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Home My Public Portal About2001_10_23COUNCIL MEETTNG October 23, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David $chmidt, 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 Finance Paul York, Acting Director of Planning, Zoning and Development Lee Phillips, Director of Utilities Randy Shoemaker, Chief of Police Joe Price, Chief of Comprehensive Planning Randy Hodgson, Zoning Administrator Brian Boucher, Budget Officer Mike Freda, Assistant to the Town Manager Nicole Ard, Planner Nancy Costa, Management Intern Larry DiRe, Tourism Coordinator Marantha Edwards, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Zoldos. B. Salute to the Flag was led by Councilmember Atwell. C. Roll Call showing all present. D. Minutes On a motion by Councilmember Schmidt, seconded by Councilmember .lackson, the minutes of the October 10, 2001 and October :11, 2001 meeting were approved with Councilmember Atwell abstaining on the October 11th minutes. Presentations: a. VML Award for 2000 by 2000; Plant a Tree for Leesburg Mayor Webb recognized an award given to the Leesburg Tree Commission by the Virginia Municipal League for accomplishing the planting of 2000 trees by 2000 in the Town of Leesburg. b. Business Appreciation Awards Mayor Webb recognized the winners of Business Appreciation Awards as presented by the Town Council and the Economic Development Commission. The winners were as follows: New Business Award - Geo Concepts Engineering with Honorable Mention to West Loudoun Street Caf&, Heritage Award - Leesburg Restaurant with Honorable Mention to PR Construction, and Corporate Citizen - The Georqe C. Marshall Award -Bruce T. Roberts, Leesburg Pharmacy with Honorable Mention to Stanley Caulkins, Caulkins ]ewlers. F. Petitioners Dr. David Goodfriend, Director of the Loudoun County Health Department addressed Council discussing the Health Department's role in bioterrorism. He assured the citizens of Leesburg they are communicating with local media, county employees and law enforcement, as well as elected and appointed officials. They are coordinating information with adjoining health departments and state and federal Town Council Minutes for October 23, 2001 Page 2 public health agencies. They will provide testing and treatment in the event of any positive finding in the county. Dr. Goodfriend further asked citizens to be diligent and report any suspicious incidents to the appropriate officials. David Kennedy, Planning Commission Member, thanked Council for their support and prayers during his recent heart by-pass surgery. Public Hearing a. Rezoninq Application ZH-2000-05 and Town Plan Amendment TP- 2000-02f Potomac Crossinq PRC Randy Hodgson gave an overview of this application. He outlined the revisions to this application, which were submitted on August 24, 200:~. Mr. Hodgson stated that staff is recommending approval of the rezoning and town plan amendment. Doug Fleming, attorney for the applicant, addressed Council. Mr. Fleming outlined the different aspects of the Arcadia application for the Potomac Crossing development. He discussed the applicant's belief that there is a need for upscale apartments in Leesburg. Mayor Webb asked Mr. Fleming if this is an all or nothing application? Fleming stated that if Council proposes a specific scenario it would be considered. He added that the apartments are significantly important to Arcadia Corporation. Mr. The public hearing opened at 8:17 p.m. Don Mattmuller, 1206 Featherstone Lane, addressed Council in opposition to apartments in Potomac Crossing, Robert Andrews, 1406 Garrison Court, addressed Council in opposition to this rezoning and Town Plan amendment. Ross Gottlieb, 1208 Cannon Court, addressed Council in opposition to this rezoning and Town Plan amendment. Linda Christensen, 1212 Cannon Court, addressed Council in opposition to this rezoning and Town Plan amendment. .lim DeRado, 918 Smartts Lane, addressed Council in opposition to this application. Dale DeRado, 918 Smartts Lane, addressed Council in opposition to this application. Robin Boyer, 922 Smartts Lane, addressed Council asking for approval of this application. Town Council Minutes for October 23, 2001 Page 3 Pam Grizzle, 1209 Barksdale Drive, addressed Council asking for support of this application. She also expressed support on behalf of the American Red Cross for the site that Arcadia will be donating to them. Rene Dennis, 42760 Edwards Ferry Road, addressed Council asking for support of this application and applauded the conservation efforts by the applicant. Lisa Speet, 10 Royal Street, addressed Council in support of this application. Jay Greeley, 1209 James Rifle Court, addressed Council in support of this application. Evelyn Gavert, 110 Stone Court, addressed Council in opposition to this application. Tom Dunn, 112 Stone Court, addressed Council in opposition to this application. Brad Pearson, 1209 Cannon Court, addressed Council in opposition to this application. Steve Clapp, 1210 Cannon Court, addressed Council in opposition to this application. George Carrera, 802 Balls Bluff Road, addressed Council in opposition to this application. Virqinia Murray, 826 Balls Bluff Road, addressed Council in opposition to this application. Jon Richardson, 1207 Barksdale Drive, addressed Council in support of this application. Alicia Wilson, 709 Duff Court, addressed Council in opposition to this application. The public hearing closed at 9:25 p.m. Mayor Webb read a letter from the Clerk of Council summarizing numerous letters, e-mails and phone messages regarding this application - 26 comments in opposition and two in support were received for a total of 28. Councilmember Zoldos made a motion, seconded by Councilmember McDonald, to suspend the rules and vote on this application at the end of tonight's legislative agenda. The motion was adopted by following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos, and Mayor Webb. Nay: None Vote: 7-0 Town Council Minutes for October 23, 2001 Paqe 4 H. Council Comments: Councilmember Schmidt thanked the Armed Services for their service to the Country in this difficult time. Vice-Mayor Umstattd thanked speakers for participating in tonight's public hearing. She thanked the residents of the Town of Leesburg for displaying courage and bravery during this difficult time. Vice-Mayor Umstattd expressed condolences to the family of Susan Farmer. Councilmember Jackson thanked citizens for participating in tonight's public hearing. He added there is a vacancy on the Standing Residential Traffic Committee. Councilmember Atwell offered condolences to the family of Susan Farmer. congratulated the Economic Development Commission for their successful awards program and further congratulated the winners. He Councilmember Zoldos offered condolences to the family of Susan Farmer. He thanked the citizens of Leesburg for their participation in tonight's public hearing. Councilmember Zoldos reported that he attended the Virginia Municipal League Conference and congratulated the Tree Commission for their 2000 by 2000 Award from the Virginia Municipal League. He also thanked the Economic Development Commission for a job well done with the business awards. Councilmember McDonald conveyed his prayers and thoughts to the family of Susan Farmer. He congratulated the speakers for their participation in tonight's public hearing. Councilmember McDonald spoke about the aftermath of September 11th and asked for citizens to keep the brave military personnel serving their country in their thoughts. Mayor Webb extended condolences to the family of Susan Farmer and recognized the efforts of Ms. Farmer during her service to the Town of Leesburg. She thanked Dr. Goodfriend for the information provided to Council and citizens tonight. The Mayor stated she is proud of the community and asked that they be safe and intelligent. She reminded citizens of the Halloween Parade on October 3:~, 2001. Town Council Minutes for October 23, 2001 Page Manager's Report None K. Legislation On a motion by Councilmember Schmidt, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-170 RESOLUTTON Denying Special Exception #SE 2001-04 Mrs. Fakhra Khalid, 108 Pheasant Place, Rise and Shine Day Care to permit a home based child care center. The motion to deny was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 Councilmember Zoldos directed staff to develop procedures with respect to a cease and desist order with reference to zoning ordinance violations. CONSENT AGENDA On a motion by Councilmember Jackson, seconded Vice-Mayor Umstattd, the following consent motion was proposed: RESOLUTTON 2001-171 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Hampton Tnn & Suites. RESOLUTTON 2001-172 Authorizing agreements and approving guarantees and water and sewer extension permits for Potomac Crossing, Section 8, and Potomac Crossing, Battlefield Parkway frontage improvements for Section 8. RESOLUTZON 2001-173 Making a reduction of the performance guarantee for public improvements installed in Northlake, Section 8. RE$OLUTZON 2001-174 Authorizing time extensions for completion of public improvements and approving a performance guarantee for Northlake, Sections 2 and 5. RESOLUTTON 2001-175 Amending the FY 2002 Engineering and Public Works Department Staffing Plan for the Engineering & :Inspections Division Town Council Minutes for October 23, 2001 Page 6 The consent agenda 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 On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the following motion was proposed: RESOLUT]:ON 2001-176 Amending the Water Pollution Control Facility Biosolids Management Plan. 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 On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd, the following motion was proposed: RE$OLUTZON 2001-177 Authorizing the lease financing of certain vehicles and other equipment. 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 On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following motion was proposed: RESOLUTZON 2001-178 Adopting a 2002 Legislative Program 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 On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following motion was proposed: RESOLUTZON 2001-179 Participating in the Loudoun County Stream Monitoring Program. Town Council Minutes for October 23, 2001 Page ? 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 Potomac Crossing - ZM-2000-05 and TP-2000-02 Vice-Mayor Umstattd made a motion, seconded by Councilmember Jackson, for denial of the Potomac Crossing Rezoning ZM-2000-05 and Town Plan Amendment TP-2000-02 Town Attorney Bill Donnelly advised Council there should be a separate vote on the rezoning and Town Plan amendment. Vice-Mayor Umstattd amended her motion, seconded by Councilmember Jackson, to deny Town Plan Amendment #TP-2000-02. The motion to deny was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: Schmidt Vote: 6-1 Vice-Mayor Umstattd made a motion, seconded by Councilmember Jackson, to deny ZM-2000-05. The motion to deny was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: Schmidt Vote: 6-1 Town Attorney Bill Donnelly verified the first vote was to deny the Town Plan amendment and the second to deny the rezoning application. The meeting adjourned at 10:05 p.m. B. 3. Webb, Mayor Town of Leesburg A'I-I'EST: ..~lerk of Co[~ncil