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HomeMy Public PortalAbout1989_05_23 i 281 . MINUTES OF THE REGULAR MEETING OF THE J.RFSBURG TOWN COUNCIL May 23, 1989 . A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on May 23, 1959 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert and the Salute to the Flag by I Councilmember Kimball. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin, and John W. Tolbert, Jr. Absent was Councilmember William P. Mulokey. Also present were: I Town Manager Jeffrey H. Minor, Assistant Town Manager Steven C. Brown, Director of Planning Zoning and Land Development Katherine Imhoff, Director of Engineering and Public Works Thomas A. Mason, Director of Finance Paul York, and Director of Utilities Randolph W. Shoemaker Petitioners tj Jrii Mr. Royce Givens - representing T. C. Ventures addressed the Connell pointing out some discrepancies that he found in the Council packet. The fiigt item was that there was no summary of the former public hearing. Mr. Givens stated that throughout the procedures:there has been, what appears to be a conscious effort by town staff not to include anything on behalf,of the petitioners, but simply to include only things on behalf of the staff, who from the outset have opposed this rezoning. He noted a letter from one of the co-owners of the property, which was omitted from the packet. Mr. Givens asked that this letter be made a part of the packet; at this time. Mayor:Sevila - noted that he did receive a copy of this letter in his packet. Mr. Givens • stated if information is to be forwarded, it should be complete and reflect both sides of an issue. !He feels that staffs position is not to take sides, but to present facts before the Council, who should then make the ultimate decision. The presentation should not be associated as to present only I ne side which he feels is the case in this circumstance. i Mayor Sevila - asked Mr. Givens if he had anything to support this, fuither stating that this was a serious charge. Mr. Givens stated that when the staff report was given to him, it did not contain anything except the staffs negative recommendations. Mayor Sevila - said that perhaps staff is making ' a negative recommendation on the rezoning. Mr. Given's said that he felt tliat staff should make recommendations but should also include what documentation comes to the staff so that Council can have a full flavor of the issue. Staff should not filter things that they do not feel can support their position. Mr. Givens - said T. C. Ventures understands, there will be two councilmembers who will not vote on this issue, one by reason of a family relationship with one of the applicants and the other by a position on one of the boards of the projected purchaser)of this property. Mr. Givens asked Mayor Sevila, to perhaps excuse himself by reason of his prior business relationships with the developer of I Cedar Walk, who is one of the major complainers. Fred Hetzel, Sr., - a resident of 210 Cornwall Street, N.W, addressed the Council. He stated that after some two years of haggling back and forth, the town's contract to pave the Cornwall Street, is finally underway. Mr. Hetzel and Colonel Grenata thanked and congratulated Council on getting this work done. Mr. Hetzel said he read in a local paper, than there was some concern about the lack of standards that the EAC was using for awarding plaques to private and non-private citizens and businesses in our community. He said that as a member of the EAC there was absolutely no conflict, whatsoever, on this matter and agreed with the recommendations that the EAC develop standards that are strict and fair and will be acceptable to everyone, whether private or public) II Councilmember Comments I Mr. Lovin - stated that he had been out of the country for the past ten days and wished to ff compliment Mr. Mulokey on his efforts in obtaining the$10;000 contribution, to the George C. Marshall IFoundation, by one of the German brewery firms. �1 Mr. Clem - reported on the May 11 Airport Commission meeting. He stated that the , , celebration of Aviation Safety Week, was well received at the airport. Mr. Clem'noted that the Jet 1 • Hangar is progressing well and is on schedule. The bid for the runway lengthening was awarded to i English Construction at a cost of$500,000.00 under the engineering estimate. There will be an aviation conference in Roanoke, Virginia on August 23, 24 and 25! Mr. Clem plans to attend. Finally, Mr. Clem complimented the Leesburg Police Department for their excellent job on Route 15 South on Saturday, where unfortunately, Leesburg lost a fire truck in an accident. ° ' I 282 • 1 Minutes of the regular Council meeting of May 23, 1989 Mr. Kimball - stated that on Thursday, he expected to be in Richmond for the VMI, meeting on the Transportation Legislation Policy Committee. Mrs. Forester - thanked Gary Huff and the parks and recreation department for a Day in the Park. She reported that the Planning Commission has deferred discussion on the revised zoning ordinance until after the workshop on June 17. Mrs. Forester thanked Mr. Minor and the town for the clean-up on Sunday after the carnival moved out of town. She stated that there was somewhat of a mess left from the carnival and that the town's street department was sent to clean-up the parking lot in front of the Giant. Mrs. Forester noted that she will also be in Richmond on Thursday for the VML Human Development Policy Committee meeting. On behalf of one of her neighbors, Mrs. Forester wished to compliment Officer Andy On of the town's police department, for his handling of the situtation and the recovering her neighbors stolen bicycle. Mr. Tolbert - as chairman of the EAC, concurred with Mr. Hetzels' remarks. • Mayor's Report Mayor Sevila - reported on the groundbreaking for the new town office, stating that it was held in the rain and asks everyone to bare with the town during the construction of the new building and parking facility. He also noted that Memorial Day was Monday and the Goose Creek Kiwanis had a Memorial Day, Tay in the Park" planned. I • • Mayor Sevila and Mr. Tolbert presented a Certificate of Appreciation to Mr. and Mrs. Wedemeyer, owners of an older home located at 403 South King Street, which the Wedemeyers remodeled and rehabilitated. The results are very attractive and•make a lovely addition to South King Street. Mr. Tolbert also congratulated the Wedemeyers. Mayor Sevila also presented a certificate of appreciation to Joe Ritenour, representing the Southern Exchange, for the work done at the old Southern States building, now known as the Southern Exchange. Mayor Sevila stated that this property was renovated and made into very attractive shops and is also a very viable economic addition to downtown Leesburg. • Manager's Report Mr. Minor - reported that the Council did receive the written Activity Report on Monday and highlighted a few items from the report. He stated that the downtown parking brochure is at the printers and should be back in a couple of days. Mr. Minor noted that the removal of the asphalt on the town's parking lot began today. The contract with Gordon Associates was signed for the contracted plan review in the engineering department and the first ten sets of plans were given to Gordon for review. Within two weeks these plans should be returned to the town with comments. Mr. Minor stated that staff is confident that in mid to late summer, per review should be 45 to 60 days. The sewer plant upgrade design RFP was prepared by Mr. Shoemaker and given to the review team. A pre-proposal conference with potential designers for this project will be held 'on June 5 with bid opening on June 27. PUBLIC HEARING - PROPOSED BUDGET FOR FISCAL YEAR 1989 - 1990 Mr. Minor presented a staff report briefing Council on various elements of the budget. He stated that the proposed budget for Leesburg does include a tax rate of 18 cents per $100 of assessed value. The re-assessment in Leesburg is approximately 34% across the board. County-wide, the County reported an increased average of approximately 16%. Using the 15% increase and taking a $130,000 home, would now make the home $149,500. Based on the 18 cent tax rate, that would add $35 to the tax bill or $2.93 per month. Mr. Minor stated that it was appropriate to compare Leesburg with other jurisdictions and in this instance, we have compared ourselves graphically to Herndon, Vienna, and Falls Church. Mr. York. then explained a graph, comparing Leesburg to these jurisdictions. Mr.York- explained various charts which show the town's assessed value, growth and revenues and expenditures in the General Fund. He stated that in 1980, the town's total assessed value for all real estate was approximately $157 million, this next fiscal year 1990 the town is projecting that the total value of the real estate in the town will approach $1,409,000,000.00. In 1988 Leesburg's total assessed value was approximately $700 million, within two years the town has essentially doubled it's tax base. Mr. York also pointed out that the town has retained the same tax rate for the last six fiscal years. 283 Minutes of the regular Council meeting of May 23, 1989 Mr. York explained the town's general source revenues for FY 90. The town projects to take in approximately $9 million dollars with the source of these revenues coming from various forms of • revenue. Primarily, personal and real estate taxes account for 33% of the town's general fund, fines and forfeitures account for 1%, other taxes, such as, meals taxes, transient occupancy taxes, business licenses account for 20%, monies that the town takes in from other fund operations, such as, utility, and airport funds account for 8%, intergovernmental revenues account for 17% and revenues from use of resources account for approximately $600,000. Mr. York explained the general fund revenues that are proposed for the next fiscal year. The total general fund budget next year is $10,281,718.00. This is made up primarily from the categories of general government, which includes, administrativegovernment, de Council, police de ent, arrgest finance, the Town paitm parks and recreation department, the largest operation by far, is the engineering and public works department, planning and zoning department, debt service and non- departmentaL Mr. Minor - stated that the ending fund balance was an important statistic and explained that the ending fund balance, projected, is about $983,000.00. This fund will be used as a revenue for next year in the General Fund. The projected fund balance for'the end of next year (FY 90) is $251,000.00. This amount will include the sale of surplus property on Harrison Street,which'the town may or may not choose to sell. • An important part of the town's overall tax and budget policy is the tax relief for the elderly program. Mr. Minor stated that this program is eligible to elderly and disabled persons and briefly explained the program. In terms of personal services, this year the town has proposed an addition of 19 new positions, with the largest increases in the police department. Also proposed in this budget is a 5% cost of living adjustment for employees. The $9 million bond issue is proposed to complete financing on some major capital projects. These include the municipal government center/parking facility, Ida Lee Park, West Loudoun Street storm drainage improvements, Phase VI stormro project and the drainage P ] airport improvements. I ' Mr. York - , explaineda chart depicting the town's availability and connection fees that the ! town collects from the development community to help fund the town's utility operation. He said that next year the town expects to receive almost $4 million in availability and connection fees. Mr. Minor - said that the town is projecting a working capital of approximately $5 million by 1992. There will be a small bond issue to help finance the 6 mgd plant expansion. He further explained a chart depicting user fees. Leesburg's current rate per 1000 gallons for water/sewer is $3.48. Mr. Minor - concluded by explaining what some of the accomplishments and programs that the FY 1990 budget will do. First, to accelerate the land development review process to meet Virginia statutes, better transportation planning, improved planning and control over urban design in character of growth, the new indoor pool/gymnasium complex at Ida Lee Park, improved right-of-way maintenance and new landscaping programs along the bypass and other major entrance corridors, new sewer and water capacity, the new storm drainage projects, and the preservation of Dodona Manor. Mayor Sevila - stated that this was the eighth budget that he participated inand that this was the largest crowd that the town has every had for a budget hearing. Walter Murray - wished to speak of a couple of items on the proposed budget, the first being the full time horticulturist. He feels that this position should be contracted out, further stating that there were only three things that had to be done to trees. Spraying, feeding and pruning and there were only certain times of the year that these functions can be accomplished. He said that the Vo Tech school had a horticulturist department and suggested the town hire these students each year during the summer months to take care of the town's plantings. Mr. Murray also mentioned the public relations position, stating that this'position should be evaluated and thought about more before hiring someone. • h 284 ! ` MINUTES OF MAY 23, 1989 MEETING. lY I Hubbard Turner, 1107 Bradfield Drive, commended the town for its efforts in preparing the budget - last year there was a surplus, but this year they are project- ing a deficit. The Utility Fund seems to be running with a surplus, but it is hard • to forecast with all the development that is going on. Assessed values are close to one-quarter billion dollars. It looks like assessed values will increase, thus the I, property taxes will increase, even though wages remain constant. Real estatein conI. have increased something like 32 percent since 1987. His own assessment has in- creased. He asked how much revenue comes from residential versus commercial? Mr. Minor explained that the town and county assessments are not segregated. Mr. Turner felt we should levy the tax butden on the residential sections . He has done a pro- . jection observation as to total taxes paid for three groups of homeowners and cited I figures for these, adding that people are "locked up" to the hilt. Also, if we Ilshould have a decrease in assessments, with all the rapid development, this money would have to be made up somewhere. The government gets paid first . If you miss Ii your tax payment , they can foreclose at a Sheriff's sale. In the State of Virginia, �f most of us have a deed of trust on our property - the trustees can foreclose on the 1 property if you miss two payments. If taxes get to the point where people are forced to sell their homes, we have a serious problem. We are talking about a lot of mon:y at 88 cents per $100 assessed value . Loudoun County is lovely, with a lot of people, but we just have to get things under control. He was also disturbed about Leesburg Airport - it looks like it is .showing future deficit projections. He would like 11 clarification gf FAA grants being provided to the Leessee. Mayor Sevila said he would ask staff to answer his questions. • Mr. Turner also noticed that the aircraft � at the Airport is taxed at only $10 a year - the Airport should tax its. own to give it support. He hoped Council would give serious consideration to some of the com- :1 ments he has made. Marc Weiss, a resident of Leesburg and business owner, said that the proposed 1 contribution to the Bluemont Concert Series is $7,500 - he requested an increase to I $10,000. They are in the process of soliciting contributions from businesses and from the private sector - these will far exceed contributions from local government. 1 This is an investment in economic development for Leesburg. During the last five years the program has grown and average attendance has more than doubled. Expendi- tures for performers has increased many times more than this. The Bluemont Concert 1 Series has been a good cultural activity for Leesburg and Loudoun County. With the Town making a larger investment in the revitalization of the downtown 'area, it makes good sense to make a small investment in this activity.1 . Alex Green a resident and business man in town, felt Council should perceive this as a small amount of money relative to the performance of the series. They have not asked for anything since 1974 and asked them to reconsider and put up this .amount of money. The business community contributed $17,000 last year - this is a significant increase over last year.. The attractiveness of Leesburg is certainly enhanced by some of the quality and culture of the Bluemont Concert Series. Peter Dunning announced that the concerts this summer start on June 25th - the schedule is at the printers now. They have an extraordinary program this summer - it is something they will all be proud of . He invited everyone to come to the first concert, as well as to the others. Mr. B. Powell Harrison said we are on the threshold of one of the biggest enhance- ments of a lifetime. Council appointed a committee to look into General Marshall's house and they came up with a plan that has been adopted. The Town is in the process- of rocessof implementing it . This is the most exciting thing he has ever done and it has thc: earmarks of being the most successful thing he has ever done in this community. The name "Marshall" opens any door you want . They have decided on an Advisory Committee to help raise money - they want the support of all the people who knew him and worked with him. Out of 26 they invited, 24 responded, including Captain Wineberger and Walter Kronkite. This has become international in scope to a degree he never thought possible. They have all the major European countries - Great Britain, France, Italy, Belgium, Norway, Germany - all the major ones have joined. They decided they want to give something back to America for what General Marshall did for them. It has I been incredible - somebody from Texas sent a check for $1,000. Some of the biggest businesses in this country have responded. Some people want to set up appointments so we can meet them and talk to them - the response has been overwhelming. Think what this will do for Leesburg - people will come from all over the country to see this property. Leesburg will really be on the map about a year from now when this job is complete. He hoped everybody would really get in the spirit and work with them. It will be a major success that everybody can be proud of. Meagan Boidock of Hamilton said this is a National property. 285 MINUTES OF MAY 23, 1989 MEETING. Judy Ferguson, Co-Chairman of First Night Leesburg, thanked staff for the in- crease in the budget toward their event from$1,500 to $2,500. She distributed an ac- counting for last year' s event, where they will see that they raised enough money to cover the event , as well as seed money for next year. She said performers' fees will be going up this year. Many of them have donated their services or performed for a very reduced fee =- to:- help them get off the ground. They plan to continue that trend to get bigger and better. They want to add some performers to the event to take advantage of the roads being closed. They also need to put aside some money for the year when good weather does not look kindly upon them. The gate would decrease • dramatically if we had a major snow storm. They are excited about continuing this event - it 's a good way to end the year in a beautiful town. Last year they raised almost $8,000 from the business community - this was up by about $6,000. They plan to continue with this. _ Mrs. Claire Kincannon, Chairman of the Board of Directors of the Loudoun Museum, expressed her appreciation to Mr. Minor and Mr.. Rio for being so responsive to their needs concerning the location of the trailer. She gave a complete history of the Mu- seum from the time it started in the building the town owned on the corner of Loudoun and Wirt Streets, through the purchase of the Odd Fellows Hall by the town so the Mu- seum could expand and its growth and success to the present time. She felt thea% iiere bringing a very nodest budget request. During the first years of the Museum, hun- dreds of people came through the Museum - last year there were 20,000. Her personal goal is to make everyone aware of them by asking for membership and participation. The membership has doubled. Under the direction of education specialists, they have an additional program that informs any small museum in the state. They will take this program to the schools and explain this to the children. It is related to things they are using and wearing today. Last year there were some 2500 students who had programs introduced to them. There are many courses offered and many events. They have a grow- ing volunteer program, using many of the local residents. They sponsor a County-wide art exhibit. There is a Loudoun County weavers group - the Waterford Weavers, who give demonstrations. They will be initiating an Artist in Residence program this year in July. There is also a genealogy club and various non-profit organizations that take advantage of their meeting room to hold formal meetings. Physical improvements are being completed in the office now. One of their goals is to complete the final phase of renovation on the second floor. This will allow them to bring to Leesburg travel- ling exhibits and hold other events. Their biggest undertaking is the joint effort with Oatlands to present "Rosemont. " Laura Dutton serves on this committee. Shop owners in Leesburg have noticed an increase in activity by those coming to Rosemont. The Museum is an integral part of the changing town. • • les Minutes of the regular Council meeting of May 23, 1989 Kenneth Robinson - a member of the Parks and Recreation Commission, requested the Council's continued support for the parks and recreation department's budget. He further stated that what is being accomplished, as a result of the fine work by Mr. Huff and his department and the outstanding program that is now beginning to take place, is certainly an investment in the town's future. Mayor Sevila - said he received a letter relating to the budget, from John A. Wallace, Jr., of • Wallace and Watts. This letter was made a part of the record and will be copied to members of the Council prior to the budget workshop scheduled for June 14. This concluded the public hearing on the FY 89-90 budget. On motion by Mr. Tolbert, seconded by Mr. Lovin, further action on the budget was then deferred until the June 14, 1989 workshop and thereafter until the next regular meeting of Council Aye: Councilmember Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay None Legislation On motion duly made and seconded, the following ordinance was unanimously adopted. 89-0-11 - ORDINANCE - AMENDING THE TOWN CODE REGARDING TERMS FOR PLANNING COMMISSIONERS WHEREAS, Section 15.1-437 of the 1950 Code of Virginia, as amended, provides that local governing bodies may establish different terms of office for initial and subsequent appointments to Planning Commissions; and WHEREAS, this Council desires to establish two-year terms for Planning Commission members THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 13-16 of the Town Code is hereby amended to read as follows: Section 13-16, Re-established, composition, appointment, qualifications and terms. (a) The Leesburg Planning Commission is hereby recreated and re-established. The Commission shall consist of seven members appointed by the Council for terms of four years each for appointments existing as of July 1, 1989, who shall be residents of the town at all times during their terms. Thereafter members shall be appointed for two-year terms. A majority of the members shall be • freeholders owners of real property within the town qualified by knowledge and experience to make decisions on questions of community growth and development. One of the members may, be a member of the Council whose term of office shall correspond to the members term of office as councilmember unless the council at the first regular meeting after July 1 each year appoints another member to serve. Vacancies shall be filled by appointment for the unexpired term. Each member of the Planning Commission shall take an oath of office. SECTION H. All ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in full force and effect from and after its passage. Aye: Councilmember Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion of Mr. Clem, seconded by Mr. Tolbert, the following ordinances and resolutions were proposed as consent items and unanimously adopted. 89-0-12 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE TO ADD ADDITIONAL METERED PARKING ON LIBERTY STREET WHEREAS, construction of the Municipal Government Center will require that additional • parking spaces be provided in the downtown area; and WHEREAS, the existing public works facility on the south end of Liberty Street will be vacated and relocated to the new facility on Route 7; and 287 1/4 Minutes of the regular Council meeting of May 23, 1989 WHEREAS, the old public works facility will be converted to a parking facility THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-171 of the Town Code is hereby amended to read as follows: (12) Municipal parking area on the south end of Liberty Street, for three-hour parking, except spaces designated for permit-only parking. SECTION H. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon completion of the Liberty Street parking facility. Aye: - Councilmembers Clem, Forester, Kimball, Lavin, Tolbert and Mayor Sevila Nay: None • 89-0-13 - ORDINANCE - AMENDING SECTION 2-86.1 OF THE TOWN CODE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 2, Article VI, Department of Finance, Section 2-86.1 of the Town Code is hereby amended as follows: Sec. 2-86.1. Bad Check Fee. The finance director is authorized to collect a fee of*09 $20.00 for uttering, publishing or passing of any check or draft for payment of town taxes or any other sum due, which is subsequently returned for insufficient funds or because there is no account or the account has been closed. This fee is to be collected from the person who gives a check or draft for such payment. The finance director may also refuse to accept checks as a form of payment from anyone who has twice given such checks to the town within a period of two years. SECTION H. This ordinance shall be in effect upon its passage. Mr. Kimball - asked if the Finance Director could waive this charge in the case of an oversight on an individual, stating that people do make honest mistakes. Mayor Sevila stated that this waiver would have to come from some other provision of the Town Code. Mr. Minor - stated that if the amount was for only $5.00 and there was clear evidence that somebody did not intentionally present the town with a bad check, then the fee could be waived. 89-98 - RESOLUTION - OFFERING COMMENTS ON PLANS TO CONNECT THE DULLES TOLL ROAD TO THE LEESBURG BY-PASS WHEREAS, the Toll Road Corporation of Virginia has filed an application with the Commonwealth Transportation Board pursuant to Section 56-544 of the 1950 Code of Virginia, as amended, for appropriate authority to construct and operate an extension of the Dulles Toll Road to the Leesburg by-pass; and WHEREAS, by Council Resolution No. 87-98, adopted May 20, 1987, the Leesburg Town Council unanimously endorsed the Leesburg terminus for the Dulles Toll Road extension; and WHEREAS, the Council has previously endorsed both the Virginia Department of Transportation and the Toll Road Corporation of Virginia, in their efforts to design and fund a toll road extension to Leesburg and WHEREAS, a public hearing will be held on June 7 in Leesburg on the proposed plans to extend this important transportation facility; and WHEREAS, by Resolution No. 89-38, adopted February 14, 1989, this Council listed six concerns relevant to the Virginia Toll Road Corporation application, of which'several remain unaddressed to the satisfaction of this Council; and WHEREAS, this Council has outstanding concerns relevant to both the public and private sector plans for this facility THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: I ass •Minutes of the regular Council meeting of May 23, 1989 The following are endorsed as comments on the Virginia Department of Transportation and Toll Road Corporation Dulles Toll Road Extension proposals: A. VDOT (Proposed Plan) Comments 1. Interchange with Route 15 by-pass The cloverleaf is a desirable interchange at this location and will provide the A large partial cloverleaf is shown with highest service leveL This design also enough R.O.W. for future cloverleaf inter- provides the flexibility needed to provide change and collector-distributor roads as additional ramps to extend Harrison St. indicated on the VDOT plan. 2. Interchange with Battlefield Parkway is shown as While this design would provide "diamond" interchange. marginally better service, it will not meet airport development objectives (see comments for toll road alternatives). 3. VDOT has proposed a plan to install a toll A toll booth located at this location booth on the collector and distributor roads would cause considerable traffic back-up at the Rt. 15 by-pass and the toll road onto Rt. 15 by-pass. intersection. B. The Toll Road Corporation of Virginia (Proposed Plan) 1. Interchange with Rt. 15 by-pass This interchange would generate significant back-ups for traffic entering North side of Rt. 15 by-pass would be the toll road and is not currently signalized intersection with no right-of-way recommended. A partial cloverleaf for future cloverleaf interchange, or flyover interchange would be acceptable. 2. Battlefield Parkway interchange is proposed The design of the Battlefield Parkway to be a modified partial cloverleaf (parclo) interchange is severely constrained by the interchange. Leesburg Airport and the J. Lupton Simpson Middle SchooL A full cloverleaf interchange would deny direct access to the Kay property on the west side of the airport which would affect the necessary land dedications. Also a full cloverleaf alignment with the preferred Toll Road Corporation alignment on the western edge of Kay property would encroach upon•school property. While the parclo interchange will not provide the same level of service as a full cloverleaf interchange (Leesburg's Rt. 7 east inter- change illustrates this) it may be the only acceptable alternative to affording access to our airport and meeting the land • dedication requirements of the private toll road alternative. This design was developed by the town's airport con- sultants HNTB in an effort to work with Road Corporation to identify access alternatives for the airport. 3. The Toll Road Corporation plans no toll The location of main toll booths outside booths between Rt. 15 by-pass and the Leesburg corporate limits as shown the Battlefield Parkway (Rt. 654) by the Toll Road Corporation is preferred. C. Additional Council Comments 1. The schedule for completion submitted by the Toll Road Corporation provides for completion of the toll road to Leesburg by the end of 1992 which improves on the VDOT estimate by 18 months. The town believes that both time schedules will be difficult to achieve. 2. Neither VDOT nor Toll Road Corporation proposed plans address right-of-way reservations for commuter parking and/or a future light rail station in Leesburg. These important reservations need to be addressed at least initially at this stage. 289 I 1 Minutes of the regular Council meeting of May 23, 1989 3. Both VDOT and Toll Road Corporation proposed plans shown the interchange with Route 654 (Battlefield Parkway realigned) as a "future" interchange which will not be constructed initially. This is acceptable. 4. To continue the growth of our airport, a significant economic development asset for the town, land for aircraft facilities adjacent to the airport must be preserved. A different set of FAA standards will be applied to our airport as it develops. These standards call for a 750-foot building restriction Iline to the west of the runway. Because the VDOT alignment is closest to the airport (within 800 feet of at the northwest corner), it provides fewer opportunities for aeronautical uses west of the airport. There is limited available land east of the airport for these uses. The Toll Road Corporation alignment and interchange design afford sufficient land for airport growth opportunities and is, therefore, preferred. D. Previous Comments on the Toll Road Corporation Proposal Not Addressed. 1. Traffic Study: The use of any town land use projections is not recognized in the revised i application. COG and Loudoun County studies only are referred to in the application. 1 2. By-pass Impacts: The Toll Road Corporation should not wait for revenues from the toll road to generate the necessary funds to assist Leesburg with the four-laning of the Leesburg by-pass. This by-pass will carry significant traffic from the north to the toll road and is presently operating during peak hours at service level "C". Additional traffic from the toll road will obviously exacerbate an already existing traffic and safety problem, inherited by the town. Adding $2 million of the $3 million needed to widen the by-pass to the $145.6 million cost for the toll road extension will only increase costs by 14%. The town could easily credit this amount to The Toll Road Corporation from any future distribution of excess profits to the town. The same requirement should equally be imposed on VDOT, which built the road. 89-99 - RESOLUTION - WAIVING FEES FOR LOUDOUN COUNTY LAND DEVELOPMENT APPLICATIONS WHEREAS, for over fifteen years the town has informally waived fees for county land development applications; and WHEREAS, Loudoun County Board of supervisors on May 1, 1989 formally adopted the fee waiver policy effective September, 1988; and WHEREAS, as a result of the adopted county policy the town will be reimbursed $15,163.40 for permit fees paid for Ida Lee Park and will not be required to pay the $34,960.24 building permit fee for the new municipal government center; and WHEREAS, the county's policy is contingent upon Leesburg taking formal action to waive its fees for county applications. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The land development review fees for Loudoun County government applications are hereby authorized to be waived. • • 89-100 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO SUBMIT AN APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS FOR A (DESIGN ADVANCEMENT) MATCHING GRANT TO CONDUCT AN ARCHITECTURAL SURVEY OF THE PROPOSED H-2 HISTORIC CORRIDOR OVERLAY ZONING DISTRICT WHEREAS, the Town Council has proposed a zoning ordinance amendment to establish the H- 2 Historic Corridor Overlay District to protect certain corridors from incompatible architecture and ; ' poor design and WHEREAS, an architectural survey will be a useful process to ensure effective design review which will be compatible with the historic district; and WHEREAS, the National Endowment for the Arts provides matching funds for conducting design competitions; and WHEREAS, applying for rnatrhing funds does not reduce the Council's flexibility in the timing of implementing the proposal for the H-2 Historic Corridor Overlay District: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: i 290 Minutes of the regular Council meeting of May 23, 1989 The Council hereby authorizes the Town Manager to submit an application to the National Endowment for the Arts for a Design Advancement matching grant for conducting an architectural survey of the proposed H-2 Historic District Overlay Zoning District. 89-101 - RESOLUTION - ADOPTING A PLAN FOR DEVELOPMENT OF THE LIBERTY STREET PARKING FACILITY • WHEREAS, the engineering firm of Paciulli, Simmons & Associates, Ltd., prepared drawings proposing a parking lot;layout for the conversion of the former Liberty Street town shop property to a surface parking facility; and WHEREAS, this plan will create an additional 67 parking spaces in downtown Leesburg, which will offset those spaces lost during construction of the municipal government center: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Phase I plan for constructing a parking facility at the former municipal shop property on Liberty Street is approved and the manager is authorized and directed to sell up to 50 permit spaces at a cost of$30.00 per month. 89-102 - 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 Department of Waste Management, Division of Litter Control and Recycling, for the allocation of public funds in the form of grants for the purpose of enhancing 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 $1,800.00 grant allocation which, if approved, will be used for expansion and continuance of its present litter control program. 89-103 - RESOLUTION - DESIGNATING THE BANK OF LOUDOUN AND EDWARD D. JONES & CO. AS AUTHORIZED DEPOSITORIES OF TOWN FUNDS WHEREAS, the Town of Leesburg desires to use the Bank of Loudoun'and Edwards D. Jones & Co. as depositories for the purpose of investing idle funds as specified in Section 2-84 of the Town Code; and WHEREAS, the Bank of Loudoun requires the adoption of a corporate authorization resolution to finalize the opening of a new corporate account with the bank; and WHEREAS, Edwards D. Jones & Co. also requires the adoption of a corporate resolution to finalize the opening of a corporate account: THEREFORE, RESOLVED by the Council of the Town of Leesburg in:Virginia as follows: SECTION I. This Council designates the Bank of Loudoun and Edward D. Jones & Co. as authorized depositories for the purpose of receiving and investment of town funds at the direction of the town's director of finance. • SECTION H. The town manager is authorized to execute the required corporate authorization resolutions necessary to finalize the opening of new corporate accounts. SECTION M. These resolutions shall remain and continue in full force and effect until written notice of revocation or amendment has been duly received by the Bank of Loudoun and Edward D. Jones. & Co. 89-104 - RESOLUTION - AUTHORIZING THE PROCUREMENT OF SLUDGE COLLECTORS FOR THE POTOMAC RIVER WATER TREATMENT PLANT WHEREAS, the adopted FY 89 budget included an appropriation of$150,00040 to utility fund account 3130.700.190.300, for purchase of sludge collectors and various other lequipment items • necessary in expansion of the Potomac River Water Treatment Plant; and 1291 Minutes of the regular Council meeting of May 23, 1989 WHEREAS, it has been determined that Envirex, Incorporated, of Waukesha, Wisconsin, was the lowest responsive and responsible bidder in the amount of$85,500.00 for an Envirex, Incorporated sludge collection system in response to a request for sealed competitive bids dated May 1989: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: The Town Manager shall issue a standard purchase order to Envirex Incorporated, for the purchase of sludge collectors in the amount of$85,500.00. Mr. Clem - pointed out that this was a savings to the town of approximately $64,500.00. 89-105 - RESOLUTION - APPROVING A SUBSTITUTE LETTER OF CREDIT FOR PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS IN WOODLEA MANOR PHASE I WHEREAS, NV Land provided irrevocable letters of credit in the amounts of$3,221,000.00 and $62,000.00 from Signet Bank to guarantee installation of public improvements in Woodlea Manor Phase I and the connection to Bradfield Drive; and WHEREAS, the Town Council approved these letters of credit by adoption of Resolution number 88-183 and the town attorney approved the legal form; and WHEREAS, NV Land has provided substitute letters of credit in the amounts of$3,221,000.00 and $62,000.00 from Home Federal Savings and Loan Association of San Diego, California and the town attorney has approved the legal form: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Irrevocable letters of credit in a form approved by the town attorney from Home Federal and Savings and Loan Association of San Diego, California are approved as security to guarantee the installation of public improvements for Woodlea Manor Phase I and the connection to Bradfield Drive. SECTION II. The irrevocable letters of credit from Signet Bank in the 'amount of$3,221,000.00 and $62,000.00 are released conditioned upon receipt and acceptance of the substitute letters of credit from Home Federal Savings and Loan Association. Aye: Councilmember Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion by Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed with Mr. Kimball and Mr. Tolbert abstaining from voting or discussing this item, due to possible conflicts of interest. 89-106 - RESOLUTION - DENYING THE REZONING APPLICATION #ZM-106 BY T.C. VENTURES WHEREAS, on January 24, 1989 the Council received rezoning application #ZM-106 by T.C. Ventures to rezone a 26,056 square foot (.60 acre) parcel of land located at 138 Fort Evans Road, N.E. from R-2 to B-1 with proffers and referred the application to the Planning Commission for public hearing and recommendation; and WHEREAS, the Planning Commission held a public hearing on this application on March 2, 1989; and WHEREAS, the Planning Commission recommended denial of this rezoning application on March 16, 1989 to Council; and WHEREAS, the Town Council held a public hearing on this application on May 9, 1989; and WHEREAS, the proposed B-1 zoning with proffers is not consistent with the intended uses and activities designated for this property by the Town Plan; and WHEREAS, the proposed B-1 zoning with proffers is neither consistent nor compatible with the surrounding residential zoning and development: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1.292 : Minutes of the regular Council meeting of May 23, 1989 • Rezoning application #ZM-106 by T.C. Ventures, a request to rezone a 26,056 square foot (.60 acre) parcel of land located at 138 Fort Evans Road, N.E. from R-2 to B-1, with proffers is hereby denied. • Mr. Lovin - stated that he was at the public hearing for this legislation. He stated that it was hard to be against the Red Cross but did not feel as though the Red Cross was the issue. Mr. Lovin did not agree with Mr. Givens, that it is not the place of the town staff to offer an opinion. The town employs a town staff to use their education, planning and expertise to advise the CoimriL He also explained that the Council must way all the interest of all the citizens of Leesburg and the opinion that he received during the public hearing, is that a lot of the citizens that will have the impact of this site, stated they would like this property to remain residentiaL Mr. Lovin agreed with these citizens and feels the best use of this property would be to remain R-1 and does not support the rezoning. Mayor Sevila also supports Mr. Lovin's motion. Mr. Clem - concurred with Mr. Lovin. Mrs. Forester - also supports Mr. Lovin, Mr. Clem and Mayor Sevila. As a member of the Planning Commission, this rezoning was looked at very closely, consideration was given to the impar on the neighborhood and the residential areas adjoining this property. This rezoning is not supported by the Town Plan and is not supported by the members of the Planning Commission. Mayor Sevila - addressed Mr. Given's suggestion that he should decline from voting on this issue because at one time his firm did work for Cedar Walk. The Cedar Walk project has been completed for approximately four years and is not aware of any work that his firm is doing right now for Cedar Walk. Mayor Sevila finds no conflict and will not decline to participate in this vote, as suggested by Mr. Givens. Mayor Sevila said he gave this application some very serious consideration. The issue of compliance with the Town Plan is an important one and it has been cited by the Planning Commission, and staff and there has been no effort by the applicant to change the Town Plan. Mayor Sevila stated he would oppose any proposed rezoning that is not compatible with the Town ' Plan. Mayor Sevila - stated that this rezoning application review process has become extremely negative. The accusations that staff is acting in anything other then a forthright, professional manner in considering and recommending to this Council, is a careless and unfounded accusation. Town staff does an outstanding job, under an incredible workload. All applications that are filed in the Town of Leesburg will be considered on the good planning criteria. On its merits, this application is not consistent with the best interest of the general public, it is not compatible with the Town Plan and is likely to have an adverse impact on surrounding residential zoning and development. For these reasons, Mayor Sevila supports, the motion to deny #ZM-106. Aye: Councilmember, Clem, Forester, Lovin and Mayor Sevila Nay: None Mr. Kimball and Mr. Tolbert abstaining and Mr. Mulokey absent. Item 10(1) - was deferred to the executive session, following the regular meeting. On motion by Mr. Tolbert, seconded by Mr. Clem the following resolution was proposed and unanimously adopted. 89-107 - MAKING AN APPROPRIATION AND AUTHORIZING A CONTRACT WITH MCGUIRE, WOODS, BATTLE AND BOOTHE WHEREAS, revisions to the town's zoning ordinance have been part of the town work program for over five years; and WHEREAS, the Leesburg Planning Commission is currently evaluating revisions to the commercial and residential zoning districts; and WHEREAS, the Council desires to retain outside legal counsel with specialties in land use law to review and edit the draft zoning text; and WHEREAS, McGuire, Woods, Battle & Boothe are experts in this field and have assisted the town with the review of other zoning and related land use ordinances: THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: 293 Minutes of the regular Council meeting of May 23, 1989 SECTION I. The manager is authorized and directed to execute a standard purchase order to the firm of McGuire, Woods, Battle & Boothe in an amount not to exceed$25,000 for the review and editing of Leesburg's zoning ordinance, with particular emphasis on the draft commercial and residential zoning district regulations now before the Planning Commission. SECTION II. An appropriation is made from the General Fund, Account No. 200-1204-300-010, Legal Services, in the amount of$25,000 for the fiscal year ending June 30, 1989. I Mr. Minor - stated that he had received a couple of phone calls from individuals who have had an active interest in the town's commercial and residential zoning district draft regulations. The intent is not have the town's attorneys legally justify the existing proposed ordinance, but to have these attorneys evaluate some of the critiques and concerns reeved from the business community and to translate these things into alternative language and suggestions in a way that the town can I address some of the concerns. Mayor Sevila - agreed that the public hearing process held on these draft amendments have raised legal issues, which are important to have valid input as well as overall legal soundness. Aye: Councilmember Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay. None • On motion by Mr. Clem, seconded by Mr. Tolbert the following resolution was proposed and unanimously adopted.• 89-108 • RESOLUTION - APPROVING THE ARCHITECTURAL ELEVATIONS FOR THE HARRISON II OFFICE BUILDING AT 306 HARRISON STREET, S.E. WHEREAS, the Town Council approved rezoning application #ZM-78 on February 11, 1987 for 8-1 zoning with proffers at 306 Harrison Street, S.E.; and WHEREAS, proffered condition #6 of this rezoning states that, 'The final architectural plans for the proposed buildings shall be subject to the approval of the Town Council"; and I WHEREAS, in 1988 both the Board of Architectural Review and the Town Council reviewed and approved the original elevations of this building; and WHEREAS, during Planning Commission review of the development plan for this property, revisions or modifications to the approved architectural elevations were requested by the contract owner (now full owner) Wiltshier Turner, Inc. of Middleburg, Virginia; and WHEREAS, the 306 Harrison Street preliminary/final development plan received conditional approval from the Planning Commission on March 30, 1989, pending BAR approval of the revised elevations, landscape plan, and modified opaque screening, as well as Town Council approval of the revised architectural elevations; and WHEREAS, the Board of Architectural Review approved the revised architectural elevations and materials on May 15, 1989; and WHEREAS, the Planning and Zoning Committee of the Town Council reviewed and recommended approval of the revised elevations and materials as presented on May 17, 1989: THEREFORE, RESOLVED by the Council of The Town of Leesburg in Virginia as follows: The revised architectural elevations and materials for the Harrison II Office Building located at 306 Harrison Street, S.E. dated April 7, 1989 and revised May 9, 1989 by KDA, Inc. as presented to the Town Council on May 23, 1989 are hereby approved. Mr. Clem - stated that there was a remarkable improvement on these plans as opposed to the ones originally submitted. Mr. Lovin - complimented the owner and architect on the efforts to comply with the BAR. Mayor Sevila - agreed with Mr. Clem in that, these plans show a remarkable improvement over the original ones and also wished to congratulate the new owner on this project. Aye: Councilmember Clem, Forester, Kimball, Lovin, and Mayor Sevila. Nay: None I 294 • Minutes of the regular Council meeting of May 23, 1989 On motion of Mr. Clem, seconded by Mr. Kimball, the following two resolutions were proposed and unanimously adopted. 89-109 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS IN FOXRIDGE SUBDIVISION SECTION 5 WHEREAS, Pulte Home Corporation, the developer of Foxridge Section 5 has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from First American Bank in the amount of $19,263.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of$1,710.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or rhanges. 89-110 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS IN FOXRIDGE SUBDIVISION SECTION 3 WHEREAS, Pulte Home Corporation, the developer of Foxridge Section 3 has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from First American Bank in the amount of $200,907.30 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of$32,791.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or changes. Mr. Mason - presented a brief staff report on these two issues, explaining that all public improvements have been installed, a special walk-through was conducted and all items involving the public improvements have been satisfactorily completed. Aye: Councilmember Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion of Councilmember Forester, seconded by Councilmember Kimball, Council voted unanimously to go into executive session pursuant to Section 2.1-344(a)(1) and Section 2.1-344(a)(2) of the 1950 Code of Virginia, as amended, for the purpose of discussing personnel matter and the acquisition of Dodona Manor. Council reconvened, with no action taken. During the executive session Council limited discussion to personnel items and items relating to the acquisition of real property. Aye: Councilmember Clem, Forester, Kimball, Lovin,'Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Lovin the following resolution was proposed and adopted as amended. 89-111 - RESOLUTION - AUTHORIZING EXECUTION OF AN OPTION AGREEMENT FOR THE PURCHASE OF DODONA MANOR WHEREAS, the former home of General George C. Marshall (hereinafter referred to as "Dodona Manor"), represents one of the town's premier historic, architectural and environmental resources; and WHEREAS, through its preservation Dodona Manor will form an attractive transition between • - 295 Minutes of the regular Council meeting of May 23, 1989 the residential character of Edwards Ferry Road and the commercial uses of downtown Leesburg I thereby enhancing the gateway to Leesburg's historic district; and WHEREAS, Council Resolution No. 88-198, adopted October 25, 1988, pledged $1 million from previously issued general obligation bond funds, as well as $409,000 in advanced payment from the town's utility fund, to be reimbursed by future donations toward the acquisition of this property; and WHEREAS, the Town of Leesburg was successful in securing a $500,000 grant from the Virginia Historic Resources Commission; and WHEREAS, negotiations are continuing toward a contract between the Town of Leesburg and the owners of Dodona Manor, which will be approved as to legal form by the town attorney's office; and WHEREAS, the George C. Marshall Preservation Committee is actively engaged in a successful campaign to raise additional funds necessary to acquire this property THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor of the Town of Leesburg is authorized and directed to execute an option agreement by and between Molly B. Winn and the Town of Leesburg, in a form delivered to the Town Council on May 23, 1989. SECTION D. The exercise of all options set forth in the agreement shall be authorized by future Council resolution. Aye: Councilmember Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: Clem On motion duly made and seconded, the meeting was adjourned, with no further action taken. Robert E. Sevila, Mayor • Clerk of Council • • • 1