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HomeMy Public PortalAbout2001_04_24COUNCIL MEETING April 24, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: Mervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, Robert Zoldos, and Mayor Webb. Councilmembers Absent: George Atwell Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Finance Paul York, Deputy Town Manager for Economic Development John Henry King, Personnel Director Nancy Fixx, Chief of Current Planning Lee Phillips, Chief of Comprehensive Planning Randy Hodgson, Budget Officer Mike Freda, Planner Nancy Costa, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Candace Brinkley. B. Boy Scout Troop 969 led Salute to the Flag. C. Roll Call showing George Atwell absent. D. Minutes On a motion by Councilmember Zoldos, seconded by Councilmember McDonald the minutes of the March 27, 2001 and April 9, 200:1 meeting were approved as amended. E. Presentations On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos. the following Resolution of Respect for Reginald Gheen was approved. RESOLUTION OF RESPECT REGT~NALD KENNETH GHEEN WHEREAS, Reginald Kenneth Gheen, a life-long Loudoun resident and civic leader, died on April 8, 200:[; and · WHEREAS, Reginald Kenneth Gheen served on the Leesburg Town Council from 1954 to 1957 and on the Leesburg Planning Commission from 1986 to :[990; and WHEREAS, Mr. Gheen was a past member and served as chairman of the Loudoun County Sanitation Authority; and WHEREAS, Mr. Gheen was a graduate of Lucketts High School and served in the U.S. Army's 3rd Armor Division in World War [[; and Town Council Minutes for April 24, 2001 Paqe :2 WHEREAS, Mr. Gheen was a past president of the Loudoun National Bank of Leesburg, and was a long time leader of the Boy Scouts and his dedication was recognized when he was honored with the Silver Beaver Award. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Mr. Gheen's family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect is spread upon the minutes of this meeting and that a copy be sent to his family. PASSED this 24th day of April 2001. Mayor Webb presented a Certificate of Appreciation to Boy Scout Troop 969 for their efforts in cleaning the grounds of the Tsaac Walton Park. On a motion by Councilmember Zoldos, seconded by Councilmember McDonald the following proclamation was approved. PROCLAMATTON NATZONAL DAY OF PRAYER WHEREAS, the annual National Day of Prayer is held on the first Thursday of May; and WHEREAS, on Thursday, May 3, 2001, people in towns and cities across America will be observing the 50th anniversary of 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 theme "One Nation Under God" will be highlighted by reading of scripture and historical quotes from past leaders of our nation; and WHEREAS, this year's program will be held Thursday, May 3, 2001 in the Loudoun County Board of Supervisors board chambers from noon to 1:00 p.m. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim May 3, 2001 as The National Day of Prayer and urge all town citizens to participate in this ceremony. PASSED this 24th day of April 2001. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following proclamation was approved. LaMott Smith and James Wynn were present from the Economic Development Commission to accept this proclamation. Town Council Minutes for April 24, 2001 Page 3 BUSZNESS APPRECI'ATTON WEEK 2001 WHEREAS, the Town of Leesburg is pleased to have a thriving base of business and industry to support the local economy; and WHEREAS, these businesses provide essential employment opportunities for the citizens of Leesburg; and WHEREAS, these businesses provide local revenues from which the entire local citizenry benefit; and WHEREAS, these businesses also make significant contributions in our communities to promote educational opportunities for our children and promote a variety of activities which increase the quality of life of the area; and WHEREAS, we recognize and appreciate these businesses; THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg hereby recognize our existing businesses, and by virtue of this proclamation give notice to the citizens that the businesses of Leesburg are "Setting the Prosperity Standard." BE ]:T FURTHER RESOLVED, that the week of May 13-19, 2001 is hereby proclaimed Business Appreciation Week in Leesburg. PASSED this 24th day of April 2001. F. Petitioners Fran Sborz, 306 Whitehorse Court, presented a petition in opposition a proposed bike trail to connect Tda Lee Park to the W&OD Trail. The concern is with the length from West Market Street to Foxridge Park. John Elqin, 208 Plaza Street, addressed Council on behalf of the children of Leesburg and the Parks and Recreation Advisory Commission in appreciation of their support of the Rt. 621 Park. Walter McCIoud, 915 Catoctin Circle NE, representing the Central Loudoun Little League thanked Council for their support of the Rt. 621 park. .lay Brawley, Franklin Court, addressed Council thanking them for their support of the 62:[ park funding. Gm Public Hearing This public hearing opened at 8:53 p.m. a. Special ExcePtion -SE-2001-02 - Loudoun Country Day School Mayor Webb advised she is a member of the Board of Directors for Loudoun Country Day School and would recuse from discussion on this application. Planner Nancy Costa outlined this application and the current changes. Town Council Minutes for April 24, 2001 Page 4 The changes were the removal of the gymnasium from the plan and the relocation of classroom #1 and #2 further away from adjoining residences. Also traffic circulation has been put on the plan and parking tabulations corrected. She outlined the major concerns with this application as being noise from the air-conditioning units and visual impact on adjoining residents. She further added that staff has recommended a condition to relocate the air-conditioning units to the ground and fencing. She also advised that classrooms without roof units would cause a delay in their delivery. Councilmember Jackson discussed noise concerns and suggested further landscaping. Councilmember Schmidt verified these trailers would be placed on a permanent fixture and meet BOCA code requirements. Vice-Mayor Umstattd verified the parking lot would be paved and that staff is recommending approval subject to eight conditions. Councilmember Schmidt stated he would like to review the noise ordinance and its enforcement. Ms. Costa verified that existing screening at the site meets ordinance requirements. Randy Hollister with Loudoun Country Day School addressed Council. He gave a brief overview of the history of the school and their need to have additional classrooms. He added they have followed all of the Town's requirements and the Planning Commission has recommended approval subject to certain conditions. Mr. Hollister stated moving the air-conditioning units to the ground would be a major obstacle to their development plans. He asked Council to please not delay a vote on this application as they are on a tight schedule. The public hearing opened at 8:50 p.m. Peter Chopivsky, 306 W. Market Street, addressed Council and discussed the merits of the Loudoun Country Day School programs. 3ohn French, 310 Locust Knoll Drive, addressed Council with concerns of the direct impact these trailers will have on their neighborhood. He added they were not notified of the school's plans at the Planning Commission level. Further, the proposed screening is not sufficient to protect the neighborhood. Ann Doss, 312 Locust Knoll Drive, addressed Council with noise concerns and provided photos that showed the lack of screening currently on the site. She asked that action on this application be delayed to allow more time to analyze the facts. Town Council Minutes for April 24, 2001 Paqe 5 Mitch Barney, 314 Locust Knoll Drive, addressed Council asking that noise issues be considered in this application. Melinda Kramer, 304 Locust Knoll Drive, addressed Council. She was concerned that when the school leaves the premises in 3 years the trailers will remain. Further the school has not been responsive to prior air- conditioning noise issues and the screening is inadequate. Michael Glennon, 313 Locust Knoll Drive, addressed Council stating there are too many unknowns with this application. Russ Malone, Riding Trail Court, addressed Council stating the school has been a good neighbor in the past, but he would like to see a delay until more information can be gathered. Eleanor Fall, an instructor at the school, addressed Council in support of this special exception application. Amy Warner, LCDS teacher, addressed Council in support of the special exception application. Pam Larimer, employee of LCDS, addressed Council stating the school provides a needed alternative to crowded public schools and asked for consideration of this special exception. Odqa Vess, teacher at LCDS, addressed Council in support of this application. Tim Beauchemin, 542 Breckenridge Square, addressed Council and discussed the school's relationship to the Leesburg community. Christie Adams, teacher and parent of LCD$, addressed Council and asked that their need for growth be considered. Laura Stroup, Clatterbuck Lane, addressed Council and asked that the school and community work together to resolve the issues. Delmara Bayliss-Segal, addressed Council expressing concern with the statement made that the neighbors will suffer greatly because of these additional classrooms. She reminded Council their decision would affect the future of the school and requested they not be treated differently than the public school system. Patrick Huqe', a member of the LCDS Board of Trustees, addressed Council concerning the process and lack of notification given to the surrounding property owners. He added they have met or exceeded the regulations. Mr. Huge urged Council to take action on this application as soon as possible. Kim Martino, employee of LCDS, addressed Council in support of this special exception application, She pointed out this private school saves the town citizens taxpayer money, She added the school is in compliance with Town Council Minutes for April 24, 2001 Page 6 the parking requirements and the developer of Old Waterford Knoll removed some of the screening in question. Steve Ramp, parent of LCDS student, addressed Council in support of this special exception application. He added the school would not accept a noisy building. Bill Atwill addressed Council in support of this application. He asked for reasonable government support. He stated the LCDS has adhered to the process, and if not acted upon promptly it will have considerable cost implications on the school. Victoria Fanning, Old Waterford Knoll resident, addressed Council asking for a delay on this special exception vote to allow time to determine the impact of this application on the neighborhood. She cited concerns with traffic parking in the residential neighborhood. Dinah Blackman, Old Waterford Knoll resident, addressed Council with traffic concerns. She asked that a vote be delayed to allow further review of this application. Scott Bessette, 348 Lake View Knoll, addressed Council asking for a delay of this project. He expressed concerns with the rapid nature of this project, for further exploration of this project, and its impact on the neighborhood. Meredith French, 310 Locust Knoll Drive, addressed Council stating the classrooms will not be aesthetically pleasing. She asked for consideration of a permanent structure on the site and more time to consider the issues. Mary Ann Glennon, 3:~3 Locust Knoll Drive, addressed Council in opposition to this special exception application. She cited screening issues and inadequate notification to the citizens. Frank Lamagra, 308 Locust Knoll Drive, addressed Council in opposition to this application. He referenced noise and screening and traffic concerns. Further, he asked that a vote be delayed. Jack Brown, 316 Locust Knoll Drive, addressed Council in support of the issues outlined by the other homeowners. Brad Brown, member of LCDS trustees, addressed Council in support of this application. He stated the school has followed the town requirements for these classroom trailers. Fred Schafield., parent of LCDS student, addressed Council asking for approval of this application. He added air-conditioning units should not be an issue and any delay of this project will endanger the project. Rick Ross addressed Council in support of this special exception application. Town Council Minutes for April 24, 2001 Page ? Diane Perry, 321 Lake View Way, addressed Council with concerns for screening and traffic safety. She stated there are no lights or crosswalks at the school. Further, she asked for a delayed vote on this application. Rand Kramer, 304 Locust Knoll Drive, addressed Council asking for a delay in this special exception application to allow more time to review the issues. Rick Knight, 202 Fairview Street, addressed Council asking that this special exception not be approved until the Town takes the responsibility for the road improvements on Fairview Street. .lulie Chapin, 16 Cornwall Street, addressed Council in support of this application in a timely manner. Bob Sedian, LCDS parent, addressed Council stating the school has adhered to the regulations and for support of this application. Bob Noe, Town Manager, suggested adhering to the process Council has established and consideration of this application again on May 8th' Vice-Mayor Umstattd asked for a consensus from Council on when to take action on this application. It was discussed that the community and school should meet to address the issues. Councilmember Schmidt commented that in the future citizens should be involved earlier in the land development process. Further, that consideration be given to making changes with the process. The public hearing closed at 10:30 p.m. Councilmember Zoldos made a motion, seconded by Councilmember McDonald, to delay a vote on this application until May 8th. The motion passed on the following vote: Aye: .lackson, McDonald, Zoldos, Schmidt, and Vice-Mayor Umstattd Nay: None Vote: 5-0-1-1 b. Windsor at Fieldstone Bill Donnelly stated this is a public hearing on a bond refinancing for Windsor at Fieldstone. The Suffolk Redevelopment and Housing Authority issued the bonds for the initial construction of the project. The new owner is refinancing and the bonds must be approved in the locality where the property is located. He emphasized that approval of the bonds does not constitute indebtedness to the Town in any way. Mr. Donnelly recommended a vote on this request tonight. The public hearing opened at 10:45 p.m. Town Council Minutes for April 24, 2001 Paqe $ Steve Johnson, counsel for the applicant, addressed Council. He stated they are seeking permission to issue refunding bonds in order to extend the existing bond issue as part of a Federal tax law requirement. Councilmember Zoldos verified that 20% of the units are designated as moderate-income units. The public hearing closed at 10:50 p.m. It was the consensus of Council to vote on this issue as a new business item. c. Proposed Real Property Tax Zncrease Mike Freda stated the proposed tax rate is .22 cents. The public hearing opened at 10:55 p.m. There were no speakers on this issue. The public hearing closed at 10:56 p.m. H. Councilmember Comments Councilmember McDonald had no comments. Councilmember Zoldos thanked staff for their hard work on the Flower and Garden Show. Councilmember ~lackson had no comments. Vice-Mayor Umstattd asked staff to provide a certificate of appreciation for Irene Bobich for her service on the Balch Library Commission to the next meeting. Councilmember $chmidt thanked Council for their support of the Rt. 621 Park. · r. Mayor's Comments: Mayor Webb asked staff to identify a surplus vehicle that could be made available to the Leesburg Volunteer Rescue Squad. Councilmember Zoldos made a motion, seconded by Councilmember McDonald, to direct the Town Manager to make available to the Leesburg Volunteer Rescue Squad a vehicle that has been determined to be surplus. The motion was adopted on a 6-0-! vote. Mayor Webb commented the FCC has advised the County Attorney they may be able to hold a local public hearing on the Tractebel application if so requested. Councilmember McDonald made a motion, seconded by Vice-Mayor Umstattd, to forward a letter to the Federal Communications Commission requesting a local hearing on the Tractebel application. The motion was adopted on a 6-0-! vote. Mayor Webb advised that she is asking Congressman Frank Wolf for assistance with the overcrowded post office situation. Town Council Minutes for April 24, 2001 Page 9 Mayor Webb advised there would be a brief closed session following this meeting. .1. Town Manager Comments: Bob Noe advised Council that he has appointed Doug McNeeley as Airport Director effective May 3rd. Mr. McNeeley has been airport director in Montgomery County since 1986. K. Legislation On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following motion was proposed: 2001-O-5 ORD]:NANCE Approving rezoning application - ZM-2000-06 Richlynn Proffer Amendment. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 6-0-:1 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following consent motion was proposed: 2001-52 RESOLUT]:ON Approving a substitute performance guarantee for Leesburg Airpark Lot D. 2001-53 RESOLUT?ON Accepting public improvements, releasing the performance guarantees and approving a maintenance guarantee for public improvements at the River Creek Goose Creek Pump Station. The motion was adopted by the following vote: Aye: ~lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 6-0-:1 On a motion by Councilmember Jackson, seconded by Councilmember Zoldos, the following motion was proposed: 2001-54 RESOLUT]:ON Adopting the budget, General Fund in the amount of $30,074,286, Utility fund in the amount of $:19,645,387, Airport Fund in the amount of $4,292,837, and Capital Projects Fund in the amount of $9,9:19,500, setting the tax rate, and making appropriations for the fiscal year ending June 30, 2002. Town Council Minutes for April 24, 2001 Page 10 Councilmember McDonald verified this budget would represent approximately an 181/2-cent debt service. Vice-Mayor Umstattd stated she is pleased to support a budget that holds both the real estate and property tax rate at their current levels. Councilmember Schmidt acknowledged the debt issues, but stated we are making a tremendous investment in our children. Councilmember Zoldos thanked staff for their budget preparation. Mayor Webb stated that follow-up legislation would be coming forward to deal with parking rates, fines, and senior citizens on fixed incomes. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb. Nay: None Vote: 6-0-1 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 200:[-55 RESOLUTION Awarding a street maintenance contract for milling and resurfacing to Francis O. Day Co., Inc. Mayor Webb asked if the asphalt costs have increased because of the increase of petroleum? Tom Mason stated the increase is approximately 15%. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2001-56 RESOLUTION Receiving the final draft of the Hendricks & Associates Pay and Classification Study. Mayor Webb urged staff to handle pay inequities as soon as possible. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 Town Council Minutes for April 24, 2001 Page On a motion by Vice-Mayor Umstattd, seconded by Councilmember .lackson, the following motion was proposed: 2001-57 RESOLUTTON Initiating amendments to the zoning ordinance to reference the latest FEMA floodplain maps in the F-1 and FHD Districts. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 Boards and Commissions New Business On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following motion was proposed: 2001-58 RESOLUT]:ON Recommending bond financing for Windsor at Fieldstone. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 In reference to the Loudoun Country Day School public hearing, Councilmember Zoldos requested that a staff member act as liaison to ensure that the two groups meet to reach an agreement. Mayor Webb commented that she could not discuss this issue. Vice-Mayor Umstattd added that staff could offer, however, it is not required. Mayor Webb asked that the special exception process be amended to include a public hearing at the Planning Commission level. Councilmember Zoldos suggested consideration be given to establishing a citizen's task force that would enhance the Planning Commissions ability to ensure that the public is notified. The Town Council adjourned at 11:10 p.m. on the following motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, to convene in a closed session. Pursuant to Section 2.1-344(A)(3) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for discussion of the possible Town Council Minutes for April 24, 2001 Paqe 12 acquisition of real property by the Town because discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the Town. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1(Atwell) Following the closed meeting the following motion was made by Vice-Mayor Umstattd, seconded by Councilmember McDonald. 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: Aye: .lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1(Atwell) Mayor Town of Leesburg A-I-I'EST: ~/l'e rk o~o-u ncil