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HomeMy Public PortalAbout1983_05_11 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS ON ZONING ORDINANCE AMENDMENTS AND UNIFORM REAL PROP- 2 33 ERTY NUMBERING PLAN, MAY 11, 1983 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on May 11, 1983 at 7 : 30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invocation, and followed with the Salute to the Flag led by Fire Chief Robert Zoldos (in the audience) . Present were : Mayor Robert E. Sevila, Councilmembers Charles A. Bos , Edgar L. Coffey, Jr . , Marylou Hill , John W. Tol- bert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Nic- colls , Deputy Manager Jeffrey H. Minor, Assistant Manager for Com- munity. .Devel'opment Marc Weiss and Town Attorney George N .. Martin. CouncilmemberReginald K. Gheen joined the meeting later in the evening. PETITIONERS : Mayor Sevila introduced Mr. Roger Etienne, Democratic candidate for Sheriff of Loudoun County. Mr. Etienne said there are problems within the Sheriff ' s Department and the new sheriff must be a per- son who will see into these problems. There needs to be designa- tion of authority and the public wants to see more of the County in person. His goal is primarily to increase public relations through OD the Police Department and to create an effective and honest de- NT partment so the people can trust the police - better public rela- O tions and better police service. m PUBLIC HEARING ON ZONING ORDINANCE AMENDMENTS : m Q Mrs. Hill explained that this is the second part of a two-part zoning change. Section 3A-3 (b) says zoning lots shall be at least 75 feet wide for detached single-family dwellings and 37 . 5 feet wide for each unit of a two-family attached dwelling. Section 3A-3 (e) says side yards shall be at least 10 feet wide, except that side yards are not required between deuplex units at the party wall. Basically, this is to allow a duplex lot to be split down the middle so each family can own its own half of the lot. The Planning Commission recommended this unanimously. There was no-one to speak for or against these amendments . The Mayor declared the hearing closed and deferred action until the next regular Council meeting. PUBLIC HEARING ON UNIFORM REAL PROPERTY NUMBERING PLAN: Mr. Niccolls explained that, in the recent past, Council con- sidered a renumbering plan similar to this and, at the request of councilmembers, the matter was restudied by the staff and another proposal prepared. Mr. Weiss explained that the revised plan is basically being proposed to correct some defects in the existing system. When the earlier system was implemented, some property owners refused to change numbers; numbers had to be assigned out of sequence for a townhouse project on Dry Mill Road and there is a classic example of this on Fort Evans Road, where numbers were assigned to an apart- ment project, thereby not leaving sufficient numbers to be assigned for a new development next door and other numbers assigned out of sequence further down the block. There are a number of objectives for the system, including eliminatim of delays and difficulties for emergency vehicles, increasing efficiency of mail delivery, reducing traffic accidents caused by searching for numbers, providing greater convenience to visitors, decreasing difficulty in maintaining legal documents, providing for orderly growth and decreasing difficulties faced by public and private utilities. There have been in the past and probably will continue to be major objections to a change of this kind - nobody will deny it will be an inconvenience to change mailing addresses (there will be a cost involved in changing sta- tionery and checks) and that there is psychological discomfort in- volved in changing a number that has been in existence for a long period of time. This system should be simple, logical and easy to understand - it should be flexible and able to accommodate growth, particularly in the annexation area, it should be uniform, expand- able and the location of buildings and streets should be easily found. The plan calls for establishment of base lines along King MINUTES OF MAY 11 , 1983 MEETING. 234 and Market Streets and divides the town into four quadrants - north- west, northeast, southeast and southwest. Properties will have an address and quadrant designation. The initial plan proposes start- ing with the 100 block and going out from that, based on a 100-unit system. Primarily, it leaves the even and odd numbers on the sides they are on now and the numbering system will start at the base point (the intersection of Market and King Streets) with unit num- bers in the first block and then the second block will begin the 100 numbers, etc . There will be some cost involved in implement- ing the change - some temporary additional manpower to implement the system and replacing street signs with new ones. There would be 12 months after adoption of this ordinance for people to actually chang their address . Under this proposal, the town would be sending an informational packet to each resident. Mayor Sevila said the chief proponent of this renumbering syste is the fire and rescue service in the County. Mr. Zoldos has sent a letter dated February 23rd concerning this and is here to speak to- night. Mr. Robert Zoldos, Fire Chief, said their business is saving lives and property and they feel it is imperative that the Council act to change the street numbering system. It is very difficult to determine where a property is located unless they have a working knowledge of the street - the numbers are inconsistent. He cited several streets - Valley View Avenue, Catoctin Circle, Royal Street, Ayr Street, Wirt Street and Fort Evans Road where this is true. They realize there is cost involved with businesses and citizens, but believe if this problem is not addressed now it will get larger and more expensive to everybody. Purcellvil]e did this recently and came out very well - they had excellent cooperation from the citizens. They ask that this be done to help them expedite getting to the peo- ple who need them. Mr. Bos asked if he could hazard a guess as to how response time might be improved if this is done in the case of a major fire where outside companies would be coming in? Mr. Zol- dos said it would be improved considerably because they could pro- vide them street maps - they could go to this map and pinpoint the position. A letter from Mr. John D. Webb, Chief of the Loudoun County Rescue Squad, dated February 23rd, supporting the renumbering sys- tem was read into the record. Mayor Sevila asked that the letter from Fire Chief Zoldos also be made a part of the record of this meeting. Mr. Bill Stout, of 153 Mosby Drive, said he is aware of the recom- mendations given for changing the street numbering system and feels there is some validity to this , however, this has to be balanced against other considerations. You have to give out changes to maga- zines, have letterheads and_checks`reprinted and they-e_is... _ a lot of confusion - you never get through. For what purpose? Is it that much of a problem to find address in Leesburg? He personally has doubts about this - what are we trying to correct? We are throw- ing confusion into a system that is working. He cited what he con- siders a wise maxim - "If it ain ' t broke, don 't fix it. " What is broke? Miss Patsy Tavenner, of 30 West Loudoun Street, was also op- posed to this renumbering. She did not see a valid point and felt it is a very expensive one for everybody in town, for the business people and for the town. New street signs will have to be put up and a lot of literature sent out - a lot of people don' t understand it even then. This is a hardship on older people who can ' t see, hear or write or who have arthritis and those on a fixed income. The Fire Department and Rescue Squad do a tremendous job (as do their wives) and get very little credit, but we have lost our priori- ties. If we were to have a big fire or a really bad bus accident, there are not enough volunteers who work here to take care of it. Most of the problems are in the new developments - very few are in the old part of Leesburg. If there are problems with certain streets, then let ' s rename them and give them new numbers , but don ' t do the whole town. We don ' t know the difference in north, south, east and west now. It will create a hardship on a lot of senior citizens. It will create a problem for the Chamber of Commerce and the Museum Guided Tours. We are playing games. MINUTES OF MAY 11, 1983 MEETING . Mayor Sevila closed the public hearing. As to Miss Tavenner s5 comments concerning the old area as opposed to the new area, some changes have been made that would preserve some of the old system in the downtown area. It is not possible to save them all and have a uniform system. As to Mr. Stout ' s comments concerning magazines, etc. - in essence, it is much like changing residences. The one ad- vantage is that we have been assured by the postal service that they will cooperate with us during that first year - they will continue to deliver mail to both addresses . Most people don ' t have more than a year ' s supply of stationery around anyway. He deferred this mat- ter to the next regular meeting for Council action. PETITIONER: Mr. Benjamin McDonald, of 114 Valley View Avenue, addressed Council concerning street maintenance, with particular attention to the parking area in front of his residence. When the town put in the road, they left curbing approximately one foot deep and, every time it rains, the gravel goes down by the old Hirst Lumber Company. He pulled all the gravel out of the ditch and put it back so they can park decently. The town came today and put in about 20 shovels full. He wondered why we spend so much on flood control in town, yet they 00 can ' t get anything done to this parking area . The town says it does T not own this street, yet today they sent six men to paint lines across O the bicycle path (three of theadoing the work and three standing around) . He has tried to get a copy of the town ordinance, but has OD been unable to get it. Why can ' t they get this road leveled down 00 so they have adequate parking? Why does the town maintain the ditch Q through the County ' s bicycle path - that should be done with County taxpayers ' money? Mayor Sevila said all ordinances in the Town Code are available in the town offices for inspection and perusal at any time. He referred this matter to Mr. Niccolls to make a report on this situation. COUNCILMEMBERS ' COMMENTS : Mr. Bos reported that the Economic Development Advisory Commit- tee met this morning and went through a number of items. There is ongoing work on the marketing and tourism brochures . They began work this morning on a survey form for local businesses to query them on their perception of economic development opportunities in town and what the town might be able to do to encourage existing businesses to expand. The EDAC considers fostering local businesses just as important as getting new businesses. This survey should be done in a couple of months. Council will get a copy of the form just as soon as it has been developed by the committee. There has been some dis- cussion of a marketing program for next year - marketing Leesburg as a decent place to live and locate a business is one of the top three priorities. We have made a good start on one of the other goals - the East Market Street study. The committee wants to reassess what it has done so far and see what their strategies should be for next year. There is an amount of about $8 , 000 in this year ' s budget, which was an arbitrary amount for this marketing program - the com- mittee wants to find out what it can do within that budget and try it for a year - then come back with some long-range suggestions. It is difficult to estimate the cost because there are so many things you can do. One of the things they will probably be doing is working out some cooperative efforts with the county - get some more exposure for our money, rather than trying a separate program. I/ Mrs . Hill reported that they are working on the bathrooms at the museum - they poured the concrete floor today. Mrs . Hill also reported that Bernard Carlton came before the Planning Commission last week, requesting a waiver of public im- provements for the extension of his building behind 45 South King Street. This building will face South Street and will be between the Catoctin Family Practice Building and the oil company - neither of these buildings have any public improvements. The Planning Com- mission unanimously voted to waive these improvements . He will blacktop the driveway. Mr. Gheen joined the meeting at 8 : 25 p.m. MINUTES OF MAY 11 , 1983 MEETING. 236 Mr. Coffey reported on the Planning Task Force meetings. Its purpose is to help the town staff, the Planning Commission and the Council prepare a Town Plan for Leesburg . The974r.7,Plan needs to be rewritten or updated to take into consideratti f}/W] aP the town the past few years and the impending annexation. There have been two meetings, working a good half day each time on it. They have received a briefing on what the planning process is all about and were asked to provide input to formulate a list of issues and oppor- tunities on what should be addressed . Everyone in attendance con- tributed to that list. The town staff then broke this list down into several categories so they can deal with it : (1) environment - natural and historic resources; (2) people, housing and community development; (3) jobs; (4) land use and urban design; (5) public facilities and utilities; (6) transportation. The leaders then asked the Task Force to put in priority each item under these cate- gories - this was done by individual ballot, whereby everyone had input into the process . They then went into review of existing con- ditions involving some of these categories, with these conditions be- ing based on some historical and other data provided by the staff. They will continue this review on May 21st - the objective being to wrap this up in about six months or a little less . They want to be careful not to overlook anything and to consider everything. This is basically where they are now. Mr. Tolbert reported that the Airport Commission met last Thurs- day night, with Mr. Minor briefing them on the resolutions before Council tonight. After lengthy discussion, the Commission endorsed these resolutions and hopes Council will do likewise. He called at- tention to the schedule concerning the airport improvements . Mr. Gheen commented on the budget workshop held last night - he felt it was a very good (and long) session and another will be held next week. He urged all citizens of the town who have the time to study the budget - it is a very important document and, in view of annexation, there are many new things that the town will be confronted with that will have to be addressed. There are bound to be some dis- agreements and conflicts, however, he believes the council, the staff and the committees can work to the best interest of everybody in Leesburg. It is impossible to enlighten the public to everything that is going on and they could do this themselves - this would be an effort to help Council make some of the decisions in the future. Mayor Sevila agreed with this. We consider the adoption of the bud- get the single-most important thing we do each year. It contains not only how we intend to spend the taxpayers ' money, but it con- tains many policy statements on the way council hopes it is direct- ing the town - we can do a better job if we have input from the citi- zens. MAYOR' S REPORT: Mayor Sevila said he welcomed Roy Rogers to town last Saturday - he was a gracious guest and put on quite a program for the town. He entertained about 4 , 000 of our citizens in fine style. He brought to Mr. Niccolls ' attention a parking problem on North Wirt Street. He thanked councilmembers for their excellent reports tonight. MANAGER' S REPORT: Mr. Niccolls called attention to the written Activity Report delivered on Monday. He reminded Council that the dedication ceremony and open house is scheduled at the new Water Treatment Plant for Saturday, June 25th. It is hoped there will be opportunity for interested citizens to par- ticipate in tours that will be conducted by Plant personnel and then perhaps have some refreshments . 83-0-15 - ORDINANCE - AMENDING SECTION 4-19 OF THE TOWN CODE. On motion of Mrs . Hill, seconded by Mr. Willis, the following ordinance was proposed : MINUTES OF MAY 11, 1983 MEETING. 237 ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 4-19 of the Town Code is amended to read as follows : Sec . 4-19 . Running at large. A dog ' s owner or custodian shall not permit it to run at large, roam or self-hunt in the town off the property of the owner or custodian while not under the owner ' s or custodian' s immediate control. SECTION II . This ordinance shall be effective on its passage. Mrs. Hill wondered if the effective date should be delayed in order to get word out that this ordinance has been changed. Mayor Sevila didn 't feel we have made anything illegal that wasn ' t already il- legal - this is designed primarily to include the custodian of the dog, but to proscribe the same activities and to make this ordinance a bit more enforceable. Mr. Martin said they tried to accomplish this - it follows the language of the Code substantially. Mayor 00 Sevila said it places limitations on the same activities as origi- CT nally contained in the ordinance adopted in 1978 , so he didn' t feel O a great deal of notice is required. The ordinance was unanimously m adopted: OD Aye : Councilmembers Bos, Coffey, Gheen, Hill , Tolbert, Willis Q and Mayor Sevila. Nay : None. 83-59 - RESOLUTION - REQUESTING THE STATE OF VIRGINIA TO HONOR LEES- BURG' S HUD-ISSUED MULTI-YEAR COMMUNITY DEVELOP- MENT BLOCK GRANT. On motion of Mr. Tolbert, seconded by Mrs. Hill , the following resolution was proposed : WHEREAS, the Commonwealth of Virginia has responsibility for administering the small cities community development block grant program; and WHEREAS , the Town of Leesburg was awarded a community develop- ment block grant on June 21, 1981 on a three-year basis--1981 : $450 , 000 ; 1982 : $450 , 000 and 1983 : $450 , 000--for the South Harrison Street Community Development project; and WHEREAS , the Town of Leesburg is actively implementing this project : THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows : The Commonwealth of Virginia is requested to honor the HUD multi-year funding commitment and allocate $450, 000 for pro- gram year three as shown in this resolution. Mayor Sevila said we are merely reaffirming our commitment to the project and requesting that the commitment to us be honored. Mr . Bos said the project is going well and is really an attraction and a credit to the town. Some of the proposals are intriguing and ex- citing - it is a big improvement to that area. The staff involved, as well as Council, deserves recognition for that effort. Mayor Sevila agreed and complimented Mr. Weiss on the excellent job he is doing on this project. The resolution was unanimously adopted: Aye : Councilmembers Bos , Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. q MINUTES OF MAY 11, 1983 MEETING. 23 S 83-60 - RESOLUTION - AUTHORIZING LEASE OF LEESBURG MUNICIPAL AIRPORT PROPERTY TO THE FEDERAL AVIATION ADMINISTRATION. On motion of Mr . Willis, seconded by Mr. Tolbert, the following resolution was proposed after a brief explanation by Mr. Niccolls : WHEREAS, the town submitted a proposal to the Federal Avia- tion Administration for the lease of a 12 , 000 sq. ft. build- ing to be constructed at Leesburg Municipal Airport, and used as an Automated Flight Service Station; and WHEREAS , the Federal Aviation Administration accepted said proposal : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The mayor shall execute on behalf of the town a lease between the town and the United States of America (Federal Aviation Administration) for a completed building of 12 , 000 square feet configured, subdivided, finished and equipped in accord- s ance with the mutually approved design, plans and specifica- tions for the facility to be situated on a tract of ground within the limits of Leesburg Municipal Airport at an annual rent of $129 , 600 . The terms and conditions of the lease shall be the same as those found in the lease submitted by memorandum to the Mayor and Council dated April 29, 1983 , subject to the following additions : (a) The tenant shall pay for all utilities, heat and light; (b) The town shall be authorized to sell or use in any way excess heat captured from the operation of the Automated Flight Service Station facility. Mr. Niccolls said the original proposal to FAA was based on a 30- year bond issue issuance, Our proposal was for $10 . 80 per square foot (roughly $1, 080 per month) and incorporated a qualification as to the rent - if the town ' s actual costs for constructing the building were less than our estimates, the $10 . 80 rate would be commensurately reduced. The present lease is for 20 years and is for $10 . 80 per square foot; thereafter , for years 2021 through 2040 a $3 . 00 rate. The difference is that the $10. 80 20-year initial rate is on a modified gross rent basis - we are obligated to provide fire and casualty insurance on the building and to perform full mainte- nance service, including light bulb changing. In the years 2021 through 2040 , the lease would revert to a net net lease, the tenant being responsible for all maintenance services and insuring the building. In the second 20-year period, there will be substan- tially more maintenance activity than in the initial 20-year period. This lease is modified somewhat from our original proposal - it does not incorporate the provision that the rent would be reduced based on the actual cost of construction of the building (costs unknown) . During the recent negotiations, the contract has been modified in the town ' s favor in several ways. The waste heat concept was added - we learned that the building will generate more heat energy than can be utilized by the building for heat purposes - the surplus heat can be transferred to the terminal facility and used for space heating purposes there. They have eliminated the adjustment clause in the contract - the $10 . 80 rate for the first 20 years is firm no mat- ter what our costs for the buildings are, so any savings in the construction costs will directly accrue to the town and the rent stays the same. They have eliminated audit provisions from the lease; they have eliminated the provision in the RFP for a build- ing superintendent (this can be done through town personnel) . The town also added a prompt payment stipulation. There was nothing added into the lease in other terms that were in FAA' s favor. The 20-year plan is preferable because the FAA assumes all expenses in 20 years in an aging building and we won ' t know in that period the janitorial and maintenance expenses - they could easily add up to the $80 , 000 spread between the $3 . 00 and the $10 . 80 per foot. The $3 . 00 rate is then, for all practical purposes, all surplus uncom- mitted revenue to the town at that time. For these reasons, they recommend the adoption of the lease provisions for the two 20-year cycles. MINUTES OF MAY 11 , 1983 MEETING . 239 Mrs . Hill asked when it is expected that we will sign the lease? Mr. Minor said we will have to meet with the Virginia De- partment of Aviation to approve it and it will have to be retyped. This will take about two weeks. The FAA has indicated they would be willing to come and participate in the ceremony and there will be a ground-breaking ceremony too. It is up to Council, but execu- 1 tion will be in two or three weeks. Mayor Sevila said Congressman Wolf would like to be a part of any ceremony we have - he thinks there should be one. Mr. Coffey asked if there is anything in the lease that speaks II of alterations or additions during this period of time? Mr. Nic- cols said they would be done at their expense and the Town could require their removal at the end of the lease. If they wanted to enlarge the building by 50 percent, that would take a new lease. Mayor Sevila was disappointed that they could not negotiate a ren- tal rate for after September 2004 - he appreciated Mr. Niccolls ' and Mr. Minor ' s efforts on this . Mr. Bos said we should keep the perspective that this will add 60 to 70 jobs in the beginning and over 100 eventually - this will benefit the town in terms of de- velopment and commercial base at the airport. Mayor Sevila felt this is the culmination of a lot of hard work and effort by council OD and staff - this is a significant moment. This will have a great deal of meaning in the future to the town and its economic develop- 0 ment. The resolution was unanimously adopted : OD m Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Q Nay : None. 83-61 - RESOLUTION - AUTHORIZING A CONTRACT WITH BALLOU AND JUSTICE FOR THE DESIGN OF A COMBINED AUTOMATED FLIGHT SERVICE STATION AND AIRPORT TERMINAL. On motion of Mr. Willis, seconded by Mr. Bos, the following resolution was proposed: I WHEREAS, the Town of Leesburg and the United States of America (FAA) have entered into an agreement for the FAA to lease an automated flight service station to be constructed by the town; and WHEREAS, Janelle Aviation has submitted a letter of intent to pay the town rent equal to 75 percent of the annual debt ser- vice on the airport terminal ; and WHEREAS, the architectural , engineering firms interviewed to provide consulting services for these facilities recommend combining the flight service station and terminal into a single facility; and WHEREAS, following the competitive negotiation procedure out- lined in the town ' s officially adopted Purchasing Manual, the firm of Ballou and Justice located in Richmond, Virginia has been adjudged to offer the best proposal for professional ser- vices : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : ' SECTION I . The manager shall enter into a contract in an a- mount not to exceed $92 , 230 with Ballou and Justice, a part- nership of architects and consulting engineers of Richmond, Virginia, for professional services in connection with de- sign of an automated flight service station and airport ter- minal to be located at Leesburg Municipal Airport. The form of the contract shall be based on the American Institute of Architects Standard Form of Agreement Between Owner and Architect (1977 edition, AIA Document B-141) , amended as necessary to incorporate the town ' s Request for Proposal issued April 13, 1983 and Ballou and Justice ' s Statement of Qualifications, Pro- posal and Professional Fee Letter Amendment dated May 4 , 1983. MINUTES OF MAY 11, 1983 MEETING . 240 SECTION II. Appropriations to remain in effect until the project is complete are made from unappropriated balance of the Airport Capital Project Fund to the accounts and in the amounts shown below: Flight Service Station Design, Account 8300 . 703 $74 , 500 . 00 Terminal Facility Design, Account 8300 . 705 17 , 750 . 00 Mayor Sevila asked which budget these funds come from? Mr . Nic- colls explained that this will come from the bond funds and will be on hand on May 24th - though the funds aren ' t there now, the anticipated revenue is . The appropriation is made during the 1983 fiscal year, but it is a continuing appropriation into the next fiscal year. As the audit is done, you will see the expenditures listed within a particular fiscal year and broken out by that year. The resolution was unanimously adopted Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-62 - RESOLUTION - OPPOSING U. S . DEPARTMENT OF TRANSPORTATION DESIGNATION OF ROUTE 7 FOR GENERAL USE BY TWIN TRAILER AND OTHER LARGE TRUCKS . On motion of Mrs . Hill , seconded by Mr. Coffey, the following resolution was proposed : WHEREAS, the United States Department of Transportation has designated a list of 1727 miles of roads other than inter- state in Virginia for use by twin trailers and larger trucks; and WHEREAS, Route 7 between Alexandria and Winchester is include in this designation which would allow the twin trailers and larger trucks to enter onto town streets : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The Town of Leesburg is opposed to the designation of Route 7 in Loudoun County as a road that should be opened to twin trailer and larger trucks . A copy of this resolution is to be forwarded to the appropriate federal and state agencies for inclusion in public hearing comments. Mayor Sevila asked if we know whether or not Purcellville and Round Hill have done anything on this? It was not known, but the County has acted on it. Mr. Gheen said the State has objected - the High- way Department has entered into this and it included Loudoun County. Mr. Bos said it seems inappropriate toihave this size vehicles on two-land roads, especially where they go through residential towns. Mayor Sevila said this has been on our agendas for at least three times and he felt it accurately reflects the sentiments of each and every citizen in this town who regularly uses Route 7 . Everyone is basically opposed to this whole concept. The resolution was unani- mously adopted : Aye : Councilmembers Bos, Coffey, Gheen, Hill , Tolbert, Willi and Mayor Sevila. Nay: None. PROPOSED RESOLUTION REPEALING RESOLUTION 83-43 AND SHOWING INTENT OF COUNCIL TO ACCEPT PARK AREA DEDICATION FROM DEVELOPER OF SILVER OAKS SUBDIVISION. On motion of Mrs. Hill, seconded by Mr . Bos, the following resolution was proposed: WHEREAS , on March 3 , 1983 the Planning Commission approved the preliminary plat of Silver Oaks Subdivision which in- cluded two park sites, Site A and B; and MINUTES OF MAY 11 , 1983 MEETING . WHEREAS, the Planning Commission has recommended that coun- 241 cil accept all of park site A to the east of Shenandoah Street, Rockbridge Drive and Halifax Place as shown on the approved preliminary plat of Silver Oaks Subdivision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Resolution No. 83-43 is repealed. SECTION II . The council intends to accept for public use and maintenance the portion of park site A to the east of Shenandoah Street, Rockbridge Drive and Halifax Place as delineated on the approved preliminary plat of Silver Oaks Subdivision. Mr. Tolbert said he could not support this resolution - it appears they are subsidizing these developers to do something like this . If we are going to do something of this kind, let ' s do something worthwhile for the community. Mr. Coffey had a problem with this also - he felt the town would be committing the taxpayers to the cost of maintaining the area and eventually the town would be re- QJ quested to provide picnic and recreational facilities. There would Cr be some loss of revenue to the town, although small . This park area o would be used primarily by the people living in that area, with lit- OD tle or no use by the majority of the citizens of the town. He also felt that acceptance by the town would be providing some sort of CD taxpayer ' s subsidy to the developer and/or the property owners in Q the subdivision. This open space should remain a part of that sub- division since dedicated open space, under the cluster concept, is a trade-off for allowing for smaller lots, and this open space would be needed by the property owners for their children to play, etc . This cost should be the responsibility of those property owners. Mr. Coffey suggested a study, to be incorporated with the Comprehensive Plan, to consider a nice centrally located park, utilizing natural re- sources of a stream through town, whereby a lake might be utilized, with canoeing, fishing, ducks, etc . - perhaps a swimming pool for the public and a refreshment stand, as well as an athletic field for ball games and other sports and maybe an amphitheater for con- i certs. All of this could be controlled security-wise during the daytime hours. Yes , this costs money but, at the same time, the study could include some appropriate fees to help support mainte- nance of such an undertaking. We should put our efforts into one nice park and let these small areas be basically controlled and the responsibility of the people living in the immediate area. He could not support the acceptance of either Site A or B. At the request of Mayor Sevila, Mr. Niccolls pointed out on the map the location of this particular area - most of it is in the flood plain. Mr. Gheen said he had previously recommended against this but, now that the Planning Commission has changed its recommendation, he is inclined to support it - he wants QQ upport the Planning Com- mission and maybe, as a justification,%t 'his park does border on the west side of Sycolin Road for a considerable distance, there is a possibility that it could be used by people outside this cluster de- velopment. As a matter of principle, he feels that, in this type of development, there should be park land which is owned by the citi- zens association to be developed for that. He is supporting the Planning Commission on this resolution. Mr . Bos said it is timely for Council to think about the park needs of the town and to reach a consensus as to how to implement this. He is personally in favor of the small parks spread through- out the town - for example, the Rotary Park behind his house is jammed when the weather is nice. There is better control of the small parks - this allows the town to control the kind of equip- ment, how it is used and certain parameters it couldn ' t control in a specific housing development. His view and concept is to have several levels of use and several levels of ownership and maintenance. The cluster developments with their own open spaces serve a certain need. The town could control , in its own way, several small park sites. He will support this resolution. MINUTES OF MAY 11, 1983 MEETING. 242 Mayor Sevila said many of Mr. Coffey' s concerns are similar to his own. There is a need for an inventory of park land that might be available for inclusion in a linear park system. How- ever, before such a plan is available, _we are really having a parcel of ground, the utility of which nobody has assessed, thrust upon us by a developer ' s decision. It has been said that sometime in the future it might be linked up with other park areas, but it appears this is merely a possibility. With cluster development, which may encourage developers to set aside park land and dedicate it to the town, we may lose the ability to dictate and instead be dictated to as to where these local parks will be. He feels we do want a network of local parks, perhaps in conjunction with or as a part of an overall park system that may include a large central park His fear is that, once we accept this park land, it may be impos- sible to get rid of it in a constructive way. A negative vote on this would force the developer to include it in the common grounds of his homeowners ' association. It would be easier for the town at a future time, if we discover this would fit in nicely with a linear park system or something similar - we would still have the ability to acquire it - a homeowner ' s association faced with mainte- nance costs would gladly deed it over to us. He hoped a negative vote would encourage us to speed up our consideration of overall flood plain linear park inventory and assess the town ' s needs for parks. He will vote against the resolution. Mr. Willis agreed with the Mayor, Mr. Coffey and Mr. Tolbert. Mr. Coffey recommended that Council not accept for public use and maintenance Park Site A or B . He is not opposed to small park areas, but he didn' t feel we necessarily need to be in control of every little parcel of land open for use - let the people in the area in which they are located have a little control over what they want to do. The resolution was defeated by a vote of 5 to 2 : Aye: Councilmembers Bos and Gheen. Nay: Councilmembers Coffey, Hill , Tolbert, Willis and Mayor Sevila. 83-63 - RESOLUTION - REPEALING RESOLUTION 83-43 AND SHOWING INTENT OF COUNCIL NOT TO ACCEPT PARK AREA DEDICATION FROM DEVELOPER OF SILVER OAKS SUBDIVISION. On motion of Mr. Willis, seconded by Mr. Coffey, the following resolution was proposed and adopted by a vote of 6 to 1 : WHEREAS, on March 3, 1983 the Planning Commission approved the preliminary plat of Silver Oaks Subdivision which included two park sites, Site A and B: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Resolution No. 83-43 is repealed. SECTION II . The council shall not accept for public use and maintenance any portions of park sites or open space, other than streets and utility easements, as shown on the approved preliminary plat of Silver Oaks Subdivision. Aye : Councilmembers Coffey, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay : Councilmember Bos . 83-64 - RESOLUTION - APPROVING A SCHEDULE FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR THE CARRVALE SUBDIVISION. On motion of Mrs. Hill , seconded by Mr. Coffey, the following resolution was proposed : WHEREAS, the public improvements for Sections 1 , 2 and 3 of Carrvale Subdivision and the Cattail Branch Sewage Pumping Station that serve Carrvale Subdivision have not been in- stalled within the time limits outlined in the contracts for public improvements; and MINUTES OF MAY 11 , 1983 MEETING. 243 WHEREAS, on several occasions council has allowed additional time for completion of these improvements in accordance with schedules submitted by International Pavilion Company; and WHEREAS , International Pavilion Company has not fully com- plied with the schedules submitted to the town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The schedule submittedito the town by International Pavilion Company dated May 3 , 1983 showing completion of pub- lic improvements in the Carrvale Subdivision and the Cattail Branch Sewage Pumping Station on or before June 30, 1983 is approved. SECTION II . The director of engineering is to make a final inspection of the public improvements and Cattail Branch Sew- age Pumping Station on June 30 , 1983 and report these find- ings to the council at the Public Works Committee meeting on July 6 , 1983 to determine if council should proceed with necessary legal action to assure the improvements are in- OD stalled. Nt CD Mr. Gheen asked how long Carrvale has been in default? Mayor Sevila OD said October 1982 was the last deadline agreed to by:Council. Mr. Niccolls said there were several extensions prior to that. The reso- m lution was unanimously adopted : Q Aye : Councilmembers Bos, Coffey, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay : None. 83-65 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1983 . On motion of Mrs. Hill , seconded by Mr. Coffey, the following resolution was proposed: WHEREAS , the Town of Leesburg and the County of Loudoun have entered into an agreement to share the cost of surveying the new annexation land: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows : An appropriation is made from the general fund unappropriated balance to Account No. 1204 . 303 , Surveys, in the amount of $6 , 325 . 00 for fiscal year 1983 . Mrs . Hill said the County and the Town are each paying one-half of this cost. Mr. Niccolls said the town is paying 50 percent of the cost of surveying additional land requested by a property owner whose property was being split by annexation - the property owner will pay the other half . The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill , Tolbert, Willis and Mayor Sevila . Nay : None. 83-66 - RESOLUTION - RECOGNIZING MUNICIPAL CLERK'S WEEK. On motion of Mr. Willis, seconded by Mr . Bos, the following resolution was proposed and unanimously adopted: WHEREAS , the office of Municipal Clerk is the historical mainstay in local government, entrusted with the dual re- sponsibility of preserving the past and using modern tech- nology to access that information for the future; and MINUTES OF MAY 11 , 1983 MEETING. 244 WHEREAS, the Municipal Clerk ' s role is multifaceted, accom- plishing several key responsibilities which directly con- tribute to the steadfast qualities of local government; and WHEREAS, the Municipal Clerk serves as a conscientious and progressive public servant providing a harmonious connection between the local governing body and the citizenry; and WHEREAS, the Municipal Clerk ' s reflective manner towards pro- fessional development through continued education participa- tion is a vital advancement in today ' s world; and WHEREAS, it is therefore appropriate to appraise the profes- sional attributes and capabilities of the Municipal Clerk and recognize their important purpose and function in our ever- changing society: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The week of May 8-14 , 1983 is recognized as "Municipal Clerk ' s Week" in recognition of the Municipal Clerk ' s ability to ap- propriately respond to the changes of today with forethought for the future of this historic office and its public ser- vice to the local citizen. Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay : None. Mr. Coffey called to attention the fact that our Police Chief, Jimmy Kidwell, was honored by being named "Law Enforcement Officer of the Year" by the Optimist Club of Purcellville. He is to be commended. On motion of Mr. Gheen, seconded by Mr. Tolbert, the minutes of the meeting of March 23 , 1983 were approved as written: Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. It is noted that Mr. Gheen had questioned the above-mentioned min- utes concerning a resolution to accept park sites in Sycolin Forest Subdivision. However, since another resolution has been adopted tonight regarding this matter, he could see no purpose in rehashing this. Mayor Sevila commended Mr. Gheen for his careful reading of these minutes - this has resulted in bringing this matter back for further action tonight. Mayor Sevila declared a five-minute recess, after which Mr. Jim Haynes presented a 15-minute narrated slide program on what an airport can contribute to the community and what related businesses can mean. The meeting was then reconvened. 83-67 - RESOLUTION - ADOPTING A DEVELOPMENT PLAN FOR LEESBURG MUNICI- PAL AIRPORT. On motion of Mr. Tolbert, seconded by Mr. Bos, the following resolution was proposed : WHEREAS , no locally adopted development plan exists for Lees- burg Municipal Airport; and WHEREAS, the development plan for the airport dated September 17 , 1975, adopted by the Federal Aviation Administration, represents more than $8 . 5 million in construction costs and includes undesirable features such as a cross wind runway; and WHEREAS, the Airport Layout Plan and Development Program recom- mended by the Council and Airport Commission ' s consultant, Simat, Helliesen & Eichner, Inc . , incorporates a realistic phased development program for the airport; and MINUTES OF MAY 11, 1983 MEETING. 245 WHEREAS, this plan will permit the operation of Leesburg Airport to continue on a self-sustaining basis and will not require general fund tax support; and WHEREAS , the annexation land area agreed to by the town and county was enlarged around the airport to accommodate a fu- ture runway extension; and WHEREAS , an approved development plan is essential to the current town plan for the annexation territory and to pro- tect the area surrounding the airport from conflicting land uses; and WHEREAS, the proposed Airport Development Plan will greatly enhance the economic development potential of the airport; and WHEREAS, the Leesburg Airport Commission has endorsed this plan : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : CD Nt SECTION I . The Airport Layout Plan, Terminal Layout Plan, O Approach and Vicinity Plan, Demand Capacity Analysis and OD Airport Development Plan contained in the document entitled Market Analysis/Planning Study for Leesburg Municipal Airport, OD dated March 23, 1983 are adopted as elements of an official Q plan for Leesburg Municipal Airport. SECTION II . The manager shall transmit a copy of this resolu- tion to the Federal Aviation Administration and Virginia De- partment of Aviation. Mrs. Hill said she supports this Airport Master Plan - it states it will not cost the taxpayers any money, so she is satisfied with it. ' This adopts only a few sections of the report and her questions were in other sections not being adopted . Mr. Bos supported it whole- heartedly - it is past due. The airport ' s future looks bright - much more so than several years ago. This plan, along with a good cooperative agreement with a successful and progressive operator earmarks a good future for the airport. He supports it. Mr. Gheen supported it - it seems reasonable. Mr. Willis was whole-heartedly behind it. Mr. Coffey supported it and felt it is very much in line with some of the planning for the annexation area, particularly with some of the sewer facilities, etc. to be put in. Mr . Tolbert sup- ported it - twice. Mrs. Hill asked when we anticipate signing the lease on the terminal facility? Mr. Niccolls said it will be a few more weeks . Now that we have the FAA lease, we will develop a lease with Janelle and proceed on that. Mayor Sevila fully supports it - he feels we are really doing some great things at the airport and this is one more step in that direction. Mr. Gheen said it is cer- tainly a long way from the original Godfrey Field. The resolution was unanimously adopted : Aye : Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Tolbert, seconded by Mr. Coffey, the meeting was adjourned at 10 : 15 p.m. ayor /&4 iq//� Clerk of`the Council