HomeMy Public PortalAbout1992_03_24TOWN COUNCIL MEETING MINUTES OF MARCH 24, 1992
A regular meeting of the Leesburg Town Council was held on March 24, 1992, at 7:30 p.m., in
the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by
the Vice-Mayor.
INVOCATION was given by Councilmember Georgia W. Bange.
SALUTE TO THE FLAG was led by Councilmember Claxton E. Lovin
ROLL CALL
Councilmembers present
Georgia W. Bange
Vice-Mayor James E. Clem
Christine M. Forester
Claxton E. Lovin
William F. Webb
Absent
Councilmember Donald A. Kimball
Mayor Robert E. Sevila
Staff members present
Town Manager Steven C. Brown
Assistant Town Manager for Economic Development and
Administration Peter Stephenson
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Director of Parks and Recreation Gary Huff
Director of Finance Paul E. York
Chief of Police James M. Kidwell
Planners Gene Arner and Marilee Weir
Public Information Officer Susan Farmer
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, the regular meeting minutes of March 12, 1991 and
March 10, 1992, were approved as written.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin and Webb
Nay: None
Absent: Mayor Sevila, Councilmember Kimball
CERTIFICATES OF APPRECIATION
Vice-Mayor Clem and Chief Kidwell presented Certificates of Appreciation to Leesburg Police Officers
Steven Pebler and William Potter. The certificates read: "For preventing a homicide and defusing a
volatile situation by exercising professional law enforcement restraint and crowd control methods.
PROCLAMATIONS
The following proclamation was proposed and adopted.
PROCLAMATION
Minutes of l~rch 2~, 19~2
KEEP LOUDOUN BEAUTIFUL
TWENTY FIRST ANNUAL CLEAN-UP CAMPAIGN
WHEREAS, Leesburg is blessed with a unique natural beauty; and
WHEREAS, significant effort by individuals and orgs~ni~.ations have contributed to maintaining
the town's pristine environment; and
WHEREAS, Keep Loudoun Beautiful (KLB) has for twenty years spearheaded community efforts
to maintain and enhance Leesburg and Loudoun County's beauty; and
WHEREAS, the 21st annual countywide dean-up campaign sponsored by KLB will be held April
3rd through April 21st; and
WHEREAS, Ix'7,R relies on hundreds of local volunteers to clean up our area's roadside, streams
and other public areas; and
WHEREAS, last year, more than 950 residents worked over 2,000 hours to remove litter from
142 miles of road and waterways:
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Town Council of the Town of
Leesburg hereby proclaim April 3, 1992 through April 21, 1992, as KI.R's 21st Annual Clean-up
Campaign and urge all individuals, families, businesses, organizations, dubs and groups to assist Keep
Loudoun Beautiful in their worthy effort to benefit the Town of Leesburg.
PETITIONERS
Mr. B. Powell Harrison addressed the Council with regard to Leesburg's growth. Mr. Harrison's
statement is attached and made a part of the official record.
Economic Advisory Commission's Annual Environmental Awards Presentation EAC Chairman John
Tolbert, EAC member Elmo Blythe and Parks and Recreation Director Gary Huff presented awards to:
Representatives of Silver Oaks Subdivision, Franklin Lucus, Ren Morgan, Mobile Oil Corporation, Mr.
& Mrs. Jeff Harrison, W. W. Chamblin, Mr. John Wallace, the Rust Library, Mr. Peter Burnett and Mr.
& Mrs. Paul Reimers.
Mr. Kevin Wright, representing the Talley Ho Theater, addressed the Council. He thanked the Council
and st~ff for their efforts, support and cooperation in providing the permanent fencing on the garage deck.
Ms. Jane Brown, a Leesburg Area Neighborhood Watch Leader, addressed the Council with regard to
the proposed budget cuts in the police department. She urged the Council to look elsewhere for budget
cuts and to continue to give the town's police officers the training, equipment and desire to carry out law
enforcement within the town.
PUBLIC HEARING to consider Rezoning Application #ZM-132 and Town Plan amendment
by Leesburg Associates
Ms. Marilee Weir addressed the Council presenting a staff report. The application requests the rezoning
of 22.5 acres from R-1 single-family to R-16 to permit the development of single-family attached and
muiti-fami]y dwelling units at an overall density not to exceed 12 units per acre. A Town Plan
amendment is also required to change the land use designation from planned employment to high density
residential. The Planning Commission forwarded a favorable recommendation on January 23, 1992. The
approval is conditioned upon the mitigation of transportation impacts associated with the proposed
development, the multi-fsmily density will not exceed 12 dwelling units per acre and fire and rescue and
parks and recreation proffers should more closely reflect the impacts of this development on the
community. The property is located approximately 1500 feet east of the Route 15 bypass and Fort Evans
Road.
Mr. Lovin questioned the current existing housing mix in the town, stating that reducing the zoning from
R-1 to R-16 will have an effect on housing mix. Approving an amendment to negate planned employment
moves the tax burden to residential.
Minutes of March 24, 1992
Mr. Michael Banzhaf, representing the applicant, addressed the Council. He stated that the proposal to
make this a mixed use project is consistent with the Town Plan. Signed proffers have been submitted.
Details have been worked out of the proffers with staff and they address largely the concerns that staff
has raised. The properties that surround this property are largely employment uses with the exception
of residential to the east.
Mr. Lovin expressed concern that there is a slow assault on the town's planned employment sector that
the Town Plan outlines.
Mrs. Forester addressed Mr. Banzhaf stating that it was not stafCs suggestion to zone this property
residential. It was an outcome at the Planning Commission level in terms of buffering this property from
the Amurcon property.
The public hearing was dosed.
MOTION
On motion of Mrs. Forester, seconded by Mr. Lovin, this matter was referred to a future Planning and
Zoning Committee meeting for further consideration and discussion.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin and Webb
Nay: None
Absent: Mayor Sevila, Councilmember Kimball
COUNCILMEMBER COMMENTS
Mr. Webb had no comment.
Mr. Lovin encouraged everyone to register to vote and exercise their right to vote on May 5. Voter
registration ends April 4, at 5:00 p.m.
He congratulated Ms. Patti Snodgrass, the new Executive Director of Leesburg Renaissance.
Mrs. Forester attended the Loudoun Community Orchestra concert on Sunday.
She attended the Crime Prevention's concert on Saturday at Loudoun County High School.
She thanked the NVBIA for the candidates forum held at Carradoc Hall.
Ms. Bange had no comment.
MAYOR'S REPORT
Mr. Clem congratulated Ms. Snodgrass on her appointment as Executive Director of Leesburg
Renaissance.
He congratulated the hospital on their successful play South Pacific.
The following resolution of respect was proposed and adopted.
RESOLUTION OF RESPECT
William Ray
WHEREAS, William Ray, Chairman of the Loudoun County Planning Commission, died on
March 6, 1992, at the age of 57; and
WHEREAS, William Ray, a resident and farmer in the Purcellville area, represented the Blue
Ridge District on the Loudoun County Planning Commission since March 1987; and
WHEREAS, William Ray, in addition to his work as an area farmer, managed Plaster's Men's
Clothing Store in Leesburg for several years, and was active in and served as a member of the board of
Minutes of March 24, 1992
the Leesburg Kiwanis Club; and
WHEREAS, William Ray was respected by all who knew him in Leesburg and Loudoun County:
THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg
extend their sympathy to his family and to the community for their loss; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of
this meeting and that a copy be sent to his wife and family.
MANAGER'S REPORT
Mr. Brown noted that the Council did receive a copy of the written activity report.
He also congratulated Patti Snodgrass.
The Mayor and Council was successful in garnering additional fuel tax money from the county. The town
received an additional $40,000.
He stated that Mr. B. Powell Harrison's remarks were profound and interesting and suggested putting
this on a future Administration and Public Works agenda for further consideration.
With regard to Ms. Brown's comments regarding potential budget cuts in the police department. It has
not been the subject of the Council's budget workshops.
Mr. Lovin stated that the enrollment fee for police training is paid for by the county.
LEGISLATION
11.
Mr. Arner addressed the Council summarizing the proposed legislation in lieu of the reading.
MOTION
On motion of Ms. Bange, seconded by Mrs. Forester, the following ordinance was proposed and
unanimously adopted.
92-0-8 ~ ORDINANCE - APPROVING REZONING APPLICATION #ZM-133 HARRISON STREET
ELDERLY HOUSING BY HARRISON II LIMITED PARTNERSHIP AND AMENDING
THE ZONING DISTRICT MAP
WHEREAS, on January 14, 1992 the Town Council received and referred to the Planning
Commission an application for rezoning proffer amendments to allow development of 67 units of multi-
family housing for the elderly by special exception in the B-1 zoning district at 316 Harrison Street. S.E.;
and
WHEREAS, the incorporated proffers amend the previously approved proffers associated with
adopted rezoning application #ZM-78; and
WHEREAS, a joint public hearing was held on February 25, 1992 to consider the proposed
proffer amendments; and
WHERFakS, following the public hearing the Planning Commission on March 5, 1992
recommended conditional approval of this application; and
WHEREAS, this rezoning proffer amendment request promotes Town Plan goals and objectives
regarding land use in the downtown area and provision of housing for the elderly; and
WHEREAS, this request is in the interest of public health, safety, convenience and welfare:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-133 Harrison Street Elderly Housing by Harrison II
Minutes of March 24, 1992
Limited Partnership is hereby approved and the Leesburg Zoning District Map is amended to adopt
amended proffers for that property identified in the land records of Loudoun County, Virginia, as Tax
Map 48A, Block 38, Parcels 2A, 3, 4 and 6, subject to the following conditions proffered in writing by the
property owner on March 21, 1992, in accordance with the provisions of Section 15.1-491(a) of the 1950
Code of Virginia, as amended:
Development of the Property will be substantially in accordance with the Concept Plan
("Preliminary Site Plan") prepared by Environmental Design Group and submitted to the Town,
December 20, 1991, except as provided in Paragraph 3, below, with reference to screening, with
such modifications as are reasonably necessary to accommodate final engineering.
The Property will be developed and used only as a residential home for the elderly. Occupancy
and use of each of the proposed 67 residential dwelling units will be in accordance with and
subject to the provisions of Title 63.1, Chapter 9, Code of Virginia, 1950, as amended and with
the Town of Leesburg Zoning Ordinance provisions regarding housing for the elderly. In the
event that more than one person occupies a unit~ at least one of the occupants must qualify to
reside in housing for the elderly. No more than two units occupied by maintenance or security
personnel, or ~ff in conjunction with the elderly housing shall be exempt from this requirement.
In the development plan for the elderly housing, the Applicant will provide screening on site
adjacent to the property to the east currently used as an auto salvage yard, and adjacent to the
property to the north currently used as the Pullen Garage, at a minimum as per the
Preliminary/Final Development Plan for 306 Harrison Street approved by the Leesburg Planning
Commission, March 30, 1989. The Applicant shall also meet any additional screening
requirements of the Planning Commission that are reasonably necessary to assure visual
separation from incompatible adjoining land uses.
The office and commercial uses shall be allowed on the Property only to the extent reasonably
necessary to provide the following services to the occupants of the Property: visiting physician,
personal care service, sale of sundries, and any similar service the purpose of which is to serve
the personal convenience of the occupants of the Property. Said office and commercial uses shall
not be made available to the general public.
The Development Plan for the Property shall include the design of curb cuts, street striping and
signage necessary for a safe and convenient crosswalk on Harrison Street at a location in the
vicinity of the Property to be determined by the Town. The Applicant shall construct said
crosswalk at his own expense in conjunction with development of the Property and in accordance
with Town standards.
Prior to the issuance of temporary or final occupancy permits for development on the Property,
the Applicant or the Applicant's successors and assigns shall contribute to the Town the sum of
two hundred dollars ($200.00) per individual residential dwelling unit to be divided as follows:
one-half to fire/rescue services serving Leesburg and one-half to parks and recreation for the
Town of Leesburg. Said monetary contributions 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
(CPI) from the date of final rezoning approval.
SECTION II. The proposed elderly housing development shall be in general conformance with
the separately approved special exception application #SE-91-05. Final plans and construction drawings
associated with development of the site are subject to the terms and conditions of the applicable Zoning
Ordinance, Subdivision and Land Development Regulations, and Design and Construction Standards
Manual of the Town of Leesburg. Rezoning concept plan approval does not express or imply any waiver
or modification of regulatory standards except as specifically set forth in this ordinance and the ordinance
approving special exception application #SE-91-05.
DISCUSSION
Mr. Lovin stated that he appreciates the work that the applicant's attorney did regarding negotiating
proffer amendments, on the spot~ at last week's Planning and Zoning Committee meeting.
Mrs. Forester echoed Mr. Lovin's comments and thanked the applicant and staff for being able to work
so quickly to get the proffers ready for tonight's meeting.
VOTE
Minutes of March 24, 1992
Aye: Councilmembers Bange, Clem, Forester, Lovin and Webb
Nay: None
Absent: Mayor Sevila, Councilmember Kimball
ll.
MOTION
On motion of Mr. Webb, seconded by Mrs. Forester, the following ordinance was proposed and
unanimously adopted.
92-0-9 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-91-05 HARRISON
STREET ELDERLY HOUSING BY HARRISON II LIMITED PARTNERSHIP
WHEREAS, on January 14, 1992 the Town Council received and referred to the Planning
Commission an application for a special exception to allow development of 67 units of multi-family
housing for the elderly in the B-1 zoning district at 316 Harrison Street, S.E.; and
WHEREAS, the Council held a public hearing on February 25, 1992 to consider the special
exception request; and
WHEREAS, the Planning Commission on March 5, 1992 recommended conditional approval of
this application; and
WHEREAS, the applicant has shown that increased residential density above the maximum
allowed for multi-family development in the B-1 zoning district is justified by the smaller size and
occupancy characteristics of elderly housinE, and
WHEREAS, the applicant has shown that the recreation needs of the occupants of the proposed
elderly housing can be met with less designated recreation space than required generally for multi-family
housing in the B-1 zoning district; and
WHEREAS, this special exception use promotes Town Plan goals and objectives regarding land
use in the downtown area and provision of housing for the elderly; and
WHEREAS, this request is in the interest of public health, safety, convenience and welfare:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special Exception application #SE-91-05 Harrison Street Elderly Housing by
Harrison II Limited Partnership is hereby approved to allow a maximum of 67 multi-family residential
dwelling units for the elderly on approximately 1.33 acres of land at 316 Harrison Street. S.E., identified
as Tax Map 48A, Block 38, Parcels 2A, 3, 4 and 6 in the land records of Loudoun County, Virginia,
subject to the following conditions:
The Property will be developed and used only as a residential home for the elderly. Occupancy
and use of each of the proposed 67 residential dwelling units will be in accordance with and
subject to the provisions of Title 63.1, Chapter 9, of the 1950 Code of Virginia (as amended), and
with the Town of Leesburg Zoning Ordinance provisions regarding housing for the elderly. In
the event that more than one person occupies a unit, at least one of the occupants must qualify
to reside in housing for the elderly. No more than two units occupied by maintenance or security
personnel or staff in conjunction with the elderly housing shall be exempt from this requirement.
Office and commercial uses permitted by right in the B-1 zoning district shall be allowed on the
Property only to the extent reasonably necessary to provide the following services to the
occupants of the Property: visiting physician, personal care service, sale of sundries, and any
similar service the purpose of which is to serve the personal convenience of the occupants of the
Property. Said office and commercial uses shall not be made available to the general public.
SECTION H. The proposed elderly housing development shall be in general conformance with
the concept plan ("Preliminary Site Plan") prepared by Environmental Design Group and submitted to
the Town on December 20, 1991. Final plans and construction drawings associated with development
of the site are subject to the terms and conditions of the applicable Zoning Ordinance, Subdivision and
Land Development Regulations, and Design and Construction Standards Manual of the Town of
Minutes of March 24, 1992
Leesburg, except that the elderly housing development shall be exempt from the Zoning Ordinance
requirement to provide 250 square feet of active recreation facilities per dwelling unit. Concept plan
approval does not express or imply any waiver or modification of regulatory standards except as
specifically set forth in this ordinance and the ordinance approving Rezoning Application #ZM-133
Harrison Street Elderly Housing by the same applicant.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin and Webb
Nay: None
Absent: Mayor Sevila, Councilmember Kimball
11. (,:)
MOTION
On motion of Mr. Webb, seconded by Mrs. Forester, the following resolution was proposed and
unanimously adopted.
92-30 - RESOLUTION - AUTHORIZING APPLICATION TO LOUDOUN COUNTY FOR A
COMMISSION PERMIT AND SPECIAL EXCEPTION TO CONSTRUCT
THE POTOMAC RIVER WASTEWATER DISCHARGE
WHEREAS, the Town of Leesburg desires to construct a wastewater effluent forcemain from the
Water Pollution Control Facility, located off East Market Street. to the Potomac River; and
WHEREAS, a portion of the proposed effluent pipeline will be located outside of the existing
corporate limits of the Town of Leesbur~ and
WHEREAS, the Town of Leesburg is required to obtain a Commission Permit and Special
Exception approval under Sections 905 and 1211 of the Loudoun County Zoning Ordinance:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized and directed to prepare and submit to the Loudoun
County Zoning Administrator, an application for a Commission Permit and Special Exception for
construction of an effluent discharge pipeline from the town's Water Pollution Control Facility to the
proposed Potomac River discharge.
DISCUSSION
Mr. Webb asked if the town still needs permission from the State of Maryland. Mr. Brown stated yes.
The permitting process has not been completed and the town has not yet received the permit. The town
anticipates the permit to be forthcoming within the next 30 days.
Mr. Lovin stated that this is one of the first steps that the town must do in order to get some relief.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin and Webb
Nay: None
Absent: Mayor Sevila, Councilmember Kimball
11. (d), (e). (f). (g). (h). (i). (i). (k)
Mrs. Forester pointed out the times and days of the street closings as proposed in resolutions (d) and (e).
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent
items and unanimously adopted.
92-31 - RESOLUTION - AUTHORIZING THE CLOSING OF STREETS FOR THE LOUDOUN ABUSED
WOMEN'S SHELTER AND WOMEN'S RESOURCE CENTER "RUN 5K FOR
THE ROSES"
WHE~, the Loudoun Abused Women's Shelter has requested permission to use the sCreetz
of downtown Leesburg for a five kilometer run; and
Minutes of March 24, 1992
WHEREAS, this event has been planned for Saturday, April 25, 1992, to benefit the Loudoun
Abused Women's Shelter and the Women's Resource Center; and
WHEKEAS, this event will coincide with the Flower and Garden Festival; and
WHEREAS, special events are important to Leesburg's economic development efforts; and
WHEREAS, events of this nature require street closings to ensure the safety of the participants.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The streets, as outlined on the attached map, shall be closed from approximately 7:30
a.m., to 10:00 a.m., on April 25, 1992.
SECTION II. The Town Manager shall authorize the necessary personnel to assist with the
operation of this event.
92-32 - RESOLUTION - AUTHORIZING THE CLOSING OF STREETS FOR THE OLD TOWN
LEESBURG PLEASURE HORSE RIDE ON APRIL 4, 1992
WHEREAS, special events are important to Leesburg's economic development efforts; and
WHEREAS, an Old Town Leesburg Pleasure Horse Ride, parade and attractions, has been
planned for April 4, 1992 to benefit Every Citizen Has Opportunities (ECHO) and 4-H Therapeutic
Riding;, and
WHEREAS, the town wishes to extend its support for this local event:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. King Street from Ida Lee Park south to Royal Street is hereby authorized to be
closed from approximately 1:00 p.m. to 1:30 p.m. on April 4, 1992 for the purpose of the parade. Royal
Street from South King Street to Church Street. S.E.; and Church Street. S.E. from Loudoun Street. S.E.
to Royal Street. S.E. are hereby authorized to be closed from 11:00 a.m. to 4:00 p.m. on April 4, 1992 for
the purpose of safe pedestrian access to the planned indoor and outdoor activities near the corner of
Church and Royal Streets, S.E.
SECTION II. Appropriate town forces are authorized to assist with the operation of this event.
SECTION 1II. The sponsors of this event shall notify the affected property owners along Church
and Royal Streets, S.E. regarding the planned event and street closing. Furthermore, the sponsors of this
event shall provide to the town an appropriate certificate of insurance, and shall ensure that any vendors
obtain town permits as required.
92-33 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION FUNDING
FOR HIGHWAY PROJECTS WITHIN THE TOWN OF LEESBURG IN THE
VDOT SIX-YEAR IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1992-93
THROUGH 1997-98
WHEREAS, the Virginia Department of Transportation (VDOT hereinafter) is revising the Six-
Year Improvements Program for fiscal years 1992-93 through 1997-98; and
WHEREAS, VDOT will be conducting a pre-allocation hearing on April 1, 1992, in Fairfax City
to determine funding for urban system and primary system projects in the Northern Virginia
Construction District; and
WHEREAS, it is necessary that a request by Council resolution be made before VDOT allocates
funds in the Six-Year Improvements Program for urban system projects; and
WHEREAS, the Plaza Street Extension Project, and the widening of Catoctin Circle from South
King Street to King Street are already in the VDOT Six-Year Plan; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. VDOT is requested to establish the following projects as part of its Six-Year Plan:
Priori~
Project Description
Plaza Street Extension from East Market Street to Sycolin Road
Minutes of March 24, 1992
at Rockbridge Drive, a distance of approximately 2700 feet.
2
Widen Catoctin Circle from South Street west to South King
Street to accommodate four travel lanes and a turning lane for
a distance of approximately 3300 feet.
3
Catoctin Circle Extension from existing terminus north of East
Market Street to Edwards Ferry Road, a distance of approximately
550 feet.
SECTION H. The Town agrees to pay its share of the total costs for preliminary engineering,
right-of-way and construction of these projects in accordance with Section 33.1-44 of the Code of Virginia,
as amended and that, if the Council subsequently elects to stop or cancel any of the projects, the town
hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date
VDOT is notified of such suspension or cancellation.
SECTION III. VDOT is requested to establish as a primary system project for acquisition of
right-of-way for the completion of the grade separated interchange at the Route 7/Route 15 intersection
on the east end of town for the following reasons:
1. Development within the required right-of-way is eminent.
The current interchange is beyond capacity at peak hours and future
traffic from local and regional growth continues to escalate traffic
problems at this intersection.
This project is included in the corridor study submitted by VDOT to the
Town of Leesburg and approved by the Leesburg Town Council.
Acquisition of this right-of-way prior to development of the property will
save an estimated $8 million in tax payers' money.
92-34 - RESOLUTION - AUTHORIZING AN AUDITING SERVICES CONTRACT WITH YOUNT, HYDE
& BARBOUR~ P.C.
WHEREAS, proposals were solicited from certified public accounting firms to provide the town
with auditing services for the fiscal year ending June 30, 1992, with the option to renew for the
subsequent two years; and
WHEREAS, of the proposal received from Yount, Hyde & Barbour, P.C., it was determined to
be the firm best qualified to provide the town with these services for the term indicated.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is authorized to execute a contract with Yount, Hyde & Barbour, P.C. for the
purpose of providing the town with auditing services for the fiscal year ending June 30, 1992, with the
option to renew for the subsequent two years. The scope of their services will be those contained in their
March 6, 1992, proposal with not to exceed fees of $21,000 for 1992 and the two option years will be
renegotiated at the time of renewal.
92-35 - RESOLUTION - AUTHORIZING THE DESIGNATION OF 1DA LEE PARK AS A PUBLIC
RECREATION AREA AND FOR ACCESS FUNDS TO BE ALLOCATED FOR AN
ADDITIONAL ACCESS ROAD TO SERVE THE PARK
WHEREAS, Ida Lee Park is owned and is to be developed by the Town of Leesburg as a
recreational facility serving the residents of Leesburg and Loudoun County; and
WHEREAS, the facility is in need of an additional access road to the recreation field area; and
WHEREAS, the right-of-way of the proposed access is owned by the Town of Leesburg and is
made available at no cost to the State; and
WHEREAS, the procedure governing the allocation of recreational access funds as set forth in
Section 33.1-223, Code of Virginia 1950, as amended, requires joint action by the Director of Conservation
and Historic Resources and the Virginia Highway and Transportation Board; and
WHEREAS, a statement of policy agreed upon between the said Director and Board approves the
use of such funds for the construction of access roads to publicly-owned recreational areas or historical
Minutes of March 24, 1992
sites; and
WHEREAS, it appears to the Town Council that all requirements of the law have been met to
permit the Director of Conservation and Historic Resources to designate Ida Lee Park as a recreational
facility and further permit the Virginia Highway and Transportation Board to provide funds for access
to this public recreation area in accordance with Section 33.1-233, Code of Virginia 1950, as amended;
and
WHEREAS, the Town Council acknowledges that pursuant to the provisions of Section 33.1-223,
Code of Virginia 1950, as amended, this road shall be designated a "Virginia Byway" and recommends the
Virginia Highway and Transportation Board in cooperation with the Director of Conservation and
Historic Resources, take the appropriate action to implement this designation:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Director of Conservation and Historic Resources is requested to designate Ida
Lee Park as a public recreation area; and to recommend to the Virginia Highway and Transportation
Board that recreational access funds be allocated for an access road to serve said park.
SECTION H. The Virginia Highway and Transportation Board is hereby requested to allocate
the necessary recreational access funds to provide a suitable access road as hereinbefore described.
SECTION III. Scenic Byway designation for the access road is supported pursuant to Section
33.1-62 et sec~ Code of Virginia, i950, as amended, and will be protected by the town.
92-36 - RESOLUTION - REQUESTING GRANT FUNDING FROM THE VIRGINIA OUTDOORS FUND
FOR IDA LEE PARK PHASE II
WHEREAS, the Virginia Division of Planning and Recreation Resources provides funds to assist
political subdivisions of the Commonwealth of Virginia in acquiring and developing openspace and park
lands; and
WHEREAS, there are urgent needs within the Town of Leesburg to develop park land; and
WHEREAS, this area is deemed of high development priority by the Town of Leesburg and shall
be referred to as Ida Lee Park Phase II; and
WHEREAS, in order to attain funding assistance from the Virginia division of Planning and
Recreation Resources, it is necessary that the Town of Leesburg guarantee a proportionate share of the
cost thereof; and
WHEREAS, the proportionate project share is funded fifty percent (50%) by the Town of
Leesbur~
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town of Leesburg gives its assurance that the funds needed as the
proportionate share of the cost of the approved program will be provided, up to $170,000.00.
SECTION H. The Town of Leesburg gives its assurance that the General Provisions of the Land
Water Conservation Fund and the Virginia Outdoor Fund Fiscal Procedures will be complied with in the
administration of this project.
SECTION III. The Town of Leesburg gives its assurance that all other applicable State and
Federal regulations governing such expenditure of funds provided by the Virginia Division of Planning
and Recreation Resources will be complied with in the administration of this project.
SECTION IV. The National Park Service, U.S. Department of Interior, and the Virginia Division
of Planning and Recreation Resources are respectfully requested to assist in the prompt approval and
funding of the Ida Lee Park Phase II project in order to enhance the standard of recreational enjoyment
for all our citizens.
SECTION V. The town manager is authorized to submit a formal application for funding to the
Virginia Division of Planning and Recreation Resources.
92-37 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION FOR EXETER SECTION 5
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
Minutes of March 24, 1992
improvements installed to date in Exeter Section 5 and confirmed that the value of work performed
exceeds $922,663.00; and
WHEREAS, a letter of credit from First American Bank in the amount of $1,715,436.00 was
provided by the developer and approved by Council to guarantee installation of public improvements for
Exeter Section 5, and this letter of credit was reduced to $1,001,295.00 by Resolution 91-196 adopted on
September 10, 1991.
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 current amount of
$1,001,295.00 is reduced to $792,773.00.
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 Exeter Section 5.
92-38 RESOLUTION AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION
APPLICATION #SE-92-01 LOUDOUN INDOOR TENNIS CLUB
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider special exception application #SE-92-01 for the Loudoun
Indoor Tennis Club to allow four outdoor tennis courts to be constructed on the northern portion of the
tennis club property. Notice shall be published in the Loudoun Times Mirror on April 8, 1992 and April
15, 1992 for public hearing on April 28, 1992 at 7:30 p.m. in the Council Chambers, 25 West Market
Street, Leesburg, Virginia.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin and Webb
Nay: None
Absent: Mayor Sevila, Councilmember Kimball
11.
Mr. Brown summarized the proposed resolution.
MOTION
On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and
unanimously adopted.
92-39 - RESOLUTION - AMENDING RESOLUTION NO. 92-27, AUTHORIZING THE SALE OF
SURPLUS PROPERTY
WHEREAS, several items of surplus property have outlived their usefulness to the town; and
WHEREAS, the property must be disposed of at an advertised public auction; and
WHEREAS, an auction has been set for noon on Wednesday, April 15, 1992, at the Public Works
Warehouse; and
WHEREAS, the Public Works Department has recommended a change in the list of vehicles to
be auctioned to include a 1980 Ford Fairmont rather than the 1984 Chevrolet.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized and directed to sell at public auction on April 15, 1992,
the following surplus property:
2 1984 Fords
i 1980 Ford Fairmont
1 1987 Ford
2 IBM Quietwriter Printers
Miscellaneous bicycles
l~nutes of March 24, 1992
SECTION II. The manager shall publish appropriate notices of the items available in the April
1 and April 8 issues of the Loudoun Times-Mirror.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Lovin and Webb
Nay: None
Absent: Mayor Sevila, Councilmember Kimball
MOTION
On motion of Ms. Bange, seconded by Mr. Lovin, the meeting was adjourned at 9:00 p.m.
Clerk of Council
Robert E. Sevila?Mayor