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MINUTES OF SPECIAL MEETING OF LEESBURG TOWN COUNCIL, MAY 29 , 1979 . 362
A special meeting of the Leesburg Town Council was held, pur-
suant to Notice having been delivered to all Council members , in
the Council Chambers, 10 West Loudoun Street , Leesburg, Virginia
on May 29 , 1979 at 7 : 30 P .M. The meeting was called to order by
the Mayor, with the invocation being given by Mr. Tolbert, and
followed with the Salute to the Flag. Present were : Mayor Ken-
neth B. Rollins, Councilmembers Glen P. Cole, Stanley D. Herrell,
Jr. , G. Dewey Hill, Jr. , Marylou Hill , Walter F. Murray and John W.
Tolbert, Jr. ; also Town Manager John Niccolls, Assistant Manager
Jeffrey H. Minor and Director of Engineering Andrew G. Shope.
Mayor Rollins said he had received a call from former Council-
member Bange asking what is to be done on Harrison Street at the
Vinegar Hill Parking Lot insofar as sidewalk, curb and gutter are
concerned? Mr. Niccolls said there are no plans for sidewalk on
Harrison Street at this time . Mayor Rollins asked if the Town' s
ordinances would not require that this be done 'if it were being
done by a private concern? Mr. Niccolls said "Most likely. " A
decision was made at the time the plans were prepared that this
would run up the project costs, so the plans were finished without
any provision for curb and gutter. He was not sure there was any
O strong recommendation one way or the other. The work could be ac-
Cr) complished. He did not think the ordinance would require this of
the town. Mr. Murray said Council recently waived the requirement
for curb and gutter out by the old Phillips Motel . This would be
a question of building something that is not needed. Mayor Rollins
Q said we did not waive it and he could not understand that we would
be exempt from complying with our own ordinances - we should not
require others to do what we ourselves do not do. Mr. Murray felt
it would be a waste of money - it would not be going anywhere. Mr.
Herrell recalled that we wanted to wait, at that time, until there
would be some development on the other side of the street and those
people would have to put up their share of the money, or else escrow
the money for it . Mr. Cole said there was also the question of align-
ing Harrison Street. Mr. Niccolls said the Town occasionally opens
streets without full width, curb and gutter and sidewalk - East First
Street was a recent example. It is a practicality and it is in Coun-
cil ' s judgment as to whether sidewalk, curb and gutter are to be built
at any given time .
• Mayor Rollins said the Town has an ordinance that must be abided
by - he thinks it is totally irresponsible to require developers to
build anything that we are not going to build ourselves . The street
is already surfaced to Royal Street. Mr. Herrell asked what would
happen on the other side of the street if we put sidewalk, curb and
gutter along by the parking lot? Mr. Niccolls said last year, Coun-
cil considered a study to be conducted by engineers , suggested through
the Planning Commission, to adjust the alignment of Harrison Street.
Until it is aligned, it is not known where the centerline of the street
will be, nor where the sidewalk, curb and gutter will be located.
Mr. Herrell suggested putting money in escrow to do this work when
the street is aligned. Mr. Niccolls said there are occasions when
the town is not obligated to abide by its own ordinances - this is
entirely within Council ' s discretion as to how to construct a street.
He felt it is a legal question as to whether or not we are legally
bound to abide by something in the Zoning Ordinance that is applicable
to private developers. Mr . Murray could think of instances where
the town did not make others abide by the laws for a fire lane, as an
example. He could not see tying up money in escrow if we don ' t need
it. He was willing to go on record as saying that the town will
abide by its ordinance if and when needed and if and when it is de-
termined where it should go. Mayor Rollins again said it is "incon-
ceivable" to him that the Town could have approved those plans in
violation of its own ordinance. Mr. Niccolls said it was discussed
by the entire Council . Mayor Rollins asked how we will get people
onto this lot? Mr. Niccolls said there will be a grass strip on the
Harrison Street side, which was reserved for future sidewalk, curb
• and gutter; there is a planting bed and there are wooden parking
stops, with a driveway entrance up near the south side of this prop-
erty. Mayor Rollins said there are a lot of sidewalks going nowhere
and cited several examples. We should not allow plans to be approved
in violation of our own ordinance. If we don 't want it, then let ' s
waive it. Mr . Hill suggested that the Public Works committee discuss
MINUTES OF MAY 29 , 1979 SPECIAL MEETING. 363
this at its meeting tonight.
Mayor Rollins also reported that Mr. Bange said a prior Council
passed a resolution setting aside a portion of that property for bi-
cycle and sidewalk construction. Mr. Niccolls thought he was refer-
ring to a site plan for development of that lot by the "Jack in the
Box" . They dedicated 17 to 21 feet of the east side of the property
to the town for a bicycle path and sidewalk, curb and gutter. He did
not believe Council ever had this before it . Mrs . Hill did not re-
call the Planning Commission having discussed it.
PUBLIC HEARING ON COMMUNITY DEVELOPMENT SINGLE PURPOSE GRANT APPLI-
CATION FOR FAIRVIEW SUBDIVISION STORM DRAINAGE .
Mr. Minor explained that the Federal regulations say we must
have adequate citizen input and that you must prepare a citizen
participation plan. In our preapplication, we said a citizen
liaison committee would be established. We can appoint this com-
mittee at the next Council meeting and it can go to the Finance
and Administration Committee for discussion prior to that.
Mrs. Margie Harrison, a resident of Fairview Subdivision, thanked
CD each councilmember for their dedication to this project and asked
Cr) each of them to please consider strongly and earnestly the probability
tD of putting in sidewalks, curb and gutter while the storm drainage work
is being done. She felt that there has been enough tax money paid
by the residents of this subdivision over the 19 years since it was
L7 ordered bythe Court. She had several
questions and they will be
shown, along with answers, below:
(1) When will this project start? Mr. Niccolls said the engi-
neers are already preparing the plans and specifications . Bids will
probably be taken by August, with construction to start in the fall.
(2) How will it be done - will it go through their properties
at all? Mr. Niccolls said there are no easements required on this
project - the existing public rights-of-way will be used and the water
will be channeled out.
( 3) In doing this work, will they be tearing up any of the
sidewalks that some of them have put in with their own money for
the safety of their children? If so, will they be replaced if they
do not intend to do the entire project? Mr. Niccolls said they will
replace any private facilities in kind. She referred to her sidewalk
having been torn up three times to repair the water meter on their
property. Each time they poured the sidewalk themselves. The last
time was about a year ago. Mr. Niccolls suggested that she call
him the next time - the work is scheduled by the bosses of the work-
men and they can ' t be held responsible without a work order.
(4) How long will it be until the project is finished after
they start? Mr. Shope guessed 90 to 180 days.
(5) When can she grade the big ditch in her back yard? Her
garden is being flooded out continually. Mr. Niccolls said it would
be premature to do any extensive yard grading until the project is in.
He said to wait until the pipe is in the ground to accommodate the
large volumes of water. Because this particular yard is in the
lower part of the area, there will always be some overland flow,
so they will always have to grade it away from their house.
(6) Will the pipe coming from properties behind them be done
away with. Mr. Niccolls said the plan is to pick up all the water
originating above that street, divert it to underground pipe to the
alley and carry it east in the alley. This will leave only the
water originating in the neighbors ' yards and they can accommodate
that. He assumed that pipe would be abandoned. She asked if they
would come down the paved or unpaved alley? Mr. Cole said it would
be down the alley by Bob Spinks .
She added further that the Court Order 19 years ago called for
sidewalk, curb and gutter as well . She again asked them to please
consider doing it all at one time. Some of the members said that,
once the Town got the grant for the storm drainage, they would use
tax dollars or float a bond to put these improvements in.
Mayor Rollins declared the public hearing ended.
364
MINUTES OF MAY 29 , 1979 SPECIAL MEETING.
79-82 - RESOLUTION - AUTHORIZING SUBMITTAL OF AN APPLICATION FOR
COMMUNITY DEVELOPMENT SMALL CITIES SINGLE-
PURPOSE GRANT FUNDS .
On motion of Mr. Hill , seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
The town manager is authorized to submit an application to
i
the Department of Housing and Urban Development for com-
munity development small cities single-purpose grant funds
in the amount of $81, 100 for construction of the Fairview
Subdivision storm drainage facility as described in the
town ' s preapplication submitted February, 1979 .
Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins.
Nay: None.
Mr. Herrell asked Mrs . Harrison if she would attempt to find
CD four other people who would be willing to serve on the liaison com-
CD mittee.
1-0
6 ., On motion of Mr. Tolbert, seconded by Mrs . Hill, the meeting
an was adjourned at 8 : 10 P.M.
Zalc-c--C-1 Z1 Z Mayor
Clerk of Co ncil
I