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HomeMy Public PortalAbout1985_10_09 46 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL OCTOBER 9, 1985 A regular meeting of the .Leesburg Town Council was held in the Council Chambers, 10 Loudoun. Street, SW, Leesburg, Virginia on October 9, 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 Cub Scout Webelo Pack # 954. Present were Mayor Robert Sevila, Councilmembers Charles Bos, Marylou Hill, Arl Curry, Brian Kelley, John Tolbert and Charles Williams; also present were Assistant to Town Manager, Steve Owen, Director of Engineering, Tom Mason, Director of Finance, Paul York, Director of Planning, Zoning and Development, Martha Mason-Semmes and Deputy Town Attorney, Debbie Welsh; Planning Commission members Lay , Belles, Jackson and Curry. The motion was made by Mr. Tolbert and seconded by Mr. Williams that the minutes of the regular meeting of April 10, 1985 be approved as submitted. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None JOINT PUBLIC HEARING WITH PLANNING COMMISSION REGARDING REZONING OF SILVER OAKS FROM B-2 TO R-2 • Chairman of the Planning Commission, stated that there was a quorum of the Planning Commission at this joint public hearing. 1 , Planning Director Martha Semmes stated that this rezoning was for part of Silver Oaks since the other part of Silver Oaks was already zoned R-2. R-2 is a residential district, B-2 is a business district. The purpose of the rezoning is to make the zoning comply with the land use. This rezoning would afford more space between the residences and upcoming commercial development in the office park area. Sam Allaire, a resident of Rockbridge Drive, presented the Council with petitions requesting the rezoning from B-2 to R-2. The residents would like to see the community remain as it is now and also see the provision of a buffer between the community and future businesses. Alton Echols, one of the owners of the land behind Silver Oaks, stated that they were planning at least a 20' and in some cases more than 40' buffer zone between the residences and his business development. Jeff Rainey, president of the Silver Oaks Homeowner's Association, had a question regarding the screening requirements and whether this rezoning would have an effect on them. Mr. Echols responded that they plan to erect a six foot fence between Silver Oaks and Leesburg Station. The joint public hearing was closed. Comments from the Council were then heard regarding the disposition of this proposed rezoning. Mr. Bos reitereated the importance of maintaining the atmosphere of the neighborhood for the future and supported that action be taken this evening. Mr. Williams recommended that the Planning Commission discuss the matter and return with a recommendation for Council this evening. The Council requested the Planning Commission meet following the next item for public hearing and present a recommendation this evening. Mr. Minor stated that legislation had not been prepared for this evening's meeting and requested that legislation be prepared and then be presented at the next Finance and Administration Committee meeting. OCT9.1 47 MINUTES OF THE OCTOBER 9, 1985 MEETING JOINT PUBLIC HEARING WITH PLANNING COMMISSION REGARDING STANDARDS FOR MULTI-FAMILY DWELLING UNITS IN R-4 AND B-2 ZONES Planning Director Martha Semmes stated that this legislation is presented to implement greater design controls over multi-family development by 1) amending the R-4 zone and 2) applying the same standards as in the B-2 district. These revised standards will improve the appearance, open land requirements,_ and general aesthetics of future multitfamily`housing units. Mr. Curry questioned whether in the R-4 district if less road frontage is required, would this need to be readvertised? Ms. Semmes stated that this would need further review to determine whether the changes are significant enough to warrant readvertisement. Mr. Minor 'stated that readvertisement probably would be necessary since this addresses an entirely different subject. Larry Horton, representing a Roanoke developer specializing in nursing homes and apartment complexes, spoke regarding some problems they had encountered with this type of legislation. He stated that he has a vested interest in the outcome of this since he has spent much time designing multi-family housing for development in Leesburg. Some of his concerns were regarding the open space requirement. He does intend to put some recreation areas in, but not nearly as large as may be required by this legislation. In a one to two bedroom unit apartment complex you have mainly young professionals, not so many families with children, and large open space (recreational area) requirements become wasteful. He also stated that if a present building were converted to multi-family dwellings, how could they possibly comply to the open space requirement? Steve Pournaras came to speak against the elimination of the multi- ; family dwelling units from the B-2 zone. He is a representative of two developments, Leesburg South and Hakim•Associates. Both of these areas are zoned B-2. He said these areas were bought to be used as multi-unit dwelling developments many years ago. In the staff report he heard no reason given why the multi-family units would be disallowed in the B-2 zone. Jim Anders of Dewberry & Davis, representing Pulte Homes and R.C. Hawkins Construction Company, reitereated Mr. Horton's view on the large amount of land for recreational uses in smaller developments. Their experience in other jurisdictions was that for smaller infill developments a per unit set aside was more feasible, secondly, a per unit contribution results in a higher quality of these amenities. Mr. Bos asked if what was being suggested was that open space requirements be based on number of units. Mr. Anders stated that this was a good standard to go by. Steven Pratt, a representative of R. C. Hawkins, said there were two points that concerned him on the ordinance. He said their development is in the B-2 zone, they would benefit to have the zoning changed to R-4. If it remains B-2 they could be caught mid-stream The other point was the specific open space allocation, their concern is that they have 312 apartment/condominium units and have allocated for a pool, bath house, etc. They may do some things with the second phase but not as much as would be required. Between the height limitations and the parking space requirements, there is not a lot of land left to get in the number of units and parking to allow for large open space. Alton Echols commented on the B-2 zoning. With the aid of a map he pointed out the B-2 zones in town, commenting on the difference between condos and apartments and asking how many apartments have been put up in the past several years. Are the fears subsidized housing units or those with high concentrations of families? There are too many different rules at present for what is considered "multi-family" residential areas. He requested a work session to give the planning area of the town input from developers and help make things more uniform. OCT9.2 48 MINUTES OF THE OCTOBER 9, 1985 The public hearing was closed at this point. The petition presented to the Council on the Silver Oaks rezoning was presented to the Clerk of Council to become part of the record. On a motion by Mrs. Hill and seconded by. Mr. Kelley it was proposed that the Rezoning of Silver Oaks be referred to the next. Finance and Administration Committee meeting. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mrs. Hill and seconded by Mr. Kelley it was proposed that the changes to the R-4 and B-2 zones be referred to generally and agendad after staff can inform that the Planning Commission is ready for a report. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None At this point there was a five minute recess. COUNCILMEMBER COMMENTS Mr. Bos reported that the B.A.R. had met at one regular meeting and one special meeting. last week as mentioned in the manager's report. He also stated that the job description manual was a nice addition to the councilmembers information packet. Mrs. Hill stated that the Cable Advisory Commission had met and that there.was a gain of 17 new subscribers. There were 46disconnects; 3 for non payment and the rest for reasons such as moving. Some new programs had been added and Disney Channel had the most new subscribers. Mr. Curry gave a report on the Planning Commission which met on October 3, ZM-65 public hearing, the concern being townhouses and the traffic that could be generated. The preference was townhouses rather than condominiums and a higher density housing. Mr. Sevila asked Ms. Semmes about the projections for the road connections that were planned for this area. Mr. Kelley said that E.D.A.C. had met that morning and that Steve Owen had given an update on the Certification Process. This has been done and is ready to go. Mr. Tolbert stated that the Airport Commission was scheduled to meet tomorrow evening ,at 7:30 p.m. Mr. Minor stated that the there would be a strategic planning meeting tomorrow evening at 7:30 p.m. Mayor Sevila spoke about the Blue Ridge leasehold and the expiration date that was coming up. Also, last Sunday there was a dedication of the W&OD park/trail in Leesburg. He stated that this was a very impressive dedication; mentioned for future agenda meetings were 1) there is some confusion on hikers and bikers coming. into town trying to find the downtown area, maybe a map could be provided; 2) while we are in the recreation planning stage, maybe a White's Ferry Connection could be made someday. MANAGER'S REPORT 1. One item not mentioned in the Activity Report was that Mr. Juan Chaves had recently gone through some surgery and is now recuperating very well. Also, Mr. Chaves will be retiring effective January 1, 1986. He has held this position for approximately 15 years. Council will be receiving recommendations on the reorganization of the Public Works Department. OCT9.3 49. MINUTES OF THE OCTOBER 9, 1985 MEETING 2. The agreement has been signed regarding the Catoctin Circle North extension. This will allow this project to proceed. 3. The major portion of the State Certification Program application has been completed and sent to the State for approval. The efforts put into this have produced a fine document and should be a large boost to the town as far as economic development programs are concerned. 4. The deceleration lanes for Governor's Drive and Country Club Drive. have been completed and should be a benefit torthose areas. LEGISLATION On a motion by Mrs. Hill and seconded by Mr. Williams, - -...G the following items were considered consent items and adopted as follows: 85-0-23 - ORDINANCE - AMENDING CHAPTER 12.1 ARTICLE 21 OF THE TOWN CODE V/ (ARTICLE 21 OF THE PERSONNEL MANUAL) TO COMPLY WITH THE STATE N GRIEVANCE PROCEDURE POLICIES N WHEREAS, the Commonwealth of Virginia has established statutory W mandates for local grievance procedures; and CO Q WHEREAS, these grievance procedures must be in compliance by January, 1986: ORDAINED by the Council of the Town of Leesburg in Virginia as . follows: : SECTION I. Section 12.1-53 of the Town Code (Article 21 of the Personnel Manual) is amended to read as follows: (a) For the purpose of this grievance procedure, a grievance •shall be construed as a complaint or dispute by an employee relating to his or her employment, including, but not necessarily limited to: 41) - disciplinary-actions involving dismissals, demotions, and suspensions; (2) concerns regarding the application, meaning or interpretation of these personnel -policies, procedures, rules, regulations, ordinances and ' statutes; (3) acts of reprisal as the result of utilization of the grievance procedure; (4) complaints of discrimination on the basis of race, color, creed, sex or handicap; and (5) reprisal on the part of the town-as a result of an employee's participation in the grievance of another employee. (b) Complaints are not grievable where they involve: (1) establish- ment and revision of wages or salaries, position classifications or general benefits; (2) work activity accepted by the employee as.a condition of employment or work activity which may be reasonably expected to be a part of the job content, however the measurement and assessment of work activity through a performance evaluation shall not be grievable - except where -the employee can show that the evaluation was arbitrary or capricious; (3) the contents of ordinances, these rules, or other established procedures and regulations; (4) failure to be promoted except where the employee can show established promotional policies or procedures were not followed or applied fairly, (5) the methods, means and personnel by which such work activities are to be carried on; (6) discharge, layoff, demotion, or suspension from duties because of transfer, assignment and retention of employees within the agency (provided such actions do not constitute disciplinary actions); or (8) the relief from normal duties in emergencies. SECTION II. Section 12.1-54 (a) of the Town Code (Article 21 of the • Personnel :Manual) is amended to read as follows: .. Sec. 12.1-54. Procedure - • (a) Step 1 The grievant shall verbally present the facts surrounding the grievance to his immediate supervisor within 30 days of OCT9.4 50 MINUTES OF THE OCTOBER 9, 1985 MEETING the date the grievance or dispute occurred. The supervisor shall render his decision to the grievant within 5 working days from the day the grievance was presented. SECTION III. Section 12.1-55(c)(1) of the Town Code (Article 21 of the Personnel Manual) is amended to read as follows: (c) Conduct of Investigation The panel member apponted pursuant to Sec. 12.1-55(b)(3) shall be the chairperson of the panel, and the panel shall establish a hearing date no more than ten working days from receipt of the grievance. (d) Powers (2) The majority decision of the panel shall be final in all of its determinations. The manager shall enforce' all decisions of the panel and the grievant may petition the circuit court for implementation of the panel's decision if the manager fails to act on the panel's decision. SECTION IV. All prior ordinances and resolutions in conflict herewith are repealed. SECTION V. This ordinance shall be effective upon its passage. 85-175 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF BRUCE M. BROWNELL FOR REVISION TO THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION'FOR PUBLIC HEARING UNDER CHAPTER 11 TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED RESOLVED, 12y the Council of the Town of Leesburg in Virginia as follows: The application of Bruce M. Brownell for revision of the zoning district map, assigned No. ZM-70 to rezone 82.9 acres of land from County RR=1 to County R-2, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. 85-176 - RESOLUTION - GRANTING VILLAGE SQUARE ANTIQUES PERMISSION TO HOLD ANTIQUE SHOWS IN LEESBURG ON SUNDAY JUNE 22 AND SUNDAY OCTOBER 5, 1986 WITH RAIN DATES OF SUNDAY,. JUNE 29 AND SUNDAY, OCTOBER 12, 1986 IF NECESSARY. RESOLVED by the Council of the Town of Leesburg in Virginia'as follows: SECTION I. Village Square Antiques is granted permission to hold antique shows on the streets of Downtown Leesburg on Sunday, June 22, 1986 and Sunday October 5, 1986 with rain dates of Sunday, June 29 and October 12, 1986 if necessary, in the following locations: Ring Street West side from Market Street to Loudoun Street; Loudoun Street North side from King Street to Wirt Street; Market Street South side from Ring Street to Theater; and Municipal Lot South to Town Offices SECTION II. Ten percent of rental fees derived from said antique shows shall be given to the Loudoun Restoration and Preservation Society, Inc. SECTION III. Village Square Antiques shall show proof of liability coverage in the amount of $500,000 with the Town of Leesburg as additional insured, said endorsement to be provided to the town one week prior to the show. OCT9.5 51 MINUTES OF THE OCTOBER 9, 1985 MEETING SECTION IV. Vendor's licenses shall be waived for all exhibitors for the above dates. 85-177 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING ON REZONING $ZM-64 BY DONALD NELSON RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider Rezoning ZM-64 by Donald E. Nelson to have rezoned from County A-3 to County PD-IP ten acres of land located on the east side of Sycolin Road (Route 643) bounded by Shreve on ' 'the north, Richlynn Development, Inc.., Smiley and Cox and Santmyer on the south, Route 643 on the west; and Santmyer on the east shall be published in the Loudoun Times Mirror on October 24 and October 31, 1985 for public hearing on November 13, 1985 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. 85-178 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING AN EXTENSION T OF A PERFORMANCE BOND FOR LOUDOUN HILLS, SECTION VJ II — N N WHEREAS, Cedar Walk, Inc. has executed a contract for the remainder W of public improvements in Loudoun Hills, Section II; and WHEREAS, Cedar Walk, Inc., has offered to build a parking lot to ease the parking problems of Parcel C of the Subdivision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvments for Loudoun Hills Subdivision, Section II with Cedarwalk, Inc. of Virginia. SECTION II. The performance bond from Republic Insurance Company in the amount of $30,000 is extended until March 27, 1986. 85-179 - RESOLUTION - APPROVING A DELINQUENT TAX COLLECTION POLICY WHEREAS, this Council is vitally interested in the collection of delinquent real and personal property taxes so that stable tax rates can be maintained; and WHEREAS, a formal collection policy will assist the Director of Finance and town attorney in the collection of delinquent taxes; and WHEREAS, the Director of Finance on September 11, 1985 submitted a proposed delinquent tax collection policy for both real and personal property: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: • The delinquent real and personal tax collection policies submitted by the Director of Finance on September 11, 1985 are approved. 85-180 RESOLUTION - AUTHORIZING A CONTRACT FOR THE PAINTING OF THE MUSEUM AND MUSEUM ANNEX ROOFS WHEREAS, the adopted budget for FY 1986 includes $10,000 to help meet the needs of the Loudoun Museum; and WHEREAS, a bid was received in the amount of $2850 to paint with two coats the Museum roof and the Museum Annex roof. THWEFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is directed to execute a standard purchase order with J. W. Loveless & Sons, Inc. for the painting of the Museum and Annex roofs. OCT9.6 52 MINUTES OF THE OCTOBER 9, 1985 MEETING Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-181 RESOLUTION - AUTHORIZING A CONSTRUCTION CONTRACT WITH WILLIAM A. HAZEL, INC. TO PERFORM GRADING AND OTHER EARTH WORK ON THE LEESBURG MUNICIPAL AIRPORT APRON PROJECT On a motion by Mrs. Hill and seconded by Mr. Tolbert the following resolution was proposed and adopted: _ WHEREAS, the Town of Leesburg.is party to a FY 1985 grant agreement with the Federal Aviation Administration in the amount of $382,500 to cover ninety percent of costs associated with grading and earth work, engineering fees and miscellaneous utility work on the Leesburg Airport apron project; and WHEREAS, sealed bids for the construction portion of the aforementioned tasks, also known as Contract 1, were solicited in accordance with Leesburg's purchasing policies; and WHEREAS, the engineering firm Campbell, McQueen and Paris, Engineers has certified to the town that the lowest and best bid is from.William A. Hazel, Inc. , of Chantilly, Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to execute all contract documents with William A. Hazel, Inc., for Contract 1 on the airport apron project. SECTION II. Notice to proceed will be issued to William A. Hazel, Inc., upon receipt of all bonds and insurance certificates as specified in the contract documents and upon Federal Aviation Administration concurrence on the award of the subject contract. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila - _ _. Nay: None 85-182 - RESOLUTION - APPROVING THE CONCEPT PLAN FOR FOXRIDGE PARK Op_a motion by Mrs. Hill and secondedbyMr. Bos the following resolution was proposed and adopted by a vote of 6 to 1: _ WHEREAS, Patton, Harris, Rust & Associates has prepared a concept plan for the Foxridge Park; and WHEREAS, ,the Finance and Administration Committee of the Council has recommended that the Council approve this design concept: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The concept plan for the Foxridge Park is approved subject to future modifications to the picnic pavilion. SECTION II. The manager is authorized to advertise for bids for Option One subject to inclusion of restroom facilities. - Aye: _ Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: Mr. Curry OCT9.7 MINUTES OF THE OCTOBER 9, 1985 MEETING 5,3 85-183 - RESOLUTION - AUTHORIZING PAYMENT REQUEST NO. 2 TO R.F.. KLINE, INC. FOR' WORK' COMPLETED AT THE WASTEWATER TREAT- MENT PLANT On a motion by Mrs. Hill and seconded by Mr. Tolbert the following resolution was proposed and unanimously adopted as follows: WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc. ; and WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the Council of the Town of Leesburg provides: "The Council at its option will require prior approval of all requisitions for payment under this contract: ; and WHEREAS, the contractor has submitted Payment Request No. 2 on September 25, 1985 and Camp, Dresser and McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering has recommended payment of CD Payment Request No. 2 in the amount of $34,652.20: N THEREFORE, RESOLVED by the Council of the Town of Leesburg in N Virginia as follows: CCI Payment in the amount of $34,652.20 ($36,476.00 less 5% retainage) Q shall be made to R. F. Kline, Inc. for Payment Request No. 2 for the Wastewater Treatment Plant Expansion Project. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and • Mayor Sevila Nay: None I I NEW BUSINESS 85-184 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING ON VACATION OF BUILDING RESTRICTION LINE OF LEESBURG COUNTRY CLUB, SECTION IV, SUBDIVISION PLAT - - On a motion by Mrs. Hill and seconded by Mr. Kelley the following resolution was proposed and adopted: . WHEREAS, the final plat of Leesburg Country Club Subdivision, Section IV as recorded in the land records of Loudoun County has a 35-foot building restriction line; and WHEREAS, the Yeonas Company has constructed 22 single-family homes that infringe on the recorded building restriction line: NOW, THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia ''-as follows: A notice -of public hearing to consider thevacation 'of the building restriction line of the Leesburg Country Club Subdivision, Section IV as provided for in Section 15.1-482 of the State Code, as amended shallbe published in the Loudoun Times Mirror on October 31 and November 7, 1985 for public hearing on November 13, 1985 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. After brief discussion and explanation of how this occurred; the vote was as follows: • Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None OCT9.8 54 MINUTES OF THE OCTOBER 9, 1985 MEETING 85-185 - RESOLUTION - AUTHORIZING OPTION AGREEMENTS WITH LEEGATE . CORPORATION, N.V. FOR LOTS IN LEEGATE INDUSTRIAL PARK On a motion by Mrs. Hill and seconded by Mr. Kelley, the following resolution was proposed and adopted: - - WHEREAS, Lee;gate Corporation, N.V. ("Leegate") is the owner of certain property located in the Town of Leesburg, Loudoun County, Virginia, fronting on the south side of State Route 7; and WHEREAS, Leegate has an approved preliminary subdivision plat and a pending record plat for an industrial park subdivision to be known as "Leegate Industrial Park" ; and WHEREAS, the State Community Certification Program requires the Town to control 20 acres of developable industrial sites and the availability of such sites will enhance the Town's competitive marketing position; and WHEREAS, it is the desire of Leegate and Leesburg to enter into one or more Option Agreements to provide' for an option for Leesburg to purchase lots totalling approximately 20 acres at a price of $2.50 per square foot in this proposed Leegate Industrial Park Subdivision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager, on behalf of the Town, is hereby authorized to enter into one or more option agreements with Leegate Corporation, N.V. in the form attached as necessary :to secure options on lots totalling at least twenty acres within Leegate Industrial Park for the purposes set out in this Resolution. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None . 85-186 - RESOLUTION - AUTHORIZING SUPPLEMENT NO. 3 TO LEASE NO. DTFA05-84-L60624 BY AND BETWEEN THE TOWN OF LEESBURG AND UNITED STATES GOVERNMENT REGARDING PAYMENT FOR THE INSTALLATION OF AN AUXILIARY AIR CONDITIONING SYSTEM On a motion by Mrs. Hill and seconded by Mr. Tolbert the following resolution was proposed and adopted: WHEREAS, the Town of Leesburg is a party to a lease agreement with the United States Government governing the occupation of the automated flight service station constructed at Leesburg Municipal Airport; and WHEREAS, the Town of Leesburg executed a purchase order with Riddle- berger Brothers to design and install an auxiliary air condition system at a cost of $19,931 to provide standby cooling capacity to the AFSS to protect computer equipment located within the building; and WHEREAS, the Federal Aviation Administration has agreed to pay for this work as evidenced in the proposed Supplement No. 3 to the aforementioned lease agreement: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute Supplement No. 3 to lease No. DTFA05-84-L60624 in the form as transmitted in correspondence from the Federal Aviation Administration dated October 2, 1985. OCT9.9 MINUTES OF THE OCTOBER 9, 1985 MEETING - 5 Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-187 _ RESOLUTION _ AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR PERSHING AVENUE EXTENDED On a motion by Mrs. Hill and seconded by Mr. Kelley, the following resolution was proposed and adopted: WHEREAS, this Council by Resolution #85-128 on July 24, 1985 did approve the extension of water and sewer facilities to Pershing Avenue extended and town participation in the construction of the asphaltic concrete road; and WHEREAS, the Director of Engineering has approved plans submitted for co1 these public improvements: J THEREFORE, RESOLVED by the Council of the Town of Leesburg in N . Virginia as follows: N W -SECTION I. The manager is authorized to execute on behalf of the M town an Agreement (Form PC-2)- with Kenneth and Jody Peebles, James C. Q Athey and Cindy Shrump for installation of public improvements shown on plans approved by the Director of Engineering for Pershing Avenue extended. SECTION II. A Bond from Peerless Insurance Company of Keene, New Hampshire +in the amount of $40,000 the estimated cost of the public improvements is approved as security to guarantee installation of the public improvements as shown on plans approved by the Director of Engineering. Approval of this Bond is contingent upon review and approval by the Town Attorney. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None • On a motion by Mr. Tolbert and seconded by Mr. Kelley the meeting was adjourned at 10:30 p.m. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila • - Nay: None • - • • Mayor - - 1 IIIa� t.�L /12,./ Clerk of- C/ncil OCT9.10