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HomeMy Public PortalAbout1986_11_12 368 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 12, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on November 12, 1986 at 7:30 p.m. The meeting was called to order by Vice Mayor, Charles Williams with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by Mr. Bos. Present were Vice Mayor, Charles Williams, Council- members Bos, Curry, Kelley, Pelkey and Tolbert. Mayor Sevila was absent. Staff members present were Town Manager, Jeff Minor; Director of Finance, Paul York; Director of Engineering and Public Works, Tom Mason; Director of Planning, Zoning and Development, Martha Mason-Semmes and Deputy Town Attorney, Debbie Welsh. Also present were Planning Commission members Webb, Groschan, Jackson, Gheen, Belles and Curry. On a motion by Mr. Tolbert and seconded by Mr. Bos, it was recommended that the minutes of the June 11, 1986, June 25, 1986 and special meeting of November 3, 1986 be approved as submitted. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None 1 PETITIONERS . The following proclamation was read by Vice Mayor Williams: PROCLAMATION WHEREAS, the Council of the Town of Leesburg is concerned with the welfare and happiness of all Leesburg citizens; and WHEREAS, the Loudoun United Way Campaign helps serve the needs of many of its citizens directly through over 200 human care agencies and contributes to a stronger and healthier community for all local residents; 111and WHEREAS, during the month of November, the Loudoun United Way is actively engaged in a fund-raising campaign to help meet the human-care needs of our community: THEREFORE, BE IT PROCLAIMED by the Council of the Town of Leesburg in Virginia that the month of November, 1986 is LOUDOUN UNITED WAY MONTH and all its citizens are urged to give full support to this effort. Next, the following Resolution of Respect was read into the record: RESOLUTION OF RESPECT WHEREAS, Edgar L. Coffey, Jr., former local Chesapeake and Potomac Telephone Company supervisor and well-known resident of Leesburg, died at Loudoun Memorial Hospital on October 28, 1986; and WHEREAS, Mr. Coffey was active in various church, civic and service organizations in Loudoun County and Leesburg; and WHEREAS, Mr. Coffey served on the Council for the Town of Leesburg from September 1982 through June 1984; and WHEREAS, Mr. Coffey was Chairman of the Cable Television Advisory Commission for the Town of Leesburg from June 1981 through September, 1983; and WHEREAS, Mr. Coffey served as a member of the Leesburg Town Plan Task Force from March 1983 through June 1984: THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg do extend their sympathy to his family and to all who knew him; and 38g MINUTES OF THE NOVEMBER 12, 1986 MEETING BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his wife and children. JOINT PUBLIC HEARING WITH PLANNING COMMISSION ON ZONING ORDINANCE AMENDMENT TO REQUIRE APPLICANTS FOR AMENDMENT TO SAID ORDINANCE, VARIANCE, SPECIAL EXCEPTION OR CONDITIONAL USE PERMIT TO DISCLOSE EQUITABLE OWNERSHIP OF REAL ESTATE TO BE AFFECTED Vice Mayor Williams asked if there was a quorum of the Planning Commission present. Chairman Webb responded that there was. The staff report on this hearing was presented by Martha Semmes as follows: This type of regulation has beed added to the Zoning Oidinances'of'mosi neigh- boring jurisdictions in the past months. This would require any applicant for variance, special exception or conditional use permit to disclose all of the people who have an interest in a certain piece of property. Council feels that it has the right to know who they are dealing with and who will benefit from their decision in regard to zoning issues. VJ N Mr. Curry asked what the main reason behind this legislation was. N Ms. Semmes stated that it was primarily for the purpose of informing W everyone involved in the zoning process just who they are dealing with. 0:1 At this time the public hearing was closed since there was no one from Q the public who wished to address the issue. It was referred to Council for their comments. On a motion by Mr. Bos and seconded by Mr. Tolbert it was recommended that this issue be referred to the Planning Commission for further consideration. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None AMENDMENT TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING VARIANCES The staff report on thiswas given by M . Minor who' sated'that`.this has been addressed by Council several months ago. In the past Council relied on enabling legislation on addressing variances. Variances are not required but have historically always been employed. Variances, if allowed, must mirror the language of the State Code, and this is why this legislation is being proposed. There will be many instances when variances will enhance particular use of a parcel. It will also enable the Planning Commission to have more say in the process, with the consultation of the Director of Engineering and Public Works. Mr. Kelley explained that this issue will now go on to the next Finance and Administration committee meeting for further consideration. He wanted to make sure that the public was aware of this. Charles Smith,resident of 217 Shenandoah Street and president of the Virginia Knolls Homeowner's Association, stated that they are concerned with the reasons for the amendment. He felt that in the old legislation there was more guidance provided for variances than in the new one. Several of the terms used were of concern to him. He compared several "old" and "new" paragraphs directly and stated his views on the differences. Mr. Smith stated he felt that the legislation needs to be strong and that the language should be altered to assure that it is not weakened. Lawrence Brown, resident of 309 Ayr Street, NW, stated that many of the things he wanted to cover had already been mentioned by Mr. Smith, however, he did have additional comments. He felt that the proposed changes make the ordinance easier to understand. A specific concern 'was the removal of the wording "the character of the vicinity will'not'be changed by granting a variance". 370 MINUTES OF THE NOVEMBER 12, 1986 MEETING David Arnold, resident of 120 Woodberry Road, concurred with what had been previously stated. One concern that he had was that the wording in the ordinance in Section 15.1-466 was almost verbatim from the State,Code. He felt that the generality of the wording would be detrimental to the 1 decision making process. He requested that this be carefully..reviewed by the Finance and .Administration -Committee .to assure the rights of the - neighboring residents. The fact that there may be discrepancies in requests by a single landowner vs. requests by developers was a concern. Mr. Curry explained that this was not likely to happen. The requirements of the Zoning Ordinance would be the same for both. Ted Roach, the resident of 314 Edwards Ferry Road, feels that the change to the variance is a positive step. The fact that it defines more clearly what can and cannot be done is helpful. He feels that either a developer or a single landowner knows what portion of a property, is developable and what is not. His concern is that a single landowner may be unfairly denied a variance where a developer would be given the green light. The public hearing was closed at this point and referred to the Council level for further comment. Mr. Curry stated that it would have been helpful if more public comment were received in the initial stages of the changes, to the ordinance. Mr. Pelkey moved that this be referred to the Finance and Administration Committee for further consideration. The motion was seconded by Mr. Kelley. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams. Nay: None Mr. Williams then asked the Chairman of the Planning Commission, Bill Webb, when he felt the Commission could have a recommendation on this ordinance. Mr. Webb stated that they would address this at their next meeting. Mr. Williams stated that some letters had been received concerning this ordinance from members of the public. COUNCILMEMBER COMMENTS Mr. Bos reported on the special meeting of the Board of Architectural Review held on Monday, November 3.. At this meeting an application by Messrs. Kelley and Winston for a house at North Street and North King Street was approved. The Board also discussed general planning items. Mr. Pelkey mentioned that a public hearing was scheduled for November 19 regarding the parking facility. Mr. Curry attended the Planning Commission meeting. of November 6 and reported that there were three public hearings that evening. They were in reference to the Historic District, and the Stowers' tract concept plan. The Commission approved a preliminary plat for Carnaby Square project with some changes. Mr. Kelley reported that the Economic Development and Advisory Commission had some specific comments on the resolution regarding funding of highway projects within the Town and also that the Commission had addressed their goals for 1987. Mr. Williams attended the Parks and Recreation Commission meeting. He mentioned that the survey results were finally tabulated and distributed. He informed the Council that Bennie Jackson had passed away. Mr. Jackson had served on the Board of Zoning Appeals and participated in town government for many years. MINUTES OF THE NOVEMBER 12, 1986 MEETING 371 MANAGER'S REPORT The Downtown Structure Analysis report was distributed to the Council. This was prepared by Wilbur Smith and Associates. This is the subject of next Wednesday's public hearing. This report is available to the public at the town office. The report -states that there is currently a, 140 parking space deficit in downtown Leesburg and there will be an over 300 space deficit in five years. They do recommend a three level garage with expansion possibilities. There should be a satellite lot on Liberty Street which would serve as an alternate lot during construction and could be converted to a long term lot in the future. A water and sewer master plan RFP was developed by Randy Shoemaker. The condemnation petition was filed regarding the Gateway project. Over $2600 has been donated by Town Employees to the United Way. TT .Steve Owen and Nancy Fixx spearheaded a very, successful effort in this. CD Mr. Minor went on to give status reports on several projects that were N ongoing around town such as the Route 643 waterline project, turn lanes on N Edwards Ferry Road, etc. W ry� Mr. Bos asked what the time frame was for the traffic signal at the Q intersection of Ft. Evans Road and Route 7. Mr. Minor stated that it would be in by late spring. At this point there was a five minute recess. The meeting was called back to order by Vice Mayor Williams. At this point Mr. Williams opened the meeting up for petitioners which he inadvertently skipped earlier. 111PETITIONERS -Tracy Cross a member of the development committee task force for Silver Oaks Homeowners' Association, addressed the Council regarding a letter received from Martha Mason-Semmes which covered points made at the public hearing on October 27. The Association is disappointed that the town staff will not delay occupancy of the proposed apartments until the roads have been completed. There is an acute problem of unauthorized traffic through the Silver Oaks subdivision already and if residents can occupy the new apartments before there are roads or parking lots, where will they park? The hill area in the Gateway development has improved and the residents of Silver Oaks are pleased, but would like to be kept apprised of future landscaping plans. LEGISLATION On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following ordinances and resolutions were considered as consent items with a change incorporated into Resolution 86-239, and adopted unanimously. 86-0-51 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE REGARDING METER ZONES ORDAINED-by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-17-l -of the -Town Code is amended to -read as . follows: Sec.10-171. Establishment of meter zones and parking time limits therein Parking meter zones, with the following time limits for lawful parking, are established as follows: (1) West side of King Street, between Loudoun Street and North Street, for two-hour parking at any one time. 372 MINUTES OF THE NOVEMBER 12, 1986 MEETING (2) East side of King Street, between VEPCO right-of-way and 180 feet south of Royal Street, for two-hour parking at any one time. (3) South side of Market Street, between Church Street and Liberty Street, for two-hour parking at any one time, except that the ' time limit for lawful parking shall be 15 minutes at any one time in front of the post office on Market Street. (4) Municipal parking area between Wirt Street, King Street, Loudoun Street, and Market Street, for three-hour parking, except spaces designated for permit-only parking, four 15 minute town office visitor spaces, and 25 ten-hour meter spaces. (5) East side of Church Street, between Edwards Ferry Road and Cornwall street, for two-hour parking at any one time, except spaces reserved for official cars of the state and town police and the county sheriff's department. (6) North side of Loudoun Street, between Wirt Street and Church Street, for two-hour parking at any one time. (7) Municipal parking area known as Vinegar Hill Parking Lot :between Loudoun Street and South Harrison Street, for two-hour parking at any one time. (8) Municipal parking area known as South Harrison Street Parking Lot between South Street and South Harrison Street, for two-hour parking at any one time. (9) East and west side of South Harrison Street, between Loudoun Street and Depot Court, for two-hour parking at any one time. (10) One space east side of South Harrison Street at southernmost point of parking bay in front of 202 Harrison Street, SE, for up to ten hour paid parking. (11) South side of Loudoun Street, between East Market Street and 160 feet east of South Harrison Street, for three-hour parking at-any one time. SECTION II. This ordinance shall be in effect upon the installation of appropriate parking meters. 86-0-52 - ORDINANCE - AMENDING SECTION 10-176 OF THE TOWN CODE REGARDING CHARGES FOR PARKING AT METER SPACES ORDAINED by the Council of the Town of Leesburg in Virginia as follows: T" SECTION I. Section 10-176 of the Town Code, titled "Deposit of Coin; Occupancy of Space, etc.", is heieby'amended''to-iead'as .follows: Sec. 10-176. Deposit of Coin; Occupancy of Metered Space; etc. (a) The owner or operator of a vehicle, upon entering a parking .meter space marked as provided in this division with his vehicle, during the time parking meters are in operation, as provided by Section 10-175, shall immediately deposit a coin or combination of coins of the United States in the parking meter situated at the side of the parking meter space so entered and shall operate the parking meter according to the instructions ' thereon. Failure to comply with such requirements shall be unlawful. (b) Upon the deposit of a five-cent coin, ten-cent coin or 25-cent coin and placing the parking meter in operation, the parking meter space in question may be lawfully occupied during the period of time prescribed on the parking meter legend for the particular amount deposited. MINUTES OF THE NOVEMBER 12, 1986 MEETING 373 (c) Parking meters located where two-hour or three-hour maximum parking is permitted when properly operated shall be so adjusted that initial or additional five-cent or ten-cent coins may be deposited at any time throughout the two-hour or three-hour period, as long as the two-hour or three-hour limit is not exceeded by any one vehicle occupying the same space. The deposit of each five-cent coin shall permit the-vehicle to be parked for a period of 7.5 minutes; and the deposit of each ten-cent coin shall permit the vehicle to be parked for a period of 15 minutes; and the deposit'of each twenty-five cent coin shallpermitthe vehicle to be parked for a period of forty-five minutes. (d) Parking meters located where ten-hour maximum parking is permitted when properly operated shall be so adjusted that the deposit of each ten- cent coin shall permit the vehicle to be parked for a period of thirty minutes and the deposit of each twenty-five cent coin shall permit the vehicle to be parked for a period of seventy-five minutes. (e) Parking meters located where 30-minute maximum parking is T permitted when properly operated shall be so adjusted that a deposit of a V^ 'I five-cent coin shall permit the vehicle to be parked for a period of 15 l V minutes. N W (f) Parking meters located where 15-minute maximum parking is CO permitted when properly operated shall be so adjusted that a deposit of a Q five-cent coin shall permit the vehicle to be parked for a period of 15 minutes. (g) It shall be unlawful for the operator of a vehicle to park such vehicle; or to permit such vehicle to remain parked, during daylight hours, except Saturday, . Sunday and national holidays, in areas .controlled by parking meters on streets in the townorparking-lots operated by the town for a period longer than the maximum time indicated on the meter from the time the vehicle is so parked in any- such parking- meter zone. SECTION II. This ordinance shall be in effect upon passage and all ordinances and resolutions in conflict herewith are repealed. 86-235 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-78 BY MARKET SQUARE ASSOCIATES AND SPECIAL EXCEPTION #86-lA AND 1B ALSO BY MARKET SQUARE ASSOCIATES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider the following shall be published in the Loudoun Times Mirror. 1. Rezoning Application #ZM-78 by Market Square Associates. 2. Special Exception Application f1A and 1B by Market Square Associates. Notice of these public hearings shall be published in the Loudoun Times Mirror on December 31, 1986, and January- S,, 1987; for public hearing on January 14, 1987, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. 86-236 - RESOLUTION - APPOINTING JERRY. PELKEY AS-THE COUNCIL'S REPRE- ' SENTATIVE ON THE CONSULTING ENGINEERING SERVICES SELECTION TEAM FOR THE TOWN'S SOUTH RUNWAY EXTENSION PROJECT WHEREAS, a Request for Proposal has been issued to select a consulting engineering firm for design and construction engineering services on the South Runway Extension Project; and WHEREAS, a member of the Town Council is required to serve on the review committee to recommend a consulting engineering firm to the full Council. 374 MINUTES OF THE NOVEMBER 12, 1986 MEETING THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: ' Jerry Pelkey is appointed to serve as the Council representative on the review committee to recommend a consulting engineering firm for the South Runway Extension Project. 86-237 - RESOLUTION - AUTHORIZING THE ACQUISITION OF AN EASEMENT FOR THE NORTH RUNWAY EXTENSION PROJECT AT LEESBURG MUNICIPAL AIRPORT WHEREAS, the North Runway Extension Project at Leesburg Municipal Airport requires the acquisition of a 2.383-acre parcel of land• currently owned by William L. Bryant, Trustee, upon which the extended taxiway will be constructed; and WHEREAS, a fee simple acquisition of this parcel as required by the Federal Aviation Administration is pending; and WHEREAS,' an easement agreement transmitted to Council on October 31, 1986, would allow construction activity to begin before fee simple acquisition is accomplished: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to negotiate and execute an easement agreement similar to the aforementioned agreement transmitted to Council on October 31, 1986, and approved by the Federal Aviation Administration, for a 2.383 acre parcel of land owned by William L. Bryant, Trustee, as required for the North Runway Extension Project. 86-238 - RESOLUTION - APPOINTING BRIAN T.' KELLEY AS THE COUNCIL'S REPRE- SENTATIVE ON THE CONSULTANT SELECTION TEAM FOR THE TOWN'S WATER AND'SEWER 'MASTER PLAN UPDATE WHEREAS, a Request for Proposal has been issued to select a consultant to prepare a water and sewer master plan for the expanded town; and WHEREAS, a member of the Town Council is required to serve on the review committee to recommend a consultant to the full Council. THEREFORE, RESOLVED by the Council of the Town of Leesburg in •Virginia as follows: Brian T. Kelley is appointed to serve as the Council representative on the review committee to recommend a consultant to prepare a revised water and sewer master plan for the Town of Leesburg. 86-239 - RESOLUTION - ACCEPTING AN EASEMENT FOR THE OPERATION AND MAIN- TENANCE OF A TRAFFIC SIGNAL WHEREAS, the Town of Leesburg has completed installation of a traffic signal at the intersection of Catoctin Circle and Harrison Street; and WHEREAS, additional right-of-way is required for the support pole on the southeast corner of said intersection; and WHEREAS, Harvest Square Associates has granted the necessary right-of- way to the Town of Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The easement herein referred to is accepted. MINUTES OF THE NOVEMBER 12, 1986 MEETING 375 86-240 = RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR THE SOUTHGATE II DEVELOPMENT PLAN WHEREAS, the developer of the Southgate II development has completed public improvements in accordance with town standards and specifications and these have been inspected and approved: I THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit in the amount of $60,190 from Sovran Bank is reduced to $3,000. A maintenance bond to be in effect for a period of one year from this date in the amount of $3,000 is approved. SECTION II. This release is contingent upon delivery of as-built drawings and a properly executed instrument conveying unto the town all VJ / such improvements free of any liens or charges. l V 86-241 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF N EVERGREEN MILLS INVESTMENTS FOR REVISION OF THE W ZONING DISTRICTMAP TO THE PLANNING COMMISSION FOR CO PUBLIC HEARING UNDER CHAPTER 11 TITLE 15.1 OF THE Q CODE OF VIRGINIA, AS AMENDED • RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Evergreen Mills Investments for revision of the zoning district map, assigned No. ZM-83, to rezone 49.7 acres of land from County R-1 to Town R-3, is received and referred to the Planning Commission I for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. 86-242 - RESOLUTION - AUTHORIZING PAYMENT REQUEST NO. 15 TO R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTEWATER TREAT- MENT 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. 15 on October 30, 1986 and Camp, Dresser and McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering has recommended payment of Payment Request No. 15 in the amount of $356,981.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1 Payment in the amount of $356,981.00 ($375,770.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 15 for the Wastewater Treatment Plant Expansion Project. 86-243 - RESOLUTION - MAKING AN APPROPRIATION FOR THE PROCUREMENT OF A WORDPROCESSING PRINTER FOR THE MANAGER'S OFFICE WHEREAS, the General Fund budget for the fiscal year ending June 30, 1987, provides funding for wordprocessing equipment for use in the town office building; and WHEREAS, it has been determined there is a need for an additional printer to be used for wordprocessing by the town manager's office: E 376 MINUTES OF THE NOVEMBER 12, 1986 MEETING THEREFORE, RESOLVED by the Council of the. Town of Leesburg in Virginia as follows: A supplemental appropriation of $5;000 is made from the General Fund Unappropriated Fund Balance to General Fund Account No. 200.1214.700.070 for the fiscal year ending June 30, 1987. 86-244 - RESOLUTION - MAKING AN APPROPRIATION FOR ADDITIONAL PREMIUM FOR GENERAL LIABILITY_INSURANCE COVERAGE _ _.. WHEREAS, the General Fund budget for the fiscal year ending June 30, 1987, provides _funding of $48,500 for General,Liability insurance premiums; and WHEREAS, the rerating and renewal premium for this coverage will be $55,436. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A supplemental appropriation of $6,936 is made, from the General, Fund Unappropriated Fund Balance. to General Fund Account No. 200.1214.530.080 • for the fiscal year ending June 30, 1987. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila 86-0-53 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE On a motion by Mr. Kelley, and seconded by Mr. Curry, the following ordinance was proposed and unanimously adopted: WHEREAS, an engineering and traffic investigation has been conducted by the town which substantiates the need to adjust speed limits on East Market Street: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-131 of the Town Code is amended to read as follows: - . . Sec. 10-131. Speed Limits The ,maximum speed limits on streets within town shall be 25 miles per hour, or as prescribed in this section, and no person shall drive a motor vehicle in excess of such maximum limits. Upon the following streets within the town, between the points hereinafter indicated, the maximum speed limit shall be the speed hereinafter indicated and no person ,shall drive a motor vehicle between such points in excess of such maximum speed limit: (a) King Street: 55 miles per hour from Balls Bluff Road to 500 feet north of the 1983 corporate limits. (b) King Street: 35 miles per hour from 500 feet north of the 1983 corporate limits. (c) King Street: 35milesper-hour. from First Street to 300 feet south of Country Club Drive. (d) King Street: 45 miles per hour from 300 feet south of.Country Club Drive to the south corporate limits. (e) Edwards Ferry Road: 35 miles per hour from Plaza Street to the east corporate limits. 377 MINUTES OF THE NOVEMBER 12, 1986 MEETING (f) Market Street: 55 miles per hour from the east corporate limits to 600 feet east of Lawson Road . (g) Market Street: 45 miles per hour from 600 feet east of Lawson Road to Route 15 bypass (north entrance) (h) Market Street: 35 miles per hour from Route 15 bypass (north entrance) to 1000 feet east of Fort Evans Road. (i) Evergreen Mill Road: 35 miles per hour. ( •) Masons Lane: 35 milesper hour from ou South King Street to Evergreen Mill Road. (k) Long Lane: 35 miles per hour from Evergreen Mill Road to 1000 feet east of Evergreen Mill Road intersection. (1) Long Lane: 45 miles per hour from 1000 feet east of Evergreen CD Mill Road intersection to Sycolin Road. (m) Lawson Road: 35 miles per hour from Sycolin Road to 1200 feet wM east of Sycolin Road. (n) Sycolin Road: 45 miles per hour from the Route 15 bypass to the Q south corporate limits. (o) Route 15 and Route 7 bypass: 55 miles per hour exclusive of access ramps. SECTION II. The manager shall clearly indicate by markers or signs the maximum speed limits established by this ordinance. • SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall be effective upon the placement of appropriate signs and markers indicating the maximum speed limits established herein. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila 86-0-54 - ORDINANCE - AMENDING THE ZONING MAP FOR #ZM-73 - WOODROW W. TURNER AND SHERRY S. WILSON, TRUSTEES Vice Mayor Williams requested that Mr. Minor do an overview of this to review, what has transpired. The rezoning of this property will make it town R-1 and the proffers reflect no change to the number of lots, the developer would make improvements on Lawson Road fronting the lots and will cul-de-sac it, a $500 per lot contribution will be made for road improve- ments to Lawson Road, a parcel will be set aside for park dedication, and public utilities will be provided. On a motion by Mr. Pelkey and seconded by Mr. Tolbert the following resolution was proposed and unanimously adopted: • WHEREAS, Rezoning Application #ZM-73 by Woodrow W. Turner and Sherry S. Wilson, Trustees, was initiated and referred to the Planning Commission on January 8, 1986; and WHEREAS, the Planning Commission held a public hearing on this application on February 6, 1986;- and 378 MINUTES OF THE NOVEMBER 12, 1986 MEETING WHEREAS, the Planning Commission on June 19, 1986, r^commended to Council approval of this application; as 'amended, with proffers dated June 19, 1986, subject to additional conditions relating to road improvements and utility service; and WHEREAS, the Council held a public hearing on this application on August 13, 1986, prior to which written proffers were submitted by George A. and Sherry S. Wilson; and WHEREAS, the August 13, 1986, proffers noted above were not signed by the property owners as required by Section 15.1-491 of the Code of Virginia, as amended; and WHEREAS, an additional Council public hearing was held on October 8, 1986, prior to which signed proffers dated October 8, 1986, were submitted by the property owners; and WHEREAS, an amended proffer statement dated November 7, 1986, was submitted which is more restrictive than the proffers dated October 8, 1986, in order to address further Council concerns regarding this applica- tion; and WHEREAS, it is determined that this rezoning, with proffered conditions, is in the interest of public welfare, convenience and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from County A-3 and County R-1 to Town R-1 a 10.0004-acre parcel of land on the east side of Route 654 bounded by European-American Furniture Company on the north, Jeffrey 0. Wellborn, Tee., on the south, Route 654 on the West, and European-American Furniture Company on the east, in accordance with a plat prepared by Patton Harris Rust and Associates dated November 27, 1985, subject to the following proffered conditions submitted by the property owner in accordance with Section 15.1-491(a) of the Code of Virginia, as amended: 1. Site Plan: The tract shall be subdivided into not more than 16 lots in general compliance with the "House Location and Grading Study" plat prepared by Patton Harris Rust and Assoc- iates, dated March 10, 1986. (Specific house locations and building footprints shown thereon shall not be considered part of the plat. ) The plat referenced above may be revised by the developer with approval of the Planning Commission and Town Council without public hearings. Such revisions shall not result in any increase in the number of lots. 2. Lawson Road: The developer, at the time of final plat approval, shall dedicate to the town sufficient right-of-way to provide 25 feet of public right-of-way from the existing centerline of Lawson Road across the frontage of the tract. In lieu of standard requirements for curbs, gutters, and sidewalks on the Lawson Road frontage, the developer shall widen and grade Lawson Road across the frontage of the tract, including-the Dudeck spring house lot, and provide a 20-foot wide paved travel surface and necessary shoulders, drainage and roadside swales and shall construct a 502foot radius paved public turnaround on right-of-way provided by others or from the tract being rezoned here. The pavement shall meet the town's standard paving specifications placed on subgrade meeting town standards. The developer at the time of the final plat approval shall bond construction of the said public improvements. The town, as a condition of the issuance of a zoning permit for each lot within the tract, shall be paid $500.00 per lot to be used to make' improvements to Lawson Road between Sycolin Road and the tract. "9 MINUTES OF THE NOVEMBER 12, 1986 MEETING 3. Public Park Dedication. The developer, at the time of final plat approval, shall dedicate to the town (or its designee) for public park purposes an area of approximately 10,000 square feet located at the northeast corner of the property. The area dedi- cated shall lie within a triangle formed by points'located as follows: (1) a point on the north line of the tract lying 100 feet west of the northeast corner of the tract; (2) a point at the north corner of the tract; and (3) a point on the east line of the tract lying 200 feet south of the north corner of the tract. 4. Vegetation and Slope: Both slope and mature trees shall be protected to the greatest extent possible. Mature trees and slopes in excess of 15 percent shall be removed or modified only as necessary to accommodate site construction, access, utility service and the creation of usable lots and yards for proposed dwellings. 5. Public Utilities: Dwellings on the property shall be served by N water and sewer utilities of the Town of Leesburg which shall be N designed, bonded and constructed as required by the Subdivision Regulations. No zoning permit shall be issued for any house to CO be served by a private well and/or septic drainfield. Q SECTION II. This ordinance shall be in effect upon its passage. Following some brief discussion, the vote on this ordinance was as follows: Aye: Councilmembers Hos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila 86-245 - RESOLUTION - APPROVING SPECIAL EXCEPTION #86-6 BY A.C.. ECHOLS, JR. , AND J. LYNN CORNWELL, JR. , TRUSTEES/LOKEY PROPERTIES TO ALLOW MULTI-FAMILY DWELLINGS WITHIN THE B-2 ZONING DISTRICT On a motion by Mr. Tolbert and seconded by Mr. Curry, the following resolution was proposed and unanimously adopted: WHEREAS, A. C. Echols, Jr. , and J. Lynn Cornwell, Jr. , Trustees/Lokey Properties submitted an application requesting special exception approval to allow the development of multi-family dwellings on Lot 10 of Leesburg Gateway Subdivision within the B-2 zoning district; and WHEREAS, the Planning Commission has reviewed this application and on September 18, 1986, recommended to Council approval of this application; and WHEREAS, this Council on October 22, 1986, held a public hearing m this application and the accompanying conceptual site plan and related documentation; and WHEREAS, this Council makes a finding that the special exception standards of Section 8-2-11-11A have been satisfied, as portrayed on the conceptual site plan dated September 24, 1986, prepared by Wahlberg, Wright, Waite and Associates; and WHEREAS, this Council approves the design of the brick and siding structures, the recreation facilities, including swimming pools, a tennis court, indoor racquetball court, jacuzzi and exercise room, and community room as presented to this Council at the public hearing in a document entitled, "Proposed Luxury Apartments, Leesburg, Virginia," by Lokey Properties: 380 MINUTES OF THE NOVEMBER 12, 1986 MEETING THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Special Exception application #86-6 by A. C. Echols, Jr., and J. Lynn Cornwell, Jr., Trustees/Lokey Properties to permit .the construction by Lokey Properties of 316 multi-family dwellings on the 15.8 acre Lot 10 of Leesburg Gateway Subdivision is approved, subject to compliance with the following conditions: 1. The development plan substantially complies with the conceptual site plan dated September 24, 1986, prepared by Wahlbert, Wright, Waite and Associates; and 2. The development includes comparable recreational amenities in terms of type, size and design and utilities the same architecture and materials as presented to Council at the public hearing in a document entitled, "Proposed Luxury Apartments, Leesburg, Virginia," by Lokey Properties; and 3. The central open space/recreation area includes a connecting trail system and some landscaped sitting areas. 4. The development meets all applicable Zoning and Subdivision and Land Development Regulations. Mr. Bos discussed the several rezonings that have taken place on this piece of property. He feels that the concept plan is both attractive and will be necessary for the future of the town. . Mr. Curry agreed with Mr. Bos and also cited the many changes that have occurred with this piece of property. He stated that he feels this property is better suited to apartment use than commercial use as was once proposed. Mr. Kelley feels that much progress has been made in the decision of what would be allowed on this property. The coordinated process between the Council, and 'the staff along with the developers has. resulted in what promises to be a very attractive andfunctional- use for this area. Mr. Tolbert agreed with the prior. statements. Vice Mayor Williams reiterated the complicated process that was involved at the decision for the rezoning and feels that this project will be a very positive one for the town. He also complimented the developers' efforts to come to a mutual agreement on the project. The vote on this resolution was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila 86-246 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF LEESBURG IN, THE 1987-88 THROUGH 92-93 VDHST SIX-YEAR IMPROVEMENTS, PROGRAM On a motion by Mr. Curry and seconded by Mr. Kelley it was recommended that the priorities be changed in order; that #3 become #4and #4 become #3. The resolution was proposed with the amendment and unanimously adopted as follows: MINUTES OF THE NOVEMBER 12, 1986 MEETING ,381 WHEREAS, the Virginia Department of Highways and Transportation (VDH&T hereinafter) is revising the Six-Year Transportation Improvements Program for 1987 through 1993; and WHEREAS, VDH&T will be conducting a preallocation hearing on November 13 in Fairfax City to determine funding for urban system and primary system 1 projects in the Northern Virginia construction district; and WHEREAS, it is necessary that a request, by Council resolution, be made before VDH&T allocates funds in the Six-Year Improvements Program for urban system projects; and WHEREAS, the General Assembly in special session, has adopted legisla- tion to substantially increase funds available to improve both urban system and primary system highways; and WHEREAS, a preliminary analysis on the highway maintenance and construction fund for urban system construction indicates that Leesburg TT will receive an additional $1.8 million dolalrs through 1993; and 0) N WHEREAS, the Plaza Street extension project and relocation of Route N 654 between Lawson Road and Cardinal Park Drive are already on the VDH&T Six-Year Plan; and till [n WHEREAS, the Town Council has recently adopted a revised Town Plan for Q Leesburg which included a new transportation plan for the expanded corporate limits; and ` WHEREAS, VDH&T is now evaluating alternative alignments for an exten- sion of the Dulles Toll Road: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: i SECTION I. VDH&T is requested to establish the following projects as part of its Six-Year Plan: Priority Project Description #1 Plaza Street extension from East Market Street to Sycolin Road at Rockbridge Drive, a distance of approximately 2700 feet #2 Relocation of Route 654 between Lawson Road and Cardinal Park Drive, a distance of approx- imately 1350 feet #3 Widen Catoctin Circle from South Street west to South Ring Street to accommodate four travel lanes and a turning lane for a distance of approximately 3300 feet #4 Catoctin Circle extension from existing terminus north of East Market Street to Edwards Ferry Road, a distance of approxi- mately 550 feet SECTION II. The town agrees to pay its share of the total costs for preliminary engineering, right-of-way and construction of these projects in accordance with Paragraph 33.1-44 of the Code of Virginia, as amended and that, if the Council subsequently elects to stop or cancel any of the projects, the town hereby agrees to reimburse VDH&T for the total amount of the costs expended by VDH&T through the date VDH&T is notified of such suspension or cancellation. 1 382 MINUTES OF THE NOVEMBER 12, 1986 MEETING SECTION III. VDHBT is requested to establish as a primary system project the completion of the grade-separated interchange at the Route 7/ Route 15 intersection on the east end of town for these reasons: 1. Development within the required right-of-way is eminent. 2. The current interchange is beyond capacity at peak hours and future traffic from local and regional growth continues to escalate traffic problems at this intersection. 3. This project is included in the draft corridor study just sub- mitted by VDH&T to the Town of Leesburg. 4. Two recent serious traffic accidents illustrate the need for a full grade-separated cloverleaf design. SECTION IV. VDH&T is requested to establish as a primary system project the construction of an extension of the Dulles Toll Road along the Route 643 corridor to a terminus on the Route 7 By-pass, hereinafter referred to as "Loudoun Parkway". This alignment is essential to the future transportation systems of Loudoun and Leesburg for these reasons: 1. A true radial route will be established from Leesburg, reducing congestion on Route 7 east of the By-pass. 2. This alignment reflects current county and town planning and transportation policy. 3. This alignment provides the most direct routing of east-west regional traffic through Leesburg. 4. The Loudoun Parkway will facilitate Leesburg Airport's role as a major satellite reliever facility for the Dulles International . Airport. 5. The Loudoun Parkway will provide a potential opportunity for the future expansion of light rail service to Leesburg. SECTION V. While its informationis principally limited to media reports, this Council maintains grave reservations concerning a private toll road from Dulles International Airport to Route 7 via Route 659. A road of this regional magnitude should not be located or controlled to serve private interests, but rather should be developed and owned by the Commonwealth to serve all of Northern Virginia's citizens by addressing the full complement of economic development,- transportation and safety needs which will be served through implementation of the Route 643 alignment of the Loudoun Parkway. Vice Mayor Williams asked Town Manager, Jeffrey Minor to give a brief overview of the impact of this resolution. Mr. Minor stated that this resolution precludes a regional meeting of VDH&T to be held in Fairfax tomorrow. The purpose of this meeting is to meet with regional represent- atives regarding the allocation of funds, both primary and secondary projects. The projects impacting Leesburg are the grade-separated interchange for the Route 7/Route 15 bypass, the Catoctin Circle widening, along with the extension of Catoctin Circle to the north, the Route 654 project and the extension of Plaza Street. The resolution also addresses the private toll road that has been proposed. A transportation link of this magnitude should remain in control of the Commonwealth. Mr. Kelley stated that at the Economic Development Advisory Commission meeting the toll road was discussed extensively. The fact that traffic would be "dumped" onto Route 7 near the Xerox property would be detrimental to both Leesburg and Loudoun. The Dulles Toll Road has been a highly successful project and the revenues have allowed the state to refinance their bonds for this. The Route 643 corridor would be a highly visible corridor for this toll road. The present airport expansion along with the proposed development along this corridor would make this area ideal for economic development. The area is also ideal for the disbursement of the traffic in an orderly fashion rather than "dumping" it onto one road. MINUTES OF NOVEMBER 12 1986 MEETING 3 8 3 Mr. Bos also supports the concept of the toll road following the Route 643 corridor as do Messrs. Pelkey, Curry, Tolbert and Williams. Mr. Tolbert had a question regarding the town's share of the costs of these projects. Mr. Minor stated that it would amount to about 5% of the total. Mr. Williams reiterated the fact that the feelings of the Council must be submitted to VDH&T and the proper officials as soon as possible. The integration of a good transportation system is vital at this point, especially with the anticipated growth of the area. The vote on this resolution was as follows: Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None TT Absent: Mayor Sevila 0) 86-247 - RESOLUTION - AUTHORIZING A REQUEST FOR PROPOSALS FOR THE LEASE N OF 6.74 ACRES OF LAND AND THE CONSTRUCTION AND/OR N RENOVATION OF EXISTING AIRCRAFT HANGARS AND T_IE-DOWNS W AT LEESBURG MUNICIPAL AIRPORT CC) Ona motion by Mr. Kelley 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: SECTION I. A descriptive notice of an ordinance entitled: "AN ORDINANCE GRANTING A LEASE TO - , ITS SUCCESSORS AND ASSIGNS, OF CERTAIN PROPERTY AT THE LEESBURG MUNICIPAL AIRPORT,- LEESBURG, VIRGINIA" attached hereto and made a part hereof, shall be advertised once a week for four successive weeks in the Loudoun Times Mirror, a newspaper published in the Town of Leesburg, Virginia, and having a general circulation in the Town of Leesburg; and that said advertisement shall invite proposals for the lease proposed to be granted in the ordinance for the construction and/or renovation of existing aircraft hangars and tie- downs at Leesburg Municipal Airport. SECTION II. The public notice to be published with said ordinance shall be as follows: The Town of Leesburg in Virginia invites sealed proposals for a lease of a portion of Leesburg Municipal Airport for the new construc- tion, and/or rehabilitation of existing aircraft hangars and tie- downs. The ordinance granting a lease at Leesburg Municipal Airport shall be for a lease not to exceed 40 years for a 6.74 acre area. The public notice, request for proposals, supplemental application forms and lease map constitute the invitation to proponents for the lease and is available in the office of the Town Manager, P.O. Box 88, Leesburg, Virginia 22075 during regular business hours. A copy of the full text of the ordinance proposing to grant a lease is on file in the office of the Clerk of the Town, Town of Leesburg, 15 West Market Street, P.O. Box 88, Leesburg, Virginia 22075 during regular business hours. Proposals are to be delivered to the Mayor of the Town in an open session of the Council to be held in the Council Chambers of the Town at 10 West Loudoun Street on December 10, 1986 at 7:30 p.m. The successful bidder shall pay the cost of required legal advertisements. The Town reserves the right to reject any -and all proposals, to waive any informalities and to award the lease in the best interest of the Town. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent : Mayor Sevila 384 MINUTES OF THE NOVEMBER 12, 1986 MEETING 86-248 - RESOLUTION - AUTHORIZING THE CLOSING OF KING STREET BETWEEN LOUDOUN AND MARKET DURING THE "FIRST NIGHT LEESBURG" NEW YEAR'S EVE CELEBRATION On a motion by Mr. Bos and seconded by Mr. Tolbert the following resolution was proposed and unanimously adopted: WHEREAS, the FY 1987 budget for the Town of Leesburg includes an appropriation in the amount of $2500 as a contribution to assist-With expenses for the "First Night Leesburg" New Year's Eve celebration; and WHEREAS, this event promises to provide a safe, non-alcoholic alterntive to traditional New Year's Eve festivities; and WHEREAS, this event will promote the economic development of downtown Leesburg; and I ' WHEREAS, "First Night Leesburg" promises to offer significant cultural and entertainment opportunities to Leesburg's citizens; and WHEREAS, the "First Night Leesburg" committee has asked that King • Street between Market and Loudoun be closed to traffic during the event to .. help stage some of the entertainment activities: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. "First Night Leesburg" is endorsed as a family alternative to traditional New Year's Eve celebrations. SECTION II. The manager is authorized to issue a permit under Sec. 10-13 of the Town Code to the "First Night Leesburg" committee to close King Street between Loudoun and Market on December 31, 1986, with. the specific hours of closing and other conditions to be determined by the manager and chief of police. SECTION III. The closing of King Street shall also be conditioned on receipt of a $1,000,000 public liability insurance policy, naming the town as an additional insured, with respect to insuring the town against any liability for personal injury or death and damages to property occurring as a result of the use of Leesburg Streets for "First Night Leesburg". Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila NEW BUSINESS 86-249 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR SOUTH RAVEN SUBDIVISION On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the town's Director of Engineering has reviewed the public improvements installed to date in the South Haven Subdivision and certifies that the value of work performed is $80,408; and WHEREAS, a letter of credit from Farmers and Merchants National Bank in the amount of $272,626 has been provided by the developer and approved by Council to guarantee installation of public improvements in the South Haven Subdivision: MINUTES OF THE NOVEMBER 12, 1986 MEETING 3 8 5 THEREFORE, RESOLVED by the Council of the Town of Leesburgiin Virginia as follows: SECTION I. The Farmers and Merchants National Bank letter of credit in the amount of $272,626 is reduced to $192,218. SECTION II. The manager shall notify the developer of the South Haven Subdivision that liability for letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for the South Haven Subdivision. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila CD N 86-0-55 - ORDINANCE - RENAMING DAVIS AVENUE WITHIN THE LEESBURG GATEWAY RJ SUBDIVISION TO GATEWAY DRIVE W M On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following Cr ordinance was proposed and unanimously adopted: WHEREAS, Davis Avenue within the Leesburg Gateway Subdivision is no longer planned as direct connection to Davis Avenue at South King Street; and WHEREAS, it is in the public interest to rename this street to avoid future problems in the delivery of fire and rescue services: i DAINED by the Council of the Town of Leesburg in Virginia as followORs: SECTION I. Davis Avenue within the Leesburg Gateway Subdivision is renamed Gateway Drive. SECTION II. This ordinance shall be in effect upon its passage. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila 86-250 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR THE LINDEN HILL PLANNED DEVELOPMENT On a motion by Mr. Tolbert and seconded by Mr. Kelley the following resolution was proposed and unanimously adopted: WHEREAS, the Town Council has approved the final development plan for the Linden Hill Planned Development; and WHEREAS, the Director of Engineering has found that the construction value of public improvements in this development is $143,000 and the construction value of the Linden Hill Way is $16,000; and WHEREAS, Stiction 13-91(A)(2) of the Subdivision and Land Development Regulations require bonding of all improvements listed in Sec. 15.1-466(f) of the Code of Virginia which authorizes the Town to require bonding for "site related improvements required by local ordinances for vehicular ingress and egress, [and] for public access streets;" and 386 MINUTES OF NOVEMBER 12, 1986 MEETING WHEREAS, Linden Hill Way will be located within an easement for public access and the construction of this road is required by Zoning Map Amendment #ZM-60: THEREFORE, 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 Linden Hill Development Corporation of Leesburg, Virginia, for installation of public improvements shown on the plans approved by the Director of Engineering for Linden Hill Planned ' Development. SECTION II. The extension of municipal water and sewer works for the Linden Hill Planned Development is approved in accordance with Stiction 15-9 and 15-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from First American Bank of Virginia in the amount of $159,000 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for the Linden Hill Planned Development. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila 86-251 - RESOLUTION - AUTHORIZING THE SALE OF PROPERTY OWNED. BY. THE TOWN OF LEESBURG IN LOUDOUN COUNTY, TAX MAP 76, PARCELS 46 AND 47 On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Town of Leesburg owns in fee simple two parcels of land along Route 860 near Arcola in Loudoun County; and WHEREAS, the use permit for a sanitary landfill on a part of these parcels was voided by the Town's 1984 'Annexation Agreement 'with Loudoun County; and WHEREAS, this land is -no longer used for a police firing range as a new facility has been constructed at the town's water treatment plant; and WHEREAS, this land is no longer appropriate or needed for any public purpose; and WHEREAS, this Council hereby declares said parcels to be surplus; and WHEREAS, the town attorney has advised the Council that it has proper title sufficient to convey this tract pursuant to Paragraph 15.1-307 of the 1950 Code of Virginia as amended; and WHEREAS, each parcel represents a conforming building lot within the county A-3 zoning district: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to advertise, through the Loudoun Times Mirror and other means as appropriate, the sale of Parcel 47 shown on Tax Map No. 76, representing approximately 13.3 acres at a purchase price of $69,995 and Parcel 46 shown on Tax Map No. 76, representing approximately 9.4 acres for a purchase price of $65,000. 38°7; MINUTES OF THE NOVEMBER 12, 1986 MEETING SECTION II. The Council •will consider sales contracts which include a 68 real estate commission. SECTION III. All purchase offers shall be in writing on forms approved by the town attorney and shall include a good faith deposit of $2,000. SECTION IV. If both parcels are purchased together, the combined purchase price shall be reduced to $128,000. Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila Since there were no further items for discussion at this time it was CD moved by Mr. Tolbert and seconded by Mr. Pelkey that the meeting be N adjourned at 9:55 p.m. N Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice WW Mayor Williams Q Nay: None ' Mayor 7de Clerk of ouncil