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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. Town Council Meetinq of March 28. 2006 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: ;J!!WJ~~ C rk of Council 2006_tcmin0328