HomeMy Public PortalAbout1995_04_25 TOWN COUNCIL MEETING MINUTES OF APRIL 25, 1995
A regular meeting of the Leesburg Town Council was held on April 25, 1995, 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 Webb
SALUTE TO THE FLAG was led by Planning Commission Chairman Mervin Jackson
ROLL CALL
Councilmembers present
George F. Atwell
Frank J. Buttery, Jr.
Jewell M. Emswiller
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
Director of Planning, Zoning and Development Michael Tompkins
Parks Coordinator John Johnston
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION
On motion of Ms. Umstattd, seconded by Mr. Buttery, the special meeting minutes of April 11, 1995 were
approved as written.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
PROCLAMATION
Mayor Clem presented the following Proclamation of Congratulations to Molly Gulland.
A PROCLAMATION
OF CONGRATULATIONS
TO MOLLY GULLAND
WHERE4~, Molly Gulland, a seventh-grade student at Loudoun Country Day School in Leesburg,
successfully spelled the word Nneutrality~ to win the Loudoun County Spelling Bee March 24 in Leesburg; and
WHERE4S, Molly will go on to represent Loudoun County in the National Spelling Bee in
Washington, D.C., in June; and
WHERE4X, her accomplishment marks the second time in four years that a student from Loudoun
Country Day School has won the local spelling bee.
BE IT THEREFORE RE$OL FED that the Mayor and Town Council of the Town of Leesburg hereby
congratulate Molly Gulland on her victory in the Loudoun County Spelling Bee and wish her luck in the
National competition.
JOINT PUBLIC HEARING: #ZM-144 by the Town of Leesburg for Dodona Manor
Mr. Tompkins presented the staff report.
Mr. Hubbard Turner commended everyone for supporting Dodona Manor adding that it preserves the heritage
of Leesburg.
John Rocca, a landowner adjacent to Dodona Manor, expressed full support of the rezoning into the historic
overlay.
B. Powell Harrison, President of the George C. Marshall Preservation Fund, Inc., reported that papers were
signed to take ownership of Dodona Manor on February 11, 1995. Mr. Harrison stated Dodona Manor is an
asset to the Town of Leesburg. He added that the next step is restoration.
Nestor Sanchez echoed Mr. Harrison's comments and thanked the Town Council and Planning Commission
for their support.
Mayor Clem closed the public hearing.
PETITIONERS
Dana Mallone presented the Tree City U.S.A. plaque to Mr. Tolbert on behalf of the EAC. He reminded
everyone that this is the 6th consecutive year the Town of Leesburg has received this distinction.
Hub Turner addressed the Town Council regarding the water/sewer rate study. He provided a computer disc
that he produced for staff's review.
Dr. Jeffrey Madiet, a Leesburg resident, introduced himself as a candidate for the Loudoun County School
Board and asked to learn of the Town Council's concerns regarding education.
Judge Aiken, a resident of Cornwall Street, relayed concerns regarding traffic flow during the upcoming Road
to Antietam event. He stated this is an inconvenience to the residents and requested relief.
John Rocca, Frank Ratio addressed the Town Council with regard to graffiti. Mr. Paul McCray, representing
the Northern Virginia Regional Park Authority offered assistance with the removal of the graffiti. Mr. Rocca
requested the Town Council take serious steps to adopt legislation with teeth to reduce vandalism. He added
that the Kiwanis Club will remove the graffiti in areas of the town with assistance from other local groups.
He hopes that by cleaning up the graffiti, further vandalism will be discouraged.
Senator Waddell offered his services to work with the Town of Leesburg in researching what other
jurisdictions are doing.
Senator Waddell spoke in support of the Dodona Manor rezoning into the historic district.
LEGISLATION
11.(a)
Mr. Webb reported the Planning Commission voted unanimously the adoption of ll.(a).
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and unanimously
adopted.
95-O-10 - AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE AND ZONING
DISTRICTMAP TO EXPAND THE H-l, HISTORIC DISTRICT OVERLAY ZONE AND
REZONE A SECTION OF THE PROPERTY FROM B-2 TO B-1 #ZM-144
WHEREAS, the property located at 217 Edwards Ferry Road, N.E. (Tax Map 48A, Block 35, Lot 13)
is eligible for inclusion in the H-1 Old and Historic District under Article 5, Section 5A-8, Item 1 of the
Leesburg Zoning Ordinance which states that a property may be eligible if it has special historical,
architectural or aesthetic interest or value; and
WHEREAS, this property is the only home owned by General George C. Marshallwho was nationally
and internationally prominent and who resided at the property from 1941 until his death in 1959; and
WHEREAS, the preservation of Dodona Manor would be of educational benefit to Leesburg's
citizens, promote tourism, enhance business and enrich the quality of life of the residents of Leesburg; and
WHEREAS, this proposal was initiated by the property owner of Dodona Manor; and
WHEREAS, on April 3, 1995, the Board of Architectural Review determined that the property is
historically significant and recommended that Dodona Manor be included in the Old and Historic District;
and
WHEREAS, since 0.63 acres of the property is currently located in the Old and Historic District,
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placement and rezoning the remaining 3.29 acres would produce consistent zoning for the entire 3.92-acre
tract, and
WHEREAS, approval of the proposed H-l, Historic District Overlay expansion and rezoning to B-1
is in the best interest, public necessity, and general welfare of the town and is good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 5A-3, titled Historic District Created, Established of the Leesburg Zoning
Ordinance is hereby amended to read as follows:
A historic conservation district is hereby created within the town as an overlay on the official
zoning map under authority of Section 15.1-503.2 of the State Code to be known as the H-1
Historic District which includes the original boundaries shown on a map designated "Gray's
New Map of Leesburg" drawn from he special surveys in the year 1878 as hereby amended
and described as follows:
"Beginning on the east at the intersection of Loudoun and Market Streets
and running northeast parallel to Church Street to the intersection of a line
in projection of North Street; thence northwest in a straight line to and
along North Street to the intersection of Church Street; then northeast in
a straight line parallel to King Street to the intersection of a line in
Projection of Union Street; thence in a straight line northwest to and along
Union Street to the intersection of a line in extension of Liberty Street;
thence southwest in a straight line to the intersection of Liberty and North
Streets; thence northwest in a straight line in extension of North Street until
intersecting a line in projection of Ayr Street; thence southwest to and
along Ayr Street to a point on the east right-of-way of Dry Mill Road;
thence right along the curb of said right-of-way having a radius of 225.43
feet to the center of the Town Branch; thence along the Town Branch S
41% 10' 41" E to the projection of Ayr Street, thence southwest along the
projection of Ayr Street 100 feet; thence in a straight line in extension of
South Street southeast to Town Branch; thence S 36% 10' 42" E along Town
Branch to the Washington and Old Dominion Trail; thence paralleling the
trail and Town Branch 594.12 feet along a curve to the right having a radius
of 3646.36 feet to the extension of the western right-of-way of Liberty Street;
thence N 22% 45' 00"'E to the intersection of a projection of South Street;
thence in a straight line in extension of South Street southeast to a point 200
feet west of King Street, still on an extension of South Street; thence in a
straight line southwest parallel to King Street to a point 500 feet south of
the railroad; thence east across King Street in a straight line parallel to
South Street for 1700 feet; thence northeast in a straight line parallel to
King Street to the intersection of Loudoun and Market Streets, to also
include properties at 406 through 414 King Street and 416, 418, 420, 422,
424 and 426 South King Street; 305 through 430 West Market Street; 6
Wilson Avenue, N.W., 10, 14, 18 and 102 Morven Park Road, N.W. and 9
and 21 Ayr Street, N.W. and 302-334 Loudoun Street, S.W. (inclusive of
even numbered addresses only), 106 Morven Park Road, N.W., 380 Rock
Spring Drive, S.W., and 329 Loudoun Street, S.W., and the 8.05-acre AIIman
tract on South King Street, and Dodona Manor at 217 Edwards Ferry Road,
N.E.
SECTION II. The Zoning District Map is hereby amended to include Dodona Manor at 217 Edwards
Ferry Road, N.E. in the H-l, Historic District Overlay Zone as described in Section I above and further
amended to rezone 3.29 acres of land identified as LCTM 48A, Block 35, Lot 13, from the B-2 Zoning District
to the B-1 Downtown Mixed Use Zoning District.
SECTION III. This ordinance shah be in full force and effect upon its passage.
VOTE
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
COUNCILMEMBER COMMENTS
Ms. Emswiller expressed delight that Dodona Manor will be preserved and credited Mr. Harrison for its
Success.
Ms. Emswiller commented that Judge Aiken has a valid point, and asked the Council to refrain from placing
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"NO PARKING" signs on Church Street. She suggested a wooden horse on Cornwall Street as an alternative.
She stated she is amazed at the amount of Graffiti on the bike trail and added that the Council needs to send
a message that this kind of activity is unacceptable.
Mr. Atwell had no sagacious statements.
Mr. Trocino congratulated town staff for a fine job in handling the two large events this past weekend.
He thanked Mr. Brown for executing an excellent letter to residents regarding the closing of streets for the
events.
Ms. Umstattd announced Leesburg resident Carol Elgin received a superior teacher award from the
Washington Post and that Ms. Bobbie Myer of Lemsburg received recognition for being a superior volunteer.
Mr. Buttery made no comment.
Mr. Webb made no comment.
MAYOR'S REPORT
Mayor Clem stated the Little League's Opening Day ceremonies on Saturday were successful.
He noted that the Arbor Day Celebration, as well as the Flower & Garden Show were both excellent events,
and thanked the Parks and Recreation staff for their efforts.
He commended the Police Department for a fine job in handling the shooting at Louci~un House last Friday.
He asked that a letter be sent to the Sheriff's Department requesting assistance from the workforce with the
clean-up of Dodona Manor.
MANAGER'S REPORT
Mr. Brown highlighted the Activity Report.
He announced a retirement luncheon will be held on Friday at Noon for Dan Hyatt.
He reported the Council has received the Northeast Leeshurg Thoroughfare Plan, subject to further discussion.
Mr. Brown thanked Vice-Mayor Webb for his assistance at Cablevision's ribbon cutting ceremony at 208 South
King Street.
Mr. Brown announced that the play Peter Pan is opening this weekend at Simpson Middle School and
encouraged everyone to attend.
John Johnston provided an update of the Flower and Garden Festival, as well as the Arbor Day Celebration.
Tom Mason reported on the construction plans for the Edwards Ferry Road landscaping project and the
Catoctin Circle extension.
Mr. Trocino recommended referring the Edwards Ferry Road landscaping project to the Tree Commission.
LEGISLATION
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent and
unanimously adopted.
95-83 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR PAX"ION
SUBDMSION SECTION 5
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 Director of Engineering and Public Works for Paxton Subdivision Section
5.
SECTION II. The extension of municipal water and sewer for Paxton Subdivision Section 5 is
approved in accordance with Section 15-9 and 19-18 of the Town Code.
SECTION IlL The corporate surety bond in a form approved by the town attorney from the
Seaboard Surety Company in the amount of $530,229.00 is approved as security to guarantee installation of
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the public improvements shown on plans approved by the Director of Engineering and Public Works for
Paxton Subdivision Section 5.
95-84 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN EXETER SUBDIVISION SECTION 11
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Exeter Section 11 and certified that the value of work performed is
$975,200.00; and
WHEREAS, a letter of credit in the amount of $1,219,000.00 from the District of Columbia Riggs
National Bank, confirmed by Riggs National Bank of Vir~nia was provided by the developer and approved
by the Council to guarantee installation of public improvements for Exeter Section 11.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from the District of Columbia Riggs National Bank, confirmed by
the Riggs National Bank of Virginia in the amount of $1,219,000.00 is reduced to $243,800.00.
SECI~ON II. The Town Manager shall notify the developer that liability for letter of credit funds
has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for Exeter Section 11.
95-85 - A RESOLUTION: AUTHORIZING THE TRANSFER OF OWNERSHIP OF THE LEESBURG
MUNICIPAL AIRPORT UNDERGROUND FUEL STORAGE TANKS FROM
EASTERN AVIATION FUELS, INC. TO THE TOWN OF LEESBURG
WHEREAS, the existing, operational underground fuel storage tanks at the Leesburg Municipal
Airport are owned by Eastern Aviation Fuels, Inc. of New Bern, North Carolina, and leased to the Town of
Leesburg; and
WHEREAS, under this lease arrangement the town, and our sub-lessee American Beechcraft
Company are required to purchase all aviation fuel from Eastern; and
WHEREAS, Eastern Aviation Fuels, Inc. will transfer ownership of the fuel storage tanks to the town
for a recordable fee of $1.00 (one dollar); and
'tYHER~, the town has tested the soils surrounding the two tank systems and no contamination
presently exists that would require remediation action; and
WHEREAS, the town would be responsible for the future estimatedcost of $25,000 for removing and
officially closing the use of these fuel storage tank systems; and
WHEREAS, the Leesburg Airport Commission and the Town Council Finance Committee have
recommended that the town acquire ownership of these two 12,000 gallon fiberglass underground fuel storage
tank systems to save town lease costs and to allow American Beechcraft Company the opportunity to purchase
fuel from the supplier of their choice to provide a cost savings to our airport customers; and
WHEREAS, town ownership of the fuel storage tanks will also allow the town more flexibility on the
installation schedule of the new above ground fuel storage farm which is presently under design:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to execute the transfer of ownership documents, in a form
approved by the Town Attorney, for the Town of Leesburg to acquire or assume ownership of the
two 12,000 gallon underground fuel storage tanks systems which are presently owned by Eastern Aviation
Fuels, Inc. and are in use at the Leesburg Municipal Airport, for a recordable fee of $1.00 (one dollar).
95-86 - A RESOLUTION: ESTABLISHING A CAPITAL PROJECT AND TRANSFERRING GAS TAX
FUNDS FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF EDWARDS
FERRY ROAD AND PLAZA STREET
WHEREAS, engineering studies have concluded that a traffic signal is warranted at the intersection
of Edwards Ferry Road and Plaza Street; and
~ "-'WHEREAS, County Gas Tax funds in the amount of $30,000.00, received by the town during the
current fiscal year, can be reassigned from the East Market/Catoctin Circle turn lane project to the Edwards
':F~rfY;R0ad/Plaza Street traffic signal; a!~d ·
WHEREAS, Loudoun County was advised by letter dated December 21, 1994 that the town is
reassigning $30,000.00 of gas tax funds previously allocated to the East Market/Catoctin Circle left turn lane
project; and
WHEREAS, the addition of turn lanes and storm drainage improvements at the intersection of
Edwards Ferry Road and Plaza Street is in the town's capital project program and proposals for engineering
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and design are currently under review; and
WHEREAS, design of the traffic signal can be included with the turn lane project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION L The installation of a traffic signal at the intersection of Edwards Ferry Road and Plaza
Street is hereby established as a Highway Capital Project.
SECTION II. A transfer of $30,000.00 from the Catoctin Circle left turn lane project
(903.9220.700.725) to the Edwards Ferry Road/Plaza Street traffic signal project is hereby authorized.
95-87 - A RESOLUTION: WAIVING RENTAL FEES AT THE IDA LEE RECREATION CENTER FOR
THE RIPTIDE UNITED STATES SWIM TEAM
WHEREAS, the Riptide United States Swim Team has requested a waiver of rental fees at the Ida
Lee Recreation Center for the 94-95 short course season and the 95 long course season due to financial
difficulties; and
WHEREAS, the amounts of the waivers include $3,202.00 for the 94-95 short course season and
$4,463.50 for the 95 long course season totalling $7,665.50; and
WHEREAS, the team's Parents Association has presented financial and action plans to demonstrate
the ability to recover financially in order to maintain the team's operation; and
WHEREAS, the Parks and Recreation Advisory Commission has reviewed those plans:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to waive rental fees of $7,665.50 for the Riptide Swim Team.
VOTE
Aye:
Nay:
ll.(d)
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
This item was referred to the May 2, 1995 Administration and Public Works Committee meeting for further
consideration.
IL(e)
MOTION
On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted with
changes.
95-88 - A RESOLUTION: AUTHORIZING RESTRICTING EAST AND WESTBOUND LEFT TURNS
ON MARKET STREET AT KING STREET ON A TRIAL BASIS
WHEREAS, town staff has conducted a traffic analysis of restricting east and westbound left turns
on Market Street at King Street between the hours of 8:00 to 9:00 a.m. and 4:30 to 5:30 p.m. Monday through
Friday; and
WHEREAS, motorist operating vehicles at East Market Street and King Street during peak hours
have experienced delays due to left turning vehicles; and
WHEREAS, restricting left turns will benefit motorist by allowing fewer stop and delays; and
WHE~, restrictions of turning movements will divert vehicles to other streets which are adequate
to accommodate additional traffic, excluding trucks and buses in excess of 7,500 pounds.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Left turn restrictions which will prohibit left turns for vehicles, except for trucks and
buses, traveling east or west on Market Street are hereby established at Market Street at King Street between
the hours of 8:00 a.m. to 9:00 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday for a trial period
starting May 3, 1995 not to exceed 60 days.
VOTE
Aye:
Nay:
SECTION II. The impact on alternate routes will be assessed during the 60-day trial period.
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
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11.0)
DISCUSSION
Mr. Buttery expressed concern that raising the sign 10 feet will block the IHOP sign from Route 15 South.
He added that he was not in favor of the resolution at this time.
Ms. Umstattd questioned if IHOP and Walmart were aware of the proposal?
Ann Zimmerman, representing the applicant, responded by stating both businesses are aware of the proposal
and have no objections.
Mr. Trocino asked if there are any height limitations, and if not, why is there a request for approval?
Mr. Brown replied there are none.
Ms. Emswiller commented that due to her absence at the Planning and Zoning Committee meeting, she was
not comfortable voting on the issue and would therefore abstain.
Ms. Umstattd recommended referring the item back to the May 2, 1995 Planning & Zoning Committee
meeting and notifying each merchant of the proposed sign.
Mr. Webb commented that the applicant has notified all the merchants and that no one has any objections.
He preferred not sending the item back to the Planning & Zoning Committee.
This item was referred to the May 2, 1995 Planning & Zoning Committee meeting for further consideration.
MOTION
A motion was made by Mr. Webb, seconded by Mr. Trocino, to appoint Mr. Atwell as Councilmanic
Representative to the Oversight Committee.
MOTION
Ms. Umstattd made a motion to nominate Ms. Emswiller as Councilmanic representative to the Oversight
Committee.
VOTE on Mr. Webb's motion.
Aye: Councilmembers Atwell, Buttery, Trocino, and Webb
Nay: Councilmembers Emswiller and Umstattd
Abstain: Mayor Clem
VOTE on Ms. Umstattd's motion.
Aye: Councilmembers Emswiller, and Umstattd
Nay: Councilmembers Atwell, Buttery, Trocino and Webb
Abstain: Mayor Clem
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and unanimously
adopted.
95-89 - A RESOLUTION: RESCINDING TOWN COUNCIL RESOLUTION NO. 95-65, AND
READOPTING THE TOURISM TASK FORCE REPORT WITH AMENDMENTS
WHEREAS, on March 28, 1995 the Leesburg Town Council adopted Resolution No. 95-65, endorsing
the policies recommended by the Tourism Task Force; and
WHEREAS, the new Loudoun County Tourism Council has been further discussed by the Loudoun
County Board of Supen, isors and the board has adopted changes to the Oversight Committee and the Board
of Directors to ensure the accountability of the operation; and
WHEREAS, the Town Council also desires to make these policy changes:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The policy recommendations included in the Tourism Task Force's attached report are
hereby adopted with amendments listed in Section II.
SECTION II. The Leesburg Town Council hereby amends the policy recommendationsof the Tourism
Task Force regarding the composition of the Oversight Committee and the Board of Directors for the
Loudoun County Tourism Council. The Oversight Committee shall consist of the following five persons: Two
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members of the Loudoun County Board of Supervisors, one member of the Leesburg Town Council, and the
Chairpersons of the Leesburg Economic Development Commission and the Loudoun County Economic
Development Commission. The composition of the Board of Directors is hereby amended to include the
Leesburg Town Manager, the Loudoun County Administrator, and one representativeof the Loudoun County
Chamber of Commerce.
SECTION III. George F. Atwell is hereby appointed as the Councilmanic representative on the
Oversight Committee.
VOTE
Aye.'
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
MOTION
On motion of, and duly seconded, the meeting was adjourned at 9:40 p.m.
Clerk of Council
J~aes E. Clem, Mayor
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