HomeMy Public PortalAbout2009_tcmin1014COUNCIL MEETING
October 14, 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, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen
Umstattd.
Council Members Absent: Council Member Wright arrived at 7:40 p.m.
Staff Present: Town Manager John 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, Library Director Alexandra Gressitt,
Director of Utilities Randy Shoemaker, Assistant Director of Capital Projects
Management Tom Brandon, Zoning Administrator Chris Murphy and Clerk of Council
Lee Ann Green
i. Call to Order
2. Invocation was lead by Council Member Reid
3. Salute to the Flag was lead by Council Member Butler
4. Roll Call Council Member Wright arrived at 7:40 p. m.
5. Minutes
a. Work Session Minutes of September 21, 2009
On a motion by Council Member Butler, seconded by Vice Mayor
Hammler, the minutes were passed 6-0-1 (Wright absent).
b. Regular Session Minutes of September 22, 2009
On a motion by Council Member Butler, seconded by Vice Mayor
Hammier, the minutes were passed 5-0-1-1 (Wright absent, Reid
abstaining).
6. Adopting the Meeting Agenda (Amendments and Deletions)
Council Member Reid made a motion to adopt the meeting agenda as
presented. The motion was seconded by Council Member Butler.
The motion to adopt the meeting agenda passed by the following vote:
Aye: Dunn, Butler, Hammler, Martinez, Reid and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Wright absent)
PRESENTATIONS
a. Bid Opening -Lease for Water Tower Space for Antennas
Mayor Umstattd requested lease bids from the audience. None were received.
One bid was received prior to the meeting.
b. Certificate of Recognition - U.S. Tae Kwon Do Martial Arts Academy
Town Council Meeting of October 14 2009 Page 2
Certificates of Recognition were presented to the coaches and students
of the U.S. Tae Kwon Do Martial Arts Training Academy who participated in the
2009 United States Tae Kwon Do Junior Olympics held in Austin, Texas. Those
participating were:
Grand Master Eung GiI Choi Master John Choi
Sean O'Brien Alan Whang
Alessandra Riederer Raymart Hilado
Tony Lo Elizabeth Riederer
Cameron Hippler Christopher Bucsa
Michael Robst Jackson Carawan
Matthew Miles Prabesh Basnet
Claire Hyde
c. Certificate of Appreciation - Leesbura Police Citizens Support Team
Inc.
A Certificate of Appreciation was presented to the Citizen's Support
Team for the generous contribution of a trailer to transport and store the
Leesburg Police Barrel Train.
d. Proclamation -Loudoun County NAACP Banquet
On a motion by Vice Mayor Hammier, seconded by Council Member
Martinez, the following was proclaimed:
r~z~rN~r,crrro.~~
The Loudoun County Branch of the National Association for
the Advancement of Colored People's Annual Banquet
October 17, 2009
WHEREAS, On February 12, 1909 the National Association for
the Advancement of Colored People was founded by a multiracial group
of activists; and
WHEREAS, for more than nine decades the NAACP has
been the largest and most recognized volunteer organization
nationwide dedicated to winning the struggle to obtain racial
justice for ail Americans; and
WHEREAS, the NAACP stands faithfully with courage and
determination to show a willingness to do what is right, to seek justice,
and a commitment to end the unjust system that dehumanizes the
beauty and sacredness of human equality; and
WHEREAS, this year marks the 69th anniversary of the Loudoun
County Branch of the NAACP; and
WHEREAS, the Loudoun County Branch of the NAACP provides
local programs to nurture and foster the growth of young people
through mentoring, tutoring and its recent recognition of seven high
school students who demonstrated excellence in academics; and
Town Council Meeting of October 14 2009 Page 3
WHEREAS, the Loudoun County Branch of the NAACP further
supports the community through active committees that address
religious affairs, legal redress, housing education, health education,
economic development, and political action; and
WHEREAS, the United States Department of Justice, Leesburg
Police Department and the Loudoun County Branch of the NAACP
signed a covenant to work towards a cooperative relationship including
diversified and culturally sensitive police force; and
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby congratulate the Loudoun County Branch of the National
Association for the Advancement of Colored People on the occasion of
their annual banquet and express the deepest gratitude to the many
volunteers who have worked tirelessly through this organization to bring
racial harmony and equality to our nation.
PROCLAIMED this 14th day of October. 2009.
e. Proclamation -Family History Month
On a motion by Vice Mayor Hammier, seconded by Council Member
Martinez, the following was proclaimed:
PROCLAMATION
Family History Month
October 2009
WHEREAS, throughout Leesburg's history, families have served
as a source of stability and compassion for every generation; and
WHEREAS, the institution of family stands as an unwavering
symbol of constancy, promise, and encouragement that will help us
discover our potential; and
WHEREAS, individuals from all over our nation and across the
world have embarked on a genealogical journey by discovering who
their ancestors were and how various forces shaped their past and
present; and
WHEREAS, the study of family history gives individuals a sense
of their heritage and a sense of responsibility in carrying out the legacy
of courage, endurance, and love their ancestors began; and
WHEREAS, an ever-growing number of institutions, libraries,
and individuals in our nation and others are collecting, preserving, and
sharing genealogies, personal documents, and memorabilia that detail
the life and times of families around the world; and
Town Council Meeting of October 14 2009 Paae 4
WHEREAS, the Thomas Balch Library was established in
Leesburg in 1922 and has since served as a valuable resource to those
interested in researching their ancestry.
NOW, THEREFORE, be it proclaimed by the Council of the Town
of Leesburg in Virginia that October 2009 is Family History Month in
Leesburg, Virginia and hereby encourages all citizens to appreciate the
importance of family history research affirming pride in our history and
keeping us mindful of the sacrifices of our forbears and to visit the
Thomas Balch Library to take advantage of the genealogical resources
available there.
PROCLAIMED this 14th day of October. 2009.
f. Proclamation -American Archives Month
On a motion by Vice Mayor Hammier, seconded by Council
Member Martinez, the following was proclaimed:
PROCLAMATION
American Archives Month
October 2009
WHEREAS, our town's future is shaped by the shared
experiences of its citizens, both past and present; and
WHEREAS, much of our community's rich and diverse heritage
is contained in the documents and records created by and for its
people; and
WHEREAS, state and local governments, religious and medical
institutions, colleges and universities, libraries, historical societies,
museums, businesses, and families throughout the Commonwealth of
Virginia have established archives as a means of preserving our written
history; and
WHEREAS, these archives collectively contain over 400 years of
unique materials, ranging from hand-written letters and diaries to
typewritten manuscripts, photographs, videotapes, and modern
electronic data systems; and
WHEREAS, archivists and manuscript curators in Virginia are
dedicated to responsibly preserving the historical word, maintaining
records in the public trust, and making those records available for study
and appreciation whether in a local repository or via the Internet; and
WHEREAS, archives are a key player in the national discourse
on intellectual freedom, equity of access, and narrowing the "digital
divide; and
WHEREAS through these archives, future generations can more
accurately study the past, learn from the accomplishments of their
Town Council Meeting of October 14 2009 Page 5
predecessors, trace their ancestors, understand their community's pride
of place, confirm property rights, and maintain laws, while celebrating
the history of our state and local community.
NOW, THEREFORE, be it proclaimed by the Council of the Town
of Leesburg in Virginia that October 2008 is American Archives Month in
the Town of Leesburg. We encourage ail residents of Leesburg,
Virginia, in this the year of our 250~h anniversary, to visit Thomas Balch
Library to take advantage of the unique archival resources available
there and to thank the archivists and archival workers for making
information accessible to all who walk through the repository's doors.
PROCLAIMED this 14`h day of October. 2009.
g. Sister City Update (Samcheok, South Korea) -Robert Wilson
Mr. Wilson stated the sister city relationship with Samcheok is
strong. He stated 25 athletes and parents visited Samcheok, South
Korea. He stated some of the host families in Korea had children who
visited Leesburg last summer. He stated the people of the city of
Samcheok greeted them with open arms and welcomed them into their
homes. He discussed differences and similarities between the children.
He stated this was a great opportunity for the children, some of whom
had never been outside the country. He stated the Samcheok
government treated them very well. He stated these two cultures and
peoples both have the drive to win and succeed. He urged the Council
to pursue business opportunities with Samcheok and consider an
informal diplomat to the City of Samcheok. He also urged the Council
to consider travel opportunities to visit Samcheok.
h. INOVA -Update on Cornwall Campus
There being no speakers for INOVA, this item was deferred.
i, Town of Leesburg Annual Report
Betsy Fields presented the Annual Report to the Council. She stated it
will be posted on the website and available for download tomorrow.
8. PETITIONERS
The Petitioners section was opened at 8:20 p.m.
Because of the large number of Petitioners, Council asked speakers to limit
their comments to three minutes.
Glenn Voat. 247 Edwards Ferry Road, spoke regarding his concern over the
proposed improvements to Woodberry Road. He stated the homes in the area are
well maintained and landscaped. He stated he is in opposition to most of the project,
particularly the imposition of a sidewalk and the impact the project will have on the
south end of Woodberry. He stated one of the goals of the project is to enhance the
Town's character, which he feels will be negatively impacted by removal of trees and
shrubs. He stated he does not feel Woodberry is unsafe for pedestrians. He urged
Council to remove the sidewalk from this project and to limit the impact of the project
on Woodberry Road.
Town Council Meeting of October 14 2009 Paae 6
Melissa England, stated she lives on Edwards Ferry Road across from the
Patton's house. She stated Loudoun residents used to grow all their own food but
developers came in and put in developments next to the farms and the residents of
the developments did not like the smell of the farms. She requested Council preserve
the character of the Town. She stated there is no proof that Woodberry Road is
unsafe for pedestrians, She stated the majority of the residents of Woodberry Road
do not want the sidewalks.
Peter Kalaris, representative of Washington Virginia Traditional Development
Sites, Inc. stated he is here to comment on the Traditional Design Option. He stated
a year ago, he started meeting with KSLB (Keep Leesburg South Beautiful) and
anyone else who would meet. He stated they tried to take in to account any concerns
that were heard. He stated for the record if the TDO is passed it is his intention to
move forward immediately with a preliminary plan and to live up with commitments
and the settlement agreement. He stated they would also move forward with a Town
Plan amendment for the retail center.
Charles M. Smith, 716 Donaldson Lane, stated he favors the removal of the
SW Connector trail from the CIP, He suggested applying the savings to other needed
projects. He stated he does not feel this type of project should be done in a secluded
place because it causes problems for police.
Juan Bocher, 398 Clagett Street, SW, stated he is a member of KSLB and a
representative of Fairway Manor Homeowners Association. He stated the TDO has
less to do about design than about settling a lawsuit. He stated there should be no
adverse fiscal impact on the Town and County. He asked for an independent analysis
on the numbers provided by staff, He stated proffers only account for 30% of the
cost of a development. He stated Fairway Manor opposes the TDO.
Robert Montgomery, 121 Woodberry Road, encouraged Council to adopt staff
option #2. He stated this would solve the drainage problems. He stated the
community will be better served by the scaled down version. He stated people would
not use the street if it were unsafe.
Ann Bollinger, 406 Salyer Way, stated she represents the HOA and is also
representing 1800 petitioners as part of Keep Leesburg South Beautiful. She stated
she opposes the TDO concept and hoped to see an independent, unbiased analysis by
Town Staff. She stated she has not seen the details that go into the numbers. She
stated the commercial component has not been approved and should not be
considered. She stated Council owes the citizens an unbiased analysis including a
traffic study and an impact study. She stated Council should wait for all the
assumptions and details on how the numbers were attained. She stated the parcel
includes limestone soils and has a sinkhole. She stated the Southwest does vote and
expects Council to represent them.
Carl Golovin 125-C Clubhouse Drive, SW, #6, stated he supports the concept
of connecting the community with other parts of Leesburg; however, his community
was left out of the planning process for a project that will have a substantial impact
on it. He discussed options that would be preferable for siting of a path. He asked
that Council defer proceeding with Phase III until Country Club Green agrees to how a
path should affect the community. He agreed a sidewalk to Route 15 would be
beneficial.
Town Council Meeting of October 14 2009 Page 7
Burt Hall, 116 Woodberry Road, stated he is a newcomer to the neighborhood
since 1986. He stated he opposes the road improvements as unnecessary. He stated
he believes they will take away from the community and increase the speed of traffic.
Melanie Cuozzo, 120 Woodberry Road, stated she supports the sidewalk
proposal. She the recommendation of curb and gutter with sidewalks with little loss
of trees should appeal to everyone. She stated the number of trees that would be
lost is 4-5. She stated the proposal meets all the recommendations of connectivity
and safety. She stated children walk to the school bus on that street. She stated just
because an accident has never happened there, does not mean it will never happen.
She noted the addition of curb and gutter will narrow the street limiting the options of
where to walk. She questioned why one street in the center of Town should be kept
rural looking. She stated the majority of owners wanted the sidewalks deleted, but
the vote was only 8-6.
John Moroan, 229 Edwards Ferry Road, stated he believes lack of sidewalks is
a safety concern. He stated he is an emergency room physician. He stated there are
things we can do to improve the safety of the area in which we live. He quoted a
study on pedestrian safety which concludes with atwo-fold increase in pedestrian
safety with the installation of sidewalks. He stated he understands the need for
preservation of the beauty of the Town. He noted only the residents of the street
were polled, but the neighbors in the surrounding area that have children would like
to have sidewalks. He urged Council to follow the Town Plan, which encourages
walkable neighborhoods.
Robert Patton, 248 Edwards Ferry Road, stated the proposed project will cause
a number of trees and shrubs to be removed. He stated the road will need to be
widened at the south end where Woodberry meets Edwards Ferry Road, which will
cause the loss of trees close to the widened area. He stated in April, his house was
one of five homes open to the public for the historic garden tour which raised money
for the community. He stated people came to the house because it is of historic and
unique nature. He stated a sidewalk will increase speed and accidents.
Sandra ComD, 31 linden Hill Way, stated Linden Hill is opposed to
Meadowbrook. She stated she cannot understand the S. King Street Widening
project. She stated they have not been included in any decisions that have been
made. She questioned what good widening Rt. 15 will do if it just narrows down
farther down the street. She protested the elimination of the ability to make a left
turn out of her development. She requested the neighborhood be included in the
decision making process.
Catherine Patton, 248 Edwards Ferry Road, stated she does not believe there
is a safety issue on Woodberry Road. She stated there has never been an accident or
incident involving pedestrians on Woodberry. She stated widening of Woodberry will
cause the road to be widened and increase speeds. She noted the ambivalent owners
are at the north end of the street,
Curtis Kema, 302 Edwards Ferry Road, stated he served in the US Navy. He
stated he retired from the Navy and moved to Leesburg because of the charm and
appeal of a historic home. He stated the Woodberry Road project will deface his
property. He stated he fully supports rectifying the drainage problem, but asked the
sidewalk be deleted from the project.
Town Council Meeting of October 14 2009 Page 8
Neil Steinberg, 139 Woodberry Road, stated a result of this project may result
in the substantial loss of front yards. He stated the loss of sidewalk here does not
impede transportation in the Town, but widening the street will make traffic move
faster. He stated Woodberry Road does not see a lot of vehicular traffic. He stated
there is a lot of pedestrian traffic. He stated the opening of Queen and Catoctin Circle
will cause a further decrease in traffic on Woodberry,
Dinah Callahan, 125N Clubhouse Drive, stated she is president of the Board of
Directors of Country Club Green. She stated progress is not always good. She stated
she has lived in Leesburg for a long time. She stated Country Club Green has some
undesirable visitors and tenants. She stated they are concerned about additional
non-residential traffic in her community as well as pet waste. She stated the millions
of dollars would be better spent elsewhere. She questioned why a trail would be
designed around the high school. She asked the Council not to be hasty in making a
decision.
Ann Jansen, 105 Balch Springs Circle, stated they have been working on
Meadowbrook for six years. She thanked all those involved in the project. She stated
the Town has shown a commitment to going above and beyond by including the
public in the process to ensure a positive outcome on this parcel. She thanked the
developer for reaching out to the public and including them in the process. She
stated the outcome of the partnership is a true compromise between Town goals, the
developer's bottom line, and the citizen's desire for balance and fiscal responsibility.
She stated the landowner has reached out and worked with the Town staff and all
parties involved to develop a plan that is reasonable and satisfies the objectives of
KSLB and the Town. She stated she believes the Town has met its obligation in
showing this plan does result in a net positive outcome. She stated she looks forward
to working with the developer and staff to develop the commercial site. She stated
for the record the petition was 1385 votes.
Thomas Stokes, 231 North Street, N.E., stated he is opposed to the plan to
widen the street and add a sidewalk on Woodberry. He stated North Street is
relatively wide with sidewalks on both sides. He stated cars rarely travel at 25 mph
on North Street. He stated narrow lanes improves safety and slows down traffic. He
stated the project would eliminate on-street parking on most of Woodberry. He
stated the rustic nature of the street is endearing. He stated the improvements
would invite an increase in traffic and speeds.
Karen Morgan, 229 Edwards Ferry Road, thanked Staff for the survey and
study. She stated she walks almost daily on Woodberry Road. She stated she feels
stressed when walking on Woodberry because she has to worry about cars. She
stated the opinion of people who do not live on Woodberry was not taken into
account.
Charles L. King, 414 Lacey Court, thanked Ms. Irby for taking time to talk to
him. He stated he is a member of KSLB and they feel the R-1 is the best use for this
property. He stated he does not see this ending well for the Town and the families in
Leesburg. He stated there is no guarantee the Town will get the right of way. He
stated there is no guarantee the density will remain at 1.6 units. He stated until the
site plan is brought in, Mr. Kalaris could do something different. He stated he has
never seen a legal transaction structured in this manner. He stated he appreciates
this is a difficult decision with a lot of financial considerations involved. He asked that
Council not pass this ordinance.
Town Council Meeting of October 14, 2009 Page 9
Mary Barnes, 36 Linden Hill Way, stated she is one of the original residents of
Linden Hill. She stated the right turn only situation for Linden Hill will cause a
"sticking point" in the ability to sell Linden Hill properties. She stated asked Council
to request VDOT come up with a different solution.
Katherine Kirbv. 119 Woodberry Road, stated she is thrilled to live in a
community that has such concern about their quality of life. She stated she lives in
one of the houses that would benefit from street widening and improvement. She
stated she would like to see sidewalks, but not on Woodberry Road. She suggested
sidewalks on Edwards Ferry Road near the Sheetz. Further, she suggested a sidewalk
on Old Waterford Road near the emergency room. She stated Woodberry is a quiet
street.
Sam Stowers, 22 Linden Hill Way, S. W., stated the right turn only out of
Linden Hill is a safety issue, He stated school busses and emergency vehicles will
have to make a u-turn after leaving the neighborhood. He stated this will negatively
affect the property values in linden Hili. He asked Council to reconsider the right turn
only.
Mayor Umstattd read the following comments from Ann Robinson, 129M
Clubhouse Drive, into the record:
"As I write, my son is training with the Army in Arizona, for a new
specialized skill that will result in his being deployed to the Middle East
for the second time. You who have children can probably imagine the
terror that realization strikes in my heart. The fact that he would re-
enlist and return after riding in helicopters being riddled with bullets
...and crouching in trenches waiting for the next mortar round.... after
burying two comrades...... can mean only one thing: he serves his
country with pride and courage.
Maybe he learned that from his father, a combat veteran himself.
Maybe from his great uncle... a POW. Maybe from his cousin, a
Marine in Desert Storm.
How do I bear the sleepless nights and the endless anxiety of his
patriotism? Badly, mostly, but the one comfort that comes to me is the
belief that our country, America, truly is a shining light of Freedom and
Liberty...a Beacon to the world.
Please do not simply say, "Thank you for your service." Gratitude is
meaningless unless lit by the fire of commitment... unless you can
match his courage with courage of your own. Because, Freedom is not
preserved in the mountains of Afghanistan, if liberty dies in the Halls of
Councils such as this one.
If a community can be forced against its will to yield its land for the
recreation of its neighbors who-- dissatisfied with all that God has given
them-- feel the need to take someone else's cherished property for
their convenience, as well.... then our Bill of Rights that defends
against such tyranny is severely damaged.
Town Council Meeting of October 14, 2009 Page 10
Standing up to the affluent power of the political forces who demand
this boon, will take extraordinary courage on the part of some of you.
You realize that we on Clubhouse Drive cannot match the power and
money of those who would deny our dignity, self-determination and
peace. But the preservation of Freedom requires no less. This is the
partnership that must prevail: Soldier, Citizen and Council....
courage and commitment from all -- or Liberty will fade. The sacrifices
of so many will be reduced and withered in their meaning.
The process for Trail A3 was flawed in serious ways, as demonstrated
and documented at the last Council Meeting. I believe that you all can
summon the courage to act with principle now that you have this new
factual understanding, ...and demonstrate that although human rights
may be won on the battlefield, they are secured only in the acts-- large
and small-- in Halls such as these."
The Petitioner's section was closed at 9:40 p.m.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following consent agenda was proposed:
a. Authorizing a Time Extension for Completion of the Public
Improvements and Approving a Performance Guarantee for Fort Evans
Plaza II; Fort Evans Plaza II-Battlefield Parkway Ext.• and Fort Evans
Road Improvements at Fort Evans Plaza II
RESOLUTION 2009-108
Authorizing a Time Extension for Completion of the Public
Improvements and Approving a Performance Guarantee for Fort Evans
Plaza II; Fort Evans Plaza II-Battlefield Parkway Ext.; and Fort Evans
Road Improvements at Fort Evans Plaza II
b. Accepting Public Improvements, Releasina the Performance Guarantee
and Approving a Maintenance Guarantee for Public Improvements at
Potomac Crossing Section 10
RESOLUTION 2009-109
Accepting Public Improvements, Releasing the Performance Guarantee
and Approving a Maintenance Guarantee for Public Improvements at
Potomac Crossing, Section 10
c. Awardina the Airport Instrument Landing Svstem (ILS) Grading and
Drainage Improvements Construction Contract
RESOLUTION 2009-110
Awarding the Airport Instrument Landing System (ILS) Grading and
Drainage Improvements Construction Contract
Issuing Concurrence for Sewage Disposal Pump and Haul Permit by
Loudoun County Board of Supervisors for Philio A. Bolen Park
Town Council Meeting of October 14 2009 Page 11
RESOLUTION 2009-111
Issuing Concurrence for Sewage Disposal Pump and Haul Permit by
Loudoun County Board of Supervisors for Philip A. Bolen Park
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Amending the Town Code Regarding Blasting Permits and Explosives
(Chapter 16 Article II) Graffiti Prevention and Removal (Chanter 24,
Article III) Unlawful Noise (Chapter 24, Article 5), and Parking of
Vehicles Not Powered by Internal Combustion Engines (Chapter 32
Article IV
The public hearing was opened at 9:41 p.m.
Ms. Irby stated some of these are housekeeping changes, but some are
not. She stated when the Town updated the code this summer, Municode
removed the specific blasting requirements with respect to the Town. She
stated the Fire Chief has asked that be reinstated. She stated the second
change is to the noise ordinance and like most noise ordinances in Virginia
became unenforceable because of the lack of a specific standard. She stated
the proposed draft includes specific behaviors will trigger response by the law
enforcement community. She stated the third change is to regulate graffiti
and the cleanup of graffiti. She added a next change conforms the present
practice of enforcement of non-combustion engine vehicles to the code.
There was discussion regarding the removal of graffiti from private
property and the cost to the owner/victim.
Ms. Irby stated it is felt that allowing graffiti to remain encourages
other vandalism and more graffiti. She stated this has been drafted in
conjunction with other jurisdictions. She noted the property owner would be
given notice and an opportunity to have the graffiti removed, but upon failure
to do so, the Town would remove the graffiti and charge the property owner
for the cleanup. She stated if the perpetrator is located and restitution is
ordered, then the property owner would be reimbursed for the cost.
Council Member Wright questioned whether graffiti cleanup would be
covered by homeowner's coverage.
Ms. Irby stated in many cases, it would be covered.
Mayor Umstattd stated the way this is drafted, it sounds like the
property owner could be double victimized.
Ms. Irby stated she understands the concern, but does not have an
effective way to address it as it would need to be handled as other public
nuisances are handled.
Town Council Meeting of October 14 2009 Paae 12
Council Member Martinez questioned what type of vehicles are targeted
under the parking ordinance. Further, he questioned whether electric and
alternative fuel vehicles would be included.
Ms. Irby stated boat trailers and vehicles without engines. She stated
language could be added to clarify.
Council Member Reid stated the word "excessive" noise is vague and
wondered if a decibel standard could be used.
Ms. Irby stated since the Town police department does not have the
equipment to use the decibel standard, the ordinance had to use anon-decibel
standard.
Council Member Reid suggested a change on page 5 to the word
"erecting". Further, he added he is concerned with paragraph 10 on page S.
He noted on page 6, he is concerned about the text regarding barking dogs.
He questioned why a time period of applicability could not be added.
Ms. Irby stated it refers to the 30 minute time limit that is also held in
the Animal code section.
Council Member Reid suggested adding the text "after sundown until
dawn". He expressed concern that this could be used by one neighbor against
another in a spiteful manner. He questioned whether there is anything that
can be done about dilapidated buildings.
Ms. Irby stated they are looking at the options to further encourage
property owners to take care of their property.
Mayor Umstattd questioned whether the Town could treat graffiti
remediation differently for residents who qualify for tax relief. She stated
property owners who can least afford to clean it up are the most likely to be
affected.
Council Member Wright stated adding the term "may" instead of "will"
can give the Town Manager the latitude to deal with these cases as necessary.
Ms. Irby stated the language would be included in the ordinances as
discussed.
Vice Mayor Hammier stated this does not target the person responsible
for the graffiti. She questioned what best practices are in other communities.
There were no speakers for this public hearing.
The public hearing was closed at 10:01 p.m.
Council Member Dunn expressed concern that some may view this as a
judgment call and should be revisited.
Ms. Irby stated procedures would be developed to make sure the
ordinances are applied fairly and evenly to everyone.
Town Council Meeting of October 14, 2009 Page 13
Council Member Martinez made a motion to approve the following with
amendments as discussed:
ORDINANCE 2009-0-016
To Amend Section 182 of Article V (Offenses Against Public Peace and
Order) of Chapter 24 (Offenses and Miscellaneous) Regarding Noise to
Conform to State Law
ORDINANCE 2009-0-017
Amending Chapter 24 (Offenses and Miscellaneous Provisions), Article
III (Offenses Against Property) of the Leesburg Town Code to Add an
Additional Section Regarding Graffiti Prevention and Removal
ORDINANCE 2009-0-018
Amending Article V (Stopping, Standing and Parking) of Chapter 32 of
the Leesburg Town Code (Traffic and Vehicles) to Add an Additional
Section Regarding Unlawful Parking of Vehicles Not Powered by Internal
Combustion Engines
ORDINANCE 2009-0-019
Amending Chapter 16 (Fire Prevention and Protection), Article II (Fire
Prevention Code) of the Town Code to Add Additional Sections
Regarding Blasting Permits and Handling of Explosives
The motion was seconded by Council Member Reid and was approved
by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
11. ORDINANCES
a. TLOA 2009-0004 Traditional Desian Option - Zonina Ordinance Text
Amendment
Chris Murphy stated there have been no changes since the issue was
brought to the meeting on September 22. He reviewed several points
including Planning Commission recommendation for approval by a vote of 7-0
and staff recommendation for approval.
On a motion by Council Member Martinez, seconded by Council Member
Butler, the following was proposed:
ORDINANCE 2009-0-020
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
Council Member Martinez stated he believes this is a good solution. He
stated he understands that not everyone will be happy, but the density is
good. He commended the property owner for working with the Town on a
good solution.
Town Council Meeting of October 14, 2009 Paae 14
Council Member Butler stated after studying this, the Town's R-1 zoning
is much stricter than surrounding jurisdictions. He stated under our R-1
zoning, this property could not be developed. He stated all the possible likely
outcomes of a negative vote on this issue would result in much higher density.
He stated there is a chance that the developer is not being truthful, but the
outcome would still be better than where the Town is today. He noted that
with the concessions in bonus density come $10 million in road improvements
which are critical for the Town to improve commutes. Further, he noted the
surrounding communities are developed at an R-4 density and this bonus
density would only be 40% of the density of the surrounding communities.
Council Member Dunn stated this will affect all of Leesburg, not just the
Meadowbrook property and could have far reaching impact. He commended
staff for the time and effort put into this option. He stated if this is such a
good option, it should not be limited to parcels that are more than 50 acres.
Mr. Murphy stated there was concern that a smaller property would not
be able to accommodate some of the features that are written into the
Traditional Design Option. He noted many of the smaller R-1 properties in
town are already developed.
Council Member Dunn suggested the Traditional Design Option address
concerns about schools, traffic, and recreation, which are things that would be
addressed in a rezoning process. He noted an off-shore conglomerate owns
the Forestier property and there have been no plans for that property in the
past 20 years. He stated past and present Town Councils have never abided
by the Town Plan. He stated there is no guarantee that a future developer of
the Meadowbrook property will not change things. He stated he feels it is bad
zoning and cannot vote for it.
Vice Mayor Hammler questioned the guarantees that approval of this
text amendment would have.
Ms. Irby stated this has been fully vetted by herself and a legal team
provided by VACO. She stated if Mr. Kalaris does nothing with this property
and the Town has to acquire the property, the lawsuit still goes away. She
stated the Town is no worse off than if it had to acquire right of way as a result
of losing the lawsuit. She stated the Crosstrail lawsuit was settled by Loudoun
County to a successful resolution. She stated there is always a possibility that
a future Council, elected by the people of Leesburg, could decide something
different, but that is always a possibility with any property. She stated she
believes this protects the Town as much as possible.
Vice Mayor Hammler thanked everyone for their years of research and
hard work. She stated in looking at the Traditional Design Option as part of
the settlement, it does include 20 acres of parkland which has not been
addressed. She stated the Route 15 widening and the Battlefield right of way
are both beneficial. She stated she appreciates Ms. Jansen's comments given
how deeply she has been involved in this process. She stated she feels this is
the best compromise at this time.
Town Council Meeting of October 14 2009 Page 15
Council Member Wright thanked the residents for their involvement in
this issue. He stated it was clear that they did not want a higher density of
two units or greater and he feels this is a way to arrive at a density that is as
low as it can be while providing a net positive to the community. He stated it
resolves a lot of issues, particularly with the widening of Route 15 and right of
way for Battlefield Parkway. He noted in the past, the County has requested
the Town take the proffers for roads rather than schools. He asked that it be
kept in mind that this is a by-right situation. He stated this option gives a lot
in return for the increased density, probably more than would be achieved with
a rezoning. He stated there will definitely be people in the community who are
disappointed, but there are those who are see this as a good compromise. He
stated he looks forward to seeing Mr. Kalaris come in with a site plan soon.
Council Member Reid questioned whether the children from this
proposed community would attend Evergreen MiII Elementary.
Council Member Martinez stated he spoke with Dr. Sam Adamo
specifically to address the issue of where the children would go to school. He
stated this potential plan would add approximately 77 students and Evergreen
Elementary still has capacity so no one would be moved from Evergreen as a
result of this approval; however, there is an additional elementary school
planned for Leesburg, so the boundaries will be changed regardless of this
project.
Council Member Reid stated he appreciates the great turn out from the
southwest communities. He thanked staff for the immense amount of work
done in trying to settle the lawsuit and stated this certainly shows the new
attitude in trying to be business friendly. However, he stated this is not the
way to handle what should be a rezoning and could lead to other lawsuits from
R-1 property owners. He stated this is less about traditional design and more
about settling a lawsuit. He stated his belief that using a regulatory approach
instead of a rezoning denies the Town proffers for Ida Lee, the fire department
and the schools. He stated the proposal increases the density on both the
Meadowbrook property as well as the Forestier property. He reviewed what
the developer might have to proffer if the rezoning process had been used to
get the increase in density. He noted the students from Evergreen Meadows
are bussed down Evergreen Mill Road to Sycolin Creek, whereas the students
from Meadowbrook would be allowed to attend Evergreen Mill because their
development is adjacent to the elementary school. Further, he stated the
donation of land for Battlefield Parkway and South King Street is very
generous and he fully supports them; however, he stated there are no funds it
the CIP for Battlefield or the widening of South King Street. He stated the
overwhelming number of southwest residents want no improvements, just to
be left alone with no adverse impact. He stated as elected officials, it is the
Council's duty to do what the citizens want. He stated the constituents in this
part of Town oppose this amendment except for Ann Jansen of Evergreen
Meadows. He stated the best proposal that has come before Council for this
property was the active retiree community in 2006.
Mayor Umstattd stated she will be voting against this text amendment.
She stated staff has worked hard and Council Members have given it a lot of
thought. She stated to go against what 1400 citizens want, Council undercuts
the Town Plan. She stated the majority of the community has been very clear
Town Council Meeting of October 14 2009 Page 16
that they want R-1 without additional density. She stated undercutting what
the community wants is undercutting a basic principle of representative
government. She noted the Traditional Design Option appeals to her
aesthetically, but she does not live in the neighborhood. She stated she
cannot rely on the commercial component to provide revenue for the Town
because the commercial component could encounter significant community
opposition. She agreed with Council Member Reid that the Town does not
have the money to build Battlefield Parkway and widen Route 15. She stated
the unimproved open space does nothing to take the pressure off Ida Lee, so
in her mind it has no monetary value. She added the school issue is of
paramount importance. She stated parents have a higher standard as to what
constitutes a good learning environment than the representatives of the school
system. She stated those representatives do not spend time in the crowded
classrooms. She stated her feeling that this proposal does nothing to prevent
a future lawsuit and is a violation of good planning practices. She stated this
development will fill some of the additional lane miles that we are hoping to
get right of way for.
Council Member Martinez noted the zoning stays R-1 under the
Traditional Design Option. He questioned how the applicant gets the additional
density.
Ms. Irby stated the applicant gets additional density by making the
dedications set forth in the agreement; without the dedications, he does not
get the added density.
Council Member Martinez stated he understands the concerns of
parents with regard to the educational impacts; however, the Council cannot
do much about those other than get proffers for school sites. He suggested
more concerned citizens run for the school board. He stated the school proffer
money is spread throughout the county, not kept in the Town. He questioned
if the applicant does nothing, but the Town is ready to build Battlefield
Parkway or widen Route 15, what happens? He questioned what would
happen if the Council fails to pass the Traditional Design Option text
amendment?
Ms. Irby stated the applicant will get no increased density if the right of
ways are not dedicated. Ms. Irby stated she would assume that if Council fails
to pass the Traditional Design Option text amendment, Mr. Kalaris would not
dismiss his lawsuit. She noted that litigation is very expensive and the price
would include outside counsel and discovery fees.
Council Member Martinez noted there are 43 lots fronting on Route 15,
which could ail be potentially points of litigation if driveway permits are not
approved.
Ms. Irby stated those 43 lots were not included in the initial application;
however, they are included in the Traditional Design Option. She stated the
agreement includes no driveways opening on Route 15 and a buffer between
Route 15 and the development on the property.
Council Member Martinez noted he does not feel that proffers are the
best way to get things from developers because there is no control unless the
Town Council Meeting of October 14 2009 Page 17
developer offers it. He stated he prefers impact fees. He noted Council
Member Reid's example of the housing for the elderly was almost double the
number of units. He stated he felt this is a pretty good deal. He questioned
how Affordable Dwelling Units (ADUs) fit into this.
Ms. Irby stated under a rezoning scenario, a developer is required to
use ADUs to get additional density; however, under the Traditional Design
Option, the developer will get no additional density for ADUs. She added there
is an option under by-right development to buy out of ADUs.
Council Member Martinez noted if the Town can get the right of way
dedication for the Route 15 widening by January 1, stimulus funds may be
available for the widening. He stated the money that has been set aside for
right of way can be applied to other areas. He summarized that this is a
contract that has been approved with unanimous recommendation by Planning
Commission and staff. He stated the Town negotiated in good faith on this
and in the past, the Town has been accused of being anti-business friendly so
if the Council did not want this, they should not have given the go ahead to
negotiate. He questioned Council Member Reid's numbers regarding PMW
Farms, but he stated he gives Council Member Reid the benefit of the doubt,
since he has not reviewed them. He questioned how much a fiscal impact
study costs.
Mr. Wells stated depending on the size of the project, it could range
anywhere from $2,000 to $10,000.
Council Member Martinez stated he knows people are suspicious of staff
making up numbers, but he trusts staff. He stated the Town could spend a lot
of money getting impact studies on every project. He stated he trusts staff,
the Planning Commission and the process that the Council started nine months
ago.
Council Member Dunn made a motion to add language to the
Traditional Design Option that the developer address the needs of the Town
concerning schools, roads, ADUs, parks and recreation, and fire and rescue.
The motion was seconded by Council Member Reid.
Council Member Dunn stated it is important going forward to address
these things, not just for Meadowbrook, but for other properties. He stated
this would require the developers to address these areas, which are woefully
lacking in the present proposal.
Council Member Reid stated his numbers on PMW Farms came directly
out of the proffer statement. He noted he did not vote to approve PMW Farms
because he felt the proffers were not good enough. He stated he supported
Council Member Dunn's amendment because there is more impact with a
community like this. He said the active senior housing proposals, while having
more units than what is proposed tonight, would have no impact on the
schools.
Council Member Butler noted any amendment to the Traditional Design
Option enables an Opt Out Clause for the developer.
Town Council Meeting of October 14 2009 Page 18
Council Member Wright noted several parts of the list are already
addressed in the Traditional Design Option. He stated ADUs are specifically
addressed so as not to allow additional density. He stated open space is
addressed and because one of the requirements is access to a major roadway,
transportation is addressed. He stated a blanket amendment would cause
confusion and make enforcement difficult.
The motion to amend failed by the following vote:
Aye: Dunn, Reid and Mayor Umstattd
Nay: Butler, Hammier, Martinez and Wright
Vote: 3-4
vote:
The motion to approve 2009-0-020 was approved by the following
Aye: Butler, Hammier, Martinez and Wright
Nay: Dunn, Reid and Mayor Umstattd
Vote: 4-3
12. RESOLUTIONS
a. Awarding the Contract for Water Storage Rehab Work
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following was proposed:
RESOLUTION 2009-112
Awarding the Contract for the Recoating and Rehabilitation of Carr #1
and Hogback Mountain Water Storage Tanks
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
b. Aoorovina Addendum #7 to the Hazen & Sawver, P.C., Enaineerin
Services Contract to Provide Services During the Recoating and
Rehabilitation of Carr #1 and Hogback Mountain Water Storaae Tanks
On a motion by Council Member Martinez, seconded by Council Member
Butler, the following was proposed:
RESOLUTION 2009-113
Approving Addendum No. 7 to the Hazen and Sawyer, P.C. Engineering
Services Contract to Provide Services During the Recoating and
Rehabilitation of Carr #1 and Hogback Mountain Water Storage Tanks
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
c. Authorizing the Town Manager to Execute aTown/VDOT Agreement for
the South King Street Widening Project
On a motion by Council Member Reid, seconded by Council Member
Butler, the following was proposed:
Town Council Meeting of October 14 2009 Page 19
RESOLUTION 2009-114
Authorizing the Town Manager to Execute aTown/VDOT Agreement for
the South King Street Widening Project
Mayor Umstattd questioned whether support for a cut through for
Linden Hill Way could be included in some way.
Mr. Wells stated because of the agreement's procedural nature, it will
have to go back through the VDOT approval process. He stated if Council
wants the project, but is looking for modifications, it could be written as a
separate letter.
Mayor Umstattd suggested adding this to the motion.
Council Member Reid asked to amend the resolution to add the
language "and desires that VDOT approve a median break at Linden Hill Way
to accommodate left (northbound) turns out of the community.
Council Member Butler agreed to this friendly amendment.
Mr. Brandon stated approval of the median break is a mixed approval of
the Town and VDOT. He stated in general, VDOT is going to strongly
recommend deferring final decision on this to the Town.
Council Member Dunn questioned whether writing it into the contract
would be the best way to do it.
Mr. Weiss stated this could cause VDOT not to approve this contract.
He stated the timeline is fairly tight to meet stimulus requirements. He stated
putting it on the contract may not help as much as a direct conversation. He
recommended not touching the contract.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
13. OLD BUSINESS
a. Rules of Order/Ethics
Council Member Martinez requested deferral until the October 27
meeting due to the lateness of the hour.
14. NEW BUSINESS FOR ACTION
a. Woodberry Road Capital Improvement Project
On a motion by Vice Mayor Hammler, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2009-115
Amending the Woodberry Road Capital Improvement Project by
Deleting the Installation of a Sidewalk
Town Council Meeting of October 14 2009 Paae 20
Vice Mayor Hammier stated there were many residents who were in
favor of sidewalks on Woodberry Road, but due to the overwhelming number
of residents who were not in favor of sidewalks citing fiscal impact, tree
preservation, and preservation of the character of the neighborhood, she
would support deleting the sidewalk.
Council Member Dunn stated he is torn because of the citizen response.
He stated people have a desire to keep their neighborhoods the way they are,
but he feels for the safety concerns. He stated he knows that sidewalks offer
safety for children. He added the decisions that are made today are for the
citizens of tomorrow. He stated sidewalks are generally a goal for the Town
and this body has a problem in keeping with the Town Plan in its zeal to
accommodate the citizens. He thanked the citizens for coming out and
expressing their views in emails.
Council Member Wright stated he is torn on this because as the
discussions have gone on, there are good points on each side of the issue. He
stated the hardest issue for him is there will be significant impact on two
historic homes. He stated the other issue is in making the street feel wider
with curb and gutter, speeds will increase making sidewalks more necessary.
He stated he appreciates the community input.
Council Member Butler stated he does have great concern about the
houses on the corner that will be impacted. He stated he feels safety is of
great concern. He stated he will be supporting this.
Council Member Reid questioned where the existing sidewalk on
Woodberry Road is. He questioned whether the sidewalk could be built part
way down the street.
Mr. Brandon stated there is sidewalk on both sides at the north end of
the street. He noted the majority of those supporting the sidewalk live on the
east side. He stated the ADA requires the sidewalk go somewhere.
Ms. Irby stated she would have to rely on Mr. Brandon`s expertise and
would have to accept the sidewalk needs to connect.
Council Member Wright pointed out on the Wilson/Pershing project, the
sidewalk stopped at a stone wall, but technically the driveway could be used as
a turn around.
Mr. Brandon stated that ADA tries to have the sidewalk not lead to a
dead end so wherever it stops, it needs to be appropriate.
Council Member Reid proposed an amendment to build the sidewalk on
the east side from 117 Woodberry Road to North Street.
The motion to amend was seconded by Council Member Butler.
Council Member Dunn stated he believes this will cause some ADA
issues. He stated he felt a good alternative would be to have the sidewalk on
the east side only.
Town Council Meeting of October 14 2009 Page 21
Mr. Brandon stated that would only require a slight widening of the
road if the sidewalk was only built on the east side. He stated the street would
be widened proportionally on both sides to accommodate the widening and
sidewalk. He noted the majority of those that want the sidewalk are on the
east side,
Vice Mayor Hammler stated out of respect for the citizens that have
been involved in this process, she would support tabling this item rather than
having new options presented without having the opportunity to fully
investigate them.
Council Member Wright stated without knowing each property owner's
views on this, Vice Mayor Hammler makes a good point. He stated Council
owes it to the community to have the opportunity to voice their opinion.
Mayor Umstattd stated this does not solve any problems as a partial
sidewalk does not solve the safety issue. She stated she cannot support the
partial sidewalk.
Council Member Reid withdrew his motion to amend. He stated it is
clear the curb, gutter and drainage needs to go through; however, he would
like staff to work with the community on options for sidewalks.
Vice Mayor Hammler stated the greatest number of residents do not
want a sidewalk.
The motion was approved by the following vote:
Aye: Dunn, Hammier, Martinez and Mayor Umstattd
Nay: Butler, Reid and Wright
Vote: 4-3
Council Member Reid made a motion to have staff work with the
community to come up with a partial sidewalk option. The motion was
seconded by Council Member Dunn.
Council Member Wright cautioned that the project will include
conversations with the neighborhood, but further discussions regarding a
partial sidewalk may cause an increase in scope.
Council Member Dunn stated if further conversations with the
community are not part of the resolution, he may rescind his vote.
Mr. Dentler assured the Council that the community knows that curb,
gutter and sidewalk were the components of the project, He recommended
that Council stay with their decision.
The motion failed by the following vote:
Aye: Butler, Dunn and Reid
Nay: Hammler, Martinez, Wright and Mayor Umstattd
Vote: 3-4
b. Southwest Connector Trail
Town Council Meeting of October 14 2009 Page 22
On a motion by Vice Mayor Hammler, seconded by Mayor Umstattd,
Option 3 was proposed (to eliminate the section from Chancellor Street to
Clubhouse Drive known as Phase III).
Vice Mayor Hammler stated she supports the fact that the residents are
unanimously against this section of the trail going through their parking lot.
She stated they are citing safety issues and other ramifications. She stated
the process was flawed in for this project.
Council Member Wright stated he cannot support this option. He stated
he would prefer to defer the construction, have the conversation with the
community as to the other alignments, design modifications, materials, etc.
He stated he understands the governing boards of the communities are
unanimous in their opposition to the alignment; however, some of the
residents are not opposed. He stated given an opportunity, there must be a
better way to address this rather than throwing out the entire Phase III.
Council Member Butler stated the process was not flawed; it followed
the standard Town process that all projects follow. He stated the Trails
Committee was charged with looking at the Southeast/Southwest and a
number of trails options and presenting them to Council. He stated discussing
these options with every neighborhood that might be affected was not part of
their charter and would have been overly burdensome. He stated the Council
chose to put this on the CIP and the normal Town process was followed. He
stated he would be enthusiastic about trying to find a process that would make
citizens aware of something earlier in the process so that we would not be in
the situation we are in tonight trying to modify things as they begin design and
construction.
Council Member Dunn stated the point of calling this flawed was an
effort to point the blame at the process. He stated there were residents in the
Chancellor Street neighborhood were surprised that the trail was going
through their neighborhood. He questioned whether Council would have
proceeded with voting fora $7.6 million trails project knowing that the process
was flawed. He stated if Phase III is cancelled, he would not support the rest
of the project. He stated the original plan 10 years ago was voted down
because the Chancellor Street residents had the same concerns. He stated
there could be opposition to other parts of the project and questioned what will
happen then.
Mayor Umstattd stated she does not feel this portion of the project is
essential. She stated the original proposed alignment of the Chancellor Street
trail had reached $4 million and would have require private land acquisition.
Council Member Martinez stated the original Chancellor Street trail also
had environmental issues and road improvement issues because shoulders
would needed to be added to Dry Mill Road, which is in the County at the point
of connection.
Vice Mayor Hammler stated she did not want to imply that the Trails
Committee did not do great work. She was trying to say the Council must be
willing to embrace new information and take into account when citizens are
Town Council Meeting of October 14, 2009 Page 23
aware that something is impacting their neighborhood. Further, she added
this would save $1.55 million from the CIP.
The motion failed on the following vote:
Aye: Hammier, Dunn and Mayor Umstattd
Nay: Butler, Martinez, Reid and Wright
Vote: 3-4
On a motion by Vice Mayor Hammier, Option II (to defer indefinitely the
design and construction of the section from Chancellor Street to Clubhouse
Drive known as Phase III until such time as authorized by Town Council) was
proposed. The motion was seconded by Mayor Umstattd.
Vice Mayor Hammier stated because this so deeply impacts the
residents, she feels it is important to definitively state that there will be no
action until this is further taken up by Council.
The motion failed on the following vote:
Aye: Hammier, Dunn and Mayor Umstattd
Nay: Butler, Martinez, Reid and Wright
Vote: 3-4
On a motion by Council Member Reid, Option I (to defer construction of
the section from Chancellor Street to Clubhouse Drive known as Phase III for
90 days after the other two sections are constructed, and, in the meantime,
directing staff to continue working with the Tuscarora Creek Apartments and
Country Club Green Condominiums on alternative alignments and design
modifications that would reduce the impact to their neighborhood) was
proposed. The motion was seconded by Council Member Butler.
Council Member Reid stated he believes it is important to have a trail
connection to Chancellor Street because it was promised to that community
long ago. He stated he agrees with Council Member Dunn that the original
option 10 years ago would have been better. He stated he was an opponent of
the Southwest Connector when it was originally proposed. He stated the
Council needs to move forward. He offered a friendly amendment of the
language °including a concrete sidewalk on Clubhouse Drive" after the words
"design modifications".
Council Member Butler stated he would accept the alternative language
"concrete materials" as a friendly amendment.
Council Member Reid stated there is some interest in moving the trail
over out of the trees and the parking lot.
Council Member Butler stated the aim of this amendment is to say that
staff will work with the neighborhood to find alternate materials, widths and
alignments that would lessen the impact on the neighborhood.
Vice Mayor Hammier made a motion to amend to add the language
"and if no alternative alignments are agreed to by the neighborhood, then it
comes back to Council to determine whether to eliminate the section from the
trail".
Town Council Meeting of October 14 2009 Paae 24
Mayor Umstattd seconded the motion to amend.
Vice Mayor Hammier stated everyone is assuming there will be a
solution that can be worked out that is acceptable to the neighborhood. She
stated there may not be a way to do this that does not negatively impact the
neighbors.
Council Member Dunn stated the intention of one of the speakers is to
not do the trail system and in absence of the trail system, to have a sidewalk
going down the length of Clubhouse Drive.
Mr. Golovin stated this is a last minute suggestion to defer making
some very expensive decisions that the full community has not been involved
in. He suggested building a concrete mixed use path using the excess parking
lane from Route 15 to the entrance to Tuscarora Creek Apartments. He stated
the bridge across the bypass and the Chancellor Street connector could be
deferred.
Council Member Wright stated from a process standpoint, the vice
mayor's motion includes what would already be part of the process.
Vice Mayor Hammier pointed out it solidifies the need to return to
Council and implies there might be a higher cost that would need to be
addressed.
Mayor Umstattd agreed because the original motion does not imply the
neighborhood must be happy.
Council Member Butler stated he appreciates what the Vice Mayor is
trying to do, but putting that language into the amendment will remove any
incentive for the neighborhood to look at alternate alignments. He stated
Council's job is to set visions for transportation, recreation and other
amenities. He stated when Council has a vision, it cannot allow small pockets
of citizens to pull pieces out of the vision. He noted people already are
complaining about Battlefield Parkway, but that was part of Council's vision
and deletion of any portion of Battlefield Parkway will make the whole thing
not work. He stated the trail network was part of a vision. He stated the
section between Chancellor Street and Clubhouse Drive was significantly
important to some people in the southwest. He stated pulling things out will
make it not a trail network, but pieces of trails here and there. He stated he is
willing to work with everyone to mitigate their concerns as best as possible,
but he does not feel the Vice Mayor's amendment is the best way to achieve
that.
Dinah Callahan stated that 90 days will not make a difference to the
residents. She stated they do not want the trail there and if the Council must
spend money, the only alternative they agree to is along the curb on the main
drag. She stated this would not encroach on the Country Club Green property
at all.
Council Member Martinez clarified that Phase I and II would not be
complete until 2012, so they would have 90 days after that to come up with a
viable solution.
Town Council Meeting of October 14 2009 Page 25
Ms. Gallahan stated they would fight anything that goes through the
green grass.
Council Member Martinez stated he would be willing to work with staff
and the residents to come up with an alternative resolution. He stated he can
understand the resident's concerns, particularly since they feel they are not
part of the process.
Ms. Gallahan stated they would like to move forward. She stated if
Council will not just forget about Phase III, the only design they are willing to
work on is right along the curb.
Vice Mayor Hammier stated there is enough time that will go by, that it
will be critical that this come back to Council because there will be new
citizens. She stated this discussion is much different than at work session
noting if removal of Phase III negatively affects the entire trails network, she
would consider tabling this for further discussion.
Council Member Reid stated he cannot support the Vice Mayor's
proposal. He stated this is a regional facility that will support the entire
region. He stated he cannot support giving veto power to one group in the
community over a regional facility.
Council Member Dunn stated this motion is empty. He stated once the
other portions of the trail are built, it everyone will feel it does not make sense
not to complete it. He stated that is what makes this process flawed. He
questioned why it was approved if there were concerns two to three years ago.
The motion to amend requiring Phase III come back to Council for a
formal vote was approved by the following vote:
Aye: Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Butler and Reid
Vote: 5-2
There was discussion on when this item would return to Council.
Mr. Wells stated conceptual drawings would need to be done to see if
an agreement could be reached. He noted there will be two budget cycles
prior to this part of the process and reporting will be part of the budget
process. He stated nothing would be done past the conceptual level of design.
Mr. Dentler suggested something like the following: Defer final design
and engineering of Phase III until staff reports back to Town Council on
discussions with the two communities on design alternatives and modifications
that may reduce impacts to their neighborhood.
Vice Mayor Hammier stated it must be "authorized by Town Council",
Mr. Dentler stated he would clean up the language.
Council Member Butler stated the word "pedestrian" bridge should be
changed to "multi-use" bridge. Council Member Reid agreed to this change.
Town Council Meeting of October 14 2009 Paae 26
Mr, Brandon stated the resident wanted to make it clear that Phase I
would be constructed of concrete all the way to Clubhouse Green.
Mr. Dentler suggested the following language: to defer final design and
engineering of Phase III until Town Council authorizes such action by staff
which will be based on feedback from the community, Tuscarora Creek
Apartments and Country Club Green Condominiums. He stated the bottom
line is staff will not do anything until authorized by Council and Council is
waiting for feedback from staff.
Council Member Butler stated there is some flexibility with the design
more than what staff might normally have.
Mr. Dentler stated no design and engineering will be done until Council
directs it and all the details will be based on discussions with the community.
Vice Mayor Hammier stated her fundamental premise for moving
forward from yesterday was if there is no way to find an alternative that is
okay with the neighbors for Phase III, that Phase I and Phase II are still viable.
She stated she heard tonight that pulling this section out essentially creates a
flaw in the overall design. She stated this needs to evaluate the trails system
as a whole when going back to the drawing board.
Council Member Butler clarified that without A-3, the trail is still viable;
however, he does not support indefinitely deferring design and construction
until authorized by Council. He stated if there is no consensus with the
neighborhood and Council decides to delete A-3 entirely, the rest of the trail is
still viable.
Council Member Dunn stated this goes back to the issue that there was
a group of citizens that were opposed to using South King Street to access the
trail. He stated those people would be opposed to using South King Street to
access the trail because of the concerns over the safety of King Street. He
stated this was presented as a whole; we cannot pick and chose parts of it.
The amended motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
c. Suoporting the Use of Uran Funds fora Playground at the Paxton
Center for the ARC of Loudoun
On a motion by Vice Mayor Hammier, seconded by Council Member
Reid, the following was proposed:
RESOLUTION 2009-117
Supporting the Use of Uran Funds for a Playground at the Paxton
Center for the Arc of Loudoun
Council Member Dunn made a motion to amend to a $60,000
contribution. The motion failed for lack of a second.
Town Council Meeting of October 14, 2009 Page 27
The original motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
d. Amending the Town Code to Change the Local Election Date
On a motion by Council Member Martinez, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION 2009-118
Initiating Charter and Code Changes to Change the Election Date from
May to November
Ms. Irby stated the ordinance will need to be passed by the October 27
meeting in order to be couriered to the Justice Department to meet the
deadlines. She stated she incorporated a Charter change that will work in
tandem with the code change.
Mayor Umstattd questioned whether the Charter change would need to
be requested to be requested on an emergency basis.
Ms. Irby stated it is her understanding that the Charter change does
not need to be completed as long as preclearance is received from the Justice
Department. She stated state code does not prohibit it from being done this
way.
Council Member Martinez stated he would like to hear from the public
and would like the process to start as soon as possible.
Council Member Dunn stated he feels this will be a great way to
increase voter turnout. He stated he would like to move forward to see if we
can get it done for the next election.
Vice Mayor Hammler questioned what other towns in the county are
doing in response to this.
Council Member Wright stated he would not support this. He stated it
was not on the originally published agenda. He noted because of the tight
timeline, we will not be publishing this in the normal paper of record. He
stated he does not have a problem with this, but with the pace. He stated to
make this change warrants more thoughtful consideration. He stated this
timeline affords us the opportunity of thoughtful consideration. He stated he
wants to understand the lessons learned from other jurisdictions.
Council Member Dunn stated whether other towns do it and what
happened to them, does not mean it will happen in Leesburg.
Mayor Umstattd stated she will support moving forward, but Council
Member Wright brings up some very valid points.
Town Council Meeting of October 14 2009 Page 28
Council Member Martinez stated he Tikes May elections because they
are the Town of leesburg's elections. He stated he feels he will not support
moving to November, but wants to hear ail the arguments.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid and Mayor Umstattd
Nay: Wright
Vote: 6-1
e. Initiating a Zoning Ordinance Text Amendment for Sandwich Board
Sians
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following was proposed:
RESOLUTION 2009-119
Initiating Amendments to Article 15 of the Leesburg Zoning Ordinance
to Permit A-Frame/Sandwich Board Signs in Commercial Zoning
Districts
Council Member Martinez stated the sign ordinance needs to be
revisited. He asked staff to set up some discussion in the future about the
entire sign ordinance.
Council Member Reid stated he was at the ribbon cutting ceremony for
Homewood Suites. He stated the property owner would love to have an off-
site sign, which is not allowed in the Town. He stated he would like to broaden
the scope of this initiation to include off-site signs.
Mr. Boucher stated this is a very large issue and it would be more
feasible to separate the two issues,
Council Member Reid stated thought there was support for this last
night, so he would like to see this at the next work session.
There was consensus to discuss this at the next work session.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
f. Reiectina the Water Rate Litiaation Settlement Offer
Council Member Martinez made the following motion:
MOTION
Rejecting the Water Rate Litigation Settlement Offer
The motion was seconded by Council Member Reid.
Council Member Wright stated the settlement offer would have required
the Town to revise the water rates significantly from the court ordered process
that the litigants originally wanted.
Town Council Meeting of October 14, 2009 Page 29
Council Member Butler stated all settlement agreements include each
side providing something that each side wants. He stated it is late in the
process for the litigants to provide anything to the Town. He stated due to the
quirks of the ruling, the Town has no choice but to appeal.
Council Member Dunn stated he has less concern over the rate issue
than the constitutional issue of the judge dictating to Council. He stated he
wants the state Supreme Court's answer on that.
Ms. Irby stated the petition will be argued on October 20 by a three
person writ panel. She stated the Town should hear within three weeks of that
date whether the state Supreme Court has accepted the appeal.
The motion was approved by the following vote;
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
15. COUNCIL COMMENTS
Council Member Reid encouraged everyone to go by the newly opened
Homewood Suites. He stated the community's expression of respect for Army
specialist Stephen Mace. He stated he was proud to see the turnout by the scouts,
volunteer firefighters, police, and sheriffs. He noted Council Member Martinez and
Senator Herring were there to meet the family and offer their respects. He stated this
community has such wonderful love, warmth and patriotism. He stated he met with
his commissioners and he will email their comments to Council.
Council Member Butler reported he won a night at the Homewood Suites from
the Loudoun Symphony gala. He congratulated Town staff on the bond rating
increase, which he noted shows the Town's focus on fiscal responsibility. He stated
the tour of the Villages of Leesburg was wonderful. He noted there is a tour every
Thursday if anyone is interested. He encouraged everyone to get both flu shots.
Council Member Wright had no comments.
Council Member Martinez stated he echoed Council Member Reid's comments
about Saturday's ceremonies for Specialist Mace. He offered his condolences to the
family.
Vice Mayor Hammler disclosed a conversation with Stephen Peterson of the
Peterson Company. She noted there will be a stop for the Journey through Hallowed
Ground at Dodona Manor. She stated Congressman Wolf and Senator Webb have
initiated legislation to put Dodona Manor on the National Park Service. She stated
Coffee with Council was wonderful with some great discussion. She stated highlights
are traffic concerns with the opening of the new high school. She offered her
condolences to the Mace family. She dedicated her votes this evening in his honor.
Council Member Dunn had no comments.
Town Council Meeting of October 14 2009 Page 30
16. MAYOR'S COMMENTS
Mayor Umstattd stated there was a huge crowd at Clark's Gap for the Mace
family. She stated it was very touching and powerful. She thanked the Veteran's of
Foreign Wars for their honoring of a family of six brothers who all served in wars.
17. MANAGER'S COMMENTS
Mr. Wells stated the Town won first place in the 2009 Virginia Municipal
League Green Government Challenge.
18. CLOSED SESSION
None
19. ADJOURNMENT
On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the
meeting was adjourned at 1:03 a.m., Thursday, October 15, 2009.
AT~S
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Clerk of C r~nc',I
2009_TCMIN1014
_ I
~IEr-lets C. mstattd, Mayor
Town of Leesburg