Loading...
HomeMy Public PortalAbout1988_09_1357 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 A regular meeting of.the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, on September 13, 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 James Clem. Present were Mayor Sevila; Councilmembers James.Clem; Christine Forester; Donald Kimball; Claxton Lovin; William Mulokey and Vice -Mayor John Tolbert, Jr. Staff members present were Town Manager Jeffrey H. Minor; Assistant Town Manager Steve Brown, Director of Planning, Zoning and Development Martha Mason -Semmes, Planner Peter Stephenson; Director of Engineering Tom Mason; Director of Finance Paul York; Director of Parks and Recreation Gary Huff and Deputy Town Attorney Deborah Welsh. ' Mayor Sevila welcomed the newest Councilmember, William Mulokey, to the Council and said Council looked forward to working with him. On motion by Mr. Tolbert, seconded by Mr. Clem, it was recommended the minutes of the regular meetings of June 22 and July 12, 1988, and special meetings of November 10, 1987, August 8 and 9, 1988, be approved as written. Aye: Councilmembers Clem, Forester, Lovin, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Travis Sample, President of the Loudoun County Public Library Founda- tion, spoke concerning amending the Zoning District Map for #ZM-101, the Allman Partnership. He said he wanted to mention the following three fac- tors: first, the importance of the library facility itself; second, if Council turns down the Allman site thinking something better will come along, they may be mistaken -- we are running out of land; and three, he asked that Council look at this very carefully and not let down the people of Loudoun County, they are counting on Council's support for this site because there may not be an option two. ' John Foor, President of Loudoun County Volunteer Rescue Squad, passed around a proposal requesting the covenant be removed from the deed for the Rescue Squad land in order that they might use the deed as collateral in the future when they need to expand. The way it is stated now they would be unable to use the deed as collateral. Hubbard Turner , 1107 Bradfield Drive, spoke in opposition of the Allman rezoning and he wanted to support Council in voting no against this rezoning. On motion by Mr. Tolbert, seconded by Mrs. Forester, the following resolution of respect was proposed and unanimously adopted with the follow- ing amendment: the Mayor asked that copies be sent to the House of Dele- gates and to the Virginia State Senate to be read and spread on the minutes of those bodies as well: WHEREAS, Kenneth B. Rollins, former Leesburg mayor, Loudoun delegate to the General Assembly and well known resident of Leesburg and Loudoun Coun- ty, died in Fairfax Hospital on August 28, 1988; and WHEREAS, Delegate Rollins served with distinction as the mayor of the Town of Leesburg from September, 1963, through December, 1973, and again from July 1978, through November, 1981, for a total of nearly 14 years; and WHEREAS, as mayor, he was instrumental in ensuring that Leesburg would have an independent and reliable source of water supply from the Potomac River well into the next century; and WHEREAS, as mayor and delegate, he played a leadership role in the original construction of the town's wastewater treatment plant and was of invaluable assistance to the town's successful funding of its expansion which was completed in the spring of 1988; and WHEREAS, Delegate Rollins distinguished himself and the Town of Leesburg by being elected and serving as memher of the Virginia General Assembly for 11 years until his death; and 58 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 WHEREAS, the Town of Leesburg knew no greater friend in the General Assembly than Delegate Rollins whose vigorous support for his town never waivered; and WHEREAS, while Delegate Rollins' seat in the General Assembly will be filled by a new representative, Delegate Rollins legacy of leadership, dedication and love for the Town of Leesburg can never be equaled: THEREFORE, RESOLVED that the mayor and members of this council for the Town of Leesburg do extend their sympathy to his family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his wife and daugh- ters and to his father. Aye: Councilmembers Clem, Forester, Lovin, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Mayor Sevila made the following proclamation in honor of the Drug Abuse Resistance Education Program: PROCLAMATION WHEREAS, the Drug Abuse Resistance Education (D.A.R.E.) program was implemented in the State of Virginia in 1986 to assist students in recogniz- ing and resisting the pressures that influence them to experiment with drugs; and WHEREAS, the D.A.R.E. program recognizes that education of our children and the coordinated support from parents, teachers and police is the key to winning the battle against drugs; and WHEREAS, September 15, 1988, will be National D.A.R.E. Day by official proclamation of the United States Congress; and WHEREAS, the combined efforts of the Loudoun County schools, the Leesburg Police Department and the Loudoun County Sheriff's Office have resulted in widespread support for the D.A.R.E. program: THEREFORE, BE IT RESOLVED that I, Robert E. Sevila, Mayor of the Town of Leesburg in Virginia, hereby proclaim September 15, 1988, as NATIONAL D.A.R.E. DAY in the Town of Leesburg, and request all citizens and all community organ- izations to DARE TO SAY NO. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Leesburg to be affixed this 13th day of September, 1988. At this time, Mayor Sevila presented Martha Mason -Semmes with a Certifi- cation of Appreciation. He thanked Mrs. Semmes for all her hard work and her expertise in her four years in the planning department. The Mayor and Councilmembers wished her the best of luck. Mrs. Semmes thanked the Mayor and Council for their remarks and said it was a hard decision to make but she was looking forward to staying home with her husband and children. PUBLIC HEARING ON AMENDMENTS TO LEESBURG ZONING ORDINANCE REGARDING REAR YARDS IN THE R-3 RESIDENTIAL DISTRICT Mrs. Semmes reported this legislation would amend our townhouse zon- ing district to reduce the requirement for the rear yard from 30 feet to 20 feet. This addresses a problem experienced by homeowners in a number of townhouse projects in trying to locate decks which are higher than three feet off the ground. Under our zoning ordinance as it is written now, any deck over three feet off the ground is counted as part of the townhouse and cannot extend into the 30 foot rear yard. The reduction to 20 foot rear yards would permit decks to be built. We have found this to be a particu- lar problem in a number of the townhouse projects designed to have second 1 1 1 59 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 story decks. The Planning Commission on July 7, 1988, recommended Council not adopt this particular legislation because they wanted Council and staff to consider an alternative means of providing for these decks on the back of townhouses. Lou Morrel, 205 Davis Avenue, Kings Chase development, addressing the issue said there were two things that could help. One, with a three level townhouse specifically we want to look at expansion of the living areas so, many people have purchased townhouses, because they could not afford to buy a house in the area because of the cost of land. The second issue is safe- ty -- these townhouses are quite high and this is definitely a safety fac- tor. Andy Metro, 339 Davis Avenue, Kings Chase development, spoke and requested that the legislation be restricted to uncovered deck areas only. He also was concerned about the safety factor. The public hearing was closed at this time; however, the Mayor reminded the public if they want to submit their comments in writing, the record will remain open for a period of 10 days. On motion by Mr. Tolbert, seconded by Mr. Clem, this item was referred to the Planning and Zoning Committee for further consideration. Aye: Councilmembers Clem, Forester, Loving Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None PUBLIC HEARING ON REZONING APPLICATION 11102 BY ADRIAN EDWARDS (FORMERLY FILED BY SAMUEL H. ROGERS, III Mrs. Semmes reported this is a proposed rezoning from County R-1 and A-3 which allows one unit per acre and one unit for every three acres re- spectively to Town R-1 which would permit a minimum of 10,000 square foot lots. The property contains approximately 5 acres located on the dirt part ' of Lawson Road south of Tuscarora Creek. The rezoning proposes a total of 9 lots with an average lot size of approximately 20,000 square feet. It also proposes the dedication of approximately 15,000 square feet of park land to the town at the rear of the property which would abut some park land which has been dedicated by the Fort Beauregard Corporation in an earlier rezoning. The signed proffers from the applicant have been re- ceived and cover a concept plan which shows the 9 lots and also includes an area for the preservation of steep slope areas on the property, and it includes the dedication of right-of-way and construction of improvements to Lawson Road itself, including the construction of a pedestrian trail. The applicant has proffered to provide $1,000 per lot for off-site road improve- ments, $100 per lot for fire and rescue services and $200 per lot for Ida Lee Park. Bill Neville, representing the owner, Mr. Adrian Edwards, spoke on a couple of major points. The site being considered is a small 5 -acre proper- ty best characterized by the projects surrounding it. Located to the north and west, the subdivisions of the Turner -Wilson property and Fort Beauregard, and to the south and east Tavistock Farms and the Leegate prop- erty. The property is located in an area very close to the proposed exten- sion of Battlefield Parkway which suggests it is at a transitional area between the land uses which are included in the Town Plan for this part of the Town of Leesburg. He said they have gone to great detail working with staff and the Planning Commission to address items which are specific to this site. The public hearing was closed at this time, however, the Mayor reminded the public if they want to submit their comments in writing, the record will remain open for a period of 10 days. On motion by Mr. Clem, seconded by Mr. Tolbert, this item was referred to the Planning and Zoning Committee for further consideration. Aye: Councilmembers Clem, Forester, Lovin, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None N MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 COUNCILMEMBER COMMENTS Mr. Lovin said the Board of Architectural Review met on August 15, 1988, and had approval of several signage applications. They also had quite a few residents attend concerning an application to demolish some existing homes on Edwards Ferry Road. He also said he attended the Loudoun County Chamber of Commerce breakfast on September 7 to hear a presentation regarding bringing the wastewater treatment standards up to a certain level. Mr. Clem reported on August 11 the Airport Commission met and through this meeting there was some discussion on rental rates. The chairman of the committee, along with the Assistant Town Manager, will write a letter to send to people renting space. Jim Haynes of Janelle Aviation discussed the vandalism of lights on the runways. The Airport Commission and Jim Haynes are concerned that they were never notified about the Tavistock Farm school project and they would appreciate a closer working relationship between the Planning Commission and themselves. The site plan for the new jet hangar facility is in and it should please the town. The negotiations for land acquisition for the airport clear zone and improvements are at a stalemate so we may have to start looking at condemnation. The Airport Master Plan contract is under review. The last item is that the fire compa- ny was asked on behalf of the Rollins family for a blood drive to be run by the fire company and on September 20, 1988, the Leesburg Volunteer Fire Company will host this in honor of Mr. Kenneth B. Rollins. Mr. Kimball said he would like to propose we develop a model for a listening session in which citizens could address one or two councilmembers in an informal setting and share concerns they may have with regard to the community. He requested this be referred to the Administration and Public Works Committee to work out proper scheduling and also gain approval of the full Council to participate in this activity. Mrs. Forester reported two things of importance -- one, the public hearing for the H-2 District will be held at the Planning Commission level this week and secondly, the Planning Commission's Zoning Committee is going to be sending Council a list of several areas they feel that they would like the opportunity to look at themselves and suggest to Council some ways that Council can help them in strengthening the ordinances that they deal with on a weekly or biweekly basis. She said she supported the Council Listening Session and thought it was a very good idea and was anxious to get it started. MANAGER'S REPORT Mr. Minor reported that Mr. Jay Hicks would be the acting Director of Planning, Zoning and Development during the interim period until a new Director is hired. He said Ms. Semmes would be on sick leave for six to eight weeks and, during this period, she will be available to the staff by telephone and occasionally to come into the office. Also, the town will be working on a contractual agreement to try and continue to receive her out- standing contributions to the community. He said he wanted to repeat his tremendous respect and admiration for Martha and his appreciation for the tremendous job she has done for the Town of Leesburg. He also mentioned some of her specific accomplishments (1) the off-site road pro rata formula to generate transportation proffers; (2) the Town Plan which was adopted receiving the top state award a couple of year ago; (3) the design competi- tion -- she was very instrumental in getting the NEA grant and coming up with a workable design solution for a very difficult problem; and (4) she helped organize the Planning Department into a modern and professional department when she became the Director. Mr. Minor said the town hired Sally Vecchio, Planner, and she reported to work the week of September 12. The town has an advertisement in REGARDIES magazine that will extol the virtues of Leesburg for quality development. Another interesting item was the town received the ICMA video and this will be screened following the Planning and Zoning Committee for Council. He said the LAMPLIGHTER will be mailed September 15. The Coun- cil will have an opportunity to award the construction contract on Ida Lee Park on October 28. Finally, he reported the LAMPLIGHTER will address the town's plans for meeting the parking demands during the construction of the Municipal Government Center/Parking Complex. Based on the schedule the town now has, work on this project will not began until after Christmas. r 1 7 I MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 LEGISLATION On motion by Mr. Clem, seconded by Mr. Tolbert, the following ordinanc- es and resolutions were proposed and unanimously adopted as consent items: 88-0-31 - ORDINANCE - AMENDING THE TOWN CODE REGARDING PARKING ME- TER ZONES FOR THE SOUTH HARRISON STREET AND VINE- GAR HILL PARKING LOTS WHEREAS, parking within the Vinegar Hill and South Harrison Street parking lots is limited to two-hour parking at any one time; and WHEREAS, the contract owners of Market Station have requested the Coun- cil consider increasing the amount of time a motorist may park at meters located in these two lots; and WHEREAS, increasing the time limit from two- to four -hours at these two parking facilities will afford customers and clients of Market Station and other retail and service establishments along Harrison Street and Loudoun Street a reasonable amount of time to complete their transactions: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-171 of the Town Code is amended to read as fol- lows: Section 10-171. Establishment of meter zones and parking time limits therein. Parking meter zones, with the following time limits for lawful parking, are established as follows: (1) West side of King Street, between Loudoun Street and North Street, for two-hour parking at any one time, except for that area designated at ' the northwest corner of King Street and Market Street as a "no parking here to corner" zone. (2) East side of King Street, between Virginia Power right-of-way and 180 feet south of Royal Street, for two-hour parking at any one time. (3) South side of Market Street, between Church Street and Liberty Street, for two-hour parking at any one time, except that the time limit for lawful parking shall be 15 minutes at any one time in front of the post on Market Street. (4) Municipal parking area between Wirt Street, King Street, Loudoun Street, and Market Street, for three-hour parking, except spaces designated for permit -only parking, four 15 -minute town office vistor spaces, and 25 ten-hour meter spaces. (5) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two-hour parking at any one time, except spaces re- served for official cars of the state and town police and the county sher- iff's her- iffs department. (6) North side of Loudoun Street, between Wirt Street and Church Street, for two-hour parking at any one time. (7) Municipal parking area known as Vinegar Hill Parking Lot between Loudoun Street and South Harrison Street, for tae -four hour parking at any one time. (8) Municipal parking area known as South Harrison Street Parking Lot between South Street and South Harrison Street, for two-four hour parking at any one time. (9) East and west side of South Harrison Street, between Loudoun Street and Depot Court, for two-hour parking at any one time, except as hereafter provided. (10) One space east side of south Harrison Street at southernmost point of parking bay in front of 202 Harrison Street, S.E., for up to ten-hour paid parking. 62 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 •(11) South side of Loudoun Street, between East Market Street -and 160 feet east of South Harrison Street, for three-hour parking at any one time. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION IFI. This ordinance shall be in full force and effect at the time modifications are made to the affected parking meter devices to re- flect this change. PUBLIC WORKS DEPARTMENT WHEREAS, labor market conditions in Northern Virginia have created difficulty in filling public works positions with qualified and long term employees; and WHEREAS, increasing in-house expertise is required to address town traffic engineering needs; and WHEREAS, long term incumbents are qualified to perform higher level duties; and WHEREAS, a reorganization of the engineering and public works depart- ment would provide the necessary expertise and appropriately utilize exist- ing personnel: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational group and pay grades, is amended to read as fol- lows: Sec. 12.1-10. Classification of town employees by occupational groups and pay grades Employees in the town service are classified in the following occupa- tional groups and pay grades: Occupational Pay Groups Position Grade Executive -Managerial Director of Engineering and 26 Public Works 6hief-ef-Pabiie-Werke 33 Director of Utilities 25 Director of Finance 25 Director of Planning, Zoning 25 and Development Assistant Town Manager 25 Chief of Police 25 Director of Parks and 23 Recreation Chief of Operations and Inspections Chief of Engineering 23 Law Enforcement Parking Control Officer 1 Police Officer 11 Corporal 13 Sergeant 15 Lieutenant 18 Captain 21 Administrative -Clerical Clerk Typist 3 Secretary 5 Accounting Clerk I 3 Accounting Clerk II 5 Administrative Secretary 7 Zoning & Development Asst. 10 Executive Secretary 10 Clerk of Council 11 Deputy Clerk of Council 7 Personnel Assistant 8 Supervisory Equipment Operation & Maint. 15 Superintendent Water Supply Superintendent 18 18 1 1 I1 FJ 1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 17 14 18 SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon adoption. 88-162 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE TO IMPLEMENT A REORGANIZA- TION IN THE ENGINEERING AND PUBLIC WORKS DEPARTMENT WHEREAS, the need for in-house transportation/traffic engineering is increasing as the town transportation system expands; and WHEREAS, recruitment efforts for positions in the current organization have proven ineffective; and WHEREAS, labor market conditions in Northern Virginia have necessitated a reorganization of the Engineering and Public Works Department; and WHEREAS, the reorganization includes the reassignment of current em- ployees' duties and reclassification of town positions: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The positions and numbers of employees in the town service established for the fiscal year beginning July 1, 1988, are amended as follows: Number of Full -Time Employees Positions Authorized LEGISLATIVE DEPARTMENT Clerk of Council 1 Deputy Clerk 1 63 Streets, Buildings & Grounds 17 Superintendent Utility Lines Superintendent 17 WPCF Superintendent 18 Technical Assistant Utility Plant 5 Mechanic Heavy Equipment Operator 7 Utility Billing Technician 8 Asst. Streets, Bldg. & 13 Grounds Superintendent Operator I 11 Operator II 10 Operator III 7 Operator IV 4 Asst. Ut. Lines Supt.(Maint.) 13 Asst. Ut. Lines Supt. (ISI) 13 I & I Technician 7 Senior Utility Plant Mechanic 11 Asst. Water Supply Supt. 13 Capital Projects Coordinator irr Capital Projects Rep. 14 Asst. WPCF Superintendent 13 - Senior Facility Inspector Facility Inspector 13 Zoning Technician 11 Systems Technician 8 Professional Chief Inspector 15 Public Works Engineer fl Engineer II 18 Engineer I 15 fl Chief of Comp. Planning 19 Planner II 17 Asst. Director of Finance 15 Zoning Administrator 18 Construction/Maint. Laborer 1 1.Maintenance Worker II 7 it Maintenance Worker I 5 17 14 18 SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon adoption. 88-162 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE TO IMPLEMENT A REORGANIZA- TION IN THE ENGINEERING AND PUBLIC WORKS DEPARTMENT WHEREAS, the need for in-house transportation/traffic engineering is increasing as the town transportation system expands; and WHEREAS, recruitment efforts for positions in the current organization have proven ineffective; and WHEREAS, labor market conditions in Northern Virginia have necessitated a reorganization of the Engineering and Public Works Department; and WHEREAS, the reorganization includes the reassignment of current em- ployees' duties and reclassification of town positions: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The positions and numbers of employees in the town service established for the fiscal year beginning July 1, 1988, are amended as follows: Number of Full -Time Employees Positions Authorized LEGISLATIVE DEPARTMENT Clerk of Council 1 Deputy Clerk 1 63 64 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 EXECUTIVE DEPARTMENT Manager Assistant -Town Manager Executive Secretary Personnel Assistant Administrative Secretary Clerk Typist FINANCE DEPARTMENT Director of Finance Asst. Director of Finance Accounting Clerk II Accounting Clerk I Systems Technician Utility Billing Technician POLICE DEPARTMENT Chief of Police Captain Lieutenant Sergeant Corporal Police Officer Administrative Secretary Secretary Parking Control Officer ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering and Public Works 6hie£-ef-Pebiie-Werke Administrative Assistant ENGINEERING AND INSPECTIONS Chief of Operations and Inspections Chief of Engineering Public Works Engineer Engineer II Engineer I Capital Projects Coordinator Capital Projects Representative 6hief-inspeeter Facility Inspector Senior Inspector STREET MAINTENANCE Superintendent Assistant Superintendent Maintenance Worker II Maintenance Worker I Laborer Laborer (Temporary) EQUIPMENT MAINTENANCE Superintendent Heavy Equipment Operator Mechanic II Mechanic I Laborer PARKS AND RECREATION Director of Parks and Recreation Secretary 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 7 5 12 1 1 1 1 } 2 1 1 1 3 1 1 1 } 3 1 1 3 5 8 1 1 1 1 1 1 1 1 2 1 Z 1 FJ rI u 65 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13 PLANNING, ZONING AND DEVELOPMENT Director Planning, Zoning and Development Chief of Comprehensive Planning Chief of Current Planning Zoning Administrator Planner II Zoning and Development Assistant Secretary Zoning Technician UTILITIES ADMINISTRATION Director of Utilities Senior Utility Plant Mechanic Administrative Secretary Assistant Utility Plant Mechanic WATER POLLUTION CONTROL Superintendent Assistant Superintendent Operator I Operator II Operator III Operator IV Laborer Laborer (Temporary) UTILITY LINES Superintendent Assistant Superintendent Assistant Superintendent Maintenance Worker II I S I Technician Meter Technician Maintenance Worker II Laborer Laborer (Temporary) WATER SUPPLY DIVISION Superintendent Assistant Superintendent Operator II Operator III Operator IV Laborer (Temporary) TOTAL PERSONNEL AUTHORIZED for IhI for Maintenance Full-time Part-time or temporary (expressed as equivalent to full-time staffing) 1 1 1 1 3 1 2 1 1 1 1 1 1 1 2 1 2 3 1 1 1 1 2 1 1 2 2 25 ph! 1 1 2 1 1 .25 129.75 7 1988 88-163 - RESOLUTION - AUTHORIZING THE DESIGNATION OF IDA LEE PARK AS A PUBLIC RECREATION AREA AND FOR ACCESS FUNDS TO BE ALLOCATED FOR AN ACCESS ROAD TO SERVE THE PARK WHEREAS, Ida Lee Park is owned and is to be developed by the Town of Leesburg as a recreational facility serving the residents of Leesburg and Loudoun County; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the right-of-way of the proposed access is owned by the Town of Leesburg and is made available at no cost to the State; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223, Code of Virginia 1950, as amended, MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 requires joint action by.the Director of Conservation and Historic Resourc- es and the Virginia Highway and Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access roads to publicly -owned recreational areas or historical sites; and WHEREAS, it appears to the Town Council that all requirements of the law have been met to permit the Director of Conservation and Historic Re- sources to designate Ida Lee Park as a recreational facility and further permit the Virginia Highway and Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223, Code of Virginia 1950, as amended; and WHEREAS, the Town Council acknowledges that pursuant to the provisions of Section 33.1-223, Code of Virginia 1950, as amended, this road shall be designated a "Virginia Byway" and recommends the Virginia Highway and Trans- portation Board in cooperation with the Director of Conservation and Histor- ic Resources, take the appropriate action to implement this designation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Director of Conservation and Historic Resources is requested to designate Ida Lee Park as a public recreation area; and to recommend to the Virginia Highway and Transportation Board that recreation- al access funds be allocated for an access road to serve said park; and SECTION II. The Virginia Highway and Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. SECTION III. Scenic Byway designation for the access road is supported pursuant to Section 33.1-62 et seq, Code of Virginia, 1950, as amended, and will be protected by the town. 88-164 - RESOLUTION - AUTHORIZING A CONTRACT FOR A WORK PROCESSING SYSTEM AND MAKING A SUPPLEMENTAL APPROPRIATION WHEREAS, the town contracted with Healthcare Communications, Inc. (HCI) on May 19, 1988, to provide consulting services for the design and develop- ment of a telephone and data communications system for the town's adminis- trative offices; and WHEREAS, a part of their services was to review and evaluate our cur- rent data communications system and provide the town with a proposal for the replacement and upgrade to a more efficient system; and WHEREAS, this proposal was received on August 25, 1988, and was trans- mitted to Council by memorandum dated September 6, 1988, with a staff recom- mendation for acceptance of said proposal. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to enter into an agreement with HCI for the acquisition of a word processing system for the town office as was outlined in HCI's proposal dated August 25, 1988. SECTION II. A supplemental appropriation in the amount of $5,555 is authorized from the Unreserved General Fund Balance to Account No. 200- 1214-700-070 to provide the funds necessary for the acquisition of the related hardware and software. 88-165 - RESOLUTION - APPOINTING A DEPUTY ZONING ADMINISTRATOR WHEREAS, Section 7A-1 of the Charter authorizes appointment of deputy zoning administrators; and WHEREAS, efficient zoning ordinance administration requires appointment of deputy zoning administrators to act in the absence of the zoning adminis- trator: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: rI1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 Kevin Lawlor is appointed a deputy zoning administrator to act in the absence of the zoning administrator. 88-166 - RESOLUTION - AUTHORIZING A PAVING CONTRACT WITH TRI -COUNTY ASPHALT CO. WHEREAS, sealed bids were solicited for the Town's 1988-89 Street Resur- facing program; and WHEREAS, Tri -County Asphalt Company was the low bidder for this work; and ' WHEREAS, the Director of Engineering and Public Works recommends award of the contract for street resurfacing to the Tri -County Asphalt Company: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to execute a contract with Tri -County Asphalt Company for street resurfacing in accordance with the bid documents and specifications issued by the Department of Engineering and Public Works for this work at a unit price of $28.35 per ton of S-5 asphalt for a total not to exceed $80,000.00 88-167 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR ROUTE 15 BYPASS IMPROVEMENTS WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the public improvements installed to date for Rt. 15 Bypass improve- ments at Battlefield Parkway and certified that the value of work performed is $389,927.27; and WHEREAS, a corporate surety bond from American Motorists Insurance Company in the amount of $480,718.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for ' Improvements to Rt. 15 Bypass at Battlefield Parkway: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company in the amount of $480,718.00 is reduced to $96,144.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds 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 responsibili- ties outlined in the contract for public improvements for Improvements to Rt. 15 Bypass at Battlefield Parkway. 88-168 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR BATTLE- FIELD PARKWAY, PHASE I WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the public improvements installed to date for Battlefield Parkway, Phase I and certified that the value of work performed is $842,685.52; and WHEREAS, a corporate surety bond from American Motorists Insurance Company in the amount of $847,522.00 has been provided by the developer and ' .approved by Council to guarantee installation of public improvements for Battlefield Parkway, Phase I: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company in the amount of $847,522.00 is reduced to $169,504.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds 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 responsibili- MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 ties outlined in the contract for public improvements for Battlefield Park- way, Phase I. 88-169 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE _ FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE POTOMAC CROSSING PLANNED DEVELOPMENT SECTION 1H WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the public improvements installed to date for the Potomac Crossing Planned Development Section 1H and certifies that the value of work per- formed is $212,235.10; and WHEREAS, a corporate surety bond from American Motorists Insurance Company in the amount of $270,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for the Potomac Crossing Planned Development Section 1H: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company in the amount of $270,000.00 is reduced to $54,000.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds 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 responsibili- ties outlined in the contract for public improvements for the Potomac Cross- ing Planned Development Section 1H. 88-170 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR THE 1988 LEESBURG TOWN PLAN UPDATE WHEREAS, the Council in Resolution No. 88-53 on March 9, 1988, initiat- ed amendments to the 1986 Leesburg Town Plan, entitled, "1988 Leesburg Town Plan Update", and referred the update to the Planning Commission for recom- mendation in accordance with Section 15.1-453 of the 1950 Code of Virginia, as amended; and WHEREAS, a joint public hearing of the Council and Planning Commission was held on the update on April 27, 1988; and WHEREAS, the Planning Commission on August 18, 1988, recommended to Council approval of the 1988 Town Plan Update with additional modifications and revisions, which have been incorporated into the update for the purpose of receiving additional public comment; and WHEREAS, the substantial changes to the update report since the April 27, 1988, joint public hearing warrant an additional public hearing on the report: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A public hearing on the 1988 Leesburg Town P1an'Update, as amended by the Planning Commission, shall be held at 7:30 p.m. on October 25, 1988, in the Council Chambers, 19 Loudoun Street, S.W. Leesburg, Virginia. The clerk shall give notice of this hearing in the Loudoun Times-Mirror on October 6 and October 13, 1988. Aye: Councilmembers Clem, Forester, Lovin, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None On motion by Mrs. Forester, seconded by Mr. Kimball, a resolution deny- ing rezoning application #ZM-101 - Allman Family Limited Partnership was proposed. After discussion, it was obvious there would not be enough votes for approval. Mr. Turner had no objection to withdrawing this item at this time. Therefore, on motion by Mr. Tolbert, seconded by Mr. Lovin, motion was made to refer this item to the Planning and Zoning Committee for fur- ther consideration on September 21. 1 L' 69 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 88-171 - RESOLUTION - ENDORSING THE ENVIRONMENTAL ADVISORY COMMISSION'S 1988 GOALS On motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu- tion was proposed and unanimously adopted as amended: WHEREAS, the Environmental Advisory Commission has developed a list of goals for the balance of 1988; and WHEREAS, these goals are summarized as follows: 1. Acquire "Tree City USA" designation for the Town of Leesburg. 2. Consider adoption of an ordinance that prohibits smoking in all public places within the town. 3. Direct the staff to encourage rezoning applicants to preserve trees though the proffer system. 4. Establish evaluation criteria and a formal method for processing recommendations to the Town Council for "Certificates of Appreciation". WHEREAS, Council has reviewed these goals and is in complete agreement as to their appropriateness: THEREFORE, RESOLVED by the Town of Leesburg as follows: The Environmental Advisory Commission's 1988 goals are hereby supported and endorsed as being consistent with the related objectives of the town. Aye: Councilmember Clem, Forester, Lovin, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None 88-172 - RESOLUTION - SUPPORTING THE CONCEPT OF AN ART -IN -PUBLIC PLACES PROGRAM On motion by Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and, after a brief discussion, was unanimously adopted: WHEREAS, the Town of Leesburg will award a construction contract this fall for a new municipal government center and recreation center at Ida Lee Park; and WHEREAS, the Loudoun Arts Council, Inc., has requested that the town fund an amount of up to one percent of the total construction cost for these projects for the inclusion of works -of -art; and WHEREAS, both facilities will adapt themselves well to the inclusion of artwork both inside the buildings, as well as outside, within the open spaces already incorporated in the design; and WHEREAS, the Loudoun Arts Council, Inc., desires to advise the Council on the design and location of these works -of -art: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This Council will consider including funds for public art of up to one percent of the total construction costs for the municipal government center and Ida Lee Park recreation center during its evaluation of the FY 1990 budget, subject to the amounts bid for both projects and the availability of funds. SECTION II. This Council shall solicit the advice and assistance of the Loudoun Arts Council, Inc., for the design of permanent works -of -art within the public spaces of the new municipal government center and Ida Lee Park recreation center and will encourage the temporary exhibition of paint- ings and other works -of -art within the reception areas and exterior open spaces. 70 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 SECTION III. The manager is authorized and directed to transmit a copy of this resolution to Mr. Thomas J. Horvath, President, Loudoun Arts Coun- cil, Inc. 88-173 - RESOLYTION - INITIATING AMENDMENTS TO THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING APPLICATION FEES On motion by Mr. Clem, seconded by Mr. Kimball, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the cost of planning and engineering staff review of subdivi- sions and site plans, as well as the inspection of the public facilities constructed in new developments, exceeded the revenue received from applica- tion fees in FY 88; and WHEREAS, the approved budget for FY 89 anticipates an increase in these revenues, in part due to anticipated fee increases; and WHEREAS, a report was prepared dated July 15, 1988, which compares Leesburg's._fees to those imposed in area jurisdictions and analyzes the town's costs for performing various review and inspection services associat- ed with the subdivision and development of land; and WHEREAS, Section 15.1-466(1) of the 1950 Code of Virginia, as amended, provides authority for towns to institute fees for the review of plats and plans; and WHEREAS, revisions in these fees will promote the public health, safety and welfare: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 13-54 of the Subdivision and Land Development Regulations is hereby initiated, said amendment to read as follows: Sec. 13-54. Fees. Fees and charges to be paid to the town for the review of plats and plans, for the inspection of facilities required to be installed by this Article and for variances shall be as follows: (a) For preliminary subdivision plats of 10 lots or less the fee shall be $300.00 plus $20.00 per lot or division of land. For preliminary subdivision plats of 11 lots or more, the fee shall be $500.00 plus $5.00 per lot. (b) For final plats the fee shall be $50.00 plus 42,40•$3.00 per lot or division of land plus the amount extended from the quantity of public improvements at the following rates: Type of Public Improvement Storm sewer Watermain Curb 6 Gutter Sidewalk Sanitary Sewer Streets Overlot Grading Other major utility facilities Unit Rate 40:46 $3.50 per linear foot 44D%43- $1.35 per linear foot 40.3-1- $0.60 per linear foot 40,3.1- $1.35 per linear foot 40,-7-8-$1.35 per linear foot 40,4-1-$1.20 per linear foot 448-.-80. $90.00 each lot 1% of construction cost (c) For preliminary development plans the fee shall be $500.00 Plus $10.00 per acre. (d) For final development plans the fee shall be 42-00•.00- $500.00 plus #3-.-00-$5.00 per acre plus the amount extended from the quantity of public improvements at the following rates: 1 1 7 L J i 1 1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 Type of Public Improvement Storm sewer Watermain Curb b Gutter Sidewalk Sanitary Sewer Streets Overlot Grading Other major utility facilities Unit Rate 4&.-46- $3.50 per linear foot 44.<r3• $1.35 per linear foot 44:3.1- $0.60 per linear foot 40•:3.4- $1.35 per linear foot 40:}8•$1.35 per linear foot 40.4 $1.20 per linear foot 44&.-50-$90.00 each lot 1% of construction cost (e) For combined preliminary/final development plans, which have been specifically authorized by the Land Development Official, the fee shall be 4600•$800 plus $10 per acre, plus the amount extended from the quantity of public improvements at the following rates: Type of Public Improvements Storm sewer Watermain Curb b Gutter Sidewalk Sanitary Sewer Streets Overlot Grading Other major utility facilities Unit Rate 40.46 $3.50 per linear foot 40.63 $1.35 per linear foot -$0,.3-€ $0.60 per linear foot 40-,3-1- $0.60 per linear foot 40.78 $1.35 per linear foot 40.6E $1.35 per linear foot 448.,50-$90.00 each lot 1% of construction cost (f) For minor modifications to approved final development plans or construction drawings, when authorized by the Director of Engineering, the fees hall be $100 per sheet requiring a change. Such modifications shall be for the relocation of utilities, landscaping or similar minor modifications. Minor modifications shall not be deemed applicable to the relocation or enlargement of any buildings shown on the final development plan, which shall require the submission of a new application. (g} For -LY�inBpe('C-�0[!9 41 - FOi�6®6[�fr6 iit?iOtf ilpOa OLig1081 -inepeo-t ioa were -€oun& -to -be. 4aul4y6 -0a-Saooaplate , -the -£ea -p&ih -by6 -tbe -eubdi*tider or leve lopes -shall be a num -equal -ta -wo c ime3 the Lhe -CSIDe -regtrfre4 -€or -true-reinspe.&Gionr bub -no-r, -lose -thou 45.=- -&)-i- -€final-inepeosioae -requested bg -subdi*ri.dass acrd devalopacs• -f-or-0a latenanOe boader _th&r-& -s"11, be -no -free anlese tufa 6lsaotoF 4£-fiagiaeetiag -funds -that. -tb,& -improvesent a aro ass-psepafed -&ad-r-aadg -£oF -sinal-inspectiour -in attiotu Mase r -she -f-es shall -be a -sum aqual -to -two -Gimes -Cha -regular-eceapeneesioo -€or -she -town amployee*a -time-saquirad -for -ine peet-ioe above -what- -would have bees-aaquiFed -had -Cha -improvemea" -been -prepared and -ready, -€or -€final-iaspeotioa -but- -no-t, ut-nor -€est- -than 42.5,OQ Ef} -For-applieat-ioo&-€or variaaees-€fled -under seofrioa-l3—Abr-the -fee -&hall- -be -$.14,00 (g) For review of public improvements not submitted as part s 9 cost. 71 72 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 SECTION II. A joint public hearing of both the Planning Commission and Council at which persons may appear and present their views shall be held on these proposed subdivision and land development regulations amendments beginning at 7:30 P.H., or as soon thereafter as the matter is reached, on October, 1988, in the Council Chambers, 10 Loudoun St., SW, Leesburg, VA. This hearing shall be conducted pursuant to both Section 15.1-431 and Sec- tion 15.1-29.14 of the 1950 Code of Virginia, as amended. The clerk shall give notice of this joint hearing and the Council's intention to consider the amendments in the September 22, 1988, and September 29, 1988, editions of the Loudoun Times-Mirror and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. It is requested that the Planning Commission report its recommendation on the evening following the public hearing. Aye: Councilmembers Clem, Forester, Lovin, Kimball, Hulokey, Tolbert Mayor Sevila Nay: None 88-174 - RESOLUTION - INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE REGARDING VARIOUS APPLICATION FEES On motion by Mr. Clem, seconded by Mr. Kimball, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the cost of administering and reviewing sign permits, rezoning applications, BZA applications, zoning permits and certificates, as well as BAR applications exceeds the fees received for these services; and WHEREAS, a report was prepared, dated July 15, 1988, which justifies an increase in these fees; and WHEREAS, Section 15.1-491(f) of the 1950 Code of Virginia, as amended, provides authority for towns to collect fees incident to the administration of a zoning ordinance; and WHEREAS, revisions of these fees will promote the public health, safety and welfare: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment.to Section 8A -25(b) of the Leesburg Zoning Ordinance is hereby initiated, said amendment to read as follows: (b) Filing of Application; Fees. Applications for sign permits shall be filed on a form provided by the Zoning Administrator by the applicant or his agent with the Zoning Administrator, shall contain information required herein, and shall be accompanied by a fee, of $25.00 for signs less than six square feet, $35.00 for signs more than six square feet and $35.00 for a temporary sign permit of any size 2s eetab1-1ahe4­ -ftp time- tot ire -b reeokrt ioo- of- -t� -Fova 1',«unofl . SECTION II. An amendment to Section 3B -4(e) of the Leesburg Zoning Ordinance is hereby initiated, said amendment to read as follows: (e) Application Filing Deadline and Fee Applications for Historic District Zoning Permits must be made on forms provided by the Zoning Administrator and must be accompanied by a filing fee of $20.00. asestsfrli�teed }�S`iesoi�rtiocrof t?oCo�xiri3. Complete applications must be submitted at least 14 days before the scheduled monthly meeting at which applicants request consideration. 1 1 1 73 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 SECTION III. An amendment to Section 9-3 of the Leesburg Zoning Ordi- nance is hereby initiated, said amendments to read as follows: 9-3 FEES. Fees and charges to be paid to the town for application for zoning permits shall be as follows: ' (a) For single- or multi -family dwellings to be newly erected, altered, reconstructed, enlarged or relocated, the fee for filing the application for a zoning permit shall be 44a5%00-$25.00 per dwelling unit. (b) For newly erected, altered, reconstructed, enlarged or relocated non-residential uses, the fee for filing the application for a zoning permit shall be 440:00 $50.00. (c) For newly erected, altered, reconstructed, enlarged or relocated accessory buildings, the fee for filing the application for a zoning permit shall be #5-.00-510.00. (Sections 9-3-1, 9-3-2 and 9-3-3 are reserved). SECTION IV. An amendment to Section 9-2-4 of the Leesburg Zoning Ordi- nance is hereby initiated, said amendment to read as follows: 9-2-4 A zoning certificate shall be secured from the Zoning Administrator prior to the reoccupation or reuse of any lot, building or structure in previous established use when such reoccupation or reuse is of a different character or type than that of the previous established use. The zoning certificate shall state that the extent and kind of use proposed to be made of the lot building or structure conforms ' to the provisions of this Ordinance and be accompanied by an application fee of $10.00. SECTION V. An amendment to Section 10-5(d) is hereby initiated, said amendment to read as follows: (d) Applications and Appeal Procedure. An application to the Board for a variance, or interpretation of the Zoning District Map, or any other case in which the Board has original jurisdiction under the provisions of this Ordinance, may be made by any property owner, tenant, governmental officer, department, board or bureau. Such application shall be filed in triplicate with the Zoning Administrator, who shall transmit a copy thereof, together with all the plans, specifications and other papers pertaining to the application, to the Chairman of the Board. Each such application shall be accompanied by a filing fee vf• #1-00• to-4efrer the tirost• -of- 4rocessitrg said app ifu ton , vtrtch �moucrC 91eg1-1 fie paid to- the D4m>eor ofnernce in the following amounts: $250.00 - Appeals $350.00 - Variances. $250.00 - Special Exceptions ' $100.00 - Conditionally permitted uses $250.00 - Temporary Uses All applications for a variance or special exception, shall include a disclosure statement, signed by the applicant and notarized, of the equitable ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest, including all applicants, title owners, contract purchasers, and lessees of the land described in the application, all partners, both general and limited, in any partnership, and, if any of the foregoing is a trustee, each beneficiary having an interest in such land, and in the case of corporate ownership the names of stockholders, officers and directors; provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or 74 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. 1. " Authority to Apply. An appeal to the Board may be taken by any person aggrieved by, or any officer, department, board or bureau of the Town of Leesburg affected by any decision of the Zoning Administrator relative to the administration of this Ordinance. Such appeal shall be taken within thirty (30) days from the date of the decision complained of, by filing with the Zoning Administrator and with the Board a notice of appeal stating the grounds thereof. A notice of appeal in triplicate shall be accompanied by a filing fee of $169 to defray the cost of processing said appeal, which amount shall be paid to the Director of Finance. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. 2. Action by Board. If the Board decides that there was an error in the order, requirement, decision or determination of the zoning enforcement officer as specified in the notice of appeal, the Director of Finance shall return the aforementioned fee to the appellant and no fee shall be charged for the appeal. If, however, the Board's decision is to uphold the order, requirement, decision or determination of the zoning enforcement officer, the Director of Finance shall retain the filing fee in the treasury. SECTION VI. An amendment to Section 11-2 of the Leesburg Zoning Ordi- nance is hereby initiated, said amendment to read as follows: 11-2 INITIATION OF AMENDMENTS: Amendments of the Zoning Ordinance shall be initiated only in the following manner: a. Amendments to the teat of the Ordinance and/or changes in the zoning boundaries or classification of properties shown on the Zoning Map may be initiated by the Council or the Planning Commission in accordance with the provisions of Sec. 15.1-493, 1950 Code of Virginia, as amended. b. Amendments to the zoning boundaries or classification of property shown on the Zoning Map may be initiated by property owners of the land proposed to be rezoned, by the filing with the Council of a Zoning Map amendment petition addressed to the Council, which petition shall be on a standard form approved by the Planning Commission and provided by the Zoning Administrator, and accompanied by a fee of $330, plus $20 per acre, $1600 for the first 20 acres plus $40.00 per each acre thereafter, and other material and data required in said form_ Zoning Map Amendment Applications shall include a disclosure statement, signed by the applicant and notarized, of the equitable ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest, including all applicants, title owners, contract purchasers, and lessees of the land described in the application, all partners, both general and limited, in any partnership, and, if any of the foregoing is a trustee, each beneficiary having an interest in such land, and in the case of corporate ownership the names of stockholders, officers and directors, provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. ii 1 1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 13, 1988 SECTION VII. A joint public hearing of both the Planning Commission and Council at which persons may appear and present their views shall be held on these proposed Zoning Ordinance Amendments beginning at 7:30 P.M., or as soon thereafter is the matter is reached on October 25, 1988, in the Council Chambers, 10 Loudoun St., SW, Leesburg, VA. This hearing shall be conducted pursuant to both Section 15.1-431 and Section 15.1-1129.14 of the 1950 Code of Virginia, as amended. The clerk shall give notice of this joint hearing and the Council's intention to consider the amendments in the September 22, 1988, and September 29, 1988, editions of the Loudoun Times- Mirror snd shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION VIII. It is requested that the Planning Commission report its recommendations on the evening following the public hearing. Aye: Councilmembers Clem, Forester, Lovin, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None On motion by Mr. Kimball, seconded by Mr. Lovin, Council voted unani- mously to go into executive session pursuant to Section 2.1-344(a)(2) of the 1950 Code of Virginia, as amended, to discuss the acquisition of real property. The following staff were requested to attend: Town Manager, Assistant Town Manager, Director of Planning, Zoning and Development, Direc- tor of Finance and Town Attorney. Aye: Councilembers Clem, Forester, Lovin, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Council returned to regular session with no action taken. ' On motion made and duly.seconded, the meeting was adjourned. Clerk of I uncil sw 1 Mayor 75