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113
MINUTES OF THE LEESBURG TOWN COUNCIL MEETING, JULY 8, 1987
A regular meeting of the Leesburg Town Council was held on July 8, 1987
at 7:30 p.m. in the Town Council Chambers, 10 Loudoun Street, SW, Leesburg,
Virginia. The meeting was called to order by Mayor Robert E. Sevila followed
by the Invocation led byJohn Tolbe[rt, Jr. and the Salute to the Flag led by
Brian Kelley. Present eree/rCouncilmemoers'Arl Curry, Brian Kelley, Hunter
Leach, Jerry Pelkey, John Tolbert, Jr. , and Charles Williams. Staff members
present were Town Manager Jeffrey Minor, Director of Engineering and Public
Works, Tom Mason; Director of Finance, Paul York and Assistant Director of
Planning, Zoning and Development, Tom Poupard.
PETITIONERS
Christine Forrester, resident of 916 Marshall Drive, addressed Council
on the issue of the connection of Marshall Drive and Heritage Way. She felt
there were some misconceptions that the residents of the area should clarify
for Council. First, the residents of this area do not want their children
to play in the streets. The children do ride their bikes in the streets and
some of them feel that Marshall Drive is like a cul-de-sac. Over 550 children
cross Marshall Drive on their way to Leesburg Elementary School. The connection
that is proposed will not bring in increased residential traffic, but business
and transient traffic. People using the proposed hotel would have access to
the residential area, children and a direct shot to Route 15 which could get
them out of the state in a matter of minutes. Concerning fire and rescue, the
residents have been assured that current plans without the connection are more
than adequate for emergencies. The traffic studies prepared by Kellerco do
not indicate a need for this connection, yet Council continues to say it should
be put in. Mr. Keller also recommended that Plaza Street and Edwards Ferry
Road would be the first intersection in the area to require a traffic light.
The installation of this light would necessitate another light at Heritage
Way within a short time because of altered traffic patterns when people try
to avoid the light. Why is Council attempting to ignore the results of the
traffic study? Several members of Council went on record saying they would
base their decision regarding the connection of Marshall Drive and Heritage
Way on the results of this study.
Regarding the proffer system, Ms. Forrester has observed several meetings
in which proffers were discussed. She feels that the town\ has defaulted in
the contract that was made regarding this area. The Council has a resolution
on tonight's agenda requiring the connection of Heritage Way1to Marshall Drive.
The citizens do not feel there is any essential reason for the connection and
asked the Council if there was a personal or financial interest involved in this.
Bill Gill, resident of 902 Birch Street, stated that six years ago
residents of Carrvale successfully argued for the rezoning of this parcel.
Why are they now here again? Both the developer and private traffic con-
sultant have stated that the connection is not necessary; major traffic
roads are not planned through residential neighborhoods; the Council is an
elected body that should represent the interests of the citizens so please
remember to consider "We the People".
Pat Herr, resident of 512 Appletree Drive, spoke on the democratic process
of elected officials. One must remember that the people of the country and of
this community have the right to vote on. those people who represent the best
interests of the citizens. Again, neither the developer, traffic consultant
nor Carrvale citizens favor this connection. How can the Council justify
voting in favor of this connection.
Alicia Wilson, resident of 914 Marshall Drive, recalled that during her
campaign for Council it was stressed that people want a representative who will
consider their best interests. Safety, welfare and public health of the
community should be first and foremost. Government should be placed in the hands
of those who are best qualified by training, ability and above all devotion to
public service and ability to manage public business. She also urged Council
to listen to the citizens and consider the results of the traffic survey and
vote against this connection.
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MINUTES OF THE JULY 8, 1987 MEETING
Ron Bridges, President of Piedmont Petroleum Company, addressed the
Council on the award of procurement of petroleum products from Commonwealth
Petroleum. In its July 6 meeting, the Loudoun County Board of Supervisors
tabled their motion to award a contract to Commonwealth Petroleum pending
an investigation into the validity of their bid and business practices.
The Town has before it this evening a resolution that would award a contract
to Commonwealth. This should be tabled until the County investigation is
finalized and the results made public.
PUBLIC HEARING TO CONSIDER A COMPREHENSIVE AMENDMENT TO THE GENERAL REGU-
LATIONS
OF THE LEESBURG ZONING ORDINANCE.
Tom Poupard, Assistant Director of Planning, Zoning and Development,
gave the staff report on this amendment as follows: The general regulations
were recommended by the Planning Commission in May. These regulations will
affect what kind of uses can encroach within required setbacks. First, this
will establish the types of zoning districts there will be within the town
and establish rules and regulations for the maintenance of the zoning map;
Criteria for the size and dimension standards within the Zoning Ordinance;
and, finally, an Article that sets forth the powers and duties of the Planning
Commission, Town Council, Board of Zoning Appeals, Board of Architectural
Review and Zoning Administrator. The average setback rules and standards
for pipestem lots were reviewed and redefined. Revised wording in the average
setback rules enabling the layman to better understand these regulations has
been addressed.
The public hearing was closed at this time since there was no one from
the public present to comment on the Zoning Ordinance amendment.
On a motion by Mr. Williams and seconded by Mr. Kelley, it was recommended
that this amendment be referred back to the Finance and Administration Committee
for further consideration.
Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams II/and Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
Jerry Pelkey. reported on a special Airport Commission meeting held
on June 25, 1987 to assess the south -end lease. Following discussion and
a question and answer period, the Commission recommended that Mr. Haynes'
proposal for the south end lease be accepted. Stanley Caulkins was elected
Chairman of the Commission effective July 1, 1987, following the resignation
of Carl Gregg.
Arl Curry reported on the July 2 Planning Commission meeting. Two
public hearings, one on Greenway Subdivision, brought out the concern of
the citizens of Country Club regarding lot sizes in this proposed subdivision.
Leesburg South Planned Development brought up some questions on housing mix
and street layout and the overall traffic layout. Woodlea Manor Subdivision
was approved with conditions.
Brian Kelley attended the Economic Development Advisory Committee
meeting this morning. The report from President Johnson of George Mason
University has been received by the committee which will set out guide-
lines for the process of pursuing a George Mason Campus in Leesburg.
MAYOR'S REPORT
Mayor Sevila said he attended many Fourth of July events around the
county. He hoped that at some time in the future Leesburg would include
some type of celebration through their parks and recreation department.
115MINUTES OF THE JULY 8, 1987 MEETING
MANAGER'S REPORT
Jay Hicks, the new Principal Planner, began his duties with the town
this past Monday.
Through the Economic Development Advisory Committee, funds were proposed
for a landscaping study to be prepared by EDAW on the South King Street
corridor. This report should be in the form of construction drawings which
will provide all the specifications for the changes and the plantings.
The easements for repair of the Carrvale wall have all been obtained
and the work should begin soon.
LEGISLATION
On a motion by Mr. Kelley and seconded by Mr. Williams, the resolution
authorizing a contract with Commonwealth Petroleum for the procurement of
Petroleum Products shall be sent back to the Finance and Administration
Committee for further consideration.
Mr. Kelley said he had a conversation with a member of the Board of
Supervisors who pointed out several discrepancies with the information that
Commonwealth Petroleum provided them.
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinance and resolutions were considered as consent items and unanimously
adopted:
On a motion by Mr. Kelley and seconded by Mr. Tolbert, it was recommended
that in item 10B the term Pulte Home Corporation be replaced with the term
Foxridge Homeowners' Association.
' Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
87-136 - RESOLUTION - APPROVING THE FINAL PLAT SHOWING THE RESUBDIVISION OF
PARK A-1 AND B-1 OF THE FOXRIDGE SUBDIVISION
WHEREAS, the Town Council reviews and approves all cluster subdivisions
under the Subdivision and Land Development Regulations, including resubdivisions
thereof; and
WHEREAS, this Council desires to convey to Pulte Home Corporation, or
the Foxridge Homeowners Association, two 1,390-square foot parcels which
make up the entrance feature to the Foxridge Subdivision; and
WHEREAS, the proposed Deed of Conveyance shall conform to all requirements
of the Leesburg Town Council, including provision for a reversion clause and
must be approved by the legal staff:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The final plat showing resubdivision of Park A and B, Phase I, Section I,
Foxridge Subdivision as shown on a plat prepared by Dewberry & Davis, dated
April 16, 1987, is approved.
87-0-22 - ORDINANCE - APPROVING THE SALE OF SURPLUS PROPERTY TO THE FOXRIDGE
HOMEOWNERS ASSOCIATION
WHEREAS, the Town of Leesburg owns in fee simple two 1,390-square foot
parcels adjacent to the entrance to the Foxridge Subdivision; and
WHEREAS, the Town of Leesburg has authorized Foxridge Homeowners Associa-
tion to erect an entrance feature for said subdivision on this parcel; and
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MINUTES OF THE JULY 8, 1987 MEETING
WHEREAS, these parcels serve no public purpose; and
WHEREAS, the Foxridge Homeowners Association is willing to pay $1,000
to the Town of Leesburg as consideration for conveyance of these parcels to
said corporation:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
The Mayor shall execute a deed in a form approved by the town attorney
to convey said parcels to the Foxridge Homeowners Association, upon payment
of $1,000 to the Town of Leesburg and subject to:the addition or appropriate
language in the deed to ensure that all or part of said property shall revert
to the town at no cost in the event it is required for any public purpose.
87-137 - RESOLUTION - RETAINING McGUIRE, WOODS, BATTLE AND BOOTHE AS BOND
COUNSEL
WHEREAS, the adoption of the FY 88 budget appropriates funds for
Leesburg' s capital improvements proposed for general obligation bond financing;
and
WHEREAS, the town desires to retain the firm of McGuire, Woods, Battle
and Boothe for the purpose of providing the services of bond counsel for this
proposed general obligation bond issue; and
WHEREAS, Virginia procurement regulations exempt the appointment of legal
counsel from competitive bidding procedures:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. McGuire, Woods, Battle, and Boothe are hereby retained as
bond counsel in connection with the issuance and sale of general obligation
bonds as proposed in the FY 88 budget.
SECTION II. The cost of providing these services to the town should not
exceed $12,000 for which funds have been appropriated in the FY 88 budget.
87-138 - RESOLUTION - APPOINTING BRIAN T. KELLEY AS THE COUNCIL'S APPOINTMENT
TO THE "COMPREHENSIVE CONSULTANT SERVICES" SELECTION
COMMITTEE
WHEREAS, a Request for Proposal will be issued to select an engineering
firm to provide civil engineering services to the Town of Leesburg; and
WHEREAS, the cost of these services may exceed $35,000; and
WHEREAS, Section 8.2-5 of the town' s Purchasing Policy requires the
appointment of a councilmember to serve on the Selection Committee to
recommend a consultant to the Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Brian Kelley is appointed tosserve as the Council representative on
the Comprehensive Consultant Services on an as needed basis.
j
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MINUTES OF THE JULY 8, 1987 MEETING
87-139 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 23 TO
R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE-
WATER TREATMENT PLANT
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. 23 on
June 25, 1987 and Camp, Dresser & McKee has reviewed and approved this
request; and
WHEREAS, the Director of Engineering and Public Works has recommended
payment of Payment Request No. 23 in the amount of $258,400.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $258,400.00 ($272,000.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 23 for the
Wastewater Treatment Plant Expansion Project.
Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
' On a motion by Mr. Tolbert and seconded by Mr. Williams, the following
resolution was proposed and unanimously adopted:
87-140 - RESOLUTION - GRANTING PERMISSION TO THE GOOSE CREEK KIWANIS CLUB
TO CONDUCT "A DAY IN THE PARK" MUSIC FESTIVAL -ON
AUGUST 29, 1987
WHEREAS, a request has been submitted by the Goose Creek Kiwanis Club
to the Town Council through the Leesburg Parks and Recreation Commission
that permission be granted for a "Day in the Park" music festival at Ida
Lee Park on August 29, 1987; and
WHEREAS, the Leesburg Parks and Recreation Commission has unanimously
endorsed this event ; and
WHEREAS, this Council recognizes that this festival will offer citizens
exposure to Ida Lee Park and its current and future opportunities for family
centered recreation and cultural enrichment; and
WHEREAS, this festival will provide family oriented entertainment and
offers a vehicle to further promote tourism, commerce and recreation within
the town; and
WHEREAS, the Goose Creek Kiwanis Club has offered to use the net proceeds
from the event to assist with the development of Ida Lee Park:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Permission is granted to the Goose Creek Kiwanis Club to
use Ida Lee Park for the "A Day in the Park" music festival on August 29,
1987, from 1:30 P.M. to 9:00 P.M. subject to the conditions outlined in a
letter from Goose Creek Kiwanis Club Park Activities Chairman William R.
Hornbeck dated June 27, 1987, and further conditions as determined by the
manager and chief of police.
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• MINUTES OF THE JULY 8, 1987 MEETING
SECTION II. Prior to August 29, 1987, the Goose Creek Kiwanis Club
shall furnish to the town a $1,000,000 public liability insurance policy
naming the Town of Leesburg as an additional insured with respect to this
event.
Mr. Curry asked if this would interfere with the town' s agreement to
rent the land for farming to the current tenant of the land.
Mr. Minor stated that the town would make sure that the acreage of
the park used for this event would not interfere with the farming
operations.
•
Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
On a motion by Mr. Williams and seconded by Mr. Pelkey, it was recom-
mended that the resolution requiring the connection of Heritage Way to
Marshall Drive be considered at this time.
Mayor Sevila intervened saying that the Kellerco Traffic study had
not been considered by the Finance and Administration Committee. Since the
June 30 meeting of the Finance and Administration Committee did not have a
quorum, technically the consideration of the traffic study results were not
considered and this resolution should not have been placed on the Council
agenda
Next a motion was made by Mr. Tolbert and seconded by Mr. Kelley
recommending that this matter be referred to the Finance and Administration
Committee for consideration of the Kellerco report.
Mayor Sevila stated that it has been past experience that there is no
vote required when an item is referred back to committee. There was some
further discussion on the validity of returning an item to committee without
a vote, the Mayor cited the code section which allowed this and the meeting
proceeded with the resolution being referred back to committee.
On a motion by Mr. Tolbert and seconded by Mr. Williams the following
resolution was proposed and adopted as follows:
87-141 - RESOLUTION - CANCELLING COUNCIL MEETINGS OF AUGUST 26, 1987 AND
SEPTEMBER 9, 1987
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The regular meetings of the Leesburg Town Council scheduled for August
26, 1987 and September 9, 1987 are cancelled.
There was same discussion as to whether this resolution had been con-
sidered at the committee level. It was determined that this had been properly
considered.
Mr. Kelley said that in the past only one meeting had been cancelled in
the summer and questioned why two were being cancelled this year. Mr. Curry
responded that some councilmembers wanted to have more than one week off.
It was determined that several councilmembers were going to be away during
this time period and the resolution- was considered as presented.
Aye: Councilmembers Curry, Leach,Pelkey, Tolbert and Williams
Nay: Councilmember Kelley and Mayor Sevila
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MINUTES OF THE JULY 8, 1987 MEETING
NEW BUSINESS
Mr. Minor stated that there was an item considering approval of a
stormwater detention pond in the Leesburg Gateway Subdivision. He
introduced Tom Mason, Director of Engineering and Public Works to give
the staff presentation on this. Mr. Mason stated that the plans for the
pond have been approved by the engineering department. The pond is
necessary for erosion and sedimentation control in this subdivision.
i
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
resolution was proposed and adopted as follows:
87-142 - RESOLUTION - AUTHORIZING AN:, AGREEMENT, APPROVING PERMITS AND
APPROVING A LETTER OF CREDIT FOR THE LEESBURG GATEWAY
SUBDIVISION SECTION IIB, "STORMWATER DETENTION POND"
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improve-
ments shown on the plans approved by the Director of Engineering for the
Leesburg Gateway Subdivision Section IIB "Stormwater Detention Pond".
SECTION II. An irrevocable bank letter of credit in a form approved
by the town attorney from the First American Bank of McLean, Virginia in the
amount of $40,000 is approved as security to guarantee installation of the
public improvements shown on plans approved by the Director of Engineering
for Leesburg Gateway Subdivision Section IIB "Stormwater Detention Pond".
Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
i
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 ofiCouncil