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HomeMy Public PortalAbout2000_05_09COUNCIL MEETING May 9, 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 and Mayor Clem. Councilmember Zoldos was not present for this meeting. Staff Members Present: Robert S. Noe, Town Manager, William E. Donnelly, Town Attorney, Deputy Town Attorney Phil Rodenberg, 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, Chief of Comprehensive Planning Jerry Mucci, Planner Stacey Rothfuss, Planner Kristie Lalire, Director of Parks and Recreation Kaj Dentler, Library Director Jane Sullivan, Public Information Officer Susan Farmer, and Acting Clerk of Council Mary Mack. AGENDA ITEMS A. l:nvocation was led by Councilmember McDonald B. Salute to the Flag was led by Councilmember Atwell. C. Roll Call showing Councilmember Zoldos not present for this meeting. D. Minutes: On motion of Councilmember Jackson, seconded by Councilmember McDonald, the following minutes were unanimously approved as corrected for typographical errors: a. Work Session - April 24, 2000 b. Regular Session - April 25, 2000 c. Special Meeting of April 3, 2000 d. Special meeting of April 17, 2000 E. Resolution of Respect Robert Remuzzi, M.D. On motion of Vice Mayor Webb, seconded by Councilmember McDonald the following resolution of respect was unanimously adopted: [IE$OLUI'IOA/ OF llESPEC, I' ROBERT REMUZZI, M.D. WHEREAS, Robert Remuzzi died Thursday, April 20, 2000, at the age of 60; and WHEREAS, Dr. Remuzzi was one of the first orthopedic surgeons to establish a practice in Loudoun County twenty-five years ago, and WHEREAS, he was instrumental in building a foundation for the emergency medical services in Loudoun County; and WHEREAS, Dr, Remuzzi served as chief of staff at Loudoun Hospital Center from 1977 to 1978, on the board of directors from 1978 to 1986, and chief of surgery in 1986, 1990 and 1991: THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Dr. Remuzzi's family and to all who knew him; and Leesburg Town Council Minutes for 5/9/00 Page #2 BE TT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his family. F. Proclamation for Historic Preservation Week A PITOC, L4M,4TIOA/ HIS TORIC PRESER VA TIOA/ WEEK MAY 14-20,2000 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the richness of Virginia's history is unparalleled across this vast nation; and historic buildings and places connect us with that history, providing unique character to Virginia's communities that enhances quality of life, economic development, education, and tourism; and because it helps instill a sense of community, historic preservation is relevant for Leesburg citizens of all ages, all walks of life and all ethnic backgrounds; and it is important to celebrate the role of.history in our lives and the contributions made by dedicated individuals who preserve the tangible aspects of the heritage that shapes us as citizens of Leesburg and Virginians; and "Taking America's Past into the Future" is the theme for National Preservation Week 2000, cosponsored by the Town of Leesburg, the Commonwealth of Virginia and the National Trust for Historic Preservation: NOW, THEREFORE BE ZT RESOLVED: that the Mayor and Council of the Town of Leesburg in Virginia do proclaim I~ay Z4-20t 2000, as Historic Preservation Weekt and call upon the people of the Town of Leesburg to join their fellow citizens across the state in recognizing and participating in this special observance. Presentation of Architectural and Preservation Awards (B.A.R.) Seven architectural and preservation awards in recognition of recent rehabilitation and construction awards were made: The Lightfoot restaurant for adaptive re-use and architectural excellence; The Ordinary, Dehart, :[nc. for rehabilitation and architectural excellence; Carradoc Hall for rehabilitation incorporating excellence in preservation and compatible new construction; Food Lion, inc. for establishing benchmark for new construction along a commercial corridor; Paul Reimers, PR Construction for special achievement in compatible new construction in the Old and Historic District; Mr. and Mrs. Roberts, Peter Burnett, the Leesburg Police Department and Christmas in April for special achievement for preservation of a log residence at 230 Loudoun Street, S.W.; and Friends of the Stone House and Loudoun County for special achievement for the preservation of the Stone House on East Market Street. in addition, Patricia Devine received a special award in recognition for 13 years of service on the Leesburg Board of Architectural Review. Petitioners a. Kelly Gower and Pam Stewart were present to thank everyone for their support for Megan's Walk for Cystic Fibrosis and to remind everyone that the walk is scheduled for May 20, 2000. b. Hark Herring and Sally Kurtz were present to bring news from the Board of Supervisors. Ms. Kurtz reported on the County's participation in several Transportation projects--Sycolin Road and South King Street. There was a suggestion for a South King Street Citizens task force to help coordinate that project. Leesburg Town Council Minutes for 5/9/00 Page #3 Mark Herring reported on the County's recent land acquisition for parkland and other development. There was discussion regarding the implications of this land acquisition to the Town and the airport. Mr. Herring announced that the area will be master planned and the Town will have an opportunity to participate in that public process. Mayor Clem stated his concerns regarding this land acquisition and its impact on the Town's economic growth. Ms. Umstattd stated she was thrilled for the acquisition of this parkland. Mr. Atwell stated he was glad to see both of them back again but stated that there is another supervisor who represents the land where his home is located and he would also like to see that person present. Mr. McDonald stated his appreciation for their presence at the meeting but also stated his concerns regarding future expansion of the Town's airport with regard to this recent land acquisition. Mr. Herring acknowledged everyone's comments and stated he would speak with the County Attorney's office how they can protect land acquisition and still communicate with the Town, pointing out the necessity for con- fidentiality with regard to land acquisition. Vice Mayor Webb commented that if there is a feasibility study for this land she hopes they will share it with the Town before they go to settlement. Randy Minchew asked to recognized and spoke regarding #ZM-161. He Told of his speaking with Mike Lunsford with the School Board and that indeed they do provide bus pickup on private streets, but not on short cul- de-sacs or parking lots. He stated that the HOA must provide a hold harmless agreement and easements and further stated that if the density in the area is right bus service could be provided on Hanrahan Parkway. There were no other petitioners. I. Public Hearings. #SE-2000-03 by Dale Lumber Company Mayor Clem then opened the public hearing on SE-2000-03 by Dale Lumber Company to allow outdoor storage in an 1-1 zoning district. Stacey Rothfuss presented this application to the Board, explaining that the site that is being proposed for outdoor storage is not visible from Route 7 and because of the topography is not visible from the bike path nor Kincaid Forest. Brent Clark was present for the applicant and reminded everyone that this request is only for seven years and at that time the applicant would have to reapply. He asked for the Council's approval of this application at tonight's meeting if at all possible because of time constraints for the applicant. The public hearing was closed at 8:35 p.m. J. Councilmember Comments: B. J. Webb reported on the number of emails she had received in support of the Million Mom March this coming weekend and urged community support for the project. She congratulated the Flower and Garden Festival on their success and also the Friday Night Gallery Walk, noting Ms. Whorley's showing. She also reported on a recent gas line break in Exeter Hills and the emails she received from Leesburg Town Council Minutes for 5/9/00 Page #4 residents, noting that Town staff was not informed of this problem, pointing out a need for improved communications. Mr. Jackson thanked everyone for supporting him in the recent elections and also thanked staff for their timely responses to his requests for assistance. Ms. Umstattd thanked for the Mayor for voting for the tax cut at the last budget workshop. Mr. Atwell gave his personal congratulations to Ms. Patricia Devine for her good works over the years to preservation and also congratulated all the recipients of the awards made, noting that these are assets to the quality of life in Leesburg. Mr. McDonald stated he would reserve his comments during action on the proposed budget. Mayor's Comments Mayor Clem congratulated Ms. Hart for the Blue Ridge Dinner Theatre held recently for the Rescue Squad, noting its success. He commented on a recent com- munication from a resident of Claggett Street regarding a problem with the FEMA maps for that area and a need to get the problem corrected. Mayor Clem congratulated Ms. Webb on the recent election results and wished her well. He also apologized to Mr. Herring for his earlier comments regarding the land acquisition. Vice Mayor Webb asked to be recognized and thanked Mayor Clem for his kind remarks and stated that it has been an honor to sit on the dais with him over the past years. Manager's Report Mr. Noe welcomed and introduced the new Deputy Town Manager Phil Rodenberg and also recognized Ms Judy Ahalt, announcing that she has been appointed to fill the position of Town Clerk. Mr. Noe congratulated the Department of Parks and Recreation for their recent successes: the Easter Egg Hunt and the Flower and Garden Festival. Mr. Noe recommended that the Council approve a motion to convene a special closed meeting with the Town Attorney regarding legal matters relating to Loudoun County's purchase of land near the town airport and for discussion of a possible acquisition of such land by the Town. The mayor declared a brief recess before proceeding with the remainder of the meeting. M. Legislation: ORDINANCES Vice Mayor Webb moved the substitute ordinance. This motion was seconded by Councilmember Umstattd but with amended language to condition #9 to add the following "and such hazardous materials shall be restricted to those necessary and usual under any by right uses in the I-Z zoning district. Ms. Webb accepted the amendment. Ms. Webb stated she will be supporting this application. Mr. Atwell stated he will support this application only because of the location of the proposed use. Mr. McDonald stated his concerns for protecting the Route 7 corridor, but he feels that the seven year limit covers Leesburg Town Council Minutes for 5/9/00 Page #5 his concerns for the area. Mayor Clem stated he too will be supporting this application because of the topography of the lot in question. 2000-0-11 AN ORDINANCE approving #SE-2000-03 by Dale Lumber Company, Cardinal Industrial Park, Lot P4, to allow outdoor storage The vote on this ordinance is shown below: Aye: Atwell, Jackson, McDonald, Umstattd, Webb and Clem Nay: None Absent: Zoldos Motion carried 6-0. On motion of Vice Mayor Webb, seconded by Councilmember McDonald the following ordinance was proposed: 2000-O-10 AN ORDINANCE granting to Metricom, inc. a non-exclusive franchise to use the streets, alleys, rights-of-way and public places for operating a wireless data communication system and service Town Attorney William Donnelly asked to be recognized and clarified that this is a public meeting to consider adoption of an ordinance to grant a franchise for wireless communication services in the Town, asking whether there is anyone present who has a bid to present other than Metricom, and if there is none, than we can proceed with the vote on the ordinance. Mayor Clem agreed to adopt Mr. Donnelly's remarks as his own for purposes of meeting the requirements for granting a franchise. Councilmember Umstattd confirmed that adequate notice was given to any competitors in the community? Mr. Donnelly confirmed that proper notice as provided in the State Code was given and also noted that this matter has been discussed during other public meetings. This ordinance was approved by the following vote: Aye: Atwell, Jackson, McDonald, Umstattd, Webb and Clem Nay: None Absent: Zoldos Motion carried 6-0. On motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the following ordinance was proposed: 2000-O-14 AN ORDINANCE approving #ZM-161 Ryland at Stratford, Concept Plan and proffer amendment In discussion, Ms. Webb stated she will be supporting this application, specifically because of the reduction in the number of townhouse units. She stated she is aware of the concerns regarding private streets and stated a need to amend our code. Council- ember McDonald stated that he also will be supporting this application for the same reasons. Mr. McDonald confirmed that proffers do contain language that prior to accepting contracts for sale the applicant shall ensure that the prospective purchaser executes a disclosure form acknowledging that the dwelling units are served by private common parking courts and not by public streets. Councilmember Jackson stated he also will be supporting this because of the reduction in number of units. Councilmember Atwell stated he too will be supporting this application despite the private roads, because of the density reduction, striving to stay within the guidelines of the Town Plan. Councilmember Umstattd confirmed that the recreation center location has been defined and stated she Leesburg Town Council Minutes for 5/9/00 Page #6 will be supporting this application because of the reduction in density, and because the citizen concerns regarding the location of the recreation center has been met and also, she is impressed with the design elements presented, noting it has possibilities for being a desirable neighborhood. Mayor Clem stated his concerns for full disclosure for second and third-hand home sales but agreed there are no guarantees. He urged staff to inform applicants that we do not favor private streets. Planner Stacey Rothfuss came forward and again pointed out the inconsistencies between the proffers and the Concept Plan stating the problems this could present to the zoning administrator in the future determining which prevails, the proffers or the concept plan. Ms. Stacey stated that the text needs to be revised to assure consistency. Attorney Randy Minchew came forward and agreed that he would provide a letter of clarification regarding this matter. Mr. Donnelly stated that a letter of clarification would be acceptable for the record. Mr. Minchew stated that a letter will be filed tomorrow clarifying the matter. The ordinance was then approved as shown below: Aye: Atwell, Jackson, McDonald, Umstattd, Webb and Clem Nay: None Absent: Zoldos Motion carried 6-0. I CONSENT AGENDA Councilmember Umstattd moved the consent agenda, seconded by Vice Mayor Webb. Those resolutions are shown below: 2000- 89- A RESOLUTION: authorizing a preservation easement on the Thomas Balch Library 2000- 90 - A RESOLUTION: authorizing a time extension for completion of public im- provements and approving a performance guarantee for Sycamore Hill, Phase I, Sections 2 and 3, Phase IT, Sections Z and 2 and the Recreation Center 2000- 91 - A RESOLUTION: authorizing a joint public hearing for rezoning Twin Lakes site for a public elementary school The consent agenda was then unanimously approved by the following vote: Aye: Nay: Absent: Atwell, Jackson, McDonald, Umstattd, Webb and Clem None Zoldos REGULAR AGENDA On motion of Vice Mayor Webb, seconded by Councilmember Jackson, the following motion was proposed: 2000- 92 - A RESOLUTION: awarding a contract to Dewberry and Davis in the amount of $170,000 for landscape architectural design and engineering services for development of the Route 621 park site Leesburg Town Council Minutes for 5/9/00 Page #7 Aye: Atwell, Jackson, McDonald, Umstattd, Webb and Clem Nay: None Absent: Zoldos Motion carried 6-0 On motion of Vice Mayor Webb, seconded by Councilember Umstattd, the following resolution was proposed: 2000- 93 - A RESOLUTION: considering a fee waiver of pro rata fees Vice Mayor Webb stated she felt that this fee waiver was warranted due an oversight at the time permits were issued for this construction. Mayor Clem stated that the amount of the waiver is $462.00. This motion was then unanimously approved. Councilmember Umstattd asked Mr. Donnelly for clarification how to proceed with a motion to remove the Chancellor Street trail from the CIP? Mr. Donnelly suggested that adoption of the CTP be moved forward and that the motion be made in conjunction with that discussion. On motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the following resolution was proposed: 2000- 94 - A RESOLUTION: adopting the fiscal year's 2001-2005 Capital Improvements Program Councilmember Umstattd moved to amend the CIP motion to remove the Chancellor Street Trail, CIP Item #11 from the CIP, which would impact the next fiscal year by a reduction of $150,000 and following year by $450,000. This motion was seconded by Councilmember Jackson. Ms. Umstattd stated that this amendment is with due deference to Councilmember Zoldos who did forward an email hoping for support for the trail, stating he believes it is the right thing to do but stating she happens to disagree, commenting she wanted to make certain his views were on the record. Councilmember McDonald appreciated Ms. Umstattd's efforts, stating he has said he would not support the Chancellor Street trail, however, he would support opening Chancellor Street for an alternative access to Country Club Drive. The vote on the amendment is shown bellows: Aye: Jackson, McDonald, Umstattd and Clem Nay: Atwell and Webb. The amendment passed 4-2. Councilmember McDonald then moved the Chancellor Street Trail as a project from Parks and Recreation to the Public Works Department for emergency access into Country Club Drive. Second for point of discussion by Vice Mayor Webb. Mr. Donnelly stated that project cannot be shifted, but a new project could be added. There was further discussion regarding needed information on this matter. Vice Mayor Webb asked if this matter could be tabled, move the CIP forward and ask staff to bring back a report to us with more details. Mr. Donnelly stated a motion to table can always be made. On motion of Councilmember Atwell, seconded by Vice Mayor Webb, the motion regarding access to Chancellor Street was tabled until mid-year review of the budget. The vote on the motion to table is shown below: Leesburg Town Council Minutes for 5/9/00 Page #8 Aye: Atwell, Jackson, Umstattd, Webb Nay: McDonald and Clem Motion tabled. Councilmember McDonald mentioned that the projects for storm drainage on Pershing and Wilson are in this CTP and he certainly supports these much needed improvements. Councilmember Atwell stated concerns for pursuing with diligence all capital projects during the next fiscal year including those that have been rolled over from one year to another. Mayor Clem noted the difficulty in being able to bid out projects because of the state of the economy. Vice Mayor Webb mentioned that there have been a number of projects that have had to be delayed and some other projects that are coming on line and she stated a news letter or available information in some manner is needed to keep the citizens up to date on the projects. The vote on adopting the CTP as amended is shown below: Aye: Atwell, Jackson, McDonald, Umstattd, Webb and Clem Nay: None Absent: Zoldos Motion carried 6-0. Mr. Donnelly asked to be recognized to remind the Mayor and Council of the State Code voting requirements. The budget can be approved by a simple majority, but in Towns, no tax shall be imposed except by a 2/3's vote of Council members. A vote of five members is needed to adopt the tax rate. Mayor Clem advised that the Northeast Coalition has been contacted and they cannot handle any more than they have planned, so that money will go to the debt reduction fund. Mr. Atwell pointed out the labeling of the $609,000 is to be for debt reduction. Vice Mayor Webb moved the following resolution, seconded by Councilmember .lackson: 2000- 9.~ - A RESOLUTION: approving the budget, setting the tax rate and making appropriations for the fiscal year ending June 30, 2001 Councilmember Umstattd moved an amendment to the resolution for a $0.02 tax rate reduction. This motion was seconded by Councilmember McDonald. Councilmember Atwell stated his opposition to the motion based on the fact that the current budget shows more expenditures than projected revenues and therefore the reserves are being reduced. He acknowledged that perhaps with the existing economy, the revenues will exceed projections, but at the present time he cannot vote for a revenue reduction. Vice Mayor Webb stated she cannot support this reduction. Councilmember Jackson stated he will be voting against the tax rate reduction. Mayor Clem stated he is a supporter of a tax reduction, however it was concluded that we would have a contingency fund and that we would have good mid-year projections for any need adjustments. The vote on the amendment is shown below: Aye: McDonald, Umstattd and Clem Nay: Atwell, Jackson and Webb Tie vote defeats the amendment. Leesburg Town Council Minutes for 5/9/00 Page #9 The roll call vote for adoption of the budget and setting a tax rate, reflecting the reduction of $150,000 for capital projects. Paul York clarified that the money for the project was bond money and by deleting the project from the Capital Improvements Progran there would be no impact on the General Fund, except maybe a slight amount for debt service. The budget was then approved by the following roll call vote: Aye: Nay: Absent: Atwell, Jackson, Umstattd, Webb and Clem McDonald Zoldos Motion carried 5-1. N. NEW BUSINESS On motion of Vice Mayor Webb, seconded by Councilmember Jackson the following motion was then unanimously approved: Pursuant to Sections 2.1-344(A0(7), respectively, of the Code of Virgina. I move that the Leesburg Town Council convene in a closed meeting for discussion with the Town Attorney regarding legal matters related to Loudoun County's purchase of land near the Town airport and for discussion of the possible acquisition of such land by the Town because discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the Town. The Council then adjourned to the adjacent meeting room for the closed meeting. Following the closed meeting on motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the following motion was proposed: In accordance with Section 2.1-344.1 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters 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. This motion was then unanimously approved a roll call vote as shown below: Aye: Nay: Absent: Atwell, Jackson, McDonald, Umstattd, Webb and Clem None Zoldos O. ADJOURNMENT The meeting adjourned at 10:55 p.m. Jimes E. Clem, Mayor C~ r~-of/~6uncil