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-