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
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