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HomeMy Public PortalAbout1996_10_23TOWN COUNCIL MEETING MINUTES OF OCTOBER 23, 1996 A regular meeting of the Leesburg Town Council was held on October 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 J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Kaj Dentler Planner Marilee Seigffied Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Utilities Secretary Lisa Smith APPROVAL OF MINUTES MOTION: On motion of Mr. Wcbb, Seconded by Ms. Umstattd and corrected by Mr. Buttery, the special meeting minutes of September 27, 1996, October 2, 1996, October 9, 1996 and the regular meeting minutes of September 24, 1996 were approved as submitted. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, B.J. Webb, Wm. Webb and Mayor Clem Nay: None Abstain: Councilmember Buttery from 4.b. PETITIONERS Mr. Dunlop Ecker, CEO of Loudoun Healthcare Inc., addressed the Council presenting an update of the Loudoun Healthcare Center. He thanked the members of the Urgent Care Task Force for their efforts and hard work. Ms. Cheryl Kilday, representing the Loudoun Tourism Council, provided articles regarding tourism efforts in Leesburg. Mr. Dave Ciccarelli, representing the Kincaid Homeowners Association, expressed support of agenda item 9. (c). COUNCILMEMBER COMMENTS Ms. Webb reported on her recent attendance at the VML Conference. In accordance with the recently adopted Ethics Policy, Ms. Webb disclosed that she met representatives of the Chelsea Group. Ms. Webb has also met with members of the Loudoun County School Board and Board of Supervisors regarding the school site situation. Ms. Emswiller reported on her attendance at the VML Conference, as well. Ms. Emswiller thanked Mr. Ecker and Mr. Turner for the update on the hospital. Mr. Trocino reminded everyone of the meeting to be held on November 21, 1996 at Farmwell Station regarding the Western Bypass. Ms. Umstattd disclosed the tbllowing intbrmation in accordance with the Ethics Policy: Met with representatives of the Chelsea Group regarding the outlet mall. Ms. Umstattd spoke at Catoctin Elementary School, as well as at LCHS on October 23, 1996 for the Presidents Campaign, where students expressed concern about personal property taxes and asked what could be done. Ms. Umstattd extended her appreciation to Chuck Thornton and Councilmember Buttery for the ceremonies held at Balls Bluff Elementary School. Ms. Umstattd thanked John Henry King and Gary Huff for their efforts in looking into enabling legislation needed in the town to establish a tax abatement policy to encourage businesses to expand in the town and not have to pay taxes on increased assessed value for a period of some years. Mr. Buttery commented on the outstanding ceremony and program held at the Balls Bluff Elementary School for the Balls Bluff Cemetery. Mr. Buttery disclosed that he met with representatives of the HT Company regarding Special Exception Application #96-07. Mr. Webb met with the TCC last week where discussions were held regarding the Western Bypass. He encouraged the public and Town Council to attend the November 21, public hearing. MAYOR'S REPORT Mayor Clem echoed the comments regarding the Balls Bluff ceremony. He attended the open house held on Saturday at the new Evans Ridge Apartments and commended the Leesburg Police Department for their demonstrations. He commended the Leesburg Police Support Team for their efforts at each town event. A meeting will be held prior to tile Halloween Parade to discuss traffic and pedestrian safety. Mayor Clem disclosed that he too met with representatives of the Chelsea Group regarding the outlet mall. MANAGER'S REPORT Mr. Brown briefly highlighted the Manager's Report. He congratulated Loudoun County High School Teacher of the Year, Mr. Dan Kent. LEGISLATION 9. (a) MOTION: On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted. 96-0-30 - ORDINANCE - AMENDING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AND ZONING ORDINANCE REGARDING FEES WHEREAS, development review fees l~ave not been reviewed in over eight years to determine the appropriate charges tbr various plan review; and WHEREAS, the Town Council, through its FY1997 budget deliberations has determined the need to conduct a fee study and initiated a resolution to amend the current review fees; and WHEREAS, public hearings have been held by both the Planning Commission and Town Council: THEREFORE, ORDAINED by the Town Council of the Town of Leesburg in Virginia as follows: below: SECTION I. The Subdivision and Land Development Regulations shall be amended as shown Section 13-54 Fees. Fees and charges to be paid to the Town for the review of plats and plans, for the inspecti~)n of facilities required to be installed by this Article and for variances shall be as follows: (a) (b) (c) (d) (e) (a g) (oh) (m) (n) (o) (p) Article For preliminary plats ~,4 pr,~,,-~;,o_~, ~,~o,~ ,-,e in ~,-,, ~,r ~,.~ the fee shall be ~ann $500, plus $25 per lot or division or land. For pre!imin2~, ~,,ha;,,;~;~, ~o,~ ~e ~ ~ ~, ....... ,u~ e~ ~n For extensions of a preliminary plat or development plan approval, the fee shall be $200 for an administrative approval and an additional $150 if Planning Commission action is required. For final plats the fee shall be $50.00 $500.00 plus $3.00 $10.00 per lot or division of land plus the amount extended from the quantity of public improvements at the following rates: Type of Public Improvement Storm Sewer Water Main Curb & Gutter Sidewalk Sanitary Sewer Streets Overlot Grading Other major utility facilities Unit Rate $3.50 $3.75 per linear foot 1.35 1.50 per linear foot 0.~ 0.75 per linear foot 1.35 per linear foot 1.35 1.75 per linear foot 1.20 per linear foot $90.00 $125 each lot 1% of Construction costs For minor subdivision plats the fee shall be $250.00, plus $25.00 per lot. For Boundary Line Adjustments the fee shall be $100.00, plus $25.00 per lot. For Boundary Line Vacations the fee shall be $150.00. For preliminary development plans the fee shall be $500.00 $2,000, plus $!0.00 $50.00 per acre. For final development plans the fee shall be $500.00 $2,000.00, plus $5.00 $25.00 per acre plus the amount extended from the quantity of public improvements at the following rates; Type of Public Improvement Storm Sewer Water Main Curb & Gutter Sidewalk Sanitary Sewer Streets Overlot Grading Other major utility facilities Unit Rate $3.50 $3.75 per linear foot 1.35 1.50 per linear foot 0.60 0.75 per linear foot 1.35 per linear foot 1.35 1.75 per linear foot 1.20 per linear foot $90.00 $125 each lot 1% of Construction costs For combined preliminary/final development plans, which have been specifically authorized by the Land Development Official, the fee shall be $800.00 $3,000.00, plus $!0.00 $25.00 per acre, plus the amount extended from the quantity of public improvements at the following rates: No Type of Public Improvement Storm Sewer Water Main Curb & Gutter Sidewalk Sanitary Sewer Streets Overlot Grading Other major utility facilities change change Unit Rate $3.50 $3.75 per linear foot 1.35 1.50 per linear foot 0.60 0.75 per linear foot 1.35 per linear toot 1.35 1.75 per linear foot 1.20 per linear foot $90.00 $125 each lot /% of Construction costs For rough grading plans the fee shall be $100.00 per acre. For variations the fce shall be $100 each (section varied). For no adverse impact certifications the fee shall be $100.00. For a Traffic Study the fee shall be $1,000. For a Floodplain Study the fee shall be $1,500.(q) a DCSM Modification the fee shall be $100.00 each. For For each Easement Plat the fee shall be $100.00. SECTION II. Zoning Ordinance amendments proposed are as shown below: 5A-4. Application to Board for Historic District Zoning Permit. (5) Application Filing Deadline and Fee. Applications for Historic District Zoning Permits must be made on forms provided by the Zoning Administrator and must be accompanied by a filing fee of $20 $100 for new development, $25.00 for alterations and accessory structures, and $25.00 for signs. Complete applications must be submitted at least 17 CO 10/23/96 -3- days belbre thc scheduled monthly meeting at which applicants request consideration. Article 6. Planned Development Regulations. Section 6A-5. General Procedures (2) Fees· (2) Fees. Fees to be paid to the town for consideration of planned development petitions and applications shall be as follows: a. Sketch plan review and comment, the fee shall be $550.00 $500.00. bo A petition tbr concept plan approval and amendment of the Town Plan, the fee shall be ~ $2,000.00. Co An application for rezoning plan approval and establishment of a planned development district, the fee shall be $!,000.00 $2,000.00 plus ~ ,rqn a~ $100.1)0 per acre tbr PRN, PRC or PEC districts, ,' ..... ti,.q~, An application for preliminary plat '-'- ......... 'q .... 1 .... r ...... nt vr'~" .... approval for all or part of a plaancd development, the fee shall be $850.00 $500.00 plus ~.l~,r00w,i4,~ ,or $30.0CI $50.00 per acre lbr PRN, PRC or PEC districts, respectively. Any concept plan or proffer amendment to an approved rezoning shall be accompanied t~y thc appropriate land development application and a fee of $2,000, plus $10 per acre. Article f_. An application for preliminary development plan approval for all or part of a planned development, the fee shall be $2,000.00 plus $50.00 per acre. 10. Sign Regulations. Section 10A-18. Sign Permit Procedures (2) Filing of Application Fees. Applications for Sign Permits shall be filed on a form provided by the Zoning Administrator, shall contain information required herein, and shall be accompanied by a tee of $25.00 for signs less than six (6) square feet, $35.00 $40.00 for signs more than six (6) square feet and $35.00 for a temporary sign permit of any sizc. Article 11. Special Exception Regulations. Section llA-4. Application, Rcvicxv and Enforcement Procedures (3) Submission Rcquircmcnts. All applications for special exception uses shall be accompanied by thc following items: A review fcc of $500.00 per accessory to a dwelling and $1,000.00 tbr all other spccial cxccption uses. Article 13. Amendments 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 thc Council ot' 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 thc Zoning Administrator, and accompanied by a fee of $!,600 $2,000 ~ tho ~rct Oil .t, .... p~t~S ~n ...... ~ ...... t~ .....fto~ nln~ $100 per acre, and other material and data required ill sitid tbrm. Any Town Plan Amendment shall be accompanied by the appropriate land development application and a fee of $2,000.00. Any concept plan or pro/fkr amendment to an approved rezoning shall be accompanied by the appropriate land development application and a ke of $2,000, plus $10.00 per acre. SECTION II1. All prior ordinanccs in conflict herewith are repealed. SECTION IV. Sevcrability. It' any provision of this ordinance is declared invalid by a co.urt of competent jurisdiction, thc decision shall not affect the validity of the ordinance as a whole or any CO 10/23/96 -4- remaining provisions of the zoning ordinance. SECTION V. This ordinance shall be in effect upon its passage. VOTE: Nay: 9.(b) Councilmembers Buttery, Emswiller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem None MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following resolution was proposed and adopted. 96-221 - RESOLUTION - FOR COUNCIL CONSIDERATION OF SPECIAL EXCEPTION #SE-96-07 FORT EVANS ROAD VEHICLE SALES AND SERVICE WHEREAS, on September 24, 1996 the Town Council held a public hearing on special exception application #SE-96-07 For Evans Road Vehicle Sales, Service and Indoor Public Automobile Auction; and WHEREAS, the applicant has modified the application to delete references to the indoor public automobile auction; and WHEREAS, on October 10, 1996 tile applicant requested Council reconsideration of special exception application #SE-96-07 to operate a vehicle sales and service facility in the B-2 zoning district. THEREFORE, RESOLVED by thc Council of tile Town of Leesburg in Virginia as follows: Special exception application #SE-96-07 to operate a vehicle sales and service facility in the B-2 zoning district is hereby /brwardcd to Planning & Zoning Committee for consideration and recommendation to Council. DISCUSSION: Mr. Costello was present to address any concerns. VOTE: Aye: Councilmembers Buttery, Emswiller, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino 9.(c) MOTION: On motion of Mr. Wcbb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 96-222 - RESOLUTION - CLOSING OF THE LAWSON ROAD CROSSING AT TUSCARORA CREEK WHEREAS, tile Transportation Section of the Town Plan includes the closing of Lawson Road at Tuscarora Creek with the installation or' permanent cul-de-sacs on each side of the creek; and WHEREAS, no specific timetable for the closing has been set in the Town Plan or by the Town Council; and WHEREAS, the existing Lawson Road crossing of Tuscarora Creek floods from time to time during heavy rain storms and must be closed tbr short periods; and WHEREAS, thc future completion of Battlefield Parkway between Route 7 and Sycolin Road will provide access to Route 7 from the west side of Tuscarora Creek and will substantially eliminate the need to keep the Lawson Road Creek Crossing open; and WHEREAS, resident ot' Beauregard Estates Phase I have asked the Town Council to CO 10/23/96 -5- permanently close Lawson Road at Tuscarora Creek; and WHEREAS, town staff sent notices to adjacent landowners, posted signs and advertised for a public hearing for this issue; and WHEREAS, a public hearing was held on September 24, 1996 regarding the closing of Lawson Road at Tuscarora Creek; and WHEREAS, comments received during the Public Hearing period were generally equally divided between closing the creek crossing and not closing the creek crossing. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The crossing of Lawson Road at Tuscarora Creek will remain open at this time subject to closure at a future date in conformance with the Town Plan. DISCUSSION: Mr. Webb supports leaving Lawson Road open. He respects the concerns of the residents of Beauregard Estates, however the streets in Beauregard are private and the town should not have to bear the financial costs. Ms. Emswiller pointed out that a lot of citizen concern has been voiced regarding this issue. She suggested the installation of speed bumps. Mr. Buttery stated he was encouraged by the comments made by Mr. Ciccarelli this evening and agreed the speed limit should be enforced and the road should remain open. Ms. Umstattd stated she does not support keeping Lawson Road open due to safety concerns. Mr. Trocino stated this matter can be revisited during the town plan discussions. Mayor Clem received a call from the Emergency Medical Services who are concerned with closing the road. He suggested a barrier be placed at the entrance to the private streets in Beauregard. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, B.J. Webb, Wm. Webb and Mayor Clem Nay: Councilmember Umstattd 9.(d) MOTION: On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted. 96-223 - RESOLUTION - MAKING AN APPOINTMENT TO THE CABLE TELEVISION ADVISORY COMMISSION WHEREAS, a vacancy currently exists on the Cable Television Advisory Commission; and WHEREAS, in accordance with §5.1-80 of the Town Code, this appointment shall be made by the franchisee with the consent of the Town Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Ms. Deborah Williams is appointed to the Cable Television Advisory Commission to a term which shall expire on June 30, 1997. VOTE: Aye: Nay: 9. (e) Councilmembers Buttery, Emswiller, Trocino, Umstattd, Wm. Webb, B. J. Webb and Mayor Clem None C010/23/96 -6- MOTION: On motion of Ms. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 96-224 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR PATOWMACK POWER PLANT WHEREAS, Patowmack Partners, Ltd., the developer of the Patowmack Power Plant, has not completed the public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements and previously approved time extension; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a cash bond in the amount of $25,000.00 was provided by the developer to guarantee the installation of public improvements for the Patowmack Power Plant; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $25,000.00 to guarantee installation of thc public improvements for the Patowmack Power Plant. THEREFORE, RESOLVED by thc Council of tile Town of Leesburg in Virginia as follows: SECTION I. A time extension of one (1) year tbr the installation of public improvements is hereby approved tbr the Patowmack Power Plant. SECTION II. The cash bond in the amount of $25,000.00 is approved to guarantee the installation of public improvements for the Potowmack Power Plant. DISCUSSION: Ms. Umstattd stated she will not support this item. It is clearly to provide water to the power plant which is a dead issue and was voted down a year ago. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Wm. Webb, B. J. Webb and Mayor Nay: Councilmember Umstattd Clem 9. (j) was removed from the agenda with no action taken. 9. (t), (g), (h), (i), (k), (I), (m) MOTION On motion of Ms. Wcbb, seconded by Ms. Umstattd, tile tbllowing resolutions were proposed as consent items and adopted. 96-225 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN LEESBURG GATEWAY CONDOS WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Leesburg Gateway Condos and certified that the value of work performed is $104,802.00: and WHEREAS, a letter of credit in the amount of $367,000.00 from Eastern American Bank and confirmed by Signet Bank/Virginia was provided by the developer and approved by the Council to guarantee installation of public improvements tbr Leesburg Gateway Condos, and this letter of credit was reduced to $239,252 by Resolution #91-254 adopted on November 12, 1991 and reduced to $235,194.85 by Resolution #96-66 adopted April 9, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Thc letter of credit from Eastern American Bank and confirmed by Signet Bank/Virginia in thc current amount iff $235,194.85 is reduced to $130,393.84. CO 10/23/96 -7- SECTION II. The Town Manager shall notify the developer that liability for the letter of credit 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 Leesburg Gateway Condos. 96-226 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR WOODLEA MANOR PHASE 2A WHEREAS, Pulte Home Corporation, the developer of Woodlea Manor Phase 2A, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a lctter of credit in the amount of $345,716.00 from NationsBank was provided by the developer to guarantee the installation of public improvements for Woodlea Manor Phase 2A; and WHEREAS, tile Director of Engineering and Public Works has approved the amount of $345,716.00 to guarantee installation of the remaining public improvements for Woodlea Manor Phase 2A. THEREFORE, RESOLVED by tile Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one (1) year for the installation of public improvements is hereby approved Ibr Woodlea Manor Phase 2A. SECTION II. Thc letter of credit from NationsBank in the amount of $345,716.00 is approved to guarantee the installation or' public improvements for Woodlea Manor Phase 2A. 96-227 RESOLUTION - ADOPTING A POLICY SELECTING CONFERENCE VOTING DELEGATES WHEREAS, thc Virginia Municipal League (VML) and the National League of Cities (NLC) request that all member jurisdictions sending delegates to their conferences identify the official voting delegate and alternate; and WHEREAS, the town has no established policy for selecting the official voting delegate or alternate when the Mayor does not attend. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor shall have tile final authority to appoint a voting delegate or alternate in accordance with the following guidelines. In the event the Mayor attends either conference he shall be the voting delegate. Alternates shall rotate based on seniority and recent attendance at the Conference. The most senior Councilmember attending who did not serve previously shall have the option to serve as voting delegate or, in the event the Mayor attends, alternate. If the Mayor does not attend, the most senior Councilmember attending who has not scrved previously as voting delegate shall have the option to serve. 96-228 RESOLUTION - ESTABLISHING A SELECTION POLICY FOR BOARDS AND COMMISSIONS WHEREAS, Town Council's policy regarding appointing members to town boards and commissions has not been formalized: and WHEREAS, duc to the large number of boards and commissions that assist the Town Council, a policy is needed to cnsurc that positions on the boards and commissions are filled. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as tbllows: Members of town boards and commissions shall be selected under the following guidelines. Vacancies shall be advertised. Advertisements shall include a deadline and a statement that candidates names will be made public. Applicants must submit a written statement of interest by the deadline in order to be considered for selection. Interviews will be conducted with all applicants if possible. Interviews shall be conducted in executive session. After the selection applications shall be destroyed. Courtesy letters will be sent to all applicants. CO I0/23/96 -8- 96-229 - RESOLUTION - AUTHORIZING PURCHASE OF A SELF-CONTAINED JET RODDER AND VACUUM FOR CLEANING SEWER LINES WHEREAS, the current Capital Improvements Program and FY 97 budget, as adopted by Council, includes purchase of a self-contained jet rodder and vacuum for cleaning sewer lines for the Utility Lines Division's maintenance activities; and WHEREAS, specifications were prepared and bids solicited for this procurement pursuant to state and local purchasing laws; and WHEREAS, the lowest responsive and responsible bid was received from Atlantic Machinery of Silver Spring, Maryland in the sum of $97,067.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized and directed to purchase this equipment from Atlantic Machinery of Silver Spring, Maryland in an amount not to exceed $97,067.00. 96-230 - RESOLUTION AUTHORIZING THE INSTALLATION OF THE MAYORS OF LEESBURG EXHIBIT WHEREAS, Councilmember Trocino has worked with the Loudoun Museum to create an exhibit portraying each of Leesburg's 54 mayors; and WHEREAS, the Finance Committee has recommended approval and financing of the exhibit; and WHEREAS, a special Town Council meeting will be held to determine the appropriate location of the exhibit. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayors of Leesburg exhibit is hereby approved and funded. 96-231 - RESOLUTION - AUTHORIZING THE FORM FOR EVALUATING CONTRACTOR'S PERFORMANCE WHEREAS, the performance ot' contractors working for the town has not been evaluated in the past; and WHEREAS, it will be thc town's policy in the future to formally evaluate the performance of contractors providing goods and services; and WHEREAS, the attached tbrm has been reviewed by the Finance Committee and has been recommended tbr approval. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The enclosed pertbrmance evaluation form for contractors is hereby approved. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb and Mayor Clem Nay: None NEW BUSINESS: 10. (o) was not adopted. 10. (p) was removed fi'om the ag, enda with no action iaken. MOTION: On motion of, and duly seconded, thc meeting was adjourned at 8:20 p.m. Clerk of Council CO10/23/96 -9-