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HomeMy Public PortalAbout1988_05_11 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL,: MAY 11, 1988 35/ A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, on May 11, 1988, at 7: 30 P.M. The meeting was called to order by Mayor Robert E. Sevila with the invocation given by Mr. Tolbert, followed by the Salute to the Flag led by Councilmember Clem. Present were Vice-Mayor Charles Williams; Councilmembers James E. Clem, Arl Curry; Hunter Leach; and John Tolbert, Jr. Councilmember Brian Kelley was absent. Planning Commissioners present were Chairman William Webb, Marvin Belles, Carl Johnson, Mervin Jackson, Reginald Gheen and Arl Curry. Staff members present were Town Manager Jeffrey H. Minor; Assistant Town Manager Steven Brown; Director of Finance Paul York; Director of Planning, Zoning and Development Martha Mason- Semmes; Director of Engineering and Public Works Tom Mason; and Deputy Town Attorney Deborah Welsh. On motion by Mr. Tolbert, seconded by Mr. Williams, it was recommended that the minutes of the regular meeting of January 13, 1988, be approved as submitted. Aye: Councilmembers Clem, Curry, Leach, Tolbert, Williams and Mayor Sevila • Nay: None PETITIONERS Mickey Finn, representing the Kiwanis Club of Goose Creek, handed out a short report on the status of the Memorial Day ceremonies and also a budget as requested by Council. He highlighted specific events to occur during these ceremonies. Mike Rich, 313 Edwards Ferry Road, N.E. , handed out a packet regard- ing a matter he and his neighbors were concerned about. In the packet there were approximately 20 pictures of the 'area to the rear of their prop- erties on Edwards Ferry Road, along with a chronology of events to date -- all concerning the parking of illegal vehicles by Leesburg Subaru behind their residences along the south side of Edwards Ferry Road. There were three letters from neighbors expressing concerns. they have about zoning and the enforcement of the zoning ordinances and two other letters -- one from Mr. Rich to the town on March 25 and one from the town to him dated May 6. Mr. Rich read into the record a statement on behalf of concerned citi- zens with regard to a meeting held on Sunday, May 8, with twenty-two con- cerned families present. They were concerned with the lack of enforcement • of the zoning laws in the northeast quadrant of the Town of Leesburg more specifically along Edwards Ferry Road, N.E. They would like the TOlin Council, the town zoning administrator, and the town attorneys to vigorous- ly enforce the law. The following violations were discussed -- grading of commercial property that causes flooding of residential lots, improper screening, lack of screening, improper lighting, lack of proper paving, illegal use of commercial properties, illegal use of residential proper- ties, lack of mowing and maintenance, improper dust control, and no noise control. The residents of the Edwards Ferry Road northeast area asked the Town Council to please enforce the law, to act now. Mayor Sevila advised that this enforcement proceeding is in court. Mr. Rich replied that there had been a hearing this afternoon in front of Judge Chamblin to initially come up with a new hearing date. The judges in this circuit have excused themselves from the case because the issue involved borders Mr. Howard's property, the Clerk of the Court, and they felt they should not hear this. At .the same time, they allowed the stay which had been in place since ten days after the BZA hearing to expire so, at the present time, Mr. Cohen is in violation of the ordinance. Mayor Sevila said there was one other Edwards Ycrry Road violation on which a number of residents had filed a petition. Mr. Minor replied he has seen it -- Conlon is in the process of preparing correspondence. The following Proclamation was read into the minutes by Mayor Sevila: PROCLAMATION WHEREAS, THE Loudoun Toastmasters Club is dedicated to better listen- ing, speaking and thinking through an organized program of skills develop- ment and participation; are', Mg' MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 WHEREAS, the Loudoun Toastmasters Club represents a community resource to build communication and leadership skills; and WHEREAS, the Loudoun Toastmasters Club is celebrating the second anni- versary of the club's founding during the month of May with a special ban- quet to be held at the Silo Restaurant on May 19, 1988: THEREFORE, BE IT RESOLVED that I, Robert E. Sevila, Mayor of the Town of Leesburg in Virginia, hereby proclaim the week of May 15 - 22, 1988 as LOUDOUN TOASTMASTERS WEEK in the Town of Leesburg, and request all citizens and all community organ- izations to join in this observance. 11/1 IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Leesburg to be affixed this 11th day of May, 1988. 88-85 - RESOLUTION - WISHING COUNCILMEMBER BRIAN T. KELLEY A SPEEDY AND COMPLETE RECOVERY The following resolution was read into the minutes by Mayor Sevila: WHEREAS, Councilmember Brian T. Kelley, Chairman of the Utility and Public Works Committee of the Council, suffered a recent heart attack; and WHEREAS, Councilmember Kelley has served this town with distinction on the Council during the past four years and has been instrumental in many important town programs and initiatives; and WHEREAS, Mr. Kelley's recuperation may require him to1miss some Council and committee meetings; and WHEREAS, Mr. Kelley has many personal friends on the Council; and WHEREAS, Councilmember Kelley's return to full participation in Council activities will be a benefit to the citizens of the Town of Leesburg: II/ THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor and members of the Leesburg Town Council wish Councilmember Brian T. Kelley a full and speedy recovery from his heart attack and are encouraged by the excellent progress of his recuperation to date. JOINT PUBLIC HEARING TO CONSIDER THE DESIGNATION OF "HILLCREST" AS AN INDIVIDUAL HISTORIC LANDMARK Martha Mason-Semmes, Director, Planning, Zoning and Development, explained that Council has recently initiated this rezoning with the full support of the property owners. This property is. located at 330 West Mar- ket Street. The Board of Architectural Review recommended to Council the rezoning of this property to the town's H-1 Historic District. This would designate this property as an historic resource within the town and would al3o place on it the same controls over architectural changes to the proper- ty as are presently applied to our Old and Historic District downtown. The Planning Commission has not formally considered this particular request to date. Tom Jewell, one of the owners of Hillcrest, explained briefly the property has recently been placed on both the Virginia and National Historic Registers. The Virginia Division of Historic Landmarks termed the property II/as the most architecturally distinguished turn-of-the-century dwelling in the Town of Leesburg; the house and associated out buildings, all in a nearly perfect state of preservation, represent a rare surviving turn-of- the-century complex of urban domestic bui-ldings; the house is without rival for sophistication of design in the Leesburg area; and the property remains one of the best preserved examples of turn-of-the-century architecture in Loudoun County. Hillcrest is a striking example of what should be pre- served in the Town of Leesburg. We should protect and progress -- Hillcrest has been recognized as a treasure worth being preserved by oth- ers. William McDonald spoke in opposition of this matter -- saying Hillcrest should not be designated as an historic landmark. He wanted 353 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 members of Council to go back and read the early ordinance which clearly states that the purpose of this ordinance is to define and protect the Town of Leesburg as it existed in 1878. He did not want the historic district moved around -- he wanted the historic district left as is. The public hearing was closed. On motion by Mr. Williams, seconded by Mr. Tolbert, Council voted to refer this matter back to the Finance and Administration Committee on May 31 for further consideration. Aye: Councilmembers Clem, Curry, Leach, Tolbert, Williams and Mayor Sevila I I/ Nay: None Mayor Sevila reminded the public if they want to submit their comments in writing, the record will remain open for a period of ten days to receive any written comments relating to this application. PUBLIC HEARING ON REZONING APPLICATION //ZM-82 BY CHARLES B. DELASHMUTT AND ANN ENGLE Martha Mason-Semmes, Director of Planning, Zoning and Development, explained the property for this rezoning is located in the southeast quad- rant of the Bypass/Sycolin Road intersection. This property was considered for rezoning to the Planned Development Commercial Highway District. It allows a variety of commercial uses designed to be oriented towards a high- way location. The Planning Commission has recommended approval of this application following a number of concessions by the property owner to reduce the density of the proposed development. We do have a revised con- cept plan that shows two office retail buildings on this site. Proffers have been submitted to limit the specific uses that are normally permitted in the PDCH district. The staff had recommended denial of this application because they felt that, if surrounded by a residential area, access to the Bypass in the future is uncertain. The typography of the site is fairly difficult and they felt within the current zoning category there are a number of other than single-family residential uses. The current zoning is County R-1 but there are a number of alternative uses of the property that would be available through the special exception process which they felt were economically viable and more compatible with the residential develop- ment proposed on either side of this property. Woody Turner, representing the applicant, spoke briefly saying the application has been around for approximately two years and this represents a compromise between what the applicant would liked to have had on the property and what the staff wanted to see there. He said proffers have been submitted addressing the concerns that the Planning Commission stated and the proffers facilitate the changes that might be required on the By- pass. The public hearing was closed at this time. On motion by Mr. Williams, seconded by Mr. Clem, Council voted to refer this matter back to the Finance and Administration Committee meeting on May 17 for further consideration. Aye: Councilmembers Clem, Curry, Leach, Tolbert, Williams and Mayor Sevila Nay: None Mayor Sevila reminded the public if they want to submit their comments in writing, the record will remain open for a period of ten days to receive any written comment relating to this application. PUBLIC HEARING ON REZONING APPLICATION (/ZM-97 BY NORTH LEE DEVELOPMENT ASSOCIATION LIMITED PARTNERSHIP Mayor Sevila asked Vice-Mayor Williams to chair the remainder of the meeting. Martha Semmes, Director of Planning, Zoning and Development, ex- plained that this property is located at the corner of Edwards Ferry Road and the Bypass in the northeast corner. There has 1 -11. MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 been a major shopping center proposed on about 50 acres of land presently zoned C-1 commercial at that corner. The parcel of land that is the sub- ject of this rezoning is directly north of that site. It does not have direct access to any public street as a parcel in itself, but it is part of a larger tract which includes the shopping center site. The applicant has proposed to rezone this to the PDSC, which is a county shopping center zoning district. The Planning Commission received a draft proffer of $150,000 from the applicants in consideration of this rezoning request. The Planning Commission and staff were very concerned about the impact of the currently proposed shopping center on Edwards Ferry Road and the By- pass. They also took a very close look at the large amount of existing vacant commercial zoning in the immediate vicinity which is approximately 250 acres. The Planning Commission and staff both recommended denial of this application to the Council due to a lack of significant public benefit in rezoning any additional commercial space in that location. Kim Kristoff, general partner and president of Tandem Development Corporation, 6734 Curran Street, McLean, Virginia, explained that the prop- erty has actually been contracted for sale to Pence Friedel and Associates, a McLean developer who has beneficial interest in the ground and proposes to put approximately a 450,000 foot retail center there. The plan proposes approximately how they would use the property. He said he became involved with this piece of property originally assuming that he would seek a ven- ture partner -- one more experienced in retail development than he. The two major issues that lie before him are the apparent oversupply of commer- cial zoning that is not being utilized and the proposed interchange. He said what he is suggesting to the town is that the $150,000 that his part- nership is willingto give the town acknowledges that they do not have much else they can do. They cannot offer an interchange and they cannot give the town any land -- all they can do is offer some part of the profits they would enjoy. He said he has not heard a definite no -- he just has not heard anything at all. On motion made and duly seconded, Council referred this matter unani- mously to the Finance and Administration Committee on May 17 for further consideration. At this time there was a five minute recess. II/ COUNCILMEMBER COMMENTS Mr. Curry said the Planning Commission met and had one action item that was a re-subdivision of the lot where Tollhouse is to allow for anoth- er lot for a bank. Mr. Williams mentioned the elections were over, the results are in, the votes have been counted, the people have spoken, and we are about to have three new Councilmembers. He recognized Ms. Forester, Mr. Kimball, and Mr. Lovin and congratulated each one. He also mentioned the contribu- tions to the town by the present Councilmembers. MANAGER'S REPORT Mr. Minor reported there had been a Parks and Recreation Commission meeting this week and Mrs. Bange, the newest member, was present. They reviewed the design development drawings for Ida Lee Park gymnasium/aquatic center complex. Wayne Hughes, the architect for the center, was present and went over the drawings with the commission. Also, Bill Neville was there and the master plan for the park was discussed. He also mentioned that the town was making good progress now on the Parks and Recreation Director position. Another personnel item mentioned was concerning the resignation of Susan Sherman, Planner II, to take a similar post in II/Arlington. He said Susan would be greatly missed by everyone. Also related to some of the ongoing building programs -- we received design development drawings for the municipal government center parking complex. They are now under review by engineering and planning depart- ments. This project is moving forward. One, were we have had a setback, which was reported in the activity report is with the public works central warehouse and maintenance facility- adjacent to the Wastewater Treatment Plant. We knew we had some soil difficulty and it has proven to be even more difficult than originally anticipated -- the soils have required us to have a temporary stop work on the job. The architects and soil consultants are evaluating the soils and there will be a solution which will involve a work directive and a change order. The contractor will probably be back to 3-515- MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 work in a week. One thing that is paying off already is the new capital projects representative who has been well versed in these types of projects -- he probably has 30 some years experience in this kind of work and we have found him to be extremely useful on this project. Mr. Minor said a draft letter went out on the historic district that included a survey of the people in certain areas of the town. We have made the letter a little more balanced, a little more detailed and have includ- ed, for your benefit, the brochure that everyone will get. If Council finds this to be acceptable, we will send it out in the next day or two. ' Vice-Mayor Williams said this matter should be discussed at this point. Mr. Leach said his only comment was that it should point out the difference between historic landmark and historic zoning. Mr. Curry questioned whether it covered all the details that we real- ly need to go into for an historic district. Mr. Minor said the one thought the Board of Architectural Review had is that in the letter we could mention that we could set a date sometime in the future that the Board could conduct a public meeting in which recipi- ents of the letter and any others could come and ask questions and make any comments about their interest in this and that would be in conjunction with the actual survey itself. They agreed this would be good to add and then go ahead and send the letter out. LEGISLATION 88-0-13 - ORDINANCE - AMENDING THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING CRITERIA AND PROCEDURES FOR SUBDIVISION PLAT APPROVAL, FEES FOR CERTAIN PLANS, AND THE DEFINITION OF REQUIRED SPECI- FICATIONS On motion by Mr. Tolbert, seconded by Mr. Clem, and after a lengthy explanation by Mr. Minor, the following ordinance was proposed and unani- mously adopted: WHEREAS, comprehensive amendments to the Leesburg Subdivision and Land Development Regulations were initiated by this Council and referred to the Planning Commission for recommendation on July 22, 1987; and WHEREAS, a joint Planning Commission/Council public hearing was held on these amendments on September 23, 1987; and • WHEREAS, the Planning Commission made a number of substantive changes to the draft regulations following the public hearing, including the separa- tion of amendments related to subdivision plats and development plans; and WHEREAS, the Planning Commission on January 7, 1988, recommended to Council approval of that portion of the amendments related to fees for preliminary/final development plans and minor revisions to plans, criteria and procedures for subdivision plat approval, and the definition of "R- equired Specifications"; and WHEREAS, the Council held another public hearing on February 24, 1988, regarding the amendments recommended for approval by the Commission; and WHEREAS, the amendments have been revised to reflect public comment and will improve substantially the standards for review and approval of subdivi- sions within Leesburg: THEREFORE,. ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Subdivision and Land Development Ordinance is hereby amended to revise a portion of Division 1, Section 13-54, all of Division 2, "Subdivision", and the definition of "Required Specifications", in Division 7, "Glossary", by adopting new provisions, entitled "Amendments to Subdivision and Land Development Regulations regarding Fees, Plat Approv- I. 257 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 al, and Definitions," dated May 6, 1988, attached hereto and made a part hereof. SECTION II. The prior Sections 13-54(e) through (i) are hereby recodified to Sections 13-54(g) through (k), respectively. SECTION III. The prior Division 2, "Subdivision", the prior definition of "Required Specifications" contained in Division 7, "Glossary", and all other prior ordinances in conflict herewith are hereby repealed. SECTION IV. If any provision of this Article is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of this Ordinance as a whole or of any remaining provisions of this Ordi- nance. SECTION V. This Ordinance shall be in effect upon its passage. Mr. Curry said he agreed with Mr. Minor that this is very important legislation and is very much needed. Mr. Clem said the Planning Commission worked a long time on this and it was a long time in coming Aye: Councilmembers Clem, Curry, Leach, Tolbert and Vice-Mayor Williams Nay: None 88-0-14 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING TERMINOLOGY, REVIEW PERIODS AND LOT SIZES FOR PLANNED DEVELOPMENTS On motion by Mr. Leach, seconded by Mr. Clem, and after a brief explana- tion by Ms. Semmes, the following resolution was proposed and unanimously adopted: WHEREAS, the Planning Commission at the February 6, 1988, Planning Workshop of the Council, Commission and staff, recommended to Council cer- tain amendments to the planned development provisions of the Zoning Ordi- nance to clarify the terminology, provide for the maximum review periods permitted by State Law and increase the residential lot sizes for planned developments; and WHEREAS, this Council on February 24, 1988, initiated such amendments to the Zoning Ordinance regarding terminology, review periods and lot sizes pertaining to planned developments; and WHEREAS, the Planning Commission and Council held a joint public hear- ing on these amendments on March 23, 1988; and WHEREAS, these amendments are in the best interest of the public health, safety, convenience and welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Article 7B of the Leesburg Zoning Ordinance entitled "Planned Development Regulations" is hereby amended as set forth in the text, "Amendments to the Leesburg Planned Development Regulations," dated May 6, 1988. SECTION II. All prior ordinances in conflict herewith are hereby re- pealed. 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 provi- sions of the Article. SECTION IV. This Ordinance shall be in effect upon its passage. Aye: Councilmembers Clem, Curry, Leach, Tolbert and Vice-Mayor Williams Nay: None 357 . MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 88-0-15 - ORDINANCE - AMENDING THE ZONING DISTRICT MAP FOR REZONING APPLICATION #ZM-92 BY BROWNELL, INC. Martha Mason-Semmes, Director, Planning, Zoning and Development ex- 1 plained that this is a rezoning for 8-acre parcel that is located north of the current Paxton Subdivision which is under construction at the very end of Wildman Street. These are single-family homes. On motion by Mr. Leach, seconded by Mr. Curry, the following ordinance as amended was proposed and unanimously adopted: WHEREAS, the Council on July 22, 1987, referred rezoning application 1/ZM-92 by Brownell, Inc. , to the Planning Commission for public hearing and recommendation; and WHEREAS, the Planning Commission held a public hearing on this applica- tion on September 17, 1987; and WHEREAS, the Planning Commission on October 15, 1987, recommended to Council denial of this application due to a lack of sufficient information to recommend approval within the 90-day time period for Commission action; and WHEREAS, the applicant and the property owner submitted a signed nota- , rized proffer statement on November 25, 1987, prior to the Council public hearing; and WHEREAS, the Council held a public hearing on this application with the written proffer statement on November 25, 1987; and WHEREAS, the applicant submitted revised proffers on May 6, 1988, which address remaining Council concerns regarding this application and which do not increase the intensity of the proposed rezoning; and WHEREAS, this rezoning is in the best interest of the public health, safety, welfare and convenience and good zoning practice: t ' THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from County R-1 to Town R-1 an 8.0012-acre parcel of land located on the north side of the Paxton Subdivision at the north end of Wildman Street and bounded on the north by land of the Paxton Home for Convalescent Children, on the south by land of McCahill and Mur- phy, on the west by land of the Catholic Diocese of Arlington, and on the east by land of Leesburg Joint Venture, as shown on a plat dated June 1987 prepared by Paciulli, Simmons and Associates, Ltd. ; subject, however, to the following conditions proffered in writing by the property owner and applicant in accordance with Section 15. 1-491(a) of the Code of Virginia, as amended: 1. CONCEPT PLAN - The preliminary subdivision plat for the subject property will be in general conformance with the concept plan prepared by Brownell, Inc. , and dated November 10, 1987. 2. TREE PRESERVATION - Any specimen trees on the subject property will be saved provided they do not interfere with construction of roads, utilities and houses. 3. FIRE AND RESCUE CONTRIBUTION - A cash payment in the amount of $200 per dwelling unit will be made to the Town of Leesburg at the time of the issuance of the zoning permit for each dwelling unit. These funds are to be distributed equally to the Leesburg Volun- teer Fire and Volunteer Rescue Squads. No zoning permit shall be issued if this fee is not paid. 4. IDA LEE PARK CONTRIBUTION -- A cash payment in the amount of $150 per dwelling unit will be made to the Town of Leesburg for the development of Ida Lee Park. This payment will be made at the time of the issuance of a zoning permit for each dwelling unit. No zoning permit shall be issued if this fee is not paid. 5. ROAD IMPROVEMENT CONTRIBUTION - A cash payment in the amount of $1,000 per unit will be made to the Town of Leesburg for the con- struction of the public streets system. This payment will be made at the time of the issuance of a zoning permit for each dwelling unit. No zoning permit shall be issued if this fee is not paid. 6. CONSTRUCTION ACCESS - Upon a finding by the Town Manager that construction traffic to the subject property is creating a public Ifj MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 nuisance, all construction traffic shall enter and leave the site through a driveway connection to Route 15 as identified in Zoning Map Amendment ninety six (ZM-96) . SECTION II. This ordinance shall be in effect upon its passage. Aye: Councilmembers Clem, Curry, leach, Tolbert, and Vice-Mayor Williams Nay: None 88-86 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING REAR YARDS IN THE R-3 RESIDEN- TIAL DISTRICT On motion by Mr. Clem, seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the R-3 Residential Zoning District requires a 30-foot rear yard, as opposed to a 20-foot rear yard required for other town single-fami- ly residential districts; and WHEREAS, this 30-foot rear yard requirement has resulted in difficulty in locating second-story decks on the rear of townhouses without encroach- ing upon the rear yard; and WHEREAS, revising the rear yard requirement in the R-3 district from 30 feet to 20 feet in conformance with other town single-family districts will not reduce the minimum lot size requirements for this district; and WHEREAS, this amendment is in the best interest of the public health, safety, welfare and convenience and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to revise Article 4, Section 4-3(f) as follows: 4-3 AREA, SIZE, HEIGHT AND YARD REQUIREMENTS IN THE R-3 DISTRICT: (f) Rear yards shall be at least 38 20 feet deep. SECTION II. The Planning Commission shall conduct a public hearing on this amendment as soon as permitted by law and report its recommendation on the proposed amendment to the Town Council within 30 days of its public hearing. Aye: Councilmembers Clem, Curry, Leach, Tolbert, and Vice-Mayor Williams Nay: None On motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu- tions were proposed and unanimously adopted as consent items: 88-87 - RESOLUTION - AUTHORIZING A CONTRACT WITH PERRY ENGINEERING COMPANY, INCORPORATED, FOR THE CONSTRUCTION OF THE CLUBHOUSE DRIVE RELOCATION WHEREAS, bids were received and opened on April 21, 1988, for the con- struction of Clubhouse Drive Relocation in accordance with the bid docu- ments prepared by Paciulli, Simmons and Associates; and WHEREAS, the bid documents were evaluated by Paciulli, Simmons and Associates and determined to be responsible and fully responsive; and WHEREAS, Paciulli, Simmons and Associates recommends award of the con- tract and bid alternate ##1 (traffic signal) to Perry Engineering Company, Inc. , for the lump sum price of $317,514.06; and WHEREAS, the Director of Engineering and Public Works concurs with this recommendation: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: - MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 36-7 The Manager is authorized and directed to enter into a lump sum con- tract with Perry Engineering Company, Incorporated, in accordance with their bid for the Clubhouse Drive Relocation project in the amount of $317,514.06. 88-88 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS VEHICLES AND EQUIPMENT WHEREAS, several pieces of surplus property have outlived their useful- ness to the town; and WHEREAS, the property must be disposed of at an advertised public auc- iion; and WHEREAS, June 16, 1988, is a date which accommodates required advertise- ments: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to sell by public auction on June 16, 1988, certain equipment and surplus property described in a list transmitted to the Council on April 29, 1988. SECTION II. the manager shall publish appropriate notices of the items available in the June 2 and June 9 issues of the Loudoun Times-Mirror. 88-89 - RESOLUTION - AUTHORIZING THE CLOSING OF KING STREET BETWEEN MARKET STREET AND CORNWALL STREET ON MAY 14, 1988, BETWEEN 2:00 P.M. AND 3:00 P.M. WHEREAS, the Office of Youth Services, Loudoun County, is sponsoring Youthfest 88 on the Courthouse lawn to be held May 14, 1988; and WHEREAS, the program will include display of student work from the four Loudoun County high schools; and WHEREAS, the planned activities contribute to the economic development and vitality of downtown Leesburg; and WHEREAS, the program is family oriented entertainment; and WHEREAS, a bicycle trick-riding event is planned that requires the use of the street: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia: The town manager is authorized to direct the chief of police to close King Street between Market Street and Cornwall Street on May 14, 1988, between 2:00 p.m. and 3:00 p.m. for the purpose of a bicycle riding display in conjunction with Youthfest '88. 88-90 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR //ZM-101--ALLMAN FAMILY LIMITED PARTNERSHIP RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider rezoning application OZM-101 by the Allman Family Limited Partnership to rezone 8.05 acres of land located on south King Street, and bounded on the south, west and north by the Greenway tract, on the east by South King Street, from County R-1 to PD-CH (Planned Development-Commercial Highway) shall be published in the Loudoun Times-Mirror. The notice shall be published on May 26, and June 2, 1988, for public hearing on June 8, 1988, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. Aye: Councilmembers Clem, Curry, Leach, Tolbert, and Vice-Mayor Williams Nay: None so MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 88-91 - RESOLUTION - AWARDING A CONTRACT TO KAMBER ENGINEERING IN ASSOCIATION WITH BELLOMO AND MCGEE FOR THE BATTLE- FIELD PARKWAY ALIGNMENT STUDY On motion by Mr. Clem, seconded by Mr. Curry, the following resolution was proposed and unanimously adopted: WHEREAS, the Department of Planning, Zoning and Development issued an RFP for professional services in connection with an alignment study for the extension of Battlefield Parkway from the Tavistock Farms Planned Develop- ment to the Potomac Crossing Planned Development; and WHEREAS, this study is essential to the future planning of land develop- ments proposed within this corridor; and WHEREAS, the staff review committee and Utility and Public Works Commit- ' tee concur that the best proposal was furnished by Kamber Engineering in association with Bellomo and McGee: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is directed to enter into a lump sum contract with Kamber Engineering in association with Bellomo and McGee for the East Battlefield Parkway roadway design/alignment study in conformance with their response to the request for proposal dated March 17, 1988, for a professional fee of $22, 100. Aye: Councilmembers Clem, Curry, Leach, Tolbert, and Vice-Mayor Williams Nay: None 88-92 - RESOLUTION - ESTABLISHING A DATE FOR A JOINT WORK SESSION ON THE PROPOSED LEESBURG SOUTH AND STRATFORD DEVELOP- MENT On motion by Mr. Tolbert, seconded by Mr. Curry, the following resolu- tion was proposed and unanimously adopted: WHEREAS, this Council and its Planning Commission have under review two separate planned development applications, "Leesburg South" and "Stratford", which have major impacts on the town's housing stock, transpor- tation system, as well as its commercial/office development policies articu- lated in the Town Plan; and WHEREAS, Council Resolution No. 88-44 called for a second work session following the original March 7 joint meeting to hear a report frail' the staff with respect to progress on changes in the Leesburg South and Stratford plans to more closely correspond with Town Plan policies and other concerns addressed at the March 7 meeting: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: This Council shall meet in joint session with the Planning Commission on May 23, 1988, at 7:30 P.M. in the Council Chambers to review progress with the Leesburg South and Stratford applications and to develop proce- dures for the resolution of outstanding issues and the ultimate approval of these applications in a form acceptable to the Council and Planning Commis- sion. Mr. Clem asked what phases Leesburg South and Stratford are in? Ms. Semmes replied that Leesburg South is presently a rezoning appli- cation and is before the Planning Commission -- the Stratford planned devel- opment, in terms of processing, is at the Council level. They have had all their public hearings and it is now before the Council for consideration. Mr. Minor said the original resolution 88-44 called on the staff to negotiate and to work with the applicants to try to make changes in the applications before they go to committee. The Council early-on recognized that with the heavy agendas for Finance and Administration Committee that these applications are complex and require a lot of policy analysis and there is no way to give them the time they deserve in that setting so these 36/ MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 joint meetings have given an opportunity to focus on some key things and work on these applications to get them into better condition for the Fi- nance and Administration Committee to begin its deliberations -- hopefully at this joint meeting Council can come to some consensus and direction as to where to go from here. Aye: Councilmember Clem, Curry, Leach, Tolbert, and Vice-Mayor Williams Nay: None NEW BUSINESS 88-93 - RESOLUTION - SETTING FORTH THE FORM AND DETAILS OF THE TOWN OF LEESBURG $5,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1988 On motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu- tion was proposed, and after a brief explanation by Mr. Minor, was unani- mously adopted by roll call: WHEREAS, the Town Council ("Council") of the Town of Leesburg, Virginia ("Town") determined that it was necessary to acquire, construct, equip and improve various public improvements, including a municipal government cen- ter and parking complex, and an aquatic center and gymnasium ("Projects"), and that it was necessary and expedient to borrow not to exceed $10,000,000 and to issue bonds of the Town ("Bonds") to provide funds to pay the costs of such facilities; and WHEREAS, the Council has held a public hearing on the issuance of the Bonds in accordance with the requirements of Section 15. 1-171. 1 of the Code of Virginia of 1950, as amended; and WHEREAS, the Council adopted an Ordinance on October 14, 1987, authoriz- ing the issuance and sale of the Bonds, to be issued in one or more series from time to time, and the Town has issued $5,000,000 of the Bonds: NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF LEESBURG: 1. Issuance of Series 1988 Bonds and Use of Proceeds. The Council hereby determines that it is advisable to issue and sell $5,000,000 of the Bonds to be designated General Obligation Public Improvement Bonds, Series 1988 ("Series 1988 Bonds") on the terms and conditions set forth in this Resolution. The Series 1988 Bonds shall be used in the following amounts for the following purposes (provided that proceeds not needed for a particu- lar Project listed below may be allocated to other Projects) : Aquatic Center/Gymnasium $ 1,603,000 Municipal Government Center/Parking Complex 3,397,000 Total $ 5,000,000 2. Pledge of Full Faith and Credit. The full faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Series 1988 Bonds as the same become due and payable. The Council shall levy an annual ad valorem tax upon all property in the Town, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Series 1988 Bonds as the same shall become due for payment unless other funds are lawfully avail- able and appropriated for the timely payment thereof. 3. Details of Series 1988 Bonds. The Series 1988 Bonds shall be issued in fully registered form, shall be dated June 1, 1988, shall bear interest at a rate or rates to be established by subsequent resolution of the Council, payable semi-annually on June 1 and December 1, beginning December 1, 1988, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. The Series 1988 Bonds shall mature serially on June 1 in the years and amounts as follows: 3 PI MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 Year Amount Year Amount 1989 $250,000 1999 $250 00 1990 $250,000 2000 $250,000 1991 $250,000 2001 $250,000 1992 $250,000 2002 $250,000 1993 $250,000 2003 $250,000 1994 $250,000 2004 $250,000 1995 $250,000 2005 $250,000 1996 $250,000 2006 $250,000 1997 $250,000 2007 $250,000 1998 $250,000 2008 $250,000 4. Book-Entry-Only Form. The Series 1988 Bonds shall be issued in fully registered form and registered in the name of Cede & Co. , a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Series 1988 Bonds, and immobilized in the custody of DTC. One fully registered Series 1988 Bond in typewritten or printed form for the principal amount of each maturity shall be registered to Cede & Co. Benefi- cial owners of Series 1988 Bonds shall not receive physical delivery of Series 1988 Bonds. Principal, premium, if any, and interest payments on the Series 1988 Bonds shall be made to DTC or its nominee as registered owner of the Series 1988 Bonds on the applicable payment date. Transfer of ownership interests in the Series 1988 Bonds shall be made by DTC and its participants ("Participants"), acting as nominees of the beneficial owners of the Series 1988 Bonds, in accordance with rules speci- fied by DTC and its Participants. The town shall notify DTC of any notice required to be given pursuant to this Resolution or the Series 1988 Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The Town shall also comply with the agree- ments set forth in the Town's letter of representations to DTC, which let- ter of representations is approved in substantially the form submitted at this meeting of the Town Council. { Replacement Series 1988 Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of Series 1988 Bonds rather than to DTC, or its nominee, but only in the event that: (i) DTC determines not to continue to act as securities depository for the Series 1988 Bonds; or (ii) The Town has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The Town has determined that it is in the best interest of the beneficial owners of the Series 1988 Bonds not to continue the book- entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the Town shall attempt to locate another qualified securities depository. If the Town fails to locate another qualified securities depos- itory to replace DTC, the Town shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto to the Participants. In the event the Town Council, in its discretion, makes the determination noted in (ii) or (iii) above and has made provisions to noti- fy the beneficial owners of Series 1988 Bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the Town shall exe- cute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto to any Participants requesting such Bonds. Prin- cipal of, premium, if any, and interest on the Replacement Bonds shall be payable as provided in paragraph 3 of this Resolution and in the Series 1988 Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraphs 10 and 11 of this Resolution and the Series 1988 Bonds. 5. Form of Series 1988 Bonds. The Series 1988 Bonds shall be in substantially the form attached to this Resolution, with such appropriate variations, omissions and insertions as permitted or required by this Reso- lution or subsequent resolution of the Town Council. There may be endorsed on the Series 1988 Bonds such legend or text as may be necessary or appro- priate to conform to any applicable rules and regulations of any governmen- tal authority or any usage or requirement of law with respect thereto. 6. Redemption of Series 1988 Bonds. The Series 1988 Bonds maturing on or before June 1, 1996, are not subject to redemption before maturity. Series 1988 Bonds maturing on or after June 1, 1997, are subject to option- al redemption before maturity at the direction of the Town, in whole at any 363 1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 t " time or in part (in installments of $5,000) on any interest payment date on or after June 1, 1996, in such order as may be determined by the Director of Finance, to be in the best interests of the Town (except that if at any time less than all of the Series 1988 Bonds of any maturity are called for • redemption, the particular Series 1988 Bonds of such maturity or portions thereof to be redeemed shall be selected by lot) upon payment of the follow- ing redemption prices (expressed as a percentage of the principal amount of Series 1988 Bonds to be redeemed) plus interest accrued thereon to the date fixed for redemption: 1 ' Redemption Date Redemption Price 1 I 1 I June 1, 1996, through May 31, 1997, inclusive 102% June 1, 1997, through May 31, 1998, inclusive 101 1/2 June 1, 1998, through May 31, 1999, inclusive 101 June 1, 1999, through May 31, 2000, inclusive 100 1/2 June 1, 2000, and thereafter 100 7. Execution of Series 1988 Bonds. The Mayor of the Town and the Clerk of the Council are hereby authorized and directed to execute appropri- ate negotiable Series 1988 Bonds in the aggregate principal amount of $5,000,000, and to affix the seal of the Town thereto. The manner of execu- tion and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Mayor and Clerk are both by facsimile, the Series 1988 Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar 8. CUSIP Numbers. The Series 1988 Bonds shall have CUSIP identifi- cation numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liabili- ty shall attach to the Town, or any officer or agent thereof by reason of such numbers or any use made thereof, including any use thereof made by the Town and any such officer or agent, by reason of any inaccuracy, error or omission with respect thereto. 9. Appointment of Bond Registrar and/or Paying Agent. The Town ' will serve as Bond Registrar. The Town Council may appoint a subsequent bond registrar and/or one or more paying agents for the Series 1988 Bonds by subsequent resolution and upon giving written notice to the holders of the Series 1988 Bonds specifying the name and location of the principal office of any such bond registrar or paying agent. 10. Registration, Transfer and Exchange. Upon surrender for trans- fer or exchange of any Series 1988 Bond at the principal corporate trust office of the Bond Registrar, the Town shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transfer- ees a new Series 1988 Bond or Series 1988 Bonds of any authorized denomina- tion in an aggregate principal amount equal to the Series 1988 Bond surren- dered and of the some form and maturity and bearing interest at the same rate as the Series 1988 Bond surrendered, subject in each case to such reasonable regulations as the Town and the Bond Registrar may prescribe. All Series 1988 Bonds presented for transfer or exchange shall be accompa- nied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Town and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Series 1988 Bond may be registered to bearer. New Series 1988 Bonds delivered upon any transfer or exchange shall be valid obligations of the Town, evidencing the same debt as the Series 1988 IIBonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Series 1988 Bonds surrendered. 11. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Series 1988 Bonds, but the Town may require payment. by the holder of any Series 1988 Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Series 1988 Bond. 12. Temporary Bonds. The Town may initially issue the Series 1988 Bonds in temporary, registered form. If Series 1988 Bonds are issued in temporary form, the Town shall promptly prepare, execute and deliver to such registered owner Series 1988 Bonds in definitive form of the same maturity and interest rate and for the same aggregate principal amount as 34;14 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1988 the temporary Series 1988 Bonds. Appropriate variations, omissions and insertions may be made in the Series 1988 Bonds to facilitate printing or preparation of definitive Bonds. 13. Arbitrage and Tax Covenants. The appropriate officers and agents of the Town are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Series 1988 Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bond." The Council covenants on behalf of the Town that the proceeds from the issuance and sale of the Series 1988 Bonds will be invested and expend- ed as set forth in the Town's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Series 1988 Bonds and that the Town shall comply with the other covenants and representations contained therein. The Town designates the Series 1988 Bonds as "qualified tax-exempt obligations" eligible for the exception from the disallowance of the deduc- tion of interest by financial institutions allocable to the cost of carry- ing tax-exempt obligations in accordance with the provisions of Section 265(b)(3) of the Code. The Town does not reasonably anticipate issuing more than $10,000,000 in qualified tax-exempt obligations during calendar year 1988 and the Town will not designate more than $10,000,000 of quali- fied tax-exempt obligations pursuant to such Section 265(b)(3). 14. Disclosure Documents. The officers and agents of the Town are hereby authorized and directed to prepare, execute, publish and deliver an appropriate official statement, notice of sale or such other disclosure documents as may be necessary to expedite the sale of the Series 1988 Bonds and all such actions previously taken are ratified. The appropriate offi- cers and agents of the Town are authorized and directed to execute and deliver the official statement with respect to the issuance and sale of the Series 1988 Bonds in substantially the form of the Preliminary Official Statement submitted at this meeting with such changes as such officers may consider necessary or desirable and such official statement is hereby ap- proved. 15. Further Actions. The officers and agents of the Town are author- . ized and directed to take such further action as they deem necessary regard- ing the issuance and sale of the Series 1988 Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. 16. Filing of Resolution. The appropriate officers or agents of the Town are authorized and directed to file a certified copy of this Resolu- tion with the Circuit Court of the Town of Leesburg, Virginia, pursuant to Sections 15. 1-199 and 15. 1-212 of the Code of Virginia of 1950, as amended. 17. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Town Council of the Town of Leesburg, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a regular meeting of the Town Council of the Town of Leesburg, Virginia, held on May 11, 1988. Aye: Councilmembers Clem, Curry, Leach, Tolbert, and Vice-Mayor Williams Nay: None The meeting was adjourned at this time. e-Mayor Clerk of ,.uncil sw