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HomeMy Public PortalAbout1994_11_09TOWN COUNCIL MEETING MINUTES OF NOVEMBER 9, 1994 A regular meeting of the Leesburg Town Council was held on November 9, 1994, 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 the Reverend Finkster SALUTE TO THE FLAG was led by Councilmember Emswiller ROLL CALL Councilmembers present George F. Atweil Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd (absent) William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas Mason Assistant Town Manager for Economic Development James Gahres Director of Planning, Zoning, and Development Michael Tompkins Planner Marilee Seigfried Planning Assistant Mary Mack Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Town Clerk Barbara Messinger Planning Commission members present Mervin Jackson, Chairman Mike Belles Gus Glikas B.J. Webb APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the regular meeting minutes of October 25, 1994, and the special meeting minutes of October 19, 1994 and October 28, 1994 were approved as written. VOTE Aye~ Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd RESOLUTION OF RESPECT MOTION On motion of, and duly seconded, the following Resolution of Respect was proposed and unanimously adopted. RESOLUTION OF I SPECT Lisa Evans Crittenton WHEREAS, Lisa Evans Crittenton, Assistant Commonwealth's Attorney for the County of Loudoun from 1989 to 1994, died on September 6, 1994, at the age of 31; and WHEREAS, Mrs. Crittenton, a graduate of the University of Virginia and the University of Maryland School of Law, was a member of the District of Columbia and Virginia State Bars; and WHEREAS, Mrs. Crittenton, in her professional capacity, prosecuted cases in the Circuit Court and General District Court of Loudoun County on behalf of the Town of Leesburg; and WHEREAS, Mrs. Crittenton provided other legal assistance to the Police Department of the Town of Leesburg; and WHEREAS, the Mayor and members of Council appreciate the service Mrs. Crittenton provided to the citizens of the Town of Leesburg. THEREFORE BE IT RESOLVED that the Mayor and members of Council of the Town of Leesburg in Virginia offer this Resolution of Respect in memory of Lisa Evans Crittenton on behalf of the Town. ~ of Leesburg and offer .their sympathy to her family and friends; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be provided to her family. DISCUSSION Mr. Buttery presented the Resolution of Respect to the family of Assistant Commonwealth's Attorney Lisa Evans Crittenton. Reverend Finkster lead the audience in a prayer for Ms. Crittenton. VOTE Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd PETITIONERS Dr. Mary Portcheller introduced herself as the new Director of Shenandoah University's Leesburg Center. Chuck Thornton introduced Marcey Finnel of the Edward D. Jones & Company investment firm, as sponsor of the Great American Main Street Award program. He described the criteria for the entries. Mr. Thornton thanked those involved in preparing the application and asked for the Town Council's endorsement. John Higgins, representing the Loudoun County School Board, spoke of many upcoming changes that would affect the Town of Leesburg. He wanted the town and citizens to be aware of the issues. Gordon MacDowell addressed the Town Council regarding the Mighty Midget Kitchen. Lisa Cooper, a resident of 419 Foxridge Drive, S.W., addressed the Town Council regarding the placement of transformers in front yards. She considered the boxes to be extremely unsightly. Ms. Cooper stated the power companies are not consumer oriented and wanted the Council to be aware of this. Mr. Webb assured Ms. Cooper he would look into the situation and be in touch with her. J. B. Anderson announced his new position as a Drug Task Force Coordinator with National Housing Partnerships. He introduced Ms. Niko Hamm, a case worker for the Drug Task Force staff. Mr. Anderson invited the Council to come by and observe their work at Loudoun House. Mr. Trocino congratulated Mr. Anderson and Ms. Harem for their work. PUBLIC HEARING: To consider Special Exception Application #SE-94-02 by Sue Ann Phillips~ Home-Based Day Care Marilee Seigfried presented the staff report. Maury Hummel, a resident of 231 North Street, spoke in support of the application. Laurie O'Donnel spoke in support of the application. Pc _v. gy Ekland, a state licensed day care provider, asked that the town look at family day care as a necessity. Col 10994 -2- Pe__~gy Eldridge. a resident of 309 Lounsbury Court, spoke in support of the application. Paul Lyon, a resident of 314 Lounsbury Court, N.E., stated he has had no problems with traffic or the children and asked the Council to approve the application. Ma~ Henderson, a resident of 214 Fort Evans Road, N.E., spoke in support of the application. Bill Lambert, a resident of 308 Lounsbury Court, stated he has had no problems with the traffic or the children and supported home day care at Ms. Phillips' home. Mayor Clem closed the public hearing. MOTION On motion of Mr. Webb, seconded by Mr. Atwell, the following ordinance was proposed and adopted. 94-0-33 - AN ORDINANCE: APPROVING SPECIAL EXCEPTION #94-02 HOME-BASED DAY CARE, BY SUE ANN PHILLIPS WHEREAS, Sue Ann Phillips has requested special exception approval to operate a child care center from a residence located at 313 Lounsbury Court N.E.; and WHEREAS, a child care center is a special exception use in the R-6 zoning district; and WHEREAS, on November 3, 1994, the Planning Commission forwarded #SE-94-02 to Council without recommendation to allow comments from the public to be heard and considered by Council at the public hearing prior to any action being taken; and WHEREAS, on November 9, 1994, the Town Council held a public hearing on this application; and WHEREAS, the proposed use meets the general review criteria set forth in the special exception regulations of the zoning ordinance. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-94-02 Home-Based Day Care, by Sue Ann Phillips, 313 Lounsbury Court N.E., as identified in the Loudoun County Tax Records as Tax Map 48A ((25)) Parcel 11, is hereby approved subject to the following conditions: The total number of children cared for throughout the day shall not exceed the number currently receiving care. 2. Hours of operation shall not be extended beyond the current hours of operation. SECTION II. This ordinance shall be in effect upon its passage. DISCUSSION Mr. Trocino made comments in support of the application. Mayor Clem supported home day care. VOTE Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd PUBLIC HEARING: Joint Public Hearing to consider #CP-94-01 County of Loudoun Government Center Commission Permit Application/#ZM-142 County of Loudoun Government Center Rezonimt Application by the Town of Leesbure Marilee Seigfried presented thc staff report. John Rocca considered thc complex important to the town's economy. He supported the application Co 110994 -3- and requested the Council move expeditiously. Bruce Drenning. a business owner at 105 East Market Street, stated he supports the proposed project but does have some concerns. He requested the distance between his building and the planned parking facility be 7 feet. He also asked the Council to investigate and be aware of what the provisions are for exhaust fumes produced in the garage. Mr. Drenning requested a parapet be placed at the roof level. He also expressed concerns with the effects of demolition on nearby buildings. Mayor Clem closed the public hearing. Ms. Emswiller asked questions pertaining to the proposed garage. Ed Broderick addressed Ms. Emswiller's questions. Mr. Webb reported the Planning Commission voted unanimously in support of #CP94-01 and #ZM- 142. COUNCILMEMBER COMMENTS Ms. Emswiller made no comments. Mr. Atwell made no comments. Mr. Webb stated 60 to 70% of Loudoun County residents voted on November 8th. He expressed concern that Virginia representatives have petitioned to have Virginia withdraw from the regional transportation plan. Mr. Webb requested that Mr. Brown write a letter to the Secretary of Transportation opposing any move withdrawing Virginia from the Transportation Committee. Mr. Webb reported a shake-up in the cable TV company. He stated the system in Leesburg and Loudoun County formerly known as Benchmark is now Cablevision of Loudoun. He also mentioned personnel changes in the company. Mr. Buttery_ announced the 2nd Annual Loudoun History Awards would be presented Sunday November 13th, 1994 at the Thomas Balch Library. He noted there would also be recognition of the transfer of the facility from Loudoun County to the Town of Leesburg. He clarified a quote reported in the Loudoun Times mirror by stating the county government center will be Mgood" for Leesburg as a whole - not just for the downtown area. Mr. Trocino announced the week of November 14th is American Education Week and also National Geography Awareness Week. Ms. Emswiller thanked Mr. Gahres, Chuck Thornton, and the members of the committee that worked on the Main Street Award program. MAYOR'S REPORT Mayor Clem stated it was good to see the council chambers filled with people tonight. He and Mr. Brown attended a meeting with Exeter residents on November 8, 1994 to discuss their water/sewer bills. He stated the town is working to resolve the problems. MANAGER'S REPORT Mr. Brown reviewed the Activity Report. He announced former Town Clerk Dorothy Rosen has been hospitalized at Loudoun Hospital Center. He wished Christopher Brown a happy 13th birthday. LEGISLATION ll.(a) Co110994 -4- MOTION On motion of Mr. Trocino, seconded by Mr. Webb the following ordinance was proposed and adopted. 94-0-34 - AN ORDINANCE: AMENDING THE LEESBURG ZONING MAP AND APPROVING A REZONING APPLICATION FOR #ZM-142 COUNTY OF LOUDOUN GOVERNMENT CENTER REZONING APPLICATION BY THE TOWN OF LEESBURG WHEREAS, on October 19, 1994, the Town Council initiated a rezoning and set a joint public hearing for rezoning application #ZM-142 County of Loudoun Government Center by the Town of Leesburg to rezone a property from B-1 (Downtown Mixed Use) to GC (Government Center) on a property bounded by East Market, Loudoun, Harrison and Church Streets, as further identified in the Loudoun County Tax Records as Tax Map 48A, Block 30, Parcel 5; and WHEREAS, architectural elevations prepared by Davis & Carter, P.C. were submitted on October 31, 1994; and WHEREAS, on November 9, 1994 the Town Council and Planning Commission held a joint public hearing to consider this application; and WHEREAS, on November 9, 1994 the Planning Commission approved Commission Permit #CP-94-01 to allow the County of Loudoun Government Center to locate on a property bounded by East Market, Loudoun, Harrison, and Church Streets, as further identified in the Loudoun County Tax Records as Tax Map 48A, Block 30, Parcel 5; and WHEREAS, following the joint public hearing, the Planning Commission recommended to Council approval of #ZM-142 County of Loudoun Government Center rezoning with the following considerations: Reduced setbacks for the front, side and rear yards, pursuant to Section 4G-6 Yard Requirements, to zero to facilitate a structure that is harmonious and compatible with the surrounding uses; and Modification to Section 4G-7 Height Limitations for Principal Structures, to permit a height of 90 feet to facilitate the proposed building; and 3. Reduced minimum buffer yards to zero; and Reduced minimum site design standards for parking lot landscaping, street trees, and loading space screening will be in general conformance with the Zoning Site Plan prepared by Davis & Carter, P.C. dated October 29, 1994; and o Reduced minimum parking spaces to 418 and the loading spaces required will be in general conformance with the Zoning Site Plan as prepared by Davis & Carter, P.C. dated October 29, 1994. WHEREAS, this rezoning is in the interest of public necessity, convenience, general welfare and good zoning practice. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-142 by the Town of Leesburg is hereby approved and the Leesburg Zoning District Map is amended to change the zoning on an approximately 2.58 acre parcel of land from Bol to GC. The subject property is bounded by East Market, Loudoun, Harrison, and Church Streets, southeast, and is further identified in the Loudoun County Tax Records as Tax Map 48A, Block 30, Parcel 5 as shown on the Zoning Site plan prepared by Davis & Carter, P.C. dated October 29, 1994. This approval for rezoning application #ZM-142 includes the following modifications: Reduced setbacks for the front, side and rear yards, pursuant to Section 4G-6 Yard Requirements, to zero to facilitate a structure that is harmonious and compatible with the surrounding uses; and 2. Modification to Section 4G-7 Height Limitations for Principal Structures, to Co110994-5- permit a height of 90 feet to facilitate the proposed building; and 3. Reduced minimum buffer yards to zero; and Reduced minimum site design standards for parking lot landscaping, street trees, and loading space screening will be in general conformance with the Zoning Site Plan prepared by Davis & Carter, P.C. dated October 29, 1994; and Reduced minimum parking spaces to 418 and the loading spaces required will be in general conformance with the Zoning Site Plan as prepared by Davis & Carter, P.C. dated October 29, 1994; and Construction on the site will be in general conformance with architectural elevations prepared by Davis & Carter P.C. and received by the Planning Department on October 31, 1994. SECTION II. This ordinance shall be in effect upon its passage. DISCUSSION Mr. Trocino stated this ordinance is important to the Town of Leesburg. He considered it an investment that will "come home 10 fold". Ms. Emswiller commented she will support Mr. Trocino, but is not so inclined to approve reductions requested if the building didn't serve a public purpose. Mr. Webb recommended considering Mr. Drenning's concerns. VOTE Nay: Absent: Councilmembers Atwcll, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd ll.(b),(c).(d),(f) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolutions were proposed as consent and adopted. 94-233 - A RESOLUTION: SUPPORTING THE TOWN OF LEESBURG'S ENTRY INTO THE GREAT AMERICAN MAIN STREET AWARDS COMPETITION WHEREAS, the economic health and cultural vibrancy of downtown Leesburg is crucial to the overall well being of the Town of Leesburg; and WHEREAS, the Town of Leesburg wholeheartedly supports and, through its financial contributions to the revitalization effort, and commitment to maintaining local government offices in the downtown area, materially participates in efforts to revitalize downtown Leesburg; and WHEREAS, Leesburg's Town Council believes that downtown revitalization efforts in the Town of Leesburg represent a large percentage of the town's economic development effort to maintain the economic vitality of all Leesburg's businesses. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of Leesburg fully supports this entry into the Great American Main Street Awards Competition. 94-234 - A RESOLUTION: CANCELLING THE DECEMBER 20, 1994, PLANNING AND ZONING, ADMINISTRATION AND PUBLIC WORKS AND FINANCE COMMITTEE MEETINGS AND THE DECEMBER 27, 1994, TOWN COUNCIL MEETING RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The December 20, 1994, Planning and Zoning, Administration and Public Works and Finance Co110994-6- Committee meetings and the December 27, 1994, Council meeting are cancelled. 94-235 - A RESOLUTION: AUTHORIZING A CONTRIBUTION TO THE LOUDOUN MUSEUM FOR THE PURPOSE OF RELOCATING AND REMOVING TREES AT THE LOUDOUN MUSEUM WHEREAS, representatives of Loudoun Museum requested at the November 1, 1994, Finance Committee, funds necessary to remove two dogwoods and transplant a Ginko and a Norway Spruce at the Loudoun Museum; and WHEREAS, the tree removal and transplant is requested to improve and expand the garden at the Loudoun Museum; and WHEREAS, correspondence dated October 19, 1994, from Stump Jumper Tree Spade Service to the Loudoun Museum estimated that the tree service would cost $1150; and WHEREAS, the town is the landlord for the property and the Finance Committee unanimously approved the appropriation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the general fund unappropriated fund balance to the Loudoun Museum in the amount of $1150 for the purpose of removing and relocating trees in the Museum's garden. 94-236 - A RESOLUTION: AUTHORIZING THE SALE OF SURPLUS PROPERTY WHEREAS, several items of surplus property have outlived their usefulness to the town; and WHEREAS, the property must be disposed of at an advertised public auction; and WHEREAS, an auction has been set for noon on Friday, November 18, 1994 at the Public Works Warehouse grounds at 1393 East Market Street: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to sell at public auction on November 18, 1994 the following surplus property: 1973 Drum Style Brush Chipper 1984 Plymouth K-car 1986 Chevrolet Caprice 1987 Ford Crown Victorias Bishman 2100 Tire Changer Silver Reed EX50 & EX60 Typewriters Air Conditioning Compressor Electric Typewriters Telephone Desk Set Units IBM 5219, System 36 Computer and Printer Miscellaneous Bicycles and parts Time clock SECTION II. The manager shall publish appropriate notices of the items available in the November 9 and 16 Leesburg Today and Loudoun Times-Mirror. VOTE Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd MOTION On motion of Mr. Atwell, seconded by Mr. Buttery, the following resolution was proposed and adopted. Co110994 -7- 94-237 - A RESOLUTION: AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES AND SETTING A PUBLIC HEARING WHEREAS, the Town Council has decided to acquire real property to be used as a Public Safety Center Site for the Leesburg Police Department and the Leesburg Volunteer Fire Department; and WHEREAS, the contract purchase price of this site is $893,000 with settlement scheduled to occur on December 9, 1994; and WHEREAS, the Town Council has decided to assist with the development of an administrative office facility to house the Loudoun County government offices in the historic district; and WHEREAS, this assistance requires a $3,000,000 contribution on behalf of the town by December 1, 1994 plus the design and construction of the box culvert and other capital projects estimated at $800,000; and WHEREAS, in order to meet these financial obligations the town must secure debt financing. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is authorized to proceed to obtain up to $4,800,000 in General Obligation Bond Anticipation Notes to finance the costs of the acquisition of a site for a police and fire station and to fund the town's contribution to the Loudoun County Government Center. SECTION II. A public hearing will be held at 7:30 P.M. on November 22, 1994, before the Town Council in the Council Chambers at 25 West Market Street, Leesburg, Virginia, concerning the issuance of general obligation bonds and notes in anticipation thereof. VOTE Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd 11.(i) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-238 - A RESOLUTION: AWARDING THE USE OF THE FORMER MIGHTY MIDGET KITCHEN TO GORDON MACDOWELL AND THE MACDOWELL COMPANIES WHEREAS, The Town Council authorized a Request for Proposals for the proposed relocation and use of the former Mighty Midget Kitchen, which is presently owned by the town and being held in storage; and WHEREAS, Mr. Gordon MacDowell of The MacDowell Companies submitted a proposal for the council's consideration by the September 30, 1994 deadline; and WHEREAS, the Town Council Administration and Public Works Committee on November 1, 1994 recommended in favor of an alternative proposal by a vote of 2 to 1; and WHEREAS, the Town Council deems Mr. MacDowell's proposal however to be the best proposal: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to prepare an agreement with Mr. Gordon MacDowell of The MacDowell Companies for the use of the former Mighty Midget Kitchen structure, for the Mayor's review and execution. Said agreement shall include a reversionary clause Co110994-8- allowing the town to reassume possession of the structure should Mr. MacDowell and/or The MacDowell Companies cease to use the structure for the agreed upon use. DISCUSSION Mr. Webb asked that the motion made at the November 1, 1994, Administration and Public Works Committee meeting be noted in these minutes. The vote was 2-1 in favor of the Mallone proposal. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem Nay: None Absent: Councilmember Umstattd Mr. Trocino stated the sooner the legislative packet could be agreed upon the sooner it can be lobbied in Richmond. NEW BUSINESS MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-239 - A RESOLUTION: APPROVING THE VACATION OF A WATERLINE EASEMENT IN THE LINDEN HILL SUBDIVISION WHEREAS, Linden Hill Homeowners Association, Inc. has requested a portion of the waterline easement be vacated as shown on a plat entitled Plat Showing Additional Easement Across Parcels "E" and "F", Phase II, Linden Hill, prepared by Paciulli Simmons and Associates; and WHEREAS, the original alignment of the waterline easement conflicts with the driveway entrance to Lot #18 in the Linden Hill Subdivision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: The vacation of the portion of the waterline easement as shown on the plat entitled 'Plat Showing Additional Waterline Easement Across Parcels 'E" and "F~, Phase II, Linden Hill, prepared by Paciulli Simmons and Associates" dated September 29, 1994, is hereby approved. VOTE Nay: Absent: MOTION Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd On motion of, and duly seconded, the meeting was adjourned at 10 p.m. Clerk of Council am~~es E. Clem, Mayor Co110994 -9-