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HomeMy Public PortalAbout1985_11_27 78 MINUTES OF THE REGULAR MEETINn OF THE LEESBURG TOWN COUNCIL, NOVEMBER 27, 1985 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on November 27, 1985 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert and followed by the Salute to the Flag led by Councilman Kelley. Present were Mayor Robert Sevila, Council- members Arl Curry, Marylou Hill, Brian Kelley, John Tolbert, and Charles Williams; also present were Assistant to Town Manager, Stephen Owen, Director of Planning, Zoning and Development, Martha Mason-Semmes, Director of Engineering, Tom Mason and Deputy Town Attorney, Debbie Welsh. Absent was Councilmember Bos. COUNCILMEMBER COMMENTS Mr. Williams reported on_the meeting of the Environmental Advisory Commission. The Carrvale wall was again discussed and the Commission was pleased that the Council is dealing with the problem, along with the home- owners. Also discussed was the Xerox project as it affects the LAMP area. The EAC supports the town position on this. Chief Kidwell conducted another Neighborhood Watch program and several interested citizens attended. Mr. Curry attended the Planning Commission meeting of November 21. There was a public hearing on preliminary plats and compliance with state law. If a developer puts up money for public improvements for one section he then must complete the project within five years. No one spoke in favor or against this. A final plat for Dietz Subdivision was approved. Mr. Kelley simply wished everyone a Happy Thanksgiving. MANAGER'S REPORT Stephen Owen, Assistant To Town Manager, gave the report in the absence of Town Manager, Jeffrey Minor. He reported that the position for the Administrative Assistant had been filled by Lynda Kemp who has a degree in Public Administration and is working on a Master's in Planning. Also the other positions are still in the interviewing stages. Today the 300th zoning permit had been issued. Last year a total of 220 were issued for the entire year. LEGISLATION On a motion by Mrs. Hill and seconded by Mr. Williams, the following legislative items were referred back to committee: An Ordinance repealing Sections 15-13, 15-57(2), 15-58(2), 19-22, 19-43(a)(3) b. and 19-45(2) regarding water and sewer connection, deposit, and user fees outside corporate limits; A Resolution authorizing an agreement with the County of Loudoun to extend water service to Route 643; A Resolution authorizing a contract with Patton, Harris, Rust and Associates for design and construction engineering services on the Catoctin Circle North extension project; and a Resolution authorizing an agreement with Peter Burnett, Esq., regarding a pedestrian bridge across the Town Branch storm drainage channel. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mrs. Hill and seconded by Mr. Kelley, the following items were considered consent items and unanimously adopted: 85-209 - RESOLUTION - AUTHORIZING A SECOND EXTENSION OF TIME FOR THE SUBMITTAL OF DEVELOPMENT PLANS FOR PARCEL 2 OF THE VEPCO TRACT WHEREAS, the Council authorized a contract with Market Square Associates by Ordinance No. 85-0-2 for the sale and development of the former VEPCO tract; and 79 MINUTES OF THE NAVEMBER 27, 1985 MEETING WHEREAS, by Resolution No. 85-64 the Council authorized an extension of time for the submittal of a development plan and sale of this tract; and WHEREAS, to maximize the use of Community Development Block Grant 1 funds a further extension to delay the execution of the contract and land sale is necessary: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The sales contract and development agreement between the Town of Leesburg and Market Square Associates, Inc. dated February 25, 1985, and-amended May 8, 1985 is amended further to require submittal of a concept plan for the development of Parcel 2 by February 1, 1986 and submittal of the final site plan and architectural designs for this parcel by May 1, 1986. SECTION II. Market Square Associates, Inc. shall purchase Parcel 2 no earlier than February 1, 1986 and no later than April 1, 1986. SECTION III. This amendment shall not impair or alter any other provision of the contract between the Town of Leesburg and Market Square Associates, Inc. 85-210 - RESOLUTION - REMOVING CATOCTIN CIRCLE NORTH LOOP FROM 1986 TOWN PLAN — —WHEREAS, this Council is currently considering a draft 1986 Town Plan that includes the extension of Catoctin Circle between West Market and North King Streets (Catoctin Circle North Loop) ; and WHEREAS, the proposed Ida Lee Park will reduce the future traffic demand in this area from that originally projected in the draft Town Plan: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is directed to remove the Catoctin Circle North Loop from further consideration for inclusion in the 1986 Town Plan. 85-211 - RESOLUTION - AUTHORIZING THE DONATION OF A SEPTIC TANK TO THE CENTRAL LOUDOUN LITTLE LEAGUE WHEREAS, the Town of Leesburg has a contract with the Central Loudoun Little League to pump, haul and treat sewage effluent from the little league complex at Festival Lakes Recreational facility; and WHEREAS, the Town of Leesburg owns a surplus 1,000 gallon sewage holding tank that could be utilized at the little league complex: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: - The manager is authorized and directed to have the surplus 1,000 gallon sewage holding tank removed from its present location and delivered to the Central Loudoun Little League complex at Festival Lakes Recreational Facility. 85-212 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR CATOCTIN CIRCLE INDUSTRIAL SUBDIVISION, LOTS 6 & 7 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: NOV27.2 80 MINUTES OF THE NOVEMBER 27, 1985 MEETING SECTION I. The manager is authorized to execute on behalf of the town an agreement (Form PC-2) with Leesburg Builders, Inc., of Leesburg, Virginia, for installation of public improvements shown on the plans approved by the director of engineering for Catoctin Circle Industrial Subdivision, Lots 6 and 7. SECTION II. A cash bond in the amount of $3,000 is approved as security to guarantee installation of the public improvements shown on plans approved by the director of engineering for Catoctin Circle Industrial Subdivision, Lots 6 and 7. 85-213 _ RESOLUTION = MAKING AN APPROPRIATION FOR A SANITARY SEWER EXTEN- SION ON DRY MILL ROAD RESOLVED, by the Council of the Town of Leesburg in Virginia that an appropriation is made from the unappropriated fund balance of the Utility Fund to Account No. 300.3120.540.010 in the amount of $5,000 for the completion of this project. 85-214 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR TUDOR KNOLLS, PHASE I DEVELOPMENT WHEREAS, the developer's engineer, Chamberlin and Wolford Associates, and the town's director of engineering have reviewed the public improvements installed to date in the Tudor Knolls, Phase I development and certify that the value of work performed is $279,346; and WHEREAS, two letters of credit in the amount of $478,902 have been provided by the developer and approved by Council to guarantee installation of public improvements in the Tudor Knolls, Phase I development; and WHEREAS, the director of engineering has recommended a 95 percent reduction of the value of the completed work: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit originally in the amount of $478,902 is reduced to $213,524. SECTION II. The manager shall notify T and K Associates, developer of Tudor Knolls, Phase I, that liability for letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Tudor Knolls, Phase I development. 85-215 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR LEES- BURG GATEWAY, PHASE I RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to execute on behalf of the town an agreement (Form PC-2) with A.C. Echols Jr., Trustee and J. Lynn Cornwell, Trustee of Leesburg for installation of public improvements shown on the plans approved by theDirector of Engineering for the Leesburg Gateway, Phase I, on lands of Sycolin Partnership. SECTION II. The extension of municipal water and sewer works for Leesburg Gateway, Phase I is approved in accordance with Section 15-9 and 19-18 of the Town Code. NOV27.3 . It 81 MINUTES OF THE NOVEMBER 27, 1985 MEETING SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from First American Bank in the amount of $620,000 ii for the public improvements, as approved by the Director of Engineering, is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for Leesburg Gateway, Phase I. II 85-216 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING ON AMENDMENT TO SECTION 17-68 OF THE TOWN CODE CONCERNING LICENSE TAX FOR PEDDLERS AND ITINERANT VENDORS RESOLVED by the Council of the Town of Leesburg in V+rginia as follows: II A Notice of Public Hearing to amend Section 17-68 of the Town Code of the Town of Leesburg to increase the annual license tax for persons conducting, operating or engaging in the business of peddlers or itinerant vendors from $50.00 to $250.00 shall be published in the Loudoun Times CO Mirror on December 26, 1985 for public hearing on January 8, 1986 at 7:30 N p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. CV Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and WMayor Sevila CO _ . a Nay: None 85-0-29 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE REGARDING METER ZONES On a motion by Mrs. Hill and seconded by Mr. Kelley, the following ordinance was proposed and adopted: I i ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-171 of the Town •Code is amended to read as follows: Sec. 10-171. Establishment of meter zones and parking time limits therein Parking meter zones, with the following time limits for lawful parking, are established as follows: (1) West side of King Street, between Loudoun Street and North Street, for two hour parking at any one time. (2) East side of King Street, between VEPCO right-of-way and 180 feet south of Royal Street, for two hour parking at any one time. (3) South side of Market Street, between Church Street and Liberty Street for two hour parking at any one time, except that the time- limit for lawful parking shall be 15 minutes at any one time in front of the post office on Market Street. (4) Municipal parking area between Wirt Street, King Street, Loudoun Street, and Market Street, for three-hour parking, except spaces designated for permit-only parking, four 15 minute town office visitor spaces, and 25 ten hour meter spaces. (5) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two hour parking at any one time, except spaces reserved for official cars of the state and town police and the county sheriff's department. . (6) North side of Loudoun Street, between Wirt Street and Church Street, for two hour parking at any one time. NOV27.4 82 MINUTES OF THE NOVEMBER 27, 1985 MEETING ' (7) Municipal parking area known as Vinegar Hill Parking Lot between Loudoun Street and South Harrison Street, for two hour parking at' any one time. (8) Municipal parking area knownasSouth'Harrison Street Parking lot' between South Street and South Harrison Street, for two hour parking at any one time. (9) East and west side of South Harrison Street, between Loudoun Street and Depot Court, for two hour parking at any time. SECTION II. This ordinance shall be in effect upon its passage, except that the two hour parking authorized in subsection (9) •above shall not be effective until the installation of the appropriate parking meters. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and ' Mayor Sevila Nay: None 85-217 - RESOLUTION - CANCELLING THE DECEMBER 25 1985 REGULAR COUNCIL - MEETING On a motion by Mrs. Hill and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: • RESOLVED by the Council of the Town of Leesburg, Virginia as follows: The regular December 25, 1985 meeting of the Town Council is cancelled. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and- Mayor Sevila Nay: None 85-218 - RESOLUTION - MAKING AN APPROPRIATION FOR THE PROCUREMENT OF PARKING METERS FOR SOUTH HARRISON STREET METER ZONE On a motion by Mrs. Hill and seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An appropriation is made from the General Fund unappropriated fund balance to Account No. 4102.700.096, Parking Meters, in the amount of $9,866.00 for the fiscal year ending June 30, 1986. SECTION II. The Town Manager is hereby authorized to issue a standard purchase order for the procurement of 35 parking meters for the South Harrison Street meter zone. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS There was no new business. On a motion by Mr. Williams and seconded by Mr. Tolbert, Council voted unanimously to go into executive session, in accordance with Section 2.1-344 (a)(1) and 2.1-344 (a)(6) of the Code of Virginia of 1950 as amended to discuss personnel matters and legal matters with the Town Manager and Deputy Town Attorney present. NOV27.5 83 MINUTES OF THE NOVEMBER 27, 1985 MEETING Council reconvened following the executive session with no action taken. The meeting was adjourned at 9:05 p.m. • Mayor • 4111 T Clerk of 'ouncil N N W CO Q • NOV27.6