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HomeMy Public PortalAbout1991_07_23MINUTES OF THE REG~ MEETING OF THE LEESBURG TOWN COUNCIL JULY 23, 1991 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West Market Street" Leesburg, Virginia on July 23, 1991 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Councilmember Donald A. Kimball and the Salute to the Flag led by Councilmember Webb. Present were: Mayor Robert E. Sevila, Councilmembers Georgia W. Bange, James E. Clem, Christine M. Forester, Donald A. Kimball and William F. Webb. Councilmember Claxton E. Lovin 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, Zoning Administrator Scott Johnson, Chief of Police James Kidwell, Planners Gene Arner, Peter Stephenson, Sally Vecchio, Traffic Engineer Calvin Grow, Public Information Officer Susan Farmer, Detective Sergeant John Smith, Town Attorney George Martin and Clerk of Council Barbara Markland. Planning Commission members present were: Chairman Mervin Jackson, and Commissioners Altland, Vanghan, Williams and Wolf. On motion of Mr. Webb, seconded by Mr. Kimball, the regular meeting minutes of June 11, 1991 were approved as corrected by Councilmember Forester and the regular meeting minutes of July 9, 1991 were approved as written. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin CERTIFICATE OF APPRECIATION Mayor Sevila presented Detective Sergeant John Smith with a Certificate of Appreciation for apprehending a suspect during a grand larceny in downtown Leesburg. Mr. Stanley Caulkins, of Caulkins Jewelers, addressed the Council reiterating the success that the town has through the Police Department. PETITIONERS Ms. Ann Winston, Chairman of the Northern Virginia Building Industry Association Outreach Committee, addressed the Council. She distributed tee shirts, to each council person, from the 3rd Annual 10k race that was held in Leesburg on June 9, where 500 runners participated. Proceeds from the race will go to the Altshiemers Respect Center of Loudoun County. Mr. Kevin Wright. Assistant Manager of the Talley Ho Theater, addressed the Council with a concern of the lack of permanent fencing to keep people off of the theater roof by access from the top floor of the parking garage. His prepared statement is attached and made a part of the minutes. Mr. Brown stated that a fence was installed today. The construction of a wall has been proposed and will be installed soon. Mr. Alton Echols, representing Sycolin Partnership, addressed the Council with regard to a "speedy action" by the Town. We were able with the help and consideration of the Planning Commission and town staff to move through the special exception process in approximately 60 days. We were able with the "new fast track" of the engineering department to move through site plan review process in less than 60 days. Leesburg, the Planning Commission and staff have enjoyed a "black eye" in the Washington area because it used to take two years to get through the process. We need to get the word out to the Washington area that Leesburg has solved its problems and it is a very favorable area to work in. The Planning Commission, relative to other jurisdictions, is a joy to work with. Having been one that has been vocal and at times even critical in the past, I would like to be most complimentary. In closing, the Council needs to address deregulation. Landscaping under the current ordinance - streetscape on townhouses (24 houses), the minimum bid to meet the town's ordinance is $23,500. The town's lighting package for a townhouse is about $1,400.00 per unit. It costs about $14,000 to $16,000 to develop a townhouse lot today. It should only cost about $9,000.00. The town has handled the problem with regard to speed but now the Council should look at the town's regulations. They are costly and nonproductive in a lot of areas. Mr. Stanley Caulkins addressed the Council with regard to the beautification of the alle)~'ay between his business and Mr. Saiedi's business. He stated that if the town wanted to add some lighting, his building is available for access for lighting and to improve this walkway. Mr. Michael C. Granats, a resident of 201 Cornwall Street. addressed the Council with regard to the Battlefield Parkway. He stated that about a year ago, representatives of the Toll Road stated they wanted to build two lanes of the parkway through the 77 acres owned by his family. The 77 acres are just south of the Simpson Middle School bound on the west by Route 621. About ten days ago he contacted Mr. Eric Mullins of the Toll Road Corporation. Mr. Mullins stated that the Toll Road Corporation had no intentions of changing their plan and would not build any part of the parkway through the 77 acres. He understands that Leesburg South is withdrawing their application and that a bridge will be built across Tuscarora Creek which means that the completion of the Battlefield Parkway will probably be further delayed. Minutes of July 28, 1991 Ms. Laura Dutton, representing the Loudoun Museum, addressed the Council with regard to the closing of the business in the Log Cabin adjacent to the museum. She submitted a proposal to be considered by the Council for the use of the Log Cabin site. PUBLIC HEARINGS 7.a. A public hearing to consider an amendment to Article 10A Sign Regulations Mr. Brown stated that the Council chose to address this problem by creating an ad hoc citizen committee which has worked out very nicely. He introduced the Chairman of the ad hoc committee Mr. John Rocca. Mr. Rocca has done an outstanding job in helping the staff put together an appropriate recommendation for the Council. Mr. John Rocca, addressed the Council. He stated that the committee has had a great challenge and a lot of fun trying to work through this task that the Council assigned to us. Mr. Rocca introduced the members of the ad hoc committee. They are: Councilmember Georgia Bange, Mr. John Spring, Mr. Jim Shea, Planning Commissioner Mervin Jackson, Mr. Bill Gilligan, Mrs. Betty Hughes, Mr. Tom Galloway and Mr. Stanley Caulkins. We used the existing ordinance to develop a model that we feel will be good for five to eight years. After that time it will be out voted, old - the town is changing. We recommend the Council re-visit this again in five to eight years. Out of one hundred problems, we have addressed ninety four. We have tried to give the Zoning Administrator the ability to be flexible within the confines of the ordinance - to bend. Mr. Rocca thanked the Council on behalf of the ad hoc committee for the opportunity to serve the town. Mayor Sevila wished to extend his and the council's appreciation to the members of the ad hoc committee. Mr. Johnson thanked Mr. Rocca and the ad hoc committee. He stated that the committee put together an excellent report and the recommendations that go along with it make great headway toward making the sign ordinance something that is extremely useful in this community. The main task of the committee was to add flexibility in the ordinance while maintaining the integrity of the appearance of the community. Ms. Elaine Yost, a resident of 118F Prosperity Avenue and Assistant Director of Leesburg Physical Therapy and Sports Medicine, addressed the Council. She stated that she believes she should have the same rights and privileges as other businesses in Leesburg. Specifically the right to place the name of her business on the exterior of the building. Many of our patients have difficulty locating our office or do not know that we even exist. She stated that the new sign ordinance as proposed will address her problem. Mr. Alton Echols, addressed the Council commenting on the town's sign ordinance. He stated that there are some msjor problems in the sign ordinance and recommended that a work session be held during the evening hours for those individuals who work during the day could attend. He questioned why someone must go through the Board of Architectural Review to obtain approval of the color of a sign. He questioned the cost of signs - explaining that one of his new tenants paid $6,000.00 to have a new sign and then it costs $500.00 to change the sign. He also stated that it takes six months to get a sign permit. He suggested the town issuing temporary sign permits in one day. Signs are the cheapest form of advertisement. He stated that the town needs an economic development department and a decent sign ordinance. The Mayor closed the public hearing. On motion of Mrs. Forester, seconded by Mr. Webb, this matter was referred to the August 6, 1991 Planning and Zoning Committee meeting for further consideration. 7.b. A joint public hearing to consider an amendment to Article 10, Sign Regulations Planning Commission Chairman Mervin Jackson addressed the Council stating that there was a quorum. Planning Commission member Ann Darling was absent. Mr. Jackson wished to welcome new Planning Commission member William Wolf. Mr. Peter Stephenson, addressed the Council reviewing the staff report and noting that legislation was also prepared for Council's consideration this evening. Mr. Alton Echols, addressed the Council, with regard to the sign regulations. He stated that the town should do away with the requirements that a sign cannot be larger than 1'x1.6' in the Historic District. Businesses need signs large enough to read. He stated that many businesses and developments have used "doughty" colors for the purpose of advertising because of the lack of signage. The Mayor closed the public hearing. 7.c. A joint public hearing to consider an amendment to approved Rezoning Aoolication #ZM- 116 Stratford in Leesburg Mr. Stephenson addressed the Council reviewing the staff report and noting that the joint public hear/ng has been duly advertised. He stated that this is an amendment which will allow the alternative Minutes of July 23, 1991 to provide a cash payment of $400.00 per residential dwelling unit upon the time of residential zoning permit issuance in lieu of the dedication of the 62 acre high school site referred to as the Orchard Tract. Mr. Stephenson stated that he has prepared several scenarios. First, a denial or a delayed dedication scenario. An approval scenario accepting the alternative of the cash payment per residential unit. A best case and worst case under the approval scenario, and a compromise scenario which is an attempt to get closer to the existing assessed value of the property. Mr. Stephenson noted that last year, in an effort to retain the proposed County government center, the Council did offer to release by resolution the Orchard tract/high school site with no corresponding reduction in overall residential density. Mr. Edward Finnegan, representingthe Stowers F~mily, addressed the Council. He stated that Mr. Edward Flanagan, representing Evergreen Mills Investments the present owner of the property, is present tonight. Mr. Flanagan is here tonight to represent that the amount offered on behalf of the Stowers family is an acceptable amount. Mr. Flanagan, representing Evergreen Mills Investments, addressed the Council stating that they are the title owners of the property but do to financial circumstances will not be the owners of the property in the near future. We are trying to obtain Council's consideration of the proffer amendment to allow the project to move forward as it is split into joint ownerships. Mr. Finnegan thanked the Council on behalf of the Stowers fsmily, Sovran Bonk and Evergreen Mills Investments for taking out of turn this requested proffer amendment. He stated, we believe we have made a very fair proposal in these difficult economic times. We are asking action as soon as possible on this proposal. Mr. Finnegan noted that the Stowers family was present tonight. Neither the Stowers family nor Sovran Bank have any control over the Orchard tract. That parcel of land is totally unrelated to the Stowers farm. The Stowers family have a contract with Evergreen - they want to get paid - they are not going to get paid. Many alternatives have been considered. The offer will be essentially 40 acres so the town can establish a school site acquisition fund - we are providing $1,500.00 an acre or a total of $600,000.00 which is approximately $452.00 per unit. We are dealing with a deadline of August 5, 1991. We are here asking for assistance. We are not asking to be relieved of the Orchard tract but we are asking for an alternative that will be within the control of the future land owners of this tract. With regard to the toll road - in the event the town favorably considers our action - Sovran has agreed to release the liens and Evergreen will provide the Stowers family with a deed in lieu of foreclosure and one day after that. the Stowers family as owners of the property will without compensation to the toll road or to anybody else convey free and clear the 40 acres necessary for the toll road. Mr. Thomas Galloway, a resident of 118 Chesterfield Place, S.W., Leesburg, addressed the Council urging the Council to move expeditiously on this matter in favor of the Stowers family. Mr. Joe Kelly, a resident of 212 North Street. Leesburg, addressed the Council on behalf of the Stowers family. He urged the Council to move forward with the proffer amendment as quickly as possible especially because it affects the other dynamics that are vital to this town. The Stowers family have become the victims. Mr. Jack Wallace, a resident of Leesburg, addressed the Council on behalf of the Stowers family. Mr. Eric Mullins, representing the Toll Road Corporation of Virginia, addressed the Council. Mr. Mullins' statement is attached and made a part of the minutes. This item is scheduled on the Planning Commission Agenda for Thursday, July 25, 1991. On motion of Clem, seconded by Mr. Webb, this item was deferred until receipt of the Planning Commission's recommendations. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin Mrs. Forester stated, on behalf of the Planning Commission, the Planning Commission did vote on the draft motion to send a positive recommendation to the Council on the sign ordinance amendments by a unanimous vote of 6-0-1 Planning Commission member Darling absent. 7.d. A public hearing to consider an amendment to the Zoning Ordinance Article 18 Bed and Breakfast Inn definition Mr. Stephenson, addressed the Council reviewing the staff report~ He stated that the initiated amendment would allow related ancillary uses, with conditions, to be authorized on a case by case basis by special exception application. The present definition does not expressly allow for such uses as appropriate on a case by case basis. Mayor Sevila asked Mr. Stephenson how the county ordinance defines a country inn as opposed to a bed and breakfast. Mr. Stephenson stated that he does not have that definition but would be happy to provide this information for the Council. Minutes of July 23, 1991 Dr. George Poehlman, a resident of Leesburg, addressed the Council representing his family, Dr. Peter Chopivsky and his f~rnily and Mrs. Laura Hutchison. He stated that as elected officials, you are my representatives, my advocate. You represent me, a citizen in this community and I ask that you act in my behalf. The issue at hand is a question of commercializing residential neighborhoods. The Planning Commission, at great lengths, studied the issue. They reviewed many definitions of bed and breakfast in other communities. The Planning Commission felt that this extended use was not in keeping with a residential neighborhood. He asked that the Council accept the current recommendation by the Planning Commission. Col. Michael Granats~ a resident of Leesburg, addressed the Council requesting that the Council reject the proposed application for a bed and breakfast stating that it is not compatible with the residential, historic neighborhood. Mrs. Karen Jewel, representing the applicant on behalf of Eric Zimmermann, addressed the Council. She stated that this amendment is not about Hillcrest. This is about adaptive reuse of historic structures. There are many uses allowed by special exception in residential areas. Many of those uses taste a little like commercial but that is why they are there by special exception. To allow the Council to have control over them without banning them entirely. A bed and breakfast with ancillary uses is a classic reuse of an historic structure. Mrs. Jewel gave many examples of bed and breakfast inns. To prohibit meetings and social events solely because they are deemed incompatible with a residential area is absurd. To prohibit them because they are commercial is illogical. Meetings are held in homes as well as in public places. The difference is the frequency and the scope of the activity. The control of the frequency and scope is gained through the special exception process. A blanket prohibition is bad for two reasons. A blanket prohibition of any type of social event is bad because it flies in the face of the Town Plan which talks about adaptive reuses. Its not good zoning. Zoning is a legislative function. An inherent in the concept of a legislative function is discretion. Inherent discretion is flexibility. If you simply say no to everything is not flexible. We are asking for discretion with checks and balance and you have that in the special exception process. There is flexibility in the county's ordinance for bed and breakfast. Mrs. Jewel asked the Council to keep common sense in mind. This again, is not about Hillcrest. This is about an adaptive reuse of an historic structure. The applicants are very dddicated and commit~ced to the community personally, socially and economically. Mr. Kevin Goehler, a partner in the Hillcrest application, addressed the Council. He stated that he and Mr. Jewel have been working on this application for three years. What is the mission of the Town of Leesbur~. Are we trying to increase the public to visit Leesburg? Are we trying to increase the frequency of the return trips to Leesburg by these people? Are we trying to increase the number of quality businesses to be located here? The Council should take the responsibility and grant this special exception as originally submitted not as this amended version. If the amended version is adopted, the Council will be sending a wrong message to the community, business community, the public and the people that we want coming to Leesburg. Mr. Tom Jewel, a partner in the Hillcrest application, addressed the Council. He stated that this is a situation that has gone from what we thought was a model adaptive reuse. He expressed concern that this is spilling over to a devastating adaptation of the Zoning Ordinance. This Council should never go on record prohibiting business. The new definition will destroy the bed and breakfast business in the Town of Leesburg. Leesburg has the ability to draw people who would not normally go to another place. We must remember what Leesburg is. Leesburg is different. Leesburg is innovative and Leesburg has got something that most places don't have and that is the home town quality. There are some of us who don't live in town who have a tremendous stake in this town and who believe and work at it on a day to day basis. Please allow some distance on this ordinance. This is not just Hillcrest. It is a blanket statement that smothers a tremendous opportunity to keep building on what we have been building on for the last few years. Please do not vote for this as it is written. Mr. Mike Banzoff, a resident of 102 Morven Park Road, addressed the Council. He stated that there is a lot of support for Hillcrest to be preserved. The neighbors would like to see it preserved and don't have any problem with it being a bed and breakfast use. They have a problem with the commercial elements. This proposed amendment would not impact existing bed and breakfast uses which are in the downtown area. Many people who live around Hillcrest are concerned with a change in the neighborhood. They bought into a residential neighborhood and would like it to stay a residential neighborhood. The definition that the Planning Commission put together is a good one. It is sensitive to the residential areas. Mayor Sevila asked Mr. Banzoff what the objectional activities of the residents were? What would the real impacts of the continued use of Hillcrest be on that neighborhood and what are the alternatives available to the Council in addressing those impacts as opposed to a fiat prohibition? Mr. Banzoff stated that the application would permit wedding receptions and special events every weekend for four months during the summer. That is a substantial volume of traffic in and out of this property. There is nothing in the application that states they would not have these events outside. There are no restrictions on the hours. Volume and frequency are concerns. Parking is a major problem. Traffic, safety, glare of lights and noise are all concerns. Minutes of July 23, 1991 Mayor Sevil~ stated that both sides have a lot of merit. The adaptive reuse of historic structures to promote there preservation is a legitimate goal of this Council. Mrs. Betty. Poehlman, addressed the Council. She stated that she and Dr. Poehlman have restored several properties that involved adaptive reuse. This discussion is also about preserving neighborhoods. We chose our neighborhood very carefully. The Council should consider the impact that this would have on the msjority of the residents rather then on the one applicant. Many of us are strongly opposed to having the ancillary uses take place in our front, side and neighboring yards. Mayor Sevila asked Mrs. Poehlman what would have the greatest impact on the neighborhood, the maximum development of 2.7 acres or the occasional use of the property? Mrs. Poehlman stated that no one is responsible for the long term gains or losses of a piece of property. Mr. Kevin O'Neil, a resident of 411 ~illiams Street, addressed the Council urging the Council to consider the danger and hazards that could be created by commerci~]i~.ing the property any more then it should be. A letter received from Mr. R. Michael Clemmer, dated July 29, 1991, regarding this issue is attached a made a part of the minutes. The Mayor closed the public hearing. On motion of Mrs. Forester, seconded by Mr. Clem, this matter was referred to the August 6, 1991 Planning and Zoning Committee meeting for further consideration. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin 7.e. Public hearing to consider an amendment to the Zoning Ordinance - active recreation requirement for multi-family development Mr. Gene Arner, addressed the Council briefly reviewing the staff report. He stated that the proposed amendment would exempt smaller multi-family developments from the requirement to provide recreation amenities as part of the development. The Mayor closed the public hearing. On motion of Mrs. Forester, seconded by Ms. Bange, this matter was referred to the August 6, 1991 Planning and Zoning Committee meeting for further consideration. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin 7.f. Public hearing to consider Rezoning Application #ZM-129 and Special Exception Application #SE90-08 by Lee~ate Ms. Vecchio, addressed the Council summarizing the staff report. She stated that this is a request to rezone approximately 20 acres of land from 1-1 to B-3. Specifically to vehicle sale uses by special exception. The applicant has filed the special exception application concurrently to permit up to four vehicle sales facilities on the site. On May 5, 1991, the Planning Commission recommended denial of these applications because the auto park did not meet the goals and objectives of the Town Plan in terms of land use for planned employment on Route 7. Part of the application does include a dedication of seven acres offsite, approximately 3.5 acres are in the floodplain, to the town for future expansion of the water pollution control facility. The applicant has now proffered a contribution of $.10 per gross square foot for fire and rescue. At the Council's request, I have requested a meeting of the Annexation Joint Policy Review Committee to evaluate this project. This project is located within the land that the town annexed in 1984, therefore, it is obligated under the policies and objectives of the AADP's. The meeting is scheduled for July 31, 1991, at 1:30 p.m. A recommendation will then be forwarded to the Council. All procedural requirements have been met~ including advertisements and public notification of adjacent property owners. Signed proffers have been submitted. Mr. Joseph Trocino, representing First Potomac Development Company, addressed the Council. He stated that the site is a unique one. It is located directly in front of the wastewater treatment plant. It will be completely surrounded at full development by a road network planned by the Council and County government. We sought this type of use as appropriate for the property and we request the Council to see it appropriate in continent with the town's comprehensive plan. This is a use that is entirely appropriate for that particular site at this particular time. We are in unusual economic Minutes of July 23, 1991 circumstances. The client wishes to make a msjor, multi-million dollar investment which will not only yield significant tax dollars to the town but will yield benefits to the entry way and architecture to the Town of Leesburg. It will also yield significant employment opportunities for the people of Leesburg. Mr. Randy Minchew, with Hazel and Thomas representing the applicant, addressed the Council reviewing the proffers. He stated that the proffers have been fully executed. We have gone through the proffers closely in addressing all outstanding issues. We have met with members of the town's engineering staff, town attorney and we believe we have a sound set of proffers which are comprehensive and address all issues pertaining to the site. Mr. Kimball questioned the installation of a trsffic light on Route 7 and asked who would remove the signal when the fly-over is complete. Mr. Minchew stated that when the signal is erected, part of the construction cost will be funding for the ultimate removal of that signal. We do not see a great expense in taking down the traffic signal. Mr. Ralph LaRock, of Ballinger and LaRock Architects representing the applicant, addressed the Council stating that this site has some very unique characteristics both horizontally and vertically. He briefly described the site and the design of the proposed project. Mayor Sevila asked if there was a potential for as many as twelve dealerships going on this site. Mr. LaRock stated that there will be four buildings with the possibility of each building being split into minor dealerships. Mr. Trocino, addressed the Council stating that there is the potential for upward of twelve different franchise automobiles within the four different buildings. In summary, why this property should be rezoned is that it is a special site, it is located in front of the sewer plant in an area that has profound transportation challenges which this site will benefit from. This is not a strip design. It is a use that has been unitized and specially planned for this type of use. A special site that has special access requirements. We have worked very hard and spent lots of money on making the architecture appropriate for the entrance to Leesburg. Mayor Sevila stated that the primary issue that the Planning Commission is concerned with is the comprehensive plan. He asked Mr. Trocino what is planned employment as called for in the comprehensive plan and is this application compatible with the comprehensive plan. Mr. Trocino stated that it is a term of art and we think the plan is compatible. We think that within the definition of planned employment you can find our use. The comprehensive plan is a growing, organic document, one that changes with time. Mrs. Forester asked Mr. Trocino if he knew the number of vehicles that Jerry's Ford sold in a year. Mr. Trocino stated approximately 1200 vehicles. Mr. Adrian Edwards, a resident of 417 Browns Meadow Court, N.E., addressed the Council. He strongly recommended that the Council allow the auto park use. Mr. Steve Robin, representing the Lee Center property, addressed the Council. He stated that Keystone Boulevard which is an interval part of the transportation network lies largely on the property of Lee Center. We are presently in active discussions with the auto park people with regard to the construction of Keystone Boulevard and we do not foresee a problem. If this application is approved we will work jointly with them. Mayor Sevila, read a letter written by Hughette Kenney dated July 23, 1991. The letter is attached and made a part of the minutes. The Mayor dosed the public hearing and noted that the record would remain open for a period of ten days. On motion of Mrs. Forester, seconded by Mr. Webb, this matter was referred to the August 6, 1991, Planning and Zoning Committee meeting for further consideration. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin COUNCILMEMBER'S COMMENTS Mr. Webb had no comment. Mr. Clem stated that the Environmental Advisory Committee met last evening and elected officers. Mr. Tolbert was voted Chairman, Elmo Blythe, Vice-Chairman and Mary Anne Newman, Secretary. Mr. Clem asked Mr. Brown to look into the Adopt-A-Street Program and provide a list of acceptable Arborist. Minutes of July 23, 1991 pomo He noted that the Farmer's Market is open on Tuesday and Saturday from 9:00 a.m. to 1:00 Mr. Kimball expressed his appreciation to the ad hoc sign committee for their interest in the community. Mrs. Forester asked that Mr. Brown keep the Council informed and updated on the County's discussion with regard to the General Plan. Ms. Bange had no comment. LEGISLATION On motion of Ms. Bange, seconded by Mr. Clem, the following ordinance was proposed and unanimously adopted. 91-0-28 - ORDINANCE - ADOPTING AN AMENDMENT TO ARTICLE 10A~ SIGN REGULATIONS, OF THE LEESBURG ZONING ORDINANCE - CREATING A NEW SECTION 10A- 14(3)g AND AMENDING SECTION 10A-16(2). WHE~, 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 WHEREAS, 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 authority to modify or waive ground-mounted monument sign requirements; and WHEREAS, the Board of Architectural Review should be provided the authority to grant modifications for other methods of signage which are appropriate, compatible, and/or historically correct; and WHEREAS, on May 28, 1991, the Town Council authorized a joint Planning Commission/Town Council public hearing to consider the adoption of amendments to these two sections of the comprehensive sign regulation amendments prior to the balance of the proposed amendments; and WHEREAS, the Board of Architectural Review endorsed the adoption of the proposed amendments on June 3, 1991; and WHEREAS, the joint public hearing originally scheduled for July 9, 1991 was postponed and rescheduled for July 23, 1991; and WHEREAS, the Planning Commission and the Town Council held a joint public hearing on July 23, 1991 to consider the proposed amendments; and WHEREAS, the Planning Commission recommended the approval of the proposed amendments on July 23, 1991, following the joint public hearin~ THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Article 10A, Sign Regulations, of the Leesburg Zoning Ordinance is hereby amended 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 as follows: Section 10A-14 (3) g. Building Identification Wall Sign. The Board of Architectural Review 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 up to 100 square feet, and is permitted in lieu of individual wall signs. Section 10A-16 (2). Sign Modifications. The Board of Architectural Review may authorize an alternative signage plan that does not strictly adhere to the area, height, number 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. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Minutes of July 23, 1991 Nay: None Absent: Councilmember Lovin Mr. Brown briefly summarized the following ordinance in lieu of the reading. On motion of Mr. Clem, seconded by Mr. Webb, the following ordinance was proposed and adopted. 91-0-29 - ORDINANCE - AMENDING THE TOWN CODE TO REMOVE CERTAIN METERED PARKING SPACES ON MARKET AND LOUDOUN STREETS WHEREAS, the town's 375 space parking facility was opened on June 22, 1991; and WHE~, the Administration and Public Works Committee has considered staff recommendations regarding sight distance alternatives at the facility's exits at its June 4, June 18, July 2 and July 16 meetings; and V/HE~, the full Council participated in the on-site sight distance demonstration during its July 13, 1991 special meeting;, and WHEREAS, the Administration and Public Works Committee recommended that the following meters be removed: (a) one meter on each side of the West Market Street egress entrance of the new parking facility, (b) one meter immediately east of the alley on West Loudoun Street; and (c) one meter immediately east of Wirt Street on West Loudoun Street. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sec. 10-171. Establishment of meter zones and parking time limits therein. Parking meter zones with the following time limits for lawful parking are established as follows: (1) West side of King Street, between Loudoun Street and North street, for two-hour parking at any one time except for that area designated at the northwest corner of King Street and Market Street as a no parking from here to corner zone. (2) East side of King Street, between Virginia Power fight-of-way and 180 feet south of Royal Street, for two-hour parking at any one time. (3) South side of Market Street~ and 120 feet west of Liberty Street for two-hour parking at any one time, with the following exceptions: the time limit for lawful parking shall be 15 minutes at any one time in front of the Post Office on Market Street and the time limit for lawful parking shall be three hours at any one time at five spaces immediately west of Wirt Street, five spaces between Liberty Street and the entrance of the Presbyterian Church parking lot and 9:;c one space in front of the theatre. (4) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two- hour parking at any one time, except spaces reserved for official cars of the state and town police and the county sheriffs department. (5) North side of Loudoun Street, between Wirt Street and Church Street, for two hour parking at any one time. (6) Municipal parking area known as Vinegar Hill parking lot between Loudoun street and South Harrison Street, for four-hour parking at any one time. (7) Municipal parking area known as South Harrison Street, parking lot between South Street and South Harrison Street for four-hour parking at any one time. (8) East and west side of South Harrison Street, between Loudoun Street and 160 feet north of Depot court, for two-hour parking at any one time except as hereafter provided. (9) East and west side of South Harrison street at southern most point of parking bay in front of 202 Harrison Street, S.E. for up to ten-hour paid parking. (10) (11) South side of Loudoun Street, between East Market Street and 160 feet east of South Harrison Street, for three-hour parking at any one time. Municipal parking area on the south end of Liberty Street, with the exception of the southern-most 126 spaces which will be offered for permit-only parking. Minutes of July 23, 1991 (12) East side of Wirt Street between Loudoun Street and Market Street plus two meters immediately north of Market Street for one-hour parking at any one time. SECTION II. Ail prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon passage. Mayor Sevila asked that Mr. Brown prepare a resolution for the next Council agenda that would state the removal of these meters is an act of Council rather than staff~ Aye: Councilmembers Bange, Clem, Forester, Webb and Mayor Sevila Nay: Kimball Absent: Councilmember Lovin Mr. Kimball made the motion to adopt the following ordinance and to insert the name of John W. Tolbert, Jr., Lane. The motion was seconded by Mrs. Forester. 91-0-30 - ORDINANCE - RENAMING LONG LANE, ROUTE 654 BETWEEN SYCOLIN ROAD AND EVERGREEN MILL ROAD WHEREAS, at the request of citizens residing along Long Lane in Lovettsville, Virginia, the Town Council adopted Resolution Number 91-138 on June 25, 1991, relinquishing the use of the name, Long Lane, for Route 654 between Sycolin Road and Evergreen Mill Road; and WHE~, according to Section 16-85 of the Town Code, a street name may only be changed by ordinance; and WHEREAS, the Administration and Public Works Committee of the Town Council recommended that an ordinance be prepared for adoption by the Town Council to rename the street previously designated as Long Lane. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Route 654 between Sycolin Road and Evergreen Mill Road, previously named Long Lane, is hereby renamed to John W. Tolbert, Jr. Lane (Tolbert Lane). SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon passage. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin On motion of Mr. Clem, seconded by Mr. Webb, the following ordinance and resolutions were proposed as consent items and unanimously adopted. 91-0-31 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED PAY AND CLASSIFICATION PLAN WHEREAS, the fiscal year 1992 budget included new Parking Lot Attendant positions at pay grade 2; and WHEREAS, it has been determined that the Parking Control Officer position has a similar level of duties and responsibilities; and WHE~, the Parking Control Officer position is currently assigned pay grade 1; and WHEREAS, during meetings between Town Council and its Economic Development Advisory Commission on July 13, 1991, and July 15, 1991, significant discussions were held regarding the town's economic development role in the community; and WHEREAS, it was determined that the assistant town manager should be assigned additional economic development responsibilities to increase the town's effort to ensure the local economy recovers as quickly as possible from the international economic recession. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational group and pay grades, is amended to read as follows: Sec. 12.1-10. Classification of town employees by occupational groups and oay ~rades. Employees in the town service are classified in the following occupational groups and pay grades: Occupational Minutes of July 23, 1991 Groups Position Pay Grade Executive-Managerial Dir. of Engineering & Public Works Chief of Plan Review Director of Utilities Director of Finance Director of Planning, Zoning and Development Assistant Town Manager for Economic Development & Admin. Chief of Police Director of Parks and Recreation Law Enforcement Parking Control Officer Police Officer Police Officer 1st Class Corporal Sergeant Lieutenant Captain Investigator Administrative-Clerical Clerk Typist Data Entry Clerk Secretary Accounting Clerk I Accounting Clerk II Administrative Secretary Zoning & Development Asst. Executive Secretary Clerk of Council Personnel Officer Public Information Officer Desk Clerk Parking Attendant Supervisory Supt. Equipment Maintenance Water Supply Superintendent Superintendent Bldgs. Grounds and Maintenance Utility Lines Superintendent WPCF Superintendent Parks & Marketing Coordinator Recreation Coordinator Recreation Supervisor Aquatics Supervisor Center Supervisor Technical Asst. Utility Plant Mechanic Heavy Equip. Operator Utility Billing Technician Asst. Streets, Bldg. & Grounds Asst. Superintendent Eq. Maint. Senior Operator Operator I Operator II Operator III Operator IV Asst. Ut. Lines Superintendent Maintenance Senior Inspector Senior Utility Plant Mechanic Asst. Water Supply Supt. Capital Projects Representative Capital Projects Coordinator Asst. WPCF Superintendent Facility Inspector Asst. Zoning Administrator Systems Technician Meter Technician Professional Chief of Operations & Inspections Engineer II Traffic Engineer Engineer I Chief of Current Planning Planner I Planner II Principal Planner 27 24 26 26 26 21 26 24 13 14 15 17 20 22 15 4 3 5 4 5 7 10 10 11 9 8 2 2 15 18 17 18 15 15 12 12 12 5 7 8 13 13 12 11 10 7 4 13 14 11 13 19 14 13 13 14 8 5 18 18 18 15 21 15 17 18 Minutes of July 23, 1991 Asst. Director of Finance Zoning Administrator Construction/Maintenance Laborer Maintenance Worker II Maintenance Worker I Mechanic I 15 19 1 7 5 5 SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon passage. 91-157 - RESOLUTION - CANCELLING A CONTRACT WITH THE MUTUAL BENEFIT LIFE INSURANCE COMPANY AND AWARDING A CONTRACT TO THE GROUP AMERICA INSURANCE COMPANY FOR GROUP LONG-TERM DISABILITY INCOME INSURANCE COVERAGE WHEREAS, in May, 1991, the Town Council authorized the award of a contract effective July 1, 1991, to the Mutual Benefit Life Insurance Company for group long-term disability income insurance coverage for town employees; and WHEREAS, on July 15, 1991, the Mutual Benefit Life Insurance Company went into receivership and operations of the company have been taken over by the State of Jew Jersey; and WHEREAS, due to this fact, it is the recommendation of the town's insurance consultant that the contract with Mutual Benefit Life Insurance Company be cancelled and the coverage be reassigned to the town's former insurance carrier the Group America Insurance Company. THEREFORE RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The contract with the Mutual Benefit Life Insurance Company to provide the town with group long term disability income insurance coverage is hereby cancelled effective July 1, 1991. SECTION II. The manager is authorized to execute a contract for group long-term disability income insurance coverage with the Group America Insurance Company with an effective date of July 1, 1991. 91-158 - RESOLUTION - SETTING A PUBLIC HEARING FOR AN ALTERNATIVE PERSONAL PROPERTY TAX RATE FOR ELDERLY AND HANDICAPPED INDMDUALS WHEREAS, during Council deliberations on the fiscal year 1992 budget discussion was made of the need for a personal property tax relief program for individuals that qualify under the town's real estate tax relief program; and WHEREAS, the 1991 General Assembly has added to Chapter 35 of Title 58.1 on Article 1.1 of the Code of Virginia providing localities with the option of levying alternative tax rates for elderly and handicapped individuals; and WHEREAS, this Council desires to offer such an alternative personal property tax rate to qualified residents of the Town of Leesburg; and WHEREAS, the proposed alternative personal property tax rate would be .001 per $100 of assessed value; and WHEREAS, before such a rate could be levied, a public hearing must first be held and an ordinance duly adopted: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that a public hearing will be held on September 10, 1991, at 7:30 P.M. in the Town Council chambers located at 25 W. Market St., Leesburg, VA., for the purpose of considering an alternative personal property tax rate for elderly and handicapped residents of the Town of Leesburg. 91-159 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN TttE TOWN'S SERVICE WHEREAS, the fiscal year 1992 budget included new Parking Lot Attendant positions at pa)' grade 2; and WHEREAS, it has been determined that the Parking Control Officer position has a similar level of duties and responsibilities; and WHEREAS, the Parking Control Officer position is currently assigned pay grade 1; and WHEREAS, during meetings between Town Council and its Economic Development Advisory Commission on July 13, 1991, and July 15, 1991, significant discussions were held regarding the town's economic development role in the community; and Minutes of July 23, 1991 WHE~, it was determined that the assistant town manager should be assigned additional economic development responsibilities to increase the town's effort to ensure the local economy recovers as quickly as possible from the international recession. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The positions and number of employees in the town services established for the fiscal year beginning July 1, 1991 are amended as follows: Number of Full-Time Equivalent Positions Available LEGISLATIVE DEPARTMENT Clerk of Council 1 EXECUTIVE DEPARTMENT Manager Assistant Town Manager for Economic Development and Administration Executive Secretary Personnel Officer Public Information Officer Clerk Typist FINANCE DEPARTMENT Director of Finance Assistant Director of Finance Accounting Clerk II Accounting Clerk I Systems Technician Utility Billing Technician POLICE DEPARTMENT Chief of Police Captain Lieutenant Sergeant Corporal Police Officer Police Office 1st Class Administrative Secretary Secretary Parking Control Officer Data Entry Clerk 1 2 1 10 3 11 5 1 1 1 1 ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering and Public Works Traffic Engineer Administrative Secretary ENGINEERING AND INSPECTIONS Chief of Plan Review Chief of Operations/Inspections Engineer II Engineer I Capital Projects Coordinator Capital Projects Representative Senior Inspector Facility Inspector 1 1 3 1 1 1 1 3 STREET MAINTENANCE Superintendent AsSt. Superintendent Maintenance Worker II Maintenance Worker I Laborer 1 1 4 5 8 EQUIPMENT MAINTENANCE Minutes of July 23, 1991 Superintendent Asst. Superintendent Heavy Equipment Operator Mechanic I Laborer PARKING METERS AND LOTS Parking Attendant (part-time) PLANNING, ZONING AND DEVELOPMENT Dir. Planning, Zoning & Development Chief of Current Planning Zoning Administrator Principal Planner Planner II Planner I Assistant Zoning Administrator Zoning and Development Assistant Administrative Secretary Secretary PARKS AND RECREATION Director of Parks and Recreation Administrative Secretary Recreation Coordinator Recreation Supervisor Parks & Marketing Coordinator Center Supervisor Aquatics Supervisor Desk Clerk Recreation Attendant (part-time) Lifeguard (part-time) UTILITIES ADMINISTRATION Director of Utilities Engineer II Senior Utility Plant Mechanic Administrative Secretary Asst. Utility Plant Mechanic WATER POLLUTION CONTROL Superintendent Asst. Superintendent Senior Operator Operator I Operator III Equipment Operator Laborer UTILITY LINES Superintendent Asst. Superintendent Maintenance Maintenance Worker II Maintenance Worker I Meter Technician Laborer WATER SUPPLY Superintendent Operator I Operator II Operator Ill Operator IV TOTAL PERSONNEL AUTHORIZED 1.5¸ 1 1 1 1 1 1 2 3 3.4 9 1 2 3 1 1 Minutes of July 23, 1991 Full-time Equivalent 162.9 Part-time 13.4 91-160 - RESOLUTION - AUTHORIZING FUNDING FOR LEESBURG RENAISSANCE WHEREAS, Council adopted on June 27, 1990, Resolution No. 90-160, which established Le~sburg Renaissance and the conditions required for matching town fundinF, and WHEREAS, as one of the conditions of funding, Leesburg Renaissance must receive Council authorization of programs that are to be initiated and implemented; and WHEREAS, the Leesburg Renaissance has conducted promotional programs such as A Taste of Leesburg; and WHEREAS, active promotion of Leesburg during difficult economic conditions is necessary and welcome by town businesses and citizens; and WHEREAS, the Leesburg Renaissance Board of Directors adopted its short-term objectives and presented them at the February 5, 1991, Administration and Public Works Committee meeting and provided the Town Council with a projected cost of future events and programs to meet these objectives; and WHEREAS, Leesburg Renaissance continues to implement its comprehensive plan, Planning for Progress: 1990 and Beyond, to promote the economic development of the Town of LeesburE. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The fiscal year 1991 final request for matching funding in the amount of $9,795 for Leesburg Renaissance expenditures through June 30, 1991, is hereby authorized. 91-161 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR BEAUREGARD ESTATES PHASE I WHEREAS, the NP Corporation, the developers of Beauregard Estates Phase I, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the period agreed to in the contract for public improvements and previous time extension; and WHEREAS, the developer has requested a time extension to September 1, 1991 to complete the public improvements; and WHEREAS, the letter of credit from Signet Bank/Maryland, which guarantees the installation of public improvements in Beauregard Estates Phase I, in the amount of $206,991.84 automatically renews for additional one-year periods; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $206,991.84 to guarantee installation of the remaining public improvements in Beauregard Estates Phase I. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Renewal of the letter of credit from Signet Bank/Maryland in the amount of $206,991.84 in a form approved by the Town Attorney and a time extension to September 1, 1991 for the installation of public improvements are hereby approved for Beauregard Estates Phase I. 91-162 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT CARDINAL INDUSTRIAL PARK LOT 2 WHEREAS, M.G. Britt, Sr., the developer of Cardinal Industrial Park Lot 2, 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 bond from Fidelity and Deposit Company of Maryland in the amount of $34,500.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $1,725.00 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. 91-163 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE AND Minutes of July 23, 1991 RELEASING A LETTER OF CREDIT FOR THE WARREN HILL SUBDMSION WHE~, Council Resolution #91-79 approved a letter of credit from Farmers and Mechanics National Bank in the amount of $219,200.00 as security to guarantee installation of public improvements by the Makela Corporation, as shown on plans approved by the Director of Engineering for the Warren Hill Subdivision; and WHE~, the Makela Corporation, the owner of the Warren Hill Subdivision, has presented a corporate surety bond from Westchester Fire Insurance Company in the amount of $219,200.00 to replace the approved letter of credit and is requesting approval of the new performance guarantee and release of the letter of credit. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from Westchester Fire Insurance Company in the amount of $219,200.00 is approved to replace the letter of credit from Farmers and Mechanics National Bank to guarantee the installation of public improvements in the Warren Hill Subdivision. SECTION II. The letter of credit No. 8023235-91562 from Farmers and Mechanics National Bank in the amount of $219,200.00 is hereby released. 91-164 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE WOODLEA MANOR RECREATION CENTER WHEREAS, Elm Street Development. Inc., the developer of the Woodlea Manor Recreation Center, 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 HomeFed Bank, Federal Savings Bank, in the amount of $60,939.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $3,047.00 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. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin Mr. Brown briefly summarized the following resolution in lieu of the reading. On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 91-165 - RESOLUTION - REJECTING THE PROPOSAL OF THE MICHAEL ROLBAND CO., INC. TO DEVELOP TOWN-OWNED PROPERTY AT 6-12 LOUDOUN ST., S.W. WHEREAS, in January, 1991, the town released a Request For Proposal to various development firms for the purpose of leasing and developing the in-fill space at 6-12 Loudoun St., S.W. fronting the new parking garage; and WHEREAS, the purpose of leasing and developing this property was to generate revenue for the town, provide a screen for the south elevation of the parking garage, create economic development downtown and generate parking demand for the new garage; and WHEREAS, the town received one response to the RFP from The Michael Relband Co., Inc. for the lease and development of the property; and WHEREAS, after careful review and evaluation it has been determined that due to the current condition of the local real estate market the economic viability of the project for the town and the developer is questionable providing no incentive to continue with the project until such time as these conditions improve: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the proposal received from The Michael Relband Co., Inc. to lease and develop 6-12 Loudoun St., S.W. is rejected and the manager is authorized to return the $2,000 bid bond submitted with the proposal. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and Minutes of July 23, 1991 unanimously adopted. 91-166 - RESOLUTION - AUTHORIZING THE TRANSFER AND SAI,E OF TOWN PROPERTY WHEREAS, an offer has been received from Michael B. Edelheit whereby the town will convey 8,754 square feet to him in exchange for 4,921 square feet of his property and $1,000.00; and WHEREAS, the said land which was conveyed to the town by the Commonwealth of Virginia is not needed for present or future right-of-way purposes and is therefore surplus and available for sale; and WHE~, the land is needed by the applicant to meet Planning Commission conditions to proceed with his business expansion; and WHE~, the Town's 8,754 square feet of land was originally acquired to provide additional right-of-way width for Lawson Road; and WHEREAS, Lawson Road was realigned and constructed without including the Town's 8,754 square feet; and WHEREAS, the town requires the 4,921 square feet for widening of Lawson Road; and WHEREAS, certified appraisers representing both parties determined the difference in the value between the three parcels to be at least $500.00; and WHEREAS, Michael B. Edelheit has offered $1,000.00 in addition to 4,921 square feet: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor is hereby authorized to execute a quit claim deed of 8,754 square feet of land to Michael B. Edelheit for the sum of $1,000.00 and the conveyance of 4,921 square feet of land owned by Michael B. Edelheit to be conveyed in fee to the town. SECTION II. The Mayor is hereby authorized to execute an agreement to this effect and any and all deeds or other documents necessary for the transfer, on behalf of the Town of Leesburg of 8,754 square feet of town property without warranty to Michael B. Edelheit~ in exchange for the said 4,921 square feet of property to be conveyed by him to the town free and clear of any and all defects, liens and encumbrances and the sum of $1,000.00. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin The resolution was adopted by a roll call vote of 6-0-1 NEW BUSINESS On motion of Mr. Clem, seconded by Mr. Kimball, the following resolution was proposed and unanimously adopted. 91-167 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND A SEWER EXTENSION PERMIT FOR OLD MILL KENNELS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Old Mill Kennels. SECTION II. The extension of municipal sewer for Old Mill Kennels is approved in accordance with Section 15-9 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from Patriot National Bank in the amount of $34,000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Old Mill Kennels. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin On motion of, and duly seconded, the meeting was adjourned at 12:40 a.m. Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Councilmember Lovin Robert ~.. S~evila, Mayor Clerk of Cou~c±l