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.
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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.
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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
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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:
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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.
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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