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HomeMy Public PortalAbout2001_04_10Council Meeting April 10, 2001 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Vice-Mayor Umstattd, Robert Zoldos and Mayor Webb. Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly, Deputy Town Manager Phil Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Michael Tompkins, Director of Utilities Randy Shoemaker, Director of Finance Paul York, Budget Officer Mike Freda, Chief of Comprehensive Planning Randy Hodgson, Chief of Current Planning Lee Phillips, Assistant to the Town Manager Nicole Ard, Budget Analyst Andrew Russell, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Schmidt. B. Salute to the Flag led by Councilmember Umstattd. C. Roll Call showing all present. D. Minutes On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the minutes of the March 26, 2001 work session were approved with Mayor Webb and Councilmember Schmidt abstaining. E. Presentations On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following Arbor Day Proclamation was adopted: PROCLAMATION ARBOR DAY APRIL 28, 2001 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a day be set aside for the planting of trees; and WHEREAS, this special day, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, trees can reduce the erosion of topsoil, moderate temperature, reduce heating and cooling costs, clean the air, and produce oxygen; and WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community; and Town Council minutes for the meeting of April 10, 2001 Page 2 WHEREAS, the Town of Leesburg has been recognized as a Tree City USA by the National Arbor Day Foundation for twelve consecutive years and desires to continue its tree planting ways. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim April 28th as the official Arbor Day of the Town of Leesburg for 2001. PASSED this 10th day of April 2001. E. Petitioners Hub Turner, 1107 Bradfield Drive, addressed Council with reference to the opening of the Bradfield Drive connection. Mr. Turner provided traffic counts for Woodlea, Meade, Country Club and Bradfield Drive. Further, Hr. Turner stated the traffic situation would be balanced with the lights installed. He also proposed traffic counts should be done 30 days prior to the opening and 30 days after the opening of Bradfield Drive. Adria Frie, 1403 Harle Place, addressed Council asking that the Chancellor Street engineering study be continued. She added a Rt. 15 trail would be unsafe. Public Hearings a. ZM-200-06 - Richlynn Rezoninq Randy Hodgson presented this rezoning application for two proffer amendments to ZM-58, Richlynn Development, inc. by the Ward Corporation. Mr. Hodgson reviewed proffer 7 and 9, which are proposed for amendment. He added the Leesburg Planning Commission has voted 6-1 to recommend approval of these amendments as outlined in the staff report. Hr. Hodgson verified that a traffic signal at Tavistock Drive and Sycolin Road is not proposed in the CIP; however, the Town Traffic Engineer is recommending that a southbound left turn lane be constructed with the widening of Sycolin Road. Councilmember Zoldos verified the 800-foot language in proffer 7 only pertains to this application. Vice-Mayor Umstattd added that at some point a traffic light would be warranted for Tavistock Drive and Sycolin Road and suggested it be added to the CTP. Dave Culbert was present representing the applicant. The public hearing opened at 7:40 p.m. There were no petitioners for this public hearing. The public hearing closed at 7:41 p.m. FY-02 Budqet Public Hearinq Hike Freda provided an overview of the proposed FY-02 Budget. Mayor Webb questioned why staff recommended 3-cent tax increase when there is a 22% total decrease in the budget. Town Council minutes for the meeting of April 10, 2001 Page 3 Mr. Freda stated that most of the general fund expenditures are going directly to serve the citizens of Leesburg. The increase in the general fund is due to the recreation center expansion, street improvements, staff increases and growth. Bob Noe stated the 22% decrease is exclusively in the capital budget. Further, he proposes 26 new positions, a debt fund reduced to 10%, 4.1 million of the operating budget to reduce debt service, and a 3-cent tax increase committed exclusively to new debt service for bonds. Vice-Mayor Umstattd asked what projects are proposed for the new debt service. Mr. Freda said that most is going to Ida Lee Recreation Center and the school site the Town is required to purchase as part of the annexation ag reement. Councilmember McDonald verified the total for expansion at Ida Lee is 9 million dollars. Councilmember Atwell verified the increase in assessments is 13% with a cumulative 22% increase in the revenue source. The public hearing opened at 8:12 p.m. Tony Fasolo addressed Council opposing a tax increase. Mr. Fasolo questioned the request for a tax increase when revenues are up. Further, police requests should be the top priority in the Town Manager's request rather than a secretarial position. He suggested reducing the layers of town government. Walter McCloud, president of the Central Loudoun Little League, addressed Council requesting support for funding of the Rt. 621 Park. He stated Leesburg has the lowest number of active sports facilities in the County. Ron Eamich, NE Coaliton, addressed Council thanking them for their support over the past year and asked for funding in the upcoming budget. Hubbard Turner addressed Council stating that additional staff is needed in the Traffic Engineering Department. He further suggested the Town look at the big projects and assign priorities because the Town has monumental infrastructure problems. Michael Lockler., 913 Chancellor Street, addressed Council asking for the deletion of funding for Chancellor Street and support of the Rt. 621 Park. Scott MacDonald addressed Council with an update on the Environmental Advisory Commission asking they be moved from the Parks and Recreation Department to the Planning Department. He also requested support of an environmental planner in the Planning Department in the FY-02 budget. Craiq Lane a resident in Kincaid Forest addressed Council in opposition to a 3% tax increase. Mr. Lane also expressed concern with private streets and Town Council minutes for the meeting of April 10, 2001 Page 4 the lack of street maintenance by the Town. He stated the County of Loudoun does not provide services to Leesburg residents for the taxes paid to them. John Elqin addressed Council on behalf of the Parks and Recreation Advisory Commission and the children of Leesburg requesting support of the Rt. 621 Park. He stated the Town has fallen dramatically behind in parks. Brian Fugere, Loudoun Youth Soccer League, addressed Council requesting support of the Rt. 621 Park. Mickey McCIoud a resident of Catoctin Circle addressed Council requesting support of the Rt. 621 Park. Gary Gargman, Central Loudoun Little League, addressed Council requesting support of the Rt. 621 park site. Jim Boswell, Loudoun Youth Soccer League, addressed Council in support of the Rt. 621 park site. George Panos addressed Council suggesting that the Town could generate additional revenues if they were to raise parking meter fees and more enforcement of vehicles failing to obtain town decals. The public hearing closed at 8:55 p.m. Mayor Webb advised that budget work sessions would begin on April 12th at 6:00 p.m. in Town Hall on the lower level. Council Comments: Vice-Mayor Umstattd advised that she would not be supporting a tax rate increase. Councilmember Schmidt asked staff to provide a status report on the South King Street improvement project. He thanked all citizens for their comments on the FY-02 budget and added he will be supporting the Rt. 621 park and Chancellor Street trail. Councilmember Schmidt advised the Loudoun County Economic Development Commission endorses the inclusion of the Western Transportation Corridor in the draft County Comprehensive Plan. Councilmember Jackson had no comments. Councilmember Atwell asked staff for an update on the South King Street improvements. He also asked for a status report on the Catoctin Circle widening and suggested a time line be created for all major CIP projects. Councilmember Zoldos also asked for an update on the S. King Street improvements. He reminded citizens of the Flower and Garden Show on April 21 and 22nd. He commented on a successful Save our Streams Program sponsored by the National Tzaak Walton League and of the Loudoun Arbor Day Celebration at Banshee Reeks Nature Preserve on April 28th. Town Council minutes for the meeting of April 10, 2001 Page 5 Councilmember McDonald stated he would not be supporting a tax rate increase. He reminded that much of the Town debt is due to the purchase of open space and a ball field site. Mayor Webb thanked the Town Manager and staff for their support during her recent illness. She reminded that two new soccer fields at Ida Lee Park have been dedicated. Further, April is Child Abuse Prevention Month and suggested citizens wear a blue ribbon in support of this cause. Mayor Webb disclosed that she had met with Goodwin House Associates who are contracting for the O'Connor property. She reported on the quarterly meeting with of the Board and Commission Chairmen stating Scott MacDonald, Cliff Vaughan, and Karen Jones have agreed to coordinate a seminar for boards and commissions. Further, the Mayor asked Council to provide their recommendations for appointments Lo boards and commissions in a timely manner so that vacancies can be filled by June 30. Mayor Webb also reported she had met with Scott York and Mark Herring and their respective attorneys with reference to the proposed power plant. Councilmember Schmidt disclosed that he had met with a development representative from the Stratford. 3. Manager's Report Bob Noe reported that a new CIP reporting form has been completed and will be used for future projects. He reported the S. King Street contractor has been authorized to return to work after completing the Board of Architectural Review process. The project should be completed by the end of May. K. Legislation CONSENT AGENDA On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following consent items were proposed: 2001-45 RESOLUTZON Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Leesburg Airpark Lot D. 2001-46 RESOLUTTON Making a reduction of the performance guarantee for public improvements installed in Potomac Station, Section 5. 2001-47 RESOLUTZON Town Council minutes for the meeting of April 10, 2001 Page 6 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for River Creek Phase VII, Section 4 "Landbay P" and River Creek Potomac Sanitary Sewer Pump Station. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 REGULAR AGENDA Mayor Webb made a motion, seconded by Councilmember Zoldos, to remove the Planning Commission seat from the membership composition of the Board of Architectural Review and have the seventh seat appointed by a member of Town Council. 2001-48 RESOLUTION Establishing the membership and voting rights of the Planning Commission seat on the Board of Architectural Review. Vice-Mayor Umstattd stated that if the BAR does not feel the need to have a representative from the Planning Commission on their boards, she would support the motion. Councilmember ]ackson abstained from discussion on this issue. Councilmember Atwell stated there should be a Planning Commission member on the BAR since there is a strong correlation with what they do. Councilmember Schmidt stated he would support a Planning Commission member on the BAR in a non-voting capacity. Bill Donnelly, Town Attorney, verified the town code is clear there should be a 7th voting member on the BAR whether it be the Planning Commission member or not. Mayor Webb added there is not a need for a Planning Commission member on the BAR since there is staff liaison, therefore, she would support removing the Planning Commission seat from the member composition of the BAR. Councilmember Zoldos stated a Planning Commission should remain on the BAR. The motion to remove the Planning Commission seat from the member composition of the BAR failed on the following vote: Aye: Mayor Webb and Vice-Mayor Umstattd Nay: McDonald, Zoldos, Atwell, Schmidt Abstain: Jackson Vote: 2-4-1 Town Council minutes for the meeting of April 10, 2001 Page 7 Councilmember Zoldos made a motion, seconded by Councilmember McDonald, to retain the Planning Commission seat on the Board of Architectural Review but only as a non-voting member, The motion was adopted by the following vote: Aye: Atwell, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Abstain: Jackson Vote: 6-0-1 It was discussed that Councilmember Atwell will be appointing the seventh voting seat on the BAR. Mayor Webb asked Vice-Mayor Umstattd to request the Planning Commission to designate a non-voting member to the Board of Architectural Review. Bill Donnelly added that a zoning ordinance amendment will be required to rescind the voting rights of the Planning Commission representative to the BAR. On a motion by Councilmember Jackson, seconded by Councilmember Zoldos the following motion was proposed: 2001-49 RE$OLUTI'ON Authorizing reimbursement in the amount of $110,998.50 to Richmond American Homes for expenses incurred in over sizing waterlines. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the following motion was proposed: 2001-50 RE$OLUTZON Endorsing the comments of Councilman George F. Atwell regarding the redistricting of Loudoun County Supervisor Election Districts Councilmember McDonald stated he agrees with Mr. Atwell's comments but has concern with 11 districts. Councilmember Zoldos stated he would support Councilmember Atwell's comments. Councilmember Jackson congratulated Councilmember Atwell and Mayor Webb for their hard work with the County in providing input with reference to redistricting. Town Council minutes for the meeting of April 10, 2001 Page 8 Vice-Mayor Umstattd advised she would be voting against this motion expressing concern with Leesburg losing a third vote on the board which would dilute the presence of Leesburg's strength. Councilmembers Schmidt and McDonald stated they would be supporting the comments of Councilmember Atwell. Mayor Webb expressed concern with the support Leesburg residents receive from their Board of Supervisor representatives. The motion was adopted by the following vote: Aye: Atwell, McDonald, Jackson, Schmidt, Zoldos and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 6-! L, Boards and Commissions M. New Business On a motion by Councilmember Schmidt, seconded by Councilmember McDonald, the following motion was proposed: 200Z-51 RESOLUTION Accelerating the Bradfield Drive connection. Bill Donnelly clarified that if Council is in agreement to only accelerating the construction of Bradfield Drive and only opening the street when 95% occupancy occurs, there is not a need to return this issue to the Planning Commission. Councilmember Zoldos suggested a friendly amendment to the proposed resolution to delete Section 2. Councilmember Zoldos offered a friendly amendment to Section 5 by adding, "the traffic signals shall be installed in the most expeditious manner in calendar year 2001". It was further discussed to encourage the expeditious installation of a traffic signal at the intersection of Rt. 15 and Woodlea Drive and the traffic signals at Meade Drive and Country Club Drive shall be installed in calendar year 2001. Councilmember Schmidt accepted the amendments to Section 5 and deletion of Section 2. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0 Councilmember Zoldos asked that staff prepare a report for the May 7th Council meeting to discuss parking garage issues. The issues to be addressed are that paid parking patrons currently occupying the basement level of the town garage Town Council minutes for the meeting of April 10, 2001 Page 9 be asked to park on the second level, thereby allowing the basement floor for visitors and a review of enforcement issues. Councilmember Zoldos made a motion requesting staff to provide a detailed, comprehensive review of all agreements with the County of Loudoun for the May 7th meeting. Councilmember Schmidt seconded the motion. There was further discussion as to what type of agreements Councilmember Zoldos was requesting. Councilmember Zoldos stated he would like a detailed, written comprehensive review of agreements pertaining to the Area Annexation Development Plan and any Urban Growth Area agreements returned to the May 7th meeting. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0 Town Attorney, Bill Donnelly, announced that the public hearing on the FY-02 Budget and the Tax Rate were two separate issues. The public hearing on the budget received comments and was closed, but comments were not specifically asked for on the tax rate. Therefore, he advised that the tax rate public hearing be re-advertised for the next council meeting on April 24th and that a vote be taken on the issue that night. Vice-Mayor Umstattd made the following motion seconded by Councilmember Zoldos: I move a legal Pursuant to Section 2.1-344(A)(7) and 2.1.344(A)(3) of the Code of Virginia, that the Leesburg Town Council convene in a closed meeting for discussion of matter and the possible acquisition of property for public purposes: The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-lVlayor Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 The meeting adjourned from regular session at 10:10 p.m. Town Council reconvened at 10:45 p.m. and Vice-Mayor Umstattd, with a second from Councilmember Zoldos, made the following motion: 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. The motion was adopted by the following vote: Town Council minutes for the meeting of April 10, 2001 Page 10 Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos, and Mayor Webb None 7-0 The meeting adjourned. B. J, ~ebb, Mayor Town of Leesburg A-I-rEST: CCrk of Council