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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