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HomeMy Public PortalAbout1985_05_08 396 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 8, 1985. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on May 8, 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. Curry. 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, Town Manager Jeffrey H. Minor, Assistant to Manager Stephen F. Owen, Director of Planning, Zoning and Development Martha Semmes and Zoning Administrator Mark Nelis. CERTIFICATE OF APPRECIATION: A Certificate of Appreciation was presented to the Town Staff by Mayor Sevila on behalf of the Council for identification and removal of hazardous waste at the former McKimmey Mill site. This was presented to Town Manager Minor on behalf of an outstanding job done by the staff for recognizing a prob- lem and acting very hastily to remove what was potentially a very serious prob- lem for the town. He felt this should be displayed proudly in the office as a token of Council ' s appreciation. Mr. Minor said this will be displayed in the vestibule next to Tom Mason's office - he had a lot of courage and had been work- ing for the town only for a couple of weeks. This was one of his first duties. He added that he was very pleased when Tom presented this problem to the Council several months ago, without benefit of a committee meeting. Council understood the potential danger and the need to move expeditiously to solve the problem. There were some problems concerning financing the removal and transportation of the material, but Council made a rapid decision - without that they would cer- tainly have failed. Mayor Sevila said what Council did in acting with haste demonstrated the confidence they have in the staff and his engineering depart- ment for identifying the problem and coming up with a successful solution. Mr. Williams added that the Environmental Advisory Commission recognized the need and the requirement and responsibility the town had and the way it responded. The Commission also recognized the Council, so he was very well pleased that they were recognized. COUNCILMEMBER COMMENTS: Mr. Bos commented that most of the councilmembers were at the Downtown Business Association meeting with Ballinger and LaRock pertaining to a downtown parking garage. A lot of parking issues came up and it became clear that the parking issue is very complex and hard to solve. They made a good job of pos- sibly conce.ving one way to solve the problem. This should help with our antici- pated parking studies. Mr. Williams hoped that Council, on recommendation of the staff, would look into the possibility of a parking garage - perhaps Council will suggest a committee to investigate such a possibility. Mrs. Hill reported that the Cable Television Commission met last night. They hope to be finished with Silver Oaks by the end of the month. They have gained 30 new connections since April 19th and now have a total of 2,111 basic services and 2,896 premium services. Mr. Curry reported that the Planning Commission met at Linden Hill, Mr. Tyler' s condo development - it was raining, so they could not look it over as thoroughly as they would like to have. Later at the meeting Mr. Pelkey moved to deny ZM-60 (Tyler) . They were asking for 70 dwelling units on 10 acres and the Commission felt the density was greater than any they have granted so far. Other concerns were its closeness to Route 15 and its closeness to some of the units in Country Club. This will be coming to Council next . The Commission made no recommendation as to density. Staff recommended that four would be about the maximum in accordance with our ordinance - a total of about 41. Mr. Kelley advised that the Economic Development Advisory Committee met this morning. Martha Semmes and Steve Owen have updated ourFact Sheet-which lists the vital statistics for the town- they are working on our marketing brochure as well. They hope to have the proposed new goals ready for the next EDAC meeting. Leesburg has been selected for a television documentary which will be run eight times on Channel 56 - we will receive a copy so we can use it in our marketing presentations or in the historic presentation. This will be good to show for the Chamber of Commerce Trade Fair. Also, NVPDC named its new commissioners for the coming year. II MINUTES OF MAY 8, 1985 MEETING. 897 Mr. Tolbert reported that the Airport Commission has not met this month. However, he gave a preliminary report on Keep Loudoun Beautiful - they picked up 2,219 bags of trash, 1,049 people working, they put in 1,069 hours and covered 350 miles. Mr. Williams added that Mr. Tolbert is very modest - he was the re- cipient yesterday of an award from the Governor of the State for his fine efforts with KLB. They have done a terrific job in our community and we're very proud and thankful for what Mr. Tolbert has done. MANAGER'S REPORT: 1. Town Manager Minor reported that the town has appointed its first female in I the Utility Plants Department - she is Julie Finn, an operator at the Water Plant. 2. Assistant Town Engineer Mohammed Alam has resigned to take a position with Arlington County. We will begin to recruit for that position immediately and hope to have someone by the end of the month. 3. Recruitment for the Deputy Town Attorney position was concluded on May 3rd - there are four applications. 4. Council has received the annual Pay and Benefits survey - this was prepared by Steve Owen. It is a companion document to the Budget. N5. Regarding the marketing brochure - he has looked at some of the work done by N' the Planning Department and Steve Owen - it is?very exciting concept and attrac- tiveWdesign. He believes it will be a very effective tool for our economic- de- M velopment efforts. They intend to bring a concept to a sub-committee of EDAC W as well as to the full committee. They also intend to forward- the concept bro- Q chure to June Bachtel with Loudoun County and to Fairfax County to give us some advice and guidance. 6. The strategic planning seminar is scheduled for May 17th in Charlottesville. This seems like a really good opportunity to learn in one day the basic rudiments of strategic planning; also, perhaps to get some exposure to some of the people that could serve as a convenor or a leader if we want to use that format to look at the various elements of the Town Plan. I 7. He called attention to a memo at their places tonight concerning the Catoctin Miewimode3.home. There followed lengthy and extensive discussion concerning hook- ing up this model home (after it is constructed) to town water and sewer. The ap- plicant was requesting issuance of a zoning permit so the home could be constructed strictly as a model. This matter was referred to the Utility and Public Works Com- mittee for its next meeting on Monday night, with Mr. Shope to present additional information before a zoning permit can be issued. Mr. Bos asked Mr. Minor to briefly describe the Tuscarora Creek Channel project. Mr. Minor explained that these structures are very expensive and will be almost half the construction cost. They tried to see if the developer would entertain reassuming the responsibility to construct that drainage facility. That was a requirement imposed by the Council on the developer - they began the project and there was a disruption between the neighborhood and the developer, so the project was redesigned and the town agreed to assume the responsibility if they would pay approximately $30,000. Nothing has been done and since the resurfacing and all the fill work, this has come up again. One way to keep the cost down is to redon-7: figure the channel and make it straight and wider, which Tom Mason indicates would probably lower the flood elevation and be overall a more desirable project. However, it is likely the project would have to go back before the U. S. Corps of Engineers and Marine Resources Board - that could take another three to five months. Discussions are still going on between the developer and the Virginia Knolls residents. They are trying to get a ruling from the Corps - if they do not agree, this plan would be almost eliminated and we may have to stick with the original design, including the bridge and the gabions. Mr. Kelley asked if it is made straighter and wider, wouldn' t this create a bigger problem downstream? Tom Mason felt there would be no problem. LEGISLATION: On motion of Mrs. Hill, seconded by Mr. Williams, the following resolutions were proposed and unanimously adopted: MINUTES OF MAY 8, 1985 MEETING. { 398 85-63 - RESOLUTION - APPROVING THE FINAL DEVELOPMENT PLAN FOR HARRISON SQUARE SOUTH AND A CASH BOND FOR THE PUBLIC IMPROVEMENTS. •WHEREAS, the Town of Leesburg received a 1.35 million dollar community development block grant, of which a major element is the provision of low to moderate income housing in the South Harrison Street area; and WHEREAS, the proposed 14 unit townhouse project meets the objectives of this grant; and WHEREAS, the Board of Architectural Review has approved the architec- tural design for this project; and WHEREAS, by terms of the contract, the Council is required to approve the design and development plan for this project; and WHEREAS, Market Square Associates has submitted a cash bond in the amount of $16,987 for public improvements; and WHEREAS, the Town Council approved a contract with Market Square Asso- ciates agreeing to sell parcel three of the Vepco tract for $85,458: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The site plan of Harrison Square South prepared by Bengtson, DeBell, Elkin and Titus, dated April 23, 1985, and architectural drawings prepared by Kamstra, Dickerson and Associates are approved contingent . upon approval of the construction drawings by the Director of Engineering. SECTION II. The final subdivision plat of the Vepco tract (parcel 3) pre- pared by Bengtson, DeBell, Elkin and Titus is approved. SECTION III. A contract for public improvements and the cash bond in the amount of $16,987 is approved. 85-64 - RESOLUTION - AUTHORIZING AN EXTENSION OF TIME FOR THE SUBMITTAL OF DET-1-: VELOPMENT PLANS FOR PARCEL 2 OF THE VEPCO TRACT. WHEREAS, the Council authorized a contract with Market Square Associates by Ordinance No. 85-0-2 for the sale and development of the former VEPCO tract; and WHEREAS, the discovery and subsequent eradication of toxic soil contaminates on a portion of the property to be conveyed has delayed the execution of the contract and land sale pending the outcome of test results. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The sales contract and development agreement between the Town of Leesburg and Market Square Associates, Inc. dated February 25, 1985, is amended to require submittal of a concept plan for the development of Parcel 2 by June 30, 1985 and the submittal of the final site plan and architectural designs for the non-residential component of the project to be developed on Parcel 2 of the VEPCO tract by September 30, 1985. This amendment shall not impair or alter any other provision of the contract between the Town of Leesburg and Market Square Associates, Inc. including the require- . ment that Market Square, Inc. shall purchase Parcel 2 no earlier than June 30, 1985 and no later than August 31, 1985. 85-65 - RESOLUTION - REQUESTING THE VIRGINIA COMMISSION OF THE ARTS TO INCLUDE TOWNS AS ELIGIBLE TO PARTICIPATE IN CHALLENGE GRANTS. WHEREAS, the Virginia Commission of the Arts is developing plans for the 1986-88 grant program and is soliciting comments on the proposed plan; and WHEREAS, the Virginia Commission of the Arts grant program includes "local governments challenge grants" to provide funds for cities and counties for distribution to local arts organizations ; and MINUTES OF MAY 8, 1985 MEETING. 399 WHEREAS, in the Commonwealth of Virginia, towns constitute a third and vital class of local government organized to provide services very simi- lar to those provided by cities to include services for the health, safety and welfare of their citizens; and WHEREAS, some towns, including Leesburg, have populations larger than some cities and counties of the Commonwealth; and WHEREAS, the Town of Leesburg has historically funded various cultural and arts activities through the Loudoun Museum and Bluemont Concert Series: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Virginia Commission of the Arts is requested to revise the "local governments challenge grant program" to include towns as eligible units of government to participate in this important grants program. 85-66 - RESOLUTION - APPROVING A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT, DIVISION OF LITTER CONTROL FOR FUNDING OF LITTER CONTROL PROGRAM. WHEREAS, Council recognizes the need for litter control within the bounda- ries of the Town of ;Leesburg� and WHEREAS, the Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of enhanc- ing local litter control programs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall submit an application requesting the town' s $1, 787.00 grant allocation which, if approved, will be used for expansion and con- tinuance of our present litter control program. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-67 - RESOLUTION - APPROVING THE CONCEPT PLAN AND AMENDING THE TOWN PLAN FOR THE EXETER PLANNED RESIDENTIAL NEIGHBORHOOD. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, an application was submitted on August 21, 1984 by Leesburg Joint Venture for Concept Plan approval and an amendment of the Town Plan for the Exeter Planned Residential Neighborhood pursuant to §7B-5(d) of the Lees- burg Zoning Ordinance; and WHEREAS, a public hearing was held by the Planning Commission on this ap- plication on October 4, 1984; and WHEREAS, the Planning Commission recommended approval of the application with conditions on December 20, 1984; and WHEREAS, the Council held a public hearing on this application on March 27, 1985; and WHEREAS, the Exeter Planned Residential Neighborhood Concept Plan meets the objectives of the Planned Development Regulations as contained in Sec. 7B-3 of the Zoning Ordinance and will ensure the dedication of i sub- stantial public facilities, transportation and open space resources for the benefit of town residents. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 400 MINUTES OF MAY 8, 1985 MEETING. The Concept Plan for the Exeter Planned Residential Neighborhood, as summarized in the applicant's submission dated August 21, 1984 as amended by the submission dated April 1, 1985, and an amendment of the Town Plan to reflect this concept plan are hereby approved with the following condition: that the size of the neighborhood re- tail convenience center shall conform to the Planned Development Regulations in effect at the time of the rezoning for this project. Mr. Bos commented that this has been a long process - the developers, the Town staff and the Council should be commended on their cooperation. He felt it has been far too long as far as the developers are concerned, but they understand that we are new at this process. This is the key development that will be tak- ing place in that area of town. He is looking forward to it and endorses it Mr. Kelley echoed these comments, - he felt that Council and Martha Semmes have don= an ex ellent job. It has been a pleasure to deal with Mr. Varnon and Mr. Kuchta and/wishes them success. Mayor Sevila added that, when the PD ordinance was adopted nearly a year ago, this was the kind of process they had in mind - it was new turf for Council as well as the developers. This is called "negotiated zoning? and it is working well. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-68 - RESOLUTION - ENDORSING A METROPOLITAN-WIDE PUBLIC AWARENESS PROGRAM -TO REDUCE RED TRAFFIC LIGHT VIOLATIONS BY MOTORISTS. On motion of Mr. Bos, seconded by Mr. Kelley, the following resolution was proposed: WHEREAS, failure by drivers to heed red light signals is against the law in all jurisdictions in the Washington Metropolitan Area; and WHEREAS, there is a growing sense on the part of the public of increasing incidents of red light violations by drivers in all localities in Metro- politan Washington; and WHEREAS, the red light violators pose a serious public safety threat to other motorists, pedestrians and to themselves and other occupants of their own vehicles; and WHEREAS, the Leesburg Town Council believes that public awareness of the dangerous nature of red light violations should be more fully recognized: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is hereby directed to make known Council ' s concern regarding red light traffic light violations to the Leesburg Police Department so that enforcement and compliance with electronic traffic signal laws will be increased. Mayor Sevila pointed out that this is part of a multi-jurisdiction-wide campaign to increase public awareness of the danger at traffic-controlled intersections. The town is demonstrating its support of that campaign by adopting this. The resolution was unanimously adopted: Aye: Councilmembers Bos , Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-69 - RESOLUTION - TRANSFERRING FROM ACCOUNT NO. 1201. 101 TO ACCOUNT NO. 1201.540 FOR THE PURPOSE OF UPGRADING TYPEWRITER IN TOWN MANAGER'S OFFICE. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 401 MINUTES OF MAY 8, 1985 MEETING. A transfer of $1,870 is made from Account No. 1201. 101, Salaries and Wages to Account No. 1201.540, Materials and Supplies for the purpose of upgrading town manager' s secretary' s Xerox 627 Memorywriter to Xerox 640 Memorywriter. • Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-70 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE DEEDS AND LAND EXCHANGE INSTRUMENTS. On motion of Mr. Williams, seconded by Mr. Bos, the following resolution • was proposed and unanimously adopted: WHEREAS, the town received a $1.35 million dollar community development block grant to carry out development and redevelopment activities in the South Harrison Street neighborhood; and WHEREAS, the town acquired the VEPCO tract as part of its redevelopment j effort ; and WHEREAS, the town and James H. McKimmey own land on opposite sides of the North Branch drainage channel which they desire to exchange; and WHEREAS, the value of the town' s land and the value of McKimmey' s land are approximately equal value: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The mayor shall execute on behalf of the town such deeds and land exchange instruments, in a form approved by the town attorney, to effect the land exchange between James H. McKimmey and the town as shown on a plat to be prepared by Bengtson, deBell, Elkin and Titus. SECTION II. Resolution No. 84-165 is repealed. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mr. Williams, seconded by Mrs. Hill, Council voted unanimously to go into executive session, pursuant to Section 2. 1-344(a)(1) of the Code of Virginia, 1950, as amended, to discuss personnel issues, with only councilmem- bers present: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Council reconvened, with no action taken. On motion of Mr. Tolbert, duly seconded, the meeting was adjourned at 9: 15 p.m. Mayor Clerk of e Council///l