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HomeMy Public PortalAbout1999_10_26TOWN COUNCIL MEETING MINUTES OF OCTOBER 26, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, October 26, 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 Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Kaj Dentler Director of Finance Paul E. York Airport Director Juan Rivera Assistant Town Manager for Economic Development John Henry King Planner Stacey Rothfuss Information Officer Susan Farmer Town Attorney George Martin Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION: Councilmember Atwell 2. SALUTE TO THE FLAG: Vice Mayor Webb 3. ROLL CALL: All members of Council were present. 4. APPROVAL OF MINUTES: MOTION: On motion of Webb, seconded by Umstattd, the special meeting minutes of October 5, 1999 and the regular meeting minutes of October 12, 1999 were approved as submitted. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem. Nay: None Abstain: Councilmember Zoldos from 4. (b) 5. PETITIONERS Mr. Fred Fleming Candidate for the Loudoun County School Board, Leesburg District and founder of the Loudoun Education Foundation addressed the Council introducing himself as a candidate for School board and encouraged the public to vote on November 2, 1999. Ms. Patricia Murphy a resident of 16 West Market Street addressed the Council regarding the hours of construction for the storm water project on West Market Street and the noise it creates. Ms. Murphy asked the Council to reconsider the hours of construction, stating the noise is unbearable. Mayor Clem asked Mr. Mason to report on this matter. Mr. Bob Brown Co-Chair of the Downtown Committee invited the Town Council to attend a Downtown South Summit on November 10, from 7 to 9 pm at the Public Safety Center on Plaza Street. Mr. Brown stated the summit is a fact-finding meeting to improve the downtown south area from Loudoun Street to Dry Mill Road. Citizen input is welcome. Ms. Luretta Watkins a member of the Downtown Committee urged the Council to attend the summit. PUBLIC HEARINGS: a. To consider Special Exception Application #SE-99-08, Leesburg Toyota, Cardinal Industrial Park, Lot 11 - Ms. Rothfuss provided the staff report. No public comment was received. The public hearing was closed. This matter was referred to the November 3, 1999 Planning and Zoning Committee meeting for further consideration. b. To consider the South Harrison Street Trail project as a TEA-21 grant - Mr. Dentler provided the staff report. Mr. Brian Ours owner of the Leesburg Shopping Center stated he is in support of the trail project but there are some issues that need to be worked out. Mr. Ours stated he felt sure those issue could be worked out. The public hearing was closed. This matter was referred to the November 3, 1999 Planning and Zoning Committee meeting for further consideration. 7. COUNCILMEMBER COMMENTS Councilmember McDonald reported on the EAC meeting held last evening. The subject of the Catoctin Circle extension was discussed. Mr. McDonald stated the developer would consider turning this area into a park if it is not extended. Mr. McDonald stated there has been no increased traffic on North Street since the barricade was removed. Councilmember Atwell had no comment. Councilmember Umstattd reported on the Leesburg Commons public hearing recently held at the Planning Commission level. The first draft of the Zoning Ordinance update will be available next month. Councilmember Jackson had no comment. Councilmember Zoldos asked that agenda item 10. (i) be referred to the November 3, 1999 Administration and Public Works Committee for further consideration. Mr. Zoldos attended the annual VML Conference in Williamsburg. The sessions were very good and a lot of good information was exchanged. Vice Mayor Webb attended a citizen meeting of the Gleedsville Road and Masons Lane residents when the Gleedsville Road, Masons Lane and Route 15 intersection was discussed. Ms. Webb reminded everyone of the Halloween Parade on Sunday, October 31 at 6 p.m., and that October is Domestic Violence Prevention Month. Ms. Webb encouraged the Council to participate in the United Way Campaign. Ms. Webb attended the Dog Wood Ball. Ms. Webb questioned the status of the street closing policy. Ms. Webb urged everyone to vote on November 2, and vote yes for the parks bond referendum. 8. MAYOR'S REPORT Mayor Clem attended the Rehau expansion grand opening, a convention of Occupational Health Nurses at Xerox, the annual VML Conference in Williamsburg and the DMV grand opening. Mayor Clem participated in a clean-up project of the W&OD Bike Trail with Boy Scout Troop 982. A $1000 contribution was received from Walmart for the clean-up project. Mayor Clem received two calls from Mr. Uran. 9. MANAGER'S REPORT Mr. Noe referred to the Manager's Report adding that Parks and Recreation employee Jay Allred passed the National Examination of the Aquatic Facility Operators Certification Program. A Small Business Pre- Startup Work Shop will be held on November 9, 1999 from 7:45 a.m. to 10 a.m. in the Municipal Government Center. 10. LEGISLATION: (a) MOTION: On motion of Webb, seconded by Umstattd, the following ordinance was proposed and adopted, as amended by Vice Mayor Webb. 99-0-31 - ORDINANCE -AMENDING THE PAY AND CLASSIFICATION PLAN TO INCLUDE A BUDGET OFFICER, A BUDGET ANALYST AND AMENDING THE PAY GRADE FOR THE TOWN ATTORNEY WHEREAS, the town's pay and classification plan has been reviewed by the Town Manager; and WHEREAS, in order to maintain a consistently high level of service the number of positions should be revised and added. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTIONI. Section 12.1-13 of the Town Code, classification of town employees by occupational group and pay grades, is amended to read as follows: Sec. 12.1-13. Adoption. Employees in the town service are classified in the following occupational groups and pay grades: EXECUTIVE-MANAGERIAL Director of Engineering & Public Works 16 Director of Utilities 16 Director of Finance 16 Director of Planning, Zoning & Development 15 Chief of Police Director of Parks & Recreation 16 Deputy Town Manager 15 Director of Information Technology 16 Airport Director 14 Assistant Town Manager for Economic 14 Development Police Major 14 Town Attorney 14 Chief of Engineering -14 1t5 Director of Personnel 14 Budget Officer 14 LAW ENFORCEMENT Captain 13 Lieutenant 12 Sergeant 11 Corporal I0 Police Officer 9 ADMINISTRATIVE-CLERICAL Clerk of Council 10 Executive Secretary 8 Legal Secretary 7 Community Development Assistant 7 Planning & Zoning Assistant 8 Library Specialist 8 Finance Technician II 8 Administrative Secretary 6 Accounting Clerk II 7 Library Assistant 6 Accounting Clerk I 5 Secretary 4 Police Records Assistant 4 SUPERVISORY Deputy Director of Utilities 14 Superintendent Equipment Main. 13 Superintendent of Buildings, Grounds 13 Maintenance Utility Lines Superintendent 13 Utility Plant Superintendent 13 Deputy Director of Finance 14 Utility Plant Assistant Super. 12 Utility Maintenance Super. 13 Parks Manager 12 Recreation Manager 12 Utility Plant Supervisor 12 Utility Lines Assistant Super. 11 Library Manager 12 Assistant Superintendent Buildings, Grounds Maintenance 11 Utility Lines Maintenance Super. 9 Recreation Supervisor 10 Pool Manager 10 Communications Supervisor 10 Parks & Grounds Supervisor 8 Maintenance Supervisor 9 Front Desk Leader 5 TECHNICAL Contracts Administrator 11 Equipment Operator 8 Cross Connection Compliance Officer 9 Inspector I0 Assistant Zoning Administrator 9 Assistant Superintendent Equipment Maintenance 11 Senior Utility Plan Operator 9 Arborist 8 Budget Analyst 8 Utility Plant Operator 7 Infiltration/Inflow Technician 7 Systems Technician II 10 Systems Technician I 7 Communications Technician 6 Meter Technician 4 Zonin~ Inspector 7 PROFESSIONAL Chief of Operations & Inspections 14 Chief of Purchasing 12 Transportation Engineer 12 Chief of Planning 12 Zoninl~ Administrator 12 Engineer II 11 Planner II 10 Engineer I 9 Public Information Officer 10 CONSTRUCTION Lead Equipment Mechanic 9 MAINTENANCE Airfield Maintenance Technician 7 Equipment Mechanic 8 Utility Plant Operator Trainee 6 Maintenance Worker III 7 Maintenance Worker II 5 Maintenance Worker I 4 Custodian 2 Groundskeeper 5 PART-TIME Regular per hour Temporary per hour Seasonal per hour 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 $16,588 - $ 26,756 18,089 - 28,896 19,563 - 31,207 21,099 - 33,704 22,786 - 36,400 24,609 - 39,312 26,577 - 42,456 28,969 - 46,278 31,576 - 50,443 34,419 - 54,982 37,516 - 59,931 40,893 - 65,325 44,573 - 71,203 48,584 - 77,612 52,956 - 84,597 57,723 - 92,210 SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon passage. VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem None (b) Endorsing the proposed Northern Virginia 2020 Transportation Plan with requested amendments - was referred to the November 3, 1999 Planning and Zoning Committee agenda for further consideration. CONSENT ITEMS (c), (d), (e), (f), (g), (h) MOTION: On motion of Zoldos, seconded by McDonald, the following resolutions were proposed and adopted: 99-324 - RESOLUTION - AMENDING POSITIONS AND NUMBER OF EMPLOYEES IN THE TOWN'S SERVICE BY THE ADDITION OF A BUDGET OFFICER AND A BUDGET ANALYST, AND MAKING AN APPROPRIATION FOR THE BUDGET OFFICE 99-325 - RESOLUTION - AUTHORIZING CHANGING THE NAME OF THE LEESBURG MUNICIPAL AIPORT TO THE LEESBURG EXECUTIVE AIRPORT 99-326 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A SUBSTITUTE GUARANTEE FOR EXETER HILLS SECTION 5B AND RELEASING THE CORPORATE SURETY BOND FROM K. HOVNANIAN AT EXETER HILLS, INC. 99-327 - RESOLUTION - AUTHORIZING AN PERFORMANCE GUARANTEE AND WATER AND KINCA1D FOREST SECTION 5 AGREEMENT AND APPROVING A SEWER EXTENSION PERMITS FOR 99-328 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR NORTHLAKE SECTION 3 4 99-329 - RESOLUTION - AUTHORIZING THE MAYOR TO ENTER INTO AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING WITH THE NORTHERN VIRGINIA REGIONAL PARK AUTHORITY FOR THE ACQUISITION OF THE WALDE PROPERTY AT BALL'S BLUFF VOTE: Aye: Nay: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem None REGULAR AGENDA ITEM: (i) Considering free parking in the downtown Historic District from November 26, 1999 to January 4, 2000 - was referred to the November 3, 1999 Administration and Public Works Committee agenda for further consideration. NEW BUSINESS: Councilmember Zoldos asked that the issue of additional signage for merchants in the Historic District be placed on the November 3, 1999 Administration and Public Works Committee agenda. On motion of, and duly seconded, the meeting was adjourned at 8:35 p.m. Clerk of Council · Clem, Mayor Town of Leesburg Vice Mayor Webb asked Mr. Noe to transmit this resolution to the Loudoun County Board of Supervisors, Governor Gilmore and the General Assembly delegation. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Nay: None MOTION: Councilmember Zoldos made the following motion, seconded by Councilmember Umstattd: I move that the Zoning Administrator for the Town of Leesburg be directed by the Town Manager to provide an amendment to Chapter 18, Section 18-3, and Section 18-5 of the Town Code to permit temporary trailers at places of worship. In addition, this proposed amendment shall include "criteria" to mitigate the impacts outlined previously. This proposed amendment to the Town Code shall be placed on an agenda upon completion and presented to the "Council as a Whole" for consideration. Further the Zoning Administrator shall include a provision that indicates a sixth type of trailer that is expressly permitted within the Town Code Amendment and shall include but not limited to the following language: · Permit is not to exceed 3 years. · A signed Memorandum of Understanding (MOU) between the property owner and the Town of Leesburg to clearly identify the contract of "Temporary Trailers" is not to exceed 3 years from date of installation. · The temporary trailer shall be used expressly for classroom instruction, religious education meetings or other activities deemed necessary by the applicant. · Those temporary trailers shall only be permitted while new construction takes place and in no situation, may exceed 3 years in duration regardless of the new building construction progress. · In addition, the following issues must be addressed in the amendment: o Parking o Minimum lot size to permit a temporary trailer o Landscaping and screening o Stand-alone trailers on otherwise undeveloped lots o Duration of temporary trailers o Define the purposes for which a temporary trailer may be used at a place of worship Councilmember McDonald asked that the 3-year period be changed to 2 years. Vice Mayor Webb stated she could not support the motion. She stated she has received calls from the community with concerns of placing trailers in neighborhoods. Ms. Webb expressed concern with setting a precedent for a number of organizations besides churches. Councilmember Jackson concurred with Ms. Webb's comments. Councilmember Umstattd pointed out that temporary trailers are already permitted for the courts and schools. Ms. Umstattd expressed support of the motion if the trailers could be screened properly from the surrounding community. Mayor Clem stated he would like to see the "big picture" before voting on this motion. Councilmember Jackson stated he would like to know how many other churches have asked for trailers since this issue surfaced. Councilmember Atwell stated he has difficulty supporting the motion. He pointed out that some churches have more land then others, which creates parking issues for the 7 churches with less land. Mr. Atwell stated trailers should only be permitted during the time of construction. VOTE: Aye: Councilmembers McDonald, Umstattd, and Zoldos Nay: Councilmember Atwell, Jackson, Webb and Mayor Clem Councilmember Zoldos expressed concern with noise created by trucks within the Town of Leesburg, specifically noise generated from what are called Jake breaks. Mr. Zoldos stated other communities have enacted legislation/ordinances prohibiting the use of Jake breaks while transiting the town. He asked staff to see if there is an ordinance within the Commonwealth of Virginia that can be adopted in Leesburg. On motion of, and duly seconded, the meeting was adjourned at 9:15 p.m. .JKmes E. Clem, Mayor Town of Leesburg Clerk of Council My name is Sidney Lord, I live at 506 Wolfe CT~Leesburg, VA 20175. In the 1980s the Town of Leesburg placed in its Town Plan and CIP the Chancellor Street Trail, connecting SW Leesburg to the W & OD Trail. For the last few years, the residents of SW Leesburg have demonstrated overwhelming support for this project on numerous occasions. Supporters have packed this chamber more than once. In March 1998, approximately 150 people attended a rally to support the trail. A year ago, your public Task Force conducted a survey of more than 1100 homes; 45% responded to the survey, (direct mail survey response rates are generally less than 10%). Of those, 84% said build the trail. The Northern Virginia Regional Park Authority supports it. Though there are 28 homes on Chancellor Street, there are only a handful of vocal residents opposed to it. Allow me to briefly address their most recent remarks. Regarding the claim that "voters in the Greenway area of Catoetin District soundly rejected a candidate who supported the trail," Rick Roberts was beaten by nearly a 2-1 margin in Lovettsville and Lucketts. In ~e Greenway District, the margin was 7-6. It seems to me that supporting the bike trail must have helped his cause. During the Task Force meetings, Chancellor Street had representatives who attended the meetings. One meeting was held specifically to hear the residents of the 28 homes on Chancellor Street. Though each home was mailed an invitation, only eight individuals attended, the meeting· To suggest they have not been heard or given a chance · ,' £ ~£t~ · · · · to speak ~s.~ Every s~ngle one of their concerns (dog waste, parking, crime, etc.) was addressed by experts the Task Force called upon. Your Leesburg Police Department believes that the trail would not lead to crime. In fact, both the Leesburg Police and Loudoun County Parks and Recreation Officials have told the Chancellor Street residents that the crime they complain about in those woods will diminish once a trail is built.(~e-v amaziv, grbut~n't congregate where adults are. The Rails to Trails ~y rcve~alg that trail crime is rare and that rail - trails do not increase crime. the Task Force are contained in the final report. Did C,l,~a~flto'~$tr~t have an input in the final report? You bet. Their representatives ~takingtyapproved every word, comma, and period in the report. Opponents say that most SW Leesburg residents live too far away from Chancellor Street to use the trail. The survey respondents have spoken. If a resident says he or she can and will use the trail let's not allow a few opponents to speak for folks who have already spoken for themselves. I live as far away from Chancellor Street as anybody in SW Leesburg and my four year old can make it there and back (on a bike or rollerblades).{I~~mens~.t!en, :v: ',-.5:! dc, it at yo~ cunve~d~ce. For the q~la~lm~.nts of the trail who can't make it there the American Medical Association ~y~=~amm~ty infrastructure to support physical activity such as sidewalks and bicycle ~s walking or bicycling to school, to work, or to shop part of daily physical ,(Oct. 27.. JAMA~,(~ ...... ,~ [he .......... . . _t ~.~the Washin~ton,~_ Post renorted~__ that o II/' h *~ - - - O ,,, ag.~..gton bicycle retailer closed recently because bike riding is down 21 ~, the trail opponent {'ailed to tell you what the rest of the story said. It's a fact that bicycling ~ decreased from its all time high. That 21% and alot more are now mllv~bli~li~g~iecording to the same article. Rollerbladers use trails too. An opponent said that of the 30,000 Leesburg residents, only the 1000 residents of SW Leesburg will have direct access to W&OD in Leesburg. First of all there are nearly 4500 residents of SW Leesburg. He says the remaining Leesburg residents do not have access to the W&OD. Last time I checked, there is convenient access by bicycle, rollerblades, or foot for residents of downtown, Exeter, Kincaid Forest, Fox Ridge, Ashton Downs, Catoctin Chase, Dry Mill, Waterford Knoll, etc., etc. It's hard to find ail area that does not have access to the W&OD. Their twisting of the stat~stms ~s as c~s their population numbers. I suggest that you read the reports and articles they quote for yourself and get the whole story. The opponents claim that nobody will use the trail and that it is a waste of money. They then mm around and complain that their street will be mined by the thousands of criminal bicyclists and joggers. The only real objection they have: we are not welcome on the public street in front of their house. One of the two main trail opponents has a son who plays youth soccer. He comes to my neighborhood twice a week to play soccer on a private field owned and maintained by the HOA to which I pay dues. The team is coached by a resident of Country Club. They have been welcomed on our subdivision's private field free of charge. My neighbors and I pay for it. I would like to be welcome on the publicly owned Chancellor Street the way Chancellor Street residents have been welcomed in my neighborhood. The National Recreation and Park Association reports that "Communities across America are adding bicycle paths, and jogging trails...the inclusion of public parks is one reason that houses are selling faster - and fetching more money." (The Millenium Vision, p. 37) The purpose of the White House Millenium Trails initiative is to "spark the creation and enhancement of more than 2000 trails...making it possible for people to walk or bike to work and school." (p. 59) In any case, there are other options to get the SW Leesburg residents to the W&OD, all of them at least 3-5 times as expensive as the simple Chancellor Street connection. One is via a trail adjacent to Highway 15, behind Food Lion and the Skate Park, and join the W&OD at Douglass Community Center. In my opinion, this is not a safe or appealing alternative. Remember, through traffic eighteen wheelers are not banned from that section of Highway 15. Let's not build recreation and park projects ten feet from major highways. A better alternative is via a tunnel under Highway 15, via a trail to the new high school site, and Ronte 621 park, over the Greenway, and through Kincaid Forest. Expensive yes, but appealing. But my personal favorite which will provide the best long term solution and solve the geographic inequities of Leesburg's parks: buy Westpark Golf Course and build a trail parallel to Chancellor Street along the west side of the golf course. Some day another Ida Lee recreation facility could be built right there. There are several active trail projects in Leesburg: Harrison Street, King Street, and Ida Lee. The one trail that has not been built is the one that has experienced the most public support and grass roots effort to build. There are enormous active parks acquisition or improvement projects in every quadrant of the town except the SW quadrant. As a member of the Leesburg Parks and Recreation Commission, I have supported every trail or recreation project that has come before us. However, the one sector that has continuously been ignored during this incredible parks expansion program is the one sector that is already severely lacking.(ItAs-tinic to lc, ye,1 '&¢ vlay,.ng fi~td-and~ g/veas-th~faeihtir's-(oraeees~edbythe-rest-ofthe Town res/denS,- Town residemso~¢n ¢c,,,~.t their_are unde~ s~-v¢,3bythe~tnmty.__Acase.eottld-t~e-made ~ by4'heCom~Town~? I suggest to you that next spring you budget sufficient funds to build whatever SW Leesburg trail project you decide is best. The kindergarmers who might have benefited from this project when it was first proposed are now in college. Do not delay this any longer. Please make a decision and appropriate the money. Thank you very much.