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HomeMy Public PortalAbout1986_06_11 231 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 11, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on June 11, 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 by the Salute to the Flag led by -Director of Finance, Paul York. Present were Mayor Robert E. Sevila, Councilmembers Charles Bos, Arl Curry, Brian Kelley, Jerry Pelkey, John Tolbert, Jr., and Charles Williams. Staff members present were Town Manager, Jeffrey Minor, Assistant Town Manager, Steve Owen, Director of Finance, Paul York, Director of Planning, Zoning and Development, Martha Mason-Semmes, Director of Engineering and Public Works, Tom Mason, Zoning Administrator, Mark Nelis, and Planner, Susan Sherman. On a motion by Charles Williams and seconded by John Tolbert it was recommended that the minutes of the regular meeting of November 27, 1985 and the regular meeting of January 8, 1986 be approved as submitted. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay. None NPETITIONERS N Blaine Cecil of 1001 Tuscarora Drive addressed the Council on the ELI flood hazard analysis of Tuscarora Creek as it relates to rezoning ZM-71, W Westpark Hotel property. He stated that this rezoning application necessitates a valid and current flood hazard analysis report of the Tuscarora Creek watershed. The current report was prepared in 1974 by the U.S. Department of Agriculture division of Soil Conservation and was later adopted by the Federal Emergency Management Agency (FEMA). The rezoning decision will be based on this invalid report. Information received from the SCS indicates that original maps and reports were lost and the currant flood plain study does not take into consideration the growth that has actually occurred in the area. Therefore, flood potential cannot be evaluated properly at this point Because of alterations that have been made and are projected, a new study should be undertaken. Elevations and frequency of storms are not properly addressed in the current report. Factors such as debris in channels, uprooted trees and rechannelization could raise the flood levels by 6 to B times the projected levels. In several places in the report it was stated that flood stage estimates were based on the land use projections provided by the town and county in the tI early 1970's. The report goes on to say that if intensive upstream development takes place in the future, then the data provided in the report would be invalid. Encroachments into the watershed area could seriously impact the natural flow. The report also suggests that future boards and councils strictly adhere to the 'floodplain development restrictions. A storm in 1983 left several areas in the Tuscarora Creek watershed area severely flooded. He recommended that a new flood hazard study be prepared. Also, any rezonings that would modify flood hazard areas should be denied until such a report is complete. Citizens in the affected areas will seek restitution should severe flooding occur as a result of modifications to the watershed area. Mr. Curry asked Mr. Cecil what his qualifications were in the flood hazard/control area. Mr. Cecil replied that he has a doctorate in geology with a specialty in sedimentary geology which includes streams and their behavior, plus twenty years of experience. The Mayor presented two Certificates of Appreciation: First to Marylou Hill - "A Certificate of Appreciation to Marylou Hill in appreciation for your contribution to the betterment of Leesburg, the Mayor and Town Council hereby award this certificate for eight years of dedicated service as a member of the Leesburg Town Council, 1978 - 1986." The second certificate was presented to James M. Haynes as follows: "A Certificate of Appreciation presented to James M. Haynes in appreciation for your contribution to the betterment of the Town of Leesburg, the Mayor and Town Council hereby award this certificate for five years of dedicated service at Leesburg Municipal Airport 1981-1986". 232 MINUTES OF THE JUNE 11, 1986 MEETING Mr. Haynes was presented this certificate for his dedicated and hard work in improving the airport operation over the past five years. He was very instrumental in bringing the airport from a floundering operation to a very successful and updated operation. Mr. Haynes thanked the Council and the town staff for their support in his efforts at the airport. PUBLIC HEARING ON ZONING MAP AMENDMENT ZM-59 BY WASHINGTON-VIRGINIA TRADITIONAL DEVELOPMENT SITES II The staff report was given by Mark Nelis who summarized the rezoning application as follows: This rezoning impacts a 287 acre tract of land located south of the Leesburg Bypass between Route 15 and Route 621, also known as the Stowers Tract. The major issue is the intensity of the commercial development for this tract. The second major issue is the location of the commercial uses. It is a large parcel with access to a major route (Route 15). However, it would impact the transportation plan that is proposed for this area. Some of the development would be better relocated along the proposed transportation plan routes. Careful planning with regard to present and future transportation issues must be considered. The proffers submitted by the applicant need further review by staff and legal counsel. Bill Chapman a representative of the applicant with regard to the proposed rezoning, used a visual map to further explain the impact of this application to the Council and general public. The currant application calls for four parcels to be rezoned. Parcels 1 and 2 are proposed for commercial activity. Concept plans do show access from Route 621 rather than any access from Route 15. Parcel 3 is proposed for townhouse residential use, with a buffered area. The request for Parcel 4 would allow a motel type structure. Objectionable type uses have been excluded from the plan. Commercial land uses and the scone of the project.are being objected to at present. In the 1971/2 KDA plan, this parcel was identified for commercial uses. Although the scale was never identified, the same uses as are proposed were mentioned. The LAMP and AADPs also include commercial development for this area. Another issue regarding commercial development location near "planned" roadways rather than existing roadways doesn' tseem to make much sense to the developer. The Route 621 issue is somewhat contradictory with staff recommendations as they relate to the various vehicles in place to plan the transportation issues of the area. Several proffers to enhance the present transportation pattern and improve it in the future have been offered. The developer feels that they have proffered more than is necessary to meet the criteria required for developing the area. Mr. Tolbert asked where the single-family homes are to be located. Mr. Chapman pointed out on the map exactly where the single-family, townhouse and other residential development would occur. Mayor Sevila inquired re the acreage in Parcel 3. 21 acres are involved in Parcel 3 and presently the concept plan is looking at between 7 and 8 units per acre density. Public streets and off-street parking are proposed for the areas. There will be homeowner's associations involved in maintaining the open spaces (common grounds) in the area. The next inquiry was relevant to the existing housing on Route 621 and the type of buffer zone that would be provided. Mr. Chapman replied that there is a rather large buffer zone projected. An elementary school site is also proposed on the site. Mr. Curry asked if any plans were made in regard to stormwater management for the area. Mr. Chapman replied that a portion of the floodplain and surrounding area has been set aside as a storm retention area. Mr. Bos inquired about the commercial density and residential development of the area. Mr. Chapman replied that there would be a density of about 3.5 dwelling units per acre for residential. Permissible commercial uses include hotel/motel, financial institutions and filling MINUTES OF THE JUNE 11, 1986 MEETING '233 stations. Mr. Nelis stated that offices, grocery sales and theaters would be the remaining uses under the ordinance. Blaine Cecil stated that he was intrigued by this rezoning request as it relates to the modification of the floodplain. He feels that it would be a great mistake in the town's stormwater management program. Since there were no further comments from the public on this rezoning, the public hearing was closed at this point and referred to Council for further discussion. On a motion by Mr. Bos and seconded by Mr. Williams, it was recommended that this rezoning request be referred to the Finance and Administration Committee for further study and consideration at their June 17 meeting. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None V J PUBLIC HEARING ON ZONING MAP AMENDMENT ZM-74 BY MARTIN H. PORETSKY N Susan Sherman presented the staff report on this rezoning, summarizing CO it as follows: This application asks for 23.5 acres zoned County A-3 to be rezoned as County Planned Development Industrial Park. A modification of Q the zoning regulations in PDIP to reduce required setbacks from 75 feet to 45 feet for buildings and from 60 to 30 feet for parking area is requested. This parcel is located on the north side of Route 7 (Heider Nursery). A three acre tract is left for the existing nursery. The concept plan shows 345,000 sq. ft. of office space and 20,000 sq. ft. of commercial space distributed in six buildings. Planning Commission has recommended, with conditions, approval of this application. Their concern was that this could be premature since water and sewer is not available at this time and also the transportation plan again fell into the picture. Preservation of the Lombardy Farm historic site on the property was anothar condition that the Planning Commission asked for. This has been identified as a significant historic site that should be preserved in the various documents that control the planning of the area. The land surrounding this parcel is zoned A-3, residential, which is why the setback requirements need addressing. Mr. Kelley asked further about the Lombardy Farm and its physical condition. Ms. Sherman stated that it is quite well maintained at this point. The mayor asked what the permanent water and sewer arrangements were for this parcel. Construction of a line from the Carr Tank to the area would be one feasible arrangement. Sewer service could consist of a force main constructed to hook into the Carradoc Hall service until development got to such a point as a permanent main would be constructed hooking to the wastewater treatment plant and being a permanent part of the town system. A permanent main should be constructed initially bypassing the temporary main that is proposed. Tom Nalls, representing Mr. Poretsky, gave the following presentation on behalf of the applicant: He stated that the staff report had character- ized the status of the rezoning very well. The proffers have been through a rather extensive process and are still being reviewed. A public water system has been proposed for the area right at the beginning of the project. They are reviewing the Lombardy House and attempting to determine how this could be included in the development plan. The Mayor went on to state that the town's ordinance requires water and sewer availability to all PD-IP zoned areas. Mr. Nalls stated that often a rezoning is what activates the installation of public facilities. 234 MINUTES OF THE JUNE 11, 1986 MEETING The mayor asked whether a special exception would be required in the future for the operation of the nursery. Martha Semmes replied that no special exception would be required in the future. Access for this three acre parcel would be from the proposed roadway, and not from Route 7. Since there was no further comment on this application, the public hearing was closed. On a motion by Mr. Williams and seconded by Mr. Pelkey it was recommended that this application be referred to the Finance and Adminis- tration Committee for further consideration at their June 17 meeting. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None PUBLIC HEARING ON MEALS/TRANSIENT OCCUPANCY TAX Jeffrey Minor reported that this item was submitted in the proposed budget in April as a revenue measure for the town. The meals tax is expected to generate revenues of about $95,000 in its first year and well over $200,000 in following years. The transient occupancy tax will also generate substantial revenues. Loudoun County presently levies a 2% tax on transient occupancy. The town tax would supplant this county tax. The county has requested an attorney general's opinion. This opinion has been received and is being reviewed by the town attorney at this time. Charles Smith of 217 Shenandoah Street reviewed this tax and feels that the transient occupancy tax is an acceptable method of raising revenues. He did state opposition to the meals tax stating that many local people eat out in Leesburg and are already taxed to support the services of the town. If this tax is designed to receive revenues from transients that eat out in Leesburg then it is counterproductive in relation to residents. Since there were no further comments on this matter, the public hearing was closed at this time. On a motion by Mr. Williams and seconded by Mr. Bos it was recommended that this matter be referred to the Finance and Administration Committee for further consideration at their June 17 meeting. 1 Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None There was a five minute recess at this time. The meeting was called back to order by the Mayor. COUNCILMEMBER COMMENTS Mr. Williams reported on the Parks and Recreation meeting of yester- day at which guest speaker Chuck Wyatt of the State Department of Parks and Recreation spoke on supporting communities recreation projects. Funds will be reduced as a result of Graham-Rudmann, however, there are some monies available. Grant money may not be as readily available as hoped, but there is hope that Leesburg would get some since they have never requested funds for this purpose. A suggestion to involve civic organizations along with the county in the funding process was discussed. A survey will be sent to the citizens of Leesburg requesting input regarding recreation activities and facilities. Mr. Pelkey reported that the pond on the golf course has been illegally dammed. There was no permit issued and it was requested that this project be stopped. Relocation of the stream requires a Corps of Engineers permit. The Corps of Engineers has been called in to review the work that has been done and a report will be issued when it is available. MINUTES OF THE JUNE 11, 1986 MEETING 2 3 5 Mr. Curry attended the Planning Commission meeting at which the Commission recommended the final development plan for Potomac Crossing, Section 1; approved a preliminary development plan for lots 1 and 10 of Leesburg Gateway; recommended a rezoning application of ZM-71, Albrittain, with conditions; and recommended approval of ZM-76 - Echols and Cornwell. Mr. Kelley reported on this morning's Economic Development Advisory Commission meeting. Mr. Bos and Mr. Williams also attended this meeting. Discussion centered around some pending items and some new items. Mr. Bos added that the airport development should be better publicized and that perhaps an open house could be planned to "show it off" to th- citizens. Mr. Tolbert attended the Airport Commission meeting and reported that H Contract 2 of the apron project has been bid. The foundations for the new hangars are in place. There will be 16 new hangars and all have been sold already. Mayor Sevila reported that the deed for the remainder of the Ida Lee Rust T property had been received from Mr. and Mrs. Rust. This is being reviewed VI at present and will be recorded shortly. N N MANAGER'S REPORT Et Correspondence from Congressman Wolf's office was received asking for Q support of the transfer of ownership of Dulles and National airports to regional authority. There will be some meetings upcoming in June and members of the Council were asked to attend. The landscaping is going on at the South Harrison Street park and Mr. Minor asked the Councilmembers to take a moment to go view the results. The repair has been made to the traffic signal at the corner of Catoctin Circle and South King Street. LEGISLATION On a motion by Mr. Williams and seconded by Mr. Pelkey, the following ordinance was proposed and unanimously adopted: 86-0-25 - ORDINANCE - REPEALING SECTIONS 15-13, 15-57(2) , 15-58(2) , 19-22, 19-43(A) (2) , 19-43(A) (3)b, 19-45(2) REGARDING WATER AND SEWER CONNECTIONS, DEPOSITS AND USER FEES OUTSIDE CORPORATE LIMITS WHEREAS, the Town of Leesburg's utility fund is operated on an enterprise basis; and WHEREAS, the town's general fund does not contribute towards the financing of water and wastewater treatment facilities; and WHEREAS, the methodology used to develop availability fees ensures adequate recovery of all capital costs and debt service associated with the town's water and wastewater facilities; and WHEREAS, the town is no longer dependent on surcharges on water and sewer connections, deposits and user fees for service outside the corporate limits: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Sections 15-13, 15-57(2), 15-58(2), 19-22, 19-43(a)(2), 19-43(a)(3)b and 19-45(2) of the Leesburg Town Code regarding water and sewer connections, deposits and user fees are repealed. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 236 MINUTES OF THE JUNE 11, 1986 MEETING On a motion by Mr. Kelley and seconded by Mr. Tolbert the following items were considered as consent items and unanimously adopted: 86-109 - RESOLUTION - AUTHORIZING A PUBLIC HEARING ON ZONING MAP AMEND- MENT ZM-75 BY C. J. PAYNE RESOLVED by the Council of the Town of. Leesburg in Virginia as . follows: - A Notice of Public Hearing to consider rezoning application #ZM-75 by C. J. Payne to amend the zoning district map of the Leesburg Zoning Ordinance to rezone from R-2 to B-2, 5,679.9 square feet of land located on the south side of East Royal Street, bounded by 206 Royal Street, SE and 204 South Street, SE on the west and 205 Royal Street, SE. on the east shall be published in the Loudoun Times Mirror on June 19, 1986 and June 26, 1986 for public hearing on July 9, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. 86-110 - RESOLUTION - AUTHORIZING A CONTRACT WITH BROTHERS SIGNAL AND CONTROL COMPANY, INCORPORATED FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF CATOCTIN CIRCLE AND HARRISON STREET WHEREAS, the engineering consulting firm of KELLERCO, Inc., prepared construction plans and specifications for a traffic signal at the intersection of Catoctin Circle and Harrison Street; and WHEREAS, sealed bids for the installation of the traffic signal were opened on Friday, May 30, 1986, and Brothers Signal and Control Company, Inc. , is the low bidder with a bid of $33,804.00; and WHEREAS, KELLERCO, Inc., has reviewed the bids and advised the Town of Leesburg that the Brothers Signal and Control Company, Inc., was the qualified low bidder and recommended award of contract to them: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A contract award is made to Brothers Signal and Control Company, Inc., of Leesburg, Virginia for the installation of the traffic signal at the intersection of Catoctin Circle and Harrison Street on a lump sum basis in the amount of $33,804.00 SECTION II. The manager shall enter into a contract with Brothers Signal and Control Company for the installation of the traffic signal based on this award. 86-111 - RESOLUTION - AUTHORIZING THE EXECUTION OF A CONTRACT WITH MARKEL SERVICE, INC. FOR THE PROCUREMENT OF PUBLIC OFFICIALS AND LAW ENFORCEMENT PROFESSIONAL LIABILITY INSURANCE WHEREAS, the town recently received quotations from Markel Service, Inc., of Richmond, Virginia to provide the town with Public Officials and Law Enforcement Professional Liability Insurance coverage from July 1, 1986 through June 30, 1987; and WHEREAS, after consultation with Industrial Insurance Management Corporation, the town's insurance consultant, it has been determined that the quotations offered are the best available to the town for the coverages required: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute a contract with Markel Service, Inc. of Richmond, Virginia for the procurement of Public Officials Liability Insurance providing a liability coverage of $1,000,000 • with a deductible of $2,500 at an annual premium of $7,765. MINUTES OF THE JUNE 11, 1986 MEETING 237 SECTION II. The manager is authorized to execute a contract with Markel Service, Inc. of Richmond, Virginia for the procurement of Police Professional Liability Insurance providing a liability coverage of $1,000,000 with a deductible of $5,000 at an annual premium of $13,389. SECTION III. Due to the circumstances of the municipal insurance market 'and the availability of these type of insurance coverages to the town, this procurement shall be considered a sole source procurement as provided for in paragraph 8.4 of the town's adopted Purchasing Policy. 86-112 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE REGARDING OFF-STREET PARKING AND LOADING REQUIREMENTS WHEREAS, the existing parking and loadingstandards in neither the Town of Leesburg Zoning Ordinance nor the Loudoun County Zoning Ordinance, as administered by the town in the annexation area, have adequate standards for off-street parking and loading spaces; and VI WHEREAS, by the Annexation Agreement the town agreed to prepare a N revised zoning ordinance for the entire town; and N WHEREAS, the revision and consolidation of town parking and loading CO regulations is necessary to promote public safety and welfare: Q THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to the Leesburg Zoning Ordinance to establish a new Section 2A is hereby initiated as set out in the "Draft Parking and Loading Regulations", dated May 30, 1986. SECTION II. This amendment upon its adoption shall repeal Section 2-7 of the Leesburg Zoning Ordinance, Section 525 of the Loudoun County Zoning Ordinance, as adopted and administered by the Town of Leesburg Zoning Ordinance in the annexation area, and all other conflicting provisions. SECTION III. The Planning Commission shall conduct a public hearing as soon as permitted by law and shall report its recommendations on the proposed ordinance amendment to the Town Council within 60 days of its public hearing. 86-113 - RESOLUTION - INITIATING AN AMENDMENT OF THE LEESBURG ZONING ORDINANCE REGARDING LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS WHEREAS, this Council has recognized that landscaping, screening and open space contribute to the quality of life by mitigating the effects of the urban environment and by providing buffers between incompatible land uses; and WHEREAS, the present zoning regulations contained in Article 9A do not require buffer-yards and screening consistent with these objectives; and WHEREAS, the objectives of the adopted Town Plan include the revision of the landscape, screening and open space regulations; and ' WHEREAS, it is necessary to consolidate the landscaping, screening and open space regulations for the Town zoning districts and Loudoun County zoning districts as adopted and administered by the Town of Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A comprehensive amendment of Article 9A of the Leesburg Zoning Ordinance is hereby initiated as set out in the "Draft Landscaping, Screening and Open Space Regulations" dated May 30, 1986. A 238 MINUTES OF THE JUNE 11, 1986 MEETING SECTION II. This amendment, upon its adoption, shall replace Article 9A of the Leesburg zoning Ordinance and Article 7, Section 700.5.6.1(g) of the Loudoun County Zoning Ordinance as adopted and administered by the Town of Leesburg. SECTION III. The Planning Commission shall conduct a public hearing as soon as permitted by law and shall report its recommendations on the proposed landscaping, screening and open space amendment to the Town Council within 60 days of its public hearing. 86-114 - RESOLUTION - AUTHORIZING PAYMENT REQUEST NO. 10 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. 10 on May 29, 1986 and Camp, Dresser and McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering and Public Works has recommended payment of Payment Request No. 10 in the amount of $308,758.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $308,758.00 ($325,009.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 10 for the Wastewater Treatment Plant Expansion Project. 86-115 = RESOLUTION - AUTHORIZING A GRANT TO THE LOUDOUN MUSEUM, INC. FOR THE EXTERIOR PAINTING OF THE MUSEUM BUILDINGS WHEREAS, the adopted FY 1986 budget includes $10,000 for the Loudoun Museum; and WHEREAS, the Museum has obligated $4,048 of this amount; and WHEREAS, the Museum Board of Directors has requested a grant to paint the exterior of the museum buildings. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A grant in the amount of $5,952 is authorized and the manager is directed to forward the grant payment to the Loudoun Museum, Inc. in that amount for the exterior painting of the museum buildings in accordance with the bids submitted by Clifford Jennings to be completed prior to October 1, 1986. 86-116 = RESOLUTION = AUTHORIZING CLOSING OF CERTAIN STREETS FOR THE JUNE, JULY AND AUGUST LEESBURG COURTHOUSE CONCERT SERIES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I: The manager is directed to close King Street between Loudoun and Cornwall Street and Market Street between Church and Wirt Street one-half hour before the beginning of each Sunday evening court- house concert series during the months of June, July and August in accord- ance with scheduled events. MINUTES OF THE JUNE 11, 1986 MEETING ,2 3'9 SECTION II. The manager is further directed to post appropriate signs directing traffic from the east and west to Wirt Street. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-117 = RESOLUTION _ REMANDING THE APPLICATION FOR AN HISTORIC DISTRICT ZONING PERMIT BY JAN MCVAY TO THE BOARD OF ARCHITEC- TURAL REVIEW On a motion by Mr. Williams and seconded by Mr. Tolbert, the following resolution was proposed and adopted: WHEREAS, on May 19, Jan Dickson McVay appeared before the Board of Architectural Review and presented an application for an Historic District zoning permit to renovate the building at 110 North King Street; and VJ WHEREAS, the application failed to receive a favorable vote from the N Board of Architectural Review; and N WHEREAS, Jan Dickson McVay by letters dated May 24, 1986 and May 28, LI 1986 to the Leesburg Town Council has appealed the decision of the Board of CO Architectural Review pursuant to Section 10A-8 of the Leesburg Zoning Q Ordinance; and 1 WHEREAS, in testimony before the Leesburg Town Council, the applicant has agreed to amend substantive parts of her application; and WHEREAS, Section 10A-6-1 of the Leesburg Zoning Ordinance authorizes the Board to reconsider applications that comply with the recommendations of the Board; and iWHEREAS, the Board did not formally establish recommendations in denying the application: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The aforementioned application for an Historic District zoning permit for 110 North King Street is remanded back to the Board of Architectural Review for reconsideration pursuant to Section 10A-6-1 of the Leesburg Zoning Ordinance. SECTION II. This action does not prejudice the applicant from making a future appeal to the Town Council of the Board's final disposition of this application. Aye: Councilmembers Bos, Pelkey, Tolbert, Williams and Mayor Sevila Nay: Councilmembers Curry and Kelley Mrs. McVay spoke to voice her displeasure with the decision of the Council to put this back in the hands of the Board of Architectural Review. I A discussion ensued regarding the procedures that were followed in the consideration of this application. 86-118 - RESOLUTION - AUTHORIZING A CONTRACT WITH MERIT CONSTRUCTION ASSOCIATES, INC. FOR THE CONSTRUCTION OF THE CATOCTIN CIRCLE NORTH EXTENSION On a motion by Mr. Williams and seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: WHEREAS, the consulting engineering firm of Patton, Harris, Rust and Associates prepared construction plans and specifications for the construction of approximately 800 feet of Catoctin Circle north of East Market Street; and 240 MINUTES OF THE JUNE 11, 1986 MEETING WHEREAS, sealed bids for the construction of the roadway extension were opened on Friday, June 6, 1986, and Merit Construction Associates, Inc. is the low bidder with a bid of $337,400.00; and WHEREAS, Patton, Harris, Rust and Associates has reviewed the bids and advised the Town of Leesburg that Merit Construction Associates, Inc. is the qualified low bidder and recommended award of the contract to them: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute a lump sum contract on behalf of the town, with Merit Construction Associates, Inc. for the construction of the North Catoctin Circle Extension in the amount of $337,400.00. SECTION II. A transfer of funds is made from the General Fund to the Engineering and Public Works Capital Projects Fund, account No. 4102.700. 097.200, Catoctin Circle Extension, in the amount of $50,000.00 which said appropriation shall remain in effect until the project is complete. Following some discussion in which Mr. Minor explained in more detail the expected time frames and commitments on the part of the contractor, the vote was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert,Williams and Mayor Sevila Nay: None 86-119 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH BRUCE M. BROWNELL TO EXTEND WATER SERVICE ON ROUTE 643 WHEREAS, the Town of Leesburg desires to extend water service along Route 643; and WHEREAS, sewer service was extended along Route 643 in 1984; and WHEREAS, water service along Route 643 will promote economic development around the Leesburg Municipal Airport area; and WHEREAS, the County of Loudoun and Richlynn Development, inc. have executed contracts to participate in the financing of this project; and WHEREAS, the Route 643 Waterline Reimbursement Agreement is in a form approved by the Town Attorney's office: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to execute an agreement on behalf of the Town of Leesburg with Bruce M. Brownell, contract owner of 97.3 acres of land located southeast of the intersection of Route 15 Bypass and Route 643 in the Town of Leesburg, to provide financing for a 16-inch waterline along Route 643. Aye: Councilmembers Bos, Curry, Raney, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-120 _ RESOLUTION - MAKING AN APPROPRIATION FOR FAA 50TH ANNIVERSARY AIR SHOW SHUTTLE BUSES On a motion by Mr. Tolbert and seconded by Mr. Williams, the following resolution was proposed and adopted: MINUTES OF THE JUNE 11, 1986 MEETING 2.4 1 WHEREAS, the FAA 50th Anniversary Celebration air show activities will attract many visitors to Leesburg that may have difficulty driving into downtown Leesburg; and WHEREAS, the Downtown Business Association has requested that the town assist with funding for shuttle buses to help transport visitors into the downtown area; and WHEREAS, Council has reviewed the shuttle bus routes and associated transportation plans and believes that the shuttle buses will be a worth- while service for Leesburg businesses: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made to the General Fund, Account No. 1101.300. 010.200, Contractual Services, in the amount of $360 for the fiscal year ending June 30, 1986. VJ Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila CO Nay: Councilmember Curry NEW BUSINESS Q 86-121 - RESOLUTION - AUTHORIZING A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES TO PREPARE A PARKING DEMAND/DEFICIT ANALYSIS AND PARKING STRUCTURE FEASIBILITY REPORT On a motion by Mr. Williams and seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: ' WHEREAS, the adopted budget for FY 1986 includes funds for consultant services to provide information to the Council regarding the feasibility of a downtown parking structure; and WHEREAS, the manager has prepared a Request for Proposal for a parking consultant: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to publish a Request for Proposal for consultant services to prepare a parking demand/deficit analysis and parking structure feasibility report. Mr. Minor detailed some changes that were made in the Request for Proposal and after discussion by the Council, the vote was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-122 - RESOLUTION - AUTHORIZING A CONTRACT WITH CAMP, DRESSER AND McKEE FOR DESIGN OF THE ROUTE 643 WATERLINE PROJECT On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and adopted: WHEREAS, the Town of Leesburg has entered into agreements with the County of Loudoun, Richlynn Development and Brownell, Inc. for the construction and joint financing of a sixteen inch waterline extension along Route 643 to the southern corporate limits; and WHEREAS, a Request for Proposal was issued by the Department of Engineering and Public Works for proposals to design this facility pursuant to the competitive negotiation procedures of Section 8.3 of Leesburg Purchasing Policies; and 242 MINUTES OF THE JUNE 11, 1986 MEETING WHEREAS, the review committee, including Councilmember John W. Tolbert, Jr., ranked the proposal from CDM first among nine received based on the review criteria and interviews with the two top ranked firms; and WHEREAS, successful negotiations were conducted with CDM which resulted in a professional fee below the engineer's estimate; and WHEREAS, it is necessary and in the public interest to expedite construction of the waterline to meet the town's contractual obligations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to execute a contract on behalf of the town with Camp, Dresser and MrKee not to exceed $63,000 for the surveying, engineering design and construction administration services in connection with the construction of the Route 643 waterline. Director of Engineering and Public Works, Tom Mason reported on the review process and the interviews that took place in arriving at the decision to award this contract to Camp, Dresser and McKee. Mr. Minor stated that the fee is well within the budget and the additional monies are available for easements and legal expenses that will be incurred. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mr. Tolbert and seconded by Mr. Bos the meeting was adjourned at 10:45 p.m. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None Mayor Ar Clerk of /.uncil