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HomeMy Public PortalAbout1985_04_24 388 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 24, 1985. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on April 24, 1985 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Wil- liams. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Arl Curry, Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and Charles J. Williams; also Acting Manager Stephen F. Owen, - Director of Finance Paul E. York, Director of Engineering Tom Mason and Director of Planning Zoning and Development Martha Semmes. On motion of Mr. Tolbert, seconded by Mrs. Hill, the minutes of the regular meeting of October 24, 1984 were unanimously approved as corrected: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. PETITIONERS: Mr. Charles M. Smith, President of the Virginia Knolls Community Association, requested permission to address Council if the amendment to the proffer concerning the connection of Shenandoah Street is to be acted on tonight by Council. Mayor Sevila advised him that this matter will be on the Public Works Committee agenda for Monday night. Mr. Colin MacDiarmid, Chairman of the Environmental Advisory Commission, ad- vised that the Commission took action last night to recognize the self-initiated actions of the Town Manager and his staff in the recent incident regarding the hazardous materials at the McKimmey Feed Mill site and propose that the Town Council recognize this by giving an award in the Commission's name to the town staff for their efforts. On motion of Mrs. Hill, seconded by Mr. Williams, it was unanimously voted to refer this to the Finance and Administration Committee at its next meeting: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Mayor Sevila commented that Council is extremely proud of the staff with regard to this matter - they acted both heroically and courageously and effectively in alleviating what could have been a major problem. It is certainly within the purview of the Environmental Advisory Commission to recognize acts such as this. COUNCILMEMBER COMMENTS: Mr. Bos reported that the Board of Architectural Review met ten days ago and passed four routine sign applications. Mr. Williams advised that the Environmental Advisory Commission met last night and, in addition to the recommendation for the award, broke itself into two sub- committees to review the Town Plan with respect to environmental aspects, as well as noise and nuisance. This would include the planting of trees and other beauti- fication programs. He expects some good things to happen there. Mayor Sevila asked if the Commission has considered the matter of the wall at Carrvale? Mr. Williams said it has not come before them, but he will see that it is on the agenda. Mayor Sevila said the burden falls on the individual proper- ty owners, but the issue is whether or not the town wants to get involved in it. He felt that what they want is for the town, along with the citizens of Carrvale, to explore alternatives. Since it is an environmental issue and affects a fairly long stretch of road in a residential community, the town should be concerned about it and seek ways to correct it. Mr. Curry reported that the Planning Commission met last Thursday. The, zon ing committee met and discussed the Linden Hill Concept Plan (Jim Tyler's prop-. erty) . There were several homeowners there, as well as his developer. Mr. Tyler presented a formal request to change his base density from two to four dwelling units per acre - this would go over the allowed number of units. He agreed to about 28 units and was willing to pay the fees to the County as required by the agreement . The homeowners from Country Club felt he should develop his land com- patible with their subdivision. He assumed the Council would have to make a de- cision on this. 1 MINUTES OF APRIL 24, 1984 MEETING. 3'8 9 In other action, the Commission approved the preliminary plat for Rose Stone Court - a small subdivision of seven 10,000 square foot lots. They also recom- mended amendments to the Zoning Ordinance regarding parking courts for town- houses and an amendment to the Subdivision Ordinance regarding residential lots. He had a call from a lady on Old Waterford Road concerning installation of curb and gutter - she did not want it in front of her house. Steve Owen said the curb and gutter is being installed - there seems to be a misunderstanding as to where the property line is - that will be resolved through survey. Mayor Sevila felt the staff has handled this situation well - he believes this will be acceptable to the town and the residents there. The survey apparently solved the problem. Mr. Kelley said the Economic Development Advisory Committee had a second meet- ing this month. Among the items discussed was the industry visitation program (they are in the process of scheduling some more visits with local businesses). They went through the community assessment survey - it was very enlightening in some areas. The new marketing brochure was also discussed as well as the airport improvement program. Steve Owen explained that there had been some pretty in- tensive lobbying efforts on the part of the town with various FAA officials, letters have been written and we are doing everything we can to line up those funds. He expected some funds to be made available to the town within the next week or so. Mr. Kelley said Mr. Williams, Mr. Minor, Mr. Haynes and he met with Congressman Wolf regarding this - he gave us the benefit of some of his staff help and hopefully they have made some inquiries as to what happened to our I _ $623,000 for Phase I of that program. If we lose this out of this fiscal year N it would throw our whole program out by at least a year - this would certainly W not be helpful in that we have a private donor that will contribute the five per M cent the town would be responsible for to the tune of $100,000 - we certainly Cr want to take advantage of that . Mr. Williams reported that the Chamber of Commerce, along with the business community, has under advisement a small business development concept - basically. the small business community would support new businesses coming into the town- they would have a coordinator, they would be wholly paid by the business community and new business people coming into town that would either like to have a loca- tion in Leesburg or some place in Loudoun County that would operate out of this office. They hope to make great progress with this particular small business concept . Mr. Tolbert understood a sign had been approved for St. James Church. Mr. Bos advised that the Board of Architectural Review approved the appropriateness of a sign, but the applicant has since withdrawn their request. MAYOR'S REPORT: Mayor Sevila reported that he and Mr. Kelley agree to refer two matters to committee this week - these have been received from the Northern Virginia Planning District Commission. One is a letter from Nancy Falck encouraging all jurisdic- tions to seek ways of enlisting citizen cooperation with regard to public aware- ness of the increasing problem at traffic controlled intersections (red lights) ; the other is a Fairfax County and NVPDC resolution concerning the acquisition of apnea monitors for infants who are at risk from sudden infant death syndrome. This is a Northern Virginia-wide program - where each jurisdiction would share with another when the need arises - they are inviting the town to participate in it with the County. This matter would go to Finance and Administration. On motion of Mr. Tolbert, duly seconded, Council voted unanimously to refer the first matter to the Utility and Public Works Committee and the latter to Finance and Administration: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Also, he received a letter expressing gratitude from Ted and Cindy Baer for the outstanding job done in correcting the problems in Fairways. Mr. Curry sug- gested that there be a requirement to complete the streets in a subdivision as each section is finished. This was discussed by councilmembers . Mayor Sevila understood the staff is in the process of evaluating or analyzing the bonding methods and will have a report back to Council for action. It might be appro- priate to include this question at that time. MINUTES OF APRIL 24, 1985 MEETING. 390 MANAGER'S REPORT: Acting Manage- Steve Owen commented on the memo from Tom Mason con- cerning the clean-up of the McKimmey Mill site. The ten samples taken by Versar have all come back - they tested out well and the site is free of toxic sub- stances . Market Square will proceed with development of the townhouses now. The Cable Advisory Commission will hold a public hearing next Tuesday on the purchase of Storer (Catoctin Cable) by Prime Cable Communications. The find- ings of this public hearing will be reported to the Finance and Administration Committee. LEGISLATION: On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolutions were proposed as consent items and unanimously adopted: 85-57 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE LEESBURG PLANNED DEVELOPMENT REGULATIONS REGARDING NEIGHBORHOOD CONVENIENCE CENTERS. WHEREAS, the Council has reviewed proposed amendments to the Leesburg Planned Development Regulations regarding neighborhood convenience cen- ters recommended by the Planning Commission; and WHEREAS, the Council is considering revisions to these proposed amendments that would allow more intensive commercial use within neighborhood conven- ience centers than was contained in the original public notice for the Council public hearing on these amendments; and WHEREAS, Section 15. 1-493 of the 1950 Code of Virginia, as amended, re- quires an additional public hearing before Council adoption of such more intensive provisions: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider revised amendments to the Leesburg Planned Development Regulations shall be published in the Loudoun Times-Mirror on May 2, 1985 and May 9, 1985 for public hearing on May 22, 1985 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Lees- burg, Virginia. 85-58 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING PRELIMINARY PLATS AND PRELIMINARY DEVELOPMENT PLANS. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of Public Hearing to consider proposed amendments to Sections 13-57, 13-61(b) and 13-67(d) of the Leesburg Subdivision and Land De- velopment Regulations shall be published in the Loudoun Times-Mirror on May 23, 1985 and May 30, 1985 for public hearing on June 12, 1985 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-59 - RESOLUTION - MAKING AN APPROPRIATION FOR THE PURCHASE OF A DOOR FOR THE LOUDOUN MUSEUM. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, it has been determined that the Loudoun Museum is in need of a basement door for its Wirt Street entrance; and WHEREAS, the town has determined that the door best suited to meet the needs of the Loudoun Museum is manufactured by the Bilco Door Company; and 1 MINUTES OF APRIL 24, 1985 MEETING. n 3 1 • WHEREAS, this type of door is not available from local suppliers but is 17 available only from Bilco: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that an appropriation is made to general fund account number 4600.301 in the amount of $1, 130 for the procurement of a "Bilco" door for the Loudoun Museum. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. I 85-60 - RESOLUTION - MAKING AN APPROPRIATION FOR A 3/4 TON CREW CAB PICK-UP TRUCK. On motion of Mr. Tolbert, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: WHEREAS, a notice of Invitation to Bid for the purchase of a 3/4 ton crew cab pick-up truck was advertised in the Loudoun Times-Mirror on March 6; and WHEREAS, five bids were received on March 20 for the purchase of a 3/4 ton h ^V crew cab pick-up truck; and WHEREAS, it has been determined pursuant to §8-1. 14 of the Town of Lees- burg's purchasing policy that the lowest bid for a 3/4 ton crew cab pick-up truck which meets all of the town' s specifications was submitted by Star WM Pontiac-GMC based on its overall lower operating costs when compared to a one-ton truck and the local warranty service offered for the truck: Q THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager shall purchase a 3/4 ton pick-up truck from Star Pontiac-GMC, Inc. of Leesburg, Virginia for an amount not to exceed $10,706. 31. SECTION II. An appropriation is made from the Utility Fund to Account No. 5100. 705 in the amount of $10, 706.31 for FY 1985. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert , Williams and Mayor Sevila. Nay: None. 85-61 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING ON THE EXETER PLANNED DEVELOPMENT APPLICATION WITH REVISED PROFFERS. On motion of Mr. Bos, seconded by Mrs. Hill, the following resolution was pro- posed and unanimously adopted: WHEREAS, the proffers submitted by the Exeter Planned Development prior to the Council public hearing on this application have undergone substan- tial change since the public hearing; and WHEREAS, Section15. 1-491(a) of the 1950 Code of Virginia, as amended, requires all proffers to be submitted in writing in advance of a pub- lic hearing before the Council, thereby making it advisable to hold another public hearing: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the Exeter Planned Development ap- plication with revised proffers shall be published in the Loudoun Times- Mirror on May 2, 1985 and May 9, 1985 for public hearing on May 22, 1985 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. MINUTES OF APRIL 24, 1985 MEETING. 392 Planning Director Martha Semmes advised Council that the applicant for the Exeter Planned Development would like some indication that there is an end in sight for his application and that there is some kind of agreement to at least some portion of the application as to maximum residential density and the overall plan as proposed. Staff believes Council cannot say anything about the conven- ience centers nor about the proffers in view of the fact that both are subject to public hearings, however, Council might approve some motion to place the re- zoning itself on the agenda for May 22nd if there is no major opposition at the hearings . Another possibility is that you might approve the concept plan at the May 8th meeting, with the PD regulations in effect at the time of the rezoning. Mr. Bob Varnon, Chairman of the Board of Exeter, said he has had a long wait and he would appreciate whatever they can do as far as off-site road improvements are concerned. Several builders are waiting on buying lots or contracting for them and he can' t say anything, but he believed it would be appropriate for them to say they could at least go forward with the lots or contracts for them. Another month is a long time to wait on a project. He appealed for a go-ahead at this time. Mr. Steve Robin, attorney for Exeter, added that they are aware of the fact that what they ask for cannot be binding at this time, but they would like a gentle- man' s agreement until they complete the public hearings . They would like Council to make a general statement at least. Mr. Williams was willing to go along with this - it doesn' t appear to be bind- ing and they have indicated in previous discussions that they are willing to do • this. Mayor Sevila felt there is a better way than this - it' s a bad practice for Council to get into a preliminary vote on issues such as this when there are still two issues open for public debate. It makes the public debate process a farce if Council has already indicated in a resolution that it intends to approve it regard- less of what the public might say on May 22nd. He felt it would be a good idea to adopt Martha's suggestion that perhaps by some unanimous vote tonight they refer the matter to the Finance and Administration Committee for consideration of legis- lation on the concept plan, which is ready for approval. He would hope this would indicate to Mr. Varnon' s prospective customers and clients Council's present dispo- sition toward the application. On motion of Mrs. Hill, seconded by Mr. Bos, Council voted unanimously to refer this matter to the Finance and Administration Committee to devise some legis- lation approving under our Planned Development ordinance the concept plan sub- mitted as part of the Exeter rezoning application: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mr. Tolbert, seconded by Mrs. Hill, the meeting was adjourned at 8:35 p.m. Mayor . if //g./e/ Clerk of th• Council 1