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HomeMy Public PortalAbout1991_11_12MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL NOVEMBER 12, 1991 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West Market Street, Leesburg, Virginia on November 12, 1991, at 7:30 p.m. The meeting was called to order by Mayor Sevila. INVOCATION was given by Councilmember Kimball. SALUTE TO THE FLAG was led by Betsy Montgomery, Shannon Runge and T.J. Frye. 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 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 Engineering and Public Works Thomas A. Mason Director of Finance Paul E. York Planner Delane Parks Public Information Officer Susan Farmer Clerk of Council Barbara Markland APPROVAL OF MINUTES On motion of Mr. Webb, seconded by Mrs. Forester, regular meeting minutes of September 24, 1991, and regular meeting minutes of October 9, 1991, were approved as written. VOTE: Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None CERTIFICATE OF APPRECIATION John Brown, T.J. Frye, Brian Smith, Shannon Runge and Betsy Montgomery, 4th graders from Leesburg Elementary School read the following proclamation: NATIONAL EDUCATION WEEK PROCLAMATION WHEREAS, the quality of public education in Loudoun County affects not only the growth and potential of individual children but also the health and viability of the county as a whole; and WHEREAS, Loudoun citizens can be justifiably proud of the academic accomplishments of Loudoun students as compared with their piers throughout the state and nation; and WHEREAS, strong uniformed community support of Loudoun's schools is necessary to continue to provide Loudoun's children with the very best education. THEREFORE, BE IT RESOLVED the children at Leesburg Elementary School proclaim that the week of November 18 through November 22, 1991 which is American Education Week throughout the Nation be so designated as a time for all citizens to reaffirm their commitment to public education in Loudoun by visiting their local schools to gain first hand knowledge of the programs which a~'e helping to shape the futures of our youth, our county and our nation and contributing their time and the town's to help make Loudoun County public schools even better. PETITIONERS Mayor Sevila and Mr. John Tolbert presented Certificates of Appreciation, on behalf of the town's Environmental Advisory Committee and Town Council, to participants of the 1991 Adopt-A-Spot Program. The participants were Blake Landscape Incorporated, Andrea Watson Incorporated and Winterberry Gardens. Minutes of November 12, 1991 Mr. Bill Neville and Ms. Linda Porter, co-chairs of the Citizens Advisory Committee for Establishing a Greenways and Trail Master Plan for the town and Loudoun County, addressed the Council. Mr. Neville stated that the leadership of the Town of Leesburg, particularly Gary Huff, have shown in promoting a community-wide effort to plan for a quality environment is exceptional. In the First Annual Governor's Environmental Excellence Awards Program, the Leesburg and Loudoun County citizens advisory committee was recognized with a state-wide award. We were one of sixteen honored out of 300 applications. Mr. Neville shared, with the Council, the plaque received in Richmond. In addition to this award, the committee also received a banner which is displayed at Ida Lee Park. Mr. Jack Manton, representing Pence Friedel, addressed the Council requesting the opportunity to speak to agenda item 10. (c) when it comes up later in the agenda. Mr. Lovin stated that Mr. Manton was heard last week during the Planning and Zoning Committee meeting. He asked that Mr. Manton's request not be taken out of turn. MOTION: Mr. Clem made a motion to take Mr. Manton's request out of order during legislation. The motion was seconded by Ms. Bange. Mrs. Forester stated that she would abstain from any and all discussions of this item. She will also not be voting on this motion. Mayor Sevila stated that the agenda is always subject to change and the Council does not want to make a practice of it. Only one speaker is asking to be heard out of order while Council is considering items 10. (c) and (d). Mayor Sevila will support the motion to allow Mr. Manton to speak during the context of the matter that Council will be considering. VOTE: Aye: Councilmembers Bange, Clem, Kimball, Webb and Mayor Sevila Nay: Lovin Abstain: Forester COUNCILMEMBER COMMENTS Mr. Webb stated that he received a call from Admiral James Dudley, of 306 Edwards Ferry Road, in which he wished to congratulate the Council on the fine job on Loudoun Street as well as the sidewalk project on Dry Mill Road near the high school. Mr. Lovin thanked Mike Tringale, with Leesburg Renaissance, on the very successful Leesburg Hauntings. He thanked everyone involved with the 35th Annual Halloween Parade. He took part in the Day Break Rotary Club's gift of the 16 foot Norwegian Spruce. The Day Break Rotary club will also contribute the Christmas lights for the tree. He and Mrs. Forester attended the Listening Session on Saturday. Two citizens were in attendance. He congratulated the winners in the general election held on November 5 and expressed disappointment with voter turnout. Mr. Clem stated that on December 16, 1991, the Environmental Advisory Commission will be traveling through the town judging Christmas decorations. Mr. Kimball had no comment. Mrs. Forester congratulated the Leesburg Crime Prevention Council on the Halloween dance held on the third floor of the parking garage. She attended the Leesburg Crime Prevention's volunteer awards dinner on Saturday. This group also attended the Governor's award luncheon and received an award for the largest representation from an area of less then 50,000 people. Nineteen people attended from the Town of Leesburg. American Education Week is an opportunity for everyone to see what is going on in our schools. Ms. Bange stated that she attended the Parks and Recreation Advisory Commission meeting this morning. There have been requests of many citizens at Ida Lee Park to extend the weekend hours. She congratulated the Adopt-A-Spot winners and urged other citizens and businesses to also participate in this worthwhile program. W. T. Woodson, who was the superintendent of schools in Fairfax County for a number of years made a comment one year regarding National Education Week. "Everyday is a good day when it opens the door to the world to young people in a positive way by instilling in them the desire for knowledge and Minutes of November 12, 1991 the enthusiasm for pursuing their goals and dreams by developing their skills, their talents as well as their minds." MAYOR'S REPORT Mayor Sevila wished to recognize the silent gift of the employees of the Town of Leesburg. He referred to the level of participation within town government in the United Way Program. The total confribution was $4,412.00 from employees of the town. He commended the town staff who donated to the United Way. He stated that he has heard more people comment, this year, on the quality of the Halloween Parade. It was a very entertaining event. He commended the Kiwanis Club for an outstanding job. Mr. Lovin stated that the congratulations should go to the parade chairman Bill Hunt. Mayor Sevila stated that Sunil Varn, Director of the Town Center Management Initiative in Ayr Scotland visited the town for two weeks. He stayed with Mike Tringale and was here for the purpose of observing the town's Renaissance program. Learning what we do as a government in partnership with our businesses to encourage and stimulate growth and a healthy economy. He made a presentation, to Mr. Clem and myself, of a very attractive scarf and tie that bears the seal of the Town of Ayr. He also presented us with a bicentennial commemorative version of the complete works of Robert Burns. Mayor Sevila thanked Mike Tringale for hosting our guest and the town staff for working with Mr. Varn. Mayor Sevila stated that one of the things that the town lacks is a gift in kind that we can make to visitors from other communities. He asked that this be put on a future agenda for discussion. A void in this town is the lack of an official seal. Competitions have been conducted to create a seal and banner. Once we have a seal we can turn it in to all sorts of memorabilia and tokens that can be given MANAGER'S REPORT Mr. Brown stated that the Leesburg Hauntings attracted 5000 people to the Town of Leesburg. It was a very successful event. He commended the Kiwanis Club and the Crime Prevention Counsel on the Halloween Parade and dance. The United Way comments are very appreciated. Nancy Fixx should be recognized for her enthusiasm behind the United Way drive each year. The Christmas in April Program is a new program initiated by a volunteer group. Spear headed by Loudoun County. The program rehabilitates and repairs homes in a community. Mr. Brown and Mr. York attended the VML-VACO session in Richmond on Friday and heard from Secretary Millican on his transportation policy. LEGISLATION: lO(a) OT OSi On motion of Mr. Webb, seconded by Mr. Lovin, the following ordinance was proposed and unanimously adopted. 91-0-52 - ORDINANCE - APPROVING AN AMENDMENT TO REZONING APPLICATION #ZM-66 POTOMAC CROSSING PLANNED RESIDENTIAL COMMUNITY (PRC) TO ALLOW ENCROACHMENTS INTO REAR YARD SETBACKS FOR DECKS WHEREAS, the approved Potomac Crossing PRC Rezoning Plan #ZM-66 requires a minimum twenty (20) foot rear yard setback for all townhomes and single-family detached homes in Phase 1 and a minimum twenty-five (25) foot rear yard setback for all remaining single-family detached homes; and WHERF_J~, the provision for above-grade decks was neither illustrated nor described on the approved rezoning plan; and WHEREAS, Section 7A-5(3)e. of the Leesburg Zoning Ordinance requires a deck, three feet above grade or higher, to be not closer than twenty (20) feet from the property line; and WHEREAS, townhomes and single-family detached homes which are constructed up to the minimum rear yard requirement are either unable to accommodate an elevated deck, or may only construct an elevated deck which is up to five (5) feet in depth, respectively; and WHEREAS, apphcations to the Board of Zoning Appeals for variances are not recommended in this case, as the hardship is not unique to an individual homeowner/applicant; and Minutes of November 12, 1991 WHEREAS, on May 30, 1991, the Potomac Crossing Homeowners Association Advisory Committee requested that the Town Council consider methods to resolve this oversight and resulting problem within the Potomac Crossing PRC, the first planned development district in the Town of Leesburg; and WHEREAS, a rezoning plan text amendment was initiated by the Town Council as an appropriate method to provide relief for Potomac Crossing homeowners by allowing an encroachment into the required rear yard setback for decks, three (3) feet above-grade or higher; and WHEREAS, the Planning Commission, on August 8, 1991, recommended approval of rezoning application #ZM-131: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg hereby approves an amendment to the approved Potomac Crossing Planned Residential Community Rezoning Plan #ZM-66 as follows: "An elevated deck, three (3) feet above-grade or higher, can encroach a maximum of ten (10) feet into the minimum required rear yard setback for all townhomes and single-family detached homes in Phase I and a maximum of five (5) feet into the required rear yard setback for all remaining single-family detached homes." SECTION II. This ordinance shall be effective upon its passage. VOTE: Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None lO.(b) Mr. Brown stated that staff would like this item to be referred back to the Planning and Zoning Committee. Staff has met with representatives of the N-VBIA who pointed out a few things that staff needs to address. 10.(c) Councilmember Forester stated that she will abstain from any discussion and vote on the comprehensive sign package for the Battlefield Shopping Center. Mrs. Forester's husband is an employee of Hechinger which is a proposed anchor tenant in the Battlefield Shopping Center. Mr. Jack Manton, addressed the Council, with regard to the proposed comprehensive sign package for Battlefield Shopping Center. Mr. Manton's statement is attached and made a part of the minutes. Mr. Lovin stated, with regard to the Payless Shoe Store sign, that the Town of Leesburg has been successful in the past with national chain logos and corporate colors. He gave examples as the EconoLodge and the Mazda Dealership. Mr. Lovin asked if Mr. Robert Burkhiemer, with Payless Shoes, was contacted. Mr. Manton stated that in conversations with Payless representatives they have stated they will not go in the shopping center unless they are allowed to use their corporate colors. Mr. Lovin stated that this sign package has had a recommendation from the Board of Architectural Review (BAR) for approval. He took exception to the unanimous vote by the BAR of which Mr. Lovin was not able to attend that meeting in which the vote was taken. There are members of the BAR that have some serious reservations with regard to the monument sign with the directory. Technically the BAR does not review these sign packages but under the new sign ordinance, enacted in April, the BAR now reviews these sign packages. The sign ordinance that was enacted in April was reviewed by a citizen committee of 12 people. That committee looked at the sign ordinance and came up with the ordinance that was enacted on April 13, 1991. MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed. RESOLUTION:APPROVING COMPREHENSIVE SIGN APPLICATION #CSP-91-01 FOR THE BATTLEFIELD SHOPPING CENTER LOCATED ON THE SOUTHEAST CORNER OF THE ROUTE 15 BYPASS AND EDWARDS FERRY ROAD WHEREAS, on October 10, 1991, the applicant. Fort Evans-Beverly Road Associates, applied for a Comprehensive Sign Package for the Battlefield Shopping Center, located on the southeast corner of the Route 15 Bypass and Edwards Ferry Road; and WHEREAS, on October 21, 1991, the Board of Architectural Review recommended approval of the sign package with amendments; and WHEREAS, the Council believes that this Comprehensive Sign Package conforms with the design criteria contained in the Zoning Ordinance: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Comprehensive Sign Package #CSP-91-01 for the Battlefield Shopping Center is Minutes of November 12, 1991 hereby approved in accordance with the submitted renditions with the following conditions: The monument sign located at the intersection of the Route 15 Bypass and Edwards Ferry Road shall be reduced to 14 feet in height, the neon banding shall be removed, and the letter for the individual tenants shall be uniform. All lettering on the buildings shall be uniform in style with the exception of the corporate logos for Hechinger's, Shoppers Food Warehouse, Payless Shoe Store, and the Hub. All lettering on the buildings shall be red in color with the exception of Hechinger's, which shall be permitted to have blue lettering and Payless Shoe Store which shall be permitted to have orang~ .and yellow lettering. Ail lettering on the buildings shall be between 12 inches and 24 inches in height, with the exception of the Hechinger's, Shoppers Food Warehouse and the Hub. SECTION II. The following signs are authorized to exceed the size limitations set forth in the Article 10 of the Zoning Ordinance: 1. Hechinger's shall be permitted up to a maximum of 300 square feet of building signage. The monument sign located at the intersection of the Route 15 Bypass and Edwards Ferry Road shall not exceed 14 feet in height measured at grade and 22 feet across. In addition, the sign copy may include the name of the shopping center plus six (6) individual tenant names. The overall size of the monument sign located on the Route 15, at the southwest corner of the property, may be constructed up to 70 square feet. DISCUSSION Ms. Bange stated, as a member of the ad hoc sign committee, there is a provision in the sign ordinance that states that a sign package can be at the discretion of the Zoning Administrator and subject to BAR review and recommendations. In order that there be some flexibility to sign packages as they were submitted to the town for consideration. She stated that she has visited the site and the only store that is visible from Route 15 is the Hechinger store. In order to see the other stores you must drive up into the shopping center. In light of this, she stated that she would support the Payless Shoe Store sign colors of orange and yellow. If it were blaring down onto Route 15 or Route 7 she would have had a different view of this. This is a reasonable request. Mayor Sevila stated that this sign package is intended to cover all signage for all occupants in this shopping center. Any variation on the approval would require future action. For example, if one of the anchor tenants merges with another entity and seeks to have a sign which varies from the ordinance. Mr. Manton stated that he is fully aware that if there is any modification to the approved sign package that he would have to come back before the BAR, through the chains to the full Council. Mayor Sevila asked if Hechinger merged with another entity and wanted a new name, would that require reconsideration of the comprehensive sign ordinance? Zoning Administrator Scott Johnson stated probably not, if it is consistent with what is approved. If there was a change in colors then yes it would go back to the BAR. We are trying to have the BAR take care of as much as possible. Mr. Lovin stated that he has given this matter a lot of thought. He has visited the shopping center on three occasions. He has seen sign packages quite a bit by serving on the BAR. It is a very, very attractive shopping center. Architecturally it is nice and it is going to be a center that the citizens will be proud of. This is the first ma~or shopping center to be constructed in a close-in area. A comprehensive sign package is basically a negotiation or a give and take from the ordinance. This is a large shopping center. Leesburg is a unique town - our town and we should have a right to say what we like and what we don't like. We are not "any town USA." He stated that he has some major problems with this sign package. One is the corporate color of the Payless Shoe Store. The size of the monument sign with the directory is excessive. Bi-right, you can have one monument sign. The applicant has asked for two. One sign with six tenants on it proposed at 275 square feet. The ordinance calls for 40 square feet. Bi-right, you are allowed three anchor tenants. The applicant has been given approval for six. Another concern is the location of the monument sign with the directory on it. It is proposed to be on the corner where the traffic signal will be. Wouldn't it be better to have a reduced monument sign with a directory as you turn into the shopping center? Mr. Lovin stated that he would support the second monument sign and made to go around the intersection. Mr. Lovin made the motion to amend Section I of the proposed resolution - item 1 referring to the size of the monument sign - the applicant should be allowed 80 square feet, twice the size not seven times the size. Item 3 of Section I - to allow only Hechinger to have corporate colors. Item 2 of Section II - the monument sign with directory should be located near the entrance to Battlefield Shopping Center on Fort Evans Road instead of at the corner of Route 15 and Route 7. Minutes of November 12, 1991 Item 3 of Section II - the sign should be located at the intersection of Route 15 and Edwards Ferry Road in a curved nature. The motion was seconded by Mr. Kimball. Mr. Clem stated that the Council intrusts their decision making to the Board of Architectural Review and to the Zoning Administrator and they have made a recommendation. He will support their motion. Mayor Sevila stated that the Council refers items to the BAR to make recommendation to the Council. It is still the Council's decision. Mr. Kimball stated that it was difficult for him to get a sense of size of these signs by looking at drawings. The size of the proposed monument sign causes him concern. Another concern is the economic conditions as they exist today - trying to look for some accommodations to help stimulate the economy, like the Leesburg Auto Park. At this point, he stated that he did not know what the proper thing to do is. He stated that he could not support the size of the monument/directory sign. He asked if there was additional time available for more discussion between the applicant and staff to reach a more agreeable position. Mr. Lovin stated that he is ready to vote on this issue. Ms. Bange stated that she agreed that the size of the sign is big but it is according to the proximity to the road. If that sign is set in its proper location it would not be such a distasteful sign. Mayor Sevila stated that the large marquee sign is intended for the dedicated area immediately at the intersection of Route 15 and Edwards Ferry Road. Size is relevant and there are interests that need to be balanced in these discussions that bigger is better. The bigger the sign is the more business one thinks it is likely to attract. The Council has to balance against that and the interest of this community. Both the interest of the economic success of the shopping center and the interest of the visual order and aesthetics of the community. We need to work together to find something that works for all of us. He stated that the uniformity/visual order that the Council is referring to is the view you get from within the shopping center or on the right-of-way looking at the shopping center and that is the twelve to twenty-four inch signs that will form a single band interrupted only by the changing facade of these buildings and the changing signatures of the various anchor stores. There is visual order in that and it is acceptable. With regard to the orange and yellow Payless Shoe Store sign it is unfortunate that the proposed tenant is not more sympathetic to the desires of our community to achieve some visual/aesthetic quality in signage. The monument sign is much too large and we need to work together to achieve something that works for the center. In addition, the location of the sign in the dedicated right-of-way of Route 15 and Edwards Ferry Road is a concern unless it can be sized appropriately. We have some room to talk. We need to work together to put together a sign package that will help make this center profitable. We do not want to approve a sign package that will set a precedent that will be demanded by each one of your competitors as they locate on the three corners of that intersection. Mayor Sevila stated that he would like to invite Mr. Manton to sit down with the Council and staff at committee level to discuss this matter in a way that we might be able to achieve something that we are unanimously in support of. Mr. Manton stated that the applicant has never not worked with the town staff, Council and the Commissions to achieve their goals. He stated that he disagrees with the fact that everybody on the three corners will have the same center as Battlefield because the one across the street will be larger and Shenandoah Square is about one-third the size. Therefore, they would not be entitled to the same signage. The monument sign at the intersection - the dedicated parcel on that particular corner is further up the hill. The sign would be up the hill quite a distance it would not be sitting down on the street. We would be happy to work with the town but time is of the essence. Mayor Sevila suggested this item be referred to the Planning and Zoning Committee for further discussion and resolve it and have it back on the Council agenda the following week. Perhaps a site visit by members of the Council with Mr. Manton might be appropriate to point out the proposed locations on the property as opposed to on the plats and plans. Mr. Lovin withdrew his proposed amendments to the resolution. Mr. Kimball seconded the motion. Ms. Bange withdrew her original motion to adopt the resolution. Mr. Clem seconded the motion. Mr. Kimball stated that the recent Council position on the Leegate property is an indication of the Council's general willingness to work with the development community. He senses that same willingness this evening. Items 10.(c) and 10.(d) were referred to the November 26, 1991 Planning and Zoning Committee meeting for further discussion and consideration. Minutes of November 12, 1991 10.(e) MOTION On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-244 - RESOLUTION - APPROVING AND ADOPTING AMENDMENTS TO THE ANNEXATION AREA DEVELOPMENT POLICIES ADOPTED ON NOVEMBER 15, 1982 WHEREAS, the Town Council of the Town of Leesburg, Virginia and the Board of Supervisors of Loudoun County, Virginia, in accordance with the:Annexation Area Development Policies, appointed a joint policy committee composed of two (2) representatives from both the Town and the County; and WHEREAS, it is the responsibility of such joint policy committee to review and report to each governing body on amendments to such Annexation Area Development Policies; and V~rYE~, the joint policy committee has reviewed the Annexation Area Development Policies and recommends the adoption of certain amendments for such Annexation Area Development Policies to each respective governing body: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Annexation Area Development Policies as adopted by the Town of Leesburg, Virginia and the Board of Supervisors of Loudoun County, Virginia on November 15, 1982 and as amended, shall be and are hereby amended as set forth in the Annexation Area Development Policies, Attachment 2 to the Loudoun County/Leesburg Agreement, dated February 12, 1990 attached hereto and made a part hereof. SECTION II. These amendments shall be executed by the Mayor on behalf of the Town. SECTION III. The Mayor of the Town is hereby authorized to do those things necessary and appropriate to implement the amendments adopted herein and further shall advise the Virginia Commission on Local Government of said ame~ndments. VOTE: Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None lO.(f) MOTION On motion of Mr. Clem, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 91-245 - RESOLUTION - AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN OF LEESBURG, VIRGINIA, GENERAL OBLIGATION REFUNDING BONDS, SERIES 1991 WHEREAS, the Town of Leesburg, Virginia ("Town") has issued its $4,000,000 General Obligation Public Improvement Bonds, Series 1983 ("1983 Bonds") and the Town Council intends to issue general obligation bonds of the Town to refund all or a portion of the 1983 Bonds: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1. Authorization of Bonds and Use of Proceeds. The Town Council hereby determines that it is advisable to contract a debt and to issue and sell the Town's general obligation refunding bonds ("Bonds") in an amount not to exceed $3,000,000. The issuance and sale of the Bonds is hereby authorized. The proceeds from the issuance and sale of the Bonds shall be used to amortize the principal of and premium, if any, and interest on the 1983 Bonds and to pay certain costs of issuing the Bonds. In accordance with Section 15.1-227.65 of the 1950 Code of Virginia, as amended, ("Virginia Code") the Council elects to issue the Bonds pursuant to the provisions of the Public Finance Act of 1991. 2. Pledge of Full Faith and Credit. The full faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of premium, ff any, and interest on the Bonds as the same become due and payable. The Town Council shall levy an annual ad valorem tax upon all property in the Town, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Redemption and Payment of 1983 Bonds; Escrow Agreement. The Town Manager is authorized and directed to execute and deliver an Escrow Agreement between the Town and an Escrow Minutes of November 12, 1991 Agent to be selected by the Town Manager providing for the irrevocable deposit of proceeds of the Bonds sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and premium, if any, and interest on the 1983 Bonds to be refunded. The Town Manager is authorized and directed to irrevocably call for redemption all or a portion of the 1983 Bonds of such maturities and in such amounts as the Town Manager may determine and to provide for notice of such redemption to be sent to the registered owners of such 1983 Bonds. 4. Sale of Bonds. The Town Council authorizes the sale of the Bonds in the aggregate principal amount not to exceed $3,000,000 to Craigie Inc., as underwriter ("Underwriter"). The Town Manager and the Mayor, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriter, providing for the sale and delivery of the Bonds upon terms and conditions to be approved by such officers, provided that (i) the true interest cost of the bonds shall not exceed 6.8%; (ii) the final maturity of the Bonds shall not be later than the final maturity of the 1983 Bonds; and (iii) the sale price of the Bonds to be Underwriter shall not be less than 97% of the aggregate principal amount thereof. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Details of Bonds. The Bonds shall be issued upon the terms established pursuant to this resolution and the Bond Purchase Agreement or such other terms as may be set forth by subsequent resolution of the Town Council. The Bonds shall be issued in fully registered form, shall be dated December 1, 1991, shall mature serially in the years and amounts set forth in the Bond Purchase Agreement, shall bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. The Bonds shall be subject to early redemption on the terms set forth in the Bond Purchase Agreement. 6. Form of Bonds. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Town Council. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 7. Appointment of Bond Registrar and Paying Agent. The Director of Finance for the Town is appointed as Bond Registrar and Paying Agent for the Bonds. The Town Council may appoint a subsequent registrar and/or one or more paying agents for the Bonds by subsequent resolution and upon giving written notice to the owners of the Bonds specifying the name and location of the principal office of any such registrar or paying agent. 8. Book-Entry-Only Form. The Bonds shall be issued in fully registered form and registered in the name of Cede & Co., a nominee of the Depository Trust Company, New York, New York, CDTC") as registered owner of the Bonds, and immobilized in the custody of DTC. One fully registered Bond in typewritten or printed form for the principal amount of each maturity shall be registered to Cede & Co. Beneficial owners of Bonds shall not receive physical delivery of the Bonds. Principal, premium, if any, and interest payments on the Bonds shall be made to DTC or its nominee as registered owner of the Bonds on the applicable payment date. Transfer of ownership interest in the Bonds shall be made by DTC and its participants ("Participants"), acting as nominees of the beneficial owners of the Bonds, in accordance with rules specified by DTC and its participants. The Town shall notify DTC of any notice required to be given pursuant to this resolution or the Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The Town shall also comply with the agreements set forth in the Town's letter of representations to DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of Bonds rather than to DTC, or its nominee, but only in the event that: (i) DTC determines not to continue to act as securities depository for the Bonds; or (ii) The Town has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The Town has determined that it is in the best interest of the beneficial owners of the Bonds not to continue the book-entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the Town shall attempt to locate another qualified securities depository. If the Town fails to locate another qualified securities depository to replace DTC, the Town shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto to the participants. In the event the Town Council, in its discretion, makes the determination noted in (ii) or (iii) above and has made provisions to notify the beneficial owners of the bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the Town shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto to any Participants requesting such bonds. Principal of, premium, if any, and interest on the Replacement Bonds shall be payable as provided in the Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraphs 11 and 12 of this Resolution and the Bonds. 9. Execution of Bonds. The Mayor and Clerk of the Town Council are hereby authorized and directed to execute appropriate negotiable Bonds and to affix the seal of the Town thereto. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the Minutes of November 12, 1991 signatures of the Mayor and Clerk are both by facsimile, the Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 10. CUSIP Numbers. The Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the Town, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the Town and any officer or agent of the Town, by reason of any inaccuracy, error or omission with respect to such numbers. 11. Registration, Transfer and Exchange. Upon surrender for transfer or exchange of any Bond at the principal office of the Bond Registrar, the Town shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Bond surrendered and of the same form and maturity and bearing in~'~'a~'the ""~ ~ same rate aS the Bond surrendered, subject in each case to such reasonable regulations as the Town and the Bond Registrar may prescribe. An Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Town and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney- in-fact or legal representative. No Bond may be registered to bearer. New Bonds delivered upon any transfer or exchange shall be valid obligations of the Town, evidencing the same debt as the Bonds surrendered, shall be secured by this resolution and entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. 12. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Bonds, but the Town may require payment by the registered owner of any Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Bond. 13. Non-arbitrage Certificate and Tax Covenants. The appropriate officers and agents of the Town are authorized and directed to execute a Non-arbitrage Certificate and Tax Covenants setting forth the. expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Town Council covenants on behalf of th'e Town that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in the Town's Non-arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Bonds and that the Town shall comply with the other covenants and representations contained therein. 14. Disclosure Documents. The Town Manager, and such officers and agents of the Town as he may designate, are hereby authorized and directed to prepare, execute and deliver, as appropriate, a preliminary official statement, an official statement and such other disclosure documents as may be necessary to expedite the sale of the Bonds. The preliminary official statement, the official statement or other disclosure documents shall be published in such publications and distributed in such manner and at such times as the Town Manager, or such officers or agents of the Town as he may designate, shall determine. 15. State Council on Local Debt. The Bonds shall not be issued until such issuance has been approved by the State Council on Local Debt and the Town Manager, and such officers and agents of the Town as he may designate, .are authorized and directed to take such action as may be required to apply for State Council on Local Debt approval. 16. Further Actions. The Town Manager and such officers and agents of the Town as he may designate, are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. 17. Effective Date. This resolution shall take effect immediately. The undersigned Clerk of Council of the Town of Leesburg, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of a Resolution adopted at a regular meeting of the Town Council of the Town of Leesburg, Virginia, held on November 12, 1991. VOTE: The resolution was adopted by a role call vote of 7-0. Aye.- Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None 10.(g) MOTION On Motion of Mr. Webb, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 91-246 RESOLUTION APPOINTING MEMBERS TO THE ECONOMIC DEVELOPMENT Minutes of November 12, 1991 ADVISORY COMMITTEE WHEREAS, the terms of office of the Economic Development Advisory Committee members expired on June 30, 1991; and WHEREAS, the Economic Development Advisory Committee plays an important role in promoting economic development in the Town of Leesburg and advising the Town Council on related matters; and WHEREAS, on September 10, 1991, the Council adopted legislation to expand the Economic Development Advisory Committee's membership to provide more diversity and to re-emphasize local economic development efforts; and WHEREAS, an advertisement placed in the Loudoun Times-Mirror solicited several interested citizens willing to serve on the committee; and WHEREAS, current members of the committee have expressed a desire to continue their service on the committee: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: David Bowers Donald Butler Howard Hollar James Pumphrey Bruce Roberts Gladys Burke Thomas Galloway Thomas Nalls Joby Reynolds Travis Sample Joseph Trocino Lee Wall Marc Weiss are appointed to the Economic Development Advisory Committee for terms of two years, the terms of office to expire on June 30, 1993. VOTE: Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None 10 (h) was referred to the November 26, 1991 Administration and Public Works Committee agenda for further consideration. 10 (i). (i). (k). (m). (n). (o). (o). (q), (r). (s) 10 (1) was referred to the November 26, 1991 Administration and Public Works Committee agenda for further consideration. MOTION On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed as consent items and unanimously adopted. 91-247 - RESOLUTION - AUTHORIZING THE MAYOR TO COMMENT ON BEHALF OF THE TOWN COUNCIL REGARDING PROPOSALS TO REDISTRIBUTE TRANSPORTATION TRUST FUNDS WHEREAS, the Commonwealth Transportation Board, under the direction of Secretary of Transportation, John G. Milliken, has scheduled public hearings to receive comments regarding seven proposals to redistribute the Transportation Trust Funds; and WHEREAS, the Town of Leesburg is significantly affected by two of the seven proposals; and WHEREAS, one proposal calls for increasing local jurisdiction contributions to the Virginia Department of Transportation (VDOT) Urban System Improvement Program from 2% of project costs to 20% of project costs; and WHEREAS, if the proposal is adopted, the town's financial obligation to complete the two projects in VDOT's Six-Year Plan, Plaza Street Extension and Catoctin Circle widening, would increase from the current estimated $243,600 to $2,436,000; and WHE~, under another proposal, the town would become eligible for the Transportation Revenue Sharing Program which offers up to $650,000 of 50% matching funds for traffic signals, turn lanes and widening projects; and WHEREAS, eligibility for the Transportation Revenue Sharing Program would enable the town to accomplish several needed projects in a shorter timeframe because the funding could be split with the Commonwealth; and WHEREAS, Leesburg's transportation needs continue to expand at the same time revenue sources are shrinking which reduces the town's capability to provide matching funds: Minutes of November 12, 1991 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is directed to prepare a report to be delivered by the mayor to the Commonwealth Transportation Board which states the Town Council's position that the proposed altering of the distribution of Transportation Trust Fund dramatically shifts the burden of providing essential transportation services to local jurisdictions in a manner which renders the necessary improvements currently scheduled in the VDOT Six-Year Plan cost prohibitive. SECTION II. The mayor's report shall also encourage the Commonwealth to make Leesburg eligible for the Transportation Revenue Sharing Program which would facilitate construction of traffic signals, widening projects, turn lanes and other necessary town projects by providing 50% matching funding. 91-248 - RESOLUTION - AUTHORIZING FUNDING FOR LEESBURG RENAISSANCE, INC. WHEREAS, on June 27, 1990, the Town Council adopted Resolution No. 90-160, which established Leesburg Renaissance, Inc. and the conditions required for matching town funding; and WHEREAS, as one of the conditions of funding, Leesburg Renaissance, Inc. must receive Council authorization of programs that are to be initiated and implemented; and WHEREAS, between September 1, 1991 and October 31, 1991, Leesburg Renaissance, Inc. received revenues from the Leesburg Hauntings ticket sales and other business contributions; and WHEREAS, the matching funding requested, along with previous payments made during this fiscal year, remains within the funding amount budgeted for Leesburg Renaissance, Inc.; and WHEREAS, active promotion of Leesburg during difficult economic conditions is necessary and welcome by town businesses and citizens: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The request for matching funding in the amount of $10,585.00 for Leesburg Renaissance, Inc. through October 31, 1991, is hereby authorized. 91-249 - RESOLUTION - AUTHORIZING AN EXTENSION OF THE DEFERRAL OF PAYMENT OF PROCESSING FEES FOR THE TOLL ROAD CORPORATION OF VIRGINIA WHEREAS, the Town Council has consistently endorsed and supported the extension of the Dulles Toll Road to Leesburg; and WHEREAS, Town Council and town staff recognize the importance of the project for economic development in Leesburg; and WHEREAS, the processing fees has been calculated to be $13,928.00; and WHEREAS, the TRCV received a similar deferral from Loudoun County and is progressing toward construction of the much needed transportation facility; and WHEREAS, Resolution #91.76 adopted by the Town Council on April 9, 1991 authorized a deferral of payment of processing and review fees for the construction drawings and final plats associated with the Dulles Toll Road Extension within Leesburg until 30 days after the closing date for permanent construction financing or September 1, 1991, whichever occurs first; and WHEREAS, the Toll Road Corporation of Virginia has not yet finalized its construction financing and has requested a continuation of the fee deferral. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Payment of processing fees for the Dulles Toll Road Extension to Leesburg is hereby deferred. SECTION II. The total amount of fees deferred shall not exceed $13,928.00. SECTION III. Full payment of deferred fees will be made within 30 days after the closing date for permanent construction financing for the Dulles Toll Road extension or one year from the date of adoption of this resolution, whichever occurs first. 91-250 - RESOLUTION - SETTING A PUBLIC HEARING FOR THE IMPOSITION OF A CIGARETTE TAX WHEREAS, this Council has discussed at its budget work session on October 29, 1991 the imposition of a tax on cigarettes sold in Leesburg; and WHEREAS, this tax would be a revenue enhancement to the town; and WHEREAS, this tax is provided for through enabling legislation contained in Virginia Code Sections 58.1-3830-3832 and Sections 58.1-3840; and Minutes of November 12, 1991 WHEREAS, it is the town's intention to seek membership with the Northern Virginia Cigarette Tax Board to assist with the administration of the tax. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the imposition of a cigarette tax shall be published in the Loudoun Times-Mirror on November 13, 1991 and November 20, 1991 for a public hearing on November 26, 1991 at 7:30 p.m., in the Council Chambers, 25 West Market Street. Leesburg, Virginia. 91-251 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AN AMENDMENT TO SECTION 11A-4(13) OF THE LEESBURG ZONING ORDINANCE TO PROVIDE A PROCESS FOR THE REVOCATION OF SPECIAL EXCEPTIONS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider an amendment to Section 11A-4(13) of the Leesburg Zoning Ordinance to provide a process for the revocation of special exceptions shall be published in the Loudoun Times Mirror on November 27, 1991 and December 4, 1991 for public hearing on December 10, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street. Leesburg, Virginia. 91-252 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE TO INCLUDE SECTION 7A-13 RECREATION AND UTILITY EQUIPMENT RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider an amendment to the Leesburg Zoning Ordinance to include Section 7A-13 Recreation and Utility Equipment shall be published in the Loudoun Times Mirror on November 27, 1991 and December 4, 1991 for public hearing on December 10, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street. Leesburg, Virginia. 91-253 RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION #SE-91-04 PRECISION TUNE BY DAKOTA ENTERPRISES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider special exception application #SE-91-04 by Dakota Enterprises shall be published in the Loudoun Times Mirror on November 27, 1991 and December 4, 1991 for public hearing on December 10, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street. Leesburg, Virginia. 91-254 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED AT LEESBURG GATEWAY CONDOMINIUMS WHEREAS, the Town's Director of Engineering and Public Works has reviewed the public improvements installed to date at Leesburg Gateway Condominiums and certified that the value of work performed is $127,748.00; and WHEREAS, a letter of credit from Eastern American Bank in the amount of $367,000.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements for the Leesburg Gateway Condominiums. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Eastern American Bank in the amount of $367,000.00 is reduced to $239,252.00. 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 Leesburg Gateway Condominiums. 91-255 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN THE WARREN HILL SUBDMSION WHEREAS, the Town's Director of Engineering and Public Works has reviewed the public improvements installed to date in the Warren Hill Subdivision and certified that the value of work performed is $139,719.00; and WHEREAS, a corporate surety bond from Westchester Fire Insurance Company in the amount of $219,200.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements for the Warren Hill Subdivision. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from Westchester Fire Insurance Company in the Minutes of November 12, 1991 amount of $219,200.00 is reduced to $79,481.00. SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond 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 Warren Hill Subdivision. 91-256 - RESOLUTION - CANCELLING THE PLANNING AND ZONING COMMITTEE MEETING AND THE ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETING OF DECEMBER 17, 1991 AND CANCELLING THE COUNCIL MEETING OF DECEMBER 24, 1991 WHEREAS, the Council's Planning and Zoning Committee and Administration and Public Works Committee are scheduled to meet ion December 17, 1991; and WHEREAS, a regular Town Council meeting is scheduled for December 24, 1991; and WHEREAS, these meetings will interfere with the observation and celebration of the Christmas holidays: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Planning and Zoning Committee meeting and the Administration and Public Works Committee meeting of December 17, 1991, and the Town Council meeting of December 24, 1991 are cancelled. VOTE: Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None lO.(t) MOTION: On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 91-257 - RESOLUTION - AUTHORIZING A CONTRIBUTION TO POSITIVE YOUTH WORKS, INC. WHEREAS, Positive Youth Works, Inc. is a private, non-profit organization established to assist disadvantaged Leesburg youth; and WHEREAS, in October, 1991, Positive Youth Works, Inc. submitted a funding request to the Town Council along with information on the programs conducted by Positive Youth Works, Inc.; and WHEREAS, the Town Council and representatives of Positive Youth Works, Inc. have subsequently met on several occasions to discuss the funding request for $5,000 from the Town of Leesburg; and WHEREAS, the Town of Leesburg has already supported Positive Youth Works, Inc. this year with an in-kind donation of $1,024 for the use of Ida Lee Park and staff assistance during the Camp Bright Star summer program; and WHEREAS, a cash contribution, however, to Positive Youth Works, Inc. has not been budgeted for this fiscal year; and WHEREAS, Positive Youth Works, Inc. is a volunteer based organization that contributes significantly to Leesburg's quality of life; and WHEREAS, it is the desire of the Town Council to continue to support Positive Youth Works, Inc. by providing a cash contribution of $2,500 for this fiscal year 1991-1992, and by considering a provision in the budget for a cash contribution of $2,500 and continued in-kind donations in the following fiscal year 1992-1993: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to issue payment of $2,500 to Positive Youth Works, Inc. to allow for the continued administration and operation of programs to benefit Leesburg youth. SECTION II. An appropriation in the amount of $2,500 is made to General Fund Account Number 200-9100-560-210. VOTE: Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Minutes of November 12,:' 1991 NEW BUSINESS Mayor Sevila stated that he received from the Department of Housing and Urban Development a book entitled Not in My Back Yard, subtitled Removing Barriers to Affordable Housing. He stated that affordable housing is going to be an element in the comprehensive plan. Mayor Sevila forwarded this book to the planning staff. Mr. Webb congratulated Mayor Sevila on the way he handled the issue of the comprehensive sign package for Battlefield Shopping Center. · Clerk of Council Town of Leesburg