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HomeMy Public PortalAbout2003_08_12COUNCIL MEETING August 12, 2003 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin ]ackson, Melinda Kramer, Marry Martinez, David Schmidt, Bob Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: All present Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Chief of Police Joe Price, Zoning Administrator Brian Boucher, Geographic Information System Coordinator John Callahan, Management Intern Alexandra Shabelski, and Assistant to the Clerk of Council Deborah Parry. AGENDA ITEMS A. Invocation by Councilmember Schmidt B. Salute to the Flag was led by Councilmember Zoldos ¢. Roll Call showing all members of Council present. D. Minutes: On a motion by Vice Mayor .lackson, seconded by Councilmember Buttery, the minutes of the .luly 21, 2003 worksession were approved, with minor edits, by a 6-0- I vote with Councilmember Martinez abstaining. On a motion by Vice Mayor Jackson, seconded by Councilmember Zoldos, the minutes of the .luly 22, 2003 meeting were approved, with minor edits, by a 7-0 vote. Presentations: a. Resolution of Respect - Thomas Donohoe On a motion by Councilmember Buttery, seconded by Councilmember Martinez, the following resolution of respect was approved by a 7-0 vote: RESOLUTTON OF RESPECT THOMAS DONOHOE WHEREAS~ Thomas Donohoe, a lifelong resident of Loudoun County, died in Leesburg at the age of 88 on August 8th; and WHEREAS~ Mr. Donohoe began his service to the Leesburg Volunteer Fire Company in 1950; and WHEREAS~ during his 50 year career with the company, Mr. Donohoe served as a driver, Captain, Vice President and a member of the Board of Directors; and Town Council Minutes for Auqust 12, 2003 Page 2 WHEREAS~ Mr. Donohoe was bestowed many honors and accolades during his service to the Leesburg Volunteer Fire company including the Top Call Runner award and Firefighter of the Year from the Loudoun County Department of Fire and Rescue; and WHEREAS~ Mr. Donohoe was inducted into the Loudoun County Fire and Rescue Hall of Fame in 2001; and WHEREAS~ in addition to his service to the Leesburg Volunteer Fire Company, Mr. Donohoe also served the community through his 43 year affiliation with the Lion's Club and his life long membership to Leesburg United Methodist Church. THEREFORE~ RESOLVED the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to the Donohoe family and ask that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to the Donohoe family. PASSED this 12th day of August 2003. F. Petitioners Bob Wright, 43224 Carston Place, addressed Council. Mr. Wright represents members of the citizens advisory committee established by Loudoun County to prepare a Bicycle and Pedestrian Mobility Master Plan. He stated the plan is compatible with the town's 20-year parks plan and includes many connections in Leesburg, including the Rt. 15 north & south trails, trails connecting the parks on the Potomac to White's Ferry, and the proposed Potomac Heritage National Scenic Trail. Mr. Wright recommended that Council endorse the proposed master plan, and work with the county to ensure an integrated approach to implement a county-wide network that would include the town, Councilmember Zoldos complimented the committee and thanked them for their efforts on this project. Councilmember Buttery thanked Mr. Wright and stated a trail connection to White's Ferry would benefit the town from a financial and an economic development standpoint. Becky Groff, expressed concern with the intersection of Edwards Ferry Road and the Route 15 bypass from a pedestrian standpoint. She stated that she hopes the county and town can work together on safety issues. Public Hearing: a. Zoning Ordinance Amendment - Modification of Screening and Buffer Yard Requirements. The public hearing opened at 7:50 p.m. Brian Boucher stated this amendment to Section 12.8.5 of the Zoning Ordinance would authorize Council to modify the screening and buffer yard requirements as part of the special exception approval process. He stated currently the Land Development Official has the responsibility for approval/denial with appeal to the Board of Zoning Appeals. He stated if the property is within the Town Council Minutes for Auqust 12, 2003 Page 3 H-1 Overlay District screening and buffer yard requirements could only be modified by the Board of Architectural Review. Councilmember Buttery verified this is only applicable to special exceptions that are brought before Council and would not be applicable in the H-1 overlay district. Bill Zawacki., 1107 Rollins Place, recommended that Council not approve this amendment. He stated this amendment could potentially allow special exception users greater reduced buffer requirements than by-right users. Further, he stated the Planning Commission voted against this amendment by a vote of 4 opposed and 3 absent. Bob Sevila, 414 Mosby Drive, urged Council to approve this amendment. He stated this amendment would not take power away from the land development official, but rather would supplement that power in the case of special exceptions. Mark Nelis., 196 North 12th Street, Purcellville, addressed Council on behalf of Kentucky Fried Chicken, which has had a special exception plan on file with the town since the fall of 2002. He stated the design for this restaurant is 3-4 feet shy of the buffer yard requirements on two sides. Further, he stated that he has the support of the adjacent property owners and it is not unusual for an amendment to arise from a particular application. Councilmember Zoldos stated this amendment would politicize the buffer modification process and eliminate the objectivity of the staff and the Board of Zoning Appeals. He stated the modification already provides five provisions where the Land Development Official can choose to reduce or eliminate these requirements. Further~ this amendment would allow the potential reduction of new buffer requirements just adopted in the new Zoning Ordinance. Additionally, Councilmember Zoldos stated in the case of Kentucky Fried Chicken, 10 feet of the buffer yard is in the neighbor's yard. He stated a Board of Zoning Appeals or Planning Commission public hearing would allow citizen input on this issue. Further, the Planning Commission recommended denial of this amendment at their July 3rd meeting and instead of pursuing this avenue, the applicant for Kentucky Fried Chicken should simply reduce the footprint size. Vice Mayor Jackson stated he is not in favor of this ordinance amendment. Mayor Umstattd stated the advantage to this proposed amendment is that two public hearings would be required as part of the process. Further, she stated approval of this amendment does not guarantee that Council would vote to limit the buffer requirements for Kentucky Fried Chicken, but does give the neighbors a chance to get a higher masonry wall, which seems to be their desire. Additionally, Mayor Umstattd stated in all cases this would be a good thing because it opens up the process to the public. The public hearing closed at 8:31 p.m. b. ZM-2002-01-ASE/Airport Commerce Park Concept Plan and Proffers. The public hearing opened at 8:32 p.m. Town Council Minutes for August 12, 2003 Page 4 Brian Boucher stated this concept plan and proffer amendment would remove the connection of Blue Seal Drive and Sycolin Road and would add a turn lane from Tolbert Lane onto Miller Drive. Additionally, the applicant would provide frontage improvements on Tolbert Lane and a turn lane onto Sycolin Road. Mr. Boucher stated there are no conflicts with the Town Plan or policies in this application. Further, the applicant will keep a buffer of commercial office along Tolbert Lane. Additionally, staff and the Planning Commission recommend approval of this concept plan and proffer amendment. Councilmember Buttery stated item 2.B. of the proffers talks about a cash contribution to the town's regional transportation fund and states the value shall increase annually at a rate equal to the increase during each twelve-month period. He asked how that would work? Brian Boucher stated this is not the consumer price index but is what was in the existing proffer and is an engineering cost tracking system and does get updated like the CP][. Further, as time goes on and the later they build the more they will have to pay. Councilmember Buttery stated item 2.C., which refers to the right turn lane, states the amount of the cash payment shall be calculated and agreed to by the town and the applicant at the time of construction plan approval. He asked what happens if there is a disagreement? Mr. Boucher stated the applicant will get several cost estimates and the staff establishes the reasonable cost. He stated there hasn't been a problem because staff requires the applicant to get the estimates from reputable contractors who are licensed in the town. Bob Sevila, counsel for the applicant, stated when the applicant first came to Leesburg, town staff was integral in making a smooth transition; however, the proffers left the applicant with one building on 33 acres of land. Further, the applicant has been working with the staff to add buildings to the site and both parties agree to the removal of the Blue Seal connection with Sycolin Road and the removal of the 50 percent cap on commercial office space. The public hearing closed at 8:48 p.m. Mayor Umstattd stated the applicant has requested that there be a decision tonight, which would require a two-thirds majority vote to suspend the rules. Councilmember Buttery stated normally he prefers to leave the public hearings open for public comment after the meeting; however, since Council will not meet again until September 9th, he will agree to suspend the rules and vote on this application tonight. On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, Council voted unanimously to suspend its rules. Councilmember Martinez read the following ordinance into the record: Town Council Minutes for August 12, 2003 Page 5 AN ORDTNANCE: APPROVING REZONING ZM-2002-0! - ASE/AIRPORT COMMERCE PARK TO AMEND THE EXISTING CONCEPT DEVELOPMENT PLAN AND PROFFERS TO DELETE THE EXTENSION OF BLUE SEAL DRIVE TO SYCOLIN ROAD WHEREAS, application has been filed by the National Institute for Automotive Service Excellence for Rezoning ZM-2002-01 known as "ASE/Airport Commerce"; and WHEREAS, a duly advertised Planning Commission public hearing was held on July 17, 2003; and WHEREAS, at their regular meeting of July 17, 2003, the Planning Commission recommended approval of this application to the Town Council by a vote of 5-0-2; and WHEREAS, the Town Council held a duly advertised public hearing on this application on August 12, 2003; and WHEREAS, the staff recommends approval of ZM 2002-01; and WHEREAS, the Council has concluded that the public necessity, convenience, general welfare and good zoning practice require the proposed amendments. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia that Rezoning ZM-2002-0! is approved subject to the proffers last dated August 12, 2003. PASSED this 12th day of August 2003. On a motion by Councilmember Martinez, seconded by Councilmember Zoldos, the following motion was proposed: ORDINANCE 2003-O-10 Approving Rezoning ZlVl-2002-0! - ASE/Airport Commerce Park to amend the existing concept development plan and proffers to delete the extension of Blue Seal Drive to Sycolin Road. The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 H. Council Comments: Councilmember Schmidt thanked Susan Swift for her presentation to the Leesburg Daybreak Rotary on the status of the Town Plan revision and for the briefing in the SW sector of town. He stated it is a very professional process and although he is disappointed in the number of the citizens who attended, staff has made every effort to contact the citizens by sending out post cards. Further, he encouraged citizens who have not attended to send comments to the website www.leesburgtownplan@leesburgva.org. Also, Town Council Minutes for August 12, 2003 Page 6 he thanked the citizens who presented the Bicycle and Pedestrian Mobility Master Plan and asked that it be put on the September 8th worksession for discussion and that the Parks and Recreation Commission review the plan and make a recommendation to Council. Councilmember Martinez stated he is looking forward to August Court Days. Councilmember Zoldos wished Rosie Raneri a happy birthday and stated she has lived in the town quite a long time and worked for AH&T :Insurance for many years. He stated he met with several businesses that have moved to their new location on Catoctin Circle including Swim Gem and Deli South. Additionally, he encouraged the citizens to participate in the upcoming August Court Days. Councilmember Zoldos stated the Ad-Hoc :ILS workgroup has been working on various initiatives and priorities at Leesburg Executive Airport and will meet August 13th at 7:30 in the second floor conference room to address issues including the additional fifty percent funding for the new terminal building expansion and runway rehabilitation. Further, temporary trailers will be used for the service providers and the airport staff will be moving into the Piedmont Hawthorn building. Councilmember Zoldos also asked for an update on the completion of the Town Attorney's performance evaluation. He stated he would like to have a date certain for Council to meet and provide this to Mr. Donnelly. Further, he stated he has not seen any report on the performance appraisal review being conducted by Mr. Bredehoft and asked what is the timetable for completion, who is overseeing this project and how much money has been budgeted and spent for this review? Councilmember Zoldos stated Council has not received any assurance from the Board of Supervisors that the O'Connor Tract school site satisfied the town's AADP requirement. Further, he stated he would like the annexation committee to meet at the end of August to receive a staff briefing on the status of the Loudoun County Fire and Rescue training facility water and sewer needs. Additionally, Councilmember Zoldos stated he has received numerous complaints from town businesses that no visits have been made by the Economic Development Director and or staff. He asked for a list by next Monday of businesses that have been visited face to face since the new Economic Development Director has been on duty. Further, he stated he has an item of new business at the end of the meeting. Vice Mayor Jackson stated this afternoon he attended the funeral for Mr. Hughes. He also reported that Ms. Symington passed away and her funeral will be held at the Episcopal Church. Additionally Mr. Rollins passed away and will be buried Saturday. Councilmember Buttery thanked the members of the Bicycle and Pedestrian Mobility Master Plan group and stated he would like for them to return and provide Council with highlights of the plan at a future worksession. Further, he stated he would like to have that presentation coupled with a presentation on the G:[S pedestrian sidewalk plan. Councilmember Kramer stated it has been a nice summer and she is looking forward to getting everyone back to school. I~layor's Comments Mayor Umstattd stated she met with Mr. Noe, Mr. Kirby Bowers, and Mr. ,lohn Clark from County Transportation about the Westpark option for a park and ride lot. She stated Town Council Minutes for August 12, 2003 Page 7 she informed them it would be a tough sell to Council and the Economic Development Commission would find it unpalatable. She stated the county was told by the property owners they would not develop the property in the next 10 years and they would like to have this as a temporary use. Mayor Umstattd stated the arguments against the park and ride as a permanent use are persuasive, but if it will not be developed for 10 years, she would not be opposed to this as a temporary use, however she would rather see a seven year lease with the option to renew for three years. Further, she stated Council might be further persuaded if they knew that the county was looking for a permanent site for the park and ride along the Greenway. Additionally, Mayor Umstattd asked what Council prefers to do about recognizing the victims of the September :~1, 2001 terrorist attacks. She stated the options would be to do something small before the meeting on September 9th or do a program similar to the one done last year on Thursday, the 11th. It was the consensus of Council to hold a ceremony at 7:30 p.m., Thursday September 11th on the Town Green. .1. Manager's Report Bob Noe stated the address for citizens to review the Town Plan is www.leesburqva.org/townplan and they can email their comments to townplan@leesburgva.org. He stated Maritza :[rizarry in the Human Resources Department has received her International Public Management Association for Human Resources Certified Professional Certification. Further, he stated at the next meeting he would like to recognize Judy Ahalt who has received a professional certification as well. K. Legislation ORD1'NANCES On a motion by Councilmember Schmidt, seconded by Councilmember Martinez, the following ordinance proposed: ORDINANCE 2003-O-11 Approving the vacation of a portion of North Street, NE. 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 Kramer, the following ordinance was proposed: ORDINANCE 2003-O-;~2 Authorizing the Mayor to endorse a cooperation agreement with Loudoun County regarding its Community Development Block Grant Program. Town Council Minutes for August 12, 2003 Page 8 Councilmember Zoldos asked what percentage of the local matching funds would the town have to provide. Susan Swift stated the match amount is not specified and will be worked out later. Mayor Umstattd stated it is also not clear whether the word "local" refers to county or town. Ms. Swift stated the group will be working on a plan between now and May to outline what projects the county and participating municipalities want to do for the next five years. The funding for those projects will have to be identified and the match determined. Further, she stated the town has the right to limit or not accept funds and the amount of matching funds will depend on the project. Councilmember Martinez read the following sentence from the agreement into the record: "No funding is required to endorse the cooperation agreement; however, any project proposed by the town and selected for funding under the CDBG program will require a local match." He stated the town dictates projects for funding and determines the match, and whether to go with the project. Mayor Umstattd stated currently the town has no chance of getting these funds through the normal process. Further, participation in this program gives the option to get money, which was never available in the past. ]:f the town does not want to fund a program, it does not have to. Councilmember Zoldos stated he is not opposed to participation in this program. However, the signed agreement is in effect for federal Fiscal Year 04 through 06 and there must be matching town funding for any proposed project. Further, Councilmember Zoldos asked that a correction be made on the second page of the cooperation agreement to the last sentence of :Item D. He asked that the statement "the county will select only those projects within the town which are first recommended by the Town Council." be changed to "the county will select only those projects within the town which are first recommended and approved by the Town Council." Mayor Umstattd stated she doesn't see any difference because the Council would not recommend a project if they did not approve it. Councilmember Zoldos stated he would not support this ordinance because of the lack of specificity regarding the matching funds. Councilmember Buttery stated he could understand Councilmember Zoldos' concerns; however, Council must recommend a project before it can be included. Councilmember Zoldos verified that Bill Donnelly has reviewed this agreement. The motion was approved by the following vote: Aye: Buttery, ,lackson, Kramer, Martinez, Schmidt and Mayor Umstattd Nay: Zoldos Vote: 6-1 Town Council Minutes for August :[2, 2003 Page 9 On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the following ordinance was proposed: ORD]:NANCE 2003-O-13 Amending Section 8-12 of the Town Code to change the residential curbside collection schedule for a better balanced more efficient distribution. Mayor Umstattd stated the recommendation by staff that further changes to the schedule be approved by the Town Manager has been removed from the ordinance. Councilmember Buttery asked how the residents would be notified of this change? Tom Mason stated there would be a notice posted on the website as well as in the newspapers and radio stations. Further, there would be direct mailings to every household in Leesburg as well as door hangers in the affected quadrants. Councilmember Zoldos verified that the Town Council would maintain the sole right to approve changes to the collection schedule. 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 Councilmember Buttery, seconded by Councilmember Martinez, the following consent agenda was proposed: 2003-119 RESOLUT]:ON Approving a substitute performance guarantee for Leesburg Station Auto Wash. 2003-120 RESOLUTTON Making a reduction of the performance guarantee for public improvements installed in the Edwards Landing Phase 2B. The consent agenda was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 [ REGULAR AGENDA ] On a motion by Councilmember Zoldos, seconded by Vice Mayor Jackson, the following motion was proposed: Town Council Minutes for August 12, 2003 Page 10 2003-121 RESOLUTTON Forgiving the debt of the Leesburg Volunteer Fire Company relating to the site development costs associated with the fire station on Plaza Street. 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 Zoldos, seconded by Councilmember Kramer, the following motion was proposed: 2003-122 RESOLUTION Awarding a contract to Rustler construction Inc. in the amount of $313,903.36 for the Catoctin Circle Trail Project. Councilmember Zoldos stated $100,000 of that amount is from a grant received in 1999. 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 Buttery, the following motion was proposed: 2003-123 RESOLUTTON Authorizing the continuation of a contract in the amount of $100,000.00 to Geographic Technologies Group, :[nc. for the implementation of year two Enterprise Geographic information System. The motion was approved by the following vote: Aye: Buttery, .]ackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 The following item was deferred to the September 9th Council meeting to allow Council more time to review the staff's recommendations: RESOLUTTON Consideration of the Shellhorn Master Plan Town Council Minutes for August 12, 2003 Page 11 As per Council's discussion at the work session the following item was deferred until such time any Council member wishes to revisit the issue: RESOLUTION Commenting on the proposed increase in Dulles Greenway tolls. Councilmember Buttery stated he wanted to make the public aware of this issue and allow for public input. On a motion by Vice Mayor Jackson, seconded by Councilmember Schmidt, the following motion was approved by a 7-0 vote: 2003-118 RESOLUTTON Making an appointment to the Cable Television Advisory Commission - Weaver Samuel The motion was approved by the following vote: Aye: Buttery, Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Boards and Commissions a. Airport Commission - Councilmember Zoldos stated the commission is now meeting in the BP/Amoco Room of Town Hall and will hold its next meeting August 19th at 7:30 p.m. b. Thomas Balch Library Commission - No comment c. Board of Architectural Review - No comment d. Cable Commission - No comment e. Economic Development Commission - Councilmember $chmidt stated the commission has moved their meeting date to the 3rd Wednesday of the month and will hold their next meeting on August 20th at 7:00 p.m. in the BP/Amoco Room of Town Hall. f. Environmental Advisory Commission - No comment g. Znformation Technology Commission - Councilmember Zoldos stated the commission did not have a quorum for their August 6th meeting and that the :[T Director will be sending letters to the members reminding them of their next meeting on September 3rd. h. Parks and Recreation Commission - Councilmember Martinez stated the commission meets the 2nd Saturday of every month at 7:30 a.m. at the :[da Lee Recreation Center. Planning Commission - No comment Tree Commission - Vice Mayor Jackson stated he had distributed a letter to Council from Mr. Max Peterson stating he would be returning to the commission soon. Further, he stated he sees no reason to replace Mr. Peterson at this time. Councilmember Schmidt stated the Tree Commission has drafted a recommendation to establish a tree bank account to adopt a No Net Loss of Shade Tree policy and are asking that this be formalized as part of the Town Plan revision. Standing Residential Traffic Committee - No comment Town Council Minutes for August 12, 2003 Page 12 New Business a. Deputy Town Manager On a motion by Councilmember Zoldos, seconded by Councilmember Schmidt, the following motion was proposed: RE$OLUT]:ON Directing the Town Manager to re-advertise for the position of Deputy Town Manager Councilmember Zoldos stated this creates a situation where very few decisions can be made in the absence of the Town Manager. Further, he asked how the reporting structure would be updated as opposed to the reporting structure with a Deputy Town Manager and for a comparison of the job descriptions. Tn addition he believes not hiring a deputy eliminates the Council's ability for a comparison. Mayor'Umstattd stated it should be under the discretion of the Town Manager how he chooses to administer his staff. Further, it is rare that you get a town manager that is willing to go with a lower position with a lesser cost to the taxpayers. She complimented Mr. Noe for that decision and stated she has full confidence in his ability to determine what he best needs to administer the town government. The motion was failed by the following vote: Aye: Schmidt and Zoldos Nay: Buttery, Kramer, Martinez and Mayor Umstattd Vote: 2-4-! (Jackson abstaining) b. Gatehouse Councilmember Zoldos asked the Town Attorney to provide Council with an update on the cable situation at Edwards Landing. Bill Donnelly stated he will be providing a memo to the Cable Commission on the status of this matter for their meeting next Tuesday and would be happy to copy Council on it. N. Adjournment On a motion by Councilmember Buttery, seconded by Councilmember Zoldos, Council voted unanimously to adjourn. The meeting adjourned at 9:38 p.m. A'rI-EST: I~rerk of Council .l:Clerk/minutes/2003_tcmin08!2.doc