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HomeMy Public PortalAbout1986_03_12 162 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 12, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on March 12, 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 Town Manager, Jeffrey Minor. Present were Mayor Robert E. Sevila, Councilmembers Charles Bos, Arl Curry, Marylou Hill, John Tolbert, Jr. , and Charles Williams. Councilmember Brian Kelley was absent. Staff members present were Town Manager, Jeffrey Minor; Assistant Town Manager, Steve Owen; and Director•of Planning, Zoning and Development, Martha Mason-Semmes. On a motion by Charles Williams and seconded by Marylou Hill it was recom- mended that the minutes of the September 11, 1985 meeting be approved as sub- mitted. Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila Nay: None PETITIONERS Alton Echols came forward regarding Leesburg Gateway. In referring to the Leesburg Subdivision Ordinance, Sections 13-73 and 13-78, he felt that this was passed incorrectly, according to his legal counsel. This pertained to roadways and transportation patterns. His suggestion was to delete Davis Avenue extended and not only save money for the town, but allow this development to maintain a different flavor from that of roadside development. The fact that the town' s ordinance states that certain roadways must be connected in some plans and this is ignored in- others is. not legally sound. The eight acres which are to be donated to the YMCA will be rendered useless if a road must pass through them. Mr. Echols asked that restitutionbe made to those persons who have been hurt by the effects of this ordinance. Jeff Rainey, a representative from Silver Oaks, presented a petition to- have ohave immediately removed the explosives that are housed adjacent to the Silver Oaks development. There is a storage facility a mile and a half away that is designed for storage of explosives and this is where they belong. Jeff Minor reported on this situation. Tom Rio had been in contact with the Fire Marshal's office and the explosive storage is in compliance with all regulations governing it. Mr. Rainey commented that Fairfax does not allow any overnight storage of explosives, they are used that day and removed at the end of the day. This will be researched further and an answer provided to Mr. Rainey. PUBLIC HEARING ON REZONING APPLICATION ZM-63 AND ZM-70 BY BRUCE M. BROWNELL The staff report on these rezonings was presented by Martha Mason-Semmes. She identified the two parcels on Route 643 south of the Bypass and north of Route 654. ZM-63 is approximately 14 acres in size and rezoning is required for 8 acres of commercial use and six acres for townhouse use. The Planning Commission approved this rezoning and recommended that the Council consider revision to the Town Plan to show an office limited commercial center at the intersection of Routes 654 and 643. Proffers include profferring out unde- sirable uses in the PD-CH district including auto sales and services uses, limi- tations on commercial square footage not to exceed 82,000 square feet, limitation on access to the tract with only one access point from each road, the townhouse development would have access through the single family development, right of way dedication would be made along Routes 654 and 643 and the-applicant would agree to pay a pro rata share for future transportation improvements. Also, the applicant agreed for both rezonings to participate in the Route 643 waterline agreement, and that development would be subject to protective cove- nants which would involve architectural design and landscaping. The second application is proposed for rezoning from CountyR-1 and A-3 to County R-2. This permits single family homes on 20,000 square foot lots. Ninety lots are proposed to be served by a private street network. Planning Commission recom- mended approval of this application, with proffers for right of way dedication, road improvements, protection of steep slopes and mature trees, and areas of flood plain for recreational use. Staff is reviewing issues regarding these rezonings. MAR12. 1 MINUTES OF THE MARCH 12, 1986 MEETING .163 Beckham Dickerson of Kamstra, Dickerson Associates and a representative for Mr. Brownell gave his presentation for the proposed rezonings. ZM-63 consists of 14.9 acres, 6.5 being residential and 8.4 being PD-CH. Additional infor- mation concerning the commercial area was given. A marketing effort for this was prepared and included the following points: the commercial demand is for approximately 71 ,540 square feet adding to that the industrial demand - 19,041 square feet, which would only be during lunch hour for convenience purchases, there would be a total commercial and industrial demand of 91 ,021 s. f. The impact of traffic on the inadequate roads was not included. Several alter- natives to the road system are available, and will be carefully consideredfor both developments. Mr. Bos asked if the VDH&T traffic counts had been reviewed by. other engineers. Mr. Dickerson said yes, they had been reviewed further. A figure of roughly 96,000 trips per day for this area is projected. Traffic patterns will change with road configurations proposed for the area. Mayor Sevila asked if the rezoning was in conformance with the town plan which is presently under consideration. Mr. Dickersonreplied that the town plan does not investigate particular size of commercial/industrial development N for this area but that he feels the plan as submitted does conform with what has N been addressed. - .Mr. Echols understood that a traffic study was neither requested nor pre- Q pared for this rezoning, yet for his particular rezoning in41979 it was required. Staff should refer to the Dickerson Town Plan for this particular area. Mayor Sevila interjected that staff only presented the proposal and had not made any decisions in response to Mr. Echol 's allegation that staff was treating various applicants differently. Mr. Echols went on to say that the proposed rezoning for this development was entirelydifferent from what was pro- posed for the area in the town plan. At this time the public hearing on ZM-63 and ZM-70 was closed and referred to Council for comments. On a motion by Mrs. Hill and seconded by Mr. Williams it was recommended that ZM-63 and ZM-70 be referred to the Finance and Administration Committee for 1 further consideration. 1 Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Bos made some general comments on the activity report in regard to the visibility of the Police Department. Also he commended the street crews for the excellent job they were doing in keeping the streets clean after the bad weather we have been experiencing. Mr. Curry gave his, report on the Planning Commission meetingof last Thursday, March 6. They had two public hearings, the first was on ZM-74, Poretsky, a tract west of the new motel on Route 7. Dennis Kamber spoke for the developer and no one spoke either for or against the rezoning. The second public hearing was on the Capital Improvement Program. Jeff Minor made a pre- sentation on this. This was brought before the Planning Commission to make sure it met the general outline of the proposed town plan. Planning Commission recommended this be referred on to the Town Council. A preliminary plat for Leesburg Terrace, a 56-acre tract on the north boundary of Ft. Evans Road for development of 112 townhouses and 656 apartments and condominiums was approved. A plat for Sycolin Road Industrial Park was approved. Rezoning. of Plaza Condominiums was approved. MAR12.2 1"4 _NUTES OF THE MARCH 12, 1986 MEETING Mr. Tolbert announced that the Airport Commission will be meeting tomorrow evening at 7:30 p.m. Mayor Sevila announced that the United Way had just had its victory cam- paign after another successful year and commended the citizens who either contributed monetarily or through their volunteer efforts to make this possible. This is the week of the hospital follies and he urged everyone to support this very worthwhile cause. MANAGER'S REPORT Mr. Minor mentioned the allegations made earlier in the evening by Mr. Echols concerning the conduct of the planning staff in considering development applications. - He stated that the staff does make recommendations regarding pro- posed developments. Staff had made the recommendation that ZM-63 as presented should not be approved. Mrs. Semmes has been the leading advocate in assuring that the transportation issues of this particular rezoning be addressed. Several meetings have been scheduledregarding this issue. One difference in this application and that of Mr. Echols in 1979 is that this applicant has prof- fered road improvements, and has proffered a pro rata share of costs. Mr.• Echols application did not proffer anything for road improvements. The Certification Program stated that they will be rescoring our applica- tion. Several inquiries were made by them and they have received additional information for this certification program. The Town has received formal approval from the EPA that it will' receive the additional $505,414 for the sewage treatment plant grant. The Closeout documents for the CDBG grant are finalized. Private First Class Ebersole and Flemming received the Kiwanis Award for Policemen of the Year. , LEGISLATION On a motion by Mrs. Hill, . seconded by Mr. Tolbert,: the following ordinance and resolutions were proposed and unanimously adopted as consent items: 86-0-17 - ORDINANCE - AMENDING THE LEASE AND DEVELOPMENT AGREEMENT WITH MARKET SQUARE ASSOCIATES, INC. WHEREAS, the Council by Ordinance No. 83-0-30 authorized a Deed of Lease and Development Agreement between the Town of Leesburg and Market Square Associates, Inc. , dated October 13, 1983; and WHEREAS, Market Square Associates, Inc. has completed construction of a retail commercial and office facility in accordance with said agreement; and' WHEREAS, permanent financing for this facility is jeopardized by certain provisions contained in Paragraph 18 of the Lease and Development Agreement which refer to bilateral authority of landlord and tenant to terminate the aforementioned lease if more than 25% of the net leasable floor area of the improvements on the premises are rendered untenable; and WHEREAS, these provisions are unreasonable and not necessary to protect the interests of the. Town of Leesburg; and WHEREAS, the Deputy Town Attorney has prepared substitute language for Paragraph 18 which the Council has concluded is in the public interest: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Deed of Lease and Development Agreement between the Town of Leesburg and Market Square Associates, Inc. dated October 13, 1983, is amended to incorporate language approved by the deputy townattorneyand in the form transmitted with a memorandum to the Mayor and Council dated February 28, 1986. MAR12.3 1 MINUTES OF THE MARCH 12, 1986 MEETING 165 SECTION II. The manager is authorized and directed to execute the afore- mentioned amendment on behalf of the town. SECTION III. This amendment shall not impair or .alter any other provision of the Lease and Development Agreement between the Town of Leesburg and Market Square Associates, Inc. dated October 13, 1983, .and all prior .ordinances and resolutions in conflict herewith are hereby repealed. SECTION IV. This ordinance shall be effective upon submission by Market Square Associates, Inc. of a certified copy of a resolution by the Board of, Directors of Market Square Associates, Inc. authorizing and designating such officer or officers empowered. to execute the Lease and Development Agreement amendment. 86-42 - RESOLUTION - AUTHORIZING A REVISED MANAGEMENT AGREEMENT AND APPROVING REVISED RULES AND REGULATIONS FOR THE OPERATION OF A LEESBURG FARMERS' MARKET , CD . WHEREAS, this Council authorized an agreement with Market Square Associates, Inc. to manage the Leesburg farmers' market and adopted rules and N regulations for the operation of the market by Resolution No. 86-23; and N w WHEREAS, certain farmers' market producers requested revisions to the mana- m gement agreement and farmers ' market regulations; and Q WHEREAS, the Council appointed an ad hoc committee to meet with. represent- atives of the producers and Market Square Associates, Inc. to develop a revised management agreement and revised farmers' market regulations; -and . . - . WHEREAS, these revisions have been prepared and endorsed by Market Square Associates, Inc. and the farmers' market representatives: . I 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 revised management agreement in the general form as transmitted to the Council by memorandum .dated February 28, 1986, which said agreement delega- tes 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 as transmitted in a memorandum to the Mayor and Council on February 28, 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. . 86-43 - RESOLUTION - AUTHORIZING A PERMIT FOR THE LOUDOUN MEMORIAL HOSPITAL 10 MILE MARATHON RESOLVED by the Council of the Town of Leesburg in Virginia as follows: I SECTION I. The manager is authorized to issue a permit under Section 10-13 I of the Town Code to the Loudoun Memorial Hospital for a ,runner ' s marathon to be conducted Saturday, May 10, 1986, and is further authorized to close Loudoun, Ayr, West Market, Liberty, Wirt and Cornwall, Old Waterford Road, West North, Ayrlee, West Catoctin Circle, Childrens Center Road, Dry Mill, Lee Avenue, Davis Avenue and other streets as necessary for the event. • . SECTION II. The permit may contain reasonable and appropriate conditions as II determined necessary. by the manager and, shall require the town to be named as an additional insured under a $1,000,000 public liability insurance policy secured by the Loudoun Memorial Hospital. MAR12.4 166 MINUTES OF THE MARCH 12, 1986 MEETING 86-44 - RESOLUTION - AUTHORIZING A LEASE WITH THE U.S. DEPARTMENT OF TRANSPOR- TATION AND FEDERAL AVIATION ADMINISTRATION FOR THE CONS- TRUCTION OF AN AUTOMATED WEATHER OBSERVATION SYSTEM AT LEESBURG MUNICIPAL AIRPORT WHEREAS, the Leesburg Airport Commission and the airport's managing agent, James Haynes, President of Janelle Aviation, negotiated with the Virginia Department of Aviation and the Federal Aviation Administration for the instal- lation of an automated weather observation system (AWOS) at Leesburg Municipal Airport; and _ WHEREAS, these negotiations are now concluded and the Federal Aviation Administration has agreed to install an AWOS at Leesburg Municipal. Airport at no cost to the town; and WHEREAS, construction of this facility will require a lease with the Federal Aviation Administration; and WHEREAS, an AWOS will enhance air safety at Leesburg Municipal Airport by providing real time voice synthesized information by a telephone or radio: ' THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute, on behalf of the town, the lease between the U.S. Department of Transportation Federal Aviation Administration and the Town of Leesburg in the form as transmitted to the Council by memorandum dated February 28, 1986, which said agreement authorizes the installation and operation of an AWOS at Leesburg Municipal Airport. Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mr. Williams and seconded by Mr. Tolbert the proposed reso- lution revising the Comprehensive Plan for the Town of Leesburg was referred back to the Finance and Administration Committee for further consideration. Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila Nay: None 86-45 - RESOLUTION - AUTHORIZING A REQUEST FOR BIDS FOR 1986 STREET RESURFACING On a motion by Mr. Tolbert.and seconded_by Mr. Williams, the following'" resolution was proposed and unanimously adopted: WHEREAS, this Council has reviewed and approved the street resurfacing program submitted by the Director of Engineering and Public Works: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to have prepared a request for bids to include the resurfacing of streets in the Town of Leesburg as follows: A. An S-5 asphaltic concrete overlay for the following streets: • 1 . Route 15 by-pass on north side of Route 7 interchange for .4 miles and on and off ramps; 2. Dry Mill Road at Catoctin Circle (200 feet of east bound lane of Dry Mill Road on west side of intersection); MAR12.5 MINUTES OF THE MARCH 12, 1986 MEETING 167 3. Ayr Street from West Market to Cornwall Street; 4. West Market Street from west wye to Fairview Street; 5. North Street from North King Street to Wirt Street; 6. Mayfair Drive from Edwards Ferry Road to terminus; 7. Alley between Fairview Street and Pershing •Street; • • •8: Clubhouse Drive at locations to be determined by the. - Director of Engineering and Public Works: B. An I-2 asphaltic concrete overlay for the following streets: 1 . Long Lane for a distance of .2 miles between Evergreen Mill Road and Sycolin Road; 2. Masons Lane between South King Street and Evergreen Mill• Road. N SECTION II. Bid documents prepared for the resurfacing program shall N require overlay of projects numbered A-1 , A-2, A-3, and A-8 prior to July 1, W 1986. The remaining projects shall be started after July 1, 1986 and completed m by August 30, 1986, in order to ensure that sufficient road maintenance expen- ditures are made in FY-87 to permit full reimbursement of VDH&T highway main- tenance payments in that year. Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila Nay: None I86-46 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 7 TO R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT On a motion by Mr. Hill and seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc. ; and WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the Council of the Town of Leesburg provides: "The Council at its option will require prior approval of all requisitions for payment under this contract"; and WHEREAS, the contractor has submitted Payment Request No. 7 on February 27, 1986 and Camp, Dresser and McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering has recommended payment of Payment Request No. 7 in the amount of $108,845.00: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $108,845.00 ($114,574.00 less 5% retainage) shall be made to R.F. Kline, Inc. for Payment Request No. 7 for the Wastewater Treat- ment Plant Expansion Project. Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila Nay: None MAR12.6 • 168 MINUTES OF THE MARCH 12, 1986 MEETING i NEW BUSINESS 86-47 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING ON THE CAPITAL IMPROVEMENTS PROGRAM FOR FY 1987-1992 On a motion by Mrs. Hill and seconded by Mr. Williams, the following reso- lution 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 the 1987-1992 Capital Improvements Program for the Town of Leesburg shall be published in. the Loudoun Times-Mirror on March 20, 1986 for public hearing on March 26, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mr. Williams and seconded .by Mr. Tolbert, the meeting was adjourned at 9:00 p.m. Mayor Zge-e-Dif /1; I Clerk of ouncil I 1 MAR12.7