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