HomeMy Public PortalAbout2013_tcmin0709 COUNCIL MEETING July 9, 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
Hammier, Marty Martinez, Kevin Wright and Mayor Umstattd.
Council Members Absent: Council Member Martinez arrived at 7:34 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Planning and Zoning Susan Berry Hill, Chief of Police Joseph Price, Director of
Economic Development Marantha Edwards and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Dunn
3. SALUTE TO THE FLAG: Mayor Umstattd
4. ROLL CALL: Showing Council Member Martinez arriving at 7:34 p.m.
5. MINUTES
a. None.
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Burk, seconded by Council Member Hammier, the
meeting agenda was approved as presented by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
7. PRESENTATIONS
a. Possible Sister City Relationship— Saint Cyr sur Loire
Linda Shotton introduced Arnaud Boulestreau, who described the
similarities between Saint Cyr sur Loire and Leesburg. He noted that Saint Cyr
sur Loire would be interested in a sister city relationship with Leesburg.
b. FY 2014 Council Priorities and Key Projects
John Wells reviewed FY 2014 Council Priorities and Key Projects.
Key Points:
• The town is affected by legislative actions at the national, state and local
level
• Significant transportation funding and transportation prioritization is
being done by NVTA—the town does not have a vote on this board
• Local issues include the courts expansion, annexation, funding of shared
services, JLMA projects
1 I Pages
COUNCIL MEETING July 9, 2013
• Economic development priorities include full implementation of the Arts
and Cultural District, expanding the coordination of efforts at the Mason
Enterprise Center and the Small Business Development Center, business
support
• Land development priorities include full implementation of the Crescent
Design District, updates to the DCSM, transportation plan amendments,
and Town Plan implementation
• Development projects that will require focus— Leegate, Crescent Place
(Barber and Ross), Lowe's, Courthouse Square, Leesburg South
(Meadowbrook), and Crossroads at Leesburg(Fontaine property)
• Continue to work through and complete the Capital Projects list
• Community Safety and Quality of life issues include emergency
management/planning, safe streets, citizen orientation video series, and
parking enhancements
• Operational efficiency and fiscal management priorities include long term
financial planning, town-wide automation plan, improvements to the
town website, e-government outreach to the public, new performance
evaluation system
• Issues arise that were not on the original priorities list that are important
and require time and effort to resolve
8. PETITIONERS
The Petitioner's Section was opened at 8:00 p.m.
Steve Dodson, 1604 Woodbridge Court, expressed concern over the proposed
Potomac Crossing Park. He stated he is a nearby homeowner and is opposed to the park
because of concerns over the destruction of woodlands, crime, and traffic. He stated the
HOA's position on this park does not reflect his views.
Clay Hunt, 506 Shanks Evans Road, which he stated is immediately adjacent to
the proposed park. He stated he is interested in having something developed to support
the community; however, this particular plan for the park concerns him. He noted the
mature trees are of considerable value to the community. He expressed concern that the
largest expense related to the proposed park is clearing the land and suggested more
natural amenities.
The Petitioner's Section was closed at 8:10 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following
items were moved for approval as the Consent Agenda:
a. Approving a Construction Change Order for the Airport North End Access Road
Project
RESOLUTION2013-081
21 P a n
COUNCIL MEETING July 9, 2013
Approving Chan g e Order No. S f or the North End Access Road Ca p ital
Improvement Project at the Leesburg Executive Airport
b. Authorizing a Time Extension for Completion of Public Improvements for PMW
Farms—Section 4(TLCD 2010-0004)
RESOLUTION 2013-082
Authorizing a Time Extension for Completion of the Public Improvements
for PMW Farms—Section 4(TLCD 2010-0004)
The Consent Agenda was approved by the following vote:
Aye: Burk, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Amending Chapter 24 of the Town Code to Authorize Service of
Alcoholic Beverages by Licensed Establishments in Public Sidewalk Right
of Way in a Designated Area Adjacent to Harrison Street
The public hearing was opened at 8:11 p.m.
Jeanette Irby presented the background for this proposed Town Code
amendment:
Key Points:
• Previously approved a similar amendment for an establishment adjacent
to the Town Green
• Amendment would allow an additional location for service of alcohol in
the public right of way
• Owner would be required to enter into a memorandum of agreement with
the Town of Leesburg
• Memorandum of Agreement would include requirement for compliance
of all state and local laws, payment of all taxes, and location diagram
• Change the term "drunkenness" to "intoxication"
• 60 day permit will be issued to allow the applicant time to complete the
necessary requirements and investigate purchase of the property
• Rezoning application will need to be made because part of the property
where alcohol is being served is zoned residential
• Applicant will need a Certificate of Appropriateness for improvements to
the property
Council Comments/Questions:
• Can applicant purchase the necessary property?
Staff answer: The town may be required to keep a certain sized buffer
between the road and the applicant's property
• Concern about carving out exceptions for individual property owners
3I P ,tge
COUNCIL MEETING July 9, 2013
• Can a sunset clause be added into this amendment?
Staff answer: Yes, but a similar agreement was allowed for a business
owner previously
• Dangerous precedent to change the law to bring people into compliance.
• Adjacent property owner must purchase the right of way so the town does
not become a landlord for an outdoor drinking establishment
• Concerned about possible unintended consequences
Melissa Barnes, 17855 Leland Orchard Road, stated that this
establishment is a place where families with children can come and the children
are occupied in the sand. She stated it is a family friendly restaurant.
Jeff Munzell, 39543 Golden Springs Court, Hamilton, stated this
establishment is very unique. He urged Council to pass this amendment and
support the beach.
Kali Bodine, 510 Valley View Avenue, stated this is her favorite place to
go to in Leesburg. She stated it would be a shame if this was shut down.
Jon Mays, Waterford, stated this has been a great place to go do since it
opened, but someone has not done their job and taken care of this earlier. He
stated Leesburg needs to maintain the small town relationship.
Bob Oravetz, 905 Frederick Street, Vienna, stated he would like to see this
amendment pass and this establishment be allowed to stay in downtown
Leesburg.
Karin MacDowell, 39845 The Narrows Road, Waterford, stated the
owner of the establishment is her son. She stated this is a unique business that
attracts people from out of the area.
Rick Lowe, 42281 Young Lane, stated he enjoys the establishment that
brings a lot of people in from other areas.
Dennis Kabine, stated he is a resident of Loudoun County and enjoys
going to MacDowell's Brew Kitchen. He stated his daughter enjoys playing in
the sand.
Bruce Reyker, 208 Primrose Court, SW, stated he has seen a variety of
different restaurants in the area, but has never seen one like this that isn't located
near the water. He urged Council to fix this.
Monica Sonnagy, 209 South Street, stated she and her husband moved her
six months ago from Falls Church. She stated she has never seen any open
drunkenness and noted the increased foot traffic generated by this establishment
helps other businesses.
4 I Page
COUNCIL MEETING July 9, 2013
Lars Henrikssen, stated he works in the real estate industry in Loudoun
County and has seen a lot of changes over the years. He stated that Loudoun
County has become a destination for people from all over the world. He stated
Leesburg has become a destination for local musicians.
Victoria Stiles, stated she owns Victoria Stiles Hair and Make Up Studio
at 18 South King Street. She stated she has been able to network at MacDowells
and refer customers to other establishments in town as well. She asked Council
to take the fact that MacDowell's is an asset to other businesses into
consideration when making their decision.
The public hearing was closed at 9:01 p.m.
On a motion by Council Member Burk, seconded by Council Member Martinez,
the following was proposed:
ORDINANCE 2013-0-013
To Amend and Reordain Chapter 24(Offenses and Miscellaneous Provisions),
Article V(Offenses Against Public Peace and Order), Division 1 (Generally),
Section 24-184(Public Profanity and Drunkenness)of the Leesburg Town Code to
Allow Alcohol to be Served and Consumed in a Designated Area of Public
Sidewalk Right of Way on Harrison Street Between Royal Street and South Street
Council Comments/Questions:
• Opportunity to support a local business that received the Best New
Business at the Business Appreciation Awards
• No intention for deception
• Want to be able to support businesses
• This amendment allows the establishment to remain in business while the
owner and the town work towards a solution and is not meant to be a
permanent fix.
• Inaccurate statements in the media
• Can we waive the zoning violations during the period of time that the
property is being prepared for sale to the business owner?
Staff Answer: Town staff is working diligently to resolve these issues with
the property owner and to facilitate the sale. The town has never pursued
enforcement during the period of time that the owner is working things
out with the Town.
• Can the town give the property to the business owner?
Staff Answer: No. State Code is very specific on how and under what
circumstances localities can convey property to others. Price must be fair
market value or contributing value to the adjacent property that wishes to
acquire it
• Can the property be configured so that alcohol is not served on the portion
owned by the town?
5 I > t ; .
COUNCIL MEETING July 9, 2013
Staff Answer: The town manager has granted a 60 day permit to encroach
on right of way, but they cannot serve alcohol on that portion until this is
resolved.
• Do not like the idea of serving alcohol on public property
Council Member Wright offered a friendly amendment to add a sunset clause of
January 31, 2014 to the town code amendment.
This was not accepted as friendly.
Council Member Wright offered this as an amendment to the main motion. It was
seconded by Vice Mayor Butler and failed by the following vote:
Aye: Butler, Dunn and Wright
Nay: Burk, Hammier, Martinez and Mayor Umstattd
Vote: 3-4
The unamended main motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez and Mayor Umstattd
Nay: Wright
Vote: 5-1-1 (Dunn abstaining)
b. Battlefield Parkway—Rt. 15 to the Dulles Greenway—Citizen
Information Session
Tom Brandon reported on the requirement by VDOT to hold a citizens
information session for this project and to have Council endorse the design plans.
There were no members of the public wishing to speak to during this
citizen's information session.
Council Comments/Questions:
• What is the source of funding for this project?
Staff answer: VDOT funded project
• Staff has been working cooperatively with the public to answer questions
and provide information on this project
On a motion by Council Member Wright, seconded by Council Member Burk, the
following was proposed:
RESOLUTION 2013-083
Endorsement of Design Plans for the Battlefield Parkway(From South King Street
to Dulles Greenway)Project
The motion was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
6I P < gC
COUNCIL MEETING July 9, 2013
11. RESOLUTIONS AND MOTIONS
a. Downtown Improvements
On a motion by Council Member Wright, seconded by Council Member Burk, the
following was proposed:
MOTION 2013-029
I move that the approved design for the East Loudoun Street Downtown
Improvements be modified to delete the street tree at 7 Loudoun Street, SE but
construct the `planting box".
Council Comments/Questions:
• Gives Council the option to add the tree at a later date
• Reasonable compromise
• Don't like to change approved plans for individual complaints
• Don't like this system for tree installation—would prefer something more
mobile
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammler, Wright and Mayor Umstattd
Nay: Butler and Martinez
Vote: 5-2
b. Public Safety Staffing
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed:
MOTION 2013-030
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
Council Comments/Questions:
• This is an administrative approval to allow staff to overhire and is not
anticipated that it will require additional funding based on the average of
vacancies, injuries and absences.
• There will be cost associated with this action, but it will not exceed the FY
2014 budget
• Would like a process that automatically backfills if there are officers on
disability
• How does the town compare to other towns of a similar size as far as
workman's compensation issues?
Staff answer: Will have to research and bring information back
71 Page
COUNCIL MEETING July 9, 2013
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None.
Vote: 7-0
c. Crosstrail County Referral—Endorsing Staff Referral
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following was proposed:
MOTION 2013-031
I move to approve the referral letter for ZMAP 2012-0021, Crosstrail Commercial
Center, SPEX 2012-0047, Hotel; SPEX 2012-0048, Gas Pumps; SPEX 2012-
0049, Outdoor Sales—First Submission, as presented
Council Comments/Questions:
• Language needs to be firmer
• Can the Board of Supervisors approve this application without the town's
consent since it is within the town's service area?
Staff answer: It is difficult to approve without the town's agreement to
provide utilities
• Would like a cover letter from the Mayor to summarize the most
important points
• Has the applicant seen these comments?
Staff answer: Yes.
Vice Mayor Butler offered a friendly amendment to user language as suggested by
the Director of Planning and Zoning. The motion was accepted as friendly. The maker
and seconder of the motion agreed that a cover letter sent by the Mayor had been agreed to
on Monday.
The motion was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
d. County Referral: Zoning Ordinance change to JLMA Districts Pertaining
to Utilities
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed:
MOTION 2013-032
I move to approve the referral letter for ZOAM 2013-0006, JLMA Utilities
Requirements, as presented
Council Comments/Questions:
• Appreciate staff highlighting that this proposed ordinance change is in
contrast to other board policies
8 17 < n
COUNCIL MEETING July 9, 2013
• Would like follow-up on how this letter is received
• Would have preferred stronger language expressing objection
• This is a letter from town staff to county staff
Council Member Dunn offered a friendly amendment to have objection stated in the
last sentence in section 2 and concern for future consequences stated in the conclusion
The amendment was not accepted as friendly.
Council Member Dunn made a motion that the wording the last sentence in
Section 2 be changed to add the words "however, the town opposes this ordinance
because it is not in the town's best interest"and in the conclusion that it state
"while this is due to difficulties between Round Hill and county regarding utility
service and Western Loudoun Substation, and should be addressed between those
two entities, our concerns that this ordinance could affect and set precedence
affecting all county-wide JLMAs and therefore the Town of Leesburg opposes this".
The motion was seconded by Mayor Umstattd.
Council Comments/Questions:
• Concerned that edits made by too many authors causes the document to
lose coherence.
• Who will be the recipient of these comments? Will it be seen by the
Planning Commission or the Board of Supervisors?
Staff answer: Since this is an ordinance amendment, there will not be
submissions such as with development applications. Recommendations
from staff will be considered at the Planning Commission public hearing.
• It was agreed to add language opposing the proposed change to the first
paragraph
The motion to amend was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Vice Mayor Butler offered a friendly amendment to lay out the reasons for
opposition in the first paragraph as well as detailed in the body.
The amendment was accepted as friendly.
The main motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
9 I Page
COUNCIL MEETING July 9, 2013
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Electronic Participation
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following was proposed:
MOTION2013-033
I move to allow Vice Mayor Butler to participate in the Council work session on
July 22 and the Council meeting on July 23 electronically as per§2.2-3708.1 the
Code of Virginia. Further, I move to allow Council Member Hammler to
participate in the Council work session on August 12 and the Council meeting on
August 13 electronically as permitted under the same code section.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
15. COUNCIL COMMENTS
Council Member Dunn stated he enjoyed the Fourth of July parade, which was
the largest turn out he has seen in a long time. He also asked Council to consider all
possible uses for the Potomac Crossing Park settlement funds.
Vice Mayor Butler had no comments.
Council Member Burk had no comments.
Council Member Hammier stated she would like some measurements for
Council goals. She congratulated staff on the AA+ bond rating. Would like to
investigate opportunities for the Potomac Crossing Park settlement funds.
Council Member Wright stated the Independence Day parade was a great
success. He noted that the backside of Ida Lee Park is seeing a lot more activity during
the fireworks and asked that area be better patrolled for safety concerns during the event.
Disclosed a meeting with Waterford Development to discuss potential changes to their
development on South King Street and a meeting with Leegate representatives for
discussion on their rezoning. Also disclosed a discussion with representatives of Morven
Park.
Council Member Martinez expressed his frustration with last minute changes to
the plans for Potomac Crossing Park. He noted that the Parks and Recreation
Commission has held numerous public input meetings to solicit input from the
10 I r>�,
COUNCIL MEETING July 9, 2013
community. He noted that the town cannot give the money to outside organizations as
has been recently suggested by some residents.
16. MAYOR'S COMMENTS
Mayor Umstattd stated the Fourth of July activities were great and thanked
everyone for coming out.
17. MANAGER'S COMMENTS
Mr. Wells stated this has been the largest crowd on record for the parade and the
fireworks event. He noted that staff will be looking at logistics for larger crowds. He
expressed appreciation for all the work put in by Parks and Recreation, the Police
Department, Public Works and any other staff that participated. He noted a new banner
will be ordered for the Trolley if the old one cannot be found.
He highlighted that the next set of Council meetings will have very long agendas
due to deadlines and things that need to be accomplished by a particular time.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Wright, seconded by Vice Mayor Butler, the meeting was
adjourned at 10:23 p.m.
\`. Per___Wimmat
is =n C. stattd, ayor
Town of Leesburg
AT :
K ,.tilt
Clerk of Co
2013_tcmin0709
11 I Pant'