HomeMy Public PortalAbout1987_12_09 A 5-5 r i
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, on December 9, 1987,
at 7:30 P.M. The meeting was called to order by the Vice-Mayor with the
invocation given by Mr. Tolbert, followed by the Salute to. the Flag led by
Mr. Curry. Present were Vice-Mayor Charles Williams; Councilmembers James
E. Clem, Arl Curry; Brian Kelley; Hunter Leach; and John Tolbert Jr. The
Mayor was absent. Staff members present were Town Manager Jeffrey H. Mi-
' nor; Assistant Town Manager Steven Brown; Director of Finance Paul York;
Director of Engineering and Public Works Tom Mason; Director of Planning,
Zoning and Development Martha Mason-Semmes; Assistant Director of Planning,
Zoning and Development Thomas Poupard; and` Deputy Town Attorney Deborah
Welsh.
On motion by Mr. Tolbert, seconded by Mr. Kelley, it was recommended
that the minutes of regular meetings of July 8, and July 22, 1987, be ap-
proved as submitted.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Vice-Mayor
Williams
Nay: None
PETITIONERS
At this time the Vice-Mayor recognized Boy Scout Troop 1159 and Scout
Masters Steve Mayo and Ron Kunz from Leesburg.
Mr. Hubbard Turner of 1107 Bradfield Drive expressed how nice the
town looked with the decorations for Christmas.
PUBLIC HEARING ON GREENWAY CONCEPT PLAN AND REZONING APPLICATION #90 FOR
111 THE GREENWAY PRELIMINARY DEVELOPMENT PLAN BY GREENWAY FARM PARTNERSHIP FOR
CONCEPT PLAN APPROVAL
Mr. Poupard said signed copies of the proffers were distributed to
Council tonight. He explained the plan is an application by Richmond Ameri-
can Homes, as well as the Allman family, to develop a total of 500 units, a
convenience center, a day care center and either a church or library site
on south Route 15 immediately adjacent to Linden Hill, Country Club Subdivi-
sion, and the future Woodlea Manor Subdivision. The developers are propos-
ing a mix of primarily single-family homes and townhouse units. The prima-
ry feature of the site is the floodplain that separates the two portions of
the property -- one has large lot single-family homes adjacent to Country
Club Subdivision which are accessed off Nickels Drive -- the other --large
lot single-family homes and smaller single-family detached lots in another
area, townhouse units in the center and adjacent to Linden Hill, a neighbor-
hood retail center (approximately 20,000 square feet), the day care center
and the library and church site. They also propose one-half of a middle
school site or an entire elementary school site -- this has not been deter-
mined yet. He briefly described some of the concerns raised by the Plan-
ning Commission when they made a recommendation in September and asked the
Council for their advice.
Tom Nalls, representing Greenway Farm Partnership -- the partnership
is a joint venture between Richmond American and L. F. Rossignol Company.
The hearing has been advertised in the Loudoun Times-Mirror the required
number of times, the property has been posted pursuant to the ordinance and
an affidavit which vertified adjacent landowners has been mailed notifying
them of this particular hearing. The signed proffers with very minor chang-
es have been delivered to the town. The proceedings we are going through
tonight are a combination of concept development plan, Town Plan amendment
and a preliminary development plan application. Our purpose tonight is to
provide a brief overview of the project, to receive any additional input
from the community, to entertain your questions and to continue working on
some of the issues that we still need to iron out.
Susan Yantis, Dewberry and Davis, stated there are approximately 116
large single-family lots. The average lot size is 12,000 square feet.
There are an 20 lots on an extension of Nickels Drive also with an average
lot size of 12,000 square feet. The smaller lots have an average lot size
'l MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987
of 8,400 square feet. There are 248 townhouses of which approximately 34
will be garage units. There will be a central recreation area consisting
of a swimming pool, two tennis courts, multi-purpose court and three tot
lots. She said they are hoping to provide two wet ponds at the entrance to
serve as amenity features, as well as stormwater management ponds. The
application proposes approximately 32% open space. There will be 20,000
square foot of retail, a day care site, a six and one-half acre library or
church site -- yet to be determined, and a 15-acre school site.
Mr. Curry asked what the minimum size of the smaller lots were? The
answer was 6,000.
Hubbard C. Turner, 1107 Bradfield Drive, spoke in opposition to the
development as it currently stands. He said it shows the highest density
allowed by the town. He said he did some figuring and this project is
somewhere around 75 to 100 million dollars considering the prices they
probably will receive from the houses and the retail property they plan to
develop. A parcel this size will probably give these people maybe a return
on investments of 2 to 1. He said he lives in Country Club Subdivision and
when he moved there it was farmland -- he said he was not against the devel-
opment but he thinks it should be single-family detached homes and not
townhouses. There are concerns about entering onto Route 15 from Country
Club. Does the applicant propose to widen Route 15? He said he had attend-
ed other public hearings on Leesburg South and they indicated they were
going to take their part in widening the road but he had not heard what had
actually been done -- there will be a substantial increase in the amount of
traffic using the Country Club entrance. Another concern is the mix of the
houses. He also mentioned Ida Lee Park -- he felt with all the people
coming to Leesburg, they need recreation facilities and he believes each
developer should contribute his fair share toward this recreation facili-
ty. Fire and rescue -- what they are planning to contribute, he did not
feel this was adequate. Schools -- more schools need to be built to take
care of the children that will be added by this development -- he said we
are talking about an enormous amount of money, this will come from in-
creased taxes on the current residents. Also, what is going to happen to
the 8 acres along Route 15? He said he does not think any commercial
property should be located on this side of town -- commercial is all over
Leesburg now, what are we going to do with all this commercial? Leesburg
South is going to have a big commercial area in the northwest quadrant.
The Stowers tract is- going to have commercial. He said he would like to
know what we are planning in this area, this must be better defined. He
mentioned several other items that he would like to know more about. He
recommended this parcel not be approved until we have agreed to reduce the
density and make it compatible with surrounding community.
Janet Frey, Country Club resident, said she was concerned about the
environment, traffic, and the wildlife, also the wooded area they have in
that area now. She was also concerned about the flood control, the density
was a concern she had, architecture, style, and she wondered about the need
for all the shopping centers we seem to be including. Also, what about
something for senior citizens -- she would like to see some sort of a cove-
nant to cover the upkeep of the wooded area. She said these items should
be ironed out before the development is approved.
Charles Smith, 217 Shenandoah Street, asked what the basis was for
determination of the floodplain boundary? This was answered to his satis-
faction.
Francis Barkley, resident of 302 Nickels Drive, had concern about
construction traffic on Bradfield Drive and on Nickels Drive. He said he
would like to have some kind of guarantee this would not take place. He
also was concerned about the floodplain and he hoped someone was looking
seriously at this situation.
Lurlene Willoughby, Library Board of Trustees, wanted to go on record
as stating that the Library Board of Trustees is in favor of the 6-acre
site for our Leesburg library. They have met with Mayor Sevila and Mr.
Bos, Loudoun County Board of Supervisors, and all were in agreement that
this is an excellent site for the new library -- it would give them room to
grow, ample parking and some green space which they would all like to see.
Tom Muir, resident of Bradfield Drive, said he was not against the •
development -- he felt basically it was a good development; however, he
5
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987
would like to see the large detached single-family homes and the townhouses
reversed in order to have the single-family homes back-up to the large sin-
gle-family homes on Bradfield Drive.
Roland Carlson, 1105 Nickels Drive, concurred with what all the previ-
ous speakers have said. His concern is the 8-acre site -- what limita-
tions are put on that particular site -- is it going to be commercial,
residential -- he said we should control this.
The public hearing was closed.
On motion by Mr. Kelley, seconded by Mr. Tolbert, Council voted to
refer this matter back to the Finance and Administration Committee for
January 5, 1988.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Vice-
Mayor Williams
Nay: None
At this time, there was a five minute recess.
COUNCILMEMBER COMMENTS
Mr. Curry reported the Planning Commission met on December 3 and held
a public hearing on the proposed concept plan for Potomac Crossing South.
There were eight or nine people who spoke in opposition of this plan, most-
ly because of the request for increased density. They approved the final
development plan for Country Club Apartments, Phase II and they recommended
approval of rezoning ZM-96 by Poretsky Building Group for a 9.6 acre from
County R-1 to Town R-1.
Mr. Tolbert said he wanted to wish everyone a Merry Christmas and a
Happy New Year.
Vice-Mayor Williams said he also wanted to wish the citizens of the
community a very Merry Christmas and a safe and happy holidays, as well as
his colleagues on the Council. He said at this time, he wanted to mention
First Night Leesburg. This will be the second event of this kind, and
based on all accounts that took place last year, First Night certainly was
a success. He also reported on .the progress of the Parks and Recreation
Commission. They met on Tuesday morning to further review and analyze the
proposed master plan. There are some slight modifications as to placements
of the various facilities, particularly in that the library may not be on
that location. As was pointed out, if the library does not locate on the
present park and recreation site, those three acres can certainly be used
in a very meaningful way as far as the layout goes. The Commission is
still looking forward to its public hearing on January 20 and he wanted to
encourage all citizens to come out for the hearing.
MANAGER'S REPORT
Mr. Minor reported the Council received a written activity report on
Monday. Also at your place tonight you have a very brief memo with some
material attached that was prepared by the Commissioner of Transportation
Ray Pethtel which offers some additional information about the Toll Road.
He said Steve Brown went to Richmond on Monday morning and attended the
Subcommittee meeting and was able to deliver the memorandum and resolution
the Council worked on in special session on Friday. The Commission did
ultimately end up and not offer a recommendation with respect to the pri-
vate alternative, nor did they offer much recommendation concerning other
"innovative" concepts that have been discussed. He said we have reserved a
few minutes for you to hear from Paul York, Director of Finance. The town
transmits its annual audit prepared by our certified public accountants,
Yount, Hyde and Barbour, through a very lengthy, and we think valuable docu-
ment, called the Compensative Annual Financial Report which not only trans-
mits the audit but also offers the Finance Director an opportunity to pro-
vide some analytical information about what the town' s financial condition
is at a given point in time.
Paul York explained this is our Compensative Annual Financial Report
for fiscal year ending June 30, 1987. He briefly highlighted areas in the
report that Council will find more interesting than others. First, the
P-6 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987
audit opinion we received is an unqualified audit opinion which specifical-
ly means that our auditors found no material defects in our financial
record or any of the reports that were prepared. The most important aspect
of the report is our general fund unreserved fund balance. We did end the
fiscal year with some money -- we were not in deficit, as a matter of fact,
we had approximately $680,000 in unreserved fund balance for general fund
for last year. This came as a result of revenues of approximately $5.5
million which was a 41% increase over 1986 and general fund expenditures of
approximately $6 million which was a 41% increase over the previous year.
As far as our utility fund, it has probably been the shining star that we
have had for the last several years. The utility fund had a net income
last year of $2. 1 million which was approximately a 16% increase over the
previous year. Operating revenues were $4.4 million and operating expenses
were $1. 3 million. Our airport fund, as you know, in the last several
years has had some difficulty with its financial performance and again this
report indicates a net loss of $6,600. However, this is an improvement
over the previous year where we had a net loss of approximately $54,000.
We are making progress in the airport and we feel that some of the develop-
ment activities that are occurring in that corridor,- as well as an agree-
ment entered into with Mr. Haynes for some corporate hangars he is going to
construct, will definitely be some positive financial overtones to the
airport. We are very optimistic the future tends to be very bright for.
that particular town project. This report, as was last years, will be
submitted to the Government Finance Officers Association, for participation
in their certificate of excellence in financial reporting program. Unfortu-
nately, last year there were some areas they felt we were lacking in as far
as the method in which some of the statements were prepared. We have made
some changes this year based on some recommendations they provided and we
feel confident this year's report does meet or exceed all their require-
ments and we our confident we should receive the award this year.
Vice-Mayor Williams congratulated Mr. York for the excellent job of
preparing the statement and said he shared Mr. York's views that this
should get an award.
Mr. York said the information provided definitely portrays the
strength of Leesburg's physical capacity and this was further demonstrated
this past fall when both bond rating agencies we appeared before upgraded
the town as far as the bond rating. He said that speaks for itself -- they
are totally independent. Their judgment carries . a lot of weight as far as
being able to express some type of opinion as far as the town's financial
strength is concerned.
Vice-Mayor Williams said Mr. York certainly shows the dedication and
exemplifies the quality of employees the Town of Leesburg has and ,has had
for many years; and one of the omissions we have all made tonight, is not
to recognize our town employees and wish them a happy holiday at this time
and thank them for the work they have done throughout this year.
LEGISLATION
On motion by Mr. Kelley, seconded by Mr. Tolbert, the following ordi-
nance and resolutions were proposed and unanimously adopted as consent
items: -
87-0-34 - ORDINANCE - AMENDING THE ZONING MAP FOR OZM-91 BY HCMF
PARTNERSHIP V
WHEREAS, Rezoning Application #ZM-91 by HCMF Partnership V to rezone
1. 2 acres of land on the east side of Morven Park Road from R-1 to MC was
received and referred to the Planning Commission on June 24, 1987; and
WHEREAS, the Planning Commission held a public hearing on this rezoning
application on August 20, 1987; and
WHEREAS, the Planning Commission on October 15, 1987; recommended to
Council approval of this rezoning with concept plan and proffered condi-
tions dated October 5, 1987; and
WHEREAS, the Council of the Town of Leesburg held a public hearing on
this rezoning application on November 25, 1987, prior to which the appli-
cant and owner submitted revised proffer conditions dated November 5, 1987;
and
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987 S 7
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WHEREAS, this rezoning is in the best interest of the public health,
safety and welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is amended to revise the
Zoning District Map to change 1.2 acres of land from R-1 to MC located on
the east side of Morven Park Road and bounded by the lands of Raymond Bell
and Thomas L. and Janice T. Myers and Anton H. and Janice A.R.S. Chaitkin
on the North; Helen M. Johnston and Frederick F. and Betty W. Flemming on
the South; and the remaining 3. 7 acres of the property, currently zoned MC
and also owned by HCMF Partnership V on the East, referred to as Tax Map
48-15, subject to the following proffered conditions submitted by the prop-
erty owner and applicant in accordance with Section 15. 1-491(a) of the Code
of Virginia, as amended:
(1) The architectural exterior elevations and exterior materials of
construction for the addition shall be consistent with the design
and materials of the existing facility. The Zoning Administrator
shall determine the suitability of elevations and materials prior
to the issuance of a Zoning Permit.
(2) Landscaping, set back and parking shall conform substantively to
the proffered landscape plan site layout dated June 4, 1987.
(3) The only permitted uses in the area rezoned for parking will be
parking.
(4) The size of the plant materials shown on the proffered landscape
plan site layout shall conform to Part IV: Standards of the
Town's Landscaping, Screening and Open Space Regulation dated
October 17, 1986.
I
(5) The owners shall maintain all existing rows of hedges and fences
on its property.
(6) South attenuation fencing will be placed around the existing air
conditioning units adjacent to the residential houses.
SECTION II. This ordinance shall be in effect upon its passage.
87-266 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLATION FOR TOLLHOUSE
CENTER
WHEREAS, THE Town's Director of Engineering and Public Works has re-
viewed public improvements installed to date in the Tollhouse Center Devel-
opment and certifies that the value of work performed is $111, 176. 73: and
WHEREAS, a letter of credit from Central Fidelity Bank of Virginia in
the amount of $141,294.00 has been provided by the developer and approved
by Council to guarantee installation of public improvements in the Toll-
house Center Development:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The letter of credit from Central Fidelity Bank in the
amount of $141,294.00 is reduced to $39, 117. 27.
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 responsibili-
ties outlined in the contract for public improvements for the Tollhouse
Center.
A
�y
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987
87-267 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE
FOR PUBLICIMPROVEMENTS INSTALLATION FOR LEESBURG
AIRPARK CENTER, BUILDING "G"
WHEREAS, the Town's Director of Engineering and Public Works has re-
viewed public improvements installed since the last bond reduction in the
Leesburg Airpark Center Development and Building "G" and certifies that the
value of work performed is $304,367.00; and
WHEREAS, a letter of credit from Washington Bank of Falls Church, Vir-
ginia, in the amount of $536,435.00 has been provided by the developer and
approved by Council to guarantee installation of public improvements in the
Leesburg Airpark Center Development and Building "G":
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
$536,435. 00 is reduced to $232,068.00.
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 responsibili-
ties outlined in the contract for public improvements for the Leesburg
Airpark Center Development and Building "G".
87-268 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
AND APPROVING WATER AND SEWER EXTENSIONS FOR COUN-
TRY CLUB APARTMENTS II
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 John C. Wright and Son, Purcellville, Virgin-
ia, for installation of public improvements shown on the plans approved by
the Director of Engineering and Public Works for Country Club Apartments II.
SECTION II. The extension of municipal water and sewer works for Coun-
try Club Apartments II is approved in accordance with Section 15-9 and
19-18 of the Town Code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the town attorney from First American Bank in the amount of $235,803.00
is approved as security to guarantee installation of public improvements
shown on plans approved by the Director of Engineering and Public Works for
Country Club Apartments II.
87-269 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 28 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 con-
tract"; and
WHEREAS, the contractor has submitted Payment Request No. 28 on Novem-
ber 24, 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. 28 in the amount of $180,226.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987 ;21. S�
Payment in the amount of $180,226.00 ($189, 711.00 less 5% retainage)
shall be made to R. F. Kline, Inc. , for Payment Request No. 28 for the
Wastewater Treatment Plant Expansion Project. •
87-270 - RESOLUTION - AUTHORIZING A PUBLIC HEARING REGARDING THE AMEND-
MENT OF SECTIONS 17-29(a) , 17-30, 17-31 AND 17-36
OF THE TOWN CODE
WHEREAS, 17-29(a), 17-30, 17-31 and 17-36 of the Town Code establishes
the license year, due date and late payment interest for business licenses;
and
WHEREAS, Leesburg's current license year and due date is not consistent
with other local jurisdictions and the interest rate charged on delinquent
licenses is not consistent with that charged on other town taxes; and
WHEREAS, any change in Article 2 of Chapter 17 of the Town Code re-
quires a prior public hearing:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A notice of public hearing on an amendment to Sections 17-29(a), 17-30,
17-31 and 17-36 of the Town Code to change the business license year from
July 1 to June 30 to January 1 to December 31 and the due date from July 1
to April 15 and the rate of interest charged on delinquent licenses from
eight percent (8%) to ten (10%) shall be published in the Loudoun Times-Mir-
ror on December 31, 1987, for a public hearing on January 13, 1988, at 7: 30
P.M. , in the Council Chambers, 10 Loudoun St. , S.W. , Leesburg, VA.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Vice
Mayor Williams
Nay: None
Mr. Minor was asked to briefly discuss the ordinance amending Section
11-70 of the Town Code regarding massage technicians. Mr. Minor said the
change in this ordinance is the lifting of the prohibition against cross-
sex massage. The massage technicians will still be required to meet all of
the conditions and standards outlined in our ordinance but the prohibition
against cross-sex massages, as well as the $5,000 fee which is the subject
of the second ordinance, eliminated the opportunity for this type of thera-
py in Leesburg and the Council and its committees heard testimony from
various health care professionals expressing the need for this type of
service within the community.
On motion by Mr. Leach, seconded by Mr. Curry the ordinance amending
Section 11-70 of the Town Code regarding massage technicians was proposed.
Mr. Kelley said he just wanted it known that he has been opposed to
this all along and has made his views known and he is still opposed to it.
Mr. Tolbert said he was opposed to this twelve years ago and he is
still opposed to it.
Vice-Mayor Williams said he could certainly understand why anyone
would be opposed to this twelve years ago with the uncertainty of what may
actually take place in the community without stringent guidelines. In this
case some years ago, the town certainly developed stringent guidelines to
protect the town. He said he could understand why anyone could be con-
cerned but, at the same time, we tend to live by laws and in this case it
seems that a law that would protect the best interest of the citizens could
certainly be upheld -- we don' t stop building roads because we know people
are going to speed and he does not think we should stop legitimate business-
es from operating simply because there are some inconsistent and some ille-
gitimate people who would tend to erode that because you could find that in
any kind of business.
p 9 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987
A roll call vote of three to three was taken defeating the proposed
ordinance.
Aye: Councilmembers Curry, Leach, and Vice-Mayor Williams
Nay: Councilmembers Kelley, Clem, Tolbert
Mr. Kelleyasked that the item amendingSection 17-78 of the Town Code
regarding massage parlor license tax be taken off the agenda tonight.
87-0-35 - ORDINANCE - APPROVING REZONING APPLICATION //ZM-84 TO AMEND
PROFFER #3 PERTAINING TO PARKLAND WITHIN THE
POTOMAC CROSSING PLANNED RESIDENTIAL COMMUNITY
On motion by Mr. Kelley, seconded by Mr.Tolbert, and after a brief
explanation by Mr. Minor, the following ordinance was proposed and unani-
mously adopted:
WHEREAS, approved Proffer //3 for the Potomac Crossing Planned Residen-
tial Community requires the clearing, grading and seeding of 20 acres of
forested parkland with the community and a $5,000 contribution to the town
for park development; and
WHEREAS, rezoning application //ZM-84 by Gary P. Grimm, Inc. , developers
of the community, was filed on November 6, 1986, to revise Proffer //3 to
replace the $5,000 contribution and 20 acres of site work with a 5-acre
neighborhood park developed with a variety of recreational facilities; and
WHEREAS, the Planning Commission held a public hearing on this applica-
tion on February 5, 1987; and
WHEREAS, the Planning Commission recommended approval of the proffer
amendment on February 19, 1987; and
WHEREAS, the Council held a public hearing on the proposed proffer
amendment on April 8, 1987; and
WHEREAS, the Council held a second public hearing on the proposed prof-
fer amendment on May 13, 1987; and
WHEREAS, the applicant revised the proffer amendment subsequent to the
public hearings to further restrict the terms of the proposed park construc-
tion in response to concerns raised by the Leesburg Parks and Recreation
Advisory Commission and the Council; and
WHEREAS, this rezoning/proffer amendment is in the best interests of
the public health, safety, welfare and convenience and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Proffer #3 for the Potomac Crossing Planned Residential
Community pertaining to zoning map amendment //ZM-66 is amended to read as
follows: -
3. Pt10t i0 tYl$ 000104%10A 80$ fO$$)1 171 P$$Agt$0X 2 4$0t01 A00141
A4$$ 0117 070411 t040 tt000 $00 $000 400$0$100$071 20 40$08 01 SAO 0000A1
Si 7101$t 000100$00 $0 $$0 0401$$0171 Y,tg1$1410t10$47 ?Aft A0$$0$1$1 $8
100100$00 0A YNO 70000 000107 $N0$$ 0f 080 7A00t0t40 Pt07101$4tt 0010100/
000$ 714017 $0 $7700 10$ $)l$ 7174000071$ 01 A 071711/00$0080 11070/ 10 4004/
$10711 A001104$$ 0117 11710 0400 010 00$1$1t0 0t410,40 AAA 0111 0000 AA
4$0A Of 400tO$704$$lt fft0 187 40/081 01040 000 1007111 1201 00/001 f0/ 000
AS 4070170 11010$ $710 10 4000/04000 010 01$$$ 400t0t00 $1 080 70071 74$0
P0t01071000$ 011401471 0710 0171 71$1 0010 x00 70001 AS SAO $100 Of 0001041100
0f 000 17$ 40/001 SAO $00 Of Vlfl 7110 $A 4P P0ZYAfl f$$l000/0011 t0 PO 011/
11$00 10/ t00t04$40047 700/010000$8 f0 0000 110100/
Following the dedication set forth in Paragraph 2 above, Applicant
will construct on the property dedicated to the Northern Virginia Regional
Park Authority the recreational improvements as indicated on the "Potomac
Crossing Community Park Concept Plan" dated January 14, 1987 in accordance
with the Budget and Specifications relating thereto dated February 14,
1987. The improvements will substantially conform to the detail shown
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987 ..?6,
thereon allowing for the reasonable substitution of materials and methods
of construction.
The applicant will guarantee construction of the improvements in accor-
dance with Town of Leesburg bonding procedures and begin the improvements
before 621 Zoning Permits are issued for residential building lots in
Potomac Crossing.
Applicant will seek all necessary permits and approvals for said con-
struction from the Town of Leesburg, Virginia, the Northern Virginia Region-
al Park Authority and Loudoun County, but the failure of these entities to
issue the necessary permits in a timely manner will not cause the issuance
of Zoning Permits to .cease. Rather, the Land Development Official ("LDO")
will make an adjustment in the number of Zoning Permits permitted prior to
substantial completion which is reasonable under the then-existing facts
and circumstances.
Applicant will provide insurance indemnifying NVRPA against all liabil-
ity arising from the use of the Park and the improvements during the con-
struction period and all construction activities must be pursuant to re-
quired permits and subject to reasonable inspections by the NVRPA.
Applicant will provide the NVRPA with a copy of Construction Plans and
Schedule for review.
If parties other than the Applicant fail to satisfy any conditions
imposed by the NCRPA and such failure causes a delay in substantial comple-
tion, the issuance of Zoning Permits will not cease. Rather, the LDO will
make an adjustment in the number of Zoning Permits permitted prior to sub-
stantial completion which is reasonable under the then-existing facts and
circumstances.
SECTION II. This ordinance shall be in effect upon its passage.
' Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Vice-
Mayor Williams
Nay: None
87-271 - RESOLUTION - AUTHORIZING CLOSING OF KING STREET BETWEEN LOUDOUN
AND MARKET DURING THE "FIRST NIGHT LEESBURG" NEW
YEAR'S EVE CELEBRATION
On motion by Mr. Tolbert, seconded by Mr. Kelley, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, the FY 1988 budget for the Town of Leesburg includes an appro-
priation in the amount of $1500 as a contribution to assist with expenses
for the "First Night. Leesburg" New Year's Eve celebration; and
WHEREAS, last year's event was considered a success; and
WHEREAS, this event is a safe, nonalcoholic alternative to traditional
New Year's Eve festivities; and
WHEREAS, this event promotes the economic development of downtown
Leesburg; and
WHEREAS, "First Night Leesburg" offers significant cultural and enter-
tainment opportunities to Leesburg's citizens; and
WHEREAS, the "First Night Leesburg" committee has asked that King
Street between Market and Loudoun be closed to traffic during the event to
help stage some of the entertainment activities:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. "First Night Leesburg" is endorsed as a family alternative
to traditional New Year' s Eve celebrations.
SECTION II. The manager is authorized to issue a permit under Section
10-13 of the Town Code to the "First Night Leesburg" committee to close
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987
King Street between Loudoun and Market on December 31, 1987, with the spe-
cific hours of closing and other conditions to be determined by the manager
and chief of police.
SECTION III. The closing of King Street shall also be conditioned on
receipt of a $1,000,000 public liability insurance policy, naming the town
as an additional insured, with respect to insuring thetown against any
liability for personal injury or death and damages to property occurring as
a result of the use of Leesburg's streets for "First Night Leesburg."
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, and Vice-
Mayor Williams
Nay: None
87-272 - RESOLUTION - AUTHORIZING A CONTRACT WITH CAMP DRESSER AND MCKEE
ENGINEERS FOR ENGINEERING SERVICES IN DESIGN AND
CONSTRUCTION OF THE ROUTE 15 BYPASS AND ROUTE 773
WATERLINE EXTENSION PROJECTS
On motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, the 1987 draft Water System Master Plan for the Town of
Leesburg identified an immediate need for construction of these waterline
extension projects due to increased water demand in the Route 643 corridor
of the town's water service area; and
WHEREAS, these projects were included in the town's 1988-93 Capital
Improvements Program, adopted by Council on April 8, 1987; and
WHEREAS, the Town of Leesburg duly advertised and received proposals on
October 26, 1987, from eleven engineering firms to provide these services
pursuant to State and local procurement laws; and
WHEREAS, the selection committee interviewed the highest ranked firms
in accordance with Section 8-3 of the town's purchasing policies; and
WHEREAS, the selection committee ranked Camp Dresser and McKee Engi-
neers as the highest rated firm and has concluded contract negotiations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to enter into a cost
plus fixed fee contract on behalf of the town, in a form approved by the
town attorney with Camp Dresser and McKee Engineers, in the amount of
$142,600.00 for design and construction engineering services on the Route
15 Bypass and Route 773 waterline extension projects.
SECTION II. An additional appropriation of $19,000.00 is made to the
Utility Fund account number 300. 3120. 700. 160 for the Route 15 Bypass water-
line extension and an additional appropriation of $16,800.00 is made to the
Utility Fund account number 300.3120. 700. 130 for the Route 773 waterline
extension project.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Vice-
Mayor Williams
Nay: None
NEW BUSINESS
87-273 - RESOLUTION - AUTHORIZING A LOAN FROM THE GENERAL FUND TO THE
AIRPORT FUND FOR AIRPORT LANDSCAPING
On motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, the Town of Leesburg has a grant agreement with the Common-
wealth of Virginia Department of Aviation in the amount of $16,000 for
airport landscaping; and
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987 020
WHEREAS, the town entered into a contract with Blake Landscaping to
provide landscaping services at the airport in a lump sum amount of
$12,749; and
WHEREAS, invoices have been received for 100% of the work in the amount
of $12,749; and
WHEREAS, grant proceeds have not been received and the Airport Fund has
insufficient cash to currently meet this obligation; and
WHEREAS, grant proceeds are expected for 80% of the entire project
costs within 30 to 60 days:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A loan to the Airport Fund from the General Fund in the
amount of $12, 749 is authorized to cover the cost of the landscaping until
such grant proceeds are received.
SECTION II. Interest of 6% will be paid to the General Fund from the
Airport Fund during the term of this loan.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, and Vice-
Mayor Williams
Nay: None
87-274 - RESOLUTION - REGARDING NORTHERN VIRGINIA CRIMINAL JUSTICE
ACADEMY ACQUISITION OF REAL PROPERTY
On motion by Mr. Tolbert, seconded by Mr. Kelley, the following resolu-
tion was proposed and unanimously adopted:
1 IMr. Minor explained this is really a procedural matter that deals
with the Criminal Justice Academy -- the town is a member of the Academy.
This is the body that trains our police officers and meets all of our man-
dated training requirements. He said he is on the Board of Directors. The
Academy is in the process of acquiring 135 acres in Prince William County
for a driver training track for its officers in training. The track they
use now will not be available to them in a very short time -- the land is
very valuable and is going to be developed. There is some question on
behalf of the Council that represents the Academy with respect to how the
title should be held for this property. The Academy is made up under joint
powers agreement with three types of jurisdictions -- counties, cities, and
towns and so there is some question as to whether the title will be held on
behalf of the participating jurisdictions or actually on behalf of the
Academy itself so what this resolution does is give us the flexibility to
execute whatever documents are necessary to ensure there is a proper title
to the property.
WHEREAS, the Town of Leesburg is a full party to the Charter of the
Northern Virginia Criminal Justice Academy (NVCJA), created pursuant to
Section 15. 1-21 of the 1950 Code of Virginia, as amended; and
WHEREAS, the NVCJA provides critical mandated training services for
Leesburg's police officers; and
WHEREAS, NVCJA desires to develop and operate a driver training facili-
ty and is contract purchaser of a 135-acre tract in the Nokesville area of
Prince William County:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized to sign any documents, on behalf of the town
and the Northern Virginia Criminal Justice Academy necessary to ensure that
title to the real property purchased by NVCJA, consisting of approximately
135 acres in the Nokesville area of Prince William County, is properly held
on behalf of said board.
Pt/
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 9, 1987
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, and Vice-
Mayor Williams
Nay: None
On motion of Mr. Kelley, seconded by Mr. Tolbert, the meeting was ad-
journed.
Mayor
- / //e
Clerk of 4�.uncil
1