HomeMy Public PortalAbout2014_tcmin0909 COUNCIL MEETING September 9, 2014
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. Vice Mayor Butler participated
from a remote location.
Council Members Absent: Council Member Martinez arrived at 7:44 p.m.
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Director of Parks and Recreation Rich Williams, Director of
Planning and Zoning Susan Berry Hill, Director of Public Works Tom Mason, Deputy
Director of Planning and Zoning Brian Boucher, Deputy Director of Utilities Aref
Etemadi, Senior Planner Irish Grandfield and Executive Associate I Tara Belote
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Wright
3. SALUTE TO THE FLAG: Collin Andred Runholt and Miguel E. Ortega
4. APPROVAL OF REQUEST FOR REMOTE PARTICIPATION
a. Vice Mayor Butler
On a motion by Council Member Wright, seconded by Council Member
Hammmler, a request by Vice Mayor Butler to participate from a remote location passed 5-
0-2(Butler, Martinez absent)
5. ROLL CALL: Showing Council Member Martinez arriving at 7:44 p.m. and
Vice Mayor Butler participating remotely.
6. MINUTES
a. Work Session Minutes of August 11, 2014
On a motion by Council Member Hammier, seconded by Council Member Burk,
the minutes of the work session meeting of August 11, 2014 were approved by a vote of 6-0-
1 (Martinez absent).
b. Regular Session Minutes of August 12, 2014
On a motion by Council Member Wright, seconded by Council Member Hammier,
the minutes of the Regular session meeting of August 12, 2014 were approved by a vote of 6-
0-1 (Martinez absent).
7. ADOPTING THE MEETING AGENDA
On the motion of Council Member Wright, seconded by Council Member Hammier, the
meeting agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
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COUNCIL MEETING September 9, 2014
Vote: 6-0-1(Martinez absent)
8. PRESENTATIONS
a. Certificate of Recognition—Collin Andred Runholt, Eagle Scout
On a motion by Council Member Dunn, seconded by Council Member Hammler, a
Certificate of Recognition was presented to Collin Andred Runholt on achievement of the
rank of Eagle Scout.
b. Certificate of Appreciation—Miguel E. Ortega, IV, Eagle Scout
On a motion by Council Member Dunn, seconded by Council Member Hammler, a
Certificate of Appreciation was presented to Miguel E. Ortega, IV for the work he did
creating a butterfly garden at Raflo Park.
c. Introduction of Kim Winn, VML Executive Director
Council Member Hammler introduced the new director of the Virginia
Municipal League, Kim Winn.
Ms. Winn recapped some of VML's activities in support of local
government in Virginia.
9. PETITIONERS
The Petitioner's Section was opened at 7:48 p.m.
There were no petitioners.
The Petitioner's Section was closed at 7:48 p.m.
10. 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. Authorization for Purchase of Streets Maintenance Vehicles
RESOLUTION 2014-093
Authorizing the Purchase of a Replacement Front End Loader
RESOLUTION 2014-094
Authorizing the Purchase of a Replacement Single Axle Dump Truck
b. Authorzation for a Memorandum of Agreement for the Airport Remote
Pilot Program
RESOLUTION 2014-095
Authorizing the Town Manager to Execute a Memorandum of Agreement with
Saab Sensis and Virginia SATS Lab, Inc.for the purpose of Establi shing a Remote
Air Traffic Control Tower Test at the Leesburg Executive Airport
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c. Authorizing the Commission on Public Art(COPA)to Approve a Rotatin g Exhibit
of Artwork for the Second Floor
RESOLUTION 2014-096
Authorizing the Commission on Public Art to Approve a Rotating Exhibit of
Artwork Provided Solely by Loudoun County Public School Students for
Exhibition on the Second Floor of Town Hall
d. Authorizing Purchase of a Replacement Backhoe for the Utilities Maintenance
Division
RESOLUTION 2014-098
Authorizing Purchase of a Replacement Backhoe
e. Initiating 2014 Batch Zoning Ordinance Amendments
RESOLUTION 2014-099
Initiating Amendments to Various Articles and Sections of the Leesburg Zoning
Ordinance as part of the 2014 Annual "Batch"Amendments Addressing Minor
Changes to Implement Town Plan Goals and Objectives, to Make Corrections and
Clarifications, Changes Necessary to Comply with Annual State Code Legislative
Changes and to Address Minor Town Council Directives
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. MacDowell Brew Kitchen Rezoning
The public hearing was opened at 7:56 p.m.
Irish Grandfield gave a brief presentation regarding the request to rezone
204 South Street, SE from RHD to B-1 and Amend the Proffers to ZM-75 for 203
Royal Street, SE.
Key Points:
• Four contiguous properties, but request only applies to two.
• Applicant will need a Certificate of Appropriateness from the Board of
Architectural Review
• Council has previously agreed to sell excess right of way to the applicant
• Time line is included for resolution of zoning ordinance violations
Bob Sevila, representative for the applicant, Gordon MacDowell, thanked
everyone for their work on the application.
Mr. Sevila made the following points:
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• Application has been improved since the initial submission
• Applicant has agreed to a town-approved sand containment system
• Applicant has agreed to a tree management plan for the two trees that the
Planning Commission has identified as being important
• The noise emanating from the property has been reduced
Council Comments/Questions:
• Why is there a discrepancy between the existing zoning and the
applicant's statement of what the existing zoning is?
Staff answer: There is a proffered rezoning for 203 Royal Street to
administer it as B-1. The proffers is noted on the zoning map.
• The confusion on the property's zoning makes it difficult for prospective
neighbors to know what they will be moving next to.
• Is there a way that money for public safety can be obtained?
Staff answer: There are no proffer guidelines for public safety proffers.
• How are the resident's concerns about noise being dealt with?
Staff answer: There have been no incidents at the location for the past
year.
Applicant answer: The outdoor stage has been relocated to the center of
the property and a sound system has been installed that allows the owner
to eliminate the single large speaker that blasted music. A sound barrier
has also been erected and will be supplemented by a landscape barrier.
Additional masonry wall was added at the request of the Planning
Commission.
• How is the applicant addressing parking?
Applicant answer: Proactive notification of patrons that they cannot park
in Market Station. Exploring the possibility of valet parking.
• What will happen to the palm trees over the winter?
Applicant answer: They will be transported to a warmer climate for the
winter— a wall will be built to contain the sand.
• How does the owner park the existing restaurant?
Staff answer: The parking regulations downtown do not require existing
buildings to provide parking if they are within 500 feet of a municipal
parking facility. If they expand, they have to provide parking for the
additional square footage. Applicant will notify all patrons through
various methods that no parking is allowed in Market Station or on Royal
Street
• Still are inconsistencies between what was promised at Planning
Commission and what actually appears in the latest version of the
proffers. Concerned that the citizens are not being protected.
Staff answer: The latest version of the proffers are being distributed which
should clear up any inconsistencies.
• Clarification that the establishment is only discouraging parking on
private property on Royal Street, not public areas of the street.
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Frank Stearns, 201 Liberty Street, stated he represents Jack and Mary Ann
Gould, the owners of 206 South Street. He stated they purchased their property
with the knowledge that they were on the edge of the historic district. He noted
that taking this property out of the historic district is inconsistent with the town's
policy of preserving the character of the historic district. He stated that the need
for a masonry wall indicates incompatibility of the use for this location. He
stated that the property values of his clients are being damaged by this business.
Jim Sisley, stated he has his office in Mr. MacDowell's building. He
stated during his tenure on the Board of Architectural Review, many businesses
began work on something only to find out that they were operating outside of
their rights and approval was necessary to bring them back into compliance. He
stated that MacDowell's is a similar case. He stated the Brew Kitchen has been a
good neighbor and 95% of the time there is more than enough parking to
accommodate the tenants of the office space. He stated this business is in
compliance with the law in the products that they offer to the public. He stated
the public loves this place and draws people from far away, which is the goal of
the Arts and Dining district.
Linda Ifert, 205 Royal Street, SE, stated she enjoys going to the Brew Pub
as a patron. She stated that working through the issues to find a better solution
was great; however, there are still traffic and parking issues related to this use.
She stated that the noise levels have gone down over the summer, which has been
great. She requested that things that are not included in the Concept
Development Plan, such as signage, be completed as soon as possible. She stated
the situation will be tolerable if things stay as they are currently.
Unidentified gentleman stated this project has not followed the rules since
it was established. He stated it needs to be clear what the zoning is and what
rules apply.
Steve Skemp, stated that the establishment has a positive impact on the
community. He stated a place to relax and socialize is an important part of the
community. He stated establishments like the Brew Kitchen creates vitality for
the town to help it compete with areas around the new metro stops. He noted he
is a resident of Leesburg.
The public hearing was closed at 9:37 p.m.
On a motion by Council Member Burk, seconded by Council Member Martinez,
the following was proposed:
ORDINANCE 2014-0-026
Approving TLZM 2013-0005 MacDowell, a Rezoning of 204 South Street from
RHD to B-1 and a Proffer Amendment of#ZM-75, 203 Royal Street
Council Comments/Questions:
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• It was clarified that the proffer September date is Se tember 5.
• This is a good addition to the town compared to what was there
previously.
• Sets a precedent that the Council is willing to help businesses be successful
• Confusion over actual zoning and proffered zoning and overlay district
regulations
• How tall will the front wall be?
Staff answer: 32 inches is maximum height—BAR will have final
approval.
• Not sure how this application gets through the Board of Architectural
Review
• Concern over the compatibility of uses
• This business contributes to the vitality of the downtown and will provide
an important link between Crescent Place and the downtown
• Not concerned about incompatibility of use as much as preservation of
historic buildings downtown as many businesses exist next to residential
uses
• This application is a natural progression of Leesburg's history
• Correct typographical error in the proffers that describe the property as
being zoned RHD, but administered as B-2 as it should be B-1
Applicant answer: Will initial change and provide a corrected copy.
• Not pleased with the length of time this property has not been in
compliance
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Umstattd
Nay: None.
Vote: 7-0
11. RESOLUTIONS AND MOTIONS
a. Supplemental Appropriation of Funds from Tree Bank
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the
following was proposed:
RESOLUTION 2014-097
Approving a Supplemental Appropriation of$30,000 Resulting in a Transfer of
Funds from the Tree Bank to the FY 2015 Capital Projects Budget
The motion was approved by the following vote:
Aye: Burk, Butler, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1
13. UNFINISHED BUSINESS
a. None.
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14. NEW BUSINESS
a. None.
15. COUNCIL COMMENTS
Council Member Dunn stated the item he brought for discussion on
nondisclosure policy should have been undertaken at the work session meeting as the
discussion he requested had nothing to do with the current non-disclosure agreement.
He asked that it be put on the next work session. No consensus for putting this on a
future agenda was expressed.
Vice Mayor Butler expressed his sincere condolences to the Gustayson family on
the passing of Scott Gustayson.
Council Member Burk disclosed a fascinating tour of the FAA building. She
thanked Stilson Greene for the highly successful Acoustics on the Green. She also
expressed her condolences to the Gustayson family.
Council Member Martinez stated he attended Epicurience, which was
phenomenal.
Council Member Hammier disclosed attendance at Epicurience. She stated she
took Kim Winn on a tour of the Marshall home, which is a great resource to have in
Leesburg. She also disclosed a dinner with Council Member Martinez at the newly
opened Leesburg Public House. She thanked Ida Lee staff for the microphones in the
meeting room, which will make it easier to have meetings in that location. She thanked
everyone who was involved in getting the flag for Balch Library. She noted that Jim
Roberts does a wonderful walking tour of the town, another of which is scheduled for
October 18. She stated the dog swim at the AV Symington Aquatics Center was great
fun for everyone. She expressed her condolences to the Gustayson family and noted
that the incredible energy that Scott brought to the town will need to be kept alive.
Council Member Wright stated he enjoyed the dog swim. He also expressed
condolences to the Gustayson family.
16. MAYOR'S COMMENTS
Mayor Umstattd stated she cut ribbons for Aloha Mind Math, which is a math
tutoring program on Cardinal Park Drive, and the Youth Knowledge Enrichment
Center on Sycolin Road, a full service tutoring company teaching STEM, robotics, as
well as the arts. She stated she attended Scott Gustayson's funeral services and his
passing is a great loss for Leesburg. She noted the Leesburg Airshow is coming up on
September 27. Further, she noted that the Council will be very sad to lose Ms. Irby. She
reminded everyone that the Town will be holding a remembrance ceremony on the
Town Green for those lost in the September 11, 2001 terrorist attacks.
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17. MANAGER'S COMMENTS
John Wells noted that the town will not be sending out personal property tax bills
for second half 2014 because of the change back to yearly billing. He expressed his
condolences to the Gustayson Family. He stated there will be an appropriate send off
for Ms. Irby.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Wright, seconded by Council Member Burk, the meeting
was adjourned at 10:•40 p.m.
Kristen C. mstattd, Mayor
Town of Leesburg
AT .T:
Clerk of le il
2014_tcmin090
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