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
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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.
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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:
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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
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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
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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:
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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
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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
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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:
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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:
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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
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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:
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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
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Clerk of Council
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