HomeMy Public PortalAbout2002_06_25COUNCIL MEETING June 25, 2002
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding.
Councilmembers Present: Mervin Jackson, Leonard McDonald, Dave 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 Parks & Recreation Kaj Dentler, Director
of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Director of
Human Resources Dona Wolf, Airport Director Doug McNeely, Chief of
Comprehensive Planning Randy Hodgson, Zoning Administrator Brian Boucher,
Assistant to the Town Manager Nicole Ard, Management Interns Larry DiRe and
Adam Brown, and Assistant to the Clerk of Council Deborah Parry
AGENDA
ITEMS
A. Invocation by Rev. John Ohmer
B. Salute to the Flag was led by Councilmember Schmidt.
C. Roll Call showing Councilmember Atwell absent.
D. Minutes:
On a motion by Councilmember Jackson, seconded by Councilmember Zoldos,
the minutes of the June 10, 2002 work session and June 11, 2002 regular meeting
were approved with Councilmember McDonald abstaining on the June 10th minutes
and Councilmember Schmidt abstaining on both.
E. Presentations:
a. Recognition - Various Board & Commission Members
On behalf of the Council Mayor Webb, Councilmember Zoldos and
Councilmember Jackson presented Certificates of Recognition to Board and
Commission members whose terms expire as of June 30, 2002
b. Recognition - Councilmember McDonald
On behalf of the Council and the Town, Mayor Webb presented a
Certificate of Appreciation to Councilmember Leonard McDonald for his
dedicated service and hard work for the Town of Leesburg.
c. Recognition - Mayor Webb
On behalf of the Council and the Town, Vice-Mayor Umstattd presented a
Certificate of Appreciation to Mayor Webb for her dedicated service and hard
work for the Town of Leesburg.
Town Council Meeting Minutes for June 25, 2002 Page 2
F. Petitioners
Laurie Dunham, 137 Burnell Place, addressed Council asking that
consideration be given to amending the Zoning Ordinance to allow antennas for
wireless internet service as a home based business.
Public Hearing
a. School Boundary Line Adjustment.
Bill Donnelly stated that this is a proposed agreement between the Town
and Loudoun County to bring the site of a proposed elementary school and
middle school into the Town's municipal boundary in order to extend water
and sewer. He further stated that the property is in the O'Connor tract.
A representative of the school board stated that the elementary school is
scheduled to open in 2003 and the middle school in 2004. He further stated
that the staff was very helpful in getting this project going.
The public hearing opened at 8:40 p.m.
There were no petitioners for this public hearing
The public hearing closed at 8:41 p.m.
Mayor Webb asked that the item be added to the agenda under new
business.
b. ZM-2OO1-04~ Hawkins Property
Randy Hodgson stated the owner of the property wishes to rezone the 5
acres from [-1 to R-16 and proposes to build 36 townhouses on the property.
He further stated that staff's condition regarding acoustical treatment in
the units has been accepted by the developer, and for that reason the
Planning Commission and staff are recommending approval of this
application.
Councilmember McDonald stated that given the easement thru the Fox
Chapel development, he could understand why the residents of Fox Chapel
would rather see residential development in lieu of office space on the
property.
Vice-Mayor Umstattd asked if the purchasers will be advised of the issues
with private streets at the time of settlement and would it be beneficial to
address the issue in the proffers.
Bill Donnelly recommended a sentence be added to the Resolution stating
the application is approved per the proffers dated 3une 21, 2002.
A representative for Mike Banzhaf stated rezoning the property to
condominiums and office space had been considered, but it was determined
the R-16 zoning to allow for 36 townhomes would be better for the area.
He further stated that he had spoken with the attorney for the condo
association, Armstrong Management, and PuKe Homes to determine the cost
Town Council Meeting Minutes for June 25, 2002 Page 3
of the roads and will get a proportionate share established as to the
responsibilities of the new development's use of Fox Chapel's roads.
The public hearing opened at 8:51 p.m.
Craig S. Lane, 613 Cobbler Terrace SE, stated his objection to private
roads and the idea that people pay HOA fees for the roads in addition to Town
taxes when no town services are provided.
Raymond Ceresa, Attorney for Fox Chapel Condominiums, stated that the
residents are pleased with the suggestion of Townhomes on the Hawkins
property. He further stated the Homeowners Association documents for the
Hawkins residents should state that they will be responsible for maintenance
of the Fox Chapel roads.
The public hearing closed at 8:56 p.m.
IVlayor Webb stated that this issue will be voted on under new business.
H. Council Comments
Councilmember McDonald thanked his wife, family, friends and staff for their
support over the past four years. He stated the highlights of his term have been the
change to the Ida Lee Master Plan, the Balls Bluff Park purchase and the lease of the
Issac Walton Pond. He commended Mayor Webb and Councilmember Atwell for their
service to the town and stated his interest in serving on Council again to finish out
the Vice-Mayo'rs term.
Councilmember Zoldos stated his concerns with the traffic signal at Country
Club and Rt. 15 and thanked staff for looking into it. He thanked the School Board
representatives for attending the meeting tonight.
He further suggested that the Town look into leasing the Loudoun County
School Board Annex building for additional staff space.
Councilmember Jackson thanked Management Intern Larry DiRe, Mayor Webb
and Councilmember McDonald for their service to the town.
Vice-lVlayor Umstattd stated Councilmember Jackson had recommended
naming a town facility in honor of Mayor Webb.
She further stated that she had met with representatives of Tires Plus and
The Tire Shop regarding the upcoming public hearing.
She advised Council of her discussion with Mr. Banzhaf regarding the sign
issue with Staples.
Further, the Vice-Mayor thanked Chief Price and Officers Amato and IVlaupin
for attending the HOA meeting at Heritage Square,
Councilmember Schmidt, recognized Councilmember Atwell and thanked him
for his expertise and commented on the loss of institutional knowledge from the loss
of three members of Council.
Town Council Meeting Minutes for June 25, 2002 Page 4
He further thanked Councilmember Zoldos for his comments on the traffic
signal problems with Rt. 15.
I. Mayor's Comments
Mayor Webb stated many photos of special events and ariel photos Sam
Legard has provided to the town are scattered in many places and asked the Town
Manager to make the Balch Library a repository for all photos and to implement a
cataloging system.
She further thanked Keith Hilgardner for holding his Memorial Day
celebration,
Mayor Webb also advised the public of the Health Care Task Force briefing to
the Board of Supervisors at 10:00 a.m. on June 28th.
She further thanked officer Bill Wolff for assisting with a situation at her
home.
J. Manager's Report
On behalf of the Town Staff, Mr. Noe thanked Mayor Webb and
Councilmember McDonald for their service.
K. Legislation:
ORDZNANCES
None
CONSENT AGENDA
On a motion by Councilmember Jackson, seconded by Councilmember
McDonald, the following Consent Agenda was proposed:
2002-97
RESOLUTTON
Approving a substitute performance guarantee for Beauregard Heights.
2002-98
RESOLUTTON
Naming two trees at the Thomas Balch Library in memory of Susan Farmer for her
public service to the Town of Leesburg and the County of Loudoun.
2002-99
RESOLUTTON
ZOAM-02-02 - Initiating amendments to the Leesburg Zoning Ordinance to permit
transmission antennas as party of a high-speed internet access provider - home
occupation.
The consent agenda was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
Town Council Meeting Minutes for June 25, 2002 Page 5
REGULAR AGENDA
On a motion by Councilmember Jackson, seconded by Councilmember
McDonald, the following motion was proposed:
2002-100
RESOLUTION
Amending the Capital Improvement Project Policies and Procedures Manual and
delegating authority for update and revisions to the Town Manager.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, $chmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
2002-101
RESOLUTION
Approving the Fiscal Year 2003-2007 Capital Improvements Program.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, $chmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay.' None
Vote: 6-0-1 (Atwell absent)
On a motion by Councilmember McDonald, seconded by Councilmember
Jackson, the following motion was proposed:
2002-102
RESOLUTION
Awarding a contract in the amount of $2,246,000 with VSI Group for installation of
an automated water meter reading system.
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 absent)
Town Council Meeting Minutes for June 25, 2002 Page 6
On a motion by Councilmember Zoldos, seconded by Councilmember
McDonald, the following motion was proposed:
2002-10:3
RESOLUTION
Authorizing the special counsel to request a continuance of the Commission on Local
Government's hearing on annexation.
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 absent)
On a motion by Councilmember Jackson, seconded by Councilmember
McDonald, the following motion was proposed:
2002-104
RESOLUTION
Authorizing the Town IVlanager to enter into a purchase agreement, in an
approximate amount of $1,379,800.00, with Leegate Corporation, N.V., for
acquisition of approximately 17.35 acres of land.
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 (AtweII absent)
On a motion by Councilmember $chmidt, seconded by Councilmember
Zoldos, the following motion was proposed:
2002-105
RESOLUTION
Authorizing the Town Manager to sign the contract with Deitz Construction Group in
the amount of $2,319,257.00 for a terminal building expansion and renovation
project.
Councilmember Zoldos advised 36% of these funds will be reimbursed to the
town by the state.
The motion was approved by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell Absent)
Town Council Meeting Minutes for June 25, 2002 Page 7
On a motion by Councilmember Zoldos, seconded by Councilmember Jackson,
the following motion was proposed:
2002-106
RESOLUTTON
Authorizing the Town Manager to sign Contract Addendum Number Three with
Campbell & Paris Engineers for construction phase services for terminal building
expansion and renovation in the amount of $309,707.21.
The motion was approved by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
On a motion by Councilmember McDonald, seconded by Councilmember
Zoldos, the following motion was proposed:
2002-107
RESOLUTION
Naming the Balls Bluff Park Site Veterans Park.
The motion was approved by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos,
the following motion was proposed:
2002-108
RESOLUTTON
Approving SE-2001-10, Lot 4, Cardinal Tndustrial Park
The motion was approved by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
BOARDS AND COMMTSSIONS
None
Town Council Meeting Minutes for June 25, 2002 Page 8
~1. NEW BUSINESS
On a motion by Vice-Mayor Umstattd, seconded by Councilmember
McDonald, the following motion was proposed:
2002-109
RESOLUTION
School Boundary Line Adjustment.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, $chmidt, Zoldos, Vice-Mayor Umstattd
Mayor Webb
Nay'. None
Vote: 6-0-1 (Atwell absent)
On a motion by Councilmember Zoldos, seconded by Vice-Mayor
Umstattd, the following motion was proposed:
2002-0-9
ORDINANCE
ZM-2001-04, Hawkins Property
The motion was adopted, as amended by the Town Attorney, by the following
vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
On a motion by Vice-Mayor Umstattd, seconded by Councilmember
Zoldos, the following motion was proposed:
2002-110
RESOLUTION
Ida Lee Park Recreation Center expansion - change order with Hughes Group
Architects.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, $chmidt, Zoldos, Vice-Mayor Umstattd
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
Town Council Meeting Minutes for June 25, 2002 Page 9
On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald,
the following motion was proposed:
2002-111
RESOLUTION
Opening of street connections in Exeter Hills.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd
Mayor Webb
Nay: None
Vote: 6-0-1 (Atwell absent)
On a motion by Councilmember McDonald, seconded by Councilmember
Zoldos, the following motion was proposed:
2002-112
RESOLUTION
Forming a citizen task force to study future land uses of areas proposed for
annexation by the Town of Leesburg.
Vice-Mayor Umstattd asked that the time frame for the task force be changed
to run concurrent with the Annexation Continuance Resolution.
Councilmember Zoldos stated the Resolution for continuance does not
guarantee one will be granted and asked the time frame not be changed.
Councilmember Schmidt asked if this task force will take staff time away from
the charette.
Bob Noe commented the charette has been postponed until responses are
received from the downtown consultant. He further stated the two projects could
overlap.
The motion was adopted by the following vote:
Aye: McDonald, $chmidt, Zoldos and Mayor Webb
Nay: Jackson and Vice-Mayor Umstattd
Vote: 4-2-1 (Atwell absent)
On a motion by Councilmember Zoldos, seconded by Councilmember
McDonald, the following motion was proposed:
RESOLUTION
Naming the Fields at Freedom Park
Councilmember $chmidt stated further time is needed to review the
biographies of the honorees and asked that the motion be tabled.
On a motion by Councilmember Schmidt, seconded by Councilmember
Jackson, a motion to table was proposed:
Town Council Meeting Minutes for June 25, 2002 Page 10
The motion failed by the following vote:
Aye: Schmidt, Jackson and Mayor Webb
Nay: McDonald, Zoldos and Vice-Mayor Umstattd
Vote: 3-3-1 (Atwell absent)
After further Council discussion, a motion to table was proposed by
Councilmember McDonald, seconded by Councilmember Schmidt.
This motion was tabled by the following vote:
Aye: McDonald, $chmidt, Vice-Mayor Umstattd and Mayor Webb
Nay: Councilmember Zoldos
Vote: 5-1-1 (Atwell absent)
The meeting adjourned at 9:50 p.m.
A-I-I'EST:
(21erk of Council
J :clerk/rninutes/tcrnin062502
~ C. dmstattd, Mayor ' (
Town of Leesburg