HomeMy Public PortalAbout2003_04_08COUNCIL MEETING April 8, 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.
Councilmembers Absent: None
Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy
Town Manager Phillip Rodenberg, Finance Director Paul York, Director of Economic
Development Betsy Fields, Airport Director Doug McNeely, Director of Engineering
and Public Works Tom Mason, Zoning Administrator Brian Boucher, Management/
Budget Officer Mike Freda, Tourism Coordinator Marantha Edwards, Budget Analyst
Bob Berkey, Assistant to the Town Manager Nicole Ard, and Clerk of Council Judy
Ahalt.
AGENDA ITEMS
A. :l:nvocation by Mayor Umstattd
Salute to the Flag was led by Boy Scout Troop 1550 and Girl Scout Troop
4702
C. Roll Call showing all present.
D. Minutes:
On a motion by Councilmember Zoldos, seconded by Councilmember
Martinez, the minutes of the March 24, 2003 worksession were approved with a
minor edit my Councilmember Buttery by a 6-0-1(Schmidt abstaining) vote.
On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the
minutes of the March 25, 2003 regular session were approved by a 6-0-1 (Schmidt
abstaining) vote.
Em
Presentations
a. Business Development Strategy - Arnett Muldrow
Karen Jones, Chairman of the Leesburg Economic Development
Commission, introduced Mr. Tripp Muldrow of Arnett Muldrow.
Mr. Muldrow outlined the six strategies for this program which are: (1)
Hometown Downtown: a Place for Leesburg Residents, (2) The Seamless
Experience: A Visitor Strategy, (3) Expanding Downtown: Crescent District &
Market East, (4) A New Market for Leesburg: Live/Work/Play, (5) Leesburg
Heritage: Celebrating & Preserving Character and (6) Getting the Job Done:
Organizing for the Future.
He outlined the various elements of these and their individual
implementation schedules through 2010.
Councilmember Kramer commented that she is very excited about this
plan and would like further information regarding developing grants.
Town Council minutes for April 8, 2003 Page 2
Mayor Umstattd congratulated the Economic Development Commission
and stated she is very proud of what they do.
b. Certificate of Appreciation - Donald W. Devine
This certificate was presented to Mr. Donald W. Devine for his dedicated
service to the Town of Leesburg and the Board of Zoning Appeals
for the period December 1991 through March 2003. The certificate was
approved on a motion by Councilmember Buttery, seconded by Vice-Mayor
Jackson, by a 7-0 vote. Mr. Devine was not in attendance.
c. Proclamation - Arbor Day
On a motion by Councilmember Martinez, seconded by Councilmember
Buttery, the following proclamation was approved by a 7-0 vote:
PROCLAIVlA TZON
ARBOR DAY
APR]:L 12, 2003
WHEREAS, in 1872.1. Sterling Morton proposed to the Nebraska
Board of Agriculture that a special day be set aside for the planting of trees;
and
WHEREAS, this special day, called Arbor Day, was first observed with
the planting of more than a million trees in Nebraska; and
WHEREAS, trees can reduce the erosion of topsoil, moderate
temperature, reduce heating and cooling costs, clean the air, and produce
oxygen; and
WHEREAS, trees in our town increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, the Town of Leesburg has been recognized as a Tree City
USA by the National Arbor Day Foundation for fourteen consecutive years and
desires to continue its tree planting ways.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim April 12th as the official Arbor Day of the Town of
Leesburg for 2003.
PROCLAIHED this 8th day of April 2003.
This proclamation was presented to Ms. loan Rokus, Chairman of the
Leesburg-Loudoun Arbor Day Celebration and to Mr. Bill Wolf, Chairman of
the Leesburg Tree Commission.
d. Proclamation - Earth Day
On a motion by Vice-Mayor .Jackson, seconded by Councilmember
Martinez the following proclamation was approved by a 7-0 vote:
Town Council minutes for April 8, 2003 Paqe 3
PROCLAhfA TZON
EARTH DA Y
APRIL 22, 2003
WHEREAS, then U.S. Senator Gaylord Nelson proposed the first Earth
Day, which took place on April 22, 1970, in which 20 million Americans took to
the streets to demonstrate for a healthy, sustainable environment; and
WHEREAS, the 1970 celebration of Earth Day kindled the bi-partisan
support which lead to the creation of the Environmental Protection Agency and
the passage of the Clean Air, Clean Water and Endangered Species Acts; and
WHEREAS, Senator Gaylord Nelson was later awarded the Presidential
Medal of Freedom for his role as Earth Day founder; and
WHEREAS, Earth Day has become a world-wide celebration joining
over 5,000 environmental groups and reaching hundreds of millions of people
in over 184 countries; and
WHEREAS, Virginia is home to many organizations who tirelessly work
for environmental preservation and conservation; and
WHEREAS, numerous Earth Day celebrations will take place in our area
including celebrations at Lincoln Elementary and Loudoun Country Day School
as well as the Potomac Conservancy's Earth Day Festival; and
WHEREAS, education is the best way to combat the environmental
issues facing us today.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim April 22nd of the Year 2003 as Earth Day in the Town of
Leesburg and urge the citizens of Leesburg to support local environmental
organizations and do their part to ensure a cleaner, healthier and diverse world
for the generations to come.
PROCLAZMED this 8th day of April 2003.
This proclamation was presented to rvls..loan Rokus on behalf of Keep
Loudoun Beautiful President Shirley Pearson and to Mr. Bill Repogle, Chairman
of the Leesburg Environmental Advisory Commission.
e, Resolution of Support for our United States Armed Forces
On a motion by Councilmember Schmidt, seconded by Councilmember
Zoldos, the following resolution was approved by a 7-0 vote:
Town Council minutes for April 8, 2003 Paqe 4
RESOLUTZON OF SUPPORT
FOR OUR UNZTED STATES ARMED FORCES AND THE .TUST
CAUSE FOR WHZCH THEY HAVE BEEN DEPLOYED
WHEREAS, hundreds of thousands of young men and women make
the decision to serve the United States of America in the armed forces each
year; and
WHEREAS, many of our troops have been deployed for Operation
Iraqi Freedom and other military operations throughout the world; and
WHERAS, the United States of America has declared war on terrorism
and those states which harbor it; and
WHEREASf our Nation has committed our troops to the noble cause of
liberating the people of Traq from the tyrannical rule of a brutal dictator; and
WHEREAS, numerous families in Leesburg and across the nation have
been affected by the recent deployments; and
WHEREAS, we encourage and support the efforts of Leesburg
business owners and citizens who have made great strides to support our
armed forces members and their families.
THEREFORE, RESOLVED the Mayor and Council of the Town of
Leesburg in Virginia hereby express our support to the men and women of
our United States Armed Forces and our allies, as well as their families, for
the just cause for which they are sacrificing, and the citizens and business
members of our community who provide their resources in support of our
troops and their families.
PASSED this 8t_~h day of April 2003.
F. Petitioners
Sherry Bucher, 18294 Channel Ridge Rd, stated she is currently the owner of
a cheerleading company in Sterling and would like to relocate to Leesburg when her
lease expires. She explained that the nature of cheerleading requires a facility with
a 22 ft. ceiling. All facilities available which would meet their space needs are zoned
T-1. Her business is considered instructional and allowed in the B-2, 3, or 4 Zoning
District. She stated she would like to request special exception to move into space
zoned :[-1 on Miller Drive.
Mayor Umstattd asked Ms. Bucher to provide her phone number to the clerk
and stated the Town Manager or Zoning Administrator would be in touch with her.
Further, she requested a report from the Zoning Administrator to be put on the
worksession for April 21st.
Peggy Coleman, 209 Pathway Court, stated she is here to support the 2003
budget line item for traffic calming in Southwest Leesburg. She requested three
separate traffic calming devices at Bradfield Drive and Country Club, Hague Drive
and Meade Drive and finally between Moore Place and Greenway Drive.
Town Council minutes for April 8, 2003 Page
Michael DeMonte, 206 Lawnhill Court, stated as the president of the
Greenway Farms Homeowners Association he is requesting Council support for traffic
calming in his neighborhood.
Diane Nastase., 401 Meade Drive, stated the 4-way stop at Meade Drive and
Lawford Drive is not sufficient due to excessive speeding. She stated the need for
further improvements to protect the safety of the children in that area.
Kelly Young, 403 Meade Drive, asked Council to support traffic calming
measures on her street. She further stated their needs to be increased public
awareness regarding speeding on Meade Drive.
Darcy Gore, 1450 Hague Drive, addressed Council asking for a crosswalk at
the intersection of Hague Drive and Meade Drive.
Marcia Brown, 1022 Rollins Drive, addressed Council asking for traffic calming
measures on Country Club Drive.
Leonard McDonald, 201 Pershing Avenue, thanked Council for passing the
proclamation to support the troops. Further, he encouraged the proposed increase
in the cigarette tax and asked that the brewpub special exception be denied.
addition, he asked Council to fund the Wilson/Pershing Project.
Mr. McDonald stated millions of tax dollars were lost by not passing the
annexation.
Colleen Morris., 223 N. King Street, addressed the traffic problems on North
King Street and further asked that Council fund Capital Project #56 - North King
Street storm drainage. She stated the flooding in her back yard has cost her money
in landscaping and has become a breeding ground for mosquitoes.
David Dodds, 225 N. King Street, asked Council to fund Capital Project #56
stating that he has been waiting for drainage relief on N. King Street since 1975.
Peggy Saunders, Pershing Avenue, asked Council to fund the Wilson/Pershing
Tmprovement project. She stated the streets are so bad that the County will not
bring the school busses down their street to pick up the middle and high school age
children.
Kevin Wright, 109 Pershing Avenue, addressed Council regarding the proposal
by the County that the town swap their school site obligation in exchange for a
utilities extension. He stated he is concerned with the town being required to build
another school site, beyond what was required by the AADP or being placed in the
position of extending utilities lines without a Boundary Line Adjustment. He stated
either of these actions would set a dangerous precedent, which would be hard to
defend in the instance of a future request.
Bob Hall., 218 N. King Street, asked that Council move Capital Improvement
Project #56 up to Fiscal Year 2004.
Public Hearing
a. Proposed Budget for Fiscal Year 3uly :L~ 2003 - 3une 30, 2004.
The public hearing opened at 9:2! p.m.
Town Council minutes for April 8, 2003 Page
Mike Freda provided an overview of the budget, revenues and
expenditures. He outlined the manager's recommendations and explained the
effect of a tax increase on the average citizen and the situation with the
current debt service.
Liz Whiting, 241 Edwards Ferry Road, NE, stated she is here on behalf
of the Standing Residential Traffic Committee to ask for $50,000 for traffic
calming in the next fiscal year. She outlined the accomplishments of the
committee in the past year including the parking lane on Clubhouse Drive,
the fence on the Route 15 Bypass to discourage pedestrian traffic and the
crosswalk at the county office building.
Further, Iris. Whiting stated, in the coming year, the committee hopes to
initiate a bicyclist/pedestrian safety campaign, traffic calming in the
Southwest, landscaping at Plaza Street and Edwards Ferry Road and
pedestrian crossing improvements in the Southeast.
Councilmember Schmidt stated the textured crosswalks don't give the
feeling of slowing down. He further stated the residents of the Southwest are
asking for crosswalks similar to the ones at the county office building on
Harrison Street and Loudoun Street, SE.
Councilmember Zoldos complimented the Standing Residential Traffic
Committee and asked the cost of the crosswalk at the county office building.
Ms. Whiting stated the cost of the crosswalk was approximately $5,000.
Councilmember Buttery complimented the committee as well.
Councilmember Kramer stated a sidewalk comprehensive plan is
needed.
IVlayor Umstattd verified that CIP Project # 24 outlines the specific
requests of the committee.
The public hearing closed at 9:48 p.m.
bm
Proposed Real Property Effective Rate
The pubic hearing opened at 9:48 p.m.
There were no speakers.
The public hearing closed at 9:53 p.m.
Proposed Cigarette Tax :Increase
The public hearing opened at 9:55 p.m.
There were no speakers.
The public hearing closed at 9:56 p.m.
Town Council minutes for April 8, 2003 Page 7
Proposed Redistribution of General Obligation Bond, Series
200~.
The public hearing opened at 9:56 p.m.
There were no speakers.
The public hearing closed at 9:57 p.m.
ew
SE-2OO2-:LO - Leesburg Brewing Company
The public hearing opened at 9:58 p.m.
Nancy Kitchens outlined this proposal by Leesburg Brewing Company
to brew beer on site at the Leesburg Plaza Office Building on Catoctin Circle.
Further, she stated staff is recommending approval with the following
conditions: (1) approval of SE-2002-:10 Leesburg Brewing Company does not
express or imply any waiver or modification of the requirements set forth in
the Subdivision and Land Development Regulations, the Zoning Ordinance, or
the Design and Construction Standards Manual. Final plats, development
plans, and construction drawings are subject to the applicable town
regulations; (2) the applicant shall be in conformance with the special
exception plat prepared by William H. Gordon & Associates, :[nc. and dated
4/9/01; (3) the applicant will screen the dumpster with an opaque material to
a height of six feet on three sides and by a gate at least five feet in height on
the fourth side; (4) the applicant will utilize a typical non-venting installation
where the stack condenser uses water to cool the steam and causes it to
condense to a liquid that is piped to the sanitary sewer; and (5) the applicant
will be in conformance with all State Health Department and State
Department of Environmental Quality regulations.
Pastor Eugene Nichols, Loudoun Baptist Temple, 412 Edwards Ferry
Road, stated his objection to the brewpub on behalf of his congregation. He
stated it is not appropriate to have a brewery within sight of the church.
Jack Williams, 401 Edwards Ferry Road, stated his property adjoins the
brewpub and expressed his support for it. Further, he stated the applicant
has done everything possible to accommodate the neighbors.
Larr Kelly, 404 Edwards Ferry Road, stated his support for the
applicant. He stated the brewpub will be good for the Town and will draw in
more visitors.
Ed Bradfield Davidson, 15262 Montrosser Road, stated his support for
the brewpub and its potential to bring visitors into the town.
The public hearing closed at 10:18 p.m.
H. Council Comments
Councilmember Schmidt stated it was good to have Leonard McDonald with
us. He thanked Council for passing the resolution in support of the troops and the
cause for which they have been deployed. He also complimented Kaj Dentler and his
staff on the Freedom Park Dedication Ceremony stating it is a first class park.
Town Council minutes for April 8, 2003 Page 8
Further, Councilmember Schmidt encouraged public comment on the
downtown business strategy, budget and the brewpub application.
Councilmember Martinez stated the opening ceremony for Freedom Park was
wonderful and the fields were dedicated to quality people. Further, he commented
on the Economic Development Commission's involvement with the Business
Development Strategy and its incorporation into the Town Plan. He also thanked the
Boy Scout and Girl Scout troops for leading the Council in the pledge.
Further, Councilmember Martinez stated there should be a town policy to
have signs posted in both Spanish and English.
Councilmember Zoldos reminded citizens of the new visitor center in Town
Hall which will be open on Saturdays and Sundays and will provide public restrooms.
He thanked the town staff for their hard work in putting this together. Further, he
reminded residents of the Arbor Day Celebration on April 12th from 10:00 a.m. to
3:00 p.m. at Banshee Reeks Park and Bike to Work Day on Friday, May 2nd.
Further, he complimented staff on the opening ceremony for Freedom Park
stating that the honorees were most deserving. He also thanked many people who
helped to push through the applications for the park and those who helped in
acquiring the land.
Vice-Mayor Jackson stated he enjoyed the opening ceremony for Freedom
Park,
Councilmember Buttery echoed Council comments with regards to the
opening of Freedom Park. He reminded residents of the semi-annual Loudoun
Border Guard Fife and Drum Corps Muster on May 2nd - 4th with a parade on May 3rd.
Further, he stated the town is already progressing towards some of the goals
outlined by Arnett Muldrow with programs such as the Gallery Walk, which will occur
again on May 2nd.
Councilmember Kramer stated the Freedom Park opening was wonderful as
was the Gallery Walk and the ribbon cutting.
I~layor's Comments
Mayor Umstattd echoed the comments on the Freedom Park opening and
complimented Kaj Dentler and Judy Weber. She also thanked Delegate Joe May and
Supervisor Mark Herring for attending. Further, she thanked Phil Rodenberg and
Judy Ahalt for their work with the visit by the Scottish Exchange Students.
Mayor Umstattd advised residents of the Rally in Support of the Troops
tomorrow afternoon at 3:00 p.m. at Loudoun County High School. Further, she
commented on the cross-section of ethnic diversity of the men and women who have
died in service to this Country.
Manager's Report
Bob Noe had no report.
Town Council minutes for April 8, 2003 Page 9
K. Legislation
On a motion by Vice-Mayor .lackson, seconded by Councilmember Martinez,
the followinq consent agenda was proposed:
CONSENT AGENDA
RESOLUTION
2003-53
Making a reduction and approving a substitute performance guarantee and
authorizing a time extension for completion of the public improvements at Leesburg
Gateway Condos.
RESOLUTION
2003-54
Making a reduction of the performance guarantees for public improvements installed
in River Creek Phase 1, Sections 3 & 4; Phase III, Sections 2, 3 & 5; Phase IV,
Section lB; Phase V, Section 1 Shoal Creek Drive; Phase V, Section 2, 3 & 4; and
Phase V:[]~, Sections 2 & 3.
RESOLUTION
2003-55
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Beauregard Heights.
RESOLUTION
2003-56
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at the Middleburg Bank Office
Building.
The consent agenda was approved by the following vote:
Aye: Buttery, Kramer, ,lackson, Martinez, Schmidt, and Zoldos
and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following motion was proposed:
RESOLUTION
2003-57
Approving the Town/VDOT agreement for the East Market Street Widening project
and authorizing the Town Manager to execute this agreement.
The motion was approved by the following vote:
Aye: Buttery, Kramer, .lackson, Martinez, Schmidt, and Zoldos
and Mayor Umstattd.
Nay: None
Vote: 7-0
On a motion by Councilmember Buttery, seconded by Councilmember
Martinez, the following motion was proposed:
Town Council minutes for April 8, 2003 Paqe 10
RE$OLUTTON
2003-58
Hiring outside legal counsel to advise the Town Council on personnel matters relating
to the Town Manager and Town Attorney.
The motion was approved by the following vote:
Aye: Buttery, Kramer, Martinez and Mayor Umstattd
Nay.' Jackson, $chmidt and Zoldos
Vote: 4-3
Boards and Commissions
a. Airport Commission- Councilmember Zoldos reported the next
meeting, April 10th, would have a heavy agenda and comments from the
Honorable Joe May.
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
d. Cable Commission
No comment.
e. Economic Development Commission
No comment
f. Environmental Advisory Commission
No comment
g. Information Technology Commission
No comment
h. Parks and Recreation Commission- Councilmember Martinez stated
the commission would be discussing their Capital Improvement Project
priorities at their meeting on April 12th,
i. Planning Commission
No comment
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
No comment
New Business
a. FAA Report
Councilmember IVlartinez stated he would like to have a formal report
from Barry Barbini, of the Federal Aviation Administration, at the next Council
meeting.
The meeting adjourned at 10:41 p.m.
"~-q'e~'k of Council
'---K-Fist'~n C. Umstattd, Mayor Town of Leesburg
2003_tcmin0408.doc