Loading...
HomeMy Public PortalAbout1985_01_09 318 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON INTENTION TO VACATE PORTION OF VALLEY VIEW AVENUE, JANUARY 9, 1985. A regular meeting of the Leesburg Town Council was held on January 9, 1985 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Bos. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Arl Curry, Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and Charles J. Williams; also Town Manager Jeffrey H. Minor, Director of Finance Paul E. York, Director of Planning, Zoning and Development Martha S. Semmes, Zoning Administrator Mark Nelis and Town Attorney George M. Martin. On motion of Mr. Williams, seconded by Mrs. Hill, the minutes of the regu- lar meetings of June 13, 1984 and November 14, 1985 and a special meeting of November 16, 1984 were unanimously approved as submitted. PUBLIC HEARING ON VACATION OF PORTION OF VALLEY VIEW AVENUE Mr. Minor explained that this matter had originally been before the Finance and Administration Committee, with that committee and then council authorizing this hearing. We do not have an appraisal on the property yet, but that is not essential to the hearing. Mrs. Semmes, Director of Planning, Zoning and Develop- ment reported that Mr. Paul Smith, attorney representing the applicant, is pro- ceeding to get the appraisal. Mr. Martin raised the question as to whether there is a deed stating the town owns this cul-de-sac, but one has not yet been found. Mr. Smith has also looked into this. Apparently the cul-de-sac was created when changes were made to South King Street at the By-Pass. Usually VDH&T condemns the property and, at the end of the project, it's all given over to the town and we never receive a paper stating this is the town's land. We will find out what is necessary to transfer this to the landowners on either side - it cer- tainly is public right-of-way. These are small legal matters to be worked out that do not affect the use of the right-of-way, which is the subject of this hear- ing - as to whether we need the right-of-way or not. The question is whether we need something to state that VDH&T has no claim to it. Mr. Minor added that the adjacent property is in single ownership and the cul-de-sac serves no transporta- tion purpose and will never be a connection to Route 15. It would be best served in the hands of the adjoining property owners and would generate some additional revenue to the town's general fund. Mrs. Semmes further explained that this is just the turn-around portion that is being vacated - there would still be a small section serving some new residential townhouses - that would be public right-df- way. We would keep the existing utility rights-of-way. Valley View dead-ends into South King Street and there is no access. Mr. Williams asked what they will do with this property? Mr. Paul Smith said the owner plans on extending the parking lot on one side of the Southgate Condominiums - no actual construction can be built because of easements near there. The idea is to simply formalize the parking area, clean it up and landscape what they have. There was no-one present to speak on this matter, so Mayor Sevila declared the hearing closed. On motion of Mrs. Hill, seconded by Mr. Kelley, Council voted unanimously to refer this back to the Finance and Administration Committee, with the intent of acting on it at the next meeting: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. ' COUNCILMEMBER COMMENTS: Mr. Bos congratulated the recipients of the yearly performance bonuses •' (mentioned in the Activity Report) . This program works very well - it is an incentive for employees to "go that extra mile" - it not only grants recog- nition, but is a monetary increase that is not permanent. He hoped they can continue this program. Mrs. Hill reported that the Cable Commission met last night - Country Club is still being marketed, with about 50 percent completed. They have still not received the converters sent for repair - this is holding up completion. They ordered 100 new ones yesterday - they are expected within 30 days, so they hope 1 MINUTES OF JANUARY 9, 1985 MEETING. 319 to have Country Club completed by the end of January. They will start on Silver Oaks within the next two to three weeks . The camera being used tonight is on loan - it may be a month before they have theirs back. Under local origination, they will present a play on Channel 4 in the spring. The sale of the station is expected to be completed by the end of February or the firstof March. The Cable Commission will be reviewing this and making recommendations to the Council. Mr. Bos asked if they have to stay with only that one brand of converters? Mr. Nelis said Mr. Rankin explained that these are about the only ones they can use without having to change other equipment in their office. Mrs. Hill said they have hired a new chief technician as of January 1st and Bill Webb will be the new public service director. They are getting about 35 percent response in Country Club and think they will get about 75 percent when it is completed. Prime Cable Company will be the new company. The Commission will be called upon to approve the change and make a recommendation to Council. Mr. Minor said a detailed application was sent to them many months ago and another has been sent - they have to pay a $500 application fee. Mrs. Hill asked about the manhole covers in Silver Oaks. Mr. Minor reported that a work order was issued today on the one on Salem Court. There are some sit- ting up at an ajgle on Rockbridge - they are quite dangerous. Word has gone out to the Engineering Department today on these. %:t. Mr. Curry reported that Mrs. Reginald Marshall in Leesburg Country Club Apartments called about the dangerous intersection at Country Club Drive and N South King Street - she wondered what can be done to convice someone that this Wis a most dangerous intersection. Mr. Minor said he had talked with her also CO and recommended that this matter be placed on the next Public Works agenda - it would probably be ourrecommendation that the new Director of Engineering work Q with the Highway Department to identify both interim and long-term measures to improve safety there. When we get answers from the Highway Department, they will be presented to Council. This intersection has caused two fatal accidents in the last year and a half. Mr. Curry further reported that the Planning Commission has had two meetings - the zoning committee met for about an hour with Exeter developers in getting a i school site that is acceptable to the School Board. At first they suggested pro- ' viding a 10-acre tract. The School Board recommends (for a middle school) 30 acres but, in some cases, they will accept less if all the land is usable. One of the problems is the way the Planned Development regulations are written (he described this in detail and suggested what he thought would be more equitable) . Even the Planning Commission thought his suggestion would be a better way to do it and that this should be worked on first - it is holding up development and put- ting the Commission on the basis of having to approve or conditionally approve a subdivision at the last minute without actually receiving a definite site. The Commission did pass it -:.on:. the condition that we receive an appropriate site that the School Board will accept. Council will have to work out the final site and the staff is working on some PD ordinance changes. Mr. Kelley reported that the Economic Development Advisory Committee met this morning, with Mr. Bos, Mr. Williams and Mr. Minor in attendance. They had a report on the survey done last year for the certification program - they had a thorough discussion concerning this and how it is going to fit in their quality of life assessment. He felt they made a great deal of headway today. Joby Rey- nolds and Mr. Bos have a meeting set up next week on the quality of life portion of the program. Mr. Williams agreed to go out on some of the greeting calls with Mr. Trocino. A deadline of the end of March has been set to have this completed - at the present pace they should very easily accomplish that. Mr. Tolbert advised that the Airport Commission will meet tomorrow night at 7:30 p.m. MANAGER'S REPORT: (1) Mr. Minor reported that appraisals (3) for the Catoctin Circle extension are under way. (2) He signed a purchase order today to construct a plexi-glass display board for awards to be placed in the vestibule of the Council Chambers. This will hold the VML award. • MINUTES OF JANUARY 9, 1985 MEETING. 320 (3) In anticipation of snow, the Public Works Department has divided the .- town into basically six areas. Each driver gets the equipment for his vehicle and a map, with the specific areas he is to serve marked in green.on the re- verse side. They are to be commended for the work they have done in trying to plan for snow this year - this will be the first full winter we have served the entire expanded town. We have always been concerned that we have not used all the resources of the Department, but this year they have identified drivers in the streets division, the utility lines department and the shop division - this will cut down on overtime and fatigue and shouldffresult in a better safer operation. (4) We received today a copy of the/YVEFCO contract - hopefully he will be able to get Mr. Williams, Bruce Brownell, Marc Weiss, Mr. Robin and himself to- gether on Friday to look at it and see if it meets all expectationsand forward it on to committee. Mr. Brownell has worked on the development plan .and has a lot of those things ready for Council review too. He's anxious to proceed with the townhouse element. This should be an exciting project and a valuable asset to the town, so they hope to be able to get the contract ironed out and present that and the development plans to Council. (5) Martha Semmes will be distributing the annual report of the Planning Commission to Council and the Commission, highlighting the commercial, residen- tial -and economic growth over the last year, as well as covering other signi- ficant action of the Planning Commission last year. • (6) He called attention to the brief by Terry Ney(in the Activity Report)- it has been sent on to the Assistant Regional Counsel for EPA. It has not been acknowledged yet and we don't know yet the time schedule for the determination of this protest. (7) He called attention to a copy of the letter from the State Water Control Board to the EPA, which basically endorsed our application for an extension through April due to the delay caused by the protest. (8) Council has received a tentative budget schedule. Not mentioned is a companion exercise to adopt our new Capital Improvements Program.- we adopted the 1985-90 CIP - now we will be doing the 86-91 one. It should plug into this year. We want to use it for the 1986 budget so we have asked our Department Directors to update that plan by Feb. 1. When they get that done, they want to get it to Council and to the Planning Commission and try to get a good picture of what their general capital outlays: might be for 1986. Then they could prioritize those capital outlays that look important to the Council - when they find out what the revenue picture is and the expenditures, they can get a realistic view on how much will beavailableto obligateto capital 'outláysAn. F? 1986. '. (9) We issued the first of the week the annual awards to those employees who have made an extra special effort this year and made significant contribu- tions to our government. This is a difficult decision every year. It reaps some benefits to employee morale but, at the same time, those who didn't re- ceive an award are somewhat unhappy and disappointed. Anthing that's worthwhile never comes to everyone. Occasionally we have some who get one every year or two or three years in a row - that's because generally outstanding employees generally continue to be outstanding. This year we've had a good cross-spectrum of employees - from superintendents to laborers.- He especially depended on some of these people from July to September, like Nancy Fixx and Mark Nelis, they were really a great resource for everybody. The monetary amount is not tremendous, but recognition is equally as important as the monetary award. There will be a lun- cheon for these people next Thursday and they hope all the councilmembers can be there then. He read the list of those to receive awards, as follows: Mike Barry - Laboratory technician at Water Plant Steve Cawthron - Superintendent at Wastewater Treatment Plant Larry Taylor - Superintendent at Water Filtration Plant Ken Bryan - Town Shop Harry Grimm - Maintenance Man Bill Allison - Street Department Dan Hyatt - Utility Lines Superintendent David Frye - Street Superintendent Nancy Fixx - Accounting Supervisor Marilynn Simpson- Finance Department 321 MINUTES OF JANUARY 9, 1985 MEETING. Mark Nelis - Zoning Administrator Mary Mack - Planning Department Lt. Lloyd - Police Department Della Clark - Executive Secretary Linda DeFranco - Administrative Assistant Janet Smith - Police Secretary Mr. Williams asked that Mr. York give them an update with respect to reve- nues as it is coming in and if we are keeping pace with the Budget? Mr. York said he has not had an opportunity to go through the Budget in great detail but, in terms of some of the revenue categories, it looks like they are on i track as far as some of the taxes are concerned - business licenses, for example. He sees no particular problems at this point. This report does not reflect what our property taxes will do - a better report can be given on this at the end of December and then make a projection for the subsequent six months. Availability fees are coming in well - they have now collected over 90 percent of what they originally anticipated - they might hit 120 to 150 percent of what they projected. He sees nothing in the Utility Fund that is alarming - it looks like the water and sewer billings are pretty much on track. MAYOR'S REPORT: Mayor Sevila asked about the appraisals on Catoctin Circle? Mr. Minor said they are underway, the costs to be borne by Mr. Jewell. Once they are done, Council will determine if it is in the best interest of the town to make a land trade for part of the right-of-way (our land is more valuable than the right- of-way) . There is some interest by one local developer to extend part of that street - this could also be an asset in terms of timing. Mayor Sevila also congratulated the recipients of the performance awards and encouraged the councilmembers to attend the luncheon on January 17th. Mayor Sevila declared a five-minute recess, after which Council reconvened. iOn motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolutions were proposed and unanimously adopted as consent items : 85-1 - RESOLUTION - APPOINTING TERRENCE NEY AS SPECIAL COUNSEL TO REPRESENT THE TOWN IN MATTERS RELATED TO THE EPA FUNDED CONSTRUCTION OF THE TOWN'S WASTEWATER TREATMENT PLANT EXPANSION AND UP- GRADING PROJECT. WHEREAS, this Council on November 16, 1984, authorized a tentative contract award to R. F. Kline and Company for the construction of the town's Wastewater Treatment Plant expansion and upgrading proj- ect; and WHEREAS, Mechanical Constructors, Inc. filed suit in Loudoun County Circuit Court to reverse the town's tentative award; and WHEREAS, Mechanical Constructors, Inc. and Federline, Inc. have filed protests with the Environmental Protection Agency with respect to the tentative contract award; and WHEREAS, Terrence Ney with the firm Boothe, Prichard and Dudley has represented the town in contract matters relating to litigation in- volving construction of the town's water filtration plant on the Po- tomac River; and WHEREAS, Terrence Ney and the firm Boothe, Prichard and Dudley have special expertise with respect to contract law and are experts in Virginia procurement regulations and Environmental Protection Agency grant requirements; and WHEREAS, the town attorney George Martin recommends the appointment of Terrence Ney as special counsel in matters relating to the town's Waste- water Treatment Plant expansion and upgrading project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 322 MINUTES OF JANUARY 9, 1985 MEETING. Terrence Ney and the firm Boothe, Prichard and Dudley are appointed 1 as special counsel to represent the Town of Leesburg in litigation and administrative protests to the Environmental Protection Agency arising out of the town's tentative contract award to R. F. Kline and Company. 85-2 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE REGARD- ING COMPOSITION OF. THE BOARD OF ARCHITECTURAL REVIEW. WHEREAS, the Council has unanimously requested the General Assembly to consider amendments to the charter of the Town of Leesburg to provide a transition for current appointments during the period prior to the effective date of the proposed charter amendments; and WHEREAS, the Council desires to establish staggered terms for the Board of Architectural Review: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to amend Section 10A-4-2 to read as follows: 10A-4-2 Effective July 1, 1985, the term of office for the members shall be for three years, except that the term of the Coun- cil member and Planning Commission member shall correspond to their official tenure of office. Appointments made prior to that date shall expire according to the following sequence. (a) One member's term shall expire on June 30, 1985 (b) Two members ' terms shall expire on June 30, 1986 (c) Two members' terms shall expire on June 30, 1987. Any appointed member of the Board may be removed from office by the Council after public hearing for:.inefficiency, neglect 111of duty or malfeasance or other just cause after charges made in writing. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. The Director of Plan- ning and Zoning shall be the Board's Secretary. SECTION II. The Planning Commission shall conduct a public hearing as soon as permitted by law and report its recommendations on the proposed amendment to the Town Council within 60 days of the public hearing. 85-3 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE REGARDING TOWNHOUSE AND PARKING LOT LANDSCAPING. WHEREAS, the Leesburg Zoning Ordinance does not permit townhouses with garages; and WHEREAS, the Council finds that townhouses and other small-lot single- family developments on private parking courts may provide a more pleas- ant environment, provided such courts are adequately landscaped; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to amend Section 8-2-11 and add a new Section 9A-3-4 to read as follows: 8-2-11-1 No motor vehicle shall be parked on the front of any lot upon which a townhouse has been or is to be erected, unless the townhouse has a garage. 9A-3-4 Parking courts created under the provisions of Section 13-75(c) of the Subdivision and Land Development Regulations, in place of the landscaping requirements above, shall include a mini- mum interior landscaped area equaling twenty percent (20%) of the total area of the parking court, to include one shade tree and three shrubs for every 100 square feet of landscaped area. A perimeter landscape strip with a minimum width of MINUTES OF JANUARY 9, 1985 MEETING. 323 five (5) feet shall also be provided and shall include one shade tree for every 40 linear feet. SECTION II. The Planning Commission shall conduct a public hearing as soon as permitted by law and report its recommendations on the pro- , posed amendment to the Town Council within 60 days of its public hear- ing. 85-4 - RESOLUTION - INITIATING AMENDMENT OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING RESIDENTIAL LOTS. WHEREAS, the Subdivision and Land Development Regulations require that every residential lot abut a public or private street; and WHEREAS, small-lot single-family developments may contain lots that front on private parking courts that do not serve the function of either a pub- lic or private street; and WHEREAS, the Council finds that such developments on private courts may provide a more pleasant environment and a more economical use of public street frontage, thereby promoting the public health, safety and welfare; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Subdivision and Land Develop- ment Regulations is initiated to change Section 13-75(c) to read as fol- lows: Section 13-75. Lots. (c) Every residential lot shall abut a public street, except as provided below: (1) Single-family detached dwelling lots of 20,000 square feet of more may abut a common driveway serving a maximum of eight lots. Common driveways permitted under this section shall have a minimum pavement width of 24 feet and a minimum public easement width of 40 feet and shall not serve a through function. (2) Single-family dwelling lots of 8,000 square feet or less may abut a common parking court with the following maximum number of lots per court: single-family detached and semi-detached dwelling lots: 12; single-family attached dwelling lots: 28. Common driveways and parking courts created under the provisions of this section shall be designed and constructed in accordance with the Construc- tion Standards of the Town of Leesburg. In addition, parking courts cre- ated under the provisions of this section shall be adequately landscaped to ensure the residential character of the development, as provided in Article 9A-3-4 of the Leesburg Zoning Ordinance. SECTION II. An amendment of the Leesburg Subdivision and Land Develop- ment Regulations is initiated to change Section 13-99(c) to add new definitions to read as: follows: Section 13-99. Definitions and rules of construction. (c) "Driveway, Common" shall mean a private roadway providing vehicular access to lots . "Dwelling, Single-Family Attached" shall mean a one-family dwelling • attached to two or more one-family dwellings by common vertical walls. This definition includes such dwelling types as town- house, triplex and quadraplex. "Dwelling, Single-Family Detached" shall mean a dwelling designed for one family which is not attached to any other dwelling by any means. 324 MINUTES OF JANUARY 9, 1985 MEETING. "Dwelling, Single-Family Semi-detached" shall mean a one-family dwelling attached to one other one-family dwelling by a common vertical wall, whether or not each unit is located on a separate zoning lot. This definition includes such dwelling types as duplexes, patio homes and garden court homes. "Parking Court, Common" shall mean a parking area for the principal use of the owners or occupants of the lots abutting the parking area. SECTION III. The Planning Commission shall conduct a public hearing as soon as permitted by law and report its recommendations on the proposed amend- ment to the Town Council within 60 days of its public hearing. 85-5 - RESOLUTION - ACCEPTING STREETS INTO THE TOWN'S SYSTEM IN FAIRWAYS SUB- DIVISION. WHEREAS, all streets in Fairways Subdivision have been completed in ac- cordance with town standards and have been inspected by the Engineering Department; and WHEREAS, these streets have been in use by the public for more than one year: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: All streets in the Fairways Subdivision are accepted into the town's road system for maintenance. 85-6 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR THE LOUDOUN MEMORIAL HOSPITAL PSYCHIATRIC CARE ADDITION. WHEREAS, Howard Shockey & Sons, Inc. have completed the installation of public improvements in accordance with town standards and specifications and these have been inspected and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The public improvements constructed for the Loudoun Memorial Hospital Psychiatric Care Addition are accepted for public use by the town. SECTION II. The cash performance bond in the amount of $16,761 is re- leased less five percent to be retained as a cash maintenance bond to be in effect for a period of one year from this date in the amount of $838. The Director of Finance is directed to return $15,923, plus in- terest, to Howard Shockey & Sons, Inc. 85-7 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING A PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR LOT 25, PARKER SUBDIVISION. WHEREAS, the developer for Lot 25, Parker Subdivision has completed the installation of public improvements in accordance with town stand- ards and specifications and these have been inspected and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The public improvements for Lot 25, Parker Subdivision are accepted for public use by the town. SECTION II. The cash performance bond in the amount of $10,955 is re- leased less five percent to be retained as a cash maintenance bond to be in effect for a period of one year from this date in the amount of $548. The Director of Finance is directed to return $10,407, plus in- terest, to R. W. DeHart. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. MINUTES OF JANUARY 9, 1985 MEETING. 325 85-0-1 - ORDINANCE - AMENDING SECTION 2-91 OF THE TOWN CODE WITH RESPECT TO THE MEMBERSHIP OF THE ENVIRONMENTAL ADVISORY COMMISSION. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolu- tion was proposed: WHEREAS, this Council desires to reestablish the Environmental Advisory Commission so that the number of members and appointment process gene- rally corresponds to other boards and commissions established by the town: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 2-91 of the Town Code is amended to read as follows: Sec. 2-91. Committee established generally. (a) i The Leesburg Environmental Advisory Commission is hereby established. Through June 30, 1986, the Commission shall consist of no less than 10 members. The Council shall appoint all members who shall be residents of the town, except for any member with a term expiring January 30, 1986 now residing outside the town, which said member may not be appointed to a successive term unless he meets the residency requirement of this sec- tion. The Council shall appoint one of its members to the Commission whose term of office shall correspond to his official tenure of office as a councilmember. Except for the councilmanic member and members ap- pointed prior to June 30, 1986, members shall serve for terms of two years. Except for the councilmanic member, the terms of all members shall expire on June 30, 1986. Thereafter the Commission shall consist of eight members, including the councilmanic member. (b) The Commission shall elect its chairman annually. The Commission shall elect annually the officers it deems necessary. The Commission shall meet monthly or more often as necessary upon the call of the chair- , man or two or more members. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in effect February 1, 1985. The makers of the ordinanceragreed to revision of paragraph (a) , to read as fol- lows: (a) The Leesburg Environmental Advisory Commission is hereby established. Through June 30, 1986, the Commission shall consist of no less than 10 members. The Council shall appoint all members who shall be residents of the town, except for any member with a term expiring January 30, 1986 now residing outside the town, which said member may not be appointed to a successive term unless he meets the residency requirement of this section. The Council shall appoint one of its members to the Commission whose term of office shall correspond to his official tenure of office as a councilmember. Members appointed after June 30, 1986 shall serve for terms of two years. The terms of all members shall expire on June 30, 1986. Thereafter the Commission shall consist of eight members includ- ing the Councilmanic member. There followed extensive discussion concerning the number of members to serve on this committee and the reduction thereof, as well as on the expiration date of June 30, 1986 for the terms of all members. Mayor Sevila was not in favor I of either of the above, nor the fact that this takes away the power of the . Mayor to make appointments. For these reasons, he will not vote for this ordi- nance. The ordinance, as amended, was adopted by a vote of 6 to 1: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert and Williams. Nay: Mayor Sevila. 326 MINUTES OF JANUARY 9, 1985 MEETING. 85-8 - RESOLUTION - INITIATING AMENDMENTS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS CONCERNING REQUIREMENTS FOR PRE- LIMINARY PLATS AND PRELIMINARY DEVELOPMENT PLANS. On motion of Mrs . Hill, seconded by Mr. Williams, the following resolution was proposed: WHEREAS, the present Subdivision and Land Development Regulations provide for certain information to be contained on preliminary subdivision plats and preliminary development plans; and WHEREAS, the Council finds that it is beneficial to require more informa- tion on preliminary plats in order to review the preliminary layout of streets, utility lines and stormwater management systems; and WHEREAS, the Council finds that it is necessary to amend the Subdivision and Land Development Regulations in regard to preliminary plat and plan requirements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Subdivision and Land Development Regulations is initiated to amend Section 13-57 by adding a new section to read as fol- lows: (e) The Planning Commission shall approve any record plat that generally conforms with the preliminary platand conforms to the Sub- division and Land Development Regulations, the Zoning Ordinance and the Construction Standards of Leesburg and nothing has come to the attention of the Commission that is materially adverse or contrary to the require- ments or purpose of these regulations. The location and alignment of public utilities may be changed if necessary as the result of final en- gineering design between the preliminary plat approval and the final plat submission. Preliminary plat approval does not authorize construc- tion of improvements within the subdivision. SECTION II. An amendment of the Subdivision and Land Development Regu- lations is initiated to amend Section 13-61(b) (4) , (5) , (8) , (16) and by adding the following new sections (18) , (19) , (20) and (21) to read as follows: (4) Location, names and present width of existing and proposed streets, highways, easements, property lines and existing utilities. (5) All parcels of land and easements proposed to be dedicated for public or common use and the conditions and disposition of each dedication, including temporary dedications for cul-de-sacs. (8) The zoning classification, area of subdivision and proposed use of the land. For all residential subdivisions the following infor- mation shall be presented in tabular form: Total area in subdivision, total number of lots, minimum lot area and average lot area. For all cluster subdivisions, the following additional information shall be required: area in lots, area in open space, aggregate reduction in lot area open space as percentage of subdivision, area in streets and a note explaining disposition and improvements to open space. (16) If the proposed subdivision fronts on a major or minor ar- terial, a statement by the Virginia Department of Highways and Trans- portation Resident Engineer that the subdivider has consulted with him as to the preliminary plans for an entrance permit and any special treat- ment which will be required for street construction and drainage. (18) Preliminary plans for streets, sidewalks, sanitary sewers, storm drains and water mains, including proposed connections with exist- ing sanitary sewers and existing water lines. The pavement width and right-of-way of proposed streets shall be indicated and any proposed non- standard street sections shall be 'illustrated in profile. (19) Preliminary layout of provisions for collecting and discharg- ing surface drainage. MINUTES OF JANUARY 9, 1985 MEETING. 327 (20) Preliminary plans for erosion and sedimentation control measures. (21) The location and type of all existing trees eight inch in diameter or greater. If the property is densely wooded in whole or in part, the limits of such densely wooded areas may be shown on the plan in lieu of locating individual trees. The plat must indicate trees that are to be removed and those that are to be retained. SECTION III. An amendment of the Subdivision and Land Development Regu- lations is initiated to amend Section 13-67(d) to read as follows: (d) The Planning Commission shall approve any development plan that generally conforms with the preliminary development plan and con- forms to the Subdivision and Land Development Regulations, the Zoning - Ordinance and the Construction Standards of the Town of Leesburg and nothing has come to the attention of the Commission that is materially adverse or contrary to the requirements or purpose of these regulations. The location and alignment of public utilities may be changed if necessary as the result of final engineering design between the preliminary develop- ment plan approval and the final submission. Preliminary development plan approval does not authorize construction of improvements within the subdi- vision. SECTION IV. The Planning Commission shall conduct a public hearing as N soon as permitted by law and report its recommendations on the proposed W amendments to the Town Council within 60 days of the adoption of this CO resolution. Q Mr. Curry felt it would be better to list the requirements separately (such as in Section (8)) separately before it goes to Planning Commission. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-9 - RESOLUTION - ESTABLISHING A RATE FOR WATER CONSUMPTION AT LEESBURG MUNI- CIPAL AIRPORT. On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, the town has rehabilitated the existing well facility at Lees- burg Municipal Airport for use by Janelle Aviation and the Federal Avia- tion Administration; and WHEREAS, this facility is not interconnected with the town's general water supply system; and WHEREAS, a separate water service rate is, therefore, appropriate: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A user charge rate of $3.04 per 1,000 gallons of water consumed is estab- lished as the rate for all establishments connected to the town's airport water supply. Individual customers shall also be billed a $3.00 per quarter service charge. Statements shall be rendered based on quarter- ly water consumption. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-1D- RESOLUTION - MAKING AN APPROPRIATION FOR THE ILLUMINATION OF THE EAST MARKET STREET SIGN. On motion of Mr. Bos, seconded by Mrs. Hill, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: r� MINUTES OF JANUARY 9, 1985 MEETING. 3 An appropriation is made to the General Fund, Account No. 4102.701, Market Street Improvements, in the amount of $600.00 for the fiscal year ending June 30, 1985. Mr. Kelley recalled that the low bid was $329.00 and asked for :what the balance is to be used? Mr. Minor explained that this is for two ground lights and they do not know the exact cost yet. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-11 - RESOLUTION - AUTHORIZING THE EXECUTION OF A CONDITIONAL SALES CONTRACT FOR THE PURCHASE OF A MOTOR GRADER. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolu- tion was proposed: WHEREAS, on December 12, 1984, the Council of the Town of Leesburg authorized the procurement of a motor grader from Bemiss Equipment Corporation at Richmond, Virginia; and WHEREAS, Council also authorized the town manager to enter into an agreement with the Sovran Leasing Corporation for the purchase of the equipment. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia that the town manager is hereby authorized and directed to enter into, execute and deliver on behalf of the town, Conditional Sales Contract(s) (at an annual percentage rate of 9.25%) , and such documentation required with Sovran Leasing Corporation whereby this town will purchase the equipment described in said Conditional Sales Contract(s) . Mr. Minor explained that the original authorization was for a "lease-purchase" but was determined by Mr. Martin to be a conditional sales contract. We, there- fore, determined that they needed a more explicit action on the part of the Council. Also, Sovran requires that this be adopted before they will execute the contract. Durigg this time the interest dropped a quarter of a point. Money was originally budgeted to rent this equipment but it was found to be more economical to finance the equipment over three years. We would have to buy, lease or rent a motor grader this year - now we can procure a brand new . piece of equipment and do it for about the same amount we had in the budget to rent it. Outside counsel from Lynchburg has issued an opinion that this is within our powers. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mr. Kelley, seconded by Mr. Tolbert, Council voted unani- mously to go into executive session, pursuant to Section 2.1-344(a) (1) of the Code of Virginia, 1950, as amended, to discuss personnel matters: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Mayor Sevila reconvened the meeting, stating that no action was taken in the executive session. On motion of Mr. Tolbert, seconded by Mrs. Hill, the following appoint- ment was unanimously made: John A. Ross to the Economic Development Advisory Committee for a term expiring June 30, 1985. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. MINUTES OF JANUARY 9, 1985 MEETING. 329 On motion of Mrs. Hill, seconded by Mr. Kelley, the following appoint- ments were unanimously made to the Environmental Advisory Commission, said terms to expire June 30, 1986: Reappointments: Vance Lee Fowler Fred Z. Hetzel Colin MacDiarmid Appointments: Rev. Howard Wilson Leonard McDonald James Bles Ron King Mary Anne Newman It was noted this will make a total of 13 members on this Commission. The motion was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mrs. Hill, seconded by Mr. Williams, the meeting was adjourned. m a Mayor aej Clerk of the Council