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HomeMy Public PortalAbout1980_03_26 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, PUBLIC HEARING ON REVENUE SHARING AND PUBLIC HEARING ON JOHN H. COOK, 1Oi ET AL REZONING, MARCH 26, 1980 . lO 1 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on March 26, 1980 at 7 : 30 P .M. The meeting was called to order by the Mayor, with the invocation by Mr. Tolbert and followed with the Salute to the Flag led by Mr. Hill . Present were: Mayor Kenneth 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, Director of Engineering Andrew G. Shope, Direc- tor of Finance Donald O. Taylor and Town Attorney George M. Martin. The minutes of the regular meeting of March 12, 1980 were approved as written. PETITIONERS AND COMMUNICATIONS : Mr. John Sleeter, President of the -Loudoun County Chamber of Commerce, said the Chamber is interested in relocating its office facilities to a more central area of town. It is understood that Council is considering the leasing of the log cabin facility. He CO asked that consideration be given to leasing this facility to the Chamber. It is felt this would be of benefit both to the town and CO to the Chamber - it would be helpful to the citizenry and to the CO tourists visiting Leesburg, as well as providing a reliable tenant W on a perpetual basis . The town has spent considerable money on a restoring the building and it is felt that occupation by the Cham- l< ber would enhance this and present a good image for the town. Council is constantly pressed for special permit parking, but the Chamber would be requesting nothing of this nature. He asked that Council consider this proposal, hopefully on a favorable basis . Mr. Murray thought this would be most appropriate, however, it should be referred to Committee - there would be insurance, maintenance and other matters to be worked out. Mr. Hill concurred with Mr. Murray, but requested that, if this should come about, the Chamber give full recognition .to Leesburg as the benefactor. Leesburg has been accused of causing growth in the County and this is not entirely true. Perhaps the Chamber might issue some good propaganda concerning this . Mr. Sleeter said the Chamber under- stands this problem and would be happy to work with the town to improve this situation. Mayor Rollins asked if they are on a month to month basis at their present location? Mr. Sleeter said they are on a three-year lease, but this has been discussed with their land- lord and they have a friendly understanding about the lease. They have not set a time-table to move - there are several details to be worked out. Mr. Niccolls said the contractor is beyond the time limit on the contract now - it would probably be about 45 days be- fore he would be finished with all the work, including the outside. Mr. Herrell would like to see the Chamber in this building when it is finished. Mr. Niccolls said it was originally planned to put it out on a lease basis to some 18th century craftsman. He didn 't think it was intended to .derive any large sum in rent - the whole idea is for tourism. Mr. Murray was in favor of leasing it for $1 . 00 per year, with liability insurance and utility bills to be borne by the town - he could think of no better use for the building. Mayor Rollins would like to see the Chamber have it, but he did not agree with $1. 00 per year rent. There should be some reasonable sum in rent because of the town ' s investment in it. Mr. Sleeter said the Chamber is experiencing hard times too, but he felt that what they would offer in community services, etc. would benefit the town and help offset some of these costs. Mayor Rollins re- ferred this matter to the Finance and Administration Committee . and suggested that representatives of the Chamber might like to meet with that committee. PUBLIC HEARING ON REVENUE SHARING FUNDS : A public hearing was opened by the Mayor concerning the use of revenue sharing funds . There was no-one present to speak, so the public hearing was adjourned by Mayor Rollins. MINUTES OF MARCH 26, 1980 MEETING . 182 PUBLIC HEARING ON ZM-27 , JOHN H. COOK, ET AL REZONING: The Notice of hearing was read by the Clerk. Mrs. Hill re- ported that the Planning Commission unanimously voted to deny the application on the basis that (1) it would be spot zoning, and (2) it does not comply with the Comprehensive Plan. Mr. Leland Mahan, attorney representing the applicants, presented an Affi- davit of posting the property for this hearing. He said that Dr. and Mrs. Cook plan to move from Charlottesville to this prop- erty sometime in the next year. He is a specialist in internal medicine and is desirous of locating his practice on this property. They own the old diZerega house, which is situated on Parcel A on the plat and contains about 2 . 49 acres. Immediately adjacent to Parcel A on the west is an old carriage house and he would like to locate his medical practice in this building. They also have an interest in all of the surrounding property. If he were not going to employ anyone he could have his practice in his house under Home Occupations. However, this is not the case - his wife plans to be Business Manager and work in the building, and he will apparently employ a nurse or two. He exhibited to councilmembers a plat of the property and explained the proposal. He does not want to create spot zoning, but thinks this would be compatible with what is taking place in other areas of the community. He today proffered certain conditions that would assure the property would be used only as a medical office and laboratory . He anticipates that the interior of this building ( 732 square feet) will accommodate his present needs. In the future he might want to take on a partner or two - this is why they have shown space not to exceed 5, 000 square feet. He does not anticipate more than 3600 square feet if an addition is put on. In the event this rezoning is approved, the following conditions are proffered: (1) The property shall be used only as a medical office and a medical laboratory; (2) The owner/applicant shall provide a buffer space between the surrounding R-1 zoned property and the im- provements on or to be placed on the land;- the town 's screening and landscaping ordinance shall apply to the development of park- ing lot facilities on the property; ( 3) The town' s rules and regu=. lations applicable to signs in R-1 zoned districts shall apply; (4) Any exterior lighting plan shall be subject to review and ap- proval of the Zoning Administrator; and ( 5) The total floor space utilized for medical offices and medical laboratories shall not exceed 5 , 000 square feet - any additional improvements placed on the land shall not exceed 2-1/2 stories in height. There is a barn and a silo on the property that will most likely be razed. There will be about 12 parking spaces - there will be very little traffic going into his office since he will be spending a lot of time at the hospital . There are no other residential properties very close to the property . It would not be incompatible with other nearby properties - Dr. Orr 's office, Seven-Eleven and the gas station are close and Dr. Vedder used to have offices in his home. In Exeter Square there are a number of doctors - this backs up to residential property and seems to be compatible. Council would have the discretion of using the proffer ordinance to accommodate Dr. Cook and he did not feel this would be setting a precedent. Anyone else coming in would have to provide all of the necessary features. With these conditions, they are limiting the scope. The Planning Commission did not have this proffer since this Code section was just adopted at Council 's March 12th meeting. Mr. Tolbert asked how close this is to the Caulkins and Ingram properties? Mr. Mahan pointed out on the plat the land to be rezoned - this would leave R-1 land for a buffer between the MC and the residential properties. Mrs . Hill pointed out that no-one appeared at the Planning Commission hearing, either for or against this rezoning. Mr. Hill asked where he plans the egress off of Loudoun Street? Mr. Mahan said he plans irg'ress off of Loudoun Street and probably depart by way of Dry Mill Road. Mr. Hill asked to what extent the flood plain would be involved? Mr. Mahan said he doesn ' t plan anything other than the renovation of this building and making provision for parking spaces . Mr. Hill said this is an area that floods occasionally and he doesn ' t want him coming in and asking to have this corrected. Mr. Mahan said this is on about the same elevation as the existing dwelling, on which they are spending a lot of money for renovation. Mr. Hill said .he would like to see this go back to the Planning Commission in light of the proffer - they might change their minds. Mayor Rollins MINUTES OF MARCH 26, 1980 MEETING . 183 asked if they haven ' t done considerable work on this building? Mr. Mahan said not to his knowledge, but they are doing work on the dwelling structure. Mayor Rollins asked why they couldn ' t use the house for an office as a special exception? He felt there would be no question if this office were to be in his home. Mr. Herrell and Mrs . Hill said he could not have this and employ nurses, and he might take in partners in the future. Mr. Mahan said he is willing to provide the buffer and screening and, since they either own or have control over a lot of land surrounding it, it is a unique situation. It is compatible with what is going on in other R-1 districts . Mr. Hill didn 't know what else this land could be used for. His only "hang-up" is the unanimous negative vote from the Planning Commission before Council adopted the proffer. On motion of Mr. Hill, seconded by Mr. Herrell, Council voted unani- mously to refer this matter back to the Planning Commission, in light of this proffer, for their reconsideration and recommendation and report back to the Council : 1 : Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 0/ Mayor Rollins asked that the Planning Commission act on this expe- CO ditiously. Mr. Murray asked that they explore any other avenues N to accomplish this without rezoning. W MANAGER'S REPORT: Q Q (1) Mr. Niccolls said the report from Cable Television Infor- mation Center has been received and will be distributed Friday. They have made some good suggestions and we can now get this item back on the Agenda. (2) The proposed 1981 fiscal year budgets have been distributed to councilmembers tonight. There is a schedule of required hearings, notices, etc. on Page 3. These can be discussed at committee meet- ing and then take action to set the necessary hearing dates, etc. ( 3) Mr. Minor has written and had delivered a memorandum con- cerning the Century Aviation stock sale. Council may want to con- sider this tonight. (4) Work on the North Wirt Street curb and gutter, etc. is going along well and it is hoped to wrap up this project much more rapidly than the other section .and move along to other projects . COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Hill asked if Evergreen Mill Well #3 is back in operation? Mr. Shope said the pump was sent to Texas and they are having trouble getting it back. Singhas is dealing with the manufacturer. Mr. Niccolls said this presents no problem - we can pump 2 , 000, 000 gallons without stressing any of the facilities without that well. We are using Paxton Well a little more than we might otherwise. Mr. Tolbert asked for an explanation of United ..States Code .1 ‘ Section 1983 with regard to the Billy Martin case? Mr. Niccolls said he is not qualified, but this section says that no person shall deny another person his civil liberties under the color of law, which has all kinds of ramifications . They are claiming that our police officer was involved in an incident that denied Billy Martin his civil rights . All the things we do as a government or that we do individually as government officials are done, presumably, under the authority of some law. It ' s these acts that expose us to claims under this Code section. He thought it was a post Civil War pro- vision added to this Code that lay dormant for many years. Now numerous civil rights claims are brought under that section of the Code. Mr. Hill said normally the law was that when a person vio- lated the law he surrendered his civil rights and he was then re- sponsible for what he did. Apparently now, under this law, you have certain rights regardless of what you do. This is one of the very few cases of this kind to be tried. MINUTES OF MARCH 26 , 1980 MEETING. 184 Mr. Herrell asked when the Route 7 East project is to start? Mr. Niccolls said it is on the bidding calendar for June and work could start 60 days after that. It will take at least a year to finish. Mr. Tolbert said quite a few of his neighbors have asked about the screening behind the Village Square Shopping Center - people are beginning to trespass . Mr. Niccolls said this is a good point. There are several items still outstanding on the site plan. 80-37 - RESOLUTION - AUTHORIZING EXECUTION OF AN AGREEMENT WITH WASHINGTON GAS LIGHT COMPANY PERMITTING IN- STALLATION OF A PRESSURE REGULATION FACILITY WITHIN THE PUBLIC RIGHT-OF-WAY . On motion of Mr . Tolbert, seconded by Mrs . Hill, the fol- lowing resolution was proposed: WHEREAS, the final plat for Leesburg Square Subdivision was approved and recorded in 1973; and WHEREAS, this plat dedicated an area for widening of Fort Evans Road which included a Washington Gas Light Company easement for a future pressure regulating facility instal- lation; and WHEREAS, the gas company has agreed to quitclaim its ease- ment within the right-of-way to the town subject to certain conditions; and WHEREAS, another area within the right-of-way on the north side of Market Street to the east of Fort Evans Road out- side of the paved area has been delineated as a suitable location for this pressure regulating station installation. NOW, THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows : The Mayor is authorized to enter into an agreement with the Washington Gas Light Company to permit installation of a pressure regulating facility within the right-of-way and outside of the pavement on the north side of East Market Street to the east of Fort Evans Road. Mr. Hill understood there will be no work done on this prior to the widening of East Market Street. Mr. Niccolls understood that this pressure regulator is needed for future commercial development east of the By-Pass and that, as such, it is a future type facility. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell, D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-38 - RESOLUTION - ACCEPTING DEED OF GIFT FROM C. HERBERT PEARSON AND SHIRLEY V. PEARSON. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, C. Herbert Pearson and Shirley V. Pearson, his wife, have offered to give, grant and convey a certain parcel of land containing 844 square feet located on the west side of South King Street, to be used for public pur- poses, subject to certain uses, terms and conditions : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Deed of Gift of 844 square feet of land lo- cated on the west side of South King Street, to be used for public purposes, subject to certain uses, terms and condi- tions, including, but not limited to, the free unobstructed MINUTES OF MARCH 26, 1980 MEETING. right of pedestrian travel to and -from South King Street 185 and the Municipal Parking Lot, henceforth to be known as "Pearson 's Walk" , is accepted. SECTION II . The Mayor is authorized to acknowledge this Deed of Gift by executing the deed, and the Clerk shall attest the Mayor ' s signature. SECTION III . On behalf of the citizens of Leesburg, this Council extends its sincere appreciation for this gift by Mr. and Mrs . Pearson. Mr. Niccolls said the acceptance of this walk implies some re- sponsibilities by the town - it is in dangerous, almost impassable, condition in freezing weather because of drainage problems. It is littered with broken glass and has been ill cared for. We will have to immediately make it passable. The ultimate plan is for a brick walkway with proper grading and drainage. It is a moderate size project - several thousands . It is ideally suited for town forces to do the work, so it will be a matter of materials out of pocket. This is a great public benefit - it guarantees permanent and uninterruptable access from the parking lot to King Street. CO Mr. Hill asked if it is safe for people to travel through there COnow or should we barricade it? Mr. Niccolls said town forces will N make sure it is passable tomorrow. Mr. Cole said it does contain a lot of broken glass, but the walkable surface is in pretty good W shape - it is asphalt. The resolution was unanimously adopted : QAye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay : None. 80-39 - RESOLUTION - INCREASING THE RENTAL PAYMENTS FOR APARTMENTS #10-1 AND #10-2 LOCATED AT 10 WEST LOUDOUN STREET. On motion of Mrs . Hill, seconded by Mr. Tolbert, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Effective July 1, 1980 lease terms for Apartments #10-1 and #10-2 will be changed by increasing the rent for each apartment to $150 . 00 per month and requiring the tenants to pay quarterly charges for sewer and water consumption at the time individual water meters are in place. Mr. Niccolls said they are paying $90 . 00 per month now. They have been getting away with this for a long time. Mrs. Hill said they will have three months ' notice. This has not been discussed with the tenants . It was pointed out that one of the apartments is occu- pied by a town employee. Mr. Herrell said we can ' t subsidize one employee 's rent. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-40 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARINGS ON AN APPLICATION FOR COMMUNITY DE- VELOPMENT SINGLE PURPOSE GRANT FUNDS . On motion of Mr. Cole, seconded by Mr. Murray, the following resolution was proposed and unanimously adopted : RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : Notices of public hearings to afford citizens the oppor- tunity to comment on priorities in community development and housing needs prior to submittal of the full application MINUTES OF MARCH 26 , 1980 MEETING. 180 for community development funds shall be published in the Loudoun Times-Mirror on April 3, 1980 and April 17 , 1980 , for public hearings on April 9 , 1980 and April 23, 1980 . The hearings will be held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia at 7 : 30 p.m. Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 80-41 - RESOLUTION - AUTHORIZING A CHANGE ORDER FOR FAIRVIEW SUB- DIVISION STORM DRAINAGE IMPROVEMENTS AND MAKING AN APPROPRIATION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Change Order No. 1 for the Fairview Subdivision Storm Drainage Improvements in the amount of $4 , 497 . 36 is approved. SECTION II. An additional appropriation in the amount of $4 , 497 . 36 is made from the General Fund to Account #10110 . 853, Fairview Subdivision Storm Drainage, for the fiscal year ending June 30, 1980 . Mr. Cole asked what this increase consists of? Mr. Shope explained that approximately $3, 000 is for equipment rental costs to connect four or five homes; about $1, 000 is for alterations required to a structure due to location of certain utilities in Wilson Avenue; about $600 is for extending a pipe in a driveway on Pershing Ave. They are all legitimate and this is less than the contractor re- quested - it has been negotiated down from a higher figure. Mr. Herrell asked if something will be done about a structure in the road in front of the Harrison ' s house? Mr. Shope said there will be a concrete entrance gutter on both sides of that structure and there will be delineator posts. There is one across the street from that house and two to be completed on Pershing Avenue. People will not be able to park in as many areas as before. A structure that would allow driving over it would be very much more expensive and quite large to allow the water to flow into it. They might come back later and put some grates on some of the end sections . Mayor Rollins thought they would have put the catch inlets in the alleys . Mr. Cole said there is no alley there - these basins are half way between the alleys . Mr. Hill asked if this has improved the drainage? Mr. Cole felt it will because it will catch most of the water coming down through Fairview and Pershing and keep it from going across the Harrison ' s back yard. Most of the water comes from Normandy Village Subdivision. Mr. Shope said they had a meeting with a citizen committee and Mrs . Harrison said the system is working. The clean-up needs to be completed but the weather has been bad for this. Mr. Minor said they have been advised in writing that this will be done. Mayor Rollins asked where a sidewalk would be in relation to this catch inlet? Mr. Shope said it would be between the house and the catch inlet on the west side of the street. These structures would have to be altered if there is ever curb, gutter and sidewalk. The resolution was unanimously adopted: Aye: Councilmembers Cole, Herrell , D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. 80-42 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR END- ING JUNE 30 , 1980 . On motion of Mrs. Hill, seconded by Mr. Herrell, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : MINUTES OF MARCH 26 , 1980 MEETING. SECTION I . Appropriations are made from the General Fund 187 to the accounts shown below for the fiscal year ending June 30 , 1980 : Account No. Name Appropriation 10210 . 213 Fuel for heat $ 2, 500 14020 . 212 Street lighting 8 , 500 SECTION II . Appropriations are made from the Utility Fund to the accounts shown below for the fiscal year ending June 30 , 1980 : 20200 . 211 Water supply, electricity $11, 000 20300 . 211 WPCF, electricity 16 , 000 Aye : Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins. Nay: None. CO 80-43 - RESOLUTION - APPROVING THE SALE OF 1, 500 SHARES OF CENTURY CO AVIATION, INC. STOCK TO WILLIAM DICKEY. (U There being no objection to consideration tonight, on motion W of Mr. Murray, seconded by Mr. Herrell, the following resolution a was proposed: Q WHEREAS, the present stockholders of Century Aviation, Inc. desire to sell 1, 500 shares of stock in Century Aviation, Inc. to William L. Dickey, 7714 Crossover Drive, McLean, Virginia 22101, and WHEREAS, Article XIV, Section 2 , of the Lease and Operat- ing Agreement with Century Aviation, Inc. , provides for town consent prior to the sale or transfer of more than ten percent of Century Aviation stock. RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The sale of 1, 500 shares of Century Aviation, Inc. stock to William L. Dickey, 7714 Crossover Drive, McLean, Vir- ginia 22101, equal to one fourth of the validly issued and outstanding stock in Century Aviation, Inc. is ap- proved. Mayor Rollins asked if the town has a financial statement on Mr. Dickey? Mr. Minor said they have, but the problem now is that they have already transferred this stock - this is not the final action to be taken. They have a •lengthy recapitalization and refinancing agreement that goes into detail . Mayor Rollins asked how they could transfer stock without Council approval? He would not vote for it on this basis . Mr. Niccolls said this is a default under the terms of the lease. They have paid all their bills to us, but we do not have a clear picture of what ' s outside. Mr. Murray said he does not care who owns the stock as long as they have paid their bills . Mr. Minor said Council has more informa- tion on Mr. Dickey than they had on Mr. Tilghman . This transfer is not valid until approved by Council. Mr. Dickey apologized and said this was an error on his part. The leaseback owners had a meeting in McLean and none of the Airport Commission members or the staff could attend this meeting. Some of these owners called the next day and said this had been done; also, Mr. Dickey said this was done for his legal services and other services ren- dered the company . He has sent in a formal request. Mr. Niccolls recommended tabling this matter tonight and tell him this is re- pugnant. Mr. Murray felt anyone willing to put in a lot of money out there deserves a medal of honor. Mayor Rollins said he does not like to be taken advantage of. Mr. Niccolls said this is an affront to the council. There is no pressure to do this tonight - he is already in it too deep to back away from it. Mr. Herrell agreed with Mr. Murray. Mr. Hill said this man is an attorney - why did he do it? He suggested having him come back to Council and tell them why he did it. He said he would not vote for it MINUTES OF MARCH 26 , 1980 MEETING. 188 for that reason. The resolution was adopted by a vote of 5 to 2 : Aye : Councilmembers Cole, Herrell, M. Hill, Murray and Tolbert. Nay : Mayor Rollins and Councilmember D. Hill. On motion of Mr. Cole, seconded by Mr. Murray, Council voted unanimously to go into executive session to discuss certain legal matters at 8 : 50 P.M. Council reconvened at 9 : 45 p.m. 80-44 - RESOLUTION - AUTHORIZING SPECIAL COUNSEL. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted : RESOLVED by the Council for the Town of Leesburg, in Vir- ginia, as follows : The manager shall enter into an agreement with H. Ben Jones, Attorney at Law, Warrenton, Va. for legal services related to McKimmey, et al v. Town of Leesburg, et al , at a cost not to exceed $65. 00 per hour. Aye: Councilmembers Cole, Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay : None. On motion of Mr. Tolbert, seconded by Mr. Cole, Council voted unanimously to adjourn at 9 : 50 P .M. Mayor Clerk of he Counci