HomeMy Public PortalAbout1990_07_11MINUTES oF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
JULY 11, 1990
A regular meeting of the Leesburg Town Council was held in the School Board meeting room,
102 North Street, Leesburg, Virginia on July 11, 1990, at 7:30 p.m. The meeting was called to order
by the Mayor.
Mayor Sevila welcomed everyone to the first whole meeting of the new Council.
Tonight is also a special night for another reason. It is his daughter Sally's sixteenth birthday.
Happy Birthday Sally!
The invocation was given by Pastor Lyman Eddy of the Loudoun Christine Fellowship and the
Salute to the Flag led by Planning Commission Chairman Mervin Jackson. Present were: Mayor
Robert E. Sevila, Councilmembers Georgia W. Bange, Christine M. Forester, Donald A. Kimball, Claxton
E. Lovin and William F. Webb. Absent was Councilmember James E. Clem. Also present were: Town
Manager Jeffrey H. Minor, Director of Planning, Zoning and Development Katherine Imhoff, Director
of Engineering and Public Works Thomas A. Mason, Director of Parks and Recreation Gary Huff,
Director of Finance Paul E. York, Public Information Officer Susan Farmer, Planner Sally Vecchio and
Deputy Town Attorney Deborah Welsh. Planning Commission members present were: Chairman
Mervin Jackson, Carl Johnson, Clifton Vaughan, Fred Williams and Councilmanic representative
Christine M. Forester.
Petitioners
Mr. Chuck Jones, a resident of 112 Prince Street, N.E., addressed the Council welcoming Ms.
Bange and Mr. Webb. This town and county is going through a massive change from rural to
suburban. Leesburg, over the past ten years, has provided the leadership for that change. Leesburg's
Council, in the past, has addressed his concerns. He has found everyone in the town, whether they
are employees, Council or Planning Commission to be responsive to people who have come before them.
He asks the Council to hold their course and to be deliberate, patient, considerate and above all to do
their job.
Mr. Rowland Carlson, a resident of 1105 Nickels Place, addressed the Council concurring with
Mr. Jones' comments. He has been disturbed by the quibbling going on with the new Council. He
wished to welcome the new members and said it is healthy to have some change but right now we have
far too much on our plates to be quibbling about such things as the Planning Commission
representative from the Town Council. Christine Forester has done an excellent job, is well educated
and has gone through the trouble of being certified by the Virginia Planning Commission. Mr. Carlson
has served on the Citizens Advisory Committee and has worked closely with Mr. Minor and Ms. Imhoff.
He has seen the hard work that they have done during the past 12 weeks. They are both highly
qualified and deserve to stay here. Mr. Carlson would like to see the quibbling stopped.
Mr. Hubbard Turner, a resident of 1107 Bradfield Drive, addressed the Council also concurring
with what the two previous speakers said. He is proud of the Town of Leesburg. All of his concerns,
in the past, have always been given consideration.
Mayor Sevila thanked Pastor Eddy for his words of wisdom and thanked members of the public
for coming forward with their advice.
Joint Public Hearing:. to consider Rezoning Application #ZM-120 by Greenway Farms
Planning Commission Chairman Mervin Jackson reported that there was a quorum.
Ms. Imhoff reported that this was a request to amend a previously approved planned residential
neighborhood which was approved in 1988. The request for a plan amendment only add :esres the
residential section of the approved PRN. One of the major changes is the overa'l i ensit~ he~ ~ een
reduced from 500 residential units to 408 which has also increased the amount of )pt n-, pat ~. f:on 4~
acres to 65 acres. In addition, there was extensive work done ~ith regard to locating w~ tland: on
this site. It was discovered that the area that had been previously shown t.) Le ~ pal~i~.c 'ec:eaJon
facility had an area with both a drainage swale and a wetland area. This plan amendment proposes
to relocate the public recreation facility. There has been a slight change in the location of the
community recreation facility. The townhouse area has been redesigned. The number of entrances to
the townhouse area have been changed and realigned. The area of wetlands located within the
townhomes has been preserved as common open-space.
The proffers have been revised to reference the updated plan and the applicant has talked to
the owner of the commercial portion of this area putting them on notice that a plan amendment is
currently being sought.
Mr. Thomas Whipp, with Dewberry and Davis representing the applicant, addressed the Council
stating that Ms. Imhoff has covered all of the changes. The applicant would appreciate the approval
of the application. Time is important to this application due to the decreased density.
Minutes of July 11, 1990
Mr. Frank Ca~rney, a resident of 7 Country Club Drive, addressed the Council presenting a
petition from the residents of Country Club which concerns a part of Greenway Farms. The petition
reads:
The residents of Country Club and Fairway Section request that the area of Greenway Farms
known as Tuscarora Valley Stream remain in its natural state as a wild parkland.
Mr. Carney cannot see why the developer is going to rip out six acres of densely, wooded, virgin
trees to build 20 houses. This area is separated from the rest of Greenway Farms and is connected
only with a pedestrian bridge. There are about 80 signatures on the petition and no one refused to
sign. People along Governors Drive are particularly sensitive to any runoff into the Country Club
floodplain area. Anything that can be done to impede runoff will satisfy those people.
Dr. Fred Lillis, a resident of 401 Country Club Drive, addressed the Council stating that he has
worked, lived and coached Leesburg for 12 years. He has seen many homes and developments, in
Leesburg, but has yet to see any developer create a stream or woods. These are the victims of
development not the products. The citizens have presented a petition to set aside a few acres. They
do not wish to stop a development only to challenge it so that it best serves the needs of this town and
its citizens. The people who signed this petition have lived in this town for years. They have
volunteered in schools, churches and will continue to live here and support this town long after the
builder has vanished. These are the voices Council must hear. Leesburg is working with Loudoun
County in connection with the National Park Service to develop a series of greenways which are natural
areas and will offer solace and solitude and protection to the natural areas. These few acres we wish
to preserve define a greenway. The Loudoun Times-Mirror, in a county-wide poll, reported that the
people want open-space above all else. The Town of Leesburg Parks and Recreation Commission voted
unanimously to preserve this land. The people who live in this area and who would bare the burden
of this development voted to preserve this land. This land is more valuable untouched then fully
developed but it is vulnerable and deserves protection.
Ms. Janet Fre¥, a resident of 1110 Rollins Place, addressed the Council stating that her property
abuts the Greenway project. Her home has been there long before all the rest of the houses in Country
Club were built. She wished to express her great appreciation for the town staff, Council and Planning
Commission. The town staff truly cooperates with the citizens. The owners of Greenway have also
cooperated. They have come out and walked through the woods to find out what concerns existed.
The cooperation of the developer has shown Ms. Frey that this is an up-scale development and she
would like to see more up-scale developments in Leesburg. She asked her constituents to stay involved.
At this stage, we are fortunate to have a developer such as Trafalagar that is willing to lower the
density.
Mr. F. W. Barkley, a resident of 302 Nickels Drive, addressed the Council. He has lived in
Leesburg for 17 years and has become accustom to the trees that are in question. He hopes that a
serious inspection is done of the area that is going to be developed with regard to flooding. If the
greenway is to remain, Mr. Barkley would like the dead trees to be removed.
Mrs. Sandra Carlson, a resident of 1105 Nickels Place, addressed the Council stating the new
developers of this property have proposed less density, then the original Richmond American plan,
larger lots, are willing to preserve the trees and open-space and have shown the citizens that
arrangements for the water have been taken care of. We must be realistic. We cannot ask the
developer to give up building the 20 homes to save these trees. Mrs. Carlson would like to save the
trees as much as anyone else but she knows that we can't do that. It is not fair to the developer to
take their property. Lets work with the developer and be happy with the adjustments that they have
made.
Mr. Hubbard Turner, a resident of 1107 Bradfield Drive, addressed the Council requesting that
his signature be withdrawn from the petition because he has second thoughts. He votes for building
the houses but believes that every effort should be made to preserve the trees. There are some very
valuable trees that should be saved. It would be in the best interest of the town to approve this plan.
Mrs. Patti Muir, a resident of 1108 Bradfield Drive, addres'~ed the Cov. nci u.,~n~: the Grecnway
development situation as an illustration of how government, citizens eh( d, ve~.op, rs ~ar work toget ~er
to make Leesburg better. This shows how responsive the developer c~.l le. S',~ff h~s al~o b.:er
incredible as far as helping with this situation. The Planning Commission and (:ounci. has a'so been
wonderful. If all of the developments that came into Leesburg wi. re 1i~ .e this one ~,qe would nave an
incredible community. This is an example of how things should go. The infrastructure and political
process that allowed this really worked. She is very pleased to have been a part of this.
Mr. Michael McMahon, a resident of 1308 Campbell Court, addressed the Council asking if the
citizens and the Council are satisfied with the type of houses, mix, etc., or could the same problems
occur that have occurred in other developments in town where you think your getting 2600 square
foot houses and they turn out to be 1400 square foot houses.
Mayor Sevila read the following letter to Mr. Banzhof from Mr. Frank Derdimus.
Dear Mr. Banzhof:
The Allman Family Limited Partnership does not object to the change in the Greenway
Minutes of July 11, 1990
Development Plan from 500 units to 408 units provided that there are no other changes in the
development plan. Mr. Allman, managing partner in the Allman Family Limited Partnership requests
a copy of the new plat showing this change in density. Should you require any further authorization
from the Allman Family Limited Partnership please do not hesitate to call.
The public hearing was closed. The Mayor said the Council will receive public comment in
writing for a period of ten days. On motion of Mrs. Forester, seconded by Mr. Lovin, this matter was
referred to the August 1, 1990, Planning and Zoning Committee Agenda.
Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
Absent: Clem
Mayor Sevila presented a Certificate of Appreciation to Mr. Henry Basil for his participation in
the annual police fund raising drive to support the Special Olympics.
Councilmember's Comments
Mr. Webb wished to personally thank the citizens of Leesburg for allowing him to serve on the
Council. If there is anything he can do for anyone please give him a call.
He and Mr. Lovin attended the Saturday Listening Session.
Mr. Lovin said hello to Mr. Tolbert who was present at the Council meeting this evening as
a listener.
He welcomed Mr. Webb and Ms. Bange on board. In 1988 he served on the Board of
Architectural Review with Mr. Webb and has also served with the Ms. Bange on the Loudoun County
Chamber of Commerce Board. He looks forward to working with them.
He reported that one citizen came to the Listening Session on Saturday. A report will be
forwarded to the manager and Council.
He wished to commend the Leesburg Voluntary Fire Department on the paradeo~I~m~
He will not be able to attend the grand opening of Ida Lee Park but wished Mr. Huff good luck
on the opening. He has already joined the club and looks forward to swimming every morning before
he goes to work.
Mr. Kimball also acknowledge Mr. Tolbert's presence.
He congratulated Mr. Huff on another fine issue of Leesburg at Leisure. It is an excellent
publication. Mr. Huff continues to do a very fine job.
He attended the July 4th fire works display at Ida Lee Park. It was an excellent display and
a tremendous crowd.
He attended the dedication of the kiosk at the first Methodist owned property in America
deeded in 1766.
He also welcomed Mr. Wehb and Ms. Bange and looks forward to a productive two years.
Mrs. Forester attended, along with Ms. Bange, Mr. Minor, Ms. Vecchio and Mr. Shoemaker,
a meeting of the Loudoun County Planning Commission to discuss the Urban Limit Lines. There were
some hot issues contested by some of the towns in the county. Mr. Minor and our staff made an
excellent presentation.
She echoed Mr. Kimball's comments with regard to the 4th of July parade and fireworks. This
year the children of Marshall Drive, along with Marshall Drive resident Mrs. Cathy Welti, decided to
ge; in'~oNed with the pe fade by designing a float. The float took several hours a day over a two-week
pe ~o~ cv'~m' uaqng ~.n alI day on Saturday, to build. It won the first place trophy for a non-commercial
float. She ~ qshed 'o challenge other neighborhoods in Leesburg to get involved with this parade and
~he H:dlowe m Par ~de. The parents and the children had great fun.
Mrs. Forester also welcomed Mr. Webb and Ms. Bange and reminded Mr. Tolbert that he was
appointed to the Environmental Advisory Commission as a citizen.
Ms. Bange said it is a great honor to be a part of the Council and thanked the citizens for
giving her this opportunity. She is very pleased to be a part of Leesburg.
She too has joined Ida Lee Park and is very anxious to start swimming in the morning.
She wished to thank Mr. Minor and Mr. Caulkins for making the plaques of the old Council
dias. She will treasure this for many years to come.
Minutes of July 11, 1990
Mayor's Repo~_~
Mayor Sevila expressed his gratitude for the plaques of the Council dias.
We are all looking fox,yard to the grand opening of Ida Lee Park. Mr. Huffs accomplishments
have been enumerated on many occasions. Saturday should be a great celebration of the culmination
of a lot of effort on the part of Mr. Huff, this Council, staff and the citizens of our community.
The Mayor welcomed the new councilmembers. It is the neat thing about democracy that we
are able to select leaders. Some of whom we all agree with and support and some of whom we don't.
He has been a little stimulated in his thinking by some of the rumors, comments, reports both
in the media and circulating around town and also by some unpleasant memories of how things can
get when we don't work together as a Council.
Mayor Sevila made the following remarks which he hopes will be received by everyone as
conciliatory as they are intended:
It is a great honor to be elected to public office and it is a great trust that the public vests in
us. I am hopeful that the newly elected Councilmembers and the incumbent members will be able to
put aside petty differences both real and perceived and work together for the benefit of the entire town.
Serving on Council is a serious undertaking but it can also be and should be an enjoyable one. We
must work hard to earn the respect and trust of our colleagues on Council. This can only be done if
we deal with each other openly and honestly. We are not expected to think a like and we are not
expected to vote a like on all issues. Nor should we form predictable alignments, coalitions or dicks
in support or opposition on other issues. I offer several suggestions that I hope will help make the next
two years that we serve together harmonious, productive, enjoyable and successful.
Political party connections. Some of us have had past or present
associations with political parties within our community. Political party
affiliations have absolutely no place in local government or in the
government of the Town of Leesburg. We should all leave them at the
door and we should be absolutely independent of our affiliations with
various parties during our entire term of office.
Some of us may feel that we owe a great debt of gratitude to our
campaign workers and supporters who helped to get us elected. Let me
just suggest that, that debt can be simply and finally discharged with
a simple thank you. We owe them nothing more.
Finally, give full, fair and careful consideration to the views of special interest groups. Their
positions are entitled to the same considerations as the views of individuals and private citizens but no
more.
In summary, I am saying be independent. Be guided by what you believe to be in the best
interest of the town. Respect the views of other Council members and exercise your political power
with prudence, care, judgement and humility. None of us are any more important today then we were
then the day before the election. We are just citizen legislators elected by our fellow citizens to serve
them. All of them.
We face a great many challenges over the next two years. We will spend a lot of time together.
Lets work together as a Council to make that time enjoyable and successful and the citizens of
Leesburg will all be well served.
Manager's__~Report
M r. Minor noted that the Council did receive a copy of the Activity Report on Monday.
He congrat' 'lat ~.d Mr. W~zbb and Ms. Bange on their election to the Council.
Le ,~ ye, k, · :t t'~e :orumi~$ee r ~e~ting, Mayor Sevila mentioned a problem with trash collection
on Catoctm Circle. Cat itai P:ojcct~ Coordinator Barry Thompson has been in touch with the
contractor. They v,' ~.rr p! :king ~.p the trash at very early hours and have rescheduled pick up until
after 6:00 a.m. This will hopefully resolve the problem.
The grand opening for Ida Lee Park is scheduled for Saturday at 10:00 a.m. This is an event
that we have all waited for, for a long time. He had the opportunity to welcome Mr. Hufi's new
employees to the center. They are very well organized and are in the process of being trained. This
is the closest the town will ever come to owning a business, therefore, we need to sell our
memberships so that we are able to pay the operating and maintenance expenses for this magnificent
facility. We have the right people at this facility to meet that demand.
Mr. Huff addressed the Council stating that up to this point the recreation department has
played a minor role in comparison to the engineering department and planning. We owe them a lot
of the credit for what is happening. We have scheduled a lot of activities beginning at 10:00 a.m., with
the ribbon cutting ceremony. There will be a lot of demonstrations, music, jazzercise demonstrations.
Minutes of July 11, 1990
Children will be involved quite a lot. Face painting, puppet shows, Ali the gator and a reptile show.
We will also give away a lot of items that have been donated by the various businesses. The pool will
be open immediately after the ribbon cutting ceremony until about 5:00 p.m. We are very excited and
are very pleased with what is happening. Mr. Huff thanked the Council for their generosity in
developing such a facility and thanked everyone who has done so much to make this facility happen.
Mr. Minor reminded everyone that an of the events and food are free on Saturday.
Mayor Sevila read the following:.
The United States Census Bureau is asking citizens to make sure that they have been counted
during the Nation's Bi-centennial Census. If you did not receive a census questionnaire or if you
believe someone in your household was not counted contact the Census Bureau toll free at 1-800-999-
1990 between 7:00 a.m., and 10:00 p.m., seven days a week. Census data is used to guide the
distribution of billions of dollars for roads, jobs, schools, day care and many other needed services. Help
us get our fair share by making sure you are counted.
The Mayor asked the media to carry this message as a public service.
Legislation
On motion of Mr. Lovin, seconded by Mrs. Forester, the following items were proposed as
consent items and unanimously adopted.
90-175 - RESOLUTION - ENDORSING THE DRAFT AMENDMENTS TO THE ANNEXATION AREA
DEVELOPMENT POLICIES (AADP'S) AND REFERRING THE DRAFT
AMENDMENTS TO THE AADP JOINT POLICY COMMITTEE
WHEREAS, the Annexation Area Development Policies were adopted by the Town of Leesburg
and Loudoun County on November 15, 1982; and
WHEREAS, the AADP's are intended to implement and maintain a mutually supportive
relationship between the two governing bodies which assures that a full range of governmental services
will be addressed and provided for in the annexation area; and
WHEREAS, as adopted, joint review of these policies was required to commence prior to
December 31, 1989; and
WHEREAS, the AADP Joint Policy Committee together with Town of Leesburg and Loudoun
County staff prepared amendments to the adopted AADP document to reflect new information and
changes in growth patterns; and
WHEREAS, on February 12, 1990 the AADP Joint Policy Committee recommended that the
draft amendments to the AADP's be forwarded to the Town Council and Board of Supervisors for
review and comment; and
WHEREAS, the Planning and Zoning Committee of the Leesburg Town Council has reviewed
the draft amendments to the AADP's dated February 12, 1990; and
WHEREAS, the Leesburg Town Council held a public hearing on June 13, 1990 to consider the
said amendments to the AADP document; and
WHEREAS, Council modifications regarding government facilities and the Leesburg Airport
have been made following the public hearing:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION h The Leesburg Town Council hereby endorses the draft amendments to the
Annesation Area Development Policies dated February 12, 1990.
SECTION II: These draft amendments to the Annexation Area Development Policies are
referred back to the AADP Joint Policy Committee for formal recommendation.
90-176 - RESOLUTION - TO SET A PUBLIC HEARING TO CONSIDER #ZM-119 AN AMENDMENT
OF THE LEESBURG ZONING ORDINANCE AND THE ZONING DISTRICT MAP TO
EXPAND THE H-1 OLD AND HISTORIC DISTRICT
WHEREAS, the Westgreen Homeowners Association have asked to have the Westgreen
Subdivision incorporated in the Old and Historic (H-l) District; and
WHEREAS, the owner of the vacant property located at 106 Morven Park Road, N.W. has
agreed to have this property included in the Historic District; and
WHEREAS, this proposed expansion of the Leesburg 01d and Historic District includes buildings
that are considered to be architecturally compatible with the historic buildings in the neighborhood; and
Minutes of July 11, 1990
W-t-IEREAS, the incorporation of lots adjacent to the historic structures would insure that new _
development would contribute to the established character of the neighborhood; and
WHEREAS, the Planning Commission and the Board of Architectural Review have
recommended approval of the inclusion of these properties in the Old and Historic District; and
WHEREAS, the expansion of the Old and Historic District would contribute to the public
welfare of the Town and 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:
A notice of public hearing to consider an amendment of the Leesburg Zoning Ordinance and
Zoning District Map to include the following properties: 302-334 Loudoun Street, S.W. (Westgreen
Subdivision) and 106 Morven Park Road, N.W. in the Old and Historic District, Rezoning #ZM-119,
shall be published in the Loudoun Times-Mirror on August 23, 1990 and August 30, 1990 for a public
hearing on Wednesday, September 12, 1990 at 7:30 p.m. in the Loudoun County School Board Annex,
located at 102 North Street, N.W. in Leesburg.
90--177 - RESOLUTION - AUTHORIZING NOTICE OF A JOINT PUBLIC HEARING FOR REZONING
APPLICATION #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN MILLS
INVESTMENTS
WHEREAS, a joint public hearing was held on February 13, 1990 to consider the initially
proposed proffer amendments and rezoning plan modifications (Exhibit A) to the approved Stratford
in Leesburg rezoning application #ZM-95; and
WHEREAS, an additional joint public hearing was held on April 24, 1990 to consider
additionally revised proffer amendments and an alternative rezoning plan (Exhibit B); and
WHEREAS, a third joint hearing was held on June 13, 1990 to consider further proffer
amendments and a new rezoning plan Exhibit, dated May 29, 1990, exclusive of the previous Exhibits
A and B; and
WHEREAS, the applicant has requested a fourth joint public hearing to formally consider both
the previously proposed rezoning plan (Exhibit B), dated April 20, 1990, and the new rezoning plan
Exhibit, dated May 29, 1990:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
A notice of a joint public hearing to consider Rezoning application #ZM-116 Stratford in
Leesburg by Evergreen Mills Investments 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. in Leesburg. Pursuant to Section 15.1-
431 of the 1950 Code of Virginia, as amended, this shall be a joint public hearing of both the Planning
Commission and Town Council.
90-178 - RESOLUTION - AWARDING CONTRACTS FOR CHEMICAL SUPPLIES FOR FY 91
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager shall enter into contracts for the purchase of chemical supplies with the
suppliers and at the prices shown below:
Chemical Vendor Price
Chlorine
Sodium Hypochlorite
CvJcium Hypochlorite
H ,drofluosilic'c Acid
H 'dr~ted Lira ~.
P~ tassiur ~ Permanganate
F~ rric Ct loride
Carbon
Sulfur Dioxide
Delta Chemical Co.
Prillaman Chem. Co.
Prillaman Chem. Co.
Prillaman Chem. Co.
Robinson Chem. Co.
Prillaman Chem. Co.
Coyne Chem. Co.
Prillaman Chem. Co.
Prillaman Chem. Co.
$477 ton
$0.69 gal.
$90.00 cwt
$8.98 cwt
$100.00 ton
$123.90 cwt
$162.80 ton
$36.38 cwt
$39.00 cwt
90-179 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR TAVISTOCK
FARMS SECTION 10
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
Tavistock Farms Section 10.
Minutes of July 11, 1990
SECTION II. The-extension of municipal water and sewer for Tavistock Farms Section 10 is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION 1/I. The irrevocable bank letter of credit in a form approved by the town attorney
from Perpetual Savings Bank FSB in the amount of $725,403.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Tavistock Farms Section 10.
90-180 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR PAXTON
SECTION 2
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
Paxton Section 2.
SECTION II. The extension of municipal water and sewer for Paxton Section 2 is approved
in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. A performance guarantee in a form approved by the town attorney in the
amount of $177,000.00 is approved as security to guarantee installation of the public improvements
shown on plans approved by the Director of Engineering and Public Works for Paxton Section 2.
Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
Absent: Clem
On motion of Mr. Lovin, seconded by Mrs. Forester, the following ordinance was proposed and
unanimously adopted.
90-0-20 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE TO ADD METERED
PARKING ON WIRT STREET
WHEREAS, the town is continuing to provide downtown parking during construction of the
parking garage; and
WHEREAS, the town's capital projects coordinator has recommended changes to add metered
street parking to downtown; and
WHEREAS, the bus stop on Wirt Street has been relocated to Loudoun Street where the
entrance to the old parking lot was located; and
WHEREAS, space is available on the west side of Wirt Street for additional metered parking.
THEREFORE, ORDAI~IED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-171 of the Town Code is hereby amended to read as follows:
(1)
West side of King Street, between Loudoun Street and North Street, for two-
hour parking at any one time, except for that area
designated at the northwest corner of King Street and
Market Street as a "no parking here to corner" zone.
(2)
East side of King Street, between Virginia Power right-of-way and 180 feet
south of Royal Street, for two-hour parking at any one time.
(3)
South side of King Street, and 120 feet west of Liberty Street for two-ho-ar
parking at any time, with the following exceptions: the
time limit for lawful parking shall be 15 minutes at any
one time in front of the post office on Market Street and
the time limit for lawful parking shall be three hours
at any one time at three spaces immediately west of
Wirt Street, five spaces between Liberty Street and the
entrance of the Presbyterian Church parking lot and two
spaces in front of the theatre.
(4)
Municipal parking area between Wirt Street, King Street, Loudoun Street and
Market Street, for three-hour parking, four 15-minute town office visitor spaces
and 25 ten-hour meter spaces.
(5)
East side of Church Street, between Edwards Ferry Road and Cornwall Street,
for two-hour parking at any one time, except spaces
reserved for official cars of the state and town police and
the county sheriff's department.
Minutes of July 11, 1990
(6)
North side of Loudoun Street, between Wirt Street and Church Street, for two-
hour parking at any one time.
(7)
Municipal parking area known as Vinegar Hill Parking Lot between Loudoun
Street and South Harrison Street, for four-hour parking
at any one time.
(8)
Municipal parking area known as South Harrison Street Parking Lot between
South Street and South Harrison Street, for four-hour
parking at any one time.
(9)
East and west side of South Harrison Street, between Loudoun Street and
Depot Court, for two-hour parking at any one time,
except as hereafter provided.
(10)
One space east side of South Harrison Street at souther.~nost point of parking
bay in front of 202 Harrison Street, '~'.E. for up to ten-
hour paid parking.
(11)
South side of Loudoun Street, between East Market Street and 160 feet east of
South Harrison Street, for three-hour parking at any one time.
(12)
Municipal parking area on the south end of Liberty Street, for three-hour
parking, except spaces designated for permit-only
parking.
(13)
West side of Wirt Street between Loudoun and Royal Street for three hour
parking at any one time.
SECTION II. All prior ordinances and resolutions in conflict herewith are repealed.
On motion of Mr. Kimball, seconded by Mrs. Forester, the following resolution was proposed
and unanimously adopted
90-181 - RESOLUTION - REDUCING THE PERMIT FEES FOR THE LIBERTY STREET PARKING
LOT
WHEREAS, Resolution No. 89-101 established $30.00 as the monthly fee for permit spaces at
the Liberty Street lot; and
WHEREAS, this facility, along with the Vinegar Hill parking lot represent the principal public
off-street parking facilities available in downtown Leesburg during construction of the new parking
garage; and
WHEREAS, this Council wishes to encourage employees of downtown office and retail
establishments to use this facility, thereby making more convenient on-street parking available for
customers, clients and other visitors to downtown Leesburg:.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Resolution No. 89-101 is amended to establish a $20.00 per month permit fee for the Liberty
Street parking lot effective July 1, 1990.
Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
Absent: Clem
Mayor Sevila said this is an excellent example of this Council working with and supporting
downtown business people.
On motion of Mr. Lovin, seconded by Ms. Bange, the following resolution was proposed and
unanimously adopted.
90-182 - RESOLUTION - PROVIDING FOR THE SALE OF THE TOWN OF LEESBURG, VIRGINIA~
$4,500,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
SERIES 1990
WHEREAS, the Town Council ("Council") of the Town of Leesburg, Virginia ("Town") by
Ordinance adopted August 8, 1989, ("Ordinance") authorized the issuance and sale of its general
obligation bonds in the maximum amount of $9,000,000 of which $4,500,000 has been issued and the
Council proposes to issue the remaining $4,500,000 bonds authorized pursuant to the Ordinance:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
1. Authorization of Series 1990 Bonds. The Council hereby determines that it is advisable
Minutes of July 11, 1990
to issue and sell its $4,500,000 general obligation bonds to be designated General Obligation Public
Improvement Bonds, Series 1990 CSeries 1990 Bonds") pursuant to this Resolution and the Ordinance.
The Series 1990 Bonds shall be issued to pay the costs of certain public parking facilities and storm
drainage improvements or to the extent not needed for such purpose, to pay the costs of other projects
as set forth in the Ordinance.
2. Details of Bonds. The Series 1990 Bonds shall be issued in fully registered form, shall
be dated August 1, 1990, shall bear interest at the rate or rates established pursuant to this paragraph,
payable semi-annually on August 1 and February 1, beginning February 1, 1991, shall be in the
denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards
consecutively. The Series 1990 Bonds shall mature serially on August 1 in the years 1991 through
2010 and in such amounts as may be established by the town manager and approved by subsequent
resolution of the Town Council. The town manager shall accept the bid for the purchase of the Series
1990 Bonds which results in the lowest true interest cost to the town and the Series 1990 Bonds shall
bear interest at such rate or rates established by the town manager, provided that the true interest
cost of the Series 1990 Bonds shall not exceed 9%.
3. Book-Entry Only Form. The Series 1990 Bonds shall be issued in fully registered form
and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York,
New York ("DTC") as registered owner of the Series 1990 Bonds, and immobilized in the custody of
DTC. One fully registered Series 1990 Bond in typewritten or printed form for the principal amount
of each maturity shall be registered to .Cede & Co. Beneficial owners of the Series 1990 Bonds shall
not receive physical delivery of the Series 1990 Bonds. Principal, premium, if any, and interest
payments on the Series 1990 Bonds shall be made to DTC or its nominee as registered owner of the
Series 1990 Bonds on the applicable payment date.
Transfer of ownership interests in the Series 1990 Bonds shall be made by DTC and its
participants ("Participants"), acting as nominees of the beneficial owners of the Series 1990 Bonds, in
accordance with rules specified by DTC and its Participants. The town shall notify DTC of any notice
required to be given pursuant to this .Resolution, the Ordinance or the Series 1990 Bonds not less than
fifteen (15) calendar days prior to the date upon which such notice is required to be given. The town
shall also comply with the agreements set forth in the town's letter of representations to DTC, which
letter of representations is approved in substantially the form submitted at this meeting of the Town
Council.
Replacement Series 1990 Bonds (the "Replacement Bonds") shall be issued directly to beneficial
owners of the Series 1990 Bonds rather than to DTC, or 'its nominee, but only in the event that:
(i)
DTC determines not to continue to act as securities depository for the Series
1990 Bonds; or
(ii)
The town has advised DTC of its determination that DTC is incapable of
discharging its duties; or
(iii)
The town has determined that it is in the best interest of the beneficial owners
of the Series 1990 Bonds not to continue the book-entry
system of transfer.
Upon occurrence of the event described in (i) or (ii) above, the town shall attempt to locate
another qualified securities depository. If the town fails to locate another qualified securities depository
to replace DTC, the town shall execute and deliver Replacement Bonds substantially in the form set
forth in Exhibit A attached hereto to the PartJcipants. In the event the Town Council, in its
discretion, makes the determination noted in (ii) or (iii) above and has made provisions to notify the
beneficial owners of the Series 1990 Bonds by mailing an appropriate notice to DTC, the appropriate
officers and agents of the town shall execute and deliver Replacement Bonds substantially in the form
set forth in Exhibit A attached hereto to any Participants requesting such Replacement Bonds.
Principal of, premium, if any, and interest on the Repiacement Bonds shall be ' ay~ble as provided in
Paragraph 2 of this Resolution and in the Series 1990 Bonds and st' ch tb.~pl~.;emen ~ Bonds ,vil! be
transferable in accordance with the provisions of Paragraphs 11 and 12 of :h~ Or tin,m~ e and the S, .ries
1990 Bonds.
4. Form of Series 1990 Bonds. The Series 1990 Bonds shall be in substantially the ~brm
attached to this Resolution, with such appropriate variations, omissions and insertions as may be
permitted or required by the Ordinance, this Resolution or subsequent Resolution of the Town Council.
There may be endorsed on the Series 1990 Bonds such legend or text as may be necessary or
appropriate to conform to any applicable rules and regulations of any governmental authority or any
usage or requirement of law with respect thereto.
5. Redemption of Series 1990 B0.n.d.s. The Series 1990 Bonds maturing on or before
August 1, 1999, are not subject to redemption before maturity. Series 1990 Bonds maturing on or
after August 1, 2000, are subject to optional redemption before maturity at the direction of the town,
in whole at any time or in part (in installments of $5,000) on any interest payment date at any time
on or after August 1, 1999, in such order as may be determined by the Director of Finance to be in
the best interest of the town (except that if at any time less than all of the Series 1990 Bonds of any
maturity are called for redemption, the particular Series 1990 Bonds of such maturity or portions
thereof to be redeemed shall be selected by lot) upon payment of the following redemption prices
Minutes of July 11, 1990
(expressed as a percentage of the principal amount of Bonds to be redeemed) plus interest accrued.
thereon to the date fixed for redemption:
Redemption Date
Redemption Price
August 1, 1999 through July 31, 2000; 102%
August 1, 2000 through July 31, 2001; 101-1/2
August 1, 2001 through July 31, 2002; 101
August 1, 2002 through July 31, 2003; and
August 1, 2003 and thereafter 100
100-1/2
6. Execution of Series 1990 Bonds. The Mayor of the town and the Clerk of the Council
are hereby authorized and directed to execute appropriate negotiable Series 1990 Bonds in the
aggregate principal amount of $4,500,000 and to affix the seal of the town thereto. The manner of
execution and _~ffixation of the seal may be by facsimile, provided, however, that if the signatures of the
Mayor and Clerk are both by facsimile, the Series 1990 Bonds shall not be valid until signed at the
foot thereof by the manual signature of the Bond Registrar.
7. Appointment of Bond Registrar and Paying Agent. The town will serve as Bond
Registrar for the Series 1990 Bonds. The Town Council may appoint a subsequent bond registrar
and/or one or more paying agents for the Series 1990 Bonds by subsequent Resolution and upon giving
written notice to the holders of the Series 1990 Bonds specifying the name and location of the principal
office of any such registrar or paying agent.
8. Arbitrage and Tax Covenants. The appropriate officers and agents of the town are
authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the
expected use and investment of the proceeds of the Series 1990 Bonds and containing such covenants
as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as
amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations
relating to "arbitrage bonds." The Council covenants on behalf of the town that the proceeds from the
issuance and sale of the Series 1990 Bonds will be invested and expended as set forth in the town's
Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and
delivery of the Series 1990 Bonds and that the town shall comply with the other covenants and
representations contained therein.
The town designates the Series 1990 Bonds as "qualified tax exempt obligations" eligible for the
exception from the disallowance of the deduction of interest by financial institutions allocable to the
cost of carrying tax exempt obligations in accordance with the provisions of Section 265Co)(3) of the
Code. The town does not reasonably anticipate issuing more than $10,000,000 in qualified tax exempt
obligations during calendar year 1990 and the town will not designate more than $10,000,000 of
qualified tax exempt obligations pursuant to such Section 265(b)(3).
9. Disclosure Documents. The officers and agents of the town are hereby authorized and
directed to prepare, execute and deliver an appropriate official statement, notice of sale or such other
disclosure documents as may be necessary to expedite the sale of the Series 1990 Bonds. The official
statement, notice of sale or other disclosure documents shall be published in such publications and
distributed in such manner and at such times as the appropriate officers or agents of the town shall
determine. The appropriate officers and agents of the town are authorized and directed to execute and
deliver the Official Statement with respect to the issuance and sale of the Series 1990 Bonds in
substantially the form of the Preliminary Official Statement submitted at this meeting with such
changes as such officers may consider necessary or desirable and such Official Statement is hereby
approved.
10. Further Actions. The officers and agents of the town are authorized and directed to
take such further action as they deem necessary regarding the issuance and sale of the Series 1990
Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the
Series 1990 Bonds are hereby ratified and confirmed.
11. Filing of Resolution. The appropriate officers or agents of the town are authcrized ,nd
directed to file a certified copy of this Resolution with the Circuit Court of the County of [,o adc '~n,
Virginia pursuant to Sections 15.1-199 and 15.1-212 of the 1950 Code of Virginia, as am,' ni ~d
12. Effective Date. This Resolution shall take effect immediaZely.
The undersigned Clerk of the Town Council of the Town of Leesburg, Virginia, certifies that
the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a regular
meeting of the Town Council of the Town of Leesburg, Virginia, held on July 11, 1990.
Mr. York said this resolution sets forth details of a bond issue that was authorized by the
Council last August. Specifically, setting the date of sale which is August 7, 1990, seting forth the
payment schedule, principal and interest payments and also granting authority to the town manager
to accept the lowest interest rates on the bids received so the Council will not have to be in session on
that date to accept the lowest bid. These bonds will be issued on a book entry only basis.
The rating agencies will give us our rating about 5 or 6 days prior to the actual issuance.
Minutes of July 11, 1990
The resolution was adopted by a roll call vote of 6-0-1.
Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
Absent: Clem
On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted.
90-183 - RESOLUTION - REVISING RESOLUTION NO. 90-118 REGARDING THE CONSTRUCTION
OF AN OUTDOOR BASKETBALL COURT AT FOXRIDGE PARK
WHEREAS, this Council received a written petition from children who reside in the Foxridge
Subdivision requesting the addition of a basketball court at Foxridge Park; and
WHEREAS, this Council adopted Resolution No. 90-118 which authorized the town's acceptance
of a donation from the Leo Construction Co. for the construction of an outdoor basketball court at
Foxridge Park in honor of former Loudoun County High School Donald F. Larson; and
WHEREAS, many Foxridge residents objected to the original location at the passive park on
the south side of Foxridge; and
WHEREAS, an alternative location between the tot lot and softball field back stop has been
identified as an acceptable location to the residents:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The revised location for the 30-foot x 30-foot outdoor basketball court as shown on the attached
illustration is approved.
Mr. Kimball recommended sending each of the children a signed copy of this
resolution. Mayor Sevila commented that this was resolved in a way that is
satisfactory to all of the residents of Foxridge. He received many calls com-
menting on the excellent job done by Gary and staff . They agreed on a new lo-
cation agreeable to everybody. He commended Gary for working with all the vari-
ous interests, etc. He also believed they discussed having a dedication
ceremony.
Aye: Councilmembers Bange, Forester, Kimball,
Nay: None
Absent: Clem
Lovin, Webb and Sevila
On motion of Mr.
at 9:15 p.m.
Kimball, seconded by Mr. Webb,~he meeting was adjourned
Mayor