HomeMy Public PortalAbout1984_06_27 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON 143
SINGLE-FAMILY DWELLINGS IN CLUSTER DEVELOPMENTS, JUNE 27, 1984.
A regular meeting of the Leesburg Town Council was held on June 27, 1984
at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia.
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. Coffey. Present
were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey,
Jr. , Marylou Hill, John W. Tolbert, Jr. , Charles J. Williams and Howard M.
Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor,
Director of Engineering Andrew G. Shope, Assistant Engineer Mohammed Alam,
Director of Finance Donald 0. Taylor, Director of Utility Plants Randolph W.
Shoemaker and Town Attorney George M. Martin.
On motion of Mr. Tolbert, seconded by Mrs. Hill, the minutes of the regu-
lar meetings of March 21, 1984 and April 11, 1984 were unanimously approved as
submitted:
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
PETITIONERS:
! Mr. Reginald K. Gheen, former councilmember, asked permission to address
Council concerning the Wastewater Treatment Plant, an item on the agenda to-
night. Permission was granted. The decision to upgrade this plant goes back
! about eight years. On September 28, 1983, Council directed the manager to pre-
pare and distribute competitive negotiation procedures and to request pro-
posals from qualified firms and to prepare a report and recommendation to the
Council. A staff report was delivered to Council on January 4, 1984 and a
selection team consisting of the Town Manager, Director of Finance, Director
of Utility Plants and Engineering was organized to evaluate qualification
statements and proposals and to make recommendations to the Council concern-
ing the award of a contract for construction engineering services. On March 1,
the selection team reported it had evaluated 13 qualification statements and
determined the five most qualified firms. It was anticipated that a detailed
request would be prepared and presented for Council action at its first meet-
ing in May. The present council should act on this recommendation tonight
and not delay the action for incoming new members of Council. Failure to act
at this time may put the entire grant at risk and jeopardize the project.
Mr. Walter Murray, former councilmember for 11 years and former member
of the Planning Commission and Board of Architectural Review, recalled the
problems overcome prior to the construction of the present treatment plant
and urged that the councilmembers who will be serving on this council should
be the ones to vote on it.
PRESENTATION OF CERTIFICATES OF APPRECIATION:
A Certificate of Appreciation was presented to Mr. Terry Titus of Bengt-
son, DeBell, Elkin & Titus for assistance with the East Market Street design
project. Mr. Titus accepted the award and recognized Mr. Dave Bowers, who
did most of the work.
Mayor Sevila also presented Certificates of Appreciation to members of the
Town Plan Task Force, adding that he attended most of these meetings and they
were"yeomen"- they worked very hard. Practically every work session they had
turned into a public hearing, but they were able to absorb most of the com-
ments. They went on field trips and took the job very seriously - this is the
kind of participation by citizens that all of the citizens owe a great debt
of gratitude. Members receiving these certificates were Charles A. Bos, Edgar
L. Coffey, Jr. , Katherine R. Curry, Marylou Hill, Mervin V. .Jackson, E. Joseph
Kelly, H. Wendell Kline, 0. B. Knight, Frank Raflo and Bruce Roberts.
PUBLIC HEARING ON PROPOSED AMENDMENT TO LEESBURG ZONING ORDINANCE RE REGULATIONS
CONCERNING SINGLE-FAMILY DWELLINGS IN CLUSTER DEVELOPMENTS.
Mr. Niccolls gave a brief staff report, stating that Council initiated
amendment of the Zoning Ordinance to add this new section dealing with single-
family dwellings on separate lots in cluster developments, which may be attached
at the side or rear by a party wall. These provisions were initiated by Council
for the purpose of clarifying ambiguities that were apparent in the regulations
concerning cluster developments. This was done by Council to eliminate any
question as to whether these are (or are not) permitted within the meaning of
the present Zoning Ordinance.
144 MINUTES OF JUNE 27, 1984 MEETING.
1 Mr. Arl Curry said this section does not spell out what districts this
would apply to - there is no mention that it is in an R-1 district. This is
just another example of what has been done to our Zoning and Subdivision Ordi-
nances in the last few years - the land use ordinances have been gutted to the
point where they are of little or no use. If we expect the Planning Commis-
] sion to do their job, we have to give them the tools with which to do the job.
These ordinances need a complete overhaul. This would, in effect, change land
from R-1 to R-2 and he did not think the cluster regulations were intended to
be used in this way - there are provisions in the ordinance for changing the'
zoning of a piece of land. If a developer wants to build .attached housing,
he should buy land that is zoned R-2 or apply for a zoning change. The Plan-
ning Commission, on May 17, 1984, unanimously recommended that Section 8-2-11-7
not be adopted - the Council should follow the Commission's recommendation.
Mr. Grayson Hanes, attorney representing Mr. Al Perry, developer of the
proposed Foxridge Subdivision, to which this proposed amendment would be rele-
vant, said Mr. Perry entered into an .agreement with the town on August 21, 1981
which said the town would move forward to adopt amendments consistent with the
conceptual plan he had submitted. Relying on this agreement, he filed a pre-
liminary plat, which was approved in September 1981 and has been updated each
year - it is in effect at this time. He purchased the land, with an approved
preliminary plat showing 208 units attached. He has now entered into an agree-
ment with a builder to develop that property. He has relied on the veracity and
credibility of the town and the town is moving forward with this obligation un-
der that agreement. Though there is some question as to whether this clarifi-
cation is needed, it would be helpful. He understood the Town Attorney ruled,
in March of this year, that you could have attached lots under the cluster de-
velopment. He also understood that the Zoning Administrator so ruled and no .
appeal was taken in 30 days so this is, therefore, the law of this. jurisdiction.
The Planning Commission has recommended denial because the town is going to
abolish cluster development. However, you would still have cluster, because
Mr. Perry is vested in his zoning in his subdivision. This type of development
is used successfully in many jurisdictions to the benefit of both the developer
and the jurisdiction. He asked for recommendation and approval of this proposed
amendment.
Mr. Mike Rich, of 159 Edwards Ferry Road, said we seem to keep going over
the same ground. Cluster zoning, in general, is a problem - it has been dis-
cussed numerous times when they talk about density. There exists a debate on
how to determine the density - this has not been addressed and this change does
nothing to help clarify it - if anything, it makes matters worse. They are look-
ing for a way to put multi-family housing in the R-1 district and he is totally
opposed to this. He also thought cluster was subject to withdrawal. He did
not believe Council has any obligation to Foxridge to allow them to have zero
lot lines. Their problem is that their lots are too small to build a house on -
they can reconfigure the lots and not have the houses abut against each other.
He passed around some pictures from Fairfax concerning zero lot lines - they
were trying to build single-family houses where there were to be townhouses,
so there are different ways to approach it. This amendmentwould affect all of
those in town adjacent to any property that would qualify for cluster develop-
ment, including the majority of the annexed area. He would like Council to turn
down this amendment.
Mr. Alton Echols, of 1 West Loudoun Street, said if the town has
made contractual obligations to anybody, then they have to be honored. Has he
been told by the town that it would allow him to have zero lot lines and would
amend its ordinance to allow them in R-1 and R-2, or has he been told he can get
208 lots and if he wants to build duplexes we will allow it? If this is the town's
obligation, then why not rezone the land to R-2, with proffers that would get it
in the same condition, rather than creating something else in the ordinance? We
should have learned by other mistakes in the last year or two. We have Exeter
with duplex lots of 2800 square feet because of the cluster ordinance, when in
a townhouse zone, an inlot zone by law should have 3,000 square feet. This de-
fies all reason, logic and common sense. A decision such as this is perhaps not
as crucial in time element as what is involved with the water contract. This
hearing could be continued until next Council meeting, when there will be two
new members on council. The public needs to know the facts and what it is al-
ready obligated to. Certainly cluster development and zero lot lines have a
valid place in the U.S. , but it was never intended to create rental units within
that area. These things should be studied before action is taken. He urged
each councilmember to defer this issue until the next council meeting and to
continue the hearing to allow new members to have an idea of just what they are
working with. Mayor Sevila asked if he feels the town's approval of the plat
MINUTES OF JUNE 27, 1984 MEETING. 1 4 5
filed with the Perry agreement is not binding on the town? Mr. Echols was not
sure, but doubted that either the Mayor or Mr. Martin would like to offer an
opinion - they should find out if there is a problem rather than end up in a
lawsuit. He felt he deserved an answer and that each councilmember did as well.
COUNCILMEMBER DISCUSSION:
On motion of Mrs. Hill, seconded by Mr. Williams, it was proposed to re-
fer this matter to workshop. Mayor Sevila advised that two weeks ago, the ques-
tion arose as to whether Mr. Perry could move forward with his Foxridge develop-
ment while this issue remains unsettled - he had assumed a vote would be taken
tonight following the public hearing. After lengthy discussion on this matter,
the motion to refer this ordinance back to workshop was defeated by a vote of
4 to 3:
Aye: Councilmembers Coffey, Hill and Williams.
Nay: Councilmembers Bos, Tolbert, Willis and Mayor Sevila.
84-0-23 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE.
On motion of Mr. Bos, seconded by Mr. Willis, the following ordinance
was proposed:
ict
r- WHEREAS, the final plat of all cluster developments approved under Sec-
tion 8-2-11-8 of the Leesburg Zoning Ordinance shows lot areas, yards
W and lot widths as varied by approval of the plat and governs the lo-
CO cation of buildings on each lot; and
Q WHEREAS, cluster developments may contain lots on which side yard re-
quirements have been varied to zero feet thereby permitting, as intended
by the Council, single-family dwellings on separate lots to abut or ad-
join or utilize common or party walls; and
WHEREAS, Council initiated amendment of the Zoning Ordinance to add a
new section 8-2-11-7 on March 21, 1984; and
WHEREAS, the Planning Commission conducted a public hearing on May 17,
1984 and made its required recommendation; and
WHEREAS, Council conducted a public hearing on June 27,.1984 at which
persons affected appeared to present their views; and
WHEREAS, Council finds that the proposed amendment of the Zoning Ordi-
nance is required for the public necessity, convenience, general wel-
fare and good zoning practice because: (1) it provides flexibility in
the siting of cluster developments, and (2) it eliminates questions
about permissible dwelling configurations in a cluster development:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is amended to add a new section,
to be known as Section 8-2-11-7 to read as follows:
8-2-11-7 A dwelling designed for, or occupied by, one family,
including not more than two rooms for roomers, which
is situated on a separate lot in a cluster develop-
ment may be attached at the side or rear to not more
than one such other dwelling by a party wall without
openings, provided that the approved final plat of the
cluster subdivision establishes yard requirements per-
mitting such attachment.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
After some further discussion, the ordinance was adopted by a vote of 4 to 3:
Aye: Councilmembers Bos, Tolbert, Willis and Mayor Sevila.
Nay: Councilmembers Coffey, Hill and Williams.
146 MINUTES OF JUNE 27, 1984 MEETING.
COUNCILMEMBER COMMENTS:
Mr. Bos hoped everyone was aware that the Certificate presented to Bengt-
son, DeBell, Elkin & Titus was in recognition of the surveying and engineering
work they did at no cost to help with the East Market Street beautification
project. Also, those members of the Town Plan Task Force, other than town em-
ployees, should be commended for theirtime and efforts on this committee. He
also enjoyed working with Mr. Coffey and Mr. Willis and felt they could take
pride in the South Harrison Street project, the Flight Service Station, imple-
mentation of the Capital Improvements Program, as well as many other items.
These show the town is headed in a sophisticated direction.
Mr. Williams expressed his appreciation to Mr. Coffey and Mr. Willis also
and wished them well.
Mrs . Hill seconded these comments.
Mr. Willis thanked Mr. Niccolls and the staff for their cooperation in the
last four years and wished the new members successful terms on the Council.
Mr. Coffey also thanked the Mayor and councilmembers for their support and
help, as well as Mr. Gheen. He found it to be an interesting two years and felt _
he had learned a great deal. He also thanked Mr. Niccolls and the staff for
their cooperation and help - it has been a good experience. He wished every
resident had an opportunity to serve six months to a year on Council - it would
be excellent experience.
Mr. Tolbert also enjoyed working with Mr. Coffey and Mr. Willis and said
he would miss them.
Mayor Sevila enjoyed serving with Mr. Coffey and Mr. Willis as well for the
last two years. However, they operate a democracy here and have to face these
changes with mixed emotions - change is inevitable and you recognize it as part
of the process. Mr. Coffey was "hand-picked" to fill a vacancy and he never let
one of them down - he always had the best interest of the town at heart. He.
wished them both Good Luck.
MANAGER'S REPORT:
Mr. Niccolls called attention to the written Activity Report. He also
commented that Mr. Coffey and Mr. Willis, as well as Mr. Gheen, always made . _
the job for those who work for the town a lot easier and more pleasant. He
thanked them for their support, cooperation and occasional prods.
LEGISLATION:
84-0-24 - ORDINANCE - A`fENDING THE LEESBURG ZONING MAP IN RE #ZM-47.
On motion of Mr. Tolbert, seconded by Mr. Willis, the following ordinance
was proposed:
WHEREAS, Rezoning Application 1147 by Tunis H. Campbell and Doris Campbell
was referred to the Planning Commission on March 21, 1984; and
WHEREAS, the Planning Commission on April 19, 1984 held a public hearing
on the application for rezoning; and
WHEREAS, the applicant's written proffer was presented to the Planning
Commission prior to the commission's recommendation; and
WHEREAS, on May 17, 1984 the Planning Commission adopted a resolution
recommending to the Council approval of the rezoning request; and
WHEREAS, the Council held a public hearing on June 13, 1984; and
WHEREAS, it is determined that the public necessity, convenience, gene-
ral welfare and good zoning practice require the amendment because:
(1) existing commercial areas are located adjacent to the subject prop-
erty and (2) this request is a logical extension of an existing B-2 area:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
MINUTES OF JUNE 27, 1984 MEETING. 147
SECTION I. The Leesburg Zoning Ordinance is amended to revise the
I zoning district map to change from R-2 to B-2 the 8,733 square feet
of land located on the south side of Davis Avenue and shown on the
plat submitted with the application dated January 1984 by Bengtson,
1
DeBell, Elkin & Titus, subject, however, to the following conditions
proffered by the applicant pursuant to Section 15.1-491 of the Code
of Virginia, as amended, and Section 11-8-4 of the Leesburg Zoning
Ordinance:
(a) The applicants shall plant a double row of white pine trees 30
feet on center along the Wirt Street right-of-way between their prop-
erty and the Southgate development. The trees will be stagger planted
to provide an opaque screen and shall be four to six feet in height
when planted.
(b) The applicants shall plant two groups of dogwood trees along
their South King Street property line. The two groups shall be
planted at the corners of the property and the trees shall be three
to four feet in height when planted.
(c) The applicants shall permanently restrict parking on the prop-
erty which is the subject of this rezoning (Map 48-B, Parcel 30)
from the adjacent car repair business.
I
(d) The applicants shall provide a payment and performance bond to
ensure installation of the landscaping as provided in proffers 1 and
2.
SECTION II. This ordinance shall be in effect upon its passage.
Mayor Sevila said this matter was the subject of a public hearing and proffers
were reviewed by Council - Mr. Martin says they are legally binding. The ordi-
nance was unanimously adopted:
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
I
Mayor Sevila.
I Nay: None.
84-95 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON RE-
ZONING /IZM-48 BY LAWRENCE N. GRANT.
i Mayor Sevila explained that questions were raised at a prior public hear-
ing concerning proffers for the proposed use of this property, which abuts resi-
dential lots on Edwards Ferry Road. Mr. Ken Stock, attorney representing the
applicant, said the drawings presented at that hearing were a conceptual repre-
sentation of the type of development .proposed - they are thinking in terms of
small shops on the first floor and offices on the second. Mayor Sevila explained
that the proffers should take out the offensive uses in the B-2 area and that the
proffers must be received in advance of the public hearing - therefore, another
public hearing will have to be held - this could be done on July 25th.
On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution
was proposed and unanimously adopted:
I
i
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider Rezoning ZM-48 by Lawrence N.
Grant to have rezoned from R-2 to B-2 14,375 square feet of land lo-
cated on the north side of East Market Street, bounded by the prop-
1 I erties of Fisher and Bishop on the north, the property of Lininger
on the east, the property of Ray Martin, et al, Trustee, on the south
and west, shall be published in the Loudoun Times-Mirror on July 5,
1984 and July 12, 1984 for public hearing on July 25, 1984 at 7:30
p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Vir-
ginia.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
MINUTES OF JUNE 27, 1984 MEETING. 148
84-96 - RESOLUTION - AUTHORIZING A CONTRACT WITH CAMP, DRESSER & McKEE FOR
CONSTRUCTION ENGINEERING SERVICES FOR WASTEWATER TREAT-
MENT PLANT IMPROVEMENTS AND MAKING AN APPROPRIATION.
On motion of Mr. Willis, seconded by Mr. Bos, the following resolution was
proposed:
WHEREAS, the Environmental Protection Agency and State Water Control
Board reviewed and approved the town's design of the sewage treatment
plant upgrade and expansion project and approved a Step III construc-
tion grant in the amount of $6,096,260; and
WHEREAS, it is necessary that construction engineering services begin
1 immediately to allow construction to begin as soon as possible:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager shall enter into a contract with Camp, Dresser &
McKee of Annandale, Virginia for construction engineering services for
the sewage treatment plant upgrade and expansion project on a cost plus
a fixed fee basis in an amount not to exceed $993,000. All portions of
the contract except the bidability and constructability review, general
1 project overview and dechlorination design are conditional upon approval
by the U. S. Environmental Protection Agency and State Water Control Board.
SECTION II. The manager shall make an amended Step III grant applica-
tion under public law 92-500 as amended to request an extension of time
for start of construction of the project to January 1, 1985.
SECTION III. An appropriation is made from the unappropriated balance
of the utility fund to Account No. 8400.260 in the amount of $944,500
to remain in effect until the project is complete. This appropriation
is conditional upon approval of the engineering services contract author-
ized above by the U. S. Environmental Protection Agency and State Water
Control Board.
SECTION IV. An appropriation is made from the unappropriated balance of
the utility fund to Account No. 8400.260 in the amount of $48,500 to re-
main in effect until the project is complete for the purpose of proceed-
ing with bidability and constructability review, general project over-
view and dechlorination design for the project.
On motion of Mr. Williams, seconded by Mrs. Hill, a substitute-motion was pro-
posed thataction on this matter be rescheduled for the July 11th meeting. How-
ever, Mayor Sevila ruled this out of order, but recognized discussion in oppo-
sition to the motion on the floor. Mr. Williams then expressed his feeling that,
due to the enormous financial involvement related to the wastewater treatment
plant improvement project, _ the potential for large cost overruns in the
construction aspect of the project which may necessitate further council evalu-
ationand that this council is being asked to permit the manager to enter into
a $1,000,000 contract for professional engineering services without the council
ever having seen or evaluated the contract, it would be wise to reschedule this
engineering contract for action at the July 11 meeting. This would allow the
new council, which will have oversight responsibility for the ongoing project
and the responsibility for the overall success or failure of the project, to
make the final decision on all legal and financial aspects of this project.
Mr. Coffey felt the new council should act on a project of this magnitude since
they are the ones who will have to live with it. He could see no irregularity
or any violation on the part of the staff - apparently they have followed the
rules and regulations on competitive negotiation. He would like to see action
on thismatter_deferred for a couple of weeks. Mr. Bos said the whole purpose
of the negotiation process has been, through a series of steps, to insure a
good quality contractor without low bids being the primary factor - this process
has been recognized by the State and many municipalities as a good way to get
professional services. He thought this council has the responsibility of act-
ing on this. Mr. Willis felt this has been debated for a long time and the
staff has in excess of 600 hours involved. If we go through this process again
and spend another 600 hours on it, the cost will be even higher. He was con-
cerned that if this is pushed off for another couple of weeks or more, we may
not get started on construction in time and may jeopardize the entire grant.
MINUTES OF JUNE 27, 1984 MEETING. l 1 9
4
Mr. Williams felt we had probably the five best engineering firms avail-
able.
J
able. He understood that one of those firms today reported over WAGE Radio that
they would stand by their initial offer to do this particular work, withstanding
the change of scope - they said they would do this work for a quarter of a mil-
1 lion dollars?ehsan this firm we are talking about. That is substantial funds
and he doesn't think it requires 30 - 60 - 90 days, he believed we could get on
with this work in a very short period of time.
Mayor Sevila said this process did not begin here tonight - it began last
September and it began in part with the adoption of the Purchasing Policy Manual,
in which this town has approved a method sanctioned by the State Code for the
I
purchase of professional services. This is a long-term relationship and one
which has significant consequences. There is a temptation, particularly with
this Council where we have had a turnover of three of the six members, to put
everything off. In this particular case, we authorized our staff to begin this
competitive negotiation process in September of last year and they have reported
to Council on a frequent basis - they have followed the steps of the Purchasing
Policy Manual to make this determination. Council has had ample time and justi-
fication from the staff and it is incumbent on the Council to recognize the va-
lidity of the process, the competency of our staff and to accept its recommenda-
tion on this proposal. The town may be in danger of jeopardizing its credibility
in professional engineering circles - each of these firms participated at great
expense to themselves and in anticipation that the town would act in good faith
and make a fair recommendation. He believ t is incumbent on Council to rati-
fy the process tonight and, most importantwe ratify the 600 hours the staff
w has spent in trying to pick the best possible applicant to do this important
work for the town.
Q Mr. Williams asked if we have the contract? No-one apparently had seen it.
He felt we should certainly see it before we enter into it. It has been customary
for Council to receive copies of all contracts heretofore. Mr. Niccolls said
the contract form, previously sent to all councilmembers along with the RFP, ,
has been reviewed by Terry N (George Martin has not yet been- asked to review it)
on behalf of the town and he/described to Council that he was reviewing it. A
letter was received from him today, stating that it is in order. He will get
I
a copy out to Council tomorrow - it is a standard form of agreement based on the
proposals described to Council.
Mr. Bos called the question.
Mr. Williams asked Mr. Martin if, in his opinion, the Council can authorize
the contract with Camp, Dresser and McKee for professional services? Mr. Martin
said the procurement policy delegates the authority to the Finance Director (Pur-
chasing Agent) to follow the procedures of the Virginia Procurement Act. If he
follows those procedures exactly, then he believes Council is in a position to
authorize the contract tonight. You authorize the Town Manager to execute the
contract.
The resolution was adopted by a vote of 4 to 3:
Aye: Councilmembers Bos, Tolbert, Willis and Mayor Sevila.
Nay: Councilmembers Coffey, Hill and Williams.
84-97 - RESOLUTION - AUTHORIZING A SUBDIVIDERS AGREEMENT, LAND EXCHANGES AND AP-
PROVING A PERFORMANCE GUARANTEE AND UTILITY EXTENSIONS FOR
FOXRIDGE SUBDIVISION.
On motion of Mrs. Hill, seconded by Mr. Willis, the following resolution
was proposed and unanimously adopted:
WHEREAS, the town on August 12, 1981 made an agreement with Alfred A.
Perry and Harry C. Perry & Associates (now Foxridge Limited Partner-
ship) permitting development of a 208 lot cluster subdivision on land
lying west of Catoctin Circle northwest extension and north of the
NVRPA trail under which the town acquired approximately 8.8 acres of
land from Arl and Katherine Curry for the extension of Catoctin Circle
and an exchange of lands with the Perrys to create an 9.0 acre public
park, and further providing that the Perrys shall pay the town $100,000
after which the town would make improvements to the public parkland
created as part of the subdivision; and
"
1 5 0 M I N U T E S O F J U N E 2 7 , 1 9 8 4 M E E T I N G .
W H E R E A S , t h e F o x r i d g e L i m i t e d P a r t n e r s h i p ( s u b d i v i d e r ) h a s s u b m i t t e d a
p r o p o s e d f i n a l p l a t o f S e c t i o n I o f P h a s e I o f F o x r i d g e S u b d i v i s i o n
c a l l i n g f o r c r e a t i o n o f 2 0 r e s i d e n t i a l d w e l l i n g l o t s a n d p l a t o f l a n d
e x c h a n g e s ; a n d
W H E R E A S , t h e s u b d i v i d e r p r o p o s e s t o s u b m i t a n i r r e v o c a b l e b a n k l e t t e r
o f c r e d i t i n a f o r m a p p r o v e d b y t h e t o w n a t t o r n e y i n t h e a m o u n t o f t h e
e s t i m a t e d c o s t s o f t h e p u b l i c i m p r o v e m e n t s i n S e c t i o n I o f P h a s e I o f
F o x r i d g e S u b d i v i s i o n , a s d e t e r m i n e d b y t h e d i r e c t o r o f e n g i n e e r i n g ,
a s s e c u r i t y t o g u a r a n t e e i n s t a l l a t i o n o f t h e p u b l i c i m p r o v e m e n t s :
T H E R E F O R E , R E S O L V E D b y t h e C o u n c i l o f t h e T o w n o f L e e s b u r g i n V i r g i n i a
a s f o l l o w s :
S E C T I O N I . S e c t i o n I o f P h a s e I o f F o x r i d g e S u b d i v i s i o n i s a p p r o v e d
u n d e r t h e t e r m s o f t h e A u g u s t 1 2 , 1 9 8 1 a g r e e m e n t b e t w e e n t h e t o w n a n d
A l f r e d A . P e r r y a n d H a r r y C . P e r r y & A s s o c i a t e s a n d t h e m a n a g e r i s
a u t h o r i z e d t o e x e c u t e o n b e h a l f o f t h e t o w n a s u b d i v i d e r ' s a g r e e m e n t
( F o r m P C - 2 ) w i t h F o x r i d g e L i m i t e d P a r t n e r s h i p , s u b j e c t t o t h e t e r m s
o f t h e A u g u s t 1 2 , 1 9 8 1 a g r e e m e n t , f o r i n s t a l l a t i o n o f p u b l i c i m p r o v e -
m e n t s s h o w n o n t h e p l a n s a p p r o v e d b y t h e d i r e c t o r o f e n g i n e e r i n g f o r
F o x r i d g e S u b d i v i s i o n .
S E C T I O N I I . T h e e x t e n s i o n o f m u n i c i p a l w a t e r a n d s e w e r w o r k s f o r F o x -
r i d g e S u b d i v i s i o n i s a p p r o v e d i n a c c o r d a n c e w i t h S e c t i o n 1 5 - 9 a n d 1 9 - 1 8
o f t h e T o w n C o d e p r o v i d e d , h o w e v e r , t h a t t h e s u b d i v i d e r s h a l l b e s u b j e c t "
t o f e e s f o r w a t e r c o n v e y a n c e f a c i l i t i e s e s t a b l i s h e d f o r t h e C a t o c t i n C i r -
c l e n o r t h w e s t e x t e n s i o n u n d e r S e c t i o n 1 9 - 2 4 o f t h e T o w n C o d e .
S E C T I O N I I I . A n i r r e v o c a b l e b a n k l e t t e r o f c r e d i t i n a f o r m a p p r o v e d b y
t h e t o w n a t t o r n e y f r o m t h e B a n k o f A l e x a n d r i a i n t h e a m o u n t o f $ 1 8 9 , 7 8 5
i s a p p r o v e d a s s e c u r i t y t o g u a r a n t e e i n s t a l l a t i o n o f t h e p u b l i c i m p r o v e -
m e n t s s h o w n o n p l a n s a p p r o v e d b y t h e d i r e c t o r o f e n g i n e e r i n g f o r F o x r i d g e
S u b d i v i s i o n .
S E C T I O N I V . T h e m a y o r s h a l l e x e c u t e o n b e h a l f o f t h e t o w n s u c h d e e d s a n d
l a n d e x c h a n g e i n s t r u m e n t s , i n f o r m s a p p r o v e d b y t h e t o w n a t t o r n e y , t o e f -
f e c t t h e l a n d e x c h a n g e s b e t w e e n A l f r e d A . P e r r y a n d H a r r y C . P e r r y & A s -
s o c i a t e s o r F o x r i d g e L i m i t e d P a r t n e r s h i p a n d t h e t o w n . a s p r o v i d e d i n t h e
A u g u s t 1 2 , 1 9 8 1 a g r e e m e n t .
A y e : C o u n c i l m e m b e r s B o s , C o f f e y , H i l l , T o l b e r t , W i l l i a m s , W i l l i s a n d
M a y o r S e v i l a .
N a y : N o n e .
8 4 - 9 8 - R E S O L U T I O N - A P P R O V I N G T H E S I T E P L A N A N D D E S I G N D R A W I N G S A N D A C C E P T I N G A
L E T T E R O F C R E D I T F O R M A R K E T S T A T I O N .
O n m o t i o n o f M r s . H i l l , s e c o n d e d b y M r . C o f f e y , t h e f o l l o w i n g r e s o l u t i o n
w a s p r o p o s e d a n d u n a n i m o u s l y a d o p t e d :
W H E R E A S , t h e C o u n c i l a p p r o v e d a d e e d o f l e a s e a n d d e v e l o p m e n t a g r e e m e n t
w i t h M a r k e t S q u a r e A s s o c i a t e s , I n c . o n O c t o b e r 1 2 , 1 9 8 3 ; a n d
W H E R E A S , t h e d e e d o f l e a s e r e q u i r e s M a r k e t S q u a r e A s s o c i a t e s t o m e e t
c e r t a i n c o n d i t i o n s p r e c e d e n t p r i o r t o c o m m e n c i n g c o n s t r u c t i o n ; a n d
W H E R E A S , C o u n c i l i s r e q u i r e d t o a p p r o v e t h e d e s i g n a n d d e v e l o p m e n t
p l a n s f o r t h i s p r o j e c t i n c l u d i n g t h e f a r m e r s m a r k e t ; a n d
W H E R E A S , t h e B o a r d o f A r c h i t e c t u r a l R e v i e w h a s r e v i e w e d a n d a p p r o v e d
t h e a r c h i t e c t u r a l p l a n s f o r M a r k e t S t a t i o n :
T H E R E F O R E , R E S O L V E D b y t h e C o u n c i l o f t h e T o w n o f L e e s b u r g i n V i r g i n i a
a s f o l l o w s :
S E C T I O N I . T h e s i t e p l a n p r e p a r e d b y B e n g t s o n , D e B e l l , E l k i n & T i t u s
a n d a r c h i t e c t u r a l d r a w i n g s p r e p a r e d b y K a m s t r a , D i c k e r s o n & A s s o c i a t e s -
a r e a p p r o v e d .
S E C T I O N I I . A n i r r e v o c a b l e l e t t e r o f c r e d i t f r o m F i r s t A m e r i c a n B a n k
i n t h e a m o u n t o f $ 2 5 0 , 0 0 0 i s a p p r o v e d s u b j e c t t o r e v i e w a n d a p p r o v a l
o f t h e t o w n a t t o r n e y .
MINUTES OF JUNE 27, 1984 MEETING. 151
1
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis J
and Mayor Sevila.
Nay: None.
Mayor Sevila asked Mr. Bos to preside for the next resolution since he has
a conflict of interest. Mr. Bos assumed the Chair.
84-99 - RESOLUTION - MAKING A NINTH REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION FOR CEDAR WALK SUBDIVISION.
On motion of Mrs. Hill, 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 improvements
installed to date in Cedar Walk Subdivision and certify that the value
of the remaining amount of work is less than $99,354; and
WHEREAS, a $412,235 Round Hill National Bank set aside letter and $99,354
Fidelity and Deposit Company of Maryland surety bond have been provided
by the developer and approved by Council to guarantee installation of
public improvements in Cedar Walk Subdivision; and
r- WHEREAS, the town has agreed, when appropriate, to decrease the per-
formance guarantee by reducing set aside bank funds by 90 percent of
W the value of work completed on the public improvements:
CO THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Round Hill National Bank set aside letter originally in
the amount of $412,235 is released. The Fidelity and Deposit Company
of Maryland surety bond in the amount of $99,354 remains unchanged.
SECTION II. The manager shall notify Cedar Walk, Inc. that liability
for set aside funds has been released as outlined in Section I of this
resolution, and that this reduction not constitute acceptance of public
improvements by the town or relieve the developer of responsibilities
outlined in the contract for public improvements for Cedar Walk Subdi-
vision.
Mr. Shope explained that there will be a full release and acceptance of public
improvements, as well as approval of a maintenance bond, at the next Council
meeting. There are a couple of punch list items yet to be completed. The
resolution was adopted by a vote of 6 to 1 abstention:
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and Willis.
Nay: None.
Abstain: Mayor Sevila.
Mayor Sevila resumed the Chair.
84-100 - RESOLUTION - EXTENDING TIME FOR INSTALLATION OF PUBLIC IMPROVEMENTS IN
SECTION II OF LOUDOUN HILLS SUBDIVISION.
On motion of Mrs . Hill, seconded by Mr. Bos, the following resolution was
proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The time for completion of installation of public improvements in
Section II of Loudoun Hills Subdivision is extended until July 1,
1985.
Mr. Shope explained that this was discussed at workshop - the public improve-
ments have been extended at least one other time and were to have been com-
pleted by July-lst. However, the developer has made another request to allow
him until late this fall or early next spring to complete the work. Mayor
Sevila suggested that this be for a period of one year. The original bond
was to run until 1981. Mayor Sevila asked if the amount of the bond is suf-
ficient to cover thestaff's estimate of the cost of the improvements? Mr
Shope said it is. The resolution was unanimously adopted:
152 MINUTES OF JUNE 27, 1984 MEETING.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis
and Mayor Sevila.
Nay: None.
84=101 - RESOLUTION - MAKING AN APPROPRIATION FOR TRACTOR-MOWER.
On motion of Mrs . Hill, seconded by Mr. Willis, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, sealed bids were received for the purchase of a tractor with
an articulated arm mower; and
WHEREAS, the lowest and best bid submitted was by Whitmore and Arnold,
I
Inc. :
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager shall purchase a tractor with an articulated
arm mower from Whitmore and Arnold for a price not to exceed $28,915.
SECTION II. An appropriation is made from the General Fund unappro-
priated fund balance to account number 4102.707, Equipment, in the
amount of $28,915 for fiscal year 1985.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis
and Mayor Sevila.
Nay: None. •
Mr. Minor reported on progress at the airport. They are moving steadily along
and are working on Saturdays, but not at the pace we hoped for - not like a
contractor in default and trying to avoid liquidated damages._ They:hope- for bene-
ficial occupancy before August 1st. The -two main things in the FSS are the
painting of the dry wall and installation of access floor - this should be fin-
ished in about a week. The exterior is on now - it looks like another 30 days
to complete this work. It will take 30 to 45 days to prepare the building for
occupancy byt-the Flight Service personnel. We are dealing with both the in-
surance company and with Moss Associates as to issuance of checks - two pay-
ments have been made since the voluntary default. In terms of progress on the
job, this is communication between Moss Associates, the town and the architect--
the underwriter is not involved in this. The sewer line is about finished -
he did not know why they have not finished on the parking lot.
On motion of Mrs. Hill, seconded by Mr. Coffey, the meeting was adjourned
at 9:35 p.m.
Mayor
Clerk of tl e Council