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HomeMy Public PortalAbout1993_06_08TOWN COUNCIL MEETING MINUTES OF JUNE 8, 1993 A regular meeting of the Leesburg Town Council was held on June 8, 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 Joseph Trocino SALUTE TO THE FLAG was led by Town Manager Steven C. Brown ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange 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 Planning, Zoning and Development Michael Tompkins Director of Engineering and Public Works Thomas A. Mason Town Attorney George Martin Public Information Officer Susan Farmer Planner Marilee Seigfried Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Ms. Bange, seconded by Mr. Trocino, the special meeting minutes of May 24, 1993 and the regular meeting minutes of May 25, 1993, were approved as written. VOTE Aye: Nay: Abstain: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Atwell CERTIFICATES OF APPRECIATION Mayor Clem presented Certificates of Appreciation to Crime Task Force members David L. Tollett, Pat Simms, Matthew McCracken. Also receiving certificates but not present were Jerry Wright and Eugene Roeby. PETITIONERS Sidney Lissner, a resident of 208 Brown's Meadow Court, Leesburg, Virginia addressed the Council with regard to the proposed county complex. Mr. Lissner's statement is attached and made a part of the official record. Ron Bealer, Business Administrator for Loudoun Christian Fellowship, addressed the Council requesting an amendment to the Zoning Ordinance to allow for an addition at 109 and 115 Harrison Street, N.E. The existing building is in violation of requirements regarding rear yard setbacks. This matter was referred to the June 15, 1993, Planning and Zoning Committee. Cathie Wilt, a resident of Leesburg and President of the Greater Leesburg Citizens Association, addressed the Council with regard to Harper Park. She questioned the need for more residential homes, and density. Ms. Wilt expressed concern with transportation at this site and the effect on the town's water/sewer capacity. She asked that the Council review the 32 page report from the Planning Commission. "It tears this development apart." PUBLIC HEARING to consider SE-93-01 Amoco Oil Company Ms. Seigfried presented the staff report. Dave Bowers, representing Holtzman Oil, addressed the Council suggesting the change is more of a rehabilitation rather than a new use. He requested that the application be forwarded to the Council agenda for consideration. Kristen Umstattd asked why the service bays were being eliminated. Dave Bowers replied they were no longer profitable. Ms. Wellbourne, a resident of Loudoun County addressed the Council, vehemently protesting the expansion. She expressed concern with traffic hazards already in existence and that the property is too small for expansion. This item was referred to the Planning and Zoning Committee meeting of June 15, 1993. COUNC1LMEMBER COMMENTS Mr. Webb attended a transportation meeting in Vienna this afternoon with the mayors of Vienna, Herndon and Dumphries. He expressed concern with TCC membership stating that they would like to get 2 memberships on the TCC. He stated that Manhattan Construction has still not settled with local businesses and asked that the town's legal counsel look into this matter. Mr. Webb also asked Mr. Brown to provide Council with requirements for a school site. Mr. Blake had no comment. Kristen Umstattd noted that Janet Perry, Executive Director of Positive Youth Works, was present. She also praised Mayor Clem and Councilmember Bange for helping to raise money to pay for the entertainment at the June 12, Loudoun House Community Day. She invited all to attend. In relation to the proposed county complex she stated that she felt the Council's backs are against the wall. The citizens that she has heard from are against it 100%. She stated that she will vote for item 12(c) but will vote against the county complex for fiscal reasons. Joe Trocino reported on the World War II Committee. He said that the County Complex Committee has been meeting twice a week and will report to the Council hopefully before the county's deadline of June 21, 1993. He stated that he has had an overwhelming response from citizens to keep the county government in the Town of Leesburg. George Atwell attended the Rotary International Convention in Australia and toured New Zealand. He had a delightful time stating that it is good to be back. Georgia Bange asked Janet Perry to address the public and invite them to come to Loudoun House Community Day on June 12, 1993 from 10 a.m. to 6 p.m. Ms. Perry also thanked the Council for raising the funds to pay for the entertainment and for their support. Ms. Bange thanked local businesses for their contributions to Loudoun House Community Day. MAYOR'S REPORT Mayor Clem expressed disappointment in the low attendance on Memorial Day and encouraged more attendance in the future. He stated that the Wal Mart Grand Opening on June 1, 1993 went well. He thanked Kevin Lawlor and Scott Johnson for helping to ensure that things went smoothly. Mayor Clem had the opportunity to judge the Forensic Competition at Leesburg Elementary for the 4th and 5th grades. He congratulated all the students. Mayor Clem state that he has also received many calls and letters regarding the proposed county complex and has received comments from only one person opposing it. He stated that the complex could be the best thing that has ever happened to the Town of Leesburg. MANAGER'S REPORT Mr. Brown announced that Rollins Drive, S.W. will be closed on June 13th for a block party. 6/8/93 -2- He hosted the 3rd grade class from Cool Spring Elementary recently. Mr. Brown thanked Mayor Clem for the remarks on Walmart and also stated he was looking forward to the Loudoun House Festival. LEGISLATION IL(a} This item was referred to the June 15, 1993, Administration and Public Works Committee for further consideration. 11. (b). lc) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent and unanimously adopted. 93-110 RESOLUTION - REQUESTING MODIFICATIONS BY THE COMMONWEALTH TRANSPORTATION BOARD TO THE SCHEDULING AND TENTATIVE ALLOCATION OF FUNDS FOR CERTAIN PROJECTS WITHIN LEESBURG LISTED IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION PRELIMINARY SIX- YEAR IMPROVEMENT PLAN FOR FISCAL YEARS 1993-1994 THROUGH 1998-1999 WHEREAS, The Commonwealth Transportation Board approved a preliminary Six-Year Improvement Program on May 20, 1993, which includes two Primary System projects and five Urban System projects within the corporate limits of Leesburg; and WHEREAS, the Town Council is pleased with the projects listed in the preliminary Six-Year Improvement Plan which are located in Leesburg and along Route 7 in Loudoun County; and WHEREAS, adjustments to project schedules and the timing of the allocation of funds can be made to permit the timely completion of several critical projects. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Commonwealth Transportation Board and the Virginia Department of Transportation (VDOT) are requested to make the following modifications to the tentative allocation of funds and schedules of certain Primary System projects as follows: Route 7/15 Bypass Interchange Improvements. Change schedule and allocation of funds so that construction could begin by the summer of 1994. Route 7/15 Bypass Interchange Ultimate Completion. Revise right-of-way estimate to reflect that the land necessary for completion of the northeast quadrant will be conveyed to the town or VDOT at no charge in accordance with the conditions of Leesburg Rezoning #ZM-121 - Leesburg Corner. The town also supports the request by Loudoun County to divert the FY 1993-1994 funding allocation for the widening of Route 50 in Loudoun County for use for the Route 7/15 Bypass interchange. SECTION II. The Commonwealth Transportation Board and VDOT are requested to make the following modifications to the tentative allocation of funds and schedules for certain Urban System projects as follows: Catoctin Circle Extension. Adjust the funding allocations to a total of $300,000.00 or more in FY 1993-1994 and $100,000.00 in FY 1994-1995 to ensure that sufficient construction funds are available to award a construction contract in the spring of 1994. SECTION III. Councilmember Umstattd is authorized to transmit these recommendations to the Commonwealth Transportation Board at its June 10, 1993 public hearing. 93-111 - RESOLUTION -AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 9 WHEREAS, Richmond American Homes, the developer of Exeter Section 9, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the developer has required a one (1) year time extension to complete the public improvements; and 6/8/93 -3- WHEREAS, a corporate surety bond in the amount of $342,069.00 from the American Motorists Insurance Company was provided by the developer to guarantee the installation of public improvements in Exeter Section 9. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Motorists Insurance Company in the amount of $342,069.00 is approved to guarantee the installation of public improvements in Exeter Section 9. SECTION II. A time extension to June 13, 1994 for completion of the public improvements is approved. VOTE Aye: Councilmembers AtweH, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None ll.(d) was removed from the agenda. NEW BUSINESS ~2.(a) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 93-112 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR TACO BELL AT SHENANDOAH SQUARE SHOPPING CENTER RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shah execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Taco Bell at Shenandoah Square Shopping Center. SECTION II. A cash bond in the amount of $11,910.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Taco Bell at Shenandoah Square Shopping Center. DISCUSSION Mr. Webb asked that staff verify the hours of operation. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None lZ.(b) MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 93-113 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR EXXON SERVICE STATION #2-5854 AT SHENANDOAH SQUARE SHOPPING CENTER RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shah execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for the Exxon Service Station #2-5854 at Shenandoah Square Shopping Center. SECTION II. A corporate surety bond from the Federal Insurance Company in the amount of $25,425.40 is approved as security to guarantee installation of the public improvements shown on plans 6/8/93 -4- approved by the Director of Engineering and Public Works for the Exxon Service Station #2-5854 at Shenandoah Square Shopping Center. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 93-114 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL TO AMEND THE LEESBURG ZONING ORDINANCE BY ESTABLISHING A GOVERNMENT CEN'I~R ZONING DISTRICT, UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA, AS AMENDED. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of a public hearing with the Town Council to consider establishing a Government Center Zoning District shall be published in the Leesburg Today on June 18, 1993 and June 25, 1993 for the public hearing on July 13, 1993 pursuant to section 15.1-431 of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held in the Council chambers, 25 West Market Street, N.W., Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to consider this amendment to the Leesburg Zoning Ordinance. DISCUSSION Ms. Umstattd complimented staff for removing the public utilities provision. She stated she is supporting the ordinance because of the fire station provision. VOTE Aye-' Nay: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None !2.(d) MORON On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 93-0-20 - ORDINANCE - RENAMING WARRENTON TERRACE SOUTH OF AMBROSIA PLACE TO RADFORD TERRACE WHEREAS, according to Section 16-85 of the Town Code, a street name may only be changed by ordinance; and WHEREAS, Ronald L. Daniels, Executive Vice President of Globe USA, the developer of Exeter, Section 11, has requested renaming Warrenton Terrace South of Ambrosia Place to Radford Terrace; and WHEREAS, this request is consistent with the Town's policies regarding the names and addresses for parking courts; and WHEREAS, the requested change will benefit the Fire and Rescue efforts in that area by simplifying the street name locations; and WHEREAS, Mr. Daniels has asked the Council to expedite the enactment of this ordinance due to the imminent sale of homes in the area: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Warrenton Terrace, South of Ambrosia Place, N.E. in the Exeter, Section 11, is hereby renamed to Radford Terrace. SECTION II. Warrenton Terrace North of Ambrosia Place, N.E. will remain as it presently exists. 6/8/93 -5- SECTION III. All prior ordinance in conflict herewith are repealed. SECTION IV. This ordinance shall be in effect upon passage. VOTE Aye: Nay: MOTION Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None On motion of, and duly seconded, the meeting was adjourned at 8:40 p.m. ~James E. Clem, Mayor 6/8/93 -6-