HomeMy Public PortalAbout2013_tcmin0910 COUNCIL MEETING September 10, 2013
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, Thomas Dunn, Katie Sheldon Hammler,
Marty Martinez, Kevin Wright and Mayor Umstattd.
Council Members Absent: David Butler. Council Member Martinez arrived at 7:38
p.m. Council Member Dunn left at 9:56 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Economic Development Marantha Edwards, Director
of Public Works Tom Mason, Assistant Town Manager Scott Parker and Clerk of
Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Hammier
3. SALUTE TO THE FLAG: Council Member Wright
4. ROLL CALL: Showing Vice Mayor Butler absent. Council Member Martinez
arrived at 7:38 p.m.
5. MINUTES
a. Special Session Minutes of August 12, 2013
On a motion by Council Member Wright, seconded by Council Member Hammier,
the minutes of the special session meeting of August 12, 2013 were approved by a vote of 5-
0-2(Butler/Martinez absent).
b. Work Session Minutes of August 12, 2013
On a motion by Council Member Burk, 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
(Butler/Martinez absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Wright, seconded by Council Member Hammier, the
meeting agenda was approved as presented by the following vote:
Aye: Burk, Dunn, Hammier, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2(Butler/Martinez absent)
7. PRESENTATIONS
a. USTMA Presentation from the Mayor of Samcheok
Bob Wilson presented two students that visited the Sister City of
Samcheok, South Korea, for a month to study Tae Kwon Do in a Korean dojo.
He also presented Mayor Umstattd a gift from the Mayor of Samcheok.
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b. Economic Development Dashboard
Jim Sisley, Chair, and Don Chapman, Vice-Chair, of the Economic
Development Commission presented the Economic Development Dashboard to
Council. He stated this will be an important tool for Economic Development to
present information to the public in a positive way.
c. Loudoun County Homeless Shelter
Tom Nichols stated he is the Program Director of the Homeless Shelter.
He thanked Council for their ongoing support. He reviewed the facilities,
programs and clientele.
d. Tree Commission Annual Report
Tom Seeman presented the 2013 Tree Commission Annual Report
recapping the Commission's activities for the past year.
8. PETITIONERS
The Petitioner's Section was opened at 7:58 p.m.
Joshua Schwanborg, spoke in favor of Council reviewing the decision on the
South King Street Improvements. He stated that removing parking along South King
Street would be detrimental to his family's restaurant, China King. He noted that all
that money would be spent to achieve only a few months' worth of outdoor dining.
Waily Wang, asked Council to reconsider their decision on the South King Street
Improvements. She stated that the loss of parking in front of the China King would
damage her business.
Carleton Penn, III, stated he is a native of Leesburg and feels that this
improvement plan will lead to the demise of the downtown.
David Ives, 304 Wingate Place, SW, he stated that doing anything to the
downtown will cause it to lose its charm. He asked Council to reconsider their decision
and not destroy Leesburg's greatest asset.
Tony Virgilio, 20487 Oatlands Chase, stated the town is trading customers who
are willing to come downtown for a chance that that more will come because of the
widened sidewalks. He stated removing parking will not entice people to come
downtown.
Dick Snooks, stated he and his wife cannot walk very far due to health problems.
He stated that there are only a few months out of the year where people will want to eat
outdoors.
Laura Dutton, 141/2 South King Street, stated she is a downtown resident. She
stated the businesses on the east side of the street will not benefit from these
improvements, yet will be affected by the loss of street parking.
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COUNCIL MEETING September 10, 2013
Scott Gustayson, 15 N. King Street, stated he is supporting his neighbors on
King Street. He stated the downtown works and business is picking up. He stated they
like the town like it is.
Koby Okynn, 15 N. King Street, stated the business owners he has spoken to are
not happy with the planned improvements. He stated many businesses do not benefit
from outdoor dining. He stated if customers know there is no street parking, they will
not patronize the downtown businesses. He stated many of the businesses opposed to
removal of the parking are restaurants.
Mr. R. Nemetz, 102 Lake View Way, questioned whether a thorough,
comprehensive study has been done with regards to fire safety. He questioned whether
the cost of moving the storm drain has been figured out. He questioned whether the
people of the town can be allowed to vote on this at a general election.
David Moreau, 214 Foxborough Drive, SW, requested that Council reconsider
this project as many businesses are against it.
Greg Hudson, 111 Bridgette Place, N.E., stated the amount of money to be spent
on this project is shocking. He asked that the money be spent on other projects that will
benefit the town. He stated the downtown has appeal.
Debbi Virgilio, 20487 Oatlands Chase, stated she frequents a lot of the shops on
King Street and if she cannot get a parking place on the street, she will drive around the
block several times. If she still cannot get a parking place on the street, she will go
home. She stated she would not sit on the street to eat as it is too close to traffic. She
stated the restaurants will suffer. She stated that car insurance rates in Leesburg are
higher because crime rates in Leesburg are higher than Arlington.
Sola Palotta, 16 S. King Street, stated that these improvements have been
advertised and discussed for several years and the entire downtown will be tied together
with the revitalization project. She stated this project includes trees and new lights. She
stated the current downtown is not working to attract foot traffic. She listed businesses
that have closed in the past few years.
Fabian Saiedi, stated he has lived in Leesburg for over 40 years and the town is
safe and the economy is good. He stated those in opposition to the Downtown
Improvements should have made their feelings known during the process leading up to
the approval. He stated the Council cannot keep changing its mind. He stated there is
plenty of parking in the downtown in the garage and on Liberty Street. He stated special
interest groups do not want to lose their delivery parking. He offered to find people a
parking spot if they cannot find one. He urged Council to go forward with the approved
plan.
Lynn Mischler, Other Kind of Jewelry Store, stated the economy was the reason
some businesses went out of business. She stated having on-street parking is convenient
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for the handicapped and elderly. She questioned why Council would spend so much
money to take away what makes the downtown unique.
Jim Sisley, stated he has been working on downtown revitalization for several
years. He stated the approved plan will widen the sidewalks, the intersections, add street
trees, and new lights. He stated only eight spaces will be removed on S. King Street. He
noted that not all the money will be spent on widening the sidewalks— it will be spent to
improve the downtown.
Jonathan Keller, stated he is not in support of the improvement plan. He asked
Council to reconsider their decision on this plan.
Leah Kozin, 122 Carnaby Way, NE, stated she likes the way Leesburg is already.
She stated as a mother, she would like to find parking on King Street because it is
difficult to park in the parking garage and transport her children.
The Petitioner's Section was closed at 9:12 p.m.
Mayor Umstattd stated her intention to add this to the October 8 agenda for
rescission of Plan A and reconsideration of Plan B.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Wright, seconded by Council Member Hammier, the
following items were moved for approval as the Consent Agenda:
a. Oaklawn at Stratford Rough Grading Plan—Release of the Performance
Guarantee
RESOLUTION 2013-101
Releasing the Performance Guarantee for Oaklawn at Stratford Rough Grading
Plan (DPR #04-132-2G)
b. Wolf Furniture—Release of the Performance Bond and Acceptance of a
Maintenance Bond
RESOLUTION 2013-102
Accepting the Public Improvements, Releasing the Performance Guarantee
and Approving a Maintenance Guarantee for Wolf Furniture(TLPF2011-
0003)
c. Lowenbach, Phase IV Outfall—Construction Contract Award
RESOLUTION 2013-103
Awarding the Construction Contract for the Lowenbach Phase IV—Storm
Drainage Improvements Project to Arthur Construction Co., Inc., in the
Amount of$1,299,851.75.
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COUNCIL MEETING September 10, 2013
d. Runway Safety Area Grading—Construction Contract Award
RESOLUTION 2013-104
Awarding the Construction Contract for the Airport Runway Safety Area Grading
Project and Accepting a Grant from the Virginia Department of Aviation and the
Federal Aviation Administration
e. Virginia Regional Transit—FY2014 Nine Month Contract Award
RESOLUTION 2013-105
Awarding a Contract for Non-Rural Bus Service within and Around the Town of
Leesburg
f. Making an Appointment to the Environmental Advisory Commission
MOTION 2013-106
Making an Appointment to the Environmental Advisory Commission
The Consent Agenda was approved by the following vote:
Aye: Burk, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Butler absent)
10. PUBLIC HEARINGS
a. None.
11. RESOLUTIONS AND MOTIONS
a. Initiation of Conveyance of Public Property to Loudoun Water
On a motion by Council Member Wright, seconded by Council Member Hammier,
the following was proposed:
RESOLUTION 2013-109
To Initiate and Authorize the Execution of a Deed of Subdivision, Conveyance,
Easements and Vacation and a Deed of Vacation for Sale of Public Property to
Loudoun Water
Council Comments:
• Protects the town's interests
• Would have liked to consider this a long term revenue source
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 4-1-2(Butler and Martinez absent)
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COUNCIL MEETING September 10, 2013
b. Morven Park Boundary Line Adjustment
Scott Parker stated these resolutions direct staff to start work on the
project. He noted that there will be ample opportunities for Council to further
direct staff.
Former Mayor, BJ Webb, of the Morven Park Board of Trustees, stated
that bringing Morven Park into the Town of Leesburg is in the best interests of
the town and Morven Park. She stated that the Board is interested in protecting
the legacy entrusted to them by the Davis'.
On a motion by Council Member Martinez, seconded by Council Member Wright,
the following was proposed:
RESOLUTION 2013-107
Initiation of a Boundary Line Adjustment;Morven Park and Other Properties
Council Comments:
• Council Member Wright disclosed that former Mayor Webb is his mother.
• There are numerous options to manage any risk that would occur
• Council will examine whether Rt. 15 should be brought into the town
• Very excited about the programs that will be offered
• Potential high price tag for town services with no revenue to be realized
• Do not see any long term gain
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 5-1-1 (Butler absent)
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed:
RESOLUTION 2013-108
Initiating Amendments to the Leesburg Zoning Ordinance to Establish a New
Zoning District for the Morven Park Property
The motion was approved by the following vote:
Aye: Burk, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 5-1-1 (Butler absent)
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
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COUNCIL MEETING September 10, 2013
14. NEW BUSINESS
a. None.
15. COUNCIL COMMENTS
Council Member Dunn had no comments.
Council Member Burk stated she was invited to the kick off of the motorcycle
ride at Payne's Bar to benefit the Muscular Dystrophy Association. She stated she
attended the 210 Anniversary of the Leesburg Volunteer Fire Company. She stated she
also participated in the annual dog swim. She disclosed a meeting with Jan Zachariasse
and the Waterford Development Group. She encouraged everyone to come downtown
to the Paragon Arts Festival over the weekend.
Council Member Martinez stated he attended the Central Loudoun Little League
event at Good Times Park. He requested that the subject of lighting Robinson Field be
discussed. He noted that water and sewer was only brought to the property line at Good
Times Park. He stated it was assumed that the new developer would bring the water
and sewer lines onto the property.
Council Member Hammier stated she is saddened by all the townhouses
encroaching on Good Times Park. She disclosed a conversation with BJ Webb and a
meeting with Petersen about Crosstrails. She stated she attended the Epicurience Event
at Morven Park, which was valued at$95. She stated she attended the 9-11 Ride and it
was truly moving. She stated she will be attending the 9-11 Ceremony on Wednesday.
She stated she attended a lecture at Balch Library by James Hershman. She thanked
Jennifer Lassiter at Paxton and the Aurora School who is embracing preservation with
an eye towards the future. She congratulated Knight Solutions and FCI Federal which
are two Leesburg businesses that are amongst the fastest growing in the nation.
Council Member Wright disclosed a meeting with Jan Zacharaisse regarding the
Waterford project on S. King Street. He also disclosed a meeting with Petersen and
their attorney regarding Crosstrail. He noted the Friends of Leesburg Public Art put in a
lot of effort with respect to the arts festival this weekend. He complimented the Friends
of the Dog Park for their Dog Swim event, which was very well run. He noted he has an
opening on the Economic Development Commission.
Council Member Martinez stated the traffic on Battlefield Parkway is not just a
problem on Friday nights. He mentioned that the light cycle for the Rt. 7/Battlefield
Parkway interchange does not let enough north/south traffic through.
16. MAYOR'S COMMENTS
Mayor Umstattd stated that the President of Central Loudoun Little League had
good things to say about Council Member Martinez and staff member, Lee Phillips. She
stated she officiated at the ribbon cutting for Crafty Stitches in the Village at Leesburg,
which is an interesting concept for sewing. She congratulated Tom Dunlap on the
ribbon cutting for Dunlap-Weaver on Church Street. She stated the Battlefield Run to
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raise money for the children of fallen special operations warriors will be held this coming
weekend.
17. MANAGER'S COMMENTS
Mr. Wells updated Council on the efforts around Tuscarora High School to
improve safety for the walking students. He stated some traffic counts will be performed
and lights will be adjusted based on actual traffic. He stated Yield to Pedestrian signs
have been approved and will be installed by the school. He noted brush and hedges
along Dry Hollow Road will be trimmed to increase visibility for the walkers.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Wright, seconded by Council Member Burk, the meeting
was adjourned at 10:11 p.m.
C1
Kristen C. mstattd, Mayor (
Town of Leesburg
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Clerk of C cil
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