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HomeMy Public PortalAbout1988_12_13 167 • MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL December 13, 1988 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on December 13, 1988 at 7:30 p.ni: The meeting was called to order by Mayor Sevila, with the invocation given by Councilmember Tolbert and the Salute to the Flag led by Councilmember Clem. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin, William P. Mulokey and John W. Tolbert, Jr. PlanningCommission members present included: Johnson, Darling, Belles, Jackson and Gheen. Also present were: Town Manager Jeffrey H. Minor, Assistant Town Manager Steve Brown, Director of Finance Paul York, Director of Engineering and Public' Works Thomas A. Mason, Director of Parks and Recreation Gary Huff, Assistant Director of Planning, Zoning land Development Jay A. Hicks and Deputy Town Attorney Deborah Welsh Petitioners Carl Johnson, a member of the Planning Commission, addressed the Council speaking on the Certified Planning Commissioners Training Program, which is under the direction of VPI and growing, 's= every year. The Leesburg Planning Commission now .has five certified members. He called on Councilmember Forester and presented her with a certificate for successfullyi completing the ten week –�. Virginia Certified Planning Commissioners Program. This same certificate was also presented to staff member Lee Phillips. Peter Dunning, spoke on behalf of First Night Leesburg, requestinglthe town close King and Market Streets, from the hours of 7:45 p.m., until 12:15 am. Approximately 5000 people are anticipated to participate. The Mayor asked Mr. Dunning if he had the•opportunity to speak with the downtown businesses. Mr. Dunning stated that some of the businesses participate in this function and support it. Mr. Minor stated that Chief Kidwell is against this request and'has reservations about it. The celebration worked fine last year and while generally the mid-night hour is generally a low traffic hour, it is not on New Years Eve. Mr. Minor and staff suggests that the streets be closed from 11:30 p.m. to 12:30 am., and have police officers at each intersection. Mayor Sevila suggested that action be deferred on this matter and further discussions take place at the new business portion of the agenda JOINT PUBLIC HEARING - TO CONSIDER AMENDMENT TO LEESBURG ZONING ORDINANCE CONCERNING BUFFER-YARD REQUIREMENTS ON RESIDENTIAL LOTS Jay Hicks gave a brief staff report, stating that this matter is to consider amendment to Section 9A 14(0(2) of the landscaping and screening regulations. This would prevent residential loth that were platted and developed long before the adoption of the landscaping regulations from being construed to have provided their half of a buffer yard requirement, when an adjacent property of a greater intensity develops. A single sentence would be added to the end of the section, 'stating 'Residentially zoned or • used properties developed prior to the adoption of this ordinance shall not be determined to have provided a buffer yard as defined by Section 9A-14(a)." This ordinance will Ienhance the development of many properties and preserve and protect many of the residential properties that are located next to expanding and new commercial projects. The public hearing was closed. On motion of Mr. Tolbert, seconded by Mr. Clem, this matter was moved to the Planning and Zoning Committee meeting of January 4, 1989 for further discussion and consideration. A report will be issued from the Planning Commission to Council following its January 5, 1989 regular meeting. I i Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila • Nay None PUBLIC HEARING =AMP NOM: f.PP.spfrPri Ynikrrmra (\R TWAT A'wrrD, Orli ADTnflTct ATITITTTCVLT AT SETBACKS FROM CERTAIN STREETS I — Jay Hicks stated that this was initiated by the Planning Cominisai on 'and is an amendment to Section 1B-5(e) of the regulations that would create a 100' setback froni ,the entire length of the bypass. This setback would apply to buildings as well as parking lots and be subject to all land uses, no differentiation between existing land uses being expanded or new uses, whether residential or commercial Staff has come up with other options, that Council may wish to consider, that serve the same purpose. )6 ' ') i / . Minutes of December 13, 1988 Joe Kelley a resident of 212 North Street, addressed the Council on behalf of his business partners and himself; to speak on the proposed setback as it pertains to the Loudoun Racquet and Swim Club. They have owned this property since 1973. A 100' setback would go through the tennis club building and through the swimming pooL From their point of view, this is ludicrous and it defies the imagination that anyone could consent to putting this setback on development that is already partially developed. It does not serve a purpose. He pleads to the Council to not pass this legislation. Steve Owens, representing the owners of the Shenandoah Square Shopping Center, stated that this project would be severely impacted by the proposed 100' setback. He introduced Mr. Duane Lewis of ARONOV Realty, Ms. Anne Zimmerman and Mr. Larry Winchester of Kamber Engineering, ngin ring. and Mr. Marc Weiss, the consultant for this project. They oppose the passage of this proposed legislation. "It is not substantially related to any issues of public health, safety or welfare! This initiative prevents anyone from going forward with further discussions of development of their property, because this 100' setback severely impacts adversely on the project. Marc Weiss stated that negotiations have occurred between the town,and the developers of the shopping center, on the site plan for many months. He explained that Mr. Lewis and his associates have been extremely agreeable in working with the town to meet town objectives which have gone far beyond what the minimum requirements of the town ordinances are. The town, it seems, is seeking to change the rules and it jeopardizes the development of the project, as proposed. He passed out a graph and stated that the imposition of the setback will require an additional 2.3 acres of land from the applicant, in addition, it will have the affect of reducing the building area by 14,200 square feet and will result in a reduction of 93 parking spaces. The 2.3 acres does not include the land dedication for the interchange. The estimated financial cost of these regulations is in the neighborhood of$4 to $5 million, on the applicant. Mrs. Forester asked Mr. Weiss, how many parking spaces will be required in the development, as it stands. Mr. Weiss stated that they exceed the town ordinance, by quite a lot. The reason is an economic one, he explained, the shopping cannot necessarily function economically, based on the town's minimum requirement. The parking that is required, is the minimum required under the lease - agreements that the developer has with tenants. Tenants are requiring five spaces per 1000 square feet, which is typical of major retail operators. The spaces provided are according to the lease agreements with the tenants or they will not occupy the space. Steve Owens pointed out that the $4 to $5 million impact is taken from leases and offers that / - are in hand for the out parcel spaces that would be adversely impacted. The $4 to $5 million is a rough estimate, but a real estimate of a dollar impact on the developer. Tliis ordinance needs to go back to the Planning Commission with very strict instructions to consider, how much it could cost the town economically if the setback is imposed. Mayor Sevila asked how this would cost the town. Mr. Owens stated that a "taking' of property, implies adverse economic consequences to the town. If the setback is passed, property for an interchange would most likely have to be condemned, it could be considered that the area within the 100' setback has been taken by the town and the economic adverse impact on the entire shopping center could also be considered to be taken by the town. All of these factors need to be considered very seriously before this legislation is pursued. Mr. Kimball asked if the proposed parcel of land being.dedicated for the interchange, meets VDOT standards. Mr. Mason stated that this interchange is the developer and the developer's engineer's interpretation of what may work. It has not been confirmed or denied by VDOT or the town staff. The town is in the process of signing a contract with a consulting firm, to prepare a detailed, preliminary design for an interchange at this location, and determine how much right-of-way will be needed. Mr. William Thomag a real estate broker in the Town of Leesburg, representing Carol and Pat Fischer owners of a parcel of land located on Fort Evans Road, addressed the Council The property is presently for sale and if the 100' setback is imposed, it would adversely affect the development and the sale of this property. The Fischers would also consider the property "a take". At least one-third of the property would be taken by this setback. . Bernard Carlton a hander in LeeshaT c ;—ntet; 'o -__--_.:__ t:_.__.� ._, E. Kendall Stock, stated that theyare o V — ` - --d pieces opposed to the 100' setback requirement. They own two pieces of property, that would be drastically affected by the setback. Both of these Properties were rezoned, the one on Fort Evans Road was rezoned in 1985, and at that time, there was no mention of the 100' setback. The other piece of property was rezoned in 1984. They also, would consider this "a taking". It would completely devastate the properties. The proffers on these properties were entered into in good faith, and we feels and though we have a contract with the Town of Leesburg. We intend to hold up our end, we are asking the Town of Leesburg to hold up their end. • Adrian Edwards, representing the Loudoun Chapter of the NVBIA, stated that the NVBIA is vehemently opposed to the 100' setback. I was happy to hear Mr. Hicks say that staff was looking into other options to accomplish the purpose. From the point of view of health, safety and welfare, I l 165' I Minutes of December 13, 1988 i question the need for this ordinance at all. The people that have spoken, hese tonight, are just the tip of the ice berg. This is a very volatile matter, it is a broad issue that will encounter a lot of property owners, and it ins severe legal implications. Mr. Edwards considers himself;a conservative, and when it comes to government matters and regulations, a conservative looks at less is better. This is a case, where less is better,for the good of the public. He asks Council to seriously consider this issue. If the NVBIA can be of any assistance, they would be glad to help. i Mayor Sevila noted a letter received from Chuck Glazier, !who submitted photographs, suggestions and comments relating to the proposed ordinance amendments. Also a letter from Peter K McKee, Jr., representing Pro Beverly Road Associates, relating to the proposed ordinance amendments. These letters were made a part of the record. The Council, in these matters, proceed cautiously with a great deall of care and judgement, particularly to those properties that are already developed. There are allot of issues to be considered. The Mayor asked Deborah Welsh to be prepared to address what all of these speakers had to say. Is this really "a taking", is it a compensable act by the Council or is the Councill in fact, providing for the health, safety and welfare of the community? This is a very important qudstion and Council should be well advised of the practical, the planning, the policy and the legal issues. The Mayor thanked all members of the public for speaking at the meeting: L^ The public hearing was closed. Mayor Sevila said Council will receive written comment on this public hearing for a period of ten days. On motion of Mr. Tolbert, seconded by Mr. Mulokey, this matter was referred to the P and Zoning Hing Committee of January 14, 1989 for'further discussion r and consideration, with a report back from the Planning manning Commission on January 5, 1989. C : Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila • Nay: None I • Councilmember Comments I j Mr. Mulokey attended the Ida Lee Park groundbreaking, and was struck by the historic I significance of the park and the fact that the town is embarking on a large series of capital improvements. He is looking forward to the improvement of the' quality of life that will come from this park. The letter to VDOT relating to the Route 7/641 intersection, will have some positive impact, in that there may be a light installed before February. ' He would like to include in the traffic study for the Route 15/Edwards FerryRoad intersection, the pedestrian and bicycle access across Route 15, so that pedestrians and bicyclist can get to the other side of Route 15 from downtown. Mr. Minor stated that Gary Huff would look into this, with the National Park Service. j Mr. Lovin echoed Mr. Mulokey's comments regarding the groundbreaking at Ida Lee Park and personally thanked Gary Huff, who did an outstanding job in presenting the picgram. He also thanked the County of Loudoun for their $800,000 gift towards the project: " He attended the Loudoun County Chamber of Commerce Man and Women of the Year awards, and congratulated Katherine Costello, for being named the Loudoun County Women of the Year. He also thanked Mrs. Forester and members of the Planning Commission,for their achievement in becoming certified commissioners. i I Mr. Clem reminds the public that there will he an Ai-port:Commission meting on December 15. On December 20, Mr. Clem will attend the Transportations &lard meeting. • ..He wished ills riti7unp of r,anoh,i —. 1....,-.... t...ra_ ` r. .. their stoves and chimneys. w. Mr. Kimball reported on the Listening Session and noted that,there will not be another one until January. He wished everyone a very Merry Christmas. • I i Mrs. Forester asked her fellow councilmembers to support Mothers Against Drunk Driving, by tieing red ribbons on the left side of their cars. She encourages everyone tolhake a healthy and safe holiday season and to please drive carefully. I Mr. Tolbert wished everyone a very Merry Christmas. i I i Minutes of December 13, 1988 Mayor's Report Mayor Sevila reported on the meeting before the Joint Legislative Committee in Charlottesville. Mr. Minor, Peter Stephenson and the Mayor attended this meeting, where the committee was receiving reports on the proffer process, as it functions throughout Northern Virginia j The Mayor gave a report on behalf of the town, requesting them to favorably consider the enabling legislation that would permit the town to assess impact fees at the time of development. The Mayor is not encouraged by the likelihood of any 1989 legislation on expanding this process. The Mayor received a complaint regarding the Tuscarora Creek along the area east of Harrison Street, that is overlaid with trash. Mr. Minor will look into this situation. Manager's Report Mr. Minor passed out to the Council, the town's annual Financial Report, which incorporates the town's annual audit for the year ending June 30, 1988. It also includes; financial projections, a summary of town accomplishments and an overview of town operations. Mr. York stated that this report is a statutory requirement and must be presented to the Council each year. It summarizes the town's finances for the last fiscal year, as well as providing the Council with a copy of the report from the town's auditors. The General Fund unreserved balance for the last fiscal year was $717,381. When the budget was prepared for the current fiscal year, a projection is usually made, as to what the fund balance will be at the end of that particular fiscal year. Staff thought that the fund balance would be approximately $549,000, this is an increase of$168,000. Considering the increased demands that the town has had in this current fiscal year for capital projects, this will be a source of funding for these projects. Revenues in the General Fund, last year, total $6,268,000, a 13.5% increase over the prior fiscal year. The bulk of this increase originated from property taxes, which was a 32% increase. Property taxes, last year totalled $1.7 million and are becoming a greater portion of the town's general fund revenues. Expenditures, last year, totalled $6.4 million, which is a 6% increase. The pollee department had the largest increase, last year, with a 31% increase. The utility fund, has consistently shown a remarkable financial performance. The town had revenues of$5.2 million in the utility fund, a 9% increase. The majority of this increase, came from availability fees. Expenditures in ithe utility fund totalled approximately $3.1 million, a 20% increase over the previous year. Mr. York explained that the town has received the Government Finance Officers Award for Certificate of Achievement for Excellence in Financial Reporting. He stated that he and his staff has worked very hard to achieve this award. Mayor Sevila stated that this award is a source, of a lot of pride to all of the town's councilmembers and to the Town of Leesburg. Mr. Minor stated that before Mr. York came on board, this report I never prepared. The town has gone from, not preparing a report, to preparing one that meets the highest standards of the GFOA. Mr. Minor spoke on the progress of the new municipal government center. He recalled that the town retained the firm of Scharff-Godfrey to monitor the design/development and construction drawing phases of the project, to keep abreast of the estimated costs. The town originally established a budget without a design of the building. This budget was what the design competition was based on. From the design development phase to the current construction drawing]phase, there has been a 17% increase in the estimate for the project. The engineering department will �be working with Hanno. Weber, to see if there are any adjustments that can be made to the project. There are a couple of items that contributed to the cost, one is the increase to the scope of the project. The parking spaces were increased by approximately 50. The other factor is the decision to phase.the project: • The historic district deserves a beautiful building, which the design competition has ensured. The construction drawinna aro neaontiolkr rn.nnlo+eel ti:a _ r1.C,_ta t., ia ��� Jaiit :j March. In terms of additional funding, the town has in its budget, a third bond issue under $5 million that will include refunding the funds that may be used for Dodona Manor, as well as additional funds that will come as a result of the town's balance of the general fund, capital program.- • i Legislation On motion of Mr. Tolbert, seconded by Mr. Clem, the following ordinance was proposed and unanimously adopted. 88-0-14 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING SWIMMING POOLS AND RELATED STRUCTURES 167 Minutes of December 13, 1988 WHEREAS, the Council on October 25, 1988, initiated amendments to the Leesburg Zoning Ordinance to allow pools and related structures within required minimum side and rear yards; and WHEREAS, a joint public hearing of the Planning Commission and Council was held on these amendments on November 22, 1988; and • WHEREAS, the Planning Commission recommended to Council approval of these amendments on December 1, 1988; and • WHEREAS, this amendment is in the interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg g •in Virginia as follows: • SECTION I. The Leesburg Zoning Ordinance is amended to replace the current text of Section 1B-5(c)9 in its entirety and replace this text with the following: • Section 1B-5(c)9 Swimming Pools • • A private swimming pool, not exceeding three feet above grade, is permitted in a required minimum side or rear yard to within six feet of a property line, as measured perpendiciilar from said property line to the outermost edge of the pool coping. Any associated walkway or deck, not exceeding three feet above grade, is permitted in a required miniinum side or rear yard to within three feet of a property line. A private swimming pool, or associated walkway or deck, exceeding three feet above-grade, shall not be permitted in a required minimum yard. Swimming pools shall not be permitted in front yards. Private pools not exceeding three feet above grade must be enclosed by an opaque fence with a minimum height of four feet. SECTION U. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid, the section as a whole or of any remaining provisions of the article. SECTION IV. This ordinance shall be in effect upon its passage. • Mr. Lovin stated that this ordinance will give relief to people that want to have swimming pools, but have the type of lot that falls into the old requirements. • Mayor Sevila stated that there is a tremendous burden that is placed on people who live in the town's old and historic district. Many limitations are placed on their already non-conforming lots. This is a reasonable solution and it is the kind of flexibility that the Council should be able to show in the regulations, as they apply to different parts of the town. •• Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 88-245 - RESOLUTION - APPOINTING AN ANNEXATION AREA DEVELOPMENT POLICY COMMITTEE WHEREAS, the Annexation Area Development Policies (AADPs), an integral part of the Annexation Agreement between the County of Loudoun'and the Town of Leesburg, provide for a joint policy committee composed of two rep:•esentatives Part of the town and county to establish a forum for • discussion, negotiation and amendments to the AADPs; and • WHEREAS, Potomac Crossing Limited Partnership has filed a concept plan/town plan amendment and the Town of Leesburg desires a boundary line adjustment to incorporate 34 acres to • accommodate the proposed dedication,of this acreage to the town to preserve this environmentally I I tive area: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Mayor Robert E. Sevila and Councilmember Donald A. Kimball are appointed to serve as the town's representatives to the AADPs Joint Policy Committee for a period co-terminus with their terms on the Council • I • I ) . 168 Minutes of December 13, 1988 SECTION II. This committee is authorized to negotiate, on behalf of this Council, a boundary line adjustment agreement with the County of Loudoun relative to the 34- acre tract. Mayor Sevila said that this legislation was indeed timely,; he is hopeful that the County will respond and that the town can begin this process. Aye: Councilmembers, Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by-Mr. Clem, the following resolution was proposed and unanimously adopted. 88-249 - RESOLUTION - PROCLAIMING APRIL 17 AS THE OFFICIAL'ARBOR DAY FOR THE TOWN OF LEESBURG WHEREAS, trees are a valuable resource; and WHEREAS, the planting of trees can enhance the beauty of our town, contribute to energy conservation, clean air, pure water, attenuate noise, and serve as an important resource for future generations; and - WHEREAS, Arbor Day marks a time to consider and appreciate the value of trees among all the residents of the community; and WHEREAS, the Town of Leesburg designation as a Tree City USA is a goal of the Town Council and Environmental Advisory Commission; and WHEREAS, a formal observation of Arbor Day is a required standard for Tree City USA eligibility: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: April 17 is hereby proclaimed as the official Arbor Day of the Town of Leesburg. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted. 88-250 - RESOLUTION - ADOPTING A MINORITY AND WOMEN BUSINESS ENTERPRISE PLAN FOR FAA FUNDED PROJECTS AT LEESBURG MUNICIPAL AIRPORT WHEREAS, the Town of Leesburg has been approved by the Federal Aviation Administration (FAA) for financial assistance to update the master plan for LeesburgMunicipal pal Airport; and WHEREAS, the town wishes to comply with federal regulations regarding increased participation by minority and women business enterprises in federally assisted contracts: I • THEREFORE, RESOLVED by the Council of the Town of Leesburg lin Virginia as follows: SECTION I. The following is the Minority and Women Business Enterprise Plan for Leesburg Municipal Airport: II i • LEESBTJRG MUNICIPAL AIRPORT MINORITY AND WOMEN BUSINESS ENTERPRISE PLAN 1. Policy Statement It is the policy of this organization to utilize Mnrarity and Women Business Enterprises in all aspects of contracting. This commitment can be demonstrated by the efforts taken in the development of this plan and in our local contracting pr0cedures',which have been developed, as well as in our existing working relationship with the Virginia State Office of Minority Business Enterprises. The Town of Leesburg takes the MBE/WBE responsibility seriously and will endeavor to comply with all aspects of this plan. 2. 1/1318012 Officers The following person has been assigned the responsibility to develop, manage and implement the Minority and Women Business Enterprise Program: I Steven C. Brown, Assistant Town Manager, (708) 777-2420. Cm 169 Minutes of December 13, 1988 . t • 3. lemority Business Enterprise Directory I An Business En oto-date MBE/WBE is available from the Virginia Office of M ino ' ty terprises and the Omega Group. AU bidders and J opoeers will be referred to these on borganizatioy.�e E upon request. Certification of these MBE:VBE's Will be done 4. Determinationof Eligibility A written certification from the MBE/WBE ;itself will be req legitimate minority or women business or joint venture: 1uiredstating tied.ii is a 5. Minority and Women Enterprise a els A establishedThese percentage of dollar goals on each airport Int prim project will be pending federal goalspercentage follows: and itractmre at the airport For the Project, that Minority Female 10% 2% The percentage of dollar goals above are a result of an analysis of the mmiberMBEs availahle and the specialized contracting potential identified Since our pro 'posed Al? project involves rather spe ^l request thesis,assthesta goals of for ff r minority and female paeticipation may beambitious. Howeverwe %-,t- . -, to our normal procedures detailed in Item in end ‘ring to meet ow goals; in addition I o State Office of Minority Business Enterprises, Virginia State University Box 00 Petersburg, VA 23808 o Omega Group Curtis M. McMeekin, ^ProjectDirector j Suite 320 , 555 4th Street, N.W. Washington, D.C. 20001 The following goals have been established for lease opportunities on the airport;' bTinori Femme 5% 5%: 1 8. Procedures toEnsue an Ooomtnj , to MBE E ' The following procedures will be utilized in our efforts to obtain Minority and Women Business enterprise Participation: o Invitations to MBE/WBEs to attendbid' o Advertise 20 days before bids or Prete. o Provide writtnotice to MBF✓W$P Es thaposalst ire requested en o Maintain a list of MBE/WBEe to be rnd.ntsmemteretheiris solicited. o Provide MBFJWBE& with informationI Io on pine and specifications. 7• IIH went on the arattact eg,r rest IA be ti�a� ;. be,tr�r ser to tLdozed oMeet the 'OBTj will be dozed to meet the 1 contract goal. all The federal grant for this project will be issu• ed. ;P1, 18fg. MBE/WBE plan will be effective from October, 19B8 ' fiber Therefore, this 1 � . 18�. Airport SECTIONshall e IL This Minority and Women busineS Enterprise PlaHi j n foil Leesburg,Municipal automatically repealed at the time FAA regulations no longer require a specific program for minority and women business enterprise participation:in federally assisted contracts. • Mayor Sevila said that this is an FAA requirement land that anytime there was an FAA funded project, the town has to adopt a resolution establishing'minority and women policies have to be followed. hiring practices and the Lr' Aye: Cmm�embera Clem, Forester, o4 Kimball, Lovm Mulokey, Tolbert and Mayor Sevila Nay: None 1 . . \ 170 Minutes of December 13, 1988 On motion of Mr. Clem, seconded by Mr. Tolbert, the following items were proposed as consent items and unanimously adopted. 88-251 - RESOLUTION- AUTHORIZING LEASE EXTENSIONS FOR THE POLICE DEPARTMENT WHEREAS, the Town of Leesburg's lease of Unit 5 at the Leesburg Square Condominiums expires January 31, 1989; and WHEREAS, the Town of Leesburg's lease of Unit D at the Leesburg Square Condominiums expires January 31, 1990; and WHEREAS, permanent space in the new municipal government center will not be,available until the summer of 1990: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute leases with the owners of Unit 5 and Unit D in the Leesburg Square Condominiums under the general terms and conditions outlined in a memorandum to the Mayor and Council dated December 1, 1988, for a term expiring July 31, 1990, with an extension option to be exercised if delays occur in completion of the new municipal government center. 88-252 - RESOLUTION - AUTHORIZING TOWN ATTORNEYS TO FILE A PETITION FOR CONDEMNATION TO ACQUIRE AN AVIGATION EASEMENT FOR THE SOUTH RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT WHEREAS, Resolution No. 88-199 authorized condemnation proceedings to acquire an avigation easement for the airport's runway extension; and WHEREAS, authorization to condemn is required; and WHEREAS, the Town of Leesburg has determined that certain avigation easements are required for the efficient operation of the Leesburg Municipal Airport; and WHEREAS, one of the easements affects the land standing in the name of Mark Eaton, Trustee, but the title examination raises serious questions of ownership and whether Mark Eaton, trustee, has good title thereto; and • WHEREAS, since there is no one who can convey clear title to the easement, a bona fide offer would be fruitless: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: The Council hereby declares that an essential public convenience and necessity exists requiring entry upon the property prior to the determination and deposit of the amount of just compensation, and does hereby authorize the town attorney to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of$14,000, payable to the Clerk of the Circuit Court in Accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. 88-253 - RESOLUTION - AUTHORIZING AN 010F.JR TO KENNETH F. McKEEHAN FOR THE ACQUISITION OF AVIGATION EASEMENT NEEDED FOR THE SOUTH RUNWAY EXTENSION AT THE LEESBURG-MUNICIPAL AIRPORT AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the town's Capital Improvements Pro P P gram and the adopted Airport Master Plan call for a runway e—tension to a total length of 5500 feet to attract'corporate aircraft, and • WHEREAS. the 1(10n fnnf aha +a H.,, —web L..r t-.. __,:t„a. .,.a • WHEREAS, the FAA requires purchase of land and easements necessary for the extended clear zone prior to construction of the southern 1000 foot extension; and' WHEREAS, 22 of the 39 acres needed have already been purchased; and WHEREAS, the FAA has authorized the process used to establish the value of the remaining property south of the airport; and WHEREAS, the FAA recommends fee acquisition of avigation easements over a parcel of land owned by Kenneth F. McKeehan; and r17� �I Minutes of December 13, 1988 WHEREAS, the FAA and Commonwealth of Viiginia will fund 95% of the costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Kenneth F. McKeehan is hereby offered the'sum of$11,000 for the purchase of the clear zone approach easement, more or less shown on the attached plat of Ross, France and Ratcliff, Ltd., dated November 11, 1988, on condition that title' to the land affected is free and clear of all defects, liens or encumbrances. The easement will be conveyed according to the plat and description above by good and proper deed, with the usual warranties of title within thirty (30) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. SECTION II. In the event this offer is not accepted in writing within-thirty (30) days from receipt, the Council hereby declares that an essential public convenience and necessity exists requiring entry upon the property prior to the determination and deposit of the amount of just compensation, and does not hereby authorize the town attorney to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of$11,000 payable to the Clerk of the Circuit Court in accordance with Section 25- 46.8 of the 1950 Code of Virginia, as amended. :1 88-254 - RESOLUTION- ENDORSING THE PARKS AND RECREATION ADVISORY COMMISSION it 1989 WORK PROGRAM d N WHEREAS, the Parks and Recreation Advisory Cammigsion'has developed a comprehensive list °F` of work objectives for 1989; and i .tI- c WHEREAS, these objectives are summarized as follows: 1. Assist with the development of a town park ordinance. 2. Review concept plans of Potomac Crossing Park. 3. . Review development plan of Exeter Park ballfield. ' 4. Participate and assist with the Greenway Study conducted by the National Park Service. 5. Assist with the update of the Town Plan concerning parks and recreation I 8. Participate in the department's speakers bureau byjgiving at least one talk to a civic or community group promoting parks and recreation. 7. Publish an annual report for council, administration and citizens on parks and recreation accomplishments. 8. Assist with the quarterly publications of"Leesburg at Leisure'. 9. Assist with.special events conducted by the parks Id recreation department. 10. Review and make recommendations as a result of the recreation interest survey conducted in the Fall '88 issue of"Leesburg at Leisure". 1 11. Make recommendations for budget considerations tol the Director of Parks and Recreation. 12. Assist with the development of the capital improvements! mp,ove lents! plan (CD?). 13. Assist with the development of r 'glita cat do2" to encourage donations from citizens, groups, OrFanizatinrn argi Ir".Qrta"-.s - t 14. Assist with,the written rlPvelnnr.,.n*, r..r..wre..♦ ,. ,.r7.+r t __ _n _._ Leesburg and Loudoun County. �i _ j ___.._cam ,u w' - WHEREAS, Council has reviewed these objectives and is II I complete agreement as to their appropriateness: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Parks and Recreation Advisory Commission's 1988 objectives are hereby supported and endorsed as consistent with the parks and recreation goals of the town. a I 1 1 rn :. Minutes of December 13, 1988 88-255 - RESOLUTION - GRANTING THE PLANNING COMMISSION AN EXTENSION TO FEBRUARY, 1989, FOR REFERRING COMMERCIAL AND RESIDENTIAL ZONING DISTRICT REGULATIONS AND AUTHORIZING THE COMMISSION TO INITIATE REVISIONS TO ARTICLES 8 AND 15 OF THE LEESBURG ZONING ORDINANCE WHEREAS, revisions to Leesburg's commercial and residential zoning districts were initiated in 1986 and 1987 respectively by Town Council, in an effect to combine and reclassify the existing Town and Loudoun County districts into a single ordinance; and WHEREAS, the Mayor on August 18, 1988, reaffirmed the importance of these amendments and requested that the Planning Commission forward their recommendations to Town Council by December 15, 1988; and WHEREAS, despite the diligent efforts of the staff the Zoning Committee and the Comprehensive Plan Committee of the Planning Commission is attempting to meet this deadline, additional time is needed to prepare their recommendations; and WHEREAS, additional amendments to related Article 8 and Article 15 of the Leesburg Zoning Ordinance are required as part of the comprehensive revisions being sought: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Planning Commission is hereby granted Ian extension of time until February 2, 1989 to prepare its recommendations on commercial, residential and related zoning ordinance amendments. SECTION II. The Planning Commission is hereby,authorized to initiate amendments to related sections of the Leesburg Zoning Ordinance; namely Article 8 relating to Cluster Development and Special Exceptions and Article 15 relating to defniti ons, which are an integral part of the comprehensive revisions being sought by Town Council • 88-256 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR ZONING ORDINANCE AMENDMENT TO THE PDH DISTRICT' RESOLVED by the Council of the Town of LeesliurgVirginia in as follows: A Notice of Public Hearing to consider a zoning ordinance amendment to the Loudoun County Zoning Ordinance as adopted and administered by the!Town of Leesburg to amend the Planned Development Housing District shall be published in the Loudoun Times-Mirror. !The notice shall be published 6n January 5, 1989, and January 12, 1989, for'public hearing on January 24, 1989, at 7:30 p.m., in the Council Chambers, 10 Loudoun Street, S.W.;Leesburg, Virginia. I 88-257 - RESOLUTION - ENDORSING THE PLANNING COMMISSION WORK PROGRAM WHEREAS, the Planning Commission approved a work p j gram for the balance of fiscal year 1988-89 on November 17, 1989; and WHEREAS, the Town Council has reviewed the Planning!Commission work program and is in complete agreement as to its appropriateness; and WHEREAS, the work program includes the following goals: • 1. Continue to assist in the revision of Leesburg's zoning ordinance and land thwelopment regulations to ensure consistency with the goals and objectives of the Town Plan. These worts include, but are not limited to: a. Revise off-street parking regulations b. Revise special ezceptirou regulatitne. q. ! Revise and clarify, building height standards. d. Revise the definitinns w.4!Q! nt he fn„;.:.. e. Consider adding a requirement ement of notify Property owns when Ian applications are filed. I development f. Revise 'Duties of the Planning Commission', Section 10-3 of the Zoning Ordinance, to ensure consistency with Section 15.1-444 of the 1950 Code of Virginia, as amended, 'Duties of the Commission'. 2. Take a more active and interested role in the formulation lief the Capital!Improvements Program. 3. Work with staff wI mP an in-house or;eatetiaa and training program'for new comm;amaa members. I , I1 173 Minutes of December 13, 1988 H- f 4. Participate in APA, Northern Virginia Planning District Commission and Virginia Citizens Planning Association and other professional organizations which promote the continuing education of the commission members. 5. Evaluate the effectiveness of and make necesasry improvements to the committee system. 8. Work with staff to develop measures that facilitate the Commissions' knowledge of the status of subdivision and development plan applications. • 7. Revise and update Planning Commission By-laws i Ii 8. Encourage cooperation and the development of better channels of communication with the members of other Town commissions. I 9. Continue to educate and inform the public on the implications of long-term and short-term planning activities of the Commission. 10. Have in-house training sessions.conducted by outside professionals on tmderstanding group dynamics and other topics that will assist the Commissioa to work more effectively as a team. 11. Submit an Annual Report to the Council concerning the I ration of the Commission and the status of planning within the Town consistent with Section 15.1-444(e) of the 1950 Code of IC Virginia, as amended. 1 et I N 12. Endorse and assist with the Town Plan update: w G 13. Continue to monitor and review county, regional and state development,activity applicable to land use and development issues in Leesburg. 14. Monitor and review county, regional and state transportation planningprogramsto ensure consistency with the goals and objectives of the'Town Plan. 15. Encourage the updating of all development application fonts i ' ' 18. Encourage the publishing of the Quarterly Development RI eport• 1 17. Support the implementation of improved Planning Department mapping capabilities 18. Continue to work with the staff to insure that new development I rovid i I adequate parking in a manner consistent with town ordinances. 19. Continue to review applications requesting special exception, development plan and subdivision plat approval• I 1 f i ' I THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virgin as follows: The Planning Commission work program for the balance of I fiscal year 1988-89 is hereby supported and endorsed as being consistent with the objectives of the Town. ' 88-258 • RESOLUTION- AUTHORIZING A CONTRACT,WITH SIERRA SITE DEVELOPMENT, INC., FOR CONSTRUCTION OF THE TUSCARORA CREEK INTERCEPTOR SEWER PROJECT WHEREAS, the 1987 draft Water and Sewer Master Plan, prepa-ed by Comp Dresser&McKee engineers, identified the existing Tuscarora Creek Interceptor Sewer as :nadequate to meet cu:,'ent and future needs of the Town of Leesburg and 1 i 1 WiiEREAS, this plan recommended construction 4a neer 21'sail-diary Es:wr:;intt!cnptot-fir_°1c1 to the existing Tuscarora Creek Interceptor Sewer; and WHEREAS, the Town of Leesburg duly advertised and received bids onlNovember 30, 1988, from 12 perspective contractors to provide construction,services 1 in accordance, with published bid documents and pursuant to State and local procurement laws; and I I I , WHEREAS, the lowest responsive and responsible bidder was i Sierra Site Development, Inc., of Chantilly! Virginia, in the amount of$422,890.00; and ; I 1 I 174,- . Minutes of December 13, 1988 WHEREAS, the fiscal year 1989 budget, as adopted by Council includes an appropriation of $636,000.00 for this project: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manger is authorized and directed to enter into a contract on behalf of the town, in a form approved by the town attorney with Sierra Site Development, Inc., in the amount of$422,890.00 for construction of the Tuscarora Creek Interceptor Sewer Project. ' 1 88-259 - RESOLUTION - CANCELLING THE SECOND!COUNCIL AND COMMITTEE MEETINGS AND EXTENDING THE CHRISTMAS HOLIDAY BY ONE HALF DAY FOR TOWN EMPLOYEES " WHEREAS, the Council's Administration and Public Works Committee and Planning and Zoning Committee are scheduled to meet on December 21; and ' WHEREAS, the full Council is scheduled to meet on December 27; and WHEREAS, these meetings will interfere with the observation and celebration of Christmas; and WHEREAS, the town's personnel manual would require employees to report to work until 12:00 noon on Friday, December 23: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: I ' SECTION I. The Council's committees scheduled to meet December 21 and the full Council meeting scheduled for December 27 are cancelled. SECTION II. The one-half day "Christmas Eve"1 holiday authorized in the town's personnel rules is extended to include the entire day of December 23, 1988. SECTION III. The manager is directed to publish a notice of the revised Council and town office schedule in the Loudoun Times-Minor. i 88-260 - RESOLUTION - ACCEPTING PUBLIC! IMPROVEMENTS: RELEASING THE PERFORMANCE GUARANTEE AND APPROVING MAINTENANCE AND PERFORMANCE GUARANTEES FOR PUBLIC IMPROVEMENTS, FOR THE WARD COMPONENT PLANT WHEREAS, Ward Corporation, the developer of Ward Components Plant has completed the on- site public improvements in accordance with approved plans and town standards, and these have been inspected and approved; and WHEREAS, completion of improvements to Route 643 which the developer is responsible for constructing has been delayed; and I WHEREAS, improvements to Route 643 will be jointly constructed with a Town of Leesburg Capital Project in the Spring of 1989: I •J THEREFORE, RESOLVED by the Council of thel1iTown of Leesburg in[Virginia as follows: SECTION I. The irrevocable letter of credit from Enterprise Bank in the'amount of$53,742.00 is released, and a new letter of credit for a maintenance guarantee in the'amount of$10,960.00 in.a form approved by the town attorney is approved, and shall be in•effect fox:. i riod,of one year-from this date. SECTION H. A new letter of credit to guarantee the improvements to Route 643 in the amount . of$34,302.00 in a form approved by the town attorney is approved!and shall te!'in effect for'one year from this date. SECTION III. This release is contingent upon delivery of'a properly, executed instrument conveying unto the Town all such improvements.and easements free of any liens or changes. 88-261 - RESOLUTION - ACCEPTING PUBLIC I II�ROVEMENTS:I 1 RELEASING THE PERFORMANCE GUARANTEE AND APPROVING'A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS IN FOXRIDGE SUBDIVISION SECTION 2 WHEREAS, Pulte Home Corporation, the developer•of Foxridge Section 2 has completed public improvements in accordance with approved plans and town standards, and these have been inspected and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Minutes of December 13, 1988 ' SECTION I. The irrevocable letter of credit from First American Bank in the amount of $985,852.00 is released, and a new letter of credit for 'a maintenance $49,293.00 in a form approved by the town attorneyis ' guarantee � the amountrioof approved and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon l delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or changes. I 88-262 - RESOLUTION - MAKING A REDUCTION INITHE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE BROOKMEADE • CONDOMINIUMS I ! WHEREAS, the Town's Director of Engineerings and Public Works has reviewed the public improvements installed to date for the Brookmeade Condominiums and certified that the value of work performed is $207,318.00; and III WHEREAS, an irrevocable letter of credit froth First American Bank in the amount of $306,000.00 has been provided by the developer and approved by'Council to guarantee installation of public improvements for the Brookmeade Condominiums: j THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from First! American Bank in the amount of E $306,000.00 is reduced to $98,682.00. 1 • N SECTION II. The Town Manager shall notify the!developer that liability for the letter of credit °-`- funds has been reduced as outlined in Section I of this resolution, and that this reduction does not 'r-' constitute acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in the contract for public improvements for the Brookmeade Condominiums. 88-263 - RESOLUTION - MAKING A SUPPLEMENTAL APPROPRIATION FOR EMPLOYEE PERFORMANCE BONUSES ! WHEREAS, on November 22, 1988, this Council amended Section 12.1-17(c) of the Town Code to provide for the award of performance bonuses in amounts up to $1,000 as determined by the I manager; and ! i WHEREAS, the General Fund Budget for the fiscal year ending June 30, 1989, provides funding in the amount of$5,000; and j WHEREAS, to properly implement this new Irformance bonus r g appropriation ' P Nom a ber supplemental0, 198 pp copyfion is required as was mentioned in the memorandum i Council datedNavember 10, 1988, as of which is attached: THEREFORE, RESOLVED by the Council of the Town off Leesburg in Virginia as follows: . SECTION I. A supplemental appropriation in the amount of $5,000 is authorized from the General Fund Unappropriated Fund Balance to Account No. 200.9100.100.080, Performance Bonuses. SECTION H. A supplemental appropriation in the I Amount of$376 authorized from the General Fund Unappropriated Fund Balance to Account No. 200.9100.200.011, FICA. Aye: Councilmembers, Clem, Forester, Kimball, Levin, Mulokey, Tolbert and Mayor Sevila Nay: None New Business 1 Mawil r SevBak?. thF"_ a lri e: ren :r:.aived from Peter .4 D�nuiog sett tag forth what areas of town, if any, should 'Di eioac6 off ani.; to what extent, for the First Night Leesburg. r II On motion of Mr. Tolbert, seconded by Mrs. Forel i,the following resolution was proposed and unanimously adopted. 11 88-264 - RESOLUTION- AUTHORIZING CLOSING OF KING STREET BETWEEN LOUDOUN AND CORNWALL AND MARKET STREET BETWEEN. CHURCHiIAND WIRT STREET DURING THE "FIRST NIGHT LEESBURG" NEW YEAR'S EVE CELEBRATION I I ,I WHEREAS, the FY 1989 budget for the Town of' Leesburg includes an appropriation in the amount of$1500 as a contribution to assist with expenses'for the "First Night'Leesburg' New Year's Eve celebration; and IJJ{ festivitiea; and WHEREAS, this event is a safe, non-alcoholic alternative to traditional New Year's Eve • ; 1 2.11- Minutes of December 13, 1988 WHEREAS, this event promotes the economic development of'downtown Leesburg and WHEREAS, Tint Night Leesburg" offers ibignifirant cultural and entertainment opportunities to Leesburg's citizens; and • WHEREAS, the Tint Night Leesburg" committee has asked that King Street between Market and Cornwall and Market between Church and Wirt be closed to traffic during the event to help stage some of the entertainment activities: , THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Tint Night Leesburg'is endorsed as a family alternative to traditional New Year's Eve celebrations. l • SECTION H. The manger is authorized to issue a permit, under Section 10-13 of the Town Code, to the"First Night Leesburg"committee to close King Street,between Loudoun and Cornwall and Market, between Church and Wirt, on December 31, 1988 be,ween 7:45 p.•n. to 12:15 a.m. for the final event of the festival. , SECTION III. The dosing of King and Market Streets shall also be conditioned on receipt of a $500,000 public liability insurance policy, naming the town as an additional insured, with respect to insuring the town against any liability for personal'injury: or death and damages to property occurring as a result of the use of Leesburg's streets for Tint Night Leesburg'. 1. Mayor Savile said that First Night Leesburg is a festival environment and promotes the success and effect that Council is trying to promote for the towns and the arts. Mr. Mulokey attended First Night Leesburg, last year, and enjoyed it very I much. He feels that the closing of the streets does contribute to the atmosphere. He does not see how closing of the streets for First Night Leesburg, for an extended period of time, would be anymore detrimental to the publichood, then dosing the streets for August Court Days. He supports Mr. Dunning's recommendation that both streets be closed for the period of time, specified. Mr. Lovin also attended last year's festivities and supports dosing the streets and times. Mr. Clem stated that he does not have a problem with the street closing and times. Mr. Kimball favors the complete request of the closing of the streets and times. Mrs. Forester agrees with the street closing and times. Mayor Sevila also supports this. Aye: Councilmembers Clem, Forester, Kimball,;Lovin, Mulokey, Tolbert and Mayor Sevila Nay. None • Mayor Sevila read the following. • The County of Loudoun has issued a request for *pose' for the creation of a new consolidated county government administrative complex that may be located outside of the corporate limits of the Town of Leesburg, and I I WHEREAS, the undersigned wish to assist the Town.of Leesburg in its endeavors to retain the county offices within the corporate limits of the Town of Leesburg. I We the undersigned associate ourselves as a C,or4no ttee for Keeping the County Complex in Leesburg. We hereby establish the following officeia fog orziation of the affairslof this committee. I The committee is authorized and empowered to take all reasonable steps lnecessary to assist in facilitating the objectives of the committee. November 26, 1988. ;) I Gerald A. Parker I I ' Reginald K. Gheen II I Norman Myers • • II • The Mayor said that this was the third volunteer.organization that has'been created for the purpose of drawing public attention to, and putting some'pressure on the county, to retain Leesburg as the County of Loudoun Seat. It is a very critical item. I On motion of Mr. Tolbert, seconded by Mr. Clem)the meeting was alub'ournecL Robert E. Sevila, Mayor Clerk of Council.