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HomeMy Public PortalAbout1984_10_10 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 10, 1984. 239: A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on October 10, 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. Curry. Present were: Mayor Robert E. Sevila, Councilmembers Arl Curry, Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and Charles J. Williams; also Town Manager Jeffrey H. Minor and Town Attorney George M. Martin. Ab- sent from the meeting was Councilmember Charles A. Bos. On motion of Mrs. Hill, seconded by Mr. Tolbert, the minutes of the regu- lar meeting of May 23, 1984 were approved as submitted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. PROCLAMATION: Mayor Sevila read the following Proclamation: WHEREAS, the Piedmont Federation of the Blind has requested that October 15, 1984 be declared as White Cane Safety Day; and r— WHEREAS, the Piedmont Federation of the Blind has urged that all Ameri- Ncans mark this occasion by greater consideration for the special needs w of the visually handicapped and particularly by learning to heed the white cane in order that the traffic-filled streets and highways may CO become safer for all sighted and sightless alike: Q THEREFORE, BE IT PROCLAIMED that October 15, 1984 is named White Cane Safety Day and all civic organizations, schools, public bodies, the media of public information and all citizens in the Town of Leesburg are urged to cooperate by promoting greater awareness and meaning of the white cane and full understanding of the ever-increasing competence of blind persons. The above Proclamation was presented to Mr. Dorsey Dulaney, President of the Piedmont Federation of the Blind. Mr. Dulaney thanked the Council and presented several white canes to be worn on coat lapels on October 15th. PETITIONERS: Mr. Frank Raflo suggested to Council that the Pennington tract owned by the County off of North Street might be used for day-long parking. There is a large grass field of about 10 acres being used for absolutely nothing - this could be done by making a gravel entrance. Using this lot for day-long park- ing might free up space in the downtown area. Erecting buildings or making a paved parking lot would require rezoning - this would make good use of this land until such time as the County decides what it might want do with this land. He suggested that two or three members of Council might meet with one or two members from the Board, along with appropriate staff, and discuss what they might want to do. Whatever is put there, if it is cost-effective and produces some all-day parking, he felt it would be useful to both the County and the Town. If Council is interested, he would like to hear from them by Monday of next week - he has it on the Board agenda for that day, but will remove it if there is no interest in this proposed project. Mayor Sevila asked if there is any desire to explore such a project? Mr. Williams, Mrs. Hill and Mr. Kelley felt they should look into it. Mayor Sevila felt Council is unanimously interested in exploring this. COUNCILMEMBER COMMENTS: Mr. Williams commented that the Virginia Municipal League award speaks well for the town and the staff, as well as for the County, that they were able to achieve that kind of annexation agreement. He has received calls from several citizens in Country Club Subdivision as to when they will get cable TV. Mrs. Hill reported that the Cable TV Commission was advised last night that they will start marketing in Country Club on October 15th and start installing on October 22nd. Mr. Williams asked if Storer is advising these citizens that they may hook up free for 30 to 45 days? Mr. Minor replied that they are re- quired to do this under their franchise - he believed it was for 45 days. 24 0 MINUTES OF OCTOBER 10, 1984 MEETING. R Y They are marketing Country Club apartments now. Mrs. Hill said they have 100 of the apartments now and they can hook up about 12 per day. Mrs. Hill said Storer feels they need more lighting in the Council Chambers for televising the Council meetings. Mayor Sevila asked Mr. Minor to look into this to see what measures might be taken and the expense that would be incurred. Mr. Curry reported that the Planning Commission held three public hear- ings. A presentation was made by the developer on the Exeter.development plan, along with maps. They showed an ll-acre tract for the school site, but the School Board said this was too small. The developer suggested that the land be given to the town - he did not know if there is any interest in accepting it for the town. The second hearing was ZM-52, Fort Beuaregard - Mr. Brownell made the presentation, a copy of which is in the packets. One person spoke in opposition - she felt the density was already adequate without increasing it. Leesburg Builders"request was for rezoning two acres on Valley View Ave. from R-1 to R-3. A lot of people spoke in opposition to this - most felt that Valley View was more or less a buffer zone between the R-1 area and the town houses behind it - they definitely felt that they should not use spot zoning for this tract. The Planning Commission recommended that the VEPCO tract be rezoned from M-1 to B-2. Fees for zoning and land development were recommended to Council with some changes - some were reduced. They approved a preliminary development plan for Cardinal Park, Lot 4 and for Carradoc Hall. Mr. Curry answered some questions from Mayor Sevila and Mr. Williams con- cerning Exeter and Fort Beauregard. Mr. Kelley reported that he attended his first meeting of NVPDC two weeks ago. This was a short meeting, but he did have the opportuniyy to meet members of Boards of Supervisors, Town Councils, etc. from the Northern Virginia area. He is looking forward to getting more involved in the flow of things there. Mr. Tolbert reported that Council had the opportunity to attend the 79th annual conference of towns, counties and cities of Virginia. He attended a "Government and the Press"workshop and how officials can best deal with the press. The bottom line was that "you can't take politics out of politics." He also attended another workshop on"Downtown Development"- we have already done what they are trying to do. One had not updated its sewage treatment plant since 1929, so we are in good shape. Mayor Sevila commented here that most communities interested in Main Street development are interested in doing what Leesburg did a few years ago - others are attempting to rebuild what no longer exists. Mr. Tolbert also reported that the dedication of the Flight Service Sta- tion building will be Monday at 3:00 p.m. at the Airport - he invited every- body to attend. MAYOR'S REPORT: Mayor Sevila thanked the ladies and others of the Museum Board for a very nice reception for councilmembers tonight - the relationship between them and the Council is important to both. Last week the town was the recipient of the Effective Government award by the Virginia Municipal League - this is a very prestigious award. It is one that virtually all of the member communities are eligible to receive. Leesburg and Loudoun County were extremely honored - the warm reception given by the membership was genuinely praiseworthy. We are extremely proud of this award - it should be placed in an appropritate place in the town of- fices for all the citizens in the town and the county. Mr. Minor said the Public Works Department will be constructing a little shelf to be placed in the lobby area of the town office. He apologized to the driver of the school bus and the citizens of the town for pulling in the loop at the Catoctin Elementary School this morning. He has been dropping children off there for seven years - it is no longer legal to do this. He absent-mindedly did this this morning. MINUTES OF OCTOBER 10, 1984 MEETING. 211 MANAGER'S REPORT: (1) Mr. Minor reported that recruitment for some of our key positions continues. Concerning the Director of Engineering position, they are readver- ' tising in the Virginia area to try to get an engineer with experience in a Vir- ginia local government. Applications for a Director of Planning and Develop- ment should be increasing - it has been published in the Job Mart. They missed the deadline on the ICMA Newsletter for the Assistant Manager position, but it will appear in the next issue. (2) Bids were received today for the East Market Street entry sign. Only ' $10.00 separates the two bids - one for $4,860 and the other $4,850, however, the bid from the Art Display Company required half of the money up front. They will look closely at these two bids and the architect will have a recommendation. (3) Essentially, the work at the Flight Service Station and Terminal is complete - there are some significant punch-list items that remain. Two of these items will have to be corrected with the FAA before we can certify beneficial occupancy and before they will accept it and start paying rent. The architect is working with FAA on this - it is his opinion that the difficulty with the carpet is not something that should delay their acceptance of the building - that will take several weeks. Obviously we are not going to wait six to eight weeks for that. We are confident the FAA will take a reasonable position on this. W (4) We are continually amazed and happy that there is so much interest m in the Sewage Treatment Plant Expansion bids. We have had the specs reprinted Q two or three times - we now have 120 to 140 sets of plans out. We had a pre- bid conference on October 1 - that was attended by over 30 contractors. He has discussed with Steve Gates the possibility of his attending the next meet- ing for a briefing of the project. (5) We have to select a firm to prepare a new street map for the town - this will be available sometime in November. It will be a very attractive map - much more detailed and more useful than the old one. (6) Last fiscal year, Council authorized the sale of a portion of the East First Street right-of-way - this is anticipated in our FY 1985 budget in the amount of $26,500. The title insurance binder we received indicated we may have some problems in getting clear title - they want the County named as co-grantor. Mr. Martin has checked on this and concluded that this is not necessary and successfully negotiated that out of the requirements. Mr. Walls hopes to have a settlement date sometime in the near future. (7) The Public Works Department is doing some work today and tomorrow to prepare for the dedication ceremonies at the Airport tomorrow at 3:00 p.m. They are doing some clean-up work and putting in a short section of split-rail fence at the entrance road to make sure the airport presents its best appear- ance. We are proud of the work that has been done out there. (8) We have some excellent marksmen in the Police Department. They won a regional award at Mt. Weather on September 25th. Officers Markland, Smith and Tavenner won a joint trophy and Officer Tavenner won the individual honors as the top shooter in the tournament. (9) He distributed the written report from Storer Cable that was presented last night. (10) He wanted Council to look at the letter to Phil Bolen before it is sent out. A necessary correction will be made tomorrow. Mr. Williams asked when they are going to close on the Foxridge project? Mr. Minor said all the instruments have been approved and it should take place next week at the latest. If not, they will investigate to see why it has not. He understood the $100,000 will exchange hands at that time. Mr. Williams also asked if the Police Department has taken any action to replace "Shadow"? Mr. Minor replied that Chief Kidwell is working on this - they are looking for a german shepherd. When they find one that is acceptable, both the dog and the handler will go through an intensive training program. The town intends to pursue the canine program - it is a valuable asset. 242 MINUTES OF OCTOBER 10, 1984 MEETING. Mr. Williams also asked if the grading for the East Market Street sign has been corrected so there is no site distance problem? Mr. Minor replied that they will be sure of this - they will construct a mock-up of that sign to make sure there is no problem. Any design corrections will be made now - before the sign is put in place. Mr. Curry referred to a letter from Bengtson, DeBell, Elkin & Titus con- cerning the culvert pipe on Catoctin Circle - it caused water to actually cross Catoctin Circle during the last storm we had. It was his opinion that the cul- vert pipe is too high and that's why this occurred. His recommendation would be that, if another culvert pipe has to be installed, an oval type of pipe be used - it would take more water. Mr. Minor will look into this. LEGISLATION: On motion of Mrs. Hill, seconded by Mr. Williams, the following ordinance and resolutions were proposed and unanimously adopted, with the titles of all read by the Clerk : 84-0-4L-ORDINANCE - AMENDING THE LEESBURG ZONING MAP. WHEREAS, the following proposed amendment to the Leesburg Zoning Map (ZM-51) was initiated by Council on August 22, 1984; and WHEREAS, a joint public hearing was held by the Leesburg Town Council and the Planning Commission on September 12, 1984, at which persons affected by this application appeared to present their views; and WHEREAS, the Planning Commission on October 4, 1984 recommended to Council approval of the proposed rezoning; and WHEREAS, it is determined that the public necessity, convenience, general welfare or good zoning practice require the proposed amend- ment because: 1. The rezoning is necessary to implement redevelopment of this tract as part of the South Harrison Street Community Develop- ment project; and 2. The town has accepted a proposal from Market Square Associates, Inc. to redevelop the VEPCO tract for residential and office use and these are not permitted under the existing M-1 Zoning Dis- trict Regulations. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from M-1 to B-2 the 1.93 acres of land shown on a plat prepared by Bengtson, deBell, Elkin and Titus and dated April 24, 1984. SECTION II. This ordinance shall be in effect upon its passage. 84-179 - RESOLUTION - ESTABLISHING MARKETING POLICIES FOR SOUTH HARRISON STREET TOWNHOUSE PROJECT. WHEREAS, the Town of Leesburg received a $1.35 million community de- velopment block grant which included funds to assist in the construc- tion of residential townhouses; and WHEREAS, Market Square Associates submitted a proposal to the town on May 15, 1984 for construction of the townhouses; and WHEREAS, the Council awarded exclusive negotiating rights to Market Square Associates, Inc. and appointed a negotiating committee; and WHEREAS, the negotiating committee and Market Square..Associates, Inc. reached general agreement on the principles for development of the VEPCO tract; and WHEREAS, the Council authorized the execution of a memorandum of understanding between the town and Market Square Associates, Inc. on September 26, 1984; and MINUTES OF OCTOBER 10, 1984 MEETING. 2 4 a WHEREAS, the Town Council seeks to establish a priority system for marketing of the townhouses : THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Virginia as follows: SECTION I. A plan for marketing the South Harrison Street townhouses is hereby established as follows : 1. Market Square Associates shall not discriminate in the marketing or sale of the townhouse units on the basis of race, color, nat- ional origin or sex. 2. The townhouses must be sold to low-or moderate-income persons and shall be financed through the Virginia Housing Development Authori- ty's Home Ownership Program or a similar mechanism. Buyers shall meet VHDA eligibility standards. 3. Qualified buyers shall be solicited on a first-come, first-served basis according to the priorities established below: .41 A. First priority shall be given to Leesburg residents. Resi- r— dency shall be established by showing a valid driver's li- N cense with an address within the Leesburg corporate limits. W B. Second priority shall be given to persons residing outside CO the Leesburg corporate limits but inside Loudoun County. Residency shall be established by showing a valid driver's license with a Loudoun County address. C. Third priority shall be given to persons residing outside of Leesburg and Loudoun County. D. Market Square Associates, Inc. shall be responsible for so- liciting potential buyers according to the criteria listed above. Initial advertising shall be limited to the Loudoun Times Mirror and WAGE Radio for a period of thirty days. If an insufficient number of qualified buyers in priority cate- gories one and two are found, Market Square Associates may expand their marketing program and accept qualified buyers from priority category three. SECTION II. The manager is authorized to monitor compliance with the marketing plan established above. SECTION III. This resolution shall be in effect upon its adoption. 84-180 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND WATER AND SEWER EXTENSION PERMITS FOR THE WAVERLY PARK DEVELOPMENT PLAN. ESOLVED 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 with Waverly Park Partnership for installation of public improvements shown on a plat prepared by Chamberlin As- sociates, and approved by the Planning Commission and Director. of Engineering for Waverly Park. SECTION II. The extension of municipal water and sewer for this facili- ty is approved in accordance with Sections 19-19 and 15-9 of the Town Code. SECTION III. A performance guarantee is approved in the amount of $67.454.00 for installation of public improvements shown on plans approved by Waverly Park. SECTION IV. The manager shall execute on behalf of the town such. water, sewer and storm water easements as necessary to allow public improvement installation for this subdivision. MINUTES OF OCTOBER 10, 1984 MEETING. 244 SECTION V. This resolution is conditioned upon review and appro- val of the agreement and performance guarantee by the Town Attorney. 84-181 - RESOLUTION - INITIATING AMENDMENT OF THE SUBDIVISION AND LAND DE- VELOPMENT REGULATIONS TO AUTHORIZE THE PREPARATION OF SUBDIVISION AND SITE PLANS BY LICENSED 3(b) LAND SUR- VEYORS. WHEREAS, the Code of Virginia (1950) as amended, permits licensed 3(b) land surveyors to prepare plats, plans and profiles for subdivisions, site plans and development plans: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The amendment of the Subdivision and Land Development Regulations is initiated to amend Sections 13-78, 13-79, 13-80, 13-81, 13-82, 13-97 and 13-99 to read as follows: Sec. 13-78. Streets, Street curb and gutter. (a) No change. (b) Insert or a licensed 3(b) land surveyor after "registered professional engineer." • Sec. 13-79. Sidewalks. (a) No change. (b) Insert or a licensed 3(b) land surveyor after "registered professional engineer." Sec. 13-80. Water Supply. (a) No change. (b) The water system and all service lines and appurtenances except the water meter shall be completed in accordance with the plans and profiles prepared for the subdivision or development by a registered professional engineer or licensed 3(b) land surveyor and approved by the Director of Engineering as .. meeting the required specifications for water systems; provided, however, a licensed 3(b) land surveyor may not design pressure by hydraulic systems. Sec. 13-81. Sanitary Sewers. (a) No change. (b) Insert or a licensed 3(b) land surveyor after "registered professional engineer"; add new sentence at end to read: However, a licensed 3(b) land surveyor may not design pressure hydraulic systems. Sec. .13-82. Storm drainage, erosion and sedimentation control; flood zone management and control. (a) No change. (b) No change. (c) No change. (d) Insert or a licensed 3(b) land surveyor after "registered professional engineer"; add new sentence at end to read: However, a licensed 3(b) land surveyor may not design pressure hydraulic systems. Sec. 13-97. Required approvals of final plan and final plat. The following approvals shall accompany or be shown on a final plat and shall be necessary for its approval. (a) No change. (b) Insert or a licensed 3(b) land surveyor after "registered engineer." (c) No change. (d) No change. (e) No change. (f) No change. MINUTES OF OCTOBER 10, 1984 MEETING. 245 Sec. 13-99. Definitions and rules of construction. (a) No change. (b) No change. (c) Add a new definition to read as follows: "Licensed 3(b) land surveyor" shall mean a land surveyor licensed by the Commonwealth of Virginia to perform the work described under Section 54-17.1-(3) (b) of the Code of Virginia (1950) as amended. I SECTION II. A public hearing at which persons may appear and present their views shall be held on the Subdivision and Land Development Regulations amendments proposed above beginning at 7:30 p.m. , or as soon thereafter as the matter is reached, on November 14, 1984, in the Council Chambers, 10 Louodun Street, S.W. , Leesburg, Virginia and in line with Section 15.1-431 of the Code of Virginia, as amended. This hearing shall be a joint hearing of both the Planning Commission and the Council. The Clerk shall give notice of this hearing and the Council's intention to consider the amendments on October 25, 1984 and November 1, 1985 and shall advise the Planning Commission of the purpose, intent and date of the hearing. N SECTION III. The Planning Commission shall report its recommendation N to the Town Council on the proposed amendments within 60 days of the W hearing. CO 84-182 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF LEESBURG EAST ASSOCIATES FOR AMENDMENT 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 Leesburg East Associates of Alexandria, Virginia 111for amendment of the zoning district map, assigned No. EA-54, to i change 178.10 acres of land located north of State Route 7 and bounded by State Route 773 on the north, Thomas G. Crouch, et al, Tee. on the east and A. H. Heider, P. Cassidy and Est. Forestier on the west, from County A-3 to Leesburg R-3 Zoning District, is re- ceived and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Vir- ginia, as amended. 84-183 - RESOLUTION - APPOINTING A DEPUTY ZONING ADMINISTRATOR. WHEREAS, Section 7A-1 of the Charter authorizes appointment of deputy zoning administrators; and WHEREAS, efficient zoning ordinance administration requires appoint- ment of deputy zoning administrators to act in the absence of the zoning administrator: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: The manager is appointed a deputy zoning administrator to act in the absence of the zoning administrator. 84-184 - RESOLUTION - AUTHORIZING A CONTRACT WITH MARC S. WEISS FOR PLANNING U AND DEVELOPMENT CONSULTING SERVICES. WHEREAS, Marc S. Weiss has resigned his position as director of plan- ning and assistant manager for the town effective September 28, 1984; and WHEREAS, the town requires professional planning assistance to ensure the continuity of important community and economic development proj- ects and an orientation program for a new director of planning and as- sistant manager: 246 MINUTES OF OCTOBER 10, 1984 MEETING. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: The town manager is authorized and directed to execute a letter of agreement for professional services with Marc S. Weiss in a form as transmitted to the Council on October 5, 1984 and as approved by the town attorney. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. PROPOSED RESOLUTION REQUESTING CONSIDERATION BY THE BOARD OF SUPERVISORS FOR LOUDOUN COUNTY OF A BOUNDARY LINE ADJUSTMENT. On motion of Mrs. Hill, seconded by Mr. Williams, a proposed resolution requesting consideration by the Board of Supervisors for Loudoun County of a boundary line adjustment was unanimously deferred: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. A letter dated October 10, 1984 from the Town Manager to the County Ad- ministrator regarding the Beus Corporation and the proposed boundary line ad- justment was read to Council by the Clerk. This letter proposes to initiate discussions between the County and Town staffs conerning the possibility of adjusting the existing Town/County Annexation Line to include all of the Beus property in the Town of Leesburg corporate limits - this would include the Ball's Bluff Cemetery and battlefield site. Mr. Williams felt this is an excellent way to approach this very important historic site. On motion of Mr. Williams, seconded by Mrs . Hill, Council voted unanimously to send the letter from Mr. Minor to Mr. Bolen: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and MayorSevila. Nay: None. 84-185 - RESOLUTION - APPROVING THE GENERAL ALIGNMENT OF THE NORTH CATOCTIN CIRCLE EXTENSION. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolu- tion was proposed: WHEREAS, the town's adopted transportation plan includes extension of Catoctin Circle between East Market Street and Edwards Ferry Road; and WHEREAS, this North Catoctin Circle Extension project is included in the town's adopted Capital Improvements Program; and WHEREAS, the town intends to acquire a portion of the right-of-way necessary for this project; and WHEREAS, a general alignment for this project has been prepared: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The general alignment of the North Catoctin Circle Extension, as shown on the plan prepared by Bengtson, DeBell, Elkin & Titus dated Septem- ber 14, 1984 and titled "Catoctin Circle North extension" is approved. At the suggestion of Mayor Sevila and with the consent of other members of Council, the third "WHEREAS" clause above was removed from the resolution. He understood this alignment has been reviewed with the Jewell family, owners of a portion of this property - they were present and indicated their consent. Mr. Wallace has also indicated his consent. He understood approval has been received from all of the landowners, however Mr. Minor said Mr. Titus may have discussed this with them, but the town has not. The resolution, as amended, was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. MINUTES OF OCTOBER 10, 1984 MEETING. 17 84-186 - RESOLUTION - MAKING AN APPROPRIATION FOR A CENTERLINING MACHINE. On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolu- tion was proposed: WHEREAS, bids were requested for the purchase of a centerlining ma- chine; and WHEREAS, the best bid was by Mid-Atlantic Safety Co. , Inc. of Catlett, Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall purchase a Redland Prismo Pup Center- lining machine from Mid-Atlantic Safety Co. , Inc. of Catlett, Virginia for a price not to exceed $13,142.00. SECTION II. An appropriation is made from the general fund to account number 4102.707 in the amount of $13,142.00 for FY 1985. Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor icr Sevila. Nay: None. CI 84-187 - RESOLUTION - MAKING AN APPROPRIATION FOR A 3/4 TON PICK-UP TRUCK. W On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution Q was proposed: WHEREAS, bids were requested for the purchase of a 3/4 ton pick-up truck; and WHEREAS, the lowest and best bid was by Poquoson Motors, Inc. of Hampton, Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: SECTION I. The Town Manager shall purchase a 3/4 ton pick-up truck from Poquoson Motors, Inc. of Hampton, Virginia for an amount not to exceed $8,717.50. SECTION II. An appropriation is made from the general fund to account number 4102.707 in the amount of $8,717.50 for FY 1985. Mr. Williams asked how much difference there was under the local bid? Mr. Minor said it was around $600, but this is a State contract. Any maintenance work will be performed under warranty locally. Under the State purchasing rules, the only way we could not go with the low bidder would be if there was a dif- ference in equipment or if we had to pick it up in Hampton and it would cost $800, but he did not think we would say that. It is difficult for any dealer to compete with a State contract. We are saving money and it is below budget. The resolution was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-188 - RESOLUTION - AUTHORIZING PURCHASE OF A SALT SPREADER. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to purchase a Swenson Chemical Spreader, Model EVRG-HS, equipped in accordance with specifications provided by the Director of Public Works, from Virginia Public Works Equipment of Richmond, Virginia at a cost not to exceed $5,521.73. SECTION II. An appropriation is made from the General Fund to Ac- count No. 4102.707, Equipment, in the amount of $5,521.73 for the fiscal year ending June 30, 1985. 2^p MINUTES OF OCTOBER 10, 1985 MEETING. Y O Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-189 - RESOLUTION - AUTHORIZING AGREEMENTS, APPROVING PERFORMANCE GUARANTEES FOR PUBLIC IMPROVEMENTS AND WATER AND SEWER EXTENSION PERMITS FOR THE CONSTRUCTION OF THE VARNON OFFICE BUILD- ING AND THE EXTENSION OF HERITAGE WAY. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, a development plan for the Varnon Office Building located at the intersection of Edwards Ferry Road and Heritage Way (extended) is presently before the Planning Commission: THEREFORE, 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 agreements with Leesburg Joint Venture for the extension of Heritage Way and the Varnon Office Building for public improvements as shown on plats approved by the Planning Commission and Engineering. SECTION II. The extension of municipal water and sewer for this fa- cility is approved in accordance with Section 19-19 and 15-9 of the • Town Code. SECTION III. Two performance guarantees are approved for installa- tion of public improvements : A. One in the amount of $137,291 for the Varnon Office Building, and B. The second in the amount of $1,210,375 for the construc- tion of Heritage Way (extended) . SECTION IV. The manager shall execute on behalf of the town such water and sewer and storm water easements as necessary to allow public improvement installation for this project. SECTION V. This resolution is conditioned upon review and appro- val of the agreement and performance guarantee by the Town Attorney. Mr. Curry explained that the Planning Commission has not yet received this ap- plication because it had just been looked over by the engineer .- he was satis- fied with it. : .sit was brought up at the Subdivision and Land Development committee Tuesday and everything seemed to be in order. Mayor Sevila asked if we are out of step in approving this before the Planning Commission does? Mr. Minor said we have done this before. Mr. Curry explained that they are anxious to go forward with their building plans. The resolution was unani- mously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-190 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARAN- TEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND WATER AND SEWER EASEMENTS FOR THE CARDINAL INDUSTRIAL PARK, LOT 4. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolu- tion was proposed: WHEREAS, a development plan was approved on October 4, 1984 by the Planning Commission for Cardinal Industrial Park, Lot 4, for a pro- posed Montgomery Ward catalog store: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF OCTOBER 10, 1984 MEETING. 249 SECTION I. The manager is authorized to execute on behalf of the town an agreement with Michael W. Baer, Trustee, for installation . of public improvements as shown on a plan approved by the Planning Commission for Cardinal Industrial Park, Lot 4. SECTION II. A performance guarantee is approved in the amount of $13,542.60 for installation of public improvements shown on plans approved for this development plan. SECTION III. The manager shall execute on behalf of the town such water and sewer and storm water easements as necessary to allow public improvement installation for this subdivision. SECTION IV. This resolution is conditioned upon review and appro- val of the agreement and performance guarantee by the Town Attorney. Mr. Williams asked where the storm water from this lot drains? Mr. Curry ex- plained that there is a drainage area in the back of the subdivision. The County has been taking care of grading permits. Our engineer, however, felt the drainage plans should show on the devgjopment plan. Mr. Williams asked if the general storm water from the townYintersect that or be integrated there? Mr. Curry felt sure it would go into Tuscarora Creek. The resolution was unani- C' mously adopted: NAye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. W Nay: None. Cl] Q 84-191 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND WATER AND SEWER EXTENSION PERMITS FOR CARDINAL INDUSTRIAL PARK - LOT 12. On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution was proposed: ' WHEREAS, a development plan is before the planning commission for Car- dinal Industrial Park, Lot 12, for a proposed Honda Dealership: THEREFORE, 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 with Herson and Cohn Limited for installation of public improvements as shown on a plan approved by the Planning Commission and Engineering for Cardinal Industrial Park, Lot 12. SECTION II. A performance guarantee is approved in the amount of $5,700 for installation of public improvements shown on plans approved for this development plan. SECTION III. The manager shall execute on behalf of the town such water and sewer and storm water easements as necessary to allow public improve- ment installation for this subdivision. SECTION IV. This resolution is conditioned upon review and approval of the agreement and performance guarantee by the Town Attorney. Mr. Curry thought this was approved by the Planning Commission about a month ago, but it would be wise to check to be sure. The resolution was unanimously adopted: Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mr. Williams, seconded by Mr. Kelley, Council voted unani- mously to include the next item as having been on the agenda - it was dis- cussed at committee and agreed upon: 1 Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: Nonr. MINUTES OF OCTOBER 10, 1984 MEETING. O 84-192 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS LAND AND VACATION OF EASEMENT IN THE PROSPECT HILLS SUBDIVISION. On motion of Mrs. Hill, seconded by Mr. Curry, the following resolution was proposed: WHEREAS, the Town of Leesburg owns in fee simple a 4,822 square foot tract of land in the Prospect Hills Subdivision; and WHEREAS, this tract was previously reserved for the construction of an elevated water storage facility; and WHEREAS, this land is no longer appropriate or needed for the con- struction of an elevated water storage facility or any other public facility; and WHEREAS, this Council hereby declares said land to be surplus; and WHEREAS, the four land owners with property contiguous to the tract have declared an interest in purchasing a portion of the land for a price of $0.15 per square foot; and WHEREAS, there exists two contiguous 10-foot permanent utility ease- ments dedicated to the town running through lots 4 and 5 in Section 6 in the Prospect Hills Subdivision; and WHEREAS, said easements are not required for any current or prospec- tive public use: THEREFORE, RESOLVED by the Council of the_Town of Leesburg in Virginia as follows: SECTION I. The mayor shall execute on behalf of the town such deeds, in a form approved by the town attorney, to effect the sale of the 4,822 square foot parcel to the current propery owners of lots 4 and 5 of Section 6 and lots 32 and 34 of Section 3 of the Prospect Hills Subdivision. SECTION II. The purchase price to be paid to the town is $0.15 per square foot based on a partition of the parcel as transmitted in a memorandum from the town attorney dated August 31, 1984. SECTION III. The mayor is authorized to execute the deeds of ease- ment vacation in a form approved by the town attorney. SECTION IV. Any survey expenses necessitated by the sale shall be borne by the purchasers. Mr. Williams explained that initially this land was set aside for a water tower. Since we now have water from the Potomac, it is obvious that we will not need such a tower. A price was established by the Public Works Committee as a be- ginning point. The landowners felt that, since they had taken care of this land for the better part of 20 years, the price should be negotiated down - that is how we arrived at the $0.15 figure. This land is land-locked and can- not be used by anyone except the owners. It will be back on the tax rolls and the town will receive money back over the next several years from a tax stand- point. He felt this was a good proposition for both the town and the landowners. Mayor Sevila said the total price then will be $723.30. This will be divided by the landowners and they have agreed to pay for the survey. Mr. Martin knew of no further charges that would be involved - this property could probably be conveyed in one deed - he anticipates no other settlement fees. The reso- lution was unanimously adopted: • Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. MINUTES OF OCTOBER 10, 1984 MEETING. 2 5 1 Mr. Williams reported that, over the past several weeks, he has had J citizens suggest that the Council might want to establish some vehicle for communicating with its constituents. He suggested that perhaps we might have the Lamplighter go out on a monthly basis, rather than quarterly. Mr. Minor realized that there has not been a Lamplighter for quite a while, but felt that quarterly should be often enough. If this should go out every month, there would be some major budgetary implications - there are major costs in- volved with typesetting and printing. The media reports on the major is- sues and are generally present for the meetings, so a newsbriefing following the meeting would probably not attract others. It was decided that both com- mittees would discuss this matter and perhaps invite the media to such a dis- cussion. On motion of Mrs. Hill, seconded by Mr. Curry, the meeting was adjourned at 9:23 p.m. //' /, Mayor / Clerk of the ouncil N W CC) Q