Loading...
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