HomeMy Public PortalAbout1984_02_08 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON
PROPOSED AMENDMENT TO ZONING ORDINANCE RE SUBDIVIDING, FEBRUARY 8, 1984. : 2 9
A regular meeting of the Leesburg Town Council was held in the Council i7
Chambers, 10 West Loudoun Street, Leesburg, Virginia on February 8, 1984 at
7:30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert
giving the invocation, and followed with the Salute to the Flag led by Mr.
Gheen. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos,
Edgar L. Coffey, Jr. , Reginald K. Gheen, Marylou Hill, John W. Tolbert, Jr.
and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager
Jeffrey H. Minor and Town Attorney George M. Martin.
PUBLIC HEARING:
A public hearing was held on a proposed amendment to Section 8-2-2 of the
Leesburg Zoning Ordinance re subdividing.
Mr. Niccolls explained that this proposed amendment is intended to meet a
need identified when a property owner whose land fronts on two sides wishes to
subdivide his property which already had two dwelling units on it (each facing
its respective street) . It was found that, under the Zoning Ordinance, this
could not be done because of minimum lot size requirements. This was initiated
in the Planning Commission and its report recommended the proposed changes to
permit the creation of undersized lots when dwellings already exist on said lot.
This would be important to a few lots in Leesburg.
N Judge Carlton Penn, a resident of 39 West Cornwall Street, said his con-
cern is not in what is intended under the ordinance, but that which may be done
w under the law. This is fine where two streets are involved and one of the existing
C:0 houses needs to be repaired or fixed up. The requirements of the proposed ordi-
Q nance are good, but it does not say that each of the lots subdivided must have
an existing residence on it. He cited Mr. Devine's lot as an example - he has
two houses on his lot and has 50 feet on each side of his house. The ordinance
says you can have a two-family dwelling on an R-2 lot, so he could end up with
six houses on his lot. He did not object to what they want to do by this ordi-
nance, but didn' t want to see the door opened - everybody in Leesburg who has
an extra 50 feet would be able to put two more houses on it and thereby defeat
what they are trying to preserve as open space.
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Mayor Sevila closed the hearing.
Mr. Bos asked what specific examples the Planning Commission cited and what
the vote was on this? Mrs. Hill said the Commission members felt it was clear -
the intent was that you could subdivide a lot that had two houses on it abutting
a public street. Examples were Mr. Calloway Jones' house on Wirt Street and a-
nother one on Liberty Street. Perhaps the intent needs to be clarified.
Mr. Gheen thought Judge Penn's question should be looked at closely.
Mr. Willis agreed that Judge Penn has a good point - clarification would
probably solve the problem.
Mr. Coffey thought a wording change in Item (2) would satisfy one ques-
tion and the lot 'width should be at 50 feet where it fronts the street. The
intent is there.
Mr. Tolbert felt it should go back for some clarification.
Mayor Sevila concurred - Judge Penn does not find any fault with the inten-
tion of the ordinance, but what could be created and the unfortunate circum-
stances that could occur. He referred this matter back to the next workshop
session for further consideration.
OOUNCILMEMBER COMMENTS:
Mr. Bos reported that the Economic Development Advisory Committee met this
morning, with most of the time being spent on the State certification program
and its various elements. He reported the thoughtfulness of one of the town's
employees during the recent snowstorm when the employee suggested to a resident
that he wait to shovel his driveway until the town had plowed the street so his
driveway would not be covered up again. This evening with the Museum people
was an evening well spent and a good effort in continuing the relations with
them and the three-way cooperative effort with the the town, the county and the
museum - the tourism effort benefits the town and the county, as well as those
who visit the area.
MINUTES OF FEBRUARY 8, 1984.
30 Mr. Gheen found the visit to the Museum enlightening and was pleased with
it.
Mrs. Hill reported that Lynnwood Lay was elected Chairman of the Planning
Commission and Bill Webb is Vice-Chairman.
Mr. Willis was also pleased with the work at the Museum and encouraged
everyone to go whenever they can.
Mr. Coffey said the Town Plan Task Force met last night to review the trans-
portation segment of the plan. There was a great deal of public input by prop-
erty owners and developers. They will have to meet again on this segment of the
plan. Representatives from the Culpeper Highway Department office were here and
contributed their thoughts, in addition to their prepared recommendations.
He thanked Mr. Taylor for the summary of the budget.
He also called to staff 's attention the fact that there is a path from the
end of Woodberry Road to the elementary school - neither the School Board nor the
town has taken the responsibility for cleaning this - it should be done so the
children do not have to walk through the snow.
Mr. Tolbert asked if the town doesn't have a mini-snow plow for such pur-
poses? Mr. Niccolls explained that the School Board asked the town to put in
several of these paths so the children could walk safely, thus eliminating the
need for school buses (there are some other paths leading from the apartment
projects) . However, snow removal is a problem. The land for these paths was
secured by revocable permits from the owners of the property, so the land is es-
sentially private. The town had a sidewalk snow removal program several years
back, but we could not do this everywhere, so it was stopped by Council direc-
tion, other than to plow our own and enough for people to get to the meters.
Perhaps there are some few exceptions that should be made. He has noted that
very few residential neighborhoods have their walks cleaned.
Mr. Tolbert reported that the Airport Commission met last week at the FAA
with a dutch treat dinner. They are shooting for around the 1st of May for the
new building at the airport.
MAYOR'S REPORT:
Mayor Sevila reported that he met with Senator Waddell and Delegate Rollins
last week on several matters that affect the town. He asked Senator Waddell to
oppose a bill that would affect the town's availability fees, although he does
not think it will meet with success. He discussed with Delegate Rollins the
confusion that has arisen regarding the special election in May as a result of
our annexation. Staff has drafted some proposed legislation which they hope
both Houses and the Governor will see fit to approve to take care of this prob-
lem.
Marc Weiss, Mr. Niccolls and he met with the Virginia Historic Landmarks
Commission on Friday regarding the South Harrison Street project's eligibility
for federal tax credits - this has a major impact on the builder or developer
to carry out his original proposals . We will receive additional information as
it is made available.
He commented on the fine meal provided tonight by the Museum workers and
on the improvements made downstairs and to the back room. This is a very in-
teresting place to visit and a real asset to the community - there is a lot to
be learned about our County there. He recommended it to everyone.
Council had a workshop on Monday to review the Planned Development ordi-
nance, which is in various stages at both the Planning Commission and Council
level. This is a significant piece of legislation and this was a helpful ses-
sion.
Mr. Bos and he joined the Governor for breakfast in Richmond about ten
days ago - they went in hopes of discussing matters of mutual concern both at
the federal and the state level. They were barely able to see him, but did have
an opportunity to exchange views with members of other municipalities.
1
MINUTES OF FEBRUARY 8, 1984 MEETING. 1
MANAGER'S REPORT: 31
Mr. Niccolls suggested that everyone drive out to the airport - the steel
frame is up for the Flight Service Station.
Mr. Rollins has provided a copy of House Bill 755, "Local Government
Participation in Certain Events". This originated in George Martin's office
1 and has to do with historic and cultural events on public streets - it was
requested by Council in the fall.
(2) Brenda Orrison, a police officer hired last year, had to resign
for health reasons.
(3) The voting precinct announcements are being carried in the news-
paper. This will be going to the Justice Department for approval.
(4) The response to the Justice Department regarding annexation was de-
livered last week. This is a very bulky document - about two inches thick.
A copy is available in the office. Much of the material is in the form of
copies of newspaper articles - they were very interested in what publicity
attended the annexation actions.
tomorrow.
`q• (5) There will be a planning seminar/evening at 6:30 p.m. - this should
be an interesting and informative session with Richard Collins.
N
N (6) Concerning the Potomac Water Treatment Plant - while we have declared
W the plant is substantially complete, we have not yet declared it "complete" in
CID accordance with the contract. There are a number of minor punch list items on
Q which there are ongoing disputes and some resolutions, but there are two major
items remaining having to do with the actual capacity of the raw water pumps
at the river and with one or more cracks that exist between the sedimentation
basins on one side and the high duty pump room on the other. This week he
authorized the Utility Plants Director to retain consultants to check the ca-
pacity of those pumps on an independent basis. Pitometer Associates has been
retained - they are experts in water matters. Under the contract, if we find
as a result'of these studies that the responsibility is the contractor's, then
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they pay for the engineering services and repair. If we find it is our mistake,
we absorb the cost of the engineering services (something less than $1,000) .
As to the cracks, the contractor is unwilling to repair them (he says it is an
engineering defect) , so we will have some engineers look at it and have it fixed -
then we will sue or be sued. We still owe -.them.'money, 'however.
Mr. Bos asked what Senator Babalas ' intent was with regard to not exceed-
ing reasonable connection or availability fees? Mayor Sevila recalled that
this concerned availability fees - not "reasonable" ones . He learned unof-
ficially that this is not unusual legislation for Senator Babalas to intro-
duce - he is not regarded as a close friend of local government. It was their
determination (Mr. Niccolls, Mr. Weiss and Mayor '.Sevila) that he didn't want
us to collect any more availability fees at all - they were unable to determine
any more than that.
Mr. Bos also asked if the raw water pump problem is an engineering or a
construction problem? Mr. Niccolls explained that the contractor was responsible
for securing and installing a pump that would deliver so many thousand gallons of
water per minute up the hill at a ratio that was economical. We don't contest
the efficiency of the pumps, but it is the quantity of water delivered to the
top of the hill. It is possible there was some mishandling during installation
of the pumps. The dispute with the contractor is that internal plant piping
does not allow them to measure the quantity of water accurately. Our next step
would be to have the pumps repaired or replaced and hold the expense against
our retainage - we are holding over $50,000, which he believed would be suf-
ficient to correct the problems.
On motion of Mrs. Hill, seconded by Mr. Coffey, the following ordinance
and resolutions were proposed and unanimously adopted as consent items:
84-0-9 - ORDINANCE - AMENDING THE PERSONNEL MANUAL TO ADD A NEW ARTICLE CONCERN-
ING FINANCIAL DISCLOSURE REQUIREMENTS.
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
it
/MINUTES OF FEBRUARY 8, 1984 MEETING.
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3 2 SECTION I. Chapter 12.1, Personnel Manual, of the Town Code is amended
to add a new article to be known as Article 25, Financial Disclosure
Requirements, to read as follows:
ARTICLE 25
FINANCIAL DISCLOSURE REQUIREMENTS
Sec. 12.1-62. Financial Disclosure Requirements.
All members of the Planning Commission, Board of Zoning Appeals
and Board of Architectural Review and the manager, assistant and deputy
managers and all department directors shall file, as a condition to as-
suming office or employment, a disclosure statement of his personal in-
terest and such other information as is specified on the form set forth
in Sec. 2.1-614 of the Code of Virginia, as amended, and thereafter
shall file such a statement annually on or before January 15. The
clerk of council shall cause the forms to be distributed no later than
December 10 of each year to each officer or person required to file such
a form under the provisions of this section. Such disclosure forms shall
be filed and maintained as public records for five years in the office of
the clerk of council.
SECTION II. This ordinance shall be in effect on its passage.
84-17 - RESOLUTION - CONDITIONALLY CONCURRING WITH THE VIRGINIA DEPARTMENT OF
HIGHWAYS AND TRANSPORTATION'S 1990 HIGHWAY FUNCTIONAL
CLASSIFICATION UPDATE.
WHEREAS, the Federal Aid Highway Act of 1973 requires that the Virginia
Department of Highways and Transportation (VDH&T) realign the Federal
Aid Highway System in Virginia by July 1, 1976, and periodically there-
after, on the basis of current and anticipated functional usage; and
WHEREAS, VDH&T has previously classified by function the state highways
in accordance with guidelines presented in the Highway Functional Classi-
fication Manual and developed the realigned Federal Aid System for Vir-
ginia
in accordance with the Federal Aid Highway Program Manual; and
WHEREAS, Leesburg on November 26, 1975 concurred with the 1985 Functional
Classification and Realigned Federal Aid Highway System for the town as
developed by VDH&T; and
WHEREAS, VDH&T has updated the Functional Classification/Federal Aid High-
way System in accordance with federal regulations; and
WHEREAS, Leesburg is currently reviewing and updating the town plan that
includes a transportation element which may alter VDH&T's proposed plan
and change Leesburg's position on the proposed 1990 Highway Functional
Classifications:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
Leesburg concurs with the updated 1990 Highway Functional Classification
and Realigned Federal Aid Highway System as described in December 8,
1983 correspondence from Donald M. Wagner, VDH&T Urban Programs Engi-
neer, on the condition that VDH&T agrees the town may revise and resub-
mit a new plan to reflect the most recent transportation plan adopted
by the town.
84-18 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE
FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS, APPROVING A
WATER EXTENSION PERMIT AND EASEMENT AGREEMENT FOR THE
LOUDOUN MEMORIAL HOSPITAL PSYCHIATRIC CARE ADDITION.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized to execute on behalf of the town
an agreement (Form PC-2) with the Loudoun Memorial Hospital of Leesburg,
Virginia for installation of public improvements shown on the plans ap-
proved by the Director of Engineering for the Psychiatric Care addition
to Loudoun Memorial Hospital.
MINUTES OF FEBRUARY 8, 1984 MEETING. c
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SECTION II. The extension of municipal waterworks for this facility `�',
is approved in accordance with Section 19-18 of the Town Code.
SECTION III. A surety bond in a form approved by the Town Attorney in
the amount of $16,761 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of
Engineering for the Psychiatric Care addition.
SECTION IV. The manager shall on behalf of the town enter into an agree-
ment with Loudoun Memorial Hospital that will vacate a water main ease-
ment, establish rights of ingress and egress by the town to the town's
water storage facilities, establish Loudoun Memorial Hospital's ingress
and egress rights across a portion of the town's water supply facility
site and vacate a building restriction line from the hospital property
in accordance with the plat prepared by Chamberlin Associates dated
January, 1984.
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
84-19 - RESOLUTION - REQUESTING APPROVAL OF THE STATE HIGHWAY AND TRANSPORTATION
COMMISSION OF VIRGINIA FOR A NEW ROAD ENTRANCE ON THE LEES-
BURG (ROUTE 15) BYPASS.
N On motion of Mr. Willis, seconded by Mr. Coffey, the following resolution
W was proposed:
QWHEREAS, residential developments are proposed along both sides of the
Leesburg (Route 15) bypass within the enlarged town limits; and
WHEREAS, the town assumed maintenance of the Leesburg (Route 15) bypass
on January 1, 1984; and
WHEREAS, a new intersection will provide a more efficient and safe road
system for Leesburg and reduce negative traffic effects on existing resi-
dential neighborhoods; and
WHEREAS, a new intersection along the Leesburg (Route 15) bypass was
proposed by the Virginia Department of Highways and Transportation in
the Leesburg Transportation Study completed in December, 1983; and
WHEREAS, a public hearing was held on December 14, 1983 at which time
persons affected by this proposed resolution had an opportunity to
appear and present their views; and
WHEREAS, no opposition was expressed at the public hearing:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I. The State Highway and Transportation Commission of Virginia
is requested to approve a new intersection along the Leesburg (Route 15)
bypass at Station 505 + 80, VDH&T Route 15, Project 0015, 104, C501, PE101.
The opening of this new intersection will be contingent on the following
conditions:
(a) An understanding that this intersection would ultimately be grade
separated as proposed in the Leesburg Transportation Study;
(b) Dedication by the developers of sufficient right-of-way to con-
struct the eventual interchange;
(c) Permission from the State Highway and Transportation Commission
of Virginia to make the initial intersection at-grade;
(d) Construction of the intersection to meet Virginia Department of
Highways and Transportation standards; and
(e) Completion of the intersection at no cost to the Virginia Depart-
ment of Highways and Transportation.
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MINUTES OF FEBRUARY 8, 1984 MEETING.
34 SECTION II. The manager shall transmit this resolution to the State
Highway and Transportation Commission of Virginia and provide all
necessary information and documentation to support this request.
Mayor Sevila said this resolution meets the town's needs and meets the concerns
of those property owners in the area of this intersection. The Ball's Bluff
Road itself is outside the annexation area. Mr. Coffey suggested that Item
(e) be amended to state the "at-grade" intersection. Mayor Sevila asked if
this will be done at the entire cost of the town or in conjunction with the
development of land to the east and west? Mr. Niccolls said that, under the
existing subdivision and planned development policies of the town, it would
be done at the expense of the developers. There was also discussion as to
who would pay for the ultimate grade separation mentioned in (a) . Mr. Nic-
coils said discussions are being conducted with the developers concerning
their contribution toward facilities required by their projects and it is
hoped their planned development application will contain promises or proffers
indicating that funds will be set aside for future development of both the By-
Pass and this interchange. The principle is that they should contribute a
pro-rata share of the cost for improvements necessitated by their projects.
There has been no discussion concerning this with representatives of the Beus
tract - they are not that far along in their plans.
On motion of Mr. Coffey, seconded by Mr. Willis, Council voted unanimously
to amend item (e) to read as follows:
(e) Completion of the at-grade intersection at no cost to the Virginia •
Department of Highways and Transportation.
I '
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
The resolution, as amended, was unanimously adopted:
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
84-20 - RESOLUTION - ACCEPTING CATTAIL BRANCH SEWAGE PUMPING STATION, RELEASING
A PERFORMANCE BOND AND WAIVING MAINTENANCE BOND REQUIREMENT.
Mayor Sevila asked Mr. Bos to chair the meeting for this resolution inas-
much as he has a conflict of interest. On motion of Mrs. Hill, seconded by Mr.
Tolbert, the following resolution was proposed:
WHEREAS, International Pavilion Company, developer of Carrvale Subdi-
vision and the Cattail Branch Sewage Pumping Station, has completed
the Cattail Branch Sewage Pumping Station in accordance with town stand-
ards and specifications and these have been inspected and approved by
the town; and
WHEREAS, the sewage pumping station has been in service for several
years; and
WHEREAS, the issuance of a Certificate to Operate by the state health
department was conditioned upon review and approval by that depart-
ment of an Operations and Maintenance Manual:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Cattail branch Sewage Pumping Station and force main
serving Carrvale Subdivision are accepted for public use by the town.
SECTION II. Performance bond number 923704 from Republican Insurance
Company in the amount of $75,500, which guaranteed installation of the
Cattail Branch Sewage Pumping Station, is released and the maintenance
bond requirement is waived.
SECTION III. This resolution shall be effective upon issuance of an uncon-
ditional Certificate to Operate by the Virginia State Health Department.
MINUTES OF FEBRUARY 8, 1984 MEETING.
Mayor Pro-Tem Bos explained that this station has been operating for several 3 5
years, so no maintenance bond is required. The resolution was unanimously
adopted:
Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor
Pro-Tem Bos.
Nay: None.
Mayor Sevila assumed the Chair.
84-21 - RESOLUTION - ENDORSING KEEP LOUDOUN BEAUTIFUL'S ANNUAL CLEAN-UP.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution
was proposed:
WHEREAS, Leesburg is blessed with unusual natural beauty; and
WHEREAS, past efforts by many individuals and organizations have con-
tributed to keeping this beauty unspoiled:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Town Council hereby declares April 2 through
April 24, 1984 as Spring Clean-up Weeks.
LU SECTION II. The Leesburg Town Council urges all individuals, families,
businesses, organizations, clubs and groups, governmental as well as
private, to cooperate with Keep Loudoun Beautiful in this worthy effort to
benefit the Town of Leesburg.
Mr. Bos said Jan Shepherd of our office staff has been working with the litter
project and trying to coordinate it with the Keep Loudoun Beautiful campaign -
she is doing a good job. This is one of the things the new Environmental Ad-
visory Committee will be handling. Mr. Niccolls explained that we cooperate
with the Keep Loudoun Beautiful people by picking up the bags of litter, etc.
ll
that their volunteers put out and sometimes put trucks out in convenient lo-
cations for them. The resolution was unanimously adopted:
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
There being no further business, the meeting was adjourned at 8:40 p.m.
7 Mayor
/: /!.�
Clerk of th ' Council