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HomeMy Public PortalAbout1982_01_13 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 13, 1982 . 273 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on January 13, 1982 at 7 : 30 p.m. The meeting was called to order by Mayor Pro-Tem G. Dewey Hill, Jr. , with the invocation by Mr . Tolbert, and followed with the Salute to the Flag led by Mr. Her- rell . Present were : Mayor Pro-Tem G. Dewey Hill, Jr. , Council- members Stanley D. Herrell, Jr . , Marylou Hill , John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assistant to Manager for Community Development Marc Weiss, Chief of Police James M. Kidwell and Town Attorney George M. Martin. Absent from the meeting was Councilmember Charles A. Bos . The minutes of regular meetings of November 25, 1981 and December 9, 1981 were approved as written. APPOINTMENTS : Mayor Pro-Tem Hill stated that, since Mayor Rollins has re- signed as Mayor due to his election to the House of Delegates, it is necessary that Council make appointments to fill that vacancy as well as others to complement the Council . N CD On motion of Mr. Herrell, seconded by Mr. Tolbert, Mr. Hill NI was nominated to be appointed as Mayor . There being no further nominations, Mr . Hill was unanimously appointed by roll call vote : Q Aye : Councilmembers Herrell , M. Hill, Tolbert and Willis. Q Nay: None. On motion of Mr . Herrell , seconded by Mr. Willis, Mr. Bos was nominated to be Mayor Pro-Tem. There being no further nominations, Mr. Bos was unanimously appointed by roll call vote : Aye : Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Hill . ' Nay : None. On motion of Mr. Herrell , seconded by Mr . Willis, Council voted unanimously to go into executive session to discuss personnel mat- ters : Aye: Councilmembers Herrell, M. Hill , Tolbert, Willis and Mayor Hill . Nay : None. On motion of Mrs . Hill , seconded by Mr. Tolbert, Council voted unanimously to reconvene : Aye : Councilmembers Herrell , M. Hill , Tolbert, Willis and Mayor Hill . Nay: None. On motion of Mrs. Hill , seconded by Mr. Tolbert, Glen Cole was nominated to fill the unexpired term of Mr. Hill . Mr. Hill commented that Mr. Cole has served on this Council - he is a hard worker, a good councilmember and is familiar with a lot of the projects before Council at this time. Mr. Cole was unanimously appointed by roll call vote : I/ Aye : Councilmembers Herrell , M. Hill , Tolbert, Willis and Mayor Hill. Nay: None. MANAGER' S REPORT: (1) Mr. Niccolls called attention to the Activity Report dis- tributed tonight and highlighted several items. He also reported that the independent audit prepared by Yount, Hyde and Barbour, Cer- tified Public Accountants, has been distributed to members tonight. This audit gives us an unqualified opinion on the financial state- ment of the town - this means that the town ' s statement fairly pre- sents the financial picture of the town. In addition, there was no obvious fraud. MINUTES OF JANUARY 13 , 1982 MEETING . 274 (2) Mr. Shope has prepared and distributed the Capital Proj- ects Summary for December 1981 . (3) The Lamplighter has been mailed and received by almost all residents of Leesburg and the area on our utility system. (4) The Activity Report asks that council members advise Mrs . Rosen which date is preferable for the cable television training session - February 18 or February 19 . This training session is with the Public Management Institute of George Mason University on how best to use the communications made available through cable television. After some discussion, there were several who could not be there on the 18th and 19th - it was, therefore, decided to try to secure other dates - perhaps the week before. (5) The heat is not on in this building - someone inadvertent- ly shut off the emergency circuit to the burner last Friday - there were a lot of people working in the building that day and someone hit the wrong switch. The result was that the building froze up over the week-end and the water pipes and the radiators burst. The out-of-pocket cost will be about $500 . 00 to repair it. It is hoped this will be done by next week. Mr. Hill suggested that Mr. Niccolls check with the town ' s insurance and see if there is any coverage for this. (6) Work is continuing on the second floor of this building and they are shooting for a March occupancy of the conference room and offices . COUNCILMEMBER INQUIRIES AND COMMENTS : Mrs . Hill reported that the Planning Commission forwarded the update of the Comprehensive Plan to the Council with some suggested changes in the text. Mrs . Hill also reported that the deHart rezoning on Memorial Drive was withdrawn without prejudice at the last Planning Commis- sion meeting. He can come back next month or next week. Mrs. Hill also reported that they have run into some problems at the Museum when they broke through the wall to join the two build- ings. The people at the Museum will have to worry about this . There are no gutters on the east side of the Museum building and the guttering on the Odd Fellows building is apparently in the wrong place - as a result of this , the water was running down between the buildings . When they broke through the wall, the old brick was pow- dered, so they will have to install some guttering. They put some shelves in the kitchen by the window where the termites had eaten the window sill - when they tried to nail the shelves to the wall they found the termites had eaten into the wall . They are run- ning into expenses they had not anticipated. It is coming along, but money will have to be raised to fix it up. Mayor Hill delivered to Mr. Willis the Town ' s annual donation in the amount of $10 , 000 to the Fire Department. He said the town is glad to have them and this is "pittance" for what they do. Mr. Willis said it helps . Mrs . Hill suggested that the reading of the resolutions in their entirety be foregone tonight since the building is cold. This was agreeable. 82-0-1 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP . On motion of Mrs . Hill, seconded by Mr. Herrell , the following ordinance was proposed: WHEREAS, Rezoning Application #ZM-36 by John A. Wallace, Jr. , Trustee, was referred to the Planning Commission on October 14 , 1981; and MINUTES OF JANUARY 13, 1982 MEETING. 275 WHEREAS, the Planning Commission, on November 5, 1981, held a public hearing on the application for rezoning and recom- mended approval of the request to Council ; and WHEREAS, on December 9 , 1981, the Council held a public hear- ing on the application; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The Leesburg Zoning Ordinance is amended to re- vise the Zoning District Map to change from M-1 to B-2 ap- proximately 6 , 192 square feet of land located on the south side of East Loudoun Street and bounded by the property of John A. Wallace, Jr . , Trustee on the north, properties of the Town of Leesburg on the east and south and the proper- ty of R. W. DeHart and Ruth A. Davis on the west. Mrs. Hill said the front of this property is already zoned B-2 and this will make it all B-2 . There was no objection at either the Planning Commission or Council hearings . The ordinance was unani- mously adopted : Fs- CD Aye: Councilmembers Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay : None. Q 82-0-2 - ORDINANCE - AMENDING SECTION 12 . 1-45 OF THE TOWN CODE . Q On motion of Mr. Tolbert, seconded by Mr. Willis, the following ordinance was proposed and unanimously adopted: ORDAINED by the Town Council of the Town of Leesburg in Vir- ginia as follows : SECTION I . Section 12 . 1-45 of the Town Code is amended to read as follows : Sec . 12 . 1-45 . Holidays . (a) The following will be observed as paid holidays for all Town employees not specifically exempt from this Article : --First day of January - New Year ' s Day --Third Monday in February - Presidents ' Birthday --Last Monday in May - Memorial Day --Fourth Day of July - Independence Day --First Monday in September - Labor Day --Fourth Thursday in November - Thanksgiving Day --Fourth Friday in November - Day after Thanksgiving --Afternoon of 24th of December - Christmas Eve * --Twenty-fifth day of December - Christmas Day * To be observed on the work day next preceding the observation of Christmas Day (b) Any of the above holidays falling on Saturday will be honored on the Friday preceding the Saturday on which the holiday fell. Any of the above holidays falling on Sunday will be honored on Monday immediately following the Sunday on which the holiday fell . (c) Employees required to be on duty during a holiday because of the nature of their position, emergencies or any other reason shall receive holiday pay equal to the regular hourly rate for each hour worked or compensatory time, either of which shall be in addition to their regular pay. Employ- ees required to report for duty at hours outside their regu- larly scheduled workday within the 24-hour period of the holiday shall be paid at the rate of one and one-half times regular pay or given compensatory time on that same basis. SECTION II . This ordinance shall be in effect upon its pas- sage. 276 MINUTES OF JANUARY 13 , 1982 MEETING. Aye: Councilmembers Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay : None . 82-0-3 - ORDINANCE - AMENDING SEC. 10-150 OF THE TOWN CODE. On motion of Mr. Herrell, seconded by Mrs. Hill , the follow- ing ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Sec. 10-150 of the Town Code is amended to read as follows : Sec . 10-150. Parking prohibited in specific places. (a) No person shall park a vehicle or permit it to stand, whether attended or unattended, except in compliance with the directions of a police officer or traffic-control device, in any of the following places : (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within 15 feet of a fire hydrant; (5) On a crosswalk; (6) Within 20 feet of a crosswalk at an intersection; (7) Within 30 feet upon the approach of any flashing beacon, stop sign or traffic-control signal located at the side of a roadway; (8) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by the official signs or markings; (9) Within a parking space reserved by appropriate sign for the handicapped on public property or at pri- vately owned shopping centers and business offices, unless such vehicle displays the official handi- capped motorist license plate or card; (10) Within 20 feet of the driveway entrance to any fire or rescue station and on the side of a street oppo- site the entrance to any fire or rescue station or within 75 feet of the entrance when properly sign- posted; (11) Alongside or opposite any street excavation or ob- struction when such parking would obstruct traffic; (12) On the roadway side of any vehicle parked at the edge of curb of a street; (13) Upon any bridge or other elevated structure upon a street or highway, or within a tunnel; (14) At any place where official signs prohibit parking; (15) Alongside any section or portion of a curb which is painted yellow. (b) No person other than a police officer shall move a vehicle into any such prohibited area or away from a curb such distance as is unlawful . SECTION II . This ordinance shall be in effect upon its pas- sage . MINUTES OF JANUARY 13, 1982 MEETING. 277 Mr. Niccolls said this is a clarification of this whole section on parking to put our ordinance in conformity with the State law on this same subject. The ordinance was unanimously adopted: Aye: Councilmembers Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. 82-0-4 - ORDINANCE - AMENDING SEC. 10-165 OF THE TOWN CODE. On motion of Mrs. Hill , seconded by Mr. Herrell, the following ordinance was proposed : IIORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Sec . 10-165 of the Town Code is amended to read as follows : Sec . 10-165 . Residential permit parking. (a) The Council may, from time to time by resolution, designate streets or portions of streets to require that all O parking shall be restricted to the holders of permits. In Cr such cases the manager shall cause appropriate signs giving notice of such restrictions to be posted on those streets so —) designated. Permits shall be granted to persons who reside Q on the street which has been so designated by the council. a Residents may receive two additional permits to distribute to visitors for a period not to exceed 30 days . (b) The parking prohibitions of this section shall not apply to medical, service or delivery vehicles which are be- ing used to provide services or deliveries to dwellings on the restricted street. (c) Application for a permit required by this section shall be filed with the department of finance on forms pro- vided for that purpose and accompanied by a fee of $8 . 00 for each permit requested. Permits issued under subsection 10-165 (a) shall be valid for a period of one year and may be renewed for additional one-year terms upon payment of the $8 . 00 fee, provided the conditions for issuance still exist. Permit decals, to be provided by the town, shall be displayed on the rear window of the vehicle for which it has been issued. (d) Except as otherwise provided herein, it shall be unlawful for any person to park any vehicle Monday through Friday between the hours of 9 : 00 a.m. and 4 : 00 p.m. each day on any street so designated for residential permit park- ing only, without the display of a permit in accordance with this section. SECTION II . This ordinance shall be in effect upon its pas- sage. Mrs. Hill explained that this is a suggested change by the Police De- partment because they were having trouble enforcing the ordinance. Police were marking tires and those parked in the area would go out and move their cars just a foot, which would change the police mark- ing. In this way, they could beat the two-hour parking limit. Mrs. Lois Armstrong said she had witnessed this changing around of cars. On bad days, the regulations were not enforced and the residents would end up parking over on Exeter Square. It would be most help- ful if something could be done about this situation. Mrs. Hill said this ordinance would allow the giving of one visitor parking pass to each resident. Miss Nancy Etacrield said the present system has been pretty good, however, she had no place to park when she came from the grocery store the other day. Mr. Herrell asked where these people are parking? He was aware that parking is a problem MINUTES OF JANUARY 13 , 1982 MEETING . s in many areas of town and he is opposed to residential permit park- ing because it will sooner or later lead to the same thing all over the town. He could not support visitor parking stickers . Mrs. Hill felt that, if the residents around the business area have no place to park, these people will move out of this area - she would rather see parking permits for a block all the way around the busi- ness area. Mr. Herrell felt this would just lead from one block to another - no-one would be happy having it stop in their block - they would want it to go further. Mrs. Hill said one of the charm- ing points about Leesburg is that we have this "mix" - taking the parking away would make these people move out of the downtown area. Discussion continued, with Mrs . Hill for this parking and Mr. Her- rell against it, particularly the guest parking permits. Mrs. Hill was under the impression that the ordinance would specify only one additional permit for guests. On motion of Mrs. Hill , seconded by Mr. Tolbert, the last sentence of Paragraph (a) was amended to read "Residents may receive one additional permit to distribute to visi- tors for a period not to exceed 30 days . " The vote on this amend- ment was unanimous : Aye : Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. • The ordinance, as amended, was adopted by a vote of 4 to 1, with Paragraph (a) reading as follows : (a) The Council may, from time to time by resolution, desig- nate streets or portions of streets to require that all parking shall be restricted to the holders of permits. In such cases the manager shall cause appropriate signs giving notice of such restrictions to be posted on those streets so designated. Permits shall be granted to persons who reside on the street which has been so designated by the council . Residents may receive bne additional permit to distribute to visitors for a period not to exceed 30 days. Aye : Councilmembers M. Hill, Tolbert, Willis and Mayor Hill. Nay: Councilmember Herrell. Mayor Hill pointed out that the main thrust to the residents of Corn- wall Street is that others may not park there between 9 : 00 a.m. and 4 : 00 p.m. Monday through Friday. Council agreed that a proposed ordinance concerning Disposition of Inoperable Abandoned Vehicles be tabled until Mr . Bos can be pres- ent. 82-1 - RESOLUTION - AUTHORIZING A CONTRACT WITH BETZ-CONVERSE- MURDOCH, CONSULTING ENGINEERS, FOR ENGINEER- ING SERVICES FOR WASTEWATER FACILITIES IM- PROVEMENTS AND MAKING AN APPROPRIATION. On motion of Mr . Herrell , seconded by Mrs. Hill, the following resolution was proposed: WHEREAS, the Environmental Protection Agency and the State Water Control Board have reviewed and approved the town ' s Wastewater Management Facilities Plan and approved a STEP II design grant in the amount of $364 , 000 ; and WHEREAS, 75 percent of the $364 , 000 grant amount will be reimbursed by EPA and the State Water Control Board; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized and directed to enter into a contract with Betz-Converse-Murdoch, Inc . , Consulting Engineers, Vienna, Virginia 22180 for engineering services for design of wastewater facilities, as described in the Waste- water Management Facilities Plan, approved by this council on August 26 , 1981 in an amount not to exceed $393 , 830 . MINUTES OF JANUARY 13 , 1982 MEETING. 279 SECTION II . The manager is authorized and directed to make application for a STEP II grant amendment which will increase the design grant amount to $380 , 130 . SECTION III . An appropriation is made from the Utility Fund to Account No. 5300 . 721 in the amount of $200, 000 for the fiscal year ending June 30, 1982 . Mr. Niccolls explained that this is the design services contract for upgrading and expanding the Leesburg sewage treatment facility from 1. 3 mgd capacity to 2 . 5 mgd capacity - it is a contract for $393 , 830, of which 69 percent is to .be paid from available and ' awarded Federal Grant for the purpose. The town ' s share is then only about. $130 , 000 . These funds have been budgeted for the fis- cal year 1982 budget. This is the planned upgrading and expansion we have been working on for six years - it is an important step toward the completion of these facilities. The contract was origi- nally proposed by BCM at a price about $36 , 000 higher than this. They have been negotiating with the engineer over the past two or three months on the price and have now arrived at a figure which he believes is the lowest they will get from BCM. They recommend award of this contract. The resolution was unanimously adopted: N Q Aye : Councilmembers Herrell, M. Hill, Tolbert, Willis and T Mayor Hill. 7 Nay : None. Q 82-2 - RESOLUTION - AUTHORIZING A CONTRACT FOR SANITARY SEWER FLOW Q MONITORING PROGRAM AND MAKING AN APPROPRIATION. On motion of Mr. Herrell, seconded by Mr. Tolbert, the follow- ing resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized and directed to enter into a contract with PSG, Incorporated of Forestville, Md. for a flow monitoring program for the sanitary sewers in Leesburg in accordance with PSG ' s proposal dated December 14 , 1981 at a cost not to exceed $26, 600 . SECTION II . An appropriation is made from the Utility Fund to Account No. 5100 . 716 in the amount of $26, 600 for the fiscal year ending June 30 , 1982 . Mr. Willis said the Public Works Committee was shown a film on rodding the sewer system by a representative of this company. He felt they earned their money in doing just Loudoun Street where they found two water leaks amounting to 70 to 80 , 000 gpd. It was very interesting and he felt they justified their. existence. Mayor Hill said under this contract they will be evaluating our system again and will come up with mini or major systems we should check on a priority system. The committee felt we have done a lot of work on this line and now is the time to have it checked. He was very much impressed with the film - some of the water came out in a stream almost as big as your fist and this was clear water. He understands that clear water is the hardest to treat when it goes into the sanitary sewer. All we can get out of our lines is to our advantage and will help keep the cost down. The resolution was unanimously adopted: Aye : Councilmembers Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. 82-3 - RESOLUTION - AUTHORIZING CONSULTANT SERVICES FOR A TUSCARORA CREEK FEASIBILITY STUDY AND MAKING AN APPRO- PRIATION. On motion of Mrs. Hill, seconded by Mr . Willis, the follow- ing resolution was proposed: MINUTES OF JANUARY 13 , 1982 MEETING. 280 WHEREAS, on October 14 , 1981 Council in Resolution No. 81-134 accepted the offer of Virginia Village Associates to establish an escrow account in the amount of $21, 000 with the town for future work related to Tuscarora Creek in return for the town ' s waiver of the requirement for the developer of part of Parcel M, Section 1, Virginia Village to construct chan- nel improvements to Tuscarora Creek; and WHEREAS, Council in Resolution No. 81-134 directed the mana- ger to secure engineering consulting services to review the existing plan for channel improvements to Tuscarora Creek and study and design alternatives at a cost not to exceed $5, 000; such funds for the review and design to be provided by the escrow account established by Virginia Village Asso- ciates; and WHEREAS, an appropriation was made from the General Fund to Account No. 3401. 300 in the amount of $5, 000. NOW, THEREFORE, RESOLVED by the Council of the Town of Lees- burg in Virginia as follows : SECTION I . The manager is authorized and directed to enter into a contract with PRC Toups Corporation of McLean, Vir- ginia for consultant services for a Tuscarora Creek Feasi- bility Study as outlined in their proposal dated December 30, 1981 at a cost not to exceed $7 , 394 . SECTION II . A supplemental appropriation is made from the General Fund to Account No. 3401. 300 in the amount of $2 , 394 . Mr. Niccolls explained that the general purpose of these engineer- ing services is to determine what improvements are required on Tus- carora Creek to reduce the flood hazard, particularly to those homes in the Brandon townhouse area. This is basically restudying the work planned three years ago as part of the large tract fronting on Catoctin Circle. After resident opposition and another look at the problem, they have decided it is best to look at some alterna- tives besides the general widening of the stream. These funds are coming from a cash deposit of $21 , 000 posted by the developer of that tract, so there is no immediate outlay of town funds. How- ever, if the study recommends work which Council later authorizes, it may exceed the remaining balance of the $21 , 000 . The object is to find some minimal improvements that will do the least environ- mental damage in the area and satisfy the goal of reducing flooding. $5, 000 was already appropriated and that ' s why the new appropria- tion is only $2 , 394 . Mr. Herrell asked where this $21, 000 would have gone if this study were not approved? Mr. Niccolls explained that this was part of the settlement of their obligations - in ex- change for releasing their contract to us to do this stream widen- ing, they would give the town the $21 , 000 to do the studies and what- ever they decide, Mr. Niccolls said we have spent about $2 , 100 last year - this same firm tested the calculations made by the developer ' s engineer. There was a dispute the last time as to whether this engi- neer ' s calculations were an accurate representation of what would oc- cur in the stream after this work. A computer report of stream flows said these calculations were reasonable. Everybody thought the plan for widening the channel through Brandon was a good one - this in- cluded the Brandon residents. They were not cognizant of environ- mental damage. Technically, it is a solution. Now they are trying to find out what work could be done further downstream that would mitigate the loss of vegetation. Mayor Hill said the public works committee discussed the fact that perhaps there were some minimal things they could do (maybe with town forces) that would have a great impact, rather than going in there with a tremendous all-pur- pose contract to completely rehabilitate the stream. Mr . Herrell said these people know we don ' t want the trees down. If we go in there and spend a lot of money fixing the stream and they keep build- ing upstream and flood it again, then we would have to go back in and tear it up and start all over again. This was supposed to have solved the whole problem. Perhaps we should get a different engi- neer that knows nothing about the problem. Mr. Niccolls said Toups didn ' t design the improvements - they didn ' t study them or suggest them - all they did was verify the developer ' s engineers ' calcula- MINUTES OF JANUARY 13, 1982 MEETING. tions. Mr. Shope has scoped out a different study this time for281 these people, which is to look at this stream in its entirety be- tween Harrison Street and Sycolin Road bridge and see what the size of this widening could be to meet the goal of preventive flood- ing, taking into account future growth. The Tuscarora Creek water- shed has also been changed since the last work - we have completed the work in the Town Branch area - we are not repeating any work that was done before. Mr. Herrell asked if they are going into this with the main idea being to control the flooding, or are they going to do a little something and make it look pretty? Mr. Niccolls said they have been charged with the responsibility of suggesting alterna- tive ways of accommodating the stream flows anticipated and, at the same time, preserving as much of the existing national environment as can be. One of their alternatives will be the Corps of Engineers style design, which is just a big wide ditch - clear the trees and ditch it. This would be a base line they could compare all the other alternatives to. They will be telling us if we don ' t do "X, Y, Z" we will be increasing the flood hazard a certain percentage. It will be Council ' s decision, based on this information, as to what extent you want to do the work. Do you want to do a Corps of Engi- neers ' style project or are you willing to live with a slightly higher flood hazard in exchange for preserving some environmental values? Mr . Herrell said environment is fine until they get water O in their basements. He hoped they would give us some guarantee that whatever they suggest will take care of the flooding problem. Mr . Niccolls said they will tell us the limits of their design recom- mendations . Mayor Hill felt anything we do should improve the con- A ditions already there. The resolution was unanimously adopted: Q Aye: Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. 82-4 - RESOLUTION - AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES FOR DESIGN OF KING STREET IMPROVEMENTS AND MAKING AN APPROPRIATION. On motion of Mrs . Hill, seconded by Mr. Willis, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized and directed to enter into a contract on behalf of the town with Dewberry & Davis Consulting Engineers, Fairfax, Virginia for design services for the King Street Rehabilitation Project. The terms of the contract shall be in accordance with Proposal No. 5525 as submitted by Dewberry & Davis dated November 24 , 1981 and revised in the town ' s letter dated December 23 , 1981 . Charges for services will not exceed $9 , 600 . SECTION II . An appropriation is made from the General Fund to Account No. 4102 . 301, Engineering - King Street Recon- struction, in the amount of $9 , 600 for the fiscal year end- ing June 30 , 1982 . Mr. Willis asked if this includes the half block between Cornwall and North Streets? Mr. Niccolls said it does . Mr. Niccolls explained that this is the survey and soils work required for the curb and gutter and street cross-section that will be built between Cornwall and Loudoun Streets, including the brick sidewalk. In some ways, this will be an easier job than last year ' s - part of the street has al- ready been worked on between the Market Street intersection and the alley that runs,.,down past the Bank. Mayor Hill explained that this originally stopped at Cornwall Street - the Utility Committee felt it should go about half way between Cornwall and North Streets be- cause of the high crown there. The resolution was unanimously adopted : Aye: ,..Councilmembers Herrell, M. Hill , Tolbert, Willis and Mayor Hill . Nay: None. 82 MINUTES OF JANUARY 13 , 1982 MEETING. 82-5 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF WATERFORD INVESTMENTS FOR REVISION OF ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11 , TITLE 15. 1 OF THE CODE OF VIRGINIA AS AMENDED On motion of Mrs. Hill, seconded by Mr . Willis, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The application of Waterford Investments for revision of the zoning district map, assigned No. ZM-38 , is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15 . 1 of the 1950 Code of Virginia, as amended. Mrs. Hill explained that this is a proposed rezoning from residential to business of property on Old Waterford Road across from the old elementary school . The resolution was unanimously adopted: Aye: Councilmembers Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay : None. 82-6 - RESOLUTION - AUTHORIZING A PARADE PERMIT. 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 in Virginia as follows : SECTION I . The manager is authorized to issue a permit under Section 10-13 of the Town Code to the Auxiliary Board of the Loudoun Memorial Hospital for a runners ' marathon to be conducted on May 15, 1982 and is further authorized to close Loudoun, Ayr, Market, Wirt and Corn- wall Streets, Memorial Drive and other streets as neces- sary for the event. SECTION II . The permit may contain reasonable and appro- priate conditions as determined necessary by the manager and shall require the town to be named as an additional insured under a $500 , 000 public liability insurance policy secured by the Auxiliary Board of the Loudoun Memorial Hos- pital. Aye: Councilmembers Herrell , M. Hill, Tolbert, Willis and Mayor Hill . Nay: None. 82-7 - RESOLUTION - MAKING APPROPRIATIONS FROM THE GENERAL FUND FOR FISCAL YEAR 1982 . On motion of Mr. Willis, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : Appropriations are made from the General Fund to the follow- ing accounts for the fiscal year ending June 30 , 1982 : Account No. Appropriation 1101 . 700 Committee Room Renovation $19 , 000. 00 1214 . 102 Contractual Services 1 , 000 . 00 Aye : Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. MINUTES OF JANUARY 13 , 1982 MEETING. 283 Mrs. Hill called to the Mayor ' s attention that there are people in the audience who thought Mr. Niccolls would give a re- port on the Chewning property at 150 South King Street. Mr . Nic- colls said this matter is still under consideration for potential legal action - he would like to wait until Mr. Martin has a chance to review the information provided and a decision has been reached. He will then send a letter to those people who signed the petition to let them know the town ' s decision. Mayor Hill hoped Council would make this decision. Mr. Niccolls did not plan to do this - the administration of the Zoning Ordinance is vested in the Zoning Administrator. Involvement of the Council in making decisions in law enforcement actions exposes them to legal liabilities they shouldn ' t care to get into - Mr. Martin has advised against such action in the past. Making decisions as to whether or not to put someone into criminal action jeopardy should be done by an administrative officer rather than by the Council. This is a pro- cedural question and has come up periodically. He will keep Coun- cil advised of the decision. Mayor Hill asked that they go into executive session at their next meeting to discuss this - he would like to know the decision before the public receives it. There was further discussion concerning whether or not the Council should be involved, with Mr. Niccolls saying he would like Mr. Martin to give a written recommendation on this to Council . Mr. Herrell felt O it is Council ' s responsibility to make the laws - the Town staff should carry out the laws they have set down. He did not really Cr want to know his decision on this - he didn ' t really want to be 7 involved in the enforcement of this. Mr. Niccolls said there are no problems in advising Council of the decision reached in such a Q matter before advising the petitioners . Mr. Forbes conducted the investigation (he advised the residents that this would be done) , he has been consulting with the Town Attorney on the result of that investigation, they have continued gathering additional in- formation pertinent to the alleged violations and they are now taking this matter back to the Town Attorney for his decision as to whether it is right for action or whether it is moot. He would then announce it to the residents, but he will announce it to Council first. It is imminent. 82-8 - RESOLUTION - ENDORSING KEEP LOUDOUN BEAUTIFUL' S ANNUAL • SPRING CLEAN-UP . On motion of Mr. Herrell, seconded by Mrs. Hill , the following resolution was proposed : WHEREAS, Leesburg is blessed with unusual natural beauty; and WHEREAS, past efforts by many individuals and organizations have contributed to keeping this beauty unspoiled; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The Leesburg Town Council hereby declares April 2 through April 19 , 1982 as Spring Clean-up Weeks. SECTION II . The Leesburg Town Council urges all families, businesses, organizations, clubs and groups, governmental as well as private, to cooperate with Keep Loudoun Beauti- ful in this worthy effort to benefit the Town of Leesburg. Mr. Tolbert said he was asked to bring this before Council from their annual meeting last week. The resolution was unanimously adopted: Aye : Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Hill. Nay: None. 82-9 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDI- NANCE TO REVISE SECTION 1-3 , ANNEXATIONS . Mr . Niccolls advised councilmembers that Section 1-3 of the Leesburg Zoning Ordinance puts all newly annexed territory di- rectly into an R-1 zoning district. This was the case and part of MINUTES OF JANUARY 13 , 1982 MEETING . 284 the problem with the McKimmey annexation (Carrvale) . This posed some practical difficulties, such as ongoing .projects :in ;the annexed area might be interrupted-if they were multi-family or com- mercial projects, they would suddenly be in R-1 zoning. It might affect the marketability of lands immediately upon annexation. The automatic R-1 classification puts Council and the Planning Com- mission under pressure to resolve these problems rather quickly, when you might want to take a longer view for studying the rezon- ing possibilities. The solution he is proposing is to amend Sec- tion 1-3 to adopt the Loudoun County Zoning Ordinance by reference, making it a part of our Zoning Ordinance, but only applicable to newly annexed territory. These properties would retain the same zoning categories they had in Loudoun County under this ordinance amendment. There are several distinct advantages to this kind of plan: (1) It would maintain the owners ' rights; (2) It would be equitable to the town; (3) Planned developments can proceed without delay under their existing zoning while a new plan is studied; (4) It would help premature conversion of land by people rushing in and starting subdivisions . From an annexation procedure point of view this plan eliminates a lot of opposition from the property owners - it would help the County understand what our true plans are in the event that we get into an annexation situation. So this is another technical amend- ment of the Zoning Ordinance that he is suggesting be initiated. The procedure is that the Council can adopt a resolution initiating an amendment and sending it to the Planning Commission for study and getting it underway. The suggestion is that they try something a little different in this case alone - they would set the public hearing tonight for February 10 as a joint hearing with the Plan- ning Commission. This would give a very rapid decision by both parties. Mr . Herrell felt this a good idea. Mrs. Hill felt this would solve the confusion and misinformation. Mr . Niccolls said Mr. Martin has reviewed this matter and Marc has talked to both Harrisonburg and Fredericksburg - Harrisonburg was going to do something similar. There was no objection to considering this mat- ter tonight. On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted : WHEREAS, the Leesburg Zoning Ordinance does not adequately provide regulations for all of the uses and conditions which may exist in a newly annexed territory; and WHEREAS , the temporary application of the zoning Ordinance is permitted by Section 15 . 1-491 (b) of the Code of Virginia; and WHEREAS, it is in the best interest of both the town and any newly annexed areas to temporarily continue the regulations and zoning district designations of the Zoning Ordinance of Loudoun County until the town revises its plan to accommo- date newly annexed areas and amends its zoning ordinance appropriately; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . An amendment of the Leesburg Zoning Ordinance is hereby initiated to revise Section 1-3 , Annexations, to read as follows : Sec . 1-3 Unzoned Property and Annexations. (a) In case any property has not been included specifically within one district or another, such property shall be classi- fied automatically in the "R-1" district until reclassified. (b) The Zoning Ordinance of Loudoun County, as effective on the date this section is adopted, is made a part of this MINUTES OF JANUARY 13 , 1982 MEETING. ordinance by reference as if fully set out herein to pro- vide O temporary zoning regulations applicable only to prop- erty which may be annexed or otherwise added to the in- corporated area of the town pending the orderly amendment of the Leesburg Zoning Ordinance following such annexation or addition. All property annexed or otherwise added to the incorporated area of the town shall be automatically classified in the same zoning district as the property was classified under the Zoning Ordinance of Loudoun County as adopted herein and shall be governed by the provisions of the Zoning Ordinance of Loudoun County, including any exist- ing proffered conditions . Whenever reference is made to a particular officer, department, board, commission or other agency in the Zoning Ordinance of Loudoun County adopted herein, such reference shall be construed as referring to the comparable officer, department, board, commission or other agency of the town. Any amendments of the Loudoun County Zoning Ordinance between the effective date of this section and the effective date of any annexation shall be considered by the Planning Commission for adoption by refer- ence herein. SECTION II . A public hearing at which persons affected by O the zoning ordinance amendment proposed above may appear CT and present their views shall be held beginning at 7 : 30 P.M. , or as soon thereafter as the matter may be reached, Wednesday, February 10 , 1982 and, in line with Section Q 15 . 1-431 of the Code of Virginia, this hearing shall be a Q joint public hearing of both Planning Commission and Coun- cil . The Clerk shall give notice of this hearing on Janu- ary 21 and January 28 , 1982 . Aye : Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Hill . Nay : None. On motion of Mr. Tolbert, seconded by Mr. Herrell, the meet- ing was adjourned at 9 : 00 p.m. Ma G� Clerk of e Council