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HomeMy Public PortalAbout1988_06_08 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1988 379 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, on June 8, 1988, at 7: 30 p.m. The meeting was called to order by Mayor Robert E. Sevila with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by Leesburg Supervisor Chuck Bos. Present were Mayor Sevila; Councilmem- bers James E. Clem; Arl Curry; Hunter Leach; and John Tolbert, Jr. Vice- Mayor Williams and Councilmember Brian Kelley were absent. Staff members present were Town Manager Jeffrey H. Minor; Director of Planning, Zoning Development Martha Mason-Semmes; Director of Engineering and Public Works ITom Mason; and Deputy Town Attorney Deborah Welsh. On motion by Mr. Tolbert, seconded by Mr. Clem, it was recommended the minutes of the regular meeting of May 11, 1988, be approved as written. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None PETITIONERS Charles Bos, 211 North King Street, representing the Loudoun County Board of Supervisors, reported on the following: 1. Scenic byways that the Council and the Board discussed separately the past year have finally been approved by the state, including all of Route 15. The Chairman of the Board, Betty Tatum had written to the Depart- ment of Transportation requesting specific written clarification that sce- nic byway designation would not impede VDOT from improving the road or correcting deficiencies. A reply was received from VDOT and he will get a copy to the town. 2. Thanked the town for a number of interactions with the county (a) library site; (b) transportation issues -- we need to cooperate on the Toll Road extension; (c) another transportation issue -- Mr. Clem was appointed to represent the town on the County Transportation Task Force; (d) there have also been a number of staff level meetings between town and county on other planning issues and some road concerns; and (e) the Board approved $400,000 toward Ida Lee Park. PUBLIC HEARING ON IZM-101 - ALLMAN FAMILY LIMITED PARTNERSHIP REZONING Ms. Semmes explained this rezoning is approximately 8 acres located on South King Street, south of Country Club Subdivision on the same side of the street. It is surrounded on three sides by the Greenway Planned Resi- dential Neighborhood. The applicant wants to rezone from County R-1 to County PDCH. The concept development plan proposes the development of the property in a mix of office/retail uses. It includes the development of approximately 75,000 square feet of new retail and office development. It also includes the renovation of approximately 11,000 square feet of exist- ing structure on the property which includes the large brick barn which can be seen adjacent to Route 15 and the manor house -- the existing Greenway Estate which will be renovated into a proposed restaurant. Behind the existing home, a country inn of 20 rooms or approximately 10,000 square feet is proposed. This would be the only new construction proposed in the area of existing farmhouse and barn. The applicant has submitted proffers which are signed by the property owner. The Planning Commission on April 21 of this year recommended approval of this application with several condi- tions. These proffers will be reviewed by our attorneys and staff will report back to Council at a later date. Marc Weiss, representing the Allman Family Limited Partnership, gave a brief resume of the project also explaining the ideal location for the public library. He said the library board was very interested in having this property. Lurlene Willougby, Dulles district representative to the Library Board of Trustees spoke briefly saying the Library Board of Trustees does unanimously support the 6-acre Allman site for the library for Leesburg. She said they had the architects ready and if they get this site they are ready to go. Eleanor Smith from the town was also present. Sandra Carlson, 1105 Nichols Place, has a concern about the number of accesses on Route 15 from Country Club to the Greenway entrance and she hoped the Allman people would address this. 'f 330 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1988 Templar Titus, resident of Mason Lane, also has a concern regarding the entrances. Marc Weiss, explained two of the entrances, the north and the south, shown on the plan are already approved as part of the Greenway PRN. There is a third entrance which is the existing entrance to the 8-acre Allman tract. We would like to keep this entrance but make it right turn in, right turn out only. The town has been talking with the Highway Department regarding this but they have not received a respond as yet. They are also proffering frontage improvements which would be an additional lane. He said they actually will be putting up the money to make this improvement and it is expected there will be other developments putting up money and eventually Route 15 will be four lanes. In addition to this, we are offer- ing to put up $100,000 for off-site road improvements to the town. The public hearing was closed at this time. Mayor Sevila reminded the public if they want to submit their comments in writing, the record will remain open for a period of ten days for this purpose. Mr. Minor had two brief comments regarding this matter. First, the middle entrance is one that staff has severe reservations with also and secondly, there are actually three potential library sites and obviously the one heard about tonight is the one greatly preferred by the Library Board and virtually everyone involved in the development of Leesburg's new library. What will happen if this site is selected and developed, the town will benefit in other ways; and that is that the Ida Lee Park property -- approximately 3 1/2 acres -- is reserved for a library unless they choose not to develop it and then it reverts to the town. Also, the Greenway tract has around 6 acres that will also go to the town for a public facili- ty. The town will end up with approximately 10 acres of ground if the Allman tract is selected and developed for the library. On motion by Mr. Tolbert, seconded by Mr. Clem, this item was referred to the Finance and Administration Committee on June 14 for further consider- ation. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Curry said the Planning Commission met and referred #ZM-98 - Highpoint back to committee. No action was taken at that meeting. Mr. Tolbert thanked Mr. Bos for coming and keeping the Council in- formed of what the Board of Supervisors is doing. Mayor Sevila also thanked Mr. Bos for keeping the Council informed and also added that "A Day in the Park" was a very successful day and the Kiwanis Club has already begun work on next year. The ceremony at the - Courthouse and the parade were a great success also. MANAGER'S REPORT (1) Council received an activity report on Monday. To highlight a few items -- Lee Phillips was hired as Planner II and will begin work on June 27. He lives in Loudoun County and is a landscape architect with a degree from Penn State. Peter Stephenson from James City County began his duties on June 1 in the comprehensive planning section of the Planning, Zoning and Development Department. We are very near a decision on a Zoning Inspector which is becoming very critical. Lastly, we completed a very successful assessment center recruitment for our position of Director of Parks and Recreation. This is the first time we have used this innovative approach that is used by an increasing number of jurisdictions to evaluate candi- dates for key executive positions. We were able to use as assessors, not only several key staff members, but also Terry Young and Ken Robinson of the Parks and Recreation Commission as well as Art Anselene, Director of Parks and Recreation for the Town of Herndon. We have narrowed it down to two candidates active in the parks and recreation field and hopefully with- in the next five to ten days we will have an announcement on this position. (2) The Council has been following with a great deal of interest the Phase VI Storm Drainage Project. It is on the agenda to approve the design 32/ MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1988 revisions. The Engineering Department has received very favorable response from the Park Authority staff and the town expects to receive approval for the modified design. (3) The new municipal government center/parking complex -- Council authorized Scharf-Godfrey to do detailed cost estimates for this project. We received the final set of cost estimates at the conclusion of the design development phase. According to Scharf-Godfrey, the project is at budget based on the revised budget adopted in the Capital Improvements Program and is proposed in the general budget for FY-89. The town office is within $100,000 of our budget and the parking facility is a little below budget. The bottom line of the report is based on very detailed analysis by Scharf- Godfrey which includes a percentage escalation for constructing the parking complex eighteen months from now, as they are anticipating we will not start the one project until after 1990, and this will obviously have an impact on these costs. We are generally pleased with this report. (4) The town received formal communication concerning the byway desig- nation of Route 15. A copy will be sent to Council this Friday. LEGISLATION 88-0-18 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP FOR REZONING APPLICATION GM-103 - HILLCREST On motion by Mr. Tolbert, seconded by Mr. Leach, and after brief com- ' ments, the following ordinance was proposed and unanimously adopted: WHEREAS, the Council on April 13, 1988, initiated rezoning application GM-103 to designate the Hillcrest Estate, located at 330 West Market Street, as an individual historic landmark site under the H-1, Historic District overlay (as permitted by Article 10-A, Section 3B-8 of the Leesburg Zoning Ordinance) , and referred the proposed rezoning to the Plan- ning Commission; and WHEREAS, the Council and Planning Commission on May 11, 1988, held a joint public hearing on the proposed rezoning; and WHEREAS, the Planning Commission on May 19, 1988, recommended approval of GM-103 by a unanimous vote; and WHEREAS, the subject property has been listed on both the Virginia and National Registers of Historic Places; and WHEREAS, the property has significant character, interest and value as part of the town's development heritage and portrays the environment in an era of history characterized by a distinctive architectural style; and WHEREAS, the proposed rezoning will further the purpose and intent of the Town of Leesburg's Historic District Regulations: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from Town R-1 to Town R-1 and Town H-1 as an historic landmark, 2.3641 acres of land at 330 West Market Street, known as the "Hillcrest" estate and as recorded in the land records of Loudoun Coun- ty in Deed Book 953, page 222. SECTION II. This ordinance shall be effective upon its passage. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None 88-104 - RESOLUTION - APPROVING THE PROPOSED IDA LEE PARK MASTER PLAN On motion by Mr. Clem, seconded by Mr. Tolbert, and after a brief expla- nation by Mr. Minor, the following resolution was proposed and unanimously adopted: WHEREAS, the proposed Ida Lee Park Master Plan has been completed by Patton Harris Rust and Associates and the Hughes Group Architects to re- flect community consensus; and 3$al MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1988 WHEREAS, the proposed plan has been reviewed and approved by the Parks and Recreation Advisory Commission; and WHEREAS, a public hearing on the plan was held on January 20, 1988; and WHEREAS, public comment has been positive; and WHEREAS, the plan accommodates the expressed demands of the public, the need for open space, the physical characteristics of the land and the suit- ability of the site to provide the necessary programs including an indoor pool and gymnasium; and WHEREAS, the plan is flexible for phased implementation and offers alternative uses when necessary; and WHEREAS, the plan has been reviewed by Town Council and referred by the Council's Finance and Administration Committee: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Ida Lee Park Master Plan as submitted to the Town Council on May 31, 1988, is hereby approved. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None On motion by Mr. Tolbert, seconded by Clem, the following resolutions were proposed and unanimously adopted as consent items: 88-105 - RESOLUTION - MAKING AN APPOINTMENT TO THE CABLE TELEVISION ADVISORY COMMISSION WHEREAS, Alvin Dodson has resigned as a member of the Cable Television Advisory Commission effective April 1, 1988: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Clifton M. Vaughn is appointed to the Cable Television Advisory Commis- sion for a term ending June 30, 1991, in accordance with Section 5. 1-61(a) of the Town Code. 88-106 - RESOLUTION - AUTHORIZING THE TOWN FOUR YEAR REFUSE SERVICE CONTRACT TO GRAYSON'S REFUSE SERVICE WHEREAS, the current refuse service contract expires June 30, 1988; and WHEREAS, Grayson's Refuse Service submitted a timely and acceptable bid to provide refuse service for the next four years; and WHEREAS, Grayson has effectively served the town in the same capacity for over ten years; and WHEREAS, the proposal lists the same per unit price as in the previous four year contract; and WHEREAS, cost increases from higher landfill charges and additional stages have been included in the proposed budget for the next fiscal year; and WHEREAS, no other bids were received: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized to enter into a contract with Grayson's Refuse Service to provide town refuse service for the period of July 1, 1988 to June 30 1992 according to the terms of the bid submitted May 20, 1988. 383 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1988 88-107 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING ON VACATION OF BUILDING RESTRICTION LINE ON LOT 9 IN SECTION 4, LEESBURG ESTATES SUBDIVISION WHEREAS, the final plat of Leesburg Estates Subdivision, Section 4, as recorded in the land records of Loudoun county, has a 35-foot building restriction line; and WHEREAS, the existing 35-foot building restriction line exceeds the 25-foot zoning ordinance front yard requirement; and WHEREAS, the owner of Lot 9, located at 124 Governors Drive, S.W. , has demonstrated a physical hardship requiring the construction of an addition between the 35-foot building restriction line and the 25-foot yard line: THEREFORE, RESOLVED BY THE Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of the building restriction line on Lot 9, Section 4, of the Leesburg Estates Subdivision, as provided for in Section 15. 1-482 of the State Code, as amended, shall be published in the Loudoun Times-Mirror on June 30, 1988, and July 7, 1988, for public hearing on July 13, 1988, at 7: 30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. 88-108 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR fZM-99 BY WASHINGTON-VIRGINIA TRADITIONAL DEVELOPMENT SITES, INC. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider rezoning application //ZM-99 by Washington-Virginia Traditional Development Sites, Inc. , to rezone 337.4 acres of land located east of Route 15 South and bounded on the south by the Leesburg Corporate Limits, on the north by the Route 7/15 Bypass, and on the east by Evergreen Mill Road (Route 621), from County R-1 to PRC (Planned Residential Community) shall be published in the Loudoun Times-Mir- ror. The notice shall be published on June 30, and July 7, 1988, for pub- lic hearing on July 13, 1988, at 7: 30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. 88-109 - RESOLUTION - AUTHORIZING A REAPPROPRIATION OF FUNDS FROM THE GENERAL FUND RESERVE FUND BALANCE WHEREAS, the general fund balance for the period ending June 30, 1987, was reserved for $208,012 in encumbrances outstanding on that date; and WHEREAS, during the fiscal year ending June 30, 1988, $233,036 in prior year expenditures were expended: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Reappropriation of funds is authorized from the general fund reserve fund balance to the following departmental budget accounts for prior year expenditures: - Account Amount Description 200-1102-300-010 $ 50.00 Contractual Services 200-1202-300-010 150. 00 Contractual Services 200-3101-540-010 200-4101-300-010 598. 00 Material and Supplies 983. 00 Contractual Services 200-4102-300-010 18, 192.00 Contractual Services 200-4102 540-010 3, 788.00 Material and Supplies 200-4102-700-060 2,232.00 Equipment 200-4102-700-094 20,050.00 Phase I Catoctin Cir. Ext. 200-4102-700-097 113,611.00 Phase II Catoctin Cir. Ext. 200-4103-300-020 9,691.00 Storm Water Master Plan 200-4104-700-090 39,991.00 Street Lights 200-8101-300-010 9,310.00 Contractual Services 200-8105-300-010 14,390.00 Contractual Services Total $233,036.00 3gQ 4 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1988 6 Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None 88-110 - RESOLUTION - SUPPORTING A DESIGN MODIFICATION TO THE PHASE VI STORM DRAINAGE PROJECT On motion by Mr. Tolbert, seconded by Mr. Clem, and after a brief expla- nation, the following resolution was proposed and unanimously adopted: WHEREAS, the Phase VI Storm Drainage Improvements Project was original- ly proposed in the 1977 Storm Drainage Master Plan prepared by Bengtson, DeBell, Elkin & Titus; and WHEREAS, this project has been included in the CIP for a number of years and is funded in the FY 88 and 89 budgets and Kamber Engineering, Inc. , has been hired by the town to design and prepare construction plans and specifications for the improvements; and WHEREAS, Dry Mill Road experiences frequent flooding which will be alleviated by the Phase VI improvements. WHEREAS, the Northern Virginia Regional Park Authority (NVRPA) staff has recommended denial of the original design which shows only minor im- provements to an existing grass lined channel along the W&OD Bike Trail and is in conformance with the 1977 Master Plan; and WHEREAS, an alternative routing of the stormwater acceptable to the NVRPA has been prepared and presented to the NVRPA; and WHEREAS, cost estimates indicated that the revised alignment will be approximately $200,000.00 more than the original alignment, yet the total amount is still within the proposed construction budget: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The revised plan which reroutes stormwater from Dry Mill Road to proposed underground conduit in the NVRP Bike Trail right-of-way is supported by this Council. SECTION II. The NVRPA is requested to review, process and approve the revised alignment as quickly as possible in order that this important project can move ahead. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None On motion made and duly seconded, it was recommended by the applicant that //ZM-80 by Alan I. Kay/Royco be taken from the agenda as written and referred to the Finance and Administration Committee on June 14, 1988, for further consideration. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None 88-111 - RESOLUTION - APPROVING THE ARCHITECTURAL ELEVATIONS FOR 316 HARRISON STREET On motion by Mr. Tolbert, seconded by Mr. Clem, and after some brief remarks, the following resolution was proposed and unanimously adopted: WHEREAS, the Council on February 11, 1987, by Ordinance No. 87-0-5, approved Rezoning Application //ZM-78 by Market Square Associates, Inc. , for the property at 316 Harrison Street, S.E. , which included a proffered condi- tion requiring Council approval of the final architectural plans for the proposed buildings; and WHEREAS, the Board of Architectural Review on April 18, 1988, approved architectural elevations for the proposed Harrison II Office Building at this location; and MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1988 385 WHEREAS, the Council finds the architectural elevations approved by the Board of Architectural Review to be compatible with the other structures in this vicinity and within the downtown historic district: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The architectural elevations for the Harrison II Office Building at 316 Harrison Street, S.E. , as approved by the Board of Architectural Review on April 18, 1988, and as submitted to Council on May 13, 1988, are hereby approved in accordance with proffered condition number 6 of Council Ordi- nance No. 87-0-5. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None 88-112 - RESOLUTION - SUPPORTING THE PROPOSED AMENDMENT TO THE DULLES AREA WATERSHED POLICY, REDUCING THE MINIMUM SEPARA- TION DISTANCE BETWEEN WASTEWATER DISCHARGES AND DOWNSTREAM PUBLIC WATER SUPPLY INTAKES FROM 15 STREAM MILES TO 5 STREAM MILES On motion by Mr. Clem, seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the Virginia State Water Control Board amended the Dulles Area Watershed Policy on January 9, 1976, through the adoption of minute 16, to allow a permanent plant to be constructed at Leesburg as well as the Dulles Regional plant; and WHEREAS, the Virginia Department of Health, which regulates public water supply systems, has indicated that a separation distance of 5 stream miles is in conformance with its policies to protect public health; and WHEREAS, the Loudoun County Sanitation Authority has requested permis- ' sion to construct a regional wastewater facility in the Dulles Area Water- shed approximately ten miles above existing public water supply intakes; and WHEREAS, the Leesburg Town Council recognizes that construction of the regional plant is vital to the economic development and growth of Loudoun County: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor and members of the Leesburg Town Council fully support the proposed amendment to regulations entitled "Policy for Waste Treatment and Water Quality Management for the Dulles Area Watershed," allowing a reduc- tion in the minimum separation distance between wastewater discharges in the Dulles Area Watershed and downstream public water supply intakes from 15 stream miles to 5 stream. miles. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None NEW BUSINESS 88-113 - RESOLUTION - REQUESTING THE VIRGINIA WATER CONTROL BOARD TO TAKE RESPONSIVE ACTION IN AMENDING THE DULLES AREA WATERSHED POLICY, TO INCLUDE RECOMMENDATIONS MADE BY THE NORTHERN VIRGINIA PLANNING DISTRICT COMMIS- SION IN THEIR 1985 DULLES AREA WATERSHED POLICY REEVALUATION STUDY On motion by Mr. Tolbert, seconded by Mr. Clem, and after a brief expla- nation by Mr. Minor, the following resolution was proposed and unanimously adopted: WHEREAS, in response to regional and statewide concerns, the Virginia Water Control Board, in December 1981, agreed to conduct a reevaluation of the Dulles Area Watershed Policy (DAWP); and 3 2(19 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1988 WHEREAS, the Virginia Water Control Board, in June 1983, commissioned the Northern Virginia Planning District Commission to conduct a technical analysis of the Dulles Area Watershed to determine if the DAWP's strict advanced wastewater treatment standards were necessary to ensure high quali- ty in receiving waters; and WHEREAS, the NVPDC study was completed in June 1985 and recommended less stringent standards based on scientific data and new planning tools available to access receiving water quality benefits resulting from alter- nate levels of treatment; and WHEREAS, the NVPDC recommended standards are in accordance with state and federal water quality goals, particularly the restoration and protec- tion of beneficial uses under state water quality standards; and WHEREAS, current proposed changes to the DAWP presented by the SECB staff to the Board do not include the recommendations made by NVPDC in the June 1985 study; and WHEREAS, the town's consultant engineer, CH2M Hill has assessed the economic impact of the current DAWP standards for expansion and upgrade of the existing Leesburg Wastewater Treatment Facility to a capacity of 5 mgd and found the cost to be in excess of $53 million; and WHEREAS, costs of this magnitude would result in a 300% increase in availability fee assessments and a 350% increase in user fees; and WHEREAS, it is evident that the cost of the current technology based effluent standards far outweigh the benefits derived therefrom: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor and members of the Leesburg Town Council fully endorse the findings and recommendations of the technical report entitled "The Impact of the Dulles Area Watershed Policy on the Town of Leesburg," and directs the Town Manager to enter said report into public record at the June 7, 1988, public hearing, convened by the Virginia Water Control Board, on proposed amendments to the DAWP. SECTION II. The Mayor and members of the Leesburg Town Council author- ize and direct the Town Manager to transmit the "Technical Report" to the town' s local, state and federal elected representatives including, Congress- man Frank Wolf, Delegate Kenneth Rollins, Senator Charles Waddell and Gover- nor Gerald Baliles. SECTION III. The Mayor and members of the Leesburg Town Council re- spectfully request that the Virginia Water Control Board take responsive action in amending the Dulles Area Watershed Policy, to include recommenda- tions made by the Northern Virginia Planning District Commission in their 1985 Dulles Area Watershed Policy Reevaluation Study. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Mayor Sevila Nay: None On motion by Mr. Tolbert, seconded by Mr. Clem, the meeting was ad- journed. Mayor Clerk of /.uncil sw