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HomeMy Public PortalAbout2016_tcmin0426 COUNCIL MEETING April 26, 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 Hammier, Suzanne Fox, and Mayor Butler. Council Members Absent: Council Member Martinez. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Assistant Town Manager Scott Parker, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Assistant Zoning Administrator Brandon White, Land Acquisition Manager Keith Wilson, and Paralegal Carmen Smith. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Vice Mayor Burk 3. SALUTE TO THE FLAG was led by Mayor Butler 4. ROLL CALL showing Council Member Martinez absent. 5. MINUTES a. Special Meeting Minutes of March 31, 2016 On a motion by Council Member Hammier, seconded by Council Member Dunn, the special session minutes of March 31, 2016 were approved by a vote of 6-0-1 (Martinez absent)with a correction to the Council Members present. b. Special Meeting Minutes of April 11, 2016 On a motion by Council Member Hammier, seconded by Council Member Dunn, the special session minutes of April 11, 2016 were approved by a vote of 6-0-1 (Martinezabsent)with a correction to the Council Members present. c. Work Session Minutes of Work Session Minutes of April 11. 2016 On a motion by Council Member Gemmill, seconded by Council Member Fox, the work session minutes of April 11, 2016 were approved by a vote of 5-0-1-1 (Martinez absent/Hammier 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, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) 7. PRESENTATIONS a. Proclamation — Hunger Awareness Month 1 I Page COUNCIL MEETING April 26, 2016 On a motion by Council Member Fox, seconded by Council Member Dunn, the following was proclaimed: PROCLAMATION Hunger Awareness Month May 2016 WHEREAS, the citizens of this community have a longstanding tradition of humanitarian services, generosity, and voluntarily giving their own time and resources in order to make the Town of Leesburg and Loudoun County a better place to live; and WHEREAS, the problem of"food insecurity" or hunger is one of the most disquieting conditions that impact us locally and globally; and WHEREAS, in the same year Loudoun earned its "Wealthiest County' status, approximately 17,000 people in Loudoun County (or 4.7% percent of the population) were identified as "food insecure" or hungry; and out of Loudoun's "food insecure" population, 69 percent do not qualify for government assistance; and WHEREAS, local food pantries see a significant decrease in contributions over the summer months while needs increase as many families no longer have the security of school based food programs; and WHEREAS, the "Love Your Neighbor, Feed Your Neighbor" campaign is in its fifth year and has truly brought various religious and secular groups around Loudoun County together under a single goal to help those suffering from food; and in 2015, volunteers from 25 denominations collected 90,000 pounds of food for seven food pantries across Loudoun County which is a 61% increase over 2012; and WHEREAS. the Hunger Awareness Month initiative helps to send a message of support to those in need, raises awareness of this critical issue, and encourages our citizens to come together to lend a hand. NOW, THEREFORE, the Town of Leesburg Council does hereby proclaim May 2016 as Town of Leesburg Hunger Awareness Month, and calls this observance to the attention of all Leesburg citizens. PROCLAIMED this 26`h day of April. 2016. 8. PETITIONERS The Petitioners section was opened at 7:40 p.m. Andrew Borgquist stated that one of his favorite sayings is that Hope Springs Eternal. He stated he has come to over 25 meetings and still hopes that something will happen. He stated there has been a large deviation from merit based employment practices in the Town. He stated management is not open to any reasonable discussion. He stated there appears to be a strong retaliatory nature of the actions that occurred. He stated he hopes that there will be some sign that he is being heard. JD Norman, stated he is speaking on behalf of over 100 residents who have signed a petition opposing the construction of the Pennington garage. He stated as part 2 I Page COUNCIL MEETING April 26, 2016 of the petition, they are asking the Council to consider any and all alternatives to removing the fourth floor of the garage. He asked that John Bumham 114 Slack Lane, stated that a lot of good changes were incorporated into the plan for the courts expansion but the fourth level of the garage is unnecessary under any scenario. He asked that Council continue to work with the county and reconsider the parking estimates that require the fourth level. The Petitioners section was closed at 7:50 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Hammier, seconded by Council Member Fox, the following consent agenda was proposed: a. Performance Guarantee and Water Extension Permit for Poet's Walk at Oaklawn MUC-2(TLCD 2015-0012) RESOLUTION 2016-058 Authorizing an Agreement and Approving a Performance Guarantee and a Water Extension Permit for Poet's Walk at Oaklawn MUC-2(TLPF2015-0012) b. Tuscarora Creek Flood Mitigation and Stream Restoration Project LandRi hg_ts Acquisition Authorization RESOLUTION 2016-059 Declaring that a Public Necessity and Use Exists and Authorizing an Offer to Acquire Permanent and Temporary Easements for the Tuscarora Creek Flood Mitigation and Stream Restoration Project c. Appropriation of Donation Check to Fiscal Year 2016 Police Department Budget RESOLUTION 2016-060 Approving a Supplemental Appropriation in the Amount of$300 to the Fiscal Year 2016 General Fund Police Department Budget d. Initiating Legislative Changes and Town Code Batch Amendments RESOLUTION2016-051 Initiating Batch Amendments to the Town Code e. Initiating Amendments to the Leesburg Town Plan for Telecommunication Facilities Initiating Town Code Amendments to Restrict "Through Trucks"on Hope Parkway RESOLUTION 2016-063 3 I Page COUNCIL MEETING April 26, 2016 Initiating Town Code Amendments to Restrict "Through Trucks"on Hope Parkway. The Consent Agenda was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) 10. PUBLIC HEARINGS a. Amending Article 18 of the Leesburg Zoning Ordinance The public hearing was opened at 8:05 p.m. Scott Parker gave a brief presentation regarding a proposed amendment to the Zoning Ordinance that would allow the consumption of food items within service stations. Key Points: • Amendment would amend the definition of"service station". • Change reflects current market trends for convenience/service station hybrid. • Fuel sales are still the principal use. • Food sales are an accessory use. • Service stations existing prior to this date may add on-site dining as an accessory use provided no building expansion and parking requirements are satisfied. Council Comments/Questions • Burk: Questioned where the kitchen facilities will be. Parker: Stated that when referring to by-right, only tables will be added to allow sit down dining of items already sold on premises. • Fox: Questioned whether all service stations go through the special exception process. Further, she questioned whether this will have an impact on taxes. Parker: Verified that all service stations go through the special exception process as part of development and that there will be a slight increase in meals taxes as a result of this amendment. • Dunn: Questioned why tables and chairs need to be a special exception. Parker: Stated as part of an original application, they would be part of the layout of the site that is approved during the special exception process. • Dunn: Questioned whether 7-11s wanted to have tables for their patrons, would they fit under this category. Parker: Stated that convenience stores have their own set of use standards. He noted that convenience food sales for service stations would be an accessory use. • Dunn: Questioned why a service station with in-store dining would be a special exception. 41 Page COUNCIL MEETING April 26, 2016 Parker: Stated the service station use is the special exception use, not the in-store dining. There were no members of the public wishing to address this public hearing. The public hearing was closed at 8:23 p.m. On a motion by Council Member Dunn, seconded by Council Member Hammier, the following was proposed: ORDINANCE 2016-0-011 Amending Article 18, Definitions, of the Leesburg Zoning Ordinance to Permit On- Site Consumption of the Food Items within Service Stations The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) b. Amending Article 9 and Article 18 of the Leesburg Zoning Ordinance The public hearing was opened at 8:24 p.m. Brandon White gave a brief presentation on the proposal to establish regulations for temporary portable storage units. Key Points • Complaints occur when the storage unit is left in place for a long period of time. • Definition was crafted to distinguish that this is a temporary storage unit. • A temporary use permit would be required for storage longer than 14 days. • Maximum size limitation of 120 square feet. • Placement only on paved surfaces (driveways). • Planning Commission recommended approval with conditions. Council Comments/Questions: • Burk: Questioned what the maximum time allowed would be. White: Stated originally a 60 day maximum was proposed; however, the Planning Commission recommended leaving the maximum up to the discretion of the zoning administrator. He stated that staff prefers a maximum for the duration of the storage. • Fox: Clarified that staff would prefer that a permit be drawn from day 1 so that the 14 days could be monitored. • Gemmill: Stated he has a problem having a regulation for one violator. 5 I Page COUNCIL MEETING April 26, 2016 • Butler: Stated that this would protect the neighbors from those who create unpleasant situations. • Burk: Noted that there have been neighborhood confrontations. • Dunn: Stated that other localities put Pods in the same category as sheds. He stated he is surprised it is allowed in a driveway since other localities have strict guidelines for where sheds can be located and their size. He stated he would rather have an established limit of time and then leave it up to the zoning administrator if it can be there longer. • Fox: Clarified that pods are not allowed in public areas. White: Stated there is an application that would allow placement on public property. • Hammier: Questioned the language used in other municipalities. White: Stated that they looked at the Town of Vienna, Town of Herndon, City of Winchester, Fairfax County, Loudoun County, and the Town of Lovettsville. He stated that Herndon and Loudoun County are the only jurisdictions that do not require a temporary use permit for temporary storage. He stated the duration and permitted size varies from one jurisdiction to another. • Hammler: Questioned whether there will be penalties for violating this section. White: Stated that standard zoning violation fees would be used. John Bolton, 508 Clagett Street, SW, stated that his neighborhood has the situation with the pod. He stated that he and his wife have been working with the town on this pod that has been there for 14 months. He stated that the house is vacant and is deteriorating. He stated that the owner lives next door and the owner is unapproachable leaving the neighbors with the only recourse of addressing this with the town. He stated there are pods all over the town. He encouraged a limit to the length of time that a pod can be left. On a motion by Vice Mayor Burk, seconded by Council Member Hammler, the following was proposed: ORDINANCE Amending Leesburg Zoning Ordinance Article 9, Use Regulations, and Article 18, Definitions to Establish Regulations for Temporary Portable Storage Units Council Comments: • Burk: Stated this will be an important resource, particularly for those who do not live in HOA governed areas. • Hammier: Stated she would like maximum time limit language and maximum number of units. • Burk: Clarified that a maximum of 14 days of usage without a permit will I be included and then 60 day maximum with the temporary use permit. 6 I Page COUNCIL MEETING April 26, 2016 On a motion by Vice Mayor Burk, seconded by Council Member Hammier, the item was postponed to the next meeting to give staff time to edit the additional language. The motion to postpone was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) 11. RESOLUTIONS AND MOTIONS a. Initiating Town Code Amendments to Restrict "Through Trucks" on Battlefield Parkway On a motion by Council Member Dunn, seconded by Council Member Hammier, the following was proposed: RESOLUTION 2016-064 Initiating Town Code Amendments to Restrict "Through Trucks"on Battlefield Parkway Council Comments: • Dunn: Stated that there are a lot of schools and day care centers along Battlefield Parkway. He stated this will better serve the citizens to not have trucks that are just passing through town in these residential neighborhoods. • Burk: Stated that the reason she took it off consent was it came up rather quickly. She stated one of the arguments for the Battlefield Parkway construction was to take traffic out of the downtown. She questioned whether this will push traffic back downtown. Notar: Stated it might and staff will recommend against it. • Butler: Stated he cannot support this is because trucks sometimes have to travel on Battlefield. He stated it was built for trucks. The motion was approved by the following vote: Aye: Dunn, Fox, Gemmill, and Hammier Nay: Burk and Mayor Butler Vote: 4-2-1 b. Initiating Amendments to Zoning Ordinance for Consistency of Nonconforming Structures On a motion by Council Member Hammier, seconded by Mayor Butler, the following was proposed: RESOLUTION 2016-065 Initiating Amendments to the Leesburg Zoning Ordinance for the Purpose of Providing Consistency Regarding Treatment ofNonforming Structures The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, and Mayor Butler 7 I Page COUNCIL MEETING April 26, 2016 Nay: None Vote: 6-0-1 (Martinez absent) 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Dunn questioned whether there was support from Council to give part time employees the same rights that full time employees have. He requested Council discussing this subject. Vice Mayor Burk: Stated she attended a reception for welcoming the county's new director of mental health, substance abuse, and developmental services. She stated this is a wonderful group and congratulated Ms. Patriccio on her appointment. She congratulated Katrina Cole for being elected the president of Friends of Loudoun Mental Health. She stated the flower and garden show was spectacular. She thanked those that came out on the rainy morning to help clean up the African-American grave sites located on the town's property near the airport. She expressed sympathy to the Carroll family. Council Member Hammier: thanked everyone for the wonderful flower and garden festival. She stated that if Council members are going to volunteer for Commission booths, they should use the same parameters for political endorsements as they do when sitting on the dais. She disclosed a conversation with Hobie Mitchell regarding the O'Connor property north of town. She thanked Mr. Burnham for his efforts with regards to the Pennington Parking Garage. She stated she will be attending the VML Executive Committee meeting in Blacksburg. She stated it is important to work on more legislation to help localities deal with blighted structures. She congratulated and thanked Tom Mason for his many decades of dedicated and effective public service. Council Member Fox: Congratulated Tom Mason on his upcoming retirement. She stated she is happy the Town Council has proclaimed May as Hunger Awareness Month. She stated it is necessary and needed. 16. MAYOR'S COMMENTS Mayor Butler noted that there was a lot of deer bones and tires at the African- ' American gravesite. He stated the flower and garden show was fantastic and enjoyed welcoming everyone and accepting the Tree City USA award, which is a testament to the town. He shared his condolences with the Carroll family and the family of Lieutenant Dube. He disclosed a conversation with Mike McLister about potential 8 I Page COUNCIL MEETING April 26, 2016 activity downtown. He stated he met with Chairman Randall and some other officials related to the consideration of the acquisition of real property for parking. 17. MANAGER'S COMMENTS Kaj Dentler had no comments. 18. CLOSED SESSION On a motion by Mayor Butler, seconded by Council Member Hammier, the following was proposed: MOTION2016-007 Pursuant to Section 2.2-3711(A)(3)of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of discussion or consideration of the acquisition of real property for a public purpose, or of disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. The motion was approved by the following roll call vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) The Council convened in closed session at 9:27 p.m. The Council reconvened in open session at 10:14 p.m. On the motion of Council Member Hammier, seconded by Council Member Fox, the following was proposed: MOTION 2016-008 In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Aye: Burk, Dunn, Fox, Hammler, and Mayor Butler Nay: None. Vote: 5-0-2(Gemmill/Martinez absent) 1 9 I Page COUNCIL MEETING April 26, 2016 19. ADJOURNMENT On a motion by Council Member Hammier, seconded by Council Member Fox, the meeting was adjourned at 10:14 p.m. Pat ic - David S. Butler, Mayor Town of Leesburg AT'TE.ST: I I _ Clerk of Co nil 2016 rcmin0426 10 I Page