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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. 134 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 135 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. 137 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. 140 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 141 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. 142 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 • —