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HomeMy Public PortalAbout1989_09_26 MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL September 26, 1989 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on September 26, 1989, at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Vice Mayor Tolbert and silent prayers for the victims of the hurricane in South Carolina. Councilmember Mulokey led in the salute to the flag. Present for the meeting were: Mayor Robert E. Sevila, Councilmembers: James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin, William P. Mulokey, and John W.Tolbert, Jr. Also present for the meeting were: Town Manger Jeffrey H. Minor, Assistant Town Manager Steve Brown, Director of Engineering and Public Works Thomas A. Mason, Director of Planning, Zoning and Development Katherine Imhoff, Zoning Administrator Andy Conlon and Town Attorney George Martin. On motion of Councilmember Tolbert, seconded by Councilmember Clem, the Council voted unanimously to approve the minutes of the special meeting of September 12, 1989, and the regular meeting of September 12, 1989, as presented. Mayor Sevila congratulated the Clerk and Deputy Clerk for the timely turnaround of the minutes. There were no petitioners to address the Council. Councilmember Comments: Mr. Mulokey announced that the Turner network will be available on the local cable this week. He also reported on the walking tour of Leesburg and announced that because of the bad weather,.it will be rescheduled. Mr. Lovin congratulated the local school children on the winning constitution poster contest and stated they will be displayed in the vestibule. Mr. Lovin also reported that the Saturday listening session was valuable. Mr. Clem thanked the volunteer fire and rescue personnel for their preparation for the storm, even though it did not strike our area. Mr. Kimball reported on a recent visit to Halifax, Nova Scotia. He stated that they claim to be the most heavily treed city in North America and stated that Leesburg should set some goals towards achieving greater tree coverage. Mrs. Forester reported that the Planning Commission will be holding their public hearing on the Route 7 Corridor Study and also has a work session scheduled for review of Potomac Crossing, Sections 2 and 3. Manager's Report Mr. Minor briefly reviewed the highlights of the written report. He specifically called the Council's attention to Zoning Administrator Andy Conlon's recent resignation and highlighted Mr. Conlon's contributions to the Town and wished him well in his new endeavor. Mr. Minor also called the Council's attention to the major storm drainage project on Dry Mill Road that is under construction and reported that the award for the Bellewood Commons Outfall and West Market Street projects will be made in the near future. Mayor's Report Mayor Sevila reported on the ad hoc citizens zoning committee, stating that is moving through the ordinance and announced that the committee has been granted a two-week extension to complete their-task. Mayor Sevila also reported on a citizens report of a 100-year old tree recently removed to save one parking space. He asked Mr. Minor and Mr. Tolbert to note this report in hopes of preventing any 'similar occurrences in the future. Mayor Sevila noted that Zoning Administrator Andy Conlon was attending his last Council meeting, wished him well and thanked him for his contributions to the Town during his service to the Town. • On motion of Mr. Clem, seconded by Mr. Tolbert, the following ordinances and resolutions were proposed as consent items and unanimously adopted: 89-0-24-ORDINANCE-AMENDING THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING VARIATIONS WHEREAS, Section 15.1-466B of the 1950 Code of Virginia, as amended, sets forth the enabling authority for the Town of Leesburg to include provisions for variations in or exceptions to the general 372 Regular Council meeting minutes of September 26, 1989 regulations of the subdivision ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship; and WHEREAS, an amendment of the variation provisions contained within Section 13-91 of the Leesburg Subdivision and Land Development Regulations is necessary in order to more closely parallel the state enabling legislation and to provide further guidance regarding appropriate variations; and WHEREAS, on April 25, 1989, this Council re-initiated an amendment to Section 13-91 of the Leesburg Subdivision and Land Development Regulations regarding variations; and WHEREAS, on May 25, 1989, the Leesburg Planning Commission 'held a public hearing regarding these proposed amendments; and • WHEREAS, on July 6, 1989, the Commission voted 4 to 2 to recommend these amendments to the Council for adoption; and WHEREAS, on September 12, 1989, this Council held a public hearing on these amendments; and WHEREAS, amendment of this provision of the Leesburg Subdivision and Land Development Regulations is in the best interest of the public necessity, convenience, general welfare and good planning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 13-91 of the Leesburg Subdivision and Land Development Regulations is amended as shown below: Section 13-91. Variation (a) Upon application by a subdivider or developer, the Commission may authorize a variation in the substantive regulations contained in Divisions 4 and 5 of this Article when it finds that a variation is warranted due to an unusual situation or when strict adherence to the general regulations would result in substantial injustice or hardship. (b) In making application for a variation, the applicant must demonstrate in writing that: (1) The requested variation is in keeping with the purpose and intent of the Subdivision and Land Development Regulations; (2) The granting of said variation would not be of substantial detriment to adjacent property; (3) The granting of said variation would not be contrary to the public health, safety and general welfare; (4) The situation is not of a general or recurring nature for similarly situated properties within the Town. (c) In deciding an application for variation, the Planning Commission shall be guided.by its findings with regard to the preceding test, together with the following items and any other such pertinent information as is necessary for the Commission to make its findings: (1) The construction drawing reflecting the requested variation is approved by the Director of Engineering and Public Works; (2) Any variation in street requirements is reasonable in relation to ultimate projected traffic generation and will not result in street sections that do not satisfy minimum Virginia Department of Transportation standards; (3) Any variation in sidewalk standards is compensated through an adequate alternative provision for pedestrian traffic. (d) No variation granted pursuant to this section shall relieve the obligation of the subdivider or developer to comply with any other applicable local or state regulations. (e) In authorizing a variation the Commission may impose such conditions regarding the location, character and other features of the proposed subdivision or development as it may deem necessary in the public interest, and may require a guarantee or bond to insure compliance with the conditions imposed. (1) Applications for variation may be made by any subdivider or developer. Once the • application has been determined to be complete by the Land Development Official, the application and accompanying maps, plans or other information shall be transmitted promptly to the Commission for consideration and action. The Official shall also transmit a copy of the application to the Council. 373 Regular Council meeting minutes of September 26, 1989 (g) Upon the initial public meeting to consider a variation application, the Planning Commission shall determine whether the potential public impacts of the request warrant a public 'hearing. If it is determined that a public hearing is warranted, such hearing shall be scheduled within • thirty days of said determination. Notice of public hearing shall satisfy all Code of Virginia requirements for such hearings. The Planning Commission shall take action to approve, approve with conditions, or deny the application within thirty days of the initial public meeting if no public hearing is held or within sixty days of the initial public meeting if a public hearing is held. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the article as a whole or of any remaining provisions of the Article. SECTION IV. This ordinance shall be in effect upon its passage. 89-0-25 -ORDINANCE - AMENDING SECTION 10-114 OF THE TOWN CODE TO PERMIT TRUCK TRAFFIC ON THE ROUTE 7 BYPASS AND THE ROUTE 15 BYPASS • WHEREAS, Section 10-114 of the Town Code prohibits truck traffic on the town streets and highways; and WHEREAS, several exceptions are listed in Section 10-114 so that truck traffic may be permitted in certain circumstances or locations; and WHEREAS, the Route 7 Bypass and Route 15 Bypass are capable of handling vehicles with gross weight exceeding 10,000 pounds safely and conveniently; and WHEREAS, the Route 7 Bypass and Route 15 Bypass are not listed as exceptions to the truck traffic prohibition: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: The Town Code shall be amended as follows: Sec. 10-114. Certain through truck traffic prohibited. (a) Except as provided below, it shall be unlawful for any person to operate a truck or other vehicle with a gross vehicle weight exceeding 10,000 pounds on any street or highway within the town. (b) Paragraph (a) above does not apply to the following: (1) The operation of trucks or vehicles upon any street or highway within the town where necessary to the conduct of business at a point of destination or origin within the town; (2) The operation of emergency vehicles upon any street or highway within the town; (3) The operation of trucks or vehicles owned or operated by the town, or agents of the town, public utilities, or trucks owned or operated by the Virginia Department of IS�ys and Transportation or its agents; (4) The operation of trucks or vehicles upon any officially established detour within the town; (5) The operation of trucks or vehicles upon the Route 7 Bypass and Route 15 Bypass, 89-0-26 - ORDINANCE -AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED PAY AND CLASSIFICATION PLAN TO ADD A RECREATION SUPERVISOR POSITION WHEREAS, a Recreation Supervisor position is requested to be added to the staff of the Parks and Recreation Department in order to maintain the level and quality of recreation programming local citizens expect and deserve; and WHEREAS, a highly qualified summer intern has expressed a career interest in becoming a permanent staff member of Ida Lee Recreation Center. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational group and pay grades, is amended to read as follows: Sec. 12.1-10. Classification of town employees by occupational groups and pay grades. Employees in the town service are classified in the following occupational groups and pay grades: • Regular Council meeting minutes of September 26, 1989 Occupational • Groups Position Pay Grade Executive-Managerial Dir. of Engineering 27 & Public Works - Chief of Plan Review 24 Dir. of Utilities 26 Director of Finance 26 Dir. of Planning, Zoning 26 and Development Assistant Town Manager 26 Chief of Police 26 Dir. of Parks and Recreation 24 Law Enforcement Parking Control Officer 1 " Police Officer 11 Corporal 13 Sergeant 15 " Investigator 13 " Lieutenant 18 " Captain 21 Administrative-Clerical Clerk Typist 4 " " Data Entry Clerk 3 " " Secretary 5 " " Accounting Clerk I 4 Accounting Clerk II 5 " " Administrative Secretary 7 " " Zoning & Development Asst. 10 Executive Secretary 10 Clerk of Council - 11 " ' Deputy Clerk of Council 8 " ' Personnel Assistant 8 " " Public Information Officer 8 Supervisory Supt. Equipment Maintenance 15 Water Supply Superintendent 18 • Superintendent Bldgs., 17 Grounds and Maintenance I Utility Lines Superintendent 17 " WPCF Superintendent 18 Recreation Supervisor n/a Technical Asst Utility Plant Mechanic 5 " Heavy Equip. Operator 7 " Utility Billing Technician 8 " Asst. Streets, Bldg. & Grounds 13 Superintendent " Operator I • 11 " Operator II 10 " Operator III 7 " Operator IV 4 " Asst. Ut. Lines Superintendent 13 • Maintenance " Asst. Ut. Lines Superintendent 13 • I&I " I&I Technician 7 " Senior Inspector 14 " • Senior Utility Plant Mechanic 11 • Asst. Water Supply Supt. 13 " - Capital Projects Coordinator 18 Capital Projects Representative 14 " Asst. WPCF Superintendent 13 ' Facility Inspector 13 • Engineering Technician 12 " Planning Technician 11 Zoning Technician 11 I ' Zoning Officer 11 " Systems Technician 8 Meter Technician 5 Professional Chief of Operations & 18 Inspections • Engineer 11 18 Traffic Engineer 18 " Engineer I 15 ' Asst. Dir. Planning, Zoning & 23 Development " Planner I 15 • Planner II 17 " Asst. Director of Finance 15 1 375 t1/4 Regular Council meeting minutes of September 26, 1989 " Zoning Administrator 19 Construction/Maintenance Laborer 1 • " " Maintenance Worker II 7 Maintenance Worker 5 " " Mechanic II 7 " " Mechanic I 5 SECTION H. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon adoption. • 89-0-27 - ORDINANCE - AMENDING A PROFFER PERTAINING TO THE RICHLYNN DEVELOPMENT PROPERTY OF THE WARD CORPORATION - #ZM-107 1 WHEREAS, Richard E. Ward, applied on behalf of Ward Corporation on January 3, 1989, for a ILeesburg Zoning District Map Amendment to amend the proffered conditions of parcel "B-2" zoned PD- GI as part of the Richlynn Development Incorporation, as set forth in Ordinance No 85-0-30; and WHEREAS, Rezoning Application #ZM-107 by Ward Corporation was received and referred by the Town Council to the Planning Commission for review and recommendation on February 14, 1989; and WHEREAS, the Planning Commission held a public hearing on this application on March 16, 1989; and WHEREAS, the Planning Commission recommended denial of this application on June 22, 1989; and WHEREAS, the Town Council held a public hearing on this application on August 8, 1989; and WHEREAS, the applicant has revised the application and proffer statement to reduce the potential adverse impacts of the project on the community by prohibiting certain uses on the subject property, and through the submittal of future screening plans for associated outdoor storage (other than prefabricated and modular housing components); and WHEREAS, the application was referred to Loudoun County in accordance with the November I 1982 Annexation Agreement between the town and county; and WHEREAS, this rezoning is in conformance with the Town Plan and is in the best interest of the public health, welfare and convenience: THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Condition number 13 of the December 11, 1985 proffer by Richlynn Development pertaining to zoning map amendment #ZM 58 is amended and new conditions numbered 14 and 15 will be added to read as follows:: • 13. The principal uses of the existing 40,000 square foot building on Parcel B-2 shall be limited to the following, subject to the requirements and limitations of all applicable regulations and ordinances: o Manufacture, processing, fabrication, assembly, distribution of products such as, the following, or such uses as reasonably determined by the Zoning Administrator to be comparable in nature and impact upon the property.as those ucPs listed below: Scientific and precision instruments, photographic equipment, communication, computerization equipment, household appliances, toys, sporting and athletic goods, glass products made of purchased glass, electrical lighting and wiring equipment service industry machines, lithographic and printing processes, industrial controls, radio and television receiving sets, watches and clocks, optical goods, electrical machinery, prefabricated and modular housing and components o Warehousing - o Commercial office building I o For the manufacturing use of prefabricated and modular housing components, outside storage associated with this use is permitted. o Outside storage associated with Proffered Condition is permitted subject to the following: (1) upon the request for any Zoning Permit for a use which has associated outside storage (other than prefabricated and modular housing components) the applicant shall submit a plan for screening of the articles to be stored outside, said screening shall be at a level appropriate for the adjacent uses; (2) the height of material stored outside shall be limited to 20 feet above the pavement surface; and i (3) said screening plan shall be approved by the Land Development Official, said approval shall 376 Regular Council meeting minutes of September 26, 1989 not be unreasonably withheld. 14. The principal uses of any future building on Parcel B-2 shall be limited to the following, subject to the requirements and limitation of all applicable regulations and ordinances: o Warehousing o Commercial office building The other principal uses permissible in the existing building as well as any associated outside storage will be permitted only if approved through the Special Exception process. 15. The following uses shall be prohibited on Parcel B-2: o Storage, manufacture or disposal of hazardous materials o Agricultural, forestry, fisheries and commercial nurseries • o Research, experimental, testing and development activities o Manufacture, processing, fabrication or assembly of the following products: Drugs, medicines, pharmaceutical, die-cut paperboard and cardboard, bags and containers, sanitary paper products, mobile homes, dairy products, feed and grain, baked and confectioners' goods, fruit and vegetable processing, canning o Commercial repair garage o Dry cleaning plant o Commercial greenhouse • o Frozen food locker and ice manufacturing o Radio and television broadcasting, relay stations SECTION II. This ordinance shall be in effect upon its passage. I 89-194 - RESOLUTION - AWARDING A PAVING CONTRACT TO TRI-COUNTY ASPHALT COMPANY WHEREAS, a sealed bid was received for the Town's 1989/90 Street Resurfacing Program and Public Works Parking Lot; and WHEREAS, Tri-County Asphalt Company was the successful bidder for this work; and WHEREAS, the Director of Engineering and Public Works recommends award of the contract for the street resurfacing the public works facility paving to Tri-County Asphalt Company: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a contract with Tri-County Asphalt Company for tz street resurfacing and paving of storage and parking areas at the Public Works Maintenance Facility in accordance with the bid documents and specifications, at the unit price of $26.50 per ton for 2" I-2 Bituminous concrete, $27.00 per ton for 4 1/2" I-2 Bituminous Concrete, $31.10 per ton for 1/2" S-5 Bituminous Concrete for a total not to exceed $140,000.00. 89-195 - RESOLUTION - AUTHORIZING PAYMENT OF THE FINAL PAYMENT REQUEST TO R. F. KLINE INCORPORATED FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT WHEREAS, the contract for improvements at the Wastewater Treatment Plan was awarded to R. F. Kline, Incorporated; and I 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 the contract"; and WHEREAS, the town received the Final Payment Request on September 15, 19899, and Camp, Dresser and McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering and Public Works has recommended payment of the Final Payment REquest in the amount of $200,000.00: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 377 I . Regular Council meeting minutes of September 26, 1989 Payment in the amount of $200,000.00 shall be made to R. F. Kline, Inc., as the final payment for the Wastewater Treatment Plan Expansion Project. 89-196 - RESOLUTION - APPROVING A CONTRACT AMENDMENT WITH BCM POTOMAC, INC. FOR ADDITIONAL ENGINEERING DESIGN SERVICES IN THE UPGRADE/EXPANSION OF THE WATER TREATMENT PLANT WHEREAS, the town is currently under contract with BCM Potomac, Inc. for engineering design services in the upgrade and expansion of the Water Treatment Plant; and i ' WHEREAS, initial pilot testing conducted under the preliminary engineering study phase of the contract has identified several deficiencies in the plant's chemical and physical processes required for i expansion of 5.0 MGD: and WHEREAS, amendment of the March 28, 2988, contract is nececcary to address these deficiencies: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized and directed to execute a contract amendment in the amount of $19,696.00 to the engineering services contract with BCM Potomac, Inc., dated March 28, 1988, for the Water Treatment Plant upgrade and pgra expansion. 89-197 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE TO ADD A RECREATION SUPERVISOR POSITION AND MAKING NECESSARY APPROPRIATIONS WHEREAS, a Recreation Supervisor position is requested to be added to the staff of the Parks and Recreation Department in order to maintain the level and quality of recreation programming local citizens expect and deserve; and WHEREAS, a highly qualified summer intern has expressed a career interest in becoming a permanent staff member of Ida Lee Recreation Center: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: I Section I. The positions and number of employees in the town services established for the fiscal year beginning July 1, 1989, are amended as follows: ' Number of Full-Time Equivalent Positions Available LEGISLATIVE DEPARTMENT Clerk of Council 1 Deputy Clerk 1 EXECUTIVE DEPARTMENT Manager 1 Assistant Town Manager 1 Executive Secretary 1 • Personnel Assistant 1 Public Information Officer 1 Clerk Typist 1 FINANCE DEPARTMENT Director of Finance 1 I Assistant Director of Finance 1 • Accounting Clerk II 1 Accounting Clerk I 1 Systems Technician 1 Utility Billing Technician 1 POLICE DEPARTMENT Chief of Police 1. Captain 2 Lieutenant 1 Sergeant 8 Corporal 2 Investigator • 1 Police Officer 17 Administrative Secretary 1 Secretary 1 371 Regular Council meeting minutes of September 26, 1989 Parking Control Officer 1 Data Entry Clerk 1 ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering and Public Works 1 Traffic Engineer 1 Administrative Secretary 2 I ENGINEERING AND INSPECTIONS Chief of Plan Review 1 Chief of Operations/Inspections 1 Engineer II 3 Engineer I 1 Capital Projects Coordinator 1 Capital Projects Representative 1 Senior Inspector 1 Facility Inspector 3 Engineering Technician 1 STREET MAINTENANCE Superintendent 1 Asst. Superintendent 1 Maintenance Worker II 3 Maintenance Worker I 5 Laborer 8 Laborer (Temporary) 1 EQUIPMENT MAINTENANCE Superintendent 1 Heavy Equipment Operator 1 Mechanic II 1 I Mechanic I • 1 . Laborer 1 PLANNING, ZONING AND DEVELOPMENT Dir. Planning, Zoning & Development 1 • 'Asst. Dir. Planning, Zoning & Development 1 Zoning Administrator 1 Planner II 5 Planner I 2 Planning Technician 1 Zoning Technician 1 Zoning Officer 1 Zoning and Development Assistant 1 Administrative Secretary 2 Secretary 1 PARKS AND RECREATION r Director of Parks and Recreation 1 t Administrative Secretary 1 Recreation Supervisor Part-Time 1 ' UTILITIES ADMINISTRATION Director of Utilities 1 I Engineer II 1 Senior Utility Plant Mechanic 1 Administrative Secretary 1 Asst, Utility Plant Mechanic 1 WATER POLLUTION CONTROL Superintendent 1 Asst. Superintendent 1 Operator I 4 • Operator II 2 379 Regular Council meeting minutes of September 26, 1989 Operator III 2 Laborer 1 Laborer (Temporary) .25 UTILITY LINES Superintendent 1 Asst. Superintendent I&I • 1 Asst. Superintendent Maintenance • 1 Maintenance Worker II 2 Maintenance Worker I 2 I&I Technician 1 Meter Technician 1 Laborer 2 Laborer (Temporary) .25 WATER SUPPLY Superintendent 1 Asst. Superintendent 1 Operator I 1 Operator II 4 Operator III • 1 Operator IV 1 Temporary .25 TOTAL PERSONNEL AUTHORIZED Full Time Equivalent 146.75 Part Time Temporaries 7 8 SECTION II. A supplemental appropriation of $8,775.00 is hereby authorized to be made from the General Fund Unappropriated Fund Balance to Parks and Recreation Account Number 200.7101.100.010. 89-198 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS AT THE COOL SPRING ELEMENTARY SCHOOL WHEREAS, the Loudoun County School Board has completed the public improvements at Cool Spring Elementary School in accordance with approved plans and town standards, and these have been inspected and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. The public water line, sanitary sewers and storm sewers installed at Cool Spring Elementary School are accepted by the Town of Leesburg for ownership and maintenance, and shall be covered by a warranty for defects in materials or workmanship for a period of one-year from this date. SECTION II. This acceptance is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 89-199 - RESOLUTION - AUTHORIZING AND AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR PEER MANOR SECTION III. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Peer Manor Section III. SECTION II. The extension of municipal water and sewer for Peer Manor Section III is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the Town Attorney from Metropolitan Federal Savings and Loan Association in the amount of$172,246.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Peer Manor Section III. 89-200 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE • GUARANTEE FOR PEER MANOR OFF-SITE STORM DRAINAGE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 380 Regular Council meeting minutes of September 26, 1989 SECTION I. The Manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Peer Manor Offsite Storm Drainage. SECTION II. The irrevocable bank letter of credit in a form approved by the Town Attorney from Metropolitan Federal Savings and Loan Association in the amount of$299,309.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Peer Manor Off-site Storm Drainage. 89-201 - RESOLUTION - ADOPTING AN EAST BATTLEFIELD PARKWAY ALIGNMENT WHEREAS, Battlefield Parkway (Route 654) was designated as a major arterial road from Route 15 South, northeast to Fort Evans Road Extended, and a minor arterial road from Fort Evans Road Extended northwest to Route 15 North on the Town Plan 1986 Transportation Policy Map; and WHEREAS, Byrd, Tallamy, MacDonald and Lewis prepared the Route 654 Alignment Study in January, 1988 which proposed alignment options for Battlefield Parkway (Route 654) from Route 15 South, eastward to Sycolin Road (Route 643); and . WHEREAS, to assist the Town's planning efforts in the rapidly developing annexation area, a contract was let to Kamber Engineering to perform an alignment analysis for the eastern section of Battlefield Parkway from Sycolin Road (Route 643) northeast to the Route 15 Bypass North; and WHEREAS, the Town of Leesburg planning and engineering staffs assisted Kamber Engineering, Inc. in association with Bellomo-McGee, Inc. in the preparation of land use development and roadway network assumptions which were integral elements of the alignment study preparation; and WHEREAS, following the receipt of additional staff comments on the Draft East Battlefield Parkway Alignment Study, Kamber Engineering, Inc. submitted the final East Battlefield Parkway Alignment Study on December 14, 1988; and WHEREAS, this study evaluated three roadway alignments for the Parkway and determined the impact of each alignment on five key intersections; and WHEREAS, an alignment graphically depicted as a yellow alignment (alignment #4) was recommended by Kamber Engineering, Inc. with an associated cost estimate $66,937,000, as part of ti` • East Battlefield Parkway Alignment Study dated December 14, 1988; and WHEREAS, the Leesburg Town Council initiated adoption of the East Battlefield Parkway Alignme:., Study prepared for the Town of Leesburg by Kamber Engineering, Inc. on January 10, 1989; and WHEREAS, the Leesburg Planning Commission and the Leesburg Town Council held a joint public hearing on this alignment study on February 28, 1989; and WHEREAS, Kamber Engineering, Inc. received a contract extension on April 6, 1989 from the Town of Leesburg to evaluate possible alternative alignments for Battlefield Parkway through the parcels north of Route 7 to the northern terminus at Potomac Crossing subdivision based on concerns raised at the February 28, 1989 joint public hearing, and WHEREAS, Patton, Harris, Rust, and Associates on behalf of Leegate Corporation, requested and was granted the opportunity to evaluate alternative alignment options for property south of Route i to the southern terminus at Tavistock Farms subdivision, provided a level of analysis comparable to the Kamber Engineering, Inc. study was performed; and WHEREAS, Kamber Engineering, Inc. presented the findings and recommendations of their additional analysis, labeled as the East Battlefield Parkway Alignment Study Addendum, and dated June 19, 1989, to the Leesburg Planning Commission on June 22, 1989; and WHEREAS, the East Battlefield Parkway Alignment Study Addendum recommended a new roadway alignment, depicted graphically and referenced as alignment "B", which shifted the alignment further to the east between Fort Evans Road Extended north to the northern terminus at Potomac Crossing Subdivision from the originally recommended alignment #4; and WHEREAS, the Leesburg Planning Commission on July 6, 1989 recommended that the East Battlefield Parkway Alignment Study, dated December 14, 1988, and the East Battlefield Parkway Alignment Study Addendum dated June 19, 1989, as prepared by Kamber Engineering, Inc. in association with Bellomo-McGee, Inc. be forwarded to the Town Council for adoption as a planning tool to further implement the 1986 Town Plan; and WHEREAS, the Town of Leesburg received a PHR & A study entitled the "East Battlefield Parkway Alignment Study Addendum - Tuscarora Creek Crossing', on August 8, 1989, as well as revised intersection level of service calculations dated September 5, 1989 and preliminary bridge cost comparisons dated September 14, 1989 in support of an alternative alignment proposed by the Leegate Corporation through its property; which said alignment received the support of the planning and zoning committee of the Council and planning and engineering staffs; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: I . ]81 Regular Council meeting minutes of September 26, 1989 SECTION I. The Leesburg Town Council endorses the findings of the East Battlefield Parkway Alignment Study dated December 14, 1988 and the East Battlefield Parkway Alignment Study Addendum dated June 19, 1989 as prepared by Kamber Engineering, Inc. The Council further endorses the East Battlefield Parkway Alignment Study Addendum Tuscarora Creek Crossing study dated August 8, 1989 and revised intersection level of service calculations dated September 5, 1989 and preliminary bridge cost comparisons dated September 14, 1989, as prepared by Patton, Harris, Rust and Associates, p.c. These above-mentioned studies shall be used as planning documents to implement the Town Plan 1986 Transportation Policy Map, as amended. 111SECTION II. The Leesburg Town Council hereby adopts the East Battlefield Parkway alignment as graphically depicted on the East Battlefield Parkway Alignment Study Addendum as prepared by Kamber Engineering, Inc. dated June 19, 1989: The "Leegate Alignment" (dashed red and white alignment) from the southern terminus to the Route 7 interchange, and "Alignment B" (solid yellow alignment) from the Route 7 interchange to the northern terminus. SECTION III. Alternative alignments may be considered by the Town of Leesburg, provided an acceptable alignment study with a comparable level of analysis to the Kamber Engineering, Inc. and Patton, Harris, Rust and Associates, P.C. studies are prepared by the developer, which meet Virginia Department of Transportation and Town of Leesburg Standards. SECTION IV. The configuration of the Route 7/East Battlefield Parkway grade-separated interchange • is conceptual and therefore subject to revisions based upon the approval of a Design and Location study by the Virginia Department of Transportation and the Town of Leesburg. Access to the adjacent properties shall be provided and designed according to the final interchange and support roadway network adopted by the Town of Leesburg to implement Route 7 as a limited access corridor. SECTION V. This resolution shall be effective upon its adoption. Mayor Sevila then recognized Col. Grenata. He inquired about the proposed status of any relationship between Dodona Manor and the ACIL. Mayor Sevila informed him that the ACIL has withdrawn their interest in such a possible association. He said the Council's earlier resolution would have established a trial period. Col. Grenata expressed his satisfaction that the potential ACIL relationship was terminated. Councilmember Forester then made the following motion: Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Leesburg Town Council go I into Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a) Subsections (1), (7), (3) and (5), respectively, of the 1950 Code of Virginia, as amended. The public business matters to be discussed are: 1. Appointments to the Planning Commission and Parks and Recreation Commission. 2. Litigation regarding the Leesburg Airport Wrongful Death Suit. 3. Dodona Manor. 4. Potential unannounced business plans for new retail development. The Town manager, Director of Planning, Zoning and Development, Director of Finance and Town Attorney are requested to remain for the meeting. This motion was seconded by Councilmember Tolbert and approved unanimously by the Council, Mayor voting. The Council then went into executive session at 8:00 p.m. At 8:30 p.m. Council reconvened. Councilmember Lovin left the meeting at this time. Councilmember Tolbert then made the following motion: • I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken the Executive Session. This motion was seconded by Councilmember Forester and approved unanimously by the Council. Aye: ` Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mrs. Forester, seconded by Mr. Tolbert the following resolution was proposed, 89-202 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 26, 1989 WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg and in accordance with the provisions of the Virginia Freedom of Information Act NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does hereby certify that to the best of each member's knowledge, 1) only pubic business matters lawfully 184 Regular Council meeting minutes of September 26, 1989 exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters is were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Town Council of the Town of Leesburg. The motion was then adopted unanimously by a roll call vote. Aye: Councilmembers Clem,.Forester, Kimball, Lavin, Mulokey, Tolbert and Mayor Sevila Nay: None ' On motion of, and duly seconded, the meeting was adjourned. Robert E. Sevila, Mayor Town of Leesburg • Clerk of Council • • • • • • • 111 •