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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'