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HomeMy Public PortalAbout1986_08_13 295 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 13, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers,_,10 Loudoun Street, SW, Leesburg, Virginia on August 13, 1986 at 7:30 p.m.-:The meeting was called ,to order by the Mayor with the invocation given by.-,Mr.-Tolbert, followed by the Salute to the Flag led by Council- member, Charles Williams. Present wera Mayor Robert E. Sevila, Council- 7members: Charles Bos, Arl Curry, Brian Kelley, Jerry Pelkey, John Tolbert, Jr., and Charles Williams. Staff members present were Town Manager, : _JeffreycMinor, Director of Planning, Zoning and Development, Martha Mason- Semmes, Director of Engineering and Public Works, Tom Mason and Deputy Town Attorney,.cDeborah Welsh. - - On a motion by John Tolbert and seconded by Charles Williams, it was recommended that the minutes of the January 22, 1986 meeting be approved as submitted. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila _ Nay: None V/ PETITIONERS rCertificates of Appreciation were presented by the Mayor as W COfollows: "Certificate of Appreciation to Martha Lynch in appreciation for your Q contribution to the betterment of the Town of Leesburg, the Mayor and Town Council hereby award this certificate for four and one half years as a member of the Board of Architectural Review, 1981-1986." "Certificate of Appreciation to Teckla Cox in appreciation for your contribution to the betterment of the Town of Leesburg, the Mayor and Town Council1hereby .award this certificate for four years as-a member of the Board of Architectural Review, 1982-1986." "Certificate of Appreciation to Henry C. Stowers in appreciation for your contribution to the betterment of the Town of Leesburg, the Mayor and Town Council hereby award this certificate for two years, four months as a member of the Leesburg Town Planning Commission, 1984-1986." "Certificate of Appreciation to Lynnwood L. Lay in appreciation for your contribution to the betterment of the Town of Leesburg, the Mayor and Town Council hereby award this certificate for nineteen and one-half years as member and chairman of the Leesburg Planning Commission, 1967-1986." Mr. Bos commented on the dedication shown by Mrs. Lynch and Mrs. Cox on the Board of Architectural Review and said they will be missed. D_ Mr. Pelkey thanked Mr. Lay and Mr. Stowers for their work on the Planning Commission, as did Mr. Curry. Their dedication on this Commission will be missed. PUBLIC HEARING ON ZONING MAP AMENDMENT ZM-73 BY GEORGE A. AND SHERRY A. • WILSON — — — — — The staff report was given by_Martha Mason Semmes who explained that the rezoning request was for ten acres of land from County A-3 and County R-1 to Town R-1. Approval was recommended by the Planning Commission with conditions as follows: That the applicant -improve -Lawson Road to a 20-foot .. pavement section; that Lawson Road cul-de-sac in the vicinity of this development, and finally that no zoningpermit be issued until-water and sewer lines were provided to the site. Proffers were received. which include 16 lots, minimum 20,000 square feet each, dedication of half of a 50-foot;right of way on Lawson Road, dedication of one quarter acre of parkland and protection of steep slope and mature trees to the greatest extent possible. Changing the zoning from County to Town- R-1 basically permits more units per acre in density. 296 MINUTES OF THE AUGUST 13, 1986 MEETING John Niccolls of NOVA Potomac, representative of the Wilsons, presented some background on the land which he said contains both steep and gentle slopes. =In his opinion this will create a very unique development in Leesburg. The present zoning is inappropriate for this tract. The original plan called for 21 lots. 'The revised plan contains a minimum lot area of 20,000 'square feet, with the average being 24,400 square feet, this will assist-'in maintaining the aesthetics of the area. It was reduced to about 16 lots. Some further comments were made regarding the road system in this development and how it will tie in with surrounding future subdivisions. Mr. Curry asked whether the streets in the subdivision were to be public or private streets. Mr. Niccolis responded that streets are proposed as a combination of both, but could be modified. He went on to say that it was unclear whether the requirement regarding public sewer and water meant that it be bonded to be installed or whether it meant that sewer and water lines were required to physically be in place. Mr. Curry responded that they intended it to mean that these utilities be physically in place. Mr. Niccols said that the Council should bond this requirement. Following some further questions by Councilmembers regarding some of the issues presented by Mr. Niccolls, the public hearing was closed at this time since there were no further comments from members of the public. On a motion by Mr. Williams and seconded by Mr. Kelley it was recommended that rezoning ZM-73 be referred to the Finance and Administration Committee meeting of August 19, 1986 for further consider- 1 ation. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None PUBLIC HEARING ON REZONING ZM-76 BY A.C. ECHOLS AND J. LYNN CORNWELL Mr. Minor stated that some additional proffers had been received prior to the start of the meeting and that they had not yet been reviewed. He went on to say that this original application was to rezone 4.8 acres from R-3 to R-4 and'- 4:0 acres from R-3 to B-2. This is adjacent to the Gateway area, which is a very active area. Some issues of concern are the need for a proffered concept plan, density as it pertains to the town plan for apartment development within the town, the extension of Davis Avenue, and the pro-rata contribution for road- improvements. Terry Titus, representative for the applicants, explained that the rezoning request was for the purpose of developing the apartment complex. Following some background information, he asked for favorable consideration of this application and then introduced the following speaker: _Charles Ottinger, legal representative for the partnership, -explained the recent proffers. These include limiting multi-family development for somewhere else in the subdivision. Mr. Ottinger explained that the other areas are zoned 13-2, which requires special exception for multi-family development. Secondly proffer to'a concept plan for the property. The developer is proffering to the concept plan with appropriate rezoning requests. Staff:•recommendation is that R-4 zoning be applied for on both tracts. Extending Davis Avenue and paying pro-rata share for improvements. The developer intends to dedicate a six foot right of way to the town for purposes of extending Davis Avenue. Fred Kennedy, a real estate consultant retained by the applicant, spoke regarding'--the need for rental housing in the Leesburg area and the financial impact on this area. He stated that to allow the economic development of the area to progress as it should, that at least 11,000 rental units will be necessary in the Leesburg area. In order to attract the business sector to the area, there must be housing available. MINUTES OF THE AUGUST 13, 1986 MEETING 297 Brian Kelley brought up the point that 97% of the rental housing in Loudoun County is located in Leesburg and that this is of major concern. Robert Hart briefly addressed the zoning on the parcel in question. The site plan that has been put together is a good one and utilizes the terrain well. To realistically finance apartment units in today's market, they must have the ability to be converted to condominiums in the future. Consideration must be given to the way the town is going to grow to the south. The density in the area would be consistent with the other areas of development in the town. The development would be staged in two stages or more. He also requested that the Council favorably consider this rezoning. Fred Hetzel, of Hetzel Associates, was concerned about off-site improvements, mainly whether Sycolin Road was going to be closed off at the Bypass. The question about where the road will go will have the greatest impact as to how the remaining land in that area will be developed. The extension of Davis Avenue could potentially run through the middle of a T townhouse development if the rezoning is not approved. i 0) n I The public hearing was closed at this time and referred to Council for l^ 'V comment. CO On a motion by Mr. Williams and seconded by Mr. Tolbert, it was recommended that ZM-76 be referred to the Finance and Administration Q Committee for further consideration. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mr. Kelley and seconded by Mr. Bos, the Council took a five minute recess at this time. The meeting was reconvened by the Mayor. COUNCILMEMBER COMMENTS Mr. Bos reported on the Board of Architectural review meeting of last week. There were some changes in the Historic District Ordinance. He also mentioned the study on the Fort Evans traffic light has been very helpful. Mr. Williams attended a citizens day at Fort A.P. Hill. He was given the opportunity to review the Leesburg National Guard Unit. The Parks and Recreation Committee met on Tuesday and discussed a pilot survey that was sent to selected cross sections of citizens. The results of this survey will lay the groundwork for the town-wide survey that will go out later this month. Mr. Pelkey reported on the Airport Commission activity. This week is the 13th annual aviation conference being held at the Ramada Renaissance. Just this morning the Virginia Aviation Board approved the town's application for $120,650 for the state's share of the runway project. The Commission has prepared the RFP for the next phase of the airport project. On another note Mr. Pelkey received a complaint from a Country Club resident regarding construction noise and activity early in the morning and on weekends. Mr. Minor stated that he had responded to the resident and that this item was on the agenda for the next Utility and Public Works Commitee meeting. Mr.,-Kelley announced that on August 20 at 6:00 p.m. there will be a workshop session of the Economic Development Advisory Commission regarding the formation of a business group that would encompass all Leesburg businesses. 1 298 MINUTES OF THE AUGUST 13, 1986 MEETING Mr. Tolbert attended the Environmental Advisory Commission meeting. Letters are being sent to area residents and businesses asking that they maintain the weed problem on their property, if it has been determined that there is a problem. Mayor Sevila reported on the Cable Advisory Commission meeting. One item discussed was the continued coverage of the Council meetings. Following results from a recent survey, it loots as though they will be maintaining this coverage but will be looking to alternatives to cut costs. The Mayor went on to give tribute to those who put their time and effort into the recent Little League State Tournament. MANAGER'S REPORT Mr. Minor stated that the Activity Report received by Council this past Monday was lengthy and detailed and offered to answer any questions on this report. Mr. Bos asked about the awards to be presented at the Aviation Conference being held this week regarding who will be the recipients. LEGISLATION On a motion by Mr. Kelley and seconded by Mr. Tolbert, it was recommended that the following resolutions be considered and adopted as consent items: 86-162 = RESOLUTION = APPROVING THE MARKET SQUARE ASSOCIATES, INC. CONCEPT PLAN FOR OFFICE AND COMMERCIAL DEVELOPMENT ON PARCEL 2 OF THE VEPCO TRACT WHEREAS, the town received a $1.35 million community development block grant in 1981, to be used in part to create additional commercial space and improve economic opportunities within the South Harrison Street neighbor- hood; and WHEREAS, the former VEPCO tract was acquired to help achieve these purposes; and WHEREAS, the Sales Contract and Development Agreement for the former VEPCO tract requires separate plan approval by Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The concept plan for the proposed building on Parcel 2 of the VEPCO tract containing 12,270 square feet of office and retail space as transmitted to the Council on August 1, 1986, is approved pursuant to Para- graph 2 of the Sales Contract and Development Agreement dated May 24, 1985 as amended. SECTION II. The approval of this concept plan does not constitute a waiver of other approvals by the Planning Commission and the Board of Architectural Review required to develop property within the Leesburg Historic District. 86-163 - RESOLUTION - APPROVING REVISED TERMS OF AGREEMENT FOR THE OPERATION OF A LEESBURG FARMERS' MARKET WHEREAS, this Council authorized an agreement with Market Square Associates, Inc., to manage the Leesburg farmers' market and adopted rules and regulations for the operation of the market by Resolution No. 86-23; and WHEREAS, this Council adopted revised farmers' market regulations and a revised management agreement by Resolution No. 86-42; and WHEREAS, certain farmers' market producers requested revisions to the farmers' market regulations for the current season; and MINUTES OF THE AUGUST 13, 1986 MEETING 299 WHEREAS, these revisions have been endorsed by Market Square Associates, Inc. , and the farmers' market representatives: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The revised terms of agreement, dated August 8, 1986, are approved and shall represent the terms and producers' agreement for the i rental of stalls at the Leesburg farmers' market for the producers' season. 86-164 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR PROSPER- ITY CENTER RESOLVED by the Council of the Town of Leesburg in Virginia as follows: T SECTION I. The manager is authorized to execute on behalf of the Town ^V J' an agreement (Form PC-2) with Leesburg Limited Partnership for installation `V of public improvements shown on the plans approved by the Director of N Engineering for Prosperity Center. COWSECTION II. The extension of municipal water and sewer works for the Prosperity Center is approved in accordance with Section 15-9 and 19-18 of Q the Town Code. SECTION III. A performance bond from Utica Mutual Insurance Company of New York in the amount of $126,674 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for the Prosperity Center development. 86-165 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF MARCUS W. MONTGOMERY FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING I 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 Marcus W. Montgomery for revision of the zoning district map, assigned No. ZM-79, to rezone 123.7 acres from County R-1 to County C-1 and Town R-4, R-3, and R-2 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. 86-166 - 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 boundaries of the Town of Leesburg; and WHEREAS, the Litter Control Act of 1976 provides, through the Depart- ment of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of enhancing 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 grant allocation which, if approved, will be used for expansion and continuance of its present litter control program. 300 ".MINUTES OF THE AUGUST 13, 1986 MEETING 86-167 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTABLE PERSONAL PROPERTY TAXES FOR 1981 WHEREAS, the 1950 Code of Virginia, Paragraph 58.1-3940, provides for collection of local personal property taxes to be enforceable for only five years following December 31 of the year for which such taxes were assessed; and WHEREAS, the town's financial records contain outstanding personal property taxes for the year 1981: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Director of Finance is authorized to charge-off from the town's financial records all outstanding personal property taxes for the year 1981. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-168 - RESOLUTION - AUTHORIZING A REQUEST FOR PROPOSALS TO CONSTRUCT, MANAGE AND OPERATE CORPORATE AVIATION MAINTENANCE, STORAGE, AND OFFICE FACILITIES AT LEESBURG MUNICIPAL AIRPORT On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A descriptive notice of an ordinance entitled: "AN ORDINANCE GRANTING A LEASE TO , ITS SUCCESSORS AND ASSIGNS, OF CERTAINPROPERTYAT THE LEESBURG MUNICIPAL AIRPORT, LEESBURG, VIRGINIA," attached'hereto' and'made a part hereof, shall be advertised once a week for four consecutive weeks in the Loudoun Times-Mirror, a newspaper published in the Town of Leesburg, Virginia, and having--a general circulation in the Town of Leesburg; and that said advertisement shall invite bids for the lease proposed to be granted in the ordinance and proposals to construct, j manage and operate corporate aviation maintenance, storage and office facilities at Leesburg Municipal Airport. SECTION II. The public notice to be published with said ordinance shall be as follows: "The Town of Leesburg in Virginia invites sealed bid proposals for a lease of a portion of Leesburg Municipal Airport for the construc- tion, operation and management of corporate aviation maintenance, storage and office facilities. The ordinance granting a lease at Leesburg Municipal Airport shall be for 40 years for a 20,000 square yard aircraft parking apron and a 2.5 acre area upon which the afore- mentioned facilities may be constructed. The public notice, request for proposals, and application form constitute the invitation to bidders for lease and is available in the office of the Town Manager, P.O. Box 88, Leesburg, Virginia, 22075 during regular business hours. The bids are to be delivered to the Mayor of the Town in an open session of the Council to be held in the Council Chambers of the Town at 10 West Loudoun Street on September 24, at 7:30 p.m. The successful bidder shall pay the cost of required legal advertise- ments. The Town reserves the right to reject any and all proposals, to waive any informalities and to award the lease in the best interest of the Town". Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None MINUTES OF THE AUGUST 13, 1986 MEETING 3'0:1, 86-169 - RESOLUTION - AWARDING CONTRACTS FOR CHEMICAL SUPPLIES FOR FY 87 On a motion by Mr. Bos and seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall enter into contracts for the purchase of chemical supplies with the suppliers and at the prices shown below: Chemical Vendor Price Chlorine Suffolk Chemical $ 22.12 cwt Sodium Hypochlorite Suffolk Chemical 0.789 gal Sodium Chlorite Suffolk Chemical 200.00 cwt Hydrated Lime McKesson Chemical 5.20 cwt Potassium Permanganate Suffolk Chemical 124.62 cwt Calcium Hypochlorite Suffolk Chemical 114.80 cwt Hydrofluosilicic Acid 30% Suffolk Chemical 7.91 cwt Ferric Chloride E.Z. Dupont 215.50 ton ^ ' Aluminum Sulfate Delta Chemical 144.40 ton Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams CO and Mayor Sevila Q Nay: None 86-170 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 12 TO R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE- WATER TREATMENT PLANT On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution 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. 12 on July 31, 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. 12 in the amount of $541,863.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $541,863.00 ($570,383.00 less 5% retainage) shall be made to R. F. Kline, Inc. foi Payment Request No. 12 for the Wastewater Treatment Plant Expansion Project. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS 86-171 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR SOUTH HAVEN SUBDIVISION 302 MINUTES OF THE AUGUST 13, 1986 MEETING WHEREAS, the town's Director of Engineering has reviewed the public improvements installed to date in the South Haven Subdivision and certifies that the value of work performed is $71,157, and WHEREAS, a letter of credit from Dominion Bank of Virginia in the amount of $343,783 has been provided by the developer and approved by Council to guarantee installation of public improvements in the South Haven Subdivision. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Dominion Bank of Virginia letter of credit originally in the amount of $343,783 is reduced to $272,626. SECTION II. The manager shall notify the developer of the South Haven Subdivision that liability for letter of credit funds has been reduced as outlined in Section I of thisresolution, 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 South Haven Subdivision. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-172 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF WILLIAM L. BRYANT, TRUSTEE, FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 111 TITLE 15.1 OF THE CODE OF i — VIRGINIA, AS AMENDED On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of William L. Bryant, Trustee, for revision of the zoning district map, assigned No. ZM-80, to rezone 51.36 acres of land from . County A-3 to County PD-IP, 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. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-173 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR FIELD- STONE DEVELOPMENT On a motion by Mr. Bos and seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the Town an agreement (Form PC-2) with Pulte Home Corporation of McLean, Virginia, for installation of public improvements shown on the plans approved by the Director of Engineering for the Fieldstone Development. SECTION II. The extension of municipal water and sewer works for the Fieldstone Development is approved in accordance with Section 15-9 and 19- 18 of the Town Code. MINUTES OF THE AUGUST 13, 1986 MEETING 303 SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from the First American Bank of Virginia in the amount of $500,000 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for the Fieldstone Development. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On motion of Charles Williams and seconded by Jerry Pelkey, Council voted unanimously to go into executive session to discuss personnel matters pertaining to a proposed appointment to the Airport Commission. Section 2.1-344(1) of the 1950 Code of Virginia, as amended (Freedom of Information Act) permits the Council to discuss such matters in executive session. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams T and Mayor Sevila a) n 1 Nay: None (\ '1 The meeting was reconvened with no action taken in the executive 1L&JJ session. CO On a motion by Mr. Williams and seconded by Mr. Pelkey, it was recommended that the meeting be adjourned. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None I / Mayor Clerk of Council I