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HomeMy Public PortalAbout1991_03_26TOWN COUNCIL MEETING MINUTES OF MARCH 26, 1991 A regular meeting of the Leesburg Town Council was held on March 26, 1991, at 7:30 p.m., in the Council Chambers, 25 Wes/Market Street, Leesburg, Virginia, Council having been in Executive Session from 6:00 p.m., prior thereto. The meeting was called by Mayor Robert E. Sevila. INVOCATION was given by Councilmember Donald A. Kimball. SALUTE TO THE FLAG was led by Girl Scout Kerry McCahill and her sister Whitney. ROLL CALL Councilmembers present Georgia W. Bange James E. Clem Christine M. Forester Donald A. Kimball Claxton E. Lovin Mayor Robert E. Sevila Absent Councilmember William F. Webb Staff members present Acting Town Manager Steven C. Brown Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Gary Huff Zoning Administrator Scott Johnson Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Deputy Clerk of Council Barbara Markland APPROVAL OF MINUTES MOTION On motion of Mrs. Forester, seconded by Mr. Clem, the minutes of the special meetings of January 31, 1991 and February 12, 1991 were approved as written and the regular meeting minutes of Februv ~¥ 26, 1991 were approved as corrected by Mrs. Forester. VOTE Aye: Councilmemhers Bange, Clem, Forester, Kimball, Lovir~ and Mayor Sevila Nay: None Absent: Webb PETITIONERS Mr. Hugh Harmon addressed the Council. He stated that there was high possibility that ending June 30, 1991 the county tourism effort will be privatized. These considerations are under discussions as the budget process continues. He stated that a new facilities such as Dodona Manor with a conference space would benefit the town in two ways. First, it might increase the amount of retail sales generated by leisure travel market share. Secondly, it would increase what the town does not have and that is facilities which would accommodate small and moderate size meetings and conferences. Mrs. Pat McMahon, a resident of 1308 Campbell Court, addressed the Council with regard to Dodona Manor. She raised concerns about budget cuts, layoffs and cutbacks in services. We have tried ~ obtain information from the Marshall Fund on where the committee stands with regard to fund raising. This information has not been made available. We do not know what is happening. Minutes of March 26, 1991 Mr. B. Powell Harrison, President of the George C. Marshall Home Preservation Fund, addressed the Council. He reviewed a recent compromise, worked out with Mrs. Molly B. Winn and her son Mr. Winn, as follows: · The town's contribution was reduced by §0 percent. From $1,400,000 to $700,000. · The sale price was renegotiated securing a new appraisal from $3,400,000 to which Mrs. Winn would contribute $400,000 making the actual price $3 million. · This applies to the state grant which now totals $514,000. · Receive a loan from Mrs. Winn supported by a deed of trust and that remaining amount necessary to complete the sale with no curtailment required during the first year and amortization over a 7 year period at 9.5 percent interest. · Provide title to the property with the Marshall Home Preservation Fund. The one remaining factor in the above described altered plan was to find a way that would protect the town's $700,000 contribution in the event of financial trouble before the deed of trust could be paid off. More negotiations were necessary. We can now report another solution which takes care of the failure of the first one. The new plan is as follows: · $700,000 town bond fund will be used to complete the purchase of Dodona as previously contemplated. · Title to be in the town's name. · The town grants a 40 year lease to the Marshall fund to manage and operate the property. · Mrs. Winn accepts a note from the Marshall fund for the remaining balance with the same terms as before. · The town and Mrs. Winn would execute an agreement to the effect that should the Marshall fund default the town's payment is returned. Mr. Harrison stated at this time the town staff, legal experts and Council have all cleared the plan as okay, but the Winn's tax people and other experts have run into some troubles. Mrs. I.i~. Pendzich, representing the Marshall Home Preservation Fund, addressed the Council. She stated that the draft agreement was sent to town staff for their review. Mayor Sevila wished to share a comment, made by the town's attorney, as a preliminary response to the lease. ~It appears that a long term lease of the type contemplated would have to be under the Virginia Statutes competitively bid. Which would only mean that the town could agree in concept at this time to such a long term lease. The town would write the RFP that would describe the successful lessee.M It would have to be competitively bid before such a lease could be entered into regarding real property owned by the town. Mrs. Pendzich stated that the Marshall Fund would have to discuss this and get back to staff. The Marshall Fund will try to work with the town on this. Mr. Harrison stated that a March 31, settlement is still planned. Mayor Sevila stated that the town is the contract purchaser of the property. If these negotiations between the Marshall fund and the Winn family are successful, it would require modification of the town's existing contract. The Mayor asked if it would be appropriate to move forward in concept with modifications by resolution or should the Council be on standby for a special meeting in the event the negotiations continue. Mr. Brown stated that staff would like to begin the process of these documents. Staff would like to have the state look at the purchase agreement, since grant funds are involved. Also the town's bond counsel should take a final look. Minutes of March 26, 1991 Mr. Kimball congratulated Mr. Harrison on the movement that has occurred. It has helped to resolve some of Mr. Kimball's concerns. He appreciates the work that the Marshall fund is doing. Mrs. Pat McMahon, 1308 Campbell Court, addressed the Council. She stated that the town is facing an extreme budget shortfall. Are the citizens to assume that the Town Council would support this exercise as opposed to people's jobs and services to the town being cut. This is a difficult choice but at this point in time the Town of Leesburg cannot afford a new government center, a new recreation center and to also contribute to a private foundation. Mr. William P. Mulokey, a resident of Edwards Ferry Road, addressed the Council in support of preserving Dodona Manor. The cause is important to the town. The money being asked to commit is bond funds that have already been borrowed. He urged the Council to find a way to make this project happen. Mr. Terry Titus, a resident of 805 Wage Drive, addressed the Council. He asked if the final document would be made available to the public for review and upon completion of the document will the public have ample time to comment on the document? Mayor Sevila stated that the final document will become a public document. He stated that he does not envision a public hearing on the document. Mayor Sevila read a letter from George S. and Betty S. Poehlman. The letter is attached and made a part of the official record. PUBLIC HEARING to consider an amendment to the Leesbur~ Zonin~ Ordinance regarding measurement of lot width for oversized lots Mr. Scott Johnson addressed the Council presenting the staff report. He stated that this item was initiated and referred by the Town Council on November 14, 1990. The original ordinance went through substantial change at the Planning Commission level. The recommendation of the Planning Commission is that this would be limited to the R-4 District rather than the R-l, R-2 and R-4 district. The proposed ordinance would only be applicable to subdivisions with 25 or more lots and the average lots size of the entire subdivision excluding pipestems and common open-space exceed the minimum district size of 13,000 square feet in the R-4. Mr. Dave Culbert representing Woodlea Manor, addressed the Council. He stated that the ordinance amendment is a conservative amendment and would recommend it to the Council. He stated that if there are fewer then 25 lots in any subdivision then this amendment would not apply, therefore the 100 percent of the district regulations would apply to those lots. There was no public comment. The Mayor closed the public hearing. MOTION On motion of Mrs. Forester, seconded by Mr. Lovin, this matter was referred to the April 2, 1991, Planning and Zoning Committee meeting for further consideration. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb MAYOR'S REPORT Mayor Sevila presented a Certificate of Appreciation to Planning Commissioner Carl Johnson. Mr. Johnson has submitted his resignation to the Council. The certificate reads: For three years as a member of the Leesburg Planning Commission 1988-1991. COUNCILMEMBER COMMENTS Mr. Lovin stated that he enjoyed the dedication of the new municipal government center. He rates the building a "10". Minutes of March 26, 1991 He stated that he voted against the executive session, held earlier this evening, to discuss the town manager process. He voted no because he is disturbed that the executive session privilege, last week that was voted 4-3 by this Council, was unilaterally breached. He stated that he does not have the confidence to vote for an executive session. Mr. Clem wished Carl Johnson the best of luck. He reported on Saturday's Listening Session, stating that it was the best one in two or three years. Those in attendance were Beck Dickerson, Marc Weiss, Bruce Roberts, Terry Titus, Dave Bowers, who shared a lot of their concerns. There concerns will be forwarded to staff. The EAC met last evening, where Executive Director of Leesburg Renaissance briefed the commission on future programs. Mr. Kimball echoed Mr. Clem's comments with regard to the Listening Session. Mrs. Forester thanked Mr. and Mrs. Carl Johnson. She stated that it was a pleasure working with Mr. Johnson on the Planning Commission. She congratulated the staff on the dedication of the government center. There have been many positive citizen comments, not only on the building but also the opportunity to meet with staff. She attended the first concert of the Loudoun Community Orchestra. There were over 800 people in attendance. The orchestra is a great addition to the community. The Easter Egg Hunt is scheduled for Saturday at Ida Lee Park. She encouraged the public to attend and participate in the hunt. The Planning Commission continues to discuss the Town Plan. A recommendation to the Town Council will be forthcoming regarding the terms of process to be used to review and update the Town Plan. There has been a lot of discussion about full citizen participation and giving priority to getting as many people involved. We are looking towards staff for guidance and direction. Tomorrow evening at 7:00 p.m., at Ida Lee Park there will be a community meeting for Carrvale Park. Discussion will be about development, landscaping, etc. She encouraged all residents in Carrvale to attend. Ms. Bange stated that she also attended the concert of the Loudoun Community Orchestra. The music and professionalism was very impressive. This is quite an addition to our community. She attended the Red Cross Costume Ball at the Ramada Renaissance. The Heart Association Celebrity Waiters Dinner will be held on April 20. Randy Beaman and Mary Hope Worley have tickets and are in need of celebrity waiters. She has received many letters, visits and phone calls from citizens raising concern regarding Dodona Manor and the proposed budget. She encouraged citizens to continue to participate in the town government. MAYOR'S REPORT Mayor Sevila stated the City Council of the City of Meridian, Michigan announced the appointment of former Town Manager Jeff Minor to City Manager. Meridian is located just outside of East Lansing with a population of about 40,000. Mayor Sevila congratulated Mr. Minor on his appointment and thanked Mr. Minor for the many things that he has done for the Town of Leesburg. MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written Activity Report on Monday. He reported that there were 300 registrants to participate in the Easter Egg Hunt. On behalf of the town employees, Mr. Brown thanked the Council and citizens for the new government center. Minutes of March 26, 1991 A retirement dinner has been scheduled for Ms. Rosen on May 17, at the Laurel Brigade. Multivision will be providing a new channel line which will include a two-tier set of rates. A lower level rate for basic service and a higher level rate for the basic rate plus extra channels. The 6th Annual Preservation Alliance Workshop will be held in Leesburg. Leesburg will host this conference on April 5 and 6. The VDOT Six Year Plan public hearing/meeting is scheduled for April 5 in Fairfax. Mr. Brown invited a member of Council to attend to make a presentation on behalf of the Town of Leesburg. The Loudoun County Six Year Plan will be considered on April 2 and a member of Council is also invited to represent the town. LEGISLATION 10. (d) was referred to the April 2, 1991, Administration and Public Works Committee for further discussion. lo. (a) MOTION On motion of Mr. Clem, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-64 - RESOLUTION AUTHORIZING EASEIV[ENT GRANTS TO VIRGINIA POWER AND WASHINGTON GAS LIGHT COMPANY FOR THE LEESBURG LIBRARY UTILITY SERVICE WHEREAS, easements are required by Virginia Power and Washington Gas Light Company to route their underground services to the Leesburg Library; and WHEREAS, the Town of Leesburg holds a reversionary interest in the library property donated to the County of Loudoun by Mr. and Mrs. William F. Rust, Jr.; and WHEREAS, the County of Loudoun has requested approval of the easements from the Town of Leesburg; and WHEREAS, the Deputy Town Attorney has reviewed the necessary easement documents and found them to be in order. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor is hereby authorized to sign the public utility easement agreements as needed for the Loudoun County Library adjacent to Ida Lee Park. 10. (b), (e), (f), (g), (h) MOTION On motion of Mr. Clem, seconded by Mr. Kimball, the following resolutions were proposed as consent items and unanimously adopted. 91-65 - RESOLUTION - AWARDING A CONSTRUCTION CONTRACT FOR THE ROUTE 15 BY-PASS WIDENING, PHASE 1 WHEREAS, listed in the town's Capital Improvement Program for two years the widening of the Route 15 By-Pass from a two lane road to four lane divided highway is a transportation system improvement designed to enhance traffic safety and efficiency and; WHER~kS, funding for this project is provided by proffered offsite transportation prorata contributions and funds from the Loudoun County Transportation District Commission; and Minutes of March 26, 1991 WHE~, bids were solicited under Section 8.1, Competitive Sealed Bidding, of the Leesburg Purchasing Regulations for the construction of these improvements; and WHE~, the bids were evaluated pursuant to the bid documents, Town Purchasing Regulations and the Virginia Public Procurement Act, and a recommendation of award has been made by the town's consulting engineer for the project; and WHEREAS, William A. Hazel, Inc. is the lowest bidder and has been declared to be both responsible and responsive; and WHEREAS, sufficient funds have been appropriated to complete this project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Acting Town Manager is authorized and directed to execute, on behalf of the town, a lump sum contract with William A. Hazel, Inc. for the contract amount of $399,737.00. DISCUSSION Ms. Bange asked Director of Engineering and Public Works Tom Mason if adoption of this resolution would affect the meeting that Mr. Mason had with the landowners? Mr. Mason stated that it would have no affect. Mr. Brown noted that Mr. Charles Perry, representing the William A. Hazel Company, was present to addressed any questions. 91-66 - B.E~OLUTION - PROCLAIMING APRIL 27 AS THE OFFICIAL ARBOR DAY FOR THE TOWN OF LEESBURG WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and world; and WHEREAS, trees can reduce the erosion of topsoil, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community; and WHERF. JuS, the Town of Leesburg has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: April 27 is hereby proclaimed as the official Arbor Day of the Town of Leesburg for 1991. DISCUSSION Mr. Clem pointed out that the Arbor Day celebration will be held in the town green opposed to Ida Lee Park and will be in conjunction with the Flower and Garden Festival. Mrs. Forester asked that staff get the word out as quickly as possible, to an affected residents and churches, with regard to the closing of the streets for the flower festival. 91-67 - BF..~OLUTION - AUTHORIZING THE CLOSING OF STREETS FOR THE LEESBURG RENAISSANCE FLOWER AND GARDEN FESTIVAL ON APRIL 27 AND 28, 1991 WHEREAS, one of the objectives of Leesburg Renaissance is to sponsor special events to spur the town's economic development; and Minutes of March 26, 1991 WHEREAS, Leesburg Renaissance has planned a Flower and Garden Show for downtown Leesburg which will transform King Street into two city blocks of botanical landscaped gardens and related retail vendors; and WHEREAS, Leesburg Renaissance will promote the event throughout Loudoun County and the suburbs of Washington, D.C.; and WHEREAS, displays will use mulch and landscape timbers to be donated for town use at the conclusion of the even; and WHEREAS, the event requires the closing of Market Street between Church and Wirt Streets and King Street between Cornwall and Loudoun Street: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Market Street between Church and Wirt Streets and King Street between Cornwall and Loudoun are hereby authorized to be closed from 10:00 p.m., April 26, 1991 until 10:00 p.m., april 28, 1991 for the purpose of the Leesburg Renaissance Flower and Garden Festival. SECTION II. Appropriate town forces are authorized to assist with the operation of the event. 91-68 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING ON VACATION OF THE BOUNDARY LINE BETWEEN LOTS A AND C, TAX MAP 48K, BLOCK 4 (FIRST STREET CAR WASH PROPERTY) WHEREAS, the Loudoun County tax records show a boundary line separating lots A and C; and WHE~, the owner of lots A and C proposes to erect a building occupying a portion of both lots; and WHEREAS, the Leesburg Zoning Ordinance requires structures to be located on a single lot; and WHEREAS, the owner of these lots desires that the boundary line separating lot A and C be vacated to create a single lot. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of the boundary line between lots A and C, Tax Map 48K, block 4, as provided for in Section 15.1-482 of the State Code, as amended, shall be published in the Loudoun Times Mirror on April 3, 1991 and April 10, 1991 for public hearing on April 23, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 91-69 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING ON VACATION OF BOUNDARY LINES ON LOTS 5-9, TAX MAP 48G, BLOCK 3, PARKER SUBDMSION (J & H AITCHESON, INC. PROPERTY) WHEREAS, the Loudoun County tax records show four boundary lines separating lots 5-9; and WHEREAS, the lots do not meet various requirements of the Leesburg Zoning Ordinance and are classified as non-conforming; and WI-IERF_u~, the Leesburg Zoning Ordinance requires structures to be located on a single lot; and WHEREAS, the owner of these lots desires that the four boundary lines separating lots 5-9 be vacated to create a single lot that conforms with the Leesburg Zoning Ordinance; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of boundary lines on lots 5-9, Tax Map 48G, Block 3 of Parker Subdivision, as provided for in Section 15.1-482 of the State Code, as amended, shall be published in the Loudoun Times Mirror on April 3, 1991 and April 10, 1991 for public hearing on April 23, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. VOTE Minutes of March 26, 1991 Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb lO. MOTION On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 91-70 - RESOLUTION - AUTHORIZING TOWN COUNCIL PUBLIC HEARINGS TO CONSIDER THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS SUBMITTED BY THE TOWN OF LEESBURG TO THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, Community Development Block Grant applications for the Kincaid Forest and First Street affordable housing development proposals were submitted to the Virginia Department of Housing and Community Development on March 8, 1991; and WHEREAS, two general public information meetings were held by the Loudoun Foundation for Adequate Housing and town staff on February 27, and March 6, 1991, prior to the application submission; and WHEREAS, Town Council Resolution No. 91-51, which authorized the applications, stated the town's intention to continue to work with the Loudoun Foundation for Adequate Housing, Inc. to acceptably define the specific terms and agreements of this proposal, as well as to seek additional public input prior to accepting the subject grant funds ff so selected; and WHEREAS, the Town Council therefore desires to hold two public hearings to further consider the CDBG applications prior to the notification of selection which may occur by May 8, 1991: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Notices of public hearings to consider the Community Development Block Grant applications submitted on March 8, 1991 to the Virginia Department of Housing and Community Development for the Kincaid Forest and First Street affordable housing development proposals shall be published in the Loudoun Times-Mirror. Notices shall be published on March 20, 1991 and March 27, 1991 for public hearing on April 9, 1991, and on April 3, 1991 and April 10, 1991 for public hearing on April 23, 1991. Both public hearings will be held at 7:30 p.m. or as soon thereafter as the matter may be reached in the Town Council Chambers, 25 West Market Street. Leesburg, Virginia. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb NEW BUSINESS 11. (a) DISCUSSION Mr. Brown explained that this is the first draft concerning this issue and it does divide the Town of Leesburg into two separate districts which is not an acceptable position for the town to even consider. As it stands now, by the House of Delegates Privilege and Election Committee, the Dry Mill and Simpson precincts will be in one district and the other district would contain the remainder of Leesburg and eastern Loudoun including Lucketts. At this point a position needs to be taken by the town. The proposed legislation is a reasonable solution to the problem. Mayor Sevila stated that this matter comes as a surprise. Mr. Brown stated that this too came as a surprise to him. The information received came in the mail on March 22, and the proposed resolution was put together by the information received. Minutes of March 26, 1991 Mr. Clem stated that the Town of Vienna is also experiencing this problem and is being split. Mr. Brown stated that it does not make any sense to split the town. Mr. Lovin stated that he will support the town as one unified district. He expressed support of the proposed legislation. Ms. Bange agreed with Mr. Lovin. Mayor Sevila stated that it is in the best interest of the town to have the town unified in a single district in which we c_s_n contact a single member who looks to Leesburg as a large part of the house district. He expressed support of the proposed legislation. MOTION On motion of Ms. Bange, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 91-71 - RESOLUTION - ESTABLISHING A POSITION ON REDISTRICTING OF LOUDOUN COUNTY WHEREAS, the House of Delegates redistricting plan which was approved by the House of Delegates Privileges and Elections Committee on March 21, 1991, creates the 32nd and 33rd districts, which both include Town of Leesburg precincts; and WHEREAS, the proposed 33rd district contains a population of 64,298, which includes Dry Mill and Simpson precincts in the Town of Leesburg, all precincts in northern Fauquier County and western Loudoun County (except Lucketts precinct), the Arcola precinct in eastern Loudoun County, and Kinross and Franklin precincts in western Fairfax County; and WHEREAS, the Town of Leesburg, county seat of Loudoun County, shares a "community of interest" that should not be split between two districts and from other towns in Loudoun; and WHEREAS, Leesburg east, Leesburg west and Lucketts precincts can be transferred from the 32nd to the 33rd district and Arcola, Franklin and Kinross precincts can be transferred from the 33rd to the 32nd district to maintain the legally permissible population in each district: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Town Council hereby requests the House Privileges and Elections Committee and the House of Delegates to maintain the Town of Leesburg, a clearly defined community of interest, in a single delegate district~ by transferring Leesburg east, Leesburg west and Lucketts precincts from the proposed 32nd to the proposed 33rd district and Arcola, Franklin and Kinross precincts from the proposed 33rd to the proposed 32nd district. DISCUSSION Mayor Sevila asked this resolution is proposed to be communicated to the public hearing being held tomorrow? Mr. Brown stated that a staff member could take it to the public hearing and have it read into the record. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Nay: None Absent: Webb MOTION On motion of Ms. Bange, seconded by Mr. Clem, the meeting was adjourned. VOTE Absent:Aye:Nay: None C°uncilmembersBange'Clem'F°rester'Kimbail'L°vinandMay°rSe'~iLl~~~L Webb ~ _~c~ ~.'~~~ Robert E. Sevila: }4hyor Clerk of Council