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HomeMy Public PortalAbout1990_07_25MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL JULY 25, 1990 A regular meeting of the Leesburg Town Council was held in the Loudoun County School Board meeting room, 102 North Street, N.W., Leesburg, Virginia on July 25, 1990, at 7:30 p.m. The meeting was called to order by Vice-Mayor James E. Clem, with the invocation given by Mr. Kimball and the Salute to the Flag led by Councilmember Christine M. Forester. Present were: Mayor Robert E. Sevila (arrived at approximately 8:00 p.m.), Councilmembers Georgia W. Bange, James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin and William F. Webb. 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, Public Information Officer Susan Farmer and Town Attorney George Martin. On motion of Mr. Lovin, seconded by Mr. Kimball, the regular meeting minutes of May 22, 1990, special meeting minutes of May 30, 1990, regular meeting minutes of June 13, 1990, and special meeting minutes of June 30, 1990 and July 2, 1990, were approved as written. Nay: Absent: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Webb None Mayor Sevila Petitioners Mr. Chip GroW, a resident of 107 Carlton Street, addressed the Council. He has lived in Leesburg for 15 years and has worked in downtown Leesburg since 1975. He read a letter dated July 17, 1990, that is attached to this set of minutes and made a part of the official record. Mr. GroW showed the Council a full page ad that will appear in the Loudoun Times-Mirror and asked the Council to work with the Renaissance committee to make sure that the lot is not abused during regular working hours. In addition, he showed the Council a poster that will appear in the window of every business in the downtown area that will allow it. Mr. Kimball applauds Mr. GroWs position with regard to this matter and noted that Mr. GroW indicated that the town should relax the sign ordinance. Mr. GroW said that there will be people who put signs up that are not legal. He urged the town to get involved in a public relations position. We need to protect our downtown area. Mr. Kimball said that Mr. GroWs sign was tasteful and direct but he would not like to see a proliferation of random colors and sizes of signs. Mayor Sevila suggested referring this matter to a committee agenda for further consideration and discussion to see what recommendations the committee or staff could come up with as far as signs and sign control. On motion of Mr. Kimball, seconded by Mr. Clem, this matter was referred to the August 1, 1990, Administration and Public Works Committee Agenda. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Ms. Mildred Henbough, a resident of 908 Marshall Drive, said that in the spring of this year residents in Carrvale and Exeter appeared before the Planning Commission at a public hearing to'state concerns. We voiced objections and disbelief that the fire department wanted to set a precedent and build a fire station in an existing residential area. We voiced great concern for the safety of our children who live in the Carrvale and Exeter developments. We voiced our concern for the safety of all children who attend the Leesburg Elementary School. We reminded the Planning Commission that the Leesburg Elementary School is a walking school. We voiced our concern for the disruption of the students and the teachers. We voiced our concern for the already high volume of traffic on Plaza Street that occurs during the week, on the weekends, in the summer, in the winter, in the spring and in the fall. We voiced our concern for the disruptions to the family and family life by sirens going off day and/or night. The Planning Commission heard the citizens and they voted with us. It was suggested that Edward's Landing would be a much better selection. Edward's Landing would provide the fire department with access to Potomac Crossing, downtown Leesburg, Carrvale, Exeter, Country Club and any other locations. New families purchasing homes in Edward's Landing would do so with the full knowledge that the fire department was there. The residents were told that a public hearing would be held, at Council level, at the end of July or early August. The announcements have been in the paper. The hearing is scheduled for August 8, 1990. All concerned have had ample time to get prepared. We petition Mr. Clem to not ask to postpone this public hearing for a day, a week or a month. We ask the Council to not support any motion to postpone this hearing. The residents of Carrvale and Exeter have had enough aggravation over this issue. Mrs. Vicki Smith, a resident of 101 Birch Street, addressed the Council with regard to the proposed fire station. She asked the Council not to postpone the public hearing. We want the issue to be resolved. Asking for a September public hearing is unprofessional. We as citizens have had Minutes of July 25, 1990 ample time to get prepared - we don't understand why the fire company has not also prepared themselves. Mrs. Smith asked Mr. Clem why the fire fighters were not notified of the two previous meetings. Mr. Clem answered that the letters and correspondence were sent to Mr. McGuire who does not chair that committee. John Carr chairs the fire company committee. The wrong person was no~qed. Mr. William Mulokey, a resident of 312 Edwards Ferry Road, addressed the Council reading a statement with regard to the Star Pontiac legislation that is proposed for Council action this evening. The statement is attached to this set of minutes and is made a part of the official record. Public Hearings: a. Special Exception Application ~SE-90-2 by Old Mill Boarding Kennel, Inc. Ms. Imhoff noted that this has been before the Council on several occasions. At one point there were some questions as to whether there had been adequate adjacent owner notification. This has been rectified. This is a request to expand the existing kennel and to add a veterinary hospital of approximately 2,500 square feet within the I-1 zoning district. The Planning Commission recommended approval of this application with conditions. Those conditions have been incorporated into the legislation that is included for adoption this evening. There were no negative comments received from the Planning Commission or Council. The public hearing was closed. On motion of Mr. Webb, seconded by Mr. Lovin, this item was deferred until the legislation portion of the Council agenda. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None b. Special Exception Application #SE-90-3 by Aitcheson Plumbing Ms. Imhoff said this is a request to construct an 8,000 square foot warehouse facility and is an expansion of an existing facility. It is located off of South Street. The Planning Commission recommended approval of this application with conditions. Those conditions have been incorporated into the legislation that is included for adoption this evening. The public hearing was closed. On motion of Mr. Clem, seconded by Ms. Bange, this item was deferred until the legislation portion of the Council agenda. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Amendment to Map 4~ Community Facilities Policy of the Leesburg Town Plan Rezoning Application #ZM-116 Stratford in Leesburg Mr. Minor said that the Board of Supervisors are considering 3 locations for their consolidated county government complex. Under state law these types of public facilities should be located in accordance with the comprehensive plan of the host jurisdiction. In those instances where the proposed location is inconsistent with the comprehensive plan, a Commission Permit is granted by the Planning Commission of that jurisdiction. In this instance, the town is interested in rectifying its planning documents to be consistent with the Town Council's policy recommending that in addition to the downtown historic district as being a location for the county government that Stratford also make sense from a comprehensive planning perspective, therefore, it is proposed that our comprehensive plan be amended to show this area as a site for the consolidated county government complex. The public hearing was closed. On motion of Mr. Lovin, seconded by Mr. Clem, this item was deferred until the legislation portion of the Council agenda. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None d. Amendments to the Subdivision and Land Development Regulations Ms. Imhoff said a resolution was adopted by Council, in April, to initiate and refer these amendments to the Subdivision and Land Development Regulations. These amendments are needed because of the Design and Construction Standards Manual (DCSM). Many of the technical provisions have been deleted and are now in the (DCSM). Another more substantive change is that the information requirements for plans remains the same as those for plats. Mr. Jack Williams, representing the NVBIA Leesburg Committee, addressed the Council. The NVBIA committee is currently in the process of reviewing this document and would like to forward any comments or suggestions, to Council, during the next 10 days to be made a part of the public record. Minutes of July 25, 1990 Mr. Minor ~id that delaying this issue for another two weeks does not pose any problem for - the town. The public hearing was closed. On motion of Mr. Clem, seconded by Mr. Lovin, this item was referred to the August 1, 1990, Planning and Zoning Committee. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Councilmember Comments Mr. Webb thanked Director of Engineering and Public Works Thomas Mason for his prompt response to the rip rap problem on Valley View Avenue. The citizens appreciate it. He attended the EAC meeting on behalf of Mr. Clem and noted that Mr. Tolbert was re-elected chairman. This is a very active committee. There was considerable discussion regarding trees in the town. Goals will be discussed at the next meeting. He attended the Cable Commission meeting and explained that the cable networks are rated by the number of prescribers that they have per passings. Leesburg has 61.8% active customers for the total number of houses in Leesburg, which is a good national average. Mr. Lovin attended the 30th Anniversary of the Loudoun County Chamber of Commerce. It was a very nice affair. He complimented Mr. Minor and Mr. Huff on the Ida Lee Park brochure. He has been elected to represent Leesburg with the Northern Virginia Planning District Commission NVPDC. The first meeting is tomorrow. Mr. Clem thanked Mr. Webb for attending the EAC meeting in his absence. He thanked the town for responding to the Fort Evans Road at Meadows Lane residents. Action has already been taken in cleaning the lots. Any support the town can give will be timely and greatly appreciated. Mr. Kimball attended the Dodona Manor committee meeting on Monday. He reported that it is a very energetic group and is encouraged by what he heard. One way to bring some town attention to General George C. Marshall would be to indicate on our town stationary that this was the home of General Marshall. Mrs. Forester wished to encourage everyone to visit Ida Lee Park. The brochure will help the town market Ida Lee as a premier recreational facility. The Planning Commission met last week in a special 2 hour workshop to discuss the Stonegate proposal. With the cooperation of the staff and citizens, we are coming close to resolving a lot of the problems and concerns that the citizens have. The staff has worked long and hard to come up with ideas and solutions to address all citizen concern. She also attended the 30th Anniversary of the Loudoun County Chamber of Commerce and the Dodona Manor committee meeting. The Planning Commission has cancelled their August 16th and 23rd meetings. Ms. Bange attended the Saturday Listening Session. One citizen will request~ from staff, to have 40 plus acres included in the Urban Limit Line. Another citizen wanted to register a feeling of negativism among the public servants of the Town of Leesburg. We talked and hopefully became mor~. congenial. She thanked the Loudoun Times-Mirror for their efforts to help alleviate the d~vn*own ~ ~rk-,n~ problem. This is a step in the right direction in becoming the friendliest town in No .thzr~ Vi 'gi~.ia She attended this weeks Planning Commission meeting. She attended the Parks and Recreation Advisory Commission meeting. We are very encouraged about all the good things going on at Ida Lee Park. There are some active sub-committees looking to achieve some scholarships for people who are not able to participate in the fee structure. The brochure is one of the nicest Ms. Bange has seen and she wished to compliment staff. She also attended the 30th Anniversary of the Loudoun County Chamber of Commerce. Ms. Bange is looking forward to attending the Municipal Urban League meeting for newly elected officials, next week. Minutes of July 25, 1990 Manager's Report Mr. Minor reported that the Council did receive a copy of the written Activity Report on Monday. He highlighted the Ida Lee Recreation Center Fees, on page 6, and said that staff will update the Council on the revenues received from that facility, every two weeks. Prior to July 1, the town received nearly $10,000 in advanced memberships. Mayor's Report Mayor Sevila read the following proclamation: PROCLAMATION NATIONAL NIGHT OUT - 1990 WHEREAS, the National Association of Town Watch is sponsoring the 7th Annual edition of a special, coast-to-coast community crime prevention event on August 7, 1990, called "National Night Out" - America's Night Out Against Crime; and WHEREAS, the Town of Leesburg plays an essential role assisting Leesburg's Police Department through it's cooperative crime prevention efforts in the Town of Leesburg and is supporting the "National Night Out" locally; and WHEREAS, it is important that all citizens in the Town of Leesburg be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime and drug abuse in our neighborhoods; and WHEREAS, "National Night Out" provides an opportunity for the Town of Leesburg to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS, neighborhood awareness, spirit and cooperation are important themes of the "National Night Out" project and key components in helping the Leesburg Police Department to fight crime and drug abuse: THEREFORE, BE IT RESOLVED that I, Robert E. Sevila, Mayor of Leesburg, do hereby call upon all of the citizens of the Town of Leesburg to join the Leesburg Police Department and the National Association of Town Watch in supporting and participating in the 7th Annual "National Night Out" on August 7, 1990. Mrs. Forester said that she attended a neighborhood watch meeting in the Carrvale and Exeter subdivisions. The community is planning a celebration for that night by having a neighborhood picnic. Officer Taylor has been instrumental in putting together a lot of the local programs through the neighborhood watch. Legislation On motion of Mr. Clem, seconded by Mr. Kimball, the following ordinance and resolutions were proposed as consent items and unanimously adopted. Mr. Minor reported that item 10(p) should be removed from the agenda because the boundary line adjustment is still pending. This matter will be placed on the next Council agenda once the court renders a decision. All indications are that the court will act favorably on this prior to the next regular Council meeting. Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None Mayor Sevila read the following proclamation: PROCLAMATION WHE~, there is no pursuit more noble than helping fellow human beings; and WHEREAS, Multivision Cable of Leesburg has generously decided to support the Muscular Dystrophy Association in its "Cable Cares" program 1990; and WHE~, from August 1-September 4, 1990, Multivision Cable of Leesburg will provide free cable hook up for a $10 donation to MI)A; and free upgrade for a $10 donation to MDA; and WHEREAS, we in the Town of Leesburg appreciate the contributions made by our business community to help our fellow citizens: THEREFORE, BE IT RESOLVED that I, Robert E. Sevil~, Mayor of Leesburg, the entire Minutes of July 25, 1990 Council and all of the citizens of Leesburg do hereby proclaim August 1-31, 1990 as CABLE CARES MONTH in Leesburg and urge citizens to support the aims and goals of the Muscular Dystrophy Association's "Cable Cares" program. Mayor Sevila asked Tommy Sparing, MDA's Poster Child, to come forward to accept the original proclamation. On motion of, duly seconded the following ordinances and resolutions were proposed as consent items and unanimously adopted. 90-0-21 - ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-82 CHARLES B. DELASHMUTT AND ANN ENGLE WHEREAS, on October 22, 1986 the Town Council received and referred to the Planning Commission an application for rezoning of approximately 8 acres located at the southeast quadrant of the intersection of the Route 7/15 Bypass and Sycolin Road from County R-1 and Town R-2 to County PD-CH; and WHEREAS, the Planning Commission held a public hearing to consider this application and proposal for approximately 126,000 square feet of office/commercial development on January 8, 1987; and WI-IE~, following a period of deferral at the request of the applicant, the Planning Commission recommended approval of this rezoning with proffers for the development of approximately 76,000 square feet on March 3, 1988; and WHE~, the Town Council held a public hearing on May 11, 1988 to consider this rezoning application; and WHEREAS, the applicant deferred action on the application until December, 1989, at which time Town Council consideration was re-activated; and WHEREAS, the existing zoning district designations and the proposed zoning district designation were changed with the comprehensive zoning revisions adopted April 24, 1990 from Town R-1 and R-6 to 0-1 General Office zoning district with proffers; and WHEREAS, an additional Town Council public hearing was held on June 13, 1990 to consider rezoning the property from R-1 and R-6 Residential to 0-1 General Office zoning district with proffers to permit a maximum gross floor area of 67,500 square feet of office and accessory personal service uses; and WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-82 by Charles B. Delashmutt and Ann Engle is hereby approved and the Leesburg Zoning District Map is amended to change from R-1 and R-6 Residential to O-1 General Office as proffered, approximately 8.2 acres of land located at the southeast quadrant of the intersection of the Route 7/15 Bypass and Sycolin Road and further identified as Loudoun County Tax Map 48, Parcel 77, as shown on the concept plan drawn by Marc Weiss and Associates dated April 6, 1990; subject to the following conditions proffered in writing by the property owner on July 11, 1990, in accordance with the provisions of Section 15.1-49(a) of the 1950 Code of Virginia, as amended: 1. C,mceptual Development Plan. The applicant agrees to develop the property in substantial conformance with the Conceptual Development Plan (CDP) prepared by Marc Weis~ and Associates and dated April 6, 1990. Nothing in this proffer shall prevent the a~pli ant from making changes to the Conceptual Development Plan in order to comply with town regulaticns. M:nor changes shall be allowed to accommodate such compliance. 2. Permitted Uses. The following uses shall be permitted as set forth in the Town of Leesburg Zoning Ordinance adopted April 24, 1990. Offices Recreation facility Personal services, which are accessory uses to office uses, including the following. i. B~nk without drive-in facility ii. Barber Shop iii. Beauty Shop Minutes of July 25, 1990 Dry-cleaning and/or laundry pickup station Shoe repair shop Watch repair shop Photostat shop Tailor shop Travel agency Office supply store Newspaper stand Eating establishment without drive-in facility The following use may be permitted by special exception: A. Child care center 3. Site Access. Access to the property from Sycolin Road (Route 643) shall be limited to one location as generally shown on the Concept Development Plan. 4. Road Right-of-Way Dedication. The applicant shall dedicate, to the Town of Leesburg, free and clear of all liens and encumbrances in a form approved by the Town Attorney: 45 feet from the centerline of Sycolin Road (Route 643) along the property frontage (approximately 875 feet); additional land which may be needed for a right turn lane along the property frontage south of the proposed entrance; and 100 feet from the existing centerline of Sycolin road for a distance of 400 feet south of the existing Sycolin/Route 15 Bypass intersection as shown on the CDP to accommodate construction of an overpass. These dedications shall occur when requested by the Town of Leesburg for road improvements or at the time of approval of the final plat or development plan for the development of the property, whichever occurs first. 5. Road Improvements. The applicant shall improve Sycolin Road along the entire property frontage to one-half a standard 52-foot "urban pavement section" with appropriate acceleration, deceleration, turn lanes and/or tranSitional pavement sections as required by Town of Leesburg standards. These improvements will be designed and bonded with the first final plat or final development plan for the development of the property, whichever occurs first. In addition, a contribution of $76,000.00 shall be given as the pro rata share of future off-site transportation improvements. This contribution shall be made prior to issuance of a zoning permit for construction of the first building. This contribution shall be adjusted annually from the date of approval of this rezoning according to the Construction Cost Index (CCI) as shown in the Engineering News Record. 6. Architect.ural Quality. The applicant agrees to submit architectural elevations to the town for review and approval by the Town Council prior to preliminary development plan approval. The buildings shall be designed for maximum architectural compatibility with adjacent residential uses. 7. Sycolin Road Closing. The applicant agrees not to oppose the closing of the existing Sycolin Road/Leesburg Bypass intersection when the overpass is constructed and open to traffic. 8. Fire and Rescue Contribution. Applicant agrees that immediately prior to the time each zoning permit is obtained, Applicant, or its successors in interest, will pay to the Town of Leesburg the sum of $0.25 per gross square foot of building area as a non-refundabh: contribution to the fire and rescue facilities providing service to the Property. This contribution stt~'l be adjuste'l sunually from the date of approval of this rezoning according to the Co~.~su~ue~ Price Index (CPI). 9. Environmental Protection. The applicant shall preserve slopes greater than 25 percent above elevation 350 feet and existing tree cover along the rear property line as generally indicated on the CDP. Applicant shall submit a tree preservation and preliminary grading plan with the first preliminary site plan for development of the property for approval by the Land Development Official. Applicant shall provide a 50-foot building and parking setback along the southern property boundary as shown on the CDP and a vegetative buffer as required by Section 9A of the Town of Leesburg Zoning Ordinance. Applicant acknowledges that the final plat and construction drawings are subject to the terms and conditions of the applicable subdivision and zoning ordinances ~ well as Town engineering and construction standards. Applicant also acknowledges that Concept Development Plan approval does not express or imply any waiver or Minutes of July 25, 1990 modification o£ the requirements set forth except as specifically cited by ordinance section and paragraph in the motion approving this rezoning. Applicant represents that it has full authority to make these proffers and to execute this document, that these proffers are made voluntarily and shall be binding on all owners, heirs, successors and assigns. SECTION II. This ordinance shall be effective upon its passage. 90-184 RESOLUTION AUTHORIZING A CONTRACT WITH KEY-TECH, INC., FOR CONSTRUCTION AND INSTALLATION OF VARIOUS EQUIPMENT ITEMS FOR THE POTOMAC RIVER WATER TREATMENT PLANT WHEREAS, the adopted FY 91 budget included an aggregate capital expenditure appropriation of $255,000.00 for the construction and installation of various equipment items necessary in expansion and upgrade of the Potomac River Water Treatment Plan; and WHEREAS, a public bid opening was held on June 29, 1990 in response to a published request for sealed bids; and WHEREAS, all bids exceeded both the engineer's estimate and available funds for the advertised work which necessitated a reduction in the scope of the contract; and WHE~, it has been determined that Key-Tech, Inc., of Lynchburg, Virginia was the lowest responsive and responsible bidder in the amount of $244,500.00 for the construction and installation of a water screen, access road, trash pumps and deck replacement at the raw water pumping station: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized and directed to enter into a contract on behalf of the town, in a form approved by the town attorney, with Key-Tech, Inc., in the amount of $244,500.00 for construction and installation of various equipment items at the Potomac River Water Treatment Plant. 90-185 ° RESOLUTION - AUTHOI:~IZING NIGHTTIME FLASHING OPERATIONS OF TRAFFIC SIGNALS ON A TRIAL BASIS WHEREAS, traffic flow patterns and volumes require frequent monitoring and evaluation in order to properly program and adjust traffic signal to operate efficiently; and WHEREAS, the nighttime flashing operation conforms to the Manual on Uniform Traffic Control Devices; and WHEREAS, operating a traffic signal in the flashing mode during times of low traffic volumes offers benefits to motorist which includes fewer stops and delays; and WHEREAS, motorist operating vehicles in Leesburg during nighttime hours have experienced some delays which could be shortened by the use of a nighttime flashing mode for traffic signals at certain intersections: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Nighttime flashing operation between the hours of 12:00 midnight to 5:00 A.M. for the traffic signals at East Market Street and Plaza Street and at Harrison Street and Catoctin Circle is authorized for a 45-day trial period. 90-186 - RESOLUTION - AUTHORIZING THE INSTALLATION OF A PEDESTRIAN PUSH BUTTON CONTROL AT CATOCTIN CIRCLE AND EAST MARKET STREET WHEREAS, it is difficult for pedestrians to cross East Market Street at Catoctin Circle on the east side of the intersection; and WHEREAS, a pedestrian push button control, which is common form of traffic signal activation for pedestrians, will improve pedestrian safety: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is authorized to sign a standard purchase order requisition not to exceed $1,000.00 for the installation of a push button control at East Market Street and Catoctin Circle for crossing East Market Street on the east side of the intersection. Mr. Webb asked what control pedestrians have when they push that button. Mr. Mason said that presently there is no opportunity for pedestrians to conveniently cross this intersection. There are currently four cycles controlled by that signal. The plan is to program a fifth phase that will still allow certain vehicle movements but will also make it more convenient for pedestrian crossing. Mrs. Forester said that items 10 (i) and (j) are direct results of inquiries from citizens. She Minutes of July 25, 1990 thanked Mr. Mason and Mr. Grow for checking these signals and coming up with these solutions. 90-187 - RESOLUTION - AUTHORIZING A STREET RESURFACING PLAN FOR FY 91 WHEREAS, the FY 91 budget appropriated $50,000 for street resurfacing; and WHEREAS, the Director of Engineering and Public Works has recommended specific streets to be resurfaced in a memorandum dated July 13, 1990. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The street resurfacing program outlined in a memorandum to the Council dated July 13, 1990, in the priority listed, is approved. 90-188 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARANTEE FOR WOODLEA MANOR PHASE I WHEREAS, NV Land, the developer of Woodlea Manor Phase I has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements for Woodlea Manor Phase I; and WHEREAS, the letter of credit from Home Federal Savings and Loan Association, which guarantees the installation of public improvements in Woodlea Manor Phase I, in the amount of $774,000.00 expires on September 23, 1990; and WHEREAS, a new letter of credit from Home Federal Savings and Loan Association in the amount of $774,000.00 has been provided by the developer to guarantee installation of the remaining public improvements for Woodlea Manor Phase I; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $774,000.00 to guarantee installation of the remaining public improvements of Woodlea Manor Phase I. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The letter of credit from Home Federal Savings and Loan Association in the amount of $774,000.00 in a form approved by the Town Attorney and a time extension to September 23, 1991 for the installation of public improvements in Woodlea Manor Phase I are hereby approved. 90-189 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR THE CROSSROADS BAPTIST CHURCH WHEREAS, Resolution No. 90-151, adopted by the Town Council on June 27, 1990, approved a letter of credit from Jefferson Savings and Loan in the amount of $18,611.00 as security to guarantee the installation of the public improvements for Crossroads Baptist Church; and WHEREAS, the developer has provided a letter of credit from the Bank of Loudoun in the amount of $18,611.00 as the performance guarantee for installation of public improvements for Crossroads Baptist Church. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The irrevocable bank letter of credit in a form approved by the town attorney from the Bank of Loudoun in the amount of $18,611.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Crossroads Baptist Church. 90-190 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR PEER MANOR SECTION III WI-IEREAS, Resolution No. 89-199, adopted by the Town Council on September 26, 1989, approved a letter of credit from Metropolitan Federal Savings and Loan Association in the amount of $172,246.00 as security to guarantee the installation of the public improvements in the Peer Manor Section IH Subdivision; and WHE~, the developer has provided a letter credit from Farmers and Merchants National Bank in the amount of $172,246.00 as the performance guarantee for installation of public improvements in the Peer Manor Section III Subdivision. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The irrevocable bank letter of credit in a form approved by the Town Attorney from Farmers and Merchants National Bank in the amount of $172,246.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Minutes of July 25, 1990 Pul~lic Works for Peer Manor l/I. Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Mr. Clem, seconded by Mr. Lovin, the following ordinance was proposed and unanimously adopted. 90-0-22 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-90-2 OLD MILL BOARDING KENNEL~ INC, BY MICHAEL EDELHEIT WHEREAS, Mr. Michael Edelheit has applied on behalf of Old Mill Boarding Kennels, Inc. located at 91 Lawson Road and further identified as Loudoun County Tax Map 48, Parcel 79A for approval of a special exception to allow for expansion of an existing kennel and development of a veterinary hospital within the I-1, Industrial zoning district; and WHEREAS, on May 22, 1990 the Town Council referred this special exception application to the Planning Commission for a recommendation; and WHEREAS, the Planning Commission recommended conditional approval of special exception application #SE-90-2 on June 21, 1990; and WHERF_u~, the Town Council held a public hearing on June 27, 1990 to consider this special exception application; and WHEREAS, an additional Town Council public hearing was requested on behalf of the applicant to ensure adjacent property owner notification; and WHEREAS, a second Town Council public hearing was held on July 25, 1990 to consider this special exception application; and WHEREAS, this application is generally consistent with Town Plan land use policies and is generally compatible with surrounding zoning and development: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia, as follows: Special Exception application #SE-90-2 Old Mill Boarding Kennel, Inc. by Michael Edelheit is hereby approved with the following conditions: The proposed veterinary hospital shall be a maximum of 2,500 square feet, as shown on the plat, dated May, 1990. All veterinary hospital fa 'ctlities shall located be within a completely enclosed building. The building shall be adequately sound-proofed and constructed so that there will be no emission of odor or noise detrimental to other properties in the area. Compliance with this requirement must be demonstrated by the applicant for approval by the Zoning Administrator prior to the issuance of a zoning permit for the veterinary hospital. No proposed development shall be located within the required front, side or rear yard setbacks, with the exception that parking will be allowed within the required 50-foot front yard. All outdoor fenced pens and runs shall be operated only during daytime business hours. Specifically, use of these outdoor facilities shall be prohibited between 9:00 p.m. until 7:00 a.m. The proposed veterinary hospital and improvements are subject to the applicant acquiring approximately 5,000 square feet of former road right-of-way from the To vn of Leesburg. The proposed veterinary hospital and improvements shall be in substar.tiel conf~rmar ce with the above-referenced plat. A minor boundary line adjustment to a~hieve a 20- foot rear setback would be acceptable without having to re-review the special exception. Mr. Clem thanked Mr. Mahan for bringing this matter back to public hearing for a second time allowing the public to be notified. He supports the resolution. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None On motion of Mrs. Forester, seconded by Mr. Webb, the following ordinance was proposed and unanimously adopted. 90-0-23 - ORDINANCE APPROVING SPECIAL EXCEPTION APPLICATION #SE-90-3 BY AITCHESON PLUMBING Minutes of July 25, 1990 WHEREAS, a warehouse facility j & H Aitcheson Plumbing has applied for approval of a special exception to allow and outdoor storage to be located at 315 South Street, S.E.; and WHEREAS, a special exception is required to allow a warehouse and outdoor storage in the B- 2 zoning district, in accordance with Article 11 of the Leesburg Zoning Ordinance; and WHEREAS, the Town Council referred the application to the Planning Commission for their recommendation on June 27, 1990; and WHEREAS, the Planning Commission recommended approval of Special Exception #90-3 on July 12, 1990; and WHEREAS, the Town Council held a public hearing on this application on July 25, 1990; and WHEREAS, the proposed uses meet the general and specific review criteria set forth in the Zoning Ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Special Exception application #90-3 is hereby approved with the following conditions: The final plat and construction drawings are subject to the terms and conditions of the applicable subdivision and zoning ordinance as well as town engineering and construction standards. Building size may be decreased below the square footage depicted on the approved special exception concept plan if necessary to provide an adequate loading zone to accommodate SU vehicle maneuvering. The location of the warehouse and two outdoor storage facilities shall be in general conformance with the special exception plan prepared by Paciulli, Simmons and Associates which is submitted herein. Exterior lighting of the site shall not adversely affect adjacent property owners. All lighting elements shall be directed toward the site. A lighting plan should be submitted in accordance wlth Section 13- 63(10)(b) of the Subdivision and Land Development Regulations. Aye.' Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Mr. Webb, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 90-191 - RESOLUTION - ADOPTING AN AMENDMENT TO MAP 4, COMMUNITY FACILITIES POLICY OF THE LEESBURG TOWN PLAN WHEREAS, the County of Loudoun is considering a consolidated government complex location within the Town of Leesburg at Stratford; and WHEREAS, the Town of Leesburg is supportive of this proposal, consistent with the adopted Annexation Area Development Policies, to keep county government an integral part of the town's economy; and WHEREAS, the Town of Leesburg is the county seat of Loudoun and has been the location of Loudoun County government for over 230 years; and WHEREAS, the proposed County of Loudoun government complex at Stratford in Leesburg is the best location for the county complex and is in keeping with good planning practice; and WHEREAS, Map 4, Community Facilities Policy does not presently reflect a proposed location for any county government offices outside of the Old and Historic District; and WI-IEREAS, an amendment to Map 4, Community Facilities Policy of the Town Plan to locate the proposed Loudoun County government complex at the Stratford in Leesburg site was initiated on April 24, 1990, and was referred to the Planning Commission for public hearing; and WI-IE~, the Planning Commission recommended approval of this amendment to the Town Council on June 14, 1990 following its public hearing; and WHEREAS, the Town Council held a public hearing on July 25, 1990 to consider this amendment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Map 4, Community Facilities Policy of the Town Plan is hereby amended to formally illustrate the proposed Loudoun County government complex at Stratford in Leesburg. Minutes of July 25, 1990 Aye: Nay: Coundlmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 90-192 - RESOLUTION - ENDORSING A REVISED URBAN LIMIT LINE WHEREAS, the Loudoun County Planning Commission asked Leesburg and all Loudoun towns to submit a proposed Urban Limit Line, which will be considered in preparing the County General Plan; and WHEREAS, the Town adopted a Resolution on June 13, 1990, approving a proposed Leesburg Urban Limit Line for submittal to the Loudoun County Planning Commission for consideration and incorporation in the General Plan and future area plans; and WHEREAS, subsequent to the adoption of the proposed Urban Limit Line, a request for inclusion of 905 acres, generally located west of Route 621 between the Town's 201 service boundary and Sycolin Creek, including the historic Rokeby Estate, was received from the land owners; and WHEREAS, the adopted Town Plan identifies the area between the corporate limits and Sycolin Creek as a natural intermediate boundary for development beyond 1994; and WHEREAS, the Town could benefit from participating directly in the planning and protection of the Rokeby estate and surrounding properties, to ensure compatible growth and development which protects the distinct historic value of the Rokeby estate; and WHEREAS, the Town continues to support a modified Urban Limit Line based on the timing of the Dulles Toll Road: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The attached map showing the proposed Urban Limit Line is amended to include the area west of Route 621 to Sycolin Creek and is approved for submittal to the Loudoun County Planning Commission for consideration and incorporation in the General Plan and future area plans. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None On motion of Mr. Kimball, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 90-193 - RESOLUTION AUTHORIZING A 'SPECIAL AGREEMENT AND APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR THE STAR PONTIAC VEHICLE STORAGE FACILITY WHEREAS, a gravel vehicle storage facility was created over two years ago without benefit of an approved development plan as required by the town's Subdivision and Land Development Regulations and Zoning Ordinance; and WHEREAS, subsequently a development plan was submitted and approved by the Planning Commission; and WHEREAS, the Council by Resolution No. 89-231 authorized an agreement and performance guarantee in the amount of $80,250 for the public improvements associated with the development plan; and WHEREAS, the owner presently desires to phase the improvements, rather than bear the total cost for all of the required work at one time; and ' WHEREAS, a phasing plan has been proposed which ~i'1 l'mk tte &re~. for vehicle storage, result in the inst~llation of substantial landscaping to screen the lot from adjacem reside ~tial property and will create a swale to improve drainage in the area: THEREFORE, 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 phasing plan, as approved by the Director of Engineering and Public Works for the Star Pontiac vehicle storage facility, dated April 22, 1990. SECTION II. A performance guarantee in a form approved by the town attorney in the amount of $21,000.00 is approved as security for the installation of the landscaping, and swale as shown on the plans approved by the Director of Engineering and Public Works for the Star Pontiac vehicle storage facility. SECTION III. The length of the performance guarantee shall be for six months at which time Minutes of July 25, 1990 all work in Phase I shall be complete. On or before January 25, 1991, the owner shall be required to enter into the agreement to complete all public improvements, as authorized pursuant to Resolution No. 89-231 or remove all vehicles from the gravel vehicle storage facility. Ms. Bange said that she has been contacted by several residents who live in this area and who have been very unhappy for several years. One day during a rain storm she visited this area and witnessed the water run off on some of the backyards of the nearby properties. She would like to speed this process up and feels that these residents have been very patient and have waited a long time for something that has been an infraction of the rules. We need to know exactly when they expect to finish this work. Mayor Sevila said there was discussion at the past committee meeting concerning the completion of Phase II improvements. Mr. Minor said he has spoken to the owner and the owner estimates the cost will be about $300,000.00 to do all the work in the approved development plan. What came from the last committee was that the Council would entertain an incremental approach to addressing the needs. Mr. Mason believes that the swale will address the bulk of the storm drainage in this area. The landscaping has also been a great concern of the residents. This agreement states that in six months this work must be done. If it is not done then the proceeds from the guarantee will be used by the town to complete the work. From there, the owner will immediately execute the contract for public improvements and the guarantee for the balance of the work. That work will have a standard performance agreement as is done with all development plans and subdivisions in the town. Mr. Kimball suggested setting a date by which the agreement will be entered into. The Mayor suggested amending Section III of the proposed resolution, second line to read... "all work in Phase I shall be complete. On or before January 25, 1991, the owner shall be required to... ". Mr. Kimball said this has been a difficult activity for quite some time. He shares Ms. Bange's comments with regard to the neighbors. He personally, sees some movement on this project and is prepared to support this resolution with the modification. Mrs. Forester questioned the 5th Whereas in the resolution and asked how the phasing plan is going to limit the area. Mr. Mason said that the phasing plan shows which improvements will be made as well as a line drawn on the plan indicating a limit of space that will be used for vehicle storage. Mayor Sevila acknowledged to Mr. Mulokey that there may be a temptation to deny this request because there is no question that the continuing violation did cause a lot of consternation and criticism over a long period of time. We are still being contacted by the residents asking when something is going to be done. We should ail resist the temptation to use our power or decision- making process as a vehicle of vindication. With this resolution the violation will be alleviated and the problem, ultimately, will go away. If we can get the boundary line problems and storm water management problems solved, then we can solve most of the immediate problem of danger to adjoining properties and make some considerable aesthetic improvement too. The Mayor thanked Mr. Mulokey for his comments and for taking the time to come out as a resident of Edwards Ferry Road. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and adopted. 90-194 - RESOLUTION - CANCELLING THE AUGUST 8, 1990, PUBLIC HEARING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN TO PERMIT THE CO-LOCATION OF A FIRE SUBSTATION ON THE TEN-ACRE PUBLIC FACILITIES SITE IN EXETER WHEREAS, this Council, at the request of the Leesburg Fi:e Company, initiated an amendment to the Town Plan to illustrate a proposed fire substati,,n ,,n the 10-ac) e public facilities site in the Exeter Planned Development; and WHEREAS, a public hearing was conducted by the Lee: burg Plam!ng Commission on this proposed amendment and the Commission recommended to the Council that it not be approved; and WHEREAS, a potential alternative site for a fire substation to serve this quadrant of Leesburg has been located through a proposed offer from the developer of the Edwards Landing Planned Development, now under consideration by the Council; and WHEREAS, a decision by the Leesburg Town Council to approve ZM-109, the Edwards Landing Planned Development, could impact the Council's decision on the proposed Town Plan amendment; and WHEREAS, the fire company desires additional time to evaluate the proposed Edwards Landing and Exeter sites; and Minutes of July 25, 1990 WHEREAS, no public hearing will be required, if the Leesburg Fire Company determines that it no longer requires a part of the ten-acre site in Exeter for a fire substation; and WHEREAS, Council Resolution No. 90-141 directed advertisements on July 19 and July 26 in the Loudoun Times-Mirror for a public hearing on this matter on Wednesday, August 8: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A notice of cancellation for the public hearing originally scheduled for August 8, 1990, at 7:30 P.M. to consider an amendment to the Comprehensive Plan of the Town of Leesburg to locate a fire substation on a 10-acre public facility site in Exeter Planned Development shall be published in the Loudoun Times-Mirror on September 6 and September 13, 1990. Said notice shall further indicate that prior to any location of a fire substation on the 10-acre public facility site a public hearing shall be conducted by the Town Council following statutory notice and that any approval shall first require a favorable decision of the Council to amend the Town Plan by illustrating the substation site on the public facilities map. SECTION Il. Notice advertising the public hearing shall be published in the September 6 and September 13, 1990, editions of the Loudoun Times-Mirror for hearing on September 26, 1990. Mr. Clem said that the Leesburg Volunteer Fire Company is not here to hurt anyone. We are here to provide fire protection services for ail of the citizens of Leesburg. That is what needs to be addressed. We need to make sure that we put a building in the proper location. We are not sure that the land that has been identified in Edward's Landing is buildable. We need to check this along with some other items. Proper engineering data needs to be gathered so that we can make a good presentation to the citizens of Leesburg. Insurance Services Organization (ISO) determines the fire insurance rates in Leesburg, therefore, if we select a wrong location the citizens will pay for it - t~vo-fold. First with time response and secondly through insurance rates. Mayor Sevila, myself and members of the fire department held a meeting - we have adequate manpower but we need another building in the northeast quadrant of town. Our fire calls are predominately in the northeast and southeast portions of Leesburg. We have asked that a public hearing be held on September 26, 1990. During that time there will be a meeting held at the Leesburg Elementary School to address the issues of the community. There is no way that the fire company can be prepared for a presentation on August 8. Mrs. Henbough, a resident of 908 Marshall Drive, asked if Mr. Clem was making his statement as a councilmember or as president of the fire company or as a private citizen. Mr. Clem said that he was making it as a citizen, fireman, etc. Mayor Sevila said that he did not want any bickering between the audience and the councilmembers and if he believes any councilmember is out-of-order then he will call him down for it as he would any member of the public. The Mayor said that Mr. Clem is a councilmember - fire and rescue is a town-wide issue and he can address that issue at the Council level. Monday's meeting at the fire company was well attended and lasted nearly two hours. A lot of issues were aired relating to site selection. The meeting was informative because the firemen are reaily looking at the site selection process very seriously and they want to make a presentation at a public hearing that is going to be both useful to the Town Council in deciding the comprehensive planning issue and beneficiai to them as providing a public service in the community by helping to educate the community that they voluntarily serve. There is an irony here that we are getting citizens angry at other citizens - volunteers who have not done anything to justify people being mad at them. Planning and comprehensive planning issues are very tough issues. The firemen are going about this in the right way. We should give them until September 26, to present their case. This also gives the citizens in the northeast quadrant an equai opportunity to prepare their case in opposition. If they let either of these two site slip away from them there are no other sites. They are a~ternptinls to come back to the town with a sincere recommendation that is supported by the ent~.re ,~.ompauy and backed up by some good, sound planning criteria. The Mayor hopes th,~t Jeluyir g tae pu.~l:.c hea~mg will not cause any inconvenience to the citizens. The paramoun~ issre i~ to m~ke s~'re be ~re all well informed, the Council, staff, Planning Commission and the public to make the right decision. The Mayor supports the resolution to cancel the August 8, 1990 meeting and reschedule to September 26, 1990. Mr. Clem apologized to the citizens of Exeter and Carrvale for the delay. He assures the citizens that the fire company is in no position to give a presentation on August 8. On motion of Mrs. Bange, seconded by Mr. Clem, the resolution was amended to include September 26, 1990, as the new public hearing date. Aye: Councilmembers Bange, Clem, Kimbail, Webb and Mayor Sevila Nay: Forester, Lovin Mrs. Forester raised concerns about the affect this delay will have on the potential approval of the Edward's Landing rezoning. Mayor Sevila said there is no question that Edward's Landing is Minutes of July 25, 1990 affected by the decision. Specifically the issue is the proffer in Edward's Landing calling for the dedication to the fire company within 30 days of the date of approval. Approval of the Edward's Landing application is a comprehensive plan a~nendment as well as a rezoning which is accomplished by the designation on the concept plan for the 3-acre parcel shown as a fire station. Holding the decision on the Exeter site in abeyance almost by default does the same thing to Edward's Landing. The Mayor does not want to hold up the rezoning on Edward's Landing - it has been pending for a long time. The Mayor proposes that Council indicate to the applicant that the town would like the parcel dedicated to the Town of Leesburg. Otherwise we end up with an unacceptable delay to the applicant of Edward's Landing. The proffer should be changed to make the Town of Leesburg the recipient of the 3-acre parcel of land and that it be held by the Town of Leesburg for use as a public facility site similar to the one in Exeter. Mr. Webb thought there should be something in writing indicating that the fire company will be the fee simple owners of the parcel. Mr. Minor said that language should be added when modifying the proffer that would ultimately convey the property to the Leesburg Volunteer Fire Company for construction of a fire station. Mayor Sevila recognized Mrs. Forester and asked if that satisfies her concern. Mrs. Forester said she is not sure her concern is satisfied on any of this - with a delayed proposal. She is perplexed, upset and disappointed. We have gone around and around on this issue since May. We have had multiple committee meetings where we have been promised that the fire company just needed to get their act together, that they were not trying to put together a case for one side or the other. She pointed out that we not only have citizen or residential opposition but the Planning Commission also studied this issue very carefully and voted unanimously against the Exeter site. Though she has taken a position on this issue she did not form the public opinion on this matter. She listened as the citizens expressed their views. The Planning Commission and the residents do not oppose the fire department they oppose the location of the site. Both groups recognize the need for a station in the northeast quadrant and they worked diligently with staff to find an alternative. As it turned out the new site is much better for an concerned. The site at Edward's Landing is a deed of gift to the fire department. Within 30 days of Council's approval of that rezoning the fire department would have the option to own that land and use it immediately to secure a loan to begin their building program. The Edward's Landing site meets the town plan and the AADP requirements, it is centrally located in the new proposed expansion of the Urban Limit Line and it will not adversely affect any existing residential neighborhoods. In this case we do not have to weigh the rights of a developer versus the rights of the citizens. We have to consider only the public good. We must weigh the value of the location versus its impact on this neighborhood. Since the same value can be found in a better location I cannot in good conscience oppose the residents in this matter. It would be unfortunate ff the fund raising of our volunteer fire and rescue squads became the innocent victim of this unnecessary conflict. This hurts all of us. We cannot allow this to happen. A vote to cancel or delay this hearing is a vote to divide this town an.d to undermine the efforts of all of our volunteers. Mr. Lovin plans to vote against the extension of time for a public hearing. His decision is based on public comments that he has received. He had a conversation with a member on the Loudoun County School Board who is opposed to the Exeter site because of the public safety of emergency vehicles entering and exiting close to a school facility. Ms. Bange said we are all citizens. Our firemen are also parents and have children in school. She does not believe that they are so committed to a particular location as they are committed to good service. We are very fortunate in Leesburg to have a volunteer fire system that not only gives the service to fight the fires but they also earn the money to pay the bills. They are going to earn the money to build the new building. They are not out to divide our town. They feel that they are being personally offended by this and are putting those feelings aside and trying to do a job they feel is going to be a good job for all the citizens in Leesburg. They do not want to hurt the citizens of Carrvale nor the children of Leesburg Elementary School. We would be doing an injustice to everybody if we did not give them a few more days to look at what they are trying to do and to do it in a good way. Mr. Webb said when Exeter first came about he was on the Planning Commission. At that time the land was dedicated for a public facility. All indications showed that the land would likely become a fire and rescue location. Also at that Jm~ the school and school administration did not have any objections to the fire department be~n9 lo( ~te:i t ~ere. Why ~.re we all of a sudden getting up in arms about something that was discas ~ed if ye irs ag ). If Fdwa: d'z Landing is a better location then he is all for it. He &ppreciates how ;:he citizen,s feel Mrs. Forester said unfortunately the citizens remember those meetings differently then Mr. Webb just portrayed them. Mayor Sevila called for the vote on the amended resolution: Aye: Councilmembers Bange, Clem, Kimball, Webb and Mayor Sevila Nay: Forester, Lovin New Business On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. Minutes of July 25, 1990 90-195 - RESOLUTION - AUTHORIZING A STREET LIGHT AT THE END OF CHANCELLOR STREET THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to sign a standard purchase order requisition not to exceed $1,659.00 for installation of a street light at the Chancellor Street cul-de-sac. SECTION II. An appropriation in the amount of $1,659.00 from the unappropriated General Fund balance to account # 4104-700-090-200, street light installation, is hereby authorized. Mr. Kimball would like staff to prepare a list of other possible sites that may come up in the next fiscal year so that Council might have some way of estimating the financial impact of the unappropriated funds for these street lights. Mr. Clem said that this matter was brought to his attention by nearby residents. This area is quite dark. Mr. Minor said it would be difficult to anticipate if the town would receive a request for a street light or not. It is doubtful that more than 2 or 3 street lights would be requested during the entire fiscal year. Mr. Kimball asked what the safety standard was. Mr. Mason explained that light poles are spaced about every 150 feet along the residential street. Mr. Minor thought 150 feet was short and that poles are spaced about every 300 feet. Mr. Kimball asked if there have been any security violations at the end of Chancellor Street. Mr. Clem answered yes. Kids and automobiles were congregating at least once or twice a week. Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila 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 relating to appointments to the Leesburg Ad Hoc Parking Committee. Mr. Edmond Jacoby, representing the Loudoun Times-Mirror as a reporter, addressed the Council. He said he is sure that everyone is familiar with the law that governs this body but he wished to review one of them. The language of the opening explanatory sentences of 2.1-343 of the Code of Virginia, the so called Freedom of Information is explicit. It states in particular that the law shall be interpreted very broadly so that the maximized public exposure of the deliberations of public bodies. It also states that exemptions such as the privilege to close a portion of a public meeting must be interpreted as narrowly as possible. It says these things to insure in the words of the code itself - that no things shall be hidden which ought to be public. In other words what is done in the name of the public ought to be done in the presence of the public whenever possible. Quite frankly that public which elected you is inclined to distrust politicians who close them off their chamber doors. There is no requirement - none - that the subject you propose to discuss be discussed in dose session and in the interest of reassuring your constituents that its business is being conducted openly and honestly I would urge you to reaffirm there first and fourth amendment rights and make your appointments, horse-trading and all in open session with ail the lights on. The motion was seconded by Mr. Lovin. Ms. Bange said she has no problem with discussing this matter in public. Mr. Kimball said Mr. Jacoby made a good point. Given the nature of this particular committee he is not sure what the sensiti~ty is. Ma.] ~r ~e,.ila said the motion that was adopted is one that recognizes the appropriateness of *h~ c~ nf;,de~ tiahty of the exec ~ti,ye session when personnel matters are being discussed. He is not a pr, .pc ~e~ .t o' e; ~ec ~ti~.-e st ssior.s. He does not consider himself a federal government and is prepared to oic.~ tron a lis~ of .~ 2 citiz,.ns who are going to be selected for a variety of suggestive reasons to se~ ~e on a cvmmit;ee and some in that process will be rejected. As far as the Mayor is concerned they are all volunteers. He does not want to offend, hurt or in anyway inhibit people from coming forward and volunteering their services to this town. For that reason the Mayor, on this occasion, is going to avail himself of the confidentiality afforded under the ordinance. He supports the motion and encourages all of Council to. We are not making an appointment to the Supreme Court that needs to be done before committees and public hearings, we are talking about citizens who have volunteered their services to this community. We accept some and reject some and our process should be entirely confidential. It is appropriate. Mr. Lovin concurred with the Mayor. Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila Nay: Kimball Minutes of July 25, 1990 Mrs. Forester_ made the following motion: I ~nove 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 Ms. Bange. The public meeting was reconvened at 10:22 p.m., by a roll call vote of 7-0. Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Mrs. Forester, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 90-196 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF JULY 25, 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 lawflrlly 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. The resolution was adopted by a roll call vote of 7-0. Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None Mrs. Forester made a motion to establish an Ad hoc Committee on Downtown Parking and to open the committee to any interested citizens. Section II of the proposed resolution was eliminated, Section III was made Section II and the manager was instructed to advertise the openings and refer the names of all interested citizens to Council for consideration. The number of people to serve on this committee is nine, including a councilmanic representative. The motion was seconded by Mr. Clem. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Mrs. Forester made a motion to change the title of the resolution to read "Establishing an ad hoc committee to advise the Council on downtown parking and other issues associated with the construction of the parking structure and municipal buildings", and to change Section I to read "An ad hoc advisory committee is hereby created to be composed of representatives..." The motion was seconded by Mr. Kimball. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None On motion of Mrs. Forester, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 90-197 - RES( LkTI~)N - ESTABLISHING AN AD HOC COMMITTEE TO ADVISE THE C¢ ~U qCiL ON r DWNTOWN PARKING AND OTHER ISSUES ASSOCIATED W~.T] [ THE CONS'"RUCTION OF THE PARKING STRUCTURE AND MUNICIPAL BUII DING WHEREAS, with the support of the Downtown Business Association, the Council authorized construction of a new 371-space parking structure in downtown Leesburg on July 22, 1987; and WHEREAS, during the 10-12 month construction period, the existing off-street surface parking within the LoudounfMarket Street block has been lost; and WHEREAS, the temporary loss of this parking will adversely affect downtown businesses and the customers and clients they serve; and WHEREAS, the downtown business community can make a major contribution toward identifying measures which will help mitigate the adverse effects of the loss of downtown parking during construction; and Minutes of July 25, 1990 WHEREAS, this Council wishes to work closely with the downtown business community to ~ identify and implement creative solutions which will help maintain the vitality of downtown Leesburg ' during this period; and WHEREAS, representatives of the business community have suggested the formation of an ad hoc committee to formalize this dialogue: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An ad hoc advisory committee is hereby created to be composed of representatives of the Leesburg business and professional community. The purpose of this committee is to identify and help implement solutions to problems associated with the current construction of the new municipal parking garage and to work toward ensuring that Leesburg's historic district continues to play a vital role in Leesburg's economic and cultural life throughout this decade and into the next century. SECTION II. The committee shall consist of nine members, one of which shall be a member of Council. The manager shall advertise the openings and refer the names of all interested citizens to Council for consideration. The manager or his designee shall assist the committee as necessary. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None On motion of Mr. Lovin, seconded by Mrs. Forester, the meeting was adjourned. Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None Rober~ E. Sevila, Mayor Town of Leesburg Clerk of Council