The URL can be used to link to this page

Home My Public Portal About1998_11_10 (2)TOWN COUNCIL MEETING MINUTES OF NOVEMBER 10, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, November 10, 1998 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20175, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT ~Frank Buttery Leonard McDonald (absent) Joseph R. Trocino Kristen C. Umstattd B. J. Webb Bob Zoldos Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Planning, Zoning and Development Michael Tompkins Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Chief of Comprehensive Planning Jerry Mucci Chief of Current Planning Lee Phillips Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Joseph R. Trocino 2. SALUTE TO THE FLAG was led by Weblo Pack 965 3. ROLL CALL all members of the Town Council were present except Councilmember Leonard McDonald. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Vice Mayor Webb, the special meeting minutes of October 20, 1998 were approved as written. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Absent: Councilmember McDonald CERTIFICATES OF APPRECIATION: A Certificate of Appreciation was presented to R. W. Blake for his years of service to the Town of Leesburg as a member of the Airport Commission. Certificates of Appreciation were presented to James Kershaw and Eric Brown for their efforts in building the skatepark for the youth of the Leesburg community. OPEN FOR BUSINESS: - Mr. Rick Moskal, representing Patriot Video Productions introduced his new business. PROCLAMATION: MOTION: On motion of Councilmember Zoldos, seconded by Councilmember Umstattd, the following proclamation was proposed and adopted. A Proclamation American Education Week November 16 - 20, 1998 VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Absent: Councilmember McDonald Ms. Pam Smith representing the Loudoun Education Association was present and addressed the Council regarding American Education Week. -2- 6. PETITIONERS: There were no petitioners. 7. PUBLIC HEARING: TO CONSIDER REZONING 4 CORNWALL STREET, N.E., FROM RESIDENTIAL TO COMMERCIAL - Mr. Phillips provided the staff report. Mr. Bill Hanes, the applicant was present to address any questions. No public comment was received. The public hearing was closed. This matter was referred to the Planning and Zoning Committee of November 17,1998. 8. COUNCILMEMBER COMMENTS Councilmember Buttery_ wished Councilmember McDonald a speedy recovery. The 1998 Loudoun History Awards Presentation will be held at the Thomas Balch Library on November 15, 1998 at 9:00 a.m. A special award will also be presented to the Loudoun Preservation Society. Councilmember Umstattd read the following letter from a law firm that recently represented the Town of Leesburg in a law suit. "We have had opportunities over a number of years to represent both local governments and those who are in conflict with local governments. Never, however, have we come across a group of local government employees as personally and professionally impressive as those with whom we worked in this litigation. Specifically Steve Brown, Tom Mason, Paul Gauthier, Mike Tompkins, Calvin Grow and Brian Boucher, were extremely knowledgeable and always helpful to us. In addition, the skilled work of Deputy Town Attorney Deborah Welsh before our entry into the case made our job easier and ultimately led to the positive resolution of the case." Ms. Umstattd stated she appreciates the good staff work and professionalism shown by our town staff. Ms. Umstattd stated here husband represents one of the proposed recipients listed in Agenda item 11.(n) therefore she will abstain from the vote on 11.(n). Councilmember Trocino pointed out that the Town of Leesburg is a winner of the Virginia Urban Forestry Award for its 2000 by 2000 Program. Vice Mayor Webb wished Councilmember McDonald a speedy recovery and thanked Mr. Blake for his years of service to the town as a member of the Airport Commission. Ms. Webb pointed out that all of the new T Hangars at the airport are finished, occupied and rent is being collected. A ribbon cutting will be scheduled in the near future for the T Hangars. Ms. Webb stated there were over 50,000 patrons at the new outlet mall this weekend. Ms. Webb announced the opening of Mom's Apple Pie Bakery on Loudoun Street. Ms. Webb met with Mr. Ed Starzinsky at the high school where many outstanding issues were discussed. The parking situation is continually being monitored. Councilmember Umstattd announced that a Veteran's Day presentation will be held on November 11, 1998 at Broad Run High School. 9. MAYOR'S COMMENTS Mayor Clem asked Mr. Brown to look into the lighting concerns of the residents on Appletree Drive. He thanked Weblo Pack 965 for attending this evening's Council meeting and leading in the Salute to the Flag. Mayor Clem visited existing businesses surrounding the new outlet mall and stated these businesses have noticed an increase in their business as a result of the mall. 10. MANAGER'S REPORT Mr. Brown reported from the written Activity Report and wished Councilmember McDonald a speedy recovery. 11. LEGISLATION (a) MOTION: On motion of Councilmember Umstattd, seconded by Vice Mayor Webb, the following ordinance was proposed and adopted. -3- 98-0-30 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE98- 10 FOR LUMBER AND/OR BUILDING MATERIALS SALES WHEREAS, GT & P, LLC, a Maryland limited liability company, has requested special exception approval for lumber and/or building material sales to operate a drywall wholesale sales and storage facility located at 21 Lawson Road; and WHEREAS, the property is located in the B-3 Community Retail/Commercial Zoning District; and WHEREAS, on October 1, 1998, the Planning Commission recommended conditional approval of special exception application #SE98-10, lumber and/or building material sales and storage; and WHEREAS, on October 27, 1998, the Town Council held a public hearing on this application; and WHEREAS, the proposed use meets the general review criteria set forth in the special exception regulations of the zoning ordinance. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE98-10 for lumber and/or building material sales to enable operation of a drywall wholesale sales and storage facility located at 21 Lawson Road identified as Tax map 48 ((11)) Lot 2 in the land records of Loudoun County and as shown on the Special Exception Plat prepared by William H. Gordon Associates, Inc. dated July 24, 1998, as revised on September 30, 1998, is hereby approved, conditioned upon the following: 1. Development in accordance with the Special Exception Plat prepared by William H. Gordon Associates, Inc. dated July 24, 1998, as revised on September 30, 1998. 2. All entrances to the public road and property frontage improvements (one half the ultimate road section, curb and gutter and sidewalk) shall be constructed to Town subdivision, site plan and Design and Construction Standards Manual standards at no cost to the Town. 3. Lawson Road access and public road improvements will be approved and bonded prior to the first development plan approval. 4. The entire site is subject to the H-2 Corridor Design Guidelines as determined pursuant to review by the Board of Architectural Review (BAR) 5.' The approval of the Special Exception does not express or imply any waiver or modification of the requirements set forth in the Subdivision and Land Development Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual, and that final plats, development plans, and construction drawings for development on "the Property" are subject to the applicable Town regulations. SECTION II. Approval of this special exception does not authorize modifications to any other requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance except as specifically set forth in this ordinance. SECTION III. This ordinance shall be in effect upon its passage. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Absent: Councilmember McDonald 11. (b) MOTION: On motion of Councilmember Umstattd, seconded by Vice Mayor Webb, the following ordinance was proposed and adopted. 98-0-31 - AMENDING ARTICLE II, SECTION 2-24 STANDING COMMITTEES OF THE TOWN -4- WHEREAS, members of the Leesburg Town Council have expressed difficulty arriving at their respective committee meetings on time due to their work schedules; and WHEREAS, it is the desire of the Council to begin the Planning and Zoning Committee meeting at 5:00 p.m. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: The planning and zoning committee shall meet at d :20 5:00 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The finance committee shall meet immediately following the planning and zoning committee meeting but in any event no earlier than 5:00 5:30 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. The administration and public works committee shall meet immediately following the finance committee meeting but in any event no earlier than 5:20 6:00 p.m., on the Tuesday of the week preceding each regular council meeting in the council chambers. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Absent: Councilmember McDonald 11. (c) was referred back to the November 17, 1998 Administration and Public Works Committee for further consideration. CONSENT AGENDA 11. (d), (e), (f), (g), (h), (i), (j), (k), (m), (n) MOTION: On motion of Councilmember Trocino, seconded by Vice Mayor Webb, the following resolutions were proposed as consent items and adopted. 98-250 RESOLUTION - VARIOUS WATERLINE PREMIUM OUTLETS APPROVING THE VACATION OF SEGMENTS OF EASEMENTS WITHIN THE LEESBURG CORNER 98-251 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE 98-252 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR TEA-21 ENHANCEMENT GRANT PROJECTS 98-253 - RESOLUTION - AUTHORIZING A CONTRACT WITH DAVENPORT & COMPANY LLC, TO SERVE THE TOWN AS FINANCIAL ADVISOR 98-254 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE II, SECTION 2 98-255 RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE II, SECTION 1 98-256 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE I, SECTION 2 98-257 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR LEESBURG PARK RETAIL "B" 11. (1) was referred back to the November 17, 1998 Administration and Public Works Committee agenda for further consideration. -5- 11. (m) 98-258 - RESOLUTION - AUTHORIZING THE USE OF THE COUNCIL CHAMBERS 11. (o) 98-259 RESOLUTION AUTHORIZING CONTRIBUTION DATED NOVEMBER 3, 1998 THE APPROPRIATION OF THE VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Abstain: Councilmember Umstattd from 11.(n) Absent: Councilmember McDonald 12. NEW BUSINESS 12. (o) MOTION: On motion of Councilmember Trocino, seconded by Vice Mayor Webb, the following resolution was proposed and adopted as amended by Councilmember Buttery. 98-260 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT TO PURCHASE A HIGH SCHOOL SITE WHEREAS, the 1984 Annexation Agreement between Loudoun County and the Town of Leesburg required the town to provide a high school site to the County based upon occurrences of certain conditions; and WHEREAS, the amended agreement between Loudoun County and the Town of Leesburg requires the town to provide a 50 acre site to the County by July 1, 1999 and in return · the Town of Leesburg is relieved from providing one elementary school site as called for in the Annexation Agreement; and WHEREAS, the Town Council has conducted an extensive site search for appropriate acreage; and WHEREAS, negotiations with the Grenata Family have been on-going and are now concluded; and WHEREAS, the Council desires to enter into a contract to purchase 77.7 acres more or less described on the attached plat for parkland and a high school. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The mayor is authorized to execute a contract with the owners of the property which includes the following terms: · Amount of acreage -more or less 77.7 · Purchase price - $2.1 million · Sixty-day feasibility study · Non-refundable $100,000 deposit due at the end of the feasibility study period to be placed in interest bearing escrow account · Settlement on or before April 1, 1999 · Seller shall not be responsible for any roll back taxes VOTE: Aye: Councilmembers Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Abstain: Councilmember Buttery Absent: Councilmember McDonald On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m. Clerk of Council