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Home My Public Portal About1997_11_25TOWN COUNCIL MEETING MINUTES OF NOVEMBER 25, 1997 A regular meeting of the Leesburg Town Council was held on Tuesday, November 25, 1997 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leer&m-g, Virginia 20175, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb, Jr. (absent) Mayor James E. Clem PLANNING COMMISSION MEMBERS PRESENT Chairman Mervin Jackson Lawrence Schonberger David Kennedy Clifton Vaughan STAFF MEMBERS PRESENT Deputy Town Manager Gary A. Huff Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning & Development Director of Parks and Recreation Kaj Dentler Zoning Administration Brian Bouchcr Planners Kristie Lalire, Marilee Seigffied Assistant Town Manager for Economic Development John King Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Joseph R. Trocino 2. SALUTE TO TltE FLAG was led by Eagle Scout David Rosenberry 3. ROLL CALL all members of the Town Council were present except Councilmember William F. Webb. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Councilmember Umstattd, the regular meeting minutes of November 12, 1997 and the special meeting minutes of November 5, 1997 were approved as written. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 5. PETITIONERS Mr. Charles Malonev representing the Leesburg Evening Rotary Club addressed the Council requesting a waiver of the fees associated with holding a 10k race at Ida Lee Park on January 1, 1998. This matter was referred to the December 2, 1997 Finance Committee agenda for further consideration. Ms. Winifred Rapp, addressed the Council in support of a teen center in Leesburg. 6. PUBLIC HEARINGS a. TO CONSIDER SPECIAL EXCEPTION APPLICATION #SE97-06 VIRGINIA TELECOMM TOWERS, LP. - Ms. Seigfried presented the staff report. Councilmember Umstattd asked if the federal government has pre-empted towns from denying telecommunication towers? Ms. Seigfried stated she did not know but would research it before the December 2"d committee meeting. Councilmcmtcr Buttery questioned thc dimensions of thc proposed tower? Ms. Sei~ried stated the dimension is a 30'x30' square pad. Mr. Larry_ Bearman the applicant concurred with the staff report further providing the purpose of the proposed tower. Councilmember B. J. Webb stated there is no visual impact on the view of the town due to the tower. This matter was referred to the December 2, 1997 Committee agenda for further consideration. b. TO CONSIDER SPECIAL EXCEPTION APPLICATION #SE97-07 AUTOGROOM CAR WASH AND DETAILING CENTER - Ms. Seigffied provided the staff report. Mr. David Culbert representing the applicant concurred with the staff report further stating the applicant has no objections with the Planning Commission's recommendations. Mr. Stcven Layman a resident of Foxridge Drive addressed the Council in opposition to the proposed special exception citing traffic concerns. Mr. Joseph Andino a resident of 303 Fox_ridge Drive addressed the Council in opposition to the proposed special exception citing traffic concerns. This rnatter was referred to thc December 2, 1997 Committee agenda for further consideration. c. JOINT PUBLIC HEARING - TO CONSIDER AN AMENDMENT TO THE 1997 TOWNPLAN CONCERNING THE H-2 CORRIDOR OVERLAY DISTRICT - Mr. Boucher provided the staff report on behalf of Chief of Comprehensive Planning Jerry Mucci. Councilmember Buttery asked if this amendment would apply to single family detached dwellings? Mr. Boucher stated no. Only larger scale buildings. Councilmember Buttery asked if renovations to existing buildings would be brought before the BAR? Mr. Boucher answered yes. Councilmember Emswiller asked how this would affect a small business? Mr. Boucher stated, if thc business makes a change or renovation it would have to make application to the BAR to insure that signs, colors, etc., are kept compatible with the Historic District. Councilmember B. J. Webb referenced the BAR's guidelines and asked if a building is renovated would the BAR require more restrictive materials? Mr. Boucber stated this would be looked at on a case by case basis. Planner Kristie Lalire addressed Ms. Webb by stating thc H-2 guidelines and the Old and Historic District Guidelines are different. The H-2 guidelines ask that the compatibility be maintained. Mr. Jack Manton representing thc Edwards Ferry Beverly Road Limited Partnership addressed the Council in opposition to the amendment. Mr. Manton's written statement is made a part of thc official record. Mr. Manton presented a written statement from the law firm of Hunton & Williams also opposing the amendment. Mr. Joe Kelly a resident of 212 North Street and part owner of thc Loudoun Racquet and Swim Club addressed the Council opposing the amendment. Mr. Basil DelaslunutC part owner of the Loudoun Racquet and Swim Club addressed the Council opposing the amendment. Ms. Ma~ Ann Naber a member of the BAR addressed the Council in favor of the proposed amendment and urged thc Council to adopt thc proposed amendment. Ms. Ellen Lewis a resident of 781 Vanderbilt Terrace, addressed the Council asking if thc proposed amendment would affect her town home? Ms. Lalire stated yes. This matter was referred to the December 2, 1997 Committee agenda for further consideration. TO CONSIDER AMENDMENTS TO THE LEESBURG ZONING ORDINANCE SECTION 5B-3 AND THE ZONING DISTRICT MAP TO EXPAND THE AREA OF THE H-2 CORRIDOR OVERLAY DISTRICT - Mr. Boucher provided the stuff report. Planning Commission Chairman Jackson asked that the Planning Commission and BAR be present at the December 2, 1997 meeting. This matter was referred to the December 2, 1997 Committee agenda for further consideration. 7. COUNCILMEMBER COMMENTS Councilmember Buttery - stated on November 16, 1997 the Loudoun History Awards were presented at the Thomas Balch Library. He thanked Senator Waddell, Delegates Mim~ and May and Mayor Clem for their efforts in securing funds to build the interchange and improvements at Sycolin Road. Mr. Buttery wished everyone a Happy Thanksgiving. Councilmember Umstattd disclosed th. at she met with representatives of the Chelsea Mall, Mr. Manton, Councilmember Trocino attended the groundbreaking at the Chelsea Mall. He disclosed that he met with Mr. Manton and Mr. Culbert. He attended the VML's Executive & Legislative Policy Committee meeting where the property tax issue was discussed. Discussion will continue on this matter on December 16, 1997. Councilmember Emswiller wished everyone a Happy Thanksgiving. The Loudoun Tourism Council moved their office to Market Station. Ms. Emswiller spoke of the many accomplishments of the Loudoun Tourism Council. Ms. Emswiller attended the International Development Research Council Fall World Congress in San Diego with Assistant Town Manager John King. Councilmember B. J. Webb disclosed that she met with Mr. Bearman, Mr. Manton and Mr. Culbert. Ms. Webb echoed the comments made regarding the Chelsea groundbreaking and the flyover dedication. Ms. Webb spoke on behalf of the United Way Campaign stating this year's fimdmising efforts are being rapped up and are 25 percent ahead of last years. Ms. Webb thanked all who have contributed. Ms. Webb wished everyone a Happy Thanksgiving. o MAYOR'S REPORT - Mayor Clem disclosed that he too met with Jack Manton. He announced the activities planned for the December 5, 1997 Christmas Parade and wished everyone a Happy Thanksgiving. 9. MANAGER'S REPORT - Mr. Huff briefly reviewed the Manager's Report. 10. LEGISLATION (a) was referred to the December 2, 1997 Committee agenda for further consideration. MOTION: On motion of Councilmember Trocino, seconded by Councilmember B. J. Webb, the following ordinance was proposed and adopted. 97-0-39 - ORDINANCE - AMENDING ARTICLE I11 MASSAGE THERAPY LOCATIONS OF THE TOWN CODE VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Kristen C. Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb (c) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember B. J. Webb, the following resolution was proposed and adopted. 97-269 - RESOLUTION - APPROVING COMPREHENSIVE SIGN PACKAGE APPLICATION #CSP-97-01 FOR TIlE LEESBURG CORNER PREMIUM OUTLET MALL LOCATED ON TIIE SOUTHEAST CORNER OF TIlE ROUTE 15 BYPASS AND FORT EVANS ROAD VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Kristen C. Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb MOTION: On motion of Councilmember Trocino, seconded by Councilmember Umstattd, the following resolutions were proposed as consent items and adopted. 9%270 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION SECTION 4 97-271 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC CROSSING SECTION 3A-1 97-272 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PEROFRMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT OLD WATERFORD KNOLL PUMP STATION VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Kristen C. Umstattd, B. J. Webb, Mayor Clem Nay: None Absent: Councilmember William F. Webb 11. NEW BUSINESS Mr. Randy Minchew representing the Citizen Tax Equity Counsel addressed the Council providing an update and a final report. On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m. Clerk of Council J lem, Mayor /