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HomeMy Public PortalAbout1990_06_13MINUTES OF THE REG~ MEETING OF THE LEESBURG TOWN COUNCIL JUNE 13, 1990 A regular meeting of the Leesburg Town Council was held in the Loudoun County School Board meeting room, 102 North Street, N.W., Leesburg, Virginia on June 13, 1990, 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 led by Councilman Donald A. Kimball. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, William P. Mulokey and John W. Tolbert, Jr. Absent was Councilmember Claxton E. Lovin. Planning Commission members present were: Chairm_~n Mervin Jackson, Fred Williams, and Carl Johnson, Councilmanic representative Christine Forester. Staff members present were: Town Manager Jeffrey H. Minor, Assistant Town Manager Steven C. Brown, Director of Finance Paul E. York, Director of Engineering and Public Works Thomas A. Mason, Director of Utilities Randolph W. Shoemaker, Director of Planning, Zoning and Development Katherine Imhoff, Director of Parks and Recreation Gary Huff, Public Information Officer Susan Farmer and Deputy Town Attorney Deborah Welsh. Council-elect Georgia Bange was also present. On motion of Mr. Tolbert, seconded by Mr. Mulokey, the Regular Meeting minutes of May 8, 1990 and the Special Meeting minutes of May 15, 1990 were approved as written. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Lovin Petitioners Mr. Marc Weiss, a resident of 915 Chancellor Street, addressed the Council with regard to the Urban Limit Line (ULL). He represents Rokeby Farms, owners of about 400 acres south of town and just outside the area recommended for the ULL. On behalf of his client he requested that the Council take another look at the ULL to include this 400 acres. He will provide more specific information in writing to the Council and to the County regarding this request~ Mr. Frank Ratio, is speaking as a representative of the Loudoun County Chamber of Commerce. He read a statement which is attached to this set of minutes and made a part of the official record. Mr. Thomas O'Reurke, the founder of the Harvest Trading Company, addressed the Council regarding the history of the downtown Leesburg parking lot. He read a statement which is attached to this set of minutes and made a part of the official record. Mr. Terry Titus, a resident of 805 Wage Drive, addressed the Council. He understands that the Council is considering a lease to the Shenandoah College. He questions where the students are going to park, how many students are there going to be and why is the town competing with the private sector in leasing space. Mr. Benjamin Graham, addressed the Council on behalf of the Bernstein Company with regard to the Urban Limit Line (ULL). In Section II of the proposed resolution there is indication of an alternative to the ULL which if passed will delete 17,028 acres. He asked if a copy of the proposed ULL map was available for his review. A copy of the map was given to him. Public Hearings: 6.(a) Joint Public Hearing - Rezoning Application #ZM-116 Stratford in Leesbur~ Planning Commission Chairman Mervin Jackson indicated that there was quorum. Ms. Imhoff addressed the Council presenting a brief staff report. She said that this application has been properly advertised and is a request for a proffer and plan amendment, It represents 4~7 acres, Planned Employment Center and Planned Residential Community districts. The request for an amendment ~me about for two reasons. One, there was an increase, since 1988, in the airport dear zone. It went from 18.5 acres to 54.1 acres. Secondly, this property has been one of the properties considered for the Loudoun County government complex which has also impacted where the land uses are located internally. Ms. Imhoff briefly reviewed the amended proffers. Ms. April Young, Senior Vice President of NVR Development, addressed the Council. She briefly reviewed the new design. A report is expected back from the National Wetlands Inventory - we will deal with whatever issues arise. The transportation study indicates traffic will be well above the levels of service. There were only minor changes to the proffers. Building heights did not conflict with the FAA. Planning Commissioner Vaughan asked what the purpose for increasing the lake was. Ms. Young said that the project needed some additional character. Mr. Vaughan asked if there would be any impact on the townhouses located near Sycolin Road. Ms. Young answered no. Mr. Kimball asked what the anticipated residential population would be. Ms. Young said approximately 2,600-3,500. Mr. Kimball asked why the church site was eliminated. Ms. Young said that they basically ran out of Minutes of June 13, 1990 space - it was hard to give up 35 acres for the airport clear zone. At approximately 8:20 p.m., Officer Doug Hickman told Mr. Minor that there has ~een un apparent bomb threat. Mr. Minor asked everyone to evacuate the building. Mayor Sevila announced that the meeting would continue in the parking lot. The public hearing then continued. Mr. Templar Titus addressed the Council and asked if the Council was aware of the condition of Route 621 as it is now. Mayor Sevila said that a traffic study of that area is underway. Planning Commissioner Williams asked how many residents were proposed on the west side of the Toll Road. Ms. Young said 600. Mr. Mike Breal, representing the Bellewood Commons Condominiums, asked if a copy of the transportation study could be made available to the public. Mayor Sevila said yes. Ms. Young said the plan proposes a better interchange. Mr. Breal asked how many of the units would be multi-family and rental. Ms. Young said about half and half. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mr. Tolbert~ seconded by Mrs. Forester, this matter was referred to the Planning Commission to be referred back to the Planning and Zoning Committee after the Planning Commission has acted. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Lovin 6. (b) Joint Public Hearing - Nonconforming lots of record Planning Commission chairman Mervin Jackson indicated that there was quorum. Mr. Minor briefed the Council on the matter and noted that legislation was proposed following the public hearing. He explained what the proposed ordinance would do and said that this matter has brought about much citizen and Council concern. The text modification will eliminate the ability to reduce side yards on undeveloped nonconforming lots of record to 10% of the lot width or five feet~ whichever is greater. Instead side yards will be required to meet the applicable zoning district standards. This will ensure that the BZA must consider any reduction of side yards below the required side yard on nonconforming lots. Mr. Terry Titus said that it was difficult to believe that legal counsel would advise this. Mr. Minor said that sideyards create hardships - and with this the BZA can act appropriately. In most instances this will not be a problem. Mr. Eric Snyder, of the Land Services Group Limited, said that this does create hardship on the owners of the 25 foot lots and asked if this would be consistent with other applications. Mayor Sevila said it would be a case-by-case basis. Mr. Snyder asked why couldn't the Planning Commission make the decision. The Town of Leesburg wants affordable housing but now the town is taking this mechanism away. Don't make the individuals go through the BZA. Mr. Snyder then questioned the legality of this matter. Ms. Katherine Campbell, owner of several lots on Wilson Avenue, addressed the Council saying that the Town of Leesburg has changed the side yard requirements five times. She would like to know what she can do with her lots or if she sells them what can she tell the buyer. She strongly objects to this proposal. Mr. Greg Marsh, addressed the Council, stating that he has just purchased one of the 25 foot lots and to go through the BZA would cost too much. It is not illegal to build a nice home. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. Planning Commissioner Jackson said due to the public input at this hearing he requested that this matter go back to the Planning Commission. On motion of Mr. Clem, seconded by Mr. Tolbert, this matter was referred to the Planning Commission. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent~ Councilmember Lovin 6. (c) Public Hearing - Rezoning Application #ZM-82 by DelashmuttfEngle Mr. Imhoff reviewed the staff report. Mayor Sevila questioned the proffers that preserve the present slopes and asked what could be done on 25% or greater slopes. Ms. Imhoff said building construction, some grading and filling. The applicant has provided a tree preservation plan that will mean something. The Mayor questioned buffering and noted that it was recommended but has not yet been addressed. Ms. Imhoff said that the applicant is proffering to have more than a 20 foot setback. Mayor Sevila asked if the proffers were contingent on PDCH. Ms. Imhoff said O-1. The Mayor referred to proffer number 4 and expressed Minutes of June 15, 1990 some concern with it being a conditional proffer. He asked if this language could be removed. Mr. Marc Weiss, representing the applicant, believed it could but requested additional time to review it. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mrs. Forester, seconded by Mr. Clem, this matter was referred to the Planning and Zoning Committee of July 5, 1990. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Lovin 6. (d) Public Hearing - Special Exception Application #SE-90-1 by Seccombe Ms. Imhoff reviewed the s~ff report and noted that this was the first special exception application since the adoption of the new Zoning Ordinance. The Planning Commission approved this application and staff has received no negative comments. Mrs. Seccombe, the applicant addressed the Council, showing the plan that was drawn up by Calloway Jones. Mr. Clem said it was a good idea. The Mayor asked if the lot could be subdivided some time in the future. Ms. Imhoff said yes. Planning Commissioner Fred Williams said that he lives in the neighborhood and expressed his support of this request. The public hearing was dosed. On fnotion of Mr. Clem, seconded by Mrs. Forester, this matter was deferred for later consideration at the Council level. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Lovin 6. (e) Public Hearing - Amendments to the AADP's Mr. Minor asked Council to consider cancelling the public hearing due to a letter received from Mr. William Fissell of Dewberry & Davis regarding this issue. Mr. Minor indicated that there was no time problem and that staff could advertise this public hearing one more time to be heard on June 27, 1990. On motion of Mr. Mulokey, seconded by Mr. Tolbert, this item was referred to public hearing scheduled for June 27, 1990. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Lovin Councilmember's comments Mr. Muloke¥ said that he participated in the NVBIA 10K race where there were over 500 participants. He wished to commend the police department for a fine job and also Ms. Margaret Peterson who designed the T shirts. They are a beautiful work of art. Mr. Clem said that he attended a dinner at the fire house in honor of Mervin Jackson's brother who will be the new minister of the Mt. Olive Church. Mr. Kimball had no comments. Mrs. Forester wished to commend the street crew for their dean-up efforts after the storm. She dso wished t~ congratulate Planning Commissioners Clifton Vaughan and Fred Williams. They ~re now certified. Mr. Tolbert said that he attended the DARE graduation programs and they were very good. Mayor's Report Mayor Sevila wished to say that Council has no intention of discontinuing the DARE program. The Town of Leesburg recognizes the value and importance of this program. Manager's Report Mr. Minor due to the conditions of the outside meeting had no report. Legislation Min~Ie;~ of O't:~,e 18, 1990 On mot/on of Mr. Clem, seconded by Mrs. Forester, the following ordinances and resolutions ~.,.r~-,. ?~.:D*os~ ~ con~en.t items and were unanimously adopted. 90-0-16 - A]~I ORDINANCE - AMENDING CHAPTER 4, ARTICLE II OF THE TOWN CODE TO AUTHORIZE THE LOUDOUN COUNTY ANIMAL CONTROL DEPARTMENT TO IMPOUND VICIOUS AND DESTRUCTIVE ANIMALS IN THE TOWN OF LEESBURG WHEREAS, the Town Code does not currently empower the County to impound animals that are a threat to persons and property; and WHEREAS, the Commonwealth AtWrney, Town Attorney, Police Chief and Animal Control Warden recommend that the Town Council authorize the Loudoun County Animal Control Department to impound vicious and destructive animals. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as fo]lows: SECTION I. Chapter 4, Article II of the Town Code is amended by adding the following Section 4-27. Sec. 4-27. Vicious and Destructive Animals (a) No person shall keep, in the town, an animal which is known by such oerson to be vicious, which has evidenced a disposition to attack human beings without provocation or which is known to be destructive of property. However, such an animal may be kept where adequate provisions to protect persons and/or property from such animal have been made. Co) An actual attack by such animal upon a person conducting himself in a lawful manner at the time of such attack, whether such attack occurs on or off the property of the owner or custodian of such animal, shall be deemed prima-facie evidence that such adequate provisions as mentioned in subsection (a) hereof were not made. If a person is charged with a violation of this section, the animal alleg~dly kept in violation thereof may be impounded by the Animal Warden until such time as the owner or custodian thereof provides evidence that adequate provisions have been made to protect persons and/or property from such animal, which provisions may include, but are not limited to, securing such animal on the premises of the owner or custodian with defined limitations of access, muzzling or both. An animal released under such conditions shall be kept under such restraint, and a person failing to keeo such animal under such restraint, after release from impoundment, shall be deemed guilty of a separate violation of this section. (d) The owner or custodian redeeming such animal from impoundment as provided in subsection (c) hereof shall also make: Payment of the current pick-up fee established by the Loudoun County Animal Control Department; and Payment of the current boarding fee established by the Loudoun County Animal Control Department. If the animal is a dog, the owner or custodian shall furnish a current dog license therefor. (e) An animal not redeemed within ten working days of disposition by the court of the original charge shall be dealt with in the same manner as if the dog had been impounded for being unrestricted. However, any disposition of the original charge of a violation of this section, other than a findin~ of auiltv, shal.1 invalidate the effect of the section. SECTION II. This ordinance shall be effective upon adoption. 90-0-17 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SP.EX. 90-1 BY MRS. ELIZABETH SECCOMBE WHEREAS, Mrs. Elizabeth Seccombe has applied for approval of a special exception to allow an existing ga-age, lomted at 102 Cornwall Street N.W., to be converted inW an accessory dwelling unit; and WHEREAS, a spedal exception is required to allow an accessory dwelling unit in the RH-D zoning district in accordance with Article 11 of the Leesburg Zoning Ordinance; and WHEREAS, the Town Council referred this application to the Planning Commi_~ion for their recommendation on May 9, 1990; and WHEREAS, the Planning Commission recommended approval of Special Exception 90-1 on May 24, 1990; and WHEREAS, the Town Council held a public hearing on this application on June 13, 1990; and WHEREAS, the proposed use meets the general and specific review criteria set forth in the Minutes of June 13, 1990 Zoning Ordinance: THEREFORE, ORDAINED by the Council of the Town of L~e.~bur~ in Virginia, as follows: Special Exception application 90-1 is hereby approved. 90-111 - RESOLUTION - AUTHORIZING PREAPPLICATIONS TO THE FEDERAL AVIATION ADMINISTRATION AND THE VIRGINIA DEPARTMENT. OF AVIATION FOR FEDERAL AND STATE AID FOR CLEAR ZONE LAND ACQUISITION WHEREAS, the FAA has recommended purchase of a 10 acre parcel northwest of the airport's runway for the purpose of establishing a clear zone for the north runway and instrument landing system; and WHE~, the instrument landing system has been incorporated into the town's airport master plan to improve the safety and marketability of Leesburg Municipal Airport; and WHEREAS, the parcel, owned by John Ours and identified as tax map number 48-72B, must be acquired prior to installation of the instrument landing system; and WHEREAS, the Toll Road Corporation of Virginia (TRCV) requires a portion of the property for right-of-way for an interchange with Battlefield Parkway; and WHEREAS, the TRCV has agreed to provide the five percent local share required by the FAA grant agreement. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is authorized to file all necessary preapplications for federal and state assistance to purchase parcel 48-72B for the airport clear zone. SECTION II. The purchase shall not be authorized in the event TRCV does not provide the five percent local share of the cost of the purchase. 90-112 RESOLUTION ESTABLISHING AN ESCROW ACCOUNT FOR STATE GRANT PROCEEDS FOR DODONA MANOR WHEREAS, the town has been awarded a $490,000 grant by the Department of Historic Resources to be used toward the purchase of Dodona Manor; and WHE~, the purchase of Dodona Manor is not expected to occur prior to June 30, 1990; and WHE~, in order to preserve these grant funds for the acquisition of Dodona Manor, the Council desires to establish an escrow account into which these funds can be deposited; and WHEREAS, these funds will remain in said escrow account and will be used only as settlement proceeds toward the purchase of the property; and WHEREAS, payments from this escrow account will be made only upon the approval of Paul York, the project supervisor and the Department of Historic Resources: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is directed to establish an escrow account with a local bank for the deposit of state grant funds for Dodona Manor. I SECTION II. Paul York, Director of Finance, is designated as the town's project supervisor for the Dodona Manor escrow account and his signature along with that of a representative of the Department of Historic Resources will be required to disburse funds from th~ escrow account. SECTION I~. In the event the town should be unsuccessful in its acqu~ition of Dodona Manor, all state grant funds deposited in the escrow account will be returned to the Depar~nent of Historic Resources. 90-113 - RESOLUTION - PROPOSING A REVISED LEESBURG URBAN LIMIT LINE WHEREAS, the Loudoun County General Plan prepared by the Loudoun County Planning Department and adopted November 1, 1982 establishes goal's and objectives for the Leesburg area and establish general land use policies for the greater Leesburg area which will affect the pattern and extent of future development; and WHEREAS, Loudoun County is required to review its comprehensive plan every 5 years in accordance with Section 15.1-454 of the Code of Virginia; and WHEEEAS, the Loudoun County Planning Commission has asked the Town to submit a revised Urban Limit Line which it will consider in preparing the General Plan; and Minutes of June 13, 1990 WHEREAS, Leesburg's location, amenitie~ a::~. s~-..c..'./.:::,,' will ~.-~i;ract future growth around the town's present corporate limits; and WHEREAS, it is appropriate for the County and Town to formally recognize areas surrounding Leesburg that may develope at an urban scale in this dec~.de to ensure that transportation, utilities, and land use policies which accompany this growth are in harmony with the development pattern and policies of the town; and WHEREAS, County and Town planning policies for these areas should be coordinated to the greatest extent possible; and WHEREAS, the justification for new growth in the planning area west of Leesburg Airport is based on timing of the Dulles Toll Road extension: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The attached proposed Leesburg Urban Limit Line is approved for submittal to the Loudoun County Planning Commission for consideration and incorporation in the General Plan and future area plans. SECTION II. The Council further adopts the alternative Urban Limit Line as depicted on the map to delete approximately 1,728 acres, if the current Dulles Toll Road Extension is not approved by the State Corporation Commission, funded and under construction in Leesburg within the next two years. Mr. Muloke¥ said that he spoke with Mr. Graham with NVBIA who said that his land is inside the boundary of the Urban Limit Line and that he no longer has any concern. 90-114 - RESOLUTION - AUTHORIZING A CONTRACT WITH TEXEL CORPORATION TO PROVIDE THE TOWN WITH A TELEPHONE CABLING SYSTEM WHEREAS, on May 22, 1990, the town awarded a contract for the purchase of a telephone system for the now municipal office building now under construction; and WHEREAS, the contract awarded on May 22, 1990, for telephones did not include a cabling system for the telephones or the data communications system; and WHEREAS, the town instructed its communications consultant, HCI, of Reston, VA. to review the cabling component of the proposals received on April 2, 1990, to determine which firm was most qualified to perform this work at the least cost of the town; and WHEREAS, HCI has concluded from their findings and evaluation that Texel Corporation is the firm most qualified to perform the cabling work for the town's telephone and data communications system at the least cost to the town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to enter into a contract with Texel Corporation in the amount of $23,434 for the installation of a cabling system for the voice and data communication systems in the new municipal office building. 90-115 - RESOLUTION - AUTHORIZING THE EXECUTION OF CONTRACTS FOR PROPERTY AND CASUALTY INSURANCE COVERAGES WHEREAS, the Town of Leesburg issued a request for insurance proposals under the competitive negotiation procedures of Leesburg's Procurement Regulations with the assistance of the town's insurance consultant, Industrial Insurance Management Corporation on March 1, 1990; and WHE~, six proposals from insurance agents w~.re received on May 15, 1990, and analyzed by the town's insurance consultant and a copy og ~ei~ analysis and evaluation was provided to the Council by a memorandum dated June 1, 1990; aud WHEREAS, the insurance consultant a,d director of finance recommend the Hallmark Insurance Agency, Inc. of Alexandria for the pack~ge policy and auto fleet coverages, the Commonwealth of Virginia's Division of Risk Management proposal for public officials and police professional liability insurance coverages and the Hargrove Agency of Glen Allen, VA. for the airport operations coverage: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to execute contracts, on behalf of the town, for the following'. Ao Contract with Hallmark Insurance Agency, Inc. of Alexandria, VA. in the amount of $187,285 for the package policy and auto fleet coverages. B. Contract with the Commonwealth of Virginia's Division of Risk Management in Minutes of June 13, 1990 the amount of $19,§99 for public officials and police professional liability insurance coverages. C. Contract with the Hargrove Insurance Agency of Glen Allen, VA. in the amount of $§,65§ for airport operations coverage. SECTION Il. Said contracts shall be executed on or after ,Inly 1, 1990, for coverage effective July 1, 1990, through June 30, 1991. 90-116 - RESOLUTION AUTHORIZING THE PROCUREMENT OF MATERIALS FOR INSTALI.ATION OF CHECK VALVES FOR THE PHASE I WESTERN PRESSURE ZONE WATER SYSTEM IMPROVEMENTS WHEREAS, the Town of Leesburg duly advertised and received bids on June 4, 1990, from four prospective suppliers to provide materials for installation of check valves necessary in the Phase I Western Pressure Zone Water System Improvements, in accordance with published specifications and pursuant to State and local procurement laws; and WHE~, it has been determined that A&P Water and Sewer Supplies, Inc., was the lowest responsive and responsible bidder, in the amount of $22,854.32; and WHEREAS, the adopted FY 90 budget includes sufficient funds appropriated in utility fund account 3120.700.190.300 for this purchase: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized and directed to issue a standard purchase order in the amount of $22,854.32 to A&P Water and Sewer Supplies, Inc., for the purchase of materials, necessary for installation of check valves for the Phase I Western Pressure Zone Water System Improvements. 90-117 - RESOLUTION - AWARDING A CONTRACT TO BODY MASTERS FOR IDA LEE PARK RECREATION CENTER WEIGHT/FITNESS EQUIPMENT WHR~, the completion of the Ida Lee Park Recreation Center requires the procurement and installation of weight/fitness equipment; and WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding of the Leesburg Purchasing Regulations for weight/fitness equipment; and WHEREAS, eight bids were received from five companies; and WHEREAS, Body Masters' bid of Body Masters' equipment has been determined to be the most adequate equipment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to enter into a contract on behalf of the town with Body Masters in the amount of $27,880.00 for furnishing and installing weight/fitness equipment for the Ida Lee Park Recreation Center. 90-118 - RESOLUTION - ACCEPTING THE DEED OF A OUTDOOR BASKETBALL COURT FOR FOXRIDGE PARK WHEREAS, this Council received a written petition from children who reside in the Foxridge Subdivision requesting the addition of a basketball court at Foxridge Park; and WHE~, recent work at Loudoun County High School has eliminated some outdoor basketball courts; and WHEREAS, representatives of the children signing the petition attended the public hearing on the proposed FY 91 budget requesting that rn outdoor basketball court be added to the budget; and WHERF. J~, Donald M. Rose, Sr., Executive Vice President of Leo Construction Co., a strong supporter of recreation in Loudoun County and Leesburg, has written the town to volunteer construction of the basketball court at Foxridge Park to Parks and Recreation Department specifications, in honor and memory of Donald F. Larson, a well respected former principal and coach at Loudoun County High School: THEREFORE, RESOLVED by the Council of the Town of Leesburg in as follows: SECTION I. Donald M. Rose's gracious offer, on behalf of Leo Construction Co., to construct a basketball court at Foxridge Park in honor of Donald F. Larson is hereby accepted. SECTION II. The manager is authorized and directed to ensure that appropriate reco~ition is afforded the Leo Construction Co. for the donation and Donald F. Larson, in whose name the facility shall be dedicated. Minutes of June 13, 1990 Mr. Clem wished to thank Mr. Don Rose fo:' the basketball court contribution. Mayor Sevila said that a dedication ceremony will be held and the Council will have the opportunity to th~nk Leo Construction and Mr. Rose. 90-119 - RESOLUTION - APPROVING A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF WASTE MANAGEMENT, DMSION 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 $1,818.00 grant allocation which, if approved, will be used for expansion and continuance of its litter control program. 90-120 - RECEIVING AND REFERRING REZONING APPLICATION #ZM-120 BY GREENWAY FARMS TO AMEND (#ZM-90) AND SETTING A JOINT PUBLIC HEARING UNDER CHAPTER lit TITLE 15.1 OF THE 1950 CODE OF V1RGINIA~ AS AMENDED WHEREAS, Ordinance No. 88-O-11 approved a concept plan and preliminary development plan and amended the town plan and the zoning district map for Greenway Farms Partnership, and WHEREAS, the applicant has requested to amend the overall density from 500 to 408 dwelling units and to increase the amount of open space from 42 acres to 65 acres and to relocate of the public park and generally redesign the lot and road layout, and WHE~, the applicant has requested a joint public hearing on this application in order to expedite the amendment process; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Greenway Farms, Inc. assigned rezoning number #ZM-120, for a concept plan amendment to #ZM-90 is hereby initiated and a notice of joint public hearing with the Planning Commission to consider rezoning application #ZM-120 shall be published in the Loudoun Times-Mirror. The notice shall be published on June 21, 1990, and June 28, 1990, for public hearing on July 11, 1990, at 7:30 p.m. in the School Board Annex, 102 North Street, N.W., Leesburg, Virginia. The Clerk shall give notice of this joint hearing to the Planning Commission. 90-121 RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF LINHAB DEVELOPMENT CORPO1L~TION FOR AN AMENDMENT TO THE LINDEN HILL PLANNED DEVELOPMENT (#ZM-60) AND SETTING A PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINI~ AS AMENDED WHEREAS, an ordinance amendment to the Linden Hill Planned Development was initiated on February 27, 1990, and a joint public hearing was held on March 27, 1990; and WHEREAS, at that public hearing the applicant presented information indicating substantial changes to the approved concept plan for this planned development which had not been available on February 27, 1990; and WHEREAS, Section I of Ordinance No. 85-0-23 amending the Leesburg Zoning Map states: "The Linden Hill Concept Plan/Prelim!nary Development Plan, as amended for a maximum of 60 singie-family condominium unit~, plus one single- family residential unit and one clubhouse unit in the emsting house, is approved and the Leesburg Zoning Map is ~.~ised *n change from County R-2 to PRN, 10.3367 acres of land .... "; and WHEREAS, the appli¢,nt has now requested removal of the clubhouse from the existing main house to allow the main house to be developed as a single-family dwelling, and has also requested elimination of the tennis courts and swimming pool; and WHEREAS, the applicant has been advised that these proposed changes will require advertisement of an amendment to the Linden Hill Planned Development and additional public hearings: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of IAnhab Development Corporation, assigned rezoning number #ZM-117, for a concept plan amendment to #ZM-60 is received and referred to the Planning Commi~ion for recommendation under Chapter 11, Title 15.1 of the 1950 Code of Virginia as amended. Minutes of June 13, 1990 90-122 - RESOLUTION AUTHORIZING A TIME EXTENSION OF THE PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR PERSHING AVENUE ALONG LOTS 11, 12 AND 13 (BLOCK I) OF THE FAIl{VIEW SUBDIVISION WHEREAS, Randall G. Miles, the developers of Lots 11, 12 and 12, Block I of the Fairview Subdivision have not completed all the required public improvements in accordance with the approved construction drawings and Wwn standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the letter of credit from Burke and Herbert Bank of Alexandria, which guarantees the installation of public improvements, in the amount of $14,663.00 expired on May 6, 1990; and WHEREAS, a new letter of credit from Burke and Herbert Bank in the amount of $14,663.00 has been provided by the developer to guarantee installation of the public improvements for Pershing Avenue along Lots 11, 12 and 13, Block I, of the Fairview Subdivision; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $14,663.00 to guarantee installation of the remaining public improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Burke and Herbert Bank in the amount of $14,663.00 in the ~mount of $14,663.00 in a form approved by the Town Attorney and a time extension of one year for the installation of public improvements for Pershing Avenue along lots 11, 12 and 13, Block I of the Fairview Subdivision are hereby approved. 90-123 - RESOLUTION - ACCEPTING A SUBSTITUTE CONTRACT FOR INSTAIJATION OF PUBLIC IMPROVEMENTS AND PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION lA WHEKEAS, the CLPS Leesburg Joint Venture (Grimm Company), the developers of Potomac Crossing Section lA has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements plus approved time extensions; and WHEREAS, the Potomac Crossing Corporation has replaced the CLPS Leesburg Joint Venture as the owner and developer of Potomac Crossing', and WHEREAS, the letter of credit from United Savings Bank, provided by the CLPS Leesburg Joint Venture wMch guarantees the installation of public improvements in Potomac Crossing Section lA, in the Amount of $32,125.00 will expire on June 12, 1990; and WHEREAS, a new letter of credit from United Savings Bank in the amount of $32,125.00 has been provided by the PoWmac Crossing Corporation to guarantee installation of the remaining public improvements in Potomac Crossing Section lA; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $32,125.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute the substitute contract for public improvements 'signed by the Potomac Crossing Corporation for the improvements shown on the pla~s approved by the Director of Engineering and Public Works for Potomac Crossing Section IA. SECTION II. The letter of credit from United Savings Bank in the amount of $32,125.00 in a form approved by the Town Attorney and a time extension of six months for the installation of public improvements in Section lA are hereby approved. SECTION ITI~ In the event the public improvements in Potomac Crossing Section lA are not satisfactorily completed, as determined by the Director of Engineering and Public Works, prior to December 5, 1990, the Town Manager is hereby authorized to declare the developer in default of his contract and the Manager is authorized to request payment pursuant to the letter of credit from United Savings I~ank: 90-124 - RESOLUTION - ACCEPTING A SUBSTITUTE CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION lC WHEREAS, the CLPS Leesburg Joint Venture (Grimm Company), the developers of Potomac Crossing Section lC has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the Minutes of June 13, 1990 contract for public improvements plus approved time extensions; and WHEREAS, the Potomac Crossing Corporation has replaced the CLPS Leesburg Joint Venture as the owner and developer of Potomac Crossing;, and WHEREAS, the letter of credit from United Savings Bank, provided by the CLPS Leesburg Joint Venture which guarantees the installation of public improvements in Potomac Crossing Section 1C, in the amount of $385,740.00 will expire on July 25, 1990; and WHE~, a new letter of credit from United Savings Bank in the amount of $385,740.00 has been provided by the Potomac Crossing Corporation to guarantee installation of the remaining public improvements in Potomac Crossing Section lC; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $385,740.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section 1C. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute the substitute contract for public improvements signed by the Potomac Crossing Corporation for the improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing Section 1C. SECTION H. The letter of credit from United Savings Bank in the amount of $385,740.00 in a form approved by the Town Attorney and a time extension to September 1, 1990 for the installation of public improvements in Section 1C are hereby approved. SECTION III. In the event the public improvements in Potomac Crossing Section lC are not satisfactorily completed, as determined by the Director of Engineering and Public Works, prior to August 24, 1990, the Town Manager is hereby authorized to declare the developer in default of his contract and the Manager is authorized to request payment pursuant to the letter of credit from United Savings Bank. 90-125 RESOLUTION AUTHORIZING A TIME EXTENSION OF THE PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION 1D WHEREAS, Richmond American, the developer of Potomac Crossing Section 1D has substantially completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the public improvements in Section 1D of Potomac Crossing cannot be accepted by the town until the public improvements in Section lC of Potomac Crossing are completed and accepted; and WHEREAS, the corporate surety bond from Reliance Insurance Company, which guarantees the installation of public improvements in Potomac Crossing Section 1D, in the amount of $54,055.00 expired on May 30, 1990; and WHEKEAS, a new corporate surety bond from Reliance Insurance Company in the amount of $54,055.00 has been provided by the developer to guarantee installation of the remaining public improvements for Potomac Crossing Section 1D; and WHE~, the Director of Engineering and Public Works has approved the amount of $54,055.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section 1D. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The corpo~ sare';y bon~ from Reliance Insurance Company in the amount of $54,055.00 in a form approved by the Town At;orney &nd s time extension to September 1, 1990 for the installation of public improvements in Potomac Cro,~zing Section ID are hereby approved. 90-126 - RESOLUTION - ACCEPTING A SUBSTITUTE CONTRACT FOR INSTAI.I.&TION OF PUBLIC IMPROVEMENTS AND PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION IF WHEREAS, the Potomac Crossing Corporation has replaced the CLPS Leesburg Joint Venture as the owner and developer of Potomac Crossing; and WHEREAS, the letter of credit from United Savings Bank, provided by the CLPS Leesburg Joint Venture which guarantees the installation of public improvements in Potomac Crossing Section IF, in the amount of $84,200.00 expires on September 12, 1990; and WHERF_u~, a new letter of credit from United Savings Bank in the amount of $84,200.00 has been provided by the Potomac Crossing Corporation to guarantee installation of the remaining public Minutes of June 13, 1990 improvements for Potomac Crossing Section IF; and WHE~, the Director of Engineering and Public Works has approved the amount of $84,200.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section 1F. THEREFOI~E, RESOLVED by the Council of the Town of Leesbur~ in Virgiuia as follows: SECTION I. The Town Manager shall execute the substitute contract for public improvements signed by the Potomac Crossing Corporation for the improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing Section IF. SECTION II. The letter of credit from United Savings Bank in the amount of $84,200.00 in a form approved by the Town Attorney to guarantee the installation of public improvements in Section 1F are hereby approved. SECTION ~I. In the event the public improvements in Potomac Crossing Section 1F are not sa~sfactorily completed, as determined by the Director of Engineering and Public Works, prior to September 5, 1990, the Town Manager is hereby authorized to declare the developer in default of his contract and the Manager is authorized to request payment pursuant to the letter of credit from United Savings Bank. 90-127 - RESOLUTION - ACCEPTING A SUBSTITUTE CONT1L~CT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION 1G WHEREAS, the CLPS Leesburg Joint Venture (Grimm Company), the developers of Potomac Crossing Section 1G has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements plus approved time extensions; and WHE~, the Potomac Crossing Corporation has replaced the CLPS Leesburg Joint Venture as the owner and developer of Potomac Crossing; and WHEREAS, the letter of credit from United Savings Bank, provided by the CLPS Leesburg Joint Venture which guarantees the installation of public improvements in Potomac Crossing Section 1G, in the amount of $84,621.00 will expire on June 20, 1990; and WHEREAS, a new letter of credit from United Savings Bank in the amount of $84,621.00 has been provided by the Potomac Crossing Corporation to guarantee installation of the remaining public improvements for Potomac Crossing Section 1G; and WHE~, the Director of Engineering and Public Works has approved the amount of $84,621.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section 1G. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute the substitute contract for public improvements signed by the Potomac Crossing Corporation for the improvements shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing Section 1G. SECTION H. The letter of credit from United Savings Bank in the amount of $84,621.00 in a form approved by the Town Attorney and a time extension to September 1, 1990 for the installation of public improvements in Section 1G are hereby approved. SECTION ~I. In the event the public improvements in Potomac Crossing Section 1G are not satisfactorily completed, as determined by the Director of Engineering and Public Works, prior to August 24, 1990, the Town Manager is hereby authorized to declare the developer in default of his contract and the Manager is authorized to request payment pursuant to the letter of credit from United 90-128 - RESOLUTION - AUTHORIZING A TIME EXTENSION OF THE PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION IH WHE~, Richmond American, the developer of Potomac Crossing Section IH has substantially completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the public improvements in Section 1H of Potomac Crossing cannot be accepted by the town until the public improvements in Section 1C of Potomac Crossing are completed'and accepted; and Minutes of June 13, 1990 WHEREAS, the corporate surety bond from Reliance Insurance Company, which guarantees the installation of public improvements in Potomac Crossing Section IH, in the amount of $54,000.00 expired on May 30, 1990; and WHEREAS, a new corporate surety bond from Reliance Insurance Company in the amount of $54,000.00 has been provided by the developer to guarantee installation of the remaining public improvements for Potomac Crossing Section IH; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $54,000.00 to guarantee installation of the remaining public improvements of Potomac Crossing Section IH. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from Reliance Insurance Company in the amount of $54,000.00 in a form approved by the Town Attorney and a time extension to September 1, 1990 for the installation of public improvements in Potomac Crossing Section 1H are hereby approved. Mayor Sevila reported that the town was making concessions for the new owners of Potomac Crossing. Mr. Mason said that all of the homeowners in Potomac Crossing have been made aware of the bond amendments. Mrs. Forester said that a lot of the homeowners were present at the past Planning Commission meeting and are really happy with the Clemente Company. 90-129 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION IN TAVISTOCK FARMS SECTION 4 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Tavistock Farms Section 4 and certified that the value of work performed exceeds $489,600.00; and WHEREAS, an irrevocable letter of credit from Perpetual Savings Bank, FSB in the amount of $612,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements in Tavistock Farms Section 4. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from Perpetual Savings Bank, FSB in the amount of $612,000.00 is reduced to $122,400.00. SECTION II. The Town Manager shall notify the developer that liability for the irrevocable letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Tavistock Farms Section 4. 90-130: RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION IN TAVISTOCK FARMS SECTION 5 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Tavistock Farms Section 5 and certified that the value of work performed exceeds $469,993.00; and WHEREAS, an irrevocable letter of credit from Perpetual Savings Bank, FSB in the amount of $587,491.00 has been provided by the developer and approved by Council to guarantee installation of public improvements in Tavistock Farms Section 5. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from Perpetual Savings Bank, FSB in the amount of $587,491.00 is reduced to $117,498.00. SECTION II. The Town Manager shall notify the developer that liability for the irrevocable letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Tavistock Farms Section 5. 90-131 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION IN TAVISTOCK FARMS SECTION 9 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Tavistock Farms Section 9 and certified that the value of work performed exceeds $154,319.00; and WHEREAS, an irrevocable letter of credit from Perpetual Savings Bank, FSB in the amount Minutes of June 13, 1990 of $192,899.00 has been provided by the developer and approved by Council to guarantee installation of public improvements in Tavistock Farms Section 9. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from Perpetual Savings Bank, FSB in the Amount of $192,899.00 is reduced to $38,580.00. SECTION II. The Town Manager shall notify the developer that liability for the irrevocable letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Tavistock Farms Section 9. 90.132 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF ROAD IMPROVEMENTS TO SYCOLIN ROAD (ROUTE 643) ALONG THE FRONTAGE OF THE WARD COMPONENTS PLANT WHEREAS, Ward Corporation, the developers of the Ward Components Plant have not completed all the required road improvements along Sycolin Road (Route 643) in accordance with the approved construction drawings and town standards within the one-year period plus the six month time extension authorized by the Council; and WHEREAS, the letter of credit from The Washington Bank in the amount of $34,802.00 provided by the developer to guarantee the installation of the road improvements expires on June 13, 1990; and WHEREAS, the Ward Corporation has requested a time extension to allow the road improvements to be constructed in the summer of 1990, and provided a new letter of credit from the Washington Bank in the amount of $34,802.00 to guarantee the installation of the road improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The irrevocable letter of credit from The Washington Bank in the amount of $34,802.00 in a form approved by the Town Attorney and a time extension of 90 days for the installation of the road improvements to Sycolin Road (Route 643) are approved. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Lovin On motion of Mr. Mulokey, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted. 90-133 - RESOLUTION - APPROVING THE PROPOSED LEESBURG MUNICIPAL AIRPORT MASTER PLAN UPDATE WHEREAS, the proposed airport master plan update has been completed by Howard, Needles, Tammen and Bergendoff (HNTB) to reflect the installation of an instrument landing system and relocation of hangars to the west side of the airport; and WHEREAS, the installation of the instrument landing system will substantiany improve the airport's safety and marketability as well as attract additional corporate aircraft to Leesburg Municipal Airport; and and WHE~, a public hearing on the plan was held by the Town Council on October 10, 1989; WHEREAS, the FAA and the Virginia Department of Aviation have provided significant input into the development of the plan and have indicated approval will be forthcoming. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Municipal Airport Master Plan update as submitted to the Town Council oa June 1, 1990 is hereby approved. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent~ Councilmember Lovin On motion of Mr. Mulokey, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted. 90-134 - RESOLUTION - ADOPTING A STORMWATER MANAGEMENT MASTER PLAN FOR TILE. TOWN OF LEESBURG WI-IE~ the Town of Leesburg engaged Camp Dresser & McKee, consulting engineers, for Minutes of June 13, 1990 evaluation of the adequacy of the existing stormwater system, development of a compute, rizcd ~torm system model, and preparation of a stormwater management plan with recommendations for cepital improvements which address existing and future flooding problems; and WHEREAS, Camp Dresser & McKee has developed three alternative plans for meeting the future stormwater management needs of the Town; and WHEREAS, Alternative No. 2B is recognized as the most efficient, economical and practical plan and will provide 100-year flood protection along Town Branch and 100-year flood protection along Tuscarora Creek; and WHEREAS, this alternative has been reviewed and is recommended by the town's Department of Engineering and Public Works and the consulting engineer; and WHEREAS, this plan is consistent with the current policy for stormwater management included in the current Leesburg Town Plan. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The August 1987 Stormwater Management Master Plan as prepared and amended by Camp Dresser & McKee is adopted, subject to minor technical corrections authorized by the Director of Engineering and Public Works. SECTION II. Alternative No. 2B as described in the plan is selected as the official plan for management of stormwater runoff and flooding in the Town of Leesburg in Virginia. Mr. Minor said that this has been a long, effective, fruitful two and a half year process. Mr. Mason said that the first draft was received in 1987. The modifications and updates to this plan represents the best interest for our citizens. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Lovin On motion of Mr. Mulokey, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 90-135 - RESOLUTION - AUTHORIZING A LEASE WITH SHENANDOAH COLLEGE AND CONSERVATORY WHEREAS, Leesburg's municipal government center is expected to be ready for occupancy in October of 1990; and WHEREAS, limited space is available for lease to a compatible institution; and WHEREAS, Shenandoah College and Conservatory plans to expand its current MBA program and other programs in Leesburg and eventually establish a permanent presence within the town; and WHEREAS, the Council is interested in leasing an office to the Leesburg Coordinator, Dr. Travis L. Sample, and making available the below ground level reception room for classroom space; and WHEREAS, establishing a relationship with Shenandoah College and Conservatory recognizes the town's interest in assisting the college in locating and establishing a permanent college-owned branch within the Town of Leesbur~. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to prepare a lease by and between the Town of Leesburg and Shenandoah College and Conservatory for the lease of an apprexim&te 2~5 square-f~ot office at an annual rent of $15.00 per square foot and the usage of the below grounv, lezel recept..on room for up to four classes per term at a cost of $15.00 per hour, not to exceed $2,070 in any one year. The term of the lease shall be for two years with unilateral cancellation b:~ either party with three months notice. Form of said lease shall be reviewed and approved by the town attorney. Mr. Minor said that the college presently uses the School Board meeting room for their class rooms. The town does not want to compete with the private sector. This would provide exposure to the downtown and bring potential customers. It is expected that there will be about 20 students and the classes will be held in the evenings and on the weekends. This is a two year lease which can be cancelled at any time. Aye: Councllmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Lovin On motion of Mrs. Forester, seconded by Mr. Clem, the following Proclamation was proposed Minutes of June 13, 1990 and unanimously adopted. PROCLAMATION SEAT BELT AND C~ RESTRAINT SAFETY MONTH WHEREAS, the Leesburg Police Department has requested that the month of June be declared "Seat Belt and Child Restraint Safety Month" for Leesburg; and WHEREAS, the Leesburg Police Department is participating in the state-wide "Chiefs Challenge 90"; and WHEREAS, "Chiefs Challenge 90" is sponsored by the Virginia Auto Safety Alliance in cooperation with the Virginia Association of Chiefs of Police Educational Fund and the Virginia State Police; and WHE~, this program is a month-long effort in which Virginia's law enforcement community is challenged to promote regular and proper use of safety belts; and WHEREAS, all 50 states and the District of Columbia now have child passenger safety laws; and WHEREAS, when worn correctly, safety belts are our citizen's best protection in a crash: THEREFORE, I, 'Robert E. Sevila, MaYor of the Town of Leesburg in Virginia, do hereby proclaim the month of June as "Seat Belt and Child Restraint Safety Month" for Leesburg and call upon my fellow citizens to support the efforts of the Leesburg Police Department. Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila Nay: None Absent~ Councilmember Lovin Mayor Sevila said that further discussions regarding the Utility Fund Budget would take place after the June 20, 1990, Planning and Zoning Committee and Administration and Public Works Committee meetings. An executive session will be held after the June 27, 1990, regular Council meeting to discuss the annual manager's performance report On motion of, and duly seconded, the meeting was adjourned. Robert E. Sevila, Mayor Town of Leesburg (his page intentionally left blank)