HomeMy Public PortalAbout1994_06_28297
TOWN COUNCIL MEETING MINUTES OF JUNE 28, 1994
A regular meeting of the Leesburg Town Council was held on June 28, 1994, at 7:30 p.m. in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor.
INVOCATION was given by Councilmember Bange.
SALUTE TO THE FLAG was led by Councilmember Blake
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake (departed at 8:00 p.m.)
Joseph R. Trocino (absent)
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Also present were councilmembers-elect Frank Buttery and Jewel Emswiller
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Director of Parks and Recreation Gary Huff
Director of Planning, Zoning and Development Michael Tompkins
Zoning Administrator Scott Johnson
Town Attorney George Martin
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Messinger
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the special meeting minutes of June 14, 1994 (6:00 p.m.),
June 14 1994 (10:30 p.m.), and June 21, 1994 were approved as written. Special meeting minutes of June 23,
1994, were approved as corrected by Councilmember Atwell.
VOTE
Nay:
Absent:
Abstain:
Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem
None
Councilmember Trocino
Councilmember Atwell (June 21, 1994, June 23, 1994), Councilmember Blake (all meetings),
Councilmember Umstattd (June 14, 1994 - 6:00 p.m., June 21, 1994, June 23, 1994)
CERTIFICATES OF APPRECIATION
Mayor Clem presented Certificates of Appreciation to Councilmembers Georgia W. Bange and R. W. Blake.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following proclamation was proposed and adopted.
PROCLAMATION
Month of July as Parks and Recreation Month
WHEREAS, parks, open space, play, recreation and positive leisure experiences provide quality of
life for our community; and
WHEREAS, parks, recreation activities and leisure experiences create connections between people,
promote harmony and sense of belonging; and
WHEREAS, recreation activities provide outlets for stress, options for physical activity, fun and
preventative health insurance for all; and
WHEREAS, parks, playgrounds, trails and recreation centers make a community an attractive and
desirable place to live, work, play and visit; and
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WHEREAS, parks, greenways, trails, and open space protect and preserve our natural environment
and heritage for the future; and
WHEREAS, parks and recreation activities touch the lives of individuals, families and entire
communities; and
WHEREAS, parks and recreation activities impact upon the social, economic health, and
environmental aspects of our community:
THEREFORE, I, James E. Clem, Mayor of the Town of Leesburg do hereby proclaim the month of
July 1994 as Parks and Recreation Month. Citizens are encouraged to celebrate by participating in their
choice of quality of life activities and experiences, as well as maintaining these healthy and happy activities
and attitudes throughout the year.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem
None
Councilmembers Blake and Trocino
PETITIONERS
A representative of the YMCA announced that the 3rd Annual Rubber Ducky River Race would be held July
23, 1994 from 11 a.m. to 2 p.m.
Kevin GoeRer, representing the Ward Airpark, spoke about the advantages the Airpark has to offer as a
possible site for the proposed county complex. He stated the Airpark offers the best alternative for the Town
of Leesburg and Loudoun County.
Mary Fishback, representing the Balch Library Advisory Commission, read the Commission's mission
statement. The statement is made a part of the official record.
Bob Ellis, President of the Leesburg Volunteer Fire Company made the following statement.
"On Thursday June 23, the Leesburg Town Council, in executive session, requested from the LVFC a
commitment to a specific parcel of land to be used as a public safety site to house both the police and fire
company. As part of that commitment, you requested that we commit $325,000 toward the purchase of said
property and in return would receive the land, leased back from the Town of- Leesburg. When I requested
further information regarding the acquisition of the proposed parcel, I was met with a decisive, 'this is all the
information we are going to provide you'. When I attempted to explain that there was no way the LVFC can
commit to provide funding to the town for the purchase of a site without fur disclosure of the financial
information I was told, 'this is all you're going to get. Take it back to the Company and tell them.' In a
recent interview Mayor Clem had with WAGE Radio regarding a meeting he attended with county officials
to discuss the county complex, he stated, he was not very pleased with the outcome because they were very
vague about their intentions. If Mayor Clem was upset about that meeting, then he should understand the
position of the LVFC when we tell you that we are very displeasedwith the about face the Council has taken
regarding, including the LVFC, and any actions which would require the use of LVFC funds. It was the
intention of our request from the LVFC to the Town Council for assistance in the acquisition of a site to help
our monetary exposure so we could build, equip, and man the new station. As a volunteer organization, we
are limited in the activities in which we can raise funds, and stir maintain time to provide the necessary
training activities and emergency assistance required to protect the citizens and businesses in the Town of
Leesburg and the surrounding areas.
In a meeting, Sunday June 26, 1994, the LVFC recommended we consider your proposed site, however, in
order for any formal commitment to be made, aR offers must be placed in writing to the LVFC. Any offer
requiring company funds must be accompanied with fur financial details. It should be noted that the site
studied, we feel that the site requested for consideration is third as far as long term protection at the area to
be served. However, we will consider your offer location once the details are placed in writing and provided
to the company. We feel that if the Town Council truly wants to work in the spirit of cooperation, it should
not be hard to understand why any decision which requires funding from the LVFC, needs to be placed in
writing and all necessary details included."
Mayor Clem made the following comments. "Mr. Ellis, I would like to say a couple of things. One, I did
receive both of your letters. The first one, I did not respond to because it wasn't signed, of course the one
delivered yesterday was. But I think we need to go back to paragraph 1. I think here lies a problem that the
Council and the fire company have had. We ask you to commit to a specific parcel of land. We did not ask
you to commit to anything."
Mr. Ellis - "I think you did."
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Mayor Clem - ~No. Think about it for a second. Our attorney is here. We did not ask you to commit to any
land. We asked you to go back to the fire company and see if they would entertain that land. That is not a
commitment."
Mr. Ellis - "Your attorney asked us for the commitment and to commit our funds to this site."
Mayor Clem - 'The attorney doesn't set the policy in this town. If they do, it's somewhere written and I
haven't found it. Our attorney is here to hopefully keep us out of trouble. Our attorney did discuss
commitment of some monies and some other things. You never heard that from me or any member of the
Council present in that meeting."
Mr. Ellis - "Begging your pardon Mr. Mayor, most of the speaking was being done by your attorney. You all
weren't saying much of anything."
Mayor Clem - "Well, the discussion was going on between you and our attorney, and finally when I said, 'Mr.
Ellis there is only one question on the table, and that is is the membership interested in that site?' and that's
all we need to know. We agreed that before final dollars were discussed or method of payment took place,
that you all would be a part of it. You and I mutually agreed that if you have to invest in something, you
should have a say in it. I don't think anyone on the Council denies that or disagrees with that."
Mr. Ellis - "With all respect Mr. Mayor, I disagree with what you and I seem to have agreed upon. Our
request - and I believe Mr. McGuire made it in the meeting - was that we be included in all negotiations in
which our funds would be included. Not as a last minute here's the numbers, do you want it or not. And this
is what the Council is offering to the fire company. I tried to explain to you and the Councilmembers present,
that it would be very hard for the fire company to tell you anything of any firm commitment, so that you could
take any offer back to anybody - concrete - without those numbers. I was told I was not going to get them,
period."
Mayor Clem - "Well, I'll stand on what I said. There was one question given to you and that's all. All you
had to do was go back and ask were they interested at all. This Council never committed to dollars or to sites
in that meeting."
Mr. Ellis - "Your request was for one site, for us to commit our $325,000 from your attorney - that's what she
wanted me to take back - were we interested in it, also during that meeting if we would like to go - and I was
very aggravated at the way the meeting ended with persons walking out. All of a sudden we don't have a
quorum, without my questions being answered. After I sat outside for 45 minutes. After I spent half the night
here several days prior, until midnight only to get, 'well, we didn't get all our information corrected in time
to discuss whatever'. I think the fire company is willing to meet this council more than half way. However,
before we can do anything that you are requesting from us, we need the offers in writing. Numerous times
we have been told that offers have been given to you, and you have turned them down. To date, I would like
to see the very first offer that has ever been turned down from this town. We have no offers in writing. All
we are asking is that if the town wants us to do a site, work with them, that the offer and the particulars be
put in writing so that we can review it. Not discussions, bonafide offers."
Mayor Clem - "Well, I guess the best way I can respond to this is you still haven't got the message Sir. We
asked you to do one thing, one thing only. You were the one who insisted on dollar values. We have not
discussed dollar values. That's the problem Bob."
Mr. Ellis - "The problem is two-fold then, Mr. Clem. I asked Mr. McGuire to speak before this Council
several weeks ago. And he did. At that time, he got a royal chewing."
Mayor Clem "I don't think that has anything to do with this particular letter."
Mr. Ellis - "I think it has everything to do with it at this point Mr. Clem. Because part of the chewing we got
was we've turned down sites. In a letter from Mr. Webb, that was addressed to me on June 15, he tried to
clarify some of his statements to me. The letter speaks in the spirit of cooperation, and to make you aware
the concerted effort the town has invested to find a suitable site. We have sites that were turned down, and
he lists sites that we were supposed to have turned down as you are aware. I previously stated the Edwards
Landing site, the Pence-Friedel site and the town water site were offered to the LVFC but not accepted. This
seems to be what people think constitutes an offer. We happen to disagree with what we believe is a real
offer. The water site was never offered. It was a discussion that was held between you ar.d several ~thcr
personnel of the fire company. That does not constitute an offer by any means. The Pence-Friedel site, we
discussed that at length with the representative, Mr. Minchew, who was representing the bank I believe. We
offered him solutions to that site for him to take back. However, that was turned down when they found out
they didn't need to proffer, it was removed. Edwards Landing site, we did accept that site. However, we lost
that when they went bankrupt and their proffers were lost. To date, I'd like to see one site that we have
turned down that the town in true belief has sent to us. That's all I'm asking. If we're going to continue this
dialogue, we need it to be in a manner in which each one of us knows exactly where the other person stands.
That's what the fire company is requesting."
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Mayor Clem - "We do plan to have a meeting with the fire company this week. We will need to know the
answer to the question that I asked and I assume that has been delivered in the last paragraph that you all
are willing to consider any site. But recognizing the rules of the fire company and you also clearly state that
you could not speak for the fire company without taking it back. We all respect you for that. There was really
only one question. The attorney had the right to ask anything she wanted. But this Council -"
Mr. Ellis - "Am I wrong in the statements that you all gave me when I asked questions? That these were the
answers you were giving me? I believe it's on your first page, fourth paragraph."
Mayor Clem - "I think your statement where it says, 'Mayor Clem was upset about the meeting' -"
Mr. Ellis - "No it would be in the second paragraph. 'This is all the information we are going to provide you.
This is all you're going to get. Take it back to the company.'"
Mayor Clem - "At the time that's all we offered you, was a simple question to take back to the fire company.
That is correct."
Mr. Ellis - "It was a very vague question that in taking it back, it didn't meet the needs we had thought you
were going to do. When the meeting adjourned, it was rather chaotic. People weren't answering my
questions."
Mayor Clem - "Well, I think that there was some discussion. At that time a quorum did not exist. When we
come out of executive session, in order that the meeting be held legal and proper, I dismissed myself, so that
ihe remaining councilmembers could be -"
Mr. Ellis - "There was no discussion held after that. Everybody got up and left me standing."
Mayor Clem - "But I'm just saying that's why I volunteered to excuse myself. This week, there will be a
meeting either Wednesday or Thursday to talk to the fire station site only."
Jewell Emswiller - thanked Ms. Bange and Mr. Blake for the public service they have given to the Town of
Leesburg. She noted they always had one agenda and that was what was good for Leesburg.
NEW BUSINESS
11.0)
Scott Johnson presented a staff report.
Ted Jackson, Board member of Union Cemetery, provided a brief report.
Mayor Clem stated the Town of Leesburg wants to be a good neighbor. He pointed out that several agencies
are involved in this issue and was concerned with time constraints. Mayor Clem clarified that the Town of
Leesburg pledged $2,300 not $3,200.
Mr. Atwell stated the Finance Committee previously approved the request for a galvanized fence. He
expressed concerns that two different colors of fence would not look good, and supported the galvanized fence.
Mr. Webb agreed with the Finance Committee's original recommendation.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted.
94-133 - A RESOLUTION: REVERSING THE DECISION OF THE BOARD OF ARCHITECTURAL
REVIEW (BAR) IN CASE # BAR-94-52
WHEREAS, on June 6, 1994 the Board of Architectural Review (BAR) considered the installation
of a fence for the Union Cemetery, and approved the request subject to the applicant installing a black-vinyl
coated fence within the H-2 District; and
WHEREAS, a portion of the fence along Old Camp Road is within the H-2 District, and is subject
to an agreement with the Town to share in the cost of the installation; and
WHEREAS, prior to the BAR hearing, Council negotiated with the applicant in good faith and
established the Town's monetary contribution for the installation of the fencing; and
WHEREAS, the contract with the fence company and the other involved parties were also negotiated
in good faith and must be executed prior to June 30, 1994.
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WHEREAS, the decision of the BAR to require the fencing as black-vinyl will delay the completion
of the contract and result in an unacceptable expenditure by the Town of Leesburg.
VOTE
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The decision in case #BAR-94-52 is hereby reversed.
Aye: Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmembers Blake and Trocino
COUNCILMEMBER COMMENTS
Mr. Webb requested the status of the traffic situation at Evergreen Mill Road/Country Club Drive.
Mr. Brown updated the Council on the issue and stated the town will proceed with recommendations to the
TCC to get $120,000 for funding of the signal.
Mr. Webb stated the School Board was very concerned with the safety of children and school buses. He asked
what could be done before school starts to make the intersection safer.
Mr. Brown responded that a contract for a right turn lane will be awarded this summer and construction
completed hopefully before school starts.
Ms. Umstattd congratulated Barbara Messinger on becoming a certified municipal clerk.
Mr. Atwell seconded Ms. Umstattd's remarks concerning Ms. Messinger.
He thanked Ms. Bange and Mr. Blake for their diligent service to the Town of Leesburg. It was a pleasure
and an honor working with both of them.
Ms. Bange stated that she was honored to be elected to the Council and considered it a learning experience.
She believed the Council is moving in the right direction and that all who supported her. She expressed
support of the town staff and Council.
Mr. Webb thanked Mr. Brown and the town staff for hosting the 4oH students from Costa Rica.
MAYOR'S REPORT
Mayor Clem stated he was sad to see Ms. Bange and Mr. Blake leave but found it rewarding to see Mr.
Buttery and Ms. Emswiller coming on board.
He congratulated Ms. Messinger on her CMC accomplishment.
He also congratulated the Moose Lodge on its new building.
Mayor Clem congratulated Thomas Parr for his achievement in becoming an Eagle Scout.
MANAGER'S REPORT
Mr. Brown expressed his and the town staff's appreciation to Ms. Bangc and Mr. Blake for their outstanding
service. Hc hoped their service to the town would continue.
He stated he is looking forward to working with Mr. Buttery and Ms. Emswiller.
Mr. Brown announced a block party will bc held at Stoncledgc Place on July 4th from 3 p.m. to 10:30 p.m.
He congratulated Peter Stcphenson on graduating from Leadership Loudoun.
LEGISLATION
10.(a),(b),(c),(d),(e)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent and
adopted.
94-134 - A RESOLUTION: INITIATING AN AMENDMENT TO SECTION 13A-2(2) OF THE
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LEESBURG ZONING ORDINANCE TO MAKE THE ZONING MAP
AMENDMENT DISCLOSURE STATEMENT CONSISTENT WITH THE 1950
CODE OF VIRGINIA, AS AMENDED
WHEREAS, public necessity, general welfare, and good zoning practice require the evaluation of
existing ordinances to ensure they remain consistent with the Code of Virginia; and
WHEREAS; the Town Attorney recommends that Section 13A-2(2) of the Leesburg Zoning
Ordinance be revised in order to make the disclosure statement submitted with zoning map amendments
consistent with the provisions of Title 15.1-491 of the 1950 Code of Virginia, as amended; and
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows;
SECTION I. An amendment to Section 13A-2(2) is hereby initiated as indicated below:
Section 13A-2 INITIATION OF AMENDMENTS
(2)
Amendments to the zoning boundaries or classification of property shown on the Zoning Map may
be initiated by property owners of the land proposed to be rezoned, by the filing with the Council of
a Zoning Map amendment petition addressed to the Council, which petition shall be on a standard
form approved by the Planning Commission and provided by the Zoning Administrator, and
accompanied by a fee of $1600 for the first 20 acres plus $40 per each acre thereafter, and other
material and data required in said form.
Zoning Map Amendment Applications shall include a disclosure statement, signed by the property
owners, contract purchasers or the agents thereof, which shall be sworn to under oath before a notary
public or other official before whom oaths may be taken, stating whether or not any member of the
local planning commission or governing body has any interest in such property, either individually,
by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust,
or the settlor of a revocable trust or whether a member of the immediate household of any member
of the planning commission or governing body has any such interest.
information current at a~ times during the processing of the application.
SECTION II. The Planning Commission shall hold a public hearing and 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.
94-135 o A RESOLUTION: AUTHORIZING A NOTICE OF PUBLIC HEARING FOR #ZM-140
U.S.C.T.A.HEADQUARTERS, REZONING AND TOWN PLAN AMENDMENT,
BY THE WESTMORELAND DAVIS MEMORIAL FOUNDATION, INC.
RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows:
A notice of Public Hearing to consider application #ZM-140 U.S.C~T.A. Headquarters, rezoning and Town
Plan amendment, by the Westmoreland Davis Memorial Foundation, Inc. shall be published in the Leesburg
Today on July 13, 1994 and July 20, 1994 for public hearing on Tuesday July 26, 1994 in the Council Chambers
of the Government Center at 25 West Market Street, Leesburg, Virginia 22075.
94-136 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE
GUARANTEE FOR THE AMOCO SERVICE STATION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the r,: ...... of ~,,s ......mg and Public Works for the Amoco
Service Station.
SECTION II. The corporate surety bond in a form approved by the town attorney from USF&G
in the amount of $21,000.00 is approved as security to guarantee installation of the public improvements shown
on the plans approved by the Director of Engineering and Public Works for the Amoco Service Station.
94-137 - A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT OLD MILL KENNELS
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WHEREAS, Old Mill Kennel, Inc., the developer of Old Mill Kennels has completed the public
improvements in accordance with approved plans and town standards, and these have been inspected and
approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from F & M Bank - Winchester in the amount of $6,800.00 is
released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount
of $1,700.00 is approved, and shall be in effect for a period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument conveying
unto the town all such improvements and easements free of any liens or charges.
94-138 - A RESOLUTION: RELEASING THE PERFORMANCE GUARANTEE FOR THE PAXTON
SEWAGE PUMPING STATION
WHEREAS, the Paxton Development Company, the developer of the Paxton Section II Subdivision
has completed the installation and removal of the interim sewage pumping station and force main for the
Paxton Subdivision in accordance with the approved plans and town standards; and
WHEREAS, the pumping station was only temporary and the gravity sewer taking the place the of
Sewage Pumping Station has been installed and the station has been completely removed from the site.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from F & M Bank - Winchester in the amount of $25,260.00 is
released and the obligations under the terms of the contract for installation of public improvements are
deemed fulfilled.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem
None
Councilmembers Blake and Trocino
10.(0
MOTION
On motion of Ms. Bange, seconded by Mr. Webb the following resolution was proposed and adopted.
94-139 - A RESOLUTION: AUTHORIZING AN AMENDMENT TO A REIMBURSEMENT
AGREEMENT FOR WATERLINE CONSTRUCTION
WHEREAS, the Town of Leesburg entered into a lump sum Reimbursement Agreement on April
13, 1993, in the amount of $30,065.85, with Trafalgar House Properties, Inc., for waterline construction serving
the Greenway Farms development; and
WHEREAS, said agreement did not specifically address compensation for rock excavation performed
by Trafalgar's contractor; and
WHEREAS, Trafalgar has paid their contractor, William A. Hazel, Inc., an additional $40,203.00 for
rock excavation pursuant to their agreement; and
WHEREAS, Trafalgar has formally petitioned Council, subsequent to completion of construction, to
amend said agreement, for reimbursement of construction costs exceeding said agreement in the amounts of
$27,247.78 for rock excavation and $1,287.00 for additional asphalt overlay requested by the town;
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is hereby authorized and directed to execute an amendment, on behalf of the town, to
the Trafalgar House Property, Inc., Reimbursement Agreement dated April 13, 1993, in the amount of
$21,287.00, in a form approved by the town attorney for additional construction costs encountered in
construction of the waterline improvements.
DISCUSSION
Mr. Atwell agreed with $1,287, however he didn't agree with the $27,247.78. He stated he could support
$20,000 in addition to the $1,287.
Mr. Webb agreed with Mr. Atwell's suggestion of $20,000 instead of the $27,247.78.
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Ms. Umstattd stated she agreed with Mr. Atwell that the $1,287 is more appropriate and that the $20,000 is
a better arrangement, but would continue to oppose it because this was a case where a private contractor
made a bad deal with his sub-contractor. She didn't believe the town should bail out a private contractor.
She commended Mr. Atwell and Mr. Webb for bringing the amount down.
VOTE
Aye: Councilmembers Atwell, Bange, Webb, and Mayor Clem
Nay: Councilmember Umstattd
Absent: Councilmembers Blake and Trocino
This item was referred to a special meeting of the Town Council.
10.(h}
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and adopted.
94-0-22 - AN ORDINANCE: APPROVING REZONING APPLICATION #ZM-137 BY PENCE-FRIEDEL
DEVELOPERS, INC. AND AMENDING THE ZONING DISTRICT MAP
WHEREAS, on October 26, 1993, the Town Council received and referred the application of Robert
Frank Pence, c/o Pence-Friedel Developers, Inc. for rezoning and revision of the Zoning District Map and
setting a joint public hearing with the Planning Commission; and
WHEREAS, the final application consists of two (2) one-half acre lots located on the south side of
Edwards Ferry Road, near the southwest quadrant of the intersection of Edwards Ferry Road and the Route
15 Bypass, and requests rezoning from R-22 to B-3; and
WHEREAS, on November 9, 1993, the originally scheduled joint public hearing was cancelled; and
WHEREAS, on December 16, 1993, the Planning Commission held a public hearing to consider this
application; and
WHEREAS, on March 3, 1994, the Planning Commission recommended denial of this rezoning
application; and
WHEREAS, on April 12, 1994, the Council held a public hearing; and
WHEREAS, this rezoning request is in the interest of public necessity, convenience and general
welfare:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-137 by Pence-Friedel Developers, Inc. is approved. The
Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change two (2) one-half acre
parcels of land from R-22 to B-3. The property is identified as Loudoun County Tax Map 49A-1 and 49 A-2
and is located on the south side of Edwards Ferry Road, N.E., near the southwest quadrant of the intersection
of Edwards Ferry Road and the Route 15 Bypass. This approval is subject to the following conditions
proffered in writing by the applicant in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as
amended.
Perimeter Parking Lot Landscaping. The ten foot (10') wide perimeter parking lot
landscaping area required by Section 9A-9(3)(a) is hereby modified to include a
pedestrian sidewalk as depicted on the drawing attached hereto as Exhibit B and
incorporated herein by reference. Any landscaping required by the zoning ordinance
that cannot be accommodated in this area shall be provided in the other required
buffer areas. Further-more, the buffer yard along the south and west boundaries of
Parcel 49((1)) Parcel 2 and the south boundary, of Parcel 49A((1)) as required in
Section 9A-16 is hereby modified to 10 feet as represented in Exhibit C shown as
Retail A.
Proffers Run with the [.and. Each reference to "Applicant" in this proffer shall
include within its meaning, the Applicant, the owner and its successors and assigns
and the proffers shall be binding on and shall run with the land.
SECTION II. This Ordinance shall be in effect upon its passage.
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DISCUSSION
Ms. Umstattd commended Ms. Welsh for her legal opinion. She continued to be concerned that there were
no proffers provided to buffer between this site and the adjacent residential areas beyond what is required
under town ordinance. She stated it was difficult to vote against the issue because in general she liked the
fact that something was being rezoned to commercial use.
VOTE
Aye: Councilmembers Atwell, Bange, Webb, and Mayor Clem
Nay: Councilmember Umstattd
Absent: Councilmembers Blake and Trocino
NEW BUSINESS
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and adopted.
94-140 - A RESOLUTION: AUTHORIZING A SETTLEMENT FOR THE TOWN OF LEESBURG VS.
TRANSAMERICAN AIRPORTS, INC. LAND ACQUISITION CONDEMNATION
SUIT
WHEREAS, the Leesburg Town Council Resolutions No. 93-105 and 93-165 (attached) authorized
the purchase and subsequent condemnation of 0.4701 acres of land from TransAmerican Airports, Inc. for the
Leesburg Municipal Airport; and
WHEREAS, condemnation proceedings are scheduled to begin in July, 1994; and
WHEREAS, a negotiated settlement in lieu of court action was reached on June 16, 1994 between
the Deputy Town Attorney and the legal representative of the property owner; and
WHEREAS, the Federal Aviation Administration reviewed the negotiated settlement and accepted
the same on June 20, 1994; and
WHEREAS, on June 23, 1994 the Deputy Town Attorney requested that the Town Council authorize
the negotiated settlement of the above condemnation suit in the amount of $82,500 on June 28, 1994:
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Subsequent to the adoption of Resolution No. 93-105 and 93-165, the Town Council hereby authorizes
a settlement for the Town of Leesburg vs. TransAmerican Airports, Inc. land acquisition condemnation suit
in the amount of $82,500. Settlement of the same remains subject to the receipt of 90% of the total project
cost from the Federal Aviation Administration, 05 % from the Virginia Department of Aviation, and 05 % from
the Town of Leesburg. The Town Manager and Deputy Town Attorney are authorized to execute this
settlement for real property acquisition for the Leesburg
Municipal Airport by General Warranty Deed, granting fee simple title, free and clear of any and all liens,
insurable by a title insurance company of the town's choice, in a form approved by the town attorney.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem
None
Councilmembers Blake and Trocino
MOTION
A motion was made by Ms. Bange, seconded by Mr. Atwell to accept the Balch Library Mission Statement.
DISCUSSION
Deborah Welsh recommended holding off until the property was acquired, or suggested adopting the mission
statement for an interim period and have Loudoun County adopt also. She stated she would speak with Jack
Roberts on June 29, 1994.
VOTE
Nay:
Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem
None
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336
Absent:
Councilmembers Blake and Trocino
A special meeting of the Town Council was scheduled for June 29, 1994 at 5 p.m. of the Town Council
regarding the following:
Making supplemental appropriations to the general Fund Budget for the fiscal year ending June 30,
1994.
Fire station site
Town Manager's evaluation
MOTION
On motion of, and duly seconded, the meeting was adjourned at 9:20 p.m.
Clerk of Council
James E. Clem, Mayor
co6/28/94 - 10-