HomeMy Public PortalAbout2006_03_28
COUNCIL MEETING
March 28, 2006
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Melinda Kramer, Marty Martinez, Bob Zoldos and Mayor Kristen Umstattd.
Council members Absent:
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant
to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich,
Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning
and Development Susan Swift, Airport Director Tim Dieke, Director of Economic
Development Betsy Fields, Chief of Police Joe Price, Preservation Planner Annie
McDonald, Planner Wade Burkholder, Tourism Coordinator Marantha Edwards, and
Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Mayor Umstattd
B. Salute to the Flag by the Loudoun County High School Girl Varsity
Basketball Team.
C. Roll Call showing all present.
D. Minutes
a. January 24, 2006 regular session
On a motion by Vice Mayor Martinez, seconded by Councilmember
Horne, the minutes of the January 24, 2006 regular session were approved by
a 7-0 vote.
b. February 28, 2006 regular session
On a motion by Vice Mayor Martinez, seconded by Councilmember
Kramer, the minutes of the February 28, 2006 regular session were approved
by a 7-0 vote.
E. Presentations
a. Certificate of Recognition - Loudoun County High School Girls
Varsity Basketball Team
On a motion by Vice Mayor Martinez, seconded by Councilmember
Kramer, certificates of recognition were presented to Octavia Trammell, Lisa
Polcyn, Amy Williams, Jordan Ballagh, Amy Sarver, Denae Russell, Ashley
Marshall, Kerry Sarver, Tyeesha Paige, Samantha Akers, Sarah Brown,
Camille Wilmer. Also recognized were Manager Torey Athey and Coaches
Kevin Reed, Bill Reynolds, Allison Nichols, and Darren Guensch.
The WAGE Radio announcer who broadcast the game stated the girl's
accomplishments brought the entire County together.
Town Council Meeting of March 28. 2006
Page 2
b. Certificate of Recognition - Scott Ebersole
On a motion by Vice Mayor Martinez, seconded by Councilmember
Horne, a Certificate of Recognition was presented to Police Officer Scott
Ebersole for his 23 years of service to the Town and the Leesburg Police
Department.
c. Avian Flu Update
A video from the Virginia Department of Health was shown on the
possibility of Avian Flu.
d. Civic Sign Update
Teresa Minchew, Chairman of the Board of Architecture Review,
addressed Council. Ms. Minchew stated the BAR is willing to work with staff
on a design for the civic signs. She stated the BAR had concerns with the size
of the proposed signs.
Council member Kramer stated the first design was too crowded and
the second had less information.
Betsy Fields stated there are legal concerns since the State Code says
the organizations have to request to leave their information off the sign.
Vice Mayor Martinez stated the signs need more information than just
the logo.
Council member Zoldos stated out of Town visitors will be looking for
the meeting time and place.
The Town Manager stated that letters have gone out to all
organizations and he will meet with each of them.
It was decided that the BAR would be part of the sign design process.
F. Petitioners
The petitioner's section opened at 8: 18 p.m.
Don Robb, Aved Flight School, stated his concern with overhead power lines
located near Leesburg Executive Airport. He stated the things of most concern to
pilots are hills, towers, and power lines being the most dangerous.
He added that overhead power lines would have a negative financial impact
on the airport.
John Drury, 621 Beauregard Drive, stated VDOT held a hearing today on the
section of Battlefield Parkway between Sycolin Rd. and Route 7. He encouraged
Council to push to get this project started as soon as possible.
Dennis Nolan, 1207 Tennessee Drive, stated they have lights on Battlefield
Parkway. He stated the outstanding issues in Edwards Landing are about a third of
the way completed and he would continue to ask Council for support.
The petitioners section closed at 8:28 p.m.
Town Council Meetinq of March 28. 2006
Page 3
Pam Gottfried and Ed Bradley were present from Dominion Virginia Power to
discuss the issues with the street lights in the Edwards Landing neighborhood.
Mr. Bradley stated Section 4, the townhouse units, is on private property and
they will have to wait one year before DVP prepares an estimate.
Councilmember Zoldos thanked Dominion Virginia Power for moving forward
on this project.
G. Public Hearing
a. TLSE-200S-0007 - Loudoun Country Day School to permit a time
extension for use of modular classroom buildings at 237 Fairview
Street
Wade Burkholder outlined this application to modify the original conditions
of Special Exception SE-2001-02 to permit two additional temporary
classroom buildings at 237 Fairview Street.
Further, Loudoun Country Day School is seeking as part of TLSE-0007
approval for the continued use of five modular classroom buildings on site and
the removal of the five-year time limit.
Councilmember Kramer asked staff to reassess the landscape buffering in
the 2001 special exception and replacement of the landscape material that
died.
Mr. Burkholder stated the Planning Commission and staff is recommending
conditional approval.
There was a discussion on whether or not to install a crosswalk and/or No
Parking signs on Fairview Street. Of concern was that a crosswalk would give
the appearance that you want children to cross Fairview, when they should be
let out at the front of the school.
Mr. Hollister spoke from the audience and was inaudible.
Councilmember Burk verified Loudoun Country Day School has controlling
interest of the school and would therefore be the responsible party.
Councilmember Horne stated the Planning Commission has done due
diligence on this application.
Councilmember Zoldos stated he too agrees with the Planning Commission
recommendation and that installing no u-turn signs are a good idea.
Councilmember Hammier agreed with the Planning Commission
recommendation.
Randv Minchew. 330 W. Market Street, spoke on behalf of the applicant.
He suggested an additional condition regarding the replacement of dead
or diseased perimeter buffer trees for the duration of the special exception
use.
Town Council Meeting of March 28. 2006
Paqe 4
He suggested that condition #1 be amended for more permanence and
with an annual conformance review. Further, additional language should be
added to condition #2 since Mr. Hollister has limited powers. He added an
addition to the school policy on the pedestrian crosswalk as follows,
"admonishes all parties within the direct or indirect control of the Applicant to
refrain from parking on Fairview Street".
Councilmember Kramer suggested no parking signs along Fairview Street
for the school hours and the addition of no u-turn signs.
Randy Hollister added their may concern is the safety of the community
and students.
Staff reported they had contacted Dr. Sam Adamo with Loudoun Public
Schools and his preference would be to not have a crosswalk at this site.
Mr. Burkholder stated the Planning Commission's opinion of the Annual
Performance Review was that it would make the structures more permanent
and they were opposed to this condition.
Council was in agreement with the Planning Commission's
recommendation.
Mayor Umstattd stated there was one petitioner at the Planning
Commission who wished to extend the sunset clause for five years.
Sharon (inaudible). 308 Locust Mill Dr., addressed Council in opposition to
installing a crosswalk and the trailers being made permanent.
The public hearing closed at 9:25 p.m.
Randy Minchew stated since there is no support for Condition #1, they will
accept the Planning Commission conditions.
On a motion by Councilmember Zoldos, seconded by Councilmember
Horne, the following motion was proposed:
2006-54
RESOLUTION
Approving TLSE-2005-0007 Loudoun Country Day School to permit a time
extension use of modular classroom buildings at 237 Fairview Street, NW.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and
Mayor Umstattd
Nay: None
Vote: 7-0
b. Zoning Ordinance Amendment - Signs in the Historic District
The public hearing opened at 9:26 p.m.
Town Council Meeting of March 28. 2006
Page 5
Annie McDonald outlined this proposed amendment to allow the
preservation Planner to administratively approve certain sign applications in
the H-l Old and Historic Overlay District.
She stated wall signs, wall directories and projecting signs are the most
appropriate for approval at the staff level.
She stated these amendments will relieve often lengthy monthly BAR
agenda and allowing the board to focus on the larger projects that require
more time for review.
She added the Board of Architectural Review and Planning Commission
have recommended unanimous approval.
Council concurred with this recommended amendment
Teresa Minchew recommended Council approve the proposed amendment.
The public hearing closed at 9:42 p.m.
On a motion by Councilmember Burk, seconded by Vice Mayor Martinez,
the following motion was proposed:
2006-0-5
ORDINANCE
To amend and reordain Section 7.5.6 (Administrative approval of Historic
District Permits) Article 7 (Overlay and Special Purpose Districts); Section
15.11.1 (Historic District Zoning Permit Required) and Section 15.11.4 (Area,
Height, Number and Location of Signs) both of Article 15 (Sign Regulations)
all of the Zoning Ordinance of the Town of Leesburg, Virginia 2003 as
amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor
Umstattd
None
7-0
Nay:
Vote:
H. Legislation
I ORDINANCE
None
CONSENT AGENDA
On a motion by Councilmember Horne, seconded by Councilmember Burk, the
following consent agenda was proposed:
2006-55
RESOLUTION
Approving the settlement with Blue Sky Aviation to terminate its lease with the Town
in regards to its operations at the Leesburg Executive Airport.
Town Council Meeting of March 28. 2006
Pa~6
2006-56
RESOLUTION
Making a reduction of the performance guarantee for public improvements installed
in Stowers, Phase 3, Section 4.
2006-57
RESOLUTION
Donating funding for bus service for the May 21, 2006 Loudoun County Volunteer
Rescue Squad Open House, between the hours of 12:30 p.m. and 5:30 p.m.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Councilmember Zoldos, seconded by Councilmember Horne,
the following motion was proposed:
2006-58
RESOLUTION
Notice of intention to approve and adopt a boundary line adjustment agreement
between the County of Loudoun, Virginia and the Town of Leesburg, Virginia and
authorizing publication of a notice and a public hearing - Festival Lakes
Town Attorney Barbara Beach stated this action will allow us to move forward
to an April 11 public hearing; the same as Loudoun County.
She verified the total acreage is 111.5 acres.
Councilmember Hammier stated she looks forward to the public input and
providing water and sewer to the ball fields.
Mayor Umstattd stated she is in opposition since this is a significant increase
in the size of the Town.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Zoldos
Nay: Mayor Umstattd
Vote: 6-1
H. Boards and Commissions
a. Airport Commission
No comment
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
Town Council Meeting of March 28. 2006
Page 7
d. Cable Television Advisory Commission
No comment
e. Economic Development Commission
Councilmember Horne reminded everyone the Business Appreciation
Awards will be held on May 16 and that nomination forms are due by April 21
and are available on the web.
f. Environmental Advisory Commission
No comment
g. Information Technology Commission
No comment
h. Parks and Recreation Commission
No comment
i. Planning Commission
No comment
j. Tree Commission
No comment
k. Standing Residential Traffic Committee
No comment
I. Old Business
J. New Business
a. RESOLUTION
Exercising Right of First Refusal for 5 and 7 Wirt Street
Mayor Umstattd recused herself and left the room for discussion and
voting on this resolution.
On a motion by Councjlmember Burk, seconded by Councilmember
Kramer, the following motion was proposed:
2006-59
RESOLUTION
Exercising Right of First Refusal for 5 and 7 Wirt Street.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Zoldos
Nay: None
Vote: 6-0-1(Mayor Umstattd recused)
b. RESOLUTION
Requesting the reinstatement of proffer replacement funds for the
Leesburg Fire and Rescue Companies.
On a motion by Councilmember Hammier, seconded by Vice Mayor
Martinez, the following motion was proposed:
Town Council Meeting of March 28. 2006
Page 8
2006-60
RESOLUTION
Requesting the reinstatement of proffer replacement funds for the Leesburg
Fire and Rescue Companies.
John Wells provided additional numbers regarding Loudoun County
funding. He also stated that Councilmember Hammier has provided a history
of proffers and proffer guidelines for the fire and rescue companies.
Councilmember Hammier asked that a letter be sent to the County
voicing our concern for funding for Leesburg Volunteer Fire and Rescue
Companies.
She expressed concern with the wording of the resolution stating the
wording; "Proffer Replacement Fund" should be stricken and replaced with
support from the "general fund".
John Wells further explained the Town is looking to have full funding
for the volunteer fire and rescue companies in Leesburg and at the minimum
$1 million be reinstated from the general funds for the Leesburg companies.
Councilmember Burk suggested a letter be sent to the County in lieu of
a resolution.
Mr. Wells stated the importance of having a resolution to document
Council's vote.
Barbara Beach recommended the words "proffer replacement" be
deleted throughout the resolution.
Councilmembers Hammier and Martinez accepted an amendment to
delete the language "proffer amendment".
Vice Mayor Martinez asked that the wording show full funding for the
Leesburg Volunteer Fire Department and the Loudoun County Rescue Squad.
Councilmember Horne stated she would like an explanation from the
Loudoun County Board of Supervisors as to why they would take away
funding from the Leesburg Volunteer Fire Department and Loudoun Volunteer
Rescue Squad.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez, Zoldos and Mayor
Umstattd
Nay: None
Vote: 7-0
L. Council Comments
Councilmember Hammier reported meeting with Steven Robin who was
representing Mark Silverwood on March 20 regarding a pending redevelopment
project.
Town Council Meeting of March 28. 2006
Page 9
She thanked the Finance Department for providing the 2007 proposed budget
on the Town website. Further, the budget public hearing will be held on April 4th to
seek public comments.
Councilmember Hammier stated her appreciation for the information provided
on the Avian Flu.
She thanked Supervisor Clem and Bridget Bangert for the proffer information.
She thanked the Tree Commission for choosing Exeter for the planting
location of the Arbor Day Tree that will be on display at the Flower and Garden
Show. Further, she reminded citizens that the Annual Flower and Garden Show will
be held April 22 and 23.
Councilmember Hammier congratulated the Loudoun County Girl's Basketball
Team for their accomplishments at the State level. She added they are an
inspiration and moral booster to the entire community.
She congratulated all current students and alumni of George Mason University
for the men's basketball team's achievement in reaching the NCAA Final Four.
She sent out a get well wish to Mr. Wordsworth.
Councilmember Zoldos congratulated the Loudoun County Girl's Basketball
Team stating they are an inspiration to the youth of the community.
He extended his get well wishes to Jim Wordsworth.
Councilmember Horne disclosed a meeting on March 21 with Silverwood
Homes regarding the Crescent District Master Plan. She stated she had an
opportunity this evening to interview high school and college students interested in
courses at the Sorenson Institute for Political Leadership.
She extended congratulations to the Lady Raiders Basketball Team for their
accomplishments.
She stated she is very proud of the George Mason University Men's Basketball
Team for reaching the NCAA Final Four.
Finally, Councilmember Horne encouraged citizens to come out and take part
in the Keep Leesburg Beautiful cleanup campaign on April 15.
Councilmember Burk reported meeting with Andrew Basham and Mark
Silverwood of Silverwood Development regarding the Crescent District Master Plan.
She offered her congratulations to the Loudoun Raiders Girl's Basketball
Team.
She added VRTA has a new program which picks up students from Blue Ridge
Middle School and transports them to the Catoctin Skate Park two days a week.
Councilmember Burk reported on April 18 Shenandoah University will be
honoring the nominees for the Teacher of the Year.
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Paqe 10
She reported attending the Federal Realty ribbon cutting ceremony.
She encouraged citizens to come out and take part in the Keep Leesburg
Beautiful cleanup campaign on April 15.
Vice Mayor Martinez congratulated the Loudoun Raiders Girls Basketball Team
on their accomplishments.
He thanked the Town Manager for providing Council with the information the
avian flu.
He congratulated the George Mason University Men's Basketball Team on
their successful year by reaching the NCAA Final Four.
Vice Mayor Martinez stated he too meet with Silverwood Development and
has filed a disclosure statement with the Clerk's Office.
Councilmember Kramer reported that she too will be meeting with Silverwood
Development next week.
M. Mayor's Comments
Mayor Umstattd thanked Tiger Claw Tae Kwon Do for their kickoff for St. Jude
Children's Research Hospital stating they raised $12,000 at their kick off held at
Loudoun Country Day School.
She reported the U.S. Tae Kwon Do Academy has asked Council to participate
in a welcoming for the Sam Cheok City celebration in early May. Master Choi will be
organizing this event.
She reported attending the VDOT public hearing on Battlefield Parkway this
afternoon and thanked those citizens who attended. She added that Ken Reid has
suggested that she mention once again that until April 7 you can email comments on
the section of Battlefield Parkway between Kincaid Boulevard and Rt. 7 to
meeti ng com ments@vdot.va.gov.
She added Senator Mark Herring was there to lend his support to the Town's
most important project. There was a discussion on the possibility of a design/build
process which could be used to expedited process. Town Staff is hoping that by
using that process we could have ground breaking in 2008. She added most
comments received at VDOT were from Kincaid Forest or Tavistock Farms urging
VDOT to move this project forward as soon as possible.
Further, Senator Herring left this meeting to attend the Governor's Town Hall
meeting to relay our strong support for Battlefield Parkway.
The Mayor reported attending the ribbon cutting for Edwards Landing Park.
She added this is a 32-acre park site that will remain in its natural state.
She thanked Melanie Miles for giving her the opportunity to speak with Hanna
from the Netherlands who is doing a research project through the Miles' company in
conjunction with Penn State.
Town Council Meetinq of March 28. 2006
Paqe 11
N. Manager's Report
John Wells reported the latest activity on the power lines. The hearing
examiner has suggested a route that does not match up with the Council's resolution
as to the preferred route. Based upon the testimony the hearing examiner has heard
he will be considering two pOints: (1) ruling on the viability of the route; (2) there is
a public notice issue with a portion of that route around the Paeonian Springs area.
He stated Mr. Nicholson will keep us posted on the outcome of these two issues.
Barbara Beach stated the hearing examiner's proposed route was not given
proper notice.
Mr. Wells reminded Council the budget meetings next week will be held on
April 4, 5, and 6.
He added the response to budget questions raised by Councilmembers Burk
and Horne is in Council mailboxes.
O. Adjournment
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
meeting adjourned at 10:27 p.m.
C. Umstattd, Mayor
Town of Leesburg
ATTEST:
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C rk of Council
2006_tcmin0328