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Home My Public Portal About1999_06_08TOWN COUNCIL MEETING MINUTES OF JUNE 8, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, June 8, 1999, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Vice Mayor Webb. COUNCILMEMBERS PRESENT Frank Buttery Mervin Jackson Leonard McDonald (arrived at 7:40 p.m.) Kristen Umstattd B. J. Webb Bob Zoldos Mayor Clem (arrived at 8:20 p.m.) STAFF MEMBERS PRESENT Acting Town Manager Paul E. York Director of Engineering and Public Works Thomas A. Mason Zoning Administrator Brian Boucher Planner Stacey Rothfuss Assistant Town Manager for Economic Development John Henry King Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION: Councilmember Zoldos 2. SALUTE TO THE FLAG: Eagle Scout Ryan Blackburn 3. ROLL CALL: All members of Council were present. McDonald and Clem arrived late. 4. APPROVAL OF MINUTES: MOTION: On motion of Jackson, seconded by Buttery, the regular meeting minutes of May 25, 1999 and the special meeting minutes of May 18, 1999, were approved as written. VOTE: Aye: Councilmembers Buttery, Jackson, Umstattd, Webb, Zoldos Nay: None Absent: Councilmember McDonald and Mayor Clem CERTIFICATE OF APPRECIATION Vice Mayor Webb presented a Certificate of Appreciation to Miss Devin Jackson for being selected to represent Virginia in the first annual Juvenile Diabetes Foundation International Children's Congress in Washington, DC, June 20-22, 1999 6. PETITIONERS Mr. Don Stebbing, a residen~ on Edwards Ferry Road, addressed the Council requesting stop signs at Catoctin Circle and Edwards Ferry Road and Woodberry and Edwards Ferry Road. He stated he will provide the Council with a formal proposal of this request in the near future. Mr. Chuck Thornton, Chairman of the LEDC's Downtown Committee, addressed the Council requesting that the hanging flower baskets be extended to Loudoun/South King and West Market Streets. He pointed out that approval has been received from Virginia Power to hang the baskets on the poles. Mr. Thornton also asked the Council to consider legislation designating appropriate days for displaying the American Flag in downtown Leesburg. 7. PUBLIC HEARINGS: a. To consider the opening of connections to existing streets constructed as part of the Exeter Hills Subdivision in Northeast Leesburg - Mr. Mason provided a brief staff report. Mr. George Seymore, a resident of North Street, requested that the streets be opened and the barricades be removed at North Street. He cited safety reasons. Mr. Seymore stated the 75 residents who signed the original petition, requesting the streets be opened, still stand behind the request of petition. Mr. Paul Kriengold, a resident of 207 Catoctin Circle, addressed the Council opposed to opening any of the streets until all improvements are completed and all of the streets are opened at the same time. Mr. Kriengold stated, the streets are too narrow and have no sidewalks. Mr. Kriengold referenced the 1995 resolution adopted by the Council that states no roads will be opened until all the improvements are completed. Mr. Wayne Wilmot, a resident of North Street, addressed the Council, reading the 1995 resolution. Mr. Wilmot is in favor of the 1995 resolution. Ms. Marilynn Cushman, a resident of 306 North Street, expressed support of the 1995 resolution. Ms. Rosemary Conroy, a resident of 215 Catoctin Circle, addressed the Council opposing the opening of the streets until all of the improvements are complete. Mr. Dan Piper, a resident of 224 Washington Street, expressed support of removing the barricades, stating the streets would be safer if the barricades were removed. Mr. Gene Shearsman, a resident of 412 Blueridge Drive, addressed the Council opposing the opening of the streets until all of the improvements are complete. He stated there is too much foot traffic, stroller and walking activity to open the streets without the needed improvements. Mr. Gus Glikas, a resident of 308 Appletree Drive, and Chairman 'of the Leesburg Planning Commission, expressed support of opening the streets. He stated safety is a concern but can be addressed. Mr. Rufus Campbell, a 36 year resident of 219 Catoctin Circle, opposed the opening of the streets until all improvements are made. Mr. Gary Carlisle, a resident of 122 Plaza Street, N.E., addressed the Council in favor of opening the streets. The public hearing was closed. This matter was referred to the June 15, 1999, Administration and Public Works Committee agenda for further consideration. 7. b. To consider various amendments to the Leesburg Zoning Ordinance - Mr. Boucher provided the staff report. No public comment was received. The public hearing was closed. This matter was referred to the June 15, 1999, Planing and Zoning Committee agenda for further consideration, 8. COUNCILMEMBER COMMENTS Councilmember Zoldos stated the IT Committee has met twice and is moving right along with its mission and objectives. Councilmember Jackson attended the Planning Commission meeting. He attended Ryan Blackburn's Eagle Scout ceremony. Mr. Jackson reviewed the RFP for the hospital re-use project. Councilmember Umstattd attended the Memorial Day ceremony hosted by the VFW. She stated this was the largest crowd in 6 years. General Williams did a great job speaking at the Ceremony. Councilmember Buttery agreed with Mr. Thornton and his request for displaying the American Flag. He encouraged attendance at this weekend's Celtic Festival. He asked everyone to look after their elderly neighbors during the hot weather and encouraged residents to conserve water whenever possible. Councilmember McDonald echoed Councilmember Buttery's comments regarding water conservation. He stated he hoped the parking issue at the high school and surrounding neighborhoods is resolved soon. Thursday, the Cable Commission will meet to discuss the cable franchise. Vice Mayor Webb attended the scholarship awards assembly at the high school where Edward Adam Mosoleski was presented with the John Tolbert, Jr., Scholarship. Ms. Webb will be meeting tomorrow with the new president of the student council to discuss the parking issue. She echoed the comments made regarding the Memorial Day ceremony. Ms. Webb met with representatives of the Loudoun Hospital to discuss the RFP for the re-use of the property.. She 2 will be meeting with neighbors tomorrow to discuss the proposed parallel access road on Route 7. 9. MAYOR'S REPORT Mayor Clem attended the Memorial Day Ceremony. He asked Mr. York to have the Utilities Department look into the town's water situation, noting the water shortage in Round Hill. Mayor Clem met with representatives of Loudoun County regarding draft legislation dealing with parking regulations, student ratio and number of parking spaces. He stated the County has pledged their full support regarding this issue. He met with the school board earlier this evening regarding the parking situation at the high school. An additional 80+ parking spaces will be made available for next year. Mayor Clem congratulated Eagle Scout Ryan Blackburn. He attended the grand opening of Country Collections. 10. MANAGER'S REPORT Mr. York apologized for the oversight with regard to not displaying the American Flag on Memorial Day. He referenced the written Activity Report and reminded the Council of the upcoming VML Conference in Williamsburg. 11. LEGISLATION: (a) MOTION: On motion of McDonald, seconded by Zoldos, the following ordinance was proposed and adopted. 99-0-14 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-99- 01 MEADOW GLEN OF LEESBURG BY RICHARD MCCLELLAN Councilmember Jackson stated his concern that the application is not compatible with the neighborhood remains, therefore, he will vote against the application. Councilmember McDonald stated, "after talking with several people in the neighborhood and even personally talking to a few, two people in particular who were opposed to this very adamantly in the beginning - after chatting with them both after the public hearing and one meeting since then, their position is one where they are not opposed to this use. Especially since all the other - the long list of conditions that have been attached including the tree preservation areas - including the fact that an older home is going to be kept and restored. I have found that the strong opposition is gone. The comments that I am getting now is - it certainly would be better than 8 to 10 houses which could absolutely without a doubt be built on that piece of property. I will be supporting it since one of the people who was most adamant in calling me against it at first has now taken the position that some of the things - rumors that she was hearing were not true. I will be supporting it." Mayor Clem echoed Mr. McDonald's comments, "and the fact that I have talked to a lot of people that were opposed to'it. They have since come around with a different view after all the facts were laid on the table. I did desire to talk to an individual today but could not reach him. Because I think he was not for it and he was supporting the view of someone else. I will support it." Councilmember Zoldos thanked the applicant for his participation and hard work on this application. He will support the application. VOTE: Aye: Councilmembers Buttery, McDonald, Webb, Zoldos, Clem Nay: Councilmembers Jackson, Umstattd (b) MOTION: On motion of Umstattd, seconded by McDonald, the following ordinance was proposed and adopted. 99-0-15 - ORDINANCE - AMENDING THE PERSONNEL MANUAL BY ADDING SECTION 12.1-102 DISCLOSURE OF VIOLATIONS VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None (c) MOTION: On motion of Clem, seconded by McDonald, the following ordinance was proposed and adopted. 99-0-16 - ORDINANCE - AMENDING CHAPTER 2.1 OF THE TOWN CODE VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None CONSENT LEGISLATION: (d) through (1) MOTION: On motion of Jackson, seconded by Buttery, the following resolutions were proposed and adopted. 99-172 - RESOLUTION - INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE REGARDING PARKING REQUIREMENTS FOR PUBLIC AND PRIVATE SCHOOLS 99-173 - RESOLUTION - INITIATING REVISIONS TO ARTICLES 7 THROUGH 11 OF THE TOWN OF LEESBURG DESIGN AND CONSTRUCTION STANDARDS MANUAL 99-174 - RESOLUTION - SETTING A PUBLIC HEARING DATE - LOUDOUN STREET GROUND LEASE AND INFILL DEVELOPMENT 99-175 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK, LANDBAY G, PHASE III, SECTION 3 99-176 - RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN LEESBURG CORNER PREMIUM OUTLETS PHASE ONE 99-177 - RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN LEESBURG CORNER PREMIUM OUTLETS FORT EVANS ROAD TRAFFIC SIGNAL 99-178 - RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN LEESBURG CORNER PREMIUM OUTLETS FORT EVANS ROAD IMPROVEMENTS 99-179 - RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN LEESBURG CORNER PREMIUM OUTLETS ROUTE 15 IMPROVEMENTS 99-180 - RESOLUTION - CANCELING MEETINGS OF THE LEESBURG TOWN COUNCIL FROM MONDAY, AUGUST 16, 1999, THROUGH FRIDAY, SEPTEMBER 3, 1999, TO OBSERVE SUMMER VACATIONS VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 11. (m) was not used. 12. NEW BUSINESS The public meeting was adjourned at 9:00 p.m., and the Council convened in Executive Session. MOTION: On motion of, and duly seconded, 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 (3) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss the acquisition of land for the Balls Bluff Civil War site. 4 VOTE: Aye: Nay: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem None MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 99-181 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF JUNE 8, 1999 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. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None On motion of, and duly seconded, the meeting was adjourned. Clerk of Council ~es E. ~lem, Mayor