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HomeMy Public PortalAbout1999_09_28TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 28, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, September 28, 1999, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. Mayor Clem called the meeting to order. COUNCILMEMBERS PRESENT George F. Atwell Mervin Jackson Leonard McDonald Kristen C. Umstattd B. J. Webb Bob Zoldos Mayor Clem STAFF MEMBERS PRESENT Town Manager Robert S. Noe, Jr. Director of Engineering and Public Works Thomas A. Mason Director of Finance Paul E. York Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Kaj Dentler Assistant Town Manager for Economic Development John Henry King Airport Manager Juan Rivera Town Attorney George Martin Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION: Vice Mayor Webb 2. SALUTE TO THE FLAG: Life Scout, Michael Ford, Troop 1159 3. ROLL CALL: All members of Council were present. 4. APPROVAL OF MINUTES: No minutes were submitted for approval. Mayor Clem welcomed Town Manager Robert S. Noe, Jr. Mr. Noe thanked the Council and citizens for their confidence in him by selecting him to be Leesburg's Town Manager. CERTIFICATE OF APPRECIATION: Airport Manager Juan Rivera, Mayor Clem and Chairman of the Airport Commission Stanley Caulkins presented a Certificate of Appreciation to Mr. Jim Greet, Top Eagle II. 6. PETITIONERS Ms. Cemile Bingol a resident of Catoctin Chase, addressed the Council with concerns regarding the proposed VDOT 2020 Transportation Plan. Ms. Bingol opposed the proposal of rail service to Leesburg, and expressed concern at the location of the bridge crossing as proposed in the Western Transportation Corridor Plan. 7. PUBLIC HEARINGS a. To consider Permit Parking Zones. Director of Finance Paul York provided the staff report. Vice Mayor Webb asked if the $1.00 permit fee could be waived. Ms. Webb also addressed the fact that, at this time, no overflow of parking into the neighborhoods exists, and that taking a survey of the neighborhoods, at this time, would not be valid. Councilmember Umstattd asked if another public hearing could be held in January, when parking may become a problem. Councilmember Zoldos asked if the 15-day timeframe for conducting the survey could be extended to 45 days. Councilmember Umstattd suggested extending the survey time period to 4 months. Ms. Patti Nelson, a resident of Rosemeade Place, agreed that taking a survey now would not reveal that a problem exists. Ms. Nelson suggested posting signs that say "Permit Parking During School Hours.". Mr. Anthony Coviello, President of the Foxridge Homeowners Association, protested the overspill of student parking into the Foxridge development. Mr. Coviello requested 3 parking spaces at the entrance of Foxridge Drive be made marked "no parking." Mr. Coviello protested the use of Children's Center Road by the Shenstone development. Mr. Joseph Easton, a resident of Foxridge, questioned how the Town would determine how many permits are issued per household. Mr. Easton agreed with the "Permit Parking During School Hours." sign. Mr. Brian Talbot, a resident of 410 Wingate Place, expressed support of the permit parking zones. Mr. Boyd Callender, a resident of 332 Foxridge Drive, questioned why kids are permitted to drive to school. Mr. Callender stated issuing permits to homeowners downgrades a community. Mr. Callender asked the Council to reconsider this matter. Ms. Cemile Bingol, a resident of 205 Primrose Court, stated that the paperwork involved with issuing permits for guests and visitors seems cumbersome. Ms. Bingol expressed support of resolving the issue but is concerned with how it will work. Mr. Frank Hinckle, a resident of Prospect Hills, stated he has no objection with the students parking in his neighborhood, but does object to their behavior and attitude toward the residents. Ms. Lori Young, a resident of Ashton Downs, stated this issue is the high school's problem and should be addressed and resolved by the school, not by the residents of Leesburg. Mr. Robert Thornburgh, a resident of 340 Foxridge Drive, expressed concern that permit parking will impact many of the residents of Foxridge because many of the residents depend upon on-street parking. Mr. George Velez, a resident of 342 Foxridge Drive, questioned why the Council is taking action on permit parking when this problem will be resolved with the opening of the new high school. The Mayor closed the public hearing. This matter was referred to the October 5, 1999, Administration and Public Works Committee agenda for further consideration. bo To consider amendments to the Leesburg Zoning Ordinance regarding parking requirements for public and private schools. Director of Planning and Zoning Michael Tompkins provided the staff report. No public comment was received. The public hearing was closed. This matter was referred to the October 5, 1999, Planning and Zoning Committee agenda for further consideration 8. COUNCILMEMBER COMMENTS Councilmember McDonald reported on the Environmental Advisory Commission meeting. Mr. McDonald expressed concern about the Board of Supervisor's disregard of the Town Council's resolution regarding Children's Center Road. Councilmember Atwell had no comments. Councilmember Umstattd welcomed Mr. Noe, stating she is very impressed with him and appreciates his integrity. Ms. Umstattd suggested something be done on behalf of Frank Buttery for his years of service to the Town. Ms. Umstattd asked that item 11. (e) be referred back to the Administration and Public Works Committee agenda for further consideration. Councilmember Zoldos also welcomed Mr. Noe. Mr. Zoldos reported on the progress of the Information Technology Committee. He attended the groundbreaking ceremony at the Thomas Balch Library. Mr. Zoldos suggested advertising for the two vacancies currently on the Board of Architectural Review. He complimented the Parks and Recreation Department for hosting the annual visit of the NBA rookies. Vice Mayor Webb welcomed Mr. Noe. Ms. Webb will be attending a meeting with members of the County's staff to discuss the Route 7 parallel plan. Ms. Webb appreciated the comments made by the residents regarding the high school parking issue. Ms. Webb thanked the Town for hosting the United Way Kickoff campaign on the Town Green and John Creamer for painting rooms at the YMCA. 9. MAYOR'S REPORT Mayor Clem thanked the Scout Masters and leaders for all the work they do with the youth in the community. Mayor Clem attended an informational meeting at the hospital and the Taste of Leesburg held at the outlet mall. He received an advanced copy of the Information Technology Committee's report and asked to receive a report on the Y2K readiness for the town. With regard to the 2020 Transportation Plan, Mayor Clem stated the town is staying on top of this issue and has met with VDOT to express the concerns of the Council. 10. MANAGER'S REPORT Mr. Noe referred to the bi-monthly Manager's Report stating in his opinion the report contains a lot of information that could be uninteresting and perhaps irrelevant to the proper functioning of the Council. He suggested providing the Council and public with information that would be helpful and informative. Mr. Noe requested the Council to contact him to further discuss his recommendation regarding the Manager's Report. 11. LEGISLATION (a) DISCUSSION: Councilmember McDonald stated, he has received concerns from Town citizens regarding the lack of baseball fields in the Town. He asked the Council and staff to address the issue of including one ball field in the proposed plan. Vice Mayor Webb stated, the proposed master plan received unanimous approval from the Parks and Recreation Commission and that she will support the proposal. Councilmember Zoldos stated there is room for a ball field on the proposed plan but there is no reason to send this matter back to Committee. Councilmember Jackson stated he would like to refer this matter back to Committee for further consideration. 11. (a) was referred to the October 5, 1999, Planning and Zoning Committee for further consideration. CONSENT ITEMS 11. (d), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) MOTION: On motion of Zoldos, seconded by Webb, the following resolutions were proposed as consent items and adopted. 99-292 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG TOWN PLAN ELIMINATING DAVIS AVENUE FROM THE TRANSPORTATION POLICY MAP 99-293 - RESOLUTION - APPROVING THE VACATION OF A PORTION OF A SANITARY SEWER EASEMENT ON THE LANDS OF REHAU, INCORPORATED AND INTERNATIONAL PAVILION 99-294 - RESOLUTION - AWARDING A CONTRACT TO HUNTER-KNEPSHIELD FOR THE DESIGN AND INSTALLATION OF REPLACEMENT PLAYGROUND EQUIPMENT AT FOXRIDGE PARK 99-295 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR A TEA-21 ENHANCEMENT GRANT PROJECT 99-296 - RESOLUTION - MAKING AN APPROPRIATION TO FUND THE GEORGE WASHINGTON UNIVERSITY LOUDOUN ENVIRONMENTAL IMPACT PROJECT 99-297 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK - PHASE VIII, SECTION 2A (LANDBAY "J") 99-298 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK - PHASE III, SECTION 2 (LANDBAY "H") 99-299 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR KINCAID FOREST SECTION 7 99-300 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT TOWNES OF VANDERBILT, SECTION 3 99-301 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION, SECTION 6BCD 99-302 - RESOLUTION - RESCHEDULING THE OCTOBER 19, 1999 COMMITTEE MEETINGS TO WEDNESDAY, OCTOBER 20, 1999, AND RESCHEDULING THE NOVEMBER 2, 1999, COMMITTEE MEETING TO WEDNESDAY, NOVEMBER 3, 1999 VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem Nay: None REGULAR AGENDA ITEMS 11. (b) DISCUSSION: Councilmember Umstattd stated, "I will be voting against this because I am concerned that in our gateway corridor to Leesburg we are beginning to bulkinize those properties with a lot of small uses that I don't think the Town Plan envisions - small industrial uses are beginning to crop up. This is an issue that the Council may want to look at in the future in a larger context. In the Town Plan this area calls for premier office parks on Route 7. I am afraid with the applications we are beginning to see now - we are getting a lot of small industrial uses and I am afraid if we fill up those acres with auto body repair shops and mini- warehouses, we are going to discourage premier corporate offices for locating here. That's the trend I am beginning to see in the Route 7 corridor." MOTION: On motion of Webb, seconded by Zoldos, the following resolution was proposed and adopted. 99-303 - RESOLUTION - INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE TO PERMIT AUTO BODY REPAIR USE BY SPECIAL EXCEPTION IN THE I-1 INDUSTRIAL RESEARCH PARK ZONING DISTRICT DISCUSSION: Vice Mayor Webb stated, "I appreciate Ms. Umstattd's comments. The reality of this special exception is number one, it is a special exception as are all uses of this type in that area. This is not on Route 7. In fact it is sitting behind all of the car dealerships. It is an area that will be improved by this application and again a reason that we dictated that this type of use be only allowed as a special exception protects us from the very issue that Ms. Umstattd raised. So ! will be supporting this." Mayor Clem stated, "the Ford shop wants to move their body shop over to this building. It gives them the opportunity to clean up the back of the Ford place where all the cars are stored. It will enhance the looks of that end of town. I will be supporting this." VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Webb and Clem Councilmember Umstattd and Zoldos 11. (c) DISCUSSION: Mayor Clem stated, "I just want to make my comments one more time. If you go back and take a look at Children's Center Road, you look at Dry Mill Road, you look at all the roads that are going to be affected. I do not feel that the County has properly addressed this. Having said that, we will have the opportunity to work with them to alleviate or hopefully reduce the impact of any problems that might be created by the use of Children's Center Road if in fact they insist on using it. And for that reason I will vote against it." MOTION: adopted. On motion of Webb, seconded by Umstattd, the following resolution was proposed and 99-304 - RESOLUTION - COMMENTING ON THE CHILDREN'S CENTER ROAD CONNECTION RELATED TO THE ROUTE 7 LIMITED ACCESS PLAN VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Webb, Umstattd and Zoldos Mayor Clem 11. (e) was referred to the October 5, 1999, Administration and Public Works Committee meeting for further consideration. 11. (p) MOTION: On motion of Webb, seconded by Jackson, the following resolution was proposed and adopted. DISCUSSION: Councilmember McDonald expressed concern with root growth into the existing utility lines, and the age of those utility lines. If problems occur the town will have to remove the trees to replace the lines. Councilmember Umstattd stated she will vote in favor of this resolution and thanked the residents of Memorial Drive for this wonderful beautification project. Councilmember Zoldos and Vice Mayor Webb stated they would support the resolution. The residents have worked hard to arrive at a very responsible solution. VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Webb, Umstattd, Zoldos and Mayor Clem None 11. (q) Reconsideration of initiating amendments to the Land Use and Transportation Elements of the 1997 Town Plan DISCUSSION: Councilmember McDonald stated, he originally voted against the request but the applicant deserves to have this go forward to a public hearing. Mr. McDonald stated he would not support any change to the transportation plan that deviates from a cloverleaf. MOTION: On motion of McDonald, seconded by Zoldos, a motion was made to reconsider the vote. Deputy Town Attorney Welsh stated, "this would be a motion on whether or not the Council desires to reconsider the primary motion which was whether or not the Council wants to initiate an amendment." Councilmember Atwell stated, "I will support the applicant's request to move forward with a public hearing but with no endorsement of the application." VOTE: Aye: Nay: Councilmembers Atwell, McDonald, Webb, Umstattd, Zoldos and Mayor Clem Councilmember Jackson MOTION: adopted. On motion of Webb, seconded by McDonald, the following resolution was proposed and 99-306 - RESOLUTION - INITIATING AMENDMENTS TO THE LAND USE AND TRANSPORTATION ELEMENTS OF THE 1997 TOWN PLAN DISCUSSION: Vice Mayor Webb stated, "the Planning and Zoning Committee wanted to give the opportunity for a complete and full hearing on this issue. It was not necessarily that any member of the Committee supported the suggested amendments. But we thought that it certainly needed to have those issues put in front of the public and discussed thoroughly. That's why the P&Z Committee voted 3-0 without recommendation to send it forward to the Council to suggest the initiation and let the Planning Commission look at the issues." Councilmember Umstattd stated, "the Committee, in sending it forward with no recommendation did just that. We gave absolutely no direction to the Council whether they should initiate this amendment. We felt this was something the Council needed to address. I have had no objection to the Council reconsidering any position it has taken in the past, but I will be voting against this resolution." Mayor Clem stated, "any time you initiate something like this and send it to the Planning Commission it does not mean it is going down with an endorsement of the Council. It is just taking the proper steps to have a public hearing. Everyone's voice will be heard and a recommendation will be brought back to this Council." Councilmember Atwell stated, "he attended the Planning Commission meeting where this issue was discussed. The staff did an outstanding job of developing a road map for the Planning Commission to follow, and subsequently for this Council to follow as we go through the deliberations." VOTE: Aye: Nay: Councilmembers Atwell, McDonald, Webb, Zoldos and Mayor Clem Councilmember Jackson and Umstattd 12. NEW BUSINESS (t) MOTION: On motion of McDonald, seconded by Umstattd, the following ordinance was proposed and adopted. 99-0-29 - ORDINANCE - AUTHORIZING THE EXTENSION OF THE DUE DATE FOR 1999 PERSONAL PROPRETY TAX PAYMENTS VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem None (u) MOTION: On motion of Jackson, seconded by Umstattd, the following resolution was proposed and adopted. 99-307 - RESOLUTION - AUTHORIZING THE TOWN OF LEESBURG'S PARTICIPATION IN THE INTERNATIONAL CITY MANAGER'S ASSOCIATION DEFERRED COMPENSATION PLAN VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem None (v) MOTION: On motion of Jackson, seconded by Umstattd, the following resolution was proposed and adopted. 99-308 - RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem None (r) MOTION: On motion of Zoldos, seconded by Jackson, the following motion was made: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in a closed meeting. The authority for this closed meeting is found in Section 2.1-344 (a), Subsection (3) of the 1950 Code of Virginia, as amended. The purpose of this closed meeting is to discuss the acquisition of property from the International Pavilion Limited Partnership, and the acquisition of property for a park. The following individuals are requested to remain for the meeting: the Town Manager, the Director of Engineering and Public Works, the Director of Finance, the Director of Parks and Recreation, the Chief of Plan Review and the Deputy Town Attorney. VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem None (s) MOTION: On motion of Zoldos, seconded by McDonald, the following resolution was proposed and adopted. 99-309 - RESOLUTION - CERTIFYING THE CLOSED MEETING'OF SEPTEMBER 28, 1999 WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in a closed meeting in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the closed meeting to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said closed meeting was convened were heard, discussed or considered by the Leesburg Town Council. VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem None On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m. Clerk of Council es E. Clem, Mayor Town of Leesburg