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
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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
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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
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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.
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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.
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• 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
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be included and then 60 day maximum with the temporary use permit.
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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
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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
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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)
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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
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