HomeMy Public PortalAbout1989_04_25 • 'r- 7
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
April 25, 1989
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on April 25, 1989 at 7:30 p.m. 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 Lovin. Present were: Mayor Robert E. Sevila, Councilmembers James E. Cern,
Donald A. Kimball, Claxton E. Lovin, William P. Mulokey and John W. Tolbert, Jr. Absent was
Councilmember Christine Forester. Also present were: Town Manger Jeffrey H. Minor, Assistant
Town Manager Steve Brown, Director of Engineering and Public Works Thomas A. Mason, Director
of Planning, Zoning and Development Katherine Imhoff, Director of Parks and Recreation Gary Huff
and Town Attorney George Martin.
On motion of Mr. Tolbert, seconded by Mr. Clem, the minutes of the special meeting of March
7, 1989 were unanimously approved.
Petitioners •
There were no petitioners.
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'a' Councilmember's Comments
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:L Mr. Mulokev stated that he attended the Loudoun Garden Club Tour of Historic Properties
in Loudoun County. The properties were truly impressive and he encourages all citizens to participate
in this yearly tour. He looks forward to the day when Dodona Manor is placed on this tour.
The cable company will have a senior citizens discount available soon, also Home Team Sports
and TNT.
Mr. Lovin enjoyed the town's Arbor Day festival. He attended the Small Business Awards
luncheon, hosted by the Loudoun County Chamber of Commerce. Some of the businesses winning
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awards were Ben Franklin Arts, Crafts and Framing Center and Ballinger & LaRock. Fred Fleming
was recognized for his counseling business, in Leesburg:
Mr. Clem reported on the April 13, 1989 Airport Commission meeting. The runways will be
closed for approximately 17 days to resurface, Jim Haynes will notify everyone affected. All of the
landscaping will be replaced this year. The town will receive the $2.2 million dollar grant from the
FAA. Mr. Clem encourages the public to attend these meetings.
Mr. Kimball stated that the Planning Commission adopted a resolution to promote public
meetings and to encourage citizen participation.
Mr. Tolbert wished to give credit to town staff, and the media for the Arbor Day festivities.
Mayor's Report
Mayor Sevila stated that the Arbor Day celebration was a very successful event. He recognized
Sally Vecchio and Gary Huff for the work they did to make this day a success.
Mayor Sevila presented Xerox Realty, with a Certificate Appreciation for the Pin Oak tree that
was donated by them and for the planting of the tree by the Xerox maintenance forces.
The Mayor also presented a Certificate of Appreciation to Ben Lawrence on behalf of Keep
Loudoun Beautiful, for their outstanding job in planning and preparing the celebration and meal
provided at the Arbor Day celebration. A Certificate of Appreciation was also given to the Loudoun
Soil and Water Conservation District for their contribution to the Arbor Day meal.
Mayor Sevila thanked Tom Mason for the work that he did in preparation for the public hearing
before the Transportation Board in Fairfax The town presented its case,asking the board to reconsider
the inclusion of funding for the acquisition of the right-of-way in the fourth quadrant of the bypass and
Market street interchange so that the town could complete this work.
Manager's Report .
Mr. Minor reported that he was glad to be back in Leesburg, from his vacation. He thanked
Steve Brown, who served as acting town manager.
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Minutes of April 25, 1989
He noted that the Council did receive a written copy of the Activity Report on Monday and
noted that the Planner II position was filled. Preparations for the May 9 groundbreaking ceremonies
for the new government center are well underway.
Legislation
On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
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89-80 - RESOLUTION - AUTHORIZING THE GRANTING AND EXECUTION OF A LICENSE
AGREEMENT BY THE TOWN OF LEESBURG FOR THE COUNTY OF LOUDOUN
AND PUBLIC LIBRARY BOARD TO DEVELOP PARKING AREAS IN IDA LEE PARK
AND THE GRANTING OF UTILITY EASEMENT BY THE COUNTY OF LOUDOUN
AND PUBLIC LIBRARY BOARD TO THE TOWN OF LEESBURG FOR THE
DEVELOPMENT OF IDA LEE PARK
WHEREAS, the Loudoun County Board of Supervisors and its Public Library Board have
requested that future parking areas located on Ida Lee Park be included along the west and northwest
boundary of the Rust library site to provide overflow parking for patrons of the future expanded library
and
WHEREAS, the County of Loudoun and the Public Library Board have agreed to convey the
utility easement through the eastern boundary of the library site to,accommodate the development of
Ida Lee Park, a copy of which is attached; and
WHEREAS, an in furtherance of thepublic purposes for which it was created, the Council
proposes to permit the use of the parking areas and accept the utility easement:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The acceptance of the utility easement and execution, delivery and performance
of the revokable license agreement is hereby authorized and shall be in substantially the form submitted
to this meeting, with non-substantive changes, insertions or omissions as may be approved by the
Mayor and Town Attorneys.
SECTION II. The Mayor is hereby authorized and directed to execute and the Clerk of the
Council shall attest the revokable license and utility easement agreement on behalf of the town.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay. None
On motion of Mr. Clem, seconded by Mr. Mulokey, the following resolutions were proposed as
consent items and unanimously adopted.
89-81 - RESOLUTION - RESCINDING RESOLUTION NUMBER 89-50
WHEREAS, the Virginia Department of Transportation discovered two discrepancies in
Resolution Number 89-50; and
WHEREAS, by deleting the .14 lane miles of Harrison Street from the request and changing
the length of Gateway Drive between Sycolin Road and Harrison Street to 0.56 lane miles will correct
the discrepancies:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Resolution Number 89-50 requesting the Virginia Department of Transportation to accept
certain streets is hereby rescinded.
89-82 - RESOLUTION- REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO
ACCEPT CERTAIN STREETS
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
That the Virginia Department of Transportation is requested to accept into the Virginia
Department of Highways arterial and secondary system 0.32 lane miles of Heritage Way, N.E.; 1.28 lane
miles of Battlefield Parkway, N.E. (west of cul-de-sac); 0.20 lane miles of Fieldstone Drive, N.E.; 0.52
lane miles of Route 15 Bypass 4-lane addition at Battlefield Parkway, N.E.; 0.88 lane miles of Battlefield
Parkway, N.E. at Potomac Crossing, Section LI; 0.28 lane miles of Oakview Drive, S.E.; 0.56 lane miles
of Gateway Drive, S.E. from Sycolin Road to Harrison Street;0.40 lane miles of Gateway Drive, S.E.,
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Minutes of April 25, 1989
from Harrison Street to cul-de-sac; 0.28 lane miles of Deerpath Avenue, S.W.; 0.12 lane miles of •
Rockbridge Drive, S.E., as listed on the accompanying Forni U-1, in accordance with the requirements
of Section 33.1-43 of the 1950 Code of Virginia, as amended.
89-83 - RESOLUTION- AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR PLAZA
STREET PARK WITH LOUDOUN HOUSE ASSOCIATES
WHEREAS, Loudoun House Associates has requested the town to lease Plaza Street Park to
Loudoun House Associates so the complex may be more effectively supervised and secured; and
WHEREAS, the Town of Leesburg Police Department has recommended leasing Plaza Street
Park to Loudoun House Associates for security reasons; and
WHEREAS, the Leesburg Parks and Recreation i Advisory Commission has unanimously
approved leasing the park to Loudoun House Associates; and
WHEREAS, the town requires the area will continue to be operated:as a park:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the
manager is authorized to execute a lease agreement with Loudoun House Associates for an initial six
month period.
ct Mayor Sevila referred to the lease agreement, and asked that it be reviewed bythe town
U attorney before execution.
"- 89-84 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF PINNACLE
DEVELOPMENT CORPORATION FOR REVISION OF THE ZONING DISTRICT MAP
TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11,
TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The rezoning application #ZM-109 by Pinnacle I Development Corporation (POTOMAC
CROSSING SOUTH) for revision of the Zoning District Map from County R-1 to PRN (Planned
Residential Neighborhood) is received and referred to the Planning Commisaion for public hearing and
recommendation under Chapter 11, Title 15.12 of the 1950 Code of Virginia, as'amended.
89-85 - RESOLUTION - RE-INITIATING AN AMENDMENT TO THE SUBDIVISION AND LAND
DEVELOPMENT ORDINANCE CONCERNING VARIANCES
WHEREAS, Section 15.1466B of the 1950 Code of Virginia, as amended, provides that a
subdivision ordinance may include provisions for variations in the general regulations of the ordinance
in races of unusual:situations or when strict adherence to the general regulations would result in
substantial injustice or hardship; and
WHEREAS, an amendment of the variance provisions contained within the Leesburg
Subdivision and Land Development Ordinance is necessary in order to more closely parallel the State
enabling legislation and to provide further guidance regarding appropriate variances:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment of the Subdivision and Land Development Ordinance is initiated
to revise Section 13-91 to read as follows:
Section 13-91. Varuses Variation.
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Minutes of April 25, 1989
(a) Upon application by a subdivider or developer. the Commission may authorize
variation in the substantive regulations contained in Divisions 4 and 5 of this Article when it finds that
a variation is warranted due to an unusual situation or when strict adherence to the general regulations
would result in substantial injustice or hardship,
(b) No variation shall be granted by the commission unless the applicant can demonstrate
to the satisfaction of the Commission that;
(1) The variation is in conformance with the Town Plan and the purpose and intent
of this Article it will not be of substantial detriment to_adlacent3 property, will not be contrary
to the Public health. safety and general welfare, and the situation is not of so general or
recurring a nature as to make it_reasonahy practicable and desirable to address the situation
through an amendment of the regulations,
(2) The design and construction of the resulting public improvements are approved
by the Director of Engineering and Public Works,
(3) Any variation in public street requirements is reasonable in relation to ultimate •
projected traffic generation in the project area and will not result in public street sections that
are ineligible for Virtnia Department of Highways and Transportation maintenance payments.
(4) Any variation in sidewalk standards is justified because other adequate provisions
have been or are proposed to be made for pedestrian traffic.
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(c) No variation granted pursuant to this section shall relieve the obligation of the
subdivider or developer to comply with any other applicable local or state regulations,
(d) In authorizing a Mance variation the Commission may impose such conditions
regarding the location, character and other features of the proposed subdivision or development as it
may deem necessary in the pubnterest, and may require a
guarantee or bond to insure compliance
with the conditions imposed-�lic ipaias a.,a .Y:n ...,.,.: r _ l• i ,,
(e) Applications forvecianeavariation may be made by any
effieeasubdivider or developer. Such application shall be made to the Land Development Official
^^^^^+=^^a with noes ,dapted}y *ha Cammia.ion prior to submittal of a final plat or final development
plan for the subject Property. Once the application has been determined to be complete by the Land
Development Official, the application and accompanyingmaps plans or other information shall be
transmitted promptly to the-Seeretasy-ofthe.Commiasionv ^ span pleaaccompanying .
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or consideration and action. The Official shall also transmit a copy of
the application to the Council.
(f) The Commission shall conduct a public hearing on the application for variation after
publishing a notice of said public hearing in a newspaper of general circulation in Leesburg and posting
said notice by means of a sign on the property affected by the proposed variation at least 10 duet
preceding the hearing. A sign shall be posted within 10 feet of each abutting street or. if no street
abuts the property, then signs shall be erected on at least two boundaries of the property abutting land
not owned by the applicant, The Commission shall approve, approve with conditions, or deny the
application within 30 days of the conclusion of said hearing. ,
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SECTION II. The Planning Commission shall conduct a public hearing as soon as permitted
by law and report its recommendations on the proposed amendment to the Town Council within 60
days ofthe adoption of this resolution.
83-88 RESOLUTION - AuTHORLZ iG A TIME EXTENSION OF THE PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC
CROSSING SECTION 1C
WHEREAS, The Grimm Company, developers of Potomac Crossing Section 1C have not
completed all the required public improvements in accordance with the approved construction drawings
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Minutes of April 25, 1989
and town standards within the two year period agreed to in the contract for pugiic improvements; and
WHEREAS, the irrevocable letter of credit from United Savings Bank of Virginia inthe amount
of$385,740.00 expires on May 6, 1989; and I;
WHEREAS, a new letter of credit from United Savings Bank of Virginia in the amount of
$385,740.00 has been provided by the developer to guarantee installation ofhthe remaining public
improvements for Potomac Crossing Section 1C and this amount has been approved by the Director of
Engineering and Public Works.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in,Virginia as follows:
SECTION. I. The irrevocable letter of credit from United Savings Bank of Virginia in the
amount of$385,740.00 in a form approved by the Town Attorney and an extension of one year for the
installation of public improvements are approved.
89-87 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR IMPROVEMENTS AT THE EXISTING!CATTAIL BRANCH
SEWAGE PUMPING STATION
It
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager chall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for an
`" expansion of the emergency holding pond at the existing Cattail Branch Sewage Pum ping Station.
SECTION II. The irrevocable bank letter of credit in a form approved',by the town attorney
from First American Bank in the amount of$22,633.00 is approved as security tobguarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for an expansion of the emergency holding pond at the existing Cattail Branch Sewage Pumping Station.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None t,
On motion of Mr. Clem, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted. I�
89-88 - RESOLUTION - AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE
PURCHASE OF ELECTRIC SERVICE WITH VIRGZNIA•POWER
WHEREAS, a steering committee composed of representatives of the Virginia Municipal League
and the Virginia Association of Counties has successfully negotiated an agreement with Virginia Power
to provide local governments with electricity for the period to July 1, 1988, to June 30, 1991; and
WHEREAS, the new rates will be retroactive to July 1, 1988, and will provide a basic rate
decrease of 14% in comparison to rates previously charged; and
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WHEREAS, during the second and third year of the agreement, rates will increase 2.5% and
2.4% respectively:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the
manager is authorized to execute an agrement with Virginia Power for the purchase of electric service
for the period of July 1, 1988, to June 30, 1991.
Mayor Sevila stated that an important point in this resolution Is that the Virginia Association
of Counties and Virginia Municipal Leagues successfully negotiated a rate that i9 14% below what the
town is presently paying and it is retroactive.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
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On motion of Mr. Tolbert, seconded by Mr. Kimball, item 10(j) was referred back to committee
for further consideration.
On motion of Mr. Tolbert, seconded by Mr. Kimhall, the following resolution was proposed and •
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unanimously adopted. ,
89-89 - RESOLUTION - AUTHORIZING THE CLOSING OF CERTAIN TOWN STREETS FOR THE
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Minutes of April 25, 1989
NVBIA TEN KILOMETER RACE
WHEREAS, the Northern Virginia Building Industry Association is sponsoring a ten kilometer
road race at 8:00 am., on June 11, 1989; and
WHEREAS, the race is run to benefit the Loudoun County homeless shelter; and
WHEREAS, over 500 runners are expected to participate; and
WHEREAS, the race route includes some streets located within the town limits; and
WHEREAS, the event is expected to last approximately two hours:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager and police chief are hereby authorized to close the town streets shown on
the attached map for the time necessary to allow racers to pass during the NVBIA ten kilometer race
on June 11, 1989. i
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Mayor Sevila stated that the proceeds from the race will be used to provide support to the
homeless shelter in Leesburg. In the past, this race was sponsored by the hospital and now NVBIA
will be sponsoring this race.
Aye: Councilmembers Clem, Kimball, Lovin, Muk key, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
89-90 - RESOLUTION - ENDORSING THE 1989 BLUE RIDGE TO THE WHITE HOUSE
WHEELCHAIR RACE OF CHAMPIONS
WHEREAS, the 1989 Blue Ridge to the White House Wheelchair Race of Champions is
scheduled for 8:00 am., to 1:00 p.m., on May 1, 1989; and
WHEREAS, the race will follow the W&OD Bike Trail from Purcellvi le to Washington, D.C.;
and
WHEREAS, the racers will pass through Leesburg around 8:45 am.; and
WHEREAS, race officials have coordinated the control of the route through town with the police
chief; and
WHEREAS, ten of the forest wheelchair road racing' athletes in the world will be competing
for the benefit of Grafton School, a residential educational facility for seriously handicapped children
and Shalom et Benedictus, a drug and alcohol treatment facility for adolescents:
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
The Blue Ridge to Washington D.C. Wheelchair Race of Champions is hereby heartily endorsed
and volunteers and sponsors of the worthy event are commended.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay. None
On motion of Mr. Tolbert, seconded by Mr. Lovin, the meeting was adjourned.
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Robert E. Sevila, Mayor
Town of Leesburg
Clerk of Council