HomeMy Public PortalAbout2000_05_23COUNCIL MEETING May 23, 2000
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Clem presiding.
Councilmembers Present: George F. Atwell, Mervin V. Jackson, Leonard McDonald,
Robert Zoldos, Vice Mayor Webb and Mayor Clem.
Staff Members Present: Robert S. Noe, Town Manager; William E. Donnelly, Town
Attorney; Phil Rodenberg, Deputy Town Hanager; Finance Director, Paul York; Budget
Officer, Hike Freda; Director of Engineering and Public Works, Tom Mason; Director of
Planning, Zoning and Development, Michael Tompkins; Director of Utilities, Randy
Shoemaker; Chief of Plan Review, Paul Gauthier; Chief of Comprehensive Planning, Jerry
Hucci; Planner, Stacey Rothfuss; and Clerk of Council Judy Ahalt.
Planninq Commission Members Present: Chairman Gus Glikas, Vice-Chairman Clifton
Vaughan, Charlotte Cable and Lawrence Schonberger.
AGENDA ITEMS
A. Invocation was led by Vice Hayor Webb.
B. Salute to the Flag was led by Councilmember Zoldos.
C. Roll Call showing all members present for this meeting.
D. Approval of Minutes:
On a motion by Vice Mayor Webb, seconded by Councilmember Jackson the following
minutes were approved with an abstention from Councilmember Zoldos.
a. Work Session of May 8, 2000
b. Regular meeting of May 9, 2000
E. PRESENTATION
Senator Bill Hims presented Virginia General Assembly Memorial Resolution #145 to
the family of ]ohn W. Tolbert, Jr. and Virginia General Assembly Memorial Resolution #283
to the family of R. W. Blake to celebrate the contributions they made to the Town of
Leesburg. Copies of these resolutions were also presented to the Town Council. These
resolutions were co-sponsored by Senator Mires, Delegate Black and Delegate May.
The Tolbert and Blake families were greeted by the Town Council.
Mayor Clem presented a plaque of appreciation to former Deputy Town Attorney,
Deborah C. Welsh for her service to the Town for the period of 1985-2000.
Petitioners
a. Mr. Van Lawrence, U.S. Census Bureau, was present to thank the Town of
Leesburg for their support of the Census, adding that Leesburg had a 72%
response.
b. Karen Jones representing Friends of Thomas Balch Library was present to
report on the library reopening in September, 2000 and the fundraising
efforts underway to raise funds for the furnishing and equipping;
enhancement of the grounds; endowment of the library's acquisition;
educational and outreach; technology programs. She reported that $225,000
Leesburq Town Council Minutes for May 23, 2000 Paqe 2
has already been raised and substantial donors would have a room named in
their honor.
Mr. Brent Clark, representing Dale Lumber, presented a letter thanking
Council and staff for their efforts in the Dale Lumber special exception
application.
There were no other petitioners.
G. Public Hearings.
Joint Public Hearinq - Loudoun County Public Schools for Elementary School Site
located adiacent to and west of the Harper Park F4iddle School - Rezoninq #ZM-
2000-03
This joint public hearing with the Planning Commission opened at 8:07 p.m.
Planning Commission Chairman Gus Glikas advised they had a quorum present.
Jerry Mucci outlined this rezoning application and presented a zoning concept plan
for the site. He advised that signed proffers have been received from Loudoun County and
approval is recommended by Engineering and Public Works. Mr. Mucci added that issues
with the right-of-way for Keystone Drive, Potomac Station Drive, the bicycle/pedestrian trail
and the parallel access road have been resolved.
Mayor Clem and Vice-Mayor Webb asked for verification that Keystone Drive would
only be constructed as a flyover? Mr. Mucci clarified that an at-grade intersection is
permitted by the Annexation Area Development Policies and would be an interim condition
to a flyover.
Councilmember McDonald expressed concern with how long this at-grade
intersection would remain. Paul Gauthier stated there would not be an immediate need for
an at-grade intersection and it would only open at the discretion of the Town on an interim
basis.
Planning Commissioner Schonberger verified that a no-access easement would be
proffered by the County in a form approved by the Town Attorney.
Planning Commissioner Cable verified that right-of-way for a grade-separated
interchange is proffered and does satisfy the Town's requirements to get maintenance
payments from VDOT.
Paul Gauthier reported that due to time constraints a phasing plan has been created
to complete the onsite improvements. Phase I - design and approval and construction of
school. Phase 2 - design of roadway would come after the approval of the school site plan
but before occupancy.
Dr. Adamo with the Loudoun County School Board addressed Council thanking them,
the Planning Commission and staff for the effort they have put forth to bring this school to
fruition.
Councilmember Umstattd suggested that any resolution for approval be amended to
state that this site would specifically be used for a school site. Mr. Mucci referenced page
two of the proffers which states that this site will be used for a public elementary school
site.
Leesburq Town Council Minutes for May 23, 2000 Paqe 3
Petitioners for this public hearing were:
1. Mary Beth Woodford, 705 Randi Drive SE, addressed the Council and
Planning Commission thanking them for accelerating the processing of this application and
urged approval of ZM-2000-03.
2. Patrick Regina, 43263 Cory Court, addressed the Council with a concern for
the quality of construction on this accelerated timeframe and asked that no short cuts be
taken in the construction.
3. Evan Mohler, Loudoun County Public Schools, commented that Mr. Regina's
concerns would be addressed.
The public hearing closed at 8:40 p.m. The Planning Commission convened in the Mayor's
Meeting Room to discuss the Loudoun County Application.
Town Plan Amendment TP-2000-01 - Amendinq Transportation Element
reqardinq Trailview Boulevard
This public hearing opened at 8:41 p.m.
Stacey Rothfuss outlined this Town Plan amendment to correct inconsistencies
between the Transportation Policy Map and associated text. The map change will reflect a
portion of Trailview Boulevard between Battlefield Parkway and Cardinal Park Drive shown
as a thru collector and the portion of Trailview Boulevard from Battlefield Parkway east to
the town limits as a major arterial. Also, the map will reflect Trailview Boulevard from
Cardinal Park Drive west to Lawson as a local road.
Councilmember McDonald verified this amendment is to only correct language and
designation of the local road.
There were no petitioners for this hearing.
The public hearing closed at 8:44 p.m.
Special Exception SE-2000-05 - Voell Enterprises~ LLC~ to allow vehicle sales and
service at 21 Catoctin Circle SE
This public hearing opened at 8:45 p.m.
Stacey Rothfuss presented this special exception application to allow vehicle sales
and service at 21 Catoctin Circle SE. The conditions of approval agreed to by the applicant
are (1) an outdoor display area for motorcycles shall be provided for in an extra parking
space in the front of the building and (2) a temporary construction easement.
There was no public comment.
The public hearing closed at 8:47 p.m.
Mayor Clem declared a :[5-minute recess.
The meeting reconvened at 9:05 p.m.
Leesburq Town Council Minutes for May 23, 2000 Paqe 4
Councilmember Comments
B..1. Webb reported that she and Mr. Noe were judges at the History/Social Sciences
Fair for Loudoun County Schools. She related that it was good to see that high
school students were well informed on growth issues of the County.
Mr. Zoldos congratulated the recently re-elected council members and reminded
the citizens that construction will begin on the South King improvements on May 30.
Mr. Jackson reported that he had attended the Woodlea Homeowners Association
meeting.
Ms. Umstattd reported that a letter has been received from the VFW and they will
again be sponsoring the annual Hemorial Day Celebration, Monday, May 29, on the
Courthouse Lawn at 11 A.M.
Mr. Atwell no comment.
Mr. McDonald commented on the Twin Lakes rezoning which he thinks will have a
negative impact on the Town. He added this rezoning takes commercial property out
of our tax base and questioned whey the need for this school was just identified. He
suggested that Council and the Board of Supervisors meet to formulate a vision as to
how they can work together on a plan for the urban growth area.
With reference to the Shellhorn Tract, he stated there must be discussions about the
UGA surrounding Leesburg and the airport. The airport provides benefits to the
County's ability to draw commercial businesses, employment, and substantial
revenues. ~[t is beneficial to see that the airport is not boxed. Leesburg and
Loudoun County must share the same vision regarding the airport.
Councilmember McDonald added he could not support the budget passed on May 9th
because it increased the tax burden on homeowners and it included increases of 41-
62% in departmental operational budgets. This was a deficit budget balanced using
surpluses. Adding a process needs to begin which will allow a thorough examination
of each department's program and successes.
Mayor's Comments
Mayor Clem advised that he had items from the Tolbert Family and Mr. Euran that he
will be forwarding to Balch Library, He asked that a letter be sent to the August
Court Days Group assuring them they have the right to display banners, Mayor
Clem thanked the citizens of Leesburg for their response to the census. He also
thanked the County for moving forward on the school site and reminded Council that
the Town owes the next elementary school site,
Manager's Comments
Mr. Noe commented that East Market between King and Church Street would be
closed at approximately 10:55 for the Memorial Day Ceremonies. Additionally,
there has been a request for a horse and buggy to be operating in the downtown
area on Memorial Day. Mr. Noe recommended that the Council approve a motion
to convene in a closed meeting for discussion with the Town Attorney regarding legal
matters related to Loudoun County's purchase of land near the Town airport and
acquisition issues and for discussion of the possible acquisition of such land by the
Leesburg Town Council Minutes for May 23~ 2000 Paqe 5
Town because discussion in an open meeting would adversely affect the bargaining
position and negotiating strategy of the Town.
K. Legislation:
[ ORDINANCES
On a motion by Councilmember McDonald, seconded by Vice Mayor Webb the
following ordinance was proposed:
2000-0-15
AN ORDINANCE approving Town Plan Amendment TP-2000-01, Transportation
Element, Trailview Boulevard
There was no discussion.
This ordinance was approved by the following vote:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem
Nay: None
Motion Carried: 7-0
On a motion by Councilmember McDonald, seconded by Councilmember .lackson the
following ordinance was proposed:
2000-0-16
AN ORDINANCE approving Special Exception SE-2000-05 by Voell Enterprises,
Catoctin Circle SE, to permit a vehicle sales and a vehicle service
facility
There was no discussion.
This ordinance was approved by the following vote:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem
Nay: None
Motion Carried: 7-0
On a motion by Councilmember Umstattd, seconded by Councilmember .lackson the
following ordinance was proposed:
2000-0-17
AN ORDINANCE amending Article VII, Section 2091 of the Town Code to increase
mayor's compensation
This ordinance was approved by the following vote:
Aye: Atwell, .lackson, McDonald, Umstattd, Webb, Zoldos and Clem
Nay: None
Motion Carried: 7-0
L CONSENT AGENDA j
Vice Mayor Webb moved the consent agenda, seconded by Councilmember
Umstattd.
Leesburcj Town Council Minutes for May 237 2000 Paqe 6
Councilmember McDonald commented on Item 6 of the Consent Agenda stating the
sidewalk on East Market Street will greatly enhance the George C. Marshall property.
Mayor Clem added this sidewalk would add to the safety of pedestrians walking on East
Market Street.
Councilmember Zoldos requested that item 5 be removed from the consent agenda.
The remaining resolutions on the consent agenda are shown below:
2000-96
A RE$OLUT]:ON authorizing a license agreement with George C. Marshall Home
Preservation Fund, Thc. for the Town to install and maintain a
sidewalk on East market Street.
2000-97
A RE$OLUT:]:ON awarding a contract for engineering and design of the Wilson-
Pershing neighborhood improvements project and the Dry Mill Road
Improvements Project to Paciulli, Simmons & Associates, LTD in the
amount of $144,000.
2000-98
A RE$OLUT:]:ON making a reduction of the Performance Guarantee for public
improvements installed in Stratford, Phase B, Sections 2 and 4.
The consent agenda was then unanimously approved by the following vote:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem
Nay: None
REGULAR AGENDA
Councilmember Zoldos commented that although he is not opposed to MADD using
Ida Lee Park he is concerned that fee waiving for MADD will set a precedent, even though
the funding is coming from the Police Department Uran Funds. He added that a policy
should be established on allowing fee waivers.
Vice Mayor Webb noted that she would support this waiver adding the Zoning
Ordinance rewrite will have language to correct the problem with non-profits who are
holding weekend or one-time special events.
Mayor Clem stated he would support this waiver and asked Town staff to provide
policy language on a waiver policy to Council within the next month.
Councilmember McDonald stated he would abstain from voting on the fee waiver
adding that he has concerns how they are handled.
On a motion by Vice Mayor Webb, seconded by Councilmember Umstattd, the
following motion was proposed:
2000-99
A RE$OLUT:ZON authorizing the use of Police Department Uran funds to satisfy a fee
waiver requested by the Loudoun County Chapter, Mothers Against
Drunk Driving in the amount of $500 for use of ]:da Lee Park
Leesburq Town Council Minutes for May 23~ 2000 Paqe 7
The resolution was approved by the following vote:
Aye: Atwell, Jackson, Umstattd, Webb and Clem
Nay: Zoldos
Abstain: McDonald
On a motion by Councilmember Umstattd, seconded by Vice Chairman Webb the
following resolution was proposed:
2000-100
A RESOLUTION declaring the Town's intention to reimburse the Town from the
proceeds of a financing for various public improvements.
In discussion, Paul York clarified this resolution will declare the town's intent to
reimburse the Town from bond funds that are expected in FY-2001, and also it is a
requirement of the [nternal Revenue Tax Code.
This resolution was approved by the following vote:
Aye: Atwell, Jackson, Umstattd, Webb, Zoldos and Clem
Nay: None
Motion Carried 7-0
On a motion by Vice Mayor Webb, seconded by Councilmember Zoldos, the following
resolution was proposed:
2000-101
A RESOLUTION commenting on Loudoun County Comprehensive Plan Amendment to
allow communal facilities for public institutions in UGAs
In discussion, Vice Mayor Webb stated she had talked with Chairman York and
Supervisor Herring on this issue. They indicated they recognized Leesburg is unlike nearby
towns receiving this county referral and welcome a resolution from the Town.
Councilmember Zoldos clarified for the public that this comprehensive plan
amendment to allow communal water and waste systems in the urban growth area for
public institutions and is in direct conflict with the Virginia State Water Control Board law
regarding wastewater treatment in the Dulles Area Watershed.
The resolution was approved as shown below:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem
Nay: None
Motion Carried: 7-0
ZM-2000-03 - Loudoun County Public Schools for Elementary School Site
located adiacent to and West of the Harper Park Middle School
The Planning Commission Chairman Gus Glikas reported that the Commission has
amended the motion for ZM-2000-03. Planning Commissioner Larry Schonberger reported
that the commission has requested proffer language clarification from the applicant.
Leesburq Town Council Minutes for May 237 2000 Page 8
On behalf of the applicant, Sara Howard O'Brien, land use planner with Reid, Smith,
Hazel & Thomas read comments into the record as requested by the Planning Commission.
These comments will be followed by a letter.
Ms. O'Brien clarified proffer language as follows:
Proffer 3B, Page 3, line 3 should read, "coordinated design of the school and
roadway, to allow coordinated qradinq of the site,"
Proffer 6, Page 6, regarding Alternate Access/Properties or Parcels to the East, 2nd
Sentence should read, "Such cooperation shall include the taking of all necessary steps it
may to cause fee simple title of a right-of-way to be granted to the Town,".
Proffer 6, Page 6, Insert after sentence 2. "Such conveyances and qrants shall be
in a form approved by the Town Attorney, shall be at no cost to the Town and shall be upon
the request of the Town.
Mr. Schonberger made the following motion:
[ move that the Planning Commission recommend approval of rezoning application
ZM-200-03 subject to the proffers submitted by the applicant dated IVlay 23, 2000 as
clarified by the comments of Sara Howard O'Brien, land use planner, of Reid, Smith, Hazel
and Thomas, representing the Loudoun County Public Schools. This clarification shall be
set forth in a letter submitted by the Town.
This motion was approved unanimously by the Planning Commission.
On a motion by Councilmember Zoldos, seconded by Vice Mayor Webb, with
clarifications as stipulated by the Planning Commission, the following ordinance was
proposed:
2000-0-:~4
AN ORDINANCE approving rezoning application #ZlVl-2000-03 of Loudoun County
Schools for the Twin Lakes site from I-1 to R-E for an elementary
school site located adjacent to and west of Harper Park IVliddle
School
This ordinance was approved by the following vote:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem
Nay: None
IVlotion Carried: 7-0
K. New Business
Councilmember Zoldos made a motion to have the Town Manager direct staff to
remove any and all references to "Private Roads/Streets" in the Town Code and any
other related legal documents. The motion was seconded for point of discussion by
Councilmember Umstattd.
Councilmember Atwell expressed concern with possible legal issues.
Town Attorney, William Donnelly, advised that staff could report on where private
streets are allowed or not allowed and recommendations. He added this is a
Leesburq Town Council Minutes for May 23~ 2000 Paqe 9
complicated issue. Perhaps staff could comment on the advisability of private streets
in single-family detached and/or duplex developments.
Vice Mayor Webb stated that the Comprehensive Plan recommends the elimination of
private streets where inappropriate. The Zoning Ordinance rewrite will address this issue.
Councilmember Umstattd suggested the issue of private streets be discussed at a
work session.
Councilmember Atwell made a motion to table Mr. Zoldos' motion until the Zoning
ordinance revision comes to the Council. The motion to table was seconded by
Councilmember McDonald and approved as follows:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb and Clem.
Nay: Zoldos
The motion carried.
Councilmember Zoldos made a motion to direct the Town Manager to draft a memo
to the Leesburg Volunteer Fire Department, President and/or Fire Chief, to provide a written
report and explanation on an alleged incident that occurred on April 30, 2000 at the Fire
Station #20 on Plaza Street.
Councilmember Umstattd seconded the motion.
The motion carried by the following vote:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem.
Nay: None
Councilmember McDonald discussed the May 9 Council meeting where he made a
motion to move the Chancellor Street Trail project from the C[P into the Public Works
Department. Mr. McDonald asked that Council reconsider the amendment to table and
that the Engineering and Public Works staff provide engineering and design costs, the
inoperability and connectivity for a road that connects Dry Mill Road and Chancellor Street
and effectively links the Town master trails plan to southwest Leesburg. This written
report should be provided no later than the second meeting in July.
Councilmember Atwell asked for a point of parliamentary order from the Town
Attorney.
Mr. Donnelly stated that under Roberts Rules of Order a motion to reconsider can be
made by someone who voted on the prevailing side. Mr. Donnelly added there should be a
vote on the question to reconsider; and if that passes a substitute motion should be made.
Vice Mayor Webb clarified that the motion that was passed at the May 9 meeting was
to consider the Chancellor Street road access in the mid-year budget review.
Councilmember Atwell stated that his recollection was that Mr. McDonald's motion
was to include it in the operating budget. His (Mr. Atwell's) motion was to table until mid-
year review.
Vice Mayor Webb cited the vote on the motion made by Councilmember Umstattd to
remove the Chancellor Street Trail from the CTP. This vote carried on an aye vote by Mr.
.~ackson, Mr. McDonald, Ms. Umstattd and Mayor Clem.
Leesburq Town Council Minutes for May 23, 2000 Paqe 10
Secondly, the minutes reflect that Mr. McDonald moved the Chancellor Street Trail as
a project from Parks and Recreation to the Public Works Department for emergency access
into Country Club Drive. It was discussed that projects cannot be shifted. The motion was
then tabled on a motion by Coucilmember Atwell.
Vice Mayor Webb made a motion to reconsider the tabled motion, seconded by
Councilmember McDonald. Ms. Umstattd asked for clarification as to what is being
reconsidered, putting money into a road or reviving the trail? Vice Mayor Webb staled she
is asking to revisit the tabling of the motion. Councilmember Atwell asked if this motion
passes, will it be removed from the table and the primary motion is open for discussion.
Mr. Donnelly clarified that if this motion passes, it will reconsider the whole question. A
second motion will be required to affirmatively do something different than before.
Councilmember Jackson stated in 1985 there were three proposals for a road.
Mayor Webb stated that she would like to have staff prepare a report on options and
numbers so they can make an informed decision.
Vice
The motion carried on the following vote:
Aye: McDonald, Atwell, Webb and Mayor Clem
Nay: Umstattd, Jackson and Zoldo$ (didn't hear vote)
Councilmember Zoldos made a motion requesting the Engineering and Public Works
staff provide Council information and guidelines concerning the engineering and design
costs, interoperability and connectivity for a road (surface to be determined) that connects
Dry Mill Road and Chancellor Street and effectively links the Town Master Trails Plan to
southwest Leesburg. This report is to be provided to Town Council at the second meeting
in July. Councilmember McDonald seconded the motion.
Councilmember Zoldos stated the issue of the trail was first raised in 1985 and it is
time to make a decision. It was incorporated in the 1992 budget, but was never funded.
He added it is part of master trails plan and by deleting this from the FY-2001 CTP budget
stops the connectivity of our trail system. The survey sent to citizens in 1998 showed 84%
were in agreement. This year's survey showed that 80% of the citizens wanted both trails,
Chancellor Street and Rt. :~5 South.
Councilmember Zoldos stated his major issue is safety. He compared distances from
the fire department and rescue squad in reaching Chancellor Street and stated it is critically
important that some access be considered at Chancellor Street.
Councilmember Jackson referenced the three alternatives from the Engineering and
Public Works, two of which are in a floodplain area. A copy of this report will be copied to
all Councilmembers.
Councilmember McDonald stated he would be in support of this motion. He feels the
S. King trail can be designed in such a way that it would be safe and enhance the entrance
to the Town. He cited safety issues with not opening this section of town.
Councilmember Atwell stated this should have been discussed before the C]:P
adoption.
Leesburq Town Council Minutes for May 23~ 2000 Pa.qe 11
Councilmember Umstattd stated she would be opposed because of the emotional
issues for residents. She also questioned if the Chancellor Street extension appears in the
Town Plan.
Mayor Clem stated he would be in support of this motion.
The motion passed on the following vote:
Aye: McDonald, Atwell, Webb, Zoldos and Major Clem
Nay: Umstattd, Jackson
On a motion of Councilmember Zoldos, seconded by Councilmember IVlcDonald the
following motion was then approved unanimously:
Pursuant to Section 2.1-344(A)(7) and 2.1-344(A)(3), respectively, of the Code of
Virginia, ]~ move that the Leesburg Town Council convene in a closed meeting for discussion
with the Town Attorney regarding legal matters related to Loudoun County's purchase of
land near the Town airport and for discussion of the possible acquisition of such land by the
Town because discussion in an opening meeting would adversely affect the bargaining
position and negotiating strategy of the Town. Further, amended to include discussion on a
second land acquisition issue.
The Council then adjourned to the adjacent meeting room for the closed meeting.
Following the closed meeting on a motion by Councilmember Zoldos, seconded by
Vice Mayor Webb, the following motion was proposed:
Tn accordance with Section 2.1-344.1 of the Code of Virginia, ! move that Council
certify that to the best of each member's knowledge, only public matters lawfully exempted
from open meeting requirements under the Virginia Freedom of Information Act and such
public business matters as were identified in the motion by which the closed meeting was
convened were heard, discussed or considered in the meeting by Council.
This motion was then unanimously approved on a roll call vote as shown below:
Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Lm
Adjournment
The meeting adjourned at 10:10 p.m.
Clem, May ~O~q~j~L~