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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. 116 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. 117 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. 118 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. 119 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 120 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 121 • 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. 122 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 1