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HomeMy Public PortalAbout2002_11_26COUNCIL MEETING November 26, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Finance Paul York, Director of Planning, Zoning and Development Susan Swift, Economic Development Director Betsy Fields, Director of Human Resources Dona Wolf, Deputy Finance Director Gerry Clemente, Zoning Administrator Brian Boucher, Chief of Comprehensive Planning Randy Hodgson, Budget Officer Mike Freda, Tourism Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Tnvocation by Councilmember Buttery. Salute to the Flag was led by Boy Scout Troop 982 Cub Scout Pack 958 - Den 1. Roll Call showing all present D. I~linutes: On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, the minutes of the November 12, 2002 meeting were approved by a 7-0 vote. It was the consensus of Council to defer approval of the November 13, 2002 minutes pending the addition of comments regarding annexation. Presentations a. Proclamation - Resolution of Respect - Mac McCloud Mayor Umstattd read this resolution of respect into the record and presented a copy to the McCIoud family. Resolution of Respect Walter C. (hfac) McCIoud WHEREAS, Walter C. (Mac) McCIoud was born in Lebanon, Virginia and was a resident of Leesburg for many years; and WHEREAS, Mac was in the Army Intelligence Service for three years, followed by 24 years in the Federal government, working for several different agencies, and retired from the Internal Revenue Service in 1997; and WHEREAS, Mac was very involved in the Central Loudoun Little League for the past six years, serving as president of the league, and in several other capacities. He was a Town Council meetinq minutes for November 26, 2002 Paqe 2 strong advocate at the County and Town level and worked with the Parks and Recreation Department to get legislation passed for additional ball fields in Loudoun County; and WHEREAS, Mac helped mobilize scores of Little League parents to become aware of, and encourage the Leesburg Town Council to fund and build, Freedom Park. Generations of boys and girls will have the opportunity to play softball and baseball beginning in 2003 as a result of his leadership, and WHEREAS, on October 11, 2002 Mac suffered an untimely death at the age of 61. THERFORE~ RESOLVED the Mayor and Council of the Town of Leesburg in Virginia extend their sympathy to the IvlcCIoud family and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be presented to the IvlcCIoud family. b. Certificate of Recognition - Greg Adams Mayor Umstattd presented Mr. Adams with a certificate for his for his contribution to the Halloween season for the enjoyment of the Town of Leesburg and its residents. c. Receipt of Consultant Report Karen Jones, Chairman of the Economic Development Commission, introduced the consultants who will provide a draft business strategy for the Town of Leesburg. Tripp Muldrow with Arnett & Muldrow and Tom IVlcGilloway with IVlahan & Rykiel provided an overview of the draft business development strategy. They outlined six strategies to their plan as follows: (1) Hometown Downtown - A place for Leesburg residents; (2) The Seamless Experience - A visitor strategy; (3) Expanding Downtown - The Crescent District and Market East; (4) A new market for Leesburg - Live~Work~Play; (5) Leesburg Heritage - Celebrating and preserving character; and (6) Getting the Job Done - Organizing the future. Further they outlined three steps for completion of each strategy. Finally, they outlined visions to go along with each strategy as follows: (1) Leesburg's downtown will become a gathering place for residents on a regular basis offering entertainment, dining, and shopping for local citizens; (2) Visitors are provided with a unified experience to immerse them in the opportunities to explore Leesburg; (3) Downtown economic development opportunities expand into other areas of downtown reinforcing existing neighborhoods and creating new investment opportunities; (4) Leesburg becomes known as the DC region's premiere location for entrepreneurs offering small businesses a place to grow and thrive; (5) Leesburg's unique historic character is the hallmark of the community making Leesburg a national destination for preservation and heritage tourism; and (6) The Town of Leesburg is poised to handle future development and become a active partner in public private ventures for Economic Development. Council commended the consultants for a job well done. Mayor Umstattd discussed rezoning of the Barber and Ross property for redevelopment purposes. d. Special Recognition - Nicole Ard Mayor Umstattd, on behalf of the Town, presented Ms. Ard with a special gift for her hard work in planning for and receiving the Russian Delegation visitors. Town Council meeting minutes for November 26, 2002 Page 3 Fw e. Audit Report Paul York introduced the associates from PBGH who conducted the FY 2002 audit. Mike Garber and ]eft Sauder outlined their findings and recommendations regarding the current practices of the town, including the possibility of setting up an audit committee. Petitioners: a. Marybeth Mohr, Loudoun Museum, informed Council of some recent programs the Museum has completed including Antietam Tour, Leesburg Hauntings and the Grand re-opening of the museum, and some upcoming events such as the Gallery Walk, Holidays walking tour, First Night Leesburg and Emancipation Proclamation Anniversary. Ms. Mohr also stated the Museum hosted a CD release party for the Loudoun Border Guards. She commented this marks the first time a junior fife and drum corps has ever released a CD. Bob Primack, presented a petition to Council opposing signs at S. King and Catoctin which direct visitors to the Loudoun County Visitor's Center on Catoctin Circle. Mr. Primack further commented the Loudoun County Visitor's Center is not a Leesburg Visitor's Center and is hurting Leesburg financially by sending visitors to other parts of the County. Randy Minchew, addressed Council on behalf of the Stower's family which owns the Oaklawn project property. He stated a Zoning Concept Plan amendment was filed 13 months ago. He asked Council to direct staff to schedule a public hearing on this matter for the January 14th Council meeting. Public Hearing a. Considering a comprehensive revision and amendments to the Leesburg Zoning Ordinance Brian Boucher outlined the proposed draft of 20 revisions and amendments, which would assist in further implementing the Town Plan. Councilmembers Zoldos, Jackson, Buttery, Martinez and Schmidt thanked Brian for an outstanding job. The public hearing opened at 9:05 p.m. Bill Fissel., NVB[A Council, stated this ordinance is concise, clear, organized. Further, he commended the staff and consultant on their hard work. Randy Minchew, 330 W. Market Street, stated this is a very good ordinance. He commended Brian for his efforts in putting this ordinance together. C. Terry Titus, 805 Wage Drive, commended Brian and staff on this ordinance. He raised questions with regards to the grandfathering issue, SE plats and checklists, the disappearance of the B-2 zoning for animal hospitals, clarity with regards to service stations and an increase in parking requirements. Town Council meeting minutes for November 26, 2002 Paqe 4 Council asked Brian Boucher to come back with answers to Mr. Titus' comments. The public hearing closed at 9:20 p.m. H. Council Comments Councilmember Schmidt introduced his Mother, Mary Schmidt, who was in the audience. He complimented Bob Noe for his appointment to the Board of Directors of the United Way of the National Capitol Area. Further, he stated the town staff is producing in amazing ways, citing the widening of Catoctin Circle and the :[da Lee expansion as examples. Councilmember $chmidt also wished the public a happy Thanksgiving holiday. Councilmember Martinez concurred with Mr. Schmidt's comments regarding staff performance and congratulated Mr. Noe on his recent appointment. He stated he is going out of town and will not be attending the next Council Worksession, but there will be a Shellhorn update per his request. Councilmember Martinez recognized Greg Adams' work with Interfaith Relief and remembered Mac McCIoud for his work with the Central Loudoun Little League. Councilmember Zoldos commended the ~[da Lee staff on the expansion dedication ceremony. He further complimented Tom Mason and Nagi Elsewaissi on the completion of the Catoctin Circle improvements and Mr. Noe for his recent appointment with the United Way. Councilmember Zoldos expressed the need for an audit committee and stated he would volunteer to serve on the committee along with the citizens and the business community. He further suggested that a budget class be held for the Council. Councilmember Zoldos wished the citizens a happy Thanksgiving and stated that under new business he will make a motion to move the LCVA sign. Vice-Mayor Jackson had no comment. Councilmember Buttery stated he spoke with Liz Whiting regarding the Traffic committee and stated he would like to see an item on the worksession to discuss downtown sidewalk restoration to improve public safety. Councilmember Buttery further asked for information regarding the Uran trust funds. Further he thanked Ann Quinn for the origination and implementation of the Loudoun Fife and Drum Corps. He further stated they will be performing around the Loudoun Museum on Saturday and encouraged the public to go hear them. Councilmember Buttery further stated Stanley Caulkins has dedicated much of his life to the service of the Airport and asked that an item be placed on the worksession to name the airport terminal building in his honor. Councilmember Kramer stated she is proud to be a citizen of Leesburg and commented on the positive growth of the Town. She further wished the citizens of the Town a happy Thanksgiving. Town Council meeting minutes for November 26, 2002 Page 5 I. Mayor's Comments: Mayor Umstattd stated the need to begin the review of the Town Comprehensive Plan. She stated in :[997, a citizens advisory group was established to assist in the review and asked that the Councilmembers be prepared to appoint a member of the community. Further, there should be a citizens advisory group on the proposed annexation area be developed to feed into the citizens advisory group on the Town Plan. Mayor Umstattd also extended her congratulations to Bob Noe for his appointment to the United Way Board of Directors. Further, she wished the citizens a happy Thanksgiving. .~. Manager's Report: Bob Noe thanked everyone for their kind words and, on behalf of the town employees, wished everyone a happy Thanksgiving. K. Legislation ORDINANCES J On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the following ordinance was proposed: 2002-O-10 ORDINANCE Amending the Zoning Ordinance Sections 15A-3 and 15A-5 to permit wireless internet service provider as a home occupation and to permit a transmission antenna as part of the home occupation use. The motion was approved by the following vote Aye: Buttery, .lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Councilmember Buttery, seconded by Councilmember Kramer, the following consent motion was proposed: 2002-184 RESOLUTION Authorizing time extensions for completion of public improvements and approving performance guarantees for Potomac Station, Sections lB, 1C, 3C, and 6EFG. 2002-185 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Edwards Landing Recreation Center. The motion was approved by the following vote: Aye: Buttery, .]ackson, Kramer, Martinez, Schmidt, Zoldos, and Mayor Umstattd Nay: None Vote: 7-0 Town Council meeting minutes for November 26, 2002 Paqe 6 REGULAR AGENDA On a motion by Councilmember Buttery, seconded by Councilmember Schmidt, the following motion was proposed: 2002-186 RE$OLUT]:ON Approving Special Exception SE-2002-03 for a bank with drive-thru windows on Catoctin Circle, NE. Mayor Umstattd stated the resolution before Council had been amended in section eight with regards to the evergreen trees. Vice-Mayor Jackson verified that the two large pine trees would be saved. Councilmember Schmidt asked the grammar be corrected under the amended condition eight regarding the evergreen trees and asked that a line stating "in consultation with the Town Arborist" be added. The amendment was accepted by Councilmember Buttery. Councilmember Zoldos stated with regards to the barn, once it is removed that land will remain open unless the applicant seeks an amendment to the special exception. The motion was adopted by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Martinez, seconded by Councilmember Schmidt, the following motion was proposed: 2002-:1.87 RESOLUTTON Approving Special Exception SE 2002-02 for a child daycare center at 101 Davis Avenue, SW. Vice-Mayor Jackson stated he wishes he could support this application because of the need for good daycare, but cannot support it because of traffic and other land use issues. Councilmember Martinez stated he would support this application because the traffic problem has been there for a long time and the day care center will not increase it. Councilmember Schmidt concurred with Councilmember Martinez and stated other uses of the parcel would create more traffic. The motion was adopted by the following vote: Aye: Buttery, Kramer, Martinez, Schmidt and Mayor Umstattd Nay: Jackson and Zoldos Vote: 5-2 Town Council meeting minutes for November 26, 2002 Page 7 On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the following motion was proposed: 2002-188 RESOLUTTON Authorizing the Town Manager to execute Task Order 22 to the CH2M Hill General Services Agreement in the amount of $1,660,000.00, for design of the water pollution control facility expansion project. The motion was adopted by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Schmidt, seconded by Councilmember Martinez, the following motion was proposed: 2002-189 RESOLUTION Amending Chapter 12.1, Article 24 of the Personnel Manual regarding the approval in advance of official travel for town staff. The motion was adopted by the following vote: Aye: Buttery, .lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay.' None Vote: 7-0 On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the following motion was proposed: RESOLUTION Amending Chapter 12.1, Article 24 of the Personnel Manual regarding the use of Town funds for alcoholic beverages. Mayor Umstattd stated this resolution would permit the use of tax-payer funds for the purchase of alcohol at town functions with the prior approval of the Town Manager or the Mayor. Councilmember $chmidt stated he has full confidence in the judgment of the Town Manager and the Mayor who would have to approve the purchase. Further, there is a thriving wine business in Loudoun County and there is no need to stigmatize wine. Mr. Noe stated that since the last Council discussion the resolution has been amended to say the event would have to involve dinner with elected officials or an economic development prospect. The motion failed by the following vote: Aye: Kramer, $chmidt Nay: Buttery, Jackson, Martinez, Zoldos and Mayor Umstattd Vote: 2-5 On a motion by Councilmember $chmidt, seconded by Councilmember Martinez the following motion was proposed: Town Council meeting minutes for November 26, 2002 Page 8 2002-:[83 RESOLUT]:ON Amending Chapter 12.:[, Article 24 of the Personnel Manual regarding all people who travel at Town expense. The motion was adopted by the following vote: Aye: Buttery, Jackson, Kramer, IVlartinez, Schmidt, Zoldos and IVlayor Umstattd Nay: None Vote: 7-0 L. Boards and Commissions ao Airport Commission No Comment bo Thomas Balch Library Commission No comment Board of Architectural Review No comment d. Cable Commission No comment Economic Development Commission No comment Environmental Advisory Commission No comment Tnformation Technology Commission No comment Parks and Recreation Commission No comment i. Planning Commission No comment j. Tree Commission - Councilmember Schmidt stated the commission is seeking clarification on the job duties of the Town Arborist. k. Standing Residential Traffic Committee - Councilmember IVlartinez asked that the committee study the traffic problems on Davis Avenue. New business a. Woodlea Manor Booster Pump Station project On a motion by Councilmember IVlartinez, seconded by Councilmember Schmidt, the following motion was proposed: 2002-:[9:[ RESOLUT]:ON Town Council meeting minutes for November 26, 2002 Paqe 9 Authorizing an engineering services contract with Whitman, Requardt and Associates, L.L.P., in the amount of $224,000.00 for the Woodlea Manor Booster Pump Station project. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 b. Stowers Concept Plan Amendment Susan Swift commended Brian Boucher for his work on the Zoning Ordinance. She stated this is one of the largest and most complex in the town and the application has many discrepancies and deficiencies. Further she stated a revised application was submitted the prior week, but staff needs time to review it and the application is not ready for a public hearing. Mayor Umstattd asked if there are any statutory deadlines that could come into play should this application be delayed any longer. Ms. Swift stated Mr. Minchew mentioned a deadline in his letter, but because this particular application was re-activated that deadline doesn't apply. rvlr. Donnelly stated he does not have enough information on the application to make a determination. After much discussion, it was the consensus of Council to discuss this issue at the December 9th worksession and decide then whether or not to move this issue to a public hearing in January. c. Street sign at Catoctin Circle/S. King Street Councilmember Zoldos stated the signage is a deterrent to downtown businesses and made a motion to remove the sign or amend the sign to point towards King Street and have another sign at King and Loudoun that would direct people to the visitor's center. On a motion by Councilmember Zoldos, seconded by Vice Mayor Jackson, the following motion was proposed: Directing Town Staff to remove the sign currently at South King Street and Catoctin Circle, replace it with a similar sign pointing North on King Street and install a sign at the intersection of South King and Loudoun Streets pointing east directing people to the visitor's center. The motion was approved by the following vote: Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery abstaining) d. Closed Session to discuss a personnel matter Town Council meeting minutes for November 26, 2002 Page 10 On a motion by Mayor Umstattd, seconded by Councilmember Zoldos, the following motion for a closed meeting was proposed: Pursuant to Sections 2.2-3711 (A)(1) of the Code of Virginia, ! move that the Leesburg Town Council convene in a closed meeting to consider a personnel matter, specifically the annual performance evaluation of the Town Manager. The motion was adopted by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Council adjourned in closed session at 10:32 p.m. Council reconvened at :[1:26 p.m. and Mayor Umstattd proposed the following motion, seconded by Councilmember Martinez. !n accordance with Section 2.2-3712 (D) of the Code of Virginia, ! 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 !nformation 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: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 The meeting adjourned at 11:27 p.m. Town of Leesburg A-I-I-EST: 2002_tcmi n 1126 .doc