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HomeMy Public PortalAbout2001_02_13COUNCIL MEETING February 13, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, Robert Zoldos, and Mayor Webb. Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Michael Tompkins, Chief of Police Joe Price, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Jackson. B. Salute to the Flag was led by Boy Scout Troop 1550. C. Roll Call showing all present. D. Minutes: On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd the minutes of the January 22, 2001 worksession and January 23, 2001 regular meeting were approved, as amended by Councilmember Schmidt, with Councilmember Zoldos abstaining on the January 23, 2001 minutes. Presentations: a. A Certificate of Appreciation was presented to Anthony Fasolo for his dedicated service to the Leesburg Environmental Advisory Commission. b. A Certificate of Appreciation was presented to Kathryn Kearns for her dedicated service to the Leesburg Planning Commission. c. The following Resolution of Respect was passed on a motion by Vice-Mayor Umstattd and seconded by Councilmember Jackson and presented to the family of William Washington Nickels. RESOLUTION OF RESPECT WHEREAS, William Washington Nickels died on February 1, 2001; and WHEREAS, William Washington Nickels served as Mayor of Leesburg from 1953 to 1954; and WHEREAS, during his term as mayor he worked with the town council to separate from the duties of mayor those of chief magistrate, justice of the peace, and police chief; and WHEREAS, Mr. Nickels was educated at the McCallie School in Chattanooga and at Davidson College and Duke University. He received a LL.B from the University of Virginia. During the Second World War, he served in the U.S. Navy in the Pacific theater, reaching the rank of lieutenant j.g.; and Minutes for Town Council Meeting of February 13, 2001 Page 2 WHEREAS, Mr. Nickels was a past president of the Loudoun Bar Association, and served in numerous capacities in the Waterford Foundation. He was a member of the Kappa Alpha fraternity, served on the Board of Directors of the Loudoun Mutual Fire Insurance Company, and was a Mason.; and THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Mr. Nickels' family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his family. PASSED this 13th day of February 2001. F. Petitioners: 1. Dean Worester addressed Council on behalf of the Leesburg Rotary Club reporting on the Rotary Resolution 10K Race and thanking the Town and citizens for their support, stating the race raised over $15,000. Mr. Worester presented Council with 10K Race sweatshirts. 2. Charles Beardsley addressed Council on behalf of the Loudoun County High School PTSA. He thanked the Town of Leesburg for supporting their all night graduation party. Mr. Beardsley invited Council to their major fund raiser for this year's party, an art auction at the Leesburg Moose Lodge on Saturday, February 24th. 3. Mike Phillips addressed Council with reference to the failing septic system at his residence on Evergreen Mill Road. Mr. Phillips stated that currently he is using a pump and haul system. He asked the Town to approve a pumping station so the residents of Evergreen Mill Road would have access to water and sewer. Mayor Webb asked that this item be discussed at a future worksession. 4. Justin Haun addressed Council asking that a new movie theatre be considered for the Town of Leesburg. G. Public Hearing None H. Council Comments: Councilmember McDonald disclosed that he had met with the applicant of Leesburg Commons, the Peterson Company, and asked that consideration be given to Mr. Phillip's situation. Councilmember Zoldos disclosed that he had met with the Peterson Company and asked for some emergency action to help Mr. Phillips. Councilmember Atwell reiterated that consideration be given to rectify Mr. Phillips situation. Councilmember Jackson - no comment. Vice-Mayor Umstattd announced that Leesburg American Legion Post 34 will hold their Washington Day Banquet at Tuscarora Mill Restaurant. The guest speaker Minutes for Town Council Meeting of February 13, 2001 Page 3 will be E. Prescott Engle. She thanked the Leesburg Volunteer Fire Department for hosting the awards banquet. Further, she and Councilmember Jackson attended a follow-up meeting with VDOT and members of the Loudoun Board of Supervisors to explore the accelerated funding for the Rt. 15 Trail. VDOT has provided preliminary costs for the project and three members of the Board of Supervisors indicated a willingness to have the county fund 60% of the cost. Councilmember Schmidt stated legislation would be initiated later tonight to install much needed stop signs along Meade Drive. He stated that he would like to have an update at the next council worksession regarding the town's obligation to provide an elementary school site. I. I~layor's Comments: Mayor Webb stated she has been spending a great deal of time on hospital issues. Citizens are in Richmond today to talk with the State Health Commission about the need for more beds. She stated the situation is critical for beds at the emergency room. She reported she attended the Loudoun Jewish Congregation meeting on Wednesday and reported that they are optimistic they have found a building site on Rt. 621. Mayor Webb disclosed a meeting with Mark Leader regarding property on Cardinal Park Drive and with Peter Arundel in reference to the development of the Loudoun Times Mirror property. J. Town t4anager's Comments Mr. Noe introduced Nancy Kosta, new comprehensive planner in the Planning and Zoning Department. Mr. Noe requested a closed session at the conclusion of this meeting to discuss the acquisition of real property. K. Legislation: I ORDINANCES ] On a motion by Councilmember McDonald, seconded by Councilmember Schmidt, the following ordinance was proposed: 2001-O-3 ORDINANCE Approving Special Exception Application, #SE-2000-12, Star Concrete. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 6-1-0 Minutes for Town Council Meeting of February 13, 2001 Page 4 On a motion by Councilmember McDonald, seconded by Councilmember Zoidos, the following ordinance was proposed: 200:1-O-4 ORDINANCE Approving Town Plan Amendment TP-99-02 to remove Davis Avenue from the Transportation Policy Map. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0-0 CONSENT On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following consent items were proposed: 200:1-:14 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Kincaid Forest, Section 7B. 2001-15 RESOLUTION Authorizing an agreement and waiving a performance guarantee for the County of Loudoun Central Warehouse. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 7-0-0 REGULAR AGENDA On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt, the following motion was proposed: 2001-16 RESOLUTION Adoption of the Residential Traffic Management Plan prepared by the Residential Traffic Task Force. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0-0 Minutes for Town Council Meeting of February 13, 2001 Page 5 Mayor Webb commented the R-I-I-F has done an incredible job and hopefully the report will be an action plan to help with some of Leesburg's traffic issues, On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt, the following motion was proposed: 2001-17 RE$OLUTI'ON Establishing a Standing Residential Traffic Management Committee. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0-0 L. Boards and Commissions None New Business On a motion by Councilmember Schmidt, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-18 RESOLUTION Authorizing the Town Manager to install all-way stop signs on Meade Drive at Greenway Drive, Lawford Drive and Moore Place. WHEREAS, at the February 12, 2001 Town Council work session the Town Council requested installation of all-way stop signs at various intersections on Meade Drive in Greenway Farms as requested by residents; and WHEREAS, the intersections on Meade Drive in Greenway Farms and Woodlea Manor do not meet the warrants for all-way stop conditions in the Manual on Uniform Traffic Control Devices (MUTCD); and WHEREAS, the Director of Engineering and Public Works recommends that if all-way stop signs are installed on Meade Drive, the criteria in the Traffic Task Force Report recommend that spacing of multi-way stops should be not more frequent than at intersections 800 to 1,000 feet apart; and WHEREAS, all-way stop signs at the intersections of Meade Drive at Greenway Drive, Lawford Drive and Moore Place generally meet these criteria. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Town Manager is directed to have the appropriate stop signs installed on Meade Drive at Greenway Drive, Lawford Drive and Moore Place. Lori Ciafre, representing the residents of Greenway Farms, made a request to include Fairfield Way because the petitions did not include the Woodlea residents. Tom Mason stated as outlined in the task force criteria recommended streets have crosswalks or meet the spacing requirements. Mr. Mason's added it is his Minutes for Town Council Meeting of February 13, 2001 Page 6 recommendation for three-way stops at Greenway Drive, Lawford Drive and Moore Place. Councilmember Schmidt stated he is agreeable with the staff recommendation. Ms. Ciafare asked that Greenway residents be allowed to meet with the Town to talk about alternative traffic calming measures for their neighborhood as they do not believe the stop signs will alleviate the problem. Mayor Webb stated the stop signs are only an immediate resolution; long- term traffic issues will be more appropriately dealt with by working with the Residential Traffic Management Committee and the engineering staff. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb. Nay: None Vote: 7-0-0 Phil Rodenberg updated Council on several issues before the General Assembly. The issue dealing with exemption or deferral of tax on property for certain elderly or handicapped individuals has increased the income limit from $52,000 to $60,000. Concurrently, Senator Byrne has introduced a bill that would raise the income limitation from $52,000 to $80,000 and financial worth limit up to $300,000. These adjustments are maximum levels and could need to be adjusted by a local ordinance. He asked if Council would want to continue to support to support the Black Bill and do we want to be included in the Byrne Bill? Mayor Webb verified that we have the ability to not be obligated to go with the maximum levels, we can make the determination at the local levels. Council concurred to support both bills. Councilmember Zoldos asked that the UGA and Annexation be included on the next workshop. Vice-Mayor Umstattd made the following motion, seconded by Councilmember Zoldos, to convene in a closed meeting: 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 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 passed on the following vote: Minutes for Town Council Meeting of February 13, 2001 Page 7 Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb. None 7-0-O The Council adjourned from regular session at 8:15 p.m. The Town Council convened in closed session at 8:25 p.m. The Town Council reconvened in regular session. Vice-Mayor Umstattd made the following motion, seconded by Councilmember McDonald: 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 passed on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb. Nay: None Vote: 7-0-0 The meeting adjourned at 8:45 p.m. Mayor Town of Leesburg AT'I'EST: ¢~k of Council