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HomeMy Public PortalAbout2005_04_26COUNCIL MEETING April 26, 2005 Council Chambers, 25 West Market Street, 7:40 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Horne, Melinda Kramer, Marty Martinez, Robert Zoldos, and Mayor Kristen Umstattd. Staff Present: Town Manager John Wells, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Director of Planning, Zoning and Development Susan Swift, Management/Budget Officer Mike Freda, Downtown Coordinator Lisa Capraro, Capital Projects Engineer Renee Follett, Planner Wade Burkholder, and Clerk of Council Judy Ahalt. AGENDA ITEMS B. C. D. Invocation by Councilmember Hammler Salute to the Flag was led by Vice Mayor Martinez Roll Call showing Councilmember Kramer arriving late. Minutes a. February 7, 2005 work session On a motion by Councilmember Burk, seconded by Councilmember Horne, the minutes of the February 7, 2005 work session were approved by a 6-0-1 vote (Kramer absent). b. February 22, 2005 work session The February 22, 2005 work session minutes were deferred. c. February 23, 2005 regular meeting On a motion by Councilmember Zoldos, seconded by Councilmember Horne, the minutes of the February 23, 2005 regular meeting were approved by a 6-0-1 vote (Kramer absent). Presentations a. Briefing on proposed office building on Memorial Drive - Rod Williams, Loudoun Healthcare and Dr. Michael Kavanaugh Rod Williams, Vice President of Ambulatory Services at Loudoun Healthcare, addressed Council. He provided an update on the Cornwall Campus of Loudoun Healthcare stating they have a 100-bed nursing facility comprised of 68 long-term care beds and 32 acute short-term beds. He stated they average about 30 admissions per day. Mr. Williams stated they have a behavioral health facility on the premises complimented by two board-certified geriatric psychiatrists. Further, he stated the emergency room has had no reroutes since their opening in January, 2003. They now have a rehabilitation program dedicated to outpatient services and have opened an outpatient diagnostic imaging center. In addition the onsite free clinic is open two days a week. Town Council minutes for April 26, 2005 Page 2 Dr. Michael Kavanaugh addressed Council regarding the proposed medical office building at the Cornwall Campus. He stated a consortium of doctors has been formed to provide a centralized medical office building. They have 47 health practitioners who are planning to move into this proposed 80,000 sq. ft. building. They have already executed a ground lease with the hospital and the design work is progressing. He stated the design will be in keeping with the current structures at the Cornwall Campus. Mayor Umstattd verified this is a by-right use at the site. Councilmember Kramer verified the building will be owned by the consortium on a ground lease from Loudoun Hospital. Vice Mayor Martinez stated his concern is with traffic. Councilmember Burk asked that neighbors on Memorial Drive be consulted and kept informed. Councilmember Horne thanked Dr. Kavanaugh for the presentation asked how many employees and vehicle trips per day are expected. Dr. Kavanaugh stated he does not know the answer at this time. Councilmember Horne verified the open space along Cornwall Street and Memorial Drive would not change. She asked that ingress or egress to the site be considered as part of the traffic study. Councilmember Zoldos asked about the traffic study and expressed his concern with the number of vehicles and access to the site. Further, he asked that Council be made aware of when the neighborhood meetings will occur and that site plans and elevation drawings be presented for Council review. b. Proclamation - National Day of Prayer On a motion by Councilmember Home, seconded by Councilmember Zoldos, the following proclamation was presented to Pastor .lohn Nuzum by a 6-0-1 vote (Kramer absent): PROCLAHA TZON NA TZONAL DA Y OF PRAYER MAY 5, 2005 WHEREAS, the annual National Day of Prayer has been celebrated nationwide since :[988; and WHEREAS, on Thursday, IVlay :L, 2003, people in towns and cities across America will be observing the annual National Day of Prayer; and WHEREAS, citizens will join together to pray for our nation, state and community leaders; and Town Council minutes for April 26, 2005 Page 3 WHEREAS~ this year's theme "God Shed His Grace on Thee" will be highlighted. THEREFORE~ the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim May 5, 2005 as The National Day of Prayer. PASSED this 26th day of April 2005. Pastor Nuzum stated the National Day of Prayer will be celebrated at Leesburg Baptist Community Church on Davis Avenue on Thursday, May 5 at 7:00 pm. Petitioners The petitioner's section opened at 7:53 p.m. Sandy Kane, 8:L5 Kenneth Place, addressed Council on behalf of she and her husband in support of the special exception TLZM-2004-0006 Kincaid Forest rezoning and concept plan amendment to replace 20,040 square feet of office/commercial/retail use with a 38-unit townhouse development. She stated a retail center would increase the flow of commercial and outside shopping traffic and endanger the community's foot and bicycle traffic on Kincaid Boulevard. Further, she stated the Kincaid Forest HOA Board of Directors and its residents believe that the Towns of Kincaid plan is better suited to the aesthetics and character of the community, far outweighing the negatives of any commercial development. Rev..leunee Cunningham, founding pastor at St. Gabriel's Episcopal Church, 603 Valley View Avenue addressed Council in support of the Fort Evans Plaza I! Retail Center. She stated the church is looking forward to the road improvements on Fort Evans Road and construction of a portion of Battlefield Parkway which will give the church access to their property. Further, she thanked Michael Collier with Uniwest for working with the church. She thanked Council for the fine work that they do for the community. Ann Bollinger, 406 Collier Way, representing Keep South Leesburg Beautiful and the Southwest Leesburg Task Force addressed Council. She requested incorporating six items in the Town Plan. They are as follows: (1)R:~ Mixed Use Center should be eliminated, (2)the range of densities that exist should be the lowest, (3)level of service for transportation needs to be amended to Level C, (4)independent fiscal analysis part of town for major proposals, (5)road improvements should be at phase zero for any and all developments, and (6)wetland preservation. Kathleen Prichard, Vice Chairman of the Tree Commission and resident of 1409 Garrison Court, requested staffing of the second urban forester given the projection of what Jay Banks is going to have to deal with this year. She reminded Council of the Urban Forestry IVlaster Management Plan Stake holder's Meeting on Wednesday, April 27, 2005. Town Council minutes for April 26, 2005 Page 4 Virginia McGuire, 901 Rhonda Place, addressed Council in support of TLZM- 2004-0006 Kincaid Forest rezoning to allow a townhouse development. She stated commercial development is not appropriate on this site and would discourage bike and pedestrian traffic. She commended Mr..lordon for his tree preservation efforts on this site. Jerry Shamla, 606 Patrice Drive, addressed Council in support of the Kincaid Forest townhouse project. He stated the site is not a viable commercial site, adding neither the town nor Kincaid Forest would derive any benefit from commercial development here. Further, this project will provide another much needed portion of Battlefield Parkway. He spoke in opposition to the 20% property tax rate increase stating retired people on a fixed income will be driven from town. He suggested freezing assessments for retired people. The Mayor stated there is a system in place to offer tax relief. Mr. Shamla thanked all Council members for the long hours they work. Dan Matici, 955 Rhonda Place, addressed Council stating that he would not want to see commercial development at the entrance to Kincaid Forest and asked for the residential development on the site. He supported Mr. Shamla's views on taxes. Dan Baker., retired resident of Leesburg since 1968, spoke regarding the proposed budget. The new Loudoun County assessments have increased by 15 to 30% for this past year and suggested that Leesburg decrease their tax rate. He added the town and county have too many duplicate services, such as parks and recreation, planning and zoning, and police. He added there has to be more use of proffers to pay for some of the capital projects. Further, sidewalks need to be unified in all areas of the town. Bruce Dewar, 5 Memorial Drive, addressed Council regarding the proposed office building at the Cornwall Campus of Loudoun Hospital. Mr. Dewar stated the project will certainly benefit the citizens of Leesburg, but there are some negative implications. He asked Council to work with Loudoun Healthcare to minimize the impact. Further, he asked that Loudoun Health Care be held to the same standards they are insisting that HCA be held to at the proposed Broadlands Hospital. He stated transportation is clearly inadequate as the only access to the site is through a residential neighborhood. .]ack Brunner, Gunpowder Court, addressed Council in support of the Kincaid Forest rezoning for town homes. Ken Reid, 607 Talmadge Court, addressed Council regarding needs and wants. He said in this budget Leesburg District assessments are the highest in Loudoun County. He questioned the necessity of way finding signs, an urban forester, a bus shelter at the Loudoun County Government Center, and a transportation planner. He stated this Council should look closer at line items as many are wants not needs. Town Council minutes for April 26, 2005 Page Ed Fleming, 224 N. King Street, addressed Council regarding the Cornwall Campus property. He stated the town needs to have processes in place for redevelopment of sites. He suggested Council attend neighborhood meetings to listen to what the developer has to say regarding their plan. GiGi Robinson, 207 Prince Street, asked Council to take another look at the budget and reduce the rate. She stated Leesburg has the highest number of public employees per resident of any locality in the State of Virginia. Further, she suggested reexamining the budget line item by line item and delaying the vote on the budget for another two weeks. Chuck Shotton., 232 Edwards Ferry Road, addressed Council in opposition of the budget and the proposed tax rate. He added the fiscal irresponsibility of this Council will be heard at the polls next May. Tim Bigler, 811 Casa Court, SE, addressed Council regarding the proposed rezoning at Kincaid Forest. He stated he supports the Jordan plan and ask for support of the town homes in Kincaid Forest. John Gamble, 946 Rhonda Place SE, addressed Council in support of the Jordan plan for rezoning the commercial site to residential. John Drury, 621 Beauregard Drive, addressed Council regarding the budget stating Council needs to get a better grip on their finances and pass a budget that is lower than proposed. He added the cost imposed on the citizens is just too high. The petitioner's section closed at 8:42 p.m. Public Hearings a. TLZr4-2004-O006 Kincaid Forest, rezoning and concept plan amendment to replace 20,040 square feet of office/commercial/retail use to a 38-unit townhouse development. The public hearing opened at 8:42 p.m. Wade Burkholder outlined the proposed concept plan and proffer amendment for Kincaid Forest to replace the neighborhood convenience center with 38 townhouses, based on the policies of the Town Plan and requirements of the Zoning Ordinance. He stated the applicant proposes to proffer two northbound lanes of Battlefield Parkway along the frontage of Section 8, Kincaid Forest, including necessary turn lanes at the intersection with Kincaid Boulevard. Additionally proffered is the construction of two off-site northbound lanes of Battlefield Parkway within the existing dedicated right-of-way from Tavistock Drive to the southern boundary of Section 8, Kincaid Forest. Mr. Burkholder stated staff and the Planning Commission recommend denial of this concept plan amendment because of the concern regarding the fiscal impact analysis and disagreement with the multiple goals and objectives of the Town Plan. Councilmember Burk asked if anything was proffered for schools. Town Council minutes for April 26, 2005 Page 6 Dave ~lordan, the applicant, indicated they intend to proffer transportation improvements and contributions to public safety and public parks. However, nothing is being proffered for schools. Councilmember Hammler asked for clarification of parking issues at the Planning Commission. Mr. Burkholder stated the Planning Commission would be required to approve a variation to the amount of parking spaces allowed on the parking court. He stated the Planning Commission did not act on the variation as they recommended denial. He added that if approval is granted for this rezoning, the issue of the variance would have to be addressed by the Planning Commission. Councilmember Hammler asked about the cash in lieu value for construction of Battlefield Parkway. Mr. Burkholder stated the amount is $1.1 million. He stated construction would begin immediately and finish by the construction of 13 units. Vice Mayor Martinez, Councilmember's Burk and Horne had no questions. Councilmember Kramer stated this project will impact the community, but a lesser impact than commercial. Mayor Umstattd commended Mr. Burkholder for the excellent presentation, She stated residential communities are increasingly opposed to commercial components. Mr. Burkholder pointed out there are other commercial uses allowed for the site. Dave .lordan, applicant, addressed Council stating he has been involved with the Kincaid Forest community for over seven years. He stated in 1990 the original developer disposed of the property and left over $2 million in bonding items unfinished. He stated when they purchased the property one of their first goals was to complete the landscaping on Kincaid Boulevard. Also, design was started on a million dollar recreation center with a swimming pool and tennis court. He stated the proposed plan is consistent with the Town Plan. Tt completes another link of a major arterial roadway needed in the town, provides tax revenues of an otherwise vacant parcel, expands and enhances the existing pool facility, and it increases funding for future roadway improvements. He stated Kincaid Forest is surrounded by Tavistock Farms to the west, Beauregard Heights and Beauregard Estates to the north, and the W&OD Trail and the Leegate property to the east. Therefore, Kincaid Forest is surrounded by areas that are designated as core areas for business growth. These areas will serve the residents of Kincaid as the connection to the Greenway is made and Battlefield Parkway is completed to the west. He stated the portion of Town Council minutes for April 26, 2005 Page Battlefield Parkway fronting along there will be completed with the construction of their site. Further, he stated they are proffering a trail along Battlefield Parkway to connect with Tavistock Farms and Beauregard Estates to the W&OD Trail and Tuscarora Park. He explained they are also proffering to pay $2,400 per unit for the town's transportation improvements as well as $162 per unit for public safety and $324 per unit for public parks. He stated the proposed sketch plan for the site was sent to all homeowners in Kincaid Forest and he has met with the HOA. He stated the HOA and community support this proposed plan for the construction of 38-townhomes. Councilmember Hammler thanked Mr. Jordan for the excellent presentation. Councilmember Zoldos stated he will be supporting this application given the support of the residents and the benefits to the town. Councilmember Horne thanked Mr. Jordan for the presentation and the responsible model he presents as a developer. Councilmember Burk stated the citizens have done a good job on giving us reasons to change the use of this site. Further, she had concerns with 20 additional students in the school system. Mr. Jordan stated that Sam Adamo wrote a letter for the file stating that the schools coming on line will handle the additional students. Vice Mayor Martinez stated he appreciates the applicant going out to the community to get their approval and he will be supporting this rezoning. Councilmember Kramer stated she will support this application. Mayor Umstattd stated she too will be supporting this. Ken Reid, 607 Talmadge Court, stated he supports the application. He added the construction of a portion of Battlefield Parkway is a benefit to the town. John Drury, 621 Beauregard Drive, stated the Beauregard Heights HOA supports their neighbors at Kincaid Forest and recommended approval. As a resident of Beauregard Estates, he questioned if any money is being put forth for construction of Battlefield Parkway from Kincaid Boulevard and Rt. 7? Mr. Jordan stated they are only putting funds into the town's transportation improvements fund. The public hearing closed at 9:36 p.m. b. TLSE-2004-0004 Potomac Station, Parcel B - to permit a convenience store with gas pumps and car wash at 601 Potomac Station Drive, NE. Town Council minutes for April 26, 2005 Page The public hearing opened at 9:37 p.m. Wade Burkholder outlined this application for a special exception request to permit a 2,400 square foot convenience store with a :[,012 square foot drive through car wash and six fuel pump islands located at 60:[ Potomac Station Drive NE. He stated this property is a 1.04 acre pad site located in Parcel B of the mixed use center. Mr. Burkholder explained the site plan for the mixed use center. He stated the submitted lighting plan is in conformance with the DCSM and the landscape plan meets the requirements of Section 8.3.7 of the Zoning Ordinance, He added the Board of Architectural Review will review all non residential structures on Parcel B of the Potomac Station Nixed Use Center and the signs on this parcel must adhere to the Marketplace at Potomac Station Retail Sign Plan. Finally, Mr. Burkholder stated staff and the Planning Commission recommend conditional approval of this special exception. Councilmember Burk verified the car wash would be on town water. Councilmember Horne stated her concerns are related to design issues as they compliment the neighboring areas (residential) and landscape buffers. Councilmember Hammler verified this parcel is subject to H-2 Design Guidelines. Chris Gleckner, land use planner with Walsh Colucci, explained the proposed special exception application. She stated the site is located at the southeast quadrant of Battlefield Parkway and Potomac Station Drive north of Rt. 7. Further, the pad site will be designed architecturally compatible with the existing mixed use center. The special exception plat shows a 2,400 square foot convenience store with a :[,0:[2 square foot drive through car wash and six fuel pump islands. She stated the pedestrian walkways will allow for entering and accessing the convenience store without having to pass through other pad sites. She added a berm has been proffered along Potomac Station Drive, further the applicant agrees with the staff recommendation and conditions of approval. There were no speakers at this public hearing The public hearing closed at 9:54 p.m. Legislation CONSENT AGENDA On a motion by Councilmember Burk, seconded by Councilmember Kramer, the following motion was proposed: Town Council minutes for April 26, 2005 Page 9 RESOLUTION Authorizing a time extension for completion of public improvements and approving a performance guarantee for Stowers Phase, Section 2. Councilmember Zoldos questioned why Richmond American is requesting a second time extension? Tom Mason stated they have not finished their houses. Councilmember Zoldos asked for a deferral of this item, seconded by Councilmember Hammler. REGULAR AGENDA On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2005-72 RESOLUTION Adopting the FY 2006 Budget The motion was approved by the following vote Aye: Burk, Home, Kramer and Martinez Nay: Hammler, Zoldos and Mayor Umstattd Vote: 4-3 On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the following motion was proposed: 2005-73 RESOLUTION Adopting the 2006-1010 Capital Improvements Program The motion was approved by the following vote: Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Mayor Umstattd, seconded by Councilmember Hammler, the following motion was proposed: 2005-74 RESOLUTION Setting tax rates on real and personal property in the Town of Leesburg for calendar year 2005. The Mayor recommended reducing the tax to $ 0.20 and read the proposed resolution. Councilmember Zoldos stated he had requested an additional mark up meeting, but the majority of Council is ready to vote on the $ 0.20. Councilmember Hammler asked that the record show that she did request a markdown session at the last budget work session as there was not a quorum. She Town Council minutes for April 26, 2005 Page 10 stated last Tuesday she did propose a set of amendments with the goal to urge a discussion by line item. She stated Council should accept a budget that equates to no real net tax increase for Leesburg citizens: a $ 0.215 rate equates to a real tax increase of at least 20% based on homeowner assessments. She stated assessment values do not equate to real new net income for residents yet our proposed budget rose in exact dollar amount to the amount of these new assessment values. She stated she does not support the argument that there is no room for a marking down this budget. She added Leesburg is very near build out, so Council should tread conservatively regarding hiring full time staff. She stated Leesburg government serves the role of providing very specific municipal services; adding to do more is to take a fundamental right away from citizens as to how best to spend their hard earned money. Further, we should be in the business of only providing those municipal services in which it is in the citizens' best interest and to pool resources because it saves them money; i.e. roads, maintenance, water and sewer. The services must be provided in the most proficient way. She stated she is looking forward to a new beginning in which we can implement new ways to do business from outsourcing to privatization adding we must seek to eliminate duplicate services or seek a pro rata share from Loudoun County in the areas of police, social services, charitable contributions, economic development, planning and zoning. She stated she would be asking Council to add this to the agenda when we meet with the Loudoun County Board of Supervisors. She asked the town manager to provide a FY07 proposed budget with a no net increase in taxes, not simply a constant tax rate. Mayor Umstattd stated there have been very good arguments to hold taxes down and provide much needed projects, especially storm drainage and sidewalks. She stated we can fund all the capital projects that we all support as well as six new sworn officers for the police department at this tax rate. She added as we have heard from the citizens regarding the increase in assessments and resulting higher taxes is a fundamental and serious problem. Vice Mayor Martinez stated the tax increase greatly impacts his family. The things that attracted him to Leesburg are the level of service and the quality of staff that we have. He stated there could be some reductions, but it is irresponsible to sit here after reviewing the budget for three months and now ask staff to cut 5% in staff and other budget items. He added we have some redundant services with the town and county, but former Councils elected to do business as we are because we were not being properly serviced by the county. Further, if we start cutting away at that infrastructure, as an example during the winter if we don't have the budget for overtime which streets don't get plowed, the Parks and Recreation Department could not keep up Freedom Park if we didn't have staff. He proposed asking the town staff to start immediately discussing how we can have a no net tax increase budget next year. Vice Mayor Martinez stated the town has rising costs themselves. He discussed town staff working conditions and the fact that departments share administrative staff. He stated the need to generate other sources of revenue. From Town Council minutes for April 26, 2005 Page 1 ! a Council perspective he sees what it takes to make this town work and he is willing to pay to keep the level of service and quality of life in Leesburg. Councilmember Kramer stated comparisons were done per thousand citizens to number of employees and the town is dramatically lower than another town in the state. She stated her belief in making an investment in the future. She stated she personally has gone line by line on the budget and is not taking this lightly. She supports a budget that is reasonable for a town that is going to go forward in a healthy way. She stated the expenses in this budget are responsible and offer our citizens safe neighborhoods, sidewalks and curb and gutter in neighborhoods that are flooded. Lastly, but not leastly, she stated we have a remarkable, dedicated and efficient staff. Councilmember Horne stated she will be supporting the town manager's budget and capital improvements program with a tax rate of $ .0215. She stated this represents an investment in the town infrastructure and its assets with a high impact that includes investments in public safety, pedestrian accessibility, information technology, dealing with drainage issues and enhancing our road network. She stated although this will be a lower rate than the current $ .022 with the increased assessments brought on by a tight housing market, a growing economy, and expanding jobs in the region, she acknowledged we will all be paying more on the average bill for the homeowners in the town rose by $:L65.00 from last year. She stated as elected officials we only control the tax rate in our town, we do not control the county assessments. She added that Leesburg is at the lower end of tax rates for neighboring northern Virginia jurisdictions. She acknowledged emails and testimony advocating for community services that equate to expense items for this town. As part of the budget analysis and debate, she offered counter proposals. She added outsourcing does not remove the line item from the budget, as the private sector does not do the job for free. She stated currently we outsource trash removal and recycling, janitorial services, mosquito and pest control, some engineering and design services, and calibration of sensitive monitoring equipment. She stated she is very much in favor of hiring six additional police officers, adding with six new officers we are still under other jurisdictions with the number of police officers per thousand of population. Further, she stated the need to provide police the resources they need for combating crime and gangs. She stated her belief that as a community and local government we should always look for excellence and strive for improvement. Councilmember Burk stated she has thoroughly reviewed the budget saying it is easy to identify cuts but it is much more difficult to identify the needs of the community and respond to those needs. She stated she could cut the bus shelter, but cares that seniors have a covered area to wait for the bus; she cares about the tree canopy and the safety of our community and streets; she could cut town staff and outsource their jobs to people with no accountability to the town. Further, she stated she will work to maintain the level of service for the town, but will not allow suggestions that she will not make tough decisions and we do not care about this Town Council minutes for April 26, 2005 Paqe 12 town. Therefore, she will be casting her vote for the half cent decrease knowing it is a difficult decision. Councilmember Zoldos stated he believes it is the duty and responsibility of this Council to provide essential services and to maintain the level of service. The Mayor asked for a vote on the motion to adopt a tax rate of .20 per hundred of assessed value on real property. The motion failed by the following vote: Aye: Hammler, Zoldos and Mayor Umstattd Nay: Burk, Home, Kramer and Vice Mayor Martinez Vote: 3-4 Councilmember Kramer made a motion to support the town manager's budget proposal of .215 per hundred of assessed value on real property. Vice Mayor Martinez seconded the motion. Councilmember Zoldos stated there are many things in the proposed budget that he supports, such as the flooding improvements, sidewalks, etc.; however, there are some items within any budget that can be cut. Councilmember Hammler stated she absolutely cares about essential things such as public safety, adding the status quo of an equalized tax rate would have maintained essential services at the high level of service expected. She asked what is the crisis that has warranted a 20+% increase in our taxes. Councilmember Horne commented that every one of us has committed a great deal of time to the budget and she wants people to understand that no one takes it lightly. Councilmember Zoldos requested a roll call vote. The Mayor restated the motion to adopt a .215 tax rate per hundred of assessed value on real property. Aye: Nay: Vote: Horne, Burk, Vice Mayor Martinez and Kramer Hammler, Zoldos, and Mayor Umstattd 4-3 Town Attorney, Bill Donnelly, stated five votes are needed to impose a tax. The Mayor stated the Virginia Constitution says, "that no ordinance or resolution appropriating money exceeding the sum of $500 imposing taxes or authorizing the borrowing of money shall be passed except by a recorded affirmative vote of the majority of all members elected to the governing body. The Mayor stated the Town Attorney is thinking of the statute :~5.2-1427(g) that says, ":In towns no tax shall be imposed except by 2/3 vote of the Council members." The Town Attorney stated the Virginia Constitution and State statute are in agreement that it requires a greater majority. Town Council minutes for April 26, 2005 Page Bill Donnelly and the Mayor further discussed the state statute and Constitution and agreed that a greater majority is needed to impose a tax. There was further Council discussion on the options available to help achieve a 2/3 vote on the tax rate. Vice Mayor Martinez suggested delaying the vote on the tax rate and proceed to vote on the Fort Evans Plaza I! Retail Center. Council moved forward to vote on other agenda items Discussion of the tax rate resumed at 11:07 p.m. Mayor Umstattd stated there is an option to return to the May 10 Council meeting for further discussion of the tax rate after talking with other jurisdictions as to their interpretation of the state statute and the constitution. At the request of Council, the Clerk of Council reported the vote on last year's tax rate as 5-2 in favor of the proposed rate. Councilmember Kramer suggested a rate of $ .021. Town Manager, .lohn Wells, stated if there is support for a $ .02! tax rate, he would recommend Council adopt that this evening, it could then be reconsidered and he could return a recommendation to amend the budget by $260,000. Councilmember Horne made a motion to establish a tax rate of $ .021 and direct the Town Manager to come back with a list of proposed cuts. Vice Mayor Martinez seconded the motion. On a roll call vote the motion was approved by the following vote: Aye: Burk, Horne, Kramer, Martinez and Mayor Umstattd Nay: Hammler and Zoldos Vote: 5-2 On a motion by Councilmember Horne, seconded by Vice Mayor Martinez the following motion was proposed: 2005-75 RE$OLUT:I:ON Approving TLSE-2004-0013 Fort Evans Plaza I! Retail Center. Councilmember Hammler asked for a clarification on what was decided regarding the phasing of the road improvements and the maximum square footage. Chris Murphy stated the phasing is defined in Condition #7 of the resolution. He stated staff is recommending a maximum square footage per tenant of 40,000; however, the applicant is requesting 85,000 square feet. Town Council minutes for April 26, 2005 Page 14 Councilmember Horne restated her proposed motion to raise the square feet allowed to 85,000. Mr. Mike Collier addressed Council stating the industry standard is 100,000 square feet and they chose to reduce it to 85,000 square feet. He stated this issue is a deal breaker for them because the lenders will not finance with that deed restriction. Further, the 40,000 sq. ft. will preclude two tenants that have committed to space. Mr. Boucher stated the review by the Board of Architectural Review will provide more oversight on the building architecture. A larger tenant space will certainly have a facade that is broken up. Further, he stated if this is a by-right use a clever developer could find a way to build a 99,000 square foot building. Councilmember Zoldos stated he thinks this is a reasonable request and we have all the controls in place to restrict the design of the building. Vice Mayor Martinez agreed to the restated motion. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Vice Mayor Martinez, the following motion was proposed: 2005-76 RESOLUTION Approving TLSE-2004-0014 Fort Evans Plaza II, bank with a drive-thru, North. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Vice Mayor Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2005-77 RESOLUTION Approving TLSE-2004-00:L5 Fort Evans Plaza [[, bank with drive-thru, South. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Burk, seconded by Councilmember Kramer, the following motion was proposed: Town Council minutes for April 26, 2005 Page 2005-78 RESOLUTION Declaring that public need exists and authorizing offers from the listed property owners on Sycolin Road and authorizing condemnation if offers are not promptly accepted. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Home, seconded by Councilmember Zoldos, the following motion was proposed: 2005-79 RESOLUTION Authorizing a water service connection for the Woodlea Manor Conservancy Irrigation System. The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Horne, seconded by Vice Mayor Martinez, the following motion was proposed: 2005-80 RESOLUTION Making appointments to the Loudoun Street Citizens Task Force - Chuck Wilson, Paul Reimers and .lim Bowman The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Vice Mayor Martinez, seconded by Councilmember Zoldos, the following motion was proposed: 2005-81 RESOLUTION Making an appointment to the Tree Commission - John Groothius The motion was approved by the following vote: Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Boards and Commission a. Airport Commission No comment Town Council minutes for April 26, 2005 Page b. Thomas Balch Library Commission Councilmember Burk reported Sarah Treadwell recently spoke to the Northern Virginia Women and the Friends of Balch are having a reception on the 27th. c. Board of Architectural Review CouncJlmember Burk reported the BAR is continuing to meet separately with applicants and have worked out the sign issue with Persnickity Palm. d. Cable Commission Vice Mayor Martinez stated the Cable Commission is still working on the Verizon franchise. Further, renegotiation may be necessary for the Adelphia franchise since they have been bought by Comcast. e. Economic Development Commission Councilmember Horne stated a subcommittee along with Councilmember Hammler and Former EDC commissioner .lim Wynn is working to schedule a bio-tech seminar, The Business Appreciation Awards are scheduled for May 17 at the Birkby House. f. Environmental Advisory Commission Councilmember Burk stated the EAC is requesting that recycling information be provided at the litter pickup day. Further, they are discussing a plan for business recycling. g. [nformation Technology Commission Vice Mayor Martinez stated his appointee to the IT Commission is resigning, therefore, he is looking for another interested party. h. Parks and Recreation Commission Councilmember Hammler stated the Parks and Recreation Department has been declared a finalist in the National Gold Medal Award for the National Recreation and Parks Association. i. Planning Commission Mayor Umstattd stated the commission approved an extended schedule for the Comprehensive Plan. She stated they have been working extraordinarily hard and meeting every week on the comp plan. She stated one common thread among commissioners is the definition of mixed use. j. Tree Commission Councilmember Kramer stated they will be meeting tomorrow night to discuss the Urban Forestry Management Plan with the Davey Group. k. Standing Residential Traffic Committee No comment. Old Business a. Harrison Street Parking No new information. Town Council minutes for April 26, 2005 Page K. New Business Councilmember Zoldos, seconded by Vice Mayor Martinez, made a motion to forward a letter to Hick Staton, Chairman of the Transportation and Land Use Committee for Loudoun County for the discussion of a joint planning process for the Urban Growth Area. The motion was approved by a 7-0 vote: Aye: Burk, Hammler, Horne, Kramer, Zoldos, Hartinez and Mayor Umstattd Nay: None Vote: 7-0 L. Council Comments Councilmember Zoldos stated Bill Donnelly has served as our Town Attorney for over five years. He expressed his gratitude to Mr. Donnelly years of service and his dedication to the Town of Leesburg stating the town will miss his expertise. Councilmember Hammler echoed the comments regarding Bill Donnelly. She disclosed receiving a call from Harrison O'Connor on the :[4th and meeting Ben Leigh today. She stated her appreciation for Hr. Collier's flexibility during the arduous process on the Ft. Evans project. She discussed the goal for Class A Office space and how we can bring in a developer that will bring that to us. Councilmember Horne commented on the Ft. Evans Plaza vote stating the Planning Commission and staff spent much time with Hr. Collier on the project and have brought us to a point that generates some very substantive road improvements and enhancement to the commercial sector of our town. She congratulated the Parks and Recreation Department for the fine job on the Flower and Garden Festival. She thanked the folks who participated in the trash pick up day, including Nicole Ard, Tami Watkins and Harybeth Mohr. She stated her hope to have a yearly effort to collect trash. She thanked the Mayor and Mrs. Martinez for coming to the kick-off. She stated she had a good discussion with Marry Mantel of the Leesburg Fire Department on their future plans. Further, she reported attending a meeting in Woodlea Manor with Joe Hay regarding the Dominion Virginia Power transmission lines. Councilmember Burk congratulated Barbara Eason who teaches at Sanders Corner for being selected as the Shenandoah Teacher of the Year. She commended Crossroads for their dedication make Leesburg a better place and their interest to get more people in the community involved. She thanked all of the individuals who came out to support the Trash Cleanup Day. She also thanked Vaaler Real Estate, Keene Enterprise, Carter Town Council minutes for April 26, 2005 Page and Costco for their donations. She stated her hope for this to become a yearly event. She congratulated the Parks and Recreation Department for the wonderful Flower and Garden Show. Vice Mayor Martinez stated his wife really appreciated the efforts on Cleanup Day and she was glad to help. He congratulations Parks and Recreation for the wonderful Flower and Garden Show. He stated the Leesburg Volunteer Fire Department can no longer use bingo as a way to raise money, therefore, he asked the citizens to support their pancake dinners. Councilmember Kramer had no comments. M. Mayor's comments: Mayor Umstattd thanked Tim Jon of Wage Radio and Lt. Col..lay Greely for doing a very fine job on Jay's recent experience in iraq. She thanked Councilmember Hammler, Becky Shields, Betsy Mayr and Councilmember Kramer for going to the Leesburg Softball League grand kickoff at Freedom Park. She congratulated Russian Sage at :~10 Loudoun Street for their recent ribbon cutting. The Mayor thanked Calvin Grow for a wonderful job preparing a presentation for the Commonwealth Transportation Board to lobby for funds for Battlefield Parkway. She congratulated Bob Sevila for his appointment to the Commonwealth Transportation Board. She also thanked John Wells, Tom Mason and Calvin Grow for going over our top transportation priorities with Mr. Sevila prior to the meetings. She congratulated Gelato's, a new italian food provider, at 211 Loudoun Street SE. The Mayor thanked Councilmembers Burk and Horne for their efforts in the trash cleanup. She reported meeting with Frank Strider, Senator George Allen's legislative assistant for Northern Virginia. They drove out to where Battlefield Parkway is to be built between Tavistock and Rt. 7. She asked Mr. Strider to express our request for support of Congressman's Wolf's $2 million request from Congress for completion of Battlefield Parkway. M. Manager's Comments a. John Wells stated there is a letter in Council's folder authorizing a letter of engagement for Elizabeth D. Whiting, esq. to serve as interim Town Attorney. On a motion by Councilmember Zoldos, seconded by Councilmember Hammler, the following motion was proposed: Town Council minutes for April 26, 2005 Page 2005-82 RESOLUTZON Authorizing a letter of engagement for Elizabeth D. Whiting, esq. to serve as the :Interim Town Attorney. The motion was approved by the following vote: Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 b. John Wells stated the budget would have to be amended to consider the reduction. He stated the revised number on the General Fund will mean a reduction of 234,000. Councilmember Horne, seconded by Vice Mayor Martinez, made a motion to reconsider the budget. The motion to reconsider was adopted by the following vote: Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Councilmember Home, seconded by Vice Mayor Martinez, made a motion to reduce the budget by $234,000. The motion to reduce the budget by that amount was approved by the following vote: Aye: Nay: Vote: Burk, Horne, Kramer, Martinez and Mayor Umstattd Hammler and Zoldos 5-2 c. John Wells stated the packet includes a revised schedule for the new Town Plan. He also reported on a memo regarding the status of the crosswalk on Marshall Drive. N. Adjournment The meeting adjourned on a motion by Councilmember Zoldos, seconded by Councilmember Hammler. ~i, Mayor ; I ' . Jr' I'IC::IyLJI / Town of Leesburg ATTEST: ,~lerk of ~ouncil 2005_tcmin0426