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HomeMy Public PortalAbout2001_07_24COUNCIL MEETING July 24, 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. Councilmembers Absent: None. Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Chief of Police Joe Price, Director of Finance Paul York, Chief Current Planning Lee Phillips, Zoning Administrator Brian Boucher, Tourism Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard, Traffic Engineer Calvin Grow, Capitol Projects Administrator Nagi Elsewaissi, Engineer Mac Willingham, Clerk of Council ]udy Ahalt and Assistant to the Clerk Deborah Parry A~FNnATTFM~ B. C. D. Invocation by Councilmember Zoldos. Salute to the Flag by Mayor Webb. Roll Call showing all present. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the minutes of the June 12, 2001 regular session and June 25, 2001 work session meeting were approved by the following vote: Aye: Nay: Vote: Atwell, .lackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb None 7-0-0 E. Presentations: a. Proclamation - Leesburg National Night Out On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following Proclamation was read. PROCLAMATION LEESBURG NATIONAL NIGHT OUT AUGUST 7, 2001 WHEREAS, a unique crime/drug prevention event sponsored by the National Association of Town Watch (NATW has been scheduled for August 7, 2001; and WHEREAS, last year's National Night Out campaign involved citizens, law enforcement agencies, civic groups, businesses, neighborhood Town Council Minutes for .luly 24, 2001 Page 2 organizations and local officials from 9500 communities from all 50 states; and WHEREAS, National Night out is designed to heighten crime and drug prevention; generate support for, and participation in local anti-crime programs; strengthen neighborhood spirit and police community partnerships; send a message to criminals letting them know that neighborhoods are organized and fighting back and; WHEREAS, National Night Out has proven to be effective, inexpensive, and enjoyable program to promote neighborhood spirit and police-community partnerships in our fight for a safer community. THEREFORE, The Mayor and Council of the Town of Leesburg, hereby proclaim August 7th, 2001, as National Night Out, and call upon the people of Leesburg, including all patriotic, civic and educational organizations, to observe and participate in the National Night Out celebration on Tuesday, August 7, 2001 at 7:00 P.M. at the Public Safety Center, 65 Plaza Street, Leesburg, Virginia. PASSED, this 24.th day of .luly 2001. F. Petitioners: Hubbard C. Turner, .]r., 1107 Bradfield Drive, presented a letter to the Town Council with reference to a April 2nd letter written to him by Mayor Webb. He asked that it be made part of the official record. Dan McAuliffe, 8 Fairview Drive, addressed Council asking for the Fairview St. improvements to include a bike trail and sidewalk as outlined in the C:[P. He expressed concern for the safety of pedestrians on this street. Victoria Fanning, 302 Riding Trail Court, addressed Council to express support for a 4ft. sidewalk and 8ft. trail addition to the Fairview St. improvements. She expressed concern about the "hump" on Fairview and explained that she would lose 10 trees in the process, but that safety should be the number one concern. Mac Willinqham, 316 Ayrlee Avenue, addressed Council to ask that Fairview St. be widened to 38 ft. because he fears a "bottleneck" if the road is only increased to 32 ft. He also talked about condemnation as an option to proceed faster. Rick Knight, 202 Fairview Street, addressed Council and read a letter into the record on behalf of other citizens asking for a swift solution and for the Fairview Street project to proceed. He offered an option for a 32 ft. street. Perry Ballard, 640 Nathan Place, informed Council of the World Boxing Federation American-Style title match at 8:00 p.m. on August 3rd at the armory. He invited the public to attend. Howard Armfield, AH&T, presented a letter from AH&T, Leesburg Today and the National Church Group asking for a hold on parking garage fee increases until a further study of current uses and abuses can be done. Town Council IVlinutes for July 24, 2001 Page 3 Kathy Lentz, Riding Trail Court, asked Council to endorse the sidewalk and trail additions on the Fairview Street project for the safety of the bikers and pedestrians. Victoria Wheeler, 37 Phillips Drive, addressed Council saying that the addition of a trail to Fairview Street will kill the trees and pit neighbor against neighbor. Cathy Keenan, 21 Pershing Avenue, expressed doubts that Council is listening to the people that have elected them. She stated that the narrow solution is not acceptable and asked Council to work for the good of all Leesburg residents and reroute the bike trail. Nike Wiley, 20 Fairview Street, asked Council to make road improvements on Fairview Street and eliminate the bike trail. He cited a document that was signed by 190 residents asking that the trail be relocated. Curt Seiber, 2 Phillips Drive, addressed Council on behalf of his mother-in law who resides at 702 Normandy Drive. He asked Council to proceed with Fairview Street road improvements without the bike trail. Leland Mahan, addressed Council, on behalf of American Legion Post 34, concerning the naming of the Route 621 Park. The members of Post 34 asked Council to consider naming the park after Col. Charles Grenata in honor of his contributions to the Country, Town, and Post. Nestor Sanchez., addressed Council stating it is only proper to name the Route 62:~ park after Col. Charles Grenata since he owned and lived on the property and was a distinguished citizen of the United States. Anthony Stasio, 822 Catoctin Circle, spoke to Council about the contributions of Col. Charles Grenata and to the American Legion. He asked Council to consider what Col. Grenata exemplifies and name the Rout 62! park after him. Steve Wolfson, 6:~4 Beauregard Drive, addressed Council on behalf of the Beauregard Estates Homeowners Association concerning the Lawson Road thru truck restriction. Mr. Wolfson asked Council restrict the trucks on Lawson Road because of the road maintenance needs. Dan Harvey, 35 Philips Drive, asked Council to remove the hill on Fairview St. and to widen the street to 32 ft., to include a sidewalk, and to eliminate the trail. Tn addition, he expressed concern about the delay in construction and asked Council to proceed as quickly as possible. Peggy Coleman, Greenway Farms, asked Council to proceed with the Chancellor Street Trail for the safety of the residents. Greg Wigfield, addressed Council on behalf of the National Church Group asking that the vote on parking fees be reconsidered. He asked for an investigation into the abuses of the 2-hour privilege. In addition, he asked Council to consider the elimination of the jury parking. Town Council Minutes for July 24, 2001 Page 4 Dean Ashby, Old Waterford Knolls, addressed Council and cited a petition which was signed the night of the community hearing by 100 residents asking that Fairview Street be widened and a bike trail be added. Hike Cooley, 317 Nickels Drive, addressed Council concerning the Chancellor Street trail issue. He asked that Council move forward and stated that he would rally around the issue during the next election campaign if the trail were not added. Melinda Kramer, Old Waterford Knolls, addressed Council concerning the number of residents who support the bike trail, sidewalk, and road improvements on Fairview Street. Samuel Dawson, 3:12 Locus Drive, asked Council to proceed with the widening of Fairview Street and to include the bike trail and sidewalk. The petitioner's section closed at 9:00 PUBLZC HEARTNG a. Thru Truck Restriction on Lawson Road Calvin Grow outlined the proposed thru truck restriction for Lawson Rd. He said it has been determined that 17 trucks used this roadway as a cut- through on a daily basis. He added The Virginia Trucking Association has been contacted with this proposal. Mayor Webb verified that this restriction would also apply to VDOT trucks, city trucks and federal trucks. Councilmember Schmidt clarified that the restrictions only deal with trucks. The public hearing opened at 9:05 p.m. Craig Lane, 613 Cobbler Terrace, informed Council that he has no objection with the restrictions provided that all city, state, and federal trucks will also be required to comply. Bob Harrison, 202 Lawson Road, addressed Council expressing his support for the thru truck restriction. The public hearing closed at 9:08 p.m. a. ZOAl~l-01-03-Special Exceptions - Planninq Commission Public Hearinq Requirement. Brian Boucher explained this zoning ordinance amendment would require the Planning Commission to hold a public hearing as a routine part of its review of all special exception applications. The Planning Commission's public hearing would have to meet all Virginia State requirements. The public hearing opened at 9::10 p.m. There were not public comments Town Council IVlinutes for .luly 24, 2001 Page 5 The public hearing closed at 9:11 p.m. Council Comments: Councilmembers Zoldos, Atwell and Jackson had no comment. Vice-Mayor Umstattd advised Council she would be voting against going into a closed session at the end of the meeting. Councilmember Schmidt thanked the representatives from the American Legion for coming to discuss the naming of the Route 621 park and asked that the matter be put on a future work session agenda. Also, he reminded citizens of the reenactment of the Battle of Manassas, which will take place the first weekend of August. I. Mayor's Comments Mayor Webb informed the public that August 14th would be the only Council meeting in August; Council will be on recess until September 10th' Tn addition she informed Council that Arcadia would bring the Potomac Crossing application back to Council on September 10th. Managers Report: Bob Noe reminded Council that the Parks and Recreation Department is holding an open meeting on August 2nd at 7:00 p.m. at Rust Library to present master plan alternatives to the Balls Bluff Park. Vice-Mayor Umstattd verified with that the new security policy would go into effect at town hall on August 25th, K. Legislation: ORDINANCE J on a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2001-O-11 ORDINANCE Amending Chapter 15, Article T, Section 15-12 and Chapter 19, Article TT, Section 19- 21 of the Town Code regarding Water and sewer connection fees. The motion was approved by the following vote: Aye: Atwell, Jackson, Schmidt, Vice-Mayor Umstattd, and Mayor Webb. Nay: None Vote: 5-0-1 (McDonald absent for vote) On a motion by Councilmember Schmidt, seconded by Vice-Mayor Umstattd the following ordinance was proposed: Town Council Minutes for July 24, 2001 Page 6 2001-O-12 ORDINANCE Amending Chapter 17, Article I, Sections 17.1.1, 17-1.2, 17-1.3, 17-1.4, 17- 1.5, 17-1.7, 17-3.5 and Chapter 19, Article III, Section 19-47.1 of the Town Code of the Town of Leesburg. Exemptions from real and personal property taxes for the elderly and handicapped. Councilmember Schmidt clarified that this was an initiative proposed by the entire council. Vice-Mayor Umstattd stated that the impact of this would be to raise the income limit to $62,000 and the financial worth amount to $240,000. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb, Nay: None Vote: 7-0 On a motion by Councilmember Schmidt, seconded by Councilmember ~lackson the following ordinance was proposed: 2001-O-13 ORDINANCE Amending Section 10-46 of the Town Code relating to the penalty for failure to display a decal and adding a Section 10-47 relating to cross-jurisdictional enforcement of decal requirements. The motion was approved by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb. Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Councilmember Jackson, seconded by Councilmember Zoldos, the following consent motion was proposed: 2001-128 RESOLUTION Approving the Town/State agreement and authorizing the Town Manager to execute an Agreement for the Catoctin Circle Widening Project, The consent motion was adopted by the following vote: Aye: .lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay.' None Vote: 7-0 REGULAR AGENDA Town Council Minutes for July 24, 2001 Page ? On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following motion was proposed: 200:~-:L29 RESOLUTION Rescinding Resolution N. 2000-244 approving engineering services for the Chancellor Street extension. Councilmember Zoldos asked Council to support an emergency access road. Stating crime is not an issue and that an emergency access trail is needed. Vice-Mayor Umstattd read a letter from the Leesburg Volunteer Fire Department stating the Chancellor Street section of Leesburg is already well served. She also suggested that Council re-examine how they view trails in existing neighborhoods. Councilmember Schmidt stated this trail is a safer option than the Route trail. Councilmember McDonald commented that he had originally voted against this resolution, but concedes that an emergency access may have to be addressed. He suggested that Council look into another option that will offer most access to the most amenities. Therefore he will be supporting this resolution. Councilmember Zoldos explained to Council that any fireman's course would say that two means of ingress and egress are needed into each community. He stated the design and engineering study would provide the facts and figures to determine if we should move forward on this project. He requested a roll call on this motion. The motion was approved by the following vote: Aye: Atwell, Jackson, IVlcDonald, Umstattd, Nay: Schmidt, Zoldos, Mayor Webb. Vote: 4- 3 On a motion by Councilmember .lackson, seconded by Vice-Mayor Umstattd the following motion was proposed. 200:L-::L30 RESOLUTION Award of the construction in the amount of $4,385,700.00 for the Catoctin Circle widening project to Rustler Construction contingent upon full execution of the Town/State Agreement. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb. Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd, the following motion was proposed: Town Council Minutes for July 24, 2001 Paqe 8 2001-131 RESOLTUZON Naming the Tda Lee Park Lacrosse Field in honor of .ludge Thomas D. Horne Mayor Webb emphasized that Judge Home is responsible for bringing lacrosse to Loudoun as well as Leesburg. 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 Councilmember .lackson, the following motion was proposed: 2001-132 RESOLUTTON Naming the [da Lee Park Soccer Field in honor ofTerrance M. Young The motion was adopted by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 7-0 L. Boards and Commissions On a motion by Councilmember McDonald, seconded by Vice-Mayor Umstattd, the following motions were proposed: 200:1-133 RESOLUTTON Making an appointment to the Economic Development Commission - Lynda Kemp. 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 2001-134 RESOLUTZON Making an appointment to the Economic Development Commission - Paul Bice. The motion was adopted by the following vote: Aye: Atwell, 3ackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb. Nay: None Vote: 7-0 M. New Business: Town Council IVlinutes for .luly 24, 2001 Page 9 Vice-Mayor Umstattd made a motion, seconded by Councilmember McDonald to direct staff to make a change in the design for the Fairview Street improvements from a 38 ft roadway to a 32 ft roadway with a 4ft. concrete sidewalk on the west side and no sidewalk on the east side. The motion failed by the following vote: Aye: Atwell, IVlcDonald and Vice-Mayor Umstattd Nay: .lackson, Schmidt, Zoldos, and Mayor Webb Vote: 3-4 Councilmember Zoldos made a motion, seconded by Councilmember Schmidt to proceed with a design for the Fairview Street improvements with a 32 ft roadway, 8 ft trail and 4 ft sidewalk, and with the addition of Section I! authorizing $36,000 to underground the utility lines. 2001-135 RESOLUTZON Councilmember McDonald stated that he couldn't support this motion. He would not like to set a precedent by under grounding the utilities. Mayor Webb stated this is a question of health, welfare, and safety. The motion was passed by the following vote: Aye: Atwell, .lackson, Schmidt, Zoldos and Mayor Webb Nay: McDonald and Vice-Mayor Umstattd Vote: 5-2 Councilmember McDonald proposed a motion, seconded by Vice-Mayor Umstattd for Council to reconsider the part of the parking fees legislation concerning the monthly discount rate. Councilmember Schmidt clarified that majority of the monthly fees increased from $40 - $50 per month. The discounted rate was for purchase of 8 spaces or more. Councilmember Atwell stated that he supported Councilmember Schmidt's original motion to end the discount, however he had no idea that a letter had already gone out to the people who occupied the parking spaces that it would be raised to a smaller amount. Therefore, he will support the motion to rescind. Councilmember Zoldos asked staff to return an audit of how many spaces are actually being used. Further he suggested cleaning the Liberty Street lot to allow for parking by employees. Mayor Webb commented that she was disturbed by the letters that were sent out and stated a need to communicate more effectively. She also encouraged enforcement of the abuse of garage parking and cleaning up the Liberty Street lot for parking use. Vice-Mayor Umstattd verified that if we choose to reconsider, the prices will return to what they were. Town Council Minutes for July 24, 2001 Page 10 Councilmember Schmidt stated that there are a lot of businesses in town that don't have 8 employees, why should their employees pay more than the ones who have more than 8? The motion to reconsider was approved by the following vote: Aye: Atwell, Jackson, McDonald, Umstattd, Zoldos and Mayor Webb, Nay: Schmidt Vote: 6-1 Mayor Webb directed staff to provide an audit of the parking garage, to address the issues on Liberty Street, and to address the issues of enforcement not only in the parking garage, but also on the parking meters in the downtown. Councilmember Jackson asked staff to look into the matter of cars parked in the garage 24 hours a day. a. Closed Session to discuss leqal maters and annexation and consolidation. The Town Council adjourned at 10:00 p,m, on the following motion by Mayor Webb, seconded by Councilmember Jackson to convene in a closed session, Pursuant to Sections 2.1-344(A)(7) and 15.2-2907(D), of the Code of Virginia, T move that the Leesburg Town Council convene in a closed meeting for discussion of legal and annexation matters. The motion was approved by the following vote Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 6-1 Mary Jane Keathley, Loudoun-Times Mirror, questioned the reason for going into the closed session, She quoted the Virginia Freedom of Information Act and stated that the reasons must have (1) identification of the subject matter, (2) state the purpose, (3) make specific reference to the applicable exemptions from open meetings, Town Attorney, Bill Donnelly stated the motion does identify the issue and cites the two code sections by which this meeting will be closed. Following the closed meeting the following motion was made by Mayor Webb, 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 maters 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-Mayor Umstattd and Mayor Webb Town Council Minutes for .luly 24, 2001 Page 1! Nay: None Vote: 7-0 The meeting adjourned at 10:00 p.m. A-I-I-EST: B..l. ((Nebb Mayor lerk of Council