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HomeMy Public PortalAbout1988_05_25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 J A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, on May 25, 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 E. B. White, Service Officer with VFW Post 1177. Present were Mayor Robert E. Sevila; Councilmembers James E. Clem, Arl Curry, Brian Kelley; Hunter Leach, and John Tolbert, Jr. Vice-Mayor Charles Williams was ab- sent. Planning Commission members present were William Webb, Chairman; Commissioners Marvin Belles; Carl R. Johnson; Mervin Jackson; and Reginald T. Gheen. Staff members present were Town Manager Jeffrey H. Minor; Assis- tant Town Manager Steven Brown; Director of Finance Paul York; Director of Engineering and Public Works Tom Mason; Director of Planning, Zoning and Development Martha Mason-Semmes; Zoning Administrator Andy Conlon; and Town Attorney George Martin. PETITIONERS Janet McCarthy, Director of Blue Ridge Speech and Hearing Center, requested an annual funding commitment from the town for the center in the amount of $1,000. They have provided speech and hearing services to the community for 24 years. Services provided in the past year were to 1,710 individuals through 4, 171 visits. They also receive about 48% funding from Loudoun County government, 7% from United Way, 44% from Fees for Services and fund raising and private contributions as well. Nancy Lininger, 307 Edwards Ferry Road, spoke concerning the property being illegally used by Subaru. This is coming to trial the first of next week and she hopes the Council will pursue this strenuously. This has been a problem since February 5 when Subaru moved in without getting permission from the town -- they have never submitted a site plan, there has been no paving done, no screening -- it is not only illegal parking but an auto graveyard. George Atwell, resident of Evergreen Mill Road, asked that Council not ratify a notice of public hearing on proposed //ZM-99 by Washington-Vir- ginia Traditional Development Sites, Inc. He has spent a number of hours II/ with the Council, Planning Commission and members of town staff in review- ing correspondence and minutes of public meetings that have been held on this application and it is not ready for Council action. Pat Muir, 1108 Bradfield Drive in Country Club Subdivision, asked that Council not approve the public hearing on the Leesburg South project. The people of Country Club Subdivision also concur that the plan is not ready to go into its final phase and they cannot support it. Ben Lawrence, resident of Country Club Subdivision for 26 years, said he was appalled that this application has been brought before Council in its present form. Hubbard Turner, 1107 Bradfield Drive, agreed with all of the above speakers. He attended the Planning Commission meeting that recommended Leesburg South development be referred to Council for approval. He did not believe the requirements of the Leesburg Town Plan have been met -- there are other serious considerations to be concerned with. He would appreciate it if Council could continue to work with both the Stratford and Leesburg South developments to work out an arrangement with both of them in order to meet the needs of the southern part of Leesburg. JOINT PUBLIC HEARING CONCERNING AMENDMENTS TO THE LEESBURG ZONING ORDI- NANCE REGARDING MEASUREMENT OF LOT WIDTH AND ESTABLISHMENT OF MINIMUM SET- BACKS FOR CERTAIN STREETS Martha Mason-Semmes, Director of Planning, Zoning and Development explained that the amendments before Council have to do with two sections of the zoning ordinance. The first deals with the measurement of lot width -- that is, how do we determine whether a lot has met minimum lot width requirements of our ordinance. There has been a proposal to measure that at the front yard setback. The Planning Commission is considering this amendment. They were unable to meet a consensus at this point but they do have a meeting planned after their regular meeting on June 2 where they will try to discuss this again and get a recommendation to Council as re- quested. The second section of the amendments would add additional setback requirement to West Market Street between Ayr Street and the western corpo- rate limits and along Morven Park Road. This additional requirement would mean that any structures would have to be set back from the street farther II 3�$ MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 than would normally be required in our zoning ordinance for that district. The proposal is to have a setback of 65 feet from the center line of the right-of-way on West Market Street and 55 feet from the center line on Morven Park Road. We have set similar restrictions on other streets in . town. These two were recommended by Council to attempt to address the concerns of the neighborhood and the Planning Commission that the character of these streets need to be protected and that future development along these streets should be compatible with what is already there. Dr. George Poehlman, resident of Morven Park Road, quoted from sever- al old ordinances and mentioned several misinterpretations, but spoke in support of the town's recommendation for the minimum setback rule as writ- ten in the new ordinance. He pointed out that this should not only address West Market Street and Morven Park Road, but Council should address the more global issue of setbacks for the town in general. He urged Council to pass the ordinance as written but to continue to examine the reasonableness of applying some sort of setback rule as it applies to the remainder of the town so that concerns that have been identified in two other areas do not appear later. John Garrett, resident of West Market Street, had personal concerns with lot widths and setback requirements that affect the proposed develop- ment adjacent to his property. He also has concern for the beauty, harmony and continuation of the historical precedence that currently exists in Leesburg. The critical issue is land use -- should developers be able to totally maximize the number of structures in paved areas on land that is available for development or should we, as a town, be more conservative in the use of land? In some of our more established neighborhoods with large DPR's, there should be a perpetuation of previously established standards. One way to maintain the harmony of such neighborhoods is through the use of setback requirements. First, the issue should be to determine what is proper for the future - not to correct oversights of the past. Secondly, if we need to have special exceptions for the expansion of specific exist- ing homes, they can be addressed independently on their own merit. For West Market Street, and specifically the Peer Manor Subdivision, a 65-foot setback is inadequate because of the deep setbacks that currently exist on many of the homes on the north side of West Market Street. Specifically, the two homes on either side of this property have setbacks of 190 and 200 feet. Establishing such a small setback would enable him, or future owners of his property to put approximately three homes in his front yard. Such a situation is not in the best interest of maintaining the beauty and harmony of our town and is inconsistent with an understanding of human nature. It has been proposed by a member of the Planning Commission that individual landowners put a covenant on their land to preclude landowners from build- ing homes in their front yard. Very few landowners or homeowners would take the time or spend the money to file such a covenant even if they felt it were appropriate. Furthermore, it is the duty of the government, the Town Council and the Planning Commission, to establish such restrictions if they are to be uniform and effective. When the current owner of the pro- posed Peer Manor Subdivision, Signature Homes, bought this property on West Market Street, the average setback rule applied. This would have required a setback of approximately 190 feet. There is no reason to give Signature Homes more buildable land than they anticipated when they purchased the property establishing a 65-foot setback would do just that. Nor is it consistent with the State of Virginia's mandate, that towns maintain "harm- onious neighborhoods" to make a major deviation from existing setbacks for the sake of three to four homes. He recommended that a 100-foot setback be established for West Market Street. This is compatible with what Signature Homes expected when they purchased the property and it would maintain the integrity of the neighborhood that currently exists on the north side of West Market Street. Concerning lot width, there needs to be a better defi- nition of the line on the lot where the minimum width must be met. Section 1B-4G of the Leesburg Zoning Ordinance does not clearly instruct where this line should be. Mike Rich, resident of 313 Edwards Ferry Road, had concerns regarding the application of geometry to plats and to lots and lot width. One flaw is having a measurement of lot width occurring at only one location. He hopes to have some thought given to differentiating between infill lots and subdivision lots in the new area in the town. He does not know how this can be done but it is one of the areas where we are running into a lot of problems. Another concern is that of the fourteen streets that were suggest- ed to be involved in the setback -- we are only looking at two. As a citi- zen, I would like to see the inclusion of the other streets and let's get this matter resolved. In Section 1B4G perhaps there should be one set of MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 369 regulations involving cul-de-sacs and a separate definition involving lots not on cul-de-sacs. The citizens want an ordinance that they can go by, they want to know what the rules are, and they want the town to apply the rules and enforce them. Mayor Sevila asked how many citizens were present in favor of the proposed amendments or variations on these amendments? There were approxi- mately 25 citizens. The public hearing was closed. Mayor Sevila reminded the citizens 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. Carl Johnson, Planning Commissioner, said the Planning Commission has met many hours on both of these subjects. The consensus of the Planning Commission on setbacks was yes let's have those fourteen streets and do it all at once. The measurement of lot width - the Planning Commission can go along with what is proposed, however, it does not go far enough. They have several concerns on this subject - it mentions pipestem lots but not cul- de-sacs. They have several concerns dealing with cul-de-sacs. He went into great detail concerning this matter and used a diagram to show what the Planning Commission had been working on. On motion by Mr. Kelley, seconded by Mr. Tolbert, this matter was re- ferred to Planning Commission and then back to the Finance and Administra- tion Committee for May 31. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None PUBLIC HEARING ON THE PROPOSED BUDGET FOR FISCAL YEAR 1988-89 AND ALSO AT THE SAME PUBLIC HEARING THE PROPOSED TAX INCREASE Mr. Minor explained this was a public hearing on both the proposed budget for fiscal year 1988-89 as well as the tax increase. This is not a tax rate increase but will yield additional tax revenue as a result of the county's reassessment of real estate in the Town of Leesburg. First, the general fund budget for 1989 is projected around $7,000,000. This is about 14% increase over last year. Our capital projects this year for all funds total about $17,000,000. One real interest to Council is the potential tax increase on a typical home. Our estimate this year for an average homeown- er would result in a tax increase of about $3.95 per month -- which is about $47.40 per year. He gave a brief explanation of Council's capital program. The capital program includes the municipal government center/parking complex, Ida Lee Park, public works complex, basic storm drainage project and the Cornwall storm drainage project. These projects total about $18,000,000. Of this about $5,500,000 will come from non-bond revenues, i.e. the town's capital reserve accounts, from proffers received over the years from various land use applications that have been approved, and of course, primarily the $10,000,000 bond revenue. The total budget is $30,000,000 for FY 1988-89. Hubbard Turner, 1107 Bradfield Drive, said citizens are probably going to be concerned with this budget. The fact is Leesburg is under extreme rapid development. He said Leesburg is headed toward a deficit position. He is concerned that the citizens of Leesburg are becoming more in debt. If we had a sizable surplus, he would not be as concerned but he said he saw the negative slope. Mayor Sevila invited Mr. Turner and any other interested citizens to attend the special meeting on June 7 at 5:00 p.m. to discuss any questions they may have concerning the budget. Mr. Kelley said Mr. York is very conservative with his carryover figures and we always end up with a couple hundred thousand dollars more than he projects. To say our funds are in adequate condition would be an understatement -- he feels that they are in better than adequate condi- tion. lI 310 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 Mayor Sevila said we have seen some failures and close survivals by small and major municipalities throughout the country. He said the points that have been raised are good and they simulate a lot of discussion and debate among Councilmembers. One indication of the financial condition or financial health of our town is that today we sold $5,000,000 in General Obligation Bonds -- we had nine bidders for these bonds -- and we sold them at 7. 135 which is 200th of a percent higherthan what we sold the bonds for six months ago. We have a very good bond rating. The public hearing on the budget was closed. Mayor Sevila reminded the public that if they wanted to submit com- ments in writing, the records will remain open for a period of 10 days. On motion by Mr. Kelley, seconded by Mr. Tolbert, these matters were referred to the special meeting of the Council on the budget scheduled for June 7, 1988. Aye: Councilmember Clem, Curry, kelley, Leach, Tolbert and Mayor Sevila Nay: None PUBLIC HEARING TO AMEND AND INCREASE LEESBURG'S WATER AND SEWER AVAILABILI- TY FEES FOR NEW CONNECTIONS Mr. Minor briefly explained the increases in the availability fee schedule do not affect anyone who already has a home or property -- this has to do with new development (residential and commercial). He gave a description of the different rates. This plan will generate about $86,000 a year in additional revenue for the town. John Gambini, Lokey Properties, developers of several properties in town, said they would like Council to consider a grandfather clause for projects that have been in the planning process and approved, but have not been signed off on and able to pay their fees so they can be taken care under the present fee schedule. Hubbard Turner said he supported the increase in the water and sewer availability fee because the town should have a quality sewage discharge and also a quality water intake. He said he hopes this will give us a full on-site chemical analyses capability at the water treatment plant. Dennis Boller said he has no problems with the fee increase, but if a grandfather clause is considered for commercial or even development proper- ty, it should also be considered for existing homes within the town who do not have sewer and water because it was not available -- that would be primarily homes in the annexed area. The public hearing was closed at this time. Mayor Sevila reminded the public that if they wanted to submit com- ments in writing, the records will remain open for a period of 10 days. On motion by Mr. Kelley, seconded by Mr. Clem, this matter was referred back to the next Finance and Administration Committee for further considera- tion Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None PUBLIC HEARING ON APPLICATION MI-100 REZONING BY ROGER AND WANDA HOUGH Martha Mason-Semmes explained this is to rezone approximately 19,000 square feet of land located at 154 Fort Evans Road from Town R-2 which is a duplex single-family residential district to Town B-1. The staff recom- mended that the zoning being left as is or at least not rezoned to this particular category which they do not feel is in conformance with the Town Plan. The Planning Commission recommended this project as presently pro- posed -- they did recommend approval. Roger Hough , 154 Fort Evans Road, explained the property directly in front of his has been rezoned from residential to B-1, the property owned MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 by Pat Fischer has just recently been rezoned from residential to B-1. He said he has a contract on the property based on whether he gets a commer- cial rezoning and, to the best of his knowledge, the property will not be changed, nothing will be torn down, nothing will be built back -- the present structure will stand as is except for some minor alterations on the garage. He asked Council to make a decision on this at this meeting as his contract will run out on this date. Mayor Sevila said the town is not really concerned whether the build- ing stays up, but what transportation is going to be generated by the new use and how that new transportation that exceeds what would have been gener- ated by a single-family residence -- how is this going to impact local and regional roads and whether or not a transportation proffer would be appro- priate? Mayor Sevila asked if there had been any discussion between Mr. Hough, Planning Commission and staff? Mr. Hough said there has been no discussion but the building will be used for a CPA office and this should generate only minor traffic. Howev- er, he did say the traffic was one of the reasons why they wanted to leave. He said the town has continually down graded his property since he moved there. Sally Rich, 313 Edwards Ferry Road, said so much of the property has been zoned commercial and she hoped that Council would take this into con- sideration and make a good judgment for the citizens who have lived in Leesburg and supported it for years. She said she would encourage Council to give commercial zoning in this situation because the Houghs are out on a limb. On motion by Mr. Kelley, seconded by Mr. Curry, Council voted unanimous- ly to consider this matter later in the meeting along with proposed legisla- tion. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None At this time, there was a five minute recess. COUNCILMEMBER COMMENTS Mr. Clem reported the Airport Commission met this past week and looked at additional acquisition of land. They also talked about the rent- al fees and they will look into this and give a report to the people who are renting the hangars. Mr. Kelley thanked Council for the resolution wishing him well during his illness; and he also thanked the many citizens for their cards, phone calls, etc. He mentioned the Memorial Day and Day in the Park ceremonies -- there will be a parade, the ceremony at the Courthouse, and there will be a super day at Ida Lee Park. Mayor Sevila reiterated Mr. Kelley' s comments regarding the Memorial Day ceremonies -- a lot of hard work has gone into the preparation for these festivities. He hopes the public's acceptance and response to these festivities will be sufficient to justify making it an annual event in the town. He also mentioned the sale of the $5,000,000 in General Obligation Bonds today at a special meeting of the Council. We are gratified by the rate we received, the response and the number of bidders. We feel that the Town of Leesburg looks pretty healthy to perspective investors. MANAGER'S REPORT Mr. Minor reported Council received a written activity report on Monday. LEGISLATION On motion by Mr. Kelley, seconded by Mr. Clem, the following ordinance and resolutions were proposed and unanimously adopted as consent items: 37a, MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 88-0-16 - ORDINANCE - AMENDING THE ZONING ORDINANCE REGARDING SIGNS FOR MULTIPLE BUSINESSES ON A SINGLE ZONING LOT WHEREAS, the Council on March 9, 1988, initiated an amendment to the sign ordinance regarding the location of wall signs for multiple businesses on a single zoning lot; and WHEREAS, the Council and Planning Commission held a joint public hear- ing on this amendment on April 27, 1988; and WHEREAS, the Planning Commission recommended to Council approval of this amendment on May 5, 1988; and WHEREAS, this amendment is in the best interest of the public necessi- ty, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Article 8A - Sign Regulations of the Leesburg Zoning Ordi- nance is amended to revise Section 8A-17(c)(6) to read as follows: (6) Wall Signs: One per establishment having an individual outside entrance; located-above-entrance-of-individual establishments;-and harmonious with other wall signs as to color and lettering. The size shall be limited to one square foot per linear foot of build- ing frontage for the establishment, up to a maximum of 100 square feet. SECTION II. All prior ordinances in conflict herewith are hereby re- pealed. SECTION III. This ordinance shall be in effect upon its passage. 88-95 - RESOLUTION - AUTHORIZING THE SELECTION OF HOWARD, NEEDLES, TAMMEN AND BERGENDOFF (HNTB) IN ASSOCIATION WITH SIMATE, HELLIESEN AND EICHNER (SH&E) TO UPDATE THE LEESBURG MUNICIPAL AIRPORT MASTER PLAN WHEREAS, the town's airport is being expanded to include a 5500 foot runway designed to attract corporate aircraft; and WHEREAS, land around the airport is rapidly being developed; and WHEREAS, adopted town goals include the utilization of the airport as an important economic development tool for Leesburg; and WHEREAS, proper planning is necessary to fully realize the potential of our airport; and WHEREAS, the RFP distributed to attract proposals to update our master plan produced eight proposals; and WHEREAS, the selection committee reviewed the proposals, interviewed the short list and recommend HNTB and SH&E for the project: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia: The town manager is authorized to enter into a contract with HNTB and SH&E to update the Leesburg Municipal Airport Master Plan at a price contin- gent upon FAA approval of $88,000 which if approved for reasonableness is II/eligible for a ninety-five percent funding from the FAA and State of Virgin- ia. 88-96 - RESOLUTION - AUTHORIZING THE LEASE BETWEEN THE TOWN AND RETROSPECT LOUDOUN ARTISANS, INC. , FOR THE LOG CABIN AT 14 LOUDOUN STREET, S.W. WHEREAS, the Request for Proposals for the Log Cabin was published; and WHEREAS, a proposal from Retrospect Loudoun Artisans, Inc. , was timely received and responsive to the RFP; and WHEREAS, no other proposals were received; and 3 73 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 WHEREAS, the proposal received includes appropriate rent plus increas- es; and WHEREAS, the current tenant has performed admirably: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia: The town manager is authorized to enter into the attached lease with Retrospect Loudoun Artisans, Inc. , for the purpose of leasing the log cabin at 14 Loudoun Street, S.W. , for a period of five years. P88-97 - RESOLUTION - APPROVING A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF WASTE MANAGEMENT, DIVISION OF LITTER CONTROL AND RECYCLING FOR FUNDING OF LITTER CONTROL PROGRAM WHEREAS, Council recognizes the need for litter control within the boundaries of the Town of Leesburg; and WHEREAS, the Litter Control Act of 1976 provides, through the Depart- ment of Waste Management, Division of Litter Control and Recycling, for the allocation of public funds in the form of grants for the purpose of enhanc- ing local litter control programs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall submit an application requesting the town's $1,818.00 grant allocation which, if approved, will be used for expansion and continu- ance of its present litter control program. 88-98 - RESOLUTION - APPROVING EXTENSION OF WATER AND SEWER FACILITIES TO PERSHING AVENUE EXTENDED AND CALLING FOR A FUTURE UTILITY REIMBURSEMENT AGREEMENT WHEREAS, R. G. Miles plans to build two houses on lots 11, 12 and 13 in Section I of the Fairview Subdivision and has requested that the town allow extension of water and sewer facilities to serve these homes; and WHEREAS, the developer further proposes to construct a 30-foot asphaltic concrete paved road extension from the existing terminus of Pershing Avenue along the full frontage of his lots; and WHEREAS, these lots are part of the previously recorded Fairview Subdi- vision: THEREFORE, RESOLVED by the Council of the Town of Leesburg in .Virginia as follows: SECTION I. The manager is authorized and directed to execute an agree- ment (PC-2) with R. G. Miles for the installation of public improvements on plans approved by the Director of Engineering and Public Works for the construction of two houses on lots 11, 12 and 13 in Section I of the Fairview Subdivision. SECTION II. The extension of municipal water and sewer works for these two houses is approved in accordance with Section 15. -9 and 19-18 of the Town Code. . SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from the Burke & Herbert Bank & Trust Co. of Alexan- dria, Virginia, in the amount of $14,663.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works. SECTION IV. The manager shall prepare a reimbursement agreement for future consideration by the Council to establish a pro rata charge for owners of undeveloped lots adjacent to the utility extension authorized herein to reimburse R. G. Miles for a part of the costs of the extension of water and sewer facilities. Said payments to be made at the time zoning permits are issued for house construction on the undeveloped lots. 13/ MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988, 88-99 - RESOLUTION - AUTHORIZING A REVISED TERMS OF AGREEMENT FOR UTILIZATION OF THE FARMERS' MARKET WHEREAS, Town Council Resolution number 88-63 cancelled the agreement with Market Square Associates to manage the town's farmers' market; and WHEREAS, the Loudoun County Economic Development Department surveyed local producers to generate interest in participating in the market; and WHEREAS, several producers have responded; and WHEREAS, a generic terms of agreement form should be signed by each producer and the town prior to authorization of participation in the market: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is authorized to use the attached terms of agreement to contract with producers utilizing the town's farmers' market. 88-100 - RESOLUTION - APPOINTING A COUNCIL REPRESENTATIVE TO THE COUNTY OF LOUDOUN TRANSPORTATION TASK FORCE WHEREAS, the County of Loudoun Transportation Task Force was re-estab- lished by the Board of Supervisors to consider phased land development, a regional fair share contribution standard for transportation improvements, proffers/funding alternatives and transportation system management; and WHEREAS, the Town of Leesburg has been requested to appoint a citizen to serve on this task force; and WHEREAS, the Finance and Administration Committee of the Council has suggested the appointment of Councilmember James Clem: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. James Clem is hereby appointed to the County Transportation Task Force. SECTION II. The manager is directed to make available appropriate planning staff to assist at these meetings. 88-101 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 33 TO R. F. KLINE, INC. , FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT WHEREAS, the contract for improvements at the Wastewater Treatment Plan was awarded to Richard F. Kline, Inc. ; and WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985, by the • Council of the Town of Leesburg provides: "The Council at its option will require prior approval of all requisitions for payment under this con- tract"; and WHEREAS, the contractor has submitted Payment Request No. 33 on April 25, 1988, and Camp, Dresser & McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering and Public Works has recommended payment of Payment Request No. 33 in the amount of $55,429.01. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $55,429. 01 shall be made to R. F. Kline, Inc. , for Payment Request No. 33 for the Wastewater Treatment Plant Expansion Project. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 316 88-0-17 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP FORIREZONING APPLICATION #ZM-100 BY ROGER L. AND WANDA W. HOUGH On motion by Mr. Leach, seconded by Mr. Curry, and after lengthy discus- sion, the following ordinance was proposed and unanimously adopted: WHEREAS, on February 10, 1988, the Council received Rezoning Applica- tion IIZM-100 by Roger L. and Wanda W. Hough to rezone a 19,909 square foot parcel of land on Fort Evans Road from R-2 to B-1 and referred the applica- tion to the Planning Commission for public hearing and recommendation; and WHEREAS, the Planning Commission on April 7, 1988, held a public hear- ing on this application and recommended conditional approval: to Council; and WHEREAS, the Council, on May 25, 1988, held a public hearing on this application, prior to which a signed, notarized proffer statement was sub- mitted by the property owner: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from R-2 to B-1 a 19,909 square-foot parcel of land located at 154 Fort Evans road, N.E. and surrounded by the Fox Creek Townhouse community, in accordance with a plat prepared by Kamber, Engineering, Inc. , dated January, 1988, subject to the following conditions proffered in writing on May 29, 1988, by the property owner pursuant to Section 15. 1-491(a) of the 1950 Code of Virginia as amended:' 1. The applicant proffers and agrees that the permitted uses allowed on the site will be limited to the following: a. Office uses: 1. Medical offices including pharmacy 2. Professional offices 3. Government offices 4. General Offices b. Banks c. Day Care Center d. Residential Use 1. As permitted by Special Exception 2. The applicant agrees and proffers that at such time as the Town Council adopts an amendment to the Zoning Ordinance creating an office zoning district, the subject property shall be included therein. 3. The applicant agrees and proffers that at such time as Fort Evans Road is closed, and a cul-de-sac created, the applicant will inter- pose no objection thereto. 4. The applicant agrees and proffers that they will make a cash contribution for road improvements. This cash contribution shall be in the amount of $2,000 for each 2,000 square feet of new con- struction; it shall be due and payable at the time a zoning permit is issued for the new construction. SECTION. II. This ordinance shall be in effect upon its passage. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None 88-102 - RESOLUTION - DENYING REZONING APPLICATION OZM-97 BY NORTH LEE DEVELOPMENT ASSOCIATES LIMITED PARTNERSHIP On motion by Mr. Kelley, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted: WHEREAS, Rezoning Application OZM-97 by North Lee Development Associ- ates Limited Partnership to rezone a 5.3-acre parcel of land on the east side of the Route 15 Bypass from County R-1 to County C-1 was received by the Council on October 23, 1987, and referred to the Planning Commission for public hearing and recommendation; and 316 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 WHEREAS, the applicant amended the application on November 24, 1987, to request rezoning to the County PD-SC district, rather than the County C-1 district; and WHEREAS, the Planning Commission held a public hearing on this applica- tion on January 21, 1988; and WHEREAS, the Planning Commission on March 3, 1988, unanimously recom- mended denial of this application based on a lack of public need for addi- tional commercial land in this area; and WHEREAS, the Council held a public hearing on this application on May 11, 1988; and WHEREAS, this rezoning application is inconsistent with the adopted Town Plan and is not in the interest of the public health, safety, welfare and convenience or good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Rezoning Application GM-97 by North Lee Development Associates Limited Partnership to rezone 5. 3 acres of land located on the east side of the Route 15 Bypass and bounded by the lands of Helmi E. Carr on the north, Cynthia Shrump on the east and N/F North Lee Development Associates Ltd. Partnership on the south from County R-1 to County PD-SC is hereby denied. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None 88-103 - RESOLUTION - REJECTING PROPOSALS FOR GROUP INSURANCE FRINGE BENEFIT COVERAGES On motion by Mr. Kelley, seconded by Mr. Curry, the following resolu- tion was proposed and unanimously adopted: WHEREAS, on May 9, 1988, the town received proposals from eight carri- ers in response to our Request For Proposals dated April 6, 1988, to pro- vide the town with group fringe benefit insurance coverage for all full- time town employees; and WHEREAS, all proposals received were forwarded to Industrial Insurance Management Corporation, the town's insurance consultant, for their review and analysis; and WHEREAS, their review and analysis has determined that in the best interest of the town end its employees, all proposals for all forms of coverage be rejected due to the unacceptably high rates quoted for family rate health care coverage; and WHEREAS, in order to obtain more favorable family rates they advise the rebidding of the entire insurance program because most carriers require other lines of coverage in order to quote health care: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that all proposals received on May 9, 1988, to provide the town with group insurance coverages are hereby rejected and the town manager shall take the following action: SECTION I. The town's insurance consultant, Industrial Insurance Man- agement Corporation, is directed to rebid the entire group insurance pack- age as originally proposed. SECTION II. The effective date of the insurance program will be moved to August 1, 1988. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 317 On motion by Mr. Kelley, seconded by Mr. Tolbert, a resolution was proposed to ratify a notice of public hearing to consider amended rezoning application #ZM-80 by Alan I. Kay of Bethesda, Maryland. The above motion was defeated by a vote of 6 to 1. Aye: Councilmember Tolbert Nay: Councilmembers Clem, Curry, Kelley, Leach and Mayor Sevila On motion by Mr. Kelley, seconded by Mr. Clem, and after considerable discussion, /JZM-80 by Alan I. Kay of Bethesda, Maryland, was referred back to the Finance and Administration Committee meeting on May 31 for further consideration. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila Nay: None On motion by Mr. Kelley, seconded by Mr. Curry a resolution ratifying a notice of public hearing on proposed Zoning Map amendment 1/ZM-99 by Washing- ton-Virginia Traditional Development Sites, Inc. , was proposed and, after extensive discussion, Council defeated this resolution by roll call vote of 4 to 2. Aye: Councilmembers Curry and Kelley, Nay: Councilmembers Clem, Leach and Tolbert and Mayor Sevila On motion by Mr. Clem, seconded by Mr. Tolbert this matter was referred back to the Finance and Administration Committee on May 31 for further consideration. Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila ' Nay: None On motion by Mr. Kelley, seconded by Mr. Clem, the meeting was ad- journed. Mayor Clerk of founcil sw