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HomeMy Public PortalAbout2008_03_11 COUNCIL MEETING March 11, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, David Schmidt, Kevin Wright, and Mayor Kristen Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby, Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich, Assistant to the Town Manager Scott Parker, Director of Engineering and Public Works Tom Mason, Director of Utilities Randy Shoemaker, Director of Capital Projects Management Nagi Elsewaissi, Director of Planning, Zoning and Development Susan Swift, Senior Planner Chris Murphy, Zoning Administrator Brian Boucher, Planner Jason Beske, Preservation Planner Annie McDonald, Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson, Management Specialist Debi Parry, and Clerk of Council Lee Ann Green. AGENDA ITEMS A. Invocation by Council Member Reid B. Salute to the Flag was led by Eagle Scout Tom Williams C. Roll Call showing all members present. D. Minutes a. Work Session Minutes of December 10, 2007 On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the minutes were passed 6-0-1 (Schmidt abstaining) b. Regular Session Minutes of December 11, 2007 On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the minutes were passed 6-0-1 (Schmidt abstaining) c. Regular Session Minutes of February 12, 2008 On a motion by Council Member Martinez, seconded by Council Member Hammier, the minutes were passed 6-0-1 (Schmidt abstaining) d. Work Session Minutes of February 25, 2008 On a motion by Council Member Martinez, seconded by Council Member Wright, the minutes were passed 5-0-2 (Reid, Schmidt abstaining) e. Regular Session Minutes of February 26, 2008 On a motion by Council Member Wright, seconded by Council Member Hammier, the minutes were passed 5-0-2 (Reid, Schmidt abstaining) E. Presentations 1. Certificate of Recognition - Achievement of rank of Eagle Scout - Tom Williams On a motion by Council Member Hammier, seconded by Council Member Martinez, a Certificate of Recognition was presented to Tom Williams for demonstrating good citizenship and leadership in the community through your efforts of organizing and leading the project to restore the exterior of Veterans of Foreign Wars (VFW) Post 1177. Town Council Meeting of March 11. 2008 Page 2 2. Resolution of Appreciation - Joseph Delia On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following Resolution of Appreciation was presented to Joseph Delia. Resolution of Appreciation .Joseph Delia WHEREAS, Joseph B. Delia is a long and valued employee of the Federal Aviation Administration (FAA), most recently as an Airport Engineer in the Washington Airports District Office; and WHEREAS, Joseph B. Delia will be retiring from the FAA after more than 30 years of dedicated service; and WHEREAS, Joseph B. Delia has been instrumental in obtaining FAA approval and funding for numerous Leesburg Executive Airport projects that have contributed to the airport's ability to provide safe and convenient airport services to the flying public; and WHEREAS, Joseph B. Delia efforts over the years have enabled the Leesburg Executive Airport to become an attraction for employers and visitors alike enhancing the overall economic growth of Leesburg and Loudoun County; and THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in Virginia hereby recognize and commend Joseph Delia for his tireless efforts and vast expertise which has served to benefit the citizens of Town of Leesburg and users of Leesburg Executive Airport. The resolution was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 F. Petitioners The Mayor recognized Council Member Reid, who thanked the Mayor and Council and Leesburg community for their support in the aftermath of his mother's death. The petitioners section was opened at 7:46 p.m. Lisa James/Kristin Crosby, Old Country Peddler, gave an overview of the activities of the Leesburg Downtown Business Association (LDBA) Promotions Committee. Linda Shotton, Historic District Residents Association, 232 Edwards Ferry Road, N.E., stated she was happy about the idea of a park on town owned property on Loudoun Street. Town Council Meetinq of March 11, 2008 Page 3 Sara Higgins, 411 S. King Street, stated Council needs to preserve greenspace on Loudoun Street. Sandy Kane, stated she was disappointed with Council's comments on Morven Meadows off-leash park. She stated she recognizes the concerns of the adjoining residents. She suggested the Town identify other Town-owned properties that might be appropriate for an off-leash area for Town dog owners. Kevin Kavanaugh. 344 Lake View Way, presented Council with a Power Point presentation. He showed photographs of various dog parks throughout the Northern Virginia area. Earl Hower/Keith Seekford, stated they would be presenting the Virginia Tech alumni association with an opportunity to make donations to the Town's expenses for the Memorial Grove. Council Member Hammier asked that the Town reach out to the families of the victims to let them know that they are welcome to come to the Dedication. Todd Evans, Leesburg Girls Softball, spoke in support of his organization's need for field space. The petitioner's section was closed at 8:15 p.m. G. Public Hearing 1. Tax Rate The public hearing was opened at 8: 15 p.m. John Wells gave a brief synopsis of how the tax rate was set and the timeline for approval of the Budget and the tax rate. He noted a public hearing on the Budget would be held at the meeting on March 25. He stated the proposed tax rate is 18.75 cents. There were no petitioners. Council Member Hammier questioned where citizens can go for more information. Mr. Wells noted the documents are available at the Town office and more information is available on the website. Council Member Reid invited the public to attend the public hearing on the Budget at the next Council meeting if they have comments. The public hearing was closed at 8:20. Town Council Meeting of March 11. 2008 Page 4 2. Special Exception TLSE 2007-0010 Chevy Chase Bank The public hearing was opened at 8:21 p.m. Chris Murphy gave a presentation on the current proposal by Chevy Chase Bank to replace the Johnson's Charcoal House of Beef building at the corner of Catoctin Circle and Market Street with a Chevy Chase Bank Branch. It was explained that the current Chevy Chase Bank branch across the street would close after the new branch was opened. Mr. Murphy stated the applicant had responded to all of staff's comments except the project did not adhere to the Crescent District Master Plan. Mr. Murphy noted the project had too Iowan FAR for the Crescent District and too much visible parking. He stated the location had been identified for mixed use, rather than a single user. Council Member Schmidt noted it would be difficult to change the uses in that area. David Fuller explained that the Zoning Ordinance has not yet caught up to the Town Plan. He stated that each succeeding redevelopment proposal will come more and more into line with the Town Plan. Vice Mayor Horne questioned how 1.0 FAR and parking can be achieved at the same time. She noted it may not be possible to be completely consistent with the Town Plan, but she would like to get as close as possible. Council Member Wright questioned whether this application can comply with the Town Plan. He questioned which ordinance stands in the way. Mr. Murphy noted the B-3 zoning district shows a maximum FAR of 0.3 and the setbacks are higher. He stated there are also differences in the parking regulations. Mr. Beske stated they had anticipated mixed use development at this location. He stated this would be something with retail on the ground floor and office on the second floor. He noted the buildings would be higher with more mass and have a minimum number of stories. Mr. Wright questioned whether we are creating a problem with the right in/right out traffic movement. Mr. Murphy stated they would be utilizing a "porkchop" at this location, which would suit the needs for this movement. Council Member Reid noted that Federal laws do not allow a second story above a bank. He questioned how many drive throughs are located in the Town. Mr. Murphy stated there are 26 drive throughs in Town overall. Town Council Meeting of March 11. 2008 Page 5 Mayor Umstattd stated she likes the goals of the Crescent District Plan. She stated she did not feel that the corner of Catoctin and Market is safe for pedestrians. She noted most banks do not feel they can succeed without a drive through. Bob Flinn, representative for Chevy Chase Bank, stated this application does a lot of what the Crescent District is trying to achieve. Council Member Hammier questioned what types of comments the BAR had given. Mr. Flinn stated the BAR had comments regarding window types and dimensions, but had no comment on the basic form and massing of the building. Council Member Wright stated the BAR had provided the applicant with a follow-up letter. He questioned whether Mr. Flinn planned on modifying the application to meet those comments. Council Member Reid stated that East Market Street is not pedestrian friendly. He noted Commerce Bank was approved before the Crescent District Plan was in effect. He noted that Virginia Commerce Bank had an existing drive through and did not need special exception approval. He suggested putting an island in the middle of Market Street as a traffic calming device. He questioned what will happen if the banks fail and we have a lot of approved drive throughs. Council Member Hammier questioned what the plans are for the old location across the street. Mr. Flinn noted they are tenants at the current location and the final disposition of the building would be up to the landlord. Council Member Reid questioned whether a pedestrian safety island could be constructed on Market Street. Tom Mason stated that would require widening of East Market Street. Gary Nicely: spoke in support of the historical artifacts found on the walls of the current Johnson's House of Beef. Kevin Horgan: spoke in support of the application and the Sadak family. Buddy Sadak: spoke in support of the Chevy Chase Bank application. Debra Mayo: stated most communities would jump at the opportunity to have such a good application. Stephen Mayo: stated he loves his community. He noted he could not walk to Johnson's. Town Council Meeting of March 11. 2008 Page 6 Bob Fuller: spoke in support of the application. Gerald James: spoke in support of the application. Keith Belote: spoke in support of the application. Martha Belote: spoke in support of the application. Bobbi Gehr: stated the application is supported by Woodlea Garden Club. She noted the proposed landscaping on the plans is beautiful. David Gehr: stated this is a win/win situation. Ron Harding: stated he is the cook at Johnson's and asked Council to remember his job is at stake. Lauren Bland: stated the process needs to be balanced with other concerns. She stated the development process is too long. Jim Bland: spoke in support of the application. Debbie Strange: read the following three letters into the record: 1. Michaela Mclntrye: "As a resident of Leesburg, Virginia for the past 15 years and associated with the town for the past 60 years, I feel obligated to express my opinion about the proposed move of the Chevy Chase Bank to the site of the Johnson House of Beef Restaurant. I have seen the pictures of the bank on the new site and am very pleased with the classic look of the building and the attractive landscaping surrounding the bank. The columns on the bank building enhance the neighbor that leads to the historic district of Leesburg. I highly recommend that the members of the Town Council approve the sale of the Johnson House of Beef Restaurant to the Chevy Chase Bank Corporation". 2. Kris and David Struba (229 N. King Street): "We support Chevy Chase Bank's proposed use of the Johnson's House of Beef property and the Sadak's right to sell to Chevy Chase. We feel that Town of Leesburg is unreasonable in its demand for other uses of the property for the following reasons: 1. The Town contends that there is not enough turning space and parking for one bank. How then can there possibly be enough parking for a four story building of mixed residential, office and retail uses? There is no street parking anywhere near the property; parking in other private lots can only enrich the towing companies. 2. This is not an attractive site for residential use. It is one of the busiest and noisiest spots in Leesburg and the constant bright lights would preclude a good night's sleep. 3. It is unreasonable for the Town to view the area surrounding Johnson's as a "walking area". We have actually tried to walk our dogs around there after dropping our car off at Star Pontiac for service. The lights favor traffic over pedestrians and few businesses are close enough for easy walking access (not to mention carrying packages). If the Town were to limit Town Council Meeting of March 11, 2008 Page 7 Rt. 7 to one lane in each direction and to create a pedestrian boulevard down the center of the road, the Town's proposed use might be feasible. 4. The Town's contention that more office space is needed is disproved by the fact that no multistory office building has yet been built on the site previously occupied by the Shabby Chicks. We are still annoyed that the interesting old building had to be razed to apparently no purpose - and loss of tax base. 5. Finally, Chevy Chase Bank would probably build exactly what the town wants (while occupying the first floor) if the Town would guarantee the rental income from all of the offices and condos that the Supervisors want built. If the Supervisors are convinced that their plan is sound, they should be required to provide substantial monetary guarantees. They cannot expect the private sector to take on money losing propositions nor should they prohibit the Sadaks from selling their property". 3. Rachel and Ken Thompson (612 Catesby Court): "My husband and I are away this week, and thus cannot be present for the public hearing having to do with the Chevy Chase Bank's proposed plan to relocate across Market Street by purchasing the land on the current site of Johnson's House of Beef. We strongly support the owners of Johnson's, Buddy and Liz Sadak, who for many months have sought the approval of the Planning Commission to go forward with this. We have reviewed the Chevy Chase perspectives. The traditional brick and column design surrounded by beautiful landscaping would be harmonious with historic Leesburg, and is obviously much more impressive than the present utilitarian structure the bank now occupies. Further, where the planning commission has requested changes in that design based on concerns having to do with parking, window placement, or the nearby Douglass school, Chevy Chase has made every effort to meet those requests. We hear that a main concern regarding this proposal is that Leesburg has too many banks. If Chevy Chase were attempting to enter the business community for the first time, then we could see the argument. That is not the case here: Chevy Chase has been a part of the community for twenty years and merely wishes to improve its image and services by relocating across the street! If the Commission saw the need to put a curb on banks, why didn't it take that action in recent years when the newcomers requested permission to build? The Sadaks are ready to make a change in their lives and simply wish to sell their property. While we understand that private ownership rights must be balanced to some degree against the broader interests of the community, it seems to us that the balance has tipped way too far toward the Planning Commission in terms of their power to interfere with the buying and selling prerogatives of private citizens. If a bordello were proposed rather than a bank, everyone would see the merit of a denial. But, as we understand it, the biggest drawback to approval, once minor concerns have been addressed, is that the Planning Commission wants the property to house a mixed use multi-storied building. Can that just be decreed? Town Council Meetinq of March 11. 2008 Page 8 The unfairness of this situation can best be seen in the stress it has caused the Sadaks. This long drawn out struggle with the town has been very difficult for them. Please take into consideration the fact that they are well-respected members of the business community, and have been generous in their support of our local history and culture. We believe that the arguments against the sale of their property to Chevy Chase are weak and based on a rigid set of assumptions that virtually shuts the door on meaningful dialogue. My husband and I respectfully request that you move this proposal forward in their favor". Dr. Bob Strange: spoke in favor of the Chevy Chase application. Tom Simmons: asked the Council to be pro-business. Don Ashbaugh: 420 West Market Street, spoke in support of the application. Bill Replogle: Stated he helped write the Town Plan and it shows great vision. He stated Chevy Chase is a step in the right direction. Georqe Roberson: stated he has been a CPA here since 1974. He spoke in support of the application. The public hearing closed at 10: 18 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following resolution was proposed: RESOLUTION Approving Special Exception TLSE 2007-0010 Chevy Chase Bank to permit a bank with a two-lane drive through at 401 East Market Street, S.E. Vice Mayor Horne asked that conditions #5 and #6 be changed to reflect a brick wall, rather than a wood fence. The amendment was accepted. Council Member Wright stated that the trademark building does not respect Leesburg. He noted the Planning Commission originally recommended denial. Council Member Reid stated he could appreciate the situation the Sadak's are in. He stated the issue is the number of drive-throughs on East Market Street. He expressed a wish that the artifacts be preserved. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Schmidt and Umstattd Nay: Reid, Wright Vote: 5-2 Town Council Meeting of March 11. 2008 Page 9 H. BAR Appeal Teresa Minchew, Chairman of the Board of Architectural Review, presented Council with a statement on behalf of the Board. She stated that despite the fact that the vote on the Fire Station was not unanimous; the decision of majority is the decision of the Board. Scott Weekstein, 315 Fox Ridge Drive, spoke in support of the BAR's decision. Ian Buchanan, 204 Wild Turkey Way, spoke in support of the BAR's decision stating the proposed fire hall fits the Old and Historic District. Further, he added the Fire Company followed the process. Bill McGovern, 105 Rivanna Terrace, asked the Council to overturn the decision of the BAR. Jimmv Czizmadia, 115 Carlton Street, spoke in support of the BAR's decision. Andrew Durham, 607 Cranwell Place, spoke in support of the BAR's decision. Dwayne Eddie Kappauf, 312 Dry Mill Road, spoke in support of the BAR's decision stating the safety of his family and friends are at risk if the fire station is forced to relocate. Julie Koehler, 101 Meherrin Terrace, asked the Council to overturn the decision of the BAR. Liz Haring, 210 Cornwall Street, asked the Council to overturn the decision of the BAR. Julie Koochagian, 212 Loudoun Street, stated she lives across the street from the existing fire station. She asked the Council to overturn the decision of the BAR. KD Kidder, 214 Loudoun Street, asked the Council to overturn the decision of the BAR. Neil Steinberg, 214 Loudoun Street, speaking for himself and Mill Binkins, asked the Council to overturn the decision of the BAR. Steve Kambly, 241-G Loudoun Street, asked the Council to overturn the decision of the BAR. Richard KoochaQian, 212 Loudoun Street, speaking for himself, Melissa Poole, and Brenda Branscome, asked the Council to overturn the decision of the BAR. Council Member Hammier read the written statement of Miriam Nasuti, former member of the BAR into the record: "I was both disappointed and shocked when I read last week's Leesburg Today article about the most recent status of the Loudoun Street firehouse expansion project. Disappointed when reading that Town Council rescinded their previous vote (I've heard from many people in the last few days, indicating they didn't even know this could be done and what a confusing precedent it sets). Shocked by Mayor Umstattd's comments about three of Town Council Meeting of March 11. 2008 Page 10 the four BAR members alleged 'abuse of discretion' when voting to support it. As a happy and involved citizen of Leesburg, I carefully served the BAR for one year before recently moving on. I'm proud of each question I asked and each vote I cast in every case which came before the BAR during my time served. I was one of the four that voted to move the Loudoun Street firehouse expansion project forward, and let's just say it's my 'woman's intuition' that told me I was one of the three whose vote was being scrutinized. I ran into Mayor Umstattd just after the article ran, and informed her at that time I'd be responding to it. After many hours during work sessions this fall, I feel the firehouse team worked very hard to make suggested changes and stay within the BAR's guidelines and in the end - complied. I say without hesitation that during my time serving the BAR, this was the vote I worked hardest to prepare for. I studied all the materials over and over again. The weekend before the vote I was anxious and walked up and down that section of Loudoun Street making many observations. The day of the vote I went back and onto the church steps across the street to look at the other side related to the scale and massing of existing town home and condo units on either side of the firehouse. While doing so, I ran into the Minister and asked him his thoughts about the project and parking should the firehouse expand. He indicated, without hesitation, the firehouse team had been great to work with and much discussion had taken place about shared parking lots and such. Even though I spoke to the Minister and asked about parking, just because I was curious about that issue too, his comments had no influence what so ever on my final vote. As well both a week before the vote and the week of the vote, I met with two of my former BAR members - one whom I felt was in support of the project and one I felt was against the project. Many aspects were discussed related to the guidelines and in both cases; also, each of them said some things not related to the guidelines, which I found very interesting. Again, I'm a seeker of information, but their comments had no influence what so ever - on my final vote. I took this vote very seriously. My 'yes' vote had everything to do with my interpretation of the BAR's guidelines and nothing to do with the economics of the project. I would never take economics before the historic character and fabric of this amazing town, as was implied in the article. When I joined the BAR, I asked a mentor of mine and a Town representative this: "When I'm up there listening to applicants and a question comes to mind that may not have to do with how I vote, but I am curious none-the-Iess to help me understand the whole picture, is it appropriate to ask that question?" The person almost laughed and noted, "You are a citizen first, Miriam. Of course, ask any question you want to, but do realize those questions and all comments become part of the public record. So, those hearing or reading them might interpret the answers to those questions will or did influence your vote." I appreciated that insight, but determined early on I would still ask any question I felt necessary to the total picture, and did. Perhaps it is the naysayers who felt some comments I may have made or some answers to any questions received throughout this process, influenced my vote in anyone direction. Nothing could be further from the truth. Town Council Meetinq of March 11. 2008 Page 11 Anyone that knows me well would gladly tell you 'not to try and think about what's in my mind at any given moment, because you'd be flat out wrong.' I have to ponder where the naysayers were when it was coming down to the final stretch and members of the BAR were working into the night at work sessions with Firehouse representatives. While they may have been there early on, none of those I know were at the work sessions I attended toward the very end, on this topic. The entire public is invited to work sessions, correct, during which time they can listen in and if approved by BAR Chair, can provide comment at the appropriate time. Wouldn't it have been a better use of time and efforts to be more involved during this time when so many details were being reviewed and discussed before the BAR vote? Or at the least, have come in force to the October BAR meeting when the vote was taken! It's a shame this huge 'after the fact organization of the troops', could present the town with a possible lawsuit, which would be a sad use of everyone's time and efforts, not to mention taxpayer's dollars. In the case of this vote, I will say without hesitation that I did run into Mayor Umstattd at a function and thanked her for appointing me to the BAR and told her how up until that time I enjoyed serving. I informed her I had just voted for the firehouse project. I mentioned how I found it very curious that most of the people who came to speak against the project that night were making suggestions to the firehouse representatives about economics - such as how they should go about raising the money they needed via things of the past like bingo, bake sales and such. I wondered aloud to Kristen, just how much money those 'things' must raise and how I felt the firehouse plan was innovative and forward thinking. However, never once did I say that I considered these economic issues when I voted. I can certainly see how that could be assumed from what I said, however, I was simply sharing an observation about the October BAR meeting, with a woman I admire, during a social event. I can see where that went, good lesson learned. In closing, a few things: I can only think of my father who has gone onto heaven now ten years. I've been missing him so much lately; I think this scenario has something to do with that. He taught me through example so many wonderful things that resonate with me stronger as I get older. Two of them stand out at this time. First is "Miriam, always fully respect history and tradition, but you have to be open to change, new ideas and thinking or you will not survive. Look at the dinosaurs, now extinct and theory says because they could not adapt to change." He also said, "While it may not seem so, your vote counts Mim (his nickname for me). Be sure you rally your troops and vote at every election, especially the local ones." Also, I'm certainly not perfect and feel free to say "Doesn't Miriam have an edge to her," "Isn't Miriam an impatient person," "Miriam drives that golf cart way too fast to be safe" or anything along those, or other lines. But you know what, don't ever question my integrity. This, to me, is absolutely unacceptable and warranted this response. Below is a lovely e-mail I received from Mayor Umstattd in response to my resigning from the BAR: Town Council Meeting of March 11. 2008 Page 12 Dear Miriam: You are a wonderful asset to any cause you take up. Thank-you for serving so diligently. Very sincerely yours, Kristin. I have to ponder though, how could I be 'a wonderful asset who served so diligently' one week, then the next week be one of three BAR members, as indicated at the Council meeting and in the press, who allegedly 'abused our discretion' related to a vote? It appears many of those who are against the current firehouse expansion project feel they know exactly what this town needs to 'build on its existing character.' Perhaps one of those representatives should be appointed to replace me on the BAR, if a BAR should even exist as it seems from this scenario its members are supposed to simply 'rubber stamp' what staff suggests. While I simply adore Annie McDonald, in some instances I interpreted the guidelines differently than she and I felt that was why BAR members are appointed and why I was appointed, because everyone who knows me well, knows I don't beat to anyone's drum but my own - and had always thought that was one of the reasons Kristin appointed me. Enough said." Steve Price, attorney for the appellant, presented a history of the appeal. He noted the appellants feel the BAR acted inappropriately and allowed the financial need of the Fire Company to playa part in their decision on the project. Sally Hankins, attorney for the Fire Company, laid out the Fire Company's rebuttal to the appeal. Council Member Hammier questioned whether the appellant had time to review the rebuttal. Ms. Irby stated that if the Council felt comfortable that the procedure had been followed appropriately and the BAR had not acted contrary to law or arbitrarily and their decision was not an abuse, they should uphold the decision of the BAR. On a motion by Council Member Schmidt, seconded by Council Member Wright, the following was proposed: MOTION The Town Council finds that the Board of Architectural Review's decision to affirm CASE TLHP 2007-0030 was not contrary to law, nor that its decision was arbitrary and constituted an abuse of discretion; and the Council upholds the decision of the BAR on September 17, 2007. Council Member Wright stated the BAR did its job in reviewing the application. Vice Mayor Horne stated this decision was difficult as it makes one side unhappy. She stated she was sorry mediation was unsuccessful. Town Council Meetinq of March 11. 2008 Page 13 Council Member Schmidt stated he appreciated the efforts of the appellants and applicants. He noted the evidence that the BAR acted appropriately was very convincing. Council Member Martinez agreed stating like or dislike the application, the Council has to decide on the legality of the BAR decision. Council Member Hammier stated she had previously voted to rescind based on information that a possible abuse of discretion had occurred. She stated she later found out that no abuse of discretion had occurred. Council Member Reid stated he would respond to all the emails that he received. He noted he was the biggest critic of the BAR process, but felt that they acted quite appropriately in this case. Mayor Umstattd stated she would not support this motion. She stated she still felt there had been an abuse of discretion. The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, and Wright Nay: Mayor Umstattd Vote: 6-1 I. Public Hearing Amending Chapter 10 (Motor Vehicles and Traffic), Division 2, Section 10-171 (c)(3) of the Code of the Town of Leesburg, Virginia 1976 The public hearing was opened at 12:55 a.m., March 12, 2008. Tom Mason stated he had tried to find another way to allow this driveway entrance without removing as many parking spaces, but there is no way around the Virginia Department of Transportation requirements. Council Member Wright confirmed there are no other loading zones that could be removed to replace the removed parking spaces. The public hearing closed at 1 a.m. On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the following resolution was proposed: RESOLUTION Amending Chapter 10 (Motor Vehicles and Traffic), Division 2, Section 10-171 (c)(3) of the Code of the Town of Leesburg, Virginia, 1976, to remove metered parking on the west side of North King Street between 17 North King and Cornwall Street The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meetinq of March 11. 2008 Page 14 J. Legislation ORDINANCES None CONSENT AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following consent items were proposed: 1. RESOLUTION 2008-42 Authorizinng an offer to acquire easement and condemnation if offers are not promptly accepted for South King Street Trail, Phase 1 2. RESOLUTION 2008-43 Awarding the South King Street Trail, Phase 1 construction contract 3. RESOLUTION 2008-44 Authorizing a public hearing on the Drought Response Plan 4. RESOLUTION 2008-45 Authorizing a Contract with Am-Liner East, Inc. pursuant to the Fairfax County Contract 5. RESOLUTION 2008-46 Requesting Enhanced Funding Support from Loudoun County for the Continuation of the Town Practice of Using Leesburg Police Officers as School Resource Officers in the Public Schools located within the Town The resolutions were approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 I REGULAR AGENDA K. New Business (For consideration at tonight's meeting) 1. Morven Meadows Off-Leash Park On a motion by Council Member Martinez, seconded by Mayor Umstattd, the following resolution was proposed: RESOLUTION 2008-47 Officially Directing Staff to Cease All Efforts to Develop an Off-Leash Area for Dogs at the Morven Meadows Park Site and to Officially Remove the Old Waterford Road Trail Project from the Proposed Fiscal Year 2009-2013 Capital Improvements Program Budget Vice Mayor Horne stated she is not opposed to the resolution because it reflects what was discussed at the work session; however, as a matter of principle, she would vote against it because she continues to support the concept of Morven Meadows Park. She read the following remarks into the record: Town Council Meeting of March 11. 2008 Page 15 "I think that we have before us a very generous gift of 28 acres of open space for $1 per year from the Westmoreland Davis Foundation. That is the gesture of a good neighbor. John Gardner has written that the most expensive piece of real estate in this nation is common ground. Morven Meadows is not about a dog park, it is about people. It is about building a community and it is about good neighbors doing what's best for Leesburg as a community. Each of us up here has seen examples of what neighborhoods building a community have done for Leesburg. The neighborhood of Lowenbach working with the Town to open barricades and allow traffic to flow through their neighborhood; the neighbors on Memorial Drive working with INOVA in the building of their new medical office building; the neighborhoods of southwest Leesburg working together to come up with a trail solution that gives pedestrian access to other areas of Town; Mrs. Hoovler in her comments talked about want versus need. What I have heard from the people of Old Waterford Knolls, the neighborhood, is that they want nothing to spoil their view. They want no soccer fields, no lacrosse fields, no kids playing, people enjoying a park and no dogs. But Leesburg needs neighborhoods that recognize that you build a community by being good neighbors and by being open to working together to find solutions for Leesburg's greater good". Council Member Reid offered a friendly amendment under Section I adding the words "and examine the feasibility of a site on Town owned land". The amendment was accepted. Council Member Wright stated he was aware of communications between the Old Waterford Knolls HOA and Town staff existed. He questioned how we go from a $50,000 CIP project with $10,000 in design money to $42,000 on design with no approval from the Council. He stated if the budget for design is $10,000 and it will exceed that, there needs to be a new appropriation. He stated it is important for the public and the community to understand that there is no money to reappropriate. He noted $70,000 was coming from the County or from donations. He stated the Town needs to pursue a partnership with the County and hopefully that money will be forthcoming. Council Member Reid stated his problem with this location is the cost. He stated he is sure we can find a cheaper interim location within the Town park system. Council Member Hammier stated one other component of the resolution that needs focused on is the partnership with the Westmoreland Foundation is that we will stay engaged with them to continue discussions to find out a proper use for this wonderful neighborly gesture. She stated we cannot assume that they just want to have a passive park. She offered this as a friendly amendment. Council Member Martinez stated he would like to expand that to make sure that Westmoreland Davis understands that we really want to engage in a partnership with them. Town Council Meeting of March 11. 2008 Page 16 Council Member Hammier stated we can remove the words "termination of". This amendment was accepted. Vice Mayor Horne stated there had been some serious mischaracterizations of the behavior of staff. She stated that while Council sometimes takes issue with staff actions, in this instance they behaved admirably and with great integrity. She stated she does not appreciate someone standing up before the Council on multiple occasions implying that there was lying going on, misrepresentation, etc. She stated it is wrong and really less than what she would expect. Council Member Hammier stated she supports removing the trail from the CIP and also supports keeping a place holder for a dog park. She stated there really is a demand and desire to capitalize on a trend in parks for a place where people can recreate with their dogs. She stated we cannot set up an interim solution and do it on the cheap. Mayor Umstattd stated staff did the very best job they knew how to do. She stated that neighborhoods have a right to try to protect themselves. She stated it is clear that Old Waterford Knolls felt this would be a fairly significant negative for their community. She stated she did not begrudge them the right to come forward and petition Council for protection. The motion was approved by the following vote: Aye: Hammier, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: Horne Vote: 6-1 2. Immigration Coalition Council Member Reid asked this item be deferred. 3. National Guard Welcome Home Event Mayor Umstattd asked for a motion showing Council support for items discussed at work session including parking, police escort, and a shuttle bus for Guard families, in relation to a homecoming event for Leesburg's National Guard troops. Mr. Wells stated that before any money was spent, he would bring an estimate of cost to Council. Motion to support was made by Vice Mayor Horne, seconded by Council Member Martinez and approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 Mayor Umstattd she met with Tom Sines of the Greenway and the Greenway was willing to open the gates and let the buses carrying the National Guard through at no cost. They are also willing to print up and fly two banners, one on the Greenway and one at the Armory at their expense. Town Council Meeting of March 11. 2008 Paqe 17 She noted the Greenway would be kicking off their charitable giving campaign with more information forthcoming. Council Member Martinez asked for a thank you letter to the Greenway. K. BOARDS AND COMMISSIONS 1. Airport Commission No report. 2. Thomas Balch Library Commission No report. 3. Board of Architectural Review No report. 4. Cable Television Advisory Commission Council Member Hammier stated she would be out of town for the next meeting of the Cable Commission and the next meeting of the EAC. 5. Commission on Public Art No report. 6. Economic Development Commission No report. 7. Environmental Advisory Commission No report 8. Information Technology Commission No report. 9. Parks and Recreation Commission No report. 10. Planning Commission No report. 11. Tree Commission No report. 12. Standing Residential Traffic Committee Council Member Reid noted he would not be able to attend either the SRTC meeting or the BAR meeting for the coming week. He asked that another Council Member attend the meetings for him. K. COUNCIL COMMENTS Council Member Wright disclosed he attended an event at the Hospital. He disclosed a meeting with Waterford regarding their projects and Petersen Companies regarding inclusion in the annexation area. He stated he would miss the Planning Commission meeting due to travel. He wished everyone a nice spring break. Town Council Meetinq of March 11. 2008 Page 18 Council Member Reid disclosed meetings with Neil Steinberg and Richard Koochagian and a phone call from Sally Hankins on the Fire House issue. He also disclosed calls from Liz Sadak regarding Chevy Chase Bank. He congratulated the Odessey of the Mind teams from Cool Spring Elementary School and Harper Park Middle School for their recent wins in championship competition. He noted they would be going to the State Championships on AprilS at Parkview High School. Council Member Hammier disclosed calls from Sally Gillette, meetings with Richard Koochagian and Neil Steinberg, and Miriam Nasuti. She congratulated the Mayor on receiving her black belt. She reminded everyone of the Business Incubator follow-up meeting with George Mason University on 3/14. She stated she had approached the County about taking over Balch Library and they would be delighted. She noted this would extend both the benefits and cost of the Balch Library to a greater number of people. She thanked Council Member Reid for attending the County EDC meeting in her absence. She asked for a water analysis of the cost of water for Town facilities. Council Member Martinez disclosed a call with Sally Gillette Hankins about the BAR appeal and a meeting with Jeff Sachs of Petersen Companies. He wished everyone a good spring break. Vice Mayor Horne stated she was not able to attend the recent airport meeting because of the budget work session. She stated she had arranged a meeting with Jim Bennett and Mike O'Reilly and Dennis Boykin so they could have a conversation about Dulles' growth initiatives and how Leesburg can playa part as a reliever airport. She asked for a letter of appreciation for all of Joe May's efforts to get the Dominion transmission lines buried. She noted the Keep Leesburg Beautiful campaign would kick off on April 12 on the Town Green, just before the Dedication of the Virginia Tech memorial. She stated she had scheduled a meeting with all of her commissioners. She asked for follow-up on the GMU Business Incubator. She also asked for follow-up on Proctor Harvey's green space program. She disclosed a meeting with Neil Steinberg and Richard Koochagian. Council Member Schmidt disclosed a meeting with Neil Steinberg and Richard Koochagian on the Fire House. He disclosed a phone conversation with Mrs. Sadak about the Chevy Chase application. He reminded everyone the Balch Library Commission would be meeting tonight at 7 p.m. N. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with Richard Koochagian on the Fire House expansion. She disclosed a meeting with Liz and Buddy Sadak on the Chevy Chase issue. She stated she attended a neighborhood reception at INOVA hosted by INOVA. She stated she had been asked to let everyone know that the public is cordially invited on Saturday, March 15 from 5-7 p.m. at the Leesburg Senior Center at 215 Depot Court, S.E., to a forum hosted by the Loudoun County NAACP on Race Relations - Have Things Changed. She noted this is moderated by Wendell Fisher, former at-large Loudoun County School Board member. She stated the kids at Heritage High School did an excellent performance of Mulan. o. MANAGER'S COMMENTS Mr. Wells stated he had no comments. Town Council Meeting of March 11. 2008 Page 19 P. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting was adjourned at 1:34 a.m., March 12, 2008. 2008_ TCMIN0311