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