HomeMy Public PortalAbout1990_06_27MINUTES OF THE REGUL~R MEETING OF TIlE LEESBURG TOWN COUNCIL
JUNE 27, 1990
A regular meeting of the Leesburg Town Council was held in the School Board meeting room,
102 North Street~ N.W., Leesburg, Virginia on June 27, 1990, at 7:30 p.m. The meeting was called to
order by the Mayor, with the invocation given by Mr. Tolbert ~nd the Salute to the Flag led by
Councilmember William P. Mulokey. All members of the Council were present and included: Mayor
Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton
E. Lovin, William P. Mulokey and John W. Tolbert~ Jr. Staff members present were: Town Manager
Jeffrey H. Minor, Assistant Town Manager Steven C. Brown, Director of Planning, Zoning and
Development Katherine Imhoff, Director of Finance Paul E. York, Director of Parks and Recreation
Gary Huff, Director of Engineering and Public Works Thomas A. Mason, Public Information Officer
Susan Farmer and Town Attorney George Martin. Also present were: Councilmembers-elect Georgia
W. Bange and William F. Webb.
Petitioners
Mr. Benjamin Graham, Chairman of the NVBIA Outreach Committee, addressed the Council
with a token of appreciation. The NVBIA held the second annual 10K race through Leesburg on June
10, 1990. A significant amount of money was raised and will be contributed to local community need.
The Cable Vision Company taped the race and submitted the tape for a competition. The tape won
the competition and will air through the month of July on the metropolitan area cable networks news
programs. Mr. Graham presented members of the Council with a T shirt.
Mayor Sevila commended Mr. Graham on the excellent presentation. This will bring honor and
attention to the Town of Leesburg. The race was a tremendous success.
Mrs. Patricia McMahan, a resident of 1308 Campbell Court, addressed the Council thanking
them for their support of Potomac Crossing, especially Mr. Tolbert and Mr. Mulokey. Mrs. McMahan
made a presentation to the Council with regard to the proposed cottage homes. The presentation is
attached to this set of minutes and is made a part of the official record.
Mr. John McKisson, a resident of 1307 Campbell Court~ addressed the Council. His statement
is attached to this set of minutes and is made a part of the official record.
Mr. Jim Avramis, a resident of 1301 Barksdale Drive, showed the Council a video depicting
Potomac Crossing.
Mr. Minor, said that a couple of issues have developed over the last several months on the
cottage style homes. The Grimm Company was going to experiment with a smaller home - a cottage
style home. Staff received literature on this home and discovered that the garage was going to be
optional, the houses would have an option not to have a finished second floor and some of the sizes of
the homes on 10,000 foot lots may be substantially smaller than what has been developed in the past
and what may be required in the rezoning plan.
Staff attempted to fit a requirement from the rezoning plan in with our own views, in that
there should be a harmonious, architectural building style in the planned community.
We were very disappointed that the Grimm Company was interested in this. This was Grimm's
approach to affordable housing. Staff believes that affordable housing should also be planned and not
done as a last minute reaction to a market that often fluctuates. The same challenges that face
Potomac Crossing also face Woodlea Manor, Tavistock Farms and others.
Of the three models submitted by the Grimm Company only one model was more than 2,000
square feet. The first sheet of the plan has a table that describes the anticipated housing characteristics
which helps us with the size. We were trying to find something to ensure the harmonious
development. We are on the precise side of the community. Unfortunately we have another obligation
wv. ich i~ we also make the decisions. The Clemente group negotiated a deal that left them with the
option to buy those lots and the ability to build those cottage homes. The Clement group, in a meeting,
acknowledge that they intended to build the cottage homes. Unfortunately we are left to enforce the
law reasonably and fairly recognizing that if we trample on one set of rights the judge is going to be
ultimate arbiter. We want to do what is right~ Staff went with the most restrictive - the 2,000 square
foot minimum. Mr. Minor would like to require an attached garage for that house. If there is a way
that our legal counsel and zoning administrator can find a way to do that - we will do all that we can
to defend that position in court. We were confronted with a developer who was extremely upset over
our position that; he could not leave an unfinished floor, he could not build the other two models, they
had to be a minimum of 2,000 square feet and they had to have a garage as a requirement. It is a
shame that the developer would let the fact that a garage is not attached diminish their opportunity
for some residual goodwill where none has existed. Mr. Minor is extremely disappointed that there is
no leverage between Ctemente and Grimm to ensure that there will be an attached garage.
Mayor Sevila asked Mrs. McMahon if there were any restrictive covenants recorded against the
properties in Potomac Crossing and requested that copies of them be given to staff.
Minutes of June 27, 1990
Mr. Lovin said that the Clemente family attended last Saturday's Listening Session. It was very
nice talking to them. They have made some headway with dialogue that may not have been there with
the previous owners. They did reinstate their desire not to do the detached garage. The single-family
house with a detached garage would be a deterrent to the development and hopefully Mr. Minor can
find some way to strengthen the zoning ordinance. It speaks well for the Clement family who will be
open and listen to the residents.
Mr. Clem said that he has attended almost all of the homeowners meetings. Dealing with the
Grimm Company has not been a pleasurable association, in that, they have done everything they can
to make it difficult on the citizens in Potomac Crossing. The meeting that was held at the fire house
when the Clemente family took over was a very productive meeting. Everyone walked away feeling very
comfortable. They are a legitimate, honest, up front company that is going to try to address all of the
concerns. Mr. Clem is very disappointed with the meetings with Ann Grimm. He asked that Mr.
Minor see what can be done to stop the garage from being detached.
Mayor Sevila asked the town's legal staff look into all the documents including those presented
tonight and referred to in the public statements as well as the approval documents to see if there is
a basis in which the town can enforce the real or implied representations about building styles, sizes,
etc. If counsel advises that there may be a private cause of action on behalf of the homeowners, then
the citizens should be advised of those findings. Mr. Minor said that time is of the essence. We will
not get a clean, risk free solution to this problem. Mr. Minor is prepared, ff the Council concurs, to
revoke the permit and proceed to stop work on the project. Mayor Sevila said it might be that the
advice received from the town attorney, to date and further input we receive on this issue would be
appropriately the subject of an executive session. These decisions should be discussed with our counsel
present so we know the full risks involved. Mr. Minor suggested going into executive session at the
July 2, 1990, special meeting, to further discuss this matter. Mr. Clem said that these citizens have
been through enough and we must take some sort of action to help them.
Mr. Mulokey asked what can and what has the town done since Potomac Crossing was approved
to make sure that these kinds of mistakes do not happen again. Mr. Minor said that safeguards are
in the proffers. We negotiate voluntary proffers with the developers and those proffers speak more
precisely about elevations, as well as a number of things.
This matter was referred to the July 2, 1990, special meeting to be discussed in executive
session.
Mr. Boyd Callender, a resident of 332 Foxridge Drive, addressed the Council submitting a
petition representing the citizens of the Foxridge Subdivision. The petition is against the construction
of a basketball court in the proposed location. If there is a basketball court to be built we suggest that
it be a half court located in the Foxridge recreation park. Ninety percent or more of the residents do
not want the basketball court in the passive park. The people are not against a basketball court but
want it to be located in the recreation park.
Mr. Minor said there is a compromise that will allow the town to develop the court. While the
offer of a full length basketball court was most gracious, the people and children that will be using the
court will be satisfied with a half court. It is staff's suggestion that the proposed basketball court be
constructed in the active park in Foxridge. This item was referred to the July 5, 1990, Administration
and Public Works Committee meeting.
Mr. Paul Bengtson, a resident of 109 Loudoun Street, addressed the Council. He looks forward
to the opening of Ida Lee Park. He and his wife have joined the park and would like to be able to
walk to the park instead of drive. He requested the Council look into finding a way that people could
walk to the park by way of the Union Cemetery or Old Waterford Road. The Mayor suggested
forwarding this matter to a future agenda and make a careful evaluation of sidewalk networks in that
area. Mr. Minor said that the North King Street sidewalk connection is in the CIP.
Mr. Dave Culbert, a resident of 405 Edwards Ferry Road, addressed the Council. He thanked
Mr. Tolbert and Mr. Mulokey for their efforts on behalf of the town. The town has been well served
by both of thes~ members. He encouraged them to continue their active involvement in the town.
Ee ~plained~hat in 1988 he submitted to the town, some legal, form documents for town use
and consideration for developers who desire to grant easements, dedications, subdivide property, etc.
His thought being *~hese documents would provide some uniformity, consistency and would be helpful.
In 1989 he resubmitted another set of these documents, since he had not received any comments.
Thereafter, it was brought to his attention that there was some consideration to include these forms
as part of the Design and Construction Standards Manual (DCSM). They were attached, with some
modifications, to the draft DCSM. This year, as a result of that, he submitted six pages of some
comments. He understands that the documents he submitted, as revised, are not the documents that
are part of the DCSM. He has not seen these documents, therefore, he does not know if they are good
or bad or that they may not be 98 percent of what he submitted. He realizes that this matter is now
up for adoption.
Mr. Paul Gauthier, said that he was under the assumption that the .Deputy Town Attorney was
coordinating her latest revisions to these documents with Mr. Culbert. The revisions are very minor,
These forms are for guidance only. The town attorney reviews each easement. Mr. Culbert said that
from the outset he has found Mr. Gauthier very responsive. He did review the documents and his
Minutes of June 27, 1990
involvement with this procedure has been positive.
Mr. Reavis Sproull, a resident of Edwards Ferry Road, addressed the Council very concerned
with the lack of sidewalks on Edwards Ferry Road. Mr. Minor said that the town's CIP does
appropriate money for sidewalks on Edwards Ferry Road.
Public Hearing - #SE-90-2 Old Mill Boarding Kennel, Inc.
Ms. Imhoff addressed the Council. She said this was a request to expand the existing kennel.
The property is located on Lawson Road and on June 4, the Planning Commission recommended to
the Council approval of this application. Ms. Imhoff briefly explained the conditions under which the
Planning Commission recommended approval.
Mr. Leland Mahan, representing the applicant, addressed the Council. He explained that the
expansion is to meet the increased need in the community where people can leave their pets. The
applicant is seeking a special exception approval which will allow for a run, an indoor pen and a 2,500
square foot hospital.
Mayor Sevila asked what setback, if any, is there on the northeast side of this property. Ms.
Imhoff said it is about 120 feet from the edge of the property line to the edge of the building. The
Mayor understands that it is the kennel structure itself that has to be 200 feet from an adjoining lot
line. Ms. Imhoff said the minimum lot size is 2 acres and the veterinary hospital would be centrally
located on the site and would be 200 feet from adjoining lot lines.
Mr. Mulokey asked if the adjacent property owners were notified and did they have any
objections. Ms. Imhoff said that notification was not required with this process - no comment or public
objection has been received.
Mr. Edelheit, the applicant addressed the Council saying that he has verbally communicated
with his neighbors - they were in favor of the expansion.
Ms. Imhoff said she would check the special exception criteria to make sure there is no
requirement to notify adjoining lot owners. Mr. Clem could not imagine why this requirement would
be left out. If someone was building something next to him he would like to know about it. Mr. Minor
said an amendment to the Zoning Ordinance would be necessary to add this requirement to special
exception applications. Mr. Clem has no problem with this application but in the future it should be
policy that all adjoining property owners be notified. He asked Mr. Minor to refer the matter of
notifying adjoining property owners to a future Administration and Public Works Committee agenda.
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. Clem, seconded by Mr. Tolbert~ this matter was
referred to the first Planning and Zoning Committee meeting in July.
Aye~
Nay:
Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
None
Public Hearing - Amendments to the Annexation Area Development Policies
Mr. Minor said the Joint Policy Committee established under the AADP's has met several times
to develop amendments to the AADP's. These policies are part of the 1983 Annexation Agreement
between the town and county as part of the court order. The policies called for a review in December
of 1989. Either the town or the county can modify these policies. There are certain policies that the
Council cannot modify - these relate to the excess development fee charged if a project has a density
that exceeds the planning section density. It is in the town's best interest to continue to work with
these policies. It is the only vehicle the town has to have input into the planning and utility service
of the area within the LAMP outside our current corporate limits. Therefore, the county and town
have attempted to jointly plan this area. The amendments that are presently proposed are not very
radical and do not initiate any new land use changes but basically reflect some of the changes to the
philosophy and new opportunities that have arisen over the last five years. An equally important
initiative was the Council's Urban Limit Line (ULL). There is nothing in the AADP's that will
adversely affect us in 1994. The year 1994 is an important date because that is the time when the
prohibition in the annexation agreement against petition annexations and ordinance initiated
annexations is lifted.
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. Clem, seconded by Mr. Tolbert, this matter was
referred to the first Planning and Zoning Committee meeting in July.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Mr. Kimball referenced page 11 of the AADP's and asked if this is an appropriate document
to indicate a reference to noise zones, and traffic pattern overlays on development plans, charts, graphs,
etc. Mr. Minor amended the Airport Policies language to read., the location of the airport, traffic
patterns and noise contours shall be included within all prominent sales brochures for proposed new
development.
Minutes of June 27, 1990
Mrs. Forester referenced page 18 of the AADP's regarding the Government Facilities. She feels
18 a, under the Commentary, is premature since a public hearing is scheduled August 8, 1990. Also
under Policies it is premature to delete the fact that the fire station might be located east of the
bypass.
On motion of Mrs. Forester, seconded by Mr. Lovin, these changes were referred to the first
Planning and Zoning Committee meeting in July.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Councilmember comments
Mr. Mulokey said since this is his last opportunity to make these comments, he wished to thank
the Mayor and Council for their action, two years ago, that gave him the opportunity to share this
adventure for the past couple of years, helping Leesburg grow and keeping the kind of place that we
all like to live in.
He wished to thank the town staff. In the past two years, as he has worked with various
members of the town staff, he has found them uniformly to be effective, qualified professionals who did
their best to do the best for Leesburg. They are the bedrock of Leesburg government. In his view
the Town Council owes the town staff a clear policy that they can put into effect for the citizens. We
owe them sufficient resources to be able to do their jobs, including adequate compensation. We all owe
them our personal and public support.
Mr. Lovin reported on the June 18, BAR meeting.
He and Mr. Tolbert attended Saturday's Listening Session.
He attended the first Bluemont Concert Series. It was well attended.
Lastly, he wished to say goodbye to Mr. Mulokey who he has enjoyed serving with over the last
two years. Mr. Lovin appreciates Mr. Mulokey's work.
He also wished to say goodbye to Mr. Tolbert and noted Mr. Tolbert's fourteen years of not
missing a Council meeting.
Mr. Clem thanked all of the citizens in Foxridge for their support in relocating the basketball
court. He also thanked Mayor Sevila for taking the time on Saturday to talk this issue over with him.
Mr. Huff has come to a conclusion that will satisfy the majority of the citizens in Foxridge.
He thanked the Mayor for attending the Antique Car Show and choosing an automobile. Mr.
Clem presented the Mayor with all the plaques for the past nine years. The Lions Club appreciates
the Mayor's support. Mr. Clem explained that it is an honor to have your car picked by the Mayor
because it goes on a plaque that is traded all over the country.
Mr. Clem reported on a problem on Meadows Lane. The citizens are trying to recapture their
neighborhood. He would like to have a meeting with some of the key people in town and the Meadows
Lane Homeowners Association to help them.
He wished to thank Mr. Tolbert and Mr. Mulokey for a fine job they have done while serving
on the Town Council. It has been an honor, a pleasure and a privilege to serve with Mr. Tolbert.
Mr. Kimball shares Mr. Reavis Sproull's concern with regard to the speed of traffic on some
of the streets.
He wished to echo Mr. Lovin's and Mr. Clem's comments with regard to Mr. Tolbert and Mr.
Mulokey. He was proud to endorse Mr. Mulokey's candidacy for Council two years ago. He has been
a tremendous help to the town in many aspects. Mr. Tolbert has been an inspiration and Mr. Kimball
appreciates what Mr. Tolbert has done for the community.
Mrs. Forester thanked Mr. Huff for resolving the issue at Foxridge. She met with Mr. Huff
and citizens of Foxridge on Monday.
The Planning Commission has heard the concerns of the citizens of Potomac Crossing regarding
the cottage homes and shares the concerns of the Council with this matter.
She attended the Bluemont Concert Series on Sunday. It was a great evening for a concert.
She wished Mr. Tolbert and Mr. Mulokey well and looks forward to seeing them both active
in town politics, town government and town volunteerism.
Mr. Tolbert concurred with Mr. Mulokey in regards to the town staff. He has always been a
supporter of town staff. Mr. Tolbert read a poem entitled "Old Age is Hel¥.
Mayor's Report
Minutes of June 27, 1990
Mayor Sevila said that he attended the farewell party for Mr. Tolbert. He has really enjoyed
Mr. Tolbert's company, the many hours spent both in private meetings and in Council meetings. He
hopes that Mr. Tolbert will continue his spirit of dedicated public service and stay active in town
matters and most importantly stay accessible to all of the Council.
He also wished Mr. Mulokey a fond farewell. Mr. Mulokey filled a vacancy on the Town
Council and was literally an unknown to everyone. He was the unanimous choice to this entire Council
and has paid us back in dividends for the choice we made. It has been nearly two years since the
Council made that selection - you have rewarded us over and over with sound judgement, friendliness,
and most importantly the wise input to just about every decision we have. You and Mr. Tolbert have
been a model for all of us who continue on Council to follow.
The Mayor presented a Certificate of Appreciation to Mr. Mulokey.
Mayor Sevila recognized Mr. Leland Mahan. Mr. Mahan expressed concern about the notice
for the Old Mill Boarding Kennel, Inc., and asked the Council to readvertise for another public hearing
on July 25, 1990. Mr. Minor said it was important to note that this Council and prior Counsels have
approved dozens of conditional uses and special exceptions without notification. Council will adopt a
resolution, this evening, to advertise and conduct a public hearing on July 25, 1990.
On motion of Mr. Clem, seconded by Mrs. Forester, #SE-90-2 Old Mill Board Kennel, Inc., will
be advertised and notice will be sent to adjoining land owners as required by the Virginia State Code.
Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
None
Mr. Minor said if it is confirmed that notice to property owners is a requirement of the State
law then the town shall pay for the advertisement. Conversely if it is not then the applicant would pay
for the additional advertisement.
Manager's Report
Mr. Minor appreciates Mr. Brown's efforts, in his absence, as well as Mr. Huffs. The Ida Lee
Park dedication is scheduled for July 14.
He wished Mr. Muiokey and Mr. Tolbert well.
Legislation
On motion of Mr. Clem, seconded by Mr. Tolbert, the following items were proposed as consent
items and unanimously adopted.
90-0-18 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED
PAY AND CLASSIFICATION PLAN
WHE~, each year the manager's office reviews the town's pay and classification plan for
appropriate revisions required to maintain internal and external pay equity; and
WHEREAS, the manager's recommendations have been discussed in detail at the Council's
budget workshops; and
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational
group and pay grades, is amended to read as follows:
Sec. 12.1-10. Classification of town employees by occupational
arouos and oa¥ erades.
Employees in the town service are classified in the following occupational groups and pay gr,.des:
Occupational
Groups
Position Pay Grade
Executive-Managerial
Law Enforcement
Dir. of Engineering 27
& Public Works
Chief of Plan Review 24
Dir. of Utilities 26
Director of Finance 26
Dir. of Planning, Zoning 26
and Development
Assistant Town Manager 26
Chief of Police 26
Dir. of Parks and Recreation 24
Parking Control Officer 1
Minutes of June 27, 1990
Administrative-Clerical
#
Supervisory
#
Technical
n
Professional
Construction/Maintenance
Police Officer ~l~ 13
Police Officer 1st Class 14
Corporal 14 15
Sergeant ~ 17
Lieutenant 14 20
Captain ~ 22
Investigator 14 15
Clerk Typist 4
Data Entry Clerk 3
Secretary 5
Accounting Clerk I 4
Accounting Clerk H 5
Administrative Secretary 7
Zoning & Development Asst. 10
Executive Secretary 10
Clerk of Council 11
Deputy Clerk of Council -~ 9
Personnel Assistant -8 9
Public Information Officer 8
Desk Clerk 2
Supt. Equipment Maintenance 15
Water Supply Superintendent 18
Superintendent Bldgs., 17
Grounds and Maintenance
Utility Lines Superintendent 17
WPCF Superintendent 18
Aquatics Coordinator 15
Recreation Supervisor II 15
Recreation Supervisor 12
Aquatics Supervisor 12
Asst. Utility Plant Mechanic 5
Heavy Equip. Operator 7
Utility Billing Technician 8
Asst. Streets, Bldg. & Grounds 13
Superintendent
Asst. Superintendent Eq. Maint. 13
Senior Operator 12
Operator I 11
Operator II 10
Operator IH 7
Operator IV 4
Asst. Ut. Lines Superintendent13
Maintenance
Asst. Ut. Lines Superintendent 13
I&I
I&I Technician 7
Senior Inspector 14
Senior Utility Plant Mechanic 11
Asst. Water Supply Supt. 13
Capital Projects Coordinator 14 19
Capital Projects Representative 14
Asst. WPCF Superintendent 13
Facility Inspector 13
Engineering Technician 12
Planning Technician 11
Zoning Technician 11
Assistant Zoning Admin. 14
Systems Technician 8
Meter Technician 5
Chief of Operations & 18
Inspections
Engineer II 18
Traffic Engineer 18
Engineer I 15
Asst. Dir. Planning, Zoning & 23
Development
Planner I 15
Planner II 17
Principal Planner 18
Asst. Director of Finance 15
Zoning Administrator 19
Laborer 1
Maintenance Worker II 7
Maintenance Worker I 5
Mechanic I 5
Minutes of June 27, 1990
SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation of
employees in the town service, is amended to read as follows:
Grade FY 1991 Range
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
14,232-21,362
14,944-22 431
15,691-23 552
16,475-24 730
17,299-25 966
18,164-27 264
19,073-28 627
20,025-30 060
21,017-31 561
22,079-33 141
23,183-34 797
24,342-36,537
25,559-38,363
26,837-40,281
28,178-42,296
29,588-44,411
31,067-46,631
32,620-48,963
34,251-51,411
35,964-53,982
37,762-56,681
39,650-59,515
41,632-62,490
43,714-65,615
45,900-68,896
48,195-72,340
50,605-75,958
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective for payrolls in the fiscal year
beginning July 1, 1990.
90-0-19 - ORDINANCE - ADOPTING A DESIGN AND CONSTRUCTION STANDARDS MANUAL AS
PART OF THE SUBDMSION AND LAND DEVELOPMENT REGULATIONS
V~-IEREAS, in 1988, a consulting services contract was entered into by and between the Town
of Leesburg and William H. Gordon Associates of Reston, Virginia to prepare a Design and Construction
Standards Manual for adoption as part of the Town of Leesburg's Subdivision and Land Development
Regulations; and
WH~EREAS, approximately ten months later, following careful coordination among the
Department of Engineering and Public Works, the Department of Planning, Zoning and Development,
and consultant, a design and construction standards manual had been prepared and received by this
Council; and
WHEREAS, Leesburg's Design and Construction Standards Manual will promote the health,
safety and general welfare of the public by assisting the professional design community in the
preparation of construction drawings for development plans and subdivision plats and will facilitate plan
evaluation by public review agencies to ensure orderly, high quality development within the town in
accordance with state and local statutes; and
WHE~, the adoption of this manual will also represent an important part of the Town
Leesburg's efforts to shorten the review time for land development applicstions~ and
WHEREAS, the Design and Construction Standards Interim Guf felines was referred to the
Planning Commission on April 11, 1989 pursuant to Section 15.1.472 of the 1950 Code of Virginia, as
amended; and
WHEREAS, Revision Packet Number 1 was issued on January 9, 1990; and
WI-tEEEAS, the Planning Commission forwarded a recommendation for approval of the Design
and Construction Standards Interim Guidelines, plus Revision Packet Number 1 to the Town Council
on January 18, 1990; and
WHEREAS, a public hearing for the proposed Design and Construction Standards Interim
Guidelines, Revision Packet Number 1, with Addendum Number 1, was held by the Town Council on
March 13, 1990; and
Minutes of June 27, 1990
WHEREAS, these documents have been reviewed by the professional design community and
the Department of Engineering and Public Works has met with representatives of the design community
on numerous occasions to review, discuss, and evaluate the Design and Construction Standards Manual;
and
WHE~, Revision Packet Number 2 and Addendum Number 1 to Revision Packet Number
2 have been issued; and
WHEREAS, all msjor issues raised by the design community concerning the content of the
Design and Construction Standards Manual Interim Guidelines and revisions thereto have been resolved.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Design and Construction Standards Manual Interim Guidelines, Revision
Packet Number 1, Addendum Number I to Revision Packet Number 1, Revision Packet Number 2 and
Addendum Number 1 to Revision Packet Number 2 are hereby adopted as part of the Subdivision and
Land Development Regulations of the Town of Leesburg in accordance with Section 15.1-466 of the
Code of Virginia 1950, as amended, and shall be identified as the Design and Construction Standards
Manual.
SECTION II. Where a conflict between the Design and Construction Standards Manual and
the current Subdivision and Land Development Regulations exist the Manual shall govern.
SECTION III. Any final subdivision plat~ final development plan, minor subdivision plat~ or
preliminary/final development plan for which the Land Development Official and Director of
Engineering and Public Works have accepted for review a set of construction drawings, prior to, or
within 60 days after, the effective date of this ordinance shall be reviewed and approved under the
regulations in effect prior to passage of this ordinance. This provision shall be effective for all plan
submissions required for approval, so long as each revision to said construction plans is submitted
within six months of the date that the Director of Engineering and Public Works issues comments
disapproving the construction drawings.
SECTION IV. Severability. If any portion of these amendments is declared invalid by a court
of competent jurisdiction, the decision shall not affect the validity of amendments as a whole or any
remaining provision of the Leesburg Subdivision and Land Development Regulations.
SECTION V. This ordinance shall become effective upon its passage.
90-137 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, the FY 1991 town budget adds five new positions and deletes two previously
authorized positions; and
WHE~, additional and deleted positions must be reflected in the town's staffing plan; and
WHEREAS, the manager's recommendations have been discussed in detail at the Council's
budget workshops; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town services established for the
fiscal year beginning July 1, 1990, are amended as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council 1
Deputy Clerk 1
EXECUTIVE DEPARTMENT
Manager
Assistant Town Manager
Executive Secretary
Personnel Assistant
Public Information Officer
Clerk Typist
FINANCE DEPARTMENT
Director of Finance
Assistant Director of Finance
Accounting Clerk II
Accounting Clerk I
Minutes of June 27, 1990
Systems Technician
Utility Billing Technician
Administrative Secreta ,fy
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corpora]
Police Officer
Police Officer 1st Class
Administrative Secretary
Secretary
Parking Control Officer
Data Entry Clerk
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Traffic Engineer
Administrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Plan Review
Chief of Operations/Inspections
Engineer II
Engineer I
Capital Projects Coordinator
Capital Projects Representative
Senior Inspector
Facility Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker H
Maintenance Worker I
Laborer
Laborer (Temporary)
EQUIPMENT MAINTENANCE
Superintendent
Asst. Suoerintendent
Heavy Equipment Operator
Mechanic I
Laborer
PLANNING, ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development
Chief of Current Planning
Zoning Administrator
Principal Planner
Planner II
Planner I
Planning Technician
A~istant Zoning Administrator
Zoning and Development Assistant
Administrative Secretary
Summer Intern
PARKS AND RECREATION
Director of Parks and Recreation
Administrative Secretary
1
2
1
1
1
1
1
1
1
2
1
1
3
1
1
1
1
3
1
1
3
5
8
1
1
1
1
1
1
1
1
2
1
.25
1
Minutes of June 27, 1990
Recreation Supervisor
Recreation Supervisor
Aquatics Coordinator
Aquatics Supervisor
Desk Clerk
1
1
1
3
UTILITIES
ADMINISTRATION
Director of Utilities
Engineer II
Senior Utility Plant Mechanic
Administrative Secretary
Asst. Utility Plant Mechanic
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Operator
Equipment Operator
OperaWr I
OperaWr II
OperaWr III
Operator IV
Laborer
Laborer (Temporary)
1
1
4
2
1
.25
!
!
_s
1
1
UTILITY LINES
Superintendent
Asst. Superintendent I&I
Asst. Superintendent Maintenance
Maintenance Worker II
Maintenance Worker I
I&I Technician
Meter Technician
Laborer
Laborer (Temporary)
1
1
1
2
2
1
1
2
.25
WATER SUPPLY
Superintendent 1
Asst. Superintendent 1
Operator I ~
Operator III 4
Operator II 1
Operator IV 1
Laborer (Temporary) .25
2
TOTAL PERSONNEL AUTHORIZED
Full Time Equivalent
!5! 157
Part Time Temporaries
90-138 - RESOLUTION - AUTHORIZING A REAPPROPRIATION OF FUNDS FROM THE GENERAL
FUND RESERVED FUND BALANCE
WHEREAS, the general fund balance for the period endin~ June 30, 1989, was reserved for
$225,070 in encumbrances outstanding on that date; and
WHE~, during the fiscal year ending June 30, 1990, $198,063.26 in prior year
encumbrances have been expended:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A reappropriation of funds is authorized from the general fund reserved fund balance to the
following departmental budget accounts for prior year expenditures:
Account Description Amount
200-1102-300-010 Contractual Services $ 1,842.88
200-1201-300-010 Contractual Services 6,185.00
200-1202-550-010 Travel and Training 900.00
200-3101-540-010 Materials and Supplies 618.23
Minutes of June 27, 1990
200-3101-700-030
200-4102-540-010
200-4102-300-010
200-4102-700-060
200-4104-700-090
200-4400-540-010
200-4400-700-016
200-3401-540-010
200-3401-700-010
200-7113-540-010
200-8101-300-010
200-8101-700-020
200-1201-540-010
Portable Radios
Materials and Supplies
Contractual Services
Equipment
Street Light Installation
Materials and Supplies
Town Shop Improvements
Materials and Supplies
Inspections Equipment
Materials and Supplies
Contractual Services
Equipment
Materials and Supplies
1,646.75
2,914.87
693.00
34,710.00
134,360.00
259.58
2,227.11
379.00
812.00
81.14
10,075.00
48.70
310.00
Total $198,063.26
90-139 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS VEHICLES AND EQUIPMENT
WHEREAS, several pieces of surplus property have outlived their usefulness to the town; and
WHEREAS, the property must be disposed of at an advertised public auction; and
WHEREAS, August 8, 1990 is a date which accommodates required advertisements and the
auctioneer's schedule.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized and directed to sell by public auction on August 8,
1990 the following surplus property:
1
2
1
1
1
1
1
3
1
2
2
8
9
1
12
1
2
1
6
2
2
1
Various
Various
1987 Ford Crown Victoria
1984 Ford Crown Victoria's
1979 Chevrolet Dump Truck
1977 Chevrolet Wagon
1983 Chevrolet Impala
Large exhaust fan
Hanging gas furnace
Window air conditioning units
Hot water heater
American standard toilets
White lavatories
48" fluorescent ceiling fixtures
Incandescent light fixtures
Water fountain
Ceiling speakers
Fire alarm system
Track lighting systems
Combination sink, refrigerator, stove
Doors
Air conditioning compressors
Air handlers
AT&T Merlin phone system
window blinds
electrical fixtures
SECTION II. The manager shall publish appropriate notices of the items available in the July
25 and August 1 issues of the Loudoun Times Mirror.
90-140 - RESOLUTICN AUTHORIZING A NOTICE OF PUBLIC HEARING INITIATING
AMENDM~ENTS TO THE SUBDMSION AND LAND DEVELOPMENT
lqE¢ ULAT!O] IS
RESO~ ,VED by Se C~uncil of the Town of Leesburg in Virginia, as follows:
A notice of public hearing to consider proposed amendments to the Leesburg Subdivision and
Land Development Regulations and Land Development Regulations shall be published in the Loudoun
Times-Mirror on July 5, and July 12, 1990, for public hearing on July 25, 1990 at 7:30 p.m., at the
Loudoun County School Board Annex, 102 North Street, Leesburg, Virginia, 22075.
90-141 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR AN AMENDMENT
TO THE COMPREHENSIVE PLAN FOR THE TOWN OF LEESBURG
RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows:
A Notice of Public Hearing to consider an amendment to the Comprehensive Plan for the Town
of Leesburg to located a fire substation on the 10-acre public facilities site in Exeter Planned
~.oo
Minutes of June 27, 1990
Development, adjacent to the senior little league field now under design shall be published in the
Loudoun Times-Mirror on July 19, 1990 and July 26, 1990 for public hearing on Wednesday, August
8, 1990 at 7:30 p.m. in the Loudoun County School Board Annex located at 102 North Street, N.W.,
Leesburg, Virginia 22075.
90-142 - RESOLUTION - AUTHORIZING NOTICE OF A PUBLIC HEARING FOR AMENDMENT TO
MAP 4, COMMUNITY FACILITIES POLICY OF THE LEESBURG TOWN PLAN
WHEREAS, the Planning Commission held a public hearing on June 7, 1990 to consider an
amendment to Map 4 Community Facilities Policy of the Leesburg Town Plan to formally illustrate the
proposed Loudoun County government complex at Stratford in Leesburg; and
WHEREAS, the Planning Commission recommended approval of this amendment to the Town
Council on June 14, 1990:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider an amendment to Map 4, Community Facilities Policy
of the Leesburg Town Plan to formally illustrate the proposed Loudoun County government complex
at Stratford in Leesburg shall be published in the Loudoun Times-Mirror on July 5, 1990 and July 12,
1990 for public hearing on Wednesday, July 25, 1990 at 7:30 p.m. in the Loudoun County School Board
Annex, located at 102 North Street, N.W. in Leesburg.
90-143 - RESOLUTION - RECEMNG AND REFERRING REZONING #ZM-121 - LEESBURG
CORNER BY LEESBURG EAST II ASSOCIATES, L.P. FOR REVISION OF TI-rE
ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC
HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA,
AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Rezoning application #ZM-121 by Leesburg East II Associates for revision of the Zoning District
Map to rezone approximately 94.1 acres of land located at the northeast corner of the Route 7/15
Bypass interchange from R-1 and R-2 residential to PEC, Planned Employment Center, is hereby
received and referred to the Planning Commission for public hearing and recommendation under
Chapter 11, Title 15.1 of the 1950 Code of Virginia, as amended.
90-144 - RESOLUTION - RECEIVING AND REFERRING REZONING #ZM-122 -LEESBURG
GATEWAY BY A.C. ECHOLS, JR., FOR PROFFER AMENDMENTS TO APPROVED
REZONING APPLICATIONS #ZM-28 AND #ZM-76 TO THE PLANNING
COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE
1950 CODE OF VIRGINIA, AS AMENDED
RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
Rezoning application #ZM-122 by A. C. Echols, Jr. for proffer amendments to approved rezoning
applications #ZM-28 and #ZM-76 to permit multi-family and townhouse development by special
exception on the remainder of the Gateway subdivision, zoned B-2 and located adjacent to Gateway
Drive north of the Route 7/15 Bypass, is hereby received and referred to the Planning Commission for
public hearing and recommendation under Chapter 11, Title 15.1 of the 1950 Code of Virginia, as
amended.
90-145 - RESOLUTION - INITIATING AMENDMENTS TO THE LEESBURG SUBDMSION AND
LAND DEVELOPMENT REGULATIONS REGARDING CONDOMINIUMS
WHEREAS, currently the Town does not have regulations applicable to condominiums and/or
condominium conversions, and
WHEREAS, Secti )ns 55-79.43 and 55-79.94(e) and (f) of the 1950 Code of Virginia, as amended,
permits localities to adopt cond¢ ,~inium regalations. Such regulations govern the information that can
be required when ~'ev. ewiag col domin!ums, and
WHEREAS, these a~eI,dment~ are necessary to promote the public health, safety and general
welfare and to facilitate the creation of a harmonious community:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. A new amendment to the Leesburg Subdivision and Land Development Regulations
is hereby initiated as shown below:
Section 13-53. Compliance required, penalty.
(0Proposed conversion condominiums and the use thereof, which do not conform to the
Subdivision and Land Development Regulations, shall secure a special exception prior to such property
becoming a conversion condominium. A request for such special exception could only be approved, if
the applicant can demonstrate to the reasonable satisfaction of the Town Council that the non-
Minutes of June 27, 1990
conformities are not likely to be adversely affected by the proposed conversion.
SECTION II. The Planning Commission shall conduct a public hearing and report its
recommendations on the proposed amendment to the Council within 60 days of the adoption of this
resolution.
90-146 - RESOLUTION - INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE
REGARDING CONDOMINIUMS
WHEREAS, currently the Town does not have regulations applicable to condominiums and/or
condominium conversions, and
permit
can be
WHEREAS, Sections 55-79.43 and 55-79.94(e) and (f) of the 1950 Code of Virginia, as amended,
localities to adopt condominium regulations and such regulations govern the information that
required when reviewing condominiums, and
WHEREAS, these amendments are necessary to promote the public health, safety and general
welfare and to facilitate the creation of a harmonious community:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. Two new amendments to the Leesburg Zoning Ordinance are hereby initiated as
shown below:
Section 7A-12. CONDOMINIUM, GENERALLY
(1)Informat/on Filing Required. The declarant of a condominium development or conversion con-
dominium in the Town shall file with the Land Development Official, copies of all information otherwise
required to be filed by such declarant with any and all appropriate departments, agencies and offices
of the Commonwealth of Virginia and such filing with the Land Development Official shall be done
simultaneous with such other filing required by the Commonwealth.
(2)Proposed conversion condominiums and the use thereof, which do not conform to the zoning, shall
secure a special exception, prior to such property becoming a conversion condominium. A request for
such a special exception could only be approved, if the applicant can demonstrate to the reasonable
satisfaction of the Town Council that the nonconformities are not likely to be adversely affected by the
proposed conversion.
Section 7A-13. CONDOMINIUM CONVERSIONS
For the purpose of this section "elderly" means a person not less than 62 years old and "disabled"
means a person Suffering from a severe, chronic physical or mental impairment which results in
substantial functional limitations.
Offer of Lease to Elderly and Disabled Tenants Required.
1.The declarant of a conversion condominium in the Town shall simultaneous with giving tenants such
notice of conversion as is required by applicable provisions of the Code of Virginia, offer elderly and dis-
abled tenants occupying as their residence at that time, apartments or units in the proposed conversion
condominium leases or extensions of leases on the apartments or units they then occupy or other
apartments or units of equal size and overall quality.
2.Offers of leases or extensions of leases required by this section shall include no more than twenty
percent (20%) of the apartments or units in the proposed conversion condominium and shall be offered
for a term of three (3) years. Such offers of leases or extensions of leases shall not apply to apartments
or units which will, in the course of conversion, be substantially altered in the physical layout, restricted
exclusively to nonresidential use or rendered legally uninhabitable because of renovations or
rehabilitation which the declarant intends in good faith to perform, i
SECTION II. The Planning Commission shall conduct a public hearing and reports its
recommendations on the proposed amendments to the Town Council within 60 days of the adoption
of this resolution. I
90-147 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR THE CATTAIL BRANCH STORMWATER POND
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for the
Cattail Branch Stormwater Pond.
SECTION II. The irrevocable bank letter of credit in a form approved by the town attorney
from First Ameri~ B~ok in the amount of $1,126,065.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for the Cattail Branch Stormwater Pond.
Minutes of June 27, 1990
90-148 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR THE
WOODLEA MANOR RECREATION COMPLEX
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for the
Woodlea Manor Recreation Complex.
SECTION II. The extension of municipal water and sewer for the Woodlea Manor Recreation
Complex is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney
from HomeFed Bank, Federal Savings Bank in the amount of $60,939.00 is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director of
Engineering and Public Works for the Woodlea Manor Recreation Complex.
90-149 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR THE
PAXTON SEWAGE PUMPING STATION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for the
Paxton Sewage Pumping Station.
SECTION II. The extension of municipal water and sewer for the Paxton Sewage Pumping
Station is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION Ill. An irrevocable bank letter of credit in a form approved by the town attorney
from an institution approved by the Town Attorney in the amount of $126,300.00 is approved as
security to guarantee installation of the public improvements shown on plans approved by the Director
of Engineering and Public Works for the Paxton Sewage Pumping Station.
90-150 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS AND A CASH PAYMENT IN
LIEU OF SIDEWALK CONSTRUCTION, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS AT COUNTRY CLUB APARTMENTS II
WHEREAS, John C. Wright & Son, the developer of Country Club Apartments II has completed
the public improvements except for 1,150 linear feet of sidewalk in accordance with approved plans and
town standards, and these have been inspected and approved;
WHEREAS, the developer has offered a cash payment to the town in the amount of $10,350.00
in lieu of construction of 1,150 linear feet of sidewalk along the north side of Clubhouse Drive;
WHE~, the Department of Engineering and Public Works has approved the $10,350.00
payment as the construction cost of the sidewalk.
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
$235,803.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of $11,790.00 is approved, and shall be in effect for a period of one year from
this date.
SECTION II. A cash payment of $10,350.00 is hereby accepted in lieu of construction of 1,150
linear feei of sidewalk.
SECTION IlL 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 charges.
90-151 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR THE CROSSROADS BAPTIST CHURCH
RESOLVED by the Council of the Town of Leesburg in Virginia as fo]lows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for
Crossroads Baptist Church.
SECTION II. The irrevocable bank letter of credit in a form approved by the town attorney
from Jefferson Savings and Loan in the amount of $18,611.00 is approved as security to guarantee
Minutes of June 27, 1990
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Crossroads Baptist Church.
90-152 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR EXETER
SECTION 5
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for Exeter
Section 5.
SECTION II. The extension of municipal water and sewer for Exeter Section 5 is approved in
accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION HI. The irrevocable b~nk letter of credit in a form approved by the town attorney
from First American B~nk in the amount of $1,715,436.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Exeter Section 5.
90-153 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR LEESBURG
GATEWAY SECTION 3, LOT 9A
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for
Leesburg Gateway Section 3, Lot 9A.
SECTION ri. The extension of municipal water and sewer for Leesburg Gateway Section 3, Lot
9A is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION HI. The irrevocable bank letter of credit in a form approved by the town attorney
from the Mercantile Bank in the amount of $98,682.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for Leesburg Gateway Section 3, Lot 9A.
90-154 -
RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFOR-
MANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT THE BROOKMEADE CONDOMINIUMS
WHE~, Lokey Construction Company, the developer of the Brookmeade Condominiums 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
$98,682.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of $15,300.00 is approved, and shall be in effect for a period of one year from
this date.
SECTION ~'. 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 charges.
90-155 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR THE
POTOMAC CROSSING RECREATION CENTER
RESOLVED by the Council of the Town of Leesburg in Virgiuia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for the
Potomac Crossing Recreation Center.
SECTION II. The extension of municipal water and sewer for the Potomac Crossing Recreation
Center is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION HI. The irrevocable bank letter of credit in a form approved by the town attorney
from United Savings Bank in the amount of $24,123.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for the Potomac Crossing Recreation Center.
90-156 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
Minutes of June 27, 1990
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR BATTLEFI-
ELD PARKWAY SECTION II
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for
Battlefield Parkway Section II.
SECTION II. The extension of municipal water and sewer for Battlefield Parkway Section II
is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney
from First American Bank in the amount of $1,761,183.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Battlefield Parkway Section II.
90-157 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR EXETER
SECTION 9
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for Exeter
Section 9.
SECTION II. The extension of municipal water and sewer for Exeter Section 9 is approved in
accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION IH. The irrevocable bank letter of credit in a form approved by the town attorney
from First American Bank in the amount of $566,803.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Exeter Section 9.
90-158 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR EXETER
SECTION 8
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for Exeter
Section 8.
SECTION II. The extension of municipal water and sewer for Exeter Section 8 is approved in
accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION IH. The irrevocable bank letter of credit in a form approved by the town attorney
from First American Bank in the amount of $589,338.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Exeter Section 8.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Tolbe~ seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
90-159 - RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR TI-~E
FISCAL YEAR ENDING JUNE 30, 1991 AND ESTABLISHING ~ LiST
POTENTIAL EXPENDITURE REDUCTIONS FOR THE FY 1990-91
()F
WHE~, the budget and tax rate for the fiscal year ending June 30, 1991, have been
presented and reviewed by this Council; and
WHEREAS, a public hearing on the proposed budget and tax rate was held on May 22, 1990;
and
WHEREAS, the manager prepared and submitted by memorandum dated June 8, 1990 a
potential list of adjustments to the proposed budgets for the General Fund and Utility Fund for the
fiscal year ending June 30, 1991; and
W-HE~, this Council has directed the town manager to adjust the proposed budget in
accordance with the budget adjustments proposed; and
Minutes of June 27, 1990
WHEREAS, the tax rate for 1990 real estate and personal property taxes will remain at $0.17
and $1.00 respectively, per $100 of assessed valuation; and
WHE~, the Town Council at its June 13, 1990 budget workshop included, as expected
revenue, proceeds from the lease of town owned property on Liberty Street in the FY 1990-91 budget;
and
WHEREAS, Council established a list of potential expenditure reductions to be implemented
in the event projected lease proceeds are not.realized.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager's proposed budget as amended to include the adjustments proposed
in the "A list" and for the Utility Fund is adopted and appropriations are made for the fiscal year ending
June 30, 1991, in the amounts shown to the categories and accounts for the general, utility, airport and
capital projects funds, provided that capital project funds appropriations remain in effect until the
projects are completed.
SECTION II. The manager is authorized to transfer appropriations made herein to accounts
within the same departmental budget as long as the total appropriation for the department is not
adjusted.
SECTION III. The "B list" of potential expenditure reductions as presented at the June 13, 1990
Council budget workshop is hereby established.
SECTION IV. The "B list" of expenditure reductions will be invoked in the event budgeted
revenues do not meet expenditures as a result of unanticipated shortfall in lease proceeds.
SECTION V. The town manager is directed to request prior Council approval to authorize any
expenditure listed on the 'B list".
Mr. Kimball said that the Council needs more time to consider the budget issues. He endorses
and support this legislation.
Mr. Lovin said that Council had a harder job because of the .17 cent tax rate. He does not
know how Council can keep doing everything on a .17 cent tax rate. The Town of Purcellville raised
their tax rate to .23 cent because they are building a new town office. The Town of Leesburg is
building a new town office, expanding the sewer treatment plant, Ida Lee Park and the tax rate is still
at .17 cent. That is a credit to the people in Leesburg but look at what it has done to the A list and
B list of the budget.
Mayor Sevila said it is the mark of a working and efficient Council, the fact that this document
doesn't represent all of our personal views and preferences but what it comes down to is the ability in
the long run to reach an agreement and compromise. We are doing our best to hold the line on taxes
in the town at .17 cents. Leesburg's tax rate, compared to the large towns in northern Virginia, is one
of the lowest.
Mr. Minor suggested taking Sections I, II and III of proposed resolution 10(e) and adding them
to this resolution as Sections 11I, IV and V.
Mr. Clem made a motion to amend the original motion and to take Mr. Minor's suggestion of
combining the resolutions. The motion was seconded by Mrs. Forester.
Mr. Clem wished to thank the town manager and his staff for their efforts in re-examining the
budget and making the cuts that Council asked for and arriving at a budget that is workable for the
The budget was approved by a roll call vote of 7-0.
Aye: Councilme:nbers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: ~lone
On motion of ~.~Ir. Tolber~, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
90-160 - RESOLUTION - ESTABLISHING CONDITIONS FOR FUNDING THE DOWNTOWN
BUSINESS ASSOCIATION'S PROPOSED LEESBURG RENAISSANCE PROGRAM
WHEREAS, the Downtown Business Association requested funding from the Town Council to
implement the Leesburg Renaissance Program, designed to promote Leesburg using the state-wide
Mainstreet Program as a model; and
V~IE~, at the June 13, 1990 budget workshop Council included funding for the Downtown
Business Association's Leesburg Renaissance Program in the proposed 1990-91 town budget; and
WHEREAS, the funding is subject to several conditions; and
Minutes of June 27, 1990
WHEREAS, $15,000 of the funding remained on the budget's "B" list to be removed from the
budget in the event Council determines that revenues will not meet budgeted expenditures during the
next fiscal year.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Town funding for the Downtown Business Association's Leesburg Renaissance program shall
not exceed $33,000.00 and is subject to the following conditions:
A. The town manager shall be appointed to the Leesburg Renaissance Board of Directors.
B. No program proposed by the Board of Directors of Leesburg Renaissance will be funded
until that program receives authorization from the Town Council.
C. Town funding must be matched by private sector contributions.
D. Special events should be located at various locations throughout the town to benefit the
entire business community. The Downtown Business Association shall encourage the active
participation of the town's entire business community in the design and implementation of the Leesburg
Renaissance Program.
Mr. Clem said this was a small price for the town to pay. It is an investment into Leesburg's
future.
Mayor Sevila concurred with Mr. Clem. This is just the beginning of things that this Council
will have to start - getting involved in promoting the downtown and the business community in general.
We are soon to lose our entire downtown parking lot and it is going to have a tremendous impact on
local business. We are going to be forced to come up with some imaginative, creative ways tn make
sure that we are doing all we can tn promote business downtown.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Clem, seconded by Mrs. Forester, the following resolution was proposed and
unanimously adopted.
90-161 - RESOLUTION - RESCHEDULING THE JULY 4, 1990, PLANNING AND ZONING
COMMITTEE MEETING AND THE ADMINISTRATION AND PUBLIC
WORKS COMMITTEE MEETING TO JULY 5, 1990
V~I-IE~, Council's Planning and Zoning Committee and Administration and Public Works
Committee are scheduled tn meet on July 4, 1990; and
WHEREAS, these meetings will interfere with the observation and celebration of Independence
Day:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Council's Planning and Zoning Committee scheduled for July 4, 1990, 4:30 p.m., is rescheduled
tn July 5, 1990, 4:30 p.m., with the Administration and Public Works Committee following immediately
thereafter.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolution was proposed and
unanimously adopted.
90-162 - RESOLUTION - AUTHORIZING THE ESTABLISHMENT OF A RECYCLING CENTER AT
THE LEESBUi~IG PLAZ k SHOPPING CENTER
WHE~, Cou: :cil Resolution No. 90-3 adopted January 9, 1990, directed the town manager
tn work with Loudoun County and other agencies tn develop an effective recycling program within the
Town of Leesburg; and
WHEREAS, Grayson's Refuse Service, the town's contractual refuse hauler, has offered
containers and servicing for up to three recycling sites for a three month period at no cost tn the town;
and
WHEREAS, two sites have been authorized by Council at Ida Lee Park and the South Harrison
Street parking lot; and
WHE~, the Leesburg Plaza Shopping Center and Management Company have agreed to
allow a recycling center behind Dominion Bank in the shopping center's parking lot.
Minutes of June 27, 1990
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized and directed to establish a recycling center for the drop
off of newspaper, aluminum and glass at the Leesburg Plaza Shopping Center for a 90-day trial period.
SECTION II. The manager is to report back to the Council at that time with an evaluation of
the program specifically to include recommendations for the program's continuance and/or modification.
Mr. Kimball thanked the Leesburg Plaza Shopping Center and Management Company for
allowing this site to be used for recycling purposes. It is a good location.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mrs. Forester, seconded by .Mr. Clem, the following resolution was proposed and
unanimously adopted.
90-163 RESOLUTION INITIATING AN AMENDMENT OF THE LEESBURG ZONING
ORDINANCE AND THE ZONING DISTRICT MAP TO EXPAND THE OLD AND
HISTORIC DISTRICT TO INCLUDE ROCK SPRING REZONING #ZM-123
WHEREAS, the owner of Rock Spring, located at 329 Loudoun Street. S.W. has requested that
Rock Spring be placed in the Old and Historic District; and
WHEREAS, the property includes historically significant buildings whose preservation would
be of educational benefit to Leesburg's citizens and would contribute to the public welfare of the Town;
and
WHEREAS, the inclusion of Rock Spring in the Historic District would further the purpose and
intent of the Historic District Regulations and the goals of the Town Plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment of the Leesburg Zoning Ordinance and the Zoning District Map
is hereby initiated W include the following property: 329 Loudoun Street, S.W.
SECTION H. This proposed amendment of the Leesburg Zoning Ordinance and Zoning District
Map is referred to the Planning Commission for public hearing and recommendation under Chapter II,
Title 15.1 of the 1950 Code of Virginia, as amended. The Planning Commission shall report its
recommendation to the Town Council of the proposed amendment within 30 days of the public hearing.
SECTION III. In accordance with Section 5A-8 of the Leesburg Zoning Ordinance, the Board
of Architectural Review shall make its recommendation on this proposed expansion to the Town Council
prior to its adoption.
Mr. Clem noted that a portion of the Rock Spring home dates back to the 1700's.
Nay:
Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
None
New Business
On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
90-164 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR SE-90-3 BY
AITCHSON PLUMBING
RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows:
A Noti~.e of Public Hearing to consider special exception application SE-90-3 by Aitchson
Pl~ robing ~h~ll be published in the Loudoun Times Mirror on July 5, 1990 and July 12, 1990 for public
herring or. Wednesday, July 25, 1990 at 7:30 p.m. in the Loudoun County School Board Annex located
at 102 North Street" N.W., Leesburg, Virginia 22075.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Mrs. Forester made the following motion:
Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Town Council of the Town
of Leesburg go into Executive Session. The authority for this Executive Session is found in Section 2.1-
344(1) of the 1950 Code of Virginia, as amended. The public business to be discussed is a personnel
matter.
The Town Manager is requested to remain for the meeting.
Minutes of June 27, 1990
The motion was seconded by Mr. Tolbert.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Mrs. Forester made the following motion:
I move that the Executive Session be adjourned, that the Town Council of the Town of
Leesburg reconvene its public meeting and that the minutes of the public meeting reflect that no formal
action was taken in the Executive Session.
The motion was seconded by Mr. Tolbert.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mrs. Forester, seconded by Mr. Tolber~ the following resolution was proposed and
unanimously adopted.
90-165 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF JUNE 27~ 1990
WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg
and in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does
hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully
exempted from open meeting requirements under the Freedom of Information Act were discussed in
the Executive Session to which this certification applies; and 2) only such public business matters as
were identified in the Motion by which the said Executive Session was convened were heard, discussed
or considered by the Town Council of the Town of Leesburg.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
The public meeting was reconYened at 1:40 a.m.
Mr. Lovin made the following motion:
I move that a 7% raise be approved for Mr. Minor for fiscal year 1990-91.
The motion was seconded by Mr. Tolbert.
Aye: Councilmembers Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: Councilmembers Clem and Kimball
On motion of, and duly seconded, the meeting was adjourned.
Clerk of Council
Robert E. Sevila, Mayor
Town of Leesburg