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HomeMy Public PortalAbout1987_09_23 /6c? MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, SEPTEMBER 23, 1987 A regular meeting of the Leesburg Town Council was held in.the , Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on September 23, 1987 at 7:30 p.m. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert and the Salute to the Flag led by Richard C. Thoesen, Mayor of Herndon.' Present were Mayor Robert E. Sevila, Councilmembers James Clem„ Hunter Leach, and John Tolbert, Jr. Councilmembers Arl Curry, Brian Kelley and Charles Williams were absent. Staff members present were Town Manager, Jeffrey Minor; Director of Engineering and Public Works, Thomas Mason; Director of Planning, Zoning and Development, Martha Mason-Semmes; Assistant Town Manager, Steven Brown; Director of Finance, Paul York and Planner Thomas Poupard. Also present were members of the Planning Commission as follows: William' Webb, Marvin Belles, Reginald Gheen, Mervin Jackson, and Town Attorney, George Martin. On a motion by John Tolbert and seconded by James Clem it was _ recommended that the minutes of the April 8, 1987 meeting be approved as submitted, and that the minutes of the special meeting of September 15, 1987 also be approved as submitted. Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila Absent: Councilmembers Curry, Kelley and Leach PETITIONERS There were no petitioners appearing before Council this evening. PUBLIC:HEARING ON THE $10,000,000 BOND ISSUE • Town Manager Jeffrey Minor presented the staff report on this issue as follows: It is now state law that municipalities must- hold a public hearing before entering into any new debt. . For this reason, this public hearing-is being held this evening. This is in• regard to the parking structure/municipal office building. Summarizing-whythe Townwishes to borrow funds, Mr. Minor. stated'that:current funds--are not sufficient to fully fund major capital projects. Major capital projects have a long, useful life and it is important that the_users of the projects help to . pay for them, inflation discounts the future principal and interest i payments and debt financing allows you to acquire major facilities when you need them. ! r • The current budget for the municipal office center/parking structure is $6.2. million, $4 million of -which .is from bond proceeds. /The balance of-the-funds will come from existing capital' reserve funds and-the-sale. of land, historic..districtparkingfees and other existing funds. The sebo-d project is the public works facility which is now under bid. The third project is the development of Ida Lee Park. . This will include a gym, pool, locker facilities,' etc. The last project is Phase-VI storm drainage improvements, which includes the Cornwall- Street project and the Dry Mill Road project. In the state of Virginia, municipalities are limited to a- 10% margin of debt based on current assessed-values. This -is -down- from 18%. The town's debt margin is within these guidelines. I Frank Carney, a citizen of Leesburg and-member of the Parks and Recreation- Committee, spoke in favor of this bond- issue. - He mainly focussedon the park:and-what.a favorable addition this will be to all of the citizens. - - - - - - • Since- there- -were-no-further-comments from- the:public, thevPublic Hearing was closed at-this -time. It was further moved by Mr: Clem- and. . seconded by Mr. Tolbert that--this be placed on the agenda of the next Finance and Administration Committee meeting.: - The motion passed unanimously. - • -- - - MINUTES OF THE SEPTEMBER 23, 1987 MEETING PUBLIC HEARING ON SUBDIVISION AND LAND DEVELOPMENT REGULATION REGARDING THE DEVELOPMENT REVIEW PROCESS This is a joint hearing with the Planning Commission and Mayor' Sevila asked that the chairman of that Commission, Bill Webb indicate whether there is a quorum of the Planning Commission present. He indicated that there was a quorum. Assistant Director of Planning, Thomas Poupard, gave the staff report on this issue as follows: Staff has.reviewed some of the steps in the review process and proposes that the screening period be limited to two weeks and very specific standards for construction drawings will be implemented. Often information is'omitted, delaying the process further. Staff will be working with the Planning Commission to assure that all changes are beneficial to everyone. Richard Thoesen, Vice President of Bengtson, DeBell, Elkin and Titus addressed the "three legged stool" concept in which each leg represents the town, the developer and the engineer. This will not work unless everyone is working together. Engineering problems that have arisen within both town and county submissions are a result of shortages in staff on both sides. Focussing ,on what is wrong rather than who is wrong is very important in this concept. "Never lead from a King" can lead to a violation of an old premise that you may lose your king. Rather than deliver a public facilities manual, many are already intact by the various state jurisdictions. The process should allow good ingenuity and involve more engineering community involvement. "The squeaky wheel gets the grease" describes those developers who feel that constant contact will get their plan approved more quickly. Respect on both parts for the plan submitted without constant interruption should be sufficient. The process will reward good quality engineering. Since there were no further comments from the public, the Public Hearing was closed at this time. It was moved by Mr. Tolbert and seconded by Mr. Leach that this item be deferred to the Finance and' Administration Committee upon receipt of comments from the Planning Commission. The motion was unanimously approved. PUBLIC,HEARING ON REVISED EXETER PRN - ZM-87 • Town Manager Jeffrey Minor stated that Tom Poupard would give a brief summary of this proposed zoning. Several years ago this property was rezoned to a Planned Residential Neighborhood which allows a mixture of land use. It was approved with a total of 1201 units, a golf course and a 48,000 s.f. commercial center. This property has been purchased by another developer and they propose to eliminate duplex units, increase townhouses and increase the number of single family units. This plan proposed an indirect connection of Plaza Street to Catoctin Circle. The new plan realigns this proposal to a less drastic turn. Also, the golf course would be eliminated. The plan submitted incorporates a nice land- scaping use in its place. The major issue is a pedestrian underpass beneath Battlefield Parkway. Julia Taylor Cannon, the attorney representing Richmond American Homes, gave an- overview of this submission. Several meetings were held with citizens groups in which input was considered. The change that generated the most concern was the elimination of the golf course. It was determined that a decent, quality golf course would not be feasible for this location. Water runoff would have created a major problem for the course. It would have been expensive-to maintain. Some things agreed to with the citizens are extensive landscaping of the open space, elimination of a wet pond, working with the citizens as far as landscape maintenance, incorporating tennis courts closer to existing homes and moving the public facilities to a point further out. The townhouses proposed would also be reconfigured and screening fencing would be provided. A five-year free membership to the pool will also be provided. The open space proffered was reduced by about 68 and proffers to Ida Lee Park were increased significantly. 169 3 MINUTES OF THE SEPTEMBER 23, 1987 MEETING Bill Fissell of Dewberry 6 Davis, detailed the housing mix, lot sizes and open spaces, comparing the new proposal to the original proposal for this property.' Basically, the number of-single family homes and lot sizes will be increased. The landscape plan between Exeter I existing homes and the proposed townhouses is extensive: The- developer is trying to create a parklike atmosphere between these two developments. ' - Bryan Balfer, Vice President of the `Exeter Section I Homeowners Association and- Vice President of theLeesburg Elementary PTO, stated that the meetings held with the developer were successful in developing a plan conducive to both sides. There is a problem with the direct connect of Plaza Street to Battlefield Parkway. He sees a wide street running in front on a "walking" school. Once this is connected, he anticipates this becoming a speedway. He wanted to go the record as being-against this direct:connect. The Mayor stated that the town will keep the best interest of the children in mind when the direct connect is decided upon. Chris Izzo of Rellerco addressed Council on the feasibility of the pedestrian underpass which is proposed. This is proposed as a safe crossing for the school children in the area. Rellerco worked with percentages of school children in various sections of the proposed - - development. Mr. Clem asked if law enforcement:agencies had been contacted regarding statistics on pedestrian underpasses. Mr. Izzo said they had not been contacted, but that they could. The School Board does have criteria for crossing a four lane highway dependent on vehicular traffic vs:- the percentage of children that need to cross that road. - BillWebb of the Planning Commission stated that the school: board criteria would not allow children to walk, but rather bus them if the underpass was not incorporated into this plan. Mr..:Clem- added that information received from a retiredLlaw: enforcement officer regarding crime related to underpasses has been quite alarming and that this issue should be carefully considered. Mr. Leach also stated the negative impact of an underpass in relation to crime. Mr. Minor stated that many parents will assume that their children are using the underpass when in fact they may be crossing the street at any point without the benefit of a crossing guard. ' Mr. Izzo said the need for crossing guards at all four locations is imperative as a safety precaution. . Pat- Herd a resident of Carrvale, asked- what the difference between an underpass vs. an overpass for this area would be. She had also heard that future- residents of that area' would have their children bussAd to the Lucketts Elementary School. - - • There was some further discussion on the lot configurations and the buffering of these lots in relation to the roadways. . ' Since-there were no further comments from the public, the Public Hearing was closed at this 'time. ' On a motion by -Mr. -Tolbert and seconded by Mr.- Clem it was recommended that this be referred to the Finance and Administration Committee for further consideration at their next meeting. The motion passed unanimously. COUNCILMEMBER COMMENTS John Tolbert attended a'commission meeting- which had light attendance. Several items were discussed and a report will be submitted to Council shortly. • . - • 'no MINUTES OF THE SEPTEMBER 23, 1987 MEETING - , MAYOR'S REPORT - - • • Mayor Sevila welcomed: James Clem to the.Council. This is his first meeting in this-new -capacity.- Mr. Clem has been very active in several roles: in- Leesburg and will be a good addition to the Council. -A Day in the Park is scheduled for September 26, at the Ida Lee Park site. .:He-also welcomed. Mark Gibb, the new :Executive Director of the Northern Virginia Planning District Commission, and hopes to continue work on,mutual issues. MANAGER'S REPORT - - - - - - - _ - _ - -• _ Highlighting the activity report, the 1987 audit will soon be available. The projected fund balance was $455,000, the actual:was $650,000 which gives the town an additional $195,000 carryover which was not- originally, anticipated. -• - - - • - - - • - -- - -, - - • A new ad in the Virginia Business Magazine was taken out. This was the work'of the: Economic Development -Advisory,-Committee. The design and- construction standards• manual is finishedand-willbe available.soon. • Hanno Weber is in town working on some finer details of the municipal center/parking structure. LEGISLATION- - • - - - -- - On a motion by Mr. Tolbert andseconded by Mr. Clem, the following ordinances and resolutions were proposed as consent items and unanimously adopted:• 87-0-26A - ORDINANCE = AMENDING SECTION 17-1.1 OF THE TOWN CODE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 17-1.1 of the Town Code is amended to read as follows: Sec. 17-1.1. Tax Relief for the elderly and totally and permanently disabled. • • - - (a) Definitions. - - -As used herein: - - - (1) "Total gross combined income" means gross income from all . sources of the owners of. the dwelling- residing therein and of any relatives of the owner who reside in the dwelling, dl • provided that the $6,500 of income of each relative, other than the spouse of the owner or owners, who is living in the dwelling shall not be included in such total. (2) "Net combined financial: worth" means all assets less liabilities of the owners of the dwelling and of the -i - spouse of any- owner who resides therein, including equitable interests, excluding the value of the dwelling and- the -land in an amount not to exceed one acre upon which it is situated. . . (3) "Affidavit" means the real estate tax exemption or deferral affidavit. (4) "Town" means- Town of Leesburg, Virginia. (5) "Town Council" means the Town Council of the Town of Leesburg. /7/ .S MINUTES OF THE SEPTEMBER 23, 1987._MEETING . ._ . (6) "Director of Finance" means the Director of Finance of the Town or any of his .duly, authorized agents. (7) "Deferral" means deferral from the town real estate tax according to the provisions of this chapter. , (8) "Dwelling" means the full time owned residence -of the person or persons claiming exemption or deferral; and the land on which it is situated, not to exceed one acre. (9) "Exemption" means exemption from the town real estate tax according to the provisions of this chapter. (10) "Head of Household" means the primary earner of income, between the husband and wife, who either jointly or solely owns the dwelling and qualifying land on which tax relief is sought. (11) "Person" means a natural-person. (12) "Permanently and totally disabled" means a person who has been certfied by the Veterans Administration, or the Railroad Retirement Board, or if such person is not �c eligible for certification by any of these agencies, a sworn affidavit by two medical doctors licensed to practice medicine in the Commonwealth, one of whan practices medicine in Leesburg, to the effect that such person is permanently and totally disabled. The affidavit of at least one of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the Civil Service. Commission which is relevant to the standards for deter- mining permanent and total disability. For purposes of this section, the terms ."permanent and totally disabled" shall mean unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to.result in death or can be expected to last for the duration of such person's life. (13) "Property" means real property. (14) "Taxable Year" means the calendar year, from January 1 until December 31 for which exemption or deferral is claimed. Sec. 17-1.2. Exemption or deferral authorized; effective date. (a) Real estate tax exemption or deferral is provided for _ . .,.� . qualified property owners .who are not less than sixty-five years of age or who are permanently and totally disabled and who are eligible according to the provisions of this chapter. Persons qualifying for exemption or deferral are deemed to be bearing an extraordinary real estate tax burden in relation to their income and financial worth. (b) The effective date of this chapter shall be-January 1, 1985. Sec. 17-1.3. Administration of exemption or.deferral. The exemption or deferral shall be administered by the Director of Finance according to theprovisions of this chapter. The Director is hereby authorized to make an inquiry of persons seeking such exemption or deferral in conformity with the provisions of this chapter, including the requiring of answers under oath, as may be reasonably necessary to determine qualifications for exemption or '11) MINUTES OF THE SEPTEMBER 23, 1987 MEETING deferral as specified by this chapter. The Director may require the production of certified income tax returns and appraisal reports to establish income and/or financial worth. Sec. 17-1.4. Requirements for exemption or deferral. • An exemption or deferral shell be granted 'subject to the following provisions: (a) The title of the dwelling forwhich an exemption or • defekral is claimed is held, _or partially held, on _ January 1, of the taxable year by the person or persons claiming the exemption or deferral. (b) The'person or persons occupying the dwelling and owning title, or partial title, thereto is not less than sixty- five years of age on December 31 of the year immediately preceding the takable year, or the person or 'persons occupying such dwelling are considered to be permanently and totally disabled as defined in Sec. 17-1.1(12) of this ordinance. (c) A dwelling jointly held by a husband and wife may qualify 'if either spouse is over sixty-five or is"permanently and totally disabled. Such exemption or deferral program shall be subject to the following restrictions and conditions: (1) The gross combined income of the owner or owners during the year immediately preceding the taxable year did not exceed twenty-two thousand dollars ($22,000) . Gross combined income includes all income from all sources of the owner or owners and of owners' relatives living in the dwelling for which the exemption is claimed provided that the - first six thousand five hundred dollars ($6,500) of income of each relative, other than the spouse, of the owner or owners, who is living in the dwelling, shall be beincluded''in such total. Also excluded from gross income is all of the income received by an owner for permanent disability for the preceding year up to a maximum amount of . $7,500. • (2) The total combined net financial worth of the owner or owners as of December 31 of the year immediately preceding the taxable year did not exceed seventy- five thousand dollars ($75,000) . Total net financial 'ivorth shall include the value -of all assets, including equitable interests, of the owner or owners and the owners' spouse, and shall exclude the fair market value of the dwelling and the land upon which it is situated, not exceeding one acre, for which the exemption or deferral is claimed. Sec. 17-1.5. Claiming an exemption or deferral. (a) Annually, and not later than May 1 of the taxable year, the person or persons claiming either an exemption or deferral must file a real estate tax exemption or deferral affidavit with the Director of Finance. Those applying for an exemption or deferral for the first time must1file on or before September 1 of the tax year for which relief is sought. The Director shall have the discretion to permit applicants to file after these • deadlines in cases of genuine hardship. 7 /73 MINUTES OF THE SEPTEMBER 23, 1987 MEETINr: (b) The affidavit shall set forth in a manner prescribed by ---- : -the Director the names of 'the related persons occupying - the dwelling for which the exemption or deferral is claimed, their gross combined' income and the total combined net worth of the owners and spouses. The affidavit shall also state whether or not the person or persons claim the exemption or the deferral option and, if the deferral, the amount of deferral claimed, up to 100% of the real estate. taic liability: (c) If, after audit and investigation, the Director deter- mines that the person or persons are qualified. for an exemption or deferral, he shall so certify and shall deduct the amount of the exemption or deferral from the claimant's real estate tax liability. Sec. 17-1.6. Amount of exemption. The person or person qualifying for and claiming an exemption shall be relieved of all real estate tax liabil- ity for that portion of the real estate tax levied on the qualifying dwelling and land. Sec. 17-1.7. Amount of deferral; repayment of deferred taxes. The person or persons qualifying for and claiming_a. � deferral shall be relieved of all real estate tax lia- bility levied on the qualifying dwelling.and .land. The accumulated amount of taxes deferred shall be paid, without penalty and,with interest in the amount of 8% _ 111 per year, to the Director of Finance by the vendor upon the sale of the dwelling or from the estate of the decedent within one year after the death of the last owner thereof who qualifies for tax deferral _under the provisions of this chapter. Such deferral of real estate taxes shall constitute a lien upon the real estate as if they had been assessed without regard to the deferral permitted by this chapter. However, such liens shall, to the extent that they exceed in the aggregate ten percent of the gross price for which such real estate may be sold, be inferior to all other liens of record. Sec. 17-1.8. Changes in status. Changes with respect to income, financial worth, owner- ship of property, medical status or other factors occurring during the taxable year for which the affidavit is filed, and having the effect of exceeding or violating the limitations and conditions provided in this chapter, shall nullify any relief of real estate tax liability for the then current taxable year and the taxable year immediately following. Sec. 17-1.9. False Claims. Any person or persons falsely .claiming exemption or deferral shall be guilty of a_misdemeanor and, hpon conviction thereof, shall be fined not less than $50.00 nor more than $300.00 for each offense. SECTION II. This ordinance shall be in effect- upon its passage. . . . 1 (16 MINUTES OF THE SEPTEMBER 23, 1987 MEETING 87-189 - RESOLUTION _ AUTHORIZING A CONTRACT WITH VIRGINIA DEPARTMENT OF TRANSPORTATION FOR LOCAL ADMINISTRATION OF THE VDOT SIX-YEAR IMPROVEMENT PROGRAM FOR CATOCTIN CIRCLE ' - WHEREAS, the six-year improvements program published by the Virginia Department of Transportation (VDOT) for fiscal years 1987-88 through 1992- 93 includes $1,900,000 in engineering; right-of-way construction costs for the widening of Catoctin Circle to four lanes plus double left lanes between South Street and King Street; and WHEREAS, VDOT has inaugurated a new program to allow certain munici- palities to administer urban projects authorized under their six-year improvement program; and WHEREAS, municipal administration of this critical road widening project should expedite its completion; and WHEREAS, municipal administration of urban system projects requires execution of a contract between the locality and VDOT: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to enter into a contract, on behalf of the town, with VDOT to administer the Catoctin Circle widening project, U000-253. The form of contract shall be generally in accordance with the sample forwarded to the Council by memorandum' dated September 10, 1987. 87-190 - RESOLUTION - AUTHORIZING A CONTRACT WITH KAMBER ENGINEERING FOR COMPREHENSIVE CONSULTING SERVICES WHEREAS, a Request for Proposal was issued by the Department of Engineering and Public Works for proposals for comprehensive consulting services; 'and WHEREAS, the review committee including councilmember Brian Kelley ranked the proposal from Kamber Engineering first among the four received based on the review criteria; and WHEREAS, completing such an agreement will provide several advantages to the town including: reduced administrative costs; and single source for coordination and monitoring of projects; and completing projects in a more timely manner; and WHEREAS, no task will be assigned to the consultant whose cost exceeds $10,000.00 without prior approval of the Mayor and Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to execute a contract on behalf of the Town with Kamber Engineering for general engineering services as required by the Town of Leesburg not to exceed the amount of $75,000.00. 87-191 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-90 GREENWAY PLANNED RESIDENTIAL NEIGHBORHOOD, COMBINED CONCEPT PLAN/PRELIMINARY DEVELOPMENT PLAN RESOLVED by the Council of the Town of Leesburg in Virginia as follows: /75-- MINUTES 75—MINUTES OF THE SEPTEMBER 23, 1987 MEETING A Notice of Public Hearing to consider rezoning application #ZM-90, the Greenway Planned Residential Neighborhood, combined concept plan/ preliminary development plan shall be published in the Loudoun Times Mirror.- - The notice shall be published on November 25, and December 3, 1987 for public hearing on December 9, 1987 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. 87-192 - RESOLUTION - GRANTING THE LOUDOUN MUSEUM PERMISSION TO HOLD AN ANTIQUE SHOW IN LEESBURG ON SUNDAY, OCTOBER j 1987, • WITH A RAIN DATE OF SUNDAY, OCTOBER 11, 1987, IF NECESSARY WHEREAS, an antique show in the downtown area is becoming an annual event on the first weekend in October; and WHEREAS, the Loudotin Museum will receive a percentage of the proceeds; and WHEREAS, the Council recognizes the benefit of controlled special events in the Town: ' THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Loudoun Museum, Inc. is granted permission t0 hold an antique show in downtown Leesburg an Sunday, October 4, 1987, with a rain date of Sunday, October 11, 1967, if necessary, in the following locations: • King Street West side from Market Street to Loudoun: Street; Loudoun Street North Side from King Street to Wirt Street; Market Street ' South side from King Street to Theater; and MunCipal • Parking lot South of Town offices SECTION II. A percentage of revenue derived from said antique show shall be donated to the Loudoun Museum. SECTION III. Sandy Bauman Promotions shall show proof of liability coverage in the amount of $1,000,000 with the Town of Leesburg named as additional' insured, ' said endorsement to be provided to the town one week prior to the show. SECTION IV. Vendor's license shall be waived for all exhibitors for the above dates. 87-193 - RESOLUTION - AUTHORIZING THE DEDICATION OF THE TAVISTOCR FARMS ELEMENTARY SCHOOL SITE TO THE LOUDOUN COUNTY SCHOOL BOARD - WHEREAS, the educational facilities policies of the Annexation Area Development Policies (AADP's) call for the Town to acquire six school sites, when- warranted by rezoning,J within the 1984 annexation area; and WHEREAS, Ordinance #67-0-20 was adopted by the Leesburg Town Council on June 24, 1987 which resulted in the rezoning and concept plan/town plan approval for the Tavistock Planned Residential Neighborhood; and WHEREAS, Proffer #7, which is a condition of this rezoning,..requires the applicant to donate, without charge, 15.8 acres to the Town of Leesburg for use as an elementary school site; and WHEREAS, the Board of Supervisors has adopted the requisite-motion called for in the AADP's to confirm the Board of Supervisors' support to construct a school facility on this site within two years and that County funds have been designated for the project; and - WHEREAS, the Board of Supervisors' motion further requests that fee simple title to the property be directly conveyed to the Loudoun County School Board; and I a '1P MINUTES OF THE SEPTEMBER 23, 1987 MEETING '- " - j '. it �j WHEREAS, the Loudoun County School Board requests title to the property by November 10, 1987: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor is authorized to execute a deed, in a form approved by the Town Attorney, to convey fee simple title to-the 15.8 acre school' site, as shown on thepreliminary plan, dated February 3, 1987, and revised June 22, 1987, to the Loudoun County School Board without charge. SECTION II. The manager is directed to take all appropriate actions to ensure that title is conveyed on or before November 10, 1987. 87-194 - RESOLUTION - APPOINTING BRIAN T. KELLEY AS THE COUNCIL'S REPRESENTATIVEiON THE CONSTRUCTIl4 SELECTION COMMITTEE FOR THE ROUTE 15/7 BYPASS AND ROUTE 773 WATERLINE EXTENSION PROJECTS WHEREAS, a Request for Proposal has been issued to select" a consultant engineer for design and construction administration services relating to the construction of the Route 15/7 Bypass and Route 773 waterline extensions; and WHEREAS, a member of the Town Council is required to serve on- the review committee to recommend a consultant to the full Council. THEREFORE. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Brian T. Kelley is appointed to serve as the Council representative on the review, committee to recommend a consultant engineer for design and construction engineering services on the Route 7/15 Bypass and Route 773 111 waterline extension projects. 87-195 - RESOLUTION - AMENDING SECTIONS 8.1-1, 8.1-1(A), 8.1-1(B) , 8.3-2 AND 8.7(D) OF THE TOWN'S PURCHASING POLICY MANUAL WHEREAS, due to recent amendments made to the Virginia Public Procure- ment Act during the last session of the Virginia General Assembly amend- ments are necessary for Sections 8.1-1, 8.1-1(A), 8.1-1(B), 8.3-2 and 8.7(D) of the Town's purchasing policy manual. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the town's purchasing policy manual is hereby amended to incorporate the changes as set forth in the memorandum to the Council dated September 9, 1987. 87-196 - RESOLUTION - MAKING AN APPROPRIATION FOR A ROLLER WHEREAS, bids were requested for the purchase of a roller; and WHEREAS, the lowest and best bid was submitted by the Richmond Machinery and Equipment Company Incorporated: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager shall purchase a roller from Richmond Machinery and Equipment Incorporated for an amount not to exceed $10,611.70. SECTION II. An appropriation is made from the general fund to account number 4102-700-050-200 for FY 1988. /i 11 MINUTES OF THE SEPTEMBER 23, 1987 MEETING... . • - 87-197 - RESOLUTION - REJECTING. BIDS. FOR. A PICK-UP TRUCK AND DUMP TRUCKS WHEREAS, bid specifications were issued by the Department of Engineering and Public Works for a pick-up truck and two dump trucks; and • 1 WHEREAS, only one bid was received for the pick-up truck and one bid received for the dump trucks; and . WHEREAS, the solicitation of additional bids may be in the best interest of the Town: I 1 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The bids submitted for the pick-up truck and two dump trucks are hereby rejected. ' 87-198 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF THE PORETSKY BUILDING .GROUP 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 the Poretsky Building Group for revision of the zoning,district map, assigned No. ZM-96,. 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. - 87-199 - RESOLUTION - CANCELLING COUNCIL MEETING OF DECEMBER 23 1987 ' RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The regular meeting of the Leesburg Town Council scheduled for December 23, 1987, is cancelled. 87-200 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 25 TO R.. F.. KLINE, INC. FOR WORK COMPLETED AT THE WASTEWATER 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 adopted 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: 25 on August 27, 1987 and Camp, Dresser & McKee has. reviewed and approved this request; and WHEREAS, the Director of Engineering and Public Works hasrecommended payment of Payment Request No. 25 in the. amount of $270,326.00. THEREFORE-'RESOLVED by the Council of the Town of Leesburg in Virginia as follows: . .. Payment in the amount of $270,326.00 ($284,554.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 25 for the Wastewater Treatment Plant Expansion Project. 04 MINUTES OF THE SEPTEMBER 23, 1987'MEETING' - - - 87-201 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AMENDING CHAPTER 7 OF THE TOWN CODE TO PROHIBIT THE OPERATION OF BARBEQUE DEVICES ON ELEVATED BALCONIES AND WITHIN FIFTEEN FEET OF GROUND FLOOR MULTI-FAMILY DWELLINGS WHEREAS, legislation (attached hereto) to prohibit the operation of barbecue devices in multi-family dwellings under certain conditions was reported out of the Finance and Administration Committee; and WHEREAS, it is the Council's desire to provide advanced notice and to receive public input regarding this matter: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider an amendment to the Town Code prohibiting the operation of barbecue devices on elevated balconies and within fifteen-feet of ground floor -multi-family dwellings shall be - - published in the Loudoun Times Mirror. The' notice shall be published on October 15 and' October 22, 1987 for public hearing on October 28, 1987 at 7:30 p.m. in the -Council Chambers, 10 Loudoun"Street, SW, Leesburg, Virginia. 87-202 - RESOLUTION - MAKING- A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS FOR SOUTH HAVEN SUBDIVISION WHEREAS, the Town's Director of Engineering and Public Works'has reviewed public improvements installed since the last bond reduction on November 12, 1986 in the South Haven Subdivision and certifies that the value of work performed is $123,460.00; and - . WHEREAS, a letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia in the amount of $192,218.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements in the South Haven Subdivision: THEREFORE, RESOLVED by the Council of the- Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia in the amount of $192,218.00 is reduced to $68,758.00. 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 in the South Haven Subdivision. 87-203 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR LEESBURG GATEWAY SUBDIVISION PHASES I AND IIA WHEREAS, the Town's Director of Engineering and Public Works has reviewed the improvements installed to date in the Leesburg Gateway Subdivision and certifies that the value of work performed is $140,931.00 for Phase I and $35,913.00 for Phase ZIA; and WHEREAS, Letters of Credit from the First American Bank of Virginia in the amounts of $264,931.00_ for Phase I and $112,034.00 for Phase IIA have been provided by the developer and approved by the Council to guarantee installation of public improvements in the Leesburg Gateway-Subdivision, Phases I and IIA: - THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF THE SEPTEMBER 23, 1987 MEETING SECTION I. The letters of credit from First American Bank in the amounts of $264,931.00 for Phase I and $112,034.00 for Phase IIA are reduced to $124,000.00 for Phase I and $76,121.00 for Phase IIA. 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 and relieve the developer of responsibilities outlined in- the contract for public'improvements' for Leesburg Gateway Subdivision Phases •I and IIA. Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila Absent: Councilmembers Curry, Kelley and Williams 87-204 - RESOLUTION - ENDORSING A PRESENTATION BEFORE THE LOUDOUN COUNTY BOARD OF SUPERVISORS AND FUNDING REQUEST TO ASSIST WITH THE CAPITAL COST FOR THE TOWN'S AQUATIC CENTER/ GYMNASIUM'COMPLE% AT IDA LEE PARK On a motion by Mr. Tolbert and seconded by Mr.Leach, the following resolution was proposed: WHEREAS, swimming is the most popular participation sport in this country; 'and • WHEREAS, this Council now has under design for construction in 1988 a $5 million aquatic center/gymnasium complex; and WHEREAS, a feasibility report prepared by Hughes Group Architects of Reston, Virginia, predicts that nearly 55% of the potential attendance for this facility will be derived from county residents residing outside the town; and ' • WHEREAS, the adopted County of Loudoun Parks & Recreation Service Plan calls for development of an olympic'pool: serving Leesburg by 1997; and • WHEREAS, the development of the Ida Lee Park aquatic center/gymnasium complex will fulfill this need, saving the county millions ofdollars in construction costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An official Council appearance before the Loudoun County Board of Supervisors on October 5 is authorized to present Leesburn's plans for development of the Ida Lee Park aquatic center/gymnasium complex and to request the Board's consideration of county participation in the capital costs of this project. ' The town manager and Wayne Hughes of the Hughes Group Architects will assist in this presentation. ' • Mr. Tolbert stated that councilmembers- should attend and give moral support to those persons who will present this to the Board of Supervisors. • Mr. Minor explained that it is appropriate for the' County to contribute funds to this project because of the expected usership by county, in addition to town, residents. Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila i Absent: Councilmembers Curry, Kelley and Williams - • ' )4 tcip MINUTER OF THE SEPTEMBER 23, 1987 MEETING' - 87-205 - RESOLUTION - AUTHORIZING- A LEASE BETWEEN MARKET SQUARE ASSOCIATES, INC. AND THE TOWN OF- LEESBURG REGARDING A TEMPORARY PARKING LOT ON LAND. OWNED BY THE TOWN ON THE EAST SIDE OF SOUTH HARRISON STREET • On a motion by Mr. Tolbert and seconded by Mr. Clem, the following resolution was proposed: - • • WHEREAS, the Town of Leesburg owns in fee simple.a 39,000 square-foot parcel located south of Depot-Court-on the -east side of South Harrison Street; and WHEREAS, the majority of this parcel is presently zoned F-1; and WHEREAS, pervious parking and loading areas are permitted in the F-1 zone; and • - - - - -'• - - WHEREAS, the town and Market Square Associates, Inc. have negotiated a three-year lease which will result in total rent to the town of at least $32,400 over the term of the proposed lease; and WHEREAS, Market Square Associates, Inc. desires to use the parcel as a temporary parking lot for Market Station tenants; and WHEREAS, this lease meets Council parking objectives for the Historic District by preserving the public off-street and on-street parking along Harrison Street for the general public; and WHEREAS, all improvements to create the pervious parking facility will be paid for by Market Square Associates, Inc. and willrequireno town funds or future reimbursement: - ' - J THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to enter into 'a lease, on behalf of the town, with Market Square Associates, Inc. in accordance with the general terms and conditions of the lease transmitted to the Council on September 18, 1987, subject to any modifications required by the town attorney. Mayor Sevila stated that this is not only a chance to turn unused land into a profit opportunity, but also will provide additional parking within the old and Historic District, in accordance with the town plan. , Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila Absent: Councilmembers Curry, Kelley and Williams_ :NEW BUSINESS 87-206 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING PERMITS AND APPROVING A PERFORMANCE GUARANTEE FOR IMPROVEMENTS TO THE ROUTE 15 BYPASS AT BATTLEFIELD PARKWAY On a motion by Mr. Tolbert and seconded by Mr. Clem, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg as follows: SECTION I.' The manager shall 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 improvements to the Route 15 Bypass at Battlefield Parkway. • MINUTES OF THE SEPTEMBER 23, 1987 MEETING • SECTION II. A corporate suretybond in a form approved by the town attorney from American Motorists Insurance company, Member of the Kemper Group in the amount of $480,718.00 is approved as security to .guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for improvements to the Route 15 Bypass at Battlefield Parkway. Thomas Mason reported that the town is working closely with VDOT regarding these improvements. Mayor Sevila asked whether these were the original plans proposed. Mr. Mason stated that they were and now the final revisions will be proposed, keeping the safety of the area in mind. Aye: Councilmembers Clem, Leach, Tolbert and Mayor Sevila Absent: Councilmembers Curry, Kelley and Williams Mr. Minor brought another item onto the agenda regarding a FAA grant for the Leesburg Municipal Airport runway project. The town has received word that they can apply for this grant but must do so by September 30, 1987, therefore, this item must be considered this evening. 87-207 - RESOLUTION - AUTHORIZING GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION, AND WITH THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF AVIATION, FOR FEDERAL AND STATE AID FOR RUNWAY AND APRON IMPROVEMENTS TO LEESBURG MUNICIPAL AIRPORT On a motion by Mr. Tolbert and seconded by Mr. Clem, the following resolution was proposed: WHEREAS, the Federal Aviation Administration has approved a grant application for $1 million, which represents part of the costs for a southerly 1,000 foot extension to the runway at Leesburg Municipal Airport; and WHEREAS, private contributions will be available to fund the sponsor share of a runway extension and apron expansion; and WHEREAS, the Council authorized preapplication and application for this project; and WHEREAS, the Leesburg Airport Commission has endorsed these projects and WHEREAS, the project is essential to incr-ase the economic vitality and air transportation utility of the airport; and WHEREAS, Virginia Department of Aviation has tentatively committed a portion of the state share for these projects: THEREF^RE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager shall execute the grant agreement with the FAA for land/easement acquisitions for the 1,000 foot south runway extension and requisite engineering. SECTION II. The manager shall execute similar documents with the Commonwealth of Virginia with respect to this project. Mr. Minor went on to say that this has been an ,ongoing project and in reviewing prior legislation found that they did not have the authority to execute the grant agreement. This was something that the Council wanted to review to make sure that funds were still available to continue with the project. , l to I%,) MINUTES OF THE SEPTEMBER 23, 1987 MEETING Aye: Councilmembers Clem; Leach, Tolbert and Mayor Sevila 11 Absent: Councilmembers Curry, Kelley "and Williams i Oma motion by Mr. Tolbert and" seconded 'by Mr. Clem the 'meeting was adjourned at 10:07 p.m. Aye: Councilmembers Clem, Leach; Tolbert and Mayor Sevila Absent: Councilmembers Curry, Kelley and Williams ti , . Mayor ' /C,..--- /f. i Clerk ofCouncil J 1