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HomeMy Public PortalAbout1985_06_12,i 418 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL JUNE 12, 1985 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on June 12, 1985 at 7:30 p.m. The meeting was called to order by the Mayor, with the invoca- , tion given by Mr. Tolbert, and followed with the Salute to the Flag led by Mrs. Hill. Present were Mayor Robert E. Sevila, Councilmembers, Charles A. Bos, Arl Curry, Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. , and Charles Williams; also, Director of Finance Paul York, Planning Director, Martha Semmes and Director of Engineering Tom Mason; Planning Commission members Pelkey, Belles, Jackson, Webb and Lay. A motion by Mr. Tolbert and seconded by Mrs. Hill that the minutes of the regular meeting of December 12, 1984 and the special meeting of December 17, 1984 be approved. Mr. Williams had a correction to the December 12 minutes as follows: The Resolution 84-235, on page 311 , the word nine lines down in the first paragraph be corrected to say minister, not administer. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None PETITIONERS Louise Marshall was present on behalf of the citizens of Country Club Apartments. The matter at hand was the intersection of Clubhouse Drive and Route 15 South. The intersection needs immediate attention because of so many accidents that occur. Her suggestion was that something be done to slow traffic there or not allow passing there. Mayor Sevila asked Mr. Minor what the current status was of the inter- section review by staff and VDH&T. Mr. Minor, said Director of Engineering and Highway Department Representative Tom Butler met at the site and there are two interim suggestions that won't solve the problem but may help II/ somewhat. First, additional lighting could possibly help at night. • Secondly, reflecterized delineator posts on the median could help. Third, is a traffic signal. This will probably not meet the highway department requirements. A meeting has ,been set up for this coming Monday at 2:00 with several representatives from the highway department and the town to meet on site again. Mrs. Marshall was asked to attend if she so wished. Mr. Williams wanted to know if a police officer at peak periods would help. Mr. Minor said they have not considered that. He said they would be too short handed to place an officer at this intersection. Mrs. Marshall stated that a light at night will not help since all accidents there occured during daylight hours. Mrs. Marshall then presented Council with a petition: CONTRIBUTION TO LOUDOUN RESCUE SQUAD A contribution was presented to the Loudoun Rescue Squad in the amount of $9,500 to President Joyce Caviness. It was mentioned that the Caviness' were leaving the area and that their dedication to the. Rescue Squad is to be commended. JOINT PUBLIC HEARING WITH THE PLANNING COMMISSION REGARDING PARKING REQUIREMENTS IN THE H-1 OLD AND HISTORIC DISTRICT The Chairman of the Planning Commission stated therewas a quorum of the Planning Commission in this joint public hearing. Planning Director Martha Semmes explained that this would amend the Old and Historic District parking requirements. Currently there is a parking exemption for properties within •500 feet of a municipal parking lot. Right now mostdevelopers in the Old and Historic 'District do not JUN12. 1 419 MINUTES OF JUNE 12, 1985 MEETING need to provide off street. parking. This will allow old building redeve— lopment without needing to tear down buildings for parking and would pro— vide money for parking in the future. Alton Echols stated that he was one of the owners of open land in the Old and Historic District. He wanted to compliment the staff on addressing this. He said that he could not now develop his land as intensely as he wanted to. He said he had two suggestions: First, there are several applications that have been filed. There is criteria that must be met and they should be handled individually. Secondly, they need to address the requirements of the remaining acreages that will fall under the new rules. There has been intense development without adequate parking at the Market Square project. The town must help provide a solution for Leesburg parking. The burden should not be put on the owners of the downtown land. The public hearing was closed. The Planning Commission will consider this matter on June 20 and the Council would then considerit on June 26. JOINT PUBLIC HEARING WITH PLANNING COMMISSION REGARDING AMENDMENT TO ZONING ORDINANCE REGARDING SIZE REGULATIONS FOR FLAGS JOINT PUBLIC HEARING WITH PLANNING COMMISSION REGARDING AMENDMENT TO ZONING ORDINANCE CONCERNING HEIGHT LIMITATIONS. It was suggested that the above two items be considered together. Planning Director Martha Semmes stated that these hearings address .a problem concerning the display of excessively large flags or an excessive number of flags. An oversized flag would now fall as part of the entire sign area that can be used, therefore discouraging use of oversized flags. It limits number of flags that can be used on a property to three and it establishes a threshold of 72 square feet which is three typical size flags. Height limitations will remove flag poles from the current exemp— tions from height restrictions. Under this proposed item they will be limited to twelve feet tall. Also, radio and TV antennas and commercial aerials were removed from the exemption. Terry Titus wanted to know if this precluded commercial towers from ever being extended beyond their existing height. Mrs. Semmes said there is a separate limitation in residential areas for buildings and structures. In the commercial area there is none men— tioned for structures, only buildings. An antenna is a structure and is not now limited in commercial and industrial districts. This proposed amendment would not affect existing antennas. The Mayor closed the public hearing on these items at this time. He asked that the Planning Commission adjourn and consider these proposed amendments and report back to Council later this evening. The Mayor further said this was not an anti-American, anti—flag move. He said the oversize flags are being used to create a landmark to avoid sign limitations and restrictions in areas. PUBLIC HEARING ON PROPOSED AMENDMENTS TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING INFORMATION REQUIRED ON PRELIMINARY PLATS AND PLANS. The staff report was given by Town Manager, Jeffrey Minor. He stated that this was an opportunity to give the Planning Commission more infor— mation. Another purpose is to provide some configuration regarding utili— ties that will be provided to the site. There also needs to be a consistency between preliminary plats and preliminary development plans. Road widths, etc would also now be provided. Three technical changes are delete paragraph 3(h) which requires information on all overland water courses and drainage structures. In 4(i) it asks that all drainage impro— vements be shown on the preliminary plat. In 5(c) on page 3 the soils application should already have been filed with the County. JUN12.2 420 MINUTES OF JUNE 12, 1985 MEETING 1 Terry Titus representing himself solely, not his firm or clients, felt that the new requirements are overkill at this stage. They are needed information but not at this stage. Most developers simply do not have this information at the time the preliminary plat is prepared. He understood that staff was going to do away with these requirements. State Code Sec. 15. 1-476 provides that an owner can prepare such a plat. Mr. Titus stated that an owner cannot possibly provide what the staff is asking for. He asked that Council review the state code and compare it with the ordinance to see if it complies. Mr. Williams asked how many preliminary plats he had seen that had been prepared by owners. Mr. Titus replied that not too many come through like that. Alton Echols asked if this meant all trees on the entire acreage to be developed be shown on the plat or only those over 8" that are in roadway areas? - Mrs. Semmes stated that the intent was to show which trees on the land would be lost due to the development. Mr. Echols wanted to know if right now any owner can go in and cut down trees before submission of the preliminary plat. Two recent developers have gone in and cut down trees, and he is also getting ready to do the same. If this is not addressed carefully, developers could go in and strip the land . well before they submit their preliminary development plan. David Bowers of Patton, Harris, Rust & Associates called question to type one soils. and type two soils. How is this going to be controlled? Even the. County is still having difficulties with their requirements. These requirements could add large costs to the development process. Mr. Curry stated. that these were. more engineering oriented concerns rather than Planning Commission concerns. Mr. Bos asked how. generally close these requirements are now to the County ordinance and how does the county ordinance function with respect to the entire process? Mr. Bowers said we are leaning toward what the county requires. Al Perry was unclear about the State Code regarding the plat being prepared by professionals. Are you going to get counsel's opinion? Mayor Sevila replied that this would be put before the Council 's Finance and Administration Committee and they would determine if the Town Attorney would be asked for an opinion. Mr. Perry thinks it is paramount that an owner should be allowed to come before a public body with their own preli- minary plat. - On motion of Mrs. Hill and duly seconded the proposed amendments to the Subdivision and Land Development Regulations be referred to the Finance and Administration Committee meeting of next Tuesday. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None • PLANNING COMMISSION REPORT. • Lynwood Lay, Chairman of the Planning Commission; reported that the Commission has voted unanimously to recommend to the Council that Resolutions 85-77 and 85-78 be passed as proposed. COUNCILMEMBER COMMENTS: Mr. Bos commented that the Board of Architectural Review met in special session to consider. the application for the vegetable stand at Lee' s parking lot. They were concerned with the temporary structure proposed, and that it could prompt more temporary stands in the future. Another concern that was brought to his attention was the fact that the heating and air conditioning units at the new condos at Firemen' s Field protruded from the building. They were not shown on the plans that way. Lastly, the Bluemont Concert Series will start on June 23. JUN12.3 421 MINUTES OF JUNE 12, 1985 MEETING Mrs. Hill reported that the Cable Commission had met on June 11 and that Mr. Bussard's "Quality Inn" will have 130 new connections. Basic con- ' nections now stand at 2056 which is down by 50. Some of this was due to non-payment and others were getting rid of their cable service. Premium is at 2854 which is down by 42. Mr. Curry stated that the Planning Commission met June 6 and approved a final plat for Rosestone Court on Valley View Avenue. Also the final plat of Prosperity Acres, which includes Tudor Knolls, was approved with the condition that Prosperity Avenue be constructed whenever the northern portion of that subdivision is developed. Approval was also given for a preliminary development plan for Lot 4 of Cardinal Park. The Preliminary Plat of Southaven Subdivision on Wage Drive was approved. Mr. Kelley reported that the Economic Development Advisory Commission had met this morning. A problem in the certification process concerning the video that VEPCO did whereby this video is not acceptable was men- tioned. The committee is now in the the process of finding someone to help them put together one of their own. The marketing brochure is coming along. A presentation by Norman Myers on DBA meeting referencing the Main Street program was given at the EDAC meeting. Mr. Myers will be at the Finance and Administration Committee meeting next week. Mr. Tolbert reported on the flight to Chesterfield and Hannover Airports this past Monday to visit these facilities. The difference in the two airports was a good example of the rights and wrongs of running airports. Mayor Sevila commented on the DBA and the Main Street program. They voted to consider the town' s participation in the Main Street Program. There are 47 towns in the state that quaLify,. of these 27 were at the How to Apply Seminar. How the actual funding would occur was left for future consideration. The town would have to commit to funding approximately $35,000 toward this program. The business community would have to come up with about half of these funds. He also went on to speak of the overwhelming response to the Ida Lee Park donation. The Recreation Advisory Committee should be put back onto the Finance and Administration Committee agenda for consideration. This would be a vital source of input from citizens. Conveyance of the land, of course, must come before anything gets started. A commendation was made to Mr. Minor and his staff for the safety measures they had recently taken regarding removal of old street sign poles. MANAGER' S REPORT: 1 . He stated that the Xerox Developers have offered to provide a meeting for the Council regarding this development. Thursday, June 20 at 5:00 p.m. was chosen. 2. The sewage treatment plant expansion project is moving forward. The contract and a change order have been executed. There was a pre- construction conference with the engineers and the EPA. There will be a groundbreaking ceremony on June 28 at around 4:00. This will be contingent on the schedule of Congressman Wolf. 3. Another major construction item is the airport apron construction and runway expansion project. A tentative allocation from the federal government will be forthcoming. A good possibility that some 1985 funds will also be available has also been mentioned. 4. The Planning staff did accept an invitation from Mr. Rust to meet with Meade Palmer, a master planner for the park, to briefly discuss some of the plans. 5. As part of the National American Waterworks Conference that will be held in Washington, DC, we were honored that they requested a tour of our water plant. This will occur the week of June 23. JUN12.4 422 MINUTES OF JUNE 12, 1985 MEETING _ Mayor Sevila added that he received the resignation of Alan Raflo from the Environmental Advisory Commission. Mr. Kelley mentioned that the terms of the Economic Development Advisory Commission expire this June. .All members are interested in reap- pointment and this should be addressed at the next Finance and Administration-Committee. meeting along with consideration for a replacement for Mr. Raflo on the EAC. At this point the council recessed for five minutes. I LEGISLATION: On motion of Mrs. Hill and seconded. by Mr. Williams the following ordinance and resolutions were unanimously adopted as consent items: 85-0-10 - ORDINANCE - AMENDING CHAPTER 12. 1 OF THE TOWN CODE REGARDING REVISED PAY AND CLASSIFICATION PLAN ORDAINED by-the Council of the. Town of Leesburg in Virginia as follows: SECTION I. Section 12. 1-10 of the Town Code, Classification of town employees by occupational group and pay grades, is amended to read as follows: Sec. 12. 1-10. Classification of town employees by occupational groups and pay grades. Employees in the town service are classified in the following occupational groups and pay grades: Occupational Pay Groups Positions Grade Executive-Managerial Zoning Administrator 16 " Director Utility Plants 19 ' " IIII II Director of Public Works 19 IIDirector of Finance 20 IIDirector of Engineering 20 it " Director of Planning, Zoning & Development 19 . Assistant to Town Manager 19 Law Enforcement Parking Meter Attendant 5 " " Police Private 11 " " Private First Class 12 " " Corporal 13 " " Sergeant 14 " " . Investigator .. 14 " " Lieutenant 16 " " Chief of Police 19 Administrative-Clerical Receptionist/Secretary . . 6 " II Secretary 7 " Police Clerk 7 " is Accounting Clerk 7 " " Administrative Assistant 9 " " Executive Secretary 9 " " Accounting Supervisor 10 " " Administrative Assistant-Planning 10 " " Clerk of Council 10 II" Deputy Clerk of Council/Planning i Secretary 7 Supervisory .Shop Superintendent 14 " Water Supply Superintendent 15 Street Superintendent 15 " Utility Lines Superintendent 15 " WPCF Suprintendent 15 Technical Utility Maintenance Assistant 7 " Senior Equipment Operator 9 it Meter Mechanic 9 " Utility Plant Operator-Assistant 8 JUN12.5 423 MINUTES OF JUNE 12, 1985 MEETING Pay and Classification Plan. Ordinance, Continued Assistant Street Superintendent 10 WPCF of Water Operator A 11 WPCF or Water Operator -B 10 Asst. Utility Lines Superintendent 10 Utility Plant Maintenance Foreman. . 12 Chemist . . 12 Asst. WPCF Superintendent 12 Facility Inspector . 14 Asst. Engineer 15 Principal Planner 16 Land Development Planner 12 . Planner I . 13 Construction/Maintenance Laborer 5 " Maintenance Person 7 " " Laborer-part-time 4 Mechanic 8 SECTION II. : Section 12. 1-15 of the Town Code, being the pay gradesfor compensation of employees in the town service, is amended to read as follows: Sec. 12. 1-15. Paytgrades and steps., . The pay grades for compensation of employees in the town. service are as follows: . Grade Range 4 $ 9,464-14, 182.. . . 5 10,322-15,496 6 11 ,050-16,588 7 11 ,830-17,758 8 12,662-19,006 9 13,520-20,280 . 1014,456-21 ,684 ll1 15,470-23, 192 12 16,562-24,830 13 17,732-26,598 14 18,980-28,470 15 20,306-30,472 16 21 ,736-32,604 17 23,270-34,892 18 24,908-37,362 19 • 26,650-39,988 20 28,522-42,796 21 30,524-45,786 32 656-48 22 ,984 23 34,944-52,516 SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. This ordinance shall be effective for payrolls upon filling the proposed positions. 85-82 - RESOLUTION - AMENDING POSITIONS. AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE AS ESTABLISHED. IN THE FY85-86 BUDGET • RESOLVED by the .Council of the Town .of Leesburg in Virginia as follows: The following positions and numbers of employees in the town service are established as follows: Number of Full-time Equivalent Positions Authorized Employees Authorized LEGISLATIVE DEPARTMENT Clerk of Council 1 Deputy Clerk (Part time) .5 JUN12.6 424 MINUTES OF JUNE 12, 1985 MEETING EXECUTIVE DEPARTMENT Manager 1 Assistant to Town Manager 1 Executive Secretary ' 1 Receptionist/Secretary, part—time .5 Administrative Assistant 1 FINANCE DEPARTMENT Director of Finance 1 Accounting Supervisor 1 Accounting Clerk 2 POLICE DEPARTMENT Chief of Police 1 Lieutenant 2 Sergeant 3 Investigator 1 Corporal 4 Private, 1st Class 5 Private 3 Police Clerk 1 Parking Meter Attendant 1 PLANNING AND COMMUNITY DEVELOPMENT Director of Planning, Zoning and Development 1 Zoning Administrator/Land Development Planner 1 Administrative Assistant 1 Principal Planner 1 Planner I 1 Secretary .5 PUBLIC WORKS DEPARTMENT Administrative Director of PublicWorks 1 e o Secretary .5 Streets Division Street Superintendent l Assistant Superintendent 1 Maintenance Person 5 Laborer 5 Laborer, temporary/part—time 1.25 Shop Division Shop Superintendent 1 Senior Equipment Operator 1 Mechanic 2 Laborer 1 I/ UTILITIES Water and Sewer Administration Director of Utility Plants 1 Meter Mechanic . 1 Accounting Clerk 1 JUN12.7 425 MINUTES OF JUNE 12, 1985 MEETING Number of Positions Authorized Employees Authorized Water Pollution Control Division - Superintendent l Assistant Superintendent _ 1 Maintenance Foreman "' ' - I " Operator A 2 Operator B 1 Operator Assistant 1 Laborer 1 ' Maintenance Assistant 1 Laborer, part-time - .5- Water Supply Division Superintendent 1 - Laboratory Chemist 1 Operator A 2 Operator Assistant 1 Utility Lines Division Superintendent 1 Assistant Superintendent 1 Maintenance Person 3 Laboier 3 ENGINEERING Director of Engineering 1 Assistant Engineer 1 Facility Inspector 2 Administrative Assistant 1 Receptionist/Secretary, part-time .5 Engineering Intern (temporary) .25 Total Personnel Authorized Full Time 90 - Part-time or temporary (expressed as equivalent to full time of total staffing complement) 8 85-83 - RESOLUTION - ENDORSING A LOCATION FOR A FIRE AND RESCUE TRAINING FACILITY AND RELATED COUNTY FACILITIES AND AGREEING TO THE EXTENSION OF TOWN WATER AND SEWER FACILITIES TO THE PROPOSED FACILITIES WITH CONDITIONS WHEREAS, the County of Loudoun is contract owner of a tract of land approxi- mately 48.2 acres located adjacent to Sycolin Road and'bounded by the present Leesburg Corporate limits and is currently negotiating for the purchase of addi- tional acreage located immediately north and east of the aforementioned tract hereinafter referred to as "fire and rescue training site" and more particularly shown on a map transmitted with a report to the Council dated May 10, 1985; and WHEREAS, the town desires to cooperate fully in assisting the county in the location of needed public facilities and supports the continued' location and operation of important county government functions and facilities within and adjacent to Leesburg; and WHEREAS, the Annexation Area Development Policies encourage the location of government and institutional uses within or adjacent to the Leesburg corporate limits to be served by central water and sewer; and WHEREAS, the location of these facilities at the proposed fire and rescue training site will facilitate and accelerate the extension of public water and sewer along the Sycolin Road corridor; and • JUN12.8 426 MINUTES OF JUNE 12, 1985 MEETING WHEREAS, the Annexation Area Development Policies prohibit the exten- sion of central water and sewer facilities within the LAMP planning area unless necessary to protect public health or mutually agreed upon by the town and county; and WHEREAS, the proposed facilities will not impair safe air navigation around Leesburg Municipal Airport: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Council hereby endorses the proposed fire and rescue training sites and agrees to the extension of town public water and sewer service to the facilities to be constructed on the proposed site in accor- dance with Policy No. 2 of Section III.F of the Annexation Area Development Policies, with the following qualifications: 1 . That the actual extension of public water and sewer facilities to the proposed fire and rescue training site be governed by all applicable town ordinances and regulations and that it be accomplished without cost to the Town of Leesburg; 2. That the development plan for the facility incorporates all appropriate precautions to minimize the impact of the facility on adjacent properties, including but not limited to: a. The structural fire building should be located in an area where it is not in plain view of adjacent properties. Screening along the perimeter of the site should be provided to help shield the view of the structure. b. Walls, berms or natural vegetation should be unused as sound deadening devices around noise generating areas, specifically the vehicular rescue area. c. That careful consideration be given to the exterior.architectural treatment of any buildings located along Route 643. 3. That the county continue to consider the joint use of the site for other public facilities, such as the emergency communication. center, - joint county/school board maintenance/warehouse facility, -data processing center, and National Guard Armory as appropriate; and 4. That the county confer with the Richlynn Development Corporation and other landowners along Route-643- with respect to equitable sharing of the costs required to extend water and sewer to the facilityincluding the costs for extension of water under the Route 15/7 bypass. This Council - will consider imposing a utility facility charge to reimburse Loudoun County for a portion of its costs in extending utilities from proceeds generated by future private development along the Sycolin Road corridor.' SECTION•II. The town manager is directed to forward this resolution to the Loudoun County administrator for transmittal to the County Board of Supervisors. 85-84 - RESOLUTION .—AUTHORIZING AN AGREEMENT APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF 'PUBLIC IMPROVEMENTS AND APPROVING SEWER EXTENSIONS FOR LEESBURG COUNTRY CLUB. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: . SECTION I. The manager shall execute on behalf of the town an Agreement with Messrs Poehlman,- Roberts and Thomas for installationiof public improve- ments shown on the plans approved by the Director of Engineering. SECTION II. The extension of municipal sewer works for the sub- • division is approved in accordance with Section 15-9 of the Town Code. • SECTION III. An irrevocable letter of credit from Farmer ' s and Merchant' s National Bank in the amount of $12,000 is approved to guarantee the installation of public improvements. JUN12.9 427 MINUTES OF JUNE 12, 1985 MEETING 85-85 - RESOLUTION - APPROVING THE FINAL PLAT OF THE EXETER, SECTION II, CLUSTER SUBDIVISION,. APPROVING A CONTRACT FOR PUBLIC' IMPROVEMENTS AND ,APPROVING WATER-AND SEWER EXTENSIONS WHEREAS, the Leesburg Planning Commission approved the preliminary plat of Exeter, Section II• on May 3-, 1984; and WHEREAS, the Town Council now has the reviews and approves all cluster subdivisions; and WHEREAS, the Finance and Administration Committee has reviewed and recom- mends this 62 lot cluster subdivision; . and WHEREAS, the Director of Engineering has approved the construction J drawings and certified the amount of public improvements: . THEREFORE, RESOLVED by the Council of the Town of Leesburg, in Virginia as follows: The final plat of Exeter, Section II duplex cluster subdivision is approved. The manager shall execute a contract for public improvements. The performance bond in the amount of $253, 177 to guarantee installa- tion of public improvements, in accordance with plans approved by the Director of Engineering is approved. The extension of municipal water and sewer works is approved in accor- dance with Section 15-9 and 19-18 of the Town Code. 85-86 - RESOLUTION - AUTHORIZING A TRANSFER OF FUNDS TO PURCHASE AUTOMATION . EQUIPMENT AND' SOFTWARE FOR THE PLANNING AND ENGINEERING DEPARTMENTS WHEREAS;. the Planning and Engineering Departments are currently pro- cessing a record number of rezoningss and land development applications; and WHEREAS; a micro computer system will enhance the effectiveness of the planning and engineering departments in the management and dissemination of information essential to the Council., Planning.Commission and staff during their consideration of land development applications; and WHEREAS, the proposed microcomputer system may be purchased through a transfer of appropriations, without the appropriation of new funds: THEREFORE; RESOLVED-by the Council of the Town of Leesburg in Virginia as follows: A transfer of $8900 is made from Account Numbers 1203. 101 and 1203.300 in the amount of $8900 to Capital Outlay Account No. 1203.701 foi the pur- pose of procuring IBM computers, printer and-:related hardware and' software as described in a report submitted to the Council on June 4, 1985. • 85-87 - RESOLUTION - AUTHORIZING CLOSING OF CERTAIN STREETS FOR THE JUNE, JULY AND AUGUST LEESBURG COURTHOUSE CONCERT SERIES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: • The manager is directed to close King Street between Loudoun and Cornwall Street• and Market Street between.Church-and Wirt Street• one-half. hour before the beginning of each Sunday evening courthouse concert series during the months of June, July and August in accordance with scheduled events. The manager is further directed to post appropriate signs directing traffic from the east and west to Wirt Street. JUN12. 10 428 MINUTES OF THE JUNE 12, 1985 MEETING 85-88 - RESOLUTION - AUTHORIZING CONTRACT WITH PERRY ENGINEERING CO. , INC. , FOR CONSTRUCTION OF THE SOUTH HARRISON STREET PARKING LOT WHEREAS, the Town of Leesburg is the recipient of a 1.35 million dollar community development block grant to redevelop and revitalize the South Harrison Street area; and • WHEREAS, the engineering firm of Patton, Harris, Rust and Associates prepared construction plans and specifications for a 48 space parking lot as part of the redevelopment project;. and WHEREAS,. sealed bids for the construction of the parking lot were opened on Thursday, May 30, 1985, and Perry Engineering Co. , Inc. is the low bidder with a bid of $66,900; and WHEREAS, Perry Engineering Co. , Inc. has a good reputation and has successfully completed similar construction projects in Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A contract award is made to Perry Engineering Co. , Inc. of Leesburg, Virginia for the construction of the 48 space South Harrison Street parking lot on a lump sum basis in the amount of $66,900. The manager shall enter into a contract with Perry Engineering Co. , Inc. for the construction of the South Harrison Street parking lot based on this award. 85-89 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH HARVEST SQUARE (FORMERLY PARCEL M, SECTION I, VIRGINIA VILLAGE) REGARDING INSTALLATION OF THE TUSCARORA CREEK CHANNEL IMPROVEMENTS ' WHEREAS, the development plan for Parcel M, Section I, Virginia Village (hereinafter named Harvest Square) called for improvements .to Tuscarora Creek to maintain or reduce flood levels; and • WHEREAS„ by Resolution .No. 81-134 .the Council ;accepted from the managing partner of the former Parcel M project an offer to deposit funds in the amount of $21 ,000 as consideration for the town assuming the developer 's respon- sibility to construct channel improvements within the Tuscarora Creek; and WHEREAS, bids for construction of these improvments received by the Town of Leesburg in the fall of 1984 substantially exceeded the engineer 's estimate and the amount of funds on deposit from the former Parcel M development; and WHEREAS, the trustee for Harvest Square has agreed to reassume all. responsibilities for the construction of the Tuscarora Creek Channel impro- vements in accordance with plans and specifications prepared .by Bengtson, DeBell, Elkin and Titus dated May 27, 1983• in exchange for the town's payment of $35,000 to Harvest Square at the time improvements are completed to the satisfaction of the town; and WHEREAS, this amount is below the engineer's estimate for .the actual cost for the construction of these facilities: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute a letter agreement, on behalf of the town, with Donald E. Nelson, 'Trustee, Harvest Square, . which replaces responsibility for the construction of the Tuscarora Creek channel improvements with Harvest Square. The terms and conditions of the letter agreement are as set out in a letter to Donald E. Nelson, Trustee, dated June 12, 1985. JUN12. 11 429 MINUTES OF THE JUNE 12, 1985 MEETING 85-90 - RESOLUTION - AUTHORIZING A. NOTICE' OF• PUBLIC HEARING ON PROPOSED AMEND- MENT OF SECTIONS 4-3(d), 4A-3(d), 8-2-11-1 and 9A-3-4 OF THE LEESBURG ZONING ORDINANCE RESOLVED by the Council' ofithe Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider proposed amendments to Sections 4-3(d), 4A-3(d), 8-2-11-1 and 9A-3-4 of the Leesburg Zoning Ordinance regarding townhouse' courts, shall be published in the Loudoun-Times Mirror-on June-20 6 27, 1985 for public'hearing on July 10, 1985 at 7:30 p.m. in the'Councid=Chambers, 10 Loudoun Street, SW, Leesburg, Virginia: 85-91 - RESOLUTION _ AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED AMEND- • MENT OF SECTIONS 13-75(c) AND 13-99(c)• OF• THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS RESOLVED, by the Council of the Town of Leesburg in Virginia-as' follows: A notice of Public Hearing to consider proposed amendments to Sections 13-75(c) •and• 13-99(c) of the Leesburg Subdivision-and Land Development Regulations regarding townhouse courts and common driveways shall be published in the Loudoun Times Mirror on June 20 and 27, 1985 for public hearing on July 10, 1985 at 7:30 p.m. in the Council 'Chambers, 10 Loudoun • Street, SW, Leesburg Virginia. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-92 - RESOLUTION - 'APPROVINGTHE BUDGET AND MAKING APPROPRIATIONS' FOR THE ' FISCAL YEAR ENDING JUNE 3O, 1986 WHEREAS, the budget and the tax rate for the fiscal year ending June 30, 1986 have been prepared and reviewed by this Council; and WHEREAS, this Council approved a tentative budget and tax rate for the fiscal year ending June 30, 1986; and WHEREAS, a public hearing on the tentative budet and tax rate was held on May 22, 1985; and WHEREAS; the manager has prepared the Revised Budget and Initial Appropriations for the fiscal year ending June 30m 1986 dated June 12, 1985 and filed the same with the Clerk of Council. • THEREFORE, RESOLVED by the Council of the Town of Iieesburg in Virginia as follows: SECTION 1. The revised Budget dated June '12, 1985 •is adopted and appropriations are made for the fiscal year ending 'June 30, 1986 'in the ' amounts shown to the categories and accounts under the "FY 1986 Initial Appropriations" column for the general, utility, airport, revenue sharing and capital--projects funds,-provided' that capital 'project -fund - ' ' appropriations remain in effect until the projects -are 'completed. SECTION II. Section IV of Resolution No. 84-81 authorizing a transfer of bond proceeds from the utility fund to the 'airporttfund• is rescinded ' because utility bond proceeds are not required to pay for airport improve- ments. • - - - JUN12. 122 430 MINUTES OF THE JUNE 12, 1985 MEETING On a motion by Mr. Bos and seconded by Mr. Williams it was proposed that the Council adopt the aforementioned resolution Approving the Budget and making Appropriations for the fiscal year ending June 30, 1986. Mr.. Williams commended the staff on preparation of a proposed budget and giving sufficient time to begin the review process. He felt the pro— posed budget left room for expansion without taxing the residents of Leesburg. Mr. Kelley read the following statement: "After much -deliberation and consideration, I have come to the conclusion that I cannot vote for the fiscal year 1986 Leesburg Town budget or- the proposed fiscal year 1986 real estate tax rate. Before I- cast this vote I would like to say that in my opinion the town staff, particularly Mr. Minor and Mr. York have gone to great lengths to prepare and present this budget. Basically it is a good document, but I have strong reservations in several areas that will not allow me to vote for its passage. As a member of this Council I feel it is my duty to represent what I have come to perceive as the wishes of the majority of citizens of Leesburg. Thisbudget, particularly the $300,000 being allocated for the study and engineering design of a new town office building, town workshop facility and conducting a study for parking is excessive. For various reasons the Town of Leesburg had a surplus this past year of nearly $900,000. This budget reflects putting this money into many needed capital improvement projects which I certainly support. But it does not reflect turning any benefits back to the working men and women of Leesburg. To accomplish this without adversely harming the capital impro— vements program yet be 'a benefit to all its town citizens would simply be a matter of reducing the proposed expenditures for the above mentioned stu— dies from $300,000 to $220,000- resulting in a real estate- tax decrease of 20 from 18c to 16c. This decrease would harm no program existing or pro— posed- and would certainly aid in offsetting the-unjustified tax increases levied,by the county for- the fiscal. year: 1986.= Capital improvement- programs are- needed but it is not fair to expect that they should be funded solely by the existing taxpayers. With the- anticipated growth of Leesbur-g's incoming town residents should -be asked to- help pay the freight for the cost- of- town government. I strongly favor preparing for the future but I also believe in being fair. With that in mind I will cast my vote against the proposed 1986 fiscal year town budget and the fiscal year 1986 real estate tax rate and by doing so cast my vote for the citizens of Leesburg.." - Mr. Bos commented that he supports the budget. He said the fact that_ they had had previous opportunities to discuss the• budget helped the- pro— cess along immensely. He feels that Leesburg should be proud to have a low tax rate compared to other jurisdictions of similar size. Mr. Curry supports the budget and thinks the capital' improvement funds are very important. Also the fact that money is allocated ahead of time instead of on an as needed basis.. Mrs. Hill supports the budget. Mr. Tolbert supports the budget. • Mayor Sevila also voted to adopt the budget. His comments included com— mending staff on the budget preparation, also that this budget was the least controvesial of all budgets he had been involved with. The resolution was adopted by a roll call vote of 6 to -I as follows: Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila Nay: Councilman Kelley JUN12. 13 431 MINUTES OF THE JUNE 12, 1985 MEETING NEW BUSINESS 85-0-11 .- ,ORDINANCE —AMENDING THE LEESBURG ZONING ORDINANCE CONCERNING SIGN REGULATIONS FOR FLAGS . . WHEREAS, on May 22, 1985, this Council initiated the following proposed amendment fo the Leesburg Zoning Ordinance and set a date for a joint public hearing with the Planning Commission; and . WHEREAS,. on June 12, 1985, the Council and Planning Commission held the joint hearing pursuant to Section 15. 1-431 of the Code of Virginia as amended; and WHEREAS, on June 12, 1985 the Planning Commission recommended to Council approval of the proposed amendment; and WHEREAS, this Council finds -that the following amendment is required by public necessity, convenience, general welfare and good zoning practice; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: . SECTION I. Section 8A-1-7(c) of the Leesburg Zoning Ordinance is amended to read as follows: Sec. 8A71-7 Exceptions. The following signs are not subject to the provisions of this- Article: . • (c) Flags, emblems and insignia of any governmental agency; provided, however,. that no single governmental flag' shall exceed fifty square feet in area and no single zoning lot shall display,more than three such flags. If the total area of such flags exceeds 72 square feet, the excess- area shall be included in the sign area- calculations for the zoning lot. SECTION II. All prior ordinances ,in conflict herewith are repealed. • SECTION III. This ordinance shall be in effect upon its passage. 85-0-12 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE CONCERNING HEIGHT LIMITATIONS . • WHEREAS, on May 22, 1985, this Council initiated the following proposed amendment to the Leesburg Zoning Ordinance and set a date for a joint public hearing with the Planning Commission; and • • WHEREAS, on June 12, 1985, the Council and Planning Commission held the joint hearing pursuant to Section 15. 1-431 of the Code of Virginia, as amended; and . WHEREAS, on June 12, 1985, the Planning Commission recommended to Council approval of the proposed amendment; and ,WHEREAS, . this Council finds that the following amendment is required by public necessity, convenience, general welfare and good zoning practice; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 8-2-1 of the Leesburg Zoning Ordinance is amended to read as follows: JUN12. 14 432 • MINUTES OF THE JUNE 12, 1985 MEETING Sec. 8-2-1 Height Limitations do not apply to: barns, silos or other farm structures; and, to' elevators, derricks, towers' or other necessary industrial equipment; and to church spires, belfries', cupolas, domes, monuments; water towers, fire and hose towers, observation towers, windmills, chimneys, smokestacks, and to parapet walls extending not more than four (4) feet above the limiting height of the building. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. On a motion by Mrs. Hill and seconded by Mr. Tolbert that the above ordi- nances be passed without further discussion. Aye: Councilmembers Bos, Curry, Hill , Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-93 - RESOLUTION - APPROVING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE AIRPORT FUND WHEREAS, the firm of Ballou & Justice, architects and consulting engi- neers, have submitted to the town -a final payment request in the amount of $11 ,746.72 to be made to Underwriters Adjusting Company for Moss Construction Company on work completed at the airport terminal buidling and flight service station; and WHEREAS, the funds. to be used to pay this final billing are currently invested in a certificate of deposit at 'the Jefferson Savings and Loan Association which is scheduledto mature on July 22, 1985; and WHEREAS, should the town withdraw these invested funds prior to maturity, an interest penalty of $7,400 would be assessed 'by Jefferson Savings and Loan Association: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A transfer of funds from the General Fund to the Airport Fund in the amount of $111 ,746.72 is authorized to cover the final payment to Underwriters Adjusting Company for construction work completed by Moss Construction Company at the airport' terminal building and flight service ' station. • SECTION II'. Upon maturity of the certificate of deposit at Jefferson Savings and Loan Association, the Airport Fund will reimburse to the General fund the sum of $111 ,746.72 plus simple interest at the annual rate of 7X from the date of transfer to the date of maturity of the certificate of deposit. On a motion by Mr. Tolbert 'and seconded by Mr. Williams the above resolu- tion was unanimously adopted as amended. The amendment set the interest rate of 7%.• Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mr. Williams and seconded by Mr. Kelley, the meeting was adjourned at 10:00 p.m. Mayor • `Si21-r-/ Clerk of uncil JUN12. 15