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HomeMy Public PortalAbout2009_tcmin1027COUNCIL MEETING October 27, 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: None Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Parks and Recreation Richard Williams, Airport Director Tim Deike, Deputy Director of Planning and Zoning Brian Boucher, Assistant to the Town Manager Kathleen Leidich, Senior Planner Michael Watkins and Clerk of Council Lee Ann Green 1. Call to Order 2. Invocation was lead by Council Member Dunn 3. Salute to the Flag was lead by Cub Scout Pack 256 4. Roli Call showing all members present. 5. Minutes a. Work Session Minutes of October 13, 2009 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 7-0. b. Regular Session Minutes of October 14, 2009 On a motion by Council Member Butler, seconded by Council Member Wright, the minutes were passed 7-0. 6. Adopting the Meeting Agenda (Amendments and Deletions) Council Member Martinez made a motion to adopt the meeting agenda as presented. The motion was seconded by Vice Mayor Hammler. The motion to adopt the meeting agenda passed by the following vote: Aye: Dunn, Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 7. PRESENTATIONS a. None. 8. PETITIONERS The Petitioners section was opened at 7:34 p. m. Liz Whiting, 241 Edwards Ferry Road, stated she would like to publicly commend the Town Attorney, Jeanette Irby, for the information she has gathered to Town Council Meeting of October 27 2009 Page 2 put together the election change item. She stated several of the towns she represents have questions about the same subject. She stated with regards to minimum public improvements in capital projects, the Council has very hard decisions to make. She stated a minimum default setting should be agreed upon before public funds are expended on a capital project and should be applied to all projects. Linda Shotton, 232 Edwards Ferry Road, stated she understands the Woodberry Road sidewalk was deleted from the capital project. She stated the Woodberry Road neighborhood does not consist just of the houses on the street, but the surrounding residents that use Woodberry Road to get to other places. She stated she walks that street all the time. She stated there is a fair amount of traffic and there is a definite consideration for safety on that road. She requested Council reconsider the position taking into consideration the entire neighborhood. Gloria Bradley, 830 Bow lake Place, Heritage High School Project Graduation, thanked Council for their donation. She stated out of the 423 graduating students in 2009, 186 students attended. She stated the event takes approximately in $40,000. She stated she constantly has students return to volunteer. Margie Bryan, 18454 Seychelles Court, read the following letter from her daughter, Molly, a recent Heritage graduate, into the record: "On behalf of Project Graduation, I would like to sincerely thank you for your contribution. Because of the organization and all of the efforts of the dedicated group of volunteers who work year round to keep it going, students have the priceless opportunity to share one last night of fun with each other in an environment that is both safe and drug free, Games, prizes and simply spending time together make the night a huge success. As both a volunteer who has helped in past events, and a participant in this year's event, I have seen first-hand how much students enjoy the experience. Without your generosity, the event would not be possible and for that reason, I thank you. Sincerely, Molly Bryan. Robert Patton. 248 Edwards Ferry Road, stated he would Tike to talk about Woodberry Road. He stated an article appeared in Leesburg Today entitled "Caved". He stated he was accused of putting a few shrubs ahead of child safety. He stated his own child walks down Woodberry daily to catch the school bus and he is not indifferent to the safety of children on Woodberry Road. He stated he is against the sidewalk, but is for reasonable and appropriate safety measures on Woodberry Road. He questioned whether all streets in Loudoun County need a sidewalk and a crosswalk. He questioned where safety ends. He stated sidewalks come at a cost when retrofitted into old neighborhoods. He requested the Council not reverse its decision from two weeks ago. He stated people were staging photographs on Woodberry to show the road is dangerous so he performed a traffic count between 7:30 a.m. and 8:30 a.m. He stated there were 26 cars, 1 school bus, one man walking a dog and one woman walking a child and his own child and an exchange student walking to the bus. He stated he did not observe any speeding cars. He stated if the Council does reverse its vote, he hopes it is mindful of the potential harm that can be caused to the traffic on Woodberry. He stated many of the people who have signed the petition do not have to use Woodberry, they want to use Woodberry. Stewart Curley, presented a PowerPoint to Council. He stated he came to the meeting to speak on behalf of the out-of-town water customers in regards to his recent court motion. He stated this was not a surprise action and was not intended to Town Council Meeting of October 27, 2009 Page 3 provide any legal maneuvering. He stated the intent was not to leverage the settlement. He stated settlement is not a new concept, but it is the fourth time they have made a settlement offer. He stated he felt compelled to review the various challenges of this case. He stated during this period of time, the Town has used a variety of tactics to try to keep this from being heard in court. He stated it has wasted over $500,000 in legal fees. He stated the complainants have focused on a peaceful resolution. He stated they need to stop the wasteful spending on both sides. He noted the county and state officials are willing to enact legislation in Richmond in support of a resolution. Amason O'Sullivan, 213 Chatfield Court, N.E., stated she has two small children and supports sidewalks on Woodberry from North Street to Edwards Ferry. She stated she has every right to access this street. She stated Prince Street is not a viable option because it does not have a safe crossing for Edwards Ferry. She stated last month she was walking with her two small children on a bike and in a stroller. She stated she had to push her children into the ditch to avoid what she felt was a life threatening situation. She stated it does not take multiple cars to hit a child or a pedestrian; it takes only one car. She stated unless she can levitate, the street is not safe. She urged Council to reconsider. Karen Moroan, 229 Edwards Ferry Road, stated she is in support of the recommended sidewalk. She stated the neighborhood does want the sidewalk, including the people on Woodberry and the surrounding streets. She stated the results on Woodberry itself, were split, but many more are in favor of the sidewalk than those opposed. She stated they did not come out two weeks ago because they assumed Council would follow staff recommendation and the Town Plan. She stated the installation of curb and gutter will widen the road. She questioned whether two to four feet will cause people to drive faster. She stated adding curb and gutter will change the feel of the street Noah Klemm, 236 Edwards Ferry Road, stated he and his children use this street almost every day. He stated it is his access to the school, the community center, and soon the bus stop. He stated he was not surveyed on his thoughts since he does not live on Woodberry. He stated sidewalks allow the neighborhood to enjoy the community. He urged Council to find a compromise that includes at least one safe side of the street. John Chapin, 208 Edwards Ferry Road, stated he moved to Leesburg and enjoys living in Leesburg because it is an urban environment that encourages pedestrians. He stated he expects the Council to follow the Town Plan by providing a safe, continuous and comfortable environment that encourages walking. He stated residents are 65% more likely to walk in a neighborhood with sidewalks and they increase property values. He stated removing the sidewalks from the project is making a decision that is not pedestrian friendly. Suzanne Hiller, 20 Linden Hill Way, stated her understanding is that Loudoun Lacrosse requested to use the storm water management area for a practice field; however, she has concerns about that particular area. She stated it has become a wildlife preserve for animals and she is concerned about her quality of life. She stated it would change her neighborhood bringing noise. She stated many people use that land for recreation. She stated she cannot imagine it being changed for a sports field. Town Council Meeting of October 27 2009 Page 4 Patricia Morrison, 126 Woodberry Road, stated she lived on Woodberry Road for over 40 years. She stated she does not like to see it changed, but she feels sidewalks would be heavenly. She stated it seems the only reason people don't want sidewalks is so they can park beside the road. She noted this is dangerous and the corner of Edwards Ferry and Woodberry is very dark and dangerous. She expressed her concern for the safety of the families with young children. She requested a sidewalk on at least one side of the road. Sondra Camp, 31 Linden Hill Way, S. W., stated she has doubts that the Parks and Recreation department will monitor the usage of the storm water management area. She stated the neighborhood does not want a simple scrimmage to turn into a full time park on any wetlands in Leesburg. She stated she was originally told it would be 15 kids two days a week. She stated the decision tonight will affect 225 citizens. She alleged town employees lied to her. She alleged conflict of interest. She stated parents need to sign their children up for activities that will not affect their lifestyles. She questioned whether the Council is catering to the affluent rather than the constituents. She stated they will find these kids smoking dope, drinking beer, and fighting behind their houses not just at night, but during the day too. She stated the parents need to have real conversations with their kids and expressed concern that the kids will come back daily and on weekends, holidays and days off school. She alleged the children will pee, poop, smoke dope and run wild on the property. She questioned who will be supervising the children. She stated she has been accused of exaggerating the situation. She stated this beautiful area has been destroyed by mowing by a few selfish people for their own uses. She requested the mowing be turned back over to the Town of Leesburg and not be mowed by Greenway Farms as this is not appropriate. She stated wetlands and dry ponds should be protected. Ann Kemo. 302 Edwards Ferry Road, stated her home is on the corner with Woodberry Road. She thanked the town staff for their dedication over the past few months. She stated on Monday evening she counted traffic between 5:09 and 6:09 p.m. She stated she tallied 40 cars, 5 pedestrians and 1 dog. She asked if this is heavy traffic? She questioned what has changed since the last vote? Chris Cuozzo, 120 Woodberry Road, stated he supports sidewalks on Woodberry Road. He stated in all this debate, not a single person has refuted the fact that sidewalks will make it safer for pedestrians. He stated pedestrians are forced to walk in the middle of the road, sometimes into the face of oncoming traffic. He stated his family walks downtown all the time. He stated the pictures his wife took illustrate the current conditions. He stated the primary function of the Council is to promote the safety and wellbeing of the citizens of the Town. He noted the majority of the residents of Woodberry Road and the surrounding neighborhood want sidewalks. He asked the Council whether the common good of the many outweigh the interests of the few. Tom Stokes, 231 North Street, asked Council to consider the details of the Woodberry project. He stated not putting a sidewalk on the street will widen the street and create the behavior he sees on North and Edwards Ferry. He encouraged Council to look at the sidewalk on Wilson that was recently completed adding the sidewalks are not usable for strollers. He stated people do not have to walk in the street -they can walk in the grass. He stated there are a number of places in town that need sidewalks. Town Council Meeting of October 27 2009 Page 5 Melanie Cuozzo, 120 Woodberry Road, urged the Council to revisit the issue of sidewalks on Woodberry Road. She distributed a petition with signatures from those that did not originally cast votes. She stated li out of 19 homes are in favor of the sidewalk. She stated all the homes on the east side, except the two on the end, are in favor of a sidewalk. She stated the neighborhood is more than just the street. She pointed out that many of her neighbors did not come to the first meeting because they are elderly and did not think it would make a difference. She stated her staged pictures are very representative of what goes on every day. She stated sidewalks are consistent with the larger Town goals. Gudrum Bowman, 237 Edwards Ferry Road, stated the walkability of Leesburg attracted her 15 years ago. She stated she walks every day down Woodberry and feels it is quite dangerous. She stated she feels a sidewalk even on one side would be a good idea. Gabriella Kelemen, 208 Edwards Ferry Road, supports sidewalks on Edwards Ferry Road. She stated the brick sidewalks add to the historic flavor of the town and unify the town. She stated the neighborhood is a culture of pedestrian activity. She stated Woodberry is a connector street for pedestrians and affects the residents living in the quadrant, not just those living on the street. She stated there are sight distance issues on Woodberry Road. She stated the addition of curb and gutter will make it more dangerous. She implored Council to reconsider putting sidewalks on this street. Erin Kaplan, 289 Ariel Drive, stated she is a regular walker of Woodberry. She stated that is the one stretch of road that is disconcerting as a parent. She stated a sidewalk will add to the charm of the Town. She implored Council to reconsider the sidewalk plan. John Moraan, 229 Edwards Ferry Road, stated he is here to talk about the process. He noted a number of individuals have not had an opportunity to weigh in ahead of time. He stated they did not feel the need to speak up, but the abrupt vote caught them off guard. He stated the process was confused. He encouraged the Council to reexamine their stance on this subject after careful reflection of the major impact on this community. He requested Council to take the comments on this into consideration. Jonathan Hoover, 308 Edwards Ferry Road, stated he moved here 10 years ago to enjoy a walkable town. He stated the situation on Woodberry has been something they are concerned about. He stated two of his children go to Smart's Mill Middle School and the bus stop used to be at the corner of Woodberry and North Street. He stated they were concerned enough about the safety of the street that they requested the county to add a safer bus stop. He stated the bus now stops at the corner of Prince and Edwards Ferry. He stated it is indisputable that a sidewalk would add to the walkability of the Town and be an improvement to the neighborhood. KD Kidder, 139 Woodberry Road, stated she moved to Woodberry Road last fall based on the fact it was a quiet street with large trees and a quiet character. She stated she was impressed with the turnout tonight. She noted no one is against the safety of children and there are other considerations as well. She stated the streets in historic districts are narrow and the flavor of the Town should not be destroyed. She noted there are many groups that will not fit on the sidewalk and would have to Town Council Meeting of October 27 2009 Page 6 walk in the street anyway. She stated the guidelines do not necessarily fit in the older sections of time. She stated she would think people on Edwards Ferry Road would rather use Harrison Street. She stated she has not seen safety issues on Woodberry and is more concerned about the character of the street. Patrick Ramos, 405 North Street, stated he is here to confirm his support for sidewalks on Woodberry Road. He stated his concern is safety and to create a more pedestrian friendly community for walks downtown. He stated while he does not live on Woodberry, he would like to be considered as part of the neighborhood when surveys and polls are sent out. Neil Steinberg, 139 Woodberry Road, stated this issue has become larger than initially anticipated. He stated there have been many eloquent arguments for sidewalks this evening. He stated he is an advocate of everyone in the community being involved in the argument. He pointed out, however, it is the people who live in the specific area that are most immediately impacted. He stated staff follows the Town Plan because they have to, but Council can make changes. He stated there are utility poles fairly close to the area where the sidewalks go. He questioned where the poles will go or will the utility lines be buried. Jeff Cowart, 24 linden Hill Way, stated he opposes the lacrosse field conversion. He stated the public hearings give the citizens an opportunity to voice their concerns. He thanked Council for their service to the Town. He stated the field is not intended for athletic use and is surrounded by residences. He stated the majority of the homeowners closest to the field do not want this use on the field. He expressed his feeling that this is the wrong use for the property. He stated there is no compelling reason to convert this field as Western Loudoun has a place to play, they just don't want to play there. Dale Gardner, 8 Linden Hill Way, echoed Mr. Cowart's comments about Council. He stated he is surprised the matter of the lacrosse field is being considered since it is a storm water retention area with a stream running through the property. He stated there are a number of animals living there. He stated this is pleasant. He expressed his feeling it is imprudent to have a large number of people running through a wet field and sets a precedent. He questioned what happens when the football league wants a field and questioned who will take on maintenance. He stated the 29 parking places on Greenway Drive seem inadequate for the use. He stated the nature of the area, the fact that its intended use is storm water retention, and the establishment of a precedent for Town make this an inappropriate use for this field. Mary Barnes, Linden Hill, stated she was very impressed with the work session discussion. She stated the attention to detail was impressive. She noted in the past two years since the field started being mowed, there have been a few users of the field; however, none of them are from Linden Hill. She stated it is very marshy and full of ticks. She stated the children are not down there because it is not amenable to sports and the effort to bring it up to a playable level will be a lot more than people realize. She stated they are not asking for a vote against recreation, but a vote to maintain a wetland, watershed, and wildlife habitat that serves a lot of good. David Phillips, stated he was in favor of using the field as a lacrosse field. He stated they will not be turning this into a lacrosse field. He noted the original construction plans from 1993 show this field proffered for a police, fire or recreational use. He stated the Brandon Park field is a great facility, but too small for the older Town Council Meeting of October 27 2009 Page 7 players. He noted the Greenway field is graded and crowned, therefore is not marshy or boggy. He stated they would like to practice five days per week and have two scrimmages before the games begin, He stated while the residents of the adjoining properties do not want people in their perceived back yards; but the reality is this is not their property. Rob Buttarazzi, registrar for Western Loudoun Lacrosse, stated this is not wetlands. He stated it is a property for children to have fun on and was proffered as such. He stated the lacrosse league represents 250 Leesburg families and will be splitting off from Western Loudoun lacrosse at which time the league will expand. He asked Council to take a field that has been proffered as a field and consider it as a place to play. He requested the field continue to be mowed. He stated there are too few of these spots in Town. Ryan Washington, 16 Linden Hill Way, stated he is on the HOA board, He stated the sound from this field echoes off the houses. He stated he goes running past the field every day and it is marshy. He noted Linden Hill is a private street with no trespassing and there is no guarantee that people will not park on Linden Hill. Barbara Hammes, 235 Edwards Ferry Road, stated she hopes there is a way to make this amicable so the beautiful trees and shrubs can be preserved. She stated it is very worrisome for children to walk to the school bus on that road, She asked the Council to reconsider. Russ Shaw, Parks and Recreation Commission, stated he was a part of the decision to recommend approval of the lacrosse league using this field. He stated he does not have a lacrosse player, but does use that field, He stated the question at hand is not should we convert this field to a lacrosse field or an athletic complex, but should we allow the community's children to enjoy a field that was designed and graded as a field and is in great demand. He questioned whether we should allow our children to play on a field that was designed to be a field. He stated he understands the concerns and wishes of those adjacent to the field, but there is a vast majority of the community that has a need for a playing field for the children. He stated there has been a lot of misspeak about the entire subject, but he stated the physical appearance of the field will not be changed and no improvements will be made. He stated the lacrosse players will not play there when it is wet. He stated no one in their right mind will park on Linden Hill because the clearest access point is on Greenway Drive. He stated the Parks and Recreation Commission suggested a memorandum of understanding that would allow the Town to control what goes on on that field. He stated several issues have been discussed tonight where Council is considering the desires of the minority over the needs of the majority. Clayton Falick, 25 Linden Hill Way, stated he and his four daughters never use that field because of the ticks, ruts, and rocks. He stated the Town should not spend significant dollars to bring that field up to the level it would require for use. He stated the lacrosse team has a field at Franklin Park that is available to them. He stated the proffer was given in 1993 prior to the lowering of the water table in 1997. He stated the field has only been mowed the last few years by Greenway Farms, not the Town. Mike Belles, Woodberry Road, stated he is in favor of the sidewalks on Woodberry. He stated he did not show up at the other meetings because he felt it was going in the right direction. He stated he has lived there since 1959 and for Town Council Meeting of October 27 2009 Paae 8 years, he never went up Woodberry to Edwards Ferry because it was an unsafe corner. Curtis Kemo, 302 Edwards Ferry Road, stated they received notification of the meetings on Woodberry Road and many people attended the October 14 meeting. He stated at the public hearing there were three people who supported the sidewalk. He noted he will be very impacted by the sidewalk particularly because they will lose all their on-street parking. He questioned if Town Council procedure was followed on October 14, what is the reason for changing the outcome after the fact? Vice Mayor Hammier read the following letter into the record: Dear Town Council: It has come to our attention the Woodberry sidewalk issue will be addressed again during tonight's Town Council meeting. While my wife (Leann Micheals) & I are out of town we would like to be heard and if at all possible, our position read into record. 1) We heard of the last Town Council hearing on the Woodberry sidewalk only hours before it took place so had no chance to offer our opinion. 2) We live at 216 Edwards Ferry Rd, just around the corner from Woodberry. Our family (Leann Micheals, Ralph Ferraiolo & Giana 8 yrs old) does all our town visiting and errands on foot. We walk to church, the bank, supermarket etc. It is not only part of the charm of living in town, it is one step (pardon the pun) closer to stopping the madness of driving our cars everywhere. Driving to do every little thing is killing us through an overly sedentary lifestyle and polluting our neighbors with car exhaust. We must promote walking as much as possible. Without sidewalks in town we are walking in the street or not at all. My wife and I also run/walk 3-5 hrs per week. In town we need sidewalks for this. 3) Leann is a Nurse Practitioner and I am a Personal Trainer. We see the negative impacts of over sedentary lifestyles very day and the benefits of active life styles. This is our job to encourage more activities and the benefits are not long in coming. The Town of Leesburg and the community of Leesburg must continue to invest in sidewalks, bike & running/walking trails and outdoor activities. 4) We have a side walk in front of our house. The town came in 4 or 5 yrs ago and changed it from cement to brick. Thank you! Now not only is functional it looks great. I can't think of a better use of community taxes. It is the first area I shovel when it snows. I do that as my small part for the community. Then while I'm shoveling the front walk & the driveway I often share small talk with those walking up and down the sidewalk. That is what it's all about, Had the town not put in the Edwards Ferry side walk those nice people would be dodging cars in the snowy road and my property would be enlarged by a shrub or two. No thanks, I will much rather do the extra shoveling and share a sense of smart community with those safely walking by. 5) Those people in more rural communities have different issues at hand but for those of us who choose to live "in town" this is the only smart way to go. Any efforts to block this side walk is selfish and/or shortsighted. Upon completion of this writing my family & I are going to hike to the top of Diamond Head. (We would have to drive to the top had the Hawaiian government not thought enough of the health of its visitors and natural environment to put in a hiking trail). Leann & I feel strongly enough about tonight's meeting in Leesburg to delay our valuable time here and share our thoughts. Please do the right thing. Thank you. Ralph Ferraiolo The Petitioner's section was closed at 9:34 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Wright, the following consent agenda was proposed: Town Council Meeting of October 27, 2009 Page 9 Making Reductions of the Performance Guarantees for Public Improvements Installed in the Interchange at the Intersection of East Market Street (Rt. 7) Rivercreek Parkway and Crosstrail Boulevard RESOLUTION 2009-120 Making Reductions of the Performance Guarantees for Public Improvements Installed in the Interchange at the Intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard b. Approving an Appropriation for Airport Security Gates RESOLUTION 2009-121 Approving a $97,070.09 Supplemental Appropriation to Leesburg Executive Airport FY2010 Operating Budget for the Installation of Eight Security Gates c, Overcrowding Enforcement RESOLUTION 2009-122 Initiating Amendments to the Leesburg Zoning Ordinance Pertaining to Policy, Procedure, Enforcement and Penalties Related to Overcrowding of Dwelling Units d. Changing the School Zone Speed Limit on Battlefield Parkway at Cool Spring Elementary School from 15 mph to 25 mph and Changing the Speed Limit on Plaza Street from 25 mph to 30 mph between 7/15 Bypass and East Market Street RESOLUTION 2009-123 Changing the School Zone Speed Limit on Battlefield Parkway at Cool Spring Elementary School from 15 mph to 25 mph and Changing the Speed Limit on Plaza Street from 25 mph to 30 mph between 7/15 Bypass and East Market Street e. Initiating the Creek Valley Buffer Ordinance Amendment/Flood Protection Ordinance Amendment RESOLUTION 2009-124 Initiating Amendments to Article 13 of the Leesburg Zoning Ordinance to Align the Flood Protection Ordinance with the Creek Valley Buffer Ordinance Amendments Makina a Reduction of the Performance Guarantee for Public Imorovements Installed at Fort Evans Plaza II, Battlefield Parkway Extension RESOLUTION 2009-125 Making a Reduction of the Performance Guarantee for Public Improvements Installed at Fort Evans Plaza II, Battlefield Parkway Extension The Consent Agenda was approved by the following vote: Town Council Meeting of October 27 2009 Page 10 Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Reid, seconded by Vice Mayor Hammler, the rules were suspended and the agenda was amended to move New Business for Action ahead of the public hearings and to add an item to the agenda directing staff to hold community meetings including Council members regarding Woodberry Road sidewalks. The motion passed by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. NEW BUSINESS FOR ACTION a. Amendments to the Legislative Agenda (i). On a motion by Council Member Reid, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2009-128 Opposing H.R. 413 and S. 1611, Entitled "The Public Safety Employer- Employee Cooperation Act of 2009" Council Member Butler asked for a clarification as to whether this requires collective bargaining or requires the Town to allow collective bargaining. Ms. Irby clarified that this would require the Town bargain with the Police Department, should they desire to engage in collective bargaining because currently they are not allowed to unionize. The motion passed by the following vote: Aye: Dunn, Hammler, Reid, Wright and Mayor Umstattd Nay: Butler, Martinez Vote: 5-2 (ii). On a motion by Council Member Wright, seconded by Council Member Reid, the following was proposed: RESOLUTION 2009-129 Opposing Any legislation which Reduces Sovereign Immunity The motion passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Greenwav Farms Field/SWM Town Council Meeting of October 27 2009 Page li Council Member Reid made the following motion: MOTION That the Leesburg Town Council Deny Approval of the Request by Western Loudoun Lacrosse to Utilize the Greenway Drive Storm Water Retention Pond Area for Practice through the "Adopt-A-Spot" Program, and for Staff to Continue to Explore other Potential Field Options The motion was seconded by Council Member Dunn. Council Member Reid stated he did not think this process has been inclusive of the community's needs. He stated while rejecting this particular lot, we are directing staff to find another location for the lacrosse league to practice. He reiterated examining the field at the bypass and Battlefield Parkway in Potomac Crossing. Council Member Dunn stated between schools, churches, older parks, and parks that will be built, and parks in the county, there are other options to be explored. Council Member Wright stated he did not feel this is the right process to activate this piece of land. He stated public recreation can be both passive and active and we have heard a lot about preserving the passive uses on that site. He noted as county residents, the county has the primary responsibility for parks and recreation, so the county should be included in these conversations, Council Member Butler stated he would be voting against this motion because there is nothing that needs to be done to the field so that 20 kids with lacrosse sticks can go out and practice in the evenings for a few weeks. He stated it would have been nice to give it a trial and measure the impacts. Vice Mayor Hammier thanked staff for the amount of time they have put into this issue. She stated she will be supporting the motion to deny approval for a couple of reasons. She stated the citizens that came forward representing the neighborhood asking not to allow this particular use. She stated only about 20% of the participants in the lacrosse league are Leesburg residents. She stated the larger issue is the precedent with respect to the Adopt-a-Spot program and the issue of allowing one league to have exclusive use of what could be considered a "park". She stated she takes exception to some comments regarding conflicts of interest, staff not being ethical, and citizens being lied to. She noted the facts have been presented fairly. Mayor Umstattd stated she will be supporting the motion. She stated there is strong community opposition from Linden Hill and Greenway and there will be negative impacts to the resident's use of Greenway Drive. She noted while Council Member Butler's suggestion of a temporary use is courageous, she does not feel it would be temporary; that the lacrosse league would feel vested as users of this area. She stated the Town of Leesburg cannot provide recreational fields for every league in the county; this is a county responsibility that the Town tries to supplement when possible. Town Council Meeting of October 27 2009 Page 12 Council Member Reid suggested a friendly amendment that staff work with Loudoun County Parks and Recreation to identify a practice spot for the lacrosse league. Council Member Dunn accepted the friendly amendment. The amended motion was approved by the following vote: The motion passed by the following vote: Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Butler Vote: 6-1 c. Woodberry Road Capital Improvement Project Council Member Reid made the following motion: MOTION Direct staff to hold a community meeting with Council Members present to examine the feasibility of a sidewalk on the east side of Woodberry Road, Council Member Wright seconded the motion and suggested a friendly amendment to hold a design charette to address numerous issues and make sure the final design respects the character of the community. Council Member Reid accepted the friendly amendment and made a suggestion that the concerned residents of North Street and Edwards Ferry Road be included. Council Member Wright accepted this amendment as friendly. Council Member Dunn stated he feels this is a good idea. He stated two weeks ago, he did not realize the curb and gutter were going in and his feeling that once the curb and gutter go in, that will change the look of the street, He stated he hopes they can find compromise now that everyone knows what is happening. Vice Mayor Hammier stated she will support this because she appreciates everyone's willingness to continue to engage in conversation. She expressed her feeling that the process should not have happened so quickly with discussion on Monday and a vote on Tuesday. She stated a framework of listening to citizens before making decisions is very important. She noted in Planning Commissioner training, it was stressed how standards like those contained in the Leesburg Design and Construction Standards Manual can be detrimental to historic neighborhoods and thus agreed with the design charette. Council Member Reid stated it needs to be clear that this should not delay the drainage improvements. Council Member Wright stated some of the design elements may change during conversations and that would waste design dollars. Town Council Meeting of October 27 2009 Page 13 Mr. Dentler stated staff does not recommend moving forward with any design until they know what they are trying to build. Council Member Reid agreed that no decision should have been made late at night without leaving time for public input. He added the letter that went out to the neighborhood did not indicate that Council would be voting. He stated a design charette and meeting would give the neighborhood an opportunity to weigh in. He expressed a desire for a productive meeting. Mayor Umstattd questioned how many people were against a sidewalk on the east side. Mr. Dentler stated there were at least two residents on the east side that did not want a sidewalk. Council Member Dunn stated there were four for the sidewalk on the east side and two for the sidewalk on the west side. Mayor Umstattd stated she would plan to attend a community meeting but this is one of those cases where Council is forced to decide whether to go with the majority or to protect the interests of individual property owners who don't want something forced upon them. She stated she does not see how both sides will be able to come to a resolution on this subject. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid and Wright Nay: Martinez and Mayor Umstattd Vote: 5-2 Council Member Martinez apologized to any residents who may have left because he did not know they would be voting on anything with regards to this subject tonight based on the rules. 11. PUBLIC HEARINGS I-1 Zoning Ordinance Text Amendment The public hearing was opened at 10:20 p.m. Mark Browning stated Council initiated this text amendment. He displayed the three different land use designations included in the I-1 and stated, as reflected in the Town Plan, the intent of Regional Office is to meet the need for local and regional employment with high paying jobs in the support of balanced tax base and provide some of the daily retail and service needs associated with people employed in the primary office uses in that area. He stated Major Institutional includes a variety of services and is developed on parcels of at (east 10 acres. He stated Community Office/Light Industrial is meant to encourage light industrial uses with little visibility from major roadways. He stated the intent of the I-1 district is to accommodate previously approved industrial/research park development and to permit reasonable development of land in the district until such time as those lands are rezoned to classifications that are consistent with the Town Plan. He stated this is key to staff's analysis as they are making recommendations for traditional land uses. He reviewed the history of the I-1 district. He noted in 2003, Council adopted a comprehensive revision to the Zoning Ordinance to Town Council Meeting of October 27 2009 Page 14 implement the goals of the Town Plan. He stated the reduction in the by-right I-1 uses was made to encourage developers to seek rezoning to higher and better uses in accordance with the Town Plan. He stated as part of a rezoning request, the Town can receive proffered commitments to complete the Town road system. He offered the example of the Villages at Leesburg, where the rezoning included proffered transportation improvements that were very beneficial to the completion of the road network. Mr. Browning stated the changes suggested by staff include eight new uses not previously allowed. He discussed the considerations discussed when deciding to make a use by-right or by special exception including heavy truck traffic, the ability to review the scale and location of large facilities, and long term goals for land uses in the district. By-right uses have been planned to be more compatible with the long term goal of office and light industrial, while special exception uses are those that are expected to diminish or disappear over time, He noted that proffered commitments decrease with by-right land uses. He reviewed the recommendations for several uses including child care facilities, recreation facilities, and a proposed definition for arts center land use. He noted a number of these uses are recommended to only be allowed in existing buildings, addressing the number of vacant buildings currently in the district. Mr. Browning closed by stating the uses proposed in this text amendment will serve to further the Town's long term goals of utilizing existing building stock, attracting new businesses to the I-1, while establishing special exception uses appropriate as transitional or interim uses as the district evolves into an area largely of office, light industrial activity and other compatible land uses. Vice Mayor Hammier questioned the thinking behind only allowing medical uses in an existing building. Mr. Browning stated the same philosophy applies to other land uses as well, as these are land uses that typically require large square footage structures and to address the inventory of vacant buildings in the district. Council Member Butler asked for a clarification on museums and printing and publication facilities in existing buildings only. He noted in the ordinance, it is not obvious that it will be in existing buildings only. Mr. Boucher stated there should have been a footnote that specifies that, but it was inadvertently left out. Council Member Reid questioned uses included on the use table. Mr. Browning stated the charge was to address new uses, not existing uses. Council Member Reid questioned whether an amendment could be made to relax the special exception requirement and offered an example of making a distribution facility a by-right use. Town Council Meeting of October 27 2009 Page 15 Ms. Irby stated amendments can be made as long as they do not infringe upon the rights that someone thought they might have. Mr. Boucher stated staff looked at expanding uses and questioned whether some of the existing uses could be made by-right. He stated a distribution facility could have a tremendous amount of truck traffic and staff thought it would be wise to keep it as a special exception so that Council could impose restrictions on the size and negative impact on surrounding properties. Council Member Reid questioned the 50% requirement for recreational uses. Mr. Boucher stated the district is industrial and the recreation use is a transitional use. He stated some of the sites that are not being fully utilized, but were originally designed as industrial sites with lower traffic and parking volumes. He stated the existing buildings are not necessarily intended for those types of uses. Council Member Reid stated areas around the country have been revitalized by changing uses of older buildings. Ms. Irby determined with respect to the way the ad is written, changing to a by-right use for recreational uses may cause adverse impact to other land owners. She stated despite the fact that it would be relaxing some restrictions, people who are impacted by that change would need the opportunity to be aware of the change. Mary Beth Muir, president of Board of Directors of the Loudoun Academy of the Arts, advocated to the Council for the adoption of the Planning Commission recommendation. She stated the Loudoun Academy of the Arts is a creative community whose mission is to encourage artistic expression, offer new experiences in art, and to challenge art students to new levels of practice. She noted they are currently located at Gallery 222, but will need to relocate. She stated they area 501(c)3 and operate the gallery, the studio and the school for children's art education. She stated they have an opportunity to move to the I-1 district, and there is no zoning that allows the use they want to engage in. She stated they love being downtown, but the growth of the operation does not allow them to stay downtown. She stated their business model does not require any subsidy from the municipality and will significantly contribute to the revitalization of the I-1 district. Kim Lower, Tetra Partnerships, stated they currently own and market Leesburg Business Park on Lawson Road. She stated they are over 50% vacant now and are suffering for the lack of uses. Eliot Meyers, stated his project started as a small idea about a year ago. He stated the Town could use recreational facilities. He expressed his appreciation for the Council's time and effort in regards to meeting with him. He stated he is in favor of adding uses to the I-1 district but would recommend the removal of the 50% stipulation. He discussed that parking would be regulated anyway. The public hearing was closed at 10:47 p. m. Town Council Meeting of October 27, 2009 Page 16 On a motion by Council Member Wright, seconded by Council Member Martinez, the following was proposed: ORDINANCE 2009-0-021 Amending the Zoning Ordinance Section 6.7 I-1, Industrial Research/Park District to Permit Certain New Transitional Land Uses in the I-1 District by Right or by Special Exception and Zoning Ordinance Section 18.1 Terms Defined to add a Definition for Arts Center Council Member Wright stated he appreciates what staff did with the request to come up with transitional uses in this district. He questioned the 50% stipulation and whether there are other means to regulate parking, Mr. Boucher stated ordinance provisions stipulate the provision of a certain amount of parking, but the issue is given the size and scale of some of the buildings, some very large recreational uses could come in. He stated from a staff perspective, 50% is very generous, because of other uses that exist that would not have been looking at recreational uses as neighbors, Council would have the opportunity to look at any impacts that may need to be mitigated. Council Member Dunn questioned what constitutes an existing building. Mr. Browning stated it would be any building that an occupancy permit has been issued for prior to the adoption of this ordinance. Council Member Dunn questioned the state and local compliance for day care facilities has been taken into consideration for this district. Mr. Boucher stated child care facility is by-right, and one of the intents of the I-1 district is the desire to have large office uses in this district. He noted the Town gets good tax income from office uses and spin off effects. He stated allowing certain amounts of day care by-right helps to encourage office uses as a supporting use. He stated an office use that needs its own day care will not consider 10% as an Issue. Council Member Dunn questioned how many square feet are required per child in a child care facility, Mr. Boucher stated the number has been raised, but he believes it is about 35 square feet per child. He noted this would be an inducement to a large employer. Council Member Dunn questioned whether some schools, which may not be authorized by the state, are being left out by the specification that the school must be state authorized. Mr. Boucher stated he did not know the answer to that question. Mr. Browning stated it was making a distinction between college or university and school of general education or instruction. He noted the Town Council Meeting of October 27 2009 Page 17 comment in the report about state accreditation only applies to a college or university. Council Member Dunn questioned where other businesses in the area where the Waterford Development is going to be will be benefited by this text amendment. Mr. Boucher some of the businesses could relocate to the I-i district and the purpose of this text amendment was to keep an eye on the goals of the Town Plan. He stated they are aware that everything might not fit, but given the balances of competing interests, keeping the district vital, and hopefully rezoning some of the parcels to higher uses, this was the best possible compromise. Council Member Dunn questioned the indoor recreational facilities may take up a large footprint, but may not have a lot of traffic or parking impact. He stated the indoor facilities are great for parents and kids and believes they should have a little more leeway. Council Member Butler questioned whether the stipulation for existing building only for an arts center could be removed without having to readvertise the public hearing. He questioned matching up the advertisement with the proposed ordinance. Council Member Wright made a friendly amendment to make the ordinance match what was advertised. The friendly amendment was accepted by Council Member Martinez. Ms. Irby determined that change could be made without readvertising. Council Member Butler made a friendly amendment to delete existing building only for arts center, distribution facility, and printing and publication facilities, Council Member Wright did not accept the motion as friendly. Council Member Reid thanked the speakers for coming out to voice their opinions. He stated this district is important for entrepreneurs and the more restrictions that are put on this district, hurt Leesburg and the economy. He stated the 50% stipulation is another opportunity for Town government to have a say in what goes into a building. He stated it does nothing for people who want to open a warehouse or a distribution facility. He stated not allowing these uses as by-right shows the Town has not turned the corner. He stated he raised a stink about the use tables when Pump It Up came in, which has been a wild success. He stated this is the third time something has come from the Planning Commission where two or three commissioners have not weighed in because they were not present. He stated there has to be better attendance at Planning Commission meetings. He stated Council needs to hold a work session on the tables, Council Member Wright stated this area is struggling for an identity because it is a transition area, so they broadened the uses that were contained in the text amendment to help get users in the existing buildings. Town Council Meeting of October 27 2009 Page 18 The motion passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Amending Chapter 10-4 (Elections) of the Town Code to Move the Date of the Town Council Elections c. Amending Chapter 2 Sections 2-2 and 2-3 of the Charter of the Town of Leesburg to Move the Date of Elections Mayor Umstattd opened both public hearings together at 11:09 p.m. Ms. Irby stated there is a minor change to the ordinance of the Charter Amendment. She stated Senator Herring would be willing to carry this requested Charter change forward, if Council approves, but someone will be needed to carry it forward in the House. Ms. Irby stated all the ads were placed timely and the packet would need to go out tomorrow or Thursday to give the Justice Department enough time for pre-clearance. She stated she believes the application is complete, but if the Justice Department asks for more information, the clock starts running again at that time, which could make it very tight. Council Member Wright questioned what paper the public hearing was advertised in and whether it was advertised in more than one place. Ms. Irby stated the Washington Examiner was the only paper that could meet requirements in time to meet the pre-clearance deadlines. She stated it was also posted on the website. She stated there will be another chance for the public to comment should Council adopt. Council Member Wright stated questions from the Justice Department or concerns raised by the public could slow down the process so that we may fail to meet the January 1 deadline. He questioned whether the Town could then revert back to May. Ms. Irby stated it gets muddy here. She stated the Town could chose to ignore the Justice Department, but the Board of Elections might not cooperate. She stated it gets very tight with regards to those who need to declare for a May election. Council Member Wright questioned what happens if the Charter amendment does not pass. Ms. Irby stated the law does not require a Charter change, but if you submit the Charter change, you stand a better chance of being approved. Council Member Wright questioned whether anyone from the Board of Elections is present to answer questions. Town Council Meeting of October 27 2009 Page 19 Ms. Irby stated they could not attend due to a training that was scheduled in Hamilton for election volunteers. Council Member Reid stated he thought people could submit petitions by a late February deadline. He questioned whether this could be deferred. Ms. Irby stated she did not have that information and could not advise Council to follow information that she is not aware of. Ms. Irby stated deferral would not give the Justice Department enough time for their review. Linda Shotton, 232 Edwards Ferry Road, stated she is not opposed to moving the elections from May to November, but as a voter she does not want to give someone a free six months at the end of their term. She stated if the Town decides to do this, they should make people aware of the length of term of the people they are voting into office. The public hearing was closed at 11:18 p.m. On a motion by Council Member Dunn, seconded by Council Member Reid, the following was proposed: ORDINANCE An Ordinance to Amend the Town Code to Move the Date of the Election by Adding Section 10-4 (Elections) from May to November Council Member Dunn stated he feels this is an excellent way to get more people to the polls. He stated it will also bring out new and brighter ideas and possibly new candidates. He stated the logistic issues can take their natural course and if it does not happen, we go with the normal May elections. He stated if this does not happen for 2010, it should be set up for the election in 2012. Council Member Reid stated he can live with either election date, but he believes that having more participation is a good thing. He stated by not supporting this after having gone so far, it will come across as trying to keep Town races to a small, elite group of people voting. He stated keeping an even numbered year in November will be putting it with the federal elections. He stated many bad decisions have been made by various Councils because of the demands of a few and in a low turn-out election, 20-30 people is a lot of voters. He admitted it is tough to do it in such a short amount of time, but he appreciates Jeanette's efforts to get this initiated. Council Member Butler stated everyone seems to be in favor of moving the elections to November because the turnout would be higher and the work load will be less for the poll workers. He stated he has concerns that there is no provision to change back which is a concern since Council is basically rushing into this. He stated while there will be a higher turnout, the ballot will be much longer and the Town elections will be at the end of the ballot leading to less informed voting. He stated he would rather have 18 percent voter turnout of constituents who are informed, rather than 50 percent turnout of people who are just filling out a spot beside the name of a candidate that sounds good. He also expressed a concern that it would turn the ballot much more partisan making it more difficult for an independent to get elected. He Town Council Meeting of October 27, 2009 Paae 20 stated he is not sure he has any desire to run in November and be associated with national and state issues rather than local issues. He stated it may make a difference to a candidate to run with the Board of Supervisor's and senatorial candidates or with the delegates and the Governor. He stated he is unwilling to support this tonight without much more vetting and thought. Council Member Wright stated this process has been rushed. He stated he was surprised that for the Town's 250 year history, the elections have always been held in the spring. He stated he is very concerned about what appears to be a rush to make a change that there is no guarantee can be easily changed back. He questioned why Blacksburg made a change to the odd year. Ms. Irby stated under the rules of the Justice Department, the Town would be allowed to withdraw before the decision, but it would be pushing up against the December deadline, She noted then another public hearing would need to be held to inform the public that the change is not going to take place. Council Member Wright stated he has received emails from people who are both for and against this change. He stated the Town may not get the desired result from being on a national or state ballot. He stated the rush to make this change is a lot more about politics than about governing, Council Member Martinez stated the reason he supported the public hearing was to see who would come out to speak to this subject and he wished there were more people in Town who care enough to voice their opinions. He stated he has not been overwhelmed with the response to change the elections to November. Vice Mayor Hammier stated she has been proactively trying to get feedback from the public, but the general consensus is there may be greater turn out in November. She stated it needs to be handled in a very process oriented way with plenty of community involvement. She stated she appreciates the non-partisanship of the elections in the Town and it is important to stay focused on Town issues, which may be better served by keeping the elections in May. Mayor Umstattd stated she will be voting against moving this forward as it would inject too much chaos into this upcoming election. She stated certain aspects are appealing, but she agrees that if it is going to be done, the Council needs to take time to have all questions answered. Council Member Dunn stated he hoped the Council would be more open to seeing more people coming to the polls. He stated it leads him to think that those voting against it want to ensure that their friends and neighbors get to vote them in office rather than the community. He stated having the election on an even year would ensure nearly two to three times the number of voters currently turning out in May. He stated it is tougher to forget there are elections in November because of the national exposure, which he does not feel diminishes the attention to the local campaigns. He stated he does not feel there would be more confusion between now and November than between now and May. He stated this is simply a smoke Town Council Meeting of October 27 2009 Page 21 screen to allow those personal voters that a candidate may have in their pocket to outweigh the rest of the community. He stated claiming that voters are not educated enough to make effective decisions on the issues, is to claim that only those who recently voted in the May elections are more intelligent than those that voted for the president recently. He stated that is selling the voters of the community far short of their potential. He stated if a candidate is interested in keeping the elections small so people who come out and support them can determine the outcome. He stated extending terms could be seen as self-serving and anyone who doesn't want to be seen that way is welcome to give up their seat and allow someone else to take their place. He stated if the voters feel it is self-serving, they can vote the candidate out of office and they would be able to do it with 7,000 voters, not just 2,500 voters. He stated the idea that continuing with poor voter turnout because it is a tradition is unbelievable. He stated he has not run into anyone who is opposed to this, so the idea that this was not well advertised, is a weak excuse. He pointed out that Council does not always follow the views of those who show up to express their views, and gave the example of the tax rate and water rates. He stated this is a weak excuse that can be pulled out of the pocket when needed. The motion was defeated by the following vote: Aye: Dunn and Reid Nay: Butler, Hammler, Martinez, Wright and Mayor Umstattd Vote: 2-5 Council Member Dunn made a motion to table indefinitely the resolution to change the Charter. The motion was seconded by Council Member Wright. The motion to table was approved by the following vote: Aye: Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: Butler Vote: 6-1 12. ORDINANCES a. 13. RESOLUTIONS a. CDBG Project List Mayor Umstattd stated the two sidewalks under discussion are the one in front of the Fields Apartments and the other one is on Plaza Street. Council Member Wright made a motion to approve the following with Project A (Plaza Street). The motion was seconded by Council Member Butler. RESOLUTION 2009-126 Selecting a Project from the Approved Community Development Block Grant (CDBG) Project List and Directing Staff to Prepare a Grant Application for the 2009 CDBG Program Council Member Wright suggested a friendly amendment to look at designing the project so that it was in the right-of-way rather than taking out the trees. Town Council Meeting of October 27 2009 Page 22 Council Member Butler accepted the amendment as friendly. Vice Mayor Hammier noted the section on Edwards Ferry Road is more expensive. She questioned whether Project A had more chance of being awarded funds because it was co-located near the safety center or Project B because of the high use of the sidewalk on Edwards Ferry Road. Mr. Wells stated there is no definitive answer. He noted one argument would be where the most people would be impacted and the answer to that question would be the Plaza Street project because there is more residential surrounding it. He noted the Edwards Ferry Project has a chance of being funded through a development project that will come before Council in the next month. Vice Mayor Hammier stated the Edwards Ferry segment corresponds that the Town needs to provide the ability for people to walk to employment sites and is more expensive so the Town should seek outside funds. She stated she is ultimately in agreement with Mr. Wells, relative to the points he made. Mayor Umstattd stated there is a good deal of neighborhood opposition to the Banyan Cove development on Edwards Ferry Road. She stated that may affect which project is chosen. She stated her personal thought is there is more need for the project on Edwards Ferry, because pedestrians can cross Plaza Street to use the section on the east side. Council Member Reid stated residents from the Fields Apartments came to the SRTC in 2008 and asked for a sidewalk and amid-block crossing on Edwards Ferry Road, He stated it will probably cost more than $90,000 to build the Plaza Street Sidewalk; however, he thought it would be good to keep in the resolution. He suggested putting it on the work session in mid- November to be revisited in case no action has been taken on Banyan Cove by that time. Vice Mayor Hammier stated she will vote against Plaza because she feels it is important to make a strong statement for the Edwards Ferry Road sidewalk. Council Member Wright stated the Banyan Cove commercial rezoning has not been completed yet, but Banyan Cove has an approved site plan for their by-right residential zoning which includes a sidewalk. He stated if Banyan Cove fails or is delayed, the Town may want to reserve the right to place that project into the CIP. Council Member Reid agreed that is a very good point that there is an approved site plan including a sidewalk for Edwards Ferry. The motion was approved by the following vote: Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1 Town Council Meeting of October 27 2009 Page 23 b. Aoorovina a Memorandum of Understanding for the Business Incubator On a motion by Vice Mayor Hammier, seconded by Council Member Reid, the following was proposed: RESOLUTION 2009-127 Approving a Memorandum of Understanding with the George Mason School of Public Policy's Mason Enterprise Center Vice Mayor Hammier stated a great deal of time and effort was put into this by staff, the EDC and the County Economic Development team. Mayor Umstattd asked for clarification on what the MOU would include. Marantha Edwards stated this would be a Memorandum of Understanding for Phase I, which includes working with Keith Segerson on evaluating the proposals that have been received. Mr, Wells noted there is no cost associated with the service that Mr. Segerson is providing. He added this does not commit the Town past the evaluation of the proposals. Ms. Edwards stated they will return to the November 23rd meeting with a Phase II MOU which would include more specific information regarding space planning and financial elements. Council Member Reid stated he is looking forward to getting moving and having an incubator in Leesburg. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 14. OLD BUSINESS a. Rules of Order/Ethics This item was deferred. Council Member Butler made a motion to suspend the rules. The motion was seconded by Council Member Reid. The motion to suspend the rules passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Council Member Butler made a motion to initiate an I-1 Text Amendment to move the 50% stipulation for recreational uses in the I-1 district so that a recreational facility would be by-right regardless of the percentage of the building used. The motion was seconded by Council Member Reid. Town Council Meeting of October 27, 2009 Page 24 Vice Mayor Hammler stated she would like to look at this as it relates to a broader set of uses. Council Member Martinez made a motion to table to the next work session for discussion. The motion to table was seconded by Vice Mayor Hammler. The motion to table was approved by the following vote: Aye: Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: Butler and Dunn Vote: 5-2 15. COUNCIL COMMENTS Council Member Reid noted he was the only Council Member present at the meeting with Senator Herring. He stated they discussed the legislative program. He stated Senator Herring was asking whether he should ask the State Police to pick up some of the patrol duties in Town. He stated that is something Council may need to think about concerning resources. He stated Senator Herring offered to write letters of support to get something in the federal transportation authorization bill in case the TIGER Grant falls through. He stated he has been pushing for a few years to expand the Flower and Garden Show, so they will be expanding to Wirt Street. He stated he feels this is a good thing. Council Member Butler stated something that needs to be talked about is encouraging Council to have a two week delay on divisive issues. He stated there are a number of citizens that want to provide input. He suggested updating letters from staff so they will clearly state that Council may make a decision at a meeting. He stated he attended the HOA meeting on Clubhouse Drive and the owners of trailers are very concerned over where they can park trailers over the winter. He stated he was sorry he missed the Jasmine Sushi ribbon cutting. He stated he is looking forward to the Halloween Parade. Council Member Wriaht disclosed a meeting with Market Square Potomac Station concerning their continuing development on the property. Council Member Martinez stated he had the honor of picking up the awards at the VMt_ conference. He stated they won the Go Green Competition, which was accompanied by a $3,000 check. He stated the achievement award was for Kaj Dentler and the Parks and Recreation Department and Commission taking the Symington donation and turning it into such a great project. He stated he attended sessions on social networking, public/private partnerships, and said he would summarize the information and send it out in an email. He stated he is excited so many residents came out to voice their opinions about issues in their neighborhoods. He thanked the Boy Scouts for coming out. Vice Mayor Hammler thanked Council Member Martinez for taking time off work to attend the VML conference. She stated it has been tough to juggle the additional meetings with legislators, so she would appreciate going back to evening meetings with the legislators. She stated there is now running water at the Dog Park so owners do not have to bring bottled water thanks to the Friends of the Dog Park group. She welcomed the new county administrator, Tim Hemstreet. She disclosed a meeting with )an Zacharias. She stated it was an honor to be part of listening to all the Town Council Meeting of October 27 2009 Page 25 petitioners who came forward. She stated Bob Twigg is in her prayers. She thanked Marantha on the phenomenal job that was done with the first annual Small Business Development Center business plan competition. She stated all the ideas coming forward were completely energizing. Council Member Dunn stated he was working on his Halloween costume. 16. MAYOR'S COMMENTS Mayor Umstattd sent her best wishes to Bob Twigg. 17. MANAGER'S COMMENTS Mr. Wells had no comments. 18. CLOSED SESSION None 19. AD]OURNMENT On a motion by Council Member Martinez, seconded by Mayor Umstattd, the meeting was adjourned at 12:11 a.m., Wednesday, October 28, 2009. w. I. `Kris n C. Umstattd, Mayor Town of Leesburg Clerk of Council 2009_TCMIN1027