HomeMy Public PortalAbout1989_01_10 177
MINUTES OF REGULAR MEETING OF I.RFSBURG TOWN COUNCIL, JANUARY 10, 1989
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun
Street,S.W., Leesburg, Virginia, on January 10, 1989, 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 Councilmember William P. Mulokey. Present were Mayor Sevila; Counalmembers James Clem;
Christine Forester, Claxton Lovin; William Mulokey and Vice-Mayor John Tolbert, Jr. Staff members
present were Town Manager Jeffrey H. Minor, Assistant Town Manager Steve Brown; Director of
Engineering and Public Works Thomas A Mason; Director of Planning, Zoning and Development Kat
Imhoff; Director of Parks and Recreation Gary Huff and Deputy Town Attorney Deborah C. Welsh.
Councilmember Donald Kimball was absent.
No minutes of past meetings were offered for approval.
PETITIONERS I
The item scheduled for public hearing had been withdrawn. Therefore the floor was opened for
other petitioners.
Steve Williams, owner of Williams 66 in Leesburg, requested permission to change the sign at his
service station, which has been a Phillips 66 station. Since Phillips 66 has pulled out of this area, he
had to go to another type of gas, which is Citgo. His application for a permit to change the sign has
been denied. He could be given a permit to re-face the existing sign, but this cannot be done because of
the difference in the two logos. He has been told that his grandfather clause has run out. The alternative
of erecting a conforming sign would be to move ten (10) feet off the road F
Mr. Minor stated that Mr. Williams can erect a conforming sign, but town regulations, which
mirror state law, prohibit changes in a nonconforming sign. He offered to give the Council a full report
at a future meeting and copy all prior correspondence concerning this matter. There are at least four(4)
non-conformities involved in this situation. i
This matter was referred to the Administration and Public Works Committee which will meet on
Wednesday, January 18.
' COUNCILMEMBER COMMENTS
Mr. Mulokev shared an experience from the Listening Session. Mr. Vernon Davis, of 308 S. King
Street,had related that when the shopping mart was built across the creek from his property some years
ago, the builder, Mr. Pearson, took the time to come to his home after the lights,had been installed to
see if they were creating any problems for Mr. Davis. When Mr. Pearson realized that the lights were
indeed creating a nuisance, he remedied the problem immediately at his own expense.
Mr. Lovin expressed appreciation to those involved in making First Night Leesburg a success.
Although he was unable to attend, reports have been very'positive and it is considered the best yet. He
reported that he attended the Leesburg Volunteer Fire Department Award Night and Installation. There
he heard impressive statistics from the past year which indicate commendable service from all those
involved. He also expressed thanks to Chief Kidwell and the Leesburg Police Department for recent
action in apprehending a suspect in several break-S. Several off-duty policemen worked overtime in
order to accomplish this.
Mr. Clem echoed Mr. Lovin's remarks regarding First Night Leesburg. So much was offered in
the way of entertainment that it was difficult to see it all. He expressed a wish for a Happy New Year
for all citizens of Leesburg. At the Airport Commission meeting on December 15, 1988, Mr. Ralph
P
Stanley, Toll Road Commissioner, gave a briefing on the $120 million project, saying that they are going
for alignment and should have that approved in January, after which they can!apply for permits. Tolls
for the road will be set by the State. Construction could be completed by 1991: if everything goes as
planned. Jim Haynes has proposed that he host the next Airport Commission meeting at the airport.
Steve Brown brought the Commission up to date on the acquisition of the land for,the airport extension.
The problem of citizens driving on the taaiwaya and runways was reported. I Funds are available for
fencing, but until this can be done, they request additional police attention to aids problem. Another
concern was the erection by WAGE radio of two radio towers. A request was made that the possibility
of having WAGE installing strobe lights on these towers be examined Mr. Clem;reported that he had
enjoyed working with Mrs. Taylor, paralyzed since 1985 due to a stroke. She had three immediate needs
1) transportation; 2) a companion; 3) a computer so that she could go into business for herself. Working
through various agencies, churches, businesses and individuals, these needs are on the way to being met.
She has established a business, Rent A Clerk, and is ready and willing to accept business referrals.
Contact Mr. Clem or Karen Reeto of Rehabilitation Services to get information about her business.
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Minutes of the regular Town Council meeting =January .10, 198111 page 2
Mrs. Forester said that she had also attended the Leesburg Volunteer Fire Department Award
Banquet and expressed her appreciation to Mr. Clem and members of the Volunteer Fire Department
especially for the emphasis on education of children and the great program they put on using Sesame
Street characters. She attended the Saturday Listening Session, and pointed out that Mrs. Hetzel
had expressed interest in trying to get the Farmer's Market kicked off. On January 9 the Planning
Commission held a joint public hearing with the Board of Zoning Appeals on the Fort Evans
Shopping Center special exception, which was approved in the early hours of the morning. She
expressed appreciation to the Commission, the Deputy, Town Attorney and the Planning Staff for the
' job they did with this very difficult application, :doing the best job possible under the circlumstances.
Mr. Tolbert expressed regret that bad weather prevented his attending the LeesburglVolunteer
Fire Department Awards Banquet. He also reported that he attended the Listening!Session.
MAYOR'S REPORT
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Mayor Senile reminded Councilmembers that the Virginia Municipal League Legislative Session is
scheduled for February 2 and encouraged Councilmembers to sign up for that. There are a number
of items on the legislative agenda of particular interest to!Leesburg. Regarding Dodona Manor, he
reported that the Preservation Society is planning a trip to Richmond on January 16 to show support
to the Senate Finance Committee of the town's request for some financial support from the state
legislature this year to help in acquiring Dodona Manor. Interested persons are invited to take part.
Mayor Sevila expressed appreciation to Vice-Mayor Tolbert for filling in for him while he was out of
town for a period of time during the holidays. Regarning the Volunteer Fire Department Awards
Banquet, Mayor Sevila expressed gratification at being able to authorize the delivery of a check for
$31,500 as a token support to their enormous budget. !They do a tremendous job and are to be
commended. In closing his remarks, he expressed wishes'for a good new year in the day'to day work
and in the special projects facing the town in the future.
Mr. Clem thanked the Town for their support. He}pointed out that two students'have been
accepted into George Mason University as a part'of their education program.
MANAGER'S REPORT
Mr. Minor commented on the Activity Report'released Ito the Council on Monday, January 9. He
reported that Carole Poland has been appointed'Deputy Town Clerk. Sandy Wanless,' who has held
that position, will become secretary to the Director of Parks and Recreation.
Regarding the Fort Evans Shopping Center Special Exception, he announced that there would be
a news release issued on Wednesday, January,11; regarding this. This is a watershed land use action
by the Planning Commission and the Board of Zoning Appeals involving,the largest piece of
unproffered commercial zoning in the county. The town inherited this problem and has made the
best a difficult situation. He expressed appreciation for the efforts of those involved. The special
exception has substantial conditions attached and:the uses which were approved as part of the special
exception are entirely compatible uses and uses that are, in our zoning district, thereby right. The
major condition attached was the granting of the necessary right-of-way,to construct one of the four
legs of the diamond interchange. The applicant was under no obligation to reserve that land to the
Town. Through this special exception process an important precedent has been set which I will aid in
obtaining the right-of-way for the other three lege. .The one condition is that the Town; appropriate
funds for construction within the next twenty (20) years. In addition, the preliminary•development
plan on this property resulted in $1.3 million of public improvements to Edwards Ferry Road and
the Bypass which are not ordinarily required. While traffic will be generated, transportation
improvements have been assured which will be extremely beneficial to the Town.
In response to an inquiry by Mrs. Forester, Mr. Minor stated that the vacant position on the
Planning Commission has been advertised in the newspaper. The advertisement also mentioned all
the other commissions and requested that interested persons submit their resume.
Mr. Minor introduced Kat Imhoff, new Director of Planm�gI ring, Zoning and Development, and
welcomed her to the Town staff. He expressed appreciation for the good job she is already doing,
making herself known in the community and making an effort to meet each member of the Planning
Commission.
Mayor Sevila welcomed the media and expressed appreciation for their interest. The Town is
fortunate to have this broad a coverage. rl
LEGISLATION • ,I p
On motion of Mr. Clem, seconded by Mr. Tolbert, the following ordinances and resolutions were
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Minutes of the regular Town1Council meeting - January 10, 1981 page 3
proposed and unanimously adopted with Mr. Kimball absent:
89-0-1 - ORDINANCE - ADOPTING THE MODIFICATION REQUEST FOR MODIFICATION
APPLICATION #ZM-104 BY AMURCON LEESBURG CORPORATION
WHEREAS, Article 7, Section 700.2 of the Loudoun County Zoning Ordinance as adopted and
administered by the Town of Leesburg permits modification of the Planned Development regulations
when "actions, designs, or solutions proposed by the applicant, although not literally in accord with
these special regulations or general regulations, satisfy public purposes to at least anequivalent
degree;" and
WHEREAS, Amurcon Leesburg corporation requested the modification of Article 17, Section
702.2.4 to establish a building setback/landscape buffer of 50 feet along the eastern and western
property lines, for property identified as Parcel 21 on Loudoun County Telt Map 49;;and
WHEREAS, Modification application #AM-104 by Amurcon Leesburg Co
rporatioI was received
and referred by the Town Council to the Planning Commission for public hearing on'July 12, 1988;
and
WHEREAS, the Planning Commission held.a public hearing on this application on September 1,
1988; and I
WHEREAS, on September 15, 1988, the Planning Commission recommended nded approval of this
application conditioned upon the written agreement of Mr. James D. West! Director of Development
for Amurcon Leesburg corporation dated September 9, 1988; and �
WHEREAS, the Town Council held a public hearing on this application on November 8, 1988;
and
WHEREAS, this application was deferred until it could be determined that
t the proposed
dedication for the future East Battlefield Parkway as shown on the landscaping and buffer plan
conformed to the alignment recommended by the East Battlefield ParkwayiAlignment' Study; and
WHEREAS, having received and reviewed the East Battlefield Parkway{Study it was determined
that the recommended alignment #4 does not conflict with the proposed modification I request as
submitted; and
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WHEREAS, the proposed 60-foot building setback and landscape buffers as conditioned satisfies
public purposes to at least an equivalent degree as the otherwise required 150-foot permanent open
space buffer.
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THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Loudoun County Zoning Ordinance as adopted and administered by the Town
of Leesburg is amended to modify Article 7, Section 702.2.4 of the PDH-30 zoning for a 37-acre tract
of land identified as Parcel 21 on Loudoun County Tax Map 49, located south of Fort Evans Road
Extended approximately one-quarter mile east of the Route 15 Bypass, to establish 50-footlbuilding
setbacks and landscaped buffers along the east andwest property lines in accordance with I the
Tuscarora Hills Landscaping and Buffer Plan dated June 23, 1988 prepared by Huntley, Nyce &
Associates, P.C. this modification is conditioned upon the following requirements, agreed to in writing
by Mr. James D. West, Director of Development for Amurcon Leesburg Corporation on September 9,
1988:
1. Amurcon will provide at least a 25-foot wide landscape open space buffer in addition to the
Virginia Power Company easement. However, not less than a 50-foot building setback land
common open space buffer will be provided along the eastern property line;
2. Amurcon agrees to provide a 50-foot wide common open space buffer including a 25-foot wide
landscape buffer along the western property line; '
3. No lots, buildings, roads or parking areas may be located within the common open space
buffers;
4. Amurcon will provide a naturalized planting scheme of grouped plantings within the 25-foot
wide landscape buffers. i
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SECTION H. This ordinance shall be in effect upon its passage.
89-0-2 - ORDINANCE - AMENDING SECTION 9A-14(2) OF THE LEESBITRG ZONING
REGARDING BUFFER YARDS ON RESIDENTIAL LOTS I
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Minutes of the regular Town Council meeting - January 10, 198 page 4
WHEREAS, the Landscaping Screening and Open Space Regulations of the Leesburg Zoning
Ordinance permits property in residential zoning districts to provide buffer-yards by increasing the lot
size over the minimum required by the relevant residential zoning district; and
WHEREAS, residential lots developed prior to the adoption of the Landscaping, Screening and
Open Space Regulations that are sufficiently over-sized are considered to have provided buffer-yards
under these circumstances; and
WHEREAS, this method of providing buffer-yards on property in residential zoning districts does
not promote public health, safety and general welfare and does not protect property values; and
WHEREAS, on November 22, 1988, the Town Council initiated an amendment to the Leesburg
Zoning Ordinance regarding buffer-yards on residential lots; and
WHEREAS, the Town Council and the Planning Commission held a joint public hearing to
consider this amendment to Section 9A-14(f)(2) of the'Zoning Ordinance on December 13, 1988; and
WHEREAS, the Planning Commission recommended approval of this amendment on January 5,
1989; and
WHEREAS, the following amendment will greatly improve the Town's ability to mitigate the
adverse affects of non-residential development adjacent to residential uses:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Zoning Ordinance, Section 9A-14(f)(2), is amended as shown below:
(2) Existing development not complying with buffer requirement:
Whenever a development plan or subdivision application is proposed adjacent
to a developed property that has not provided anyor all of the required
buffer, the adjacent proposed development shall provide the balance of'the
buffer-yard required by Section 9A-13. This provision shall apply unless
modified by Section 9A-15. Residentially zoned or Used properties developed
prior to the adoption of this ordinance shall not be I determined to have
provided a buffer-yard as defined by Section 9A-14(a).
SECTION IL This ordinance shall be in effect upon its passage.
89-1 - RESOLUTION - AMENDING RESOLUTION #87-104 FOR BEAUREGARD ESTATES
SUBDIVISION,DRIVE SYSTEM
WHEREAS, the Town Council, on May 14, 1986, approved rezoning, #ZM-63 by Bruce M.
Brownell for 14.5 acres of land at the northeast corner of Sycolin Road and Lawson Road/Battlefield
Parkway; and
WHEREAS, on May 27, 1987, the Council approved Resolution #87-104 authorizing a common
drive system for the Beauregard Estates Subdivision to serve 81 single-family residential loth; and
WHEREAS, on February 9, 1988, the Fort Beauregard Subdivision preliminary plat was
submitted to the Town of Leesburg for this site, proposing 52 townhouse units in conformity with the
concept plan proffered with rezoning #ZM-63; and
WHEREAS, in a matter consistent with the proffers approved with rezoning #ZM-104, the Fort
Beauregard Subdivision preliminary plat did not provide direct access for these townhouses to Lawson
Road/Battlefield Parkway; and
WHEREAS, minimizing the number of access points to the future Battlefield Parkway is in the
best interest of the public necessity, convenience; safety and general welfare: '
THEREFORE, RESOLVED by the Council of the town of Leesburg in Virginia as follows:
SECTION I. Resolution #87-104 for Beauregard Estates Subdivision is amended to increase the
allowable number of residential lots authorized to access the Beauregard Estates Subdivision common
drive system from 81 lots to 133 lots, to accommodate an additional 52 townhouse units in
accordance with the proffered conditions for rezoning #ZM-63.
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SECTION II. This resolution shall be in effect uponil its passage.
89-2 - RESOLUTION - APPOINTING MCGUIRE, WOODS, BATTLE AND BOOTHE AS SPECIAL
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Minutes of the regular Town ,Council meeting -, January 10, 198q page 5
COUNSEL
WHEREAS, the Town of Leesburg is perindirally faced with litigation involving Planning
Commission approval of subdivision plats and site plans, as well as,engineering department approval
of construction drawings in the form of appeals to the Circuit Court, alleging arbitrary or capricious
decisions in the administration of the land development process; and
WHEREAS, the defense of the town in these actions is complex and requires specialized legal
experience and extensive legal resources not available through the:town attorney's office; and
WHEREAS, the law firm of McGuire, Woods, Battle and Boothe is familiar with Leesburg land
development process, its ordinances and has successfully represented the town in the past:
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THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
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The town manager is authorized to retain the firm'of McGuire,;Woods, Battle and Boothe as
special counsel to define law suits filed against the town, its officers and employees pursuant to
Section 15.1-475 1950 Code of Virginia, as amended.
89-3 - RESOLUTION - APPROVING AN AGREEMENT WITH THE NORTHERN VIRGINIA
DISTRICT COMMISSION TO ESTABLISH A REGIONAL SOLID
WASTE MANAGEMENT PROGRAM
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WHEREAS, to effectively provide long term planning and regional coor a tion for solid waste
disposal, a solid waste management planning program has been established which will be
administered by the Northern Virginia Planning District Commission (NVPDC); and
WHEREAS, NVPDC will coordinate the solid waste planning and management activities with the
Metropolitan Washington Council of governments (MWCOG); and ' I
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WHEREAS, a Memorandum of Agreement has been prepared setting forth the organizational and
management structure to accomplish the master planning effort;and 1 I
WHEREAS, the Town of Leesburg is in the Northern Virginia Planning District and will have a
representative on the proposed Northern Virginia Waste Management Board and Northern Virginia
Waste Management Advisory Committee; and
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WHEREAS, participation in the planning process for a Regional,Solid Waste Management
Program will benefit Leesburg an disposal of solid waste:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized to sign the Memorandum I f Agreement as
approved by the town attorney. i
89-4 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS INTOLLHOUSE'CENTER
WHEREAS, Tollhouse Center Limited Partnership, 'the developer of Tollhouse Center has
completed the public improvements in accordance with'approved plans and town standards, and these
have been inspected and approved. , I I
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from Central Fidelity Bank in the amount of
$141,294.00 is released, and a new surety in a form approved by the;town attorney for a maintenance
guarantee in the amount of$7,055.00 is approved, and,shall be in effect for a period of one year from
this date. •
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SECTION II. 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.
89-5 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS IN BELLMEADE
FARMS
WHEREAS, Lokey Construction Company,,the developer of Bellemeade Farms has completed the
public improvements in accordance with approvedlplans and town standards, and these have been
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Minutes of the regular Town Council meeting - January 10, 1986 page 6
inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION L The irrevocable letter of credit from First American Bank in the amount of
$48,000.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of$12,000.00 is approved, and shall be in effect for a period of one year
from this date.
SECTION II. 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.
89-6 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS IN CARNABY
SQUARE SUBDIVISION
WHEREAS, Pulte Home Corporation, the developer of Carnaby Square Subdivision has completed
the 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:
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SECTION I. The irrevocable letter of credit from First American Bank in the amount of
$520,000.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of$26,000.00 is approved, and-shall be in effect for a period of one year
from this date.
SECTION II. 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.
89-7 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION IN POTOMAC CROSSING
SECTION 1D
WHEREAS, the Town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Potomac Crossing Section 1D and certified that the value of work
performed is $140,945.00; and
WHEREAS, a corporate surety bond from Reliance Insurance Company in the amount of
$195,000.00 has been provided by the developer and approved by Council to guarantee installation of
public improvements for Potomac Crossing Section 1D.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from Reliance Insurance Company in the amount of
$195,000.00 is reduced to $54,055.00.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety
bond has been reduced as outlined in Section I of this resolution, and that this reduction does not
constitute acceptance of public improvements by the Town or relieve the developer of responsibilities
outlined in the contract for public improvements for Potomac Crossing Section 11/
89-8 - RESOLUTION - AUTHORIZING AN OFFhR TO DONALD E. NELSON, TRUSTEE, FOR
EXCHANGE OF EASEMENTS AArhCTING 0.1877 ACRES REQUIRED
FOR CONSTRUCTION OF THE TUSCARORA CREEK INTERCEPTOR
SEWER AND AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the 1987 draft Water and Sewer Master Plan for the Town of Leesburg, as prepared
by Camp Dresser & McKee engineers, identified the existing Tuscarora Creek Interceptor Sewer as
inadequate to meet current and future needs of the Town of Leesburg, and
WHEREAS, this plan recommended construction of a new 27" sanitary sewer interceptor parallel
to the existing Tuscarora Creek Interceptor Sewer; and
WHEREAS, a need exists for acquisition of an additional 15' of easement width adjacent to the
existing 20' sanitary sewer easement traversing various properties; and
WHEREAS, the Town of Leesburg will vacate an equal portion of the existing 20' sanitary sewer
easement and convey this property to the appropriate owner after construction completion; and
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Minutes of the regular Town:Council meeting - January 10, 1981 page 7
WHEREAS, efforts to secure such easements have been unsuccessful; and
WHEREAS, a nuisance value for each easement exchange has been established:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia_as follows:
SECTION I. Donald E. Nelson, Trustee, is hereby offered the sum of$613.12 for the exchange
of permanent sanitary sewer easements affecting 0.1877 acres, more or less as shown on the attached
plat of Dewberry & Davis, dated December 23, 1988, on condition that title to the land affected is
free and clear of all defects, liens of encumbrances and that the easements will be conveyed to the
appropriate parties according to the plat and description described above by good andro r deed,ae a
copy thereof is attached, which included the usual warranties of title, within thirty (30) days after
written acceptance of this offer, with a right of entry for construction of the sanitary sewer
commencing at the time of acceptance.
SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt,
the Council hereby declares that an essential public convenience and necessity exists to acquire the
aforesaid easements for construction of the sanitary sewer and the right to early entry prior to the
determination and deposit of the amount of just compensation is imperative, and does hereby
authorize the town attorneys 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
$613.12, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950
Code of Virginia, as amended, in the event an order for such entry is made by the Court.
89-9 - RESOLUTION - AUTHORIZING AN OleihR TO LEESBURG DEVELOPMENT ASSOCIATES
FOR EXCHANGE OF EASEMENTS AFFECTING 0.1457 ACRES
REQUIRED FOR CONSTRUCTION OF THE TUSCARORA CREEK
INTERCEPTOR SEWER AND AUTHORIZING CONDEMNATION
PROCEEDINGS
WHEREAS, the 1987 draft Water and Sewer Master Plan for the Town of Lees I urg, as prepared
by Camp Dresser & McKee engineers, identified the existing Tuscarora Creek Interceptor Sewer as
inadequate to meet current and future needs of the Town of Leesburg; and -
WHEREAS, this plan recommended construction of a new 27" sanitary sewer interceptor parallel
to the existing Tuscarora Creek Interceptor Sewer; and
WHEREAS, a need exists for acquisition of an additional 15' of easement width adjacent to the
existing 20' sanitary sewer easement traversing various properties; and
WHEREAS, the Town of Leesburg will vacate an equal portion of the existing 20' sanitary sewer
easement and convey this property to the appropriate owner after construction completion; and
WHEREAS, efforts to secure such easements havebeen unsuccessful; and
WHEREAS, a nuisance value for each easement exchange has been established:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Leesburg Development Associates is hereby offered the sum of$475.88 for the
exrhange of permanent sanitary sewer easements affecting 0.1457 acres, more or less as shown on
the attached plat of Dewberry & Davis, dated December 23, 1988, on conditions that title to the land
affected is free and clear of all defects, liens or encumbrances and that the easements will be
conveyed to the appropriate parties according to the plat and description described above by good and
proper deed, a copy thereof is attached, which includes the usual warranties of title, within thirty
(30) days after written acceptance of this offer, with a right of entry for construction)of the sanitary
sewer commencing at the time of acceptance.
SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt,
the Council hereby declares that an essential public convenience and necessity existslto acquire the
aforesaid easements for construction of the sanitary sewer and the right to early entry prior to the
determination and deposit of the amount o just compensation is imperative, and does hereby
authorize the town attorneys 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
$475.88, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950
Code of Virginia, as amended, in the event an order for such entry is made by the Court.
89-10 - RESOLUTION - AUTHORIZING AN OF'FbR TO ALEXANDRIA PACKAGING & SUPPLY,
INC., FOR EXCHANGE OF EASEMENTS AFrBCTING 0.0592 ACRES
Minutes of the regular Town Council meeting - January 10, 198q page 8
REQUIRED FOR CONSTRUCTION OF THE TUSCARORA CREEK
INTERCEPTOR SEWER AND AUTHORIZING CONDEMNATION
PROCEEDINGS
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WHEREAS, the 1987 draft Water and Sewer Master Plan for the Town of Leesburg, as prepared
by Camp Dresser & McKee engineers, identified the existing Tuscarora Creek Interceptor Sewer as
inadequate to meet current and future needs of the Town of Leesburg, and
WHEREAS, this plan recommended construction of a new 27" sanitary sewer interceptor parallel
to the existing Tuscarora Creek Interceptor Sewer; and
WHEREAS, a need exists for acquisition of an additional 15' of easement width adjacent to the
existing 20' sanitary sewer easement traversing various properties; and
WHEREAS, the Town of Leesburg will vacate an equal portion of the existing 20' sanitary sewer
easement and convey this property to the appropriate owner after construction completion; and
WHEREAS, efforts to secure such easements have been unsuccessful; and
WHEREAS, a nuisance value for each easement exchange has been established:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Alexandria Packaging & Supply, Inc., is hereby offered the sum of$193.50 for the
exchange of permanent sanitary sewer easements affecting 0.0592 acres, more or leas as shown on
the attached plat of Dewberry & Davis, dated December 23, 1988, on condition that title to the land
affected is free and clear of all defects, liens or encumbrances and that the easements will be
conveyed to the appropriate parties according to the plat and description described above by good and
proper deed, a copy thereof is attached, which includes the usual warranties of title, within thirty
(30) days after written acceptance of this offer, with a right of entry for construction of the sanitary
sewer commencing at the time of acceptance.
SECTION IL In the event this offer is not accepted in writing within ten (10) days from receipt,
the Council hereby declares that an essential public convenience and necessity exists to acquire the
aforesaid easements for construction of the sanitary sewer and the right to early entry prior to the
determination and deposit of the amount of just compensation is imperative, and does hereby
authorize the town attorneys 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
$193.50, payable to the Clerk of Circuit Court in accordance with Section 25-46.8 of the 1950 Code of
Virginia, as amended, in the event an order for such entry is made by the Court.
89-11 - RESOLUTION - AUTHORIZING AN OFFER TO HAKIM ASSOCIATES FOR EXCHANGE
OF EASEMENTS AFFECTING 0.5888 ACRES REQUIRED FOR
CONSTRUCTION OF THE TUSCARORA CREEK INTERCEPTOR SEWER
AND AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the 1987 draft Water and Sewer Master Plan for the Town of Leesburg, as prepared
by Camp Dresser & McKee engineers, identified the existing Tuscarora Creek Interceptor Sewer as
inadequate to meet current and future needs of the Town of Leesburg; and
WHEREAS, this plan recommended construction of a new 27 sanitary sewer interceptor parallel
to the existing Tuscarora Creek Interceptor Sewer;.and
WHEREAS, a need exists for acquisition of an additional 15' of easement width adjacent to the
existing 20' sanitary sewer easement traversing various properties; and
WHEREAS, the Town of Leesburg will vacate an equal portion of the existing 20' sanitary sewer
easement and convey this property to the appropriate owner after construction completion; and
WHEREAS, efforts to secure such easements have been unsuccessful; and
WHEREAS, a nuisance value for each easement exchange has been established:
THEREFORE, RESOLVED by the Council of,the Town of Leesburg in Virginia as follows:
SECTION I. Hakim Associates is hereby offered the sum of$1,923.75 for the exchangeof
permanent sanitary sewer easements affecting 0.5888 acres, more or less as shown on the attached
plat of Dewberry & Davis, dated December 23, 1988, on condition that title to the land affected is
free and clear of all defects, liens of encumbrances and that the easements will be conveyed to the
appropriate parties according to the plat and description described above by good and proper deed, a
-ice
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Minutes of the regular Town Council meeting - January 10, 198q page 9
copy thereof is attached, which includes the usual warranties of title, within thirty (30) days after
written acceptance of this offer, with a right of entry for construction of the sanitary sewer
commencing at the time of acceptance.
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SECTION H. In the event this offer is not accepted in writing within ten (10) days from receipt,
the Council hereby declares that an essential public convenience and necessity exists to acquire the
aforesaid easements for construction of the sanitary sewer and the right to early entry prior to the
determination and deposit of the amount of just compensation is imperative, and does hereby
' authorize the town attorneys to file the requisite petition for condemnation and early entry, on behalf
of the Town of Leesburg and does authorize the Directorof Finance to issue a check in the sum of
$1,923.75, payable to the Clerk of Circuit Court in accordance with Section 25-48.8 of the 1950 Code
of Virginia, as amended, in the event an order for stitch entry is made by the Court.
89-12 - RESOLUTION - AUTHORIZING AN OFFER TO INDUSTRIAL DEVELOPMENT
AUTHORITY, LOUDOUN COUNTY, VIRGINIA, FOR EXCHANGE
OF EASEMENTS AFFECTING 0:2514 ACRES REQUIRED FOR
CONSTRUCTION OF THE TUSCARORA CREEK INTERCEPTOR
SEWER AND AUTHORIZING CONDEMNATION PROCEEDINGS
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WHEREAS, the 1987 draft Water and Sewer Master Plan for the Town of Leesburg, as prepared
by Camp Dresser & McKee engineers, identified'the 'existing Tuscarora Creek Interceptor Sewer as
inadequate to meet current and future needs of the Town;of Leesburg and
WHEREAS, this plan recommended construction/of a new 27" sanitary sewer interceptor parallel
to the existing Tuscarora Creek Interceptor Sewer; and
WHEREAS, a need exists for acquisition of an additional 15' of easement width adjacent to the
existing 20' sanitary sewer easement traversing various properties; and
WHEREAS, the Town of Leesburg will vacate anlequal portion of the existing 20' sanitary sewer
easement and convey this property to the appropriate owner after construction completion; and
WHEREAS, efforts to secure such easements have been unsuccessful; and
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WHEREAS, a nuisance value for each easement eI exchange has been established:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Industrial Development Authority, Loudoun County, Virginia is hereby offered the
sum of$821.25 for the exchange of permanent sanitary sewer easements affecting 0.2514 acres, more
or less as shown on the attached plat of Dewberry &'Davis, dated December 23, 1988, on condition
that title to the land affected is free and clear of all defects, liens or encumbrances and that the
easements will be conveyed to the appropriate partieslaccording to the plat and description described
above by good and proper deed, a copy thereof is attached,'which includes the usual warranties of
title, within thirty (30) days after written acceptance of this offer, with a right of entry for
construction of the sanitary sewer commencing at the time,
of acceptance.
SECTION H. In the event this offer is not accepted in writing within ten (10) days from receipt,
the Council hereby declares that an essential public convenience and necessity exists to acquire the
aforesaid easements for construction of the sanitary sewer and the right to early entry prior to the
determination and deposit of the amount of just compensation is imperative, and does hereby
authorize the town attorneys 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
$821.25, payable to the Clerk of Circuit Court in accordance with Section 2546.8 of the 1950 Code of
Virginia, as amended, in the event an order for such i entry is made by the Court.
AYE: Councilmembers Clem, Forester, Lovin, Mulokey,� Tolbert and Mayor Sevila
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NAY: None i
On motion of Mr. Clem, seconded by Mr. Lovin, the following ordinance and resolution were
proposed and unanimously adopted with Mr. Kimball being.absent:
89-0-3 - ORDINANCE - AMENDING CHAPTER 12.1IOF THE TOWN CODE TO IMPLEMENT A
RECLASSIFICATION OF THE CHIEF OF CURRENT PLANNING
POSITION TO ASSISTANT DIRECTOR OF PLANNING, ZONING AND
DEVELOPMENT I
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WHEREAS, the need to retain top professionals in the town's Planning, Zoning and Development
department is critical; and
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186
Minutes of the regular Town Council meeting - January 10, 198/1 page 10
WHEREAS, as Assistant Director of Planning, Zoning and Development position had been
allocated by Town Council in years past; and
WHEREAS, the need for the Assistant Director has once again become apparent; and
WHEREAS, the current Chief of Current Plannirig Jay Hicks, has become qualified to serve as
Assistant Director, and
WHEREAS, the reclassification of the Chief of Current Planning position to Assistant Director of
Planning, Zoning and Development provides the department the necessary expertise and more
appropriately utilizes existing personnel:
THEREFORE, ORDAINED by the Council of the,Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational
group and pay grades, is amended to read as follows:'
Sec. 12.1-10. Classification of town employees by:occupational groups and pay grades.
Employees in the town service are claccified in the following occupational groups and pay grades:
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Occupational Pay
Groups Positions Grade
Executive-Managerial Director of Engineering and 26
Public Works i :
Director of Utilities ; 25
Director of Finance I 25
Director of Planning, Zoning and 25
Development
Assistant Town Manager , 25
Chief of Police . 28
Director of Parks and Recreation • 23
Assistant Director of Planning. Zoning : 22
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and Development I .
Chief of Engineering i , 23
Chief of Operations and Inspections 18
Law Enforcement Parking Control Officer . 1
Police Officer 11
Corporal 13
Sergeant 15
Lieutenant 18
Captain I 1 21
Administrative-Clerical Clerk typist ' 3
Secretary 1 5
Accounting Clerk I ' 3
Accounting Clerk II I 5
Administrative Secretary 7
Zoning & Development Assistant 10
Executive Secretary I 10
Deputy Clerk of Council • 7
Personnel Assistant I 8
Clerk of Council i i 11
Supervisory Equipment Operation& Maintenance 15
Superintendent I
Water Supply Superintendent 18
Streets, Buildings & Grounds Superintendent 17
Utility Lines Superintendent 17
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WPCF I 18
Technical Assistant Utility Plant'Mechanic 5
Heavy Equipment Operator 7
Utility Billing Technician : 8
Asst. Streets, Bldg. & Grounds Superintendent 13
Operator I I : 11
Operator II I 1 10
Operator III 7
Operator IV 4
Asst. Utility Lines Supt. (Maintenance) 13
Asst. Utility Lines Supt. (I&D 13
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Minutes of the regular Town,Council meeting - January 10, 198(1 page 11
I&I Technician 7
Senior Utility Plant Mechanic 11
Asst. Water Supply Superintendent 13
Capital Projects Coordinator 17
Capital Projects Repeesentative 14 •
Asst. WPCF Superintendent 13
Senior Facility Inspector 14
Facility Inspector 13
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Zoning Technician t 11 Systems Technician 8
Professional Chief Inspector 15
Public Works Engineer 18
Engineer II ; 18
Engineer I 15
Chief of Comprehensive Planning 19
Planner II 17
Chief of Current Planning 19
Assistant Director of,Finance 15
Zoning Administrator 18
Construction/Maintenance laborer 1
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Maintenance Worker II 7
Maintenance Worker I 5
SECTION H. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be effective upon adoption.
89-13 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE TO IMPLEMENT A RECLASSIFICATION OF THE
CHIEF OF CURRENT PLANNING POSITION TO ASSISTANT DIRECTOR
OF PLANNING, ZONING AND DEVELOPMENT
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WHEREAS, the need to retain top professionals in the town's Planning, Zoning and Development
department is critical; and
WHEREAS, an Assistant Director of Planning, Zoning and Development position bad been
allocated by Town Council in years past; and
WHEREAS, the current Chief of Current Planning, Jay Hicks, has become qualified to serve as
Assistant Director; and
WHEREAS, the reclassification of the Chief of Current Planning position to Assistant Director of
Planning, Zoning a nd Development provides the department the necessary expertise and more
appropriately utilizes existing personnel;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and numbers of employees in the town service established for the
fiscal year beginning July 1, 1988, are amended as follows:
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Number of Full-Time
Positions Authorized
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LEGISLATIVE DEPARTMENT
Clerk of Council 1
Deputy Clerk 1
EXECUTIVE DEPARTMENT ,
Manager 1
Assistant Town Manager � 1
Executive Secretary 1 , 1
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. Personnel Assistant 1
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Administrative Secretary 1
Clerk Typist 1
FINANCE DEPARTMENT
Director of Finance 1
188
Minutes of the regular Town Council meeting - January 10, 198,page 12
Assistant Director of Finance I 1
Accounting Clerk II 1
Accounting Clerk I 1
Systems Technician 1
Utility Billing Technician I 1
POLICE DEPARTMENT
Chief of Police f 1
Captain1
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Lieutenant 2
Sergeant 7
Corporal 5
Police Officer 12
Administrative Secretary 1
Secretary 1
Parking Control Officer 1
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works , 1
Administrative Secretary2
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ENGINEERING AND INSPECTIONS
Chief of Operations and Inspections 1
Chief of Engineering 1
Public Works Engineer 1 1
Engineer II 3
Engineer I ' 1
Capital Projects Coordinator 1
Capital Projects Representative 1
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Facility Inspector 2
Senior Inspector 1
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STREET MAINTENANCE
Superintendent 1
Assistant Superintendent 1
Maintenance Worker II 3
Maintenance Worker I • 5
Laborer 8
Laborer (Temporary) 1
EQUIPMENT MAINTENANCE
Superintendent 1
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Heavy Equipment Operator % 1
Mechanic II 1
Mechanic I , 1
Laborer 1
PARKS AND RECREATION
,
Director of Parks and Recreation 1
Secretary 1
PLANNING, ZONING AND DEVELOPMENT
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Director of Planning, Zoning and Development 1
Assistant Director of Planning, Zoning and Development ' 1
Chief of Comprehensive Planning
Zoning Administrator }
1
Ping II
Planning
3
Zoning and Development Assistant 1
Secretary 2
Zoning Technician 1 '
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Minutes of the regular Town Council meeting - January 10, 1984 page 13
UTILITIES
ADMINISTRATION
Director of Utilities 1
Senior Utility Plant Mechanic 1
Administrative Secretary I 1
' Assistant Utility Plant Mechanic 1
WATER POLLUTION CONTROL ,
Superintendent 1
Assistant Superintendent 1
Operator I , 2
Operator II 1
Operator III 2
Operator IV 3
Laborer 1
Laborer (Temporary) .25
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UTILITY LINES
Superintendent 1
Assistant Superintendent for I&I 1
Assistant Superintendent for Maintenance 1
Maintenance Worker II o 2
I&I Technician 1
Meter Technician 1
Maintenance Worker I 2
Laborer 2
laborer (Temporary) I .25
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WATER SUPPLY DIVISION
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Superintendent 1
Assistant Superintendent I 1
Operator II 2
Operator III i 1
Operator IV 1
laborer (Temporary) .25
TOTAL PERSONNEL AUTHORIZED
Full-time 129.75
Part-time or temporary (expressed as equivalent 7
to full-time staffing)
AYE: Councilmembers Clem, Forester, Lavin, Mulokey, Tolbert and Mayor Sevila
NAY: None
89-14 - RESOLUTION - INITIATING ADOPTION OF THE EAST BATTLEFIELD PARKWAY
ALIGNMENT STUDY PREPARED FOR THE TOWN OF LEESBURG BY
KAMBER ENGINEERING, INC.
IOn motion by Mr. Tolbert, seconded by Mr. Clem, this resolution was proposed and unanimously
adopted, with Mr. Kimball absent.
WHEREAS, the Leesburg Town Plan 1988 TransportationPolicy Map conceptually designated the
East Battlefield Parkway as a proposed circumferential arterial roadway located outside the Route
7/15 Bypass but within the Town's annexation area; and
WHEREAS, the adoption of an alignment is critical to;the' ITown's planning efforts in this rapidly
developing eastern quadrant of the Town of Leesburg, and
WHEREAS, the Leesburg Town Council, on May 11, 1988, awarded a contract to 'Camber
Engineering, Inc. in association with Bellomo-McGee, In. to perform the alignment study, evaluating
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Minutes of the regular Town Council meeting - January 10, 199 page 14
roadway alignments for the parkway and determining the impact of each alignment on five key
intersections; and
WHEREAS, the East Battlefield Parkway Study was concluded by the consultants on December
14, 1988, and presented to the Planning and Zoning Committee of the Town Council on January 4,
1989;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. Adoption of the East Battlefield Parkway Alignment Study is initiated to select an
alignment to be used as a planning guide and further to be incorporated as an addendum to the
Town Plan 1986 Transportation Policy May.
SECTION II. A public hearing shall be held at 7:30 p.m. on February 28, 1989, in the Council
Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, and in accordance with Section 15.1-431 of
the 1950 Code of Virginia, as amended, this hearing shall be a joint public hearing of both the
Leesburg Planning Commission and the Leesburg Town Council. The Clerk shall give notice of
hearing in the Loudoun Times-Mirror on February 9, 1989 and February 16, 1989, and advise the
Planning Commission of the purpose, time and date of this hearing.
SECTION III. The Planning Commission shall report its recommendation to the Town Council on
the proposed study within thirty (30) days to the public hearing.
AYE: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
NAY: None s
89-15 -RESOLUTION - REQUESTING THAT THE PLANNING COMMISSION DELAY
CONSIDERATION OF THE 100 FOOT SETBACK LEGISLATION
On motion of Mr. Tolbert, seconded by Mr. Lovin, this resolution was proposed and, after some
discussion involving the intent of the Planning Commission and the intent of the Town Council
through this resolution, adopted:
WHEREAS, on October 6, 1988 the Leesburg Planning Commission adopted a motion to request
that the Town Council initiate legislation that would amend Section 1B-5(e) of the Leesburg Zoning
Ordinance to create a 100 foot setback from the right-of-way along the entire length of the Leesburg
Bypass and to exclude both buildings and parking facilities from the setback; and
WHEREAS. a joint public hearing was held by the Council and Planning Commission on
December 13, 1988; and
WHEREAS, testimony offered at this hearing confirmed the need for additional evaluation of this
ordinance, as well as alternative methods to enhance the visual quality along the bypass and to
mitigate adverse impacts on adjacent developing property through a combination of visual and noise
buffers, such as landscaping, earth berms, building setbacks reverse frontage and architectural control
(which the Council is presently pursuing); and
WHEREAS, this Council wishes to ensure that its planning staff resources are directed to
developing and refining its proposed H-2 district regulations; and
WHEREAS, this Council at its public hearing originally requested that the Planning Commission
report on this legislation by the Council's January 18 committee meeting; and
WHEREAS, the Planning and Zoning Committee of the Town Council at its January 4, 1989
meeting recommended that action on this legislation should be deferred.
MINUTES OF REGULAR MEETING OF LEESBi.TR.G TOWN rnTTNCII, JANTJARY 10, 1989
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
SECTION I. This Council requests that the Planning Commission defer analysis and
consideration of the proposed 100 foot setback legislation, until the H-2 District Ordinance is enacted.
SECTION H. The manager is authorized and directed to transmit a copy of this resolution to the
Leesburg Planning Commission.
AYE: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
,191
Minutes of the regular Town Council meeting - January 10, 1984 page 15
Nay: None
Councilmember Kimball was absent.
Mayor Sevila submitted a letter to Mr. Minor requesting that a pending special exception
application, which had earlier been moved forward, be'put back on the agenda Mr. Minor said that
this application for Dry Mill Manor will be placed on the committee agenda Mr the meeting after the
next scheduled meeting.
Mr. Minor reported on an information item which he received from the Deputy Town Attorney.
In reference to the Council's action authorizing offers and condemnation proceedings on the waterline
easements, condemnation actions have been filed in seVen of the instances. Three accepted the offers.
On motion duly made and seconded, the meeting was adjourned.
Robert E. Sevila, Mayor
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/L.-4Z/ 2L /
Clerk of Couhcil
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