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HomeMy Public PortalAbout2003_03_11COUNCIL MEETING March 11, 2003 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Melinda Kramer, Mervin Jackson, Marty Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd. Planninq Commission members present: Chairman Clifton Vaughan, Vice-Chair James Clem, Bridget Bangert, Robert C. Dube, Earl Hoovler, Dave Kennedy, Lyle Werner Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Economic Development Director Betsy Fields, Director of Utilities Randy Shoemaker, Director of Finance Paul York, Director of Planning, Zoning and Development Susan Swift, Airport Director Doug McNeeely, Budget Officer Mike Freda, Chief Purchasing Officer Kathy Elgin, Management and Budget Analyst Bob Berkey, Assistant to the Town Manager Nicole Ard, Management Intern Adam Brown, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Schmidt. B. Salute to the Flag was led by Councilmember Kramer C. Roll Call - all present D. Minutes - On a motion by Vice Mayor Jackson, seconded by Councilmember Martinez, the minutes of the February 10, 2003 Council worksession were approved unanimously with minor edits. On a motion by Councilmember Zoldos, seconded by Councilmember Martinez, the minutes of the February 24, 2003 Council worksession were approved unanimously. On a motion by Vice-Mayor Jackson, seconded by Councilmember Kramer, the minutes of the February 25, 2003 Council meeting were approved unanimously with minor edits. Presentations: a. NTSB Report from the 2003 plane crash. Doug McNeeley discussed information provided by the NTSB on the preliminary report of the March 1st plane crash. Mr. McNeely gave an overview of the responsibilities of the airport and the safety precautions that are taken to assist pilots. He stated Leesburg Airport would be one of the first general airports in the country to receive the GPS watch approach system. This system will be implemented within the next two years. Further, the airport is investigating the possibility of constructing and staffing a full time control tower. Town Council meeting minutes for March 11, 2003 Page 2 Mayor Umstattd asked if the glide scope or transponder would have better enabled pilots to know they are flying too Iow. Mr. McNeely stated the localizing system is very sophisticated and may well have helped. Councilmember Zoldos pointed out there are no facts at this point, just speculation. Lyle Werner addressed Council asking that, for safety reasons, additional homes not be built near the airport runway. b. Proclamation - Women's History Month On a motion by Vice-Mayor ~lackson, seconded by Councilmember Kramer, a proclamation honoring Women's History Month was presented to Til Benny, Katherine Miller, Gladys Burke, and Louetta Watkins. c. Proclamation - Purchasing Month On a motion by Councilmember Zoldos, seconded by Councilmember Martinez, a proclamation for Purchasing Month was presented to Kathy Elgin. d. Certificate of Appreciation - Bob Pulley A certificate of appreciation was presented to Bob Pulley for his service to the Town of Leesburg. :In his absence, Randy Shoemaker accepted on his behalf. F. Petitioners Donald Shea., 305 W. Market Street, stated his regrets for the loss of life in the recent plane crash onto his property. Mr. Shea applauded the response of the federal, state and local officials at the crash site and thanked Mayor Umstattd for her call. Mr. Shea asked that a study be undertaken to see what happened and why, recommendations be made to make the airport safer, and consideration be given to the current demographics of the town with respect to the flight patterns over highly populated areas. Patty Russell, President of Loudoun County Volunteer Rescue Squad, addressed Council. Ms. Russell stated they are undertaking a major rehabilitation of their building. The bank is providing funding and a second trust of $350,000 will be held by Loudoun County. She asked that in addition to the deed of subordination for their site, that Council consider asking the Loudoun County Board of Supervisors to forgive the debt on their building on Catoctin Circle. Farrah Shahi, 20573 Banbury Square, addressed Council asking that they take a stand against war. She stated other Northern Virginia jurisdictions are speaking out for peace and read a resolution they adopted. The petitioner's section closed at 8:34 p.m. Town Council meetinq minutes for March 11, 2003 Page 3 G. 3oint Public Hearing with Planning Commission Special Exception 20032-0~., Leesburg Station Auto Wash (Amendment to Special Exception 200:1.-08) Planning Director, Susan Swift, explained this special exception application that amends Condition #8 of the previous special exception. She stated the proposed new design is not in general conformance with the adopted plan; the design is not in scale and conformance with the surrounding area and with the train station theme. She added the mass of the roof dominates the site scale. There was further discussion about the mass of the roof and how it could be lessened. Councilmember Martinez questioned why we would deny this application because of the roof. Councilmember Zoldos stated the applicant has gone beyond what was required. He asked that Planning Commission consider a vote on the application tonight. The Planning Commission had no questions. The applicant, Thomas .1. Magazzine, stated they proposed an amendment to this special exception to be sensitive to the needs of the community and neighborhood, to eliminate the self-service vacuums, and to make a historic statement on Catoctin Circle. Further, he believes the proposed building can handle the increased scale of the roof. Vice-Mayor .1ackson confirmed that the building site would have a 35-foot buffer from the bike trail. Mayor Umstattd asked the Planning Commission to consider a vote on this application tonight. Mr. Magazzine stated they have conditional zoning approval to start cleaning up the site. Planning Commissioner, Earl Hoovler, verified that the building square footage has increased due to the inclusion of the self-service vacuums. Commissioner Lyle Werner stated there has been a :~0% increase, which caused the roof to get larger. Commissioner Jim Clem thanked the applicant for his cooperation with staff on this application. Commissioner Dave Kennedy stated he is very pleased with the project. Commissioner Bridget Bangert had concerns with setting a precedent by going against the staff recommendation. Commissioner Robert Dube stated we have raised the bar as to what we will ask other applicants to do. Town Council meeting minutes for March 11, 2003 Page 4 Commissioner Clifton Vaughan stated the applicant has been very cooperative and this is an excellent project. There was further discussion as to the delay on this application due to a change of architect and transition with staff personnel changes. Councilmember Buttery stated this issue has just reached Council tonight and he would like the hearing to remain open for 10-days to allow public input. Patty Russell, President of Loudoun County Volunteer Rescue Squad, addressed Council. She thanked the applicant for addressing their concerns adding the roof mass would not be an issue to them. The public hearing closed at 9:30 pm. The Planning Commission convened in the 2nd Floor conference room to discuss this application. H. Council Comments Councilmember Schmidt expressed sympathy to the Doug Foard family for the recent loss of Hrs. Foard. He thanked Representative Frank Wolf for organizing the recent courthouse rally to support our troops. Further, Representative Wolf is working to provide some transportation solutions for Leesburg. He reported on the following actions by the Loudoun County School Board: (1) maintain ownership of the Douglass Support Facility in Leesburg for future school use, (2) provide a lease agreement to the County or Town to use 20 Union Street for government use, (3) pursue an exchange of the North Street offices for an elementary school site in Leesburg, and (4) consideration of naming of HS-2, high school in South Riding, as Freedom High School. Councilmember Schmidt stated he would not be in attendance at the next Council meeting. Councilmember Martinez had no comment. Councilmember Zoldos expressed his sympathy to the families of those who perished in the plane crash. He applauded the police and fire and rescue workers for their efforts during the plane crash. He asked Hr. Noe to report on the status of the O'Connor tract and the response from the County with reference to water and sewer to the Shellhorn site. Vice-Mayor Jackson thanked Paul York, Hike Freda, and Kathy Elgin for their dedicated service to the Town. Councilmember Buttery recognized WAGE Radio on celebrating their 25th anniversary. He thanked them for their contribution to the community. He stated that LAWS (Loudoun Abused Women's Shelter) is seeking donations of phone cards for women in need. Town Council meeting minutes for March 11, 2003 Page Further, the 3unior Women's Club of Loudoun has a community service project whereby they are collecting new and gently worn prom dresses for underprivileged students. Councilmember Buttery extended his condolences to the families of the victims of the plane crash. $E-2003-0~. The Planning Commission reconvened in the Council Chamber at 9:40 p.m. and reported they had suspended their rules and voted on the special exception before them. On a motion by Commissioner Kennedy, seconded by Commissioner Werner, the Planning Commission recommended approval of SE-2003-01, Leesburg Station Auto Wash. The motion was approved on a 7-0 vote. Mayor's Comments Mayor Umstattd reported that she and Calvin Grow had attended the Commonwealth Transportation Board pre-allocation hearing to ask for funding for Leesburg roads. The Mayor asked staff to research the inter-jurisdictional agreement between the Loudoun County Sheriff's Department and Leesburg Police. She reported that she had attended the recent Planning commission retreat. Further, she reported meeting with Brian Cullen regarding the Oaklawn application and indicated they are considering moving the residential component away from the airport runway. The Mayor met with Loudoun Hospital Medical Center team where they indicated they were denied additional beds at their Lansdowne campus. Further, they propose to apply for additional beds at the Cornwall campus. She thanked the 2nd and 5th grade classes at Cool Spring Elementary School for allowing her to read to them. The Mayor voiced her support for our troops. She reported visiting Susan Hower's class at Loudoun Country Day School and read a note from each student stating what they would do if they were Mayor. 3. Manager's Report Bob Noe reported that on March 17TM the Parks and Recreation Department would be testing fireworks. Further, a brochure of Frequently Asked Questions has been distributed through out Town. Mr. Noe addressed the proposed FY 04 budget stating that he is requesting a 25-cent increase in the cigarette tax, a 2% increase in real estate tax, and no new bonds. He thanked staff for their hard work on putting the budget together. Town Council meeting minutes for March 11,2003 Page Mr. Noe turned the meeting over to the Budget Office Mike Freda who presented Council a budget overview. Mr. Freda talked about the external influences on the budget such as the economic slump. The budget reflected a 3% increase in the General Fund, a -4% decrease in the Utility Fund, a 4% increase in the Airport Fund operating and debt fund, a 104% increase in the Capital Fund of which 98% is paid from other funds. He discussed the General Fund Revenues. Further, he outlined the Town Manager's budget recommendations and the additional revenues they would generate for FY 2004. Revenues were proposed as follows: (1) the 25 cent cigarette tax increase - $500,000; (2) the 2 cent real estate increase - $1.1 million; (3) a user fee increase - $100,000; (4) reallocation of surplus capital project funds - $705,000; (5) and increased use of Uran Funds - $496,000. He stated the impact of a one-cent tax increase on the home tax bill would amount to $2.08 per month. Further, other local taxes are driven by the economy. Mr. Freda outlined the FY 2004 General Fund expenditures, the debt service, and new staffing initiatives. Mr. Freda advised the budget public hearing is proposed for April 8, 2003. K. Legislation ORDINANCES None CONSENT On a motion by Vice-Mayor Jackson, seconded by Councilmember Kramer the following consent motion was proposed: RE$OLUT:I:ON 2003-42 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Lansdowne on the Potomac Phase III, Section 44. The motion was adopted by the following vote: Aye: Buttery, Kramer, .lackson, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA None L. Boards and Commissions a. Airport Commission Councilmember Zoldos reported the next Airport Commission would be held March 13th at 7:30 p.m. Town Council meeting minutes for March 11, 2003 Page 7 b. Thomas Balch Library Commission No comment c. Board of Architectural Review No comment d. Cable Commission Councilmember Hartinez reported that he would be appointing Lawrence Schonberger to fill a vacancy on this commission. e. Economic Development Commission No comment f. Environmental Advisory Commission Councilmember Zoldos reported that he is considering candidates for a vacancy on this commission. g. Information Technology Commission No comment h. Parks and Recreation Commission Mayor Umstattd reported that the Loudoun County Board of Supervisors is moving forward with an early opening and development of Phil Bolen Park. i. Planning Commission No comment j. Tree commission No comment k. Standing Residential Traffic Committee No comment New Business a. Rescue Squad Deed of Subordination On a motion by Councilmember Buttery, seconded by Councilmember Kramer, the following motion was proposed: RESOLUT:~ON 2003-43 Authorizing the Mayor to execute a deed of subordination to facilitate the expansion and renovation of the Loudoun County Volunteer Rescue Squad's facility on Catoctin Circle. The motion was adopted by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Town Council meeting minutes for March 11, 2003 Page b. Rescue Squad Deed of Subordination RESOLUTZON Requesting the Loudoun County Board of Supervisors forgive the construction loan to the Loudoun County Volunteer Rescue Squad for the Catoctin Circle Station Councilmember Martinez suggested further discussion before voting on this issue. Councilmember Zoldos, seconded by Vice-Mayor .lackson, made a motion to suspend the rules and vote on this issue tonight. Councilmember Martinez stated it is premature to forward this to the Loudoun County Board of Supervisors at this time, as the loan is not approved yet. Councilmember Buttery stated he would like some clarification with the new procedures established by Council for new business items, as he does not think it is good idea to continually suspend the rules. Bill Donnelly stated the rule established concerning new business items could be suspended by a majority vote. The motion to suspend failed by the following vote: Aye: Jackson, Schmidt, and Zoldos Nay: Buttery, Kramer, Martinez and Mayor Umstattd Vote: 3-4 This item will return in two weeks for consideration by Council. c. Special Exception 2003-01, Leesburg Station Auto Wash (Amendment to Special Exception 2001-08) Councilmember Zoldos, seconded by Councilmember Schmidt, made a motion to suspend the rules and vote on this special exception. Councilmember Buttery stated it is important to follow our procedures and keep a public hearing open for 10-days to allow for citizen input. Councilmember Kramer stated she agrees but will support this application. Bill Donnelly stated this public hearing has met all of the legal notice requirements as well as notification of adjacent property owners; therefore, it would be appropriate to suspend the rules by a super majority vote. The Mayor stated the previous public hearing for this application was fundamentally the same. Town Council meeting minutes for March 11, 2003 Paqe 9 The motion to suspend the rules was approved by the following vote: Aye: Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: Buttery Vote: 6-1 Councilmember Kramer, seconded by Councilmember Buttery, made a motion to approve Special Exception 2003-01, Leesburg Station Auto Wash (Amendment to Special Exception 2001-08). Councilmember Schmidt suggested the inclusion of a provision that the change is in general conformance with the plan prepared by Cooke Studio. The motion was adopted by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 4. Alternative Name for High School Site #2 Councilmember Schmidt, seconded by Councilmember IVlartinez, proposed the following resolution: RESOLUT:~ON 2003-44 Encouraging the Loudoun County School Board to use an alternative name other than Freedom High School for High School Site #2. The motion was adopted by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, and Zoldos Nay: Mayor Umstattd Vote: 6-:~ Councilmember Zoldos asked the Town Manager why three positions have been frozen? Mr. Noe stated that the planning director didn't need one of the current planning positions and the others were eliminated because of budget cuts. Councilmember Zoldos suggested that the planning department would need the extra planner for help on the Town Plan revisions. Further, Councilmember Zoldos asked the status of the O'Connor site and whether Loudoun County would accept it as the final school site. Bob Noe stated that the last he has heard the County would honor this as the final site. Secondly, Councilmember Zoldos asked the status of the Shellhorn tract with respect to water and sewer. Mr. Noe stated a letter has been received from the County Administrator appealing our request. Town Council meeting minutes for March :11, 2003 Paqe ]0 Mayor Umstattd said the County knows our position and it is up to them whether they want to pursue a boundary line adjustment. The meeting adjourned at :1:1:00 p.m. K r ~'i~e~C.' Ums~attd, Town of Leesburg ATTEST: k of Council 2003_tcmin311.doc