HomeMy Public PortalAbout2002_04_09COUNCIL MEETING April 9, 2002
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding.
Councilmembers Present: George Atwell, Mervin .lackson, 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 Finance Paul York, Human Resources Director Dona Wolf,
Management/Budget Officer Mike Freda, Chief of Comprehensive Planning Randy
Hodgson, Purchasing Officer Kathy Elgin, Assistant to the Town Manager Nicole Ard,
Management Intern Larry DiRe, and Clerk of Council .ludy Ahalt.
AGENDA ITEMS
A. Invocation by Mayor Webb.
B. Salute to the Flag was led by Councilmember Zoldos.
C. Roll (:;all showing Councilmember McDonald absent.
D. Minutes:
On a motion by Councilmember Schmidt, seconded by Councilmember
.lackson, the minutes of the March 25, 2002 Work Session and March 26, 2002
Regular Session were approved as presented.
Presentations:
a. Arbor Day- Proclamation
~loan Rokus of the Loudoun County Arbor Day Association was present
to accept this proclamation.
PIlOt E4MA I'IOA/
ARBOR DAY FOR THE TOWN OF LEESBURG
APRIL 1 $, 2002
WHEREAS~ in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a day be set aside for the planting of trees; and
WHEREAS, this special day, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska; and
WHEREAS, trees can reduce the erosion of topsoil, moderate temperature,
reduce heating and cooling costs, clean the air, and produce oxygen; and
WHEREAS, trees in our town increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS~ the Town of Leesburg has been recognized as a Tree City USA by
the National Arbor Day Foundation for thirteen consecutive years and desires to
continue its tree planting ways,
Town Council Minutes for April 9, 2002 Page 2
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim April 13th as the official Arbor Day of the Town of Leesburg for 2002.
PROCLAZI~IED this 9th day of April 2002.
b. Earth Day- Proclamation
Scott McDonald and Sandy Kane, of the Environmental
Commission, were present to accept this proclamation.
Advisory
PIIOC, L/IJ'M TIO /
EAR TH DA Y
APRIL 22, 2002
WHEREA$~ then U.S. Senator Gaylord Nelson proposed the first Earth Day
which took place on April 22, 1970, in which 20 million Americans took to the streets
to demonstrate for a healthy sustainable environment; and
WHEREAS, the :[970 celebration of Earth Day kindled the bi-partisan support
which lead to the creation of the Environmental Protection Agency and the passage of
the Clean Air, Clean Water and Endangered Species Acts; and
WHEREAS, Senator Gaylord Nelson was later awarded the Presidential Medal
of Freedom for his role as Earth Day founder; and
WHEREAS, for Earth Day 2000, organizers used the internet to help link
activists around the world, joining 5,000 environmental groups and reaching hundreds
of millions of people in a record :[84 countries; and
WHEREAS, Virginia is home to many organizations who tirelessly work for
environmental preservation and conservation; and
WHEREA$~ numerous Earth Day celebrations will take place in our area
including the Earth Day Festival at Franklin Park, hosted by Loudoun County, and the
Annual Anacostia Watershed Society Earth Day Clean-up in Washington D.C.; and
WHEREAS~ education is the best way to combat the environmental issues
facing us today,
THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia
hereby proclaim April 22nd of the Year 2002 as Earth Day in the Town of Leesburg and
urge the citizens of Leesburg to support local environmental organizations and do their
part to ensure a cleaner, healthier and diverse world for the generations to come,
PROCLATMED this 9thday of April 2002.
c. B. Calloway 3ones TTT -- Resolution of Respect
Ann ,1ones, wife of Calloway .1ones, was present to accept this
Resolution of Respect.
Town Council Minutes for April 9, 2002 Page 3
Resolution
B. Calloway Jones, III
WHEREAS~ B. Calloway ]ones, III was a resident of Leesburg for many
years; and
WHEREAS~ Mr. ]ones was a noted artist and architect who served on the
Leesburg Board of Architectural Review for 13 years, serving as Chairman from
1989-1994; and
WHEREAS, Mr. ]ones volunteered with Leesburg First Night for 14 years and
was also active with the Bluemont Concert Series; and
WHEREAS~ Mr. ]ones suffered an untimely death on March 11, 2002, at the
age of 56.
THERFORE, RESOLVED the Mayor and members of the Council of the Town
of Leesburg in Virginia extend their sympathy to the ]ones family and their
appreciation for his dedicated service to 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 the ]ones family.
PASSED this 9th day of April 2002.
Petitioners
Ann Marie Davis, 141 Oakview Drive, spoke in opposition of SE-2001-08,
Leesburg Station Car Wash.
Shemodi (inaudible), 143 Oakview Drive, spoke in opposition of SE-2001-08,
Leesburg Station Car Wash.
Peter Vanderloo., 145 Oakview Drive, spoke in opposition of SE-2001-08,
Leesburg Station Car Wash.
Public Hearing
a. Proposed Real Property Tax Tncrease
Mike Freda briefly outlined the Town Manager's proposal to increase
the real property tax rate from 22 to 24 cents per $100.
He stated that the increase is needed for funding the positions
requested by the departments and for decreasing the Town's debt service.
The public hearing opened at 8:13 p.m.
There were no speakers
The public hearing closed at 8:14 p.m.
b, Proposed FY-2003 Budget
Mike Freda outlined the Town Manager's proposed budget for FY03.
He cited the recommended increase of .5% to the meals tax and 2 cent per
$100 increase to the real estate tax.
Town Council Hinutes for April 9, 2002 Page 4
He further discussed the breakdown of the General Fund and
percentages for both revenues and expenditures.
In addition, Mr. Freda stated that the Town Manager is recommending
the addition of 3! positions, a 2.5% COLA, and the continuation of merit
increases of up to 5%.
The public hearing opened at 8-' 15 p.m.
Liz Whiting, Residential Traffic Committee, expressed her support for a
requested $35,000 for traffic calming. She also discussed other traffic
calming ideas for the community.
Kevin Malone, Tuscarora Mill Restaurant, expressed his opposition to
the proposed meals tax increase.
Byron Bailey, 679 Burnside Terrace, expressed his opposition to the
proposed meals tax increase.
Carrie Gustavson Whitmer, Lightfoot Restaurant, expressed her
opposition to the proposed meals tax increase.
Brian DeVaux, The Mighty Hidget Kitchen, expressed his opposition to
the proposed meals tax increase.
~loshua Stack, 312 Loundsberry Court, expressed his opposition to the
proposed meals tax increase.
Scott McDonald, Environmental Advisory Commission, expressed his
support for the proposed Planning Department staffing increase.
Sandy Kane, Environmental Advisory Commission, expressed her
support for the proposed Planning Department staffing increase.
Dan Barry, Shennanigans, expressed his opposition to the proposed
meals tax increase.
Doug Adair, Restaurant Association of the Washington Metropolitan
area, expressed his opposition to the proposed meals tax increase.
Emory Dean, Ledo's Pizza, expressed his opposition to the proposed
meals tax increase.
Bill Zawacki, Planning Commission, expressed his support for the
proposed Planning Division staffing increase.
The public hearing closed at 8:55 p.m.
H. Council Comments
Councilmember Zoldos expressed his sympathy to the McDonald family.
He reminded the public of several upcoming Town events, the 14th Annual
Arbor Day Festival at Banshee Reeks Park, the groundbreaking at Freedom Park and
the Leesburg Flower and Garden Show.
Town Council Minutes for April 9, 2002
Paqe 5
In addition, Councilmember Zoldos expressed his gratitude to the Tree
Commission for their efforts for Arbor Day.
Councilmember Atwell had no comment.
Councilmember Jackson expressed his sympathy to the McDonald family and
spoke of two Town employees who were called to military duty.
Vice-Mayor Umstattd expressed her sympathy to the McDonald family.
She thanked the speakers for the public hearing and the petitioners, and
further thanked the restaurant owners for their testimonies. She then stated that
she would not support the meals tax increase.
Vice-Mayor Umstattd also expressed her support of the April 5th letter drafted
by the Town Manager to the County Administrator, which asked that the
transportation projects be added to the County bond referendum. She further stated
that she would be asking for a vote of support for the letter under new business.
Councilmember Schmidt expressed his sympathy to the McDonald family.
He also thanked the citizens who spoke about the meals tax and stated that
he will not be supporting that increase. He further stated that he could also not
support a decrease in the real estate tax.
Mayor's Comments
Mayor Webb expressed her sympathy to the McDonald family.
She expressed her delight with the Vice-Mayor's proposed motion regarding
the County bond referendum.
Further, she thanked the restaurant owners who spoke during the public
hearing and stated that the meals tax can make a significant difference in the cost of
a meal.
14anager's Report
Bob Noe informed Council of the County/Town staff meeting, which had taken
place, and stated that the county is seeking transportation funds through the state.
He asked Phil Rodenberg to speak in further detail.
Mr. Rodenberg outlined the discussion at the meeting and stated that the
Governor is seeking to bring the bond referendum back to the General Assembly. He
further stated that the County supports the Rt. 7/15 widening project and the Sycolin
Road fly over.
Mayor Webb verified that this also includes Battlefield Parkway.
Mr. Noe further stated that he will be ready to make an announcement
regarding the Planning Director in a couple of days and that the hiring of an
Economic Development Director is coming along.
Councilmember Atwell stated that it has taken too long to hire a Planning
Director.
Town Council Minutes for April 9, 2002
K. Le§i$1ation:
Page 6
ORDINANCES J
None
CONSENT AGENDA J
On a motion by Councilmember Jackson, seconded by Councilmember Zoldos,
the following consent agenda was proposed:
2002-43
RE$OLUT]:ON
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Potomac Station, Section 1D
and :IE.
2002-44
RE$OLUT]:ON
Authorizing time extensions for completion of public improvements and approving
performance guarantees for Tavistock Farms, Sections 9, 10, :1:1 & :12, :13, :19 & 20,
2:1, :14 and 18.
2002-45
RE$OLUT]:ON
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Leesburg Plaza Office Building.
2002-46
RE$OLIJTI:ON
Requesting Virginia Department of Transportation (VDOT) funding for highway
projects within the Town of Leesburg in the Virginia Transportation Development Plan
for Fiscal Years 2002-2003 through 2007-2008.
2002-47
RE$OLUT]:ON
Authorizing use of the Town Council Chamber by the League of Women Voters.
2002-48
RESOLUTTON
Declaring certain vehicles and equipment as surplus property.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Vice-Mayor Umstattd, Zoldos and
Mayor Webb
Nay: None
Vote: 6-0-1 (McDonald Absent)
REGULAR AGENDA
On a motion by Councilmember .lackson, seconded by Councilmember Zoldos,
the following motion was proposed:
2002-49
RESOLUTI:ON
Awarding the Fairview Street Improvements Project construction contract to Tessa
Construction & Technology, LLC for a bid amount of $650,43:1.
Town Council Minutes for April 9, 2002
The motion was adopted by the following vote:
Aye: Atwell, .lackson, McDonald, Vice-Mayor Umstattd, Zoldos and
Mayor Webb
Nay: None
Vote: 6-0-1 (McDonald Absent)
On a motion by Councilmember Zoldos, seconded by Councilmember
Schmidt, the following motion was proposed:
Page ?
2002-50
RESOLUTION
Approving Special Exception SE-2001-08, Leesburg Station Auto Wash.
Councilmember $chmidt verified with Randy Hodgson and Linda Kemp, the
applicant that notification had been sent out to all abutting residents before both
public hearings on this item.
Vice-Mayor Umstattd asked if the applicant would have a problem with the
Sunday hours of operation being limited to 9 a.m. to 7 p.m.
Ms. Kemp verified the applicant concurred.
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt,
an amendment to change the hours of operation on Sunday to 9 a.m. - 7 p.m. was
proposed:
Mr. Atwell stated that he could not support the amended motion if other car
washes are not required to limit Sunday hours.
The motion to amend was adopted by the following vote:
Aye: Jackson, Schmidt, Vice-Mayor Umstattd and Mayor Webb
Nay: Atwell and Zoldos
Vote: 4-2-1 (McDonald Absent)
The original motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: none
Vote: 6-0-1 (McDonald Absent)
On a motion by Councilmember Schmidt, seconded by Councilmember
McDonald, the following motion was proposed:
2002-51
RESOLUTION
Tnitiating amendments to the Leesburg Zoning Ordinance to permit medical offices
and veterinary hospitals as by right uses in the O-1 District.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: none
Vote: 6-0-:~ (McDonald Absent)
Town Council Minutes for April 9, 2002
L, Boards and Commissions
Paqe 8
I~1. New Business
Vice-Mayor Umstattd made a motion, seconded by Mayor Webb, to endorse
the Town Manager's letter of April 5th to the County Administrator requesting certain
projects be added to the County Bond Referendum.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, Schmidt, Vice-Mayor Umstattd, Zoldos and
Mayor Webb
Nay: None
Vote: 6-0-! (McDonald Absent)
The meeting adjourned at 9:25 p.m.
B. ]. V/ebb, Mayor
Town (of Leesbu rg
ATTEST:
Ferk of Council