HomeMy Public PortalAbout2000_12_12COUNCIL MEETING December 12, 2000
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding.
Councilmembers Present:
George F. Atwell, Leonard McDonald, Mervin 3ackson, David Schmidt, Vice Mayor
Kristen C. Umstattd, Robert Zoldos and Mayor Webb.
Staff Members Present:
Town Manager Robert Noe, Deputy Town Manager Phil Rodenberg, Town Attorney
William E. Donnelly, Director of Engineering and Public Works Tom Mason, Director
of Parks and Recreation Kaj Dentler, Chief of Comprehensive Planning Randy
Hodgson, Budget Officer Mike Freda, Zoning Administrator Brian Boucher, Chief of
Current Planning Lee Phillips, Tourism Coordinator Marantha Edwards, and Clerk of
Council Judy Ahalt.
AGENDA ITEMS
A. Tnvocation was led by Councilmember Zoldos
B. Salute to the Flag was led by Councilmember Jackson
C. Roll Call showing all present.
D. lflinutes:
On a motion by Councilmember Schmidt, seconded by Councilmember
Jackson the minutes of the November 27, 2000 and November 28, 2000 meeting
were approved as corrected.
E. Presentation of Certificates:
Mayor Webb recognized Kaj Dentler, Director of Parks and Recreation, for
receiving an award for Best Promotional Effort for the Holiday Happenings Brochure
from the Virginia Recreation and Parks Society.
Petitioners:
1. Tom Steinhice., 904 Chancellor Street, addressed Council in opposition
to Councilmember Zoldos' proposed motion to pursue the extension of a
Chancellor Street emergency access road. Mr. Steinhice asked all of those
in opposition in the audience to stand. He reminded Council the trail was
removed from the C[P on a 4-2 vote and is against the recommendation of
the Director of Engineering and Public Works. He asked Council to please
reconsider pursuing this access road.
2. Sandy Smallwood, 901 Chancellor Street, spoke in opposition of the
proposed access road and discussed the crime issues of a proposed trail.
3. Douq Goolsby, 906 Chancellor Street, spoke in opposition of the
proposed access trail reference potential crime issues. He asked that
Council please publish facts that would prove the law enforcement officials
wrong about the potential for crime on a trail. He further asked that Council
make safety and security of their children and neighborhood a priority.
Town Council Minutes for December 12, 2000 Page 2
4. Mike Lockler, 913 Chancellor Street, addressed Council asking that
the S. King Street trail and a bike path along Evergreen Mill Road/Tolbert
Lane/Sycolin Road connecting to the W&OD on the North Side of Rt. 15 be
considered as options.
5. Steve MacKellar, 908 Chancellor Street, addressed Council in
opposition to the proposed trail stating that accessibility to Chancellor Street
is not an issue.
6. William Wolf, 104 Orr Circle, addressed Council asking the Town to
prioritize safety issues. He suggested that the Rt. 15 safety problems be
addressed.
7. Rich Sullivan, 918 Chancellor Street, addressed Council in opposition
to the Chancellor Street access. He cited the safety of children and asked
that other alternatives be pursued.
8. Peqqy Coleman, resident of Greenway Farms, addressed Council
stating that she is in favor of a bike trail.
9. John Berfield, 304 Babson Circle, addressed Council speaking in
opposition to the emergency access road citing safety concerns and the
potential problems with proposed options B, C, and D.
10. Andrew Gupta, 243 Loudoun Street, SW, submitted a petition from
the residents of Southwest Leesburg as follows:
Whereas, the residents of Country Club, Greenway Farms and
Woodlea Manor do not have adequate emergency access to and from
their homes in the event of catastrophe that blocks access to Rt. 15.
Whereas, the residents of over 1200 homes in Southwest Leesburg do
not have a safe pedestrian or bike access to the historic district or the
W&OD Trail;
Whereas, such a trail has been promised by Leesburg officials for as
many as 15 years;
Whereas, a trail that runs along Route 15 may be an option in 10
years, but is not available in a safe design in the near future;
Whereas, numerous citizens have been injured trying to negotiate
unsafe roads and paths into the historic district from the southwest;
We the undersigned residents of Leesburg, Virginia hereby petition
the Leesburg Town Council to immediately approve a resolution
initiating the construction of an emergency road/bike trail connecting
Chancellor Street to Dry Mill Road, then continuing the trail to the
Washington and Old Dominion trail.
11. Michael Cooley, Nichols Drive, addressed Council in support of an
emergency access. He stated that there is greater support than represented
at tonight's meeting. Further, this access will provide safety access to town
services, emergency access, and access to the trail.
Town Council Minutes for December 12, 2000 Page 3
12. Tom McKeen, 1422 Hague Drive, addressed Council in support of the
emergency access stating universal support in the Woodlea neighborhood.
13. Adria Frie, 1403 Harle Place, addressed Council in support of the
emergency access road that would provide citizens with quick emergency
attention.
14. Linda Callegy, owner of Potomac Gallery at 17 S. King Street,
addressed Council with reference to the possible town expansion. She
discussed the possibility of co-locating the visitor's center and the LCVA
offices in the town's expansion plan. She and Cheryl Kilday would like to be
considered in discussion on this expansion.
15. Jeff Taylor, 1206 Hawling Place, president of the Woodlea Manor
Homeowners Association addressed Council stating that currently there is
limited access to over 400 homes and their need to have access to W&OD
Trail. He thanked Councilmember Zoldos for his proposal.
16. Kelly Howerter, 703 Country Club Drive, addressed Council citing a
31/2-minute response time to their neighborhood. Secondly, two studies
done by Engineering and PW were recommended not pursuing this trail.
The fire department does not recognize the necessity for an emergency
access on Chancellor Street. She discussed the safety and cost issues.
17. Bill Repogle, 506 Brindley Place, addressed Council asking that
closure be brought to this issue. He suggested that the communities be
united stating that the southwest feels isolated. He commented that Rt. 15
is a tragedy waiting to happen.
18. Debby Terral, 303 Lawford Drive, addressed Council in support of the
emergency access.
19. Phil Curry, 635 Meade Drive, addressed Council in favor of the
emergency access.
20. Cheryl Steinhice, 904 Chancellor Street, addressed Council in
opposition to the emergency access, stating it is still a bike trail. This issue
has been very upsetting to the citizens; they chose their houses because
they were on a cul-de-sac. She asked that Council please reconsider this
issue; emergency vehicles already have adequate access to this community.
21. Eric Stevens, 310 Pathway Place, addressed Council stating he does
not consider a Rt. 15 trail as an option; it is too dangerous.
22. Bruce Boyce, 905 Chancellor Street, addressed Council in opposition
to the access trail. He stated trails should be planned around the perimeter
of a community. This neighborhood will loose the quiet enjoyment of their
homes.
The petitioner's section closed at 8:30 p.m.
Town Council Minutes for December 12, 2000 Page 4
Public Hearings
a. H-1 District Expansion
Brain Boucher outlined the proposed expansion of the H-1 District to
include nine houses on S. King Street and two on Edwards Ferry Road. He
explained that all properties in the H-1 would require Board of Architectural
Review for any external alterations and additions. He stated there is an
economic impact, but studies show that property values will increase.
Councilmember Schmidt clarified if the included homes would not
immediately incur any new fees. Mr. Boucher stated they would be grand
fathered in the existing state. They will only incur fees for any alterations or
additions.
Councilmember Umstattd verified that a permit would be needed from
the Board of Architectural Review to replace in kind.
The public hearing opened at 8:42 p.m.
Jeff Cruz, 303/305 S. King Street, stated that when he purchased his
residence it was in disrepair and could have been razed if it were not in the historic
district. Further, he commented that authentic restoration of property is not cost
prohibitive. The rest of S. King Street should be in the historic district as it is the
southern gateway to downtown.
Tunis Campbell, 430 S. King Street, addressed Council in opposition to
expansion of the H-1 district.
Letty Mallery, 423 S. King Street, addressed Council in favor of the H-1
expansion citing the uniqueness of the S. King Street stretch of homes. The
expansion will enhance the appearance of the block. She stated it will be a benefit
to the community as a whole and will enhance the tourism industry.
LeeAnn ivlicheals, 216 Edwards Ferry Road, spoke in opposition to her house
being included in the H-1 district. She cited there would be no increase in the value
of her home and will add another level of bueracy.
Jeff McCarthy, 416 S. King Street, spoke in support of extending the H-1
District. He stated it would protect the property values, homeowner's rights, and
maintain the historic value of downtown and protect the downtown as outlined in
the Town Plan.
Andrew McCarthy, 226 Edwards Ferry Road, spoke in support of extending
the H-1 District. He commented this is a win/win situation and will protect the
property values of the adjoining properties.
Karen Jones, Economic Development Commission, spoke in support of
expansion the H-1 District stating it is very important to the economy of the
downtown.
Mary Ann Naber, Vice-Chairman of the Board of Architectural Review and
resident of the historic district, addressed Council and recognized the value of the
historic district properties. She stated most residents want the protection of the
historic district. Ms. Naber urged Council to support this proposal to expand the H-
1 District.
Town Council Minutes for December 12, 2000 Page 5
Rich Batsavage, 412 S. King Street, addressed Council in support of the
historic district extension.
John Wasko, 308 S. King Street, addressed Council in support of extending
the historic district adding this is an opportunity Council should take to preserve and
protect the district. He stated the BAR standards are not a hardship.
The public hearing closed at 9:07 p.m.
Mayor Webb provided a report from the Leesburg Restoration and
Redevelopment Commission from B. Powell Harrison, which speaks directly to this
issue.
b. Special Exception SE-2000-10 - 14 Cardinal Park Drive
Lee Phillips outlined this special exception application to allow outdoor
storage at 14 Cardinal Park Drive. He stated staff recommends conditional
approval. The primary concern is buffering the storage from the adjoining
property, but the slope at the rear of the yard would help with the screening.
The public hearing opened at 9:15 p.m. There were no speakers.
The public hearing closed at 9:16 p.m.
It was decided that Council would consider legislation on this item tonight.
H. Council Comments:
Councilmember Schmidt discussed the consideration of the Draft Loudoun
County Comprehensive Plan. He expressed concern with the Western
Transportation Corridor not being addressed and encouraged citizen comment at the
County public hearings.
Vice-Mayor Umstattd wished Taylor Laura a Happy Birthday.
Councilmember Jackson disclosed a meeting with Bob Sevila on the Leesburg
Commons application.
Councilmember Atwell disclosed a meeting with Bob Sevila on the Leesburg
Commons application. Also, he attended a meeting with the Loudoun County
Facilities and Space Committee.
Councilmember Zoldos thanked all the residents for their response to the
emergency access trail. He referenced a letter from a resident at 813 Melody Court
with reference to an issue with Arcadia Building and the mound of dirt, which sits on
the green space area known as Mt. Travistock. He asked staff to look into the
matter.
Councilmember McDonald disclosed a meeting with representatives of
Leesburg Commons. Secondly, Ms. Thompson of Connery Terrace contacted him
with reference to poor cleanup by the builder in that area.
I. Mayor's Comments:
Mayor Webb commented that the December 25 and December 26, 2000
Council meetings are cancelled. She reminded councilmemberstoletMarantha
Edwards know if they plan to participate in the prize patrol for the Holiday
Decoration Contest. Mayor Webb added that she and Mr. Noe would be
Town Council Minutes for December 12, 2000 Page 6
participating in the 2nd Annual Ethics and Leadership Day at Loudoun County High
School.
Mayor Webb discussed calls from residents on Pershing Avenue with
reference to the improvements taking place there. She suggested that
Councilmember McDonald and Tom Mason discuss the concerns of the neighbors.
Mayor Webb reminded the public of the Community First Council meeting on
December 13th at 7:30 p.m.
J. Manager's Report:
Mr. Noe reported that staff is in the process of reoccupying the Balch Library.
The grand opening date will be determined later. He thanked Mr. Dentler for
successful tree lighting in downtown Leesburg.
He reported that Meade Drive would be opening on December 13, 2000
connecting Greenway Farms and Woodlea Manor.
Mr. Noe advised that a closed session will be necessary this evening to
discuss possible acquisition of real property.
Councilmember Atwell asked the status of his request for vacancies?
K. Legislation:
ORDINANCES
None
CONSENT AGENDA
Mayor Webb advised items five and six on the consent agenda have been
deferred.
On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd,
the following consent items were proposed.
2000- 235- RESOLUT?ON
Awarding a contract for construction of the East Market Street sidewalk project to
Rustler Construction, Inc. in the amount of $250,000.
2000- 236- RESOLUTION
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Edwards Landing, Section 1.
2000- 237- RESOLUTION
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for Exeter Hills, Section 5B.
2000- 238- RESOLUTION
Making a reduction of the performance guarantee for public improvements installed
in Potomac Station, Section 7A/7B.
2000-239 - RESOLUTION
Authorizing time extensions for completion of public improvements and approving
performance guarantees for Tavistock Farms, Section 9, 10, (11 & 12), 13, 19, 20,
21), 14 and 18.
Town Council Minutes for December 12, 2000 Page 7
2000- 240- RESOLUTION
Awarding a contract to Rhodeside and Harwell, Inc. in the amount of $50,000 to
develop a park master plan for an 86-acre site adjacent to Balls Bluff.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos
and Mayor Webb
Nay: None
Vote: 7-0
[ REGULAR AGENDA I
Councilmember Atwell proposed the following motion:
2000 - 241 - RESOLUTION
Appointing Mary P. Ingram to the Balch Library Commission.
The motion was seconded by Vice-Mayor Umstattd and approved by the
following vote:
Aye:
Nay:
Vote:
Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos
and Mayor Webb
None
7-0
On a motion by Councilmember Jackson, seconded by Councilmember
McDonald, the following motion was proposed:
2000- 242 - RESOLUTION
Removing two parking meters on the west side of Harrison Street between East
Market and East Loudoun Streets, and dedicating the associated parking spaces to
Loudoun Transit for scheduled bus service.
The motion was approved by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and
Mayor Webb.
Nay: None
Vote: 7-0
Councilmember Umstattd verified with Mr. Rodenberg the County has been
advised of this proposal.
Mayor Webb added that Supervisor Herring has responded in support of bus
stop and perhaps helping with funds to build bus stops on the various routes,
Councilmember Atwell asked about the progress of signage with schedules.
Mr. Rodenberg said that it has been discussed with Loudoun Transit.
On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd
the following motion was proposed:
2000- 243 - RESOLUTION
Authorizing the appropriation of the Uran contribution dated November 17, 2000.
Town Council Minutes for December 12, 2000 Page 8
The motion was approved by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos
and Mayor Webb.
Nay: None
Vote: 7-0
Mayor Webb asked that checks be expedited to the recipients of the Uran
contribution.
L. New Business
Councilmember Zoldos proposed a Bark Park for Leesburg. He handed out
information on this proposal for dogs to exercise and asked that staff report on this
proposal.
On a motion by Councilmember Zoldos, seconded by Councilmember
$chmidt, the following motion was proposed:
2000- 244 - RESOLUTION
Authorizing issuance of a request for proposals for engineering services for
Chancellor Street extension and the trail connection to the W&OD trail, and
appropriate and making a transfer of funds.
Councilmember McDonald stated he would not support opening Chancellor
Street to a bike trail only, however, since the S. King Street trail will not be done
within the next 36 months, he would support a motion to research an access, but
not for a bike trail only.
Councilmember Jackson stated he would not be supporting this motion. He
explained that he could support discussing this proposal in the mid-year budget but
cannot support use of $150,000 from the contingency fund at this time.
Vice-Mayor Umstattd stated she would be voting against this resolution. She
thought the fire and rescue letter was very persuasive in eliminating concerns with
the lack of emergency access to the community. She also referenced the
comments that there are a multitude of cul-de-sacs through the town that would be
in the same situation as Chancellor Street. Also the community has a right to have
government uphold their expectations of what they expected when they bought
their homes.
Councilmember $chmidt stated he would be supporting the resolution
tonight. He feels there is a need to connect the southwest and all of Leesburg with
a trails network. After discussion with Chief Price he feels there is more of a chance
of a tragedy on a Rt. 15 trail than on Chancellor Street. He stated he would not be
living in Leesburg if there were a criminal element. The Rt. 15 option will not be a
reality for approximately 10 years. Since, VDOT plans to put a cloverleaf at the Rt.
:15 bypass intersection; it would not be advisable to spend a lot of money on a Rt.
15 trail. Further the majority of the residents support a trail.
Councilmember Atwell stated that he is opposed to using $150,000 from the
contingency fund for debt reduction. This resolution is not good for the Town of
Leesburg.
Councilmember Zoldos asked for verification of a cost of $900,000 for a
South King Street expansion. Mr. Dentler responded that is an estimate and that it
would pick up the trail at Governor's Drive, head north into town to Davis Avenue
and to the Bike trail.
Town Council Minutes for December 12, 2000 Page 9
Mayor Webb stated that she supports a town-wide and regional bike trail
system. She is a daily user of the bike trail and is personally offended by some of
the comments about the activities on the trail. She has never experienced any
criminal activity on the bike trail. This council would not move forward with the
construction of anything that is deemed unsafe. The reason for this engineering
study is to make a reasonable and intelligent decision. If the engineers come back
and say this trail system cannot be reasonably constructed, then it will not go
forwa rd.
The motion carried on the following 4-3 roll call vote:
Aye: McDonald, Schmidt, Zoldos and Mayor Webb
Nay: Atwell, Jackson and Vice-Mayor Umstattd
On a motion by Councilmember Schmidt, seconded by Councilmember
Zoldos, the following motion was proposed:
2000-245 - RESOLUTION
Communicating the Town of Leesburg's Interim Comments on Loudoun County's
Draft General Plan and Draft Countywide Transportation Plan.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb
Nay: Umstattd
Vote: 6-1
On a motion by Councilmember McDonald, seconded by Councilmember
Schmidt, the following motion was proposed:
2000-0-36 - ORDINANCE
Approving Special Exception #SE-2000-10, 14 Cardinal Park Drive, to permit an
outdoor storage area.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos
and Mayor Webb
Nay.' None
Vote: 7-0
Closed Session
Councilmember Zoldos made the following motion:
Pursuant to Section 2.1-344(A)(3) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting for discussion of the possible
acquisition of real property by the Town because discussion in an open meeting
would adversely affect the bargaining position and negotiating strategy of the Town.
The motion was seconded by Councilmember McDonald and approved
unanimously.
At 10:02 p.m. the Council adjourned to the Council meeting room for a
closed session.
Following the closed session Mayor Webb made the following motion:
Town Council Minutes for December 12, 2000 Page 10
In accordance with Section 2.1-344.1 of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only public business
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.
The motion was seconded by Councilmember Zoldos and approved on a roll
call vote as follows:
Aye:
Nay:
Vote:
Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos
and Mayor Webb
None
7-0
The council reconvened in open session.
The following motion was made by Councilmember Zoldos, seconded by
Councilmember Jackson:
I move that the Town Council authorize the Town Manager, or his designee,
to proceed with discussions with the George C. Marshall International Center at
Dodona Manor regarding the potential of the Town assuming the Foundation's
assets and responsibilities in a manner generally outlined in the accompanying
concept document.
I further move that the Town Manager be empowered to retain such outside
assistance as he deems appropriate to expedite the initial feasibility study to
ascertain whether the Town should further proceed with the project; and
I further move that Councilmember Atwell serve as the Town Council's initial
representative in these discussions and that Mayor Webb serve as his backup
support.
The motion was approved by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos
and Mayor Webb.
The Council adjourned at approximately 10:55 p.m.
Z'lerk of Council