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HomeMy Public PortalAbout2001_11_14COUNCIL MEETING November 14, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, Robert Zoldos, and Mayor Webb. 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 Parks and Recreation Kaj Dentler, Director of Finance Paul York, Airport Director Doug McNeeley, Director of Utilities Randy Shoemaker, Chief of Police Joe Price, Acting Director of Planning, Zoning and Development Lee Phillips, Chief of Comprehensive Planning Randy Hodgson, Assistant to the Town Manager Nicole Ard, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation: Councilmember Schmidt B. Salute to the Flag: Councilmember McDonald C. Roll Call: All present D. 14inutes: On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the minutes of the October 22, 2001 work session, October 23, 2001 regular session, October 11, 2001 UGA meeting and October 24, 2001 UGA meeting were approved as amended. Councilmember Atwell abstained from voting on the October 22nd meeting and Councilmember McDonald abstained from voting on the October ]1'jth meeting. Presentations: a. Resolution of Respect - Susan Farmer On a motion by Councilmember Jackson, seconded by Councilmember Zoldos the following Resolution of Respect was approved. Resolution of Respect Susan B. Farmer WHEREAS, Susan B, Farmer served as Cable Television Administrative Specialist in the Loudoun County Office of Public Information for over a year as well as the host of"Inside Loudoun County"; and WHEREAS, Ms. Farmer served as the Public Information Officer for the Town of Leesburg for 11 years earning numerous awards from state and national professional organizations including recent recognition by the Virginia Municipal League for the "2000 by 2000, Plant a Tree for Leesburg" program, in which she played an integral role while with the Town of Leesburg; and Town Council minutes for November 14, 200:1 Paqe 2 WHEREAS,. Ms. Farmer moved to Loudoun County in :1986 working as a staff writer for the Loudoun Times-Mirror for two years then working as a copy editor for The Connection newspaper in Reston; and WHEREAS,. Ms. Farmer served on the Leesburg-Loudoun Arbor Day Committee for more than a decade, and was a member of Phi Kappa Phi Academic Honor Society, Pi Sigma Alpha Political Science Honor Society, the City-County Communication and Marketing Association, the Foundation of the State Arboretum of Virginia, the Goose Creek Herb Guild, a former member of the Harrisburg Chapter of Daughters of the American Revolution and was honored by Who's Who of American Women; and WHEREAS,. Ms. Farmer graduated Magna cum laude with a degree in mass communications from Lycoming College in Williamsport, Pennsylvania, in :1986; and WHEREAS,. Ms. Farmer suffered an untimely death on October 23, 200:1; and THERFORE, RESOLVED the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Ms. Farmer's family and our appreciation for her dedicated service to Loudoun County and the Town of Leesburg and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to Ms. Farmer's family; and BE :I:T FURTHER RESOLVED that the Town of Leesburg will plant a tree in memory of Ms. Farmer. PASSED this 14th day of November 200:1. b. Proclamation - Adoption Awareness Month On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd, a proclamation was adopted proclaiming November as Adoption Awareness Month. Barbara Baird and Beth Hager representing the Adoption Office of Loudoun County Social Services were present to accept the proclamation. Also present was the parent of an adoptive child, Judy Kiserling. c. Proclamation - National American Tndian Heritage Month On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd, a proclamation was adopted proclaiming November as National American :Indian Heritage Month. John Rocca was present to accept the proclamation. F. Petitioners: Spencer Ault addressed Council asking that SE-200:1-04 - Rise and Shine Daycare (Khalid) - be reconsidered by Council. He added that all responding agencies and the Planning Commission saw no negative impact with the approval of this special exception. Leslie Winner, :127 Nottoway Street, addressed Council asking for reconsideration of the Khalid special exception. Town Council minutes for November 14, 2001 Paqe 3 Kristin Winner, 127 Nottoway Street, addressed Council asking for reconsideration of the Khalid special exception. Katrina Stroud, 22 Wilson Avenue, addressed Council asking for reconsideration of the Khalid special exception. Helen Dollarton, 18660 Potomac Station Drive, addressed Council asking for reconsideration of the Khalid special exception. Mike Petrarca, 132 Goldsworth Terrace, addressed Council asking for reconsideration of the Khalid special exception. Klm Gantt, 602 Duff Road, addressed Council asking for reconsideration of the Khalid special exception. Ro Nutter, P.O. Box 4095, Ashburn, addressed Council asking for additional police patrols and monitoring on Rt. 7 and the Rt. 7/15 Bypass. She discussed the frequencies of traffic accidents and her concern for pedestrian safety in the Town. Mayor Webb responded that she has the same concerns with traffic conditions in Leesburg. Marjorie O'Leary, 605 S. King Street, addressed Council asking for reconsideration of the Khalid special exception. Peter Stockton, 40332 Mt. Gilead Road, addressed Council with concerns of how the annexation process is being handled. He had issue with the lack of a public hearing for Leesburg citizens and the construction of Crosstrail Boulevard. Gem Bingol, 205 Primrose Court, addressed Council with annexation concerns. She stated the recent ad outlining Leesburg events and project status did not mention the annexation process. She asked that citizen input be considered in the process. Ann Robinson, 125 Clubhouse Drive, addressed Council asking for more information to be provided to citizens on annexation. She also asked for an open door policy on annexation deliberations. Steve Nicklin, 19582 Gleedsville Road, addressed Council in opposition to any annexation in the UGA. He stated he supports the county efforts for smart growth and the elimination of the UGA. Lisa Speet, 10 Royal Street, addressed Council asking that citizen input be considered in the annexation process. Kenneth Martin, 14 Adams Drive, addressed Council asking for reconsideration of the Khalid daycare special exception. Randall Minchew, addressed Council on behalf of the O'Connor family. Mr. Minchew read a letter from the family asking for consideration of their petition to have their property annexed into the Town. He also pointed out that their property could provide a suitable elementary school site. Town Council minutes for November 14, 2001 Paqe 4 The petitioner's section closed at 9:05 p.m. Public Hearing a. ZM-2001-02 - Tavistock Farms Randy Hodgson outlined this rezoning request by Arcadia Development Company to allow the reduction of the rear setback area in the townhouse sections of Tavistock Farms to allow for elevated decks. Mayor Webb suggested in the future these issues be resolved by the developer during the development process. The public hearing opened at 9:10 p.m. There were no speakers. The public hearing closed at 9:11 p.m. b. Bond Issue for Freedom Park Paul York outlined a public hearing on the issuance of general obligation public improvement bonds of the Town in the estimated amount of $5,000,000 to finance the cost of various parks and recreation facilities. Mr. York explained bids have been received and the lowest is for a 20- year bond at 4.02%. Councilmember Atwell verified that a 10-year bond is available at 3.8%, which would compute to an average debt service of $295,000 or I cent on the tax rate. Mr. York recommended a 20-year bond as it has less of an impact on our debt service. Councilmember $chmidt confirmed that a flagpole would be part of the construction plans for Freedom Park. Mr. York asked Council to suspend the rules and consider taking action on this issue at the end of tonight's meeting. The public hearing opened at 9:19 p.m. There were no speakers. The public hearing closed at 9:20 p.m. H. Council Comments Councilmember McDonald asked the public to keep the citizens of New York and our military troops in their prayers. He discussed an e-mail response to a citizen with reference to the proposed annexation. Town Council minutes for November 14, 2001 Paqe 5 Councilmember Zoldos expressed sympathy for the families of those people aboard the American Airlines flight that crashed in New York. Councilmembers Atwell and Jackson wished the Mayor Happy Birthday. Vice-Mayor Umstattd thanked citizens for coming out to speak on annexation issues. She said that she believes the Town should hold a public hearing and added it would not jeopardize our legal strategy. She added she would ask Council to consider scheduling a public hearing under new business. Councilmember Schmidt discussed the annexation process and suggested that more explanation be given the citizens as to how the process works. He added he believes there is a need to have discussions in a closed session and that due diligence should take place when Council has to make a decision as to whether to proceed with annexation. I~la¥or'$ Comments Mayor Webb advised Council that the Holiday Decoration Prize Patrol will be held on December :~7th and asked for any participants to advise the Clerk of Council by the end of the week. She added that Leesburg hosted a press conference for MADD for their "Tie one on for Safety" Program. She asked citizens to please have a safe holiday, The Mayor discussed her attendance at the Veterans Day events and the Excellence in Education Banquet. She discussed the issue of annexation stating it was initiated by three requests from landowners in our Urban Growth Area through the Council of Governments. She assured the citizens that the Town's decision whether to consider the requests will not be done hastily. .1. 14anager's Report Bob Noe wished everyone happy and healthy returns for the Thanksgiving Holiday season. Councilmember Atwell asked for clarification as to why two firms have been selected for the tank siting contract award. Mr, Shoemaker verified that one is for the modeling and the other for design and construction. K. Legislation [ ORDTNANCES ] There were no ordinances Town Council minutes for November 14, 2001 Page 6 CONSENT AGENDA On a motion by Councilmember Jackson, seconded by Councilmember Zoldos, the following consent motion was proposed: RESOLUTTON 2001-180 Authorizing an agreement and approving a water and sewer extension permit and approving a performance guarantee for Potomac Crossing, Section 2E. RESOLUTZON 2001-181 Authorizing an agreement and approving a water and sewer extension permit and approving a performance guarantee for River Creek, Phase V, Section 4 (Land Bay L). RESOLUTTON 2001-182 Authorizing agreements and approving a performance guarantee and a water extension permit for Stratford - Ryland Sanitary Sewer Relocation; Lake Facility; and Stormwater Management Pond. RESOLUTTON 2001-183 Accepting public improvements; releasing the performance guarantee and approving a maintenance guarantee for public improvements at Dry IVlill Townhouses, Section 1 Subdivision. RESOLUT]:ON 2001-184 Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Greenway Farm, Section :~0. RESOLUTZON 2001-185 Approving a substitute performance guarantee for Exeter Hills, Section 5B. RESOLUTI'ON 2001-186 Permitting withdrawal without prejudice of Rezoning Application, ZM-2000-07, Catoctin Square. RESOLUT]:ON 2001-187 Authorizing a purchase contract with Atlantic Machinery, ]:nc. in the amount of $~14,227.00 for an Schwarze A7000 Street Sweeper. RESOLUTTON 2001-188 Opposing increasing truck weight limits on Virginia Roads. RESOLUTZON 2001-189 Authorizing the donation of surplus property to the Citizens Support Team. Town Council minutes for November 14, 2001 Paqe ? The consent motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: RESOLUTION 2001-190 Awarding a contract for construction of the Cardinal Park Drive Sewer and Phase T! Sanitary Sewer System !mprovements. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None VoLe: 7-0 On a motion by Councilmember Jackson, seconded by Councilmember Zoldos, the following motion was proposed: RESOLUTZON 2001-191 Authorizing the issuance and sale of $5,000,000 in General Obligation bonds. Councilmember Atwell stated he could not support this motion since the issuance of this bond would require a tax increase and the uncertainty of budget conditions. The motion was adopted on a roll call vote by the following vote: Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: Atwell Vote: 6-1 L. Boards and Commissions On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd, the following motion was proposed: RESOLUT]:ON 2001-192 Making an appointment to the Board of Architectural Review - John Nuzum The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 Town Council minutes for November 14, 2001 Paqe $ On a motion by Councilmember .1ackson, seconded by Vice-Mayor Umstattd, the following motion was proposed: RESOLUTZON 2001-193 Making an appointment to the Leesburg Standing Residential Traffic Committee - Andrew .1. McClellan The motion was adopted by the following vote: Aye: Atwell, .1ackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Atwell, seconded by Vice-Mayor Umstattd, the following motion was proposed: RESOLUTION 2001-194 Making an appointment to the Tree Commission - Doug Goolsby The motion was adopted by the following vote: Aye: Atwell, .1ackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 M. New Business Olympic Torch Relay On a motion by Councilmember McDonald, seconded by Councilmember Schmidt, the following motion was proposed: RESOLUTe'ON 2001-195 Supporting the 2002 Olympic Torch Relay in Leesburg. The motion was adopted by the following vote: Aye: Atwell, .1ackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 Annexation Public Hearing Vice-Mayor Umstattd made a motion to schedule a public hearing on annexation prior to February l, 2001. Councilmember Schmidt seconded the motion. Mayor Webb made a motion to table the motion. Councilmember Zoldos seconded the motion to table. Town Council minutes for November 14, 2001 Paqe 9 The motion to table was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Zoldos and Mayor Webb Nay: Schmidt and Vice-Mayor Umstattd Vote: 5-2 Mayor Webb announced that the Northern Virginia Community Alliance has selected the Town of Leesburg to receive its annual Community Appearance Award. The award will honor our recently restored Thomas Balch Library. Closed Session to discuss leqal matters On a motion by Mayor Webb, seconded by Councilmember McDonald, the following motion was proposed: Pursuant to Sections 2.1-344(A)(7) and 15.2-2907(D), of the Code of Virginia, ! move that the Leesburg Town Council convene in a closed meeting for discussion of legal and annexation matters. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 6-1 The Town Council adjourned into a closed session at 10:15 p.m. Town Council reconvened and Mayor Webb proposed the following motion with a second from 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 vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 The meeting adjourned. B. ]. ~Vebb- Mayc~r A'I-I-EST: (~rk of Council