HomeMy Public PortalAbout1998_10_27TOWN COUNCIL MEETING MINUTES OF OCTOBER 27, 1998
A regular meeting of the Leesburg Town Council was held on Tuesday, October 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
Frank Buttery
~Leonard McDonald
Joseph R. Trocino (absent)
Kristen C. Umstattd
B. J. Webb
Bob Zoldos
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steven C. Brown (absent)
Director of Planning, Zoning and Development Michael Tompkins
Director of Engineering and Public Works Thomas A. Mason
Chief of Police Keith A. Stiles
Chief of Comprehensive Planning Jerry Mucci
Public Information Officer Susan Farmer
Assistant Town Manager for Economic Development John Henry King
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
1. INVOCATION was given by Councilmember Leonard McDonald.
2. SALUTE TO THE FLAG was led by Deputy Town Manager Gary A. Huff.
3. ROLL CALL all members of the Town Council were present except Councilmember Joseph
R. Trocino.
4. APPROVAL OF MINUTES
MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Buttery, the regular
meeting minutes of October 13, 1998 were approved as written.
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Trocino
CERTIFICATES OF APPRECIATION: A Certificate of Appreciation was presented to
Corporal Steven R. Pebler of the Leesburg Police Department for saving the life of a heart
attack victim.
6. PETITIONERS
Ms. Para Packard - a resident of Woodberry Road, N.E., addressed the Council with a drainage
concern. Ms. Packard read from a written statement which is attached and made a part of the
official record.
Mr. Mike Belles - a resident of Woodberry Road, N.E., addressed the Council concurring with
the statement made by Ms. Packard.
Ms. Winifred Rapp - a resident of 221 North King Street, addressed the Council in support of a
Teen Center. Ms. Rapp asked that a committee be formed to look into this matter.
7. PUBLIC HEARING: TO CONSIDER SPECIAL EXCEPTION APPLICATION
gSE-98-10 BY FRENZEL REQUEST FOR A LUMBER AND/OR BUILDING
MATERIALS SALES - Mr. Mucci provided the staff report.
Mr. Michael Banzhaf with Hazel & Thomas representing the applicant was present to address
any questions.
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Mr. Bruce Patterson representing the FAA asked to review the site plan for the proposed project.
The public hearing was closed. This matter was referred to the Planning and Zoning Committee
of November 4,1998.
8. COUNCILMEMBER COMMENTS
Vice Mayor Webb congratulated Corporal Pebler, pointing out that the Town of Leesburg has
many dedicated employees.
Councilmember Zoldos thanked members of the Tree Commission and Jay Banks for assisting in
the tree planting at the new fire station and Public Safety Center on Plaza Street on Saturday.
Mr. Zoldos attended the grand opening of the town' s skate park.
Councilmember Umstattd congratulated Mr. Huff on his new appointment as Town Manager of
Blacksburg, Virginia. A special meeting was scheduled on November 4, 1998 at 4 p.m. to
discuss Cornerstone Chapel.
Councilmember Buttery also congratulated Mr. Huff on his promotion. Mr. Buttery asked staff
to look into the installation of crosswalks on the north and south sides coming out of the parking
garage. Mr. Buttery attended the grand opening of the skate park.
Councilmember McDonald reported on the EAC's election of John Tolbert as their Chairman.
Mr. McDonald congratulated Mr. Huff on his promotion and expressed support of some sort of
activity center for the youth.
9. MAYOR'S COMMENTS
Mayor Clem invited everyone to attend the town's Halloween Parade on October 31, at 6 p.m.
He attended the skate park grand opening and thanked Jim Kershaw and Eric Brown for their
support in making the skate part a reality for the youth of Leesburg. Mayor Clem thanked Mr.
Huff for his years of service to the town and wished him success in his new appointment. He
suggested the Council meet in January to discuss the CIP and new projects.
10. MANAGER'S REPORT
Mr. Huff reported from the written Activity Report and thanked the Council and staff for their
support of him during his tenure with the Town of Leesburg.
11. LEGISLATION
(a) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Buttery,
the following ordinance was proposed and adopted.
98-0-29 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION gSE 98-
11 PINNACLE TOWERS, INC.
WHEREAS, Pinnacle Towers, Inc. has requested special exception approval to increase
the height of the existing tower from 169 feet to a height not to exceed 199 feet on the property
located at 310 Parker Court; and
WHEREAS, radio towers exceeding zoning district maximum height requirements (45
feet for non-residential structures in the B-2) may be authorized by special exception; and
WHEREAS, on October 1, 1998 the Planning Commission recommended conditional
approval of this application; and
WHEREAS, the applicant (PTI) and the landowner (Virginia TeleComm Towers, L.P.)
have agreed to simultaneously vacate their rights to the construction of the approved additional
tower (#SE 97-06) upon approval of this special exception by the Town Council; and
WHEREAS, the proposed use meets the general review criteria as set forth in the Zoning
Ordinance; and
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THEREFORE ORDAINED by the Town of Leesburg in Virginia as follows:
SECTION I. Special exception application//sE 98-11 Pinnacle Towers, Inc. by
Pinnacle Towers, Inc. identified in the Loudoun County land records as Tax Map 48G ((2))
Parcel 3 as shown on the Boundary Survey prepared by Ken W. Erickson, Inc. dated July 31,
1997 is hereby approved subject to the following conditions:
The maximum height of the addition to the existing tower, including any appurtenances
such as antennae and satellite dishes shall be 199 feet.
A development plan is approved by the Town prior to further improvement of the
property.
o
The applicant (PTI) and the landowner (Virginia TeleComm Towers, L.P.) agree to
simultaneously vacate their rights to the construction of the approved additional tower
(#SE 97-06).
Frontage improvements are provided in accordance with Town requirements along
Parker Court.
A 10 foot S2 type buffer yard and landscape screening is provided along the entire length
of the property boundary.
o
The applicant or its successors shall provide access to the Town, for collocation of
fire/rescue or police communications equipment if requested by Loudoun County Fire
and Rescue, Leesburg Volunteer Fire Department or Leesburg Police Department, in
writing, prior to the issuance of a zoning permit in order to allow the appropriate
jurisdiction or organization time to determine whether or not equipment should be
installed, at no cost to the jurisdiction or organization, in conjunction with the tower.
SECTION II. Approval of the special exception concept plan does not authorize
modifications to any requirements of the Design and Construction Standards Manual,
Subdivision and Land Development Regulations or Zoning Ordinance unless specifically set
forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Trocino
CONSENT AGENDA
11. (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1)
MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the
following resolutions were proposed as consent items and adopted.
98-234 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO THE
LEESBURG ZONING ORDINANCE TO PERMIT OFFICE AS A BY-RIGHT USE IN
THE I-1 DISTRICT
98-235 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO ENTER INTO A
SPECIAL ARRANGEMENT WITH THE STATE BOARD FOR COMMUNITY
COLLEGES
98-236 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT PARK VIEW ESTATES
98-237 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR GREENWAY FARM PHASE 3, SECTION 9
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98-238 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR GREENWAY FARM MEADE DRIVE AND ROUTE 15 IMPROVEMENTS
98-239 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENT AND APPROVING A PERFORMANCE GUARANTEE
~FOR WOODLEA MANOR PHASE 4
98-240 - RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE
GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR RIVER CREEK PHASE 1, SECTION lA, PHASES II AND III, SECTION 1
98-241 - RESOLUTION - AUTHORIZING A TIME EXTENSION WITH CONDITION
FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A
PERFORMANCE GUARANTEE FOR EXETER HILLS SECTION 5A & 5B
98-242 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION
OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR EXETER HILLS SECTION 5B
98-243 - RESOLUTION - INSTALLING SPEED BUMPS AND ADDITIONAL SIGNS IN
THE ALLEY BETWEEN LOUDOUN STREET AND MARKET STREET
98-244 - RESOLUTION - APPROVING A REQUEST TO MODIFY THE WILSON
AVENUE ROAD IMPROVEMENTS PROJECT
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Trocino
REGULAR AGENDA
10. (m) MOTION: On motion of Councilmember Zoldos, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted as amended.
98-245 - RESOLUTION - AUTHORIZING A STREET CLOSURE FOR THE LEESBURG
TODAY 10TM ANNIVERSARY CELEBRATION
VOTE:
Aye: Council~nembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Trocino
10. (n) MOTION: On motion of Councilmember Umstattd, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted.
98-246 - RESOLUTION - RESCHEDULING THE NOVEMBER 3, 1998 PLANNING AND
ZONING, FINANCE AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE
MEETINGS TO WEDNESDAY, NOVEMBER 4, 1998
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Trocino
12. NEW BUSINESS
12. (o) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Umstattd, the
following resolution was proposed and adopted as amended by Councilmember Umstattd.
98-247 - RESOLUTION - ADOPTING THE 1999 I~EGISLATIVE PROGRAM
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WHEREAS, Council members have identified legislative items they request to be
addressed by the 1999 General Assembly.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Town Council supports the legislative priorities for the Town of Leesburg as
follows:
mo
Acquisition of Balls Bluff Civil War Site
State funding is needed to preserve the remaining portion of the Balls Bluff Civil
War battlegrounds of approximately 50 acres and a buffer zone area of
approximately 91 acres for a total of 141 acres. The funding requested to
acquire both these properties is approximately $2,000,000.
B. Renovation and Expansion of the Thomas Balch Library
State funding is needed to renovate and expand the Thomas Balch History and
Genealogy Library. The library was designed by Waddy Woods and originally
funded by the Balch family in honor of Thomas Balch, historian, distinguished
practitioner of international law and advisor to President Abraham Lincoln. The
cost for the project is $2,000,000.
C. Underground Utilities in the Historic Downtown
Leesburg's historic downtown has been placed on the National Register of
Historic Places since 1970. As part of the continued preservation effort, above-
ground utilities must be placed underground along with replacing street lighting
to capture the historic integrity and scenic quality. The cost for this project is
$ I 0,000,000.
D. Enhanced Town Status Authority
Towns need to be granted authority as "Enhanced Towns" when services are
provided in lieu of county services. This status includes allowing the collection
of revenues to fulfill these service requirements.
VOTE:
Aye: Councilmembers Buttery, McDonald, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Absent: Councilmember Trocino
On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m.
Clerk of Council' -
J~es E. Clem, Mayor
To Mayor and Council:
October, 98
We have had a problem on the whole of Woodberry Road for some time and the
problem has been getting worse every year. We have a severe drainage problem in our
backyards with the water. When it rains the water doesn't have any place to go and it just
sits there and doesn't move. Thus we don't just have puddles but we have little lakes in
our backyards and they take days and week to dry up. This has also been detrimental to
the structure of our homes. Since other development, in particular, Brown's Meadow,
and construction on the western side of Woodberry, there has been a major increase in ~
water and no way for it to mn off. The asphalting over the years has elevated the roads k
thus adding to the problem ofmnoffon the properties. There are other flooding problems
on the western end of town that need the same kind of attention. There have been at
least 7 families on Woodberry that have already had work done on their homes as a
result of this problem and others still need work done. One summer my children could
not go out in the backyard all summer long. When we moved to this community, one of
the things that appealed to us was a nice quiet neighborhood with a private backyard that
would foster family togetherness. It is so sad that we have to depend on the weather to
enjoy being outside in our own backyard. We would not have moved in here if we would
have known of this problem. This is a problem that should have been fixed a long time
ago. We want council to put a project on Capital Improvement Plan to either prevent the
water from coming on to the properties or provide proper drainage. We need this to be
given top priority.
Sincerely,