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HomeMy Public PortalAbout1994_04_20151 SPECIAL MEETING MINUTES OF THE TOWN COUNCIL April 20, 1994 A special meeting of the Leesburg Town Council was held on Wednesday, April 20, 1994, at 4:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The purpose of the meeting was to discuss legal opinions regarding condemnation. Notice having been delivered to all members of the Town Council prior thereto. The meeting was called to order by Mayor Clem. Councilmembers Present Mayor James E. Clem George F. Atwell Georgia W. Bange R. W. Blake (absent) Joseph R. Trocino Kristen C. Umstattd William F. Webb Staff members present Town Manager Steven C. Brown Director of Planning, Zoning & Development Michael Tompkins Town Attorney George Martin Deputy Town Attorney Deborah Welsh Mr. Tompkins presented the staff report. Ms. Umstattd referred to Mr. Tompkins' comments regarding a site being no longer available and asked if this would apply to any site where the owner did not want to sell it or did not have it on the market? Ms. Umstattd asked if the Riggs Banks site (Fieldstone site) is no longer on the market? Mr. Tompkins stated he did not know. He stated that his definition of"not available" means, with regard to the Edwards Landing site - there was a proffer attached to the Edwards Landing site which meant some action had to be taken prior to January 1993, otherwise the proffer went away making the site no longer available for free. Mayor Clem pointed out that the so called "proffer" was a letter - not really a proffer as a proffer is defined. A letter with a limited time. Mr. Tompkins referenced the Signet Bank site stating that it was previously up for consideration with a rezoning application and due to changes with the rezoning application it is no longer available for free. Mr. Bill Eillis, representing the Leesburg Volunteer Fire Company (LVFC) addressed the Council providing of the most recent update on this issue. He stated that on Monday the LVFC was contacted by Mr. Jim Ramsey with Investors Realty who asked if the LVFC would be interested in a lease operation on the site at approximately $11,000 a month. Mr. Ellis stated, "this is not acceptable." '~Totally out of the picture." Mr. Taylor, a resident of Exeter addressed the Council with regard to a survey taken in this development. He stated that of the 249 people he spoke with 178 people were in favor of having the fire station located at the Riggs Bank site. Ms. Bange asked Mr. Taylor, if when he was polling these residents did he ask them if they would be willing to help pay for the site. She stated that this is the largest problem facing this Council - the Town has a piece of property that does not cost the Town anything. If the Town has to pay for a site the whole Town will have to pay for it. Mr. Taylor stated yes he did ask this question of the residents. He stated that most of the residents felt paying for the site would be acceptable because as residents of this neighborhood, the Plaza Street location is directly in the heart of the neighborhood. The main concern is for the safety of our children and the enjoyment of the neighborhood. Mr. Jim Ramsey, with Investors Realty & Development representing Mr. Siz Dahkhani, addressed the Council stating that Mr. Dahkhani made his offer to lease based on estimates received for a $1 million cost to build a building and the cost made to acquire 1 acre of land. This estimate is about $3.00 per SF for a building of 200'x200'SF. These are preliminary numbers and sent out in the spirit of negotiation. 152 Mr. Jim Hill, a resident of Plaza Street, addressed the Council pointing out the difficulty in crossing Edwards Ferry Road anytime during the day. He stated there is a large traffic concern at this intersection. He pointed out how many day care facilities there are along Plaza Street and the many number of children in this area. He also expressed concern with the quality of the roadway for vehicles of the size of a fire truck and asked if additional under footing of the roads would be required. Mayor Clem stated that the roads are built to state standards and should not require anything additional. Mr. Hill questioned the vacant property behind the Peebles Department Store and asked if this would be a viable location for a fire station site. Ms. Bange stated that the Wallace family owns this property and would be happy to sell it. Ms. Sue Browning, a resident of Carrvale, addressed the Council expressing her opposition to the Plaza Street site. Mr. Brian Balthrop, a resident of Exeter, addressed the Council expressing his opposition to the Plaza Street site. He stated that the residents support the LVFC and would support a site that all residents agree upon. Mr. Allen Shatzer, a resident of Exeter, addressed the Council in support of the Plaza Street site. He stated that there have been no statistics or evidence to back up any of the concerns with regard to children being hit by fire trucks. Mayor Clem stated that the Council has received rheems of data. Previous Councils and the current Council have fought this issue. There is no sense in dragging this out any longer. This Council has to make a decision and will make a decision. Ms. Diane Taylor, a resident of Exeter, addressed the Council expressing her concern regarding the safety of the children. She stated that the citizens are willing to come up with the extra dollars to find a place in the community where the fire company can have a home. She urged the Council to make a decision right now. Ms. Rebecca White, a resident of Plaza Street, addressed the Council stating that a public meeting of such matter should be held in the evening so that people can make the meeting. She stated that just because the Plaza Street site is free does not mean it is appropriate. Ms. Kay Smith, a resident of Exeter, addressed the Council expressing concern with the number of children walking to school next year and having to use the tunnel at Battlefield Parkway. She also expressed concern with the speed of the volunteer firemen going to the fire station during a call. Mr. William Goldfedder., Director of Fire and Rescue for Loudoun County, addressed the Council emphasizing the amount of training the volunteers are required to have before driving any equipment. He pointed out the amount of traffic already on Plaza Street and all other streets in Loudoun County on Friday and Saturday nights which have nothing to do with the fire company. He pointed out the good record of the fire and rescue squads. Wherever a fire house is located there will be a community nearby - there will be some growth around the fire station. He offered his services to the Town in order to help solve this issue. Mayor Clem stated that all the sites have been debated and it is now down to the last couple of sites and what the Town Council can do to make it happen. Mr. Jim Ramsey stated that since the Riggs site is number six on the list he asked that it not be singled out as the one to be condemned. Mr. Webb asked Mr. Ramsey if an acre of land is available for a fire station site. Mr. Ramsey stated that the owner has made an offer to build a building and lease it to the fire company. Mr. Webb clarified that he is not asking what the owner has offered but if an acre of this site would be available for the fire company to build their own building. Mr. Ramsey stated this option has not been discussed. Mr. Webb asked if any of this land is available what the square foot price would be. Mr. Ramsey stated that he could not say at this point. It is assessed at approximately $900,000 for the 4.6 acres. 4/20/94sp -2- 153 Mr. Robert Zoldos, a resident of 15 Country Club Drive, addressed the Town Council proposing that the Town investigate the old S&R Chevrolet dealership on Fort Evans Road. Ms. Umstattd expressed concern with access problems associated with the S&R site. Mr. Zoldos stated that it is not recommended that a fire station be located directly on a major thoroughfare but should be located adjacent to it. Ms. Bange asked what kind of legislation would be required to establish a tax district? Mr. Zoldos stated that he was not sure but that they have been established in Virginia. Ms. Umstattd stated that she believed Prince William County has a fire tax. Mr. Gus Glikus, a resident of Carrvale, addressed the Council stating that he lives directly across the street from the house that caught fire a couple of years ago. He pointed out that he was born and raised in Philadelphia where there are a lot of fire stations most all located directly across the street from schools and/or residential areas. We teach our children that the fire company is here to help and protect. Fire stations being located near schools should not be an important factor. Mr. Bob Ellis, representing the fire company stated that the LVFC did look into the S&R site. The site cost is about $2 million and sits about 100 yards from the roadway. It is built for a car dealership not a fire station. Traffic patterns are also a concern. Mr. J.B. Anderson addressed the Council stating that he is "sick and tired." He emphasized the fact that the first thing that children learn in pre-school and kindergarten is the recognition of emergency and non- emergency vehicles. He stated that there will always be problems but we as parents must accept some of the responsibility. He stated that the facts substantiate that the Plaza Street site is not only viable but more importantly it is free. He stated it is time for some action. Ms. Vicki Smith, a resident of Carrvale, addressed the Council stating she has never talked down to her three children about the fire company. She stated she has taught her children about fire vehicles and what they should be looking out for but has never taught her children to look out for the ordinary vehicles that the volunteers are driving to the fire stations. She stated that she does not support either site - a site needs to be located outside of a residential and recreational community. MOTION On motion of Councilmember Bange, seconded by Councilmember Trocino, the following motion was made: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, a motion is made that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a), Subsection (7) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss legal opinions regarding condemnation. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, Mayor Clem Nay: None Absent: Blake MOTION On motion of, and duly seconded, the following motion was made: I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, Mayor Clem Nay: None Absent: Blake 4/20/94sp -3- 154 MOTION On motion of, and duly seconded, the following resolution was proposed and adopted. 94-80 - A RESOLUTION: CERTIFYING EXECUTIVE SESSION OF APRIL 20, 1994 WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. VOTE Nay: Absent: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, Mayor Clem None Blake MOTION Councilmember Trocino made the following motion: I move that in addition to the continuing consideration of the Plaza Street site, the Town Attorney and Deputy Town Attorney be authorized to secure the appropriate appraisals and negotiate with the owners of the following three properties. Fieldstone property, the Potomac Crossing site property and the Wallace property behind Peebles Department Store. The purpose of these negotiations will be for the acquisition of a public safety site. The motion was seconded by Councilmember Webb. Ms. Umstattd stated that she has always opposed the Plaza Street site. She stated she does support the LVFC's request for money in lieu of that and she supports strongly the Fieldstone site. She stated that she supports giving the Deputy Town Attorney the authority to negotiate on the three sites mentioned. Ms. Umstattd stated she will not support the first part of Mr. Trocino's sentence in his motion. For this reason only Ms. Umstattd will vote no. Mr. Trocino stated that he is also not comfortable with the first sentence of his motion and also does not support the Plaza Street site. He stated that out of fairness and continuity and because it is the sense of the Council to leave it on the table he included the Plaza Street site in his motion. VOTE Aye: Councilmembers Atwell, Bange, Trocino, Webb, Mayor Clem Nay: Umstattd Absent: Blake In addition, the staffwas asked to move quickly on this matter and to provide the Council with a progress report on Tuesday night. MOTION On motion of, and duly seconded, the following resolution was proposed and adopted. 94-81 - RESOLUTION - APPROVING THE VACATION OF VARIOUS EASEMENTS IN THE PAXTON SUBDIVISION, TAX MAP 48, PARCEL 137A WHEREAS, Rivermeade Homes, a Virginia Corporation, owner of Sections 3 and 4 of the Paxton Subdivision, has requested that portions of the temporary turnaround, temporary drainage and utility, temporary grading, drainage and construction, sanitary sewer, waterline, and pump station access easements be vacated as shown on plat #L-03A, prepared by Paciulli, Simmons & Associates, Ltd; and WHEREAS, the easements being vacated will either be included within the public right-of-way of Paxton, Sections 3 and 4, or are no longer necessary. 4/20/94sp -4- THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The vacation of portions of various easements as shown on Plat #L-03A, prepared by Paciulli, Simmons & Associates, Ltd., dated January 5, 1994, is hereby approved. VOTE Aye: Councilmembers Ar, veil, Bange, Trocino, Umstattd, Webb, Mayor Clem Nay: None Absent: Blake MOTION On motion of, and duly seconded, the meeting was adjourned. Clerk of Council · Clem, Mayor 155 4/20/94sp -5-