HomeMy Public PortalAbout2013_tcmin0226COUNCIL MEETING
February 26, 2013
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Thomas S. Dunn, Katie Sheldon
Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd.
Council Members Absent: Council Member Dunn arrived at 7:55 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Utilities Amy Wyks, Director of Public Works Tom
Mason, Director of Planning and Zoning Susan Berry Hill, Director of Plan Review Bill
Ackman, Director of Parks and Recreation Rich Williams, Director of Finance Norm
Butts, Assistant Town Manager Scott Parker, Human Resources Manager Karen Dilley,
Information Technology Manager Annie Carlson, Management Analyst Lisa Haley,
Management Analyst Michael Bruckner, Director of Capital Projects Renee LaFollette,
Airport Manager Scott Coffman, Deputy Director of Planning and Zoning Brian
Boucher, Economic Development Director Marantha Edwards, Senior Planner Irish
Grandfield, Chief of Police Joseph Price, Research and Communications Manager Betsy
Fields and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Vice Mayor Butler
3. SALUTE TO THE FLAG: Council Member Hammler
4. ROLL CALL: Showing Council Member Dunn arriving at 7:55 p.m.
5. MINUTES
a. Work Session Minutes of February 11, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Burk, the
minutes of the Work Session meeting of February 11, 2013 were approved by a vote of 6 -0 -1
(Dunn absent).
b. Regular Session Minutes of February 12, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Wright, the
minutes of the Regular Session meeting of February 12, 2013 were approved by a vote of 6-
0- 1(Dunn absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Vice Mayor Butler, seconded by Council Member Hammler, the meeting
agenda was approved as presented by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstaud
Nay: None
Vote: 6-0-1 (Dunn absent)
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COUNCIL MEETING February 26, 2013
7. PRESENTATIONS
a. Proclamation — African - American History Month
On a motion by Council Member Martinez, seconded by Council Member
Hammler, the following proclamation was made:
PROCLAMATION
AFR ICAN AMER ICAN HISTORY MONTH
FEBR UARY2013
WHEREAS, in February of 1926, sixty -one years after the ratification of
the 13' Amendment to the United States Constitution, Dr. Carter Woodson, a
noted historian, desired to recognize the achievements and contributions of African
Americans in this country; and
WHEREAS, the month of February was appropriately chosen to recognize
the achievements of African Americans as it contained the birth anniversaries of
Abraham Lincoln and Frederick Douglass; and
WHEREAS, the traditional one -week observance was expanded in 1976 to
include the entire month of February; and
WHEREAS, African American History Month allows us to honor the
achievements of and celebrate the heritage of African Americans while recalling
the courage of their struggle to achieve equality; and
WHEREAS, historically African Americans, such as Dr. Martin Luther
King, Jr., Harriet Tubman, Rosa Parks, Medgar Evers, Jessie Jackson, Dred Scott,
W.E.B. DuBois, and Mary McLeod Bethune have worked to lay the very
foundation for the free and diverse society that we as Americans enjoy today; and
WHEREAS, this year's theme is "At the Crossroads of Freedom and
Equality: The Emancipation Proclamation and the March on Washington" and
marks two important anniversaries in the history of African - Americans and the
United States.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim the month of February of the Year 2013 as African
American History Month in the Town of Leesburg and urge the citizens of
Leesburg to join in recognizing the contributions made by the Loudoun Chapter of
the NAACP and other community organizations to preserve and remember the
accomplishments of African Americans throughout the history of our nation.
PROCLAIMED this 26`' day of February 2013.
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COUNCIL MEETING February 26, 2013
b. FY 2014 -2015 Budget
John Wells presented the proposed FY 2014 -2015 Budget.
Key Points:
• Current revenues cover current expenses
• General fund expenditures up only 0.5%
• General fund revenues expected to increase 3%
• Debt restructured to provide debt service cost relief through FY 2016
• Debt service reserve fund created and funded with operational cost savings
• Projected tax increases reduced from 5 cents over three years to 2.5 cents
over two years
• Continued operational efficiencies
• Maintain existing service levels
• Stable capital improvements program
• Long range budget planning
• Six capital projects at or nearing completion
• Budget public hearing to be held March 12
• Tax Rate Public Hearing Apri18
• Budget adoption April 9
8. PETITIONERS
a. The Petitioner's Section was opened at 8:26 p.m.
Avis Renshaw, 220 Loudoun Street, SE, stated she is here on behalf of the
Loudoun County Farm Bureau Board of Directors. She stated they would like to
have a farm expo on October 5 similar to the one they held in Winchester last
year.
Jennifer Coombs, stated she owns the Jackson House which is proposed
for sale to the Civil War Preservation Trust. She asked Council to consider
granting the easement so that the property can be sold.
Earl Hower, 111 Plaza Street, NE, stated he has been a resident of
Leesburg since 1983 and a member of the Tree Commission since 1995. He
stated the Tree Commission opted not to weigh in on the current proposal to
combine the EAC and the Tree Commission, but has personal comments. He
summarized a history of the Tree Commission. He suggested if the two
commissions are combined, that the name be the Environmental and Urban
Forestry Commission.
The Petitioner's Section was closed at 8:39 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Burk, seconded by Vice Mayor Butler, the following item
was moved for approval as the Consent Agenda:
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COUNCIL MEETING February 26, 2013
a. Lowenbach, Phase IV and V Easement Acquisition Authorization
RESOLUTION 2013 -034
Declaring that a Public Necessity and Use Exists and Authorizing an Offer to
Acquire Right of Way Dedications and Easements for Lowenbach Street
Improvements Phase IV and V (Washington and Queen Streets) Project
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. TLSE 2013 -0001 Meena's Home Day Care
The public hearing was opened at 8:40 p.m.
Irish Grandfield gave a presentation for the special exception request for
953 Rhonda Place in Kincaid Forest.
Key Points:
• State licensed day care center
• No new buildings are proposed
• Business is operated as a home occupation
• Scope of review is limited to two standards as per the Zoning Ordinance
• Five specific use criteria for a child care facility
• Four general approval criteria for any special exception
The public hearing was closed at 8:50 p.m.
On a motion by Council Member Burk, seconded by Council Member Martinez,
the following was proposed. -
RESOLUTION 2013 -035
Approving TLSE 2013 -0001, Meena's Home Daycare, a Child Care Center
Located on Property Identified as PIN Number 191 -40 -8885 and Located at 953
Rhonda Terrace, S.E.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
b. Oaklawn Gas Station Special Exception
The public hearing was opened at 8:55 p.m.
Irish Grandfield gave a presentation on this request for a special
exception:
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COUNCIL MEETING February 26, 2013
Key Points:
• Is not a single lot — part of three different lots that will require a re-
subdivision
• Includes 8 fueling stations under a canopy
• 3500 square foot convenience store
• 840 square foot car wash
• Requesting a modification of zoning ordinance standard for canopy height
• Proffers from the rezoning for landscaping and H -2 design guideline
review are in effect for this special exception use
• Application is similar to the withdrawn 2008 proposal
• Planning Commission recommended denial
• Recommend relocating car wash to eliminate safety issues for pedestrians
• Landbay C is approved for 250,000 square feet of development
Christine Gleckner, land use planner with Walsh Colucci , presented the
application on behalf of the applicant. She introduced Andy Shuckra of Keane
Development, Eric Schmidz (the station operator) and Jack Williams of Pacuilli
Simmons.
Key Points:
• Developers of Oaklawn have substantially completed their road network
construction ahead of time
• Will not be visible from major roadways of the Greenway and Sycolin
Road.
• Pumps and car wash need to be visible from the cashier's station inside the
convenience store
Council Comments/ Questions:
• Gas station is needed in this section of town
• Proposed car wash location is a safety issue
Patti Nelson, 455 Heartleaf Terrace, SE, stated she is a resident of
Oaklawn. She stated she is concerned that the site does not meet town standards.
She also expressed concern over pedestrian safety and noted that this is the first
of what will be the Oaklawn commercial area and it sets the tone for what comes
later. She stated there is a lot of children in the neighborhood who will want to
walk to the convenience store.
Shawn Kennedy, 427 Virginia Wildflower Terrace, stated he does not
want a gas station in his backyard. He expressed concern that this will be a truck
stop that is open 24/7. He expressed concern over the lighting. Further, he
expressed concern over safety of pedestrians crossing Miller Drive and Battlefield
Parkway.
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COUNCIL MEETING February 26, 2013
Adam Schrager, 313 Whipp Drive, SE, stated he and his neighbors paid
extra to live on the lake in the planned community. He expressed concern with
light and noise from the gas station.
Scott Nadeau, 315 Whipp Drive, SE, stated a lot of his concerns have
been addressed. He stated they can see the bank and this will be closer than the
bank. He stated the bank only operates during the day so they do not see a lot of
light pollution, but the canopy with lighting will be very bright. He stated he is
concerned about pedestrian safety, particularly with the number of young people
who live in the neighborhood. He noted the proximity to the swimming pool.
Jim Sisley, presented numbers demonstrating that the Town of Leesburg is
underserved by gas station /conveniences stores. Further, he noted the revenue
benefits of gas stations with regards to gas tax and BPOL taxes. He noted that
convenience stores keep residents from having to drive as far to pick up
necessities.
Donnie Nelson stated he is an Oaklawn resident. He questioned what the
quality of life will be for he and his neighbors once the lights from the gas station
are entering their homes. Further, he expressed concern about risk of explosion
with the location of gasoline pumps near residences. He questioned whether the
police department is ready for the increased number of calls for service from the
gas station /convenience store. He stated this type of business creates a lot of
calls for law enforcement.
The public hearing was closed at 9:57 p.m.
Council Comments/ Questions:
• What are the lighting requirements for the property?
Staff answer: one -half foot candle standard at the property line and all
lighting must be directed downward/ shielded.
• What other uses are planned in the undeveloped portions of Oaklawn?
Applicant answer: There is roughly a million square feet of commercial
development planned, most of which will be office. About 130,000 square
feet will be retail, mainly in pad sites. There will be a 150 room hotel,
which has been approved.
• Can the car wash be located over the drainage inlet?
Staff answer: The car wash cannot sit on top of the inlet, but some
alternate drainage design done around the building.
• Summarize how pedestrian safety can be increased via change in site
layout?
Staff answer: In the current proposal, pedestrians will most likely walk
through the car wash stacking area because it is the shortest distance to the
entrance of the convenience store.
• Does the number of pumps relate to a community amenity versus a
regional amenity?
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COUNCIL MEETING February 26, 2013
Staff answer: There is no standard that defines a community versus a
regional station. The concept plan amendment approved the concept of a
16 pump gas station on this location.
Applicant answer: There are 16 fueling stations — two rows of four pumps
with fueling stations on each side.
• Would allowing more time for review produce more options for lighting?
Staff answer: Staff can look to see if additional conditions could address
lighting concerns. Lighting standards in the zoning ordinance have been
updated within the past five years.
• Is there any way to capture the cost in TMDL usage?
Staff answer: Throughout the process, the applicant has agreed to go a
little bit above and beyond the requirements with respect to TMDL levels.
• Would like to see some of the lighting and safety concerns mitigated.
• Suggest a traffic circle at Miller Drive and Battlefield Parkway to slow
down traffic
• Would like to find a way to mitigate light from the gas station
• What does the buffer along Miller Drive consist oP
Staff answer: Proffers from previous rezoning include a 35 foot setback,
and a Type 2 landscape buffer
Applicant answer: We consider it a 35 foot buffer. Street trees were
planted several years ago and will continue to grow. The 35 foot buffer
will be planted with landscaping materials
• Build out of the commercial areas will soften the effect of the lighting and
canopy
• Is there a traffic signal planned for the intersection of Oak Park Way and
Miller Drive?
Staff answer: Yes
• Other establishments such as fast food restaurants have pedestrians
crossing the drive through lane to reach the entrance
• Is it possible to change the slope rather than increase the canopy height?
Applicant answer: At the highest elevation, canopy height is allowable,
but where the elevation slopes downward, the canopy appears to be
higher.
• View Battlefield as a key gateway into town - not Miller.
• Can the car wash be sited where staff suggested?
Applicant answer: There are stacking concerns and underground storage
tank location concerns
On a motion by Council Member Wright, seconded by Council Member Dunn, the
following was proposed:
RESOLUTION2013 -036
Approving TLSE 2012 -0005, Oaklawn Gas Station, A Service Station,
Convenience Store and Car Wash Located on the Oaklawn Land Bay C on the
Property Shown on the Special Exception Plat and Identified as Portions of the
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COUNCIL MEETING
February 26, 2013
Following Three Lots: Loudoun County Parcel Information Numbers (PIN) 233-
20 -0550, 233 -29 -6350, 233 -29 -9822
Council Comments:
• Confident that BAR design review will adequately address design issues
• Town Plan does not specifically address an automobile- centric use
• Ask that the applicant consider better than BAR standards moving
forward on design
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Burk
Vote: 6 -1
C. Amending Chapter 2 of the Town Code adding the words "Fees and
Charges„
The public hearing was opened at 11:07 p.m.
Jeanette Irby stated that the town can charge a $35 administrative fee for
time and effort on collections and General District court Judge Welsh has
requested that that be added to the Town Code to make it more clear.
There were no members of the public wishing to address this public
hearing.
The public hearing was closed at 11:08 p.m.
On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the
following as proposed:
To Amend and Reordain Chapter 2 (Administration), Article IV (Finance),
Section 2 -164 (Collection Fee for Taxes, Fees and Charges)
The motion was approved by the following vote:
Aye: Butler, Burk, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6 -1
11. RESOLUTIONS AND MOTIONS
a. SRTC — Actions on Recommendations
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the
following was proposed.•
MOTION 2013 -009
I move to initiate a public hearing on restricting truck traffic on Catoctin Circle
between Edwards Ferry Road and Battlefield Parkway, and authorizing
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COUNCIL MEETING February 26, 2013
Department of Public Works staff to conduct a traffic study per the Residential
Traffic Management Plan criteria
MOTION 2013 -010
I move to adopt a policy for evaluating one -way traffic requests as part of the
Residential Traffic Management Plan. The policy will require 75 percent support
from affected residents, as well as a ttaff c study supporting the request
MOTION 2013 -011
I move to adopt a modified procedure and ranking system for handling traffic
calming requests as part of the Residential Traffic Management Plan, as outlined
in the flow chart and descriptions presented by the Standing Residential Traffic
Committee
MOTION 2013 -012
I move to adopt a modified policy for handling requests for a $200 additional fine
for speeding on residential streets as part of the Residential Traffic Management
Plan as permitted by Virginia State Code Section 462- 878.2. The policy will
enable Town Council to approve the additional fine following a public hearing if
the average speeds remain above 31 miles per hour after eight (8) weeks of Leesburg
Police selective enforcement
The motions were approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
-- Nay: None
Vote: 7 -0
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. Boards and Commissions Action(s)
On a motion by Council Member Wright, seconded by Council Member Martinez,
the following was proposed. -
RESOLUTION2013 -037
Initiating Amendments to the Town Code, Part Two (Town Code), Chapter Two
(Administration), Article 5 (Boards and Commissions), Division I (Generally),
and 2 (Boards and Commissions) Relating to Attendance, Membership, Duties and
Compensation of Boards, Committees and Commissions
Council Comments:
• Appreciation for Vice Mayor Butler's work on this
• Appreciation for all the volunteers on Boards and Commissions
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COUNCIL MEETING
February 26, 2013
Vice Mayor Butler made a motion for an amendment to remove the first therefore
resolved section that combines the Environmental Advisory and Tree Commissions.
The motion was seconded by Mayor Umstattd and approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright, and Mayor Umstattd
Nay: Dunn
Vote: 6 -1
Vice Mayor Butler made a motion for an amendment to replace the removed
section with institution of a Community Outreach Commission. The motion was
seconded by Council Member Hammler and failed by the following vote:
Aye: Butler and Hammler
Nay: Dunn, Burk, Martinez, Wright and Mayor Umstattd
Vote: 2 -5
The amended motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
b. Authorizing a letter to the Loudoun County Board of Supervisors
regarding Enforcement of the Maintenance Code
On a motion by Council Member Martinez, seconded by Council Member Dunn,
the following was proposed.•
MOTION2013 -013
I move to authorize the Mayor to sign the letter dated February 26, 2013 to the
Loudoun County Board of Supervisors requesting enforcement of the Maintenance
Code portion of the Uniform State Building Code within the Town of Leesburg
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
14. NEW BUSINESS
a. Making an Annointment to the Utilitv Rate Advisory Committee
Vice Mayor Butler made a motion to suspend the rules, seconded by Mayor
Umstattd. The motion to suspend the rules passed by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
On a motion by Council Member Dunn, seconded by Vice Mayor Butler, a
nomination of Kimberly Mill to the Utility Rate Advisory Committee for a term to end
December 31, 2016 was made. The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
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COUNCIL MEETING February 26, 2013
Vote: 7 -0
15. COUNCIL COMMENTS
Council Member Dunn: stated he has been on an all juice diet for 11 days and
has lost 35 pounds.
Vice Mayor Butler: stated he attended the ribbon cutting Elite Martial Arts and
broke a board. He noted that the General Assembly has passed a compromise
transportation bill which will cause the town some concern. He stated it may solve
some transportation problems.
Council Member Burk: reported she met with the Oaklawn applicant. She stated
she is looking for businesses for the Youth Job Fair and high school and college students
who are looking for employment.
Council Member Martinez: Stated he attended the Ally ribbon cutting at Paxton.
He noted they honored Jo Ellen Keating for her service to Paxton.
Council Member Hammler: Noted that the schedule for First Friday looks great.
Council Member Wright: Disclosed a meeting with the Oaklawn applicant
earlier in the week. He stated the deadline for the Call for Art for the mural was last
week and there are five proposals being reviewed. He stated the Commission on Public
Art is working on parameters for fundraising
16. MAYOR'S COMMENTS
Mayor Umstattd thanked Jennifer Lassiter with Paxton for a wonderful evening
at the grand opening of Ally. She stated the Leesburg Volunteer Fire Company will be
celebrating their 210' anniversary on November 15, 2013 and will be looking to work
with the town on their celebration activities. She disclosed a meeting with
representatives of Oaklawn. She thanked Principal Bill Oblas of Loudoun County High
School and Principal Chad Runfola of Simpson Middle School as well as the students of
both schools for their support regarding the young man from Loudoun County High
School who recently lost his life. She thanked the youth pastors at Cornerstone Chapel
for being at the funeral to help anyone who needed to talk. She thanked the Navy
ROTC cadets for their participation in the funeral service.
17. MANAGER'S COMMENTS
Mr. Wells had no comments.
18. CLOSED SESSION
None.
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COUNCIL MEETING February 26, 2013
19. ADJOURNMENT
On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the meeting
was adjourned at 11:36 p.m.
en C. Wrnstattd, Mayor
Town of Leesburg
A
Clerk of o nc
2013 tcminu226
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