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HomeMy Public PortalAbout1991_03_12TOWN COUNCIL MEETING MINUTES OF MARCH 12, 1991 A regular meeting of the Leesburg Town Council was held on March 12, 1991, at 7:30 p.m., in the lower level meeting room, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Donald A. Kimball SALUTE TO THE FLAG was led by Councilmember James E. Clem ROLL CALL Councilmembers present Georgia W. Bange James E. Clem Christine M. Forester Donald A. Kimball Claxton E. Lovin William F. Webb Mayor Robert E. Sevila Staff members present Acting Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Planner Peter Stephenson Planner Kristie LaLire Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Dorothy B. Rosen APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded Ms. Bange, the regular meeting minutes of December 12, 1990, were approved as written. VOTE Ayet Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None PETITIONERS Mr. C. P. Ong, a principal of the Dulles Jeep, Eagle, Subaru Dealership located at 107 Catoctin Circle, addressed the Council. Mr. Ong submitted a petition to the Council which seeks approval to place a commercial trailer on the property to provide necessary space for wholesale car transactions, as a temporary structure on the property. Mr. Ong's statement is attached and made a part of the official record. Mayor Sevila asked Mr. Ong if he has submitted a site plan or conceptual drawing that would show the present layout of the property and where the temporary trailer would be located. Mr. Ong stated not at this time but it would be forthcoming. Mayor Sevila asked Mr. J. M. Sonies, counsel to the applicant, if he has been in touch with the town's planning department. Mr. Sonies stated that he has been in contact with Zoning Administrator Scott Johnson. Mayor Sevila asked that Mr. Brown contact Scott Johnson and advise Mr. Sonies as to what would be necessary to make application to the town for the temporary use. Mr. Sonies should be advised, under the present regulations, of what the limitations and/or restrictions might be. Minutes of March 12, 1991 Mr. Brown stated that this request was made through Scott Johnson. Mr. Johnson advised Mr. Sonies that a temporary trailer would require certain approvals. The trailer was installed without approval from the town. Staff is willing to work with Mr. Sonies to correct the situation. Mayor Sevila advised Mr. Sonies to contact Mr. Johnson immediately and that Mr. Johnson would also address the question of a zoning violation. Mr. Sonies stated that a fair amount of consideration has been given to creation of a permanent structure, as characterized in the zoning ordinance. The problem we have encountered is that the land on which the facility is presently situated is very difficult to work with. This is the old town landfill. Because the soil is believed to be unstable some rather exotic construction would be required. It is because of the engineering difficulties and the resulting cost that the temporary structure was installed. Mayor Sevila stated that he understands but in order for the Council to properly consider the request a completed application has to be filed with the town. Mr. C. Terry Titus, a resident of 805 Wage Drive, addressed the Council. He stated that the Loudoun County Planning Commission has spent many months working on the General Plan. One of the issues that has recently come before the County Planning Commission and has been discussed very thoroughly was the area surrounding the Town of Leesburg, the Urban Limit Line and the land uses between the corporate limit line. After these discussions, we believe that the Council should take a closer look at what the County is proposing. Mr. Weiss and myself have prepared a map that shows what the county is proposing. We are requesting that the Council take a look at the maps. Mr. Titus then discussed each of the maps. Mayor Sevila stated that he asked Mr. Weiss and Mr. Titus to prepare these maps and illustrations for the Town Council in hopes that the Council would be able to refer the current status of the County's General Plan to the Town Council's Planning and Zoning Committee meeting so that the Council could then develop a policy with respect to the greenbelt issues. And to perhaps be in a position by the proposed April public hearing dates to present a position on behalf of the town by way of comment to the County Planning Commission. PUBLIC HEARING to consider #ZM-126 Exeter PRN Plan amendment/sign package Mr. Brown, addressed the Council. He stated that this item has been discussed on numerous occasions. The recent concern deals with the possible demolition/relocation of the monument sign. The applicant has submitted modified proffers that resolves the issue and provides for the homeowners association to take of the relocation of the sign. The applicant is present to answer any questions. Mr. Charles Shumate, representing the applicant, addressed the Council. The modification includes proffers to address the sign package. The 9 conditions carry forward all of the conditions previously outlined in the proposed resolution. We wanted to make sure that there was a clear setting of responsibilities as to who, between the Town and/or the homeowners, should bear the cost of maintenance, relocation or demolition of the sign. We also wanted to maintain some flexibility in the document so that what will then be a settled community will have an opportunity to deal with what will take place in some 15 plus years. Mr. Shumate then read number 5 in the proposed legislation. The homeowners association will have an annual budget of about $300,000.00. We plan to put this demolition and/or relocation item in as a line item in the budget to make sure the money is there. Mr. Kimball asked Mr. Shumate how prospective homeowners become aware of this requirement. Mr. Shumate stated that it will be an amendment to the homeowners document. Mr. Ken Berg, representing the applicant, further addressed Mr. Kimball's question by stating that when a prospective buyer comes in and wants to review documents, we will provide the buyer with them at that time. We customarily provide these documents at the contract time which is well in advance of any settlement. There was no public comment. The Mayor closed the public hearing. COUNCILMEMBER COMMENTS Mr. Webb stated that he attended last Thursday's Planning Commission meeting where some of the members requested a joint meeting with the Council. Minutes of March 12, 1991 He and Mr. Lovin were present at Saturday's Listening Session where only one citizen was present. Mr. Rick Carl a resident of South Street. Mr. Lovin and Mr. Webb went to Mr. Carl's house and noted some concerns on Royal and South Streets. Mayor Sevila stated that he too received a lengthy letter regarding the situations on Royal and South Streets. He stated that a report should be prepared by Mr. Brown and forwarded to the Council of what the situation is. Perhaps there are County and State agencies that should also be involved. Mr. Brown stated that the other authorities have been alerted and are working on the situation now. Town crews have also been sent in to clean up. Mr. Lovin encouraged members of Council to drive up Royal Street and South Street to view the properties in question. He stated that he would miss not seeing Ms. Rosen as frequently after her retirement in June. He wished to congratulate Ms. Rosen for her 28 years of outstanding service. He recognized Mr. Brown and Susan Farmer for the awards that the town won from the City Hall Public Information Awards and Merit. One was the Tourism Brochure and the other is the Municipal Services Brochure. Dedication of the new municipal government center is scheduled for this Friday. Mr. Clem stated that he and Mr. Brown attended the Tai Kwon Do Championship on Saturday held at the high school. It was a rich and rewarding experience. The town received a plaque and in turn presented Master Choi with a Certificate of Appreciation. Mr. Kimball wished to acknowledge Mr. Tolbert in the audience. He thanked Mr. Brown for hanging the Tai Kwon Do sign. It was hung in a prominent place giving them added recognition. Mr. Kimball wished Ms. Rosen well. Mrs. Forester echoed Mr. Lovin's comments with regard to the municipal government center dedication. She wished Ms. Rosen well. The Loudoun Community Orchestra will have their inaugural performance Saturday night at Loudoun County High School. The admission is free. Ms. Bange stated that she had an opportunity to represent the Council and read a letter from the Mayor to Brian Mallick who has become an Eagle Scout. This is quite an achievement for a young man. She attended the Parks and Recreation Commission meeting where a budget workshop was held and went very well. She encouraged everyone to visit Ida Lee Park. She wished Ms. Rosen well. Mr. Brown noted that the Council did receive a copy of the written Activity Report. He thanked Master Choi for coordinating the event in Leesburg and Tom Galloway with Leesburg Renaissance. He encouraged the public to attend the dedication of the town's municipal government center at 3:00 p.m., on Friday. MAYOR'S REPORT Mayor Sevila joined his fellow councilmembers in congratulating Ms. Rosen on her retirement. He has enjoyed a long and rewarding relationship with Ms. Rosen. Minutes of March 12, 1991 He commended Barry Thompson for helping a Shenandoah University class vacate the town's lower level when it flooded on Saturday. Mr. Thompson also found other suitable quarters within the town office where class was resumed. LEGISLATION 10. (a) MOTION On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed and unanimously adopted. 91-0-12 ORDINANCE - AMENDING THE APPROVED EXETER PLANNED RESIDENTIAL NEIGHBORHOOD PLAN TO INCLUDE A COMPREHENSIVE SIGN PACKAGE -#ZM- 126 WHEREAS, the applicant has submitted a sign plan to amend the Exeter PRN plan, which is in accordance with the Town's sign regulations, Article 10 of the Zoning Ordinance; and WHEREAS, on November 19, 1990 and on January 10, 1991, the Board of Architectural Review and the Planning Commission, respectively, recommended approval of this sign plan; and WHEREAS, the approval of this sign plan is in the best interest and public necessity, convenience, general welfare and a good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The revised Exeter PRN plan submitted as part of rezoning application #ZM-87 for 274.8 acres of land, bounded by the Route 15 Bypass on the east, Route 15 Business on the west, Virginia Route 837 and Balls Bluff Road on the north, and the lands of Rev. Thomas J. Welsh, Walter Phillips, Loudoun County School Board and Hornet on the south, is hereby amended to include this sign plan consisting of five types of signs for a total package of twenty-three signs, subject to the following voluntary conditions proffered in writing by the property owner on March 6, 1991, in accordance with the provisions of Section 15.1-491(a) of the 1950 Code of Virginia as amended: The sign package includes: a) four monument signs, b) four marketing signs, c) seven ladder signs, d) five directional signs, and e) three amenity signs as shown on the drawings entitled Exeter Signage Master Plan dated October 31, 1990 and revisions made on January 7, 1991, which are attached hereto and incorporated herein as Exhibit "A", consisting of three (3) numbered pages. 2. The name of the development shall not be changed to Waverly. o The amenity and ladder signs shall not exceed six (6) feet in height with illustrations eliminated. A two-year limit for all the temporary signs, including the marketing signs, ladder signs, detail directional signs and amenity signs, which can be renewed annually and administratively by the Zoning Administrator. o The homeowners association documents shall be amended to require that the association shall bear the sole responsibility for and costs of maintaining as well as relocating and/or demolishing the monument signs proposed for construction within the Battlefield Parkway dedicated public right-of-way. Any relocation and/or demolition shall be in accordance with the rules and regulations of the Town of Leesburg in effect at the time of said relocation and/or demolition. The subject documents will provide for a homeowner's funding mechanism to cover the costs of the anticipated relocation and/or demolition. Any documents prepared pursuant to the provisions of this section shall be reviewed and approved by the Town Attorney before recordation. The placement of signs C, D and E shall be subject to review and approval by the Department of Engineering and Public Works prior to installation. Minutes of March 12, 1991 The construction details of the monument signs, including materials, shall be submitted to staff for review prior to obtaining a sign permit from the Town of Leesburg. All terms and conditions of the Exeter PRN submitted as part of rezoning application #ZM-87 shall remain in full force and effect except to the extent amended by the aforesaid language in paragraphs 1-7, inclusive. The Applicant represents that it has full authority to make these proffers and to execute this document, that these proffers are made voluntarily, and that they should be binding on all owners, heirs, successors or assigns. SECTION II. This ordinance shall be in effect upon its passage. VOTE Aye: Nay: 10. (b). (c). (d). (e), (g), (h), (i) MOTION Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed as consent items and unanimously adopted. 91-53 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF LEESBURG IN THE VDOT SIX-YEAR IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1991-92 THROUGH 1996-97 WHEREAS, the Virginia Department of Transportation (VDOT hereinafter) is revising the Six- Year Improvements Program for fiscal years 1991-92 through 1996-97; and WHEREAS, VDOT will be conducting a pre-allocation hearing on April 5, 1991, in Fairfax City to determine funding for urban system and primary system projects in the Northern Virginia construction district; and WHEREAS, it is necessary that a request, by Council resolution, be made before VDOT allocates funds in the Six-Year Improvements Program for urban system projects; and WHEREAS, the Plaza Street Extension Project. and the widening of Catoctin Circle from South Street to King Street are already in the VDOT Six-Year Plan; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. VDOT is requested to establish the following projects as part of its Six-Year Plan: Priority Project Description Plaza Street Extension from East Market to Sycolin Road at Rockuridge Drive, a distance of approximately 2700 feet. Widen Catoctin Circle from South Street west of South King Street to accommodate four travel lanes and a turning lane for a distance of approximately 3300 feet. 3 Catoctin Circle Extension from existing terminus north of East Market Street to Edwards Ferry Road, a distance of approximately 550 feet. SECTION II. The Town agrees to pay its share of the total costs for preliminary engineering, right-of-way and construction of these projects in accordance with Section 33.1-44 of the Code of Virginia, as amended and that, if the Council subsequently elects to stop or cancel any of the projects, the town hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date Minutes of March 12, 1991 VDOT is notified of such suspension or cancellation. SECTION III. VDOT is requested to establish as a primary system project for acquisition of right-of-way for the completion of the grade-separated interchange at the Route 7/Route 15 intersection on the east end of town for the following reasons: 1. Development within the required right-of-way is eminent. The current interchange is beyond capacity at peak hours and future traffic from local and regional growth continues to escalate traffic problems at this intersection. This project is included in the corridor study submitted by VDOT to the Town of Leesburg and approved by the Leesburg Town Council. Acquisition of this right-of-way prior to development of the property will save an estimated $8 million in tax payers' money. 91-54 -RESOLUTION - REQUESTING SUPPORT FROM THE LOUDOUN COUNTY BOARD OF SUPERVISORS TO INCLUDE THE COMPLETION OF THE ROUTE 7/15 BY- PASS INTERCHANGE IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION SIX-YEAR PLAN WHEREAS, there are no Virginia Department of Transportation (VDOT) primary system projects for roads located in Leesburg in the current six-year program; and WHEREAS, the town has attempted for the past three years to convince VDOT to add the completion of the Route 7/15 by-pass interchange to the VDOT six-year plan as a primary system project; and WHEREAS, VDOT has not yet included the much needed interchange as a primary system project for completion in the next six years; and WHEREAS, the Loudoun County Board of Supervisors will be developing its request for primary VDOT six-year funds shortly; and WHEREAS, the Loudoun County Board of Supervisors could either include the interchange as a requested project or endorse and support the town's request; and WHEREAS, the County Board's support and endorsement would greatly increase the likelihood that the interchange would be added to the six-year plan; and WHEREAS, completion of the interchange improvements would solve the substantial regional traffic problems associated with Route 7/15 by-pass interchange: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Loudoun County Board of Supervisors is hereby requested to include in its VDOT six-year plan the completion of the Route 7/15 by-pass interchange to improve regional traffic circulation in Leesburg and Loudoun County. 91-55 - RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CERTAIN STREETS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Virginia Department of Transportation is requested to accept into the Virginia Department of Highways arterial and secondary system .80 lane miles of Battlefield Parkway 4-lane addition; .50 lane miles of South Balls Bluff Road (32 feet width); .08 lane miles of South Balls Bluff Road (30 feet width); .16 lane miles of Musket Court; .14 lane miles of Cannon Court; .58 lane miles of Balls Bluff Road; .18 lane miles of James Rifle Court; .36 lane miles of Smartt's Lane; .20 lane miles of Featherstone Lane (cul-de-sac west); .26 lane miles of Featherstone Lane (cul-de-sac east); .12 lane miles of Barksdale Drive (dead-end west); .26 lane miles of Barksdale Drive (dead-end east); .16 lane miles of Jennifer Court; .18 lane miles of Duff Road; .18 lane miles of Campbell Court; .26 lane miles of Wildman Street; .60 lane Minutes of March 12, 1991 miles of Miller Drive; .48 lane miles of Trailview Boulevard; .64 lane miles of Heritage Way; .14 lane miles of Clymer Court; .06 lane miles of Wythe Court; .10 lane miles of Nelson Court; .10 lane miles of Forbes Court, as listed on the accompanying Form U-l, in accordance with the requirements of Section 33.1-41.1 of the 1950 Code of Virginia, as amended. 91-56 - RESOLUTION - AWARDING A CONSTRUCTION CONTRACT FOR THE WEST LOUDOUN STREET IMPROVEMENTS PROJECT WHEREAS, general obligation bonds were sold to finance the construction of street, sidewalk and storm drainage improvements along a portion of West Loudoun Street to fulfill a long standing capital improvement project; and WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding, of the Leesburg Purchasing Regulations for the construction of these improvements; and WHEREAS, at the request of the Leesburg Volunteer Fire Company, paving of the parking lot of the Leesburg Fire Station was included in the project as Bid Additive Item No. 2; and WHEREAS, the Leesburg Volunteer Fire Company has agreed to reimburse the town the cost of paving the fire station parking lot which has a bid at a price of $15,375.00; and WHEREAS, the bids were evaluated pursuant to the bid documents, Town Purchasing Regulations and the Virginia Public Procurement Act, and a recommendation of award has been made by the town's consulting engineer for the project; and WHEREAS, Buenos Aires Construction Company, Inc. is the lowest bidder and has been declared to be both responsible and responsive; and WHEREAS, sufficient funds have been appropriated to complete this project. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Acting Town Manager is authorized and directed to execute, on behalf of the Town, a lump sum contract with Buenos Aires Construction Co., Inc. for the Base Bid, and Bid Additive Items 1 and 2 for a total contract amount of $216,780.00. 91-57 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF HEALTH ESTABLISHING LOCAL REVIEW PROGRAM FOR WATER AND SEWER LINE EXTENSIONS WHEREAS, the Commonwealth of Virginia Waterworks Regulations [Section 3.14.01], requires that all waterline extensions serving more than 15 equivalent residential connections (6,000 gallons/day) must be submitted to the Virginia Department of Health for review and approval prior to construction, and the Commonwealth of Virginia Sewerage Regulations [Section 3.04.0261], require the Virginia Department of Health review and State Water Control Board approval for ail sanitary sewers serving more than 400 persons (40,000 gallons/day); and WHEREAS, the Commonwealth of Virginia Waterworks Regulations and Sewerage Regulations make provisions for the establishment of Local Standards and Review Programs for review and approval of water and sewer extensions; WHEREAS, the Water Master Plan, the Sewer Master Plan and the Design and Construction Standards Manual are prerequisite steps to obtaining local review authority from the Virginia Department of Health for water and sewer line extensions, and have been adopted by the Town Council; and WHEREAS, on January 24, 1991, the Department of Engineering and Public Works presented the Town of Leesburg Local Standards and Review Programs for water and sewer to the Virginia Department of Health which then requested the Town Manager sign a Memorandum of Understanding, further Virginia Department of Health recommended approval of the Local Standards and Review Programs for waterline extension; and WHEREAS, the Local Standards and Review Program does not add any additional items to plan submission requirements, will eliminate duplication of effort by the development community, and will also represent an important part of the Town of Leesburg's efforts to shorten the review time for land Minutes of March 12, 1991 development applications. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Acting Town Manager is hereby authorized to execute on behalf of the town the "Memorandum of Understanding" in a form approved by the Town Attorney from the Virginia Department of Health establishing the Local Standards and Review Program for Waterline Extensions in the Town of Leesburg. SECTION II. The Acting Town Manager is hereby authorized to implement the "Local Standards and Review Program for Sewerage" at such time as the Virginia Department of Health approves the program. SECTION III. Severability. If any pot"don of these amendments is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of amendments as a whole or any remaining provision of the Leesburg Subdivision and Land Development Regulations. 91-58 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE JEWELL BUILDING WHEREAS, the Sumner Leesburg Limited Partnership, the developer of the Jewell Building 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 Io The irrevocable letter of credit from Sovran Bank, N.A. in the amount of $60,000.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $3,000.00 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 properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 91-59 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR FOX CHASE SECTION I WHEREAS, the Pulte Home Corporation, the developer of Fox Chase Section I, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one-year time extension to complete the public improvements; and WHEREAS, the letter of credit from Sovran Bank, N.A., which guarantees the installation of public improvements in Fox Chase Section I, in the amount of $62,000.00 automatically renews for additional one-year periods; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $62,000.00 to guarantee installation of the remaining public improvements in Fox Chase Section I. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Renewal of the letter of credit from Sovran Bank, N.A. in the amount of $62,000.00 in a form approved by the Town Attorney and a time extension of one-year for the installation of public improvements are hereby approved for Fox Chase Section I. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 10. (f) Minutes of March 12, 1991 MOTION On motion of Mr. Kimball, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 91-60 - RESOLUTION - INITIATING AN AMENDMENT TO ARTICLE 18 OF THE LEESBURG ZONING ORDINANCE TO REVISE THE DEFINITION OF A BED AND BREAKFAST INN WHEREAS, in addition to the provision of food and lodging for guests, other ancillary services such as provision for small meetings, receptions, and similar social events for guests are often customarily incidental to a bed and breakfast inn; and WHEREAS, the present definition of a bed and breakfast inn, as set forth in Article 18 of the Leesburg Zoning Ordinance, clearly allows for the provision of food and lodging but does not clearly provide for the allowance of appropriate, related ancillary uses; and WHEREAS, it is desired that such related ancillary uses be allowed if authorized by the Town Council by Special Exception subject to conditions for a bed and breakfast inn, as appropriate on a case by case basis: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: The following amendment to Article 18 of the Leesburg Zoning Ordinance is hereby initiated and referred to the Planning Commission for public heating and recommendation under Chapter 11, Title 15.12 of the 1950 Code of Virginia, as amended: BED AND BREAKFAST INN A private residence, in which lodging and food are provided by the owner or operator for profit to one or more transient guests. Bed and breakfast inns shall not include more than eight guest rooms, and may provide rooms for meetings, seminars, receptions and similar social events if authorized by the Town Council by Special Exception subject to conditions. The owner or operator shall be a resident of the inn. DISCUSSION Mr. Lovin stated that the Norris House Inn and the Laurel Brigade Inn are currently operating under the current Zoning Ordinance definition of a bed and breakfast. Mr. Stephenson stated that the Zoning Ordinance prior to April 1990 did not have a definition for bed and breakfast, however, there are two inns within the historic district which have been operating and having additional events. This definition would not only clear up the situation with the Hillcrest application but apply to any future inns because the inns are now a special exception use. Mr. Webb asked if the operator of an inn would have to obtain a special exception to have a wedding reception or would it be automatic if this resolution is adopted. Mr. Stephenson explained, in the case of Hillcrest, if this resolution is adopted it would allow the Council to continue negotiating with the applicants to determine what in deed are appropriate uses. Mr. Stephenson stated that this will allow the Council to authorize the extra ancillary uses on a case by case basis as appropriate. The Norris House Inn is a much smaller inn and could not physically have the types of related uses as proposed at Hillcrest. On the other hand, the Norris House is in a commercially zoned district and Hillcrest is not. Mr. Lovin wished to make clear that the proposed resolution, if adopted, does not change the ordinance, it is only scheduling a public hearing before the Planning Commission. Mrs. Forester stated that she looks forward to the public hearings because this was a definition that the Planning Commission and staff worked on for a long time. It had many revisions as it went through the zoning ordinance process. Mayor Sevila questioned the current status of the BZA. Mr. Stephenson stated that the appeal to the BZA has been deferred. Minutes of March 12, 1991 voTE Aye: Nay: 11. New Business MOTION Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Ms. Bange, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 91-61 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM- 114 BY GEORGELAS & SONS, INC. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider rezoning application #ZM-114 by Georgelas & Sons, Inc. shall be published in the Loudoun Times-Mirror. The notice shall be published on April 10, 1991 and April 17, 1991 for public hearing on April 23, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street. S.W., Leesburg, Virginia. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None MOTION 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 convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344(a), Subsection (1) and (3), of the 1950 Code of Virginia, as amended. The purpose for this Executive Session is to discuss the acquisition of Dodona Manor and the employment of a consultant to assist with the town manager's selection process. J. Hamilton Lambert is requested to remain during the discussions of the town manager's selection process. The Acting Town Manager, Deputy Town Attorney, Director of Finance and the following representatives from the George C. Marshall Home Preservation Fund are to remain for the discussions of the acquisition of Dodona Manor. Those representatives are: B. Powell Harrison, Katherine A. Boyd, Ray Cheronis, Janet Frey, Edgar Hatrick, Joseph Keating, Diana Keesee, Esther Laver, Benjamin Lawrence, Fred Lininger, Leland Mahan, Dan Malone, Elizabeth Pendzich, Victoria Pope, George Roberson, Nestor Sanchez and John Tolbert. The motion was seconded by Mr. Kimball. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Ms. Georgia Caldwell, representing the Loudoun Times-Mirror, requested that the Council discuss the matter of Dodona Manor as part of the public process. Mayor Sevila stated that the issues that will come before the Council tonight are legitimately conducted under the parameters of the executive session ordinance. Mr. Chuck Thornton, General Manager of WAGE Radio, also echoed that the Dodona Manor discussion is of great interest to many individuals in this community because it directly impacts on the public's awareness campaigns, the campaigns for support as well as the tax dollars that are going into this. This discussion carries beyond the simple acquisition of property. The public should be involved in these discussions. Minutes of March 12, 1991 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 Ms. Bange. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Mayor Sevila asked Mr. Lambert to present to the public what the Council discussed, what the plan and outline of the procedure is and what the terms of employment would be. Mr. Lambert's statement is attached and made a part of the official record. Mayor Sevila stated that the Council will act favorably on a verbal motion, tonight, to authorize Mr. Lambert and Mr. Hirst to complete phase I in the terms as outlined in Mr. Lambert's letter. Mayor Sevila stated that this concluded the first part of the Executive Session. He asked that those persons named in the Dodona Manor portion of the Executive Session motion are to remain. MOTION On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 91-62 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF MARCH 12, 1991 WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does hereby certify that to the best of each member's knowledge, 1) only public business matters 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. VOTE Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of, and duly seconded, the meeting was adjourned. Clerk of Council ' Robert E. Sevila, Mayor