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HomeMy Public PortalAbout2008_10_15 COUNCIL MEETING October 15, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Ken Reid (arrived at 9: 15 p.m.), Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: None Staff Present: Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Senior Engineer Anne Geiger, Economic Development Manager Marantha Edwards, Balch Library Director Alexandra Gressitt, Director of Planning and Zoning Susan Berry-Hill, Deputy Director of Planning and Zoning Brian Boucher, Planner Chris Murphy, Management Specialist Debi Parry and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag was led by Council Member Butler 3. Invocation was lead by Mayor Umstattd 4. Roll Call showing Council Member Reid arriving at 9: 15 p.m. 5. Minutes a. Regular Session Minutes of September 23, 2008 On a motion by Council Member Butler, seconded by Council Member Martinez, the minutes were passed 6-0-1 (Reid absent) 6. Presentations a. Resolution of Respect - Robert Lee Spinks. On a motion by Council Member Wright, seconded by Mayor Umstattd, the following Resolution of Respect was approved by a 6-0-1 vote (Reid absent): RESOLUTION OF RESPECT Robert Lee Spinks WHEREAS, Robert Lee Spinks, resident of the Town of Leesburg, died Wednesday, September 24, 2008, at the age of 78; and WHEREAS, Mr. Spinks was a lifelong resident of Loudoun County WHEREAS, Mr. Spinks bravely and selflessly served his country in the United States Army during the Korean War; and WHEREAS, Mr. Spinks retired after many years as a Service Man with the Northern Virginia Electric Company; and Town Council Meeting of October 15, 2008 Paqe 2 WHEREAS, Mr. Spinks was an active member and Trustee for Mount Pleasant UMC in Taylorstown; and WHEREAS, Mr. Spinks was a valued member of the Leesburg community and a past member of the Leesburg Volunteer Fire Department. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy and respect to the Spinks family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his family. PASSED this 15th day of October 2008. b. National Archives Month On a motion by Council Member Martinez, seconded by Council Member Wright, the following resolution proclaiming National Archives Month was approved by a vote of 6-0-1 (Reid absent). PROCLAMA TION American Archives Month October 2008 WHEREAS, our town's future is shaped by the shared experiences of its citizens, both past and present; and WHEREAS, much of our community's rich and diverse heritage is contained in the documents and records created by and for its people; and WHEREAS, state and local governments, religious and medical institutions, colleges and universities, libraries, historical societies, museums, businesses, and families throughout the Commonwealth of Virginia have established archives as a means of preserving our written history; and WHEREAS, these archives collectively contain over 400 years of unique materials, ranging from hand-written letters and diaries to typewritten manuscripts, photographs, videotapes, and modern electronic data systems; and WHEREAS, archivists and manuscript curators in Virginia are dedicated to responsibly preserving the historical word, maintaining records in the public trust, and making those records available for study and appreciation whether in a local repository or via the Internet; and WHEREAS, archives are a key player in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide; and WHEREAS through these archives, future generations can more accurately study the past, learn from the accomplishments of their Town Council Meeting of October 15, 2008 Paqe 3 predecessors, trace their ancestors, understand their community's pride of place, confirm property rights, and maintain laws, while celebrating the history of our state and local community. NOW, THEREFORE, be it proclaimed by the Council of the Town of Leesburg in Virginia that October 2008 is American Archives Month in the Town of Leesburg. We encourage all residents of Leesburg, Virginia, in this the year of our 250th anniversary, to visit Thomas Balch Library to take advantage of the unique archival resources available there and to thank the archivists and archival workers for making information accessible to all who walk through the repository's doors. PROCLAIMED this 15th day of October, 2008. c. National Breast Cancer Awareness Month On a motion by Vice Mayor Hammier, seconded by Council Member Martinez, the following resolution proclaiming National Breast Cancer Awareness Month was approved by a vote of 6-0-1 (Reid absent): PROCLAMATION NA TIONAL BREAST CANCER A WARENESS MONTH OCTOBER 2008 WHEREAS, The National Breast Cancer Awareness Month program began as a weeklong campaign in 1985; and WHEREAS, since its inception, National Breast Cancer Awareness Month has become a month long international campaign dedicated to increasing awareness about the importance of the early detection of breast cancer; and WHEREAS, National Breast Cancer Awareness Month also provides us with the opportunity to honor those currently battling this disease, all who have survived the fight against breast cancer, and all of those who heroically fought and lost their battle against this disease; and WHEREAS, during the month of October the Leesburg Downtown Business Association will again "Paint the Town Pink" in an effort to increase awareness and promote education efforts to prevent breast cancer. THEREFORE, the Mayor and Town Council of the Town of Leesburg, in Virginia hereby proclaim the month of October as "National Breast Cancer Awareness Month" in the Town of Leesburg and encourage the citizens of Leesburg join in supporting the fight against breast cancer. PROCLAIMED this 15th day of October 2008. d. Economic Development Commission Update Ara Bagdasarian gave a brief presentation to Council on what the Economic Development Commission is doing, the projects they are working Town Council Meeting of October 15, 2008 Page 4 on and the overall direction of the Commission. He stated they are working to increase the economic vitality of the Town and make this the best place to do business. He noted there is a great crew on board with staff and business owners. Mr. Bagdasarian stated one of the highlights of the past year has been the development of the Economic Development Commission map. He stated it lays out a really simple platform of what the EDC efforts have focused on. He stated the business process improvements, the performing arts feasibility study, and the Downtown Improvement Association were results of key recommendations from interviews with project owners. He also stated that collaboration with the Loudoun County EDC is working and there are a number of projects being developed with them. He stated the highlight of all the efforts is being recognized by a national publication as being one of the best places to live and launch. He stated we have twice as much office space as we did before and it is geared towards the small business owner. Mayor Umstattd noted that the small business owner is what Leesburg's economy is based upon. Mr. Bagdasarian also stated the retail side has seen an increase in shopping centers showing a more proactive approach to attracting new businesses. He stated the next step in the plan is to follow through on the implementation including a secret shopper application. He stated the next component will be to create a destination for arts, entertainment and dining. He noted the George Mason University Task Force can have a significant impact on the Town. Council Member Dunn questioned what the EDC is doing to bring the various downtown groups together. Mr. Bagdasarian stated they have held several meetings to determine what sort of structure they will have. He stated all the groups have committed to work together. Council Member Dunn stated Leesburg needs its own Chamber of Commerce, or at least an arm of the Loudoun County Chamber of Commerce. He stated we have come from being an R&D group and moved to the marketing side, looking at how we can position Leesburg. He stated this is an opportunity to show how Leesburg can take a project from soup to nuts. He stated he would be willing to lead on the George Mason University project. Vice Mayor Hammier stated a key point of the update from the financial advisors is Leesburg's great credit rating. She stated Charlottesville has a higher credit rating because of the university anchor. She requested the EDC give a recommendation on a park versus a building at the Loudoun Street entrance to the parking garage. Council Member Martinez thanked Mr. Bagdasarian for his presentation and stated he appreciates the EDC doing what is best for the Town. Town Council Meetinq of October 15, 2008 Paqe 5 Council Member Wright questioned what the end result of the incubator study is anticipated to be. Mr. Bagdasarian stated there are many different types of incubators. He stated the Town needs to determine what the best format is to benefit the Town. He stated GMU has a world renown incubator system called the Enterprise System, which will help direct what to do next. Council Member Wright questioned whether there would be controls in authority to help this operate in consistent manner. Mr. Bagdasarian stated that is the point of the discussions. Council Member Butler congratulated the EDC on the progress that they are making. He applauding the tracking process which educates the Council and the public and serves to increase morale of the community and the Commission. 7. PETITIONERS The Petitioners section was opened at 8: 12 p.m. Jovce Bisecker, stated she is president of the Ladies Board of INOVA Loudoun Hospital. She stated they are aware the Town Council has no say in the decision making process on where the HCA Broadlands Medical Facility will be built, but the people of Leesburg expect the Council to look out for their interests. She stated if HCA builds its facility in Broadlands, it will create a financial loss for INOVA Loudoun, which may cause some closings, particularly of the Cornwall Street Campus. She stated the Council has considerable influence with the people who will make the decision. Betty Lowenbach, thanked Council for recognizing October as Breast Cancer Awareness Month noting that she is a survivor. She stated she is very concerned about the effect a new hospital at Broadlands will have on INOVA Cornwall Campus. She stated the proximity of the two facilities will cause the financial impact to be felt in Leesburg. She stated we may lose the free services INOVA provides for the community like the Free Clinic. She asked the Council to pass a unanimous resolution stating the new facility should not be located in Broadlands and to transmit this resolution to the County Planning Commission and Board of Supervisors. Barbara Gardner, stated she is a resident of Western Loudoun, but a business owner in Leesburg. She stated she is looking at this from an emergency preparedness standpoint. She stated that it does not make sense to have two major health care facilities in the same area. She asked the Council to stand strong with the Mayors of Purcellville and several other western Loudoun towns and request the hospital be located along Rt. 50. Eileen Eronsberger, stated she is in sticker shock over her water bill. She stated she moved from Lansdowne to River Creek. She stated if she knew the water bill would be so high, she would not have moved to River Creek. She stated high water rates could cause the property values to fall. Town Council Meeting of October 15, 2008 Paqe 6 Michael Kavanqh, M.D.. stated when medical services are centralized, the services can be improved and expanded. He stated the Broadlands facility is a direct threat to the Cornwall Campus. He stated the Cornwall Campus can become a great medical delivery system if it is allowed to do so. John Koh, M.D., described the past history of medical service delivery in Leesburg. He stated the Cornwall Campus has come a long way, now even offering cardiac services. He urged the Council to support the Broadlands medical center being located along Rt. 50. Rich Stallard, stated he is in favor of the Market Square application as proposed by the developer. He suggested the hospital team up with GMU. Mayor Umstattd stated she believes they have already entered into discussions on a synergistic relationship. Judy Kozacik, stated the Park Committee is still active. She stated they have raised $15,000. Joe Newcomer, asked Council to keep an open mind about the Market Square at Potomac Station applications. He stated it makes common sense. Brenda Gill, encouraged the Council to pass the rezoning for the Market Square property. Jack Oden, 714 Aurora Court, stated he does not want to look at the back of a strip mall. He stated he wants a high quality area that looks good from all sides and provides services to his family and neighbors. Richard Kim, stated he opposes the Market Square project. He stated he lives immediately behind this piece of land. He stated the HOA has not been representative of the entire community and has been remiss in informing the residents neighboring the project. Paul Van Tuyle, stated he has issues with this project. He stated he backs to this project, so he is deeply affected by it. He stated he is not thrilled with the height. He stated the original rezoning allowed 115,000 square feet of business space. He stated this rezoning is taking business away from the town and adding more houses. Chris Markeson, stated he supports the Market Square rezoning. He stated he does not want any more strip malls. He stated this project will be a benefit for the community. Colleen Gillis Snow, gave some facts about the HCA Broadlands proposal. She stated the INOVA group purchased the Loudoun Medical Center after the certificate of need had been approved by the state, so they were well aware of the financial impacts of this planned hospital. The Petitioners section was closed at 9:00 p.m. 8. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS) Town Council Meeting of October 15, 2008 Page 7 On a motion by Council Member Butler, seconded by Council Member Martinez, the meeting agenda was approved and Item 9c was deferred. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Butler, seconded by Council Member Martinez, the following items were proposed on the Consent Agenda: a. Accepting Public Improvements, Releasing the Performance Guarantees, and Approvinq Maintenance Guarantees for Public Improvements at Potomac Station Phase 3, Section 10: and Section 10, Public Improvements RESOLUTION Accepting Public Improvements, Releasing the Performance Guarantees, and Approving Maintenance Guarantees for Public Improvements at Potomac Station Phase 3, Section 10; and Section 10, Public Improvements b. Approving the Third Amended Sales Contract for the Rehau Property RESOLUTION Approving the Third Amended Sales Contract for the Rehau Property The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Reid absent) 10. PUBLIC HEARINGS None 11. ORDINANCES a. Rezoning TLZM 2006-0011 Market Square at Potomac Station - Amending the Concept Plan and Proffers Chris Murphy gave Council an update on changes to the application as a result of the public hearing. Mr. Murphy stated the escalator clause has been re-added, but only tied to the AADP density fees and the Fire and Rescue contribution. He stated a one-time lump sum transportation contribution of $100,000 is being proffered as well. Mr. Murphy noted staff still would like to see more specificity in the design guidelines. Council Member Wright questioned the note regarding phasing of the parking garage construction. Brian Boucher stated there is an actual phasing plan in the proffers, but the note is meant to clarify things. He stated they will provide surface parking in the area ultimately designated as a parking garage until it is financially feasible to construct the second parking garage. Mr. Murphy gave a presentation on changes to the bank application. David Ritchie, Clark Realty, stated they removed a space from the stacking lanes to allow the drive through to be pushed further away from the Town Council Meeting of October 15, 2008 Page 8 residential uses and closer to Potomac Station Drive. Mr. Ritchie also stated they reduced the size of the parking spaces by one foot each, which allowed the same number of spaces, but covering less surface area. These changes allowed a larger landscaping buffer between the neighboring residential uses and the bank. He stated they revised the photometric designs for the lighting creating a new design that shows zero light spillover off the property. Mr. Murphy stated staff felt an additional stacking space could be removed. Mr. Ritchie apologized for what he characterized as a miscommunication between his team and his company's legal team which resulted in a letter to the Town Attorney. He reminded the Council that the entire project does not work from a financial standpoint without the bank approval. Mr. Ritchie reiterated the key proffer changes Clark Realty is making. He stated they have included an escalator for the AADP fees and the Fire and Rescue Contribution. He stated they adjusted the traffic signal proffer to trigger when warranted by the Virginia Department of Transportation (VDOT) and added a $100,000 transportation contribution. He stated they eliminated pole mounted lighting on the parking structures as requested by the Planning Commission and included, what in their minds, was a clarification of phasing language. He stated this phasing may be necessary due to economic realities. He stated the Town would still get the commercial and residential recreational amenities in the first phase. He stated Clark Realty has gone through enormous effort to provide a tremendous amount of design detail in the building elevations. Vice Mayor Hammier questioned why there isn't a commitment to the design guidelines. Mr. Boucher stated there are proffered designs on the main buildings, so you have a good idea what they will look like. He stated staff is concerned with the appearance of the plaza buildings because the language leaves a lot up to interpretation. Mr. Ritchie stated some flexibility is needed for those buildings in case certain tenants have design requirements. He stated they feel they have gone the extra mile to ensure a good quality project. Council Member Dunn questioned whether individual buildings have been earmarked for restaurants and whether they would be considered pad sites. Mr. Murphy stated only one building (A) is earmarked as a restaurant. He stated there are two options, one for a single building and one for two smaller buildings. He stated other restaurant space can be spread throughout the remainder of the development. He stated this is better than your typical suburban pad site, but could still be considered a pad site. Town Council Meeting of October 15, 2008 Page 9 Council Member Dunn questioned why the allowable commercial square footage and the Town Plan are at odds for this site. He questioned the breakdown of businesses in the commercial part of the project. Mr. Murphy stated the Town Plan is a 20 year view. He confirmed there could be as few as four tenants for the commercial space. Council Member Dunn questioned Clark's concern over existing proffers that had been fulfilled. Mr. Ritchey stated the existing entitlements for the strip retail plan have proffered road improvements associated with them. He stated they went ahead and built those road improvements five years in advance of when they would be required. He stated they satisfied the requirements for the big box/strip mall plan. He stated they calculate there are already $1.6 million in transportation improvements already completed in association with this property. Mr. Boucher stated they are applying these proffer values to things they have already gotten. He stated there are unfunded road improvements adjacent to the property. He noted they are battling here to get the signal put back into the plan. Council Member Dunn questioned how much $100,000 of transportation improvements would buy. Mr. Boucher stated it would not pay for an entire signal. Council Member Wright stated he is confused about the objections to the design guidelines. He stated the buildings that don't have proffered elevations must complement the facades that have been approved. Mr. Boucher stated staff objects to the language allowing anyone of a combination of at least a dozen materials. He also noted there is no guarantee that Clark will build this project out. He stated it would be better to have a firm idea of what can and can't be used. Council Member Wright questioned the objection to the note on the plans regarding phasing. Mr. Boucher stated the concept plan shows the buildings and it is pretty logical that the parking garages go with the buildings. He stated if Council will allow the phasing, they should require the language in the proffers. Mr. Ritchie stated they are not asking Council for a change of use. He stated they voluntarily incorporated the design guidelines. Council Member Butler asked if Clark Realty would be willing to change the note so the garage is built at the same time. Mr. Ritchie stated he would like to have the flexibility to surface park if needed as an interim condition. Town Council Meetinq of October 15, 2008 Paqe 10 Council Member Butler questioned whether a four way stop could be integrated into the intersection with the remainder of funds provided to the Town in cash. Mr. Ritchie stated they have tried to incorporate as many of the Council's suggestions as possible, but the signalized intersection is tied to obligations they have with the adjacent property owner to the south. Council Member Butler noted there are five conditions on the bank special exception. He noted they have been in place since the Planning Commission approval, but now there is some resistance to three of them. Mr. Ritchie apologized for the letter from the attorneys. He stated it was a miscommunication. He stated there were concerns over what was proposed as conditions to the approval that might not be consistent with the lease terms with BB&T. Dick Prosser, BB&T Bank, stated his organization is fighting through this financial crisis like everyone else. He stated they are looking forward to this project and have managed to generate and submit a photometric plan that would create a zero footcandle at the property line. He stated relative to the security lighting, typically when the branches close down for the night, the parking lot lights will dim and the only lights on would be around the ATM. He stated because of the location of the ATM, most of the light spillover will be towards the entrance of the property. He stated because of the way the drive in is situated, the speaker for the intercom system will aim the sound away from the residential units. He stated they plan to fully test the equipment to make sure the decibel level is minimal. Council Member Butler noted with this information, there is no objection to Condition #3. Mr. Ritchie stated the second sentence of Condition #3 can be deleted and inserted with Mr. Prosser's statement. Mr. Boucher stated the request to further reduce stacking spaces to give more buffer will not actually result in any additional buffer space. Council Member Reid stated he is concerned that some of the trees may not be able to be planted as shown or may not survive. He stated he is concerned the trees will not survive and will be of insufficient height. Mr. Murphy stated the guidelines from the wall manufacturer may not allow the plantings as shown. He stated specifications as to the height of the plantings are needed as well. Mr. Bill Fissel, engineer for the applicant, stated the type of wall shown is a segmented wall, which may not allow the trees to be planted as shown, but many other types of wall can be used. Council Member Reid reiterated his concern for the survival of the trees. Town Council Meeting of October 15, 2008 Page 11 Mayor Umstattd recommended voting on the Special Exception prior to the Rezoning because if the Special Exception fails, there is no reason to go forward. Vice Mayor Hammier stated this points out the fact that this is not an integrated part of the rezoning application; it points to key things the Council needs to keep in mind in making a decision about this bank including the detrimental effect on the neighbors. She stated this is a suburban pad site, but we want to achieve a mixed use center and approval of this would be a significant failure in what we are trying to achieve. Council Member Wright stated the design guidelines in the proffers do not apply to the bank because the bank has designs. He stated the design guidelines Ms. Irby is referring to relate to the office parcel. Vice Mayor Hammier noted the Meeting Agenda had been adopted. Council Member Martinez made a motion to amend the agenda to allow the bank special exception to go before the rezoning. The motion was seconded by Council Member Butler. The motion failed without a supermajority by the following vote: Aye: Butler, Martinez, Wright, and Mayor Umstattd Nay: Hammier, Dunn, and Reid Vice Mayor Hammier made a motion to deny Rezoning TLZM 2006- 0011, which was seconded by Council Member Dunn. Vice Mayor Hammier thanked the applicant for their time and effort. She disclosed bumping into Randy Minchew. She stated this application shows changes that are detrimental and don't adhere to the spirit of what the Town is trying to achieve. She pointed out this is an apartment complex with rental units. She stated while some of the consumer price index escalator factors were put back in, not all of them were. She stated there should be additional impacts considered, particularly from a police standpoint. She stated more significantly, when she looks at the real dollars that will be out of pocket expenses for the taxpayers. Council Member Dunn stated this project is an improvement over a strip mall, but the Town can do better. He stated there are better options for grid-planned mixed use projects. He stated according to the Town Plan, we are looking for a grid network for this site. He stated it is very difficult to consider this bank a walkable part of the project. He stated bringing the bank closer to the sidewalk is better. He noted the project blocks off portions of the gathering spaces with the buildings themselves. He stated there are a number of points in the Town Plan that are not being met by this project. He stated the Town Plan is how we should be weighing this. He stated he is concerned by the small number of businesses that could be located here. He stated he is concerned by 320 new homes with potential students. Along with the already approved homes at PMW Farms, there are enough units to require an additional school. He stated originally many of the neighboring residents were adamantly opposed to the project and congratulated the applicant on working out many of the issues with the neighbors. He stated while there are Town Council Meeting of October 15, 2008 Paqe 12 offices there, there is nothing saying those will be offices in ten years. He stated there are no guarantees the upscale restaurants will be upscale restaurants because the market decides that. He stated this comes down to whether you want to base this on the Town Plan and this project does not meet the Town Plan. Council Member Wright stated many times we have applicants come in and talk about by-right options. He stated that many times the by-right option is not feasible, but this time it is. He stated we need to decide what we do and do not want. He stated he agrees the Town Plan is an important consideration, but the Town Plan calls for less big box retail in this part of Town. He stated a strip mall in this area would be less appropriate than the bank on this site. He stated this is not a perfect application, but it adds up to an added value to the Town over the by-right use. Vice Mayor Hammier stated her biggest concern with regards to Council Member Wright's comments is that we will have enormous additional costs from a school system perspective that will be permanent and long lasting. She stated there will also be additional people commuting down Route 7, which are detrimental impacts on the community and Loudoun County. Council Member Dunn stated the County penalizes us for the increased density, using the example of PMW Farms. He stated it is amazing that some of the same people who came out against increased density outside out Town limits are supporting increased density within the Town limits. Mayor Umstattd stated she shares the concerns about more residential units in this area. She stated when this property was brought into the Town in the late 1980s, it was planned for keynote employment. Then the Harper Park rezoning made it into a largely residential community. She stated the Festival Lakes rezoning was a disappointment to her because the school system plans to put those children at Catoctin Elementary. She stated now these additional 320 units will go to Catoctin Elementary. She stated despite the school system's position that there is additional room at Catoctin Elementary, there is not room for an additional desk in any classroom at Catoctin Elementary and they are not planning to expand the size of the school. She stated she appreciates all the time Mr. Ritchie has put into this project and the project is aesthetically pleasing. She stated the proffers that were front loaded for the Harper Park rezoning were based on no more residential units, but this is a substantial increase in residential units from the base approved in the original rezoning. She stated theoretically we should be looking for much larger transportation proffers than we are seeing here. Council Member Reid stated in the PMW Farms rezoning the Town gave away $4.7 million in proffer money for a new school site in Leesburg. He stated this application adds another million. He stated these two projects combined would have been enough to purchase another school site. He stated the real problem with both these applications is there is not enough money for education and transportation. The motion failed by the following vote: Aye: Dunn, Hammier, and Mayor Umstattd Town Council Meeting of October 15, 2008 Page 13 Nay: Butler, Martinez, Reid, Wright Vote: 3-4 On a motion by Council Member Martinez, seconded by Council Member Reid, the following was proposed: ORDINANCE 2008-0-24 Approving Concept Plan and Proffer Amendment TLZM 2006-0011, Market Square at Potomac Station, amending ZM-154 to Permit a Mixed Use Development Consisting of a Minimum of 35,000 to a Maximum of 44,000 Square Feet of Non-Residential Uses and Up to 320 Multi-Family Dwelling Units on Parcel A of the Potomac Station Commercial Center at Potomac Station Drive and Battlefield Parkway, NE Council Member Wright made a motion to table this consideration until after the Special Exception is voted upon. Council Member Butler seconded the motion. Motion to table failed by the following vote: Aye: Butler, Martinez, and Wright Nay: Dunn, Hammier, Reid, and Mayor Umstattd Vote: 3-4 Motion to approve the rezoning was approved by the following vote: Aye: Butler, Martinez, Reid, and Wright Nay: Dunn, Hammier and Mayor Umstattd Vote: 4-3 12. RESOLUTIONS a. Authorizinq Easement Condemnation if Offer is not Accepted for N. Kinq Street Drainage On a motion by Council Member Martinez, seconded by Council Member Wright, the following was proposed: RESOLUTION 2008-151 Declaring that a Public Necessity and Use Exist, authorizing an offer to acquire a permanent easement from PIN 230-18-3564 for the North King Street Drainage Improvements Project, and Authorizing Condemnation if the Offer is not Promptly Accepted The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 b. Special Exception TLSE 2007-0003 Market Square at Potomac Station - Bank with Drive Through On a motion by Council Member Martinez, seconded by Council Member Wright, the following was proposed: RESOLUTION 2008-152 Town Council Meeting of October 15, 2008 Page 14 Approving Special Exception TLSE 2007-0003, Market Square at Potomac Station Bank Drive-through Located on Potomac Station Mixed-Use Parcel A on Potomac Station Drive, NE Council Member Wright offered a friendly amendment to delete Condition #5 as discussed. Council Member Martinez accepted this amendment. Council Member Dunn stated this does not fit into the Town Plan. Vice Mayor Hammier stated she understands the significant detrimental impact on the neighbors. Council Member Dunn stated the trade off of $100,000, which does not even buy a traffic light, is a fair balance to the impact this will have on this community. Council Member Butler stated while the bank is a pad site, which is not particularly what we are looking for in the Town Plan, based on the curb cuts across the street, there was no way the Planning Commission could figure out how to integrate this bank. Council Member Dunn noted the Town Plan also specifies buildings should be at least two stories and this structure will only be one story. Council Member Reid asked to make an amendment to increase the height of the retaining wall if the applicant agrees. Mr. Ritchie stated they would be willing to consider a six foot screen wall. Council Member Wright confirmed the fence is on top of the retaining wall. He stated he does not accept this as a friendly amendment. Vice Mayor Hammier seconded the amendment to add an eight foot screening wall on top of the wall. This amendment passed by the following vote: Aye: Reid, Hammier, Butler, Martinez, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn abstaining) Council Member Reid stated he is very concerned about approving another bank in the Town. He stated given the applicant's willingness to provide a higher wall and his hopes the site plan process will rectify the tree situation made him willing to support this. He stated in the next 60 days or so, there may be a lot of banks with drive throughs for rent. He stated he hopes the community will keep on the applicant during the site plan process to make sure this meets their needs. Council Member Dunn stated these banks are turning Leesburg into three dimensional billboards for banks. He stated a vote for this project is a Town Council Meeting of October 15, 2008 Page 15 clear vote for increased density in Leesburg and Loudoun County and a clear vote for a very liberal interpretation of the Town Plan. Vice Mayor Hammier noted this is the enabling vote for increased density. She stated those who support it should be keep that in mind when dealing with the Board of Supervisors with regards to the impacts of additional residential density. The motion to approve the special exception was approved by the following vote: Aye: Butler, Martinez, Reid, and Wright Nay: Dunn, Hammier and Mayor Umstattd Vote: 4-3 c. Adoptinq the 2009 Leqislative Agenda for the Town of Leesburg On a motion by Council Member Martinez, seconded by Council Member Wright, the following was proposed: MOTION Adopting the 2009 Legislative Agenda for the Town of Leesburg Debi Parry stated a copy of the email from George Mason University (GMU) requesting additional language has been provided. Council Member Wright stated he is happy about amending item #3 to add the language from GMU. He stated the goal is to keep this streamlined and realistic. He stated we need to reserve a line to deal with the impacts of the power lines being brought through our neighborhoods. He stated an item that needs to be discussed with the legislators is the responsiveness of the Virginia Department of Transportation. He stated we are still trying to get an answer about diamond interchanges and photo red lights. Council Member Dunn stated he would like #4 to say "in Leesburg". This amendment was accepted. He stated on #7, he is unclear what we are taxing. Council Member Wright stated this is the equivalent to Business and Professional License tax (BPOL). Council Member Dunn verified that it is a tax on the landlord/property owner who rents out his property as a business. He stated he cannot support this. Council Member Dunn made a motion to remove #7 from the Legislative Agenda. The motion was seconded by Vice Mayor Hammier. The motion to remove #7 failed by the following vote: Aye: Dunn, Hammier, and Martinez Nay: Butler, Wright, Reid, and Mayor Umstattd Vote: 3-4 Vice Mayor Hammier noted that #8 and #9 are the same. She stated we need to add "strongly" oppose to #8, and move this up to become #4. Town Council Meeting of October 15, 2008 Page 16 Vice Mayor Hammier made a motion to add "strongly" and move #8 to #4. This was seconded by Council Member Reid. The motion to add "strongly" was approved by the following vote: Aye: Dunn, Hammier, Reid, and Mayor Umstattd Nay: Butler, Martinez, and Wright Vote: 4-3 Vice Mayor Hammier asked this item be made #4. Council took this as a housekeeping change. Council Member Butler clarified that #8 and #9 are one item. He stated he is not comfortable with the speed camera item. He stated it is adding to the authority of electronic surveillance of citizens. He stated he is not comfortable encouraging Richmond to do this. Council Member Butler made a motion to strike old #4. Council Member Martinez seconded the motion to strike the speed camera item. The motion failed on the following vote: Aye: Butler and Martinez Nay: Dunn, Hammier, Reid, Wright and Mayor Umstattd Council Member Reid stated there should be more flexibility for the Town to adjust speed limits up or down in areas zoned residential. Council Member Reid made a motion that this be added to the agenda. Council Member Butler seconded. He stated on the flexibility to set the speed limit on residential streets where no residences actually front the street would be helpful. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 The motion to approve the entire Legislative Packet as discussed was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 d. Authorizing a Design Contract Chanqe Order for the S. Kinq Street Trail. Phase I On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed: RESOLUTION 2008-153 Approving a Design Change Order for the South King Street Trail, Phase I Town Council Meeting of October 15, 2008 Page 17 The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 e. Amending Resolution 2008-146 Establishing a Standinq Residential Traffic Committee to include a Councilmanic Representative Council Member Wright stated this item is not necessary. Council Member Wright made a motion to withdraw this from the agenda. The motion was seconded by Council Member Martinez. Motion to withdraw this item from the agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 f. Endorsing Town Participation in the Dodona Manor Veteran's Day Commemoration On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the following was proposed: RESOLUTION 2008-154 Endorsing Town Participation in the Dodona Manor Veteran's Day Commemoration Council Member Dunn questioned why this has to be raised up to resolution level by the Council. Mayor Umstattd stated it would be nice to have a cooperative effort by the Town to support this effort. Jeanette Irby stated the Town Manager is given authority by Council, but when it involves Town personnel in a manner not directed under the Charter or Code, it requires resolution. g. Standing Residential Traffic Committee Recommendation Reqarding Crosswalk Signs On a motion by Council Member Dunn, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2008-155 Endorsing the Approval by the Standing Residential Traffic Committee of the Trail Usage of "Yield to Pedestrian" Signs Installed in Roadway Centerlines at Specific Pedestrian Crosswalks Council Member Dunn stated this originally started as a recommendation by the Downtown Business Association requesting signs be placed at certain intersections to help with pedestrian safety. He stated he would like, at a minimum, to add two more signs at Wirt and Market, Wirt at Loudoun, and King at Cornwall. Town Council Meeting of October 15, 2008 Paqe 18 Council Member Martinez agreed to add these three sites to the resolution. Council Member Wright verified that these intersections would not be allowed because they would interfere with traffic. Mr. Mason stated they cannot be placed at intersections because of the turning radius of delivery trucks. He stated the only acceptable spots would be where there are straight through movements. He stated this is a nationwide standard that Virginia has adopted. He stated if we chose not to follow the National standard, then the Town is not legally protected. Council Member Martinez stated he would only add those three intersections per staff recommendations. He withdrew his friendly amendment approval. Council Member Dunn made a motion to amend the resolution to add the three additional intersections. This motion was seconded by Council Member Reid. The motion failed by the following vote: Aye: Dunn and Reid Nay: Hammier, Martinez, Butler, Wright, and Mayor Umstattd Vote: 2-5 Council Member Wright stated these signs are a distraction and need to be regularly replaced. He stated the challenge to putting these at crosswalks for the bike trail is they cause confusion for walkers, runners, bicyclists, etc. He stated that bicyclists already run the stop signs, and this will make it more dangerous. Mayor Umstattd stated her observation has been identical. She states it emboldens bicyclists so they do not even stop. She stated it does not achieve what is intended. Council Member Reid stated he sat in the SRTC meeting and there were two residents who came and asked for this. He stated the point of the residents who asked for this was the burden should be on the motorist. He stated the burden should not be on the pedestrians and joggers. Council Member Butler stated this is just a trial and he would be interested in finding out what the trial reveals. Council Member Dunn questioned who put the one up at the County Government Center. Mr. Mason stated the County Government specifically requested this sign. He stated the County is responsible for the frequent replacement of this sign. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, and Reid Nay: Wright and Mayor Umstattd Town Council Meetinq of October 15, 2008 Paqe 19 Vote: 5-2 13. OLD BUSINESS There was no discussion pertaining to the following agenda items: a. Future Plans for Cangiano Tract b. Site Plan Review Time Limits 14. NEW BUSINESS FOR ACTION a. Sycolin Road Interchange Funding Tom Mason stated the County strongly wants the bridge flyover at Sycolin to be constructed first rather than waiting until the funding for the entire project is collected. Virginia Department of Transportation they can proceed with design of the first phase. The County has asked VDOT to proceed and a resolution by Council will reinforce this request. On a motion by Council Member Reid, seconded by Council Member Wright, the following was proposed: RESOLUTION 200-156 Requesting the Virginia Department of Transportation (VDOT) to Establish the Construction of the Sycolin Road Overpass as the First Phase of Construction of the Route 7/15 Bypass Widening Project The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 15. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING a. Request for additions: Council Members Hammier and Martinez asked for the following: i. HCA Broadlands Hospital at the next meeting Council Member Dunn asked for the following: i. A discussion of meeting management Mayor Umstattd asked for the following: i. A presentation from Journey through Hallowed Ground ii. Dominion Power Monopole issue 16. COUNCIL COMMENTS Council Member Dunn had no comments. Vice Mayor Hammier disclosed speaking with Randy Minchew and a meeting with Jerry Coughter and John Wells. She stated she appreciated the opportunity to be at the celebration for John Wells' public service award. She thanked staff for the effort to lower the costs for the dog park. She stated she really appreciated the shredding event and got great feedback about the Commissioner training. She stated she will be attending the Vice Mayor training at the Virginia Municipal League conference and will be pushing the Town's legislative priorities to get statewide support. Town Council Meeting of October 15, 2008 Paqe 20 Council Member Martinez disclosed a meeting with David Ritchie. He stated the NAACP dinner was very nice and he appreciated the opportunity to attend. He thanked Vintage 50 for the anniversary brew and stated he would be going to the new barber shop for a shave during Court and Market Day. He stated the shredding event was excellent and suggested holding it twice per year. Council Member Wright stated he appreciated the Town had achieved it's Go Green status joining only 26 other Virginia communities to have done so. He stated the shredding event was an efficient use of tax dollars versus recycling costs for white paper. He disclosed a conversation with David Ritchie. He noted a breakdown in the process since Boards and Commissions do not have the authority to set policy. He stated there seems to be a continuing ability of the SRTC to go around the process. Council Member Butler expressed hope things start to smooth out with the stock market. He disclosed a meeting with David Ritchie. He sent out get well wishes to John Wells. He stated he was sorry to have missed the shredding event but was looking forward to the next one. Council Member Reid disclosed a phone call from Randy Minchew about the Clark Realty proposal. He stated he had a conversation with Peter Burnett about the Loudoun Street property. He stated the SRTC met and will do a visit to Arlington to look at their traffic calming program. He noted the crosswalks on Tavistock Drive are ready to go. He stated a mid block crosswalk to connect to the HOA trail will be coming to Council for a vote. He stated they have been asked to weigh in on the Plaza Street sidewalk issue. He stated the EDC met this morning and had a nice presentation from Scott Parker about Waterford and there are some potentially serious problems to be dealt with on that site. He stated they passed a resolution opposing the property tax at the airport. He stated he learned from Tim Deike and Dennis Boykin 15 corporate planes have talked about leaving the airport if the Board of Supervisors levies this additional tax. He stated this would cost the Town about $750,000 if they move those planes to another local airport that does not have a property tax. He stated they unanimously supported a zoning amendment to allow Hamburg Doener to have a tent. He stated Paxton and LARC would like to have a joint Planning Commission/Town Council public hearing on their special exception. He stated Dog Day Afternoon was terrific and was completely vendor sponsored at no expense to taxpayers. He expressed concern that he had not seen a memo about Court and Market Days. He stated it is the Mayor's responsibility to oversee the flow of the meeting. He noted Council Members peppering the Chief of Police during the presentation slowed the meeting down considerably. He stated some questions can be asked in advance, but some need to be asked on the record. 17. MAYOR'S COMMENTS Mayor Umstattd noted Loudoun Cares had a successful ribbon cutting. She disclosed meetings with David Ritchie and Rick Lanham. 18. MANAGER'S COMMENTS Mr. Dentler had no comments. 19. CLOSED SESSION There were no Closed Sessions Town Council Meeting of October 15, 2008 Paqe 21 20. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Dunn, the meeting was adjourned at 12:20 a.m. ~~(~~o . n C. Umstattd, Mayor J Town of Leesburg iff) 2008_TCMIN1015