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HomeMy Public PortalAbout2006_11_28 COUNCIL MEETING November 28, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: Council Member Reid arrived at 7:45 p.m. Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, 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, Airport Director Tim Deike, Director of Parks and Recreation Kaj Dentler, Director of Capital Projects Management Nagi Elsewaissi, Zoning Administrator Brian Boucher, Assistant Director for Parks Bill Ference, Planner Scott Parker, Planner Jim Chandler, Community Outreach Program Supervisor Jennifer Sexton, Recreation Programs Manager Kate Trask, Downtown Coordinator Lisa Capraro, Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry. AGENDA ITEMS A. Invocation by Candace Brinkley of the Cherokee Tribe B. Salute to the Flag was led by Council Member Wright C. Roll Call Council Member Reid arrived at 7:45 p.m. D. Minutes a. Regular session minutes of October 24, 2006 On a motion by Council Member Burk, seconded by Vice Mayor Horne, the minutes of October 24, 2006 were approved by a 6-0-1 vote (Reid absent) with minor edits. E. Presentations a. Proclamation - American Indian Heritage Month On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the following proclamation was approved by a 6-0-1 vote (Reid absent) : PROCLAMATION NATIONAL AMERICAN INDIAN HERITAGE MONTH NOVEMBER 2006 WHEREAS, on November 5th, 1994 President Clinton issued a proclamation based on Senate Joint Resolution 271, designating the month of November as "National American Indian Heritage Month; and Town Council Meeting minutes of November 28. 2006 Paqe 2 WHEREAS, American Indians, the first Americans, have made enormous contributions to the life of our Country and the earliest beginnings of its history; and WHEREAS, American Indians have greatly enhanced the culture, prosperity and greatness of our Commonwealth and nation; and WHEREAS, local organizations such as the Loudoun Museum and the Thomas Balch Library both offer a variety of information for individuals who wish to discover the contributions that American Indians have made in Loudoun County and nationwide; and WHEREAS, it is fitting to recognize the many accomplishments and contributions of American Indians to our shared culture and to the preservation of our lands and of the tradition of America's first inhabitants. THEREFORE RESOLVED, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the month of November of the Year 2006 as National American Indian Heritage Month in the Town of Leesburg and urge the citizens of Leesburg, as well as community organizations, to preserve and remember the accomplishments of Native Americans throughout the history of our nation. PROCLAIMED this 28th day of November 2006. The proclamation was presented to Candace Brinkley of the Cherokee Tribe and Chief John Rocca of the Tuscarora Tribe. b. Bruce Gemmill - Leadership Loudoun Bruce Gemmill, Leadership Loudoun, addressed Council requesting use of the Council Chambers on January 18. He stated his group plans to hold a symposium to investigate the feasibility and promotion of a performing arts center in Leesburg. Further, he stated the symposium will feature a forum of experts in the field interspersed with live performances. Mayor Umstattd verified this symposium will not conflict with other meetings in this building. Vice Mayor Horne proposed a motion, seconded by Council Member Martinez, to suspend Council's rules of order to allow a vote on this request tonight. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 Council Member Martinez proposed a motion, seconded by Vice Mayor Horne, to grant Mr. Gemmill's request for use of the Council Chambers on January 18, 2007. Town Council Meeting minutes of November 28. 2006 Paqe 3 The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 c. Certificate of Appreciation - Leesburg Toyota/Scion On a motion by Council Member Martinez, seconded by Council Member Burk and approved by a 6-0-1 vote, (Reid absent) a certificate of Appreciation was presented to Mr. Ludwig Matay and Leesburg Toyota Scion in recognition of contributions to the Leesburg Department Parks and Recreation's R.O.C.K. program. d. Certificate of Appreciation - Ludwig Matay The Certificate of Appreciation was presented as stated above. e. Certificate of Appreciation - Chad Moore On a motion by Vice Mayor Horne, seconded by Council Member Burk and approved by a 7-0 vote, a Certificate of Appreciation was presented to Chad Moore in recognition of his service to the Town of Leesburg and the Leesburg Planning Commission from August 2005 to December 2006. f. Certificate of Appreciation - Mike Freda On a motion by Council Member Wright, seconded by Council Member Burk and approved by a 7-0 vote, a Certificate of Appreciation was presented to Mike Freda in recognition of his service to the Town of Leesburg Finance Department from March 2000 to November 2006. g. Economic Development Commission - Doing Business Guide Ara Baqdasarian, Chairman of the Leesburg Economic Development Commission presented Council with the Leesburg Doing Business Guide. Mr. Bagdasarian thanked the members of the Economic Development Commission and staff for their efforts in this process. Further, he stated the object of the guide is to simplify the process of starting a new business in Town and to provide resources for all business to use. The Town Council expressed their appreciation to the Economic Development Commission and staff for their efforts in creating the Doing Business Guide. h. Leesburg Crossroads - Alley Project Dieter Mever, Chairman of Leesburg Crossroads, provided Council with an overview of his group's vision for the revitalization of the alley between the Leesburg parking garage and the businesses along South King Street. He stated this project will improve the overall aesthetics by implementing the first phase of the utility under grounding project and will tie in with the proposed Loudoun Street building. Mr. Meyer outlined several capital projects associated with improvement of the alley; including hardscapes, plantings, garage fac;ade improvements, public seating, a fountain and lighting. Further, he discussed the need to hire a consultant during the next budget year to design the alley, Town Council Meetinq minutes of November 28. 2006 Paqe 4 prepare construction drawings and work with the property owners to gain support. Council Member Burk commended the members of Leesburg Crossroads for the vision they have put forward. Vice Mayor Horne stated this provides a vision for how the area can be transformed into a more walkable and friendly area. Council Member Martinez stated the trip Council took to Staunton provided examples of changes we can make to revitalize our downtown. Council Member Hammier thanked the Crossroads group for their efforts. She requested an estimate of the consultant fees for this project and asked how other communities have financed these types of projects. Mr. Meyer stated some of the examples were funded through a public/private partnership; however, all of the projects had some element of public funds. Council Member Hammier stated she would like to discuss these options at a future work session. Council Member Wright asked how much of the current alley is publicly owned. Mr. Meyer stated the public portion is approximately 20-feet wide. Council Member Reid asked what would happen to the existing parking in the alley. Mr. Meyer stated it would be up to the property owner to determine if they wish to maintain the parking or redevelop their property to a much higher use. Council Member Reid stated he likes the idea of the entertainment alley concept. He stated he is concerned with the idea of removing the dumpster as the Environmental Advisory Commission has discussed adding a recycling receptacle in the alley to encourage the downtown business to recycle. Mr. Meyer stated that could be one of the program requirements when the formal study of the alley is conducted. Mayor Umstattd stated she would like a report from our Economic Development staff indicating the level of support we have from the businesses along the alley. Mr. Meyer stated he has not spoken with all of the business owners; however, he has spoken with most of the property owners. Town Council Meetinq minutes of November 28. 2006 Page 5 i. SE/SW Trails Committee Final Report Dave Butler, Chairman of the Trails Committee, provided an overview of the Committee's final report on a trail network to address the needs of the southeast and southwest quadrants of Town. He stated the Committee's final report has received the endorsement of the Parks and Recreation Commission. Further, he thanked Kaj Dentler, Jim Chandler and Bill Ference for their assistance. Mr. Butler stated the Committee surveyed 6,000 households in the southeast and southwest quadrants and held two public input sessions. He stated if all of the trails in the Capital Improvement Program (CIP) were built, four gaps would still exist in the overall trail network. Further, he suggested filling these gaps by (1) providing trail access across the bypass in the Southeast quadrant of Town in conjunction with the proposed Sycolin Flyover or by constructing a trail along the southeast side of the bypass to connect with the W&OD trail; (2) providing a trail west of the Greenway to complete the Route 621 Trail and connect the Evergreen Meadows residents and the proposed Meadowbrook residents with the South King Street Trail; and (3) implementing a Southwest Connector Trail which would connect to the South King Street Trail, north of Country Club Drive, provide access to the W&OD trail, schools and neighborhoods; reduce usage from Chancellor Street and move bicyclists off the South King Street Trail. Mayor Umstattd thanked Mr. Butler and the members of the Committee for their hard work, vision and cooperation. Council Member Burk stated there were various places where the Committee recommended against constructing a pedestrian bridge and questioned why the Committee endorsed the bridge as part of the Southwest Connector Trail. Mr. Butler stated this bridge is the least expensive of all those proposed and also provides the greatest benefit to the citizens. Council Member Burk commented on the committee's safety concerns with the South King Street Trail and questioned how a trail along Evergreen Mill road would be safer. Mr. Butler stated the trail right-of-way along Evergreen Mill Road is lower than the road and well off of the road. Vice Mayor Horne stated these citizens have taken an accessibility and contentious neighborhood issue and have worked together to create solutions. She congratulated the Committee members on their efforts. Further, she asked that Council formally accept this report and look at how to implement the recommendations. Council Member Martinez thanked the Committee members for their hard work. He stated he had spoken with the owner of the Westpark Golf Club who was amenable to allowing trail access through his property. Town Council Meeting minutes of November 28. 2006 Page 6 Mr. Butler stated the Committee did not speak with the owner; however, after looking at the property they felt the Southwest Connector Trail is a more viable option. Council Member Martinez expressed support for Vice Mayor Horne's suggestion that Council formally accept the report and look at various funding options. Council Member Hammier thanked the Committee and stated she looks forward to discussing these options and examining staff's recommendations regarding funding for the projects. Further, she stated it appears that this would also provide a trail connection to the park and ride lot. Council Member Martinez thanked staff and the Parks and Recreation Commission for their efforts. Council Member Wright commented on the Committee's efforts to review all options, visit potential sites and come together to endorse this set of recommendations. He stated he is looking to staff for guidance on how to fund the immediate needs and how to incorporate the other recommendations into the process. Council Member Reid thanked the Committee for their efforts stating this is the model we can use to resolve future issues. He suggested incorporating this report into the Town Plan before making any CIP recommendations. Further, he stated the committee referred to a trail along Dry Mill Road as potentially dangerous and asked if there is any accident data to support that claim. Mr. Butler stated few pedestrians currently use Dry Mill Road; however, the committee feels if a trail is built it will encourage more students to use this route to school. Council Member Reid stated he would like to see cost estimates for the implementation of these recommendations from staff. Sandy Smallwood, Trails Committee, stated this trail would not only provide access inside the bypass to those outside the bypass, but it would also provide those inside the bypass with access to Simpson Middle School. Council Member Hammier stated there are occasional news reports regarding safety on the W&OD trail and asked that a report be provided by Chief Price in conjunction with the future work session discussions., On a motion by Vice Mayor Horne, seconded by Council Member Burk the following motion was proposed: MOTION Suspending Council's rules of order and formally accepting the report presented by the Trails Committee. Town Council Meetinq minutes of November 28. 2006 Page 7 The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 j. Medical Automation Conference Update - Dr. Terry Sharrer Dr. Terrv Sharrer thanked Council for their support of the Medical Automation Conference stating 71 organizations, 14 states and six foreign countries were represented. He outlined the highlights of the conference and various ideas for next year's conference. Further, he stated he encourages the Town Council and the Loudoun County Board of Supervisors to consider anchor tenets in scientific fields for future development applications. Mayor Umstattd thanked Dr. Sharrer for his energy and initative. Dr. Sharrer stated the conference brought in $232,000 and expenditures totaled $109,000. Mayor Umstattd stated at the recent Bankers Roundtable Ara Bagdasarian was speaking with bankers regarding the opportunity for investment in the Medical Automation Conference. Further, Andy Shuckra with Keane Enterprises was working with a medical technology firm interested in the Oaklawn property. Council Member Burk stated she chairs the Shenandoah University Board in Northern Virginia and would be happy facilitate discussions between Dr. Sharrer and the school. Vice Mayor Horne stated she had the opportunity to visit the Richmond Bio-tech park through the LEAD Virginia program. She stated Phillip Morris has just made a $350,000,000 investment in that research park. Further, she stated Fairfax County's Economic Development Office has a Capital Attraction Manager who identifies venture capital opportunities and matches them with companies that are in Fairfax County and perhaps Loudoun County should think of that as well. Council Member Hammier thanked Dr. Sharrer for his report. She expressed her appreciation for his focus on the Medical Automation Institute. Further, she stated it would be ideal to have a Fairfax level staff, but perhaps we could engage a third party non-profit to bring companies to Leesburg. F. Petitioners The petitioner's section opened at 9:25 p.m. There were no petitioners. The petitioner's section closed at 9:25 p.m. G. Public Hearing a. Proposed Bond Financing The public hearing opened at 9:26 p.m. Town Council Meeting minutes of November 28. 2006 Paqe 8 Norm Butts stated this action is needed to allow the Town to borrow up to $8.7 million in new money. He stated this would also authorize the refinancing of earlier issues resulting in a savings of at least $500,000. Council Member Burk verified the list of projects provided by staff to receive funding under this bond issue is only a suggested list. Council Member Wright stated at an earlier meeting there was discussion of having a minimum savings threshold for pursuing the refinancing and asked why that is not addressed in the resolution. Mr. Butts stated Council passed a resolution to advertise for a public hearing and included the thresholds. He stated right now the market is in our favor. Mayor Umstattd identified some of the potential projects to be financed with this bond financing. There was further discussion of the Town's recent credit rating upgrade. There were no speakers. The public hearing closed at 9:34 p.m. On a motion by Council Member Martinez, seconded by Council Member Wright, the following motion was proposed: 2006-197 RESOLUTION Authorizing the issuance and sale of up to $23,635,000 in general obligation and refunding bonds. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd None 7-0 Nay: Vote: H. Legislation I ORDINANCES None CONSENT AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the followi ng motion was proposed: 2006-198 RESOLUTION Accepting the public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at 210 Wirt Street, SW. Town Council Meeting minutes of November 28. 2006 Page 9 2006-199 RESOLUTION Accepting the public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Potomac Crossing, Section 6. 2006-200 RESOLUTION Authorizing an agreement, approving a performance guarantee and water and sewer extension permits for Oaklawn Townhouses, Section 1. 2006-201 RESOLUTION Authorizing an agreement and approving a performance guarantee for the Dulles Greenway - Battlefield Parkway Interchange. 2006-202 RESOLUTION Accepting public improvements, releasing the performance guarantees and approving performance guarantees for public improvements at Potomac Station Sections 8A and 8C. 2006-203 RESOLUTION Authorizing the advertisement of a public hearing for TLOA-2006-0005 to modify Article 18 of the Zoning Ordinance regarding the definition of temporary commuter parking lot. 2006-204 RESOLUTION Approving a supplemental appropriation of $605 resulting from a donation to the Community Outreach Program from Leesburg Toyota/Scion car dealership. On a motion by Council Member Reid, seconded by Council Member Burk, and approved by a vote of 7-0 the following item was added to the consent agenda: 2006-205 RESOLUTION Supporting the efforts of the Liberty Street project and the Leesburg Prince Hall Free and Accepted Masons to restore and preserve the property located at 14 Liberty Street in the Old and Historic District. The consent motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Council Member Wright, seconded by Vice Mayor Horne, the following motion was proposed: Town Council Meeting minutes of November 28. 2006 Page 10 MOTION To approve the following proposed amendments to the Leesburg Town Charter as advertised and presented during the October 24, 2006 public hearing: · Powers relating to housing and community development; · Powers relating to code of technical regulation; · Powers relating to development agreements; · Powers relating to Architectural Control Districts Authority of the Town Council to regulate Design standards and alteration of boundaries of districts alterations of boundaries of districts Council Member Reid offered an amendment to item A 6 to add the word "and" between "rapidly" and "would" on line 5 and strike "would be plainly offensive to human sensibilities or would otherwise constitute a reasonable or foreseeable detriment to the community". There was further discussion of this proposed amendment. Council Member Reid's amendment was seconded by Vice Mayor Horne. Council Member Hammier asked if there is redundancy in "would be plainly offensive" and "would otherwise constitute a reasonable or foreseeable detriment to the community". Ms. Beach stated it is not redundant as those are two separate issues. Further, she stated this language was taken from the Town of Purcellville charter, which was approved by the General Assembly. Council Member Wright stated the design standards part of the Charter amendment is something we have been after for a long time and it would be of greater comfort to send down language that has already been approved once. Further, he stated if something comes up that is so offensive, we need a tool to strike it; however, there is also a duty upon us to not misuse this power. Council Member Reid stated the Town of Leesburg has a much longer constituency on these issues than does the Town of Purcellville. The motion to amend failed by the following vote: Aye: Reid Nay: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd Vote 1-6 Council Member Reid stated he will not support this motion as the ongoing discussions prove that we need a Charter Commission and it is his hope that Council will appoint a Charter Commission before discussion of the broader issues next year. Council Member Hammier stated it is important to have community involvement; however, we have learned through the political process in Richmond that we need to be as concise as possible. Council Member Wright stated he would like Council to hold a work session to discuss the remainder of the Charter amendments. Town Council Meeting minutes of November 28. 2006 Paqe 11 The original motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd Nay: Reid Vote: 6-1 On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following motion was proposed: 2006-206 RESOLUTION Recinding resolution 2001-39 and establishing an underground utility distribution area and underground utility distribution corridors. Council Member Wright stated this allows Council to set a goal while not immediately incurring any costs. Council Member Hammier this also allows the Town to engage in discussion with other parties who may pay for this initiative. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Council Member Wright, seconded by Council Member Hammier, the following motion was proposed: 2006-207 RESOLUTION Approving a contractual position in order to hire a full-time tennis professional for the tennis center at Ida Lee Park. Council Member Wright stated this was discussed and endorsed by the Parks and Recreation Commission. Council Member Hammier stated she would like more information on this item as it has not been discussed by Council before. Kaj Dentler stated the tennis center is moving forward with plans to open in November 2007. He stated the department currently has a regular part-time tennis professional position with partial benefits; however, a full-time teaching professional is needed to compliment this facility. Mayor Umstattd verified this staffing need was part of the original proposal. Council Member Martinez asked if a vote is needed tonight. Mr. Dentler stated it would be preferable to have a vote tonight as the holidays are coming up and the position needs to be posted. Council Member Hammier asked if the rules of order would have to be suspended for a vote. Town Council Meeting minutes of November 28. 2006 Page 12 Mayor Umstattd stated we would not have to suspend the rules because this was part of the original vision for the tennis facility. Council Member Wright stated Council does not need to suspend the rules because this item was listed on the advertised agenda. Council Member Martinez stated one of the original rules stated that without prior discussion an item could not be voted on without unanimous consent. Council Member Reid proposed a motion to table this item. The motion was accepted by Council Member Martinez. The motion to table failed by the following vote: Aye: Horne, Martinez and Reid Nay: Burk, Hammier, Wright and Mayor Umstattd Vote 3-4 The original motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Nay: None Vote: 6-0-1 (Reid abstaining) On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the following motion was proposed: 2006-208 RESOLUTION Making an appointment to the Planning Commission - David Butler The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Nay: None Vote: 7-0 On a motion by Council Member Martinez, seconded by Council Member Burk, the following motion was proposed: 2007-109 RESOLUTION Authorizing a request for matching funds from the Virginia Department of Transportation (VDOT) FY 2007 Revenue Sharing Program for the Virts Corner Project. Council Member Reid asked why this project was chosen and verified the funding is not guaranteed. Mr. Elsewaissi stated we have requested use of our share of the Loudoun County gas tax to supplement this project. He stated this project will be of critical need once the overall Battlefield Parkway project comes on line. Council Member Wright asked if it would have been better to request funding for the portion of Battlefield Parkway between Fort Evans Road and Edwards Ferry Road. Town Council Meetinq minutes of November 28. 2006 Paqe 13 Mr. Wells stated the funding for that project is already in place. Council Member Horne stated she frequently travels through the Virts Corner intersection and it is in need to safety improvements. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 I. Boards and Commissions Council Member Burk proposed a motion to suspend board and commission reports unless there is an item of urgent need. The motion was seconded by Council Member Reid. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 a. Airport Commission No comment b. Thomas Balch Library Commission No comment c. Board of Architectural Review No comment d. Cable Television Advisory Commission No comment e. Commission on Public Art No comment f. Economic Development Commission No comment g. Environmental Advisory Commission No comment h. Information Technology Commission No comment i. Parks and Recreation Commission No comment j. Planning Commission No comment k. Tree Commission No comment Town Council Meeting minutes of November 28. 2006 Page 14 I. Standing Residential Traffic Committee No comment J. Old Business a. Strategic Plan Follow-up There was no Council discussion of this item. K. New Business a. Crosstrail Update Council Member Wright stated Supervisor Sally Kurtz had questioned our development application process after Peterson Companies stated they do not want to be in the Town because our ordinances have no way to accommodate their project. He stated he would support a simple letter from staff responding to this request. Brian Boucher stated the issue is could we accomplish the densities and number of units under our Zoning Ordinance. He stated he reviewed the Crosstrail plan and discovered we do have ordinances that would allow this to happen. Further, he stated the County requires five zoning districts for this plan; however, in the Town there would only be four or three zoning districts to accommodate the application as proposed. Mr. Boucher stated the Town Center District request could be handled similar to how the KSI project was handled by combing two districts. Further, he stated he would have to spend more time reviewing the application before he could comment on the exact number of waivers that would be required under the Town's Zoning Ordinance. Mr. Wells stated in summary we would not agree with the applicant's statement that the County's plans are more accommodating than our ordinances. He stated neither the County, Town or Greenway Plans provide for residential in this area. Council Member Burk asked if we could simply state this fact in a letter to be sent to Supervisor Kurtz and copied to the Loudoun County Board of Supervisors. Mayor Umstattd stated she would not want us to say that we could accommodate all the residential use that is requested. Mr. Wells stated we would not say that we could accommodate their request, rather there are existing zoning categories that would support the requested use through the rezoning of the property. Scott Parker stated the statements made by the applicant that our Zoning Ordinance would not allow for their requested uses were made without any discussion between the applicant and staff. Council Member Hammier stated the applicant had already made up their mind that they did not wish to be located in the Town when they invited Council to visit their projects in Fairfax. Council Member Hammier stated she drew the comparison between this project and the KSI project in her Town Council Meeting minutes of November 28. 2006 Paqe 15 comments to the Board of Supervisors. Further, she asked why this couldn't be accomplished by calling Supervisor Kurtz. Mr. Wells stated it is important to share this information with the entire Board. He stated as long as Council is aware of the conclusion staff feels comfortable in sending a letter to Supervisor Kurtz per Council Member Wright's suggestion. Mayor Umstattd stated a draft letter has been prepared and asked if there is interest in sending the draft letter. Council Member Wright proposed a motion to send the drafted letter. Further, he proposed an amendment to add language to the second paragraph to state, "....to begin formal discussions for annexation of Phase I of the Leesburg Joint Planning Area." The motion was seconded by Council Member Martinez. Council Member Reid offered an amendment to add language to the second sentence of the first paragraph to state, "....after November 8, 2006 and the work sessions November 20 and 27." The amendment was accepted by Council Member Wright. Council Member Hammier offered an amendment to add the word "denial" in the subject line at the top of the letter. The amendment was accepted by Council Members Wright and Martinez. The amended motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Oaklawn Proffers Brian Boucher stated in 2003 an option was included in this proffer to either contribute funds to the Leesburg Volunteer Fire Company and the Loudoun Volunteer Rescue Squad or dedicate land for their use. He stated over the past year staff has met with Keane Enterprises, the fire and rescue companies, and the airport regarding this proffer and decided that the land would be preferred. Further, he stated two non-contiguous parcels adding up to two acres have been proposed by the applicant. Mr. Boucher stated there are site plans going through the process for this development; however, the proffer says this proffer has to be met before zoning permits can be issued. Mr. Wells stated no action is necessary tonight. Council Member Burk expressed concern that the parcels are non- contiguous. Town Council Meeting minutes of November 28. 2006 Page 16 Mr. Boucher stated the usability of the land is of concern. Further, he stated the smaller parcel is located in the airport protection zone, which would not allow any building on the land. Council Member Burk verified the larger site will need extensive grading work. She stated she does not see how two separate parcels would work; especially when one parcel can not be built on. Rick Dizerega, Leesburg Volunteer Fire Company 1, there is a need for a site in this area; however, the two separate parcels do not meet this need. Council Member Burk asked if most fire and rescue sites are two acres. Mr. Dizerega stated Loudoun County requires five-acre sites for fire and rescue uses. Mr. Boucher stated the proffer states "two acres" and clearly the intent was for one parcel. Council Member Burk asked if the cash donation would be preferable. Mr. Dizerega stated the money would be paid out over time and for the rescue squad that money would add up to one-half of an ambulance. Vice Mayor Horne stated clearly this proposal will not work and we need to hear from the applicant how they plan to offer a two-acre parcel that will work as a fire and rescue site. Andy Shuckra, Keane Enterprises, this was given a lot of thought and this property was chosen to comply with the proffer while maintaining as much density as possible. He explained this choice of property was seen as beneficial to the Town as it would provide easy access between the fire and rescue facility and the airport. Council Member Martinez stated when this rezoning was approved the public safety proffer was negotiated just before the vote, so there was no discussion of whether the property should be contiguous. Barbara Beach stated it is very clear to her that the proffer is intended as one two-acre site. Council Member Hammier stated based on Ms. Beach's interpretation a new site is needed. Council Member Wright asked if Council can require that the two-acre site be a buildable site. Mr. Boucher stated the proffers imply that a fire and rescue facility will be built so it has to be a buildable site. Council Member Reid stated Peterson Companies has proffered five- acres for a fire and rescue site as part of the Crosstrail Development, and perhaps Oaklawn was considering that as the more viable site. Town Council Meeting minutes of November 28. 2006 Paqe 17 Tim Deike stated the Federal Aviation Administration (FAA) would like the Town to control the parcel in the runway protection zone. Further, he stated the FAA would withdraw all funding from the airport if there were any encroachment onto airport property. L. Preview Topics for December 11 Meeting a. Rezoning Application TLZM-2005-0002 amendment to the existing Oaklawn rezoning concept plan and proffers - public hearing There was no Council discussion of this item. b. Amending the Zoning Ordinance by adding Subsection 9.4.4 (Emergency Shelters) and adding Subsection 18.1.56.05 (Emergency Shelter) - public hearing There was no Council discussion of this item. c. Amending and Reordaining the Leesburg Town Code regarding Boards and Commissions - public hearing Council Member Wright verified this will cover the salary increase for the Board of Architectural Review, provide salary for the Public Art Commission and remove any Councilmanic representative from receiving salary. d. Revocation of the Gatehouse Cable Franchise by granting their request to surrender their franchise - public hearing There was no Council discussion of this item. e. Crescent District Master Plan Town Plan Amendment - public hearing There was no Council discussion of this item. M. Council Comments Council Member Reid disclosed a meeting with Oaklawn. He reminded Council to attend the tree lighting ceremony on Friday. Council Member Wriqht disclosed a meeting with Oaklawn. He stated he will be away on travel and unable to attend the tree lighting ceremony on Friday. Further, he thanked the Loudoun County Board of Supervisors for their thoughtful consideration and debate during the Crosstrail work sessions. Council Member Hammier disclosed meetings with INOVA and Centex Homes. Further, she thanked Mike Freda for his service to the Town. Council Member Martinez disclosed a meeting with Bob Sevila regarding the O'Connor property. Further, he thanked the Trail Committee for their efforts and asked staff to look for funding for the Southwest Connector Trail including the possibility of using unused Capital Improvement Project funds. Mr. Wells staff will provide a report at the next work session. Vice Mayor Horne stated she has a meeting scheduled for Thursday of this week with Oaklawn. Further, she stated she will miss the Council work session on December 11 and the meeting on December 12 due to business travel. Town Council Meeting minutes of November 28. 2006 Page 18 Vice Mayor Horne expressed her sympathy regarding the loss of Joe Holbert. She stated she is excited that Delegate May is considering Leesburg as a potential location for a division of his business. Council Member Burk disclosed meetings with the Aurora Group, Centex Homes and with Sunrise. N. Mayor's Comments Mayor Umstattd had no comments. o. Manager's Comments Mr. Wells stated he received an email from the Loudoun County Library Director stating their intention to keep Rust Library open until March. He stated that will match up with the opening of the construction bid. P. Closed Session Council Member Reid proposed a motion to defer discussion of the personnel matter pertaining to the Town Attorney. Council Member Martinez seconded the motion. Barbara Beach asked that Council not decide what topics will or will not be discussed in closed session until the closed session has begun. Mr. Wells stated it is possible that Council may wish to take action on the water rate litigation item after the closed session. Council Member Martinez left the meeting at 11:05 p.m. On a motion by Mayor Umstattd, seconded by Council Member Reid, the following motion was approved by the following vote: Pursuant to Section 2.2-3711(A)(1), 2.2-3711(A)(3), and 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss a personnel matter pertaining to the Town Attorney, the acquisition of real property, and to consult with legal counsel on the Water Rate Litigation. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) The Council convened in closed session at 11 :06 p.m. The Council reconvened in open session at 12:05 a.m. On a motion by Mayor Umstattd, seconded by Council Member Burk, the following motion was approved by a 6-0-1 roll call vote; Martinez absent: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public Town Council Meetinq minutes of November 28. 2006 Page 19 business matter lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) On a motion by Mayor Umstattd, seconded by Vice Mayor Horne, the following motion was proposed: MOTION To thank Tom Nicholson for his legal representation in the Dominion Virginia case and inform him that future work on this case will be handled by the Town Attorney, and direct the Town Manager and Mayor to disengage the Town from continued representation by Mr. Nicholson. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) Q. Adjournment On a motion by Vice Mayor Horne, seconded by Council Member Burk, the meeting was adjourned at 12:08 a.m., Wednesday, November 29, 2006. ATTEST: 2006_tcmin1128