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MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
July 25, 1989
A regular' meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S. W., Leesburg, Virginia on July 25, 1989 at 7:30 p.m. The meeting was called to
order by the Mayor, with the invocation given by Councilmember Tolbert and the Salute to the Flag
led by Councilmember Forester. Present were: Mayor Robert E. Sevila, Councilmembers, Clem,
Forester, Kimball, Lovin, Mulokey and John W. Tolbert, Jr. Planning Commissioners present were:
Mervin Jackson, Mike Belles and Ann Darling. Also present were: Town Manager Jeffrey H. Minor,
Assistant Town Manager Steve Brown, Director of Engineering and Public Works Thomas A. Mason,
Director of Parks and Recreation Gary Huff, Capital Projects Coordinator Thomas J. Rio, Public
Information Officer Susan Farmer and Deputy.Town Attorney Deborah Welsh.
On motion of Mr. Tolbert, seconded by Mr. Lovin, the minutes of the regular meeting of March
23, 1988, November 22, 1988 and July 11, 1989 were unanimously approved.
Petitioners
Douvlas Carter President of Davis and Carter,an architectural firm affiliated with the Staubach
Company, representing the County of Loudoun, addressed the Council. The firm is in the process of
looking for a location to house the county government facilities. Mr. Carter explained that there have
been a series of sites offered to the County that are both within the boundary of the Town of Leesburg
and to the east of Leesburg, mainly along Route 7. The County owns property within the historic
district of Leesburg and there has been a great deal of interest expressed by both the Town of Leesburg
and Loudoun County, that the County maintain its offices in Leesburg. Davis and Carter's specific
duties were to assist the Staubach Company in a site analysis for all of the proposed sites, specifically
within Leesburg. There has been no conclusion drawn, at this time. Davis and Carter has tried to
look at what the County owns, how it can be utilized and what will the impact be on downtown
Leesburg. Another responsibility of Davis and Carter was to find out what the County needs to
build. Mr. Carter began a slide presentation, with comments on space planning. In order to provide
the citizens of Loudoun County with efficient and cost effective services, Davis and Carter is looking
to centralize a lot of the County's departments. A 200 page document was compiled by Davis and
Carter that identifies every space that will be required in the new County complex. This document was
done in an increment of two five year segments. A projected move-in date for the County will be 1992.
In 2002, a projected space requirement for Loudoun County is approximately 800,000 square feet.
Mr. Carter spoke of the three proposed downtown Leesburg sites; the Pennington site, the
School Board site and the hospital site. Location of the County complex on the Pennington site, would
require some road frontage improvements and there would be approximately 300,000 square feet on this
site. The existing School Board site would allow for approximately 200,000 square feet, developed to
a .5 density. The third site is the hospital site and the concept here was that the hospital would move
to one of the new sites being offered to the County, the County would then develop the hospital site.
The hospital buildings would have to be gutted and then developed for the County's functions. The
original 1917 hospital would be totally non-functional for County uses, it would be very expensive to
bring it up to 1992 code standards. The newer buildings would allow for construction of a major
building on the south end of the hospital site and then would need to be renovated. This would still
not yield enough space to meet the County's requirements. Additional new buildings would have to
be constructed, which would yield approximately 500,000 square feet. The space problem would be
solved, but would create some functional deficiencies, because the county needs large, open spaces for
a lot of departments and in this existing building, there are a lot of tightly confined bed wings.
Another complication for the hospital sight is that of timing. Before the hospital could move, it would
have to prepare a certificate of need, deliver the application to the Regional Health Planning Authority
and go through a hearing process, before they knew they could move off of the site. This process could
take up to 12 months.
If the County was going to stay in downtown Leesburg, and adding 800,000 square feet of office
space in downtown Leesburg, this would be a 100% increase in space in the downtown area and a
corresponding increase in traffic movement in and out of.Leesburg. These types of things need to be
thought about before any decisions are made on the facility coming to downtown Leesburg.
Mayor Sevila asked Mr. Carter what the County's basis for centralizing their offices was. Mr.
Carter noted that Fairfax County was on its way to becoming centralized. There are efficiencies in
terms of centralization, when departments have to interrelate. The objective is to create a facility that
will allow the County to operate more efficiently.
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Minutes of the regular Town Council meeting of July 25, 1989
Mayor Sevila and members of the Council thanked Mr. Carter and Loudoun County for the
presentation.
Mr. Mike Move addressed the Council stating that he attended a Natural Hazards Conference
in Bolder, Colorado. He explained that Bolder, Colorado is a small community north of Denver located
at the foothills of the Rockies. Bolder has a creek called "Bolder Creek" that meanders its way down
through the town of Bolder in its natural state. The town has not tried to channel the creek or alter
its course, but have worked with it and adopted it into the town planning. It is a real enhancement
to the town. The conference addressed hazards, not only floods but earth quakes, volcanos, wild fires,
droughts, including manmade hazards. The people that spoke at the conference, all called for
comprehensive management of the hazards to work with the natural environment. They encourage
public and private partnerships in managing those hazards. Mr. Moye presented and read a petition,
to present to the Mayor, signed by approximately 159 neighboring people.
Mayor Sevila stated that between the time of preliminary plat submission and record plat
• approval, any changes in subdivision requirements, including stormwater management are binding.
Mr. Minor stated that the town's assumption is that the developer will respond responsibly and
favorably to reasonable comments made by the town. The town recognizes clearly the concerns of the
neighborhood. Mr. Moye stated that citizens have received positive feedback from the town and wanted
to continue to extend their concern.
Mayor Sevila wished to congratulate Jeremy House of WAGE Radio, for his new position with
a radio station in Lexington Park, Maryland. Mayor Sevila thanked Mr. House for the fine job that
he has done for the town. Mr. House then introduced his replacement, Mr. Shawn Hennessy,
previously a resident of Boston.
Councilmember Comments
Mr. Mulokey joined the Mayor last Thursday in greeting Mr. Stuart Morris and Mr. Powell
Harrison of the George C. Marshall Home Preservation Fund. He thanked Mr. Morris and his firm
for the title search and history of Dodona Manor. The entire event was taped by a German television
station and was broadcast in Germany on Sunday. Multi-vision will produce this film on the local
origination channel in Leesburg.
Home Team Sports will be broadcast beginning mid-August. There will be a promotion in
September, including Home Team Sports and a number of other offerings that Multi-vision will be
providing to the town. These will be a part of the basic service. Mr. Mulokey noted a moderate
increase in subscribership.
Mr. Lovin attended the Northern Virginia Subregional Transportation Plan 2010 that was
presented by VDOT. It was a very interesting discussion. He congratulated the Virginia Toll Road
Corporation, who was named to be the firm to build the Leesburg Toll Road.
Mr. Lovin attended the Listening Session on Saturday but was unable to stay for the last hour.
Mr. Tolbert volunteered to stay for the remaining hour. There were several citizens who came in.
Mr. Clem thanked the citizens of Mosby Drive for their interest in the preservation of the creek
and their support in addressing the needs of the stormwater management in this area.
He thanked Mr. Minor and staff fora fine Activity Report this week. He also wished to thank
the fire and rescue personnel in the town and county for their efforts spent this week in Markham,
Virginia and the Route 55 corridor, searching for bodies that were caught in the flash flood.
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Mr. Kimball had no comments.
Mr. Forester reported that the Planning Commission voted to cancel its August 24, 1989
meeting. The Potomac Crossing South rezoning #ZM-109 has been deferred for 75 days at the request
of the applicant.
Mrs. Forester attended the First Annual Scholarship Banquet of the Positive Youth Works
Incorporated in Leesburg. She enjoyed the presentation made by this group and the interest that they
have shown.
Mrs. Forester, members of the Planning Commission and citizens met with the developer of
Exeter Hills, Mr. Albrittan and his engineer to work out some concerns that neighbors had about the
development. She looks forward to conditional approval of the first phase of the subdivision at
Thursday's Planning Commission meeting.
Mrs. Forester gave Mr. Minor a typed copy of the Listening Session comments.
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Minutes of the regular Town Council meeting of July 25, 1989 •
Mr. Tolbert was glad to take part in the ribbon cutting ceremony for the new public works
facility.
Mayor's Report
Mayor Sevila stated that the Greater Loudoun Babe Ruth team are in the state championship,
which will be held in Georgia
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The commercial zoning task force committee has now been fully staffed and had their second
meeting last night. The committee elected officers, adopted bi-laws and began to organize their
workload.
Mayor Sevila learned over the weekend that the County government was on the verge of
making a decision to lease approximately 80,000 square feet of office space on Route 28 to house 6 of
their governmental departments, currently located in Leesburg, that consist of approximately 185 jobs.
These departments were; technical services, planning and zoning, engineering, department of natural
resources, economic development and environmental health. The meeting was not on the county
1 agenda. The Mayor attempted to reach as many people as he could and nearly 2 dozen businessmen
attended the meeting. The county did hear from these individuals and did agree to defer a decision
until August 2. Mayor Sevila noted that this was a critical decision that the county was about to make
and tried to express to the county how important this was to the town. It is extremely important for
all citizens who may be affected by this decision, to let their views be known to the Board of
Supervisors, both prior to and at the meeting on Tuesday.
Manager's Report
Mr. Minor noted that the Council did receive a copy of the written Activity Report on Monday.
Christy Struble has been hired for the planning department. She currently works in the planning
department for the City of Alexandria
Peter Stephenson and Scott Johnson have completed their American Institute of Certified
Planners examination.
IThe Guide to Municipal Services is almost complete and should be back from the printers on
August 4.
Mayor Sevila stated that he received a copy of a letter dated July 17 from Mrs. Patricia Ward
Freeman, thanking Mr. Mulokey and Mr. Kimball for their attention to her concerns at the Listening
Session.
Legislation
On motion of Mrs. Forester, seconded by Mr. Mulokey, the following ordinance was proposed
and adopted.
89-0-20 - ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE
ZONING DISTRICT' MAP FOR #ZM-108 BY CARL BERNSTEIN
• INVESTMENT CORPORATION
WHEREAS, the Town of Leesburg received a complete rezoning application and fees from Carl
Bernstein Investment Corporation on March 10, 1989; and
WHEREAS, Mr. Howard B. Katz has applied on behalf of Carl Bernstein Investment
Corporation to rezone approximately 17.41 acres of land located on the north side of Lawson Road
(Route 654), and further identified as Loudoun County Tax Map 48, Parcels 76C, 76I,Tax Map 48((8)),
Parcel 5, and Tax Map 48J((1)), Parcel 2B, from the County R-1 residential zoning district to the Town
R-1 residential zoning district with proffers; and
WHEREAS, the Town Council received and referred this application to the Planning
Commission for public hearing and recommendation under Chapter 11, Title 15.12 of the 1950 Code
of Virginia, as amended, on March 28, 1989; and
WHEREAS, the applicant submitted revised proffers on May 10, 1989; and
WHEREAS, the Planning Commission held a public hearing on this rezoning application on
May 11, 1989; and
WHEREAS, the concept plan submitted with this application, proposing thirty-three (33) single-
family residential lots at an overall density of 1.92 dwelling units per acre and identified as Beauregard
Estates, Phase 4°, was revised by the applicant on May 15, 1989; and
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Minutes of the regular Town Council meeting of July 25, 1989
WHEREAS, on May 18, 1989 the Planning Commission unanimously recommended approval
of this rezoning application with proffers, pending Town Attorney review of the draft proffers and
concept plan prior to Town Council adoption; and
WHEREAS, The Town Council held a public hearing on case #ZM-108 on July 11, 1989; and
WHEREAS, the applicant submitted revised proffers on July 13, 1989; and
WHEREAS, the Planning and Zoning Committee of the Town Council recommended approval
of case #ZM-108 with proffers on July 19, 1989; and
WHEREAS, the applicant submitted final revised proffers signed and notarized on July 20, 1989;
and
WHEREAS, the proposed Town R-1 zoning, with proffers, and residential development is
compatible with surrounding zoning and other residential development in the area; and
WHEREAS, the proposed Town R-1 zoning with proffers, and residential development is
consistent with the intended uses and activities designated for this area by the Land Use Policy Map
component of the Town Plan 1986, as amended; and
WHEREAS, this rezoning request is in the interest of public necessity, convenience, general
welfare and good zoning practice:
THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-108 by Carl Bernstein Investment Corporation is
hereby approved and the Leesburg Zoning District Map is amended to change from County R-1 to Town
R-1, with proffers, 17.41 acres of land located on the north side of Lawson Road (Route 654), and
further identified as Loudoun County Tax Map 48, Parcel 76C, 761, and Tax Map 48((8)), Parcel 5, and
Tax Map 48J((1)), Parcel 2B, as shown on the concept plan drawn by Paciulli, Simmons & Associated,
Ltd. revised May 15, 1989; subject to the following conditions proffered in writing by the property owner
on July 20, 1989 in accordance with the provisions of Section 15.1491(a) of the 1950 Code of Virginia,
as amended:
1. Concept Plan
The tract shall be subdivided into not more than thirty-three (33) lots in general conformance
with the concept plan, prepared by Paciulli, Simmons & Associates, Ltd., dated March 3, 1989
and revised May 15, 1989, attached hereto and made a part hereof, as approved by the Town
Council. Site development and all development of this parcel shall comply with zoning, and
subdivision and land development regulations and any and all other laws of Town, State and/or
County. Final site design or lot designation is not approved with the adoption of this rezoning,
and no planning or engineering requirements or standards shall be waived solely as the result
of rezoning approval.
2. Regional Road Improvement
The Town, prior to the issuance of a zoning permit for each new dwelling unit constructed
within the tract, shall be paid by the developer a non-refundable One Thousand and No/100
Dollars ($1,000.00) cash contribution per dwelling unit for each new dwelling unit to be used
for regional road improvements in the area, as determined by the Town.
3. Fire. Rescue and Public Park
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The developer, prior to the issuance of zoning permits for each new dwelling unit on the
property, shall make a non-refundable cash contribution to the Town of Leesburg, of One
Hundred and no/100 Dollars ($100.00) per dwelling unit for fire and rescue and Two Hundred
and No/100 Dollars ($200.00) per dwelling unit for Ida Lee Park for each dwelling unit
constructed on the property.
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4. Vegetation and Slope
Both steep slopes and mature trees shall be protected to the greatest extent possible as shown
on the concept plan, referenced in Proffer#1. A detailed grading/house location plan and tree
preservation plan including two(2) foot topography and fifteen(15) to twenty-five percent(25%)
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slopes shall be submitted to the Town for Planning Commission approval as a part of the
preliminary subdivision application. Mature trees (18" DBH) and slopes in excess of fifteen
percent (15%) may be removed or modified only as necessary to accommodate site construction,
Minutes of the regular Town Council meeting of July 25, 1989
access, utility service and creation of usable lots and yards for proposed dwellings, as approved
as part of the above-mentioned plans. Slopes in excess of twenty-five percent (25%) shall be
preserved.
5. Lawson Road Frontage Improvements
The developer, at the time of final plat approval, shall dedicate a right-of-way free and clear of
all encumbrances in fee simple with General Warranty of Title in a form approved by the Town
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Attorney for, as well as bond and construct one half of a thirty-six (36) foot curb and gutter
section along the frontage of this property to match the improvements proffered and adopted
as a part of al-102 for VCH, Inc. across Lawson Road to the east, in accordance with Town
and VDOT standards, and subject to inspection and approval by the Town.
i6. East Battlefield Parkway Improvements
The developer, at the time of final plat approval, shall bond and construct the•southern cross
section of East Battlefield Parkway, from the point at which ZM-98 for High Point Associates
terminates to its intersection with Tavistock Drive, in accordance with Town and VDOT
standards and subject to inspection and approval by the Town.
7. Lawson Road
The applicant agrees and proffers that at such time as Lawson Road is closed, and a cul-de-
sac created at Tuscarora Creek, the applicant will interpose no objection thereto.
SECTION U. This ordinance shall be in effect upon its passage.
Mr. Minor explained that this rezoning has received unanimous approval by the Planning
Commission, as well as, Council committee. Two public hearings have been held and signed proffers
• have been received. This will rezone property from County R-1 to Town R-1 and will include 33 single-
family detached homes. .
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey and Tolbert.
Nay: None
Abstaining from the vote: Mayor Sevila
On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
89-143 - RESOLUTION - APPROVING INITIAL REVISIONS TO THE PROPOSED LEESBURG
COMMERCIAL ZONING DISTRICT REGULATIONS
WHEREAS, this Council established an ad hoc citizens advisory committee to assist with the
review of the proposed consolidated commercial zoning district regulations on July 11; and
WHEREAS, the draft ordinance was the subject of a public roundtable meeting on June 24,
1989, with over 100 persons in attendance; and
WHEREAS, additional comments and suggestions were heard at that meeting, which the
Council considered at its Planning & Zoning Committee meeting on July 19, 1989; and
WHEREAS, this Council wishes to formally address those comments as summarized in a
memorandum to the Council on July 17, 1989:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The attached list of amendments and deletions to the proposed commercial district regulations
is approved for incorporation in the transmittal of the draft zoning ordinance amendments to the
Citizens Advisory Committee on the Proposed Commercial District Regulations and shall be made a
part of the July 25, 1989, draft under their review.
Mayor Sevila stated that this legislation is meant to help redirect the committee and is not
intended as any phase in the ordinance adoption process.
Aye: Councilmember Clem, Forester, Kimball, Lavin, Mulokey, Tolbert and Mayor Set
Nay: None
On motion of Mr. Tolbert,seconded by Mrs. Forester,the following resolution was proposed and
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Minutes of the regular Town Council meeting of July 25, 1989
unanimously adopted.
89-144 - RESOLUTION - ESTABLISHING AN AD HOC COMMITTEE TO PROMOTE THE
RETENTION OF THE COUNTY SEAT IN LEESBURG
WHEREAS, this Council on November 8, 1988 endorsed a Leesburg location for Loudoun
County's consolidated government center; and
WHEREAS, Leesburg has been the county seat and center for county administration for over
230 years; and
WHEREAS, the preservation of major elements of county administration in or neer Leesburg's
historic downtown is of the highest priority of this Council; and
WHEREAS, the growth, vitality and major role Leesburg plays today in the civic, business
and cultural life of the county is inextricably linked to the town rernnining the county seat and host
for the county's administrative offices; and
WHEREAS, this Council wishes to participate in and promote the efforts of Leesburg's business
and professional community to ensure the Loudoun County Board of Supervisors carefully considers the
manifold tangible and intangible benefits a Leesburg location for the new county administrative complex
holds for both the county's and the town's future:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A committee is hereby created of town government representatives and leaders
of the Leesburg business and professional community and citizens to work toward the preservation of
Leesburg as the county seat for Loudoun County government and to ensure that the future consolidated
county administrative complex will be located in or near Leesburg's Historic District.
SECTION II. The following are hereby appointed to serve on this committee until its
expiration:
Mr. Paul E. Bengtson Mr. Howard M. Armfield
Mr. Ken Crovo Mr. Grenville T. Emmet
Mr. Christopher Mundy
Mr. Norman Myers
Mr. Bruce T. Roberts
Mr. Kimball stated that Mr. Armfield may consider adding additional names a later date.
Mayor Sevila told Mr. Armfield to feel free to add additional names to this committee and
thanked him for his interest shown towards this committee.
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Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Clem, seconded by Mr. Kimball, the following items were proposed as consent
items and were unanimously adopted.
89-145 - RESOLUTION- AUTHORIZING A NOTICE OF PUBLIC HEARING ON THE AMENDMENT
TO SECTION 13-91 VARIATIONS OF THE LEESBURG SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider the amendment to Section 13-91 Variations of the
Leesburg Subdivision and Land Development Regulations shall be published in the Loudoun Times
Mirror on August 24, 1989 and August 31, 1989 for public hearing on September 12, 1989 at 7:30 p.m.
in the Council Chambers located at 10 Loudoun Street, S.W., Leesburg, Virginia.
89-148 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS IN LEESBURG AIRPARK, BUILDING F
WHEREAS, Ward Corporation, the developer of Leesburg Airpark, Building F has completed
the public improvements in accordance with approved plans and town standards, and these have been
inspected and approved.
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Minutes of the regular Town Council meeting of July 25, 1989
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 The Washington Bank in the amount of
$7,000.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of$1,750.00 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
111conveying unto the town all such improvements and easements free of any liens or charges.
89-147 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS IN LEESBURG AIRPARK, ROUTE 643 FRONTAGE
IMPROVEMENTS
WHEREAS, Ward Corporation, the developer of Leesburg Airpark, Route 643 Frontage
Improvements 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:
SECTION I. The irrevocable letter of credit from The Washington Bank in the amount of
$20,500.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of$5,125.00 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 charges, and delivery
of as-built drawings.
89-148 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS IN LEESBURG AIRPARK BUILDING G AND
MILLER DRIVE
WHEREAS, Ward Corporation, the developer of Leesburg Airpark Building G and Miller Drive
has completed the public improvements in accordance with approved plans and town standards, and
these have been inspected and approved, except for the final paving of the Miller Drive cul-de-sac.
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 The Washington Bank in the amount of
$232,068.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of$50,000.00 is approved, and shall be in effect for a period of one year from
this date.
SECTION IL A performance guarantee in the amount of$3,000.00 in a form approved by the
town attorney is approved to guarantee the final paving of the Miller Drive cul-de-sac, and shall be
in effect for a period of one year.
• SECTION III. This release is contingent upon delivery of a property executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Kimball, seconded by Mr. Tolbert, the following resolution was proposed and
unanimously adopted.
89-149 - RESOLUTION - ADOPTING THE SOUTH KING STREET STREETSCAPE PLAN
WHEREAS, a major objective of the Leesburg Town Council is to continue beautification of
major entrances to town; and
WHEREAS, the Leesburg Economic Development Advisory Commission (EDAC) has completed
a landscaping project on East Market Street and has planned a similar project for South King Street.
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
Minutes of the regular Town Council meeting of July 25, 1989
SECTION I. The South King Street landscaping plan, dated March 6, 1989, that was
recommended by EDAC and presented to the Town Council's Administration and Public Works
Committee on July 19, 1989 is hereby approved subject to appropriate modification to incorporate the
improved Clubhouse Drive intersection and other traffic safety measures.
SECTION H. The plan is to be phased to provide initial plantings on the medians and bypass
ramps in fiscal year 1990.
SECTION III. The town staff is authorized to solicit and incorporate funding from private sector
groups plus include funding in next year's capital improvement program to complete the project.
Mr. Kimball wished to applaud the efforts of EDAC for this very positive community addition.
Mr. Mulokev pointed out that the town, through this plan, will be providing private citizens and
businesses with an opportunity to contribute to the beautification of Leesburg by financing various
garden plots and fixtures within the landscape.
Mayor Sevila stated that the Route 7 corridor plan has shown that a plan can be adopted and
ultimately arrive at a product that everyone can be proud of.
He mentioned a concern raised by several citizens regarding the entrance into the west part of
the town, which is unfortunately located in the County. The median ramp is strewed with litter, the
shrubbery is overgrown and is weed infested. This creates an unfortunate impression and appearance
to people entering Leesburg for the first time, from the west. The Mayor questioned whether the town
has any cooperative agreement with the County or VDOT that would enable the staff to send a town
force to clean and shape up this part of the town. Mr. Minor stated that the town has initiated a
program, this year, to better manage the vegetation along the ramps and bypass. He suggested writing
a letter to VDOT bringing this concern to their attention.
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
89-150 - RESOLUTION - REAPPOINTING PATRICIA DEV NE TO THE LEESBURG BOARD OF
ARCHITECTURAL REVIEW
WHEREAS, the term of Patricia Devine as a member of the Leesburg Board of Architectural
Review will expire on June 30, 1989:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Patricia Devine is appointed to the Leesburg Board of Architectural Review for a term to expire
June 30, 1993.
Mr. Lovin stated that he has served on the BAR with Mrs. Devine. She is a very dedicated
person and hard worker.
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila •
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Nay: None
Pursuant to Section 2.1-344 of the Code of Virginia, Mrs. Forester moved that the Leesburg
Town Council go into Executive Session. The authority for this Executive Session is found in Section
2.1-344(a) Subsection (1) and (3) of the 1950 Code of Virginia, as amended. The public business
matters to be discussed are:
1. Prospective appointees to the Leesburg Planning Commission and the Parks and
Recreation Commission.
2. The acquisition of easements for the Phase VI Storm Drainage Project, _
The Town Manager, Assistant Town Manager, Director of Engineering and Public Works,
Capital Projects Coordinator and the Town Attorney are requested to remain for the meeting. The
motion was seconded by Mr. Mulokey.
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Set
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Minutes of the regular Town Council meeting of July 25, 1989
Nay: None
Mrs. Forester moved that the Executive Session be adjourned, that the Town Council of the
Town of Leesburg reconvene its public meeting, and that no formal action was taken in the Executive
Session. The Resolution Certifying the Executive Session is adopted and reflected in the minutes of
this public meeting. The motion was seconded by Mr. Mulokey.
89-161 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF JULY 25, 1989 •
WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg
and in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does
hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully
exempted from open meeting requirements under the Freedom of Information Act were discussed in
the Executive Session to which this certification applies; and 2) only such public business matters as
were identified in the Motion by which the said Executive Session was convened were heard, discussed
•
or considered by the Town Council of the Town of Leesburg.
Aye: Councilmember Clem, Forester, Kimball, Lavin, Mulokey, Tolbert and Mayor Sevila
Nay: None •
On motion of Mrs. Forester, seconded by Mr. Tolbert, the following resolutions were proposed
and unanimously adopted.
89-151 - RESOLUTION • AUTHORIZING AN OFFER TO LLOYD G. SCARBROUGH AND CAROL
L. SCARBROUGH FOR PURCHASE OF SANITARY SEWER EASEMENT NEEDED
FOR THE PHASE VI STORM DRAINAGE IMPROVEMENT PROJECT &
AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
area and related water and sanitary sewer line replacements and roadway widening; and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
WHEREAS, easements for sanitary sewers, storm sewers, water lines and right-of-way for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project during the 1989 construction season is a high priority
since this will correct severe flooding problems on Dry Mill Road.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION L Lloyd G. Scarbrough and Carol L. Scarbrough are hereby offered a sum of
$340.00 as just compensation for the easements and/or area required for roadway widening shown on
the attached plat and described in the easement documents.
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 easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
systems and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of$340.00 payable to the Clerk of the
Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
89-152 - RESOLUTION - AUTHORIZING AN OFFER TO RALPH S. CUMBERLAND JR, AND
LINDA D. CUMBERLAND FOR PURCHASE OF SANITARY SEWER EASEMENT
NEEDED FOR THE PHASE VI STORM DRAINAGE IMPROVEMENT PROJECT &
AUTHORIZING CONDEMNATION PROCEEDINGS
WHFREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
area and related water and sanitary sewer line replacements and roadway widening; and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
336 •
Minutes of the regular Town Council meeting of July 25, 1989
WHEREAS, easements for sanitary sewers, storm sewers, water lines and right-of-way for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project during the 1989 construction season is a high priority
since this will correct severe flooding problems on Dry Mill Road.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Ralph S. Cumberland Jr., and Linda D. Cumberland are hereby offered a sum
111
of$750.00 as just compensation for the easements and/or area required for roadway widening shown
on the attached plat and described in the easement documents.
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 easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
systems and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of$750.00 payable to the Clerk of the
Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
89-153 - RESOLUTION- AUTHORIZING AN OFThR TO JAMES E. KIDWELL AND DOROTHY K
KIDWELL FOR PURCHASE OF SANITARY SEWER EASEMENT NEEDED FOR THE
PHASE VI STORM DRAINAGE IMPROVEMENT PROJECT & AUTHORIZING
CONDEMNATION PROCEEDINGS
WHEREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
area and related water and sanitary sewer line replacements and roadway widening; and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
WHEREAS, easements for sanitary sewers, storm sewers, water lines and right-of-way for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project during the 1989 construction season is a high priority
since this will correct severe flooding problems on Dry Mill Road.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. James E. Kidwell and Dorothy K. Kidwell are hereby offered a sum of$1,270.00
as just compensation for the easements and/or area required for roadway widening shown on the
attached plat and described in the easement documents.
SECTION U. 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 easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
systems and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of$1,270.00 payable to the Clerk of the
Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
89-154 - RESOLUTION- AUTHORIZING AN Oi'nR TO BILLY J. TISINGER,TRUSTEE FOR THE
PURCHASE OF SANITARY SEWER EASEMENT. STORM DRAINAGE EASEMENT,
TEMPORARY CONSTRUCTION AND GRADING EASEMENT AND RIGHT-OF-WAY
DEDICATION NEEDED FOR THE PHASE VI STORM DRAINAGE IMPROVEMENT
PROJECT & AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
area and related water and sanitary sewer line replacements and roadway widening; and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
WHEREAS, easements for sanitary sewers, storm sewers, water lines and right-of-way for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project during the 1989 construction season is a high priority
337
i
Minutes of the regular Town Council meeting of July 25, 1989
since this will correct severe flooding'problems on Dry Mill Road.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: •
SECTION I. Billy J. Tisinger, Trustee is hereby offered a sum of $15,901.00 as just
compensation for the easements and/or area required for roadway widening shown on the attached plat
and described in the easement documents.
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 easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
systems and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of$15,901.00 payable to the Clerk of the
Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
89-155 - RESOLUTION - AUTHORIZING AN OFnR TO JAMES T. ANDERSON, H.K. BENHAM,
III AND ILONA E. BENHAM FOR THE PURCHASE OF SANITARY SEWER
EASEMENT NEEDED FOR THE PHASE VI STORM DRAINAGE IMPROVEMENT
PROJECT & AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
area and related water and sanitary sewer line replacements and roadway widening; and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
WHEREAS, easements for sanitary sewers, storm sewers, water lines and right-of-way for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project during the 1989 construction season is a high priority
since this will correct severe flooding problems on Dry Mill Road.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. James T. Anderson, H.K. Benham, III and Ilona E. Benham is hereby offered
a sum of$136.00 as just compensation for the easements and/or area required for roadway widening
shown on the attached plat and described in the easement documents.
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 easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
systems and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of$136.00 payable to the Clerk of the
Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
89-158 - RESOLUTION - AUTHORIZING AN OFFtR TO WILLIAM LEE MCCLELLAN AND
CHARLOTTE G. MCCLELLAN FOR THE PURCHASE OF STORM DRAINAGE
EASEMENT NEEDED FOR THE PHASE VI STORM DRAINAGE IMPROVEMENT
PROJECT & AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
area and related water and sanitary sewer line replacements and roadway widening; and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
WHEREAS, easements for sanitary sewers, storm sewers, water lines and right-of-way for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project during the 1989 construction season is a high priority
since this will correct severe flooding problems on Dry Mill Road.
• THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
• SECTION I. William Lee McClellan and Charlotte G. McClellan are hereby offered a sum of
$600.00 as just compensation for the easements and/or area required for roadway widening shown on
' »H
Minutes of the regular Town Council meeting of July 25, 1989
the attached plat and described in the easement documents.
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 easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
systems and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of$600.00 payable to the Clerk of the
Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
89-159 • RESOLUTION- AUTHORIZING AN OFFER TO JANE ATWELL HENKEL AND WILLIAM
C. HENKEL FOR THE PURCHASE OF RIGHT-OF-WAY DEDICATION NEEDED
FOR THE PHASE VI STORM DRAINAGE IMPROVEMENT PROJECT &
AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call •
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
area and related water and sanitary sewer line replacements and roadway widening; and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
WHEREAS, easements for sanitary sewers, storm sewers, water lines and right-of-way-for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project during the 1989 construction season is a high priority
since this will correct severe flooding problems on Dry Mill Road.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Jane Atwell Henkel and William C. Henkel are hereby offered a sum of$767.00
as just compensation for the easements and/or area required for roadway widening shown on the
attached plat and described in the easement documents.
SECTION H. In the event this offer is not accepted in writing within ten (10) days from
111
receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire
the easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
systems and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of$767.00 payable to the Clerk of the
' Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
89-160 - RESOLUTION - AUTHORIZING AN OFFBR TO WILLIAM J. GEORGE FOR THE
PURCHASE OF STORM DRAINAGE EASEMENT NEEDED FOR THE PHASE VI
SPORM DRAINAGE IMPROVEMENT PROJECT & AUTHORIZING CONDEMNATION
PROCEEDINGS
WHEREAS, the 1977 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements for Town Branch in the Dry Mill Road/Valley View Avenue
• area and related water and sanitary sewer line replacements and roadway widening•, and
WHEREAS, the design has been completed and construction plans and specifications issued and
a construction contract signed with Perry Engineering Company, Inc.; and
WHEREAS, easements for sanitary sewers, storm sewers, water lines and right-of-way for road
widening are required to allow this project to proceed; and
WHEREAS, completion of this project during the 1989 construction season is a high priority
since this will correct severe flooding problems on Dry Mill Road.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. William J. George is hereby offered a sum of$475.00 as just compensation for
the easements and/or area required for roadway widening shown on the attached plat and described
in the easement documents.
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 easements and areas required for street widening and does hereby authorize the Town Attorney
to file the requisite petition for condemnation and early entry in order to construct the storm drain
339
Minutes of the regular Town Council meeting of July 25, 1989
systems and relocation of water and sanitary sewer lines, on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of$475.00 payable to the Clerk of the
Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. •
Aye: Councilmember Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay. None
Resolution numbers 156 and 157 are void and will not be used at any time in the future.
Items (i) and (j) listed on the agenda were deferred. The Town of Leesburg believes that it will
receive these easements without consideration.
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the regular meeting of the Leesburg Town
Council was adjourned at 10:50 p.m.
Robert E. Sevila, Mayor
Clerk of Council •