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HomeMy Public PortalAbout2010_tcmin1214COUNCIL MEETING December 14, 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: Council Member Martinez arrived at 7:32 p.m. Council Member Dunn arrived at 7:44 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Zoning Administrator Chris Murphy, Deputy Zoning Administrator Wade Burkholder, Senior Planner Mark Browning, Economic Development Manager Marantha Edwards, Deputy Director of Planning and Zoning Brian Boucher, Transportation Engineer Calvin Grow, Business Retention Coordinator Debi Parry, and Clerk of Council Lee Ann Green AGENDA 1. CALL TO ORDER 2. INVOCATION was led by Council Member Butler 3. SALUTE TO THE FLAG was led by Council Member Hammier 4. ROLL CALL showing Council Member Martinez arriving at 7:32 p.m. and Council Member Dunn arriving at 7:44 p.m. ITEMS 5. MINUTES a. Special Session Minutes of November 18, 2010 On a motion by Council Member Hammier, seconded by Vice Mayor Wright, the minutes were approved 6 -0 -1 (Dunn absent) b. Work Session Minutes of November 29, 2010 On a motion by Council Member Martinez, seconded by Council Member Hammier, the work session minutes were passed 6 -0 (Dunn absent). c. Regular Session Minutes of November 30, 2010 On a motion by Council Member Martinez, seconded by Council Member Hammier, the minutes were passed 6 -0 (Dunn absent). 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, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6 -0 (Dunn absent) 1 1 Page COUNCIL MEETING December 14, 2010 7. PRESENTATIONS a. Certificates of Recognition Leesburg Special Olympics Team On a motion by Council Member Martinez, seconded by Council Member Hammler, the following Special Olympians were presented with Certificates of Recognition for their achievements at the Fall Championships in Virginia Beach. Lauren Oakley Tiona Brown Allyson Foster Michael Alamilla Louis Flores Tyler Touve Andrew Aylward Robert Heslin Jenna VanDenburgh Greg Hicks Shane McClintock Megan Kowlalewski Billy Emley Bill Mahmood Katrina Ciambruschini Kyle Allen Philip Andres Joey Barnett Christa Bluell Chris Kelley Jamie Spiering Joe Downs Coaches: Pam Thompson Michelle Ryan Kevin Aylward Chau Pham Alan Huston Joe Korode Shannon Aase Amy Loudenback Michael Wollett Christina Razzano Ben Hagewood Matthew Aylward Isabel Cristomo- Rivera Rebecca Hultin Breabb Chapman Ryan Korode Jonny Curtis Josh Huston Rick Weidner Amy Joe Heying Adam Bell Philip Coe Kay Allen Matthew Davis Ian Rodgers Russell Turner Ian Pham CJ Kowalewski Charlie Vines Shelly Kuhns Candace Alamilla Joy Cavagnaro An -Than Pham Judy Bleull Ann Marie Allen b. Certificate of Recognition Achievement of the Rank of Eagle Scout Deric J. Lambdin On a motion by Council Member Martinez, seconded by Council Member Hammler, a Certificate of Recognition was approved for Deric Lambdin for his achievement of the rank of Eagle Scout. c. Loudoun Community Health Stephanie Kenyan stated she is the Chief Operating Officer of the Loudoun Community Health Center. She stated they provide medical, dental 2I Page COUNCIL MEETING December 14, 2010 and mental health care to anyone in need regardless of age, ability to pay, insured or not. She stated they have seen about 7,000 patients and have a waiting list of about 700 people who are waiting to get in to establish care. She stated they were recently awarded a grant for $8.7 million to build a new facility as part of Health Care Reform. Currently, they are located in the old maternity ward at the Cornwall Campus. She stated they only have eight exam rooms but because INOVA has plans to renovate the campus, the new grant comes at a great time. She stated they are negotiating price on a piece of property off Fort Evans Road. She asked for the towns support as far as permitting and red tape as there are limitations on the grant. She stated the grant is only for bricks and mortar, not for land or permitting. Additionally, there is a time limitation of two years for spending the $8.7 million. Mayor Umstattd stated that town staff would be happy to talk to Ms. Kenyan about what can be done to assist the effort to build this center. d. Torchbearer Award Presentation Marantha Edwards presented Council with the Virginia Chamber of Commerce Torchbearer Award, which was presented to the Town at the Virginia Economic Summit in Waynesboro and represents collaboration between the Town of Leesburg, George Mason University and Loudoun County Economic Development. She stated this is about jobs and entrepreneurship and growing the economy of the state. 8. PETITIONERS The Petitioners section was opened at 7:54 p.m. Butch Porter thanked Council for allowing him to speak regarding his concerns with the proposed sign ordinance. He stated he is representing the interests of the Leesburg Downtown Business Association (LDBA). He stated the Economic Development Commission echoes the concerns of the LDBA and they have been willing to compromise. He stated the Planning Commission language is not compromise language. Paige Buscema, 105 Bugle Court, stated she understands the difficulty of Council's job. She asked that Council allow the remarkable with regards to the sign ordinance. Further, she stated that Deric Lambdin, the Eagle Scout, is her neighbor and is an extremely wonderful member of the community. Raymond Jones, 33 Linden Hill Way, reminded the Council about the commitment they made to the Linden Hill neighborhood by resolution in July regarding funding the access road. He stated all Linden Hill wants is a left hand turn out of the neighborhood. He requested the Council give a time extension for the bank to accept the Town's offer. The Petitioners section was closed at 8:07 p.m. 3 Page COUNCIL MEETING December 14, 2010 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Reid, seconded by Vice Mayor Wright, the following consent agenda was proposed: a. Awarding the Construction Contract for the Temporary Traffic Signal Project at Sycolin Road and Hope Parkway RESOLUTION 2010 -153 Awarding the Construction Contract for the Temporary Traffic Signal Project at Sycolin Road and Hope Parkway to the Brothers Signal Company in the Amount of $122,147.60 b. Initiation of 2010 Zoning Ordinance Batch Amendments RESOLUTION 2010 -154 Initiating Amendments to Various Articles and Sections of the Leesburg Zoning Ordinance as Part of the 2010 Annual "Batch" Amendments Addressing Minor Changes to Implement Town Plan Goals and Objectives, to Make Corrections and Clarifications, Changes Necessary to Comply with Annual State Code Legislative Changes and Address Minor Town Council Directives c. Making an Appointment to the Environmental Advisory Commission RESOLUTION 2010 -155 Making an Appointment to the Environmental Advisory Commission 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. Approving Town Plan Amendment TLTA 2010 -0001 Removing Certain Planned Roadway Improvements The public hearing was opened at 8:11 p.m. Mark Browning presented the proposed Town Plan Amendment to remove certain planned roadway improvements consisting of removing the Keystone Drive overpass over Virginia Route 7, terminating Keystone Drive in cul -de -sacs to the north and south of Virginia Route 7, removing the Trailview Boulevard segment between Battlefield Parkway and Keystone Drive, and making the intersection at Battlefield Parkway and Russell Branch Parkway at grade rather than the planned overpass. He stated the Planning Commission voted 6 -1 to recommend approval of the Trailview Boulevard and the Russell 4 1 Page COUNCIL MEETING December 14, 2010 Branch overpass elements of the amendment and 7 -0 recommending removal of the Keystone Drive overpass. He stated that Planning and Zoning staff also recommends approval of the amendment in its entirety. Further, he stated that the Planning Commission also recommended a study of the north side of Route 7 to determine other options for accessibility for those businesses. Council Member Dunn questioned whether there have been discussions with the School Board regarding the planned road across the back of the school property. Mr. Browning stated the road right of way was a condition of approval for the Special Exception for that development. He stated they have proffered the design and construction of the road as planned. Council Member Reid stated he has long supported removal of the Keystone Drive overpass. He stated he supports this initiative as well as the access road that Six -Seven Corporation has proposed. He stated this will create a grid network for this part of town and is a good alternative back up road to Route 7 and Potomac Station Drive which will give access to Six -Seven and Meadows Farm. He stated Holiday Inn supports it as long as they have access to Route 7. He strongly urged Council to support any initiatives with Delegate May and Senator Herring to allow Holiday Inn's access to remain open. He discussed the proffered requirements attached to the Lowe's property. Mr. Browning stated with the removal of the Keystone Drive overpass, it lowers the classification of the road so it will be a two -lane undivided road that is proffered. He stated this has been left in the Town Plan to serve the portion of the property north of Russell Branch; however, there is a Town Plan amendment brought by the Lowe's Corporation to remove that segment. Mr. Boucher stated that Lowe's has an application in at this time. He stated at the time the initiation was approved for this amendment, the thought was to keep the connection from Route 7 on the south side to Russell Branch Parkway, which is a proffered obligation of the Leesburg Auto Park Property, which has been purchased by Lowe's. He stated they are asking to remove it but complete portions of Russell Branch Parkway. Council Member Reid questioned whether the water plant will still have access to Route 7. Mr. Boucher stated that eventually the town utility plant and shop will be accessed off Battlefield Parkway. Council Member Reid confirmed that as part of this discussion, the issue of the diamond interchange will be discussed. 5 1 Page Vice Mayor Wright disagreed. Council Member Hammler stated she supports the additional work session on the northern access road. COUNCIL MEETING December 14, 2010 Vice Mayor Wright stated the Town Plan shows a diamond interchange. He expressed frustration that VDOT has not changed their plans. Council Member Reid stated that VDOT should not force the town to pay for a traffic study to confirm that a diamond interchange is acceptable for the Battlefield Parkway /Route 7 interchange. Mr. Browning stated the geometry of the intersection has not been established with the exception of the southeast quadrant, which is VDOT right of way. He stated the Town Plan can show any configuration, but VDOT will determine what is built. Mayor Umstattd confirmed that there are property owners on both sides of the cul -de -sac on the southern terminus of Keystone that say the cul -de -sac is of no use to them and should be eliminated. Council Member Reid stated VDOT is still requesting a study to determine the necessity of the "jug handle He questioned whether VDOT is still insisting on an additional study. Calvin Grow stated that Jim Zeller from VDOT has told the town in the past that VDOT controls the Route 7 /Battlefield interchange. He stated that VDOT is aware that the Town Plan shows a diamond interchange, but they only quadrant for which they show a diamond is the southeast quadrant (Lowe's property). He stated there has not been a study to finalize the design of the interchange and VDOT says they do not have the funding for a study. Council Member Reid recommended discussing this with Delegate May and Senator Herring at the Legislative meeting tomorrow night. He stated it is distressing that any applicant or the town would have to go through the exercise of justifying a "jug handle" anywhere on the intersection when the Town Plan calls for a diamond. He stated the access road proposed by the Six -Seven Corporation would alleviate traffic on the future interchange. Mayor Umstattd stated she agrees with these concerns; however, she is more optimistic as originally the River Creek Parkway /Route 7 interchange was supposed to be a cloverleaf and the town was able to persuade VDOT to allow a diamond and hopefully the same can be done with the Battlefield /Route 7 interchange. Council Member Reid confirmed that the Village of Leesburg paid for the study to justify the diamond interchange. 6 1 Page COUNCIL MEETING December 14, 2010 Sam McCoy, stated he is the real estate director for Lowe's which has purchased the 28 acres on the southeast corner of Route 7 and Battlefield Parkway, formerly known as the Auto Park. He stated they are planning on building a full -line Lowe's Home Improvements store plus an unspecified commercial development on the remaining 12 acres. He stated they have submitted the required rezoning application and are currently in the process of working with the Planning Department to modify the application before final presentation, which is scheduled for late January. He stated the application is based on the transportation plan being considered by Council. He stated part of the application includes the full completion of Russell Branch Parkway and will work with the Hunter Trust to acquire the right of way and devoting the funds to do that. He stated that the intersection of Russell Branch with Battlefield is a key element of the design of Russell Branch Parkway. Bob Bunch, stated he is a principal in Six-Seven Corporation. He read the following statement into the record: "Dear Council Members: I am a co -owner of a property which fronts Route 7 and also has direct access to Route 7. We have had the pleasure of meeting with a few Town Council members and I want to especially thank them as well as other members who have taken the time consider our emails, attached drawings and aerial images that we sent last week. We also very much appreciate the Planning Commission's recent recommendation for Town Council to consider alternative access solutions for these Route 7 gateway properties and we would greatly appreciate the support of the Town Council tonight as well. We are respectfully requesting Town Council to initiate an independent Town Plan amendment to pursue adequate future access for these Route 7 gateway properties which will also complement all of the current town proposed transportation plan amendments now being considered by the Town Council. We are proposing a solution for these adversely impacted properties, which is also in the best interest of the town and citizens. The economic viability of four north side Route 7 properties will be destroyed by what remains from the current town proposed transportation plan amendments in the absence of an adequate alternative future access. These properties include Holiday Inn, Meadows Farms Nursery, Six-Seven (with two business tenants, Dogwood Builders and Backyard Buildings) and also a fourth property (Hamblet property to the east of the Holiday Inn). We have also worked over the last couple of years on and off with the shopping center owner who is very interested in pursuing the same general concept solution for alternative access either through the shopping center or adjacent to the shopping center. The resulting town proposed future access for these properties is extremely circuitous once we lose our direct Route 7 access points including the Holiday Inn, our property and Meadows Farms at such time as an interchange is build at Route 7 /Battlefield. He noted that access would proceed past the properties, past the Holiday Inn, past the two school properties, past Meadows Farms to the intersection at Battlefield, take a right, continue north past the existing shopping center intersection, turn right at the third intersection on Potomac Station Drive, continue past three shopping center 7 1 Page COUNCIL MEETING December 14, 2010 entrances on Potomac Station Drive, to the intersection at Keystone Drive and then turn right on Keystone Drive and proceed along the back side of the shopping center and continue past the elementary school ballfields and continue to the cul -de -sac just north of Route 7, turn left on the new Holiday Inn driveway and continue east bound parallel to Route 7 to the Holiday Inn. It is hard to imagine any existing business surviving this nightmare. It will be impossible to maintain existing businesses or attract any desirable future development. Most importantly, we are not asking that either of our proposed concepts for realigned Keystone Drive be adopted at this time, rather we are respectfully requesting a Council resolution for a Town Plan amendment which will provide property owners and town staff the opportunity for further analysis to achieve an alternative access which is in everyone's best interest. In doing so, the future economic viability of these several important Leesburg gateway properties will be preserved at this time rather than destroyed at this time. Our solution is either a realignment of Keystone Drive with Battlefield access at or near the existing shopping center intersection. He stated Concepts A and B have no impact on the shopping center and would involve relocating the shopping center intersection to just south of the shopping center or add a parallel road providing access from affected properties to Battlefield Parkway if the Town Council desires to maintain planned Keystone Drive access to Potomac Station Drive. He requested Council to instruct the planning staff to work with affected landowners to come up with what would be the most desirable specific alignment for all parties. He stated the affected property owners are volunteering to bear the cost of analysis required by VDOT to support the north side parallel access road to Battlefield Parkway. Mr. Bunch stated the cloverleaf plan actually bisected two buildings on his property and was totally unnecessary. He stated they hired Gorove Slade Traffic Engineers who did a traffic volume analysis which showed that a cloverleaf was not necessary for that quadrant; however, VDOT is still requiring additional analysis of the merge issues between the northwest quadrant ramp and the Route 7 bypass west ramp. He stated this would be a substantial expense, but they are willing to pay for it and would like support from Council. Council Member Dunn stated a year ago they were considering a shorter ramp on the northeast side. He questioned whether that is still a consideration. He stated the recent use of single point diamond interchanges by VDOT is encouraging. Michael Banzhaf, stated he supports this plan amendment as it makes sense. He stated the Town Plan encourages businesses that currently front on Route 7 to take access on a parallel road. He stated the use of cloverleaf interchanges takes away a lot of taxable property for the town. He discussed if Keystone is going to be cul -de -sacs on either side of Route 7, there really is no need for those roadways past the entrances of the properties that will be using them for access. He stated that this discussion should be confined to the 8 1 Page COUNCIL MEETING December 14, 2010 northeast quadrant as these are the properties that are most affected. He stated they should not be asked to pay for the analysis of the entire interchange. The public hearing was closed at 9:00 p.m. On a motion by Vice Mayor Wright, seconded by Council Member Reid, the following was proposed: ORDINANCE 2010 -0 -026 Approving Town Plan Amendment TLTA 2010 -0001 Removing Certain Planned Roadway Improvements from the Town Plan and Making Text Changes to the Town Plan Necessary to be Consistent with the Proposed Amendments to the Road Network Policy Map Vice Mayor Wright expressed his frustration regarding the extended discussion between the town and VDOT regarding this being a diamond interchange. He stated this amendment makes the Town Plan more practical and makes it more reflective of the current conditions. Council Member Reid requested the work session on Six- Seven's proposal be scheduled as soon as possible. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 11. ORDINANCES a. Sign Ordinance On a motion by Council Member Reid, seconded by Council Member Dunn, the following was proposed: ORDINANCE 2010 -0 -027 Amending Article 3 (Review and Approval Procedures), Article 7 (Overlay and Special Purpose Districts) and Article 15 (Sign Regulations) of the Zoning Ordinance of the Town of Leesburg to Establish Reasonable Regulations Pertaining to the Time, Place and Manner in which Signs May be Erected and Maintained Vice Mayor Wright clarified that this is the revised language that was distributed on blue paper. Mayor Umstattd summarized the proposed changes as moved: 9 1 P a;e 2. With regards to flags, all flags are exempted from regulation. COUNCIL MEETING December 14, 2010 1. With regards to roof signs, this would allow signs attached vertically under the highest point of the roof, such as that proposed by Patient First. 3. With regards to window signs, the definition is all signs whether temporary or permanent, illuminated or not, attached to or applied directly to the surface of any window. 4. With regards to animated signs and balloons, balloons a maximum circumference of 50 inches, not displayed above a height of 10 feet above street level would be allowed. 5. With regards to neon open signs, 2 ft. x 2 ft. would be allowed in the H -1 district. Council Member Reid offered an amendment to change the 45 days to 60 days with respect to political signs. The motion to amend was seconded by Council Member Dunn. The amendment to allow political signs to go up 60 days prior to an election was approved by the following vote: Aye: Dunn, Hammier, Reid and Mayor Umstattd Nay: Butler, Martinez, and Wright Vote: 4 -3 Council Member Reid made a motion to amend the main motion to amend the language to read: "15.3.39 Window Sign all signs, whether temporary or permanent, internally illuminated or non illuminated attached to or applied directly onto the surface of any window or encased within the depth of the window frame. Inside the H -1 Old and Historic District, internally illuminated signs shall be prohibited to a depth of three feet inside the window except for Section 15.4.8 Open /Hours of Operation Signs and Section 15.7.2.F.4 Historical Neon The motion was seconded by Council Member Hammler. Council Member Hammler stated there was discussion as to whether a permit would be required after three feet. She stated the Town Attorney has opined it would be very difficult to enforce that type of permitting process. Mayor Umstattd confirmed that this language has been accepted by Leesburg Downtown Business Association. Council Member Dunn stated he cannot vote in favor of this and would prefer to stick to the window as the area of purview. He stated he likes the original motion and asked Council to consider the possibility of a sunset provision that would allow this ordinance to be in effect until December 31, 2013 10 1 Page COUNCIL MEETING December 14, 2010 with any extension or change to the ordinance to be completed on or before December 31, 2013, which would give Council the ability to have three years to see how this ordinance works. Mayor Umstattd stated the motion to amend needs to be taken care of before any other motions are added. Council Member Butler clarified that the 50% coverage will only apply to non illuminated signs within the window casing and any signs immediately behind the window casing could be any size because they are not considered to be signs. Mr. Murphy confirmed this. Mayor Umstattd stated her preference is to not regulation within the shop at all; however, the amendment before Council right now is a step in the right direction even though it does not go as far as she would like to go to protect the sovereignty of a business owner within their own shop. The window sign amendment failed on the following vote: Aye: Hammler, Reid, and Mayor Umstattd Nay: Butler, Dunn, Martinez, and Wright Vote: 3 -4 Council Member Reid moved the Planning Commission language with regards to window signs: "15.3.39 Window Signs. All signs, whether temporary or permanent, internally illuminated or non illuminated, attached to or applied directly onto the surface of any window, or within a distance of three (3) feet inside the window and which can be read from a street or parking lot The motion was seconded by Vice Mayor Wright. Council Member Hammler stated she would support this; however, it was not her preference as she wanted to support the LDBA's language as relates to only focusing on neon. Vice Mayor Wright clarified that this is a reduction in the amount of regulation that is currently in place for window signage and is the most relevant to the entire town. This window sign amendment was approved on the following vote: Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Dunn Vote: 6 -1 Council Member Hammier made a motion to amend the ordinance to support the LDBA and EDC recommended language on flags which would exempt one flag bearing the word "OPEN" or other words depicting the nature of 11 1 P age Council Member Reid stated he does not see why this additional regulation is necessary. The flag amendment was approved on the following vote: Aye: Butler, Hammier, Martinez and Wright Nay: Dunn, Reid and Mayor Umstattd Vote: 4 -3 COUNCIL MEETING December 14, 2010 the business not exceeding fifteen square feet in area. Should the flag contain corporate logo or text, the flag will then be counted as one of the signs permitted per business. The motion was seconded by Council Member Butler. Mr. Boucher clarified that the current ordinance does not allow flags of any type, except national flags and this LDBA recommendation would allow some types of flags. Vice Mayor Wright clarified that none of the flags outside Lightfoot would be regulated because they are national flags and the only flags that would be regulated are commercial flags such as open flags or those directly related to the business. Council Member Dunn offered an amendment for a sunset provision on the more controversial portions of the ordinance, such as roof, flag, window depth, and illumination. Council Member Martinez stated he would rather see the entire sign ordinance reviewed every two to three years. Ms. Irby stated that if Council inserts sunset language, it needs to be made clear to what regulations the ordinance will revert. Council Member Dunn clarified his amendment to say the ordinance would be in effect until December 31, of whatever year chosen, and any extension or change to the ordinance would be completed on or before December 31 of whatever year. He stated the ordinance would automatically stay as adopted unless a change is made. Council Member Butler pointed out that every ordinance automatically stays in effect until changed and can be changed at will of Council, so he is not sure of the value of the sunset clause. Further, he noted that this does not affect grandfathering. Council Member Dunn stated the only other option would be to make all signs by permit. 12 Page COUNCIL MEETING December 14, 2010 Council Member Butler pointed out that only things that count as signs would be permitted, so if they are not directly applied to or attached to the window frame, they would not be considered signs. Council Member Dunn stated he is looking for a way to allow these changes, for now, but give Council the ability to take another look after seeing how this works without allowing the grandfathering of things that Council determines are not acceptable. Council Member Martinez seconded Council Member Dunn's motion for a sunset clause. Ms. Irby stated the proposed language still does not address the issue of grandfathering. She stated the language can be put in, but she does not know whether it will hold up if challenged. Council Member Reid cautioned against an overarching sunset provision unless it is specific to a specific type of sign. He stated businesses will have spent money on signs that may expire and need to be removed. He suggested a compliance follow -up at a work session in June 2011. Vice Mayor Wright stated the sunset clause, while well intended, will not address the issue that is trying to be addressed. He noted that legally, any sign that is erected under this ordinance, it has a vested right. He stated the only type of sign this would affect would be the roof signs because the other signs the issue is not the sign itself, but where the town stops regulating. Council Member Butler stated it would be reasonable to readdress this in June after the budget is approved. The amendment to insert a sunset clause failed by the following vote: Aye: Dunn and Martinez Nay: Butler, Hammler, Reid, Wright and Mayor Umstattd Vote: 2 -5 Vice Mayor Wright made a motion for an amendment that would bring roof signs back to the Planning Commission recommendation which would prohibit roof signs. The motion was seconded by Council Member Butler. The amendment to prohibit roof signs failed by the following vote: Aye: Butler and Wright Nay: Dunn, Hammler, Martinez, Reid and Mayor Umstattd Vote: 2 -5 Council Member Butler made a motion for an amendment to 15.5.9 Roof Signs (Prohibited) to add this language: However, roof signs located above the lowest portion of the roof (i.e. eave line) shall be permitted for compound roofs 13 1 Page not exceeding 25 feet in height and affixed flat to the surface of the wall. The motion was seconded by Council Member Reid. The motion to amend the roof sign language was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 Council Member Hammler stated the goal was to amend the sign ordinance to reduce regulation and she believes this is great progress as the overarching goal is to promote an active, vibrant downtown. COUNCIL MEETING December 14, 2010 Council Member Dunn stated he would rather see a neon open sign than plywood covering a closed shop. He stated that deregulation and relying on good business people to make good decisions benefits the whole community. Council Member Reid stated that Council has accomplished an important milestone to essentially change the image that Leesburg is not business friendly. The motion to approve the sign ordinance as amended was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 12. RESOLUTIONS AND MOTIONS a. None 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. Linden Hill Access Road On a motion by Council Member Dunn, seconded by Council Member Reid, the following was proposed: RESOLUTION 2010 -156 Amending the Fiscal Year 2011 -2015 Capital Improvements Program by Creating a Project and Approving Supplemental Appropriation for the Acquisition of Property to Improve Access from the Linden Hill Development to Route 15 South King Street Northbound 14 I Page COUNCIL MEETING December 14, 2010 Mayor Umstattd clarified that this would extend the offer to acquire the property. Council Member Dunn stated the original motion expired and includes the cap at the same amount as the last offer. Council Member Reid stated his belief that the property can be resold. He stated the easement for the road would cost about $100 -120 thousand less, but could cause a lot of problems. He stated this does not preclude future options but gives the community some sense of Council support. Vice Mayor Wright stated if the bank accepts the offer, the town will own this property for $375,000. He stated he has been consistently opposed to this project as he does not feel it will solve the problem. Council Member Hammler stated it is visibly evident to her that the 16 foot road will be next to a fence. She stated she supports moving forward with the access road but would encourage purchase of easements rather than purchase of the house as the assessment on the house has dropped and there are significant difficulties with the banks. She stated she would like to attempt to save money in the long run as the town does not need the entire property. Ms. Irby stated she has had no direct communication with the bank and has requested that the real estate agent have his clients authorize her contact with the bank; however, they declined. She stated that Council can always acquire this property through a condemnation proceeding. Mayor Umstattd stated she is comfortable supporting this tonight as this is the only way to provide the residents of Linden Hill with safe egress from their community. She stated she does not view the U -turn movement as a safe movement. She stated when Council action has a serious negative impact on a community, Council has the responsibility to mitigate the negative impact. She stated the difficulty with not extending the offer and trying to acquire only the easement, a court may well say that they still owe the full price for the property. She stated she believes the town will be able to resell the property for the purchase price. Council Member Dunn stated that this helps the family that lives in the house by keeping them from having to go through a potential foreclosure. Further, he stated they are helping the neighborhood by keeping the price of the property at a reasonable price. He stated by pursuing condemnation, it risks negotiations with the bank. The motion was approved by the following vote: Aye: Butler, Dunn, Martinez, Reid and Mayor Umstattd Nay: Hammler and Wright Vote: 5 -2 15 Page COUNCIL MEETING December 14, 2010 15. CLOSED SESSION a. None. 16. COUNCIL COMMENTS Council Member Dunn wished everyone a merry Christmas and expressed his hopes for a prosperous new year. Council Member Reid wished everyone happy holidays. He disclosed a meeting with Mike Banzhaf, Bob Bunch and Joe Kittka regarding the comprehensive plan amendment and the proposed road. He also disclosed a subsequent phone call with Mr. Banzhaf. He emphasized to the media that signs in the H -2 Corridor were allowed to be approved by administrative review. He stated this sign ordinance will also help churches and nonprofits. He noted that given the worst economy in 30 years, downtown Leesburg looks more economically vibrant than it has even in very good times. He stated because John Wells changed the culture at Town Hall, with Council's support, to a business friendly atmosphere. He stated with respect to the Legislative meeting, this legislative session in Richmond is only 45 days long. He stated one of the big topics is transportation and he stated the town should stick to the topics in the Legislative Agenda that the legislators can do something about, which are items 2 -6. Vice Mayor Wright wished everyone a merry Christmas and a happy new year. Council Member Martinez (comments were not audible). Council Member Hammler stated she appreciated Council Member Reid's comments regarding the sign ordinance and also about the Town Manager. She disclosed meetings with the LDBA and had a meeting with Linden Hills. She stated she is seeking an Economic Development Commission nominee. She stated the tree and menorah lighting ceremony was great. She stated she attended the medical automation conference, which was wonderful and it was nice to see those trying to help with the town's economic development goals. She wished everyone a merry Christmas and happy new year. Council Member Butler disclosed a discussion with the River Creek HOA about water. He stated the tree lighting was a lot of fun. He stated he went to Buffalo Wings and Beer, which was very good. He stated he was not able to make the parade because he was in Charlottesville graduating from the Sorensen Institute Political Leaders Program. He wished everyone a merry Christmas and happy new year. 17. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with Bob Bunch, Mike Banzhaf and Joe Kittka. She stated she enjoyed the recent ribbon cuttings at Althea Medspa on Cardinal Park Drive, the new hair salon on the second floor of Eyetopia, and the new spa in back of Eyetopia. She stated the Chris Cooley gallery opening was fantastic. She wished everyone a wonderful holiday season and a great new year. 16 1 P age 2010 tcmin1214 Umstattd, Mayor Town of Leesburg COUNCIL MEETING December 14, 2010 18. MANAGER'S COMMENTS Mr. Wells brought Council's attention to the Town Council Strategic Initiatives and Objectives, updated 12/14/10, which will be a new document that will be provided on a regular basis. Further, he noted on the upcoming Council calendar, the work session meeting for January 24 will be held at Ida Lee Recreation Center because of the number of Board and Commission members that are likely to attend. He stated he appreciates the compliments but could not do his job without the rest of staff. He wished everyone a merry Christmas, happy Hanukah and a happy new year. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 10:59 p.m. 17 1 Page