HomeMy Public PortalAbout1986_04_09 117
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, APRIL 9, 1986
A regular meeting of the Leesburg Town Council was held in the Cou^cil
Chambers, .1O-Lnudoun Street, SW, Leesburg, Virginia on April 9, 1986 at
7:30 p.m. The• meeting was called to order by the Mayor with the invoca-
tion given by Mr. Tolbert and followed with the Salute to the Flag led by
Martha Mason-Semmes. Present were Mayor Robert E. Sevila, Councilmembers
Charles Bos, Brian Kelley, and John Tolbert. Councilmembers Arl Curry,
Marylou Hill and Charles Williams were absent. Staff members present were
Town Manager, Jeffrey Minor; Director of Engineering and Public Works, Tom
Mason; Assistant Town Manager, Steve Owen; Director of- Finance, Paul York;
Director of ,Planning, Zoning and Development, Martha Mason-Semmes and Town
Attorney, George Martin. ;
On a motion by John Tolbert and seconded by Charles Bos it was recom-
mended that the minutes of the Regular Meeting of October 9, 1985 and the
Special Meeting of December 23, 1985 be approved as submitted.
Aye:. Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay:. None
V J PETITIONERS 4.
N --A Certificate of Appreciation was presented to Dr. Charles R. Clegg
for making improvements to his property on East Loudoun Street beyond the
COiJ requirements of the town.
_ .
Q Mayor Sevila made the following proclamation in honor of Medical
Laboratory Week:
PROCLAMATION
1 - WHEREAS, the health of all Americans depends upon educated minds
and trained hands; and ,
WHEREAS, the practice of modern medicine at the exacting
standards we now enjoy would be impossible without the scientific
tests performed daily in the medical laboratory; and
eWHEREAS, maintenance of these standards and progress towards
improvement in the quality of laboratory services depends on the
dedicated, efforts of professional practitioners of medical -
laboratory science; and
WHEREAS, through this dedication, the medicallaboratories
of.the United States have made a vital contribution to the quality
of health care:
THEREFORE, I, ROBERT. E. SEVILA, Mayor of the Town of Leesburg
in Virginia, do hereby proclaim the week of April 13-19, 1986 as
MEDICAL LABORATORY.WEEK . .
and urge- all citizens to recognize and support the vital service
provided by the laboratory practitioner for the benefit of all
.citizens. -
Frank Carney, a member of the newly instituted Parks and Recreation
Commission, addressed the Council regarding the 125th Balls. Bluff reenact-
ment. He was- pleased with the staff and Council support-of .boththis event
and the Commission in general. .
Peter Fountain, of Exeter spoke regarding problems with the homes
built by Washington Homes. His concern centered around a. storm drain in
his back yard that is causing problems and no one from Washington Homes or
the developer of the property could rectify the situation. Also, building
debris has been left behind the residences and the builder never returned
to clear' this hazard. Further questions by Mr. Fountain were referred to
the Utility and Public Works Committee meeting. Mr. Mason stated that
the storm drain would not be accepted by the town as it is now and assured
the resident that the town would investigate this situation further.
178 MINUTES OF THE APRIL 9, 1986 MEETINm
Ken Johnson, also a resident ofExetercame forward with more
pictures of ah unsightly and dangerous storm drain. He encountered' the
same problems as Mr. Fountain in trying to deal with the builder.
Mr. Minor stated that all these public utilities are bonded and the
town will not release the bond until all items are up to town standards.
Robei€ Stevens another Exeter resident, spoke regarding the
construction roads which are never watered and create a terrible dust
hazard. His question was what can be done to prevent this. He was also
referred to the Utility and Public Works Committee meeting.
COUNCILMEMBER- COMMENTS
Mr. Bos reported on the activity of the Board of Architectural Review.
At their last--meeting they approved the applications of Bernard Carlton,
and reviewed the architectural renderings of the Chesterfield Development.
Also the Town has completed the Board of Architectual Review's Applicant
Guide, a very helpful tool for the landowners in the Old and Historic
District of the Town.
Mr. Kelley reported that the town had been turned down by the State
Economic Development Department for the Certification Program. The
Economic Development Advisory Commission recommended that the entire packet
be put together, sent to the Governor with a letter saying thank you, but
no thank you. Leesburg received national recognition for their economic
development efforts, yet the state turned the efforts down. EDAC would
like to thank Congressman Frank Wolf for his efforts in aiding the town in
many different facets.
Mr. Tolbert gave a report on the airport bidding. Two bids were
received and Hazel Construction was the low bidder.
MANAGER'S REPORT
Mr. Minor spoke about the awards received from the City Hall Digest.
He stated that the video, prepared by Arthur Young, was recognized as one
of the three best in both the United States and Canada. The Marketing
Brochure was also recognized in the same competition. He thanked the many
staff members'-for their part in making these two projects such a great
success.
Recruitment for the Assistant Director of Engineering and Public Works
will continue,-'and a d^cision should be made within the next few weeks.
The projectat the airport is moving right along. The old hangar has
been taken down and paving work is beginning.
The proposed budget for FY 1987 was presented and further discussion
will be held at the upcoming public hearing. Mr. Minor stated that no tax
increase is proposed in this budget. There is a 14.8% increase in this
proposed budget. Included in the budget is a new meals tax and transient
occupancy tax. Personal service costs will increase about 18% due to some
comprehensive reclassifications. Approximately 9 new positions are being
included in the new budget. In the capital outlay area, the new municipal
office/parking complex has been proposed and the nrchit^ctural/engineering
phase is being proposed in this budget. The other facility being proposed
is the public works complex to be located at the wastewater treatment
plant. Parks and Recreation will be increased to include the first phase
of Fox Ridge park and preliminary plans for Ida Lee Park. The Route 643
waterline project is also included in this year's budget. A public hearing
is tentatively scheduled for this new budget on May 28, 1986.
LEGISLATION
Oh a motion by Charles Bos and seconded by John Tolbert, the following
ordinance was'-proposed and unanimously adopted:
MINUTES OF THE APRIL 9, 1986 MEETING 179
86-0-18 - ORDINANCE - AMENDING A PROFFER PERTAINING TO THE LEESBURG
GATEWAY PROPERTY OF A.C. ECHOLS, JR. TEE AND J.
LYNN CORNWELL, JR. TEE
WHEREAS, A. C. Echols, Jr. and J. Lynn Cornwell, Jr. on August 19,
1985, by rezoning application #ZM-67 applied for amendment of a proffer
submitted April 9, 1980, as amended by Council on March 9, 1983, setting
forth certainconditionswhich became a part of zoning map amendment #ZM-28
by Sycolin Partnership; and
WHEREAS, the Planning Commission held a public hearing on the proposed
proffer amendment #ZM-67 on November 7, 1985; and
WHEREAS, the Planning Commission, on December 5, 1985, recommended to
Council approval of the proposed amendment with the additional proffers
from the 'applicant dated December 5, 1985; and
WHEREAS, this Council held a public hearing-on the proposed proffer
T/ amendment on February 12, 1986; and
0)
C‘,1 WHEREAS, this Council finds that the proposed proffer amendment, as it
V, ' pertains to the lands lying southeast of the Rockbridge Drive/Harrison
l V� Street intersection and lands lying south of Davis Avenue, is in the
M interest of public health, safety, welfare and good zoning practice:
W
Q THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
1 SECTION--I. Paragraph (a) of the April 9, 1980 proffer by Sycolin
Partnership pertaining to zoning map amendment #ZM-28, as amended by
Council on March 9, 1983, is amended to read as follows:
(a) All land hereby rezoned lying northeast of Harrison Street
and northwest of Rockbridge Drive shall be used only for offices
and/or single family dwellings and permitted accessory uses
associated with those uses. All land hereby rezoned lying
southwest of Harrison Street and north of Davis Avenue shall be
used only for offices and/or dwellings and permitted accessory
uses associated with those uses. Harrison Street, Rockbridge
Drive, and Davis Avenue shall be as shown on the approved final
plat for the Leesburg Gateway Subdivision, Phase I, revision
dated December 23, 1985.
SECTION- II. The area affected by this proffer amendment is illustra-
ted on the accompanying plat prepared by Bengtson, DeBelL, Elkin and Titus
and dated March 25, 1986.
SECTION III. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams
86-0-19 - ORDINANCE - APPROVING THE PRELIMINARY DEVELOPMENT PLAN •AND
AMENDING THE LEESBURG ZONING• MAP FOR THE 'POTOMAC
CROSSING PLANNED RESIDENTIAL COMMUNITY
11 On a motion by John Tolbert and seconded by Brian Kelley, the
following ordinance was proposed and unanimously adopted:
WHEREAS, the Preliminary Development Plan for the Potomac Crossing
Planned Residential Community and Rezoning Application #ZM-66 by the Beus
Corporation, N. V. was referred by the staff to the Planning Commission on
September 19, 1985; and
WHEREAS, the Preliminary Development Plan and rezoningapplication for
this development were revised on November 27, 1985; and
180 -MINUTES OF THE APRIL 9, 1986 MEETING
WHEREAS, the Planning Commission held a public hearing on this revised
application on December 5, 1985; and
WHEREAS, the Planning Commission, on January 16, 1986, recommended
approval of this application on th° condition that the applicant agree to
pay an equitable pro rata share of future transportation improvements; and
-.WHEREAS; .the applicant submitted written proffers on February 20,
1986, setting forth certain conditions which would become a part of the
rezoning request, including payment of a pro rata share of future trans-
portation improvements; and
WHEREAS, this Council held a public hearing on February 26, 1986
regarding the proposed rezoning with proffers; and
WHEREAS, the Applicant amended”the preliminary development plan on
April 4, 1986 and the rezoning application and proffered conditions on
April 3, 1986 to- provide more restrictive conditions than originally
proposed; and -
WHEREAS; 'this application was referred to Loudoun County, and the
Council carefully considered County comments regarding the proposed
rezoning in accordance with Paragraph 16 of the November 1982 Annexation
Agreement between the Town and the County; and
WHEREAS, this rezoning will result in the preservation of significant
historic and open space resources, the construction of substantial public
improvements, the donation of a public school site, and the provision of
additional single-family housing opportunities for town residents and is,
therefore, in the interest of the public necessity, convenience, general
welfare and good zoning practice:
THEREFORE; ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION.I. The Preliminary Development Plan for the Potomac Crossing
Planned Residential Community dated November 25, 1985, as revised April 4,
1986, is hereby approved and the Leesburg Zoning Ordinance is amended to
revise the. Zoning District Map to change from County R-1 to Planned
Residential Community (PRC), 475.19 acres of land, located on the east side
of the Route 15 By-pass, bounded by Balls Bluff Road and the lands of
O'Connor, Callaghan, Hoopaw and Culbertson on the north; . the lands of Carr
and Shrump on the south; Route 15 By-pass on the west; and the Potomac
River on the east, in accor'ance with the boundary plat submitted as part
of the application; subject, however, to the following conditions proffered
by the applicant on April 3, 1986 in accordance with the provisions of
Section 15.1-491.2 of the Code of Virginia, as amended:
1. Applicant shall dedicate and construct the on site public streets as
shown on the "Approved Preliminary Development Plan" in accordance
with Virginia Department of Highways and Transportation and Town of
Leesburg ( "Town") Standards. Dedication of the rights-of-way shall
be from 50 feet to 100 feet, as shown on the "Approved Preliminary
Development Plan" Petition dated 27 November 1985 Revision. Dedi-
cation and construction will occur in phases as the project is
developed, although the designation of phase numbers on the "Approved
Preliminary Development Plan" does not necessarily dictate the
sequence of ultimate development of the property.
2. Within one hundred fifty (150) days following the final approval of
the above-described rezoning by the Town Council of the Town of
Leesburg, Applicant will dedicate, by fee simple deed and clear of
liens, to the Northern Virginia Regional Park Authority, a portion
of the Applicant's property composed of approximately 173 acres, and
as generally defined on the "Approved Preliminary Development Plan".
Further, applicant agrees that by 30 June 1991, North Ball's Bluff
Road will be constructed so as to provide a connection to the "Old
Ball's Bluff Road". In the event that the Northern Virginia Regional
Park Authority should refuse to accept the park, then it would be
MINUTES OF THE APRIL 9, 1986 MEETING 181
dedicated to another public or semi-public agency mutually agree-
able to the Town and Applicant.
3. Prior to the dedication set forth in Paragraph 2 above, Applicant
will clear, rough grade and seed approximately 20 acres of the
property being dedicated to the Northern Virginia Regional Park
Authority as indicated on the "open space" sheet of the "Approved
Preliminary Development Plan" , to allow for the placement of a
' multi-purpose field. In addition, Applicant will fine grade with
positive drainage and will seed an area of approximately five (5)
acres, within the twenty (20) acres, for use as athletic fields and
in accordance with plans approved by the Town Land Development
Official, and will pay unto the Town, at the time of dedication of
the 173 acres, the sum of FIVE THOUSAND DOLLARS ($5,000.00) , to be
utilized for recreational improvements to such fields.
4. Applicant shall donate to the Loudoun County School Board, pursuant
to Section (4) of the Annexation Area Development Policies, one (1)
school site of a size of approximately fifteen (15) acres, and at the
location as set forth on the "Approved Preliminary Development Plan".
(V Further, the Applicant will enter into an agreement with the Loudoun
N County School Board concerning site preparation as outlined in the
W attached December 5, 1985 letter from the School Board to Bruce
CM Drenning, and will, in conjunction with development of the project,
O run water and sewer lines to the property line of the 15-acre parcel.
Q Applicant reserves the right to effect such donation to the Town at
an earlier time, at its option.
5. Applicant will provide a pedestrian underpass under Ball's Bluff
Parkway in the area of the above school site at a location to be
agreed upon between the Applicant and the Town. Construction of
such underpass to occur at the time of development of adjacent land
parcels or construction of the school site, whichever shall first
occur.
6. Applicant will provide the "Village Center and Club" as indicated on
Sheet 9 of the "Approved Preliminary Development Plan", the construc-
tion of such "complex" to be accomplished in stages commensurate with
the overall construction of the project. However, the "complex" will
be constructed not later than the completion of FIFTY PERCENT (50%)
of the authorized housing units.
7. The Applicant hereby makes the following proffers with reg=rd to off-
site road improvements in connection with the development of the
project:
(a) Applicant will dedicate, upon request of the Town, approxi-
mately eleven (11) acres, as delineated on the "Approved
'Preliminary Development Plan", for use by the Virginia Depart-
ment of Highways and Transportation, or the Town for public
road purposes at the intersection of Route 15 By-pass and Ball's
Bluff Parkway, this acreage to be dedicated for utilization by
Virginia Department of Highways and Transportation, or the Town,
for a grade-separated interchange, or other appropriate highway
improvements. Prior to dedication and pending any construction
thereon, Applicant shall have, by easement and with the consent
of the Town, which consent shall not be unreasonably withheld,
the right to utilize the property for construction of roadways,
landscaping, entrance features, and related uses. Applicant
shall receive no compensation for the destruction or displace-
ment of any improvements placed on the parcel, but shall be
entitled to receive reasonable notice of pending construction
and shall have the right to remove any improvements, within a
reasonable time, previously placed thereon by Applicant.
182 MINUTES OF THE APRIL 9, 1986 MEETING
(b) The.Applicant agrees to construct acceleration,_deceleration
and turn lanes as warranted to serve, his development at the
juncture of Ball's Bluff Parkwoy and the Route 15 By-pass, in
accordance with the requirements reasonably imposed by the
Virginia Department of Highways and Transportation and the Town.
'., (c) .. The Applicant agrees to contribute the.sum of ONE HUNDRED
FORTY-TWO THOUSAND THREE HUNDRED FIFTY DOLLARS,=` ($142,350.00)
under the terms and conditions stated hereinafter as a pro rata
shake toward the construction of improvements to the Route 15
By-pass and to the grade-separated interchange planned in the
future at the intersection of Ball's Bluff Parkway and the Route
15:By-pass. The Applicant's.,donation of this sum of money shall
be 'in the form of cashdonationsequalling.ONE HUNDRED.FORTY-SIX
DOLLARS ($146.00) per residential dwelling unit developed on the
subject property and shall be paidinto an escrow fund estab-
lished by. the Town of Leesburg and/or_ the_Virginia. Department of
Highways and Transportation,. as. appropriate, for the specific
purpose of financing construction Of all or a portion of
_,improvements to the Route 15 By-pass across the western boundary
of the subject property and/or, construction of a portion of a
grade-separated interchange at the junction. pf Ball's Bluff
Parkway and the Route 15 By-pass. The Applicant, or successor
in interest to the Applicant, as the case may be, shall make
said payment tp the. Town of„Leesburgfof ONE_HUNDRED FORTY-SIX
DOLLARS, ($146.00) at the time Applicant, or said successor in
interest, obtains zoning permits for each lot on which is to
be located a residential unit. Said escrowed funds and the
interest,accruing thereon. shall,. in accordance with these
_ proffers, be used only for the aforesaid off-site road improve:
ments, and if used other than in connection with said improve-
ments, shall be returned to the donor.
SECTION II. This ordinance shall be in effect upon its passage.
After an overview of this rather lengthy ordinance by Martha Mason-
Semmes, Director of Planning, Zoning.and Development and comments by the
Councilmembers, the ordinance passed by the following vote:
Aye: .Councilmembers Bos,, Kelley, ,Tolbert and Mayor Sevila
Nay: None
Absent:, Councilmembers Curry, Hill and Williams
86-0-20 - ORDINANCE - AMENDING SECTION 10-176 OF THE TOWN CODE REGARDING
CHARGES FOR PARKING AT METER SPACES
,On a motion by Mr. Kelley and seconded by Mr. Bos,,,the following
ordinance was proposed and unanimously adopted:
ORDAINED by the Council of the Town of, Leesburg in Virginia as
follows•
SECTION I. Section 10-176 of the Town Code, titled "Deposit of Coin;
Occupancy Space, etc.", is hereby amended to read as follows:
•
Section 10-176. Deposit of Coin; Occupancy of Metered Space; etc.
•
(a) The owner or operator of a vehicle, upon entering a parking meter
space marked as provided in .this division with his vehicle, during the time
parking meters are in operation, as provided by Section 10-175, shall
immediately deposit a coin or combination of coins of the United States in
the parking meter situated at the side of the parking meter space so
entered and shall operate the parking meter according to the instructions
thereon. Failure to comply with such requirements shall be unlawful.
MINUTES OF THE APRIL 9, 1986 MEETING 183
(b) Upon the deposit of a five-cent coin, ten-cent coin or 25-cent
coin and placing the parking meter in operation, the parking meter space in
question may be lawfully occupied during the period of time prescribed in
the parking meter legend for the particular amount deposited.
(c) Parking meters located where two-hour or three-hour maximum
parking is permitted when properly operated shall be so adjusted that
initial or additional five-cent or ten-cent coins may be deposited at any
time throughout the two-hour period, as long as the two-hour limit is not
exceeded by any one vehicle occupying the same space. The deposit of each
five-cent coin shall permit the vehicle to be parked for a period of 7.5
minutes; and the deposit of each ten-cent coin shall permit the vehicle to
be parked for a period of 15 minutes; and the deposit of each twenty-five
cent coin shall permit the vehicle to be parked for a period of forty-five
minutes. -
(d) Parking meters located where ten-hour maximum parking is
permitted when properly operated shall be so adjusted that the deposit of
each ten-cent coin shall permit the vehicle to be parked for a period of
thirty-minutes and the deposit of each twenty-five cent coin shall permit
N the vehicle to be parked for a period of seventy-five minutes.
N
W (e). ,Parking meters located where 30-minute maximum parking is
COpermitted when properly operated shall be so adjusted that a deposit of a
Q five-cent coin shall permit the vehicle to be parked for a period of 15
minutes.
(f) Parking meters located where 15-minute maximum parking is
permitted when properly operated shall be so adjusted that a deposit of a
five-cent coin shall permit the vehicle to be parked for a period of 15
minutes.
' (g) It shall be unlawful for the operator of a vehicle to park such
vehicle, or to permit such vehicle to remain parked, during daylight hours,
•
except Saturday, Sunday and national holidays, in areas controlled' by
parking meters on streets in the town or parki"g lots operated by the town
for a period-longer than the maximum time indicated on the meter from the
time the vehicle is so parked in any such parking meter zone.
SECTION II. This ordinance shall be in effect upon passage and
installation of appropriate meter mechanisms and timing devices, and all
ordinances and resolutions in conflict herewith are repealed.
Aye: Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams
86-60 - RESOLUTION - APPROPRIATING'FUNDS FOR THE REPLACEMENT OF PARKING
METER MECHANISMS
On a motion by Mr. Kelley and seconded by Mr. Bos, the following
resolution was presented and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
An appropriation is made from the unappropriated General Fund balance
to the General Fund Account No. 200.4102.700.096, Parking Meters, in the
amount of $2,795.00 for the Fiscal Year ending June 30, 1986, for parking
meter mechanisms. -.
Aye: Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams
184
MINUTES OF THE APRIL 9, 1986 MEETING
On a motion by Mr. Kelley and seconded by Mr. Tolbert it was proposed
that the following resolutions be adopted as consent items:
•
86-61 - RESOLUTION - AUTHORIZING AN AUDITING SERVICES CONTRACT WITH
YOUNT, HYDE 6 BARBOUR, P.C.
WHEREAS, proposals were solicited to provide the town with auditing
services for. the fiscal years ending June 30, 1986 through 1988; and
WHEREAS_,_ of the proposal received, Yount, Hyde 6 Barbour, P.C. was
judged to be the most qualified firm to provide the town with these 1
,services: . ,
. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized to execute a contract with Yount, Hyde 6
Barbour,. P.C. for the purposes of providing the town with auditing-services
for.,the. fiscal years ending June 30, 1986 through 1988. The scope of their
services will be those contained in their March 17, 1986 proposal with not
to exceed fees of $12,800, $13,300 and $13,800 for the three years
respectively.
86-62 - RESOLUTION - AUTHORIZING A CONTRACT WITH VIRGINIA ELECTRIC AND
POWER COMPANY FOR THE PURCHASE OF ELECTRICITY
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The manager shall enter into a contract on behalf of the town with
Virginia Electric and Power Company for the purchase of electricity in
accordance with negotiations between the Virginia Municipal League, the
Virginia Association of Counties and Virginia Electric and Power Company.
The term of this agreement shall be for a period beginning July 1, 1985 and
ending June ,30, 1988. •
86-63 - RESOLUTION - AUTHORIZING A 125TH ANNIVERSARY BALLS BLUFF RE-
ENACTMENT
WHEREAS, the 14th Tennessee, First Minnesota and Seco^d U.S. Infantries
(reactivated) propose a Civil War battle re-enactment and living history
encampment within the Town of Leesburg to commemorate the 125th anniversary
of the Battle of Balls Bluff fought on October 21, 1861 under the aegis of
the Loudoun Restoration and Preservation Society; and
WHEREAS, this Council recognizes the historical and symbolic
significance of the 125th anniversary of this important Civil War battle
which occurred in what is now Leesburg, Virginia; and
WHEREAS, this re-enactment and encampment will generate public
attention and recognition to the Balls Bluff Battlefield National Cemetery
and Park; and
WHEREAS, these events will help educate the public to the heritage of
Loudoun County and Leesburg as well as promote tourism within our
community; and
WHEREAS, the Leesburg parks and Recreational Advisory Commission has
recommended granting the request to use Ida Lee Park as the site for a
living history encampment:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Loudoun Restoration and Preservation Society is
authorized to use the Ida Lee Park for a living history encampment to
commemorate the 125th anniversary of the Battle of Balls Bluff subject to
reasonable and appropriate conditions determined necessary by the manager
and Chief of Police. Said encampment may be conducted from Friday,
MINUTES OF THE APRIL 9, 1986 MEETING 1 8 5
October 17, 4:00 p.m. through Sunday, October 19, 4:00 p.m.
SECTION II. The Loudoun Restoration and Preservation Society or other
sponsoring entity shall require the town to be named as additional insured
under a one million dollar public liability insurance policy to be secured
by the sponsoring agency.
SECTION III. The manager shall prepare for later consideration by the
Council a report concerning the proposed parade on Saturday at noon on King
Street from the intersection of Catoctin Circle north to the North King
Street entrance to Ida Lee Park.
86-64 - RESOLUTION - MAKING AN APPROPRIATION FOR THE MARKET STATION
GRAND OPENING
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
An appropriation is made from the unappropriated General Fund balance
0) to the General Fund, Account Number 200.1101.550.010, Travel and Training,
N in the amount of $582.00 for the Fiscal Year ending June 30, 1986, to cover
a portion of the costs associated with the Market Station grand opening
ceremonies to be held April 25, 1986.
WCO 86-65 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
Q GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
AND APPROVING WATER AND SEWER EXTENSIONS FOR LEESBURG -
COUNTRY CLUB, SECTION IV SUBDIVISION, PHASE 4
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
111an agreement (Form PC-2) with Yeonas Company of Centreville, Virginia, for
installation of public improvements shown on the plans approved by the
Director of Engineering for the Leesburg Country Club, Section IV,
Subdivision, Phase 4.
SECTION II. The extension of municipal water and sewer works for the
Leesburg Country Club, Section IV, Phase 4 Subdivision is approved in
accordance. With Section 15-9 and 19-18 of the Town Code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the Town Attorney from the First American Bank of Virginia in the amount
of $287,655 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering for the
Leesburg Country Club Subdivision, Section IV, Phase 4.
86-66 - RESOLUTION - AUTHORIZING AN. AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR HERITAGE PARK
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 (Form PC-2) with Heritage Park Limited Partnership for
Iinstallation of public improvements shown on the plans approved by the
Director of Engineering for Heritage Park.
SECTION II. The extension of municipal water and sewer works for the
Heritage Park development is approved in accordance with Sections 15-9 and
19-18 of the Town Code.
SECTION III. A surety bond from Aetna Insurance Company, licensed to •
conduct business in the State of Virginia, in the amount of $239,135 is
approved as security to guarantee'installation of the public improvements
as shown on plans approved by the Director of Engineering for Heritage
Park.
186 MINUTES OF THE APRIL 9, 1986 MEETING
86-67 _ RESOLUTION - AUTHORIZING PAYMENT REQUEST NO. 8 TO R.F. KLINE, INC.
FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT
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. 8 on March
28, 1986 and Camp, Dresser and McKee has reviewed and approved this
request; and
WHEREAS, the Director of Engineering has recommended payment of
Payment Request No. 8 in the amount of $178,783.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $1-78,783.00 ($188,193.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 8 for the
Wastewater Treatment Plant Expansion Project
Aye: Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams
86-68 - RESOLUTION - AUTHORIZING A PERMIT FOR THE LEESBURG BICYCLE CLASSIC
On a motion by Mr. Tolbert and seconded by Mr. Bos, the following '
resolution was proposed and unanimously adopted:
WHEREAS, a request has been submitted by the Leesburg Bicycle Classic
Committee for the Town of Leesburg to co-sponsor an annual bicycle racing
event in Leesburg; and
WHEREAS, the inaugural event is scheduled for Sunday, August 24 in
Leesburg with a seocnd event scheduled tentatively for April, 1987; and
WHEREAS, this Council recognizes the importance of the Northern
Virginia Regional Park Authority bicycle and pedestrian trail through
Leesburg as a vehicle to promote tourism, commerce and recreation in
Leesburg; and
WHEREAS, this Council supports the Leesburg Bicycle Classic as an
annual event:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to issue a permit under
Paragraph, 10-13 of the Town Code to the Leesburg Bicycle Classic Committee
of the Loudoun County Chamber of Commerce for a bicycle racing event in
Leesburg on, Sunday, August 24 and is further authorized to close and/or
partially close South Harrison Street, Catoctin Circle, South King Street
between Catoctin Circle and Loudoun Street and Loudoun Street between King
and Harrison for this event, specific routes, lane closings and hours of
closing to be determined by the manager and chief of police.
SECTION II. The permit may contain reasonable and appropriate
conditions as determined necessary by the manager and shall require the
town to be named as an additional insured under a one million dollar public
liability insurance policy to be secured by the Loudoun County Chamber of
Commerce. ,
MINUTES OF THE APRIL 9, 1986 MEETING1'8 (. •
SECTION III. The manager is further directed to include in the
proposed budget for fiscal year 1987 the sum of $2500 to assist with the
cost of advertising, prizes andother expenses in connection with the
Leesburg Bicycle Classic.
Aye: Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams
It was recommended that the resolution authorizing a lease with
Professional Pilots Services at Leesburg Municipal Airport be referred back
to committee for further consideration.
NEW BUSINESS
86-69 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
TT GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
0) AND APPROVING WATER AND SEWER EXTENSIONS FOR LEESBURG
(\J • GATEWAY, PHASE II(A) SUBDIVISION
N
W On a motion by Mr. Bos and seconded by Mr. Tolbert the following.
resolution was proposed and unanimously adopted:
Q 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 (Form PC-2) with A. C. Echols, Jr., Trustee and J. Lynn
Cornwell, Jr., Trustee of Leeburg and Purcellville, Virginia respectively
for installation of public improvements shown on the plans approved by the
Director of Engineering for Leesburg Gateway, Phase II(A) Subdivision.
SECTION II. The extension of municipal water and sewer works for the
Leesburg Gateway, Phase II(A) Subdivision is approved in accordance with
Sections 15-9 and 19-18 of the Town Code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the town attorney from the First American Bank of Virginia in the amount
of $380,000 and cash bond in the amount of $607 are approved as security to
guarantee installation of the public improvements shown on plans approved
by the Director of Engineering for Leesburg Gateway, Phase II(A)
Subdivision.
Aye: Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams
86-70 - RESOLUTION - AUTHORIZING A PAVING CONTRACT WITH TRI-COUNTY
ASPHALT COMPANY AND MAKING AN APPROPRIATION FOR THE
1986 STREET RESURFACING PROGRAM
On a motion by Mr. Kelley and seconded by Mr. Tolbert the following
resolution was proposed and unanimously adopted:
WHEREAS, sealed bids were solicited for the town's 1986 Street
Resurfacing Program in accordance with bid documents prepared pursuant to
Council Resolution No. 86-45; and
WHEREAS, Tri-County Asphalt Company was the sole bidder for this work;
and
WHEREAS, the Director of Engineering. and Public Works recommends award
of the contract for the street resurfacing work to the Tri-County Asphalt
Company:
1 QQ
" MINUTES OF THE APRIL 9, 1986 MEETING
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Town Manager is authorized to execute a contract with
Tri-County Asphalt Company for street resurfacing in accordance with the
. bid documents and specifications issued by the Department of Engineering
and Public Works for this work at a unit price of $30.26 per ton of S-5
asphalt and $28.46 per ton of 1-2 asphalt for a total not to exceed
$123,000.
SECTION II. An appropriation is made from the unappropriated general
fund balance to general fund account number 4102.300.100.200, Resurfacing,
in the amount of $10,200, for the fiscal year ending June 30, 1986.
•
Aye: Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams
On a motion of Mr. Kelley and seconded by Mr. Bos, Council voted
unanimously to go into executive session to discuss legal matters
pertaining to KRB Limited Partnership. Section 2.1-344(6) of the 1950 Code
of Virginia, as amended (Freedom of Information Act) permits the Council to
discuss such matters in executive session.
The following staff are requested to participate in the meeting:
Jeffrey Minor, Martha Mason-Semmes and Deputy Town Attorney, Deborah Welsh.
Aye: Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams '.
Upon returning from executive session the following resolution was
proposed on a motion by Mr. Tolbert and seconded by Mr. Bos.
86-71 - RESOLUTION - AUTHORIZING AN AGREEMENT BY AND BETWEEN THE TOWN
OF LEESBURG AND KRB LIMITED PARTNERSHIP
•
WHEREAS, the KRB Limited Partnership (KRB) desires approval of its
development plan for a nine unit office and warehouse facility known as the
KRB Development hereafter; and
WHEREAS, the town desires to protect areas within this development for
future right-of-way necessary to construct Plaza Street extended; and
WHEREAS, an agreement has been prepared which adequately and fairly
compensates KRB Development for the right-of-way reservation and
acquisition if required:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized and directed to execute that certain
111.
agreement between the Town of Leesburg and KRB Limited Partnership as
transmitted to the Council with a memorandum dated April 9, 1986.
Aye: -Councilmembers Bos, Kelley, Tolbert and Mayor Sevila
•
Nay: None
Absent: Councilmembers Curry, Hill and Williams
M-NUTES OF THE APRIL 9, 1986 MEETING 189
On a motion by Mr. Tolbert and seconded by Mr. Hos the meeting was
adjourned.
Aye: Councilmembers Bos, RAlley, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmembers Curry, Hill and Williams
I
Mayor
0)
W
QClerk of uncil
I 1