HomeMy Public PortalAbout1995_10_24 (2)TOWN COUNCIL MEETING MINUTES OF OCTOBER 24, 1995
A regular meeting of the Leesburg Town Council was held on October 24, 1995, 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 Emswiller
SALUTE TO THE FLAG was led by Councilmember Trocino
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb (absent)
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
Airport Manager Juan Rivera
Assistant Town Manager for Economic Development John Henry King
Planner Marilee Seigfried
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION:
On motion of Ms.'Umstattd, seconded by Mr. Buttery, the regular meeting minutes of October 11, 1995
and the special meeting minutes of October 13, 1995 were approved as written.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Counciimember Webb
PETITIONERS
Mr. Jack Walter, a candidate for the Loudoun County Board of Supervisors Leesburg District, addressed
the Council introducing himself and stating, if elected, he will work closely with the Town Council.
Mr. Hub Turner, a resident of the Country Club Subdivision, addressed the Council re-emphasizing his
request that sidewalks be installed along Route 15 and that the town work with VDOT to accomplish
this project.
Mayor Clem pointed out that the town recognizes the need for sidewalks along that area, however, the
difficulty and expense of such a project arrives at the bypass where some type of crossover would have
to be built.
Mr. Furman, a resident of Greenway Farms, addressed the Council speaking in opposition to private
streets. He stated there is a serious lack of cooperation between the Town and Loudoun County and
was glad to hear Board of Supervisor candidate Jack Waiter's comments regarding working closely with
the town if elected. Mr. Furman concurred with Mr. Turner's comments regarding a sidewalk into town
from Route 15 South. Mr. Furman expressed a need for additional parks and playgrounds in the town.
PUBLIC I~.,ARING
Ms. Seigfzied provided the staff report.
Ms. Umstattd asked if the matter of bi-right uses was fully discussed at the Planning Commission level
and requested a list of bi-right uses for the proposed area. She expressed the concern of opening this
area up to other bi-right uses that may not be compatible.
Ms. Seigfried addressed Ms. Umstattd's concern referring to the list of bi-right uses.
No public comment was received. The Mayor closed the public hearing.
COUNCIL_MEMBER COMMENTS
Mr. Buttery reminded the public of the October 25, 1995 Public Input Session to be held regarding the
proposed Public Safety Center. He encouraged everyone to attend.
Mr. Buttery reminded everyone of the Halloween Parade scheduled on Tuesday, October 31, 1995 and
urged the citizens to be mindful of the safety for the children during the parade.
Ms. Umstattd attended the opening ceremonies on Sunday for the new Balls Bluff Elementary School.
She congratulated everyone involved.
Mr. Trocino reminded everyone of election day on November 7, 1995.
Mr. Atwell stated a productive special meeting of the Town Council was held on October 13, 1995 where
preliminary discussions were held on the new town plan. He asked that the Council schedule another
special meeting to continue these discussions before the town plan is received from the Planning
Commission.
Mr. Atwell suggested the Town Council schedule a fiscal planning meeting before budget deliberations
begin. He stated town staff deserves more direction from the Town Council then was given to them last
year.
Ms. Emswiller concurred with Mr. Atwell's comments regarding the special meeting of October 13, 1995
on the town plan.
Ms. Emswiller reminded the citizens that the political candidate debates will be replayed on Cablevision
before the November 7, election.
A dinner was co-hosted by the town staff and members of the LEDC for a delegation of marketing
managers and senior officials from the Virginia Department of Economic Development. The dinner was
one of two event~ held on October 19 and 20 to showcase the area for economic development
opportunities and potential.
With regard to the request for sidewalks on South King Street and the difficulty of working around the
bypass, Ms. Emswiller requested a precise report as to why sidewalks are not possible - perhaps a study
from VDOT or town staff that says yes sidewalks can be installed and the cost or why sidewalks are not
feasible.
Mayor Clem stated, VDOT will have to respond to the town. More importantly, the interchange will
have to be re-worked. The design of the new interchange will have to incorporate the sidewalks.
MAYOR'S REPORT
Mayor Clem noted that Councilmembers Emswiller and Umstattd attended the groundbreaking at the
new site for Loudoun Healthcare. He was unable to attend due to meetings.
Mayor Clem congratulated the volunteers who received awards at a ceremony held at Ida Lee Park on
Saturday. ~
Mayor Clem spoke of the event held at the Leesburg Restaurant on behalf of Interfaith Relief in
conjunction with World Food Day.
Mayor Clem attended the ceremony at the new Balls Bluff Elementary School. He thanked Mr. Neil
Reinhardt of Arcadia Development and his attorney, Mr. Doug Fleming, for all of their efforts and hard
work in helping to make the school a reality.
Mayor Clem asked Mr. Brown to provide a status report of the proposed school on Route 7.
MANAGER'S REPORT
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Mr. Brown highlighted items in the Activity Report.
LEGISLATION:
lO.(a)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following ordinance was proposed and
unanimously adopted.
95-0-28 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-146 FRIENDLY CAFE
BY GOLLY JAFARI
WHEREAS, on June 28, 1995, the Town received rezoning application #ZM-146 Friendly Cafe,
by Golly Jafari, to rezone a .57 acre parcel of land located at 119 Fort Evans Road from O-1 to B-2 with
proffers; and
WHEREAS, on September 7, 1995, the Planning Commission held a public hearing to consider
this application; and
WHEREAS, on September 21, 1995, the Planning Commission recommended approval of this
rezoning application; and
WHEREAS, on October 24, 1995, the Town Council held a public hearing to consider this
application; and
WHEREAS, this rezoning application is in the interest of public necessity, convenience, general
welfare and good zoning practice.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-146 Friendly Cafe, by Golly Jafafi, is hereby approved
and the Town of Leesburg Zoning District Map is amended to change from O-1 to B-2 with proffers, an
approximately .57 acre parcel of land located at 119 Fort Evans Road. The property is further identified
as Loudoun County Tax Map 48H((1)), Parcel 1 as shown on the Rezoning Concept Plan prepared by
Rodgers Bros. & Associates Inc. Engineering & Surveying received June 28, 1995.
Pursuant to Section 15.1 - 491 (a) of the Code of Vir~nia, as amended, and Section 13A - 12
of the Leesburg Zoning Ordinance, the property owners and applicant, for themselves and their
successors or assigns of the property referred to as Map 48H((1)), Parcel 1; Golly and Iraj Jafari and
the subject of the Zoning Map amendment ZM-146 voluntarily proffer to the Town Council of the Town
of Leesburg in Vir~nia, the following conditions which supersede all prior proffers and are contingent
upon rezoning to the B-2 District.
The applicant shah dedicate 10 feet of right-of-way free and clear of any and aH liens,
in a form approved by thc Town Attorney, to thc Town of Lccsburg within five (5) days
upon request of the Town.
The applicant shah provide landscaping within 10 feet of the landscaped open space
buffer consistent with the Zoning Ordinance prior to occupancy.
3. The applicant shah conform to permitted uses of the district of which this land is a part.
SECTION II. Rezoning approval does not express or imply any waiver or modification of the
requirements set forth in the Design and Construction Standards Manual, the Subdivision and Land
Development Regulations, or the Zoning Ordinance except as specifically authorized herein.
SECTION III. This ordinance shah be effective upon its passage.
Aye: Councilmembers AtweH, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
lO.(b) Substitute
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MOTION:
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following ordinance was proposed and
adopted as amended by Councilmember Atwcll.
95-0-29 - ORDINANCE - PROHIBITING RODEO EVENTS ON TOWN PROPERTY
WHEREAS, the Council desires to regulate and prohibit certain activities to be held on public
property, such as the Ida Lee Recreation Center, where such activities are inconsistent with the objectives
of the Council; and
WHEREAS, the Council has determined that rodeo events are not activities which are consistent
with the objectives of Council;
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The regulations for use of parks, adopted February 26, 1991, is hereby amended
by the inclusion and addition of the following to Section 11-81-5, Subparagraph 13 prohibited use of
parks, no person shall be granted permission to operate or conduct a rodeo on property owned and
operated by the Town of Leesburg.
SECTION II. Be it further ordained that a rodeo shall be defined as an exhibition or
competition of the skills of broncobusting, lassoing, and bull riding for public entertainment.
SECTION III. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Atwell, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Abstain: Councilmember Buttery
Absent: Councilmember Webb
lO. lc). id). (e). (f). (a). (i). (i). (k)
MOTION:
On motion of; and duly seconded, the following resolutions were proposed as consent items and
unanimously adopted.
95-206 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT TAVISTOCK FARMS OFFSrI~
SANITARY SEWER
WHEREAS, Arcadia Building Company, the developer of Tavistock Farms Offsite Sanitary
Sewer, 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 corporate surety bond issued by the American Insurance Company in the
amount of $31,281.00 is released, a new security in a form approved by the town attorney for a
maintenance guarantee in the amount of $7,820.25 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.
95 -207
RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXXON SERVICE STATION
#2-5854 (SHENANDOAH SQUARE SHOPPING CENTER)
WHEREAS, the Exxon Corporation, the developer of the Exxon Service Station #2-5854 at the
Shenandoah Square Shopping Center, has completed the public improvements in accordance with
approved plans and town standards, and these have been inspected and approved.
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THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond issued by the Federal Insurance Company in the amount
of $25,425.40 is released, a new security in a form approved by the town attorney for a maintenance
guarantee in the amount of $1,217.27 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.
95-208 - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE VIRGINIA
DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION
ADMINISTRATION & MANAGEMENT OF THE CATOCTIN CIRCLE
EXTENSION PROJECT IN THE TOWN OF LEESBURG FROM NORTH OF EAST
MARKET STREET TO EDWARDS FERRY ROAD
WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement
Program for Fiscal Year 1995-1996 through 2000-2001 for urban highways includes an allocation of
Urban funds for construction of the Catoctin Circle Extension project in the Town of Leesburg and
identified as Projects U000-253-105, PE-101, C501; and
WHEREAS, the town and VDOT desire to construct the projects as expeditiously as possible;
and
WHEREAS, the town and VDOT desire to have the town administer and manage the
construction phase of the project; and
WHEREAS, VDOT requires the execution of an agreement between the town and VDOT for
project administration and management; and
WHEREAS, the agreement proposed by VDOT has been reviewed by the Deputy Town
Attorney; and
WHEREAS, the town has received Urban funding which will be used to pay costs for right-of-way
and the construction, less the town's 2% costs; and
WHEREAS, administration and management of the Catoctin Circle Extension project by the
town will be more efficient since these roads are operated and maintained by the town and the overall
scope of the work is uncomplicated.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized to sign the agreement with VDOT in a form approved by the
Deputy Town Attorney for the construction administration and management of the Catoctin Circle
Extension as identified above.
95-209 - RESOLUTION - GRANTING PERMISSION FOR THE INSTALLATION OF STEPS
CONNECTING TO THE PROPOSED NEW SIDEWALK ON THE EAST SIDE OF
HARRISON STREET BETWEEN MARKET STREET AND LOUDOUN STREET
WHEREAS, a new sidewalk and low retaining wall are to be constructed on the east side of
Harrison Street between Market Street and Loudoun Street; and
WHEREAS, the adjacent property to the east is about 3 feet higher than the new sidewalk; and
WHEREAS, the owner of the property (Amoco Station) to the east wishes to construct a set of
steps, at his expense, which would connect the new sidewalk with the higher pavement on the Amoco
Station site; and
WHEREAS, the steps would be located approximately opposite the entrance to the new Loudoun
County Office Building on Harrison Street.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Permission is hereby granted to the Holtzman Family Limited Partnership #1, owners of the
Amoco Station, to construct at their expense a set of steps connecting to the proposed new sidewalk at
the east side of Harrison Street between Market Street and Loudoun Street.
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95-210 - RESOLUTION - AUTHORIZING THE AWARD AND REJECTION OF REQUEST FOR
PROPOSALS FOR THE LONG TERM LEASE OF OFFICE, HANGAR AND LAND
AT THE LEESBURG MUNICIPAL AIRPORT
WHEKEAS, the Town Council authorized the publication of Request for Proposals for the lease
of office space, hangar space and land at the Leesburg Municipal Airport on August 8, 1995; and
WHEREAS, on August 17, 1995, the Town of Leesburg solicited proposals from qualified
aviation businesses for the long-term lease of office space, hangar space and land at the Leesburg
Municipal Airport; and
WHEREAS, the Town received six (6) Request for Proposals from qualified aviation businesses;
and
WHEREAS, the Airport Commission established a committee to review the Request for
Proposals; and
WHEREAS, the Airport Commission considered each proposal and based its recommendation
on the Airport Minimum Standards, Airport Master Plan, Capital Investments, Exclusive Rights, Public
Use Space available and the future airport needs; and
WHEREAS, the Airport Commission made a recommendation to the Town Council Finance
Committee; and
WHEREAS, the Town Council Finance Committee on October 17, 1995 approved the
recommendation of the Airport Commission:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is hereby authorized to negotiate the award of the fuel farm
lease and adjunct services to American Beechcrafl company and negotiations be entered into between
American Beechcraft company and the Town of Leesburg in an effort to consummate such an award.
SECTION II. The Town council will review and approve the lease prior to the Town entering
into the agreement with American Beechcrafl company.
SECTION III. The Town CouncU at this time rejects all the remaining Request for Proposals
as submitted to the Town.
SECTION IV. The Town will continue its current/existing leases with tenants on a month-to-
month basis after their current leases expire.
SECTION V. The Town council will solicit proposals for long-term lease agreements once the
Airport Commission has had the opportunity to review the results of an Airport Terminal Building Study
designed to determine the future layout of the building.
95-211 RESOLUTION - AUTHORIZING THE PAVING OF THE HARRISON STREET
PARKING LOT AND MAKING AN APPROPRIATION
WHEREAS, the county government building in downtown Leesburg is under construction; and
WHEREAS, the town agreed in a letter of understanding dated November 4, 1994, to provide
overflow parking spaces for county employees; and
WHEREAS, it has been determined that the Harrison Street gravel parking lot and recycling
center is an appropriate location for overflow parking; and
WHEREAS, the recycling center will be relocated in Leesburg; and
WHEREAS, the town's paving contract can be amended to include paving the lot in a timely
fashion.
THEREFORE, RESOLVED by the council of the Town of Leesburg in Virginia as follows:
SECTION I. The paving of the Harrison Street parking lot is hereby authorized.
SECTION II. An appropriation in the amount of $8200 from the general fund unappropriated
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fund balance is hereby authorized.
95-212 - RESOLUTION - AUTHORIZING STREET LIGHTING IMPROVEMENTS ON NORTH
KING STREET
WHEREAS, portions of North King Street need improved street lighting or additional street
lights; and
WHEREAS, street lighting is proposed to be installed along North King Street from North Street
to Oakcrest Manor Drive; and
WHEREAS, The cost for the street lighting improvements is $1,800.
WHEREAS, sufficient funds for this purpose are available in the street lighting account of the
current budget.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
The Town Manager is directed to issue a purchase order in the amount of $1,800 to Virginia
Power for installation of the above described street lighting improvements on North King Street.
95-213 - RESOLUTION- WAIVING THE FEES FOR THE LEESBURG KIWANIS CLUB FOR THE
1995 HALLOWEEN PARADE AND APPROPRIATING FUNDS TO THE POLICE
DEPARTMENT BUDGET
WHEREAS, the Leesburg Kiwanis Club has requested a waiver for police costs to conduct their
annual Halloween parade on Tuesday, October 31, 1995; and
WHEREAS, the cost for police services is $740.00; and
WHEREAS, on October 17, 1995, the Town Council Finance Committee recommended waiving
the fees for the 1995 Leesburg Kiwanis Halloween Parade by a vote of 2-0-1:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is hereby authorized to waive the special event's fees for the
1995 Leesburg Kiwanis Halloween Parade in the amount of $740.00.
SECTION'II. The total of $740.00 is hereby appropriated from the unappropriated fund balance
to the appropriate Police Department Budget account.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
10. (h)
Mr. Mason provided a staff report on this resolution.
Ms. Emswiller encouraged the hiring of an arborist and stressed the importance of saving trees.
MOTION:
On motion of Ms. Emswiller, seconded by Ms. Umstattd, the following resolution was prop6sed and
unanimously adopted.
95-214 - RESOLUTION - MAKING AN APPROPRIATION FOR TREE CARE FOR THE
EDWARDS FERRY ROAD IMPROVEMENTS PROJECT
WHEREAS, the Edwards Ferry Road Improvements project requires minor grading of private
property adjacent to the sidewalk to be constructed within the limits of the project; and
WHEREAS, the proposed grading and other construction activities may affect the life of certain
trees near and within the limits of work on the project; and
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WHEREAS, the town has employed a certified arborist to assess the conditions on the project
which might affect the life of the trees; and
WHEREAS, the arborist will perform the recommended work for the lump sum of $11,887.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to execute a contract with The Care of Trees for the
preservation, maintenance and removal of affected trees within the limits of the project for the lump sum
of $11,887.
DISCUSSION:
Mr. Atwell asked how many trees were involved?
Mr. Mason answered 17 trees.
Mr. Atwell stated, this is a lot of money but he will vote in support of the resolution. He stated this is
a clear example of when there are items that the town can remove from a general contract and complete,
there is money to be saved. He hopes the town will continue this practice to save the town more money.
Mr. Trocino stated this project needs to move forward. This particular street and project brings about
great change and efforts are necessary to ensure that the streetscape of Edwards Ferry Road remains at
the high quality that it has always been.
Mr. Buttery stated the town is also protecting private property rights. The easiest thing to do would be
to cut the trees down, however no one is in favor of that. The town made every effort possible, during
discussions of widening the road, to protect the trees and property.
Mr. Mason explained, all the trees that will receive tree care are on private property. Most of the trees
that have or will be removed are in the right-of-way or at the edge of the right-of-way.
Ms. Emswiller clarified the reason for the $11,000 tree care by stating it is to ensure that as the work is
being done to widen the road and sidewalk, these trees are being prepared so that the least amount of
damage possible will be done to them.
Ms. Umstattd stated, should the town fail to preserve the trees, she hopes the town will not place to many
stumbling blocks in the way of the property owner and the town paying for the replacement of any trees
that are destroyed.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
NEW BUSINESS
MO~O~
On motion of Mr. Buttery, seconded by Mr. Trocino, the following resolution was proposed and
unanimously adopted.
95-215 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER EXTENSION PERMITS FOR RIVER
CREEK PARKWAY WATERLINE RELOCATION
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 River
Creek Parkway Waterline Relocation.
SECTION II. The extension of municipal water for River Creek Parkway Waterline Relocation
is approved in accordance with Section 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from the
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Fidelity and Deposit Company in the amount of $218,873.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for River Creek Parkway Waterline Relocation.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 8:30 p.m.
Clerk of Council'
E. Clem, Mayor
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