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HomeMy Public PortalAbout2010_tcmin1130COUNCIL MEETING November 30, 2010 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Thomas Dunn, II, David Butler, Katie Sheldon Hammier, Fernando "Marty" Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Airport Director Tim Deike, Director of Parks and Recreation Richard Williams, Deputy Director of Utilities Aref Etemadi, Director of Plan Review William Adman, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Zoning Administrator Chris Murphy, Economic Development Manager Marantha Edwards, Assistant to the Town Manager Kathleen Leidich, Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson, Business Retention Coordinator Debi Parry and Clerk of Council Lee Ann Green AGENDA 1. CALL TO ORDER 2. INVOCATION was led by Candace Brinkley 3. SALUTE TO THE FLAG was led by Mayor Umstattd 4. ROLL CALL showing all members present 5. MINUTES a. Work Session Minutes of November 8, 2010 On a motion by Council Member Butler, seconded by Council Member Reid, the work session minutes were passed 7 -0. b. Regular Session Minutes of November 9, 2010 On a motion by Vice Mayor Wright, seconded by Council Member Butler, the minutes were passed 7 -0. 6. ADOPTING THE MEETING AGENDA (Amendments and Deletions) Vice Mayor Wright made a motion to adopt the meeting agenda as presented. It was seconded by Council Member Martinez. The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 7. PRESENTATIONS a. Proclamation Native American Heritage Month ITEMS 1 1 Page COUNCIL MEETING November 30, 2010 On a motion by Council Member Reid, seconded by Council Member Dunn, the following was proclaimed: PROCLAMATION NATIONAL AMERICAN INDIAN HERITAGE MONTH NO VEM' ER 2010 WHEREAS, on November 15, 1994 President Clinton issued a proclamation based on Senate Joint Resolution 271, designating the month of November as "National American Indian Heritage Month; and WHEREAS, American Indians, the first Americans, have made enormous contributions to the life of our Country and the earliest beginnings of its history; and WHEREAS, American Indians have greatly enhanced the culture, prosperity and greatness of our Commonwealth and nation; and WHEREAS, local organizations such as the Loudoun Museum and the Thomas Balch Library both offer a variety of information for individuals who wish to discover the contributions that American Indians have made to Loudoun County and nationwide; and WHEREAS, it is fitting to recognize the many accomplishments and contributions of American Indians to our shared culture and to the preservation of our lands and of the tradition of America's first inhabitants.. THEREFORE PROCLAIMED, by the Council of the Town of Leesburg in Virginia the month of November of the Year 2010 as National American Indian Heritage Month in the Town of Leesburg and urge the citizens of Leesburg, as well as all community organizations, to preserve and remember the accomplishments of Native Americans throughout the history of our nation. PROCLAIMED this 30 day of November 2010. b. Certificates of Recognition Leesburg Raider's Flag Football Team On a motion by Council Member Reid, seconded by Council Member Dunn, the Certificates of Recognition were awarded to the members and coaches of the Leesburg Raiders Flag Football team upon their return from a 4 -1 tournament record. Mark Cotton Thomas Irving Nicholas Kallivokas Jeremy Roach Zach Garrett Tyler Judd Mason Price Jalen Thomas 2 1 Page COUNCIL MEETING November 30, 2010 Ryan Thomas Scott Kallivokas Hassan Turner Richard Thomas c. Air Show Update Dennis Boykin, Chairman of the Airport Commission, thanked all the members of staff for the work put into the Air Show. He stated the event came in under budget and has money left for next year. Further, he stated three quarters of the sponsors are lined up for next year. He stated attendance was somewhere in the vicinity of 6,000 attendees with no injuries. 8. PETITIONERS The Petitioners section was opened at 7:51 p.m. John Mileo, 808 Wilkinson Drive, NE, #304, questioned why the Town of Leesburg uses the name "holiday" to describe the events now being advertised on the net and in print as the lighting of the "Holiday Tree" and promotion of the "Holiday" Parade. He stated there is another significant holiday in the month of December, but this year it is well before Christmas and is commonly known as the Jewish Festival of Lights or Hanukkah. He requested the events be renamed. Marla Decrisco, 2 Country Club Drive, asked Council to reconsider the purchase of the parcel at 1 Country Club Drive to build an access road from Linden Hill to Country Club Drive. She stated it will impact her because she will not have parking for visitors anymore because they will reconfigure the island. Further, she stated it will cause more traffic in her neighborhood. She stated that traffic builds up at the light and people from Linden Hill will not want to wait to pull onto Country Club Drive for the left turn onto Route 15 which will cause them to turn right out of their neighborhood leaving a road that the town spent a lot of money on and is not needed. Marion Wolf, 1004 Orr Circle, SW, asked Council to reconsider the access road from Linden Hill to Country Club. She stated the drawings look beautiful and it looks like there is a lot of space in that area. She stated the road is very narrow there and traffic does back up in the morning past Orr Circle. She stated a million dollars is a lot to spend when money could be spent in other places, possibly keeping jobs. Charles Gilliam, 3 Country Club Drive, thanked the Council for their time and dedication as elected officials. He stated he wished Leesburg residents would take the time to vote in local elections. He stated he objects to the plan to spend $1 million for a one block, 16 foot wide auxiliary road to serve 37 houses. He stated his concern that this will set a precedent for other parts of Leesburg to expect the same relief in the future if a similar situation presents itself. He stated Linden Hill is the first, but not the last of the $1 million special projects that will have to be built with Leesburg tax dollars to serve a small neighborhood. Stephanie Lalumiere, 604 Country Club Drive, stated she is against this project. She stated she sits an enormous amount of time at the light. She stated Country Club was there first, even though she feels for the Linden Hill people. 3I Page COUNCIL MEETING November 30, 2010 Cecelia Scan, 1003 Orr Circle, SW, stated this is not the best way to solve the traffic problem for Linden Hill. She asked Council to reconsider. Arthur G. Busher, 503 Country Club Drive, stated when the vote was initially taken in the summer, there were a number of people who were away on vacation. He stated he was shocked that the town would consider spending this kind of money on a project that will only affect 37 houses in a small neighborhood when there are over 300 houses in the Country Club Drive area that will be affected. He stated this is a limit access /exit with over 300 cars going through it every morning. He stated adding more cars at this time will make it more unmanageable. He stated eventually Linden Hill residents will find it too difficult. Julie Busher, 503 Country Club Drive, stated this will interfere with her neighborhood. She stated Country Club was here first and no one complained when Linden Hill was first built about how they would get onto Route 7. Larry Hutchings, 8 Country Club Drive, SW, requested that Council reconsider their vote on the roadway. He stated a million dollars for 37 families is a lot of money to be spent on saving 5 seconds. He stated the growth in the area has been terrific and he does not know how those people will get out. Mary Barnes, Linden Hill Way, stated she is speaking on behalf of many of the neighbors. She stated the access road was not their first choice but was the only choice that anyone gave them. She stated blocking the exit was not a choice. She stated Linden Hill Road is a private road so for 20+ years, Linden Hill residents have paid taxes for services they do not receive. She stated they do not complain about this. She stated her wish for Council to continue to go forward with what had been agreed upon for Linden Hill to have access to a left turn to get into town, rather than a circuitous method. Raymond Jones, 33 Linden Hill Way, noted this was the last option that Linden Hill residents had for turning left into town. He stated this will devalue their properties. Further, he stated Linden Hill will be giving some land to the town for the road and will help with the maintenance. He suggested that Linden Hill could use the house and the pool as a country club. Sondra Camp, 31 Linden Hill Way, stated the best option is not widening Rt. 15 so that the access road is not necessary. She stated since Rt. 15 will only be widened to Greenway Drive, the traffic will back up past Country Club Drive. She stated there are many special projects for neighborhoods around town that cost a lot of money. She asked Council to consider discontinuing the widening of Rt. 15. She stated if people in Linden Hill can park in their driveways, the people on Country Club will have to park in their driveways too. Lauren Goulard, Linden Hill Way, stated she is the Vice President of the Linden Hill Homeowners Association. She stated the neighborhood does not want to put this 4 1 Page COUNCIL MEETING on anyone in Country Club. She stated it is not about 37 homes being inconvenienced. She stated it is about minutes added to any medical emergency. Sam Stowers, Linden Hill Way, pointed out that several months ago everyone was in favor of a left hand turn and then everyone was in favor of the access road. He stated it is a matter of doing what's right. He stated if the neighborhood is unhappy with Council, they cannot take their votes back. He stated the neighborhood has paid property taxes for 15 years and not had any paving or snow clearing. Hilary Stowers, Linden Hill Way, stated many neighbors asked her to speak on their behalf. She stated she has a written statement from the Harlans: "Our household is expecting the town to uphold its prior decision to give Linden Hill Way a left out into town The Fadely's said "Unfortunately, my husband and I could not attend the meeting tonight; however, we strongly support the access road to Country Club as our only way of making a left turn out of our development. We feel that any other option would be too dangerous for ourselves, other residents, and to our 16- year -old daughter, who is driving. We appreciate all of your efforts to date to make this a reality. We hope you will continue to support the access road. Thank you Ms. Stowers asked Council to honor the commitment made to Linden Hill Way. She stated the debate surrounding the widening of Rt. 15 and the access to Linden Hill has gone on too long. She stated she thought the issue was resolved. The Petitioners section was closed at 8:23 p.m. November 30, 2010 Council Member Hammler made a motion to suspend the rules in order to vote on changing the name of the Holiday Tree and Parade to the Christmas Tree and Christmas Parade. The motion was seconded by Council Member Martinez. The motion to suspend the rules failed by the following vote: Aye: Dunn, Hammler, Martinez, Wright, and Mayor Umstattd Nay: Butler and Reid Vote: 5 -2 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following consent agenda was proposed: a. Making a Supplemental Appropriation of $153.14 from a Donation to the Community Outreach Program RESOLUTION 2010 -146 Approving a Supplemental Appropriation of $153.14 from a Donation to the Community Outreach Program b. Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Valley View Subdivision 5 1 Page COUNCIL MEETING November 30, 2010 RESOLUTION 2010 -147 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Valley View Subdivision c. Authorizing Easement to VEPCO /Comcast at Carr Tank RESOLUTION 2010 -148 Granting an Easement to Virginia Electric and Power Company VEPCO) and Comcast for the System Upgrade at the Site of Carr Tank d. Sycolin Road /Hope Parkway Traffic Signal Authorization for Easement Acquisition RESOLUTION 2010 -149 Declaring that a Public Necessity and Use Exists and Authorizing an Offer to Acquire Easements for the Traffic Signal at Sycolin Road and Hope Parkway e. Virt's Corner Improvements Project Authorization for Easement Acquisition RESOLUTION 2010 -150 Declaring that a Public Necessity and Use Exists and Authorizing an Offer to Acquire Right of Way Dedications and Easements for the Virt's Corner Improvements Project f. Initiating Amendments to the Leesburg Zoning Ordinance to Permit a Place of Worship as a By -Right Use RESOLUTION 2010 -151 Initiating Amendments to the Leesburg Zoning Ordinance to Permit a Place of Worship as a By -Right Use Under Certain Conditions in the I -1, Industrial Research /Park District The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 10. PUBLIC HEARINGS a. Development Fee /Miscellaneous Utility Fee Recommendations The public hearing was opened at 8:26 p.m. Annie Carlson stated this is an update of the fee study performed in 2009 with some new information since the development process has been improved. 61 Page COUNCIL MEETING November 30, 2010 She stated as a result, some of the cost numbers were updated which resulted in new recommended fees. Vice Mayor Wright questioned what process was followed to develop the fees that are in the proposed schedule and when the last time changes to these fees were adopted. Ms. Carlson stated a cost allocation plan was used, which takes into account both direct labor costs and indirect costs including overhead labor. She stated it is the exact same process used by Maximus in the fee study performed in 1995 to compare "apples to apples Further, she stated there is a column in the fee inventory that records the last time a particular fee was updated. Council Member Butler asked for a clarification of the rezoning fee. He stated it is requested to be $32,000 for more than 10 acres. He questioned how many submissions would this fee cover. It was noted that this covers the first three submissions. Council Member Butler questioned whether nonprofits are held to a different cost schedule. Ms. Berry Hill stated for Special Exceptions, there is a different fee for nonprofits. She noted that typically the application that a nonprofit would be submitting would be for a special exception use in a district rather than a rezoning. Council Member Butler questioned how much revenue are these new fees expected to generate on an annual basis. Ms. Carlson stated a minimum expected revenue that would have been collected in 2009 if these fees were in place would have been around $400,000 from all three areas. Mr. Adman stated that 2009 would be a fairly typical year. There were no members of the public wishing to speak during this public hearing. The public hearing was closed at 8:35 p.m. On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: ORDINANCE 2010 -0 -025 To Revise the Review and Inspection Fee Schedule (Effective March 13, 2007) Referenced in the Subdivision and Land Development Regulations 7I Page COUNCIL MEETING (effective August 12, 2008) and the Zoning Ordinance (Effective September 28, 2010) to Revise, Initiate and Delete Certain Fees Charged for Town Services; Review Certain Miscellaneous Utilities Fees referenced in Town of Leesburg Resolution 95 -96 (Authorizing the Town Manager to Charge for Miscellaneous Fees and Changes of the Water and Sewer System) Adopted May 9, 1995 and 99 -131 (Authorizing an Agreement for Construction Hydrant Meter Rental) Adopted May 11, 1999, a November 1, 2002 Memorandum Approved by the Town Manager Charging Fees for Tuscarora Landscaper's Choice (TLC), and Revising and Codifying Other Utilities Fees to be Incorporated into Section 34 of the Town Code; and Amend Appendix B (Fee Schedule to the Town Code for Right of Way Permits (Section 30.2) Vice Mayor Wright stated the benefit to the public is the fees are closer to covering the actual cost as opposed to having taxpayers cover the costs incurred in development application review. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 b. Sign Ordinance The public hearing was called to order at 8:36 p.m. November 30, 2010 Kathleen Leidich gave a brief overview of review of the sign ordinance thus far. She stated this project was begun in February with a meeting of the stakeholder team which included the president of the Chamber of Commerce, members of the Economic Development Commission, members of the Downtown Improvement Association, sign vendors, hotel operators and other business persons. She stated the Planning Commission held two work sessions and Council has held two work sessions. She noted that some of the online concerns that have been expressed were concerns about clutter, maintaining the town's charm, and focusing on streamlining the existing regulations. Ms. Leidich noted that the draft language for the ordinance was based on a consensus of Council member comments from the two work sessions. She reviewed the status of Council consensus on each of the different types of signs and visual representations of what would be allowed and not allowed under the varying options. 8' Page COUNCIL MEETING November 30, 2010 Mary Harper, Vice Chair of the Planning Commission, addressed the consensus of the Planning Commission regarding the proposed sign ordinance changes. She stated the Planning Commission took the directive of the Council to create a sign ordinance that will maintain the image of adequate signage without creating sign blight and sign competition within commercial corridors. She stated the Planning Commission held a public hearing and two work sessions and recommended language and agreed with some revised language in the draft ordinance. She expressed the Planning Commissions concern for the H -1 Historic District, sign coverage, comprehensive way finding for lodging establishments and the H -2 corridor sign guidelines. She stated the Planning Commissions' opinion that sufficient flexibility has been added to existing language to achieve the delicate balance of being business friendly and protecting the character of Leesburg. Vice Mayor Wright expressed confusion with the draft ordinance and whether it represents only the Planning Commission recommendations and only those items that have consensus. Mr. Boucher stated that staff looked at the Council preferences and if there was a majority for one option, that was the option included in the draft ordinance. Further, he noted the draft ordinance provided to Council is the same draft language that was provided in the agenda packet, only arranged in ordinance format. Council Member Hammler stated there has been a great effort from a significant number of people, but she feels there are "too many cooks in the kitchen However, she stated one of the guiding principles is that stated by the Urban Land Institute (ULI) of preserving what is best about Leesburg and ensuring there is no sign pollution. She questioned what the cost of that type of review would be to help provide direction. Ms. Berry Hill stated she spoke with Mr. Ed McMahan from ULI to find out if the ULI provides a service of reviewing sign ordinances, which they do not. She stated he would be willing to talk to the town about signage in general for a sum of $2,000. She stated she has called other organizations to see if they would perform that function and offer some constructive critique, but has not heard back from them yet. Dieter Meyer, Chair of the Board of Architectural Review (BAR), stated the BAR agreed in many places with the Planning Commission. He stated what should be focused on is what is permitted rather than what is not permitted. He stated historic neon has not always been fully appreciated; however, in looking at historic photos of the town, there are a lot of buildings that had neon. He stated the BAR's concern regarding the essential deregulation of signage that is not touching the window. He stated the recognition that most merchants will advertise their properties well and tastefully; however, the concern is that there 9 1 Page COUNCIL MEETING November 30, 2010 will always be those out there that will do anything and once those start popping up, it would be harmful to the aesthetic and character of the downtown. Paige Buscema, 105 Bugle Court, stated she and Butch Porter were asked to participate in the sign ordinance review on behalf of the Leesburg Downtown Business Association. She stated they have provided both written and oral feedback on signage. She stated she and her employee visited nearly 50 businesses inside and outside the historic district to understand how they use signage and assess the potential pitfalls for businesses once the new document begins to be enforced. She stated she submitted a petition signed by more than 40 businesses outlining the primary concerns and needs expressed by a vast majority of the Leesburg Downtown Business Association membership. She stated the fears of show windows filled with lighted signs but she stated the opposite could be a town filled with dark windows and retail spaces converted to non retail uses. She stated that signage is the first sign of life and vitality in a business district and there is a reason why town centers all over the country light up their trees and landscapes with strings of lights all year round. She requested the language of this document be truly business friendly enough to allow remarkable and creative things to happen in this town. She stated if the town governs on fear, the town will fall short of its potential and mediocrity will be fostered. Further, she added that the town should not be able to regulate signage inside the building. Liz Woodlock, 13 Wirt Street, SW, stated that signage in California is well lit up. She stated she moved to Leesburg because it is beautiful as part of the history of the country. She expressed concern with the historic area as it is unique and important to protect. Stephanie Lalumiere, 217 Loudoun Street, SE, expressed her concerns and confusion over what is proposed. She stated without signage, drivers cannot find her driveway to her parking lot. She expressed concern that businesses will be suffocated by regulation. Bryan Crosswhite, 14 Loudoun Street, SE, stated he has been open for over a year and having the same issues with the regulations on signs. Further, he stated without a neon open sign, he will lose business in the winter time. He stated he has just opened his third restaurant in Washington, DC, and asked Council to carefully consider neon signs. Don Devine, 1 Loudoun Street, agreed with Ms. Buscema. He stated he is all for recreating historically appropriate neon signs. Further, he expressed his opinion that Council should not regulate into the stores. He stated it is important to protect the nature of the town, but all the strip malls have huge windows and retail tenants live and die by the window presence. Wayne Baker, 206 East Market, stated he owns and operates the Home Specialty Store and has listened to all sides. He stated the sign is the face of a business and how it presents itself to a potential customer. He stated the battle 10 Page COUNCIL MEETING November 30, 2010 that should be waged is to keep and protect independent businesses downtown and help them prosper in these hard times rather than trying to restrict them with more time consuming and costly regulations. He questioned whether the lack of signs and growing number of for lease signs a much greater risk to everyone? He urged Council to listen to the business people who work downtown every day as they are the life blood of what goes on in town every day. Butch Porter, 7 Loudoun Street, stated he wants to make three general points: 1) the purpose of signage is to attract business to the establishment. He stated he is a proponent of a pedestrian oriented community, but the purpose of signage is to attract business to the establishment, which includes vehicular traffic. He stated having flexibility in the historic district is important. 2) the role of regulation in the historic district is to protect the character and architecture, not to determine for businesses what is good for their businesses. 3) restrict language in the ordinance is not business friendly. Avis Renshaw, 220 Loudoun Street, SE, stated she was glad that staff devised a 50% coverage scenario so she would not have to take her signs out of the windows. She stated she does not know where upstairs businesses stand in terms of signage, but if someone rents commercial space upstairs, it seems unfair to prohibit them from having a sign. She asked that Council be "small" business friendly, not just business friendly. She stated the small businesses are the charm of downtown Leesburg. Neil Steinberg, 2a Loudoun Street, SW, stated he will be entering his 33r year in business, which gives him a little perspective. He stated this is not the first time the town, county and nation have seen ups and downs in the economy. He stated those ups and downs have nothing to do with the sign ordinance and the sign ordinance has nothing to do with those variances. He stated when he reviewed the final draft, he was struck by the first proposed item, which says "foster business growth and vitality and provide flexibility to respond to market and economic trends He stated writing a sign ordinance to those specifications is the worst planning and does not understand the ideology that in difficult economic times it is difficult to afford to do the good and necessary things He stated the success of the businesses in downtown Leesburg has far less to do with the sign regulations than the quality and nature of the businesses. He stated the property owners, both retail and residential, have invested in the historic district with the expectation that the historic character of the downtown will be maintained. He stated there are a lot of issues to be resolved but the BAR and the Planning Commission have offered reasonable compromises. He urged the Council to follow the recommendations of the appointed commissions. Doris Kidder, 139 Woodberry Road, NE, stated she is on the Planning Commission but is commenting as a private individual. She stated the Planning Commission took the comments of the business people very seriously and the 50% for temporary signs, up from 25 was mainly to bring Mom's Apple Pie into conformance. She stated the Ed McMahan with the ULI wrote an article 11 P age COUNCIL MEETING November 30, 2010 about signs which gives a lot of helpful guidance without having him come in to speak. Sola Palotta, 109 South King Street, asked Council not to regulate three feet inside the businesses. She asked that Council allow simple "open" neon signs in the historic district. She stated they are not asking for signs with motion, just simple open signs. The public hearing was closed at 9:39 p.m. Mayor Umstattd stated there are differing opinions on whether this should be deferred to a work session or whether it should be acted on this evening. Council Member Reid requested committee of the whole discussion. He stated there are only a few areas of contention and only those areas need to be discussed. He suggested adopting the portions that have no issues. Regarding animated signs, Council Member Dunn questioned whether the word "balloons" can be deleted. Mr. Boucher stated balloons are addressed in two places. He stated they are also exempted as attached to A -frame signs. He stated Council is thinking about party store style balloons, but can also refer to big Good Year Blimp style signs floating above a business. Council Member Dunn suggested using the language for A -frames to allow neon, balloons, and a number of other sign issues by permit. Mr. Boucher stated the language needs tweaking to the definitions to allow the smaller balloons but not the big inflatable signs. There was discussion regarding temporary signs. Mr. Boucher clarified that a temporary sign can be allowed for 45 days. Further, he stated allowing private signs in public right of way could lead to safety and thus liability issues. Council Member Reid endorsed Council Member Dunn's suggestion to use the A -frame language for neon signs. Mr. Boucher noted that if Council adopts the no setback rule for window signs, any sign will be permitted. He answered questions from Council members regarding specific signs and clarified the proposed regulations noting that the proposed language includes increases in the sizes of many signs. He stated the proposed language also adds some versatility and flexibility into the sign ordinance. Several Council members expressed a preference to defer this to give Council time to come to consensus on the remainder of the issues. 12 1 t'ag COUNCIL MEETING November 30, 2010 Council Member Reid urged Council to vote on the portions of the language that had Council consensus. Vice Mayor Wright made a motion to defer this item until the next Council work session. The motion was seconded by Council Member Martinez. 11. ORDINANCES a. None The motion to defer was approved by the following vote: Aye: Butler, Hammier, Martinez, Wright, and Mayor Umstattd Nay: Dunn and Reid Vote: 5 -2 12. RESOLUTIONS AND MOTIONS a. Linden Hill Access Road Council Member Dunn made the following motion, seconded by Council Member Reid: RESOLUTION Authorization for the Town Attorney to Acquire the Property and Parcel at 1 Country Club Drive in Order to Develop the Linden Hill Access Road to Country Club Drive in Coordination with the South King Street Widening Project Council Member Dunn stated this needs to be moved forward to allow staff to use whatever means possible to get this property purchased and allow the project to move forward. Vice Mayor Wright clarified that this would remove the cap on the amount that could be offered for the property but the total not to exceed for the entire project does not change. Further, he noted he did not support the original motion for many of the reasons outlined by the Country Club residents. He also clarified, for the public record that no votes were taken in a closed session. Council Member Martinez stated he is concerned about giving the Town Attorney a blank check. He stated he still supports the current resolution regarding the access road. He stated he would not mind revisiting this if a firm offer is received from the bank. Further, he noted Council is talking about reduction in town services and possible layoffs in the coming budget year and he finds it very difficult to authorize the spending of additional funds. Council Member Reid assured the Country Club neighborhood that it would only be about 50 cars throughout the entire morning rush hour. He stated they will not be using it in the evening and the house will be preserved and the town will try to sell it at the best possible price. He stated that Council would not 13 1 Page COUNCIL MEETING The motion failed on the following vote: Aye: Dunn, Reid and Mayor Umstattd Nay: Butler, Hammier, Martinez, and Wright Vote: 3 -4 November 30, 2010 do anything to negatively affect property values in Country Club. He stated the town cannot give back the money because the bike trail will be lost, which is of great interest to residents in the southwest quadrant. Council Member Dunn noted that Council spends money on special projects for many neighborhoods throughout town. Further, he stated this is a small amount of money in comparison with what the town spends on other projects and the people in Linden Hill did not want this, but they want to have an option for a left hand turn out of their neighborhood. Council Member Martinez clarified that this vote does not negate the current negotiations that are in place and does not mean the Council cannot revisit the issue if the bank counteroffers. Ms. Irby stated there is a resolution in place authorizing an offer of $375,000, which has been conveyed to the bank. The offer has expired; however, she has been updated frequently and told that within the next few weeks, the town will be receiving a counteroffer to the $375,000 and when she receives that number, she will bring that information to Council. b. Authorizing a Memorandum of Understanding with George Mason University for the Mason Enterprise Center On a motion by Council Member Reid, seconded by Vice Mayor Wright, the following was proposed: MOTION 2010 -016 Authorizing Approval of the Memorandum of Understanding with George Mason University for the mason Enterprise Center Council Member Reid stated this is a good deal for the town and he is glad to see construction has begun on the Church Street property. Council Member Hammier stated she will be abstaining to alleviate any perceived conflicts of interest in the future. The motion was approved by the following vote: Aye: Butler, Dunn, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6 -0 -1 (Hammier abstaining) c. Authorizing a Release of Deed of Dedication Edwards Ferry Road 14 Page COUNCIL MEETING November 30, 2010 Mr. Randy Minchew stated the property owner's agreement with the points Ms. Irby made in the staff memo. He stated if the town has the desire to acquire some of the right of way in the future for road improvements, the owner would not be adverse to negotiations. On a motion by Vice Mayor Wright, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2010 -152 Authorizing a Release of Deed of Dedication Edwards Ferry Road Council Member Reid noted he requested this item be taken off consent because he was concerned about the loss of right of way, but the town has no choice and has to vacate this easement. Further, he noted in discussions with the owner's attorney, it is possible that this could actually be a win -win situation for the town and the owner. Council Member Butler questioned what would happen if Council does not approve this release. Ms. Irby stated she would anticipate action to quiet title and the town would lose. Vice Mayor Wright expressed his appreciation for Council Member Reid highlighting this and taking it off the Consent Agenda. He disclosed a discussion with Mr. Minchew earlier today and noted that the town has no choice but to release the Deed of Dedication because the town has failed to meet the conditions. He cautioned town staff to be mindful of protecting the right of ways for interchanges. d. Initiating a Change in Election to November in Even Years (Dunn) Council Member Dunn requested that this item be withdrawn. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 15. CLOSED SESSION a. None. 15 1 Page COUNCIL MEETING November 30, 2010 16. COUNCIL COMMENTS Council Member Dunn stated he is looking forward to the parade and tree lighting. Council Member Reid disclosed a discussion with Randy Minchew about the Kimco property and the Edward's Ferry Road /Rt. 15 interchange. He also disclosed a meeting with Peter Burnett of Burnett and Williams regarding the Loudoun Street property. He stated he did not vote to suspend the rules on the Christmas issue is that he likes the fact it is called a Holiday Parade. He noted that this Friday, he will be lighting the Menorah and will be saying a prayer and by calling the parade a Holiday Parade makes it welcoming to people of other faiths. He stated he led the charge to allow the creche and the Muslim crescent and other religious displays on the courthouse lawn. He stated he is concerned about the "de- Christmas tization" of Christmas in America, but calling this a Holiday Parade is a good thing. He stated he is looking forward to First Friday. Vice Mayor Wright disclosed a meeting with Peter Burnett and had a discussion with Mr. Minchew. He stated he enjoyed dinner at the Travinia Italian Kitchen, which is one of the new restaurants at Village at Leesburg. He encouraged everyone to read the memo on stormwater management as there are some new regulations that will have a significant dollar value impact on the town. He stated the town needs to have serious discussions on how to deal with these changes. He stated he is impressed with the Town Manager taking the time to work with the different town departments to find out what they do, which shows the signs of a good leader. Council Member Martinez agreed and stated he appreciates the Town Manager taking that effort with staff. He disclosed that he did not talk to Randy Minchew or Peter Burnett. Council Member Hammier stated the dinner at Travinia was wonderful. She stated she appreciates all those that came out tonight to speak to Council. She congratulated everyone involved in the Balch History Awards and congratulated the recipients. She stated she will be attending the County EDC meeting on Friday and then heading over to the Medical Automation conference. Council Member Butler disclosed attending the LDBA's last meeting. He stated he finally went to the Greene Turtle and found it to be a wonderful place. He recommended people check out Random Acts of Culture on Google. He stated there were 650 opera singers who sang at Macy's in New York. He expressed his agreement with Council Member Reid on the issue of the Holiday Parade. He stated it is similar to when the County wanted to change the Courthouse lawn. He stated this is a can of worms and unless there is a compelling reason, it is a good idea not to open it. 17. MAYOR'S COMMENTS Mayor Umstattd disclosed that on Tuesday, November 16, she met with Doug Fleming and members of the Arcadia Development Corporation on plans for the 16 1 Page COUNCIL MEETING November 30, 2010 Potomac Crossing park. She noted there are some internal difficulties at Arcadia that could affect progress on the park. She stated the ribbon cutting at the refurbished McDonald's on Market Street, was very entertaining as the Town Manager was in hand -to -hand combat with the Hamburguler who was trying to steal his meal. She noted that Council Member Hammler and Supervisor Burk did an excellent job at the Balch History Awards. She expressed her support for a "Christmas Tree Lighting" and noted the County is not reluctant to use the word "Christmas Council Member Reid suggested the "Christmas Tree /Menorah Lighting" and the "Holiday Parade It was noted that the advertising for this year has already been done, but next year staff could consider different titles. Mayor Umstattd expressed her appreciation for the Adams Center's strong condemnation of the latest terrorist plot. 18. MANAGER'S COMMENTS Mr. Wells noted that the Mason Enterprise Center Leesburg has been named a finalist in the 2010 Virginia Chamber of Commerce Torchbearer Awards, which will be given out on Thursday. He stated the awards look at economic development projects in the different congressional districts. He stated the Enterprise Center is one of the finalists in the 10 Congressional District. He stated receiving recognition even before the completion of the permanent building, is a win. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 11:45 p.m. 2010 tcmin1130 Krrf Umstattd, Mayor Town of Leesburg 17I