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HomeMy Public PortalAbout2000_04_25COUNCIL MEETING April 25, 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Clem presiding. Councilmembers Present: George F. Atwell, Mervin V. Jackson, Leonard McDonald, Kristen C. Umstattd, Vice Mayor Webb, Robert Zoldos and Mayor Clem. Staff Members Present: Robert S. Noe, Town Manager, William E. Donnelly, Town Attorney, Assistant Town Manager for Economic Development John Henry King, Finance Director Paul York, Budget Officer Mike Freda, Director of Engineering & Public Works Thomas A. Mason, Director of Planning, Zoning & Development Michael Tompkins, Planner Stacey Rothfuss, Director of Utilities Randy Shoemaker, Public Information Officer Susan Farmer, Zoning Administrator Brian Boucher, and Acting Clerk of Council Mary Mack. AGENDA ITEMS A. Invocation was led by Mr. and Mrs. Skip Brinkley B, Salute to the Flag was led by Vice Mayor Webb, C, Roll Call showing all members present, D. Presentation of Proclamation for National Day of Prayer to Mr. and Mrs. Skip Brinkley. A PHOC LAMAT[OA/ for /VA l lO/VA L DA Y OF PBA FEB May 4, 2000 WHEREAS, the annual National Day of Prayer is held on the first Thursday of May, and WHEREAS, on Thursday, May 4, 2000, 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 national, state and community leaders; and WHEREAS, this year's program will be held Thursday, May 4, 2000, in Asbury Hall of the Leesburg United Methodist Church from noon to 1:00 p.m.: THEREFORE BE XT RESOLVED: that the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim Thursday~ May 4~ 2000, as National Day of Prayer and urge all citizens to participate in the ceremony. Minutes: On motion of Councilmember Jackson, seconded by Councilmember McDonald, the following minutes were unanimously approved as corrected for typographical errors: Leesburg Town Council Minutes for 4/25/00 Page #2 Minutes for Work Session - April 10, 2000 Minutes for Regular Session - April 11, 2000 F. Petitioners: 1. Alicia Wilson resident of the town came to thank the Mayor and Council and staff for their help during a recent incident she and her family had at the local Days Inn. 2. Lolita Smartt., resident and daughter of Ms. Wilson also thanking everyone for their support during and after this recent incident. 3. Pam Stewart a resident and chairman of Megan's Walk for Cystic Fibrosis Research was present to advise everyone of the walk scheduled for May 20th. Bill Hudspeth a resident of Woodlea Manor came to report back on their survey taken with regard to the Crestmont application, He reported 86% of those surveyed were in opposition to the rezoning and to serving water and sewer outside the Town. He advised that they will be appearing before the Board of Supervisors with this information and presented the survey results for the record. Stanley Caulkins was present regarding collections for costs for August Court Days and other activities and ask that those charges not be collected for this year, indicating that it was not a planned expense for the activity. There were no other petitioners. (3. Public Hearings. #SE-2000-02 Mayor Clem then opened the public hearing on SE-2000-02 by Holy Trinity Lutheran Church. Planner Stacey Rothfuss gave a brief overview of this application and advised that the Planning Commission has recommended approval. ]anice Phoebus was recognized as the applicant and asked for the Council's support for this because it is needed. There was no one else present to speak for or against this application. The public hearing was closed at 7:55 p.m. Proposed Budqet - Fiscal Year 2000-2001 Mayor Clem called this public hearing to order at 7:57 p.m. Paul York introduced Budget Officer Hike Freda who gave a brief visual overview of the proposed budget, The following persons were present to speak regarding the budget hearing: :1. Ron Eamich, representing the NE Coalition. He spoke of their programs outlining their summer camp programs and teen and senior programs. He asked for the Council's support for their request for $13,000 in this new budget. 2. Francis Johnson Chinn, also speaking for the Northeast Coaliltion. She told of the benefits of these programs and also asked for the Council's support for their budget request for the coming year. 3. Linda Callagy, OWNER OF Potomac Gallery and Treasurer of the Loudoun Tourism Council spoke in support of the Tourism Council's budget requests for the coming year. 4. Sandy Kane, resident of Kincaid Forest, read a letter regarding the Kincaid Forest Homeowners Association request regarding their landscaping. Leesburg Town Council Minutes for 4/25/00 Page #3 5. Doug Goolsby, resident of 906 Chancellor Street was present asking for the funds for the Chancellor Street trail to be diverted for the South King Street trail. 6. Sandy Smallwood, resident of 902 Chancellor Street, asked to have the budget item for the Chancellor Street trail removed from the proposed budget. 7. Mike Lockler., resident of 913 Chancellor Street, spoke in opposition to the Chancellor Street trail and asked that it be removed from the proposed budget and that the funds be used for other recreational purposes. Tom Stenheice, resident of 904 Chancellor Street urged the Council to search their hearts and pointed out that they have found a viable alternative for the Chancellor Street trail. Cheryl Driscoll, resident of Woodlea Manor, spoke in support of the expansion of the Ida Lee Recreation Center. Bill Zawacki, resident of 129 Chesterfield Place, spoke of concerns for using the surplus from the General Fund to support this budget. He spoke of seeing funding going back to Economic Development for writing grants. 11. Brian Kelley resident, spoke of seeing the surplus money going back to the people who have been paying taxes. There were no other speakers. Mayor Clem announced that a budget workshop will be held next Thursday evening, May 4th, at 7:00 p.m. at the pubic safety center. Tax Rate FY2001 - Real Property Taxes Mayor Clem called this public hearing to order. Paul York explained the need for this public hearing is not because the tax rate has been increased, but the State Code requires an advertisement of a tax increase if assessments have increased over six percent over the past year and that is the case for this year's assessments. There were no petitioners for this hearing. Mayor Clem again announced the Budget Workshop meeting scheduled for May 4th at 7:00 p.m. to be held at the Public Safety Center. There was a brief recess to clear the room. Back in session at 9:02 p.m. G. Councilmember Comments: B. J. Webb mentioned that the elementary school site is not in the CIP. She spoke of the busy weekend for Leesburg with the Flower and Garden Show, Christmas in April and the Loudoun Environmental Indicator Project Steering Committee meeting. Mr. Zoldos reminded everyone of the Flower and Garden Festival and advised that there are no fees proposed for the August Court Days founders. Mr. Jackson had no comment. Ms. Umstattd read into the record the attached letter from Rosa Ranieri. Hr. Atwell spoke of good news, reporting on Mr. Phil Bolen's recovery from recent bypass surgery. He also advised that the Mighty Midget Kitchen will be open and serving food and asked everyone to stop by. Mr. McDonald noted that the resurfacing for Pershing and Wilson Avenues has been moved up. He also stated he believes the Town is in a position to give a tax break this year. Leesburg Town Council Minutes for 4/25/00 Page #4 Mayor's Comments Mayor Clem reported that Cupid and Kate will be airing on May 7th at 9:00 p.m. on CBS. He spoke of the United States Post Office proposed site at Fieldstone. He announced that the Greenway will be building third lanes on the southern portion of that roadway. Mayor Clem mentioned that with regard to acquiring an elementary school site in the northeast quadrant, there should be negotiations beginning in the near future. Vice Mayor Webb asked to be recognized to announce the recent death of Dr. Robert Remuzzi. She extended deepest sympathy to his family. The clerk was directed to prepare a resolution of respect for the family. Hanager's Report Mr. Noe announced that News Channel 8 will be Leesburg on Wednesday, May 3. 3. Legislation: ORDINANCES The first ordinance proposed was to grant a franchise agreement to Metricom. Councilmember Zoldos moved to have this ordinance sent back to committee to allow time for the Information Technology Commission to evaluate this request and make a recommendation regarding this matter. This motion was seconded by Vice Mayor Webb and approved unanimously. This ordinance will be considered at the May 9, 2000 meeting of the Council There was considerable discussion regarding taking action on the application for a cay care facility at the Holy Trinity Lutheran Church, because the Mayor stated he had two telephone calls regarding this matter and he was not able to get back to the callers and therefore he did not want to have action on this matter tonight. In response to a question, the applicant stated that a delay on action could make problems for her scheduled enrollment date because she has other paper work that is contingent upon action on this special exception. Following further discussion on the need for action tonight there was discussion of taking action at the Council's workshop session on May 4th. Mr. Phoebes stated that even this delay would be a hardship, but that she could live with it. On motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the following ordinance was proposed: 2000-0-09 AN ORDINANCE approving special exception application #SE-2000-02, Holy Trinity Lutheran Church, 605 West Market Street, To permit a day are facility The vote on this ordinance is shown below: Aye: Atwell, Umstattd, Webb, Zoldos Nay: Jackson, McDonald and Clem Motion carried 4-3. On motion of Vice Mayor Webb, seconded by Councilmember Zoldos, the following ordinance was proposed: 2000-0-10 AN ORDINANCE amending the Zoning Ordinance regarding the airport overlay district regulations Leesburg Town Council Minutes for 4/25/00 Page #5 This ordinance was approved by the following vote: Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem Nay: None Motion carried. On motion of Vice Mayor Webb, seconded by Councilmember Zoldos, the motion regarding amending the Zoning Ordinance to allow auto body shop in the T-1 Zoning District by special exception was proposed. The Council comments regarding this matter were opposition to the ordinance as proposed. Ms. Umstattd stated she is opposed to this because of the number of uses being allowed by special exception. Mr. McDonald stated he does have problems regarding this issue and cannot support the ordinance. The ordinance was then defeated by the following vote: Aye: Atwell Nay: Jackson, McDonald, Umstattd, Webb, Zoldos and Clem. CONSENT AGENDA Councilmember McDonald moved the consent agenda, seconded by Councilmember Zoldos. Councilmember Umstattd asked to have item #12 removed from the consent agenda. The Council then voted on the following consent items: 2000- 78 - A RESOLUTION: authorizing a time extension for completion of public improvements and approving a performance guarantee for Exeter Hills, Section 6A. 2000- 79- A RESOLUTION: authorizing a time extension for completion of public improvements and approving a performance guarantee for Greenway Farm, Section 10. 2000- 80 - A RESOLUTION: authorizing a time extension for completion of public improvements and approving a performance guarantee for the Kirkpatrick Property Subdivision. 2000- 81 - A RESOLUTION: authorizing a time extension for completion of public improvements and approving a performance guarantee for Stratford, Phase A, Sections I and 2, Phase B, Sections 2 and 3 and Phase B, Sections 2 and 4. 2000- 82 - A RESOLUTION: accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for ~ public improvements at Fort Evans Shopping Center, Phase I. 2000- 83 - A RESOLUTION: naming the Izaak Walton park site. 2000- 84 - A RESOLUTION: authorizing a 120-day lease extension with Loudoun Antiques Marketplace at the Tzaak Walton park site. The consent agenda was then unanimously approved by the following vote: Leesburg Town Council Minutes for 4/25/00 Page #6 Aye: Nay: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem None REGULAR AGENDA On motion of Councilmember Zoldos, seconded by Vice Mayor Webb, the following motion was proposed: 2000- 85 - A RESOLUTION: initiating a zoning ordinance amendment regarding zoning upon annexation Councilmember Umstattd stated she understands the argument for this proposed ordinance, but that she feels she has not heard enough and that she will be voting no on this resolution. Mr. McDonald stated he will be supporting this but will be taking a close look at this proposal. Mr. Zoldos asked Mr. Donnelly to briefly explain this proposed ordinance. Mr. Donnelly explained that this provides that any land that is brought into the Town through annexation or a voluntary boundary line adjustment would automatically be zoned R-E, effective upon the effective date of the annexation or boundary line adjustment, and then the owner of the land or the Town could apply for another zoning category. He stated that many localities have similar ordinances on the books. The resolution was then adopted by the following vote: Aye: Atwell, Jackson, McDonald, Webb, Zoldos and Clem Nay: Umstattd Motion carried 6-1 On motion of Councilmember McDonald, seconded by Vice Mayor Webb, the following resolution was proposed: 2000- 86 - A RESOLUTION: awarding a construction contract for South King Street Improvements project to Rustler Construction Inc. in the amount of $972,849. Director of Engineering and Public Works Tom Mason was asked to review this contract and the services provided. The Council members were concerned that there would be access for the residents of the area and that there would be ample notification given to both residents and businesses in the area regarding the traffic problems during this 180-day period. They were also assured that there is to be access to Monroe Street at all times. This motion was then unanimously approved. On motion of Vice Mayor Webb, seconded by Councilmember McDonald, the following resolution was proposed: 2000- 87 - A RESOLUTION: authorizing a boundary line agreement with Joel William Roberson and Rose Marie Bell Roberson with respect to the property at 9 and 11 West Market Street. Leesburg Town Council Minutes for 4/25/00 Page #7 Mr. Mason was also asked to explain the rationale for this action. He explained that it is not uncommon to have discrepancies with deeds, especially in older properties such as this and as long as both parties agree to the compromise this is the easiest way to resolve the problems. The resolution was then approved unanimously, Chair voting. K. NEW BUSINESS On motion of Vice Mayor Webb, seconded by Councilmember Umstattd the Council considered the resolution to consider fee waivers for M.A.D.D., Christmas in April and Megan's Walk. Mayor Clem stated he will be voting against this action because he feels it is setting a bad precedent and also stated he will be writing the check for the fees for Megan's Walk. Councilmember Jackson stated he will be abstaining from the vote because of a possible conflict of interest, Councilmember Atwell stated he feels that some of this is just good stewardship and some of the organizations will benefit the citizens of the Town. Vice Mayor Webb reiterated the need to look at the sign ordinance and look at how they are being applied and the need for fairness. Mayor Clem said he has asked the Town Attorney to look at the overall requests for fee waivers. Councilmember McDonald had concerns regarding setting a precedent and opening other doors. Councilmember Zoldos acknowledged that all of the organizations do a good job, however he feels we should not be waiving the fees, and if there are other considerations they should be considered during the budget process under the non-departmental expenses. The motion to waive $745 for M.A.D.D. ($500) and Christmas ($245) in April was defeated by a tie vote as shown below: Aye: Atwell, Umstattd and Webb Nay: McDonald, Zoldos and Clem Abstain: 3ackson Vice Mayor Webb stated she will be writing the check for the fees for Christmas in April. The next item on the agenda was consideration of appeal of an administrative decision regarding Mr. Saeidi and participation for the Flower and Garden Show. Mr. Noe reported that he was visited by Mr. Saeidi and that they have not been able to reach an agreement regarding this matter. Mr. Holbert, Operations Manager for Mr. Saeidi was present and told of the problems. He submitted a letter signed by all of the restaurants on King Street. He spoke of the matter of the concessions being bid out and award to an out of State vendor. He also spoke of the problems of the access to the businesses being a problem and alluded to a problem regarding the attitude for this event and how insulting it is for them not to be able to participate. He stated that what they really want is action to instruct parks and recreation on how this event should be handled. Councilmember McDonald spoke of his participation during the early days of this event and stated that it was promoted for helping the downtown. That was the purpose for having the show. Ms. Umstattd stated her concurrence with Mr. McDonald's statements, that the purpose of this event is to bring people to the downtown. Mr. McDonald asked why this affair is not a function of Economic Development. Vice Mayor Webb spoke of a need for policies regarding street closings. There was much discussion regarding this event and the problems of access to the businesses and why the service organizations were not asked to participate for concession stands. On motion of Councilmember Umstattd, seconded by Vice Mayor Webb, the following resolution was proposed: Leesburg Town Council Minutes for 4/25/00 Page #8 2000-88 - A RE$OLUT:~ON approving the appeal of Mr. Saeidi regarding the Flower and Garden Show and directing staff to report back to Council Councilmember Zoldos confirmed that there is space for Mr. Saeidi to have a booth without wrecking the event. Ms. Kimball confirmed that there is space available for this booth. The resolution was then approved unanimously. Aye: Attwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem Nay: None Mayor Clem asked staff to come forward with a policy for these problems in the future and Council will then make the decision. Councilmember Atwell commented that this is further proof of a need for policy on these matters. Councilmember McDonald announced that he would contribute $100 towards the fee waiver request for M.A.D.D. The meeting adjourned at 10:55 p.m. ~mes E. Clem, Mayor ~:l~r:k of C~ur~cil