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HomeMy Public PortalAbout1987_08_26 153 CM3. MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 26, 1987 A regular meeting of the Leesbiig.-Town Council was held in the Council Chambers, 10 Loudoun Street',"SW;cLeesburg, Virginia on August 26, 1987 at 7:30 p.m. The meeting was called to order by Mayor Robert E. Sevila,with the invocation given'<by :M1. Tolbert and the Salute to the Flag led by William Webb. Present were' Mayor Robert E. Sevila, Council- members Arl Curry, Brian Kelley, Hunter -Leach, John Tolbert, Jr., and Charles Williams. Staff members present:were Town Manager, Jeffrey H. Minor; Assistant Town Manager, Steven .Brown; Director of Finance, Paul York; Director of Engineering and.•Public Works, Tom Mason; Director of Zoning, Planning and Development; :Martha Mason-Semmes and Town Attorney, George Martin. . On a motion by John Tolbert and seconded by Brian Kelley, it was I recommended that the minutes of the special meeting of August 4, 1987 be approved as submitted. Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None , PETITIONERS :,i : ' '- " Sandra Carlson resident of '1105.Nidcels Place, SW, addressed Council regarding the Planning 'Commission'sapproval of the Greenway concept plan as presented by RichmondAmerican.Homes. This development calls for 160 acres on the western side of Route 15 to be used for single-family homes, along with townhouses, a bed and breakfast, and some adjacent small shops. It has a 15 acre tract that could be dedicated to the town for use for a- school site. One of the main concerns regarding this development isI.the Nickels Drive cul-de-sac. The fact that there is a 1200 foot cul-de-sac proposed, which is not IIideal for rescue vehicle access, is a pioblem. The Planning Commission unanimously approved the plan as it^was,:presented. Mrs. Carlson asked that the Council reconsider this and'put;it back on the committee level for further consideration. ',. - , Mr. Curry clarified the prodess' of• the Planning Commission/Council approval of development plans. - '- Bill Webb, a member of the Planning Commission, stated that the Commission cannot stop development. He went on to try to explain the processes used by the Planning Commission to try to come to some of their decisions. He spoke on behalf of several developers who worked closely with both the commission and the citizens to address concerns on both sides. He reiterated, that, regarding the Bradfield Drive extension, the Planning Commission did have :restrictions on construction traffic to benefit the peace that the neighborhood was used to. Quotes from the agreement were read. John Groschan,resident of:5141Dry Mill- Road and member of the Planning Commission, felt it necessary to address Council to again reiterate the way in which the•'developer and the citizens interacted on this particular development. H&'felt' that the responsible way in which the groups interacted was a positive factor. The wording, however, was changed in the final motion. This was-,done to protect the rights of the Council to make decisions on traffic within• the town of Leesburg. He also -suggested that Council have bettef communications with the Commission to discover why certain decisions may have been made. E . Doug Rowell, resident of 1205 Bradfield Drive, feels that what is said and what is done can sometimes be two different things. The situation could have been avoided if there had not been the lack of communication. He went on to mention that the citizens still want to have the construction traffic off, Bradfield Drive during the construction period and, secondly, when the roads are opened that traffic in the area be minimized. The citizens would also like to have a meeting with staff regarding the agreements concerning this development. J 154 MINUTES OF THE AUGUST 26, 1987 MEETING Hubbard Turner, resident of 1107 Bradfield Drive, is concerned about the progress of the development-within the town. The impact of the road extensions, new roadways and development will produce even more major traffic problems within the town. Can't some of the development be put on hold until the transportation problems are addressed? Even though the staff is dedicating long hours to this, there will be monumental problems if the development continues at this rate. How can safety factors be addressed when the transportation system is overloaded? It is essential that the citizens be allowed to have their input and try and protect their neighborhood and lifestyle. Patty Muir, resident of 1108 Bradfield Drive, mainly stated that the Bradfield Drive neighbors did not want the Council, Staff and Commission to think that they were not doing their job. All of these people have been overloaded with work with the present development boom. However, the people do still have a voice in what they have to live with. They are not saying that they do not want development, but they do want their concerns to be heard. COUNCILMEMBER COMMENTS Arl Curry reported on the Planning Commission hearing of last Thursday. There were two public hearings, one on ZM-88, DeHart, to change the zoning on Memorial Drive. Several Cornwall Street residents are against this rezoning. The other hearing was on the addition of the Heritage Hall Nursing Home. This would affect the parking area in the rear of the home and move more-to the front by Morven Park Road. This was opposed by the surrounding neighbors. Mayor Sevila reported that August Court Days were again a superb success. Also, the Cable Television Commission is working on a more aggressive local origination program. They hope to make a presentation to Council in the near future. He also stated that the recent influx of public comment on the development issues must be addressed. Every action by Council, Staff and Commission members cannot be fully explained or justified. There is a near crisis state in development in the area, unfortunately, through state and federal law, this cannot be stopped. The local governments are limited in how they can control the development of private property. Yes, the citizens have a right to be concerned and a right to express that concern. These concerns will also be addressed as best they can within the legal limits of the governing laws. Unfortunately, the final developments do not always address every citizen concern. MANAGER'S REPORT The Virginia Municipal League will hold its conference in Alexandria in September. Literature will ,be sent to Council shortly on this. Staff is producing a public facilities manual that will set out specific guidelines for the developers. A request for proposal on this document will be sent out in late September to ask for an engineering firm to assist staff in the final'production of this document. The gasoline contamination in-the-Catoctin Circle area is being addressed by the town's consultant. Through soil probing it is hoped that the problem should be identified and cleared up within the near future. Several government agencies are involved in solving this problem. LEGISLATION On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolutions were proposed as consent items and unanimously adopted: 1 155 MINUTES OF THE AUGUST 26, 1987 MEETING 87-181 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR LEESBURG AIRPARK CENTER WHEREAS, the Town's Director of Engineering and Public Works has reviewed public improvments installed to date in the Leesburg Airpark Center Development and certifies that the value of work performed is $463,565.00; and i II WHEREAS, a letter of credit from Washington Bank of Falls Church, Virginia in the amount of $1,000,000.00 has been provided by the developer and approved by Council to. guarantee installation of public improvements in the Leesburg Airpark Center Development: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Washington Bank in the amount of $1,000,000.00 is reduced to $536,435.00. SECTION II. The Town Manager shall notify the developer that liability for letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not -. constitute acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in the contract for public improvements for the Leesburg Airpark Center. 87-182 - RESOLUTION - MAKING A REDUCTION--IN THE PERFORMANCE GUARANTEE FOR PUBLIC-IMPROVEMENTS INSTALLATION FOR BELLE- MEADE FARMS, WHEREAS, the Town's Director of Engineering and Public Works has reviewed public improvements installed to date in the Bellemeade Farms Development and certifies that the value of work performed is $192,000; and WHEREAS, a letter of credit from First American Bank of McLean, Virginia in the amount of $240,000 has-been provided by the developer and approved by Council to guarantee installation of public improve- ments in the Bellemeade Farms Development: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from First American Bank in the amount of $240,000 is reduced to $48,000. SECTION II. The Town Manager shall notify the developer that liability for letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in the contract for public improvements for the Bellemeade Farms Development. 87-183 —RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS FOR CATOCTIN VIEW SUB- DIVISION WHEREAS, the Town's Director of Engineering and Public Works has reviewed public improvements installed since the last bond reduction on September 10, 1986 in the Catoctin View Subdivision and certifies that the value of work performed is $45,422.00; and WHEREAS, a letter of credit from Suburban Bank of Maryland, in the amount of $101,260.00 has been provided by the developer and approved by Council to guarantee installation of public improvements in the Catoctin View Subdivision; and 156 MINUTES OF THE AUGUST 26, 1987 MEETING WHEREAS, the current contract for public improvements with Capital Investors Management Corporation, the developers of Catoctin View, and the letter of credit expire on October 7, 1987: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION ,I. The letter of credit from Suburban Bank in the amount of $101,260.0.0 is reduced to $55,818:00. _; SECTION II. The Town Manager _shalljnotify the developer that liability for letter of credit funds has 'been reduced as outlined in Section I _of this resolution, and that this reduction does not con- stitute acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in the contract for public improvements for the Catoctin View Subdivision. SECTION III. The time limit in 'the contract for public improvements is extended an addititronal> 6 months from October 7, 1987 to .• allow Capital Investors Management Corporation to complete the project. SECTInN IV. A 6 month extension of the letter of credit from Suburban Bank of. Maryland in the amount of $55,818.00 is approved. 87-184 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING FOR VACATION OF PORTION OF LEE AVENUE ADJACENT TO T—, THE ROXBORO;SUBDIVISION WHEREAS, an application by Trammell Crow Company has been submitted for vacation of a portion of unimproved Lee Avenue in the Town of Leesburg, comprising approximately.8,350 square feet and bounded by the Roxboro Subdivision on the east, the.Leesburg Baptist Church on the west, Davis Avenue on the north andtthe Leesburg Bypass on the south, as shown on the boundary plat of the-proposed vacation dated March 1987 by Christopher Consultants; and WHEREAS, the applicant requestsrthat a hearing be held by the Council of.the Town of Leesburg on ,said vacation: THEREFORE, RESOLVED by the Council sof the Town of Leesburg in Virginia as follows: The Clerk of the Council is directed to publish a notice of intention to vacate the above described street, pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended, in the Loudoun Times Mirror on September 24, 1987, and10ctober 1, 1987, for public hearing on October 7, 1987 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS _ .. � r �, Mr. Minor summarized the amendment of the Town Code as follows: For the first time the town is "ce;isidering site plan requirements for sales trailers, payment of fees, standards for parking and location requirements, removal guarantee,number of trailers permitted and maintenance of these trailers. The existing regulations were extended and liberally construed. On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: 157- MINUTES OF THE AUGUST 26, 1987 MEETING 87-0-25 - ORDINANCE - AMENDING CHAPTER 18 OF THE TOWN CODE TO RE- ESTABLISH REGULATIONS FOR STORAGE, CONSTRUCTION AND SALES TRAILERS WHEREAS, the town's present regulations covering trailers and mobile office for use during new construction are inadequate to properly control this activity; and WHEREAS, regulations are necessary to permit mobile sales offices for residential subdivisions: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 18, Trailers and Mobile Offices, is repealed and replaced by a new Chapter 18, Storage, Construction and Sales Trailers which shall read as follows: • CHAPTER 18 STORAGE, CONSTRUCTION AND SALES TAILERS Section 18-1. General. This chapter authorizes and regulates the temporary use of mobile offices, trailers or other structures for storage and servicing construction sites -and as temporary sales offices for new residential development. Construction and storage trailers only shall be permitted for non-residential development unless otherwise authorized by this Chapter. Section 18-2. Definitions The following -definitions shall apply in the interpretation and enforcement of this chapter: (1) "Trailers" shall mean any shed or portable structure, having a floor area of 120 square feet or greater, designed and constructed for movement on wheels. Trailers shall be pertinent and necessary to the construction of the buildings or sale or lease of housing units on the same lot or site as the trailer. (2) "Storage trailer" shall mean any trailer used for the storage of tools, apparatus or building equipment used for on-site construction purposes. (3) "Construction trailer" shall mean any trailer used as on-site offices for meeting facilities for contractors or subcontractors. (4) "Sales trailer" shall mean any trailer used as an office for the sale or lease of on-site housing units. (5) "Temporary office trailer" shall mean a trailer useddas a temporary office by a public service agency during construction or renovation of permanent office facilities. - (6) "Public service agency" shall mean any public or semi-public agency providing services directly to the public, including but not limited to government agencies, -public utilities and hospitals. Section 18-3. Permits required. It shall be unlawful for any person to park a trailer anywhere within the town without a permit issued by the town manager. A permit may be issued for any period beginning no earlier than 30 days prior to the commencement of actual construction of the project served by the trailer and shall terminate no later than 20 days after completion of construction to the project. Permits may be issued for a period not to exceed 12 months. Permits may be extended by the town manager for one additional period not to exceed 12 months. 138 AUGUST 26, 1987 MEETING Section 18-4. Application and fees. An application form supplied by .the town and completed by the applicant must accompany all requests for the issuance of a trailer permit. A processing fee shall be required at the time of submittal of a trailer permit application. The fee required for each type of trailer shall be as follows: Storage trailer - $20.00 Construction trailer - $50.00 Sales trailer - $100.00 Section 18-5. Exemptions. The town manager is authorized to issue a permit for a temporary office trailer to a public service agency when uninterrupted public service is necessary to promote public health, safety and welfare. This permit shall be exempt from the requirements of Section 18-5 and any other requirements of this Chapter deemed by the town manager to be unnecessary to protect the public interest. Section 18-6. Location requirements. A site plan at a scale of not less than 1"=20' shall be submitted with all permit applications indicating the location of the trailer, proposed access to a public street, required parking and proposed water and sewer connections, if applicable, and all proposed landscaping and screening. Trailers shall be located in a manner which minimizes the impact on adjacent properties. Efforts should be taken to minimize storage and construction trailer visibility with natural and man-made screening and by maximizing distances between trailers and public roadways. Storage and construction trailers shall be located on the same lot or property where a building or structure is being erected. Sales trailers for residential subdivisions shall be located within the recorded subdivision. The Land Development Official shall be responsible for reviewing and approving all trailer site plans. Section 18-7. Removal guarantee. A cash guarantee shall -be required at the time a permit is issued to ensure the removal of a trailer at expiration of the permit. The amount of guarantee required for each type of trailer is as follows: Storage trailer - $300.00 Construction trailer - $500.00 Sales trailer - $3,000.00 Failure to remove the trailer within the deadline or any extension thereof shall cause the applicant to surrender the cash guarantee as indemnification to the town for removal and storage of the trailer for a period not to exceed 60 days. At the end of 60 days, the applicant shall relinquish all title to the trailer to the town, which may dispose of same in any manner it so determines. Section 18-8. Number of trailers permitted. Storage and construction trailers shall be limited to one per sub- contractor and one for the general contractor per site. Sales trailers are limited to one per subdivision or development. Seciton 18-9. Access. Storage and construction trailers shall renuire an approved construction entrance to the trailer site; Sales trailers shall require paved road access to the trailer constructed in accordance with approved and bonded construction drawings. Section 18-10. Security and maintenance. The area immediately surrounding any sales trailer must be lighted in a manner which would not create glare, nuisance or traffic hazards. 159 MINUTES OF THE AUGUST 26, 1987 MEETING All trailers and the surrounding area shall be maintained in a clean and safe condition. Section 18-11. Parking requirements. - ' Storage trailers shall not require an associated parking lot or spaces. Construction and sales trailers shall require an adjacent gravel parking lot with a minimum of ten spaces per trailer constructed in accordance with the site plan approved with the permit application. Section 18-12. Water and sewer service. Construction trailers shall provide portable toilet facilities and bottled water. Sales trailers shall connect to municipal water and sanitary sewer systems within six months of issuanceofa permit under this chapter and permits shall be -required and fees paid in accordance with Chapters 15 and 19 of the Town- Code. If water and sewer service is not available during the first six months, portable toilet facilities and bottled water shall be provided. If at the end of construction, the connections are not used for a permanent structure, the permit holder shall be responsible for returning such connections to their original form. Storage trailers do not require connections to municipal water and sewer systems or portable toilet facilities and bottled water. Section 18-13. Trailers not to be used for living quarters. No living quarters shall be maintained in a trailer for which a permit is issued under this chapter. SECTION II. This ordinance shall be in effect-upon its passage and all ordinances and resolutions-in- conflict herewith are repealed. SECTION III. Resolution No.- 87-154 authorizing a public hearing is repealed. Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mr. Kelley and seconded by Mr. Leach, the following ordinance was proposed and adopted as follows: 87-0-26 - ORDINANCE - AMENDING THE-LEESBURG ZONING ORDINANCE REGARDING THE ESTABLISHMENT OF ZONING DISTRICTS AND USE REGULATIONS, THE ESTABLISHMENT OF SIZE- AND DIMENSION STANDARDS, AND THE POWERS AND DUTIES OF THE COUNCIL;. BOARDS, COMMISSIONS AND ADMINIS- TRATIVE OFFICIALS, ALSO KNOWN AS THE GENERAL REGULATIONS WHEREAS, an amendment of the Leesburg Zoning Ordinance to establish new General Regulations within the Leesburg corporate limits was initiated on August 27, 1986; and - WHEREAS, the Leesburg Planning Commission held a public hearing on the proposed General Regulations on November 6, 1986; and WHEREAS, the Leesburg Planning Commission unanimously recommended adoption of the -General Regulations on-May 21, 1987; and WHEREAS, the Council held a public hearing on the General Regulations on July -B, 1987; -and- • - --- - WHEREAS, the Annexation Area Development Policies require the consolidation of Town and County general regulations for the annexation area; and 160 MINUTES OF THE AUGUST 26, 1987 MEETING WHEREAS, the revision and consolidation of the Town general regulations is necessary to promote public safety and welfare, to facilitate the creation of a convenient, attractive and harmonious community, and to protect property values:- THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended by adopting a new article entitled "Article 1A: Establishment of Districts, Official Zoning Map and Use Regulations", as contained in the text under this title submitted to Council on August 21, 1987. • SECTION II. The prior Article 1 of the Leesburg Zoning Ordinance and prior Article 2 of the- Loudoun County Zoning Ordinance; as adopted and administered by the Town of Leesburg inthe annexation area, and all other prior ordinances in conflict are hereby repealed. SECTION III. The Leesburg Zoning Ordinance is hereby amended adopting a new article entitled "Article 18: Establishment of Zoning District Size and Dimension Standards"; as contained•in the .text•undewr this title submitted to Council on August 21, 1987. SECTION IV. The prior Sections 2-1 through 2-6; and Section 2-9; Sections 8-2-1 through 8-2-9; and Section 8-2-10(a) of the Leesburg Zoning Ordinance; and prior Sections 510 through 520 of the Loudoun County Zoning Ordinance, as adopted and administered by the Town of Leesburg in the annexation area; and all other prior ordinances in conflict herewith are hereby repealed. SECTION V. The Leesburg Zoning Ordinance is hereby amended adopting a new article entitled, "Article 10. Town Council, Boards, Commissions and Administrative Officials; Powers and Duties", as contained in the text under this title submitted to council on August 21, 1987. SECTION VI. The prior Section 9-4 and Article 10 of the Leesburg Zoning Ordinance; prior Article 11 of the Loudoun County Zoning Ordinance, as adopted and administered by the Town of Leesburg in the annexation area; and all other prior ordinances in conflict herewith are hereby repealed. • SECTION VII. Severability. If any portion of these amendments is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the amendments as a whole or of any remaining provision of the Leesburg Zoning Ordinance. SECTION VIII. This ordinance shall be in effect upon its passage. Mr. Curry had a question on the height limitation of a garage on a large lot. If they wanted to put a second story on the garage for possible storage purposes, why should they be restricted to 15 feet. Martha Semmes responded that this height limitation was typical of other Northern Virginia jurisdictions and that 15 feet is appropriate. One problem is" that a second story over a detached garage could be used as a dwelling unit and that is a zoning violation. Mr. Curry suggested that the height be changed to 25 feet, or at least 20 feet. He feels that it can be stated that a second story cannot be used for habitation. Following further discussion on some other language in the General Regulations, which was explained by staff, an amendment to the Ordinance was proposed on a motion by Mr.- Curry and seconded by Mr. Leach, as follows: Section 1B-5, Par. (c) 1 of the General Regulations to read "No accessory structure within a residential district shall exceed 15-20 feet in height." 1 161 MINUTES OF THE AUGUST 26, 1989 MEETING Section 10-7 Paragraph (b) 2 shall be deleted. The vote on the amendments to the General Regulations was as follows: Aye: Councilmembers Curry, Kelley, Leach, Tolbert, 'Williams and Mayor Sevila Nay.- None The vote on the Ordinance, as amended, was as follows: Aye: Councilmemhers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila - • . Nay: None On a motion by Mr. Tolbert and seconded by Mr. Curry, the following resolution was proposed and unanimously adopted: 87-185'"- RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING REGARDING THE FUTURE ADOPTION OF A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS WHEREAS, the adopted budget .for FY 1988 contemplates the issuance of general obligation bonds to help finance certain capital projects; and 'WHEREAS, Section -15.1-171.1, of the 1950 Code of Virginia, as amended; enacted by the last session of the Virginia General Assembly, requires a public hearing prior to the adoption of any initial resolution authorizing the issuance of bonds: t THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing pursuant to Section 15.1-171.1 of the 1950 Code' of Virginia, as amended, advertising the Town Council's intention to issue general obligation bonds in the amount of 10 million dollars during calendar year 1987 and calendar year 1988 to finance the development of Ida Lee Park, the municipal government center/parking complex, the public works warehouse and shop complex, and storm drainage projects is authorized. The notice of public hearing shall be published in the Loudoun Times Mirror on September 10, 1987, and September 17, 1987, for a public hearing on September 23, 1987, at 7:30 p.m., in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia 22075. Ayer 'Councilmembers Curry, Kelley;"Leach; Tolbert, Williams and Mayor Sevila - ' - ' Nay: None ' On a motion by Mr. Williams and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: 87-186 -- RESOLUTION - APPROVING A SCHEMATIC DESIGN FOR 'THE TOWN'S 'IDA- LEE+PARK AQUATIC CENTER/GYMANSIUM- COMPLEX AND AUTHORIZING AN AMENDMENT TO THE HUGHES GROUP DESIGN CONTRACT WHEREAS, this Council authorized a contract with the Hughes Group of Reston, VA, which included in part, the design, development and construction documents for an aquatic center/gymnasium complex; and WHEREAS, the original construction budget was $3,750,000 for this project; and • WHEREAS, the feasibility report issued by the Hughes Group and schematic design alternative analysis suggest qualitative improvements are needed to enhance the recreational swimming opportunities, to improve handicapped access and to accommodate one meter diving; and 162 MINUTES OF THE AUGUST 26, 1987 MEETING WHEREAS, these programming goals were incorporated in the schematic water surface design D.1 and recreation center design B.2 unanimously recommended by the Leesburg Parks and Recreation Commission; and WHEREAS, these improvements resulted in an overall increase in the estimated construction budget in excess of $1.2 million dollars; and WHEREAS, this Council directed further discussion with the architect resulting in reductions in the lobby, storage and spectator space associated with the gymnasium as well as reductions in the estimated cost -per square foot for this space, which together is estimated to generate a savings of $254,000; and WHEREAS, the Hughes Group design contract will require an amendment to adjust its professional fee as a result of the additional design work becauseof the increasedbudget. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: - SECTION I. The Hughes Group is authorized to begin the design, development and construction document phases of its design co-tract with the Town of Leesburg in order to incorporate the schematic water surface design D.1 and the modified recreation center schematic design B.2 with a 1,200square foot reduction in the original 12,200 square foot gymnasium space. SECTION II. The $159,825 design development phase and construction documents phase of the co-tract with the Hughes Group shall be increased by $47,600 to $207,425 to reflect the expanded budget pursuant to Section 15.1 fo the contract.- - • Mr. Williams urged support of this project. Mr. Kelley said, after review and reductions from this project, the II/ compromise reached is acceptable to everyone. Mayor Sevila stated that this was a major and exciting undertaking for the town and the fact that money was cut out of the contract and a good facility was still being offered was a major breakthrough for both the town and the taxpayers. Aye: Councilmembers- Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila • Nay: None On a motion by Mr. Kelley and seconded by Mr. Williams, it was proposed that Council go into Executive Session to confer with legal counsel and staff pertaining to potential litigation arising out of a prospective airport lease and franchise agreement pursuant to 2.1-344(6), of the 1950 Code of Virginia, as amended, and for Council discussion concerning appointment to the current vacancy on the Leesburg Town Council pursuant to 2.1-344(1) of 1950 Code of Virginia, as amended. The following staff members are asked to attend the a'rport discussion - Town Manager, Town Attorney, Deputy Town Attorney, Assistant Town Manager, Director of Finance- and Airport Commission Chairman, Stanley Caulkins. The motion was seconded by Mr. Leach. Mayor Sevila asked that the litigation presently in the Circuit Court of Loudoun County be included in this discussion, as an amendment. The vote on the amendment was as follows: Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None 163 MINUTES OF THE AUGUST 26, 1987 MEETING The vote to go into executive session was as follows: Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None. Council reconvened about 11:00 p.m.from executive session and no action was taken on any items. Councilmember Kelley placed the name of Mr. James Clem r for consideration to fill the Council vacancy. Seconded by Mr. Williams. Mayor Sevila placed the name of John Pumphrey in nomination for the vacancy. Mr. Kelley said that Mr. Clem approached him for service on the Council. Mr. Kelley feels that his community service in the fire department, Town Planning Commission, and other interests qualify him very well. Mr. Williams stated that Mr. Clem is a very dedicated individual in all of the things that he undertakes. Mr. Williams stated that Mr. Pumphrey did not get a second from the floor and this should give Mr. Clem the edge. Mr. Curry supported Mr. Clem. Mr. Tolbert supported Mr. Clem, but said that Mr. Pumphrey would also be a good choice. Mayor Sevila nominated Mr. Pumphrey for the office because he is very qualified and has expressed interest in the seat. He has served on the Cable Television Advisory Commission in a very good capacity and would be a good choice. Mr. Clem is a very good choice but will leave a vacancy on the Planning Commission if he should be appointed. It will be difficult to fill his seat on the Planning Commission because of his extreme dedication in that capacity. The vote to appoint James Clem was as follows: Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None The motion to adjourn was made by Mr. Williams and seconded by Mayor Sevila. Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None Mayor Cler,1Q of Cou %it