HomeMy Public PortalAbout1985_02_27 350 MINUTES OF FEBRUARY 27, 1985 MEETING.
(2) There was some confusion in the preparation of the booklet they
have. In the preparation of that report, he did not take into account the
proffers made by them for ZM-45, which had to do with the cloverleaf for the
intersection of Exeter Drive and the Route 15 ByPass. They had proffered to
keep that approximately five-acre dedication in open space and perpetuity -
that stands.
(3) There was a question regarding guidelines for signs. They are commit-
ting themselves to follow the guidlines of EDAW for the East Market Street design
study.
(4) They have prepared architectural elevation for the proposed neighbor-
hood convenience center and submitted a couple of copies with this letter. This
will be available for work sessions.
(5) They have reduced the parking associated with the convenience center
by the 44 percent - reducing it from 360 spaces to 238 spaces. They have reduced
the acreage of the site by one acre as-well.
(6) The technical staff requested that we submit all the street names
for the proposed streets. This has been done on the Land Use Plan.
(7) They have applied for the Planned Residential Neigbhorhood zone, rather
than the Planned Residential community zone. •
(8) The final point indicates what the revisions -to the land use plan were
and he has discussed each of these tonight. •
Mr. Robert Stevens of 603 Clearwater Court, Herndon asked Mr. Blumberg if
he had any idea of the impact of the increased traffic on southbound 15 with the
ramp up onto Route 7 during peak use_times? Will this present any problems since
it is not regulated by lights? Mr. Stevens also asked if the section to the
east side of the elementary school is also Exeter? Mr. Blumberg explained that
this was zoned and_subdivided_under--current zoning and is not a part of Exeter.
Mr. Stevens said he had signed a contingency contract for one of the homes in
Exeter this last week-end and acknolwedged the fees for the Exeter Homeowner's
Association. He wondered if the people in this other section would also belong
to this HOA. He was also concerned with the Route 7 interchange - it is not that
good at peak times now. Mrs. Hill advised that the Highway Department will be
looking at this plan and Mr. Kelley suggested that he talk with Mr. Kuchta re-
garding his other questions.
Mr. Alton Echols said he has followed this proposal for about a year and a
half and watched its progress and the Planning Commissioners struggle with it,
.as well as watching the staff work with it.and the engineers and the owners work
with them. Unlike several developments in Leesburg, he has noticed that both the
staff and the Planning Commissioners exercise a general concern for the residents
in the area. To this extent, as a citizen, he wished to compliment both the
staff and the Planning Commissioners and the owners or. developers of Exeter
on two items. The residents in Carrvale (and he represented several) were genu-
inely concerned with having Plaza Street as a straight thoroughfare through
their development and extending upwards to Catoctin. With the changes proposed
by the owners, he does not believe the people in Carrvale have any real problem.
Secondly, when they went into this, the recommendation of the Leesburg Area Man-
agement Plan was for 15 acres for a school site. Here they are getting 22 acres
and he knew this was a struggle to change their plans. This sets an excellent
example for the rest of the developers to follow. If other developers will work
as closely with the staff and the Planning Commissioners, we will have the type
of Leesburg in ten years that all of us want.
On motion of Mrs. Hill, seconded by Mr. Kelley, Council voted unanimously
to refer this to the Finance and Administration Committee for its March 19th
meeting:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert and Vice Mayor Williams.
Nay: None.
PUBLIC-HEARING ON PAXTON MEMORIAL HOME REZONING - ZM-57.
Mr. Terry Titus, principal in Bengtson, DeBell, Elkin & Titus and represent-
ing the Trustees of the Paxton Memorial Home, said the Paxton Home Trustees are
requesting to rezone approximately 16 acres on the southerly portion of their
tract from existing County R-1 to Town R-1. Zoning on the north and east of
MINUTES OF FEBRUARY 27, 1985 MEETING.
351
this tract is presently zoned Town R-1, with the land to the east proposed
for a PUD development. Their proposal to R-1 is for a 10,000 square. foot:.mini-
mum. The land to the south is R-2 - 8,000 square feet. The Trustees felt that
a 10,000 square foot minimum was what they desire to have as their neighbor and
the type of development they want. This request is in conformance with the
Plan and with the surrounding area. Several years ago, the Trustees conveyed
off a portion on the west of their property and within the next few years will
lose their availability for access. In the next few years they will be using
Wildman Street as one of their accesses - this precipitated the possibility of
them developing or subdividing (one or both) this portion of the tract. They
are.looking at_a density of about three to the acre: . They have_done no sketch
plan orpreliminarylayout. They believe this request is compatible with the
general area and the Town Plan and respectfully request that Council affirm the
recommendation of the Planning Commission and grant this rezoning request as
suggested.
Mr. Bos asked if they had any idea how long it would take to sell the lots
and develop it? Mr. Titus advised that their time frame is two to three years
and he would suspect that nine to ten of those lots will be ready to be developed
in that time.
On motion of Mrs . Hill, seconded by Mr. Tolbert, Council voted unanimously
to move this item to Finance and Administration Committee,-with Mr. Kelley absent
at the time of the vote:
N Aye: Councilmembers Bos, Coffey, Hill, Tolbert and Vice Mayor Williams.
W Nay: None:
C0
Absent: Councilmember Kelley.
COUNCILMEMBERS' COMMENTS:
Mr. Bos commented that the Town is planning on some airport improvements
according to the Master Plan - the runway will be extended to the north for
about :.1,000 feet, along with apron improvements and enlargements. There
were tenorso firms initially contacted and these were narrowed down to four
applicants. All four of these firms were interviewed yesterday and today. All
I
four are excellent and any one could do the job - there are different engineering
approaches, different types of economies and different types of personnel involved.
It will be a challenge fo pick the best one for Leesburg. Mr. Tolbert felt it will
be difficult to decide - all four are good engineers.
Mrs. Hill reported that the Cable Commission met last night - they did not
have too much to report due to the winter weather. This did gain 90 new custo-
mers during January and February. They are pre-wiring the Econo-Lodge now.
Mr. Williams reported that the Environmental Advisory Commission met last
night,theywere happy to have Mr. Bos as a guest. They are still in the process
of establishing some goals and objectives and hope this will take place very soon.
LeRoy and Cannon, local realtors and appraisals, sent a letter to the Mayor
with respect to two comments made before the Council last week by Mr. Echols.
This letter was read into the record by the Clerk.
Mr. Kelley advised that the Economic Development Advisory Committee will
have a special meeting tomorrow night regarding suggestions they have had - they
feel very strongly that it is time for the committee to reassess its priorities
and goals and attempt to set some new goals. The certification program is in its
ending phases. They hope to come up with a very comprehensive plan to continue
the work of that committee, with the assistance of staff. There has been some
consideration for reopening Shenandoah Street.and the alignment of general traf-
fic in that area. They formed an ad hoc committee that met with residents of
Brandon, Silver Oaks, staff and Mr. Butler, Resident Engineer of The Highway De-
partment. Mr. Brownell was also there. They had a very interesting meeting
and invigorating conversation, without people getting excited. They attempted
to invite Mr. Echols, but he was apparently out of town. He has been invited
to come to the Public Works Committee meeting on next Monday - he has land in-
j volved in this traffic pattern. There will be another meeting on March 11th
at 7:00 p.m. They hope to continue this to resolve the existing transporta-
tion problems. Also, over the week-end, there was the potential for a real
"incident" with a guest speaker at the American Legion dinner. He complimented
Chief Kidwell and members of his force and Lt. Cooper from the County - the man-
ner in which the demonstrators acted and the reaction of the Police Department
certainly needs to be complimented. They took the tension out of the situation.
MINUTES_OF. FEBRUARY 27, 1985 MEETING.
352
Mr. Tolbert added that he was involved in getting protection set up for the
marchers.
MAYOR'S REPORT:
Vice Mayor Williams advised that Claudia Smith will no longer be our reporter
from the Times-Mirror - Patty Snodgrass will be taking over these duties. He wel-
comed her.
MANAGER'S REPORT:
(1) Town Manager Jeff Minor reported that we have finally finished the
preparation of the deed for the Prospect Hills tank site we are conveying to the
adjacent property owners. The costs for the survey work and legal services will
be paid on a pro rata basis by the owners. Once we receive those payments, we
will give them a signed deed to the property.
(2) We have received a very important approval from EPA on the extension
for the Notice to Proceed on our Wastewater Treatment Plant. This gives the town
until June 30 to issue this notice. Our former deadline was December 31, 1984
and this gives an additional six months from that date. This retains our seventy-
five percent grant and gives the town flexibility contingent on the date for de-
cision from the EPA. If there is an adverse ruling with respect to either pro-
test and if this can be rendered within the next two or three weeks, the town is
in a good position to rebid the project with the revised design for the filter
bed and other cost-saving measures.and still come in in time to award the con-
tract prior to June 30, 1985. This is based on a reasonable date from EPA as to
when they will render a decision on both of these protests. Hopefully, we will
prevail on both of these.
(3) We published in the Times-Mirror today an ad for a_building_lbt'_ __
the town has for sale on Dodd Drive in Andover Meadow.
(4) The Engineering Department is working on the storm water management
regulations and storm water master plan update. Our goal is to issue an RFP and
award a contract to an enginering firm to prepare a utility master plan and the
storm water master plansbeforethe end of this fiscal year. We may not make the
deadline for the utility master plan, but are confident of the storm water one.
(5) He echoed Mr. Kelley's remarks concerning the incident at the Laurel
Brigade Saturday night. He had an opportunity to have dinner therewith his
family (not a member of this group) and witnessed the events that took place
without any problems. Both the officials of the American Legion and the indi-
viduals representing the demonstrators were extremely cooperative. Both sides
worked with us to insure that everybody..had all_their`_constitutiondl=tights-pro-
tected. There were about seven officers on duty at various times - he compli-
mented them for an excellent job. We were also helped by the demeanor and coopera-
tion of all the participants .- we are very grateful for that.
LEGISLATION:
On motion of Mrs. Hill, seconded by Mr. Kelley, the following ordinance
and resolutions were proposed and unanimously adopted:
85-0-4 - ORDINANCE - AMENDING SECTION 12.1-49 .2 OF THE TOWN CODE REGARDING THE
EMPLOYEE OPTIONAL BENEFITS PROGRAM.
WHEREAS, in 1982 the Leesburg Town Council adopted an optional benefits
program for the employees of the town; and
WHEREAS, recent regulations promulgated by the Internal Revenue Service
require adjustments in the structure of the adopted optional benefits
program; and
WHEREAS, these adjustments will not require additional funds:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Article 17, Employee Benefits, of Chapter 12.1 of the Town
Code, Section 12.1-49.2 thereof, is repealed and a revised Section
12.1-49.2 is adopted to read as follows:
MINUTES OF FEBRUARY 27, 1985 MEETING.
351
Section 12.1-49.2. . Employee Optional Benefit Program.
(a) All full-time employees are eligible to participate in an optional
benefit program which is hereby established. Subject to annual ap-
propriations the amount available for each employee shall be $500.
The plan will be administered by the town manager under the follow-
ing policies :
(1) The plan will be administered on a fiscal year basis. New em-
ployees are eligible to participate in this program following
six months of service.
(2) Prior to the beginning of the fiscal year, each employee shall
select his or her optional benefits for the ensuing year from
those available. The optional benefits selected cannot be
changed during the fiscal year unless the employee has had a
change in family status such as marriage, divorce, death of
immediate family member, birth or adoption of a child or a
change in the employment of spouse.
(3) Employees may select from both non-taxable and taxable bene-
fits annually. No part of any unused optional benefit may be
carried over to subsequent fiscal years.
N (4) Benefits shall be paid twice per fiscal year on December 31
W and June 30 based on requests for reimbursement to be received
by the Department of Finance no later than December 15 and
CO June 15 respectively._ Employees_.electing to use the benefit
for dependent or family group health/major medical premiums
payments will have the pro rata amount of the premium applied
to the biweekly payroll deduction for hospitalization/major
medical insurance. Requests for reimbursement must include
documentation supporting the costs to be reimbursed. This
documentation will include paid receipts, cancelled checks
and/or other evidence to support the claim as approved by
the town manager.
(b) Employees are authorized to select any of the following benefits in
any combination up to a maximum amount of $500. All benefits under
the heading of "non-taxable" will not be subject to federal_and
state income taxes or social security withholding. Benefits under
the heading "taxable" are subject to federal and state income taxes
and social security withholding.
NON-TAXABLE BENEFITS
(1) Group life insurance. Additional amounts of group life in-
surance may be selected in $10,000 increments up to $40,000
exclusive of the $10,000 of insurance available to all full-
time employees.
(2) Spouse or dependent health care insurance. Coverage up to
$500 of the total annual premium for family or dependent hos-
pitalization/major medical coverage under the town's group plan
may be selected.
(3) Medical expense reimbursement. Employees may elect to receive
reimbursements for medical expenses incurred by immediate
family members not covered in whole or in part byy payments
under the town's major medical/hospitalization group plan.
These expenses include the professional services of a phy-
sician, dentist, ophthalmologist, psychiatrist, optician,
psychologist, family counselor, chiropractor, any prescribed
or required diagnostic examination, prescribed drugs or medi-
cal, ophthalmological or dental devices:or appliances.
(4) Life insurance. Additional amounts of group life insurance
mau be selected in increments of $10,000 for coverages ex-
ceeding$50,000.
MINUTES OF FEBRUARY 27, 1985 MEETING.
354
(5) Health club memberships. Employees may elect to seek
reimbursement for individual memberships to health, fit-
ness and/or swim clubs whose purpose is to promote physi-
cal fitness. Examples of eligible activities include
swimming pool memberships, aerobic and/or weight training
programs. Specifically excluded are dues and membership
fees for country clubs, golf courses, tennis and other
racket sports .
Employees selecting taxable benefits shall have an obligation to report
the value of this benefit on their income tax return and to pay all ap-
plicable federal and state income taxes as appropriate.
SECTION II. All prior ordinances and resolutions in conflict are hereby
repealed.
SECTION III. This ordinance shall be in effect_upon its passage.
85-30 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING A PORTION OF THE PER-
FORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR FLINT
RIDGE SCHOOL.
WHEREAS, the Flint Ridge School has completed its public improvements in
accordance with town standards and specifications and these have been in-
spected and approved; and
WHEREAS, certain grading and landscaping has not been completed due to
the winter weather:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The public improvements for the Flint Ridge School are ac-
cepted.
SECTION II. The irrevocable credit line/letter of credit for the public
improvements at Cardinal Industrial Park, Lot 3 may be reduced to the
amount of $1000, $300 as a maintenance bond on the public improvements
and $700 remaining as a performance guarantee for the grading and land-
scaping to be performed when weather permits. The maintenance bond to
be in effect for a period of one year from this date.
85-31 - RESOLUTION - ACCEPTING THE PUBLIC IMPROVEMENTS, RELEASING A PERFORMANCE
BOND AND APPROVING A MAINTENANCE BOND FOR McKIMMEY'S FEED
SERVICE, 27 EAST SOUTH STREET.
• WHEREAS, the public improvements for McKimmey's Feed Service at the
southeast corner of Church and South Streets have been completed 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 for McKimmey's Feed Service at the
southeast corner of Church and South Streets are accepted.
SECTION II. The cash performance bond is reduced in the amount of
$7,073, with $373 to be retained as a maintenance bond. The mainte-
1 nance bond to be in effect for a period of one year from this date.
85-32 - RESOLUTION - RELEASING THE ESCROW ACCOUNT FOR LANDSCAPING TO CEDAR
WALK, INC.
WHEREAS, the installation of landscaping in the public right-of-way
has been completed and inspected for Cedar Walk Subdivision:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir-
ginia as follows:
The escrow amount of $2,500 is released to Cedar Walk, Inc. for the
installation of landscaping in the public right-of-way.
MINUTES OF FEBRUARY 27, 1985 MEETING.
85-33 - RESOLUTION - APPOINTING MEMBERS TO THE BOARD OF ARCHITECTURAL REVIEWS 5
WHEREAS, the Mayor and Council have agreed on a slate of candidates
for appointment to the Board of Architectural Review in accordance
with Section 10A-4-2 of the Leesburg Zoning Ordinance.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The following appointment is made to the Board of Archi-
tectural Review for a term ending June 30, 1985:
Philip P. Brownrigg
SECTION II. The following appointments are made to the Board of Archi-
tectural Review for the terms ending June 30, 1986:
Teckla Cox Martha Lynch
•
SECTION III. The following appointments are made to the Board of Archi-
tectural Review for terms ending June 30, 1987:
W. Emory Plaster B. Calloway Jones
Aye: Councilmembers Bos, Hill, Kelley, Tolbert and Vice Mayor
Williams.
W Nay: None.
Q85-34 - RESOLUTION - ESTABLISHING FEES FOR CONNECTIONS TO THE SEWAGE MAIN IN THE
AIRPORT DRAINAGE AREA.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution
was proposed:
WHEREAS, Section 15-15 of the Town Code authorizes the town to collect
pro rata fees for sewer conveyance facilities for town constructed fa-
' cilities necessitated at least in part by future subdivisions or de-
velopment of land; and
WHEREAS, the town has constructed a sewage pumping station and 9,200
feet of 8", 10" and 12" gravity sanitary sewer and sewage force main
to serve the Leesburg Municipal Airport and adjacent drainage area; and
WHEREAS, it has been determined that ten percent of the costs of the
installation of these facilities is for public benefit, ten percent
for the airport and eighty percent is for the benefit of the land
owners adjacent to these sewage facilities:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The airport sewer pro rata facilities charge is hereby es-
tablished at $1.15 per gallon per day of wastewater flow as calculated
for availability charges. Residential flow shall be measured as 200
gallons per day per unit regardless of the number of bedrooms.
SECTION II. The fee as specified in Section I above shall be paid
prior to the issuance of sewer connection permits for new connections
to the airport sewage line. Said fees shall be in addition to all other ;. _ ____ .
availability and connection fees the town is authorized to collect.
SECTION III. The fee shall be adjusted by the percentage increase or
decrease in the Engineering News Record construction costs index value
at the time of application. The current construction cost index value
from which the indrease or decrease shall be measured is 4176-.
SECTION IV. The fee shall run with the property and the town manager
shall maintain for public inspection a record of facilities subject
to these fees.
MINUTES OF FEBRUARY 27, 1985 MEETING.
356
Mr. Kelley inquired as to what the 4176 represents in this index. Mr. Mason
explained that the Engineering News Record magazine.:publishes a series of
indexes with the basis being some previous year - it is calculated on a number
of factors that they keep constant records on, prices of mortar, steel, bricks,
labor, etc. - this is a reflection of a composite of them. From January 1984
to January 1985 the increase was 2 percent. The resolution was unanimously
adopted:
Aye: Councilmembers Bos, Hill, Kelley, Tolbert and Vice Mayor
Williams.
Nay: None.
85-35 - RESOLUTION - MAKING AN APPROPRIATION FOR LEGAL, FINANCIAL AND ADMINIS-
TRATIVE SERVICES FOR THE WASTEWATER TREATMENT PLANT EXPAN-
SION PROJECT.
On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution
was proposed and unanimously adopted:
WHEREAS, due to recent developments that have occurred with respect to
awarding the contract for the wastewater treatment plant expansion proj-
ect; and
WHEREAS, as a result of these developments, the town has incurred legal
expenses not originally anticipated; and
WHEREAS, these services are necessary for the successful completion of
this project:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
An appropriation is made for the Wastewater Treatment Plant Expansion
project, Account Number 8400-250, in the additional amount of $32,300
which shall remain in effect until the project is complete.
Aye: Councilmembers Bos, Hill, Kelley, Tolbert and Vice Mayor
Williams.
Nay: None.
85-36 - RESOLUTION - ENDORSING KEEP LOUDOUN BEAUTIFUL'S ANNUAL CLEAN-UP.
On motion of Mr. Tolbert, seconded by Mr. Bos, the following resolution
was proposed:
WHEREAS, Leesburg is blessed with unusual natural beauty; and
WHEREAS, past efforts by many individuals and organizations have con-
tributed 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 5 through
April 23, 1985 as Spring Clean-up Weeks.
SECTION II. The Leesburg Town Council urges all individuals, families,
__- __businesses, -organizations, clubs_and -groups; governmentafas well:.as__
private, to cooperate with Keep Loudoun Beautiful in this worthy effort
to benefit the Town of Leesburg.
Mr. Bos said everyone is proud of what Mr. Tolbert has done for Keep Loudoun
Beautiful in the last several years and those working with this group should
all be commended for their efforts. The Environmental Advisory Commission
was talking about an on-going litter program the other night - he hopes they
can get something going that will fill the gaps so it will be an ongoing pro-
gram in town. Mr. Williams added his appreciation for the work Mr. Tolbert has
done with Keep Loudoun Beautiful. Today he presided over a very large meeting
of the entirei,organization, with a speaker from New York - she represented the
Philip Morris , Company and Keep America Beautiful. She made an inspiring speech
today and noted that while many communities were certainly in need of beautifi-
cation, Loudoun County was extraordinary in its ability to keep clean. .She.en-
couraged the community to continue the annual program. She even suggested a
365-day a year clean-up program. This is worthwhile=and certainly fits-
1
I MINUTES OF FEBRUARY 27, 1985 MEETING. r�
into the Environmental Advisory Commission's over-all policy plans to work 35 .
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hand in hand with Keep Loudoun Beautiful. Due to Mr. Tolbert's efforts,
KLB has furnished a Litter Control Officer (Mr. Sproull)who will be checking
with the Town Manager from time to time on efforts that can be made to keep
litter under control in the town. We will be looking to Mr. Minor to develop
some guidelines for Mr. Sproull. In addition to that, the town gets money
from the State. , It is generally spent on securing trash containers and liners.
The town looks very good due to many efforts with KLB.- an average of 200
members. The purposeof this resolution is to encourage town citizens:to.
participate in this campaign. The resolution was unanimously adopted:
111 Aye: Councilmembers Bos, Hill, Kelley, Tolbert and Vice Mayor
Williams.
Nay: None.
On motion made and duly seconded, the meeting was adjourned at 9:05 p.m.
/ Mayor
e-} i (...-CAIN "�' e,
Clerk of the Council
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