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HomeMy Public PortalAbout1986_10_22 35.i MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 22, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on October 22, 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 Councilmember Brian Kelley. Present were Mayor Robert E. Sevila, Council- members Charles Bos, Arl Curry, Brian Kelley, Jerry Pelkey, John Tolbert, Jr., and Charles Williams. Staff members present were Town Manager, Jeffrey Minor, Director of Engineering and Public Works, Tom Mason, Director of Finance, Paul York, Director of Planning, Zoning and Develop- ment, Martha Mason-Semmes and Deputy Town Attorney, Debbie Welsh. Prior to going into the regular agenda, Howard Willis of the Leesburg Volunteer Fire Department came forward to ask the Councilmembers and members of the public present'i to view the restored fire engine which the town jointly purchased with the county and the fire department in 1929. On a motion by John Tolbert and seconded by Charles Williams it was recommended that the minutes of the May 14, 1986 and May 28, 1986 meetings 0) be approved as submitted. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams Nand Mayor Sevila N Nay: None Q PUBLIC HEARING ON REZONING APPLICATION #ZM-81 BY VIRGINIA POWER FOR THE PROPERTY OF DONALD E. NELSON This is a joint public hearing with the Planning Commission and the Chairman of that Commission indicated that there was a quorum present. The Mayor briefly welcomed new Planning Commission member, John Groschan. The staff report on this rezoning was presented by Martha Mason-Semmes as follows: This application is being presented to make changes to two proffers on the Nelson tract rezoning. The property is located on the east side of Route 643 just north of the airport. The proffers affected are: that proffer #6 be deleted in its entirety. This proffer indicates that adequate right of way suitable to the Director of Engineering shall be dedicated to allow for the provision of future public road access from this property to the Santmyer property. The second proffer to be amended was #5 which stated that direct access from Sycolin Road to this property shall be limited to a single entrance located near the center of the property. They would like this proffer amended to read that access from Sycolin Road to this property will be limited to a single entrance. This proffer was designed to maintain at least 800 feet between intersections on Sycolin Road. The developer has determined that an entrance located more to the south would be more feasible. Staff recommends that these proffer amend- ments be approved. Roy Harrison, a representative of Virginia Power and project engineer for this project, went over the proffer amendments for the Council and members of the public. Using the map, he pointed out the changes that are proposed and cited safety as the major reason for the relocation of the entrance. He also stated that the microwave pole will be there, it will be 85 feet high and will be screened by the natural tree growth of the area. Mr. Curry had a question regarding the entrance to Sycolin Road -from the Stowers' Tract development. Martha Semmes pointed out the location and stated that it fell within the 600 foot requirement for spacing of entrances to a four lane highway. Tom Nalls, representative of the contract owner of the Santmyer property, expressed concern that the amendment of proffer No. 6 would eliminate the access from the Santmyer property to Sycolin Road. Sketch plans have been submitted for development of this tract including locations for their access. The southern piece of property is currently owned by Bruce Brownell, who intends to sell it to Virginia Power for their access. In granting the amendment of proffer No. 6, he asked that the access right be contingent upon the dedication occurring at the southern end of the property. 3 5 2 MINUTES OF THE OCTOBER 22, 1986 MEETING Since there were no more representatives from the public who wished to address this rezoning, the public hearing on ZM-81 was closed at this time and referred to Council for their comments. On a motion by Mr. Bos and seconded by Mr. Williams it was recommended that ZM-81 be referred to the Finance and Administration Committee meeting scheduled for November 18, 1986, for further consideration. Also, it will be referred to the Planning Commission for their recommendation. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None PUBLIC HEARING ON SPECIAL EXCEPTION #86-6, LEESBURG GATEWAY Mr. Minor gave a brief presentation on this special exception, summarizing that basically this involves 347 apartment units on Lot 10 within Leesburg Gateway. This lot is about 15.8 acres which borders the bypass, Sycolin Road and Davis Avenue. The major concern is the overall density of the Gateway tract. There will be varied development within this tract and addressing separate rezoning applications' for all of it must be carefully considered. Staff feels that apartment use for Lot 10 is appropriate and is pleased with the Lokey attractive facility that is • planned for the area. At this point Mayor Sevila excused himself from any consideration in this special exception application and asked that Vice Mayor Charles Williams chair the hearing on this. Terry Titus,a representative of the applicant, presented some back- ground information on the special exception request. In late August this plan was presented to the Town. It highlighted the areas that are planned for apartment development. The buyer of Lot 10 is now at the point where he wants to begin the development. He is present and will address .the ; Council. The overall density for this area is 316 apartment units. Although the zoning allows this, the owner has reduced,the density of the area. The developer intends to build 200 one-bedroom units and 116-two bedroom units. Approximately 110,000 square feet have been set aside for recreational purposes, an increase of 30,000 square feet over the requirement. Key access to the property will be the extension of Harrison Street to Route 643. The product to be provided is an upscale, moderate income product. Kenneth Lokey, President and owner of Lokey Properties, the developer of this portion of Gateway, presented some background on Lokey Properties. He stated that their apartment developments range from 250 to 350 units. They basically operate in the southeast but have recently begun a project in New England. The company basically looks for areas where young professionals can live in a health oriented atmosphere and enjoy apartment living with amenities. Fifty three percent of the land area is left as open space. Mr. Lokey offered brochures to residents adjacent to the Gateway development area so that they could see first hand the type of apartments that are proposed for the area. There will be a clubhouse and swimming pool including an indoor and outdoor jacuzzi. An exercise room and raquetball court are also proposed. The building will be approximately 6,000 square feet and will also house the leasing and management office. Rental rates range from $470 to $735 per month. The apartments vary in size from 486 to 1110 square feet with the average being 700 square feet in size. Mr. Williams asked how long these projects typically remain apartments before they are converted to condos. Mr. Lokey stated that they had never converted one of their projects, but that the standard is about 10 to 15 years as apartments. Mr. Williams further asked how the composition of tenants is projected. Mr. Lokey responded that it would be attractive to young professionals, married and unmarried, typically without children. Tracy Cross, resident of 619 York Lane, and a representative of the development task force committee for Silver Oaks homeowner's association, MINUTES OF THE OCTOBER 22, 1986 MEETING 353 read a statement prepared by this committee. Their concerns include traffic, especially in the Silver Oaks subdivision where there is already an existing problem with people failing to slow their vehicles appropriately for the number of children in the subdivision. The committee is also concerned with the timeframe for the cul-de-sac - on Sycolin Road. The committee also requested that the town require all roads to be completed and ap- proved before occupancy of the apartments and lastly aired concern over parking. At least two parking spaces per apartment should be allotted. Another concern is the hill area and the type of vegetation proposed for it. If this is not properly landscaped, it will be a definite eyesore. Charles Smith,president of the Virginia Knolls homeowner's associa- tion, stated that he was impressed with the proposed apartment complex, but also had concerns of how traffic will impact the present Brandon townhouse development. He also wanted to make sure that the appearance of the project is not contingent on the special exception, and had some parking concerns. T Fred Hetzel, partial owner of this project, addressed some of the CD questions raised by Mr. Smith and Ms. Cross. The traffic pattern is being N addressed as carefully as possible, both during the construction phase and N the final phase of the area. Several improvements to Sycolin Road and W Rockbridge Drive have already been implemented by the developer. The hill CO area will be designed and engineered very carefully to provide an Q aesthetically pleasing buffer. The Harrison Street traffic is a great concern to the developer. Several studies have been completed on this and , the land use in specific areas of the development will impact this concern. Since there were no further comments from the public, the public hearing was closed at this point and referred to the Council for comment. IOn a motion by Brian Kelley and seconded by Jerry Pelkey, it was t recommended that this special exception be referred to the Finance and Administration Committee scheduled for November 4, 1986 for further consideration. ! Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None i There was a five minute recess at this point. The meeting was called back to order by Mayor Sevila, who introduced Patricia Elsea of the Downtown Business Association who wished to give a report on the status of First Night Leesburg. 1 Patricia Elsea of the Downtown Business Association and chairperson for the new event, First Night Leesburg, to be held on New Year's Eve, thanked the Council for their support of this project. There will be 1 ongoing events all over downtown Leesburg such as music, dancing, juggling, . etc. She did request that the downtown area be closed off as it is during August Court Days and also asked to use of the Town Council Chambers for an activity that evening. Mr. Minor suggested that the traffic situation be addressed at the next Utility and Public Works Committee meeting. COUNCILMEMBER COMMENTS Mr. Bos remarked that many Downtown Business Association members have put a lot of time into the First Night Leesburg project. The Board of Architectural Review met last Monday and considered four applications for building alterations, two of which passed, and one of which was not considered as an appropriate alteration for the historic district, and passed four sign applications. He attended a Planning Commissioner's Conference in Natural Bridge a week and a half ago. Mr. Bos stated that this was an excellent opportunity for Commissioner's to gain first hand information that could be helpful in their job execution. Mr. Williams asked Mr. Bos if the street lights had been repaired yet in the King Street, Market Street area. Mr. Bos stated that two had not 354 MINUTES OF THE OCTOBER 22, 1986 MEETING yet been repaired. The Parks and Recreation Committee met last week and basically still is in the process of analyzing the survey results compiled recently. Generally the order of priorities of the citizens has been recognized and it will now be the responsibility of this Committee to address these priorities. Mr. Pelkey reported that the Airport Commission met on the 9th of October and discussed the microwave pole at the Virginia Power tract. Since the height of the pole has been reduced, it is not the concern that it initially was. The south end lease was also discussed. Mr. Curry attended last Thursday's Planning Commission meeting, at which they considered rezoning ZM-78, Market Square Associates, for the old stockyard area. The Planning Commission approved this rezoning and also a special exception relating to it. Mayor Sevila announced that there would be a public hearing held by the Virginia Department of Highways and Transportation on November 13 at the Fairfax City Hall. This will address the .allocation of, funds for the primary and urban systems in Northern Virginia. He asked if Council. would adopt .some .formal comments to be presented at this public hearing. Regarding the Cable Commission meeting, he received word that there will be an increase in the basic rate from $10.44 to $12.45 per month. Beginning January 1 there will be two new channels available. Mayor Sevila then read a letter from the Governor. regarding the Commission on road improvements within the state. MANAGER'S REPORT A written Activity Report was received by Council on Monday and the Town Manager opened the floor to any questions regarding the report. There were no questions and the meeting continued on to Legislation. LEGISLATION On a motion by Mr. Kelley and seconded by Mr. Tolbert, it was recommended that the following ordinances and resolutions be adopted as consent items: 86-0-47 - ORDINANCE - AMENDING .CHAPTER 12.1, ARTICLE 21 OF THE TOWN CODE (ARTICLE 21 OF THE PERSONNEL MANUAL) TO COMPLY WITH STATE GRIEVANCE PROCEDURE POLICIES ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-53(a) is amended as follows: Sec. 12.1-53. Intent and Application (a) For the purposes of this grievance procedure, a grievance shall be construed as a complaint or dispute by an employee relating to his or her employment, including, but not necessarily limited to: (1) disciplin- ary actions involving dismissals, demotions, and suspensions provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance; (2) concerns regarding the application, meaning or interpretation of these personnel policies, procedures, rules, regulations, ordinances and statutes; (3) acts of reprisal as the result of utilization of the grievance procedure or participation in the grievance of another town employee; (4) complaints of discrimination on the basis of race, color, creed, sex, handicap, age, national origin or political affiliation; and (5) reprisal on the part of the town as a result of an employee's participation in the grievance of another employee. SECTION II. Section 12.1-55(d) (2) is amended to read as follows: MINUTES OF THE OCTOBER 22, 1986 MEETING 355 (d) Powers (1) The panel is vested with the responsibility and authority to interpret the application of these rules as they relate to each specific case before them. However, it is not empowered to change said rules. (2) The majority decision of the panel shall be final and binding in all of its determinations and shall be consistent with the provisions of law and written policies. The manager shall enforce all decisions of the panel and the grievant may petition the circuit court for implementation of the panel's decision if the manager fails to act on the panel's decision. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall be in effect passage. upon its e. P P 4 0) 86-0-48 - ORDINANCE - RENAMING BRAXTON COURT WITHIN THE EXETER II N CLUSTER SUBDIVISION TO FORBES COURT, N.E. N W WHEREAS, the street named Braxton Court within the Exeter II Cluster ry:1 Subdivision duplicates a street name elsewhere in Loudoun County, which may cause a problem in the delivery of fire and rescue services; and WHEREAS, it is in the public interest to rename this street effective January 1, 1987, to avoid legal problems with house sales on the street: ORDAINED by the Council of the town of Leesburg in Virginia as follows: SECTION I. Braxton Court within the Exeter II Cluster Subdivision is ' renamed Forbes Court. SECTION II. This ordinance shall be in effect January 1, 1987. " ad 6 86-221 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF CHARLES B. DELASHMUTT AND ANN ENGLE FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING PURSUANT TO CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Charles B. DeLashmutt and Ann Engle for revision of the zoning district map, assigned No. ZM-82 to rezone 7.59 acres of land from County R-1 and Town R-2 to County PD-CH, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia as amended. 86-221 - RESOLUTION - AUTHORIZING A TWO-YEAR LEASE EXTENSION FOR THE POLICE DEPARTMENT'S SUBSTATION WHEREAS, the Town of Leesburg's lease of Unit 5, Building 1 of the Leesburg Square Condominiums, dated December 6, 1983, expires on January 31, 1987; and WHEREAS, this lease provides for a two-year renewal option subject to written notice three months prior to the expiration of the original term; and WHEREAS, this facility adequately serves the public safety needs of the citizens of Leesburg at a reasonable cost: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 356 MINUTES OF THE OCTOBER 22, 1986 MEETING • The manager is authorized and directed to notify the owner of Unit 5, Building 1 of Leesburg Square Condominiums that the Town of Leesburg shall exercise its option for lease of the police substation for an additional two-year period pursuant to Paragraph 2 of the lease by and between F&B Joint Venture and the Town of Leesburg dated December 6, 1983. 86-222 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO PURCHASE A TRACTOR AND A GARDEN TRACTOR WHEREAS, bids were requested for the purchase of a tractor and a garden tractor; and WHEREAS, the lowest and best bid was by Whitmore & Arnold of Purcellville, Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall purchase a tractor and a garden tractor from Whitmore & Arnold of Purcellville, Virginia for an amount not to exceed $15,389.00. 86-223 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO PURCHASE A DUMP TRUCK, TWO ONE-HALF TON PICK-UP TRUCKS AND A COMPACT • TRUCK WHEREAS, bids were requested for the purchase of a dump truck, two one-half ton pick-up trucks and a compact truck; and WHEREAS, the lowest and best bid was by Leesburg Ford of Leesburg, Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall purchase a dump truck, two one-half ton pick-up trucks and a compact truck from Leesburg Ford of Leesburg, Virginia for an amount not to exceed $62,098.60. 86-224 - RESOLUTIONS- MAKING AN APPROPRIATION FOR THE PROCUREMENT OF FILING CABINETS WHEREAS, the town is responsible for maintaining property files on all properties located within the town limits; and WHEREAS, the present filing system is insufficient to accommodate additional files required to maintain this system on a current basis: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the General Fund unappropriated balance of $1,400 to Account No. 200.8101.700.020, Office Equipment, for the fiscal year ending June 30, 1987, for the purchase of two lateral file cabinets. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-0-49 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING LANDSCAPING, SCREENING, AND OPEN SPACE REGULATIONS On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following ordinance was proposed and adopted: WHEREAS, an amendment of the Leesburg Zoning Ordinance to establish new landscaping, screening, and open space regulations within the Leesburg corporate limits was initiated by Council on June 11, 1986; and 357 MINUTES OF THE OCTOBER 22, 1986 MEETING WHEREAS, the Leesburg Planning Commission held a public hearing on these proposed regulations on August 7, 1986; and WHEREAS, the Planning Commission recommended adoption of these regulations on August 7, 1986; and WHEREAS, the Council held a public hearing on these regulations on September 24, 1986; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the adoption of consolidated and revised landscaping, screening and open space regulations to apply within the corporate limits of Leesburg: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: T SECTION I. The Leeburg Zoning Ordinance is hereby amended by adopting 0) a revised Article 9A: Landscaping, Screening and Open Space Regulations as N contained in the text under this title submitted to Council October 17, N 1986 subject to an amendment of Section 9A-6. WSECTION II. The prior Article 9A of the Leesburg Zoning Ordinance, COW Article 7, Section 700.5.6.1(g) of the Loudoun County Zoning Ordinance, as Q adopted and administered by the Town of Leesburg in the annexation area, and all other prior ordinances in conflict herewith are hereby repealed. SECTION. III. Severability. If any provision of this Article is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the Article as a whole or of any remaining provision of the Article. SECTION IV. This ordinance shall be in effect upon its passage. Mr. Curry questioned the fact that these new regulations would require a certain amount of landscaping in R-1 and R-2 districts, single family residential, and he felt that most homeowner's do their own individual landscaping and should not be required to do it to conform to a regulation. He would like to see the R-1 and R-2 requirement removed. Mr. Bos thought that this should be passed on a trial basis for a year and if after that time it causes problems for developers or homeowners then it should be revised. He felt that the R-1 and R-2 requirement should be left intact. Mr. Pelkey said that he agreed with Mr. Curry that this should be removed as it would be a counterproductive requirement. He stated that most people buying homes in Leesburg are willing to, and do provide adequate landscaping. Martha Semmes was asked to state the purpose for this regulation. She said that it was enacted to provide trees along public rights-of-way. Tree lined streets are an amenity and are worth at least a trial period. This would assure that trees are planted properly and that the proper species of tree is- chosen. • Mr. Williams suggested that this be referred back to committee for further consideration. It was stated that this was becoming somewhat urgent and it would be better to delete the R-1 and R-2 requirement than to reconsider the entire set of regulations. Mayor Sevila said that much input will be received from the development community over the next year or so and the regulations can be modified appropriately if necessary. Mr. Kelley stated that most developers now provide an amenities package for homeowners' landscaping of their property. Many people opt to do this and this relates directly to the R-1 and R-2 regulation. 358 MINUTES OF THE OCTOBER 22, 1986 MEETING On a motion by Mr. Pelkey and seconded by Mr. Kelley, the following amendment to this ordinance was proposed and adopted 'by aVote of 5 to 2: In Section 9A-6, sentence 2 should read as follows: "This requirement shall apply to all zoning districts except single family detached residen- tial districts. " Aye: Councilmembers Curry, Kelley, Pelkey, Tolbert and Vice-Mayor Williams Nay: Councilmember Bos and Mayor Sevila The vote on the ordinance with the amendment previously adopted was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-0-50 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING OFF-STREET PARKING AND LOADING REGULATIONS On a motion by Mr. Williams and seconded by Mr. Kelley, the following ordinance was proposed and adopted: WHEREAS, an amendment of the Leesburg Zoning Ordinance to establish new off-street parking and loading regulations within the Leesburg corporate limits was initiated by Council on June 11, 1986; and WHEREAS, the Leesburg Planning Commission held a public hearing on these proposed regulations on August 7, 1986; and WHEREAS, the Planning Commission recommended adoption of these regulations on August 7, 1986; and WHEREAS, the Council held a public hearing on these regulations on September 24, 1986; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the adoption of consolidated and revised off-street parking and loading regulations to apply within the corporate limits of Leesburg: 4 THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended by adopting a new Article 2A: Off-Street Parking and Loading Requirements, as contained in the text under this title submitted to Council October 17, 1986. SECTION II. The prior Section 2-7 of the Leesburg Zoning Ordinance, Sections 525 through 528 of the Loudoun County Zoning Ordinance, as adopted and administered by the Town of Leesburg in the annexation area, and all other prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If any provision of this Article' is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the Article as a whole or of any remaining provision of the Article. SECTION IV. This ordinance shall be in effect upon its passage. Mr. Curry had some concern about the number of parking units per dwelling unit under this new regulation, especially as this pertains to elderly housing parking regulations. MINUTES OF THE OCTOBER 22, 1986 MEETING 359 Martha Semmes briefly explained how they had arrived at the standard that Leesburg wishes to apply to this. Mr. Minor felt that Leesburg's standards exceed -those standards of the jurisdictions that were surveyed. Mr. Curry felt that the current proposed number is adequate if they add one space per employee of the facility. It was recommended that the language "plus one space per employee" be added to Section 2A-8, Paragraphs 5 and 6. Following some further general discussion on parking requirements the vote on .this ordinance was: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila /T Nay: None Vl VJ 86-225 - RESOLUTION - APPROVING SPECIAL EXCEPTION APPLICATION #86-5 BY N VIRGINIA POWER FOR LOCATION OF A PUBLIC UTILITY W FACILITY IN THE PD-IP ZONING DISTRICT QOn a motion by Mr. Williams and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, Virginia power on July 14, 1986, filed a special exception application to locate a public utility facility within the PD-IP zoning district on 14.5 acres of land on the east side of Route 643 near the Leesburg Municipal Airport; and WHEREAS, the Planning Commission on August 7, 1986, recommended to Council approval of this special exception application; and WHEREAS, the Council on September 24, 1986, held a public hearing on this application pursuant to Section 15.1-431 of the Code of Virginia, as amended; and WHEREAS, the existing zoning regulations and proffered conditions relating to screening will adequately protect the public from views of the outdoor storage associated with the proposed use; and WHEREAS, the applicant has agreed to limit the size of the proposed microwave pole to 85 feet and to revise the architectural details of the proposed office building to replace the mansard roof with a brick paraphet treatment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Special exception Application #86-5 by Virginia Power to locate a public utility facility in a PD-IP zoning district on a 14.5 acre parcel of land located on the east side of Route 643 and bounded by the lands of Shreve on the north, Santmyer estate on the east, Richlynn Development, Inc., and Santmyer Estate on the south and Route 643 on the west is approved subject to the following conditions deemed necessary to protect nearby properties and the public interest. 1. The proposed microwave pole shall be located generally in the location shown on the concept plan submitted by Virginia Power dated August, 1986, and shall be limited to 85 feet in height; and 2. The architectural details of the proposed office building shall include a brick facade and paraphet roof treatment as illustrated in revised architectural drawings submitted by Virginia Power on October 22, 1986. 360 MINUTES OF THE OCTOBER 22, 1986 MEETING Harold Crowder one of the architects for the project, explained with the help of visual aids, what the proposed design of the building is. Several changes had to be made to original designs, however, they are not of major aesthetic significance. The only change made in the resolution was the deletion of the word it "brick" before the word "paraphet". Several Councilmembers stated their appreciation to Virginia Power for the efforts they made to accommodate the special exception process. The vote was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-226 - RESOLUTION - AUTHORIZING A PERMIT FOR THE LEESBURG BICYCLE CLASSIC TO BE HELD ON MAY 2, 1987 On a motion by Mr. Tolbert and seconded by. Mr. Bos, the following resolution was proposed and unanimously adopted: WHEREAS, a request has been submitted by the Leesburg Bicycle Classic Committee and the Loudoun County Chamber of Commerce for the Town of Leesburg to assist in sponsoring an annual bicycle racing event in Leesburg with the inaugural race to take place on Saturday, May 2, 1987; and WHEREAS, this Council recognizes the importance of the Northern Virginia Regional Park Authority bicycle and pedestrian trail through Leesburg as an excellent facility to promote tourism, commerce and recreation in Leesburg; and . WHEREAS, the FY 1987 budget includes an appropriation in the amount of $4,000 for two Leesburg bicycle classics; and WHEREAS, the first classic orginally scheduled for August 24, 1986, was cancelled due to lack of funding; and WHEREAS, Council Resolution No. 86-68 evidences this Council support for the Leesburg bicycle classic as an annual event; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to issue a permit under Paragraph 10-13 of the Town Code to the Leesburg Bicycle Classic Committee for a bicycle racing event in Leesburg on Saturday, May 2, 1987, and is further authorized to close and/or partially close South Harrison Street, Catoctin Circle, South King Street between Catoctin Circle and Loudoun Street and Loudoun Street between King and Harrison for this event, with specific routes, lane closings, and hours of closing to be determined by the manager and Chief of Police. SECTION II. The permit may contain reasonable and appropriate conditions as determined necessary by the manager and shall require the town to be named as an additional insured under a one-million dollar public liability insurance policy to be secured by the Leesburg Bicycle Classic Committee or the Loudoun County Chamber of Commerce. SECTION III. The manager is directed to make a contribution on behalf of the town in the amount of $3,000 to assist the committee with the cost of advertising, prizes and other expenses in connection with the Leesburg Bicycle 'Classic: The check shall be submitted to the committee upon receipt of an invoice and shall be paid back to the Town of Leesburg if the race does not take place during the current fiscal year. 361 MINUTES OF THE OCTOBER 22, 1986 MEETING Following some discussion in which the amount to be appropriated was questioned because of some prior confusion regarding the number of events, the vote on this was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Le-1") Nay: None �tiea 86-226 - RESOLUTION - AUTHORIZING THE CLOSING OF ROUTE 654 FOLLOWING NOTICE TO AFFECTED PROPERTY OWNERS On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: - +, WHEREAS, the Town Plan, Annexation Area Development Policies and VDH&T Route 7 corridor study all call for the closing of Route 654 at the Tuscarora Creek Bridge; and WHEREAS, Brownell, Inc., by letter dated September 23, 1986, has offered to construct cul-de-sacs to accomplish this closing and to provide 1i adequate turnaround for vehicular traffic; and WHEREAS, the portion of Route 654 closed to vehicular traffic will be available for pedestrian and bicycle use: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is directed to notify by letter all owners of property along both sides of Route 654 between Route 7 and Route 643 of the Council's intention to have constructed cul-de-sacs and to permanently I close the Tuscarora Creek Bridge on Route 654 to vehicular traffic. SECTION II. Brownell, Inc. is authorized to construct a 30-foot radius gravel surfaced cul-de-sac on Route 654 immediately north of the Tuscarora Creek bridge and is further authorized to construct a paved 45- foot radius cul-de-sac with a 50-foot right-of-way 0.18 miles south of the Tuscarora Creek bridge, exact locations to be determined by the Director of Engineering and Public Works. The paved cul-de-sac shall meet town street construction standards. Engineering drawings shall be limited -to the minimum required to appropriately locate and construct the cul-de-sacs. , Bonding of the facilities shall not be required unless the paved cul-de-sac is part of an approved proffered zoning condition. SECTION I-II. Work to construct the cul-de-sacs at the aforementioned locations -shall not take placeuntilafter November 10, 1986, to permit a reasonable comment period for property owners along the road. Route 654 between the two cul-de-sacs shall be closed to vehicular traffic pursuant to Paragraph 15.1-889 of the 1950 Code of Virginia, as amended. Mr.- Bos questioned the amount of time originally provided for the comment period and it was the general consensus of everyone that it be extended by at least ten days. This would provide more adequate response time and if, for some reason, strong opposition was present, reconsider- ation of this project would be feasible. This, however, is not projected because of the small number of landowners affected. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None Mayor Sevila requested that- Vice Mayor Williams chair the discussion and adoption of the following resolution. 362 MINUTES OF THE OCTOBER 22, 1986 MEETINP 86-228 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE SYCOLIN PARTNER- ' SHIP FOR REIMBURSEMENT `OF COSTS FOR INSTALLATION AND OVERSIZING 'OF WATERLINES IN THE LEESBURG GATEWAY SUBDIVISION On a motion by Mr. Tolbert and seconded by-Mr. Kelley, the following resolution was proposed and adopted: WHEREAS, the firm of Camp, Dresser & McKee is currently designing a 16-inch waterline extension generally along Rt. 643 south to the fire and rescue training center on land owned by.Loudoun County; and WHEREAS, the construction of this line will require a connection to the waterline- system currently'under construction to serve`the Leesburg Gateway Subdivision; and WHEREAS, the Leesburg Gateway Subdivision only requires service from a 12-inch waterline; and WHEREAS, the town's water master plan calls for the installation of a 16-inch main along the southern boundary of the Leesburg Gateway Subdivision and eventually connecting to a watermain on Route 7; and WHEREAS, the Sycolin Partnership, owners and developers of the Leesburg Gateway Subdivision, has agreed to construct the 16-inch line along their property subject to reimbursement from the town for the cost differential between a 12-inch waterline and 16-inch waterline and the cost of the waterline extension to accommodate the eventual loop; and WHEREAS, the Director of Engineering and Public Works has certified that the cost estimates submitted for the additional design and construction are reasonable and 'accurate;" and WHEREAS, adequate appropriations exist in the Utility Fund for the fiscal year ending June 30, 1986 to finance this project: 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 the Sycolin Partnership in a form approved by the town 'attorney providing for oversizing of the waterline from a 12-inch line to a 16-inch waterline at an additional cost of $21,941.30 and the installation of an additional 900- feet of 16-inch waterline at a cost of $74,250. SECTION II. Payment to the Sycolin Partnership shall be made monthly based on approved work less ten percent'retainage to be paid at the time of completion and acceptance of the project by the Director of Engineering and Public Works. SECTION III. The manager is authorized and directed to execute a standard purchase order with Bengtson, DeBell, Elkin & Titus for the design of the oversizing and the 16-inch watermain extension at a cost of $3,350. Mr. Minor explained that this would authorize a contract, which has not yet been prepared, for the' completion of-this work. Staff is 'hopeful that this is acceptable to the Sycolin`Partnership since it represents substantial savings to the town. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice- Mayor Williams Abstain: Mayor Sevila 86-229 - RESOLUTION - AUTHORIZING A CONTRACT WITH CAMP, DRESSER AND MCKEE FOR PREPARATION OF THE STORMWATER MASTER PLAN On a motion by Mr. Tolbert and seconded by Mr. Bos, the following resolution was proposed and adopted: MINUTES OF THE OCTOBER 22, 1986 MEETING 363 WHEREAS, the Town of Leesburg received proposals on August 15, 1986 from consulting engineering firms to provide engineering services and prepare- a stormwater master plan for the Town of Leesburg; and • WHEREAS, the selection committee interviewed the three highest ranked firms in accordance with Section 8-3 of the purchasing regulations; and WHEREAS, the selection committee ranked Camp, Dresser and McKee as the highest rated firm and has concluded' contract negotiations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to enter into a • contract, on behalf of the Town with Camp, Dresser & McKee in an amount not to exceed $75,000.00 for the preparation of the Stormwater Master Plan. SECTION II. An appropriation is made from the General Fund unappro- mpriated balance in the amount of $35,000.00 to account No. 200.4103.300.020 T for the fiscal year ending June 30, 1987. N Mr. Kelley stated that he was pleased with the selection of Camp, W Dresser and McKee because of their past very good record of service to the CO town. Q Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-230 - RESOLUTION - AUTHORIZING A 'CHANGE ORDER TO THE CATOCTIN CIRCLE PROJECT TO PROVIDE A RIGHT-TURN LANE ON MARKET STREET On a motion by Mr. Bos and seconded by Mr. Williams, the following resolution was proposed and adopted: • WHEREAS, the Town of Leesburg, John A. Wallace and Aaron Paulson, and Clarence and Dorothy Jewell, entered into an agreement on August 30, 1985, to provide for exchange of land, a cash contribution and participation among the parties in the construction of an approximately 781 foot north extension of Catoctin Circle at its intersection with Market Street; and WHEREAS, the final design of the new intersection will result in two left-turn lanes on Market Street to accommodate traffic heading south onto Catoctin Circle; and WHEREAS, the aforementioned three-party agreement did not anticipate the additional left-turn on Market Street nor the resulting need for a right-turn lane on Market Street to service Catoctin Circle north extension; and WHEREAS, Gorove/Slade Associates, Inc. submitted an August 15, 1986, traffic study which confirms that East Market Street will operate at a level of service E in the P.M. peak hours if a right-turn lane is not constructed for the Catoctin Circle north extension; and WHEREAS, the Town's engineering consultant, Patton, Harris, Rust and Associates has submitted an engineer's estimate in the amount of $46,000 for the construction of the right-turn lane on Catoctin Circle; and WHEREAS, this Council has concluded that the right-turn lane on East Market Street to serve the Catoctin north extension will improve traffic safety and the efficiency of East Market Street traffic flow: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 364 MINUTES OF THE OCTOBER 22, 1986 MEETING SECTION I. The manager is authorized to execute a 'change order on behalf of the town, with Merit Construction Associates, Inc. for the construction of 'a right-turn 'lane on East Market Street in accordance with plans and specifications prepared by Patton, Harris, Rust and Associates in an amount not to exceed $55,000. SECTION II. An appropriation is made from the General Fund to Account No. 4102.700.097.200, Catoctin Circle Extension, in the amount of '$36,000 for the fiscal year ending June- 30, 1987. Mr. Williams stated that this' is an important project and that it should not be delayed. The other Councilmembers agreed. Aye: Councilmembers Bos, Curry, Kelley,' Pelkey, Tolbert, Williams and Mayor Sevila Nay: None Mayor Sevila again asked that Vice Mayor Williams chair the proposal and discussion of the following resolution. 86-231 - RESOLUTION - MAKING A REDUCTION'IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR LEESBURG GATEWAY, PHASE I On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following resolution was proposed and adopted: WHEREAS, the Town's Director of Engineering has reviewed the public improvements installed to date in Leesburg Gateway, Phase I and certifies that the value of work performed is $355,069; and WHEREAS, a letter of credit from First American Bank in the amount of $620,000 has been provided by the developer and' approved by Council to guarantee installation of public improvements in Leesburg Gateway, Phase I. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The First American Bank letter of credit originally -in' the amount of $620,000 is reduced to $264,931. SECTION II. The manager shall notify the developer of Leesburg Gateway, Phase I 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 improve- ments for Leesburg'Gateway, Phase I. " . Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice- Mayor Williams Abstain: Mayor Sevila 86-232 - RESOLUTION = AUTHORIZING AN AGREEMENT, APPROVING-A'PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR THE NEWGATE DEVELOPMENT On a motion by Mr. Bos andsecondedby Mr. Kelley; 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 Tedence, Inc. of Leesburg, Virginia, for installation of public improvements shown on the plans approved by the Director of Engineering for the Newgate Development. MINUTES OF THE OCTOBER 22, 1986 MEETING • 3 6-5' SECTION II. An irrevocable bank letter of credit in a form approved by the town attorney from Farmers and Merchants National Bank of Virginia in the amount of $20,000 is approved as security to guarantee installation of the public improvements shown on plans approved by the Dir°ctor of Engineering for the Newgate Development. Mr. Minor statedthat construction drawings and bonding for this project had not yet been approved, but staff feels that expediting this project is in the best interest of the town. Mr.. Kelley stated that he did not agree with the expedition of this and that it should go through normal channels of approvals. Mr. Minor said that the{e is a great difference between this project and the Linden Hill project. )matters of bonding private streets in which one developer said no, this developer said they are agreeable to all requirements. T Mayor Sevila asked Mr. Mason, the Town's Director of Engineering, if CD the bond amount was sufficient to assure that public improvements are (\I completed in compliance with town standards. Mr. Mason stated that he did N feel because of the limited nature of the public improvements for this W project, that the bond amount was adequate. Q Aye: Councilmembers Bos, Curry, Pelkey, Tolbert, Williams and Mayor Sevila Nay: Councilmember Kelley On a motion of Charles Williams and seconded by Jerry Pelkey, Council voted unanimously to go into executive session to discuss appointments to the Airport Commission and Planning Commission, personnel matters, sale of I real property and litigation pursuant to Paragraphs 2.1344(1), 2.1-344(2), and 2.1-344(6), respectively of the 1950 Code of Virginia, as amended, and that the Town Manager, Assistant Town Manager, Director of Engineering and Public Works, Director of Planning, Zoning and Development and legal counsel participate in this meeting. • Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None The meeting was reconvened with no action taken. NEW BUSINESS 86-233 - RESOLUTION - RESCHEDULING UTILITY AND PUBLIC WORKS COMMITTEE AND FINANCE AND ADMINISTRATION COMMITTEE MEETINGS FOR NOVEMBER 2, 1986 On a motion by Mr. Williams and seconded by Mr. Pelkey, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The regularly scheduled meeting of the Utility and Public Works Committee and the Finance and Administration Committee for November 4, 1986 are rescheduled for November 3, 1986. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 366 MINUTES OF THE OCTOBER 22, 1986 MEETING 86-234 _RESOLUTION _'AUTHORIZING DEED TO JOHN T. HAAS, 'JR. ET UX On a motion of Mr. Williams and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor is authorized to execute a deed in a form approved by the Town Attorney, conveying to John F. Haas, Jr. et ux, 0.9816 acres for a purchase price of $2,000.00 Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and • Mayor Sevila - Nay: None On a motion by Mr. Williams and seconded by Mr. Bos' it was recommended that the meeting be adjourned. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None Mayor Clerk of C. ncil