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HomeMy Public PortalAbout1987_04_08 31 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 8, 1987. A regular meeting of the Leesburg Town Council was held in the Council Cham- bers, 10 Loudoun Street, S.W. , Leesburg, Virginia on April 8, 1987 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, and followed with the Salute to the Flag led by Herndon Mayor Richard Thoesen. Present were: Mayor Robert E. Sevila, Councilmembers Arl Curry, Brian Kelley, Hunter Leach, Jerry Pelkey, John W. Tolbert, Jr. and Charles J. Williams; also, Town Manager Jeffrey H. Minor, Assistant Manager Stephen F. Owen, Director of Finance Paul E. York, Director of Planning, Zoning and Development Martha Mason-Semmes, Director of Engineering Thomas A. Mason and Town Attorney George M. Martin. On motion of Mr. Williams, seconded by Mr. Kelley, the minutes of a special meeting of July 1, 1986, a regular meeting of February 25, 1987 and a regular meet- ing of March 11, 1987 were unanimously approved as submitted, with one correction to the special meeting of July 1, 1986 to show Fred Hetzel, Sr. as the member ap- pointed to the Environmental Advisory Commission - not Fred Hetzel, Jr. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. PETITIONERS: Leesburg' s supervisor, Charles A. Bos, gave an in-depth report on issues af- fecting the town: (1) The total County budget is $123 million, with a proposed tax rate of 91 cents - a real increase of two percent. The average real estate assessment went up 14 percent. The outlook for the future is probably pretty bright - it is the lowest tax rate in Northern Virginia. (2) There is a proposed increase of $1.50 in tipping fees at the landfill - this will probably relate to Graysbn' s contract with the town. The County is going through studies on its solid waste problems - this will probably increase costs in the long run. / (3) There has also been a change in the land use assessment. Essentially, this will remove speculative properties from the tax rolls once a rezoning has taken place - basically, this will return close to $250 million of Eastern Loudoun prop- erty to the tax rolls. This was a major accomplishment and Delegates Waddell, Rol- 1 lins and Andrews are to be congratulated on this. (4) The County has come out with a parks and recreation service plan calling for about 33 to 34 million dollars in Capital Improvements and investments in County parks. This suggests that 10 percent of each year's CIP be designated for parks and a percentage of County' s operating budget each year. The proposed improvements to Ida Lee Park essentially satisfy the Central Loudoun component of that Plan. It closely aligns with what the Master Plan for the park may have. He suggested they consider Leesburg' s position and begin talking about a reasonable County donation to Leesburg one way or the other. This has been discussed at an informal meeting between County and Town officials, in which Mr. Minor suggested they get the park going and then they will know what we are really talking about. This is a leader- ship role. (5) The County will start constructing some facilities this year on the property beyond the airport - a fire and rescue building, a training center, a "burn" building, youth shelter and some other items. Included in the Capital Im- provements Plan is essentially moving the administrative offices over there by 1990- 1991, with the Courts taking over the present building. Also, the expansion of the jail, or a new jail, is on the horizon - their needs can' t be ignored much longer. (6) He understands there: has been a contact by the County to set up a ` Joint Policy Committee meeting. The County initiated that process but somehow it was dropped. The Town' s position paper on extending the Toll Road from Dulles to Leesburg is an excellent document to get these discussions off to a good start. (7) He called to their attention the fact that Mr. Pelkey was Chairman of the Commission on Youth for three years and received a Certificate of Appreciation from the Board - his services will be missed there, as well as on the Town Council. (8) Hidden in the budget by the Fire. and Rescue Service is a street numbering change for the -County. He was -assured that this is not a County-wide change. 32 MINUTES OF APRIL 8, 1987 MEETING. Mayor Sevila thanked him for this report - having his direct input is very valuable to the Council. Concerning the Park Service Plan, he recalled that the County is looking at two regional parks to be located near demographic centers. He wondered if Leesburg' s provision of the Ida Lee Park (and hopefully our suc- cessful ability to fund everything we intend for that park)would be one of those and what chance we would have of receiving some of that money. Mr. Bos thought the County could consider this as a part of its project and will push for this any way he can over the next two years or so. He encouraged councilmembers to appear at the public hearing in June and speak before the supervisors to'bring them up-to-date on the status of Ida Lee Park and how it will benefit the whole -county. He thought some of that $34,000,000 could be returned to help operate their own park. Council has not received a copy of the Park Service Plan. Mr. Tolbert thanked Mr. Bos for placing his name before the CDI Board. CERTIFICATE OF APPRECIATION A Certificate of Appreciation for two years, four months as Assistant Town Manager was presented to Mr. Steve Owen by Mayor Sevila, who expressed apprecia- tion for his accomplishments over the last two years and the town's regret to see him leave. Town Manager Jeffrey Minor cited some of Mr. Owen's accomplish- ments - he has been a very productive Assistant Manager. He cited particularly his Economic Development efforts - he has made them award winning across this nation - the Airport has made tremendous strides - we have millions of dollars of runway improvements underway and grants under his leadership. He has made some great strides in Personnel, in getting our Job Description Manual together, in helping formalize our recruitment process . There is nothing the Assistant Mana- ger's position doesn't entail. We are disappointed that he is leaving and wish him the best. There were complimentary comments from all the councilmembers, with everyone wishing him the best of luck. PUBLIC HEARING ON SALE OF TOWN PROPERTY TO ACCOMMODATE RELOCATION OF TOLLHOUSE Mr. Owen explained that they have been working on this project for several months, with the thought that the town would relocate the tollhouse next to the South Street parking lot. In talking to Mr. Brownell, it seemed it might be best to sell the parcel of land. The property has since been appraised, in- cluding the improvements Mr. Brownell will have to make to accommodate the tollhouse, at $10,000. Other documents necessary to consummate this trans- action have been reviewed and approved by the Town Attorney. Mayor Sevila in- quired if any thought was given to the possibility of a restrictive covenant on the deed relating to the tollhouse and its use? Mr. Owen replied that the ordi- nance mentions that the sale of the land is contingent on the relocation and restoration of the tollhouse for commercial uses. The deed will have to say that as well. It also mentions that a sanitary storm sewer easement will be retained. There was no-one else to speak concerning this matter and the public hearing was closed. PUBLIC HEARING ON #ZM-84 - GRIMM/POTOMAC CROSSING PROFFER AMENDMENT Director of Planning, Zoning and Development Martha Semmes advised that this is an amendment to Proffer No. 3 associated with the Potomac Crossing (or Beus) property located northeast of the Route 15 By-Pass and includes a large area that is dedicated to the-Northern Virginia Regional Park Authority. This proffer does affect the Park Authority property - it is proposed by the developers, Gary P. Grimm, Inc. , to take an area of approximately 20 acres and reduce the size of the active park land to approximately 5 acres and incorporate a number of park facilities which will, in effect, provide a community park facility, including a ball field, a picnic shelter, multi-purpose courts, tennis courts, bathroom facilities and some parking, among other things. The developer is proposing to put in these facilities, rather than do all that grading. This proffer amend- ment has been recommended to Council for approval by the Planning Commission - they have today received a signed amended proffer statement by Gary P. Grimm, Inc. , general partner of the developers, as well as David C. Hobson, on behalf of NVRPA. Staff has not yet given this to its legal staff for re- view - that will be necessary - it is lacking normal introductory declarations. There are several changes proposed at the request of the Park Authority - one that the town would maintain fire and casualty insurance on any structure in excess of $10,000; . also, that the applicant will provide the Park Authority a copy of construction plans andsttedule for review of the plans for these fa- cilities. In general, the concept of providing a park instead of a graded wide 'open area does appeal to the Planning Commission and the staff. This is 33 MINUTES OF APRIL 8, 1987 MEETING. an increase in the number of park facilities provided. They are proposing to put in over $200,000 worth of facilities on this five-acre site - we will actually end up with an active park. Mr. Minor added that, in terms of what we did at Foxridge Park, which approached $400,000, what they are propos- -- , ing ropos-- ing greatly exceeds that originally done. Ms. Semmes exhibited a picture and specifications of the proposed park. Mr. Williams felt the developer proposes to do some interesting things there, but he has some concerns about the timing as to when these things will be done. We should determine when these amenities should be done before we accept their proposal. Ms. Semmes said the Planning Commission did deliberate on this issue - their recommendation was that all the improvements would be substantially complete before 750 zoning permits were is- sued for residential building lots in Potomac Crossing. They have a total of 975 units in that development. Mr. Williams said 700 units could, in effect, be a number of years downstream before anything could happen to this park. The Parks and Recreation Commission thought it would be in the best interest of that com- munity for the parks to have a number substantially less than that, so we could see this park come into view and focus in a time-frame that would not be extended for a long period of time. Mr. Minor added that, by the time the Planning Com- mission begins its deliberations of this proffer, they will have a copy of the Parks and Recreation Commission's recommendation. Mayor Sevila asked how much reduction this is in active park land? Ms. Semmes said this is not a reduction in any dedicated park land, but is a reduction in the amount of land this appli- cant will develop for park use from 20 acres to 5. The developer had previously proposed to give the town $5,000 to develop the park, but now since they will be developing the facilities, they have withdrawn that. Bruce Drenning, representing the applicant, stressed the fact that they have gone through the process fairly thoroughly and deliberately, having met several times with the Parks and Recreation Advisory Commission, the Council committees and the Planning Commission and have received their favorable recommendation and that of the staff. They have also worked with the Northern Virginia Park Authority and incorporated their suggested changes - they have physically signed off on the offered proffers. Mr. Williams reported that the Parks and Recreation Commission felt, basically, that this revision to the proffer would be an as- set. However, they would be recommending to the Council a lower number of hous- t ing.units when certain things should happen. He recommended that the Council refer these items back to the Finance and Administration Committee. On motion of Mr. Williams, seconded by Mr. Tolbert, Council voted unanimously to refer this matter back to the Finance and Administration Committee for further con- sideration: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. PUBLIC HEARING ON SPECIAL EXCEPTION #86-4 BY ECHOLS/CORNWELL Director of Planning, Zoning and Development Martha Semmes explained that this is a special exception for multi-family use in a B-2 zoning district. The subject property is approximately two acres located on Lots 4 and 5 of the Lees- burg Gateway Subdivision - it is part of a proposed 126-unit condominium project on approximately six acres adjacent to Leesburg Station townhouses. The appli- cant proposes approximately 32 multi-family condominium units on this property. The Planning Commission has recommended approval of this special exception. Due to a conflict of interest , Mayor Sevila asked Vice-Mayor Williams to conduct this hearing. Mr. Kelley asked if there has been a letter of intent from the applicant on some other acreage out there? Ms. Semmes said a letter was received today, signed by Mr. Echols and Mr. Cornwell, indicating briefly that the partnership declares its intent to take the necessary steps to proffer out multi-family residential uses on basically the remaining lots of Leesburg Gateway, subject • to the Town Council's approval of this special exception request and the part- nership's successful resolution of the current legal dispute over the title of certain property in the development. Mr. Minor said Council will receive a copy of the letter and attachments just received today. It will be. refereed to the Deputy Town Attorney for review. Mr. Richard Thoesen, principal in Bengtson, DeEel:l. rAz.in and Titus, ex- plained that this is part of a concept plan of 126 units shown on the e, :hiced plan. This is the second part of a land use issue originally addressed at the iI 34 MINUTES OF APRIL 8, 1987 MEETING. Council meeting of January 28 - it was rezoned from R-2 to R-4 at that time. The concept plan is dependent upon this special exception - it was proffered as part of that rezoning application. This plan provides 20 dwelling units per acre (two less than allowed) . It will meet minimum yard requirement, minimum lot- width and maximum height when the final development plan is sub- mitted. This plan provides fifty percent open space and over 45,000 square feet of recreational space. It will provide good architectural treatment and excellent materials (side and front elevations to be masonry and brick, with the rear elevation of wood siding) . In terms of locational criteria, the plan meets all of the requests for special exception criteria in the Zoning Ordi- nance. Re high density residential - approval of this special exception would provide a total density of 627 units, for a gross location of 6.2 dwelling units per acre. Taking out the commercial area, they would have 9. 1 dwelling units per acre - well within the 6 to 10 d.u. mentioned in the Comprehensive Plan. Access to the site is a criteria for special exception in terms of transpor- tation, this plan would generate 88 trip ends per hour. If they put in two acres remaining general office, it would generate 131 trip ends per hour - or 150 percent greater. This meets the zoning requirements and is part of a gene- ralized development plan as proffered earlier. There being no-one else to speak, the public hearing was closed. On motion of Mr. Kelley, seconded by Mr. Tolbert, Council voted unanimously to refer this matter to the Finance and Administration Committee: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert and Williams Nay: None. Abstain: Mayor Sevila. Mayor Sevila resumed the Chair. COUNCILMEMBER COMMENTS: Mr. Pelkey advised that the Airport Commission will meet tomorrow. He com- mented on his experience recently with mail addressed to his old house number and being returned to the post office - then later a 'reference check showel he had paid his bill late. He hoped this would straighten itself out. Mr. Curry reported that the Planning Commission met on April 2nd and approve preliminary development plan for Harrison Street Office Park and a preliminary plat for Fairway Manor Subdivision (a single-family subdivision of lots of 10,000 square feet or more located in Country Club between the Fairways and the Golf Course) . The Comprehensive Plan Committee had several meetings on the General Regulations - they should be ready for Council in the next couple of weeks. The agenda for the Subdivision and Land Development Committee lists 15 items - a lot -of them are repeat items (some are backlogged in the Engineering Department) - perhaps Council should look into some way of speeding this up. Mr. Minor said there are funds for over-time and they often work 9 - 6 or 9 - 7. Council did authorize a Chief of Plan Review and we are recruiting for a third engineer - this will be a big help. We hope to have someone by early May. Also, a letter will go out Friday inviting the development commu- nity (engineers as well as landowners, developers, contract owners) to a round tia le meeting. We have also inaugurated meetings with the Northern Virginia Buildinn Xsso2'iation and are working with them on an engineer' s check list that would be an official part of their submittals. So they are working on effici- ency in review. The proposed budget has an engineering technician position in it - he will be in the office to answer all the questions:. we constantly receive. These things should be a big help. Mayor Sevila said this is National .Public Library Week - they are having a series of public readings at noon every day and the public is invited. He en- couraged everyone to go by and take part in their celebration. The Scottish students are having their biannual exchange for three weeks. Council and staff provided a small welcoming ceremony for these students about a week and a half ago - Mr. Tolbert and Chief Kidwell attended. He asked that everyone make these students welcome. Mr. Kelley and Mr. Tolbert attended the Student Government Day presentation. They had a three-hour program this year with- a very lively debate on Parks and Recreation. He commended the entire Senior C1ass .and the Town Manager and staff. The project was to design, create and finance a parks system in the town and provide for all the needs of the citizens. 35 MINUTES OF APRIL 8, 1987 MEETING. MANAGER'S REPORT: Town Manager Jeff Minor reported the following items: (1) The pre-allocation hearing for VDOT will be held tomorrow at 10:00 a.m. Tom Poupard will attend this meeting and will use some graphic boards in his pres- entation. There will be a statement from the town and he would like as many elected officials as can to be present for this meeting - this helps get the message across. A car will be available for any members who wish to attend this meeting. (2) Susan Sherman has left for at least three months to care for her adopted child - she is sorely missed already. (3) We have over 400 entries in the Design Competition at this time - there could be up to 200 or more entries to be judged. (4) The Route 643 water line Notice to Proceed has been issued - hope- fully they will start this next Monday. (5) He distributed the Proposed Budget for Fiscal'Year 1988. A lot of pride and work have been put into this budget and they are excited about what it represents .; -it. is one that brings Leesburg to the threshold of new opportuni- ties to really deliver the public services. With the Capital Improvements pro- gram on the agenda tonight and with this budget, he believes we have the finan- cial resources to provide some outstanding services to our citizens in terms of the new parks and recreation program, a new municipal office building, solving our downtown parking problems, the addressing of storm drainage problems, im- proving our transportation system - these are some of the things we are address- ing in this budget. There will be a public hearing on this budget on May 27th. He thanked all those who helped in the preparation of the budget (Paul York, Steve Owen, Nancy Fixx, Della Clark and Mary Mack) . Mr. Williams had a call from a member of the "Sewer Club" in the last week who suggested that the town is holding up this agreement. This agreement has not yet been presented to the town for Mr. Minor' s signature - this project could drag on for a while. The town is not holding up this project - apparently other members of the Sewer Club have not arrived at an agreement that could be signed by the town. Mr. Minor advised that Tom Mason has talked with Pinnacle about the review time for certain phases of the sewer improvements - these are acceptable to Pinnacle. He (Mr. Minor) talked with an attorney - there are some new items that need to be worked out on one piece of property and this is being done. So they are optimistic that this agreement will be effective, but it will take time. They have to review $4,00Q000 worth of construction drawings. Any project of this scope will take some time. Mr. Kelley said the largest contract owner will be before the Council shortly seeking a special exception and a rezoning - he believes the rest of this group' s decision is contingent on this. After a five-minute break, Council reconvened to consider the agenda items. • LEGISLATION: 87-0- 13 - ORDINANCE - APPROVING THE SALE OF A PARCEL OF LAND TO FORT BEAUREGARD ASSOCIATES, INC. On motion of Mr. Williams, seconded by Mr. Tolbert , the following ordinance was proposed: WHEREAS, Fort Beauregard Associates, Inc. has proposed to purchase a 2040 square foot parcel of land from the town to accommodate the preser- vation and relocation of the historic "Tollhouse" formerly located at 301 Loudoun Street; and WHEREAS, the alternative to this proposal is razing the Tollhouse struc- ture due to the pending construction of a new retail center on the site; and WHEREAS, appropriate modifications to the stream channel of the North " Branch of Town Branch which runs through the parcel will be made to en- sure that no increase in flooding occurs as a result of the proposed project ; and 36 MINUTES OF APRIL 8, 1987 TOWN COUNCIL MEETING: WHEREAS, an independent appraisal of the parcel has established its value of $10,000; and WHEREAS, a storm and sanitary sewer maintenance and indemnification agree- ment has been developed which will protect the town' s maintenance and liability interests associated with an existing sanitary sewer line and the storm sewer channel; and - -�- WHEREAS; a public hearing" on the-proposed .property sales.was held on April 8, 1987 pursuant to Section 15. 1-18 of the Code of Virginia, 1950 as amended: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor is authorized to execute a deed with appropriate restrictive covenants to transfer the town' s fee simple interest in the subject 2,040 square foot parcel to Fort Beauregard Associates, Inc. for the consideration of $10,000, conditioned on Fort Beauregard Associates, Inc. for commercial use. SECTION II. The manager is authorized to execute the aforementioned storm and sanitary sewer maintenance and indemnification agreement. SECTION III. The manager is authorized and directed to obtain a storm and sanitary sewer easement from Fort Beauregard Associates, Inc. prior to the mayor' s execution of the aforemented deed. SECTION IV. This ordinance shall be in effect upon its passage. Mr. Williams was pleased that part of the development community is willing to take it upon themselves to incur this expense to both purchase the land and re- mgve the toll house to this particular location. It ' s too bad it has to be moved from its original site, but it is probably better from a preservation standpoint. that the town is willing to preserve this historic building. Mr. English Cole had called him several months ago about this project (he owned this property at one time) and said he knew the Mark Vogel people would like to preserve it. He has followed many of the historic projects in this town and should be recog- nized for this. He hoped the people in the future will recognize what it means to preserve many of these buildings. He hoped the developer might add enough space to this particular building for the 1929 Seagraves fire truck. Mr. Curry commented that, since there is no objection to this matter, he sees no objection to voting on this tonight - however, normally heldoes not like to vote on a matter the same night the public hearing is held. Mayor Sevila questioned whether or not a restrictive covenant should be included concerning the property' s use for the toll house and the Seagraves or other similar projects for a period of years. He suggested that there be appropriate languagelin the deed to condi- tion it. Mr. Williams would have a problem with this if something should happen that the toll house were destroyed or removed. Mr. Minor said you could always stipulate certain uses or uses approved by Council - such things could be ne- gotiated into the deed. The ordinance was unanimously adopted with the suggested changes made a part of it:as written above: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. 87-67 - RESOLUTION - ADOPTING THE 1988-1993 CAPITAL IMPROVEMENTS PROGRAM. On motion of Mr. Tolbert, seconded by Mr. Kelley, the following resolu- tion was proposed: WHEREAS, Section 15. 1-464 of the Code of Virginia, as amended, author- izes preparation and annual review of a Capital Improvements Program (CIP) ; and WHEREAS, the Planning Commission has reviewed the 1988-1993 CIP and recommends adoption to the Council; and WHEREAS, the CIP provides a long-term plan for the financing and acqui- sition of capital facilities, projects and equipment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 37 MINUTES OF APRIL 8, 1987 TOWN COUNCIL MEETING. SECTION I. The 1988-1993 Capital Improvements Program submitted by the manager on March 17, 1987 is adopted with the following change: Project 024, West Dry Mill Road Improvements, Land Acquisition remains at $5,000; Design Engineering increases by $1,000 and Construction increases by $5,000, for a total project cost of $32,000. SECTION II. This resolution shall be in effect upon its adoption. Mr. Minor had distributed a memo from Paul York addressing the Mayor' s and other requests for alternative revenue projections and their impact on the projects in the CIP. Mr. York's report demonstrates, with even more conservative growth rates over the next six years, the proposed CIP will permit us to finance all these items at those more conservative growth rates. In fact, because we didn' t have even more up-to-date assessment information when the real property assess- ments were projected in the CIP, _this_wouldshow a 35 percent increase in the real property assessments in Leesburg in the prior year. Actually, that bal- ances a more conservative projection and actually results in a 1993 fund bal- ance of $700,000 more than the figures given over a month ago. They believe that, by using the 15 percent real property growth and by using 10 percent of other revenue categories, there will be adequate funds to support the projects as proposed. Mr. Williams feels this community is in the midst of great . opportunities and, as the CIP points out and as Council has reviewed these with the possi- bility of doing many things for this community, he believes they will be able to finance these projects even if the population flattens out . The items in the CIP are necessary for our community and supported by the people. He was pleased this paper has been produced to show what could happen with the flatten- ing out of the population. Mr. Pelkey supports the CIP. Mr. Curry supports the program, but felt there should have been more com- ment from the public. About the only input we had was on the park system. Mr. Kelleyagreed with Mr. Curry - hopefully, they will hear some of these comments when we have the budget hearing. We have a document that can be incor- porated into the budget process and reflect back upon it. This is our third CIP and we are embarking on a very ambitious set of priorities - he totally agrees-----..� with them. The work done by Paul, Jeff and the staff gets better every year and makes their jobs a little easier - he appreciates their efforts. Mr. Tolbert was happy to see the Dry Mill Road project included - this has been needed for a long time. Mayor Sevila had asked Mr. Minor to have Paul prepare an analysis - this CIP calls for capital improvements over the next five years in excess of $37,000,000. He was sorry we did not have better comment from the public - they have certainly been given ample time to comment. There has been a lot of comment on the street, but this is not shared with the public, nor in the public record. The most important part of this project is that it involves some fund- ing by bonded debt - specifically, 9.5 million in proposed bonds or bond reve- nues in the first year. His reason for asking for some projections arose out of a meeting when Mr. Curry pointed out that times are not always so good, as theyhave been in 1986-1987 -for the town. We are now livingin times that can be described as "boom times" from the construction, housing starts and healthy economy on a local level. Economies throughout the country are not en- joying the same expansive period of growth and prosperity we are enjoying. It was only 1982 or 1983 when housing starts in Leesburg (availability hook-ups) were in the 30' s or 40' s, as opposed to numbers we had projected in the 1970' s, when it was projected that the town could service its debt through the 1980's if it continued to hook up 193 equivalent housing units per year. In 1980, these numbers fell off rapidly until 1983, when the total number of availa- bility fees sold was something less than 40. We were concerned that we might not be able to meet the debts already incurred. He intends to support this CIP, but with a couple of reservations. This is a guide and can be revised - it will inevitably be each year as we proceed toward 1993. With respect to the projects we intend to fund in 1988, he intends to treat it as a guide. It should be treated by everyone as a guide and reserve to themselves the flexi- bility to withdraw when circumstances may require. A thirty-five percent iu crease this year is not something they can count on. We are saying we will Alt 38 MINUTES OF APRIL 8, 1987 MEETING. adopt the CIP with these expenditures and that we will be able to fund it with- out a tax increase, yet, the primary base behind our being able to fund it is property taxes and the increases projected in the plan itself, now tuned to actual experience in 1987 - 35 percent. His concern is that, Lf it is real property values that are going to increase at those projected rates, it could hardly be said that we can fund this without a tax increase. Perhaps without a tax rate increase, but not without a tax increase. Treating this as a guide, he intends to support the CIP. Paul, Jeff and the entire staff have done an outstanding job of putting this together. We are undertaking some magnificent projects and he is proud to be a part of this - he believes they will be monu- ments to effective government in this town for a long time to come. If we con- tinue to treat it as a guide with flexibility and with an eye toward the growth rate in our economy, we and the citizens of the community will be safe. Mr. Minor felt it is an important distinction that the Council and the public should recognize - it really has to do with the philosophy you embrace when you prepare a plan like this. The CIP becomes a "wish list" and oftentimes they are not very valuable. An example of that is Mr. Bos' comments about the County' s CIP.and that it did include initial relocation of their offices, their recreation program, etc. At least in this office, we have tried to make them more realistic - it's sort of unfair and not accurate to portray future projects when there is really no available opportunity to do them. The CIP is an expenditure document and it doesn't try to focus in on the fiscal policies that will bring the money to accomplish these things. In the past, we have said Council can do all these things, but there will have to be an increase in tax rates, etc. We are looking at six years in the future and look at the tremendous potential growth in revenues to the town and pull them back - the latest projections to- day are at fifteen percent growth levels for real property. If you average out over the last nine or ten years (Page 15 of the General Fund in the Budget) , you will see there has been some growth in a few years when assessed values increased by less than five or six percent. Overall, the average has well exceeded that figure. It 's rare for a council to even consider seriously the revenue side- they' ll say these are great projects and hope they can fund some of them in the future. What this council is wrestling with is that they might be able to do the bulk of these things, based on reasonable realistic growth projections. We have not in the past focused so much on the revenue side - it is good to do that. Mr. Kelley agreed with Mr. Minor' s comments and felt there is a goodly por- tion of this that they (Council) will have to go to the bond market for. If we approve those items, it will control what Mr. Sevila was talking about. It also includes (perhaps later) we may have to go for the Wastewater Treatment Plant, although at the present rate of availability fees, Mr. York may just write checks. You can' t project six years in the future. The average County assessment only went up 13 percent this year - that was the average assessment. We haven' t had to raise the tax rate for the third year now. We are probably paying a little more here in Leesburg through assessments, however, when we have broken it down in the past, the percentages are scarier than what we are actually talking about - $12 to $15 per year. He doubted they would ever be in a position to embark on these programs if it meant hundreds of dollars per year -he doesn't think anybody would be foolish enough to do that. We have a document that is a guide - it has become more and more comprehensive every year. The bottom line of this budget will come after the public hearing and the adoption date. The scary part is that the initial and the most expensive portions of it are to be done next year. That ' s when this Council has to make the decisions as to what we will embark upon. He believes this is a well planned, comprehensive CIP document and thinks we will find the same in the budget document. Paul is conservative, but he' s not failed us yet. In the last four years, the expendi- tures are drastically reduced. He wholeheartedly supports the CIP. The resolution was unanimously adopted: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert , Williams and Mayor Sevila. Nay: None. 87-68 - RESOLUTION - ACCEPTING THE DEED OF LAND BY THE LEESBURG VOLUNTEER FIRE COMPANY On motion of Mr. Kelley, seconded by Mr. Tolbert, the following resolution was proposed: 39 MINUTES OF APRIL 8, 1987 MEETING. WHEREAS, the Leesburg Volunteer Fire Company, a Virginia Corporation, has offered to deed 0.32608 acres of land lying at the south end of Liberty Street to the Town of Leesburg; and WHEREAS, this Council wishes to accept this gracious deed of land and dedication: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia, as follows: SECTION I. The donation of the 0.32608 acre parcel "C" shown on a plat prepared by DeLashmutt Associates, dated November 1974, to the Town of Leesburg by the Leesburg Volunteer Fire Company is accepted. SECTION II. On behalf of the citizens of the Town of Leesburg, this Council extends its sincere appreciation to the Leesburg Volunteer Fire Company for this generous deed. Mayor Sevila asked Mr. Minor to write a letter of appreciation to the Fire De- partment for this voluntary gift. The resolution was unanimously adopted: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. 87-69 - RESOLUTION - AUTHORIZING A LEASE FOR ADDITIONAL OFFICE SPACE. On motion of Mr. Williams, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, additional office space is needed for Department of Engineering and Public Works staff; and WHEREAS, office space in Norman Myers ' new Berkeley Office Building will accommodate up to four offices and is leasable at a reasonable rate: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: The manager is authorized to execute a lease agreement, in a form ap- proved by the town attorney, with Norman Myers for approximately 892 square feet in the new Berkeley Office Building for a period not to exceed two years and under the terms and conditions as transmitted to Council in a staff report dated March 27, 1987. Mr. Williams hoped that we will be able to address the question of office space reasonably soon after the Design Competition has made its recommendation to us. Mayor Sevila has made an appropriate observation about how rapidly the staff is growing - we have to have enough staff to address the issues that may come before the community. Mr. Curry mentioned tonight that the Planning Commission is being overwhelmed by items that continually% come back to them. The reso- lution was unanimously adopted: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. 87-70 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF LEESBURG IN THE SIX-YEAR IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1987-88 THROUGH 1992-93. On motion of Mr. Kelley, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Virginia Department of Transportation (VDOT hereinafter) is revising the Six-Year Improvements Program for fiscal years 1987-88 through 1992-93; and 40 MINUTES OF APRIL 8, 1987 MEETING. WHEREAS, VDOT will be conducting a preallocation hearing on April 9 in Fairfax County to determine funding for urban system and primary system projects in the Northern Virginia construction district; and WHEREAS, it is necessary that a request, by Council resolution, be made before VDOT allocates funds in the Six-Year Improvements Pro- gram for urban system projects; and WHEREAS, the Plaza Street extension project, the relocation of Route 654 between Lawson Road and Cardinal Park Drive, and the widening of Catoctin Circle from South Street to King Street are already on the VDOT Six-Year Plan; and WHEREAS, VDOT 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: SECTION I. VDOT is requested to establish the following projects as part of its Six-Year Plan: Priority Project Description #1 Plaza Street extension from East Market St. to Sycolin Rd. at Rockbridge Dr. , a distance of approximately 2700 feet #2 Relocation of Rt. 654 between Lawson Road and Cardinal Park Drive, a distance of approximately 1350 feet #3 Widen Catoctin Cir. from South St. west to South King St. 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 approximately 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 proj- ects in accordance with Section 33. 1-44 of the Code of Virginia, as amended and that, if the Council subsequently elects to stop or can- cel any of the projects, the town hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT is notified of such suspension or cancellation. SECTION III. VDOT is requested to establish as a primary system project the acquisition of right-of-way for the completion of the grade-separated interchange at the Route 7/Route 15 intersection on the east end of town for the following 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 adnd regional growth continues to escalate traffic problems at this intersection. 3. This project is included in the draft corridor study submitted by VDOT to the Town of Leesburg. 4. Acquisition of this right-of-way prior to development of the property will save an estimated $8 million in taxpayers' money. SECTION IV. VDOT 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 Bypass, hereinafter referred to as "Loudoun Parkway". This alignment is essential to the future transportation systems of Loudoun and Leesburg for these reasons: 41 MINUTES OF APRIL 8-, 1987 MEETING. 1. A true radial route will be established from Leesburg, reducing congestion on Route 7 east of the Bypass. 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 Dulles International Airport . 5. The Loudoun Parkway will provide a potential opportunity for the future extension of light rail service to Leesburg. Mr. Kelley said this is just a continuation of what they started in the last three years. Presenting it tomorrow is another step - this is one program we have been able to get Council agreement on. Hopefully, with the change in fund- ing procedures with VDOT, perhaps we will be fortunate enough to get funding to accomplish a couple of these in the near future. The resolution was unanimously adopted: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. 87-71 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 20 TO R. F. KLINE, INC. FOR WORK COMPLETED AT THE WASTEWATER TREAT- MENT PLANT. On motion of Mr. Kelley; seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the contract for improvements at the Wastewater Treatment II/ Plant was awarded to Richard F. Kline, Inc. ; and I WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the Council of the Town of Leesburg provides: "The Council at its op- tion will require prior approval of all requisitions for payment under this contract"; and WHEREAS, the contractor has submitted Payment Request No. 20 on March 25, 1987 and Camp, Dresser & McKee has reviewed and approved this request ; and WHEREAS, the Director of Engineering and Public Works has recom- mended payment of Payment Request No. 20 in the amount of $158,361.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in.Virginia as follows: Payment in the amount of $158,361.00 ($166,696.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 20 for the Wastewater Treatment Plant Expansion Project. Mr. Kelley understood the project is moving along ; relatively close to schedule. We still have our target dates - there might be some slight slippage of 30 to 45 days on completion, but the contractor continues to be one of the better ones. He is doing everything in his power to bring this project in on a relatively de- cent completion schedule. The resolution was unanimously adopted: Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. 87-72 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING #ZM-89 DARRELL RODGERS On motion of Mr. Leach, seconded by Mr. Kelley, the following resolution was proposed :and unanimously adopted: 42 MINUTES OF APRIL 8, 1987 MEETING. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider Rezoning #ZM-89 by Darrell Rod- gers shall be published in the Loudoun Times-Mirror. The notice shall be published on April 9 and April 16, 1987 for public hearing on April 22, 1987 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. 87-73 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR THE ROXBORO SUBDIVISION On motion of Mr. Kelley, seconded by Mr. Tolbert, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the town an agreement (Form PC-2) with Roxboro Chase Limited Partnership of Alexandria, Virginia, for installation of public improvements shwon on the plans approved by the Director of Engineering for the Roxboro Subdivision. SECTION II. The extension of municipal water and sewer works for the Roxboro Subdivision 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 from the Central Fidelity Bank of Richmond, Virginia, in the amount of $275,000 is approved as security to guarantee installa- tion of the improvements shown on plans approved by the Director of Engi- neering for the Roxboro Subdivision. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila. Nay: None. �. There being no further business, the meeting was adjourned. E /J Mayor /E'er/oma///, Clerk of . e Council