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HomeMy Public PortalAbout1990_09_12MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL SEPTEMBER 12, 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 September 12, 1990 at ?:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Donald Kimball and the Salute to the Flag led ~by Mr. William F. Webb. Present were: Mayor Robert E. Sevila, Councilmembers Georgia W. Bange, James E. Clem, Christine M. Forester, Donald A. Kimball, and William F. Webb. Absent was Councilmember Claxton E. Lovin. Also present were: Town Manager Jeffrey H. Minor, Assistant Town Manager Steven C. Brown, Director of Utilities Randolph W. Shoemaker, Director of Engineering and Public Works Thomas A. Mason, Director of Parks and Recreation Gary Huff, Zoning Administrator Scott Johnson, Planners Peter Stephenson and Kristie Struble, Public Information Officer Susan Farmer and Deputy Town Attorney Deborah Welsh. On motion of Ms. Bange, seconded by Mr. Webb, the regular meeting minutes of August 8, 1990, were approved as written. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin PETITIONERS Mr. Peter Chopivsk¥, a resident of 306 West Market Street, addressed the Council with regard to the scheduled public hearing, #ZM-119 Westgreen Subdivision. He supports the proposal and urges Council's adoption of it. His desires are to preserve the beauty and tranquility of this area. This proposal offers a unique opportunity to provide a buffer to the northwest section of town which has significant old and historic value. Properties such as the Harrison House, Hillcrest, etc., merit the Council's consideration for preservation. Several weeks ago the Council, in a courageous vote, turned down the Georgelas proposal to radically alter a significant portion of the northwest section of Leesburg. Can we be sure that future Councils will take a similar courageous stand. The passage of #ZM-119 will in some measure help protect the preservation of the beauty and tranquility of the West Market Street corridor. Mr. Edgar Hatrick, P.O. Box 1241, Chairman of the Leesburg Marshall Committee, addressed the Council. The Marshall Committee is a volunteer group of about 70 people leading a broad-base citizen effort to re-awaken a sense of pride in Leesburg's foremost citizen George C. Marshall. The committee is working with the George C. Marshall Home Preservation Fund to educate all of our citizens about the contributions made by General Marshall. We hope that by making everyone aware of Marshall's contributions the effect will be to increase contributions to the effort of the town and the home preservation fund to help establish Dodona Manor as the focal point for world travellers. He asked the Council's help in the committee's educational efforts. 1990 marks the ll0th anniversary of Marshall's birth. In honor of that fact the committee is planning a 110 day celebration that will include a variety of activities. We have secured two banners and are requesting that the Council allow these banners be hung over Market and King Streets from now until December 31. On motion of Mrs. Forester, seconded by Mr. Kimball, the following resolution was proposed and adopted. 90-222 - RESOLUTION - CELEBRATING GEORGE C. MARSHALL'S BIRTHDAY DURING THE LAST 110 DAYS OF 1990 AND DECLARING DECEMBER 31, 1990 AS GEORGE C. MARSHALL DAY WHEREAS, George C. Marshall chose Leesburg, Virginia as his permanent home in 1941; and WHEREAS, the Town of Leesburg is justly proud of General Marshall and his wife who lived at Dodona Manor; and WHEREAS, George C. Marshall distinguished himself in service to his country as Five Star General of the Army, as Secretary of Defense, as Secretary of State and as author of the Marshall Plan for the Economic Recovery of Europe; and WHEREAS, General Marshall was recognized in his military and civilian career for his steadfast and selfless service to his country and the world; and WHEREAS, Marshall's importance in the economic recovery of europe was given world wide recognition when he was awarded the nobel piece prize in 1953; and WHEREAS, 1990 marks the ll0th anniversary of George C. Marshall's birth; and WHEREAS, the Town of Leesburg wishes to join with the Leesburg Marshall Committee in celebrating the birth of this famous citizen and in reawakening in our community a sense of pride in the kind of leadership, integrity and devotion to our country exemplified by Marshall: Minutes of September 12, 1990 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that during the last 110 days of 1990 Leesburg celebrates George C. Marshall's 110th birthday, and, further, that December 31 is hereby declared George C. Marshall Day in the Town of Leesburg. Mr. Kimball recognized the committee for their excellent work in education of this issue and working with the community and town in securing this property for everyone's mutual benefit. He noted a special event scheduled for October 13 at the Leesburg Airport. Mrs. Forester thanl(ed Mr. Kimball for mentioning the event and showed a color photo rendition of the air plane that Lufthansa will be bringing to the airport. The plane will be on tour of the United States and will be in the Washington area for a couple of days. The Leesburg committee is selling raffle tickets for an opportunity to fly on this plane. The tickets will be on sale around the area this weekend - contact Mrs. Forester to purchase them. Mayor Sevila commended Mr. Hatrick and his group for the outstanding job they are doing. He concurs that there is a need in our community to make sure there is a broad understanding of who George C. Marshall was and the significance of the fact that he lived in our community. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin Mr. Minor suggested that the Council pass a motion to permit the placement of the banners at the locations. We have about 5 requests per year to hang banners and this project is distinguishable from other banner requests because it involves the purchase of property that will be real estate of the town. Mrs. Forester made a motion to approve the banner for the 110 Day Celebration of George C. Marshall and to allow the Marshall Committee to hang the banners on East Market Street and Loudoun Street. Mr. Kimball seconded the motion. Mayor Sevila explained that this is a fund raising drive being performed by the Leesburg committee as well as the home preservation fund on behalf of the town to assist the town in raising the funds voluntarily to help pay for this property. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin Mr. Alton C. Echols addressed the Council referencing Leesburg's sign regulations. He stated that the ordinance is lacking in meeting the needs of many people in the Town of Leesburg. There are over 30 illegal signs in the town including the banner just approved by the Council. He then read an excerpt from the ordinance and said that these are technicalities that people are getting caught up with. We have a group of office buildings at the corner of Harrison Street and Gateway Drive. There is nothing in the current sign ordinance that handles offices on less than two acres. If there .~re two people using one doorway, the ~,~-c people have to share the same sign. This is not practi,c'd. Mr. Echols asked that the Zoning Administrator not prosecute/persecute anyone under the curr~:nt sign ordinance for 30 to 60 days. Call a moratorium on infractions of the sign ordinance including Mike Payne and his First Choice sign. Appoint a committee of individuals who own buildings in Leesburg that are affected by this ordinance so that the entire ordinancc can be addressed. The sign ordinance has been put off long enough - ~,t needs to be addressed. Mr. Webb agreed with Mr. Echols stating that it was time that the town took a look at its sign ordinances. There is nothing wrong with the banner that was approved tonight~ however, it is not in accorc'.ance with the town's ordinance. ~w-or Sevila asked that this item be addressed at the next Planning and Zoning Committee. ~ Ir. 1~ Kin)r said that the Zoning Administrator and planning staff have been working on revisions to t ~e si~,m ~rdinance. One option is to refine the revisions, send the draft proposals to interested citizens Chi the Council for comments and then bring these comments back to Council in about 30 days along with some potential legislation. Mr. Webb said he would find it very hard to deny another group or civic organization that came in wanting a similar sign but we would have to deny under our current ordinance. Mr. Clem said that he brought this to the attention of the Assistant Zoning Administrator about six months ago and it was elevated to the Zoning Administrator but nothing has happened. Mr. Minor explained that we have, today, a new draft sign regulation. Mr. Kimball said that Mr. Echols made a strong accusation of persecution of business owners over signs and he is opposed to that. If this does occur it needs to be brought out into the open and the issue should be dealt with very firmly. Mrs. Forester supports taking a good look at the current sign ordinance and supports Mr. Minor's proposal to do that. It is important to make sure that people do understand that it is a draft and something that Council is considering and something that will undergo many revisions before it Minutes of September 12, 1990 is passed. The Council will have to also set a time to get together, in a workshop, and decide the consensus of this Council in terms of policy before the sign regulation can be addressed. PUBLIC HEARINGS: #ZM-119 Westgreen Subdivision - Amendment to the Zonin~ Ordinance and the Zoning District map to expand the H-1 Old and Historic District Ms. Struble addrdssed the Council presenting a brief staff report and describing the areas under consideration. Mr. Richard Brennan, a resident of 107 Liberty Street, N.W., addressed the Council opposing the amendment to add the Westgreen Subdivision into the Historic District. He noted a Washington Post article published a few weeks ago and expressed disappointment that inclusion of Westgreen would be considered. This is sort of an undisciplined way to go. What is the criteria when we would say no. A key tourist attraction of Leesburg is its Old and Historic District and we are making a mockery of it. He asked Council not to pass this legislation. Ms. Struble explained that this is only an expansion at the local level and is part of a recommendation that was made to the town in 1976. There are two sections in the town's preservation ordinance which allowed the town to include these two areas. Item 5 of the ordinance states.., areas may be eligible given their unique location and whether they would contribute to the established character of that area . . . The area has been developed sensitively so that the West Market Street corridor has not been drastically affected. We are not adding these homes because they are historic but because they are part of a larger neighborhood and this neighborhood is visually distinct. These factors should be taken into consideration because they are important. Ms. Bange asked who the recommendation was made by in 1976. Ms. Struble said, consultants hired by the town who conducted a building survey of the entire town. This survey was the basis for all of our information. Mr. Alton Echols explained that he owns a shopping center, built in 1969, located in the historic district between Loudoun Street, Harrison Street and Church Street. It has no business being in the historic district. Today there are three tenants in this shopping center that are caught in a bind because the center is located in an H-1 District and can only have a 40 foot sign. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mrs. Forester, seconded by Mr. Kimball, this matter was referred to the Planning and Zoning Committee of September 19, 1990. The proposed legislation (item 10(b)) regarding this item was also referred back to committee. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin b. Special Exception #SE-90-4 Gateway and #ZM-122 Gateway Mr. Stephenson addressed the Council presentin..g a staff report. He explained that in both cases it is an application by Sycolin Partnership for property located south of Gateway Drive. There are 19.3 zoned B-2 Commercial with proffers. Previously~ approved proffers limited development on the balance of the Gateway Subdivision to no more than 5Q. percent of the total development. There is slightly more than 3 acres left for potential multi-family 'development by Special Exception under the existing volunteered proffers. The applicant has applied for proffer amendments to allow for a multi- family development on the remaining acreage of the Gateway Subdivision. We have a tandem request for a special exception approval for the 19.3 acres to request a maximum 268 dwelling units, 156 garden style condominiums and 112 townhouse style condominiums. The overall project density proposed is 13.9 acres. Mr. Stephenson showed an exhibit portraying the general layout of the proposed development. The property was zoned commercial in 1980, known as #ZM-28. The property wa~ fcrmerl~ zoned R-3 Residential and became commercially zoned. In 1986, #ZM-67 amended the inida. in 1980 to further define the uses for lots 2 through 5 for office and residential dwe?li~gs At thk, point, only an amendment to #ZM-28 which imposed the 50 percent condihon is require~ a, ong ~ ith the special exception approval for multi-family units. The Council is asked to re-examine the appropriateness of further residential development within Leesburg Gateway. Staff supports the proposed proffer amendment and special exception application. Multi-family development is preferred over many of the other B-2 commercial zoning district uses available for the balance of Gateway. The proposed proffer amendments and special exception application will allow multi-family development and is compatible with and will not be detrimental to the existing adjacent 20-unit per acre multi-family development. In terms of traffic generation and traffic impact the applications are more favorable. The Town Plan does designate this property for high density residential development at a density of 6 to 10 dwelling units per acre. The proposed density is 18.4 dwelling units per acre for condominium apartments, 10.8 for condominium townhouses and an overall density of 13.9 dwelling units per acre. Minutes of September 12, 1990 This is below the maximum allowable density of 22 units per acre permissible by the zoning special exception regulations. Staff recommends that the Town Plan Land Use Policy be examined and possibly amended, in the future, to correctly show the existing permitted high density to be up to a maximum of 22 units per acre in accordance with the Zoning Ordinance. Staff did receive final, signed, notarized proffers addressing all of staff and town attorney comments. In summary, they eliminate the 50 percent restriction on residential uses and provide further detail on architectural design. On July 26, 1990, the Planning Commission recommended to the Town Council approval of both of these applications. The Planning and Zoning Committee, on September 5, 1990, recommended that staff prepare approval legislation for consideration following the public hearing. Mr. Stephenson explained that it is necessary for the legislation for the proffer amendment to be approved prior to the special exception. The Mayor noticed that the proffer statement is labeled special exception and asked if it is submitted as part of #ZM-122 or part of #SE-90-4. Mr. Stephenson said it is submitted as part of #ZM-122. The Mayor said, under our system, we have special exceptions with conditions and rezonings with proffers. We may end up with some conflict that might make these non-binding if ever challenged for any reason. Mr. Alton Echols, addressed the Council on behalf of Sycolin Partnership. He said this has been a long continuing process that started about 10 years ago. This is an opportunity to provide some good, affordable housing, compatible with the existing areas. The proffers include everything that staff requested. Mr. Stephenson has been very nice and very professional and this has been the most pleasant experience that he has had in Leesburg in 10 years. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. Mrs. Forester referenced proffer item number three - during discussions of the brick front - the proffer says that there will be a mixture of siding on the rear end, architectural brick on the front and side elevations of the garden style units. There is not a similar statement about the townhouse style and there are no percentages. When we originally discussed this we referenced Fox Chase and Kings Chase. Fox Chase's proffer statements say that 50 percent of the facades had to be brick. The way Gateway's is written we do not have a guarantee that any of the townhouses will be brick. Mr. Stephenson said that is correct as far as percentages - we do not have specific percentages filled out. Mrs. Forester read the last line in proffer number three . . . the standard of review shall be the submitted elevations which shall equal or exceed other developments . . . and said that there are enough models that do not have brick if the developer chose to go that way we might not see a brick facade based upon the lack of percentages. Mr. Clem and the Mayor agreed that it should be clearly stated. Mrs. Forester said due to her question and the Mayor's question with regard to the correct labeling of the proffers that perhaps this item should be referred back to committee to get a revised proffer statement before taking formal action. Mayor Sevila thought that would be appropriate and raised a concern about when #ZM-28 was approved with a 50 percent reduction there was reason or criteria given for that proffered condition in exchange for the approval of #ZM-28. There does not seem to be any rational being offered for lifting a condition that was imposed by a previous Counsel. Another question of concern is under the heading "Town Plan Conformances" the issue is raised about whether or not the designation of the units per acre in the Town Plan is correct - that is one of the criteria that we look to when approving residential d~velopments. Another Town Plan criteria is the overall mix of multi-family townhouse and single-family units which is usually spelled out clearly in the staff report but no reference is made to it. This Council has not approved multi-family developments in the past without at least, as a minimum, referring to that balance and how the proposed development would affect it. The applicant has done a good job of setting forth in the proffer language what the exterior appearance of these units will be which is certainly, by the applicant, sensitivity to a very strong desire of this Council to have those architectural elevations set out and unequivocally made a part of the rezoning ordinance adopting the rezoning application. The architectural elevations need to be unequivocally, dearly expressed in the proffers which would be applied by our Council, Zoning Administrator or BZA in the event that some dispute arose in the future. We can work with the applicant, at committee level, to resolve those questions. Mr. Echols said he believed there was a misunderstanding as to what he intends and i~ a litAe disturbed at this eleventh hour. He told Mayor Sevila that the reason he is not as fami~.ia~ ~rit? the case as the other members of Council is because on previous occasions the Mayor left th~ ~oo.n at discussions concerning Sycolin and disqualified himself. The Mayor said this issue has never been before this Council. It came before this Council on a pre-public hearing last Wednesday night when the staff summary would be further elaborated at tonight's public hearing. We are not doing anything at the eleventh hour that is extraordinary or in any way different from what we do in most cases and a suggestion was made at the committee meeting last week where I was present that if appropriate Council could consider legislation on the same night of the public hearing. Mr. Echols told the Mayor that there was a special exception on Section 6a of Gateway which the Mayor excused himseff from discussions because of a possible conflict of interest since the Mayor had represented Mr. Hetzel. During the special exception process all of the previous history on this land was explained in detail. At that time we said that the condominium fronts and sides were to be all brick. We never said the townhouses would be all brick on the fronts and sides. If we were to do all brick on the fronts and sides of townhouses it would take them out of the $100,000o00 range and put them into the $160,000.00 to $200,000.00 range. These were originally proffered as being similar to the ones in Kings Chase. 0 Z Minutes of September 12, 1990 I do not see the need to proffer all brick townhouses. I can see the need for all brick condominiums and apartments. This land was originally able to have townhouses, apartments, etc., without special exceptions. The special exception process was implemented after the fact. We have more than met the spirit of having a good neighborhood. A lot of the recession that is in Leesburg can be attributed to delays. Those delays may at times be necessary but there are times when those delays are nothing but bureaucratic or legislative delays that are unnecessary. It is time that we start treating the property owners and the applicants with the same consideration that we would like to be treated if we were in their position. Mayor Sevila addressed Mr. Echols and stated - treating this application in the ordinary course like every other application and that is considering it at a public hearing, taking it up at the following committee and then a decision item on the agenda immediately following, is handling it in the ordinary course. It is not imposing any delay and none is intended. It is only intended that the problems that you eluded to in other planned communities within the town be avoided if possible by a full, careful, deliberate discussion with you, your developers, this Council and our staff present to discuss issues that have legitimately come up tonight and during the course of our consideration of this application. Mr. Echols said that the Mayor would not participate before because of a conflict of interest but that the Mayor is very much participating tonight. If it was a conflict of interest two years ago - its is a conflict of interest tonight. The Mayor said #ZM-28 was considered according to our record by the Council on April 9, 1986, and he excused hisself from consideration on that because he represented Mr. Hetzel in litigation in the Circuit Court of Loudoun County completely unrelated to the application and completely unrelated to any issue before this town. Only because of possible appearance of a conflict did he excuse hisseff. That litigation is concluded and his representation of Mr. Hetzel is concluded. No conflict existed then - none exists now. The only difference is no appearance of one exists now. Mr. Echols said that he believes that the Mayor's law firm has reviewed contracts on this particular piece of ground. The conflicts are there, time and time again. The Mayor said that he would consider all of Mr. Echols' comments at their appropriate time while this item is put on the committee agenda for further consideration. This item including the proposed legislation was placed on the Planning and Zoning Committee agenda of September 19, 1990. COUNCILMEMBER COMMENTS Mr. Webb had no comments. Mr. Clem has been working actively with the town manager and the Renaissance group. We have about 90 applicants to review to fill the administrator's position. He wished to thank Mr. Minor for responding to his request regarding Ms. Weaver. Mr. chairperson worthwhile Kimball attended the United Way kickoff at Festival Lakes. Mr. Bruce Roberts is the for this effort in Loudoun County this year. It was an excellent activity. This is a very project, worthy of everyone's support. Mrs. Forester reported that she attended the VML Conference in Williamsburg where she attended some of the sessions and met with the committee on local government. She wished to congratulate Mr. Gary Huff on the brochure Leesburg at Leisure. It is a great publication. Ms. Bange attended the Parks and Recreation Commission meeting. She feels very good about the things that are happening at Ida Lee. The scholarship funds are now being activated. People are now donating funds for those less fortunate individuals. She congratulated Mr. Huff for his work. MAYOR'S REPORT Mayor Sevila recognized and thanked the citizens that :er~ ~d on the ,~..d Hoc Committee to Retain the County Seat in Leesburg and presented *~,. n embe~ s ~ itl a Certif. ca :e ~f &ppreciation. Three of the members were present to receive tnei..- ~.erdfic ,re. ~h~,y ~ 'ere: ~Vlary Dearman, Christopher Mundy and Ken Crovo. The Mayor reported on the VML conference and said that it is always rewarding to be recognized for your achievements in the community but it is particularly gratifying when your community is singled out and cited as meritorious and worthy of an award by an organization who's membership consists of other towns, cities and counties throughout the Commonwealth. He received on behalf of the town an award for Environmental Quality for the H-2 District. The town also received a Certificate of Merit presented by the VML Public Affairs Network for Excellence and Innovation and Communication in 1990. Mrs. Forester said that the H-2 Design and the H-2 District was one of the priorities that this Council set when it started approximately 2 years ago. This was a task taken from our guidance and worked diligently on by staff. Minutes of September 12, 1990 Mayor Sevila reported on the anticipated revenue shortfall analysis by the Governor's office and how it is going to effect both Loudoun County and Leesburg. Work of the Grayson Commission, its current status and where House Bill 590 is in the approval process right now and how that bill will effect the Town of Leesburg. MANAGER'S REPORT Mr. Minor reporte, d that the Council did receive a written copy of the Activity Report. LEGISLATION On motion of Mr. Clem, seconded by Mr. Kimball, the following ordinance was proposed. Item 10 (a) - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING NON-CONFORMING LOTS OF RECORD WHEREAS, this Council has found that residential development currently permitted by Section 7A-4 (4) of the Leesburg Zoning Ordinance, which allows non-conforming lots of record to reduce the side yard requirements to ten percent of the lot width or five feet, whichever is greater, may lead to incompatible higher densities in stable neighborhoods, and potentially unsafe residential development; and WHEREAS, the purpose and intent of the zoning ordinance is to protect the health, safety and welfare of the citizens of Leesburg and such purposes are furthered by enacting reasonable controls to decrease the extent of non-conformity on existing lots of record; and WHEREAS, the Board of Zoning Appeals is enabled by Section 15.1-495Co), of the 1950 Code of Virginia, (as amended) to modify zoning requirements after public hearing pertaining to yard requirements and are therefore the appropriate body to review the development of lots of record with non-conforming side yards; and WHEREAS, amending the Zoning Ordinance will require owners of existing non-conforming lots, where proposed construction will result in non-conforming side yards, to obtain a variance from the Board of Zoning Appeals prior to construction; and WHEREAS, the Leesburg Town Council and Planning Commission held a joint hearing on June 13, 1990; and WHEREAS, amendment of these provisions of the Leesburg Zoning Ordinance is in the best interest of the 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. Section 7A-4 (4) of the Leesburg Zoning Ordinance is hereby amended to read as follows: Non-conforming Lots of Record. Any unimproved lot of record at the time of enactment of this Ordinance which does not satisfy the lot width or area requirements prescribed for the zoning district may be used for single-family detached dwelling within any residential zoning district, and any permitted use within any non-residential zoning district; provided ......... , that the requirements for side yards are met. that rcqu~.r~~_ ~!~c y~r~s sh~! bc r~u~c~ +~ nc !c~ th~n 19% ~f thc SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this Or lin~ .ncc is declared invalid by a court of competent jurisdiction, the decision shall not affe~ ':he velidi .y cf t.~e Arti~e a; a whole or of any remaining provisions of the Article. SECTION IV. This Ordinance shall be in effe.t upo:. it J l~sssge. Mr. Webb questioned what this ordinance will do for the town's future. If a developer comes in, will we allow him to have a 50' wide lot or 30' wide lot. Mr. Johnson, Zoning Administrator, explained the way that this ordinance will effect existing lots of record is if the lots do not meet the minimum side yard requirements then in order to construct a building the applicant would have to appear before the BZA. Currently, the ordinance allows a reduction of side yards to 10% of the lot width or 5' whichever is greater. Mrs. Forester asked what the Planning Commission's recommendation was on this matter. Mr. Johnson said the Planning Commission did not recommend approval of this. The Planning Commission recommended that there be no change to the current ordinance. Minutes of September 12, 1990 Mr. Webb asked how many lots would be affected. Mr. Johnson replied fifteen lots. Aye: None Nay: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila. Absent: Councilmember Lovin Items 10 (b), (c), and (d) were referred back to the Planning and Zoning Committee meeting of September 19, 1990. On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed as consent items and unanimously adopted. 90-223 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR Od 0 Z POTOMAC CROSSING SECTION lC WHEREAS, the Potomac Crossing Corporation, the developers of Potomac Crossing Section lC, 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 plus approved time extensions; and WHEREAS, the time period authorized by the Town Council for the installation of public improvements in Potomac Crossing Section lC expired on September 1, 1990; and WHEREAS, a letter of credit from United Savings Bank in the amount of $385,740.00 was provided by the Potomac Crossing Corporation to guarantee installation of public improvements in Potomac Crossing Section 1C; and WHEREAS, work to complete the public improvements is currently underway and is expected to be finished in 4 to 6 weeks; and WHEREAS, United Savings Bank is presently in conservatorship with the federally appointed Resolution Trust Corporation (RTC) acting as receiver for the assets and obligations held by United Savings Bank and has been recharted and renamed United Federal Savings Bank; and WHEREAS, United Federal Savings Bank has stated that it will honor the letter of credit issued by United Savings Bank to the full extent allowed by the contract for public improvements; and WHEREAS, the letter of credit from United Savings Bank in the amount of $385,740.00 provided by the Potomac Crossing Corporation to guarantee installation of the remaining public improvements for Potomac Crossing Section 1C has been renewed by United Federal Savings Bank and will expire on November 1, 1990; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $385,740.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section 1C. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The renewed letter of credit from United Federal Savings Bank, approved by the town's Director of Finance, in the amount of $385,740.00 and in a form approved by the Town Attorney, and a time ex~nsion to November 1, 1990 for the installation of public improvements in Section 1C are hereby approved. SECTION H. In the event the public improvements in Potomac Crossing Section lC are not satisfactorily completed by October 31, 1990, as determined by the Director of Engineering and Public Works, the Town Manager is hereby authorized to declare the developer in default of its contract and the Manager is authorized to r-.qt"est paymen'~, pursuant to the letter of credit or other performance guarantee, and to enferce al te 'm; oi the contract for public improvements. 90-224 - RESOLU7 IC N A1 lTl [O ~ITIN(' A ~ IlV'E EXTENSION FOR INSTALLATION OF PUBLIC !M]_'ROVEM~NTS AND APPROVING A PERFORMANCE GUARANTEE FOR t O' ?O!,IA ] ~ :R'.)S[ ,ING £ ]CTIDN 1_? WHEREAS, the Potomac Crossing Corporation, the developers of Potomac Crossing Section 1F, 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 plus approved time extensions; and WHEREAS, the time period authorized by the Town Council for the installation of public improvements in Potomac Crossing Section 1F will expire on September 12, 1990; and WHEREAS, a letter of credit from United Savings Bank in the amount of $84,200.00 was provided by the Potomac Crossing Corporation to guarantee installation of public improvements in Potomac Crossing Section IF; and Minutes of September 12, 1990 WHEREAS, work to complete the public improvements is currently underway and is expected to be finished in 4 to 6 weeks; and WHEREAS, United Savings Bank is presently in conservatorship with the federally appointed Resolution Trust Corporation (RTC) acting as receiver for the assets and obligations held by United Savings Bank and has been recharted and renamed United Federal Savings Bank; and WI-IEREAS, United Federal Savings Bank has stated that it will honor the letter of credit issued by United Savings Bank to the full extent allowed by the contract for public improvements; and WHEREAS, the letter of credit from United Savings Bank in the amount of $84,200.00 provided by the Potomac Crossing Corporation to guarantee installation of the remaining public improvements for Potomac Crossing Section IF has been renewed by United Federal Savings Bank and will expire on November 1, 1990; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $84,200.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section 1F. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The renewed letter of credit from United Federal Savings Bank, approved by the town's Director of Finance, in the amount of $84,200.00 and in a form approved by the Town Attorney, and a time extension to November 1, 1990 for the installation of public improvements in Section 1F are hereby approved. SECTION II. In the event the public improvements in Potomac Crossing Section 1F are not satisfactorily completed by October 31, 1990, as determined by the Director of Engineering and Public Works, the Town Manager is hereby authorized to declare the developer in default of its contract and the Manager is authorized to request payment pursuant to the letter of credit or other performance guarantee, and to enforce all terms of the contract for public improvements. 90-225 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 1G WHEREAS, the Potomac Crossing Corporation, the developers of Potomac Crossing Section 1G, 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 plus approved time extensions; and WHEREAS, the time period authorized by the Town Council for the installation of public improvements in Potomac Crossing Section 1G expired on September 1, 1990; and WHEREAS, a letter of credit from United Savings Bank in the amount of $84,621.00 was provided by the Potomac Crossing Corporation to guarantee installation of public improvements in Potomac Crossing Section 1G; and WHEREAS, work to complete the public improvements is currently underway and is expected to be furnished in 4 to 6 weeks; and WHEREAS, United Savings Bank is presently in conservatorship with the federally appointed Resolution Trust Corporation (RTC) acti:-~g ~s receiver for the assets and obligations held by United Savings Bank and has been recharted and renamed United Federal Savings Bank; and WHEREAS, United Federal Savings Bank has stated that it will honor the letter of credit issued by United Savings Bank to the ~ll extent allowed by the contract for public improvements; and WHEREAS, the letter of credit fro~ ~ U ~.it .~d Saving~ Pank in the amount of $84,621.00 provided by the Potomac Crossing Corpor~ tic .~ to g Jar ~n~ .~e 'nst'dl~ ,n )f ~.he remaining public improvements for Potomac Crossing Section IG h~z !~ee~ r~ne ~e('~ by Unit~ Feder~ Savings Bank and will expire on November 1, 1990; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $84,621.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section 1G. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The renewed letter of credit from United Federal Savings Bank, approved by the town's Director of Finance, in the amount of $84,621.00 and in a form approved by the Town Attorney, and a time extension to November 1, 1990 for the installation of public improvements in Section 1G are hereby approved. SECTION II. In the event the public improvements in Potomac Crossing Section 1G are not satisfactorily completed by October 31, 1990, as determined by the Director of Engineering and Public Minutes of September 12, 1990 Works, the Town Manager is hereby authorized to declare the developer in default of its contract and the Manager is authorized to request payment pursuant to the letter of credit or other performance guarantee, and to enforce all terms of the contract for public improvements. 90-226 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH FORT EVANS-BEVERLY ROAD ASSOCIATES AND APPROVING AN AGREEMENT TO ALLOW WASTEWATER FROM BATTLEFIELD SHOPPING CENTER TO FLOW TO THE EXISTING CATTAIL BRANCH SEWAGE PUMPING STATION WHEREAS, a final development plan has been approved for a 368,000 square-foot retail center to be developed at the southeast corner of the Edwards Ferry RoadfRoute 15 by-pass intersection; and WHEREAS, present plans call for wastewater generated by this center to be conveyed to the proposed new Cattail Branch interceptor and pumping station scheduled to be developed under the Cattail Branch Sewer Construction Agreement (Sewer Construction Agreement hereinafter); and WHEREAS, it is unlikely that the interceptor sewer and pumping station will be complete and functional by the time the Battlefield Shopping Center is constructed and open for business; and WHEREAS, the proposed retail center will substantially contribute to Leesburg's tax base, provide additional shopping and leisure opportunities for our citizens and result in the widening of two lanes on the by-pass for 2,400 linear feet and the signalization of the Edwards Ferry Road intersection; and WHEREAS, the existing Cattail Branch sewage pumping station was recently improved and re- rated by the State Health Department to increase its capacity from 320,000 gallons per day to 528,000 gallons per day; and WHEREAS, Fort Evans-Beverly Road Associates (developer) has submitted an offer to the town proposing to temporarily connect to this pumping station and to pay for all engineering, design review and construction costs associated with expanding further the capacity of this facility to at least equal the flow from the center; and WHEREAS, the developer has further agreed to honor its financial commitment and participation in the Sewer Construction Agreement: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town's Sewer Master Plan dated April 11, 1989, is hereby amended to allow interim connection of the Battlefield Retail Center to the existing Cattail Branch pumping station, until demolition and abandonment of the existing pumping station at the time the proposed Sewer Construction Agreement interceptor sewer and pumping station are constructed and functional, subject to an agreement between the Town of Leesburg and developer in a form approved by the town attorney, to include the following minimum conditions: Developer shall pay the full cost of all engineering studies and design, construction along with state agency and town review required to make the connection and increase the capacity of the existing Cattail Branch sewage pumping station. The developer shall not alter its participation in the Sewer Construction Agreement and shall provide to the Town of Leesburg an acceptable performance bond or letter of credit guarantee equal to its pro rata share set forth in the Sewer Construction Agreement, unless prior to that time, construction on the interceptor sewer and new pumping station is underway and the developer has furnished its pro rata share for the work in accordance with the agreement. At the end of three years any such gtaiantee to the town shall be released, if construction h~s not begun on the pump station and interceptor. Connection of the Battlefield Retail Center to the existing Cattail Branch pumping station may occur if existing capacity is available and plans for the expansion of the pumping station to accommodate all flow from the retail center are approved by the town and State Health Department and an appropriate guarantee for the expansion is furnished and accepted by the town. Mr. Minor said that the applicant is requesting that the five year period, for the guarantee that they participate in the Sewer Club, be reduced to three years. At the end of the three years the applicant would be under the obligations of their contract. 90-227 - RESOLUTION - SETTLEMENT AUTHORIZATION OF TOWN OF LEESBURG VS. BASIL Minutes of September 12, 1990 M. DELASHMUTT AND MARY B. DELASHMUTT, AT LAW NO. 10254 WHEREAS, there is pending before the Circuit Court of Loudoun County, Virginia, a suit styled, The Town of Leesburg vs. Basil M. Delashmutt and Mary B. DeLashmutt and 5.06049 acres, more or less, at Law No. 10254 for the condemnation by the Town of a 20' permanent and 20' temporary construction easement for the installation of the waterline along the Route 15 Bypass: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a settlement agreement in such case in a form approved by the Town Attorney to include payment of the sum of $18,576.00 to Basil M. and Mary B. DeLashmutt. The sum of $13,190.00, representing the amount paid by the Town to Basil M. and Mary B. DeLashmutt for the right of early entry upon such property, shall be applied as a credit. 90-228 - RESOLUTION - SETTLEMENT AUTHORIZATION OF TOWN OF LEESBURG VS. BASIL M. DELASHMUTT AND MARY B. DELASHMUTT, AT LAW NO. 10255 WHEREAS, there is pending before the Circuit Court of Loudoun County, Virginia, a suit styled, The Town of Leesburg vs. Basil M. Delashmutt and Mary B. DeLashmutt and 4.45 acres, more or less, at Law No. 10255 for the condemnation by the Town of a permanent and temporary construction easement, varying in width, for the installation of the waterline along the Route 15 Bypass: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a settlement agreement in such case in a form approved by the Town Attorney to include payment of the sum of $18,733.85 to Basil M. and Mary B. DeLashmutt. The sum of $13,252.75, representing the amount paid by the Town to Basil M. and Mary B. DeLashmutt for the right of early entry upon such property, shall be applied as a credit. 90-229 - RESOLUTION - SETTLEMENT AUTHORIZATION OF TOWN OF LEESBURG VS. CARLETON PENN AND LUCAS PHILLIPS, AT LAW NO. 10407 WHEREAS, there is pending before the Circuit Court of Loudoun County, Virginia, a suite styled, The Town of Leesburg vs. Carleton Penn and Lucas Phillips and 3.5991 acres, more or less, at Law No. 10407 for the condemnation by the Town of a 15' .sanitary sewer easement for the installation of the Tuscarora Creek Interceptor Sewer; and WHEREAS, acceptance of this settlement by the property owners is by way of compromise and does not foreclose any action by said owners to contest the location of the one hundred year flood plain line used as the basis for compensation: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a settlement agreement in such case in a form approved by the Town Attorney to include payment of the sum of $13,217.50 to Carleton Penn and Lucas Phillips. The sum of $475.88, representing the amount paid by the Town to the Circuit Court of Loudoun County for the right of early entry upon such property, shall be applied as a credit. 90-230 - RESOLUTION - AMENDING THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM AND MAK1NG AN APPROPRIATION FOR THE REPLACEMENT OF SEWER LINES AT THE HARRISON STREET SUBDMSION WHEREAS, capacity for the 8 inch sanitary sewer line serving the Harrison Street subdivision is beyond 100% capacity; and WHEREAS, sound utility management practice generally dictates replacement of lines at 80% capaciW; and V H?]RV.~S, no additional connections to the existing line can be made without creating the },o"~e: ~tial b~ se~er back-ups; and V~HERgAS, pipe capacity for the 10 inch sewer line connecting the 8 inch sewer line serving the subdivision exceeds 80% capacity and should be replaced with a 12 inch line in 1994; and WHEREAS, the project developer has agreed to contribute $25,000 toward the cost of the project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town's five year Capital Improvements Program is hereby amended to include replacement of the 8 inch sewer line at Harrison Street subdivision with a 10 inch line during fiscal year 1991 at an estimated cost of $100,000. SECTION II. An appropriation is authorized in the amount of $100,000 to account number 300-3120-700-240 from the Utility Fund balance for the fiscal year ending June 30, 1991. Minutes of September 12, 1990 SECTION III. The Capital Improvements Program is also amended to include replacement of the 10 inch sewer line at Harrison Street subdivision with a 12 inch line during fiscal year 1994 at an estimated cost of $100,000. SECTION IV. These amendments are authorized under the condition that the developer contribute $25,000 toward the cost of the project. 90-231 RESOLUTION J AUTHORIZING A CONTRACT ~VITH PACIULLI, SIMMONS AND ASSOCIATES, LTD. FOR COMPREHENSIVE ENGINEERING SERVICES WHEREAS, a Request for Proposal was issued by the Department of Engineering and Public Works for proposals for comprehensive consulting services; and WHEREAS, the review committee ranked the proposal from Paciulli, Simmons and Associates, Ltd. first among the thirteen received based on the review criteria; and WHEREAS, completing such an agreement will provide several advantages to the Town including: reduced administrative costs; a single source for coordination and monitoring of projects; and completing projects in a timely manner; and WHEREAS, no task estimated to cost in excess of $15,000 will be assigned to the consultant without prior approval of the Mayor and Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to execute a contract on behalf of the Town with Paciulli, Simmons and Associates, Ltd. for general engineering services as required by the Town of Leesburg not to exceed the amount of $32,000 for the fiscal year ending June 30, 1991. 90-232 - RESOLUTION - AUTHORIZING USE OF THE TOWN COUNCIL CHAMBERS BY ST. PAUL'S ANGLICAN CATHOLIC CHURCH WHEREAS, Leesburg's municipal government center is expected to be ready for occupancy in November, 1990; and WHEREAS, space is available for use by the public; and WHEREAS, St. Paul's Anglican Catholic Church has requested permission to use the Town Council Chambers for Sunday worship services; and WHEREAS, this Council supports St. Paul's Anglican Catholic Church's request to use the Council Chambers for church services and the below ground level room for Sunday School and related activities; and WHEREAS, St. Paul's Anglican Catholic Church has agreed to terms for this use satisfactory to the Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute a facility-use agreement with St. Paul's Anglican Catholic Church to permit use of the Council Chambers, staff lounge and meeting room on Sundays for an approximate three-hour period for a monthly charge of $322.50. The town may cancel said agreement at anytime with two months notice to the Church. The Church shall also furnish public liability insurance certificates naming the town as an insured with limits of at least $1 million. 90-233 RESOLUTION - AWARDING A PAVING CONTRACT TO ?RI-COUNTY ASPHALT COMPANY WHEREAS, a sealed bid was received for the Towr's 19.~0/91 :;trcet .~e,~urf~cing Pr,~gram; and WHEREAS, Tri-County Asphalt Company was +he s ~ccossful )idtei for '.h! ~ ~o 'k; al;d WHEREAS, the Director of Engineering and Public Works recommends award of the contract for the street resurfacing paving to Tri-County Asphalt Company: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a contract with Tri-County Asphalt Company for street resurfacing in accordance with the bid documents and specifications, at the unit price of $28.50 per ton for 1.5" SM-2A Bituminous concrete for a total not to exceed $50,000.00. 90-234 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND A WATER EXTENSION PERMIT FOR THE HIGH POINT WATERLINE EXTENSION Minutes of September 12, 1990 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for the High Point Waterline Extension. SECTION II. The extension of municipal water for the High Point Waterline Extension is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION IH. The irrevocable bank letter of credit in a form approved by the town attorney from American Security Bank in the amount of $14,048.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the High Point Waterline Extension. 90-235 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS AND CORRECTING THE PERFORMANCE GUARANTEE AMOUNT FOR EXETER SECTION 9 WHEREAS, a letter of credit from First American Bank in the amount of $1,566,803.00 has been provided by the developer and approved by the Town Attorney to guarantee installation of public improvements in Exeter Section 9; and WHEREAS, Resolution No. 90-157 adopted June 27, 1990, which approved the letter of credit. incorrectly listed the letter of credit amount. 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 plans approved by the Director of Engineering and Public Works for Exeter Section 9. SECTION H. The extension of municipal water and sewer for Exeter Section 9 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit approved by the Town Attorney from First American Bank in the amount of $1,566,803.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Exeter Section 9. SECTION IV. Resolution No. 90-157 is hereby repealed. 90-236 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE CATTAIL BRANCH PUMPING STATION HOLDING POND WHEREAS, Richmond American, the developer of improvements to the Cattail Branch Pumping Station Holding Pond, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from First American Bank in the amount of $22,633.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $1,132.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a prope4y ex ;cu'~ ed instru;u~ nt conveying unto the town all such improvements and easements free of xn~, li ;nr' or ch.,xg .~s. 90-237 RESOLUTION - ACCEPTING PUBLIC IMPROVFME]~:TS. Rt LI~A~ (NG [~I~..E PERFORMANCE GUARANTEE AND APPROVING A NLkL ITL:N, kN 2E GUARAlX rI~E FOR PUBLIC IMPROVEMENTS AT LAWSON ROAD INDUSTRIAL PARK WHEREAS, Bernard M. Carlton, the developer of Lawson Road Industrial Park, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from the National Bank of Northern Virginia in the amount of $12,800.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $3,200.00 is approved, and shall be in effect for a period of one year from this date. Minutes of September 12, 1990 SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mrs, Forester, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. ~ 90-238 RESOLUTION - ACCEPTING THE REQUEST FOR WITHDRAWAL WITHOUT PREJUDICE OF REZONING APPLICATION #ZM-99 LEESBURG SOUTH BY WASHINGTON-VIRGINIA TRADITIONAL DEVELOPMENT SITES, INC. WHEREAS, Washington-Virginia Traditional Development Sites, Inc. applied for rezoning of 337.4 acres located south of the Route 7/15 Bypass, east of South King Street, north of Masons Lane and west of Evergreen Mills Road from R-l, Residential to PRC, Planned Residential Community zoning district; and WHEREAS, the Town Council received and referred this application to the Planning Commission on February 10, 1988; and V~-IEREAS, the Planning Commission held a public hearing on April 21, 1988 and subsequently r~commended conditional approval on May 19, 1988; and WHEREAS, the Town Council held a public hearing on July 13, 1988 to consider this application; and WHE~, on September 7, 1988 rezoning application #ZM-99 was deferred at the applicant's request; and WHEREAS, on September 21, 1989, the applicant was notified of Town Council's desire to re- activate this rezoning application; and WHEREAS, there were many outstanding issues regarding the application's failure to comply with Town Plan transportation and land use policies; and WHEREAS, no revisions to the application were received following the Town Council public hearing in 1988; and WHEREAS, on September 5, 1990 the Town Council Planning and Zoning Committee recommended denial of rezoning application #ZM-99; and WHEREAS, on September 7, 1990, Mr. Peter Kalaris on behalf of Washington-Virginia Traditional Development Sites, Inc. requested that this application be withdrawn without prejudice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The request to withdraw without prejudice rezoning application #ZM-99 Leesburg South by Peter Kalaris on behalf of Washington-Virginia Traditional Development Sites, Inc., is hereby approved. SECTION H. Per Section 13A-7 of t2. Le Leesburg Zoning Ordinance, rezoning application #ZM- 99 is withdrawn without prejudice. Therefore, the twelve (12) month time limitation for the filing of a new rezoning petition for this property shall not apply. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mrs. Forester, se :or ied by M '. Clem the fo.~!ov ing resolution was proposed and unanimously adopted. 90-239 - RESOLUTION - APPOINTING CITIZENS TO SERVE ON AN AD HOC COMMITTEE TO ADVISE THE COUNCIL ON DOWNTOWN PARKING AND OTHER ISSUES ASSOCIATED WITH THE CONSTRUCTION OF THE PARKING STRUCTURE AND MUNICIPAL BUILDING WHEREAS, this Council on July 25, 1990, established an ad hoc advisory committee on downtown parking and other issues; and WHE~, vacancies on the committee were advertised and letters of interest referred to the Council for consideration; 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 Minutes of September 12, 1990 during construction of the new town office and parking structure: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The following are hereby appointed to serve on this committee until its expiration: Harvey Berger Alton Echols, Jr. Charles O~off Fred Hetzel E. Joseph Kelley Norman Myers Tom O'Rourke Fabian Saeidi Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin Item 10 (o) Mrs. Forester moved that this item be referred to the Planning and Zoning Committee of September 19, 1990 for further discussion and consideration. Mrs. Forester said that she has had an opportunity to speak with some of the citizens and believes that there is some misunderstanding about what is being done. She would like the opportunity to meet with the residents of Carrvale and Mr. Huff to discuss what the proposal is. The Council should also discuss or go on record supporting a policy of accepting money in lieu of recreational facilities. There is a possible loss of other amenities at this park because of this proposal and the Council should take a good look at the special exception as it was approved, the final development plat as it was approved by the Planning Commission. There is opposition to this in the neighborhood. Some people were misinformed and did not understand in terms of the location of the court and the need for the court. Mrs. Forester wished to go on record supporting Ida Lee Park and the recreational facilities at Ida Lee. Council should decide who has access to the park, the availability of the park, the availability for children of other neighborhoods to get to the park. It is not easily accessible from a lot of neighborhoods. Aye: Councilmembers Bange, Forester, Kimball and Mayor Sevila. Nay: Councilmembers Clem and Webb Absent: Councilmember Lovin On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 90-240 RESOLUTION TO SET A PUBLIC HEARING TO CONSIDER #ZM-123 AN AMENDMENT OF THE LEESBURG ZONING ORDINANCE AND THE ZONING DISTRICT MAP TO EXPAND THE OLD AND HISTORIC (H-l) DISTRICT WHEREAS, the property owner of the Rock Spring residence has requested that Rock Spring be placed in the Old and Historic (H-l) District; and WHEREAS, Rock Spring is one of the few remaining farms in the Town of Leesburg and it includes a historic residence dating from the 1750's; and WHEREAS, Rock Spring is associated with a prominent citizen, Henry Tazewell Harrison who lived at Rock Spring from 1897 to his death in 1920; and WHEREAS, the Planning Commission and Board of Architectural Review have recommended inclusion of this property in the Old and Historic District; and WHEREAS, the expansion of the Old and ~{istoric District would contribute to the public welfare of the Town and would further the pur~os.~ a ~d intent of the Historic District regulations and the goals of the Town Plan: THEREFORE, RESOLVED bf t.~e Sot nci. o: ~e T, wn ~,f Leesburg in Virginia as follows: A notice of public hearing to ~on~id~r an ~mcndme~,t of Se Leesburg Zoning Ordinance and Zoning District Map to include the following properties: 311 (the meadow) and 329 (residence) Loudoun Street, S.W. and 380 Rock Spring Drive, #ZM-123, shall be published in the Loudoun Times- Mirror on September 20, 1990 and September 27, 1990 for a public hearing on Wednesday, October 10, 1990 at 7:30 p.m. in the Loudoun County School Board Annex, located at 102 North Street, N.W. in Leesburg. Mr. Kimball commented by stating that it was time that the Council consider, as a body of the town, what we are doing in the area of the adoption and extension of the old and historic district. It is time that we take a look at this on a broader scope and not piece meal these neighborhoods and be at the disposal of the land and recommendations. We need to have a broader view of what we expect to do in the perceivable future. 0 Minutes of September 12, 1990 Mayor Sevila agreed. It would be a good time to discuss these issues when the proposed Westgreen inclusion comes up at the committee meeting. Mr. DiZerega has contacted the Mayor about this and wants the house and adjoining residential property in the historic district. A copy of this resolution should be sent to Mr. DiZerega and someone from the Planning Department should answer his questions about the appropriateness of adding the entire property into the historic district. Mrs. Bange noted that Mr. DiZerega, his two sisters and Mrs. Cook jointly own the meadow and the three of them, excluding Mr. DiZerega, have written a letter stating that they do not want the meadow included. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila. Nay: None Absent: Councilmember Lovin EXECUTIVE SESSION Mrs. Forester made the following motion: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, 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), 2.1-344(7) and 2.1-344(3), respectively, of the 1950 Code of Virginia, as amended. The purposes of this Executive Session are to discuss the following'. 1. Consultation with legal counsel regardin~ the Circuit Court's Edward's Landing Boundary Line Adjustment Order actual litigation styled as Mike's Madness, LP vs. Town of Leesburg, et. al. actual litigation styled as Georgelas & Sons, Inc., vs. Town of Leesburg et. al. 2. Legal disposition of the former Phillips Nickels Well site. 3. An evaluation process for the Town Manager. The Town Manager, Town Attorney, Deputy Town Attorney, Director of Utilities and Director of Engineering and Public Works are requested to remain for the meeting. The motion was seconded by Ms. Bange. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila. Nay: None Absent: Councilmember Lovin Mrs. Forester made the following motion: I move that the Executive Session be adjourned, that the Town Council of the Town of Leesburg reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. The motion was seconded by Mr. Webb. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila. Nay: None Ab~nt: Councilmember Lovin On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 90-241 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 12, 1990 ¥ ~I] ',Pdt, AS, the Town Council of the Town of Leesburg has this day convened in Executive ~e,-sion ii. a( ~.o: dance '~*:h ~n af~.rmative recorded vote of the Town Council of the Town of Leesburg m,l i~ ac :or iai ce wit] the pr~vi~ions of the Virginia Freedom of Information Act: N )¥.', '. HERE~CR~.', BE IT I~3OLVED that the Town Council of the Town of Leesburg does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information ACt were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Town Council of the Town of Leesburg. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila. Nay: None Absent: Councilmember Lovin On motion of Mr. Webb, seconded by Mr. Clem, Council voted unanimously to employ Deputy Town Attorney Deborah C. Welsh of Stock, Harris and Welsh, P.C., in association with counsel appointed by the town insurance carrier, to represent the Town in litigation styled as Mike's Madness, Minutes of September 12, 1990 LP vs. Town of Leesburg, et. al. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila. Nay: None Absent: Councilmember Lovin On motion of Mr. Clem, seconded by Ms. Bange, Council voted unanimously to employ Deputy Town Attorney Deborah. C. Welsh of Stock, Harris and Welsh, P.C., in association with counsel appointed by the town in~surance carrier, to represent the Town in litigation styled as Georgelas & Sons, Inc., vs. Town of Leesburg, et. al. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila. Nay: None Absent: Councilmember Lovin On motion of Mr. Clem, seconded by Ms. Bange, the meeting was adjourned. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila. Nay: None Absent: Councilmember Lovin Robert E. Sevila, Mayor Town of Leesburg Barbara Markland, Deputy Town Clerk