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