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HomeMy Public PortalAbout1982_07_28 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON SOUTH HARRISON STREET PROJECT (SECOND YEAR) , 1 1 July 28 , 1982 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on July 28 , 1982 at 7 : 30 p.m. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Reginald K. Gheen, Marylou Hill, John W. Tolbert, Jr. , and Howard M. Willis, Jr . ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Director of Finance Donald 0. Taylor, Assistant to Manager for Community De- velopment Marc Weiss and Town Attorney George M. Martin. ' The meeting was called to order by the Mayor, with the invoca- tion by Mr. Tolbert and followed with the Salute to the Flag . On motion of Mrs. Hill, seconded by Mr. Tolbert, the minutes of the June 9, 1982 meeting were unanimously approved as written: Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay : None. PUBLIC HEARING ON SOUTH HARRISON STREET REHABILITATION AND REVITALI- m ZATION PROJECT: O Assistant to the Manager for Community Development Marc Weiss OD called attention to a proposed resolution authorizing the Town to m submit the second year application for this project. This is basi- cally a formality - the responsibility for this program has been as- Q sumed by the State of Virginia from HUD for the second and third years of the program. They are requesting that we submit an appli- cation to them. This application is being prepared in conformance with the South Harrison Street Revitalization Plan that was approved by Council in April of this year . Basically, we are continuing with the activities already approved. The major activities next year will be housing rehabilitation, townhouse site development assistance, street utility improvements, business relocation and commercial i and industrial development. We will be requesting $450, 000 for this year, which is in line with the three-year grant author- ized by HUD. There being no-one to speak either for or against this project, Mayor Sevila declared the hearing closed. 82-92 - RESOLUTION - AUTHORIZING AN APPLICATION FOR COMMUNITY DEVELOP- MENT BLOCK GRANT FUNDS . On motion of Mrs. Hill, seconded by Mr. Willis, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The mayor shall execute on behalf of the town an application for second-year funding for the South Harrison Street Community Development Project along with all required assurances. SECTION II . The manager is authorized and directed to submit an application to the Commonwealth of Virginia in the amount of $450 , 000 for the South Harrison Street Community Develop- II ment Project in -accordance with the South Harrison Street Com- munity Development Project Comprehensive Redevelopment and Re- vitalization Plan. Aye : Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay: None. MANAGER' S REPORT: (1) Mr. Niccolls said there will be a written Activity Report following this meeting . MINUTES OF JULY 28 , 1982 MEETING. 12 (2) Construction on King Street is underway and it is moving along nicely and on schedule, with a minimum amount of inconvenience so far. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Bos reported that the Economic Development Advisory Com- mittee has been meeting weekly at 7 : 00 A.M. with Marc Weiss. This training session is over and they are now drawing up a specific action agenda. They decided this morning that several members of the committee will appear before Council in September with a status report and a suggested list of action items . This committee has put in a lot of hard work and he is anxious for them to communicate this to the Council. They have been meeting once a week for about the last two months . Starting next month, it will be a once a month meeting. There was so much background to be absorbed that everyone wanted to start out on an equal footing with a broad perspective so they agreed to the early morning meetings. Mr. Tolbert said he was told this afternoon that the contracts for the hangars at the Airport are out but they haven ' t been signed yet. The lawyers and the bankers have to look them over yet. 82-93 - RESOLUTION - AUTHORIZING LEASE OF THE STEPHEN DONALDSON SILVER- SMITH SHOP AT 14 WEST LOUDOUN STREET TO RETROSPECT LOUDOUN ARTISANS , INC. On motion of Mrs. Hill, seconded by Mr . Tolbert, the following resolution was proposed: 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 , 1982, at a monthly rental of $200 . 00, subject to such terms and con- ditions as have been approved by the Finance Committee. Mrs. Hill said this is the same lease they had last year . Mr . Bos felt the town is fortunate to have this group in the cabin. He in- vited someone from the group to comment, if they would like. Mrs. Gray, President of the group, said they have been very pleased with the services of the town. The resolution was unanimously adopted: Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-0-28 - ORDINANCE - AMENDING SECTION 6-2 OF THE TOWN CODE RE VOTING PLACES . On motion of Mr. Tolbert, seconded by Mr. Willis, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I . Section 6-2 of the Town Code is amended to read as: follows : Sec. 6-2 . Voting places. The election of municipal officials and the voting place for such election in the west precinct shall be at the Lees- burg Volunteer Fire Department Building, and the election of municipal officials and the voting place for such election in the east precinct shall be at the Leesburg Elementary School . SECTION II . This ordinance shall be effective on its passage. Mr. Niccolls said the Board of Elections has made arrangements to re- locate the east precinct polling place and has advised voters in the MINUTES OF JULY 28 , 1982 MEETING. area. They determine where it will be, but State law requires 13 Council to have an ordinance on record indicating that is the place. It is a formality. Mr. Tolbert asked if it is necessary to have the address of the school? Mrs . Hill commented that it will be in the paper when the time comes for an election. Mayor Sevila felt that was sufficient. Mr . Niccolls said there may be some objections to this change and, since municipal elections are held on a differ- ent date, we could insist on keeping the Rescue Squad, but that would create a lot of confusion. Mr. Gheen said the County has added a new precinct to the Dulles District. These people will vote at the Loudoun County High School , except for town elections. The ordinance was unanimously adopted: Aye : Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. • Nay: None. 82-94 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE CONCERNING FLOOD PLAIN REGULATIONS . On motion of Mrs. Hill , seconded by Mr. Tolbert, the following resolution was proposed: 03 WHEREAS, the Federal Emergency Management Agency has provided the town with final base flood elevations; and O m WHEREAS, the town must revise its flood plain management regu- m lations by September 30, 1982 in order to remain qualified for Q participation in the National Flood Insurance Program: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Delete existing Article 7-A "F-1" Flood Zone Regu- lations to read as follows : • I I 7-A-1DISTRICT.TROVISIONS All uses, activities and development occurring within any flood plain district shall .be undertaken only upon the issuance of a zoning permit . Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances including the Virginia Uniform Statewide Building Code. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable State and Federal laws. Under no circumstances shall any use, activity and/or development ad- versely affect the capacity of the channels or floodways of any water- course, drainage ditch or any other drainage facility or system. • Approval shall be obtained from the State Water Control Board prior to • any proposed alteration or relocation of any channels, watercourse or stream within the town. Notification of any such proposal shall be given to all affected adjacent municipalities. Copies of such notifica- tion shall be forwarded to the State Water Control Board, the State Department of Governmental Affairs and the Federal Insurance Agency. 17-A-2 PERMITTED USES No development shall be permitted in the Flood Plain District except IIIwhere the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities. The placement of any mobile home within the Flood Plain District ,except in an existing mobile home • park or subdivision, is prohibited. The following uses are permitted in the F-1 Flood Plain District provided that they are not prohibited by any other _applicable ordinance and ' provided that they do not require structures; fill or storage of materials and equipment: -f r � '^ij .�T .1 , 51-. t4=il IdiZ�rl$t2 MINUTESOFJULY 28 , 1982 MEETING. 1 ^ (a) Agricultural uses such as general farming, pasturing; grazing - - - - outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. • (b) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses-, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries . and fishing areas. (c) Accessory residential uses such as gardens, play areas, and pervious loading areas. i (d) Accessory industrial and commercial uses such as pervious parking and loading areas. 7-A-3 CONDITIONAL USES WHEN AUTHORIZED AS A SPECIAL EXCEPTION BY THE BOARD OF ZONING APPEALS. The following uses are conditionally permitted in the F-1 Flood • Plain District when authorized as a special exception by the Board of Zoning Appeals provided that they are not prohibited by this or any other ordinance. (a) Structures,except for mobile homes, accessory to the uses and activities in Section (a) above. (b) Utilities and public facilities and improvements such as streets, bridges, transmission lines, pipe lines and other similar uses. (c) Temporary uses such as circuses, carnivals and similar activities. (d) Storage of materials and equipment provided that they are not • bouyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equip- ment is- firmly anchored to prevent flotation or movement , and/or can be readily- removed from the area within the time available after flood warning. • • (e) Other similar uses and activities provided they cause no in- crease in flood heights and/or velocities. All uses, activities, and structural developments shall be undertaken in strict com- pliance with the flood-proofing provisions contained in all other applicable codes and ordinances. 7-A-4 CONDITIONAL USES AND VARIANCES--ADDITIONAL FACTORS TO BE SATISFIED In passing upon applications for Conditional Uses and Variances, the • Board of Zoning Appeals shall satisfy all relevant factors and pro- cedures specified in other sections of the Zoning Ordinance and the following factors: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. No conditional use or • I variance shall be granted for any proposed use, development or activity within the Flood Plain District that will cause any • increase in flood levels during the one hundred (100 year flood. (b) The danger that materials may be swept on to other lands or down- stream to the injury of others . (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (e) The importance of the services provided to the community by the proposed facility. MINUTES OFJULY28 , 1982 MEETING. - 15 (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations for the proposed use not subject to flooding. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j) The safety of access to the property for ordinary and emergency vehicles in time of flood. (k) The expected heights, velocity, duration, rate of rise and _ sediment transport of the flood waters expected at the site. (1) Such other factors which are relevant to the purposes of this ' Ordinance. 'The Board of Zoning Appeals may refer any application and accompanying 03 documentation pertaining to any request for a conditional use or variance to any engineer or other qualified person or agency for O technical assistance in evaluating the proposed project in relation m to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Conditional uses and/or variances shall only be issued after the Board has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, (d) nuisances, (e) fraud or victimization of the public, or (f) conflict with local laws or ordinances. Conditional uses and/or variances shall only be issued after the ' Board has determined that the conditional use and/or variance will be the minimum reliefs to any hardship. The Board shall notify the applicant for a conditional use and/or variance, in writing, that the issuance of a conditional use and/or • variance to construct a structure below the one hundred (100) year flood elevation (a) increases risks to life and property, and (b) • will result in increased prenium rates for flood insurance. A record of the above notification as well as all variance actions, inzluding justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the Federal Insurance Administrator. 7-A-5 EXISTING STRUCTURES IN FLOOD PLAIN DISTRICTS A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions ,may be continued subject to the following conditions: (a) Existing structures and/or uses located in the Flood Plain District shall not be expanded or enlarged (unless the effect of the pro- posed expansion or enlargement on flood heights is fully offset by accompanying improvements) . (b) Any modification, alteration, repair, reconstruction or improve- ment of any kind to a structure and/or use located_in any flood plain district to-an extent or amount of less than fifty (50) ' .' ,percent of its market value, shall be elevated and/or flood- proofed. 'MINUTES OF JULY 28, 1982 MEETING. 1 Ia - — - - - - — - - - - (c) Any modification, alteration, repair, reconstruction or improve- ment of any kind to .a_ structure a_nd/or 'use ina flood plain district to an extent of amount of fifty (50) percent or more of its market value shall be:undertaken only in full compliance Nadi-- the itW - the provisions of the Virginia Uniform Statewide Building Code- 1 -A-6 DELINEATION OF F-1 FLOOD PLAIN DISTRICT I The provisions of this Article shall apply to land in the town shown within the F-1 Flood Plain District on the Zoning Map. The district shall include all the land area within the town which is within the 100-year flood plain for the Town Branch, Dry Mill Branch and Tuscarora Creek as identified in the Flood Insurance Study for the Town of Leesburg prepared by the U. S. Geological Survey for the Federal Emergency Management Agency, dated March 30, 1982, together with the accompanying map titled "Floodway-Floodway Boundary and Floodway Map. u •R 7-A-7 FLOOD PLAIN DISTRICT BOUNDARY CHANGES The Flood Plain District may be revised in accordance with the pro- • visions of Article 11 where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency or individual document the advisability of such change. However, -approval must' • . be obtained from the Federal Insurance Administration prior to any such change. SECTION II . An amendment of the Leesburg Zoning Ordinance • is hereby initiated to add Section -15-1-17 . 1 Development, _ Section 15-1-30 . 2 Flood, Section 15-1-30 . 3 Flood Plain, Section 15-1-48 . 2 Mobile Home Park or Subdivision (exist- ing) and Section 15-1-51 . 1 One Hundred Year Flood, to read as follows : 15-1-17.1 Development. . Any man-made change to improved or unimproved real , estate including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations. i 15-1-30.2 Flood. A general and temporary inundation of normally dry land areas. 15-1-30.3 Flood Plain. (1) A relatively flat or low land area adjoining a • river, stream or watercourse which is subject to partial or'complete inundation; (2) An area subject to the unusual and rapid accumula- tion or runoff of surface waters from any source. 15-1-48.2 Mobile Home Park or Subdivision (existing) . A parcel or contiguous parcels of land divided into two or more lots for rent or sale for which the construction of facilities for servicing the lot in which the mobile home is to be located (including, at a minimum, the installation of utilities, either final site grading or the' pouring of concrete pads, and the construction of streets) is completed before the effective date of this amendment. 15-1-51.1 One Hundred Year Flood. A flood that on the-average, is-likely to occur once every one-hundred yeais (that has a one percent chance • of occurring each year) although the flood may occur in any year. • SECTION III . A public hearing at which persons affected by the Zoning Ordinance amendment proposed above may appear and ' present their views shall be held beginning at 7 : 30 p.m. , or as soon thereafter as the matter may be reached, Wednesday,. August 25, 1982 in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia and in line with Section 15. 1-431 of the Code of Virginia. This hearing shall be a joint pub- lic hearing of both the Planning Commission and Council . The Clerk shall give notice of this hearing on August 12 , 1982 and August 19 , 1982 . Mrs. Hill explained that this is a "boiler-plate" change. The reso- lution was unanimously adopted : MINUTES OF JULY 28 , 1982 MEETING . ry Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and 1 / Mayor Sevila. Nay: None. 82-95 - RESOLUTION - INITIATING AMENDMENTS OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS CONCERNING FLOOD PLAIN UTILITY AND PUBLIC IMPROVEMENT INSTALLA- TION. On motion of Mr. Willis , seconded by Mr . Bos, the following resolution was proposed and unanimously adopted : WHEREAS , the Federal Emergency Management Agency has noti- fied the town of the final base flood elevations; and WHEREAS, the town has until September 30, 1982 to adopt flood plain management measures in order to remain qualified for participation in the National Flood Insurance Program: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : O SECTION I . An amendment of the Leesburg Subdivision and Land Cr Development Regulations is hereby initiated to add Section 13-77 . 1 as follows : CD OD Sec . 13-77 . 1. Flood Plain Utility Installations Q (a) All utilities such as gas lines, electrical, tele- phone and cable TV systems being placed in flood-prone areas should be installed to minimize the chance of impairment of both facilities and the flood zone during a flooding occur- ence. (b) All water and sewer facilities (public and private) are to be designed and constructed to prevent infiltration of flood waters and exfiltration of potable water and sewage. (c) All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall provide drainage away from buildings and on-site waste disposal sites. The town may re- quire a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. The facilities shall be designed to prevent the discharge of excees runoff onto adjacent prop- erties . (d) Streets and sidewalks should be designed to mini- mize their potential for increasing and aggravating the lev- els of flood flow. Drainage structures shall be required to sufficiently discharge flood flows without unduly in- creasing flood heights . SECTION II . An amendment of the Leesburg Subdivision and Land Development Regulations is hereby initiated to revise Section 13-82 as follows : Sec . 13-82 . Storm drainage; erosion and sedimentation con- trol; flood, zone management and control. (c) Buildings within subdivisions and developments shall not be located within flood zones except as provided for in the Zoning Regulations. SECTION III . A public hearing at which persons affected by the Subdivision and Land Development Ordinance amendments proposed above may appear and present their views shall be held beginning at 7 : 30 p.m. or as soon thereafter as the matter may be reached, Wednesday, August 25, 1982 in the Council Chambers , 10 West Loudoun Street, Leesburg, Vir- ginia and in line with Section 15 . 1-431 of the Code of Vir- . MINUTES OF JULY 28 , 1982 MEETING. 18 ginia. This hearing shall be a joint public hearing of both the Planning Commission and the Council . The Clerk shall give notice of this hearing on August 12 , 1982 and August 19 , 1982 . Aye : Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay: None. 82-96 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR MISDEMEANOR PROSECUTION. On motion of Mr . Willis, seconded by Mr. Bos , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall enter into an agreement with the Common- wealth' s Attorney for Loudoun County for misdemeanor prose- cution from July 1, 1982 to June 30, 1983 at a cost not to exceed $150 per month. Mr. Niccolls said this is an increase of $30 per month - they asked for this . Their services have been excellent. They have worked with the Judge to rearrange schedules - the Police Department says the. Court times and everything is working very well. The Common- wealth' s Attorney gives us excellent service on misdemeanor prose- cutions. This is either the first or third Monday of the month. Mayor Sevila asked if this includes misdemeanor appeals? Mr Niccolls said it does, even all the way to the Supreme Court. We pay the expenses of the one misdemeanor appeal to the Supreme Court. Mr. Sevila said these are reasonable attorney fees . The resolution was unanimously adopted : Aye : Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila: Nay: None. 82-97 - RESOLUTION - EXTENDING TIME FOR INSTALLATION OF PUBLIC IM- PROVEMENTS IN SECTION 2 OF LOUDOUN HILLS SUB- DIVISION. On motion of Mrs. Hill , seconded by Mr. Bos, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The time for completion of installation of public improve- ments in Section 2 of Loudoun Hills Subdivision is extended until August 1 , 1983 . Mr. Willis explained that this extension is requested due to the current economic condition - it is practically impossible for them to finish these improvements . They do have the streets asphalted with base coat and the curb and gutter is in. They hope to get back into construction and finish the project in 1983. The cur- rent deadline is already past and we didn ' t give him quite as much time as he asked for . TJO (Thomas Offutt) is the owner. Mayor Sevila commented that the alternative would be to call the bond. He asked if the request came before or after the expiration date? No-one knew about this . Mr. Gheen asked if there was a previous request for extension? It was thought there was not. The resolu- tion was unanimously adopted: Aye : Councilmembers Bos , Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 19 MINUTES OF JULY 28 , 1982 MEETING. 82-98 - RESOLUTION - GRANTING DEED TO COMMONWEALTH OF VIRGINIA FOR PURPOSES OF CONSTRUCTION OF PART OF ROUTE 860 BETWEEN STATE ROUTE 621 AND STATE ROUTE 617 . On motion of Mr. Willis, seconded by Mrs. Hill, the following resolution was proposed: - RESOLVED by the Council of the Town of Leesburg in Virginia . as follows : The mayor shall execute a deed made the 28th day of July, 1982 by and between the Town of Leesburg and the Common- wealth of Virginia of a strip or parcel of land over the lands of the grantor needed for the location and construc- tion or other improvement of part of Route 860 between State Route 621 and State Route 617 so as to make a total width of right-of-way of 50 feet. Mr. Gheen said this is to widen this road and everyone is very happy about that. The resolution was unanimously adopted : Aye: Councilmembers Bos , Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-99 - RESOLUTION - AUTHORIZING CLOSING OF KING AND MARKET STREETS FOR LEESBURG CONCERT ON AUGUST 22 , 1982 . ! On motion of Mr. Bos, seconded by Mrs. Hill, the following reso- lution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall close King and Market Streets to traffic ' for the Leesburg Concert on August 22 , 1982 from 6 : 30 p.M. to the conclusion of the concert. Mayor Sevila said this is another in the series for this summer - this is in addition to those already planned for . The resolution was unanimously adopted : i Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PROPOSED RESOLUTION APPROVING EXTENSION OF WATER AND SEWER FACILITIES TO SECTION H, FAIRVIEW SUBDIVISION. On motion of Mr . Willis, seconded by Mr. Bos, a resolution was proposed to construct, at town expense, water and sewer facilities to serve lots 16 through 25, Section H, Fairview Subdivision,' as well as to have plans and specifications prepared for this work and an appropriation therefor. Mr. Willis said this is a rather "unusual request and the committee has talked with Mr. Manalastas on two oc- casions. Mr. Manalastas said he would like to construct single- family dwellings in this section and is faced with the construction of these facilities . Use of a sewer drain field is no longer ap- proved in the Town of Leesburg. Mr . Willis said most developers have to assume this cost with the development of their land, but they are exploring any avenue to get their project underway. Mr. Bos was concerned that this would be setting a precedent - the com- mittee voted unfavorably unless there was some other way to de- velop this property. Mr. Willis added that neither of these ' streets go to the town limits, so streets would have to be constructed as well . One dwelling has already been constructed (water and sewer were available to that lot) . He understood there isstill some conversation between the staff and Mr. Manalastas on some better ways to do this. Mr. Gheen did not feel the town is in a position to approve this - he didn ' t feel such an expenditure could be au- thorized. Mrs . Hill agreed with this . Mr. Bos said this islan i 20 MINUTES OF JULY 28 , 1982 MEETING. old subdivision and our recent development process is for the de- veloper to install the utilities and pass this on to the buyer. This could "open up a bag of worms . " The proposed resolution was unanimously defeated : Aye: None. Nay: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Mr . Niccolls said Mr. Manalastas advised Mr. Shope that, in the event town constructirn of these facilities was denied, he would like permission to extend them at his expense. A resolu- tion has been prepared if Council would like to consider it. The Town Code provides that, before any person can extend public utilities, a permit must be approved by council . Mr. Manalastas hopes this matter might be decided tonight so he can proceed. 82-100 - RESOLUTION - APPROVING EXTENSION OF WATER AND SEWER FACILI- TIES TO SECTION H, FAIRVIEW SUBDIVISION. There being no objection to considering tonight, on motion of Mr. Willis , seconded by Mr. Bos , the following resolution was pro- posed : WHEREAS, part of Section I , and all of Sections H and G of Fairview Subdivision are not improved with roads and public utilities; and WHEREAS, Homer M. Manalastas, the owner or contract owner of Section H of Fairview Subdivision, on July 1 , 1982, proposed the town extend at its expense water and sewer facilities to serve lots 16 through 25 to permit construction of homes; and WHEREAS , Council denied that request to extend the water and sewer facilities at town cost; and WHEREAS, Homer M. Manalastas has requested that the town al- low him to proceed with the water and sewer installation to Section H of Fairview Subdivision at his cost and enter into an agreement with the town for reimbursement of cost for the extensions when parties other than lots 16 through 25 of Fairview Subdivision connect to the water and sewer extensions : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows : SECTION I . Water and sewer extension permits for facilities to serve lots 16 through 25, Fairview Subdivision are approved. SECTION II . Plans and specifications are to be reviewed and approved by the Director of Engineering and a bond satisfactory to the town attorney is to be provided guaranteeing proper in- stallation. SECTION III . The manager shall prepare a reimbursement agree- ment for future consideration by the council for connections to the extended water and sewer facilities. Mr. Niccolls said the reimbursement agreement would be one similar to the one used for the Middle School line - there will be a time limit and other terms and conditions . There should be no expenses incurred by the town other than the inspection expenses for the installation - these are nonrecoverable since tine is a subdivi- vision plat already on record. This is a unique situation. Mr. Manalastas said he proposes to build three dwellings, each on three 25-foot lots. He asked the committee to allow him to ex- tend these lines with a minimum bond requirement - this is one of the biggest costs and they would have more to lose financially if they did not complete the job to specifications . He would use his own men and equipment. Mayor Sevila felt there should be some reciprocal agreement that would bind Mr. Manalastas and his suc- cessors to the size lots we are discussing. He asked Mr. Martin if he felt such a recordable agreement could be made? Mr. Martin MINUTES OF JULY 28 , 1982 MEETING. felt something of this nature could be done - he was not sure 2 1 whether or not the deed of trust would have to be subordinated. Mayor Sevila said Council could either consider this tonight with an amendment to provide that the Town Attorney and the staff work with Mr . Manalastas to come up with a restrictive covenant that would limit the size of the lots to 75 feet or more, or consider referring it back to the Utility and Public Works Committee for further work, or reject the whole idea and leave the builder with a possibility that he can build on 25-foot lots with a 21 foot setback on either side. Mr. Gheen understood he has the right to do the latter now under the existing recorded subdivision, so you couldn ' t bargain away the rights of any, other .builderS in this subdivision. Can we legally require him to build just two houses on the six lots? Mrs. Hill said he could voluntarily proffer this. Mr. Sevila felt council has the authority to make a binding agreement out of a representation - it is Mr. Manalastas that has indicated that he will combine these into 75-foot lots . Mr. Bos asked how many of those lots have been developed on 25 feet? Mr. Manalastas said no-one has built on a 25-foot lot - the smallest is on 50 feet. He would have no objection to signing an agreement using 50-foot wide lots, though they are proposing 75-foot ones. The most logical size for him to use would be a minimum of 50 feet 00 and to an average of 75 feet. He would have left one lot on which ist he could build a large house, which would have 100 feet frontage. CD Mr. Willis moved that this matter be referred back to committee. m However, Mr . Bos asked if there isn ' t some way to get around this so [Q Mr. Manalastas can get going. Mr. Manalastas said he would get Q started as soon as he can get permission to extendthe water and sewer lines on Pershing Avenue and arrange for a suitable bond - he would not like to get caught by the winter again. Mayor Sevila said one of the alternatives he entertained was that the Town. Attorney work with the staff and Mr. Manalastas to come up with an agreement - this might be added as Section IV to the existing proposed resolution. This would provide for recordation of restrictive covenants to limit the number of lots per dwelling unit (3 to 75 ' lots) . If they are unable to agree, Mr. Manalastas would have to come back to the next council meeting. Mr. Manalastas said this would be satisfactory if he can get permission to extend the water and sewer lines. There followed further discussion concerning the west side of the street - the property owner could develop the property with 25-foot lots and he would have no restrictive covenant. Mr. Manalastas was willing to extend the water and sewer lines just to have facilities for his lots . Mr . Bos felt that should be developed with 75-foot lots as well . A suggested amendment to Section I of the resolution would read as follows : SECTION I . Water and sewer extension permits for facilities to serve lots 16 through 25 , Fairview Subdivision, are ap- proved conditioned upon a restrictive covenant satisfactory to the Town Attorney being recorded in the land records, limiting the number of dwelling units to three on a total of 10 lots not less than 75 feet wide. The makers of the resolution, Mr. Willis and Mr. Bos, were agreeable to this amendment. The amended resolution was then unanimously a- dopted and reads as follows : WHEREAS, part of Section I , and all of Sections H and G of Fairview Subdivision are not improved with roads and public utilities; and WHEREAS, Homer M. Manalastas, the owner or contract owner of Section H of Fairview Subdivision, on July 1, 1982 proposed the town extend at its expense water and sewer facilities to serve lots 16 through 25 to permit construction of homes ; and WHEREAS , Council denied that request to extend the water and sewer facilities at town cost; and WHEREAS, Homer M. Manalastas has requested that the town allow him to proceed with the water and sewer installation to Sec- tion H of Fairview Subdivision at his cost and enter into an MINUTES OF JULY 28 , 1982 MEETING. 22 agreement with the town for reimbursement of cost for the extensions when parties other than lots 16 through 25 of Fairview Subdivision connect to the water and sewer ex- tensions . NOW, THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Water and sewer extension permits for facili- ties to serve lots 16 through 25, Fairview Subdivision are approved conditioned upon a restrictive covenant satisfac- tory to the Town Attorney being recorded in the land records, limiting the number of dwelling units to three on a total of 10 lots not less than 75 feet wide. SECTION II . Plans and specifications are to be reviewed and approved by the Director of Engineering and a bond satisfac- tory to the town attorney is to be provided guaranteeing proper installation. SECTION III . The manager shall prepare a reimbursement agree- ment for future consideration by the council for connections to the extended water and sewer facilities . Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-101 - RESOLUTION - AUTHORIZING AN APPROPRIATION FOR EQUIPMENT. On motion of Mr. Willis , seconded by Mr . Bos, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager is authorized and directed to exe- I/cute a purchase agreement with S&R Chevrolet-Oldsmobile, Inc . of Leesburg, Virginia in the amount of $14 , 380 plus trade of the 1975 Chevrolet Blazer for two 1982 Chevrolet C-10 pick up trucks meeting specifications issued July 22 , 1982 . SECTION II . The manager is authorized and directed to exe- cute a purchase agreement with Poquoson Motors, Inc. of Hamp- ton, Virginia for $8 , 800 in accordance with an oral quote of July 28 , 1982 for the purchase of a 1982 Plymouth Grand Fury police car. SECTION III . The following appropriations are made from the General Fund : Account No. Appropriation 3401 . 702 $7 , 030 3101 . 701 8 , 800 5300 . 710 7 , 350 Mr. Minor said S&R was the only one to send prices out of the four bids requested. Mayor Sevila asked if Poquoson Motors is a fleet purchase? Mr . Minor explained that Chief Kidwell has dealt with this firm before - you get the vehicles for about $1, 000 less . They sup- ply many police vehicles. The resolution was unanimously adopted: Aye : Councihembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay: None. 82-102 - RESOLUTION - AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES FOR DESIGN OF WEST CATOCTIN CIRCLE AND MAKING AN APPROPRIATION. On motion of Mrs . Hill, seconded by Mr. Bos, the following reso- lution was proposed : MINUTES OF JULY 28 , 1982 MEETING. 23 RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager shall enter into a contract on behalf of the town with Bengtson, DeBell, Elkin & Titus for final de- sign and construction services for West Catoctin Circle in ac- cordance with Proposal No. 82-61 dated July 7 , 1982 . Charges for these services will not exceed $17 , 000. SECTION II . An appropriation is made from the general fund - to Account No. 4102. 702 , Catoctin Circle West Design, in the amount of $17 , 000 for the fiscal year ending June 30, 1983 . Mrs . Hill asked if this will be the second phase of this project? Mr. Niccolls said it will be. The resolution was unanimously adopted: Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-103 - RESOLUTION - AUTHORIZING CONTRACT WITH LEDERER' S SOUND SERVICE FOR COUNCIL SOUND SYSTEM AND MAKING APPROPRIATION THEREFOR. On motion of Mrs. Hill, seconded by Mr. Willis, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager shall enter into a contract with Lederer ' s Sound Service for the purchase and installation of a sound system for the Council Chambers at a cost not to exceed $6, 000 . SECTION II . An appropriation is made from the General Fund to Account No. 1101. 701 , Sound Equipment, in the amount of $2, 500 . Mrs. Hill said this was the middle bid of three and the committee felt this is good equipment. If Council should move to larger quarters, we could take this with us and spend only a small amount of money to change it over. $3 , 500 has already been appropriated in a line account for this . The committee members all agreed on this, with Mr. Tolbert agreeing by telephone. Mr. Gheen commented that the public should be able to hear when this is installed. Mr . Niccolls said the staff has decided that a better sound system will improve the acoustics and audio characteristics of this space. Each member will be provided with a voice-activated microphone so that when he is speaking, his voice will be amplified individually. These are sometimes known as "voice gate" systems . There will be a total of four presence speakers located strategically above and behind the council seating. Mayor Sevila asked if he felt this is the best bid for this equipment? Mr . Niccolls said this is so- phisticated equipment - he asked the low bidder what he would charge for this equipment and his price was over $7 , 000 - so he feels this price is competitive and satisfactory in terms of operations. He explained just how cable television could be connected with this equipment. Mayor Sevila also asked if court reporters would be able to plug into the tape deck, as opposed to setting up micro- phones all over the room. He also felt we should check with WAGE Radio - we should be concerned about all our media. Mr. Bos was also concerned about speakers and the press being understood, Mr. Niccolls had some ideas for wall and floor jacks as well, which would help such situations . The resolution was unanimously adopted: Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 24 MINUTES OF JULY 28 , 1982 MINUTES . 82-104 - RESOLUTION - MAKING APPOINTMENTS TO COMMISSIONS AND BOARDS OF THE TOWN OF LEESBURG. On motion of Mrs . Hill, seconded by Mr. Gheen, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The following are appointed to the positions indicated for the terms shown : Commission or Board Appointee Term Planning Commission Marylou Hill June 30, 1986 Airport Commission John W. Tolbert, Jr. June 30, 1986 Board of Architectural Review Charles A. Bos June 30, 1984 Northern Virginia Planning District Commission Charles A. Bos June 30, 1984 Loudoun Museum Board Marylou Hill June 30, 1986 Mayor Sevila said were some of the appointments made by council dur- ing its executive session following the last council meeting, along with the appointment of Mr . Bos as Mayor Pro-Tem. The resolution was unanimously adopted : Aye: Councilmembers Bos , Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Mayor Sevila said it was indicated that everyone serving on those committees and chairmen will remain the same. Mr. Gheen is at- tending both committee meetings by choice. Council will consider committee structure in executive session. Mr. Gheen said he is officially on the Finance and Administration Committee. 82-105 - RESOLUTION - CANCELLING AUGUST 11 , 1982 TOWN COUNCIL MEETING. On motion of Mr . Willis , seconded by Mr. Gheen, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The regular meeting of the Leesburg Town Council scheduled for August 11, 1982 is cancelled. Mayor Sevila said they were informed that the August agendas were very light and could easily be combined into one meeting. There was discussion concerning vacation schedules in staff and on coun- cil and this resolution came out of those discussions . The reso- lution was unanimously adopted : Aye: Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila . Nay: None. 82-106 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF ROGER L. AND ANNA L. CROSS, EUGENE A. AND YASUE LAHMAN, STANLEY S . AND ALICE F . FEWELL AND JOHN A. WALLACE AND MARY K. MULCAHY FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15 . 1 OF THE CODE OF VIRGINIA, AS AMENDED. On motion of Mrs . Hill, seconded by Mr . Tolbert, the following new business item was proposed and unanimously adopted : 25 MINUTES OF JULY 28 , 1982 MEETING. RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The application of Roger L. and Anna L. Cross, Eugene A. and Yasue Lahman, Stanley S . and Alice F. Fewell and John A. Wallace and Mary K. Mulcahy for revision of the Zoning District Map assigned No. ZM-41A, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15 . 1 of the 1950 Code of Virginia, as amended. Aye : Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay: None. Mrs. Hill asked that Council give permission for Foxglove (a company who sells flowers and herbs at Southern States) to hold a plant sale on the property between the log cabin and the Museum during August Court Days. They will donate 10 percent of their net proceeds to the Museum. This has been cleared with the Res- toration and Preservation Society, but needs Council approval . Mr. Niccolls said this is a commercial use of town property and there is no mechanism in the Code for him to issue a permit. Traditionally, Council has been involved in this by granting per- mits - he recommends a motion. PERMISSION FOR PLANT SALE BY FOXGLOVE DURING AUGUST COURT DAYS. On motion of Mrs. Hill , seconded by Mr. Bos , Council voted unanimously that Foxglove be permitted to hold a plant sale on town-owned property between the log cabin and the museum on Aug- ust 14 and 15 during August Court Days . They will donate 10 per- cent of their net profit toward the restoration of the museum. Mr. Gheen asked if they need a permit for this? Mr. Willis said they have a business license. Mayor Sevila asked Mr. Bos what percentage the Society gets from other concessionaires? Mr . Bos said there is no direct connection - the Society takes their net profit and does with it whatever they see fit on restoration proj- ects within the County. The vendors each pay a flat fee for booth space in the street ( $35 . 00 , he believes) to the Society. Mr. Willis felt Foxglove will do the town justice on whatever they sell. Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr . Willis, seconded by Mr. Bos, Council voted unanimously to go into executive session with the Manager, the Assistant Manager and the Town Attorney, pursuant to Section 2 . 1-344 of the 1950 Code of Virginia, as amended (a) , Exemption (6) to discuss legal matters relating to annexation and a law- suit filed by Mr. DeHart; also Exemption (1) to discuss a per- sonnel matter relating to appointment of a successor to Mr. Her- rell : Aye: Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay: None . On motion duly made and seconded, Council reconvened. There was no action taken. On motion duly made and seconded, the meeting was adjourned. %) /16/2,y- Clerk %� ��,✓ ay Clerk of t/ Council