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