Loading...
HomeMy Public PortalAbout2010_tcmin0727COUNCIL MEETING July 27, 2010 Council Chambers, 25 West Market Street, 7:30 p. m. Mayor Umstattd presiding. Council Members Present: Thomas Dunn, II, David Butler, Katie Sheldon Hammler, Marty Martinez, Kenneth "Ken" Reid, Vice Mayor Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Dunn arrived at 8:06 p. m., left at 10:50 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Public Works Director Tom Mason, Director of Parks and Recreation Rich Williams, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Assistant to the Town Manager Kathleen Leidich, Assistant to the Town Manager Scott Parker, Capital Projects Manager for Design and Engineering Tom Brandon, Transportation Engineer Calvin Grow, Director of Plan Review Bill Ackman, Zoning Administrator Chris Murphy, Deputy Zoning Administrator Wade Burkholder, Economic Development Manager Marantha Edwards, Senior Management Analyst Annie Carlson, Communication and Research Manager Betsy Fields, Senior Engineer Paul Webster and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was lead by Mayor Umstattd 3. SALUTE 70 THE FLAG was lead by Council Member Hammler 4. ROLL CALL showing Tom Dunn absent (arrived at 8:06 p.m.) 5. MINUTES a. Work Session Minutes of July 12, 2010 On a motion by Council Member Martinez, seconded by Council Member Butler, the work session minutes were passed 5-0-1-1 (Hammler abstaining and Dunn absent) b. Regular Session Minutes of July 13, 2010 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 5-0-1-1 (Hammler abstaining and Dunn absent) 6. ADOPTING THE MEETING AGENDA (Amendments and Deletions) Vice Mayor Wright made a motion to adopt the meeting agenda after moving items 12 a, c, f, g, h, and i to the Consent Agenda. The motion was seconded by Council Member Reid The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) Town Council Meeting of Julv 27 2010 Paae 2 7. PRESENTATIONS a. Certificate of Recognition -William W. Potter, Jr. On a motion by Council Member Hammler, seconded by Council -~ Member Butler, a Certificate of Recognition was presented to Master Police Officer Willie Potter for 21+ years of service to the Leesburg Police Department. b. Resolution of Aooreciation -Cheryl Kildav On a motion by Council Member Hammler, seconded by Council Member Butler the following was presented to Cheryl Kilday: Resolution of Appreciation ChBMlYttday President and CEO, Vtsit LiUIMOI/n WHEREAS, on July 7, 2010 Cheryl Kilday announced her resignation as President and CEO of Visit Loudoun (formerly known as Loudoun Visitors and Convention Association) to take on the same role with Spokane, Washington, Regional Convention and Visitors Bureau; and WHEREAS, Ms. Kilday has been the only President and CEO of Visit Loudoun, since its inception more than 15 year ago; and WHEREAS, the Town of Leesburg greatly appreciates the efforts of Visit Loudoun under her direction to expand the market - reach and visibility for Leesburg's tourism industry businesses; and WHEREAS, her participation in numerous stakeholder, commission and business development meetings provided significant industry leadership THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the Town expresses its great appreciation for Ms. Cheryl Kilday and her efforts to help expand Leesburg and Loudoun's tourism opportunities and for increasing Leesburg's tax base through increased visitor spending. RESOLVED this 27`" day of Julv. 2010. c. Certificate of Aooreciation -Bruce Gemmill On a motion by Council Member Hammler, seconded by Council Member Butler, a Certificate of Appreciation was approved for Bruce Gemmill in recognition of his service to the Leesburg Commission on Public Art. d. Certificate of Aooreciation -Christiane Vila Verde On a motion by Council Member Hammler, seconded by Council Member Butler, a Certifcate of Appreciation was approved for Christiane Vila Verde in recognition of her service to the Standing Residential Traffic Committee. e. Certificate of Aooreciation - Maaoie Steinhiloer Town Council Meetino of lulu 27 2010 Paoe 3 On a motion by Council Member Hammier, seconded by Council Member Butler, a Certifcate of Appreciation was approved for Maggie Steinhilper in recognition of her service to the Leesburg Commission on Public Art. f. National Red Cross Karen Wayne delivered a brief report on the past year's accomplishments of the Red Cross in Loudoun County and Leesburg, 8. PETITIONERS The Petitioners section was opened at 7:45 p. m. William "Butch" Porter, stated he did not know how much opportunity there has been for the public at large to discuss the issue of the Downtown Management Association task force. He cautioned Council with regards to the creation of a task force for the purpose of determining how the downtown will govern itself. He stated the Downtown Improvements Association has done a fantastic job of pushing for proper and good governance from this Council in the form of improving the downtown's infrastructure, but he does not feel that dedicating a task force to a management association blessed by the town is not appropriate. He stated this would be creating something without knowing what it could turn into. He stated the intent is noble, but it cannot be guaranteed that the group would always be populated by people with noble intent. He stated he would be happy to help out to improve the downtown. He expressed concern that the creation of aquasi-governmental force would segment downtown Leesburg and downtown resources. Paine Buscema agreed with Mr. Porter's comments. She stated she owns Eyetopia, 223 Loudoun Street and her home on Bugle Court. She stated she is an educated voter and taxpayer who is willing to put her money, time and resources where her mouth is. She stated she expects the Council to show that they are as invested in the growth and vitality of the town as she is. She stated the people of the town look to the Council to set the tone and pace and accept responsibility and ownership of the town both as citizens and elected officials. She stated there is a movement in the town seeking to move the right of responsibility from Council's hands. She stated an interim board of directors is a dangerous first step on a path that cannot easily be reversed. She the DIA and the LC Chamber of Commerce are excellent examples of how private sector groups can work together with public officials to create a clear understanding and set goals for a growing community's needs. She noted that preserving history is to put it under glass and restrict change, but to honor history is to understand the importance of commerce to the vitality of the town. She stated she cannot support putting into place an additional governing body that is not directly of the people, by the people and for the people. Bill Hudspeth, 605 Hillview Place, stated he represents Leesburg Community Church and is Vice-Chair of the Board of Directors. He stated the church is 125 years old with 750 active members. He stated of the 750 members, about 600 are residents of Leesburg. He stated he would not read the letter from Dennis Mathes, but would like it to be part of the record. He stated this is not about Dominion Power and the power line behind the school. He stated this is about the Wage Drive drainage improvements and the easement the town needs to complete this project. He stated the church was there long before the houses. He stated the negotiations are not working so the town will go to court to condemn a 125-year-old church to - solve someone else's problems. He stated the church will have to move the school off site because the town is making the property unusable. He stated the bike trail in Town Council Meeting of Julv 27 2010 Page 4 front of the church will take away the remaining play field that is in front of the church. He stated that putting a trail with strangers on it near the children's play field is putting a lot of people at risk. He asked Council to reconsider the bike trail in front of the church on Lee Avenue. The Petitioners section was closed at 7:59 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Butler, the following consent agenda was proposed: a. Making a Reduction of the Performance Guarantee for Public Improvements Installed in the Interchange at the Intersection of East Market Street (Rt. 71. Rivercreek Parkwav and Crosstrail Boulevard RESOLUTION 2010-098 Making a Reduction of the Performance Guarantee for Public Improvements Installed in the Interchange at the Intersection of East Market Street (Rt. 7), Rivercreek Parkway and Crosstrail Boulevard b. Chance Order for Lowenbach Improvement Proiect Phase II RESOLUTION 2010-102 Lowenbach Street Improvements Phase II Change Order No. 2 for Design and Engineering Services c. Capital Asset Replacement Program Project List RESOLUTION 2010-104 Authorizing Expenditure of Capital Asset Replacement Funds in the Amount of $737,500 d. Town Hall Art Gallery -Approval of the Exhibit by the "Four Loudoun Ladies" RESOLUTION 2010-106 Town Hall Art Gallery -Approval of the Next Art Exhibit by the "Four Loudoun Ladies" August 6-October 30, 2010 e. Chance Order -South King Street Widening Proiect RESOLUTION 2010-107 South King Street Widening Project Change Order No. 14 for Design and Engineering Services f. Change Order -Virts Corner Improvements Proiect RESOLUTION 2010-108 Virts Corner Improvement Project Change Order No. 5 for Design and Engineering Services g. Potomac Heritage Trail Endorsement RESOLUTION 2010-109 Town Council Meetino of ]ulv 27 2010 Paae 5 Authorizing Staff to Enter into a Cooperative Agreement with the National Park Service for the Management of Segments of the Potomac Heritage National Scenic Trail Located within Town Managed Parkland The Consent Agenda was approved by the following vote: Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) 10. PUBLIC HEARINGS a. Linden Hill Public Forum The public forum was called to order at 8:04 p. m, Mayor Umstattd read the proposed resolution. She noted that Section III of the proposed resolution includes authorization of the appropriation of $1 million for design and construction of a one-way access road from Linden Hill Way to Country Club Drive that is contingent upon the successful acquisition of the home and parcel located at 1 Country Club Drive at a cost of no more than $350,000 and contingent upon the Linden Hill Homeowners Association donating the necessary right of way and related easements to the town at no cost to the town and said easements must be dedicated to the town within 30 days of execution of said resolution and in the event the town is unable to provide left turn movements, all property dedicated to the town shall be returned by appropriate legal instrument to the respective owners. Kaj Dentler noticed that there is a correction to the resolution. He stated the house at 1 Country Club Drive is listed at $375,000. Mr. Dentler stated the widening project is broken into two phases. He stated the first phase is from Evergreen Mill Road to just past Greenway Drive which will improve traffic flow and reduce congestion on this section of Route 15. He stated this project has been in the Town Plan since 1986 and is part of the VDOT Six-Year Plan. He stated this is a major transportation element of the network system. He displayed estimates for traffic flow through the next 20 years showing close to double the amount of traffic on Route 15. Mr. Dentler stated the project will include landscaping enhancements to make the roadway more of a boulevard and an entrance feature to the town. He noted the project includes a pedestrian trail on the west side, intersection improvements and signal improvements. He stated there are a variety of funding sources to come up with the $16 million. He stated that staff recommends right-in, right-out, left-in, but no left-out for the Linden Hill intersection. He stated that the traffic signal at Greenway Drive would be installed ahead of schedule to provide a safe, controlled U-turn movement for vehicles that need to go north coming out of Linden Hill. He stated the two access road options are to keep the house and try to work around it, but the other option is to demolish the house and the pool. He stated the first option would make the lot a substandard lot, which would reduce the value of the lot. He stated the options range from $850,000 to $1 million. He stated he cannot guarantee both options as shown can be -- approved, but some variation of the options can be approved. He noted if the home needs to be demolished, special sensitivity and attention needs to be Town Council Meeting of Julv 27 2010 Page 6 given to the home at 3 Country Club Drive. He stated there will be no VDOT funds for the access road and only local dollars would be used and all improvements would be a public responsibility for maintenance and would be an ongoing expense for the town. He discussed the estimated time savings for the access road. He noted the amount of savings over the u-turn movement ranges from 13 seconds to 26 seconds. Mr. Dentler stated that staff's recommendation is a right-in, right-out, left-in only, install the traffic signal at Greenway Drive. He stated that staff does not recommend the access road because the town has to pay for it. He stated if the access road is approved, sensitivity should be applied to the nearby Country Club homes. He noted if the lot is made a substandard lot and sold at a lesser value, those homes will bear the brunt of the loss in value. Council Member Reid questioned why the access road cannot be sited closer to Route 15. Bill Ackman stated safe sight distance needs to be maintained on Country Club Drive. He added that there needs to be enough room on Country Club Drive to stack several cars to minimize the number of cars that would be blocking the right hand turn lane. Council Member Reid questioned the minimum requirements for this access road, i.e. width and curb and gutter. Mr. Ackman stated those are specific design criteria that have not been looked into yet, but staff would try to keep the access road as narrow as possible since the road is one way, but still meet the requirements of the Fire Marshal. Further, Mr. Ackman estimated a minimum of 15 feet wide. Council Member Reid questioned whether the road could be located a little more towards King Street, except at the entrance, in order to save as much of the lot at 1 Country Club Drive. Mr. Ackman stated that staff has done a cursory review, but if Council wishes to move forward, staff will do everything possible to minimize the impact to the neighborhood. Council Member Reid questioned what impact this access road will have on 2 and 4 Linden Hill Way. Mr. Dentler stated this road will be close to the homes and some homeowners may view this as a negative. He stated it is speculative, just as the view that the no-left out of the neighborhood would be detrimental to the home values in Linden Hill is speculative. He stated there is no data to support it. Vice Mayor Wright questioned whether the option to go southward with the access road had been considered. - Mr. Dentler stated that the Virginia Department of Transportation (VDOT) has said the amount of spacing distance between Country Club Drive Town Council Meeting of Julv 27 2010 Paae 7 and Greenway Drive is not sufficient to shift the entrance to give Linden Hill the turning movements that they desire. -- Council Member Hammier questioned whether staff has solicited input from the Linden Hill HOA regarding dedication of the easements. She also questioned whether input had been obtained from the owner of 3 Country Club Drive. Further, she questioned whether an analysis of where the town will find the funds to construct the access road. Mr. Dentler stated that they had not discussed the easements with the HOA or addressed the option with the owner of 3 Country Club Drive because Council had not provided direction on which option they would like. Mr. Wells stated at this time, staff has no specific recommendations; however, they would initially look at existing capital projects to identify any available funds from projects that are already underway. Council Member Butler questioned whether the U-turn option would remain open if the Council votes to build the access road. Mr. Dentler stated there is no reason to delete this from the plan. Council Member Butler questioned how long it will be before Linden Hill residents will not be able to make a left turn out and how long will it take to build the access road. Mr. Dentler stated that construction is scheduled to start in - August/September of 2011. He stated it will take about a year and a half to complete. Further, he stated the estimate for construction of the access road is six months. David Anderson, 1011 White Place, SW, thanked staff for keeping the public well informed of what could be an emotional issue. He noted 13 years ago when the light at Country Club was installed, he was very upset, but now he is used to it and added that it is a good safety measure. He stated when he read about this proposal, he could not see the benefit. He stated he went out on three to four different mornings to watch the traffic flow. He stated there were times when Country Club Drive was very busy and the cars stacked up. He stated his suspicion that cars may try to pull into the right turn lane to wait for the left turn. He stated the Linden Hill residents may get tired of waiting to join the queue for the light and start using the U-turn to actually save time. He stated spending this amount of money for a small group is a bad idea, both principally speaking and from a safety standpoint. Charles Gilliam, 3 Country Club Drive, SW, stated he will present Council with a video of how Country Club Drive backs up every morning. Traci Carter, 7 Linden Hill Way, stated her main concern is finding an alternative to the u-turn movement. She stated she is a nurse and has to go to work no matter what the weather is like. She stated making a u-turn in bad weather scares her to death. -- Sandra Camo Stowbridae, 31 Linden Hill Way, apologized for her sloppy email earlier in the day. She stated that Council's vote will seal the fate of the Town Council Meeting of Julv 27 2010 Paae 8 neighborhood. She stated she is confused because she thought property would be taken from in front of the neighborhood by the South King Street widening. She stated that due to the materials used to build their homes, it is -- imperative that the homeowners be vigilant in order to maintain the structure of their homes. She stated the homes are made of a composite wood that deteriorates easily. She stated that any decision other than a small street connecting to Country Club Drive or a trip signal allowing them to turn north will seal their fate as a neighborhood. She stated the u-turn is not an acceptable alternative for her or her neighbors. She stated as a small, middle- class neighborhood, she is constantly told by her friends and neighbors how much they love her street and how well they maintain their homes and yards. She stated they take pride because they know the work and cost to do this. She stated the homeowners that rent their homes constantly have to be reminded and monitored for proper yard care and home maintenance. She stated when the value of the properties decline due to the Council's decision and according to the realtors that have been consulted, they definitely will decline, the homes will drop into a lower price range and will deteriorate rapidly by attracting those who cannot afford the upkeep cost that is necessary to maintain these properties. She stated that Council's decision will affect the stability of the neighborhood. Bob Stowbridae stated he was happy to see the proposal in the resolution. He stated that most all the exits from Linden Hill are from residents going north into town. He suggested getting the full engineering on the proposal before it is approved. The public forum was closed at 8:41 p.m. Council Member Dunn questioned the estimated future traffic counts. He questioned where the traffic will come from. Mr. Dentler noted there is a commercial area at the front of Greenway Farms and Leesburg South (Meadowbrook) will figure into the traffic volumes. Chris Turnbull, Wells and Associates, stated the 31,000 trip forecast is for the segment south of Battlefield Parkway because it relates to VDOTs numbers. He stated that is based on the travel demand model that is generated by the Council of Governments (COG), which looks at forecasts for the region as well as the town and project the increases due to households and employment. He stated there are assumptions and changes due to changes in the road network. He stated the volume increase includes outside the town regional trips as well as some local trips. He stated he does not have a split of what traffic is in-town traffic as opposed to out-of-town traffic. Council Member Dunn questioned what VDOT's intentions are for widening Route 15 south of town. Calvin Grow stated that the Countywide Transportation Plan shows Route 15 widened to four lanes [o Route 704 (Harmony Church Road). Council Member Dunn questioned what additional numbers would be due to the development of Meadowbrook. Town Council Meeting of Julv 27 2010 Page 9 Mr. Turnbull stated Meadowbrook will contribute about 1,700 daily trips for the segment south of Battlefield Parkway. Council Member Dunn questioned the current traffic capacity. Mr. Turnbull stated about 35,000 for level of service D for a principal arterial. He noted that some segments are already operating at lower levels. Council Member Dunn stated it seems like the town is doing a lot of work for VDOT's benefit and not the town's benefit. He noted that based on VDOT's funding, the widening to Harmony Church Road is not likely to happen soon. He stated it seems like the town is advancing this project too much and he questioned whether it is needed at this time since 30 years from now we do not anticipate having hit the 34,000 mark. Vice Mayor Wright noted that part of the funding for this project is through Federal stimulus grants. He questioned what the time criteria is for this grant. Mr. Dentler stated the stimulus grant requires completion of the funds by March 12 for utility relocation and right of way acquisition. He stated the town is on target to meet the deadline on the east side of Route 15 because there are no complications. On the other hand, the design for the west side of Route 15 needs to be decided so that there will be time to get the utility and easement acquisition work completed. Vice Mayor Wright questioned what work needs to be done on the west side of Route 15. Paul Webster stated the trail will be in the existing right of way. He noted there will be impact to the landscaping in the right of way at the entrance to Linden Hill, but the taller trees will not be affected. Vice Mayor Wright questioned if the town is able to build the road and save the house at 1 Country Club Drive, what would happen to that lot. Ms. Irby noted the lot will be non-conforming but because the town made it anon-conforming lot, it can still be conveyed, but would not have the same ability to make modifications as other lots. Council Member Martinez questioned why the access road to the south was not considered. Mr. Dentler stated taking the access road to the south to connect to Greenway Drive was no time savings over the u-turn movement that was opposed by the Linden Hill residents. He stated the other option was to take the access road through Wing Tip Court, but that would affect Wing Tip Court and still have no time savings over the u-turn movement. Council Member Hammier questioned how long it would get the design and engineering regarding timing changes to the light at Country Club. She stated she is not comfortable moving forward on any resolution that would not - allow a left turn out of Linden Hill without that information. Town Council Meeting of Julv 27 2010 Page 10 Mr. Brandon stated additional surveys will need to be done to show the preferred alignment of the road. He estimated about $25,000 for the work to find a preferred alignment. Council Member Hammler stated she would like Mr. Gilliam's video analysis to be included in the decision as well as the traffic counts for Country Club Drive to try to get a better handle on the pressures at the Country Club exit. She stated she would not feel comfortable moving forward with a resolution unless it included bringing information on design/engineering work back to Council. Council Member Buller stated one of the decisions in front of Council is whether to widen Route 15. He stated another decision is to wait and make no decision, but the deadline for the federal funds would run out. Mr. Dentler stated the town is out of time waiting for an answer. He stated the town will miss deadlines in the utility relocation schedule. Council Member butler noted that in theory the town could approve moving forward with the Route 15 widening and delay decision on the access road until more information is available. Council Member Hammler clarifed that the only portion of the funding that is at risk by delaying is the federal stimulus grant funds. Mr. Dentler confirmed this and noted that the town has reached the deadline to get the utility and easement work done in time to utilize the federal stimulus grant funds. Council Member Hammler stated she does not want to move forward without information on whether they will be causing a ripple effect on Country Club Drive. Council Member Wright confirmed that in order to build the Route 15 widening project, there will be no way to allow a left hand turn out of the Linden Hill neighborhood without constructing the access road. He stated if the town does not use the stimulus funds, the state will most likely not be able to use them either which will decrease the town's chances of receiving any other federal or state grants. Council Member Dunn stated he is not worried about offending anyone in Richmond or D.C. He asked for clarification that the decision rests with the Town Council, not with VDOT and the town would need to find another engineer that would approve the left out turn. Mr. Dentler stated the left out turn movement has to meet the standards that are in the VDOT road design manual. He stated the town can make the decision, but it has to meet the design manual standards. He stated it is a play on words. He stated the town signed an agreement to manage the project and part of that agreement includes meeting VDOT requirements. Council Member Dunn questioned whether the lights could be timed so - that there would be a space for the Linden Hill residents to exit to the north. Town Council Meetino of lulu 27 2010 Paoe 11 Mr. Turnbull stated because of the distance of the lights, there would always be vehicles in the slot between Greenway and Country Club which would cause a conflict with someone turning left. Mayor Umstattd stated she appreciates Mr. Gilliam's civility at the Citizen's Forum. She stated she supports the access road going to the north because the South King Street widening project will have a detrimental impact on a neighborhood. She stated when the town's actions inflicts some level of harm on a neighborhood, the Council has an obligation to try to mitigate that harm. She stated that while this is not a great solution, it is the best one that Council has right now and it would be a mistake to forgo the $900,000 in federal funds. On the motion of Council Member Reid, seconded by Council Member Reid, the following was proposed: RESOLUTION 2010-100 Modification of the Access Plan for the Intersection of Linden Hill Way and South King Street as part of the Town's Widening Project for South King Street Council Member Reid thanked the Linden Hill residents for attending yet another another meeting on this issue. He stated he supports making a decision tonight because he does not feel it is fair to keep making the citizens come to Council. He stated that 1 Country Club Drive is for sale at a good price and if nothing is done to it for over two years, the house will recover in value. He stated the town could probably sell it to defray the cost of the project. He stated the town has done capital projects that have cost at least a million dollars that affect far fewer people. He stated the Balch Library costs $450,000 each year and it gets 10-15 visitors per day. He stated his confidence that staff will work to mitigate the impact on Mr. Gilliam's property and stated that Mr. Anderson raises some very good points about stacking. He stated if the town does not widen Route 15, the South King Street trail will not be constructed and the people in the south want to see the trail extended to Greenway Drive and points further south. Council Member Reid offered a friendly amendment to correct the amount of the house purchase price from $350,000 to $375,000. He also offered a friendly amendment to °authorize an appropriation not to exceed $1 million". He questioned why the language regarding return of the property is being included. Ms. Irby stated if for some reason the town cannot purchase the property for $375,000 or less, or if the HOA declines to dedicate the easements, the [own will not want to retain the other property. Mr. Dentler stated that the staff cannot ignore the Design and Construction Standards Manual. Council Member Reid stated this access road does not need all the bells and whistles. He stated if it can be made 10 feet wide with no curb and gutter, then so be it. Town Council Meeting of Julv 27 2010 Paae 12 Mayor Umstattd stated it is very clear that the majority of Council does not want the home destroyed. Council Member Martinez stated he would be uncomfortable having that language in the resolution because he believes it ties the town's hands. He stated if it comes to that, staff will bring it to Council's attention. Mayor Umstattd noted there will be mixed feelings along Country Club Drive. She stated that some residents may prefer that the home be taken down. She stated her preference not to take the home down. Council Member Dunn pointed out that Mr. Dentler stated it is speculative to talk about the values of homes in Linden Hill, but was very positive it would devalue the home at 1 Country Club if lot became nonconforming. He stated that real estate is speculative. He stated the Town of Leesburg would make a better owner than the people who own the property now. He stated if the town sells the home, the people buying it will have the expectation of the road being there. He stated he is unsure whether he wants to support this motion. He stated he still questions the need for this widening project as it seems to benefit people from outside Leesburg. Vice Mayor Wright stated any time there is an opportunity to get ahead of the curve with respect to transportation improvements, should be taken. He stated the widening project is needed and he supports that. He stated he is torn on the price point of providing the access road for the left turn. He stated he is not optimistic [hat the house will be able to be saved based on the stacking issues. He stated half the things on tonight's agenda are change orders for unexpected things that come up so he does not feel this project price will stay at $1 million. He stated he is sensitive to the frustration of the Linden Hill neighborhood, but is torn as to whether this is a good way of offsetting the impacts of the road project because some of this may be a perceived impact. Council Member Hammler stated she shares the sentiment that the Council is grappling with taking this money because they are dealing with so much cut through traffic through Leesburg, trying to retain what is charming and small about Leesburg and maintain the quality of life for the citizens. She offered a friendly amendment "the town will mitigate the traffic impacts on Country Club Drive through timing of the light and anticipate other solutions". She stated the town needs to start thinking now about what needs to be done on Country Club Drive. Council Members Martinez and Reid accepted the friendly amendment. Council Member Hammler stated the town needs to move forward on the only option available, the access road. She stated there are some things related to the widening that are relevant to the community such as the trail. She stated this is not about figuring out how to save 15-20 seconds, this is about home values and quality of life. She stated it is a tough decision, but she supports moving forward and trying to make the best decision about the impacts on Linden Hill. - Council Member Butler stated the widening needs to be done because in a few years the residents will not be able to take a left turn out anyway Town Council Meeting of Julv 27 2010 Paae 13 because of the traffic. He stated the town cannot stay the way it is because the people outside Leesburg will still come into Leesburg and create more traffic. He stated his feeling that the town will build an access road and no one - will use it; they will make the u-turn anyway because that will end up being the quickest, most obvious way in and out of the development. He stated it does not make a difference in home values whether there is an access road or not. He proposed an amendment to have staff come back to Council with information on what the positive impact of the access road will be. He clarified that this would not delay the South King Street trail. He noted if the house is purchased, the access road can be delayed without impacting the widening. The motion was seconded by Vice Mayor Wright. Vice Mayor Wright stated his perception of the amendment is 1) approval of the median break as outlined, 2) put in the light for the u-turn, 3) purchase the home and design the access road, but have staff report back if there are functional issues with the design. Council Member Dunn stated this gives Council one more chance to say no. He stated Council does not need to drag the citizens out time and time again to make a decision. He stated that people do not like the long term maybe so he cannot support this amendment. Council Member Hammler stated she appreciates the sentiment behind this proposed amendment, but she feels Council needs to give the residents peace of mind that an alternative has been provided. _ Council Member Butler questioned whether staff could be requested to come back to Council if it looks like this idea will not work. Council Member Reid stated he felt that the language included regarding return of properties would address the eventuality of not being able to construct the access road. Council Member Butler pointed out that there is a difference between not being able to build it and being able to build it, but it being ineffective. Council Member Reid stated the road will be used because the traffic will be bad on Route 15. He stated as much as the consultants say that taking a U-turn at Greenway will be safe, the statistics show the truck traffc on Route 15 being three times the state average. The motion to amend failed by the following vote: Aye: Butler and Wright Nay: Dunn, Hammler, Martinez, Reid and Mayor Ums[a[td Vote: 2-5 Vice Mayor Wright proposed an amendment to strike Section 3 entirely, which would eliminate the construction of the access road. The motion died for lack of a second. -- Vice Mayor Wright commented he has concerns about construction of the access road. He stated he supports the overall motion because he Town Council Meeting of July 27 2010 Page 14 supports the widening project; however, he has concerns about construction of the access road. Council Member Hammler stated she would be open to a non- engineering solution, but this is the best option that has come forth. Council Member Dunn stated the only reason he could find to support this would be for completion of the South King Street trail; however, the completion of the trail would also be the cost for the building of the access road. He suggested not going forward with the widening project, taking the $1 million for the access road and using it to construct the South King Street trail. He questioned the audience as to whether they would like to leave Route 15 as it is. Most of the audience was in agreement. Council Member Reid stated for the record that even though the service road was his initiation, he would have liked to have the access point realigned. He stated he hopes that staff will try to minimize the impact and the cost. He requested that staff try to sell the house at a substantial profit so that it does not have an impact on the surrounding neighborhood's property values and the town can recoup the cost of the project. He stated this will provide a safe way for Linden Hill residents to leave their neighborhood. He stated the town will work with the Country Club residents to make sure [here is no problem with prioritization in terms of accessing the light. The amended motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid and Mayor Umstattd Nay: Dunn and Wright Vote: S-2 b. TLSE 2010-0002 Fort Evans Plaza II S ecial Exception The public hearing was called to order at 10:04 p.m. Brian Boucher stated this special exception application is relatively simple in its concept and staff and the applicant are in agreement. Mr. Boucher stated that Fort Evans Plaza II shopping center was approved several years ago and had 21 conditions on the special ezception, one of which was the construction of two office buildings and each office building could have 10% retail. He stated the office buildings were built but the rental market has been poor and the applicant has been unable to fill the office uses. He stated the applicant is asking to consider an amendment to the existing special ezception to allow an additional 10,000 square feet of non-retail, non-office uses. He stated these are B-3 uses that are allowed in a B-3 district, but because of the prior special exception condition, were disallowed. Mr. Boucher stated the Town Plan shows this as community office and sets a maximum of 80% office and 20% retail mix, which is about the opposite of what is approved for this site. He stated, if this special exception is approved, the applicant could get a little over 88% non-office uses, which is a little away from the Town Plan, but the applicant has done a lot of things that met the Town Plan including four lanes of Battlefield Parkway that were constructed by the applicant, the donation of the land for the second water tower, preservation of civil war earthworks, and architectural control of the -- shopping center. He stated that staff feels this makes sense for this development because the office buildings are empty, particularly on the upper Town Council Meeting of Julv 27. 2010 Paoe 15 two floors. He stated none of the uses are straight retail. He stated since the town really wants to honor the Town Plan, but realizes the current market is making it difficult for the applicant, staff suggested a sunset provision that -- gives them 10 years. He stated if the market still has not changed, the applicant can return to Council for consideration of a renewal. Mr. Boucher stated the Planning Commission voted to recommend approval 6-1. He stated the one commission member who had reservations said his vote was to respect the Town Plan. Michael Banzhaf, representative for the applicant, stated there is another 75,000 square feet of office required as part of this project at the end of Battlefield Parkway. He stated the first two buildings had to be built before the shopping center. He stated the upper floors of the buildings have terrific views of Leesburg, which would make it a nice restaurant venue. He stated the other uses they are looking at are personal service uses. He stated they agree with all the terms and conditions including the sunset clause. Council Member Dunn stated he would be willing to add more things to the list of allowed uses including the sale of goods. Mr. Banzhaf stated the applicant is fine with personal services uses. Vice Mayor Wright Confirmed that this would allow uses that would be allowed there anyway if this property was not part of a prior special exception. Mr. Boucher stated they were by-right uses that were conditioned out by the previous special exception. Vice Mayor Wright questioned what would happen to leased spaces a[ the time of the expiration of the sunset clause. Mr. Boucher stated the applicant would have to either come back to Council for an extension or the lease would expire. Mr. Banzhaf stated the applicant is in agreement with this. Council Member Hammier stated she was disappointed with the original vote on Uniwest and the preponderance of retail when that entire area was supposed to be Class A, but supports moving forward with what will help the applicant during the tough economic times. Council Member Butler questioned what would be the downside of eliminating the sunset provision, Mr. Boucher stated it gives respect to the Town Plan. He stated when processing special exceptions, staff tries to respect the Town Plan, and this is a good compromise. There were no citizens to speak on this application. The public hearing was closed at 10:18 p.m. Town Council Meetino of lulu 27 2010 Paae 16 On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following was proposed: RESOLUTION 2010-099 Approving Special Exception TLSE 2010-0002 Fort Evans Plaza II Retail Center Fort Evans Road, N, E., to Permit an Additional 20,000 Square Feet of Non-Office Uses The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Sian Ordinance Text Amendments The public hearing was called to order at 10:20 p. m. Susan Berry Hill stated that staff used a team approach to development of these draft amendments. She stated that tonight's presentation will focus on the changes that occurred through the Planning Commission's review. She stated it has been 20 years since the sign ordinance was last reviewed and a number of things have changed in the community including growth, technological changes in the sign industry, and administration issues. She stated that staff tried to balance the different needs such as those of businesses, tourism, maintenance of the visual quality and charm of the town, safety, clarity of regulation and assuring that there is a predictable and easy permitting process. She stated this was not brought to work session first because there is a large amount of interest in the community about the sign ordinance and staff felt it was important to have the public input folded into Council's review at the onset. She stated that staff recommends proceeding with the public hearing tonight and continue discussion at a subsequent work session. Kathleen Leidich stated the stakeholders who were involved in the process included Sandy Kane (EDC), Tony Howard (Chamber), Scott Gustavson (DIA), Doris Kidder (HDRA), Dave Payne (sign contractor), Mike Collier (Uniwest), ]ohn Ralf (sign contractor), Jackie Gosses (Homewood Suites), Rich Vaaler (commercial realtor). Tony Howard, Loudoun County Chamber of Commerce, stated he was very favorably disposed to the stakeholder process and the execution of the process which reached out to a very diverse stakeholder community group. He stated it was very helpful to have all the information available online for easy dissemination to the business community. Wade Burkholder stated three main issues that came out of the Planning Commission and the discussions with the business community. He stated with regards to window signage, staff was attempting to make things less restrictive. He noted that currently the ordinance states that anything that is visible through the window would need a permit. He stated that staff is trying to establish a regulation that would determine what an actual window sign is and how it is located. He discussed the different Planning Commission recommendations with regards to window signs. Town Council Meeting of Julv 27 2010 Paae 17 Mr. Burkholder discussed regulations concerning strings of light. He stated that currently strings of light are only permissible as part of holiday displays, so additions have been made to increase [he permissibility of strings of lights. Council Member Dunn stated he would need to leave the meeting and would like members of the public to email him with their comments. Mr, Burkholder stated the third issue related to neon signage. He discussed current and proposed regulations regarding neon signs. Paine Buscema, representing the Leesburg Downtown Business Association (LDBA), introduced several other members of the LDBA. She stated she owns Eyetopia, Inc. in downtown Leesburg. She stated much of the new language for the town's sign ordinance has made strides towards the effort of being business friendly, but there is still room to reach out and partner. She stated variety of signage is important to any successful business and thriving businesses are important to any successful town. She stated in Section 15.3.40, the proposed sign ordinance language defines window signs as "all signs whether temporary or permanent, attached to or applied directly onto the surtace of any window or within a distance of three feet inside the window and can be read from the street or parking lot". She stated Leesburg should set the bar and stop the regulatory language of the sign ordinance at the front door. She stated business owners are painfully aware of how much every square foot of space costs including every square inch of window space. She noted that some business owners will cover every square space of window space with signage, but contended that this is no more unattractive than some curtains or mini-blinds. She questioned whether the town will set the bar at being the most business friendly town in the commonwealth by stopping at the front doors. She discussed the use of neon open signs and proposed that every business should be able to use these signs when they feel it is appropriate for their store front. Further, she stated that Section 15.4.15 has been proposed to state that temporary window signs shall be limited to the first Floor. She noted this makes it diffcult for second floor tenants to advertise their businesses. She submitted a sign ordinance petition signed by 46 town businesses. She stated the town must be willing to open the language to allow more signs. Avis Renshaw Mom's Apple Pie, stated the signage in her windows has been covered in Southern Living Magazine. She stated creative signage is something that catches national attention. She stated the more "big boz store" that the nation gets, the mare people are hankering for more Leesburg that does not have everything the same. She stated the prohibition on second floor window signs hurts those businesses. Kerry Gonan, owner of the Pilates Center, stated she is a second story business for six years. She stated the town should be more concerned with the "For Lease" signs than the signs for the businesses that are staying in business. Town Council Meeting of Julv 27 2010 Paae 18 DiLOrenzo, DiLOrenzo Chiropractic, stated her business is located at the Battlefield Shopping Center on Edwards Ferry Road. She stated her business uses their windows to teach the public about what a chiropractic is. - She stated the signs bring in a lot of walk-ins. She stated that is very important to a small business owner. The public hearing was closed at 11:08 p.m. Council Member Reid stated this is a signifcant regulatory change and it would have been nice to have the work session prior to the public hearing so Council could amend it. He thanked staff for their work on this major undertaking. He stated, by and large, the town is moving in the right direction. He stated he hears what the businesses are saying and would like to accommodate them. He questioned whether Council should direct staff to bring this back at a work session. Ms. Berry Hill stated there are options for the Council to consider. She stated the work session could be structured around each issue that needs consideration for further action. Council Member Reid noted that roof-top signage is not addressed in the staff report. He questioned how Patient First could get a road sign to direct patients to their new facility. He discussed neon signage and stated it could be artistic. He discussed temporary road signs for Realtors and churches. Mayor Umstattd stated she does not think that the town should __ regulate any signs inside a business. She stated she feels that second floor businesses should be allowed to have window signs. Vice Mayor Wright stated his appreciation for the public's involvement. He questioned the process going forward. Ms. Berry Hill stated the recommendation is to work through the issues raised by both Council and the petitioners in work session. She stated the staff will prepare a staff report to address the items. She stated at the conclusion of the work session, if Council is ready to schedule another public hearing, it can be done. Vice Mayor Wright stated his concern that the ordinance presented to Council is not the one the Planning Commission worked on. He noted the change in the temporary political signs section. Mr. Burkholder stated this is an error that will need to be fixed. Council Member Martinez stated that Council needs to address the public's issues before moving forward. He requested that Ms. Buscema submit her comments so that Council can directly address them. Council Member Hammier stated she sincerely appreciates everyone's hard work. She stated this is about ensuring that Leesburg deals with the clutter and sprawl that pollutes the areas outside the downtown. She stated it --- would be helpful if this issue was put on the website in a more easily accessible place. Town Council Meeting of lulu 27 2010 Page 19 Council Member Butler stated a lot of effort went into this document and he appreciates the effort. He stated he does not support any really large - changes to what these groups came up with because he trusts their work. He stated he does not want to turn Leesburg into Vegas with windows covered with signs. He requested clarifcation on the types of lights since it appears that LED or non-incandescent lighting will not be permitted. d. North Kina Street Drainaoe Improvements Proiect The public hearing was called to order at 11:23 p.m. Ms. Irby stated that the town has 60 days after the completion of a project to file a Petition for Condemnation should the town have not reached an agreement with the property owner. She stated the property owner wants more time to get an additional appraisal; however, the project was completed on July 6. She stated the town will proceed along the judicial course and noted this is not a hostile condemnation, but a procedural course. She stated the town will continue to negotiate with the property owner to allow her more time to get an appraisal. There were no members of the public to address this public hearing. On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed: RESOLUTION 2010-101 A petition in Condemnation to be Filed to Acquire a Permanent Easement from PIN 230-18-3564 for the North King Street Drainage Improvements Project The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) 11. ORDINANCES a. None 12. RESOLUTIONS a. TIGER II Grant On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: RESOLUTION 2010-103 Endorsing the Application and Authorizing the Town Manager to Execute Any and All of the Documents Associated with the Submission of a TIGER II Discretionary Grant Application for $12,560,000 for the South King Street Widening Project The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) Town Council Meetino of Julv 27 2010 Paae 20 b. Making Aooointments to the Downtown Task Force Council Member Reid made a motion to defer. The motion was seconded by Vice Mayor Wright. Council Member Reid stated he would like to get members of LDBA to look at the proposed membership at the next meeting. Vice Mayor Wright requested that the EDC have an opportunity to look at this to see if this is the right way to approach this or has a better idea on how to do it. He requested this be deferred until it is brought back by those organizations. Council Member Butler stated his understanding was that there was a task force set up that is requesting an adjustment of membership so they can finish their task. He questioned who is asking for [his deferral. Mayor Umstattd stated she has heard from business owners downtown who have expressed concern over where this might go. She stated that although this is styled as a task force, there is concern it could turn into more than that. She stated she is not in support of continuing with any kind of downtown authority or management group. She stated this should be carried by the private sector and the town needs to get out of it. Vice Mayor Wright stated he has heard from private sector people who have not been involved as stakeholders as well as stakeholders that want to regroup and readdress based on community feedback. Council Member Butler expressed his opinion that aborting the process before it gets started is not in the spirit of the process that was begun by Council. Council Member Hammler stated the Council was looking to the private sector to have their own group, but now it is an amorphous thing. She stated this may not be the right direction. She stated she feels the central issue is the town's responsibility to leverage town funds, in particular with the downtown improvements project. She recommended nominating two members of Council, Martinez and Butler, who would have the responsibility to move forward and determine how to move forward with the existing CIP and break it down into manageable pieces to break it down to pieces. She stated the formation of a group was supposed to bring forth private sector funds. Council Member Reid stated he wanted to give the Downtown Business Association time to suggest their members for this group. The motion to defer passed by the following vote: Aye: Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: Butler Vote: 5-1-1 (Dunn absent) c. Making Aooointments to the URAC and Scope of Work On a motion by Council Member Wright, seconded by Council Member Butler, the following was proposed: RESOLUTION 2010-105 Town Council Meeting of July 27 2010 Paoe 21 Making Appointments to the Utility Rate Advisory Committee and Amending the Committee Charge - Vice Mayor Wright stated this will help get Council moving forward as it addresses several issues that Council has been working on including the tiered rate structure. He invited members of the public who would like to be appointed to submit their letters of interest. Council Member Reid stated he has spent the last two weeks trying to get a resident who has a background in water and sewer to be nominated to the Committee. He stated he would like to find someone who is a restauranteur or a heavy water user. He confirmed that two business owners can be appointed. Vice Mayor Wright stated that both out of town members have expired so the out of town members will need to be reappointed. The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay; None Vote: 6-0-1 (Dunn absent) 13. UNFINISHED BUSINESS a. None 14. NEW BUSINESS a. Downtown CIP _ Council Member Martinez stated he would like to give the staff direction to start working on the other CIP projects and focus on King Street for the next few meetings. He stated staff needs to be given direction to start working on the rest of the projects. Council Member Martinez made a motion to this effect. The motion was seconded by Council Member Butler. Council Member Butler stated he would like to hear some feedback from the Town Manager whether this is feasible or whether the scope needs to be narrowed. Council Member Hammler asked for elaboration on how staff might have a role in prioritizing and ensuring private sector financial commitment to support the public sector funds. Mr. Wells stated it would make sense to narrow the list. Further, he noted the sequence of the projects will need to be determined. Scott Parker confirmed that the other projects are the alley improvements, east end triangle and Loudoun Street east which goes down to the intersection with Harrison Street. Mr. Wells stated those three projects would be staff's recommendation for moving forward while working with the stakeholders to bring something back to Council for the September meeting. He stated these components would make the most sense from a phasing perspective. Town Council Meeting of lulu 27 2010 Paae 22 Council Member Martinez stated he would like to amend his motion to kick start these three projects and have staff come back at the next meeting with information on what is needed to start the rest of the projects. Mr. Wells stated he would recommend resolving King Street because it is a major variable in terms of total cost. He stated once King Street has been decided, it will give Council a better idea of what range there is left to work with in terms of the total budget. He stated that within each project, there are various components that would be built by others, so there is other investment involved in these projects. He gave the example of the alley and discussed the other sections that property owners could do to greatly enhance the project. Council Member Hammler made a friendly amendment that when staff brings back to Council specific recommendations that those recommendations include private sector financial commitment, that it will be anon-negotiable element in moving forward. Vice Mayor Wright urged caution as some of the frontage improvements that would be needed by the private sector are too significant to levy on an individual property owner. Council Member Martinez stated he was under the impression that these are town infrastructure improvements and the businesses could collaborate to do their own improvements at the same time. He declined the amendment as not friendly. Council Member Hammler stated there is inherent value in bringing in someone who can convey the messages heard during the stakeholders meetings and phrase them in a very productive way. She stated this is a complex issue that will need to come back. Council Member Reid questioned the estimated cost of the alley, east end, and the East Loudoun Streets. Mr. Parker suggested the Loudoun/Harrison Street intersection. Council Member Reid agreed. Mr. Parker stated the alley improvements are approximately $400,000, the east end triangle is a little over $400,000, Loudoun Street east is approximately $250,000, and the Loudoun/Harrison Street intersection is approximately $200,000. Council Member Butler stated he does not support this list at all because his understanding was that staff picked the priorities based on the fact that they eliminated King Street because of the controversy and these three projects did not have controversy. He stated he thought Council was pretty clear that staff needed to come back with as many projects as could be done, without King Street and forgetting about the $1 million limit. He stated he cannot support these three projects as they are not the right projects to start with. He stated he understands the wish to move forward, but not with these projects. Town Council Meeting of Julv 27 2010 Paoe 23 Mr. Parker cautioned that there is a lot of business outreach that will need to be done before the King Street project can be even started. He stated starting with these three projects would be a way to get people used to the construction and to frame the final improvements to King Street while staff prepared the King Street businesses for the upheaval that would be caused the King Street portion of the project. Mr. Wells stated that King Street would still be first, but the design and preparation will take some time and what Council Member Martinez is suggesting is to fit something in. Vice Mayor Wright stated that was not what he understood at the meeting two weeks ago. Council Member Reid stated he does not support the King Street project unless someone can show him where the parking will be replaced. He stated he supports these four projects. He stated he is willing to cut the alley from the mix. Vice Mayor Wright stated the public was told that a decision would not be made until September. The motion failed by the following vote: Aye: Martinez and Reid Nay: Butler, Hammler, Wright, and Mayor Umstattd Vote: 4-2-1 (Dunn absent) _ Mayor Umstattd made a motion to suspend the rules to allow Council to vote on her nominee for the Commission on Public Art. The motion was seconded by Vice Mayor Wright. The motion to suspend the rules was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) On the motion of Mayor Umstattd, seconded by Council Member Reid, the following was proposed: RESOLUTION 2010-111 Making an Appointment to the Commission on Public Art (Donna Cid) The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) 16. COUNCIL COMMENTS Council Member Hammler expressed her condolences to the family of Bob Lilly on his passing. 16. MANOR'S COMMENTS None. Town Council Meeting of July 27 2010 Paoe 24 17. MANAGER'S COMMENTS None. 18. CLOSED SESSION None. 19. AD]OURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 12:03 a. m., Wednesday, July 28, 2010. K D. ght ice Mayor ow ee rg ES Clerk of nc~l zoio tcminaw