The URL can be used to link to this page

Home My Public Portal About2000_07_11COUNCIL MEETING July 11, 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding Councilmembers Present: George F. Atwell, Mervin V. Jackson, Leonard McDonald, David Schmidt, Vice-Mayor Umstattd, and Mayor Webb. Staff Members Present: Robert S. Noe, Town Manager, William E. Donnelly, Town Attorney, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Andrew Russell, Budget Analyst, Mike Freda, Budget Officer, John King, Director of Economic Development, Michael Tompkins, Director of Planning, Zoning and Development, Juan Rivera, Airport Director, Brian Boucher, Zoning Administrator, and Judy Ahalt, Clerk of Council. Planninq Commissioners Present: Dave Kennedy, Charlotte Cable, Clifton Vaughan, and Katherine Kearns. AGENDA ITEMS A. Tnvocation was led by Councilmember McDonald. B. Salute to the Flag was led by Vice-Mayor Umstattd. C, Roll Call showing Councilmember Zoldos not present. D. Minutes: On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson the minutes of the June 13, 2000 meeting were approved with an abstention from Councilmembers Atwell, Schmidt, and McDonald. Presentations A. Certificate of Appreciation for Susan Farmer. Ms. Farmer was not present to accept this certificate. Proclamation - Juan Rivera On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson the following proclamation was unanimously adopted: A PROCLAMATTON OF CONGRATULATTONS TO .1UAN E. RTVERA WHEREAS, the Virginia Department of Aviation has announced that Leesburg Airport Manager, Juan E. Rivera will receive the Virginia Airport Manager of the Year Award for 2000; and WHEREAS, each year certain individuals who have made outstanding contributions toward the development of aviation in Virginia are selected to be recognized at the Virginia Aviation Conference; and WHEREAS he secured several million dollars in grant fund, directed a major taxiway expansion project, and significantly increased safety at the airport among other notable accomplishments; and Leesburg Town Council Minutes for July 11, 2000 Page 2 WHEREAS, the award will be presented at the Annual Aviation Awards Banquet at the Virginia Aviation Conference in Virginia Beach on August 24, 2000: BE TT THEREFORE RESOLVED that the Mayor of the Town of Leesburg hereby congratulates Juan E. Rivera on his recognition as Virginia Airport Manager of the Year for 2000. PROCLAIMED this 11th day of July 2000. Mayor Webb congratulated Mr. Rivera on being recognized by the Virginia Aviation Conference. C. Resolution of Respect - Margot Bos Stambler On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald the following resolution of respect was unanimously adopted: RESOLUTTON OF RESPECT MARGOT BOS STAMBLER WHEREAS, Margot Bos Stambler died June 24, 2000; and WHEREAS, Margot was the daughter of Marilyn and Chuck Bos, former Leesburg Town Council member; and WHEREAS, Margot was educated in Leesburg and went on to a successful singing and symphony orchestra management career; and THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Margot's family; and BE TT FURTHER RESOLVED that this Resolution of Respect is spread upon the minutes of this meeting and that a copy be sent to her family. Fm P ETITIO N E RS Kitt Rodkey- Chairman, Loudoun County Community Action Council addressed Council encouraging awareness and asking for a contribution for the WWTI Memorial campaign. Fred Mclntosh, representing the WW II 56th Fighter Group spoke on behalf of the WWlI Memorial campaign, Mayor Webb asked that this request be added to the next work session for discussion. John Dennis addressed Council with reference to 125 acres owned by his family stretching from Edwards Ferry Road to the Potomac River. They propose putting part of their land into a conservation corridor to allow connectivity between the Balls Bluff Regional Park, Red Rock Park, and the Sheetz property. Mr, Dennis pointed out Civil War infantry entrenchments on his property and adjoining properties at Potomac Crossing and the old roadbed, He stressed a grading permit for Potomac Crossing to eliminate the entrenchments is expected to be approved in a few days. Leesburg Town Council Minutes for July 11, 2000 Page 3 Mayor Webb asked staff to investigate the issues regarding the entrenchments, the old roadbed, and the status of the preliminary plat and grading approval. G. PUBLIC HEARINGS A. ZOAM-00-03 - Zoning Upon Annexation Brian Boucher explained this amendment will provide for an automatic zoning classification for land that is annexed into the Town of Leesburg as Residential Estate District (RE). The public hearing opened at 8:05 p.m. There were no petitioners for this hearing. The public hearing closed at 8:05 p.m. Mayor Webb commented this item is on the agenda for action tonight with a recommendation from the Planning Commission for approval. B. 3oint Public Hearing with the Planning Commission ZOAM-00-04- College or University in the I-1 District Mayor Webb verified that the Planning Commission had a quorum. Brian Boucher pointed out that presently a college or university is permitted only in the MC (Medical Center Hospital District). This proposal is to permit college or universities in the :[-1 Industrial Research District, which is a use that would be compatible with this district. He clarified that any institution of higher learning over 12,000 square feet will required a special exception. Vice-Mayor Umstattd commented on Planning Commission discussion by Commissioner Kearns who stated that in her work as an investment banker she typically sees colleges or universities requesting about 25,000 square feet. She added anything less would put us at a competitive disadvantage since Loudoun County allows 25,000 square feet by right. Commissioner Kearns stated that it is very common in other jurisdictions to have 25,000 square feet, further developers are asking for more parking than is required as their tenants are requesting a 4-:[ ratio. She stated that she would like to be competitive and not make them go through a special exception. The joint public hearing opened at 8::[2 p.m. There were no petitioners. The public hearing closed at 8::[2 p.m. The Planning Commission convened in the Council Conference Room to discuss a recommendation to be returned to Council. H. COUNCIL COMMENTS: Leonard McDonald reported he be attending the Virginia Municipal League meeting in Charlottesville where he will be speaking at the opening session on what he has learned as a new Council member. Leesburg Town Council Minutes for July 11, 2000 Page 4 He discussed town and county relationships. Georqe Atwell had no comment. Mervin 3ackson had no comment. Kristen Urnstattd .reported that she would be attending the annual meeting and conference of the Virginia Association of Planning Districts Commissions. With reference to the AADP meeting today, she commented Mayor Webb did a fine job representing the Town. She added the County did make some promises to the Town and we were informed they are committed to providing ball fields and that absolutely there would not be a regional jail. Supervisor Herring is working hard to get 12-multi purpose fields on the Shellhorn site. David Schmidt thanked the citizens of Leesburg for giving him the opportunity to serve the Town of Leesburg. He commented that he is looking forward to attending the VML orientation. His reported that he is looking forward to working with the Economic Development Commission. I. MAYOR'S COMMENTS: Mayor Webb thanked Councilmembers Atwell and Umstattd for their participation at the AADP meeting and the work session prior. She congratulated Parks and Recreation for a successful 4th of July celebration, which had in excess of 22,000 people in attendance. Mayor Webb commented on the WWI! presentation. Mayor Webb reported she hosted a Loudoun Leadership Forum last week. She attended the investiture of .lean Clements to the Appeals Court, Burk McCahill to the Circuit Court Bench, and Avelina .lacob to the ~luvenile and Domestic Relations Co u rt. 3. MANAGER'S COMMENTS: There was no comment. K. LEGTSLATZON: ORDINANCES On a motion by Councilmember McDonald, seconded by Councilmember .lackson, the following ordinance was proposed: 2000-0-23 - ORDTNANCE Amending the Zoning Ordinance Article 2 - General Regulations to establish automatic zoning for annexed property. The motion was adopted as shown below: Aye: Councilmembers Atwell, McDonald, Schmidt, Jackson, and Mayor Webb Leesburg Town Council Minutes for July 11, 2000 Page 5 Nay: Umstattd Vote: 5-1-1 Councilmember McDonald clarified this action will ensure that any property brought into the town through annexation will be at the minimum density possible. Vice-Mayor Umstattd commented that a holding zone category would be her preference, that she is uncomfortable with automatic rezoning to any level of residential. On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following ordinance was proposed: 2000-0-25 - ORDINANCE Amending Article iV(A) of the Town Code by revising Section 17-95.6, adding two sections, and renumbering Section 17-95.7 relating to meals tax. The motion was adopted as shown below: Aye: Councilmembers Atwell, McDonald, Jackson, Schmidt, Vice-Mayor Umstattd and Mayor Webb. Nay: None Vote: 6-0-1 CONSENT AGENDA On a motion Vice-Mayor Umstattd moved the following consent agenda, seconded by Councilmember Schmidt. 2000-129 - RE$OLUTI:ON Authorizing an agreement and approving water and sewer extension permits and waiving a performance guarantee for the Leesburg Area Elementary School. 2000-130- RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for David W. Frenzel, Lot 2 for GT&P, LLC. 2000-131 - RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Crossing, Section 6. 2000-132- RESOLUTION Authorizing a time extension for completion of public improvements and approving a performance guarantee for Leesburg Gateway Condos. 2000-133 - RESOLUTION Authorizing a time extension for completion of public improvements and approving a performance guarantee for Old Waterford Knoll, Section 3. 2000-134- RE$OLUTZON Making a reduction of the performance guarantee for public improvements installed in Exeter Hills, Section 7A. 2000-135 - RE$OLUTI*ON Leesburg Town Council Minutes for July 11, 2000 Page 6 Authorizing an agreement and approving a performance guarantee for Potomac Crossing Traffic Signal at Battlefield Parkway and Shanks Evans Drive. 2000-:L36- RESOLUTION Awarding a purchase contract to Ted Britt Ford in the amount of $31,149 for the ~urchase of a 2000 Ford F-350 pick-up truck. These motions were adopted as shown below: Aye: Councilmembers Atwell, McDonald, Jackson, Schmidt, Vice-Mayor Umstattd, and Mayor Webb. Nay: None Vote: 6-0-1 REGULAR AGENDA Tom Mason gave of an overview of the ESI program, which has a goal of ~mproving the town's review process and improving the quality of the plans, submitted by the town for review. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following resolution was proposed. 2000-:~37 - RESOLUTION Re-authorizing the agreement between the Town of Leesburg and the Engineers and Surveyors Institute (EST) to continue the Leesburg EST program. The motion was then adopted as shown below: Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb None 6-0-1 L, NEW BUSINESS Mr. Donnelly gave an overview of an agreement for Shenandoah University to allow approval of construction plans without off-site easements being recorded. However, it has been learned that the Bankruptcy Court has authorized the recordation of the easements in question. This will enable the construction to proceed. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt, the following resolution was proposed, 2000-::1.38 - RESOLUTION Ratifying approval of indemnification agreement. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay'- None Vote: 6-0-1 Leesburg Town Council Minutes for July 11, 2000 Page 7 On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following resolution was proposed. 2000-139- RESOLUTION Authorizing staff to pay agreed upon consideration for South King Street improvements easements. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 ORDINANCE I Clifton Vaughan, Vice- Chair of the Planning Commission, provided an unanimous recommendation from the Planning Commission recommending to the Town Council that Leesburg Zoning Ordinance Section 4E-2(3) and 4E-3(3) be amended to include the language initiated by Council and forwarded to the Commission in Resolution #2000-105 with the revision of 25,000 square feet of gross floor area for permitted and special exception uses. On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following ordinance was proposed. 2000-0-24 - ORDINANCE Amending Zoning Ordinance Section 4E to allow a college or university in the I-1 District. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb, Nay: None Vote: 6-0-! The meeting adjourned at 8:50 p.m. Mayor (Z'lerk of Council