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HomeMy Public PortalAbout1985_09_25 36 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, SEPTEMBER 25, 1985 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on September 25, 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 Mrs. Hill. Pfesent were Mayor Robert Sevila, Councilmembers • Charles Bos, Marylou _Hill, Brian Kelley, John W. Tolbert, and Charles Williams; also present were Director of Planning, Zoning and Development, Martha Mason-Semmes; Director of Finance, Paul York and Assistant to Town Manager Stephen Owen; Town Attorney George Martin and Deputy Town Attorney, Debbie Welsh. Absent from the meeting was Council 111. - membdr Arl Curry. PETITIONERS Frank Carney, a resident of Country Club Drive, addressed Council regarding the ordinance on amending the Leesburg Zoning Map. He expressed concern about condominium concepts and cluster housing. He said that putting these concepts in Linden Hills would not be in line with the present housing in the area. The neighbors of Country Club want to see the development in the area kept to single family dwellings. PUBLIC HEARING ON REZONING ZM-62, BERNARD 'CARLTON Mr. Minor asked Director of Planning, Zoning and Development Martha Semmes to comment on this proposed rezoning. Martha Mason-Semmes stated that this was an application to rezone approximately seven acres of land at the corner of Ft. Evans Road and the Bypass from county R-2 residential to Town B-2, general business district. An extensive list of proffers has been offered by the developer. These proffers have addressed staff and Planning Commission concerns. This should be limited to office and not retail. uses. Approval of this with the proffers was recommended by the Planning Commission on August 1, 1985. • There was some discussion following the staff comment, one concern being that not all the neighboring residents were notified. Kendall Stock, an attorney representing Bernard Carlton, next addressed Council. He stated that the intention is to have a limited commercial use incorporating a small office park. The main concern is the road situation in the area. The developers have met with VDH&T officials and feel that a solution has been arrived at for the traffic pattern in the area. There would be a 400-500 foot turn lane from Route 15 south onto Ft. Evans Road. Also, a right only turn onto Route 15 is proposed. They have also offered to contribute approximately 22% of the cost of a traffic light at the corner of Market Street and Ft. Evans Road. Mr. Carlton is a local builder, not only earning his living here, but residing in Leesburg. • The proffers that were previously mentioned are as follows: to limit the retail floor area to 30% of the total floor area; at the time a zoning office district is adopted, they would be agreeable to be included in the zoning office district under the Zoning Ordinance; a minimum 20% landscaped open space on site; establishment of a landscape buffer area adjacent to residential areas and the Bypass; a 5% interior landscape area screening cars from public road view; dedicating 5' of additional right of way for road improvements on Ft. Evans Road; make improvements to the Bypass for ingress and egress from Ft. Evans Road; uses be limited - restrictions would include a 24-hour, drive through type establishment. There has been an inquiry from a new car dealer regarding use of 2 acres for this dealership. Charles Williams was interested in learning more about the car dealership. What is the difference in the dealerships that would make this one so much more attractive? SEP25.1 17 MINUTES OF THE SEPTEMBER 25, 1985 MEETING Charles Bos asked about the screening involved. Mr. Stock explained that this would be recommended by the landscape architect used, but that they would make it as attractive with the use of trees and shrubs as possible. Pat Fisher, a resident of Ft. Evans Road, spoke regarding the . traffic "hazards at the intersection of Ft. Evans Road and the Bypass. He stated that in the thirteen years that he has lived there, eleven traffic related deaths have occurred at that intersection. The markings for this intersection are not clear as to the dangers. Adding to the already dangerous traffic situation is not in the best interest of the . residents nor the users of the road. He presented a letter of concern to the Council signed by eleven members of the neighborhood involved. Warren Rowland, also a resident of Ft. Evans Road, is concerned V^ 'J about what may happen if the dealership falls through - what would the l V rezoning allow in its place? Mayor Sevila responded that if these N negotiations fall through that another dealership (new car dealership W specified) would be allowed, or any of the other uses that are listed for the development. Q Roger Hough, •a thirty year resident of Ft. Evans Road, reiterated Mr. Fisher's statements regarding the traffic safety. Also, consideration should be given to long-time, elderly residents in the area who really cannot afford to move away. Mayor Sevila addressed Ms. Semmes regarding the transportation element of the town. He asked her to recap the recommendation of cul-de- sacing Ft. Evans Road. This is an alternative to the problem, as is the right turn only from Ft. Evans. There will be further discussion on the highway department recommendations and those in the transportation _element. Pat Fisher stated that the Bypass was designed as a non-access bypass. Both Ft. Evans Road and Edwards Ferry Road were designed to be cul-de-sacced. Mr. Bos asked about the immediate plans for a light at the intersection of Ft. Evans Roal and Market Street. Ms. Semmes stated that some funds would be contributed by the developers of Tudor Knolls. Mr. Minor said that this year there were no funds for a light at that intersection, but that by next year there should be funds .to begin the process of obtaining a light. The public hearing was closed at this point. On a _motion.by Mrs. Hill and seconded by Mr. Williams, ZM-62 was referred to the Finance and Administration Committee for further consideration. Aye: Councilmembers Bos, Hill, Kelley, .Tolbert, Williams, and Mayor Sevila Nay: None • COUNCILMEMBER COMMENTS _ .. . Mr. Bos had a report on the Board of. Architectural Review .sign applications which are listed in the manager's report. One change was that the Loudoun County Tourism Office is being relocated to Market Station and Mr. Harmon had some question as to the color of the signs that should be erected to direct visitors to Leesburg to the new office. Mr. Bos and the Mayor attended the groundbreaking for the new addition at the FAA facility on Route 7. Also, comments had been made to him that the entrances to town were well maintained since the annexation. SEP25.2 38 MINUTES OF THE SEPTEMBER 25, 1985 MEETING Mr. Williams spoke regarding the VML meeting in Roanoke. He suggested that a letter be written to the Mayor of Roanoke thanking him for the efforts put forth in hosting this meeting and the gracious hospitality shown to all those who attended. This past Monday 60 people attended a Neighborhood Watch program sponsored by the Police Department. On September 24 the Environmental Advisory Commission met and recommended using trash receptacles similar to those used in Alexandria outside the historic district. They suggested that the Litter Control Coordinator meet with the owners of Barber and Ross and discuss the appearance of that property. The placing of utilities underground in the Old and Historic District was also recommended. Mr. Kelley asked the town manager if we would be ready for the Trade Fair. At this time the town will unveil botha new display and new video for the town. Mr. Tolbert had no Airport Commission Report. He stated that application was made for a Beautification Award and that Keep Loudoun Beautiful did receive one of these awards. Mayor Sevila reported that he and several councilmembers and staff personnel had just returned from the Virginia Municipal League conference in Roanoke. This was an opportunity for staff and elected officials to deal with a broad spectrum of issues affecting them. He also mentioned the dedication ceremony for the new addition to the museum and urged everyone to go by and visit. Mr. Minor and the Mayor met with representatives from Morven Park regarding the road system at Ida Lee Park and there will be more discussions on this in the future. MANAGER'S REPORT Mr. Minor and Mr. York attended the VML conference and reported the opportunties to meet with fellow town officials on the current and future issues facing them was very significant. Christine Wede was appointed as police officer and Will begin her duties on October 4. The Planning Commission set a public hearing date for the revised sign ordinance. The traffic signal at Catoctin Circle and King Street was adjusted to include a left turn arrow. Work will begin to lengthen the access lane from Route 15 to Governor's Drive and Country Club Drive. An amendment has been submitted to EPA for the Step III construction grant for an additional $190,000. This includes the innovative facilities but also may help the request for reimbursement for legal expenses and administrative costs. A phone call from Mitch Wilkinson stated that consideration of Leesburg's Boundary Line adjustment from the Commission on Local Governments will be forthcoming in the next few weeks. - There will be several neighborhood watch meetings in the next few months and Council will be notified of the dates and times of these. Bids were opened on the Airport Runway Project. These are being evaluated by the consultant, Campbell, McQueen and Paris. There will be a recommendation that Contract 2 be rebid at a later date. All documents have been submitted to the FAA. SEP25.3 MINUTES OF THE SEPTEMBER 25, 1985 MEETING . 3 There was some discussion about lots on North Street and whether they were being used in compliance with the town code. At this time there was a five minute recess. LEGISLATION On a motion by Mrs. Hill and seconded by Mr. Williams the following ordinance was proposed and adopted: 85-0-22 - ORDINANCE: ADDING CHAPTER 11.1 TO THE TOWN CODE TO ESTABLISH A PARRS AND RECREATION ADVISORY COMMISSION WHEREAS, William F. Rust has graciously offered the dedication of 141 acres of farm and pasture land to the Town of Leesburg for a proposed municipal park; and VJ N WHEREAS, new development and grants have added significant open N space and park land to the inventory of the Town of Leesburg; and ttWY11 WHEREAS, this Council desires to construct and operate quality �yJ parks and recreation facilities of benefit to all Leesburg citizens; and Q WHEREAS, this Council seeks the on-going advice of its citizens with respect to facilities and programming needed to make Leesburg's open spaces quality parks and recreation facilities for the enjoyment and use of all its citizens; and WHEREAS, the establishment of a Parks and Recreation Advisory IICommission is an appropriate vehicle to assemble and consolidate advice, support and assistance of its citizens with respect to the future parks and recreational needs of a growing community. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 11.1, Parks and Recreation Advisory Commission, is added to the town code to read as follows: Chapter 11.1 PARKS AND RECREATION Art. I. Parks and Recreation Advisory Commission, 11 .1-1 . 11.1-2 ARTICLE I. PARRS AND RECREATION ADVISORY COMMISSION ESTABLISHED Sec. 11.1-1. Commission established, general composition, meetings (a) The Leesburg Parks and Recreation Advisory Commission is hereby established. The Commission shall consist of seven members-who-- _ shall be residents of the town. The office of anv member shall ha vacated if he or she becomes a non-resident of the town. Any vacancy shall be filled for the subsequent term in the same manner as provided herein for original and subsequent appointments. One of the members shall be a member of the Council appointed by the Council, whose term of office shall correspond to his official tenure of office as a councilmember. The terms of all members, except the councilmanic member, shall expire on June 30, 1986. Thereafter, three members shall serve for terms of two years and three members shall serve for terms of three years. Subsequent appointments to the initial three and two year terms shall be for two year terms. (b) Compensation of the members shall be as set forth in Section 2-91.1 of the Town Code. SEP25.4 40 MINUTES OF THE SEPTEMBER 25, 1985 MEETING (c) The commission shall elect its chairman at its first meeting on or after July 1 of each year and the town manager, or his designate, shall serve as secretary. The commission shall meet monthly or more often as determined by the commission Sec. 11.1-2. Powers and Duties During Initial Term ending June 30,1986 The commission shall have the following powers and duties during- - its first term: (a) To adopt rules governing the conduct of its business and meetings. (b) To make recommendations to the Town Council with respect to the funding, development and use of the -Ida -Lee Municipal Park. (c) To conduct public hearings, and otherwise solicit input from Leesburg citizens, civic groups, area local governments, organized athletic teams and other similar groups with respect to development and use of the Ida Lee Park. (d) To identify and pursue sources of funds for the development of Ida Lee Municipal Park. (e) To assist the town manager and staff in the review required to properly plan and develop proposals for engineering and design services of the Ida Lee Municipal Park. (f) To submit a written report to the Council with recommendations covering the development, funding, use and recreational programming for the Ida Lee Municpal Park by June 30, 1986. Sec. 11.1-3. Subsequent Duties After June 30, 1986 the commission shall have the following additional powers and duties: (a) Make general policy recommendations to the Council with respect to the acquisition, development, funding and programming of a parks and recreation system throughout the town. (b) Advice to the Council with respect to the acceptance of any grant, gift, bequest or donation of real property offered or made available for public recreation purposes. (c) To identify and pursue sources of funds, grants, gifts, and donations for parks and recreation activities and facilities. (d) To advise the town manager with respect to annual proposed funding for parks and recreation facilities and activities submitted to the Town Council. (e) To promote parks and recreation activities, special events, and programs. (f) . To serve as an advocate for expanded and improved parks and recreation facilities and programs within the town. (g) To serve as liaison between the Council and Board of Supervisors to insure that Leesburg citizens receive county recreation facilities and services comparable with the level of need and services made available to other parts of the county. (h) To remain acutely aware of the latest developments and trends in parks and recreation development and service delivery. (i) To report periodically on its work to the Council. (j) To monitor and advise the manager's future administration of the operation, programming and maintenance of town parks. SEP25.5 x' 41 MINUTES OF THE SEPTEMBER 25, 1985 MEETING SECTION II. This ordinance shall be in effect upon its passage and all ordinances or resolutions in conflict herewith are 'repealed. Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None II On a motion by Mrs. Hill and seconded by Mr. Bos, the_following items were considered consent itemsand unanimously adopted: 85-169 - RESOLUTION - INITIATING AN AMENDMENT TO SECTION 13-57(b) OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS WHEREAS, the State of Virginia has amended Section 15.1-466 of the Code of Virginia, as amended in regards to preliminary subdivision TT plats; and VJ - WHEREAS, the Town Council desires to amend Section 13-57(b) of the N Subdivision and Land Development Regulations to be consistent with this N amendment: W CO NOW, THEREFORE, RESOLVED by the Council of the Town of Leesburg as Q follows: SECTION I. Section 13-57(b) of the Subdivision and Land Development Regulations is amended by adding the following: (b) Approval of an application and preliminary plat shall be valid for one year from the date of Commission action and may be extended by the Commission upon application. The Commission may grant conditional I II approval of an application and preliminary plat if corrections or additions to the application or plat are needed and the applicant agrees to make the corrections or additions required by the Commission. Conditionally approved applications and plats are valid for one year from the date the applicant submitsthe .required number. of documents to the Land Development Official with all corrections or additions made. The Land Development Official shall return to the applicant one copy each of the Commission approved application and preliminary plat within 14 days of approval. If a developer records a final plat which may be a section of a subdivision as shown on an approved preliminary plat and furnishes to the governing body a certified check, cash escrow, bond, or letter of credit in the amount of the estimated cost of construction of the facilities 'to be dedicated within said section for public use and maintained by the locality, the Commonwealth, or other public agency, the developer shall have the right to record the remaining-sections shown 'on the preliminary plat for a period of five years from the recordation date of the first section, subject to the terms and conditions of this subsection and subject to engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded. • 85-170 - RESOLUTION - REESTABLISHING AN ANNUAL RETAINER FOR THE POSITION OF DEPUTY TOWN ATTORNEY AND MAKING AN APPROPRIATION THEREFOR • WHEREAS, the advertisement published by the Leesburg Town Council for the position of deputy town attorney included an annual retainer of $7500. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SEP25.6 42 MINUTES OF THE SEPTEMBER 25, 1985 MEETING SECTION I. The annual retainer for position of deputy town attorney is hereby established at $7500 payable in monthly installments of $625. SECTION II. An appropriation is hereby made to the General Fund Account No. 1204.1006, Retainer, in the amount of $250 for the fiscal year ending June 30, 1986. 85-171 _ RESOLUTION - REAPPROPRIATING FUNDS FOR A CREW CAB 3/4 TON PICK UP TRUCK WHEREAS, on April 24, 1985 Council adopted a resolution authorizing the procurement and appropriation of funds for a 3/4 ton pick-up truck from Star Pontiac-GMC, Inc. of Leesburg, Virginia for an amount of $10,706.31; and WHEREAS, the truck was not delivered and accepted by the town prior to June 30, 1985 but was received on September 10, 1985; and WHEREAS, outstanding encumbrances of the Utility Fund lapse at year end and must be reappropriated in the subsequent fiscal year. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: That funds are reappropriated in Account No 3120.700.900 in the amount of $10,706.00 for the procurement of- a -3/4 ton pick up truck. Aye: Councilmembers Bos, Hill Kelley, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mrs. Hill and seconded by Mr. Tolbert the following resolution was proposed and adopted: 85-172 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO SIGN AN AGREEMENT WITH YEONAS COMPANY RE OVERSIZING OF WATER LINE WHEREAS, The Leesburg Sewer and Water Master Plan shows a 16-inch water line along the extension of Janney Street in Leesburg Country Club Section 4 to provide a discharge line from the proposed Hogback Mountain Water Storage Tank; and WHEREAS, the YeonasCompanyis now developing subdivided lots and needs to extend an eight-inch water line along Janney Street; and WHEREAS, the Yeonas Company has agreed to construct the oversized water line if the Town reimburses Yeonas for the cost differential; and WHEREAS,. the Director of Engineering has certified that thecost estimates submitted were accurate: NOW, THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is authorized to sign a contract with the Yeonas Company in a form approved by the Town Attorney providing for a $29,700 payment upon the completion of a 16-inch water line along Janney Street to the satisfaction of the Director of Engineering. Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None SEP25.7 43 MINUTES OF THE SEPTEMBER 25, 1985 MEETING On a motion by Mrs. Hill and seconded by Mr. Tolbert, the following ordinance was proposed and adopted after discussion and amendment proposed by Mr. Bos, seconded by Mrs. Hill to add information regarding the number of units to Section I of this ordinance. The- amendment was adopted by a vote, of 4 to 2, with the ordinance, as amended, being adopted by a vote of 4 to 2: 85-0-23 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP WHEREAS, rezoning application $ZM-60 by Linden Hill Development Corporation was submitted on February 6, 1985; and WHEREAS, the Planning Commission held a public hearing on this rezoning request on April 14, 1985; and WHEREAS, the Planning Commission recommended to the Council denial of the rezoning request on May 2, 1985; and /'T1 WHEREAS, the application was amended by a proffer statement and site Pel plan dated June. 9, 1985 and signed by the applicant; and N N WHEREAS, it is determined that the public necessity, convenience, wgeneral welfare and good zoning practice are served by an amendment to the M zoning map: Q THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Linden Hill Concept Plan/Preliminary Development Plan, as amended for a maximum of 61 single-family condominium units plus one single family residential and one club unit in the existing house, is approved and the Leesburg Zoning Map is revised to change from i County R-1 to PRN, 10.3367 acres of land located generally on the west side of South King Street (Route 15) and bounded by the Leesburg Country Club Subdivision on the north and west and land of Allman, Trustee, on the south, subject to the following conditions prrfferred by the applicant in accordance with the provisions of Section 11-8-4 of the Leesburg Zoning Ordinance. 1. Minimum Sales Price Per Unit. The applicant agrees to the minimum sales prices for the residential condominium units in the Commons at Linden Hill. Minimum Sales Prices 1-bedroom 988 sq. ft. $ 98,000 • 2-bedrooms 1866 sq. ft. $ 153,000 3-bedrooms 2168 sq. ft. $ 165,900 4-bedrooms 2840 sq. ft. $ 204,671 2. Setback from Route 15. The applicant agrees to a 70-foot building setback from Route 15, plus the construction of an eight- foot wood and brick barrier fence along the eastern property line. 3. Sidewalk and Frontage Improvements. The applicant-agrees to construct deceleration lane and a 4-foot paved walkway east of the barrier fence along the eastern property line. , i . 4. Buffer for Country Club Property Line. The applicant agrees to construct an eight-foot solid wood barrier fence along the northern property line adjacent to developed lots and to maintain a minimum 15-foot building setback from these lots. SECTION II. This ordinance shall be in effect upon its passage. Aye: Councilmembers Bos, Hill, Kelley and Tolbert Nay: Mayor Sevila and Councilmember Williams SEP25.8 44 MINUTES OF THE SEPTEMBER 25, 1985 MEETING On a motion by Mr. Williams and seconded by Mrs. Hill the following resolution was proposed and unanimously adopted: 85-173 - RESOLUTION - MAKING AN APPROPRIATION FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF DRY MILL ROAD AND CATOCTIN CIRCLE WHEREAS, the Town of Leesburg is a party to a contract with the County School Board of Loudoun County which requires the town to install a traffic control signal at the intersection' of Dry Mill Road and Catoctin Circle within six months of the opening of Catoctin Circle (west) ; and WHEREAS, the County School Board of Loudoun County has by unanimous motion requested the Council to perform this contractual : requirement nothwithstanding the failure of the intersection to meet the traffic warrants of the Manual of Uniform Traffic Control Devices in use in the Commonwealth of Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager shall contract on behalf of the town with a traffic engineer to design an appropriate traffic signal for the intersection of Dry Mill Road and Catoctin Circle and shall solicit bids for the device based on the design prepared by the consulting tiaffic engineer. I SECTION II. An appropriation is made to the General Fund, Account No. 4102.7002, Traffic Signals, in, the amount of $60,000 forfiscal year ending June 30, 1986. Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor i Sevila Nay: None On a motion by Mrs. Hill and seconded by Mr. Bos it was decided that item 10(i) , A Resolution Authorizing an Agreement; Approving a Cash Performance Bond for Installation ofPublio Iinproveients and Appidving / Water and Sewer Extensions for the KRB Office Warehouse Project, be rdeferred to a future meeting. / AyCouncilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None \\\\` NEW BUSINESS On a motion by Mr. Williams and seconded by Mrs. Hill the following resolution was proposed and adopted: 85-174 - RESOLUTION - APPOINTING A SET-OFF DEBT COORDINATOR RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is authorized and directed to appoint Marilynn B. Cushman as Set-Off Debt Coordinator under the Set-Off Debt :Colledtion Act, Section 58-19.6 through 58-19.21 of the Code of Virginia (1950), as amended, for as long as the Town of Leesburg is a participant in the set-off debt collection program. Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None SEP25.9 -45 MINUTES OF THE SEPTEMBER 25, 1985 MEETING On a motion of Mr. Bos, seconded by Mr. Kelley, Council voted unanimously to go into executive session, in accordance with Section 2.1- 344(a)(6) of the Code of Virginia of 1950, as amended, to discuss potential litigation and Section 2.1-344(a)(1) of the Code of Virginia of 1950, as amended to discuss personnel matters with the Council and town staff present. Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None Council reconvened at 11:12 p.m. with no action taken. Mayor Sevila stated that there was some informal discussion between the executive session and the regular meeting regarding proffer statements and the entire proffer process. The motion was made and duly seconded to adjourn the meeting at this VJ time. N N W Q Mayor r/ . 6w,^/ Clerk .r Council ri 1 . SEP25.10