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HomeMy Public PortalAbout2014_tcwsmin0127 Council Work Session January 27, 2014 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Kristen C. Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Katie Sheldon Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Attorney Barbara Notar, Deputy Town Manager Kaj Dentler, Director of Planning and Zoning Susan Berry Hill, Director of Plan Review William Adman, Deputy Director of Planning and Zoning Brian Boucher, Senior Planner Mike Watkins, Assistant Town Manager Scott Parker, Director of Economic Development Marantha Edwards and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Work Session Items for Discussion a. Legislative Update Barbara Notar distributed the "Hot List" of House and Senate bills that the town is watching closely. Key Points: • Precious metal dealers: General Laws subcommittee has reported out. • City status item is dead—was stricken from the docket at Delegate Minchew's request. • Bill requiring counties to enforce the maintenance code within towns has been tabled • HB209—subdivision plats of 50 lots or less would not require a preliminary subdivision plat- should be opposed. • Will be updated tomorrow Council Comments/Questions: • Why does the county not want to enforce the maintenance code within the town? Staff answer: Probably revenue related. Is not just an issue within Leesburg, but also a problem in other towns within Loudoun County. • What is line of duty funding? Staff answer: Disability for firefighters and police men— originally funded by the state. Now the town has to take over the funding. These bills require the state to take over the funding, but the state would want to take over portions of the communications and use tax. • What would be the effect of not assessing stormwater fees for churches? Staff answer: Currently, we do not assess stormwater fees to anyone. These are the new stormwater fees. It will depend on the project, the size of the church. Staff will have to gather more information. • What is the limitation of local authority on zoning? 1 Page Council Work Session January 27, 2014 Staff answer: that provides that the zoning ordinance or zoning interpretations cannot restrict federal or state constitutional rights. b. Panhandling(drive ups) John Wells stated that Council Member Dunn had raised a concern over drive up panhandling in some areas of the county. Police Department has no reports of it occurring within the town. Council Member Comments: • Not the same as soliciting in public right of ways c. Metro Momentum Plan Council Member Hammier stated "I have no problem just striking this from the agenda and even from a vote. I think we had a wonderful briefing from Mary Hynes and we appreciate her coming to share that with us. Obviously, we are deeply impacted. It is going to be a resource to all of our citizens and we will be planning for bus and other related issues. "I do not think we need to vote". It was noted that Ms. Hynes is a member of the Arlington County Board of Supervisors and the Metro Board of Directors. She stated her appreciation for Ms. Hynes presentation. d. Downtown Improvements Verbal Update Scott Parker gave the update on the progress on the downtown improvements. Key Points: • Work on Loudoun Street can continue once the weather warms up • Water line work will continue • Work will continue from the East End triangle to Church Street Council Comments/Questions: • Does this mean the sidewalks from the Liberty gas station to the triangle? Staff answer: Yes. Brick sidewalks will be installed. • Will it be flat—it is important for Avis that there be no curbs. Staff answer: Yes, it will be an epoxy street print at Avis' request. Curb and gutter will start further down the street. • On Loudoun Street, near Market Station, what will be done with the `bridge'? Staff answer: A new `bridge' will be built with the same type of stone face that is used on the east end triangle knee wall. This will be a dramatic improvement. e. Lowe's 21P age Council Work Session January 27, 2014 Council Comments/Questions: • There is no tree save area? Is there a reason why? Staff answer: Correct. The quality of the tree stand that exists is low and is not significant. The applicant is meeting the canopy requirements. • The deer that inhabit this area will have nowhere to go other than Route 7. Staff answer: Will make a note to address habitats for wildlife in a small area plan. • Will any further approvals be required for the Phase II section of the property? Staff answer: A concept plan will be required. • Pleased that there is no residential component • Can vehicle sales be put on this site? Staff answer: No. • Are we positive enough land has been reserved for the interchange? Staff answer: The previous legislative applications have guaranteed 100% that enough land has been reserved for the tight diamond design per VDOT. • Vacant office space along Route 7 is because rents are too high • How would staff recommend Phase I be sited to take best advantage of the topography? Staff answer: Recommend that the back of the Lowe's building be towards Battlefield because the final diamond interchange will put Battlefield above the level of the Lowe's and while the intersection is at- grade, landscaping will provide adequate screening Molly Novotny, of Cooley Goodard provided the fiscal impact study and reviewed the expected numbers with respect to the proposed development. • Average Lowe's employee makes $14/hr. • Average Lowe's employee does receive benefits Council Comments/Questions: • Please comment on the additional traffic impacts created by this intensive retail use. Staff answer: The proffered free-flow right turn lane will mitigate some of the impacts, but will not address all of the concerns. The long term fix is a grade-separated interchange. • Would like to have a conversation about Town Plan amendments and rezonings • Would like to break up areas where there are blank walls—possibly use cement board to give the impression of clapboard siding. Applicant answer: Could do a number of things to give texture to the walls. BAR will have input as well. 3IPage Council Work Session January 27, 2014 • Why was a cistern recommended for watering the plants? Staff answer: The applicant requested it. • The Town encourages water saving measures • The cistern will help with stormwater management costs • The majority of council expressed a preference for the cistern This will be on the agenda for vote on Tuesday evening 2. Additions to Future Council Meetings Council Members Burk and Hammier requested information on how rezonings come forward. Council Member Burk stated that at the County level it is easier to see the proffers and referrals. Council Member Hammier stated she would like a discussion of the Town Plan and how it relates to regional office. She questioned whether mixed use is a better place for office. Council Member Hammler asked for an advance briefing of the important land development applications that are before the Planning Commission. She stated Supervisor Reid asked for a letter from the Town Council requesting county CIP funding for the Battlefield/Rt. 7 interchange. She asked for a proclamation for Loudoun County Lady Raider's Volley Ball team. Council Member Wright stated one of the holes in the process remains differentiating rezonings from site plans. Vice Mayor Butler stated he got some comments regarding snow removal or lack thereof. Mr. Wells asked that any snow removal complaints be directed to him immediately. Vice Mayor Butler also asked for an information memorandum on policies and procedures regarding removal of signs from right of ways. Council Member Dunn stated he would like to see what county CIP money the town could get. He asked for Council's position on Tuscarora Crossing as the county planning commission will be looking at this proposal. Mayor Umstattd stated that Eric Stevens will come to Council to request the use of the Council Chambers for his son, Matthew's, Eagle Court of Honor. She recommended this be added to the agenda for tomorrow night's meeting. She also recommended adding a town manager's contract be added to tomorrow night's meeting. It was agreed to add these two items to Tuesday night's agenda. Council Member Dunn requested a loop be added to the patches so that the Scouts can put them around a pin. It was noted that appointments for the Diversity Task Force will occur at the second February meeting. 3. Closed Session 41Page Council Work Session January 27, 2014 On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following was proposed: 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 receiving information and discussion regarding: a. Real Estate Matter The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright, Mayor Umstattd Nay: None Vote: 7-0 The Council convened in Closed Session at 8:50 p.m. The Council reconvened in Open Session at 9 p.m. On a motion by Mayor Umstattd, seconded by Council Member Burk, the following was proposed: 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, Butler, Dunn, Hammier, Martinez, Wright, Mayor Umstattd Nay: None Vote: 7-0 4. Adjournment On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 9:00 p.m. I Clerk of Council 2014 tcwsmin0127 5 Page