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Home My Public Portal About1997_12_09TOWN COUCIL MEETENG MINUTES OF DECEMBER 9, 1997 A regular meeting of the Leesburg Town Council was held on Tuesday, December 9, 1997 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburlg V~ginia 20175, Municipal Govermnent 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. Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Manager Gary A. Huff Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Kaj Dentler Planner Marilee Seigfried Assistant Town Manager for Economic Development John Hemy King Public Information Officer Susan Farmer Parks and Recreation Architect John Johnston Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Jewell M. Emswiller 2. SALUTE TO THE FLAG was led by Boy Scout Troop 982 3. ROLL CALL all members of the Town Council were present. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Councilmember B. J. Webb, the regular meeting minutes of November 25, 1997 and the special meeting minutes of November 18, 1997, November 20, 1997 and December 2, 1997 were approved as written. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Abstain: Councilmembers Emswiller and Umstattd from 4.(b), Councilmember Trocino from 4. (c), Councilmember B. J. Webb from 4.(c), (d). 5. PROCLAMATION MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmember Umstattd, the following proclamation was proposed and adopted. DRUNK AND DRUGGED DRIVING PREVENTION MONTH DECEMBER 1997 VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 6. PETITIONERS: Ms. Beth McDonald, representing the Virginia Municipal League (VIVlL), spoke to the Council regarding the VML's Publication List requesting the Council's input on each of the publications. Dr. Linda Pfeiffer, President and CEO of INMED, addressed the Council regarding the Mother Net Loudoun Program. Dr. Pfeiffer requested financial support and the participation of the Town Council. Ms. Katherine Miller, addressed the Council providing information on the survey being taken of the Historic District. Mr. William Fiske, representing the Cable Advisory Commission, addressed the Council regarding the proposed Special Exception Application #SE-97-06 and requested the applicant to provide free space on the tower for emergency operations, such as fire, rescue and police. Mr. Tom Franiq representing North Lake Development, addressed the Council in opposition to the proposed increase in water and sewer rates outside the town's limits. Mr. John Nicholas, a resident of Loudoun County, addressed the Council in opposition to the proposed increase in water and sewer rates outside the town's limits. Mr. Joe Kelly, a resident of 212 North King Street and part-owner of the Loudoun Racquet and Swim Club, addressed the Council suggesting the town plant trees along the bypass. He recommended the businesses along the bypass donate the trees and the town provide the labor to plant the trees. Mr. John Caine, representing Shaw, Pitts, Trowbridge and the Goose Creek Properties, addressed the Council in opposition to the proposed increase in water and sewer rates outside the town's limits. Mr. Roben Primack, a resident of 217 Shenandoah Street, addressed the Council regarding the buzzard situation and suggested the town closely monitor the trapping process and report on where the buzzards go after being released outside of the town. Mr. Mike Banzhaf, representing Hazel Thomas, addressed the Council in opposition to the proposed increase in water and sewer rates outside the town's limits and urged the Council to adopt the new business resolution regarding the condenmation of property. 7. PUBLIC HEARING TO CONSIDER ISTEA ENHANCEMENT GRANT APPLICATIONS Mr. Huff and Mr. Johnston provided the staff report. Mr. Charles Fincher, representing the LEDC, expressed support of the Balls Bluff project and asked the Council to give this project top priority for requesting ISTEA funding. Ms. Harriet Malonev, representing the George Marshall International Center, addressed the Council requesting thc Council's endorsement of the center's parking and access project. The public hearing was closed. 8. COUNCILMEMBER COMMENTS Councilmember William F. Webb attended a meeting of the TCC on December 3, 1997, at which an additional funding of $700,000 was approved for highway projects. Mr. Webb stated additional study needs to be made on the H-2 Corridor expansion. He attended two meetings of the Noise Abatement Comdor Advisory Committee, stating that a report from this committee will be forthcoming in early spring. Mr. Webb wished everyone a happy holiday season. Councilmember Buttery commended the Christmas parade and tree lighting ceremony, as well as the Volunteer Citizen Support Team who provides a tremendous amount of volunteer time to the town. Mr. Buttery met with Mr. Bearman regarding #SE-97-06. Councilmember Umstattd reminded everyone of the national guardsmen who are still overseas in Bosnia. Ms. Umstattd wished everyone a happy holiday season. Councilmember Trocino congratulated Cool Spring Elementary School Principal Mary Moms for achieving the Principal of the Year award. Councilmember Trocino attended the National League of Cities Conference in Philadelphia. Councilmember Emswiller commended the Christmas parade and tree lighting ceremony. Ms. Emswiller agreed with Mr. Kelly's idea regarding the planting of trees around the bypass. Ms. Emswiller thanked the Citizen Support Team for their contributions to the Town and wished everyone a happy holiday. Councilmember B. J. Webb met with Mr. Bearman regarding his application #SE97-06. Ms. Webb stated Delegates Mims and May will be visiting the troops in Bosnia on December 13 and 14, 1997. Ms. Webb commented on the amount of discussion received from the development community regarding the proposed increase in water and sewer rates outside the town's limits. Ms. Webb wished everyone a safe and happy holiday and reminded everyone to not drink and drive. MAYOR'S COMMENTS - Mayor Clem concurred with all the remarks made by the Council and thanked all the petitioners for their comments. Mayor Clem thanked those members of Council and Police Chief Stiles for volunteering to ring the bell on behalf of the Salvation Army. Mayor Clem commented on the success of the Christmas parade and the lighting of the tree ceremony. 10. MANAGER'S REPORT - Mr. Brown briefly reviewed the Manager's Activity Report. 11. LEGISLATION (a) Mr. Beannan agreed to allow the fire and rescue and police emergency operations use of the tower rent free, only paying for the electricity. MOTION: On motion of Councilmember Trocino, seconded by Councilmember B. J. Webb, the following ordinance was proposed and unanlmonsly adopted. 97-0-40 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-9%06 VIRGINIA TELECOMM TOWERS VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Co) MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmcmber William F. Webb, the following ordinance was proposed and unanimously adopted. 97-0-41 - ORDINANCE'- APPROVING SPECIAL EXCEPTION APPLICATION #SE-97-07 AUTOGROOM CAR WASH AND DETAILING CENTER VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Ums~attd, B. J. Webb, William F. Webb, Mayor Clem Nay: None CONSENT ITEMS MOTION: On motion of Councilmember Trocino, seconded by Councilmembcr B. $. Webb, the following items were proposed as consent items and unanimously adopted. 9%274 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER HILLS SECTION SA 9%275 - RESOLUTION - AUTHOI~ITJNG A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR WOODLEA MANOR, PHASE 2A 9%276 - RESOLUTION - ADOPTING THE 1998 LEGISLATIVE PROGRAM 9%277 - RESOLUTION - AUTHORIZING DECEMBER 26, 1997 AS A TOWN HOLIDAY VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None REGULAR ITEMS (g) MOTION FOR DISCUSSION ONLY: Councilmember Trocino. On motion of Councilmember B. J. Webb, seconded by After discussion this item was denied by a vote of 1-5 - 1. VOTE: Aye: Councilmember Trocino Nay: Councilmembers Buttery, Umstattd, B. L Webb, William F. Webb, Mayor Clem Abstain: Councilmember Emswiller (h) MOTION: On motion of Councilmember Emswiller, seconded by Councilmember B. J. Webb, the following resolution was proposed and unanimously adopted as amended. 9%278 RESOLUTION - AMENDING THE TAXYWAY RELOCATION CAPITAL IMPROVEMENTS PROJECT AND APPROPRIATING ADDITIONAL FUNDS VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 12. NEW BUSINESS (a) this item was referred to the January 6, 1998 Finance Committee agenda for further consideration. MOTION: On motion of Councilmember B. J. Webb, following resolution was proposed and adopted as amended. seconded by Councilmember Umstattd, the 97-279 - RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR ACQUISITION OF RIGHT-OF-WAY DEDICATION AND EASEMENTS ON PROPERTY OF INTERNATIONAL PAVILION LIMITED PARTNERSHIP, A VIRGINIA LIMITED PARTNERSHIP, FOR FORT EVANS ROAD IMPROVEMENTS VOTE: Aye: Councilmembers Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: Coun¢ilmembers Buttery, Emswiller MOTION: On motion of Councilmember Trocino, seconded by Councilmember Umstattd, to endorse ail the ISTEA projects including the George Marshall project. The motion failed. Councilmember Buttery asked that the George Marshall project be separated from the ISTEA projects and referred to the January 6, 1998 Administration and Public Works Committee agenda for further consideration. On motion of, and duly seconded, the meeting was adjourned at 10:15 p.m. Clerk of Council des E. Clem, Mayor