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HomeMy Public PortalAbout1987_04_22 43 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, APRIL 22, 1987 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on April 22, 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 Assistant Town Manager, Stephen Owen. Present were Mayor Robert E. Sevila, Councilmembers Arl Curry, Brian Kelley, Hunter Leach, Jerry Pelkey, John Tolbert, Jr., and Charles Williams; also present were Assistant Town Manager, Stephen Owen; Director of Planning, Zoning and Development, Martha Mason-Semmes; Director of Engineering, Tom Mason; Assistant Director of Engineering, Keith Kirschnick; Director of Finance, Paul York and Assist- ant Director of Finance, Steve Krisa. Planning Commission members present were James Clem, Mervin Jackson, Marvin Belles, Reginald Gheen and Arl Curry. PETITIONERS Annette Petrillo, representing the Homeowner's Association for Exeter II addressed Council regarding setbacks. There is a twenty-foot setback requirement which is impossible to meet in this area since many of the yards range in size from twenty to twenty-five feet. Several of the homes are built in such a way that decks are necessary to safely utilize backyard space. The setbacks for storage sheds would result in most sheds in the area having to be put in the center of the yard, not very appealing spot. The builder has added sheds to one model home in the area which seems to be in violation of the current setback requirements. Several months ago the residents asked for a change in the setback requirements and to date . nothing has- been done. The residents are asking that the present twenty- foot requirement be reduced to a five-foot requirement. The Mayor asked if the homeowner's association had submitted a formal request for this change to the Zoning Department. Martha Mason-Semmes responded that this problem would be addressed in the general regulations which are at the Planning Commission review stage. This report is due to be finalized at the end of April and at that time staff can revise the zoning ordinance to allow decks to encroach on setbacks. ' Kat Imhoff, a planner with the Piedmont Environmental Council, was present to announce that the Town of Leesburg had won a distinguished planning award for its Town Plan, 1986. The Virginia Chapter of the American Planning Association sponsored this award. The Town Plan 1986 was chosen because "the Plan provides an excellent example of what can be done with a limited staff and resources; the plan is well written and graphic, making it easy to understand; and in addition its use of annual review criteria and standards should be commended". They felt the plan is a good example for other communities to refer to. Mayor Sevila accepted the award and thanked Ms. Imhoff for presenting it to the Town. He commended both the Planning Department and the Citizen Committee that laid the groundwork for this plan several years ago. JOINT PUBLIC HEARING ON ZONING MAP AMENDMENT ZM-89, PETER BURNETT Since this is a joint public hearing with the Planning Commission, Mayor Sevila asked the Chairman of the Planning Commission if there was a quorum of the Planning Commission present. Mr. Jackson indicated that there was. The staff report was given by Martha Mason-Semmes in which she stated that this was a rezoning for a 13,000' square foot parcel of land referred to as the Ordinary. Downzoning of this land from R-2 to R-1 is being requested. The reason is that the R-1 district would permit the conversion of a single family dwelling to two-family dwelling as long as the exterior is not altered in any way. Mr. Burnett wants to take the two buildings and make each one of them duplexes. The renovation of these buildings has been going on for years and the staff is supportive of- this latest effort. Peter Burnett provided architectural drawings of the renovation" plans and gave a brief overview of what is intended for this property. The units will average approximately 1200 square feet each. John Tolbert asked if any of the or/ginal bricks will be utilized in this renovation. Mr. Burnett responded that they are going to use as many as possible, but that the walls are not stable at present. i 45 MINUTES OF THE APRIL 22, 1987 MEETING proposing a sidewalk connection and bridge over the drainage swale in the area of Heritage Way and Marshall Drive. This will provide access to the school. They are proposing an emergency access from Cherry Lane along the southern portion of the site to Heritage Way. Mayor Sevila asked what the response was to the Planning Commission's request to provide more brick in the facade. Mr. Fissell responded that there will be an increase in the amount of brick, but was not sure how much yet. Mr. Williams asked how many one and two bedroom units were proposed. Mr. Fissell responded that there would be ninety one-bedroom units and 156 two bedroom units. Mr. Williams asked about the square footage of the units. Approximately 900 square feet. 1 The first member of the public to address this issue was: Christine Forrester of 916 Marshall Drive addressed Council regarding the connection of Marshall Drive. Proffers that were made in 1981 by International Pavilion included that the applicant is willing to close Harrison Street (now Marshall Drive) to prevent access to the present site in question. When the Varnon office building and the duplexes on .Heritage Way were constructed, the town upheld the proffer not to allow the extension of Marshall Drive. In the 1986 Town Plan, Marshall Drive is defined as a collector and the only extension would be at the other end of the street. Ms. Forrester stated that the safety of the children who have to walk to Leesburg Elementary School must be a foremost consideration. The walkover from the site in question is welcomed by current residents of Carrvale. William E. Kline said everybody agreed earlier that Marshall Drive and Cherry Lane would remain closed and he sees no change to this at this time. He has not heard any comments concerning this either and the developer is willing to go along with that. He is quite satisfied to allow these two streets to be closed - this is the only thing to do. This is an insufficient report in light of what is offered by the builder - they just want proffers to remain as they are and this is not in the best interest of the town. They respectfully ask the Council to reapprove the one approved six years ago - allowing the streets to remain closed and using Cherry Lane as an access road between them. Colin MacDiarmid, Sr. could see no reason to cut Marshall Drive through. He said when he comes around Cherry Lane, he slows down. If the people don't want it, it would seem that the town could keep that quiet corner safe for the children. Mayor Sevila stated that he had received a call from Colin MacDiarmid, Jr, who could not attend this evening, but stated that he is opposed to the connection being made. Bill Strum of 903 Marshall Drive asked that Council go along with the previous proffers - he hopes they will be left intact. The public hearing was closed at this time since there was no one else from the public who wished to address Council on this issue. Mr. Kelley said that he had calls from ma ny people who are present this evening; also the President of the PTO from Leesburg Elementary School is opposed to the opening of Marshall Drive. The President of Exeter I homeowner's association expressed his concernas did Mr. Whitmore, Principal at Leesburg Elementary. The question was asked what the lifespan of a proffer is. It is per- petual as part of an ordinance until it is changed, or not changed. On a motion by Mr. Williams and seconded by Mr. Curry, Council voted unanimously to refer this matter to the Finance and Administration Committee meeting of May 5. Mayor Sevila thanked everyone for coming out on these items, particu- larly the Planning Commission.members for being present for the joint hearing. 46 MINUTES OF THE APRIL 22, 1987 MEETING COUNCILMEMBER COMMENTS Charles Williams began by thanking the Loudoun Museum for their recent reception sponsored for the Councilmembers to thank them for their interaction with the museum. He then bid farewell to Stephen Owen who will be leaving to join Frederick County government. Last week he attended the regional meeting of VDOT and toured certain areas with their representa- ' tives. As part of the parks and recreation report, Mr. Williams introduced Wayne Hughes. Mr. Hughes came forward at this time and stated that he was honored to have been selected to work on the parks and recreation project, and looks forward to working on the many important goals. He stated that they had recently completed a study for the City of Williamsburg that was very similar in scope. For their study in the City of Alexandria they were awarded national and state honors. Mr. Carney and Mr. Williams visited the facility in Alexandria and were very impressed with it. Mr. Carney stated that he was very excited about what was happening with Ida Lee Park and commended both staff and the committee members for their dedication toward this project. Hunter Leach also bid farewell to Stephen Owen and wished him luck with his future. He mentioned that he has enjoyed working with Steve and that Steve was always available to answer questions for him. Arl Curry reported on the April 16th Planning Commission meeting at which they approved the final plat for Roxburry Townhouses, approved the final development plan for Virginia Power on Sycolin Road, approved a pre- liminary and final development plan for Leesburg Airport, approved the pre- liminary plat for Turner Wilson subdivision, approved a small addition for the Leesburg United Methodist Church, re-approved final plat for 201 Joint Ventures, recommended approval to Council for Special Exception #87-1, Pulte Homes, recommended approval for ZM-86 for Santmyer Planned Develop- ment with conditions. There is another meeting planned this month because of the heavy work load. Brian Kelley attended the EDAC committee meeting a week ago and mentioned that Steve Owen had been a great help to the committee. They addressed some planning for a good description of duties for the eventual Economic Development Director. They will address this in more detail at the next meeting. John Tolbert also thanked the Loudoun Museum for their reception. He bid farewell to Steve Owen and wished him luck. MAYOR'S REPORT Mayor Sevila also wished Mr. Owen the best of luck. He went on to say that a notice of a hearing from Virginia Power has been received which calls for action sometime in May. Last year the town was selected as a subject of a study by Women in Leadership sponsored in part by the Junior Women's League. A report has been received on this study and concerning this year's program. Anyone interested in participating in this should contact the Junior Women's League and the Mayor urged that the town help in promoting this. Notice was received from Brian Mitchell, State Historic Preservation Officer, which was addressed to the town advising them that there will be funds set aside by the Division of Historic Landmarks to be j given to certified local governments. Requirements for this are set out in the memorandum. It appears that the town meets these requirements and perhaps the process of applying should be considered. There are two proclamations this evening and Mayor Sevila called on Brian Kelley to read the first because of his involvement with the VFW: MAYOR'S PROCLAMATInN WHEREAS, the citizens of this city are extremely proud of this Nations more than 200 year Heritage of Freedom and are loyal to the ideals, traditions and institutions which have made our nation so great, and 47 MINUTES OF THE APRIL 22, 1987 MEETING WHEREAS, their obvious dedication of our way of life is indicative of a strong, continuing desire to preserve the priceless American heritage, and WHEREAS, they will be proud to stand up and publicly declare their determination toward actively and positively safeguarding our freedoms against any foreign or domestic enemies, now THEREFORE, I Robert E. Sevila, Mayor of the Town of Leesburg, Virginia, hereby call upon all my fellow citizens to take full advantage of . i the special occasion known as LOYALTY DAY, celebrated annually throughout the nation on the first day of May, as an incentive for every true American to reaffirm his and her love of Flag and Country, and I urge that all individuals, schools, churches, organizations, business establishments and homes within my official jurisdiction display proudly the Flag of the United States of America and participate in public patriotic Loyalty Day activities which are to be co-sponsored by the Veterans of Foreign Wars of the United States, and others, on LOYALTY DAY, May 1, 1987. The next resolution declares May 10-16, 1987 as Municipal Clerk's Week. RESOLUTION PROCLAIMING THE WEEK OF MAY 10-16, 1987 AS MUNICIPAL CLERK'S WEEK WHEREAS, the responsibilities of providing day-to-day governmental services have been delegated almost exclusively to local government; and WHEREAS, these local units of government - the county, city, town, township, village and borough - have had to cope with maintaining current and additional services at high performance levels, often mandated' by federal and judicial directives, on a revenue base that is gradually diminishing; and / WHEREAS, the office of Municipal Clerk is the agency to which citizens most often turn in order to learn of specific services, functions, and actions of their local government: NOW THEREFORE BE IT RESOLVED, that during the observance of MUNICIPAL CLERK'S WEEK to be held in the second week of May 10 through 16, 1987, the county, city, town, township, village, and borough clerks dedicate themselves to informing the public of the worth of local government, the high productivity and efficiency level of services provided, and the importance of preserving and expanding upon existing local programs and maintaining and building the facilities and organization that deliver these services; and NOW FURTHER BE IT RESOLVED, that the county, city, town, village, township, and borough clerks during the observance of MUNICIPAL CLERK'S WEEK do this through open'houses, displays, reports, announcements, news articles, radio and television -presentations, talks, and special events emphasizing the relationship of their office to the overall operations of local government and the role the municipal clerk has within its structure. Helen Kawagoe, Ti:President, IIMC i . on a motion by Mr. Williams and seconded by Mr. Pelkey, t was recommended that May 10-16, 1987 be proclaimed Muncipal Clerk's Week in Leesburg. AYE: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila NAY: None The Mayor announced that this Saturday would be the- opening day for Central Loudoun Little League and urged all Councilmembers to attend. •pue;3e oq sae TIP pebin pup enbea' aTg;TR unopno'I ieiqua0 Io; Asp buruado ayq eq PinoM Asptnes srgg geyq PaoUnoUus zoAaw aqy auoM :ALN eTTAas zoAew pue SweTITTM ';ieq oy 'Aa3Ted 'goee'I 'AaTTax 'AIznD SzagwawTTOUn03 :arc/ •bingseaq ur XaaM SINISTD TedTounw paw-Fe-paid eq L86i '9i-0i AeW qeq; papuawwooai sem gT 'Aa3Tad •1W Aq papUooas pus, SweTTTTM •IW Aq uor;ow a uo . 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WHEREAS, the Department of Engineering and Public Works has reviewed i the bid and finds the Merit Construction Associates bid to be responsive to the requirements of the Contract and the price appears reasonable. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A contract award is made to Merit Construction Associates, Incorporated to perform this work on a lump sum basis in the amount of $26, 725. SECTION II. The Manager shall enter into a contract with Merit Con- struction Associates, Incorporated for this project based on this award. SECTION III. An appropriation of funds is authorized from the General Fund Unappropriated Fund balance in the amount of $7,000 to General Fund Account 200-4102-700-094, Sycolin Road Improvements for fiscal year ending 61/30/87. 87-76 - RESOLUTION - AUTHORIZING A ONE-YEAR LEASE EXTENSION WITH NORMAN PEARSON FOR THE IDA LEE PARK AND FARMHOUSE WHEREAS, the Council on January 22, 1986, by Resolution No. 86-13, authorized a one-year lease agreement with Norman Pearson for the Ida Lee ill Park Property; and WHEREAS, this lease expired on March 1, 1987; and WHEREAS, a one-year lease extension for this property to the Pearsons will not interfere or impede with planning and development of the Ida Lee Park; and WHEREAS, this lease extension will ensure the property maintenance of the Ida Lee parkland and provide security for the land and farmhouse: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute a one-year lease extension on behalf of the town, in a form approved by the town attorney to include the same terms, rent and conditions set forth in the previous lease agreement for this property. 87-77 - RESOLUTION - AUTHORIZING A CHANGE ORDER TO THE CATOCTIN CIRCLE PROJECT FOR A RIGHT-TURN LANE ON EAST MARKET STREET AND MAKING AN ADDITIONAL APPROPRIATION WHEREAS, Resolution #86-230 adopted October 22, 1986 authorized the Manager to execute a change order on behalf of the Town, with Merit Con- struction Associates, Inc., for the construction of a r4ght-turn lane on East Market Street at Catoctin Circle in an amount not to exceed $55,000; and WHEREAS, Merit Construction Associates, Inc. submitted a price of $79,845.00 to construct the right-turn lane and modification to the traffic control signal in accordance with plans and specifications prepared by Patton, Harris, Rust and Associates; and 1 WHEREAS, the Town of Leesburg's engineering consultant, Patton, Harris Rust and Associates and the Director of Engineering and Public Works have reviewed Merit's proposal and recommend approval of the change order: 50 MINUTES OF THE APRIL 22, 1987 MEETING THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager is authorized to execute a changes order on behalf of the town, with Merit Construction Associates, Inc. for the con- struction of a right-turn lane on East Market Street in accordance with plans and specifications prepared by Patton, Harris, Rust and Associates in an amount not to exceed $79,845. SECTION II. An appropriation is made from the General Fund to Account No. 4102.700.097.200, Catoctin Circle Extension, in the amount of `$24,845 for the fiscal year ending June 30, 1987. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion by John Tolbert and seconded by Brian Kelley, the following resolution was proposed and unanimously adopted: 87-78 - RESOLUTION - ENDORSING APPOINTMENTS OF DALE R. McGUIRE TO THE STATE EMERGENCY RESPONSE COMMISSION AND JOHN J. SCAFIDE TO A LOCAL EMERGENCY PLANNING COMMITTEE WHEREAS, the Governor of Virginia is expected to have an opportunity to appoint a State Emergency Response Commission under Title III, Section 301(a) , of the Superfund Amendments and Reauthorization Act of 1986; and WHEREAS, one of the State Emergency Response Commission's responsi- bilities will be to establish Emergency Planning Districts in which Emergency Planning Committees will be formed; and WHEREAS, Dale R. McGuire is well qualified for and willing to serve on the State Emergency Response Commission; and WHEREAS, John J. Scafide, Fire Chief of the Leesburg Volunteer Fire Department, is well qualified for and willing to serve on an Emergency Planning Committee. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Dale R. McGuire is hereby endorsed and recommended for an appointment by the Governor of Virginia to the State Emergency Response Commission. SECTION II. John J. Scafide, Fire Chief of the Leesburg Fire Depart- ment, is hereby endorsed and recommended for an appointment to the local" Emergency Planning Committee. SECTION III. The manager is directed to transmit a copy 'of this resolution to Governor Gerald L. Baliles. Charles Williams stated that Senator Waddell and Delegate Rollins should be contacted to help support this endorsement. Mayor Sevila asked that staff prepare a letter to these individuals along with Bob Andrews urging them to support this endorsement. The Mayor went on to say that he was pleased about working with these individuals and praised their efforts on behalf of working with the Volunteer Fire Depart- ment. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 51 MINUTES OF THE APRIL 22, 1987 MEETING On a motion by Charles Williams and seconded by John Tolbert, the following resolution was proposed and unanimously adopted: 87-79 - RESOLUTION - AUTHORIZING A CONTRACT WITH THE HUGHES GROUP TO PREPARE A MASTER PLAN AND FEASIBILITY STUDY FOR IDA LEE PARK INCLUDING FINAL DESIGN AND INSPECTION SERVICES FOR A NATATORIUM AND GYMNASIUM WHEREAS, the Town of Leesburg received proposals on March 2, 1987 from architectural and engineering professionals to prepare a master plan and feasibility study for Ida Lee Park, including final design and inspection services for a natatorium and gymnasium; and WHEREAS, the review committee ranked the Hughes Group the highest rated firm on the basis of their proposal, interviews and references: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager is authorized and directed to enter into a contract on behalf of the Town, with the Hughes Group in an amount not to exceed $300,000 for the preparation of Phase I Feasibility Study, Phase II Master Plan and Phase III Final Design and Construction Services for a natatorium/gymnasium for Ida Lee Park. SECTION II. The Notice to Proceed for Phase III shall be withheld until the FY 88 Budget incorporating sufficient appropriations for these services is approved. Charles Williams stated that being able to provide an acquatic center for the citizens of a jurisdiction is a rare opportunity for a town council. Much work was put into this effort and it was difficult to pick onP group to do the work, but he feels very confident that the Hughes Group will do an excellent job for the town. ' Arl Curry feels that this is an appropriate use for recreation purposes for the citizens of the town. This certainly is better than just providing a playground. The Mayor reiterated some of the points of the resolution for Mr. Hughes and said it was important that his group understands these points. He went on to say that he is really looking forward to seeing the product that the Hughes Group will provide. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Charles Williams and seconded by John Tolbert, the following resolution was proposed and unanimously adopted: 87-80 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE COUNTY OF LOUDOUN REGARDING FOXRIDGE PARK WHEREAS, the Loudoun County Parks and Recreation Department is willing to participate in 50% of the costs of installing sod for the play fields at Foxridge Park; and WHEREAS, this will accellerate the availability of these fields for organized sports activities and public use in general; and WHEREAS, the Loudoun County Parks and Recreation Department has offered to schedule and maintain the play fields for organized soccer and girls softball; and WHEREAS, the Leesburg Parks and Recreation Commission has unanimously endorsed this arrangement: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 52 MINUTES OF THE APRIL 22, 1987 MEETING The manager is authorized and directed to execute, on behalf of the town, an agreement with the County of Loudoun authorizing the town's equal participation in the costs of sod for the Foxridge Park play fields and the scheduling and maintenance of these areas by the Loudoun County Parks and Recreation Department. The form of agreement shall be as approved by the town attorney, containing similar terms as contained in the draft agree- ment transmitted to Council on April 17, 1987. Charles Williams stated that the town and county can work together effectively to provide quality recreation for their citizens. He hopes that more agreements such as this can be entered into in the future. Arl Curry commented that possibly at a later date the park should be renamed. He feels that the name Foxridge Park gives the impression that this park is only for the residents of the Foxridge Subdivision. Mr. Williams agreed with this comment and said he feels that this should be put on the Finance and Administration Committee agenda in the future for consideration. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None At this time there was a short recess. The meeting was called back to order. On a motion by Charles Williams and seconded by Hunter Leach, the following resolution was proposed and unanimously adopted: 87-81 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING #ZM-84, GARY P. GRIMM RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider Rezoning #ZM-84 by Gary P. Grimm shall be published in the Loudoun Times-Mirror. The notice shall be published on April 30 and May 7, 1987, for public hearing on May 13, 1987 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. Charles Williams said that this was changing a proffer, and the resolution does not specifically set out that this is a proffer amendment. Stephen Owen assured that the public notice would clarify this. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS On a motion by Charles Williams and seconded by Brian Kelley, the following resolution was proposed and unanimously adopted: 87-82 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR BELLEMEADE FARMS 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 Lokey Properties of Houston, Texas, for installation of public improvements shown on the plans approved by the Director of Engineering for Bellemeade Farms. 53 MINUTES OF THE APRIL 22, 1987 MEETING SECTION II. The extension of municipal water and sewer works for Bellemeade Farms is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. An irrevocab e bank letter of credit in a form approved by the town attorney from the F rst American Bank of McLean, Virginia, in the amount of $240,000 is appro ed as security to guarantee installation of the improvements shown on the p ans approved by the Director of Engineering for Bellemeade Farms. Aye: Councilmembers Curry Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Charles Williams and seconded by Hunter Leach, the following resolution was proposed and unanimously adopted: 87-83 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR THE RUCKER- BAYS RETAIL CENTER 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 Rucker-Bays Limited Partnership of McLean, Virginia for installation of public improvements shown on the plans approved by the Director of Engineering for the Rucker-Bays Retail Center. SECTION II. An irrevocable bank letter of credit in a form approved by the town attorney from the First American Bank of McLean, Virginia, in the amount of $24,376 is approved as security to guarantee installation of 111 the improvements shown on plans approved by the Director of Engineering for the Rucker-Bays Retail Center. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion byCharles Williams and seconded byJerryPelkey, the following resolution was proposed and unanimously adopted: 87-84 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR THE RUCKER- BAYS SUBDIVISION 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 Rucker-Bays Limited Partnership of McLean, Virginia, for installation of public improvements shown on the plans approved by the Director of Engineering known as the Rucker-Bays water and sanitary sewer plan. SECTION II. The extension of municipal water and sewer works for the Rucker-Bays 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 First American Bank of McLean,. Virginia in the amount of $42,244 is approved as security to guarantee installation of the improvements shown on plans approved by the Director of E^gineering. 1 54 MINUTES OF THE APRIL 22, 1987 MEETING Charles Williams asked what will be going into the Rucker-Bays sub- division vs. the Rucker-Bays shopping center. Mr. Curry stated that there were about three to four different lots in this subdivision. In the development plan, this is considered a subdivision. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay• None On a motion by Charles Williams and seconded by John Tolbert, the following resolution was proposed and unanimously adopted: 87-85 - RESOLUTION - MAKING AN APPROPRIATION TO THE PERSONNEL AND PARKS AND RECREATION DEPARTMENTAL BUDGETS FOR THE FISCAL YEAR ENDING JUNE 30, 1987 WHEREAS, the departmental budgets for Personnel and Parks and Recreation for the fiscal year ending June 30, 1987, contain appropriations for personnel recruitment and maintenance of town park facilities; and WHEREAS, due to the need to recruit for an assistant town manager, principal planner, zoning administrator and chief of plan review and other positions not anticipated in the budget, it will exceed personnel departmental appropriation amounts; and WHEREAS, additional improvements to Foxridge Park will exceed parks and recreation departmental appropriation amounts: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An appropriation is authorized from the General Fund i Unappropriated fund balance to the following Personnel Department accounts: Contractural Services, 200.1202.300.010 $9,000 Materials and Supplies 200.1202.540.010 1,000 Travel & Training, 200.1202.550.010 5,000 Total Personnel $15,000 SECTION II. An appropriation is authorized from the General Fund Unappropriated Fund balance to the following Parks and Recreation Accounts: Contractural Services, 200.7101.300.010 $2,500 Materials & Supplies, 200.7101.540.010 6,000 Total Parks and Recreation $8,500 The Mayor asked whether the shortfall in the Personnel Account was in fact due to the recruitment efforts that were not anticipated. Stephen Owen responded that this was a major contributing factor, along with the park maintenance. Aye: Councilmembers Curry, Kelley, Leach, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None Charles Williams asked that Stephen Owen prepare a letter to Laura Dutton again thanking her for the nice event the museum sponsored. On a motion by Brian Kelley and seconded by Jerry Pelkey, the meeting was adjourned. Mayor Clerk of Council i