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HomeMy Public PortalAbout2016_tcmin0628 COUNCIL MEETING June 28, 2016 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Butler presiding. Council Members Present: Kelly Burk, Thomas Dunn, II, R. Bruce Gemmill, Katie Sheldon Hammler, Suzanne Fox, Marty Martinez and Mayor Butler. Council Members Absent: None. Staff Present: Town Manager Kaj Dender, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Director of Plan Review Bill Ackman, Director of Planning and Zoning Susan Berry Hill, Director of Finance and Administrative Services Clark Case, Senior Management Analyst Jason Cournoyer and Paralegal Carmen Smith. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Minister Hubble 3. SALUTE TO THE FLAG was led by Council Member Martinez. 4. ROLL CALL showing all members present. 5. MINUTES a. Work Session Minutes of June 13, 2016 On a motion by Council Member Hammler, seconded by Council Member Dunn, the work session minutes of June 13, 2016 were approved by a vote of 6-0-1 (Martinez abstaining). 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Hammier, seconded by Council Member Fox, the meeting agenda was adopted as presented by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez and Mayor Butler Nay: None Vote: 7-0 7. PRESENTATIONS a. Proclamation —Ann Robinson On a motion by Council Member Martinez, seconded by Council Member Hammier, the following was proclaimed: PR O CLAMA TION In Recognition of Ann Robinson 1 I Page COUNCIL MEETING June 28, 2016 WHEREAS, Aim Robinson is one of Leesburg's most effective voices for children, minorities and lower income residents; and WHEREAS, Ann Robinson is an active participant in the local political process to give voice to those less fortunate than herself and WHEREAS, she reaches out to the youth of the community by volunteering for All Ages Read Together; and WHEREAS, she has worked tirelessly to secure bus shelters, effective public transportation and safe walking routes to help ensure resident's ability to access employment, health care, and education; and WHEREAS, she has advocated consistently to keep green space in low income neighborhoods. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby commend Aim Robinson for her contributions to the health and well-being of Leesburg residents and to the ideals that make us a better government and a better place to live. PROCLAIMED this 28`h day of June 2016. b. Proclamation —Father John Mosimann On a motion by Council Member Gemmill, seconded by Vice Mayor Burk, the following was proclaimed: PROCLAMA TION In Recognition of Father John Mosimann WHEREAS, Father Mosimann became Pastor of St. John the Apostle in 2009 after serving the parish for several years; and WHEREAS, Father Mosimann oversaw the design and construction of the new church located at the corner of North King Street and Oakcrest Manor Drive; and WHEREAS, during Father Mosimann's tenure as Pastor, the church has received many recognitions and accolades such as Leesburg Economic Development 2013 Small Business Heritage Award and 2014 Loudoun County Design Cabinet Excellence Award for Familiar Spaces; and 21 Page COUNCIL MEETING June 28, 2016 WHEREAS, Father Mosimann's dedication to the town's historic character is evident in the preservation and renovation of the "little church" on the corner of North King and Union Streets; and WHEREAS, Father Mosimann encourages the parish to participate in the community by creating floats and participating in the Christmas and Holiday Parade as well as the Independence Day Parade and leading the first Corpus Christi procession through the streets of historic Leesburg. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby commend Father John Mosimann for his contributions to the Leesburg community and the preservation of its historic downtown. PROCLAIMED this 28`h day of June 2016. 8. PETITIONERS The Petitioners section was opened at 7:47 p.m. Hobie Mitchell, stated he did not and does not support the new proffer legislation. He stated he has concerns about it He stated the previous rules weren't perfect, but developers and localities were able to work things out. He stated the proposed motion does not make it clear whether previously accepted applications are included in the new legislation. He stated he feels the Crescent Design District should not be included in the new regulations. Andrew Borgquist, stated that all employees should be protected from arbitrary action and he is disappointed in Council's inaction. He thanked Council Member Dunn for his commitment to having the Town of Leesburg be a demonstratable merit based employer. He stated while the manager did not break any legally enforceable law, the policy was violated. He played an audio clip of former Town Manager John Wells. Gwen Armstrong, 304 Patterson Court. Sang "Jesus Loves You" to Council. She spoke about God's love. Ron Campbell, 812 Fort MacLeod Terrace, thanked Council for recognizing his friend, Ann Robinson. He stated it is necessary for him to put in the record what Ann meant for the community. He stated she did a lot of quiet mentoring and gave courage to listen to your own voice. The Petitioners section was closed at 8:06 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Hammier, seconded by Council Member Gemmill, the following consent agenda was proposed: 3 I Page COUNCIL MEETING June 28, 2016 a. Performance Guarantee, Watenvorks Extension Permit and Sewer Extension Permit for Villa&at Leesburg, Landbay C(TLCD-2014-0001) RESOLUTION 2016-083 Authorizing an Agreement and Approving a Performance Guarantee, a Waterworks Extension Permit, and a Sewer Extension Permit for Village at Leesburg—Landbay C(TLCD 2014-0001) b. Performance Guarantee and Waterworks Extension Permitfor Leesburg South SWM/BMP Plan (TLPF 2014-0011) RESOLUTION 2016-084 Authorizing an Agreement and Approving a Performance Guarantee and Waterworks Extension Permit for Leesburg South SWM/BMP Plan (TLPF2014- 0011) c. Carryover of Fiscal Year 2016 Funds in the Amount of$50,000 to the Fiscal Year 2017 Budget RESOLUTION 2016-085 Appropriating S50,000 from Fiscal Year 2016 to Fiscal Year 2017 Budget for the Construction of a Permanent Stage on the Town Hall Green d. Requesting VDOT to Plow Certain Primary Roads in Leesburg MOTION 2016-010 I move to authorize the Mayor to send a letter to the Virginia Department of Transportation requesting they assume snow clearing responsibility for certain primary roads within the town limits e. Public Art Exhibit by Connie McKnight RESOLUTION 2016-087 Approval of Public Art Exhibit at Town Hall by Connie McKnight f Encroachment Agreement with Spanky's Enterprises, Inc. RESOLUTION 2016-088 Authorizing the Mayor to Execute an Encroachment Agreement Between the Town of Leesburg, Virginia and Spanky's Enterprises, Inc., to Allow a Removable Structure to Encroach upon a Town Waterline Easement The Consent Agenda was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez and Mayor Butler Nay: None Vote: 7-0 4 I Page COUNCIL MEETING June 28, 2016 10. PUBLIC HEARINGS a. Crescent Parke Rezoning Application The public hearing was continued open from the previous meeting. Kevin Wright, 109 Pershing Avenue, NW, stated since at least 2001, he has been trying to get the Greenway extension off the Town Plan. He stated it does not appear on the Crescent District Road Network because it was anticipated the road would eventually come off the Town Plan. He stated the town's debt capacity could not support purchasing Olde Izaak Walton Park. He stated the application should stand on its own merits. Russell Yergin stated he normally speaks about traffic, water run off, building height and grading. He thanked Mayor Butler, Vice Mayor Burk and Council Member Fox for meeting with them to listen to their concerns and fears. He stated the clarifications they received from the conversation were very helpful. Victoria Yergin stated they were delighted with Council's response to meet with them over the weekend. She stated they appreciated the hands on time given by the Council members. She stated it is imperative that the Council understands what the community's concerns will be. Sarah Richardson thanked Council for visiting the neighborhood. She stated her home faces the proposed development. She asked Council to imagine the changes to the property created by surrounding developments. She questioned the disposition of Olde Izaak Walton Park. She stated residents expect full consideration of the issues surrounding the park. She questioned whether owning the park is a good plan for the town. Hobie Mitchel stated that they have been working with staff on the proffers and the residents and they will continue to do so. Cecelia Emanuel, 676 Gateway Drive, stated she has been trying to follow this proposal and is very concerned with the cut through on Gateway to Food Lion. She stated she has heard other people say there is swampy area back there. She expressed concern about traffic and questioned where people will park since many cars park on Gateway. She stated taking over the park as a gift is concerning since it will cost the town a fortune. The public hearing was continued until the next meeting. b. TLOA 2016-0006, Nonconforming Structures Zoning Ordinance Text Amendments The public hearing was opened at 8:37 p.m. Brian Boucher gave a simple presentation on this proposal. 5 I Page COUNCIL MEETING June 28, 2016 Key Points: • Housecleaning item. • Nonconforming structures were legal when originally built, but zoning requirements changed. • This provision will address what happens when the structure is destroyed. • Prior provision allowed rebuilding in the same place. • Crescent District regulations requires that rebuilding for any reason other than fire or act of God comply with current standards. • This provision will change the Crescent District regulations to what is currently in effect in other areas of town. There were no members of the public wishing to address this public hearing The public hearing was closed at 8:43 p.m. Council Comments/Questions: • Hammler: Questioned whether staff considered the original goals of the Crescent District. She questioned the frequency of this rule being applied. Boucher: Stated there needs to be a consistent rule. He stated that staff feels the longer existing rule is most protective of property rights. He stated that the original McDonald's had a lot of nonconformities but when rebuilding they took pains to decrease the level of nonconformity. On a motion by Council Member Fox, seconded by Council Member Dunn, the following was proposed: ORDINANCE 2016-0-016 Amending Zoning Ordinance Section 710.2.1 to Establish a Consistent Standard for the Treatment of Nonconforming Structures The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez and Mayor Butler Nay: None Vote: 7-0 11. RESOLUTIONS AND MOTIONS a. Initiating Resolution to Comply with New Proffer Statute On a motion by Council Member Hammier, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2016-086 Initiating Amendments to the Zoning Ordinance and the Comprehensive Plan to Comply with New Code of Virginia§15.2-2303.4 and Ending Applicant-Initiated Town Plan Amendments;Initiating the Repeal of all Current Proffer Guidelines; 6 I Page COUNCIL MEETING June 28, 2016 Initiating Increased FRezoning Application Fees to Offset the Costs Necessary to Implement the New Proffer Law;and Implementing an Interim Policy to Prohibit the Acceptance of Proffers forRezonings with a Residential Component until Amendments to the Zoning Ordinance have been Enacted and Application Fees have Increased Council Comments/Questions: • Hammler: Questioned whether the fact that this only pertains to applications received after July 1 should be more explicitly stated in the resolution. Notar: Stated that the town has been clear that this is only applicable to residential applications received after July 1. • Gemmill: Expressed concern that the increase in fees is open ended. • Fox: Confirmed that there will be more information to Council. • Hammler: Stated she appreciated Mr. Mitchel coming forward to express his support for amending or repealing the new statute. Mayor Butler requested a friendly amendment to add the words "on or after July 1, 2016". The amendment was accepted as friendly. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez and Mayor Butler Nay: None Vote: 7-0 b. Amendment to the Adopted Fiscal Year 2017 General Fund Budget— Journey Through Hallowed Ground Funding On a motion by Council Member Dunn, seconded by Council Member Fox, the following was proposed: RESOLUTION Amending the Approved Fiscal Year 2017 General Fund Budget by Eliminating a 55,150 Contribution to Support the Journey Through Hallowed Ground Program Council Comments/Questions: • Dunn: Would rather allow citizens to make donations to private organizations as they see fit, not how Council choses. • Fox: Questioned when the donation was started and how the amount was decided. Dentler: Stated the former Mayor initiated the discussion several years ago and the amount was increased at some point and has been approved by Council. • Gemmill: Clarified that Transient Occupancy Tax money is what is contributed to Visit Loudoun. Further, he stated because Leesburg donates that tax money to Visit Loudoun, it receives ramped up marketing in exchange. 7 I Page COUNCIL MEETING June 28, 2016 • Burk: Stated this was approved because it was a worthwhile endeavor as JTHG organizes tours and brings visitors to town. • Hammier: Stated she would like the opportunity for the new head of the organization to address Council. She stated she agrees with many of the key points, but Leesburg is the epicenter of the Journey Through Hallowed Ground. She stated this draws tourists and increases quality of life for the town's residents. • Butler: Stated the Journey Through Hallowed Ground provides the town with ancillary benefits such as tree planting and camps for kids. Further, he noted that the budget was passed a few months ago and should not be revisited unless there is an extraordinary reason or because new information becomes available. • Dunn: Listed other organizations that no longer receive town donations. He stated the town has a policy not to make private donations with citizen money. He stated the Town receives the benefits of the Journey without having to pay for them. The motion failed by the following vote: Aye: Dunn, Fox and Gemmill Nay: Burk, Hammier, Martinez, and Mayor Butler Vote: 3-4 c. Business License Incentive Program Council Member Gemmill stated he would like to see more economic growth for the town. Key Points: • Economic Development, Town Manager's office, and Town Attorney would have oversight. • Would incentivize economic development for new businesses. On a motion by Council Member Gemmill, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2016-089 Initiate Town Council to Adopt by Ordinance a Business License Incentive Program to Exempt New Businesses from Business Taxes Council Comments/Questions: • Dunn: This is a recruitment tool and hopefully the town would be able to make up for the small losses in BPOL by having more businesses. Further, the budget has enough fluff built in to take care of the debt capacity and undesignated fund balance. • Hammler: Stated she appreciated the opportunity to review the initial facts relative to new businesses in town generating$300,000 in BPOL and 8 I Page COUNCIL MEETING June 28, 2016 other taxes. She questioned whether it is new businesses in general, or new businesses to Leesburg. • Gemmill: Stated his intention is for new businesses to Leesburg. He stated the businesses would be qualified by the parameters that are set. • Hammier: Stated it is a good time for Council to review the impact that the enabling legislation has had. She stated she looks forward to the important verification of the initial assumptions. • Burk: Questioned how staff feels about this and what type of staff time would be needed. Case: Stated staff is willing to support Council's desire to know more about the initiative. He stated staff would not support a change in the revenue budgeted for the upcoming fiscal year noting that FY 2018 is the peak of the debt cliff. He stated staff's recommendation that this go through the budget cycle for more study. Further, he stated there will be a lot of work involved in this. • Burk: Noted that this could be done as part of the next budget discussion. She expressed concern over the impact to the resources in the Finance Department. • Gemmill: Stated that there is always something that can be done better and if something isn't done to energize the town, it will die. • Butler: Stated the town is not in any danger of dying. He stated the town is vibrant and already has an incentive system for the Arts and Cultural District. He stated this is an excellent subject for the Economic Development Commission to study. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Hammler, Gemmill, Martinez, and Mayor Butler Nay: None Vote: 7-0 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Dunn wished everyone a good Fourth of July. He stated former Mayor Umstattd got a donation to her political campaign from the former director of Journey Through Hallowed Ground. He stated that the council, by not seconding his motion on personnel policy changes, did not get to hear what other localities are doing and questioned what happens if an employee is arrested for a serious misdemeanor in another locality. Further, he stated that serious misdemeanor is very 9 I Page COUNCIL MEETING June 28, 2016 subjective and should not be the decision of the Town Manager. He stated that Council should not be afraid to look at policies that need to be addressed. Council Member Gemmill read Ronald Reagan's 1981 Fourth of July speech. Vice Mayor Burk stated the Loudoun Bar Association every year has Law Camp. She stated she had the opportunity to participate this year in this great opportunity. She congratulated the employees who received their service awards. She noted it reflects well on an employer when so many employees are willing to stay so long. She congratulated SparkFire in Market Station. She congratulated Swim Kids for their Guiness World Record attempt. She noted that the number one killer of children under the age of five is drowning. She wished everyone a happy Fourth of July Council Member Martinez: Stated he is looking forward to walking in the Fourth of July Parade. He congratulated the employees who got their Service Awards. He stated that July 4ih has more significance for him after being abroad. He wished Ann Robinson well. Council Member Hammler: Disclosed a conversation with Hobie Mitchel on June 24. She stated he verbally said he would support the amount needed for the study to remove the Greenway Extension. She asked for clarification on the process as discussions continue on the rezoning. She thanked Russell and Victoria Yergin and Sarah Richardson for spending so much time with Council members sharing their concerns on the Crescent Parke rezoning. She stated there is a lot of trash along the south side of Tuscarora Creek. She stated the downtown looks vibrant and energetic. She wished everyone a wonderful Fourth of July. She stated that Ann Robinson is in everyone's constant thoughts. Council Member Fox Stated she had the privilege of attending the Employee Service Awards. She stated she attended the SparkFire ribbon cutting. She congratulated Mary Frye on her retirement. She wished everyone a happy Fourth of July. 16. MAYOR'S COMMENTS Mayor Butler disclosed a telephone call with Hobie Mitchel. He stated he attended a vigil for Orlando. He noted the bombing in the Turkish airport. He stated he attended the Service Awards and congratulated the Town Manager on 20 years. He stated he attended Mark Davis' retirement from the Police Department. He stated Mary Frye's retirement is on Thursday and Council is invited. He stated that Acoustic on the Green with Don Chapman was great. He stated he opened the Bluemont Concert Series on Saturday and agreed that SparkFire Branding has the coolest office in Leesburg. He stated he toured some of the Crescent Place commercial areas which will be fabulous for Harrison Street. He noted that the statutes are in place for the Sculpture Trail ribbon cutting on Saturday. He stated he and his son did batting practice at Nats Park. He stated he attended a Hall of Fame exhibit that will be touring around all the baseball parks over the next four years. 10 I Page COUNCIL MEETING June 28, 2016 17. MANAGER'S COMMENTS Mr. Dentler reminded everyone about Mary's retirement service after 32 years of service to the town. He wished everyone a safe and happy Fourth of July celebration. 18. CLOSED SESSION a. None. 19. ADJOURNMENT On a motion by Council Member Fox, seconded by Council Member Dunn, the meeting was adjourned at 9:44 p.m. pi,/ 0 David S. Butler, Mayor Town of Leesburg Clerk of Coin 20I6_tcmin0628 11 I Page