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HomeMy Public PortalAbout1993_05_11TOWN COUNCIL MEETING MINLrI~S OF MAY 11, 1993 A regular meeting of the Leesburg Town Council was held on May 11, 1993, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Georgia W. Bange SALUTE TO TIlE FLAG was led by Councilmember Ronald W. Blake ROLL CALL Councilmembers present George F. Atwell (Absent) Georgia W. Bangs Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Planner Marilee Seigfried Capital Projects Coordinator Barry Thompson Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Ms. Bange, the regular meeting minutes of April 27, 1993, were approved as written. VOTE Aye: Councilmembers Bangs, Blake, Trocino, Webb and Mayor Clem Nay: None Absent: Councilmembers Atwell, Umstattd MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following proclamation was proposed and unanimously adopted. PROCLAMATION DISCOVER LOUDOUN DAY SATURDAY, MAY 22, 1993 WHEREAS, participants in the Leadership Loudoun program recognized the need to bring the various communities of our county together as a means of improving communication among our citizens; and WHEREAS, an aH-county festival celebrating the many assets that Loudoun County has to offer was deemed to be the most effective way to showcase community pride; and WHEREAS, the festival concept has grown into a day and evening of events called the "Discover Loudoun Festival," scheduled for Saturday, May 22, 1993, at ida Lee Park; and WHEREAS, the festNal is aimed at helping new residents get acquait~ted with their neighbors and fostering awareness of the diversity of resources with which we ~.~ e THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg in Virginia hereby declares May 22, 1993, as Discover Loudoun Day in the Town of Leesbuxg aad encourages all persons to participate in the Discover Loudoun Festival at Ida Lee Park. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmembers Atwell PETITIONERS Mrs. Cathy Wilt, a resident of Leesburg and President of the Greater Leesburg Citizen Association, addressed the Council with regard to ZM-134 Harper Park. She expressed concern with the long-range effect of approving more residential developments in the Town of Leesburg. She asked why the Council would want to rezone one of the town's last planned employment developments to residential. She asked that the Council not rezone this property to residential and that the Council encourage employment and economic development in the town. Mr. B. Powell Harrison addressed the Council thanking the Council and congratulating them for a job well done with regard to their efforts in trying to retain the Loudoun County government site in the Town of Lecsburg. The Council is working together for a common goal. He specifically commended the Mayor for his initiative in this matter. PUBLIC HEARING to consider Boundary Line Vacation #BLV-93-01 Paul E. Ben~son Ms. Seigfried presented the staff report. Mr. Bengtson was present providing the public and Council with a brief synopsis of the request. Ms. Pat~ Tavenner, a resident of 110 Loudoun Street, addressed the Council stating that she wanted to make sure that the property will remain commercial. COUNCILMEMBER COMMENTS Ms. Bange attended Saturday's Parks and Recreation Advisory Commission meeting. The comm/ssion is in favor of the Discover Loudoun Day event. The Rotary Day Break Mini Grand Prix will be held September 18 and 19. Ms. Bange congratulated Leesburg Renaissance (LRI) for the successful Flower and Garden Show. She reported that LRI has now paid off all of its debts. The next event is the Taste of Leesburg scheduled for June 26. Mr. Trocino reported on the WWII Committee's first event to be held on Sunday where the Marine Corps Band will also preform. He encouraged everyone to attend. The County Complex Committee met today with substantial progress being made. He applauded the citizen volunteers for their efforts. Senator Waddell will be attending the next Council meeting to provide a report on transportation issues. Ms. Umstattd wished to congratulate Akilli Burke for getting 7 A's and 1 B on his report card. Mr. Blake had no comment. Mr. Webb attended a transportation meeting with Mr. Grow this week. He stated that a group of young adults from Puerto Rico will be visiting the town in conjunction with the 4-H club and asked that Mr. Brown invite them to visit the government center. MAYOR'S REPORT Mayor Clem displayed a 1956 photograph that he received from Mr. Adams depicting water flowage from the Nickels Well. He thanked Mr. Norman Davis for recommending the Leesburg Municipal Airport offer its services to the pilot and helicopter used to move the statute from the Capital. MANAGER'S REPORT Mr. Brown briefly reviewed the Activity Report. LEGISLATION ll. 5/11/93 -2- MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following ordinance was proposed and unanimously adopted. 93-0-17 - ORDINANCE - APPROVING #BLV 93-01 VACATION OF BOUNDARY LINES ON LOTS 1 & 2, TAX MAP 48A ((37)) - BENGTSON PROPERTY WHEREAS, the Loudoun County tax records show to boundary lines separating lots 1 & 2; and WHEREAS, the owner desires that the two boundary lines separating lots 1 & 1 be vacated to create a single lot that conforms to the Leesburg Zoning Ordinance; and WHEREAS, the Town Council held a public hearing on this application on May 11, 1993: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Boundary line vacation application #93-01, authorizing the vacation of boundary lines separating lots 1 & 2, Loudoun County Tax Map 48A,((37)) is hereby approved as shown on the Plat of Vacation and Consolidation prepared by Bengtson, Bell & Elkin dated March 29, 1993. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmembers Atwell il. (b) MOTIOn. On motiou of Ms. Bange, secouded by Mr. Webb, the following ordinance was proposed and unanimously adopted. 93-0-18 - ORDINANCE - AMENDING ARTICLE II, SECTION 2-88 OF THE TOWN CODE COMPENSATION FOR THE BOARD OF ARCHITECI~RAL REVIEW WHEREAS, Ordinauce No. 93-0-15, adopted April 27, 1993, amended Section 5B-4(9) of the Leesburg Zoning Ordinance to reduce the twice monthly meeting of the Board of Architectural Review to once a month. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Article II, Sec. 2-88 of the Town Code is hereby amended as follows: Sec. 2-88. Board of Architectural Review. Compensation of members of the town board of architectural review, after ?_o_r_~"_ !, !990 June 1, 1993, shall be $!,200.0g ~er ~nnum, p%'~b!e ;" equ_~! men!h~ ie_~t~".L.--'.en!£ $50.00 per meeting not to exceed $100.00 per month. The chairperson of the board of architectural review, as established in Article 16, Section 16A-4 of the Leesburg Zoning Ordinance, is required to report any attendance problems to the town council, which has the authority to require a member to resign if the said member is absent from four consecutive, regularly scheduled meetings. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective June 1, 1993. VOTE Aye: Nay: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Absent: Councilmembers Atwell 11. (c), (d), (e). (h) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolutions were proposed as consent and unanimously adopted. 5/11/93 -3- 93-88 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR BOUNDARY LINE VACATION #BLV-93-03 - LOUDOUN CHRISTIAN FELLOWSHIP RELIGIOUS TRUST RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of an interior lot line separating lots 10, 10A and 11, Tax map 48A, ((31)) shall be published in the Loudoun Times Mirror on May 12, 1993 and May 19, 1993 for public hearing on May 25, 1993 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 93-89 - RESOLUTION - AUTHORIZING PUBLIC HEARING FOR VACATING AN ALLEY WAY IN THE FAIRVIEW SUBDIVISION RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of an alley way between Pershing and Fairview Streets shall be published in the Loudoun Times Mirror on May 12, 1993 and May 19, 1993 for public hearing on May 25, 1993 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 93-90 - RESOLUTION - AUTHORIZING THE CLOSING OF NORTH KING STREETFROM MARKET TO CORNWALL STREETS AND EAST MARKET STREET FROM KING TO CHURCH STREETS FOR THE MARINE CORPS BAND CONCERT ON SUNDAY, MAY 16, 1993 WHEREAS, The Loudoun County War Memorial Fund has requested Council authorization to close one block of East Market Street and one block of North King Street on Sunday, May 16, from 1:45 p.m. to 3:00 p.m. during a concert by the U.S. Marine Corps Combat Band on the courthouse lawn; and WHEREAS, the concert will serve as Leesburg's first World War II commemorative event and will help raise funds for the maintenance of the war memorials on the courthouse lawn. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Authorization is hereby granted to close one block of North King Street, from Market to Cornwall Streets, and one block of East Market Street, from King to Church Streets, on Sunday, May 16, from 1:45 p.m. to 3:00 p.m. during the Marine Corps Band Concert. 93-91 - RESOLUTION - AUTHORIZING A LEASE EXTENSION WITH LOUDOUN COUNTY TRANSPORTATION ASSOCIATION FOR TOWN-OWNED OFFICE SPACE AND AN EXTENSION OF THE TOWN'S AGREEMENT TO FUEL AND MAINTAIN THE ASSOCIATION'S VEHICLES WHEREAS, Resolution No. 92-46 authorized a lease extension for the Loudoun County Transportation Association for office space in the town's municipal government center; and WHEREAS, the present lease expires on June 30, 1993; and WHEREAS, Mr. David M. Daugherty, Jr., of the Loudoun County Transportation Association provided a written request dated April 26, 1993, to expand his operation in Leesburg from three days per week to five days per week effective July 1, 1993; and WHEREAS, on May 4, 1993, the Town Council Administration and Public Works Committee recommended authorizing the manager to extend the lease with the Loudoun County Transportation Association and authorize the extension of the agreement to fuel and maintain the association's vehicles that has been in effect since September 26, 1990; and WHEREAS, the Loudoun County Transportation Association is an organization that works to enhance the quality of life of Leesburg citizens by offering community-wide bus transportation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is authorized and directed to renew the lease of town-owned office space for use by the Loudoun County Transportation Association. The term of the lease shall be twelve (12) months effective July 1, 1993, with unilateral cancellation by either party with thirty (30) days notice. The terms of said lease shall be reviewed and approved by the Town Attorney. SECTION II. The agreement initiated on September 26, 1990, to fuel and maintain the association's vehicles that operate exclusively within Leesburg is also extended. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem 5/11/93 -4- Nay: None Absent: Councilmembers Atwell 11. (r) MOTION On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted as amended. 93-92 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE TO ESTABLISH A GC-GOVERNMENT CENTER DISTRICT WHEREAS, it is the intent and desire of this Council that Leesburg remains the historic seat of government for the County of Loudoun; and WHEREAS, the Loudoun County Board of Supervisors have expressed an interest in consolidating its governmental services into a larger complex; and WHEREAS, in order to facilitate this complex within the corporate limits of the Town of Leesburg, certain modifications to the zoning ordinance would be necessary; and WHEREAS, it is more expedient to create a specific zoning district category for a proposed government center than to amend the existing zoning categories as necessary: THEREFORE, RESOLVED by the Council of. the Town of Leesburg in Virginia as follows: SECTION I. An amendment to the Leesburg Zoning Ordinance is hereby initiated to create a new zoning district with the text as stated below: Section 4G - GC GOVERNMENT CENTER DISTRICT Section 4G-1. PURPOSE AND INTENT The GC District provides the opportunity for county and local governmental entities to locate throughout the corporate limits and establish specific site design criteria through the rezoning process which may include the architectural design, parking requirements, landscaping and buffering standards to minimize any potential intrusion on adjoining properties. Section 4G-2. PERMITTED USES (1) Agricultural Uses a. None (2) Residential Uses 0) a. None Institutional and Community Services Uses a. Government office b. Library c. Museum d. Park, public e. School, public f. Fire and/or rescue facility (4) Commercial Uses ao Customary accessory uses to offices, not exceeding25% of the leasable floor area of the building. (5) Industrial, Trade & Warehouses Uses a. None Section 4G-3. SPECIAL EXCEPTION USES The following uses may be permitted or expanded in the GC Zoning District subject to the special exception procedures and criteria established in this Ordinance. 5/11/93 -5- Agricultural Uses a. None Residential Uses a. None Institutional and Community Service Uses a. None Commercial Uses a. None Industrial~ Trade & Warehouse Uses a. None MINIMUM DISTRICT SIZE a. Two (2) acres LOT SIZE (1) Minimum Lot Size a. 40,000 square feet (2) Minimum Lot Width a. 100 feet YARD REQUIREMENTS (1) Front yard 40 feet (2) Side yard 15 feet (3) Rear yard 25 feet (1) (2) (3) (4) (5) Section 4G-4. Section 4G-5. Section 4G-6. (4) Front, side, and rear yard setbacks may be reduced or be provided as a zero-yard setback if demonstrated to the satisfaction of the Town Council upon recommendation from the Planning Commission that the proposed setback will facilitate a structure that is harmonious and compatible with the surrounding uses. Section 4G-7. HEIGHT LIMITATIONS FOR PRINCIPAL STRUCTURES (1) 45 feet, unless modified during the rezoning as the minimum height necessary to facilitate the proposed building. SECTION II. The Planning Commission shall hold a public hearing to consider this amendment to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. DISCUSSION Mr. Trocino stated that this is precisely the type of flexibility the town needs to deal with Loudoun County in keeping the county government in Leesburg. He stated that the legislation is in need of some "word- smithing'. He commended staff for their initiative in coming up with the legislation. Ms. Umstattd agreed that this is an excellent idea but raised concern with the provision of "minor/major" public utility. She asked that this be removed from the proposed legislation. Mr. Brown suggested that the Planning Commission be asked to expedite this. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmembers Atwell 11. (~) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and adopted. 93-93 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE 5/11/93 -6- GUARANTEE FOR KINCAID FOREST PHASE 1, SECTION 2 WHEREAS, Council Resolution #92-241, adopted November 24, 1992, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Kincaid Forest Phase 1, Section 2; and WHEREAS, the developer, First Potomac Development Company, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for Kincaid Forest Phase 1, Section 2 cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the estimated cost to install the public improvements shown on the approved construction drawings for Kincaid Forest Phase 1, Section 2 has been reduced by the Director of Engineering and Public Works from $836,776.71 to $419,770.78 based on improvements installed as of April 20, 1993; and WHEREAS, the developer proposes to provide a corporate surety bond from Security Insurance Company of Hartford in the amount of $419,770.78 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 2. RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 2. SECTION II. The corporate surety bond in a form approved by the Town Attorney from Security Insurance Company of Hartford in the amount of $419,770.78 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Section 2. SECTION III. The contract for installationof public improvements authorizedby Resolution 92-241 will be cancelled after the new contract and performance guarantee approved in Sections I and II above are executed and in effect. VOTE Aye: Councilmembers Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino Absent: Councilmembers Atwell 11. (i). (j). (k), (I), (m) were referred to the May 18~ 1993, Administration and Public Works Committee Attenda for further consideration and discussion. 11. (n) Ms. Bange announced that she would abstain from any discussion. Mr. Blake asked that this matter be postponed until May 25, to allow the Council additional time to review the bids. This matter was referred to a special meeting of the Council on May 18, 1993, at 5:15 p.m. NEW BUSINESS MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 93-94 - RESOLUTION - SNOW REMOVAL DISASTER ASSISTANCE MARCH 1993 BE IT RESOLVED BY the Mayor and Council of the Town of Leesburg, Virginia that James E. Clem, Mayor is hereby authorized to execute for and in behalf of the Town of Leesburg, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. 5/11/93 -7- THAT the Town of Leesburg, a public entity established under the laws of the State of Virginia, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councihnembers Atweli MOTION On motion of, and duly seconded, the meeting was adjourned at 8:30 p.m. James E. Clem, Mayor 5/11/93 -8-