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Home My Public Portal About2013_tcmin1022 COUNCIL MEETING October 22, 2013 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Marty Martinez, Katie Sheldon Hammler, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Dunn arrived at 8:16. Council Member Martinez arrived at 8:55 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Assistant Town Manager Scott Parker, Director of Utilities Amy Wyks, Deputy Director of Planning and Zoning Brian Boucher, Senior Planner Michael Watkins, Director of Plan Review Bill Ackman, Director of Economic Development Marantha Edwards, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Wright 3. SALUTE TO THE FLAG: Vice Mayor Butler 4. ROLL CALL: Council Member Dunn arrived at 8:16 p.m. and Council Member Martinez arrived at 8:55 p.m. 5. MINUTES a. Work Session Minutes of October 7, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Wright, the minutes of the work session meeting of October 7, 2013 were approved by a vote of 5-0-2 (Dunn/Martinez absent). b. Regular Session Minutes of October 8, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Wright, the minutes of the regular session of October 8, 2013 were approved by a vote of 5-0-2 (Dunn/Martinez absent). 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Wright, seconded by Vice Mayor Butler, the meeting agenda was approved as presented: Aye: Burk, Butler, Hammier, Wright and Mayor Umstattd Nay: None Vote: 5-0-2(Dunn/Martinez absent) 7. PRESENTATIONS a. INOVA Loudoun Hospital presentation of Historic Documents Rod Williams of INOVA presented the town with two documents that were recovered from long term storage: Opportunity, Leesburg and You(May, 1 I Page COUNCIL MEETING October 22, 2013 1949) and A Report of Leesburg Restoration and Development Commission (August 1962). 8. PETITIONERS The Petitioner's Section was opened at 7:39 p.m. Joshua Schwanborg, read a prepared statement regarding the happenings at the last Council meeting when Council heard testimony regarding the Downtown Improvements. He stated his desire to have the question put on the ballot for referendum. Donald Shea, 305 West Market Street, requested a town code amendment to allow Council members the right to participate electronically in Council meetings as per the state code. The Petitioner's Section was closed at 10:36 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Butler, seconded by Council Member Hammler, the following items were moved for approval as the Consent Agenda: a. Balls Bluff Battlefield Historic District RESOLUTION 2013-120 To Support Loudoun County's Initiative to Expand Balls Bluff National Register and Landmark Boundary b. Airport Runway 17 Safety Area Grading—Granting a Utility Easement to NOVEC RESOLUTION 2013-121 Dedicating an Easement to NOVEC for the Relocation of the Power Supply to the Instrument Landing System at Leesburg Executive Airport c. Approval of Office Lease at Leesburg Executive Airport RESOLUTION 2013-123 Approval of Office Lease to Mindstar Aviation, LLCfor an Office Suite in the Terminal at the Leesburg Executive Airport d. VDOT Revenue Sharing Application Endorsement RESOLUTION 2013-124 Authorizing the Town Manager to Execute the Application for VDOT Revenue Sharing Funds for the Sycolin Road Widening Phase IV Project,for Street ............ Resurfacing Maintenance Projects, and for Rehabilitation of the Davis Court Bridge 21 Pagc COUNCIL MEETING October 22, 2013 e. Utility Rate Study Consultant Award RESOLUTION2013-125 Awarding a Contract to Public Resources Management Group, Inc., in an Amount not to Exceed$75,000 to Conduct a Water and Sewer Rate Study The Consent Agenda was approved by the following vote: Aye: Burk, Butler, Hammier, Wright and Mayor Umstattd Nay: None Vote: 5-0-2(Dunn/Martinez absent) 10. PUBLIC HEARINGS a. Crescent Place Michael Watkins presented this application for a concept plan and proffer amendment. Key Points: • Crescent District Master Plan designates the property as Residential, High and Mixed Use • Mixed use reduction from 77,000 to 16,000 square feet of commercial • Residential density is reduced from 332 to 226 • Revised site layout • Some proffers added/deleted • Building heights are unchanged • AT&T property is zoned as residential—high density - could not be expanded under the current zoning • Staff does not support the reduction in commercial parking spaces • Staff supports the alternative residential parking space credits, lot size, width and area reductions, reduction of the canopy tree requirements, reduction of creek valley buffer, reduction in number of loading spaces, entrance spacing on an industrial court, and setbacks • Modifications would allow 71 additional dwelling units • Staff does not support modification to the buffer yard between the AT&T property and the residential units • Staff recommends approval of the application with comments as noted Council Comments/Questions: • Why is the applicant expanding the town's parking lot? Staff answer: Applicant will add 15 spaces with the purpose of using the town's lot as part of their requested parking modification • Should the town sell the parking lot, the applicant would not have enough parking • Where is the open space? Staff answer: There are three basic open space elements. 3 I Page COUNCIL MEETING October 22, 2013 • What happened to the proffer for overflow parking for the courts complex? Staff answer: That proffer still exists. • Biggest issue is the waiver for commercial parking • Concern that the two-over-two units are not financially viable • Would like a proffer concerning public art • Christine Gleckner with Walsh Colucci, represented the property owner. • Worked cooperatively with AT&T to include them in the rezoning application • Applicant is ready to move forward after approval • Reduction in residential and commercial density from the approved Harrison Park plan • Proposing an urban-style development • Brick sidewalks throughout • Proffering special treatment for the high-visibility end and rear units that are visible from Catoctin Circle • Will pave and expand the town parking facility as well as add landscaping • Spaces in the lot will remain public spaces • Will construct a trail through Raflo Park • Hope to provide opportunities for public art • Open to discussing conversion of two-over-two units along the W&OD trail to Live/Work units Doris Kidder, 139 Woodberry Road, NE, stated she wanted to make sure the Council understands the Planning Commission's process with respect to their review of the Crescent Place application. She stated they had a total of four meetings, two of which were work sessions. She noted they had worked through 50 problematic issues. Jack Connor, representing Middleburg Bank, expressed their support for the development. He stated it will be a major improvement for the town. Gigi Robinson, 207 Prince Street, stated that this application does not satisfy the land use or transportation elements of the Town Plan or the spirit of the Crescent District Master Plan. She stated the application reduces the proffers offered by the previously approved plan and expressed concerns over lack of open space and public gathering areas. Bob Gordon, 205 Andover Court, NE, stated that residential units within walking distance to the downtown are what is needed in Leesburg. He urged approval of this plan. Carolina Lucci, owner of Mama Lucci's, stated that the current state of the property is an eyesore and expressed her support for the development. She 4 ► Page COUNCIL MEETING October 22, 2013 stated all the business owners on Industrial Court are eagerly awaiting this development. Cindy Urbano, owner of Alphagraphics, stated she is the president of the Catoctin Crescent Association representing about 50 mom and pop businesses located along the Catoctin Crescent. She stated that Mr. Mitchel has been very good about sharing his plans with the businesses. She stated they are very excited about the excitement and synergy that this development will bring to the neighborhood. Gem Bingol, Piedmont Environmental Council, urged Council not to approve the application as it does not implement the Crescent District Master Plan adequately and proffer deficiency. She urged creative thinking to solve the parking issues. Ralph Ferriola, 216 Edwards Ferry Road, stated he operates a personal training business. He stated he expanded his personal training business to Lansdowne and has been very successful. He is looking forward to expanding to Crescent Place. He stated Mr. Mitchel's developments incorporate smart planning. Jim Bowman, stated he lives in Purcellville, but has been active in the business community in Leesburg. He stated he believes this project goes a long way towards completing this district. Scott Gustayson expressed his support for this plan. He stated the previously approved 70,000 square feet of commercial was too large and this is a better fit. The public hearing was closed at 9:21 p.m. Vice Mayor Butler made a motion, seconded by Council Member Hammier, to reschedule this item to a special meeting to be held November 13, 2013 at 7::30 p.m. in the Council Chambers. The motion was approved by the following vote: Aye Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 11. RESOLUTIONS AND MOTIONS a. Loudoun Street Mural On a motion by Mayor Umstattd, seconded by Council Member Burk, the following was proposed: MOTION 5 I Past COUNCIL MEETING October 22, 2013 The COPA is authorized to explore various options concerning the Town Garage Mural Project; options included but not limited to:a reduction in the size and location of the mural, incorporation of a vertical garden and/or other features so long as they do not impact the integrity of the structure. COPA will update Council as to their progress and for approval of any RFP(as needed)or final design. All prior resolutions/motions not in conflict with this motion will remain as part of the project parameters Council Comments/Questions: • Change in location of the mural refers to changing the location on the garage, not changing the location from the garage • Would like to consider this space for active art, farmer's market, or another use to bring people downtown • Not the highest and best use for this space Council Member Hammler offered a motion, seconded by Council Member Dunn to allow the Town Manager to entertain discussions regarding a PPEA for half the Loudoun Street property. The motion failed by the following vote: Aye: Dunn and Hammier Nay: Burk, Butler, Martinez, Wright and Mayor Umstattd Vote: 2-5 The main motion failed by the following vote: Aye: Burk, Butler and Martinez Nay: Dunn, Hammler, Wright and Mayor Umstattd Vote: 3-4 Vice Mayor Butler offered a motion, seconded by Council Member Hammier to direct COPA to come back with their second choice recommendation including recommended size and cost. Aye: Butler and Burk Nay: Hammler, Dunn, Martinez, Wright and Mayor Umstattd Vote: 2-5 b. Green Energy Partners On a motion by Council Member Wright, seconded by Council Member Burk, the following was proposed: RESOLUTION 2013-126 Authorizing the Execution of a Reclaimed Water Agreement Between the Town of Leesburg and Green Energy Partners Council Comments/Questions: • All Council members received a stuffed panda bear at their seats 6IPage COUNCIL MEETING October 22, 2013 • Well vetted agreement in best interests of the Town of Leesburg 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Dunn disclosed a phone call with Ms. Gleckner regarding Crescent Place. He stated he would support a sculpture garden. Vice Mayor Butler disclosed a conversation with Michael Banzhaf. Council Member Burk expressed her disappointment in the mural vote. Council Member Martinez stated he may be driving his car in the Halloween Parade. He disclosed a meeting with Mike Banzhaf and Christine Gleckner and Rick Lanham regarding Crescent Place as well as Hobie Mitchell. Council Member Hammler disclosed phone calls with Hobie Mitchell regarding Crescent Place. She disclosed that she did not receive any contributions from the developer. She noted she did receive contributions to her campaign from two planning commissioners, Brett Burk and Milt Herd. She stated she will check to see if she received any contributions from Bob Gordon. She disclosed a meeting with Mike Banzhaf about the property next to Costco. She disclosed a conversation with Gem Bingol of the Piedmont Environmental Council regarding Crescent Place. She congratulated the town and staff on the VML award. She thanked staff for the Boards and Commissions networking event. She noted that she was elected to an at-large three- year term position on the VML Executive Committee. Council Member Wright disclosed a meeting with Hobie Mitchell and Christine Gleckner on Crescent Place. He complimented Convoy of Hope organizers on their event. 16. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with Hobie Mitchell. She also disclosed a meeting with Mike Banzhaf and a representative of the company that is proposing an assisted living facility between Shields Terrace and Costco that will require a rezoning. 17. MANAGER'S COMMENTS John Wells congratulated Council for their work on the VML award. He noted the Halloween Parade line up will be no later than 5:45 p.m. at Ida Lee Drive. 18. CLOSED SESSION 7 I Page COUNCIL MEETING October 22, 2013 On a motion by Mayor Umstattd, seconded by Council Member Wright, the following was proposed: Pursuant to Section 2.2-3711(A)(1)of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of receiving information and discussion regarding: a. Personnel matter The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 Council convened in closed session at 10:38 p.m. Council reconvened in open session at 10:52 p.m. On a motion by Mayor Umstattd, seconded by Vice Mayor Butler, the following was proposed: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 19. ADJOURNMENT On a motion by Vice Mayor Butler, seconded by Council Member Dunn, the meeting was adjourned at 10::52 p.m. Kris ir- • C. mstattd, Mayor Town of Leesburg AT : 10A 4 Clerk of O. it 2013 tcmin 1022 81 Page