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HomeMy Public PortalAbout1999_09_14TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 14, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, September 14, 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 George F. Atwell Mervin Jackson Leonard McDonald (arrived at 8 pm) Kristen C. Umstattd (absent) B. J. Webb (arrived at 7:40 pm, after attending a County transportation meeting) Bob Zoldos Mayor Clem STAFF MEMBERS PRESENT Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Director of Utilities Randolph W. Shoemaker Director of Parks and Recreation Kaj Dentler Assistant Town Manager for Economic Development John Henry King Chief of Comprehensive Planning Jerry Mucci Zoning Administrator Brian Boucher Landscape Architect John Johnston Planner Stacey Rothfuss Deputy Town Attorney Deborah Welsh Public Information Officer Susan Farmer Clerk of Council Barbara Markland 1. INVOCATION: Councilmember Zoldos 2. SALUTE TO THE FLAG: Councilmember Atwell 3. ROLL CALL: All members of Council were present except: Councilmember McDonald (arrived at 8 pm), Vice Mayor Webb (arrived at 7:40 pm) and Councilmember Umstattd was absent. 4. APPROVAL OF MINUTES: MOTION: On motion of Jackson, seconded by Zoldos, the regular meeting minutes of August 10, 1999, and the special meeting minutes of September 7, 1999, were approved as written. VOTE: Aye: Councilmembers Jackson, Zoldos and Clem Nay: None Abstain: Councilmember Atwell Absent: Councilmember McDonald, Umstattd and Webb 5. PROCLAMATION: MOTION: On motion of Jackson, seconded by Zoldos, the following proclamation was proposed and adopted. VOTE: Aye: Nay: Absent: · A PROCLAMATION RECOGNIZING THE EFFORTS OF KEEP LOUDOUN BEAUTIFUL Councilmembers Atwell, Jackson, Zoldos and Clem None Councilmember McDonald, Umstattd and Webb 6. OPEN FOR BUSINESS: Mr. Don McMurray and Mr. Ron Rust addressed the Council introducing the Thomas Birkby House where weddings, receptions and meetings will be held. Dr. Robert M. Boucher introduced his new eye, ear, nose and throat practice located at the Jackson Building, Suite 105. 7. PETITIONERS Miss Megan Carter a Leesburg resident and recent winner in a beauty and talent contest addressed the Council reading an essay which she read in the pageant. Mr. Gus Glikas, Chairman of the Planning Commission, presented Councilmember Jackson a plaque on behalf of the Planning Commission for his 24-years of service as a member and Chairman of the Planning Commission. Ms. Denise Reagan a resident of North Street, addressed the Council in support of removing the barricade on North Street. Mr. Ron Eamich a resident of 131 Chesterfield Place, thanked the Council for the use of the Ida Lee Recreation Center for Loudoun County High School's All Night Graduation Party. Mr. Richard Lesard, of 5165 MacArthur Boulevard, Washington, D.C., representing Jerry's Group Automotive, owners of Seneca Auto Body, requested the Council's support of an amendment to the I-1 Zoning District to allow an auto body repair business by special exception. This matter was referred to the September 21, 1999, Planning and Zoning Committee agenda for further consideration. Ms. Susan Washington a resident of, and representing the Virginia Knolls Community Association, requested a 4-way stop sign at the intersection of Harrison and Roanoke streets. This matter was referred to the September 21, 1999, Administration and Public Works Committee agenda for further consideration. Mr. Wayne Henderson a resident of 312 Edwards Ferry Road, addressed the Council thanking them for approving the 120 day trial period for the all-way stop signs on Edwards Ferry Road. He stated the stop signs have slowed traffic. They have made it safer to cross the street, and have decreased truck traffic. With regard to the traffic signal proposed for the intersection of Catoctin Circle and Edwards Ferry Road, Mr. Henderson asked the Council to not prejudge the effectiveness of the stop signs and still install the traffic signal. Vice Mayor Webb suggested the creation of a transportation task force to study and address transportation issues throughout the town. This matter was referred to the September 21, 1999, Administration and Public Works Committee agenda for further consideration. 8. PUBLIC HEARINGS a. To consider Permit Parking Zones. This public hearing was rescheduled to September 28, 1999, due to an error in the published public notice. b. To consider the Ida Lee Park Master Plan. Director of Parks and Recreation Kaj Dentler provided the staff report and a slide presentation. Mr. Dave Kennedy a resident of 109 Connery Terrace and a member of the Planning Commission, stated he was not present at the Planning Commission meeting when this matter was voted on, however, he would have voted in favor of the proposed amendment. Mayor Clem closed the public hearing. Councilmember Jackson stated he would like for the Council to meet with the Planning Commission to discuss the reasons for their vote. Mr. John Elgin, Chairman of the Parks and Recreation Commission, read the portion of the Rust Deed of Trust pertaining to how the property is to be developed. This matter was referred to the September 21, 1999, Planning and Zoning Committee agenda for further consideration. Co To consider the vacation of portions of Fort Evans Road right-of-way on the south side of Fort Evans Road adjacent to the Potomac Station Development. Mr. Mason provided the staff report. No public comment was received. The public hearing was closed. This item will be considered further under 12. (b) of the agenda. To consider a Virginia Wastewater Revolving Loan Fund. Mr. Shoemaker provided the staff report and a slide presentation. No public comment was received. The public hearing was closed. This item will be considered further under 12. (bb) of the agenda. 9. COUNCILMEMBER COMMENTS Vice Mayor Webb made the following comments: · The removal of rock at the court house may cause some disturbance to the residents in the surrounding area. · United Way will host its annual kick-off on Friday, September 17, 1999, at 8:00 a.m., on the Town Green. · The formation of a transportation task force was referred to the September 21, 1999, Administration and Public Works agenda. · The funds for education and training of planning staff have never been used and should be redirected to fund the George Washington University Loudoun Environmental Impact Project. This matter was referred to the September 21, 1999, Finance Committee agenda. · Ms. Webb asked staff to look into correcting the problem with the overgrowth of weeds on the Hovnanian property in Exeter. · The Governor has declared Virginia in a state of emergency with regard to Hurricane Floyd. Ms. Webb encouraged residents to keep informed. Councilmember Zoldos made the following comments: · He welcomed Councilmember Atwell to the Town Council. · The Information Technology Committee is moving along and plans to submit their first draft report around the first of the year. Councilmember Jackson welcomed Councilmember Atwell. Councilmember Atwell thanked the Town Council for their confidence in appointing him to fill the vacancy of Frank Buttery. Councilmember McDonald made the following comments: · He welcomed Councilmember Atwell to the Town Council. · He received many favorable comments regarding the recently installed stop signs on Edwards Ferry Road. · He asked that item 12. (w) be removed from the consent agenda. i0. MAYOR'S REPORT Mayor Clem made the following comments: · He encouraged citizens to stay informed of the progress of Hurricane Floyd. · He asked the Information Technology Committee to prepare a report for the residents of Leesburg on the town's progress with regard to Y2K. · The groundbreaking for the Balch Library will be held on Saturday at 11 a.m. 11. MANAGER'S REPORT Mr. Mason made the following comments: · A Block Party will be held on Belmont Drive, September 18, 1999, from 4 pm to 8 pm. · He will be attending a meeting tomorrow at 1:30 p.m,, at the Loudoun County Emergency Center regarding Hurricane Floyd. 12. LEGISLATION (a) MOTION: On motion of Jackson, seconded by Zoldos, the following ordinance was proposed and adopted. 99-0-27 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE TO AUTHORIZE A CHANGE IN CERTAIN SCHOOL ZONE SPEED LIMITS VOTE: Aye: Councilmembers Atwell;Jackson, McDonald, Webb, Zoldos and Clem Nay: None Absent: Councilmember Umstattd (b) MOTION: On motion of Webb, seconded by McDonald, the following ordinance was proposed and adopted. 99-0-28 - ORDINANCE - AUTHORIZING THE VACATION OF A PORTION OF FORT EVANS ROAD RIGHT-OF-WAY ADJACENT TO THE POTOMAC STATION DEVELOPMENT VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Webb, Zoldos and Clem Nay: None Absent: Councilmember Umstattd CONSENT ITEMS (c), (d), (e), (f), (g), (h), (i), O), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (x), (y), (z) MOTION: On motion of Webb, seconded by Jackson, the following resolutions were proposed as consent items and adopted. 99-265 RESOLUTION APPOINTING B. J. WEBB TO THE ANNEXATION AREA DEVELOPMENT POLICY COMMITTEE 99-266 - RESOLUTION - APPROVING A TIME EXTENSION FOR CONSIDERATION OF SPECIAL EXCEPTION APPLICATION #SE-99-06, LEESBURG GREEN 99-267 - RE~OLUTION - INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE REGARDING SECTION 7A-10 FLOOR AREA RATIO REQUIREMENTS 99-268 - RESOLUTION - AUTHORIZING THE ALLOCATION OF A CONTRIBUTION FROM IRWIN W. URAN TO THE LOUDOUN COUNTY DEPARTMENT OF SOCIAL SERVICES 99-269 - RESOLUTION - DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN EQUIPMENT 99-270 - RESOLUTION - AUTHORIZING THE PURCHASE OF A VEHICLE FOR THE UTILITY LINES DIVISION 99-271 - RESOLUTION - AUTHORIZING THE TOWN OF LEESBURG'S PARTICIPATION IN THE INTERNATIONAL CITY MANAGER'S ASSOCIATION RETIREMENT CORPORATION SECTION 401(a) MONEY PURCHASE RETIREMENT PLAN 99-272 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS PROPERTY 99-273 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING WATER AND SEWER EXTENSION PERMITS FOR THE DRY MILL TOWNHOUSE SUBDIVISION, PHASE 2A 99-274 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING WATER AND SEWER EXTENSION PERMITS FOR THE DRY MILL TOWNHOUSE SUBDIVISION, PHASE 2B 99-275 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER FIRST ADDITION 99-276 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXETER HILLS, SECTION 5A 99-277 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR LEESBURG GATEWAY CONDOS AND RELEASING THE LETTER OF CREDIT FROM EASTERN AMERICAN BANK CONFIRMED BY FIRST UNION NATIONAL BANK 99-278 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC CROSSING SECTION 5 99-279 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND A WATER EXTENSION PERMIT FOR THE REHAU HEADQUARTERS EXPANSION 99-280 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE I OFFSITE STORMWATER MANAGEMENT POND 99-281 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE I, SECTION 2 99-282 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE II, SECTION 1 99-283 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT WOODLEA MANOR PHASE 4 99-284 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE WARREN HILL SUBDIVISION 99-285 - RESOLUTION - CATOCTIN CIRCLE WIDENING LOCATION AND DESIGN PUBLIC HEARING APPROVAL 4 99-286 - RESOLUTION - AUTHORIZING A LEASE BETWEEN THE TOWN OF LEESBURG AND JOHN MYERS FOR THE LEASE OF THE HIGH SCHOOL SITE ON ROUTE 621 99-287 - RESOLUTION - APPROVING THE VACATION OF PORTIONS OF AN EFFLUENT FORCE MAIN EASEMENT WITHIN NEW PUBLIC ROAD RIGHTS-OF-WAY IN THE NORTHLAKE DEVELOPMENT AND AUTHORIZING A QUITCLAIM FOR SIDEWALKS/STREET LIGHT EASEMENT IN NORTHLAKE SECTION 1 VOTE: Aye: Nay: Absent: Councilmembers Atwell, Jackson, McDonald, Webb, Zoldos and Clem None Councilmember Umstattd (w) MOTION: On motion of McDonald, seconded by Zoldos, the following substitute resolution was proposed and adopted. 99-288 - RESOLUTION - AUTHORIZING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM BENCHMARK ACQUISITION FUND I, L.P. d/b/a CABLEVISION OF LOUDOUN TO ADELPHIA COMMUNICATIONS CORPORATION DISCUSSION: Mr, Don Rice of Rice and Williams, the town's cable consultant provided a brief synopsis of the changes in the proposed legislation. Vice Mayor Webb stated, "I have been concerned through this entire process that the existing problem that we have with Cablevision regarding access by all candidates for equal time on that network - on the Cable Channel 3 - on the news - that issue continues to kind of be sidestepped and it's addressed as - oh well it's an interview with the Chairman and the Chairman frequently happens to discuss political issues since she is running for reelection. I have looked at the FCC regulations on this and it seems rather specific .... If any system shall permit any such candidate to use its facilities it shall afford equal opportunities to all other such candidates for that office to use such facilities... That to me sounds very clear and yet I have yet to see that opportunity afforded to all candidates for Chairman and other people running for office. From a conscience standpoint how can we as a Council stipulate that we are going to endorse or support a transfer unless we know that they are going to adhere to the laws and regulations that apply in terms of how they do business. And quite honestly, the Cable Commission did a very good job an asked a lot of tough questions - and in reviewing those answers I didn't see a whole lot of solid answers on some of those issues that they asked." Mr. Rice read from the proposed resolution, page 3 letter J .... that Adelphia Communications Corporation agrees to abide by FCC regulations regarding political candidates, etc. He stated, "when the disputes arise on specific instances it's that point that you need to contact attorneys if that is the case. In terms of this transfer resolution as well as the renewal process the best that we can do as a local government is to make certain that the person using the rights-of-way has agreed to abide by all the laws that are applicable to that issue." Councilmember McDonald stated the concerns of Ms. Webb's have not been resolved and hopefully Adelphia, when they address the request for franchise renewal, will continue to be a good member of the community and will address thosg issues, Vice Mayor Webb stated, "I hope - unfortunately for the residents of Leesburg who pay the highest cable rates anywhere in the Northern Virginia region - that we see something that becomes more competitive and more equitable to the surrounding areas then what we have currently been receiving. From a conscience standpoint, I will be voting against this franchise transfer. Not because of my questions with Adelphia but because ! hate to see Benchmark end up with a lot of money in their pocket for doing a very bad job. Especially in their response to this community in the last six months. I have been highly disappointed with them as an organization and with what they have chosen to do in keeping information from the public." Councilmember Zoldos stated the franchise renewal agreement will be the time for the Town to begin negotiating these issues that are of concern to the Council. Mr. Zoldos expressed concern that citizens have to pay for the weather channel. Further stating that the weather channel should be a public service/free channel to the citizens. VOTE: Aye: Nay: Absent: Councilmembers Atwell, Jackson, McDonald, Zoldos and Clem Vice Mayor Webb Councilmember Umstattd REGULAR AGENDA (aa) MOTION: On motion of Zoldos, seconded by Webb, the following resolution was proposed and failed by a vote of 3-3-1. RESOLUTION - INITIATING AMENDMENTS TO THE LAND USE AND TRANSPORTATION ELEMENTS OF THE 1997 TOWN PLAN WHEREAS, rezoning application ZM-157 has been filed and is under review by Town staff and the Planning Commission; and WHEREAS, as currently submitted, said application is inconsistent with various provisions of the Land Use and Transportation Elements of the 1997 Town Plan; and WHEREAS, a letter dated September 3, 1999, from Bob Sevila, representing the Peterson Companies with regard to the pending Leesburg Commons rezoning application, requests consideration of amendments to the Land Use Elements and Transportation of the 1997 Town Plan to enable rezoning application ZM-157 to be consistent with said Plan; and WHEREAS, Section 15.2-2229 of the Code of Virginia sets forth the procedure for said amendments, including the requirement for the governing body of the Town to "direct the local planning commission to prepare an amendment and submit it to public hearing within sixty days after formal written request by the governing body"; and WHEREAS, on September 7, the Planning and Zoning Committee of the Town Council considered said request; and WHEREAS, the Planning and Zoning Committee agreed to forward said initiation request to the full Council without recommendation and that if a Town Plan amendment is initiated by the Council, such initiation would be for the purpose of determining the appropriateness of the proposed Town Plan amendment and that such initiation does not constitute a Council endorsement. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Staff is hereby authorized to process a Town Plan Amendment for consideration by the Planning Commission and Town Council for their evaluation and recommendation. SECTION II. The Planning Commission is directed to review, consider modification of, hold a public hearing for, and provide a recommendation to the Town Council concerning amendments to the Town Plan associated with ZM-157 in accordance with the provisions of Section 15.2-2229 of the Code of Virginia. SECTION III. This initiation is for the purpose of determining the appropriateness of the proposed Town Plan amendment and that such initiation does not constitute a Council endorsement. DISCUSSION: Vice Mayor Webb stated, "the Planning and Zoning Committee (P&Z) vote was 3-0 without recommendation. It was very important for the P&Z Committee to initiate this amendment without any recommendations because the P&Z Committee felt very strongly that we did not wish to make any recommendations on this issue at the time. It is going back to the Planning Commission but I don't want anybody in the public to make the presumption that this vote was taken to initiate changes to the Land Use and Transportation element of the Town Plan because the members of the P&Z Committee supported it. We did not support it and we were very specific in that language." Ms. Webb explained, "one of the issues is the change of the interchange from a full cloverleaf interchange to a modified diamond interchange for the standpoint that the applicant wanted that issue put on the table." Councilmember Jackson agreed with Ms. Webb's comments. Councilmember McDonald stated, "if this is changing the Town Plan from a full cloverleaf interchange I will be voting against this. I have taken a stand before on Route 7 and I will continue to take that stand." Mayor Clem agreed with Ms. Webb's comments, stating "I don't want to indicate influence in any direction. We are just initiating this asking the Planning Commission to review this and forward back the information to the Council as to whether or not they think it is a good idea." VOTE: Aye: Nay: Absent: Councilmembers Webb, Zoldos and Clem Councilmembers Atwell, Jackson, McDonald Councilmember Umstattd 12. (bb) MOTION: On motion of Webb, seconded by McDonald, the following resolution was proposed and adopted by a roll call vote of 6-0-i: 99-289 - RESOLUTION - OF THE TOWN COUNCIL OF THE TOWN OF LEESBURG, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE TOWN OF LEESBURG, VIRGINIA, UTILITY SYSTEM REVENUE BOND, SERIES 1999, IN THE MAXIMUM PRINCIPAL AMOUNT OF $11,000,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF VOTE: Aye: Nay: Absent: Councilmembers Atwell, Jackson, McDonald, Webb, Zoldos, Clem None Councilmember Umstattd 12. (cc) MOTION: On motion of Zoldos, seconded by Webb, the following resolution was proposed and adopted: 99-290 - RESOLUTION - AMENDING RESOLUTION NO. 95-172 TO ALLOW THE OPENING OF THE CONNECTION OF MAYFAIR DRIVE TO NORTH STREET WI-~EREAS, Resolution g95-172, adopted on August 8, 1995, established that all connections to existing roads installed as part of the Exeter Hills Subdivision be opened on the same day after completion of the roads in the subdivision and completion of improvements to certain existing town streets; and WHEREAS, Section 5A of the Exeter Hills Subdivision is complete and includes a street connection to existing Mayfair Drive; and WHEREAS, improvements to existing streets are currently under design and are planned for construction in the summer of 2000; and WHEREAS, a barricade is iff place to block Mayfair Drive at North Street; and WHEREAS, there is no cul-de-sac or temporary turn-around on Mayfair Drive at the barricade, making it difficult for trucks to turn-around to exit onto Edwards Ferry Road; and WHEREAS, removal of the barricade at the connection to North Street will improve access for emergency vehicles, police, trash collection, road maintenance and access by residents of the Mayfair Drive. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Resolution #95-172 is amended to allow the opening of the Mayfair Drive connection to North Street after the streets in Exeter Hills Section 5A are accepted by the Town Council. DISCUSSION: Vice Mayor Webb stated, "the people on Mayfair Drive have endured school buses turning around in their driveways. Trash trucks turning around in their driveways and usually missing the driveway and taking out part of their lawns. This road is ready to be opened and the people have been quite clear and I must say that the people on Mayfair have been delightful and very positive in their comments about their concerns and issues. ! wish I could say that about some of the other calls and letters I've gotten on the North Street issue. But I think they have been put under an unfair burden of having their lawns and driveways torn up because there is no place for vehicles to turn around." Councilmember McDonald stated., "I appreciate what the past Councils have done in the resolution. If I, while I am serving on this body, pass a resolution that somewhere down the road things change and it requires a change in that resolution, then I hope that I will be willing to accept it realizing that as the town grows things do change." Mr. McDonald stated he will support this resolution and the opening of North Street as well." Councilmember Jackson agreed with the comments of Councilmember McDonald. Vice Mayor Webb stated, "I have struggled with the issue of opening North Street. One of the interesting issues that was brought to this body by the citizens and I'm sorry that none of them thought this interesting issue so important that they would remain for the vote - they talked about the fact that they pay taxes and therefore we should have this road open. I computed - that probably all of the houses that exist in this new neighborhood have paid somewhere around $50,000 in taxes, maximum for the time they have been there. The improvements that will have to be made to the poor side streets to make those neighborhoods safe for all of that traffic will exceed $1.1 million. It is going to be an awfully long time before the people on North Street, in the new neighborhood, pay for that $1.1 million. And the rest of Leesburg is going to pick up the cost for that. I certainly understand the issue of being able to move through that street in both directions. I am inconvenienced every day as I take Kaitlin from St. James Preschool to the baby-sitter who happens to live in this new neighborhood - because by the time I fight my way around Edwards Ferry and then Plaza. It is difficult and uncomfortable but in the 15 emails that I got, 7 were opposed to opening the street, 8 were in favor of opening the street, and those were all the people only from the new neighborhood. I don't think they distributed the information to the people who have lived there for a long time. So, I guess I would say to the people on North Street, be careful what you ask for. Because when that barricade comes down there will be traffic moving from King Street to Plaza Street on North Street. And I can guarantee you that we will have a group back in here probably before Christmas saying - we need you to do something about all this traffic that is moving through our neighborhood - and they are speeding - and we want stop signs - and we want them slowed down - and we don't want them to drive through here. And you know, you can't have it both ways. Once that barricade comes down, all of the traffic gets to use the street. Not just the people that live there. I will reluctantly support it because I have some concerns but it really is a - be careful what you ask for - because without all the improvements being made, the reason that the Council in 1995 said we are going to wait until all of the streets are open was because one of the most important things about transportation is a grid system. And we have continuously not let the grid system work. We have people that want to live on cul-de-sacs. We've got more dead end roads and cul-de-sacs in this town and everybody's happy to live on them. And we've got streets that people don't want opened. Bradfield Drive. Meade Drive. And we have all of these continued bottlenecks around town because no one from the new neighborhood wants the old neighborhood traffic or vice versa. And quite honestly, if you move all of the streets and do a grid system and if we'd ever get the Zoning Ordinance done from the Town Plan, that we drafted several years ago, we would be doing a much better job of demanding the grid system out of the developers instead of continuing to build dead end cul-de-sacs all over town. I'I1 vote for it and just for goodness sakes lets do a comprehensive transportation study of the residential neighborhoods because we are going to have problems on North Street, I can guarantee you the day the barricade comes down." Mayor Clem stated, "right now your talking about one item (cc), amending Resolution No. 95-172 to allow the opening and connection from Mayfair Drive to North Street. This one is definitely unique in as much as all sidewalks, all improvements are there and there is no place to turn around. We heard tonight that this resolution has been violated with some areas on Marshal Street and I was unaware of it and I'll take the blame if that is true. But nevertheless, this one I will support." Councilmember Atwell, stated he was on the Town Council in 1995 when the resolution was adopted. "I thought it was the right thing to do then. I drove around through that neighborhood today and I think it is the right thing now to do what is being proposed before this Council. I have no problem from evolving from 1995 to 1999." VOTE: Aye: Nay: Absent: Councilmembers Atwell, Jackson, McDonald, Webb, Zoldos, Clem None Councilmember Umstattd (dd) MOTION: On motion of McDonald, seconded by Zoldos, the following resolution was proposed and adopted: 99-291 - RESOLUTION -AMENDING RESOLUTION g95-172 TO ALLOW THE OPENING OF THE CONNECTION OF NORTH STREET BETWEEN PRINCE STREET AND CATOCTIN CIRCLE WHEREAS, Resolution 4/95-172, adopted on August 8, 1995, established that all connections to existing roads installed as part of the Exeter Hills Subdivision be opened on the same day after completion of the roads in the subdivision and completion of improvements to certain existing town streets; and WHEREAS, Section 5A of the Exeter Hills Subdivision is complete and includes a street connection to existing North Street between Prince Street and Catoctin Circle; and WHEREAS, improvements to existing streets are currently under design and are planned for construction in the summer of 2000; and WHEREAS, a barricade is in place to block North Street between Prince Street and Catoctin Circle; and WHEREAS, there is no cul-de-sac or temporary turn-around on North Street at the barricade, making it difficult for trucks to turn-around to exit onto Prince Street or Plaza Street; and WHEREAS, removal of the barricade at the connection on North Street will improve access for emergency vehicles, police, trash collection, road maintenance and access by residents of the North Street. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Resolution//95-172 is amended to allow the opening of the Mayfair Drive connection to North Street after the streets in Exeter Hills Section 5A are accepted by the Town Council. SECTION II. An all-way stop shall be installed at the intersection of Prince Street and North Street before the barricade on North Street is removed. DISCUSSION: Mayor Clem stated, "North Street, in my opinion, cannot handle this traffic today. We are in the process of working on North Street and Harrison Street which is a bottleneck today. There has been a lot of near misses because of people walking in that area. The traffic is heavy at that particular location. Prince has not been repaired to cover the traffic that will be coming from Plaza. If it was just allowing this one neighborhood to come into the other neighborhoods, it wouldn't be an issue with me. But it is an issue when your bringing traffic from Plaza and that will happen. The area that I mentioned at Harrison and North Street - the project will be constructed this fall. It is putting in sidewalks, curb and gutter and widening the street, making it much safer. Also, you can sit at Edwards Ferry Road and Harrison Street and watch dump truck after the other bring the dirt from the basement of the new judicial system to the 10 acre Pennington site. I can tell you, when you come down North Street and pop over that grade you best be ready to stop because those trucks do not move very fast going in or coming out." Vice Mayor Webb clarified that the construction on Harrison and North Street will take place this fall. Ms. Webb stated, "so we are now voting to open a street prior to that construction taking place." Mayor Clem stated construction will take about two months. Mr. Clem stated, "right in front of Mr. Kelly's house there is just barely enough room, on any given day, for two cars to pass. Follow it up with the people on the right hand side who do not have driveways that are adequate to keep their cars off of the main thoroughfare." Councilmember Zoldos stated he will vote in favor of the proposed resolution. "I think it is the same process here and will improve access to emergency vehicles, police, fire and rescue, and trash, road maintenance and access not only for the residents of North Street but all the citizens in Leesburg. It is imperative that we open this street. I don't believe that all the traffic that is on North Street is going to make an immediate left turn onto Prince Street or down Woodbury or as far as Harrison or may even proceed all the way to King Street. ! will support this. It is time to remove the barricade." VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Webb, and Zoldos Nay: Mayor Clem Absent: Councilmember Umstattd 12. (ee) Not used. On motion of, and duly seconded, the meeting was adjourned at 10:05 p.m. Clerk of Council , Mayor Town of Leesburg 9