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HomeMy Public PortalAbout1981_07_08 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 8 , 198 .37 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on July 8 , 1981 at 7 : 30 p.m. The meeting was called to order by the Mayor, with the invocation by Mr. Tolbert, followed with the Salute to the Flag led by Mr. Willis. Present .were: Mayor Kenneth B. Rollins, Councilmembers Charles A. Bos, Stanley D. Herrell, Jr. , Marylou Hill , John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent was Councilmember G. Dewey Hill, Jr . The minutes of the regular meeting of June 10, 1981 were approved • with one correction, that being to change " (a 5% reduction" to " (a 5C reduction) . MANAGER' S REPORT: (1) Mr. Niccolls reported that work is continuing in the down- town area. Mr. Hyatt ' s crews completed installation of the water main between King and Wirt Streets today and will be tying over ser- vices to the new line tomorrow morning. The contractor can then re- construct the pavement - they are now doing this between Church and King Streets. They will put down the asphaltic base and will then move to East Loudoun Street between King and Church Streets . The O road will be safe for motorists in the interim before the wearing T coat is put on, although it will appear about an inch to an inch and a half low. It 'will be dust-free. Q (2) A conference is to be held tomorrow in the offices of our Q attorneys in the construction claims dispute involving the Potomac River plant. This will include all counsel for all parties, which is now four or five. Counsel for the parties have agreed to have a conference of all of the engineers advising the parties - they would discuss the relative positions of their clients. It is hoped that a narrowing of the issues will result. There are significant disputes that the lawyers have seen. Mr. Martin, Mr. Shope and he will be going from the town, as well as Mr. Ney of Boothe, Prichard and Dudley. The lawyers will then be making a recommendation for some action on some of the pleadings . He will have a report on this. (3) Mark Weiss has accepted the position of Assistant to Town Manager for Community Development for our project - he is very well qualified and a very personable young man. He is the best from 80 or 90 applicants. Of those interviewed, there were actually two or three that would have been acceptable, so it was a choice from very superior candidates . He will be coming to work on August 3rd and we can then move this project along. (4) We have received cash in the amount of $167 , 000 on the current HUD project - it took a week or less to get this money after we filed the application. (5) All of the permits required for installation of the cable television system have now been issued by the Engineering Department. In at least one case, the cable company was able to get a rear yard easement that was advantageous to it. (6) A cash balance report and a capital projects report are be- fore you tonight. COUNCILMEMBER INQUIRIES AND COMMENTS : Mrs. Hill asked what Mr . Weiss ' salary is? Mr . Niccolls said it is $20, 500 - the full range was from around $19, 000 up. Mrs. Hill also asked if he will be locating in Leesburg? Mr. Niccolls said he doubts it - he feels it is unrealistic to demand that he live here. He owns a home in North Carolina and will have to either sell or rent it. This is not a condition of his employment. Mayor Rollins asked the expected duration of his employment? Mr. Niccolls said it is indefinite - this project will certainly take more than three calendar years and probably more than four to complete. A de- cision will have to be made at that time. There may be additional 138 MINUTES OF JULY 8 , 1981 MEETING. community development activities appropriate for him to undertake. He will also be responsible for assisting in an economic develop- ment activity for the town, making recommendations to Council and carrying out such projects to make Leesburg more desirable and to assist businesses locating in it. Over the period of this project things will most likely change in Leesburg, so he can ' t say that his job will end in three or four years . His type of work is cer- tainly high priority. Mr. Tolbert asked if he is aware that this job is in a way an indefinite thing? Mr . Niccolls said he is. Mrs. Hill said the Planning Commission has received a prelimi- nary plat for the west "Y" - Mr. Brownell is going to buy it. It consists of 17 houses in a cluster, with all of them coming out on Loudoun Street approximately across from Dr. Cook ' s property on the first hill coming east. The citizens in this area are quite concerned about safety and the number of houses. It also involves a private street. Councilmembers may be hearing from some of the citizens in this area. Mayor Rollins felt Council is going to have to "bite the bullet" on this private street matter. Mr. Herrell felt if he starts it, everybody will want to do it. Mr. Bos asked if he is able to get more houses on the land this way. Mrs. Hill said he could have 16 houses the regular way, but he can get 17 by clustering it. The committee has met with him and some of the citizens a week or two ago - this matter is on the Planning Commission agenda for tomorrow night. Mr. Niccolls pointed out that our Subdivision and Land Development Regulations require a developer to 'construct a street that meets our standards, whether publicly dedicated or- not. These standards are the same for both public and private streets. Discussion continued concerning this matter. Mr. Niccolls felt there is no problem - he proposes a cluster development plan, which is op- tional with the Planning Commission - they can accept or reject the plan. If he puts a conventional subdivision on that property, he will have no private streets because all the lots will front on either Loudoun or Market Streets . The Planning Commission will be faced , with a series of difficult choices out there - they would have to work out a suitable clustering plan for the area that does not leave us with any kind of maintenance burden of any type, or to force the owner to conventionally subdivide the tract into 16 lots, all of which would have legal driveways onto Market or Loudoun Street, which we certainly don't want. He felt every one of these problems can be addressed under the present regulatory provisions. The Plan- ning Commission will be making a discretionary approval or disap- proval of his cluster plan. In such circumstances, they can re- quire the developer to do certain things that are correct. They have a choice - if they don ' t work out a suitable accommodation for the development of the land, he can conventionally subdivide it and the town can end up with a mess. MAYOR' S REPORT: Mayor Rollins asked Mr. Niccolls to explain the cross connec- tion control program between the town and the county. Mr. Niccolls explained that the General Assembly authorized the State Health De- partment several years ago to adopt waterworks regulations for public water supplies. The state adopted such regulations and Congress adopted the Safe Drinking Water Act. These regulations require each owner of a public water system to have a certified cross con- nection control -program. Water systems normally operate under pres- sure so that water flows when you turn on a faucet. Sometimes con- ditions prevail within the system during which there is an actual vacuum that water can be siphoned back into the system from pump- ing. Further, there are certain apparatus that are put on water systems by the user, such as water softeners, soda pop dispensing machines, bedpan washing at hospitals, dishwathers, all kinds of things that can be potential sources of contamination of our water system if the water system drew a vacuum and sucked contaminated water or debris back into the system. As a result of this threat, the waterworks regulations require each owner of a water system, in- cluding the town, to check each of its customers to be sure that its interior plumbing conforms to sound cross connection control procedures. The Town' s initial program (about three years ago) re- quired adoption of an ordinance by Council establishing such stand- ards. Then we entered into a joint powers agreement with the County MINUTES OF JULY 8 , 1981 MEETING. to have the County plumbing departmentto do the actual inspec- 139 tions. Mayor Rollins asked what a cross connection is? Mr. Nic- colls said it is a short way of saying you have a cross connection between a potential source of contamination and the water system. The only cross connection between the Town and the County is that the County Plumbing Department does the inspection of the plumb- ing systems . Our sewer plant is a good example - we use a lot of water hosing down apparatus, etc., so we have :very elaborate and good cross connection on backflow preventors so we don 't con- taminate the system. PROPOSED ORDINANCE RECOMMENDING APPROVAL OF ZONING DISTRICT MAP AMENDMENT #ZM-34 BY ANNE B. HART. On motion of Mrs . Hill, seconded by Mr-. Bos, an ordinance was proposed to approve Zoning District Map Amendment #ZM-34 by Anne B. Hart. Mrs. Hill said the Planning Commission recommended denial because (1) the proposed change from R-2 to MC is not in accord- ance with the Comprehensive Plan; and (2) the existing dwelling is non-conforming in its location and, if the zoning were changed to MC, it would be more non-conforming. It would be the first house in that area to be non-residential . Mr . Bos asked if the town had an MC zone in 1974? Mr. Niccolls said it did not. Mrs. C Hill said the Planning Commission felt it was not in conformance Cr with the residential character of the neighborhood. Mr. Herrell said the committee felt it was not a good idea to spot-zone this property - it would set a precedent for the rest of the neighbor- Q hood. There is plenty of commercial zoning in town without do- ing this. We need a good mix of residential and commercial in the downtown area. Mr. Bos said this is not commercial - MC zon- ing is much more restrictive than R-1 or R-2 . He personally had no problem with the MC zoning. It is a miserable residence that close to Old Waterford Road. Mrs . Hill said one of the men at- tending the public hearing said his back yard was in this area also. The proposed ordinance was defeated by a roll call vote of 5 to 1 : Aye: Councilmember Bos . Nay: Councilmembers Herrell , M. Hill , Tolbert, Willis and Mayor Rollins. PROPOSED ORDINANCE AMENDING SECTION 17-56 OF THE TOWN CODE. On motion of Mr. Herrell , seconded by Mr. Bos, an ordinance was proposed to amend Section 17-56 of the Town Code by changing the license tax on coin-operated amusement machines to '$20. 00 per machine on the first 10 machines, plus 0 . 1 per cent on the gross receipts actually received from all such coin-operated machines or devices. " Mr. Taylor said the General Assembly redefined the definition of an operator and changed the set fee on a set number of machines - this Code section has been reworked by just about every General Assembly. This would be a $350 to $400 loss in revenue for the town - we do not have that many operators. Mayor Rollins asked if $20 per machine is the maximum we can impose? Mr. Taylor said it is not. Mrs . Hill said that was the recommenda- tion of Mr. Taylor - it was based on 10 machines. Council can choose any amount as long as it is not more than $200 plus 10 machines. Mayor Rollins felt this is a drastic reduction. Mrs. Hill said they also discussed the fact that these machines no longer have the stigma they used to have. After further discussion, on I/ motion of Mrs. Hill , seconded by Mr . Bos, Council voted unanimously to send this matter back to Committee: Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-86 - RESOLUTION - AUTHORIZING LEASE OF THE STEPHEN DONALDSON SILVERSMITH SHOP AT 14 WEST LOUDOUN STREET TO RETROSPECT LOUDOUN ARTISANS, INC. On motion of Mr. Herrell, seconded by Mr. Tolbert, the fol- lowing resolution was proposed: 1n O MINUTES OF JULY 8 , 1981 MEETING . Y RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall enter into a one year lease with Retrospect Loudoun Artisans, Inc. for the Stephen Donaldson Silversmith Shop at 14 West Loudoun Street, beginning August 1 , 1981 , at a monthly rental of $200. 00, subject to such terms and con- ditions as have been approved by the Finance Committee. Mr. Herrell said the committee met with the artisans to discuss the rent. This is an increase of $40. 00 ,per month, but they feel they can handle this. They have been good renters and they are an asset to the comunity, particularly for this piece of prop- erty. Mrs. Hill said they also discussed a two-year lease. The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-87 - RESOLUTION - INDICATING INTEREST IN ACQUISITION OF THE LEESBURG DOWNTOWN POSTAL SERVICE STATION. On motion of Mrs. Hill, seconded by Mr. Willis, the following . resolution was proposed: WHEREAS , the U. S . Postal Service has a building in Lees- burg, the Downtown Station, which is in excess of its needs and is preparing to offer the building for sale to inter- ested state, county or municipal agencies; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Council expresses its interest in the purchase of the building from the Postal Service and the manager shall se- cure an appraisal of the fair market value of the build- ing and land at a cost not to exceed $200. 00 Mr. Herrell could see no reason why the town would want this build- ing at fair market value. Mrs. Hill felt it better for the town to have it rather than a private citizen to lease it back to the pose office. It is one way to keep the post office in downtown Leesburg. Mayor Rollins said they have said they want to lease it back and that under no circumstances are they going to close the downtown postal service. If the successful purchaser does not want to lease it back, they will have to find other space downtown. Mr. Herrell did not see how we could justify such a purchase to the tax- payers. He asked if Council feels we should buy everything in the downtown. area when it is for sale? Mr. Bos replied Yes, if the price is right. Mayor Rollins felt it would be a nice municipal building. The County should own it since it is right in the County complex..but they are not interested in it - they are going to try to persuade the Post Office Department not to sell it. They did say they might discuss a joint ownership if we buy it. Mr. Herrell said nothing the town has bought has been profitable, so he is cer- tainly not in favor of buying anything else. He didn ' t know the town is in the real estate business. Mrs. Hill said we are not commiting ourselves to anything more than the $200. 00 at this point. She felt we should pursue the concept. Mr. Bos said we don' t know what the appraisable will be and we don ' t know what the Federal government might consider fair market value. Mr . Nic- colls said he will transmit this resolution to the Post Office De- partment if it passes. This does not obligate us in any way - all we are doing is saying we are interested. A roll call vote on this matter was 5 to 1 : Aye: Councilmembers Bos , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: Councilmember Herrell . • MINUTES OF JULY 8 , 1981. . 141 1 81-88 - RESOLUTION - REGARDING AUGUST COURT DAYS, 1981. Y On motion of Mr. Willis, seconded by Mr. Herrell, the fol- lowing resolution was proposed and unanimously adopted: WHEREAS, the Town Council has endorsed August Court Days as an annual event in Leesburg for amusement, culture and com- merce; and WHEREAS, the Loudoun Restoration and Preservation Society, Inc. proposes to conduct an August Court Days 1981 cele- bration within the town on August 14 and 16 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The closing of King Street from Loudoun to Corn- wall Streets, and the closing of Market Street from Church to Wirt Street, to motor vehicle traffic for use during Aug- ust Court Days, 1981, August 15 and 16, is approved contin- gent on the following : (a) Persons wishing to use these streets without partici- C) pating in the August Court Days 1981 celebration T shall not be obligated to make any donation for do- ing so. Q (b) The Leesburg Volunteer Fire Company and the Loudoun Q CDunty Rescue Squad shall not be charged any fee for booth space during the two-day event. (c) The Loudoun Restoration and Preservation Society is authorized to select and regulate vendors using the streets during August Court Days. SECTION II . The Loudoun Restoration and Preservation So- ciety, Inc. is authorized tc use the northwest portion of the municipal parking lot for August Court Days activities . SECTION III . The Loudoun Restoration and Preservation So- ciety, Inc. shall carry liability insurance coverage in the amount of $500 , 000 bodily injury and $100 , 000 property damage, with the Town of Leesburg being named as additional insured, for its activities during August Court Days 1981, and a certificate of insurance for this coverage shall be furnished to the town by July 30, 1981. SECTION IV. Section 17-63 of the Town Code is hereby waived for both the crafts people and food vendors in connection with the August Court Days 1981 , provided all such crafts people and food vendors have registered with the Loudoun Restoration and Preservation Society, Inc . , and the Society has furnished the town with a list of those participating in the August Court Days celebration prior to August 15, 1981. Aye: Councilmembers Bos, Herrell , M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. 81-89 - RESOLUTION - AUTHORIZING THE MANAGER TO EXECUTE HUD STAND- ARD CONTRACT FORMS REGARDING THE SOUTH HARRI- SON ST. PROJECT. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. The grant offer from the Department of Housing and Urban Development in the amount of $450, 000 in Community De- 142 MINUTES OF JULY 8 , 1981 MEETING . velopment Block Grant funds for the South Harrison St. Project (#B-81-DS-51-2220) is accepted. The manager is authorized and directed to submit future funding appli- cations in the amount of $900 , 000 during the succeeding two years for additional grants to fund this project. SECTION II . The manager is further authorized and di- rected to execute HUD form 7082 with the standard con- tract conditions as evidence of the town' s acceptance of the grant offer. Aye: Councilmembers Bos , Herrell, M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. 81-90 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON APPLICATION #ZM-33 BY WILLIAM S. AND HELEN A. -ALBERTS . 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: A Notice of Public Hearing to consider Application Number ZM-33 by William S. and Helen A. Alberts to have rezoned from R-2 to M-1, 5 . 3 acres of land located on the east side of Sycolin Road shall be published in the Loudoun Times- Mirror on August 6 , 1981 and August 13 , 1981 for public hearing on August 26 , 1981 at 7 : 30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Mrs. Hill reported that the Planning Commission voted unanimously to rezone this property, subject to receipt of the applicant ' s proffer for a portion of the property located to the southwest of Tuscarora and northeast of Sycolin Road, limiting the use of this portion of the property to B-1 and B-2 uses. The letter of proffer was read to Council . Mayor Rollins asked Mr. Givens, attorney for Mr. and Mrs. Alberts, to have a more formal proffer signed by the owners - this must be submitted before the public hearing . The resolution was unanimously adopted : Aye: Councilmembers Bos, Herrell , M. Hill , Tolbert, Willis and Mayor Rollins . Nay: None. 81-91 - RESOLUTION - AUTHORIZING PURCHASE OF AN AUTOMOBILE. On motion of Mr. Willis, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized to purchase one 1980 or 1981 used automobile from the Hertz Corporation "buy a car" division at a price not to exceed $5 , 000 . SECTION II . An appropriation is made from the General Fund to Account 1201 . 701, Automotive Equipment, in the amount of $5. 000 for the fiscal year ending June 30 , 1982 . Aye : Councilmembers Bos, Herrell , M. Hill , Tolbert, Willis and Mayor Rollins. Nay : None. 81-92 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1981. On motion of Mr. Tolbert, seconded. by Mrs. Hill , the following resolution was proposed and unanimously adopted : • MINUTES OF JULY 8 , 1981 MEETING. . 1 3 4 RESOLVED by the Council of the Town of Leesburg in Virginia Ye) ' as follows : SECTION I. Supplemental appropriations are made from the General Fund as follows for the fiscal year ending June 30, 1981 : Account No. & Name Appropriation 1011 . 230 Advertising $ 400. 00 10110. 821 Curb, gutter, sidewalk repair 5, 500 . 00 10210. 211 Electric Power 50. 00 SECTION II . A supplemental appropriation is made from the Utility Fund to Account No. 20300 . 213 Fuel for Heat in the amount of $500 . 00 for the fiscal year ending June 30, 1981. Aye : Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: Adopted. o Mayor Rollins said Council had a request from the last regular ct meeting concerning the Loudoun Baptist Temple, asking that the 7 Town Police refrain from giving tickets to their Church-owned ve- Q hicles for no town stickers during the time their lawsuit is pend- ing in the courts. Mr. Herrell reported that the Finance and Ad- ministration Committee discussed this matter and decided not to tell the Police Department to refrain from this practice but, rather, advise the Loudoun Baptist Temple to seek remedies through their legal counsel . Mayor Rollins said he discussed this with Mr. Martin and it was his opinion that the town could not direct the Police Department not to enforce the law. His suggestion was that the church discuss with its legal counsel the possibility of having the Court enjoin the town from enforcing that ordinance if it saw fit to do so during the pendency of that suit. There is a statute that per- mits that. Mr. Martin felt this is the proper way to do this . Mrs. Hill said there has been discussion this evening that a proffer should be presented before a public hearing. If this is the opinion of Mr. Martin that there should be another public hear- ing in the International Pavilion matter, Mr. Stieff has asked that Council set a date for such a hearing tonight. Mr. Martin said Mr . Sevila called him and said he feels they should go back through the entire process again. He said he would have a letter to him and one to Mr. Niccolls this evening, but he has received none. He feels this is a poorly written provision. Mayor Rollins said the statute says the proffer must be made to the governing body before the pub- lic hearing - he feels Council can have another public hearing. Mr. Bos said there is a bigger issue here that no-one has considered. There have beelenough zoning changes that there are a lot of long- term planning things to be thought about that Council has not even considered because they are still in committee.He feels there are some ramifications that deserve due consideration - he said he would not vote for it if there is not careful consideration under all those categories. Mayor Rollins shared Mr. Bos ' feeling on this - this is a very large piece of land i% is a main entrance into Leesburg. He said there has not been enough information furnished to them as to exactly how this property should be zoned. Someone needs to give this some thought, whether it is us or the applicant. Mr. Herrell felt the high-rise plan presented was a good plan - he would go along with this. Mrs . Hill said they will present other proposals at another public hearing. Mr. Bos said we are paying a consultant to rework our Comprehensive Plan - in another six months we will know more about that. He felt Council should tread carefully concerning the zoning categories . Mr. Niccolls felt the planner could sketch out what he would conceive to be a reasonably good plan for this area in a few weeks. He will have KDA discuss what their proposal is for use of the annexed area and, further, look specifically at the zoning plan the committee of Carrvale residents and the applicant came up with. At the same time, Mr. Martin and MINUTES OF JULY 8 , 1981 MEETING. 144 and Mr. Sevila agree as to the legal procedure. Mayor Rollins asked if this body will have any input in this matter? Mr. Nic- colls said the procedure would be that the Planning Commission would review the proposal and forward it to the Council with a recommendation. Mr. Herrell felt it is important that the town have small regional shopping areas, rather than one big mall. This is a good area for such a shopping area. Mr. Bos said the County thinks this is a great idea for across the street. We don ' t have to do what they want to do, but perhaps we should find out everybody' s thoughts on this. Mr. Herrell said the people think this is a good idea, as long as they don ' t put it next to them - you can ' t please everybody. Mr. Niccolls called attention to the meetings last fall with a gentleman from the University of Virginia. A lot of time was spent to arrive at certain generalized goals. Our planner at- tended these meetings and got a lot out of them, as well as re- ceiving the written materials that followed. A joint letter was addressed to the Leesburg area planning group with about six major goals chosen informally by the Council. He feels the planner has had probably more guidance and advice from the Council members than he gets from most local governments. He thinks he is aware that we don ' t want just one shopping area and that we want a mix of residential and commercial. Mayor Rollins asked if he is aware that we want to go high (six or seven floors) , rather than spread out? Mr. Niccolls was not aware of this. There was considerable discussion as to whether to set another public hearing. Mayor Rollins suggested that Mr. Niccolls contact Mr. Sevila and discuss whether to set a public hearing and whether or not they should withdraw and re-apply under the agreement reached in committee. The Planning Commission would then be directed to expedite this application with all due speed. Mrs. Hill asked Mayor Rollins why he objects to a joint hearing? Mayor Rollins said the Planning Commission members are political appointees - they are two distinct and separate bodies. They should have their own independent judgment on a rezoning application. He felt a joint hearing in- timidates them. It should be two separate and distinct stages. On motion of Mr . Willis, seconded by Mr. Tolbert, Council voted unanimously to adjourn the meeting at 9 : 15 p.m. Mayor :- Clerk of t e Council