HomeMy Public PortalAbout1987_08_12 133
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 12, 1987
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on August 12, 1987 at
7:30 p.m. The meeting was called to order by the Mayor with the invocation
given by Councilmember Tolbert, .followed by the Salute to the Flag led by
Dorothy Rosen. Present were Mayor Robert E. Sevila, Councilmembers Arl
Curry, Brian Kelley, John Tolbert and Charles Williams. Staff members
present were Town Manager, Jeffrey Minor; Director of Planning, Zoning and
Development, Martha Mason-Semmes; Director of Engineering and Public Works,
Tom Mason, Director of Finance, Paul York; Assistant Director of Finance,
Steve Krisa and Deputy Town Attorney, Debbie Welsh.
' PETITIONERS
The following Proclamation was read into the minutes by Clerk of
Council, Dorothy Rosen:
PROCLAMATION
WHEREAS, 17 September 1987 is the 200th Anniversary of the signing of
• the United States Constitution; and
WHEREAS, the Constitution, as ratified, embodies the ideals of liberty
under law and was designed to maintain our free government in perpetuity as
a more perfect union and to secure the blessings of liberty by consent of
the governed; and
WHEREAS, few governments in the world have been able to provide
liberty and stability to their citizens under a written constitution for
more than a generation; and
WHEREAS, the laws adopted under this charter of freedom and the
attractive way of life resulting- have drawn to our shores citizens from
every corner of the world, and provide impressive evidence of the
enlightened vision and the wisdom of the drafters of the Constitution; and
WHEREAS, the Bicentennial offers the opportunity for the American
people to rededicate themselves to the great principles that have formed
the basis for our national strength and prosperity; and
WHEREAS, it is timely and appropriate for us to keep in our hearts and
minds the marvelous achievements of the Constitutional Convention. in 1787
and to preserve the Constitutional Republic and the high ideals of our
Founding Fathers:
THEREFORE, BE IT RESOLVED that I, Robert E. Sevila, Mayor of the Town
of Leesburg in Virginia, do hereby proclaim 17 September 1987 as United
States Constitution Day.
At this time the Mayor invited interested citizens to come forward and
speak on issues of the town.
Hubbard Turner, resident of 1107 Bradfield Drive in Leesburg addres-
sed Council regarding the approval of the connection of Bradfield Drive to
Woodlea Manor. On May 13, 1987 a letter was presented to Council by the
residents of this area. A petition that represented 92% of the residents
of this area was presented to the Finance and Administration Committee on
May 19. They were advised that they would be notified before any approvals
were made on this issue. To date no notification was received. In June,
the Planning Commission gave preliminary approval for Woodlea Manor.
Although the Commission did restrict the use of the Bradfield Drive exten-
sion, they failed to address the residents'. concerns about the interface of
this extension with all the other construction in the area. Some of the
proposed road extensions in the area would have a negative impact on the
Bradfield Drive area. Even though in the town plan, Bradfield Drive is not
listed as a "collector" road, the approvals for the construction in the
area and the extension of Bradfield Drive give it the designation of a
collector road. Putting 437 houses at the end of Bradfield Drive will
negatively impact the lifestyle presently afforded in that area. The Plan
has not been given an environmental impact study. The proposed extension
and construction will impact the flood plain in the area. Mr. Turner con-
cluded by asking that Bradfield Drive remain closed as a cul-de-sac.
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MINUTES OF THE AUGUST 12, 1987 MEETING
Mayor Sevila asked that Mr. Turner clarify the point, on the Planning
Commission action.
Mr. Turner responded that the configuration of Woodlea Manor does not
have adequate entrances, only two are proposed and one is through Bradfield
Drive. The main concern is that there will be too much traffic and that
the street will turn into a "race track".
Mr. Curry said that Rt. 654 has not been located yet. There was a
proposal to have it terminate across from Country Club Drive, but there is
a traffic study being untertaken to determine the best routes.
Frank Carney, a resident of Country Club Drive, supported the comments
made by Mr. Turner. He is also addressing Council as a member of the
Leesburg Parks and Recreation Commission with respect to the resolution on
tonight's agenda. This resolution amends the contract with the Hughes
Group regarding the project at Ida Lee Park. He asked that Council approve
1 this. The Commission feels that if part of the project is put off, it will
always be put off. They feel that Leesburg can support the increased
revenues that the additional project will require. Nancy Greenwalt of the
Loudoun Memorial Hospital rehabilitative program is very interested in
working with the town for possible use of this project.
Sandra Carlson resident of 1105 Nichols Place, has attended many
Council and Planning Commission meetings over the past year. She has been
impressed with the amount of time spent by the representatives on the
issues. She did state that Councilmembers are elected to represent the
best interests of the citizens. Recently she has felt that there has been
a real struggle between the Developers and the Citizens and that the
Citizens are too often the losers in the decisions. Progress cannot and
should not be stopped, but must be carefully watched. Larger lot zoning
and more greenspace should be considered. Soon Leesburg will stretch all
the way to the county line on the south with all of the proposed
developments. The traffic will necessitate three additional traffic lights
and will result in Route 15, a scenic highway, being made into a four lane
superhighway. Reflecting on the too rapid growth in Sterling, perhaps
taking a wait and see approach would be better. She concluded by asking
that the Council please become aware and listen to the citizen's concerns
and be wary of progress that is not in the best interest of Leesburg.
Patty Muir, a resident of Bradfield Drive, stated that at it-
meeting of May 19, the Finance and Administration Committee received a
petition containing 510 signatures representing 92% of the households in
Country Club. This petition asked that Bradfield Drive remain closed.
She thanked those councilmembers that had visited the neighborhood to
further discuss the proposal. They had assured that the Planning Commis-
sion would be sympathetic with the needs of the neighborhood. After
having been told that the group would be contacted when the extension
proposal arose again, Council made the decision to go forward with the plan
to extend Bradfield Drive without notifying the neighborhood group. When a
commitment is dismissed then credibility is lost. After what appeared to
be a compromise was met, the plan was again changed without notification to
the neighborhood group. Ms. Muir went on to say that the representatives
of the council are elected and seem to be neglecting their duty to keep the
interests of the citizens in mind. She asked that considerations of the
people be recognized and seriously responded to.
Doug Rowell, resident of 1205 Bradfield Drive, addressed Council with
a summary of what had occurred. Several months ago when the Woodlea devel-
opment
surfaced, residents began to research its impact on the current
neighborhood. The construction traffic along with the extension of
Bradfield Drive were researched for the purpose of their impact on the
current neighborhood and its quality of life. He also thanked the council-
members who attended the neighborhood meetings to hear the citizens' views.
Following these meetings the residents were encouraged and believed the
dialogue that was involved in the process. They were assured that no final
decision would be made until the residents made a formal presentation to
Council. Several meetings with the developer were held to try to determine
negotiating points that would be suitable to both sides of this develop-
ment.
A draft agreement was forwarded to the town, it was reviewed, but
comment on it was not received. On July 2 the Planning Commission was
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MINUTES OF THE AUGUST 12, 1987 MEETING
presented with an agreement that had been altered and that was not
agreeable to the residents of Bradfield Drive. The Planning Commission
approved this agreement. In conclusion, Mr. Rowell presented his concerns
over the matter in which this proposal was handled. He felt there was a
strong commitment by the residents to-assist in making this proposal one
that would be agreeable to all persons involved. The concerns were not
seriously addressed by either the Planning Commission, Town Staff or the
Town Council. He encouraged that the draft compromise that was reached
between the developer and the residents of the neighborhood be
reconsidered.
Mayor Sevila asked Mr. Rowell which points of the compromise were
struck from the agreement. Mr. Rowell responded that they had asked that
Bradfield Drive not be used by construction vehicles, and that there be no
connection between the old area and Woodlea. The agreement states that
there will be no connection until 95% of the construction is complete, in
essence stating that the connection will be forthcoming. The residents
feel that the decision to connect the street should be considered at a time
closer to the completion of the Woodlea project.
Charles Bos, representative on the County Board of Supervisors, spoke
on the recreation complex proposed for Ida Lee Park. He stated that he
would like to see the County contribute to this very worthwhile. project.
The county has drafted a Parks and Recreation service plan. This plan
recognizes that the county is behind in meeting the needs for recreation in
the area. Basically the three portions of the county are separately
identified based on population and projected growth of each area. The plan -
will then identify the CIP money needed to bring each area up to par. It
is obvious that the complex at Ida Lee Park will attract residents from
outside the immediate Leesburg area and that the town will not
differentiate between the residents. It is for this reason that Mr. Bos
feels that the county should contribute toward this effort. He went on to
report that the Windmill Shopping Center will probably be approved within
the next few months.
Mr. Williams thanked Mr. Bos for his initiative at the Board level to
support the recreation project.
COUNCILMEMBER COMMENTS
Charles Williams thanked Mr. Turner, Ms. Muir and Mr. Rowell for
speaking before Council this evening on the Bradfield Drive issue. He then
addressed these people regarding the Finance and Administration Committee
meeting. The fact that the residents would be notified was recalled by Mr.
Williams. The town manager had sent several correspondence items regarding
this issue to Council, and it was assumed that copies were sent to those
other parties concerned. The fact that the agreement was altered was some-
thing that he was not a part of and not aware of. On another subject, in
regard to the Ida Lee Park project, Mr. Williams stated that he was pleased
with the support this project is receiving.
On July 31 the VML Community and Economic Development Committee met in
Richmond. At this meeting a final draft of its policy statement was prepared
for submission to the VML meeting in September.
Red Royston has resigned from the Airport Commission because of an
impending move out of the area.
Arl Curry reported on the August 6 Planning Commission meeting. The
Greenway residential concept plan and preliminary development plan were
discussed. The Leesburg South planned residential community was also
discussed. Several residents asked about buffering around their existing
homes and also asked if water and sewer connections would be available to
existing residences in the area. The final plat of the two lot subdivision
on Wirt Street was approved, along with the final plat for Carnaby Square
(a townhouse subdivision between Edwards Ferry Road and Ft. Evans Road) .
Recommended to Council approval of the special exception for surfacing at
the Westpark Hotel area.
I 136
MINUTES OF THE AUGUST 12, 1987 MEETING -
Brian Kelley attended the Economic Development -Advisory Committee
meeting this morning. Hugh Harmon of the County Tourism office was the
guest speaker. He reported on the tourism meeting that was held at the
Holiday Inn a few weeks ago. Some good suggestions for tourism in Leesburg
were addressed. The committee will work up a proposal on these and present
them to Council at a later date.
1 Mr. Kelley addressed the Bradfield Drive residents, stating that he was
one of the councilmembers who attended the neighborhood meetings. He
mentioned that he was unaware of the agreement change, but he also stated
that he was not contacted by any of the residents that a problem existed.
It was not until tonight that he was aware of the magnitude of the problem.
MAYOR'S REPORT
The Mayor said that he also felt that an agreement had been reached on
the Bradfield Drive issue. He thanked the residents for their extensive
efforts to research this and make their fine presentations. He was pleased
that a connection, under certain circumstances, would be acceptable to the
residents. He did receive a phone call and some documents regarding the
changes in the agreement. The fact that the citizens received no notice of
proposed action was troublesome. It was understood at all levels of the
process that the agreement was acceptable to all. He stated that the •
concerns of the citizens need to be addressed and that an explanation of
the transpired actions be provided,_-
• Mr. Minor commented that staff wanted to know what kind of involvement
Council and Committee were to have on this. The item was put on the
Finance and Administration committee agenda prior to Planning Commission
consideration. It was assumed that the agreement was circulated and that
everyone was aware of its contents. There has been excellent involvement
on behalf of the Bradfield Drive residents. This is all a preliminary
development plan and there is nothing "cast in concrete" at this time.
There will be many more reviews and discussions on this issue. The
sensitivity of the issue has been recognized by staff and they worked
closely with the Planning Commission to review the language of the
documents involved. The staff also did not realize that there was a
problem of this magnitude at this time. The language did require change
because it would not have been workable. Mr. Minor invited the represent-
atives of Bradfield Drive to be instrumental in the further review of this
agreement. He feels very confident that a mutually acceptable agreement
can be worked out.
The Mayor asked when correspondence will be sent to Council regarding
the future of this agreement. Mr. Minor stated that this will be sent out
in the near future. It was also recommended that members of the neighbor-
hood group be specifically invited to all further review of this. Mayor
Sevila stated that what Council does should not be reflective of the
competency level of both/the Council and the Planning Commission. When
there is an issue of this magnitude it is important that the various
governing bodies work closely together.
The Cable Television Advisory Commission met last night and discussed
the deficiencies in the local origination requirements. There will be an
aggressive meeting schedule at which this will be addressed so that in the
future there will be an improvement in the local origination programming.
In regard to the vacation schedule that Council has proposed, the
length of this evening's agenda reflects the amount of work that is before
the Council.
Mr. Tolbert asked if he could put a motion before the Council which
would allow him to reconsider his vote on the cancellation of the Council
meetings in August and September. He proposed that the September 9th meeting
be put back on the schedule, cancelling only the second meeting in August.
The motion was seconded by Brian Kelley.
Mr. Curry amended this motion by asking that the August 26th meeting
be put back on the agenda rather than the September 9th meeting, and that
the committee meetings preceding it be put back on the agenda.
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MINUTES OF THE AUGUST 12, 1987 MEETING
After discussion on these motions, a vote was taken as follows to
rescind the original motion by Mr. Tolbert.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
The vote on Mr. Currw's amended motion to reinstate the August 26,
1987 and the August 18th committee meetings was as follows:
Aye: Councilmembers Curry, Kelley, Tolbert and Mayor Sevila
Nay: Councilmember Williams
Absent: Councilmembers Leach and Pelkey
MANAGER'S REPORT
There was no manager's report except for the comments made in the
aforementioned text.
LEGISLATION
On a motion by Mr. Kelley and seconded by Mr. Williams, the following
items were considered consent items and were unanimously adopted:
87-154 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON AMEND-
MENTS TO RE-ESTABLISH REGULATIONS FOR STORAGE,
CONSTRUCTION AND SALES TRAILERS
WHEREAS, legislation to strengthen the town's regulations for storage,
construction and sales trailers has been reported out of the Finance and
Administration Committee; and
WHEREAS, certain fees are imposed by these regulations; and
WHEREAS, Section 15.1-29.14 of the 1950 Code of Virginia, as amended,
requires notice before any increases in levies and fees for any utility,
planning or zoning activity is adopted:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
' A notice of public hearing pursuant to Section 15.1-29.14 of the 1950
Code of Virginia, as amended, with respect to an ordinance amending Chapter
18 of the Town Code to re-establish regulations for storage, construction
and sales trailers shall be published in the Loudoun Times-Mirror on
September 3 and September 10, 1987, for a public hearing on September 23,
1987, at 7:30 p.m., in the Council Chambers, 10 Loudoun Street, SW,
Leesburg, VA 22075.
87-0-23 - ORDINANCE - AMENDING CHAPTER 12.1, ARTICLE 21 OF THE TOWN CODE
(ARTICLE 21 OF THE PERSONNEL MANUAL) TO COMPLY WITH
STATE GRIEVANCE PROCEDURE POLICIES
WHEREAS, the Commonwealth of Virginia has established statutory
mandates for local grievance procedures; and
WHEREAS, these grievance procedures are effective July 1, 1987:
ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 12.1-53(b) of the Town Code (Article 21 of the
Personnel Manual) is amended to read as follows:
(b) Complaints are not grievable where they involve (1) establish-
ment and revision of wages or salaries, position classifications or general
138
MINUTES OF THE AUGUST 12, 1987 MEETING
benefits; (2) work activity accepted by the employee as a condition of
employment or work activity which may be reasonably expected to be a part
of the job content, however, the measurement and assessment of work
activity through a performance evaluation shall not be grievable except
where the employee can show that the evaluation was arbitrary or
capricious; (3) the contents or ordinances, these rules or other
established procedures and regulations; (4) failure to promote except
where the employee can show established promotional policies -or pro-
cedures were not followed or applied fairly; (5) the methods, means and
personnel by which such activities are to be carried on; - (6) except where
such action affects an employee who has been reinstated within the previous
six months as the result of the final determination of a grievance,
discharge, layoff, demotion, or suspensions from duties because of lack of
work, reduction in work force, or job abolition; (7) the hiring, transfer,
assignment and retention of employees within the agency (provided such
actions do not constitute disciplinary actions); or (8) the relief from
normal duties in emergencies. In any grievance brought under the exception
to Section 12.1-53(b)(6), the action shall be upheld upon a showing by the
town that: (1) there was a valid business reason for the action, and (2)
that the employee was notified of such reason in writing prior to the
effective date of the action.
SECTION II. All prior ordinances and resolutions in conflict herewith
are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
87-155 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTABLE PERSONAL
PROPERTY TAXES FOR 1982
WHEREAS, the 1950 Code of Virginia, Section 58.1-3940 provides for
collection of local personal property taxes to be enforceable for only five
years following December 31 of the year for which such taxes were assessed;
and
WHEREAS, the town's financial records contain outstanding personal
property taxes for the year 1982:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
That the Director of Finance is authorized to charge-off from the
town's financial records all outstanding personal property taxes for the
year 1982.
87-156 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTABLE WATER
AND SEWER ACCOUNTS
WHEREAS, the audit report for the fiscal year ended June 30, 1986,
stressed the need to improve collection procedures of delinquent water and
sewer accounts; and r
WHEREAS, one of the recommendations was to identify those accounts
considered to be uncollectable and write them off the town's books:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
That the attached listing of delinquent water and sewer accounts have
been identified to be uncollectable and authority is given for the accounts
to be written off the town's books and records as uncollectable accounts.
87-157 - RESOLUTION - AUTHORIZING THE RENEWAL AND AMENDMENT OF A CONTRACT
WITH BLUE CROSS AND BLUE SHIELD OF VIRGINIA
WHEREAS, the annual contract with Blue Cross and Blue Shield of
Virginia is scheduled for renewal on September 1, 1987; and
139
MINUTES OF THE AUGUST 12, 1987 MEETING
WHEREAS, the proposal submitted by Blue Cross and Blue Shield included
a policy amendment to provide covered employees with a prescription drug
program at a total annual cost to the town of approximately $6,500; and
WHEREAS, sufficient funding for this increased coverage is provided in
the budget for the fiscal year ending June 30, 1988:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in. Virginia
as follows:
SECTION I. The town manager is authorized to renew the annual
contract with Blue Cross/Blue Shield of• Virginia for the year beginning
September 1, 1987, and ending August 31, 1988.
SECTION II. Upon renewal, the contract will be amended to provide a
prescription drug program for all covered employees with the town paying
the total cost of the additional premiums required for the contract
amendment.
87-158 - RESOLUTION - GRANTING AN EASEMENT THROUGH FOXRIDGE PARK TO
VIRGINIA POWER
WHEREAS, the Town of Leesburg is the owner of the parcels, of land on
the west side of Catoctin Circle known as Foxridge Park; and
WHEREAS, Virginia Power is supplying an additional electrical feed
into the single-family subdivision adjacent to Foxridge Park; and
WHEREAS, the construction of this subdivision requires the additional
power source:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A permanent easement as shown on the plat accompanying the
Virginia Power easement agreement is hereby granted to the Virginia
Electric and Power Company and the Mayor is hereby authorized to
acknowledge the same.
SECTION II. Existing landscaping in the area of the easement shall
not be disturbed.
37-159 - RESOLUTION - GRANTING PERMISSION TO THE GOOSE CREEK KIWANIS CLUB
TO CHANGE THE DATE OF THE "A DAY IN THE PARK" MUSIC
• FESTIVAL FROM AUGUST 29,1987 TO SEPTEMBER 26, 1987
WHEREAS, Council Resolution No. 87-140 granted permission to the Goose
Creek Kiwanis Club to conduct "A Day in the Park" music festival at Ida Lee
Park on August 29, 1987; and
WHEREAS, the Kiwanis Club has requested that the date be changed to
September 26, 1987, to avoid conflicts with other area activities; and
WHEREAS, this Council recognizes that the festival offers citizens
exposure to Ida Lee Park and its opportunities for family centered
recreation and cultural enrichment; and
WHEREAS, the Goose Creek Kiwanis Club has offered to use the net
proceeds from the event to assist with the development of Ida Lee Park:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Permission is granted to the Goose Creek Kiwanis Club to use Ida Lee
Park for the "A Day in the Park" music festival on September 26,. 1987,
subject to the conditions outlined in Council Resolution No. 87-140.
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MINUTES OF THE AUGUST 12, 1987 MEETING
87-160 - RESOLUTION - APPROVING A SPECIAL EXCEPTION BY THE ALLAN C. HILL
ENTERTAINMENT CORPORATION FOR A CIRCUS IN THE COUNTY
FLOOD ZONE
WHEREAS, the Allan C. Hill Entertainment Corporation of Sarasota,
Florida, has applied for a special exception for a circus in a flood zone,
to be held on September 14, 1987, on the driving range at the Westpark
Motel; and
WHEREAS, Section 740.3.3 of the Loudoun County Zoning Ordinance, as
administered by the town, requires Council approval, upon recommendation by
the Planning Commission, for circuses and other temporary entertainment
events to be located within the County flood zone; and
WHEREAS; the Planning Commission on August 6, 1987, .recommended
approval of this special exception request; and
WHEREAS, the applicant has made adequate provisions for security,
traffic control and parking:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A special' exception is approved for the Allan C. Hill Enterta`nment
Corporation to permit a circus on September 14, 1987, within the flood zone
on the driving range at the Westpark Motel, in accordance with Section
740.3.3 of the Loudoun County Zoning Ordinance, as administered by the town
for the annexation area.
87-161 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF PULTE
CORPORATION FOR REVISION OF THE ZONING DISTRICT MAP
TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER
CHAPTER 11 TITLE 15.1 OF THE CODE OF VIRGINIA, AS
AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The application of Pulte Corporation for revision of the zoning
district map, assigned No. ZM-93-, to rezone 0.56 acres of land from R-2 to
R-3, is received and referred to the Planning Commission for public hearing
and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as
amended.
87-162 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF PAT AND
CAROL FISCHER FOR REVISION OF THE ZONING DISTRICT MAP
TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER
CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS
AMENDED •
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The application of Pat and Carol Fischer for revision of the zoning
district map, assigned No. ZM-94, to rezone 0.959 acres of land from R-2
and R-3 to B-2, is received and referred to the Planning Commission for
public hearing and recommendation under Chapter 11, Title 15.1 of the Code
of Virginia as amended.
87-163 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
ZONING MAP AMENDMENT #ZM-87-EXETER PRN REVISED
PROFFERS--RICHMOND AMERICAN HOMES - '
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider rezoning application #ZM-87 by
Richmond American Homes to amend the zoning district map of the Leesburg
Zoning Ordinance to revise the previously approved preliminary development
plan and proffers on 274.9 acres of land zoned Town PRN, on land commonly
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MINUTES OF THE AUGUST 12, 1987 MEETING
known as the Exeter tract located on the east side of Route 15 Business and
bounded on the north by Corporate Limits, on the east by the Route 15
Bypass and on south by Exeter, Section I, Subdivision, Leesburg Elementary
School, Exeter Hills and land of the Paxton Home. Notice of this public
hearing shall be published in the Loudoun Times Mirror on September 3 and
September 10, 1987 for public hearing on September 23, 1987, at 7:30 p.m.
in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia.
87-164 - RESOLUTION - REJECTING BIDS FOR A STAFF CAR
WHEREAS, bid specifications were issued by the Department of '
Engineering and Public Works for an intermediate sized staff car; and
WHEREAS, the town has now determined that a compact car will best suit
the needs of the department; and
WHEREAS, a compact vehicle will save the town in excess of $2,000:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The bids submitted for the intermediate sized Department of
Engineering and Public Works staff car are hereby rejected.
87-165 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR SECTION 3,
FOXRIDGE 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 Pulte Home Corporation of McLean, Virginia
for installation of public improvements shown on the plans approved by the
Director of Engineering and Public Works for Section 3 of Foxridge
Subdivision.
SECTION II. The extensionof municipal water and sewer works for
Section 3 of Foxridge 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 First American Bank of Virginia in the amount of
$655,809.00 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering and
Public Works for Section 3 of Foxridge Subdivision.
87-166 _ RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR THE POTOMAC
CROSSING PLANNED DEVELOPMENT SECTIONS FOR SECTIONS
lA, IC 1F AND 1G
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 CLPS Leesburg Joint Venture for installation
of public improvements shown on the plans approved by the Director of
Engineering and Public Works for Section 1A, 1C, 1F and 1G of the Potomac
Crossing Planned Development.
SECTION II. The extension of municipal water and sewer works for
Sections 1A, 1C, 1F and 1G of the Potomac Crossing Planned Development Plan
is approved in accordance with Section 15-9-and 19-18 of the Town Code.
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MINUTES OF THE AUGUST 12, 1987 MEETING
SECTION III. An irrevocable bank letter of credit in a form approved
by the town attorney from United Savings Bank of Virginia in the amounts of
$146,000 for Section 1A, $1,929,000 for Section 1C, $421,000 for Section 1F
and $205,000 for Section 1G are approved as security to guarantee
installation of the public improvements shown on plans approved by the
Director of Engineering and Public Works for Sections 1A, 1C, 1F and 1G of
the Potomac Crossing Planned Development.
87-167 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
AND APPROVING WATER AND SEWER EXTENSIONS FOR THE
POTOMAC CROSSING PLANNED DEVELOPMENT SECTIONS 1D,
1H AND 1B2
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 Richmond American for installation of public
improvements shown on the plans approved by the Director of Engineering and
Public Works for Sections 1D, 1H and 1B2.
SECTION II. The extension of municipal water and sewer works for
Sections 1D, 1H and 1B2 of the Potomac Crossing Planned Development is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. Corporate Surety Bonds in a form approved by the town
attorney from American Motorists Insurance Company, Member of Kemper Group
in the amounts of $195,000 for Section 1D, $270,000 for Section 1H, and
$395,000 for Section 1B2 are approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of
Engineering and Public Works for Sections 1D, 1H and 1B2 of the Potomac
Crossing Planned Development.
87-168 _ RESOLUTION = AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR THE POTOMAC
CROSSING PLANNED DEVELOPMENT SECTION lE
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 Signature Communities, Inc. for installation
of public improvements shown on the plans approved by the Director of
Engineering and Public Works for Section lE of the Potomac Crossing Planned
Development.
SECTION II. The extension of municipal water and sewer works for
Section 1E of the Potomac Crossing Planned Development Plan is approved in
accordance with Sections 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 First American Bank of McLean, Virginia in,the
amount of $458,000 is approved as security to guarantee installation of the
public improvements shown on plans approved by the Director of Engineering
and Public Works for Section lE of the Potomac Crossing Planned
Development.
87-169 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR THE POTOMAC
CROSSING PLANNED DEVELOPMENT SECTION 1B1
RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
143
MINUTES OF THE AUGUST 12, 1987 MEETING
SECTION I. The manager is authorized to execute on behalf of the town
an agreement (Form PC-2) with Globe USA, Inc. for installation of public
improvements shown on the plans approved by the Director of Engineering and
Public Works for Section 1B1 of the Potomac Crossing Planned Development.
SECTION II. The extension of municipal water and sewer works for
Section 1B1 of the Potomac Crossing Planned Development Plan is approved in
accordance with Sections 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 Riggs National Bank of D.C. in the amount of
$288,000 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering and
Public Works for the Potomac Crossing Planned Development.
87-170 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR THE CARNABY
SQUARE 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 the Pulte Home Corporation of McLean,
Virginia for the installation of public improvements shown on the plans
approved by the Director of Engineering and Public Works for the Carnaby
Square Subdivision.
SECTION II. The extension of municipal water and sewer works for the
Carnaby Square Subdivision is approved in accordance with Sections 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 Virginia in the amount
of $520,000 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering and
Public Works for the Carnaby Square Subdivision.
87-171 - RESOLUTION - AUTHORIZING AN ,AGREEMENT, APPROVING WATER AND SEWER
EXTENSION PERMITS AND APPROVING A LETTER OF CREDIT
FOR THE POPEYE'S DEVELOPMENT
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 Sivnam Enterprises for installation of public
improvements shown on the plans approved by the Director of Engineering and
Public Works for the Popeye's Development Plan.
SECTION II. The extension of municipal water and sewer works ,for
Popeye's Development Plan is approved in accordance with Sections 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 Vista Federal Savings and Loan of Reston,
Virginia in the amount of $40,000 is approved as security to guarantee
installation of the public improvements shown on plans approved by the
Director of Engineering and Public Works for the Popeye's Development.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
144
MINUTES OF THE AUGUST 12, 1987 MEETING
On a motion by Mr. Curry and seconded by Mr. Williams it was recom-
mended that the Ordinance amending the Leasburg Zoning Ordinance regarding
the establishment of zoning districts and use regulations, the establish-
ment of size and dimension standards, and the powers and duties of the
Council, Boards, Commissions and Administrative Officials, also known as
the General Regulations be referred back to the Finance and Administration
Committee for further consideration.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinance was proposed and unanimously adopted:
87-0-24 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE
WHEREAS, as requested by the Town of Leesburg, an engineering and
traffic investigation was conducted by the Virginia Department of Trans-
portation (VDOT) which substantiates the need to adjust speed limits on
East Market Street:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 10-131 of the Town Code is amended to read as
follows:
Sec. 10-131. Speed Limits
The maximum speed limits on streets within town shall be 25
miles per hour, or as prescribed in this section, and no persons
shall drive a motor vehicle in excess of such maximum limits.
Upon the following streets within the town, between the points here-
inafter indicated, the maximum speed limit shall be the speed
hereinafter indicated and no person shall drive a motor vehicle
between such points in excess of such maximum speed limit:
(a) King Street: 55 miles per hour from Balls Bluff Road to
500 feet north of the 1983 corporate limits.
(b) King Street: 35 miles per hour from 500 feet north of the
1983 corporate limits.
(c) King Street: 35 miles per hour from First Street to 300
feet south of Country Club Drive.
(d) King Street: 45 miles per hour from 300 feet south of
Country Club Drive to the south corporate limits.
(e) Edwards Ferry Road: 35 miles per hour from Plaza Street to
the east corporate limits.
(f) Market Street: 55 miles per hour from the east corporate
limits to 320 feet east of Cardinal Park Drive.
(g) Market Street: 45 miles per hour from 320 feet east of Cardinal
Park Drive to Route 15 bypass (north entrance) .
(h) Market Street: 35 miles per hour from Route 15 bypass (north
entrance) to 1000 feet east of Fort Evans Road.
(i) Evergreen Mill Road: 35 miles per hour.
(j) Masons Lane: 35 miles per hour from South King Street to
Evergreen Mill Road.
145
MINUTES OF THE AUGUST 12, 1987 MEETING
(k) Long Lane: 35 miles per hour from Evergreen Mill Road to
1000 feet east on Evergreen Mill Road intersection.
(1) Long Lane: 45 miles per hour from 1000 feet east of
Evergreen Mill Road intersection to Sycolin Road.
(m) Lawson Road: 35 miles per hour from Sycolin Road to 1200
feet 'east of Sycolin Road. •
(n) Sycolin Road: 45 miles per hour from the Route 15 bypass
to the south corporate limits.
(o) Route 15 and Route 7 bypass: 55 miles per hour exclusive of
access ramps.
SECTION II. The manager shall clearly indicate by markers or signs
the maximum speed limits established by this ordinance.
SECTION III. All prior ordinances and resolutions in conflict
herewith are repealed.
SECTION IV. This ordinance shall be effective upon the placement of
appropriate signs and markers indicating the maximum speed limits estab-
lished herein.
Mr. Curry questioned the area of West Catoctin Circle to Dry Mill Road
since it is limited access, suggested that the speed limit be raised to 35
miles per hour.
Mr. Kelley suggested that any other considerations such as this should
be dealt with at the committee level first.
I Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
It was suggested by Councilmember Kelley that the resolution
approving a schematic design for the town's Ida Lee Park Aquatic Center/
Gymnasium Complex and authorizing an amendment to the Hughes Group Design
Contract be referred back to the Finance and Administration Committee for
further consideration.
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
87-172 - RESOLUTION - AUTHORIZING A CONTRACT WITH CAMP, DRESSER & MCKEE
FOR CONSTRUCTION MANAGEMENT SERVICES IN CONNECTION
WITH THE WATER POLLUTION CONTROL FACILITY EXPANSION
AND UPGRADE
WHEREAS, the Town of Leesburg entered into a contract with Camp,
Dresser & McKee on June 24, 1984 for construction and engineering services
in connection with the town's water pollution control facility expansion
and upgrade; and
WHEREAS, the-duration of the construction has exceeded the June 28,
1984 contract completion date which will require additional construction
services beyond the scope of the original contract; and
WHEREAS; services beyond the contract scope of •services have been
performed by Camp, Dresser & McKee; and
WHEREAS, the town's contract with Camp, Dresser & McKee sets out
procedures for compensating the construction -engineer for additional
services required for the water pollution control facility expansion and
upgrade; and
146
MINUTES OF THE AUGUST 12, 1987 MEETING ' •
WHEREAS, sufficient contingency funds presently exist to permit
Environmental Protection Agency participation in the additional costs of
approximately 75 percent of the increased contract amount:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager shall execute, on behalf of the town, a cost
plus fixed fee contract Amendment No. 1 to June 28, 1984, agreement for
professional services in connection with the water pollution control
facility expansion and upgrade project in an amount not to exceed $172,476
as well as the complimentary agreement to 'said Amendment No. 1, which
guarantees that Leesburg's share of the fixed fee for extended services
shall not exceed 25 percent of the $15,864 fixed fee for said services.
SECTION II. The approval of contract Amendment No. 1 shall be
conditioned upon approval by the U.S. Environmental Protection Agency and
Virginia Water Control Board.
Mayor Sevila requested that background on this resolution be given
detailing the reason for additional funding. He stated that it appeared
that about $65,000 was directly related to actual modifications and change
orders in the contract and that the balance went to overhead and fringe
benefits. Mr. Minor replied that under the June 28th contract, engineers
are to be compensated for direct and indirect costs, as well as for fees.
This is for "out of scope" items that deal primarily with redesign work.
This amendment has been reviewed by our staff and reductions in the
original amount of hours have been worked out.
The Mayor went on to ask if Council will make the approval of this
amount contingent upon approval by the EPA. Mr. Minor responded that this
is standard language inallcontracts. About 25% will be reimbursed to the
town. If EPA doesn't agree on the fee, the town pays only twenty-five
percent of the fee.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
resolution was proposed and unanimously adopted:
87-173 - RESOLUTION - AUTHORIZING A CONTRACT WITH FIELD GYMMY, INC. FOR
PROCUREMENT OF SLUDGE APPLICATION VEHICLES INCLUDED
IN EPA PROJECT C-510590-03
WHEREAS, Leesburg's Step III Environmental Protection Agency Grant
included $235,000 for a tractor, trailer and liquid sludge application
vehicle; and
WHEREAS, specifications and bid documents were prepared by Camp,
Dresser & McKee and approved by the Virginia Water Control Board; and
WHEREAS, bids were solicited and received in accordance with Leesburg,
State and EPA purchasing guidelines; and
WHEREAS, bids were reviewed by our construction management engineer,
Camp Dresser 5 McKee, and a recommendation made, by them, to award the
contract to the lowest, responsive and responsible bidder, Field Gymmy,
Incorporated.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager shall enter into a contract with Field Gymmy, Incorpora-
ted, in the amount of $164,255.00, for the procurement of a tractor, -
trailer and liquid sludge applicator vehicle in accordance with terms and
conditions included in the Bid Documents. All portions of the contract are
conditional upon approval by the U.S. Environmental Protection Agency
and Virginia Water Control Board.
147
MINUTES OF THE AUGUST 12, 1987 MEETING
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: -None
Absent: Councilmembers Leach and Pelkey
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
87-174 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 24 TO
R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE-
WATER TREATMENT PLANT
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant was awarded to Richard F. Kline, Inc. ; and
WHEREAS, Section III of Resolution 85-80 adotped May 22, 1985 by the
Council of the Town of Leesburg provides: "The Council at its option will
require prior approval of all requisitions for payment under this
contract"; and
WHEREAS, the contractor has submitted Payment Request No. 24 on July
31, 1987 and Camp, Dresser & 'McKee has reviewed and approved this request;
and
WHEREAS, the Director of Engineering and Public Works has recommended
payment of Payment Request No. 24 in the amount of $299,987.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $299,987.00 ($315,776.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 24 for the
Wastewater Treatment 'Plant Expansion Project.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor
Sevila
•
Nay: None
Absent: Councilmembers Leach and Pelkey
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
87-175 - RESOLUTION - AUTHORIZING THE RELOCATION OF A CUL-DE-SAC ON
ROUTE 654 (LAWSON ROAD)
WHEREAS, the Town Plan, Annexation Area Development Policies and VDOT
Route 7 corridor study all call 'for-the closing of Route 654 (Lawson Road)
at the Tuscarora Creek bridge; and
WHEREAS, this Council by Resolution No. 86-227 dated October 22, 1986,
authorized the closing of this road by -the 'construction of a cul-de-sac on
either side of Tuscarora Creek; and
WHEREAS, the approved preliminary plat for Beauregard Estates Sub-
division shows the relocation of the southern cul-de-sac approximately 800
feet to the north; and
WHEREAS, thisnewlocation will result in an improved traffic
circulation system for this area:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
148
MINUTES OF THE AUGUST 12, 1987 MEETING - -
The relocation of the southern cul-de-sac on Lawson Road, authorized
by Council Resolution No. 86-227, to a point approximately 800 feet north
of the previously approved location, in accordance with the approved
preliminary plat of Beauregard Estates Subdivision is hereby approved.
Mr. Curry asked what improvements were going to be made-through this
section. Mr. Mason responded that Brownell, Inc. has agreed to put in curb
and gutter to the new location. He will also construct a-gravel cul-de-sac
on the north and south side of this project. The town will be responsible
for the paving of these cul-de-sacs.
Mayor Sevila asked why this came before Council. Mr. Minor stated
that this was necessary because the original location of the cul-de-sacs
was being changed.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: None -
Absent: Councilmembers Leach and Pelkey
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
87-176 - RESOLUTION - INITIATING AMENDMENT OF THE RESIDENTIAL DISTRICTS
REGULATIONS OF THE LEESBURG ZONING ORDINANCE AND
LOUDOUN COUNTY ZONING ORDINANCE AS ADMINISTERED BY
THE TOWN
WHEREAS, the Annexation Area Development Policies require the consoli-
dation of Town and County zoning regulations for the annexation area; and
WHEREAS, the revision and consolidation of Town residential district
regulations is necessary to promote public safety and welfare; to facili-
tate
the creation of a convenient, attractive, and harmonious community;
and to protect property values:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A comprehensive amendment of Articles 3, 3-A, 4, 4-A, and
4-B of the Leesburg Zoning Ordinance and Articl=s 4, 6 (part), and 7 (part)
of the Loudoun County Zoning Ordinance, as administered by the Town in the
annexation area, is hereby initiated as set out in the draft "Article 3 -
Proposed Residentail District Regulations" submitted to Council on August
7, 1987.
SECTION II. This amendment upon its adoption shall replace Articles 3
through 4-B of the Leesburg Zoning Ordinance and Article 4; Article 6,
Sections 601-602; and Article 7, Sections 700-702, of the Loudoun County
Zoning Ordinance, as adopted and administered by the TownofLeesburg for
the annexation area.
SECTION III. The Planning Commission shall conduct a public hearing
as soon as permitted by law and shall report its recommendations on the
proposed residential district regulations to the Town Council within 60-
days of its public hearing. '
Mayor Sevila asked Director of Planning, Martha Mason-Semmes if the
zoning designations would change. She replied that yes, some would to make
the designations more consistent throughout the ordinances.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
149
MINUTES OF THE AUGUST 12, 1987 MEETING
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
87-177 - RESOLUTION ENDORSING STAFF COMMENTS ON A LOUDOUN COUNTY
REZONING APPLICATION BY THE BUCHANAN COMPANIES
WHEREAS, a Loudoun County Rezoning Application by the Buchanan
Companies for the Smiley tract was referred to the town for comments,
pursuant to the 1982 Town/County Annexation Agreement; and
WHEREAS, this application proposes to rezone approximately 145 acres
from County -A-3 to PD-GI (General Industrial) within the Greater Leesburg
area:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Council hereby endorses Staff comments regarding-the
Buchanan Company application for the Smiley tract as contained in a memo-
randum to Council dated July 29, 1987.
SECTION II. The Council hereby objects to the extension of water and
sewer service to this property at this time in accordance with the Annexa-
tion Agreement and the Annexation Area Development Policies.
•
SECTION III. The Town Manager is directed to transmit this resolution
and staff comments to the County Planning Department.
Mayor Sevila asked that the staff comments be briefly summarized.
Director of- Planning, Zoning "and Development, Martha Mason-Semmes stated
that the staff basically objects to the change to a PD-GI category, and
that they object to the extension of water and sewer service. The PD-GI
designation is not consistent with the desirable uses for this area. The
heavier industrial use is what is objected to. The Annexation-Agreement
states that the town should refrain from extending water and sewer to this
area before 1994 without prior county and town mutual agreement.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted as follows:
87-178 - RESOLUTION - APPROVING THE FINAL PLAT FOR PHASE 1, SECTION 3, _
FOXRIDGE SUBDIVISION AND AUTHORIZING THE VACATION OF
AN EASEMENT THEREIN
• WHEREAS, Section 13-59(e) of the Subdivision and Land Development
Regulations requires Town Council approval of cluster subdivisions; and
WHEREAS, the concept of this cluster subdivision was approved by
agreement between the Town of Leesburg and the developer in August of 1981;
and
WHEREAS, Foxridge Subdivision, Phase I, Section 3 is in substantial
conformity with that agreement; and
WHEREAS, existing stormdrainageeasements held by the Virginia
Department of Transportation (VDOT) must be vacated prior to the sale of
any affected lots; and
WHEREAS, an existing town sanitary sewer easement to be relocated,
which is recorded by a separate instrument of record, must be vacated in
accordance with Section 15.1-481 of the Code of Virginia, as amended, prior
to the sale of any lots within this subdivision section:
150
MINUTES OF THE AUGUST 12, 1987 MEETING
THEREFORE, RESOLVED by the Council of the Town of Leesburg in.
Virginia as follows:
SECTION I. The final plat of Foxridge Subdivision, Phase I, Section 3
prepared by Dewberry & Davis and received by the Town on July 31, 1987, is
approved contingent on approval of the construction drawings by the
Director of Engineering, any minor modifications to•the plat required as a
result of construction drawing review; and•changing No. 3 on the plate
to read "Homeowner's Association" instead of "Individual Lot owners",
provided however, no zoning permits shall be issued for Lots 108,109 and
125-130, which are affected by the existing storm drainage easements held
,by VDOT, until evidence is provided to the Zoning Administrator that these
easements have been properly vacated by VDOT.
SECTION II. Vacation of the existing ten-foot sanitary sewer easement
on this property, recorded at Deed Book 496, Page 487, in the land records
of Loudoun County, is hereby approved, contingent on relocation of the
sanitary sewer service by the developer in accordance with the approved
construction drawings-. •
SECTION III. In accordance with the conditions of Section II above, a
deed of vacation shall be prepared by the developer, and the mayor shall be
authorized to execute this instrument in accordance with Section II above.
On a motion by Mr. Kelley and seconded by Mr. Tolbert it was suggested
that Council amend that the plat be approved by substituting the word
"Homeowners Association" for "Individual lot owners" as shown in Note 3 in
the notes to the plat.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey •
The vote on the resolution, as amended, was as follows:
Aye: Councilmembers Kelley, Tolbert, Williams and Mayor Sevila
Nay: Councilmember Curry
Absent: Councilmembers Leach and Pelkey
On a motion by Mr. Kelley and seconded by Mr. Tolbert the following
resolution was proposed and adopted as follows:
87-179 - RESOLUTION - AUTHORIZING A CONTRACT WITH BCM POTOMAC, INC. FOR
ENGINEERING SERVICES FOR THE CATTAIL BRANCH SEWAGE
PUMPING STATION
WHEREAS, the Town of Leesburg received proposals on July 31, 1987 from
consulting engineering firms to provide engineering services for plan
review and construction administration and inspection of the proposed
Cattail Branch Sewage Pumping Station; and
WHEREAS, the selection committee reviewed the proposals and chose the
two top ranked firms; and
WHEREAS, informal individual discussions were held with the top two
ranked firms and nonbinding estimates of price for services were requested
by the committee and submitted by both firms; and
WHEREAS, the selection committee rated BCM Potomac, Inc. as the top
ranked firm and contract price negotiations have been concluded:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
151
MINUTES OF THE AUGUST 12, 1987 MEETING
SECTION I. The manager is authorized and directed to enter into a
contract on behalf of the town with BCM Potomac, Inc. in an amount not to
exceed $87,600.00 for engineering services for the Cattail Branch Sewage
Pumping Station.
SECTION II. An appropriation is made in the amount of $37,600.00 to
be-transferred from the Utility Fund to account no. 3110.300.010(300)
contractual services, to remain in effect until the project is completed.
Mr. Tolbert asked why prices are no longer listed in proposals.
Mr. Minor responded that under Virginia Procurement Regulations they
are prohibited by law from seeing either estimate of hours or hourly rates
or lump sum proposals in the submittals for professional services. This
information can only be seen when the number has been reduced to the 'top
ranked firm.
Mr. Kelley asked if BCM didn't do the original study. Mr. Mason
replied that yes, BCM had done some of the original study, and that after
careful review, the Engineering Department felt they were well qualified
to do this work.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
NEW BUSINESS
On a motion of Mr. Kelley and seconded by Mr. Tolbert, Council
voted unanimously to go into executive session to discuss personnel
matters -pertaining to- the Council vacancy. Section 2.1-344(1) of the 1950
111
Code of Virginia, as amended, permits the Council to discuss such matters
in executive session.
The following staff are requested to participate in the meeting:
Town Manager, Jeffrey Minor and Deputy Town Attorney, Deborah Welsh.
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey •
The Council reconvened at 10:55 p.m. from the Executive Session and no
action was taken.
On a motion by Mr. Kelley and seconded by Mr. Williams the following
resolution was proposed and adopted as follows:
87-180 - RESOLUTION - DECLARING A VACANCY ON THE LEESBURG TOWN COUNCIL
WHEREAS, Councilmember Jerry Pelkey has relocated his residence out of
Leesburg effective August 12, 1987, and therefore no longer qualifies as a
member of Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A vacancy on the Council is hereby declared and effective immediately.
The Mayor questioned the date of the relocation stating that it
occurred earlier. Mr. Kelley said that for the purposes of the resolution
the effective date is August 12, 1987.
Mayor Sevila requested that July 31, 1987 be used as the date that Mr.
Pelkey moved his residence, in the form of the motion which was seconded by
Mr. Williams.
' 152
MINUTES OF THE AUGUST 12, 1987 MEETING .
I
Aye: Councilmembers Kelley, Tolbert, Williams and Mayor Sevila
Nay: Councilmember Curry
Absent: Councilmembers Leach and Pelkey
Mr. Williams stated that every opportunity was taken to clarify the
record. To %date-no resignation has been received by Mn Pelkey. He went
on to state that he would like to recognize the efforts Mr. Pelkey has put
into serving- on -the Council. - iI
I Mr. Kelley also commended the efforts that Mr. Pelkey has put forth
and hoped that the resolution declaring the vacancy would not be
misconstrued.- - Mr. . Pelkey- has had a very hectic work schedule and Mr.
Kelley suggested that an appropriate award be prepared and that Council ask
Mr. Pelkey return to receive the award.
Mr. Curry mentioned-that Mn Pelkey also served-on- the Planning
j Commission and did a fine job there along with the Council duties.
Mr. Tolbert said that he did very effective work on the Airport
Commission and he enjoyed working with him on the Council.
The vote on the resolution as amended to reflect the date change was
as follows:
Aye: Councilmembers Curry, Kelley, Tolbert, Williams and Mayor Sevila
Nay: None
Absent: Councilmembers Leach and Pelkey
It was moved and duly seconded that •the meeting be adjourned
- Mayor
ad-Ord-I/af-,—/
Clerk of /ouncil • —