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HomeMy Public PortalAbout2013_tcmin0723 COUNCIL MEETING July 23, 2013 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. ouncil Members Present: Kelly Burk, Thomas Dunn, Katie Sheldon Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd. Vice Mayor Butler participated via electronic means from Sydney, Australia. Council Members Absent: None. Council Member Butler left the meeting at 11:45 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Parks and Recreation Rich Williams, Chief of Police Joseph Price, Parks and Public Space Planner William Ference, Environmental Planner James "Irish" Grandfield, Director of Finance Norm Butts and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Wright 3. SALUTE TO THE FLAG: Council Member Burk 4. ROLL CALL: Showing a quorum of six members physically present. Vice Mayor Butler participated via electronic means from Sydney, Australia. Vice Mayor Butler left the meeting at 10:53 p.m. 5. MINUTES a. Work Session Minutes of June 24, 2013 On a motion by Council Member Burk, seconded by Council Member Martinez, the minutes of the work session meeting of June 24, 2013 were approved by a vote of 7-0. b. Regular Session Minutes of June 25, 2013 On a motion by Council Member Martinez, seconded by Council Member Burk, the minutes of the regular session meeting of June 25, 2013 were approved by a vote of 7-0. c. Work Session Minutes of July 8, 2013 On a motion by Council Member Wright, seconded by Council Member Burk, the minutes of the work session of July 8, 2013 were approved by a vote of 7-0. 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Wright, seconded by Council Member Burk, the meeting agenda was approved after moving Item 11 d to the Consent Agenda and moving Item 11 b to occur prior to the Section 10 by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 1 I P a g e COUNCIL MEETING July 23, 2013 7. PRESENTATIONS a. Certificates of Recognition— Special Olympians On a motion by Council Member Martinez, seconded by Council Member Dunn, Certificates of Appreciation were presented to Special Olympians and coaches who attended the 2013 Summer Games in Richmond, Virginia. David Knight Matt Sixma Adam Bell DJ Cashman Karen Cashman Wilson Chua Wallace Chua Shelah Elias Joy Cavagnaro Anna Yanc Rebecca Hultin Bill Brichoux b. Patriot Cup Presentation The Patriot Cup was awarded to the Paxton Home for the most patriotic float entry in the Independence Day Parade. 8. PETITIONERS The Petitioner's Section was opened at 7:46 p.m. Monty Johnson, expressed opposition to the $1.5 billion North-South Corridor project. He noted that no financial analysis is available for this proposal. He stated this roadway will cause Rt. 50 and Rt. 7 into parking lots. Tony Howard, Loudoun County Chamber of Commerce, stated the Chamber believes the B-County Parkway is the most critical portion of the North-South Corridor. He stated the Chamber believes these roads are a valuable part of the regional transportation network for the future. He congratulated the Special Olympians for their accomplishments. Neil Zimmerman, Special Operations Warrior Foundation, requested the town waive fees associated with the Battlefield Run that supports their charity. He stated they currently provide assistance to 3,500 children of fallen warriors. Donna Johnson-Jeffreys, 19253 Evergreen Mills Road, stated she lives at the corner of Evergreen Mills Road and Masons Lane. She stated her concerns about the completion of Battlefield Parkway. She stated she will be negatively affected by this project and requested that the project be shifted to impact the vacant lot across the street. Andrea McGimsey, stated she is now a resident of the Town and expressed her concerns against the North-South corridor. She stated she has studied these transportation issues for many years and does not feel that such a large roadway is warranted. She stated the area needs east-west transportation improvements. She stated she has requested that Chairman York be removed from the board of NVTA. 2 I Page COUNCIL MEETING July 23, 2013 David Redding, 522 Ridge Street, Charlottesville, VA, stated he is participating in "A Walk for our Grandchildren". He stated Charlottesville is experiencing the same transportation problems. He stated that five years after building a road, the traffic has filled the road to the same extent as before. He asked Council to think about other ways to solve the transportation problems. Maria Bergheim, 1108 Huntmaster Terrace, stated she is with 350 Loudoun. She expressed concern about the proposed bi-county parkway. She stated it will bring more cars and more congestion. She stated the environment is suffering from all the traffic and this roadway will bring more. Mark Snow, 122 Balch Springs Circle, stated three reasons have been given for the need for the tri-county parkway—air cargo, traffic relief and economic development. He stated he is hopeful that voters will remember who made the threats on election day. He stated when elected officials are too close to developers, bad planning decisions are made. He urged Council to oppose the bi-county parkway. Kenn Knarr, 12851 Dominique Estates Lane, stated he is a resident of Prince William County. He congratulated Council for standing up to Chairman York's bullying and noted those actions have no place in a democracy. He stated this proposed roadway is meant to serve Dulles Airport and ensure its growth and viability. Page Snyder, 6312 Pageland Lane, Gainesville, stated she patronizes Leesburg shops and restaurants despite living in Prince William County. She stated she was impressed by the Council members who stood up to bullying tactics. She stated that Leesburg needs to get the state legislators involved. Matthew Gallelli, 21103 Unison Road, Middleburg, urged Council to oppose the bi-county parkway. He stated road construction corporations exist to build roads and land development corporations exist to develop property. He stated they are not concerned with the effects of their developments. He stated that money has changed hands in exchange for votes for this road. Gem Bingol, 1508 Shields Terrace, stated she represents Piedmont Environmental Council. She stated Council should be on record opposing the master plan. She stated there has been lots of pressure applied to get this road approved. She stated that it was last to be added, first to be funded and the most outspoken opponent of this road on the CTB was replaced. She stated voting against this roadway will show regional leadership. Neil Steinberg, encouraged Council to oppose the bi-county parkway. He stated Maryland will never agree to a river crossing at Rt. 659. Joanne Freeman, stated she is from Charlottesville and they are walking from Camp David to the Capitol for their grandchildren. She stated they are concerned about the environment. She stated more big roads invites more cars, more carbon and more traffic. 3 I Page COUNCIL MEETING July 23, 2013 Jerry Stewart, Aldie, stated he is a member of 350 Loudoun and is walking from Camp David to the White House. He stated he is walking to generate the moral courage for leaders to do the right thing. Wendy Kasmar, stated she is from Prince William County. She commended the Council for their attentiveness to their constituents. She stated the Council sets a good example of what leaders should be like. She stated this road will be a traffic nightmare for Loudoun County. The Petitioner's Section was closed at 8:49 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Burk, seconded by Council Member Wright, the following items were moved for approval as the Consent Agenda: a. Battlefield Parkway—Rt. 15 to Dulles Greenway Easement Acquisition Authorization RESOLUTION 2013-084 Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire Right of Way Dedications and Permanent and Temporary Easements for the Batlefield Parkway—Route 15 to Dulles Greenway Project b. Airport Repair and Maintenance Supplemental Appropriation RESOLUTION2013-085 Amending the FY2014 Budget and Making a Supplemental Appropriation in the Amount of$68,000 from Undesignated Fund Balance to the General Fund for a Virginia Department of Aviation Reimbursement Grant for Airport Maintenance c. Appropriation of 2013 JAG Grant Funds RESOLUTION 2013-086 Approving Amendments to the FY 2014 General Fund Budget and Making Appropriations for$2,109 Awarded though a Grant Received by the Police Department from US Department of Justice and Virginia Department of Criminal Justice Services d. Downtown Improvements—North King Street MOTION 2013-035 I move that the Town Council amend the Downtown Improvements Project as it relates to King Street in the vicinity of the Lightfoot Restaurant, in order to create an area of passenger loading,per the drawing labeled as Plan A, Version 5 41 Page: COUNCIL MEETING July 23, 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. Potomac Crossing Park—Use of Settlement Funds —Amending the Capital Improvements Program and Establishing Appropriation The public input session was opened at 9:50 p.m. Steven Dotson, 1604 Woodbridge Court, expressed his opposition to the proposed Potomac Crossing Park. He stated he represents 13 homeowners that would like the park to be delayed until all the issues can be addressed. He noted the Homeowner's Association does not represent the most affected homeowners. He stated their primary issue is with the construction of a parking lot and the destruction of mature trees to install this parking lot. Clay Hunt, 506 Shanks Evans Road, stated he is directly adjacent to the proposed park area and would like to see no park developed in this area as the neighborhood is very accustomed to the area as it is. He further stated he is not comfortable with the parking lot. He stated they would like to either delete the parking or make the parking more visible from the street. Jorie Gelnett, 1210 Featherstone Lane, stated she is the president of the Balls Bluff Elementary School PTA. She requested a portion (7-10%) of the settlement funds be donated to the PTA for use in renovating the playground. She stated those improvements can be enjoyed by the entire community. Heather Kircher, 1716 Tomworth Court, stated the Homeowner's Association has taken the position of support for the park; however, not all residents are in agreement. She stated she opposes the park as currently proposed and urged Council to give the residents time to fully study all possible proposals. Alicia McFadden, 818 Ferndale Terrace, stated she is the president of the Homeowner's Association and speaking on behalf of the Association and the Board of Directors. She stated this proposed, scaled down park, is the result of a number of meetings between Parks and Recreation staff and residents. She reiterated the HOA's position that they would like to see this proposal move forward. Mike Hudack, 1615 Woodbridge Court, stated he was originally in favor of the park, but after listening to the other speakers, he would like to see some other options evaluated. Sasha Scripchek(?), Bugle Court, stated a park is needed to improve the community. She stated she would like to see a sand volleyball court at the park. 5 I Page COUNCIL MEETING July 23, 2013 She stated there needs to be some type of activity for those using the picnic area— such as a basketball net. The public input session was closed at 10:20 p.m. Rich Williams gave a brief report on the park proposal: • Small playground incorporating natural features as play structures. • Community meetings were held • Pavilion structure • Parking spaces to service the pavilion • Enhancements to trail system • Community expressed a desire not to have vehicles park in the neighborhood Council Comments/Questions: • Can the parking be removed? Staff answer: Not recommended to remove the parking because it would push parking into the neighborhood. Reduction of the number of spaces would mean the picnic pavilion would need to be reduced in size. • How many parking spaces would be included? Staff answer: 15-17 spaces, not striped, on a crushed stone surface to accommodate the pavilion and playground size. • Would security lighting be possible? Staff answer: The residents were adamantly opposed to lighting of any kind • Can additional funds be added to complete the project as initially envisioned? Staff answer: Council's instructions to Parks and Recreation was to move forward with a downsized park because construction of the park as initially planned would require additional taxpayer funds. New projects added to the Capital Projects schedule would be added in the sixth year of the CIP. • Proposed resolution calls for continued outreach to the community. On a motion by Council Member Dunn, seconded by Council Member Hammier, the following was proposed: RESOLUTION 2013-087 Directing Staff to Initiate the Final Design and Development of Potomac Crossing Park Utilizing$597,159 in Settlement Funds Council Member Dunn stipulated that the motion includes the reduction of parking spaces to no more than six spaces located close to the entrance. Council Comments: 6 I Pa g COUNCIL MEETING July 23, 2013 • No legal mechanism to force the developer to contribute the originally promised funds • Opportunity for unique park amenities • Concern that increased amenities will created a need for more parking and push cars out into the neighborhood. • Less available parking encourages people to walk to the park Council Member Wright made a friendly amendment to allow 6-8 parking spaces. The amendment was accepted as friendly. • Concerned that the neighborhood will not ultimately tolerate on-street parking • Amenities will need to be reduced rather than enhanced because of parking reduction Council Member Martinez made a motion to amend to bring back the original resolution. The motion was seconded by Council Member Burk. Council Member Hammler made a motion to defer this item until the second meeting in September. The motion to defer was seconded by Council Member Dunn. The motion to defer failed by the following vote: Aye: Dunn and Hammier Nay: Butler, Burk, Martinez, Wright and Mayor Umstattd Vote: 2-5 The motion to amend back to the original resolution was approved by the following vote: Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1 The original resolution was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Wright, seconded by Council Member Burk, the following was proposed: RESOLUTION 2013-088 Amending the Fiscal Year 2014-2019 Capital Improvements Program and Making Supplemental Appropriation in the Amount of$597,159 for the Potomac Crossing Recreational Improvements Project The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None 7 I Page COUNCIL MEETING July 23, 2013 Vote: 7-0 b. Special Exception TLSE 2013-0005 Owais Day Care The public hearing was opened at 11:24 p.m. Irish Grandfield presented this application for a special exception for a home day care center: Key points: • Similar to other "day homes" approved by Council. • Would allow up to 12 children • Recommend a condition limiting outdoor play area to eight children at any given time. • Conditions have been amended to allow afternoon pick up in the back of the townhouse Nosheen Owais stated she has had no issues with the neighbors and will follow all conditions of approval. Mike Labue, 15647 Limestone Branch Place, stated he is a first time parent and this provider gives individualized attention to the children. Miriam Owais, 913 Buttonwood Terrace, stated that they accept the conditions of approval. Del Hernandez, 898 Buttonwood Terrace, stated she is a neighbor of the Owais' and has experienced no problems with this use. The public hearing was closed at 11:32 p.m. On a motion by Council Member Burk, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2013-089 Approving TLSE 2013-0005, Nosheen Owais Home Day Care, A Child Care Center Located on Property Identified as PIN Number 187-19-5188 and Located at 913 Buttonwood Terrace, NE. The motion was approved by the following vote: Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) c. Special Exception TLSE 2013-0009 Pinky Day Care The public hearing was opened at 11:32 p.m. 8 I Page COUNCIL MEETING July 23, 2013 Irish Grandfield presented this application for a home child care special exception. Key Points: • Similar to other home child care centers • Located towards the rear of the Fox Ridge subdivision • Children are always attended in the outdoor play area • All general special exception criteria have been met The applicant, Evelyn Morant, stated she has been a child care provider since 2007 when she had a bad experience with an unlicensed child care provider. She noted that she is Sery-Safe certified and her husband is a professional chef. Further, she noted she has accumulated 130 hours of instruction from the Department of Social Services on child development. Lenore Sicina, 429 Deerpath Avenue, stated she lives next door and never noticed that there was a child care center next door until she had a child. Debbie Hlavad, 477 Foxridge Drive, stated she does not know what she would do without Evelyn. Whitney McGill, 475 Flameflower Terrace, SE, stated they used one of the larger facilities and she had bad experiences with that facility. She stated after having Evelyn as a provider, would find it difficult to go elsewhere. Christie Perez, 473 Flameflower Terrace, SE, stated she has been using Evelyn for a year and if this special exception is not approved, they will have to move from Loudoun County. On a motion by Council Member Martinez, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2013-090 Approving TLSE 2013-0009, Pinky Home Day Care, a Child Care Center Located on Property Identified as PIN Number 271-28-3031 and Located at 422 Deerpath Avenue, SE The motion was approved by the following vote: Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) d. Capital Asset Replacement Reserve (CARR)Appropriation The public hearing was opened at 11:45 p.m. Council Comments/Questions: • Staff report shows $300k for the Skate Park 9 I Page COUNCIL MEETING July 23, 2013 Staff answer: The $300k is for refurbishment of the current skate park; however, a discussion with the Rescue Squad should occur to determine whether the Rescue Squad wishes to expand • This is the only active park in this section of town and located so that the young people can walk there. There were no members of the public to speak at this hearing. The public hearing was closed at 11:50 p.m. On a motion by Council Member Wright, seconded by Council Member Hammler, the following was proposed: RESOLUTION 2013-091 Amending the FY2014 General Fund Budget and Making a Supplemental Appropriation in the Amount of$1,326,136 for the Replacement of Capital Assets Council Member Wright noted that this does not include the money to refurbish the skate park, which will be brought back after the Rescue Squad has been contacted. The motion was approved by the following vote: Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) e. Amending Chapter 32 of the Town Code Regarding Solicitation on Highways The public hearing was opened at 11:52 p.m. On a motion by Council Member Burk, seconded by Council Member Wright, the following was proposed: ORDINANCE 2013-014 To Amend and Reordain Chapter 32(Traffic and Vehicles), Article V(Stopping, Standing and Parking), and Add Division 5(Solicitation on Highways), Section 32-272(Solicitation on Highways Prohibited) Council Comments/Questions: • Necessary to protect public safety. • Consistent with the county's ordinance There were no members of the public wishing to speak at this hearing. The public hearing was closed at 11:54 p.m. The motion was approved by the following vote: Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd 10 I Page COUNCIL MEETING July 23, 2013 Nay: None Vote: 6-0-1 (Butler absent) 11. RESOLUTIONS AND MOTIONS a. North-South Corridor Statement On a motion by Vice Mayor Butler, seconded by Council Member Burk, the following was proposed: RESOLUTION 2013-092 Leesburg Town Council North-South Corridor Position Statement Council Comments/Questions: • North-South Corridor is comprised of eight sections, none of which on their own negatively impacts Leesburg; however, together they cause concern for Leesburg • Question the economic development value of the road at the proposed location • Why invest so much money on north/south trips, when capacity for east/west trips is needed. • Concerned that edits to the resolution weaken it • Concern for protection of the low-density transition zone Council Member Hammler offered a friendly amendment to add the following changes: 1. In section on the Town Council opposes: A North-South corridor study that does not demonstrate relief of traffic on Leesburg and US 15 in Loudoun County 2. The widening of US 15 outside of town limits, which is part of the Hallowed Ground corridor 3. Last page—add "and Virginia Regional Transit local routes" 4. In the section The Town Council supports: add "with possible financial assistance from Loudoun County" 5. For Crosstrail Boulevard add "County financial assistance" 6. Page Two-Add: "any new fully limited access road, north-south highway such as the western transportation corridor that connects" 7. In the Town Council opposes section add "over needed projects in Leesburg and Loudoun County such as the interchanges on the Leesburg Bypass and Route 7" 8. Add to #3: "A north-south corridor study that does not demonstrate relief of traffic on US 15 in Loudoun County" The amendments were not accepted as friendly. Council Member Burk agreed to accept the amendments as friendly if the words "Such as the western transportation corridor that connects" are not added. 11 I Pane COUNCIL MEETING July 23, 2013 Mayor Umstattd summarized the points to be made in the resolution, as amended: • Opposition to North-South Corridor of Statewide Significance as a corridor connecting I-95 to Rt. 7 with a northern terminus just east of Leesburg with no plans for an additional bridge crossing of the Potomac River east of Goose Creek • Opposition of any prioritization of funding for the North-South corridor • Opposition of recommendations contained in the northern Virginia North- South Corridor Master Plan Study • Supports town road projects that have been requested for funding in previous years including continued funding for the county's bus transit system to help reduce the number of vehicles on the road, improve access for all residents and help commuters improve travel time to employment centers • Directed at local, state and federal officials representing the Town of Leesburg The amended motion was approved by the following vote: Aye: Burk, Butler, Hammier, Martinez and Mayor Umstattd Nay: Dunn and Wright Vote: 5-2 b. Approving a Memorandum of Agreement—MacDowell Brew Kitchen On a motion by Council Member Burk, seconded by Council Member Martinez, `-- the following was proposed: MOTION 2013-034 To Allow the Mayor to execute the MOA upon the execution of the same by all parties conditioned upon the property owner complying with all local and state requirements and the terms set forth in the MOA Council Comments/Questions: • Have all local and state requirements been met? Staff answer: Applicant has not received an occupancy permit yet. • There is nothing forcing the property owner to purchase the property Staff answer: Permission can be revoked with 10 days notice by the Town Manager. The motion was approved by the following vote: Aye: Burk, Hammler, Martinez, and Mayor Umstattd Nay: Dunn and Wright Vote: 4-2-1(Butler absent) c. Fee Waiver for the 10th Annual Battlefield Run in Support of the Special Operations Warrior Foundation 12 I Page COUNCIL MEETING July 23, 2013 On a motion by Council Member Martinez, seconded by Council Member Burk, the following was proposed: RESOLUTION 2013-093 Approving a Waiver of Fees for the Tenth Annual Battlefield Run In Support of the Special Operations Warrior Foundation The motion was approved by the following vote: Aye: Burk, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler absent) 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. Reconsideration of Downtown Improvements Council Member Dunn offered a motion to econsider the decision made earlier in the evening concerning North King Street. The motion failed for lack of a second. Council Member Dunn offered a motion to rescind the Plan A of the Downtown Improvements concerning S. King Street. The motion was seconded by Mayor Umstattd. Council Comments: • Eliminates the need for the bump outs • Downtown community is trying to move forward and reopening this debate at midnight without advance notice does not support this The motion was failed by the following vote: Aye: Dunn and Mayor Umstattd Nay: Burk, Hammier, Martinez and Wright Vote: 2-4-1 (Butler absent) 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Dunn stated he talked to Mr. Fahrney with VDOT. He stated he tries to keep his comments factual and not resort to personal attacks. Council Member Burk stated that Paxton's event was very good. She stated she also attended the Chamber of Commerce event at Comfort Inn. She noted they offer a number of fun getaway packages. She commended the Mayor for her leadership in setting a tone of openness and respect. Council Member Martinez had no comments. 13 1 1, a c COUNCIL MEETING July 23, 2013 Council Member Hammier stated that everyone should have the courtesy to stay and listen to everyone's remarks. She stated she declined the VDOT presentation. She stated she would be attending the VML executive committee meeting. Council Member Wright disclosed a conversation with Farid Bigdeli of VDOT about the North-South corridor and a telephone conversation with representatives of Lowe's regarding their application. 16. MAYOR'S COMMENTS Mayor Umstattd had no comments. 17. MANAGER'S COMMENTS Mr. Wells had no comments. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Wright, seconded by Council Member Martinez, the meeting was adjourned at 12:10 a.m., Wednesday, July 24, 2013. r'41 Mr-- 4 e P6is�e C. mstattd, Mayor Town of Leesburg A YI Clerk of C. ,: it 2013 tcmin0723 14 I t' age