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HomeMy Public PortalAbout1990_11_14MINUTES OF THE REG~ MEETING OF THE LEESBURG TOWN COUNCIL NOVEMBER 14, 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 November 14, 1990 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Councilman Kimball and the Salute to the Flag led by Councilman 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: Acting Town Manager Steven C. Brown, Director of Finance Paul E. York, Director of Planning, Zoning and Development Katherine Imhoff, Director of Engineering and Public Works Thomas A. Mason, Public Information Officer Susan Farmer, Deputy Town Attorney Deborah Welsh and Clerk of Council Dorothy B. Rosen. On motion of Mr. Webb, seconded by Mr. Kimball, the regular meeting minutes of September 12, 1990, September 26, 1990, October 10, 1990 and the special meeting minutes of October 17, 1990 were approved as written. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin PETITIONERS Mr. Alton Echols, of 101 King Street, addressed the Council with regard to proposed legislation 10(o). This is a continuation of 23 acres from office/commercial to residential. We are doing what should have already been done. These 3.55 acres were inadvertently omitted from the approved proffer amendment. We are asking if this could be scheduled along with the joint public hearing, that has been scheduled, on another matter. Staff has been very helpful in this matter. Ms. Imhoff stated that this is somewhat similar to the previously proffered amendment. Mayor Sevila proposed that when item 10(o) comes up on the agenda, Council can address the issue of scheduling the public hearing. We need to adopt some policy relating to joint public hearings. Our staff needs some direction from the Council on how to react to these requests by applicants for a joint public hearing. Everyone would like a joint public hearing because it has the ability to cut as much as 30 days review time out. The issue is will the review process suffer by cutting out a public hearing before the Planning Commission. Will the public suffer by having been denied an opportunity to present their views to both the Planning Commission and the Council. On the other hand, there are occasions when a request like this has merit and should be approved unless there are excitant circumstances that would dictate two public hearings are in order. This is something that can be scheduled at a future Planning and Zoning Committee meeting. Mrs. Forester stated that this was discussed at the last Planning and Zoning Committee meeting. It was the consensus of the committee and those members of Council who were also present that the joint public hearing process should only be used in emergency, legal or otherwise cases. Because we felt that it was short circuiting the process and not allowing the full process and full public input. The Mayor asked for written recommendation from the Committee and from Council to staff. Mr. Alton Echols, addressed the Council representing the Leesburg shopping center that houses the Country Butcher, Baers, etc. This piece of property has a ~mt was erected in 1981. The sign permit was signed by Mr. Robert Forbes and the proceduz'e a:, .:.c time was to go through the BAR. At that time the ordinance read that you could have a 100 foot sign. That is what size the First Choice sign is. When this sign permit was filled out it was shown as a 40 foot sign. In 1986 there was a revision to the sign ordinance that changed the square footage of a sign, in the historic district~ from 100 feet to 40 feet. Under any normal circumstances that sign would have been grandfathered. I, as an owner, had no way of knowing that there was a permit in the files that said 40 foot and that a later zoning administrator would interpret that to mean that it was an illegal sign at the time it was grandfathered, therefore, it is not grandfathered. In 1988 there was some controversy raised by Mr. Peter Packard, who does not like signs and wanted the sign down. At that time Mr. Minor and Mr. Conlin ruled that the sign was legal. Why not suspend all prosecutions for signs until the sign ordinance has been amended. We are all working for the town to make it better but we need the Council's help. You need to give us decent signage and don't prosecute us at the first problem. Give us some consideration. Miss Krista Jones, a resident of Anne Street, addressed the Council. She attends Loudoun County High School and is a freshman there. She asked that the sidewalk be installed along Dry Mill Road. It is really challenging walking to school. We have to walk in ditches, mud, dirt~ grass, etc., or we could walk in the road and chance getting hit by a car. Miss Christy Hearn, a resident of Anne Street, addressed the Council with regard to the sidewslk along Dry Mill Road. She requested that the sidewalk be installed. Mr. Derek Cain, a resident of 806 Anne Street and a sophomore at the high school, addressed the Council in support of the sidewalk along Dry Mill Road. Minutes of November 14, 1990 Mr. Thomas Parr, a resident of Anne Street and a sophomore at the high school, addressed the Council in support of the sidewalk along Dry Mill Road. Mr. Paul Dreher, a resident of 703 Evard Court, addressed the Council. Since he has moved into this neighborhood, four and a half years ago, there have been 3 subdivisions completed and a lot of resales of older homes along Dry Mill Road. Most of the people moving in have children. Most parents are fearful of their children wslidug in the street. At 3:30 p.m., school buses are passing each other on a 20 foot-wide road while teenagers are walking home on the side of the road. He asked the Council to grant the request for the installation of the sidewalk along Dry Mill Road for the safety of all the pedestrians and drivers using this road. Mr. Chris Dreher, a resident of 703 Evard Court, addressed the Council in support of the sidewalk along Dry Mill Road. Mr. A1 Bartos, a resident of 704 Evard Court, addressed the Council with regard to the sidewalk along Dry Mill Road. My wife petitioned the area and received between 75 and 85 signatures with only one refusal. Everyone knows that it is a problem. We have one blind individual that walks along Dry Mill Road each day. It has been long enough and the sidewalk is needed. Mr. William A. Wither, a resident of 708 Donaldson Lane, president of the Catoctin View Homeowners Association, addressed the Council in support of the Dry Mill Road sidewalk. This is a very sensitive issue and the issue is safety. I am concerned that someone will be killed if something is not done very soon. Ms. Victoria Currie, a resident of 706 Donaldson Lane, addressed the Council. She has a daughter who attends the high school. We have over 20 children that live just on our street. Please consider building the sidewalk it is very important. Mr. Earl Smith, a resident of 402 Beauregard Drive, addressed the Council. The residents of Beauregard Estates are in agreement with the plan, however, we have some photographs that show not only the 100-year storm but also the 500-year storm that went through our area in June. We feel that it would be in the best interest of the town if the town's engineer would address the constant erosion problems that we have. We hope that the Council will see that the drainage problems are resolved prior to final paving of the road. Mr. Jay Mulford, a resident 704 Donaldson Lane, addressed the Council in support of the sidewalk on Dry Mill Road. Mr. Dan Christy, a resident of 407 Beauregard Estates, addressed the Council commending the town on the job it has done on taking the project over and resolving the problems. There are significant drainage problems that are linked to earlier storms. Ms. Georgette Sobel, 7 Wirt Street, addressed the Council expressing her concerns about the current economy and the state of affairs of Leesburg and the general Washington area. All the properties for sale or lease in the Town of Leesburg gives her a very dim and gloomy feeling. Ms. Sobel represents the building at 7 Wirt Street, where the DMV at one time occupied the lower level. That building is now 40 percent unoccupied. It is difficult to rent that space because of the unavailable parking - people don't want to come downtown anymore. Signage is another problem. A building is only allowed one sign. Until we can ~t the people to come back to this town we need to have some help from the Council and some ur ~rstanding about not putting such clamps on signage. It is important for us all to work togethe~ o try and build up this town to what it has been in the past. Mr. Christopher Harvey, a resident of 814 Wage Drive, addressed the Council stating that he is the blind man, that someone spoke about earlier, that travels Dry Mill Road every day. I enjoy my exercise plus it is also a necessary mode of transportation for me to be able to walk into work and have independence of when I go to work and when I return from work. That is why we moved to Leesburg, to get within walking distance of our branch office. With regard to the sidewalk on Dry Mill Road, I find it highly unusual that we have a county high school and the county seat and do not have pedestrian access. Another point that has already been made are the families that live in this area. We would like to walk into town and shop. On two occasions I have been sideswiped by the sideview mirrors of automobiles on Dry Mill Road. My dog is only trained for outdoor travel - to travel on either sidewalks or country travel which is on the immediate shoulder of a road. I have to travel on the same side of the road that the school is on because on the south side of Dry Mill there are places that have no shoulders - not even an inch. The road is very dangerous. I have no choice and cannot stray off the road. We need a safer way to travel this road as pedestrians. Ultimately, the question is not if someone is hurt, injured, or killed - the question is when someone dies on Dry Mill Road. I don't want that to be me, my dog, my son or wife or any of the neighbors. We hope that you will try to give this as much priority as you can. Mr. Dewey Hill, addressed the Council in support of the sidewalk on Dry Mill Road. Mr. Mark Higi/ins, addressed the Council in support of the sidewalk on Dry Mill Road. Mayor Sevila wished to commend all the speakers especially the students who appeared and spoke before the Town Council. The Council has heard your message loud and clear. We have the Minutes of November 14, 1990 responsibility of balancing our budget and moving some items from one fiscal year to another. The Dry Mill Road project wound up on the schedule of things that could be moved - no action has been taken and we will be considering it as item 10(d) tonight. Mr. Kimball asked if and when the staff first approached the County about a cooperative effort to install this sidewalk. Mr. Mason explained that the town has talked with the county about acquiring an easement from the school board but no discussion has taken place about any County contribution to the sidewalk improvements. PUBLIC HEARING - to consider the vacation of boundary lines in Section 4A Lots I and 2, Phase 2B Lots 6B and 7 and Phase 1 Lots 8, 9B and 9C~ Gateway Subdivision Mr. Brown explained that this is a required public hearing for a boundary line vacation in the Gateway Subdivision. The applicant is requesting two lots be created out of seven to allow the construction of structures on a single lot in accordance with the Zoning Ordinance. The public hearing was closed. This item was moved to the Council level for consideration. COUNCILMEMBER COMMENTS Mr. Webb wished to commend everyone who spoke this evening particularly the young people. Somehow we need to come up with the funds to install the sidewalk. It is definitely needed. I have to agree with Mr. Echols and Ms. Sobel with regard to the sign ordinance. It is definitely in need of a review. There is a lot of misunderstanding and until we come up with a final decision we should hold off on any legal action against anyone who may have a sign not officially approved. Mr. Clem supports Mr. Webb's comments with regard to the signage and the sidewalk along Dry Mill Road. The fire company had an opportunity to do a pre-plan study of the new town office building and I would like to commend the staff and contractor. I would like to commend the Acting Town Manager for the Activity Report. I wish to thank Mr. Mason and his department for the meeting at the firehouse, last night, for the citizens that live on Loudoun Street. It looked to be a very successful meeting. Mr. Kimball wished to echo the sentiments of Mr. Webb and Mr. Clem with regard to Mr. Echol's situation. We should hold all citations until such time that we receive a comprehensive review of the sign ordinance. I would like to remind everyone that the United Way Campaign is still underway. Finally, I would like to wish everyone a happy Thanksgiving. Mrs. Forester thanked the citizens this evening for their input. I would support anything we can to get the sidewalks in as quickly as we can. I would like to thank the citizens in Beauregard fo~- the ~..~otographs. I have driven back there when the weather is wet but not during a rainstorm. That is a real eye opener. I would also like to commend Mr. Mason for getting the Loudoun Street improvements project going. This is a project that those citizens have waited years and years for. I attended on Saturday, along with Mr. Lovin, the Council Listening Session. There were no visitors. Ms. Bange also wished to commend the citizens who take an interest in our town. I am certainly in agreement with my colleagues with regard to the issues at hand. I would support the sidewalk on Dry Mill Road. I would like to commend the staff on the work that is being done. I see a lot of boxes being packed and moved. The tour of the parks was ~ncelled due to inclement weather. The tour will take place at a later date. Ida Lee Park is moving along and is now making available to the citizens of the town garden spots for rent. MANAGER'S REPORT Mr. Brown reported that the Mayor and Council did receive a copy of the written Activity Report on Monday. He congratulated the Engineering and Public Works Department especially Tom Mason, Barry Thompson and I.i~. Farnham we received a Certificate of Occupancy yesterday. We appreciate the citizen's patience during this time because of the limited amount of service we are Minutes of November 14, 1990 able to provide. The Leesburg Renaissance program "Friday Nite's Alive" is planned for this Friday evening. I urge everyone to come out and enjoy the special activities. Mayor Sevila wished to commend Mr. Brown on a smooth takeover during the past few weeks. You have done a very good job and I know it has been a challenge. MAYOR'S REPORT Mayor Sevila said that he met with Jewel Emswiler and Chuck Bos, today, regarding the County's Board and Planning Commission moving forward with their consideration of the General Plan Update. Part of that is the town's proposed Urban Limit Line (ULL). There are considerable discrepancies between the County's proposed ULL for the Town of Leesburg and the one that we, as a Council, have adopted. I had the opportunity to show them that there was some very sound planning logic behind the proposed ULL that we have adopted by way of resolution. It was a very worthwhile meeting. Mayor Sevila read the following proclamation: PROCLAMATION AMERICAN EDUCATION WEEK November 12 - 16, 1990 WHEREAS, the quality of public education in Loudoun County affects not only the growth and potential of individual children, but also the health and viability of the County as a whole; and WHEREAS, Leesburg citizens can be justifiably proud of the academic accomplishments of Leesburg students as compared with their peers throughout the State and Nation; and WHEREAS, strong and informed community support of Loudoun's schools is necessary to continue to provide Leesburg's children with the very best education: NOW, THEREFORE BE IT RESOLVED that the Council of the Town of Leesburg proclaims that the week of November 12 through November 16, 1990, which is American Education Week throughout the Nation, be so designated as a time for all citizens to reaffirm their commitment to public education in Leesburg by visiting their local schools to gain first hand knowledge of the programs which are helping to shape the futures of our youth, our Town and our Nation, and by contributing their time and their talents to help make Loudoun County Public Schools even better. Mr. Brown, with regard to the June 30, 1990 Comprehensive Annual Financial Report~ explained that once again Director of Finance Paul York has come up with an outstanding Comprehensive Annual Financial Reporl~ which I am confident will win another award for the Town of Leesburg. Mr. York addressed the Council stating that the report has been audited by the town's public accounting firm of Deloitte & Touche. The General Fund last fisca~ ~ear a total revenue of $8.7 million which is an increase of approximately $985,000.00 above the :'evious year which is a 12.8 percent increase. The bulk of the increase came in the form of proper~y rexes both real estate and personal property, as well as, other local taxes that the town collects. These property taxes make up about one-third of the total revenues that the town takes in. This figure has steadily increased in previous years. The General Fund incurred expenditures last year of $9.8 million which is an increase of 30 percent. Our expenditures increased almost $2.3 million, last year over the previous years. The difference is primarily made up from the fund balance carried over from the previous fiscal year. Our expenditures exceeded our revenues last year by over $1 million. Our fund balance beginning last fiscal year was almost $1.3 million and our ending fund balance of this past year is about $250,000.00 which is a very significant decline in the available money at the end of the previous fiscal year. A certain ~rnount of this can be contributed to the local economic climate that we are faced with as well as most other localities in this region. We have also incurred substantial expenditures in our capital project funds from previous years. We had an increase in staff in the planning and zoning department, police department, public works department and in debt service on bonds that we have borrowed for the past several years. As far as our Utility Fund operations are concerned, this is one of the first years that we have seen a decline in our revenues in the utility fund which decreased by $134,000.00 last year. This can be directly contributed to the local economy. Our availability fees have substantially decreased. Operating expenses have increased about $343,000.00 and we incurred a loss in our utility operation of $312,000.00. Minutes of November 14, 1990 The town's municipal airport, again for the last five or six years, has incurred a loss at the airport of about $116,000.00. We had essentially no revenue growth at all. The revenue taken in was almost the same figure as the year before, whereas, the operating expenses increased by $32,000.00. A large portion of the revenues received from the airport come from our fixed-base operator Janelle Aviation. This report is quite comprehensive and I would be glad to answer any questions. LEGISLATION On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed and unanimously adopted. 90-0-35 - ORDINANCE - VACATING TIlE PROPERTY BOUNDARY LINES SEPARATING SECTION 4A, LOTS 1 AND 2, PHASE 2B, LOTS 6B AND 7, PHASE 1, LOTS 8, 9B AND 9C OF THE GATEWAY SUBDMSION WHEREAS, A. C. Echols, Jr., and J. Lynn Cornwell, owners of Section 4A, Lots 1 and 2, Phase 2B, lots 6B and 7, Phase 1, lots 8, 9B and 9C of the Gateway Subdivision desire to consolidate the existing seven (7) lots to two (2) lots which will fadlitate the proposed multi-family projects approved for this area as shown on approved special exception application #SE-90-04 and approved rezoning application #ZM-122; and WHEREAS, prior to approval of a development plan for the multi-family projects for this area, the existing property boundaries must be vacated as shown on the plat of consolidation; and WHEREAS, on November 14, 1990, the Town Council held a public hearing on this property boundary line vacation; and WHEREAS, vacating these property boundary lines 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:. The property boundary lines separating Section 4A, lots 1 and 2, Phase 2B, lots 6 and 7, and Phase 1, lot 8 and the property boundary lines separating Phase 1, lots 9B and 9C of the Gateway Subdivision shown on the vacation plat prepared by Ken W. Erickson, dated October 24, 1990 and revised October 30, 1990, is hereby vacated contingent on recordation of the associated boundary line adjustment plat prepared by Ken W. Erickson, dated October 9, 1990 and approved by the Town on October 19, 1990. The Clerk of the Council shall file a certified copy of the ordinance with the Clerk of the Circuit Court of Loudoun County, Virginia, when the 30-day appeal period has elapsed. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin 10(b) AN ORDINANCE AMENDING SECTION 10-171 OF THE TOWN CODE TO PROVIDE FOR THE INSTAI,I,ATION OF A LEFT TURN LANE ON SOUTHBOUND KING STREET AT THE MARKET STREET INTERSECTION AND FOR POLICE VEHICLE PARKING ON WIRT STREET Mr. Brown explained that these changes will implement the Ad Hoc Parking Committee's recommendation for a left turn lane on southbound King Street at the Market Street intersection. This would mean the removal of four meters on the north side of King Street to allow for weaving at this intersection. The parking committee felt that the loss of these parking spaces are lost to a good cause - to provide for additional circulation and increase the level of service at the intersection from DtoC. Mayor Sevila recalled when the town previously removed two metered parking places to make room for a right turn at thi.~ intersection the merchants had a fit over the loss of two spaces. Mr. Brown stated that the parking committee felt that the circulation problem was a bigger problem then parking. Mayor Sevila asked if the possibility of a "NO LEFT TURN" signal during peak hours at this intersection had been explored. Mr. Mason explained that a careful study of the downtown traffic patterns was performed and believes that this would create a worse problem then what already exists. Mr. Webb suggested 'tabling this matter until the parking garage is complete or at least until the Christmas shopping period is over. Mayor Sevila stated that he was leaning that way. Mr. Brown stated that the proposed legislation will also change the loading zone on Wirt Street to the south side of Market Street to continue to provide unloading of the pre-schoolers and the Methodist church, and to provide for the parking of police vehicles on Wirt Street next to the new town office building. On motion of Ms. Bange, seconded by Mr. Webb, this matter was referred back to the Administration and Public Works Committee for further consideration. Mr. Webb raised concerns with the elimination of the Sunday church parking on Wirt Street Minutes of November 14, 1990 because of the police vehicles now being parked on Wirt Street. Mr. Brown stated that the police officers win be instructed to park their police vehicles elsewhere on Sundays. Mr. Webb also suggested that the police department remain at the Fort Evans Road substation and renting out the third floor of the new town o~ce. Aye: Councflmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mr. Clem, seconded by Ms. Bange, the following ordinance and resolutions were proposed as consent items and unanimously adopted. 90-279 - RESOLUTION - AUTHORIZING A CONTRACT WITH IMME SERVICES AND A&S CI.RANING SERVICES TO PROVIDE THE TOWN WITH JANITORIAL SERVICES WHEREAS, bids were solicited to provide janitorial services for the Town of Leesbur~, and WI-~, on October 26, 1990, seven janitorial contracting firms responded to the Request for Bids; and WHEREAS, the bid received from IMME Services was the lowest responsive bid received for janitorial services for the new town municipal office building and Ida Lee Park Recreation Center and offices; and WI-IE~, the bid received from A&S Cleaning Service was the lowest responsive bid received for janitorial services for the Automated Flight Service Station at Leesburg Municipal Airport: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The acting town manager shall enter into a contract with IMME Services for janitorial services at the municipal office building at a monthly cost of $2,371.00 and the Ida Lee Park Recreation Center and offices at a monthly cost of $3,785.00. SECTION II. The manager shall enter into a contract with A&S Cleaning Service for janitorial services at the Automated Flight Service Station at Leesburg Municipal Airport at a monthly cost of $1,600.00. SECTION III. Both contracts will include by reference the applicable terms and conditions specified in the bid document for janitorial services dated October 12, 1990. 90-280 - RESOLUTION - RELINQUISHING INTEREST IN NORTHERN VIRGINIA CRIMINAL JUSTICE ACADEMY INADVERTENTLY GRANTED TO THE TOWN WHEREAS, Thomas L. Shaw, Director of the Northern Virginia Criminal Justice Academy, in his October 3, 1990, correspondence to Mayor Robert E. Sevila, stated that the Academy is preparing to sen a portion of its property; and WHEREAS, to accomplish the sale all of the property owners must agree; and WHE1LgAS, the 1987 Deed li~- ~ the Town of Leesburg as one of the owners; and WHEREAS, the town did nc.t participate at all in the original purchase yet was erroneously listed as an owner in the Deed together with other political jurisdictions; and WHEREAS, to correct the error and to allow the sale to proceed, the town must relinquish its interest in the property: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor is hereby authorized to execute a deed relinquishing and releasing any interest the town may have in property currently owned by several jurisdictions as identified in the Deed attached to Thomas L. Shaw's letter of October 3, 1990, to Mayor Robert E. Sevila subject to prior approval of the Deed by the town's legal staff. 90-281 - RESOLUTION - AUTHORIZING THE SAI,E OF SURPLUS PROPERTY WHEREAS, several pieces of surplus property have outlived their usefulness to the town; and WI-IE~, the property must be disposed of at an advertised public auction; and WI-I~, November 28, 1990 is a date which accommodates required advertisements and the auctioneer's schedule. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Minutes of November 14, 1990 SECTION I. The manager is authorized and directed to sell by public auction at noon on November 28, 1990 the following surplus property: Interior and exterior doors Shutters Air conditioning equipment Light fixtures Flagpole Interior partitions Fire alarm system Water fountain Desks Chairs Bookshelves Blackboard File cabinets Storage cabinets Computer tables Wall decorations Typing stands Tables Wall cabinets Base cabinets Counter top Water heater SECTION H. The manager shall publish appropriate notices of the items available in the November 16 issue of the Leesburg Today and the November 21 issue of the Loudoun Times Mirror. 90-282 - RESOLUTION - AUTHORIZING A JOINT PUBLIC HEARING OF THE TOWN COUNCIL AND PLANNING COMMISSION FOR REZONING APPLICATION #ZM-109 EDWARDS LANDING BY PINNACLE DEVELOPMENT CORPORATION, UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A notice of a joint public hearing with the Planning Commission and the Town Council to consider rezoning application #ZM-109 Edwards Landing shall be published in the Loudoun Times-Mirror on November 28, 1990 and December 5, 1990 for the joint public hearing on December 12, 1990 pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held in the Loudoun County School Board Annex meeting room, 102 North Street, N.W., Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to consider the rezoning application and shall advise the Planning Commission of the purpose, time, and date of the hearing. SECTION H. The Planning Commission shall report its recommendation to the Town Council on December 12, 1990, following the close of the hearing, thereby allowing the Town Council to formally consider the rezoning of the property. 90-283 - RESOLUTION - AUTHORIZING A PUBLIC I-IE.A/,~ : OF THE TOWN COUNCIL FOR REZONING APPLICATION #ZM-117 LINDE} ~:~LL BY LINHAB DEVELOPMENT CORPORATION, UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of a public hearing with the Town Council to consider rezoning application #ZM-117 Linden Hill shall be published in the Loudoun Times-Mirror on November 28, 1990 and December 5, 1990 for the public hearing on December 12, 1990 pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held in the Loudoun County School Board Annex meeting room, 102 North Street, N.W., Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to consider the rezoning application. 90-284 - RESOLUTION - INITIATING AMENDMENTS TO THE LEE~qBURG ZONING ORDINANCE REGARDING THE MEASUREMENT OF LOT WIDTH WHEREAS, The Planning and Zoning Committee on September 19, 1990 directed staff to propose an amendment to the lot width provisions of Section 7A-4(7) of the Leesburg Zoning Ordinance; and WHEREAS, the proposed revision recognizes an alternative measurement of lot width applicable to subdivisions and individual lots that exceed the district's minimum lot size by 30 percent; and WHEREAS, the proposed revision win only apply to residential districts within the R-l, R-2, and R-4 zones; and Minutes of November 14, 1990 WHEREAS, these amendments win further promote the public health, safety and welfare, and will facilitate the creation of a convenient, attractive and harmonious community: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 7A-4(7) of the Leesburg Zoning Ordinance to delete the current text in its entirety and replace as shown below, is hereby received and referred to the Planning Commission for a public hearing and recommendation under Chapter 11, Title 15.1-431 of the Code of Virginia, as amended. 7A-4(7) 7A-4(7) Measurement of Lot Width. Unless the following (a) or (b) applies, minimum lot width shall be measured parallel to the front lot line at a distance equal to the applicable front yard. No po~on of the lot located between the front and rear yard setbacks shall be less than the minimum lot width required for the zoning district. Pipestem Lots. For pipestem lots approved by the town, the minimum lot width shall be measured at the minimum front yard line approved on the final plat. b_. Oversized Lots. For lots which meet the following criteria: In the R-l, R-2, and R-4 zoning districts only where individual lots exceed the minimum lot size for the district by at least 30 percent; or Any lot in a R-l, R-2, and R-4 subdivision where the average lot size (excluding common open space) exceeds the district minimum size by at least 30 percent. The minimum lot width required by the zoning district shall be measured parallel to the front lot line. The minimum lot width may be satisfied at any distance from the front lot line only, provided the minimum front yard depth is equal to or exceeds the district's minimum requirement. The lot length/width ratio shall not be permitted to exceed 3:1. SECTION II. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment pursuant to Chapter 11, Title 15.1-431 of the Code of Virginia, as amended. 90-285 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF TEDENCE, INC., FOR A TOWN PLAN :klVIENDMENT AND REVISION OF THE ZONING DISTRICT MAP TO THE PL' ~2qlNG COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLi :5.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning Application #ZM-128 by Tedence, Inc., to allow a rezoning from R-6 to PEC for property at the northwest corner of South King Street and First Street, S.W., and the associated application for a town Plan amendment by Tedence, Inc., are hereby received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the 1950 Code of Virginia, as amended. SECTION II. For all public hearings pertaining to this application, staff is hereby directed to notify all owners of property in the R-6 zoning district in which the subject property is situated. 90-286 - RESOLUTION - RECEIVING, REFERRING TO THE PLANNING COMMISSION, AND AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION #SE-90-06 FOR A VEHICLE SALES OFFICE AT 211 CATOCTIN CrRCLE, S.E. RESOLVED, by the Council of the town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-90~06 by Carillon Limited Partnership for a vehicle sales office at 211 Catoctin Circle, S.E., is hereby received and referred to the Planning Commission for a recommendation to be provided to the Council not later than December 20, 1990. SECTION Il. A notice of public hearing to consider special exception application #SE-90-06 by Carillon Limited Partnership shall be published in the Loudoun Times-Mirror on December 26, 1990 Minutes of November 14, 1990 and January 2, 1991 for public hearing on Tuesday, January 8, 1991 or Wednesday, January 9, 1991, depending on Town Council meeting schedule, at 7:30 p.m., in the Loudoun County School Board Annex located at 102 North Street, N.W., Leesburg, Virginia. 90-287 RESOLUTION - RECEIVING AND REFERRING A PLAN AMENDMENT FOR A COMPREHENSIVE SIGN PACKAGE SUBMITTED BY RICHMOND AMERICAN HOMES (EXETER PLANNED RESIDENTIAL NEIGHBORHOOD) TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 - 431 OF THE 1950 CODE OF VIRGINIA~ AS AMENDED RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: Plan amendment application #ZM-126 by Richmond American (Exeter Planned Residential Neighborhood) for a comprehensive sign packA~, is hereby received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. 90-288 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT CARDINAL INDUSTRIAL PARK LOT 13 WHEREAS, Herson-Cohn Enterprises, the developer of Cardinal Industrial Park Lot 13, 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 $68,706.00 is released, and a now surety in a form approved by the town attorney for a maintenance guarantee in the amount of $3,435.00 is approved, and shall be in effect for a period of one year from this date. SECTION H. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 90-289 - RESOLUTION - AUTHORIZING A CONTRACT FOR UNIFORM RENTAL SERVICES WHEREAS, a Request for Sealed Bids was issued by the Department of Engineering and Public Works to provide uniform service for the town's Public Works and Utility Department's personnel; and WHEREAS, our current uniform rental contract will expire December 31, 1990; and WHEREAS, Valley Textile Services was the sole bidder with a base bid price of $7.40 per employee; and bidder; savings WHEREAS, Valley Textile Services has been determined to be a responsible and responsive and WHE~, the bid price was slightly below our current suppliers price resulting in a small for FY91. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Textile years. The acting town manager is authorized to execute a contract on behalf of the town with Valley Services for uniform rental services at a base price of $7.40 per employee for a term of three 90-290 - RESOLUTION - CANCELLING THE PLANNING AND ZONING COMMITTEE MEETING AND THE ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETING OF DECEMBER 19, 1990, CANCELLING THE COUNCIL MEETING OF DECEMBER 26, 1990 AND AUTHORIZING THE CLOSING OF THE MUNICIPAL GOVERNMENT CENTER ON DECEMBER 24, 1990 WHEREAS, the Council's Planning and Zoning Committee and Administration and Public Works Committee are scheduled to meet on December 19, 1990; and WHEREAS, a regular Town Council meeting is scheduled for December 26, 1990; and WHEREAS, these meetings will interfere with the observation and celebration of the Christmas holidays; and WHEREAS, Monday, December 24, 1990 is Christmas Eve; and WHEREAS, the Personnel Manual requires town employees to work one-half day on Christmas Eve; and Minutes of November 14, 1990 WHEREAS, it is the Council's desire to dose the municipal government center for the full day on Christmas Eve. THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. The Planning and Zoning Committee meetin~ and the Administration and Public Works Committee meeting of December 19, 1990, and the Town Council meeting of December 26, 1990 are cancelled. SECTION II. Monday, December 24, 1990, shall be granted as a full day holiday for town employees. 90-291 - JOINT RESOLUTION OF LOUDOUN COUNTY IN VIRGINIA AND THE TOWN OF LEESBURG IN VIRGINIA ADOPTING A BOUNDARY LINE ADJUSTMENT AGREEMENT AND AUTHORIZING PUBLICATION OF A REVISED CORPOHATE BOUNDARY FOR THE TOWN OF LEESBURG, VIRGINIA WHE~, Section 15.1-1031.1 et.seq, of the Code of Virginia (1950), as amended, authorizes Virginia counties and towns to change the boundary lines existing between them by agreement in accord with specified statutory procedures contained therein; and WHEREAS, the owner of the tract of land known as the Edwards Landing property desires to bring the entire tract within the limits of the Town of Leesburg in order that the Edwards Landing development proposal (ZM-109) be considered under the regulations of the Town; and WHEREAS, the Joint Policy Committee of the Board and Council have reviewed the proposed development and have determined that it is appropriate to bring the entire tract within the Town limits for the purpose of considering the Edwards Landing development proposal and has recommended that the Annexation Area Development Policies be modified accordingly; and WHEREAS, the Council and Board concur that the existing boundary line existing between them should be changed in accordance with the terms contained within the Boundary Line Adjustment Agreement set forth in Attachment 1 to this Joint Resolution. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Loudoun County, Virginia and the Town of Leesburg, Virginia as follows: SECTION I. The Boundary Line Adjustment Agreement is hereby approved. The Mayor is authorized to execute said agreement on behalf of the Council and the Chairman of the Board of Supervisors is authorized to execute said Agreement on behalf of the Board. SECTION II. A description of the revised boundary line between the Town and County as generally depicted on Attachment 2 to this Joint Resolution shall be published at least once a week for two consecutive weeks in the Loudoun Times-Mirror and the cost for said publication shall be paid by the Town of Leesburg pursuant to Section 15.1-1031.2 of the Code of Virginia (1950), as amended. SECTION HI. Publication of a revised corporate boundary for the Town of Leesburg in Virginia is hereby authorized. 90-292 - JOINT RESOLUTION OF LOUDOUN COUNTY IN VIRGINIA AND THE TOWN OF LEESBURG IN VIRGINIA MODIFYING THE ANNEXATION AREA DEVELOPMENT PO~C~S WHEREAS, the Board of supervisors of Loudoun County, Virginia (the "Board"), and the Town Council of the Town of Leesburg, Virginia (the "Council"), have agreed to consider development proposals in accordance with the policies, standards and guidelines set forth in the Annexation Area Development Policies which are a part of the Annexation Agreement and Order of Annexation entered on October 11, 1983; and WHEREAS, the owner of the tract of land known as the Edwards Landing property desires to bring the entire tract within the town limits in order that the Edwards Landing development proposal (ZM-109) be considered under the regulations of the Town; and WHEREAS, the Joint Policy Committee of the Board and Council have reviewed the proposed development and have determined that it is appropriate to bring the entire tract within the Town limits for the purpose of considering the Edwards Landing development proposal as set forth in Section I herein; and WHEREAS, the Joint Policy Committee has recommended that the Annexation Area Development Policies be modified to incorporate the changes set forth herein. WHEREAS, the Council and the Board agree that modifications recommended by the Joint Policy Committee are appropriate in light of the landowner's expressed willingness to protect and preserve the environmentally significant lands on the Edwards Landing property by dedication of these lands to the Town of Leesburg to be maintained as open space with a public park site for passive Minutes of November 14, 1990 recreation and by the dedication of an open space easement on these lands to the Board of Supervisors which will include provisions further ensuring that the above-referenced changes are realized. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Loudoun County, Virginia and the Town of Leesburg, Virginia as follows: SECTION I. The Annexation Area Development Policies ar amended to incorporate the following changes: Thc total 32 acres, more or less, incorporated herein into the To~n from the County shall be limited to a density of a maximum of four large lots and a portion of 12 lots as generally shown on the Concept Development Plan prepared by Patton, Harris, Rust and Associates, dated April, 1990, (hereinafter "Concept Development Plan"). Approximately 31.63 acres, including a I00-foot buffer strip between the proposed pump station and the county boundary along the southeast property line, shall be dedicated to the Town of Leesburg, Virginia on or before the 31st day after approval by the town of ZM- 109 to Zoning District PRN, as proffered. Said areas shall be maintained as open space as a public park site for passive recreation. Development of said area shall be coordinated with the Northern Virginia Regional Park Authority for the location and installation of the Potomac Heritage Trail. The said 32 acres, more or less, and the 100 foot buffer strip shall not be further subdivided, except as set forth on the Concept Development Plan. The owner and/or developer of the property shall design and construct all on-site stormwater management facilities in accordance with the town of Leesburg Design and Construction Standards Manual, the Virgi.nia Erosion and Sediment Control Handbook and the "Runoff Controls" section of the Virginia Urban Best Management Practices Handbook and as deteamined by the Director of Engineering for the Town. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin Minutes of November 14, 1990 On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed and adopted. 90-0-36 - ORDINANCE - AMENDING SECTION 10-150 OF THE TOWN CODE TO AUTHORIZE THE ISSUANCE OF A'NOTICE OF VIOLATION TO UNAUTHORIZED VEHICLES PARKED IN A PRIVATE LOT WHEREAS, the town's Ad Hoc Parking Committee recommended that the town assist local businesses by enforcing parking regulations on private lots; and ov/ners private WHEREAS, Section 46.2-1231 of the 1950 Code of Virginia, as amended, specifically authorizes of private lots to request that police issue parking citations to owners of vehicles parked in lots without authorization. THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows: Section I. Section 10-150 of the Town Code is hereby amended to read as follows: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) On a sidewalk; In front of a public or private driveway; Within an intersection; Within 15 feet of a fire hydrant; On a crosswalk; Within 20 feet of a crosswalk at an intersection; Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway; Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by the official signs or markings; Within 50 feet of the nearest rail of a railroad grade crossing; Within a parking space reserved by appropriate sign for the handicapped on public property or at privately owned shopping centers and business offices, unless such vehicle displays the official handicapped motorist license plate or card; Within 20 feet of the driveway entrance to any fire or rescue station and on the side of a street opposite the entrance to any fire or rescue station or within 75 feet of the entrance when properly sign posted; Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic; On the roadway side of any vehicle parked at the edge of curb of a street; Upon any bridge or other elevated structure upon a street or highway, or within a tunnel; At any place where official signs prohibit parking;, Alongside any section or portion of a curb which is painted yellow; Across or on any line or marking painted on the street by the town to designate a vehicular parking space. In a private parking lot without authorization of the lot owner. Section II. All prior ordinances and resolutions in conflict herewith are repealed. Mr. Webb expressed some concern with what this legislation will lead to. Will the police now have to control all private parking lots. Mayor Sevila stated that this was not designed to create additional burden on the police. It gives the police an opportunity to respond to complaints from the owners of private lots that there are unauthorized vehicles parked on that lot. Without that complaint and assistance of the owner, the police are not going to intervene. Mr. Kimball stated that he was fearful that the town was setting up a potential for confrontation between citizens and private lot owners. Mr. Kimball opposed this at committee level and will continue to oppose it. Mayor Sevila stated that this legislation should be adopted. This simply authorizes the police to issue citations not to create any kind of confrontation between citizens and lot owners. Aye: Councilmembers Bange, Clem, Forester and Mayor Sevila Nay: Councilmembers Kimball and Webb Absent: Lovin On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 90-293 - RESOLUTION - AUTHORIZING THE AMENDMENT OF THE GENERAL FUND BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1991 Minutes of November 14, 1990 and WHEREAS, the town recently concluded operations for the first quarter of fiscal year 1991; WHEREAS, an evaluation of the town's financial performance has been made in a memorandum to Council dated October 15, 1990, for the conclusion of the fiscal year and a copy of which is attached and made a part of this resolution; and WHE~, due to the present economic climate facing Leesburg today as well as a continuance of this economic condition into the future, it is recommended that the General Fund budget be Amended to eliminate the projects and amounts identified in Schedule 3, Proposed General Fund 1991 Budget Adjustments of the attached memorandum; and WHEREAS, if in the event Leesburg's economy should recover from its present condition and additional funds become available during the course of this fiscal year, the projects identified for elimination from the budget will be re-evaluated and funding restored: THEREFORE, RESOLVED by the Council of the Town of Leesburg i,n Virginia as follows: SECTION I. The budget for the General Fund is hereby amended to provide for the elimination of the items in the amounts identified on the attached Schedule 3 of the quarterly budget update report. SECTION Il. In the event additional funds should become available through the course of this fiscal year which could be used to fund item 19 of the attached li~ this project win be re-evaluated for eligible funding for construction during this fiscal year. Mr. Brown summarized the proposed legislation. Mrs. Forester stated that she was distressed over having to consider delaying the sidewalk on Dry Mill Road. She questioned whether or not some of the material being cut will affect the staffs ability to go forward with the Town Plan Update that is required. Mr. Brown stated that we are having to make an awful lot of hard choices. We do not intend to reduce the quality of our Town Plan as a result of some budget item cuts. Mr. Clem stated that the sidewalk project on Dry Mill Road is badly needed and hopefully the Loudoun Street project bid will come in lower than proposed and perhaps any excess funds can be used to satisfy the Dry Mill Road issue. With regard to the equipment needed by the Planning Department to be used for the Town Plan Update, if we ask the County they will let us use their equipment. They have some of the finest mapping equipment money can buy. Mr. Webb concurred with Mr. Clem and asked Mr. Brown and Mr. York to see if there was any way of coming up with the funds to complete the Dry Mill Road sidewalk project. It is badly needed. Ms. Bange would also like to see the Dry Mill Road sidewalk project done. Mr. Kimball stated that he was an early and firm supporter of the Dry Mill Road sidewalk project, however, we cannot lose sight of the Country Club Drive situation. There have been entirely too many accidents in recent years. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mr. Clem, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 90-294 - RESOLUTION - REQUESTING AI.I.OCATION OF FUEL TAX REVENUES BY THE LOUDOUN COUNTY TRANSPORTATION DISTRICT COMMISSION TO FUND GENERAL TRANSPORTATION SYSTEM IMPROVEMENTS IN' THE TOWN OF LEESBURG WHERFAS, the Loudoun County Transportation District Commission is collecting a 2 percent local tax on gasoline sold within Loudoun County including Leesburg; and WHEREAS, the town is currently funding a large part of the cost of the Phase I Route 15 Bypass Widening Project with funds provided by the Loudoun County Transportation District Commission (LCTDC) and approved by the Loudoun County Board of Supervisors; and WHEREAS, the Loudoun County Board of Supervisors has requested information from the town concerning the Phase II Route 15 Bypass Widening Project for preparation of the FY92 budget for the LCTDC; and WHEREAS, the installation of a traffic signal at the intersection of East Market Street Minutes of November 14, 1990 (Business Route 7) and the southbound exit ramp of the Route 15 Bypass and construction of a left ' turn lane for northbound South King Street (Route 15) at Country Club Drive will improve regional as well as local traffic flow, and are included in the town's current Capital Improvements Program. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg respectfully requests that the Loudoun County Board of Supervisors along with the Loudoun County Transportation District Commission include an appropriate allocation of funds in the FY92 budget and future budgets to assist the town with construction of Phase ri of the Route 15 Bypass widening. SECTION ri. The town also requests that funds for the construction of a traffic signal at the intersection of East Market Street and the southbound exit ramp of the Route 15 Bypass and a left turn lane for northbound South King Street at Country Club Drive be allocated from unappropriated FY91 LCTDC funds or included in the FY92 budget or future budgets. SECTION III. The acting town manager is directed to provide the appropriate legislation documentation, schedule, cost estimates and other information needed by the LCTDC. Mr. Brown reviewed the proposed legislation with the Council. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mr. Clem, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 90-295 - RESOLUTION - AUTHORIZING A LEASE WITH LEESBURG RENAISSANCE FOR OFFICE SPACE IN TIlE MUNICIPAL GOVERNMENT CENTER WHEREAS, Leesburg's municipal government center is expected to be ready for occupancy by November 16, 1990; and WHEREAS, limited office space is available for occupancy by a compatible organization; and WHEREAS, Leesburg Renaissance is an organization that works to enhance economic development within the Town of Leesburg; and WHEREAS, Leesburg Renaissance requires a professional office for its executive director to conduct business for the benefit of the Town of Leesbur~. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The acting town manager is authorized and directed to prepare a lease of an approximate 200 square-foot office for use by the Leesburg Renaissance Executive Director with no rent. The term of the lease shall be twelve months with unilateral cancellation by either party with thirty days notice. Term of said lease shall be reviewed and approved by the town attorney. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mr. Webb, seconded by Mr. Kimball, the following resolution was proposed and unanimously adopted. 90-296 - RESOLUTION - APPROVING PUBLICATION OF AN ADVERTISEMENT FOR THE TOWN MANAGER POSITION WHEREAS, Council Resolution No. 90-278 directed the acting town manager to prepare an advertisement for the approval of Council for the position of town manager to appear in the International City Management Association newsletter and any other appropriate publication; and WHEREAS, a draft of the advertisement was presented to the Administration and Public Works Committee of Council at its regular meeting on November 8, 1990; and WHEREAS, the following advertisement includes the committee's amendments: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following advertisement for town manager is hereby approved. ' Leesbur~, VA (18,300) Town Manager. Salary negotiable D.O.Q.; current salary $79,753. Five managers since ICMA recognized in 1962. $22M budget; 157 full-time employees; $60M five-year Capital Improvements Program including new municipal government complex and recreation facility. Mayor elected for two- Minutes of November 14, 1990 year term and six councilmembers elected for four-year staggered terms. Requires MPA/related degree, plus signit~i~nt successful executive experience in fldl service local government. Send resume to Office of the Mayor, Town of Leesburg, P.O. Box 88, Leesburg, VA 22075, by 1/28/91. EOE. SECTION II. Council authorizes and directs the acting town manager to order the publication of the advertisement in the International City Management Association newsletter and in the Virginia Municipal League's Virginia Town and City and League letter publications. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mr. Kimball, seconded by Ms. Bange, the following resolution was proposed and unanimously approved. 90-297 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR COMPLETION OF THE, PUBLIC IMPROVEMENTS IN BEAUREGARD ESTATES PHASE I WHEREAS, the Fort Beauregard Development Corporation was declared in default of its contract for installation of public improvements in Beauregard Estates Phase I; and % WHEREAS, a claim for payment to the town of the funds guaranteed by the letter of credit issued by Signet Bank/Maryland was made on September 25, 1990, and a payment of $206,991.84, which is the full amount of the letter of credit~ was received on October 5, 1990 by Deputy Town Attorney Deborah Welsh; and WHEREAS, the $206,991.84 is currently held in an escrow account; and WHEREAS, Signet Bank/Maryland purchased Beauregard Estates Phase I at the Trustee's sale held on September 27, 1990; and WHE~, the NP Corporation, a subsidiary of Signet Bank/Maryland is the legal owner of Beauregard Estates Phase I and has provided a new contract for installation of the public improvements and a new letter of credit in the amount of $206,991.84 from Signet Bank/Maryland; and WHEREAS, the NP Corporation, by letter dated November 5, 1990, has provided a schedule to complete the all bonded improvements within six months and complete road repairs, interim paving and other critical improvements before the end of December 1990. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The acting town manager shall execute the contract for public improvements with modifications as outlined in letter from the NP Corporation dated November 5, 1990, in a form approved by the Town Attorney for completion of the improvements shown on the plans approved by the Director of Engineering and Public Works for Beauregard Estates Phase I. SECTION II. The irrevocable bank letter of credit in a form approved by the town attorney from Signet BAnk/Maryland in the amount of $206,991.84 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Beauregard Estates Phase I. SECTION HI. All improvements shall be completed before May 5, 1991 except for the paving work identified in the November 5, 1990 letter which must be completed before December 20, 1990. SECTION IV. Bank/Maryland when improvements and the The $206,991.84 in cash currently held in escrow shall be released to Signet the Deputy Town Attorney has approved the new contract for public new letter of credit and all documents are executed and in effect. Mayor Sevila asked Mr. Mason if the issues of major stormwater management and soil erosion are going to be solved by any of the matters subject to the public improvements contract. Mr. Mason replied by saying that he hopes all of these problems will be solved. Mayor Sevila asked Mr. Mason to find out the status of the County's sediment and erosion control bond and report back to the Council. Mayor Sevila asked the residents who are present if they feel the town has addressed their issues. A resident addressed the Council stating that the town has been very cooperative and Mr. Mason has been very helpful in resolving some of these problems. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mr. Webb, seconded by Mr. Kimball, the following resolution was proposed and unanimously adopted. 90-298 - RESOLUTION - AUTHORIZING A JOINT PUBLIC HEARING OF THE TOWN COUNCIL Minutes of November 14, 1990 AND PLANNING COMMISSION FOR REZONING PROFFER AMENDMENT APPLICATION #ZM-127 LEESBURG GATEWAY, LOT 1 BY A. C. ECHOLS, JR., AND J. LYNN CORNWELL, JR., UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA~ AS AMENDED RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A notice of a joint public hearing with the Planning Commission and the Town Council to consider rezoning proffer amendment and Application #ZM-127 Leesburg Gateway shall be published in the Loudoun Times-Mirror on November 28, 1990 and December 5, 1990 for the joint public hearing on December 12, 1990 pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m., or as soon thereafter as the matter may be reached, and shall be held in the Loudoun County School Board Annex meeting room, 102 North Street, N.W., Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to consider the rezoning application and shall advise the Planning Commission of the purpose, time and date of hearing. SECTION II. The Planning Commission shall report its recommendation to the Town Council within thirty days of the joint public hearing. Mayor Sevila stated that the issue that has been presented by Mr. Echols, as a petitioner tonight, is whether it should be scheduled for a joint public hearing on December 12, 1990 with the Planning Commission. Mayor Sevila said that he would like to see the town adopt a policy that we can follow in setting joint public hearings. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mr. Kimball, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 90-299 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LINDEN HILL PHASE I WHEREAS, LINHAB Development Company, the developer of Linden Hill Phase I, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved; and WHEREAS, additional road improvements were constructed along the west side of South King Street in lieu of the sidewalk shown at the entrance to Linden Hill on the approved construction drawings. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from Continental Federal Savings Bank in the amount of $200,448.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $10,022.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. The additional road improvements constructed along the west side of South King Street are accepted in lieu of the sidewalk at the entrance to Linden Hill on South King Street. SECTION 1/I. 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. Ms. Bange asked why there was no sidewalk along the front of King Street. If we do not have sidewalks there now we will have the same problem there as we have on Dry Mill Road. This is a dangerous area for children to walk to get on a school bus. Mr. Webb noted that at the time this plan was approved this project was to be an adult community only. Mr. Mason stated that the road improvement was needed more than a sidewalk. Ms. Imhoff explained that the Greenway development will provide pathways to allow pedestrian passage. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin NEW BUSINESS On motion of Mr. Clem, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 90-0-37 - ORDINANCE - AMENDING SECTION 2-20 OF THE TOWN CODE REGARDING THE TIME AND PLACE OF REGULAR COUNCIL MEETINGS Minutes of November 14, 1990 WHEREAS, since June 1, 1990 the Leesburg Town Council has held their council meetings in the Loudoun County School Board meeting room in order to prepare for the construction of the town's municipal government center; and WHEREAS, in order to accommodate the School Board's schedule, the Council was required to change the meeting days from the second and fourth Tuesday of each month to the second and fourth Wednesday of each month; and WHEREAS, completion of the Council CbAmbers in the new municipal government center is expected in time for the first council meeting in January; and WHEREAS, this Council desires to change the meeting days back to the second and fourth Tuesday of each month. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 2-20 of the Town Code, Time and Place of Regular Meetings, is hereby amended to read as follows: Section 2-20. Time and Place of Regular Meeting~ The Council shall meet in formal session at 7:30 p.m., on the second and fourth Tuesday in each month in the Council Chambers, 25 West Market Street E.i..~^10~..~i !~'~4~. ~.t !9--° .X!C~h Etr~t or at such time and place as the council has determined from time to time. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in full force and effect on January 1, 1991. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin Item 11(b) Mr. Webb stated that a conflict would exist with the Cable Commission if the date is changed to Tuesday. further change On motion of Mrs. Forester, and duly seconded, this item was referred back to committee for consideration. Mr. Webb will bring this issue up with the Cable Commission to perhaps their meeting day. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of Mrs. Forester, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 90-0-38 - ORDINANCE - AMENDING SECTION 13-19 OF THE TOWN CODE REGARDING THE MEETING PLACE FOR THE PLANNING COMMISSION WHEREAS, this Council desires to change the meeting place of the Planning Commission and its committees. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. as follows: Section 13-19 of the Town Code, Meeting Places, is hereby amended to read Section 13-19. Meeting Place. The commission and its committees shall meet regularly in the Town Council Chambers at 25 West Market Street Sch~-~z! ~.~r~_ .~ccfng P~cm ~.t !~2 .x!c.~ S*_~cct but may meet elsewhere from time to time if required in the course of business. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION Ill. This ordinance shall be in full force and effect on January 1, 1991. Aye: Councilmembers Bange, Clem, Forester, Kimban, Webb and Mayor Sevila Nay: None Absent: Lovin Ms. Bange made a motion to adopt the following resolution. WHEREAS, the businesses of the Town of Leesburg are dealing with a depressed economy and need all the help they can get; and Minutes of November 14, 1990 WHEREAS, the sign ordinance of the Town of Leesburg is under review as being in need of change. BE IT RESOLVED that the Town of Leesburg put on hold any legal action pertaining to any existing signs until the sign ordinance is reviewed and changed as adopted. The motion was seconded by Mr. Webb. Mrs. Forester suggested sending this item to committee for discussion. Mayor Sevila stated that we have begun the sign review process with a view toward recognizing that certain limitations or restraints of the sign ordinance that have not been comprehensively reviewed in a long time may oppose certain disadvantages on certain businesses. I don't like the idea of Council intervening in the enforcement activities of our town staff once that enforcement has begun particularly where there is an adequate remedy provided under both the state and the town code for appeal by any party who feels aggrieved by that enforcement procedure. I would be reluctant to do that without carefully considering it at the committee level and weighing the alternatives. Mrs. Forester stated that she is not opposing what Ms. Bange is saying but that she would like more information before making a decision. On motion of Mr. Webb, seconded by Mr. Clem, the meeting was adjourned. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin Robert E. Sevila, Mayor Town of Leesburg Clerk of Council