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HomeMy Public PortalAbout1997_10_28TOWN COUNCIL MINUTES OF OCTOBER 28, 1997 A regular meeting of the Leesburg Town Council was held on Tuesday, October 28, 1997, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNC1LMEMBERS PRESENT J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb, Jr. Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Manager Gary A. Huff Deputy Town Attorney Deborah Welsh Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael E. Tompkins Assistant Town Manager for Economic Development John King Clerk of Council Pro Tern Mary Mack I. INVOCATION was given by Councilmember William Webb 2. SALUTE TO TIIE FLAG was led by Town Manager Steven C. Brown 3. ROLL CALL - all members of the Town Council were present. 4. APPROVAL OF MINUTES: MOTION: On motion of Councilmember B. J. Webh, seconded by Councilmember Buttery, the minutes of October 14, 1997 and October 8, 1997 were approved as written. VOTE: Aye: Buttery Emswiller, Trocino, B. J. Webb, Wm. Webb, Umstattd and Clem Nay: None Abstain: Councilmember Umstattd abstaining for the October 14th meeting vote. 5. PETITIONERS Councilmember B. J. Webb introduced two members of the Dogwood Ball Committee. Ben Lawrence, Chairman of the Committee outlined the goal of the committee to plant as many Dogwood trees as possible along the Bypass and asking for the Town's participation stating that they will maintain the trees for the first year, but then the Committee hopes the Town will take over. He explained that the Committee hopes to have a blight free variety and announced that four test trees have been planted to observe how they will fare. Danny Osteen, a member of the committee and a member of the Town's Tree Commission was introduced and outlined the plans for the planting of the Dogwood trees from Battlefield Parkway to Edward's Ferry Road. Dave Bowers was present representing the NVBIA Loudoun County Outreach Committee. He spoke of the recently held NVBIA Leesburg 10K race which donated funds to various organizations. He thanked the town for their participation in providing police and public works assistance and presented the Council-members with T- shirts commemorating the race. John Richardson a resident of Potomac Crossing presented a letter from his wife concerning the evaluation of damages and education regarding blasting. He emphasized that there is a concern for having no historical data regarding long term exposure to blasting. Mayor Clem asked that this information be disseminated to the new Blue Ribbon Committee on blasting. John Rocca was present on behalf of the Leesburg Kiwanis Club to invite everyone to the Leesburg Halloween Parade. He outlined the time and date of the parade and urged everyone to participate. He reported, that the parade route has been changed and will proceed straight on King Street. Mayor Clem thanked him for his efforts. Fred Flemming was present on behalf of the Loudoun Education Foundation emphasizing the good work of the Foundation and asked for contributions from the Town through the United Way from the one million dollar gift recently received by the Town for education. Karen McGrory a resident of Potomac Crossing was present to request investigation of the number of accidents that are occurring at the intersection of Battlefield Parkway and the Bypass. Mayor Clem acknowledged the problem at that intersection and stated staff would review the speed limit on the Bypass again. He also expressed concern with approaching that intersection from west to east. Dean Worcester, attorney on behalf of International Pavilion and the Cart Family was present to ask the Council to not act on the authorization to condemn the property in question for the Chelsea/Bypass connection. Mr. Worcester spoke of the conflict with the Sheetz application and how his clients would be affected by this action. He stated he feels this action is premature until someone meets with VDOT regarding the high capacity "T". Mr. Worcester stated, the proffers on this project address this and that there does not have to be a high capacity "T". Mr. Worcester stated, if condemnation proceedings are authorized and there is an attempt at condemnation of his client's property to acquire right-of-way, it will be vigorously contested. He suggested the town staff attempt to work this out before taking this "drastic" step. Mayor Clem clarified that the road system in the Town Plan was not designed and adopted for Chelsea. He advised that a letter has been sent to Mrs. Cart to discuss what needs to be done in that area. 6. COUNCILMEMBER COMMENTS William Webb spoke of his request to discuss controlling residential growth and stated that if there is going to be any action taken it needs to happen before January when the legislative matters will be considered. Mr. Buttery endorsed the news releases regarding the small business pre-startup workshop and the annual leaf collection schedule. He thanked Senator Waddell for bringing attention to the concerns at the Sycolin Road interchange. Mr. Buttery pointed out that the police are in the new public safety center which is open for visitors. Ms. Umstattd echoed Mr. Webb's comments and Mr. Buttery's thanks to Senator Waddell. She spoke of the Town's need to endorse a policy statement of the NVPDC on trying to prevent local authority over zoning issues from being pre-empted by the FCC with regard to the siting of proposed large towers in conjunction with the digitalizafion of all TV signals within ten years. She urged the town's passage endorsing this. Mr. Trocino .reported on a meeting he attended in Charlottesville. He commented on the letter in the packet commending two of Leesburg's police officers. Ms. Emswiller reported, she had attended the Virginia Mtmicipal League in Hampton. Ms. B. J. Webb reemphasized the United Way campaign and endorsed the Dogwood Ball Committee. She also reported on her visit to the new police station and urged everyone to observe the technology involved in the design of the building. Ms. Webb urged every one to vote next week. She reported on the new Cessna 172 at the Leesburg Airport and the articulation agreement of Shenandoah University with NOVA giving students an opportunity to transfer after two years with a minimum of red tape. She urged everyone to attend the Halloween Parade. Ms. Webb met with representatives of International Pavilion. 7. MAYOR'S REPORT Mayor Clem thanked everyone who participated in the recent retreat held by the Town Council. He attended the recent opening of the new skate park at Douglass School and reminded everyone that next Tuesday's meetings are scheduled for Wednesday due to the elections. Mayor Clem asked Town Manager Steven Brown to find a qualified person to install the chair lift for the Loudoun Museum and announced the members of the Blue Ribbon Committee on Blasting are Perry Lee, Jeff Flippo, Bruce Clendenin, Jeff Cowart, Karen Richardson, Mayor Clem with Dr. Edward J. Walker to serve as consultant to the panel. The first meeting of the committee will be on Thursday, November 6th, at 4:30 p.m., the Town Manager is requested to attend. 8. MANAGER'S REPORT Mr. Brown referred everyone to the Manager's report and announced the leaf collection schedule has been published. The LEDC will hold an informal meeting at Virginia Kitchen on October 29th at 7:45 a.m. The new hours are in effect at Ida Lee. He thanked Calvin Grow and Vice Mayor Webb for representing the Town at the TCC technical committee which will propose funding for $700,000 for Battlefield Parkway and $100,000 for traffic signal coordination. Mayor Clem also recognized Vice Mayor Webb and Mr. Grow for their efforts on behalf of the Town at the TCC meetings. Councilmember Emswiller announced her attendance along with John Henry King at a meeting of the Virginia Economic Developers Association held at the CIT building. Mayor Clem congratulated the Mount Zion Methodist Church on North Street on the celebration of their 130~ Anniversary last week. Mt. Zion is the oldest known continuing black church in the State of Virginia. 9. LEGISLATION MOTION: On motion of Councilmember William Webb, seconded by Councilmember B. J. Webb, the following resolution was proposed and adopted: 97-248 - RESOLUTION - INITIATING AN AMENDMENT TO SECTION 5B OF THE ZONING ORDINANCE CONCERNING THE H-2 CORRIDOR VOTE: Aye: Nay: Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb, Mayor Clem None VOTE: Aye: Nay: Abstain: 97-252 - PUBLIC 97-251 - PUBLIC 97-250 - PUBLIC On motion of Councilmember William Webb, seconded by Councilmember B. J. Webb, the following resolution was proposed and adopted: 97-249 RESOLUTION - AUTHORIZING THE DEPUTY TOWN ATTORNEY TO INITIATE CONDEMNATION PROCEEDINGS TO ACQUIRE THE NECESSARY RIGHT-OF-WAY TO IMPROVE FORT EVANS ROAD AS REQUIRED BY THE COMPREHENSIVE TOWN PLAN AND ORDINANCE NO. 97-0-06 Deputy Town Attorney Deborah Welsh explained that this resolution will allow beginning talks and negotiations with the Cart family. VOTE: Aye: Nay: Trocino, Umstattd, B. J. Webb, William Webb and Mayor Clem Buttery and Emswiller MOTION: On motion of Councilmember Trocino, seconded by Councilmember Umstattd, the following resolutions were proposed as consent items and unanimously adopted, with the exception of Councilmember B. J. Webb, abstaining from the vote on Resolution No. 97-251 RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR IMPROVEMENTS INSTALLED IN OLD WATERFORD KNOLL SECTION 2B RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR IMPROVEMENTS INSTALLED IN LEELAND HEIGHTS RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR IMPROVEMENTS INSTALLED IN THE TOWN-ES OF VANDERBILT SECTION 3 97-253 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION SECTION 6A 97-254 - RESOLUTION - MAKING A REDUCTION OF THE PEROFRMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE I SECTION H 97-255 - RESOLUTION - AUTHORIZING SETTELMENT OF THE NORMAN L MYERS, TRUSTEE VERSUS BOARD OF SUPERVISORS OF LOUDOUN COUNTY, ET. AL. CASE 97-256 - RESOLUTION - ENDORSING THE POLICY CONCERNING THE REVIEW OF TELECOMMUNICATIONS FACILITIES WITHIN PUBLIC RIGHTS-OF-WAY PROPOSED BY THE NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb and Mayor Clem None Councilmember B. J. Webb from Resolution No. 97-251 10. NEW BUSINESS MOTION: On motion of Councilmember Umstattd, seconded by Councilmember B. J. Webb, the following resolution was proposed and adopted. MOTION: 97-257 RESOLUTION RESPONSE TO FCC RESOLUTION NO. 97-296 CONCERNING PREEMPTION OF STATE AND LOCAL AUTHORITY GOVERNING THE SITING OF RADIO AND TELEVISION BROADCAST TRANSMISSION TOWERS. VOTE: Aye: Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb and Mayor Clem Nay: None The meeting adjourned at 9:58 p.m. ~lerk of Council a~es E. Clem, Mayor