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HomeMy Public PortalAbout2003_01_28COUNCIL MEETING January 28, 2003 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry IVlartinez, David Schmidt, Bob Zoldos, and Mayor Umstattd. Councilmembers Absent: 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 Planning, Zoning and Development Susan Swift, Director of Information Technology Michel Agujia, Director of Human Resources Dona Wolf, Budget Officer Mike Freda, Assistant to the Town Manager Nicole Ard, Management Intern Adam Brown, Clerk of Council Judy Ahalt, and Assistant to the Clerk Debi Pa try. AGENDA ITEM.~ A. Tnvocation by Councilmember Zoldos. Salute to the Flag by Councilmember Buttery. a. The National Anthem preformed by Paul Ritchey C. Roll Call showing all present. D. Minutes: On a motion by Councilmember Buttery, seconded by Councilmember Martinez, the minutes of the January 13, 2003 worksession were approved with editorial changes by a 6-0-1 vote; Zoldos abstaining. On a motion by Councilmember Martinez, seconded by Councilmember Buttery the minutes of the January :14, 2003 meeting were approved with editorial changes by a 6-0-:1 vote, Zoldos abstaining. It was the consensus of Council to vote on agenda Item 9 at this time. On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos, the following motion was proposed. 2003-12 RESOLUTION Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at the Greenway Farm ultimate storm water management pond. Mayor Umstattd stated she had not received any negative comments regarding this item. Town Council Minutes for January 28, 2003 Page 2 The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Presentations: a. Resolution of Respect - Charles Monroe On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery the following motion was proposed and read into the record: Resolution of Respect Charles Monroe WHEREAS, Charles Monroe was a life-long resident of Arlington County; and WHEREAS~ Mr. Monroe's community activism had strong roots which began with his father's appointment as the first African American Arlington County judge and his mother's election as the first African American Arlington School Board member; and WHEREAS~ Mr. Monroe has been a tireless activist for affordable housing and increased public participation by minorities; and WHEREAS~ Mr. Monroe served on a number of civic organizations and advisory committees, including the Arlington Human Rights Commission, the Arlington Housing Corporation, the Arlington Board of Zoning Appeals and the Northern Virginia Regional Commission; and WHEREAS, Mr. Monroe was employed by the law firm of Duncan & Hopkins in Alexandria as a civil litigation attorney; and WHEREAS, Mr. Monroe was first ejected to the Arlington County Board of Supervisors on January 1, 2000, serving as Vice-Chairman in 2002 and elected Chairman on January 1, 2003; and WHEREAS~ Mr. Monroe suffered an untimely death on January 11, 2002 at the age of 46; and THEREFORE, RESOLVED the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to the Monroe family and their appreciation for his dedicated service, as a valuable colleague in the service of local government and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to the Monroe family. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Town Council Minutes for .lanuary 28, 2003 Page 3 b. Certificate of Appreciation - Marilynn Cushman Mayor Umstattd stated this certificate is to be presented to Ms. Cushman for her dedicated service to the Town of Leesburg and the Finance Department for the period November 1983 through January 2003. Ms. Cushman was not in attendance. c. Certificate of Appreciation - .lanet Smith Mayor Umstattd stated this certificate is to be presented to Ms. Smith for her dedicated service to the Town of Leesburg and the Leesburg Police Department for the period July 1974 through January 2003. Ms. Smith was not in attendance. d. Certificate of Appreciation - Leesburg Best Western Mayor Umstattd presented certificates to the Leesburg Best Western for providing free accommodations to the family of a Loudoun Hospital patient during the holiday season. The certificates were presented to Ms. Sherri Cooper, General Manager and Ms. Anne Diamond Hayes, Director of Sales. e. Broadlands Regional Medical Center Mr. Tony Calabrese of HCA discussed the location of the site for the proposed Broadlands Regional Medical Center and outlined the current and future health care needs of Loudoun residents. He stated the new hospital would provide an additional 180 beds to the county. F. Petitioners: Paul Ritchey, 221 Shenandoah Street SE, apologized to Chief Price for bringing his concerns regarding Shenandoah Street to Council before addressing the Chief. Further, Mr. Ritchey complimented the Town on the success of the Catoctin Circle widening project, and asked that staff look into the location of the trees on Catoctin Circle near the Town Branch. In addition, Mr. Richey requested that staff look at ways to improve the Rt. 15 flyover for residents who need to cross the lanes of traffic quickly in order to make a left turn onto Sycolin Road. Chuck ]ones 1:L2 Prince Street NE, asked Council to reconsider the approved improvements to the Lowenbach subdivision and encouraged the Town to improve the neighborhood to the standards of other neighborhoods in the Town. Doris Kidder, 214 Loudoun Street SW, stated her support for the Loudoun Street addition to Town Hall. Laura Walsh, 119 Washington Street NE, stated if the Town is spending money to improve the Lowenbach subdivision, those improvements should make sense. She stated since the majority of foot traffic on Washington Street comes from the residents on the east side, the sidewalk should be moved to that side of the street. Further, in order to save the trees on the east side in front of Cavalier Arms, she recommend running the sidewalk north of Cavalier Arms to Blue Ridge Avenue and south of Cavalier Arms to Edwards Ferry Road with a space in the middle to preserve the trees. Bob Brown, 301 W. Market Street, stated his support of the Loudoun Street expansion to Town Hall and suggested having retail on the ground floor of the Town Council Minutes for 3anuary 28, 2003 Page 4 building. In addition, Mr. Brown, spoke for the condo owners of Cavalier Arms in support of the staff recommended improvements to Washington Street. Nell Steinberg, 2A Loudoun Street, stated the urgent need for a downtown visitor's center and the perfect opportunity that the Loudoun Street expansion of Town Hall would offer. Peter Dunning, ! East Market Street, President of Bluemont Concert Series, discussed the success of the Martin Luther King, Jr. March, the 2002 First Night Leesburg, and the upcoming 21st annual Bluemont Concert Series. He stated the budget for the Commission for the Arts in Virginia has been cut by the state and asked Council to consider a supplemental appropriation to the Bluemont Concert Series for $10,000. Karen Jones, Chairman of the Leesburg Economic Development Commission, urged Council to take the next step forward and approve the contract with Bowie Gridley for the Loudoun Street Expansion to Town Hall. Paul Kreingold, 207 Catoctin Circle NE, outlined his concerns with the Lowenbach subdivision improvements as proposed by staff. He stated first and foremost this project should be considered a Neighborhood Tmprovement project. Second, brick sidewalks should not be limited to the historic district and should be considered in the improvements. Third, piecework of this neighborhood is inadequate; it should be improved as a whole. Joan Rokus, 413 Tudor Court, reminded Council of the Annual Arbor Day celebration on April 12th at Banshee Reeks Park. She further recognized Nicole Ard and Jay Banks for their volunteer work for the celebration. Public Hearing: There were no public hearings. H. Council Comments: Councilmember Schmidt stated he would be requesting two items of new business at the end of the meeting. Councilmember Martinez had no comments. Councilmember Zoldos stated he attended VML day, the opening of the Loudoun Hospital's Cornwall Street emergency room, the opening of the Loudoun Hospital Birthing Inn and the ground breaking for the Stanley F. Caulkins Terminal Building. Further, he recognized Tom Mason and Nagi Elsewaissi for the successful widening of Catoctin Circle and asked that a letter be prepared to the K-mart Corporation asking them to reconsider the closing of their Leesburg store. Vice-Mayor Jackson had no comment. Councilmember Buttery thanked Mr. Ritchey for performing the National Anthem. Councilmember Kramer had no comment. T. Mayor's Comments: Town Council Minutes for .]anuary 28, 2003 Page 5 Mayor Umstattd thanked Vice-Mayor Jackson for attending the Martin Luther King, Jr. Celebration and Councilmembers Kramer, Martinez and Zoldos for attending VML day and meeting with Delegates May, Ports, and Senator Mims' staff. Further, she thanked Tom Mason, Nagi Elsewaissi, Renee Lafollette and Bob Noe for their efforts on the Catoctin Circle Widening project. .1. Town Manager Comments Bob Noe stated he would like Chief Price to present some information regarding gangs at the end of the meeting. Further, he stated VML has suggested the Towns oppose proposed state legislation, which would impose a cap on real estate assessments and asked that Council consider the matter at the end of the meeting. K. Legislation ORDTNANCES On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2003-O-1 ORDINANCE Establishing a Council Rule of Order regarding voting on a new business item. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, IVlartinez and Mayor Umstattd Nay: Schmidt and Zoldos Vote: 5-2 CONSENT AGENDA It was the consensus of Council to remove item 4 of the consent agenda and discuss it under the regular agenda. On a motion by Councilmember Buttery, seconded by Vice-Mayor .]ackson, the following consent motion was proposed: 2003-13 RESOLUTION Making a reduction of the performance guarantees for public improvements installed in Sycamore Hill, Phase T, Sections 4&5. 2003-14 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Stowers Recreation Center. 2003-15 RE$OLUTTON Agreeing to reimburse the Virginia Department of Transportation up to $20,000 for federal funds to install bus shelters, should the Town suspend or cancel the project, and appropriating $25,000 in General Fund monies for the project. 2003-16 Town Council Minutes for January 28, 2003 Paqe 6 RESOLUT?ON Authorizing engineering design contracts for civil engineering services to Chester Engineers, Whitman Requardt & Associates, L.L.P., and William H. Gordon. 2003-17 RESOLUT]:ON Authorizing an agreement and approving water and sewer extension permits and waiving a performance guarantee for the Frances Hazel Reid Elementary and Smart's Mill Middle School. The consent agenda was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, and Zoldos and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Councilmember Martinez, seconded by Councilmember $chmidt, the following motion was proposed: 2003-18 RE$OLUTZON Awarding a contract to Bowie Gridley Architects for architectural and engineering services up to $360,000 for the Loudoun Street addition to Town Hall. Mr. Noe stated the space issue is one of the most important issues facing the Town Council at this time. He outlined the tremendous amount of staff time dedicated to finding a solution to this problem. Further, he stated both the Leesburg Economic Development Commission and the Downtown Consultants agreed there would be many benefits to the Town from the Loudoun Street expansion going forward. Councilmember Schmidt stated his consensus with the Town Manager and stated this proposal comes at a good time when interest rates are at an all-time Iow. He stated he would not support leasing space. Further, he stated the addition of space might attract the Loudoun Convention and Visitor's Center back downtown. Councilmember Martinez concurred with Councilmember Schmidt stating the government should not be leasing space, which could be leased to a private business. He stated this shows tremendous foresight and is a win-win situation, Councilmember Buttery stated his concerns with how the Town comes to this point in a contractual agreement. He stated the Council should be involved earlier in the process and given the opportunity to see engineering service proposals from different companies to ensure the Town is getting the best price. However, he stated this is a good project and is in the overall best interest of the Town. Councilmember Kramer stated this project has the support of the staff, the merchants and citizens of Leesburg. She stated this is in the best economic interest of the Town and is a positive direction for the Town. Town Council Minutes for January 28, 2003 Paqe 7 Mayor Umstattd stated she would not support this project for many reasons. First, there should be no more government buildings in the downtown. The property should be used for retail, thus preserving the heritage of the historic district. Secondly, she objects to the use of Utilities Funds to pay for a project, which should come out of the General Fund. Thirdly, the Town is continually increasing staff and should instead look at preserving jobs for the staff that we currently have. Fourth, citizens do not normally vote to approve new government centers, citing the failed referendum for a new County building. The motion was approved by the following vote: Aye: Buttery, Kramer, Schmidt and IVlartinez Nay: Jackson, Zoldos and Mayor Umstattd Vote: 4-3 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the following motion to table was proposed: RESOLUTION Communicating utilities and roadway concerns regarding the Shellhorn property to the Loudoun County Board of Supervisors. Councilmember Zoldos asked for a motion to table for two weeks to give Council the opportunity to review the different possible resolutions for this item. The motion to table was approved 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 Vice-Mayor Jackson, the following motion was proposed: 2003-::L9 RESOLUTION Amending sections 12.1-10-11 of the Personnel Manual regarding the classification of employees. The motion was approved 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: 2003-20 Town Council Minutes for January 28, 2003 Page 8 RESOLUT:I:ON Authorizing a sister city relationship with Samcheok, South Korea The motion was approved by the following vote: Aye: Jackson, Buttery, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay.' None Vote: 7-0 Boards and Commissions a. Airport Commission Councilmember Zoldos stated the Commission would soon finalize the RFP for the ground lease of 93,000 square feet next to the terminal building. 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 & Recreation Commission No comment Planning Commission No comment Tree Commission Councilmember Schmidt stated the Commission would be forwarding an item to Council regarding the Kousa Dogwoods. Standing Residential Traffic Committee No comment New Business a. UGA Workgroup On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the following motion was proposed: Town Council Minutes for January 28, 2003 Page 9 RE$OLUT]:ON Authorizing an Urban Growth Area (UGA) Workgroup. Councilmember Zoldos read the resolution into the record. A RESOLUTION: AUTHORTZTNG AN URBAN GROWTH AREA (UGA) WORKGROUP WHEREAS, the Town Council desires to focus on potential development surrounding the Leesburg Executive Airport and identify potential economic benefits that those properties may contain within what was formerly known as the Urban Growth Area (UGA); and WHEREAS, the UGA Workgroup mission and scope is to include wide citizen participation and representatives from the Town of Leesburg Boards and Commissions; and is the intent of this workgroup to make the scope as wide ranged as possible to investigate, research, study and report to the Leesburg Town Council the findings regarding the role the Town should play in the area zoning and future development, specifically in the UGA. The possible effects upon the tax base and the potential benefits that proper development might have upon the town and county should be considered in meeting discussions; and WHEREAS, the Council's position is to be prepared and have a plan for execution in the event that additional properties surrounding the Leesburg Executive Airport become available for inclusion into the Town of Leesburg corporate boundary; and WHEREAS, on June 25, 2002, the Council adopted Resolution No. 2002-112, for participation and citizen involvement to study the former UGA. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Council formally recognizes and sanctions the Urban Growth Area Workgroup to report to the Town Council potential development and usage for the properties surrounding the Leesburg Executive Airport and its impact on the Leesburg Executive Airport. Councilmember Martinez proposed a friendly amendment to broaden the spectrum to include not only the airport, but also any area that has potential for improvement. Vice-Mayor Jackson asked which properties are included? Councilmember Martinez stated it could include the Barber & Ross property as well as any other property identified in the consultant's report. Mayor Umstattd stated she could not support this resolution because the group should be under the purview of the Planning Commission and because the spectrum is so large it could appear to citizens this is another attempt at annexation. Councilmember Buttery concurred stating he would not like to send any conflicting messages. Town Council Minutes for January 28, 2003 Page 10 Councilmember Zoldos stated the idea is to concentrate on the airport area and work with businesses that wish to come to Leesburg. He further stated there would be minimal staff time involved. Councilmember Martinez stated he supports the concept of the group, but would like the language changed to focus on different areas, not just one part of town. The motion failed by the following vote: Aye: ~lackson, Schmidt and Zoldos Nay: Buttery, Kramer, and Mayor Umstattd Vote: 3-3-1 (Martinez abstaining) b. Northeast Leesburg Tmprovements. On a motion by Councilmember Schmidt, seconded by Mayor Umstattd, the following motion was proposed: A motion to proceed with the Northeast Leesburg improvements project as previously approved, with the exception of Washington Street where the sidewalk would be moved to the east side and run to the north of Cavalier Arms to Blue Ridge Avenue and south from Cavalier Arms to Edwards Ferry Road while stopping to preserve the mature trees in front of the building. Tom Mason verified this would not change the curb and guttering portion of the project. Further, he stated he would not recommend a gap in the sidewalk. Councilmember Schmidt stated additional curb and gutter for this project should be considered under the FY04 budget. Councilmember Zoldos asked for a separate motion to add a C[P project to include the other improvements recommended by the residents. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Councilmember Martinez suggested the rest of the requested improvements be discussed at the next worksession. Councilmember Zoldos asked for a C]:P proposal to be ready for the second meeting in February. On a motion by Councilmember Schmidt, seconded by Vice-Mayor Jackson, the following motion was proposed: 2003-21 RESOLUT]~ON Town Council Minutes for January 28, 2003 Page 1::[ Resolution in opposition to House Bill No. 2755 that would impose a five-year moratorium on contested annexations by towns. Councilmember Schmidt read the resolution into the record. A RESOLUTION: RESOLUTION IN OPPOSITION TO HOUSE BILL NO. 2755 THAT WOULD IMPOSE A FIVE-YEAR MORATORIUM ON CONTESTED ANNEXATIONS BY TOWNS WHEREAS, House Bill 2755 would bar contested annexation proceedings by towns for five years and would even stay pending matters as of July 11, 2003; and WHEREAS, while a moratorium on city annexations has existed for many years, the General Assembly has never imposed a moratorium on town annexations; and WHEREAS, Town annexations are very different from city annexations. For example, a town annexation does not remove land from a county, does not cause a county to lose any property taxes, and does not change where children go to school; and WHEREAS, Towns in Virginia have expanded their boundaries more than 170 times in just the last 22 years; and WHEREAS, the last legislative study of local government structure strongly endorsed the town annexation process and in :1990, the "Grayson Commission" recognized that "annexation by towns has not created the ill will" that has resulted from annexations by independent cities, and it concluded that many municipalities "need to increase in size" and the Commission even recommended an expansion of the town annexation process. It urged that towns be given an almost automatic right to annex every 8 years with only very limited grounds for objecting to the incorporation of more land; and WHEREAS, the Commission on Local Government has reviewed dozens of annexation agreements between towns and counties. The commissioners (including those who were formerly county officials) have unanimously recommended approval of those agreements and have found that such annexations were in the best interests of the localities and the Commonwealth. WHEREAS, in the absence of a town right to annex, most agreements to expand town boundaries would never occur. It is the very existence of a right to annex that has frequently produced compromise agreements to permit an annexation or "boundary adjustment"; and WHEREAS, the town annexation process is essential to the preservation of the financial viability of towns in Virginia and is often needed to provide key services to surrounding urban areas. Town Council Minutes for 3anuary 28, 2003 Page :[2 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Town Council opposes HB 2755 and any moratorium on town annexation. Councilmember Schmidt stated this is not an endorsement of annexation; rather it is an opposition to the state taking away this right from the Towns. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Zoldos Nay: Mayor Umstattd Vote: 6-1 d. State House Bill 1519 On a motion by Councilmember Zoldos, seconded by Councilmember Schmidt, the following motion was proposed: Directing staff to contact the state delegation conveying Council's wish to oppose State House Bill No. 1519 which would provide that the average tax levy could not rise above five percent, with two exceptions. The motion was approved by the following vote: Aye: Jackson, Martinez, Schmidt and Zoldos Nay: Buttery, Kramer and Mayor Umstattd Vote: 4-3 e. Closed session to discuss a personnel matter It was the consensus of Council to defer this closed session until the next Council meeting. Adjournment The meeting adjourned at 10:10 p.m. A~-I'EST: (~erk of Council 2003_tcmin 12803.doc