Loading...
HomeMy Public PortalAbout1978_09_13 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND JOINT 171 PUBLIC HEARINGS WITH PLANNING COMMISSION ON ZONING ORDINANCE 171 AMENDMENTS, SEPTEMBER 13, 1978. A regular meeting of. the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia at 7 : 30 P.M. The meeting was called to order by the Mayor, who welcomed Mr. Walter F. Murray as a member of the Council. The invocation was given by Mr. Murray, followed with the Salute to the Flag. Present were:,, Mayor Kenneth B. Rollins, Councilmembers Glen P. Cole, Stanley D. Herrell , Jr. , G. Dewey Hill , Jr. , Marylou Hill , Walter F. Murray and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope, Director of Finance Donald 0. Taylor and Town Attorney George M. Martin. Certificates of Appreciation were presented by the Mayor to former Mayor Mary Anne Newman and, former Councilmembers Charles E. Bange, James A. Rock and C. Terry Titus for their service to the Town in their respective capacities . Proposed "Leegate" Industrial Park. Mayor Rollins recognized Mr. Woodrow W. Turner, representing the contract owners of the old Kincaid property just outside the corporate limits to the east of Leesburg, and stated that the Town .--t will have subdivision control over this property and: will have to O serve it with water and -sewer. The County Planning Commission and ...y the Board of Supervisors would like a response from the Town as to 3,74 whether they look favorably, unfavorably or no comment at all on -� the proposed rezoning of this property. Mr. Turner explained that the present zoning of this tract of land is a combination of A-3 and General Industrial . It is proposed to rezone this property to PDIP for use for office, business, light industry and research and development type facilities. This would be a quality develop- ment of which the' Town and• the. County could be proud. As an indi- cation of commitment, the developer intends to locate its adminis- trative offices on the facility. This is a logical use for the 11 property and it must be rezoned before such use can be made. It is proposed to build a connector road between Route 7 andRoute 654 (to the Airport) . The, developer. is North American• Doctors Investment. Fund, Inc. - Mr. J. Edgar Sears , of Urban Engineering and• Associates, ex- hibited- and explained the design concept for this facility. Mr. Turner: asked that Council consider and• pass a resolution looking favorably at this proposal andindicating its response to the County; also that this facility would be served with Town water and sewer. He said the County Planning Commission has scheduled • and advertised a public hearing on this matter for September• 27th and it is their practice not to holdia hearing until- all the- reports are in. A report from the Town Council would certainly betas im- portant as any others. Mr. Murray felt that, since the Leesburg Planning Commission will be meeting jointly tonight for the purpose of holding public hearings , perhaps this matter might be discussed at that time. Petitioners , Mr. Jack Wallace, President of' the Chamber of Coummerce, said that, although the Chamber has not taken any official action con- cerning parking in Leesburg, it has. been discussed. . He felt that the Chamber is in favor of the ','Foodmaker" lot and that there is a demonstrated need for parking in the downtown area. He suggested that Council give some thought to permit parking on this lot. This would save the cost of meters and policing the lot for the most part. The Chamber is in favor of this purchase provided it is a cost ,effective measure. Mr. Joby Reynolds, President of the Downtown Business Associa- tion, said the Association has been working with the Town Council and the staff for the past several months investigatingmany avenues to alleviate the parking problem in the . Old and Historic District. After looking at many recommendations and studies , including the one recently done by Kamstra, Dickerson & Associates, • they • feel that the "Foodmaker ' lot is the best alternative. There is a strong O 172 MINUTES OF SEPTEMBER' 13; ' 1978 'MEETING. and immediate need for parking in the downtown area. This tract al- ready had open land availability, access and is within walking dis- tance of the historic and downtown area. The majority of the people involved feel this is the most viable land within the area - it is only one and one-half blocks from the center of the downtown dis- trict, is an open area with no historic significance. and is avail- able for purchase. Also considered was the impact of a parking lot in this location. The residents involved were overwhelmingly in favor of it and considered this a natural development for the property. Those in residential areas• used by business parkers were also in favor of it, in hope that it would relieve the congestion there. It is also hoped that, with parking available close to the business area, new business will want to locate in the downtown area. Finally, they considered the "cost" involved. The option to purchase was most reasonable and development of the property requires virtually little money. It is felt that usage of the lot will make it self-sustaining and will cost the taxpayers nothing. However, a certain amount of education will be required and the DBA will work with this . to assure its maximum usage. Mr. Murray suggested the designation of the present parking lot as "PL #1" and the Foodmaker lot- as "PL #2" for purposes of discus- sion. Mr. Reginald K. Gheen, who has worked in the downtown area since 1945 and been a resident of Leesburg since 1950, said the subject of parking has been a matter before the Council in all these years. He reviewed highlights of an economic survey and analysis of the Old and Historic District done by Hartzog, Lader and Richardson in 1976, wherein it was said that retail business is the largest source of income for Loudoun County and the Town of Leesburg, yet those busi- nessmen in the historic district do not always believe they receive their fair share of the market. Most felt that inadequate parking was responsible for a part of this. Customers driving into Lees- burg would be likely to do most of their shopping in an area where they are within easy walking distance of their car. At that time, there were approximately 712 spaces (metered, unmetered and private) in the six major downtown blocks. He felt the people would cooper- ate in using this parking lot for employees in the downtown dis- trict, thus freeing PL #1 for the use of the customers. The report calls for more parking in the downtown area to serve future proposed increase in downtown business. The Town' s 78-79 budget considers funds from the general obligation bonds to be used for pedestrian benches, planters, trees, street lighting, new litter receptacles and about $60, 000 worth of new sidewalks , paving and improvements , in the downtown area. The Budget also proposes $200, 000 for the paving of South Harrison Street and the redevelopment of Edwards Ferry Road, as well as $20, 000 for log cabin improvements. The report also recommends the purchase of land on the fringe of the business area for all-day parking. This lot is &'feasible and self-liquidating proposition. If, in the future, it should not be needed for parking, it would obviously be available for much needed new business. Mr. StanleyF. Caulkins said he has six staff persons, one of which is an offstreet parker. The other five will be using this lot if it is available. This is a key to the Leesburg business area. If the parking should not work out, the money could be redeemed more than the investment. The Town is growing in all directions and Coun- cil must think• 20 years hence. He strongly recommended that Council think favorably on the proposed resolution. Mrs. Winslow Williams understood there was to be a discussion concerning traffic problems in Leesburg and felt this is a very im- portant problem. She complained about the noise from tractor trailers traveling west on West Market Street (where she lives) . She asked that the Highway Department be requested to place larger signs indi- cating the By-Pass on the eastern end of Leesburg, so that some of this traffic might be eliminated. Mayor Rollins asked Mr. Niccolls to look into this matter. Mrs. Williams also complained about the • fire siren ringing so long and thought this unnecessary since it is presumed that all members have CB' s in their vehicles. Mr. Hill replied with "Suppose it were your house?" se P41/441' MINUTES OF SEPTEMBER 13, 1978 MEETING. 173 Mayor Rollins said Mrs. Williams had called about the archi- tecture of the new Safeway Store. The contract has already been let and he thinks it will be nice although it is not of colonial design. He has asked the staff to try to impress upon these people that the Town is interested in quality and, if the design looks out of character for a particular area, to try to persuade them to redesign it. ' Mayor Rollins read into the record a letter from the residents and homeowners of East Cornwall Street in favor of purchasing the Foodmaker lot to be used for parking. This letter was signed by William Cox, Mrs. Armstrong, Mrs. Bright; Thomas Cox, Anne Engle, Edna Carter, Nancy Bradfield, Christine Courtney, Teckla Cox, Edgar Carter and S. J. Bright. Mayor Rollins called a recess at this time in order to take pic- tures of the past and present Councilmembers. The meeting was reconvened by the Mayor and public hearings were held on the following two proposed amendments to the Zoning Ordinance by the Council and the Leesburg Planning Commission. Members from the Planning Commission in attendance were: Hunter M. Leach, Chairman, James L. Griffith, Katherine R. Curry, Mervin V. Jackson, • Lynnwood L. Lay and Marylou Hill. Public Hearing on Proposed Amendments to the Zoning Ordinance concern- ing Site Development Plans . Z: • Mayor Rollins stated that these proposed amendments had been properly advertised and' on file in the Town Office for anyone who wished to read them. There was no-one to speak to this amendment. Mayor Rollins declared the hearing closed and asked the Planning Commission to consider and report to the Council on this matter. Public Hearing on Proposed Amendments to the Zoning Ordinance relat- ing to Home Occupations. Mayor Rollins . said there have been several problems concerning what type of •business can be conducted in one' s home in the last five or six years . Mr. C. Terry Titus, principal in the firm of Bengtson, DeBell & Elkin, consulting engineers and land surveyors, said he has had a business license to operate his business in his home on Wage Drive for several years , although he does -not •at this time .operate from his home. He -was interested in retaining this license for possible use in the future. With regard to Section (a) of the proposed amend- ments, which limited -employment to only members of the immediate family, he felt that someone might want to employ a msecretary who is not a family member. Also, under Section (k) , which specifies normal working hours to be 8 : 00 A.M. through 5 : 00 P.M. , his hours are 7 :00 to 5: 30 P.M. He asked that some change be made in these two sections which would allow him to continue his license for a home occupation'. Mr. Hill felt that Mr. Titus would be considered under the "grand- father" clause in either case. Mr. Martin said he did not believe the "grandfather" clause would apply in a situation like this. Mr. Hill then asked if Mr. Titus would have to discontinue his home occupation if he were engaged in it. Mr. Martin' felt he would have to comply with the new ordinance. Mrs. Dorothy McDonald, who operates an advertising and public relations business from her home, has had a business license to do so for the last four or five years. Her office hours are flexible and she has an artist and a bookkeeper who come on an irregular basis. She asked if she would have to discontinue having these peo- ple come to her home under the regulations of this ordinance. Mr. Forbes explained that these regulations are intended to keep home occupations from growing by leaps and bounds to where they would disturb the neighbors -' they should be incidental and traditional . He assumed that her business is incidental and low-key and would be allPright - it would be in the nature of what is intended by the ordinance, which is to keep home occupations from disturbing the ' residential character of the neighborhood. 174 MINUTES OF SEPTEMBER 13, 1978. Mayor Rollins declared the hearing at an end. Public Hearing on proposed amendment to the Zoning Ordinance to de- lete height limitations in the "MC" District. Mayor Rollins stated that this is a Council hearing only, the Planning Commission has already taken action on this matter. He explained that it is proposed to delete the height' limitations in the"MC" District and to insert "Same as R-1 , " which is .50feet. Mr. Joby Reynolds asked for a clarification of "MC". Mayor Rol- lins explained that this is' the Medical zone, which comprises the hospital and nursing home. There was no-one to speak for or against this amendment. The hearing was, therefore, declared at . an end: Mayor Rollins asked that this proposed amendment be placed on the Finance and Administration Agenda fo'r action. Discussion on Home Occupations amendment. , - - Mrs . Hill commented that Council preferred Paragraph (h) to read "No sign shall 'be displayed." However; the Planning Commission wished the remainder of the paragraph to be included. Mr. Griffith commented that, if all home occupations operating now have to be in' full compliance with this new ordinance when it goes into effect, this could have a far reaching effect on some of the good home occupations. Also, Mr. Forbes said ,there was no in- tention to create a hardship (as to Section (a)) for situations like Mrs. McDonald explained. However, this is pretty clearly stated in the ordinance. He felt that this is a dangerous section and that Council should consider this closely. Mr. Griffith also felt that some thought should be given to some of the overly restricted parts of the ordinance. For instance, Section (e) is not so concerned with what goes on inside the home, but what effect it has on the neighborhood. Mr. Herrell said they are trying to eliminate those home occupations that are offensive to neighborhoods. He did not feel that a sign or a parking lot in an expensive neighborhood was desirable. He felt they must decide what' they want and be fair to all. Mrs. Hill asked if there could be a time limit in which exist- ing home occupations might comply with the ordinance. Mr. Niccolls suggested submitting a list of questions to Mr. Martin on the exist- ing occupations, with the main question being. "Are these retrospective with regard to existing home occupations?" Mayor Rollins said these questions and answers ' should go to the Planning Commission. Both Mr. Herrell and Mr. Hill felt there should be something in the ordinance concerning existing occupations. Mr. Murray suggested perhaps those in existence. should not be allowed to expand, but to„continue as they have been. Mr. Tolbert commented that this ordinance could certainly hurt him - he has been doing this since 1953. Mr. Leach said Mrs. Hill is a member of the Planning Coiiuuission committee on this and it will be pursued. 78-159 - Resolution - Authoriiirig an agreement and approving a cash performance bon. for installation of public improvements for the Bradshaw property at the southwest corner of King Street and Catoctin Circle. There being no objection to considering this matter tonight, on motion of Mr. Tolbert, seconded by Mr. Murray, the .following resolu- tion was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The town manager is authorized and directed to execute the standard agreement, and the cash bond in the amount of $5, 500. 00 is approved, both of which are to guarantee in- stallation of public improvements for the Paul E. Bradshaw 'commercial building at the southwest corner of Catoctin Circle and King Streets, all in accordance with plans ap- proved by the Director of Engineering. Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, Tolbertand Mayor Rollins. Nay: None. 175. MINUTES OF SEPTEMBER 13, 1978 MEETING. Further discussion on "Leegate." Mr. Turner introduced Mr. Neal Fisher, President of North Ameri- can Doctors Investment Fund, who answered questions from Council mem- bers. Mr. Herrell asked what other projects they have built? Mr. Fisher said they have not built an industrial park before, but they have built many office buildings in the California. area and have joint ventured several projects with Italian affiliates in the D.C. area with regard to the Watergate complex. Their main business thrust is as investors in buying income producing property. They have been the• developers of several hotels , motels and office build- ings. They are confident that they have the resources to do a quality 'job here and are looking forward to moving their remaining offices to the D. C. area. Mr. Herrell asked if they are. going to build the buildings and lease them to different industries, or just how do they propose to handle this? Mr. Fisher said it is difficult to say at this time. They have interest from two corporate users on the Fortune 500, both of whom have said they will talk about it after they get the zoning and water and sewer service. One particular user would probably. buy the entire tract and they would be the developer. Another might possibly be a joint venture. Mr. Herrell asked how they propose to regulate any industry in the complex? Mr. Fisher felt that the County regulations 'would pretty well regulate this, but they certainly would not put "dirty ' industry in nice office buildings rt .V 78-160 - Resolution - Looking with favor upon concept of Loudoun ,y County- ZMap 269 - Leegate. C: On motion of Mr. Murray, seconded by Mr. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • The Town Manager is directed to advise the Board of Super- ' visors and the Loudoun County Department of Planning and Zoning that• the 'Leesburg Town Council looks with favor upon the concept of the requested _zoning'map .amendment and re- quests that any future plans , as they are developed, be submitted to the Leesburg Planning Commissionand. the Lees- burg Toon Council for their review. - . Mr. Niccolls' reminded that theretis still prohibition 'of•water and sewer service to property outside. the corporate limits, with the exception of Country Club Subdivision. Mayor Rollins felt Council should consider the repeal of this - Leesburg can' t afford not to look at the area surrounding the . Town to serve if with -water and- sewer. Also, this is just what Loudoun County needs if the de- velopers proceed as they say. This would provide taxirelief for the County, and it is just a matter of time before this develop- ment would •be ,a part of Leesburg. This would certainly add to the economic base of• the Town. Council has total discretion as to : whether or not they will get water and sewer service. However, he said he would not vote for it unless it is quality - good archi- tecture and an economic benefit to the community. If it is a bene- fit, he felt Leesburg "would:have its head in the sand" if it does not serve them with all the facilities they need. Mr. Fisher as- sured that there will be quality, but it is imperative that they know they have . services available. . He asked that there be 'artem- porary read-out to the County. Mr. Turner stressed that, without a resolution with respect • to utilities, the rezoning application before the County could possibly be denied. It was felt by Council that this matter can be discussed and perhaps acted upon at its next meeting and this would be before the County s hearing. Mr. Turner pointed out that the PDIP zoning is the key to keeping heavy industry out of the area. Mr. Hill requested that the possible repeal of the moratorium outside the corporate limits be discussed at the next Pub- lic Works committee meeting. The resolution was unanimously adopted: Ayer .Councilmembers Cole,' Herrell , D. Hill , M; Hill, Murray, Tolbert -and ;Mayor .Rollins. .. . . Nay: None. 176. MINUTES OF SEPTEMBER 13, 1978 MEETING. The minutes of the regular meeting of August 23, 1978 and a special meeting of August 29, 1978 were approved as written. Manager' s Report (1) Decision has been made to continue drilling the Phillips/ Nickels Well with a rotary air drill - this will drill to a depth of 350 feet, which was the depth of the original well. He re- called that the original well was mostsuccessful when it was cleaned to a depth of .about 300 feet. Sydnor and the staff feel this additional drilling should be done and is justified - . it can be done within the existing appropriations and will cost approxi- mately $5, 000; We should know, something by Monday or Tuesday of next week. There is no danger to the existing development or to the other well that they can ascertain. (2) Fluoridation of the Town' swater supply, is scheduled to begin October 10th. Equipment will .be installed in all the. well facilities. There will be a public announcement and all doctors, dentists and health practitioners will be notified. (3) Money will be received within 10 days to two weeks for Federal aid for the additional facilities underway at the Airport. Mrs. Hill requested that "No Turn on Red" signs be placed at the intersections of King and Market Streets and King and Loudoun Streets. If they cannot be placed under the light, perhaps they can be mounted on. the cable. Mr. Niccolls said it has not been done to avoid the clutter, but he will look into what kind of signs can be used - he thought about 18 x 24. inches square. Mayor Rollins asked that Council look at the proposed signs be- fore it is done. Mr. Herrell asked why the traffic lights have been blinking lately at the two main intersections. Mr. Niccolls explained that there was a malfunction one day, but new controllers are being in- stalled at both locations. They have been on order for over a year but had not arrived due to a strike at the manufacturer' s . There should be less malfunction with these new controllers. Mr. -Tolbert reported thatpaYgt7w@rk at the Airport, including sealing of both aprons, was finished Friday, September 1st - the work took 12 days out of 19 allowed; several small jobs, such as lights, shoulders, grading and general clean-up remain; an inspec- tion was held on September 8th by the Town Engineer, Mr. Minor, the resident inspector, Jack .Grogan from the FAA and himself. The Town= s lease with Century Aviation requires that the Town pay for electricity to the beacon and runway lights. Santmyer Electric will be installing a separate meter for this so that Century can-bill the Town for this. Mr. Tolbert also reported that there seems to be a problem with the traffic light at King and Fairfax Streets. Mr. Nicdolls said they will look at this again - there are detectors there and perhaps there is a malfunction or it is not properly located. Mayor Rollins said Mr. Murray will be a member of the Public Works and Utility Committee. He announced that the committee meet- ings next week will be held on Wednesday (Public Works) and Thursday (Finance) , due to the Virginia Municipal League meeting in Norfolk. 78-0-27 - Ordinance - Adding a new section to Article 11 of the Town Code regarding construction noise. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following ordinance was proposed: . ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Town Code is hereby amended by adding a section, to be numbered 11-17 . 1 , to read as follows : 177 MINUTES OF SEPTEMBER 13, 1978 MEETING. Section 11-17. 1. Construction and Equipment Noise. (a) It shall -be unlawful for any person to operate or cause to be operated, any ,equipment used in construction, repair, alteration, or demolition work on buildings, structures, streets,' alleys' of appurtenances thereto in the outdoors between the hours of 10: 00 p.m. and 6; 30 a.m. of " the ' following day. (b) This section_ shall not apply to employees or agents of the town engaged _in the _construction, . repair; altera- tion' or demolition-of. town Property..or facilities. • • SECTION II. This ordinance shall be in effect upon its passage. - Mayor Rollins asked if any consideration had been given to having this applyronly to Saturdays and Sundays: Mr. - Herrell said the Committee felt these were adequate hours for weekdays. The ordi- nahia .was unanimously. adopted:- • Aye: Councilmembers Cole, - Herrell, D. Hill ; M." Hill'; •Murray, Tolbert' and Mayor Rollins. Nay: None. CF' N 78-0-28. - Ordinance - Amending- Sec.- 4-9 of the Town Code. On motion of Mrs. Hill , seconded by Mr. Herrell , the following C ordinance was proposed: ORDAINED by the Council: of the Town of Leesburg, Virginia, as follows : SECTION I. Section 4-9 of the Town Code is hereby amended to read as follows : Sec. 4-9. Amount of licenses. It shall be unlawful for any person to own a dog six,months. old. or over in the town unless such dog is licensed, ' as required by. the provisions of' this ordi- nance. Dog licenses shall run by the calendar; namely, from January 1 to December 31 , inclusive, and the li- cense. tax shall be payable. at the office. of the treas- urer and the' license' fee ' amounts shall' be: as' follows : • ' Infertile males or. females- - - $ 3'.00 Fertile males or females • 8.00 • Kennel ,' up to and including 20 dogs 25. 00 • Kennel , up to and including 50 dogs 35.400; - Provided, however, that no fee fora license shall be levied on- any- dog that is trained-eand servesas a_ guide dog' or. that istrained and: serves as a police dog for any public- law- enforcement agency. • SECTION, II. This. ordinance shall be in effect. upon its passage. . . :.. .. . . ..:. .111 Mr. Hill asked if this means the "Town" treasurer? . Mr. Niccolls explained that this is the County treasurer and it is defined earlier' in the ordinance. Mayor Rollins asked how often we collect money from. the County? Mr. Niccolls explained that- we collect none, it is used to pay for services by the County to the. Town in this regard. The Legislature requires all counties, cities and towns to have a dog ordinance. The Town decided last year to have an ordi- nance' identical to the 'County.' s- and to have a joint powers agree- ment Under-which' the County would enforce it. This merely increases the license fees. -. Without such 'an ordinance, we would- not 'be com- plying with the State law. The ordinance was unanimously adopted: Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray Tolbert and Mayor Rollins. . .- Nay: None. 178. MINUTES OF SEPTEMBER 13, 1978 MEETING. 78-161 - Resolution - Authorizing. the•-purchae of- land owned by Foodmaker, Inc. , in Leesburg, Virginia, for the development of an off-street parking fa- cility; authorizing bids for bond anticipa- „tion notes; . and making an appropriation. On motion of Mr. Murray, seconded by Mrs. Hill, the following resolution was proposed: • WHEREAS, the Downtown Business Association has recommended the town purchase land presently .owned .by Foodmaker, on the south side of Loudoun Street at the intersection with South Harrison Street for .development into an off-street, paved, long-term parking facility; and WHEREAS, this Council has received an executed Option Agree- _ ment from Foodmaker, Inc. , which expires October. l5, ;1978 ; . and • WHEREAS, this Council has determined the projected revenue from- the proposed parking facility will be sufficient to pay all development, - operation, and. maintenance ,expenses for the facility; and ' WHEREAS, this Council has found that development of this parking facility is necessary and in the public interest; and . . WHEREAS, the Leesburg Planning Commission has advised this Council,.,•pursuant. to .Section 15. 1-45,6 of the Code of Vir- ginia, that the general location, character, ' and extent of the proposed facility is substantially in accordance with the Leesburg Comprehensive Plan: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : ' SECTION I. The purchase of, land owned by Foodmaker, Inc. , containing. approximately. 27, 442. 8 square feet and more par- ticularly described in the aforementioned Option. Agreement is. authorized subject 'tb' the' terms and conditions described in the Option Agreement. SECTION II. Itis the intent of this Council . that this land be' developed by the town into' a properly_ landscaped, metered, asphalt-surfaced parking facility for the use of the public for long-term parking. This project shall be self-supporting in that revenue from parkingmeter collections and meter fines from the facility are hereby pledged to .the payment of princi- pal and interest on all debt issued for the acquisition and development of. the facility, as well as annual operating and maintenance expenses. Funds necessary to acquire this land and develop it into. a public parking lot will be derived from bond anticipation notes .for- which bids. from banks' and' savings and loan institutions shall be. solicited. This project shall be refinanced by the sale of general Obligation- bonds. SECTION fn. : The manager is. authorized and directed to secure from a qualified engineering consultant complete bidding docu- ments for the development of this facility, which shall be re- viewed and' approved• by this Council': SECTION. IV. This Council. shall. accept sealed bids at. 7 : 30 EST, Wednesday, September 27 ; from banks- and savings and loan: institutions for bond anticipation notes in the a- mount of $150, 000. SECTION- V.. . .Effective upon receipt of the proceeds of- the sale of bond anticipation notes, the following appropriation from the general fund is made for the fiscal year ending June 30, 1979 : . . .. ' . Account. Name • . Account Code Amount Land Acquisition 10400. 801 $85, 000 .� 9?: MINUTES OF SEPTEMBER 13, 1978 MEETING. ' SECTION VI. The manager is - further 'authorized and .directed to have 'prepared -a Request far Proposals (RFP): outlining the scope of services to be -provided by the qualified mu- nicipal consulting firm selected by the town to evaluate the feasibility of a multi-level structured parking facility on the present town parking lot next to the municipal office building. Prior to the solicitation of proposals, this Coun- cil shall review and approve the RFP. On motion,.of Mr. Murray, seconded, by- Mr. Herre'll-; the-following amendments were proposed: 11.1 Delete the third "Whereas" paragraph and ."Section VI" ' entirely. Mr. Murray did not feel that the Council is in a position to say that this parking" lot •will support itself. As to Section VI, Mr. Murray said there-is no :possibility within- the -immediate future (the next 5 to 10 years) that this Town can afford a multi-level •parking fa- cility which costs about $4, 000 per parking space. It would prob- ably cost $2;000, 000 to $2, 500;000, rather than the $1, 000', 000 which has been projected - $1, 000; 000 .at 6-1/20Ointerest ''is $65, 000 a year in debt service, and which is exactly double what the Town takes in on all parking facilities . and. fines. This does not in-- dude the cost of maintaining the building, utilities, insurance, etc. , nor policing it and hiring someone to handle the money. There Nis no way a facility of this kind can be operated on a 10-cent an �=. hour meter. If there' s any way to make the people go to Tyson' s Corner and other shopping centers, -it' s to make it expensive and �^ unavailable. Any studies that will cost money or take time for the staff are a waste of money 'and time. In two or three years, it would be worth nothing and would have to be done . all over again. Mr. -Hill had no problem with the deletion of the third "Whereas, " but he did feel that Section.VI should be looked •at further. Mr. Murray said he knew of no engineer that would do this' work free. He said if the Foodmaker lot is not on a "pay as you go" basis in three years, something else should be done with it. He asked if the DBA has had a study done on a multi-parking lot? Mr. Rey- nolds said they felt it is not feasible and that it would cost about- $2,000, 000. s - . .. . ; , Mr. Cole said he had -received . a ca1l,-tonight,• suggesting that, if the Town was going to build a multi =level -parking• facility., it should• be on the' Foodmaker .lot. The amendments proposed above were unanimously adopted: Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, ' Tolbert and Mayor -Rollins. Nay: None. . . On motion of Mayor Rollins, seconded by Mr. Murray; 'the following amendments were proposed: • Delete the word "metered" from Section II andtdelete- the sen- tence reading -"This project shall be self-supporting in that revenue from parking meter collections and meter fines from the facility are hereby pledged to the payment of principal and interest on all debt - issued for the acquisition and de- velopment of the facility, as well as annual operating and maintenance expenses. " - Mayor Rollins explained that there is some question as to whether the lot, shall be metered. The Committee discussed setting:-up two new ac- counts for this money - a whole separate bookkeeping procedure just for the money taken in from this parking lot; He didlnot feel this is necessary - it would cost more to do this than to operate the lot. If it is not making any money,' you can soon tell by the number of cars parked on it. If it' s a bad investment, then you have to do something about it. Mr. Murray felt that meters and/or permit park- . • ing can be worked out. The main thing is to encourage people to use it and -he felt the .DBA should -be partially responsible for this'. • The- amendments proposed- were -unanimously adopted: ' Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. . Nay: , None. : iso MINUTES OF SEPTEMBER 13, 1978 •MEETING. . • • - . . Mr; '•Murray felt that nine hours-.per day for operation .of the lot is just about "the• limit, 'which-would be^less than• the 60 hours per week estimated. :Mr. -Niccolls•.said 'as request:'for %proposals .for ,the design is out .and: will be. on .the' Agenda 'in •time.• :There will beta "small por- tion .of the .Bryant 'tract -included••- the design •will encompass the Town-owned property as well as this purchase: The :resolution, as amended; ,was unanimously adopted by -a roll• 'call' vote••and reads as follows : : i . . . WHEREAS? :the Downtown Business'Association•.has recommended the town purchase land presently owned by Foodmaker, .'Inc.., on the south side of Loudoun Street at the intersection with South . Harrison Street . for development into :an off- street, paved, long-term parking facility; and III - - WHEREAS, this Council has received an executed Option -. :. ' : Agreement'. from Foodmaker, Inc. , which ,expires .October • 15; 1978 ; and - - , WHEREAS, this Council has . found that development 'of this • parking .facility is necessary and in the public interest; and . WHEREAS.; the Leesburg -Planning Commission has advised this . Council , pursuant'•to Section: 15.1-456 'of the.. Codeof Viz..: ginia, that the general location, character, . and extent • of the proposed :facility -is . substantially 'in accordance with the :Leesburg Comprehensive Plan: -,THEREFORE,. RESOLVED by the Council' of. the Town of Leesburg, • Virginia, as follows: • - L . . . SECTION I. The purchase' of land owned by Foodmaker, Inc. , containing approximately .27; 442. 8 square feet and more :par- ticularly described in the aforementioned Option Agreement • is•authorized .subject to the terms and conditions described • in the. Option Agreement. i 1 SECTION II. It is the intent of this Council 'that .this land be developed by the town into a properly land§caped, asphalt-surfaced parking facility for the use of the pub- - tic for- long-term parking:. .Funds necessary to acquire .this land' and :develop• it into ;a 'publ•ic" parking lot :will. be 'de- rived from bond anticipation notes for which bids •from• banks and savings and loan institutions shall be solicited. This project shall be. refinanced by the sale of general• obligation bonds. SECTION III. The manager is authorized' and_directed to secure from a qualified -e"ngineering consultant complete ;bidding docu- ments for the development of this facility, which shall be reviewed and approved by this Council . SECTION IV. This Council shall accept sealed bids at 7 : 30 p.m. , : EST, Wednesday, September 271 from banks and savings and loan institutions for bond anticipation notes in- the amount of $150, 000. - . - SECTION V. ' Effective upon- receipt of the proceeds of; the sale of .bond-.ant•icipation notes , the. following •appropriation from the general fund is made for the fiscal :year ending June 30, 1979 : • Account Name . - Account Code . ., Amount, Land Acquisition 10400. 801 ' $85, 000 • .r Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, 1. Tolbert and Mayor Rollins. Nay: ' None. . • Proposed Ordinance authorizing the issuance of $150, 000 -Public Parking Facility. Bonds of the Town of Leesburg, Virginia. On motion' 'of' Mr. Murray; seconded by Mr. Herrell , the first read- ing of the proposed ordinance 'authorizing 'the issuance of $150, 000 public parking facility bonds of the Town of Leesburg, Virginia 181 MINUTES OF SEPTEMBER 13, 1928 MEETING. was unanimously approved: Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. 78-162 - Resolution - Authorizing design of EvergreezMill Road well facilities. On motion of Mr. Tolbert, seconded by Mrs. Hill , the following resolution was proposed: WHEREAS, the well system study for Evergreen Mill wells dated August 21 , 1978, by Bengtson, DeBell & Elkin, Inc. , has been received: • • THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • The Manager is authorized to direct Bengtson, . DeBell & Elkin, Inc. , to begin design of water transmission main B alternate for Evergreen Mill Road well facilities in accordance with their proposal dated June 7, 1978. iS. Mr. Hill explained that the committee looked at several alternates to get these wells into the system as soon as possible: Inasmuch as they are strengthening the water system in town, it vas decided that the route proposed would definitely be of benefit - it would be utilizing an existing. connection under -the By-Pass on. Rbute 15. They felt that perhaps it could be incorporated into the work being done under! this contract and get the line in. more quickly. The reso- lution was unanimously adopted: Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay: None. • I 78-163 - Resolution - Authorizing an offer to Virginia Knolls Com- munity Association. for an easement for con- struction';of channelimprovements: and author- izing • condemnation proceedings. On motion of Mr. Murray, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, John,W. .Gibson, Trustee, ,has : submitted. a site- plan for part of; Parcel M, Section 1, of. Virginia Village; •for the construction of three warehouses ; and WHEREAS; ! the site: is partly, included in the 100-year flood plain- as delineated. by the 1973 Soil Conservation Service flood study; and - WHEREAS, : the site plan:was .received :prior_ to')amendment- of the Zoning Ordinance to create the:F-i1 :Flood:Zone=which restricts . certain-development .within flood hazard -areas ; and ' - - - WHEREAS; Council has made the construction of- channel im • - provements -on. Tuscarora Creek off ofrthe Gibson property a condition of Planning Commission approval of• the. site plan; and WHEREAS, an- easement of approximately 10, 000 square_ feet is required from Virginia Knolls Community Association for construction of these improvements ; and WHEREAS, the proposed channel improvements will 'reduce the flood hazard for town lands adjacent to Tuscarora Creek; and - - WHEREAS, a permit is required from the Town of Leesburg for construction of the portion of these improvements on town property; and . - 1 Q 2 MINUTES OF SEPTEMBER 13, 19.78 MEETING. WHEREAS, an appraisal of the easement, has been received estimating its value at $1 , 500; and • • • WHEREAS, John W. Gibson, owner of part- of Parcel M, Section 1, Virginia Village, has agreed to pay all costs ' related to securing of the required channel improvements easement from Virginia Knolls Community Association and has posted- a $3, 000 cash bond with the town to guarantee payment of such costs : THEREFORE,. RESOLVED by the Council of the' Town of Leesburg, Virginia, as follows : SECTION I. Virginia Knolls Community Association is hereby offered the sum of $1 , 500 cash for the channel improvements easement described on the plat hereinafter referred to on condition that title to the lands affected is free and clear of all'. defects, liens , or conditions which could inhibit the use of the area for the purposes intended; the easement will be conveyed according .to the plat and description prepared by John P. . DiGiulian, Certified Land Surveyor, by good and proper deed with the usual warranties of title; ' the closing of the transaction shall be within 90 days after written ac- ceptance of this offer; and the. Virginia Knolls Community As- sociation shall pay the grantor tax. SECTION II. In the event this offer is not accepted in writ- ing within thirty days from receipt,. the Council hereby de- clares that an essential public necessity exists for the ac- quisition of the easement by condemnation and right of early entry and does hereby authorize the town attorney' to file the requisite petition for condemnation and early entry on behalf of the Town of Leesburg. SECTION III. A permit for construction of Tuscarora Creek channel improvements on. town property in conjunction with the improvements required on Virginia Knolls Community Associa- tion property is authorized. SECTION IV. John W. Gibson shall be required to reimburse the town for all legal expenses relative to the condemnation action authorized herein, including any award for damages and value of the easement. Mr. Niccolls explained that this will straighten out the channel be- tween the bridge and about 2000 feet east of the bridge where there is a crook in the creek." By removing this crook, I t. is intended to reduce the flood hazards. We believe' they will respond to this offer - they may make a counter offer, but they understand'this work must be done. Perhaps some of the members of the Association might like to meet with the committee later on. The three separate warehouses are to be located' behind the' Little League ball field. • The developer will do this work - it will be a part of the bonded public improve- ments. Mr. Reynolds, as a member of the Association and a resident of Brandon, asked if 30 days is enough time for a response. Mr. Niccolls said Mr. Hangar and another resident who are members of the Board felt this was enough time - if it is not, more time will be granted. Mr. Reynolds also asked if there are any alternatives insofar as aesthetics is concerned. This will wipe out a large num- ber of large trees .- is there any screening provided? Mr. Niccolls said a lot of• these trees are on town property. The project itself has no landscaping. He further explained that the developers agreed in writing to make these channel improvements as one of the conditions for approval of their site plan. He said there is no way to improve the drainage of the creek without a large destruction. of the property. Discussion continued on this phase of the project. Mr. Niccolls said this has all been discussed with Association representatives and it has been suggested that perhaps $3, 000 could be put in a fund to buy some suitable planting. . Mr. Cole suggested that perhaps they could use the money they get from the land for this purpose. The resolution was adopted by a vote of 6 to 1 : Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray and Tolbert. ' . Nay: Mayor Rollins. . MINUTES OF SEPTEMBER 13, 1978 MEETING. 78-164 - Resolution - Authorizing- the- purchase of ameasement. On motion of Mr. Murray, seconded- by Mr. Cole; the following resolution was proposed and unanimously adopted: - RESOLVED' by' the Council for the Town of Leesburg, Virginia, as follows : - - - • SECTION • I. The purchase of a water main easement' and temp- rary construction easement through the lands of Lucas D. Phillips, Carleton Penn and Carole L. Penn, as shown on a plat prepared by Bengtson, DeBell & Elkin, Inc. , revised June 1978, is hereby authorized at a cost not to exceed $2, 980. SECTION II. An appropriation is made to Account #20500. 805, 1976 Waterworks Improvements, System Strengthening, in the amount of $2, 980 for the fiscal year ending June 30, 1979. Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 78-165 - Resolution - Grantingencroachment to May Kwun Mao at rt . ` 38 SoutKing Street. ' On motion. of Mr. Cole, seconded byMr: Tolbert, the. followin resolution was proposed and unanimousy adopted: : - • g RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The manager is authorized and directed to issue a permit to May Kwun Mao fora 22-inch encroachment, 52 'inches' in ' length, on Town right-of-way at 38 South King Street, for brick: steps; - • Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray. I Tolbert- and`Mayor 'Rollins. ' i Nay: None. 78-166 —Resolution - Accepting Deed of Dedication.by Stanley D. Herren ; Jr. On motion of- Mr. Tolbert; seconded by Mr. Murray, •the following resolution was proposed and adopted by a vote of 6 to 1 abstention: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Deed of Dedication made the 15th day of _August, 1978, by and between Stanley D. Herrell , Jr. and the Town of Lees- burg on• Sycolin Road is hereby accepted and the Mayor is authorized to acknowledge . the same on behalf of the Town. Aye: Councilmembers Cole, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. ' - • • Abstention: Councilmember Herrell. . 1 . 78-167 - Resolution - Authorizing agreements •for employee group IIIin- surance. On motion of Mr. Hill , seconded by Mr. Herrell, the following resolution was proposed: • RESOLVED :by the Council. :of --the -.Town :ofrLeesburg, Virginia, as follows : • The Manager is authorized -and -directed to enter into insur- ance agreements with the 'American Health Insurance Agency of Virginia; Inc. , 106 North Main-Street; Farmville,, Virginia 23901-,i for :employee group insurance as follows : 184 - MINUTES OF SEPTEMBER 13, 1978 MEETING: • (a) , $10, 000 Life, accidental death- and dismemberment • policy f r all full-time employees at a monthly premium of $0. 54 per $1 , 000 coverage, with the town paying all costs for the insurance. - _ (b) Accident and illness insurance for all full-time employees providing a 60 percent indemnity with a 30 day benefit elimination period at a premium of $1. 30 per $100 payroll, with the town paying all the costs for the insurance. • (c) Basic and major medical health insurance' for all full-time employees as described in a June 24; 1978 proposal from W. A. Watson, III, of American Health Insurance Agency of Virginia, Inc. , with • • the town paying the cost for the • employees ' cover- age at premium rates as follows: : Individual employee $34. 16 per mo. . Employee and spouse only 78. 83 " " Employee and family - 84'. 75 " " Employee and dependent children 53; 03 " " ' Medi-Care supplement 16. 96 " " Mr. Hill felt that this is a. good package of insurance. The town employees are a lot better off than the County. He thought the town council can hold their heads high with this policy. " The reso- lution was unanimously adopted: Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. 78-168 ' - Resolution - Authorizing the purchase-of dump truck. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: , RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : - SECTION I. The manager is authorized and directed to enter into an agreement with S &-R Chevrolet-Oldsmobile, Inc. , P. 0. Drawer 1196, Leesburg, Virginia 22075, for the pur- chase of one 1979 Chevrolet dump 'truck equipped in accord- ance with specifications dated July 25, 1978 at a price not to exceed $11 , 845. 00. SECTION II.. An appropriation is made from the Utility Fund to Account No. 20100. 802, Auto Equipment-Truck, in the a- mount of $11 , 845. 00 for -the -fiscal .year-ending:June 30, 1979. Aye: ,Councilmembers Cole, Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. - Nay: None. 78-169 - Resolution - Making an additional appropriation for finan- cial advisory services. On motion of Mr. Cole, seconded by Mrs. Hill, the following resolution was proposed: • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made to Account No. 20200. 263 Water Supply - Operating Professional Services, in the amount of $7, 000 for the fiscal year ending June 30, 1979. Mr. Niccolls explained that a contract was entered -into -last year with Municipal Advisors, Inc. for financial 'advice on the $5;000, 000 bond issue and preparation of documents. The funds were not paid last year and the appropriation lapsed. This is to re-make the appropriation. The resolution was unanimously adopted: - Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. : .44044 e: ;? t,t MINUTES OF SEPTEMBER 13, 1978 MEETING. 185 78-170 - Resolution - Making an appropriation for the fiscal year ending June 30, 1979. On motion of. Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 10110. 861 , Parking Lot Improvements , in the amount of $1, 600.00 for the fiscal year ending June 30, 1979. Aye: Councilmembers Cole, Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. On objection by Mrs. Hill and Mayor Rollins , a resolution con- cerning an agreement for temporary use of the Log Cabin by Mr. Chris- topher Goodine was referred to the Finance and Administration Com- mittee. Mrs. Hill understood that a Mr. Roberson from Pennsylvania had formerly expressed interest in the use of the log cabin for silversmithing, however, nothing has been heard from him in recent months. Mr. Hill expressed a desire to see some activity there. Mrs. Hill suggested that the making of East South Street one way might be discussed by the Utility and Public Works Committee soon. Mr.. Hill suggested a poll of the residents on that street. Mrs. Hill also mentioned the poor site distance at many intersec- tions in town, with particular attention to the one at the corner where Jock' s Exxon Station is located. On motion of Mr. Cole, seconded by Mr. Tolbert, Council voted unanimously .to adjourn the meeting, at '10: 50 P.M. Mayor /earth"Counci