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HomeMy Public PortalAbout1987_02_25 1MINUTES OF THE REGULAR MEETING OF•LEESBURGTOWN'COUNCIL,' FEBRUARY 25, 1987 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on February 25, 1987 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 Leach. Present were Mayor Robert E.' Sevila, Councilniembers Arl Curry, Brian Kelley, Hunter Leach, Jerry Pelkey, John Tolbert, Jr., and Charles Williams. Staff members present were Town Manager, Jeffrey Minor, Director of Planning, Zoning and Development, Martha Mason-Semmes, Director of Engineering and Public Works, Tom Mason and Assistant Town Attorney, Deborah Welsh. Also present were members of the Planning Commission William Webb, James Clem, Marvin Belles, Mervin Jackson, Reginal Gheen and Arl Curry. On a motion by •Mr. Williams and seconded by Mr. Tolbert 'it was recommended that the minutes of the regular meetings of November 12, 1986, November 26, 1986 and December 10, 1986 be approved as submitted. Aye: Councilmembers Curry, Kelley, 'Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None • JOINT PUBLIC HEARING WITH PLANNING COMMISSION TO CONSIDER REZONING APPLICATION #ZM-83 - EVERGREEN MILLS INVESTMENTS Mayor Sevila'asked'Planning'Commission'Chairman' Bill Webb to note for 'the record the names of the 'Planning 'Commission members present 'at -this hearing: Mr. Webb- stated the names'and also stated 'for the record that a quorum was present. The'staff' report was' given'by 'Martha Mason-Semmes as -follows: This is a portion of the Stowers Tract consisting -of 62 acres that is' proposed to be rezoned from County R-1 to Town R-3. This is a townhouse zone which II/ also -permits single family, detached dwellings. The plan submitted shows an overall 'density of 'two units per acre, or 'a.-total 'of •124'dwelling units. 36 are proposed as townhouses and 88 as- single family homes: There is a proffer statement which has been submitted, but has not been reviewed by staff yet. - Beckham Dickerson, representative of the developer; pointed out the tract on a map. This is a proposal by NV Land to begin the rezoning with this portion of land to be able to develop the entire tract in accordance to the plans. The Planning Commission`has 'some 'concern about e' parcel of land 'and how development there will be accessed. The transportation plan for the"area •is not yet planned because 'of the possibility of the Loudoun Parkway going'through'a portion of 'the property. The determination of the parkway -will be vital before the rest of the road system can be planned for the development. Mr.''Curry asked Mr.'-Dickerson toyexplain about-the relocation of Route 654 and how it affects this development. Mr. Dickerson said that require- ments are still under review and the Loudoun Parkway will impact the final plans. Because of highway department requirements along'the'parkway, entrance locations will be affected. There will definitely be access roads`,' but' theii -'location cannot'be determined at this time: One 'of the proposals tdcbe 'investigated "is that Route 654 be the major road and that it will go both east and west. He did! not feel' that an interchange in the middle of this road would be good. - ^ '' r ' ' • - C The 'public hearing was closed at this time since there were no further comments from the public, and. referred to Council'for further consideration. The Mayor asked the Planning Commission when•ithey might be able to consider this application and- give a recommendation to the Council:' It was also mentioned that "Council could take no' action on this until the roadway sites couldbe determined. At this time the Planning Commission adjourned to further discuss this matter. 2 MINUTEStOF.THE -FEBRUARY 25-, 1987:`MEETING - r - - • f . ..-On a..motion by Mr. Curry ands seconded •by Mr. Williams it was recommended that this. be referred•back to the Finance -and Administration Committee for further consideration. - - - Aye: Councilmembers Curry, Kelley, -Leach, Pelkey, Tolbert, Williams and Mayor Sevila - - - • - Nay:. None - - - COUNCILMEMBER COMMENTS Mr. Williams mentioned again the fine job the town has done with the snow removal this year. • Mr. Leach stated that there are priority locations for snow removal in town, and,-he• feels that perhaps.an-explanation.of.these is necessary since many people have complained about the snow removal patterns around town. Mr. Pelkey added his comments on the snow removal. He also mentioned that the -Airport- Commission will meet tomorrow evening at 7:30 p:m. - • Mr. Curry reported on last Thursday's Planning Commission meeting at which-the preliminary.,plat-for ,Whispering-Hills was approved. This is an eight-lot,- single family subdivision proposed -on thenorthside of Dry Mill Road, east of Catoctin Circle. The lot sizes are a minimum of 10,000 square feet. Approval for the proffers on $2M-84 were recommended which included recreation area requirements for Potomac Crossing. The special exception for Leesburg Gateway was-also recommended -for-approval. - Discussion of the cul-de-sac lengths also took place. Mr. Kelley mentioned that•he had spoken to -the -Goose Creek Kiwanis on the subject of -the-toll -road. He- said it was- a very informative session in �• which several good thoughts were exchanged. Mr. Tolbert reported on the meeting of the Environmental Advisory Commission at which dangerous intersections within town and the town's leash •law.were discussed. - • -Mayor Sevila also mentioned the snow removal issue. He felt that from -a •public-.relations.-viewpoint• perhaps the town'-could- publish+ a -map that would-indicate- the priority- areas -for snow removal.•- •He had received some complaints about -theiareas that-received priority. The -Mayor also mentioned that it is the responsibility of the homeowner and business owner to remove the snow from the sidewalks, and asked that perhaps a reminder should be published. Another issue that was brought to the Mayor's - attention was the lack of street lights in the Evergreen Mill Road area. Mr. -Minor stated that to his knowledge, -the town had never received a request for lights in -that area. r - . - - MANAGER'S REPORT - - - - - -Mr. Minor- mentioned that for several years the town has published maps that indicate the priority areas of- the town for snow -removal. He also stated- that.-WAGE radio broadcasts the snow emergency routes which fare identical to priority removal routes. - - • r The Council received a written•activity report. The -Capital • Improvement Project was submitted for review. The •Ida Lee Park RFP has been published and the proposals are due on Monday at 2:00 p.m. Not mentioned in the activity report is the fact that Martha Semmes spoke to the AmericanAssociationof University Women last Tuesday. The topic of her speech was the Old and Historic District and future development of Leesburg in general. 3 MINUTES OF THE FEBRUARY 25, 1987 MEETING LEGISLATION 87-0-8 - ORDINANCE - AMENDING THE TOWN CODE REGARDING THE CONTROL OF DOGS On a motion by Mr. Williams and seconded by Mr. Pelkey, the following ordinance was proposed and adopted as follows: WHEREAS, the codified ordinances for Loudoun County make it unlawful within areas of the county with a density of two housing units to the gross acre or more, for a dog to roam, run or self hunt off its owner's or custodian's property if it is not under leash control; and WHEREAS, the Town Code presently requires that dogs be under voice command of its owner or custodian; and WHEREAS, the town's animal control ordinances are enforced by the county animal control warden; and-and- - ---- - - - - - --- WHEREAS, the animal control warden has recommended that the town amend its regulations regarding dogs running at large to incorporate a requirement that dogs be under leash control of their owners or custodians; and - WHEREAS, this Council deems it to be in the public interest and welfare to require leash control for dogs when not on the property of their owner or custodian: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 4-19 of the Town Code is hereby amended to read as follows: Section 4-19. Running at Large. • A dog's owner or custodian shall not permit it to run at large; roam or self hunt in the town off the property of the owner or custodian while not under leash control. Any person who owns a dog which runs at large or remains unconfined, unrestricted or not penned up and off the property of the owner or custodian, shall be deemed in violation of this section. SECTION II. This ordinance shall be in effect on and after April 1, 1987, and all 'ordinances or resolutions in conflict herewith are repealed. Mr. Williams stated that this has come up on several prior occasions, but has not been altered for some time. He feels that it is time to address this issue and supports the legislation. Mr. Kelley is not in favor of this legislation and will vote against it. He feels that he has not received many complaints and doesn't feel this is the time to pass a leash law. - Mr. Pelkey is in favor of the leash law and feels that it is high time a change'was enacted. - Mr. Curry feels that this is a good piece of legislation and that people who constantly let their dogs run free should be penalized. Mr. Tolbert is also in favor of this legislation. Mayor Sevila feels that the penalty, a one-year jail sentence or a $1,000- fine, or both is a bit harsh. A fine of about $25 is more in line with this type of offense. Another problem is that this only addresses dogs when it probably should include cats also. He feels that this legis- lation should be modified. He does not support this ordinance. A motion to return this item to the committee level for reconsideration was rejected. 4 MINUTES OF THE FEBRUARY 25, 1987 MINUTES Aye: Councilmembers Curry, Leach, Pelkey, Tolbert and Williams Nay: . Councilmember Kelley and Mayor Sevila At this point the Planning Commission reentered the Council Chambers and Mayor Sevila asked the Chairman if the Planning Commission had a recommendation for the Council on Application #ZM-83. Mr. Webb stated that the Planning Commission, by unanimous decision, recommends approval of application IZM-83 by Evergreen Mills Investment contingent upon the development of the site in accordance with the signed proffer statements and in general compliance with the concept plan dated January 7, 1987 and with recommendation to Council that the proposed Route 654 extension intersect Route 643 at Lawson Road. 87-34 - RESOLUTION - AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF THE EAST MARKET STREET ALIGNMENT On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, current and future development along East Market Street and the town's desire for improved traffic circulation resulted in the town's retention of the professional engineering firm Bengtson, DeBell, Elkin and Titus to prepare an alignment study for East Market Street between Catoctin Circle and the East Market/Loudoun "Y" intersection; and WHEREAS, the revised alignment will require an 80-foot right-of-way and accommodate five lanes of traffic; and WHEREAS, the Leesburg Planning Commission, by motion adopted February 5, 1987, pursuant to Paragraph 15.1-456(c) of the 1950 Code of Virginia, as amended, determined the alignment to be substantially in accord with the adopted Leesburg Town Plan; and . WHEREAS, this Council wishes to place on record its affirmation of the Planning Commission's decision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: This Council affirms the Planning Commission's approval, under Par. 15.1-456(c) of the 1950 Code of Virginia, as amended, of the alignment for East Market Street between Catoctin Circle and East Market/Loudoun "Y" intersection, as genig$lly shown on the plan prepared by Bengtson, DeBell, Elkin & Titus, dated November 14, 1986. Following some discussion in which the right-of-way was discussed pertaining to those properties that the town would need to negotiate with, Mr. Mason said that with the exception of thewestern end, most rights-of- way are already there. The Rust, Marshall and Ritenour properties would be affected. The pavement would be 64 feet with five lanes plus parallel sidewalks. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mr. Kelley and seconded by Mr. Williams, the following items were considered as consent items and unanimously adopted: 87-35 - RESOLUTION - AUTHORIZING THE PURCHASE OF ADDITIONAL STREET LIGHTS AND MAKING AN APPROPRIATION WHEREAS, improved night illumination of South King Street from the by- pass to Country Club Drive will enhance traffic safety: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: If 5 MINUTES OF THE FEBRUARY 25, 1987 MEETING Th , __ SECTION I. The manager is authorized and directed to execute a standard purchase order with Virginia Power for the installation of twelve 23,000 lumen, high pressure sodium lights, mounted on 35-foot concrete poles to be located in accordance with Plan "B" transmitted with a j memorandum to the Council dated February 13, 1987, at an approximate cost of $17,000. SECTION II. An appropriation is made to the General Fund, Account No. 4104.700.090, Installation, in the amount of $10,000 for the fiscal year ending, June 30, 1987. _ _ _ . _ _ . . 87-36 - RESOLUTION - GRANTING A TEMPORARY CONSTRUCTION EASEMENT THROUGH FOXRIDGE PARK TO PULTE HOME CORPORATION WHEREAS, the Town of Leesburg.is the owner of the parcels of land on T the west side of Catoctin Circle known as Foxridge Park; and WHEREAS, the Pulte Home Corporation is constructing a single-family subdivisionadjacent to the Foxridge Park; and .WHEREAS, the_ construction.of this subdivision requires the extension of off-site storm drainage improvements. and a sanitary sewer' line: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A temporary construction easement as shown on. plats 2409 j and 2779 prepared by Dewberry and Davis is hereby granted for a period co- terminus with the public improvement contract to the Pulte Home Corpora- tion. . SECTION II. Pulte Home Corporation shall convey all improvements II/ located in this easement free and clear of all encumbrances., 87-37 -_ RESOLUTION -. ACCEPTING A STORM_DRAINAGE EASEMENT FROM TAE LOUDOUN COUNTY SCHOOL BOARD -- - -- WHEREAS, the Pulte Home Corporation is constructing a single-family subdivision; and WHEREAS, this subdivision requires the construction of public storm .drainage improvements on property owned by the Loudoun County. School Board; and . WHEREAS, the satisfactory_completion of these improvements is, ensured through a public improvement contract; and ,WHEREAS, the Loudoun County School Board intends to grant this easement to the Town of Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town of Leesburg hereby accepts a storm drainage easement from the Loudoun County School Board as shown on plat prepared by Dewberry & Davis and identified as plat 2411. _ II 87-38 - RESOLUTION - ACCEPTING EASEMENTS FROM PULTE HOME CORPORATION WHEREAS, the Pulte Home Corporation is constructing homes in the Foxridge. Subdivision, a cluster_ subdivision approved by the Town Council; and WHEREAS, amendments have been made to the approved construction I drawings and have been approved by the Director of Engineering; and WHEREAS, these amendments require that additional easements be established on property owned by the Pulte Home Corporation; and 6 MINUTES OF THE FEBRUARY 25, 1987 MEETING WHEREAS, successful completion of the proposed public improvements is guaranteed through a public improvement contract: THEREFORE, RESOLVED the Town of Leesburg hereby accepts a water line easement and various temporary easements as shown on plats prepared by Dewberry and Davis and identified as Plat 2811 and Plat 2778. 87-39 - RESOLUTION - AUTHORIZING A CONTRACT WITH PACIULLI, SIMMONS & ASSOCIATES, LTD. WHEREAS, the Town of Leesburg received proposals on January 16, 1987 from engineering professionals to design and provide construction services for the realignment of Clubhouse Drive; -and - - - WHEREAS, the review committee ranked Paciulli, Simmons & Associates, Ltd. the highest rated firm in accordance with Section 8.3 of the purchasing regulations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to enter into a contract on behalf of the Town, with Paciulli, Simmons & Associates, LTD in the amount not to exceed $50,000.00 for the design and construction manage- ment of the realignment of Clubhouse Drive. SECTION II. An appropriation of $10,000.00 is made to account number 4102.700.104:200 Clubhouse Drive Realignment from the unappropriated fund balance. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: Nene 87-40 _ RESOLUTION -- AUTHORIZING- DIRECTIONAL SIGNS FOR- THE LOUDOUN COUNTY CHAMBER OF COMMERCE - -• -- --- On-a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Loudoun County Chamber of Commerce has requested directional signs to help motorists identify the Chamber's new location at the Varnon Office Building on Edwards Ferry Road: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A revocable permit is issued to the Loudoun County Chamber of Commerce for northbound and southbound directional signs on the Route 7/15 by-pass (northeast quadrant). The Town of Leesburg will furnish and install the signs at no cost to the Chamber of Commerce. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None - On a motion by Mr.- Curry and seconded- by Mr. Pelkey- it was recommended that the resolution authorizing a public hearing notice for special exception application. #86-4 by Echols and Cornwell be referred back to the Finance and Administration committee for further consideration. Aye: Councilmembers Curry, Leach, Pelkey, Tolbert and Williams Nay:' Councilmember Kelley Abstain: Mayor Sevila it 7 MINUTES OF THE FEBRUARY 25, 1987 MEETING 87-41 - RESOLUTION - REQUESTING A LIMITED ACCESS DESIGNATION FOR ROUTE 7 EAST BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION On a motion by Mr. Williams and seconded by Mr. Curry, the following resolution was proposed and unanimously adopted: WHEREAS, the designation of Route 7 as a limited access facility from the Route 7/15 Bypass to the eastern corporate limits is a major component of the transportation element of the Leesburg Town Plan; and WHEREAS; the Virginia Department of Transportation (VDOT) has prepared a functional plan for Route 7 which recommends a limited access designation between the Route 7/15 Bypass and Route 28 in Loudoun County; and WHEREAS, it is necessary for VDOT through the Commonwealth Transportation Board to effect the official designation of Route 7 as a limited access facility; and WHEREAS, this designation will not require the closing of existing at- i grade intersections along Route 7 until such time as planned, grade- separated interchanges are constructed and alternative access is provided to properties served by the existing inersections: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Council hereby requests Virginia Department of Trans- ' portation through the Commonwealth Transportation Board to designate Route 7 from the Route 7/15 Bypass to the eastern corporate limits of Leesburg as a limited access facility as part of the recommended limited access designation for Route 7 from the Bypass to Route 28. SECTION II. The Manager is directed to transmit copies of this resolution to Ray D. Pethtel, VDOT Commissioner, C. B. Perry, II, Northern Virginia VDOT District Engineer, and Philip A. Bolen Loudoun County Administrator. Following some discussion in which both Mr. Kelley and the Mayor re- emphasized the importance of this legislation, and in which Mrs. Semmes described how some existing accessways could be eliminated, the vote was as follows: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS 87-42 _ RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS; RELEASING THE PER- . "" FORMANCE BOND- AND-APPROVING-k MAINTENANCE BOND FOR LEESBURG COUNTRY CLUB SECTION-5A SUBDIVISION On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the developer of Leesburg Country Club, Section 5A Subdivision has completed public improvements in accordance with the town standards and specifications and these have been inspected and approved and the as-built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit in the amount of $30,000 from the McLean Bank of Virginia is released. A maintenance bond in the form of a letter of credit from the McLean Bank of Virginia, to be in effect for a period of one year from this date in the amount of $1,500, is approved. I / 8 MINUTES OF THE FEBRUARY 25, 1987 MEETING " 'SECTION II. - This release is contingent upon -deliver of a properly executed instrument conveying unto- the town all such improvements free of any liens or charges. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 87-43 - RESOLUTION - MAKING AN APPOINTMENT TO THE ENVIRONMENTAL ADVISORY COMMISSION On a motion by Mr. Tolbert and seconded by Mr. Williams the following resolution was proposed and unanimously adopted: WHEREAS, Janet C. Frey has tendered her resignation as a member of the Environmental Advisory Commission effective immediately: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Reavis C. Sproull is appointed to the Environmental Advisory Commission for a term ending June 30, 1988, . in accordance with Chapter 2, Article VIII of the Town Code. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion of Mr. Williams and seconded by Mr. Pelkey, Council voted unanimously to go into executive session to discuss a legal matter in the Circuit Court pursuant to Section 2.1-344(6) of the 1950 Code of Virginia, as amended. The Town Manager, Director of Utilities, and Town Attorney are asked to participate in the meeting. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None The meeting was reconvened with no action taken in the Executive Session. On a motion by Mr. Williams and seconded by Mr. Kelley the following resolution was introduced for consideration at this time, and adopted as follows: 87-44 - RESOLUTION - AUTHORIZING A SETTLEMENT IN THE CASE OF MECHANICAL - - - - - CONSTRUCTORS, INC. V. TOWN-OF-LEESBURG,-ET AL. , LAW NO. 8100, CIRCUIT COURT OF LOUDOUN COUNTY, VIRGINIA WHEREAS, the Town of Leesburg, Mechanical Constructors, Inc. (MCI), Chantilly Construction Corporation, (CCC), Betz-Converse-Murdoch, Inc. (BCM).. and Crider & Shockey have been in litigation since 1981 with respect to claims and counter-claims arising out of the construction of the Leesburg Potomac River Water Filtration Plant; and WHEREAS, MCI and CCC seek $2.3 million dollars in damages from the town and its agent as the result of their claims in the lawsuit; and WHEREAS, the parties have agreed to dismiss with prejudice all direct claims, counter claims, and cross-claims arising out of said litigation, in exchange for a cash payment to Mechanical Constructors, Inc; and WHEREAS, the cost of litigating the trial in the Circuit Court will result in legal fees to the Town of Leesburg of upwards to $135,000, even if the Town prevails in the case; and 9 MINUTES OF THE FEBRUARY 25, 1987 MEETING WHEREAS, the town retained $322,800 from payments due MCI, as liquidated damages arising out of the delay in the completion of the water filtration plant; and WHREAS, the town's direct out of pocket expenses as a result of the delay totalled approximately,"$257,800;" and WHEREAS, all claims against the town will be dismissed upon payment of $175,000 to MCI, Inc. ; and r " WHEREAS, this Council recognizes the public interest will be served by its settlement of this six-year old litigation: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute the mutual release, as transmitted by Special Counsel Terrance Ney,"on behalf of the town, which will release all parties from claims against each other arising out of Mechanical Constructors, Inc. V. Town of Leesburg, et al., Law No. 8100, in the Circuit Court of Loudoun County, Virginia. The manager is further authorized and directed to transmit payment in the amount of $175,000, as the town's settlement sum with respect to this case. Mayor Sevila stated that he is not in favor of this motion since it enables the town to keep a portion of the settlement of this public issue private. He feels that the public has a right to know the terms of the settlement, but the terms of-the settlement prohibit council from doing this. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Williams ' Nay: Mayor Sevila On a motion by,Mr. Williams and seconded by Mr. Kelley it was recommended that the meeting be adjourned. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None • Mayor • . . - .. Clerk^of/ ouncil