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HomeMy Public PortalAbout1990_03_1377 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL MARCH 13, 1990 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on March 13, 1990 at 7:00 p.m. The meeting was called to order by Mayor Robert E. Sevila with the invocation given by Councilmember John W. Tolbert, Jr., and the Salute to the Flag led by Clerk of Council Dot Rosen. Present 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. Staff members present included: Town Manager Jeffrey H. Minor, A/sistant Town Manager Steven C. Brown, Director of Engineering and Public Works Thomas A. Mason, Director of FinanCe Paul E. York, Director of Parks and Recreation Gary Huff, Chief of Plan Review Paul J. Gauthier, Public Information Officer Susan Farmer and Deputy Town Attorney Deborah Welsh. Petitioners There were no petitioners. Councilmember's Comments Mr. Mulokey acknowledged and welcomed fellow Council candidates Mr. Webb and Mrs. Bange. A positive aspect of the campaign is that it increases citizen awareness in the issues of our town. He is looking forward to a lively campaign where issues can be openly and thoroughly discussed. He talked with some citizens, last night, in regards to the issue of adjacent owner notification. It appears that the town currently meets the law in terms of notifying adjacent owners whenever there is a rezoning or plat amendment. There are instances where adjacent owners desire more notification. He asked Mr. Minor to look into other approaches that the town might take to let people know that something is happening within their town. Mr. Lovin explained that last Wednesday evening, a handicapped citizen, Mr. Chris Harvey who is a blind stockbroker and works for Wheat First Security in Leesburg was walking home, with his guide dog, by way of the bike trail. Unfortunately, he was the target of an individual with an air rifle and was shot. The Leesburg Police Department is investigating the incident. It is pretty low when an individual commits an act like that against a sightless or handicapped person. Both Mr. Harvey and the dog are at risk in a situation like this. Mr. Lovin hopes the case will be solved and whoever the perpetrator was will be brought to some means of justice. Mr. Lovin feels very bad about this, for Mr. Harvey and the Town. Mr. Harvey is certainly not planning to give up his mobility, with his dog, between his work and his home. The police are providing an escort now. Mr. Lovin hates to see the town have to resolve to escorting people through town. This incident was a negative blow to the town. Any input that citizens have or might have seen would be appreciated. Mr. Clem was very sorry to hear about the incident with Mr. Harvey. This weekend, Mr. Clem worked on two upcoming projects. One is the Day in the Park - we are working to get a nice parade going. Second, is the Antique Car Show hosted by the Lions Club which will be held on June 24. Mr. Clem felt that this years follies were a big success. Mr. Clem's wife participated. The first night was held for the elderly and was free. The second night there was a small turnout. The following nights were packed. Mr. Kimball applauds the efforts of the Council candidates. It is a very encouraging sign, for the community as a whole, that we have this level of citizen interest. He looks forward to a good campaign. Mrs. Forester reported on the Planning Commission's workshop that was held on Saturday and said that the Planning Commission, in the morning session, met with a wetlands expert and a problem soils expert. In the afternoon Mr. Jay Hicks briefed the workshop attendees on development and what is in the pipeline. We ended with an effective meeting workshop that Planning Commissioner Fred Williams did. Ail members of the Planning Commission agreed that it was a day well worth devoting our time to. She thanked staff for their time and efforts in setting up the workshop. The Planning Commission, last week, signed an Annual Report of the Planning Commission. Mrs. Forester explained that, due to hurting her ankle, she was unable to attend the last Council meeting but did watch the meeting on Cable TV. She said that this is a great public service that our cable system carries these meetings live. Citizens do not have to be present to know what is happening. She also watched the new show "Looking at Leesburg", produced by Susan Farmer and Doug Taylor. It is shown daily at noon and at 7:00 p.m. It is a different show each week. She encourages citizens and fellow councilmembers to watch the show. 78 Minutes of March 13, 1990 Mr. Tolbert thanked Mayor Sevila for giving him the opportunity of tokiug care of the town while the Mayor was out of town. Everything went fine. He welcomed Mr. Webb and Mrs. Bange to the meeting. Mayor's Report Mayor Sevila thanked Mr. Tolbert for filling in during his absence. Mayor Sevila reported on the Board of Supervisors deliberations on the toll road and the consideration of the Consolidated County Government Complex. With respect to the toll road, the board adopted a resolution which asks the SCC for a seven day extension of the March 15 deadline. The Mayor thanked staff for assisting him in such a short notice. With regard to the county government complex, Mayor Sevila said that the board's action resulted in another 4-4 deadlock. The four votes for the Stratford site remain pretty strong. The board deferred this matter to a work session scheduled for April 2, 1990, at 5:30 p.m. Manager's Report Mr. Minor explained that tonight's Council meeting was rescheduled to 7:00 p.m., because the town originally understood that the board would discuss the county complex tonight at 7:30 p.m., and in anticipation of that the agenda was rescheduled to 7:00 p.m. As it turned out, this topic was to be discussed at 4:30 p.m. Deputy Town Attorney Deborah Welsh received a phone call today from legal counsel for the State Corporation Commission (SCC), as a follow-up to the letter from Mayor Sevila to the SCC which put the SCC on notice that the Town Council does reserve its right to withhold approval of Certificate of Authority from the SCC if there is no adequate assurances that the toll road will be built to Leesburg. Basically, the town found out that that reservation of rights is one that would be quickly extinguished on March 15. We have suggested that the Council consider a proposed resolution that will be much less complex and conditioned then the Board of Supervisor's resolution. The fundamental objective of the town is that there be an assurance that the application will not be modified to unacceptably phase the project, with the first phase being Route 659, or some other provision that would ultimately not see the full extension of the road constructed. This has been the Council's major objective, ff that change were to take place after the March 15 deadline, this Council would have no ability to modify or to then intercede and object to that provision. This reservation is extremely important. The Spring Lamplighter will be mailed on April 2nd. The contra~ with BDE&T for the Route 15 bypass widening, has been executed and a notice to proceed has been issued. Mr. Huff, Mr. York and Mr. Brown have been working on the Ida Lee Recreation Center Marketing and Business Plan. We are very excited about the progress at Ida Lee Park. Mr. Minor encourages everyone to take a drive to the park to see what is happening. We have a real challenge, before us, to try to manage this facility to the best interest of the town and be prudent with this major investment that our community has made. To ensure that a fee system is established that gives us a fair return and one that the majority of our citizens can afford. Legislation On motion of Mr. Clem, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted. 90-44 RESOLUTION ASKING THE BOARD OF SUPERVISORS TO EXPEDITE THE CONSTRUCTION OF THE LEESBURG LIBRARY WHEREAS, Leesburg's Thomas Balch Library, built in 1922 to hold 4,000 books, now holds 40,000 books and is wholly inadequate to service the needs of the growing Leesburg community of over 19,000 people; and WHEREAS, Loudoun citizens recognized the severe deficiencies of our library system and approved a $6.6 million bond referendum in 1984 for new library projects to include a new Leesburg library; and WHEREAS, Loudoun County has used these bond funds to open new libraries in Middleburg and Lovettsvine, and to plan a new library in Eastern Loudoun; and WHEREAS, the county adrninistraWr proposed to further delay construct/on of the new Leesburg library until FY 1992; and WHEREAS, it is physically impossible to complete construction of the Leesburg library at the Old Waterford Road site adjacent to Ida Lee Park by July 9, 1991, which was the completion date imposed by the Deed of Gift and Dedication of the 3-acre site to the county; and 79 Minutes of March 13, 1990 WHERF. u~, without modification of the dedication instrument, this land will revert to Ida Lee Park and will be ineligible as a site for the new library; and WHEREAS, this Council wishes to convey to the Board of Supervisors its utmost cooperation in assuring that this 3-acre tract remains the property of the public library board and Loudoun County and that it seeks the support of the Board of Supervisors to include funding in the budget to allow construction to begin on this facility as soon as possible: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This Council joins the hundreds of Leesburg citizens who ask the Board of Supervisors to ensure funding for the Leesburg library in the proposed FY 1991 County of Loudoun budget so that construction of the new Leesburg library can commence as soon as possible. This Council directs the town manager to ensure a thorough and expedited review of all plans and submittals for this critical facility. SECTION II. This Council has no objection and fully supports a revised Deed of Gift and Dedication to allow additional time necessary for the County of Loudoun to complete construction of the Leesburg library adjacent to Ida Lee Park. SECTION Ill. The town manager is authorized and directed tn forward copies of this resolution to the Loudoun County Board of Supervisors, the Public Library Board of Loudoun County, Mr. and Mrs. William F. Ru~ Jr., and the Leesburg area news media. Mr. Clem noted that a Mrs. Fishback spoke at the last Council meeting regarding the library where she pointed out some disturbing facts. The library is now storing books underneath the Leesburg Car Wash because there is no place to put these books. If there was a leak there would be a lot of books destroyed. The Thomas Balch Library, in its present state, is unable to handle the volume of people that use it. This is worthwhile matter to support. Mr. Mulokey hopes that the Board of Supervisors can find a way not to delay this. It is something that the citizens of Leesburg deserve as soon as possible. Aye: Nay: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila None On motion of Mr. Clem, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted. 90-45 - RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF TKANSPORTATION TO ACCEPT CERTAIN STREETS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Virginia Department of Transportation is requested to accept into the Virginia Department of Highways secondary system .56 lane miles of Foxridge Drive, S.W.; .30 lane miles of Deerpath Avenue, S.W.; .22 lane miles of Anne Street. S.W.; .08 lane miles of Wage Drive, S.W., as listed on the accompanying Form U-l, in accordance with the requirements of Section 33.1-43 of the 1950 Code of Virginia, as amended. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbe~ seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 90-46 - RESOLUTION - SCHEDULING A PUBLIC HEARING FOR THE PROPOSED FY 1991-95 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, the proposed FY 1991-95 Capital Improvements Program has been submitted to the Town Council and Planning Commission; and WHEREAS, the proposed FY 1991-95 Capital Improvements Program is scheduled for a public hearing before the Planning Commission on March 22, 1990; and WHE~, this Council desires to solicit and consider the views of Leesbur~s citizens with respect to the proposed capital improvements program; and WHEREAS, the proposed CIP must be reviewed and acted on prior to approval of the proposed FY 1991 budget: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Town Council will conduct a public hearing to solicit public comment on the proposed FY 1991-95 Capital Improvements Program. The notice shah be published in the Loudoun Minutes of March 13, 1990 Times-Mirror on March 8, 1990, and March 15, 1990, for public hearing on March 27, 1990, at 7:30 p.m., in the Town Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia. 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 and unanimously adopted. 90-47 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR TAVISTOCK FARMS SECTION 18 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 Tavistock Farms Section 18. SECTION Il. The extension of municipal water and sewer for Tavistock Farms Section 18 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 Perpetual Savings Bank F.S.B. in the amount of $356,004.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Tavistock Farms Section 18. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 90-48 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION AT LEESBURG CHRYSLER-NISSAN WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date at Leesburg Chrysler-Nissan and certified that the value of work performed since the last reduction of the performance guarantee exceeds $6,212,96; and WHEREAS, a irrevocable letter of credit from the Bank of Loudoun in the amount of $15,165.20 has been provided by the developer and approved by Council to guarantee installation of public improvements for Leesburg Chrysler-Nissan. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from the Bank of Loudoun in the amount of $15,165.20 is reduced to $8,952.24. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Leesburg Chrysler-Nissan. Aye: Nay: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila None On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 90-49 o RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEESBURG GATEWAY PHASE IIB~ LOTS 6A, 6B AND 7 WHEREAS, the Sycolin Partnership, the developer of Leesburg Gateway Phase liB, Lots 6A, 6B and 7 has completed the public improvements in accordance with approved pLa_ns 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 irrevocable letter of credit from First American B_~nk in the amount of $250,000.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $12,500.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument 81 Minutes of March 13, 1990 conveying unto the town all such improvements and easements free of any liens or charges. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 90-50 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEESBURG GATEWAY LOT 9 WHEREAS, the Sycolin Partnership, the developer of Leesburg Gateway Lot 9 has completed the public improvements 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 irrevocable letter of credit from First Americ_~n Bank in the amount of $42,085.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $2,104.25 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Public hearing - Design and Construction Standards Manual Mr. Paul Gauthier, Chief of Plan Review, addressed the Council stating that tonight's public hearing on the Design and Construction Standards Manual (DCSM) is the culmination of two years worth of effort on behalf of the town staff, its engineering consultant William H. Gordon & Associates and the Design and Development Community in the Town of Leesburg. This manual is authorized under Title 15 Chapter 11 Article 7 of the 1950 Code of Virginia, as amended and will be incorporated into the Subdivision and Land Development Regulations. The purpose of this manual is to establish standards for design and construction of public facilities which are constructed as a portion of subdivisions or developments within the Town of Leesburg. The provisions of this manual, the Zoning Ordinance and the Subdivision and Land Development Regulations will become the minimum requirements for submission, preparation and approval of plans within the town. The guidelines in the DCSM have been prepared to smooth the adoption process and to eliminate confusion in the design and development community as to acceptable standards for public facilities within the town. Mr. Ganthier gave a brief history of the manual. During the spring and early summer of 1989, the manual was utilized by the development community as a test run. Several meetings were held with the town and the Northern Virginia Building Industry Association (NVBIA), which generated a revision packet to the manual. Due to the complexity of this manual, NVBIA asked that another workshop be held on March 5, 1990. At this meeting several concerns were pointed out, in the revision packet~ by the NVBIA. Addendum No. I was then prepared. Town staff recommends that a fifth workshop be held with NVBIA to address the concerns raised at tonight's public hearing and a final revision packet be prepared prior to final action by the Town Council. Mr. Steven W. Reynolds, Project Manager with William H. Gordon & Associates addressed the Council. He introduced Mr. Joseph McClellan, Vice President of William H. Gordon and Mr. Carl Levinberg, a_afl engineer, who provided the bulk of the work on this manual. Gordon Associates have been extremely privileged to participate in a much needed development of minimum design and construction standards for the public facilities within the town. The town's st_afl' and other industry participants, including NVBIA, have been very helpful and cooperative in developing this manual. The manual, as amended, contains eleven articles and seven appendices. Article 1 contains general information. Articles 2 through 7 include criteria for water and fire regulations, sewerage and solid waste disposal, storm drainage, environmental protection and transportation. Article 8 includes criteria for the preservation of vegetation of planting. Article 9 contains geotechnical guidelines. Article 10 contains construction and development plan information for the preparation of those type of documents. Article 11 includes the manual's structure, the revisions, definitions, references an index and a bibliography. The seven appendices, A through G, include construction standards to be applied within the town, a water cross-connection manual, recreational equipment criteria, the proper submission process to the Virginia Department of Health, and various forms of agreements that are used by the town. Also provided is a vacant appendices that will provide an area for design and construction standard memos that may be issued by the Director in the future. Also included is a comprehensive collection of checklists for the review and design preparation of plans within the Town of Leesburg. In preparing these checklists, it is our hope, that we can severely reduce the number of submissions to the town which is a benefit to the town as well as the industry. Mayor Sevila asked Mr. Reynolds to summarize, for the Council, what his experience has been during the draft document~ Mr. Reynolds said that Gordon Associates was also issued a contract to provide plan review services for the Town of Leesburg. We have experienced an increase in quality Minutes of March 13, 1990 of plan submission. The number of submission have gone down and the plan approval rate is up. The manual has been on the street for a year and we have found that submitting engineers and architects seem to be using the criteria that has been published. There has been an extreme benefit to having these interim guidelines. The backlog of plan review has been severely reduced and we have achieved a 45 day turn around for plan submission, which is far below the state mandate of 60 days. Mayor Sevila said that William H. Gordon & Associates have provided tremendous service to the town. This manual is something that the town has needed and will serve a valuable purpose for the town and the public. Mr. Gauthier noted that all the aforementioned documents are available for public inspection at the town office during normal business hours. He thanked members of the NVBIA technical committee; Mr. Dave Bowers, Mr. David Antenucci and Mr. Eric Zicht. Mr. Kimball asked if this type of document is resident in all the towns in Virginia. Mr. Gauthier said that a document of this type is almost a necessity to a developing town. Mayor Sevila said that this is a tremendously thorough document and one that will hopefully remove all of the uncertainty that was the most frequent refrain heard from every engineer and applicant who came to town. That is, we did not have modern published standards that covered the variety and types of public facilities that this town has. We have now replaced that uncertainty with a document that gives us minimum standards that must be complied with. Mr. Minor said that this document is as good or better than any in the Commonwealth, in terms of material covered, completeness, organization, etc., due to several reasons. The m~or reason is that the town hired a good consultant, another reason is we had to pay a lot of money for it. Third, we have a super engineering staff capable and able to do a project of this size and complexity. Also important, is that we had a willingness to recognize the client that the town has, in many respects, when we review a plan is not only the public but also the engineer, as well as the person who owns the land. We have tried to work with the various engineers, N-v-BIA, who have given us much more depth of comment. Incrementally this document has improved and improved. It is heading in the right direction. Mr. Mulokey said this is an example of a situation where everyone is benefiting. This was a significant expenditure of the tax payer's money but is something that has benefited the development and engineering community and also the citizens because we have reduced the amount of money that we have to spend for our town st_~fl' to keep circling and reviewing these plans. We also get a better quality of public works in our town. Mr. Dave Culbe~ a resident of 405 Edwards Ferry Road said that he has previously submitted comments with respect to the manual. He has found both Paul Gauthier and Deborah Welsh to be very responsive and helpful during this process. Also everyone with Gordon Associates has been very cooperative. The one aspect that bothers Mr. Culbert, every time he has to prepare an easement, dedication document or TEC easements, are the forms in the manual. He does not like them and does not believe they are of any use. I don't believe the utility companies want them. The location of TEC easements has been the topic of many discussions and comments. In my opinion TEC easements are not easements. They are at best reservations or an expression of an intent to create an easement. By having these mandated in the ordinance - you are creating confusion and at best surpluses. I suggest getting rid of these all together and addressing those services in some other way. Mr. Dave Bowers, addressed the Council stating that he is a professional engineer practicing in the Town of Leesburg and has been here since 1974. When he first came to town there was a very good relationship between the engineering community and the town. Part of the reason for that was there wasn't much going on. Development in the early 80's started to heat up. At that time he worked with Paul Bengtson and Dick Hearn. We were charged with doing a manual for the town. That manual was somewhat shelved and because of that we have been dealing with documents from 1973. By the mid 80's we were in a technical battle. There was a big shift in town staff, we went from one engineering firm, in town, to seven or eight. We were pulling teeth. We finally agreed to come to a round table meeting approximately 3 years ago and institute the interim guidelines. I was chosen as a co-chairman along with Mr. Dave Antenucci to serve for the NVBIA in review of the technical document. William H. Gordon & Associates did a fabulous job. Mr. Ganthier is to be commended as always. One thing that needs to be pointed out was that when we sat around the table and set up the rules we determined that there would be things that we would agree on, things that your side or our side would concede on, and there would be things that we would agree to disagree on. At this point, we have all been very busy. It is an intense, extensive document. Mr. Bowers asked that they be given a mediator to determine the difference in the technical points that will be brought out in the next work session. The issue of the design construction manual memorandums have been a little bit of a thorn in our side. We feel that those will go away with the manual. We are not too sure how that is going to come back into play once the manual is adopted. It would be prudent to keep the technical committee, both the public and private side, intact and review the document annually, perhaps even semi-annually. Mr. Eric Zicht, an engineer practicing in Leesburg, addressed the Council. He appreciates Mr. Gauthier and Mr. Mason for meeting and spending the time going through the proposed regulations. William H. Gordon & Associates did an excellent job in putting together a thorough compilation of desireable standards. Mr. Zicht stated that he is not pleased with this document. These specifications have a lot of good engineering principles but they are not balanced by economics. We have all gotten carried away with detail. We have to look at the value of what we are getting for the amount of effort and the amount of cost that is being put in. We are spending and wasting too much time on 83 Minutes of March 13, 1990 floodplains at a one acre level. State standards allow in a design storm for water to overflow the curb by about 2 feet. In Leesburg we have to keep within the two foot curb. Engineering costs in Leesburg, compared to Loudoun County and Fair(ax are about 50% to 100% higher. Development costs are currently 20% to 30% higher. This tr~__nslates into a lot cost that is $5,000 to $10,000 more for a quarter acre lot - this cost is passed on to the home buyers. I have been working on Loudoun County's manual for more than a year. They have a good manual, a better direction and a more balanced view point on the development process and the regulatory process. Mayor Sevila asked Mr. Zicht what was the source of his statement that development and engineering costs are 50% to 100% higher in Leesburg. Mr. Zicht said that he commonly does cost estimates for developers, his own work, and subdivisions in both jurisdictions for bonding estimates. The Mayor asked if there was any published comparison of these rates, or were they Mr. Zicht's own estimates. Mr. Zicht said that it was difficult to get a direct comparison because when he has a subdivision of a certain size in Loudoun or Fairfax County there is a certain number of drainage structures. In Leesburg there seems to be a good deal more structures, due to having a different and more stringent standard for drainage. The Mayor said that Mr. Zicht must recognize that the Town of Leesburg is basically built on the convergence of four streams that makes the town vulnerable to flooding. Mr. Zicht referenced the town's pavement standards stating that they are a good deal more stringent. Mr. Minor said that the development in Leesburg versus the development in some of the rural areas in Loudoun and Fairfax are different. These are the challenges and values that the town is faced with. Mr. Mulokey said, from his view point, Mr. Zicht has some good points and there may be some issues that need to be addressed. From a policy view point, if we are going to error, I would prefer to error on the side of better quality. I don't think Leesburg is in a position where we need to attract cheap housing. We want to ensure that all of the housing that is built in Leesburg, from now on, is good quality housing. Some of our citizens are still suffering from problems that have occurred, many years ago, because of the lack of the kind of standards that we are developing now. Mr. Zicht said what would really help, from a more balanced perspective, is if Council would direct staff to consider affordability and weigh cost versus benefit in this process. Mr. Terry Titus thanked the town for its efforts on this document. There are two side to this document and we don't always agree. He referenced the Mayor's question, to Mr. Zicht, regarding the 50% to 100% increase in development/engineering cost in Leesburg versus Loudoun or Fairfax County. He explained that he was with a firm that designed a piece of road in Leesburg that was exactly the same length of road that is already there and there were 3 times as many sheets of paper in the section we designed as there were in the older section. I guarantee that the road is no different and no better. Mr. Titus asked the Council to consider those economic benefits. Mayor Sevila asked if the second half of this road, that has so much more paper work behind it, was designed or engineered under this document or if it precedes this document. Mr. Titus said the road precedes this document - philosophically it follows the document because of review. Part of the increased costs are from the lack of standards. He complimented the Council on this document. We need a set of rules to go by - it is difficult to deal without them. Mayor Sevila thanked the professionals in our public; Dave Culber~ Dave Bowers, Eric Zicht, Terry Titus and David Antenucci for their participation in the review and development of this document. It seems there may be a lot more work left before it is in final form. He also thanked Mr. Reynolds and his colleagues for all their work. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mr. Tolbe~ seconded by Mr. Clem, this matter was deferred for a period of 45 days, to then be placed back on the Administration and Public Works Committee agenda at the end of the 45 days. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Public hearing. ~ZM-115 Expansion of the Old and Historic District (H-l) Ms. Imhoff stated that this was initiated by the Council in November 1989. It was discussed at the committee level for several meetings and then went on to the Board of Architectural Review (BAR) and the Planning Commi~ion, both of whom had public hearings on it and both of whom then adopted it. This has changed slightly since last November. The changes are: there were six properties at the end of King Street, closest to the Safeway, that have been deleted from this current proposal. Those property owners were not interested in being included at this point. There were also two properties that were added to the original proposal, both with the support of the property owners at 430 West Market Street and 6 Wilson Avenue. We consider this to be the second expansion of the Old and Historic District. The first expansion was Dry Mill Manor. We have also discussed with Council, at the committee level, to have a third expansion because while this second expansion was going on there was a great deal of interest by other property owners. For e~mple, the Westgreen residents. Mr. Lovin pointed out that this is an overlay and that the base zoning will remain the same. Ms. Imhoff stated that the base zoning is not being changed. Mr. Lovin represents the Council on the BAR and explained that the reason for this expansion is to lessen the gap between what was the H- I and the H-2 and have some uniformity. Minutes of March 13, 1990 Mayor Sevila said that he was encouraged because the absence of speakers and property owners who are affected is an indication of their acquiescence, understanding and support of this legislation. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mrs. Forester, seconded by Mr. Muiokey, this matter was referred to the Planning and Zoning Committee agenda of March 21, 1990. Nay: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila None Mrs. Forester made the following motion: Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Leesburg Town Council go into Executive Session. The authority for this Executive Session is found in Section 2.1-344(a) Subsection (1) of the 1950 Code of Virginia, as amended. The public business matters to be discussed are personnel matters relating to an appointment to the Planning Commission. The motion was seconded by Mr. Lovin. Mr. Tolbert made a motion to amend the original motion, to include the Environmental Advisory Commission appointments, to read as follows: Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Leesburg Town Council go into Executive Session. The authority for this Executive Session is found in Section 2.1-344(a) Subsection (1) of the 1950 Code of Virginia, as amended. The public business matters to be discussed are personnel matters relating to an appointment to the Planning Commission and the Environmental Advisory Commission. The motion was seconded by Mr. Clem. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Mrs. Forester 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 in the Executive Session. The motion was seconded by Mr. Tolbert. 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 and unanimously adopted: 90-51 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF MARCH 13, 1990 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 public business matters lawfully 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 as 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. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None The public meeting was reconvened at 10:30 p.m. Robert E. Sevila, Ma~'or Town of Leesburg