The URL can be used to link to this page

Home My Public Portal About2002_07_09COUNCIL MEETING July 9, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Mervin Jackson, Melinda Kramer, Marry Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Frank Buttery 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 Parks and Recreation Kaj Dentler, Chief of Police Joe Price, Director of Finance Paul York, Budget Officer Mike Freda, Planner Nancy Kitchens, and Clerk of Council Judy Ahalt. AGENDA [TENS A. Invocation by Councilmember Zoldos. B. Salute to the Flag was led by Councilmember Martinez. C. Roll call showing Councilmember Buttery absent. D. Minutes: On a motion by Councilmember Zoldos, seconded by Councilmember $chmidt, the minutes of the June 24, 2002 meeting were approved by a vote of 6-0- I (Buttery absent). On a motion by Councilmember Schmidt, seconded by Vice-Mayor Jackson, the minutes of the June 25, 2002 meeting were approved with minor edits by a vote of 6-0-1 (Buttery absent). Presentation: a. Parks & Recreation Month On a motion by Vice-Mayor Jackson, seconded by Councilmember Zoldos, the following proclamation was presented to Kaj Dentler, Director of Parks and Recreation. PROCLAMATION .1ULY 9, 2002 MONTH OF SUL Y AS PARKS AND RECREATION MONTH WHEREAS, parks, recreation and open space provide quality of life for our community; and WHEREAS, parks and recreation opportunities create connections between people, promote harmony and sense of belonging; and WHEREAS, recreation activities provide outlets for stress, options for physical activity, fun and preventative health insurance for all; and Town Council minutes for July 9, 2002 Page 2 WHEREAS, parks, playgrounds, trails and recreation centers make a community an attractive and desirable place to live, work, play and visit; and WHEREAS, parks, greenways, trails, and open space protect and preserve our natural environment and heritage for the future; and WHEREAS, parks and recreation activities touch the lives of individuals, families and entire communities; and WHEREAS, parks and recreation activities provide a positive impact upon the social, economic, health, and environmental aspects of our community. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of July 2002 as Parks and Recreation Month. Citizens are encouraged to celebrate by participating in their choice of quality of life experiences, as well as maintaining healthy activities throughout the year. PASSED this 9th day of July 2002. F. Petitioners: Bruce Dewar,, 5 Memorial Drive, addressed Council. Mr. Dewar introduced the Shade Tree Stewards of The Historic District Residents Association. This group's vision is to increase the shade tree canopy within the Historic District. Mayor Umstattd asked that the Tree Commission meet with the Shade Tree Stewards. Michelle Henning, 413 Meade Drive, addressed Council urging the implementation of traffic calming measures on Meade Drive. Mayor Umstattd asked that the Residential Traffic Committee look into calming measures for the Meade Drive area. Kelly Gower addressed Council with reference to public transportation. She requested the Town fund transit service from 5:00 p.m. to 9:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. on Saturdays. Cr,aig Lane, 613 Cobbler Terrace, SE, addressed Council asking for an increase in the speed limit on Kincaid Boulevard to 35 mph. Mayor Umstattd asked that the Residential Traffic Committee look at this issue. Vice-Mayor Jackson commented the Traffic Committee has discussed this issue and a report will be forthcoming at the next Council meeting. Lisa Speet welcomed the incoming Council members. She further asked that Council consider the naming of one of the Freedom Park baseball fields in honor of Steve Reavis. Laura Phipard addressed Council asking for consideration of naming a baseball field in honor of Steve Reavis. Town Council minutes for July 9, 2002 Page The petitioner's section closed at 8:00 p.m. Public Hearing a. SE-2001-07 - Tires Plus - Leesburg Shopping Center The public hearing opened at 8:01 p.m. Nancy Kitchens outlined this special exception application for an auto service facility at the Leesburg Park Shopping Center. Ms. Kitchens clarified issues that had been raised at the work session as follows: (1) level of service will be raised from "E' to "C', (2) condition #13 will be enforced by the Zoning and Police Departments, (3) relocation of the entrance to the northeast corner of the site is in conflict with the DCSM. She stated the Planning Commission recommends conditional approval of this application. Councilmembers Zoldos, Kramer and Vice-Mayor Jackson questioned the enforcement of Condition #13. Ms. Kitchens verified for Councilmember Martinez that the addition of a turn lane would change the level of service. Bill Keefe and Rick Beckish, representatives for the applicant, discussed the improvements they are making to site. Councilmember Zoldos expressed concerns with tractor-trailers being brought into the site. Mike Glickman, with Patton, Harris, Rust & Associates, provided a simulation of traffic at the site. This simulation reflected the improvements proposed for the site. Councilmember Schmidt clarified that 21/2% of all the daily trips at the site would come from the Tires Plus site. Councilmember Martinez asked if there were any accommodations made for overnight or overflow parking? Robert Boscoe spoke in opposition of this application. Mike Phillips addressed Council in opposition to this application citing traffic concerns. Beckham Dickerson spoke in opposition of this application citing a lack of improvement in the level of service. Dick Keller, representing the Tire Shop, spoke in opposition to this application. He cited confusing data on the level of service and difficulties exiting the site. Town Council minutes for July 9, 2002 Page 4 Bob Sevila, representing the Tire Shop, spoke in opposition to this application. He cited the reluctant approval from Planning Commission and a poor use for the site. Anand Barnes addressed Council in opposition to this application. He stated Applebee's failed in this shopping center because of traffic issues. Lisa Speet spoke in opposition to this application. Bill Keefe stated this use generates little traffic and provides vast road improvements for the health, safety and welfare. The public hearing closed at 9:36 p.m. Mayor Umstattd added that public comment would be accepted for :LO days. H, Council Comments Councilmember Schmidt expressed sympathy to the Scambos family in their loss of James Scambos in the plane crash in Leesburg on July 6TM. Further, he asked for an update on the southeast traffic issues at the next Council work session. Councilmember Martinez had no comment. Councilmember Zoldos remembered the Scambos family during this difficult time. He congratulated the Parks and Recreation department on a successful 4th of July celebration. Further, he will be discussing Shellhorn at the end of this meeting. Vice-Mayor Jackson commented on Randy Shoemaker being in the hospital. Councilmember Kramer had no comment. Mayor's Comments Mayor Umstattd expressed sympathy for the James Scambos family. She asked that Mr. Scambos be recognized at the next Council meeting. Further, she asked that the residents of Tudor Court, law enforcement, and fire and rescue be recognized for their efforts at the plane crash site. Further, the Mayor asked that Leesburg Today, The Tire Shop, and Toth Financial be recognized for their contribution to the 4th of July festivities. .1. Manager's Report Bob Noe commented that he will ask for a discussion of school sites under new business. Town Council minutes for .luly 9, 2002 Page Legislation: CONSENT AGENDA On a motion by Vice-Mayor Jackson, seconded by Councilmember Martinez, the following consent motion was proposed: 2002-128 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Edwards Landing, Section 3. 2002-129 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for the AIIman water and sanitary sewer extension. 2002-130 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station, Section 10, public improvements. 2002-131 RESOLUTION Authorizing time extensions for completion of the public improvements and approving substitute performance guarantees for completion of the public improvements and approving substitute performance guarantees for completion of the public improvements in Potomac Station, Section 2AB, 2AB-l, 2CD, 2GH, 2EF, 3AB, 4, water and sewer extension, 6A, Potomac Station Drive (Phase 1) and the Potomac Station Community Center. The consent motion was adopted by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos, and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery absent) REGULAR AGENDA On a motion by Councilmember Schmidt, seconded by Councilmember Martinez, the following motion was proposed: 2002-132 RESOLUTZON Naming the Athletic fields, the park pavilion and the entrance road at Freedom Park. The athletic fields at Freedom Park were named in honor of Robert Huber, Steve Reavis, Lou Casciano, Ed and Betsy Mayr and Clyde Sexton. The park pavilion was named in honor of Henry Stowers and the entrance road to Freedom Park was named in honor of Colonel Michael Grenata. Town Council minutes for July 9, 2002 Page 6 The motion was adopted by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-! (Buttery absent) On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos the following motion was proposed: 2002-Z33 RESOLUTTON Reaffirming the Pledge of Allegiance The motion was adopted by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos, and Mayor Umstattd Nay: None Vote: 6-0-! (Buttery absent) On a motion by Councilmember Schmidt, seconded by Councilmember Kramer, the following motion was proposed: 2002-:L34 RE$OLUTZON Scheduling non-regular meetings of Town Council. The motion was adopted by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos, and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery absent) L, BOARDS AND COHI~tT$$:[ON$ On a motion by Councilmember Martinez, seconded by Vice-Mayor Jackson, the following motion was proposed: 2002-135 RESOLUTZON Making an appointment to the Cable Commission (James Slagle), The motion was adopted by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos, and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery absent) M. New Business On a motion by Councilmember Schmidt, seconded by Councilmember Zoldos, the following motion was proposed: Town Council minutes for July 9, 2002 Page ? 2002-136 RESOLUTI'ON Modifying the decision of the Board of Architectural Review concerning the revised comprehensive sign plan for Battlefield Shopping Center The motion was adopted by the following vote: Aye: Schmidt, Zoldos and Mayor Umstattd Nay: Kramer and Martinez Vote: 3-2-1-! (Jackson abstaining and Buttery absent) On a motion by Councilmember Kramer, seconded by Vice-Mayor Jackson, the following motion was proposed: 2002-137 RESOLUT]:ON Authorizing acceptance of a cash payment in lieu of a performance bond for construction of improvements to a portion of Battlefield Parkway. The motion was adopted by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Buttery absent) Boundary Line Adjustment Councilmember Zoldos made a motion, seconded by Councilmember Schmidt, to reaffirm the previous Council's commitment and direct the Town Manager and Town Attorney to not sign the BLA petition to Loudoun County unless the two conditions (constrictive covenant and meeting the AADP requirement) are satisfied, The motion failed by the following vote: Aye: $chmidt and Zoldos Nay: Martinez, Jackson, Kramer and Mayor Umstattd Vote: 2-4-1 (Buttery absent) Councilmember Kramer, seconded by Vice-Mayor Jackson, made a motion directing the Town Attorney to sign the school boundary line adjustment petition and state the Council's position with reference to meeting the AADP requirements for school sites. Councilmember Schmidt, with the agreement of Councilmember Kramer and Vice-Mayor Jackson, amended the motion to state that the Mayor will send a letter to the Board of Supervisors stating the Town has met the AADP requirement with reference to providing school sites. The amended motion was adopted by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd Nay: Zoldos Vote: 5-1-1 (Buttery absent) Town Council minutes for July 9, 2002 Page 8 County Facilities on Sycolin Road Councilmember Zoldos asked that a report be returned to Council with reference to the County facilities on Sycolin Road. He would like to address the issue of water and sewer to the Shellhorn tract and whether a boundary line adjustment should be required. The meeting adjourned at 11:00 p.m, A~-FEST: ~~C.~mk ~ta~o~ Town of Leesburg tcmin070902