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HomeMy Public PortalAbout1978_01_25 18 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 25, 1978. A regular, meeting .of the_ Leesburg Town Council was held in the Council. Chambers, .10- West Loudoun' Street," Leesburg, Virginia, on January 25', : 1978'. The, meeting ,was called' to'-order by the Mayor at 7 : 37 P.M. , with the invocation being given by Mr. Herrell;. and fol- lowed 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 and John W. Tolbert, .Jr. ; also Town Ni Manager John ccolls, . Assistant to. J the Manager effrey. H. Minor and Town Attorney. George M; Martin. ' 'Absent from. the meeting was Councilmember, C. Terry Titus. . . • The minutes of- the- regular meeting of January 11, 1978 were approved as written. • Report on 197.7 . Old and Historic 'District Study. " • Mr. Tom- Kamstra of Kamstra; Dickerson & As'socii'tes;. gave a resume of the 1977 Old and Historic District Study and said it is hoped that this- wi'll. be a tool for subdividers, developers and others' making improvements in Leesburg. It is also hoped that this might serve as a Code to be followed by these people. The study is divided into four major sections,: (1) the Design Manual ; (2) Streetsdape; Iinprovements; (3)' Review of Pedestrian and Ve- hicular Circulation- and (4)- Review of the Parking Situation. Mr. Kamstra elaborated on the contents of these four sections. Also included in .the report are some 20 graphic drawings on ,(1) the reference and history of Leeburg'; ' (2) the planning and traffic in the core area itself and (3) recommendations for-the Old and Historic District improvements. It is hoped that, ' after' review of this study, Council will consider setting a .budget for some of these improvements. Mr. Kamstra said he and other members of his firm will be happy to work- With the Council- and the' staff on this project atthat time. There was some further explanation by Mr. Kamstra concerning thei.r 'recommendations on parking, with par ticular attention to the possibilities for two or three tier park- ing in the future, and the need at present for 150 to 200 spaces. • 78-0-3 - Ordinance - Amending Sections 15-9 and 19.-18 of the Town Code. . . • On motion of Mr. Tolbert, seconded by Mr. Herrell , the following ordinance was proposed and unanimously adopted: •: ORDAINED by theCouncil of the Town of Leesburg, Virginia, as follows : SECTION I. Sections 15-9 and 19-18 of the Town Code are amended to read as follows : Sec. 15-9.. Council approval for extension of sewage works. • (a) No' extension of the town sewage works shall be made for the purpose of serving users located within or without the town, except upon the approval of such exten- sion by the Council. Application for such approval shall • be made-t' the Council and filed with the town manager. Such application shall• be accompanied by plans and speci- fications which meet the standards of the .municipality. (b) The approval of an extension 'of the town sewage works shall be conditioned as follows : (1) The sewage works shall be extended in ac- cordance with plans and specifications ap- 'proved by the Council, and in accordance with the officially adopted sewer and water extension and connection charge policy. (2) The applicant shall secure such easements or fee simple title, free of defects, as are necessary, prior to construction and, upon completion, will convey, by appro- priate instrument, the completed system, easements and fee simple title to the town, free of costs. J9 MINUTES OF JANUARY 25, 1978 MEETING. (3) Sewer service connections to lots served by the extension shall be available only when not restricted by the State Water Control Board. - (4) The extension shall be completed within two years from the date of approval unless such period is extended by Council. Sec. 19-18. Approval of extensions. (a) No extension of the town waterworks shall be 11 made for the purpose of serving users located within or without the town, except upon the approval of such ex- tension by the Council. Any person desiring such an extension shall make application to the Council for the . approval thereof. Such application for approval shall be filed with the town manager and shall be accompanied by plans and specifications which meet the standards of . the municipality.- . • • (b) The approval of an extension of the town water- works shall be conditioned as follows : • (1) The waterworks shall be installed in ac- cordance with ,plans and specifications ap- proved by the Council , and in accordance with the officially adopted sewer and water extension and connection charge policy. (2), The applicant has secured such easements or fee simple title, free of defects, as are necessary, prior to construction, and upon completion, will convey, by appropriate in- strument, the completed system, easements and fee simple title to the town free of costs. (3) Water service connections 'to lots served by the extension shall be available only when not restricted by the State Health Depart- ment. • (4) The extension shall be completed within two years from the date of approval unless such period is extended by Council. SECTION II. This ordinance shall be effective upon its passage. Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. • Nay: None. 78-12 - Resolution .- Concerning .the proposed- Carrvale Well. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed: . WHEREAS, International Pavilion Company proposes to develop a well within the Carrvale Subdivision and connect the well to the town' s water system as additional public water supply: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : . The town will accept the dedication -of a water ' supply facility within the Carrvale Subdivision under the following terms and conditions : • (1) The facility shall have a minimum average capacity of 64, 800 gallons per day. (2) The facility shall :meet all requirements of the Virginia Waterworks Regulations and be fully• equipped with fluori- dation,-turbidity, telemetry and other equipment for proper integration with the town water system and meet- ing town specifications. 20 MINUTES OF JANUARY 25, 1978 MEETING. (3) Any additional water connections authorized under state waterworks regulations as a result of the water supply facility developed by International Pavilion Company will be reserved for connections within Carrvale Sub- division. (4) All---fees and charges required by Chapters 15 and 19 of the Town Code shall be paid for connections author- ized as a resultof the additional supplies, except that a credit of $390.00 shall be allowed against each water availability charge for each additional water connection authorized as a result of the addi- tional supplies. Mr. Rock said he will vote against this because he is opposed to taking low yield wells into the town system the basic maintenance is about the same on a low yield well- as one with a higher volume. Mr. Niccolls explained that the Health Department would rate this well as capable of supplying 90 homes. He agreed with Mr. Rock as to maintenance costs. A roll call vote of 5 to 1 adopted the reso- lution: Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor Newman. Nay: Councilmember Rock. 78-13 - Resolution - Continuing utility commitment to nursing home. On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The utility service commitment made June 11, 1975 for a 120-bed nursing, home to be located on the east side of Morven Park Road is continued so long as the Virginia Department of Health Certificate of Need for the project remains valid. Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and, Mayor Newman. Nay: None. 78-14 - Resolution - Authorizing a consent order in, Mother Goose, Inc. vs. The Town of Leesburg. On motion of Mr. Bange, seconded by, Mr. Herrell, the following resolution was proposed: WHEREAS, Mother Goose, Inc. brought an action against the town for declaratory judgment and injunctive relief to compel the town, to grant a 50, 000 gallons per day sewer service use to Mother Goose, Inc. ; and WHEREAS, the action was brought on several grounds includ- ing action taken by Mother Goose, Inc. in reliance of the belief the town had granted permission for sewer service to property owned by Mother Goose, Inc. ; and WHEREAS, as a result of settlement discussions between counsel for Mother Goose, Inc. and the town and extensive stipula- tions to certain facts, the parties have reached under- standings regarding the premises of the controversy: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Town Attorney is hereby authorized and directed to exe- cute a consent order in the case of Mother Goose, Inc. vs. The Town of Leesburg, in the Circuit Court of Loudoun County, In Chancery #6076, under the following terms : ' 2 MINUTES OF JANUARY 25, 1978 MEETING. (a) Mother Goose, Inc. shall be granted a sewer connection permit "for its 95 acre parcel of land situated in southeastern Loudoun County and lying outside the town. (b) The connection shall be used only for one 80-seat res- taurant, one 100-seat grill room, locker rooms for golfing and one 120-unit motel, all to be located on property of Mother Goose, Inc. (c) Mother Goose, Inc. shall bear full responsibility for constructing maintaining and operating its sewer line to the point of connection to the town' s sewer system. (d) Mother Goose, Inc. shall pay all fees and obtain all other necessary permits and licenses necessary for the connection. (e) The town' s obligations under the consent order shall expire if: (1) Mother Goose, Inc: has not secured the required permits from the town and completed construction of the 80-seat restaurant, 100-seat grill room ' and locker rooms for golfing within 24 months from the entry of this order; (2) Mother Goose, Inc. has not secured the required permits from the town and completed 50 percent of the 120-room motel within 42 months from the date of entry of this order; (3) Mother Goose, Inc. has not secured the required permits from the town and completed construction of the 120-room motel within 66 months from the date of entry of this order. On motion of Mr. Rock, seconded by Mr. Herrell, Council voted unani- mously to amend the resolution by ,striking Item (a) , with Item (b) to become Item (a) and to read as follows : (a) Mother Goose, Inc. shall be granted a sewer connection for use only for one 80-seat restaurant,' one 100-seat grill room, locker rooms for golfing and one 120-unit motel, all to be located on property of Mother Goose, Inc. and the remainder of the items to be renumbered: Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. On motion of Mayor Newman, seconded by Mr. Rock, Council voted unani- mously to amend Item (d)(2) to read as follows: (2) Mother Goose, Inc. ha's not secured the required per- mits from the town and completed the 120-room motel within 36 months from the date of entry of this order. and to delete Item (d)(3) : Aye: Councilmembers Bange', Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. It is noted that Mr." Magoffin, attorney representing Mother Goose, Inc. , requested that Council consider a little flexibility on the time allowed for completion of the motel. However, Mr. Walters, a partner in Mother Goose, Inc. , was present and indicated there would be no problem with this. On motion of Mr. Rock, seconded by Mr. Bange, Council voted unanimously to amend the resolution by adding Item (e) to read as follows: 2 MINUTES OF JANUARY 25, 1978 MEETING. (e) This agreementshall be non-assignable by Mother Goose, Inca without approval of the Council . Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: 'None. Mr. Martin was not sure the Judge would enter such an order since this is a compromise agreement - he suggested dismissing the case and adopt- ing an agreement. It was felt that this could be adopted though, with a formal agreement to be presented later. The perfected resolution was adopted by a vote of 5 to 1 and reads as follows : WHEREAS, Mother Goose, Inc. brought an action against the town for declaratory judgment and injunctive relief to com- pel the town to grant a 50, 000 -gallons per day sewer service use to Mother Goose, Inc. ; and WHEREAS, the action was brought on several grounds including action taken by Mother Goose, Inc. in reliance of the belief the town had granted permission for sewer service to property owned by Mother Goose, Inc. ; and WHEREAS, as a result of settlement discussions between counsel for Mother Goose, 'Inc. and the town and extensive stipulations to certain facts, the 'parties have reached understandings re- garding the premises of the controversy: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Town Attorney is .hereby authorized and directed to exe- cute a consent order in the case of. Mother Goose, Inc. vs. the Town of Leesburg, in the Circuit Court of Loudoun County, In Chancery #6076, under the following terms : (a) Mother Goose, Inc. shall be granted a 'sewer connection for use only for one 80-seat restaurant, one 100-seat grill room, locker rooms for golfing and one 120-unit motel , all to be located on property of Mother Goose, Inc. (b) Mother Goose, Inc. shall bear full responsibility for constructing, maintaining and operating its sewer line to the point of connection to the town' s sewer system. . (c) Mother Goose, Inc. shall pay all fees and obtain all other necessary permits and licenses necessary for the connection. (d) The town' s obligations under the consent order shall expire if: (1) Mother Goose,. Inc. has not secured the required permits from the town and Completed construction of the 80-seat restaurant, 100-seat grill room and locker rooms for golfing within 24 months from the entry of this order; (2) Mother Goose, Inc. has not secured the required permits from the town and completed the 120-room motel within 36 months from the date of entry of this order. (e) This agreement shall be' non-assignable by Mother Goose, Inc. without approval of the Council . Aye: Councilmembers Bange, Cole, Herrell, Tolbert and Mayor Newman. Nay: Councilmember Rock. 23 MINUTES OF JANUARY 25, 1978 MEETING. 78-15 - Resolution - Approving water and sewer extensions for Catoctin View Subdivision, Section 1. On motion of Mr'. Tolbert, seconded by Mr. Rock, the following resolution was proposed: • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Extension of the municipal water and sewer works for Catoctin View Subdivision, Section 1 , is approved.. 11 It was explained that the water and sewer are not available at this time, however, the passage oft the amendments to Sections 15-9 and 19-18 provide that' these utilities shall be available only with approval of the Health Department or the State Corporation Commis- sion with respect to their particular jurisdiction. The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. 78-16 .- Resolution - Authorizing well options, awarding of contracts and an appropriation. • 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 : SECTION I. The Town Manager is authorized and directed to secure purchase options in the amount of •$100• each for the following: __ • Owner (Tax Map No.) Zoning Land• AccessEasementTotal 3) DiZerega _(48-46) R-3 30, 000 $30, 000 6) Consolidated • Dairy (481-2-B) R-1 8,000 - 8, 000 SECTION II. The Town Manager is authorized and directed to enter into negotiated contracts for construction and develop- ment of test' wells in a total" amount not to exceed $10, 000. SECTION III. An appropriation' of $10,200 is made to Account No. 10300. 816 - New Wells . Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. 78-17 '- Resolution - Authorizing the sale of surplus police vehicles by public auction. On 'notion of Mr. -Rock, seconded by Mr. , 'the following reso- lution was proposed and unanimously adopted: RESOLVED. by the Council of the Town of Leesburg, Virginia, as follows.: • SECTION I. The Manager is authorized and directed to dispose of two surplus police vehicles by public auction to be held on February 10, 1978. SECTION' II. 'Public notice advertising the sale of the surplus vehicles shall be published in the Loudoun Times-Mirror on February 1 , 1978. _ • • . Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. 24 MINUTES OF JANUARY 25, 1978 MEETING. 78-18 - Resolution - . Authorizing Manager to execute Grant Agreement with the Division of Aeronautics, State Cor- poration Commission, for development of Lees- burg Municipal Airport. On motion of Mr. Rock, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Manager is authorized to execute the Grant Agreement with the Division of Aeronautics, State Corporation Commis- sion, for development of Leesburg Municipal Airport, Project #0027-01, in an amount not to exceed $31 , 955. 00. Aye: Councilmembers Bange, Cole, Herrell , Rock, Tolbert and Mayor Newman. Nay: None. 78-19 - Resolution Approving continued funding of Police Investigator Grant and endorsing Local Criminal Justice Ob- jectives for 1979. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of' Leesburg, Virginiatc. as follows : SECTION I. The Manager is authorized and directed to submit the necessary applications for continued division of Justice and Crime Prevention Funding of the existing Police Investi- gator program through calendar year 1979. SECTION II. The Criminal Justice goals and objectives at- tached with a memorandum to the Council dated January 13, 1978, . are endorsed. Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. Nay: None. 78-20 - Resolution. - Endorsing continued. Division of Justice and Crime Prevention funding for the Northern Vir- ginia Criminal Justice Academy. On motion of Mr. Rock, seconded by Mr. Herrell , the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Continued Division of Justice and Crime Prevention funding for the Northern Virginia Criminal Justice Academy through calendar year 1979 is endorsed. Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and Mayor Newman. - Nay: None. 78-21 - Resolution - AcceptingDeed of Dedication by Commonwealth Bank andTrustCompany of Virginia. On motion of Mr. Rock, . seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Deed of Dedication made the 14th day of November 1977 by and between Commonwealth. Bank and Trust Company of Vir- ginia and the Town of Leesburg is hereby accepted and the Mayor is authorized to acknowledge the same on behalf of the Town. MINUTES OF JANUARY 25, 19784qEETING. - Aye: -Councilmembers Bange,. •Cdie, . Herrell, Rock, Tolbert and Mayor Newman. Nay: None. 78-22 - Resolution - Recommending appointment to Board of Zoning Appeals. On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS the term of Lawrence W. Muse as a member of the Town of Leesburg Board of Zoning Appeals did expire on December 31•, 1977 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Council recommends the appointment of Walter F. Murray to the Board of Zoning Appeals for a term of five years, be- ginning January 1 , 1978 and expiring December 31, 1982, and the Mayor is directed to send Council ' s recommendation to the Judge of the Circuit Court. • Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and • Mayor Newman. " • Nay: None. `V • Mayor Newman read a letter from Mr. Tullius, President of Group 44, Inc. , withdrawing the proposal for FBO lease at the Airport. Mr. Niccolls said there have been many calls about the snow and ice control, both complaints and' compliments. He did not• feel that the town is quite well enough equipped for as heavy a snowfall as this one, so Council will probably be asked for another snow plow for next year, thus giving them four pieces of equipment. Keeping the primary roads clear requires a lot of time and effort and some of the men were working double shifts. There has been a serious problem regarding pedestrian areas and a lot of time has been spent today opening drains. Mr. Bange suggested that it might be worth- while to have another salt dispensercif we are. going to have another plow. Both Mr. Bange and Mayor Newman commented that the removal of snow and ice at night in the downtown, area was a good idea. Mr. Bange suggested that legislation be drawn to make the main thorough- fares snow emergency routes during snowstorms and that No Parking be allowed on these streets to facilitate the cleaning of the streets. Mr. Cole suggested that this be for 24 hours after a snowfall. Mr. Niccolls said Mr. Minor is preparing such legislation for Council ' s review. Mr. Niccolls also called attention to the message concerning the FBO proposals for the Airport - the Commission is working every Monday night trying to get a recommendation for Council in March. Mr. Wallace has asked for an opportunity between now and that time to address the Council - this is a legitimate executive session item. The Commission does not want to make a recommendation until it is sure Council has all the information they need. Mayor Newman asked Council ' s feeling concerning a request from State Senator Joe Canada with regard to legislation proposed by him to the General Assembly on decreased litter. It seemed tote the consensus of Council members that a formal opinion be requested from the Attorney General as to whether the County' s container ordi- nance applies to the Tgwv gf Leesburg. Mr. Rock advised that there is Federal legislatiBFf2Snnthis also. Mr. Niccolls felt this matter should be resolved. Mayor Newman also asked that all members be present for the special workshop session on Monday night, January 30, on the Sewer and Water Rate Study. MINUTES OF JANUARY 25, 1978 MEETING. 78-23, - Resolution - Amending Resolution No. 78-11 establishing compensation for the Manager and making an appropriation for the fiscal year ending June 30, 1978. Mayor Newman explained that an error was made in the amounts used in Resolution No. 78-11 •adopted .at the Council. meeting of January 11, 1978. On motion of Mayor Newman, seconded..by .Mr. Her- rell , 'the following resolution was proposed and adopted by a vote of 5 to 1 abstention: WHEREAS, the amounts used in Resolution No. 78-11 adopted on January 11, 1978 are in error and should be corrected: THEREFORE, RESOLVED by the Council of the Town of. Leesburg, Virginia, as follows : ResolutionNo.. . 78-11 .is• amended. by .striking the-amounts used and inserting the .proper amounts to- read as -follows : The compensation for the. Manager shall be at the rate of $27 , 552. 50 per year for and after January 1, 1978, and an appropriation is made inthe, amount of $401. 25 to Account No. 2010, 103 for the fiscal year ending June 30, 1978. Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor Newmn, Nay: None. Abstention: Councilmember Rock. On motion of Mr. Rock, seconded by .Mr. . Herrell , the meeting was adjourned at 8 : 55 P.M. 3� Mayor Clerk of t' e Council