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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) 1 I Page 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. 2 1 Pag 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: 3 1 EJ 11 t;, 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: 4 1pj 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. 5 1 Pa()c 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? 6 t� 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 7 1 Pagc 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 81 P'lgC 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 91 pa- 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 10 11) 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. 11 Page 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 12 1 Page