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HomeMy Public PortalAbout1986_07_23 28.3 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 23, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on July 23, 1986 at 7:30 p.m. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert and followed with the Salute to the Flag led by the Assistant Town Manager, Stephen Owen. 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 Assistant Town Manager, Steve Owen, Director of Engineering and Public Works, Tom Mason, Director of Finance, Paul York, Principal Planner, Tom Poupard and Town Attorney, George Martin. PETITIONERS Paul Smith, a resident of the Exeter duplexes, had a problem with the twenty foot rear yard easement. He would like to build a deck and was informed that only one foot of his yard was usable under the current setback requirements. He would like to see the process that will change this speeded up. 0) Tom Poupard responded that this is a twenty foot set-back requirement N that is currently being addressed for change. There needs to be an N ordinance amendment to vacate this setback requirement. CO Dean Worcester, a representative of the applicant for ZM-59, stated that some changes in the development plan had arisen and is requesting a postponement of the decision on this rezoning. On a motion by Mr. Williams and seconded by Mr. Kelley, it was recommended that ZM-59 be referred back to the Finance and Administration Committee for further consideration. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None Mayor Sevila read the following proclamation into the record regarding "Safety Belt Month in Leesburg": PROCLAMATION WHEREAS, there are twenty thousand (20,000) fatalities each year among drivers and passengers in the front seats of automobiles in the United States; and WHEREAS, there are two million (2,000,000) injuries each year among drivers and passengers in the front seats of automobiles in the United States; and WHEREAS, there is proof beyond doubt that the use of safety belts reduces the occurrence of these deaths and injuries by approxi- mately one-half; and WHEREAS, traffic accidents and deaths cost American taxpayers, employers, and insurance policy holders tens of billions of dollars each year due to injuries or deaths that could have been prevented by the use of safety belts: NOW, THEREFORE, I, Robert E. Sevila, Mayor of the Town of Leesburg, Virginia, do hereby designate the month of August, 1986 as "SAFETY BELT MONTH IN LEESBURG" and call upon all persons operating automobiles and trucks within the Town of Leesburg to buckle their safety belts at all times and to con- tinue this practice after this month and for all time thereafter. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of Leesburg, Virginia to be affixed this 23rd day of July, nineteen hundred and eighty six. - 284 MINUTES OF THE JULY 23, 1986 MEETING A Certificate of Appreciation was presented to Jason Cohen as follows: "Certificate of Appreciation to Jason Cohen in appreciation for your contri- bution to the betterment of the Town of Leesburg, the Mayor and Town Council hereby award this certificate for two years and three months as a member of the Environmental Advisory Commission, from 1984-1986." Mr. Cohen thanked the Mayor and Council. PUBLIC HEARING - REZONING ZM-71 BY SYDNEY ALBRITTAIN The staff report on this was given by Tom Poupard who reported that draft proffers have been signed. Also staff has received a revised conceptual development plan for this property which shows the revised intersection of Clubhouse Drive and Route 15. Staff has reviewed the proffers in general and agrees on most of the points. This rezoning is located north of Governor's Drive and is an expansion of the existing Sigwick Inn. Approximately 8.4 acres are to be rezoned to Town B-1. The use is being limited to a hotel/motel suite facility. The major concern is how this development, which is near the flood plain, would affect the floodplain and the residences to the south. Leland Mahan, a representative for Mr. Albrittain, stated that this motel was recently purchased and renamed the Westpark. The rezoning from A-3 to B-1 pertains to the 8.427 acres on which the expansion is proposed. The area is designated for commercial use, according to the Planning Department. The applicant has done several things to meet the concerns of the residents to the south of the project. On-site stormwater management control, the location of the 100-year flood plain, moving the building restriction line, limiting the use to 103 motel suites, screening with white pines, and relocating the parking lots are some of several concessions made. The town's concern over the intersection of Clubhouse Drive and Route 15 has also been addressed. Bob Kinsey, a representative of the applicant's engineers, spoke regarding the traffic study for the intersection. They did a more in-depth study on the safety of this area, and he made the results of this study available to members of the Council and the public present. Mr. Bos questioned the stormwater management control and what form it would take. . Mr. Kinsey responded that it had not yet been designed by the engineers. • Mr. Pelkey asked how many stories high this addition would be. Mr. Kinsey stated that it would be three .stories high, or what is currently allowed,under the zoning ordinance height restrictions. David Miller, the resident at 122 Governor's Drive, stated that his comments had previously been submitted to Council in the form of a letter, and that they were quite comprehensive. He went on to state that the traffic increase generated by these units will further increase the dangerous situation which already exists at the intersection of Route 15 and Clubhouse Drive. A long term solution to these problems must be addressed. So far .only temporary solutions are being considered. He quoted Paragraph 49(d) of Section 607.2.4 of the Zoning Ordinance which states that motels should be located in areas where the facility will function as a supportive use to existing industrial, commercial or training facilities. This motel is not located in such an area. He went on to quote traffic requirements which, of course, are not met with this motel location. Further the fact that the proposed addition does encroach on the 100-year flood plain was discussed.. The flood plain studies currently being used are out of date and invalid. Elaine .Cecil, ,of .1001 Tuscarora ,Drive, supported the previous comments made by Dr. Miller. ,He also went on to say that as he had previously stated to Council, the floodplain studies are obsolete. Prior FEMA studies do not even include the developed Country Club residential_area. The validity .of existing information is questionable. Several major storms have exceeded the flood levels for the_Tuscarora Creek watershed. Making flood plain modifications to change the road configurations would be disasterous. Another concern was that of noise and whether it would be MINUTES OF THE JULY 23, 1986 MEETING 285 aggravated by constructing outside balconies. The question of internal vs. external hallways and their impact on noise was also raised. Mr. Bos asked Mr. Cecil to point out the flooded areas in past storms. Benjamin Lawrence, the resident of 905 Tuscarora Drive, had done some research on the owners of the Westpark. He said they have.a very good track record in their other holdings and are native Virginians. Mr. Lawrence has lived in the neighborhood for 22 years. He has witnessed many ' flooding situations in the area, stating that the Route 15 bridge is a major block for the stormwater runoff. He suggested that more openings be made under the roadway. Addressing the Clubhouse Drive intersection, his suggestion was a ramp from the motel area directly onto the Bypass. This should take much of the traffic away from the intersection. Bill Pearl, the resident of 1001 Rollins Drive, spoke in favor of the rezoning. He has been an employee of the hotel for the past twelve years. He stated that the new owner has made many positive improvements, and feels that any improvements that will be made will be for the enhancement of the T area. j (NI' Since there was no further comment from the public on this hearing, . ' the public hearing was closed at this point. l V111 On a motion by Mr. Williams and seconded by Mr. Tolbert, it was CO recommended that this rezoning be referred back to the Finance and Adminis- f Q tration Committee for further consideration. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None I PUBLIC HEARING ON ZM-75 BY C. J. PAYNE The staff report was againgivenby Tom Poupard who explained that this request involved rezoning 5700 square feet of land from R-2 to B-2 to accommodate the use of his bus'ness parking lot. Primary concerns were that the parking lot be used only for Mr. Payne's business and not a public lot, also that there be some screening along the front and finally that the parking lot be paved. Leland Mahan, representative for Mr. and Mrs. Payne, feels that they have offered proffers with the best interest of the neighbors considered. He feels that this will improve the area considerably. Approval of this matter this evening was urged. The Mayor urged the neighboring residents present to air their views. Mrs. Savopoulos stated that she was still concerned about this becoming a public parking lot for the Market Station area. Mrs. Bishop aired the same concerns. Since there was no further public comment the public hearing was closed at this time. On a motion by Mr. Bos and seconded by Mr. Tolbert it was recommended that the ordinance on tonight's agenda regarding this rezoning be considered at this time. , i 86-0-36 - -ORDINANCE - AMENDING THE-ZONING DISTRICT MAP FOR REZONING APPLICATION ZM-75 BY C. J. PAYNE WHEREAS, rezoning application #ZM-75 by C. J., Payne to rezone 5,679.9 squarelfeet of land located near the corner of _South- Harrison Street and East Royal Street from R-2 (residential) to B-2 (general -business) was referred to the Planning Commission by this Council on March 26, 1986; and WHEREAS, the Planning Commission held a public hearing on this application on April 23, 1986; and WHEREAS, the applicant revised the application and proposed certain proffered conditions; and 288 MINUTES OF THE JULY 23, 1986 MEETING WHEREAS, the Planning Commission recommended to Council approval of this application on May 1, 1986, contingent upon certain proffered conditions of the original application; and WHEREAS, on July 23, 1986 this Council held a public hearing on this rezoning application; and WHEREAS, the applicant amended the conditions of the original application and further proffered to permit a less intensive use than originally proposed; and WHEREAS, it is determined that the proposed amendment, as revised, is in the best 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 R-2 to B-2, 5,679.9 square feet of land bounded by South Royal Street on the north, the land of Gould on the south, the land of Savopoulos on the east and the land of Payne on the west, in accordance with a plat prepared by Loudoun Engineering and Surveys and dated October 18, 1966. This rezoning is subject to the following proffered conditions submitted in accordance with Section 15.1-491.2 of the 1950 Code of Virginia, as amended. 1. All uses permitted by Sections 6-1-1 and 6-1-2 of the Leesburg Zoning Ordinance are eliminated with the exception of parking, which shall be allowed to serve the parking requirements for the adjacent pro- perties owned by the applicant, located to the west of the subject property. 2. A six-foot high privacy fence shall be erected along the eastern boundary of the subject property to screen the parking lot. The fence shall be erected to within 25-feet of the Royal Street right- of-way. The fence shall be constructed by December 23, 1986. 3. The parking lot will be for exclusive use of the employees and customers of the businesses located on the properties owned by the applicant to the west of the subject property. 4. The parking lot shall be paved on or before December 23, 1986. 5. The applicant agrees to restrict nighttime parking on the subject property by controlling access to the lot by fencing, chaining, and/ or landscaping. These improvements shall be installed in a fashion agreeable to the Town and the applicant. SECTION II. This ordinance shall be in effect upon its passage. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert,' Williams and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Bos commented favorably on the recent Museum dinner and program. He felt this was a positive way of keeping everyone informed of museum events. The Board of Architectural Review met last evening with two new members sitting with the Board. Several signs and building additions were reviewed and approved. The Ballenger and LaRock application for a seven unit apartment building was, however, denied by the Board. Mr. Pelkey reported on the recent Airport Commission meeting at which new officers were elected. Carl Gregg was elected as Chairman, Stanley Caulkins as Vice-Chairman and Steve Owen as secretary. The airport project is well underway. Mr. Leckey of Professional Pilot Services, requested permission to fuel his planes from his own fuel truck. This was denied. The State Aviation Conference is coming up soon at the Renaissance Hotel. MTNUTES OF THE JULY 23, 1986 MEETING 87 Mr. Curry reported on recent Planning Commission action. The one item approved was the subdivision of the Heider property. This was in two parcels, one for the Poretsky development and the other the three acres to be maintained by the Heiders as a nursery. The Commission is reviewing the amendments to the landscape ordinance and the parking ordinance. Mr. Tolbert met with the Environmental Advisory Commission. The Commission would like to have a more direct role in ordinances and resolutions. There was a discussion about providing extra dumpsters at the Loudoun House development. Also, maintenance of trees and landscaping and 111 having more defined legislation pertaining to them was brought up. The upgrading of the Carrvale wall is being undertaken. Mayor Sevila reminded everyone that the State Little League Tourn- ament will begin next week. He urged everyone to support this event. He had a discussion with a citizen who asked that the town be aware of proposed development in Lucketts and its effect on the Potomac River water supply. The Mayor attended the Cable Commission meeting last week T and reported that Prime Cable is doing well, there was an increase of 23 lJJ subscribers over the past month bringing the total to 2,411 paid subscrib- N ers. They are preparing to hook up the motels in the town. N 1 . 1 MANAGER'S REPORT CO The manager's report was given by Assistant Town Manager, Steve Owen, Q who stated that recruitment for various positions is continuing and that some decisions will be forthcoming in the very near future. Officer Chris Jones will be attending the first annual Neighborhood Watch Conference in Richmond on August 7. The south end lease at the Airport is being handled by the town at the moment since the Blue Ridge lease expired at the end of June. There was a five minute recess at this point. The Mayor called the meeting back to order at approximately 9:35 p.m. LEGISLATION On a motion by Mr. Kelley and seconded by Mr. Bos, it was recommended that the following ordinances and resolutions be adopted as consent items: 86-0-37 - ORDINANCE - AMENDING SECTION 20-3 OF THE TOWN CODE REGARDING DISCHARGING FIREARMS WHEREAS, Sec. 20-3 of the Town Code prohibits discharging firearms without the approval of the town manager; and WHEREAS, Sec. 20-4 prohibits discharging arrows and other projectiles from bows, air guns, cross-bows, slingshots, and similar instruments; and WHEREAS, this Council desires to allow the discharging of air guns, bows and cross-bows in controlled and safely managed indoor shooting ranges: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sections 20-3 and 20-4 of the Leesburg Town Code are repealed and replaced by new Sections 20-3 and 20-4 to read as follows: Section 20-3. Discharging Firearms. No person shall discharge any gun, pistol or other firearm within the municipality, with the exception of any law enforcement officer in the performance of his or her official duties or any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law or approved by the municipal manager. 288 MINUTES OF THE JULY 23, 1986 MEETING Section 20-4. Discharging slingshots, air guns, arrows, etc. No person shall discharge or use any.slingshot, slung, gravel. shooter, air gun, BB gun, pellet gun, bow, cross-bow or similar implement unless • specifically approved by the municipal manager. SECTION II. This ordinance shall be in effect upon its passage. 86-153 - RESOLUTION - ADOPTING A MINORITY AND WOMEN BUSINESS ENTERPRISE PLAN FOR FAA FUNDED PROJECTS AT. LEESBURG MUNICIPAL AIRPORT WHEREAS, the Town of Leesburg has made application to the Federal Aviation Administration (FAA) for financial assistance to extend the north runway at Leesburg Municipal Airport; and WHEREAS, the Town wishes to.comply with Federal regulations regarding increased participation by minority and women business enterprises__in Federally assisted contracts: .. THEREFORE, RESOLVED by the Councilof the Town of Leesburg in Virginia as follows: SECTION I. The following is the Minority and Women Business Enterprise plan for Leesburg Municipal Airport: � . . LEESBURG MUNICIPAL AIRPORT MINORITY AND WOMEN BUSINESS ENTERPRISE PLAN 1. Policy Statement It is the policy of this organization to utilize Minority and Women Business Enterprise in all aspects of contracting. This commitment can be demonstrated by the efforts taken in the devel- opment of this plan and in our local contracting procedures which have been developed, as well as in our existing working relation- ship with the Virginia State Office, of Minority Business Enterprise. The Town of Leesburg takes the MBE/WBE responsibility seriously and will endeavor to comply with all aspects of this plan. 2. Liaison. Officers - The following person has been assigned the responsibility to develop, manage and implement the Minority and Women Business Enterprise program: Lynda Kemp, Administrative Assistant-Personnel (703) 777-2420. 3. Minority Business Enterprise Directory. An up-to-date MBE/WBE directory is available from the Virginia Office of Minority Business Enterprises and the Omega Group. All bidders and proposers will be referred-to these organizations for MBE/WBE listings upon request. Certification of these MBE/WBEs will be done on a case-by-case basis. 4. Determination of Eligibility. A written certification from the MBE/WBE itself will be required ' stating that it is a legitimate minority or women business or joint venture. 5. Minority and Women Enterprise Goals. A percentage of dollar goals on each airport improvement program project will be established. These goals will apply for both prime and subcontractors at the airport. For the pending Federal project, that percentage follows: - Minority Female 10% 2% MINUTES OF THE JULY 23, 1986 MEETING 289 The percentage of dollar goals above are a result of an analysis of the number of MBEs available and the contracting potential identified. Since our proposed AIP project involves rather specialized pavement construction, the goals for minority and female participation may be ambitious. However, we will request the assistance of the following organizations in endeavoring to meet our goals, in addition to our normal procedures detailed in Item 6. o State Office of Minority Business Enterprises Virginia State University Box 00 Petersburg, VA 23803 o Omega Group Curtis M. McMeekin, Project Director Suite 320 555 4th Street, NW Washington, DC 20001 O) c The following goals have been established for lease opportunities (Ni on the airport: l� Minority Female CO 5% 5% Q 6. Procedures to Ensure an Opportunity to MBE/WBE. The following procedures will be utilized in our efforts to obtain Minority and Women Business Enterprise participation: o Invitations to MBE/WBEs to attend prebid meetings. 111o Advertise 20 days before bids or proposals are requested. o Provide written notice to MBE/WBEs that their interest is solicited. o Maintain a list of MBE/WBEs to be contacted. o Provide MBE/WBEs with information on plans and specifications. 7. Compliance Requirements. The contract goals determined for this project will be provided to that prime contractor. A requirement of the contract agreement will be that EVERY EFFORT will be utilized to meet the contract goal. 8. Effective Dates. The Federal Grant for this project will be issued during FY 86-87. Therefore, this MBE/WBE plan will be effective from September 1986 through September, 1987. SECTION II. This Minority and Women Business Enterprise Plan for Leesburg, Municipal Airport shall be automatically repealed at the time FAA regulations no longer require a specific program for minority and women business enterprise participation in federally assisted contracts. 86-154 - RESOLUTION - INITIATING AN AMENDMENT TO THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE CONCERNING VARIANCES WHEREAS, Section 15.1-466B of the 1950 Code of Virginia, as amended, provides that a subdivision ordinance may include provisions for variations in the general regulations of the ordinance in cases of unusual situations or when strict adherence to the general regulations would result in sub- stantial injustice or hardship; and WHEREAS, an amendment of the variance provision contained within the Leesburg Subdivision and Land Development Ordinance is necessary in order to more closely parallel the State enabling legislation and to provide further guidance regarding appropriate variances: 290 MINUTES OF THE JULY 23, 1986 MEETING THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Subdivision and Land Development Ordinance is initiated to revise Section 13-91 to read as follows: Section 13-91. Variances. Commission(a) Upon application by a subdivider or developer, the may authorize a variance in the substantive regulations contained in Divisions 4 and 5 of this Article when it finds that a variance is warranted due to an unusual situation or when strict adherence to the general regulations would result in substantial injustice or hardship. (b) No variance shall be granted by the Commission unless the applicant can demonstrate to the satisfaction of the Commission that: (1) The variance is consistent with the Town Plan and the purpose and intent of this Article, it will not be of substantial detriment to adjacent property, and the situation is not of so general or recurring a nature as to make it reasonably pract- 1 icable and desirable to address the situation through an amendment of the regulations. (2) The resulting public improvements are designed and con- structed in accordance with engineering standards acceptable to the Director of Engineering. (3) Any variance in public street requirements is reasonable in relation to ultimate projected traffic generation in the project area and will not result in public street sections that are ineligible for Virginia Department of Highways and Transportation maintenance payments. (4) Any variance in sidewalk standards is justified because 'other adequate provisionshave or are proposed to be made for pedestrian traffic. (c) No variance granted pursuant to this section shall relieve the obligation of the subdivider-ordeveloper to comply'with any other applicable local or state regulations. (d) In authorizing a variance the Commission may impose such conditions regarding the location, character and other features of the proposed subdivision or development as it may deem necessary in the public interest, and may require a guarantee or bond to insure compliance with the conditions imposed'. (e) Applications for variances may be made by any subdivider or developer. Such application shall be made to the Land Development Official prior to submittal of a final plat or final development plan for the subject property. Once the application has been determined to be complete by the Land Development Official, the application and accompanying maps, plans or other information shall be transmitted promptly to the Commission for consideration and action. The Official shall also transmit a copy of the application to the Council. SECTION II. The Planning Commission shall conduct a public hearing as soon as permitted by law and report its recommendation on the proposed amendment to the Town Council within 60 days of the adoption of this resolution. 86-155 - RESOLUTION - AUTHORIZING' AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR THE WARD COMPONENT PLANT DEVELOPMENT PLAN RESOLVED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF THE JULY 23, 1986 MEETING 2 91'= SECTION I. The manager is authorized to execute on behalf of the Town an agreement (Form PC-2) with Richard E. Ward of Rockville, Maryland, for installation of public improvements shown on the plans approved by the Director of Engineering for the Ward Component Plant Development Plan. SECTION II. The extension of municipal water and sewer works for the Ward Component Plant Development Plan is approved in accordance with Section 15-9 and 19-18 of the Town Code. I SECITON III. An irrevocable bank letter of credit in a form approved by the town attorney from the Enterprise Bank of Falls Church, Virginia, in the amount of $254,000 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for the Ward Component Plant Development Plan. 86-156 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR TUDOR KNOLLS, PHASE I T WHEREAS, the developer of Tudor Knolls, Phase I- agreed to bond the 0) swimming pool and tennis court in order to assure the Town Council that the (N.1 I1 recreational amenities for this project would be completed;- and IVWHEREAS, these improvements have been completed and the developer has I Lu requested a reduction in the letter of credit for this project: I' CO I Q THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Fairfax Savings Bank originally in the amount of $478,902 is reduced to $308,902. SECTION II. The Land Development Official shall notify the developer 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 Tudor Knolls, Phase I. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams, and Mayor Sevila Nay: None 86-157 - RESOLUTION - AUTHORIZING A CONTRACT WITH WILBUR SMITH AND ASSOCIATES, INCORPORATED On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, the Town of Leesburg received proposals on July 2, 1986 from transportation/traffic engineering professionals to perform a downtown parking demand/deficiency analysis and parking structure feasibility report; and WHEREAS, the review committee interviewed three of the highest ranking j firms in accordance with Section 8.3 of the• Purchasing Regulations; and WHEREAS, the review committee ranks Wilbur Smith Associates, Inc. as the highest rated firm and has concluded contract negotiations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The- manager is authorized and directed to enter into a contract, on behalf of the town, with Wilbur Smith and Associates, Inc. in an amount not to exceed $17,000 for a downtown parking demand/deficiency analysis and parking structure feasibility report, including on-site turnover and occupancy field surveys and patron interviews. 292 MINUTES OF THE JULY 23, 1896 MEETING After some discussion during which Mr. Kelley explained the review process the vote on this resolution was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-158 - RESOLUTION - APPROVING THE FINAL DEVELOPMENT PLAN FOR POTOMAC CROSSING, SECTION I On a motion by Mr. Tolbert and seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: WHEREAS, the Town Council has authority to approve final development plansfor all or part of a planned development submitted under Section 7B(5) (f) of the Leesburg Planned Development Regulations; and WHEREAS, the preliminary development plan for the Potomac Crossing Planned Residential Community was approved by Ordinance Number 96-0-19 on April 9, 1986; and WHEREAS, the final development plan for Potomac Crossing, Section 1, which includes single-family homes and townhouses in the western portion of the development was recommended to Council for approval by the Planning Commission on June 5, 1986; and WHEREAS, this final development plan meets the requirements of Section 7B-11 and 7B-12 of the Planned Development Regulations and Section 13-61 of the Subdivision and Land Development Regulations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The final development plan for Potomac Crossing, Section I, as submitted May 22, 1986, is conditionally approved subject to the following corrections and additions, which have been agreed to by the applicant: 1. Lots 105 and 106 shall be moved from North Balls Bluff Road to Jennifer Court. 2. All temporary dead-end streets shall include a temporary turn- around paved and constructed in accordance with town standards. 3. Balls Bluff Parkway shall be designed and bonded for construc- tion as a four-lane section throughout Section I. 4. Additional documentation of downstream stormwater impacts from the proposed subdivision shall be provided to the satisfaction of the Director of Engineering prior to submittal of the final plat for this section. 5. The proposed 32-foot street sections shall be changed to 36 feet or, as a secondary alternative, the final plat shall clearly indicate no parking on one side of these streets and shall 'acknowledge the developer's responsibility to sign the streets accordingly. 6. Where required public utility easements must encroach upon rear • lot lines, the final plat shall denote a prohibition of structures or fences within the easements, and such prohibition shall also be included within the deed covenants for all affected lots. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None MINUTES OF THE JULY 23, 1986 MEETING 293 86-159 - RESOLUTION - AUTHORIZING A CONTRACT WITH PIEDMONT PETROLEUM FOR THE PROCUREMENT OF PETROLEUM PRODUCTS On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, on June 27, 1986, bids were received from petroleum products vendors to supply the town with #2 fuel oil, #2 diesel fuel, regular gasoline and unleaded gasoline; and WHEREAS, of the bids received, Piedmont Petroleum was the lowest responsible bidder: 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 Piedmont Petroleum to supply the town with petroleum products from August CO 1, 1986 to July 31, 1987. ! rn . i n I SECTION II. - The contract provides for a one-year -renewal at the . l V^ , option of the town upon expiration of the one-year contract on July 31, C\1.±.1 V� 1987. C0 Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams Q and Mayor Sevila Nay: None 86-160 - RESOLUTION - AUTHORIZING A CONTRACT WITH BLACKBURN CLEANING SERVICE TO PROVIDE THE TOWN WITH JANITORIAL SERVICES On a motion by Mr. Williams and seconded by Mr. Bos, the following II resolution was proposed and unanimously adopted: WHEREAS, bids were solicited to provide janitorial services for the Town of Leesburg and the lowest bid submitted was from Blackburn Cleaning Service: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to enter into a contract -with Blackburn Cleaning Service for janitorial services as described in the request for bids dated July 9, 1986 at a total monthly cost of $1,900.00. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-161 - RESOLUTION - MAKING AN APPROPRIATION FOR ELECTRICITY AND TELEPHONE SERVICE FOR THE WATER POLLUTION CONTROL DIVISION BUDGET FOR FY 1987 On a motion by Mr. Kelley and seconded by Mr. Williams the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An appropriation of $55,800 is authorized for Utility Fund Account 300.3140.510.010, Electricity, for the fiscal year ending June 30, 1987. SECTION II. An appropriation of $2,200 is authorized for Utility Fund Account 300.3140.520.010, Telephone, for the fiscal year ending July 30, 1987. 294 MINUTES OF THE JULY 23, 1986 MEETING Aye: .Councilmembers Bos, Curry, Kelley, Pelkey Tolbert, Williams and.Mayor Sevila . Nay: None NEW BUSINESS 86-0-38 - ORDINANCE - AMENDING SECTION 12-19 OF THE TOWN CODE On a motion by Mr. Williams and seconded by Mr. Kelley, the following ordinance was proposed and unanimously adopted: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12-19 of the Town Code is amended to read as follows: Section 12-19. Fee. The fee for such license shall be that prescribed in Section 17-68 of this Code. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None The issue of repeat yard sales at the same location was addressed by Mr. Pelkey and it was recommended that this be investigated further to determine if there is a conflict with licensing procedures. On a motion of Mr. Tolbert and seconded by Mr. Bos, Council voted to go into executive session to discuss personnel matters. Section 2.1-344(a)(1) of the 1950 Code of Virginia, as amended (Freedom of Information Act) permits the Council to discuss such matters in executive session. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None Council reconvened with no action taken. It was duly moved and seconded to adjourn the meeting. Mayor Clerk of Ctncil