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HomeMy Public PortalAbout1999_12_14TOWN COUNCIL MEETING MINUTES OF DECEMBER 14, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, December 14, 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 (arrived at 9:45 p.m.) Mayor Clem STAFF MEMBERS PRESENT Town Manager Robert S. Noe, Jr. Director of Engineering and Public Works Thomas A. Mason Chief of Plan Review Paul Gauthier Director of Finance Paul E. York Chief of Comprehensive Planning Jerry Mucci Planner Stacey Rothfuss Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Markland I. INVOCATION: Councilmember McDonald 2. SALUTE TO THE FLAG: Councilmember Jackson ROLL CALL: All members of Council were present except Councilmember Zoldos. 4. RESOLUTION OF RESPECT: MOTION: On motion of Webb, seconded by McDonald, a Resolution of Respect in memory of Mr. John W. Tolbert, Jr. was proposed and adopted. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, and Mayor Clem. Nay: None Absent: Councilmember Zoldos Mayor Clem presented the Resolution of Respect to Mr. Tolbert' s daughter, Carol Smith. 5. PROCLAMATION: MOTION: On motion of Webb, seconded by Jackson, a Proclamation proclaiming December 1999 as Drunk and Drugged Driving Prevention Month was proposed and adopted. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, and Mayor Clem. Nay: None Absent: Councilmember Zoldos 6. PETITIONERS Mr. Charles Fincher a resident of Claggett Street addressed the Council in support of the Chancellor Street Trail. Mr. Lar Kelly a resident of 404 Edwards Ferry Road addressed the Council presenting a petition with 180 signatures in support of the permanent installation of the 3-way and 4- way stop signs on Edwards Ferry Road and the elimination of the proposed traffic light at the intersection of Catoctin Circle and Edwards Ferry Road. 7. PRESENTATION OF THE COMPREHENSIVE INFORMATION TECHNOLOGY PLAN presented by the Information Technology Committee. Mayor Clem presented Certificates of Appreciation to the members of the IT Committee, Michel Agujia and Debbie Richards. 8. APPROVAL OF MINUTES: MOTION: On motion of McDonald, seconded by Umstattd, the special meeting minutes of October 16, 1999 and the regular meeting minutes of November 23, 1999 were approved as submitted. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, and Mayor Clem. Nay: None Absent: Councilmember Zoldos 9. PUBLIC HEARINGS: a. To consider Special Exception Application #SE-99-09 RT Cycles, Inc., Fort Evans Road, N.E. Ms. Rothfuss provided the staff report. Mr. Ronald Green, the applicant and Mr. Charles Bos, were present to address any questions. No public comment was received. The public hearing was closed. b. To consider updates and revisions to Articles 7 through 11 of the Design and Construction Standards Manual. Mr. Gauthier provided the staff report and a Power Point presentation. Mr. Joseph Paciulli, Chairman of the ESI Technical Issues Sub-committee expressed support of the proposed amendments. No public comment was received. c. To consider amendments to the Leesburg Town Code Section 2-24 Standing Committees and Section 2-26 Conduct of Committees, to consolidate the Standing Council Committees into a Council "Committee of the Whole." Mr. Noe presented the staff report. Ms. Kelly Gower a resident of Clubhouse Drive, expressed support of the proposed system. Mr. William Zawacki a resident of Chesterfield Place, expressed concern with holding the committee meetings on Mondays followed by the Tuesday's Council meetings. He stated the Committee meetings should also be held at 7:30 p.m., and should be televised. The public hearing was closed. 10. COUNCILMEMBER COMMENTS Councilmember McDonald expressed his condolences to the Tolbert family. He thanked the 1T Committee for their work and wished everyone a happy holiday season. Councilmember Atwell wished everyone a happy holiday. Councilmember Umstattd attended a land use conference hosted by the NVPDC, which, was attended by about 200 local elected officials, planning commissioners, members of the business community and citizen activists. She stated General Assembly member Jack Rust warned local governments that there is significant discussion in Richmond at the General Assembly to eliminate the right of localities to collect sales tax. The General Assembly is moving towards eliminating sales tax on Intemet transactions, in an act of fairness to the "mom and pop" stores, being overly burdensome to those stores to impose a sales tax on them. The personal property tax on automobiles has basically been eliminated. There is also talk of eliminating a locality's authority to collect real estate taxes. When Mr. Rust was asked what was left, he said perhaps a "piggyback" local income tax. Ms. Umstattd wished everyone a happy holiday. Councilmember Jackson wished everyone a happy holiday. Vice Mayor Webb expressed her condolences to the Tolbert family. She congratulated Post Master Shirley Haddock on her retirement and Ms. Dana Hedgepeth on her promotion with the Washington Post. Ms. Webb wished everyone a happy holiday season. 11. MAYOR'S REPORT Mayor Clem also congratulated Ms. Hedgepeth on her promotion. Mayor Clem asked that the Police Department enforce the no left turn at the intersection of King and Market Streets between the designated hours. He attended the grand opening of the Mayfair Commons Apartments. Mayor Clem attended an AADP meeting with representatives of Loudoun County. Issues discussed included the high school and International Pavilion boundary line adjustments, and property near the airport in the urban growth area. Another meeting is planned in the near future. Mayor Clem wished everyone a happy holiday season. 12. MANAGER'S REPORT Mr. Noe announced that the town has hired Mr. William Donnelly as the Town Attorney. A mid-year budget system will be implemented in January. The downtown signs are in and the public works department will be installing them shortly. Mr. Noe wished everyone a happy holiday season. 13. LEGISLATION: ORDINANCE (a) MOTION: On motion of Umstattd, seconded by McDonald, the following ordinance was proposed and adopted. 99-0-34 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-99-09, RT CYCLES, INC., 9A FORT EVANS ROAD, TO PERMIT VEHICLE SALES AND SERVICE WH~EREAS, Ron Greene has requested special exception approval for a vehicle sales and vehicle service facility; and WHEREAS, the property is located in the B-2, Established Corridor Commercial Zoning District; and WHEREAS, a vehicle sales and a vehicle service facility is a special exception use in the B-2 zoning district; and WHEREAS, on December 2, 1999, the Planning Commission recommended conditional approval of this application; and WHEREAS, on December 14, 1999, the Town Council held a public heating; and WHEREAS, the proposed use meets the general review criteria as set forth in the Zoning Ordinance; and WHEREAS, staff recommends approval, with the conditions set forth below. THEREFORE ORDAINED by the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-99-09, RT Cycles, Inc., by Ron Greene, identified in the Loudoun County land records as Tax Map 48-89D as shown on the Special Exception Plan, dated October 20, 1999, is hereby approved subject to the following conditions: 1. The motorcycle sales and service facility use shall be limited to the area outlined on the special exception plan dated October 20, 1999. This area is further described as the portion of the lot located approximately 125' west of Fort Evans Road, 175' east of Plaza Street and bounded by the north and south property lines. 2. The existing dumpsters and trailers on the west portion of the property shall be removed. 3. Motorcycles for sale shall be located adjacent to the building, as shown on the special exception plan dated October 20, 1999. Such display area shall not extend into any designated vehicular travel aisles or parking areas associated with the motorcycle sales and service facility. 4. The landscaping requirements for this property shall be as follows: A 10' perimeter parking lot buffer along the east property line, a 5' S2 screen buffer along the north property line and a 10' S2 screen buffer along the south property line with the required plantings to be located along the portion of the south property line between the westernmost lease line, as shown on the special exception plan dated October 20, 1999 and the eastern edge of the existing tree line along that property line. 5. The areas proposed to be paved, as shown on the special exception plan, are not approved as part of the special exception process, and shall be subject to review as a No Adverse Impact Certification. 6. Test riding of any motorcycles shall be done on collectors and arterial roads, as defined by the 1997 Town Plan, such as Route 7/Market Street, Route 7/15 Bypass. No motorcycles shall be test driven in existing residential areas. 7. All elements of the special exception plan shall be subject to review by the Boa~rd of Architectural Review. SECTION II. Approval of the special exception concept plan does not authorize modifications to any requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations or Zoning Ordinance unless specifically set forth in this ordinance. SECTION 117. This ordinance shall be in effect upon its passage. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, and Mayor Clem. Nay: None Absent: Councilmember Zoldos 13. (b) MOTION: On motion of Umstattd, seconded by Jackson, the following ordinance was proposed and adopted. 99-0-35 - ORDINANCE - APPROVING AMENDMENTS TO ARTICLES 1 THROUGH 6 OF THE LEESBURG DESIGN AND CONSTRUCTION STANDARDS MANUAL, PART OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS WHEREAS, the Leesburg Design and Construction Standards Manual (DCSM) was adopted by the Town Council on June 27, 1990 and became effective on August 27, 1990; and WHEREAS, the DCSM is part of the town's Subdivision and Land Development Ordinance, and amendments to this ordinance must follow the process established in Section 15.1-472 of the 1950 Code of Virginia, as amended; and WHEREAS, the Town Council referred these proposed amendments to the Planning Commission for review and recommendation on August 9, 1994 (Resolution #94-170), and the initial Planning Commission Public Hearing was held on December 1, 1994; and WHEREAS, members of the Development Community requested that the Engineers and Surveyor's Institute (ESI) review the proposed amendments because ESI l~as successfully provided assistance to other Northern Virginia jurisdictions to improve engineering design standards; and WHEREAS, the Town Council authorized a contract with ESI for Peer Review, Education, and Technical Assistance on January 21, 1997 and pursuant to that contract, the ESI Leesburg Technical Issues Sub-committee has been meeting twice a month since February 7, 1997 to review the proposed amendments to the DCSM; and WHEREAS, these amendments Articles 1 through 6) have been reviewed by the ESI Leesburg Technical Issues Sub-committee, have been recommended for approval by the ESI Leesburg Committee and, all members of the ESI Leesburg Committee believe that the items contained in these amendments will improve (the DCSM; and WHEREAS, the Planning Commission held a second public hearing to consider these amendments and forwarded a recommendation of approval on January 15, 1998. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The amendments to Articles 1 through 6 of the Leesburg Design and Construction Standards Manual, part of the Subdivision and Land Development Regulations, as presented to the Council in a memorandum dated January 30, 1998 are approved. SECTION II. This ordinance shall be in effect upon its passage. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, and Mayor Clem. Nay: None Absent: Councilmember Zoldos 13. (c)MOTION: On motion of Umstattd, seconded by McDonald, the following ordinance was proposed and adopted. 99-0-36 - ORDINANCE - AMENDING THE LEESBURG TOWN CODE SECTION 2-24 STANDING COMMITTEES, AND SECTION 2-26 CONDUCT OF COMMITTEES, TO CONSOLIDATE THE STANDING COUNCIL COMMITTEES INTO A COUNCIL "COMMITTEE OF THE WHOLE" WHEREAS, it is the decision of the Leesburg Town Council to operate the government as effectively and efficiently as practical; and WHEREAS, the Town Council hired the Town Manager, in part, to suggest to the Council better ways of conducting the public's business; and WHEREAS, the Town Manager has recommended to the Council that the Council Committee system be consolidated into a Council "Committee of the Whole" for several reasons including: better use of the time of Council members, the opportunity for each Council member to have equal voice on every decision made by the Council, more complete staff work with greater accountability of staff and manager, and better use of their time, and; WHEREAS, the Town Manager's recommendation to consolidate all Council Committees into a Council "Committee of the Whole" was discussed at the Administration and Public Works Committee meetings of November 3, November 16, and December 7, 1999; and WHEREAS, it is the desire of the Leesburg Town Council to solicit public input and fully inform the public of the proposed changes by holding a public hearing; and WHEREAS, a Notice of Public Heating was published in the Leesburg Today on December 1 and December 8, 1999; and WHEREAS, a public hearing was held on December 14, 1999; and THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 2-24. Standing Committees of the Leesburg Town Code is hereby amended as follows: Sec. 2-24. Standing committees - is hereby repealed and substituted therefor a new Section 2-24.1 Committee of the Whole The Council shall sit as a "Committee of the Whole" convening at 7:00 p.m. on the Monday preceding the regular council meeting, with the mayor presiding. The Committee of the Whole may consider such business as may come before it, for Council action and study purposes only. The Council members shall review upcoming agenda items, hear staff reports and public comment and take other non-legislative action, as it deems necessary. No formal action may be taken at the Committee of the Whole. The time and place may be changed by a majority of the Committee of the Whole. Proper notification shall be published in the press. SECTION II. Section 2-26. Conduct of Committees of the Leesburg Town Code is hereby amended as follows: Sec. 2-26. Conduct of committees - is hereby repealed and substituted therefor a new Section 2-24.2 Conduct of Committee of the Whole The Committee of the Whole shall generally be governed by Robert's Rules of Order, latest edition. A maiority of the Council members shall constitute a quorum. SECTION III. This ordinance shall be in effect upon its passage. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Nay: None CONSENT LEGISLATION (d), (f), (g), (h), (i), (j), (k) MOTION: On motion of McDonald, seconded by Zoldos, the following resolutions were proposed as consent items and adopted. 99-362 - RESOLUTION - AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN OF LEESBURG AND THE ENGINEERS AND SURVEYORS INSTITUTE 99-363 - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR OLD WATERFORD KNOLL SECTION 3 99-364 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE DRY MILL TOWNHOUSE SUBDIVISION 99-365 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT GREENWAY FARM SECTION 7 99-366 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN KINCAID FOREST SECTION 10B 99-367 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR RIVER CREEK PHASE II SECTION 3 &3A (LANDBAY D) 99-368 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR WOODLEA HILLS VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Nay: None (e) MOTION: On motion of Webb, seconded by Zoldos, the following resolution was proposed and adopted. 99-369 RESOLUTION MAINTENANCE OF THE ROUTE 7/15 BYPASS CORPORATE LIMITS - AUTHORIZING AN AGREEMENT FOR KOUSA DOGWOOD TREES PLANTED IN THE RIGHT-OF-WAY WITHIN THE LEESBURG VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Igay: None (1) ADOPTING A 2000 LEGISLATIVE PROGRAM DISCUSSION: Vice Mayor Webb asked staff to look into the tax issues that Councilmember Umstattd brought up during Councilmember Comments. Councilmember Umstattd stated she could not support item A in the proposed legislation. MOTION: On motion of Webb, seconded by McDonald, the following resolution was proposed and adopted. 99-370 - RESOLUTION - ADOPTING A 2000 LEGISLATIVE PROGRAM WHEREAS, the Mayor and Council have identified legislative items they would like to be addressed by the 2000 General Assembly. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Council supports the legislative policies for the Town of Leesburg as follows: A. Meals Tax - Favor the reconsideration of the provisions of HB 1601 and delete the provision that the local meals tax must be administered according to the definition of "food" in the Food Stamp Act, which will eliminate meals taxes on certain cold foods effective July 1, 2000. B. Personal Property Tax - Support the full reimbursement of local governments' ongoing "no car tax" administrative costs. C. Transportation Funds - Support the appropriation of additional highway funds to expedite scheduled improvements to the Sycolin Road/Route 7/15 Bypass in the Virginia Department of Transportation's Six-Year Plan. D. Land Conservation - Support a dedicated funding source for land conservation in the Commonwealth per Resolution No. 99-361 adopted November 23, 1999. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Webb, Zoldos and Mayor Clem Nay: Councilmember Umstattd On motion of, and duly seconded, the meeting was adjourned at 10:15 p.m. Yfi"'ames E. Clem, Mayor Town of Leesburg Clerk of Council