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HomeMy Public PortalAbout1984_02_22 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 22, 1984 MEETING. 40 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on February 22, 1984 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. C. Terry Titus, former councilmember. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey, Jr. , Reginald K. Gheen, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Assistant Manager for Planning and Development Marc Weiss and Town Attorney George M. Martin. Absent from the meeting was Councilmember Marylou Hill. On motion of Mr. Coffey, seconded by Mr. Tolbert, the minutes of the regular meeting and public hearing on Planned Development Regulations held on January 11, 1984 were unanimously approved: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. PETITIONERS: Mr. Stephen Robin, attorney representing the developers of the Exeter tract, addressed Council concerning its recent proposal to repeal its ordinance permit- ting cluster development in Leesburg. This gives them a great deal of concern. They have filed preliminary plats on three of their land areas which total about 200 units, which call for single-family houses in two of the areas and semi-de- tached in another, all in the cluster mode. They have considerable investment in both time and money in these applications. They started this process almost a year ago and have worked on this with the staff, finally coming up with a concept plan that they have been relying on. They have about $25,000 in design costs in these three bays, plus the fact that this whole project is being han- dled as an integrated entity. The denial of these three elements could "muddy the water" for the entire project. The concerns of the council are rather specifically aimed at certain abuses seen in one or more projects in town. Having had considerable experience with cluster zoning and planned unit de- velopment, it does not have to be abused - it can be very beneficial to both the municipality and the developer. They are not talking about smaller homes - it is just a matter of how close together they would be - they would have smaller yards but there would be the same amount of open space in land con- tiguous to the project. The developer of this project would be charging $80,000 to $110,000 for these single-family homes in a cluster concept, so they are not talking about houses built of straw. Council is considering a planned unit de- velopment ordinance and its very concept is cluster and beyond, so it would be inconsistent for them to do this. Their applications would actually be stopped by this proposed action and they would have to wait an indefinite time while Council studies the issue. Mr. Bos asked what their alternatives would be - is there some other de- velopment mode? Mr. Robin said there is no easy answer - it may well involve a very substantial redesign of the entire project - this is not a practical thing for them to consider at this time. Mayor Sevila asked if they could ac- complish what they are proposing on these three plats under the proposed PD zone? Mr. Robin said they could, except that this would not take place until about a year later. As far as design is concerned, he believed they could. Mr. Niccolls believed the lots in the three applications filed are in the range of the present clustering rules. Mayor Sevila said there are a lot of advantages to pre-application discussions between landowners and developer and councilmembers and staff, but he emphasized the fact that these are by no means a full and formal review of the plan - they are merely an exchange of ideas. He reminded Mr. Robin that the public hearing on this matter will be March 14th. COUNCILMEMBERS' COMMENTS: Mr. Gheen said he has mentioned the possibility of a pre-budget confer- ence for Council - he hoped this could be done soon. Mr. Coffey reported that the Town Plan Task Force has met twice recently, with a great deal of public input, toward the formation of the transportation section of the Plan. They feel that staff can now formulate some of this input into a map and presentation that can then go to the Planning Commission and sub- sequently to Council. Though there are still some items unresolved, they feel like they are seeing daylight The next meeting is planned for March 13th, at which time the entire draft copy will be available for the Task Force to review and then hopefully on to the Planning Commission and the Council. MINUTES OF FEBRUARY 22, 1984 MEETING. Mr. Tolbert said he visited the airport today and talked with the gene-41 ral contractor. All the steel is in place and the masonry work will be com- -. pleted this week-end. Then they will clean up and start work on the interior. MAYOR'S REPORT: Mayor Sevila reported he has received a letter from the Junior Woman's Club of Loudoun regarding the creation of a Loudoun chapter of VODD (Virginians Opposed to Drunk Driving) . They will hold a meeting on March 27th at 8:00 p.m. in the old court house. This is an invitation to all members of council and all others interested in attending. They are not opposed to drinking, but to drinking and driving. Mayor Sevila noted an article in the Post today concerning local govern- ment's ability to negotiate with C&P. He explained that there is pending legis- lation that would require that rates set by C&P and other phone companies in Vir- ginia and approved by the State Corporation Commission would apply equally to county, town and city governments. This has been the suggestion of opposition by this council, by the Virginia Municipal League and the Virginia Association of Counties. This article addressed the fact that this legislation is pending and even touched on the likelihood of its passage. It did point out that there is vocal opposition. The BZA had a meeting last night on the Edwards Ferry Mews issue and ruled in favor of the petitioners (the neighbors and residents along Edwards Ferry N Road and other side streets most affected by this subdivision and rezoning) . W The ruling of the BZA, in effect, finds for those petitioners, holding that CO the record plat is in violation of the Zoning Ordinance. Q He has been talking with Mr. Culbert, principal of the high school - he is interested in working up a program with the council. They would like to have a mock town council meeting at the high school and would like the par- ticipation of staff and council members to the extent possible. He and Mr. Niccolls have been working on several "mock" issues - they want something that will stimulate some debate and encourage members of the senior class to address their mock council as we encourage town citizens to do. We hope this will be concluded with some lively debate by the council members (the high school seniors) and with a conclusive vote on the issue. The date tentatively set is March 22nd. MANAGER'S REPORT: Mr. Niccolls reported the following: (1) They do plan to schedule a pre-budget workshop as soon as possible. Don Taylor has been actively involved in the early stages of the budgeting arid will be prepared to have some discussion that will be beneficial to staff's work, as well as to Council. (2) The Public Works Committee meeting to discuss the western Loudoun water alternatives has been set for 10 o'clock tomorrow morning. (3) An amended Writ of Election has been entered to correct some defi- ciencies in the original petition and reflects the opinion of the Attorney Gene- ral's office given to the State Board of Elections on the assumption of office by councilmembers elected in the special election on May 1. (4) The item on legislation in the Activity Report did not cover the C&P rate bill. He understands it has been passed in the Senate and is being fought out in the House. He was interested to see that Mr. Rollins has gotten H.B. 355 out of the Cities, Towns and Counties committee (this is the little bill requested by us on historical celebrations) . (5) He called attention to some additional material on cable television matters attached to the agenda. (6) The Planning Commission has made committee assignments: the Zoning Committee will be comprised of Mrs. Curry, Mrs. Hill and Mr. Belles; Land De- velopment and Subdivision Committee will be Mr. Webb, Mr. Jackson and Mr. Belles; the Comprehensive Planning Committee will be Mr. Stowers, Mr. 'Jackson and Mrs. Curry. The next meeting of the Planning Commission is March 1st - they will confirm regular meeting dates and times for these committee meetings. He . believes they are going to schedule the Land Development and Subdivision Com- mittee meeting dates during the day, which will be beneficial to the staff. Also, some of the developers might find these daytime meetings convenient. MINUTES OF FEBRUARY 22, 1984 MEETING. 42 (7) Marc Weiss and the department directors are working up revisions to the Capital Improvements Program adopted last year to extend it one more year and modify the plan. (8) The water quality from the Potomac deteriorated tremendously during the recent high water. There were river stages at least 18 feet above normal with water lapping up against the side of the pump station within about six feet of the top of the station - these were remarkably high water levels. The normal level of turbidity in the river is about a measure 6 on a scale and during the flood stage it was at 600. The Treatment Plant performed per- fectly and delivered high quality water with no problems at all. Mayor Sevila asked that the Activity Reports be distributed on Mondays prior to the regular meetings if at all possible. Mr. Bos added that many of the issues with regard to the Town Plan are far from being resolved. Though there has been a lot of public input that was good, and perhaps some hasn't been there, the transportation and land use elements of the plan have elicited a tremendous amount of concern .in certain areas of the public and the development sector. There will be a lot of work for the Planning Commission and the Council in addressing some of these issues . They hope that some of the next meeting will be devoted to review of the plan in general so the Task Force can focus on the overall plan in terms that Leesburg is a nice place to live for a long time to come. He felt the members of the Task Force and the public are concerned about Leesburg growing in a proper way and maintaining the town as a pleasant place to live - he would like to see it stay that way. 84-0-10 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE TO ADD PROVISIONS FOR THE SUBDIVISION OF CERTAIN LOTS. On motion of Mr. Willis, seconded by Mr. Coffey, the following ordinance was proposed: WHEREAS, the Council on August 24, 1983 initiated amendment of the Leesburg Zoning Ordinance to allow the subdivision of certain lots of record on which two detached dwellings exist; and WHEREAS, the Planning Commission on January 5, 1984 conducted a pub- lic hearing according to the requirements of Section 15.1-431 of the Code of Virginia, as amended; and on January 5, 1984 recommended adoption of such an amendment; and WHEREAS, this Council on February 8, 1984 conducted a public hearing on the proposed amendments advertised in accordance with the require- ments of Section 15.1-431 of the Code of Virginia, as amended; and WHEREAS, the Planning Commission and this Council find that an amend- ment of the Leesburg Zoning Ordinance to provide regulations govern- ing the subdivision of lots of record on which two detached dwellings exist is required by the public necessity, convenience, general wel- fare and good zoning practice because: (1) These subdivisions create additional home ownership oppor- tunities in furtherance of the Comprehensive Plan; (2) These subdivisions will not affect the existing character of the town's neighborhoods; and (3) These subdivisions will enhance the economic viability of the structures assuring continued maintenance and repair. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir- ginia as follows: SECTION I. Article 8 of the Leesburg Zoning Ordinance is amended to add a new section, numbered 8-2-2.1, to read as follows: 8-2-2.1 Notwithstanding any other provision of this ordinance, any lot of record on which two detached single family dwell- ings exist at the time of enactment of this section may be subdivided provided that: (1) each lot created by the sub- division is at least 5,000 square feet in land area; - MINUTES OF FEBRUARY 22, 1984 MEETING. (2) each lot created by the subdivision abuts a public 43 street; (3) each lot created by the subdivision is at least 50 feet wide at its narrowest point; (4) the sub- division results in the creation of two lots, each with one of the existing dwellings thereon; and (5) if the Planning Commission determines that the lots created by the subdivision generally conform with the size of other lots in the immediate neighborhood. SECTION II. All ordinances and resolutions in conflict herewith are re- pealed. SECTION III. This ordinance shall be in effect upon its passage. Mr. Tolbert asked if this is the ordinance Judge Penn was concerned about? Mayor Sevila said it is, but he felt his concerns had been addressed. The ordinance was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Coffey, seconded by Mr. Tolbert, the following ordinance and resolutions were proposed and unanimously adopted as consent items: 84-0-11 - ORDINANCE - AMENDING CHAPTER 6 OF THE TOWN CODE REGARDING PRECINCTS N AND VOTING PLACES. WHEREAS, the expansion of the town's corporate boundaries by annexation CO effective midnight December 31, 1983 will require the addition of a vot- C ing precinct and adjustments in the boundaries of the three existing pre- cincts within the town; and WHEREAS, the Board of Supervisors for Loudoun County on February 21 amended the boundaries of precincts which include territory within the Town of Leesburg; and WHEREAS, the proposed boundary adjustments are consistent with the afore- mentioned action of the Board of Supervisors; and WHEREAS, the town has provided public notice pursuant to Section 24.1-92 of the Code of Virginia, as amended, of the proposed changes: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 6, Elections, of the Town Code is amended to read as follows: CHAPTER 6 ELECTIONS Sec. 6-1. Precincts. There shall be four voting precincts in the municipality as follows : (a) Precinct Number 5, West Leesburg Beginning at the Westernmost junction of State Route 7 and the Western corporate limit of the Town of Leesburg; thence North and East along the corporate limit of the Town of Leesburg to its junction with U.S. Business Route 15, also known as North King Street; thence South along U.S. Business Route 15, also known as North King Street, crossing State Route 7, to the junction of U.S. Business Route 15, or South King Street, with Davis Avenue; thence West on Davis Avenue to its junction with Valley View Avenue; thence North on Valley View Avenue to its junction with Catoc- tin Circle; MINUTES OF FEBRUARY 22, 1984 MEETING. 44 thence West on Catoctin Circle to its junction with Dry Mill Road; thence North on Dry Mill Road to its junction with the Town Branch; thence West along the Town Branch to its junction with the Western extension of Catoctin Circle; thence North along Catoctin Circle to State Route 7; thence West on State Route 7 to the point of beginning at the Westernmost junction of the Western corporate limit of the Town of Leesburg and State Route 7. (b) Precinct Number 6) East Leesburg Beginning at the junction of State Route 7, or Market Street, and U.S. Business Route 15, or King Street, in the center of Lees- burg; thence South along U.S. Business Route 15, or King Street to Catoc- tin Circle; thence Northeast along Catoctin Circle to its junction with State Route 7, or Market Street; thence East along State Route 7 to the Eastern corporate limits; thence North and West along the Eastern and Northern corporate limit lines to the Northernmost junction of U.S. Route 15 Busi- ness and Northern corporate limit; thence South along U.S. Route 15 Business, or King Street, to the junction of State Route 7, or Market Street, and U.S. Route 15 Business, in the center of Leesburg. (c) Precinct Number 16, Dry Mill - Dulles Beginning at the Westernmost junction of the Western corpor- ate boundary of the Town of Leesburg and State Route 7; thence East on State Route 7, which is West Market Street, to its junction with Catoctin Circle; thence South on Catoctin Circle to its junction with the Town Branch; thence East along the Town Branch to its junction with Dry Mill Road; thence South along Dry Mill Road to its junction with Catoctin Circle; thence East on Catoctin Circle to its junction with Valley View Avenue; thence South on Valley View Avenue to its junction with Davis Avenue; thence East on Davis Avenue to its junction with U.S. Business Route 15, also known as South King Street; thence North on U.S. Business Route 15, also known as South King Street, to its junction with Catoctin Circle; thence East on Catoctin Circle to its junction with State Busi- ness Route 7, also known as East Market Street; thence West on East Market Street to its junction with State Route 7/15 Bypass; 1 MINUTES OF FEBRUARY 22, 1984 MEETING. 45 thence West and North along State Route 7/15 Bypass to the West- ernmost junction of the Western corporate boundary of the Town of Leesburg and State Route 7. (d) Precinct Number 17, Simpson Beginning at the point of Southern junction of State Route 7 and the State Route 7/15 Bypass; thence West along the U.S. Route 7/15 Bypass to the Western cor- porate limits; I thence South along the Western corporate limits to State Route 654; thence East along the corporate limit to State Route 7; thence East along State Route 7 to its junction with State Route 7/15 Bypass. Sec. 6-2. Voting Places. The election of municipal officials and the voting place for such election in Precinct Number 5, West Leesburg, shall be at the Leesburg N Volunteer Fire Department Building; the election of municipal officials and the voting place for such election in Precinct Number 6, East Lees- NI burg, shall be at the Loudoun County Rescue Squad Building; the election w of municipal officials and the voting place for such election in Precinct co Number 16, Dry Mill-Dulles, shall be at the Loudoun County High School; a and the election of municipal officials and the voting place for such ehction in Precinct Number 17 , Simpson, shall be the J. Lupton .Simpson Middle School. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. • i SECTION III. This ordinance shall be effective upon approval of the At- I ' torney General of the United States of the changes in the precinct boun- daries and voting places pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. Section 1973(c) . Mayor Sevila suggested that perhaps the Times-Mirror would publish a small map showing these boundary lines. 84-24 - RESOLUTION - CONSENTING TO APPOINTMENTS TO THE ENVIRONMENTAL ADVISORY COMMISSION. WHEREAS, the Environmental Advisory Commission was established by Ordi- nance No. 83-0-32 on October 26, 1983 to enhance the quality of life in Leesburg; and WHEREAS, citizen and business participation is needed in this effort; and WHEREAS, the mayor has made the following appointments subject to the consent of the town council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The consent of the town council is given to the appointment of the following persons to the Environmental Advisory Commission for terms ending January 30, 1985, in accordance with Chapter 2, Article VIII of the Town Code: Francis X. Carney Nathaniel B. Jacques, Sr. Rosalin Dietz Colin MacDiarmid Fred Z. Hetzel Peter Packard SECTION II. The consent of the town council is given to the appoint- ment of the following persons to the Environmental Advisory Commission for terms ending January 30, 1986, in accordance with Chapter 2, Article VIII of the Town Code: MINUTES OF FEBRUARY 22, 1984 MEETING. 46 Jason Cohen Burke McCahill Janet C. Frey Robert F. Montgomery, Jr. James M. Hudson Alan Raflo Vance Lee Fowler Mayor Sevila said Council was pleased to have received more applications than they could appoint on this commission. Letters are being sent to those who were not appointed, with the request that their names be retained on the list. 84-25 - RESOLUTION - ENDORSING THE VIRGINIA AVIATION COMMISSION'S PROPOSED AUTOMATED WEATHER REPORTING SYSTEM NETWORK AND SB 270. WHEREAS, the governor's proposed budget for the 1984-86 biennium in- cludes $400,000 in state general funds to match $3.6 million in federal - funds for the installation of aviation navaids and automated weather reporting systems at various airports throughout the Commonwealth; and WHEREAS, Leesburg Municipal Airport is scheduled to receive an advanced weather reporting station (AWRS) under this plan; and WHEREAS, an AWRS will provide real time local weather information to pi- lots using Leesburg airport; and WHEREAS, an AWRS will permit Leesburg's fixed base operator to conduct part 135 air taxi charter services into Leesburg under instrument condi- tions thereby enhancing the aeronautical services available at the air- port; and WHEREAS, the installation of an AWRS will improve the safe operation of both commercial and noncommercial aircraft; and WHEREAS, S270, now in the House Finance Committee, will raise more than $425,000 through increased fuel taxes from major fuel users which will help finance the state's AWRS and Navaid programs : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This council endorses the inclusion of $400,000 in state general funds for the 1984-86 biennium to support a statewide installa- tion of navaids and automated weather reporting systems at selected air- ports within the Commonwealth. SECTION II. This council supports the passage of SB 270. SECTION III. The manager shall transmit a copy of this resolution to Senator Charles Waddell, Delegate Kenneth Rollins, the House Finance Committee and Virginia Department of Aviation. Mr. Minor said they received a call today from Colonel Plentl of the Virginia Department of Aviation asking for Council's support for this bill: This tax impacts only four or five air carriers in Virginia, none of whom use Leesburg Airport. He has heard nothing from Senator Waddell nor Delegate Rollins - gene- rally they look to Council for its input. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-26 - RESOLUTION - AUTHORIZING AGREEMENTS AND APPROVING A PERFORMANCE BOND FOR THE NORTH STREET PARKING LOT DEVELOPMENT PLAN. On motion of Mr. Willis, seconded by Mr. Coffey, the following resolution was proposed: WHEREAS, the Planning Commission on February 2, 1984 granted prelimi- nary approval of the development plan for the North Street parking lot at the southwest corner of N. King Street and North Street; and WHEREAS, off-site drainage improvements are required in addition to those outlined in the town's adopted storm drainage master plan: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1 MINUTES OF FEBRUARY 22, 1984 MEETING. SECTION I. The manager shall execute the contract for public improve- 47 ments for the North Street parking lot development. SECTION II. The cash performance bond in the amount of $2,059.00 guaran- i teeing installation of public improvements in accordance with plans ap- proved by the Director of Engineering and the Planning Commission for the North Street parking lot development is approved. SECTION III. The manager is authorized to execute, on behalf of the town, an escrow account agreement in a form approved by the town attor- ney in the amount of $1,588.00, such funds to be used for future storm drainage improvements to West North Street. I SECTION IV. This resolution shall be effective upon review and approval of all above mentioned documents by the town attorney prior to execution and acknowledgment by the manager. Mr. Bos asked what the Planning Commission has required as far as screening or landscaping is concerned? Mr. Weiss said they have to meet the general require- ments of the Zoning Ordinance - nothing beyond that. Mr. Niccolls said these amounts have been approved by the Town Engineer. The resolution was unanimously adopted: NAye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. N Nay: None. W 84-27 - RESOLUTION - ACCEPTING A DEED OF DEDICATION FROM MID-SOUTH MOTEL CORP. CO FOR THE ECONO-LODGE MOTEL. Q On motion of Mr. Tolbert, seconded by Mr. Willis, the following resolution was proposed after explanation by Mr. Niccolls that approval of a commission per- mit for Prosperity Avenue should be included: WHEREAS, the Planning Commission has approved a development plan for the Econo-Lodge Motel adjacent to East Market Street and the commission per- i mit for Prosperity Avenue, which calls for construction of a 230-foot I segment of public road; and WHEREAS, Council authorized the contract for public improvements and ap- proved a performance guarantee for installation of that road and re- lated utilities; and WHEREAS, Council affirms the approval of a commission permit for Pros- perity Avenue: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Deed of Dedication for the road to serve the Econo-Lodge south of East Market Street is approved and the manager shall acknowledge such on behalf of the town. SECTION II. This resolution shall be effective upon review and approval of the Deed of Dedication by the town attorney prior to execution and acknowledgment by the manager. After lengthy discussion, this resolution was unanimously adopted: Aye: thuncilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. I 84-28 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE BOND FOR FLINT RIDGE SCHOOLS, INC. DEVELOPMENT PLAN FOR CARDI- NAL INDUSTRIAL PARK, LOT 3. On motion of Mr. Bos, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Planning Commission granted preliminary and final approval for the Flint Ridge Schools, Inc. development plan for Cardinal Indus- trial Park, Lot 3, subject to Council approval of the performance guaran- tee: q MINUTES OF FEBRUARY 22, 1984 MEETING. 4 8 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improve- ments for the Flint Ridge Schools, Inc. development plan for Cardinal Industrial Park, Lot 3. SECTION II. The performance guarantee in the amount of $7,150.00 guaran- teeing installation of public improvements in accordance with plans ap- proved by the Director of Engineering for the Flint Ridge Schools, Inc. development plan for Cardinal Industrial Park, Lot 3 is approved sub- ject to approval by the Town Attorney. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-29 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE BOND • TO GUARANTEE INSTALLATION OF PUBLIC IMPROVEMENTS FOR SEC- TION 1, RAYMOND R. RODRICK SUBDIVISION. On motion of Mr. Bos, 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 execute the contract for public improve- ments for Section 1, Raymond R. Rodrick Subdivision. SECTION II. The performance bond of Raymond R. Rodrick in the amount • t of $2,946.20 to guarantee installation of public improvements for Sec- tion 1, Raymond R. Rodrick Subdivision, in accordance with plans ap- proved by the director of engineering, is approved on the condition that a deed of trust from Raymond R. Rodrick to George M. Martin, Trus- tee, on Lots 1 and 2, Section 1, Raymond R. Rodrick Subdivision shall be recorded, which trust shall secure the terms, conditions, covenants and payment to the Town of Leesburg as set forth in said performance bond. SECTION III. The developer shall submit a title certificate that such deed of trust is a first lien on said land. SECTION IV. The performance bond, the deed of trust and title certifi- cate shall be subject to review and approval by the town attorney. The developer shall further submit an appraisal to the town attorney for ap- proval, and the said appraisal shall show the value of the lots exceed the amount of the performance bond that is required above. Mr. Niccolls explained that these are two lots behind the existing dwelling - there are no extensions needed for water or sewer connections. The bond calls for the reconstruction of the curb and gutter with driveway aprons and side- 1 walks. Mr. Coffey had some questions concerning the amount of the performance bond, should there be a default, there might not be enough left to pay for it. Mr. Martin said the only costs would come out of the proceeds of the sale. Mayor Sevila suggested that in the future we require the amount shown on the appraisal exceed the amount of the bond by a certain percentage. The reso- lution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. Mr. Martin advised that Mr. Rodrick is willing to convey the property without any further problems at this time. 84-30 - RESOLUTION - MAKING A SECOND REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR SILVER OAKS SUBDIVISON. On motion of Mr. Gheen, seconded by Mr. Coffey, the following resolution was proposed: WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus and the town's Director of Engineering have reviewed the public improve- ments installed to date in Silver Oaks Subdivision and certify that the value of work performed is $454,068.00 and the remaining amount of work is approximately $280,811.00, including retention; and MINUTES OF FEBRUARY 22, 1984 MEETING. WHEREAS, a $734,879.00 Equitable Federal Savings and Loan Associa- 49 tion of Wheaton, Maryland set aside letter has been provided by the developer and approved by Council to guarantee installation of pub- , lic improvements in Silver Oaks Subdivision; and WHEREAS, the town has agreed, when appropriate, to decrease the per- formance guarantee by reducing set aside bank funds by the value of the work completed on the public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Equitable Federal Savings and Loan Association set aside letter originally in the amount of $734,879.00 is reduced to $280,811.00. SECTION II. The manager shall notify the developer, Sycolin Forest Associates, Inc. , that liability for set aside funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Silver Oaks Subdivision. After discussion concerning the amount to be retained for the remainder of the work to be completed, the resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. CO Nay: None. Q Mayor Sevila asked that all future resolutions concerning reductions for public improvements completed include the words "including retention." 84-31 - RESOLUTION - MAKING APPROPRIATION FOR POLICE VEHICLE FOR FISCAL YEAR 1984. On motion of Mr. Tolbert, seconded by Mr. Willis, the following resolution was proposed and unanimously adopted: WHEREAS, a 1984 Ford police vehicle, fully equipped, is available from I I World of Ford Sales, P.O. Box 7068, 6129 Richmond Highway, Alexandria, Va. 22307 under State bid: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : An appropriation is made from the General Fund, unappropriated fund bal- ance, to Account No. 3101.701, Automotive Equipment, in the amount of $10,630.00 for fiscal year 1984 . Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. ;584-32 - RESOLUTION - MAKING APPROPRIATION FOR FISCAL YEAR 1984. On motion of Mr. Bos, seconded by Mr. Coffey, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the Road Construction Capital Project Fund unappropriated fund balance to account number 8200.702, Design, in the amount of $5,000 to remain in effect until the project is complete. Mr. Niccolls explained that this is to provide funds for preliminary engineering and surveys associated with Catoctin Circle North through the Jewell property. It is recommended that they use funds that are surplus in the street and road improvement bond issue so this would have no impact on the General Fund. Mr. Bos commented that some staff members had eliminated this from the transporta- tion element of the Town Plan, however, VDH&T felt very strongly that it be- longs in the plan. Removing it would create a pretty tremendous impact on the outer roads of Leesburg. Mr. Coffey said they also discussed the fact that perhaps it should be four-lane, or something comparable to Catoctin Circle South. Mayor Sevila understood the staff has always recommended the acquisition and com- pletion of this portion of North Catoctin Circle. He asked if this money is to MINUTES OF FEBRUARY 22, 1984 MEETING. 5 O be used for some preliminary appraisal work? Mr. Niccolls said this work will be done by tentative agreement proposed by Mr. Jewell. This is just to stake it out so the appraisal can be done - we will end up with a survey plat of the proposed right-of-way and the geometrics to show where the lanes would fall. Mr. Gheen understood any so-called deficit would be taken out of surplus from another appropriation. Mr. Niccolls explained further. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. There will be a special workshop on March 5 on the Planned Development Regulations. Also, the regular meeting of March 28 will be moved to March 21 - there will be no workshop prior to that meeting. On motion of Mr. Gheen, duly seconded, the meeting was adjourned. / Mayor Clerk of th4 Council • MINUTES OF PUBLIC WORKS COMMITTEE MEETING, FEBRUARY 23, 1984. The Public Works Committee of the Leesburg Town Council met at the Council Chambers at 10:00 A.M. , February 23, 1984 with the following present: Chairman Howard M. Willis, Jr. and members Charles A. Bos and Edgar L. Coffey, Jr. ; John Niccolls, Andrew G. Shope, Donald 0. Taylor, Jeffrey H. Minor and Ran- dolph W. Shoemaker. Committee members discussed the possible sale of water to the Loudoun County Sanitation Authority for resale to the towns of Hamilton, Purcellville and Round Hill. Members agreed informally to replace this matter on the March 7 Council workshop for further consideration. The chairman adjourned the meeting at 11:15 A.M. /C,'-' . Z-€C6. /� Howard M. Willi , Jr. ,. Jo n iccolls Acing Clerk 1