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HomeMy Public PortalAbout2003_05_28COUNCIL MEETING May 28, 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. Staff Present: Assistant to the Town Manager Nicole Ard, Town Attorney William Donnelly, Director of Engineering and Public Works Tom Mason, Director of Finance Paul York, Director of Utilities Randy Shoemaker, Airport Director Doug McNeely, Deputy Director of Utilities Aref Etemadi, Zoning Administrator Brian Boucher, Police Lieutenant Jeff Dube, Management/Budget Officer Mike Freda, Planner Nancy Kitchens, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Martinez. B. Salute to the Flag was led by Vice-Mayor Jackson. C, Roll Call showing all present. D. Minutes: On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the minutes of the May 12, 2003 worksession were approved by a 7-0 vote with a minor adjustment by Councilmember Schmidt. On a motion by Councilmember Buttery, seconded by Councilmember Martinez, the minutes of the May 13, 2003 regular meeting were approved by a 7-0 vote with minor edits. Presentations: a. Proclamation - 11th Annual National Trails Day On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos, the following proclamation was approved by a 7-0 vote and presented to Jennifer Montgomery of the Parks and Recreation Department. PROCLAMATION 11th ANNUAL NATIONAL TRAILS DAY 3UNE 7, 2003 WHEREAS, the American Hiking Society has established June 7, 2003 as the 11th Annual National Trails Day; and WHEREAS, this recognition is endorsed by the Northern Virginia Regional Park Authority which encourages all Northern Virginia municipalities to participate; and WHEREAS, the Town of Leesburg recognizes the importance of developing and maintaining a trails system in our community; and Town Council meetinq minutes for May 28, 2003 Page 2 WHEREAS, trails systems connect people, parks, and communities while enhancing the natural environment. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim Saturday, June 7th of the year 2003 as the 11th Annual National Trails Day and encourage the citizens of Leesburg to celebrate by participating in their choice of activities and experiences using our public trails system. PROCLATMED this 28th day of May 2003. b. Resolution of Appreciation - Parks and Recreation Department On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the following resolution of appreciation was approved by a 7-0 vote and presented to Jennifer Montgomery and Tom Parker of the Parks and Recreation Department. RESOL UTZON OF APPRECZA TZON PARKS & RECREATZON DEPARTMENT AND SENNZFER MONTGOMERY WHEREAS, on April 26-27, 2003 the 13th Annual Leesburg Flower and Garden Festival was held in downtown Leesburg; and WHEREAS, this event brings thousands of visitors to the downtown each year; and WHEREAS, Leesburq Today has requested a resolution praising the efforts of the Town's Parks & Recreation Department staff, and in particular Jennifer Montgomery for her close work with the downtown businesses; and WHEREAS~ the staff of the Parks & Recreation Department continues to do a remarkable job in organizing and executing this event every year; and WHEREAS, many Parks & Recreation Department staff members played a vital role in the organization and execution of the festival including Jay AIIred, Kim Castel, Lynn Condon, Kaj Dentler, Twila Dew, Michelle Dick, Dave Evans, George Fatseas, Bill Ference, Katie Jackson, E.J. Jackson, Amber Janak, Karl Konopa, Tommy Kulas, Pat Lockhart, Jason Lucas, Justice Michlena, Jennifer Montgomery, Ben Morrell, Lee Nichols, Jessica Parker, Tom Parker, Jeremy Payne, Anne Rose, Lisa Smith, Sean Stevens, Judy Weber and Rich Williams. THEREFORE, the Mayor and Town Council of Leesburg in Virginia hereby honor the dedication and professionalism of Ms. Montgomery and the Parks & Recreation Department for their involvement with the 13th Annual Leesburg Flower and Garden Festival. RESOLVED this 28th day of May 2003. Town Council meeting minutes for May 28, 2003 Page 3 c. Resolution of Appreciation - Street Department On a motion by Councilmember Zoldos, seconded by Councilmember Buttery, the following resolution of appreciation was approved by a 7-0 vote and presented to Tom Mason on behalf of the Street Department. RESOLUTION OF APPRECIATION STREETS DIVISION WHEREAS, on April 26-27, 2003 the 13th Annual Leesburg Flower and Garden Festival was held in downtown Leesburg; and WHEREAS, this event brings thousands of visitors to the downtown each year; and WHEREAS, the staff of the Streets Division work long hours to ensure the town's streets are properly maintained during special events; and WHEREAS, the staff of the Streets Division continue to do a remarkable job in maintaining the beauty of the downtown during this event every year; and WHEREAS, many staff members of the Streets Division played a valuable role in the preparation and execution of the festival including: Bill Allison, Eddie Brown, Alfred Burke, Lou Chetosky, James Cockrell, Ricky Cooper, Robert Farris, Larry Fleming, Joe Hobbie, Lonnie Jackson, Bob Kelley, Charles Lanham, Melvin Lucas, Steve Lucas, .lackie Mabe, .1.C. Pearson, Brian Roberts, Mike Russell and Jason Ziemann THEREFORE, the Mayor and Town Council of Leesburg in Virginia hereby honor the dedication and professionalism of the Streets Division for their involvement with the 13th Annual Leesburg Flower and Garden Festival. RESOLVED this 28th day of May 2003. d. Resolution of Appreciation - Police Department On a motion by Councilmember Zoldos, seconded by Councilmember Buttery, the following resolution of appreciation was approved by a 7-0 vote and presented to Lt. Jeff Dube of the Leesburg Police Department. RESOLUTION OF APPRECIATION LEESBURG POLICE DEPARTMENT WHEREAS, on April 26-27, 2003 the 13th Annual Leesburg Flower and Garden Festival was held in downtown Leesburg; and WHEREAS, this event brings thousands of visitors to the downtown each year; and Town Council meetinq minutes for May 28, 2003 Page 4 WHEREASf the staff of the Leesburg Police Department works to ensure the safety of visitors to the town during special events; and WHEREAS, the staff of the Leesburg Police Department continues to do a remarkable job in assisting with this event every year; and WHEREAS, the following Leesburg Police department officers played a vital role in providing for the safety of the thousands attending the festival: Lieutenant .left Dube, Officer Bill Costanzo, Officer Greg Parsons, Officer David Payne, Officer Chris Tidmore and Officer ]. D. Spurlock. THEREFORE, the Mayor and Town Council of Leesburg in Virginia hereby honor the dedication and professionalism of the Leesburg Police Department for their involvement with the 13th Annual Leesburg Flower and Garden Festival. RESOLVED this 28th day of May 2003. Councilmember Zoldos added that this year's Flower and Garden Festival was the best that Leesburg has had. Mayor Umstattd echoed Councilmember Zoldos' comments. Petitioners: The petitioner's section opened at 7:50 p.m. Rod Huebbers - Loudoun Hospital Center Mr. Huebbers addressed Council thanking them for their support of the Cornwall Campus as a community hospital. He stated their development team has recommended a future acute care use at the facility. Tnitially, they will have 33 beds available and are asking for a Certificate of Need for additional beds. Further, he stated that they plan to begin with $5,000,000 of infrastructure improvements. Council responded with strong support for the improvements to the Cornwall Campus and thanked Mr. Huebbers for keeping them informed. There were no additional petitioners. The petitioner's section closed at 8:00 p.m. Public Hearings a. SE-2002-08, expansion of the existing child care center at Holy Trinity Lutheran Church, 605 W. Market Street This public hearing was postponed until ~lune 24, 2003. This postponement was due to the applicant's failure to notify adjoining property owners. b. SE-2002-05, Child Day Care Center at 8:[8 S. King Street This public hearing opened at 8:02 p.m. Town Council meeting minutes for May 28, 2003 Page Nancy Kitchens provided an overview of this application. She stated the four major discussion topics were (1) masonry wall for fencing, (2) speed tables, (3) number of employees per child, and (4) frontage improvements. She slated the Planning Commission has recommended approval with 13 conditions. There were no petitioners for this application. Councilmember Schmidt verified the entrance and exit are on Davis Court. Councilmember Zoldos verified the setback from the creek is 80 feet. Councilmember Buttery asked if staff comment #2 refers to the Izaak Walton Bridge? Ms. Kitchens said it does, but the frontage improvements will be along Davis Court and Rt. 15. Councilmember Buttery verified comment #2 that states the applicant's responsibility for full frontage improvements may be waived or modified by an approved variance request. Nancy Kitchens stated if the variance is not approved the applicant would have to return to Council for an amendment to the special exception. Brian Boucher stated this condition reserves the right to ask for a variance from the Planning Commission. Bill Donnelly stated the intention is to allow the Planning Commission to later waive or modify the full frontage requirements during the review of the site plan without having to amend the special exception to delete or revise the full frontage required in the special exception conditions. Kim Welsh Cumminqs, with Walsh Colucci, addressed Council stating that they have posted the property and notified adjacent property owners. She added the wall at the site would be masonry. Further, the Planning Commission has denied a variance request. She stated childcare is a permissible use in this shopping center. Councilmember Kramer verified the childcare provider has yet to be selected. There were no petitioners for this public hearing. The public hearing closed at 8.'25 p.m. Councilmember Buttery asked that the town attorney provide in written form his comments with reference to the variance waiver language. Town Council meetinq minutes for May 28, 2003 Page 6 H. Council Comments: Dave Schmidt thanked the IVlayor and the Marines for putting together the Memorial Day ceremonies. He thanked Colonel Fox for the excellent keynote speech at the festivities. He stated that Balch Library should consider Colonel Fox as a presidential historian. Councilmember Schmidt disclosed a meeting with the applicant of Oaklawn at Stratford. He thanked the diZerega-Cook family for placing the Rock Springs Farm under a conservation easement. He said this action is in contrast to the County's PDR Program whereby tax dollars are used to delay development for 30 years. Further, he advised the Wilson/Pershing residents that the street improvements issue would be addressed at the first meeting in June. Marry Martinez echoed Councilmember Schmidt's comments on the Memorial Day ceremonies. Further, he stated the Cornwall Campus expansion is positive for the citizens of Leesburg. Bob Zoldos congratulated all involved in the Memorial Day ceremonies, stating it was a beautiful ceremony. He congratulated Perry Ballard for winning the World Welterweight Title and asked that a Certificate of Recognition be prepared for the next Council meeting. Councilmember Zoldos congratulated Phil Rodenberg on his new position with the City of Fredericksburg and asked that staff advertise for his replacement immediately. He expressed displeasure with the Town Manager and Deputy Town Manager being on leave at the same time. Further, he stated he does not agree with the Town Manager signing the Moose contract without approval by Council. Councilmember Zoldos asked Council to move forward with a decision on the Wilson/Pershing street improvements. Further, he stated he would be presenting a briefing on a town flag under new business. Vice-Mayor Jackson had no comments. Frank Buttery congratulated Phil Rodenberg on his new position with Fredericksburg stating it is the town's loss. He stated he has received numerous comments on the great job that Jennifer Montgomery did with the Flower and Garden Festival. Further, he commented on a job well done by Bill Allison and John Creamer. Councilmember Buttery stated the Memorial Day ceremonies were well attended and moving. He commented the entire Council participated, as well as participation by the Loudoun County High School Band. Town Council meeting minutes for May 28, 2003 Page ? He recognized the diZerega family for their efforts in placing part of the family property into a conservation easement. Councilmember Kramer also echoed the efforts and success of the Memorial Day ceremonies. She suggested a sign be placed on the diZerega property reflecting the conservation easement. I~la¥or's Comments: Mayor Umstattd echoed the comments of other Council members. She commented on the Cook/diZerega property being placed in a conservation easement and that it will benefit the Town in perpetuity. The Mayor stated that she, Councilmember Martinez and Vice-Mayor Jackson attended the Employee Recognition and Awards Ceremony hosted by the Human Resource Department. Awards were presented as follows: Robert Farris and Scott Lincoln for Customer Service, the Water Pollution Control Division and Steve Cawthorn for Tnnovation; Safety and Health Committee for Safety. Also, recognized were Kathy Elgin for her awards from the Virginia Association of Governmental Purchasing, Jay Banks for his Tree City USA achievement, Mike Freda for his Distinguished Budget Presentation Award, Paul York for his Excellence in Financial Reporting Award, .lane Sullivan and Balch Library for their Award of Merit from the American Tnstitute of Architects, Tom Mason and the Engineering and Public Works Department for the Community Appearance of Northern Virginia Award for S. King Street and Delane Parks for his EST Quality Plan Revision Award. Awards were also given out at the ceremony for 5, 10, :[5,and 20 years of service. She thanked Dona Wolf and the awards committee for their efforts to re- energize the employee awards program. Further, she thanked those people who participated in the Memorial Day ceremony, especially Pete Hilgartner and Patrick Hugey, the media for the press coverage and the support from Council. She thanked Ben Franklin for providing the 500 American flags that were given out at the ceremony, Jennifer Montgomery for logistical support, and Colonel Fox and the Rotary Club for funding. The Mayor thanked John Johnston, Sandy Kane, Ann Robinson, and the 5th grade at Loudoun Country Day School for handing out stickers about storm drain dumping to the Fox Ridge residents. She also stated that she would like to discuss the Fire and Rescue Training facility under new business. Manager's Report Nicole Ard was present due to the absence of the Town Manager and Deputy Town Manager. Ms. Ard reported that the Utilities Department was a vendor at the Flower and Garden Festival. K. Legislation Town Council meeting minutes for May 28, 2003 Page ORDZNANCES On a motion by Councilmember Martinez, seconded by Councilmember Kramer the following ordinance was proposed: ORDZNANCE 2003-O-7 Approving an amendment Lo the Leesburg Subdivision and Land Development Ordinance to update and revise Articles 2, 4 and Appendix "A" of the Town of Leesburg Design and Construction Standards Manual (DCSM). The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the following consent motion was proposed: RESOLUTZON 2003-83 Authorizing an agreement and approving a performance guarantee for the Star Pontiac-GMC, ThC. vehicle storage area. RESOLUTZON 2003-84 Authorizing an agreement and approving a performance guarantee for the Star Pontiac-GMC, Buick storm sewer improvements. REOLUTION 2003-85 Making a reduction of the performance guarantee for public improvements installed in Dry Mill Townhouses, Phase B. RESOLUTZON 2003-86 Making a reduction of the performance guarantee for public improvements installed in Edwards Landing, Phase 4. RESOLUTZON 2003-87 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for the Stowers public improvement plan - Route (Evergreen Mill Road), Wallace Drive extended and Stowers Lane. RESOLUTTON 2003-88 Approving a substitute performance guarantee for River Creek, Phase IX, Section Land Bay K. The consent motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Town Council meeting minutes for May 28, 2003 Page 9 Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA ] On a motion by Councilmember Zoldos, seconded by Councilmember Kramer, the following resolution was proposed: RESOLTU]:ON 2003-89 Awarding the annual contract for refuse and recycling collection services to Con- Serve Industries, Inc. in the amount of $1,887,123.00. 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 Buttery, the following motion was proposed: RESOLUT]:ON 2003-90 Supporting the Loudoun Hospital Center's Expansion at the Cornwall Campus, 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 Martinez, seconded by Councilmember Zoldos, the following motion was proposed: RESOLUT]:ON 2003-91 Adopting the Fiscal Years 2004-2008 Capital Improvement Program in the amount of $98,435,768. 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 Martinez, seconded by Councilmember Zoldos, the following motion was proposed: Town Council meetinq minutes for May 28, 2003 Page 10 RESOLUTTON 2003-92 Ratifying an agreement between the Town of Leesburg and Leesburg Moose Lodge No. :[041 to purchase 3.5585 acres of land adjacent to Leesburg Executive Airport for $275,000. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, $chmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Boards and Commissions a. Airport Commission Councilmember Zoldos stated the Airport Commission has changed its meeting date to the 3rd Tuesday of each month at 7:30 p.m. The next meeting will be .lune :[7th. Thomas Balch Library Commission Councilmember Buttery asked that a Certificate of Recognition be prepared for 3ane Sullivan. Board of Architectural Review No comments Cable commission No comments Economic Development Commission No comments Environmental Advisory Commission No comments Znformation Technology Commission No comments Parks and Recreation Commission Councilmember Martinez reported the Parks and Recreation Commission would be meeting jointly with the Loudoun County Parks and Recreation Commission. Planning Commission No comments Tree Commission No comments kB Standing Residential Traffic Committee No comments Town Council meeting minutes for May 28, 2003 Page New Business a. On a motion by Councilmember Martinez, seconded by Vice-Mayor Jackson, the following motion was proposed: RESOLUT];ON 2003-93 Authorizing the Town Manager to install an all-way stop at North Street, NW and Wirt Street, NW. The motion was approved by the following vote: Aye: Buttery, Kramer, Jackson, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 b. Town Flag Councilmember Zoldos provided a preview of different variations of a town flag. He added that a flag would include the logo inscribed in a significant location on the flag. It was the consensus of Town Council to get the citizens and the Economic Development Commission involved. Further, Councilmember Kramer recommended aligning this project with the Main Street Program. c. Boundary Line Adjustment for the fire and rescue training facility on the Shellhorn site. Mayor Umstattd reported the manager's office had a call from Kirby Bowers requesting a response to Scott York's letter of April 11, 2003. The Mayor stated that she believes there is a majority of Council members who want to provide water and sewer to the training facility. She stated staff has expressed real concern about allowing the county to continue to use the jerry-rigged water system on the 92-acre site. Water and sewer to the training center should be through the normal system along Sycolin Road. The Mayor stated she agrees with staff on this. Also, Council believes the County should be treated as any other developer and the connection should be at their expense. Further, Council is on record as saying they believe the $300,000 offered for the school site on the north side of Town satisfies the requirement for a fourth elementary school site under the annexation agreement. Councilmember Schmidt stated that he would like to bring the Shellhorn site in as a whole. Councilmember Martinez stated he favors following the policy outlined in the February 11th resolution. Town Council meeting minutes for May 28, 2003 Paqe ]2 Bill Donnelly stated a boundary line adjustment as a precondition to the extension of water and sewer is consistent with the Town's policy. Staff believes a water tank site should be tied to the extension of utilizes and a boundary line adjustment. Another issue is who has jurisdiction over the site plan review, road alignment, and transportation improvements, which the county should be required to make as a condition of approval of the whole package. Mr. Donnelly stated there are a number of technical issues that need to be resolved at the staff level. He believes at this time the county is not prepared to bring in anything other than the fire and rescue site. Tt was the consensus of Council that there are numerous issues that have to be worked out before agreeing to providing water and sewer to the site. Until those issues are resolved, Council will reiterate their position in the February 11th resolution. Councilmember Martinez suggested Council sit down with the County as a group to resolve the issues. Mayor Umstattd stated she might request a vote on whether our position is to do a boundary line adjustment for the entire Shellhorn site or just the fire and rescue site at the first meeting in June. On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the meeting adjourned at 9:18 p.m. Town of Leesburg A'I-I-EST: i< of Council