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HomeMy Public PortalAbout1977_08_10 270 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 10, 1977. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on August 10, 1977. •The meeting was called to order by Mayor Newman at 7 : 30 P.M. , with the invocation being given by Mr. Bange, and fol- lowed by the Salute to the Flag. Present were: Mayor Mary Anne New- man, Councilmembers Charles E. Bange, 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 Zoning Administrator Robert C. Forbes. Absent from the meeting was Council- member Glen P. Cole. Mary Mack acted as Clerk of the Council Pro-Tem. The minutes of the regular meeting of July 27, 1977 were ap- proved as written. • Mayor Newman announced that the applicants for Rezoning Appli- cation JJZM-17 have asked to withdraw their application without preju- dice. 77-137 - Resolution - Withdrawing Rezoning Application No. ZM-17 by Tavern Square Associates On motion of Mayor Newman, seconded by Mr. Bange, the following resolution was proposed: WHEREAS , Tavern Square Associates has requested that the Rezoning Application #ZM-17 be withdrawn without prejudice: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Withdrawal of Rezoning Application #ZM-17 by Tavern Square Associates, without prejudice, under provisions of Section 11-7 of the Leesburg Zoning Ordinance is granted. Mr.$ChAmbl}nl1,attorney representing Tavern Square Associates, was asked?foP' ttt112 fgEson for the withdrawal . He stated that the reasons were the comments at the Planning, Commission public hear- ing, things that have transpired withregardto the restrictive covenants and the past history of the application. They felt it would be wise to withdraw and review their options. Mr. Donald W. Devine asked the Council to give consideration to9adopting the resolution as proposed. It was his understanding that allowing the applicant to withdraw without prejudice would waive the 12-month time period for a resubmission of the same ap- plication. The applicant could then re-apply and the Town' s staff, Planning Commission and the Council would have to repeat the whole procedure all over again. • There being no further discussion, Mayor. Newman called for the vote, which was as follows : Aye: Councilmembers Bange, Herrell, Rock, Titus and Mayor Newman.- - Nay: Councilmember Tolbert. Proposed Ordinance to amend Town Code - Block Parties. On motion of Mr. Bange, seconded by Mr. Herrell , an amendment to the Town Code to add Sec. 10-13. 1 - Block Parties was proposed.' On motion of Mr. Titus , seconded by Mr. Rock, Council voted unani- mously to add the word "non-primary" on the third line of Section (a) , thus reading as follows : " public non-primary street Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. On motion of Mr. Titus , seconded by Mr. Rock, Council voted to fur- ther amend the proposed ordinance by deleting Section II - the emer- gency clause, and that the proposed amended Sec. 10-13. 1 be adver- tised in its entirety for public hearing on September 14, 1977 : Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 271 MINUTES OF AUGUST 10, 1977 MEETING. Proposed ordinance and resolution re amendments to Town Code Sec- tions 15-14 and 19-23 and proposed resolution commenting on a proposed housing project for the elderly and handicapped. Mayor Newman referred the above-mentioned ordinance and reso- lutions to Workshop for further discussion. There followed discus- sion concerning the proposed housing for the elderly and handicapped, with all agreeing that such a facility would be welcomed in Leesburg. However, it was felt that careful thought should be given to amend- ing these ordinances and to the water supply, etc. Mr. Costa, representing Madison House, reiterated to Council the time constraints to be met by September 30, 1977 . Mayor Newman said the Council is aware of this problem, however, they could not act in haste. Mr. Costa further advised that the variances they are requesting through the Board of Zoning Appeals with regard to parking could be proven statistically. Also, the remainder of the property in the flood plan could be donated to the Town for its use. These items will be discussed at the August 17, 1977 workshop. 77-138 - Resolution - Disapproving the filling and enclosure of a flood plain area. On motion of Mr. Herrell , seconded by Mr. Tolbert, the follow- ing resolution was proposed: WHEREAS, the application of John W. Gibson, Trustee, for approval of a site plan for improvement of part of Parcel M, Section 1, of Virginia Village has been received, re- viewed by the Planning Commission and found to be in com- pliance with Chapter 9A of the Zoning Ordinance except that the plan proposes filling within the 100 year flood plain, bringing the application under the provisions of Section 9A-5-3. 12 of the Zoning Ordinance; and WHEREAS , the Director of Engineering, after receipt of a report of investigations conducted by Toups and Loiderman, professional engineers, concluding that the plan as pro- _ posed increases the flood hazard of lands adjacent to Tus- carora Creek contrary to town policy, has found the terms of Sec. 9A-5-3-12 of the Zoning Ordinance have not been met by the application: NOW, RESOLVED• by the Council of the Town of Leesburg, Vir- ginia, as follows : The filling and enclosure of the flood plain area as pro- posed on the site plan for improvement of part of Lot M, Section 1, Virginia village is disapproved. • Mayor Newman said a request has been received from Mr. Grayson Hanes for a continuance of Council consideration of this matter. Mr. Niccolls said a meeting is scheduled for next Thursday inthe ,town offices with Mr. Shope and the two engineers involved. After that meeting, the scope of the conflict will be better known and will determine whether or not further engineering analysis will be necessary. On motion of Mr. Titus, seconded by Mr. Rock, a substitute' . motion was offered that final action on this site plan will be taken at the September 14 Council meeting. This motion was defeated by a. tie vote: Aye: Councilmembers Rock and Titus and Mayor Newman. Nay: Councilmembers Bange, Herrell , Tolbert. Mayor Newman then called for the vote on the original resolution: Aye: Councilmembers Bange, Herrell , Rock and Tolbert. Nay: Councilmember Titus and Mayor Newman. 77-139 - Resolution - Authorizing an agreement, approving a Perform- ance Bond to guarantee installation of public improvements and approving water and sewer ex- tensions for Carrvale Subdivision, Section Two. On motion of Mr. Bange, seconded'by Mr. Tolbert, the following resolution was proposed: V7LI $ EJ . MINUTES OF AUGUST 10, 1977 MEETING. RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Manager is authorized and directed to exe- cute the standard agreement for public improvements for Carr- vale Subdivision,- Section Two. Two Performance Bonds of Re- public Insurance Company, Bond #920134 in the amount of $205, 361 . 00 and Bond #920135 in the amount of $125, 648. 00, are approved. Both the agreement and the performance bonds guarantee installation of public improvements in Carrvale Subdivision, Section Two, in accordance with plans approved by the Director of Engineering. SECTION II. Extension of the municipal water and sewer works for Carrvale Subdivision, Section Two, is approved. Mr. William Hanes, attorney for the owner and. developer of Carrvale, informed Council that this would be for 26 lots. There followed dis- cussion with regard to the grading on this site. Mr. Niccolls ad- vised Council that the Town s inspectors have been to the site and Mr. Shope met with the County Engineer on this problem. The County has failed to aggressively enforce the erosion and siltation control ordinance on behalf of the Town. The resolution was adopted by a vote of 4 to 2 : • Aye: Councilmembers Bange, Rock, Tolbert and Mayor Newman. Nay: Councilmembers Herrell and Titus. 77-140 - Resolution - Authorizing an agreement with the International Pavilion Company. On motion of Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed and adopted by a vote of 5 to 1 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Manager is authorized and directed to execute the at- tached undated agreement with the International Pavilion Com- pany for the option purchase of land within Carrvale Subdivi- sion. Mr. Niccolls advised that he has the executed agreement with a change on the fourth line of Page 3, deleting the word "primarily. " The resolution was adopted by a vote of 5 to 1. Aye: Councilmembers Bange, Herrell, Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. 77-141 - Resolution - Authorizing revision of a contract with Leazer Pump and Well Company. On motion of Mr. Bange, seconded by Mayor Newman, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The manager is authorized to revise the contract with Leaser Pump and Well Company provided for in Resolution No. 77-57 to provide for up to five test wells at a cost not to exceed $18,000. 00 and one cased and grouted well at a cost not to exceed $7, 000. 00. There was discussion concerning the cost, however, after explanation the resolution was adopted: Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. rf MINUTES OF AUGUST 10, 1977 MEETING. Resolution denying a request to Mother Goose, Inc. for a connection to the Town s sanitary sewer system. On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, Mother Goose, Inc. has requested a connection to the town' s sanitary sewer system for property located out- side the town' s corporate limits, and WHEREAS, Council resolution dated February 12, 1975 provides that no such requests for sanitary sewer connections outside the town be entertained: NOW, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The request of Mother Goose, Inc. for a connection to the town' s sanitary sewer system is denied. Mr. Thomas Maggoflin addressed Council on behalf of Mr. Wilbourn with regard to this matter. He stated that they were asking for a variance to the town' s policy and were requesting only the amount equal to a single family dwelling. A letter to Council outlining the .7) reasons for this request has been submitted. Mr. Wilbourn was asked why he did not install a sand filter. He said this would not support the average daily usage; also, they are waiting to hear from the State Water Control Board. The resolution was adopted by the follow- ing vote: Aye: Councilmember Rock and Mayor Newman. Nay: Councilmember Herrell. Abstention: Councilmembers Bange, Titus and Tolbert. Please note a resolution adopted later in this meeting which tabled the request of Mother Goose, Inc. 77-142 - Resolution - Accepting a 1977 street repaving program. On motion of Mr. Bange, seconded by .Mr. .Herrell , the following resolution was proposed ,and ..adopted by a vote of 5 to 1 : - BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows: The manager is authorized and directed to solicit bids for the resurfacing of streets identified in the memorandum to the Mayor and Council dated July 29 , 1977 . Mr. Titus did not feel that the schedule is for as much as it should be. Aye: Councilmembers Bange, Herrell , Rock, Tolbert and Mayor Newman. Nay: Councilmember Titus. - 77-143 - Resolution - Requesting the Governor -to declare a local emergency arising out of potential water shortages and .appointing a local coordinator of disaster services. - . - On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, water supplies of the Town of Leesburg have been severely affected by extensive drought conditions, and WHEREAS, 'the Virginia Department .of .Health has .requested the Town discontinue the use of water supply sources previously providing 25% of water to the Town' s system, and 274 MINUTES OF AUGUST 10, 1977 MEETING. WHEREAS, a period of several months will be required before the Town can locate and develop additional water supplies dur- ing which there is a serious threat of water shortage, par- ticularly in the event of mechanical failures at remaining supply facilities, and WHEREAS, the Governor of Virginia is authorized, upon petition of a local governing body, to designate a condition of local emergency under the Virginia Emergency Services and Disaster Law of 1973 in the event of threatened or actual resource shortage, and WHEREAS, the Virginia Emergency Services and Disaster Law of 1973 authorizes appointment of a local coordinator of emer- gency services : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : ' SECTION I. The Governor of the Commonwealth of Virginia is hereby requested to designate a condition of local emergency within the Town of Leesburg under the Virginia Emergency Ser- vices and Disaster Law of 1973 arising out of the threat of water shortages. SECTION II. The Manager is authorized and directed to trans- mit this resolution to the Governor and to advise the Council of the Governor' s action thereon. • SECTION III. The Manager is appointed coordinator of emergency services for the Town of Leesburg. Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-144 - Resolution - Making an appropriation for the fiscal year ending June 30,_1978. On motion of Mr. Bange, seconded by Mr. Titus, the following resolution was proposed and unanimously adopted: WHEREAS, the 1978 Budget includes $75, 000 to pay the Town' s share of costs for Route 15 improvements, and WHEREAS, the Virginia Department of Highways and Transporta- tion has submitted its invoice for $47 , 792. 86, THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following appropriation is made for the fiscal year end- ing June 30, 1978 : Account No. & Name Appropriation 10110. 815 - Route 15 Improvements $47 , 800.00 Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Town Manager Niccolls reported that paving operations are scheduled to begin at the airport on August 11 , 1977 at 8 : 00 A.M. The work should be performed within the 10-day time period. The water table at Phillips-Nickels well has fallen significantly. Repairs to Paxton Well should be made next week. This well will then be back in service. ` Mr. Bange expressed concern with regard to the letters sent by the County Treasurer' s Office re town tags. 275 MINUTES OF AUGUST 10, 1977 MEETING. Mr. Titus called attention to soil erosion problems at the end of Mosby Drive and on Loudoun Street at Wirt. Mr. Niccolls said the problem on Mosby Drive has been referred to the County soil erosion control office. On motion of Mr. Rock, seconded by Mr. Titus, Council voted, by a vote of 4 to 2 abstentions, to reconsider the previous resolu- tion denying the request of Mother Goose, Inc. for a connection to the Town' s sanitary sewer system: Aye: Councilmembers Herrell , Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmembers Bange and Titus. 77-145 - Resolution - Tabling a request of Mother Goose, Inc. for a connection to the Town' s sanitary sewer system. On motion of Mr. Rock, seconded by Mr. Herrell , the ,following resolution was proposed and adopted by a vote of 4 to 2 abstentions : RESOLVED by the Council of the Town of Leesburg, Virginia, -as follows : That the request by Mother Goose, Inc. for a connection to the Town' s sanitary sewer system be tabled until such time as the Town receives information with regard to the State Water Control Board action on the Goose Creek property, and until the Council has consulted with their attorney regard- ing the August 10 letter of Mr. Wilbourn. Aye: Councilmembers Herrell, Rock, Tolbert and Mayor Newman. Nay: None. Abstention: Councilmembers Bange and Titus. There being no further business, on motion duly made and seconded, the meeting was adjourned at 9 : 55 P.M. - Mayor .727a C er of/ouncil Pro-Tem