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HomeMy Public PortalAbout2016_tcmin0927 COUNCIL MEETING September 27, 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 Hammler, Suzanne Fox, Marty Martinez and Mayor Butler. Council Members Absent: Council Member Hammler arrived at 7:39 p.m. Staff Present: Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Director of Economic Development Marantha Edwards, Director of Capital Projects and Public Works Renee Lafollette, Director of Planning and Zoning Susan Berry Hill, Human Resources Manager Mark Hauer, Interim Chief of Police Vanessa Grigsby, IT Project Manager John Callahan, Senior Management Analyst Jason Cournoyer and Clerk of Council Lee Ann Green. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Mayor Butler 3. SALUTE TO THE FLAG was led by Council Member Dunn 4. ROLL CALL a. Roll Call showing Council Member Hammier absent (arrived at 7:39 p.m.) 5. MINUTES a. Work Session Minutes of September 12, 2016. On a motion by Council Member Dunn, seconded by Council Member Fox, the work session minutes of September 12, 2016 were approved by a vote of 6-0-1 (Hammier absent). b. Regular Session Minutes of September 13, 2016. On a motion by Council Member Gemmill, seconded by Council Member Dunn, the regular session minutes of September 13, 2016 were approved by a vote of 6-0-1 (Hammier absent). 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Gemmill, seconded by Council Member Dunn, the meeting agenda was adopted as presented by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Martinez and Mayor Butler Nay: None Vote: 6-0-1 (Hammier absent) 7. PRESENTATIONS a. Proclamation—National Customer Service Week 1 I Page COUNCIL MEETING September 27, 2016 Ona motion by Council Member Dunn, seconded by Council Member Fox, the following was proclaimed: PRO CLAMA TION National Customer Service Week October 3-7, 2016 WHEREAS,National Customer Service Week was established by the International Customer Service Association (ICSA) in 1984 and proclaimed a national event by the U.S. Congress in 1992; and WHEREAS,this year's theme is One Goal, One Team, No Limits; and WHEREAS,the Town of Leesburg's Council and staff are dedicated to providing excellent and timely customer service to all its customers; and WHEREAS,the Town of Leesburg's Customer Service team has developed a Customer Service Policy that follows the acronym L.E.A.D. —Leadership, Excellence, Accountability, and Dedication as a reminder of its core commitment to not only meeting, but exceeding customer expectations. THEREFORE,PROCLAIMED, by the Council of the Town of Leesburg in Virginia, that October 3-7, 2016 is National Customer Service Week in the Town of Leesburg and all staff are reminded of their role in ensuring that the Town of Leesburg is an ideal community in which to live, work and play. PROCLAIMED this 27`'' day of September. 2016. b. Proclamation—Middleburg Bank On a motion by Council Member Dunn, seconded by Council Member Hammier, the following was proclaimed: PROCLAMATION Congratulating Middleburg Bank on 20 Years of Service to the Town of Leesburg September 30, 2016 2 I Page COUNCIL MEETING September 27, 2016 111 WHEREAS, Middleburg Bank opened its first Leesburg branch 20 years ago; and WHEREAS, Middleburg Bank has located its Corporate Operations Center in Leesburg creating approximately 70 jobs; and WHEREAS, Middleburg Bank is proud to support the community by sponsoring many community events such as the Youth Job Fair and the Airshow; and WHEREAS, Middleburg Bank contributes to many community projects that enhance the quality of life for Leesburg residents such as the sculpture garden in Raflo Park. THEREFORE, PROCLAIMED, by the Council of the Town of Leesburg in Virginia, that Middleburg Bank is congratulated on 20 years of service to the Leesburg community. PROCLAIMED this 27th day of September. 2016. c. Certificate of Recognition—FedBiz The Council presented a Certificate of Recognition to Don and Nina Tiaga in recognition of the achievements of their company, FedBiz. d. Certificate of Recognition—Habitat for Humanity The Council presented a Certificate of Recognition to Kari Murphy on behalf of Loudoun Habitat in recognition of the work the organization does to provide homes for Loudoun citizens. e. Certificate of Appreciation—Team Mathias The Council presented a Certificate of Appreciation to Linda Long and Roya Giordano for the work that Team Mathias does to bring awareness of pediatric cancers to town citizens by placing yellow ribbons on the downtown parking meters. 8. PETITIONERS The Petitioners section was opened at 7:51 p.m. Minu Beijan, 126 Governors Drive, SW, stated that people should consent to having the toxic chemical, fluoride, in their water. She stated that despite the fact that it has been recommended by the American Dental Association, the chemical in the water goes into the body and should be approved by the American Medical Association as well. She listed the organs that are adversely affected by fluoride in the water. Gwen Armstrong, 304 Patterson Court, NW, read an excerpt from the U.S. Constitution to Council and offered a prayer for Council. 3 I Page COUNCIL MEETING September 27, 2016 Gem Bingol, 1508 Shields Terrace, NE, expressed her dissatisfaction that the Council may take up a vote to rescind the Crescent Parke decision. She questioned whether it is an example of good governance or showing moral responsibility to the citizens of Leesburg. She stated that the Leesburg residents deserve more from their officials. She questioned what guidelines allow them to reverse a decision. She asked them to rethink their decision to rescind. The Petitioners section was closed at 8:05 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Gemmill, seconded by Council Member Dunn, the following consent agenda was proposed: a. Remote Participation in Public Body Meetings RESOLUTION 2016-121 Remote Participation Policy for Town of Leesburg Public Body Meetings b. TLCP 2016-0001, Milestone Communications RESOLUTION 2016-122 Approving an Additional(3rd)120-Day Time Extension for the Review of Commission Permit Application TLCP 2016-0001, Milestone Communications c. Virginia Department of Transportation SMART Scale Applications RESOLUTION 2016-123 Endorsing SMART Scale Applications to the Virginia Department of Transportation d. Performance Guarantee: Edwards Ferry Road Retail(TLPF 2015-0001) RESOLUTION 2016-124 Authorizing and Agreement and Approving a Performance Guarantee, a Waterworks Extension Permit and a Sewer Extension Permit for Edwards Ferry Road Retail(TLPF2015-0001) e. Public Improvements at Oaklawn Landbay C—Gas Station (TLPF2013-0021) RESOLUTION 2016-125 Accepting the Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Oaklawn Landbay C—Gas Station (TLPF2013-0021) The Consent Agenda was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez and Mayor Butler 4IPage COUNCIL MEETING September 27, 2016 Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Telecommunications Zoning Ordinance and Town Plan Amendment The public hearing was opened at 8:06 p.m. Susan Berry Hill gave a brief presentation on the Town Plan Amendment. Key Points: • Will re-note that telecom facilities should be co-located on existing facilities. • Notes locational preferences for telecom facilities. • Provides guidance on when commission permits are necessary. • Addresses general performance standards for telecom facilities. • Distributed antenna systems and small cell facilities are smaller facilities that can be fixed to poles or buildings and help distribute broadband. • Will encourage the minimization of the need for new towers or monopoles through the use of small scale technology. • No commission permit will be necessary when performance standards are met. • The Planning Commission and the Technology and Communication Commission have both reviewed and recommend approval of the proposed amendments. Chris Murphy gave a brief presentation on the Zoning text amendments. Key Points: • Will expand the permissible types of telecommunication facilities and the districts in which such facilities will be permitted. • Will streamline the review process for certain types of facilities, their use and performance standards. • Planning Commission and staff recommend approval of the proposed amendments. • The telecommunications industry is looking to expand their systems to accommodate the growth of smart phones and other devices that depend on the wireless network. • Small cells take the burden off a macro system. • Noted that there were several errors in the ordinance that was presented. Council Comments/Questions: • Gemmill: Questioned whether there would be any cost outlay for the town. He questioned whether this will improve cell service during catastrophic events. 5 I Page COUNCIL MEETING September 27, 2016 Murphy: Stated the town may get some permit fees, but there will be no cost. Further, he surmised that with the small cell deployments, there will be less chance of dropped calls. • Martinez: Noted that with a distributed system, there is not a single point for failure. Frank Stearns, stated he was speaking on behalf of the telecommunications industry. He stated that it is very important to have quality coverage. He stated that the equipment at the base of the pole should not be prohibited in stealth applications. Zachariah Ingalls, 207 Meadows Lane, NE, stated that the free reign to deploy these systems is concerning. He stated it may cause devaluation if they are visible in residential neighborhoods. He requested some restraints in residential districts to protect property values. Council Comments/Questions: • Fox: Questioned what oversight will be provided. Murphy: Stated that if it meets the minimum use standards, it is a zoning permit review. On a motion by Council Member Fox, seconded by Vice Mayor Burk, the following was proposed: ORDINANCE 2016-0-021 Amending Zoning Ordinance Articles 5, 6, 7, 8, 9 and 18 to Establish Definitions for and Use Regulations Relating to the Telecommunications Systems Types Known as Distributed Antenna Systems(DAS), Small Cells and Power Mount Facilities on Existing Electrical Transmission Towers She noted the following corrections to the draft ordinance: 1. Strike "such antenna and any associated building structure, utility pole, or light standard mounted equipment cabinets shall not exceed 20 cubic feet and shall be ofa material/color which closely matches and blends with the associated building structure, utility pole or light standard. 2. Strike "appropriateness from the Board of Architectural Review(BAR). No ground mounted equipment shall be permitted anywhere within the H-1 overlay district. Council Member Comments: • Fox: Stated she feels that moving this forward is part of important infrastructure. • Hammier: Stated she feels that Mr. Ingall's concern was addressed by staff. She clarified that stealth bases would not be considered ground mounted. 6 I Page COUNCIL MEETING September 27, 2016 Murphy: Stated that the language in question states that ground mounted stealth equipment is allowed and has been clarified to ensure that stealth equipment that is in the base, is considered ground mounted and not pole mounted. Stearns: Stated that the current language states that no ground mounted antenna equipment shall be permitted on the property or right of way in front of a residential use. He requested that if a stealth design on a light pole base is used in a residential area, that it be permitted. • Hammler: Agreed that with the number of cell phones predicted in the coming years, that the infrastructure needs to be as camouflaged as possible moving forward. • Martinez: Questioned the power in and out of these antennas. He expressed his comfort with the proposed language concerning the stealth application. Murphy: Stated he does not have that information, but he understands the power use and generation is low. • Martinez: Stated he is aware that some larger companies have indoor distributed systems. Murphy: Stated the iDAS is the indoor application and is not meant to serve outside the building and those applications are byright. • Dunn: Stated that 20 cubic feet sounds large. He confirmed that the language on 7a is being left in the ordinance. • Fox: Stated this is part of the 21" century infrastructure and will be very important moving forward. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None Vote: 7-0 On a motion by Council Member Fox, seconded by Council Member Hammier, the following was proposed: RESOLUTION 2016-126 Adopting Town Plan Amendments through TLTA 2016-0001, Amending Town Plan Policy Language for Chapter 10 Community Facilities and Services to Update the Telecommunications Policies Council Comments: • Hammier: Thanked everyone for putting this together. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler Nay: None Vote: 7-0 7 I Page COUNCIL MEETING September 27, 2016 b. Town Manager's Public Hearing—Residential Permit Parking Zone (300 Block of Cherry Lane, NE) The public hearing was opened at 9:03 p.m. Calvin Grow gave a presentation on the request by the residents of the 300 block of Cherry Lane, NE, for a residential permit parking zone. Key Points: • Residents are concerned over lack of parking caused by the apartment complexes nearby. • Survey shows over 75 percent of the available parking taken up on this block with 25 percent of those parking in the neighborhood are not residents of the area. • Staff will receive comments and make a recommendation to the Town Manager. • If approved, each household will receive a permit for each registered vehicle and two visitor's passes. • Vehicles parked in the designated permit area without a permit will be subject to ticketing, fines and towing. Council Comments/Questions: • Burk: Questioned whether this will just push the parking problem into another neighborhood by not looking at the parking in that area as whole. Grow: Stated that the parking problem has been block by block and will move to another street. • Burk: Suggested that the SRTC look at parking options for this area. • Fox: Questioned how staff determined which cars did not belong to residents of the area. She questioned whether the houses in this area have driveways. Grow: Stated that the inspector recorded the license plate numbers and worked closely with police to determine which vehicles were registered to addresses in the neighborhood. He stated that there is only one residence on the 300 block of Cherry Lane, but the surrounding neighbors could have permits, if desired. • Hammier: Questioned why out of area residents are parking on that street and whether the owners of the vehicles have been surveyed to find out why they are doing this. Grow: Stated that people are storing their vehicles there and going somewhere else. He added that the owners have not been questioned. Wayne and Julie Cooper, 303 Cherry Lane, NE, stated they are the only house on this section of Cherry Lane. She stated that there are out of state vehicles that park there, sometimes for long periods of time. She stated that 111 people even park in their driveway. They expressed that a lot of the vehicles are from sub-renters in the apaltinents or in Heritage Square and they are tired of cleaning up debris left from the owners of the vehicles. 8 I Page COUNCIL MEETING September 27, 2016 Vicki Smith, 101 Birch Street, NE, stated that she lives on the corner of Birch and Cherry. She stated that the trash left behind by those parking is disgusting. She stated that the vehicles stay parked for a long period of time. She stated that Birch Street will be the next parking lot if Cherry Lane gets the permit parking zone. She stated that they no longer know who is in their neighborhood and they want their neighborhood back. Further, she stated that the neighborhood has signed a petition asking for a permit parking zone. Zachariah Ingalls, 207 Meadows Lane, NE, stated that this neighborhood has the same issue that the Meadows Lane neighborhood has. He stated that he has issues to address the core issue causing the parking situation. He suggested that those residences that have property abutting a public road have dedicated on- street parking. The public hearing was closed at 9:27 p.m. c. Town Manager's Public Hearing—Residential Permit Parking Zone (Meadows Lane, NE) The public hearing was opened at 9:28 p.m. Calvin Grow gave a brief presentation on the request for a permit parking zone on Meadows Lane, N.E. Key Points: • Same basic complaints as made on Cherry Lane due to lack of available parking. Council Comments/Questions: • Martinez: Stated that every time Council approves one of these, the parking problem moves to the next street. He stated he supports permit parking, but options for overflow parking needs to be explored. He suggested businesses that are not open at night to relieve the congestion on neighborhood streets. He stated that when his children were younger and lived at home, they had six cars. • Dunn: Stated this is not a parking problem, but has been created by multiple families living in single family units. He stated that in the past 15 years, the town has added over 15,000 people to the population and only 1000 homes. He stated that the Town Manager told him that the town does not have the manpower to investigate all the over-crowding complaints. • Butler: Stated that staff is looking at a suggestion to make Meadows Lane be a one-way loop and have angled parking on one side of the street. Jaime Van Antwerp, 205 Meadows Lane, NE, stated she just moved into the neighborhood and feels that most of the overcrowding is related to the apartment complexes. She stated that there is a courtesy policy with the 9 I Page COUNCIL MEETING September 27, 2016 neighbors to leave a spot in front of each other's homes, but she still has to pick and choose the times she leaves the house. She stated that the trash issues exists in her neighborhood as well, nor does she feel safe in the neighborhood because they do not know who is in the neighborhood. Joshua Gray, 205 Meadows Lane, NE, stated he does not sleep well at night so he is always out walking around the neighborhood at night. He stated that people are walking through their neighborhood to park. He stated he understands that the town cannot control the HOA parking lots, but a permit parking zone would alleviate the on-street issue so that people could park in front of their homes. April Grant, 163 Meadows Lane, NE, stated she is being confronted by neighbors who are upset about where she parks because she was not aware of the polite policy to allow people to park in front of their homes. She stated she has to be rude to her neighbors or park in the parking lot and haul her children and belongings down the street. She stated the trash is also a problem. Zachariah Ingalls, 207 Meadows Lane, NE, stated that the HOA can bind the owners to allowing each owner to park in front of their homes which would provide two spaces per home in the community. Further, he stated that the few owners that face Fort Evans Road will also need a permit parking zone. He stated he has been confronted by angry space savers when their cones are moved so he does not feel safe leaving the house unarmed. John Ecker, 143 Meadows Lane, NE, stated that the non-resident parking in the neighborhood has pitted neighbor against neighbor. He stated that the residential permit parking will relieve the on-street overcrowding during the overnight hours. The public hearing was closed at 9:54 p.m. Council Comments/Questions: • Hammler: Encouraged residents to report overcrowding whenever they see it. • Dunn: Stated the Cedarwalk neighborhood will have the same issues. He stated family members can live in the same home. He stated unrelated people living in the same home is what is causing the problems. 11. RESOLUTIONS AND MOTIONS a. Fiscal Year 2018 Funding Request Submission to the County of Loudoun On a motion by Council Member Hammier, seconded by Council Member Dunn, the following was proposed clarifying that fullfiinding of the School Resource Officer program is being requested: 10 I Page