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HomeMy Public PortalAbout1988_04_27 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL April 27, 1988 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on April 27, 1988. The meeting was called to order by the Mayor, with the invocation given by Councilmember Tolbert and the Salute to the Flag led by Jennifer Berrino. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem, Arl Curry, Hunter Leach,John W. Tolbert, Jr., and Charles Williams. Absent was Councilmember Brian Kelley. Planning Coniiniceoners present were: Webb, Belles, Jackson, Johnson and Gheen. Also present were Town Manager Jeffrey H. Minor, Assistant Town Manager Steve Brown, Director of Planning, Zoning and Development Martha Mason Semmes, Director of Engineering and Public Works Thomas A. Mason, Director of Finance Paul York, and Town Attorney George Martin. On motion of Mr. Tolbert, seconded by Mr. Williams the minutes of the regular meeting of August 26, 1987 were unanimously approved. Petitioners N Mayor Sevila presented Mr. John Groschan with a Certificate of Appreciation for his N contributions to the Planning Commission. He has served on the town's Planning Commission since W 1986 and has been a long time resident of the Town of Leesburg. He has recently taken over a new position with Prince William County, which will require him to relocate his residence. Q Mr. Groschan stated that the Town Council has made a significant contribution to the town by providing adequate and professional engineers and planning staff. It was his pleasure to serve on the Commie-tn. JOINT PUBLIC HEARING - TO CONSIDER AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE CONCERNING WALL SIGNS FOR MULTIPLE BUSINESSES ON A SINGLE ZONING LOT Mr. Minor stated that this item came up a few months ago regarding a business on South King Street that needed better exposure. This legislation would allow the erection of wall signs to be placed, not immediately adjacent to a door or entrance. Currently, the only type of sign allowed is one next to a door and a directory sign. Mr. Webb of the Planning Commission stated that the commission would be able to report back to Council on this item at the May 19, 1988, Finance and Administration Committee meeting. On motion of Mr. Williams, seconded by Mr. Tolbert this item was referred to the Finance and Administration Committee meeting of May 19, 1988, for further consideration. Aye: Councilmember Clem, Curry, Leach, Tolbert, Williams and Mayor Sevila Nay: None JOINT PUBLIC HEARING - TO CONSIDER PROPOSED AMENDMENTS TO THE 1986 TOWN PLAN Martha Semmes briefed the Council on the major changes that are proposed in the Town Plan amendments. She stated that the current Town Plan was adopted in 1986. An annual review process is built into the plan, so that staff can look at the goals and objectives to make sure that they are being achieved. The first and most significant change is proposed in the population projections. Leesburg has been growing at a tremendous rate and as a result, staff has increased the population projections. The current estimated population of residents is 16,000. By the end of 1990 staff is projecting approximately 19.00n "SI 9d non by in<,5 •�__ z,._ .... ....;_ _ ____. ___�__ ,, ,,, ,,u�; w""'Wwv uc•.0 wa'YLL1,Y1'O tllaiWl 81L@1. The Town Plan includes a tri-annual update of school census figures. Staff recommended that the town would need one less middle school and one less high school to serve the entire town in the long run. - As a result, the Town Plan amendments propose four elementary schools, one middle school and one high school. Another issue are changes recommended in the town's transportation plan. When the Town Plan was completed in 1986, it did not anticipate the extension of the Toll Road into Leesburg. Another change includes the encouragement by Council for the contribution by developers, to contribute proffers as part of rezoning applications. These proffers include fire and rescue services, as well as the town's transportation system. The Planning Commission is now charged with making a recommendation on these amendments. The Town Council will then be responsible for adopting any or all of the proposed or Minutes of April 27, 1988 revised amendments. CoL Grenata addressed the Council by stating his interests in the proposed transportation plan. He explained that his family owns a 77 acre tract of land, located in the County, along Route 654. The proposed changes will go through the 77 acres. His family does not like this proposed change. The proposed change would cut the 77 acres into two parts. Templar Titus, a resident of Masons Lane, stated that his home is on the proposed four lane highway and he is opposed the Battlefield Parkway Alignment between Route 15 and Route 621, but favors the Battlefield Parkway and Toll Road concepts. He respects the right of the developer to develop Leesburg South and respects the responsibility of the Council and Planning Commission. He had several questions relating to the Route 654 Alignment Study and the Battlefield Parkway Study and asked that staff respond to these questions in a timely manner. The questions are as follows: Was there a previous Route 654 alignment study issued in the fall of 1987? I If so, why was a new report issued and what was changed? Why is there no consideration in this study with respect to the Greenway Development project associated with the advantages and 'disadvantage of the study? Was there consideration given to other future development outlets that would enter Route 15 between Virts Corner and the hypo cm? Does the study consider safety aspects of the proposed Leesburg South plan and with respect to the various intersections, namely the Virta Corner alternatives and what were the conclusions? Has the town addressed the issue of fire and rescue services for the residents that currently align on Route 654? Why does the study state "no developed properties would be affected by the C Alignment"? Has the town considered moving the Battlefield Parkway further south? If not, why? Mr. Titus then proposed that the town seriously enter into an agreement with the State and County for a technical study, not a political one that the town presently has. Of the Battlefield Parkway study, address the safety, traffic flow patterns and the community impact and include all the developments in the given area If the Council still considers the study, then consider a modified version of the Alignment C, and move the intersection of the Battlefield Parkway further north. Residents along Route 654 have been there for approximately 20 years. In these years, residents of this community have contributed a County treasurer, an assistant superintendent of schools, at least five teachers,a newspaper owner and publisher, an academy award winning actress and a future world class soccer player. Mr. Titus hopes the Council will see these concerns. George Atwell, a resident of Masons Lane addressed the Council stating that he respects the position of the Council. He is not sure what the purpose of the Battlefield Parkway is. Is it to provide a means for through traffic around Leesburg? Is it a means to accommodate local traffic in a more convenient and more efficient way? Or is it a combination of both? Battlefield Parkway, by definition, is a major arterial road. He raised several concerns with Alternate C and feels that Alternate C does not do an adequate and convenient job to serve the largest number of residents most effectively. Alternate B, with some modifications would be the best collector for all of the residential areas on the south side of Leesburg. Mr. Atwell asked Council to not sacrifice the surrounding resident's quality of life for the convenience and profit of development. Sarah Titus, daughter of Templar Titus and a resident of Masons Lane, explained that her neighbor was Colonel Mason, who loved his home very much. He wanted to keep it quiet and away from development that would possibly destroy the resident's freedom. Ms. Titus hopes that the Battlefield Parkway will not be something that will make her community unhappy. She asks that Council remember the families that have lived on Masons Lane for a long time. Hubbard Turner a resident of 1107 Bradfield Drive, S.W., commends the Council, Planning Commicvion and staff for the tremendous job that has been done in laying out the transportation network. He is fully convinced that staff and Council has given this proposal a thorough study. The Council has done a remarkable job in trying to solve the transportation problems. Councilmember Williams stated that Hubbard Turner has shared many views before the Council and Planning Coni+nission and appreciates this. Gordon Fletcher, Director of Planning Pupil Services for Loudoun County Public Schools, addressed the Council regarding the proposed change in the Town Plan for the number of school sites needed within the Town of Leesburg. He stated that Jay HicEs p _.idol IL: :Mc:.-- for projecting public school students to be generated within the town. These methods are the existing methods that the county uses. He said that method number 2 was the best way of reflecting the projected number of students. Summarizing method number 2, Mr. Fletcher said that with the number of residential units to be built in Leesburg and the annexed area, there would be students generated to serve 4.65 elementary schools, 1.19 middle schools and 1.35 high schools. His recommendation to the school board is that the town needs 2 middle school sites and 2 high school sites. Mr. Fletcher asked Council to review the proposal and accept the school board's recommendation of 4 elementary schools, 2 middle schools and 2 high schools. Rov Smith, a resident of Route 621, stated that the Battlefield Parkway should be placed further south, noting the unsafe conditions at Virts Corner. silbe Minutes of April 27, 1988 Mayor Sevila stated that he has received written comments from the Washington Virginia Traditional Development Sites, Inc., regarding the Battlefield Parkway Alignment as it crosses the land undergoing rezoning application #ZM-99 known as the Leesburg South property. Washington Virginia Traditional Development Sites, Inc., owner of the above referenced property would like to state for the record that either Alignment A or Alignment C for Battlefield Parkway as shown on figure 5 Alignment Options of the Town of Leesburg Route 654 Alignment Study prepared for the town by Byrd, Tallamy, McDonald and Lewis dated January 1988, is acceptable. On motion Mr. Curry, seconded by Mr. Tolbert, this item was referred to the first Finance and Administration Committee meeting after the Planning Commission meeting of June 16, 1988. The public hearings were closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. Aye: Councilmember Clem, Curry, Laarh Williams, Tolbert and Mayor Sevila Nay. None Councilmember Comments wq N Mr. Williams wished Councilmember Kelley a speedy recovery. N w Mr. Leach commended Mr. Turner for his favorable compliments to the Council CO Mr. Clem stated that he attended the VDOT meeting in Fairfax regarding the road allocations, Q and they basically echoed the town's 1987 resolution. Mr. Curry stated that the Planning Commission approved the preliminary/final development plan for the Bernard Carlton Building at 208 South King Street, approved the preliminary/final development plan for the Euram Addition, approved the preliminary/final development plan for the Loudoun Times-Mirror Addition, approved the preliminary/final development plan for the Brookmeade Condominiums, approved the preliminary plat for Peer Manor Section III, approved the construction of a new residence at 223 South Street, and recommended approval to Council of #ZM-101 by the Allman Family, from County R-1 to PDCH. Mr. Tolbert said that the EAC had a very productive meeting last week. He noted that Ms. Rosen has been with the town for 25 years. Mayor's Report Mayor Sevila stated that he received a letter from Mr. Ronnie Roberts, a resident on Crestwood Street,regarding the safety at the intersection of South King Street and Catoctin Circle, and the need for additional traffic controL He indicated that it was a difficult maneuver trying to make a left turn from King onto Catoctin Circle. Mayor Sevila asked Mr. Minor to refer Mr. Robert's letter to the appropriate committee for consideration. The bypass and East Market Street is another intersection that was brought to the Mayor's attention. Mr. Minor will also look into this intersection. Mr. Tolbert, Mayor Sevila and representatives from Roy Rogers planted a tree on the west triangle for a tree planting ceremony. Mayor Sevila stated that town elections are scheduled to take place on May 10, 1988. He encouraged all citizens in the community to exercise their franchise and vote in the town elections. Manager's Report Mr. Minor noted that the Council did rrrwivn a tory ..v11... A,..:- ...- D___� _f_ lV F__1 -_ • Staff signed a contract, today, with CH2M Hill to prepare a case before the State Water Control Board on June 6, 1988. This date reflects the public hearing on the proposed changes to the Ih. a Area Watershed Advanced Wastewater Treatment Policies. One bid was received on the Clubhouse Drive realignment project. Mr. Clem asked Mr. Minor to have the intersection of Catoctin Circle and West Market Street observed at peak hours, during school days. Perhaps a police officer could be placed there when school lets out. 340 Minutes of April 27, 1988 Legislation On motion of Mr. Clem, seconded by Mr. Tolbert, the following resolutions were proposed as consent items and unanimously adopted. 88-77 - RESOLUTION - ESTABLISHING AN AD HOC COMMITTEE TO CONSIDER FIRE AND RESCUE SERVICES FUNDING WHEREAS, the Leesburg Fire and Rescue Services Planning Committee, the Town Council and town staff have engaged in several discussions regarding the financing of fire and rescue services; and WHEREAS, further discussions and information is required in order to formulate effective !mom THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An ad hoc committee is hereby established consisting of Councilmembers James E. Clem and Hunter Leach, staff member Paul York and two representatives of the fire and rescue services. The purpose of the committee is to study the financing of the fire and rescue services and respond to the Finance and Administration Committee of the Town Council 88-78 - RESOLUTION - AUTHORIZING A CONTRACT WITH A & S CLEANING SERVICES OF LEESBURG, VIRGINIA TO PROVIDE THE TOWN WITH JANITORIAL SERVICES WHEREAS, bids were solicited to provide janitorial services for the Town of Leesburg and the lowest and most responsible bid submitted was by A&S Cleaning Services: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: ' The manager shall enter into a contract with A&S Cleaning Services for janitorial services as described in the request for sealed bids dated March 28, 1988 at a total monthly cost of$2,150.00. 88-79 - RESOLUTION - AUTHORIZING A CHANGE ORDER TO THE ROUTE 643 WATERLINE PROJECT FOR CONSTRUCTION ADMINISTRATION AND INSPECTION WHEREAS, Camp, Dresser & McKee prepared construction drawings and specifications for the 16 inch Route 643 waterline and performed the construction administration and inspection for the town; and WHEREAS, Perry Engineering Company, Incorporated was delayed in completing installation of the waterline; and WHEREAS, under the terms of the construction contract, the project was to have been completed on September 2, 1987; and WHEREAS, the terms of the contract with Camp, Dresser & McKee are based on services which would have ended in September, 1987 and the contract was extended to November, 1987 at a cost of$9,200.00; and WHEREAS, Camp, Dresser & McKee has provided contract administration and inspection services for an additional five months, until April 1, 1988; and WHEREAS, the Director of Engineering and Public Works recommends approval of a change order in the amount of$13,500.00 to CDM's current contract with the Town; and WHEREAS, the Town will withhold from the final payment to Perry Engineering, liquidated damages in the amount of$19,705.00 of the $22,700.00 additional cost for engineering and inspection THEREFORR. RESOLVED 1.�, fhe / .. 1 thc _<� -- Vi _ __ _. ..... ..... ... .�,, ,.,B ..� r u giuia ue fOliorva SECTION I. The manager is authorized to execute a change order on behalf of the Town with Camp, Dresser&McKee for additional construction administration and inspection services in an amount not to exceed $13,500.00. SECTION U. An appropriation is made from the Utility Fund to account no. 3120.700.140.300 Route 643 Waterline Extension in the amount of$13,500.00. 88-80 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE BOND AND WATER AND SEWER EXTENSION PERMITS FOR THE BROOKMEADE CONDOMINIUMS j 347 Minutes of April 27, 1988 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute an agreement (PC-2) with Lokey Construction Company, Inc., for public improvements on the plans approved by the Director of Engineering and Public Works for the Brookmeade Condominiums. I SECTION II. The extension of municipal water and sewer works for the Brookmeade 111 Condominiums is approved in accordance with Sections 15'79 and 19-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from the Lomas Nettleton Financial Corporation of Virginia in the amount of$306,000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Brookmeade Condominiums. 88-81 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-100 - ROGER AND WANDA HOUGH i RESOLVED by the Council of the Town of Leesbdrg in Virginia as follows: A Notice of Public Hearing to consider rezoning application #ZM-100 by Roger and Wanda N Hough to rezone 19,427 square feet of land located at 154 Fort Evans Road, N.E., and bounded on the N south by Fort Evans Road, on the east by Heritage Way and on the north and west by the Carnaby W Square Subdivision, from Town R-2 to Town B-1 shall be published in the Loudoun Times-Mirror. The CO notice shall be published on May 12, and May 19, 1988, for public hearing on May 25, 1988, at 7:30 p.m., in the Council Chambers, 10 Loudoun Street, S. W.,'•Leesburg, Virginia. a Aye: Councilmember Clem, Curry, Leach, Tolbert, Williams and Mayor Sevila Nay. None On motion of Mr. Tolbert, seconded by Mayor Sevila, the following resolution was proposed and adopted. I 88-82 - RESOLUTION - INITIATING AMENDMENTS TOI THE LEESBURG ZONING ORDINANCE REGARDING MEASUREMENT OF LOT WIDTH AND ESTABLISHMENT OF MINIMUM SETBACKS FOR CERTAIN STREETS WHEREAS, Section 1B-4(g) of the Leesburg Zoning Ordinance specifying the measurement of minimum lot width has resulted in confusion and inconsistency in the review of subdivision plats within the town; and WHEREAS, the revision of this section will clarify Ithe Council's intent for this regulation and will make it more consistent with standard zoning practices in Northern Virginia; and WHEREAS, Section 13-5(e) of the zoning ordinance establishes additional setbacks for certain streets within the town; and WHEREAS, the Council, and Planning Commission have expressed an interest in establishing an additional setback under Section 1B-5(e) for West Market Street and Morven Park Road; and I WHEREAS, these amendments are necessary to promote public health, safety and welfare, to facilitate the creation of a convenient, attractive and harmonious community, and to protect property values. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 13-4(g) of the Leesburg Zoning Ordinance is hereby initiated to replace the rn-rent.. fork in it antirpt.r nAt , .i-4 rnpn,,,b, .. Section 113-4(g) Measurement of Lot Width The minimum lot width shall be measured along a line parallel to the front street line and lying at a distance from said street line equal to the required minimum front yard on said lot. For pipestem lots, the minimum lot width shall be measured at the minimum front yard line approved on the final plat. SECTION H. An amendment to Section 1B-5(e) of the Leesburg Zoning Ordinance is hereby initiated to add new subsections (2)((c)) and ((d)) to read'.s follows: 398 Minutes of April 27, 1988 2((c)) West Market Street, between An Street and the western corporate limits: 65 feet from the centerline of the right-of-way. 2((d)) Morven Park Road: 55 feet from the centerline of the right-of-way. SECTION III. A public hearing on these amendments shall be held at 7:30 p.m., on May 25, 1988, in the Council Chambers, 10 West Loudoun Street,Leesburg, Virginia, and pursuant to Section 15.1-431 of the Code of Virginia this hearing shall be a joint public hearing of both the Planning Commission and Council. The clerk shall publish a notice of this hearing in the Loudoun Times- Mirror on May 12, 1988, and May 19, 1988, and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION IV. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment within 30 days of the public hearing. Mayor Sevila stated that the need for this revision came from members of the public, who came to the Council as petitioners at past public hearings, raising concerns about the appropriate interpretation. The current legislation is very confusing, to the public, staff, Council and particularly to the developers and applicants who are asked to interpret this legislation and apply it to their applications. This legislation is in need of immediate attention. Aye: Councilmember Clem, Leach, Tolbert and Mayor Sevila. Nay: Curry, Williams On motion of Mr. Williams, seconded by Mr. Tolbert, the following resolution was proposed and • unanimously adopted. 88-83 - RESOLUTION - ADOPTING THE 1989-1994 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, Section 15.1-464 of the Code of Virginia, as amended, authorizes preparation and annual review of a Capital Improvements Program (CIP); and WHEREAS, the Planning Commission has reviewed the 1989-1994 OP and recommends adoption to the Council; and WHEREAS, the OP provides a long-term plan for the financing and acquisition of capital facilities, projects and equipment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The 1989-1994 Capital Improvements Program submitted by the town manager is hereby adopted. Mr. Clem, on behalf of Councilmember Kelley, stated that the OP is the best combination of projects in the town and dearly shows the fine job that Council has done for the past four years in compiling these needed improvements. Mr. Clem also commended staff for putting the CIP together. It is an excellent document. Mayor Sevila stated that the CIP is a major "blueprint" for the town's future, coupled with the other planning documents that Council has adopted. He agrees with Mr. Clem's comments. Aye: Councilmember Clem, Curry, Leach, Tolbert, Williams and Mayor Sevila Nay None On motion of Mr. Williams, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted. 88-84 - RESOLUTION - ENDORSING MAY 8-14, 1988. AS MUNICIPAL CLERKS WEEK WHEREAS, the office of the Municipal Clerk is the oldest among public servants; and WHEREAS, by keeping records and maintaining archives for posterity,along with insuring that the decisions of legislative bodies are properly implemented, this public official conscientiously represents the affairs of the communities; and WHEREAS, the Municipal Clerk has strived to keep pace with governmental and citizenry needs, learning to perform varied duties by staying abreast of continuing technological advances via classroom seminars and other professional teaching; and 3`x1 Minutes of April 27, 1988 WHEREAS, just as local government has grown in keeping with the need to be responsible to all its citizens, the Municipal Clerk, who is often the first member of local government with whom citizens interact, insures that the individuals' rights and privileges are presented; and WHEREAS, it is appropriate that we recognize the accomplishments of all Municipal Clerks who preserve the past with an eye on the future of our democratic process; and WHEREAS, it is especially fitting to recognize this office of this year as Dorothy B. Rosen has served as Clerk of Council with distinction for 25 years: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The week of May 8-14, 1988, is dedicated as Municipal Clerks Week in full recognition of the Municipal Clerks' outstanding contribution and dedication to public service for the community and the citizens of Leesburg called upon to recognize the loyal and dedicated service of Dorothy B. Rosen as Town Clerk of the Town of Leesburg for the past 25 years. Mr. Williamq complimented Ms. Rosen on her friendliness to the public. Aye: Councilmember Clem, Curry, Leach, Tolbert, Williams and Mayor Sevila N N Nay: None W CO On motion of and duly seconded the meeting was adjourned. Q ii Robert E. Sevda, Mayor Y t Clerk of Council