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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. 1 I Page COUNCIL MEETING September 10, 2013 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. 2 I Page' 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 3 I Page COUNCIL MEETING September 10, 2013 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. 4 I Pag 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) 5 I Page 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. 6 1 Page 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 7 I Page COUNCIL MEETING September 10, 2013 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 AT� 1r Clerk of C cil 2013 tcmin0910 8II' a ;;c •