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HomeMy Public PortalAbout1999_07_27TOWN COUNCIL MEETING MINUTES OF JULY 27, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, July 27, 1999, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. COUNCILMEMBERS PRESENT Frank Buttery Mervin Jackson Leonard McDonald (arrived at 7:35 p.m.) Kristen C. Umstattd B. J. Webb Bob Zoldos (absent) Mayor Clem STAFF MEMBERS PRESENT Acting Town Manager Paul E. York Director of Planning, Zoning and Development Michael Tompkins Director of Engineering and Public Works Thomas A. Mason Director of Utilities Randolph W. Shoemaker Chief of Comprehensive Planning Jerry Mucci Planner Stacey Rothfuss Deputy Town Attorney Deborah Welsh Public Information Officer Susan Farmer Clerk of Council Barbara Markland 1. INVOCATION: Vice Mayor Webb 2. SALUTE TO THE FLAG: Councilmember Jackson 3. ROLL CALL: All members of Council were present except Councilmember Zoldos. 4. APPROVAL OF MINUTES: MOTION: On motion of Jackson, seconded by Webb, the regular meeting minutes of July 13, 1999 and the special meeting minutes of July 20, 1999 were approved as written. VOTE: Aye: Councilmembers Buttery Jackson, Umstattd, Webb, Clem Nay: None Absent: Councilmembers McDonald and Zoldos 5. PETITIONERS: Mr. George Seymour a resident of North Street stated he has been before the Council on several occasions in reference to the same issue that he wishes to talk about again this evening. He thanked Councilmember Jackson for the way he serves the community. Mr. Jackson drives through the neighborhood, reviews the issues and returns our calls in a timely manner. "We appreciate the way Mr. Jackson responds to the citizens when they ask for his assistance. While on the subject of voicemail, the only request that I have for the Council is that if its not going to be used, please don't publish the numbers any more for people to call it. We've been calling the voicemails for two weeks and only after we called members of Council at home or at their places of business did we get calls returned to us. This would save an expense to the town - an expense that is being spent on something that doesn't appear to us to be used." Mr. Seymour pointed out that on May 11, 1999, he presented the Council with a petition containing over 75 signatures to have the barricade removed on North Street that separates the new section from the old section. He stated he was told that this was the proper procedure to follow, "and that several members of the council were in agreement with me in private conversations that this was probably a situation that deserved consideration and was a situation of merit. There were 75 signatures on the petition and all of these people still feel that their names should be on the petition. They are still concerned about the situation and would like to see some action done on it. The next step in the formal process was to conduct a public hearing - which we did have. At that public hearing those in opposition and in support voiced their opinions. The residents along Edwards Ferry Road also appealed to the Council to do something about the traffic situation in the northeast corridor. Additionally, there were speakers from Mayfair, Washington, Catoctin Circle and Blueridge Avenue. All of them wanted the capital improvements promised to them in the 1995 resolution adopted by this Council. All that has happened in reference to this resolution from four years ago is Mayfair Street was completed and then barricaded. Mr. Mason made a presentation at the public hearing and at no point in time did he state any reason why the streets could not be opened or at least partially opened. At the same time a member of the Planning Commission expressed the same point of view. To the best of my recollection no one offered any resistance to having those barricades removed from North Street." Mr. Seymour stated, "at this point, we all figured that it was just a formality for the ten day waiting period to see if anyone else came forward and expressed a concern about the barricades. We have had conversations with members of the Council since then and at no point in time were we told that anyone came forward and opposed having those barricades removed. Nothing could be farther from the truth, as far as removing these barricades. The only thing missing with all the dancing that has taken place has been the band. We have contacted every member of the Council that we can by voicemail and in person at their place of business. We received either non-answers or half answers. When we have gotten an answer we haven't been able to take it back to those 75 petitioners. They keep asking us, as their representatives, what's happening? And we don't have an answer for them. The people who signed the petition want to know and so do I." Mr. Seymour stated, "I looked at the 1995 resolution and at the rate this is going for the town improvements to be made, I figure somewhere around the year 2020 there might be an outside chance that North Street might be open. So doing that math, I figure its time to come back to the Council one more time and ask you to reconsider this resolution - which at the time might have been relevant. But no one had the foresight to judge 5 years down the road what was going to happen with that development and the progress that was going to be made with the streets - or the lack of progress. I would hate to be sitting on this Council if a resident of the North Street area that is blocked by all these barricades had to have fire or rescue come and they were impeded by the presence of barricades that aren't there for any legitimate reason." Mr. Seymour stated, "I've played by the rules. I've spent a lot of my time before the Council, talking to people in the neighborhood, trying to get in touch with members of the Council and the only thing that has come back to me is that there is this resolution. This one little page needs to be rescinded or re-addressed and made appropriate for today because it is five years-old and has made no progress." Ms. Abigail Seymour a resident of North Street stated, "this past year, my senior year of high school I did something very special and important in my life. I registered to vote. I now have obtained the privileged of participating in our legislative system by voting for the person I feel best represents me. My vote counts now and I must say that up until this past year I was fairly naive as to who I would vote for. I felt that being a nice person was the number one qualification for getting into office. But now as I've sat back and watched the charade of which has gone on about removing a pointless barricade of which is directly in front of my house - I have learned otherwise. Being nice is not necessarily what I want in office." Ms. Seymour stated, "I will vote for someone with determination, honor, integrity, intelligence and someone who cares enough about its town people, the people they represent, as to tell them the truth. Don't tell me what ! want to hear just to make me happy unless your going to follow through on it. Tell me the truth." Ms. Seymour stated, "And what disturbs me even more as a young voter is that the residents of North Street have been misled many times. We've been informed by some members of the Council that there is no reason for this barricade to be there. Yet it is still there. We've been given misleading information about the reasons of our neighborhood being segregated and we've also been given false information on when the issue will be decided on." Ms. Seymour stated, "The fact that this barricade has been up since North Street has been opened is ridiculous mainly because there is absolutely no good thought out, logical reason why it can't be removed, unless of course you just enjoy putting up obstacle courses around town. North Street is a main street, it is paved, has sidewalks, heads straight into the heart of town - of course it takes us an additional 5 minutes to get there because of this unpleasant little detour - and people pay taxes on it. Call me crazy but maybe the people that pay taxes on it might want to use it." Ms. Seymour stated, "In closing, I would like to ask that everybody in this room including the Council please feel free to drive down to North street and admire the lovely view of these barricades and also take notice of the fact that we are pretty much trapped in there. Not only is this unsafe to us, it is ugly and an embarrassment. As a citizen and voter of this town, I truly hope this issue is resolved soon." Ms. Jessica Seymour a resident of North Street stated, "My sister and I were born and raised in the Town of Leesburg. My parents have lived here for nearly 30 years. I have a great uncle, Franklin Hinkle, who has lived here for 40 years and none of us - not one can figure out why we still have to look at this ugly barricade in front of our home. We have sidewalks. The street has a final paving and our taxes pay for this road. A public road that is impossible to use without adding extra time and I sure don't want a police cruiser or an ambulance to have to add extra time to get to any of the residents in our neighborhood." Ms. Seymour stated, "I have been awakened in the middle of the night because some kids have decided to use the barricade as sort of a block party. They line their cars up to have a little get together right in front of our home. I have also seen, a guy in order to get to a friends house on our side, drive his truck over the sidewalk, across our driveway and through our lawn. Thank God none of us were standing in our yard at the rate of speed this guy was going. It could have been tragic. Our neighbors directly across the street have also had the same thing happen and our next door neighbor on the old side of North Street have had the same thing happen. Motorcyclists do it as well. And if somebody is backing out of their driveway they could be hit. These barricades are accidents waiting to happen, especially the main one on North Street. Like I said, I'm a native Leesburgian, a taxpayer and a registered voter. I urge all of you to do what is right. Not necessarily the popular vote but the correct choice. Please take down the barricades tomorrow." Mr. David Hussey a resident of North Street stated, "I too have to bare the sight of this barrier each and every day. I'd like to take a more pragmatic look at this thing and ask the big question. If this barrier was removed today, would there be a compelling reason to put it up? What I did is I looked and thought, maybe perhaps there's a traffic problem out here that would cause people to have an accident. I couldn't find any. The second thing I thought about was, maybe we're trying to do some traffic smoothing or calming to prevent speeders or prevent a lot of through traffic down the street. I haven't seen it. As a matter of fact there is a stop sign right at the corner of Catoctin and North Street that does that very thing. It makes people stop - they then see the barrier and have to make a U-turn in the middle of an intersection in order to get back out to Edwards Ferry Road, back out to Washington Street and then back up to get onto North Street. The other question that I have a lot of concern about is - well perhaps we have a lot of children in the neighborhood and it would make sense to prevent a lot of through traffic for their safety. What is happening today is even worse. Now we have traffic going both ways up and down the street. We have a car that comes all the way up the street that could be a potential harm to the children but then they have to turn around and go back the same route once again putting our children's safety at risk." Mr. Hussey stated, "I really don't see this as a major issue. Maybe there is something I've missed. I don't know. All I can tell you is that we see absolutely no safety reason for this to be up. We understood that in the beginning that this barrier was put up to prevent a lot of construction traffic from the homes that were being built that we bought. All of that construction is done on North Street. It is finished. There is no other access to our street except for a couple of houses on each perpendicular street. Almost all the other residents are using Plaza Street in order to exit out of the housing area. All the construction is being routed down another street far south of where we are at." Mr. Hussey stated, "So I just could not come up with a really good reason of why the barrier should be there. So all I ask is that the Council take one moment to consider - if the barrier wasn't there would it be so compelling for this Council to pass a resolution to put one up? I think you will come to the conclusion that the answer is no. There is no reason. I humbly request and ask that you remove this barrier so that it will not impede my travel and it will allow us to enjoy our community that we have spent a lot of money and hard work on and have earned our way into this wonderful community." Ms. Denise Regan a resident of North Street stated, "In May the residents of North Street came before you to ask that the barricade be removed. Our reasons for wanting this barricade removed are varied. However, I feel the most important issue relates to the access of the 400, 500 and 600 blocks of North Street by emergency service vehicles. The majority of the families that live in these blocks have one or more children and the majority of these children are under eight years of age. At this time there is only one entrance to North Street. If at some point fire, rescue or police service is needed by our residents the emergency service personnel may not be able to access our street due to the barricade. The precious time they would waste trying to find the only open entrance to our street could mean the difference between life and death of either a child or their parent." Ms. Regan stated, 'Where are other issues as well. The question of town liability if such a situation were to happen because of the barricade. The issue of snow removal, street cleaning and other services which we are paying taxes for and not receiving. Then there is the convenience issue. I can always expect service personnel, be it the electrician, painters, or delivery drivers to be at least 20 minutes late as they try and find the only entrance to my street by going down Plaza. This has happened to me no less then 5 separate occasions. As you know, the first public hearing was in May. It is now almost August and this issue hasn't been settled yet. Everything has gone through the proper channels. We produced a petition with over 75 signatures. There was no opposition at the May hearing. Significant funds do not need to be appropriated. In fact the town is spending more on maintenance of these barricades then it would cost to remove them. The street has been surfaced properly and the Mayor and Councilmembers have expressed support in the past. So why has this issue not been voted on? It takes 5 minutes to take a vote. As far as we can see there is not logical explanation for the delay. I ask you to take care of this now so that I can sleep easier at night knowing that my 2 year-old son is as close to help as he can be." Mr. Brian Riley a resident of North Street requested the barricades be removed, stating there are no legal reasons for the barricades to be there. Mayor Clem stated, "I would like to take a minute to step through each one of those allegations. First thing, I apologize to you all for the voicemail. I had an opportunity to talk to your wife (Mrs. Seymour) and I explained that I don't like this phone system. When I call I want a voice on the other end. I do not like being chased around the building by pushing zero. To that end, I asked that my voicemail be changed so that when anyone calls here for me, if I am not in the building, they are to call me at either my employment, my home or my pager. I make myself very accessible to all the public. Unbeknownst to me, either a member of staff didn't change the voicemail or it did not take. One or the other. And I thank you for calling me at the office so that ! could at least understand the problem and explain my position." Mayor Clem stated, "We don't own those streets. The Town of Leesburg does not own those streets yet. We have no authority over those streets. We have no liability on those streets. We won't have that until around September when the builders of those homes and the streets come before us and ask that they be dedicated and put into our system. We are not responsible for plowing the snow or repairs of any street out there but once they come into our system. We've bought the farm. We have to do everything. That's why we want that punchlist clean. It's the taxpayers that pay the bill when we accept something less than top quality. We have paid that price dearly with water and sewer lines. Because once dirt is over them we can't see them. We've gone to the extent of buying cameras that can go up those lines and check them thoroughly. The same thing is applicable to streets and sidewalks, curbs and gutters. Mayfair has been completed. Mayfair was built properly to begin with. It had curb, gutter, sidewalks. The only thing that had to be done at Ma]flair was tie it in. They have tied it in. But now that it is tied in and blocked off - you are right they are destroying trucks, buses our own equipment goes up Mayfair - there is no connection to any other street. Meanwhile they are tearing up other people's yards, their aprons and you know we have a problem there. So we are going to have to work through that." Mayor Clem stated, "I asked Mr. Mason this week, since we had an agreement with the citizens of the northeast quadrant that those streets not be opened until which time all of them were ready to be opened so that the traffic would be dispersed evenly opposed to one street taking the burden of the load. None of the streets - Washington, Queen, Prince, Woodberry ~ Woodberry probably is the better of all the streets but it has the most dangerous intersection when you get to Edwards Ferry Road. Catoctin Circle is the one that is going to take the biggest blunt of this traffic. And we know that. It is getting the complete buildout of curb and gutter and sidewalk along with the other streets that are being widened and fixed. Prince Street cannot handle additional traffic today. Take a look at Prince Street. The line of sight at Edwards Ferry Road is poor. If you take a look at the sides of the street - if any one gets too far to the right if your coming from north to Edwards Ferry Road you can literally tear a tire off a car. I have asked that we look at Prince Street as being one of the first street that we get repaired. North Street should be under construction as we speak. Harrison, a very dangerous intersection. It has a hill and no sidewalks and you have a lot of people walking. We are spending somewhere around $70,000 to build that sidewalk and fix that street so that it can handle the traffic." Mayor Clem stated, "We do have an agreement with the citizens out there in the established neighborhoods, prior to those homes being built or about the time they were being built:' Not to connect until they were all opened. This Council will have to decide how they are going to handle that. ! only want to set the record straight as to why things are happening right now - they are slower you'd like to see them happen." Mayor Clem stated, "Fire and rescue, having been a member of the fire company for 20 years, I'll tell you right now I could be at your house faster - the way its built - my route of travel is going to be Plaza and North. There is no way that I would run any other way it would be a waist of time. Same thing with the rescue squads. If they don't run Plaza and come up North then they are wasting time." Mayor Clem stated, "Barrier maintenance. That bill is going or it better be going to the people who are obstructing that road, And ! want to have a report on that. When those barriers are tore down I hope it is not taxpayer money paying to put them back up. It is the responsibility of that development. Paul, I would like to have the police department notified immediately, if not sooner, if there are parties going on out there or any obstruction in the evening, crowds gathering that's causing any discomfort to these citizens, I want us to know about it and proper action taken. And ! want the police department to monitor that." Mayor Clem stated, "This Council is not dragging its feet. This Council cannot do anything. Its in the hand of the developer. And until they bring their paper work into this town to Tom Mason, who then will have his crew go out and review the work to make sure that all the curbs, gutters, sidewalks are done properly or we can't except them into our system. Because as ! said a minute ago, once we accept them we've bought them. And anything that goes wrong we have to pay to have them repaired. And I don't want to see and I don't think any one in here wants to see our taxpayer money used to fix something that a developer should have done properly the first time. And that's the reason why progress has been a little slower then what you all would like to see. I don't blame Council - they can't act any faster then the developer allows us." Councilmember Buttery stated, "Your Honor I agree with very much of what you had to say. This has been a tough issue. As Mr. and Mrs. Seymour know, that are neighbors of mine. They live 2 doors down from me. Its no secret. I live on one side of the barricade and they live on the other side of the barricade. I go back 4 or 5 years ago when we were dealing with the issue with respect to all the roads down there being tied in and opened up. At that point in time, this Council or many members that were sitting on Council at that time, we were faced with the dilemma where most of the residents in the area did not want the streets opened at all. The Town Plan has been in existence for many years with respect to that area of having Catoctin Circle being tied in to the subdivision north of yours. There was a lot of opposition to having Catoctin Circle opened up. In conversations I've had with Mr. Seymour there was an indication in other areas of town that the streets were not opening and I agreed that that was probably a mistake. At that time 4 years ago we were in a situation of making sure that the streets were going to be all opened up at an appropriate time. The folks that lived in the areas of Queen Street and the old section of Catoctin Circle, Prince Street and other areas down in that area were concerned about their neighborhoods as you all are concerned about your street. We worked on that issue very hard. We had a couple of different public hearings at that time. We reached a resolution that we felt was appropriate at that point in time. And there is no question and I've indicated to Mr. Seymour that in our conversations that things could change in the future. There is no question about that. But with respect to the sentiment that I'm getting from folks that live in that area, they were assured so they have indicated to us that those barricades would not come down until all the streets were opened at one time. Is it a timely situation? Its a hard issue. I can fully appreciate your situation. We are trying to balance the situation best we can. At least from what I'm viewing. And not to get into a situation of how the procedure works but I know that when Ms. Seymour spoke with me I indicated to her what the process should be with respect to coming to Council. You all followed that and did a beautiful job. There is no question about that. As I understand it there is not sentiment from the Council at this point in time to open those streets up. If there is I'm hearing differently at the diocese then what other people are hearing. That doesn't mean that it couldn't be opened up in the future but at this point in time it is my understanding that the improvements are slated to be had in that area are coming on line next year." Mr. Mason stated, "the preliminary design is just getting underway. We expect to have the project ready to go out and construction begin in 9 to 12 months." Councilmember Buttery stated, "But this is certainly the place to come with any grievances. That's what the government is all about. And you've certainly done that. Unless a member of Council wants to put it back on the agenda for further discussion - it can go back to the Administration and Public Works Committee. I know that the Mayor had talked about the possibility of looking at Mayfair and that situation. At the last Administration and Public Works Committee - and most of the members were either there at that time or poled and there was not sentiment to open the streets at this time. At least that is my understanding from speaking with members of Council and the public." Mayor Clem stated, "I guess I don't understand how I can vote to open a street that I don't own." Councilmember McDonald stated, "My vote last week as you all know I agreed to keep the streets closed. But I did question North Street and that's the position that I told Mr. Seymour when he called me because I had feelings that that street is opened - it is prepared, its ready. Taking the barricade down on North Street alone will not interfere with keeping the barricades up on the others. It is a matter of changing a few words in that memorandum. I am concerned if we as representatives bury our feet in concrete and cannot change with the situation changes. So I will definitely be bringing it back up for a vote because if Mayfair can be taken down then North Street certainly can." Mayor Clem stated, "I think you need to go out and drive those 2 streets. You'll find that they are totally different. But that is beside the point. The point I want to make to you Mr. McDonald is that we don't own those streets yet and until which time they are brought into our system I don't know that we have the right to vote to open them. I would have to ask for a legal opinion on it. I would ask that Debbie provide us with a legal opinion on that." Mr. Hussey stated, "I think the Councilmembers have forgotten that we are the voters. We are the taxpayers. We pay a property tax to the town. We pay a property tax to the county and to the state for use of our property. We are paying water fees but certainly this board has some kind of overreaching authority to make these changes. If you don't own these streets and you don't own this property then why are we paying taxes on it? I don't understand. The bottom line is that we are voters. We are taxpayers and we are simply asking for an easement of this barrier from North Street. We are not asking for any major re-routing of traffic. We just want this eyesore out of the way. This just does not wash. You tell me that you are supporting the taxpayers. We are it. We are taxpayers and we are voters. We have 75 people that signed the petition that said please remove the barrier. If you don't own the property then why are we paying taxes on it. Why aren't we giving our money to Hovnanian or whoever owns the property." Mayor Clem asked Deputy Town Attorney Deborah Welsh to provide an opinion by this weekend. Vice Mayor Webb stated, "I have had several calls from homeowners and I know that my voicemail correctly says don't call me here at the office I don't have an office here, call me at home. And certainly in the last 3 weeks recovering from my crash some of the folks were kind enough to call me at home and others left hang-ups on the machine here. So I will make that home phone number loud and clear one more time. 771-1764. I'm there guys. So its as easy as a phone call and your not disturbing me at home. It is much easier for me to function where I have a desk and a phone then picking up an obscure voicemail here. Councilmember Buttery stated, "I will agree with that. If anybody called at the office here at Leesburg and left a message week before last, I was away on vacation and last Wednesday, Thursday and Friday I was gone. I know that Mr. Seymour left a message at my home and I called them back as soon as I got that. I pride myself on getting back with folks when they leave a message. I apologize if somebody left a message here at town. I don't mean to be making excuses either but I also left directions to have my voicemail changed to refer to people to my home phone number as well." This matter was referred to the August 3, 1999, Administration and Public Works Committee meeting for further consideration. Ms. Tiffany Packard a resident of 240 Loudoun Street, requested help from the Council regarding the destruction to her property by a family of opossums. Mr. Paul Ritchey a resident of Shenandoah Street, addressed the Council regarding the voluntary water restriction and the flushing of fire hydrants in town. He suggested containing this water for use elsewhere in the town. Mr. Van Lawrence, representing the Early Census Office of Alexandria, requested the Council's help in recruiting volunteers to help with the Census 2000. Mr. Robert Hincherick a resident of 17 Cornwall Street addressed the Council concerned with the noise generated from the fans on top of the Lightfoot Restaurant. He referenced and read Section 11-17 (a) and (c) of the Town Code and questioned why the Council and police will not enforce this Section of the Town Code. Mayor Clem stated he stood in the yard of the Laurel Brigade Restaurant and found the noise is so loud as to be in violation of the Town Code. Councilmember McDonald stated he too walked the area on several days and did not find the noise to be excessive. Mr. Hincherick invited the Council to his house to observe the noise for themselves. Ms, Winifred Wrap presented Mayor Clem with a portrait of a Turkey Buzzard. Ms. Wrap addressed the Council supporting the need for a teen center. Vice Mayor Webb stated, she has been working with Ms. Ann Miles of Communities that Care, a Loudoun County organization, to make a teen center a reality. Ms. Wrap thanked Mr. Uran for all of his contributions to the Town of Leesburg. Mr. William Zawacki a resident of Chesterfield addressed the Council in support of an ordinance to require business owners to keep the lids closed on dumpsters. Mr. Zawacki also expressed opposition to agenda item 10. (t). 6. PUBLIC HEARINGS: a. To consider the vacation of a portion of North King Street right-of-way for the Loudoun County Courts Complex - Mr. Mason provided the staff report. No public comment was received. The public hearing was closed. This matter is scheduled for adoption during agenda item 10. (a). To consider a public input session - Information Technology,_ Mr. York introduced the members of the Information Technology Committee. Mr. Jim Russell, Chairman of the committee provided additional brief remarks. Mayor Clem stated a Ms. Randall, who had to leave the meeting, expressed concern about Y2K and the importance of the town being in compliance. Mayor Clem asked Mr. York to schedule a meeting with the Town Council to provide a briefing and update on where the town stands with regard to Y2K. Mr. Zawacki stated he would like to see the town's Email capabilities expanded and the Email addresses of employees other than department directors. Mr. Zawacki stated portions of the Town Code were outdated and should be brought up to date. 7. COUNCILMEMBER COMMENTS Councilmember McDonald reported on the EAC meeting where Mr. Tolbert was elected Chairman. Councilmember Buttery gave his condolences to the family of Lt. O'Neal Stewart. Mr. Buttery asked that the town look into policies and procedures to reduce its own consumption of water. Councilmember Umstattd complimented the Leesburg Volunteer Fire Company and the number of community events they attend and host. Ms. Umstattd offered her condolences to the family of Lt. O'Neal Stewart. Councilmember Jackson also offered his condolences to the family of Lt. O'Neal Stewart. Mr. Jackson thanked Vice Mayor Webb for her presentation to the Board of Supervisors regarding the Route 621 park site. Vice Mayor Webb offered her condolences to the family of Lt. O'Neal Stewart. Ms. Webb stated she was out cruising on Friday at approximately 5:20 p.m., and saw that Officer Steve Pebler was changing the tire for a family from out of town. Ms. Webb stated this is a reflection of the kind of employees the town has. Ms. Webb referred to the opening of Sheetz and other large franchises who slash their prices lower than the small businesses in town. Ms. Webb urged the citizens to continue to support the smaller business. Ms. Webb stated interviews for a new town manager will begin on Friday. Ms. Webb thanked Mr. York and town staff for ........... Ms. Webb thanked the members of the IT committee, as well as all the volunteers for serving on the town's boards and commissions. 8. MAYOR'S REPORT Mayor Clem thanked Board of Supervisors Myers, Rokus and Marcum for their participation in the joint meeting held with the town. He stated a lot was accomplished and a lot needs to be done. Mayor Clem asked that the hospital water tank not be drained during this time of water shortage. He offered his condolences to the family of Lt. O'Neal Stewart. He thanked the petitioners this evening for their comments. Mayor Clem thanked Mr. York for the fine job he has done during the absence of a town manager ................. 9. MANAGER'S REPORT Mr. York offered his condolences to Lt. O'Neal Stewart's family. 10. LEGISLATION: (a) MOTION: On motion of Webb, seconded by McDonald, the following ordinance was proposed and adopted: 99-0-20 - ORDINANCE - APPROVING THE VACATION OF A PORTION OF NORTH KING STREET RIGHT-OF-WAY ADJACENT TO THE LOUDOUN COUNTY COURTS COMPLEX VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos (b) MOTION: On motion of Webb, seconded by Umstattd, the following ordinance was proposed and adopted: 99-0-21 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-99-02 CARDINAL INDUSTRIAL PARK, LOT 9, MINI-WAREHOUSE FACILITY VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos (c) MOTION: On motion of Webb, seconded by Jackson, the following ordinance was proposed and adopted: 99-0-22 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-99-03 GOODYEAR BUILDING EXPANSION, 314 EAST MARKET STREET VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos (d) MOTION: On motion .o.f Umstattd, seconded by Jackson, the following ordinance was proposed and adopted: 99-0-23 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-99-04 208 EDWARDS FERRY ROAD, N.E., ACCESSORY DWELLING VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos CONSENT ITEMS (e) through (s) MOTION: On motion of Buttery, seconded by McDonald, the following resolutions were proposed as consent items and adopted: 99-216 - RESOLUTION - APPROVING THE VACATION OF A PORTION OF A SANITARY SEWER EASEMENT WITHIN POTOMAC STATION, SECTION 6A, 6BCD, AND APPROVING THE VACATION OF A SANITARY SEWER, WATERLINE AND PUMP STATION SITE AND ACCESS EASEMENTS WITHIN POTOMAC STATION, SECTION 6H 99-217 - RESOLUTION - AWARDING A CONTRACT FOR NORTH KING STREET LEFT TURN LANE AT IDA LEE DRIVE AND SIDEWALK IMPROVEMENTS FROM UNION STREET TO OAKCREST MANOR DRIVE 99-218 - RESOLUTION - AUTHORIZING THE ALLOCATION OF A CONTRIBUTION FROM IRWIN W. URAN TO THE LOUDOUN COUNTY DEPARTMENT OF SOCIAL SERVICES 99-219 - RESOLUTION - AWARDING A STREET MAINTENANCE CONTRACT FOR MILLING AND RESURFACING TO VIRGINIA PAVING COMPANY 99-220 RESOLUTION AWARDING A STREET MAINTENANCE CONTRACT FOR CONCRETE REPAIRS TO GULL CORPORATION 99-221 - RESOLUTION - AUTHORIZING STREET LIGHTING ON CLUBHOUSE DRIVE AND MAKING AN APPROPRIATION Councilmember Buttery asked that the installation of sidewalk on Clubhouse Drive be placed as a future CIP project. He asked staff to be sure that when the lights are installed, they are not installed in the area of any future sidewalks. 99-222 - RESOLUTION - AUTHORIZING AN EASEMENT FOR NORTHERN VIRGINIA ELECTRIC COOPERATIVE ON THE TUSCARORA CREEK PARK SITE AT THE KINCAID FOREST DEVELOPMENT 99-223 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR MEAD HILL 99-224 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT STRATFORD PHASE B OFFSITE IMPROVEMENTS 99-225 - RESOLUTION - APPROVING WATER AND SEWER EXTENSION PERMITS FOR THE NORTHLAKE ROAD IMPROVEMENTS 99-226 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR NORTHLAKE SECTION 1 99-227 - RESOLUTION AUTHORIZING PERFORMANCE GUARANTEE AND WATER NORTHLAKE, LAKE AN AGREEMENT AND 'APPROVING A AND SEWER EXTENSION PERMITS FOR 99-228 - RESOLUTION - APPROVING A CONSENT, ESTOPPEL AND RECOGNITION AGREEMENT BETWEEN THE TOWN OF LEESBURG AND BANKERS TRUST COMPANY 99-229 - RESOLUTION - AUTHORIZING A STREET RESURFACING PLAN FOR FY00 99-230 - RESOLUTION - AUTHORIZING A PUBLIC HEARING TO CONSIDER INITIATION OF ACQUISITION OF CONDEMNATION PROCEEDINGS TO ACQUIRE THE NECESSARY RIGHT-OF-WAY TO IMPROVE FORT EVANS ROAD AS REQUIRED BY THE COMPREHENSIVE TOWN PLAN VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos 10. (t) MOTION: On motion of Umstattd, seconded by Webb, the following resolution was proposed and adopted. 99-231 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE TO ALLOW FOR THE INCREASE IN HEIGHT WITHIN B-3 ZONING DISTRICTS THROUGH A SPECIAL EXCEPTION, WITH CONDITIONS VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos (s) MOTION: On motion of Webb, seconded by Buttery, the following resolution was proposed and adopted by a vote of 5 - 1-1. 99-232 - RESOLUTION - AWARDING A CONTRACT FOR THE THOMAS BALCH LIBRARY ADDITION AND RENOVATION PROJECT VOTE: Aye: Nay: Absent: Councilmembers Buttery Jackson, McDonald, Webb, Clem Councilmember Umstattd Councilmember Zoldos (s) MOTION: A motion was made by Webb to initiate a Change Order to the original contract ..... seconded by Buttery, and adopted by a vote of 6-0-1. DISCUSSION: Councilmember McDonald asked staff to provide the costs associated with installing the storm water management project at a later date. Councilmember Umstattd asked staff to provide a time estimate and a list of business that will be affected by the installation of the improvements to Market Street. Mr. Mason pointed out that all of the work will be performed during the night so as to create as little, if any disruption to the business on Market Street. VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos (v) Was referred to the August 3, 1999, Administration and Public Works Committee agenda for further consideration. (w) MOTION: On motion of Buttery, seconded by Webb, the following resolution was proposed and adopted. 99-233 - RESOLUTION - IMPOSING VOLUNTARY WATER RESTRICTIONS FOR LEESBURG WATER CUSTOMERS VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos 11. NEW BUSINESS: (x) MOTION: On motion of Webb, seconded by McDonald, the following resolution was proposed and adopted. 99-234 - RESOLUTION - RE-APPOINTING CHARLES C. THORNTON, JR., AND APPOINTING F. A. "SANDY" DONALDSON, THOMAS S. DUNN, II., AND KAREN U. JONES TO THE ECONOMIC DEVELOPMENT COMMISSION VOTE: Aye: Councilmembers Buttery Jackson, McDonald, Umstattd, Webb, Clem Nay: None Absent: Councilmember Zoldos On motion of, and duly seconded, the meeting was adjourned at 10.40 p.m. Ja~nes E. Clem, Mayor Town of Leesburg Clerk of Council