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HomeMy Public PortalAbout1977_06_22 +♦8n , MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1977 . 235 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on June 22, 1977 . The meeting was called to order by the Mayor at 7 : 33 P.M. , with the invocation being offered by Mr. Herrell, and followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stan- ley D. Herrell , Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also, Town Manager John Niccolls, Director of Engi- neering Andrew G. Shope and Town Attorney George M. Martin. The minutes of regular meeting of June 8, 1977 were approved as written. A Certificate of Commendation was presented by Mayor Newman to Police Officer O'Neal Stewart on behalf of the Police Department in recognition of outstanding performance in the line of duty as a po- lice officer for the Town of Leesburg on June 6, 1977 by being es- pecially alert and demonstrating a high degree of honesty. Mayor Newman added congratulations on behalf of the Town Council. Mr. David Jelinek of the Leesburg Photography Center requested that Council consider giving him permission to place his business sign against the porch as he had it before he was told to remove it by Mr. Forbes. He said the sign itself had been approved by the Board of Architectural Review, however, there was apparently a mis- e-4 understanding as to where he could put it. Council discussed the matter at length and it was felt that putting the sign on the porch is a further encroachment on town right-of-way. Several suggestions were made, including one that he might put signs on three sides of the building, and perhaps appear before the Board of Architectural Review again. 77-0-10 - Ordinance - AmendingArticle 17 of Chapter 12. 1 of the Town Coe. On motion of Mr. Cole, seconded by Mr. Tolbert, the following ordinance was proposed: BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The Town Code is hereby amended by adding a new section to be numbered Section 12. 1-49. 1 to read as follows : Sec. 12. 1-49. 1. Moving Expenses. When an appointment is made to the positions of Di- rector of Finance, Director of Community Development, Chief of Police, Assistant to Town Manager, Director of Engineer- ing, Director of Public Works, Town Manager or to other positions requiring exceptional technical or professional qualifications as authorized by the Council , the costs for moving the appointee' s household goods to a new residence shall be paid by the Town as provided herein. Moving costs shall not be paid unless the appointee' s residence is changed from outside to inside the County, un- less the appointee is required by law to reside within the Town in which case moving costs shall be paid when the ap- pointee' s residence is changed from outside to inside the Town. Moving costs shall not be paid unless the appointee' s residence is changed within six months of appointment. SECTION II. An emergency is declared to exist and this ordi- nance shall be in effect upon its passage. On motion of Mr. Titus, seconded by Mr. Rock, Council voted 6 to 1 to change "County" to "Town" in the second line of the second para- graph: Aye: Councilmembers Bange, Cole, Rock, Titus, Tolbert and Mayor Newman. Nay: Councilmember Herrell. 236 - MINUTES OF JUNE 22, 1977 MEETING. There was discussion concerning the definition of "moving costs" - they shall include household goods only, not automobiles, etc. It was suggested that the second paragraph be preceded by the word "These: The -ordinance; as amended, was then adopted by a vote of 6 to 1 : - Aye: Councilmembers Bange; Cole, Rock, Titus, Tolbert and Mayor Newman. Nay: Councilmember Herrell . The second paragraph of the ordinance, therefore, reads as follows : These moving costs shall not be paid unless the appointee' s residence is changed from outside to inside the Town, un- less the appointee is required by law to reside within the Town in which case moving costs shall be paid when the ap- pointee' s residence is changed from outside to inside the Town. Moving costs shall not be paid unless the appointee' s residence is changed within six months of appointment. 77-106 - Resolution - Receiving and referring the application of Alfred L. B. diZerega, IIr for revision or Zoning District Map to the Planning Commis- sion for public hearing and recommendation under Chapter 11, Title 15. 1 of the Code of Virginia, 1950, as amended. On motion of .Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The application of Alfred L. B. diZerega, III for revision of the Zoning District Map, assigned Application No. ZM-18, is received and referred to the Planning Commission for public hearing and recommendation under Chapter_ 11, Title 15. 1 , of the Code of Virginia, as amended. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-107 - Resolution - Approving an agreement with the Central Loudoun Little League for use of .former Chester Williams property. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Mayor of the Town is authorized and directed to execute the Agreement by and between the Town and the Central Loudoun Little League for use of the former Chester Williams ' property; said Agreement being the same as attached with a memorandum to Council dated May 27 , 1977 , except that Secion IX is revised to provide 180 days' written notice of termination instead of 90 days. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Report on meeting with Johnson and Williams re letter from State Water Contro Board concerning Leesburg' s Facility Plan. Town Manager Niccolls reported that he and Mr. Shope met today with Mr. deFalco of Johnson and Williams to discuss the implications of and a proposed response to a letter recently received from the State Water Control Board concerning Leesburg' s Facility Plan. A full report will be submitted in writing to Council shortly, and a draft of the response to be prepared by Mr. deFalco will be pre- sented for Council ' s consideration and approval at its special meet- ing to be held on June 30, 1977. 237 MINUTES OF JUNE 22, 1977 - MEETING. 77-108 - Resolution - Amending agreement with Westmoreland Davis Memorial Foundation, Inc. On motion of Mr. Titus, seconded by Mr: Cole, the following reso- lution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Section 1(b) of the Agreement with the Westmoreland Davis Memorial Foundation, Inc. , dated May 27 , 1977 and approved by Resolution No. 77-83 is amended to read: 1(b) The connection shall be only for the benefit and use of the presently existing facilities and fu- ture facilities erected within the charitable purposes of the Westmoreland Davis Memorial Fou- dation, Inc. An amendment to strike "future facilities" and insert "the presently proposed facilities" was made by Mr. Bange. However, it died for lack of a second. The resolution, as originally proposed, was adopted by a vote of 4 to 3: Aye: Councilmembers Rock, Titus, Tolbert and Mayor Newman. Nay: Councilmembers Bange, Cole and Herrell . 77-109 - Resolution - Accepting public improvements, releasing per- _ k formance bond and authorizing the acceptance of maintenance bond for Rock Spring, Section 1-D. On motion of Mr. Titus, seconded by Mr. Rock, the following resolution was proposed and unanimously adopted: WHEREAS, the subdivider/developer for Rock Spring, Section 1-D, has completed all public improvements in accordance with Town Standards and Specifications , and these have been inspected and approved and as-built plans have been sub- mitted and approved. • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Section I. The public improvements in Rock Spring, Section 1-D are accepted for public use by the Town. - Section II. The Performance Bond of •Travelers Indemnity Company dated September 2, 1976, for improvements in Rock Spring, Section 1-D, in the amount of $41 , 000.00 be re- leased upon submission of a Maintenance Bond in the amount of $2, 050.00 and approval of same by the Town Attorney. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-110 - Resolution - Authorizing an agreement with Mervyn C. Timber- lake, Jr. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed and adopted by a vote of 6 to 1 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Manager is authorized and directed to enter into an agree- ment with Mervyn C. Timberlake, Jr. for financial consulting services at the rate of $25. 00 per hour, plus expenses, at a cost not to exceed $500.00. Aye: Councilmembers Bange, Cole, Rock, Titus, Tolbert and Mayor Newman. Nay: Councilmember Herrell . 38 MINUTES OF JUNE 22, 1977 MEETING. - 77-111 - Resolution - Denying consideration of appeal from decision of the Fire Marshal. On motion of Mr. Bange, seconded by Mr., Rock, the following resolution was proposed and unanimously adopted: WHEREAS , a request for an appeal from a, decision of the Fire Marshal regarding alleged violations of the Leesburg Fire Prevention Code was submitted June 9, 1977, by Counsel for Ms. Jan D. McVay, T/A the Green Tree Restaurant; and WHEREAS, Section 7-30 of the Town Code under which said Appeal Petition was made pertains only to issuance of permits by the Fire Marshal and appeal therefrom to the Council ; and WHEREAS, said Appeal Petition, if proper, did not meet the thirty day limitation for taking an appeal , also provided in said Town Code section. RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The request for Appeal from Decision of Fire Mar- shal , dated June 9, 1977 , as submitted by John J. Moorcones, Counsel for the Petitioner, Jan D. McVay, T/A the Green Tree Restaurant, is denied for the above reasons. SECTION II, Copies of this Resolution shall be mailed to Counsel for Petitioner. - Aye: Councilmembers Bange, Cole, .Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-112 - Resolution - Authorizing a contract with Tri-County Asphalt Co. and Perry Engineering Company and omitting a contract item from Phase III of the storm drainage improvements . On motion of Mr. Bange, seconded by. Mr. Rock, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The manager is authorized and directed to exe- cute a unit price contract on behalf of the Town with Tri- County Asphalt Co. , Inc. , P. 0. Box 692, Leesburg, Virginia, for paving portions of King, Market, Church and Loudoun Streets in accordance with its proposal dated June 15, 1977, in the amount of $17, 000. SECTION II. The manager is authorized and directed to exe- cute a unit price contract on behalf of the Town with Perry Engineering Co. , Box 891 , Leesburg, Virginia, for regrading portions of King, Market, Church and Loudoun Streets in ac- cordance with its proposal dated June 15, 1977 , in the a- . mount of $7 , 000. SECTION III. The Director of Engineering shall order dele- tion of pavement replacement from the contract with Hercules Construction Corporation authorized by Resolution No. 76-183. There was discussion concerning the completion date for the downtown project. The streets will be closed for five days in order to re- grade and pave theme'' : The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 239- MINUTES OF JUNE 22, 1977 MEETING,. Renaming of Arylee Avenue to Ayrlee Avenue. On motion of Mr. Titus, seconded by Mr. Tolbert, a resolution was proposed to rename Ar lee Avenue to Ayylee Avenue. There fol- lowed discussion, with MTitus feeling that this should be in some way placed in the public record by the Clerk. It was suggested that Mr. Martin check to see how this would be recorded. On motion of Mr. Titus, seconded by Mr. Tolbert, Council voted unanimously to send this matter back to Workshop. 77-113 - Resolution - Requesting modification of plans for improve- ments to "toute 7 East from Catoctin Circle to the East Corporate Limits. moton o Onif Mr. Titus, seconded by Mr. Rock, the following reso- lution was proposed: WHEREAS, The Virginia Department of Highways and Transporta- tion has proposed plans for improvements to Route 7 East from Catoctin Circle to the East Corporate Limits calling for a four-lane divided roadway with left turn movements controlled by a raised median; and WHEREAS, this Council considers a design providing a four- T. lane roadway with a flush median for unrestricted left turn : movements (except at Fort Evans Road, Plaza Drive and Sycolin Road where marked left turn storage lanes may be appropriate) to be a safe and practical way to meet the traffic demands of this road. THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Virginia Department of Highways and Transportation is requested to propose an alternative construction design for improvements to Route 7 East from Catoctin Circle to the East Corporate Limits to provide a four-lane roadway with a flush median and a traffic, control plan providing gene- rally unrestricted left turn movements, except_ at Edwards Ferry Road, Plaza Drive and Sycolin Road where marked left turn storage lanes may be appropriate. There was lengthy discussion concerning "a flush median for unre- stricted left turn movements. " On motion of Mr. Rock, seconded by Mr. Tolbert, the words "a flush median" in both the second and fourth paragraphs were amended to read "an additional center traf- fic lane" ; also in the second line of the fourth paragraph, the words"propose an" were amended to read "revise its" and in the sixth line "Edwards Ferry Road" to "Fort Evans Road. The amend- ment was unanimously adopted: Aye : Councilmembers Bange; Cole, , Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. The resolution, as amended, was then unanimously adopted and reads as follows : WHEREAS, the Virginia Department of Highways -and Transpor- tation has proposed plans for improvements to Route 7 East from Catoctin Circle to the East Corporate Limits calling for a four-lane divided roadway with left turn movements controlled by a raised median; and WHEREAS; this Council considers a design providing a four- lane roadway with an additional center traffic lane for un- restricted left turn movements (except at Fort Evans Road, Plaza Drive and Sycolin Road where marked left turn storage lanes may be appropriate) to be a safe and practical may to meet the traffic demands of this road. 240 MINUTES OF JUNE 22, 1977 MEETING. THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Virginia Department of Highways and Transportation is requested to revise its construction design for improve- ments to Route 7 East from Catoctin Circle to the East Cor- porate Limits to provide a four-lane roadway with an addi- tional center traffic lane and a traffic control plan pro- viding generally unrestricted left turn movements, except at Fort Evans Road, Plaza Drive and Sycolin Road where marked left turn storage lanes may be appropriate. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-114 - Resolution - Authorizing a contract with Richard F. Kline, Inc. On motion of Mr. Bange, seconded by Mr. Titus , the following resolution was proposed: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The manager is authorized and directed to execute a lump sum contract on behalf of the Town with Richard F. Kline, Inc. , P. 0. Box 665, Frederick, Maryland, for fluori- dation additions to Myers, Paxton and Phillips/Nickels Wells in accordance with the Plans and Construction Specifications prepared by Bengtson-DeBell, Inc. , dated January, 1977 , for a contract sum of $34, 712. 00 based upon the lump sum proposal received June 1 , 1977 from Richard F. Kline, Inc. SECTION II. This resolution shall be in effect upon approval of the contract authorized in Section I herein by the United States of America Department of Housing and Urban Development. It was estimated that this project would take approximately 90 to 120 days. Mr. Titus requested that publication of this action be started immediately upon passage with the news media in order that the public might know that there is a change in the water supply - a considerable effect regarding vitamins, etc. that goes along with fluoridation. The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. Niccolls called attention to an informal response by the Loudoun County Planning staff to the proposed Subdivision Ordinance. The next step would be the public hearing by Council. A tentative date of August 24 was selected for the hearing, with publication to be August 11 and 18. Mr. N-iccolls reported that two holes have been drilled at Morven Park to a depth of 550 feet - these would make good residential wells, but not enough for a Town supply. They will go back to the geologist and other advisors and make up a new map before they drill another hole and then report back to Council with a recommendation for a third test well. On the Andover Meadow site, they would check for potability first - then pump it out - then talk to the Health De- partment as to their requirements. Mayor Newman asked Mr. Niccolls if an engineering firm has been selected to examine the John Gibson proposal for warehouses on South Catoctin Circle. Mr. Shope reported that the firm of Toups and Loiederman of McLean will present a proposal this Friday based on an hourly rate not to exceed a maximum. The •indication is under $2, 000. This firm has been doing studies for flood insurance for communities in the area. MINUTES OF JUNE 22, 1977 MEETING. Mr. Titus called attention to a light standard at the southwest corner of. Catoctin Circle and King Street that is sitting squarely in the middle of the sidewalk. He felt it should be moved if at all possible. Mr. Titus had received a call from Mr. 'Rick Weber,. .County Soil Scientist, requesting to be put back on the referral list for site plans and, subdivisions. He knew of, a shopping center, " three ware- houses and a funeral home that had not been referred to him. He would like to -be able to tell developers what potential problems they might have in developing their, sites. The three sites men- tioned above are some of the worst soil in the Town. He does not 111 think his data could be used to turn down a site plan or subdivision. 77-115 - Resolution - Requesting current engineering data from Soil Conservation Service re flooding of Brandon from proposed warehouses at Catoctin Circle and llarrison Street. On motion of Mr. Titus, seconded by Mr. Rock, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Soil Conservation Service shall be requested to present to the Town Council current engineering data to substantiate their letter regardingTflooding of Brandon from the pro- posed warehouses at the intersection of Catoctin Circle and Harrison Street, and this response shall be presented to the Council in writing as soon as possible. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. Concerning a "New Business" item re Catoctin View Subdivision, Mr. Titus said there has been considerable discussion about off- site fees, etc. He is unable to find a definition:of. "off-site" as used in the Subdivision and Zoning Ordinances. He asked that this be defined for pro-rata and construction reasons. - see if there is an amendment to both on pro-rata and construction. Mr. Niccolls said it is very difficult to calculate . "off-site" fees. Mr. Titus asked if the new parking meters on the street are working adequately. Mr. Niccolls explained in detail some of the problems being encountered. The manufacturer is aware ofthese problems - he was here and replaced 10 of the meters and will take the defective ones back to the factory. Complaints have fallen off since that time. Mr. Titus asked if the Town expects to buy some of these same meters in the next year. Mr. Niccolls said probably yes - they have- some good features and the company is anxious to resolve the problems. Mayor Newman asked if someone has looked at the existing problem in Andover Meadow Subdivision at Wilson Avenue. Mr. Niccolls said he has a promise from Mr. Sorensen to take care of it tomorrow. 77-116 - Resolution - Requesting revisions of Proposed Zoning Ordinance by Zoning Administrator. On motion of Mr. Herrell , seconded by Mr. Rock, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Zoning Ordinance shall be turned over to the Zoning Ad- ministrator for revisions he feels are necessary before it comes back to Council. Mr. Niccolls said he has a red-pencilled copy of the Ordinance from Mr. Forbes at this time. Mr. Herrell asked that Mr. Forbes come back to Council with it. The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 242 MINUTES OF JUNE 22, 1977 MEETING. 77-117 - Resolution - Granting waiver •of- Section '17-75 of the Town Code to LARC and ECHO for the purpose of operating the Blossom and Bloom Shop, Inc. On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Town Council of the Town- of Leesburg, Vir- ginia; as follows : Section 17-75 of the Town Code pertaining to retail mer- chants is hereby waived for LARC and ECHO, non-profit or- ganizations , for the purpose of operating the Blossom and Bloom Shop, Inc. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. • 77-118 —Resolution Granting waiver of Sec. r17=63 of the ' Town Code fon The Greater Leesburg Jaycees for• purpose of selling and displaying fireworks. On motion of Mr. Rock, seconded by Mr. Cole, the following reso- lution was proposed and unanimously adopted: • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Sec. 17-63 of the Town Code pertaining to Itinerant Vendors is hereby waived for the Greater Leesburg Jaycees for the purpose of selling and displaying fireworks at the Leesburg Plaza Shopping Center from Saturday, June 25, 1977 through Monday, July 4, 1977 , provided that permission is obtained from the Fire Marshal in accordance with Sec. 7-350 of the Town Code of the Town of Leesburg. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mayor Newman reminded Council members that there is a Public Hearing on the Budget and Tax Levy tomorrow night, June 23, at 7 : 30 P.M. On motion of Mr. Rock, seconded by Mr. Tolbert, .the meeting was adjourned' at 9 : 20 P.M. •.yor C erk of t e Council • i