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HomeMy Public PortalAbout1979_09_26 68 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 26 , 1979 . O A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on September 26 , 1979 at 7 : 30 P .M. The meeting was called to order by Mayor Pro-Tem Hill, with Mr. Tolbert giving the invocation, and followed with the Salute to the Flag led by Mr. Cole. Present were: Mayor Pro-Tem G. Dewey Hill, Jr. , Councilmembers Glen P . Cole, Marylou Hill, Walter F. Murray and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H . Minor, Director of Engineering Andrew G. Shope, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent from the meeting were Mayor Kenneth B. Rollins and Councilmember Stanley D. Herrell, Jr. The minutes of the meeting of September 12, 1979 were approved as written. PUBLIC HEARING ON COMMUNITY DEVELOPMENT SINGLE PURPOSE GRANT PREAPPLICATION : The notice ofpublic hearing was read by the Clerk . Mayor Pro-Tem Hill explained that the town now has a project in progress under this program from last year ' s allocation of funds. It is hoped that Leesburg can continue to receive its fair share of these funds to conduct other projects needed in town. Mr. James J. Fletcher, a resident of 247 South Wirt Street, said there is a bad storm drainage problem in back of his house, particularly in h avy rains . When he built his house in 1975, he had it elevate8P60°feet , knowing that water used to go under and up into the old house on this site . He still carries storm insurance on the present house. He said he was told sometime ago that the two drainage pipes would be straightened out - there should be two pipes in this location, but this has not been done. He signed a petition two and a half years ago asking for sidewalk in this area. This has not been done either, tho he was told this would be done under a subcontract in connection with the Route 15 project. The people in this area would be happy to have a sidewalk on just one side of the street. He asked that town officials come out to this location during a heavy rainstorm and see just what happens. Mr. Hill declared the hearing closed and assured Mr. Fletcher that this project will be given consideration under this program. Mr. Tolbert said there are some 20 to 25 families in this area that are very much interested in this also, but they could not be present tonight. MANAGER' S REPORT : Mr. Niccolls called attention to the Activity Report distri- buted tonight, highlighting the following items : (1) Concerning the Potomac River Water project, we are pre- paring to execute the contract documents on October 2 with Mechani- cal Constructors , Inc. for work on the plant itself. It is planned to issue the Notice to Proceed the same day. There are some 36 change orders to be set out fully in writing and this work will be finished Saturday. There is a resolution on the Agenda tonight approving these - they have all teen leviewedinformally and agreed to by the engineer and the contractor . We will not actually have the instru- ments until Monday . There was a stipulation put into the contract authorization that Council wanted the engineers to be satisfied that the change order documents are in order before the contract is actually signed. This carries forth Council ' s intent. I/ (2) the $1, 500 , 000 bond issue proposed as additional financing for the above-mentioned project is moving along. The award is ten- tatively scheduled for the October 10 meeting. The plan is to ne- gotiate these bonds to bring in an interest rate at market and avoid disturbing the secondary market on Leesburg' s earlier bond issue and secure the best rate for the new issue . Mr. Wales will be available on Monday, October 8th if councilmembers would like to discuss the bond issue with him. Financial information is being prepared and a draft prospectus will be distributed to members. This is the same process as before except that we are negotiating with investment bankers rather than having public bidding. MINUTES OF SEPTEMBER 26 , 1979 MEETING. (3) The work on the log cabin, as well as on this building, 69 is moving along smoothly. (4) The start of the Normandy Village storm drainage work has been delayed about a week due to bad weather where the contractor has been working. He is expected here on Monday. COUNCILMEMBER INQUIRIES AND COMMENTS : Mrs. Hill asked if any work is projected for the sidewalk be- tween this building and King Street? She said there is a hole in front of "The Wild Carrot. " Mr. Niccolls said none is proposed but he will have it inspected. MAYOR PRO-TEM COMMENTS AND PROPOSAL: Mayor Pro-Tem Hill said he was somewhat upset last week that there was a tie vote by the Board of Supervisors concerning the lo- cation of a County park. It appeared that there should have been enough votes to carry it since one Board member did not vote because of a conflict and the Chairman was absent. He felt there is no bet- ter location for such a park than in Central Loudoun, or within a CO five-mile radius of Leesburg. He commended the Chairman of the CO Board for publicly staing that he will support a resolution to lo- CO cate this park in this area and proposed a resolution supporting this . Q 79-129 - RESOLUTION - ENDORSING THE DEVELOPMENT OF A COUNTY PARK IN Q CENTRAL LOUDOUN COUNTY . On motion of Mr. Hill, seconded by Mr. Cole , the following resolution was proposed and unanimously adopted: WHEREAS the voters of the County of Loudoun have passed a bond issue for the development of a County park, and WHEREAS, it has been recommended that this park should be located in Central Loudoun, ,and more specifically within a five-mile radius of the Town of Leesburg, THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Council is in favor of locating this County park in Central Loudoun, and within a five-mile radius of Leesburg. SECTION II . A copy of this resolution shall be sent to each Supervisor at his/her home address, .as well as to the Board ' s Leesburg address . Aye : Councilmembers Cole , M. Hill, Murray , Tolbert and Mayor Pro-Tem Hill . Nay : None. PETITIONERS : Mr. William J. McDonald, understood that Council will vote later in this meeting on a resolution authorizing the Highway De- partment to proceed with certain changes in the West Market Street plans . Although they, the opponents, recognize that the Town has made a major effort to accommodate some of their objections, it is felt that Council should go into the vote knowing that the plan as now proposed is still not acceptable to the residents of the area, either collectively or individually. The project still leaves a lot to be desired, but they are closer together than be- fore. The idea of one-way streets still faces a lot of opposition, and he thinks the cost of the project will be a stumbling block . He asked that Council consider meeting with the interested resi- dents before the plan is sent to Richmond and before any more money is spent to revise the plans . MINUTES OF SEPTEMBER 26 , 1979 MEETING. 70 Mr. J. B. Anderson, Chief of the Leesburg Fire Company, said they are not against any site or road improvements at the west triangle, but they are totally opposed to any one-waying of the streets. This includes all fire departments and rescue squads in the County. The suggestion of traffic signals controlled from the vehicles is an expensive one , both for emergency personnel and the town. The suggestion to block off streets with the police is a good one, except that this does not control the driveways in be- tween. They already face some serious problems with the existing one-way streets, primarily due to the antiquated numbering system in the town. This , together with the one-waying of streets pro- posed would require them to go 8 blocks to go only 21 blocks away from the station. There are other traffic situations that need to be looked at in Leesburg and they should have their priority first. He asked that these factors be considered in their dis- cussion of this project. Mr. Anderson said that, in researching the Town Code, he has found some problems with the proposal to be considered tonight con- cerning the penalties for parking in front of fire hydrants and fire lanes. There is no reference to fire hydrants, however, Sec . 7-385 specifies that fire lanes are those areas including fire hy- drants when properly marked, which means they have to be painted or marked with signs. All fire hydrant areas should be specified either by painting the curbs yellow or by marking them, or change the Code to reflect any fire hydrant - this would cover the above section. He asked that the areas surrounding fire and rescue buildings be included in this ordinance as a violation. He was 100 percent in favor of the highest possible amount for such violations - the penalty should be as strong as possible. Such a deterrent would help them a great deal - he suggested a minimum fine of $25 .00 . Anything to help them will prolong the volunteer system. He asked that Council consider these changes in the proposed ordinance. Proposed ordinance amending the Town Code regarding penalties for obstructing fire lanes and fire hydrants . On motion of Mrs . Hill, seconded by Mr. Tolbert, an ordinance was proposed amending Sec 7-387 and Sec. 10-162 of the Town Code regarding penalties for obstructing fire lanes and fire hydrants. Mr. Hill felt this should go back to Committee in light of the sug- gested changes by Mrs . Hill and Mr. Anderson. On motion of Mrs. Hill, seconded by Mr. Tolbert, Council voted unanimously to send this back to the Finance and Administration Committee : Aye : Councilmembers Cole , M. Hill , Murray, Tolbert and Mayor Pro-Tem Hill . Nay : None. 79-0-17 - ORDINANCE - AMENDING SECTION 18-1 AND REPEALING SECTIONS 18-2 , 18-3 , 18-4 , 18-5 and 18-9 OF THE TOWN CODE. On motion of Mrs. Hill , seconded by Mr. Cole, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . Section 18-1 of the Town Code is amended to read as follows : Sec. 13 -1 . Definitions . For the purpose of this chapter the term mobile office means an office on wheels designed and constructed to permit occupancy as a temporary office used or intended for use during the erection of a structure. SECTION II . Sections 18-2 , 18-3 , 18-4 , 18-5 and 18-9 of the Town Code are repealed. MINUTES OF SEPTEMBER 26 , 1979 MEETING. Mrs . Hill explained that this is a result of changes made by the 71 General Assembly. Mr. Hill asked what has been changed? Mr. Nic- cols explained that we had a license tax on mobile home parks in the Town Code. By action of the General Assembly two or three years ago, these were prohibited after a certain time, which is now, so we are taking the permanent step to delete these from the Code. There were two or three minor sections in this chapter that per- tained to temporary mobile offices - these were regulatory in na- ture, not licensing - it was felt appropriate to leave these in since they are still permitted by State law. Mrs . Hill pointed out that there will be a loss in revenue of about $850 . 00 . The ordi- was unanimously adopted: Aye : Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor Pro-Tem G. Dewey Hill, Jr. Nay: None. 79-129A - RESOLUTION - REQUESTING REVISION OF ROUTE 7 WEST PLANS . On motion of Mr. Cole, seconded by Mr. Murray, the following resolution was proposed: CO WHEREAS, the Virginia Department of Highways and Transpor- QD tation requested comments on proposed plans for improvements N to West Market Street before scheduling its public hearing; w and Q WHEREAS, the proposed plans can be revised to reduce the im- Q pact on adjacent property without reducing pedestrian and automobile safety: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Virginia Department of Highways and Trans- portation is requested to revise the proposed plans for im- provements to West Market Street in the following ways : (a) The distance from back of curb to outside of side- walk shall not exceed 5 feet. (b) The travel lanes shall be 11 feet wide. (c) Header curb is acceptable for both sides of Loud- oun and Market Streets and the overall distance between face of curbs shall not exceed 22 feet. (d) The additional eastbound approach lane for Loudoun Street west of Morven Park Road shall be deleted. (e) Retaining walls shall be added on the north side of Market Street as reasonably necessary to preserve trees and existing retaining walls. (f) Cuts and fills of existing vertical curves shall not exceed the amounts necessary to improve sight distances to proper designed standards . (g) Curb and gutter shall be added on the north side of Market Street from Morven Park Road to the West project limits. (h) The curb and retaining wall radius at the north- west corner of Market and Ayr Streets shall be reduced. SECTION II . If the revisions described above are made it is the Council ' s intention to proceed with the project through the location and design hearing stage and to make a final decision on the project after the hearing . MINUTES OF SEPTEMBER 26 , 1979 MEETING. 72 On motion of Mrs. Hill, seconded by Mr. Cole, it was proposed to amend Section II to read as follows : SECTION II. If the revisions described above are made, they shall be submitted to the Town Council for further study prior to setting of location and design hearing. Mr. Cole asked if it is not automatic to get Council ' s approval before it goes to public hearing? Mr. Niccolls said he did not know their regulations but, on previous projects, there has been a period of time before the public hearing for Council to look at the final plans and comment on them. He felt this was contem- plated by the Highway Department. The amendment was unanimously adopted: Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill. Nay : None . Mr. Hill hoped this project will have the opportunity of going to the design stage hearing. He felt the Highway Department is really trying to cooperate on this project and still stay within their con- fines. They should be commended through Mr. Niccolls and the Town staff. Mr. Niccolls felt they are most unwilling to make addi- tional substantial changes to the plans , but they are always will- ing to make minor modifications. If good reason is shown after the hearing that the plans should be modified, this is what they will have to do. Mr. Murray said the comment has been made that this is being jammed down the Town ' s throat - the record shows that it was requested by the Town. If it is not built, it would cost the Town a lot more money and he felt there are other lo- calities that would like to use this money. He felt this is a case of "Take it or leave it. " He felt the Fire Department could get through with less problem than described by Mr. Anderson - cer- tainly there is no-one more cognizant of safety than the Highway Department. If the people living in this area are provided with stone face retainer walls with landscaping behind them and with a minimum amount of trees removed, it would give them an oppor- tunity to get in and out of their driveways with far more safety. A traffic light at Market and Ayr Streets would give them even more safety to get in and out of their properties. He said he is committed to it. The "Y" is dangerous - this is confirmed by both the Police and Highway Departments. Mrs. Hill said she could think of three instances that were supposed to be improvements and the situation is worse. The resolution, as amended, was unanimously adopted: Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill. Nay: None. 79-130 - RESOLUTION - AUTHORIZING THE PROPOSED SETTLEMENT OF TOWN OF LEESBURG v. COUNTY OF LOUDOUN, ET AL, IN CHANCERY NO. 3037 , IN THE CIRCUIT COURT. OF LOUDOUN COUNTY. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : The Town Attorney is authorized and directed to execute on behalf of the town a proposed entry in the Circuit Court of Loudoun County , Chancery No. 3037 , in the case Town of Leesburg v. County of Loudoun, et al, (Potters Field) under the following terms and conditions : 1. Fee simple title to "Potters Field" , as shown on the plat of Walter L. Phillips , C.L.S . , dated November 24 , 1965 containing 42, 558 square feet was vested in the Town of Leesburg, by virtue of the Deed dated 1839 from Benjamin Shreve , Sr. to William T. T. Mason, Mayor, and Thomas Birkby, Recorder, of the Corpora- tion of Leesburg. MINUTES OF SEPTEMBER 26 , 1979 MEETING. 2 . Fee simple title was vested in and to the Town of 3 Leesburg ,.in and to the land described in the afore- said plat by virtue of adverse possession against Benjamin Shreve, Sr. , his heirs , devisees and suc- cessors in interest. 3. Fee simple title has been acquired in and to the 5, 132 square foot parcel, by First National Bank of Purcellville, as shown on said plat by virtue of adverse possession against the Town of Leesburg and the heirs and successors in title of Benjamin Shreve, Sr. by predecessors in title and by First National Bank of Purcellville. 4 . Fee simple title has been acquired by Clarence G. Jewell in and to the 2 , 693 square foot parcel as shown on said plat, by virtue of adverse possession against the Town of Leesburg and the heirs and suc- cessors in title of Benjamin Shreve, Sr. by prede- cessors in title and by Clarence G. Jewell . 5. The Town of Leesburg is at this time the fee simple CD owner of the 34 , 733 square foot parcel, as set forth CO on said plat. W 6 . The said 34 , 733 square foot parcel is located at a site which is inappropriate for its continued use Q as a burial ground. Q 7 . The Town of Leesburg may sell the 34, 733 square foot tract and provide for in any agreement to sell the land, removal of any remains which shall be rein- terred in a suitable place and payment of the costs of removal and memorial if any substantial evidence indicates that such is necessary. 8. The Town of Leesburg may use the proceeds of the sale after deducting the costs of the suit, removal of any remains and reinterment, for any public pur- poses . 9 . That the attorneys representing the town shall sub- mit their charge for services to the Town of Lees- burg for approval by the Court after having reached an agreement with the town as to the amount . 10 . The Town of Leesburg shall pay Elijah B. White, Special Commissioner, a sum as determined by the Court for his services as Special Commissioner. 11 . The First National Bank of Purcellville and Clarence G. Jewell may take possession of and proceed to uti- lize their parcels of land without providing for re- moval and reinterment of the remains since the con- dition of said parcels due to past use precludes the necessity for such action. Mrs. Hill asked why it specifies a "suitable place"? Mr. Martin said the Code probably uses this language. Some three or four years ago, the Town had one of the undertakers go down and check to see if there were any indentations. . They uncovered some 16 to 18 or more. Mr. Hill commented that this is one of the longest lawsuits sustained by the Commonwealth in its history. Mr. Martin has been working on this case at least since 1967 and he felt this should be acknowledged. Mr. Martin said there could still be some problem - the Court may not enter it . The resolution was unani- mously adopted: Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill. Nay: None. 74 MINUTES OF SEPTEMBER 26 , 1979 MEETING. 79-131 - RESOLUTION - APPROVING A GRANT. APPLICATION TO THE VIR- GINIA DEPARTMENT OF CONSERVATION AND ECO- NOMIC DEVELOPMENT, DIVISION OF LITTER CONTROL FOR FUNDING OF LITTER CONTROL EQUIPMENT. On motion of Mr. Tolbert, seconded by Mr. Cole , the follow- ing resolution was proposed: WHEREAS , the Council recognizes the need for litter control within the boundaries of the Town of Leesburg; and WHEREAS, the Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control , for the allocation of public funds to be contributed through grant funding to local litter control programs. RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Town Manager is authorized and directed to submit an application requesting the town' s $1, 495 allocation be used for the purchase of litter control receptacles. Mrs. Hill asked how much one receptacle costs? However, Mr . Niccolls did not know off-hand - it depends on the design and they might come up with some new designs. The resolution was unanimously adopted: Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill. Nay : None . 79-132 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON PROPOSED AMENDMENT TO ARTICLE II, CHAPTER 17 OF THE TOWN CODE. On motion of Mr. Murray, seconded by Mr. Tolbert, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A notice of public hearing to consider a proposed amend- ment to Article II, Chapter 17 of the Town Code regarding business license fees for peddlers, itinerant vendors, professional occupations, real estate brokers, pawn- brokers and title insurance companies, shall be published in the Loudoun Times-Mirror on October 4 , 1979 for a pub- lic hearing on October 10 , 1979 at 7 : 30 P.M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Vir- ginia. Mr. Tolbert asked if this catches all of the people for ped- dler ' s licenses? Mr. Niccolls said we issue very few peddler ' s licenses - a peddler is one who sells the goods he has with him. Agricultural and farm produce are exempt. Mr. Tolbert was par- ticularly interested in magazine salesmen. Mr. Taylor said there is a very nominal fee for these people. The resolution was unani- mously adopted: Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill . Nay: None. 79-133 - RESOLUTION - AUTHORIZING THE SALE OF A SURPLUS POLICE VEHICLE. • On motion of Mr. Cole, seconded by Mrs. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : MINUTES OF SEPTEMBER 26 , 1979 MEETING. 75 SECTION I . The manager is authorized and directed to dispose of a 1976 police car, Serial #6B53S156401 by way of public auction to be held Wednesday, October 10 , 1979 . SECTION II . Public Notice advertising the sale of this surplus vehicle shall be published in the October 4 issue of the Loudoun Times-Mirror. Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill . Nay: None . 79-134 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1980 . On motion of Mrs. Hill , seconded by Mr. Tolbert, the follow- ing resolution was proposed and unanimously adopted after expla- nation by Mr. Niccolls : RESOLVED by the Council of the Town of Leesburg, in Vir- ginia, as follows : CO CO SECTION I . An appropriation is made from the Airport Fund N to Account No. 30000 . 288 , Interest, in the amount of W $5 , 710 . 00 for the fiscal year ending June 30 , 1980 . Q SECTION II . An appropriation is made from the Capital Q Projects Fund to Account No. 70000 . 251 , Preliminary En- gineering, in the amount of $5 , 557 . 00 for the fiscal year ending June 30 , 1980 . Aye: Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill. Nay: None. 79-135 - RESOLUTION - APPROVING INITIAL CHANGE ORDERS ON THE POTOMAC RIVER WATER INTAKE AND FILTRATION PLANT . Mr. Niccolls explained that this has been offered as a New Business item because they would like to move the contracting procedure along as rapidly as possible. Council asked that the engineers be satisfiedthatthe contractor has executed the right change order instruments before they execute the actual contract. After a meeting today with the contractor and the engineer, he sees no impediments to reaching this point by Oc- tober 2, with a fully satisfactory set of change order docu- ments and contract documents , including bonds, insurance, etc . These change orders have been approved by Betz- Converse - Mur- doch, Inc. , but are not actually in final form yet. On motion of Mr. Tolbert, seconded by Mr. Murray, the following resolu- tion was proposed, there being no objection to considering this tonight : WHEREAS, Mechanical Constructors Incorporated, designated contractor for the Potomac River water intake and filtra- tion plant, and Betz-Converse-Murdoch, Inc. , engineers on the project, have reached agreement as to the form and content of initial change orders reducing the cost of the project from $7, 219 , 000 to $6 ,297 , 000 and are in the final stages of preparing change order documents for execution; and WHEREAS, execution of the contract is set for October 2 , 1979 : THEREFORE, RESOLVED by the Council for the Town of Lees- burg, Virginia, as follows : Initial change orders prepared by Betz-Converse-Murdoch, Inc. as described above are approved and the contract authorized in Resolution 79-121 is authorized. MINUTES OF SEPTEMBER 26 , 1979 MEETING. 76 Mr. Hill asked Mr. Niccolls if he feels confident that the engi- neers are not recommending anything unless they have approved it? Mr. Niccolls explained that the change order instruments must be signed by three parties - the engineer, the town and the contractor. The contract documents actually include these instru- ments so the contract cannot be signed until they are ready. The resolution was unanimously adopted: Aye : Councilmembers Cole , M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill . Nay : None. 79-136 - RESOLUTION - .PARTIAL RELEASE OF PERFORMANCE BOND FOR SECTION II OF PHASE I CARRVALE SUBDIVISION. There being no objection to considering tonight, on motion of Mrs. Hill, seconded by Mr. Cole, the following resolution was proposed: WHEREAS , International Pavilion Company, developers of Section II Carrvale, have requested partial release of the $331, 009 Performance Bond for public improvements for that subdivision, and WHEREAS, Bonds #920134 and #920135 in the amounts of $205, 361 and $125 , 648 from Republic Financial Services, Inc. had been approved to guarantee the installation of those public improvements, and WHEREAS, the public improvements have been completed in accordance with town standards except for minor repairs, final paving and as-built drawings, all valued at approxi- mately $73, 500, and WHEREAS , the developers have agreed to substitute a per- formance bond in the amount of $73, 500 to guarantee the remaining work, and WHEREAS , International Pavilion Company understands that 1/. this partial release is not an indication that the public facilities are accepted for maintenance and that they are solely responsible for the condition of those improvements until such time as they are accepted. THEREFORE, RESOLVED by the Council of the Town of Leesburg, as follows : SECTION I. The Performance Bond in the amount of $73, 500 is approved conditioned upon review and approval by the town attorney. SECTION II . Performance Bonds #920134 and #920135 in the amounts of $205, 361 and $125, 648 , respectively, from Re- public Financial Services, Inc. , providing for the guaran- tee for the installation of public improvements for Sec- tion II of Carrvale Subdivision, are released conditioned upon receipt of the bond as noted in Section I of this resolution. Mr. Niccolls explained that this is conditioned upon Council ap- proval, the town attorney ' s approval and receipt of the perform- ance bond - then the return of the old bonds . The resolution was unanimously adopted: Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill. Nay: None. MINUTES OF SEPTEMBER 26 , 1979 MEETING. 79-137 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE INTER- NATIONAL PAVILION COMPANY REGARDING INDEM- NIFICATION TO THE TOWN FOR CERTAIN EXPENSES DURING PROCEEDINGS RESULTING FROM A PETITION FOR ANNEXATION BY CHARLES B. McKIMMEY, ET AL. There being no objection to considering tonight, on motion of Mrs . Hill, seconded by Mr. Cole , the following resolution was pro- posed: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : The Manager is authorized and directed to execute on behalf of the Town the proposed agreement between the Town and International Pavilion Company transmitted with memorandum to the Council dated September 26 , 1979 . Mr. Niccolls explained that out-of-pocket costs incurred by the Town in connection with this suit will be reimbursed to the Town. Mr. Martin explained further that the staff envisions the poten- tiality of the town having to furnish certain evidence by way of CO experts or whatever is required by the Annexation Court. In a CO recent case, it was held that once a town approves a petition of Cu this nature, it also becomes a proponent. It was felt that the W Council might not want to incur expenses which have not been pro- vided for by budget or otherwise, so it was suggested to the at- Q torney for the applicant hat something like this would be in order. Q Mr. Hill asked if this9pr6hibit the town from requesting annexa- tion on its own without waiting the required five-year period? Mr. Martin said we do not know, but he was not sure - the Code seems to have that restriction if it were the town ' s original pe- tition. Mr. Minor believes it has been changed to 10 years , but they are fairly sure this would have no effect on us because this one is a petition-instituted annexation. Mr. Hill suggested that perhaps we should have a ruling from the Attorney General . Mr. Martin did not think so, but the only way the town could really pro- tect itself would be to oppose this. Mr. Minor said the question in Committee was, if we became a proponent, could we refuse the annexa- tion on the Court ' s terms? Mr. Martin said we do not really know the answer to this question. He said the statutesare not too well drawn - particularly in this situation of outsiders coming in and requesting the annexation. Mr. Hill asked if Mr. Martin thought the Court would be unreasonable? Usdid not feel the Court would require sidewalks, curbs, gutters/eas had been done in some instances many years ago - he thought these would be required as a part of the Subdivision Ordinance. Mr. Minor said these things would be a part of our Answer - the terms of the annexation would be subject to all of our ordinances , rules and regulations . The resolution was unanimously adopted : Aye : Councilmembers Cole, M. Hill , Murray, Tolbert and Mayor Pro-Tem Hill . Nay : None. 79-138 - RESOLUTION - AUTHORIZING AN ANSWER TO THE PETITION FOR ANNEXATION BY CHARLES B . McKIMMEY , ET AL. There being no objection to considering tonight, on motion of Mr. Cole, seconded by Mrs. Hill, the following resolution was proposed: WHEREAS, Charles B. McKimmey, et al , representing more than 51 percent of the qualified voters in a certain territory adjacent to the corporate limits of the Town of Leesburg, filed a petition in the Circuit Court of the County of Loudoun, Virginia, for annexation of territory specifically described by a map and a metes and bounds description that is part of the said petition; and WHEREAS, the petition requests that the territory be annexed to the Town of Leesburg pursuant to Article I, Chapter 25, Title 15 . 1 of the Code of Virginia, 1950, as amended; and MINUTES OF SEPTEMBER 26 , 1979 MEETING. 78 WHEREAS , the Town of Leesburg has been named as a necessary party to the proceedings and has been served with a copy of said petition: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: The Town Attorney is authorized and directed to file an answer in the Circuit Court of Loudoun County to the afore- mentioned annexation petition generally as follows : (1) With the exception noted below, the Town of Lees- burg agrees with all of the statements and terms contained in the said petition, including but not limited to the de- sirability of, necessity for, and expediency of the an- nexation of the said territory to the Town of Leesburg. (2) Statements 8 .a and 8.b with respect to zoning for the said territory are not appropriately included in the petition as the zoning of a newly annexed territory is es- tablished pursuant to Section 1-3 of the Leesburg Zoning Ordinance and any subsequent rezonings are accomplished through appropriate Council action in accordance with the Code of Virginia. (3) The terms set out for the annexation shall be sub- ject to current and prospective federal, state and town laws , ordinances, rules and regulations. Mr. Hill asked Mr. Martin if the agreement entered into with the Petitioner would have to be approved by the Court? Mr. Martin said it would not. The resolution above was unanimously adopted: Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill . Nay : None. 79-139 - RESOLUTION - AUTHORIZING A SUBDIVIDER' S AGREEMENT AND APPROVING A LETTER OF CREDIT FOR CARDINAL INDUSTRIAL PARK SUBDIVISION. There being no objection to considering tonight, on motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Cardinal Industrial Park Subdivision has re- ceived preliminary plat approval and the Director of Engi- neering has approved the construction drawings and a $252, 000 cost estimate for public improvements; and WHEREAS, the Virginia Department of Highways and Trans- portation has advised the developer it. will construct Cardinal Park Drive at its expense under the Industrial Access Highway Fund Program at a maximum cost of $182, 500 . THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows : A letter of credit from the First and Merchants National Bank in the amount of $69 , 500 is approved to guarantee installation of public improvements in Cardinal Industrial Park Subdivision, exclusive of work to be performed by the Virginia Department of Highways and Transportation, and the Manager is authorized and directed to execute the standard agreement for installation of public improvements in Cardi- nal Industrial Park . In the event the Virginia Department of Highways and Transportation refuses or fails to construct Cardinal Park Drive, or notifies the developer or town that Cardinal Park Drive is ineligible for Industrial Access High- way Fund Program monies , the developer shall immediately in- crease its guarantee of performance under the subdivision ordinance to the Director of Engineer ' s then current cost estimate of public facilities remaining to be installed in Cardinal Industrial Park. MINUTES OF SEPTEMBER 26 , 1979 MEETING. Mr. Niccolls said this is a rather unusual request in that it 7 9 requires the town to relax its normal bonding procedures slightly because of an agreement that the developer and the Highway Department have reached on that road. The Highway De- partment could theoretically withdraw this agreement under some unforeseen circumstance and we would be left with an approved subdivision without 100 percent bonding. The only saving con- dition is that it is a subdivision outside the town and we hold the water and sewer connections. He felt that sufficient leverage exists on these developers to cause them to replace such surety with another letter of credit. He had no reservations, other than this one slight caution. Industrial access road money is only available for a road which serves a new or greatly expanded sig- nificant industrial employer. If the company that has signed the agreement for a lot with Cardinal Industrial Park should go bank- rupt and not be able to fulfill the terms of its : purchase agree- ment, VDH&T could say that Cardinal does not have an industrial user so they can ' t build the road. Metro Manufacturing was burned out and wantsto come back to Loudoun, so he felt this is a situation worth doing. Representatives of the developer were present. • Mr. Hill asked if the Highway Department is requiring a bond CD to be put up for this work? Mr. Jewell said they will let the CO bids for the road construction, so the developer will have nothing to do with it. Mr. Hill asked what assurance they have that the N Highway Department will do this? Mr. East said they have a letter W qualifying them for the roadway funds program. and they are avail- a able annually. Mr. Jewell said there is a letter from Mr. Butler CX dating the funds have been approved. Mrs. Hill asked when this work will be done . ? Mr. East said it will be this fiscal year. Mr. Shope exhibited a. copy of this letter. Mr . Niccolls said, in order for this road to be constructed by the Highway Depart- ment, it must be on a publicly owned right-of-way, and in order for there to be such a right-of-way, there must be a subdivision approved. The letter from the Highway Department was read into the record, and -states that the factory would qualify for indus- trial access funding up to a maximum of $150, 000 . Their estimate for construction of the road is $215, 000, so this leaves a bal- ance of $65, 000 to be committed by others . Mr. East further ex- plained that the $150 , 000 is outright money from the State. They will further increase their participation on a dollar to dollar basis, so they are actually talking about $32 , 500 . The Highway Department 's full participation will be $185, 000 . Mr. Niccolls asked why the Council should act tonight on this? Mr. East said they need the subdivision recorded - they can ' t get back to the State with the Supervisor ' s resolution of support until they have a recorded subdivision. With a completed subdivision, the State can then proceed to take the drawings and issue the bid proposal . This is the critical part. They also have a couple of contracts on the property that have requested lot numbers and this can only be done with a recorded subdivision. Mr. Niccolls said he will be checking tomorrow with the Highway Department to get a letter to the town. Nothing will be executed until such a letter is re- ceived saying this is their approved plan . He wants to be sure the town is satisfactorily covered. Mr. Jewell said they have been dealing with the Highway Department on another road to be dedi- cated to _.._then .. that has nothing to do with Cardinal Park Drive other than that it ties into it . They have also been dealing with the Planning and Zoning staff of the County and with the Town as well since they are in the one-mile jurisdiction . Each department will do nothing without the others having given approval, so they have been going around in circles . They consider this letter from the Highway Department a major move on their part. He had no problems with what Mr. Niccolls wants to do. Mr. Hill said he would like to see the Highway Department commitment , and that letter should state that they will furnish the additional $32 , 500 . Mr. Niccolls felt that the contingencies are built into the reso- lution. Mr. Shope will not recommend final plat approval to the Planning Commission until we have everthing in place. The reso- lution was unanimously adopted : Aye: Councilmembers Cole , M. Hill, Murray , Tolbert and Mayor Pro-Tem Hill . Nay : None. SO MINUTES OF SEPTEMBER 26 , 1979 MEETING. 79-140 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE LOUDOUN TIMES PUBLISHING COMPANY FOR STORM SEWER ENCROACHMENT FOR LOADING DOCK. There being no objection to considering tonight, on motion of Mr. Cole, seconded by Mr. Murray, the following resolution was pro- posed: WHEREAS, the Loudoun Times Publishing Company, Inc. , 9 East Market St. proposes to construct a loading dock and load- ing dock foundation which will intrude into an existing storm sewer easement granted tothe town, and WHEREAS, the presence of the loading dock and loading dock foundation may impede the required maintenance replacement or use of the storm sewer, and WHEREAS, it is the desire of the parties to provide for the payment of the cost of said maintenance and/or replacement for use of the storm sewer; NOW, THEREFORE, RESOLVED, the Mayor is authorized to enter into an agreement with the Loudoun Times Publishing Company which allows for the encroachment of the loading dock and loading dock foundation and provides for compensation to the town for any additional costs related to the encroach- ment and holds the town harmless from any liability or claim as a result of this encroachment. The Town Attorney is to review and approve this agreement prior to execution. Mr. Niccolls sketched this proposal on the blackboard and explained that the loading dock and foundation, as originally proposed,were in the way of traffic coming from the bank. This puts it right over the storm sewer, however, Mr. Shope says it will not endanger the pipe. Mr. Hill asked if this is an improvement over what it was before. Mr. Shope said it will make it difficult for the town to get in and maintain the storm sewer line . That ' s why they felt there should be a separate agreement for this . The resolution was unaninously adopted: Aye : Councilmembers Cole, M. Hill, Murray, Tolbert and Mayor Pro-Tem Hill . Nay : None . Mrs. Hill asked if the wiring in the Council Chambers has been checked - the lights keep blinking on and off. Mr. Niccolls said it has been checked but he will have it done again. On motion of Mr. Murray, seconded by Mr. Tolbert, the meeting was adjourned at 9 : 20 P.M. /174-/ Mayor `Pro- m 1 Clerk of th/ Council