HomeMy Public PortalAbout2009_tcmin0922COUNCIL MEETING
September 22, 2009
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Thomas S. Dunn, II, Katie Sheldon Hammler, David
Butler, Marty Martinez, Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: Kenneth ~~Ken" Reid
Staff Present: Town Manager )ohn Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Planning and
Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher,
Assistant to the Town Manager Scott Parker, Zoning Administrator Chris Murphy and
Clerk of Council Lee Ann Green
AGENDA ITEMS
1. Call to Order
2. Invocation was lead by Vice Mayor Hammler
3. Salute to the Flag was lead by Council Member Dunn
4. Roll Call Council Members Martinez and Dunn absent (arrived late)
5. Minutes
a. Work Session Minutes of September 8, 2009
On a motion by Council Member Martinez, seconded by Council
Member Wright, the minutes were passed 6-0-1 (Reid absent).
b. Regular Session Minutes of September 9, 2009
On a motion by Council Member Butler, seconded by Council
Member Martinez, the minutes were passed 6-0-1 (Reid absent).
6. Adopting the Meeting Agenda (Amendments and Deletions)
Vice Mayor Hammler made a motion to adopt the meeting agenda after
moving Items 14a, 16a, and 16b and to Consent. The motion was seconded
by Council Member Martinez.
The motion to adopt the meeting agenda as amended passed by the
following vote:
Aye: Dunn, Butler, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
7. PRESENTATIONS
a. Proclamation -Constitution Week
On a motion by Council Member Martinez, seconded by Council Member
Dunn, the following was proclaimed:
PROCLAMATION
Town Council Meeting of September 22 2009 Page 2
CONSTITUTION WEEK
September 17-23, 2009
WHEREAS, September 17, 2009 marks the two hundred
twenty-second anniversary of the drafting of the Constitution of the
United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition
to this magnificent document and its memorable anniversary and to the
patriotic celebrations which will commemorate the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a
proclamation each year by the President of the United States of
America designating September 17 through 23 as Constitution Week.
NOW, THEREFORE, proclaimed by the Council of the Town of
Leesburg in Virginia that the week of September 17-23, 2009 is
designated Constitution Week and ask our citizens to reaffirm the ideals
the framers of the Constitution had in 1787 by vigilantly protecting the
freedoms guaranteed to us through this guardian of our liberties,
remembering that lost rights may never be regained.
PROCLAIMED this 22nd day of September, 2009.
8. PETITIONERS
The Petitioners section was opened at 7:40 p. m.
Brian Fillman, 223 Royal Street, SE, requested the completion of Royal Street,
SE into the Tollhouse Plaza parking area. He distributed a map to Council. He stated
currently the street stops in front of his house and the traffic is increasing with the
businesses on the corner. He stated some people turn around in his yard and
delivery trucks block access. He noted this would assist people making a left out of
Tollhouse Plaza as well.
Mayor Umstattd requested a preliminary report on this to see if it is feasible,
Ann Robinson, 125-M Clubhouse Drive, stated she has been a resident of
Leesburg for 18 of the past 25 years. She stated she questions the viability and cost
benefit of the SW Connector. She stated she is specifically referring to Section A-3.
She discussed the SW Trails report and the lack of surveying for opinions in the
Clubhouse Drive neighborhood. She stated no surveying was done of any of the
owners of the Clubhouse Drive condominiums. She stated, however, door-to-door
polling was done of the residents of Chancellor Street, which is a clear lack of equity
in process; however, the trail committee, consisting of residents of Greenway Farms,
Tavistock Farms, Woodlea Manor, Stratford, and Chancellor Street made a
recommendation to proceed with Trail A-38. She stated trail A-3 has not been
properly vetted because no one from the condo association was included in the trail
committee even though they were considering severing the heart of the community.
She noted the trail will create competition for parking and use of the already limited
green space in the community. She stated the trail was not part of the 2002 Parks
and Recreation Master Plan or the 2005 Town Plan. She alleged the trail was created
Town Council Meeting of September 22 2009 Page 3
to appease the residents of Chancellor Street who did not want the parking, policing,
noise and nuisance of a connection with the W&OD Trail. She requested it be
removed from the CIP since it does not serve her community or the Town, as a whole.
Dina Callahan, 125-N Clubhouse Drive, stated she uses the bike trail and
enjoys the convenience of the trail close to her community, She stated she is the
board president of the owners association of Country Club Green. She stated she has
a fiduciary duty to the owners of Country Club Green for the approval and budgeting
for capital improvements, maintenance and investment for the future. She stated she
feels each Council member has the same duty to the taxpayers of Leesburg. She
stated she feels the project is unnecessary and asked the Council to scrap Phase 3.
She stated this community was built in the early 1970s and has enjoyed the peace
and harmony of its green space for years. She stated they do not need the traffic.
She stated if the Town asserts that section of the trail will not be used much, then
shame on the Council for wasting that much money. She stated their neighbors don't
want non-resident parking, an invitation to crime, and have a concern about safety,
pet waste, inappropriate trail use by youths and they have the same concern. She
suggested instead of proposing a zigzag design, build the connection from Chancellor
creating the most direct path to the trail. She suggested not building the connector
trail at all.
Carl Golovin, resident of Country Club Green and member of the Country Club
Green Board of Directors. He distributed a letter from the Board of Directors. He
stated they request no connection to Chancellor Street and the W&OD trail; however,
the community would benefit from the connection to S. King Street.
Nonie Waters, 125 Clubhouse Drive, stated she is in complete agreement with
the other speakers. She stated there has been a complete lack of due process. She
stated the HOA has only known about this since May. She stated she hopes the
Council will reconsider putting the trail through her neighborhood.
Richard Fernandez, 538 Deermeadow Place, stated he is wondering now that
Battlefield Parkway has been completed to Evergreen Mill Road if a traffic study has
been done for Route 15. He stated with the traffic flow, people heading northbound
are using Masons Lane in the morning, which is not a problem; however, in the
evening the traffic coming off the Greenway are trying to make a left hand turn from
Masons Lane to Route 15. He suggested preventing a left hand turn onto Masons
Lane to the south as a temporary solution until Battlefield is completed to Route 15.
Mayor Umstattd requested a letter explaining the plans for Masons lane be
sent to Mr. Fernandez.
Ruth Burton, stated she has lived in Clubhouse for 16 years. She stated why
anyone would want to put a bike trail through her community does not make sense.
She stated bikers come secondary, children come first. She stated pet waste, loss of
parking and trees, and speeding bikes will be detrimental. She stated she would
never allow her little children to get on the bike trail as it is not for children.
Mike Sierra, 908 Chancellor Street, stated he intended to speak to the
Meadowbrook issue, but he was involved in the trails issue as well. He stated over
the last six years working with the Keep Leesburg South Beautiful Coalition, they
talked through some of the options available for the bike/trail system. He stated
Country Club does not have an HOA, but they watched as things were proposed and
Town Council Meeting_of September 22 2009 Page 4
counter-proposed. He stated there was a public discourse with lots of opportunities
for input. He stated he felt there was a lot of consideration for everyone's concerns.
He stated the bike path on Rt. 15 is in active use. He stated he can appreciate if the
SW Connector gets closed down as a function of budget, he can understand that, but
the argument that there was not an opportunity for input is untrue. He stated he
would support the connector as it is laid out. He stated the dictates of geography
place us in more vested interest than others, but we have a responsibility as citizens
to do what you can for the greater good.
Ed Wormold, stated he does not have a complaint. He stated he has four
home schooled high school students with him who are taking a course on
government.
The Petitioner's section was closed at 8:10 p.m.
Mayor Umstattd and Council Member Martinez offered information to the
students to further their study of government.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following consent agenda was proposed:
Approving a Substitute Performance Guarantee for Kincaid Forest -
Section 3
RESOLUTION 2009-102
Approving a Substitute Performance Guarantee for Kincaid Forest -
Section 3
b. Authorizing the Release of $85 500 to Kettler for the Co~letion of the
Relocation of Route 653 (Cochran Mill Road) at Route 7
RESOLUTION 2009-103
Authorizing the Release of $85,500 to Kettler for the Completion of the
Relocation of Route 653 (Cochran Mill Road) at Route 7
c. Declaring that a Public Necessity and Use Exist Authorizinq an Offer to
Acquire Easements from PIN 147-16-4251-001 for the Battlefield
Parkway-Edwards Ferry Road to Fort Evans Road Project and
Authorizing Condemnation if the Offer is not Promptly Accepted
RESOLUTION 2009-104
Declaring that a Public Necessity and Use Exist, Authorizing an Offer to
Acquire Easements from PIN 147-16-4251-001 for the Battlefield
Parkway-Edwards Ferry Road to Fort Evans Road Project and
Authorizing Condemnation if the Offer is not Promptly Accepted
Airport Lease
RESOLUTION 2009-105
Authorizing a Change in Majority Ownership of RZF Aviation, LLC, and
Further, to Encumber the Fuel Farm Lease between the Town of
Leesburg and RZF Aviation, LLC, Dated )une 6, 2006 and 2008
Town Council Meeting of September 22 2009 Page 5
e. Making an Appointment to the Commission on Public Art
RESOLUTION 2009-106
Making an Appointment to the Commission on Public Art
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
S0. PUBLIC HEARINGS
a. TLOA 2009-0004 Traditional Design Option -Zoning Ordinance Text
Amendment
The public hearing was opened at 8:14 p.m.
Chris Murphy stated the Traditional Design Option (TDO) was initiated
by Council in April of 2009. He stated this was made in recognition that the
Town will continue to experience growth and thus the Town Plan sets out to
guide the projected growth using the historic downtown as the model to
emulate because this area's many historic resources, as well as compactness,
mixed uses, and pedestrian friendly streets define Leesburg's identity. He
stated expanding elements of the Town's historic character outside the bypass
by encouraging new and infill development to use more efficient site planning
principals and architectural features that reflect Leesburg is the goal. He
discussed other examples of mixed use developments in the Town that employ
features of urban design. He stated the purpose of the TDO is to foster
traditional neighborhood design over suburban sprawl development, He stated
the advantage of the grid development is that it disperses traffic, keeps local
traffic local, and encourages walking or biking because of shorter distances
and slower speeds. He discussed the problems caused by using regional roads
for local traffic.
Mr. Murphy stated the TDO achieves traditional form by grid street
design with a minimum of cul-de-sacs which is a major departure from
suburban street design. He discussed other speed and traffic accessibility
design features such as crosswalks with different colors and textures, the use
of private alleys, multiple access points, and open space that foster pedestrian
activity. He noted the TDO requires 25% open space that provides active or
passive recreation space for residents which could include a linear park, a
seating area, a village green, a village square, a playground, a park or natural
areas. He discussed development standards guarantee a mix of housing sizes,
which is indicative of traditional neighborhoods, and location of the residence
and garage on the lot which reflects the type of streetscape found in the
downtown.
Mr. Murphy stated the TDO establishes a minimum buffer of 50 feet on
main roads, which limits the visual impact of the road on the development. He
stated the buffer also adds to the tree canopy. He discussed architectural
design control, which is included in the TDO but is normally not found in
typical suburban development.
He noted the TDO requires the developer to dedicate any planned roads
on the subject property identified on the Town Plan network policy map to
Town Council Meeting of September 22 2009 Page 6
qualify for the bonus density. He stated the TDO is incentivized with a density
bonus of up to 0.6 units per acre if certain criteria are met. He described the
criteria as 1) provision of rear frontage on an alley or detached front loaded
garage in the rear yard on 30% of house lots, 2) open space comprising 30%
of gross acreage, 3) provision of more than 50% of lots of 9,000 square feet
or less, 4) provision of a community recreation site such as community pool,
community center, amphitheatre, etc., 5) provision of at least one boulevard
entrance at least 500 feet in length from each major arterial road adjacent to
the development, 6) provision of 50% of the total required open space for
active recreation, and 7) provision of pedestrian/bicycle connections to on-site
recreation facilities and adjacent public facilities.
Mr. Murphy stated the criteria to qualify for the TDO option it must be
zoned R-1, have a minimum of SO acres and have frontage on a major arterial
road. He displayed a map showing eligible properties. He stated there are
only three properties in the Town that meet these criteria, one of which is Ida
Lee Park, one is directly behind the outlet mall, and the other is the
Meadowbrook property. He noted Ida Lee Park will not be developed but does
meet the criteria outlined in this option.
Mr. Murphy reviewed the changes recommended by the Planning
Commission including maximum front yard setbacks increased from 15 feet to
25 feet and moving garages back to accommodate more effective landscaping
in front yards and the ability to locate utilities underground in front yards.
Another change recommended by the Planning Commission was maximum
dwelling square footage of 3,500 square feet on lots of 6,000 square feet. He
stated it was felt that without a maximum, there was the potential for very
large houses on small lots. He stated the Planning Commission felt that there
is a shortage of contiguous open space throughout Town and requested a
single large parcel to allow for unorganized field games. He stated the
developer will get 100% credit for storm water management facilities which
include best management practice components.
Brian Boucher stated it is important to know that the TDO was designed
with fiscal impact in mind. He stated the TDO would permit an incremental
increase in density over the original R-1 zoning. He stated it is important to
note that there is an option for affordable dwelling units in the R-1 up to get a
bonus of 1.2 units per dwelling units per acre, which is by right. He stated the
impact to the Town is the difference between what it costs to provide services
to the number of units versus what is being brought in from those units in
taxes. He stated, after build out, all three options are a little on the plus side.
He stated the Capital Fund impact estimates the cost of capital facilities
including roads, recreation and other things required to support the houses
after development. He stated all three options require some upfront costs. He
stated the TDO has some offsets built into it, which would save the taxpayers
on the capital outlay side. He stated sometimes in by right development, the
developers do not feel they have to comply with the Transportation Policy Map.
He stated in the State of Virginia this can be argued and has been. He stated
with the TDO, the developer must dedicate the right of way to the Town. He
stated the Town is also looking to get public recreation facilities. He stated
those recreation facilities will serve the community. He stated those things
make a difference in the fiscal impact.
Town Council Meeting of September 22 2009 Paae 7
He discussed the different scenarios and the costs and offsets to the
Town involved in those scenarios. He noted the fiscal impact model does not
include fiscal impact on the schools because those must be proffered through a
rezoning. He stated the TDO has the greatest positive impact on the General
Fund and the only one that gets right of way.
He stated there are intangibles included in the TDO including usable
open space, achievement of some of the goals of the Town Plan, architectural
design, and grid street network.
He summarized by stating the proposed TDO is created in the R-1
district to provide incentives to establish by right development with features
that achieve Town Plan goals of capturing traditional Leesburg in the
neighborhood design while respecting the Roadway Network Policy Map. He
stated the Planning Commission recommended approval by a vote of 7-0.
Vice Mayor Hammler questioned why no discussion or analysis of the
commercial component was included in the fiscal impact.
Mr. Boucher stated the analysis was performed looking only at the TDO
and since no commercial uses are allowed under the residential R-1 zoning it
was not a factor.
Vice Mayor Hammler stated this is a fundamental flaw in a neoclassical
downtown setting. She stated the traditional design of the downtown includes
small scale retail that serves the community.
Laura Sharpes 509 Sparkleberry Terrace, stated she is the president of
the Sycamore Hill Homeowner's Association. She stated they were only
notified of this last week. She stated the community's concern is to make sure
there is no negative impact to the community. She stated the big box retail on
Fort Evans is causing issues for the Sycamore Hill Community. She stated
they want to protect their neighborhood. She verified there is no application
for the Forestier property at this time. She requested as many trees be saved
on this property as possible. She stated she wants to make sure there is no
water run off issues for her neighborhood.
Charlie Kina, 414 Lacey Court, S. W., stated he is a resident of Woodlea
Manor and is a member of the Board of Directors of the HOA. He stated this is
an issue his Board has been monitoring. He thanked the Council for their
service and stated it does not go unnoticed, nor unappreciated. He stated the
South West does not have a lot of amenities. He asked the Council to do no
harm and asked to be left alone without any adverse impact. He stated they
would like to emphasize to the Council that it was right last time when the
consensus was that this property is appropriate for R-1. He stated they are
concerned with the process. He stated this plan that talks about 5,000 square
foot lots and a density of 1.6, it is very different from what was discussed last
time. He stated the Town and community would be better served with a site
plan. He stated this is an R-2 process without the scrutiny or analysis. He
called this the "Iceberg" ordinance because there Is an ordinance that will be
adopted and a settlement, which the public will not know the result of until it is
done. He advised the Town to get an independent financial analysis because
he feels the Town needs to be absolutely sure of the numbers. He stated he
Town Council Meeting of September 22 2009 Page 8
thinks Mr. Adamo's numbers concluding they would not need any additional
schools are incorrect as the schools are at capacity. He stated the additional
traffic aspect needs to be further studied. He stated those roads have been
there for 200 years and the additional traffic will pose significant problems for
his community. He stated the impact on the historic aspects of this Town, the
county and the Commonwealth of Virginia should be determined. He
discussed the Journey Through Hallowed Ground and stated this is very
important to American history. He stated he has not heard anything about the
impact on the historic aspects of this property. He stated his community takes
a very broad perspective on this subject that little by little these historic
properties are being developed and are going away. He stated the Council
aught not approve this development. He stated he would like to have a dialog
with the developer, Mr. Kalaris. He stated they have no ill will towards Mr.
Kalaris, even though they will never agree on the density for the property. He
stated he would Tike a global settlement that will include the north bay
commercial component. He stated there is no harm in denying this ordinance
because Mr. Kalaris has no immediate plans to develop the property.
Mark Crane, 516 Sparkleberry Terrace, N.E., stated he is a project
manager for a land surveyor/civil engineer. He stated they have some issues
with traffic. He stated people will speed along Potomac Station Drive and they
want it to stay under control. He stated you are creating a nice Town center,
but there is nothing there. Everyone will have to leave to go get things. He
stated he shares the comments relating to fiscal impacts and is very skeptical
about the numbers produced by the Town.
Richard Fernandez, 538 Deermeadow Place, stated he does not have
major objections to the ordinance. He verified that no plan has been
submitted for this property. He stated it is a lot better than the previous plan.
He stated he understands this property needs to be developed, even though
he would like to see less density. He stated his community brought more
traffic to the Town. He stated he is concerned about the fiscal side of it. He
stated bringing in more residents will not cover the expenses incurred to
provide the services to the people in the community. He stated his concern is
the County will use the developer money to build schools in other parts of the
county. He stated he looks forward to Battlefield Parkway being completed
and not having houses fronting Battlefield Parkway. He stated this plan is a
great improvement over the last one that was submitted. He stated he would
like to improve the Town for the people who move here after him. He stated
he is in the minority in his neighborhood; most of his neighbors do not like the
Meadowbrook development. He stated it might not be a bad move to wait
until someone puts in a plan and address the property at that time.
Ann Bollinger, stated she is here on behalf of Keep Leesburg South
Beautiful. She requested an outside consultant to conduct a thorough fiscal
analysis on roads, schools and taxes for the all the citizens of Leesburg, not
just the southwest. She stated the Town needs to look at the impact; has the
Town secured enough infrastructure with the TDO. She stated the Town needs
to digest all the information presented by the staff. She stated she does not
believe the numbers, She stated the schools are packed. She questioned
where 400 houses would go to school and added that Dr. Adamo did not add
the special education students into the numbers. She stated there is a rumor
that the school system cannot afford substitutes for sick teachers. She stated
Town Council Meeting of September 22 2009 Page 9
the Town needs to look at the global picture even though Mr. Kalaris wants to
develop his land, She stated the citizens elected the Council to do what is
right and not be swayed by the Town Attorney behind closed doors because
there is litigation. She stated she would Tike to see an Ida Lee in the
southwest. She stated the southwest does not have anything. She stated the
southwest does not have walkabllity. She stated the Town needs to look at
the big picture and rework the numbers because she does not feel they are
correct. She stated nothing shouts this is a win-win for everyone. She
reiterated the Council works for the citizens of Leesburg.
Mike Sierra, stated the reason he came this evening is to speak to this
particular subject. He stated he is a resident of Country Club and has watched
with vested interests the machinations back and forth regarding what will be
developed here. He stated staff's efforts to meet with the residents was
appreciated. He stated this parcel is the only spot that remains undeveloped
and will remain a bone of contention. He stated this plan with 1.6 units per
acre might be the best deal we are going to get as a future Council might
double the number of houses. He stated the TDO is a well thought out
proposal and the concerns regarding traffic, schools, and costs are all
legitimate. He added this is a potentially good opportunity if we can avoid
litigation.
The public hearing was closed at 9:20 p.m.
Mayor Umstattd made the following motion:
Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia,
move that the Leesburg Town Council convene in a closed
meeting to hear and discuss a legal matter pertaining to
Meadowbrook.
The motion seconded by Council Member Martinez and was approved
by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor
Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
Council returned in open session with the following motion by Mayor
Umstattd:
In accordance with Section 2.2-3712 of the Code of Virginia, I
move that Council certify that to the best of each member's knowledge,
only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act and such
public business matters as were identified in the motion by which the
closed meeting was convened were heard, discussed or considered in
the meeting by Council.
The motion was seconded by Council Member Martinez and was
approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor
Umstattd
Town Council Meeting of September 22 2009 Page 10
Nay: None
Vote: 6-0-1 (Reid absent)
Council Member Martinez made a motion to accept the
settlement agreement between the Town of Leesburg and Washington
Traditional Development Sites, Inc. The motion was seconded by
Council Member Wright.
Council Member Wright stated there is litigation on this property
and in the course of trying to identify awin-win solution that addresses
the numerous transportation needs in the community as well as
offsetting the cost of litigation, he feels this agreement is in the best
interests of the Town.
Vice Mayor Hammier requested an outline of the benefits of
approval of the settlement, particularly as relates to Battlefield
Parkway.
Mr. Wells stated the adopted Town CIP includes money for the
acquisition of right of way for Battlefield Parkway. He stated those
funds are identified and appropriated in the FY2010 budget. He stated
the Town would need to use bond funds to secure those funds and have
a debt service payment into the future on that repayment. He stated
under the settlement agreement, it is likely that right of way would be
made available to the Town free of charge.
Vice Mayor Hammier asked Mr. Wells to speak to why a decision
needs to be made tonight versus waiting for additional fiscal analysis?
Mr. Wells stated the stimulus funds available currently for the
South King Street project total approximately $900,000. He stated part
of the requirements under the stimulus funding is that those dollars be
spent in a particular period of time, so there is some urgency to move
forward. He stated he cannot tell the Council they have to vote this
evening, but there is not a significant amount of time the Council can
wait until those funds would be in jeopardy.
Council Member Dunn questioned what the stimulus funds would
be used for? He questioned whether they have to be earmarked for the
section of King Street discussed in relation to this project or can the
funds be used for any portion of South King Street,
Mr. Wells stated they cannot be moved to other Town projects.
Mr, Mason stated the funds must be used for a highway project. He
stated the South King Street widening project is so large, it has been divided
into two parts. He stated accepting the stimulus funds requires the funds be
obligated by February 1, 2010. He stated in defining obligated, the Town must
have a design and right of way to enable a contractor to proceed with work.
He stated the funds have to be authorized by approval of the state to begin
work, He stated this is a tight deadline, but it is worthwhile to make the effort
because of the amount of money. He stated it has a lot of challenges
associated with it.
Town Council Meeting_of September 22 2009 Page 11
Council Member Dunn questioned what will be spent on the South King
Street Project.
Mr. Mason stated somewhere around $12 million with the first phase
being around $8 million.
Council Member Dunn stated f
question. He questioned whether the
somewhere else on the South King St
did not quite get the answer to his
stimulus funds could be used
Bet project.
Mr. Mason stated just about the entire South King Street project has
frontage on the Meadowbrook site. He said the entire project down to Virts
Corner will take about $12 million. He stated the stimulus funding has a
starting point and an ending point. He stated there has to be additional
funding added to the stimulus funding. He stated rather than risk not getting
stimulus funding, they figured out how much road could be built with the
funding they have plus the stimulus money and put that in the application for
stimulus funds.
Council Member Dunn stated he wished the settlement process was
more open to the public. He stated he feels like the Council is in too many
closed sessions and this says something about who is driving the ship.
Council Member Butler stated given two circumstances 1) that the
settlement agreement has just been received and Council may need time to
digest it, and 2) Council Member Reid's absence, he moved to table approval
of the settlement agreement until Council has time to study it further.
Mayor Umstattd seconded the motion.
The motion failed by the following vote:
Aye: Butler and Mayor Umstattd
Nay: Dunn, Hammler, Martinez, and Wright
Vote: 2-4-1 (Reid absent)
Council Member Butler stated he wanted to make sure it is clear to the
public that the settlement agreement is part of a two step process. He stated
the settlement agreement is the first piece and the traditional design option
motion is the second piece and is required for the settlement agreement to go
into effect.
Ms. Irby verified this.
Vice Mayor Hammler stated she is struggling with this because it is
dealing with a central issue for the Town representing a property that
symbolized the rampant residential growth and all its related problems
including school costs. She stated this growth has put the Town and the
County in a position where they cannot be competitive with other jurisdictions
in terms of attracting high quality jobs and research institutions because we
have to use debt capacity to build new schools. She stated she will support
this settlement agreement for two reasons - 1) we need to move forward with
transportation improvements and 2) future proof that this Council puts a cap
Town Council Meeting of September 22 2009 Page 12
on the number of houses and how those houses will be constructed in a more
amenable way.
Council Member Dunn stated because of the process that the Council
has gone through with the TDO and because he does not feel this settlement
agreement is really in the best interest of the entire Town, particularly those in
the southeast/southwest part of Town, he will be voting against the settlement
agreement.
Mayor Umstattd stated she will be voting against this agreement as
well. She stated having listened to the citizens and having reviewed the
agreement and the TDO, she does not believe settling this lawsuit is
necessarily the best thing for the Town. She stated she understands the
argument about doing what is best for the Town as a whole, but if the Council
starts destroying the Town neighborhood by neighborhood, there will not be
much more of a Town left to protect.
vote:
The motion to accept the settlement agreement passed by the following
Aye: Butler, Hammler, Martinez, and Wright
Nay: Dunn and Mayor Umstattd
Vote: 4-2-1 (Reid absent)
Council Member Martinez made the following motion:
ORDINANCE
Approving Zoning Ordinance Text Amendment TLOA 2009-0004
Establishing in Article 10 Density/Intensity & Dimensional Standards
Section 10.3 The Traditional Design Option in the R-1 Single-Family
Residential Estate Zoning District
The motion was seconded by Council Member Wright.
Council Member Wright stated in the course of trying to come up with a
way to address development impacts, specifically transportation infrastructure
and open space, staff has come up with a good option. He stated he feels this
generates awin-win even though he understands there are people in the
community who do not feel the same way. Further, he stated he feels this is
offsetting the impacts in the way this parcel will be developed and holds the
overall density to a responsible level.
Council Member Butler stated there have been requests from the public
for a more detailed financial analysis. He stated even though he trusts staff,
he feels there are a lot of elements in the settlement agreement that have not
been included in the financial analysis. He made a motion to table this item
until the next Council meeting.
Mayor Umstattd seconded the motion.
The motion passed by the following vote:
Aye: Butler, Hammler, Wright and Mayor Umstattd
Nay: Dunn and Martinez
Vote: 4-2-1 (Reid absent)
Town Council Meeting_of September 22 2009 Paae 13
Mr. Wells questioned whether it would be adequate to use the fiscal
impact model that was developed by an outside party and use the information
to develop an analysis rather than get someone from outside to produce the
analysis. He stated in the three weeks between now and the next meeting,
staff will be able to specifically identify all costs and savings related to the
specifics of the settlement agreement.
Council agreed this would be acceptable, Further, Vice Mayor Hammier
requested that staff make itself available to work with the members of the
public who would Tike to be involved.
Mr. Wells stated a meeting would be set for this with the interested
public and Council Members notified.
b. Amending Chapter 26 of the Town Code Regarding the Unlawful
Possession of Weapons in Town Parks
The public hearing was opened at 10:42 p.m.
Ms. Irby stated this issue came about because of a recent change in the
State Code, which required the Town to reevaluate its weapons ordinances
with respect to what weapons are allowed in Town parks and how they may be
used. She stated an ordinance reflecting Council comments has been
distributed and Council Member Dunn circulated a version that leaves out any
specifics but she noted some specifics are helpful to members of the public
who may not have access to the state code sections. She stated the Town is
very limited with respect to any kinds of weapons limitations. She stated the
Town will need to find that discharge of the weapons would be dangerous
because of the nature of the park and the inhabitants that might be present in
the park.
Council Member Dunn noted stated there are existing laws in Town
regarding discharge of firearms.
Ms. Irby stated the state code specifically calls out parks, but she
stated it seems like an ordinance against the discharge of a firearm anywhere
in Town should apply to a park.
There was discussion between Council Member Dunn and Ms. Irby
regarding the language to be included in the ordinance and further discussion
regarding types of weapons.
Council Member Wright questioned clarification on the state code's open
carry laws. He verified that weapons cannot be carried into a school or a
courthouse, but a preschool does not have the same protections as primary
and secondary schools. He stated he has two specific concerns with regards to
the recreation center, one is that is houses a preschool which should have the
same protections as other schools, and the other is the storage of weapons on
site at Ida Lee since most people would not carry their weapons while
swimming. He questioned how the weapons would be stored and how the
liability for those would be addressed.
Town Council Meeting of September 22 2009 Page 14
Council Member Butler questioned whether re-enactors and Girl Scouts
practicing archery are in violation of the Town Code.
Ms. Irby stated currently the Town Manager has the authority to issue a
permit with respect to those activities but these activities may be in violation
of the state code with or without permission on park property.
Council Member Butler stated in a park or similar area, it is okay to
bring asemi-automatic weapon with a loaded magazine but not okay to have a
slingshot concealed inside your coat.
Ms. Irby verified this and clarified that the semi-automatic weapon
would have to have Tess than 20 rounds.
Mayor Umstattd stated the Town Code is irrelevant with regards to
Second Amendment rights. She stated as long as the Town Code is in
compliance with the State Code, it is acting as reasonably as possible. She
stated the current ordinance in the Town Code is in violation with State Law.
She questioned clarification of the other weapons including slingshot, machete,
etc.
Ms. Irby stated in accordance with the State Code, they can be carried,
just not concealed.
Mayor Umstattd stated that Virginia, as a state, has a lot of respect for
the Second Amendment and the new Code is a lot more permissive than the
previous language. She stated quoting directly from the State Code in the
Town Code makes it more clear for the public.
Council Member Dunn stated the Council is not discussing the type of
weapons, where they are stored when in the parks, but here to fix the
discrepancy between the Town Code and the State Code.
There were no speakers for this public hearing.
The public hearing was closed at 11:05 p. m.
Council Member Dunn made a motion to accept the Ordinance with the
addition of "weapons will be in accordance with Virginia Code Section 18.2-
287.4 and Virginia Code Section 18.2-308".
Ms. Irby stated this language would be adequate for the time being as
long as it is not being relied on for a permanent fix.
Mayor Umstattd stated she does not know what that section means
without a subject and suggested the addition of "regulations".
The motion was seconded by Council Member Martinez.
Council Member Butler stated he preferred the language prepared by
staff and further stated he would not be supporting this motion.
Town Council Meeting of September 22 2009 Paae 15
Council Member Wright made a motion to amend the motion to have
"K" read as originally presented by staff. This amendment was seconded by
Council Member Butler,
Council Member Wright stated this provides more clarity and gets the
Town Code into compliance with the State Code.
Vice Mayor Hammler questioned why there is a need to pass this
ordinance tonight without a work session discussion.
Ms. Irby stated that the State Code has been amended to say that
whenever the State Code and Town Code differ, the Town would be
responsible for court costs and attorney fees.
There was discussion regarding the definition of firearms.
The motion to amend failed on the following vote:
Aye: Butler, Hammler, and Wright
Nay: Dunn, Martinez and Mayor Umstattd
Vote: 3-3-1 (Reid absent)
Council Member Dunn questioned if his motion should include the
reference to State Code 18.2-280 to cover the discharge issue. He made this
as a friendly amendment.
Council Member Martinez, as second to the original motion, agreed to
this amendment. He noted that anything with a projectile is considered a
weapon.
Ms. Irby clarified that not all projectiles are considered firearms.
Council Member Butler questioned whether it is illegal to discharge a
slingshot in the current Town Code.
Ms, Irby stated she believes that it is and it is definitely illegal to carry
them without a permit.
The motion passed by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
14. RESOLUTIONS
a. SRTC Recommendations -Valley View Barricade
Mayor Umstattd stated the title of the proposed resolution is a little
misleading because it will delay the removal of the barricade until such time as
any improvements needed on the street are completed.
Mayor Umstattd made a motion for approval with amended language to
state, "however, prior to removal of any barricades, the public shall be notified
and Council will have the opportunity to vote on removal".
The motion was seconded by Council Member Martinez.
Town Council Meeting of September 22 2009 Page 16
Mayor Umstattd stated the Council needs to give the residents of Valley
View a final chance to weigh in on this before the barricade is finally removed,
even if it is years from now. She noted at this time, the barricade could be
removed at anytime.
Council Member Dunn verified that Davis Avenue improvements are not
included in the improvements for Valley View and noted he would like to see
improvements for the intersection between the two roads.
Council Member Wright suggested a friendly amendment to add a
requirement that staff some forth with the scope and scale of a proposed CIP
project to complete the public improvements necessary for the barricade to be
removed.
Mayor Umstattd accepted the amendment, but Council Member
Martinez did not.
Council Member Wright made a motion to amend to add direction to
staff to develop the scope and scale, at a time to be determined, for a
proposed CIP project.
The motion was seconded by Council Member Butler.
Council Member Wright stated this would clarify the direction to staff.
The motion to amend passed by the following vote:
Aye: Butler, Dunn, Hammler, Wright, and Mayor Umstattd
Nay: Martinez
Vote: 5-1-1 (Reid absent)
Mayor Umstattd restated her amendment that prior to removal of the
barricade, the public shall be given the opportunity to comment and the
Council shall be given the opportunity to vote on whether to remove the
barricade.
The motion to accept the resolution passed by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
Mr. Robert Belote verified the barricade would not be removed until the
width of the street is the same on both sides of the barricade.
b. 2010 Legislative Agenda
Vice Mayor Hammler made a motion to accept the 2010 Legislative
Agenda. The motion was seconded by Council Member Dunn.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
Town Council Meeting of September 22 2009 Page 17
13. OLD BUSINESS
None
14. NEW BUSINESS FOR ACTION
None
15. COUNCIL COMMENTS
Council Member Butler stated in keeping with the spirit of Constitution Week,
he has started reading the "Federalist", which was a series of writings with the purpose
of selling the constitution to the legislature of New York, at the time. He stated it is a
fascinating document and he feels it is one of the top five documents in the history of
the world, but sometimes the constitution leads to some messy discussions like the
one held tonight.
Council Member Wriaht reported the Planning Commission has held its first
public hearing on the Form Based Code. He stated a public input session will be held
on Thursday at the County building on Depot Court. He stated following that process,
the Planning Commission will hold a series of work sessions on the subject prior to
recommendation to the Council.
Council Member Martinez stated it has come to his attention that the residents
on Linden Hill Way need a left turn lane along with the widening project, He requested
a meeting on this subject with the residents. He stated every time he comes to a
Council meeting he has high hopes and expectations only to be disappointed because
Council Members tend to be rude and take over the mike.
Vice Mayor Hammier disclosed a meeting with George Mason University, and a
discussion with ]an Zachariasse of Waterford. She stated she had a great time with
her family and the dogs at the dog swim. She thanked the Friends of the Dog Park.
She stated her dog was the only dog that required lifeguard assistance to get out of
the lazy River. She noted she and Council Member Dunn will be serving coffee to the
citizens outside the Exeter Clubhouse on Saturday morning from 9 a.m. until 11 a. m.
Council Member Dunn stated he has a football game with his son, but will
attempt to come to the Coffee With Council at the Exeter Clubhouse for some of the
time. He noted the Council had a good discussion at the work session regarding the
Rules of Order.
16. MAYOR'S COMMENTS
None.
17. MANAGER'S COMMENTS
Mr. Wells noted an updated schedule for upcoming meetings is included in the
Council's folders. He stated he has identified upcoming agenda items and information
memos. He noted on October 14, the TDO item will return. He stated the dates for
the Form Based Code may be a little flexible. He stated the trip to New York to the
credit rating companies went well and the rating information should be available soon.
18. CLOSED SESSION
None
Town Council Meeting of September 22 2009 Pags l8
1~: ADJ@U12M11M~NT
Qn a motion by Gciiincil Member Wright, seconded by Council Member i3iitiei-;
the meeting was adjourned at 11x46 p. m.
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Town of Leesburg
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