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HomeMy Public PortalAbout1996_01_23TOWN COUNCIL MEETING MINUTES OF JANUARY 23, 1996 A regular meeting of the Leesburg Town Council was held on January 23, 1996, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present George F. Atwell J. Frank 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 Assistant Town Manager for Economic Development John Henry King Airport Manager Juan Rivera Planner Marilee Seigfried Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Town Clerk Barbara Markland PETITIONERS Mr. George Barton, Chairman of the Virginia Baseball Stadium Authority, addressed the Council providing an update of the Authority's progress in terms of building a stadium and acquiring a team. The Authority is a political subdivision of the Commonwealth created by statue passed three years ago. Presently, there are eight members with a ninth member to be appointed when a site has been chosen. The Authority is a public entity. A state authority, completely independent of any ownership or private group. The Authority was appointed in July. Mr. Barton was appointed Chairman by the Governor. The Authority, si~Ice July, has met monthly and organized into committees. A General Counsel has been hired. The Authority has sought and received funding in the amount of $50,000 from Loudoun County and Fairfax County. The Authority will charge the ownership group a fee of $250,000 for the right to negotiate a lease with the Authority. Fifty thousand has been requested from the state which is yet to be forthcoming. The indications are that the Authority will get a team. There is a small window of opportunity and the Authority is working very rapidly towards this. Several pieces of legislation have been submitted to the General Assembly. The Authority has asked the General Assembly for enabling legislation for an admissions tax. The Authority has sought an appropriation of $350,000 to fund independent, economic and feasibility studies and to fund some capital operating expenses. The Authority has asked the General Assembly for a joint resolution to create a study commission to determine the best means to finance a stadium and to access, independently, some of the studies that have already been completed. Mr. Barton concluded by stating this business generates approximately $200 million in revenue. The number of jobs created may be between 1500 and 2000. Most of these jobs will be seasonal and service level positions. Virginia is the largest jurisdiction in the Country without a major league franchise of any type. Virginia is the seventh largest media market in the Country and the largest media market without a major league sports franchise. A number of studies have been prepared about the economic benefits of a stadium. The lowest estimate of direct economic benefit to the state of Virginia is $30 million in revenue. The chances of securing a team are as good right now as they always have been. Mr. Collins has an agreement to purchase the Astros. The purchase and relocation of the Houston Astros is contingent on two factors. One, can the Commonwealth come up with an acceptable plan of financing and the second - can the Authority find a site. A site will be found by August of this year. The study commission should, by July of this year, come up with a plan acceptable to major league baseball. It is very likely that the Astros will relocate in 1997. Groundbreaking for a stadium could occur in 1997 and be ready for opening day in 1999. Ms. Cheryl Kilday, Executive Director of the Loudoun Tourism Council, introduced herself and invited the Town Council to the launching of a partnership campaign kick-off on February 1, 1996, 10:00 a.m., at the Visitor's Center. Mr. David Heatwole, representing the Transcendental Arts Council, addressed the Council requesting a meeting to further diSCUss the ideas and plans of the arts council. Mr. Heatwole's request was referred to the February 6, 1996 Administration and Public Works Committee agenda. Mr. Floyd, also with the Transcendental Arts Council, presented Mayor Clem with a portrait of the Mayor. PUBLIC HEARING: TO CONSIDER SPECIAL EXCEPTION APPLICATION #SE-95.07 KIRKPATRICK CLUSTER SUBDIVISION Mayor Clem stated tonight's public hearing is to consider only the special exception application #SE95- 07 of the Kirkpatrick Cluster Subdivision. The results of this public hearing will only address Council's position for or against this application. No action is expected to be taken on this application tonight. It will be referred to the February 6, 1996, Planning and Zoning Committee for further discussion. The variation application to remove the requirements for curbs, gutters and sidewalks that accompanied this special exception application at the Planning Commission level was denied. The decision can only. be appealed through the Circuit Court. Therefore, it will not be discussed tonight. Mr. Tompkins presented the staff report. Mr. Alan Dalton, the engineer representing PR Construction, addressed the Council providing further detail of the application. Ms. Umstattd asked, how many trees can be saved under the proposal relative to the bi-right use? Mr. Dalton stated he could more accurately answer this question in a couple of weeks at the February 6, committee meeting. Mr. Reimers, the applicant, addressed the Council stating that the cluster development is the best way to preserve the significant characteristics of the site and to buffer the area from Heritage Hall. He stated larger houses on larger lots are not necessarily more or less compatible with what exists now. From an economic standpoint, smaller houses on smaller lots are more likely to be compatible within the neighborhood. Ms. Jennifer Whalley, representing the Town's Tree Commission, urged the Town Council to save as many trees as possible. Mr. Earl Hower, also representing the Tree Commission, recognized the efforts of the developer to try to save as many trees as possible. Mr. Dan Baker, a resident of Ayrlee Avenue, addressed the Council opposing the cluster development. Mr. Moxley, a resident of 312 Ayrlee Avenue, addressed the Council opposing the cluster development. Mr. Summerfield Tillett, a resident of 308 Morven Park Court, addressed the Council opposing the cluster development. Ms. Karen Johnson, a resident of 320 Ayrlee Avenue, addressed the Council stating that the large trees in this area are havens for Vultures. She expressed opposition to the cluster development. Ms. Joy Muse-Griffith, a resident of 318 Ayrlee Avenue, addressed the Council opposing the cluster development. Mr. Ray Fields, a resident of 309 Daniels Street, addressed the Council expressing concern with drainage from the development onto his property. He is also opposed to cluster development in this area. Hearing no additional public comment, Mayor Clem closed the public hearing and referred this matter to the February 6, 1996 Planning and Zoning Committee meeting. COUNCILMEMBER COMMENTS Mr. Webb again wished to compliment the town staff for their snow removal efforts. CO 1/23/96-2- Mr. Buttew attended the January 6, Leesburg Volunteer Fire Company banquet giving special recognition to volunteer Tom Donahoe who responded to the most fire calls during the year, 845. Mr. Donahoe is. a 46 year member of the fire company. Mr. Buttery commended fire fighter Billy Fiske also for the number of fire calls he responded to. Ms. Umstattd pointed out that the Rust Library is now on-line. The book search is now accessible. Ms. Umstattd announced that she will be seeking re-election to the Leesburg Town Council this spring. Mr. Trocino echoed Mr. Webb's comments with regard to the good job the town's crews have done removing snow. He stated that the elementary schools will be having DARE Graduation soon and encouraged everyone to attend. Mr. Atwell stated the first meeting of the Urgent Care Task Force was held this evening. These members are off to a good start. He asked that staff invite the new company IHTXOS, located in the Leesburg Ah-park, to one of the Town's Council meetings for Open for Business. Mr. Atwell reminded the Town Council of the meeting held several months ago where the Council's goals and objectives were discussed, as well as communication. He urged the Town Council to pursue these discussions. Mr. Atwell announced that he will not seek reappointment as a Leesburg Town Council member nor will he run for Mayor. Ms. Emswiller attended the Loudoun County Chamber luncheon held at Lowes Island in honor of retired Loudoun County Treasurer George Titus. Ms. Emswiller expressed disappointment that Councilmember Atwell will not "stay in the arena." She encouraged everyone to see the film on the Workhorse at the Thomas Balch Library. MAYOR'S REPORT Mayor Clem reported that the siren is being turned off at 7:00 p.m., and turned back on at 7:00 a.m. The fire house is now accommodated with sleeping quarters. Mayor Clem sent a letter to the National Guard thanking them for their efforts in clearing snow from the roof of the Madison House during the blizzard. Mayor Clem attended the ribbon cutting at the house built by Loudoun Habitat for Humanity. He commended the efforts and accomplishments of this organization. He commended all the law enforcement agencies involved in the drug arrests on Friday evening. He pointed out that there were 32 drug arrests and 52 indictments. MANAGER'S REPORT Mr. Brown highlighted the Activity Report. LEGISLATION: 9.(a) and (b) MOTION.'. On motion of Mr. Wcbb, seconded by Mr. Buttery, thc following resolutions were proposed as consent items and adopted. 95-15 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN PAXTON SECTION 5 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Paxton Section 5 and certified that the value of work performed is $447,516.00; and CO 1/23/96-3- WHEREAS, a corporate surety bond in the amount of $530,229.00 from Seaboard Surety was provided by the developer and approved by the Council to guarantee installation of public improvements for Paxton Section 5. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The corporate surety bond from Seaboard Surety Company in the amount of $530,229.00 is reduced to $82,713.00. SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond 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 Paxton Section 5. 96-16 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING TI-llg PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS GREENWAY FARM ROUTE 15 ROAD IMPROVEMENTS WHEREAS, Trafalgar House Residential, the developer of Greenway Farm Route 15 Road Improvements has completed the public improvements in accordance with approved plans and t°Wn 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 from American Home Assurance Company in .the amount of $42,700.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $10,675.00 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. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino from 9.(b) NEW BUSINESS (c) MOTION: On motion of Mr. Webb, seconded by Mr. Atwell, the following resolution was proposed and adopted. 96-0-1 - RESOLUTION - AMENDING THE LETTER OF UNDERSTANDING BETWEEN GILBANE, GILCORP, AND THE TOWN OF LEESBURG WHEREAS, the Letter of Understanding between Gilbane, Gilcorp, and the town regarding the construction of the county government center was executed effective November 8, 1994, and; WHEREAS, Paragraph 6 and Attachment A of the Letter of Understanding included specific language regarding the installation of necessary water, sewer, and storm drainage facilities; and WHEREAS, Paragraph 6 of the Letter of Understanding mentions traffic modifications to be installed by the town but such improvements are not fully described; and WHEREAS, on November 14, 1995, Town Council adopted Resolution 95-229 which authorized Gilbane to complete the required road improvements adjacent to the county complex site for a total cost of $325,000; and WHEREAS, the attached Road Construction Agreement has been negotiated with Gilbane to complete the needed work. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: CO 1/'23/96-4- The November 8, 1994, Letter of Understanding between Gilbane, Oilcorp, and the Town of Leesburg is hereby amended to include the attached Road Construction Agreement in a form approved by the town attorney. DISCUSSION: Ms. Umstattd clarified that by no means was this increasing the town's obligation. Mr. Brown stated that is correct. The amount is $325,000 as agreed to by the Town Council. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None ~0. MOTION: On motion of Ms. Umstattd, seconded by Mr. Wcbb, thc following resolution was proposed and unanimously adopted. 96-18 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE TO ESTABLISH A MA-MUNICIPAL AIRPORT ZONING DISTRICT AND SETTING A JOINT PUBLIC HEARING WHEREAS, it is the intent and desire of Council to protect and enhance the successful operation of the Leesburg Municipal Airport; and WHEREAS, establishing a specific zoning district for the airport facility will ensure the site will be developed according to the adopted Airport Master Plan; and WHEREAS, the airport is currently located within the designated I-1 Industrial Research Park District; and WHEREAS, the existing I-1 district regulations conflict with the adopted Airport Layout Plan, as approved by the Town Council, Virginia Department of Aviation and the Federal Aviation Administration; and WHEREAS, the establishment of new zoning criteria for the airport will ensure it can be developed in conformance with the Airport Layout Plan. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to the Leesburg Zoning Ordinance is hereby initiated to create a new zoning district with the text as stated below: Section 4H - MA MUNICIPAL AIRPORT DISTRICT Section 4H-1. PURPOSE AND INTENT The MA District provides the opportunity for the Leesburg Municipal Airport to develop in conformance with the established Airport Master Plan and Airport Layout Plan (ALP). These documents control the physical development of the airport facilities and related parking needs of the facility, and are subject to Town Council approval and endorsement by the Virginia Department of Aviation and the Federal Aviation Administration (FAA). Accordingly, the MA District acknowledges the physical constraints of the existing airport location and the necessity of providing adequate support facilities. Section 4H-2. PERMITTED USES (1) (2) (3) Am'icultural Uses a. None Residential Uses a. None Institutional and Community Services Uses CO 1/23/96-5- Government office Automated Flight Service Station Fire and/or rescue facility (4) Commercial Uses ao Fixed Base Operator and related aircraft basing facilities Fuel Storage and Dispensing Facilities Flight Instruction Commercial Aircraft Maintenance Services Commercial Aircraft Storage Customary accessory uses to offices, not exceeding 25% of the leasable floor area of the building. Industrial, Trade & Warehouses Uses a. None Section 4H-3. SPECIAL EXCEPTION USES The following uses may be permitted or expanded in the MA Zoning District subject to the special exception procedures and criteria established in this Ordinance. Agricultural Uses a. None Residential Uses a. None Institutional and Community Service Uses a. None Commercial Uses · a. None Industrial, Trade & Warehouse Uses a. None M~NIMUM DISTRICT SIT~F~ a. Two (2) acres LOT SIZE (1) Minimum Lot Size a. 40,000 square feet (2) Minimum Lot Width a. 100 feet YARD REQUIREMENTS Front yard 40 feet Side yard 15 feet Rear yard 25 feet (z) (3) (4) Section 4H-4. Section 4H-5. Section 4H-6. O) (3) (4) Front, side, and rear yard setbacks may be reduced as necessary to facilitate compliance with the adopted Airport Layout Plan contained within the Airport Master Plan. SECTION II. A joint public hearing with the Planning Commission and the Town Council shall be held on February 13, 1996 regarding the proposed zoning ordinance amendment pursuant to Title 15.1-431 of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter. DISCUSSION: Ms. Emswiller asked that this issue be referred to the Committee agenda for further discussion and consideration. She expressed the importance of the issue and asked that the pros and cons be presented to the Town Council as well as information from other jurisdictions with airports. CO 1/23/96-6- This matter was referred to a special meeting of the Town Council on January 30, 1996 at 4:30 p.m. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem. Nay: None lO. (e) MOTION: On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolution was proposed and adopted. 96-19 - RESOLUTION - RECEIVING AND REFERRING AN APPLICATION BY THE TOWN OF LEESBURG, ZM-148 TO REZONE THE EXISTING LEESBURG MUNICIPAL AIRPORT FROM I-! TO MA - MUNICIPAL AIRPORT ZONING DISTRICT (PROPOSED), AND AUTHORIZE A JOINT PUBLIC HEARING ON FEBRUARY 13, !996 RESOLVED, by the Council of the Town of Leesburg in Vir~nia as follows: An application by the Town of Leesburg for rezoning approximately 192.39 acres, comprising of the current limits of the Leesburg Municipal Airport, is received and referred to the Planning Commission for a Joint Public Hearing on February 13, 1996 pursuant to Chapter !1, Title 15.1-431 of the 1950 Code of Vir~nia, as amended. The Joint Public Hearing will concurrently consider and make recommendation regarding the adoption of a MA-Municipal Airport Zoning District specifically considered for controlling the development of the Leesburg Municipal Airport. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION: On motion of, and duly seconded, the meeting was adjourned at 9:30 p.m. ,.7 Clerk of Council Ja~a~s E. Clem, Mayor CO 1/23/96-7-