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HomeMy Public PortalAbout1991_10_09MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL OCTOBER 9, 1991 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West Market Street. Leesburg, Virginia on Wednesday, October 9, 1991 at 7:30 p.m. The meeting was called to order by the Mayor. INVOCATION given by Councilmember Donald A. Kimball. SALUTE TO THE FLAG led by Town Manager Steven C. Brown 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: Town Manager Steven C. Brown Assistant Town Manager for Economic Development and Administration Peter Stephenson Director of Planning, Zoning and Development Michael Tompkins Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Gary Huff Director of Utilities Randolph W. Shoemaker Planner I Gene Arner Chief of Plan Review Paul Gauthier Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland PETITIONERS 1. Mr. Stephen Rigelsk¥ Executive Vice President of Amurcon Corporation of Virginia, addressed the Council with regard to the sewer and water availability fees. Mr. Rigelsky read a letter dated October 7, 1991. His letter is attached and made a part of the minutes. He stated that Amurcon feels they should pay the fair share for apartments based on consumption. If the proposed availability fee, based on the per gallon consumption, was applied against the actual consumption number of 123 gallons, the combined sewer and water availability fee would be $2,097.00. Mayor Sevila referred to Mr. Rigelsky's chart in his letter and asked if Amurcon used the occupancy rates against consumption to determine usage per unit. Mr. Rigelsky stated yes. Councilmember Kimball asked if staff looked into the possibility of the extra tier. Mr. Brown stated yes, included in the Council's packet are two-tiers. Mr. Shoemaker stated that staff did look at the consumption figures for apartments, however, in considering a tiered structure there are numerous other considerations then just the actual consumption per unit. For example, fire flow requirements for single-family versus apartments. Staff felt that a two-tiered approach would be much simpler then a complex schedule such as the sanitation authority's. 2. Mr. Mark D. Simms representing Trafalgar House - landowners within the Town of Leesburg, addressed the Council with regard to agenda item 9.(f) and referred to a letter from Trafalgar House, dated October 8, 1991 which addresses the issue of concern. This letter is attached and made a pa~ of the minutes. He stated that the Trafalgar House property in Leesburg is known as Greenway Farm located on Route 15 south. He stated that the capital improvement project that is being deferred in the proposed legislation will have a direct impact on the Greenway Farm development. We are asking for adequate consideration be given to all of the impacts of deferring those capital improvements. Any delay may delay this project more then one year. There are substantial benefits to be gained by the Town of Leesburg if this project is allowed to proceed. Mr. Simms asked that the town consider doing, Minutes of October 9, 1991 as a minimum, those portions of the improvements which will allow development of the Greenway Farm property. Mr. Simms also asked the Council to direct the staff to consider allowing Trafalgar House to use interim flows. There are a number of conditions which dictate whether interim flows for fire flow purposes are allowed. This will, in part~ be dependent on what schedule the town intends to proceed with on the water main. Mr. Clem asked Mr. Simms if his timetable for construction is accurate. Mr. Simms stated that it is their intent to commence construction on the property at the earliest possible time once all of the plans have been approved. Mr. Clem noted that the first construction was planned for 1993. Mr. Simms stated that there was a substantial amount of land development activity with this project. One of which being a regional pond on the property which needs to be in place in order to deliver lots. A lot of up-front work must be done. The way the approval conditions are stated we will not be permitted to receive plan approval until such time as the water main extension is a viable thing. 3. Mr. Dave Daugherty President of the Loudoun County Transportation Association, addressed the Council extendi:~ ~.~' his appreciation for the Council support of this organization and presented a brief report on the organization's progress. 4. Mr. Randy Minchew of Hazel and Thomas Attorneys and representing First Potomac Development Corporation, addressed the Council with regard to agenda item 9.(b). He stated that at 4:00 p.m., this afternoon he received a letter from Mr. Edward Taylor, President of CBRE Holding, Inc., owner of the Lee Center property. The letter states that the Leesburg Auto Park proffers have met with their approval. This letter is attached and made a part of the minutes. He stated that he is pleased to present proffers on the Leesburg Auto Park application which meet the approval of all parties concerned. 5. Mr. Eric Zicht a businessman in the Town of Leesburg, addressed the Council with regard to the proposed water and sewer rates. He expressed disappointment in the way this is heading. No one is questioning the need to raise rates to some degree, however, there has not been any movement to look at the spending side of this equation. We seem to be jumping too quickly to raising the rates. There are no real spending cuts proposed at this time only deferrals of capital improvement projects. Leesburg's system is very expensive. He based his findings on several reports from the September 1991 Virginia Water Resources Research Center. The article is about water sewage treatment plants and according to the article for its class - i to 2 million gallons per day of treatment, Leesburg's rates will be about 3 times the average in the state of Virginia. Another report prepared by the State Health Department (Report of the Task Force on Septic Regulations prepared by the Institute for Environmental Negotiations University of Virginia) states "for comparative purposes the cost of being connected to a centralized sewer system in Virginia in 1990 range from $40.00 to $3,200.00 with a median of $450.00." Mr. Zicht suggested that the Council look at these reports and look into some spending reductions before putting this burden on water and sewer customers and setting a bad precedent going into the budget of just raising taxes. COUNCILMEMBER COMMENTS Councilmember Webb no comment. Councilmember Lovin stated that he attended the 82nd Annual Virginia Municipal League Conference in Roanoke, Virginia. At this conference he had the opportunity to hear Lieutenant Governor Beyer and the Secretary of Transportation. It was very interesting talking with elected officials of towns and cities in Virginia. Councilmember Clem thanked Mr. Brown and Mr. Mason for the Activity Report. Councilmember Kimball no comment. Councilmember Forester wished to congratulate the winners of the Meadow Muffin Contest and the Homecoming Queen Ms. Kim Kozikowski. Mrs. Forester also attended the VML conference and stated that it is always good to get together other elected officials. She stated that she was seated next to the Mayor of Victoria, Virginia who her that Victoria has one of the lowest tax rates in the state of Virginia. His town has a populau,,~ of under 2000 citizens and the tax rate is .17 cents. Councilmember Bange stated that she attended the Parks and Recreation Advisory Commission meeti n g. The commission has as a top priority to move Ida Lee Park forward. They are continuing to encourage memberships, class enrollment and donations. Much new equipment has been purchased this year h'om the revenue fees of classes held at Ida Lee. The commission has also instigated an Adopt-A-Park program. She was very pleased to attend the Economic Development Advisory Commission meeting. The commission is looking forward to an expanded commission and is trying to get Leesburg designated as a certified business community. Minutes of October 9, 1991 MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written Activity Report and reported on several items. Clerk of Council, Barbara Markland, attended the Annual Municipal Clerk's Institute and is now eligible to apply for certification as a Certified Municipal Clerk. The vo tech's project in Potomac Crossing is underway which the Council assisted with by waiving the availability fees. Congratulations to the Council and Engineering and Public Works Department for completing the storm drainage project on Loudoun Street. 4. Planner Kristie Lalire gave birth on September 26, to a son. LEGISLATION 9.(a) Mr. Brown stated that this legislation is required to increase the rates for water and sewer availability fees and user fees within the Town of Leesburg. He then reviewed the proposed ordinance. He stated that a public hearing was held and there have been a number of committee meetings and a special meeting was also held on this issue. Mayor Sevila stated that in the past the rates have been based on a residential use and asked what the estimate for residential use was in the past? Mr. Shoemaker stated that the basis for water and sewer consumption used, prior to this proposed legislation, for sewer on a single-family unit was 363 gallons per day (gpd). Our adjusted basis is 350 gpd. For water for a single-family residential connection was 580 gpd. He stated that he cannot explain the discrepancy but this was brought in line with the sewer to 350 gpd which is consistent with other jurisdictions in Northern Virginia (Prince William, Loudoun County and Faiffax). Mayor Sevila noted that Mr. Rigelsky has proposed a multi-tiered rate that would separate single- family, townhouse, multi-family and condominiums. He asked if there was any practical justification for attempting that approach. Mr. Shoemaker stated that a recommendation from the town's financial consultants did not recommend a tiered structure. It was only after Council's deliberations and request for an alternative that a two- tiered structure was proposed. The consultants felt that the town's utility fund could remain solvent in a two-tiered structure of that magnitude. If there was further deviation from their financial model, the impact is not known. Mr. Webb asked what the proposed percent increase is for tap fees and user fees. Mr. Shoemaker stated that the proposed increase for multi-family is 37 percent and a 71 percent increase for single-family. A 35 percent increase is proposed for every connection on the water and sewer user fee. MOTION: On motion of Mr. Kimball, seconded by Mr. Lovin, the following ordinance was proposed and adopted. 91-0-46 - ORDINANCE - AMENDING CHAPTER 15, ARTICLES I AND III AND CHAPTER 19, ARTICLES II AND III OF THE TOWN CODE TO INCREASE UTILITY FEES WHEREAS, on February 27, 1991, the town entered into a contract with the consulting firm of Deloitte & Touche for the purpose of conducting a comprehensive water and wastewater cost of service and rate design study of the town's utility system; and WHEREAS, a copy of their cost of service and rate design study was presented to the Council with recommended rates for water and sewer user fees, availability fees and other utility system fees and charges beginning in fiscal year 1992 through 1996; and WHEREAS, in accordance with the Code of Virginia, Section 15.1-29.14, a public hearing was held on September 10, 1991, at 7:30 P.M. in the Town Council Chambers for the purpose of considering the rates and fees recommended; and WHEREAS, in response to the public concerns expressed at the September 10, 1991, public hearing, alternative rates were prepared and presented to Council on September 17, 1991, for additional consideration; and Minutes of October 9, 1991 WHEREAS, the Council has decided that Alternative III of the Deloitte & Touche prepared alternative rates is most feasible for the town; and WHEREAS, the recommended rates and fees are necessary to fund the town's utility system and meet the costs of its operating expenses, debt service and capital projects throughout this period: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 15, Articles I and II of the Town Code, is hereby amended as follows: Sec. 15-12. (1) Fee for sewer connection-within corporate limits. The fee for a four-inch diameter connection within the town where the town provides all materials, equipment and labor for installation of a sewer connection shall be $799.99 $1,300.00. (2) The fee for a four-inch or greater diameter connection within the town where a developer or subdivider provides all materials, equipment and labor for installation of a sewer connection shall be $50.00. Sec. 15-14. Availability charge for sewer service. (e) The fees provided in this section shall be reduced by $2,949.99 $3,555.00 for lots of record for which a connection fee was paid prior to June 10, 1970. (fl Sewer service availability fees for residential uses shall be as follows: Discharge Facili .ty Fee ~::~ bedroom, Multi-family dwelling~ townhouse -'"*~"+ ~' ...... + or mobile home, per unit $2,9~.9.99 $2,845.00 de~ched dwelling, each or ~o-family a~ched (duplex), per unit ~2 9~9.99 $2,040.99 $3~579.~ (g) Sewer service availability fees for non-residential uses shall be $2,9~.0.09 $3,555.00 or more, depending on the estimated sewage flow and required treatment characteristics from the user as compared to the sewage flow and required treatment characteristics from the average single- family dwelling. Fees shall be calculated as follows: All non-industrial uses: mo~_,~a~a.~.~an $3,555.00 or m~.~.~. ~ $10.15 per gallon per day of the estimated sewage flow from the user, whichever is greater. All industrial uses: the greater~_~r --,~m° n~a_~.~oh $3,555.00 or ~.~-mr a~ $10.15 per gallon per day of the estimated sewage flow from the user, plus an additional charge in proportion to the excess biochemical oxygen demand, suspended solids or other pollutant discharge of the user above the average pollutant discharge of residential users on the system. Sec. 15-57. Charge where connection made to both water and sewer system. Where connection has been made to both the town water and sewer system, the charge for use of the sewer system shall be based on time and quarterly water meter readings taken to the nearest 1,000 gallons as follows: for premises inside the town, the rate shall be $1.59 $2.25 per quarter plus ~ $2.57 per 1,000 gallons. Sec. 15-58. Charge where connection made to sewer system only-generally. Where connection has been made to the town sewer system only, the charge for use of the sewer system shall be as follows: for premises inside the town, the charge shall be $~5.00 $2.25 plus $80.95 per quarter. Sec. 15-62. Deposit for new accounts. (a) The treasurer shall require of all new sewer accounts that serve residences, small commercial users and heavy, commercial users a cash deposit as follows: For residences and small commercial users, if the property is located within the municipal limits $60.00. Minutes of October 9, 1991 For heavy, commercial users, the deposit shall be 200 percent of estimated quarterly usage times the commercial rate per 1,000 gallons for sewer use. (b) The deposit will be refunded, without interest, when service has been discontinued, after deducting any charges due on final settlement of the customer's account. Sec. 15-63. Service charge for new accounts. A service charge of $10.00 shall be made for all new sewer accounts. SECTION II. Chapter 19, Articles II and III of the Town Code, is amended as follows: Sec. 19-21. Connection fee-within corporate limits. (1) The fee for a three-quarter-inch diameter connection within the town where the town provides all materials, equipment and labor for installation of a water connection shall be $799.99 $1,300.00. (2) The fee for a three-quarter-inch diameter connection within the town where a developer or subdivider provides all materials except the meter, meter box, lid and setting, all equipment and labor for installation of a water connection shall be $159.99 $180.00. The fee for any connection larger than three-quarter-inch diameter inside the town where a developer or subdivider provides all materials except the meter, meter box, lid and setting shall be $50.00 plus the cost of all materials. (44(5) Connection permit fees shall be paid prior to the issuance of a zoning permit. Sec. 19-23. Availability charges for water service. (e) The fees provided in this section shall be reduced by $1,459.99 $2,415.00 for lots of record for which a connection fee was paid prior to June 10, 1970. (fl Water system availability fees 'for residential uses shall be as follows: Use Fee T'::c bcn_rc~.'r.., Multi-family dwelling, ~ townhouse .,~+~,,+ ~, ...... "' '-'"~ or mobile home, per unit ~'~ Arn nn $1 ~-, ...... ,935.00 detached dwelling~ or B~ro-family a~mched (duplex), per unit $2,415.00 $1,450.00 (g) Water service availability fees for non-residential uses shall be~.,c~ Arn. vv.wnn $2,415.00 or more, depending on the estimated water flow to the user as compared to the water flow to the average single-family dwelling. Fees shall be calculated as follows: All other uses:~_,~ ~r.~._v.~r~ $2,415.00 or co._.~rn $6.90 per gallon per day of the estimated water flow to the user, whichever is greater. ARTICLE III. WATERWORKS USE AND SERVICE CHARGES Sec. 19-43. Deposit for new accounts. (1) For residences and small commercial uses, if the property is located within the municipal limits, th'.'..~:y ($~9.99) fifty ($50.00) dollars. Sec. 19-45. Rates established. The charge for use of water from the town water system shall be based on quarterly meter readings taken to the nearest 1,000 gallons at the following rates: for premises inside the town, the rate shall be $1.59 $2.25 per quarter, plus $1.55 $2.13 per 1,000 gallons. Sec. 19-47. Rate for water drawn at public meter. The charge for each purchase of water drawn at the public meter ~.nsfde the town at the water treatment plant shall be $3.00 plus $2.~r~J $3.00 per 1,000 gallons for all water drawn. Minutes of October 9, 1991 Sec. 19-53. When due and payable; notice, late payment penalty and second billing to delinquent accounts; discontinuance of service to delinquent accounts. Water bills are due and payable within 30 days from the date of billing. Any billing that remains unpaid after 30 days is subject to a 10 percent late payment penal .t¥ which amount will be added to the total amount due and payable. A final notice shall be mailed, together with a second billing, which will include the late payment penalty at the end of 30 days from the date of billing, and water service will be discontinued if not paid in full within ten days from the date of such notice. When service is so discontinued, a fee for the resumption of service, in the amount of $5.99 $20.00, shall be charged. Sec. 19-63. Denial or discontinuance of service. Water service to a consumer shall be denied or discontinued upon continuation of any violation beyond the time limit provided in the notice given pursuant Section 19-62. When service is so discontinued, a fee for this resumption of service, after correction of said violation, in the amount of $19.90 $20.00, shall be charged. SECTION III. This ordinance shall be in effect upon its passage. DISCUSSION: Mr. Webb stated that there are a lot of citizens and businesses that cannot afford this increase. Under the present economic conditions a $35.00 or $40.00 increase is a lot for some people. He stated that he would not support a 35 percent increase. Mr. Lovin stated that he will vote for the increase. A 35 percent increase will take the fund's financial condition out of a deficit. Anyone who lives east and west of the bypass will pay higher rates than what is being proposed. Those individuals on fixed incomes are eligible to apply for tax relief which allows for a 25 percent discount on water and sewer bills. A 35 percent increase is unpleasant but it is justified. Mr. Clem stated that no one wants to support a rate increase, however, we must do it. We should also keep in mind that we can come down on this rate as things become favorable in time. He expressed concern with the availability fees and stated that he would like to see staff re-visit this issue in terms of setting up a multi-tiered program and lowering the fees. Mr. Kimball assessment. services. He agreed with Mr. Clem. He asked staff to look into a third tier and do an impact He also shared Mr. Webb's concerns and the concern of financing the town's central stated that he is prepared to support the increase. Mrs. Forester echoed Mr. Kimball's and Mr. Lovin's comments. She stated that no one looks forward to this increase. It has been a very difficult issue for everyone. This Council took a stand a few months ago to scale down the proposed expansion of the wastewater treatment plant. She will reluctantly support the increase. Ms. Bange also echoed her fellow councilmembers. She stated that she is not happy with any increase. We must prevent ourselves from finding ourselves in this predicament again. We need to look at our budget, our funding and spending right away. Mayor Sevila stated that the Council is always reluctant to increase any fees in our community. This proposed user fee is substantially reduced from the first schedule of 50 percent down to 35 percent. This is the most that we can reduce these fees and continue to operate these essential funds with the required positive balance. Not only would it be impractical to legislate a negative balance in any of our funds - it would be unlawful to do so. We are compelled to do this. With the same reluctance and regret I will support the increase. Mayor Sevila asked staff to look into the feasibility of going to a multi-tiered structure. What ever system and rates we adopt for users and for availability it must be uniform and fair and must stand up to the kind of challenge presented by Mr. Rigelsky. Mr. Webb stated that there are a lot of citizens in Leesburg who are retirees. Most of them have not received an increase in their retirement benefits in several years. He asked where the additional money is going to come from for these individuals to support this 35 percent increase. Mr. Brown encouraged the citizens of the town to take advantage of the tax relief for the elderly and handicapped program. Those individuals should contact our finance department to determine eligibility. Mr. York addressed the Council further explaining the tax relief program and encouraged everyone who may be eligible to contact the finance department. VOTE: The ordinance was adopted by a roll call vote of 6-1. Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin and Mayor Sevila Councilmember Webb 9. (b) Minutes of October 9, 1991 Planner II, Sally Vecchio addressed the Council presenting a staff report on the following proposed legislation. She stated that ail of the application requirements have been met by the applicant including signed and notarized proffers. She explained that the Council has two ordinances for consideration one specifically deals with proffer number 13 which is relative to the timing of the closure of Keystone Boulevard. Per the Planning and Zoning Committee's direction staff met with property owners of Lee Center and the auto park in an attempt to develop a phasing plan for the closure of Keystone that would be not only consistent with Town Plan policies but also with the previously approved development conditions on the Lee Center property. The difference between proposed legislation Alternative A and Alternative B is how we phase the closure of Keystone Boulevard. Alternative B, proffer 13 states "the Keystone Drive/Route 7 Intersection is subject to elimination by the Town and/or VDOT as such time as alternative access to the subject property from Route 7 is provided by other." Substitute Alternative A states" Keystone Drive/Route 7 Intersection may not be eliminated until such time as others complete construction of the Route 7/Battlefield Parkway at-grade intersection or grade separated interchange and complete construction of the Route 7/Route 653 at-grade or grade-separated interchange with Russell Branch Parkway providing access between east Battlefield Parkway and Route 653 ..... Within 60 days of those improvements a traffic study may be provided by others. If the traffic study demonstrates unacceptable levels of service then Keystone may not be closed .... Notwithstanding the above, Keystone Drive will be eliminated upon the completion of the construction of the east Battlefield grade-separated interchange." Relative to all of the other proffers, staff is satisfied that they meet the town's standard requirements. This is a rezoning request from an I-1 Industrial Park zoning district to a B-3 Commercial Retail Center district on 20 acres bounded by Route 7, Keystone Drive and the wastewater treatment plant to allow~ by special exception, up to 100,000 square feet of vehicle sales development on this site. The applicant has also concurrently filed the special exception request to allow 100,000 square feet of vehicle sales and secondary uses on the site which is also before the Council for consideration tonight. With this rezoning, the applicant has provided a proffer package including transportation improvements, offsite and on-site, a contribution of 7 acres for the expansion of the wastewater treatment plant, and contributions to the fire and rescue facility. This application does not meet the Town Plan criteria for planned employment. That concern has been echoed by the Planning Commission who recommended denial of the application and by the AADP Joint Policy Review Committee who also recommended denial of the application based on inconsistencies with the AADP's. Staff recommends denial based on the inconsistency of this application with the Town Plan. If the Council recommends approval, staff recommends that Substitute Alternative A be the alternative considered. MOTION: Mr. Webb made the motion to approve the rezoning application, Substitute Alternative A and the special exception application, the motion was seconded by Mr. Clem. 91-0-47 - ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP AND TOWN PLAN LAND USE POLICY MAP FOR #ZM-129 FOR LEESBURG AUTO PARK BY FIRST POTOMAC DEVELOPMENT CORPORATION WHEREAS, On December 12, 1990, the Town Council received and referred to the Planning Commission an application for rezoning a 20.7-acre parcel of land located south of Route 7 and west of Keystone Boulevard from I-1 to a B-3 Community/Retail Commercial zoning district; and WHEREAS, the applicable section of the Town Plan Land Use Policy Map recommends this property for development of planned employment uses; and WHEREAS, on February 7, 1991, the Planning Commission held a public hearing to consider this application with proffers to allow only vehicle sales and/or rental facilities by special exception; and WHEREAS, on May 9, 1991, following an extension of time requested by the applicant, the Planning Commission recommended denial of this application for non-conformance with the Town Plan Land Use Policy Map and the Annexation Area Development Policies; and WHEREAS, on July 23, 1991, the Town Council held a public hearing to consider this rezoning application; and WHEREAS, on September 26, 1991, the Joint Policy Review Committee supported the Planning Commission's recommendation and further recommended to Council denial of this application based on non-conformance with the Annexation Area Development Policies land use policies along Route 7 which recommend planned employment uses for this property; and WHEREAS, the Town Council believes that the Town Plan goals and objectives can be better served by amending the Land Use Policy Map to illustrate this 20-acre parcel as a corridor commercial use; and Minutes of October 9, 1991 WHEREAS, the proposed B-3 zoning district is consistent with the Corridor Commercial land use policies of the Town Plan; and WHEREAS, this rezoning request is in the interest of the public necessity, convenience, and general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-129 Leesburg Auto Park by First Potomac Development Corporation is hereby approved and the Town Plan Land Use Policy Map is amended to illustrate this parcel as a Corridor Commercial. The Leesburg Zoning District Map is hereby amended from I-1 Industrial Research Park to B-3 Community Retail District subject to the following proffers dated , 1991 and in accordance with the provisions of Section 15.1--491(a) of the 1950 Code of Virginia, as amended, for the 20.7 acres identified as Loudoun County Tax Map Parcel 49((5))-A: Development of the Subject Property shall be in substantial conformance with the Rezoning Concept Plan prepared by Patton, Harris, Rust & Associates (PHR&A) and dated November, 1990, as revised October 3, 1991, subject to minor engineering changes and adjustment as warranted during the development plan approval process. The record owner of the subject property or its successors-in-interest shall dedicate in fee simple to the Town of Leesburg approximately 7.0 acres of land adjacent to the existing Leesburg Sewage Treatment Plant~ as may be adjusted to accommodate for Russell Branch Parkway, on lands not included within the Subject Property but owned by Leegate Corporation, N.V., as illustrated in the Rezoning Concept Plan. Dedication free and clear of all liens, shall take place within 60 days of final rezoning approval subsequent to a determination that no appeals have been filed contesting the validity of the Leesburg Auto Park rezoning. o Use of the Subject Property shall be confined to vehicle sales and/or rental facilities (only as may be accessory to the principal vehicles sales uses) as allowed pursuant to a special exception under Section 4C-3(4)(d) of the Zoning Ordinance of the Town of Leesburg in Virginia (1990). The Applicant has applied for such a special exception and is seeking approval of this special exception concurrent with the conditional rezoning approval sought herein and understands that approval of this rezoning is not contingent upon approval of the special exception. None of the land uses allowed by-right in the B-3 zoning district, itemized as Permitted Uses in Section 4C- 2 of the Zoning Ordinance of the Town of Leesburg in Virginia (1990), shall be allowed on the Subject Property unless a proffer condition amendment to these proffers is granted by the Town Council. The record owner of the Subject Property or its successors-in-interest shall reserve for future conveyance, grading easements and permanent slope easements in and on approximately 1.68 acres of land located along the western boundary of the Subject Property for use by the Town, the Virginia Department of Transportation CVDOT"), or others in conjunction with the future construction of the southeastern quadrant of the Route 7-East Battlefield Parkway Interchange by the Town, VDOT, or others. This approximately 1.68-acre reservation area is shown shaded on the Rezoning Concept Plan and shall conform with the general limits of the construction shown on the Patton, Harris, Rust & Associates "Leegate North Preliminary Plans" for the East Battlefield Parkway/Route 7 Interchange, dated June, 1990. This reservation for future conveyance shall be accomplished by execution and recordation of a Deed of Reservation at no cost to the Town and without monetary compensation to the record owner of the Subject Property or its successors- in-interest. This Deed of Reservation shall be executed and recorded prior to approval of the first final development plan or first record plat for any portion of the Subject Property, which ever event may occur first. This Deed of Reservation shall, but its terms, exclude and prohibit the construction of any permanent structures within the 1.68-acre reserved area and shall state that conveyance of grading easements and permanent slope easements, by the record owner of the Subject Property or its successors-in-interest, in and on the aforesaid 1.68 acres shall take place not later than sixty (60) days after receipt by the Town of written notification by VDOT that VDOT has approved final design plans for the aforesaid East Battlefield Parkway/Route 7 Interchange requiring grading easements and permanent slope easements in and on the 1.68-acre reserved area. The Applicant and the record owner of the Subject Property or its successors-in-interest acknowledge that the final exact alignment and engineering plans of the East Battlefield Parkway/Route 7 Interchange has not yet been approved by the Town of Leesburg or VDOT. In order to provide design flexibility to accommodate the future approval of the aforementioned final exact alignment and engineering plans and ultimate construction of the interchange by others, the Applicant and the record owner of the Subject Property or its successors-in-interest agree to cooperate with the Town during the development of the Subject Property and to dedicate fee simple right-of-way and/or easement interests, at no cost to the Town, on the Subject Property, as may be appropriate, provided that such dedication does not materially alter their ability to develop the Subject Property in substantial conformance with the Rezoning Concept Plan as determined by the Town Zoning Administrator. The Applicant and the record owner of the Subject Property or its successors-in-interest further acknowledge that the movement and/or relocation of proposed buildings or parking areas may be necessitated due to the ultimate approved alignment of the East Battlefield Parkway/Route 7 Interchange. Furthermore, the Applicant and the record owner of the Subject Property or its successors-in- interest acknowledge that the proffered Rezoning Concept Plan does not constitute an approved Minutes of October 9, 1991 development plan and that the precise location and design of the interchange will not be determined until approval of the final development plan for the Leesburg Auto Park. In this regard, the record owner of the Subject Property or its successors-in-interest shall provide to the Town a preliminary interchange design plan package concurrent with the submission of the first record plat or first final development plan, whichever submission occurs first. The record owner of the Subject Property or its successors-in-interest shall construct the following improvements to the intersection of Keystone Drive and Route 7 as generally depicted on the Patton, Harris, Rust & Associates "Leesburg Auto Park Anticipated Route 7 Improvements," Concept Plan dated January 28, 1991, to achieve Level of Service (LOS) D or better conditions on all approaches and including. Lengthen the existing Route 7 westbound left.turn lane. Construct a Route 7 eastbound third lane adjacent to the Subject Property. Construct a Route 7 eastbound third lane in the existing right-of-way next to the Lee Center property (Loudoun Tax Map Parcel 49-23A) for an effective six-lane section. This commitment shall not be construed to be an obligation to construct full-frontage improvements along the Lee Center Route 7 frontage. Do Construct a Route 7 westbound third lane in the existing right-of-way next to the Twin Lakes (Loudoun County Tax Map Parcel 49-27A), Heider, and Cassidy (Loudoun County Tax Map Parcel 49-27C) properties. All intersection improvements will be built to the Town of Leesburg and VDOT standards with required turn lanes. All road improvements listed as Items A-D above shall be designed and bonded concurrent with approval of the first final development plan or first record plat, whichever occurs first, and shall be constructed and completed with the first phase of development. If the road improvements listed as Item A above are constructed or bonded by others prior to approval of the first final development plan or first record plat, whichever occurs first, the record owner of the Subject Property or its successors-in-interest, in lieu of providing the road · improvements listed as Item A above, shall design and construct a second westbound Route 7 left turn to allow for double left turns at the median crossover to southbound Keystone Drive. If the road improvements listed as Items C and D above are constructed or bonded by others prior to approval of the first final development plan or first record plat, whichever occurs first, the record owner of the Subject Property or its successors-in-interest, shall be relieved of the responsibility for implementing the improvements listed as Items C and D above. The record owner of the Subject Property or its successors-in-interest shall design a traffic signalization device for the intersection of Keystone Drive and Route 7 with the first submission of construction drawings for any portion of the 'Subject Property. The aforesaid traffic signalization device shall be installed at no cost to the Town within 90 days subsequent to issuance of a VDOT official written determination that sufficient minimum warrants exist requiring signalization at the Keystone Drive/Route 7 intersection. If such sufficient minimum warrants are not determined by VDOT to exist prior to issuance of the first Zoning Permit for any portion of the Subject Property, cash funds for the installation of this traffic signalization device shall be paid to the Town to be held in an interest-bearing fund whose monies shall be expended only toward the installation of this traffic signalization device. This payment shall not be made if construction funds for such signalization have been previously bonded ov supplied by others prior to issuance of the aforesaid first Zoning Permit. The record owner of the Subject Property or its successors-in-interest shall dedicate sufficient right-of-way as shown on the Rezoning Concept Plan for construction of a four-lane divided urban road section along Keystone Drive and shall construct two lanes along Keystone Drive These Keystone Drive improvements shall be on-half of the ultimate four-lane section with turn lanes and raised median pursuant to VDOT and Town standards and shall include right turn deceleration lanes at: A. Route 7 (northbound two turn lanes). B. Entrance to Subject Property (southbound ultimate right-in/out only). C. Russell Branch Parkway (southbound). The record owner of the Subject Property or its successors-in-interest shall construct two lanes of the ultimate four-lane divided Keystone Drive cross-section between Route 7 and Russell Branch Parkway during the first phase of development and concurrent with development under the first record plat or first final development plan, whichever occurs first. The record owner of the Subject Property or its successors-in-interest shall construct the remaining two lanes and raised median of the ultimate four-lane divided Keystone Drive cross-section between Route 7 and Russell Branch Parkway at such time as: (a) Keystone Drive is extended south of Russell Branch Parkway and into the Lee Center property by others, or (b) Russell Branch Parkway is extended east of Keystone Drive into Tuscarora Business Center by others, or (c) Russell Branch Parkway is extended west of East Battlefield Parkway. Minutes of October 9, 1991 The record owner of the Subject Property or its successors-in-interest shall be relieved of the responsibility of the aforementioned Keystone Drive improvements if these improvements are constructed or bonded by the owners of the Lee Center property (SBPL 89-49) prior to the issuance of the first Zoning Permit for any portion of the Subject Property. Dedication of the Keystone Drive right-of-way, free and clear of all liens, shall take place at time of approval of the first final development plan or first record plat, whichever occurs first. The record owner of the Subject Property or its successors-in-interest shall relocate the permanent access to the Leesburg Sewage Treatment Plant to two entrance points along Russell Branch Parkway as shown on the Rezoning Concept Plan during the first phase of development and concurrent with development under the first record plat or first final development plan, whichever occurs first. Both access points shall be designed in accordance with Town ~ndards. The first (eastern) permanent access shall be located approximately 600 feet west of Keystone Drive and shall be aligned with the existing western driveway to the Leesburg Sewage Treatment Plant. The second (western) permanent access shall be located approximately 1,075 feet west of Keystone Drive. Both permanent access point shall accommodate WB-50 truck access to the Leesburg Sewage Treatment Plant. Additionally, the record owner of the Subject Property or its successors-in- interest shall relocate the existing fence along the northern boundary of the Leesburg Sewage Treatment Plant to a new location on the south side of Russell Branch Parkway, at no cost to the Town, concurrent with construction of Russell Branch Parkway. The record owner of the Subject Property or its successors-in-interest shall construct temporary access in accordance with Town standards between the Town Maintenance Facility and the Russell Branch Parkway/Keystone Drive intersection to accommodate WB-50 truck access entering the Town Maintenance Facility south of Russell Branch Parkway during the first phase of development concurrent with development under the first record plat or first final development plan, whichever occurs first. Additionally, the record owner of the Subject Property or its successors-in-interest shall construct the ultimate access to the Town Maintenance Facility from Keystone Drive. This ultimate access shall be bonded or constructed prior to approval of the last final development plan or at such time as Keystone Boulevard is extended south of Russell Branch Parkway, whichever occurs first. The record owner of the Subject Property or its successors-in-interest shall dedicate right-of- way, free and clear of al! liens, for and construct Russell Branch Parkway as a four-lane divided urban through-collector road section as depicted on the Rezoning Concept Plan. Construction of Russell Branch Parkway shall take place during the first phase of development concurrent with development under the first final subdivision plat or first final development plan, whichever occurs first. The construction of this road section shall be conditioned upon dedication of 45 feet from centerline on the Town of Leesburg sewage treatment plant property for construction of the public street cul-de-sac with approximately 1,200 foot length. Dedication of the Russell Branch Parkway right-of-way, free and clear of all liens, shall take place prior to approval of the first final development plan or first record plat, whichever occurs first. 10. The record owner of the Subject Property or its successors-in-interest shall dedicate, free and clear of all liens, at time of approval of the first final development plan or first record plat, whichever occurs first, sufficient right-of-way to allow for a ninety-foot (90') right-of-way ultimate section roadway along proposed Russell Branch Parkway west of the cul-de-sac for the purpose of extending a street west of the Subject Property. The record owner of the Subject Property or its successors-in-interest shall pay to the Town cash funds for or construct that ultimate section of Russell Branch Parkway on the Subject Property west of the cul-de-sac to East Battlefield Parkway prior to issuance of the first Zoning Permit for any construction on Lot 4 or when final design plans for an East Battlefield Parkway/Route 7 intersection are approved by VDOT, whichever event occurs first. If cash funds are paid to the Town, these funds shall be held in an interest-bearing fund whose monies shall be expended only toward construction of that ultimate section of Russell Branch Parkway on the Subject Property west of the cul-de-sac to East Battlefield Parkway. 11. The record owner of the Subject Property or its successors-in-interest shall pay to the Town cash funds for or install a traffic signalization device at the intersection of the Subject Property entrance and Russell Branch Parkway prior to issuance of the final Zoning Permit for the Subject Property. If the cash funds are paid to the Town, these funds shall be held in an interest-bearing fund whose monies shall be expended only toward the installation of this traffic signalization device. The record owner of the Subject Property or its successors-in-interest shall submit design plans for this traffic signalization device with the first submission of construction drawings on the Subject Property. 12. The record owner of the Subject Property or its successors-in-interest, shall contribute up to the aggregate sum of Two Hundred Thousand Dollars ($200,000) (based on the projected 100,000 gross square feet of commercial building space), under the terms and conditions stated herein, as its pro rata, non-refundable, contribution toward the cost of regional roadway improvements within the area of the Town of Leesburg, including but not limited to, the construction of the off-site Route 7 improvements described in Proffer 5, above. This monetary contribution shall be equal to Two Dollars ($2.00) per gross square feet of commercial building space actually constructed on the Subject Property. These funds shall be paid into an escrow account established by the Town of Leesburg for the specific purpose of financing the construction of roadway improvements. The record owner of the Subject Property or its successors-in-interest, shall make payments on a square footage basis immediately prior to the Minutes of October 9, 1991 issuance of Zoning Permits for construction of individual commercial buildings on the Subject Property. Credit shall be given against the construction by the record owner of the Subject Property or its successors-in-interest of the off-site roadway improvements described in Proffer 5, Item D above. 13. The record owner of the Subject Property and its successors-in-interest shall provide, at no cost to the Town, temporary construction and permanent grading easements on-site for the Keystone Drive/Route 7 flyover as may be needed to facilitate construction by others of the aforesaid flyover pursuant to approved design and final construction plans prepared by others. The record owner of the Subject Property and its successors-in-interest acknowledge that the Keystone Drive/Route 7 intersection is an interim access which is subject to elimination by the Town and/or VDOT, without compensation to the record owner of the Subject Property or its successors-in-interest" but further acknowledge that such interim access may not be eliminated by the Town and/or VDOT until such time as other complete construction of a Route 7/East Battlefield Parkway at-grade intersection or grade-separated interchange and complete construction of a Route 7/Route 653 at-grade intersection or grade-separated interchange with Russell Branch Parkway providing access between East Battlefield Parkway and Route 653 (hereinafter referred to collectively, as "Alternative Route 7 Access"). Notwithstanding the immediately prior paragraph, if a traffic study based on the traffic generated by the phased development of Leegate, Lee Center Business Park, and Tuscarora Business Park is provided within sixty (60) days of completion of the aforementioned Alternative Route 7 Access and at no cost to the Town by others which demonstrates to the satisfaction of the Town that: (a) Level of Service (LOS) D or better conditions do not exist at either the Route 7/East Battlefield Parkway intersection or interchange or the Route 7/Route 653 intersection or interchange, or Co) LOS C or better conditions do not exist at any of the at-grade intersections on Russell Branch Parkway from the East Battlefield Parkway/Russell Branch Parkway intersection to the Route 653/Russell Branch Parkway intersection, then, the Keystone Drive/Route 7 intersection shall not be closed. Notwithstanding the other paragraphs in this Proffer, the Keystone Drive/Route 7 intersection shall be closed immediately upon the completion of construction of the East Battlefield Parkway/Route 7 grade-separated interchange without compensation to the record o~ner of the 14. The record owner of the Subject Property or its successors-in-interest shall establish a limited access line by recordable documentation and forms approved by the Town Attorney along the Subject Property's Route 7 frontage at time of approval of the first development plan or first record plat. whichever occurs first. This limited access line shall extend west of the proposed Keystone Drive right-of-way along the Subject Property's Route 7 frontage. 15. The record owner of the Subject Property or its successors-in-interest pay to the Town cash funds for. or design and install a traffic signalization device for the Keystone Drive-Russell Branch Parkway intersection at such time as Keystone Drive is built to the ultimate four-lane section, ff cash funds are paid to the Town, these funds shall be held in an interest-bearing fund whose monies shall be expended only toward the design and installation of a traffic signalization device for the Keystone Drive-Russell Branch Parkway intersection at such time as Keystone Drive is built to the ultimate four-lane section. 16. The record owner of the Subject Property or its successors-in-interest shall remove, at no cost to the Town, the Keystone Drive entrance into the Subject Property within sixty (60) days after the Town notifies the record owner of the Subject Property or its successors-in-interest that construction of the/Keystone Drive/Route 7 flyover is scheduled to begin. 17. The record owner of the Subject Property or its successors-in-interest shall pay to the Town a cash contribution in the amount of Ten Cents ($0.10) per gross square foot of commercial building space actually constructed on the Subject Property. This cash contribution shall be transferred, after receipt by the Town, to the first and rescue facilities providing service to the Subject Property in equal proportions and may be expended toward the purchase of equipment or land for building sites or actual construction or reconstruction of new or remodeled fire and rescue facilities. This cash contribution shall be paid in increments immediately prior to issuance of any zoning permits for commercial buildings to be constructed on the Subject Property. 18. All monetary contribution stated in these proffers shall be subject to upward adjustment from the date of final rezoning approval at a rate equal to any fluctuations in the Consumer Price Index (C.P.I.) from the date of final rezoning approval. 19. Any dedications of fee simple or easement interests to the Town described in any of these Proffers shall be accomplished free and clear of all liens and encumbrances. Minutes of October 9, 1991 20. If any of the monetary contributions stated in these proffers earmarked for expenditure toward certain specified improvements are determined, in the sole discretion of the Town, to be inappropriate for expenditure toward those certain specified improvements, then the aforementioned monetary contributions shall be returned to the record owner of the Subject Property and any interest generated by these monetary contributions while being held by the Town shall be retained by the Town as a service charge. SECTION II. This ordinance shall be in effect upon its passage. DISCUSSION: Councilmember Lovin stated that he has given this application a lot of thought. The applicant has put forth an economic issue. This is not an economic issue. It is a land use policy issue. I don't disagree with the applicant or the architect or the attorney who has put forth the application. It is very attractive. The proffers are very generous. They have to be because the applicant is asking this Council to turn its back on the Comprehensive Town Plan. I cannot support this application. This application has been denied by every body that has looked at it. Councilmember Forester agreed with Mr. Lovin. She stated that the Planning Commission worked long and hard on this application and came to the conclusion that by opening up this rezoning and approving this retail use on Route 7, not only opened up the Town Plan to question but also further rezoning in that corridor extending retail and commercial uses beyond the bypass area. Also not being consistent with what we wanted to see in the Town Plan. We also heard a report from the state referral agency that echoed a concern that I have. This kind of outdoor use is incompatible with the wastewater treatment plant. I am concerned about this kind of use next to the treatment plant. I am concerned with this kind of use in the Route 7 corridor. I cannot support this application. Councilmember Kimball stated that both Mr. Lovin and Mrs. Forester have expressed a deep concern for the ordinance before us and we all share that. At 6:30 p.m., I went out and visited the site because I am also concerned about it. I understand the Town Plan but I believe that a plan is just a plan. I do not believe that it is a marble monument to the framers of that plan and it can be modified as we progress through time. Conditions do change and we are in a very serious condition right now. I look for accommodation in a council/leadership position to do the type of thing that would help stimulate the economy in this area. I will support this application. I appreciate the work that staff and the applicant has done. Councilmember Clem stated that he has asked where is the best location for an autopark? He stated that no one has been able to tell him. We have a unique piece of property, bounded by roads and the treatment plant. It is not an appealing tract of land. We have this plan locked in with the proffers and special exceptions, the beautification needs, and buffer. The plan must also go through the H-2 corridor review. We have a plan and we should follow it, however, land uses change. This also gives us an opportunity to move some of the downtown dealerships out of town and revitalize those areas. This project will bring employment and a tax base. I will support it. Councilmember Webb agreed with Mr. Clem and Mr. Kimball. There are hundreds of thousands of feet of commercial/retail/office space available now that will not be built for many years due to the present economic conditions. I will support the motion. Councilmember Clem stated that this is a unique design, in that, we will not see the sea of automobiles as we have seen over the years. It is a new and innovative idea. Councilmember Lovin stated that the landowner of the properties in town with car dealerships can lease these properties to another car dealer - a used car dealer. The impression that the two sites on East Market Street won't be car dealers is probably not a locked in statement. Councilmember Clem stated that Mr. Lovin was correct but this opens the window of opportunity change these two properties to some other development. Councilmember Bange stated that she has been excited about the autopark since it began. Mayor Sevila began by commending the applicant and his representatives who have been professi(~t~al throughout this process. He thanked them for a very professional, capable presentation and obviou~l.~ convincing with respect to members of the Council. He stated that he enjoyed a professi,~x~.ll relationship with everyone involved. Mayor Sevila stated that the Comprehensive Plan is the most important document that we have~ It is our blueprint for the future development of our community. It is not enough to say that it is a plan. It is not enough to say that it is merely a guide and we can follow it when we want to and deviate from it when it suits us. We have to recognize that it is the consensus document adopted by this Town and until it is revoked or repealed it stands as the consensus document of the citizens of this town. When they say in the comprehensive plan, how the Route 7 corridor should be developed then it is for us to follow it. If we choose not to follow it then it is for us to consider an appropriate context, an application to amend that plan. In this case we have not done that. In the face of recommendations from our staff, our planning commission and the Joint Policy Committee that it cannot be supported because it is not compatible with our Comprehensive Plan, a majority of this Council has indicated tonight that nevertheless it intends to support this application. I have grave concerns about it. I consider this decision to be a mile stone decision, in that, it opens the door, lays the foundation for the future development of Route 7 into town. I don't like what it signals. I have said to all of my fellow councilmembers my concern about this application is that once this retail use is in place it is going to be impossible to deny the one that seeks to locate immediately to the east of Minutes of October 9, 1991 it or immediately to the west of it or immediately across the street from it on the basis that the next retail use is not compatible with the Town Plan. This is the first major rezoning for development east of existing development on Route 7 in an area that we called planned employment. In an area that we said would be campus style, park-like, industrial and employment uses with large, landscaped front yards and parking hidden behind it. This is not compatible with that nor is it compatible with the location of that style development either to the east or the west of it. This is a significant departure from the Town Plan and one that should alarm the citizens of the town. Occasionally citizens talk to me about applications that are before us and I have not received, except for those individuals who are associated with this application, one word of support in favor of this application. On the contrary I have received numerous comments that we are not going to let our primary entrance into this town from the east go the way of every other entrance corridor to every other major urban area town in northern Virginia. The answer is yes we are. That is what our vote tonight signals to the citizens of this town. Not only to those who have expressed their concern but the silent majority who have not. Stimulating the economy by approving a development that is incompatible with out planning documents is a short term answer with extreme long term consequences and this is an improper exercise of our discretion. For all of those reasons, I intend to vote no. VOTE: Aye: Bange, Clem, Kimball, Webb Nay: Forester, Lovin, Mayor Sevila 9.(c) Ms. Vecchio stated that the special exception application has several conditions imposed within the proposed ordinance. One condition is that the applicant comply with all of the zoning ordinance and subdivision and land development regulations. Another condition is that the applicant comply with the special exception plan and the last condition is that these are all conceptual and are subject to change through the H-2 design review process. Within the special exception plan, there is a very detailed sign package. It has not been evaluated for compliance with the sign ordinance and has not been reviewed through the H-2 process. It has location designations on the concept plan. It seems to be more detailed then staff would like to see it at this point given the fact that the H-2 review process will establish those specific criteria. Staff's preference would be that the sign package not be included. Staff would like to give the Board of Architectural Review complete latitude in the review of this project in that it is along the most critical corridor within the H-2 overlay district. Staff does not want to see anything that my tie the boards hands or make a premature commitment on behalf of the BAR without their opportunity to review this package under the guidelines of the H-2 regulations. Staff would like to see the condition in the ordinance and sheet six of the plan removed. MOTION: On motion of Mr. Clem, seconded by Mr. Webb, the following ordinance was proposed and adopted. 91-0-48 - ORDINANCE APPROVING SPECIAL EXCEPTION APPLICATION #SE90-08 FOR LEESBURG AUTO PARK BY FIRST POTOMAC DEVELOPMENT CORPORATION WHEREAS, on December 12, 1990 the Town Council received and referred to the Planning Commission a special exception application by First Potomac Development Corporation to allow development of vehicle sales and/or rental facilities on a 20.7 acre parcel of land located south of Route 7 and west of Keystone Boulevard; and WHEREAS, the applicant concurrently filed rezoning application ZM 129 to rezone the property from I-1 to a B-3 Community/Retail Commercial zoning district to allow vehicle sales and/or facilities by special exception; and WHEREAS, the applicable section of the Town Plan land use policy map recommends this property for development of planned employment uses; and WHEREAS, on May 9, 1991, the Planning Commission recommended denial of this application for non-conformance with the Town Plan land use policy map and the Annexation Area Development Policies; and WHEREAS, on July 23, 1991, the Town Council held a public hearing to consider this special exception application; and WHEREAS, on September 26, 1991, the Joint Policy Review Committee supported the Planning Commission's recommendation and further recommended to Council denial of this application based on non-conformance with the Annexation Area Development Policies land use policies along Route 7 which recommend planned employment uses for this property; and WHE~, the Council has determined that the proposed vehicle sales facilities meet the review criteria set forth in Article 11 the Leesburg Zoning Ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Minutes of October 9, 1991 SECTION I. Special exception application #SE90-08 Leesburg Auto Park by First Potomac Development Corporation is approved to allow vehicle sales facilities to develop up to a maximum of 100,000 square feet on a 20.7-acre parcel of land identified as Loudoun County Tax Map Parcel 49((5))- A. Development of the vehicle sales facilities shall be in conformance with the following conditions: Conformance with Sheets 1 through 5 of the Special Exception Plan submitted with this application, prepared by Patton Harris Rust & Associates, dated April 26, 1991, and revised September 26, 1991. All applicable terms and conditions of the Leesburg Subdivision and Land Development Regulations, Zoning Ordinance and Design and Construction Standards Manual. Approval by the Board of Architectural Review in accordance with the provisions of the H-2 Historic Corridor Overlay District regulations of the Leesburg Zoning Ordinance. SECTION II. This ordinance shall be in effect upon its passage. Mayor Sevila stated that he will cast a no vote on this application. His concern is departure from the adopted Comprehensive Town Plan. Eventually there may come an application for development that this Council truly wants to turn down and you will not be able to rely on the comprehensive plan. If you give it up once, you give it up forever and that is what we have done. VOTE: Aye: Bange, Clem, Kimball, Webb Nay: Forester, Lovin, Mayor Sevila 9.(d) Mr. Brown gave a brief summary of the proposed legislation. He stated that the proposed change will add a provision to the attendance policies of the town's advisory commission that would allow the chairman to have the authority to require resignation of a member if they are absent from a number of consecutive meetings. MOTION: On motion of Mr. Clem, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 91-0-49 - ORDINANCE - AMENDING CHAPTER 2, ARTICLE VIII, SECTION 2-92(6); CHAPTER 2.1, SECTION 2.1-2; CHAPTER 5.1, ARTICLE XIV, SECTION 5.1-61(C); CHAPTER 11.1, ARTICLE I, SECTION ll.i-I(C); CHAPTER 13, ARTICLE II, SECTION 13-18 (A); AND CHAPTER 2, ARTICLE VII, SECTION 2-88 OF THE LEESBURG TOWN CODE, REGARDING COMMISSION ATTENDANCE POLICIES and WHEREAS, there are no existing attendance requirements for the town's advisory commissions; WHEREAS; the citizen members receive monetary compensation regardless of attendance; and WHEREAS, attendance problems with some of the town's advisory commissions have been noted; and WHEREAS, the Council relies heavily upon recommendations of its appointed bodies, therefore, attendance and participation should be encouraged; and WHEREAS, on September 10, 1991 the Town Council, along with other charter amendments, granted the chairman of the Economic Development Advisory Committee the authority to require a member to resign if the said member is absent from three consecutive, regular monthly meetings; and WHEREAS, a similar policy, pending extenuating circumstances, is desired for the other town advisory commissions; and WHE~, the Planning Commission and Board of Architectural Review meet more frequently than the other appointed advisory commissions: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Environmental Advisory Commission. Chapter 2, Article VIII, Section 2-92(b) of the Leesburg Town Code is hereby amended to read as follows: The commission shall elect its chairman annually. The commission shall elect annually the officers it deems necessary. The commission shall meet monthly or more often as necessary upon the call of the chairman or two or more members. The chairman has the authority to require a member to resign if the said member is absent from three consecutive, regular monthly meetings. SECTION II. Airport Commission. Chapter 2.1, Section 2.1-2, second paragraph of the Minutes of October 9, 1991 Leesburg Town Code is hereby amended to read as follows: The commission shall elect its chairman and vice-chairman annually and may elect one of its members as its secretary. The commission shall meet monthly or as determined by the commission. The chairman has the authority to require a member to resign if the said member is absent from three consecutive, regular monthly meetings. SECTION IH. Cable Television Advisory Commission. Chapter 5.1, Article XIV, Section 5.1- 61 (c) of the Leesburg Town Code is hereby amended to read as follows: The commission shall elect its chairman annually and the Wwn manager, or his designee, shall serve as secretary. The commission shall meet monthly or more often as determined by the commission. The chairman has the authority to require a member to resign if the said member is absent from three consecutive, regular monthly meetings. SECTION IV. Parks and Recreation Advisory Commission. Chapter 11.1, Article I, Section 11.1-1(c) of the Leesburg Town Code is hereby amended to read as follows: The commission shall elect its chairman at its first meeting on or after July I of each year and the town manager, or his designee, shall serve a secretary. The commission shall meet monthly or more often as determined by the commission. The chairman has the authority to require a member to resign if the said member is absent from three consecutive, regular monthly meetings~ SECTION V. Planning Commission. Chapter 13, Article II, Section 13-18 (a) of the Leesburg Town Code is hereby amended to read as follows: The planning commission at the first meeting following the effective date of this section and to the first meeting each year thereafter shall elect from the members a chairman and a vice-chairman for terms of one year. The town manager shall provide a recording clerk for the planning commission from the town staff. The commission shall fix the time for holding regular meetings and shall meet every month. The chairman has the authori .ty to require a member to resign if the said member is absent from four consecutive, regularly scheduled meetings. SECTION VI. Board of Architectural Review. Chapter 2, Article VII, Section 2-88 of the Leesburg Town Code is hereby amended to read as follows: Compensation of members of the town board of architectural review, after March 1, 1990, shall be $1,200.00 per annum, payable in equal monthly installments. The chairman of the board of architectural review, as established in Article 16, Section 16A-4 of the Leesburg Zoning Ordinance, has the authority to require a member to resign if the said member is absent from four consecutive, regularly scheduled meetings. SECTION VII. All prior ordinances in conflict herewith are repealed. SECTION VIII. This ordinance shall be effective upon its passage. DISCUSSION: Mr. Lovin stated that he supports attendance. The Council has recently increased the Economic Development Advisory Commission's membership. These individuals are compensated $50.00 per meeting which means the town's budget is increasing about $2,000.00 per year. He would like to see compensation based on attendance unless there is some reason a person cannot attend. Mr. Lovin stated that he represents the Town of Leesburg on the Northern Virginia Planning District Commission (NVPDC) and is appalled at the lack of attendance by members of that committee that represent a municipality. Those towns pay money tn belong to the NVPDC and their representative never come. There should be some way to see if people are attending these meetings and if they are not then they should be taken off the committees. That goes for Council members as well. Mr. Brown stated that staff can include restrictions that Mr. Lovin is proposing on the next committee agenda. Mrs. Forester asked that staff think about the fact that there are times that many of these committees have special meetings during the month. VOTE: Nay: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None 9. (e) Mr. Brown stated that this is companion legislation to item 9 (m) which reflects the proposed reorganization in the Planning Department. MOTION: On motion of Mrs. Forester, seconded by Mr. Lovin, the following ordinance was proposed and unanimously adopted. 91-0- 50 - ORDINANCE AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED Minutes of October 9, 1991 PAY AND CLASSIFICATION PLAN WHEREAS, recent personnel changes have occurred in the Planning, Zoning and Development Department that offer the opportunity to better align remaining staff in a way that clearly defines areas of responsibility; and WHEREAS, the need exists to provide a more balanced organization with the Department of Planning, Zoning and Development in order to diminish the disparity between supervisory positions that have the same levels of responsibility and accountability; and WHEREAS, establishing a supervisory position responsible for each of three major areas of responsibility within the department (current planning, zoning administration and comprehensive planning) promotes good management practice; and WHEREAS, .no pay adjustments will occur resulting from these reorganization/reclassification actions except for the incumbent who currently holds the Planner I position: 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 pay grades. Employees in the town service are classified in the following occupational groups and pay grades: Occupational Groups Position Pay Grade Executive-Managerial Law Enforcement Administrative-Clerical Supervisory Technical Dir. of Engineering 27 & Public Works Chief of Plan Review 24 Director of Utilities 26 Director of Finance 26 Director of Planning, Zoning 26 and Development Assistant Town Manager 21 for Economic Development & Admin. Chief of Police 26 Director of Parks and Recreation 24 Parking Control Officer 2 Police Officer 13 Police Officer 1st Class 14 Corporal 15 Sergeant 17 Lieutenant 20 Captain 22 Investigator 15 Clerk Typist 4 Data Entry Clerk 3 Secretary 5 Accounting Clerk I 4 Accounting Clerk II 5 Administrative Secretary 7 Zoning & Development Asst. 10 Executive Secretary 10 Clerk of Council 11 Personnel Officer 9 Public Information Officer 8 Desk Clerk 2 Parking Attendant 2 Supt. Equipment Maintenance 15 Water Supply Superintendent 18 Superintendent Bldgs. 17 Grounds and Maintenance Utility Lines Superintendent WPCF Superintendent 18 Parks & Marketing Coordinator 15 Recreation Coordinator 15 Recreation Supervisor 12 Aquatics Supervisor 12 Center Supervisor 12 Asst. Utility Plant Mechanic 5 Heavy Equip. Operator 7 Utility Billing Technician 8 Asst. Streets, Bldg. & Grounds 13 Asst. Superintendent Eq. Maint. 13 Senior Operator 12 Operator I 11 Minutes of October 9, 1991 Professional Con.ruction/Maintenance Operator II 10 Operator IH 7 Operator IV 4 Asst. Ut. Lines Superintendent 13 Maintenance Senior Inspector 14 Senior Utility Plant Mechanic 11 Asst. Water Supply Supt. 13 Capital Projects Representative 19 Capital Projects Coordinator 14 Asst. WPCF Superintendent 13 Facility Inspector 13 Asst. Zoning Administrator 14 Systems Technician 8 Meter Technician 5 Recreation Attendants n/a Lifeguard n/a Instructors n/a Chief of Operations & 18 Inspections Engineer II 18 Traffic Engineer 18 Engineer I 15 Chief of Current Planning 21 P!-"-nnsr ! Planner II 17 Pfins'-'r.~ P!2nncr Chief of Comprehensive Planning 20 Asst. Director of Finance 15 Zoning Administrator Laborer 1 Maintenance Worker H 7 Maintenance Worker I 5 Mechanic I 5 ($5.50-8.00 per hour) ($6.00-10.00 per hour) ($10.00-20.00 per hr) 20 SECTION H. All prior ordinances in conflict herewith are repealed. SECTION HI. This ordinance shall be in effect upon passage. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 9. (0 MOTION: On motion of Mr. Lovin, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 91-220 - RESOLUTION AMENDING THE FY 92 BUDGET AND THE 1991-1996 CAPITAL IMPROVEMENTS PROGRAM TO REFLECT DEFERRAL OF UTILITY CAPITAL PROJECTS WHEREAS, the August 1, 1991 "Report of the Utility Rate Study" presented to Council by the town's utility rate consultants, Deloitte & Touche, recommended a 50%, 20%, 5%, 10% and 15% rate increase, effective July 1, 1991, 1992, 1993, 1994 and 1995, respectively, to fund utility operations and capital projects; and WHEREAS, Council deemed these rate increases to be an excessive financial burden on the citizens of Leesburg; and WHEREAS, alternative rates were presented to Council on September 17, 1991 by Deloitte & Touche, for additional consideration; and WHEREAS, the Council has decided that Alternative III, which assumes a 35% increase in 1992, 30% in 1993, 20% in 1994 and 0% in 1995 coupled with a deferral of $1,053,500 in planned capital projects for 1992, is the most feasible alternative rates for the town. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town's five-year Capital Improvements Program is hereby amended to defer the following Utility Fund capital projects from fiscal year 1992 to fiscal year 1993: WPZ Phase I Water System Improvements (Construction) WPZ Phase II Water System Improvements (Design) WTP Upgrade/Expansion (Valve Replacement) WPZ Booster Station Upgrade (Design) SECTION II. The town's Budget for fiscal year ending June 30, 1992 is hereby amended to provide Minutes of October 9, 1991 for the elimination of the amounts for Utility Fund Capital Projects identified as follows: Account 3120.700.190.300 3120.700.210.300 3130.700.190.300 3130.700.220.300 Pro. iect WPZ Watermain Extension Phase I WPZ Watermaln Extension Phase II WTP Expansion WPZ Booster Station Budget $780,000.00 $ 60,000.00 $ 80,00O.0O $ 50,000.OO DISCUSSION: Mr. Clem referred to the Greenway Farm/Trafalgar House project and asked if thier plans were tied into the western pressure zone. Mayor Sevila stated that Mr. Simms of Trafalgar House spoke earlier stating that by deferring these projects we are basically putting off his construction schedule beyond the year 1992-93. Mr. Shoemaker stated that during the last budget year, the town completed the western pressure zone phase I which included several thousand feet of 16 inch water line within the Country Club estates and Dry Mill Road area. The project has been approved by the health department for construction. Due to a lack of funding the town did not bid the project this year and we were also waiting to see what the outcome of the proposed rate increase was. The concern that Mr. Simms expressed for Trafalgar House is in the 16 inch proposed line to be placed in Country Club Drive and from the booster station to their point of connection for Greenway Farms. At the town's special meeting the issue was brought up and we did express our feeling that staff could work with this development to accommodate their needs as we have done in the past on other utility projects. Mr. Simms has stated that his time schedule for bringing new homes online in 1993 and if this project is budgeted for FY 93 the development will come on line at the same time. I don't foresee a scheduling problem. Mr. Clem stated that he would like some high degree of assurance that Mr. Simm's project will not be held up. Mr. Brown stated that it is very difficult for us to expect the utility department to be able to accommodate everything and not get the rate increase anticipated. Mayor Sevila stated that this illustrates the dilemma that this rate increase issue has put us in. We are getting, from Mr. Simms, the very first reaction of how that is going to affect the citizens of the community. On the one hand the citizens are telling us to hold the rate increase down. We will be able to work with Mr. Simms and Trafalgar House and that we will be able to install the infrastructure so that he can get his permits and begin his construction on schedule. Mr. Shoemaker stated that Mr. Mason has just informed him that Mr. Simms was referring to a staff comment on their development plans and that staff can work this out. Mayor Sevila stated that when Trafalgar House summarize their sewer and water availability fees at $2.9 million, we can certainly recognize the need for that kind of revenue that would flow from this so~ of development. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 9. (i),(i),(o),(a).(r),(s),(t) MOTION: On motion of Mr. Clem, seconded by Mr. Lovin, the following resolutions were proposed as consent items and unanimously adopted. 91-221 - RESOLUTION -AUTHORIZING SUBSTITUTE AGREEMENTS AND APPROVIN(; SUBSTITUTE PERFORMANCE BONDS FOR TAVISTOCK FARMS SECTIONS 7, 10, 11 AND 12; 13, 19, 20 AND 21; 14, 18, OFFSITE WATERLINE, AND OFFSITE SANITARY SEWER WHEREAS, the Town Council approved letters of credit from Perpetual Savings Bank, FSB as performance guarantees for various sections of the Tavistock Farms Planned Residential Developm~.~t in the amounts listed as follows: Section 1 Section 3 Section 4 Section 5 Section 6 Section 7 Section 10 Sections 11 and 12 Sections 13, 19, 20 and 21 Section 14 Section 18 Offsite Waterline Offsite Sanitary Sewer 180,000.00 40,426.00 122,400.00 117,498.00 200,556.00 400,000.00 725,4O3.00 882,694.00 1,637,094.00 230,878.45 356,004.00 50,663.00 31,281.00 Minutes of October 9, 1991 WHE~, SAD Realty Corporation, the new owner of the Tavistock Farms Planned Development as a result of a loan foreclosure, has presented new contracts for installation of public improvements and new corporate surety bonds from the Homestead Insurance Company of New Jersey to replace the contracts and letters of credit provided by the Tavistock Farms General Partnership, the former owner, in the same amounts as listed above for each section; and WHEREAS, although the Homestead Insurance Company has an A6 Best Key Rating they do not meet the town's minimum requirements for a surety; and WHEREAS, corporate surety bonds issued by Homestead Insurance Company as performance guarantees for public improvements are accepted by neighboring northern Virginia jurisdictions including the Loudoun County Sanitation Authority; and WHEREAS, Perpetual Savings Bank, FSB, the owner of SAD Realty Corporation, has entered the Accelerated Resolution Program administered by the Federal Office of Thrift Supervision and is unable to renew or extend the letters of credit issued as performance guarantees for Tavistock Farms beyond the current expiration dates; and WHEREAS, SAD Realty Corporation is unable to obtain any surety bond or letter of credit other than the surety bonds from Homestead Insurance Company due to the financial status and pending Federal Government takeover of Perpetual Savings bank, FSB; and WHEREAS, when the Federal Resolution Trust Corporation (RTC) takes over the assets of Perpetual Savings Bank, FSB, in accordance with the Accelerated Resolution Program, the letters of credit can be disaffirmed (cancelled) by the RTC; and WHEREAS, the Town Attorney, Director of Finance, and Director of Engineering and Public Works recommend acceptance of the corporate surety bonds from Homestead Insurance Company as performance guarantees for the above listed sections of Tavistock Farms because of the pending takeover by the RTC of Perpetual Savings Bank; FSB. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute new contracts for installation of public improvements with SAD Realty Corporation for the sections of Tavistock Farms listed below. SECTION II. Corporate surety bonds issued by guarantees for the installation of public improvements approved by the Town Attorney in the amounts listed Homestead Insurance Company as performance in various sections of Tavistock Farms in a form below are hereby approved: Section 1 Section 3 Section 4 Section 5 Section 6 Section 7 Section 10 Sections 11 and 12 Sections 13, 19, 20 and 21 Section 14 Section 18 Offsite Waterline Offsite Sanitary Sewer $ 180,000.00 40,426.00 122,400.00 117,498.00 2O0,556.OO 400,000.00 725,4O3.OO 882,694.00 1,637,094.00 230,878.45 356,004.00 50,663.00 31,281.00 SECTION IH. The public improvements shown on the plans approved by the Director Engineering and Public Works for the sections of Tavistock Farms listed in Section I above, shall completed by June 24, 1993 in accordance with the terms of the contract for installation of improvements. SECTION IV. The letters of credit issued by Perpetual Savings Bank, FSB and provided by '.!;,. Tavistock Farms General Partnership for the sections of Tavistock Farms listed in Section I are hcr~.~ ,~ released. 91-222 - RESOLUTION - AUTHORIZING A SUBSTITUTE AGREEMENT AND APPROVING .\ SUBSTITUTE PERFORMANCE BOND FOR THE FAIRWAY MANOR SUBDIVISION WHE~, the Town Council approved letters of credit from Perpetual Savings Bank, FSB as performance guarantees for the Fairway Manor Subdivision in the amount of $77,220.00; and WHEREAS, SAD Realty Corporation, the new owner of the Fairway Manor Subdivision as a result of a loan foreclosure, has presented a new contract for installation of public improvements and a new corporate surety bond from the Homestead Insurance Company of New Jersey to replace the contract and letter of credit provided by United Land Developers, Inc., the former owner, in the amount of $77,200.00; and WHEREAS, although the Homestead Insurance Company has an A6 Best Key Rating they do not meet the town's minimum requirements for a surety; and WHEREAS, corporate surety bonds issued by Homestead Insurance Company as performance Minutes of OcWber 9, 1991 guarantees for public improvements are accepted by neighboring northern Virginia jurisdictions including the Loudoun County Sanitation Authority; and WHEREAS, Perpetual Savings Bank, FSB, the owner of SAD Realty Corporation, has entered the Accelerated Resolution Program administered by the Federal Office of Thrift Supervision and is unable to renew or extend the letter of credit issued as performance guarantees for Fairway Manor beyond the current expiration date; and WHEREAS, SAD Realty Corporation is unable to obtain any surety bond or letter of credit other than the surety bond from Homestead Insurance Company due to the financial status and pending Federal Government takeover of Perpetual Savings bank, FSB; and WI-~REAS, when the Federal Resolution Trust Corporation (RTC) takes over the assets of Perpetual Savings Banlq FSB, in accordance with the Accelerated Resolution Program, the letter of credit can be disaffirmed (cancelled) by the RTC; and WHEREAS, the Town Attorney, Director of Finance, and Director of Engineering and Public Works recommend acceptance of the corporate surety bond from Homestead Insurance Company as the performance guarantees for the Fairway Manor Subdivision because of the pending takeover by the RTC of Perpetual Savings Bank, FSB. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager shall execute a new contract for installation of public improvements with SAD Realty Corporation for the Fairway Manor Subdivision. SECTION II. The corporate surety bond issued by Homestead Insurance Company as the performance guarantee for the public improvements in the Fairway Manor Subdivision in the amount of $77,200.00 in a form approved by the Town Attorney is hereby approved. SECTION III. The public improvements shown on the plans approved by the Director of Engineering and Public Works for the Fairway Manor Subdivision, shall be completed by June 24, 1993 in accordance with the terms of the contract for installation of public improvements. SECTION IV. The letter of credit issued by Perpetual Savings Bank, FSB and provided by United Land Development, Inc., for the Fairway Manor Subdivision is hereby released. 91-223 - RESOLUTION - AUTHORIZING IMPLEMENTATION OF AN ADOPT-A-STREET PROGRAM WHEREAS, the town's Environmental Advisory Commission has recommended that Leesburg implement a program similar to the Virginia Department of Transportation (VDOT) sponsored Adopt- A-Highway program; and WHEREAS, VDOT currently offers local groups the opportunity to remove litter from the right- of-way along Route 7 and Route 15 By-pass in Leesburg; and WHEREAS, town staff has reviewed the successful VDOT program and recommends a program with similar features to be coordinated with the established Adopt-A-Spot town program; and WHEREAS, the town staff is prepared to coordinate the program by scheduling work, providing necessary training and issuing appropriate equipment; and WHEREAS, an Adopt-A-Street program offers town citizens, associations, businesses and civic groups the opportunity to volunteer to keep Leesburg beautiful by adopting an arterial or collector street; and WHEREAS, as recognition of their efforts, an Adopt-A-Street sign similar to the Adopt-A-Spot sign bearing the group's name will be posted on the adopted street. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Town staff is authorized to implement a Leesburg Adopt-A-Street program similar to VDOT's Adopt-A-Highway program which allows citizens to participate in controlled beautification effm~ on the town's arterial and collector streets. Participating groups must agree to collect litter at least four times per year and meet safety and other requirements as established by the town's Engineering and Public Works Department. 91-224 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO IMPLEMENT FREE HOLIDAY PARKING AT THE VINEGAR HILL AND SOUTH HARRISON STREET PARKING LOTS ADJACENT TO MARKET STATION WHEREAS, correspondence dated September 12, 1991, from Mr. Joe S. Ritenour of Market Station requested that the parking lots serving Market Station be made available to the public without charge for the same term as the new municipal parking garage; and Wt~, the Town Council authorized free parking at the municipal parking garage through January 1, 1992, to promote the new facility; and WHEREAS, the town in the past has offered free parking during the holiday season for the convenience of Leesburg's shoppers; and Minutes of October 9, 1991 WHEREAS, on October 1, 1991, the Administration and Public Works Committee of the Town Council recommended that the Vinegar Hill and South Harrison Street parking lots be made available to the public without charge for this holiday season, extending from Thanksgiving Day to New Years Day; and WHEREAS, business promotion and retention is an important town goal: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to implement free parking at the Vinegar Hill and South Harrison Street parking lots adjacent to Market Station between November 28, 1991 and January 2, 1992 for the holiday season. 91-225 - RESOLUTION AUTHORIZING A MUSIC PERFORMANCE AGREEMENT WITH BROADCAST MUSIC, INC. WHEREAS, U.S. copyright laws require businesses and organizations who charge admission fees, and play background or use instructional music, to comply with copyright requirements; and WHEREAS, the Ida Lee Recreation Center uses background radio and class instructional music for a variety of purposes; and WHEREAS, a music performance agreement is required with a music licensing organization; and WHEREAS, Broadcast Music, Inc., is one of the two largest licensing organizations in the United States: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to enter into a music performance agreement with Broadcast Music, Inc., to comply with U.s. copyright laws for the Ida Lee Recreation Center. 91-226 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 10 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter Section 10 and certified that the value of work performed is $679,154.00; and WHEREAS, a letter of credit from First American Bank in the amount of $852,388.24 has been provided by the developer and approved by the Council to guarantee installation of public improvements in Exeter Section 10. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from First American Bank in the amount of $852,388.24 is reduced to $173,234.24. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Exeter Section 10. 91-227 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED FOR THE EXETER/BIG SPRINGS SEWAGE PUMPING STATION WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date for the Exeter/Big Springs Sewage Pumping Station and certified that the value of work performed is $203,468.00; and WHEREAS, a letter of credit from First American Bank in the amount of $254,336.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements for the Exeter/Big Springs Sewage Pumping Station. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from First American Bank in the amount of $254,336.00 is reduced to $50,868.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for the Exeter/Big Springs Sewage Pumping Station. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Minutes of October 9, 1991 9. (k) MOTION: On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-228 - RESOLUTION - DECLARING THE DEVELOPER OF TAVISTOCK FARMS SECTION 9 IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WHEREAS, the Poretsky Building Group, Inc., developers of Tavistock Farms Section 9, 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 Poretsky Building Group, Inc., has requested a one year time extension for completion of the remaining bonded improvements; and WHEREAS, a letter of credit from Perpetual Savings Bank FSB was provided by the Poretsky Building Group, Inc., which guarantees the installation of public improvements in Tavistock Farms Section 9, in the current amount of $38,580.00; and WHEREAS, the town has received a written notice from Perpetual Savings Bank, FSB that the letter of credit will not be renewed beyond the maturity date which is January 16, 1992; and WHEREAS, the Poretsky Building Group, Inc., has stated to the town that it cannot obtain a substitute performance guarantee from another institution; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the pUblic improvements if the Poretsky Building Group, Inc., fails to complete the project, a claim for payment of the letter of credit funds must be made. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to declare the Poretsky Building Group, Inc., in default of its contract for public improvements for Tavistock Farms Section 9 and to request payment pursuant to the letter of credit from Perpetual Savings Bank, FSB in the amount of $38,580.00 which guarantees the installation of public improvements in Tavistock Farms Section 9. SECTION II. The Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Tavistock Farms Section 9. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 9. (1) was referred to the October 15, 1991, Planning and Zoning Committee. 9. (m) MOTION: On motion of Mr. Clem, seconded by Mrs. Forester, the following resolution was proposed u~,.~i unanimously adopted. 91-229 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN TOWN'S SERVICE WHEREAS, recent personnel changes have occurred in the Planning, Zoning and Department that offer the opportunity to better align remaining staff in a way that clearly defines of responsibility; and WHEREAS, the need exists to provide a more balanced organization with the Depat~mc,~t Planning, Zoning and Development in order to diminish the disparity between supervisory positions have the same levels of responsibility and accountability; and WHEREAS, no pay adjustments will occur resulting from these reorganization/reclassification actions except for the incumbent who currently holds the Planner I position: 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 Minutes of October 9, 1991 LEGISLATIVE DEPARTMENT Clerk of Council 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 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 STREET MAINTENANCE Superintendent Asst. Superintendent Maintenance Worker II Maintenance Worker I Laborer EQUIPMENT MAINTENANCE Superintendent Asst. Superintendent Heavy Equipment Operator Mechanic I Laborer PARKING METERS AND LOTS Parking Attendant (part-time) PLANNING, ZONING AND DEVELOPMENT 1 1 1 1 1 1 1 2 1 10 3 11 5 1 1 1 1 1 1 3 1 1 1 1 3 1 1 4 5 8 1.5 Dir. Planning, Zoning & Development 1 Minutes of October 9, 1991 Chief of Current Planning Chief of Comprehensive Planning Zoning Administrator P~n~'.'p~ P!anncr Planner II P!annor ! Assistant Zoning Administrator Zoning and Development Assistant Administrative Secretary Secretary 1 1 1 2 1 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) Instructors - determined by class registration 1 1 1 1 1 1 2 3 3.4 9 n/a 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 HI Operator IV TOTAL PERSONNEL AUTHORIZED Full-time Equivalent 161.9 Part-time 13.4 VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 9. MOTION: On motion of Mr. Webb, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. Minutes of October 9, 1991 91-230 - RESOLUTION - AMENDMENT TO ARTICLE 17 OF THE LEESBURG ZONING ORDINANCE REGARDING THE FINES ASSOCIATED WITH CML PENALTIES WHEREAS, public necessity, general welfare, and good zoning practice require the evaluation of existing ordinances to ensure that they continue to address the needs of the community and remain consistent with the Code of Virginia; and WHEREAS, the Mayor and Council amended Article 17 by Ordinance 89-0-10 to provide an administrative process to correct violations of the Leesburg Zoning Ordinance by imposing civil penalties for non-compliance with the ordinance; and WHEREAS, the proposed amendment to Article 17 will make the imposition of fines associated with the civil penalties consistent with Section 15.1-499.1 of the 1950 Code of Virginia, as amended on July 1, 1990; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 17B-3, and Section 17B-3(2) of the Leesburg Zoning Ordinance is hereby initiated as indicated below: Section 17B-3. CIVIL VIOLATIONS AND PENALTIES Any violation of the provisions of this Ordinance enumerated in Section 17B-4 shall be deemed a civil violation and upon an admission of liability or finding of liability, shall be punishable by a fine of $se.e~ $100.00 for each individual charge. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any 10 day period, in no event shall a series of specified violations rising from the same operative set of facts result in civil penalties which exceed a total of $259.e~ $3,000.00. Nothing in this subsection shall be construed as to prohibit the Town Council, Town Manager or the Zoning Administrator from bringing legal action to remedy any violation by injunction, abatement or other appropriate action or proceeding, as authorized by law. Section 17B-3(2) Any person charged for such violation may enter a waiver of trial, admit liability, and pay the $.~e.ee $100.00 penalty to the Leesburg Department of Finance within 10 days of the receipt of said summons. Such admission of liability shall have the same force and effect as a judgement of Court and shall not be a criminal conviction. SECTION II. The Planning Commission shall hold a public hearing and consider these amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. DISCUSSION: Mr. Lovin stated that these fines would be enacted against a sign zoning violation. He asked that the Zoning Administrator look into the sign located between Loudoun Street and Market Street. The business is an antique dealership that has had a grocery store sign up for months. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 9. (o) MOTION: On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-231 - RESOLUTION - RE-INITIATING AND REFERRING AN AMENDMENT TO THE LEESB U RG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI-FAMILY RESIDENTIAL DEVELOPMENTS WHERF. u~, on February 12, 1991 the Council by Resolution No. 91-37 initiated an amendment to Article 3 and Article 11 of the Leesburg Zoning Ordinance proposing criteria for requiring active recreation facilities in multi-family residential developments; and WHEREAS, said amendment applied only to the R-22 residential zoning district and the Special Exception standards for multi-family developments in the B-1 and B-2 commercial zoning districts; and WHEREAS, both the Planning Commission and Council have conducted public hearings on the amendment; and WHEREAS, Council has concluded that the criteria proposed in the amendment could result in inequitable regulation of multi-family developments; and WHEREAS, the R-16 residential zoning district also governs multi-family development; and Minutes of October 9, 1991 WHEREAS, general welfare and good zoning practice require uniform regulation of similarly situated land uses: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. Resolution No. 91-37, adopted by the Council of the Town of Leesburg on February, 12, 1991, is hereby rescinded. SECTION II. An amendment to Section 3H-9(2) of the Leesburg Zoning Ordinance is hereby initiated, replacing existing text with the following-. (2)For developments with overall density exceeding eight (8) units per net acre, active recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow physical participation by an individual or group. The size, type, and number of facilities provided shall be commensurate with the anticipated needs of the residents. a. Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities, such as pools, clubhouses, and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. b.If subsequent subdivision or boundary line adjustment causes the density of previously exempt development to exceed eight (8) units per net acre, the owner(s) of that development shall add the recreation facilities required by this section as a condition of approval of the subdivision or boundary line adjustment. SECTION III. An amendment to Section 3I-7(2) of the Leesburg Zoning Ordinance is hereby initiated, replacing existing text with the following". (2)A minimum of thirty percent (30%) of the gross acreage of a site developed for multi-family residential use shall be maintained as open space. For developments with overall density exceeding eight (8) units per net acre, active recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow physical participation by an individual or group. The size, type, and number of facilities provided shall be commensurate with the anticipated needs of the residents. a. Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities, such as pools, clubhouses and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. b. If subsequent subdivision or boundary line adjustment causes the density of previously exempt development to exceed eight (8) units per net acre, the owner(s) of that development shall add the recreation facilities required by this section as a condition of approval of the subdivision or boundary line adjustment. SECTION IV. An amendment to Section 11A-7(3)b of the Leesburg Zoning Ordinance is hereby initiated, replacing existing text with the following. b.A minimum of thirty percent (30%) of the gross acreage of a site developed for multi-family residential use shall be maintained as open space. For developments with overall density exceeding eight (8) units per net acre, active, recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreau.[~' is defined as activities that allow physical participation by an individual or group. The size, type. ~(t number of facilities provided shall be commensurate with the anticipated needs of the residents. 1.Construction of recreation facilities described in the development plan shall be in accordance a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate ,,~' construction of dwellings. At a minimum, a phasing plan must assure that major recreation such as pools, clubhouses and tennis courts, are constructed prior to the completion of fifty percent of the total units. 2.If subsequent subdivision or boundary line adjustment causes the density of previously exempt development to exceed eight (8) units per net acre, the owner(s) of that development shall add the recreation facilities required by this section as a condition of approval of the subdivision or boundary' line adjustment. SECTION V. The Planning Commission shah hold a public hearing and consider these amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11, Title 14.1-431 of the 1950 Code of Virginia, as amended. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None NEW BUSINESS Minutes of October 9, 1991 10. (a) MOTION: On motion of Mrs. Forester, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 91-232 - RESOLUTION - DECLARING THE DEVELOPER OF THE UNION COURT SECTION I SUBDMSION IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WI-IE~, Patterson Place, Inc., developers of Union Court 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, Patterson Place, Inc., has requested a one year time extension for completion of the remaining bonded improvements; and WHEREAS, a letter of credit from Sovran Bank was provided by Patterson Place, Inc., which guarantees the installation of public improvements in Union Court Section I in the current amount of $37,684.00; and WHEREAS, the town has received a written notice from Sovran Bank stating that the letter of credit will not be renewed beyond the maturity date which is October 14, 1991; and WHEREAS, Patterson Place, Inc., has stated to the town that it cannot obtain a substitute performance guarantee from another institution; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public improvements, if Patterson Place, Inc., fails to complete the project, a claim for payment of the letter of credit funds must be made. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to declare Patterson Place, Inc., in default of its contract for public improvements for Union Court Section I and to request payment pursuant to the letter of credit from Sovran Bank in the amount of $37,684.00 which guarantees the installation of public improvements in Union Court Section I. SECTION II. The Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Union Court Section I. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None ~o. (b) MOTION: On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 91-233 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR SAINT JOHN THE APOSTLE CATHOLIC CHURCH 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 Saint John the Apostle Catholic Church. SECTION II. The extension of municipal water and sewer for Saint John the Apostle Catholic Church is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from the First Virginia Bank in the amount of $47,631.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Saint John the Apostle Catholic Church. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Minutes of October 9, 1991 10. (e) MOTION: On motion of Mr. Clem, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-234 - RESOLUTION - AUTHORIZING THE COLLECTION OF FEES FOR WATER AND SEWER SYSTEM MODELING REQUESTS WHEREAS, in February 1990, the town purchased a computer model of its water and sewer utility system as a product of the 1987 Water and Sewer Master Plan, prepared by the town's engineering consultants, Camp Dresser and McKee; and WHEREAS, prior to acquisition of the model by the town, individuals requesting water and sewer flow analysis data for land development purposes were required to obtain this service from a private engineering consultant, at a substantial cost; and WHEREAS, the town's Utility Rate Consultants, Deloitte & Touche, in their August 1, 1991 "Report of the Utility Rate Study" recommend recovery of costs associated with providing water and sewer systems analysis through the establishment of user fees; and WHEREAS, the new fees for water or sewer system analysis requests were duly advertised and the subject of a Town Council public hearing, in conjunction with proposed utility system fees and rates, held September 10, 1991 at 7:30 p.m. THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized and directed to collect fees in the amount of $150.00 for each request for water or sewer system computer modeling analysis as performed by the town. DISCUSSION: Mrs. Forester asked if the amount of $150.00 would cover staff time. Mr. Brown stated that Deloitte Touche looked at this and determined that it was the cost of operating the computer model. Mrs. Forester asked if there would be future costs in updating the model, further stating that if a fee is going to be imposed it should cover whatever costs incurred. Mr. Shoemaker stated that the model consists of several hundred pipes and nodes in the data base and is periodically updated by town personnel. Since the model is for our use as well as the use of developers, we consider that to be an administrative cost in maintaining the model. We are only trying to recover our direct costs for responding to requests. VOTE: Aye: Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None NEW BUSINESS Mr. Kimball stated that the comments made earlier this evening as they relate to Leegate and the Town Plan and given the economic climate in this region it would be wise to take a look at the Town Plan in terms of re-validating it. Recognizing that the plan was first formulated 5 years ago. Mr. Brown stated that at the October 5, 1991, Planning and Zoning Committee staff will present a recommendation to the Council for revising the Town Plan. Mayor Sevila stated that we could have some healthy dialogue on this subject because one of the struggles we are having internally is how do we react to these economic times. On motion of, and duly seconded, the meeting was adjourned at 11:00 p.m. Clerk of Council Robert E. Sevila, Mayor Town of Leesburg