The URL can be used to link to this page

Home My Public Portal About2001_05_22Council Meeting May 22, 2001 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb presiding. Coun¢ilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Vice-Mayor Umstattd, Robert Zoldos and Mayor Webb. Staff t4embers Present: Bob Noe Town Manager, William Donnelly Town Attorney, Deputy Town Manager Phil Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Michael Tompkins, Director of Finance Paul York, Deputy Chief of Police Michael McVeigh, Assistant to the Town Manager Nicole Ard, Chief of Comprehensive Planning Randy Hodgson, Capital Projects Coordinator Nagi Elsewassi, Zoning Administrator Brian Boucher, Planner Nancy Costa, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Schmidt. B. Salute to the Flag by Councilmember McDonald. C. Roll Call showing all present. D. Minutes On a motion by Councilmember Schmidt, seconded by Councilmember Jackson, the minutes of the April 24, 2001 meeting were approved with Council member Atwell abstaining. E. Presentations On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following resolution of respect was approved. RESOLUTZON OF RESPECT R. BARRY THOMPSON WHEREAS, R. Barry Thompson served as Capital Projects Coordinator in the Department of Engineering and Public Works for the Town of Leesburg for 10 years; and WHEREAS, Mr. Thompson spent his entire life working in construction management, supervising numerous Leesburg construction projects and receiving several awards and citations in recognition of his service to Leesburg; and WHEREAS, Mr. Thompson retired from the Town of Leesburg in November 2000 and returned to his family home in Matthews, Virginia where he and his wife renovated and opened Buckley Hall :Inn, a bed and breakfast located near the Mathews County Courthouse; and WHEREAS, Mr. Thompson suffered an untimely death on April 29, 2001; and Town Council Minutes for May 22, 2001 Page THEREFORE, RESOLVED the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Mr. Thompson's family and our appreciation for his dedicated service to the Town; and BE TT 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 22nd day of May 2001. F. Petitioners Timothy Schott, 809 Wage Drive, SW, addressed Council asking for better communication between the town government and citizens. He cited two incidents with sewage backups in his home and the fact that he was not aware the Town Utilities Department should be notified of such an incident. Mr. Schott suggested better educating the public either by the town web site or via water and sewer statements. Tom Steinhice, 904 Chancellor Street, addressed Council. He stated he is encouraged the town is taking another look at the Master Trails Plan. Mr. Steinhice spoke in opposition to a trail at Chancellor Street citing safety issues. Douq Goolsby, 906 Chancellor Street, addressed Council. Mr. Goolsby stated he believes the town meeting on trails is a positive step toward bringing neighborhoods together. He cited concerns with assaults on bike trails and the wooded area of Chancellor Street, which would be unsafe for a trail. Sarah Wiley, 20 Fairview Street, addressed Council. She stated that she is in support of a sidewalk on the western side of Fairview Street, widening the road and removing the hill. Ms. Wiley expressed concern with the loss of trees with the street widening and poor communication of the issues to Fairview citizens. Paul Wheeler, 37 Phillips Drive, addressed Council. Mr. Wheeler expressed concern for the loss of trees during the Fairview Street widening. Further, Mr. Wheeler suggested eliminating the trail and the need to secure grading easements, which endanger the trees on Fairview Street. Mike Phillips, 501 Evergreen Mill Road, addressed Council. Mr. Phillips thanked Council for their support in allowing Evergreen Mill Road residents to hook up to water and sewer and asked that water pro rata fees be waived. Chuck Shotton, 204 Loudoun Street, read a letter requesting support for Loudoun Country Day School. Michael Lockler, 913 Chancellor Street, addressed Council. Mr. Lockler thanked Council for scheduling a trails workshop. He asked Council Lo establish better communications with Leesburg residents and to take into consideration that some residents (customers) do not wish to live in neighborhoods with trails in their back yard. Nike Glennon, 313 Locust Knoll, addressed Council. Mr. Glennon thanked Council for listening to citizens in reference to Loudoun Country Day School. He asked that stop signs be installed on Fairview Avenue in the Old Waterford Knoll area. Town Council Minutes for May 22, 2001 Paqe 3 Mr. Glennon also had concerns with setting a precedent in establish a 55-dBA level in a noise ordinance. Earl Hower, lll Plaza Street, addressed Council as a member of the Tree Commission. Mr. Hower discussed screening on the Loudoun Country Day School and Old Waterford Knoll site. As a homeowner, Mr. Hower suggested the expense of street improvements be passed on the developers. Mayor Webb added that she would be recusing from voting on the Loudoun Country Day School special exception. G. Public Hearing Leesburq Baptist Church Nancy Costa outlined this special exception for three modular buildings at Leesburg Baptist Church on Davis Avenue. She stated staff is recommending approval with conditions, which she outlined. Councilmember Schmidt verified that surrounding residents were notified of this special exception request. He also is concerned the 55-dBA-noise level may set a precedent. Councilmember McDonald also expressed concern with setting a precedent with the 55-dBA-noise level. Bill Donnelly stated that each case would be reviewed on a case-by-case basis. Vice-Mayor Umstattd suggested reconsideration of the 3-1/2 foot fence. Keith Lambert, representative of the applicant, stated that the manufacturer of the air-conditioning units does not publish decibel levels on their equipment, but that the distance from residences should mitigate any noise problems. The public hearing opened at 8:25 p.m. There were no petitioners. The public hearing closed at 8:26 p.m. Council Comments: Councilmembers McDonald, Zoldos and Jackson had no comment. Councilmember Atwell commented on the success of the Balch Library rededication. Vice-Mayor Umstattd asked if the Evergreen Mill Road pro rata issue is scheduled for a work session? She disclosed that she has been contacted by two attorneys representing a parcel of land that borders on the Peterson Company property near the airport. They asked if the Town would be interested in annexing their land and the Peterson tract. Town Council Minutes for May 22, 2001 Paqe 4 Also, she disclosed being contacted by Toll Brothers investigating whether the Council and Planning Commission would support a third apartment building proposal in Leesburg. Councilmember $chmidt thanked Town employees for their hard work on the Loudoun Country Day School special exception application. He asked that the trails meeting be well publicized by the Town. I~layor'$ Comments: Mayor Webb announced the annual Memorial Day Celebration in the Courthouse Square on Monday, May 28th. She reported having lunch with a Romanian Study group here to study domestic and child abuse. Mayor Webb thanked Councilmembers Atwell and Jackson for attending the Balch Donors Luncheon on May 19th. She commented Loudoun County has provided the Balch Library a gift of microfiche record of all Board of Supervisor records from 1870 to present. The Mayor thanked Council members for attending the employee picnic. .1. I~lana§er'$ Report: None K. Legislation ORDTNANCE None CONSENT AGENDA On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following consent motion was proposed: 200:1-68 RE$OLUTZON Authorizing a time extension for completion of public improvements and approving a performance guarantee for Potomac Station Section lA. 2001-69 RESOLUTTON Amending positions and number of employees in the Town's service - Reclassifying one Construction [nspector Position to Tnspection Supervisor. 2001-70 RESOLUTZON Revising the Pay and Classification Plan - Reclassifying one Construction Inspector Position to Inspection Supervisor. 2001-71 RESOLUTTON Town Council IVlinutes for May 22, 2001 Page Authorizing the allocation of $31,000 from a contribution from Irwin W. Uran to the Loudoun County Department of Social Services .luvenile Detention Center. 2001-72 RE$OLUT]:ON Resolution of Hawkins Property issue located adjacent to Fox Chapel. RE$OLUTXON Supporting Virginia Byway designation for a section of Edwards Ferry Road. The motion was adopted by the following vote: Aye: Atwell, ~lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umsattd And Mayor Webb Nay: None Vote: 7-0 REGULAR AGENDA Vice-Mayor Umstattd advised the Loudoun Country Day School resolution has been amended (condition #9) to make it clear the applicant can apply for another special exception at the end of five years. Also it was clarified that condition #10 has changed to read "signs". Nancy Costa outlined additional plantings as described in condition #11. On a motion by Councilmember Zoldos, seconded by Councilmember McDonald, the following motion was proposed: 200:~-74 RE$OLUT:I:ON Approving SE-2001-02 - Loudoun Country Day School Councilmember Jackson asked if the applicant has agreed to the conditions of this special exception? Randy Hollister commented that he agrees to the conditions of this special exception with the reservations to condition # 9 and #10. Several council members thanked all parties involved for the work on the issues. Councilmember Schmidt offered a friendly amendment to condition #7 to change the decibel to 50-dBA during the day and 45-dBA at night. There was no second to this motion. The motion failed. The motion was adopted by the following vote: Aye: Atwell, ~lackson, McDonald, Schmidt, Zoldos and Vice-Mayor Umstattd. Nay: None Vote: 6-0-1(Webb Abstaining) Town Council Minutes for May 22, 2001 Page 6 On a motion by Councilmember Jackson, seconded by Councilmember Schmidt, the following motion was proposed: 2001-75 RESOLUTTON Tnitiating amendments to the zoning ordinance to require a Planning Commission public hearing for special exception applications. 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 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-76 RESOLUT1'ON Alternative Transportation and Land use Activities Transportation Coordinating Council of Northern Virginia. Strategies Study from the 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 L. Boards and Commissions Councilmember McDonald stated he had interviewed 5 candidates for the vacancy on the Planning Commission and .lames Clem was his nominee. On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd, the following motion was proposed: RESOLUTTON Making an appointment to the Leesburg Planning Commission The motion failed on the following vote: Aye: McDonald, Zoldos and Vice-Mayor Umstattd Nay: Atwell, Jackson, Schmidt, and Mayor Webb Vote: 3-4 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-77 RESOLUTION Making an appointment to the Airport Commission - David Burton 2001-7B RESOLUTION Making an appointment to the Balch Library Commission - James Hershman Town Council Minutes for May 22, 2001 Page ? 2001-79 RESOLUTION Making an appointment to the Board of Architectural Review - Peter Comanduras 2001-80 RESOLUTION Making an appointment to the Cable Commission - John W. Fiske 2001-81 RESOLUTION Making an appointment to the Economic Development Commission - Thomas $. Dunn 2001-82 RESOLUTION Making an appointment to the Environmental Advisory Commission - George Panos 2001-83 RESOLUTION Making an appointment to the Parks and Recreation Advisory Commission - James Timbers 2001-84 RESOLUTION Making an appointment to the Tree Commission - Kathleen Burke-Prichard 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 On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-85 RESOLUT]:ON Making appointments to the Leesburg Standing Residential Traffic 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 New Business Councilmember $chmidt made a motion to appoint Mayor Webb as the representative on the Western Transportation Corridor Advisory Commission, with Councilmember Atwell as an alternate. Vice-Mayor Umstattd seconded the motion. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Town Council Minutes for May 22, 2001 Paqe $ Nay: None Vote: 7-0 The Town Council adjourned at 8:55 p.m. on the following motion by Vice- Mayor Umstattd, seconded by Councilmember Jackson, to convene in a closed session. Pursuant to Section 2.1-344(A)(1) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for discussion of personnel matters. 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 Following the closed meeting the following motion was made by Vice-Mayor Umstattd, 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 was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, Vice-lVlayor Umstattd and Mayor Webb Nay: None Vote: 7-0 Town of Leesburg A-I-I-EST: of Council