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HomeMy Public PortalAbout1985_04_10 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS ON 376 ZM-44 (BROWNELL/SYCOLIN FOREST ASSOC_) ; PLANNED DEVELOPMENT AMENDMENTS AND U REVENUE SHARING; APRIL I0;171985: . .- A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on April 10, 1985 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. Bos. Present were Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Arl Curry, Marylou Hill, Brian T. Kelley, John Tolbert and Charles J. Williams; also Town Manager Jeffrey H. Minor, Assistant to Manager Stephen F. Owen, Director of Finance Paul E. York, Director of Engineering Tom Mason, Director of Planning, Zoning and Develop- ment Martha S. Semmes, Zoning Administrator Mark Nelis, Principal Planner Tom Poupard and Town Attorney George M. Martin. PROCLAMATION ON STUDENT LEADERSHIP WEEK On motion of Mr. Williams, seconded by Mrs. Hill, the following Proclama- tion was unanimously adopted: WHEREAS, one of the clearest lessons of the past decade in America is that students want and deserve an appropriate voice in the educational systems in which they are participating; and WHEREAS, as we move into the third century of our republic the mantle of responsibility and leadership will be passed on to the young people of our nation, I am convinced that the youth of today will wear that mantle proudly, carry out the responsibilities of adulthood and leader- ship with conviction and concern for their fellow man and reflect great credit on their countryland; and WHEREAS, administrators and teachers alike recognize the necessity for students to take an active part in the co-curricular activities pro- vided by our country's secondary schools like student council, speech, debate, music, journalism, vocational organizations, honor societies and other special interest clubs that are so critically important in developing and enhancing leadership potential; and WHEREAS, the building of confidence, the sharing of ideas and the ex- 111 perience of responsibility can best be accomplished by leadership po- sitions, classes and activities; and WHEREAS, student activity organizations offer young people early and vital experience in exercising a voice in matters of common concern, reconciling diverse interests and selecting leaders to express repre- sentative views: NOW, THEREFORE, I, Robert E. Sevila, Mayor of the Town of Leesburg in Virginia, do hereby proclaim April 21-27, 1985 STUDENT LEADERSHIP WEEK in the Town of Leesburg, and I urge all academic, vocational and other institutions to join in appropriate activities to highlight, revitalize and encourage wider participation in their particular forms of student activity programs. AND FURTHER, I urge all students to fully acquaint themselves with the activities and programs of their schools and to constructively take part in student leadership activities . Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. PROCLAMATION ON PRESERVATION WEEK On motion of Mrs. Hill, seconded by Mr. Tolbert, the following Proclamation was proposed and unanimously adopted: MINUTES OF APRIL 10, 1985 MEETING. 3'7'7 WHEREAS, Main Street revitalization contributes to the economic and social well-being of our cities and towns by using historic preser- vation to stimulate and create new jobs and new investment oppor- tunities; and WHEREAS, Main Street revitalization is an effort that is sweeping the country, as evidenced by the participation in the September 1984 Main Street video-conference, the largest ever held in the United States during which nearly 25,000 community leaders in more than 2,900 towns participated in a day-long program to learn how to invigorate their Main Street's image and economy; and WHEREAS, Main Streets all across America are being rediscovered as a place to work, shop and have fun; and WHEREAS, the ACTION'S BACK ON MAIN STREET is the theme for Preserva- tion Week 1985, cosponsored by the National Trust for Historic Preser- vation and the local preservation and neighborhood organizations in this town: NOW, THEREFORE, I, Robert E. Sevila, Mayor of the Town of Leesburg, do hereby proclaim May 12-18, 1985 as PRESERVATION WEEK and call upon the people of Leesburg to recognize and participate in this special obser- N vance. N Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and W Mayor Sevila. Nay: None. Q PUBLIC HEARING ON ZM-44 AMENDMENT TO PROFFER - BRUCE BROWNELL, INC./SYCOLIN FOREST ASSOCIATES, INC. Mr. Minor advised that an ad hoc committee was formed on this matter, with Mr. Williams and Mr. Kelley serving on it. Its purpose was to address some of the safety concerns for the Virginia Knolls and Silver Oaks developments, with particular attention to the connection of Shenandoah Street in both subdivisions, as well as providing a turn-around area. The committee's position was outlined in a fetter circulated to everyone in Brandon and Virginia Knolls. This proffer would connect Shenandoah Street to Oakview and provide a turn-around in -the gene- ral location of the existing one. He understands the ad hoc committee and prob- ably the majority of Council is interested in a gate or structure to block that road until the Rockbridge connection is accomplished with the development of the commercial center in that area. One of the issues yet to be resolved is whether the connection on Shenandoah will be opened anyway if the connection with Rockbridge does not occur within a certain period of time. We know this could take one to three years and the developer of Oakview will be paying for this construction - he would like to use this as a marketing tool to let his prospective purchasers know that there is access. The fundamental reason Council is attempting to address this problem is that, during heavy downpours experienced in the last year or so, those people in Silver Oaks have been landlocked for a brief period of time - Sycolin Road was blocked and Harrison Street bridge was also partly covered with water. Emergency vehicles did have access during the last heavy rain in August. This connection would at least provide emergency: access for _those people in Silver Oaks. There would be no way for Council to accomplish any change there without an amended proffer. Mayor Sevila stated that Council did receive a petition from Charles M. Smith, President of the Virginia Knolls Community Association, with many signatures - that petition has been made part of this record. Mr. Frank Caldwell, a resident of 314 Shenandoah Street, reminded that when John Ours and John Alderman built Virginia Knolls, they built a road into it ac- cording to State specifications and a bridge across the creek (for which he helped pay) , as well as streets, sidewalks, curb and gutter, according to State specifications. He could see no reason why the applicant could not improve Syco- lin Road according to State specifications, build a bridge across the creek and furnish access to his subdivisioninthat way. If you connect Shenandoah Street with a large subdivision, you are raising a very serious safety hazard - if cars are parked on both sides of the street and if some driver approaches you, there is no place to go. • MINUTES OF APRIL 10, 1985 MEETING. 378 Mr. Charles M. Smith, III, President of Virginia Knolls Community Associ- ation and a resident of 217 Shenandoah Street, stated that a petition contain- ing 214 signatures of residents of Virginia Knolls and the Brandon area has al- ready been submitted to the Council (he was a member of the ad hoc committee concerning this matter) . He read excerpts from a letter written by Mr. Frank McClelland, who lives at the end of the cul-de-sac on Shenandoah Street. He felt that zoning decisions do not seem to be very long-lived. He was concerned about the safety to children and the elderly, as well as the lowering of prop- erty values. He also had a problem with the lack of commitment concerning the barricading in the proffer (this may or may not be appropriate in the proffer) . Their basic problem is that they really don't think this improves the quality of life/rthat there is any severe issue to _increase .transportation - there is a concern about flooding though. There is no time as to when the other road would be opened, nor is there any definite location of this road or -an :alternate or additional -road. He does"mot feel it is necessary or desirable. The only definite proposal is this rezoning request and he could appreciate Council's dilemma in wanting to get this possible improvement which may be needed or de- sirable paid for at this time. However, you have to waive this -against the desirability of affecting the quality of life of residents who have been there 20 years or more and those who may be there sometime in the future. .Mr. McClelland was also concerned about the turn-around - it should be in the same general area as the existing turn-around, it should be a town street and there should be no backing involved. There was also concern that alternate routes be addressed that might take the strain off of Shenandoah Street - all that has been proposed is Rockbridge Drive. The road they proposed to be connected from the existing cul-de-sac down to Catoctin Circle near the tennis courts was dismissed as being too expensive. They really don't feel that connection has anything to offer in advancing the way of life in that area. He didn't really get a firm feeling that the Silver Oaks people were solidly behind it. They don't think it is neces sary, it's not desirable and there is not firm enough commitment to this alternate route. He feels Council should turn this down. Mr. Mark Withrow, of 210 Shenandoah Street, urged Council to review the study done by the town staff in 1984 on Shenandoah Street - based on this, he strongly opposes the connection of Shenandoah Street into Oakview as a through street or whatever. Safety is a matter we should all be concerned with. If for some reason this connection is made, he strongly urged each to preserve their neighborhood and protect the well-being of their children by barricading this connection and opening it only in times of emergency and if flood seems to be a problem. Mr. Pete Plasmier, Presidentx� of Leesburg Square Community Association, pretty much agrees with Mr. Smit�i/said that a lot of ground was covered regarding the Leesburg Station office project and they were told at that time that Harrison Street was deemed a residential area and could not handle any more traffic than it had then.. There have been many changes over the years and development has taken hold in Leesburg - it is going places, but they must take heed that it doesn't move too quickly. They feel for the people in Silver Oaks and Oakview - it's a sad state of affairs when people purchase homes with their hard earned money without a sure-fire way out of their development. They are all neighbors and are in this together. Now they think Rockbridge will be opened into Harri- son Street - they are all at the mercy of the developers - nothing is definite or permanent. He was told by a member of the Planning Commission that the Plaza Street proposed extension is a dead issue because it would have to be built through the flood zone. He feels the question is "planning" - before developments can be planned, they must have access roads. Mr. Brownell has roads built, but no houses yet. They do have to take into consideration the amount of traffic Harrison Street will take - the letter sent out by Mr. Minor stated that studies will take place on Catoctin Circle and Harrison Street over the next fiscal year, with a possi- bility of a traffic signal at the intersection in 1987. Their only consolation is that the Rescue Squad is close by. They look to the future in Leesburg and appreciate the efforts of the Council in coordinating everything. They were very well received by the Planning Commission. Mr. Alton Echols reviewed a former decision of Council to keep Shenandoah Street closed - now they want to open it up. He has discussed with the adjacent property owner about the idea of opening up Rockbridge to Harrison Street.- this is under consideration. It would be expensive to them, but they could do it and would be glad to talk with Council further about it. They support the position of the individuals in Brandon - if they oppose opening Shenandoah, they oppose it 100 percent. They have discussed opening Shenandoah and Rockbridge simul- taneously. However, Council at its last meeting voted to extend Plaza Street to Sycolin Road and bring it in at Rockbridge in Silver Oaks - this creates an inner loop beginning in Exeter, crosses Market, then Sycolin, through Silver Oaks and Oak View on to Roanoke - this funnels traffic in a high traffic count MINUTES OF APRIL 10, 1985 MEETING. 379 area down through a residential street. He does not feel Council is in a po- sition to make a decision on this tonight. The decision on Plaza should have been made in conjunction with and in coordination with what happens on Shenandoah, Harrison and Davis Avenue extension. The time has arrived for Council to address the traffic plan as a whole. Mr. Harrison Hawthorne, owner of 216 Shenandoah Street, bought his property and looks forward to moving there - it is an ideal place for both young and old people, but he hopes Council will not allow a"race track"in front of this area. Why couldn't the developer build a bridge and a road from his development across to Catoctin just as the developers of Brandon did? This should have been con- sidered prior to this - the building of a road by one developer and used by ' another should not be tolerated or allowed. The public hearing was closed. On motion of Mrs. Hill, seconded by Mr. Tol- bert, Council voted unanimously to refer this matter to the Utility and Public Works Committee for consideration at its next meeting: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. ICt Mr. Kelley advised that the Utility and Public Works Committee will meet next Mon- day at 7:00 p.m. and any further comments may be heard at that time, though this N will not be a public hearing. Mayor Sevila also advised that anyone may be heard as a petitioner during the regular meeting when this matter is brought back for W action by the council. CO Q PUBLIC HEARING ON PROPOSED AMENDMENTS TO ZONING ORDINANCE RE SIZE RESTRICTIONS ON NEIGHBORHOOD CONVENIENCE CENTERS IN PRN AND PRC DISTRICTS. Planning Director Martha Semmes explained that the developers of Exeter Planned Development proposed in their rezoning application a neighborhood con- venience center of 50,000 square feet - our current Planned Development regula- tions only allow 25,000 square feet maximum. Planning Commission discussed this and asked the applicant to do a marketing analysis - they presented this to the Planning Commission. It supported 40 some thousand square feet for the people actually in Exeter and some additional square footage (up to 50,000 square feet) i if some neighboring areas were considered part of the service area for that cen- ter. Planning Commission agreed that it would be better to base the standard on the number of dwelling units in the Planned Development. Staff did some re- search on this and found a wide variety of numbers, depending on how they cal- culate square footage and the purpose of the center - they felt these centers are intended to be solely for the needs of the immediate community. These would happen as the Planned Developments occur. The only commercial development they are really planning for are the two major mixed use centers, which would be large centers and some associated commercial development in the planned employment areas. It was felt it would be good to try to limit these to really convenience commercial uses - those used on a daily basis, but they would not compete with existing community centers, such as Leesburg Plaza. The Planning Commission came up with 30 square feet per dwelling unit to be permitted within a Planned Development for neighborhood convenience centers. Tom Poupard suggested some other amendments to improve the ordinance, one of which was that no neighbor- hood retail convenience center would be permitted within a planned residential district which has less than 200 dwelling units. It was also felt there should be a "cap" on the size of it - 40,000 square feet is recommended. Under this standard, 30,000 is about the maximum we will see based on the land masses we have in Leesburg. No zoning permit would be issued until a certain number of dwelling units are constructed. There followed some few questions by Mr. Bos and Mayor Sevila. Mr. James Giegerich, market analysis consultant engaged by Exeter Properties, said that, in doing their analysis, they looked at the market that would be gene- rated by Exeter itself and how it would work with a convenience store or center in the middle of the community. The result of their study shows that the market based area that could be justified would be a maximum of 52,000 square feet. This would be a demand of about 43 feet per dwelling unit. In the primary area there would be a demand of 40,000 square feet, or 33 feet per dwelling unit. Adding the adjacent dwelling units to the south, there would be a need for 42,000 square feet. He further explained how they calculate this. He commented on the staff report concerning these centers as follows: Concerning the size of these centers, he MINUTES OF APRIL 10, 1985 MEETING. 380 encouraged Council to think about a flexible approach which would relate to the number of square feet per dwelling unit - this would give the opportunity to have the shopping center more specifically related to the kind of demand that is generated within the development. He agreed,with staff .that a minimum number -of dwelling units should be considered, as well as a maximum number, in establishing the size of the commercial development. As to the time of development, though the staff feels they might wait until they reach 200 dwelling }nits before they allow the shopping center, he feels the market should control this decision. Concern- 1 ing the standard of 43 square feet per dwelling unit, the Exeter developers felt they could live with 40 squarefeet per dwelling unit. He encouraged Council not to limit this to 40,000 square feet - they would be removing their flexibility for a neighborhood convenience center to be sized in accordance with the demand of a particular development. They don't believe that a 7-11 would be appropriate - they need something larger. They have identified a list of uses with respect to the residences and the fact that it is right next to a golf course and near other public uses. They would include a little restaurant, bakery and coffee shop, a cleaners, a shoe repair and a medical-dental office to serve this area and that immediately around it. Also, a store that would address multiple uses - perhaps sporting goods and toys. Most of these could be considered to be complimentary to other stores in the area and not be competition to those already in existence. There-is a chart in the planning staff's memo to the Planning Commission regarding commercial development requirements of residential planned developments - this gives a comparison with other jurisdictions. Most similar to Leesburg are Virginia com- munities, with the exception of Montgomery County and Frederick County, Maryland. Montgomery County is the only one that comes close to the existing Leesburg ordi- nance - however, this has never been done because the area is too small. The smallest one is in Fauquier County - it is 45,000 square feet. Shopping centers. are a service and a. convenience to the community. A development like Exeter really : deserves and should have its own level of commercial services. There is a certain amount of traffic that would be contained internally with a convenience center. They recommend that 40 square feet of gross leasable floor area be the standard and that you either increase the maximum size to 50,000 square feet or not put a maximum on it. Mr. Bos asked where the threshold is between a neighborhood con- venience center and another shopping center? For example, as soon as you get out of Exeter, you are right at the Plaza Shopping Center. Mr. Giegerich -felt that the predominant choice of the people in Exeter would be the convenience center and those elsewhere would be in the community shopping area. Most of the family budget would go to the latter. Mr. John A. Wallace, a co-owner of Leesburg Plaza Shopping Center, felt a convenience center is a place that meets an immediate problem - a place to buy items you need in a hurry - perhaps a barber shop, a hairdresser but not a big department store. This sounds like you are being led into another shopping center. Some day there will be a regional mall, but the other centers will live on just as though nothing has changed, but now you couldn't stand it. He would recommend 20 square leasable feet for each dwelling unit. When they opened the Giant Food Store in 1967, they anticipated Leesburg would have a population of 15,000 to 20,000 by 1978, but the County took a very strong no-growth attitude and turned down every residential zoning request for seven years. This caused a very serious hold-back on what you could do commercially, so they did not have the power to talk to a major tenant - you need the population for this power. K-Mart gambled on it and they designed their parking lot, which he does not like but can do nothing about. You have to be able to say that Leesburg is going to be a strong area - right now it looks like it is going to be. It takes the ability to attract tenants and get the rent that will cover the cost of the project. He asked that Council consider this as a "convenience center" - not consider a shopping center as part of a planned community development. Mr. Smith asked if this proposed amendment has any impact on existing residen- tial developments? Ms. Semmes replied that this is only within the planned de- velopment. Mr. Alton Echols felt this is a good reasonable attempt at exercising a degree of control aimed at restricting these as convenience centers. He was not sure he would restrict the size, but he weighs the fact that Council has the power to amend the regulations. He was concerned though - there has been a running battle in Sterling Park for the last six to eight months concerning "arcades". He believed Council should define the specific uses within these centers and make sure that the users could not have such arcades, etc. Also, in Frederick County there is an area of 1200 homes that started a convenience center with a 7-11 (this was not sufficient and it is now boarded up - an eye- sore) . Council might want to consider this too. Countryside has some 2,000 homes, with 2,600 or 2,700 projected, and there is no shopping center now. The closest one is 3 to 4 miles away. Leesburg has shopping centers within a mile's 1 MINUTES OF APRIL 10, 1985 MEETING i 381 radius of everywhere. He suggested that a convenience center will eventually be half offices and half convenience items, so perhaps 40 square feet is not out of line. 1 Mayor Sevila declared the public hearing closed and asked Mr. Giegerich to provide us with five additional copies of his report. On motion of Mrs. Hill, seconded by Mr. Williams, Council voted unanimously to refer this matter to the next Finance and Administration Committee for con- sideration at its next regular meeting: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. PUBLIC HEARING - PROPOSED USE OF FEDERAL GENERAL REVENUE SHARING FUNDS IN FY 85-86. Mr. Minor advised that, historically, Leesburg has used its revenue sharing funds in the Police Department to fund operations. Next year we expect to receive $22, 126 - this is based on proposed termination of the program. This is the most efficient way to administer these funds - they will be proposed in the forth- coming budget. Mr. Bos asked how this compares to what we received last year? lq Mr. Minor said we received $86,172. This hearing is a requirement of the general r- revenue sharing regulations . WThere was no-one present to speak on this matter. The hearing was closed. CO On motion of Mrs. Hill, seconded by Mr. Williams, this was referred to the Fi- Q nance and Administration Committee for consideration for the budget deliberations: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Mayor Sevila declared a five-minute recess, after which Council reconvened. i COUNCILMEMBER COMMENTS: Mr. Bos reported that the Board of Architectural Review met in special session a couple of weeks ago and passed some resolutions that he would like to have Council consider at the end of this meeting. Council has received copies of the EDAC survey. Mr. Williams reported that the ad hoc committee of the Council met with their counterparts of the Board of Supervisors - the Mayor and he met with Frank Raflo on Tuesday with respect to the status report on the National Cemetery (the realign- ment of the town boundary) . Mr. Raflo suggested that they continue to pursue the Pennington Tract (there is a memo on this) . They would like to alleviate the crunch of thea downtown parking and grant a temporary parking lot on this tract without paving it and simply put gravel in there. If Council approves this, a request can be sent to the Board of Zoning Appeals for a temporary parking lot. He personally feels it would be very beneficial to the downtown area. He also felt it is good that the residents of Brandon came out tonight to voice their interests about their own neighborhood. Mr. Kelley, he and the staff, along with representatives of both communities, have attempted to address their concerns from both their communities' and the town' s viewpoint . Though they might not reach a solution, it is very help- ful to have them. Mrs. Hill reported that the Cable Advisory Commission met. Prime Cable of Mary- land, Limited Partnership, has requested permission to purchase Storer' s franchise rights. The Advisory Commission has set a public hearing for May 7th at 7:30 - they will then make a recommendation to Council. They have 2,081 basic customers as of March 20th. Winfield Kelly and Jerry D. Lindauer are two of the principals in Prime Cable. They have made formal application and have paid the $500 fee. Mr. Minor com- mented that it is appropriate for the Cable Commission to address this and make a recommendation to the Council. Fundamentally, there are no significant changes pro- posed in the quality of the service required under our franchise. The waivers granted to Storer will remain in effect - the offices are still here. The manpower require- ments in their proposal have really been exceeded, but the primary focus was on the reduction in local origination. this is one of the items that needs to be looked at. Mayor Sevila commented that a suit has been filed by stockholders of Storer to pre- vent this kind of thing. Mr. Minor said there is a take-over attempt. One of the MINUTES OF APRIL 10, 1985. 382 goals of Prime Cable is to get this sale expedited before that stock purchase can be closed. Staff will be determining whether it is in our interest to ac- u?lerate consideration. We have been told that those attempting to take over plan to liquidate all their assets. There are no other applicants at this time. Mr. Curry advised that the Planning Commission met on April 4th and held a public hearing on the Linden Hill concept plan. Mr. Tyler, RosserePayne, his planner, and his architect spoke - they all thought their base density should be four dwelling units per acre and that the staff report of April 1st was very late. He (Mr. Curry) felt the report should have been out before the public hearing was scheduled. The staff report says the density should be only two dwelling units per acre (this will be the major issue) . A lot of people from Country Club spoke, all feeling that 70 units were too many for only 10 acres. There was one resident whose lot adjoined Mr. Tyler that spoke in favor of it. The Commission approved a final plat of the Resubdivision of Leesburg Station II. Mr. Kelley echoed Mr. Williams' comments regarding the ad hoc committee and the citizens from Brandon and Silver Oaks and the staff - he hoped they can come to some equitable solution on this. He felt this morning' s presentation at the Economic Development Advisory Committee meeting was excellent - June Bachtel gave them a set of priorities the way the County had done it. This provides a great guideline for the future. They will have a second meeting two weeks from today. He felt the members of the committee are ready to get out and do something - he is looking forward to it. He thanked Steve Owen for inviting June Bachtel. • Mr. Tolbert advised that the Airport Commission has been invited to listen in on the rezoning of a piece of property near the airport tomorrow. Mayor Sevila understood that our runway is presently 3500 feet and the ex- pansion will increase itto 4500 feet . Mr. Minor said there is another extension of 1,000 feet to the south - it may or may not ever be done or it may be done in ten years - it is to be there only for environmental purposes. We did not want to put in 1,000 feet of meaningless asphaltic concrete on our runway - Campbell, McQueen and Paris studied this very carefully and found that 4500 feet will ac- commodate the Falcon 50 aircraft and the mult-million dollar corporate jet air- craft. Mr. Curry said there was some question as to whether there would ever be a need for a cross runway. Mr. Minor felt this has been resolved - the Council has eliminated this from the Master Plan - this has also been eliminated from the annexation areachvelopment policies . MAYOR'S REPORT: Mayor Sevila added that the ad hoc committee on the Beus boundary line matter resolved that probably the best approach to get this issue moving again was to move forward with the joint dedication of the entire tract. The study we were waiting for has not been undertaken by the National Park Service and probably will not be undertaken until there is a dedication into the hands of some public agency. The town and the county staff will prepare the appropriate documentation to complete the conveyance from the Beus people of all the land that would be included in the park. They hope that, once that is done, they can go forward with the planning of the actual park and conclude the issue of who is going to be the ultimate owner of the land. As of now, it will be joint ownership by the town and the county, with ultimate ownership going probably to the Regional Park Authority. Mr. Minor added that there would be a reversion clause if the development did not succeed. Both the town and the county have demonstrated their interest in providing both regional and local recreation. MANAGER'S REPORT: (1) Mr. Minor reported that a check in the amount of $25,000 has been re- ceived for the sale of the Andover Well site. The deed has been prepared and will be executed by the Mayor - they will close on this shortly. (2) The planning staff has prepared the revised sign ordinance and it is under internal review. Also, the B-2 zoning revisions will be available to the Finance and Administration Committee at its meeting next week. Council is aware of the terms of our working with Mr. McKimmey and others involved in the toxic waste problem encountered at the South Harrison Street proj- ectin the McKimmey Mill. This work has proceeded and Mr. McKimmey and Mr: Brown- ell have cooperated fully with the town. We are appreciative of that and are con- fident that this situation will be resolved and that the test results we re- ceive from Versar will indicate that the remaining site, after the excavation, MINUTES OF APRIL 10, 1985 is totally clean and void of any toxic contaminants. 383 (4) The Public Works Department is continuing with its brick sidewalk and curb and gutter program - they are nearly through with the Wirt Street work. The quality of the work is excellent and they are performing at a faster pace than when they started several years ago. (5) Council will conduct public hearings and extensive work sessions on the Budget for Fiscal Year 1986 (he distributed copies of the Budget to councilmembers. ) He was pleased to advise that the proposed budget includes no tax increase, no new new taxes, no new fee increases, no increases in utility rates and no increases in availability fees. . There will be no effective tax rate increase because there is no reassessment in Leesburg for 1985. He cited some nine reasons why they were able to propose a budget that is balanced with these same rates and fee schedules. The solvency of the Utility Fund depends on the final construction costs and our success in getting additional funds from EPA and the State Water Control Board for our sewer plant expansion project. We have received word from EPA that they ruled in favor of the town with respect to the MCI and Federline protests. Mr. Ney has prepared a Motion to Dismiss the Circuit Court suit by MCI and has received a copy of the final determination by the EPA regional counsel. Once we have received ad- ditional information on construction costs and grant proceeds for next year, the Finance Department will begin a detailed rate study to be a part of next year's budget. The budget includes some significant capital outlays. Along with growth r - and annexation, you naturally expect the government to have its responsibilities and obligations increased. One of the projects is the Catoctin Circle-Harrison Street traffic signal - we now have funds to construct that signal in 1986. WAnother item is the town office expansion - we need to consolidate all our offices CO and the Council Chambers into one building - to improve our image and to enhance the Historic District. Another need is for downtown parking. The cost of living proposal for Town employees is four per cent, which is consistent with other Nor- thern Virginia area jurisdictions. The proposed schedule is for the first work- shop to be held on May 15, the public hearing on May 22 and adoption of the budget on June 12. 85-50 - RESOLUTION - VACATING THE SUBDIVISION PLAT OF LEESBURG STATION, SECTION II. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, it has come to the attention of the Leesburg Town Council that there are certain technical errors in the subdivision plat and the lo- cation of utilities and structures in the Leesburg Station, Section II, Subdivision Plat; and WHEREAS, the firm of Bengtson, deBell, Elkin & Titus has prepared a new subdivision plat dated April 4, 1985 that accurately plats the utility easements and property lines; and WHEREAS, the Leesburg Planning Commission has approved the subdivision plat prepared by Bengtson, deBell, Elkin & Titus dated April 4, 1985, contingent upon the Council's vacation of the original subdivision plat prepared by Kiddie Consultants and dated August 28, 1985: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The final plat of Leesburg Station, Section II, Lots 1-37, open space and attendant utility easements, platted and recorded in Deed Book 851 at Page 1778 and plat re-recorded in Deed Book 852 at Page 1852 is here- by vacated. Mr. Curry commented that there is a lot of work put in these construction drawings for utilities and the Town Engineer has to spend a lot of time checking them. It is the inspectors' job to see that they are installed in accordance with the drawings. He feels the inspectors fell down on the job in this case - they should have seen that they were installed in the proper easements and in a workmanlike manner. If they don't do this, what good are the drawings? Director of Engineer- ing Tom Mason explained that the inspectors have no control over the actual posi- tioning of these utilities in the ground - they are there to. be-sure:they':are installed in accordance with the proper methods. We have no way of checking the surveyor' s locations without doing a survey ourselves. They don' t even have the 384 MINUTES OF APRIL 10, 1985 MEETING. equipment to accurately verify the actual location of every house that is built or every pipe that is put in the ground. The problem with this particular subdi- vision is that it' s not just one pipe that 's off - there are a lot of things that are off just a little bit. Our inspectors did note a problem in this particular area - it was noted in our records but we had not been able to do anything about it. It has finally been taken care of. Mr. Curry said there was one storm sewer . _ . line that was quite a few feet. off. - it should have,been obvious. Mr. Mason said • this was noted in the inspector's records - the only recourse.the town has is to refuse to accept it into the system, which would require that it remain as a pri- vate sewer forever or be constructed in accordance with the requirements - this is the step we are taking now. Things are falling into place - Mr. Titus is do- ing a good job in working with him to get these things resolved. No-one knew how misaligned things were out there until an actual as-built survey was done. He added that we are 99 percent as good as new now. Mr. Kelley advised that he will abstain from voting on this since he has a house under construction there. The resolution was adopted by a vote of 6 to 1 abstention: Aye: Councilmembers Bos, Curry, Hill, Tolbert, Williams and Mayor Sevila. Nay: None. Abstention: Councilmember Kelley. Mr. Curry felt the plat should be marked "Revised" since there is an original plat already recorded. LEGISLATION: On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolutions were proposed and unanimously adopted.as consent items: 85-51 - RESOLUTION - APPROVING A STORM SEWER AGREEMENT BETWEEN THE TOWN OF LEES- BURG AND MARKET SQUARE ASSOCIATES. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is hereby authorized to execute an agreement with Market Square Associates, Inc. which provides for the payment of costs of mainte- ^ nance, replacement and use of the storm sewer that traverses the Market Station project. 85-52 - RESOLUTION - AUTHORIZING THE TERMINATION OF THE ESCROW AGREEMENT BETWEEN THE TOWN OF LEESBURG AND WELLESLEY TRUST DATED SEPTEMBER 18., 1984. WHEREAS, Council Resolution No. 84-155 authorized an escrow agreement be- tween the Town of Leesburg and the Wellesley Trust; and WHEREAS, the Town of Leesburg and the Republic Insurance Company entered into an agreement on November 9, 1984 which provided for the installation of all outstanding public facilities and improvements in Phase I of Section 4 of Leesburg Country Club Subdivision at the expense of the Republic In- surance Company; and WHEREAS, all of the required public improvements in Phase I, Leesburg Country Club, Section 4, have been installed; and WHEREAS, the Republic Insurance Company has reimbursed the town for all ex- penses which total $77,904.36; and WHEREAS, the aforementioned escrow agreement was not established because of the Republic Insurance Company's full compliance with the terms of .its agree- ment dated November 9, 1984; and WHEREAS, substitute performance guarantees have been issued and accepted by the town for the completion of all public improvements in Leesburg Country Club, Section 4: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The escrow agreement between the Town of Leesburg and the Wellesley Trust is hereby terminated and the Wellesley Trust is hereby relieved of all obli- gations to contribute to the costs of public improvements in Leesburg Country Club, Section 4. MINUTES OF APRIL 10, 1985 MEETING. 385 85-53 - RESOLUTION - RELEASING A PERFORMANCE BOND FOR PHASES I, II, III AND IV, OF LEESBURG COUNTRY CLUB?; SECTION 4. 1 WHEREAS, the Republic Insurance Company is the issuer of Bond Numbers 913168, 913169 and 913170 to guarantee the installation of public facilities and im- provements in Leesburg Country Club Subdivision, Section 4, Phases I, II, III and IV; and WHEREAS, the Town of Leesburg and the Republic Insurance Company, by agreement dated November 9, 1984, did provide that the town would complete the installa- tion of all public facilities and improvements in Section 4, Phase I, of the Leesburg Country Club Subdivision, conditioned on the Republic Insurance Company reimbursing the town for all expenses in connection with material and labor to install all improvements within Phase I, up to an amount not exceeding $85,674. 10; and WHEREAS, all of the required public improvements in Leesburg Country Club Section 4, Phase I, have been installed; and WHEREAS, the Republic Insurance Company has reimbursed the town for all ex- penses which total $77,904.36; and WHEREAS, the aforementioned agreement provides that the town shall release the Republic Insurance Company from any and all responsibility and/or loss Nunder the aforementioned Bond Numbers 913168, 913169 and 913170 upon satis- Wfactory payment of all invoices submitted to complete said improvements. CO THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as Q follows: Performance bonds issued by the Republic Insurance Company (Bond Numbers 913168, 913169 and 913170) to guarantee installation of public improvements for Phases I, II, III and IV in Leesburg Country Club Subdivision, Section 4, are released. I85-54 - RESOLUTION - APPROVING THE FORMS OF THE SPACE LEASES FOR THE MARKET STATION PROJECT. WHEREAS, Section 21(b) of the Deed of Lease and Development Agrement between the Town of Leesburg and Market Square Associates, Inc. , provides that lease forms must be approved in writing by the town; and WHEREAS, Market Square Associates has submitted lease forms for antique space and retail space for the town' s approval; and WHEREAS, the lease forms are in good order and have been approved as to legal form by the town attorney. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as fol- lows: The lease forms for antique space and retail space at Market Station are hereby approved. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mr. Williams, seconded by Mrs. Hill, a resolution making an appropriation for a 3/4 ton crew cab pick-up truck was unanimously referred to both committees for further consideration: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-55 - RESOLUTION - AUTHORIZING A CONTRACT WITH I.N.E. CORPORATION OF NEW BEDFORD, ' MASSACHUSETTS TO PROVIDE THE TOWN WITH DATA PROCESSING SOFTWARK AND AUTHORIZING THE PROCUREMENT OF DATA PROCESSING HARDWARE FROM IBM CORPORATION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: 3 MINUTES OF APRIL 10, 1985. WHEREAS, on January 28, 1985 the town issued a request for proposals to prospective vendors to provide the town with a data processing system for the purpose of automating the town's finance department operations; and WHEREAS, on March 1, 1985 the town received proposals from fourteen vendors who were interested in providing the town with these services; and WHEREAS, after that date at the proposals were reviewed and two firms were selected to provide demonstrations of their available software; and WHEREAS, as a result of these demonstrations the town.has decided that I.N.E. Corporation of New Bedford, Massachusetts is the firm that can best fulfill the town' s present and future data processing needs; and WHEREAS, I.N.E. 's system is specified to operate on the IBM system 376 com- puter; and WHEREAS, the IBM Model 36 computer cannot be supplied by I.N.E. but must be procured from IBM Coprporation and qualifies as a "sole source procurement" as specified in §8.4 of the town' s purchasing policy. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute a contract between the town and I.N.E. Corporation to provide the town with data processing services. The amount of the contract shall be $27,500 which includes the related software and training to be provided by I.N.E. for town staff members. An appropria • - tion is hereby made in the amount of $27,500 to Finance Department Account No. 1214-302 for the cost of these services. SECTION II. The manager is authorized to execute a contract with IBM Cor- poration for the procurement of data processing hardware. It has been de- termined that the most appropriate method for the town to obtain this equip- ment is to enter into a lease/purchase agreement with IBM. In this respect a sixty month lease/purchase contract shall be executed. Since sufficient funds are available in Finance Department Account No. 1214-302 for the ac- quisition of the computer equipment no additional appropriation of town funds will be required. Mr. York explained that this appropriation is to cover the cost of the software. There are sufficient funds in the Finance budget for this current year for the hardware. They plan to obtain this hardware on a lease-purchase contract with IBM, so it will be paid out over a period of time. Unfortunately, the software firm we are dealing with wants their money up front. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 85-56 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF BERNARD M. CARLTON, TRUSTEE, FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLAN- NING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15. 1 OF THE CODE OF VIRGINIA, AS AMENDED. On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Bernard M. Carlton, Trustee, for revision of the zoning district map from County R-2 to Town B-2, assigned No. ZM-62, is received and referred to the Planning Commission for public hearing and recommenda- tion under Chapter 11, Title 15. 1 of the Code of Virginia, as amended. Mr. Bos commented that this is another B-2 rezoning and wondered if Mr. Carlton was aware of what is going on or whether any informal talk has taken place about proffers as to the use of that property. Mr. Curry felt the Planning Commission would want a staff report before the public hearing. The resolution was unani- mously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. i MINUTES OF APRIL 10, 1985. 387 On motion of Mr. Bos, seconded by Mr. Williams, Council voted unani- mously to refer two resolutions adopted by the Board of Architectural Review concerning "Supporting the Adaptive Re-use of the Valley Bank" and "Support- ing the Twenty-five Percent Investment Tax Credit for Rehabilitation of His" toric Buildings" to the Finance and Administration Committee for consideration. 1 Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mr. Tolbert, seconded by Mr. Bos, the meeting was adjourned. 1 //. • N//� Mayor r/ a /..J. . Clerk of the Council I