HomeMy Public PortalAbout2000_08_08COUNCIL MEETING Auqust 8, 2000
Town Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding.
Councilmembers Present:
Mervin Jackson, Leonard McDonald, David Schmidt, Vice-Mayor Kristen Umstattd,
Robert Zoldos, and Mayor Webb.
Staff Members Present:
Bob Noe, Town Manager, Phil Rodenberg, Deputy Town Manager, Town Attorney
William Donnelly, Director of Engineering and Public Works Tom Mason, Director of
Planning, Zoning and Development Michael E. Tompkins, Chief of Police Joe Price,
Purchasing Officer Cathy Elgin, Planner, Delane Parks, and Clerk of Council Judy
Ahalt.
Planninq Commission Members Present:
Chairman, Gus Glikas, Charlotte Cable, David Kennedy, and Lawrence Schonberger.
AGENDA ITEMS
A. INVOCATION BY Mayor Webb.
B, SALUTE TO FLAG by Vice-Mayor Umstattd.
ROLL CALL showing Councilmember Atwell absent and Councilmember
McDonald will be arriving late.
D. MINUTES
On a motion by Councilmember Jackson, seconded by Councilmember Zoldos,
the minutes of the July 5, 2000 meeting were approved, as amended, to
correct Resolution No. 2000-127 - Setting the Town Council Calendar to read
that August 28 shall read August 21 and August 29 shall read August 22 by
the following vote:
Aye:
Nay:
Vote:
Jackson, Schmidt, Umstattd, Zoldos and Mayor Webb
None
5-0-2
PETITON ERS
Mayor Webb advised that the 5-minute time limit would be evoked for
petitioners.
Tim John, representing the Growing Stage, introduced performers who did a
brief skit of an upcoming Shakespeare performance they will be presenting.
Peqqy Forbes, 309 Wildman Street, addressed Council. Ms. Forbes expressed
concern with the smaller lot sizes proposed for the Hamlet of Leesburg
subdivision. She also questioned why the neighboring community did not
received certified notification at the preliminary plat stage. Ms. Forbes
asked that the SLDR be amended to include posting of signs for future
notifications. Further, she added that the proposed duplex units are not
compatible with the neighborhood.
Willard Walters, who lives at Wildman and Marshall St., addressed Council
with concerns of the upcoming duplex construction at the Hamlet of Leesburg.
His concerns were the increased amount of traffic, lot sizes, and construction
noise. He also requested a 4-way stop sign on Wildman and Marshall Streets.
Town Council Minutes for August 8, 2000 Page 2
Catherine Delaney addressed Council. She expressed concern with the
Hamlet of Leesburg causing increased traffic and children. She asked that
duplexes be changed to single-family detached homes.
Sandra Kane, 815 Kenneth Place, HOA President, addressed Council. Ms.
Kane asked Council to unanimously oppose the proposed Tractabel power
plant in Loudoun County.
Harry Davis, 301 Ariel Drive, spoke in opposition of the Hamlet of Leesburg
development. He expressed concern with mature trees being destroyed
during development and the construction entrance off Ariel Drive causing a
very dangerous situation for the children in the neighborhood.
Randy Kenyon, 301 Wildman Street, comments read by Peggy Forbes. Mr.
Kenyon is opposed to the Hamlet of Leesburg duplex development. His letter
requested a buffer zone between the new and existing lots and the hardwood
trees be preserved on the site of the new development.
Lyle Werner, 406 S. King Street, addressed Council. Ms. Werner asked that
utilities be placed underground along the South King Street. She discussed
lampposts stating she had talked to VA Power and they will maintain acorn
lamps. The cost is estimated to be $2,800 per fixture and part of this cost
can be offset by revenue rebate. She asked that a change order be issued
with the current contractor to install conduit for the lampposts.
Lisa Speet addressed Council. Ms. Speet discussed Leesburg Commons
stating that it has more retail than anticipated. She doesn't want to see this
type of development at the Town's gateway and is opposed to the increased
height requirement. Further, it does not comply with the Town Plan.
William Waldman, 104 Cagney Terrace, discussed the intersection of Sycolin
Road and the bypass. He asked for an acoustic barrier since the developer
plans only a landscape barrier to act as a noise buffer. He presented a
petition to Council to ask VDOT to conduct a noise study for this area.
Secondly, he asked Council to consider giving an equitable water credit to
town homes as is done for single-family detached homes.
The petitioner's section closed at 8:10 p.m.
F. .1OZNT PUBLZC HEARTNG WTTH THE PLANNZNG COMMZSSZON.
Amendments to the Zoning Ordinance and Subdivision and
Land Development Regulations to eliminate the use of common
parking courts as an option for Single Family Detached and
Duplex Dwelling Units.
Mayor Webb clarified that the Planning Commission does have a
quorum.
Delane Parks clarified the definition of three forms of private streets,
i.e. private streets, common driveways and common parking courts. He
stated the Town Plan focuses on the elimination of single-family and duplex
units on common parking courts.
Mayor Webb asked that the Planning Commission bring a
recommendation back to council prior to the September meeting.
Town Council Minutes for August 8, 2000 Page 3
The joint public hearing opened at 8:20 p.m.
John Hiqgins, discussed the faults of the common parking courts as
outlined in the Town Plan and the safety concerns with private streets. He
asked Council to reject anything other than public streets for single-family
detached and duplex units.
Jeff Kruse, 303/305 S. King Street, addressed Council in opposition of
private streets and common parking courts stating safety concerns.
Richard Batsavage, 412 S. King Street, (letter read by Jeff Kruse)
spoke in opposition of private streets. He cited the lack of accessibility of
large vehicles and safety concerns adding the Town Plan already opposes
common parking courts.
Catherine McCartan, 17 Linden Hill Way, spoke in opposition of private
streets. The maintenance of common parking courts at Linden Hill take 60%
of the HOA budget; services that are normally provided by the Town.
Allen Furman, resident of Linden Hill, spoke in opposition of private
streets. He stated residents feel they are being doubly taxed. He asked that
Linden Hill be accepted in the public street system stating there may be some
support from VDOT. Further, he asked town staff to research how this can be
done.
Lyle Werner, 406 S. King Street, spoke in support of eliminating
common parking courts stating it makes sense to have our regulatory
documents supporting the Town Plan.
Jeff McCarthy, 416 S. King Street, spoke in support of eliminating
private streets.
John Washko, 308 S. King Street, spoke in support of eliminating
public parking courts citing safety and homeowner issues.
Helen Carlson, formerly resided at 401 S. King Street, discussed
common parking courts. She stated the Town Plan is in harmony with
creating a multitude of family housing types. Therefore the Historic District
should allow common parking courts to promote pedestrian traffic. She said
common parking courts have been very successful in Westgreen. She further
suggested grand fathering projects already on common parking courts and
her property on S. King Street, which has been in the process for 5 years.
Ron Moore, representing a moving company, spoke saying that
moving vans and school buses can maneuver in common parking courts.
Nike Banzhaf, addressed Council stating that the Westgreen
Development has private streets that are very user friendly and have no
safety issues. He stated if common parking courts are eliminated the current
private streets will be non-conforming lots. He suggested working with VDOT
to bring developments into conformance. The town needs a tool to provide
for infill development in the historic district.
Kathy Higgins, read a letter from Tom & Terry Semones of 404 S. King
Street. The Semones letter was in support of eliminating private streets and
private courts.
Town Council Minutes for August 8, 2000 Page 4
Kathy Wilt, HAO President for 4 years at Beauregard Estates, letter
read by Kristen Umstattd as follows:
Much of our time as a board was spent dealing with issues revolving
around private streets. (1) We had to raise our homeowners dues annually to
ensure we have enough in our road fund to repair roads. Our HOA dues are
$187 per quarter; this money primarily goes to road up keep. Beauregard
does not have a pool, tot lot, etc. (2) We have no curb or gutter so the town
required the roads to have gravel shoulders and ditches. Gravel is always on
the road, which causes safety issues for children riding bikes. The ditches are
hazards for cars and people doing mowing and have caused us to be sued.
(3) Town police will not assist with people speeding through our neighborhood
because of the private roads. Apparently laws do not allow the police to do
so. (4) School buses are not allowed to pick up children on private streets.
We finally were able to convince the school board to make an exception to
this rule because Lawson Road is so busy and more than 30 to 40 children
could be standing on the corner of Beauregard and Lawson at one time. (5)
Since school buses were not allowed to travel on our roads, the original
development plans required that there be bus shelters built at the entrance to
each development. Currently, we are working with the Town to get this
proffer dropped since we no longer need the shelters. T do not know where
we stand with this change, however, when T contacted town staff three years
ago ! was told we would have to pay $2,000 for a proffer amendment. (6) We
have no streetlights in the neighborhood. It is my understanding, we would
have to work with NOVEC to get these and that the homeowners association
would have to pay the cost of the lights and their installation. (7) Beauregard
residents pay town and county taxes and get very few services from either of
them. We are responsible for snow plowing, sanding, road repairs,
resurfacing, street cleaning, street signage, etc. As you can see there
appear to be very few advantages of private streets and many liabilities. It is
my opinion that they benefit no one but the developer.
The public hearing closed at 9:00 p.m.
Councilmember Schmidt asked Bill Donnelly if the Town had any
authority to increase the disclosure for residents purchasing homes with
private streets?
IVlr. Donnelly commented that it could probably be done as a condition
of approval of a subdivision. He further stated that if it were a proffered
rezoning with private streets, you could negotiate whereby the developer
would be required to notiCy homeowners in the deeds that the streets were
private.
Mayor Webb asked for further clarification on private streets at the
September 11th work session.
Councilmember McDonald clarified this amendment would only affect
the common parking court.
Councilmember Zoldos made a recommendation that staff investigate
the possibility of adopting the maintenance of private streets.
Commissioner Schonberger asked staff for elaboration on what the
DCSM provides t'o distinguish the different types of private streets.
Town Council Minutes for August 8, 2000
Commissioner Cable asked for a definition for all of the street
terminology that is used in both the St_DR and Zoning Ordinance.
Page 5
Mr. Parks will provide this information to the Planning Commission to
assist in their recommendation to Council for the September 11th work
session,
Councilmember McDonald stated he wouldn't want to adopt a
regulation that will restrict current homeowners.
Councilmember Zoldos suggested that infill development should be
grand fathered,
SE-2000-06
Special Exception by Patri¢ia Bennett to allow home daycare for
:~2 children at ~.2:1.~. Barksdale Drive, NE in a PRC zoning
district.
Mike Tompkins outlined this special exception to allow home daycare
for 12 children (maximum allowed in the zoning ordinance) at 1211 Barksdale
Drive, He added that Planning Commission recommends conditional approval
as outlined in the staff report.
The public hearing opened at 9:10 p.m.
Patricia Bennett addressed Council stating that she did send certified
letters to the adjoining property owners and three mothers are present whose
children she cares for.
Jessica Martinez addressed Council stating that Ms. Bennett cares for
her children. She commented that her daughter receives excellent care and
Ms. Bennett is beyond reproach.
The public hearing closed at 9:12 p.m.
LEESBURG COMMONS
Town Plan Amendment TP 99-0Z~ Rezoning ZM-:L57, Special
Exception SE-98-09 & Zoning Text Amendment ZOAM 99-05
This public hearing was cancelled to allow for notification requirements
to be met.
G. COUNCZLMEMBER COMMENTS
Councilmember McDonald commented on the Shellhorn issue. He questioned
who at the County made the decision not to inform the Leesburg Town Council.
Councilmember Zoldos commented on the Town Council retreat at Airlie on
July 26 and 27, He thanked the deputy town manager for the notes from the
retreat and stated that he came away with a very positive outlook,
Councilmember Jackson reported that the Traffic Task Force will be meeting
on August 30, 2000.
Councilmember Umstattd commented on the citizen input tonight. She asked
can we amend the SLDR to require greater signage whenever a project is going to
have an impact on an existing neighborhood? She asked staff to address the
Town Council Minutes for August 8, 2000 Page 6
following citizen comments: (1) enforce speed limit on any construction traffic, (2)
consider at next worksession the request for a four-way stop sign at Wildman and
Marshall, (3) William Waldman's request to ask VDOT to do another noise study and
the water credit issue, (4)to further discuss the acorn street lights at another work
session,
Councilmember Umstattd stated that she is disappointed that Tractabel does
not plan to brief the Town Council in public session. She stated she would like more
pollution information.
Further, she plans to make the following nominations under new business.
Airport Commission Roy Steinfort, Cable Commission William Webb, Planning
Commission Larry Schonberger, Parks and Recreation Commission Cindy Locklear
and Tree Commission William Wolff.
Councilmember Schmidt commented on the council retreat. He reiterated it is
the time for citizens to direct support to the Board of Supervisors for ballfields at the
Shellhorn property site. Councilmember Schmidt also commented that he would be
in support of streetlights on South King Street.
Councilmember Schmidt stated that he would be nominating Lyle Werner for
a seat on the Planning Commission. He commented that he would like to see more
background information on citizens who had not previously applied.
H. MAYOR'S COMMENTS
Mayor Webb commented that Gordon MacDowell has sent a letter stating that
he will not be able to continue running the Nighty Midget Kitchen. Mayor Webb
asked that the status of this structure be discussed at the September 11th work
session.
Mayor Webb commented on a letter dated July 20th from the Fairway Manor
Homeowners Association regarding an issue that a number of their homes are in a
floodplain. She referred the letter to the staff for disposition.
Mayor Webb thanked Jim Clem for meeting with the Commonwealth
Transportation Board.
She echoed Vice-Mayor Umstattd's comments on the Hamlet of Leesburg
issues and thanked citizens for speaking on the common parking court issue.
I, MANAGER'S REPORT
Mr. Noe reported on the Voluntary Water Conservation signs displayed
throughout town. He advised that even though we have had considerable rainfall
during the summer, there were several days in June when our water plant was
running at 95% capacity. The signs are to call the citizens attention to conservation.
3. LEGISLATION
ORDINANCE -
Amending Section 8A-8(1) of the Zoning Ordinance and Section 13-7(C)(2) of the
Subdivision and Land Development Regulations to restrict the use of a common
parking court to serve only single-family attached (townhouse) dwelling units.
Mayor Webb advised that this proposed ordinance amendment will be
deferred to the first council meeting in September.
Town Council Minutes for August 8, 2000 Page 7
On a motion by Vice Mayor Umstattd, seconded by Councilmember Jackson,
the following ordinance was proposed.
2000-0-26 ORDINANCE
Approving special exception application SE-2000-06, 1311 Barksdale Drive, NE to
permit home day care.
The motion was adopted as shown below:
Aye: Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 6-0-1
On a motion by Councilmember Jackson, seconded by Vice- Mayor Umstattd,
the following consent agenda was proposed.
2000-149 RESOLUTION
Extending the contract with Wireless Communications in the amount of $17,916 for
the annual support and maintenance of the public safety radio used by the police
department.
2000-150 RESOLUTION
Approving an annual cleaning service contract with Vonmark Cleaning in the amount
of $21,900 for the public safety center.
2000-151 RESOLUTION
Approving an annual uniform cleaning contract to Tollhouse Cleaners at an estimated
'cost of $30,000 for the police department.
2000-152 RESOLUTION
Approving a contract for sealing the cracks on Runway 17/35 at the Leesburg
Executive Airport.
2000-15:3 RESOLUTION
Approving an annual sludge removal service contract to Jaymac at an estimated
annual cost of $30,099 for use at the Water Treatment Department.
2000-154 RESOLUTION
Authorizing a street resurfacing plan for FY01.
2000-155 RESOLUTION
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for Potomac Station, Sec. lA.
2000-156 RESOLUTION
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for Potomac Station, Sections lB, 1C, 1E, 3C, and 6EFG.
2000-157 RESOLUTION
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for Potomac Station, Sections 2AB, 2AB-l, 2CD, 2EF, 2GH,
2AB, 4, 4(water and sewer extension plan), 6A and the Community Center.
2000-158 RESOLUTION
Town Council Minutes for August 8, 2000 Page 8
Authorizing a time extension for time completion of public improvements and
approving a performance guarantee for Woodlea Manor, Phase I/Bradfield Drive
Connection.
2000-159 RESOLUTZON
Making a reduction of the performance guarantee for public improvements installed
in Potomac Station, Section 8A.
2000-160 RESOLUT'rON
Authorizing an agreement and approving a substitute guarantee for Potomac Station,
Sections 8D, 8E and 8F and releasing the Corporate surety bonds from Engle
Homes/Virginia, Inc. and Goose Creek Communities, LLC.
2000-161 RESOLUTZON
Deferring the receiving and opening of cable franchise bids until September 26,
2000.
2000-162 RESOLUTZON
Authorizing the Town Manager to execute a license agreement with the Potomac
Station Community Association for an irrigation system within the right-of-way of
River Creek Parkway.
The consent agenda was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb
Nay: None
Vote: 6-0-1
On a motion by Councilmember .lackson, seconded by Councilmember
Schmidt, the following motion was proposed.
2000-163 RESOLUTZON
Initiating amendments to the Leesburg Zoning Ordinance and Zoning District Map to
expand the Historic Overlay (H-l) District.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos, and Mayor
Webb
Nay: None
Vote: 6-0-1
On a motion by Councilmember Zoldos, seconded by Councilmember Jackson,
the following motion was proposed.
2000-164 RESOLUTZON
Adopting the Virginia Public Procurement Act and attached Procurement Policy
Manual as the procurement policy of the Town.
Vice-Mayor Umstattd stated that she is not comfortable with the $:100,000
approval authority of the town manager.
She made a motion to amend the motion to reflect the contracting authority
be amended from $100,000 to $50,000 and under selection committee amended
from $100,000 to $50,000.
There was no second. The motion failed.
Town Council Minutes for August 8, 2000 Page 9
Councilmember Schmidt continued discussion on the original motion stating
that since items are already budgeted he is comfortable with the proposed limits.
Councilmember McDonald agreed.
The motion was adopted by the following vote:
Aye: Jackson, McDonald, Schmidt, Zoldos, and Mayor Webb
Nay: Umstattd
Vote: 5-1-1
On a motion by Councilmember Jackson, seconded by Councilmember
McDonald, the following motion was proposed.
2000-165 RESOLUTION
Authorizing the conveyance of the Heritage High School Site to the Loudoun County
School Board.
Mayor Webb verified that all of the boundary line adjustments issues have
been resolved and the site is in the corporate limits of the Town.
The motion was adopted as follows:
Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb
Nay: None
Vote: 5-0-1
K, NEW BUSINESS
Councilmember Jackson nominated Clifton Vaughan for reappointment to the
Planning Commission and Stanley Caulkins to the Airport Commission.
Councilmember Zoldos asked that appointments to Boards and Commissions
be tabled until background information is obtained from all applicants.
Mayor Webb suggested that Planning Commission appointments be made
since they are either reappointment or applications have been submitted.
Councilmember Jackson made a motion to appoint Clifton Vaughan, Lawrence
Schonberger and Lyle Werner to the Planning Commission. Vice-Mayor Umstattd
seconded the motion.
The motion was adopted as follows:
Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb
Vote: 6-0-1
There was further discussion to bring forward information on other nominees
to the September 11th worksession.
Councilmember McDonald asked that the no left turn lane at Market and King
Street be enforced.
Town Council Minutes for August 8, 2000 Page 10
Mr. Donnelly reminded Council the Leesburg Commons public hearing is being
deferred to September 12th at 7:30 p.m.
The meeting adjourned at 9:50 p.m.
B..1.'qNebb Mayor
dith W. Ahalt, Clerk of Council