HomeMy Public PortalAbout2015_tcmin0113 COUNCIL MEETING January 13, 2015
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Suzanne Fox,
Katie Sheldon Hammler, Marty Martinez and Mayor Umstattd.
Council Members Absent: All present.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel,
Interim Town Attorney Barbara Notar, Assistant Town Manager Scott Parker, Director
of Planning and Zoning Susan Berry Hill, Director of Economic Development
Marantha Edwards, Deputy Director of Planning and Zoning Brian Boucher, Captain
Vanessa Grigsby, Captain Carl Maupin, and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Fox
3. SALUTE TO THE FLAG: Council Member Martinez
4. ROLL CALL: Showing all members present.
5. MINUTES
a. Work Session Minutes of December 8, 2014
On a motion by Council Member Martinez, seconded by Council Member Butler,
the minutes of the work session meeting of December 8, 2014 were approved by a vote of 7-
0.
b. Regular Session Minutes of December 9, 2014
On a motion by Council Member Burk, seconded by Council Member Butler, the
minutes of the regular session meeting of December 9, 2014 were approved by a vote of 7-0.
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Butler, seconded by Council Member Burk, the meeting
agenda after removing Item I1 a and was approved by the following vote:
Aye: Butler, Burk, Dunn, Fox, Hammler, Martinez, and Mayor Umstattd
Nay: None
Vote: 7-0
7. PRESENTATIONS
a. Proclamation—Loudoun County High School Girls Volleyball
On a motion by Council Member Burk, seconded by Council Member Hammier,
the following was proclaimed:
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COUNCIL MEETING January 13, 2015
PROCLAMATION
2014-2015
Loudoun County High School
Girls' Volleyball
WHEREAS, the 2014-2015 Loudoun County High School Girls'
Volleyball program has completed another successful season; and
WHEREAS, they won the State 4A Championship; and
WHEREAS, they had a 29-2 overall record for the season; and
'WHEREAS, the program was ranked 98th in the nation, and 2' in the
state; and
WHEREAS, the players— Celine Nguyen, Emily Solis, Addi
Williams, Rachael Cullen, Hannah Vandegrift, Madison Batts, Oliva
Aycock; Rachel Voketaitis, Lauren Topper, Taylor Borup, Ciara Kain,
Logan Robberstad, Hannah Aycock, Abby Wright, and Allie Sarver
show great leadership skills and competitive spirit both on and off the
court; and
WHEREAS, the team was most ably lead by head coach, Sherrilyn
Hanna and assistant coaches Amanda Arbogast, Amy Ging, Juliane Hanna,
Marguerite Hanna and Tad Wymer; and
WHEREAS, the team was supported by managers Andrew Bukala,
Gavin Bukala, Erica Duerbeck, Jocelyn Schmidt, and Carlos Tingle.
THEREFORE, PROCLAIMED by the Council of the Town of
Leesburg in Virginia that the 2014-2015 Loudoun County High School Girls'
Volleyball program is recognized for their accomplishments.
PROCLAIMED this 13th day of January, 2015.
b. Proclamation—Tuscarora High School Cross Country
On a motion by Council Member Hammier, seconded by Council Member Butler,
the following was proclaimed:
PROCLAMATION
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COUNCIL MEETING January 13, 2015
2014-2015
Tuscarora High School
Girls'Cross Country
WHEREAS, the 2014-2015 Tuscarora High School Girls' Cross Country
program has completed a successful season; and
WHEREAS, they were regular season Conference 14 Champions; and
WHEREAS, they won the Conference 14 meet; and
WHEREAS, they placed second at the Region 5A North meet, missing
first by only one point; and
WHEREAS, they won the Virginia State meet; and
WHEREAS, the runners who participated in the state meet(Emma
Wolcott, Anna Wasko, Rosie Kostka, Raiya Alnsour, Gillian King, Nicole Fitz,
ME Lazorchak, Helen Horne, Mariam Kolbai, Kmaljeet Athwal) all show great
leadership skills and competitive spirit both on and off the course; and
WHEREAS, the team was most ably lead by head coach, Rebecca
Puterio.
THEREFORE, PROCLAIMED by the Council of the Town of Leesburg
in Virginia that the 2014-2015 Tuscarora High School Girls' Cross Country
program is recognized for their accomplishments.
PROCLAIMED this 13th day of January, 2015.
c. Proclamation—Tuscarora High School Varsity Football
On a motion by Council Member Martinez, seconded by Council Member Dunn,
the following was proclaimed:
PROCLAMATION
2014-2015
Tuscarora High School
Varsity Football
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COUNCIL MEETING January 13, 2015
WHEREAS, the 2014-2015 Tuscarora High School Varsity Football
program has completed a successful season; and
WHEREAS, they were Regional Champions with an overall season
record of 14 wins and only one loss; and
WHEREAS, they were state 5A runners up; and
WHEREAS, they were ranked 5th in the State; and
WHEREAS, the team was most ably lead by head coach, Michael
Burnett.
THEREFORE, PROCLAIMED by the Council of the Town of Leesburg
in Virginia that the 2014-2015 Tuscarora High School Varsity Football program
is recognized for their accomplishments.
PROCLAIMED this 13th day of January, 2015.
9. PETITIONERS
The Petitioner's Section was opened at 7:40 p.m.
Gladys Burke, stated she is joined by Mary Randolph. She stated they are both
former members of the Diversity Task Force. She thanked Council for agreeing to
discuss the possibility of establishing a Diversity Commission with all the rights and
responsibilities of any other town commission. She stated that the task force's vision for
the proposed commission would be "to identify and advocate on behalf of the Leesburg
minority community on issues related to inclusion and deliverance of town services,
business opportunities, employment and work force diversity and fairness; to serve as
advisors to the Leesburg Town Council and the Mayor's office on issues affecting the
minority community in order to create a town atmosphere where citizens feel
empowered and where diversity is accepted and appreciated at all levels of town
government." She stated that their goals would include monitoring implementation of
the Diversity Task Forces' accepted recommendations and make periodic updates,
improvements and modifications as might become necessary to meet diversity goals and
to make sure that there is an accountability system in place to track and measure
progress. She stated another goal would be to create a forum to accept concerns or
complaints from members of the minority community or employees and possibly
mediate the party's request. She gave examples of other activities and events that the
proposed commission could take part in organizing or spearheading. She stated they
look forward to seeing this issue brought forward to public hearing.
Andrew Borgquist, stated he wished he did not have to keep coming to Council,
but he feels compelled to continue coming based on his petition, which he has changed
based on circumstances. He stated he believes there has been a failure in management
whereby the concepts of fair and equal employment opportunities within the town are
not addressed. He stated that if policies and procedures are not adhered to, they are
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meaningless. He stated his petition has changed direction. He stated he does not believe
that management takes his concerns seriously. He stated his request to replace the Town
Manager may be a drastic request, but it the tone at the top is important.
Joseph Price, stated he is a resident of southeast Leesburg for the past 15 years
and speaking as a citizen. He stated he has seen a number of people come before
Council to talk about things they felt should be done or things that they are unhappy
with. He stated he wanted to talk about two recent town employee retirees, Clagett
"Skeeter" Moxley (34 years) and Jeffrey VanGilder(33 years). He stated these two
police captains, who are individuals of character, commitment and integrity that
dedicated their lives to making Leesburg a better place. He introduced the two newly
promoted captains, Carl Maupin and Vanessa Grigsby.
Mayor Umstattd thanked Captains Maupin and Grigsby for coming to be
introduced to Council.
The Petitioner's Section was closed at 7:55 p.m.
10. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following items were moved for approval as the Consent Agenda:
a. Virginia Department of Transportation(VDOT)Access Program Grant for
Construction of Hope Parkway
RESOLUTION 2015-013
Requesting that the Commonwealth Transportation Board Provide Economic
Development Access Program Funding
b. Approving an Agreement with Northern Virginia Transportation Authority for
Funding of Road Projects
RESOLUTION 2015-014
Approving the Standard Agreement with the Northern Virginia Transportation
Authority for Funding of the Route 15 Bypass at Edwards Ferry Road Interchange
Project
c. Requesting Virginia Department of Transportation(VDOT)to Add Certain
Streets for Maintenance Payments
RESOLUTION 2015-015
Requesting Virginia Department of Transportation(VDOT)to Accept Certain
Streets for Maintenance Payments
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
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Vote: 7-0
10. PUBLIC HEARINGS
a. Special Exception TLSE 2014-0004 Uniwest Mini-Warehouse
The public hearing was opened at 7:58 p.m.
James "Irish" Grandfield gave a brief presentation on this application.
Key Points:
• Recommended for approval by the Planning Commission in December.
• Located adjacent to Battlefield Parkway behind the Fort Evans Plaza II
shopping Center.
• Originally part of the Fort Evans Plaza II Shopping Center special
exception application where it was shown as an office use.
• 4.9 acres, currently vacant and wooded.
• Proposed parking meets the standard of the ordinance.
• Significant tree save area.
• Security fence with gated access.
• Additional buffering and screening along Battlefield Parkway has been
added.
• Meets the floor area ratio (FAR) requirement of the zoning ordinance of
0.35.
• Mini-warehouse use is allowable by special exception in this district.
• Some support uses are allowed in the Community Office designation.
• Building is designed to look like an office building so that it will blend in
with the expected community offices uses that will develop around it.
• Applicant agreed to a condition to not include a watchman's residence.
• Applicant also agreed to screen mechanical equipment.
• Traffic generation will be less than an office use.
• Staff recommends approval subject to conditions contained in the staff
report.
Council Comments/Questions:
• Would like to see more detailed design standards.
Staff answer: The site was proffered to 1-1-2 Design Guidelines as
determined by the Zoning Administrator. Design is included in the plans
provided. Information includes materials.
• Will there be traffic issues during construction?
Staff answer: Construction access would be discussed during the site plan
approval process.
• It was referred to as mini-storage at Planning Commission. What is the
correct term?
Staff answer: The correct zoning category is mini-warehouse—the two
are interchangeable.
• The customers would be the public?
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Staff answer: Yes. Businesses would be prohibited from running a
business out of these storage units.
• What are fencing materials on the three sides of the property not facing
Battlefield Parkway?
Staff answer: It is a vinyl coated chain link on the sides that do not face
the road. Those sides are also adequately buffered.
• Why does the tree save area not go all the way to the road?
Staff answer: There are required utility and grading easements along
Battlefield Parkway.
• Will there by turn lanes into the facility from Battlefield Parkway?
Staff answer: Yes, will utilize currently designed turn lanes.
• How will the indoor mini-warehouse be marketed and used?
Staff answer: No detail on the interior has been submitted.
• Why was the watchman's quarters removed?
Staff answer: It is allowable under the zoning ordinance, but the Planning
Commission asked that it be removed and the applicant agreed.
• What is the support use?
Staff answer: There will be a small office for the running of the facility. It
offers a complement to the larger community.
Michael Banzhaf, representative for the applicant, Uniwest, stated he
would like to answer questions about this application.
• Units are clean and quiet.
• Vertically oriented so it looks like an office building from the outside.
• No outside vehicle storage will be permitted.
• Applicant would like to revise condition #11 regarding screening of
mechanical equipment on the roof to read "visible at the property line"
because of topography.
• Office use would require more parking and the need to remove more trees.
Council Comments/Questions:
• Does the applicant want to have a watchman's quarters?
Applicant answer: It is not necessary due to current security standards.
• Has the applicant contacted Rehau?
Applicant answer: They have not responded to a telephone call—notices
were sent to all surrounding property owners.
• Would welcome a discussion regarding office uses versus light industrial.
• What is the largest truck that can turn?
Staff answer: That would be established at site plan.
Applicant answer: WB30—which is a tractor-trailer, but not the biggest
ones. Providing turning radius for larger trucks means extending
pavement, which has a snowball effect to how much stormwater
management needs to be provided and affects how many trees can be
saved.
There were no citizens wishing to address Council for this public hearing.
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The public hearing was closed at 8:35 p.m.
On a motion by Council Member Dunn, seconded by Council Member Butler, the
following was proposed:
RESOLUTION 2015-016
Approving TLSE 2014-0004, Uniwest Mini-Storage, an Indoor Mini-Warehouse
Facility Located on Property Identified as PIN Number 147-17-1241
Council Comments/Questions:
• Clarified that the applicant-supplied language to measure the visibility of
mechanical equipment from the property boundary is included in this
motion.
• Wonderful project that will serve the community well.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: None.
Vote: 7-0
b. Amending the Town Code to Change Council Meeting Time
The public hearing was opened at 8:37 p.m.
Barbara Notar stated that changing the time would need to be done by
ordinance in the Town Code and the Rules of Order would also be amended.
Further, she noted as per state code requirements, the meeting time change
would be advertised in the newspaper.
Council Comments/Questions:
• What is staff's reasoning behind suggesting this change?
Staff answer: To be more consistent with Planning Commission and to
encourage more citizen engagement.
• How many citizens have requested this time change?
Staff answer: None.
• Earlier time may mean that Council members could be more actively
engaged.
• For those involved in after school activities, arranging transportation prior
to a 7 p.m. Council meeting start may be difficult.
• What if only ceremonial functions and petitioners were done prior to 7:30
p.m.?
• Managing the length of the meeting can be done in other ways.
• If the issue is important enough to someone, they will stay as late as
needed to address it.
There was no motion to change the Council meeting time.
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COUNCIL MEETING January 13, 2015
11. RESOLUTIONS AND MOTIONS
a. Election of Vice Mayor
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following was proposed with Council Member Burk as the nominee:
RESOLUTION 2015-017
Electing a Vice Mayor
Council Comments/Questions:
• Council Member Burk is deserving of being Vice Mayor.
• Would vote no because it seems like there was political "jockeying"
involved.
• Believe that the highest vote getter usually becomes Vice Mayor.
• Cannot support the process that has occurred.
• Vice Mayor in the past has been a "ceremonial" title, but with the Mayor
running for Leesburg District Supervisor, there is a chance that the Vice
Mayor may need to serve as mayor.
• A political newsletter was issued that mentioned that Ms. Burk had been
elected Vice Mayor.
• Newsletter went out early accidently.
• Would support a motion to not have a vice mayor.
• Clarify that Council Member Martinez would serve as Vice Mayor if there
was no vote per the Council's Rules of Procedure.
• The Mayor sent out an email prior to the meeting explaining that if there
were no vote tonight—there would be no vice mayor
• The Town Code says the Council "shall" elect a vice mayor, not the
Council "may" elect a vice mayor
• The position of vice mayor has not always gone to the newly elected
council member who received the most votes at the most recent election
• Do not use a mistake as an excuse to not vote.
• Council Member Burk deserves to be Vice Mayor. She started Keep
Leesburg Beautiful, was the Leesburg District Supervisor on the Board of
Supervisors, was the top vote-getter in the last election and has done a lot
for the community.
The motion was approved by the following vote:
Aye: Burk, Butler, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: Dunn
Vote: 6-1
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
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15. COUNCIL COMMENTS
Council Member Dunn disclosed a telephone conversation with Mr. Banzhaf
with regards to Uniwest's application. He stated he did not know anything about
Council Member Martinez' mistake. He noted that the election of a vice mayor was a
partisan effort to promote someone for their future political resume.
Council Member Butler disclosed conversations with Mr. Banzhaf regarding a
special exception and a potential rezoning. He welcomed Council Member Fox to
Council. He stated sometimes the Council can get petty over small things and
encouraged everyone to not operate in a political way. He stated the idea of a multi-
cultural day/festival would be a great idea since everyone comes from somewhere. He
congratulated Vice Mayor Burk on her election as Vice Mayor.
Vice Mayor Burk disclosed she had a telephone call with Mr. Banzhaf regarding
the Uniwest special exception. She congratulated the new officers for the Leesburg
Volunteer Fire Department. She congratulated the two newly promoted police
department captains. She stated it is exciting to see these officers come up through the
ranks to take a deserved leadership position. She welcomed Council Member Fox.
Council Member Martinez welcomed Council Member Fox. He congratulated
Vice Mayor Burk. He stated he enjoyed the Volunteer Fire Department dinner. He
further congratulated Captains Maupin and Grigsby on their promotions. He stated he
always teaches ball players good sportsmanship and to own up to their mistakes. He
disclosed a conversation with Michael Banzhaf regarding Uniwest.
Council Member Hammier disclosed a meeting with Bob Sevila and Council
Member Butler regarding the O'Connor property with the Town Manager. She stated
she had a follow-up telephone call on January 9. She disclosed a telephone call with Joe
May regarding UAVs and stated he had a meeting with the FAA, which prompted her
question about changing FAA policy with regards to uses allowed at airports. She
welcomed the new police captains, Grigsby and Maupin, and thanked former captains
VanGilder and Moxley for their 33+ years of service. She welcomed Council Member
Fox and congratulated Vice Mayor Burk. She noted that her comments were regarding
the idea that the vote may have been pre-determined relative to the process.
Council Member Fox thanked everyone for their warm welcomes. She stated the
transition has been pretty easy due to everyone's efforts. She stated she had the
opportunity to attend the Leesburg Volunteer Fire Company awards, which was a great
event. She stated that they serve the community well and should be commended. She
welcomed the new captains, Maupin and Grigsby, and thanked the outgoing captains,
Moxley and VanGilder for their service. She stated she sees involvement with the town
as a service and appreciates it.
16. MAYOR'S COMMENTS
Mayor Umstattd welcomed Council Member Fox and noted that she brings a
positive energy to Council. She congratulated Vice Mayor Burk on becoming Vice
Mayor. She stated letters have been sent to former captains Moxley and VanGilder
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COUNCIL MEETING January 13, 2015
along with the proclamation that was done for all the town's 2014 retirees. She p e stated
she did not speak with Mr. Banzhaf. She congratulated Jim Cook on being elected
Chief of the Volunteer Fire Company with Richard Wolfe continuing on as President.
She stated the banquet was very good. She noted that the Rescue Squad dinner is
coming up on Saturday.
17. MANAGER'S COMMENTS
Mr. Dentler had no comments.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Butler, the
meeting was adjourned at 9:14 p.m.
(„.>
11P, 0
Kris C. stattd, ayor
Town of Leesburg
ATT' ' P:
Clerk of Co
2015_tcmin4113
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