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HomeMy Public PortalAbout1986_10_08 338 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 8, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on October 8, 1986 at 7:30 p.m. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by Dennis Hanrahan. Present were Mayor Robert E. Sevila, Councilmembers Charles Bos, Brian Kelley, John Tolbert, Jr and Charles Williams. Absent were Council- members Arl Curry and Jerry Pelkey. Staff members present were Town Manager, Jeffrey Minor; Assistant Town Manager, Steve Owen; Director of Planning, Zoning and Development, Martha Mason-Semmes; Director of Engineering and Public Works, Tom Mason; Director of Finance, Paul York and Town Attorney, George Martin. On a motion by John Tolbert and seconded by Charles Williams it was recommended that the minutes of March 26, 1986, April 9, 1986, April 23, 1986 meetings and Special meetings of September 2, 1986 and September 30, 1986 be approved as submitted. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None PETITIONERS Joby Reynolds spoke regarding the re-enactment of the Battle of Balls Bluff. He stated that much work is going into this event and it looks as though it will be very successful. There will be a parade at 11:00 and at 3:00 in the afternoon a battle re-enactment. The campsite candlelight tour will be held at 7:00 p.m. He urged the Council to approve the item on this evening's agenda regarding the issuance of a parade permit, waiving of vendors' fees and approving an admission fee for this event. Mayor Sevila asked Eugene H. Crompton to come forward and presented him with a Certificate of Appreciation for his dedicated service on the Cable Television Advisory Commission. Mr. Crompton served on this Commission for four years. Another Certificate of Appreciation was presented to Dennis J. Hanrahan for his service on the Board of Zoning Appeals. Mr. Hanrahan served on this Board for three years and nine months. The Bid Proposal for the construction, management and operation of corporate aviation maintenance, storage and office facilities at the airport was opened by Mayor Sevila. The proposal was submitted by Janelle Aviation, Inc. with the lease term being 40 years, payment to the town of $232,000. A check for $2,000 was submitted as a proposal guarantee. On a motion by Mr. Williams and seconded by Mr. Kelley it was recommended that this proposal be submitted to the Airport Commission for its recommendation and then forwarded to the Utilities and Public Works Committee for further action. Mr. Bos asked staff to explain what part of the airport this proposal encompasses. Steve Owen pointed out the specific areas on a map. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None The last item addressed under this portion of the meeting was a proclamation made by the Mayor recognizing National Business Women's Week: PROCLAMATION WHEREAS, the week of October 19 through October 25, 1986 is NATIONAL BUSINESS WOMEN'S WEEK; and WHEREAS, there are many capable leaders in the Loudoun Business and Professional Women's Club; and MINUTES OF THE OCTOBER 8, 1986 MEETING 339 WHEREAS, these women have much to contribute to the welfare of this area: THEREFORE, I, Robert E. Sevila, Mayor of the Town of Leesburg in Virginia, do hereby proclaim the week of October 19 through 25, 1986 as NATIONAL BUSINESS WOMEN'S WEEK in the Town of Leesburg, and I urge all citizens to join me in this observance. PUBLIC HEARING ON REZONING APPLICATION #ZM-73-GEORGE A. AND SHERRY A. WILSON Jeffrey Minor gave a brief overview of this rezoning application, stating that this was the second hearing on this subject. About 10 acres are involved in this rezoning from County A-3 and R-1 to Town R-1, minimum 10,000 square foot lots. This is on Route 654, west of Route 643. About sixteen lots are to be developed averaging over 20,000 square feet each. (3) sixteen are some concerns about access since Rt. 654 is a gravel road in this N area. Public Sewer and water must be made available to this area since it N is not being rezoned for septic or well systems. W COteve Ccaens gave a brief presentation on behalf of the trustees of J Q this land. He pointed out that the revision of the concept plan proffer gives the town control over what they will approve in this stage. The technical aspects will be worked out at the committee hearing level. The Council has received a letter in support of and signed proffers for this proposed rezoning. Since there was no further comment by the public, the public hearing was closed at this time and referred to the Council level for discussion. On a motion by Mr. Williams and seconded by Mr. Kelley it was recommended that this matter be referred to the Finance and Administration Committee for further consideration. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Bos remarked on the Goals and Objectives booklet that was re- ceived by all Councilmembers a few weeks ago. He felt that this set out an ambitious program and was a very helpful piece of work. Also, the Developers' Handbook has been finalized. This will be given to members of the development world to explain to them the processes they must follow with the town. Finally, he commented on the seminar the town held for the Board of Architectural Review, Planning Commission and Environmental Advisory Commission regarding legal background of historic district regulation. An attorney from the National Trust for Historic Preservation was the keynote speaker. The speaker worked with many cities pertaining to their historic districts and had several good suggestions for the historic district regulations for Leesburg. The last item Mr. Bos addressed was the street lights in downtown Leesburg. The light on the corner of Market and King Streets was apparently out of service for many weeks. When one got fixed, another went out. Mr. Bos took it upon himself one night to kick the light pole and the light went on. He. asked Mr. Minor to please see to it that Virginia Power maintain the lights in the downtown area a little better. Mr. Williams reported on the Foxridge park. Several items are under construction. The parks and recreation survey was one of the best answered surveys ever put out by the town. MANAGER'S REPORT Mr. Minor stated that the activity report had been distributed to Council and that he was not going to expound any further on its contents. 3410 MINUTES OF THE OCTOBER 8, 1986 MEETING The National League of Cities publication included a two page article on the VML Achievement Awards. The lead graphic and article included the Market Station project. In regard to the Developer's notebook, it is currently still in rather rough form. Ultimately this booklet will be developed to a step by step, easy to use tool. There will be several meetings to assess the role of various departments in the development process. i Last, Mr. Minor distributed a handout regarding the Virginia Department of Highways' estimate of Leesburg's urban system road allocation. With the growth of Leesburg, there are many areas that will need consideration of these funds. LEGISLATION On a motion by Mr. Kelley and seconded by Mr. Tolbert, it was recommended that the following ordinances and resolutions be considered and adopted as consent items: 86-0-44 - 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/Land Develop- 17 ment Planner Director of Utilities 21 " Director of Finance 21 Director of Engineering and Public 23 Works Assistant Director of Engineering 21 and Public Works Director of Planning, Zoning and 21 Development Assistant Town Manager 20 Law Enforcement Parking Meter Attendant 5 Police Private 13 Private First Class 14 Corporal 15 Sergeant 16 Lieutenant 17 Captain - 18 Chief of Police 20 Administrative-Clerical Receptionist/Secretary 6 Secretary 7 Police Clerk 8 Accounting Clerk I 8 Accounting Clerk II 9 Administrative Assistant 9 Admin. Zoning & Devel. Assistant 11 Executive Secretary 10 Accounting Supervisor/Assistant 15 Director of Finance Clerk of Council 10 Deputy Clerk of Council/Planning 7 Secretary II MINUTES OF THE OCTOBER 4, 1986 MEETING 34t Occupational - Pay Groups Positions Grade Supervisory Shop Superintendent 15 " Water Supply Superintendent 16 " Street Superintendent 16 " Utility Lines Superintendent 16 " WPCF Superintendent 16 Technical " Utility Maintenance Assistant -7 Senior Equipment Operator 10 " Finance Technician - 9 " Utility Plant Operator Assistant 8 " Assistant Street Superintendent 11 " WPCF or Water Operator A 11 " WPCF or Water ,Operator B 10 Asst. Utility Lines Superintendent 11 " Utility Plant Maintenance Foreman 12 " Chemist 12 T " Capital Projects Coordinator 15 I VI Assistant WPCF Superintendent 12 N " Facility Inspector 14 ^ Professional Engineer II 17 \ Principal Planner 17 W " COPlaner I 14 Construction/Maintenance Laborer 6 Cr " " Maintenance Person 7 " Laborer, part-time 4 " " Mechanic 9 SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon its passage. i 86-0-45 _ ORDINANCE - AMENDING SECTION 17-1.1(a) (12) OF THE TOWN CODE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 17-1:1(a)(12) of the Town Code is amended to read as follows: - Sec. 17-1.1. Tax Relief for the elderly and totally and permanently disabled. (a) Definitions As used herein: i (12) "Permanently and totally disabled" means a person who has been certified by the Veterans Administration, or Railroad Retirement Board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two medical doctors licensed to practice medicine in the Commonwealth, one of whom practices medicine in Leesburg, to the effect that such person is permanently and totally disabled. The affidavit of one of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability. For purposes of this section, the term "permanently and totally disabled" shall mean unable to engage in any substantial gainful activity by reason of any medically determinable physical- or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall, be effective July 1, 1986. 342 MINUTES OF THE OCTOBER 8, 1986 MEETING 86-0-46 - ORDINANCE - AMENDING SECTION 17-6 OF THE TOWN CODE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 17-6 of the Town Code is amended to read as follows: Sec. 17-6. Penalty and interest on delinquent taxes. Any person who shall fail to pay to the town treasurer, on or before December 5th of each year, the personal property and real estate tax then due and payable shall pay a penalty of ten percent or $2.00, whichever is greater; provided, however, that no penalty shall exceed the amount of the tax due. Interest at a rate of ten percent per annum shall be collected upon the principal and penal- ties of all such taxes and levies remaining unpaid from the 1st day of January of the year next following the assessment year. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be effective July 1, 1986. 86-210 - RESOLUTION - AUTHORIZING EXECUTION OF AN EASEMENT OF RIGHT-OF-WAY AGREEMENT WITH VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF ELECTRICAL SERVICE TO THE REST- ROOMS AND PICNIC PAVILION AT FOXRIDGE PARK RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to execute an easement of right-of-way agreement with the Virginia Electric and Power Company which is necessary to provide electrical service to the restrooms and picnic pavilion at Foxridge Park. 86-211 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AMENDMENT TO THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING VARIANCES RESOLVED by the Council of the Town of Leesburg in V'rginia -as follows: A Notice of Public Hearing to consider a proposed amendment of Section 13-91 of the Subdivision and Land Development Regulations of the Town Code regarding variances shall be published in the Loudoun Times Mirror on October 23, 1986, and October 30, 1986, for public hearing on November 12, 1986, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-212 - RESOLUTION - AUTHORIZING A CONTRACT WITH HAYS, SEAY, MATTERN AND MATTERN On a motion by Mr. Williams and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Town of Leesburg received proposals on August 8, 1986 from architectural/engineering professionals to design and provide construction management for the Central Warehouse and Maintenance Facility; and WHEREAS, the review committee interviewed the three highest ranking firms in accordance with Section 8.3 of the purchasing regulations; and WHEREAS, the review committee ranked Hays, Seay, Mattern and Mattern as the highest rated firm and has concluded contract negotiations: MINUTES OF THE OCTOBER 8, 1986 MEETING :3 43 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Manager is authorized and directed to enter into a contract, on behalf of the Town, with Hays, Seay, Mattern and Mattern in an amount not to exceed $171,000.00 for the design and construction management of a Central Warehouse and Maintenance Facility. Mr. Bos asked Mr. Minor for a time rame on this project. Mr. Minor responded that the design period was about eight months which includes extensive programming for the project with construction projected to take another eight to twelve months. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-213 - RESOLUTION - AUTHORIZING CONSTRUCTION CONTRACTS FOR THE LEESBURG III'''TTTttt MUNICIPAL AIRPORT NORTH RUNWAY EXTENSION PROJECT On a motion by Mr. Williams and seconded by Mr. Kelley, the following V^ ' resolution was proposed and unanimously adopted: \WWHEREAS, the Town of Leesburg is party to a FY 1986 grant agreement CO with the Federal Aviation Administration in the amount of $1,321,000 to Q cover ninety percent of costs associated with the Leesburg Municipal Airport North Runway Extension Project; and WHEREAS, the Project will be accomplished with three separate construction contracts for earthwork and drainage, paving and electrical work; and WHEREAS, sealed bids for three contracts, known as Contract 1, Contract 2 and Contract 3, were solicited in accordance with the Town's purchasing policies and FAA guidelines; and WHEREAS, the engineering firm of Campbell, McQueen and Paris, Engineers has certified to the Town that the lowest and best bids should be accepted; and WHEREAS, the Federal Aviation Administration has concurred with Campbell, McQueen and Paris, Engineers' recommendation: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute all contract documents with William A. Hazel, Inc. for Contract 1 consisting of earth- work and drainage work pursuant to their bid of $348,515.00. SECTION II. The manager is authorized to execute all contract documents with William A. Hazel, Inc. for Contract 2 consisting of pavement work pursuant to their bid of $833,150.00. SECTION III. The manager is authorized to execute all contract documents with Hazel Industrial for Contract 3 consisting of electrical work pursuant to their bid of $86,460.02. SECTION IV. the manager is authorized to execute change orders if recommended by Campbell, McQueen and Paris, Engineers and approved by the Federal Aviation Administration. SECTION V. Notice to Proceed will be issued to each contractor upon receipt of all bonds and insurance documentation and in sequential order as specified in the contract documents. Mr. Minor summarized this stating that 95% of the project is being funded through State and Federal sources with the balance being funded by Janelle Aviation. 344 MINUTES OF THE OCTOBER 8, 1986 MEETING Mr. Bos commended the work that has been done so far by Campbell, McQueen and Paris. They have consistently come in with bids that fall below the engineer's estimate and the quality of their service has been excellent. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-214 - RESOLUTION - ENDORSING A LEESBURG TERMINUS FOR THE PROPOSED LOUDOUN PARKWAY On a motion by Mr. Williams and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Virginia Department of Highways and Transportation (VDH&T) has authorized a study to determine the feasibility of extending the Dulles Access Road westward into Loudoun County, referred-to as the "Loudoun Parkway" ; and _. WHEREAS, one of the primary functions of the Loudoun Parkway is to provide an alternate east-west transportation route from Leesburg to the metropolitan Washington area to reduce the increasing congestion on Route 7 east of the Route 7/15 Bypass; and WHEREAS, an alignment for the Loudoun Parkway connecting generally to the Route 643 corridor and the Leesburg Bypass will provide an additional true radial route to Leesburg that will reduce congestion on Route 7 east of the Bypass, provide the most direct routing of east-west regional traffic through Leesburg, promote economic development at Leesburg Municipal Airport, and accommodate any further extension of light rail service to Leesburg; and WHEREAS, any terminus for the proposed Loudoun Parkway East of Goose Creek would increase congestion on Route 7, isolate Leesburg, particularly the airport for the emerging employment centers along the Route 28 corridor and the Toll Road, and prevent the logical connection of Washington-Dulles International Airport and the Leesburg Municipal Airport; and WHEREAS, the Town of Leesburg is presently reviewing development applications adjacent to Route 643 with road improvements designed to accommodate the Loudoun Parkway; and WHEREAS, Leesburg's direct access to the Loudoun Parkway furthers the transportation and economic development objectives of the Commonwealth, County and Town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This Council requests that VDH&T establish the Route 7/15 Bypass within the Town of Leesburg as the terminus of the Loudoun Parkway. SECTION II. VDH&T is further requested to establish a task force to include Leesburg representatives to assure that the town and other affected jurisdictions have an opportunity to participate fully in the development of the alignment of this important transportation link. SECTION III. The Manager is directed to transmit copies of this resolution to The Honorable Vivian Watts, Secretary of Transportation and Public Safety, The Honorable Ray Pethtel, Commissioner of Transportation, The Honorable Kenneth B. Rollins, The Honorable Charles Waddell, The Honorable Hunter B. Andrews, the District Engineer for the VDH&T Northern Virginia District, Richard C. Lockwood, Director of Planning for VDH&T in Richmond and The Honorable James Brownell, Chairman of the Loudoun County Board of Supervisors. Mr. Williams stated that he feels this is a very important resolution and is in favor of its passage. Mr. Kelley was pleased to see that such a fine piece of legislation was prepared in a two week time frame. Mayor Sevila stated that this is a very important project and that hopefully this MINUTES OF THE OCTOBER 8, 1986 MEETING 315' legislation will have the desired effect on VDH&T plans for this route. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-215 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE A DEED OF EASEMENT TO PERMIT GRADING IN THE EAST MARKET STREET RIGHT-OF-WAY On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was proposed and adopted as follows: WHEREAS, the Town of Leesburg has established a landscaped berm along East Market Street in front of the Prosperity Center property; and 1 WHEREAS, Leesburg Limited Partnership has proposed lowering part of this berm to improve the visibility of the shopping center; and 0) WHEREAS, Leesburg Limited Partnership has filed a landscape plan for N the shopping center that exceeds the landscaping requirements of the zoning N ordinance and includes planting additional shrubs in the East Market Street Wr right-of-way; and W WHEREAS, Leesburg Limited Partnership has offered to post a bond to guarantee protection of existing plant material, restoration of the berm and planting of new shrubs in the East Market Street right-of-way: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute a deed for a temporary construction easement to permit Leesburg Limited Partnership to grade a portion of the East Market Street right-of-way as shown on plans by Gannett Fleming Civil Engineers, Inc. , dated August 14, 1986. SECTION II. Leesburg Limited Partnership shall complete landscaping in compliance with a landscape plan prepared by Gannett-Fleming Civil Engineers, Inc. , and dated October 3, 1986. SECTION III. A bond in a form approved by the Town Attorney in amount as approved by the Zoning Administrator is accepted to guarantee the protection of the existing plant materials and planting of the proposed shrubs in the East Market Street right-of-way. SECTION IV. This easement shall be effective for a period of 45 days from execution. Mr. Kelley had some question as to whether everything had been worked out satisfactorily between the Planning Department and the contractor regarding fees and work to be done. Mrs. Semmes stated that yes, they worked very closely together to come to a satisfactory result. Following further discussion regarding rooflines of the proposed shopping center and regulations pertaining to same, the vote on this resolution was as follows: Aye: Councilmembers Kelley, Tolbert, Williams and Mayor Sevila Nay: None Abstain: Councilmember Bos Absent: Councilmembers Curry and Pelkey 3416 MINUTES OF THE OCTOBER 6, 1986 MEETING 86-216 - RESOLUTION - INITIATING PROPOSED AMENDMENTS TO THE LEESBURG ZONING ORDINANCE REGARDING DISCLOSURE OF REAL PARTIES IN INTEREST ' On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: ' WHEREAS, the 1986 General Assembly with 'the Town's support enacted an amendment to Section 15.1-486.1 of the Code of Virginia to permit the Town of Leesburg to require any applicant for amendment to the Zoning Ordinance or variance to disclose the equitable ownership of the real estate to be affected; and WHEREAS, this Council believes that the incorporation of' such disclosure provisions within the town's Zoning Ordinance is in the interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Amendments to the Leesburg Zoning Ordinance to revise Section 8-2-11-12(a) , 9-6(b) , 10-3-1, and 11-2(b) are initiated as follows: 8-2-11-12. Application and Approval. (a) Application for a special exception by the Council shall be made on forms provided by the zoning administrator who shall transmit a copy to the Planning Commission for recommendation. Each such application will be accompanied by a filing fee of $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. Special exception applications shall include a disclosure statement, signed by the applicant and notarized, of the equitable ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest, including all applicants, title owners, contract' - purchasers, ontract"purchasers, and lessees of the land described in the application, all partners, both general and limited, in any partnership, and, if any of the foregoing is a trustee, each beneficiary having an interest in such land, and in the case of corporate ownership, the names of stockholders, officers and directors; provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having'more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the applications. The Planning Commission shall transmit its recommendation to the Council no later than thirty days after the first meeting of the Commission after the application has been referred to the Commission. 9-6. Approval of Conditional uses: General: Fee (b) Application for a Conditional Use Permit shall be made to the Zoning Administrator, on form's prescribed by him at least 21 days prior to the Commission meeting at which first consideration is desired and shall be accompanied by a zoning plan necessary to demonstrate that the conditions for approval set out in the Article shall be fulfilled. Each such application shall be accompanied by a filing fee of $100 to defray the cost of processing said application, which amount- shall be paid- to the Director of Finance. Conditional use permits shall include a disclosure state- ment, signed by the applicant and notarized, of the equitable ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest, MINUTES OF THE OCTOBER 8, 1986 MEETING :3.4:7 including all applicants, title owners, contract purchasers, and lessees of the land described in the application, all partners, both general and limited, in any partnership, and, if any of the foregoing is a trustee, each beneficiary having an interest in such land, and in the case of corporate ownership the names of stockholders, officers and directors; provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. 10-3-1. An application to the Board for a variance, special exception, or interpretation of the Zoning District Map, or any other case in which the Board has original jurisdiction under the provi- sions of this Ordinance may be made by any property owner, tenant, governmental officer, department, board or bureau. Such application shall be filed in triplicate with the Zoning Administrator, who shall transmit a copy thereof, together with V�J� all the plans, specifications and other papers pertaining to the / l J application, to the Chairman of the Board. Each such applica- N tion shall be accompanied by a filing fee of $100 to defray the W cost of processing said application, which amount shall be paid CO to the Director of Finance. Q All applications for a variance or special exception, shall include a disclosure statement, signed by the applicant and notarized, of the equitable ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest, including all applicants, title owners, contract purchasers, and lessees of the land described in the application, all partners, both general and limited, in any partnership, and, if any of the foregoing is a trustee, each beneficiary having an interest in such land, and in the case of corporate ownership the names of stockholders, officers and directors; provided, however, that the corporate require- ment shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. 11-2. Initiation of Amendments. (b) Amendments to the zoning boundaries or classification of property shown on the Zoning Map may be initiated by property owners of the land proposed to be rezoned, by the filing with the Council of a Zoning Map amendment petition addressed to the Council, which petition shall be on a standard form approved by the Planning Commission and provided by the Zoning Administrator, and accompanied by a fee of $300, plus $20 per acre, other material and data required in said form. Zoning Map Amendment Applications shall include a disclosure statement, signed by the applicant and notarized, of the equit- able ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest, including all applicants, title owners, contract purchasers, and lessees of the land described in the application, all partners, both general and limited, in any partnership, and, if any of the foregoing is a trustee, each beneficiary having an interest in such land, and in the case of corporate ownership the names of stockholders, officers and directors; provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. SECTION II. This amendment upon its adoption shall apply within the entire corporate limits of the Town of Leesburg. 348 MINUTES OF THE OCTOBER 8, 1986 MEETING SECTION III. A notice of public hearing on this amendment shall be published in the Loudoun Times Mirror on October 23, 1986, and October 30, 1966 for public hearing on November 12, 1986. In accordance with Section 15.1-431 of the Code of Virginia, as amended, this hearing shall be a joint public hearing of the Planning Commission and Council. The Clerk shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION IV. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment within 30 days of the public hearing. Martha Mason-Semmes summarized this resolution saying that this would require all applicants for rezoning, special exception or variance, to disclose all parties who would have an equitable interest in said application. Several councilmembers commented that this was an important piece of legislation and will assist the Council future applications. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None . 86-217 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 14 TO R. F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE- WATER TREATMENT PLANT On a motion by Mr. Tolbert and seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc. ; and WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the Council of the Town of Leesburg provides: "The Council at its option will require prior approval of all requisitions for payment under this contract" ; and WHEREAS, the contractor has submitted Payment Request No. 14 on September 25, 1986 and Camp, Dresser and McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering has recommended payment of Payment Request No. 14 in the amount of $311,435.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $311,435.00 ($327,826.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 14 for the Wastewater Treatment Plant Expansion Project. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS 86-218 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR CATOCTIN CIRCLE INDUSTRIAL SUBDIVISION, LOTS 6 AND 7 On a motion by Mr. Bos and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, the developer of Catoctin Circle Industrial Subdivision, Lots 6 and 7 has completed public improvements in accordance with town standards and specifications and these have been inspected and approved and the as- built drawings have been submitted and approved: MINUTES OF THE OCTOBER 8, 1986 MEETING 349 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The cash performance bond in the amount of $3,000 is reduced to $150 for a maintenance bond to be in effect for a period of one year from this date is approved. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila i 1Nay: None 86-219 - RESOLUTION - AUTHORIZING A PARADE, APPROVING AN ADMISSION FEE AND WAIVING THE VENDORS FEE FOR THE 125TH ANNIVERSARY BALLS BLUFF RE-ENACTMENT On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: T WHEREAS, Council Resolution No. 86-63 authorized use of Ida Lee Park CD on October 17-19, 1986, by the Loudoun Restoration and Preservation Society n I (LRPS) for a parade and living history encampment to commemorate. the 125th anniversary of the Battle of Balls Bluff; and l V� WHEREAS, this resolution provided for Council approval of the parade CO route; and Q WHEREAS, the LRPS has proposed an admission fee of $3.00 to the re- enactment on Saturday, October 18, 1986, with the proceeds intended to be added to the LRPS Balls Bluff Fund for historical interpretation of the Balls Bluff Battlefield Park; and WHEREAS, vendors known as "sutlers" who sell authentic Civil War paraphernalia are a part of the re-enactment; and WHEREAS, adequate preparations and safety precautions have been planned to ensure a safe and enjoyable event; and WHEREAS, this re-enactment and encampment will generate public recognition for the Balls Bluff Battlefield Park and promote tourism within our community: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager and Chief of Police are authorized to approve a parade permit for the 14th Tennessee Infantry to be held on October 18, 1986, beginning at 11:00 a.m. and running along King Street from Catoctin Circle to the Ida Lee Park entrance. SECTION II. The Council hereby approves collection by the Loudoun Restoration and Preservation Society of an admission fee of $3.00 per adult and $1.00 for ages 6-12, for the re-enactment on Saturday, October 18, 1986 at Ida Lee Park, with proceeds to be added to the LRPS Balls Bluff Fund for historical interpretation of the Balls Bluff Battlefield Park. SECTION III. The license and fee requirements of Section 17-68 of the Leesburg Town Code for peddler and itinerant vendors are waived for peddlers and vendors approved by the LRPS Balls Bluff Committee for the re- enactment scheduled for October 18, 1986. Mr. Williams wanted to congratulate all those involved with this important event for their efforts in bringing this tourist event to Leesburg. Mr. Bos reiterated what Mr. Williams had said and commended Mr. Reynolds and Mr. Harmon for the intense efforts put into this project and into the Balls Bluff preservation in general. Mr. Kelley and Mayor Sevila both added their commendations on the efforts put into the project. 350 MINUTES OF THE OCTOBER 8, 1986 MEETING Making Balls Bluff a national historical landmark was a project undertaken by Mr. Harmon and culminates years of dedicated work. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None Mayor Sevila recently attended the rededication of Pumper No. 3 at the Leesburg Volunteer Fire Department. He historically recalled the purchase of this pumper which recently underwent renovation. In 1929 the Town paid for part purchase of a new pumper. The pumper is symbolic of the support between the Council of the Town and the Volunteer Fire Department. On a motion of Mr. Kelley and seconded by Mr. Williams, Council voted unanimously to go into executive session to discuss personnel matters pertaining to appointments to the Planning Commission and other personnel matters. Section 2.1-344(1) of the 1950 Code of Virginia, as amended, permits the Council to discuss such matters in executive session. No staff members are required to attend. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None The Council reconvened at 9:42 with no action taken at the Executive Session. On a motion by Mr. Williams and seconded by Mr. Kelley, the meeting was adjourned at 9:44. Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor Sevila Nay: None Mayor Clerk of/ ouncil