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HomeMy Public PortalAbout1989_09_12 354 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL • September 12, 1989 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on September 12, 1989 at 7:30 p_m., Council having been in Executive Session from 6:00 p.m., prior thereto. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert and the Salute to the flag led by Councilmember Mulokey. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Claxton E. Lavin, William P. Mulokey and John W. Tolbert, Jr. Absent was Councilmember Donald A. Kimball. Also present were: Town Manager Jeffrey H. Minor, Assistant Town Manager Steve Brown, Director of Finance Paul E.York, Director of Engineering and Public Works Thomas A. Mason, Director of Planning, Zoning and Land Development Katherine Imhoff, Zoning Administrator Andy Conlon and Deputy, Town Attorney Deborah Welsh. Planning Commission members present included: Belles. Forester, Jackson, Johnson and Vaughan. On motion of Mr. Tolbert, seconded by Mr. Mulokey, the minutes of the special meeting of July 13, 1988, regular meeting minutes of April 27, 1988, October 25, 1988, November 8, 1988, December 13, 1988, February 28, 1989, March 14, 1989, April 25, 1989 and August 8, 1989 ;were unanimously approved. Petitioners • There were no petitioners present. JOINT PUBLIC HEARING - ON REZONING APPLICATION #ZM-112 - DRY MILL MANOR - H-1 OVERLAY ZONE/OLD AND HISTORIC DISTRICT • Mr. Jay Hicks stated that the application is a request to reione the southern!portion of the Dry Mill Manor site into the H-1 Historic District. The property is surrounded by Loudoun Street, the 7- 11 on Dry Mill Road, Dr. Orr's office building, the fire house and the Chesterfield ISubdivision. It is bounded on the south by the W&OD Trail and the Town Branch. This application is being initiated by the Town of Leesburg, with the applicant's support. This will give the town architectural control for the entire project. I • Mr. Richard Clement, representing Lehigh Properties addressed the Council stating that they were the contract purchasers of the Dry Mill Manor property and are requesting Council's approval to rezone this property into the H-1 district. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. Mayor Sevila asked that the Planning Commission convene in the upstairs Council Chambers to discuss this rezoning and report back to Council prior to discussion of item 10(a) on the agenda, which is the approval or denial of the ordinance to amend the Historic District zone for Dry Mill Manor. PUBLIC HEARING - AMENDMENTS TO THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS SECTION 13-91 - VARIATIONS Mr. Andy Conlon stated that this was a reinstated amendment to Article 13-91 of the town's Subdivision and Land Development Regulations. This provision provides for variations in the regulations. This amendment was reinitiated by Town Council on April 25, 1989. The Planning Commission held a public hearing on May 25, 1989 and on July 6, 1989 and voted 4-2 to refer this to Council with a recommendation for approval. In the past, Leesburg adopted a similar provision, called variance, which led to some confusion with the Zoning Ordinance provision for variances. This amendment would bring the town's ordinance in line with the State enabling legislation and also provide further guidance in the review process. Currently, the subdivision variances are available for all provisions of the subdivision ordinance. What is proposed with this amendment is that it be limited to the two exceptions of the regulations that deal with geometric standards. Staff has!provided methods for review of these requests, which would provide Council with a more substantive reason for approval or denial. Examples are right-of-way width and provisions of public sidewalks. Mayor Sevila asked if the discretion would be vested entirely with the Planning Commission making these determinations? •' Mr. Conlon answered, yes. The Mayor asked if there have been any particular situations that have arisen which have given rise to the need for the adoption of this variation procedure?! Mr:Minor stated that the fundamental reason for this amendment is that Leesburg has two choices. The first is to have • no variation procedure, the second choice is to have a variation procedure that is consistent with the State law. Currently, the town does not have a variation procedure that is consistent with State law, even though the town has a variance procedure. The town's variance procedure relies on standards for approval based on the Zoning Ordinance and the BZA variance approval, which is wrong, because theirs is a separate enabling authority for variations to Subdivision and Land Development Regulations. In general, this proposal will broaden the discretion that the Planning Commission has to approve variations. In the Peer Manor case, for example, there was a road width problem and the Planning Commission granted a waiver on this, there was some question whether there was authority to grant 355 Minutes of September 12, 1989• �. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mr. Tolbert, seconded by Mr. Cleft, this matter was referred to the Planning and Zoning Committee agenda on September 20, 11989 for further consideration. Aye: Councilmembers Clem, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Councilmember Comments E Mr. Mulokey stated that Home Team Sports is now being broadcast on Channel 39 and American Movie Classics are now being broadcast on Channel 36. Multi-Vision has as their objective, to broadcast Turner Network Television, in late September or early October. The Home Shopping Network has been temporarily moved to Channel 37, but will eventually be moved to Channel 49. Mr. Lovin wished to congratulate the Loudoun Restoration and Preservation Society on its success with August Court Days. The attendance was a record for this year's event. He noted that various civic dubs in Leesburg also benefited during August Court Days. He thanked Gary Huff for the participation by the town's Parks and Recreation Commission during the court days. Mr. Clem reported that the Airport Commission met last week to look at the update of the 1983 Airport Master Plan. He encourages the public to attend these meetings. He thanked Bellewood Commons for the ribbon cutting ceremony, this past weekend. They donated 5% of their gross proceeds from Saturday to the fire and rescue companies. He thanked the churches and citizens of Leesburg that aided the food needs of several families in the town and gave special thanks to Mrs. Middleton. Mr. Tolbert stated that on September 5, he had the pleasure of filling in for the Mayor at the Dodona Manor ceremony given by the Rotary Club, which presented a check to the Dodona Manor fund. Mrs. Forester had the opportunity to participate in August Court Days with the Parks and Recreation Department as part of the Childrens Faire. She enjoyed the day very much. She thanked Mr. Minor, Mr. Huff, Mr. Mason, Mr. Phillips and Mrs. Farmer for meeting with ' the Potomac Crossing citizens, to help put together a staff_report to give to these citizens, regarding their concerns with their development. She attended the meeting of the BZA where they denied the request for the conditional use permit for the counseling center for Loudoun Citizens for Social Justice, Inc. It was denied for an inappropriate use for that residential neighborhood. Mrs. Forester encourages the public to support this organization in their search for a counseling center. II Mayor Sevila stated that the property that the organization had proposed to use was donated to the organization for a period of up to five years, rent free. He stated that it would be nice if any landowners of properties more compatible in a district that would permit by right this use to volunteer this property, until this organization has an opportunity to become established. Mayor's Report I I i Mayor Sevila reported on the status of the town's ad hoc zoning committee meeting. The committee continues to press forward and are considering whether to ask Council for an extension of the Council imposed deadline of September 26. The committee is aggressively considering each and every issue set forth in the draft amendment. The Mayor looks forward to receiving their report. There will be a circus on September 18, sponsored by the Loudoun County Parks and Recreation Association. The Mayor asked Mrs. Forester to read the following proclamation: PROCLAMATION WHEREAS, We the People did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and , WHEREAS, it is important that all citizens fully understand the provisions, principles and meaning of the Constitution so they can support, preserve and defend it against encroachment and WHEREAS, the Bicentennial of the Constitution provides an historic opportunity for all Americans to learn about and to reflect upon the rights and privileges of .citizenship and its responsibilities; and WHEREAS, the President and the Congress of the United States have,designated September 17 as Citizenship Day and the week of September 17-23 as Constitution Week; and • 356e Minutes of September 12, 1989 WHEREAS, the citizens of the Town of Leesburg do enjoy the blessings of liberty, the guarantees of the Bill of Rights, equal protection of the law under the Constitution, and the freedoms derived from it NOW, THEREFORE, BE IT RESOLVED that the Town of Leesburg, in cooperation with the Commission on the Bicentennial of the United States Constitution, do hereby proclaim September 17 as Citizenship Day and the week of September 17-23 as Constitution Week, and invite every citizen and institution to join in the national commemoration. On motion of Mr. Clem, seconded by Mr. Tolbert, the proclamation was unanimously adopted. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Mayor Sevila stated that Gary Huff is in the process of conducting an essay contest in the public schools commemorating Constitution Week. The Mayor commended Mr. Huff for his attention to details and activities of this nature. The Parks and Recreation Commission and department provide a lot of other activities aside from various sports. They are doing an excellent job. Manager's Report Mr. Minor reported that the Council did receive a copy of the written Activity Report on Monday and that it was quite lengthy due to the extra time between Council meetings. • He thanked Mrs. Forester for mentioning the Potomac Crossing meeting. Staff,found the meeting to be very informative and invigorating. While the town cannot resolve all of the concerns, the town can be a resource to help improve their community. He thanked Susan Farmer for being instrumental in setting up the meeting and also delivering door-to-door the Citizen's Guide to Municipal Services. The Finance Department has again been instrumental in receiving the Government Finance Officers Association Award for the town's annual comprehensive report. Since Mr. York's employment with Leesburg, the town has been successful each year. The town has had historic district parking fees for several years now and has accumulated nearly $118,000.00. Recently, the town has collected $15,000.00. These funds are non-budgeted that can be utilized for the town's debt service in the future for the parking structure. • The Council meeting minutes have now been caught up, which is the first time in quite a number of years that the town has been up to date with the minutes. The town has retained Hammer, Siler, George & Associates to do the economic impact analysis of the potential move of the County seat from Leesburg to another location outside of the town's corporate limits. Once the report is complete, it will be shared with the Council and media. The Board of Supervisors have recently, with the help of the Mayor and Councilmember Kimball, agreed to allocate 20% of the gas tax revenue to the Town of Leesburg. Mayor Sevila and Gary Huff were on hand at the County ceremonies to receive the second check in the amount of$400,000.00 to help with Ida Lee Park. The County also reimbursed the town $15,000.00 for the building inspection fees. Mr. Shoemaker and Deputy Town Attorney Deborah Welsh have been working with Southern States, who has given the town $10,000.00, for reimbursement of work the town did to initially identify the limits of the oil spill. • Tom Mason and Calvin Grow have been looking closely at the intersection of Sycolin Road and the bypass for the need of signalization at this intersection. The town has asked VDOT to initiate the design of the signal and to come to Council at a later date for a recommendation to install the signal. Mayor Sevila noted that the Council's ultimate goal is to have the bypass remain limited access and as much as possible a thruway from Route 7 west to Route 15 north. •Standard and Poors has upgraded Leesburg's Agra bond rating from A- to A. This is the second upgrade in a row that the town has had for its offerings. This translates into reduced interest costs on bond issues. Mayor Sevila commended Mr. York and staff for the outstanding presentations made to both rating agencies in New York. • Legislation On motion of Mr. Clem, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted. 89-0-22 - ORDINANCE - AMENDING THE LEESBURG ZONING DISTRICT MAP FOR REZONING APPLICATION #ZM-112 - TO INCLUDE THE ENTIRE DRY MILL MANOR SITE IN THE H-1 DISTRICT '' I' - 357.. Minutes of September 12, 1989 p Ii WHEREAS, on June 27, 1989, the Town Council initiated rezoning application #ZM-112 on behalf of the Town of Leesburg in Virginia, to expand the boundaries of the H-1 zoning district overlay, the Old and Historic District, to include the entire Dry Mill Manor site; and WHEREAS, approximately two-thirds of the Dry Mill Manor site, identified as Loudoun County Tax Map No. 48A-3-7A and 48A-6-7 is presently located within the boundariesiof the Old and Historic District; and ' WHEREAS, both the owner and the contract owner of the property support this rezoning to include the remaining one-third of their site (3.09 acres) within the H-1 zoni i g district overlay; and WHEREAS, on August 21, 1989, the Leesburg Board of Architectural Review recommended approval of this rezoning application; and I . WHEREAS, the Leesburg Planning Commission and the Town Council held a joint public _ hearing for #ZM-112 on September 12, 1989; and Ir WHEREAS, the purpose of the H-1 Historic District Regulations of the Zoning Ordinance includes the implementation of the Town Plan goal'of protecting the Old and Historic District; and I WHEREAS, including the entire Dry Mill Manor site within the H-1 zoning district overlay will ensure that future development will contribute to the unique and historic character of the area by requiring architectural review of new development; and WHEREAS, the proposed rezoning and expansion of the Old and Historic District will further the purpose and intent of the,Town of Leesburg's Historic District Regulation's: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning District Map is amended to change1from Town B-2 and F- 1 to Town B-2, F-1 and H-1, 3.09 acres of land located south of Loudoun Street and East of Dry Mill Road and north of the Town Branch and the W & OD Trail, known as the Dry Mill Manor site and further described as a portion of Loudoun County Tax Map No. 48A-3-7A and'48A-6-7. • SECTION II. The physical boundaries of the H-1 zoning district overlay, Old and Historic I District shall be expanded as follows: . thence southwest to and along Ayr Street to a point on the east right-of-way of Dry Mill Road; thence right along the curve of said right-of-way having a radius of 225.43. feet to the center of the Town Branch;•thence along Town Branch S 41910'41' E to the projection of Ayr Street, thence southwest along the projection of Ayr Street 100 feet; thence in a straight line in extension of South Street southeast to Town Branch; thence S 36°10'42" E along Town Branch to the Washington and Old Dominion Trail; thence paralleling the trail and Town Branch 594.12 feet along a curve to the right having a radius of 3646.36 feet to the extension of the western right-of-way of Liberty Street; thence N 22°45'00' E to the intersection of a projection of South Street; thence in a • straight line in extension of South Street southeast to a point 200 feet west of King Street. . ." SECTION HI. This ordinance shall be effective upon its passage. Mr. Minor stated that this legislation adds approximately one-third of the Dry Mill Manor site into the H-1 Overlay District. Mrs. Forester and the Planning Commission reconvened into the Council Chambers and recommended approval of the rezoning by the Town Council. They wished to commend the developer for lessening the number of units and for subjecting themselves for another 'review criteria. They appreciate the effort that the developer has put forth in researching and duplicating the facades of the historic area. All members of the Commission felt it was a benefit of the town to have the entire parcel in the H-1 District. Mr. Lovin'stated on behalf of Leesburg's Board of Architectural Review, that they are I supportive of Dry Mill Manor being in the H-1 District' Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None - On motion of Mr. Clem, seconded by Mr. Tolbert, the following ordinance and resolutions were proposed as consent items and unanimously adopted. 1 89-0-23 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE DTO RELOCATE TWENTY PARKING METERS TO THE LIBERTY STREET PARKING LOT WHEREAS, construction of the Municipal Government Center required the removal of over fifty i -358 • • Minutes of September 12, 1989 parking spaces from the main town parking area; and WHEREAS, town staff performed a survey of the downtown historic district to locate additional parking and WHEREAS, room for twenty-eight additional spaces has been located at various locations around the historic district; and WHEREAS, metered parking encourages use by customers of downtown businesses; and THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows: SECTION I. Section 10-171 of the Town Code is hereby amended to read as follows: Sec. 10-171. Establishment of meter zones and parking time limits therein. Parking meter zones, with the following time limits for lawful parking, are established as follows: • (1) West side of King Street, between Loudoun Street and North Street, for two-hour parking at any one time, except for that area designated at the northwest corner of King Street and Market Street as a "no parking here to corner" zone. (2) East side of King Street, between Va. Power right-of-way and 180 feet south of Royal Street, for two-hour parking at any one time. • (3) South side of Market Street, between Church Street and entrance to the Presbyterian Church parking lot, for two-hour parking at any one time, except that with the following exceptions: the time limit for lawful parking shall be 15 minutes at any one time in front of the post office on Market Street and the time limit for lawful parking shall be three hours at any one time at three spaces immediately west of Wirt Street, thirteen spaces between Liberty Street and the entrance of the Presbyterian church parking lot and two spaces in front of the theatre. • (4) Municipal parking area between Wirt Street, King Street, Loudoun Street, and Market Street, for three-hour parking and 25 ten-hour meter spaces. 111. (5) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two- hour parking at any one time, except spaces reserved for official cars of the state and town police and the county sheriff's department. (6) North side of Loudoun Street, between Wirt Street and Church Street, for two-hour parking.at any one time. (7) Municipal parking area known as Vinegar Hill Parking Lot between Loudoun Street and South Harrison Street, for two-hour parking at any one time. (8) Municipal parking area known as South Harrison Street Parking Lot between South Street and South Harrison Street, for two-hour parking at any one time. (9) East and west side of South Harrison Street, between Loudoun Street and Depot Court, • for two-hour parking at any one time, except as hereafter provided. (10) One space east side of South Harrison Street at southern-most point of parking bay in front of 202 Harrison Street, S.E. for up to ten-hour paid parking. (11) South side of Loudoun Street, between East Market Street and 160 feet east of South Harrison Street, and six spaces between the entrance of the Vinegar Hill parking lot and Church Street, for three-hour parking at any one time. (12) One space on the east side of Wirt Street, N.W. lust north of Market Street. SECTION II. This ordinance shall be in effect from and after its passage. 89-773 - RESOLUTION - APPROVING SPECIAL EXCEPTION APPLICATION #87-5 BY FORT BEAUREGARD ASSOCIATES WHEREAS, Fort Beauregard Associates requests approval of a special exception to locate multi- family dwellings on a site located near the southeast corner of the intersection of Dry Mill Road and Loudoun Street, more specifically identified as Tax Map Parcels 48A-3-7A and 48A-6-7, Lot 7 Louayre Subdivision; and WHEREAS, a special exception is required pursuant to Section 6-2-1(b) of the Leesburg Zoning Ordinance, to locate multi-family dwellings within the B-2 zoning district; and 359 .';:: Minutes of September 12, 1989 • WHEREAS, on February 4, 1988, the Planning Commission made a recommendation to the Town Council; and WHEREAS, the Town Council held a public hearing on this application on March 23, 1988; and WHEREAS, the proposed use is consistent with Section 8-2-11-11 and 8-2-11-11A of the Leesburg Zoning Ordinance; and ' WHEREAS, this special exception application is in the interest of the public welfare and good zoning practice; however, reasonable conditions, safeguards and restrictions are appropriate and necessary to protect nearby properties and the public interest: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: Special Exception Application #87-5 is hereby approved subject to the following conditions: • 1. Development of the site shall be in substantial conformance with the concept plan dated September 1, 1989, and received by the Town on September 8, 1989: 2. Special Exception approval is conditioned upon the conditions offered in applicant's letter of September 11, 1989. 3. Special Exception approval is limited to the area and 39 units within Phase I, as identified in the concept plan. 4. Any composite asphalt roof shingles used within the site shall be of an up-graded, textured type and subject to Board of Architectural Review approval. 5. Modifications to the front yard, side yards, side yard opaque screens and distances between structures within Phase I are hereby authorized pursuant to Section 8-2-11- 11A(c)(5) of the Leesburg Zoning Ordinance to the extent indicated in the Table dated September 5, 1989 and titled 'Dry Mill Special Exception #87-5, Required Modifications Concept Plan: Received September 8, 1989? 6. Approval of this special exception does not authorize modifications to any requirements ' of the Construction and Design Standards Manual, Subdivision and Land Development Regulations or Zoning Ordinance on this or subsequent applications. This stipulation does not apply to future modifications expressly approved through the appropriate method of processing. 89-174 - RESOLUTION - ENDORSING THE ROUTE 653/DULLES TOLL ROAD INTERCHANGE WHEREAS, State Corporation Commission consideration of the extension of the Dulles Toll Road by the Virginia Toll Road Corporation (VTRC) depends, in part, on the consistency of county and town transportation plans with this proposed improvement; and WHEREAS, Leesburg's comprehensive plan presently shows the proposed toll road extension through the corporate limits, west of the airport to the Route 7/15 by-pass; and WHEREAS, Loudoun County is presently considering amendments to the Leesburg Area Management Plan (LAMP) to incorporate the proposed Dulles toll road extension alignment; and WHEREAS, the environmental document published by VDOT for the Dulles Toll Road extension project illustrates an interchange at Route 653; and WHEREAS, the Battlefield Parkway alignment study performed by Wilbur Smith & Associates contemplated an interchange at this intersection; which helped establish the southern alignment and projected service levels for Battlefield Parkway; and • WHEREAS, PHR&A performed a study of the impacts of this interchange on the Battlefield Parkway/Dulles Toll Road extension interchange and concluded that it's omission would adversely affect the service level of this major Leesburg arterial road; and WHEREAS, the PHR&A study and town planning and engineering staff conclude that the proposed Route 653 interchange offers the following benefits: 1. Supplemental alternative access to Leesburg Municipal Airport as well as improved response time for emergency/fire and rescue services to this important facility; 2. Relief of potential peak hour congestion along the East Battlefield Parkway corridor, thereby ensuring a minimum level of service C; 3. Future construction of this facility at the expense of the VTRC; and • • • 360 • Minutes of September 12, 1989 WHEREAS, the proposed interchange will accommodate the future function of Route 653 as a circumferential arterial, which will relieve traffic on Route 7 and Battlefield Parkway in the future: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The proposed location of a future interchange at the intersection of Route 653 and the proposed Dulles toll road extension, as endorsed by VDOT, the Commonwealth Transportation Board and the VTRC is recommended for incorporation in the amendments to the Leesburg Area Management Plan. SECTION H. The manager is directed to transmit copies of this resolution to the Honorable Betty Tatum, Chairman of the Loudoun County Board of Supervisors, the county administrator, Virginia Department of Transportation and Virginia Toll Road Corporation. 89-175 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF SYCOLIN BUSINESS PARK GENERAL PARTNERSHIP FOR REVISION OF THE PROFFERS PERTAINING TO #ZM-58 TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED. WHEREAS, Rezoning #ZM-58 was approved by Council Ordinance #85-0-30 for the site commonly referred to as the Richlyn Development; and WHEREAS, proffer number 9 of that ordinance states: '9. The principal uses proposed for Parcels A and B-1 shall be limited to the following percentages: warehousing 30% office 30% research & development manufacturing 30% auxiliary 10% This proffer does not restrict the property owners rights to modify these percentages through the proffer amendment process in response to future marketing considerations: WHEREAS, an application has been received from Sycolin Business Partnership to request amendment to the proffered condition #9:to read as follows: 9. The principal uses proposed for Parcels A and B-1 shall be limited to the following: warehousing, office, research and development, manufacturing and auxiliary uses which shall not exceed 10 percent of the total gross floor area. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The petition of Sycolin Business Partnership for amendment of proffers, approved as part of #ZM-58 for amendment to proffer #9 as shown above, and assigned rezoning application #ZM-113, is received and referred to the Planning Commission for recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. SECTION II. A joint public hearing on this application shall be held by the Town Council and the Planning Commission, following which, the Planning Commission shall have 30 days after the public hearing to make a recommendation to the Council. This joint public hearing shall be held October 24 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. The Clerk of the Council shall advertise this hearing on October 5 and 12, 1989 in the Loudoun Times-Mirror. 89-176 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO SIGN AN AGREEMENT WITH VDOT FOR APPROVAL OF THE FINAL DESIGN, CONSTRUCTION AND TOWN PARTICIPATION OF COSTS OF THE LAWSON ROAD RELOCATION PROJECT • WHEREAS, the Lawson Road Relocation Project is an Urban System Project for the Town of Leesburg in the VDOT 6-Year Improvements Program; and WHEREAS, bids for construction of the project have been received by VDOT and L.F. Franklin & Sons of Stevenson, Virginia is the low bidder, and WHEREAS, VDOT must receive approval by the Town of Leesburg before the Commonwealth Transportation Board can award the construction contract THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to sign the agreement with VDOT regarding the construction, operation and maintenance of relocated Lawson Road designated as Project U000-253- 103, PE-101, RW-201, C-501. 89-177 - RESOLUTION - ENDORSING, IN CONCEPT, THE RECOMMENDED NORTHERN 361- Minutes of September 12, 1989 VIRGINIA 2010 TRANSPORTATION PLAN WHEREAS, the Policy, Technical, and Citizens Advisory Committees, of the Northern Virginia Subregional Planning Process have arrived at a consensus recommendation for a Northern Virginia Transportation Plan for the year 2010, detailed in the Summary Report dated January 27, 1989; and WHEREAS, this plan, in map form, reflects regional consensus on transportation objectives which include both highway and transit needs; and WHEREAS, Town Council Resolution No. 89-49 adopted March 14, 1989, endorsed staff comments regarding the accurate incorporation and reflection of the Town's proposed new road alignments, intersections, and improvements as well as the estimated costs of such facilities, which were omitted in the draft plan; and WHEREAS, this Resolution was acknowledged by the Virginia Department of Transportation in the form of a list of revisions to the draft detailed report, dated May 1, 1989; and WHEREAS, this plan is to be refined over the next two years to further analyze the impacts of the plan recommendations on the surrounding road networks and the environment; and WHEREAS, this plan defers any decisions concerning the desirability or location of a Western Washington Bypass; and •WHEREAS, the Town of Leesburg reserves the right to comment on the proposed Washington Bypass until the alignment and feasibility studies have been completed by the Virginia Department of Transportation and their consultant, BMI, Inc.; and WHEREAS, this plan outlines transportation improvement costs, which in 1988 dollars are estimated to exceed $10 billion; and WHEREAS, the continuing planning process should produce a financial plan within the next two years to implement the transportation network: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: • SECTION I. The.Leesburg Town Council does endorse, in concept, the recommended Northern Virginia 2010 Transportation Plan, and commits its support to a continuing planning process for the purpose of defining a detailed final plan and associated financial sources, with the understanding that this plan will be presented to the local governments for formal adoption within two (2) years. SECTION II. The Governor's office and VDOT should ensure that future legislation to provide transportation funding alternatives for Northern Virginia and/or the Commonwealth should ensure that towns with road maintenance responsibilities are treated identically to cities and counties. 89-178 - RESOLUTION - MAKING AN APPROPRIATION ON BEHALF OF THE LOUDOUN ABUSED WOMEN'S SHELTER - WHEREAS, the Loudoun Citizens for Serial Justice, Inc., a non-profit corporation, operates the Loudoun abused women's shelter which services women and children in need throughout the county; and WHEREAS, the Loudoun abused women's shelter has applied for a temporary use permit to operate a resource center on South King St. and paid an application fee of $250.00; and WHEREAS, this Council, does not wish to diminish the financial resources the center has available to operate its critical services to our community: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to make payment,in the amount of $250.00 to the Loudoun Citizens for Social Justice, Inc. to assist in their operations of the Loudoun abused women's shelter. SECTION U. An appropriation is made to the General Fund, Account No. 200.9100.560.140, Loudoun abused women's shelter, from the Unappropriated Fund Balance, in the amount of $250.00 for fiscal year ending June 30, 1990. 89-179 - RESOLUTION - SETTING A PUBLIC HEARING FOR THE PROPOSED LEESBURG MUNICIPAL AIRPORT MASTER PLAN UPDATE WHEREAS, recent completion of capital projects at the airport have fulfilled the implementation of the 1983 Leesburg Municipal Airport Master Plan; and 362 Minutes of September 12, 1989 • WHEREAS, Resolution Number 88-95 authorized the selection of Howard, Needles, Tammen and Bergendoff (HNTB) to recommend an update to the 1983 Master Plan;•and WHEREAS, HNTB is nearing-completion of its report; and WHEREAS, significant issues related to future airport expansion are discussed in the report: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Town Council will conduct a public hearing on October 10, 1989 at 7:30 p.m. in the Town Council Chambers to solicit public comment on the proposed Airport Master Plan Update and the manager is directed to prepare and publish the appropriate newspaper advertisement. 89-180 - RESOLUTION - ENDORSING THE DESIGNATION OF THE DOUGLASS '? SCHOOL AS A HISTORIC LANDMARK GLP _IGH WHEREAS, at the August 28, 1989 Environmental Advisory Commission meeting, the Commission unanimously voted to request from the Town Council a resolution supporting the establishment of Douglass High School, 211 E. Market Street, as a historic landmark; and WHEREAS, on September 6, 1989, the Planning and Zoning Committee of the Town Council concurred with this request; and WHEREAS, to enable the State Historic Preservation Office to process the application for designation, consent must be provided by the local government; and WHEREAS, The Douglass High School, the first black high school in Loudoun County, is historically significant and is eligible for historic status due to its association with black history-in Loudoun County: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Council endorses the designation of Douglass High School as a historic landmark due to its association with black history in Loudoun County. 89-181 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS VEHICLES AND EQUIPMENT WHEREAS, several pieces of surplus property have outlived their usefulness to the town; and WHEREAS, the property must be disposed of at an advertised public auction; and WHEREAS, October 4, 1989 is a date which accommodates required advertisements: • THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to sell by public auction on October 4, 1989 the following surplus property: 1 1967 International Truck with salt spreader and snow plow 1 1979 Chevrolet pick up truck 1 550 gallon fuel tank with an electric "gas-boy" pump 2 Laboratory drying ovens 10 Abandoned bicycles • 5 Aluminum vent plates 4 Aluminum pipe duct work elbows 3 Truck tires and rims 2 Boxes of brick tile 2 Fireplace mantel supports 2 Stove dampers 2 Chrome pipes • 1 Stove pipe 1 Ceiling vent _ 1 Electric blower 10 Feet of copper pipe 1 Rope 1 Fireplace grate 1 Tool pouch - 1 Fan kit 1 Fireplace screen 1 Glass fire place door 1 Painting Various pieces of lumber Various pieces of furniture • • 363 Minutes of September 12, 1989 SECTION II. The manager shall publish appropriate notices of the items available in the September 21 and September 28 issues of the Loudoun Times Mirror. 89-182 - RESOLUTION - APPOINTING COUNCILMEMBER WILLIAM P. MULOKEY, AS COUNCIL REPRESENTATIVE ON THE SELECTION COMMITTEE FOR PROFESSIONAL SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF BEI,I.FWOOD COMMONS OUTFALL AND WEST LOUDOUN STREET IMPROVEMENTS WHEREAS, a Request for Proposal has been issued to select an engineering firm to provide professional services for design and construction administration of the Bellewood Commons outfall and West Loudoun Street Improvements; and WHEREAS, Section 8-2.5 of the Town's Purchasing Policy requires that a member-of the Town Council serve on the selection review committee: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Councimember William P. Mulokey is appointed to serve as the Council's representative on the selection committee for professional services-for the Bellewood Commons Outfall and West Loudoun Street Improvements. 89-183 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS IN THE KRB WAREHOUSES WHEREAS, KRB Limited Partnership, the developer of KRB Warehouses 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 Farmers and Merchants National Bank in the amount of $77,974.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $3,899.00 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. 89-184 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION -PERMITS FOR TAVISTOCK FARMS, SECTION 2 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Tavistock Farms, Section 2. SECTION II. The extension of municipal water and sewer for Tavistock Farms, Section 2 is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. The corporate Surety Bond in a form approved by the town attorney from American Home Assurance Company in the amount of $141,274.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Tavistock Farms, Section 2. 89-185 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE VIRGINIA POWER DISTRICT HEADQUARTERS WHEREAS, Virginia Power, the developer of the Virginia Power District Headquarters 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 corporate surety bond from Aetna Casualty and Surety Company in the amount of $300,000.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $15,000.00 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 • Minutes of September 12, 1989 conveying unto the town all such improvements and easements free of any liens or charges. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted. 89-186 - RESOLUTION - RATIFYING THE AWARD OF THE TOWN OF LEESBURG, VIRGINIA $4,500,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1989 WHEREAS, the Town Council ("Council") of the Town of Leesburg, Virginia ("Town") adopted an Ordinance on August 8, 1989, ("Ordinance"), authorizing the issuance and sale of the town's $4,500,000 General Obligation Public Improvement Bonds, Series 1989 ("Bonds"); and WHEREAS, a Preliminary Official Statement and Notice of Sale with respect to the bonds have been prepared and distributed pursuant to the Ordinance; and WHEREAS, bids have been received for the purchase of the bonds and the town manager has awarded the bonds to the bidder whose proposal results in the lowest true interest cost to the • " town in accordance with the Ordinance: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Ratification of Award. The Council ratified the award of the bonds to Merrill Lynch Capital Markets at the price and interest rates set forth therein and ratified the terms of the bonds as established pursuant to the attached Certificate as to interest rates. SECTION II. Filing of Resolution. The appropriate officers and agents of the town are authorized and directed to file a certified copy of this resolution with the Circuit Court of the • County of Loudoun, Virginia pursuant to Section 15.1-199 of the Code of Virginia, as amended, and to take such further action as they deem necessary regarding the issuance and sale of the bonds and all such actions previously taken by such officers and agents are ratified and confirmed. SECTION III. Effective Date. This resolution shall take effect immediately. The undersigned Clerk of the Town Council of the Town of Leesburg, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the resolution adopted at a meeting of the Town Council of the Town of Leesburg, Virginia, held on September 12, 1989. Mr. Minor stated that Merrill Lynch Capital Markets had the lowest true interest cost of 6.7695%. Other rates ranged from 6.775% to 6.9531%. • Mayor Sevila commended Mr. Minor and Mr. York for a job well done. - Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 89-187 - RESOLUTION - NAMING THE LEESBURG PUBLIC WORKS WAREHOUSE AND MAINTENANCE FACILITY AFTER RAYMOND L. HOUGH WHEREAS, Raymond L. Hough served the Town of Leesburg with distinction as an employee for nearly 40 years until 1961; and WHEREAS, during this period Raymond L. Hough's responsibilities included all facets of municipal public works including supervision and operation of the town's water and sewer systems and as well as street maintenance; and WHEREAS, Vice Mayor John W. Tolbert, Jr., in dedicating the new public works 111 warehouse maintenance facility on July 13 suggested that this facility be named after Mr. Hough in honor of his extraordinary contributions to public works operations within Leesburg; and WHEREAS, this honor also serves to recognize progress achieved in the town's public works operations and to link the future with our past as the former town shop on Liberty Street served Leesburg's citizens admirably for most of this century: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The public works warehouse and maintenance facility on Route 7 is hereby officially named the Raymond L. Hough Maintenance Complex in honor of Mr. Hough's lifetime of contributions to the public works and overall operations of the Town of Leesburg. 365 Minutes of September 12, 1989 SECTION II. This dedication shall be evidenced by a plaque in his honor to be installed in the entrance vestibule of the building in future ceremonies to be conducted by the Honorable Robert E. Sevila, Mayor and the Honorable John W. Tolbert, Jr., Vice Mayor. SECTION III. A copy of this resolution shall be forthwith transmitted to Mr. Roger Hough, son and Anna Rollison, sister of Mr. Raymond L. Hough. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None NEW BUSINESS ITEM #1 Deborah Welsh reported to the Council that the Town is presently in litigation in a case in which the town is condemning property located at the intersection of Fort Evans Road and Route 15 bypass. The case is styled Town of Leesburg vs. Bernard M. Carlton, Trustee. There is a potential settlement in this case, which would call for payment of 35% of $11.00 per square foot to Mr. Carlton, Trustee, and in addition to this $7,235.00 in damages to said property as a result of the take. The town will also be agreeing as a potential settlement, in that, the 4' area of planting, within the 20' easement, would be sufficient for the planting of trees and shrubbery to maintain a proper landscape buffer area adjacent to the bypass. Parking will also be allowed over the easement, provided that at least a 10' area containing landscaping is established from the property line, in which the 4' planting would be a part. A portion of the 5% interior landscaped area as set forth in Proffer 5 of the original proffers of this property, adopted in 1985, would be able to be located within the easement area. On motion of Mr. Tolbert, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 89-188 - RESOLUTION - SETTLEMENT AUTHORIZATION OF TOWN VS. BERNARD M. CARLTON, TRUSTEE, AT LAW NO. 10252 WHEREAS, there is pending before the Circuit Court of Loudoun County, Virginia, a suit styled, The Town of Leesburg vs. Bernard M. Carlton, Trustee and 6.75 acres, more or less, at Law No. 10252 for the condemnation by the Town of a 20' permanent and 20' temporary construction easement for the installation of the waterline along the Route 15 Bypass: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a settlement agreement in such case in a form approved by the Town Attorney to include the following. 1. Payment of the sum of $80,000.00 to Bernard M. Carlton, Trustee. The sum of $52,225.00, representing the amount paid by the Town to Carlton for the right of early entry upon such property, shall be applied as a credit. 2. A minimum area of 4' within the 20' permanent easement outside of the one to one slope area to be cleared of planting shall be an area of sufficient width to accommodate the planting of trees and shrubbery within the landscaped buffer area adjacent to the Route 15 Bypass as setforth in Proffer 4 of Ordinance No. 85-0-27. The plantings to be allowed within the area shall be limited to those plantings set forth on the list attached hereto and made a part hereof. 3. Parking shall be allowed on the easement provided it conforms to the Zoning Ordinance and Subdivision and Land Development Regulations of the Town. 4. A portion of the 5% interior landscaped area as set forth in Proffer 5 of Ordinance No. 85-0-27 may be located within the 20' permanent easement. Mayor Sevila asked if it was necessary to allocate the total award between the value of the real estate, that is the percentage of the fee, and the actual damages suffered as a result of the take, or can it be a single unallocated lump sum? Mrs. Welsh stated it may be either way. Mayor Sevila recommends a single unallocated lump sum, so that it cannot be used as a negotiating tool in. future cases. Mrs. Welsh stated that the lump sum would be $80,000.00. Mayor Sevila stated that this was the compromise of a condemnation case, which the town is acquiring necessary right-of-way on the Route 15/Route 7 Bypass, for installation of waterlines. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolhert and Mayor Sevila Nay: None • NEW BUSINESS ITEM #2 366 Minutes of September 12, 1989 Mr. Minor stated that in the Executive Session Council discussed the appointment of two individuals to the Ad hoc committee to retain the County seat in Leesburg. The two individuals were Mary Dierman and J. M. DeFrancia. The Mayor stated that both these individuals have been attending the meetings, are very capable and will make a meaningful contribution to this important committee. On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 89-189 - RESOLUTION - MAKING ADDITIONAL APPOINTMENTS TO THE 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, a committee was formed on July 25, 1989 by Resolution No. 89-144 to work toward the preservation of Leesburg as the county seat for Loudoun County government; and WHEREAS, additional citizens have shown an interest to serve on this committee: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: • Mary Dierman and J. M. DeFrancia are appointed to serve on this committee until its expiration. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila 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 (3) of the Code of Virginia, as amended. The public business matter to be discussed is the Marshall Committee's plans for Dodona Manor. Mr. Tolbert seconded the motion. • On motion of Mrs. Forester, seconded by Mr. Mulokey, the Executive Session was adjourned at 12:00 midnight. The Town Council of the Town of Leesburg reconvened its public meeting, and the minutes of the public meeting reflect that no formal action was taken in the Executive Session Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None . - On motion of Mr. Mulokey, seconded by Mr. Tolbert, the resolution certifying the Executive Session was proposed and unanimously adopted. 89-190 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 12, 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: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None . , On motion of and duly seconded the meeting was adjourned. Robert E. Sevila, Mayor Clerk of Council