HomeMy Public PortalAbout1981_09_09 188 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 9 , 1981.
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on September 9 , 1981 at 7 : 30 p.m. The meeting was called to order
by the Mayor, with the invocation by Mr. Tolbert and followed
with the Salute to the Flag led by Mr . Herrell . Present were:
Mayor Kenneth B. Rollins, Councilmembers Charles A. Bos, Stanley
D. Herrell, Jr. , G. Dewey Hill, Jr. , Marylou Hill , John W. Tolbert,
Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, As-
sistant Manager Jeffrey H. Minor; Assistant to Manager for,.Com-
munity Development Marc S . Weiss and Town Attorney George M. Martin.
The minutes of the regular meeting of August 12 were approved
as written.
MANAGER' S REPORT:
(1) Mr . Niccolls highlighted some of the items on the written
Activity Report:
(a) We have finally, after a great deal of work on the
part of George Martin and Jeff Minor, completed the Loudoun House
property acquisition for the Plaza Street Park. The project is
moving ahead pretty much on schedule.
(b) Earlier last month we sent out a. request for State-
ment of Qualifications, and advertised in the newspaper that we were
doing so, from professional firms , planners and engineers that
wished to provide services on the South Harrison Street project.
Eight such firms responded by listing their qualifications and
these were ranked and compared by staff members. After doing so,
they came to the conclusion that two firms had submitted qualifi-
cations that indicated they were adequately prepared to provide
architectural engineering services on this project. Those firms
are listed in the report. Since they didn ' t consider the other
six firms, they chose not to ask them to go through the process of
preparing a proposal. HUD has formally released funds through a
letter of credit arrangement for the project. Cash expenditures
can now be made against this letter of credit and funds can be move
into the Treasury. As an example, the Sollars tract acquisition
will go forward on September 16th as planned.
(c) There is an update on cable television. Service is
available in front of all homes in Leesburg, with few exceptions.
They are in the process of hooking up customers (about 300 installa-
tions) .
(d) The street resurfacing program for this year is mov-
ing along - preparatory work was done today on Liberty Street,
North Street and a few other areas .
(e) There is a report from Randy Shoemaker on well opera-
tions. Basically, we have had some problems with the wells during
the summer, but have sufficient wells that we can absorb these and
have an adequate water supply.
(f) There is some interesting data on the USGS test well
out at the Carr tank. We drilled out there as a potential water
supply source and found a minor source out there, which was then
abandoned and not developed. There has been a slight. recovery from
the low point.
(g) EPA has taken one more bureaucratic step toward
what will amount to releasing funds for design work on the Sewage
Treatment Plant. This is the issuance of the FONSI - it means it
will not be requiring a full enviornmental impact assessment,
which would be a one-year operation at least. This is the important
step we have been waiting for .
(h) Attached to the Activity Report is the Sewage Treat-
ment Plant monitoring report sent to the State Water Control Board.
All of the limits were met, with the exception of chlorine residual.
The rainfall and flow report are attached.
(i) Don Taylor has provided the cash and investments
schedule.
MINUTES OF SEPTEMBER 9 , 1981 MEETING. 18 9
Mayor Rollins asked about the resurfacing project? Mr. v
Niccolls said the first sentence refers to reconstruction - this
means on Loudoun and Market Streets and East Market Street. The
resurfacing work is all to be done yet.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Hill asked why the owner of the trailer park did not want
cable TV in the park? Mr. Niccolls said he didn ' t think anyone
from the town inquired - it was a private decision. Mr. Hill said
he has received a lot of requests for it outside the town - he
would like to know why the trailer park did not want it. Mr. Nic-
colls said he would attempt to find out. Mr. Willis said he could
probably find out. Mayor Rollins said he has received a lot of
calls from residents of Country Club who can ' t understand why they
can ' t get it. Obviously, they are not in the corporate limits.
He wondered what would have to be done to allow them to get it -
whether or not the County would agree to issuing a permit to our
franchisee. He would like Mr . Niccolls to look into what would
be necessary from the County ' s standpoint to allow these people
to have it. Mr. Hill said the County has not adopted such an ordi-
nance - this would have to be done first. Mr. Niccolls said there
N was discussion last year about Prince William County - the County
Q is served by a number of independent cable operators (at least 5) .
ct They are not licensed, regulated or controlled in any way by the
—) County itself - they have taken a total "hands off" position. In
Q that situation, if the County should choose to do that, it is just
a matter of the cable company getting a permit from the Virginia
Q Department of Highways and Transportation to cross or run parallel
with public rights-of-way. The cable company here could take that
risk and just move into the area with such a permit, or it could
wait until the County in some fashion moves through its process,
or they could initiate it with a permit. We will be happy to talk
with the cable company and see what their plans are. Mayor Rollins
wants to know what is necessary, if anything, to permit our fran-
chisee to serve those people? He would be happy to ask the County
to adopt whakeaer is necessary to permit these people to have it.
Mr. TolberVVi? the people in the trailer park own or rent their
trailers? Mr. Willis said they own the trailer, but they rent the
land. Mr . Hill said we maintain a street through there, so that
hould be no problem. Mayor Rollins said he has had a lot of people
in Country Club ask for annexation so they can get cable TV.
Mrs . Hill said one of the reasons the plans for the Museum are
not available to the Council is that we have not paid for them.
They cannot be in the hands of the Museum until the architect is
paid. Perhaps we should borrow them and see if the town likes them
and then give them back. But they are in nobody' s hands now.
The Edwards Ferry Mews subdivision came before the Planning
Commission again. There are questions by citizens in the area
and they could not be answered that evening, so the application
was withdrawn that night. It will be back again.
There is a hole in Loudoun Street going over the hill in the
westbound lane.
MAYOR' S REPORT:
Mayor Rollins said the Highway Department proposes to con-
struct an industrial access road from Route 15 for half a mile,
which would be an extension of Edwards Ferry Road (Rt. 773) where
it crosses the By-pass. The question is whether or not the Council
wants to request a public hearing on this matter. Mrs . Hill felt
we should. Mr. Willis said nobody lives on it. Mayor Rollins in-
terpreted it to mean that a public hearing would be held only if
the town opposes it.
19 O MINUTES OF SEPTEMBER 9 , 1981 MEETING.
J RESOLUTION OF RESPECT:
On motion of Mr. Willis, seconded by Mr. Tolbert, the follow-
ing Resolution of Respect was proposed and unanimously adopted:
WHEREAS, E. Neville Bradfield, former local banker and
well-known resident of Leesburg, died in Loudoun Memorial
Hospital on July 31, 1981 ; and
WHEREAS, Mr . Bradfield was a former member of various
civic and service organizations in Loudoun County and
Leesburg; and
WHEREAS, Mr. Bradfield served as Mayor of the Town of
Leesburg from 1935 to 1937 and again from 1942 to 1947 ;
and
WHEREAS, Mr. Bradfield contributed of his time and energies
in the past to the betterment of the Town of Leesburg:
THEREFORE, RESOLVED that the Mayor and Members of the Coun-
cil of the Town of Leesburg do extend their sympathy to
his family and to all who knew him; and
FURTHER RESOLVED that this Resolution of Respect be spread
upon the minutes of this meeting and that a copy be sent
to his wife and children.
Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay : None.
81-0-23 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP .
On motion of Mrs . Hill, seconded by Mr. Tolbert, the follow-
ing ordinance was proposed:
WHEREAS, Rezoning Application #ZM-33 by William S. and
Helen A. Alberts was referred to the Planning Commission
on March 25, 1981 ; and
WHEREAS, the Planning Commission on May 7 , 1981 held a
public hearing on the application for rezoning; and
WHEREAS, on June 12 , 1981 the Planning Commission recom-
mended to the Council approval of the rezoning subject
to the receipt of the applicant ' s written proffer for
a portion of the property located to the southwest of
Tuscarora and northwest of Sycolin Road, limiting the
uses of this portion of the property to B-1 and B-2
uses; and
WHEREAS, the applicant ' s written proffer was presented
to the Council prior to a public hearing held by the
Council on August 26 , 1981;
THEREFORE, ORDAINED by the Council of the Town of Lees-
burg in Virginia as follows :
SECTION I . The Leesburg Zoning Ordinance is amended to
revise the Zoning District Map to change from R-2 to M-1
5. 3 acres of land located on the east side of Sycolin
Road, bounded by the properties of Lee, Payne and Nor-
thern Virginia Regional Park Authority on the north,
Rt. 15-7 By-pass on the east, Rt. 15-7 bypass on the
south and Sycolin Road on the west, in accordance with
a plat prepared by Bengtson, DeBell , Elkin and Titus
dated March 12 , 1981, and in accordance with the follow-
ing proffer:
MINUTES OF SEPTEMBER 9 , 1981 MEETING.
191
All uses of the property located in the area rezoned
to the south or southwest of Tuscarora Creek will be
limited to those uses currently permitted in the B-2
district as set out in Leesburg zoning ordinances cur-
rently in effect. The Tuscarora Creek shall be con-
sidered as the center line of the said Creek at its
present location as it exists on the above date.
SECTION II . This ordinance shall be in effect upon
its passage.
Mrs. Hill said the committee recommended that this be made all
B-2 - when you have B-2 you have B-1 uses as well . Mr. Bos asked
Mr. Givens to explain what might be done with the flood plain por-
tion of this property in the future? Mr. Givens said it is the
hope of the owner of the property, when they have a user, that
some of the area that is currently drawn in the flood plain can
be drawn out of it by a more accurate survey and/or fill . Mr.
Bos asked if this would increase the size of the area being re-
zoned as the flood plain is decreased? Mr. Givens understood
they would come back to the Council to rezone that area out of
the flood plain, based on current engineering. The ordinance
was unanimously adopted :
CD
Aye: Councilmembers Bos, Herrell , D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
7 Nay: None.
Q
Q PETITIONER:
Mayor Rollins recognized Miss Susan Diedrich, Executive Secre-
tary of the Loudoun County Chamber of Commerce. The Chamber is an-
ticipating relocation of their offices to the southwestcornerof
King and Cornwall Streets. This will put them downtown and within
walking distance of the parking lot and the Museum, as well as be-
ing better able to answer questions concerning the downtown area.
They are asking for several parking spaces on Cornwall Street for
visitors for 10 or 15 minutes while they visit the Chamber offices.
They are getting 5 to 10 visitors per day in their current location -
they stay only for 10 to 15 minutes to get information. We already
have permit parking on East Cornwall Street, but this is West Corn-
wall. Mrs. Hill felt this is a good time to consider going this
other block. There followed discussion concerning this request.
Mr. Herrell suggested the staff look into this and come back with
a recommendation. Mr. Bos agreed with this. Miss Diedrich said
they will be moving Novebmber 15th. Mayor Rollins referred this
to the Public Works Committee.
81-119 - RESOLUTION - ADOPTING A CITIZEN PARTICIPATION PLAN FOR THE
TOWN OF LEESBURG COMMUNITY DEVELOPMENT PROGRAM.
On motion of Mr. Bos, seconded by Mrs . Hill, the following
resolution was proposed and unanimously adopted:
WHEREAS, Section 570 . 303 of the Consolidated Community De-
velopment Block Grant Regulations requires participating
jurisdictions to adopt a written citizen participation
plan;
THEREFORE, RESOLVED by the Council of the Town of Leesburg
in Virginia as follows :
A citizen participation plan dated August 26, 1981 is adopted
setting forth the town ' s policy with respect to citizen parti-
cipation in the Community Development Program.
Aye : Councimembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
1" MINUTES OF SEPTEMBER 9 , 1981 MEETING.
J 81-120 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC
HEARING FOR COMMUNITY DEVELOPMENT ENVIRON-
MENTAL REVIEW RELATED TO FLOOD PLAINS AND
WETLANDS .
On motion of Mr. Tolbert, seconded by Mr. Bos, the following
resolution was proposed and unanimously adopted :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
A notice of public hearing to consider the impacts of the
Community Development Project on the 100 year flood plain
shall be published in the non-legal section of the Loudoun
Times-Mirror on September 17 , 1981 for Public Hearing on
September 23, 1981 at 7 : 30 p.m. in the Council Chambers,
10 West Loudoun Street, Leesburg, Virginia.
Aye: Councilmembers Bos , Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
81-121 - RESOLUTION - AUTHORIZING LAND ACQUISITION FOR THE SOUTH
HARRISON STREET REDEVELOPMENT AND REVITALIZA-
TION PROJECT.
On motion of Mr. Willis, seconded by Mrs . Hill, the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . The manager, as required by Title 25, Chapter 6 ,
Article 3 of the Code of Virginia 1950 amended, shall certify
just compensation as determined from an appraisal and the re-
view appraisal for the property of Harry Sollars on South
Harrison Street to be acquired by the town for the South Har-
rison
Street Redevelopment and Revitalization Project.
SECTION II . The manager shall buy, on behalf of the town,
the 0 . 845 acre parcel of land owned by Harry Sollars on
South Harrison as shown on a plat prepared by Bengtson,
DeBell, Elkin & Titus dated August 24 , 1981 at a price not
to exceed $62 , 000 .
SECTION III . An appropriation is made from the General Fund
to Account Number 9150-725, Land and Building Acquisition,
Community Development Program in the amount of $65 , 000 for
the fiscal year ending June 30 , 1982 for land acquisition and
appraisal services.
Mr. Willis asked which piece of property this is? Mr . Niccolls said
it is behind Vinegar Hill parking lot on both sides of the creek.
During the course of the project, a decision will be made as to
what to do with the parcel on the west side of the concrete drain-
age ditch. Initially, the owner contemplated retaining that and sell-
ing us just Parcel A. Then it was decided, for several reasons,
that it would be good for the town to acquire this - it could be
disposed of and generate some project income. Further, it had a
favorable effect on the overall price as to what we will pay for
all the property in the area. This will come out of the Grant fund.
Mr. Hill asked if we have received any of this grant money yet?
Mr.. Niccolls said they just released some funds to us a few days
ago, effective September 11, and it can be wired into our bank at
our request. Mr. Weiss said, in this case, we will probably pay and
then be reimbursed. It won' t take longer than 10 days after our re-
quest is submitted. The resolution was unanimously adopted:
Aye: Councilmembers Bos , Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
MINUTES OF SEPTEMBER 9 , 1981 MEETING.
193
81-122 - RESOLUTION - MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE
FISCAL YEAR ENDING JUNE 30 , 1982 .
On motion of Mr. Herrell, seconded by Mr. Willis, the following
resolution was proposed :
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
Supplemental appropriations are made from the General Fund
to the following accounts for the fiscal year ending June
30, 1982 :
Account No. and Name Appropriation
4600 . 521 Postage $10, 000
4600 . 523 Telephone 14 , 000
4600 . 541 Employee Bonuses 1, 700
Mrs. Hill explained that these items were inadvertently left off og.
the final draft of the Budget. Mr. Niccolls said they were initially
O planned for but left off - he thought it was just a clerical error.
The resolution was unanimously adopted:
Aye : Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert,
Q Willis and Mayor Rollins .
Q Nay: None.
81-123 - RESOLUTION - AUTHORIZING A PREAPPLICATION AND APPLICATION
FOR AIRPORT DEVELOPMENT AID PROGRAM FUNDS FOR
THE CONSTRUCTION OF EXIT TAXIWAYS AT LEESBURG
AIRPORT.
On motion of Mr. Willis, seconded by Mr. Bos, 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 sub-
mit applications to the Department of Transportation, Fede-
ral Aviation Administration and Virginia Department of Avia-
tion for $41, 574 to construct exit taxiway improvements to
Leesburg Municipal Airport.
SECTION II . John Niccolls, Town Manager, is hereby author-
ized and directed to execute the grant amendment offer, on
behalf of the Town of Leesburg, and Dorothy B. Rosen, Clerk
of Council, is authorized and directed to press the official
seal of the Town of Leesburg, Virginia and to attest to said
execution.
SECTION III . A supplemental appropriation is made from the
Airport Fund to Account Number 6000. 730, Safety and Mainte-
nance Improvements, in the amount of $43, 762 for the fiscal
year ending June 30 , 1982 .
Mr. Bos asked if the Airport Commission was in favor of this? Mr.
Niccolls said Mr. Minor polled the members by telephone. Mr. Minor ,
said three of them were favorable and very pleased that we could
get this money. Mr. Hill said the Airport Fund doesn ' t have this
much money in it. Mr. Niccolls said we will be -obligating the ex- '
penditures before we actually receive the grant, but we will re-
ceive it in time to balance it out. The Airport Fund will have
sufficient revenues from the grant. The resolution was unanimously
adopted:
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins.
Nay: None.
19 MINUTES OF SEPTEMBER 9, 1981 MEETING .
J 81-124 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
CASH PERFORMANCE BOND FOR INSTALLATION OF
PUBLIC IMPROVEMENTS FOR SOUTHGATE IN LEES-
BURG.
There being no objection to consideration tonight, on motion of
Mrs. Hill, seconded by Mr. Willis , the following resolution was pro-
posed:
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 $20 , 700
is approved, both of which are to guarantee the installation
of public improvements for the development known as South-
gate by Leesburg Builders, all in accordance with the plans
approved by the Director of Engineering.
Mr. Hill said the committee discussed these plans with Mr. Chamberlin-
and something was said about a sidewalk. Mr. Chamberlin said this
has been added7is a part of the plan. If itis given final approval
by the Planning Commission next week, they expect to start within
two weeks . Mayor Rollins asked if there was anything to be waived
on this project? Mr. Chamberlin said there were improvements on Val-
ley View Avenue, Wirt Street (the unimproved section that goes by
Joe ' s auto repair shop) and some on Davis Avenue - these were waived
by the Planning Commission. Mayor Rollins thought the Council con-
sidered this before when there was a proposed project for this land.
Mr. Niccolls said the Subdivision and Land Regulations delegate to
the Planning Commission the authority to vary the requirements.
Mr. Chamberlin said there is curb, gutter and sidewalk and street
widening on Route 15, no improvements to Valley View Avenue, none
on Wirt Street and they are widening the section of Davis Avenue
involved, but no curb, gutter and sidewalk. At Mayor Rollins ' re-
quest, Mrs. Hill reiterated Mr. Chamberlin ' s remarks concerning
curb, gutter and sidewalks , adding that they expect to build town-
house
offices similar to those in Colonial Square. There followed
lengthy discussion concerning these improvements, with particular
attention to the present traffic pattern and its dangers. Mayor
Rollins asked Mr. Niccolls to look into this problem (the Highway
Department has a complete set of plans on this) . Mr. Chamberlin
repeated the improvements to be made in connection with this project.
They are sidewalk, curb and gutter on Route 15, as well as additional
paving for a deceleratian lane and entrance, an entrance onto Valley
View Ave. storm sewer, improvements to Davis Ave. (street widening) .
Discussion continued concerning sidewalks. Mr . Tolbert said he will
vote against this resolution because he wants to take a look at it.
The resolution was adopted by a vote of 6 to 1 :
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Willis
and Mayor Rollins .
Nay: Councilmember Tolbert.
On motion of Mr . Willis, seconded by Mr. Bos, the meeting was
adjourned at 8 : 55 P.M.
��-c / MayorI/
Clerk of 'he Council