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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 1 I Page 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 2 I Page COUNCIL MEETING September 9, 2014 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: 3 I Page COUNCIL MEETING September 9, 2014 • 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. 4 I Page COUNCIL MEETING September 9, 2014 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: 5 I Page COUNCIL MEETING September 9, 2014 • 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. 6 I Page COUNCIL MEETING September 9, 2014 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. 7 I Page COUNCIL MEETING September 9, 2014 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 8 I Page