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HomeMy Public PortalAbout1987_01_14 409 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 14, 1987 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on January 14, 1987 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 Council- member Brian Kelley. Present were Mayor Robert E. Sevila, Councilmembers Arl Curry, Brian Kelley, John Tolbert, Jr. , and Charles Williams. Council- member Jerry Pelkey was absent. Staff members present were Town Manager, Jeffrey Minor, Director of Finance, Paul York, Director of Planning, Zoning and Development, Martha Mason-Semmes, Director of Engineering and Public Works, Tom Mason and Deputy Town Attorney, Deborah Welsh. On a motion by Charles Williams and seconded by Brian Kelley it was recommended that the minutes of the September 10, 1986, September 24, 1986 and October 8, 1986 regular Council meetings be approved as submitted. Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None T On a motion by Charles Williams and seconded by John Tolbert, it was CD On that the minutes of the special meeting of November 19, 1986 be N approved as submitted. N W Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None PETITIONERS Charles A. Bos, former Councilmember, addressed the Council on his service with the Council. He has recently been appointed to the Loudoun County Board of Supervisors vacancy. Covering the topic of growth in the town and the challenge of future growth, he mentioned that it will be important to maintain the present flavor of the town. Presently someone can go into the town office and centrally obtain the information needed. Mr. Bos stated" that he hoped that the proposed new town office will maintain that opportunity. Council has provided the opportunity for good staff development within the town and the staff has broadened the horizons of- concerns they are addressing. He went on to give some points that he felt very important: First, never forget who you are working for. Addressing the needs of the citizens. is first and foremost as a public official. Secondly, maintaining a goodrapport with the staff, and respecting the members of the development community is important. Third, don't try to resurrect a defeated issue. Maintaining a sense of humor, reviewing the goals and objectives and giving thanks to family and associates for their support is important. He said he hoped to see the Town/County relationship improve. Certainly there will be differences but he hopes they will be approached in a more cooperative manner in the future. Things such as traffic, development that will impact the town and those issues requiring mutual agreements between the town and the county must always be addressed. He hopes to assist in the development of a County/Town policy committee. At this time Mayor Sevila presented Mr. Bos with a Certificate of Appreciation honoring his service to the Town over the years. The Mayor went on to say that he feels that the relationship between the Town and the County will definitely improve with Mr. Bos' recent Council experience. He thanked Mr. Bos for-his very dedicated concern and service to town matters. Charles Williams also thanked Mr. Bos for his many years of service on the Council. He said that it will be difficult to find someone with the same dedication and insight that Mr. Bos possessed as a Councilmember. Arl Curry said that he would greatly miss Mr. Bos. He" feels that there was a great deal of respect and mutual work with Mr. Bos. Brian Kelley said that the town has lost but the county has gained an outstanding person. John Tolbert quoted some appropriate proverbs and thanked Mr. Bos for his dedicated service to the town. 410 MINUTES OF THE JANUARY 14, 1987 MEETING Mayor Sevila then recognized the Downtown Business Association for their "First Night Leesburg" New Year's Eve celebration. He said that this was a very successful program that was made possible by many people. At this time he asked Patricia Elsea, Chip Groff and Sue Webb to come forward, along with any members of the Board of Directors of this program. For the Board of Directors of First Night Leesburg the Mayor presented a Certificate of Appreciation for the promotion of First Night Leesburg. Patricia Elsea thanked the Mayor and the town for their financial assistance along with the assistance of the people. Chip Groff also thanked Peter Dunni*g and the Bluemont Concert ,Series 1 for their contribution to this fine program. i Last week Dorothy McDonald came to the Council stating that this is the Diamond Jubilee of Loudoun Memorial Hospital. She addressed Council with the request that the Hospital be allowed to erect a sign commemorating this event. Mayor Sevila read the following proclamation into the record. PROCLAMATION WHEREAS, Loudoun Memorial Hospital is celebrating its seventy- fifth anniversary throughout 1987; and WHEREAS, Loudoun Memorial Hospital since its establishment in 1912 has expanded from six rooms in a downtown residence to a full service hospital providing acute long term and psychiatric care to some 60,000 residents of Loudoun County and adjoining areas of Mary- land and West Virginia; and WHEREAS, Loudoun Memorial Hospital's physical plan includes 119 acute care beds and 100 beds separately licensed nursing home and a 24 hour emergency department with both the hospital and long term care facility being fully accredited by the Joint Commission on Accredidation of Hospitals; and WHEREAS, Loudoun Memorial Hospital's active and associate medical staff includes more than 65 physicians and dentists representing 19 specialties and subspecialties with 39 physicians and dentists providing courtesy in consultation; and WHEREAS, Loudoun Memorial Hospital is the largest non-governmental employer in Loudoun County with a staff of more than 650 employees and an annual operating budget of $22 million. THEREFORE, BE IT PROCLAIMED that 1987 is hereby designated as Loudoun Memorial Hospital's diamond jubilee and all citizens of Leesburg are urged to participate in this celebration. The Mayor asked the Council to consider taking item 10a of the agenda this evening out of order and presenting it for approval at this time. 87-1 - RESOLUTION - APPROVING A PUBLIC SERVICE SIGN FOR THE LOUDOUN MEMORIAL HOSPTIAL DIAMOND JUBILEE On a motion by Mr. Williams and seconded by Mr. Curry the following resolution was proposed and unanimously adopted: WHEREAS, a committee of citizens has planned a series of events to celebrate the Loudoun Memorial Hospital's 75th Anniversary and has requested a public. service sign at the intersection of West Market Street and Memorial Drive; and WHEREAS, it has been requested that the Town Council approve this sign for a one year period from January until December 31, 1987; and WHEREAS, the proposed sign will not detract from the streetscape and will assist the hospital in celebrating its anniversary: Ai MINUTES OF THE JANUARY 14, 1987 MEETING 41:1 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The requested four foot by four foot public service sign, to be located at the intersection of West Market Street and Memorial Drive may be erected within the public right-of-way, as approved by the Leesburg Board of Architectural Review. Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None At this time the Mayor asked for a five minute recess. The meeting was reconvened by Vice Mayor Charles Williams since Mayor Sevila had to leave the meeting. PUBLIC HEARING ON THE APPLICATION BY N.V. LAND FOR CONCEPT PLAN APPROVAL ANDTOWN PLAN AMENDMENT FOR THE STOWERS TRACT ( IJVMr. Minor stated that this project involves about 448 acres, on which ^ ' 1300 units are proposed as follows: 279 lerge-lot single family; 127 small- lot single family, 420 multi family dwelling units, 474 townhouses, a mixed COuse center of approximately 350,000 square feet and an employment area of W 1.2 million square feet. At this time he turned the meeting over to the Q applicant for presentation. Beck Dickerson of Kamstra, Dickerson and Associates, representative for the owner, gave some background first on NV Land. This company is a multi-faceted cornoration that develops commercial, apartments, townhouses and single family houses. NV Land will develop this project totally. The project has gone through planning commission review. Pointing out the plat, I Mr. Dickerson showed some changes that were agreed upon in the planning commission review stage. One change was a four cloverleaf interchange. He went on to point out the proposed relocation of Route 643 through the development. The roads through the development will comply with the master transportation plan of the town. There will be a 27-acre lake in the northeast quadrant which will provide frontage for commercial and residential properties. There will be public access and use to a portion of the lake also. Because of the open space and public use requirements for the tract (approximately 33%) the mix of other uses is spread fairly evenly. Two community centers are planned which will also house sales and rental offices. The 73 acres of planned employment is proposed to house research and development type businesses. Fred Hetzel stated some of his concerns with the configuration of Sycolin Road and its approach toward the airport. He is a Leesburg resident and a co-owner of a piece of land on the northwest section of the Sycolin Road, route 15 Bypass intersection. They have just completed some plans that have incorporated improvements to Sycolin Road in that area. It has been said that Sycolin Road would have a cul-de-sac in this area in the future, but there is a great deal of traffic using the intersection currently. Their plans include a much safer intersection which incorporates using an island. He asked that Council consider similar safety features for the intersection across the bypass also. The new interchange that is proposed in the area must be studied carefully to try to analyze the impact that it will have on other major traffic areas in town. 1 Since there was no further comment from the public, the public hearing on the application by NV Land for their concept plan on the Stowers Tract was closed at this time. On a motion by Mr. Kelley and seconded by Mr. Curry it was recommended that this be put on the agenda of the Finance and Administration Committee for further consideration. Aye: Councilmembers Curry, Kelley, Tolbert, and Vice Mayor Williams Nay: None 412 MINUTES OF THE JANUARY 14, 1987 MEETING PUBLIC HEARING ON THE REZONING APPLICATION #ZM-78 BY MARKET SQUARE ASSOCIATES FOR REVISION OF ZONING MAP FROM TOWN M-1 TO TOWN B-1 FOR AN ELDERLY HOUSING PROJECT and PUBLIC HEARING REQUESTING SPECIAL EXCEPTION #86-1A AND #86-1B BY MARKET SQUARE ASSOCIATES FOR THE ELDERLY HOUSING PROJECT Mr. Minor stated that these are two separate but related applications. The special exception is required under the B-1 zoning. Therefore, these items are being considered under one hearing. Bruce Brownell of Market Square Associates, the applicant in the request, stated that this piece of property is really a composite of four parcels formerly the site of the Leesburg stockyard and three other private homes. The use of this land for elderly residential housing is perfect because it is centrally located allowing the residents to access stores, and other downtown services. Because of the lack of state funding for elderly projects at this time a combined residential/commercial use is proposed. -commercial being on the ground floor and residential on the other three floors. Parking will be a problem. They are proposing 64 one bedroom, efficiency type apartments of approximately 500 square feet per unit. There are no programs available to subsidize the rent, however, Section 8 is still available. Under Section 8 you pay a portion of your income for rent. The commercial area will be restricted to be compatible to the tenants, and will address the parking shortage. There is a possibility that the county nutritional program could be housed within this complex, along with some other programs. Mr. Kelley stated that the nutritional program could create a real parking problem. Mr. Tolbert also stated that senior citizens are brought in from all around for these nutritional programs and parking for all of them would definitely be prohibitive in the small parking lot that is proposed. Mr. Brownell stated that he would like to put a parking lot in the area of Perry Engineering saying that he could get a lot of parking spaces on that piece of land. John Lindamin emphasized the fact that there is a great need for. more senior housing. There are only about 350 efficiency size apartments available in the county now. He feels that the density is not too high since this is a multi-story facility with adequate parking. Since many elderly do not have their own vehicles, the parking requirements are much less than normal apartment type facilities. There is also a definite need for a facility for the county nutrition program. Since there has been money appropriated but no space appropriated, a central location would be ideal. This program serves many people, most of whom are bussed in to the sites. Actually a senior center is necessary but it has been said that a center can't be built by the county when the money is there for only a kitchen. He also feels that this could be a good county/town mutual project. Gil Freedman, owner of a business at the end of Depot Court, has some concern about the parking situation. The businesses on Depot Court maintain that road and he does not want to see parking on that street. He feels that parking there would make the road too narrow to negotiate for some of the business vehicles. Mr. Williams asked Mr. Minor if that was a private street. He answered that it is a private road with a maintenance agreement for snow removal with the town. Reavis Sproull offered some philosophical thoughts on elderly housing. He asked how many times have the elderly been consulted on projects of this type. Most of the elderly he knows like to maintain their own homes, their own individuality and also like to work in the soil. Never have these plans taken this into consideration. To pile old people on top of each other does not do anything to maintain the quality of life of Loudoun County or Leesburg. It would be more ideal to convert an old motel complex where at least everyone would have a ground floor unit and could walk.out the door and "play in the soil". I MINUTES OF THE JANUARY 14, 1987 MEETINGT. At this point the public hearing was closed since there was no further public comment. On a motion by Mr. Kelley and seconded by Mr. Tolbert) it was recommended that this rezoning application and special exception request be forwarded to the Finance and Administration Committee for further consideration at - its January 20 meeting. Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None At this point there was another five minute recess. The meeting was reconvened by Vice Mayor Williams. COUNCILMEMBER COMMENTS Mr. Curry reported that the actions of the Planning Commission had T been addressed in the manager's activity report. One item he did want to V^ 'J discuss was that the Comprehensive Plan Committee of the Planning l.1 commission was reviewing some of the zoning ordinance revisions and one N concern was the schedule of the rewriting of the zoning ordinance. He W suggested that the section on commercial uses and commercial districts M should be addressed by the Council at their Finance and Administration Q Committee meetings since there are many policy issues that need to be addressed. After this it should go to the Planning Commission. The Planning Commission should also be more actively involved in the revision of I the zoning ordinance. A special meeting to take up these points is suggested. Mr. Williams requested Mr. Minor to set up a special meeting of the Finance and Administration Committee to consider the above issue. i Mr. Kelley reported that the Economic Development1Advisory Commission met this morning and that they had their first speakers meeting: Mr. Ed Bern from the Evans Company addressed the commission. This was a very informative and interesting meeting. This group not only comes into the community to develop a property, but stays to manage that property, thus becoming involved in the community. MANGER'S REPORT The development review summit has a progress report for the Planning Commission. They intend to present this at their January 22 meeting. This report will include progress made and future goals in making the development process more effective and prompt. There will be a representative from the Government Finance Officers Association to make a formal presentation of the award for distinguished budget presentation for the FY 1987 budget. This is a good indicator to the bond community that we are well prepared in our financial presentations. I Tom Poupard is in Richmond addressing the highway departments proposed interchange that is not considered safe by the town. LEGISLATION On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolutions were proposed and adopted as consent items: 87-2 - RESOLUTION - REQUESTING THAT THE GENERAL ASSEMBLY STUDY THE NEED I TO RELAX CERTAIN STATE URBAN LOCAL STREET STANDARDS WHEREAS, certain state right-of-way and pavement width standards for local streets are more stringent than necessary for the public health, safety and welfare;. and 414 MINUTES OF THE JANUARY 14, 1987 MEETING WHEREAS, state right-of-way and pavement width standards for urban local streets in Leesburg are in some cases more stringent than standards for local streets in neighboring counties which are experiencing similar growth and development patterns; and WHEREAS, the town has outlined these concerns in a position paper entitled, "The Need for Changes in State Urban Local Street Standards"; and WHEREAS, this Council supports further research by the Virginia Depart- ment of Highways and Transportation concerning these issues as a prerequisite to revising applicable state enabling legislation; and WHEREAS, this Council expressed these concerns earlier in a resolution adopted on February 13, 1985, and forwarded to the Virginia Department of Transportation; and WHEREAS, this Council believes that revising certain state urban local street standards is consistent with recent state transportation initiatives because of potential savings in construction and maintenance costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Virginia General Assembly is requested to initiate a study of the disparities between local street standards imposed by the Commonwealth on municipalities and those which apply to urban counties. SECTION II. The manager is authorized and directed to transmit this resolution to Senator Charles L. Waddell, Delegate Kenneth B. Rollins and Commissioner Ray D. Pethel, Virginia Department of Transportation. 87-3 = RESOLUTION - REQUESTING THAT THE GENERAL ASSEMBLY AUTHORIZE THE TAYLOE MURPHY INSTITUTE OF THE UNIVERSITY OF VIRGINIA TO PREPARE POPULATION ESTIMATES FOR TOWNS WHEREAS, a number of state funding allocation formulas rely upon pop- ulation estimates prepared by the Tayloe Murphy Institute (TMI) of the University of Virginia; and WHEREAS, TMI currently prepares annual population estimates only for cities and counties; and WHEREAS, Virginia's towns receive alcoholic beverage revenues, highway contribution and maintenance funds and other state assistance based on population; and WHEREAS, the absence of annual population estimates places towns at a great disadvantage in the receipt of funds allocated on the basis of population: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Virginia General Assembly is requested to authorize the Tayloe Murphy Institute of the University of Virginia to prepare annual population estimates for towns. SECTION II. The manager is authorized and directed to transmit this resolution to Senator Charles L. Waddell and Delegate Kenneth B. Rollins. 87-4 - RESOLUTION - APPROVING AN ENCROACHMENT OF THE LOUDOUN STREET RIGHT-OF-WAY WHEREAS, Norman Myers has proposed the enlargement of a structure at 11 Loudoun Street, SW; and WHEREAS, the Board of Architectural Review has approved the architect- ural drawings for the building which includes a second story balcony which encroaches approximately 3 feet over the right-of-way with a 9 foot clearance over the sidewalk: MINUTES OF THE JANUARY 14, 1987 MEETING 415 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: In accordance with Section 16-36 of the Town Code, the encroachment of the Loudoun Street right-of-way by the proposed building at 11 Loudoun Street, SW, as shown on drawings prepared by Ballinger and LaRock, is approved. 87-5 - RESOLUTION - AUTHORIZING THE SUBORDINATION OF A DEED OF TRUST, RELEASING AND ESTABLISHING A DEED OF TRUST ON PROPERTY OWNED BY RUCRER-BAYS' LIMITED PARTNERSHIP WHEREAS, the Town of Leesburg has a deed of trust on property owned by Rucker-Bays Limited Partnerhsip to guarantee the reimbursement of costs for the extension of Catoctin Circle; and WHEREAS, the owners wish to establish an ingress-egress easement and a sidewalk easement that will permit access across the site; and 0) WHEREAS,. the Leesburg Planning Commission approved a plat of re- subdivision for the subject property; and W • WHEREAS, a boundary line adjustment plat has been approved for the subject property; and CO Q WHEREAS, all three of these actions require the consent of the town. NOW, THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Deborah Welsh is authorized to subordinate the town's deed of trust to permit the establishment of a sidewalk and-ingress-egress easement as shown on a plat prepared by Patton Harris & Rust. SECTION II. Deborah Welsh is authorized to execute a deed of boundary line adjustment for the- exchange of property between Rucker-Bays Limited Partnership and First Virginia Bank. - SECTION III. Deborah Welsh is authorized to execute a deed of boundary line adjustment•for the exchange of property between Rucker-Bays• Limited Partnerhsip and Wallace-Paulson. 87-6 - RESOLUTION - ENDORSING STAFF COMMENTS ON THE PROPOSED REVISIONS TO THE APPROVED POTOMAC PARK PROFFERS AND CONCEPT PLAN WHEREAS, Xerox Realty Corporation is requesting certain modifications to the proffers and concept plan which were approved by the Loudoun County Board of Supervisors as part of ZMAP #85-13; and WHEREAS, Section J, paragraph 1 of the Annexation Area Development Policies (AADP's) provide that the Town and County shall refer land development applications to each other for review and comment prior to Planning Commission public hearings or recommendations to the approving • body; and WHEREAS, the town, county and Xerox Realty Corporation have reached an agreement regarding the provision of water and sanitary sewer service to the Potomac Park development; and WHEREAS, Xerox Realty Corporation has revised their concept plan and proffers to reflect the agreement for water and sanitary sewer service to the property; and WHEREAS, the agreement between the town, county and Xerox Realty Corp- oration requires the county to amend the Leesburg Area Management Plan (LAMP) in conformance with the agreement; and WHEREAS, the Council of the Town of Leesburg has endorsed the future extension of the Loudoun Parkway to the Town: 416 MINUTES OF THE JANUARY 14, 1987 MEETING THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This Council endorses the Xerox-Potomac Park review comments dated December 2, 1986 and directs the manager to transmit the comments to the County of Loudoun for distribution to the County Board of Supervisors. SECTION II. This Council requests that Loudoun County amend the. Leesburg. Area Management Plan to reflect the agreement between the Town, County and Xerox Realty Corporation. SECTION III. This Council also requests that the AADP's and LAMP be amended to show the future extension of the Loudoun Parkway from Dulles International Airport to the Leesburg Corporate limits. 87-7 - RESOLUTION - CONSENTING TO THE VACATION AND ESTABLISHMENT OF A WATER LINE EASEMENT FOR COLONIAL SELF STORAGE WHEREAS, a subdivision plat dividing the property of W. David Frenzel, Tees, has been approved by the Leesburg Planning Commission and recorded • among the land records of Loudoun County; and WHEREAS, the water line constructed to serve the warehouse built on Lot 1 of this subdivision is not located within the recorded water line ease- ment; and WHEREAS, a revised plat that establishes a new water line easement has been prepared: NOW, THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. In accordance with Section 15.1-482 of the 1950 Code of Virginia, as amended, the water line easement shown on the plat of Frenzel recorded at Deed Book 875, page 874 is hereby vacated and a new 10-foot water line easement shown on a plat of vacation and dedication of water line easement is hereby established, prepared by Bengtson, DeBell, Elkin & Titus. SECTION II. The Mayor is authorized to execute an easement agreement and deed of vacation. 87-8 - RESOLUTION - AUTHORIZING A JOINT PUBLIC HEARING FOR AMENDMENT TO THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING MAXIMUM LENGTH OF DEAD-END STREETS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Notice of Public Hearing to consider a proposed amendment of Section 13-73(j) of the Subdivision and Land Development Regulations of the Town Code shall be published in the Loudoun Times Mirror on January 29, 1987 and February 5, 1987 for public hearing on February 11, 1987 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. 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 II. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment within 30 days of the public hearing. 87-9 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 17 TO R. F. KLINE, INC. FOR WORK COMPLETED AT THE WASTEWATER TREAT- MENT PLANT WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc. ; and MINUTES OF THE JANUARY 14, 1987 MEETING +1,• 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. 17 on December 19, 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. 17 in the amount of $382,129.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $382,129.00 ($402,242.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 17 for the Wastewater Treatment Plant Expansion Project. NAye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams N Nay: None W co Absent: Mayor Sevila and Councilmember Pelkey Q 87-10 - RESOLUTION - ESTABLISHING A REVISED IN-LIEU PARKING FEE FOR THE H-1 HISTORIC DISTRICT On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and adopted: WHEREAS, Section 2-7-1(c) of the Leesburg Zoning Ordinance provides that developers within the H-1 Historic District may provide a portion or all required off-street parking by means of an in-lieu payment to a town parking fund, such payment to be based on a fee to be established from time to time by resolution of this Council; and WHEREAS, this Council is proceedingwith the design and construction of a structured parking facility on the downtown muncipal parking lot; and WHEREAS, the current in-lieu parking fee of $1600 was based on the cost of constructing a surface space and does not adequately reflect the cost of providing public structured parking in-lieu of required private spaces: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A revised parking fee of $3000 per parking space is hereby established as a payment in lieu of providing required off-street parking within the H-1 Historic District in accordance with the requirements of Section 2-7-1(c) of the Leesburg Zoning Ordinance. The fee shall be paid to the town in one lump sum prior to the issuance of a zoning permit for the affected activity. SECTION II. Funds derived from such fees shall be deposited by the town in a special account to be used- exclusively-for the purpose of planning, designing, •acquiring•and developing public off-street parking facilities in the H-1 Old and Historic District. Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila and Councilmember Pelkey 418 MINUTES OF THE JANUARY 14, 1987 MEETING 87-11 _ RESOLUTION - REQUESTING THAT. THE GENERAL ASSEMBLY AMEND. SECTION _ 15.1-499.1 OF THE CODE OF VIRGINIA PERTAINING TO CIVIL PENALTIES FOR ZONING VIOLATIONS On a motion by Mr. Tolbert and seconded by Mr. Curry, the following resolution was proposed and adopted: WHEREAS, Section 15.1-499.1 of the Code of Virginia, 1950, as amended, provides certain counties and towns, but not.the Town of Leesburg, with the authority to pursue zoning ordinance violations under civil_ procedures; and WHEREAS, the Town has difficulties in abating minor zoning violations; and WHEREAS, this Council believes that bringing criminal proceedings against Leesburg. citizens for simple zoning ordinance violations is an unrealistic and excessive remedy in. most cases: THEREFORE, RESOLVED by the,Council of. the Town of Leesburg in. Virginia as follows: SECTION I. The Virginia General Assembly is requested to amend Section 15.1-499.1 of the Code of Virginia, 1950, as amended to include the Town of Leesburg. • SECTION II. The manager is authorizedand.directed to transmit this resolution to Senator Charles L. Waddell and Delegate Kenneth B. Rollins. Mr. Kelley stated that he feels there are ample regulations in place within the town to handle these violations and opposes this resolution. Mr.. Curry feels that this will be a beneficial resolution and will make things easier for the violators in the long run. Mr. Tolbert asked why the Town,of Leesburg is currently excluded. from this type of process. Mr. Minor answered because only a few localities have requested this type of legislation to date. 1 Mr. Williams also made some comments on this legislation and said that he feels that it .will be beneficial legislation to the Town. . , . By. roll call the vote on this was as follows: Aye: . Councilmembers Curry, Tolbert and Vice Mayor Williams Nay: Councilmember Kelley Absent: Mayor Sevila and Councilmember Pelkey It was recommended by Mr. Kelley that the resolution initiating pro- posed amendments to. the Leesburg Zoning Ordinance regarding disclosure of real parties in interest be removed from the agenda and referred -to the Finance and Administration Committee for the proper piece of legislation. 87-12 - RESOLUTION - AUTHORIZING A CONTRACT. WITH BROTHERS SIGNAL AND CONTROL COMPANY, INC. FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF FORT EVANS ROAD AND EAST MARKET STREET On a motion by Mr. Tolbert and seconded by Mr. Kelley the following resolution was proposed and adopted: WHEREAS, the engineering consulting. firm of Bellomo-McGee, Inc., prepared construction plans and specifications for a traffic signal at the intersection of Fort Evans Road and East Market Street; and MINUTES OF THE JANUARY 14, 1987 MEETING 3 4'l 3 WHEREAS, sealed bids for the installation of the traffic signal were opened on Monday, December 22, 1986, and Brothers Signal and Control Company, Inc. is the low bidder with a bid of $73,967.50; and WHEREAS, Bellomo-McGee, Inc., has reviewed the bids and advised the Town of Leesburg that the Brothers Signal and Control Company, Inc., was the qualified low bidder and recommended award of contract to them: ' THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A contract award is made to Brothers Signal and Control Company,Inc., of Leesburg, Virginia for the installation of the traffic signal at the' intersection of Fort Evans Road and East Market Street on a lump sum basis in the amount of $73,967.50. SECTION ZI. The manager shall enter into a contract with Brothers Signal and Control Company for the installation of the traffic signal based on this award. - - . 4 Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None On a. motion by Mr. Kelley and seconded by Mr. Curry, the following resolution was proposed and adopted: WHEREAS, the Economic Development Advisory Committee (EDAC) has developed an ambitious set of goals to be pursued during 1987; and WHEREAS, these goals are summarized herewith as follows: S 1. Develop public support for Loudoun Parkway connector to Leesburg 2. Focus marketing and advertising efforts to raise -Leesburg's profile in Northern Virginia 3. Establish a speaker's forum for EDAC's monthly meetings 4. Develop a new Airport Marketing Brochure 5. Coordinate Economic Development activities with Loudoun County's Department of Economic Development 6. Encourage the continuation of Street Improvement Programs 7. Continue industry visitation program 8. Promote industrial and office development for the Route 7 and Airport areas 9. Increase the usage of the trade show display unit 10. Improve existing brochure distribution activities 11. Publish Leesburg Dining Guide 12. Publish Welcome to Leesburg brochure 13. Evaluate and recommend to manager need for addressing staff support for the Town's Economic Development Program WHEREAS, Council has reviewed these goals and is in complete agreement as to their appropriateness. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: ' The Economic Development Advisory Committee's 1987 goals are hereby supported and endorsed as consistent with the economic development objectives of the town. Mr. Kelley commended Steve Owen for his help in developing these goals and the work he does for EDAC. He feels that these goals along with strong commitments by the committee and the town will make Leesburg a viable area for economic development. Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None MINUTES OF THE JANUARY 14, 1987 MEETING ' 419 WHEREAS, sealed bids for the installation of the traffic signal were opened on Monday, December 22, 1986, and Brothers Signal and Control Company, Inc. is the low bidder with a bid of $73,967.50; and • WHEREAS, Bellomo-McGee, Inc., has reviewed the bids and advised the Town of Leesburg that the Brothers Signal and Control Company, Inc., was the qualified low bidder and recommended award of contract to them: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A contract award is made to Brothers Signal and Control Company,Inc., of Leesburg, Virginia for the installation of the traffic signal at the' intersection of Fort Evans Road and East Market Street on a lump sum basis in the amount of $73,967.50. SECTION II. The manager shall enter into a contract with Brothers Signal and Control Company for the installation of the traffic signal based on this award. SECTION III. An appropriation of $10,000 is made to account number ^ , 4102.700.092.200, Traffic Signals from the unappropriated fund balance. I \W MMWI 87-13 - RESOLUTION - ENDORSING THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE'S I W 1987 GOALS Q On a. motion by Mr. Kelley and seconded by Mr. Curry, the following resolution was proposed and adopted: . WHEREAS, the Economic Development Advisory Committee (EDAC) has developed an ambitious set of goals to be pursued during 1987; and WHEREAS, these goals are summarized herewith as follows: 1. Develop public support for Loudoun Parkway conn^ctor to Leesburg 2. Focus marketing and advertising efforts to raise -Leesburg's profile in Northern Virginia 3. Establish a speaker's forum for EDAC's monthly meetings 4. Develop a new Airport Marketing Brochure 5. Coordinate Economic Development activities with Loudoun County's Department of Economic Development 6. Encourage the continuation of Street Improvement Programs 7. Continue industry visitation program 8. Promote industrial and office development for the Route 7 and Airport areas 9. Increase the usage of the trade show display unit 10. Improve existing brochure distribution activities 11. Publish Leesburg Dining Guide 12. Publish Welcome to Leesburg brochure 13. Evaluate and recommend to manager need for addressing staff support for the Town's Economic Development Program WHEREAS, Council has reviewed these goals and is in complete agreement as to their appropriateness. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Economic Development Advisory Committee's 1987 goals are hereby supported and endorsed as consistent with the economic development objectives of the town. Mr. Kelley commended Steve Owen for his help in developing these goals and the work he does for EDAC. He feels that these goals along with strong commitments by the committee and the town will make Leesburg a viable area for economic development. Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None 420 MINUTES OF THE JANUARY 14, 1987 MEETING 87-14 RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTABLE WATER AND SEWER ACCOUNTS On a motion by Mr. Curry and seconded by Mr. Kelley the following resolution was proposed and adopted: " WHEREAS, the audit report for the fiscal year ended June '30, 1986, stressed the need to improve collection procedures of delinquent water and sewer accounts; and WHEREAS, one of the recommendations was to identify those accounts considered to be uncollectable and write them off the town books: " THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the attached listing of delinquent water and sewer accounts is authorized to be written off the town's books and records as uncollectable accounts. Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila and Councilmember Pelkey NEW BUSINESS 87-15 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PER- FORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR LEESBURG SQUARE SUBDIVISION, LOT 6 (BEST WESTERN MOTEL SITE) On a motion by Mr. Tolbert and seconded by Mr. Curry, the following resolution was proposed and adopted: WHEREAS, the developer of Leesburg Square, Lot 6 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: THEREFORE, RESOLVED by the Council -of the Town of Leesburg in"Virginia as follows: '- SECTION I. The irrevocable letter of credit in the amount of $27,335 from Marshall National Bank and Trust Company 'is 'released. A maintenance bond to be in effect for a period of one year from this date in the amount of $1,367 is approved. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements free of any liens or charges. Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila and Councilmember Pelkey 87-16 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF DARRELL E. RODGERS, SR., ET UX. FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 111 TITLE -15.1-OF THE CODE OF VIRGINIA, AS AMENDED On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was' proposed and adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF THE JANUARY 14, 1987 MEETING 421 The application of Darrell E. Rodgers, Sr., Et Ux. for revision of the zoning district map, assigned No. ZM-85, to rezone 24,826 square feet of land from Town R-2 to Town B-2, isreceived;and^referred 'to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila and Councilmember Pelkey On a motion by Mr. Kelley and seconded by Mr. Curry, Council voted unanimously to go into executive session to discuss the sale of real property and litigation. Section 2.1-344(2) and Section 2.1-344(6) of the 1950 Code of Virginia, as amended, permits the Council to discuss such matters in executive session. The following staff are requested to participate in this meeting: Town Manager, Town Attorney, Directors of Engineering, Finance, and N Planning, Zoning and Development, and the Zoning Administrator. MW Council reconvened and presented the following resolution for adoption: W 87-17 - RESOLUTION - APPOINTING LEWIS, TYDINGS, BRYAN AND TRICHILO, P.C. Q AS SPECIAL COUNSEL RESOLVED by the Council of the Town of Leesburg in Virignia as follows: Lewis, Tydings, Bryan and Trichilo, P.C. is appointed special- counsel to represent the town and defendants in the following cases in the Loudoun County Circuit Court: Russell L. Oates, Jr. vs. James T. Wright At Law No. 8455 Russell L. Oates, Jr. vs. William L. Hughes, Jr. At Law No. 8454 Aye: Councilmembers Curry, Kelley, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila and Councilmember Pelkey It was duly moved and seconded to adjourn the meeting. Mayor Clerk of c.uncil