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HomeMy Public PortalAbout2003_06_24COUNCIL MEETING June 24, 2003 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Coun¢ilrnembers Present: Frank Buttery, Melinda Kramer, Mervin Jackson, Robert Zoldos, and Mayor Kristen Umstattd. Coun¢ilmembers Absent: David Schmidt and Marty Martinez 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 Finance Paul York, Director of Human Resources Dona Wolf, Director of Parks and Recreation Kaj Dentler, Director of Planning, Zoning and Development Susan Swift, Zoning Administrator Brian Boucher, Assistant to the Town Manager Nicole Ard, Planner Nancy Kitchens, Management/Budget Officer Mike Freda, Management Intern Alexandra Shabelski, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Tnvocation by Vice-Mayor Jackson B. Salute to the Flag was led by Councilmember Kramer C. Roll Call showing Councilmembers Schmidt and Martinez absent D. Minutes: On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the minutes of the June 9, 2003 worksession were approved by a 5-0-2 vote with minor edits (Counciimembers Schmidt and Martinez absent). On a motion by Councilmember Buttery, seconded by Councilmember Zoldos, the minutes of the .]une 10, 2003 regular meeting were approved by a 5-0-2 vote with minor edits (Councilmembers Schmidt and Martinez absent). E. Presentations None F. Petitioners: Chris Jones, Loudoun County Sheriff candidate, addressed Council. Mr. Jones outlined his three major points of his campaign as (1) community policing, (2) rebuilding the current network for public safety, and (3) repairing damaged relationships between our leaders in government and the Loudoun County Sheriff's Office. Kevin Wright, 109 Pershing Avenue NW, addressed Council. Mr. Wright had concerns with the manner in which the original resolution on the Pershing Avenue improvements was amended. He stated that citizens were not allowed to comment on the amended resolution. Secondly, he had concern with the decision Council made on the Pershing Avenue improvements. He stated parking on both sides of the street was a need not a want citing the difficulty with church parking Mr. Wright asked Council to please reconsider their decision of June 10th. Town Council Minutes for .lune 24, 2003 Page 2 Heidi Evans, representing parents of ~[da Lee preschoolers, addressed Council with concerns under which some teachers were leaving the school. Ms. Evans discussed the loss of benefits for a preschool teacher and lack of compensation for time worked. Ms. Evans raised some budgetary issues, such as where budgeted funds go when a position is left unfilled and monies not shown in the budget to reflect tuition increases. Further, Ms. Evans asked that children's artwork be displayed on the windows and to have the side doors of Tda Lee open to create easier and safer access for parents when dropping off and picking up children. The Mayor asked staff to research these issues. Cynthia Everhart, 229 South Street SE, addressed Council concerning a water run off problem on her property. She stated concerns with damage to her house foundation. Further, she questioned whether the old quarry near her residence could be contributing to the problem. Council asked that this item be addressed at the next worksession. Fred Fleminq, Leesburg District School Board Representative, addressed Council thanking them for their consideration on the Monroe Vo-tech building project. Further, he thanked Bob Noe and Paul York for their assistance in this project. Mr. Fleming advised Council that the Hazel Reid Elementary School in Leesburg is on target for a fall opening. Kaj Dentler addressed the concerns of a previous speaker, Heidi Evans. Mr. Dentler stated that the preschool teachers mentioned have resigned and have not asked to have benefits restored. Further, they assumed their positions at the school at the existing compensation rate. He added that teachers are hired with a stipulation of providing documentation of meeting education standards required. He stated there is some confusion because the preschool program is linked with the job share program. He stated no preschool or recreation programs have been cut from the budget and when vacancies occur unspent salaries remain in the account. The differences in revenues generated by new tuition rates are because they reflect existing rates that were in effect during the budget process. Mr. Dentler acknowledged that there is a lot of confusion and he is willing with parents as he is concerned with the quality of the programs at Ida Lee. He stated they are 70% self-sufficient for the operating costs of the programs. Mike Freda addressed inaccuracies in the parks and recreation budget with reference to how childcare and preschool programs are shown. Town Council Minutes for June 24, 2003 Page 3 Councilmember Zoldos thanked Ms. Evans for bringing this issue to Council and offered to meet with her and the budget office to explain the process. Mayor Umstattd and Councilmember Kramer echoed Councilmember Zoldos' comments. Public Hearing a. Special Exception SE-2002-08 for the expansion of the existing childcare center and church use at 605 West Market Street. The public hearing was called to order at 8::[5 p.m. Nancy Kitchens provided an overview of this application stating the Planning Commission has recommended conditional approval. She stated the major issues are a 6-foot asphalt trail instead of a 4-foot sidewalk, frontage improvements and reservation of land along Catoctin Circle. Peter Miller, Campbell, Miller & Zimmerman, addressed Council on behalf of the applicant. Hr. Miller gave an overview of the application. Hr. Miller states they are in agreement with the 6-foot asphalt trail. He stated they are opposed to Condition No. 6, which requires the dedicated left turn lane. However, they are willing to give other frontage improvements. He referenced Vice-Mayor Jackson's comment that this application should be treated consistent with conditions imposed on other churches. He stated their circumstance is different as it is not new construction and asked to remove the left turn lane requirement from Condition No. 6. Mr. Hiller voiced concerns with Condition No. 7 that asks for the reservation of a 6-foot wide, 270-foot long area of land for dedication for street purposes. He suggested revising the language to say, "the acquisition will be made by purchase, condemnation, or dedication". Further, Mr. Miller asked that Condition No. 7 have similar language to Condition No. 6 with reference to the waiver. There were no petitioners for this application. Brian Boucher clarified the reason for the language in Condition No. 7, stating the future may call for a right turn lane onto E. Market Street. The request is to reserve the land for potential dedication to the town, adding this would be a benefit to the taxpayer. Calvin Grow concurred. Vice-Mayor Jackson referenced a letter from the church stating they will reserve the land for future right-of-way for 2:[ years. Town Council Minutes for .lune 24, 2003 Paqe 4 Brian Boucher clarified that frontage improvements on Condition No. 7 will include a 6-foot wide trail instead of a sidewalk and other frontage improvements. Vice-Mayor .lackson stated we should be consistent with what the other churches have done. Mr. Smith asked that Council consider not requiring the left turn lane, as they are not impacting traffic turning left. Calvin Grow stated that the traffic study recommends a left turn lane. Bill Donnelly explained the reservation language. He stated the zoning administrator interprets reservation to mean "dedication as need". The applicant would like to reserve the right to make the town purchase the land. Mr. Boucher's point is the town normally requires dedication at no cost. One concession is that a reservation does not allow building in the reserved area. He stated that anything less than a dedication would set a precedent. The construction of the left turn lane cost would be substantial and would probably be less if it is done at the time of improvements. This is a standard requirement required of other applicants. He stated the proposal doesn't generate a need for a left turn lane. Mr. Grow confirmed that the church does not generate the left turn lane traffic. Bill Donnelly discussed the issues of whether a reservation area can be built upon. He reminded Council that in the last church application the language with reference to waiving public improvements was deleted. The public hearing closed at 9:07 p.m. b. Revising and initiating land development fees. The public hearing opened at 9:08 p.m. Mike Freda advised Council that these fee changes were recommended during the budget process. He stated at that time there was no public comment and the Planning Commission had recommended approval. Karen .1ones, Economic Development Commission, addressed Council asking whether an economic impact study has been done. Mike Freda stated it has not. Mike Freda stated that the Maximus Study has provided input to the fee revisions. The public hearing closed at 9:15 p.m. Town Council Minutes for ]une 24, 2003 Page H. Council Comments Councilmember Zoldo~ stated that :[nterfaith Relief is looking for a place to locate their soup kitchen and suggested the possibility of [zaak Walton Park. He stated he is asking them to contact Kaj Dentler to check on its availability. Further, under new business he will be asking for reconsideration of the resolution passed on June 10th for the Pershing Avenue improvements. Vice-Mayor .lackson had no comment. Councilmember Buttery recognized the Loudoun County Girl's Tennis Team and the Loudoun Valley Girl's Softball Team for winning the state championship. He reminded the citizens of Leesburg to come out to :[da Lee Park for their annual Fourth of July Celebration. Councilmember Buttery provided a pamphlet from Loudoun County on their Ozone Action Program and asked the town manager to exploring joining them in this effort. Further, he suggested working in conjunction with Loudoun County schools to publicize their events, possibly with a bulletin board in the visitor's center or at :[da Lee. Councilmember Kramer suggested sharing the information on the Ozone Action Program with the Environmental Advisory Commission. She gave a few highlights of the Virginians to Virginians trip to Blacksburg. Also attending was Marantha Edwards, Betsy Fields and David Fuller. She stated Blacksburg's Mayor, Council and Town Manager, Gary Huff, showed them their commitment to working with businesses. One example was their coop with a cultural center at Virginia Tech. Mayor's Comments Mayor Umstattd reported attending the unveiling at Balch Library of the new William Woodward painting. This painting depicted the first meeting of the colonists and the American :Indians in Loudoun County which took place on April :[2, 1699. The Mayor commented this is the last Council meeting for Phil Rodenberg, the Deputy Town Manager, and wished him the best of luck in his manager's job in Fredericksburg. .1. Manager's Report Bob Noe introduced the new management intern, Alexandra Shabelski and the :[nterim Airport Director, Cindi Martin, Town Council Minutes for June 24, 2003 Page K. Legislation ORDXNANCES I On a motion by Vice-Mayor Jackson, seconded by Councilmember Kramer the following motion was proposed: ORDINANCE 2003-O-9 Amending Article I, Chapter 17, Section 17-6.1 "Collection Fee" to increase the collection fees on delinquent taxes and other charges from $10 to $30 prior to judgement and from $15 to $35 subsequent to judgement in accordance with Virginia Code Section 58.1-3958. The motion was approved by the following vote: Aye: Buttery, .]ackson, Kramer, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2(Martinez and Schmidt absent) CONSENT AGENDA On a motion by Councilmember Zoldos, seconded by Councilmember Buttery, the following consent motion was proposed: RE$OLUTTON 2003-101 Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Woodlea Manor Phase I/Bradfield Drive connection. RESOLUTION 2003-102 Amending the fiscal year 2003 budget and making appropriations in the amount of $70,661 to the Engineering & Public Works Department and $4,518 to the airport from federal and State of Virginia disaster assistance funds received for snow removal during the February 2003 snowstorm. RESOLUTTON 2003-103 Authorizing a public hearing to consider the vacation of portion of North Street, NE. RESOLUTION 2003-104 Authorizing the use of Uran funds to reimburse the Monroe Technology Center for utility fees paid for the home they constructed at 804 Wage Drive. The motion was approved by the following vote: Aye: Buttery, .]ackson, Kramer, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Martinez and Schmidt absent) REGULAR AGENDA J Town Council Minutes for .lune 24, 2003 Paqe ? On a motion by Vice-Mayor .lackson, seconded by Councilmember Kramer, the following motion was proposed: RESOLUTZON 2003-105 Awarding a contract in the estimated amount of $2,240,140 effective September 1, 2003 with up to four one-year renewal options to United Health Care Company, Inc. to provide the town with employee health care insurance coverages. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd Nay.' None Vote: 5-0-2 (Martinez and Schmidt absent) On a motion by Councilmember Buttery, seconded by Councilmember Zoldos, the following motion was proposed: RESOLUTZON 2003-106 Adopting a vision statement for the Town of Leesburg. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Martinez and Schmidt absent) On a motion by Councilmember Zoldos, seconded by Vice-Mayor .lackson, the following motion was proposed: RESOLUTZON 2003-107 Making an appointment to the Annexation Committee - Councilmember Dave Schmidt. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Martinez and Schmidt absent) Councilmember Buttery verified that the committee would have a total of 4 members. L, Board a. and Commissions Airport Commission No comment b. Thomas Balch Library Commission No comment c. Board of Architectural Review No comment Town Council Minutes for June 24, 2003 Page 8 d. Cable Commission No comment e. Economic Development Commission No comment f. Environmental Advisory Commission No comment g. :Znformation Technology Commission No comment h. Parks and Recreation Commission On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson the following motion was proposed: RESOLUTZON 2003-108 Making an appointment to the Parks and Recreation Commission - Terry Young. Planning Commission a. Town Plan Status Report Robert Dube gave Council an update on the progress of the Town Plan. He stated the Commission would have members present to answer Council questions. Further, the schedule for Town Plan review will be posted on the Town website. Councilmember Buttery thanked Mr. Dube for the report and commended him on the job he is doing as a Planning Commission member. j. Tree Commission No comment k. Standing Residential Traffic Committee No comment NEW BUSZNESS a. On a motion by Councilmember Zoldos, seconded by Vice-Mayor Jackson, the following motion was proposed: RESOLUTI:ON 2003-109 Initiating, replanning and expediting processing for Barber & Ross Company. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Martinez and Schmidt absent) Town Council Minutes for June 24, 2003 Page b. Councilmember Zoldos made a motion to revisit the Pershing Avenue Street Improvements Project at the next Council meeting on July 7 & 8, seconded by Vice-Mayor Jackson. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Martinez and Schmidt absent) AD.1OURNt4ENT The meeting adjourned at 10:06 p,m. All'EST: rk 3~ Council .1 :ClerkJminutes/2003_l~cminO624.doc