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HomeMy Public PortalAbout1987_02_11 434 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 11, 1987 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 'Loudoun Street, SW; Leesburg;. Virginia on February 11, 1987, at 7:30 p.m. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert followed by the Salute to the Flag led by Mr. Curry. Present were Mayor Robert E. Sevila, Councilmembers Arl Curry, Brian Kelley, Hunter Leach, John Tolbert, Jr. , and Charles Williams. Councilmember Jerry Pelkey was absent. Staff member present were Town Manager, Jeffrey Minor, Director of Engineering and Public Works, Tom Mason, Director of Planning, Zoning and Development, Martha Mason-Semmes, Director of 'Finance, Paul York, Planner, Susan Sherman and Town Attorney, George Martin. Members of the Planning Commission present were Messrs. Belles, Webb, Clem, Jackson, Gheen and Curry. JOINT PUBLIC HEARING WITH PLANNING COMMISSION TO CONSIDER AN AMENDMENT TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING THE MAXIMUM LENGTH OF DEAD END (CUL-DE-SAC) STREETS Mayor Sevila asked if there was a quorum of the Planning Commission present and it was affirmed by Chairman Webb that there was a quorum present. The staff report was presented by Martha Mason-Semmes who stated that this was initiated by the Planning Commission in response to developers' concerns and the variances in the current legislation. This proposed legis- lation would allow greater flexibility and the development community would have to assure that adequate water lines and pressures would be installed to meet the demands. The proposed maximum length of a cul de sac would increase ' , from 600 feet to 1200 feet through this legislation. The public hearing was closed at this time since there was- no comment from the public. The matter was referred to the Planning Commission for further consideration and presentation to Council later this evening. Mayor Sevila said one concern he had was if it would be appropriate to vary the length of the cul-de-sac regulation in accordance with what type of development is proposed on the cul-de-sac. COUNCILMEMBER COMMENTS Mr. Williams reported on the Parks and Recreation Committee meeting which was held to review the Request for Proposal for the Park. The Committee felt that the RFP was inclusive of all requests and approved it with only minor changes. Mr. Williams attended the EDAC meeting and found it to be very informative. He welcomed Mr. Leach as the Council's newest member adding that Mr. Leach has had prior experience and will be a valuable asset to the Council. Mr. Leach thanked Mr. Williams and stated that he is looking forward to contributing to the many tasks that face the Council. Mr. Curry was not in attendance at the last Planning Commission meeting but did state that the Commission had met with the transportation committee and the meeting was successful. Mr. Kelley reported on the Economic Development Advisory Commission meeting. He said that one goal was the potential for having an Economic Development official of the Town. This was the topic of discussion at the meeting, and the Commission hopes to have a recommendation to Council sometime in March. Secondly, several Councilmembers attended the Virginia Municipal League's legislative day in Richmond last week. The topic of discussion was the Toll Road. Several officials of the highway department were present and they explained their timeframes, purpose, methods and what the town can do to request the toll road be extended to the Bypass. Mr. Tolbert stated that several meetings had been held regarding the Clubhouse Drive realignment and that a proposal should be available in the near future. He also read the 1986 Governor's Award which was presented to the Keep Loudoun Beautiful organization for their efforts within Leesburg. MINUTES OF THE FEBRUARY 11, 1987 MEETING 4 3 3 Mayor Sevila attended the Cable Commission meeting last night and reported that Prime Cable has 2,809 basic services in place, an increase of approximately 70 units since December. The Commission is reviewing the performance of Prime Cable and this report should be available in about two months. Mayor Sevila congratulated those staff members who were selected to receive performance awards, saying that this indicates another successful year for the staff. MANAGER'S REPORT Highlighting items from the activity report, Mr. Minor reported that a contract had been entered into with Petullo, Simmons and Associates for the design of the Cornwall Street storm drainage project. The project will be underway this spring. Boring tests have been performed in the town parking lot for the purpose of geotechnical recommendations for the design competition program. Steve Owen attended a Virginia Aviation Board meeting in Richmond this past week and he was successful in receiving additional funds for airport N projects. There is a new fund, the Commonwealth Fund, which was established as an •additional. source of funds for airport projects. This fund has given W the town $16,000 for the landscaping of the -airport facility. There has COalso been a .grant for the upgrading of ,promotional materials awarded. The Fixed Base Operator has generated interest in the provision of an Instru- ment Landing Approach System. This includes a localizer and glide slope indicator. The Virginia Aviation Board has approved funds for both the instrument and the site acquisition and land preparation requirements. _ Additional funding for this will come from the Federal Aviation Administra- tion, leaving approximately five percent which will be locally funded. Mayor Sevila asked what the employee health fair is. Mr. Minor stated this was a program sponsored by the hospital in which they do various diag- nostic testing on the employees for a minimum fee. At this time, the Petitioners portion of the agenda was reopened since several people had arrived late but wished to address Council. Richard Herndor was present to ask the Council for consideration in the zoning legislation proposed for passage this evening regarding Market Station. They are concerned about the townhouses/condominiums proposed for the site, along with the commercial development in the area. The concern centers around parking in the area. He stated that their lot fills very quickly with Market Station customers and employees. .. Gary James told the Council about the towing that is so often required because of the overflow, parkers- from Market Station. He stated that they only tow. when it becomes absolutely necessary, allowing many employees and customers to park in their lot. He said that if they towed every employee and customer of Market Station, it would require a tow truck to beat their- lot every day, for several hours. The major. inquiry is about the proposed commercial development in the old livestock.area. . Mr.- James was under the impression that this area was to be a parking lot, not more development. This will provide an acute parking shortage inthe. area and will create not only ill will between the merchants, but also against the town by visitors. They are asking that this request be delayed for a few weeks to study the traffic flow and parking patterns .in .the area. Bruce Brownell stated that the proposal for now is about 18,000 square feet of- non-residential development. Asfar as the parking issue, he agrees that there is a definite problem and it will get worse as the area is developed. This rezoning does provide about 115 spaces which should be more than enough- for the proposed 'development. The tenants of Market Station are encouraged to park in areas other than the two town lotsandthe Lee's lot across the street. Another parking lot in the Madison House area may be a long term solutionto the problem. As far as the condominium development, this will be controlled since it is a. project for the elderly-and there should not be as many vehicles involved. 436 MINUTES OF THE FEBRUARY 11, 1987 MEETING Mr. Minor stated that one problem is pay parking vs. free parking. He said that he had often observed available space in the Vinegar Hill, South Street and street parking areas. Mr. Curry asked how tenant parking would be controlled for the new elderly condominium project. Mr. Brownell stated that they could lease these units and restrict the number of vehicles allowed. Also, the uses for the commercial development would directly correlate to the number of parking spaces recuired to accommodate users of this development. The Mayor asked Martha Semmes to describe the number of parking spaces that are required under the zoning ordinance. She stated that 107 spaces are required which will be adequate for the proposed development. Alton Echols, the landlord of the Lee's shopping center area, agreed with the elderly housing development and stated that he felt that the commercial development should be kept to a minimum. He compared the size of his commercial development with that proposed in the livestock yard area. His commercial area is larger on two and a half acres. The development that is proposed is almost as large on one and a half acres of land. He called for more careful analysis of the parking requirements for the area. Mr. Burnett is also feeling the parking squeeze behind his building. He does feel that some of the other lots in the area can utilize a gate system whereby he cannot because of the nature of his commercial area. People will not grocery shop when they must use a gate system to park. He will support this development following a more comprehensive study. ., Lou Dilda, addressing the ZM-76 situation, feels that the condo- miniums proposed for the area are a good idea and would like to see it approved. At this time there was a five minute recess. The Mayor called the meeting back to order and stated that the Planning Commission Chairman, Bill Webb, has reported on the cul-de sac lengths proposed in the public hearing legislation. He asked that the Commission be allowed to consider this item at their regular meeting and report further on it. This will put this item on the next regularly scheduled Council meeting agenda in two weeks. LEGISLATION 87-0-4 -ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING HISTORIC DISTRICT REGULATIONS On a motion by Mr. Williams and seconded by Mr. Kelley the following ordinance was proposed with amended language in Section I and adopted: WHEREAS, the Council on August 27, 1986, initiated an amendment to the Leesburg Zoning Ordinance to extend and clarify the Historic District Regulations adopted in 1963 as Article 10A; and WHEREAS, this amendment has been recommended by the Board of •Architec- tural Review; and WHEREAS, a public hearing of the Planning Commission was held on this amendment on November 6, 1986; and WHEREAS, the Planning Commission recommended to Council approval of this amendment on November 20, 1986; and WHEREAS, a public hearing of the Council was held on this amendment on January 28, 1987; and WHEREAS, this amendment is in the interest of the public necessity, convenience, general welfare and good zoning practice: MINUTES OF THE FEBRUARY 11, 1987 MEETING 437 THEREFORE, RESOLVED 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 3B: Historic District Regulations, to include amendment set forth in the February 9, 1987 -memorandum from Susan Sherman, . SECTION II. The prior Article 10A of the Leesburg Zoning Ordinance, Section 750 of the Loudoun County Zoning Ordinance, as adopted and adminis- tered 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. Williams and Mr. Curry stated that this piece of legislation was N carefully considered by the.Planning Commission and staff members and it is a very positive pieceof legislation. W Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Q Nay: None Absent: -Councilmember Pelkey • 87-0-5• - ORDINANCE - AMENDING THE• ZONING, MAP FOR @ZM-78, -MARKET SQUARE - • - ASSOCIATES, INC. - On a motion by Mr. Kelley and seconded by Mr. Williams, the following ordinance was proposed and unanimously adopted: WHEREAS, Rezoning Application $ZM-78 by Market Square Associates, Inc. to rezone 1.47 acres of land .fromM-1 to B-2 was- initiated-by theCouncil and referred to the Planning Commission for recommendation on June 25, 1986; and WHEREAS, the applicant •submitted draft proffers to the Commission September 25, 1986; and WHEREAS, the Planning Commission held a public-hearing on this application on August 7, 1986; and . WHEREAS, the Planning-Commission on October-16, 1986, recommended to Council approval of this rezoning:application subject to the draft proffers and several additional conditions; and WHEREAS, the applicant amended the application to request B-1, rather than B-2 zoning and submitted a written notarized proffer statement prior to the Council public hearing on this application; and WHEREAS, the Council held a public hearing on this application on January-14, 1987, at which time persons desiring to express their opinions were heard; and. • WHEREAS, the applicant further amended the- application -and proffer statement which will resultin a less intensive -use. than- originally proposed; and WHEREAS, this Council finds the proposed rezoning to be in the best interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of. the Town of Leesburg. in Virginia as follows: 438 MINUTES OF THE FEBRUARY 11, 1987 MEETING SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from M-1 to B-2, 1.47 acres of land located on Tax Map 48A, Block 38, Parcels 2A,3,4,6,7 and 6 on the east side of South Harrison Street and bounded by Depot Court on the South, South Harrison Street on the west, land of N/F Crawford, Campbell and Taylor on the north and Freedman and Messick, Inc. on the east, as described on plats prepared by Bengtson, DeBell, Elkin and Titus, dated March 7 and March 12, 1986, subject to the following proffered conditions submitted on February 4, 1987, in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as amended: 1. Occupancy of each of the proposed 48 residential dwelling units will be in accordance with the Town of Leesburg Zoning Ordinance provisions regarding housing for the elderly. In the event that more than one person occupies a unit, at least one of the occupants must qualify. Units occupied by maintenance or security personnel, or staff in con- junction with the elderly housing shall be exempt from this requirement. 2. Screening will be provided adjacent to the eastern property currently used as an auto salvage yard. Screening will at a minimum conform to the Town's site plan requirements, and the Planning Commission may require additional or special screening if necessary to provide a visual screen between the auto storage yard and Harrison Street. 3. Street furniture (benches and tables, etc) will be provided along the Harrison Street frontage as deemed appropriate by the Town of Leesburg at the site plan stage. 4. The second floor use and occupancy of the existing Pullen Garage structure will be restricted to community uses which are not in conflict with the adjacent elderly housing. complex. Those uses may include (by illustration) social or fraternity groups, performing arts, audi- toriums, meeting halls, libraries or civic group meetings. Office areas and or support areas in conjunction with these uses shall also be per- mitted (such as food preparation or storage) or local, state or federal offices which administer community programs. 5. The permitted commercial uses in the commercial area of the proposed buildings shall not include any of the following uses: Any residential use Funeral homes Convenience retail Laundry Private club or fraternal lodge Bowling alley Kennels Warehouse Automobile related Church Restaurants Dormitory 6. The final architectural plans for the proposed buildings shall be subject to the approval of the Town Council. SECTION II. This ordinance shall be in effect upon its passage. Mr. Curry commented that the Planning Commission had monitored the density of this development very closely and feels that the developer has met all the requirements for proposed parking in the area. Mayor Sevila agreed that all efforts to this extent have been made and feels that this cannot be held up merely because there is an existent parking problem in the general area of the proposed development. He assured those members of the public that aired their concerns about this problem that the town will take this matter into consideration. Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None Absent: Councilmember Pelkey MINUTES OF THE FEBRUARY 11, 1987 MEETING 4 3 9 At this time Mayor Sevila turned theconsideration of the following ordinance over to Mr. Williams to chair. Mr. Williams suggested that item F, a resolution denying rezoning application #ZM-76 by A. C. Echols, Jr., and J. Lynn Cornwell, Jr., Trustees, be removed from the agenda. 87-0-6 - ORDINANCE - AMENDING THE ZONING MAP FOR #ZM-76, A.C. ECHOLS, JR. AND J. LYNN CORNWELL, JR. , TRUSTEES • On a motion by Mr. Kelley and seconded by Mr. Tolbert the following ordinance was proposed and adopted: WHEREAS, Rezoning Application #ZM-76 by A. C. Echols, Jr., and J. Lynn Cornwell, -Jr., Trustees to rezone 8.8- acres from R-3 to B-2 at the west end of Gateway Drive was received by Council and referred to the Planning Com- mission for recommendation on April 23, 1986; and WHEREAS, the applicant amended the application to request 4 acres of B- CD 2 land and 4.8 acres of R-4; and NWHEREAS, the Planning Commission held a public hearing on this applica- W tion on June 5, 1986; and CO WHEREAS, the Planning Commission on June 5, 1986, recommended to Council approval of the rezoning contingent on rezoning the entire tract R-4 and additional conditions relating to road construction and submission of a development plan for the project; and - - WHEREAS, the Council held a public hearing on this application on August 13, 1986, prior to which the applicant amended the application to request 4.8 acres of R-4 land and 4 acres of B-1 zoning and submitted a written, notarized proffer statement; and WHEREAS, a revised concept plan proffered in conjunction with this application was subsequently withdrawn; and WHEREAS, a revised concept plan was submitted for the area proposed for R-4 zoning north of Gateway Drive, necessitating a new public hearing; and WHEREAS, the Council held a second public hearing on the revised rezoning application on January 28, 1987,- priortowhich written, notarized proffers were submitted by the applicant; and WHEREAS, this Council finds this rezoning to be in the interest of the public necessity, convenience, general welfare and good zoning practice; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is revised to amend the Zoning District Map for 8.8 acres of land located south of the intersection of Shenandoah Street, SW and Roanoke Drive and bounded by Virginia Knolls, Section 2 on the northeast, the land of NVLand on the south, Hakim Associa- tes on the west and Leesburg Gateway nd Leesburg Station on the east, as shown on a plat prepared by Bengtson, DeBell, Elkin and Titus dated August 21, 1986, to change from R-3 to R-4, 4.8 acres of land on the north side of O proposed Gateway Drive, extended, and to change from R-3 to B-1, 4.0 acres of land on the south side of Gateway Drive extended, is approved subject to the following proffered conditions submitted on February 11, 1987 in accord- ance with Section 15.1-491(a) of the Code of Virginia as amended: 1. The R-4 property will be developed in general conformance with the Concept Plan developed by Bengtson, DeBell, Elkin & Titus, P.C. , dated October, 1986. A maximum of 126 dwelling units will be developed on the property. Environmental controls, such as the stormwater manage- ment pond, on-site drainage, and landscaping as shown on the said Concept Plan, will be established to protect the adjacent residential properties. To the extent practical, site grading will minimize the differential topography between these units and town house units on 440 MINUTES OF THE FEBRUARY 11, 1987 MEETING the adjacent parcels. In addition to the buffering and landscaping required by Ordinance, a 6-foot high wood-on-wood fence will be constructed between the apartments and adjacent residential properties. 2. The architectural exterior elevations of the residential units shall be equal to the residential character established by the submitted elevations and such developments as Fox Chapel. Exterior materials of construction will be a mixture of siding on the rear and architectural brick on the front and. side elevations. _ Exterior elevations shall be as approved by the General Board of Architectural Review with the standard of review to be the submitted elevations and the Fox Chapel development. If no such Board is established at time of development, elevations will be submitted for review to the Town Council. 3. The land owner shall execute a covenant running with the land that shall create a scenic easement and easement of use for the benefit of adjacent landowners over the parcel of land between the six foot fence and the land of the adjacent townhouse owners. 4. No apartments shall be constructed on the portion of the land south of Gateway Drive extended being rezoned to the B-1 district. 5. The owner will dedicate land for a 60-foot right-of-way for the extension of proposed Gateway Drive through the property to its western boundary where it adjoins the land of Hakim Associates. The land shall be dedicated at time of subdivision, and as shown on the aforementioned rezoning plat. In addition, the owner will construct road improvements within the said 60-foot right-of-way at time of development and upon approval of appropriate site plans and subdivision plats. Owner will construct a temporary cul-de-sac at the terminus of the road at the western boundary of his property. 6. A pro rata share of the capital and installation costs of a traffic signal at the intersection of Route 643 and the Route 15 Bypass will be donated at the time that zoning permits for above-referenced property are issued. Said pro rata share is to be based on the average number of trip ends generated by the development on said property. Average weekday vehicle trip ends will be determined by use of the Institute of Transportation Engineers Trip Generation Book, latest edition. Average weekday vehicle trips at the intersection for pro rata share contribution will be determined by Town Staff, utilizing the latest traffic study pertaining to that intersection. 7. A Homeowner's Association, with appropriate covenants, will be established with participation by each residential unit; said associa- tion is to assume financial and legal responsibility for common areas which shall include recreational, landscaping, parking, and other physical improvements that will not be dedicated to the Town of Leesburg. In addition, the Homeowner's Association shall be respon- sible for the maintenance of all exteriors of the buildings as well as the interior common areas. The Association's charter and accomp- anying documents shall be reviewed by the Town Attorney before record- ation. SECTION II. This ordinance shall be in effect upon its passage. Mr. Curry had some discussion on the history of approved rezonings and housing mix, cautioning that some of the decisions are going against the town plan. He said that 964 units have been approved in various develop- ments around town. He said that 68% of these units are multifamily dwellings whereas, only 20% are single family units. The remaining 12% pertains to townhouses. He feels that it is time to get back to the proper housing mix and to slow down on the approval of multi-family units. Mr. Kelley agrees with Mr. Curry, however, he pointed out that there are many single-family homes that are being proposed in various developments around town. This, he feels, will certainly balance out the housing mix, and he favors the rezoning. MINUTES OF THE FEBRUARY 11, 1987 MEETING 4.4.1 Mr. Curry brought up the development of over 600 multi-family units that areproposed in the California Road area which were previously approved by the County and which the townwillhave little control over. - Mr. Williams commented-that the town attorney has the opportunity to review these proffers and report-back to Council his impression of them. He then asked Mr. Minor if the staff had reviewed these proffers. Mr. Minor said that they had and for the most Tart the revised proffers satisfy the concerns of the staff. - - Mr. Williams went on to say that he had heard the comments of many citizens. He feels the rezoning should--benefit the public interest and that there does not seem to be a need for too many multi-family units. His first impression was that the Lokey development was a good proposal, but now he is concerned about the high density and the traffic that will be generated by it. He feels the present R-3 zoning presents the applicant with the sufficient number of units for development. By roll call, the vote was as follows: n I Aye: Councilmembers Kelley, Leach, and Tolbert ^ ,I Nay: Councilmembers Curry and Williams CO Abstain: Mayor Sevila Q Absent: Councilmember Pelkey On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following ordinances and resolutions- were•'considered as consent items and adopted accordingly: 87-0-7 - ORDINANCE --AMENDING-CHAPTER 12.1 OF THE TOWN CODE REGARDING II/ REVISED,PAY AND CLASSIFICATION PLAN ORDAINED by the Council of the Town of Leesburg in Virginia as'follows: SECTION I. Section 12.1-10 of the Town Code, Classification of town employees by occupational group and pay grades, is amended to read as- follows: Sec. 12.1-10. Classification of town employees by occupational groups and pay grades. Employees in the town service are classified in the following occupa- tional groups and pay grades:- - - - - Occupational - - - Pay Groups Positions Grade Executive-Managerial Zoning Administrator/Land 17 Development Planner Director of Utilities 21 " - " - Director of Finance 21 Director of Engineering and - - 23 Public Works " - - - Assistant Director of Engineering 21 and Public Works Director of Planning, Zoning & 21 Development " Assistant Town Manager 20 Law Enforcement Parking Meter Attendant 5 " n - Police Private - 13 Private First Class 14 Corporal 15 Sergeant 16 Lieutenant 17 " Captain 18 " Chief of Police 20 442 MINUTES OF THE FEBRUARY 11, 1987 MEETING Occupational Pay Groups Positions Grade Administrative-Clerical Receptionist/Secretary 6 Secretary 7 Police Clerk 8 Accounting Clerk I 8 Accounting Clerk II 9 Administrative Assistant 9 Admin Zoning & Devel Assistant - 11 Executive Secretary 10 Clerk of Council 10 Deputy Clerk of Council/ 7 Planning Secretary Supervisory Shop Superintendent 15 " Water Supply Superintendent 16 " Street Superintendent 16 Utility Lines Superintendent 16 WPCF Superintendent 16 Technical Utility Maintenance Assistant 7 • Senior Equipment Operator 10 " Finance Technician 9 Utility Plant Operator Assistant 8 " Assistant Street Superintendent 11 " WPCF or Water Operator A 11 " WPCF or Water Operator B 10 " Asst. Utility Lines Superintendent 11 Utility Plant Maintenance Foreman 12 Laboratory Supervisor 13 Capital Projects Coordinator 15 Chief Inspector 15 Assistant WPCF Superintendent 12 " Facility Inspector 14 Professional Chief, Plan Review 19 " Engineer II 17 " Principal Planner 17 " Assistant Director of Finance 15 " Planner I 14 Construction/Maintenance Laborer 6 Maintenance Person I 8 Maintenance Person II .. 10_ Laborer, part-time 4 Mechanic 9 SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon its passage 87-26 - RESOLUTION - APPROVING THE FINAL PLAT OF THE FOXRIDGE, PHASE 1 SECTION 5 SUBDIVISION, APPROVING A CONTRACT FOR PUBLIC IMPROVEMENTSS AND APPROVING WATER AND SEWER EXTENSIONS WHEREAS, Section 13-59(e) of the Subdivision and Land Development Regu- lations requires Town Council approval of cluster subdivisions; and WHEREAS, the concept of this cluster subdivision was approved by agree- ment between the Town of Leesburg and the developer in August of 1981; and WHEREAS, Phase I, Section 5 is in substantial conformity with that agreement; and WHEREAS, the Finance and Administration Committee has reviewed and recommends this cluster subdivision; and WHEREAS, the Director of Engineering has certified the amount of public improvements: MINUTES OF THE FEBRUARY 11, 1987 MEETING 143 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. he final plat of Foxridge, Phase I, Section 5 cluster subdivision dated January 16, 1987, is approved contingent on approval of the construction drawings by the Director of Engineering and any minor modifications to the plat required as a result of construction drawing review. SECTION II. The manager shall execute a contract for public improvements. SECTION III. The irrevocable letter of credit in the amount of $34,118 from First American Bank of Virginia to guarantee installation- of public improvements, in accordancewithplans approved by the Director of • - Engineering -is approved. - . SECTION IV. The extension of municipal water and sewer works is mm approved in accordance with Section 15-9 and 19-18 of the Town Code: • a) • N 86-27 - RESOLUTION - AUTHORIZING A CONTRACT WITH CAMP DRESSER AND MCKEE ^ ' FOR PREPARATION OF THE -WATER- AND SEWER SYSTEMS MASTER l V' . 1 • PLAN - - r CO • W WHEREAS, the town's original water and sewer master plan proposal was Q expanded to include a computer model of the utility study area and recom- mendations for an automated utility records management system; and . WHEREAS, the Town of Leesburg received proposals on December 22, 1986 from- consulting engineering- firms- to provide these services; and WHEREAS, the selectioncommittee interviewed the two highest ranked firms in accordance with Section 8-3 of thepurchasingregulations; and WHEREAS, the selection committee ranked Camp, Dresser & 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 cost plus fixed fee contract on behalf of the Town, in a -form approved- by- the town attorney with Camp, Dresser & McKee in the amount of $99,000.00 for the preparation of Water and Sewer Systems Master Plans and related engineering services. SECTION II. An additional appropriation is-made• from-the Utility Fund unappropriated balance in the amount of $50,000.00 to Account No. 3110.700. 090.300 for the fiscal year ending June 30, 1987. 87-28 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 18 -TO R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc; and - - • WHEREAS, Section III of Resolution 85-80, adopted May 22, 1985,-•by the Council of the Town of Leesburg provides: "The Councilatits option- will require prior approval of all requisitions for payment under this contract"; and WHEREAS, the contractor has submitted Payment Request No. 18 on January 29, 1987 and Camp, Dresserr & McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering and Public works has recommended payment of Payment Request No. 18 in the amount of $334,720.00. 444 MINUTES OF THE FEBRUARY 11, 1987 MEETING THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $334,720.00 ($352,336.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 18 for the Wastewater Treatment Plant Expansion Project. 87-29 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR LEESBURG GIANT 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) for installation of public improvements shown on the plans approved by the Director of Engineering for Leesburg Giant. SECTION II. The extension of municipal water and sewer works for Leesburg Giant is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the Town Attorney in an amount certified by the Director of Engineering is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering. _. 87-30 - RESOLUTION - AMENDING THE ESTABLISHED POSITIONS AND NUMBER OF EMPLOYEES IN THE TOWN'S SERVICE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The following positions and numbers of employees in the town service as established for the fiscal year that began on July 1, 1986, and as since amended, is hereby amended again as follows: Number of Full-time Equivalent Positions Authorized Employees Authorized LEGISLATIVE DEPARTMENT Clerk of Council 1 Deputy Clerk, part-time .5 EXECUTIVE DEPARTMENT Manager 1 Assistant Town Manager 1 Executive Secretary 1 Receptionist/Secretary, part-time .5 Administrative Assistant 1 Temporary .25 FINANCE DEPARTMENT Director of Finance 1 Accounting Supervisor 1 Accounting Clerk I 2 Accounting Clerk II 1 Finance Technician 1 POLICE DEPARTMENT Chief of Police 1 Captain 1 Lieutenant 2 Sergeant/Investigator 4 Corporal 4 f MINUTES OF THE FEBRUARY 11, 1987 MEETING 415 Number of Full-time Equivalent Positions Authorized Employees Authorized POLICE DEPARTMENT, continued Private, 1st Class 5 Private 5 Police Clerk 1 Parking Meter Attendant 1 ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering and Public Works 1 Assistant Director of Engineering and Public 'Works 1 Administrative Assistant 1.5 Engineering and Inspections - T Capital Projects Coordinator 1 CD Chief, Plan Review 1 N Engineer II 2 N Chief Inspector 1 Ww Facility Inspector 2 CO Streets, Buildings and Grounds Division Q Superintendent - - • 1 Assistant Superintendant 1 Maintenance Person I 6 Maintenance Person II 0 Laborer 6 Laborer, temporary 1 Equipment Maintenance Division Superintendent 1 Senior Equipment Operator 1 Mechanic 2 Laborer 1 PLANNING, ZONING AND DEVELOPMENT Director of Planning, Zoning and Development 1 Zoning Administrator/Land Development Planner 1 Zoning and Development Assistant • - 1 Principal Planner 1 Planner I 1 Secretary - .5 Receptionist/Secretary .5 UTILITIES Water and Sewer Administration Director of Utilities 1 Laboratory Supervisor 1 Maintenance Foreman '1 Administrative Assistant .5 Maintenance Assistant 1 Water Pollution Control Division Superintendent 1 Assistant Superintendent 1 Operator A 2 Operator B - 1 ' Operator Assistant - 1 Laborer - 1 Laborer, part-time .25 446 MINUTES OF THE FEBRUARY 11, 1987 MEETING Number of Full-time Equivalent Positions Authorized Employees Authorized UTILITIES, continued Water Supply Division Superintendent 1 Operator A 2 Operator B 1 Operator Assistant 1 Laborer, temporary .25 Utility Lines Division Superintendent 1 Assistant Superintendent 1 Maintenance Person I 2 Maintenance Person II 2 Laborer 2 Laborer, temporary .25 Total Personnel Authorized Full-time 97 Part-time or temporary (expressed as equivalent to full time of total staffing complement) 3.5 87-31 - RESOLUTION - MAKING AN APPROPRIATION FOR A NEW POSITION IN THE ENGINEERING AND PUBLIC WORKS DEPARTMENT RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the unappropriated General Fund balance for the Fiscal Year ending June 30, 1987 to the following Engineering and Public Works Department accounts: Account Number and Name Amount 200.3401.100.010 Salaries and Wages $13,500 200.3401.200.011 FICA 1,000 200.3401.200.020 VSRS 1,320 200.3401.200.050 Hospitalization 400 200.3401.200.060 Life Insurance 135 200.3401.200.070 Disability 85 200.3401.200.090 Worker's Compensation 35 Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None Absent: Councilmember Pelkey 87-32 - RESOLUTION - APPROVING SPECIAL EXCEPTION APPLICATIONS 86-1A AND 86-1B BY MARKET SQUARE ASSOCIATES, INC. FOR MULTI- FAMILY RESIDENCES IN THE BB=1 ZONING DISTRICT AND FOR ADDITIONAL ONE-BEDROOM UNITS IN THE H-1 ZONING DISTRICT On a motion by Mr. Kelley and seconded by Mr. Williams the following resolution was proposed and unanimously adopted: WHEREAS, Special Exception Applications 86-1A and 86-18 were submitted by Market Square Associates, Inc., on June 26, 1986, requesting 72 one- bedroom dwelling units for the Harrison Place elderly housing project on 1.47 acres of land located on Tax Map 48A, Block 38, Parcels 2A, 3, 4, 6, 7 and 8; and MINUTES OF THE FEBRUARY 11, 1987 MEETING ,4 47 -WHEREAS,- the Planning Commission on October 16, 1986 recommended to Council approval with conditions of Special Exception 86-1A for multi-family units in a B-1 zoning district and recommended to Council denial of Special Exception- 86-1B for additional density within the H-1 zoning district based 1 on an amended request for 64 elderly housing units; and WHEREAS, this Council held a public hearing on these special exception applications on January 14, 1987, at which time persons desiring to express their opinion were heard; and WHEREAS,. the applicant subsequently amended Special Exception -Applica- tion 86-1B. to reduce the• requestediadditional density from 20 units to 4 units; and I ,WHEREAS, the applicant has agreed to a- number of conditions that will help protect the public interest; and - . . . . .., I - WHEREAS, this Council finds- that Special. Exceptions 86-1A and 86-1B T meet the standards set forth in Section 8-2-11-11A and Section 8-2-11-11, CD respectively of the Leesburg Zoning Ordinance: I WN THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: [n SECTION I. Special Exception Applications 86-1A and 86-1B by Market Q Square Associates, - Inc., for the Harrison Place elderly housing project located on Tax Map 48A, Block 38, Parcels 2A, 3, 4, 6, 7, and 8 to permit 44 multi-family dwellings in the B-1 zoning district and to permit- four additional one-bedroom- dwelling units in the H-1 zoning district„ for a total of 48 dwelling units, areapprovedsubjectto the- following conditions deemed necessary to protect the public interest: 1. Occcupancy of each of the proposed 48 residential dwelli"g units shall II/ be in accordance with the Town of Leesburg Zoning Ordinance provisions regarding Housing for the Elderly. In the event that more than-one person occupies a unit, at least one of the occupants must qualify. Units occupied by maintenance or security-personnel, or staff in conjunction with the elderly housing shall be exempt from this-require- ment.. - - 2. Screening shall be provided adjacent to the eastern property currently used- as- an auto salvage yard. ,Screening shall at arminimum conform to the Town's site plan requirements, and the Planning Commission may require additional or special screening if necessary to provide a visual screen between the auto storage yard and Harrison Street: 3. Street furniture (benches and tables„ etc. ) shall be provided along the Harrison Street frontage as deemed appropriate by the Town of Leesburg at the site plan stage. 4. The second floor use and occupancy of the existing Pullen Garage structure shall -be restricted to community uses which are not in , conflict with theadjacent elderly housing complex. Those uses may include (by illustration) social or fraternity groups, performing arts, auditoriums, meeting halls, libraries or civic group meetings.,. Office areas and or- support areas in conjunction with these uses shall also be permitted (such as.food preparation or storage) or local, state or federal offices which administer community programs. 5. The permitted commercial uses in the commercial area of the proposed buildings shall not include any of the following uses: Any residential use - . . Funeral homes Convenience retail - Laundry Private- Club or fraternal lodge - . - Bowling alley - - - Kennels Warehouse Automobile related - Church Restaurants - Dormitory 448 MINUTES OF THE FEBRUARY 11, 1987 MEETING 6. The final architectural plans for the proposed buildings shall be subject to the approval of the Town Council. Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None Absent: Councilmember Pelkey 87-33 - RESOLUTION - AUTHORIZING AN APPROPRIATION FOR AN ADDITIONAL CONTRIBUTION TO THE LEESBURG VOLUNTEER FIRE DEPART- MENT On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Council has been requested by members of the Leesburg Volunteer Fire Department to assist them with the recruitment of a mechanic to maintain their fire equipment; and WHEREAS, the Council has agreed to assist the fire department by funding the cost of fringe benefits for their new employee at an annual rate of $5,000: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An appropriation of $2,500 is authorized from the General Fund unappropriated fund balance for the fiscal year ending June 30, 1987, to Account No. 200.9100.560.010, Volunteer Fire Department. SECTION II. An additional contribution of $5,000 per year is recom- mended for each fiscal year subsequent to the year ending June 30, 1987, so long as this position remains occupied by Leesburg Fire Department. personnel. Mr. Kelley commented on the use of the word "authorized" in Section II feeling that this word is too strong. It was decided to change the word to recommended. He went on to praise the fire department and feels this is a worthwhile cause for the Council to support. Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None Absent: Councilmember Pelkey Mayor Sevila mentioned the fact that since there is not presently full membership on the Cable Commission, it has hampered decision making of that group. Mr. Crompton resigned in September of 1986, and his term expires on June 30, 1987. The Commission has recommended the appointment of Bill Webb to this Commission because of his expertise in this area. On a motion by Mr. Tolbert and seconded by Mr Leach, it was recommended that Bill Webb be appointed to fill the vacancy created by the resignation of Mr. Crompton on the Cable Commission. Mr. Kelley stated that he recalls that Mr. Webb had suggested another member of the community be approached. Mr. Williams stated that he had not had the opportunity to do this. He feels that one person serve one Commission, even though Mr. Webb is an outstanding member of the Community, he does serve as Chairman of the Planning Commission at present and is also on the Board of Architectural Review. He agrees that his expertise would be invaluable, but feels that if Mr. Webb should accept this appointment he should resign from the Planning Commission. For the reason of serving on only one Commission, Mr. Williams stated that he could not support this appointment. 11 449 MINUTES OF THE FEBRUARY 11, 1987 MEETING Mr. Curry agreed with Mr. Williams. He stated that he had spoken with Mr. Webb and he could serve in an advisory capacity to the Commission. He agreed that if he were appointed to this Commission, then he should resign his other Commission post. Mayor Sevila said that there is a sense of urgency since this position has been open for several months and the Commission members had asked for the appointment of Mr. Webb. He went on to say that there are always some exceptions to the multi-Commission service. Also, this term would only be for about four months. He urged the other Councilmembers to approve this appointment. Aye: Councilmember Tolbert and Mayor Sevila Nay: Councilmember Curry, Kelley and Williams Abstain: Councilmember Leach Absent: Councilmember Pelkey On a motion by Mr. Williams and seconded by Mr. Kelley it was proposed that the meeting be adjourned. Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None Mayor Clerk of Co cil