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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