HomeMy Public PortalAbout2013_tcmin1210 COUNCIL MEETING December 10, 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 Hammier, Kevin Wright and Mayor Umstattd.
Council Members Absent: None.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Assistant to
the Town Manager Scott Parker, Director of Planning and Zoning Susan Berry Hill,
Director of Plan Review Bill Ackman, Director of Economic Development Marantha
Edwards, IT Manager Annie Carlson, Deputy Director of Planning and Zoning Brian
Boucher, Senior Planner Michael Watkins and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Mayor Umstattd
3. SALUTE TO THE FLAG: Council Member Burk
4. ROLL CALL: showing all members present.
5. MINUTES
a. Work Session Minutes of November 25, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the
minutes of the work session meeting of November 25, 2013 were approved by a vote of 7-0.
b. Regular Session Minutes of November 26, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the
minutes of the regular session of November 26, 2013 were approved by a vote of 7-0.
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Martinez, seconded by Vice Mayor Butler, the meeting
agenda was approved as presented:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
7. PRESENTATIONS
a. Technology and Communication Commission Annual Report
JB Anderson, Chair, and Tom Watson, Vice-Chair, gave a presentation to
Council on the past year's activities involving the Technology and
Communication Commission. They also discussed some projects planned for
2014, including their draft Strategic Plan.
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8. PETITIONERS
The Petitioner's Section was opened at 7:55 p.m.
Joshua Schwanborg, stated that the downtown is not an arts and entertainment
district. He asked Council to consider the demonstration of the widened sidewalks so
that an informed decision can be made.
Gem Bingol encouraged Council to match the County's Capital Intensity Factor
with regards to schools. She noted that the current rate of$3k per parking space
payment in lieu is too small. She stated structured parking will be needed and the rate
should be raised.
The Petitioner's Section was closed at 8:04 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following
items were moved for approval as the Consent Agenda:
a. Sycolin Road Widening Ph. III—Construction Contract Award
RESOLUTION 2013-142
Awarding the Construction Contract for the Sycolin Road Widening Phase III
Project to General Excavation, Inc. in the Amount of$3,814,504.20
b. Acceptance of a Portion of Tolbert Lane from Virginia
RESOLUTION 2013-143
Authorizing the Acceptance of a Portion of Tolbert Lane from the
Commonwealth of Virginia
c. Downtown Improvement Project—Loudoun Street Easement Acquisition
Authorization
RESOLUTION 2013-144
Declaring that a Public Necessity and Use Exists and Authorizing an Offer to
Acquire Permanent and Temporary Easements for the Downtown Improvements
Phase II—Loudoun Street Project
d. Making an Appointment to the Commission on Public Art
RESOLUTION2013-145
Making an Appointment to the Commission on Public Art
e. Initiating a Review of Capital Intensity Factors
RESOLUTION 2013-146
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COUNCIL MEETING December 10, 2013
Initiate, Review and Update the Proffer Policy for School Capital Intensity Factors
as Adopted by Town Council Resolution #2005-111
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Crescent Place
The public hearing was opened at 8:07 p.m.
Michael Watkins gave a brief presentation of rezoning Concept Plan and
Proffer Amendment request. He noted that the AT&T site is included, which is
planned to undergo a building expansion in the future.
Council Comments/Questions:
• Are any taxpayer dollars going to the applicant?
Staff answer: None.
• Would like language ensuring that the demolition will occur prior to
anything else happening
• When will improvements to the town owned parking lot be completed?
Applicant answer: The project will need to be bonded prior to receiving a
zoning permit before beginning construction of any of the commercial
buildings. Parking lot will need to be completed prior to any occupancy
permits for commercial uses being issued
• Why was requested language regarding native plants not included?
Applicant answer: Discussions with Town staff came up with some
interesting ideas for Raflo Park
• Park contribution requirement in the town is minimal compared to county
requirements
• Still concerned about use of the public parking lot
• Is the application in conformance with access standards?
Staff answer: Yes.
• Does the Crescent Design guidelines require that the development have a
"factory" look?
Staff answer: The guidelines are to create a streetscape more like
"traditional" Leesburg, not an industrial look.
Gary Dickens, stated he is the publisher of Leesburg Magazine and on the
Board of the Catoctin Crescent Association. He stated the businesses in the
Crescent District are struggling and are very happy that Mr. Mitchel purchased
the Barber and Ross property. He stated they look to this development as a way
to increase the foot traffic to their businesses.
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COUNCIL MEETING December 10, 2013
Gem Bingol stated she works for the Piedmont Environmental Council.
She stated that the project has been improved. She expressed concern that the
ratio between residential and commercial and the proffers are still not adequate
for the town and county taxpayers.
Jim Bowman stated he lives in Purcellville, but works in Leesburg. He
congratulated Council on the work they have done on this project as it is a great
plan.
Leigh Ann Michaels, 216 Edwards Ferry Road, NE, stated she is here to
support the project.
Ralph Ferriola, 216 Edwards Ferry Road, NE, stated that investment in
Mr. Mitchel's Lansdowne project was good for him and he is looking to do the
same with Crescent Place as a way to grow his personal training business.
Sherry Garvin, Leesburg Pharmacy, stated the run down Barber and Ross
buildings are not representative of Leesburg's thriving economy. She stated the
ripple effects from this development will be good for the town.
Scott Gustayson, stated this project has improved a lot as a result of the
process. He stated this will grow the housing choices for individuals and be a
good thing for the community.
Carolina Lucci, urged Council to vote yes on this project. She stated her
business, Mama Lucci's, needs the old Barber and Ross lunch crowd back. She
stated all the businesses on the Crescent need the development.
The public hearing was closed at 9:01 p.m.
On a motion by Council Member Hammier, seconded by Council Member Dunn,
the following was proposed:
ORDINANCE 2013-0-019
Approving Concept Plan and Proffer Amendment TLZM2012-0003, Crescent
Place, Amending TLZM2005-0001 Harrison Park, and Rezoning 0.12 Acres of
Land from CD-RH to PRN, the Properties Being Located Near the Intersection of
Harrison Street and Catoctin Circle
Council Member Comments/Questions:
• This will be an important catalyst for the downtown.
• Doubled the commercial space from the initial application
• Parking situation is not perfect, but workable
• Will bring in new customers, residents and businesses
• Parking situation is no different than downtown where businesses do not
have parking and the town provides parking to assist them or the Market
Station development where the town owns the parking lot
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COUNCIL MEETING December 10, 2013
• Involvement by citizens has lead to a much better development than
previously submitted
• Developer will be improving both sides of Harrison Street and adding on-
street parking where none previously existed as well as improving and
adding spaces to the town owned lot, which could not have been sold
because of previous proffer encumberments
• Improvements to Raflo Park, connections to the W&OD trail and
proffered money for recreation will help ease the need for open space
• Architectural detail is very high quality
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. Transit Report
On a motion by Council Member Wright, seconded by Vice Mayor Butler,
the following was proposed:
MOTION 2013-049
I move that the Council advise the Loudoun County Board of Supervisors
of the Town's willingness to pay only the local funding for Safe-T-Ride and
for Saturday service between downtown and the Outlet Center, as outlined
in the attached letter
Council Comments/Questions:
• Routes that originate in Leesburg, but also serve county
destinations around Leesburg would be attractive to the county
• Routes have been designed to serve town residents as well as
county residents in as efficient a manner as possible
Vice Mayor Butler offered a friendly amendment to add the words "and
around"to the third bullet point and to take out the word "the". The amendment
was accepted as friendly.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
b. Video Series Production
On a motion by Vice Mayor Butler seconded by Council Member Wright, the
following was proposed:
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COUNCIL MEETING December 10, 2013
MOTION 2013-050
I move that the Town Council approve the production of a new resident orientation
video series, with the first three videos funded from the existing FY2014 budget and
funds added to the FY2015 budget for subsequent videos. I further move that the
Council endorse the "Leesburg Unscripted"video series to be produced by Monroe
Technology Center students with assistance from Capital TV Productions, at no
cost to the Town
Council Comments/Questions:
• This helps to move the town into the 21'century with respect to getting
information to residents
• Looking forward to getting feedback on the number of views these videos
receive
• Great example of how many people in the community volunteer their
time and energy to make things better
• Moving forward, creating handheld apps for various town services, should
be investigated
• It was noted that the town could not promote specific businesses
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
c. Town Manager Recruitment Process
On a motion by Vice Mayor Butler, seconded by Mayor Umstattd, the following
was proposed:
MOTION2013-051
I move that the Town Council direct staf to post the position of Town Manager
internally using the current job description. Staff will direct interested parties to
submit a resume and cover letter to the Town Clerk. Interviews will be expected to
begin January 13, 2014.
Council Comments/Questions:
• Would prefer to have a national search
Council Member Dunn requested an amendment to accept unsolicited external
applicants into the review process. Mayor Umstattd determined that this motion was not
germane to the main motion and therefore did not accept the motion at this time.
• Can the town exclude applicants from outside during an internal
recruitment?
Staff answer: Unsolicited applications are accepted at anytime for any
position.
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COUNCIL MEETING December 10, 2013
Council Member Dunn made a motion to include public input on the process,
rather than prospective applicants, and characteristics/traits that the public would like to
see in a town manager. The motion was not accepted as friendly. Council Member
Hammier seconded for discussion purposes.
• What was the type of public input solicited for the prior town manager
recruitment?
Council answer: Public input session.
The motion to accept public comment on the process at the January 14 Council
meeting was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Council Member Dunn made a motion to include a National Search to be preceded
by an internal search. The motion failed for lack of a second.
Council Member Dunn made a motion to include a regional, including statewide,
search with the internal search. The motion failed for lack of a second.
Council Member Dunn made a motion that the search should include all efforts
include a diverse mix to be representative of the community, both ethnically, racially and
gender. The motion failed for lack of a second because this is required by law.
Council Member Dunn made a motion to appoint an interim town manager with
the final hiring to occur after the election. The motion was seconded by Council Member
Burk for discussion purposes.
The motion to amend failed by the following vote:
Aye: Dunn
Nay: Burk, Butler, Hammier, Martinez, Wright and Mayor Umstattd
Vote: 1-6
The main motion was approved by the following vote:
Aye: Burk, Butler, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
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COUNCIL MEETING December 10, 2013
14. NEW BUSINESS
a. Workforce Diversity Task Force
On a motion by Council Member Burk, seconded by Vice Mayor Butler, the
following was proposed:
MOTION 2013-052
I move that the Town Council establish a Task Force on Workforce Diversity. The
Task Force will be comprised of 10 Town Residents that represent a diversity of
race, ethnicity and gender. The Task force will meet four(4)times during 2014
with the purpose of providing direct feedback and advice to the Mayor, a Council
Member, the Town Manager and the Town's Human Resources Manager, all of
whom shall-should attend each meeting, on idea and suggests to increase the
diversity of applicants seeking employment with the town
. - . • . •. • • . •. • . -• _ .... . and report back to
Council by December 2014
Council Comments/Questions:
• The town needs to get suggestions from the minority community on
where the best place is to advertise
Vice Mayor Butler offered a friendly amendment to designate Council Member
Burk as the Council Member on the task force. The amendment was accepted as friendly.
• How will task force members be selected?
Council answer: Should be discussed at a work session after the Town
Manager and Human Resources Manager submit some ideas for Council
to discuss
• Any discrepancies between the minority population of the town and the
employee workforce is not intentional
Council Member Hammier made a friendly amendment to have a report back to
Council by December 2014, but this is not intended to impede progress. The amendment
was accepted as friendly.
Vice Mayor Butler made a motion to delete the last part of the last sentence, ending
the sentence with "the Town". The motion was accepted as friendly.
Council Member Hammier offered a friendly amendment to add the words "and
seeking mentorship opportunities". The amendment was not accepted as friendly as this is
not germane to the main motion.
Staff noted that "all ethnicities" cannot be accommodated on a 10 person
task force.
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COUNCIL MEETING December 10, 2013
The main motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
b. Temporary Demonstration of Approved King Street Design
On a motion by Mayor Umstattd, seconded by Council Member Dunn, the
following was proposed:
MOTION
I move that the Town Council approve construction of a temporary two month
mock-up of North and South King Street in order to see if removing the parking
would help or hurt downtown Leesburg in a more cost effective way by placing
temporary attractive barriers such as planters along where the parking would be
removed and the sidewalks extended. Mock-up could also include placing chairs or
benches as well as some vegetation within the closed off area so as to make it look
appealing and inviting, allowing visitors and stakeholders to better gauge the effects
of the permanent removal of the on-street parking. Time table for the mock-up to be
between February 17 2014 and April 17, 2014.
Council Comments/Questions:
• If everyone who voted for Plan A does not intend to change their vote,
then this is not necessary.
• If encouraging arts, entertainment and dining is important, why was not
not required for Crescent Place or other developments?
• Could curb stops be used rather than using "jersey" barriers?
Staff answer: They would have to be rated to stop a moving vehicle.
"Jersey" type barriers, by reason of their size and weight are meant to stop
a vehicle, while parking stops would have to be permanently affixed to the
street to make them unmoveable.
• It is impossible to completely gauge the effect of the on-street dining, but
testing the impact of the parking removal could be tested.
• What is the timing for the program to help businesses during the
construction phase of the improvements?
Staff answer: Marketing and advertising campaigns will be brought back
to Council in January. Meetings will be held with businesses to help the
businesses understand the process and to help staff understand what the
business' needs will be during construction
The motion was approved by the following vote:
Aye: Mayor Umstattd
Nay: Burk, Butler, Dunn, Hammler, Martinez, and Wright
Vote: 6-1
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COUNCIL MEETING December 10, 2013
15. COUNCIL COMMENTS
Council Member Dunn: wished everyone a Merry Christmas. He disclosed a
meeting with Mr. Mitchel regarding Crescent Place.
Vice Mayor Butler: Disclosed a meeting with representatives from Project York.
He stated he is hoping to attend the Employee Christmas Luncheon. He questioned
when Council and Commissions pay would be made for December.
Council Member Burk: congratulated Orvis on their ribbon cutting. She stated
she is excited about Jingle Jam and wished everyone a Merry Christmas and Happy
Holidays.
Council Member Martinez: stated the NVRC is working on a presentation
regarding workforce development to help localities address the issue of retiring baby
boomers. He discussed the growing problem of young people who have not been able to
find jobs and have nowhere to go. He wished everyone a Happy Holidays.
Council Member Hammier: Disclosed meetings with Crescent Place
representatives. She stated she attended a reception at Morven Park and participated in
the Civics Now program. She stated she also attended the Reed Smith Holiday Party.
She stated Mobile Hope is looking for a new base. She noted that the county's EDC is
now the Economic Development Advisory Committee, which the town is still a non-
voting member. She noted that the Dulles Area Transportation Association is having
their annual meeting tomorrow evening in Tysons Corner. She disclosed that she was
asked to sit on the Governor-elect's transition council on local government issues and
has a meeting on Thursday in Richmond. She wished everyone a Merry Christmas, a
great winter break and a happy New Year.
Council Member Wright: stated that staff was very creative to make sure that the
Tree and Menorah lighting could go on despite the rain. He wished everyone a Merry
Christmas and a Happy New Year.
16. MAYOR'S COMMENTS
Mayor Umstattd disclosed a conversation with Hobie Mitchel.
17. MANAGER'S COMMENTS
Mr. Wells stated the tree lighting was a great event with a great turn out. He
stated the Employee Holiday Luncheon is 11:30 at Ida Lee. He stated the line up for
Saturday's parade is at 9:30 at Ida Lee. He noted that the IT Commission report was
significant piece of work and will be a foundation for what will be happening in the IT
arena in the near future. He wished everyone a Merry Christmas and Happy New Year.
18. CLOSED SESSION
None.
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COUNCIL MEETING December 10, 2013
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the meeting
was adjourned at 11:02 p.m.
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2013 tcmin1210
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