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HomeMy Public PortalAbout1986_05_14 198 MINUTES OF THE REGULAR MFETING OF LEESBURG TOWN COUNCIL, MAY 14, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on May 14, 1986 at 7:30 p.m. The meeting was called to order by Vice Mayor, Charles Williams with the invocation given by Mr. Tolbert and followed with the Salute to the Flag led by Councilmember Jerry Pelkey. Present were Vice Mayor, Charles Williams, Councilmembers Charles Bos, Arl Curry, Brian Kelley, Jerry . Pelkey, and John Tolbert. Mayor Sevila was absent. Staff members present were Town Manager, Jeffrey Minor; Director of Planning, Zoning and Develop- ment, Martha Mason-Semmes; Assistant Town Manager, Steve Owen; Director of Engineering and Public Works, Tom Mason; Director of Finance, Paul York; Town Attorney, George Martin and Deputy Town Attorney, Deborah Welsh. On a motion by Mr. Tolbert and seconded by Mr. Kelley, it was recommended that the minutes of the regular meeting of November 13, 1985 and the special meetings of May 5 and 7, 1986 be approved as submitted. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams Nay: None PETITIONERS Vice Mayor Williams read the following proclamation: PROCLAMATION WHEREAS, May 11-17, 1986 has been designated National Hospital • Week by the American Hospital Association; and WHEREAS, the theme for the National Hospital Week celebration is "Hospitals make Healthy Neighbors"; and ' WHEREAS, the citizens of Leesburg openly pay tribute to the dedicated staff of Loudoun Memorial Hospital for providing the high quality health care that helps us all lead healthier lives: . THEREFORE, BE IT PROCLAIMED that May 11-17, 1986 is NATIONAL HOSPITAL WEEK and all citizens of Leesburg are urged to participate in Loudoun Memorial Hospital's celebration. PUBLIC HEARING ZM-69A, REZONING THE LAND AT PLAZA CONDOMINIUMS FROM B-2TO R-4 — — Jeff Minor gave the staff report regarding this Council initiated rezoning stating that since this property is developed residentially rather than commercially, it would make sense to zone it as such. Ed _Younger, one of the principals of the development company for this project, stated that the land was purchased with the intent to use it for possible future commercial use. To comply with B-2 requirements, they have purchased additional land to provide more parking. They want the zoning to remain B-2. Charles Bos asked if all units had been sold and Mr. Younger replied that they had been sold, mostly to investors. Louis J. Marin, Mr. Younger's partner in this development, stated that it was economically unfeasible to market this development as a regular subdivision. Therefore, it was marketed as mainly a rental subdivision. A letter was sent to the Planning Department setting out their reasons for wanting the zoning to remain commercial. They bought it as business property, paid for business property, and would like it to remain business property. Right now many of the units are rented to short term tenants. Because of the commercial nature of the area, to sell these or to rent them long term is nearly impossible. In the future the developers would like to convert some of the units to office space. This would not be possible under the new zoning. Since there were no other members of the public to speak on this rezoning, the public hearing was closed at this point and referred to Council level for discussion. MINUTES OF THE MAY 14, 1986 MEETING 19 9 Mr. Bos asked what the process was to convert these units to offices. Martha Mason-Semmes stated that parking in the area was not suf- ficient at this time. She said that she was not familiar with building code regulations and could not expand further on the conversion. On a motion by Mr. Curry and seconded by Mr. Tolbert, it was recommended that this rezoning be referred back to the Finance and Administration Committee for further consideration at their next meeting. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams Nay: None PUBLIC HEARING ON THE AMENDMENTS TO THE R-4 ZONING DISTRICT Martha Mason-Semmes gave the staff report on the amendments as T follows: This legislation was proposed by the town to improve the quality CT) of multi-family dwelling areas. Standards relating to open space and land- (V soaping would be added. Building height elevations would also have to be N submitted in the preliminary stage. Density would remain unaffected. MSince there was no one from the general public who wished to make Q comments, the public hearing was closed at this time and moved to the Council level for discussion. On a motion by Mr. Curry and seconded by Mr. Bos it was recommended that this be referred to the Finance and Administration Committee for consideration at its next meeting. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor ' Williams Nay: None COUNCILMEMBER COMMENTS Mr. Bos welcomed Jerry Pelkey to the Council, following his recent election to the vacant council seat. The Board of Architectural Review met last M^nda spentmost of their time y and going over some of the review procedures of the Board. Mr. Bos asked that this be put on the Finance and Administration Committee agenda for more in-depth discussion. Mr. Pelkey thanked the citizens of Leesburg for electing him to the Town Council. Following the resignation of Mrs. Hill immediately following the elections, Mr. Pelkey began his term of office. Mrs. Hill had stated that the new Councilmember should be able to take office as soon as possible in the budget process. Mr. Pelkey went on to thank Jeff Minor for his orientation of the town office and staff. Mr. Curry also welcomed Mr. Pelkey and said that he would be missed on the Planning Commission. The Planning Commission met last week and considered the rezoning of ZM-75, C. J. Payne, R-1 to B-2 to allow additional parking area. Secondly the bonding legislation was considered. Chesterfield was approved in preliminary and final development plan. A motion to approve Eastridge was defeated. Tudor Knolls, Phase II was approved. Mr. Kelley reported on the EDAC Committee meeting of this morning. Pat Wahleyof Northern Virginia Gas was a guest speaker regarding the philo- sophy of the gas company in the new development areas. Another guest was Chuck Jones who spoke on the Certified Development Company, a company that makes aid to small businesses available. Mr. Tolbert welcomed Mr. Pelkey and also thanked the voters for their support in his re-election. The Airport Commission will meet tomorrow evening. The project at the airport is progressing very well and he invited the Councilmembers to stop by and see it first hand. 20O MINUTES OF THE MAY 14, 1986 MEETING • Mr. Williams extended his welcome to Mr. Pelkey as a member of the Council. Also, he congratulated Mr. Tolbert for his victory. He commended Mr. Wilson for her desire to get involved in town politics, although she was unsuccessful in this election. A thank you to the citizens was extended by Mr. Williams for his recent re-election A report on the Parks and Recreation Committee revealed that several investigative reviews of parks in the nearby area have been completed. As a special guest they had Jim Stup, who will also act as a liaison to this committee. With the development of parks in both the town and county, it is hoped that a joint effort could be established. Recently Mr. Williams witnessed two incidents of public service provided by the police department and commended the department on their continued sensitivity to the citizens of Leesburg. MANAGER'S REPORT Several highlights of the activity report were the awards received by the Wastewater Treatment Plant, and an individual award received by Steve Cawthron. Mr. Minor also held up the awards received by the town for the video and the marketing brochure, presented by the City Hall Digest. Keith Kirschnick has been appointed Assistant Director of Engineering and Public Works. He will begin his duties on June 9, 1986. The proposal for a downtown parking garage and municipal government center has been distributed to Council for their comment and consideration. VDH&T has put the tourist signs into place at all four entrances to Leesburg. Martha Mason Semmes and Tom Mason met with representatives of VDH&T regarding transportation plans for Leesburg and the immediate surrounding area. Ronald Speakman has been appointed as a new police private. Two officers on the force have resigned. Repairs on Clubhouse Drive have now been completed. This is .the result of efforts between the town and the owners of the property to share in the cost of rehabilitating this private road. The request for proposal to select engineering services for the Route 643 waterline has been sent out. The FAA grant for the north runway extension project has been increased and includes moneys for the overlay of the present runway, along with the extension that is proposed. LEGISLATION On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following ordinance was proposed and adopted: 86-0-21 - ORDINANCE - AMENDING THE ZONING MAP FOR REZONING APPLICATION ZM-63 WHEREAS, Rezoning Application #ZM-63 by Bruce M. Brownell to rezone 14.33 acres of land at the corner of Route 643 (Sycolin Road) and Route 654 (Lawson Road) was referred by this Council to the Planning Commission on July 10, 1985; and WHEREAS, the Planning Commission held a public hearing on this application on August 1, 1985; and WHEREAS, the Planning Commission recommended to Council approval of this application on January 16, 1986, contingent upon certain proffered conditions and modifications of the original application; and MINUTES OF THE MAY 14, 1986 MEETING 2 0 WHEREAS, this Council on March 12, 1986 held a public hearing on the proposed rezoning as revised; and WHEREAS, the applicant amended the conditions on the original application and proffered on May 13, 1986, to permit a less intensive use than originally proposed; and WHEREAS, it is determined that the proposed amendment, as revised, is 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 Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from County R-1 to County PD-CH, 7.93 acres of land bounded by the land of Horrocks on the north, Route 654 on the south, Route 643 on the east and the land of European American Furniture, T Inc. on the north, in accordance with a plat prepared by Patton, Harris and CD Rust, Inc. dated May 9, 1986. N N SECTION II. The Leesburg Zoning Ordinance is amended to revise the Zoning District map to change from County R-1 to Town R-3, 6.5 acres of CO land bounded by the land of Horrocks on the north, Route 654 on the south and the lands of European American Furniture Company, Inc. on the east and west in accordance with a plat prepared by Patton, Harris and Rust, Inc. dated May 9, 1986. SECTION III. These zoning map amendments are subject to the following proffered conditions submitted in accordance with Section 15.1-491.2 of the Code of Virginia as amended: 1. Undesirable uses. The uses listed in the use category "Auto Sales, Services" under Section 710.2 of the Planned Development-Commercial Highway zone of the Loudoun County Zoning Ordinance shall not be used or located on this tract of land, with the exception of one "Auto- mobile Filling Station" which may be located on the property. 2. Limitation of Commercial Square Footage. Commercial uses shall not exceed 82,000 square feet and office uses shall constitute the remainder of allowable building area on the 7.93 acres of rezoned PD-CH land. 3. Access to site. Access to the PD-CH tract from Route 643 and Route 654 shall be limited to one location on each road as approved by the Town of Leesburg. 4. Building Configuration. No free-standing "convenience grocery store" shall be located on the property, and the site shall have no less than twenty percent landscaped open space. 5. Building Setback. No commercial building shall be located closer than 100 feet from the northern property line, and no commercial parking spaces shall be located closer than 50-ft. from the northern property line. 6. Townhouse Development. Townhouse development on the 6.5 acres of R-3 rezoning shall utilize parking courts and shall not have direct access to Route 643, but shall share access with the parcel to the east. 7. Road right-of-way Dedication. The applicant shall dedicate free and clear of all liens and encumbrances, 30 feet and 60 feet, respectively from the centerline of Route 643 and Route 654 at the time the land is needed for road improvements by the Town of Leesburg or at the time of approval of the final plat or development plan for the development of the tract. 202 MrNUTES OF THE MAY 14, 1986 MEETING 8. Road Improvements. Routes 643 and 654 shall be improved along the property frontage to a standard 30-foot "rural pavement section" with appropriate acceleration, deceleration, turn lanes and/or transitional pavement sections as required by the Town of Leesburg standards. In addition, a contribution shall be given in the amount of the pro rata share of future transportation improvements to improve Route 654 from its intersection with Route 7 to the east and to construct a grade- separated interchange at the Route 643/Bypass intersection. This pro rata share shall be determined by the Town of Leesburg and as generally applied to other tracts in the Town of Leesburg for similar purposes: ADT FOR USE x Est. Cost of x 8 Traffic = Pro Rata Capacity of Future road Distributed Contribution Roadway Improvements to Roadway for Roadway o ADT for use = Average Daily Trips per land use category as found in the Institute of Transportation Engineers "Trip Generation" Manual (3rd Ed. ) o Traffic distribution to be based on the results of a traffic study, prepared at the developer's expense prior to the approval of the preliminary development plan or subdivision plat; the results of which shall be agreed upon by the developer and the Land Development Official. o Pro rata contribution = dollar assessment per land use proposed, due at issuance of a zoning permit for each structure. 9. Architectural Quality. The development of the subject property shall be governed by Protective Covenants to insure a coordinated and attractive development, which will be subject to review and approval by the Town of Leesburg's Land Development Official, including pro- visions for architectural treatment and signage. 10. Public Services. The applicant agrees to execute the Route 643 Water Line Agreement, as transmitted to the Mayor and Council in a memorandum dated November 25, 1985 which is adopted as part of this proffer by reference. 11. Reconsideration. In the event that construction of the entire 82,000 square feet of commercial development permitted on the tract is not "substantially complete" within ten years from the date of approval of this commercial application, the Town of Leesburg may initiate a re- zoning of the PD-CH District to a less intensive use. In the event the Town Council downzones the property to another use, the Town will not be sued to reinstate the PD-CH zoning. SECTION IV. This ordinance shall be in effect upon its passage. Aye: Councilmembers Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams. Nay: Councilmember Bos 86-0-22 - ORDINANCE - AMENDING THE ZONING MAP FOR REZONING APPLICATION ZM-70 On a motion by Mr. Bos and seconded by Mr. Kelley the following ordinance was proposed and adopted: WHEREAS, Rezoning Application #ZM-70 by Bruce M. Brownell to rezone 82.9 acres of land near the corner of Route 643 (Sycolin Road) and Route 654 (Lawson Road) from County R-1 to County R-2 was referred by this Council to the Planning Commission on October 9, 1985; and WHEREAS, the Planning Commission held a public hearing on this application on December 6, 1985; and MINUTES OF THE MAY 14, 1986 MEETING 2 0 3 WHEREAS, the applicant revised the application and proposed certain proffered conditions; and WHEREAS, the Planning Commission recommended to Council approval of this application on January 16, 1986, contingent upon certain proffered conditions and modifications of the original application; and I WHEREAS, this Council on March 12, 1986 held a public hearing on the proposed rezoning; and WHEREAS, the applicant amended the conditions on the original application and proffered on May 14, 1986 to permit a less intensive use than originally proposed; and WHEREAS, it is determined that the proposed amendment, as revised, is in the interest of the public necessity, convenience, general welfare and good zoning practice: ,, T THEREFORE, ORDAINED by the Council of the Town of Leesburg in VJ Virginia as follows: N N SECTION I. The Leesburg Zoning Ordinance is amended to revise the W Zoning District Map to change from County R-1 to County R-2, 82.9 acres of CO land bounded by the land of Engle and Carlton on the north, Route 654 on Cr the south, the land of Ciganeck, Alberts, Davis and Reisner on the east and land of Engle, Horrocks and the European American Furniture Company on the west, in accordance with a plat prepared by Patton, Harris & Rust, Inc. dated May 14, 1986. This rezoning is subject to the proffered conditions submitted in accordance with Section 15.1-491.2 of the Code of Virginia as i amended: 1 1. Site Plan. The tract shall be developed in general compliance with the I Plat submitted with the zoning application prepared by RDA and Patton, Harris, Rust and Associates, dated May 14, 1986. 2. Road Right-of-way Dedication. The applicant shall dedicate, free and clear of all liens and encumbrances, 60-feet from the existing center- line of Route 654 at the time the land is needed for road improvements by the Town of Leesburg or at the time of approval of the final sub- division plat for the property, whichever occurs first. 3. Road Improvements. Route 654 shall be improved along the southern property frontage to a standard 30-foot "rural pavement section" with appropriate acceleration, deceleration, turn lanes and/or transitional pavement sections as required by the Town of Leesburg standards. In addition, a contribution shall be given in the amount of the pro rata share of future transporation improvements to improve Route 654 from its intersection with Route 643 to the proposed intersection with Route 7 to the east. This pro rata share shall be determined by the Town of Leesburg and calculated by the following formula developed 1 by the Town of Leesburg as generally applied to other tracts in the Town of Leesburg for similar purposes: ADT FOR USE x Est. Cost of x Traffic = Pro Rata Capacity of Future Roads Distributed Contribution Roadway Improvements to Roadway for Roadway o ADT for use = Average Daily Trips per land use category as found in the Institute of Transportation Engineers "Trip Generation" Manual (3rd Ed. ) o Traffic Distribution to be based on the results of a traffic study, prepared at the developer's expense prior to the approval of the preliminary subdivision plat, the results of which shall be agreed upon by the developer and the Land Development Official. 204 MINUTES OF THE MAY 14, 1986 MEETING o Pro rata contribution = dollar assessment per land use proposed, due at issuance of a zoning permit for each structure. 4. Access. No zoning permits shall be issued for Lots 81 through 90 until the internal street connection between lots 81 and 54 is completed to allow access of these lots through the tract to the designated entrance to the project on Route 654. 5. Vegetation and Slope. Both slope and mature trees shall be protected to the greatest extent possible. Mature trees and slopes in excess of 15% shall only be removed or modified as necessary to accommodate the site construction, access, utilities service, and the creation of usuable lots and yards for the proposed single family detached housing development. 6. Public Services. The applicant agrees to execute the Route 643 water line agreement, as transmitted to the Mayor and Council in a memorandum dated November 25, 1985 which is adopted as part of this proffer by reference. 7. Public School Bus Access. The applicant agrees that no house shall be constructed more than eight tenths of a mile from a school bus shelter constructed adjacent to a public road. 8. Park Area. The applicant agrees that the area designated a- "park" on the plat submitted with the zoning application, shall be dedicated to the Town of Leesburg at the time of final plat or plan approval, or to the Northern Virginia Regional Park Authority if refused by the Town of Leesburg. If the park area is not desired by either agency, it shall be placed in the ownership, control and maintenance of the homeowners association. 9. Park Contribution. In the event the park area is accepted by the Town of Leesburg for development for Town use the applicant shall donate five thousand dollars ($5,000) to the Town to be used for the development of the park. This contribution shall be paid to the Town of Leesburg on a per dwelling unit basis at the time of issuance of zoning permits for each dwelling unit on the property. SECTION II. This ordinance shall be in effect upon its passage. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams Nay: None On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: 86-79 - RESOLUTION OF RESPECT WHEREAS, Roland B. Flint, former manager of the local Virginia Electric and Power Company Office and well known resident of Leesburg, died in Leesburg on April 21, 1986; and WHEREAS, Mr. Flint was a member of various civic and service organizations in Loudoun County and Leesburg; and WHEREAS, Mr. Flint served as Chairman of the Grievance Committee of the Town of Leesburg from 1974 through 1985; and WHEREAS, Mr. Flint contributed of his time and energies in the past to the betterment of the Town of Leesburg: THEREFORE, RESOLVED that the Mayor and Members of the Council of the Town of Leesburg do extend their sympathy to his family and to all who knew him; and 205 MINUTES OF THE MAY 14, 1986 MEETING BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his wife and children. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams Nay: None On a motion by Mr. Bos and seconded by Mr. Kelley, the following resolutions were considered as consent items and unanimously adopted: 86-80 - RESOLUTION - CONSENTING TO THE VACATION OF THE EDWARDS FERRY MEWS SUBDIVISION WHEREAS, Section 15.1-481 of the 1950 Code of Virginia, as amended, permits the vacation of a recorded subdivision plat with the consent of the governing body by the owners of the subdivision prior to the sale of any lot therein; and NWHEREAS, Brownell, Inc. is the fee simple owner of the Edwards Ferry Mews Subdivision as shown on a plat prepared by DeLashmutt Associates dated w January 1982 and recorded among the land records in the Clerk's Office for [fl the Circuit Court of Loudoun County in Deed Book 810 at Page 1508 et. seq.; and WHEREAS, it is the desire and intent of Brownell, Inc., to vacate the plat of the Edwards Ferry Mews Subdivision in its entirety in accordance with a deed of vacation by Brownell, Inc., dated May 14, 1986; and WHEREAS, no further public interest is served by the retention of this subdivision plat; and WHEREAS, on March 4, 1982, Brownell, Inc., as a condition imposed by the Leesburg Planning Commission in conjunction with a variance granted for this subdivision, deposited $2,970 in an escrow account held by the town for construction and widening by the Town of Edwards Ferry Road adjacent to the subdivision; and WHEREAS, the vacation of the Edwards Ferry Mews plat relieves the subdivider of any responsibility for improvements to Edwards Ferry Road: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council consents to the vacation of the Edwards Ferry Mews Subdivision plat in its entirety. SECTION II. The Director of Finance is authorized to refund $2,970 plus interest, on deposit with the town in an escrow account on behalf of Brownell, Inc. 86-81 - RESOLUTION - ACCEPTING A DEDICATION OF RIGHT OF WAY AND AUTHOR- IZING THE COMPLETION OF PUBLIC IMPROVEMENTS BY DECEMBER 11, 1986 WHEREAS, North Street, N.E. between Church Street and the property owned by Loudoun County, abutting the Harris property, presently has a 30- foot right-of-way; and WHEREAS, Roy D. Finney and John Niccolls have offered to dedicate a parcel of land on the south side of North Street, 10 feet in width and approximately 103 feet in length that will be an addition to the North Street right-of-way; and 206 MINUTES OF THE MAY 14, 1986 MEETING WHEREAS, in consideration of this dedication the Town Council has agreed to construct approximately 103 feet of curb, gutter and sidewalk along this section of North Street, and the applicanthas agreed to pay the $200 cost difference between the sidewalk construction and the cost of driveway entrances; and WHEREAS, this Council has found that this right-of-way dedication and sidewalk construction is in the public interest: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is directed to prepare an appropriate deed of dedication .and plat. SECTION II. The manager is directed to complete a curb, gutter and sidewalk section with driveway entrances along North Street by December 1, 1986. SECTION III. This dedication of 1039.4 square feet is accepted for public street purposes and the mayor is authorized to acknowledge this acceptance on behalf of the Town by executing the deed of dedication. 86-82 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR CATOCTIN VIEW SUBDIVISION WHEREAS, the Town's Director of Engineering has reviewed the public improvements installed to date in the Catoctin View Subdivision and cer- tifies that the value of work performed is $116,491, and WHEREAS, a letter of credit from Suburban Bank of Maryland in the amount of $279,089 has been provided by the developer and approved by Council to guarantee installation of public improvements in the Catoctin View Subdivision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Suburban Bank letter of credit originally in the amount of $279,089 is reduced to $162,598. SECTION II. The manager shall notify the developer of the Catoctin View Subdivision that liability for letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for the Catoctin View Subdivision. 86-83 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AMENDMENT TO THE SUB- DIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING BONDING REQUIREMENTS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider proposed amendments of the Subdivision and Land Development Regulations of the Town Code regarding bonding requirements shall be published in the Loudoun Times Mirror on June 5, 1986 and June 12, 1986 for public hearing on June 25, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. MINUTES OF THE MAY 14, 1986 MEETING 207 86-84 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED ZONING MAP AMENDMENT ZM-74-MARTIN H. PORETSKY RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider rezoning application #ZM-74, by Martin H. Poretsky to the zoning district map of the Leesburg Zoning Ordinance, to rezone from County A-3 to County PD-IP, 23.5 acres of land located on the north side of Route 7 and bounded by P. a K. Cassidy et al ! and T. G. Crouch on the north, Route 7 on the south and Thomas G. Crouch on the east shall be published in the Loudoun Times Mirror on May 22, 1986 and May 29, 1986, for public hearing on June 11, 1986, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. 86-85 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED ZONING MAP AMENDMENT ZM-59, WASHINGTON-VIRGINIA //�� TRADITIONAL DEVELOPMENT COMPANY CD RESOLVED by the Council of the Town of Leesburg in Virginia as N follows: N UJ A Notice of Public Hearing to consider rezoning application #ZM-59 by M Washington-Virginia Traditional Development Company to rezone 49 acres of Q land from County R-1 to County PD-SC, PD-CH and PDH-24 located at the intersection of Route 15 South and Route 621 shall be published in the Loudoun Times Mirror on May 22, 1986 and May 29, 1986, for public hearing on June 11, 1986 at 7: 30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams INay: None 86-86 - RESOLUTION - ADOPTING THE 1987-1992 CAPITAL IMPROVEMENTS PROGRAM On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following resolution was proposed and adopted: WHEREAS, Section 15.1-464 of the Code of Virginia, as amended, authorizes preparation and annual review of a capital improvements program (CIP) ; and WHEREAS, the Planning Commission has reviewed the 1987-1992 CIP and recommends adoption to the Council; and WHEREAS, the CIP provides a long-term plan for the financing and acquisition of capital facilities, projects and equipment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The 1987-1992 Capital Improvements Program submitted by the manager of March 31, 1986, is adopted with the following changes: a. Project 4400.033, Replace Dump Trucks, the first truck listed is moved from fiscal year 1988 to fiscal year 1987. b. Project 4102.021A, Street Lights, is added. c. Project 4103.030A, West Cornwall Street Improvements, is added. d. Project 6100.077, South End Hangar Improvements, is added. SECTION II. This resolution shall be in effect upon its adoption. Several Councilmembers, particularly Mr. Kelley, had comments on the CIP. He was concerned about the inclusion of the parking garage/municipal center in this CIP, but is in favor of the CIP in general, as are the other members of the Council. 2 R 0 8 MINUTES OF THE MAY 14, 1986 MEETING Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams Nay: None 86-87 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH DLH/INE CORPORATION FOR THE CONVERSION OF THE TOWN'S REAL ESTATE TAX, PERSONAL PROPERTY TAX AND BUSINESS LICENSE BILLING AND COLLECTION TO COMPUTERIZED PROCEDURES On a motion by Mr. Bos and seconded by Mr. Kelley, the following resolution was proposed and adopted: WHEREAS, in April 1985, the town contracted with DLH/INE Corporation to furnish the town with accounting software for the purpose of converting its manual system of bookkeeping to an automated one; and WHEREAS, the proposed budget for the fiscal year ending June 30, 1987, proposes the acquisition of software from DLH/INE Corporation for the co version of the town's real estate tax, personal property tax and business license billing and collection procedures from a manual system to an automated system; and WHEREAS, the agreement with DLH/INE Corporation beco^es null and void and no obligation or liability shall accrue to the town for any work completed on this project by DLH/INE Corporation should funds not be appro- priated in the fiscal year 1987 budget: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute an agreement with DLH/INE Corporation for the purpose of automating the town's real estate tax, personal property tax and business license billing and collection procedures. SECTION II. On or subsequent to July 1, 1986, the town shall pay to DLH/INE Corporation the amount of $20,000 for the performance of these services so long as funds are appropriated in the fiscal year ending June 30, 1987, budget. SECTION III. Since this computer software interfaces with the town's general ledger accounting system and since DLH/INE Corporation holds exclusive marketing rights to this software, this agreement qualifies as a sole source procurement as is provided for in Paragraph 8.4 of the town's purchasing policy. After very positive Councilmember comments, the vote on this resolution was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams Nay: None 86-88 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 9 TO R. F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE- WATER TREATMENT PLANT On a motion by Mr. Tolbert and seconded by Mr. Kelley the following resolution was proposed and unanimously adopted: WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc. ; and MINUTES OF THE MAY 14, 1986 MEETING 209 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. 9 on April 24, 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. 9 in the amount of $310,719.00. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $310,719.00 ($327,072.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 9 for the Wastewater Treatment Plant Expansion Project. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor (V Williams CklWNay: None CO NEW BUSINESS Q 86-89 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND RECREATIONAL IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR T & K ASSOCIATES On a motion by Mr. Tolbert and seconded by Mr. Curry, the following resolution was proposed and adopted: 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 T & K Associates of Catlett, Virginia, for installation of public improvements shown on the plans approved by the Director of Engineering for Tudor Knolls Apartments, Phase II. SECTION II. The extension of municipal water and sewer works for the T & K Associates 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 Fairfax Savings Bank in the amount of $340,089 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for Tudor Knolls, Phase II. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams Nay: None • 86-90 - RESOLUTION - AUTHORIZNG FURTHER LEGAL ACTION WITH RESPECT TO THE ENFORCEMENT OF THE LEESBURG/LOUDOUN COUNTY 1982 ANNEXATION AGREEMENT On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following resolution was proposed and adopted: WHEREAS, the Town of Leesburg and County of Loudoun entered into an annexation agreement on November 15, 1982 which included Annexation Area Development Policies (AADPs) governing land use, transportation, utility and other development issues within the annexation area and the Leesburg Area Management Plan (LAMP) area outside the expanded corporate limits; and 210 MTNUTES OF THE MAY 14, 1986 MEETING WHEREAS, the AADPs provide that "the enlarged town limits have been established as a boundary line beyond which central water and sewer services should not be provided in order to concentrate growth in and around the town . . ."; and WHEREAS, Section 3, Subsection F, Paragraph 2 of the AADPs provides that "central water and sewer facility extensions . . . shall be precluded in the LAMP planning area outside the annexation area until January 1, 1994, unless necessary to protect the public health or mutually agreed upon by the town and county;" and WHEREAS, Paragraph 18 of the Annexation Agreement provides, "the Board of Supervisors agrees to take all legal steps available in order to preclude the location of central water and sewer systems . . . in the LAMP planning area outside of the territory to be annexed until January 1, 1994" ; and WHEREAS, Xerox Realty Corporation (Xerox) filed an application with Loudoun County to rezone 821 acres to PD-OP and 1,039 acres to PDH-12; and WHEREAS, more than one half of the land proposed for rezoning was located within the LAMP area; and WHEREAS, the Loudoun County Board of Supervisors, in order to accommodate this rezoning, approved on September 16, 1985, amendments to the LAMP that designate the Loudoun County Sanitation Authority as the water and sewer provider for the entire Xerox tract, including those lands lying within the LAMP area in violation of the Annexation Agreement and without proper notice to the town; and WHEREAS, the rezoning application included a proffered condition which unilaterally established the Loudoun County Sanitation Authority as the water and sewer provider for the Xerox property in the LAMP planning area; and WHEREAS, Council Resolution No. 85-234 adopted December 11, 1985 requested the Board of Supervisors to take no action on the Xerox rezoning application until the issue of extending central water and sewer facilities within the portion of the Xerox property located in the LAMP area was resolved by the Board of Supervisors and the Town Council in accordance with the Annexation agreement, AADPs and Court Order; and WHEREAS, the Board of Supervisors refused to honor the town's request and on December 16, 1985 approved the rezoning of 1860 acres of land owned by Xerox to urban uses thereby violating the Annexation Agreement, AADPs and Court Order; and WHEREAS, the Town Council, through counsel requested the reconvening of the Special Annexation Court and filed a motion to enforce the terms of the Annexation Agreement, AADPs and Court Order; and WHEREAS, in 1983 the General Assembly passed legislation requested by the town and county which the town believed would ensure the enforceability of the Annexation Agreement; and WHEREAS, the special annexation court has informed the parties that it intends to dismiss the town's motion for lack of jurisdiction; and WHEREAS, this Council considers the future enforcement and integrity of the Annexation Agreement of utmost importance to the interests of both the town and county: THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: The law firm of Hunton and Williams is further retained and authorized to pursue any and all legal remedies that may be available to enforce the terms of the Annexation Agreement, AADPs and Court order. MINUTES OF THE MAY 14, 1986 MFETING 2 if Mr. Williams stated that he and Mayor Sevila, who entered at this point, had attended a Board of Supervisors meeting. They had attended to present a proposal regarding the Xerox issue. The Board just sent word that they would like to have this proposal in writing and present it to the Board next Monday evening. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila I Nay: None On motion of Brian Kelley and seconded by Charles Williams, Council voted unanimously to go into executive session to discuss personnel and legal matters. Section 2.1-344(1) and 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: T Jeffrey Minor, Town Attorney, George Martin and Deputy Town Attorney, VJ Deborah Welsh. N N Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and W Mayor Sevila CO Q Nay: None The meeting was called back to order by Mayor Sevila with no action taken in the executive session. 1 Mr. Curry made the recommendation that minutes of the Finance and Administration Committee and Utility and Public Works Committee meetings be recorded, with the minutes to be available within a few days of the meeting. I He stated that sometimes a Councilmember needs to miss a meeting and at least with minutes, they could be kept abreast of what transpired. Mayor Sevila concurred citing several recent examples of the need for i a record of the meetings. Mr. Williams stated that he would be in favor of hiring someone to do the minutes of the Committee meetings, Planning Commission meetings and to be available to do typing for the Council. After some further discussion by Mr. Minor, Mayor Sevila and other members of the Council on the subject of minutes, it was promised that someone would be at the next committee meeting to take minutes. Mayor Sevila asked that the applications for ZM-63 and ZM-70 be recon- sidered at the committee level. He felt that these applications were approved in a manner going against what the town had recently approved in the comprehensive plan. A major concern is rezoning to a county zone and its application under the annexation agreement. How can the town operate under an ordinance that is adopted by the county? After continued discussion by Councilmembers, and a statement made by Councilmember Curry whereby he stated that ZM-63 and ZM-70 worked hand in hand and one could not be considered without the other, and that these rezonings would also help with the waterline that is proposed for the area. Following some further comments by Mr. Curry it was duly moved and seconded that the meeting be adjourned. �� //7� Mayor Clerk of .uncil