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HomeMy Public PortalAbout1997_04_08LEESBURG TOWN COUNCIL MEETING MINUTES APRIL 8, 1997 A regular meeting of the Leesburg Town Council was held on April 8, 1997 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem 1. INVOCATION: Councilmember JewellEmswiller 2. SALUTE TO THE FLAG: Councilmember B. J. Webb 3. ROLL CALL o PRESENT: J. Frank Buttery, Jr., Jewell Emswiller, Joseph R. Trocino, Kristen C. Umstattd, B. J. Webb and Mayor Clem. ABSENT: Vice Mayor William F. Webb 4. APPROVAL OF MINUTES: MOTION: On motion of Ms. Webb, seconded by Mr. Buttery, the Special Meeting Minutes of March 5, 1997 and April 1, 1997 were approved as submitted. 5. RESOLUTION OF RESPECT: MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the following Resolution of Respect was proposed and adopted. RESOLUTION OF RESPECT Elizabeth Hoyt White WHEREAS, Elizabeth Hoyt White of Leesburg died March 31 at the age of 82; and WHEREAS, Mrs. White was a charter member and president of the Women's Club of Loudoun, president of the St. James Episcopal Church Women, and a founder of the Parent-Teacher Association of the Leesburg School; and WHEREAS, Mrs. White served as president of the Garden Study Club of Loudoun and was active in the St. James Ladies Auxiliary, the Loudoun Sketch Club, and many other groups; and WHEREAS, she was preceded in death by her husband, Col. Elijah B. White, Jr., former Mayor of Leesburg. THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg in Virginia extend their sympathy to Mrs. White's family and to all who knew her; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to her family. PETITIONERS: Mr. Bob Gordon, representing Goose Creek Communities, addressed the Council with regard to the proposed noise corridor. Mr. Gordon read from a prepared statement which is made a part of the official record. Mr. Jerry Shamla a resident in the Kincaid Subdivision, addressed the Council realrrrming the Kincaid HOA's position as stated at the April l, Administration and Public Works Committee meeting. Mr. Shamla also expressed concern with the town's bonding process, stating it does not appear to be functioning properly. He asked the Council to look into this matter, as well as researching the financial status of a developer before approving extensions Mr. Chris Lane, a resident of 613 Cable Terrace in Kincaid, addressed the Council echoing the comments made by Mr. Shamla. Ms. Kathleen Pritchard, Vice-chair of the Leesburg Tree Commission, thanked the Council for adopting the Tree Ordinance and urged the Council to keep the arborist's position in the budget. PUBLIC HEARING TO CONSIDER THE IMPOSITION OF NEW WATER AND SEWER FEES FOR SERVICE OUTSIDE THE CORPORATE LIMITS AND AVAILABILITY FEES WITHIN THE H-1 DISTRICT Mr. Shoemaker~ Director of Utilities, provided the staff report. Mr. Thomas Frank, representing Northlake Development, addressed the Council reading a prepared written statement which is made a part of the official record. Mr. Bill Chapman, with Hazel and Thomas, representing River Creek, addressed the Council expressing great concern with the proposed increases. Mr. Chapman requested the Town Council to reject the proposed increases. Mr. Bob Gordon, representing Goose Creek Communities at Potomac Station, addressed the Council with regard to the proposed fee increases. Mr. Gordon stated the proposed increase would result in a $1.2 million cost increase to the development. He asked Council to give the public an opportunity to study what is being proposed by the town. Mr. Gordon's prepared statement is made a part of the official record. Mr. John Nicholas, whose residence is located within the Leesburg Area Management Plan (LAMP), expressed concern with property values if the Council imposes the new increases. Mr. Bill Fissell, with Dewberry and Davis representing the NVBIA, expressed support of the re-use of existing buildings in the H- 1. He stated he is shocked at the proposed 50 percent increase. Mr. Fissell asked how this amount is justified and that Council consider phasing the increases, if they are adopted. Mr. Charles Fincher, representing the LEDC, expressed support of the changes to the H-1 District, in that, fees should be waived unless a larger line is necessary. Mr. Robert Sevila, representing the Lightfoot Cafe, expressed support of the amendments proposed to the H- 1 District. The public hearing was closed. Mayor Clem announced the public hearing would remain open for at least 10 days. 8. COUNCILMEMBER COMMENTS: Mr. Buttery stated the Town of Leesburg has a recycling program in place for old telephone books. Ms. Umstattd reported the Town of Leesburg is one of the highest rated towns in Northern Virginia for recycling. Ms. Umstattd congratulated the town's citizens and staff. Mr. Trocino congratulated the Loudoun County Public School System for its 2,a annual Social Science History Fair. Ms. Emswiller attended a meeting of the Loudoun Tourism Oversight Committee. Discussion was held regarding how the Committee's funds are used. Ms. Emswiller pointed out that the LEDC's survey results are in and are being tabulated. Ms. Webb concurred with the residents of Kincaid Forest and agreed that agenda item (e) should be removed from the consent agenda and discussed separately. Ms. Webb asked that Council consider separating the H-1 from the proposal to increase availability fees. Ms. Webb met with representatives of a large development who are looking at Leesburg as a possible location. 9. MAYOR'S REPORT Mayor Clem stated he met with a group of Scottish students touring Leesburg. Mayor Clem also met with Board of Supervisor Chairperson Dale Polen Myers regarding the 911 issue. He stated no decisions have been made and that a special meeting will be held at the County's 911 Communication Center on Tuesday, at 5:15 p.m. Mayor Clem stated he judged the Pine Wood Derby races for the boy scouts. 10. MANAGER'S REPORT - Mr. Huff made no comments. 11. LEGISLATION: MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the following ordinance was proposed and referred back to the April 15, 1997 Administration and Public Works Committee agenda for further consideration. Mayor Clem stated all department heads should live in the Town of Leesburg from this point forward. Including all officers and Town Council confirmed positions. Mr. Trocino corrected a typographical error on Page 11, 12.1-4. CONSENT ITEMS: 11. (b), (c), (d), (fl, (g) MOTION: On motion of Ms. Umstattd, seconded by Mr. Buttery, the following items were proposed as consent and adopted. 97-79 - RESOLUTION - APPROVING A VACATION OF A RIGHT-OF-WAY l~q q~4~. POTOMAC CROSSING SECTION 3A SUBDIVISION ON HAVERSACK COURT WHEREAS, Mr. Donald Miller of Arcadia Development Co. has requested that the Town vacate an existing right-of-way in Section 3A of the Potomac Crossing Subdivision which was recorded in the Loudoun County Clerk's Office on October 23, 1996; and WHEREAS, the applicant is revising and enlarging the lots in the subdivision and has prepared a resubdivision and replat of such subdivision; and WHEREAS, the applicant desires to have the Town vacate the interest in the right- of-way shown thereon; and WHEREAS, the applicant has not sold any of the lots in Section 3A; and WHEREAS, pursuant to Section 15.1-478 and Section 15.1-480.1 of the 1950 Code of Virginia, the Council is authorized to vacate the subdivision plat or part thereof as a part of a resubdivision: and WHEREAS, the issue was sent to be heard by Council from the Planning, Zoning and Development Committee on April l, 1997; and THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia as follows: SECTION I. The said right-of-way on Haversack Court in Potomac Crossing Section 3A is hereby vacated as shown on the plat titled" Plat Showing Section 3A1, Potomac Crossing," dated January 15, 1997 and prepared by Bengston, DeBell & Elkin, LTD. of Leesburg, Virginia to the following conditions: The applicant does not proceed with the construction of Potomac Crossing Section 3A and only proceed with the construction of the recorded Section 3Al of the Potomac Crossing subdivision. 2. The Mayor is hereby authorized to execute a Deed of Vacation of such right-of- way. 97-80 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR LEESBURG PARK PHASE II RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Leesburg Park Phase II. SECTION II. The extension of municipal water and sewer for Leesburg Park Phase II is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. A coq)orate surety bond in a form approved by the town attorney from National Union Fire Insurance Company in the amount of $27,952.10 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Leesburg Park Phase II. 97-81 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT KINCAID FOREST PHASE 1, SECTION 2 WHEREAS, First Potomac Development Company, the developer of Kincaid Forest Phase 1, Section 2, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Motorists Insurance Company in the amount of $167,355.35 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $41,885.50 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town ail such improvements and easements free of any liens or charges. 97-82 - RESOLUTION - AUTHORIZING ENTERING INTO A NEW AGREEMENT WITH CENTRAL LOUDOUN LITTLE LEAGUE, INC., FOR THE USE OF ROBINSON PARK BASEBALL FIELD WHEREAS, the Town of Leesburg owns a ten-acre park known as Robinson Park, in the Exeter Subdivision; and WHEREAS, the Town of Leesburg has an existing agreement with Central Loudoun Little League providing exclusive use of the Robinson Park baseball field to Central Loudoun Little League; and WHEREAS, the Parks and Recreation Advisory Commission and Central Loudoun Little League have agreed to enter into a new agreement for use of Robinson Park baseball field; and WHEREAS, the Town Council Administration and Public Works Committee recommended approval for the new agreement: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Council of the Town of Leesburg authorizes the Town Manager to enter into a new agreement with Central Loudoun Little League, Inc., for the use of the Robinson Park baseball field. 97-83 RESOLUTION - STREET CLOSING FOR THE LEESBURG GARDEN CLUB'S HISTORIC GARDEN WEEK HOMES TOUR WHEREAS, the Leesburg Garden Club will he hosting the Historic Garden Week Homes Tour in downtown Leesburg on April 20 and 21, 1997; and WHEREAS, the event requires the closing of Cornwall Street from Wirt Street to Memorial Drive between the hours of 12:30 p.m., and 5:00 p.m., on April 20, and between the hours of 9:30 a.m., and 5:00 p.m., on April 21, 1997; and WHEREAS, the Town Council Administration and Public Works Committee recommended the respective street closing: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to close Cornwall Street from Wirt Street to Memorial Drive between the hours of 12:30 p.m., and 5:00 p.m., on April 20, and between the hours of 9:30 a.m., and 5:00 p.m., on April 21, 1997. REGULAR AGENDA MOTION: On motion o£ Mr. Butter~ seconded by Ms. Umstattd, the following resolution was proposed and adopted as amended. 11. (e) 97-84 - RESOLUTION - SUSPENDING THE F2CECUTION OF DEFAULT PROCEEDINGS ON THE KINCAID FOREST PUBLIC PARK BOND WHEREAS, Council Resolution No. 97-44 authorized the zoning administrator to conduct default proceedings on the Kincaid Forest public park bond ff the park was not completed by March 31, 1997; and WHERE.aS, the current developer has not completed the public park; and WHEREAS, an active developer has advised town staff and the homeowners association that he is pursuing the purchase of Kincaid Forest, and if successful, assume the responsibility of installing Kincaid's public improvements including completion of the public park; and WHEREAS, an active developer is more likely to install public improvements in a timely fashion than the current developer or the town. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is authorized to suspend the zoning administrator's authorization to conduct default proceedings on the Kincaid Forest Public Park guarantee until May 1, 1997. DISCUSSION: Ms. Emswiller stated the Town Council should have done a better job by staying on top of the issues. The homeowners have suffered the most. The Town Council is doing everything to fix the situation. A lesson has been learned, not to assume things are being done. On motion of, and duly seconded, the meeting was adjourned at 9:30 p.m. MOTION: On motion of, and duly seconded, the following motion was made: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a), Subsection (1) of the 1950 Code of Virginia, as amended. The purposes of this Executive Session is a personnel issue regarding Thomas Grey. The Deputy Town Manager and Deputy Town Attorney are requested to remain for the executive session. MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 97-85 - RESOLUTION -CERTIFYING F_2CECUTIVE SESSION OF APRIL 15, 1997 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. On motion of, and duly seconded, the meeting was adjourned. James E. Clem, Mayor Town of Leesburg Clerk of Council 6