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HomeMy Public PortalAbout2013_tcmin0813 COUNCIL MEETING August 13, 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, Kevin Wright and Mayor Umstattd. Council Members Absent: Marty Martinez. Council Member Dunn arrived at 7:39 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: Mayor Umstattd 3. SALUTE TO THE FLAG: Council Member Hammier 4. ROLL CALL: Showing Council Member Martinez absent. Council Member Dunn arrived at 7:39 p.m. 5. MINUTES a. Regular Session Minutes of July 9, 2013 On a motion by Council Member Burk, seconded by Vice Mayor Butler, the minutes of the regular session meeting of July 9, 2013 were approved by a vote of 5-0-2 (Dunn/Martinez absent). b. Work Session Minutes of July 22, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Wright, the minutes of the work session meeting of July 22, 2013 were approved by a vote of 5-0-2 (Dunn/Martinez absent). c. Regular Session Minutes of July 23, 2013 On a motion by Council Member Hammler, seconded by Vice Mayor Butler, the minutes of the regular session of July 23, 2013 were approved by a vote of 5-0-2 (Dunn/Martinez absent). 6. ADOPTING THE MEETING AGENDA On the motion of Vice Mayor Butler, seconded by Council Member Wright, the meeting agenda was approved with the addition of the appointment of a commissioner to the Commission on Public Art, a fee waiver for Mainstreet Agriculture and adding item 11 a to the Consent Agenda by the following vote: 1 I Page COUNCIL MEETING August 13, 2013 Aye: Burk, Butler, Dunn, Hammler, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 7. PRESENTATIONS a. Proclamation—National Payroll Week On a motion by Council Member Hammier, seconded by Vice Mayor Butler, the following was proclaimed: PROCLAMATION National Payroll Week September 2-6, 2013 WHEREAS, the American Payroll Association and its 23,000 members have launched a nationwide public awareness campaign that pays tribute to the more than 156 million people who work in the United States and the payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and WHEREAS, payroll professionals in Leesburg, Virginia play a key role in maintaining the economic health of Leesburg, Virginia, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and WHEREAS, payroll departments collectively spend more than $15 billion annually complying with myriad federal and state wage and tax laws; and Whereas payroll professionals play an increasingly important role ensuring the economic security of American families by helping to identify noncustodial parents and making sure they comply with their child support mandates; and WHEREAS, payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; and WHEREAS, payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses; and THEREFORE PROCLAIMED by the Council of the Town of Leesburg in Virginia that the week in which Labor Day falls is National Payroll Week in 2 I Pane COUNCIL MEETING August 13, 2013 the Town of Leesburg and the Council gives additional support to the efforts of the people who work in Leesburg, Virginia and of the payroll profession. PROCLAIMED this 13th day of August, 2013. b. Board of Architectural Review Annual Report Richard Koochagian, Chair of the Board of Architectural Review (BAR), gave a brief summary of the Board's activities for the past year. He stated that the BAR has had a very active year with the change in staff liaison, a new chair person, and the largest application ever reviewed by the BAR— Courthouse Square. c. Proclamation—Day to Serve On a motion by Council Member Hammier, seconded by Vice Mayor Butler, the following was proclaimed: PROCLAMATION Day to Serve September 15-29, 2013 WHEREAS, the governors of Virginia, Maryland and West Virginia and the mayor of Washington, D.C., have come together to support "Day to Serve"; and WHEREAS, "Day to Serve" is an unique event that has inspired a diverse group of people of our larger region to set aside political, religious and cultural differences to strengthen our collective communities by coming together to "feed the hungry, protect and enhance the environment, as well as strengthening our communities"; and WHEREAS, the governor of Virginia has issued a proclamation encouraging all citizens of Virginia to participate in a Day of Service between September 15-29, 2013; and WHEREAS, since the inaugural "Day to Serve" in 2012, this remarkable and unprecedented event swept from the state capital to local churches, schools, neighborhoods and families and resulted in over 750 community events with more than 14,000 volunteers, culminating in 26,000 hours of service rendered, resulting in over 600,000 pounds of food being donated to local food banks; and WHEREAS, these events also helped to improve the environment through planting trees, cleaning up parks and streams, and "adopt a road" campaigns; and 3 I Page COUNCIL MEETING August 13, 2013 WHEREAS, the governor of Virginia has requested Virginians redouble their efforts for 2013. THEREFORE PROCLAIMED by the Council of the Town of Leesburg in Virginia that all citizens, faith based organizations, and community organizations of Leesburg should participate in a "Day to Serve" as a way to strengthen our community and improve the quality of life for all. PROCLAIMED this 13th day of August, 2013. 8. PETITIONERS The Petitioner's Section was opened at 8:00 p.m. Christopher Hatch, 19440 Dunlop Mill Road, addressed Council regarding Loudoun's Main Street Agriculture event to be held September 21 on Loudoun Street between King and Wirt. He requested a waiver of the $450 sign fee for the event signs at the entrances to town. Lynn Mischler, stated she is the owner of the Other Kind of Jewelry Store at 14 S. King Street. She stated her concern with the project to widen the sidewalks. She stated this is not in keeping with the historic aspect of the downtown. Richard Gallagher, 15 N. King St., stated he owns and operates a business in downtown Leesburg. He stated he was shocked to hear that the on-street parking will be removed. He stated his clients do not like to come downtown because of the parking. He asked Council to reconsider their decision regarding the sidewalks. Kobby Okynn, stated he runs the Edward Jones office next to Lightfoot Restaurant on N. King Street. He stated one of the biggest hurdles in getting clientele is the parking concerns of the downtown. He stated a lot of his clients are elderly and cannot walk all the way from the parking garage to his business. He requested that Council reconsider their decision regarding the on-street parking. He stated if the goal is to maintain a diverse variety of businesses downtown, parking should be a consideration. The Petitioner's Section was closed at 8:11 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Butler, seconded by Council Member Burk, the following items were moved for approval as the Consent Agenda: a. Sister City Relationship—St. Cyr sur Loire RESOLUTION 2013-093 Authorizing the Town Manager to Initiate a Sister City Relationship with Saint Cyr sur Loire, France 4 I F' arc COUNCIL MEETING August 13, 2013 b. Sycolin Road Widening, Phase III—Mitigation Credits Contract Award RESOLUTION2013-094 Awarding Purchase of Sycolin Road Widening Phase III Stream and Wetlands Mitigation Bank Credits to Loudoun County Wetlands and Stream Restoration, L.C. in the Amount of$100,554.86. c. Annual Milling and Paving Program RESOLUTION 2013-095 FY2014 Annual Program for Street Milling, Resurfacing, Concrete Repairs and Handicap Ramp Installations d. Catoctin Circle Culvert Replacement Contract Award RESOLUTION2013-096 Awarding the Contract for the Catoctin Circle Culvert Replacement in the Amount of$108,833.84 e. Approval of the Next Town Hall Art Gallery—Approval of the Next Art Exhibit by Doris Kidder RESOLUTION 2013-097 Town Hall Art Gallery—Approval of the Next Art Exhibit by Doris Kidder f. Authorizing the Settlement of Condemnation Litigation with Sycolin Road Condominium Association RESOLUTION 2013-099 Authorizing Settlement of the Condemnation Action of the Town Council of Leesburg v. Sycolin Road Industrial Condominium, Inc. g. Back to School Traffic Safety Initiative RESOLUTION 2013-098 Endorsing the Leesburg Police Department Traffic Safety Initiative h. Making an Appointment to the Commission on Public Art MOTION 2013-038 I move to appoint Minu Beijan to the Commission on Public Art for a term expiring December 31, 2016 The Consent Agenda was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 5 I Page COUNCIL MEETING August 13, 2013 10. PUBLIC HEARINGS a. Appeal to town Council—Comprehensive Sign Plan Amendment for Battlefield Shopping Center The appeal was opened at 8:19 p.m. Tracey Shifflet, Assistant Zoning Administrator, gave a brief summary of the appeal of the denial of TLHP 2013-0090 by the Administrative Sign Review Panel on June 21, 2013. Key Points: • Battlefield Shopping Center's Comprehensive Sign Plan was adopted in 1991 • Sign Plan includes red channel letters • Prior modifications occurred 2002 and 2006 • Purpose of comprehensive sign plans are to provide unified signage compatible with the architecture of multi-tenant developments • Administrative Sign Review Panel can approve modifications • Applicant is requesting to be allowed to use his corporate logo as part of his sign Molly Novotny with Cooley Goddard, represented the appellant. Appellant Points: • Would like to focus attention on the Whichwich sign • Amendment in 2002 allowed corporate logos • Compromise suggestions have not been accepted Council Comments/Questions: • Staff acknowledges portions of the sign as a logo, but not the entire sign • Proposed resolution calls for continued outreach to the community. • How did Starbucks get the green and white sign? Staff answer: Logo circular sign was approved, but the white lettering on the awning was erected without permit • If Council considers the entire sign to be a logo, there is no need for the denial or the appeal There were no members of the public wishing to address this issue. The appeal hearing was closed at 8:37 p.m. On a motion by Vice Mayor Butler, seconded by Council Member Wright, the following was proposed: 6 I Page COUNCIL MEETING August 13, 2013 MOTION 2013-036 Based on good planning practice and to facilitate the creation of a convenient, attractive and harmonious community, I move to reverse the decision of the Administrative Panel in the case TLHP 2013-0090, rendered on June 21, 2013 by declaring the proposed sign to be a corporate logo. Council Comments: • All elements of the sign contribute to the logo • Allow businesses outside the historic district to choose their signage • Be proactive in helping businesses with signage • Comprehensive sign plan is outdated 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. Authorizing Town Staff to proceed with the sale of public land rights to Loudoun Water On a motion by Vice Mayor Butler, seconded by Council Member Burk, the following was proposed: RESOLUTION 2013-100 Authorizing the Conveyance of Real Property to Loudoun Water and Execution of a Purchase and Sale Agreement by the Town Manager Council Comments/Questions: • This was discussed by Council and this is an equitable solution • Gives the town the ability to withdraw water from the reservoir in case of emergency • Concern that the town could have negotiated better terms The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1-1 (Martinez absent) 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 7 1 Page COUNCIL MEETING August 13, 2013 14. NEW BUSINESS a. Fee Waiver for Main Street Agriculture On a motion by Council Member Burk, seconded by Council Member Dunn, the following was proposed: MOTION 2013-037 I move to waive the$450 entry sign fee for Mainstreet Agriculture Program Council Comments: • Intent is to bring awareness that farming is still part of Loudoun County • Event is free to the public • Does not cost the town anything • Eating local is healthy and good for the environment The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1-1 (Martinez absent) 15. COUNCIL COMMENTS Vice Mayor Butler disclosed conversations with representatives of Lowe's. He stated he also talked with representatives of Shoe's Cup and Cork. He thanked Council for allowing him to participate in the last Council meeting electronically. He stated someone has proposed building a transportation tube between Los Angeles and San Francisco and that a similar tube has been proposed to traverse the country. Council Member Burk stated she and the Mayor visited the Homeless Shelter, which was very impressive. She noted she attended the ribbon cutting for Big Lots in Leesburg, National Night Out at Catoctin Elementary School and the community meeting called by School Board member Debbie Rose concerning the bus route changes. She stated she agrees that some students can walk to school, but others have safety issues. She thanked Council for their work on the letter to the School Board supporting Ms. Weiss' appeal. She stated that Acoustics on the Green this week was phenomenal. She stated the land sale to Loudoun Water is significant in that it has provided an alternative source of water for the town. She reminded everyone that there is a world class fitness center at Ida Lee which includes a gym, pools, racquetball court, and lots of free classes and instructors. Council Member Hammier noted that First Friday was wonderful. She stated the police have been very proactive asking residents to be on the lookout for vandals and vandalism particularly at Robinson Park. She urged citizens to alert the police to any suspicious activity. She stated she is excited about the Sister City in France as it is a great opportunity to involve high school French classes and students getting to know another culture. She noted she attended the VML executive committee meeting. She wished everyone a great summer break. She wished Council Member Wright a happy birthday. 8 I Page COUNCIL MEETING August 13, 2013 Council Member Wright stated that the approval of the Traffic Safety Initiative by the Leesburg Police Department is very timely and will help remind everyone to be more aware of their driving habits. He stated he enjoyed National Night Out. He congratulated everyone on Council and staff for winning the VML Award for Long Range Sustainability in Fiscal Planning. 16. MAYOR'S COMMENTS Mayor Umstattd thanked Vice Mayor Butler for attending the School Board meeting and speaking on behalf of Council in support of Ms. Weiss' appeal and in support of delaying changes in the walk zones for a year. She stated the Police department went above and beyond for the National Night Out. She thanked the sponsoring businesses, specifically Target. She the award for Long Range Financial Planning was the result of a lot of restraint on the part of the Council from spending. She stated the town would not have gotten the award without the teamwork that exists between staff and Council. She noted that the town ranked within the top 50 of places to live in the CNN Money list. 17. MANAGER'S COMMENTS Mr. Wells stated that teamwork was required for long range budget sustainability and is not done by many local governments. He stated that Council deserves credit for making that standard practice for the town. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Wright, seconded by Council Member Burk, the meeting was adjourned at 9:08 p.m. Kristen C. Umstattd, Mayor Town of Leesburg ATTA ST: II I Clerk of C i cil 2013 tcmin0813 9 I Pdn