until recently. He noted that this corridor is much wider with much higher design speeds than the currently approved roadway. John Farmer, 109 Field Court, NE, reviewed the history of the park. He stated his belief that development of the park is necessary for the residents of Potomac Crossing, who bought their homes in good faith that a park would be built in the community. 3 1 r g COUNCIL MEETING June 25, 2013 Laura Dutton, 14 1/2 S. King Street, stated that she has lived on King Street for a long time. She stated the Downtown Improvements are unethical and unwise. She urged the Council to not try to duplicate other communities, but allow the downtown to remain unique. Gem Bingol, 1508 Shields Terrace, stated she wears two hats, one as a landowner in Leesburg and the other as the Land Use Field Officer for Piedmont Environmental Council. She stated she would like to offer additional information with regards to the North-South corridor. She stated it behooves the Town Council to look carefully at the North-South corridor project and take a position. She noted that Loudoun residents want better transportation, but most Loudoun resident are east-bound commuters, rather than north-south. Alicia McFadden, 818 Ferndale Terrace, stated she is the president of the Potomac Crossing HOA. She expressed support for the park in Potomac Crossing despite the fact that the park will be smaller than what was originally promised to the homeowners. She stated that despite the fact that some homeowners do not want the park, most of the residents are in favor of the park. April Hudson, 738 Balls Bluff Road, stated she is the secretary of the Potomac Crossing HOA. She stated her agreement with having a park in the neighborhood and an open field would be preferable so that her dogs can run. The Petitioner's Section was closed at 8:28 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Wright, seconded by Vice Mayor Butler, the following items were moved for approval as the Consent Agenda: a. Miller Drive Construction Contract RESOLUTION 2013-074 Awarding the Construction Contract for the Miller Drive Extension Project to Bay Country Enterprise, Inc., in the Amount of$971,347.00. b. Awarding a Server Virtualization Contract RESOLUTION 2013-075 Awarding the Contract for Server Virtualization to PCM-G, Inc., in the Amount of$139,969.88. c. Re-Authorizing the ESI— Town of Leesburg Agreement RESOLUTION 2013-076 Re-Authorizing the Agreement between the Town of Leesburg and the Engineers and Surveyors Institute(ES1)to Continue the Leesburg ESI Program 4 I COUNCIL MEETING June 25, 2013 d. Performance Guarantee and Water and Sewer Extension Permits for PMW Farms, Section 6 RESOLUTION2013-077 Performance Guarantee and Water and Sewer Extension Permit for PMW Farms, Section 6 e. To Delegate Authority to the Town Manager to Approve Airport Construction Change Order RESOLUTION 2013-079 To Delegate Authority to the Town Manager to Approve Airport Construction Change Order It was noted that construction of the Miller Drive extension should be completed no later than November 2013. 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 2013-0007 Soto Home Day Care The public hearing was opened at 8:33 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 • 195 Alpine Drive—Evergreen Meadows Subdivision • The backyard is now completely fenced as per town's requirements • Use is licensed by the state • Staff recommends approval with standard conditions • Two speakers addressed the Planning Commission in opposition to the application Maria Soto stated that she has been in operation for three years, Monday through Friday. She noted that while she likes to take the children outside as often as possible, because of routines and needs of infants and toddlers, they are unable to go outside for more than 20-30 minutes two to three times daily. She stated she strives to give each child the best possible care. Alex Smith, 610 Curtin Place, stated her child attends Ms. Soto's daycare. She stated Ms. Soto is responsible and conscientious about the regulations that 51 page COUNCIL MEETING June 25, 2013 need to be followed in order to run her business. She noted that private, licensed day cares provide an affordable, safe and vital service for working parents in Leesburg. Melissa Garayua, stated she is a resident of Evergreen Meadows and uses Ms. Soto's day care. She stated Ms. Soto has addressed any neighborhood concerns immediately and provides a safe place for her child. Elizabeth Vaughn, 241k Loudoun Street, stated her children have attended Ms. Soto's day care. She stated that affordable, high quality day care is hard to find. The public hearing was closed at 8:55 p.m. On a motion by Council Member Burk, seconded by Vice Mayor Butler, the following was proposed: RESOLUTION 2013-080 Approving TLSE 2013-0007, Soto Home Day Care, a Child Care Center located on Property Identified as PIN Number 232-17-6291 and Located at 195 Alpine Drive, SW Council Comments/Questions: • Day care is important because children who have had good day care come to school ready to learn • Use meets all criteria and does not negatively affect the neighborhood The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Wright and Mayor Umstattd Nay: None. Vote: 6-0-1(Martinez absent) 11. RESOLUTIONS AND MOTIONS a. Initiating Amendments to the Leesburg Zoning Ordinance to Permit Microbrewery as a By Right Use in B Zoning Districts On a motion by Council Member Burk, seconded by Vice-Mayor Butler, the following was proposed: RESOLUTION2013-078 Initiating Amendments to the Leesburg Zoning Ordinance Sections 6.3.2., 6.4.2., 6.5.2., 6.6.2., 9.2., 9.3.13.1. to Permit Microbrewery By-Right in the B-1 Community(Downtown)Business, B-2 Established Corridor Commercial, B-3 Community Retail/Commercial, and B-4 Mixed Use Business Zoning Districts Council Comments/Questions: • Zoning Ordinance clean up 6 I i7 a g COUNCIL MEETING June 25, 2013 The motion was approved by the following vote: Aye: Butler, Burk, Hammier, Wright and Mayor Umstattd Nay: Dunn Vote: 5-1-1 (Martinez absent) b. Appointment to NVTA Planning Coordination Advisory Committee On a motion by Vice Mayor Butler, seconded by Council Member Wright, the following was proposed: MOTION 2013-028 I move to appoint Mayor Umstattd as Leesburg's representative on the NVTA Planning Coordination Advisory Committee It should be noted that Council Members Hammier and Burk agreed to serve as alternates, should the need arise. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Wright and Mayor Umstattd Nay: None. Vote: 6-0-1(Martinez absent) 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. North-South Corridor Position Statement On a motion by Mayor Umstattd, seconded by Council Member Burk, the following was proposed: RESOLUTION Leesburg Town Council North-South Corridor Position Statement Council Comments/Questions: • The town should not buy into the argument that other entities will take away transportation dollars • A major highway will put tremendous pressure on the town's road network • Would like to hear the VDOT presentation at the meeting on July 23 in order to make the most informed decision Council Member Wright made a motion, seconded by Council Member Hammier, to defer this item to the July 23, 2013 meeting. Council Comments/Questions: 7 I I) ag .................... . COUNCIL MEETING June 25, 2013 • No information was provided with this new addition to the agenda • Would like to invite the state and county legislators to the meeting • This is not within Leesburg's purview • Would like to have county transportation staff attend the July 23 meeting to speak to the planned condition for Belmont Ridge Road Vice Mayor Butler read an email from Bob Chase into the record: "...why would Leesburg want to bite the hands that feed them transportation funds. I would suggest that the most important thing for the Mayor to consider is the likelihood of the unfunded projects listed below EVER being funded if the Town Council comes out in opposition to the North-South Corridor. The CTB and VDOT do not lack for other projects in which to invest. The Six-Year Plan contains no guarantees. Funds are shifted around every year. CTB can easily decide to "deprogram" funds for Edwards Ferry Road, etc. Message needs to be delivered by Leesburg residents —got any candidates? Bob." The motion to defer was approved by the following vote: Aye: Butler, Dunn, Hammier, and Wright Nay: Burk and Mayor Umstattd Vote: 4-2-1(Martinez absent) 15. COUNCIL COMMENTS Council Member Dunn stated the library book sale will occur this weekend at the Battlefield Shopping Center. Vice Mayor Butler stated he and his son rode their bicycles on the entire W&OD trail. Council Member Burk stated that Leesburg is a lesser place since the passing of Joe Ritenour. She expressed her condolences to the stunt flyers whose plane crashed last week. She noted they were frequent exhibitors at the Leesburg Air Show. She stated she attended a Recycling Seminar by Solar4 at Northgate Winery. She noted that this week's Acoustics on the Green performer will be Jon Carroll. She disclosed that she and the Mayor attended the Loudoun Child Care Advocacy Center event. She stated the Center is a great asset for the community. She thanked Parks and Recreation and all the speakers for their input on the Potomac Crossing Park. Council Member Hammier disclosed phone calls with Ben Leigh, Jan Zachariasse, a text exchange with Hobie Mitchell. She thanked Parks and Recreation staff for their work on landscaping art throughout town. She expressed condolences to the family of Joe Ritenour and thanked everyone involved in the construction of the Food Lion bus shelter. She stated she is looking forward to the presentation on the potential sister city relationship with Saint Cyr sur Loire at the next meeting. She noted that she will be taking Mary Hines of the Arlington County Board of Supervisors up on her offer to speak on their bike share program that could provide a link between Leesburg and Arlington. She thanked everyone for their involvement in Law Camp. She noted her daughter was able to participate this year. 8 1 P COUNCIL MEETING June 25, 2013 Council Member Wright expressed his condolences to the Ritenour family and stated his gratitude for Mr. Ritenour's contributions to the community over the years. 16. MAYOR'S COMMENTS Mayor Umstattd expressed her appreciation for Council Member Burk's assistance at several ribbon cuttings. She thanked Ann Robinson, La Voz, Special Olympics, 350 Loudoun, Unitarians, Volunteers of America, for their efforts for public transportation. She offered her condolences to Joe Ritenour's family and friends. She stated she attended the Knights of Columbus' fundraiser for the Boulder Crest Retreat for Wounded Warriors. She stated they are still looking for volunteers to help. 17. MANAGER'S COMMENTS Mr. Wells thanked Linda DeFranco for attending the Council meeting in the Clerk's capacity. The Mayor noted that Ms. DeFranco is a ten year staff member. He gave Council information on participating in the Independence Day Parade. He asked Council to look carefully at Tab A. He announced that residents will be getting notice of an additional trash collection day starting August 2013. The south side of town will receive trash collection on Monday and Thursday. North side of town will receive trash collection on Tuesday and Friday. Recycling days stay the same. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Wright, seconded by Vice Mayor Butler, the meeting was adjourned at 9:44 p.m. .;... ,.......... C.Lik-jr-_ , .,,g„;.-2-111401111110 -iliglionoi"—. 1 C. mstattd, Mayor Town of Leesburg Aa ,T: Clerk of •'111 it 2013 tcmin0625 9I Pig