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HomeMy Public PortalAbout1987_11_11 ata MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, on November 11, 1987, at 7: 30 P.M. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by Bryan Montgomery, a fifth grader at Leesburg Elementary School. Present were Mayor Robert E. Sevila; Councilmembers James E. Clem; Arl Curry; Brian Kelley; Hunter Leach; John Tolbert, Jr. ; and Charles Williams. Staff mem- bers present were Town Manager Jeffrey H. Minor; Assistant Town Manager Steven Brown; Director of Engineering and Public Works Tom Mason; uirector of Planning, Zoning and Development Martha Mason-Semmes; and Deputy Town Attorney Deborah Welsh. On motion by Mr. Tolbert, seconded by Mr. Williams, it was recommended that the minutes of May 27, and June 24, 1987, meetings be approved as submitted. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None PETITIONERS At this time Mayor Sevila presented the following proclamation: PROCLAMATION WHEREAS, the disease poliomyelitis is and has been one of the most crippling and often fatal diseases among children throughout the world, affecting some 275,000 children each year worldwide, of which some 75 chil- dren will die every day and most of the rest will be crippled for life; and WHEREAS, polio is a preventable disease by the simple administration of a polio vaccine to each and every child, but the vaccine is not available in many parts of the world, thereby causing one in two hundred children to be crippled in two-thirds of the world; and WHEREAS, ROTARY INTERNATIONAL has accepted a challenge of relieving our planet of this devastating disease by acquiring, distributing and adminis- tering this life saving vaccine to all of the children of the world, and has set a goal of raising $120,000,000.00 from among more than one million Rotarians in some 22,000 Rotary Clubs in 160 countries throughout the free world to eliminate polio from the face of the earth; and WHEREAS, the Rotary Club of Leesburg, Virginia, has answered the call of this challenge and has set its goal at $75,000.00: THEREFORE, BE IT RESOLVED that I, Robert E. Sevila, Mayor of the Town of Leesburg in Virginia, hereby proclaim the month of November, 1987, as ROTARY POLIO PLUS MONTH in the Town of Leesburg, and request all the citizens of Leesburg to join with the Rotary Club of Leesburg to help eradicate this dreaded disease of polio from the face of the earth and help make this world healthier and safer for the children of the world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Leesburg to be affixed this 11th day of November, 1987. The. Mayor opened the meeting for petitioners at this time. Peter Kalaris, representing the Sycolin Partnership, spoke concerning the legislation on the Gateway Drive extension. The cost of the extension of the road is $187,000. The issue is, that the staff recommends $26,715 be put up in cash immediately by the Sycolin Partnership before approval of the construction drawings, and the Partnership would prefer to add that amount to the letter of credit for a total of $213,715 and pay that amount in cash when the road is actually constructed. Christine Forrester, 916 Marshall Drive, spoke regarding the peti- tioners' portion of the proposed Council agenda cover sheet. She does not �� MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 r believe there should be a time limit set for petitioners and they should be able to speak as long as they wish. At this time the Mayor recognized Dawn Bunting, a teacher at Leesburg Elementary School and students from the fourth and fifth grades. They pre- sented a proclamation to the Town Council concerning American Education Week. On motion by Mr. Williams, seconded by Mr. Tolbert, the proclamation to the Council was proposed and unanimously adopted and accepted. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None PUBLIC HEARING ON THE PROPOSED SALE OF APPROXIMATELY 2300 SQUARE FEET OF LAND TO FORT BEAUREGARD ASSOCIATES, INC. Town Manager Jeffrey Minor explained that this is a second hearing required by statute. Mr. Mark Nelis, representing Bruce Brownell, presented Council with a letter for its consideration. Mr. Brownell has tried in the past to locate the Tollhouse on an unimproved section of the Town Branch channel adjacent to the McKimmey's property and it was concluded at the end of the engineer- ing study, that the improvement of that channel would be in excess of any economic value of renovating the Tollhouse. Their new proposal is to put the Tollhouse, with a very small addition, on a 10 to 20-foot setback from Loudoun Street. The property the Tollhouse would sit on is owned half by the town and half by Mr. Burnett. However, before they proceed any fur- ther, there are three or four things they need to consider with Council. They have spent in excess of 510,000 on the Tollhouse in engineering fees and moving the building and ir budget cannot afford an enormous amount of engineering expense so they are looking at an architect's drawing that would have to be approved by the Planning Commission, Town Council, and the Board of Architectural Review. The Tollhouse would need three or four parking spaces depending on whether it will be retail or office. The advan- tage of locating on Loudoun Street is that it would be a visible building and, more than likely, the water and sewer connections will have to come out of Loudoun Street and they will pay the actual costs of labor and mate- rials. Finally, they would like to involve Mr. Burnett in this procedure. He has offered to do one of several things -- he is willing to do a bounda- ry line adjustment with the town to give that property to the town so it can become the site of the Tollhouse or, possibly, his revocable license for the bridge would be an easement. The only reason they want this proper- ty is to locate the Tollhouse. Mr. Williams spoke favorably regarding this position. Mr. Clem also spoke briefly concerning the possibility of placing the restored fire en- gine on this property with the Tollhouse in a glass enclosure. Mr. Burnett spoke at some length regarding this proposal. He is in favor of this and is willing to contribute what he can to make this work. The public hearing was closed. On motion by Mr. Williams, seconded by Mr. Kelley, Council voted to refer this matter back to the next Finance and Administration Committee, Tuesday, November 17, for further consideration. II/Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None - PUBLIC HEARING ON PROPOSED VACATION OF TWO SMALL PARCELS OF EAST MARKET STREET RIGHT-OF-WAY CURRENTLY USED FOR STORM DRAINAGE PURPOSES Mr. Minor explained briefly that VDOT, at our request, has agreed to convey to the town without charge right-of-way that abuts.? the proposed Bellewood Commons Shopping Center under development by Turner-Harwood Ven- tures. There is legislation proposed that would accept this dedication of MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 4Q;4 I right-of-way. The town is interested in vacatingand retainingan easement for storm drainage purposes to Turner-Harwood which would benefit their retail shopping center. Part of the consideration for this was reflected in the resolution Council passed recently which dealt with the storm drain- age on that project and the off-site storm drainage on the School Board property and the cash contribution that they will make at the time their construction drawings are approved. The public hearing was closed. On motion by Mr. Williams, seconded by Mr. Kelley, Council voted to • refer this matter back to the Utility and Public Works Committee for fur- ther consideration. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None The Council took a five minute recess after which they reconvened. COUNCILMEMBER COMMENTS Mr. Williams said the Parks and Recreation Commission met and set January 20, 1988, at 7: 30 p.m. to hold a public hearing for the Master Plan . Mr. Curry said the Planning Commission met on November 5 -- they had a public hearing on ZM-96 Poretsky. They approved the final plats for Lots 6A, 6B and 7 for Gateway Subdivision and for Paxton Subdivision, Section 1. They recommended the Fischer rezoning ZM-94 to Council on the condition that it be modified to B-1 zoning rather than B-2 that the applicant re- quested. Mr. Kelley reported the EDAC Committee met and had Fred Flemming, i Loudoun Small Business Center, as featured speaker. Mr. Flemming has coun- selled 75 potential new small businesses that want to locate in the county. Mr. Kelley also mentioned Veterans Day and how much the whole week's activi- ties meant to him. He wanted to extend his thanks to everyone who made this possible. Mayor Sevila expressed his thanks to everyone on Veterans Day activi- ties. The Mayor also commented that the town accepted a bid from Sovran Bank and Associates for the purchase of its $5,000,000 series 1987 bonds. He said the town was very fortunate to receive a bid with an interest rate of 6.9% which is far below what we anticipated when we agreed to go'to the bond market to help finance some of our capital improvements. He said he was very proud and encouraged that Leesburg's bond rating in both bond I rating agencies was upgraded to A level. And, finally the Cable Television Advisory Commission met and we have gone over the 3,000 subscriber limit which is as you know another threshold in the local origination require- ments under our franchise agreement with our cable provider. MANAGER'S REPORT Town Manager Jeff Minor reported the following: (1) Council received a copy of the Activity Report on Monday. One item not in the report was a reminder that on Monday, November 23, the Virginia Municipal Leagues will hold its annual regional meetings. The one for this area will be at the Fair Oaks Holiday Inn at 6:30 p.m. Messrs. Kelley and Clem will be attending as well as Steve Brown from the town staff. This will be an opportunity to meet with other local govern- ment officials in the region as well as to be in contact with legislatures from this region. (2) Mr. Williams and Mr. Minor commented on the United Way Campaign. The town staff participation for this year was 86%. This is an increase from 62% for last year. 94 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 V LEGISLATION 87-0-31 - ORDINANCE - AMENDING CHAPTER 7 OF THE TOWN CODE TO PROHIBIT THE OPERATION OF BARBECUE DEVICES ON ELEVATED BALCONIES AND WITHIN FIFTEEN FEET OF GROUND FLOOR MULTI-FAMILY DWELLINGS On motion by Mr. Clem, seconded by Mr. Williams, the following ordinance was proposed and unanimously adopted: WHEREAS, the Fox Chapel Condominium Association requests town action to prohibit the use of barbecue devices on multi-family dwelling balconies; and WHEREAS, the prohibition of the use of barbecue devices on multi-family dwelling balconies will help prevent residential fires; and WHEREAS, this legislation has been reviewed and recommended by the County Fire Marshal's office: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 7 of the Town Code is amended by adding a section to be numbered Section 7-432, which said section reads as follows: Section 7-432. Operation of Barbecue Devices Prohibited - Multi-Fami- ly Dwellings. No barbecue grill, charcoal brazier or hibachi of any variety, flamma- ble liquid, liquified gas or charcoal shall be ignited to be used on balco- nies of multi-family dwellings, nor within fifteen feet of the ground floor exterior wall of multi-family dwelling units with an overhead balcony. For the purpose of this section the term multi-family dwelling shall be as defined in the Zoning Ordinance. UL approved electric grills may be operated in conjunction with the restrictions listed in the Code. Multi- family dwelling owners and/or condominium associations, whichever is appro- priate, shall post signs at each building notifying residents that barbecue devices are prohibited pursuant to this section. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None 87-241 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR THE LEESBURG SOUTH CONCEPT PLAN On motion by Mr. Kelley, seconded by Mr. Tolbert, the following resolu- tion was proposed, amended and unanimously adopted, with Mr. Williams not voting nor participating. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider the Concept Plan for the Leesburg South Planned Development shall be published in the Loudoun Times- Mirror. The notice shall be published on January 7 and January 14, 1988, for public hearing on February 10, 1988, at 7: 30 p.m. in the Council Cham- bers, 10 Loudoun Street, S.W. , Leesburg, Virginia. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, and Mayor Sevila Nay: None 87-242 - RESOLUTION - REAPPOINTING PLANNING COMMISSIONERS On motion by Mr. Williams, seconded by Mr. Clem, the following resolu- tion was proposed and after favorable comments was unanimously adopted: MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 WHEREAS, the terms of office of William Webb and John Groschan as mem- bers of the Leesburg Planning Commission expire on December 31, 1987: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: William Webb and John Groschan are appointed to the Leesburg Planning Commission for terms of four years, the terms of office to expire on Decem- ber 31, 1991. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None On motion by Mr. Kelley, seconded by Mr. Tolbert, the following resolu- tions were proposed and unanimously adopted as consent items: 87-243 - RESOLUTION - ACCEPTING DEDICATION OF RIGHT-OF-WAY FOR A PORTION OF EAST MARKET STREET FROM THE VIRGINIA . DEPARTMENT OF TRANSPORTATION WHEREAS, the Virginia Department of Transportation (VDOT), as part of the East Market Street widening and improvement project, condemned addition- al right-of-way adjacent to East Market Street for said project; and WHEREAS, East Market Street, west of the Route 7/15 By-pass is main- tained by the Town of Leesburg; and WHEREAS, VDOT has prepared a deed conveying said right-of-way to the Town of Leesburg in accordance with Section 33. 1-89 of the Code of Virginia (1950); as amended: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Dedication of right-of-way along East Market Street, as shown on sheets 1, 4, 5 and 6 of the plans for Route 7, State Highway Project 0007-253-102, RW-201, prepared by the Virginia Department of Trans- portation is hereby accepted. 87-244 - RESOLUTION - REQUESTING THAT THE GENERAL ASSEMBLY AUTHORIZE THE CENTER FOR PUBLIC SERVICE TO PREPARE POPULA- TION ESTIMATES FOR TOWNS • WHEREAS, a number of state funding allocation formulas rely upon popula- tion estimates prepared by the Center for Public Service of the University of Virginia (CPS), former Tayloe Murphy Institute, and WHEREAS, CPS, at present, only prepares annual population estimates for cities and counties; and WHEREAS, Virginia's towns receive alcoholic beverage revenues, funds for urban system highway construction and other state assistance based on population; and WHEREAS, the use of U.S. census population figures for these estimates places towns in rapidly growing regions at a severe disadvantage and re- sults in disproportionate funding allocations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Virginia General Assembly is requested to adopt legisla- tion which would authorize and fund the University of Virginia's Center for Public Service to prepare annual population estimates for towns with popula- tions in excess of 3500 persons. SECTION II. The manager is authorized and directed to transmit this resolution to Senator Charles L. Waddell and Delegate Kenneth B. Rollins. 7)0 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 87-245 - RESOLUTION - REQUESTING THE GENERAL ASSEMBLY TO ADOPT LEGISLATION IMPROVING THE TOWN' S ABILITY TO CON- STRUCT AND MAINTAIN ITS STREETS WHEREAS, new subdivisions increase the need for roads adjacent to new developments; and WHEREAS, the current recordkeeping requirements of the state street maintenance program are burdensome and counter-productive; and WHEREAS, the Virginia Municipal League has proposed legislation to remedy these concerns: • THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Virginia General Assembly is requested to adopt legisla- tion to: (1) require subdivision developers to pay a pro rata share of the cost of providing roads adjacent to their new subdivisions; and (2) reduce recordkeeping requirements in the street maintenance program, using the funds saved from reduced administrative costs for additional maintenance expenses. SECTION II. The manager is authorized and directed to transmit this resolution to Senator Charles L. Waddell and Delegate Kenneth B. Rollins 87-246 - RESOLUTION - REQUESTING THE GENERAL ASSEMBLY TO ADOPT LEGISLATION TO REQUIRE STATE AGENCIES TO COLLECT AND PROVIDE MORE EXTENSIVE DATA ON TOWNS WHEREAS, state agencies do not collect and provide sufficient data on towns within the Commonwealth; and WHEREAS, towns require data to market their location advantages for economic development purposes; and WHEREAS, towns experience a distinct competitive disadvantage because of the lack of the available data; and WHEREAS, towns must currently extrapolate data from county statistics thereby creating inaccuracies; and WHEREAS, the Virginia Municipal League is requesting that economic development statistics for towns larger than 1,000 population be broken out by state agencies: • THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Virginia General Assembly is requested to adopt legisla- tion requiring state agencies to break out statistics for towns larger than 1,000 in population. SECTION II. The manager is authorized to transmit this resolution to Senator Charles L. Waddell and Delegate Kenneth B. Rollins. 87-247 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR LEESBURG GATEWAY SUBDIVISION SECTION IIB, "STORMWATER DETEN- TION POND" WHEREAS, THE Town's Director of Engineering and Public Works has re- viewed the public improvements installed to date for the Leesburg Gateway Subdivision, Section IIB "Stormwater Detention Pond" and certifies that the value of work performed is $32,000.00; and WHEREAS, a letter of credit from First American Bank of McLean, Virgin- ia, in the amount of $40,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for the Leesburg Gateway Subdivision Section IIB "Stormwater Detention Pond": THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: I MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 A 3/ SECTION I. The letter of credit from First American Bank of McLean, I Virginia, in the amount of $40,000.00 is reduced to $8,000.00. SECTION II. The Town Manager shall notify the developer that liability for the 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 responsibili- ties outlined in the contract for public improvements for the Leesburg Gateway Subdivision Section IIB "Stormwater Detention Pond". I 87-248 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR FIELDSTONE AT EXETER OFFSITE UTILITIES , WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the offsite public improvements installed to date for the Fieldstone at Exeter Development and certifies that the value of work performed is $326,994.00; and WHEREAS, a bank letter of credit from First American Bank of McLean, Virginia, in the amount of $408, 743.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for the Fieldstone at Exeter Development: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The bank letter of credit from First American Bank of McLean, Virginia, in the amount of $408,743.00 is reduced to $81,749.00. SECTION II. The Town Manager shall notify the developer that liability 1 for the letter of credit funds has been reduced as outlined in Section I of Ithis resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibili- 1 i ties outlined in the contract for public improvements for the Fieldstone at Exeter Development. 87-249 - RESOLUTION - AUTHORIZING THE PROCUREMENT OF A UTILITY TRACTOR FOR THE WATER POLLUTION CONTROL FACILITY WHEREAS, the FY 88 budget appropriated $70,000.00 to the utility fund account 3140. 700.010, for the purchase of a utility tractor and various other equipment items for use at the Water Pollution Control Facility; and S. WHEREAS, Whitmore and Arnold, Incorporated, of Purcellville,. Virginia, submitted the lowest bid in the amount of $12,985.00 for a Case IH Model 385 tractor with accessories in response to a request for sealed competi- tive bids dated October 26, 1987: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager shall issue a standard purchase order to Whitmore and Arnold, Incorporated, for the purchase of a new Case IH Model 385 tractor with accessories at a price of $12,985.00. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila I Nay: None 87-250 - RESOLUTION - AUTHORIZING A CONTRACT WITH SCHARF-GODFREY, INCORPORATED FOR ESTIMATING SERVICES FOR THE MUNIC- IPAL GOVERNMENT CENTER COMPLEX On motion by Mr. Clem, seconded by Mr. Tolbert, the following resolu- tion was proposed and after a brief discussion was unanimously adopted: WHEREAS, the Town of Leesburg has entered into an agreement with Hanno Weber and Associates, architect for the design of the Municipal Government Center, Parking Structure, Town Green and Loudoun Street Office/Retail infill; and 41p MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 6- WHEREAS, the town will be responsible for all cost estimates necessary to the implementation, progress and execution of the design effort; and WHEREAS, a Request for Proposal was issued by the Department of Engi- neering and Public Works for proposals to provide these services pursuant to the competitive negotiation procedures of Section 8.3 of the Leesburg purchasing policies; and WHEREAS, the review committee ranked the proposal from Scharf- Godfrey, Incorporated first among the three received based on the review criteria; and 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 Scharf-Godfrey, Incorporated not to exceed $31,200.00 for the estimat- ing services in connection with the construction of the Municipal Govern- ment Center Complex. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None On motion of Mr. Williams, seconded by Mr. Curry, a resolution authoriz- ing the publication of a cover sheet for Council agendas detailing Council meeting policies was tabled by a roll call vote of four to three: Aye: Councilmembers Clem, Curry, Leach, and Williams Nay: Councilmembers Kelley and Tolbert and Mayor Sevila A resolution endorsing an increase in the real estate recordation tax, conditioned on distribution of part of additional revenues to the town was, after considerable discussion, referred back to the Finance and Administra- tion Committee for further consideration. 87-251 - RESOLUTION - REQUESTING GENERAL ASSEMBLY FUNDING FOR THE DESIGN AND CONSTRUCTION OF THE DULLES TOLL ROAD EXTENSION TO LEESBURG On motion by Mr. Kelley, seconded by Mr. Clem, and after considerable discussion, the following resolution was proposed and unanimously adopted b' with Mr. Williams not voting nor participating. WHEREAS, in February 1987, the Virginia Department of Transportation (VDOT) initiated studies for a four lane limited access facility extending the Dulles Toll Road from its existing terminus towards Leesburg; and WHEREAS, VDOT retained the consulting firm of Byrd, Tallamy, McDonald and Lewis to establish an alignment and to prepare supporting environmental documents; and WHEREAS, an alternative radial route to Route 7 within Loudoun County is an essential element of any plan to resolve Northern Virginia's critical transportation needs; and WHEREAS, both the Loudoun County Board of Supervisors and Leesburg Town Council have endorsed a Leesburg terminus for the toll road with an align- ment west of Leesburg Airport connecting to the Route 7/15 By-pass; and WHEREAS, the consultants have prepared a preliminary alignment that does meet the requirements of the joint resolution; and WHEREAS, VDOT has expanded the work of its consultants to include a toll road feasibility study and final VDOT board action is expected in the spring of 1988; and WHEREAS, construction for this facility is expected in 1991; and WHEREAS, this project needs to be identified as a critical highway improvement project: MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 3 3 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This Council requests Virginia General Assembly designation of the Dulles Toll Road extension to Leesburg as a critical highway improve- ment project and funding through toll bonds issued under Section 9(c) or Section 9(d) of the Virginia Constitution, once cost estimates are estab- lished and the project is approved by_the Virginia Department of Transporta- tion Board. SECTION II. The manager is authorized and directed to transmit a copy of this resolution to the Honorable Gerald L. Baliles, Governor of the Commonwealth, the Honorable Vivian Watts, Secretary. of Transportation and Public Safety, the Honorable Ray Pethtel, Commissioner of Transportation, the Honorable Charles L. Waddell, the Honorable Kenneth B. Rollins, the Honorable Robert Andrews, the Honorable Betty Tatum, Chairman of the Loudoun County Board of Supervisors and Charles Perry, District Engineer for VDOT. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None 87-252 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS, APPROVING WATER AND SEWER EXTENSIONS AND ACCEPTING A CASH PAYMENT FOR DEFERRED ROAD CONSTRUCTION FOR LEESBURG GATEWAY PHASE IIB, LOTS 6A, 6B AND 7 "GAT- EWAY DRIVE EXTENSION" On motion by Mr. Kelley, seconded by Mr. Williams, the following resolu- tion, was proposed: WHEREAS, construction drawings and final plat for Leesburg Gateway Subdivision Phase IIB, Lots 6A, 6B and 7, "Gateway Drive Extension" have been conditionally approved by the Planning Commission and Department of Engineering and Public Works; and WHEREAS, construction of Gateway Drive to the western boundary of the subdivision under existing conditions will create an undesirable ponding condition for stormwater on the south side of Gateway Drive and also re- strict passage of the 100 year flood; and WHEREAS, the developer has offered to provide a cash payment in'the amount of $26,715.00 to the town which is the value of the section of road- way which will not be constructed at this time: THEREFORE, 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 Sycolin Partnership for installation of public improvements shown on the plans approved by the Director of Engineer- ing and Public Works for Leesburg Gateway Subdivision Section IIB, Lots 6A, 6B and 7 "Gateway Drive Extension". SECTION II. The extension of municipal water and sewer works for Leesburg Gateway Subdivision Section IIB, Lots 6A, 6B and 7 "Gateway Drive Extension" is approved in accordance with Sections 15-9 and 19-8 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 $213,715.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Leesburg Gateway Subdivision Section IIB, Lots 6A, 6B and 7 "Gateway Drive Extension". SECTION IV. A cash payment of $26,715.00 is accepted from the Sycolin Partnership in place of construction of approximately 60 feet of Gateway Drive to the western subdivision boundary. This payment is due prior to MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 final approval of the construction drawings for Leesburg Gateway Subdivi- sion Section IIB, Lots 6A, 6B and 7 "Gateway Drive Extension". Mr. Minor explained that the issue is basically they want to close on this property tomorrow. The town has worked diligently on this to come up with these numbers. Mr. Mason explained that during the review of the construction draw- ings, it became obvious that extending this road to the western property boundary at this time was going to cream an undesirable drainage situation -- it is actually building a dam across a,natural ravine. In the future, when the lands on either side of the road are developed and filled, this condition will be eliminated. Our recommendation is that, in order for him to have an approved plat tomorrow, this letter of credit must be for the full amount of all roadway construction, both what he would build and what is deferred. Once we receive the cash payment, we can approve the construc- tion drawings, as well as reduce the letter of credit. Mr. Minor explained the developer does not plan to build this improve- ment so, at the end of two years, we have a bond on the project that has probably been released through partial releases, leaving the town no funds for this project. Two years from now, they may not pay it, leaving the town with litigation to insure we have the funds available when the roads need to be connected. Everybody agrees that they shouldn't build the 50 feet now, but there should be a cash guarantee for it - the only dispute between town staff and developer is when that payment is made. Paying it at the end of the project is not acceptable to us. Mayor Sevila said he has a concern over bonding. Bonding, as we traditionally use it, is our method of assuring performance and there is no performance required here. We can hold up a bond in the event of non-per- formance, but here where we have agreed that in lieu of non-performance, there is going to be a payment to the town, I cannot imagine how a perfor- mance bond would satisfy our concern that we would receive that money. Mr. Minor indicated that the cash is there whenever the road is needed. At Mr. Minor's suggestion, on motion of Mr. Kelley, seconded by Mr. Tolbert, it was proposed and unanimously agreed to add the following at the end of Section IV: "The Finance Director shall return the interest earnings from the cash guarantee to the Sycolin Partnership at the time the public improve- ments are accepted." • Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None The resolution, with Section IV reading as follows, was unanimously adopted: SECTION IV. A cash payment of $26,715.00 is accepted from the Sycolin Partnership in place of construction of approximately 60 feet of Gate- way Drive to the western subdivision boundary. This payment is due prior to final approval of the construction drawings for Leesburg Gate- way Subdivision, Section IIB, Lots 6A, 6B and 7 "Gateway Drive Exten- sion." The Finance Director shall return the interest earnings from the cash guarantee to the Sycolin Partnership at the time the public improvements are accepted. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None I 3< MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1987 87-253 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF HIGH POINT ASSOCIATES FOR REVISION OF THE ZONING DIS- TRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15. 1 OF THE CODE OF VIRGINIA, AS AMENDED On motion by Mr. Clem, seconded by Mr. Kelly, the following resolution was proposed and unanimously adopted, .with Mr. Williams not voting nor participating: I RESOLVED by the Council of the Town of Leesburg in Virginia as follows: f ' The application of High Point Associates for revision of the Zoning District Map, assigned No. ZM-9'8, 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. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None 87-254 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 27 TO R. F. KLINE, INC. , FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT On motion by Mr. Kelley, seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: 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 I require prior approval of all requisitions for payment under this con- tract"; and WHEREAS, the contractor has submitted Payment Request No. 27 on October 29, 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. 27 in the amount of $258,230.00: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: ' Payment in the amount of $258,230.00 ($271,821.00 less 5% retainage) shall be made to R. F. Kline, Inc. , for Payment Request No. 27 for the Wastewater Treatment Plant Expansion Project. Tom Mason explained that we have gone over the original contract date but the last six weeks to two months the contractor has been doing an amaz- ing amount of work. The current contract completion date is the end of November and we are reasonably sure that all the treatment units are going to be completed and in operation by that time. Throughout the whole project, the quality of the work by R. F. Kline has been excellent, and we are very pleased with the product we are receiving. I Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and Mayor Sevila Nay: None On motion made and duly seconded, the meeting was adjourned. Mayor 4/ -1o C/ ,n71 1 11irk MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, on November 25, 1987, at 7: 30 P.M. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by Mr. Clem. Present were Mayor Robert E. Sevila; Councilmembers James E. Clem; Arl Curry; Brian Kelley; John Tolbert, Jr. ; and Charles Williams. Mr. Hunter Leach was absent. Staff members present were Assistant Town Manager Steven Brown; Director of Planning, Zoning and Development Martha Mason-Semmes; Principal Planner, Planning, Zoning and Development Jay Hicks; and Town Attorney George Martin. PETITIONERS A Certificate of Appreciation was presented to the Goose Creek Kiwanis Club for "A Day in the Park" music festival. The certificate was accepted by Bill Hornbeck, Bill Bostic and Mickey Finn, members of the Kiwanis Club. PUBLIC HEARING ON TOWN CODE AMENDMENT TO REDUCE BUSINESS LICENSE TAX TO MASSAGE PARLORS Steve Brown reported that what we are recommending is it be changed to the same business license tax that is charged other similar business service occupations, specialized occupations and personal service occupa- tions which is $20.00 plus 0. 2% of gross receipts. Sunny DeButts said massage therapy is not related to massage par- lors. Massage therapy is using techniques to manipulate muscles and move fluids through the body to relieve stress. She said she now has a practice in Shepherdstown, West Virginia, and has been working there for two years. She trained in Washington, D.C. , at the Potomac Myotherapy Institute. Mr. Williams said he believed Ms. DeButts has demonstrated she is a legitimate therapeutic person who has a professional background and a de- gree. He said that what he wanted to be certain of was that we were deal- ing with a legitimate professional person and he is satisfied with what he has seen. Neil Steinberg, Joan Walter, Jerry McQuiney, Gail Darden and Solly Walker all spoke favorably, and in great length, concerning this profes- sion. Mr. Williams stated that the town did not, by reducing its rate, reduce its requirements for the number of hours that are required by mas- sage technicians to practice here and that is still 500 hours. • The public hearing was closed at this time. On a motion by Mr. Williams and seconded by Mr. Kelley, it was recom- mended that the matter on reducing business license tax to massage parlors be referred to the next Finance and Administration Committee meeting for consideration. Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None PUBLIC HEARING ON REZONING APPLICATION //ZM-91 BY HCMF PARTNERSHIP V Jay Hicks explained this is a proposal initiated by the HCMF Partner- ship, the owners and managers of the Heritage Hall Nursing Home, to rezone approximately one acre of land that currently functions as the front yard of the nursing home. They are requesting to rezone from Town R-1 to MC in order to put an addition on the nursing home where the parking lot now exists and they need to move some parking onto the property which is now functioning as the front yard. Mr. Williams asked how many beds this would add to the nursing facili- ty. The response was 44. Mr. Larry Horton, representing HCMF, said the current population is 120 and this is full. Twenty-five percent of the folks are from the town, another twenty-five percent are from Loudoun and about fifteen percent from