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.
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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