HomeMy Public PortalAbout2003_02_11COUNCIL MEETING February 11, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Vice-Mayor Jackson, Melinda Kramer,
Marty Martinez, David Schmidt, Robert Zoldos, and Mayor Umstattd.
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 Utilities Randy Shoemaker, Director of Planning, Zoning and
Development Susan Swift, Chief of Police Joe Price, Chief of Plan Review Paul
Gauthier, Zoning Administrator Brian Boucher, Chief of Comprehensive Planning
Randy Hodgson, Traffic Engineer Calvin Grow, Budget Officer Mike Freda, Assistant
to the Town Manager Nicole Ard, Management Intern Adam Brown, Assistant to the
Clerk Debi Parry, and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Tnvocation by Councilmember Kramer.
B. Salute to the Flag was led by Vice-Mayor Jackson.
C. Roll Call showing all present.
D. Minutes:
On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez,
the minutes of the January 27, 2003 Town Council worksession were approved
unanimously with minor edits.
On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the
minutes of the January 28, 2003 Council meeting were approved unanimously with
minor edits.
Presentations:
a. Proclamation - Black History Month 2003
On a motion by Councilmember Zoldos, seconded by Councilmember
Kramer, the following was presented to Wendell Fisher of the Loudoun YMCA:
PROCLAMATION
BLACK HISTORY MONTH
FEBRUARY 2003
WHEREAS, in February of 1926, sixty-one years after the ratification of the
13th Amendment to the United States Constitution, Dr. Carter Woodson, a noted
historian, desired to recognize the achievements and contributions of Black Americans
in this country; and
WHEREAS, the month of February was appropriately chosen to recognize the
achievements of Black Americans as it contained the birth anniversaries of Abraham
Lincoln and Frederick Douglass; and
Town Council minutes for February 11, 2003 Page 2
WHEREAS, the traditional one-week observance was expanded in 1976 to
include the entire month of February; and
WHEREAS~ the theme for the 2003 celebration of Black History Month is "The
Souls of Black Folk: Centennial Reflections"; and
WHEREAS, the members of the Loudoun Chapter of the National Association
for the Advancement of Colored People sincerely desire to preserve and carry forth this
American tradition which is relevant and insightful to all families of our community.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia
hereby proclaim the month of February of the Year 2003 as Black History Month in the
Town of Leesburg and urge the citizens of Leesburg join in recognizing the
contributions made by the Loudoun Chapter of the NAACP and other community
organizations to preserve and remember the accomplishments of Black Americans
throughout the history of our nation.
PROCLAIMED this 11th day of February 2003.
b. Award - National Underground Railroad - Network to Freedom
.lane Sullivan of the Balch Library, Pauline Singletary of the Black History
Committee for Friends of the Balch Library and Louetta Watkins explained the
significance of this award and the project underway to document the stories of
older African American Loudoun residents.
c. Gang Violence
Chief Price informed Council of the growing gang community in Leesburg
and Loudoun County. He outlined the steps Leesburg Police is taking to deter
further gang growth and asked for community assistance in reporting any
suspicious activity.
Council thanked Chief Price for the briefing and for being ~roactive in this
situation.
F. Petitioners
Barbara Rubin, Waterford, Virginia, addressed Council concermng the usage of
sludge on town properties. She specifically discussed the town using their biosolids
product at Ida Lee Park.
Ann Robinson, Loudoun County Director of Soil and Water Conservation District
and Leesburg Citizen, addressed Council with issues regarding the biosolids product
the town is marketing. She had serious concerns with its safety and the fact that
Leesburg is using it on ball fields. Ms. Robinson pointed out that the pamphlet
accompanying the product has a warning to store away from children.
Curtis Gans, Loudoun County Social Services Board, addressed Council. Mr.
Gans provided information on the Loudoun County Fresh Air/Full Care Campaign.
This group is looking for funds that would allow qualifying families on the Department
of Social Services waiting list for day care and summer camp.
Dave Wiseman, 343 Harrison Street, addressed Council. IVlr. Wiseman
represented the property owners on Market Square, South. He advised their
Town Council minutes for February 1:[, 2003 Page 3
neighborhood is now designated as a floodplain area and asked for assistance in
removing those properties from this designation.
Brian Cannon., 342 Harrison Street, addressed Council. Mr. Cannon reiterated
the problem with the floodplain designation at Market Square and his concern for the
residents trying to refinance their homes.
Peggy Everhart, 18 Monroe Street, addressed Council. Ms. Everhart expressed
concerns with the flooding along Town Branch. She asked that Council fix the flooding
problem. Further, she asked that Monroe Street and Madison Court be placed in the
Capital Improvements Program for sidewalk improvements.
Bob Primack, 217 Shenandoah Street, addressed Council. Mr. Primack further
discussed the signage in downtown Leesburg. He reiterated his concern with the sign
at Catoctin Circle and S. King Street directing visitors to Loudoun Convention and
Visitors Association (LCVA) instead of to our downtown. Further, he objected to the
proposed sign at Edwards Ferry Road and Market Street.
Randy Minchew, 330 West Market Street, addressed Council on behalf of
Barber and Ross. He asked that Council consider nonconforming enhancements that
would allow Barber and Ross to remain at their current location for a few more years.
Public Hearing
a. ZM-2002-03 - Church of Jesus Christ of Latter Day Saints - Concept
Plan and Proffer Amendment
The public hearing opened at 8:37 p.m.
Randy Hodgson outlined the proposed :[8,500 square foot church building
and associated parking that would replace the approved 39,000 square foot
neighborhood retail convenience center in Potomac Crossing.
Mr. Hodgson advised that staff and the Planning Commission recommend
approval of this application.
Council members had no comment.
Pete Dolan, representing the applicant, addressed Council stating Potomac
Crossing is an ideal location for this use. Further, they have responded to
resident concerns and all brick architecture has been proffered.
There was no public comment.
The public hearing closed at 8:55 p.m.
Councilmember Zoldos made a motion, seconded by Vice-Mayor ,lackson, to
suspend the rules to move this application forward tonight.
The motion to suspend the rules was adopted by a 7-0 vote.
Councilmember Martinez, seconded by Councilmember Kramer, made a
motion to approve ZM-2002-03, Church of Jesus Christ of Latter Day Saints -
Concept Plan and Proffer Amendment.
Town Council minutes for February 11, 2003 Paqe 4
The motion was approved by the following vote:
Aye: Jackson, Buttery, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Oaklawn at Stratford Concept Planf Proffer Amendment, Town Plan
Amendment and Special Exception, (ZM-:L59f TP-02-01, and SE-
2002-13).
This public hearing opened at 8:56 p.m.
Mayor Umstattd recognized Hobie Mitchel and Bob Gordon in the audience.
Susan Swift, Planning Director, stated staff and the Planning Commission
are recommending denial of all aspects of the Oaklawn application.
She stated the main issues revolve around the level of detail along with
substantive transportation issues. Further, the rezoning and proffer
amendments do not adequately mitigate traffic impacts, provide less than the
existing proffers, and do not meet the requirements for Planned Development
regulations.
Paul Gauthier, Chief of Plan Review, provided more detail on the
transportation issues of this rezoning and their impact on Southeast Leesburg.
He had a recommendation of disapproval for the Oaklawn at Stratford rezoning.
Councilmember Martinez pointed out the additional impact of traffic from
the high school and Freedom Park.
Councilmember Buttery questioned how the applicant would build the road
network if the application is denied.
Paul Gauthier stated they would have to build under the old zoning.
Further the existing proffers are tied to square footage not to phases.
Councilmember Buttery asked for a follow-up report on what could be built
with each scenario.
Mayor Umstattd verified that the trips per day would be approximately the
same as with the current proffers and zoning.
Susan Swift verified that the fire and rescue site is still proposed in the
southeast corner of the site.
Councilmember Buttery verified that monies for the school site are only in
the original proffers.
Randy IVlinchew, addressed Council stating they have submitted revised
proffers, which address some of the issues raised at the worksession.
Brian Cullen, Keane Enterprises, addressed Council stating this application
is intended to clean up the existing concept plan and move commercial away
from residential uses.
Town Council minutes for February 11, 2003 Page 5
Mr. Cullen gave a history of the site and outlined the differences between
the current and proposed plans. Further he discussed the transportation issues
and proffer phasing.
The public hearing opened at 10:05 p.m.
Todd Ague, 120 Burnell Place and president of the Stratford Homeowners
Association, addressed Council. He stated this application is not a perfect
solution, but is much improved.
Laurie Dunham, 137 Burnell Place, agreed with the position of the
homeowners association. She expressed concern with multi-family units
adjoining single family.
Bob Gordon, Dulles Greenway, stated they have issues with the conflict
of the ramp designs. He added they are willing to work with the Town to
resolve transportation issues.
Mr. Gordon explained the trigger mechanisms for the proposed building
of interchange at Battlefield Parkway. He identified the trigger points as being
60,000 riders a day as opposed to a revenue mechanism.
Bill Kusnierz, 136 Burnell Place, addressed Council concerning the
proposed park planned on the Oaklawn site. He requested a letter from the
developer stating the park will be left on the site.
Hobie Mitchel, Commonwealth Transportation Board, addressed Council.
Mr. Mitchel stated he has met with staff regarding transportation priorities. He
stated he is committed to help find solutions for the Town and County. He
stated public/private partnerships have been successful.
Mr. Mitchell stated he would work with all interested parties to find
funds for long-term transportation goals. Further, he stated he would work
with the Commonwealth Transportation Board to help find a solution for
Battlefield Parkway and Sycolin Road.
Bob James, 118 Burnell Place, addressed Council thanking staff for their
diligent job in reviewing the Oaklawn plans. He asked that great attention be
given to the architectural details of the buildings.
Gem Bingol provided the following comments, which were read into the
record by Mayor Umstattd:
"Dear Mayor Umstattd and Council Members:
After reviewing the Oaklawn at Stratford application, ! urge you to
deny the request for a Town Plan amendment and special exception
applications.
This application does nothing to enhance Leesburg--and is instead,
particularly detrimental to the southeastern quadrant of town:
Town Council minutes for February 11, 2003
Page 6
· With inadequate proffers and a lack of interest in complying or
even attempting to comply with the Town's vision for this area, this
application compounds existing inadequacies of transportation
infrastructure in the southeast quadrant with further inadequacies.
· It has been made clear that the Town wants to protect the airport
from residential encroachment--why should any further residential
be approved so close to the runway?
· The Town should be striving for a higher level of commitment from
developers, not less--this applicant has clearly demonstrated a lack
of commitment to Leesburg by proposing proffers that would be
less than those currently existing.
· The applicant has also demonstrated its lack of commitment to
Leesburg through its lack of attention to details in the application.
· With the Town Plan review process currently being initiated, it
makes little sense to approve a Town Plan amendment, which
could conflict with other changes that might be made.
Leesburg and its residents will benefit if you set the bar higher for
development that you accept for Leesburg. Your standards will determine
what we get. ! urge you to reject this application."
The public hearing closed at 10:32 p.m.
H. Council Comments:
Councilmember Schmidt commented that he is encouraged that a solution can
be reached on the Stowers proposal.
He reminded the public that the Stowers family would be honored on April 5th
at the Freedom Park dedication.
Councilmember Schmidt expressed concern with the comments by petitioners
on the biosolids program. He asked staff to respond quickly to this issue as the
comments were distorted and misleading.
Councilmember Martinez stated citizen's issues should not be ignored; we
should address issues and educate the public.
He stated he is encouraged that a solution can be reached on the Stowers
application.
He stated we need to be proactive concerning the gang presence in our
community and suggested that citizens be aware of what is going on in their
neighborhoods.
Councilmember Martinez commented that he is in agreement with the sign
solutions proposed by the Economic Development Director.
Councilmember Zoldos complimented staff on their recent snow removal
efforts.
Town Council minutes for February 11, 2003 Page ?
Vice-Mayor Jackson stated he too looks forward to working with the Stowers
family,
Further, he stated Town staff has been taking care of the dogwood trees.
Councilmember Buttery stated he would like more information on our
biosolids project safeguards at the next Council meeting.
With reference to the report on gangs from Chief Price, Councilmember
Buttery said 99.9% of the kids in Leesburg are good citizens. He suggested that
families get more involved with their children's activities.
Councilmember Kramer echoed the thoughts of other Council members. She
stated that we should provide sidewalks to accommodate all neighborhoods.
Councilmember Kramer also encouraged citizens to pay attention to activities
in their neighborhoods and become involved in an effort to be proactive against gang
activity.
Mayor's Comments
Mayor Umstattd stated the CIP should include public requests for street
improvements.
She reminded citizens of an Amber Alert broadcast by WAGE Radio for a
missing child in Baltimore County, Maryland.
Mayor Umstattd advised of a tabletop emergency exercise that took place this
morning and commended the Chief of Police and staff members for their excellent
performance.
She advised that town staff has met with the citizens who were concerned
with the biosolids issue. Further, she stated she is comfortable with our biosolids
product since staff feels contami~s are not significant.
3. Manager's Report
Bob Noe advised Council the Northern Virginia Regional Commission Brochure
on Emergency Preparedness will be in the Washington Post this weekend.
He stated the "Orange Alert" status has dictated locking Town Hall corridors
and he is working with Chief Price to see if we can relax measures.
Councilmember Martinez asked what we could do with Town Branch and
Monroe Street flooding and the floodplain issue in the adjoining neighborhoods.
Mr. Noe advised we would discuss options at the next Council meeting.
K. Legislation
ORDTNANCES
ORDZNANCE
Adopting a comprehensive revised Zoning Ordinance and repealing the Zoning
Ordinance of 1990, as amended, except for Sections 5C and 740.
Town Council minutes for February 11, 2003
Page 8
Mayor Umstattd suggested a further amendment to Article 16.2.5 - Minor
Enhancements to Nonconforming Use Facilities as proposed by Barber and Ross.
She read the proposed addition to that section as follows: "A facility containing a
nonconforming use and its related structures may be given minor enhancements,
such as new roofing or fac;ade elements, so as to improve the functionality,
aesthetics, or safety of the nonconforming use so long as these minor enhancements
do not increase the total allowed FAR or density currently existing or yield an
intensification of the nonconforming use".
Zoning Administrator, Brian Boucher, advised that the change would have a
greater impact than just the Barber and Ross site.
Bob Noe stated it is unfair to consider legislative matters the night they are
proposed.
Mayor Umstattd stated other versions of this proposal have previously been
offered. She wishes to keep Barber and Ross in its current site and not penalize
them for improvements.
Councilmember Martinez stated he is in agreement with the Town Manager
and questioned how critical it is to get this change incorporated into the ordinance
tonight.
Randy Minchew, representing Barber and Ross, stated it is a challenge for his
client to provide storage and roofing cover under the present conditions at their
facility.
Councilmember Buttery suggested tabling this ordinance until the next
meeting.
Councilmember Zoldos stated much time has been spent on the proposed
ordinance and it should be voted on as is.
Mayor Umstattd made a motion to table, seconded by Vice-Mayor .lackson,
adopting the revised zoning ordinance.
The motion to table was adopted by the following vote:
Aye: Jackson, Buttery, Kramer and Mayor Umstattd
Nay.' Schmidt and Zoldos
Abstain: Martinez
Vote: 4-2-1
CONSENT AGENDA
On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the
following consent agenda was proposed:
RE$OLUTTON
2003-22
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Beauregard Estates, Phase V.
Town Council minutes for February 11, 2003 Page 9
RESOLUTION
2003-23
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Potomac Station, Parcel "B".
The consent agenda was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and IViayor
Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following motion was proposed:
RESOLUTTON
2003-24
Communicating utilities and roadway requests regarding the Shellhorn Property to
the Loudoun County Board of Supervisors.
The motion was approved by the following vote:
Aye: Buttery, Kramer, IViartinez, Schmidt, and Mayor Umstattd
Nay: Vice Mayor Jackson and Councilmember Zoldos
Vote: 5-2
On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the
following motion was proposed:
RESOLUTION
2003-25
Approving Change Order #11 to the Conewago Enterprises, ]:nc. contract, in the
amount of $263,785.50, for the Kenneth B. Rollins Water filtration Project.
The motion was approved by the following vote:
Aye: Buttery, Kramer, .lackson, Martinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following motion was proposed:
RESOLUTION
2003-26
Approving Change Order #3 to the Conewago Enterprises, ]:nc. contract for the
Hospital Tank Pumping Station Project.
The motion was approved by the following vote:
Aye: Buttery, Kramer, Jackson, Martinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Town Council minutes for February 1:1, 2003 Paqe ]0
On a motion by Councilmember Buttery, seconded by Councilmember
Martinez, the following motion was proposed:
RESOLUTION
2003-27
Approving Task Order #23 to CH2H Hill General Services Agreement in the amount
of $409,000 for design of the Utility Lines Division Maintenance Facility.
The motion was approved by the following vote:
Aye: Buttery, Kramer, .lackson, Martinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember $chmidt, seconded by Councilmember
Kramer, the following motion was proposed:
RE$OLUTTON
2003-28
Requesting that the Northern Virginia Transportation Commission (NVTC) approve a
$500,000 project at Edwards Ferry Road, NE and the Route 15 Bypass to be funded
by the Governor's Congestion Relief Fund.
The motion was approved by the following vote:
Aye: Buttery, Kramer, Jackson, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Kramer, seconded by Councilmember
Martinez, the following motion was proposed:
RESOLUTION
2003-29
Tnitiating amendments to the Leesburg Zoning Ordinance and Zoning District Map
regarding the Floodplain Protection District and Creek Valley Buffers District and
repealing the F-:i Floodplain District and the Flood Hazard District of the Zoning
ordinance of 1990, as amended.
The motion was approved by the following vote:
Aye: Buttery, Kramer, Jackson, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
L. Boards and Commissions
Councilmember IVlartinez raised the issue of attendance problems by some
commissions.
a. Airport Commission
Councilmember Zoldos stated the commission will meet Thursday,
February 13th and will discuss the hanger lease.
b. Thomas Balch Library Commission
Town Council minutes for February 11, 2003 Paqe ]!
Councilmember Kramer invited Council to attend the National
Underground Railroad award celebration at the Thomas Balch Library on
Saturday, February ~.5th.
c. Board of Architectural Review
Vice-Mayor .lackson discussed a problem with board member
attendance.
d. Cable Commission
Councilmember Buttery echoed Vice-Mayor .lackson's comments.
e. Economic Development Commission
Councilmember Schmidt stated the commission would meet with the
downtown consultants to discuss the business plan on February 2:[st at 7:30
a.m.
f. Environmental Advisory Commission
Councilmember Kramer stated the commission would bring a
worksession item to Council to readdress the refuse contract.
g. :[nformation Technology Commission
No comment
h. Parks and Recreation Commission
No comment
i. Planning Commission
No comment
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
No comment
New business
a. Councilmember Zoldos asked that consideration be given to opening
the street at the cul-de-sac on Fort Evans Road NE. Further, he advised that
the DMV would be reopening in Sterling.
Tom Mason stated that opening Fort Evans Road into the shopping
center would have a large impact on the shopping center and the bypass at
Fort Evans Road.
b. Councilmember Zoldos asked staff to prepare a resolution asking the
Loudoun County Board of Supervisors to forgive the debt of the Leesburg
Volunteer Fire Department for their Plaza Street building.
c. On a motion by Councilmember Schmidt, seconded by Councilmember
Buttery, the following motion was proposed:
RESOLUTZON
2003-30
Participating in the Virginia 2007 Community Program
The motion was approved by the following vote:
Aye: .]ackson, Buttery, Kramer, IVlartinez, $chmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Town Council minutes for February ::[1, 2003 Page
d. On a motion by Mayor Umstattd, seconded by Councilmember Kramer
the following motion was proposed:
Pursuant to section 2.2-3711(A)(1) of the Code of Virginia, T 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 approved by the following vote:
Aye: .lackson, Buttery, Kramer, Martinez, Schmidt, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
Council adjourned the regular session 11:30 p.m. and convened to the closed
meeting.
Council reconvened and on a motion by Mayor Umstattd, seconded by
Councilmember Butter, the following motion was proposed:
]: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 Information Act and such personnel matters as are
identified in the motion by which the closed meeting was convened were
heard, discussed or considered in the meeting by Council.
The motion was approved by the following vote:
Aye: .lackson, Buttery, Kramer, Martinez, Schmidt, and Mayor Umstattd
Nay: None
Vote: 6-1 (Zoldos absent)
On a motion by Councilmember Kramer, seconded by Councilmember
Schmidt, the following motion was proposed:
RESOLUTION
2003-3::L
Authorizing an amendment to the employment contract between the Leesburg Town
Council and Town Manager Robert S. Noe, Jr.
The motion was approved by the following vote:
Aye: Jackson, Kramer, Martinez, Schmidt, and Mayor Umstattd
Nay: None
Vote: 5-:~-1 (Buttery abstaining and Zoldos absent)
The meeting adjourned at 11:50 p.m.
~ C. U-r~'stattd
Mayor, Town of Leesburg
Town Council minutes for February 11, 2003 Paqe ]3
ATTEST:
Cfrk of Council
2003_tcmin0211