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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 \/ i Clerk of C r~nc',I 2009_TCMIN1014 _ I ~IEr-lets C. mstattd, Mayor Town of Leesburg