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HomeMy Public PortalAbout1991_07_09MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL JULY 9, 1991 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West Market Street, Leesburg, Virginia on July 9, 1991 at 7:30 p.m., Council having been in executive session from 7:00 p.m., prior thereto. The meeting was called to order by the Mayor, with the invocation given by Reverend Stanley Wherry and the Salute to the Flag led by Town Attorney George Martin. Present were: Mayor Robert E. Sevila, Councilmembers Georgia W. Bange, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin and William F. Webb. Councilmember James E. Clem was absent. Also present were: Town Manager Steven C. Brown, Director of Finance Paul E. York, Director of Engineering and Public Works Thomas A. Mason, Planners Peter Stephenson and Sally Vecchio, Public Information Officer Susan Farmer, Town Attorney George Martin and Clerk of Council Barbara Markland. On motion of Mr. Webb, seconded by Mr. Kimball, the special meeting minutes of April 16, 1991 were approved as written: Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Absent: Councilmember Clem PETITIONERS Mr. Terry Titus, a resident of 805 Wage Drive, S.W., Leesburg, addressed the Council with regard to the town's bond funds. He asked that these funds be allocated to projects in the old town that need work. He urged Council not to use the funds to improve the intersection of Route 15 and Country Club Drive. With regard to the removal of the parking on Market Street, Mr. Titus asked "what is so wrong with allowing the entrances as they currently are?" We have all maneuvered around traffic and cars in this town for a long time. Remove the parking and you will remove a part of old Leesburg. What is wrong with allowing some flexibility in the town's regulations? The town has always maintained that they are guidelines. It is important to allow the flexibility particularly in this area. Ms. Laura Hech, addressed the Council asking if the issue of parking on Market Street was on tonight's agenda. Mr. Brown informed Ms. Hech that this issue will be discussed at the July 16, 1991, Administration and Public Works Committee meeting. Mr. Brown also informed Ms. Hech of the July 13, special meeting of the Council in which Calvin Grow and Mr. Mason will demonstrate the line of sight when exiting onto Market Street from the parking garage. COUNCILMEMBER COMMENTS Mr. Webb referred to MultiVision's schedule of technical projects. He stated that several meetings were held with the cable company during the past month and this schedule is a result of the meetings. One of the concerns is the quality of service that customers are receiving. Mr. Webb wanted the Council to know about some of the problems the town is having with the cable company including financial problems. However, they have paid their quarterly franchise fee. Mr. Webb stated that he has toured the parking garage a few times this week and has encountered children on skateboards in the garage. Mr. Webb expressed concern for their safety and asked that Mr. Brown perhaps post signs. Mr. Brown stated that exterior signage is on the way. Mr. Lovin welcomed Reverend Wherry to the Council meeting. As Leesburg's representative on the Northern Virginia Planning District Commission, Mr. Lovin announced the newly elected officers. The new chairman is Robert B. Dix, Jr., of Vienna, Vice Chairman is Sharon Bulova on the Board of Supervisors for Fairfax County and Treasurer is Charles F. Robinson, Jr., an appointed member of Fairfax County. Mr. Kimball stated that he attended Ida Lee Pc. rk's Independence Day festivities held on July 6. There has been a lot of comment with regard to charging for admission to the par~. Council needs to look seriously at this next year and also consider holding these celebrations on the actual day of July 4th. Mrs. Forester stated that a few weeks ago, after a late Planning Commission meeting, when she went to start her car, in the parking garage, it would not start. Dr. Hatrick, who was in the garage at the time, helped her to start her car. She stated that the garage was so brightly lit that flashlights were not needed and at no time did she feel threatened, while waiting for someone to help her. Mrs. Forester wished thanked Dr. Hatrick for helping her. Mrs. Forester also attended the Ida Lee Park Independence Day celebrations. She wished to congratulate the town's parks and recreation staff. They worked diligently for long hours in the heat to help put on the craft fair and fire works. Susan Farmer was also there working as a volunteer. Mrs. Forester stated that she also heard the negative comments. This is something that the town has Minutes of July 9, 1991 to look at for next year and work closely with parks and recreation and the fire department to see what can be done. It is a great celebration and a great opportunity for everyone in town to get together and it certainly is a beautiful location. Mrs. Forester congratulated Randy and Vonnie Shoemaker on the birth of their son. Ms. Bange stated that the Parks and Recreation Advisory Commission will be evaluating the Independence Day celebration due to some of the comments. She wished to thank the fire department for inviting her to represent the Council in the absence of the Mayor and Vice Mayor. The Parks and Recreation Advisory Commission was present when the pool at Ida Lee received the 1991 Silver Medal Award for design. Ms. Bange reported on the ad hoc sign review committee. Chairman Rocca and the committee has been working diligently reviewing the new sign ordinance. We hope to have recommendations for the Council at the July 23, 1991 meeting. It has been a real honor to work with these people and to see the varied interests from this group. MAYOR'S REPORT Mayor Sevila read the following letter from the Sully Foundation Dear Mr. Sevila: Enclosed is a check for the sum of $100.00. This is a gift in memory of Mr. William Rust and is for the Ida Lee Park fund. Mr. Rust as you know is a member of the Board of Directors of the Sully Foundation. Please send a note to Mrs. Rust informing her of the gift. Signed by Margaret C. Peck Treasurer Mayor Sevila asked Mr. Brown to prepare an appropriate letter thanking both Mrs. Peck and acknowledging the gift to Mrs. Rust. Mayor Sevila stated that it would be appropriate to place the $100.00 in a capital fund for the park. MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written Activity Report. The Town received a check for $177,000.00 from VDOT for a payoff on a grant for a recreational access program. The town did bid out the next issue of the Lamplighter and it looks like it will be substantially less expensive then last years. Mr. Brown thanked Susan Farmer for her diligent effort to advertise for proposals. The county's public hearing on the General Plan is scheduled for Wednesday, July 10, 1991, 7:30 p.m., at the Simpson Middle School. Mr. Brown encouraged councilmember attendance at the public hearing. He noted the statement, prepared by Sally Vecchio, for presentation by the Mayor at the county public hearing. The statement reads as follows: STATEMENT BY MAYOR ROBERT E. SEVILA AT THE BOARD OF SUPERVISORS PUBLIC HEARING ON THE GENERAL PLAN July 10, 1991 The Leesburg Town Council edopted a resolution in April, 1991, requesting the Loudoun County Planning Commission re-evaluate the General Plan policies relative to the town's Urban Growth Area The issues which the Council raised in this resolution were: 1. The proposed greenbelt did not meet the goals and objectives of the General Plan. Private financing and construction of Route 653 was being discouraged by the proposed greenbelt. The proposed Planning District boundaries were removing the town from future land use decisions beyond the Urban Limit Line. The 50 year "ultimate" time frame for future development within the Urban Growth Area needed more flexibility. Prior to certifying the General Plan, the Planning Commission did endorse a reduction in the Minutes of July 9, 1991 greenbelt along the Potomac River, which will now comply with the 300-foot scenic river setback policies. All other recommendations endorsed by the Council were rejected by the Commission. The town continues to differ with the county on these m~jor policy issues contained in the General Plan. The first issue concerns the land area affected by the proposed greenbelt around the town's Urban Limit Line. The greenbelt was established to provide a "hard edge" separation between the town's Urban Growth Area and the rural area. Development within the greenbelt is limited to existing zoning. While the General Plan does acknowledge the Town Plan recommendation to create a well- defined and defensible boundary, the proposed greenbelt area, particularly west of the proposed Toll Road extension, does not represent the intent of the Town Plan boundary recommendations. In accordance with the Town Plan, the Council recommends a well-defined and defensible planning area boundary delineated by a permanent open space greenbelt, dependent upon the western boundary of the Leesburg Resource Management Area. Although the General Plan supports the upgrading and extension of Route ~53 to serve as a long range regional transportation connection from Leesburg through the eastern part of Loudoun County providing direct access to the Dulles Toll Road extension, the conceptual alignment of Route 653 to the west of Route 621 lies almost exclusively within the proposed greenbelt area. If the County and town are to depend on private financing and construction in providing this large-scale and important transportation improvement, greater development opportunities and higher densities will be required to off-set the costs. A revised inner greenbelt area is recommended which follows the 100- year floodplain boundaries of the Sycolin and Goose Creeks and the ridge line along the western boundary of the Leesburg Resource Management Area. A permanent open space greenbelt which follows the Goose Creek stream valley, as recommended in the Leesburg Area Management Plan, should also be depicted in the General Plan. The Council requests that the area between the green belt line proposed in the General Plan and the floodplains of the Sycolin Creek and Goose Creek be designated as the similar adjacent land uses as proposed by Loudoun County and as depicted in the attached map. Next, the proposed revisions to the Planning District boundaries would remove the town from land use policy decisions beyond the Urban Growth Area. Given the town's present involvement and future interests in the surrounding area, it is appropriate for the town to review and evaluate land use policy issues affecting adjacent county land. Accordingly, to encourage efficient phasing of development and public services, coordinated planning efforts for transportation improvements, and a mutually supportive relationship between the town and County in all land use decisions affecting the Leesburg area, the Council recommends that the proposed Planning District boundaries be revised to maintain the boundaries of the Leesburg Resource Management Area as described in the Leesburg Area Management Plan. Finally, the Council objects to the 50-year time frame envisioned for ultimate development within the Urban Growth Area and requests that the time frame for future development outside the Urban Limit Line be subject to joint, periodic review by the town and county. The goals and objectives of the Town Plan and General Plan are in general agreement. The issues addressed above involve m~jor policy considerations. On behalf of the Leesburg Town Council, I request that the Board of Supervisors amend the General Plan to reflect these recommendations. The Council also supports the Coalition of Loudoun Towns in their request to coordinate a joint meeting between town representatives and the Board of Supervisors during the review period of the General Plan. Mr. Brown stated with regard to the Independence Day celebration, we will be evaluating the festival and Council's comments will be passed on to the Parks and Recreation Advisory Commission and the Ida Lee staff. LEGISLATION On motion of Mr. Webb, seconded by Mr. Lovin, the following ordinance was approved and unanimously adopted. 91-0-26 - ORDINANCE - AMEN-DING THE LEESBURG ZONING ORDINANCE SECTION 10A-4 TO PROVIDE A SPECIFIC DEFINITION OF GASOLINE STATION SIGNS WHEREAS, on January 22, 1991, the Town Council amended the Leesburg Zoning Ordinance Section 10A-14(5) to specify signage for gasoline stations; and WHEREAS, the Town Council expressed a concern that the signage now permitted for gasoline stations might be expanded to include those other uses listed in the Leesburg Zoning Ordinance definition of Service Stations; and WHEREAS, the Town Council initiated and referred an amendment to the Planning Commission on February 12, 1991 which defines a gasoline stations in order to ensure that Section 10A- 14(5) will not be utilized for uses other than gasoline stations; and WHE~, the Planning Commission held a public hearing on March 21, 1991 to consider the proposed amendment; and Minutes of July 9, 1991 WHEREAS, on March 21, 1991 the Planning Commission recommended the language of the amendment be modified and forwarded to the Town Council for consideration; and WHEREAS, on June 25, 1991 the Town Council held a public hearing on this amendment: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10A-4 of the Leesburg Zoning Ordinance is hereby amended to include the following Special Definition: Section 10A-4. Special Definitions. Gasoline Station Signs. Signs permitted by Section 10A-14(5) for buildings and premises in which the primary source of revenue is the retail dispensing of motor fuels. This information must be verified by the applicant prior to the issuance of sign permits. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION IlL Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Absent: Councilmember Clem On motion of Mrs. Forester, seconded by Mr. Webb, the following ordinance was proposed and unanimously adopted. 91-0-27 - ORDINANCE - AMENDING ARTICLE 11. SPECIAL EXCEPTION REGULATIONS OF THE LEESBURG ZONING ORDINANCE TO INCLUDE SECTION 11A-4(12) CONCURRENT APPLICATIONS WHEREAS, since the adoption of the special exception regulations were approved in April 1990, the town has accepted eight applications and of those, four have been filed jointly with rezoning applications; and WHEREAS, in the instance of these joint applications, the rezoning application process has been abbreviated to meet the requirements of the special exception process; and WHEREAS, past experience in handling concurrent applications has shown that it would be beneficial to the review process to allow the special exception application and the rezoning process to proceed under the same time frames; and WHEREAS, the Town Council initiated and referred a zoning ordinance amendment to address concurrent applications to the Planning Commission on January 22, 1991; and WHEREAS, the Planning Commission held a public hearing on March 7, 1991 to consider the proposed amendment; and WHEREAS, on April 11, 1991 the Planning Commission recommended the language of the amendment be modified and forwarded to the Town Council for consideration; and ~fHE~, on June 25, 1991 the Town Council held a public hearing on this amendment: THEREFORE, ORDAINED hy the Council of the Town of Leesburg in Virginia as follows: SECTION I. Article llA of the Leesburg Zoning Ordinance is hereby amended to includo, a new Section 11A-4(12): Concurrent Applications. If the subject property is under consideration for rezoning, analysis of the special exception application will be based on the existing zoning district classification, not the proposed rezoning classification. The applicant may request a concurrent review of the special exception application with the rezoning application. This request will waive the specific time limitations described in Sections 11A-4(6) through 11A-4(8), but will not waive the required Planning Commission recommendation or public hearing before the Town Council. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any Minutes of July 9, 1991 remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. Mrs. Forester stated that this is an effort to clarify the processing of special exceptions for rezoning applications and to keep the process moving while allowing for the complete review that is needed for the rezoning applications before a ruling is made on the special exceptions. This will not only help the Council but also the Planning Commission in reviewing these concurrent applications. Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Absent: Councilmember Clem On motion of Mr. Lovin, seconded by Mr. Webb, the following resolutions were proposed as consent items and unanimously adopted. 91-148 - RESOLUTION - AUTHORIZING A CONTRACT WITH WILLIAM B. HOPKE CO., INC., FOR CONSTRUCTION OF THE HARRISON AND CHURCH STREETS INTERCEPTOR SEWER PROJECTS WHEREAS, the 1987 Water and Sewer Master Plan, prepared by Camp Dresser & McKee engineers, identified the existing Church Street Interceptor Sewer as inadequate to meet current and future needs of the Town of Leesburg;, and WHEREAS, this plan recommended replacement of the existing 12" sewer with a new 15" sanitary sewer interceptor; and WHEREAS, Council, by Resolution No. 90-230 authorized and appropriated funds for replacement of the existing 8" Harrison Street sewer with a new 10" sanitary sewer to accommodate existing and future flows; and WHEREAS, the Town of Leesburg duly advertised and received bids on June 17, 1991 from 11 perspective contractors to provide construction services in accordance with published bid documents and pursuant to State and local procurement laws; and WHEREAS, the lowest responsive and responsible bidder was William B. Hopke Co., Inc., of Alexandria, Virginia, in the amount of $163,700.00; and WHEREAS, the fiscal year 1991 budget, as adopted by Council included an appropriation of $170,000.00 for these projects: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized and directed to enter into a contract on behalf of the town, in a form approved by the town attorney with William B. Hopke Co., Inc., in the amount of $163,700.00 for construction of the Harrison and Church Streets Interceptor Sewer Projects. SECTION II. A reappropriation of funds are hereby made from the unappropriated Utility Fund balance to Utility Fund Account No. (300) 3120.700.120 in the amount of $80,000.00 for the Church Street Sewer project and to Utility Fund account no. (300) 3120.700.240 in the amount of $90,000.00 for the Harrison Street Sewer project, for the fiscal year ending June 30, 1992. 91-149 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO APPROVED REZONING APPLICATION #ZM-66 POTOMAC CROSSING PLANNED RESIDENTIAL COMMUNITY TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, the approved Potomac Crossing PRC Rezoning Plan #ZM-66 requires a minimum twenty (20) foot rear yard setback for townhomes and a minimum twenty-fiYe (P.5) foot rear yard setback for single-family homes; and WHEREAS, the provision for above-grade decks was neither illustrated nor described on the approved rezoning plan; and WHEREAS, Section 7A-5(3)e. of the Leesburg Zoning Ordinance requires a deck, three feet above grade or higher, to be no closer than twenty (20) feet from the property line; and WHEREAS, townhomes and single-family homes which are constructed up to the minimum rear yard requirement are either unable to accommodate an elevated decl~ or may only construct an elevated deck which is up to five (5) feet in depth, respectively; and WHEREAS, applications to the Board of Zoning Appeals for Variances are not recom~nended in this case, as the hardship is not unique to an individual homeowner/applicant; and WHEREAS, on May 30, 1991, the Potomac Crossing Home Owners Association Advisory Minutes of July 9, 1991 Committee requested to town staff that the Town Council consider the initiation of a rezoning plan amendment to resolve this oversight and resulting problem within the Potomac Crossing PRC, the first planned development district in the Town of Leesburg; and WHEREAS, a rezoning plan text amendment is the appropriate method to provide relief for Potomac Crossing homeowners by allowing an encroachment into the required rear yard setback for decks, three (3) feet above-grade or higher: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg hereby initiates consideration of an amendment to the approved Potomac Crossing Planned Residential Community Rezoning Plan #ZM-66 as follows: "An elevated deck, three (3) feet above-grade or higher, can encroach a maximum of ten (10) feet into the minimum required rear yard setback for townhomes and a maximum of five (5) feet into the required rear yard setback for singie-family detached homes." SECTION II. The above initiated rezoning plan amendment is hereby referred to the Leesburg Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the 1950 Code of Virginia, as amended. 91-150 RESOLUTION SETTING A PUBLIC HEARING FOR THE AMENDMENT OF ORDINANCE NO. 88-0-35 AMENDING THE USE OF BOND PROCEEDS OF SERIES 1987 AND 1988 BONDS WHEREAS, on October 25, 1988, the Town Council of the Town of Leesburg adopted Ordinance No. 88-0-35 which allocated the use of bond proceeds from the town's Series 1987 and 1988 bond issues; and WHEREAS, one of the projects earmarked for use of these bond proceeds was the purchase of Dodona Manor; and WHERF. J~, since the purchase of Dodona Manor will not now require the use of these bond proceeds; and WHEREAS, the Council has decided to use the bond proceeds previously allocated for Dodona Manor for other capital projects; and WHEREAS, in order to reallocate these funds Ordinance No. 88-0-35 must be amended; and WHEREAS, before Ordinance No. 88-0-35 can be amended a public hearing on the proposed amendment must first be held: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that a public hearing will be held on August 13, 1991, at 7:30 P.M., in the Town Council Chambers for the purpose of discussing the amendment of Ordinance No. 88-0-35 amending the use of proceeds from the town's Series 1987 and 1988 bonds. 91-151 - RESOLUTION AUTHORIZING A NOTICE OF JOINT PUBLIC HEARING FOR AMENDMENT OF ARTICLE 10, SIGN REGULATIONS, OF THE LEESBURG ZONING ORDINANCE - CREATING A NEW SECTION 10A-14(3)g AND AMENDING SECTION 10A-16(2) WHEREAS, comprehensive amendments to the Leesburg sign regulations, Article 10 of the Leesburg Zoning Ordinance were initiated on December 12, 1990; and WHEREAS, the Planning Commission unanimously recommended approval of the comprehensive amendments to the sign regulations on April 11, 1991; and WHEI~kS, contained within the comprehensive amendment is the creation of a new Section 10A-14(3)g and an amendment to the existing Section 10A-16 (2), shown and redesignated as Section 10A-13(3)g and Section 10A-15(2) respectively; and WHEREAS, these two sections, labeled Building Identification Wall Sign and Sign Modifications, are intended to give the Board of Architectural Review desired flexibility to consider alternative signage in the Old and Historic District; and WHEREAS, the Board of Architectural Review presently only has the ability to modify or waive ground-mounted monument sign requirements; and WHEREAS, the Board of Architectural Review should be provided the ability to grant modifications for other methods of signage which are appropriate, compatible, and/or historically correct; and WHEREAS, on May 21, 1991, the Planning and Zoning Committee of the Town Council recommended that the following two sections of the proposed sign regulation amendments be adopted prior to the balance of the other proposed amendments, which are to be reviewed by the newly created Minutes of July 9, 1991 Ad Hoc Committee, to allow the Board of Architectural Review to approve appropriate signage modifications: Section 10A-14 (3) ~. Building Identification Wall Sign. The BAR may approve an alternative building identification wall sign when the location and proposed building name will better relate to the overall design and architectural quality of the building. The maximum size of the sign may be 100 square feet (one square foot for each linear foot of building frontage), and is permitted in lieu of individual wall signs; and Section 10A-16 (2) Sign Modifications. The Board of Architectural Review may authorize an alternative signage plan that does not strictly adhere to the height and location criteria within the H-1 District if it is determined that the design is more consistent with the architectural character of the building to which it relates and other surrounding properties. In no case, however, may a sign exceed the area limitations which otherwise apply. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of joint public hearing with the Planning Commission to consider amending Article 10, Sign Regulations, of the Leesburg Zoning Ordinance to create a new Section 10A-14(3)g and amend existing Section 10A-16(2) to allow the Board of Architectural Review to consider appropriate signage modifications shall be published in the Loudoun Times-Mirror on June 19, 1991, and July 3, 1991, for public hearing on July 10, 1991, at 7:30 p.m. in the Council Chambers, 25 West Market Street~ Leesburg, Virginia. 91-152 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM-129 AND SPECIAL EXCEPTION APPLICATION #SE-90-08 LEEGATE (LEESBURG AUTO PARK) RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider Rezoning Application #ZM-129 and Special Exception Application #SE-90-08 by First Potomac Development Corporation shall be published in the Loudoun Times-Mirror on July 10, 1991 and July 17, 1991 for public hearing on July 23, 1991 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 91-153 RESOLUTION AUTHORIZING A PUBLIC HEARING TO CONSIDER ZONING ORDINANCE AMENDMENTS TO SECTIONS 11A-7(3)(b) AND 3I-7(2) RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider proposed amendments to Sections 11A-7(3)(b) and 3I- 7(2) of the Leesburg Zoning Ordinance regarding active recreation for multi-family developments shall be published in the Loudoun Times-Mirror on July 3, 1991 and July 10, 1991 for public hearing on July 23, 1991 at 7:30 p.m., in the Council Chambers, 25 West Market Street~ Leesburg, Virginia. 91-154 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT WAVERLY PARK PHASES I, II AND III WHE~, the developer of Waverly Park Phases I, II and III 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 corporate surety bonds from Fidelity and Deposit Company of Maryland in the total amount of $81,000.00 are released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $4,050.00 is aoproved, 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 exe~uteu instrument conveying unto the town all such improvements and easements free of any liens or charges. 91-155 - RESOLUTION - CANCELLING THE AUGUST 20, 1991, PLANNING AND ZONING COMMITTEE AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETINGS AND THE AUGUST 27, 1991, REGULAR COUNCIL MEETING RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Planning and Zoning Committee and the Administration and Public Works Committee meetings scheduled August 20, 1991 and the regular meeting of the Leesburg Town Council scheduled August 27, 1991, are cancelled. Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Mayor Sevila Minutes of July 9, 1991 Nay: None Absent: Councilmember Clem NEW BUSINESS On motion of Mr. Lovin, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 91-156 - RESOLUTION - MAKING AN APPOINTMENT TO THE PARKS AND RECREATION ADVISORY COMMISSION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Dan McAuliffe is hereby appointed to the Parks and Recreation Advisory Commission for the unexpired term of Frank Carney. Mr. Lovin stated that Mr. McAuliffe is a citizen of the Town of Leesburg and is employed by Wheat First Securities. He serves on the Board of Directors for the Chamber of Commerce and has been active in volunteer work in the town. Mr. McAuliffe will be a very positive influence on the Parks and Recreation Advisory Commission. Mr, Kimball stated that there were eight very highly interested and qualified individuals. He thanked those individuals for showing an interest in the town and encouraged them to continue their interest in the community. Mayor Sevila stated that he also knows Mr. McAuliffe. He is extremely interested in sports at all levels, particularly youth sports and recreation. He is an excellent addition to the commission. Aye: Councilmembers Bange, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Absent: Councilmember Clem Mr. Marc Weiss, addressed the Council with regard to the county's public hearing on the General Plan. He wanted to encourage the Council to follow this very closely and keep the pressure on the county. It is having some effect. The county is beginning to hear the message. This is an important issue for the town. Clerk of Council On motion of Ms. Bange, seconded by Mr. Webb, the meeting was adjourned at 8:15 p.m. Robert E. Sevila, Mayor Town of Leesburg