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