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HomeMy Public PortalAbout1976_12_08 MINUTES OF REGULAR MEETING OE LEESBURG TOWN COUNCIL AND PUBLIC HEARING 137 ON COMMUNITY DEVELOPMENT FUNDING PRE-APPLICATION, DECEMBER 8, 1976. A- regular meeting of the Leesburg Town Council was *held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on De- cember 8, 1976. The meeting was called to order by the Mayor at 7 : 37 P.M. , with the invocation being offered by Mr. Cole, and followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell, Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor and Town Attorney George M. Martin. • The minutes of regular meeting of November 24, 1976 were approved as written. 76-178 - Resolution - Granting waiver of Chapter 9A of the Zoning Ordinance for use of 43 West Loudoun Street by Desert Design, a retail store. Mr. William Chamberlin of DeLashmutt Associates addressed Council requesting waiver of the site plan requirements for an existing dwell- ing located at 43 West Loudoun Street and owned by Dr. James T. Gable, et al. He explained that the only waiver being sought at this time is for the existing house and the parking behind it. Dr. Gable said he p has leased approximately one-half of the property to Desert Design, a retail business dealing in southwest furniture and jewelry. Thein- terior of the building has been altered, but he has made no changes to the outside structure. It is his intent, at a later date, to sub- mit a site plan that will encompass anything they need. Parking will be a part of this. Specifically, he is asking for waiver of the site plan requirements for the existing structure and parking behind - it in order that Desert Design might move in. There followed lengthy discussion concerning other uses to be made of the building in the fu- ture, with particular attention to off-street_ parking facilities. On motion of Mr. Herrell , seconded by Mr. Bange, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Requirements of Chapter 9A of the Zoning Ordinance are hereby waived to permit the use of 43 West Loudoun Street by Desert Design, a retail store, within the main structure only. _ SECTION II. Requirements of Chapter 9A of the Zoning Ordi- nance are waived on the condition that no off-loading of re- tail goods shall occur from the public right-of-way on West Loudoun Street. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus , Tolbert and Mayor -Newman. Nay: None. Mr. Michael Curry asked if any action has been taken by Council to grant him a variance in order that he might give flight instruction at the Airport. Mayor Newman advised that there has been no formal action by Council , however, she has done some investigating and finds there are a dozen or more others giving flight instruction, as well as other unauthorized activities at the Airport. Mr. Niccolls said he has talked with Mr. Curry and advised him where his application stands. This, however, raises a number of issues at the Airport which will be resolved in the next six to twelve months when a new operator takes over. Negotiations concerning a proposed assignment of the lease are nearing completion. He also said that, under the Rules and Regulations, there is no way that Council can legally or properly give Mr. Curry a license, an agreement, an authorization or approval to operate a part-time flight instruction service. To do so would require the Council to give all otherpersonswho make a similar request the right to operate at the Airport. CouBcilmam- bers were-in=agreement that - r. Curry' srequest could not be granted under the rules and regulations. He was advised that Council will take proper action to answer his request. , a;i ; . 11J4• . 138 MINUTES OF DECEMBER 8, 1976 MEETING. A Public Hearing concerning Community Development Funding Pre- Application was opened by Mayor Newman, this hearing being held for the purpose of receiving suggestions from citizens of the Town for community development projects. The Notice of Public Hearing was read by the Clerk. • There being no citizens present to speak,• the public hearing was closed by Mayor Newman. Donation of land by Mr. •Chester. Williams. • • On motion of Mr. Cole, seconded by Mr. Tolbert, a resolution ac- cepting the donation of land by Mr. Chester Williams was proposed. After discussion concerning any taxes owed on this property, on motion of Mr. Bange, seconded by Mr. Rock, Council voted unanimously that this resolution be tabled until such time as title is cleared and the Town Manager is directed to send a letter to Mr. Williams to this effect : Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus , Tolbert and Mayor Newman. - Nay: None. • 76-179 - Resolution - Extending the time for completion of public improvements, Heritage Square. On motion of Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • The time for completion of public improvements required by the Heritage Square site plan approval is extended six months • to May 7 , 1977. . Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 76-180 - Resolution - Denying a request for extension of time for completion of public improvements. B. P. Oil , !nc, On motion of Mr. Rock, seconded by Mr. Bange, the 'following reso- lution was proposed and adopted by a vote of 6 to 1 : • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : • That the request for extension of the time allowed for com- pletion of public improvements for the B. P. Oil, Inc. site plan is denied. • Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. - Nay: Councilmember Titus. 76-181 - Resolution - Making appropriations for the fiscal year ending June 30L_ 1977. On motion of Mr. Cole, seconded by Mr.- Herrell, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following additional appropriations are. hereby made for the fiscal year ending June 30, 1977 : Account No. and Name Appropriations 14020. 244 Christmas Bonus - $ 100.00 30000. 265 Expert Services 39, 500.00 e= 4,0 =��o C >AA 139 MINUTES OF DECEMBER 8, 1976 MEETING. Mr. Niccolls explained that the $39, 500 is for design of improvements at the Airport by Airways Engineering Corporation - this having been authorized by Council - it is 95 percent reimbursable from State and Federal sources. . The' resolution was adopted by a vote of 6 to 1 abstention: • Aye: Councilmembers Bange, Cole, Herrell ,,, Titus, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmember Rock. Mr. Titus commented on the 'condition of Edwards Ferry Road, West Loudoun Street and Dry Mill Road. He felt it essentialto stop cut- ting pavement in this cold weather unless it is under emergency con- ditions. Mr. Titus inquired as to the status of comments from the Health Department concerning the town' s 'wells? He was particularly inter- ested as to what will be done concerning fluoride in these wells. Mr. Niccolls said he would have a report for next workshop as to some additional waterworks projects. The consultants will be making CD some concrete recommendations concerning this shortly. His inclin- CD ation is to accelerate and move directly into an 'alternate water .ni supply. There has been no reply from the Health Department to his comments. Ca Mt. Titus commented that Sec. 2-27 of. the Town Code requires that this body meet on the first and 'third Wednesdays as a regular meeting in workshop-sessidn. He construes this to mean that Council is in session at such a meeting and can take action as is necessary regarding executive sessions. Mr. Titus also asked the status of the Belmont Subdivision drainage problem. Mr. Niccolls advised that these problems have been resolved - the developer has submitted a satisfactory drainage plan. However, there will still be some work to be done as it crosses VEPCO. Mr. Titus said there is another problem to be solved at the other end. Mr. Tolbert echoed the comments on the condition of Edwards Ferry Road, Dry Mill Road, etc. Mr. Niccolls said the contractor has begun putting in base asphalt repair when the weather is appro- priate. There followed discussion on street cuts that have been made recently for sewer and water line repairs. Mr. Bange inquired if the contractor, Spratt, is to clean out and fill ditches on the sidelines. Mr. Niccolls said he is to restore anything he disturbs. Mr. Cole commented that he is glad to see the old brick wall has been taken down on King Street - it was a safety hazard. 76-182 - Resolution - Granting waiver of Sec. 17-63 of the Town Code for Loudoun County Rescue Squad for purpose of selling Christmas trees. On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia as follows : Sec. 17-63 of the Town Code pertaining to Itinerant Vendors is waived for the Loudoun County Rescue Squad for the purpose of selling Christmas trees from December 9, 1976 through De- cember 24, 1976. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 140,0. l'4.1 140 MINUTES OF DECEMBER 8, 1976 ' MEETING. • 76-183 - Resolution - Authorizing a contract for storm drainage im- provements and making an appropriation therefor. On motion of Mr. Bange, seconded by Mr. Herrell, the following resolution was proposed and unanimously adopted: • BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows: SECTION I. The manager is authorized and directed to execute a unit price contract on behalf of the town with Hercules Construction Corporation, P. 0. Box 68, Chantilly, Virginia 22021 for storm drainage improvement Phase III in accord with the invitation to bid, information to bidders, general speci- fications and the plans for said work issued by the manager October 1, 1976 and the proposal received December 6, 1976 from Hercules Construction Corporation for such work for the contract price of $158, 805. 00. • SECTION II. An appropriation is- hereby made for the fiscal year ending June 30, 1977 as follows: • Account No. and Name: Appropriation 10110.810 Storm Drainage $158, 800. 00 • Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert • and Mayor Newman. ' Nay: None. • On motion of Mr. Rock, seconded by Mr. Tolbert, the meeting was adjourned at 9 : 15 P.M. • • • i Mayor / • C erk of • e Council