HomeMy Public PortalAbout1986_01_22 115
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL JANUARY 22, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on January 22, 1986
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 Paul York. Present were Mayor Robert E. Sevila, Councilmembers
Charles A. Bos, Arl Curry, Brian T. Kelley, John W. Tolbert and Charles
Williams; also Town Manager, Jeffrey Minor, Assistant Town Manager,
Steve Owen, Director of Planning, Zoning and Development, Martha
Mason-Semmes, Director of Engineering, Tom Mason, Director of Finance,
Paul York, Town Attorney, George Martin and Deputy Town Attorney, Debbie
Welsh. Absent from the meeting was Councilmember Marylou Hill.
On a motion by Mr. Tolbert and seconded by Charles Williams it
was recommended that the minutes of the July 10, 1986 meeting be approved
as submitted.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
Mr. Bos reported on the Board of Architectural Review meeting.
Discussed were proposed changes to the Methodist Church and also a property
on 'south King Street . Action will be taken at next month's meeting.
He also made a comment on a "letter to the Editor" written by a tourist
who appreciated the appearance of the community and urged it be maintained
as it is.
Mr. Curry attended the Planning Commission meeting last Thursday.
A final plat for South Haven Subdivision was approved, a final develop-
ment plan was approved for Catoctin Circle Industrial Park, Lot 4A and
another for the Loudoun County Sanitation Authority in Leesburg Gateway.
Approval was recommended for rezoning ZM-66 (Potomac Crossing) and ZM
63 (Brownell Ft. Beauregard) .
Mayor Sevila commented on the clearcutting on Ft . Evans Road and
how it drastically changed the aesthetic appearance. It was suggested
that perhaps something be done to prevent this type of activity in the
future. The remodeling on the Anna Hedrick Building is a true asset
to the town. The manager pointed out that ten employees will be receiving
performance bonuses. -The following proclamation was then read:
WHEREAS, career civil servants of the United States
Government have enriched the lives of all Americans by their
contributions to the security, safety, health and welfare of
the Nation; and
WHEREAS, Federal retirees did not leave their skills
behind, but now serve their communities in numerous beneficial
ways; and
WHEREAS, the Federal government was a pace-setter in
establishing a good retirement plan for its employees in 1920;
and
WHEREAS, the National Association of Retired Federal Employees
was chartered on February 19, 1921, to preserve and protect the
benefits of Federal retireees and has done so for the past
sixty-five years:
NOW, THEREFORE, I, Robert E. Sevila, Mayor of the Town of
Leesburg in Virginia do hereby proclaim February 1986 as the
SIXTY FIFTH ANNIVERSARY OF NARFE in the Town of Leesburg, and
I urge all citizens to join me in this observance.
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MINUTES OF THE JANUARY 22, 1986 MEETING
MANAGER'S REPORT
Mr. Minor made a correction to the Activity Report regarding the
number of employees receiving performance bonuses. The number should
read eighteen, not ten. The names of the employees were read as follows:
Marilynn Cushman, Terry Frye, Bob Lilly, Tom Rio, Lewis Prather, Raymond
Walter, Melvin Lucas, Richard Ramaley, Nelson Downs, Tom Poupard, Mark
Nelis, Ken Fleming, Scott Ebersole, David Peach, Steve Cawthron, Larry
Taylor, Robert Embrey and Mike Barry. A luncheon to honor these employees
will be held next week.
The second annual police report has been submitted by Chief Kidwell
and is available this evening. It includes data on incidents that occurred
over the past year.
The CIP and Budget dates are included in the Activity Report.
The town completed two days of work with the Corps of Engineers in monitoring
the EPA grant. There were some recommendations which will be implemented.
LEGISLATION
On a motion by Mr. Kelley and seconded by Mr. Tolbert the following
resolutions were unanimously adopted as consent items:
86-13 - RESOLUTION - AUTHORIZING A ONE YEAR AGREEMENT WITH NORMAN PEARSON
FOR THE LEASE OF THE IDA LEE PARK AND FARMHOUSE
WHEREAS, the town received in December of 1985 by Deed of Gift
68 acres of a larger tract to be developed in the future as a public
park; and
WHEREAS, the Pearson family has maintained and farmed the Ida Lee
Park property for many years under a sharecropping arrangement with
Mr. and Mrs . William Rust; and
WHEREAS, a continued one-year lease of this property to the Pearson's
will not interfere or impede with planning and development of the Ida
Lee Park; and
WHEREAS, this lease agreement will ensure the proper maintenance
of the Ida Lee parkland and providesecurityfor the land and farmhouse:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized and directed to execute a one-year lease
agreement, on behalf of the town, in a form approved by the town attorney
to include the terms, rent and conditions set forth in a memorandum
to the Mayor and Council dated January 10, 1986.
86-14 - RESOLUTION - SUPPORTING AN.'- AMENDMENT TO SECTIONS 33. 1 - 23.02
AND 33. 1 - 41. 1 OF THE CODE OF VIRGINIA PERTAINING
TO HIGHWAY MAINTENANCE PAYMENTS
WHEREAS, cities and certain towns in Virginia receive payments
from the State Highway and Transportation Commissioner for highway mainten-
ance; and
WHEREAS, Sections 33.1 - 23.02 and 33. 1 - 41. 1 of the Code of Virginia
set out the requirements for receiving maintenance payments; and
WHEREAS, Council is concerned that the Virginia Department of Highways
and Transportation is unduly restrictive in its interpretation of these
sections of the Code as preventive maintenance is now precluded from
the reimbursement program•.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A Bill to amend Sections 33. 1 - 23.02 and 33. 1 - 41. 1
of the Code of Virginia to alter procedures for receipt of highway maintenance
payments for cities and certain towns so that preventive maintenance
would be eligible for reimbursement funds has the full support of Council.
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MINUTES OF THE JANUARY 22, 1986 MEETING
SECTION II. The manager is directed to transmit copies of this
resolution to Senator Charles L. Waddell and Delegate Kenneth B. Rollins
for their consideration.
86-15 - RESOLUTION - APPROVING THE SOUTH HARRISON STREET COMMUNITY IMPROVEMENT
GRANT PLAN FOR USE OF PROGRAM INCOME
WHEREAS, the South Harrison Street Redevelopment Project will generate
program income that must be used for economic development objectives;
and
WHEREAS, the Commonwealth of Virginia Department of Housing and
Community Development requires that Council approve a plan for the use
of program income:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Plan for the Use of Program Income, transmitted to Council
on January 10, 1986, is hereby approved.
86-16 - RESOLUTION - GRANTING VILLAGE SQUARE ANTIQUES PERMISSION TO
HOLD ANTIQUE SHOWS IN LEESBURG ON SUNDAY, JUNE
22 AND SUNDAY, OCTOBER 5, 1986, WITH RAIN DATES
OF SUNDAY, JULY 6, AND SUNDAY, OCTOBER 12, 1986
IF NECESSARY
Ali RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Village Square Antiques is granted permission to hold
antique shows on the streets of Downtown Leesburg on Sunday, June 22,
1986 and Sunday, October 5, 1986, with rain dates of Sunday, July 6
and Sunday, October 12, 1986, if necessary, in the following locations:
King Street - West side from Market Street to Loudoun Street;
Loudoun Street - North side from King Street to Wirt Street;
Market Street - South side from King Street to Theater; and
Municipal Parking Lot - South of Town Offices
SECTION II. Ten percent of rental fees derived from said antique shows
shall be given to the Loudoun Restoration and Preservation Society, Inc.
SECTION III. Village Square Antiques shall show proof of liability
coverage in the amount of $500,000, with the Town of Leesburg named as additional
insured, said endorsement to be provided to the town one week prior to the
shows.
SECTION IV. Vendors ' license shall be waived for all exhibitors for the
above dates.
86-17 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
INSTALLATION OF PUBLIC IMPROVEMENTS FOR THE FOXRIDGE
SUBDIVISION
•
WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin and Titus,
and the town' s Director of Engineering have reviewed the public improvements
installed to date in the Foxridge Subdivision and certify that the value of
work performed is $153,930; and
WHEREAS, a $168,000 letter of credit from Capital Bank N.A. has been provided
by the developer and approved by Council to guarantee installation of public
improvements in the Foxridge Subdivision:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The letter of credit from Capital Bank N.A. originally in
the amount of $168,000 is reduced to $14,070.
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MINUTES OF THE JANUARY 22, 1986 MEETING
SECTION II. The Land Development Official shall notify the developer
that liability for letter of credit funds has been reduced as outlined in Section
I of this resolution, and that this reduction does not constitute acceptance
of public improvements by the town or relieve the developer of responsibilities
outlined in the contract for public improvements for the Foxridge Subdivision.
86-18 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF MARTIN H.
PORETSKY, TEE. FOR REVISION OF THE ZONING DISTRICT MAP
TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER
CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The application of Martin H. Poretsky, Tee. for revision of the zoning
district map, assigned No. ZM-74 to rezone 23.5 acres of land from County A-3
to County PD-IP, including as permitted uses commercial office buildings and
auxiliary uses as per Section 722.3.2 of the Loudoun County Zoning Ordinance
as adopted by the Town of Leesburg, January 1, 1984, is received and referred
to the Planning Commission for public hearing and recommendation under Chapter
11, Title 15. 1 of the Code of Virginia as amended.
86-19 - RESOLUTION - MAKING AN APPROPRIATION FOR EQUIPMENT IN CONNECTION
WITH THE CREATION OF THE POSITION OF CAPITAL PROJECTS
COORDINATOR
WHEREAS, this Council created the position of capital projects coordin-
ator; and
WHEREAS, furniture is required for establishment of appropriate office
space for this position:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
An appropriation is made to the General Fund, Account No. 3401.700.020.200
Office Equipment, in the amount of $550 for the fiscal year ending June 30,
1986.
86-20 - RESOLUTION - MAKING AN APPROPRIATION FOR THE OVERSIZING OF A SIXTEEN-
INCH WATERLINE IN LEESBURG COUNTRY CLUB, SECTION IV
WHEREAS, Council Resolution No. 85-172 authorized an agreement between
the town and the Yeonas Company which called for payment of $29,700 to the
Yeonas Company in exchange for the construction of a 16-inch waterline along
the extension of Janney Street in Leesburg Country Club, Section IV to provide
a discharge line from the proposed Hogback Mountain water storage tank; and
WHEREAS, construction of the oversized line is now complete and an appropriation
is required:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
An appropriation is made to the Utility Fund, Account No. 3120.700.
090.300, Equipment, in the amount of $29,700 for the fiscal year ending June
30, 1986.
86-21 - RESOLUTION - MAKING AN APPROPRIATION FOR AN ALIGNMENT PLAN FOR EAST
MARKET STREET
WHEREAS, the future right-of-way and road requirements for East Market
Street need to be established; and
WHEREAS, there are presently no detailed final plans indicating the roadway
and right-of-way widths needed for East Market Street west of Catoctin Circle;
and
WHEREAS, the Planning Commission has requested and the Department of
Engineering has recommended that an alignment plan be prepared.
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MINUTES OF THE JANUARY 22, 1986 MEETING
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
An appropriation is made to General Fund Account No. 200.3401.300.010,
Contractual Services , in the amount of $7500 for the preparation of an alignment
plan for East Market Street for the fiscal year ending June 30, 1986.
I Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
86-0-4 - ORDINANCE - AMENDING THE ZONING MAP FOR REZONING APPLICATION
#ZM-65 BY R. MARSHALL MOIST
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
ordinance was proposed and adopted by a vote of 5 to 1 after some discussion:
WHEREAS, Rezoning Application #ZM-65 by R. Marshall Moist to rezone from
Town R-2 to Town R-3 ten acres of land located on the north side of Ft. Evans
Road was referred by this Council to the Planning Commission on August 14,
1985; and
WHEREAS, the Planning Commission held a public hearing on this application
on October 3, 1985; and
WHEREAS, the Planning Commission recommended to Council denial of this
application on October 17, 1985, based on the incompatibility of the proposed
town house use with adjacent single-family and duplex residences; and
WHEREAS, the applicant submitted voluntary proffers on December 6, 1985,
designed to address some of the concerns of the Planning Commission and residents
of the area; and
I
WHEREAS, this Council held a public hearing on the proposed rezoning on
December 11, 1985; and
WHEREAS, the applicant submitted revised proffered conditions on January
20, 1986, to address additional Council concerns, and such proffered conditions
will not increase the intensity of use originally proposed; and -
WHEREAS, the proposed rezoning is in conformance with the adopted Leesburg
Comprehensive Plan; and
WHEREAS, it is determined that the proposed amendment with the proffered
conditions is in the interest of public necessity, convenience, general welfare
and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning
District Map to change from Town R-2 to Town R-3 ten acres of land located
on the north side of Fort Evans Road, NE, bounded by the lands of Heritage
Village Limited Partnership on the north; the lands of Fischer, Hough and BTNB
Partnership and Fort Evans Road on the south; Cedar Walk Subdivision, Section
2, Lots 6-17, and the property of Rowland on the west; and the lands of Leesburg
Joint Venture on the east, in accordance with a plat prepared by Chamberlin-
Wolford Associates, dated July 1985, subject to the following proffered
conditions submitted in accordance with Section 15. 1-491.2 of the Code of
Virginia, as amended:
(1) The Subdivision plat for this tract shall include dedication of
an additional five feet of right-of-way and construction of full
frontage improvements including curb, gutter and sidewalk along
Ft . Evans Road; and
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MINUTES OF THE JANUARY 22, 1986 MEETING
(2) The subdivision plat for this tract shall provide adequate
screening and buffering of the Hough and Fischer properties
located along Fort Evans Road to the south. Screening shall
consist of a solid wood fence to be constructed around the
north, east and west of the Hough property and the north
and west of the Fischer property. The buffer shall include
the planting of six-foot high white pines spaced 25 feet on
center around the Hough and Fischer properties and adjacent to
the Cedar Walk Subdivision; and
(3) The owner agrees not to construct one bedroom units as part of
this development; and
(4) Development of this project shall occur substantially in con-
. formance with the concept plan dated January 2, 1986, by Burke
Smith and Associates as determined by the town; and
(5) The minimum initial sales price for dwellings within this project
shall be $75,000.00; and
(6) The owner shall establish a $4,000.00 recreational facilities
fund for the benefit of the Homeowners ' Association.
SECTION II. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: Councilmember Curry
86-22 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH PETER BURNETT FOR
THE CONSTRUCTION -OF -A PEDESTRIAN BRIDGE ACROSS THE
TOWN BRANCH STORM DRAINAGE CHANNEL
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
resolution was proposed and adopted by a vote of 5 to 1:
WHEREAS, the Leesburg Town Council adopted Resolution No. 86-9 which author-
ized an agreement in principal with Peter Burnett for the construction of a
pedestrian bridge across the Town Branch storm drainage channel; and
WHEREAS, this Council has determined that the proposed bridge will
enhance pedestrian circulation and facilitate further economic development
adjacent to the South Harrison Street revitalization corridor.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is directed to execute, on behalf of the town, an agreement
with Peter C. and Diana B. Burnett which will generally conform to the draft
agreement contained in a memorandum to the Council dated Janaury 17, 1986,
in a final form approved by the town attorney.
Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: Councilmember Curry
86-23 - RESOLUTION - AUTHORIZING A MANAGEMENT AGREEMENT AND APPROVING RULES
AND REGULATIONS FOR THE OPERATION OF THE LEESBURG
FARMERS' MARKET
On a motion by Mr. Tolbert and seconded by Mr. Williams, the following
resolution was proposed and unanimously adopted:
WHEREAS, Market Square Associates has constructed a farmers ' market
as part of the town' s community development block grant funded South Harrison
Street redevelopment and revitalization project; and
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MINUTES OF THE JANUARY 22, 1986 MEETING
I WHEREAS, the agreement between the town and Market Square Associates dated
October 13, 1983, leases the farmers ' market to the Town of Leesburg for
nominal annual rent of $1.00 per year; and
WHEREAS, this Council desires to effectively manage and operate the market
to serve the public interest and to ensure that quality produce and products
are available; and
WHEREAS, Market Square Associates, as developers and operators of the
Market Station Development possess the expertise and resources to manage
effectively the farmers' market on behalf of the town; and
WHEREAS, the effective operation of the farmers ' market requires the
development of appropriate rules and regulations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to execute, on behalf
of the town, the management agreement in the general form as transmitted to
the Council by memorandum dated January 17, 1986, and in a final form approved
by the town attorney which said agreement delegates authority to Market Square
Associates, Inc. to manage the farmers ' market on the town's behalf.
SECTION II. The terms of agreement , application form and agreement form
transmitted in a memorandum to Mayor and Council on January 17, 1986, are approved
and shall represent the terms and producers agreement for the rental of stalls
at the Leesburg farmers ' market for the producers season of June 1, 1986
through September 15, 1986.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
111 NEW BUSINESS
86-24 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING
ON REZONING #ZM-66 BY BEUS, N.V.
•
On a motion by Mr. Williams and seconded by Mr. Bos , the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider Rezoning #ZM-66 by Beus, N.V. to
have rezoned from County R-1 to PRC, 475. 19 acres of land located on the east
side of the Leesburg (Route 15) Bypass , bounded by Balls Bluff Road and the
� lands of O'Connor, Callaghan, Hoopaw and Culbertson on the north; the lands
of Carr and Shrump on the south; Route 15 Bypass on the west and the Potomac
River on the east shall be published in the Loudoun Times-Mirror on February
6, 1986 and February 13, 1986 for public hearing on February 26, 1986, at .
7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
On motion of Charles Williams, seconded by Brian Kelley, Council voted
to unanimously go into executive session to discuss personnel and legal matters.
Section 2. 1-344 (1) and (6) of the 1950 Code of Virginia, as amended (Freedom
of Information Act) permits the Council to discuss such matters in executive
session. The following staff are requested to participate in the meeting:
Assistant Town Manager, Steve Owen, Director of Finance, Paul York, Town
Attorney, George Martin and Deputy Town Attorney, Debbie Welsh.
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MINUTES OF THE JANUARY 22, 1986 MEETING
Aye: Councilmembers Bos , Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
The meeting was called back to order by Mayor Sevila following the exec-
utive session. Council considered only those matters that were contained in
the motion to adjourn to executive session and took no action on any of them.
On a motion by Mr. Tolbert and seconded by Mr. Williams the meeting was
adjourned at 10: 10 p.m.
Mayor
Clerk of Council
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