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HomeMy Public PortalAbout1990_05_08139 MINUTES OF THE REG~ MEETING OF THE LEESBURG TOWN COUNCIL MAY 8, 1990 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on May 8, 1990, at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert. The Mayor introduced the town's local Company C of the National Guard, who then led in the Salute to the Flag. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Claxton E. Lovin, Willi_~m P. Mulokey and John W. Tolbert. Councilmember Donald A. Kimball was absent. Councilmembers- elect Georgia Bange and William Webb were also present. Planning Commissioners present were: Mrs. Darling and Mr. Belles. Staff members present were: Town Manager Jeffrey H. Minor, Director of Planning, Zoning and Development Katherine Imhoff, Director of Engineering and Public Works Thomas A. Mason, Director of Utilities Randolph W. Shoemaker, Public Information Officer Susan Farmer and Deputy Town Attorney Deborah Welsh. Mayor Sevila read the following proclamation: PROCLAMATION HOMETOWN NATIONAL GUARD SUPPORT WEEK WHEREAS, the National Guard brings to this area a rich tradition of service to the community and to the nation. The professionalism and public spirit demonstrated by the unit has brought credit upon the Town of Leesburg, the homes of many of its members. Its members stand ready to follow in the tradition of the Guardsmen before them and provide for the defense of the Nation and to serve their fellow citizens in times of need; and WHEKEAS, the National Guard consists of members of this community who enrich it through their service and through the diversity of their experience. Each member of the National Guard has Carried the lessons of his military experience into his civilian pursuits as a member of the community; and WHEREAS, the National Guard is an integral part of the community and depends upon the community for its experience. As a part of the organized Militia of Virginia - now designated as the Virginia Army National Guard% Company C 1st Battalion, 170th Infantry - the local National Guard requires the support of the community for the members who so bravely and selflessly serve in its ranks. NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Leesburg does hereby proclaim the week of April 30 - May 6, 1990, as Hometown National Guard Support Week, a time for all citizens to support the National Guard and to render such assistance as they can to ensure its continuance as a strong, vibrant, integral part of this community. Mayor Sevila said that he and Mr. Tolbert attended the ceremony at the local guard and presented the proclamation to the local chapter. They also heard from the guard on some of the wonderful opportunities available to young people and the things they are trying to call everyone's attention to during National Guard Support Week. It is a 3 week recruiting effort. The National Guard has up to $31,000 in college money available to young men and women who are interested in joining the guard and receiving full benefits while they are in college for a full four year degree. On motion of Mr. Mulokey, seconded by Mr. Clem, the special meeting minutes of April 10, 1990 and the regular meeting minutes of April 10, 1990, were approved as written. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball Petitioners Mr. Minor said that the design for the upgrade and expansion of the Wastewater Treatment Plant (WWTP) is one of the most important projects that Leesburg has been involved with in the past 18 months and will continue to be involved in for the next 3 to 4 years. Mr. Shoemaker presented to the Council a 1990 supplement to the town's 201 Facilities Plan for the WWTP which is a culmination of 7 months of work on the preliminary design for the upgrade and expansion of the plant. He introduced Ms. Liliana Morales, project manager with CH2M Hill and Mr. Dick Dyne also with CH2M Hill. Ms. Morales briefed the Council and public on the process that took place over the past 7 months. We have worked very closely with town staff, as well as with the State Water Control Board (SWCB) and the Virginia Health Department. The costs of thi.~ project are preliminary and will be updated until the time the project is advertised for bid. The construction costs are estimated to be $25 million, in addition there is an escalation allowance of $1 million included and a contingency allowance of $1.3 million. The total project is estimated to cost $27 million. Also land will have to be acquired 140 Minutes of May 8, 1990 for the emergency storage facilities. The cost of that land is unknown at this point. The engineering costs for the final design and construction of the project are also undefined at this point, as well as any administrative and legal issues. Contract documents should be ready in March of next year. The project is estimated to take approximately 33 months. It is estimated that the upgraded plant will be operational by March 1994. Mr. Lovin asked how much the upgrade would have cost if the town had to come under the AWT standards. Mr. Shoemaker said that the AWT plant would cost $55 million for a 5.0 MGD plant. At this point, the price could escalate up to as much as $80 million. There were no other petitioners. Public Hearing. Rezoning Application #ZM-114 by Georgelas & Sons, Inc. Mr. Minor said that the town has conducted two pre-public hearing presentations on this rezoning. Ms. Imhoff said that this was a request to rezone 71.8 acres from County R-1 to Town R-1. The proposed zoning is for proffered R-4. The applicant is seeking 2 dwelling units per acre. The Planning Commission on February 22, 1990, recommended denial for a variety of reasons. The Town Plan designates this area for low density, single family residential. A range of 2 to 3 dwelling units per acre. Currently, the proposed minimum lot size for this property is 10,000 square feet with a maximum lot size of 56,000 square feet. The applicant has agreed to limit development of this property to 144 single family lots. The applicant has proffered to require a 20 foot side yard setback on a corner lot situation. The applicant has proffered a 50 foot parcel of land between the end points of Pershing and Wilson that will be dedicated to the town for future fire and rescue access. Offsite traffic impacts created by this development is a concern. The'applicant is proffering a $1000 per lot to be contributed to the town for off-site traffic and road improvements. With regard to environmental issues, the developer will be responsible for applying 'for any necessary wetland permits prior to commencing construction. The applicant has proffered a 50 foot scenic setback along Old Waterford Road. A 5.6 acre area has been reserved as a future wet pond for stormwater management. The applicant has proffered $100 per lot for fire and rescue impacts and has proffered $250.00 per lot for Ida Lee Park. The revised proffers, submitted on May 7, 1990, have not been review by the Town Attorney or the Director of Engineering and Public Works. Mr. Tony Georgelas, with Georgelas & Sons, Inc., the applicant and owner of the property associated with this application, addressed the Council. He distributed to the Council, two volumes of books which contain pertinent information and correspondence as it relates to this application. With him, this evening, Mr. Georgelas introduced Mr. Leonard Shapiro with the New Life Group, Mr. Eric Zicht with Land Services Group, Mr. Cary Vic with Callow Associates and Mr. Jack Williams with Paciulli & Associates and the president of Georgelas & Sons, Mr. Ted Georgelas. Mr. Georgelas described the location of the site. The site provides a smooth transition from the existing smaller town lots to the proposed larger lots. Leesburg's Land Use Policy Map designates this site as 2 to 3 units per acre, with the potential of 4 provided certain criteria is met, and has been given this designation for the past 8 years. The applicant is here tonight to request 2 units per acre with a total of 144 lots. We believe that our plan and proffers along with the existing conditions as modified by the proffers warrants this request and meets the town objectives. We also believe that our proffers are consistent with other rezonings in the Town of Leesburg. Mr. Jim Seymour, the project manager addressed some of the specific characters of the site. The Planning Commission denied this plan for three main reasons. They were; environmental features, traffic circulation impacts and no mitigation and existing neighborhood's intrusion upon them. He reviewed some plans with the Council and the public that shows the proposed project. The plan does contain a proffer for tree preservation at the preliminary plat stage. We have included proffers to the effect that we will comply with all federal requirements concerning wetlands. A type 2 geotechnical study was done on the property and indicated suitability for development. Scenic easements have been provided along Old Waterford Road. There will be a homeowners association and the architecturals, square footage of houses, etc., will be addressed in the covenants. The project also contains a boundary line adjustment with the Loudoun Country Day School, there will be a 100' foot setback from the school. An excess of five acres has been reserved for stormwater management, which is more than adequate to handle any increased stormwater runoff. We have dedicated approximately 400 feet to be used for ingress and egress for emergency vehicles on Pershing and Wilson. Mr. Cary Vic, Senior Vice President with Callow & Associates, a transportation consulting firm, addressed the Council concerning the traffic study. A traffic study has been conducted for this site and that study has been submitted to the staff. The basic cross section of Fairview Street has adequate capacity to handle the added traffic. The 144 homes will generate, based on national averages, about 1400 trips per day - in and out. Approximately 75% of the trips will be toward Market Street and the remaining 25% will be headed toward Old Waterford Road. One main concern is the intersection of Market Street and Fairview. Right now that intersection does not warrant a signal. If no development happens on the proposed site, within 2 to 3 years there will be a need for a signal at that intersection. There is currently, in the Town's CIP, funds for installing a signal at this location. With the signal at this intersection along with the added traffic, the added traffic will have little adverse impact on the level of service - it will not change the level grade of service. We are projecting a level service of C, with our without the development in this area. The m~jority of traffic will be using Old Waterford Road and Market Street. Our study has shown is there is adequate capacity. 141 Minutes of May 8, 1990 Mr. Clem asked how many days Callow & Associates ran the traffic study. Mr. Vic replied a total of four days. Two week days and two weekend days on both Market Street and Old Waterford Road. The study counted all traffic within a 72 hour period. There is a factor included in the capacity analysis for trucks and buses. Mr. Clem is concerned with the loss that could exist with a school bus. Mr. Mulokey asked if the traffic study included the impact of a library and Ida Lee Park, generating flow. Mr. Vic answered yes - both a reassignment of traffic and a percentage increase of traffic by 10% was done. It is very difficult to make accurate projections when a new route was opened. Mr. Lovin asked if an impact" with the horse facility on Morven Park Road, would occur. Mr. Vic said that the veterinarian at the horse center was interviewed and received his average patient count per year. This information was also included in the traffic count. Mr. Seymour dosed by stating that Fairview Street extended through the Georgelas property to Old Waterford Road is part of the town's planned transportation network and will be implemented with this subdivision. No lots will be fronting on it. The proposed bike trail within the subdivision will provide a safe pedestrian access to Ida Lee Park and the proposed library. Mrs. Boonie Henry, a resident of 29 Phillips Drive, addressed the Council with regard to the public hearing. Mrs. Henry read a statement which is made a part of the record and is attached to this set of minutes. She asked the Council to vote against this application. Mr. Ed Maurer., Executive Director of the Westmoreland Davis Memorial Foundation, addressed the Council. He stated that the foundation owns and operates Morven Park which is adjacent to this property. He is hear tonight at the direction of the Board of Trustees of the foundation and Dr. Fregin of the Marion DuPont Scott Equine Medical Center at Morven Park. While we welcome certain agreements made by the applicant that addresses various concerns of the foundation that were previously communicated to the town staff and Planning Commission, we oppose any increase in density for this project. This particular tract is a transition area from urban to rural and should remain that way with no increase in density. We urge you to deny this application. Mr. William Henry, a resident of 29 Phillips Drive, addressed the Council with regard to the Georgelas rezoning application. Mr. Henry read a statement which is made a part of the official record and is attached to this set of minutes. He requested the Council to deny this rezoning request. Mr. Thomas A. Muir, a resident of 11673 Post Mill Lane, Reston, Virginia, addressed the Council regarding the proposed Georgelas rezoning. He read a statement which is made a part of the official record and is attached to this set of minutes. Mr. Muir also gave a brief slide presentation on wetlands. It is Mr. Muir's recommendation that the Council deny this rezoning. Mr. Bill Jennings, a resident of 1 Phillips Drive, addressed the Council with regard to the proposed Georgelas rezoning. He read a statement which is made a part of the official record and is attached to this set of minutes. He urged the Council to vote against this rezoning. 'Mr. Dan Baker, a resident of 201 Ayrlee Avenue, addressed the Council. He hoped that the Council would also deny this request as did the Planning Commission in February. The reference, to Ayrlee not having traffic, made by the applicant, is out of line. A traffic study would never show that. Mr. Baker teaches Driver Education for Loudoun County and said that there are certain intersections in town that he cannot take his students through at certain times during the day. The intersection of Fairview and Market Street is one of them early in the morning. Doubling the density in this proposed project would create more problems then we can handle. A traffic light will not solve all of the problems. He hopes that the Council will vote against this rezoning and asked when a Council decision is expected. Mayor Sevila said that this application will be referred to the Planning and Zoning Committee of June 6, 1990, for further consideration. This matter can last anywhere from 30 to 60 days. Mr. Raymond Nance, a resident of 239 Fairview Street and Head Master of the Loudoun Country Day School, addressed the Council. He said that the Board of Directors of the school has been following the process of this development with great interest for several years. It has been clear from the start that the school would prefer for this land not to be developed. However, we realize that the property is a prime area for development and the highest and best use of the land is for reasonable residential use. When the Georgelas company bought the land and proposed a residential development of one house to the acre, the school believed that such a development would be in keeping with our goals and would ultimately be an asset to the school. We also found that the people with the Georgelas company were concerned about the welfare of the school and were eager to cooperate with us in protecting the schools best interest. Because of the long delay in plan approval and the high cost of real estate in this area, that plan is no longer a possibility. We are now faced with the prospect of twice the density. Concerns were raised about the impact with the development on the community particularly in the area of increased traffic on the streets that would serve the development and environmental impact. The concerns raised by the neighbors are legitimate ones. We believe the Georgelas company is willing to work with the Town of Leesburg and the neighborhood affected by the development and the school for the best interest for all part/es involved. While we are unable to enthusiastically endorse the rezoning application we are willing to accept it as long as the issues of transportation, safety, street improvements and environmental impact and quality of life are not ignored 142 Minutes of May 8, 1990 by either the town or the developers. We have found the Georgelas company to be very cooperative in our discussions with them and we feel at this point in the history of the town, their proposal merits consideration and we hope that a suitable agreement could be worked out by all parties involved. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of fourteen days. He wished to commend the speakers on their outstanding quality of public comment. The comments are helpful and will be very useful to staff as the deliberations proceed. On motion of Mrs. Forester, seconded by Mr. Lovin, this matter was referred to the Planning and Zoning Committee of June 6, 1990, 5:00 p.m., at the School Board annex, 102 North Street, Leesburg. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball Councilmember Comments Mr. Mulokey congratulated Mr. Clem, Mrs. Bange and Mr. Webb for their election to the Town Council. They are fine people and I am sure that they will do a wonderful job for Leesburg. Mr. Mulokey thanked all the citizens who supported his candidacy. Mr. Lovin thanked the town for the invitation to the Arbor Day celebration. Last week Mr. Lovin attended the Loudoun County Chamber of Commerce Valor Awards Luncheon. He wished to commend Officer Doug Hickman with the Leesburg Police Department, Loudoun County Rescue Squad and the Leesburg Voluntary Fire Company 1. Mr. Clem thanked Mr. Minor for preparing the food at the Arbor Day celebration. It was excellent. He said that Officer Hickman and Mr. Butler were most deserving of their awards. He noted that the fire company received a citation for not missing a call for the entire year, which is quite an achievement. Blair Forester, while employed by the county as a dispatcher, talked a lady through her sons drowning while she was waiting for an ambulance to arrive. He thanked the citizens of Leesburg for their support in the election. Mrs. Forester had the opportunity to also attend the Arbor Day celebration. It was a great family day and she looks forward to future Arbor Days in Leesburg. She attended a landscape class that was offered through Leesburg's Parks and Recreation Department. It was an enjoyable two hour Mass on landscape design and ideas. She encourages citizens of Leesburg to take advantage of the classes offered through the town. She noted that this was National Teacher Appreciation Week. Mr. Tolbert congratulated Mr. Clem, Mrs. Bange and Mr. Webb for their election to the town Council and wished them the best of luck. He thanked all the citizens who voted for him. He has been in Leesburg for 59 years and has donated most of his time to community service work. He has been a member of the Leesburg Town Council for 14 years and never missed a meeting. He then read a poem. Mayor's Report Mayor Sevila read the following proclamations: PROCLAMATION MUNICIPAL CLERK'S WEEK WHEREAS, the office of the Municipal Clerk, a time-honored and vital part of local government exists in countries throughout the world; and WHEREAS, this office consistently and efficiently serves its local legislative body, the municipal staff, and the general public by recording the actions of the Council, and committees; maintaining them for reference and inspection; and preserving them for the historical continuity that can be passed to future municipal officials and staff members; and WHEREAS, this office most often performs one or more additional important functions, including election administration, records administration and general administrative services; and WHEREAS, the Municipal Clerk and his or her staff have, through dedicated effort and a sense of professionalism, continuously updated their skills and technical knowledge to prepare for the challenges of the 1990's; and WHEREAS, it is appropriate that we recognize the accomplishments of this office and call the 143 Minutes of May 8, 1990 public's attention to the many services that it performs: NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Leesburg does hereby recognize the week of May 6 - 12, 1990, to be Municipal Clerk's Week in full recognition of the Municipal Clerk's outstanding contribution and dedication to public service for the community. PROCLAMATION KEEPING AMERICA'S HERITAGE ALIVE WI-YEREAS, "Keeping America's Heritage Alive" is the theme for Historic Preservation Week 1990, cosponsored by the National Trust for Historic Preservation and the Town of Leesburg; and WHEREAS, Historic preservation gives Americans a deeper understanding of their richly diverse architectural and cultural heritage; and WHEREAS, Historic preservation promotes local community pride in America's towns, cities and rural areas; and WHEREAS, Historic Preservation Week provides an opportunity for all Americans to celebrate the protection of our nation's treasures: NOW, THEREFORE, I, Robert E. Sevila, Mayor of the Town of Leesburg in Virginia do hereby proclaim May 13-19, 1990 as HISTORIC PRESERVATION WEEK and call upon the people of the Town of Leesburg to recognize and participate in this special observance by continued efforts for the preservation of our Old and Historic District. Mayor Sevila noted two resolutions adopted by the General Assembly which call for distribution to counties, cities and towns. One resolution calls for the participation by effected municipalities to participate and support in the subregional transportation plan. The town is participating to the fullest extent. The second resolution adopted by the Senate in the House of Delegates concurring that the General Assembly urges local governing bodies to prohibit in their zoning ordinances construction for residential and institutional use beneath or adjacent to airport approach zones. Mayor Sevila asked Mr. Minor to make sure that the town is in full conformity with the spirit of this resolution. He is sure that the town is. He had the pleasure of spending an hour with Attorney General Mary Sue Terry who was in Leesburg visiting the new jail facility. She was very impressed with the scale of economic development occurring in the town. Manager's Report Mr. Minor noted that the Council did receive a copy of the written Activity Report on Monday. He reported that John Johnson has accepted the Aquatics Supervisor position. Ms. Teresa Simmers will be in charge of the recreational programs for Ida Lee Park and is well experienced in this field. The combination of John and Teresa is going to be very strong for the town and will get us off on the right foot in this important project. Also Lee Phillips has accepted the position of Chief of Current Planning. This is the first time we have promoted someone from the inside to this position. Lee has a lot of experience with the town and the county. Mayor Sevila said that he received a letter from the Virginia Municipal League acknowledging receipt of the application the town filed to be considered as part of their awards program. There were over 110 applications for awards, three of which go to municipalities. LeRislation On motion of Mr. Clem, seconded by Mr. Tolbert, the following ordinance and resolutions were proposed as consent items and unanimously adopted. 90-0-14 - ORDINANCE - AMENDING SECTION 2-92 OF THE TOWN CODE REGARDING THE ENVIRONMENTAL ADVISORY COMMISSION WHEREAS, on April 10, 1990, Council appointed three individuals to the Environmental Advisory Commission; and WHEREAS, this Council desires to change the number of members permitted to serve on the Environmental Advisory Commission: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. ARTICLE VIII. ENVIRONMENTAL ADVISORY COMMISSION, Section 2-92 of the Town Code, "Committee established generally", is amended to read as follows: (a) The Leesburg Environmental Advisory Commission is hereby established. ~ ..... ~ T .... ~ The commission shall consist of no lc~ t?-n up to ten members. The council shall appoint Minutes of May 8, 1990 all members who shall be residents of the town, ~_.~* ....... ~ ......... j __._.~- .... ....... ~*~ a *~_ .... c~;.~ng --~^-" ~ .... *~ *~ rc~;-Sc~cy ..... ; ..... *~ ^~ *~; .... *;^~ The council shall appoint one of its members to the commission whose term of office shall correspond to this official tenure of office as a councilmember. Members al:~Cin~d-----~r+~ ~---r .... ~,~ __~ a~a shall serve for terms of two years. (b) The commission shall elect its chairman annually. The commission shall elect annually the officers it deems necessary. The commission shall meet monthly or more often as necessary upon the call of the chairman or two or more members. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in full force and effect upon its passage. 90-82 - RESOLUTION - COMMENTING ON COUNTY REZONING APPLICATION ZM-MAP 89-45, "ANDEN/SPRING LAKES" WHEREAS, the Anden Group of Alexandria, Virginia has submitted rezoning application ZM- MAP 89-45 to the Loudoun County Planning Commission to rezone approximately 221.90 acres from County A-3 to PDH-24 and a maximum proposal of 2.42 dwelling units per acre; and WHEREAS, this property is located within the Leesburg Area Management Plan (LAMP) area and is accordingly governed by the Annexation Area Development Policies (AADPs); and WHEREAS, the AADPs provide for town review and comment of applications within the LAMP area and prohibit the extension of central water and sewer extensions to this area, unless agreed to by the town and county or as necessary to meet public health needs; and WHEREAS, this proposed rezoning does not presently conform to the AADPs, LAMP and Resource Management Plan; and WHEREAS, the Loudoun County Planning Commission is processing this rezoning application in advance of their work underway to develop a General Plan for the county; and WHEREAS, the Town of Leesburg, under the AADPs', is authorized to consider annexation petitions or to initiate by ordinance annexations after January 1, 1994; and WHEREAS, approval of this rezoning prior to 1994 and in advance of the county's underlying planning documents would be premature and not in the best interest of the citizens of Leesburg and Loudoun County; and WHEREAS, this Council recognizes that this area may be appropriate for future development at a similar scale as proposed in the current rezoning proposal; and WHEREAS, this Council has reviewed a report, dated April 27, 1990, from the Leesburg Department of Planning, Zoning and Development which evaluates and analyzes the proposed application. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The staff comments dated April 27, 1990, concerning the proposed Anden/Spring Lakes ZMAP 89-45 rezoning application are endorsed and the manager is directed to transmit a copy of these comments and this resolution to the Loudoun County Planning Commission and applicant. SECTION II. The Loudoun County Planning Commission is encouraged to consider future land use changes in the Spring Lakes area as well as others within the LAMP area to reflect a more urban development pattern, as part of the preparation of the Loudoun County General Plan and any future area plan modifications. 90-83 - RESOLUTION JOINT RESOLUTION OF LOUDOUN COUNTY IN VIRGINIA AND THE TOWN OF LEESBURG IN VIRGINIA A JOINT RESOLUTION: MODIFYING THE ANNEXATION AREA DEVELOPMENT POLICIES, ADOPTING A BOUNDARY LINE ADJUSTMENT AGREEMENT AND AUTHORIZING PUBLICATION OF A REVISED CORPORATE BOUNDARY FOR THE TOWN OF LEESBURG, VIRGINIA WHEREAS, the Board of Supervisors of Loudoun County, Virginia (the "Board"), and the Town Council of the Town of Leesburg, Virginia (the "Council"), have agreed to consider development proposals in accordance with the policies, standards and guidelines set forth in the Annexation Area Development Policies which are a part of the Annexation Area Development Policies which are a part of the Annexation Agreement and Order of Annexation entered on October 11, 1983; and WHEREAS, the owner of the tract of land known as the Edwards Landing property desires to bring the entire tract within the town limits in order that the Edwards Landing development proposal 145 Minutes of May 8, 1990 (ZM-109) be considered under the regulations of the town; and WHEREAS, the Joint Policy Committee of the Board and Council have reviewed the proposed development and have determined that it is appropriate to bring the entire tract within the town limits for the purpose of considering the Edwards Landing development proposal as set forth in Section III herein; and WHEREAS, the Joint Policy Committee has recommended that the Annexation Area Development Policies be modified to incorporate the changes set forth herein; and WHEREAS, the Council and the County agree that modifications recommended by the Joint Policy Committee are appropriate in light of the landowner's expressed willingness to protect and preserve the environmentally significant lands on the Edwards Landing property by the dedication of these lands to the Town of Leesburg to be maintained as open space as a public park site for passive recreation, a limitation on further subdivision, and a maximum density. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Loudoun County, Virginia and the Town of Leesburg, Virginia as follows: SECTION I. The Boundary Line Adjustment Agreement set forth in Attachment 1 to this resolution is hereby approved. The Mayor is authorized to execute said agreement on behalf of the Town and the Chairman of the Board of Supervisors is authorized to execute said agreement on behalf of the County. SECTION II. A description of the revised boundary line between the Town and County as generally depicted on Attachment 2 shall be published at least once a week for two consecutive weeks in the Loudoun Times-Mirror and the cost for said publication shall be paid by the Town of Leesburg pursuant to Section 15.1-1031.2 of the Code of Virginia, as amended. SECTION III. The Annexation Area Development Policies are amended to incorporate the following changes: The total 32 acres, more or less, incorporated herein into the Town from the County shall be limited to a density of a maximum of four large lots and a portion of 12 lots as generally shown on the Concept Development plan prepared by Patton, Harris, Rust and Associates, dated March, 1990, (hereinafter "Concept Development Plan"). Bo Approximately 31.63 acres, including a 100 foot buffer strip between the proposed pump station and the County boundary along the southeast property line, shall be dedicated to the Town of Leesburg, Virginia on or before the 31st day after approval by the town of ZM-109 to Zoning District PRN, as proffered. Said areas shall be maintained as open space as a public park site for passive recreation. Development of said areas shall be coordinated with the Northern Virginia Regional Park Authority for the location and installation of the Potomac Heritage Trail. The said 32 acres, more or less, and the 100 foot buffer strip shall not be further subdivided, except as set forth on the Concept Development Plan. Do The owner and/or developer of the property shall design and construct all on-site stormwater management facilities in accordance with the Town of Leesburg Design and Construction Standards Manual, the Virginia Erosion and Sediment Control Handbook and the "Runoff Controls~ section of the Virginia Urban Best Management Practices Handbook and as determined by the Director of Engineering for the Town. SECTION IV. Publication of a revised corporate boundary for the Town of Leesburg in Virginia is hereby authorized. 90-84 - RESOLUTION - AUTHORIZING A CONTRACT WITH LEESBURG FORD, INC. FOR PROCUREMENT OF A ONE TON FLATBED TRUCK WITH LIFT GATE WHEREAS, the Town of Leesburg duly advertised and received bids on April 20, 1990 from three equipment suppliers to provide a one ton flatbed truck with lift gate in accordance with published specifications and pursuant to State and local procurement laws; and WHEREAS, the lowest responsive and responsible bidder for the one ton flatbed truck with lift gate was Leesburg Ford, Inc., in the amount of $15,615.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized and directed to issue a standard purchase order to Leesburg Ford, Inc., in the amount of $15,615.00 for the purchase of a 1990 one ton flatbed truck with lift gate. 90-85 - RESOLUTION - AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO VIRGINIA POWER FOR UNDERGROUND ELECTRIC SERVICE TO THE MUNICIPAL GOVERNMENT CENTER PARKING STRUCTURE WHEREAS, an easement is required by Virginia Power to route underground electric service to the Municipal Government Center Parking Structure and other structures adjacent to the Parking Minutes of May 8, 1990 Facility; and WHEREAS, it is necessary to provide electric service to these facilities; and WHEREAS, the routing of the underground power line is in conformance with the approved construction drawings and does not conflict with other utilities: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An easement for underground electric service within the Municipal Government Center site is hereby approved and the Mayor is authorized to sign the easement agreement. 90-86 - RESOLUTION - AUTHORIZING A CONTRACT WITH ALBERT J. ANDERSEN, INC., FOR INSTALLATION OF SLUDGE COLLECTORS FOR THE POTOMAC RIVER WATER TREATMENT PLANT WI4_E~, the adopted FY 90 budget included an appropriation of $188,000.00 to utility fund account 3130.700.190.300, for the installation of sludge collectors and various other equipment items necessary in expansion of the Potomac River Water Treatment Plant; and WHEREAS, it has been determined that Albert J. Andersen, Inc., of Fairfax, Va., was the lowest responsive and responsible bidder in the amount of $38,000.00 for the installation of a sludge collection system in response to a request for sealed competitive bids dated March 16, 1990. THEREFORE, RESOLVED by the council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby author{zed and directed to enter into a contract on behalf of the town, in a form approved by the town attorney with Albert J. Andersen, Inc., in the amount of $38,000.00 for installation of sludge collector mechanisms at the Potomac River Water Treatment Plant. 90-87 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION IN TAVISTOCK FARMS SECTION 7 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Tavistock Farms Section 7 and certified that the value of work performed exceeds $1,600,000.00; and WHEREAS, an irrevocable letter of credit from Perpetual Savings Bank, FSB in the amount of $2,000,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements in Tavistock Farms Section 7. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from Perpetual Savings Bank, FSB in the amount of $2,000,000.00 is reduced to $400,000.00. SECTION II. The Town Manager shall notify the developer that liability for the irrevocable 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 Tavistock Farms Section 7. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING NONCONFORMING LOTS Mr. Minor said that staff received a confidential legal memorandum from our attorneys. On motion of Mrs. Forester, seconded by Mr. Clem, item 10. (b) on the agenda - "Initiating an amendment to the Leesburg Zoning Ordinance regarding nonconforming lots", was referred to the Planning and Zoning Committee of May 16, 1990, for further consideration. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball New Business On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 90-88 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF OLD TOWNE JOINT VENTURE FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Minutes of May 8, 1990 The application of Old Towne Joint Venture for revision of the Zoning District Map (~ZM-118) to rezone 1.5 acres of land located south of the Old Towne Apartments and east of Dry Mill Road from F-1 to B-1 and .01 acres from B-1 to F-I, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.12 of the 1950 Code of Virginia, as amended. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball On motion of Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 90-89 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR SE-90-1 BY SECCOMBE RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: A Notice of Public Heating to consider rezoning application SE-90-1 by Seccombe shall be published in the Loudoun Times-Mirror on May 24, 1990 and May 31, 1990, for public hearing on Wednesday, June 13, 1990, at 7:30 p.m., in the Loudoun County School Board Annex, located at 102 North Street, N.W., Leesburg, Virginia 22075. Ms. Imhoff described the property located at 102 Cornwall Street and said this is a request to convert a portion of the existing garage to an accessory dwelling. The Planning Commission will make a recommendation to the Council. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball Mrs. Forester made the following motion: Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Town Council of the Town of Leesburg 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 related to vacancies on the Planning Commission and the Board of Architectural Review. The motion was seconded by Mr. Tolbert. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball Mrs. Forester made the following motion: I move that the Executive Session be adjourned, that the Town Council of the Town of Leesburg reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. The meeting was reconvened at 10:49 p.m. The motion was seconded by Mr. Tolbert. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent~ Kimball Mrs. Forester made the following motion: I move that the Resolution Certifying the Executive Session be adopted and reflected in the minutes of the public meeting. The motion was seconded by Mr. Mulokey. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball 90-90 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF MAY 8, 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 Minutes of May 8, 1990 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. Mayor Sevila reported that the Council will not take any action with respect to the vacancy on the Board of Architectural Review. On motion of Mr. Lovin, seconded by Mr. Clem, advertisements will be placed accordingly for the BAR vacancy and to select a date a~ to when the interviews might be held. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball On motion of Mr. Lovin, seconded by Mr. Tolbert, Robert Altland is appointed to fill the vacancy that exists on the Planning Commission. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball On motion of, and duly seconded, the following resolution was proposed and unanimously adopted. 90-91 - RESOLUTION - APPOINTING ROBERT ALTLAND TO THE LEESBURG PLANNING COMMISSION WHEREAS, a vacancy exists on the Leesburg Planning Commission due to the expired term of Marvin Belles. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Mr. Robert Altland is appointed to the Leesburg Planning Commission for a term ending December 31, 1991. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None Absent: Kimball On motion of Mr. Lovin, seconded by Mr. Mulokey, the meeting was adjourned. Clerk of Codncil / ~