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HomeMy Public PortalAbout1982_10_13 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC 6:1Y HEARING ON #ZM-41A, JOHN WALLACE, ET AL, OCTOBER 13 , 1982 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on October 13, 1982 at 7 : 30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invocation, and Mr. Cof- fey leading the Salute to the Flag. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey, Jr. , Regi- nald K. Gheen, John W. Tolbert, ,.Jr.-and -Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Assistant to the Manager for Community Development Marc S. Weiss, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent from the meeting was Councilmember Marylou Hill. The minutes of the regular meeting of September 8 , 1982 were approved by a vote of 5 to 1 abstention, Mr. Coffey abstaining since he was not a member of Council at that time. The minutes of the regular meeting of September 22 , 1982 were unanimously approved. PUBLIC HEARING ON #ZM-41A - JOHN WALLACE, ET AL. Mr. Niccolls called attention to the memorandum from Mr. Forbes concerning this matter. PROPONENTS : Mr . John A. Wallace, who lives about 10 miles south of Leesburg 1 in Loudoun County, said he is a businessman in Leesburg and is co- owner of the Leesburg Shopping Center. He said he represents him- self and his partner concerning two of the lots in question here. He also represents the other three property owners; Crossr• Fewell and Lahman. He identified the property in question on the zoning map of the Town of Leesburg. There are five lots on the south side of Edwards Ferry Road and they are completely surrounded by lands zoned B-2 . There are three property owners adjacent to these lots - Shor to the west and south, International Pavilion on the parcel along Route 15 and on their east side. The north side is Edwards Ferry Road and across it are other lands of International Pavilion, which are now zoned B-2 . They feel this is an opportunity for the town to eliminate itself from a "spot zoning" situation - it would be called this if it were B-2 now and you were requesting residen- tial zoning. All five lot owners are anxious and willing to have their property rezoned - there could be a time when you would not have willing parties there. He submits that the prudent time is "now" , while you have unanimity among all the owners and no dam- age could be done to anyone. He asked for time to rebut if there is opposition to this. Mayor Sevila said he will allow this if there is time. Mr. Bos asked if either he or the property owners there have any immediate use plans? Mr. Wallace said they have to have the property rezoned first, but he has no plans for developing it. He did have plans to build a house at one time, but the County Health Department turned it down for a septic field. The cost for sewer for a single-family house is just too high. There are two vacant lots now - the other three each have a brick house on them. OPPONENTS : Mrs. Carole Hanrahan said she is a member of the Board of Di- rectors of the Heritage Square Association. They are a community within a community - their membership is growing and the area is getting larger continually. They are trying to make their commu- nity a safe and desirable place. to live. She expressed great con- cern regarding any commercial usage of the property in question. They have a grade school in east Leesburg, so there are a lot of small children walking down Edwards Ferry Road on their way to school . There would be a heavy traffic pattern with commercial use. This area is strictly residential at this point and they would like to keep it that way. MINUTES OF OCTOBER 13 , 1982 MEETING. 65 Mr . Terry Young, also a member of the Board of Directors of the Heritage Square Association, said he participated in the hear- ings concerning Carrvale last year and felt a lot of things said at that hearing could be repeated here. He has two children (9 and 4) and he is concerned that this rezoning might lead to a lot of undesirable commercial uses in this area. He has no doubts about Mr. Wallace and his partner, but economies and circumstances change and he doesn ' t know what might be developed. there. His point is that they are concerned that undesirable commercial de- velopment would lead to a lot of traffic situations. The area itself is already very dense in population - Heritage Square, Carrvale, Leesburg Village. Commercial development will bring ' i I/ even more traffic and "certain undesirable elements. " They don ' t know what to expect. They would like the best things they can have for their children and for themselves . Mr. Stephen Robin, attorney representing the Heritage Square Association, said he has already been before the Planning Commis- sion in opposition to this rezoning. Basically, they are in oppo- sition because they don ' t quite know what will go in there. They are very aware of the wide range of uses that can take place in a B-2 zone. The Town ' s Comprehensive Plan, which was adopted in 1974 before International Pavilion was rezoned, spoke to this area in terms of a residential community with single-family dwellings - Mr. Forbes makes a general reference to that in his report. He will submit, for the record, amore detailed statement concerning the role of the Comprehensive Plan. It took a look at Edwards Ferry Road and said this is a residential area - let ' s basically keep it that way. In fact, the continuation of that residential was expressly indicated to be single-family development. In the face of that, International Pavilion, with property on both the north and the south sides of Edwards Ferry Road, was in fact re- zoned to B-2 . While they generally got B-2 , at that point where they butted up against a residential community (namely; Carrvale) , International Pavilion proffered that they would not put any com- ' mercial uses on a piece of about 23 acres on the east side of Carrvale and on the north side of Edwards Ferry Road - (he pointed this out on the zoning map) . The same should apply to this situ- ation. You are talking about five lots, which could have con- siderable impact on the residential community to the west of it (namely, Heritage Square and Carrvale) . Certain uses could be very incompatible with the residential community. Edwards Ferry Road is residential from the Catoctin Sport Shop all the way out. The nearest commercial is the Leesburg Plaza Shopping Center . It is recognized that a certain precedent has been set here, but it is dramatic on the zoning map to see the R-1 surrounded by all this B-2 . When you go from residential to commercial, you should go by a transitional area. The following are uses that should not be- built in this area : A garage, filling station, automotive shop, laundry, dry cleaning plant, warehouse, feed store, food store, drug store, restaurant, theater, bowling alley, lodge, so- cial or recreational buildings , hotel, motel or tourist home - any of these are permitted uses in a B-2 zone. Any one of these is very likely to be incompatible with a residential community. Mr. Wallace has very frankly stated that they have five lots there which total about 21 acres - they could put in a commercial instal- lation of some kind that could create traffic problems on Edwards Ferry Road. He has stated that two of the lots won ' t perk. The others have homes on their property, with an appraised value of about $65, 000 each. This value won ' t come down unless there is a pretty intensive use of that land, so it ' s a pretty safe bet that it will be a pretty intensive use to justify the utilization of three existing houses and bringing over of the sewer line, which does not flow by gravity in that area. This means it will have to be pumped up and this will mean substantial additional cost - this will have to be recouped by intensive development. They have hoped that Mr. Wallace could proffer out some of these uses. Whichever way it is done, they feel it would be improper for Council to allow those uses next to residential . 66 'i MINUTES OF OCTOBER 13 , 1982 MEETING. Mr. Bos asked if anyone knows what Mr. Shor plans to do with his remaining B-2 property? Mr . Niccolls said he thinks he is un- certain. Mr. Robin said there are about 500 people in Heritage Square now and it is not fully built. There are another 500 in Carrvale, so in those two communities alone, you are looking at 10 percent of the population of Leesburg - not to mention Lees- burg Village and. Loudoun House. Mayor Sevila asked Mr. Robin if he has taken the uses in both the B-1 and B-2 permitted uses into consideration in the list he read as not being compatible? Are there any uses he left in? Mr. Robin said he pointed out the ones that are most incompatible. There are a host of commercial uses that he has not touched on. He did not feel a bowling alley would be a compatible use. Mr. David Stone, a resident of Carrvale, agreed with the argu- ments already presented. He has three young sons, who ride their bicycles in Carrvale and occasionally along Edwards Ferry Road, so he is concerned about them and the other children who cross that street on their way to school . He is also concerned about the lack of any kind of coherent plan for development of the property. Cer- tainly some of the potential uses allowed in a B-2 zone are incom- patible with the residential zone. There are a substantial number of families with young children in this area. Had there been some coherent plan presented so they could assess the impact on the resi- dential area, there might have been some basis for further discus- sion. In the absence of any kind of vision as to what the property might be, it seems unreasonable to rezone the property. Mrs . Hanrahan respectfully requested that, in deciding this is- sue , Council use its authority wisely. Mr. Wallace, in rebuttal , said everyone seems to be concerned as to how they are going to use these five lots, but no-one is con- cerned about the use of the land already zoned B-2 all the way a- round them. Mr. Shor has land on the east side of Heritage Way be- hind them and beside them that is zoned the same - he can use it any way he wants - no-one is concerned about it. International Pa- vilion property is zoned the same .way and they can use it the same way. When these zoning categories were first established, it was understood by everyone that you don ' t use land in a stupid manner. It would be economic suicide to put in some of these uses - a bowl- ing alley would be certainly way out of place. A motel and most of the other uses Mr. Robin named would be out of place. Their use of this land will fall within that which makes economic sense. He sub- mitted that it would not be fair, equitable or prudent for the pe- titioners to place themselves in a weaker position with respect to their use rights than those of their contiguous neighbors. There has been no offer on the part of the neighbors to covenant their prop- erty to eliminate certain uses , so he sees no reason for them to do so. Mayor Sevila said Mr. Wallace stated the Shor property was free of any covenants and that the Pavilion property could be developed any way the owners want - he asked if he is stating there are no proffers on record with respect to the B-2 on the south side of Ed- wards Ferry Road? Mr. Wallace said Mr. Forbes told him there are no proffers on record on that side, but there are on the north side. Mayor Sevila asked Mr. Wallace if he has any immediate or long-range plans that might be helpful to the members of the pub- lic and the adjacent property owners? Mr. Wallace said the only plan he ever had was to build a house on it. He did discuss with Mr. Shor one time that he could buy the land from him and work those two lots in with the rest of his program and have them rezoned. He never exhibited any interest in this, so nothing more has been done about it. He (Mr. Wallace) has been sitting waiting for sewer to get close enough to think about using it, but it never will un- til Mr. Shor develops the property behind them. There is a sewer line at Heritage Square they could bring down the street, but by the time it gets down to them, it would be deep enough to use, but they could not have a basement. They felt it best to get this re- zoned so it will fit in with the rest of the property around it. MINUTES OF OCTOBER 13 , 1982 MEETING . Mayor Sevila assumed then that he does not plan to build resi- s7 dential units. Mr. Wallace did not feel it would be economically feasible to do this unless sewer comes easier- than he thinks it will . Mr. Bos commented that the B-2 zoning category is outdated and is a terrible one. He believed the Council and the Planning Commission have agreed to this informally but, for some reason, they can ' t seem to get the more contemporary business and commer- cial uses through the Planning Commission and get an updated Zon- ing Ordinance. This is a typical application and cries out for a more contemporary Zoning Ordinance. There are specific uses that are appropriate for that area and those that are not, all of which are in the B-2 category now. We had the same problem with the In- ternational Pavilion zoning and that was proffered to such a degree on the north side of Edwards Ferry Road that none of that is in reality B-2 zoning - it ' s all been proffered to the point where it is actually R-3 , R-4 or whatever. He feels this puts the appli- cant, the neighbors and the council at an extreme disadvantage to go through this B-2 rezoning process in an area that is sen- sitive. We should get the rest of our Zoning Ordinance up-to-date. He believes council has agreed informally that on a rezoning ap- 03 plication it would be quite appropriate to have a more specific category available for applicants, whether it be office, stores or O other proposed categories that need to get to Planning Commis- sion. He asked Mr. Niccolls if any active worc76een done on the m commercial business categories? Mr. Niccolls said they are not Mon the Planning Commission ' s current calendar. In order to begin a the process with an assured time deadline, Council would have to act as it has in other matters - that is to initiate formally some specific amendments to the Zoning Ordinance and refer these to the Commission for public hearing and report. They would then have 90 days in which to act on these. Mr . Bos said he would like to see this - it just doesn ' t work for the town any more. Mayor Sevila suggested that Mr. Bos might initiate this at the next Finance and Administration Committee meeting . It would be better for Council to have specific revisions in mind in making its referral to the Commission, rather than a general directive with no guidelines or deadlines. Mr. Gheen asked why the land to the south and to the west of Edwards Ferry Road was rezoned to B-2, or was it ever another cate- gory? Mr. Niccolls exhibited on the zoning map that a portion of this land was recently annexed effective January 1, 1980 . Mr. Gheen asked what the County zoning was prior to annexation? Mr. Niccolls said the County zoning was C-1, which is a neighborhood commercial category under the County Zoning Ordinance that does not permit multi-family dwellings, but does permit commercial uses. The rest of it was a residential zone. Mr. Sevila felt Mr. Gheen' s question was concerning the property south and west. Mr. Niccolls said a zoning history will be prepared on this. Mr. Wallace said all of the Shor tract was a portion of the old airport and all of that was zoned B-2 before 1963 . The public hearing was declared closed by Mayor Sevila . On motion of Mr. Willis , seconded' by Mr. Gheen, this matter is referred to the Finance and Administration Committee for its next regularly scheduled meeting: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay : None . COUNCILMEMBERS ' COMMENTS : Mr. Bos called attention to a piece of exposed culvert pipe at the corner of Morven Park Road and Route 7 - a piece of the concrete corner has been gone for quite some time. This matter should be taken care of . Mr . Bos said there is a Letter to the Editor item in the Times- Mirror tonight commending Mr. Willis for his help with a soccer team, using his meal wagon at cost - this is not the first time he has done that and it is a good community service - he congratu- lated him for this. MINUTES OF OCTOBER 13, 1982 MEETING. 68 Mr. Tolbert reminded Mr. Niccolls about a piece of pipe in Sycolin Road in front of Mervin Jackson ' s house; also, one at Davis and Wirt Streets across from Mr. Fletcher.Mr. Niccolls said the Syco- lin Road matter is "in the works" , but he will have to take a look at the other one and then talk to him. MANAGER' S REPORT: (1) Mr. Niccolls called attention to the written Activity Re- port and passed along to councilmembers the most recent photographs of the water treatment facility. There is an announcement in the Activity Report that testing and start-up is continuing through this month and potable water is expected from the plant by November 1 . There are still quite a few items on the "punch list" , probably 300 , but most of them are very small items . There are some major things to be done at the plant yet - some final grading, road paving and various other things. The plant is capable of producing water now on an emergency basis, so you can say Leesburg ' s water shortages are over. - we now have sufficient water supply available, unless all the wells go down and the plant too. (2) There are some personnel actions and the fact that three staff members will be attending the annual conference of the ICMA at Louisville, Kentucky this next week-encs along with several coun- cilmembers. (3) Construction on South Harrison Street is well underway - the road has been basically built up to subgrade level between the W&OD right-of-way and Catoctin Circle - this is ahead of schedule. It is possible this road might be paved with base coat before winter. The first two blocks of the project (immediately south of Loudoun Street) down to the railroad right-of-way are to be done by December 1 . (4) We have also begun work on a little storm drainage proj- ect being done in cooperation with Loudoun County on Cornwall Street. The need for the project arose when the County paved its parking lots behind and around the new courthouse building. The work involves installation of some fairly small diameter storm drain- age pipe from approximately the old Registrar ' s building eastwardly toward a catch basin at the Exeter Square townhouse development. This is mostly being paid for by Loudoun County as the major contribu- tor to the need for the storm drainage facility. At the same time, we are going to make some long-needed sidewalk repairs in that sec- tion of Cornwall Street. ( 5) The leaf loader will begin pick-ups next Tuesday, October 19 . (6) A cross-connection control program is a requirement under the State waterworks regulations that operators of water systems in- sure that customers on the water system have not installed any water- using facilities which may cross-connect with the water system and pollute it through a reverse backflow situation. The town has im- plemented this requirement with a contract between the town and the county pllumbing department and inspections have been made of all businesses in Leesburg to make certain that those cross-connections do not exist. (7) The East Market Street project is underway. All of these highway projects require our Public Works Department to spend a lot of time making utility adjustments and repairs as things go along - it is inevitable that the contractor breaks water mains, sewer lines, etc . when they are working underground . Our men will be pretty busy with both of these road jobs going along. (8) There was an unfortunate accident involving a police offi- cer , who suffered personal injury when the rear tire of his automo- bile fell into a manhole that was in some way or other open. He is recovering nicely at Winchester Hospital . This occurred Sunday at 2 : 00 A.M. at the road to the Antique Center at the extension of Davis Avenue - just before you get to the bridge. (9) The Loudoun County Planning Commission approved the site plan for the hangar project at the Airport with two minor contin- gencies. Tomorrow night the Board of Supervisors will hold a pub- lic hearing on the special exception and commission permit required MINUTES OF OCTOBER 13, 1982 MEETING. for the project. He understands they have been asked to waive s 9 the rules and approve the commission permit special exception at this hearing. (10) There is a first quarter finance report tonight; there is also the audit for the fiscal year 1982 , along with a brief memo from Don Taylor describing some significant matters in the Audit. (11) There is also a Capital Projects report tonight. (12) A representative from the Real Estate Division of the Postal Service was here today discussing the possibility of moving the postal substation in the downtown area from its present loca- tion next to the Loudoun Times-Mirror to a leased space in the old Dru3Fair Building. They are enthusiastic about the site and feel it will be suitable. Their basic philosophy is to get out of Government-owned buildings , particularly if they are too large. They feel it is less expensive for them to be in a leased space. They intend to market the present building to a private buyer be- cause all the government and private agencies have been sounded out and nobody wants to buy it. It was offered to us as being 1 OD a lease-back to the Postal Service of most of the upper floor of the building . He didn 't feel anybody in the area would really 0 want it with a long-term lease-back requirement to the Postal OD Service of the upper floor. It was studied last year rather in- 010 tensively by the Council - we got an appraisal and he was advised that ours seemed high. The building is on the order of $250, 000 Q without question. We could not see an immediate need of that magni- tude on the part of the town. The Postal Service is now going to ask the town to comment on their proposed move. This will be on the committee agendas next week . He feels this is a little unfair- it puts the burden of possible negative citizen reaction on the council . He and Mr. Forbes have given some thought to this and their general reaction is that this is not a bad move. It will move the facility to the east, but the downtown is moving to the II east. While some users will be inconvenienced, the new facility would have nuch better access , parking, etc . The question is "Do you wish to comment?" - the Federal Government cannot require you to comment about their programs . If so, they would like a report and they have been advised that council meets again later this month - so there is no rush. The Clerk is asked to make sure the radio and the newspaper know this request has been made. Mr. Tolbert said he has heard several comments about this. Mr. Tolbert asked Mr. Niccolls about a small project on Corn- wall Street in front of Mrs. Ellis Mills - when it rains or snows and freezes, it is a small skating pond. Mr. Niccolls said this has been discussed in the past, but the work required to correct that is significant. A report will be given to committee on this . Mr. Tolbert said that perhaps a few gravel might help it for a while. 82-0-35 - ORDINANCE - AMENDING SECTIONSl5-11 AND 19-20 OF THE TOWN CODE. On motion of Mr. Bos , seconded by Mr. Coffey, the following resolution was proposed and unanimously adopted: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Sections 15-11 and 19-20 of the Town Code are amended to read as follows : Sec . 15-11 . Form of application for extension permit. The application for a permit to extend the municipal water works shall be in a form approved by the Council by resolution. MINUTES OF OCTOBER 13 , 1982 MEETING. 70 Sec. 19-20 . Form of application for extension permit. The application for a permit to extend the municipal water works shall be in a form approved by the Council by resolution. SECTION II . This ordinance shall be in effect upon its passage. Aye : Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 82-0-36 - ORDINANCE - ADDING A NEW CHAPTER TO THE TOWN CODE REGARD- ING ABANDONED PERSONAL PROPERTY . On motion of Mr. Gheen, seconded by Mr. Tolbert, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The Town Code is amended by adding a new chapter to be known as Chapter 1. 1 to read as follows : Chapter 1 . 1 ABANDONED PERSONAL PROPERTY Sec . 1 . 1-1 . Disposal of Unclaimed Property. Any unclaimed personal property in the possession of the town police department and unclaimed for a period of more than 60 days shall be disposed of in accordance with this chapter. As used herein, "unclaimed personal property" shall be any per- sonal property belonging to another which has been acquired by a town officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the state treasurer as indicated will be declined if remitted under the Uniform Disposition of Un- claimed Property Act of the Code of Virginia, 1950 as amended. Sec. 1. 1-2 . Sale. Prior to the sale of any unclaimed item the Chief of Police shall make reasonable attempts to notify the rightful owner of the property, obtain from the Commonwealth ' s Attorney in writ- ing a statement advising that the item is not needed in any criminal prosecution, and cause to be published in a newspaper of general circulation within the town once a week for two suc- sive weeks, notice that there will be a public sale of unclaimed personal property. Such property shall be desribed generally in the notice, together with the date, time and place of the sale. The Chief of Police shall pay from the proceeds of the sale costs of the advertisement, removal , storage, investiga- tion as to ownership and liens and notice of sale. The bal- ance of the fund shall be held by the Chief of Police for the owner and paid to the owner upon satisfactory proof of owner- ship. Sec . 1. 1-3 . Disposition of Proceeds Following Sale. If no claim has been made by the owner for the proceeds of such sale within 60 days of the sale, the remaining funds shall be deposited in the general fund of the town. Any such owner shall be entitled to apply to the town within three years from the date of the sale and, if timely application is made therefor, the town shall pay the remaining proceeds of the sale to the owner without interest or other charges . No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three years from the date of this sale. MINUTES OF OCTOBER 13, 1982 MEETING. 71 SECTION II . This ordinance shall be in full force and ef- fect upon its passage. Mayor Sevila said there was a memo from Mr. Minor in which he pointed out that this is a result of a change in the State law. He asked if Mr. Martin has approved this language? He has. Mayor Sevila asked what the policy was before the adoption of this ordinance? Mr. Nic- colls said they merely advertised a sale without referring the prop- erty to the State for possible claiming by the State Treasury and the proceeds from the sale were immediately deposited in the treas- ury of the town for general purposes . The principal change here is I/ that we have to wave the property by the State and see if they' re going to claim it and hold the funds in an escrow situation for the three-year period pending possible claims . The ordinance was unanimously adopted : Aye : Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. PROPOSED RESOLUTION ENDORSING THE ECONOMIC DEVELOPMENT STRATEGY. m On motion of Mr. Bos, seconded by Mr. Gheen, a resolution en- Nt dorsing the economic development strategy, as adopted and proposed O by the Economic Development Advisory Committee, was proposed. Mr. m Tolbert said Mrs . Hill suggested , at committee meeting, that the Finance and Administration Committee meet with the full Advisory m Committee at some future date before this strategy is formally Q adopted. Mr. Gheen said this was true - they just feel there should be more conversation concerning it. Mr. Bos said this is a hard working committee and this is "im- portant stuff" . Council should sit down several times for several hours to review and discuss this report, as well as another report endorsed by the EDAC known as the Development Review Process . He suggested that the council might want to go through another goal- ' setting seminar - there are a lot of good suggestions and some of them might even change the way the town does business. He felt they need to discuss what the town ' s priorities are and how the economic development process fits into that. Mayor Sevila agreed with this and felt that perhaps there should be some public input as well . Mr. Niccolls explained that the Development Review Process presented this morning flows from direction given by the Council in late 1981 or early 1982 when it adopted economic development as a primary strategy. One of its recommendations was to create the com- mittee and to budget funds for it; also, the manager was directed to prepare a report on the development review process and have it sybmitted by November 1 . It has been a significant effort and it will be submitted at the latter meeting in October. Mayor Sevila asked if the committee feels handicapped by the failure of Council to adopt this strategy? Mr. Bos said he did not think so - the com- mittee is forging ahead - a general endorsement of economic de- velopment strategy is appropriate and would be appreciated by the committee as a sign that the council approves of what they are doing. However, at the same time, they are working on a lotof things and there area lot of policy-related matters that the committee is con- sidering that reflect both on the Council and the Planning Commission work. It is important for the council to keep up with what the com- mittee is doing and make suggestions. Mayor Sevila felt that this might better wait until after the joint session between Council , the committee and the public , at which time council might want to review some of the policies and directions in which the Advisory Committee is moving. Mr. Bos said he would like to see this strategy adopted in whatever way is appropriate, but the committee should receive word one way or the other that it is doing the right thing . None of this will happen overnight - this whole economic development strategy is a long-term process and this foundation will guide the town for a number of years to come. Mayor Sevila felt he would benefit greatly from such a joint meeting. The makers of the motion withdrew the resolution proposed. MINUTES OF OCTOBER 13 , 1982 MEETING. 72 82-130 - RESOLUTION - EXTENDING TIME FOR COMPLETION OF PUBLIC IM- PROVEMENTS AND PERFORMANCE BOND FOR PART OF PARCEL M - VIRGINIA VILLAGE DEVELOPMENT PLAN. On motion of Mr. Bos , seconded by Mr. Gheen, the following resolution was proposed : WHEREAS, a request has been received from the developer to extend the time for completion of public improvements and performance guarantee for part of Parcel M, Section 1 , Vir- ginia Village Warehouse Development Plan; and WHEREAS , the contract for public improvements expired in June 1982 ; and WHEREAS, the town attorney has reviewed this request and de- 1 termined that the time for completion can be extended; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The performance guarantee, contract for public improvements and the water and sewer extension permits are extended until January 1, 1984 for part of Parcel M, Section 1 , Virginia Village Warehouse Development Plan, on the condition the de- veloper executes a new contract for public improvements and new water and sewer extension permit forms. Mr. Niccolls explained that, several years ago, the property was zoned M-1 . It was subsequently rezoned into the F-1 category. However, before that, a site plan was approved by the town and performance guarantees made by the developer. The marketplace changed and interest rates went up, so the property has ben lan- guishing with practically no work being done on the site and the time for completion of the public improvements has expired. The choice tonight is whether or not to extend the time for com- pletion of the public impr vements, which includes mostly on-site work which will ultimately7gedicated to the town (watermains, storm sewer work and driveway connections) The project owners are attempting to market the land for use in the way it was origi- nally planned, but this has not been successful . This would give them until January 1984 to wrap up the project and this would be the council ' s last extension. The resolution was unanimously a- dopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 82-131 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS AND WAIVING MAINTENANCE BOND REQUIREMENTS FOR SECTION II OF PEER MANOR SUBDIVISION. On motion of Mr. Willis, seconded by Mr . Tolbert, the following resolution was proposed and adopted by a vote of 5 to 1 abstention : WHEREAS , the preliminary plat for Sections I and II of Peer Manor Subdivision was approved in September 1977 ; and WHEREAS, the public improvements have been completed and ac- cepted in Section I of Peer Manor Subdivision; and WHEREAS, the public improvements in Section II of Peer Manor Subdivision have been completed in accordance with town stand- ards and specifications and these have been inspected and the as-built drawings have been submitted and approved; and WHEREAS, Section II improvements were constructed more than two years ago and an inspection by the Director of Engineer- ing on September 1 , 1982 revealed no defects; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : MINUTES OF OCTOBER 13 , 1982 MEETING. rf SECTION I . The public improvements for Section II of Peer e � Manor Subdivision are accepted for public use by the town. SECTION II . A maintenance bond for these improvements is not required because the improvements have been constructed for more than one year and a recent inspection reveals no defects . SECTION III . This resolution is effective upon final plat approval of Section II of Peer Manor Subdivision by the Lees- burg Planning Commission. Aye : Councilmembers Bos, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. Abstention : Councilmember Coffey (The owner is a business client) . 82-132 - RESOLUTION - AUTHORIZING STORM SEWER EASEMENT ACQUISITION FOR THE SOUTH HARRISON STREET REDEVELOPMENT AND REVITALIZATION PROJECT. On motion of Mr. Willis , seconded by Mr. Tolbert, the follow- OD ing resolution was proposed: CT O RESOLVED by the Council of the Town of Leesburg in Virginia m as follows : OD SECTION I . The manager, as required by Title 25, Chapter 6, Q Article 3 of the Code of Virginia 1950 amended shall certify just compensation as determined from an appraisal and the re- view appraisal for the property of Thomas I . Blankenship on South Harrison Street to be acquired by the town for the South Harrison Street Redevelopment and .Revitalization Project. SECTION II . The manager shall secure, on behalf of the town, a permanent storm drainage easement containing 99 square feet and a temporary construction easement containing 126 square feet owned by Thomas I . Blankenship and shown on a plat pre- pared by Dewberry and Davis dated September 1982 , at a price of $200 . Mayor Sevila asked the status of negotiations with regard to the pur- chase of the Blankenship property? Mr. Niccolls said there has been no further contact, pending a decision to be made by Mr. McKimmey as to whether he wants to relocate the business . Our offer to him is still open, even though the expiration date is technically past. We have allowed him additional time to consider what type of new business enterprise he may be willing to venture on the Blankenship property. It won ' t be too much longer until we have to decide and tell him his occupancy of the VEPCO site will terminate on some specific date. If he has made no other arrangements with our help (and there was substantial help in the project budget) , we will have lost a business there. In the event the McKimmey business does not need the Blankenship site, then we wouldn ' t be buying it. This is just a little storm drainage easement necessary for the storm drain- age work, notwithstanding Mr. McKimmey ' s desires . Mayor Sevila asked if we are approving the purchase of the entire Blankenship tract at the price quoted in that appraisal? Mr. Niccolls said No, in order for that to occur, there would have to be a similar Section II apply- ing to the entire tract. The resolution was unanimously adopted: Aye : MaCouncilmembers Bos, Coffey, Gheen, Tolbert, Willis and yoSevila. Nay: None .r 82-133 - RESOLUTION - WAIVING AVAILABILITY FEES FOR RESTROOM FACILI- TIES FOR MULTI-PURPOSE ATHLETIC FIELD AT LOUD- OUN COUNTY HIGH SCHOOL. On motion of Mr. Bos , seconded by Mr. Willis, the following resolution was proposed : MINUTES OF OCTOBER 13 , 1982 MEETING. 74 WHEREAS , the Place to Play Committee and the Loudoun County School Board are cooperating in the construction of a lighted multi-purpose athletic field at Loudoun County High School, including construction of public restroom facilities; and WHEREAS, costs for the project are being paid partly from voluntary donations; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall not charge water and sewer availability fees for public restroom facilities to be constructed through the efforts of the Place to Play Committee at the Loudoun County High School. Mr. Bos explained that the Fireman ' s Field being used at the present time for a baseball diamond and other sports activities will no longer be available to the County Parks and Recreation Department for its activities . The Place to Play Committee was, therefore, organized to find property for an all-round athletic field. The County policy would not provide funding for this purpose, so the committee felt it would be up to individuals or private groups to provide the impetus for obtaining the land and funding of the field. They could not find any land on a donation basis, so they ended up negotiating with the School Board for a piece of the high school property. The School Board will be allowing the use of the 6 or 7 acres, with the strings attached being a sort of phased develop- ment of this field - the first stage being topography work, grad • - ' ing and fencing; the second stage being public restrooms; the third stage being lights. The current estimate for the entire project would be $70, 000 to $80 ,000 . The intent of this group is to raise private funds and to secure as much donated labor and cost materials from suppliers and contractors in order to bring the cost down to about half of that. They have raised in the neighborhood of $3, 000 to $4 , 000 and they need ideas to raise money . They will have to raise $20 , 000 or more on their own. They are applying to the town to waive the availability fees as a donation and they will be going before the Board of Supervisors . This is a School Board property and we have always charged availability fees for them. He per- sonally would like to see Council do this . Mayor Sevila asked if this field will be available during school hours for use by the School Board? Mr. Bos understands it will be, but not to what de- gree. This building will be a very simple divided 8x16 or 10x20 concrete building - a pretty unadorned type of thing. Bengtson, Debell, Elkin and Titus have already donated the surveying and site work; Hazel is donating the grading work and topsoil and they have some plumbers that will donate the materials at cost, so they have substantial donations in kind or materials above the cash they have raised. They are off to a reasonable start, but they have a long way to go . Mayor Sevila asked what amount their request to us would save? Mr. Bos believed in excess of $2 , 000 . Mayor Sevila said he has no problem with this resolution. He has been approached by seve- ral members of this group and he feels this is one way the town can assist with the eventual relocation of these recreational facilities . Mr . Coffey asked if the town is expected to do any physical work on this? Mr . Bos replied No. Mr . Willis asked who will pay the normal water and sewer fees? Mr. Niccolls said it would be the property owner - the School Board. Mr. Bos did not feel the town has re- ceived its fair share of Parks and Rec buildings, funds, etc . , but some of the PTP people have argued that the County should fund the whole thing and put up a first-class ball field. The resolution was unanimously adopted : Aye : Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 82-134 - RESOLUTION - MAKING AN APPOINTMENT TO THE LEESBURG AIRPORT COMMISSION. On motion of Mr . Tolbert, seconded by Mr. Gheen, the following resolution was proposed and unanimously adopted: MINUTES OF OCTOBER 13 , 1982 MEETING. WHEREAS , the Leesburg Airport Commission has unanimously 75 endorsed the following appointment; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The following appointment is made to the Leesburg Airport Commission for the term indicated herein : Herbert Ingram for a term expiring June 30 , 1984 . 11 Aye : Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 82-135 - RESOLUTION - MAKING APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1983 . On motion of Mr. Tolbert, seconded by Mr. Coffey, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia W as follows : 'Cr An appropriation is made from the General Fund to Account No. OD 1204 . 302 , Legal Services, in the amount of $3, 550 for the fis- cal year 1983 . LLI Q Mayor Sevila said this is to pay Dr. Richman for his services. Mr . Niccolls said this is his first payment; The resolution was unani- mously adopted : Aye : Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay : None. 82-136 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30 , 1983 . On motion of Mr. Bos, 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 . Appropriations are made to the following General Fund Accounts in the amounts shown for the fiscal year ending June 30 , 1983 . Account No . Amount 1101 . 701 Sound Equipment $ 105 . 00 3101. 701 Automotive Equipment 1, 220. 00 SECTION II . An appropriation is made to the Potomac River Plant, Capital Project Fund, Account No. 7000 . 250, Construc- tion Engineering in the amount of $95, 300 . 00 for the fiscal year ending June 30 , 1983 . Aye : Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and yo r Sevila. Nay : Nne .Ma On motion of Mr. Willis, seconded by Mr . Tolbert, Council voted unanimously to go into executive session with members of staff , pursuant to Section 2 . 1-344 of the 1950 Code of Virginia, as amended (a) (1) to discuss a personnel matter relating to ap- pointment of a successor to Mr. Coffey as a member of the Cable Television Advisory Commission : Aye : Councilmembers Bos , Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 76 MINUTES OF OCTOBER 13, 1982 MEETING. Council reconvened. Mayor Sevila said Council considered ap- pointments to the Cable Television Advisory Commission to fill the unexpired portion of Councilman Coffey ' s term on that commission, which will expire June 30 , 1983 . There were three very capable applicants to be considered and they found all to be, extremelyquali- fied. 82-137 - RESOLUTION - CONSENTING TO APPOINTMENT TO .THE CABLE TELEVI- SION ADVISORY COMMISSION.. _ . On motion of Mr. Tolbert, Eugene H. Crompton, Jr . was nominated by Council to fill this unexpired term. There were no further nomi- nations and, on motion of Mr. Gheen, seconded by Mr. :Tolbert,. Coun- cil voted unanimously to close nominations.: Aye : Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Tolbert. Nay: None . The following resolution was, therefore, proposed and unanimously adopted : WHEREAS, the Mayor has appointed Eugene H. Crompton, Jr. to fill the unexpired term of Edgar L. Coffey, Jr . on the Cable Television Advisory Commission. THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The consent of the Town Council is given to the Mayor ' s appoint- ment of Eugene H. Crompton, Jr. to fill the unexpired term of Edgar L. Coffey, Jr. on the Cable Television Advisory Commission, said term to expire on June 30 , 1983 . Mr. Sevila commented that they were extremely fortunate to find three very highly qualified applicants for this position. On motion of Mr. Willis , seconded by Mr. Tolbert, Council voted unanimously to adjourn. /(961-yo o. Clerk of C•' ncil 1