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HomeMy Public PortalAbout1998_12_08TOWN COUNCIL MEETING MINUTES OF DECEMBER 8, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, December 8, 1998 at 7:30 p.m., in the Council Chambers, 25 west Market Street, Leesburg, Virginia 20178, Municipal Government Center. The meeting was-ca}led to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT Frank Buttery Leonard McDonald (absent) Joseph R. Trocino Kristen C. Umstattd B. J. Webb Bob Zoldos Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C, Brown Director of Planning, Zoning and Development Michael Tompkins Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Landscape Architect John Johnston Assistant Town Manager for Economic Development John Henry King Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Vice Mayor B J Webb. 2. SALUTE TO THE FLAG was led by Chief of Police Keith A. Stiles 3. ROLL CALL all members of the Town Council were present except Councilmember Leonard McDonald. 4. APPROVAL OF MINUTES: No minutes were submitted for approval. CERTIFICATES OF APPRECIATION: Certificates of Appreciation were presented to Leesburg Police Citizen Support Team members Raymond Kirkpatrick, Ronald Leetch and Stephen Hood. PROCLAMATION: MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the following proclamation was proposed and adopted. A Proclamation Drunk and Drugged Driving Prevention Month December, 1998 VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Zoldos, Webb and Mayor Clem Nay: None Absent: Councilmember McDonald 6. PETITIONERS: Mr. Jeffrey Henry_ representing GAI Consultants, Inc., provided a summary of the Historic District Survey, Phase II. Ms. Cheryl Kilday, Ms. Patty Rogers and Ms. Vicky Vandoor, representing the Loudoun Tourism Council (LTC) provided an update on LTC's progress and promotion of Leesburg and Loudoun County. Ms. Liz Clark and Ms. Sherry Trocino, representing Blue Ridge Speech and Heating thanked the Council for Mr. Uran's generous donation. -2- Mr. Randy Minchew addressed the Council ~as out-going Chairman of the Loudoun County Economic Development Commission. PUBLIC HEARING: To consider Intermodal Surface Transportation Efficiency Act (TEA- 21) Enhancement Grant applications. Mr. Dentler and Mr. Johnston provided the staff report for each of the projects. Councilmember Trocino stated, it is curious why Loudoun County would not vote for the joint effort of this project. Mr. Dentler explained, the County decided not to take a vote to go forward with this project, however they did provide information and guidance throughout the process. The County felt this was a project they could not afford and because of the opposition and concerns of the Chancellor Street residents. Councilmember Umstattd read the following comments into the record on behalf of Councilmember McDonald. "He is concerned about the increase in county debt service going from $9 million to $85 million. He, although very supportive of parks and trails, feels that we should pay tax payer dollars for parks and trails only if we can afford first to pay for our school needs. He puts schools as a higher priority than parks and trails. He cannot support more of a burden on the homeowners, however he did make the statement that if the money were there he would be supportive of spending it on parks and trails." Ms. Sue Webb, member of the Chancellor Street Task Force, representing the Loudoun County Parks and Recreation Advisory Board, addressed the Council. There were concerns raised by the citizens on Chancellor Street and representation by residents of Woodlea Manor, Greenway, Country Club, and Linden Hill. The research by the task force revealed that a trail is needed. "When it came down to taking a vote, the county people abstained from voting because they did not want to influence anything." The vote was 6-1 with the citizens of Chancellor Street not wanting the trail connection. At last Tuesday's meeting, other problems were worked out, and all attending the meeting, including the Chancellor Street representative, moved in consensus to ask the Council to approve the trail connection. Mr. Doug Goolsby, addressed the Council in opposition to the Chancellor Street trail connection. Mr. Randy Bozarth, a resident of 316 Nickels Drive, S.W., addressed the Council in support of the Chancellor Street trail connection. Mr. Bozarth then read a letter written by Mr. Sydney Lord, a resident of Woodlea Manor, also in support of the Chancellor Street trail connection. Mr. Tom Steinhice, a resident of 904 Chancellor Street, addressed the Council in opposition to the Chancellor Street trail connection and asked the Council to reconsider the location of this connector trail. Mr. Mooreland, a resident of Chancellor Street, addressed the Council in opposition to the Chancellor Street trail connection. Mr. Steve Custer, a resident of the Greenway Subdivision, addressed the Council in support of the Chancellor Street trail connection. Miss Lauren Smallwood, a resident of 901 Chancellor Street, addressed the Council in opposition to the Chancellor Street trail connection. Ms. Sandy Smallwood, a resident of 901 Chancellor Street, addressed the Council in opposition to the Chancellor Street trail connection. Mr. Rich Irvine, a resident of the Greenway Subdivision, addressed the Council in support of the Chancellor Street trail connection. Mr. William Wolf, a resident of Orr Circle, S.W., addressed the Council in opposition to the Chancellor Street trail connection. Ms. Betty Sutherland, a resident of Leesburg, addressed the Council in opposition to the Chancellor Street trail connection. -3- Ms. Windy Curwin, a resident of Country Club Dr~ve, addressed the Council in opposition to the Chancellor Street trail connection. Mr. Ed Lillis, a resident of Greenway Farms, addressed the Council in support of a connector trail from the southwest quadrant of Leesburg into downtown Leesburg. Ms. Sue Webb, clarified that the task force moved in consensus to move the, report of the task force to the Town Council. Ms. Bonnie Westfail_, a resident of Greenway Subdivision, addressed the Council in support of the Chancellor Street trail connection. Mr. Travis Moran, a resident of Nickels Drive, S.W., addressed the Council in support of the Chancellor Street trail connection. Mr. Brian Snyder, a resident of Greenway Subdivision, addressed the Council in support of the Chancellor Street trail connection. Ms. Cheryl Steinhice, a resident of 904 Chancellor Street, S.W., addressed the Council in opposition to the Chancellor Street trail connection. Ms. Tonya Neal, a resident of 220 Dry Mill Road, addressed the Council in support of the Chancellor Street trail connection. Mr. John Erickson, a resident of Greenway Subdivision, addressed the Council in support of the Chancellor Street trail connection. Mr. Robert Taylor, a resident of Linden Hill, addressed the Council in support of the Chancellor Street trail connection. Miss Sarah Steinhice., a resident of 904 Chancellor Street, S.W., addressed the Council in opposition to the Chancellor Street trail connection. Vice Mayor Webb clarified for the public that this is a public hearing to consider sending a TEA- 21 grant application to the General Assembly. Ms. Webb also pointed out that the Town of Leesburg has nothing to do with the improvements to schools or building of schools, that is the responsibility of the Loudoun County School Board. Councilmember Zoldos thanked each member of the Chancellor Street Trail Task Force for serving on this committee. Mayor Clem thanked all the speakers this evening and pointed out that the public hearing will remain open for ten days for written comment. 10. MANAGER'S REPORT - this matter was taken out of order and a report was provided by J. Hamilton Lambert on the proposed information technology position. MOTION: a motion was made by Councilmember Zoldos, seconded by Councilmember Umstattd, to appoint a committee of local businesses. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Zoldos, Webb and Mayor Clem Nay: None Absent: Councilmember McDonald Vice Mayor Webb suggested the Council establish guidelines, goals and objectives for the committee before the committee is formed. Mr. Brown briefly reported from the Manager's Report, pointing out that the Kincaid Forest project is moving along very well. 8. COUNCILMEMBER COMMENTS -4- Vice Mayor Webb asked that the signage at the new public safety center be improved, as well as additional signage on Routes 7 and 15, and Edwards Ferry Road. Ms. Webb congratulated the parks and recreation staff on the successful Holiday Tree Lighting Ceremony. Ms. Webb attended a growth summit on Saturday, where unfavorable comments were made by Board of Supervisor Jim Burton regarding imposing additional impact fees on towns because they were not doing enough to provide for schools, etc. Ms. Webb and Mayor Clem attended the Banshee Reeks Park meeting. Ms. Webb met with a group of individuals who are considering bringing a business to Leesburg. Ms. Webb expressed concern that these individuals indicated that they have met with members of the town staff and were told that the colors of their building would not be acceptable. Ms. Webb stated staff and Council needs to have the opportunity to talk about these issues before telling potential new businesses this type of information. Ms. Webb has been working with the high school on a business/school partnership and she and her husband, Bob Twigg, have established a scholarship for students interested in pursuing a career in political science, government or public administration. The scholarship will be awarded to one member of the graduating senior class from Loudoun County High School who plans to pursue a career in one of the mentioned fields. The scholarship will be named the John Tolbert Government Service Scholarship. Councilmember Zoldos wished everyone a safe and happy holiday season. He encouraged the public to purchase a live tree in honor or in memory of someone. The tree will be counted towards the town's 2000 by 2000 project and can be planted at Ida Lee Park. Councilmember Trocino echoed Vice Mayor Webb's comments regarding Supervisor Burton's remarks at the growth summit. Mr. Trocino attended the National League of Cities Conference and stated he is in full support of the 1T position. He thanked the town's staff for collecting food baskets for the needy. Councilmember Umstattd expressed support of agenda item 11. (1) and encouraged the Council's support. Councilmember Buttery thanked the Loudoun Tourism Council for their report and commended the efforts of the volunteers of the Leesburg Police Citizen Support Team. Mr. Buttery also thanked Mr. Uran for his generous contributions to the Town of Leesburg. 9. MAYOR'S COMMENTS Mayor Clem reported on the successful Holiday Parade and Tree Lighting Ceremony as well as the Salvation Army's bell ringing campaign this year. He attended the Christmas dinner honoring the national guardsmen and the valor awards luncheon. Mayor Clem wished Councilmember McDonald a speedy recovery. Mr. McDonald is in John Hopkins Hospital undergoing testing. Mayor Clem scheduled an executive session on December 15, at 4:30 p.m. He stated the Council should begin reviewing the CIP in early January. He wished everyone a safe and happy holiday season. 11. LEGISLATION (a) MOTION: On motion of Councilmember Zoldos, seconded by Vice Mayor Webb, the following ordinance was proposed and adopted. 98-0-33 - ORDINANCE - AMENDING ARTICLE II, SECTION 2-24 STANDING COMMITTEES OF THE TOWN CODE WHEREAS, Town Council prefers to schedule committee meetings more efficiently and effectively; and WHEREAS, it is the desire of the Council to begin the Planning and Zoning Committee meeting at 5:00 p.m., immediately followed, after adjournment, by the Finance Committee and Administration and Public Works Committee. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: -5- The planning and zoning committee shall meet at 5:00 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The finance committee shall meet immediately following adjournment of the planning and zoning committee meeting b'.'.t :.n any event nc e~l;,er than 5:29 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The administration and public works committee shall meet immediately following adjournment of the finance committee meeting ~...~. ~..; .......... ~..., ~ .~...~ ..... .... ~..~.~;~ ~.~...... ~:.~nv...~ p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Absent: Councilmember McDonald 11. (b) was referred to the January 5, 1999 Administration and Public Works Committee agenda for further consideration. CONSENT ITEMS (c), (d), (e), (t), (g), (h), (i), (j), (k) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Trocino, the following resolutions were proposed and adopted. 98-275 - RESOLUTION - AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE FINANCING AGREEMENT, AND RELATED INSTRUMENTS, WITH CRESTAR BANK 98-276 - RESOLUTION - AWARDING A CONTRACT FOR ENGINEERING AND DESIGN OF THE SYCOLIN ROAD IMPROVEMENTS PROJECT 98-277 - RESOLUTION - RELEASING THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEESBURG CORNER PREMIUM OUTLETS EARLY GRADING PLAN 98-278 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 2A 98-279 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 2B1 98-280 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 3Al 98-281 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE DRY MILL TOWNHOUSE SUBDIVISION 98-282 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION SECTION 6H 98-283 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR TAVISTOCK FARMS SECTIONS 6,9,10, (ll&12), 14, 18, (13, 19, 20 & 21) AND THE OFFSITE WATERLINE VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Absent: Councilmember McDonald REGULAR AGENDA 11. (1) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Trocino, the following resolution was proposed. RESOLUTION - INITIATING AN AMENDMENT TO ESTABLISH PLACES OF WORSHIP AS BY-RIGHT USES IN ALL ZONING DISTRICTS WHEREAS, "Places of Worship" are permitted with a special exception in all residential districts except multi-family and in the Industrial Research Park district; and WHEREAS, Town Council desires to permit "places of worship" by-right in the zoning districts identified above without a special exception and in those districts where the use is currently excluded; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The zoning ordinance amendment as described above is hereby initiated by Council and referred to the Planning Commission upon completion of the draft text. DISCUSSION: Vice Mayor Webb expressed concern with fractionalizing or piece-mealing the zoning ordinance. Additional research needs to be done on this issue. Mayor Clem stated, the Planning Commission raised several questions regarding this issue that were not answered. He concurred with comments made by Vice Mayor Webb. Councilmember Umstattd stated, the Council has a policy to initiate zoning amendments without going into a full review beforehand. There will be a full review after an initiation, as in many previous cases. All the issues raised will be hashed out by the staff, Council and Planning Commission. This simply initiates the process. Councilmember Trocino stated, it is appropriate to initiate, for philosophic reasons, this type of approach. The study can begin if this is initiated. VOTE: Aye: Councilmembers Trocino, Umstattd Nay: Councilmembers Buttery, Webb, Zoldos and Mayor Clem Absent: Councilmember McDonald 11. (m) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Buttery, the following resolution was proposed and adopted by a role call vote. 98-284 - RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS AND REFUNDING BONDS VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Absent: Councilmember McDonald 11. (n) No action was taken. 12. NEW BUSINESS: Mayor Clem asked staff to install 20 MPH advisory signs on Fairview Street. MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Buttery, 20 MPH advisory signs are to be installed on Fairview Street. -7- VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Absent: Councilmember McDonald Staff is to prepare a memo on the Y2K matter. On motion of, and duly seconded, the meeting was adjourned at 11:00 p.m. Clerk of Council J~s E. Clem, Mayor