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Home My Public Portal About1998_04_28TOWN COUNCIL MEETING MINUTES OF APRIL 28, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, April 28, 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. 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 Engineering and Public Works Thomas A. Mason Zoning Administration Brian Boucher Public Information Officer Susan Farmer Town Attorney George Martin Assistant Town Manager for Economic Development John King Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember B. 1. Webb 2. SALUTE TO THE FLAG was led by Councilmember Kristen C. Umstattd 3. ROLL CALL all members of the Town Council were present. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Councilmember Umstattd, the regular meeting minutes of April 14, 1998 were approved as written. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 5. CERTIFICATES OF APPRECIATION Mayor Clem presented a Certificate of Appreciation to Mr. Carl Emswiller of Emswiller's Pharmacy for 30 years of business service to the Town of Leesburg and Loudoun County. Mayor Clem presented Certificates of Appreciation to the members of the Mayor's Blasting Committee. Those members present receiving certificates were Karen Richardson, Fire Marshal Jeff Flippo, and Terry Lee. Those members unable to attend the meeting were Jeff Cowart and Bruce Clendenin. PROCLAMATIONS MOTION: On motion of Councilmember William Webb, seconded by Councilmember Umstattd, a proclamation proclaiming Kids Day America was proposed and unanimously adopted. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None MOTION: On motion of Councilmember William Webb, seconded by Councilmember Emswiller, a proclamation proclaiming Megan's Walk Week was proposed and unanimously adopted. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 6. PETITIONERS Ms. Cindy Welsh, Director of Parks, Recreation and Community Services for Loudoun County and Mr. Elliot Roadside, designer of the Banshee Reeks Park Master plan gave a presentation of the proposed park. -2- Councilmember B. J. Webb stated, the Town Council and Leesburg's Parks and Recreation Commission should be given the opportunity to review the plans and make recommendations to the County. Mr. John Elgin, Chairman of the Leesburg Parks and Recreation Commission, stated the commission desires to work with the County. He stated this is a tremendous resource to the town as a park. He urged the Council to work closely with the County and stated the Parks and Recreation Commission will report to the Council on its progress. The Council agreed to take a tour of Banshee Reeks. Tree Commission Chairman Kathleen Pritchard and Tree Commission member John Groothuis addressed the Council regarding the planting of 2000 trees by the year 2000 program. Ms. Pritchard requested funding of $5,000 for the purchase of trees to be planted in the town. Ms. Karen Cooper, representing the property owners on the north side of Royal Street between the Toll House Shopping Center and Harrison Street addressed the Council stating, the property owners have signed a petition requesting the Town Council to expand the downtown mixed use district to include their properties. This matter was referred to the May 6, 1998 Planning and Zoning Committee meeting for consideration. Mr. Allan Furman expressed concern with agenda item 11. (g), in that, construction is already going on along Battlefield Parkway. He pointed out that there is surface grading being done on the Echol's property on Route 621 and suggested this work be stopped until the study is complete. Mr. Furman also expressed concern with the construction of the Greenway Farm stormwater management detention pond. The S. W. Rogers Company has begun paving the surface of the access road into Greenway Drive and over the walking path. Nothing has been done to re-grade the surface of the pond since the excavation and construction was completed, The contract has expired and will need to be extended. It was agreed that the performance bond would be held until all the claims were settled to the satisfaction of the homeowners in Linden Hill as a result of the blasting. To date, no word has been received from S. W. Rogers, Winchester Homes, their legal representatives or their liability insurance companies. Mr. Furman asked what the town was going to do in relation to the homeowners settlement of the claims. Mayor Clem asked Mr. Brown to report on this issue. Mr. Hubbard Turner a resident of Bradfield Drive, addressed the Council regarding the connection of Bradfield Drive. Mr. Tamer asked that the connection be delayed until the construction of Woodlea Hills is well underway. He stated the Country Club residents have not been notified of the connection, and asked that the Town notify the residents. Mayor Clem asked Mr. Brown to report on this issue. Mr. John Burfield a resident of Bradfield Drive, concurred with Mr. Tamer's comments. He asked the Council to urge the Planning Commission to reconsider their action and if unable to get the Planning Commission to reconsider, then to keep the barricades up. Mr. Kevin Malone, owner of Tuscarora Mill Restaurant, spoke in opposition to the proposed increase in meals tax. Mr. Bob Zoldos a resident of Country Club Drive also expressed concern that a road is being built on the Echols property. He urged the Council to consider leaving the barricades up on Bradfield Drive until the construction in Woodlea Hills is complete. Mrs. Burfield concurred with her husband's comments and stated the construction on Meade Drive should begin first as stated in the agreement. 7.a. PUBLIC HEARING - TO CONSIDER SPECIAL EXCEPTION APPLICATION #SE-98-01 UN1WEST - Ms. Seigfried provided the staff report. Mr. Michael Banzhaf with Hazel & Thomas, representing the applicant was present to address any questions. Ms. Robin Pelton representing Evans Ridge Apartments, adjacent from the proposed project expressed concern with traffic and safety of the children in the apartments, as well as aesthetics. She asked the Council to take into consideration the residents of Evans Ridge Apartments to ensure safety and traffic before approving this special exception. Mr. Mark Mullins representing Rehau, adjacent from the proposed project addressed the Council stating, Rehau has verbally agreed to the three conditions listed in the special exception. -3- No additional public comment was received. The public hearing was closed. This matter was referred to the May 6, 1998 Planning and Zoning Committee agenda for further consideration. 7.b. PUBLIC HEARING TO CONSIDER SPECIAL EXCEPTION APPLICATION #SE-98-02 CARDINAL INDUSTRIAL PARK, LOT 2 - Ms. Seigfried provided the staff report. Mr. Dave Bowers, representing the applicant was present to addressed any questions. No public comment was received. The public hearing was closed. Councilmember Emswiller expressed concern that the public process is being bypassed by not keeping this public hearing open for 10 days. MOTION: On motion of Councilmember Trocino, seconded by Councilmember William Webb, the following ordinance was proposed and adopted. 98-0-07 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-98-02 CARDINAL INDUSTRIAL PARK, LOT 2, BY PAUL KRAUSS VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. $. Webb, William F. Webb, Mayor Clem Nay: Councilmember Emswiller 8. COUNCILMEMBER COMMENTS Councilmember William Webb requested a status report on the installation of lights on the new overpass. Mr. Webb stated visitors are being ticketed by the Loudoun County Sheriff's Office for not having town tags. Mr. Webb asked Mr. Brown to look into this. Councilmember Buttery spoke of the success of Leesburg's Annual Flower and Garden Festival. He congratulated the kids who are working hard to raise the funds to build the skate park in town. Councilmember Umstattd spoke of a proposed new law that would limit town's authority to limit growth. Ms. Umstattd asked Mr. Brown to check with Fairfax County for additional information on this matter and to see how the Town of Leesburg might want to respond to this matter. Councilmember Trocino commended Fire Marshal Jeff Flippo on his work with the Blasting Committee. Mr. Trocino attended a Virginia Municipal League Conference earlier in the week. He commended the 2000 trees by the year 2000 program and expressed appreciation to the Parks and Recreation Commission for their efforts in working with Loudoun County on the Banshee Reeks Park. Councilmember Emswiller congratulated Mike Carroll of the Leesburg Vintner for being awarded the Vintner of Year Award. Ms. Emswiller thanked Mr. Huff and Virginia Power for installing the flower baskets on the light poles in downtown Leesburg. She reminded everyone about the Friday Night Gallery Walk. Councilmember B. J. Webb congratulated Leesburg Today for their purchase of the former NationsBank building which will now be their new offices. Ms. Webb thanked and congratulated Mr. Rod Wood and Mr. Ed Starzinsky on the school/business partnership program. MS. Webb pointed out that Mr. Seidi's restaurant may be in violation of Board of Architectural Review standards for color. Ms. Webb suggested, those individuals receiving free passes to Ida Lee Park for planting a tree, who don't want their passes could give them to the Loudoun House Coalition for distribution. MAYOR'S REPORT - Mayor Clem congratulated Leesburg Today for their move to the former NationsBank building and commended Mike Carroll on his award. Mayor Clem also commended the town's utility department on its quick response to a broken water pipe on Dry Mill Road. 10. MANAGER'S REPORT - Mr. Brown briefly highlighted the Manager's Report. He thanked the Parks and Recreation staff and all the volunteers for the successful flower and garden festival. He thanked Councilmembers Trocino and B. J. Webb for helping him judge the high school science fair projects on April 21, 1998. 11. LEGISLATION MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Emswiller, the following resolutions were proposed as consent items and unanimously adopted. (b) 98-101- RESOLUTION - INCREASING THE TOWN'S CONTRIBUTION TO THE FIRE COMPANY FOR WATER AND SEWER SERVICE 98-102 - RESOLUTION - AUTHORIZING THE APPROPRIATION OF FUNDS TO FUEL AND MAINTAIN A SECOND BUST FOR LOUDOUN TRANSIT 98-10:} - RESOLUTION - TO LEASE PROPERTY TO CONGRESSIONAL AIR CHARTERS OF VIRGINIA, INC. 98-104 - RESOLUTION - AWARDING PURCHASE CONTRACTS FOR A BACK-HOE LOADER AND BRUSH CHIPPER 98-105 - RESOLUTION - AWARDING A CONTRACT FOR REFUSE COLLECTION 98-106 - RESOLUTION - AUTHORIZING A BATTLEFIELD PARKWAY DETAILED ALIGNMENT STUDY AND MAKING AN APPROPRIATION VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Umstattd, the following resolutions were proposed as consent items and unanimously adopted. 98-107 - RESOLUTION - AUTHORIZING A STREET CLOSING AND FEE WAIVER FOR THE LEESBURG HOST LIONS CLUB'S CLASSIC CAR SHOW 98-108 - RESOLUTION - TO GRANT CONGRESSIONAL AIR CHARTERS OF VIRGINIA, INC., A FIXED BASE OPERATOR LICENSE TO OPERATE A FLIGHT SCHOOL, AIRCRAFT RENTAL AND CHARTER BUSINESS 98-109 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS IN POTOMAC STATION SECTION lA 98-110 - RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXETER HILLS SECTION SA OFFSITE IMPROVEMENTS 98-111 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 2A 98-112 - RESOLUTION - RESCHEDULING THE MAY 5, 1998 PLANNING AND ZONING, FINANCE AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETINGS TO WEDNESDAY, MAY 6, 1998 VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None 11. (m) MOTION: On motion of Councilmembcr Umstattd, seconded by Councilmembcr Trocino, thc following resolution was proposed and adopted. 98-113 - RESOLUTION - ADOPTING A MOTTO FOR THE TOWN OF LEESBURG Councilmember Emswiller stated she prefers the original motto, and will therefore vote against the proposed resolution. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: Councilmember Emswiller 12. NEW BUSINESS -5- (o) MOTION: On motion of Councilmember Trocino, seconded by Councilmember Buttery, the following resolution was proposed and adopted. 98-114 - RESOLUTION - AUTHORIZING THE GRANT OF $10,000 TO THE CENTRAL LOUDOUN LITTLE LEAGUE FOR THE PURPOSE OF PURCHASING FIELDS AND MAKING AN APPROPRIATION VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None (p) MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Emswiller, the following resolution was proposed and adopted. 98-115 - RESOLUTION AUTHORIZING A NOTICE OF JOINT PUBLIC HEARING FOR REZONING APPLICATION #ZM-155 LOUDOUN COUNTY COURTS PROJECT BY THE COUNTY OF LOUDOUN AND THE TOWN OF LEESBURG Councilmember B. J. Webb asked that proper notification be provided to all property owners. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None (q) through (u) Councilmember Umstattd referred agenda items 12. (q) through (u) back to a budget work session to allow the Town Manager to find additional budget cuts, to not reduce the town's financial reserve to 13 percent and to not increase the tax rate. Councilmember Emswiller concurred, stating she is again.st using the town's reserve to balance the budget. MOTION: Councilmember B. J. Webb made a motion to direct thc Town Manager to find an additional 1.5 percent in budget cuts from the General Fund Balance and report back to the Council, as a whole, at a budget workses~ion on May 11, 1998. The motion was seconded by Councilmember Umstattd. VOTE: Aye: Councilmemb~rs Buttery, Emswiller, Trocino, Ums~attd, B. J. Wcbb, William F. Webb, Mayor Clem Nay: None On motion of, and duly seconded, the meeting was adjourned at 10:30 p.m. Cle~ ot J~cs E. Clem, Mayor