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HomeMy Public PortalAbout1981_08_12 161 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 12 , 1981 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on August 12 , 1981 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 Charles A. Bos, Stanley D. Her- rell , Jr. , G. Dewey Hill, Jr. , Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assist- ant Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope, Director of Finance Donald O. Taylor, Assistant Manager for Community Development Marc S . Weiss and Town Attorney George M. Martin. INAUGURATION OF CABLE TELEVISION SYSTEM: Mayor Rollins introduced Mr. Grant Saunders, System Manager of Storer Cable Communications of Leesburg, who made opening re- marks concerning the construction of the system and the problems which have been resolved. This is one of the most advanced tele- communications services and systems in the country and the first of its kind in Northern Virginia. As of August 1st, the entire system has been energized. Their head-end station with three satellite dishes and studio are located behind McDonald ' s on Parker Court. He -introduced Mr . Ward Bodner, who assisted Mayor Rollins in turning on the system. Mr. Bodner then gave the Coun- cil and the audience a brief demonstration of the 20 channels now in service. The remaining 20 channels will be energized after FCC approval in four or five weeks. He exhibited the converter which the residents of Leesburg will have if they take Storer' s converter, which will have a 54 channel capability. Mr. Tolbert asked if he will be able to use his remote control with cablevision? Mr. Bodner said he can keep this remote control but he will have to keep his TV on Channel 3 all the time to re- ceive cable service unless he switches between his antenna and the cable by hooking them into an AB switch. There will be, in the future, remote control conversions of this converter. The system is fully operational and the first installations will be made to- morrow. Mayor Rollins asked what method will be used to solicit from residents? Mr . Bodner said it will be door-to-door - their sales crew is out now somewhere in town canvassing. Postcards were sent out so residents might call for appointments. Mayor Rollins asked about the fees for this service? Mr. Bodner said the fees are as follows: Basic service with the converter - $7 . 00 per month; the pay services are $8 . 50 each or two for $15. 00, three for $21 . 00 or four for $26 . 00 , with the maximum for all ser- vices $33 . 00 , one of the most reasonable rates in the country. Mr. Hill had a question concerning Mr. Weiss in the minutes of the July 8 , 1981 Council meeting - he asked if he plans to move his family here? Mr. Weiss said he does - they are in the process of selling a home in North Carolina. Mr. Bos called attention to a correction to be made on Page 139 , that being to change "MC zoning is much more restrictive than B-1 or B-2 . " The minutes of the regular meeting of July 8 , 1981 were then approved, with this correction noted. Mayor Rollins said a public hearing has been held heretofore on ZM-32 , a rezoning request by International Pavilion Company, but, under the law, there was a question as to the validity of the proffers . Council , therefore, scheduled this second hearing so that these proffers might be offered prior to that hearing. There have been several meetings between the applicant and the committee of this body with residents of Carrvale. In order that these proffers can be legally in evidence and legally bind- ing upon the applicant and their successors in title to this prop- erty in the future, it was deemed necessary to hold this second hearing. He recognized Mr. Sevila so the proffers can be sub- mitted officially. 162 MINUTES OF AUGUST 12 , 1981 MEETING. Mr . Sevila, attorney for International. Pavilion Company, presented to Council an Affidavit of Posting filed by Frederick R. Stieff, President of International Pavilion Company, a cover letter (which was read into the record) and the original copy of the proffers which are dated August 11, 1981. Attached to the proffers is a five-page exhibit. He read the letter into the record at this time. The only changes of any significance are as follows : (1) Parcel A, which was proposed to be part R-3 and part R-2 , has now been changed to the equivalent of 11 ± acres of R-2 ; (2) In Parcels B and C of the site, multi-family rental apartment buildings have been eliminated. At a meeting held on June 30 with the Council committee, the zoning committee of Carrvale and representatives of IPCO, the changes above were agreed upon, along with some additional changes which helped ZM-32 to be a more acceptable petition. Mr. Tolbert asked Mr. Sevila to explain to the public the meaning of "willing to close Harrison and Cherry Lane. " Mayor . Rollins was greatly concerned about this also. Mr. Sevila said this was a matter of great concern to the Planning Commission and the residents of Carrvale. They thought it was also an ac- curate reflection of the desires of this Council ' s committee. He thought Mr. Tolbert ' s concern is the use of the word "willing" as opposed to a more definite statement of what they will do. He did not feel the applicant can commit to any particular course of action with respect to the street configuration. Their desire would be to cul-de-sac these roads and they believe this does meet with the approval of the committee and the residents of Carrvale. Their main concern was that additional traffic would be generated through their subdivision - that proffer was to assure the members of Council and the residents of Carrvale that they had no in- tention of doing this. When the site plans are submitted for ap- proval , consistent with this proffer, it will show these roads with .cul-de-sacs. Mayor Rollins said the applicant has nothing to do with these streets and he questions whether or not this can be a part of this proffer. This is a matter for the Planning Com- mission when they consider the site plan. He cannot, at this point, say he favors closing these streets - the people close to the By-Pass might want to take their children to school on a rainey day would have to go a long way around when they ,could simply go right up a street close to the school - this is ludi- crous. He didn ' t think we should say that we are going to do this at this time. This is not a decision of the applicant. Mr. Sevila understood this and said this is an expression of good faith on their part. This is a willingness to do it. Mrs. Hill said the Planning Commission did cul-de-sac the two streets, but they had been going into Harrison Street, which came out on Ed- wards Ferry Road. They did not close them. PUBLIC HEARING ON ZM-32 - INTERNATIONAL PAVILION COMPANY : The proffers having been presented to the Council, Mayor Rol- lins convened the public hearing. Mr. Sevila brought Council current with a history of this re- zoning matter. It came before the Planning Commission in the spring - they met with the applicant and, at the conclusion of that hearing, some changes were proposed - specifically, to re- duce to 36 acres the B-2 zone, and the remaining 27 acres to R-4 . With the application in that form; the applicant appeared before this body and expressed a willingness to modify the plan in conformity to the desires of the Planning Commission. At that meeting, members of the Council and members of the public expressed their concern about various aspects of this applica- tion. It was referred to the Finance Committee for additional action. There were a total of three meetings, each one being well attended by both the applicant and members of the community of Carrvale. Primary concerns related to the generation of traf- fic and the need for another commercial center on the east end of town. Council was concerned with the size of the B-2 area and what could be placed within it. At the conclusion of those meet- ings , a hand-written set of proffers was prepared which was de- signed to meet the desires and concerns expressed by the citizens 163 MINUTES OF AUGUST 12 , 1981 MEETING. of Carrvale and, at the same time, accomplished the goals of the applicant. These proffers were reduced to writing and were signed by the President of International Pavilion Company, along with Wil- liam E. Kline, James M. Simon and William Gill . The document was signed and submitted, along with a Zoning Map delineating the area, and was submitted to the staff that night. Following that meeting, the matter came back before the Town Council and it was determined by the staff and the Town Attorney that the proffers had not been submitted to the Town Council prior to the hearing, as required by the State Code. It was , therefore, readvertised for public hear- ing tonight. Proffers have been submitted tonight prior to this hearing and take into account the June 30 proffers, except as modified to a very limited extent, taking out the multi-family rental apartment buildings from Parcels B and C. The application is still one for B-2 for 63± acres, as depicted on Exhibit 1 at- tached to the proffers . He explained briefly what the proffers do insofar as this application is concerned with respect to all three of the parcels delineated on Page 6 of Exhibit 1 . Parcel A (10. 85 acres) will result in the equivalent of an R-2 zone for this entire parcel; Parcel B (13 . 2767 acres) will result in a modified R-4 to the extent that hotels, motels and multi-family apartment buildings will not be permitted. Parcel C (27 . 51 acres) will result in virtually the same, except that bowling alleys, clubs, multi-family rental apartment buildings and lodges will not be permitted. The 10 acres on the other side of -the road remains B-2 without any conditional proffers. With reference to the streets, he understands Council has stated that the applicant is powerless as to what will be done with these streets as they cross into Carrvale. The purpose of the proffer is only to sug- gest the good faith willingness to comply with the desires of the residents in Carrvale and the desires of the members of the Council committee. They have also expressed their willingness to erect berms or other screening as authorized by the Town to separate the approximately 11 acres described in the attached exhibit. He believes this application, as modified by these proffers, meets the traffic concerns and planning concerns of the residents of Carrvale and the Town Council - they have tried to accommodate everybody concerned. He asked that Council act on this matter as soon as possible so that International Pavilion Company can pro- ceed with the development and use of its land. Mr. Bos asked that he hold up a map or sketch on the board what this all means. Mr. Sevila complied with this request. Mr. William Kline, a resident of Carrvale, said the proffers as submitted do reflect the agreement reached on June 30 with the Finance and Administration Committee - they reflect a reasonable compromise. They are a little concerned about the Mayor ' s re- marks about Cherry Lane and Harrison Street. Mayor Rollins said he is concerned about the people living in this area getting to the school. Mr. Kline said one of their concerns is that they don ' t want transients coming in and out of Carrvale - they were likewise concerned when it was proposed to make Parcels A and B a more dense area, which would increase traffic also. They don ' t want to cut anyone off and they don ' t want to create more traffic problems with a third party coming in. When the plan is submitted, then you can judge. They understand why Mr. Sevila and Mr. Stieff have worded the proffers as they are - they do not have the power to speak for the town and they took this into consideration. He thanked the Council and the Finance Committee for their help and making this available to them. He also thanked Mr. Sevila and Mr. Stieff for their cooperation. Mayor Rollins, in turn, thanked the residents of Carrvale for their cooperation - rezoning should be a coopera- tive matter and should be worked out by both parties. Mr. William Gill said his major concern at the beginning was increased traffic on Cherry Lane. He did not feel the street is constructed to tolerate heavy traffic . During the meetings, they were accused of trying to dictate what a landowner could do with his land. This was not their intention at all - they were trying to maintain some kind of continuity and a safety factor in their neighborhood. He felt this was meant the way it was originally agreed to with the capping of Harrison and Cherry Lane. Assum- 164 MINUTES OF AUGUST 12 , 1981 MEETING. ing that the town wants to extend Cherry Lane and Harrison Street, they have debated that the traffic flow should reflect the origi- nal zoning of R-1 so that the traffic would not exceed this . They are not approving opening these streets to a business district. Mrs. Hill said the Planning Commission' s intent was only that the business section be capped off . Mayor Rollins said it is his feel- ing that the residents of Harrison and Cherry Lane should be able to get to the school without having to go the long way around. He knew they did not want to connect to the commercial area and he agreed with this . Mr. Jim Quinn said he and Mr. Kline have had some disagree- ments over what they would like to see in this area and he par- ticularly disagrees on the point of the access . He felt this room is not full tonight because it was their impression that Harrison and Cherry Lane would have cul-de-sacs - there would be no further access to any of the petitioned area - not just speci- fically business, but to any of the subject area. R-2 doubles the number of potential dwelling units that can be in the B-2 zone, taking out Parcels A and B. This is more than what they anticipated in moving into an R-1 district. It would be safer to the children if there was no access from Carrvale - that they could walk across a pedestrian walkway. The safety of the child- ren should be protected. Mr. Jim Simon said their committee met with International Pa- vilion and the Town Planning Commission and he feels the compro- mise reached is the fairest one. He was somewhat concerned that there is a question as to access - if the residents had known this, the room would be filled. He hoped they would be invited when this matter is to be considered. He felt the petition should be approved with the proffers. Mr. Jeff Shaffer commented on an article in the newspaper this evening concerning the extension of Catoctin Circle, wherein a councilmember said "We need more $80 , 000 to $85, 000 price range homes in Leesburg. " Most of the homes in Carrvale are either in or will be in this price range in a few years. Allowing a busi- ness district right beside it and allowing access to flow through it will not increase the prices of these homes . He felt it should be kept as residential as possible - not integrate business with it. He did not know of one street that flows from residential to busi- ness in Leesburg. He did not know of anyone now who drives their children to school - they walk, with the exception of kindergarten children who walk one way or the other, with a bus transporting them one way. He said his children can play in the street now since there is so little traffic . Mayor Rollins advised that these are not private streets. Mayor Rollins declared the public hearing closed. He asked that the Finance and Administration Committee draw up the proper ordinance. He understood that, under State law, the Council has the authority to; rezone property to a lesser zone than what the applicant applies for, but there is a Town ordinance that says we cannot zone anything different than what the applicant applies for. Apparently we are in conflict with the State law, so we should take a look at this and either repeal it or adopt some provision to allow us to do this . Mrs . Hill said this has been discussed and the Town Attorney said perhaps we could do this since it is State law. Mr. Niccolls said Mr. Forbes has been asked to draft legislation that will repeal this provision. After his vacation, he will pre- pare this and it will be presented to the committee on September 15 for repeal. There was some discussion concerning the televising of Council meetings - it will have to be determined whether Council wants all or a part of their meetings televised. The question of lights will be determined at that time. MANAGER' S REPORT: (1) Mr. Niccolls introduced Mr. Marc Weiss, Assistant Manager for Community Development. He comes from Wilson, North Carolina where he held a position involving community development adminis- tration in the area. The work he has begun specifically relates MINUTES OF AUGUST 12 , 1981 MEETING. 165 to the South Harrison Street project. He will be moving to Lees- burg or the immediate area as soon as possible. He will attend one of the meetings next week to discuss some of the work. (2) A monthly report was submitted to him by Randy Shoemaker concerning the Water Pollution Control Facilities and copies have been forwarded to Council . He asked if councilmembers wish to re- ceive this report on a regular basis - he will advise when there is a deficiency in the permit requirements . Most members were inter- ested in receiving this report. (3) The storm drainage inlet work on West Loudoun Street has been completed today. (4) He was in touch with the State Water Control Board office today concerning our STEP I plan. Mr. Stuart Wilson, engineer in the Northern Virginia office, has advised that EPA' s primary con- cern now is only the redundancy requirements, or those imposed by the State that every unit in the plant be essentially double the size really required so that, in the event of a break-down, we can by-pass to the extra unit. EPA said we are building a 5 mgd plant, which we have known all along - in fact, we looked forward to the State reducing these requirements so that we could use that ca- pacity for daily flows. EPA doesn ' t want this and has asked the State to reduce these requirements, which add to the cost of the project. The State has said it will reduce these requirements - so it appears that EPA, the State and the Town now have reached agreement on the Facility Plan. This should lower the cost of the project considerably. At the request of EPA and the State, he has asked Mr. Neeson to proceed with the cost estimates before the public hearing scheduled for August 26th. Council will at that time have reduced cost estimates and user charges. It appears that the project can now move into STEP II after the public hearing, which means the design of the facility. He feels that the 2 . 5 mgd is bound to last a long, long time. This is an important positive step. (5) He met tonight with some residents of Brandon who are es- pecially concerned about construction of the storm drainage improve- ments on Tuscarora Creek. Over two years ago, Council authorized a developer to basically improve a short section of the Tuscarora Creek by removing a dogleg in the creek. It meant, and was known at that time, that destruction of numerous trees along the east and west banks of the creek would occur. They met with property owners at the scene this evening and agreed to contact the contractor to stop the work temporarily, pending a review of what trees could be saved. This is a serious problem - the Community Association granted an easement to the developer and negotiated for some cash or in kind landscaping. We will be working with the contractor and the homeowners to try to save some trees if possible. There is also a question as to whether or not the developer should have received a permit for dredging from the Corps of Engineers. We understand the Corps does not wish to intervene in dredging of such minor streams or changing the channelization or other work on such streams. The Corps claims to have authority over all inland waterways up to basically ankle deep, maybe even less. This is a hot issue and one that is hard to resolve satisfactorily to the property owners , even though we thought they had already agreed to the project before. (6) The Lamplighter is in the mail . (7) A written Activity Report has been distributed. Mayor Rollins felt we owe Congressman Wolf a debt of grati- tude on the sewer situation. He serves on the committee that handles sewer grants and he was of immeasurable help to us. We should contact the Water Control Board - if this funding is under $4 , 000 , 000 , we can combine STEPS III and IV and get the funding im- mediately. Mr . Niccolls said the cost estimates were fourth quar- ter 1979 numbers and the standards have changed. We will do this. 166 MINUTES OF AUGUST 12 , 1981 MEETING. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Bos congratulated the staff on the Loudoun Street improve- ments - it looks very nice. He also requested a copy of the Vir- ginia Legislative Bill on Auto Emissions passed at last session. He has petitioned NVPDC to do a study of this - he thinks it is un- needed legislation. He asked the status of easements and rights- of-way in Brandon for cablevision? Mr . Minor said they are work- ing with Mr. Echols on this. He understands from one of the Ad- visory Commission members that there is some question about the Loudoun Hills townhouses, but this has not been investigated yet. Mrs. Hill asked that the Activity Reports show where permits have been issued under Planning and Zoning. The Planning Commis- sion has been requested to approve preliminary plats for Bowood Subdivision (at the West "Y" ) for 16 or 17 houses and for 7 houses on Edwards Ferry Road. There has been quite a bit of opposition to these two proposed subdivisions. The Edwards Ferry Road request came in at the last meeting and has been referred to a committee. On Bowood, they are waiting for comments from the Highway Depart- ment with regard to the exiting of these houses on Loudoun Street. Mr . Willis commented that the town looks very nice in prepa- ration for August Court Days. MAYOR'S REPORT: Mayor Rollins asked where on West Loudoun Street the infil- tration was 70 , 000 gallons per day? Mr. ' Shope said it was be- tween Liberty Street and the Fire House - it hasn' t been deter- mined yet exactly where. There are two service connections in- volved - it is either a spring, a malfunctioning toilet or a house that is not metered. Penetryn will come in and do an extensive analysis next Sunday. Mr. Willis said the pipe was ruptured some- where. Mr. Shope said this is a total of about $750 , 000 in avail- ability fees for sewer. EXECUTIVE SESSION: On motion of Mr. Herrell , seconded by Mr. Tolbert, Council voted unanimously to go into executive session to discuss certain legal matters : Aye: Councilmembers Bos, Herrell , D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. On motion of Mr. Tolbert, seconded by Mr. Willis, Council voted unanimously to return to regular session: Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. Mayor Rollins declared a five-minute recess, after which Coun- cil reconvened to consider agenda items. 81-0-21 - ORDINANCE - AMENDING SECTION 10-46 AND REPEALING SECTION 10-47 OF THE TOWN CODE. On motion of Mrs. Hill , seconded by Mr. Tolbert, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 10-46 of the Town Code is amended to read as follows : Sec. 10-46 . Display of decal required for operation of motor vehicle. (a) No person, whether or not the owner of title to any motor vehicle upon which the license fee provided for MINUTES OF AUGUST 12 , 1981 MEETING. by this Article is imposed, shall operate such motor ve- 167 hicle on or over the streets of the town unless a license decal issued for the current license period is displayed on such motor vehicle. License decals shall be attached to the front windshield, adjacent to the inspection sticker, and no higher than three inches from the bottom. (b) Any person who operates a motor vehicle, required to display a license decal under this Article, on or over the streets of the town when such vehicle does not display a license decal for the current license period shall be guilty of a traffic infraction, punishable by a fine of not more than $20 . 00 . SECTION II . Sec . 10-47 of the Town Code is repealed. SECTION III . This ordinance shall be in effect upon its passage. Mayor Rollins asked if $20 . 00 is the maximum fine for this? Mr . Niccolls said the Court has upheld actions brought in the past, so apparently we are just bringing our ordinance into compliance with the State law. The ordinance was unanimously adopted : O Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. 7 Nay: None. CX 81-103 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH ALFRED A. PERRY AND HARRY C. PERRY AND ASSOCIATES CONCERNING CONSTRUCTION OF CATOCTIN CIRCLE NORTHWEST AND A MUNICIPAL PARK. On motion of Mr . Bos, seconded by Mr. Willis, the following resolution was proposed: WHEREAS, Alfred A. Perry and Harry C. Perry and Associates submitted a concept development plan to the town encompass- ing development of a fifty acre parcel of land currently under option/contract by United States Land Corporation and H. C. Perry Company of Santa Cruz , California, from the National Children ' s Rehabilitation Center; and WHEREAS, that concept development of the property provides for cluster type residential developments under the town ' s existing R-1 zoning category together with recreational amenities and public improvements; and WHEREAS , development of the property will require the co- operation of the town in several regards, including acqui- sition of additional land and easements by the town for street improvements, parks and other public amenities consistent with the thoroughfare plan of the town, the exchange of cer- tain portions of real estate to be owned by the Perrys and to be acquired by the town, the timing and phasing of both im- provements by the town and Perry, all to provide for co- hesive and logical development of the property and related matters; and WHEREAS, the Perrys have proposed an agreement with the town under which the town would develop Catoctin Circle Northwest between Dry Mill Road and the existing terminus of Catoctin Circle near the Charles Monroe Vocational Technical Center as well as a community park with the financial assistance of the Perrys; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The public convenience and necessity require the construction of Catoctin Circle between Dry Mill Road and the south terminus of Catoctin Circle near the Charles Monroe Vocational Technical Center in accord with the thoroughfare plan for the town. 16 8 MINUTES OF AUGUST 12 , 1981 MEETING . U u SECTION II . The manager shall enter into an agreement with Alfred A. Perry and Harry C. Perry and Associates providing for the acquisition of certain land and easements for street improvements, parks and other public amenities and calling for the payment of $100 , 000 by the Perrys in consideration of the town performing certain obligations, said agreement in the form of approval by the Public Works and Finance and Administration Committees of this Council on August 3 and 4 . 1981. SECTION III . The manager shall by September 9, 1981 make recommendations to this Council pertaining to the financing and completion of the town ' s obligations under the agreement authorized herein. Mrs. Hill asked if the town ' s attorney has checked this thoroughly? Mr. Niccolls said he had a couple of corrections and they have been made. Mr. Bos referred to a paragraph in the agreement which says, in effect, that if the Perrys fail to pursue the proposed subdivi- sion, the monies forwarded to the town will be returned to the Perrys without interest - does this mean we are obligated to build the road anyway without any funds from Perry? Mr. Niccolls ex- plained that if they drop out of the picture, but the town, after spending some of Perry ' s money, decides not to pursue the project at this time but, at a later date (perhaps 3 years) the town picks up the plans and completes the road, it owes Perry $10 , 000 for using the plans he paid for - this is only fair . Mayor Rollins asked when the $100, 000 is put up? Mr. Niccolls explained that this is done at the time he receives final plat approval on the first section of the subdivision. He may, however, and probably will advance to the town funds to finance preliminary engineering work so that the road design can be accelerated. It is in his in- terest to encourage the town to proceed with this work by financ- ing it and we intend to call upon him in that way. If we don' t proceed, then we owe him the money. This is a credit against the $100, 000 . Mr . Hill said he has severe feelings about this - he agrees that the rest of Catoctin Circle should be built, but is not sure this is the way to go about it. Can we afford it? Will our pres- ent Subdivision Ordinance allow it? It has been his experience that practically all roads have been built in new subdivisions and we have really never questioned it . He feels this is setting a prece- dent. Also, do we h ve an R-1 cluster zoning set up at this time? Mr. Niccolls answer2No at this time - the Zoning Ordinance needs to be amended to provide for the cluster development arrangement that is permitted in the Subdivision Ordinance. The technical amend- ments for this have already been sent to the Planning Commission by this Council. Mr. Hill asked if the Planning Commission has reviewed and approved this agreement? Mr. Niccolls said they have not. Mr. Hill said the statements concerning this in the agreement are incorrect since the Planning Commission has not seen it and there is no R-1 Cluster zone yet. So this is a little premature. Mr. Hill asked if the 2 . 4 acres to be conveyed to Perry is a part of the 9 acres we are buying from Curry? Mr. Niccolls said Yes, this is in exchange for additional land he is exchanging back to us. Mr. Hill understood about the park - he assumed construction of this would be the town ' s to its full extent. Mr. Niccolls said Yes, the town would be obligated to construct the public park. Mr. Hill looks upon this $100 , 000 as an option and, usually on this kind of deal, if a person reneges on it, he loses his option. Mr. Niccolls recalled that Mr. Hill ' s first question was does the Subdivision Ordinance permit this agreement? In his view, it cer- tainly does because, the way the land is situated in relation to Catoctin Circle, Mr. Perry would be responsible only for a very short section of Catoctin Circle Extended across the northern sec- tion (by the Vocational Technical School) where it leaves his prop- erty and goes into the Curry property. If Mr. Perry developed his land (the Children ' s Center 40 acres) , all he would have to do would be to build a short section of Catoctin Circle to the diZerega land. If Catoctin Circle ran through the Children' s Center land, he would most assuredly be required by our Subdivision Ordinance MINUTES OF AUGUST 12 , 1981 MEETING. 169 to improve Catoctin Circle through this . Catoctin Circle does not go through the land he wants to develop - hence, the need for some cooperative arrangement. Mr. Hill was concerned as to how Catoctin Circle can be ex- tended from Dry Mill Road - there has always been one house in the way of this. Mr. Niccolls said the official plan approved by the Council years ago called for a 70-foot right-of-way. When you take the concept that it might not have to be 70 feet, this problem evaporates. There might be a slight involvement of their garage, but the road can be squeezed in between the School Board property and the residential property. Mr. Hill said he has not seen the plat and many other things concerning this project (he was away for a month) . He suggested that perhaps we could re- quire the developer to build primary roads that extend through subdivisions, or one developer build it all and be reimbursed by other developers from his property on, just as we require on storm sewers, oversized water and sewer lines, etc . ? We don' t have State funds to build roads - the only thing we get is mainte- nance money after the road is built. Unless we get the coopera- tion of the developer, we are in a sad state of affairs. Mr. Niccolls said we are authorized by State law to charge off-site fees for sewer and storm sewer, but the General Assembly has not CD authorized reimbursement by future developers in the case of roads Ct or water mains. Mr. Hill said the only money we have for such things as this is to set aside money over a period of years and finally have enough to build such roads. This is a tremendous Q project. Mayor Rollins said the question of financing is through Q a bond issue - this is the only way it can be done. Mr. Herrell felt there will be a tremendous amount of revenues generated from this project. Mr. Niccolls said the difference between developing it conventionally and this way is something like $350 , 000 additional water and sewer fees. Mr. Bos was troubled by the fact that there was a lot of hard negotiation between Perry and the staff in terms of arriving at the $100 , 000 figure. He did not know whether this 20 percent is a reasonable figure. Mr. Perry said they offered a little over $70 , 000, but the Mayor negotiated him up to $100 , 000. Mrs. Hill said, if we don ' t do this, two or three years from now we ' ll probably be sitting with wanting to develop Catoctin Circle and not have the sewer fees and all the taps. This is a way to get it going. Mr . Hill said we are looking for some commercial and industrial growth, not just residential growth. The market for single-family homes is dying a slow death. Mr. Bos said this would develop some property that possibly could never be de- veloped at all . He felt it is good planning in a number of as- pects . Mrs. Hill said it is consistent with the 1974 Comprehen- sive Plan. The resolution was adopted by a roll call vote of 6 to 1 : Aye : Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis and Mayor Rollins. Nay: Councilmember D. Hill . 81-104 - RESOLUTION - AUTHORIZING OPTION AGREEMENT. On motion of Mr. Willis , seconded by Mr. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The Mayor shall execute, on behalf of the town, an option agreement with Arl Curry and Katherine R. Curry for ap- proximately 8 . 8 acres of land bounded on the south by the former Washington and Old Dominion Railroad right- of-way, on the west by the lands of the National Child- ren ' s Rehabilitation Center, on the north by land of heirs of Lucy diZerega and on the east by the lands of Arl Curry and Katherine R. Curry, and more particularly that portion of the above described land lying west of the proposed east right-of-way line of the proposed ex- tension of Catoctin Circle between Dry Mill Road and Market Street. MINUTES OF AUGUST 12, 1981 MEETING . 170 Mayor Rollins felt agreements such as this should be recorded. Mr. Hill said he was going to vote for this because he hoped if the other one failed, we could amend our Subdivision and Zoning Ordinances to make his package more appetizing. He thought it was too one-sided. He also felt our ordinances need to be put in better order. The resolution was unani- mously adopted: Aye: Councilmembers Bos, Herrell , D. Hill , M. Hill , Tolbert, Willis and Mayor Rollins. Nay: None. 81-105 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR MISDEMEANOR PROSECUTION. On motion of Mr. Tolbert, 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 : The manager is authorized and directed to enter into an agreement with the County of Loudoun for misdemeanor prosecution from July 1 , 1981 to June 30, 1982 at a cost not to exceed $120 per month. Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-106 - RESOLUTION - ACCEPTING DEED OF EASEMENTS FROM MADISON HOUSE ASSOCIATES . On motion of Mr. Bos, seconded by Mrs. Hill, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The Deed of Easements made the day of 1981 by and between Madison House Associates and the Town of Leesburg for the following easements is hereby accepted and the Mayor is hereby authorized to acknowledge the same on behalf of the Town: (1) A permanent easement and right-of-way for the purpose of constructing, replacing, operating, maintaining, adding to or altering present or future storm sewer lines or other drainage structures, plus necessary inlet structures and appurtenances for the collection of storm water and its transmission through and across the property of Madison House Associates . (2) A permanent easement and right-of-way for the purposes of installing, replacing, constructing, operating, maintaining, adding to or altering present or future watermains, including fire hydrants, valves, meters, building service and distribution of water, through, upon and across the property of Madison House Associates . (3) A temporary turn-around easement extending from Monroe Street. Aye : Councilmembers Bos , Herrell, D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. 81-107 - RESOLUTION - AUTHORIZING STREET CLOSING PERMIT. On motion of Mrs . Hill seconded by Mr. Bos, the following resolution was proposed: MINUTES OF AUGUST 12 , 1981 MEETING. 171 RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows : The manager is authorized to issue a street closing permit for a demonstration pertaining to preservation of Balls Bluff National Cemetery at 10 : 00 p.m. , October 17 and con- tinuing through 3 : 00 p.m. , October 18 , 1981 . Mr. Bos said he asked Mr. Hugh Harmon to come tonight to address the entire Council - this is an unusual request. Mr. Harmon, resident of Leesburg, felt the preservation of Balls Bluff Ceme- tery should be of great concern to the community in general. He felt that, if this property is developed wisely, it would con- stitute a resource base far in excess of its present zoning. There are no federal funds available to maintain civil war bat- tlefields. He had prepared 5,000 copies of a flier concerning the Battle of Balls Bluff, in the hope of having interested people from other areas join him here in Leesburg to stage a demonstration in support of obtaining funds to develop Balls Bluff Cemetery as a local battlefield like Manassas and Gettysburg. Mrs. Hill said this is the smallest National cemetery in the United States and, if it is developed, it can be a tourist attraction. Mr. Harmon N said it is the only National cemetery that cannot and does not fly O a United States Flag over it because of vandalism. It is his in- . tent to stand, along with others interested in this project, at least on the sidewalks on King Street between 10 : 00 p.m. on Oc- tober 17 and 3 : 00 P.M. on October 18 . He is interested in noto- Q riety - this is the only way he can get the message to the con- A gressmen in Washington that will be the source of the funding for this project. Mayor Rollins felt this is just as historic as August Court Days. Mr. Herrell felt we should not close it for just one person but, if 10 , 000 people show up, then we should be able to close the streets. Mr. Bos felt we should know how to treat such situations for the future. Mr. Herrell, however, felt such requests would have to be considered on an individual basis. He thought making this a National park would be an as- set. He did not feel this is a political issue. Mr. Bos felt that it is because he is trying to influence to effect legisla- tion or purchasing or whatever. Mr. Harmon felt the number of people here could be anywhere from 200 to 1, 000 . Mrs. Hill said it will be a very colorful demonstration. He suggested that he could take a stand on the court house corner and perhaps change over to the other corner - then if others come during the daylight hours, they can use some common sense. He asked for permis- sion to let them fall in and march out of town. Mr. Niccolls said this is a parade permit and he is authorized to handle this. It would not have to even come before Council. It was felt it would be better to authorize the manager to close the street if this becomes necessary. If there were too many people, the Po- lice Department could close traffic for safety purposes on a temporary emergency_ basis . Mr. Harmon made it clear that it would be only him that would be crossing from corner to corner - he wants the others in the town ' s shops spending money. Mrs. Hill felt this resolution is a safeguard. Mayor Rollins said this gives the town manager discretion. The resolution was unanimously adopted : Aye: Councilmembers Bos , Herrell , D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay : None. 81-108 - RESOLUTION - AUTHORIZING PURCHASE OF A ONE-TON DUMP TRUCK FOR THE UTILITY LINES DIVISION. 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 in Virginia as follows : SECTION I . The Manager is authorized and directed to pur- chase a 1982 Chevrolet 1-Ton Dump Truck equipped in ac- cordance with the specifications issued by the Director of Public Works at a cost not to exceed $11 , 290 . 00. MINUTES OF AUGUST 12 , 1981 MEETING. 172 SECTION II . An appropriation is made from the Utility Fund to Account No. 5100 . 705 - Automotive Equipment in the amount of $11, 290. 00 for the fiscal year ending • June 30, 1982 . Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-109 - RESOLUTION - MAKING AN APPROPRIATION FOR 'THE FISCAL YEAR ENDING JUNE 30 , 1982 . On motion of Mr. Bos, seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : An appropriation is made from the General Fund to Account No. 4102 . 704 , Rt. 7 East, in the amount of $699 . 00 for the fiscal year ending June 30 , 1982 . Mr. Niccolls explained that this is to pay the Highway Department for our share of additional work between Catoctin Circle and the east corporate limits. The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. 81-110 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1982 . Mr. Niccolls explained that Marc Weiss has begun work in the community development project area and he needs surveys of lands ' that we will ultimately end up buying. We are proposing a $5, 000 appropriation so he can get, going. These are grant funds. Under federal and state regulations, the town is obligated to pay all closing costs of surveys and deed preparation when it acquires land using federal money. Mayor Rollins said you don' t get much surveying for $5, 000 . On motion of Mr. Herrell, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : An appropriation is made to Account No. 9150 . 316, Surveys, in the amount of $5, 000 for the fiscal year ending June 30, 1982 . Aye: Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins. Nay: None. Mrs. Hill said there is a dip in the road on South Morven Park Road where the road has been repaired after the placement of cable . Mayor Rollins said he had a very vehement comment from one of our citizens concerning the Fairview storm drainage system. On motion of Mr. Tolbert, seconded by Mrs. Hill, the meeting was adjourned at 10 : 45 p.m. • Mayor , /1� Z / Clerk of) he Council