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HomeMy Public PortalAbout1987_03_25 21 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 25,1987 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on March 25, 1987 at 7:30 p.m. The meeting was called to order by Vice Mayor Charles Williams with the 'invocation given by Councilman Tolbert followed by 'the Salute to the Flag'l'ed by Frank Carney. 'Present were Councilmembers Arl Curry, Brian Kelley, Hunter Leach, Jerry Pelkey, and John Tolbert, Jr. Mayor Sevila was absent. Staff members present were Town Manager, Jeffrey Minor, Director of Finance, Paul York, Director of Planning, Zoning and Development, Martha Mason-Semmes, Director of Engineering and Public Works, Tom Mason, Planner, Susan Sherman and Deputy Town Attorney, Deborah Welsh On a motion by John Tolbert and seconded by Brian Kelley, it was recommended that the minutes of January 14, 1987 and February 11, 1987 be approved as submitted: ' Aye: Councilmembers Curry, Kelley, Leach, Pelkey,, Tolbert and Vice- Mayor Williams _ Nay: None PUBLIC HEARING ON THE 1988-93 CAPITAL IMPROVEMENTS PROGRAM (C.I.P. ) Mr. Minor presented the staff report on the CIP. The program was submitted to the Planning Commission .in February for their input and then referred to Council. This plan represents what is believed will be the capital improvements projects of the town for the next, six years. "It totals over $37 million dollars. Much of 'the revenue to fund the projects 'whorn'om'federal grants, and from utility fund sources. These revenues should be able to pay off the debt for these projects without tax increases. This program is a part of the budget which will also have public'hearings for it. Some projects will require financing and this will come in' the form' of general obligation bonds. The projected debt to cover the projects is approximately $9.5 million dollars. Council has retained funds. in the General Fund in anticipation of some major projects and this will assist the town's rating in the-bond market. Some of these projects are the'municipal center and parking facility and the development of Ida Lee Park. A master plan will be prepared for the park which will include plans for an acquatic center/gymnasium complex. Another major. area of development will'be'the airport. There is already a runway extension project underway and the south extension is under plan. No town funds will be utilized for these projects and they will be revenue generating. Tom Mason, Director of Engineering and Public Works, spoke about_ the public works projects that are planned. The first is the new public works facility which is currently under design. This facility will replace the existing townshop. The Phase VI stormwater drainage improvements consist of improvements in the Dry Mill Road area and improvements to certain areas along,Town Branch. The Clubhouse Drive intersection is currently under design. This will mean relocation of the existing intersection. Utilities projects include the expansion of the Water Pollution Control Facility. The design RFP is being issued' forthe' Hogback Mountain water tank and will also include the roadway and 16-inch waterpipe that is included. The Water Treatment Plant will also be 'expanded, basically in the area of acquiring new equipment. Mr. Minor stated that documents regarding this capital improvements program are available in the town office and urged the citizens to come in to review them. With the growth and change, that Leesburg is experiencing, it is''vital that the capital improvements program be carefully reviewed and kept up to date. Vice Mayor Williams then opened the discussion up to public comment. Frank Carney, a member of the Parks and Recreation Commission, stated that the Commission is at a point to have a contractor come in and do the work. He said that this is a source of pride to the entire town and urged that the project receive the support of all the citizens. 1 22 MINUTES OF, THE MARCH 25, 1987 MEETING Ken Robinson, also a member :of the Parks and Recreation Commission, said that there is_definitely a need for a comprehensive recreation . facility.,. He feels that the opportunity at hand is a..golden one to provide for the citizens of Leesburg what they,. have been.without for a long time. Ten or fifteen years from now the citizens will reflect on the cuirent council and realize the important decision they made in regard to the development of the Ida Lee Park. Gary Ulmer, president of the Rock Springs Community Association, commented on the proposed storm drainage improvements in the Dry Mill Road area. He urged the Council to approve the improvements between the bike trail and the Town Branch. Often during heavy rains Dry Mill Road is closed off because the water gets too high in the area. Charles Smith, president of the Virginia Knolls Homeowner's Association, also addressed the Council on storm drainage improvements. He feels that storm drainage is a very important issue for them. This must not be delayed until future years, it should be done as soon as possible and kept up-to_date. Flooding is more frequent and this will continue with the new development that is going on: ` Mr. Smith asked Council to please consider this as a priority project within the CIP. Betty Flemming, a citizen of Leesburg and a member of the YMCA Board, addressed Council on the issue that the YMCA has been working for three years to establish a recreational facility and would like the Council to be aware that they are willing to work with the Council on establishing this facility. Fred Flemming, a citizen of-Leesburg, thanked the Council for some drainage improvements made on,Cornwall. Street. He is concerned about the amount of money required for the acquatic center at Ida Lee Park. He gave a brief history of the efforts of. the Y in Loudoun County. He does not feel that Leesburg can support two acquatic centers, even with the projected growth. He suggested that perhaps the town put their money in another area in the park. Councilmember Kelley commented that the survey that had been sent to the citizens changed his mind in regard to expenditures at Ida Lee Park. He feels that the park will be an important drawing card to Leesburg and he fully supports developing the park to its fullest potential. Mr. Kelley went on to say that perhaps a joint effort between the YMCA and the town could be further investigated. Gerry Hill as a citizen and as chairman of the membership committee of the YMCA said she had been living in the Loudoun area since the late 1960's. She asked why they would spend millions of dollars of taxpayers' moneywhen there is an organization willing to do the fundraising for a similar facility? She was discouraged that such a project has taken so long. They know this is needed in the Loudoun area and would be anasset to the entire community. She asked that the "Y" with its knowledge and expertise, might work together with the town on this project. The public hearing was closed at this point since there were no further comments from the public. It was recommended by Mr. Kelley and seconded by Mr. Tolbert that the CIP be referred back to the Finance and Administration,Committee for further consideration. A five-minute recess was called at this time. Council reconvened, continuing with: COUNCILMEMBER COMMENTS Mr. Leach was pleased that the public hearing had a very positive overtone. Mr. Pelkey also thanked the citizens for their input into the Capital Improvements Program. 21 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH '25,1987 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on March 25, 1987 at 7:30p.m. The meeting was called to order by Vice Mayor Charles Williams with 'the •invocation given by Councilman Tolbert followed by the Salute to the Flag led by Frank Carney. Present were Councilmembers Arl Curry, Brian Kelley,' Hunter Leach, Jerry Pelkey, and John Tolbert, Jr. Mayor Sevila was absent.. Staff members present were Town Manager, Jeffrey Minor, Director of Finance, Paul York, Director of Planning, Zoning and Development, Martha Mason-Semmes, Director of Engineering and Public Works, Tom Mason, Planner, Susan Sherman and Deputy Town Attorney, Deborah Welsh On a motion by John Tolbert and seconded by Brian Kelley, it was recommended that the minutes of January 14, 1987 and February 11, 1987 be approved as submitted: " Aye: Councilmembers Curry, Kelley, Leach, Pelkey,• Tolbert and Vice- Mayor'Williams Nay: None PUBLIC HEARING ON THE 1988-93 CAPITAL IMPROVEMENTS PROGRAM (C.I.P. ) Mr. Minor presented the staff report on the CIP. The program was submitted to the Planning Commission ,in February for their input and then referred to Council. This plan represents what is believed will be the capital improvements projects of the town for the next six years. "it totals over $37 million dollars. Much ofthe revenue to fund the projects will come from federal grants, and from utility fund sources. These revenues should be able to pay off the debt for these projects without tax increases. This program is a part of the budget which will also have public'hearings for it. Some projects will require financing and this will come id the form' of general obligation bonds. The projected debt to cover the projects is approximately $9.5 million dollars. Council has retained funds in the General Fund in anticipation of some major projects and this will assist the town's rating in the bond market. Some of these projects are the municipal center and parking facility and the development of Ida Lee Park. A master plan will be prepared for the park which will include plans for an acquatic center/gymnasium complex. Another major area of development will be'the airport. There is already a runway extension project underway and the 'south extension is under plan. No town funds will be utilized for these projects and they will be revenue generating. Tom Mason, Director of Engineering and Public Works, spoke about the public works projects that are planned. The first is the new public works facility which is currently under design. This facility will replace the existing town shop. The Phase VI stormwater drainage improvements consist of improvements in the Dry Mill Road area• and improvements to certain areas along,Town Branch. The Clubhouse Drive intersection is currently under design. ' This will mean relocation of the existing intersection. Utilities projects include the expansion of the Water Pollution Control Facility. The design RFP is being issued' forthe Hogback Mountain water tank and will also include the roadway and 16-inch waterpipe that is included. The Water Treatment Plant will also be 'expanded, basically in the area of acquiring new equipment. Mr. Minor stated that documents regarding this capital improvements program are available .in the town office and urged the citizens to come in to review them. With the growth and change, that Leesburg is experiencing, it is 'vital that the capital improvements program be carefully reviewed and kept up to date. Vice Mayor Williams then opened the discussion-up to public comment. Frank Carney, a member of the Parks and Recreation Commission, stated that the Commission is at a point to have a contractor come in and do the work. He said that this is a source of pride to the entire town and urged that the project receive the support of all the citizens. 23 MINUTES OF THE MARCH 25, 1987 MEETING i Mr. Tolbert attended a student government discussion at Loudoun County High School. The discussion centered around the development of Ida Lee Park and the student body endorsed theacquatic/gymnasium complex at the park. •Vice Mayor Williams reported on the Parks and Recreation Commission meeting at which four firms were interviewed for development of the park. ' i He thanked the staff for preparing such an informative RFP. He said that the coordination of developing the phases of the park is essential and that these firms-all offered very good plans. They all seemed to feel the sense of what Leesburg is about and were sensitive to developing the parcel of land into a recreational area. Each company was able to work within the cost figures the town had anticipated for the project. The field was narrowed to two companies at this time. He went on to discuss the potential partnership with the YMCA. The town has a different constituency than the YMCA and cannot enter into the same type of membership facility as the YMCA can. He urged the Councilmembers to support the YMCA but stated that there could be no joint venture. He thanked Mr. Carney and Mr. Robinson for their time during the interviewing process. MANAGER'S REPORT Mr. Minor stated that there will be a recommendation in mid-April on a park master plan firm and architect for the gymnasium/acquatic center. It could be possible to have this facility within two years from the date. He went on to highlight the Activity Report which had been previously sent to Council. One important item is the recruitment of two key positions, one for the Chief of Plan Review and for the Principal Planner Position. Also, the Planning Department received an award for the Town Plan. This is the culmination of many years of revision of the Town Plan and finally the availability of a final version. ,The plan received the ' Distinguished Planning Award by the American -Planning Association. The plan will 'now go on to national competition.' LEGISLATION On a motion by Mr. Kelley and seconded by Mr.Leach, it was recommended that the following resolutions be adoptedias consent items: 87-55 - RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CERTAIN' STREETS RESOLVED by the Council of the Town If Leesburg in Virginia as follows: That the Virginia Department of Transportation is requested to accept into.the Virginia Department of Highways secondary system 0.10 lane miles of Pershing Avenue; 0.44 lane miles of Chancellor Street; 0.26 lane miles of Janney Street; 0.68 lane miles of Clagett Street; 0.14 lane miles of Norris Court; 0.10 lane miles of Country Flub Drive; 1.28 lane miles of Clubhouse Drive; and 0.24 lane miles of Franklin Court as listed in the accompanying Form U-1, in accordance with' the requirements of Section 33.1-43 of the Code of Virginia, 1950, ass amended. 87-56 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PER- - - -- FORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR TAE EXTENSION OF PERSHING AVENUE I i WHEREAS, the public improvements on Pershing Avenue extended have been completed in accordance with the town standards and specifications and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: - - ' 24 MINUTES OF THE MARCH 25, 1987 MEETING . SECTION I. The public improvements known as Pershing Avenue extended are hereby accepted. The surety bond in the amount of $40,000 from the Peerless Insurance Company of Keene, New Hampshire, is reduced to $2,000 to provide for a maintenance guarantee for a period of one year. SECTION II. This release is contingent upon delivery. of a. properly ' executed instrument conveying unto the town all such improvements free of any liens or charges. • _ 87-57 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORM- • ANCE BOND AND APPROVING A MAINTENANCE BOND FOR LEESBURG COUNTRY CLUB SUBDIVISION,._.SECTION 4, PHASES II, III AND IV WHEREAS, the developer of Leesburg Country Club Subdivision, Section 4, Phases I, II, III and IV has completed public improvements in accordance with the town standards and specifications, and these have been inspected and approved and the as-built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letters of_credit in the aggregate amount of $1;425,610.80 from the First American Bank of Virginia are released. A maintenance bond in the formof a letter of credit from the First American Bank of Virginia, to be in effect for a period of one year from this date in the amount of $71,280 is approved. ._. . . _ .SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements free of any liens or charges. 87-58 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH SCOTT & STRINGFELLOW, , INC. TO PROVIDE THE TOWN.WITH FINANCIAL ADVISORY SERVICES WHEREAS, on February 20, 1987, the town received proposals from interested Virginia firms to provide the town with financial advisory services for its proposed general obligation bond issue; and. WHEREAS, based on the proposals received, it is recommended that the firm of' Scott & Stringfellow, Inc:, be retained by the town to act as its financial advisor: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is authorized to execute an agreement- with Scott & Stringfellow, Inc., to actas the town's. financial advisor for its proposed general obligation bond issue at a fee not to exceed 0.1% of the par value of the bonds issued. SECTION II. This agreement' shall remain in effect throughout the duration of the proposed bond issue as outlined in the town's fiscal year 1988-1993 Capital Improvements Program. 87-59 - RESOLUTION - CONSENTING TO_ A_ PARTIAL VACATION OF THE-WOODBERRY . -" - - SUBDIVISION WHEREAS, the Woodberry Subdivision was recorded, in Map Book 6 at page 99 in the land records of Loudoun County, Virginia, and includes a thirty (30) foot building restriciton line on the front yards of the lot; and WHEREAS, the front wall of the residence constructed on Lot 2 of the Woodberry Subdivision encroaches 18 inches into this building restriction line; and WHEREAS, this structure complies with the yard requirements of the Leesburg Zoning Ordinance: 25 MINUTES OF THE MARCH 25, 1987 MEETING THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: ' Pursuant to' Section 15-1 482(a) of the Code of Virignia, the Mayor is hereby authorized to execute a partial deed of vacation of line of setback. 87-60 - RESOLUTION - APPOINTING BRIAN T. KELZ,EY AS THE COUNCIL'S REPRESENT- ATIVE ON THE CONSULTANT SELECTION TEAM FOR ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES ON THE HOGBACK MOUNTAIN STANDPIPE AND WATERLINE CONSTRUCTION WHEREAS, a Request for 'Proposal has been issued to select a consultant for engineering, design and construction administration services on the 1.5 million gallon Hogback Mountain standpipe and waterline; 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 for engineering, design and construction administration services on the 1.5 million gallon Hogback Mountain standpipe and waterline for the Town of Leesburg. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, and Vice Mayor Williams Nay: None Absent: Mayor Sevila 'At this time' Vice Mayor Williams considered the resolution concerning the Design Competition out of the agenda order and' introduced Susan Sherman, Planner, to give a brief review of this resolution. Susan Sherman introduced Larry Witzling of Design Competition Associates and one of the advisors for the design competition program. Larry Witzling said he was basically here to answer any questions, but that this resolution's approval is critical in relation to the perception of Council support of this' program. 87-61 - RESOLUTION - APPROVING THE DRAFT TEXT OF THE LEESBURG DESIGN COMPETITION PROGRAM On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, this Council has authorized a design competition to attract design solutions for the town's municipal government center/parking complex fromacross the United States; and WHEREAS, Design Competition Advisory Services has been retained as the town's professional advisor to ensure the design competition meets the ' highest standards of the National Endowment for the Arts and is administered in a professional and efficient manner; and WHEREAS, Design Compeition Advisory Services has prepared a recommended design competition program; and WHEREAS, this Council has reviewed the proposed program and has found that it accurately represents the town's goals and objectives for the design competition: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 26 MINUTES OF THE MARCH 25, 1987 MEETING The proposed design competition program dated March 1987 is hereby approved subject to any typographical and technical corrections. Mr. Witzling briefly described the registration process stating that receiving 250 registrations would be a good number. Typically, about forty percent of the registrants actually submit designs. The jury process usually eliminates two-thirds of the solutions rather quickly leaving one third-of them -as potential solutions. The final presentations are usually presented through well publicized meetings. Aye: Councilmembers Curry, Kelley, Leach,. Pelkey,- Tolbert.and Vice Mayor Williams i Nay: None Absent: Mayor Sevila 87-0-11. - ORDINANCE - AMENDING THE LEESBURG SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS REGARDING MAXIMUM LENGTH OF DEAD-END STREETS On a motion by Mr. Kelley and seconded by Mr. Tolbert the following ordinance was presented and unanimously adopted: WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the adoption of regulations and requirements for dead-end streets; and WHEREAS, the Planning Commission has found the current maximum length of cul-de-sacs not to be in the best interest of the appropriate develop- ment of land; and WHEREAS, a joint Council and Planning Commission public hearing was held on February 11, 1987; and WHEREAS, the Planning Commission on March 5, 1987, recommended revised legislation; and WHEREAS, this Council has authorized certain minor modifications to the legislation recommended by the Planning Commission: THEREFORE, ORDAINED by the Council of the Town. of Leesburg in Virginia as follows: SECTION I. Section 13-73(j) of the Leesburg Subdivision and Land Development Regulations are hereby 'amended 'to read as follows: Section 13-73. (j) No. dead-end public streets over 600 .feet long shall be established; provided however, special approval for cul-de- sacs in excess of 600 feet may be granted by the Commission, up to a maximum of 1200 feet if all of the following conditions are met: (1) There is a utility easement from the turnaround to another street to provide a looped water system or where the system is otherwise looped; and (2) There are fire hydrants installed along the street and at the end of the turnaround; and (3) The total projected 'traffic on the cul-de-sac will not exceed 500 vehicles per day; and (4) The establishment of a cul-de-sac will not conflict with any future road extensions identified in the Transportation Element of the Town Plan, and it is 27 MINUTES OF THE MARCH 25, 1987 MEETING not necessary to establish a •loop or through road on the site; and (5) The developer installs signage identifying the street as a dead-end. Cul-de-sac street length shall be measured from the intersection with the nearest public through-street to the turnaround. All ' cul-de-sacs shall be provided with a turnaround at the end, having a radius at the property line in conformance with VDOT standards. SECTION II. Section 13-99 of the Subdivision and Land Development Regulations is hereby amended by including the following definitions: "Streets, cul-de-sac, permanent" shall mean a street•with a single common ingress and egress and with a permanent paved turnaround at the end. "Streets, cul-de-sac, temporary" shall mean a street with a single common ingress and egress ,and with a temporary turnaround at the . end, meeting town standards; which is planned to be extended. SECTION III. All other prior ordinances in conflict herewith are hereby repealed. . SECTION IV. 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 provisions of the Article. SECTION V. This ordinance shall be in effect upon its passage. Martha Semmes gave a brief overview of this legislation explaining that the purpose is to better define the town's requirements regarding cul- de-sac or dead end streets. It could permit extensions beyond the current limit of 600 feet in unusual situations. Both the Planning Commission and the Council have enumerated that this flexibility is necessary at this time. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Vice Mayor-Williams Nay: None Absent: Mayor Sevila 87-0-12 - ORDINANCE - AMENDING THE TOWN CODE REGARDING PENALTIES FOR VIOLATION OF SECTION 4-19 On a motion by Mr. Pelkey and seconded by Mr. Tolbert the following ordinance was proposed and adopted as follows: WHEREAS, this Council by Ordinance No. 87-0-8 amended the Town Code to require leash control for dogs when not on the property of the owner or custodian; and WHEREAS, this Council desires to establish a penalty for violation of this law that is consistent with the Loudoun County penalty for the same offense in'densely populated unincorporated parts of the county: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1 SECTION I. Section 4-19 of the Town Code is hereby amended to read as follows: Section 4-19. Running at Large. A dog's owner or custodian shall not permit it to run at large, roam or self hunt in the town off the property of the owner or 28 MINUTES OF THE MARCH 25, 1987 MEETING • custodian while not under leash control. Any person who owns a dog which runs at large or remains unconfined, unrestricted or not penned up and off the property of the owner or custodian, shall be deemed in violation of this section. Whoever violates or fails to comply with any of the provisions of this section is guilty of a Class 4 misdemeanor and shall be fined not more than $100.00 for each offense. SECTION'-II. This ordinance shall be in effect on or after April 1, 1987'rand'all ordinances or resolutions in- conflict herewith 'are repealed. Mr. Tolbert said that the Environmental Advisory Commission was in favor of passing this resolution. - Mr. Minor said that making- the' violation of the leash law a Class one misdemeanor was erroneous based on old code information from Loudoun County. The class of the misdemeanor was clarified and therefore it was reduced to a Class 4 misdemeanor. • Vice Mayor Williams said that the law had brought great concern from many citizens when it was believed 'that this was a Class 1 misdemeanor which carried a possible jail sentence for violation. He is pleased that this has-now been revised to'a- reasonable level and hopes that the media and the press will give the new version publicity. Mr. Pelkey spoke on behalf of Mr. Kelley, who apparently does not support this legislation, stating that Mr. Kelley is a dog owner but takes great care to see to it that his dogs remain confined in their own yard. The roll call vote was as follows: Aye: Councilmembers Curry, Leach, Pelkey, Tolbert and Vice Mayor r 'Williams' Nay: Councilmember Kelley ' 'Absent:' Mayor Sevila 87-62 '- RESOLUTION - AUTHORIZING THE AMENDMENT OF THE VIRGINIA SUPPLE- MENTAL RETIREMENT SYSTEM COVERAGE FOR TOWN EMPLOYEES • On a motion by Mr. Kelley and seconded by Mr. Tolbert,the following resolution was proposed and unanimously adopted: WHEREAS, the General Assembly has passed legislation to allow employ- ees to retire with unreduced retirement benefits under VSRS at age-55 with 30 years of service; and WHEREAS, to receive these unreduced ketirement benefits the town must notify the VSRS of its election to effect the change provided in the new legislation: • THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to notify the VSRS of the town's intention to provide unreduced retirement benefits to its employees who are age 55 with 30 years of service. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and" Vice Mayor Williams Nay: None Absent: Mayor Sevila 29 MINUTES OF THE MARCH 25, 1987 MEETING 87-63 - RESOLUTION - AUTHORIZING A PUBLIC HEARING ON THE PROPOSED SALE OF TOWN PROPERTY TO ACCOMMODATE THE RELOCATION OF THE TOLLHOUSE On a 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: A notice of public hearing on the proposed sale of a parcel of town- owned property to Brownell, Inc. shall be published in the Loudoun Times- Mirror on March 26, 1987 for public hearing to be held on April 8, 1987 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Mr. Williams stated that he feels that this is important legislation affecting the preservation of history within Leesburg. He expects that there will be a good turnout for this public hearing. Aye: Councilmembers Curry,•-Kelley, -Leach, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila 87-64 - RESOLUTION - AUTHORIZING A PUBLIC HEARING 'FOR SPECIAL -EXCEPTION #87-1, EXETER, SECTION IIB On a motion by Mr. Kelley and seconded by Mr. Tolbert the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider Special Exception Application #87-1 for Exeter, Section IIB shall be published in the Loudoun Times Mirror. The notice shall be published on April 2, and April 9, 1987 for public hearing on April 22, 1987 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. This public hearing is for the purpose of consideration of the multi- family units within the Exeter Subdivision. It is presently being considered by the Planning Commission which will present its report to Council very soon. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Vice Mayor Williams Nay: None Absent: Mayor Sevila 87-65 - RESOLUTION - INITIATING ZONING MAP AMENDMENT #ZM-89 BY PETER BURNETT AND SETTING A JOINT PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED On a 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. The application of Peter Burnett for revision of the zoning district map to rezone 13,008 square feet of land from R-2 to R-1, assigned No. #ZM-89, is initiated. 30 MINUTES OF THE MARCH 25, 1987 MEETING SECTION II. A Notice of Public Hearing to consider Zoning Map Amendment' $ZM-89 by Peter Burnett shall be published in the Loudoun Times Mirror. The notice shall be published on April 2, and April 9, 1987 for public hearing on April 22, 1987 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. This public hearing shall be a joint public hearing of the Planning Commission and Town Council. The clerk shall give notice of this hearing and advise the Planning Commission of the purpose, time and date of the hearing. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Vica Mayor Williams IIIIII Nay: None Absent: Mayor Sevila NEW BUSINESS 87-66 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PER- FORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR FAIRVIEW SUBDIVISION On a motion by Mr. Tolbert and seconded by Mr. Pelkey, the following resolution was proposed and unanimously adopted: WHEREAS, Consolidated Building Systems, Inc. has completed public improvements in accordance with the town standards and specifications and these have been inspected and approved and the as-built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The public improvements in the Fairview Subdivision shown on plans prepared by Patton, Harris and Rust, Inc. are accepted. The irre- vocable letter of credit in the amount of $30,000 from the Farmers and Merchants National Bank is released. A maintenance bond in the form of a letter of credit from Farmers and Merchants National Bank of Virginia, to be in effect for a period of one year from this date in the amount of $1,500 is approved. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements free of any liens or charges. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Vice Mayor Williams Nay: None .. Absent: Mayor Sevila On a motion by Mr. Tolbert and seconded by Mr. Kelley the meeting was adjourned at 9:25 p.m. Mayor iU. ^ I .o..41../ Clerk o/Council