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HomeMy Public PortalAbout1976_03_24 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 24, 1976. 17 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on March 24, 1976 at 7 : 30 P.M. •The meeting was called to order by the Mayor with Councilman Newman offering the invocation, and followed with the Salute to the Flag. Present were:. Mayor G. Dewey Hilt, Councilmen Char-les. E:' Binge, James H. Chamblin, Mary Anne Newman,. Robert A. Orr, James A: Rock. and C. Terry Titus ; also Town Manager John Niccolls and Town Attorney George M. Martin. - The minutes of regular meeting of March 10, 1976 were approved as written. i On motion of Councilman Rock, seconded by Councilman Newman, the first reading of a proposed ordinance amending the Town Code concerning Nuisances, Grass and Weeds was approved, with direction to the Clerk of Council to advertise- said ordinance in the Loudoun Times-Mirror for public hearing on April 28, 1976. After discussion, the motion was withdrawn and, on motion of Councilman Chamblin, seconded by Council- man Rock, Council voted unanimously, as shown, to table the proposed ordinance, to -be discussed at the workshop session on April- 10th. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and - Mayor Hill . • CZ Nay: None. . , On motion of Councilman Titus, seconded by Councilman Bange, Coun- CZ cil voted unanimously to waive the reading of a proposed ordinance to Q amend 'certain sections of the Town Code habing to do with parking in or obstructing fire lanes and the penalty for violation of same, and with the penalty and methods of payment for violation of other parking regu- lations within the corporate limits . On motion of -Councilman Titus, seconded by Councilman Rock, Council voted unanimously to strike the "emergency ' section of this proposed ordinance. —There followed dis- cussion concerning the amount and method of payment of penalty for parking in or- obstructing a fire lane: ' 'On motion- of Councilman Rock, seconded by Councilman Bange, motion was made - to. delete the .words I "Any person.violating -subsection .(a) .of this •section shall, upon con- viction, be punished as prescribed in- Section 7-.77" from Sec. 7-387(c) , thus leaving that section to read as follows : (c) .The penalty for. violations of subsection` (a).. shall be a minimum fine of -$5.00 and a maximum fine of $25. 00, and the treasurer is hereby authorized to accept the sum of $5. 00 as the fine and penalty of subsection (a), provided the same is received by the treasurer within 72 hours from the date of the violation. , A roll call •vote on this motion was 4 to..3,' as shown: Aye: Councilmen Bange, Newman, Orr and Rock. Nay: Councilmen •Chamblin, Titus and Mayor Hill. After further discussion, on motion of Councilman Titus, seconded by Councilman Orr, .Council voted..unanimously,- as shown, to send this pro posed ordinance .back to workshop session for further clarification. Aye:• Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. On motion of Councilman Bange, seconded by Councilman Orr, the I following ordinance was proposed: BE IT -ORDAINED -by -the Tow -Council of Leesburg, Virginia, as follows : . •SECTION I. -That Sections 15-14 and 19-23 .of the Town •CodeV • • are hereby amended to read as follows : i • Section .15-14: Availability charge for sewer taps. ' . • . • (a) In addition to the fees prescribed by Section 15-12 and 15-13,• ,there shall be an .availability charge. This charge shall. apply to every. sewer. tap application. and •be a fixed charge,. based on the type of land use as stated below, - and be !( � . :fit<<�t-aft 18 MINUTES OF MARCH 24, 1976 MEETING. •. due and payable as follows : lone-half prior to issuance of a zoning permit and one-half prior to occupancy or use of the ' structure or premises . Such charge shall be as - follows :- (1) For single-family dwellings, . town houses, duplexes, semi-detached units , multi-family units , apartments, condominiums and mobile parks, $1 , 300. 00 per living unit. (2) For motels, $1, 300. 00 for the first unit and $100. 00 for-each additional unit. , , . (3) For churches, restaurants, stores, service stations, other commercial and industrial buildings and insti- tutional-type buildings, such as schools, hospitals, nursing homes and governmental buildings, $1,-300. 00 plus $25. 00 for .each fixture. . (b) -This section 'shall not .be applicable to those build- ings within- the corporate limits for which a building permit was• issued prior - to June 10, 197O,,.nor_ to. those lots within or without the corporate limits for which a tap fee has been paid prior to June 10, 1970. Section 19-23. Availability charge. • • (a) In addition to the above fees prescribed in Section 19-21. and. 19-22, there shall be an 'availability charge. This charge., shalldapplyttoLeyery water tap application- and .be a fixed charge., based on the type of land use as stated below, and be due and payable as follows : one-half prior to issuance of a zoning permit and one-half prior to occupancy or use of the structure or premises. Such charge shall be as follows :' (1) , For single-family dwellings , town houses, duplexes, semi-detached units, multi-family units, apartments, condominiums and mobile home parks, $1, 300. 00 per living unit. (2) . For motels, $1, 300. 00 for the first unit and $100. 00 for each additional unit: (3) For churches , restaurants, stores, service stations and other. commercial and industrial buildings and institutional-type buildings, such as schools, hos- pitals, nursing homes and governmental buildings, $1, 300. 00, plus $25. 00 for.:each fixture. (b) This section shall not be applicable to those build- ings within the corporate limits for which, a building permit was issued prior to June 10, 1970, nor to those lots within or without the corporate limits for which a tap fee has been paid prior to June 10,- 1970. SECTION II. That this ordinance shall- be. in full force and ef- fect from.and after its passage. Councilman Bange explained that this -ordinance has been before the Council heretofore and was defeated because - therewas not •a ,majority vote under the emergency clause rules . Council discussed this ordi- nance at„length, with the vote defeating the• ordinance •4 fo 3, as shown: ' Aye: Councilmen Bange, Orr and Mayor Hill . Nay: Councilmen Chamblin, Newman, Rock and -Titus. 76-49 - Resolution - Granting Waiver of Sec. 17-63 of Town Code for Kiwanis :Club' of Leesburg for Purpose of Holding a Circus and a Rodeo. On motion of Councilman Rock, seconded by Councilman Orr, the following resolution was unanimously adopted, as. shown: BE IT RESOLVED by the Council• of the Town of Leesburg, Virginia, as follows : SECTION I . That Sec. '17-63 of the Town Code pertaining to Itinerant Vendors is hereby waived for the Kiwanis Club of Leesburg for the purpose of holding a Circus in Virginia Village Shopping Center on April 27, 1976 and for the pur- pose of holding a Rodeo at the old Izaak Walton League Grounds on May 15 and 16, 1976; 9 MINUTES OF MARCH 24, 1976 MEETING. ' SECTION II . That thelKiwanis Club make . traffic control ar- _ rangements satisfactory to the Town Police for the Rodeo. Aye: Councilmen Bange, Chamblin, Newman, Orr, 'Rock, Titus and Mayor Hill . Nay: None. 76-50 - Resolution - Granting Waiver of. Sec. 17=63 of Town Code for VFW Post #1177 for purpose of holding a Carnival . On motion of Councilman Rock, ' seconded by .Councilman Orr, the U following resolution was proposed and unanimously adopted, as shown: BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : That Sec. 17-63 of the Town Code pertaining ' totItinerant Vendors is hereby waived for the VFW Post #1177_ for the purpose of holding a Carnival in Virginia Village Shopping . Center from May 31 , 1976 to June 5, 1976'. Aye: Councilmen Bange, Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . -. M Nay: None. . .-mt - CD 76-51 - Resolution - Authorizingan. Agreement for Architectural ' Services fr Proposed Municipal Office Re Smodeling.and' Addition. . ' On motion of 'Councilman Newman, seconded by Councilman Orr, the following resolution was proposed : BE IT RESOLVED by the Town Council for the Town _of Leesburg, Virginia, as follows : SECTION I . That the Town Manager is' hereby. authorized and ' I directed to enter into an agreement in .a form approved. by the Town Attorney with Peter Lueders, Architect", P. 0. Box 1143, 157 .South Catoctin Circle, Leesburg, Virginia - 22075 for architectural services described below at a cost not to exceed $20: 00 per hour or $4500. 00. SECTION II. The agreement authorized herein shall be for architectural services necessary for the remodeling, of exist • - ing municipal offices . The architect shall provide schematic design phase services for both the existing building and the proposed addition to the existing building toward Market Street. The architect shall provide complete'architectural services necessary for remodeling the existing building inside and out along with site planning .services required. There was lengthy discussion concerning the remodeling of the existing building, with Councilman Bange feelingdit would be more feasible to build an entirely new building to the fronto ' this- lot. The resolution was then adopted by a vote of 6 to 1, as shown: Aye: Councilmen Chamblin, Newman, Orr, Rock, Titus and Mayor Hill . Nay: None. Pass : Councilman Bange. ' I76-52 - Resolution - Extending Performance Bond for Loudoun Hills, Sec. 2. • On motion of Councilman Newman, seconded by Councilman Orr, the fol- • lowing resolution was proposed: BE IT RESOLVED by the Council" of the Town of Leesburg, Virginia, as follows: . That the Performance Bond #910519 for physical improvements ' in Loudoun Hills, Section 2, in the amount of $165, 000 be ex- tended to March 24, 1977 , in accordance with letter received from Fredric L. Spain, dated March 18, 1976. 20 MINUTES OF MARCH 24, 1976 MEETING. There was some discussion, with Mr. Spain explaining the reason for this request. The resolution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman,. Orr, Rotk, Titus and Mayor Hill . Nay: None. 76-53 - Resolution - Supporting Highway Improvement Projects on Routes ./ and 15:v On motion of Councilman Newman, seconded by Councilman Rock, the following resolution was proposed: WHEREAS, The Virginia Department of Highways Transporta- tion has invited comments on tentative allocations of - inter- state, arterial , primary and urban funds for the fiscal year beginning July 1 , 1976; and WHEREAS, two highway - improvements projects have been proposed within the Town of Leesburg: - NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg; Virginia, •as follows : • • That this Council supports Virginia Department of 'Highways Projects Nos . 0015-253-101, RW 201 (the improvement of Route 15 south of Catoctin Circle) and 0007-253-103, PE 101 (the improvement- of intersection .of Market and Loudoun Streets with Morven Park Road) "and authorizes the Mayor or Manager to relate this Council ' s support for these projects at a public hearing to be held by the Department of Highways and Transportation on March 29, 1976. There was discussion on these two projects , with Councilman Titus stat- ing that he was not supporting the abandonment of Evergreen Mill Road, however, he was in favor of the Route 15 Urban Project. It was felt that Town Attorney Martin might look into the, agreement on this proj- ect insofar as Evergreen Mill Road is concerned. Also, Mr. Niccolls stated that 'there is a third alternative to be 'discussed by' Council at a workshop session on the Loudoun-Market Street project. The reso- lution was then unanimously adopted, as shown: - • Aye: Councilmen Bange, Chambl-in, Newman, Qrr, . Rock, ,Titus and Mayor Hill . Nay: None. - • Councilman Orr left the meeting at this time. - 76-54 - Resolution - Making Appropriations for 1975-76: • On motion of Councilman Rock, seconded by Councilman Newman, the following resolution was proposed:. BE IT RESOLVED by the Town .Council of the Town -of Leesburg, Virginia, as follows : • That the following appropriations are made for the 'fiscal year ending June' 30, '1976: $ 5, 145. 28 Acct. No. 2010. 103 Town Manager-Salary 500. 00 Acct. No. 10110. 207 Streets-Uniforms 15, 000. 00 Acct. No. 10110. 810 Streets-Storm Drainage 1 , 500. 00 Acct. Noi 10200.252 Shop-Tires/Maintenance 1, 500. 00 Acct. No. 10200. 253 .Shop-Parts/Miscellaneous 800. 00 Acct. No. 10210. 212 Buildings-Fuel, Oil, Gas 4, 500. 00 Acct. No. 10210. 801 Town Office Remodeling MINUTES OF MARCH 24, 1976 MEETING. $ 600. 00 Acct. No. 14020. 201 Unallocated - Postage 500.00 Acct. • No; 10120. 207 Water Lines '—Uniforms 15, 000.00 Acct. No. 10120. 818B Pumping Equipment and • . Automation 212, 210. 73 Acct. -No. 50000. 801 Transmission Line 256, 676. 00 Acct. No. 50000. 802 Water Storage Tank 1;000. 00 Acct: No. 50000. 803 •Engineering I 4, 702.96 Acct. No. 50000. 804 Miscellaneous After explanation by Mr. Niccolls and some little discussion, the reso- lution was unanimously adopted, as shown: Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. 76-55-- Resolution - Regarding the- Town of Leesburg ,v. Transamerican Airports, Inc. On motion of Councilman Rock, seconded by Councilman Chamblin, the following- resolution was proposed: - S BE IT RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows: WHEREAS; TransAmerican Airports , Inc. has requested the' Town of Leesburg for a delay in the legal action now pending against said corporation. by the Town in the Circuit Court for• Loudoun County; Virginia, so that a sale of- said corporation may be ef- fected; and - - - • WHEREAS,. the Town desires - to continue to accept the rent- for the demised premises which are the ' subjectrof. the above-men- tioned action without prejudice to the rights of the Town against..•said corporation as a result' of the default• by said corporation under the lease agreement- with- the Town: • - NOW, THEREFORE, BE IT RESOLVED that the 'Town Attorney. is" hereby instructed not to set the aforementioned case for trial until after the expiration of 60 days from the date of adop- tion of this resolution on the- condition that TransAmerican . Airports , Inc. agrees to a stipulation in writing which may • be filed in this suit that (1) the acceptance of said rent for the subject demised premises -and (2) this action in agree- ing to the delay requested shall not in any way whatsoever prejudice or- compromise the rights 'of-the Town in said case nor shall- this - action be used by said corporation as a de- fense to, or as a bar to, the prosecution of the suit after L the lapse of said sixty days, or in mitigation of damages in said - case, and 'provided•'further that the aforesaid shall not prohibit the •Town from going forward• with other matters in said case, such as argument on- pleadings; motions, dis- covery and the like, preliminary to setting? said case for ' trial:- - - - IThere was some little discussion, with the resolution being adopted by a vote of 5 to 1, as shown: Aye: ' Councilmen Bange, Chamblin, -Newman, Rock and Mayor •Hill . Nay: . None.' Abstention: • Councilman C.• TerryyTi'tus . Town Manager Niccolls stated that his report on Comprehensive Plan Elements will be presented at a later date. The draft of the proposed contract for refuse collection and disposal will be available for the next workshop- session -on April 7th. The report on Country Club Subdi- vision was attached to the Agenda. r 4 al MINUTES OF MARCH 24, 1976 MEETING. . Mayor 'Hill called attention to a letter received from Group 44, Inc. , notifying the Town that this corporation will be applying for rezoning of land adjacent to the Town 'of' Leesburg' Airport. Mayor Hill also called attention to a request from NVPDC for ap- pointment of a representative on the Northern Virginia Criminal Jus- tice Advisory Council . On motion of Councilman Titus , seconded by . Councilman Rock, the following' motion was unanimously adopted, as shown: • That Sgt. George W. Hunt be and he is hereby appointed as representative to the Northern Virginia Criminal Justice Advisory Council . ' Aye: Councilmen Bange, Chamblin, Newman, Rock, Titus and Mayor Hill . Nay: None. Mayor Hill commented on the Town' s request to- the General Assembly for a change in the State Code concerning Old and Historic Districts. It was pointed out by Delegate Bell that this should have been a Char- ter change and the request was received too late for any, action this year. The Council should consider this as a change for next year. Town Attorney Martin stated that an ordinance should be drafted making the Board of Architectural Review valid. Mayor Hill asked that Council members give to him by April 2nd any recommendations they may have for appointments to Virginia Muni- cipal League committees:nm Councilman Titus asked the status of the Feasibility Report being done by Johnson and Williams. Mr. Niccolls said the report is 'due three weeks from March 3rd - the day he ordered them to proceed: He also .elaborated on a- draft of their report and felt that this study is going tobe very informative and helpful . He will review the final draft and will then issue a Memo to Council . He said that the report thus far indicates that a well supply is cheaper than buying water from Fairfax- and- buying water from Fairfax is cheaper than the Town -building its own plant. He is very much pleased with the -John- son and Williams staff to date. Councilman Rock commented on. the population projection study done in connection with 'this project. Mayor Hill also commentedon the performance of Phillips-Nickels Well since its rehabilitation. Councilman Titus suggested that per- haps the pumping station' in the 'Fairview section should be reconsidered. Town Attorney Martin said he has contacted Mr. Burt concerning the status of the Water Control Board suit and- he will look into this and make a report. He- did recommend that . the•.Town not dismiss the suit. Mr. Martin also said he is trying to revive the Potter' s Field suit. He noted a pile of trash on the Town' s' property and felt that perhaps Jewell Trucking is parking on a portion of the Town' s property. He suggested that perhaps a fence should be erected between Jewell and the Town, wi"th'notice being given to Jewell before this is done. It was also suggested that perhaps, the Garden Club might 'like` to under- take the Potter s Field property as a beautification •puuroje}ct.e - esIt was lit 01: naluAc $taw°If[YuSr� lE hgig r it;8laaESlelt that Mx Martin should talk with Mr RuFBiYcgaSt4Bei��nabtfiffay intersection of Route 15 and Catoctfn -Circle in the-afternoons - he felt that none is needed at Routes 17 and 15 since the By-Pass has been opened. Councilman Bange agreed, but he felt that there should be another officer on top of ' the hill on Rt. 15. Councilman Titus was also concerned about inspection on the streets in Country Club Subdivision. ' He •was particularly- concerned in that there isaa catch basin that is sagging in Country Club Sec. 2. Mr. Niccolls advised that the Town' s inspectors are on the- scene as -work is per- formed. - Mr. Titus also felt that the Town should consider fluoridating the water supply<nand the cost thereof. ' ' - On motion of Councilman Rock, seconded' by Councilman Newman, the meeting was adjourned at 9 : 50 P.M. 1 Clerk of e Council