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Home My Public Portal About1998_01_27TOWN COUNCIL MEETING MINUTES OF JANUARY 27, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, January 27, 1998 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20175, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT J. Frank Buttery, Jr. Jeweil 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 Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Assistant Town Manager for Economic Development John King Chief of Current Planning Lee Phillips Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Jewell Emswiller 2. SALUTE TO TltE FLAG was led by Councilmember B. J. Webb 3. ROLL CALL all members of the Town Council were present. 4. APPROVAL OF MINUTES PETITIONERS 6. PUBLIC ItEARING - To consider the vacation of a front yard building restriction line at 210 Belmont Drive, S.W. Mr. Phillips presented the staff report. The applicant, Mr. Atwell, was present and stated, all his surrounding neighbors are in agreement with the request. The public hearing was closed. No public comment was received. Councilmember B. J. Webb recommended approval of this application business since no opposition has been received. during new 7. COUNCILMEMBER COMMENTS Councilmember William F. Webb asked if a portion of the no parking/yellow line on Wirt Street could be removed to allow for additional parking. Mr. Brown stated, the yellow line allows for more fluid flow of traffic on this congested street, but will see if there is room for one additional metered space. Mr. Webb asked staff to see if street lights could be installed on the new Route 7 overpass. Mr. Webb asked the Deputy Town Attorney if the Town Council can require proffers/taxes on new home construction. Ms. Welsh stated she will have to research this question and will reply to Council at a later date. -2- Councilmember Buttery stated, on February 11, 1998, at 7:00 p.m., Hope Linenger will present a lecture at the Thomas Balch Library on the archeological findings discovered at the courthouse lawn last year. Councilmember Umstattd attended a meeting of the Courts Complex Committee and reviewed the plans for the complex. Ms. Umstattd made two suggestions at this meeting; To avoid condemnation of property and to not have a full-scale cafeteria in the new complex. Ms. Umstattd met with George Barton of Shenandoah University to discuss the university's proposal to use the old hospital site on Cornwall Street. Ms. Umstattd stated she has received several phone calls regarding the noise created bom scaring the buzzards. Ms. Umstattd congratulated Councilmember B. J. Webb on the fine campaign she ran for the delegate's seat. Councilmember Trocino also congratulated Councilmember B. J. Webb on the recent delegate race. Councilmember Emswiller commented on the successful downtown roundtable meeting held on January 20, 1998, and reminded everyone of the Friday night Gallery Walk to be held on February 6, 1998. Councilmember B.J. Webb thanked everyone for their support during the delegate's race. Many people expressed concern regarding where the election was held and how quick the election took place. 8. MAYOR'S COMMENTS Mayor Clem also congratulated Ms. Webb for running a fine campaign. He thanked Ms. Umstattd for her comments regarding the courts complex and reported on the Martin Luther King walk and its success. 9. MANAGER'S REPORT - Mr. Brown briefly highlighted the Manager's Report. 10. LEGISLATION 10. (a) MOTION: On motion of Councilmember Emswiller, seconded by Councilmember Buttery, the following ordinance was proposed and adopted as amended by Councilmember Umstattd. 98-0-1- ORDINANCE - AMENDING SECTION 15-57, 15-58, AND 19-45 OF THE TOWN CODE VOTE: Aye: Councilmembers Buttery, Emswiller, Webb, Mayor Clem Nay: None . Trocino, Umstattd, B. J. Webb, William F. Councilmember Buttery asked staff to notify everyone, by letter, who will be affected. Councilmember Emswiller also suggested placing this on the cable channel. 10. (b)MOTION: On motion of Councilmember William F Webb, seconded by Councilmember Emswiller, the following resolution was proposed and adopted. 98-17 - RESOLUTION AUTHORIZING A CONTRIBUTION TO THE LOUDOUN MUSEUM FOR THE CELTIC -3- VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 10. (c) through 10. (j) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember B. J. Webb, the following resolutions were prOposed as consent items and adopted. 98-18 - RESOLUTION - AUTltOlllZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION SECTION 5 98-19 - RESOLUTION - ACCEPTING ~ PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT TIlE MIDDLEBURG BANK 98-20 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING TItE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT Tlllg MIDDLEBURG BANK CATOCTIN 98-21 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING TItE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT POTOMAC STATION SANITARY OUTFALL LINE A 98-22 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT RIVER CREEK PARKWAY WATERLINE RELOCATION 98-2:5 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY FARM PUBLIC RECREATION CENTER 98-24 - RESOLUTION - AUTHORIZING A TI3tIE EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY FARM SECTION 5 98-25 - RESOLUTION - AUTHORIZING A MILLENNIUM ADVISORY COMMITTEE VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Abstain: Councilmember Trocino from 10. (h) and 10. (i) lO. (k) Councilmember William F. Webb stated he disagrees with renting the Council Chambers and asked that the resolution be amended to strike rent and insert use. MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Umstattd, the following resolution was proposed and adopted as amended by Councilmember William F. Webb. -4- 98-26 - RESOLUTION - AUTHORIZING Ti:lE USE OF THE COUNCIL CHAMBERS VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None NEW BUSINESS: 10. (1) MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Umstattd, the following resolution was proposed and adopted. 98-27 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR FORT EVANS SHOPPING CENTER - PHASE 1 VOTE: Aye: Councilmembers Buttery, EmswiHer, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 10. (m) MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember B. J. Webb, the following resolution was proposed and adopted. 98-28 - RESOLUTION - MAKING AN APPOINTMENT TO THE CABLE COMMISSION VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 10. (n) MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmember Buttery, the following resolution was proposed and adopted. 98-29 RESOLUTION - MAKING AN APPOINTMENT TO THE TREE COMMISSION VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 10. (o) MOTION: On motion of Councilmember Buttery, seconded by Councilmember Emswiller, the following resolution was proposed and adopted. 98-30 RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 10. (p) MOTION: On motion of Councilmember B. J. Webb , seconded by Councilmember Trocino, the following resolution was proposed and adopted. -5- 98-31 - RESOLUTION - AUTHORIZING TIlE USE OF ~ COUNCIL CHAMBERS VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 10. (q) MOTION: On motion of Councilmember B. J. Webb , seconded by Councilmember William F. Webb, the following ordinance was proposed and adopted. 98-0-2 - ORDINANCE - APPROVING A REDUCTION IN THE BUILDING RESTRICTION LINE FOR LOT #12 OF THE PROSPECT HILLS VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmember Trocino, 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 purpose of this Executive Session is to conduct and interview of a candidate for a board or commission vacancy. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 98-32 - A RESOLUTION: CERT~YING EXECUTIVE SESSION OF JANUARY 27, 1998 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: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None -6- MOTION: On motion of Councilmember Emswiller, seconded by Councilmember B. J. Webb, to reconsider agenda item 10. (k), waiving the rent for the church's use of the Council Chambers. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, B. $. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Umstattd MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmember Buttery, to charge rent for the church's use of the Council Chambers. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Umstattd DISCUSSION: Significant discussion was held on how to use the Uran contributions. MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmember Emswiller, the $1.25 million contribution from Mr. Uran is to be placed in trust. The principal will be preserved and the interest shall be used to offset the land acquisition debt service when and if the Town Council purchases a site for the Leesburg high school as agreed to by Town Council and other items as determined by this and future Town Councils in conformance with the wishes of Mr. Uran. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Umstattd On motion of, and duly seconded, the meeting was adjourned /=°ra'James E. Clem, Mayor Clerk of Council ·