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HomeMy Public PortalAbout1986_01_08 103 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS ON VACATION OF RESTRICTION LINE FOR LEESBURG COUNTRY CLUB SUBDIVISION, SEC. TWO, LOTS 54 THROUGH 59 AND TOWN CODE AMENDMENT RE PEDDLERS AND ITINERANT VENDORS, JANUARY 8, 1986. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on January 8, 1986 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Mar- 1 tin. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Arl Curry, Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and Charles J. Williams; also, Town Manager Jeffrey H. Minor, Assistant to Town Manager Stephen F. Owen, Director of Engineering Thomas A. Mason, Director of Finance Paul E. York, Director of Planning, Zoning and Development Martha S. Semmes, Town Attorney George Martin and Deputy Town Attorney Deborah Welsh. On motion of Mr. Williams, seconded by Mrs. Hill, it was proposed that the minutes of regular meetings of May 22, 1985, June 12, 1985 and June 26, 1985 be approved. However, Mr. Curry believed that Ordinance No. 85-0-11 did not show its adoption at the June 12 meeting. (It is noted here that the minutes show that Ordinances No. 85-0-11 and 85-0-12 were adopted together. The motion to approve all three sets of minutes was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. CERTIFICATES OF APPRECIATION A Certificate of Appreciation for fourteen years faithful service was pre- sented to Mr. Juan F. Chaves, who retired as Director of Public Works as of De- cember 31, 1985. Complimentary comments were made by all councilmembers, in- cluding the fact that the town has never looked better and has never functioned better and that he is an example of what an employee is to his employer and a good citizen to the community. He will be missed. Mr. Minor added that Mr. Chaves has a fine sense of the history of the town and a rich experience that makes everybody' s job much easier - he has set a standard that will be hard to maintain and has left a legacy that will be here for many years to come. Mayor Sevila concluded by saying that the appearance of the town reflects his hard work, his dedication and his pride in the community. A Certificate of Appreciation was also presented to Sergeant Preston Bell, who recently announced his retirement from the Leesburg Police Department. He was an employee for eleven years, nine months and contributed much to the credit of the Police Department in those years. Having worked the "night shift" for a good part of that time, he could be seen checking for unlocked doors and for signs of break-ins at businesses all over town. He also endeared hmimself to the school children while working school crossings over the last few years. Councilmembers were most complimentary of his services, with all feeling that he will be missed. Mr. Minor added that Sergeant Bell exemplified the service orientation of our Police Department - the younger officers will be glad that they have had him as their guide. Mayor Sevila commented that Leesburg has been spared the expense of7course in community relations by Sergeant Bell ' s example - as a result of his good work, Leesburg' s police force is recognized by its citizens as a quality police department. Mayor Sevila also presented a Certificate of Appreciation to Police Chief James M. Kidwell for twenty-live years dedicated service with the town police force. Council takes pride in this quality of service. During his four years as Mayor, he has had at least a dozen occasions to recognize the outstanding job done by several of our police officers - this is due to the outstanding job and support they get from their leader. Chief Kidwell responded that all the credit goes to the Town Manager and the Council for giving him the money he needs to run the department. PUBLIC HEARING ON VACATION OF BUILDING RESTRICTION LINE FOR LEESBURG COUNTRY CLUB SUBDIVISION, SECTION TWO, LOTS 54 THROUGH 59. Mr. Minor explained that a copy of the staff report on this matter went to the committee. This is basically similar to what we did in the Yeonas Subdi- vision where they shortened the depth of the yard 'from 35 feet to 25 feet be- cause of the topography of that area and to avoid expensive foundations. This will meet the R-4 County zoning district for front yards. Ms. Semmes added that the original request was from a lot owner along Governor' s Drive who was having 104 MINUTES OF JANUARY 8, 1986 MEETING. difficulty in siting his lot . It was discovered there were similar problems with other lots, so it was discussed that it would be wise to remove the build- ing restriction line on all these lots. Mr. Jerry Pelkey, 205 Ward Circle, said his lot actually backs up to most of these lots, particularly Mr. Hammer's. There are six lots there and four on Country Club Drive yet to be developed in Section II. As a property owner and a member of the Architectural Review Committee, he does not oppose the changing of the building restriction lines (possibly this could change the value of these lots) . He understands most of the lots along there are fill - to make the base- ments and the footers right they had to go to the creek line (he understood that is what they had to do with Mr. Jones ' house) and put in special pilings. The present owner came to the Architectural Review Committee last summer concern- ing building houses on these four lots - at that time he decided not to build. The covenants say the houses should be similar to others in Section II. This does not include Leesburg Estates, nor those closest to Route 15 on Country Club Drive. Generally, what they have asked for is more than 2,000 square feet per house, a covered garage, brick or brick veneer on the front and most have fireplaces. Mr. Hammer has given them a set of his drawings to take back and talk about. Some of these lots belong to Mr. Jones and, though he doesn't think Mr. Jones is opposed to this vacation, he asked that they hold off until some of these other matters can be resolved. Mr. Hammer says if the lines are moved, it will get him out of the fill area. Mrs. Hill asked if the building line would make a difference to their committee? Mr. Pelkey said he and Mr. Jones had dis- cussed holding off until the house is through the Architectural Review Committee. He did not object as to what he knows about it at this time. The public hearing was closed. PUBLIC HEARING ON PROPOSED CHANGE TO SECTION 17-68 OF THE TOWN CODE REGARDING PEDDLERS OR ITINERANT VENDORS. Mr. Minor explained that, if we wish to change the business and professional license fee, we must hold a public hearing. This would change the fee for pedd- lers and itinerant vendors from $50 to $250. An itinerant merchant is someone who does not have a fixed place of business, but has products on site to sell. A peddler is someone who goes from door to door with the goods on his person. He is not a solicitor - someone like an Avon person. The maximum fee allowed is $500. There was no-one to speak - therefore, the public hearing was closed. COUNCILMEMBER COMMENTS: Mr. Bos called attention to the activities of the Board of Architectural Re- view listed in the Activity Report. This has been a productive year and he looks forward to another year with his fellow councilmembers. Mr. Williams also looks forward to a new year and being a part of the moving force with the Council and addressing the many activities that will be before them this year. It has been a productive 1985 and he hopes that 1986 will bring good health and success in everyone's business and political futures. Mrs. Hill agreed with the above. Mr. Curry reported that the Planning Commission met on December 19th and January 2nd - these items are covered in the Activity Report. Regarding Toll:: House; , there was a problem as to width of street and location of centerline - the Commission felt the Director of Engineering should make this decision - not the developer - this would enable the Commission to decide where curb and gutter should be placed. It is hard for the Commission to do its job without the center- line being established. Mr. Minor advised that the Engineering Director will have a report on this Friday. Mr. Curry said there was also a problem with corner lots on a Valley View plan - he believes it is very important to change the legisla- tion concerning these corner lots. There is also a problem on the South Haven project - he hopes the builder will voluntarily change the building restriction line to 20 feet. Mayor Sevila felt this deserves some consideration soon. This is being referred for a joint hearing with the Planning Commission. There was further discussion concerning the setback on Valley View - Mrs. Semmes will ad- vise on Friday. 105 MINUTES OF JANUARY 8, 1986 MEETING. Mr. Kelley reported that the Economic Development Advisory Committee met this morning - it looks like they can see "the light at the end of the tunnel" as far as the certification program goes. Steve Owen gave them the completed marketing brochure - this is a very fine vehicle for the town. Steve also said that Susan Sherman put it together and did an outstanding job on it. The last two months they have been discussing a possible questionnaire to the business community relating to forming a business association for Leesburg - they hope to get a response on this very quickly. They also discussed parking in the down- 1 town area - they need to go into this more excessively. They are very inter- ested in this. Mayor Sevila had received a letter from George Horkan, attorney for Mr. Rust, concerning the park property. He assured the town that, after a brief va- cation, he will be working to conclude the dedication of Parcels B and C very quickly, either in January or February. He also received a letter of thanks from Linda Hobbie of the Rescue Squad for the town' s contribution of $10,500. He also had an article on "Greenbelts in the well-planned city - town" - he thought Martha and the staff might enjoy looking at this to see if there are any sugges- tions we might be able to use in the adoption of the Town Plan. He asked that these items be copied out to Council. Several members have mentioned that this is the first meeting of the new year. There are too many things to consider as major accomplishments of 1985, however, it was an outstanding year from a legislative and town council stand- point. We have accomplished a lot. He understands we would be the first town to be fully certified - this would be a major accomplishment. This is a com- mittee of volunteers and they have done an extraordinary job. Other items of importance are the Park, the land exchange with the County, the Route 643 public utility agreement and many other things we can be proud of. However, you can' t help but think about what lies ahead in 1986 - we have undertaken ex- tremely ambitious projects, from the Town Plan to the revamping of the Zoning Ordinance and many other projects that make 1986 a challenge equal to that of 1985. He looks forward to working with the members on these goals. MANAGER'S REPORT: advised (1) Town Manager Jeffrey Minor/ that the up-dated directory is at Council' s places. (2) Staff is in the process of doing the annual management evaluation plan. Just as the Mayor reported on the goals and accomplishments of the past six months, the staff is doing the same at a staff level - trying to see where they have been successful and had a lot of progress and where they need to move a little more quickly. (3) The closing on the Jewell tract took place yesterday - this is a land- mark occasion for the town. We now own some of the land for Catoctin Circle North and no longer own Potter' s Field. We collected over $70,000 in that ex- change and look forward to collecting over another $110,000 whenever the adja- cent properties on each side of the road develop. George Martin should be pleased over this - the Potter' s Field .case was decades long. (4) A copy of the County TDR legislation will be sent to Council this Fri- day. The Planning Department is evaluating this and will be doing a memo to Council, particularly with emphasis on our annexation agreement. (5) Christopher Jones from Manassas has been hired to fill the vacancy created by the retirement of Sergeant Bell. He has a Bachelor' s Degree from York College, Pennsylvania and worked in security with George Mason University. He has also completed his basic training. Hiring someone that has already had this training will be a big help to us . (6) The contract for the East Market Street landscaping has been awarded to Blake Landscaping for $6,300 - that work will be done in early spring. This will take it to Catoctin Circle. (7) On the certification program, one of the components that reall9' lightens the tunnel"is the option agreement from Leegate has been executed. (8) The draft Lamplighter articles will probably be sent out before we get our certification. Mayor Sevila declared a brief recess. 106 MINUTES OF JANUARY 8, 1986 MEETING. Council reconvened to consider agenda items. On motion of Mrs . Hill, seconded by Mr. Tolbert , the following items were considered as consent items and unanimously adopted: 86-1 - RESOLUTION - MAKING AN APPROPRIATION FOR LEGAL SERVICES. WHEREAS, W. H. Jolly, Attorney at Law, of Galax, Virginia was appointed special counsel to represent the town in matters pertaining to the 1983 Annexation Agreement by Council Resolution No. 85-231; and WHEREAS, the town' s special counsel advises that it is necessary to retain professional consultants to assist in preparing various studies to represent the town' s position with respect to the 1983 Agreement: THEREFORE, . RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made to the General Fund, Account No. 1204. 100.010. 200, Legal Services, in the amount of $7,000 for the fiscal year ending June 30, 1986. 86-0-1 - ORDINANCE - AMENDING SECTIONS 12. 1-17. 1 AND 12. 1-17.2 OF THE TOWN OF LEESBURG PERSONNEL MANUAL FOR THE TERMINATION OF THE DE- FERRED COMPENSATION PLAN. WHEREAS, the deferred compensation plan offered to town employees is not being fully used: and WHEREAS, the administrative costs of maintaining this plan do not pro- portionately contribute to the plan' s continuance; and WHEREAS, due to the lack of employee interest in the continuance of the plan: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sections 12. 1-17. 1 and 12. 1-17. 2 of the Town of Leesburg Per- sonnel manual are eliminated. • SECTION II. The town manager is authorized to terminate the contract with Stanley Clark Associates, Inc. for administration of the plan as of March 31, 1986. SECTION III. Upon termination of the contract with Stanley E. Clarke & Associates, Inc. the town will distribute the deferred income to each participant in the plan as provided for in the participation agreement. 86-2 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 5 TO R. F. KLINE, INC. FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT. WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc. ; and WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the Council of the Town of Leesburg provides: "The Council at its option will require prior approval of all requisitions for payment under this contract"; and WHEREAS, the contractor has submitted Payment Request No. 5 on Decem- ber 19, 1985 and Camp, Dresser and McKee has reviewed and approved this request ; and WHEREAS, the Director of Engineering has recommended payment of Payment Request No. 5 in the amount of $166,459.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $166,459.00 ($173,220.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 5 for the Wastewater Treatment Plant Expansion Project. 107 MINUTES OF JANUARY 8, 1986 MEETING. 86-3 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING TO CONSIDER ADOP- TION OF THE LEESBURG TOWN PLAN. RESOLVED by the Council of the Town of Leesburg in Virgninia as follows: A Notice of Public Hearing to consider adoption of the Leesburg Town Plan under the provisions of Section 15. 1-450 of the Code of Virginia, as amended, shall be published in the Loudoun Times-Mirror on January 16, 1986 and January 23, 1986 for public hearing on January 29, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. 86-4 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED ZONING MAP AMENDMENT #ZM-67 - CORNWELL PROFFER AMENDMENT. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider rezoning application fZM-67, the Cornwell Proffer amendment to the zoning district map of the Leesburg Zoning Ordinance, to amend the proffers on the land located at the southern terminus of Harrison Street within 300 feet of the Leesburg Station Subdivision shall be published in the Loudoun Times-Mirror on January 23, 1986 and January 30, 1986 for public hearing on Febru- ary 12, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. 86-5 - RESOLUTION - SETTING A PUBLIC HEARING FOR AMENDMENT TO THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING EXPIRATION OF PRELIMINARY AND FINAL PLATS. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider a proposed amendment of Section 13-57(b) of the Subdivision and Land Development Regulations of the Town Code shall be published in the Loudoun Times-Mirror on January 23, 1986' and January 30, 1986 for public hearing on February 12, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Lees- burg, Virginia. 86-6 - RESOLUTION - INITIATING AMENDMENTS OF THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED AND ADMINISTERED BY THE TOWN OF LEESBURG IN THE ANNEXATION AREA CONCERNING YARD REQUIREMENTS FOR CORNER LOTS AND SETTING A JOINT PUBLIC HEARING. WHEREAS, the existing Loudoun County Zoning Ordinance as adopted and administered by the Town of Leesburg requires that corner lots have only one front yard; and WHEREAS, the term "yard" is not defined; and WHEREAS, it is determined that all yards abutting a public street should be front yards in the interest of protecting the public health, safety and general welfare; and WHEREAS, the Town has adopted the Loudoun County Zoning Ordinance to be administered in the annexation area: THEREFORE, RESOLVED by the Council of the Town of Leesburg inVirginia as follows: SECTION I. An amendment of the Loudoun County Zoning Ordinance as ' adopted and administered by the Town of Leesburg for the annexation area is initiated to amend Article 4, General Regulations, by amend- ing Section 514.4.2 to read as follows: 514.4.2 Other yards adjacent to streets shall be provided across or along the portion of the lot adjacent to the street, and shall be the full dimension for required front yards in the district. 108 MINUTES OF JANUARY 8, 1986 MEETING. SEC'T'ION II. An amendment of the Loudour, County Zoning Ordinance as adopted and administered by the Town of Leesburg for the annexation area is initiated to amend Article 5, General Regulations, by amend- ing Section 514. 6 to read as follows: 514.6 Yards on Corner Lots Corner lots shall maintain a front yard, as established for the respective zoning district, on each street front- age of such lot; and no accessory buildings shall be per- mitted within'iany front yard. SECTION III. An amendment of the Loudoun County Zoning Ordinance as adopted and administered by the Town of Leesburg for the annexation area is initiated to amend Article 10, Definitions by adding defini- tions to Section 1003 as follows: Yard. Any area on the same lot with a building or build- ing group lying between the building or building group and the nearest lot line, unobstructed from the ground upward and unoccupied except by specific uses and struc- tures allowed in such area by the provisions of this ordi- nance. Yard, Front. A yard extending across the full width of the lot, measured from and perpendicular to the front lot line, and extending to the principal building or structure. On corner lots all yards which abut the street shall be deemed front yards. Yard, Rear. A yard extending across the full width of the lot, lying between the rear lot line of the lot, and extending to the principal building or structure. On corner lots which abut two streets with front lot lines of unequal length, the rear yard shall be opposite and parallel to the shortest front lottline. On a corner lot which abuts three streets, the remaining yard shall be a rear yard if it abuts a rear yard, and shall be a side yard if it abuts a side yard. Yard, Side. A yard between the side lot line and the principal Lbuilding and extending from the front yard to the rear yard. SECTION IV. A public hearing at which persons affected by or interested in the 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 on February 12, 1986 in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, and in compliance with Section 15.1-431 of the Code of Virginia this hearing shall be a joint public hearing of both the Planning Commission and Council. The Clerk shall give notice of this hearing and the Council' s: intention to adopt this amendment on January 23, 1986 and January 30, 1986 and advise the Planning Commission of the purpose, time and date of the hearing. SECTION V. The Planning Commission shall report its recommendation to the Town Council on the proposed amendments within 60 days of the public hearing. 86-7 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF GEORGE A. AND SHERRY S. WILSON FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAP- TER 11, TITLE 15. 1 OF THE CODE OF VIRGINIA, AS AMENDED. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of George A. and Sherry S. Wilson for revision of the zoning district map, assigned No. ZM-73 to rezone 10.0004 acres of land from County R-1/A-3 to Town R-1, is received and referred to the Plan- ning Commission for public hearing and recommendation under Chapter 11, Title 15. 1 of the Code of Virginia, as amended. 109 MINUTES OF JANUARY 8, 1986 MEETING. 86-8 - RESOLUTION - INITIATING AMENDMENTS OF THE LEESBURG ZONING ORDINANCE CONCERNING YARD REQUIREMENTS FOR CORNER LOTS. WHEREAS, the existing Leesburg Zoning Ordinance requires that corner lots have only one front yard; and WHEREAS, the term "yard" is not defined; and WHEREAS, it is determined that all yards abutting a public street should be front yards in the interest of protecting the public health, safety and general welfare: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to amend Article 8, Heights, Lot Sizes and Yards by adding a new section to be known as Section 8-2-4. 1 to read as follows: 8-2-4. 1 Minimum Yard Requirements (a) Generally. Minimum yard requirements shall apply to all buildings and structures as they relate to their respec- tive lot lines, except for authorized structures and pro- jections, as provided in Section 8-2-5; nonconforming lots of record, as provided in Sec. 8-2-6 and 8-2-7; and lots in built-up areas, as provided in Sec. 8-2-3. (b) Required Yards for Corner Lots. Corner lots shall maintain a front yard, as established for the respective zoning district, on'- each street frontage; and no accessory build- ing shall be permitted within any front yard. On a narrow lot of record which existed prior to the adoption of this ordinance, the front yard for the longest lot line abutting a street may be reduced as provided in Sec. 8-2-2. SECTION II. An amendment of the Leesburg Zoning Ordinance is initiated to amend Article 15, Definitions, by amending Sec. 15-1-42 to read as follows: 15-1-42 Lot Corner. A lot at the junction of and abutting on two or more intersecting streets when the interior angle of the intersection is less than 135 degrees. SECTION III. An amendment of the Leesburg Zoning Ordinance is initiated to amend Article 15. Definitions, by adding the following Sections, 15-1-86, 15-1-87, 15-1-88 and 15-1.89 , to read as follows: 1.5-1-86 Yard. Any area on the same lot with a building or building group lying between the building or building group and the nearest lot line, unobstructed from the ground upward and unoccupied except by specific uses and structures allowed in such area by the provisions of this ordinance. 15-1-87 Yard, Front. A yard extending across the full width of the lot, measured from and perpendicular to the front lot line and extending to the principal building or structure. On corner lots all yards which abut the street shall be deemed front yards. 15-1-88 Yard, Rear. A yard extending across the full width of the lot, lying between the rear lot line of the lot, and extend- ing to the principal building or structure. On corner lots which abut two streets with front lot lines of unequal length, the rear yard shall be opposite and parallel to the shortest front lot line. ' On a corner lot which abuts-three streets, - . the remaining yard shall be a rear yard if it abuts a rear yard, and shall be a side yard if it abuts a side yard. 110 MINUTES OF JANUARY 8, 1986 MEETING. 15-1-89 Yard, Side. A yardlbetween the side lot line and the prin- cipal building and extending from the front yard to the rear yard. SECTION IV. A public hearing at which persons affected by or interested in the amendments proposed above may appear and present their views shall be held beginning at 7:30 p.m. or as soon thereafter as the mat- ter may be reached on February 12, 1986 in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, and in compliance with Sec- tion 15. 1-431 of the Code of Virginia this hearing shall be a joint public hearing of both the Planning Commission and Council. The Clerk shall give notice of this hearing and the Council' s intention to adopt this amendment on January 23, 1986 and January 30, 1986 and advise the Planning Commission of the purpose, time and date of the hearing. SECTION V. The Planning Commission shall report its recommendation to the Town Council on the proposed amendments within 60 days of the public hearing. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 86-0-2 - ORDINANCE - VACATING THE BUILDING RESTRICTION LINE OF LOTS 54 THROUGH 59 IN THE LEESBURG COUNTRY CLUB SUBDIVISION, SECTION TWO. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance was proposed: WHEREAS, Michael L. Hammer has applied for a vacation of the building re- striction line for lot 55 of Leesburg Country Club, Section Two; and WHEREAS, it has been demonstrated that it will be difficult to construct a home in compliance with the building restriction line because of soil conditions on the property; and WHEREAS, the Town Council has found that lots 56 through 59 have similar soil characteristics; and WHEREAS, these lots shall comply with all yard requirements of the Loud- oun County Zoning Ordinance as adopted by the Town of Leesburg: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia asA,follows: The 35-foot building restriction line on lots 54 through 59 (inclusive) , of the Leesburg Country Club Subdivision, Section Two, shown on the sub- division plat prepared by Payne Associates and recorded in Deed Book 549 at Page 603 and Plat Book 13 at Page 24 among the land records of the Clerk' s Office of the Circuit Court for Loudoun County, Virginia, is hereby vacated, and the Clerk of the Council shall file a certified copy of this ordinance with the Clerk of the Circuit Court of Loudoun County, Virginia, when the 30-day appeal period has elapsed. Mayor Sevila said Mr. Hammer made his presentation in December for Lot 55. He will support this ordinance - both the town' s staff and Mr. Pelkey of the Archi- tectural Review Committee of Section II have assured us that the reduction of the setback from the existing 35 feet will not have an adverse impact on the lots in the neighborhood or those immediately adjoining it. In fact, were it not for this setback, they might not even be developable lots. The. ordinance was approved unanimously: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Hill. Nay: None. 86-9 - RESOLUTION - AUTHORIZING AN AGREEMENT IN PRINCIPAL WITH PETER BURNETT FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE ACRESS THE TOWN BRANCH STORM DRAINAGE CHANNEL. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: - - 111 MINUTES OF JANUARY 8, 1986 MEETING. WHEREAS, Peter Burnett has submitted a revised site plan for East Lawn One that includes a pedestrian bridge across the Town Branch storm drainage channel; and WHEREAS, the proposed bridge will provide pedestrian access to the • Vinegar Hill parking lot from East Lawn One and the remaining unde- veloped tract owned by Peter Burnett; and WHEREAS, the pedestrian bridge will enhance the availability of con- venient weekend and evening parking for the public; and WHEREAS, the proposed bridge will improve feasibility of further_de- velopment of lands immediately adjacent to the town' s South Harrison Street project which is an important objective of the town's HUD CDBG grant: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: it SECTION I. The Council agrees in principal to Peter Burnett' s construc- tion of a pedestrian bridge south of East Lawn One on property owned by Peter Burnett (owner hereafter) across the Town Branch storm drainage channel in accordance with a design to be approved by the Director of Engineering and submitted as part of the final agreement. SECTION II. The manager is directed to prepare for review as to form by the Town Attorney and later approval by this Council an agreement between the town and owner which will generally incorporate the following condi- tions: 1. The town at the owner's expense may terminate the agreement for cause and request removal of the pedestrian bridge during the first two _-yitars of the agreement. 2. The owner will pay for the maintenance of the bridge and hold harm- less and indemnify the town from any liability or damages arising out of the construction or use of the bridge. 3. The owner will not restrict parking on its property on weekends and after 5:00 P.M. to prohibit use of any parking space by the public during the first two years of the agreement. 4. At any time following the first two years of the agreement, the town, in its sole discretion, may terminate the agreement and require removal of the bridge and appropriate restoration at the owner' s expense. If the bridge is removed at the direction of the town, the ownermay restrict parking on its lands in any manner it deems appropriate. Mr. Williams commented that a lot of time and effort have gone into this pro- posal - hopefully, there will be some benefit for Mr. Burnett and for the town as well. Mr. Bos felt the two-year probation is a good protection for both parties. Mayor Sevila added that Council has worked hard over this and there have been some differences, however, there is some good potential in the lo- cation of this bridge - they have worked with the applicant to try to accom- plish it , with minimum risk to both the applicant and the town. This resolu- i tion paves the way for an agreement acceptable to the Council, reflecting all 1 the matters that have been discussed. This would be a restriction on the land for a two-year period. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and • Mayor Sevila. Nay: None. Mr. Minor advised Mr. Burnett that the agreement will be an item on the Public 'i Works Committee agenda next week. 86-10 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE RICHLYNN DEVELOPMENT, INC. TO EXTEND WATER SERVICE ON ROUTE 643. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution was proposed: 112 MINUTES OF JANUARY 8, 1986 MEETING. WHEREAS, the Town of Leesburg desires to extend water service along Route 643; and WHEREAS, sewer service was extended along Route 643 in 1984; and WHEREAS, water service along Route 643 will promote economic develop- ment around the Leesburg Municipal Airport area; and WHEREAS, the extension of a waterline along Route 643 has the support of the County of Loudoun and two developers that have indicated their willingness to participate in the financing of this project; and WHEREAS, the Route 643 Waterline Reimbursement Agreement was transferred to Council on November 25, 1985, and was in a form approved by the Town Attorney's office: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute an agreement on behalf of the Town of Leesburg with Richlynn Development, Inc. to provide fi- nancing of a 16" waterline along Route 643. Said agreement shall be in a form approved by the Town Attorney generally conforming to the format of the similar agreement approved for the County of Loudoun. SECTION II. The aforementioned agreement will be executed at the same time that the final agreement is executed with Brownell, Inc. Mr. Williams commented that he is pleased to support this resolution. With re- spect to the town' s economic viability, Council has lookedforward to promoting the airport - this is just another link in ensuring that this corridor is de- veloped in a timely fashion. This does not cost the town any tax money and this is a great opportunity to have the water line in that particular location. The benefits of that will be a substantial tax base we will recover from develop- ment. This is a good opportunity to do what is necessary to have the economic de- velopment in that location. Mr. Curry asked if the second paragraph is neces- sary, to which Mr. Minor replied that it is. This is similar to the one approved by the County - it has been signed by the County but he (Mr. Minor) has not exe- cuted it because the agreement contemplates all parties involved. Until we have this, the town will not go forward and obligate substantial sums of money with engineering contracts, with the possibility that one or two parties decide they don' t want to pursue it. This is a tangle we don' t want to get involved in. We certainly wouldn' t take any steps to implement the agreement or to obligate the town in any way until all that is done. We are trying to attack this on a piece- meal basis - then he can get Mr. Ward' s signature. We already have the County's signature - then the third link is Mr. Brownell. Then we can sign all three agreements at one time and start spending money. The resolution was unanimously approved: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 86-11 - RESOLUTION - AUTHORIZING A LEASE AGREEMENT WITH MARKET SQUARE ASSOCIATES FOR TEMPORARY PARKING ON PARCEL 2 OF THE VEPCO TRACT. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: WHEREAS, Market Square Associates desires to lease Parcel 2 of the VEPCO Tract on South Harrison Street for temporary parking; and WHEREAS, a contract between Market Square Associates and the Town of Lees- burg provides that Market Square Associates will purchase Parcel 2 of the VEPCO Tract on or before April 1, 1986, for development purposes consist- ent with the HUD CDBG redevelopment objectives for the South Harrison Street area; and WHEREAS, it has been determined that a lease agreement that allows tempo- rary parking on this parcel is in the public interest: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 113 MINUTES OF JANUARY 8, 1986 MEETING. SECTION I. The manager is authorized to execute a lease agreement with Market Square Associates for Parcel 2 of the VEPCO Tract in a form ap- proved by the Town Attorney. SECTION II. Lease payments will be in the amount of $1,000 per month and will begin when grading permits are obtained to construct the tempo- rary parking lot and will cease when the property is purchased by Market Square Associates. SECTION III. The lease agreement will allow temporary parking on Parcel 2 until October 1, 1986. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: 'Mallone. 86-12 — RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR SOUTH HAVEN SUBDIVISION. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the Town an agreement (Form PC-2) with Tedence, Inc. of Leesburg, Virginia, for installation of public improvements shown on the plans approved by the Director of Engineering for the South Haven Subdivision. SECTION II. The extension of municipal water and sewer works for the South Haven Subdivision is approved in accordance with Section 15-9 a and 19-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from Dominion Bank of Virginia in the amount of $343,783 is approved as security to guarantee installation.of the pub- lic improvemetnts shown on plans approved by the Director of Engineer- ing for the South Haven Subdivision. Mr. Minor advised that the value of the public improvements has been approved by the Director of Engineering. Mr. Curry felt this is premature - we just received the plans on January 7. The Planning Commission has not even discussed it. Ms. Semmes said the committee has reviewed various phases of the Plan and it will go to the Subdivision and Land Development Committee tomorrow night for approval. The bond amount is based on the construction drawings and the Director of Engi- neering is comfortable with this. Mr. Minor said the only problem is the Coun- cil procedure, but it is something that has been done in the past. It is follow- ing the order of the Subdivision and Land Development Regulations. After con- sideration and discussion concerning this matter, it was felt this would not affect the construction costs. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 86-0-3 - ORDINANCE - AMENDING SECTION 17-68 OF THE TOWN CODE RE PEDDLERS AND ITINERANT VENDORS. On motion of Mrs. Hill, seconded by Mr. Bos, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 17-68, Peddlers and Itinerant Vendors, of the Town Code is amended to read as follows: Sec. 17-68. Peddlers and itinerant vendors. Every person conducting, operating or engaging in the business of itinerant merchant or peddler shall pay an annual license tax of $250.00. An itinerant vendor is defined as a person, firm or corporation who en- 114 MINUTES OF JANUARY 8, 1986 MEETING. gages in any temporary or transient business, either within the town or passing through town, who for the purpose of carrying on such business shall hire, lease, use or occupy any building or structure or any street, alley or other public place within the town for a period of less than one year. A peddler is defined as any person who shall carry from place to place any goods, wares or merchandise and offer to sell or barter the same, or actually sell or barter the same. SECTION II. All prior ordinances and resolutions in conflict here- with are repealed. SECTION III. This ordinance shall be effective on its passage. Mayor Sevila explained that Council decided on the $250 fee, rather than $500, because it was felt $500 was a little too stiff - it might discourage some of those who are worthwhile. Mr. Williams was not sure that $500 would really dis- courage some of those we would like to discourage, and some of those we would like to have might have a problem with $250 as much as they would with $500. Mayor Sevila felt we should be careful in using this legislation to discourage what would otherwise be legitimate business - that' s one of the side benefits of the fee. These itinerant vendors who compete with our full-time legitimate merchants and businessmen have virtually no overhead - they operate out of trunks of cars or backs of truck3 on property many times without permission. The point is that, while we are adopting this as an effort toward this problem, a memo from Mark Nelis indicates that we will have some more comprehensive legislation that will better enable us to address the real problems by all forms of temporary busi- nesses in the community. This is just the first step in bringing our business license fee in line with what is permitted under the State Code. Mr. Minor advised that we have never had any problem in requiring these licenses to be paid. M1He suggested changing the fee now and, if we have to change that in the future, we can do that. The ordinance was unanimously adopted. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mr. Bos, seconded by Mr. Curry, Council voted unanimously to go into executive session, in accordance with Section 2. 1-344(a)(2) of the 1950 Code of Virginia, as amended, to discuss the use of real property for public pur- poses, with Mr. Minor and Mr. Owen to be included: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Council reconvened, with no action having been taken in executive session. On motion of Mr. Williams, seconded by Mr. Bos, Council voted unanimously to adjourn the meeting at 10:30 p.m. Mayor Clerk of the Council