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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. } Kasten C U stattd', Mayor Town of Leesburg Neck ~t7ag .