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HomeMy Public PortalAbout1992_04_2867 TOWN COUNCIL MEETING MINUTES OF APRIL 28, 1992 A regular meeting of the Leesburg Town Council was held on April 28, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Georgia W. Bange. SALUTE TO THE FLAG was led by Clerk of Council Barbara Markland. ROLL CALL Councilmembers present Georgia W. Bange James E. Clem Claxton E. Lovin Mayor Robert E. Sevila Councilmembers absent Christine M. Forester Donald A. Kimball William F. Webb 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 Engineering and Public Works Thomas A. Mason Planner Sally Vecchio Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland APPROVAL OFMINUTES MOTION On motion of Mr. Clem, seconded by Mr. Lovin, the regular meeting minutes of March 26, 1991, were approved as corrected by Mayor Sevila and the regular meeting minutes of April 14, 1992, were approved as submitted. VOTE Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevila Nay: None Absent: Forester, Kimball and Webb CERTIFICATE OF APPRECIATION/PROCLAMATION MOTION On motion of Mr. Clem, seconded by Ms. Bange, the following proclamation was proposed and unanimously adopted. PROCLAMATION EMPLOYEE HEALTH AND FITNESS DAY - MAY 13, 1992 WHEREAS, employee fitness programs can reduce absenteeism and turnover, while increasing productivity in the workplace; and 68 Minutes of April 28, 1992 WHEREAS, the month of May is National Physical Fitness and Sports Month; and WHEREAS, the National Association of Governors' Councils on Physical Fitness and Sports, and the Association for Fitness in Business are sponsoring the fourth annual National Employee Health and Fitness Day on Wednesday, May 13, 1992; and WHEREAS, National Employee Health and Fitness Day provides the opportunity for employers to introduce a fitness program to their employees; and WHEREAS, more than 3,000 employers participated in last year's Employee Health and Fitness Day across the United States; and WHEREAS, more than one-half million employees are expected to participate in non-competitive physical fitness activities this year: THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg in Virginia hereby declares May 13, 1992, as Employee Health and Fitness Day in the Town of Leesburg and encourages all persons to take advantage of free admission and activities at Ida Lee Recreation Center. VOTE Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevila Nay: None Absent: Forester, Kimball and Webb PETITIONERS ~'~ ;ames Carr, President, Loudoun County Public Library Foundation, addressed the Council. He st~ud that the Loudoun County Public Library Foundation is about to embark on a m~jor fund raising campaign in connection with the renovation of the Thomas Balch Library. A week-long series of events will take place during May 9 through May 13. Mr. Carr presented a film on the Thomas Balch Library and encouraged the Council's continued support. Ms. Patti Snodgrass, Executive Director of Leesburg Renaissance, addressed the Council reporting on the recently held Flower and Garden Show. She stated that it was a great success. She thanked the Council for its continued support. She also thanked the town's public works department who put forth a tremendous effort during the entire event. Mr. Jim Haynes, with Janelle Aviation, addressed the Council reading the following letter: The letter is addressed to Mayor Sevila. Dear Bob: I am sorry that I will be out of town on the 15th of May and will be unable to attend a dinner in your honor. Your help, support and friendship over the years have been invaluable to me and has made it possible for me to develop the Leesburg Airport into that "cornerstone" of economic development that you have so often spoken about. As I write this letter, there are five jets owned by AT&T and two jets owned by NCR. Last week, Xerox was here with their board chairman. Each of these aircraft carry 8 to 12 people including crews. They all required hotel rooms, rental cars, catering, etc. None of these companies would be coming to Leesburg if we had not developed the fine facility of which you were such an important part. Not only the airport but the entire Town of Leesburg is a better place to work and live because of your leadership. Every citizen and business person owes you a strong vote of thanks. Thank you Bob. Mrs. Patty. Muir, a resident of Bradfield Drive, addressed the Council and the public to extend an invitation to the public to come meet the new Council/Mayor candidates. She stated that a group of concerned and active citizens have put together a forum where the current candidates can casually meet with ail the residents of the town. This forum will be held on Sunday, May 3, from 1:00 p.m. to 3:00 p.m. in the government center reception area. All of the candidates have agreed to be present. PUBLIC HEARING: 69 Minutes of April 28, 1992 7.a. To consider an amendment to the Leesbur~ Zoning Ordinance Article 18 Definition of a Bed and Breakfast Inn and Article 1 lA-7, Section (6) Special Exception standards for Bed and Breakfast Inn Ms. Sally Vecchio, Chief of Comprehensive Planning addressed the Council summarizing the staff report included in the Council packet Mayor Sevila stated that in one of Ms. Vecchio's ~aff reports to the Planing Commission there is a reference to inquiries of Williamsburg and Fredricksburg concerning special events at bed and breakfast inns. He asked what the result of those inquiries was. Ms. Vecchio stated that the conclusion from ail jurisdictions is that they do not generally permit other uses at bed and breakfasts outside of providing accommodations for travelers and meals for their guests. Ms. Joan Banzhaf, a resident of 102 Morven Park Road, addressed the Council on behaif of Mrs. Ann Chopivsky. She read the following letter written by Mrs. Chopivsky: "This is not a new thought but one that should be reiterated. There are a great number of existing places in which conferences and special events can be held. There are four bed and breakfast inns in Leesburg ail of which are available for many upcoming popular weekends. There are two hotels aiso with many open dates. If you expand the area a bit there are fourteen other bed and breakfast inns or restaurants as well as Landsdowne in which a speciai event can be held. On a percentage basis, I don't have exact figures on their occupancy rate, but in a rather random poll those were available for most any date I requested. Also, in a note from Karen Jewell dated July 12, 1991, to the town staff a point was made that Loudoun County ailows accessory commerciai uses, weddings, parties, etc., for country inns by speciai exception approvai. This increases the availability of places for special events even beyond the numbers that I have mentioned. If as stated the purpose of the Hillcrest Joint Ventures is to make Hillcrest serve as an asset to the Town of Leesburg, is it truly an asset to make available one more site for conferences and speciai events if it is under utilized. I don't think so. Thank you." Col. Michael Granata, a resident of 201 Cornwall Street, addressed the Council. He asked that the residentiai and historic districts of Leesburg be preserved. He recommended disapprovai of the proposed request. Mr. Fred Williams, a resident of 21 Wirt Street, addressed the Council. He stated that he is the Vice- Chairman of the Leesburg Planning Commission. He stated that he was not speaking on behalf of the Planning Commission but wanted to reiterate the action taken by the Planning Commission. He stated that the proposal being presented tonight is identical to the one discussed, debated on and held a public hearing on. During the public hearing there was not one person who spoke in support of the proposal. There was no support on the Planning Commission for this proposal. He asked that the Council carefully consider the Planning Commission's recommendations. He also spoke as a resident and stated that he lives in one of the several zoning districts that would be affected by this change. He asked that the Council act carefully as they do things that may affect that community. He also asked that the Council not dissipate economic development away from the downtown business area - don't dribble commercialization throughout the residentiai sectors. He asked that the Council not approve the request. Mr. Michael Banzhaf, a resident of 102 Morven Park Road, addressed the Council. Mr. Banzhaf submitted a letter and petition. Mr. Banzhaf's letter and the petition are attached and made a part of the official record. He asked that the Council be consistent with the Town Plan, support the revitalization of the downtown and not dissipate the efforts by approving this amendment. Mr. Peter Chopivsky, a resident of 306 West Market Street, addressed the Council. He stated that he is speaking against the proposed amendment to the definition of the bed and breakfast. He stated that neither the town nor the residents benefit by the location of meeting and sociai events in residentiai neighborhoods. He addressed the concern of traffic if this amendment is approved. Specifically traffic chaos in the West Market neighborhood. With regard to parking, if the amendment and special exception is granted traffic patterns will be sorely affected. As drafted, the amendment would allow three properties to be used in commercial ways under the proposed amendment. When we consider this issue we have to consider the most use intensive scenario that this amendment would allow and that most use intensive scenario would be where potentially all three properties might on the same day be allowed to schedule and sponsor commercial use. All three of those properties being on top of each other in the same general residentiai district. 7O Minutes of April 28, 1992 There is no public need for this proposed amendment. The amendment would have a severe negative impact on the neighborhood. Mr. Chopivsky urged the Council to follow the recommendations of the Planning Commission and the Council's own vote of last year by rejecting this proposed amendment and preserve the current definition of a bed and breakfast inn. Mayor Sevila noted a letter from the "Friends of West Market StreetH. This letter is attached and made a part of the official record. Ms. Sue Webb, past president of the Leesburg Business Association, a member of the Leesburg Renaissance and actively involved in a business in downtown Leesburg, addressed the Council. She stated that she wished to address the issue representing herself as a concerned business owner. The proposed amendment that gives the Council the option to extend certain uses to larger homes should be taken into consideration. The GlenSddich House is a perfect example of something that has peacefully coexisted in the town for over ten years and has never created any problems in a residential community. The Glenfiddich House brings to Leesburg people who shop, eat in our restaurants, and spend money. We need to have these kinds of facilities that feed into the downtown. There can be peaceful coexistence between residential uses and the downtown. Mrs. Karen Jewell, representing the applicant, addressed the Council. She stated that this amendment came from the Council's vote with respect to a zoning amendment a year ago. The concept of a bed and breakfast was acceptable. The concept of business meetings/seminars was acceptable. The only problem was with respect to social events. There was indication that perhaps somebody should work on some alternatives that might address the concerns ofthe Council, staff, neighbors and also the applicants. That was how the amendment came to be. The applicants for Hillcrest are committed to the idea of historic preservation and adaptive reuses. They have been working on this project for over five years. They have been working with the Council, Planning Commission, staff and neighbors in an attempt to achieve a balance that will preserve an old home, make it available for the town and add to the ambiance of Leesburg. The applicants are the ones who made sure Hillcrest was placed on the National Register so that the home could not be destroyed. The applicants asked that Hillcrest be placed into the H-1 Historic Overlay District. During discussions with Mr. Banzhaf and staff members, months ago, we talked about ways and ideas that would be palatable to everyone. One of the things that came from that discussion was the restriction of the special exception use to the historic streets of Loudoun, Market and King and to restrict them to the larger lots so that the amount of land involved would serve as a natural buffer for any increase in intensity of use that a bed and breakfast or meeting facility might provide. The Council should keep in mind that bed and breakfast inns are already allowed under the town ordinance as special exception uses in R-I, R-2 and RHD districts. When the zoning ordinance was omended in 1990 it was contemplated that some sort of use for a bed and breakfast would occur in residential zone. The Council should also keep in mind that activities such as meetings and social events are not foreign to residential areas of the town. What this ordinance amendment envisions is nothing more then what you would find in a residential area perhaps on a slightly larger scale but in proportion to the size of the property involved and with conditions that enable the town to regulate them. The proposed amendment is drafted broadly because it is not meant to benefit just the Hillcrest application. It is drafted broadly to provide flexibility to the Council so that it could look at other applications in the future and fashion a use that will not harm the community but will also benefit the town. Ms. Mary Rosenbur~. representing the Leesburg Business Association, addressed the Council stating that the LBA is in support of the proposed amendment. Mr. Georlge Poehlman, a resident of 18 Morven Park Road, addressed the Council stating that two issues are being discussed. Commercialization and residential neighborhoods. We are not talking about the Poehlmans, the Jewells or Hillcrest. We are talking about moving commercial businesses in our residential neighborhoods. We have a downtown commercial district that is struggling to survive. We have the Colonial Inn, the Norris House and the Laurel Brigade that are struggling to stay busy. We have a unique residential neighborhood that has a unique flavor and character to it of Leesburg. Mr. 71 0 7 Minutes of April 28, 1992 Poehlman stated that he appreciates the Council's willingness to be fair and attempt to placate the desires of some certain members of this community but in their fairness we are going to see a compromise in which we have no winners and only losers. We will lose the viability of our downtown and we will also lose the uniqueness and character of our residential neighborhood. He asked that the amendment be opposed. Mr. Tom Jewell, one of the owners of HRlcrest addressed the Council. He stated that a couple of months ago the applicants passed their fifth anniversary of the first meeting with the town on this project. Contrary to what has been said tonight there is very little in the way of traffic studies or any other kind of studies that haven't been performed. He stated "that whatever the Council's decision is, the fact that Mr. Goehler and himself have come down on this project to be included as one of three properties says a lot because if the worst thing that is facing the town these days is an issue which comes down to the fact of dealing with three owners who are Kevin Goehler, myself, Jack and Dia Cook and the Garretts, I am not at all sorry to be in that kind of company." Mrs. Elizabeth Granata, a resident of 201 Cornwall Street. addressed the Council endorsing the statement made by Dr. Poehlman. She stated that she disagrees with the people who have spoken in support of the proposed request. Her community would like for the Council to vote no. Mayor Sevila declared the public hearing closed stating that the public record would be kept open until the night that the Council takes action. MOTION On motion of Ms. Bange, seconded by Mr. Clem, this matter was referred to the May 6, 1992, Planning and Zoning Committee meeting. VOTE Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevila Nay: None Absent: Forester, Kimball and Webb 7. b. To consider Special Exception Application #SE-92-01 Loudoun Indoor Tennis Club Ms. Vecchio, Chief of Comprehensive Planning addressed the Council summarizing the staff report included in the Council packet. She stated that the applicant is in agreement with the conditions as outlined by the Planning Commission and endorsed by the staff. Mr. Joseph Kelly, a resident of 212 North Street and one of the owners of the tennis club, addressed the Council. He stated that the applicants are in full agreement with the conditions set forth by the Planning Commission and staff. He requested immediate consideration by the Council in order to begin construction to obtain completion of the courts by July 4, 1992. He expressed appreciation for moving this application along in such a timely manner. Mr. Don Matmueller, a resident of Potomac Crossing, addressed the Council expressing his support of the proposed application. Mayor Sevila closed the public hearing. MOTION On motion of Mr. Lovin, seconded by Ms. Bange, this matter was considered out of order. VOTE Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevila Nay: None Absent: Forester, Kimball and Webb MOTION On motion of Ms. Bange, seconded by Mr. Lovin, the following ordinance was proposed and unanimously adopted. 72 Minutes of April 28, 1992 92-0-10 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-92-01 FOR THE LOUDOUN INDOOR TENNIS CLUB WHEREAS, the Loudoun Indoor Tennis Club Partnership has applied for approval of a special exception to construct four outdoor tennis courts on the parcel adjacent to the Loudoun Indoor Tennis Club located at 131 Fort Evans Road N.E.; and WI-~REAS, a special exception is required to allow expansion or enlargement of commercial recreation facility in the R-6 zoning district in accordance with Article 11 of the Leesburg Zoning Ordinance; and WHE~, on April 24, 1992, the Leesburg Planning Commission recommended conditional approval of Special Exception Application #SE-92-01; and WHEREAS, on April 28, 1992, the Leesburg Town Council held a public hearing on this application; and WHEREAS, the proposed use meets the general review criteria set forth in the zoning ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Special Exception application #SE-92-01 is hereby approved with the following conditions: The residential structure, located at 133 Fort Evans Road, must be connected to public water and sewer service prior to grading operations of the tennis courts. A grading plan, prepared by a licensed engineer or surveyor, which demonstrates adequate site drainage with no adverse impacts upon adjacent properties must be submitted to the town by the applicant. The grading plan shall be subject to review and approval by the Director of Engineering and Public Works prior to issuance of a zoning permit. 3. The driveway from Fort Evans Road to the parking lot of the tennis club must be paved. The development of the property shall be in substantial conformity with the approved special exception plan dated April 7, 1992, with reasonable allowance to be for engineering and design alterations to meet town zoning and subdivision and land development regulations. Notwithstanding the forgoing, the layout and configuration of the tennis courts must be located within the designated building envelope of the approved special exception plan dated April 7, 1992, in order to be deemed in conformity with the conditions of this special exception. No outdoor lighting of the tennis courts shall be permitted unless a lighting plan is submitted to and approved by the Planning Commission. DISCUSSION Mr. Lovin expressed his support of the application. Mayor Sevila expressed his appreciation of Mr. Kelly's comment regarding the expeditious handling of the application. He will support the application. VOTE Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevfla Nay: None Absent: Forester, Kimball and Webb COUNCILMEMBER COMMENTS Mr. Lovin commended the Leesburg Renaissance for the successful Flower and Garden Festival and thanked the Parks and Recreation Commission for their Annual Report dedicated to Mr. Rust and the late Susan Swezey. 73 Minutes of April 28, 1992 He wished to encourage all citizens in the Town of Leesburg to vote on May 5, 1992. Mr. Clem thanked the public for being so kind to all the candidates running for office as they came through the Leesburg neighborhoods during this campaign. He also encourages everyone to vote on May 5. Mayor Sevila read the following letter addressed to the Mayor written by Councilmember Forester: "Dear Bob: I am sorry that I will not be able to attend tonight's meeting. Unfortunately I have a mandatory business trip in Richmond that requires me to be there on Tuesday and Wednesday. I had hoped for this one last opportunity to address the citizens of Leesburg before election day. Please read this letter on the record for me as part of Councilmember comments. During the last two months I have made a diligent effort to visit as many registered voters in the town as possible. It is obvious that I will not be able to meet and visit with all of them during the remaining week before elections. I do intend to see as many of them as possible. For those of you I don't get a chance to meet if you have any questions about my position on any issue or if you would like to discuss town government with me please call me. My number is 777-9124. I had hoped that there would be an opportunity for public debate between me and Mr. Clem at which the moderators or candidates would be able to ask each other follow-up questions and the candidates would be able to discuss their position on various issues facing the town. Mr. Clem is either unable to or unwilling to do this. I hope that on election day the citizens will examine my record for the past four years. I have worked very hard to make town government accessible to all citizens. We have instituted weekly listening sessions and a petitioners agenda at all Planning Commission meetings. In addition, I have made myself available when needed to address concerned citizens or citizen groups on numerous issues facing the town council. I have worked to improve the Zoning Ordinance, the Comprehensive Plan and the subdivision regulations to make this town better prepared to face it's future. I study every issue very carefully and make a decision based upon the facts. My decision is always grounded upon what I believe is best for the Town of Leesburg. I have remained independent of political party affiliation and special interest groups. I believe this puts me in a better position to represent all of the citizens of the Town of Leesburg. There are a lot of important challenges and issues facing the Town of Leesburg. I pledge to work very hard for you to face these challenges and solve these problems. Even now while I am in Richmond on business relating to my profession I am working on important town issues. I have scheduled several meetings with state officials to explore ways of addressing immediate problems that the town faces as a result of current economic conditions. I am meeting today with Paul Grasowitz in the Department of Housing and Community Development. In addition, I hope to discuss long and short term comprehensive planning issues at the Commission on Population Growth and Development at a meeting which I have scheduled for later today. Finally, I sm trying to arrange a meeting at the Attorney General's office to discuss the possibility of a state statute that would permit the Town of Leesburg to create special real estate tax incentives and inducements for its downtown historic properties. I hope you will give me the opportunity to represent you as Mayor. I will work very hard for you. Your faith and trust in me will not be disappointed. Sincerely, Christine Forester~ Ms. Bange stated that she attended a thank you luncheon yesterday at the Friendship House which is a mental health stay treatment center near the airport. She encouraged everyone to visit this facility. She attended, today, a reception at the Northern Virginia Family Services Center on Lawson Road. On Sunday, at 1:00 p.m., at the Balls Bluff Cemetery, the Loudoun Rebecca Lodge and Odd Fellows will hold a memorial service. Mr. Don Devine will be guest speaker. This event is open to the public and is an annual event. 74 Minutes of April 28, 1992 MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written Activity Report on Monday. He wished to th~nk Peter Stephenson and Susan Farmer for distributing amongst the businesses two brochures. The Historic District Downtown Leesburg Retail Shopping Guide and the Park and Shop Brochure. He stated that this is National Volunteer Week and recognized the fact that our local government as well as our community is substantially supplemented by the significant efforts of volunteers. He reported that the town's surplus property auction collected $5,200.00 for the town. He reminded everyone that the EDAC seminars begin this week in conjunction with Shenandoah University. MAYOR'S REPORT Mayor Sevila stated that the Council, by vote last night at the budget workshop, indicated its willingness to rescind downtown parking fees. He reported on the Little League Opening Day ceremonies. This year there are over 32 teams - over 400 children, boys and girls, participating. The application fee charged to the participating children, pays less then 40 percent of the actual cost to the volunteers to put on these baseball programs in our community during the playing season. This means that 60 percent of the budget has to be made up by fund raising efforts. This year they are selling raffle tickets that cost $15.00 each. For this you will receive, in a sealed envelope, a 3 digit number and every Wednesday night the Virginia Lottery will select a 3 digit number. If your number matches the number that you get in the envelope you win $100.00. This begins next Wednesday and continues through the end of the year for 32 weeks. This is a tax deductible contribution to a very worthwhile cause. At the budget workshop, the Council discussed restoring funding to the CAVB. Councilmembers and candidates and others have said that perhaps the town should have some say on the board of directors of the CAVB. It may be appropriate to make a request to them to include an elected member of this Town Council on their board so that Council does have direct say in their spending. On the agenda tonight under 12.(g) there is a recommendation for the creation of an ad hoc committee. The Mayor has attended two of the three meetings being conducted by downtown business people for the purpose of banding together to find aggressive ways to encourage business in the downtown. Mr. Stephenson reported that the Council Chambers was filled with interested individuals, property owners, merchants and professionals of downtown Leesburg. About 30 very detailed and positive ideas were received for the future of downtown Leesburg. It was the recommendation of this committee that an ad hoc committee be formed and within a short period come up with some very specific, immediate short term and long term actions for downtown Leesburg. Mayor Sevila stated that a concern raised by the group was the level of commitment of the Town Council. An issue was raised last week on the dedication of commitment from this town to this whole enterprise. How hard are we going to work with the business people to get something done - the fact that our councilmember is a board member on Leesburg Renaissance which is Mr. Clem. Someone suggested that Mr. Clem has attended maybe three meetings since the organization's creation and maybe it is because it is inconvenient because Mr. Clem is commuting in the morning. Mr. Clem stated that he has a close working relationship with a representative and he was never out of touch with anything. Mayor Sevila suggested making an appointment of a Councilmember alternate to represent the Council should Mr. Clem not be able to attend. Mr. Clem agreed. Mr. Lovin agreed to attend the meetings for the remainder of his council appointment. MOTION On motion of Mr. Lovin, seconded by Ms. Bange, Mr. Lovin is appointed the council alternate to attend the LRA board meetings when Mr. Clem is unable to attend. VOTE 75 Minutes of April 28, 1992 Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevila Nay: None Absent: Forester, Kimball and Webb Mayor Sevila reminded everyone that Election Day is May 5. He encouraged everyone to vote, stating "that we have a broad selection offering many choices for council and a choice for mayor. There are eight council candidates for three seats. Some important decisions coming up in the town elections include the selection of a mayor. We have a unique opportunity, this time, to select from two people that we have had an opportunity to observe for a period of four years together on the Town Council. The Mayor of the town serves as the legislative, symbolic and ceremonial leader of the community. It is very important that people take some part in helping to make that selection because whoever is elected that person will be your leader and if you didn't vote you have no complaint. I don't know exa~ leader or leadership is. I understand that we have a leadership in Loudoun right now that ~-'-helping to define it and helping to shape potential leaders for roles in our community. I know that leadership involves a lot more then simply sampling other opinions and then coming in here and voting public opinion. It involves more then holding your finger in the air and finding which way the political winds are blowing or the political crowds are screaming and then jumping out in front and calling yourself a leader. It involves using your talent~ your skills, your intellect and ability. Your ability to think clearly and speak plainly to help shape and mold public opinion. I think we have an opportunity this time to make a choice and I hope that the citizens of this town will exercise that right. It is an important one and you have a chance to do it next Tuesday. I hope that you will be there at the polls voting so that we can all brag about the turnout in our elections in the community as opposed to be embarrassed or ashamed of. The unique thing about electing from two candidates running for the office of mayor is that you have their records to look to. I would look more to their records and performance on the Town Council then I would to things that are said during an election campaign. The record is the proof of what you are going to get and the best indicatorf LEGISLATION 11. (b), (c). (d). (e), (D MOTION On motion of Mr. Clem, seconded by Ms. Bange, the following resolutions were proposed as consent items and unanimously adopted. 92-52 - RESOLUTION - ENDORSING THE LOUDOUN COUNTY AND TOWN OF LEESBURG LOCAL EMERGENCY PLANNING COMMITTEES CHEMICAL EMERGENCY RESPONSE PLAN WHE~, the Loudoun County and Town of Leesburg Local Emergency Planning Committee (LEPC) was established in 1988 to comply with federal and state Superfund Amendments and Reauthorization Act (SAP~) Title III regulations; and WHEREAS, LEPC is charged with the responsibility to provide the community with information regarding chemical usage in the area and to improve public safety through increasing chemical hazard awareness and the development of a Chemical Emergency Response Plan (CERP); and WHEREAS, Steve Cawthron, Chairman of LEPC, and Dale McGuire, CERP Subcommittee Chairman, presented the CERP at the town's Administration and Public Works Committee meeting on April 21, 1992; and WHEREAS, the committee reviewed the many features of the plan including coordinating activities of local public safety organizations in the event of a chemical hazard emergency, efforts to increase public awareness and level of preparedness and the town's role in providing staff support from the public information officer; and WHEREAS, the plan has also been reviewed to ensure compliance with all requirements of the Virginia Emergency Response Council, the state organization responsible for the Virginia SARA Title III Program; and WHEREAS, the Town Council and the Loudoun County Board of Supervisors endorsement of the LEPC is being requested prior to its publication and distribution. 76 Minutes of April 28, 1992 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Chemical Emergency Response Plan prepared by the Loudoun County and Town of Leesburg Local Emergency Planning Committee is hereby endorsed and the volunteer efforts of the committee members are hereby commended. 92-53 - RESOLUTION - AUTHORIZING AN ADDITIONAL TIME EXTENSION FOR EXECUTION OF AN AGREEMENT AND PROVIDING A PERFORMANCE GUA1LANTEE FOR THE PUBLIC IMPROVEMENTS IN THE STAR PONTIAC VEHICLE STORAGE FACILITY WHEREAS, a gravel vehicle storage facility was created over three years ago without benefit to an approved development plan as required by the town's Subdivision and Land Development Regulations and Zoning Ordinance; and WHEREAS, subsequently a development plan was submitted and approved by the Planning Commission; and WHEREAS, the Council by Resolution No. 89-231 authorized an agreement and performance guarantee in the amount of $80,250.00 for public improvements associated with the development plan; and WHEREAS, a phasing plan was approved which limits the area for vehicle storage, provides the installation of substantial landscaping to screen the lot from adjacent residential property and creates a swale to improve drainage in the area; and WHEREAS, the Council by Resolution No. 90-192 approved the phasing plan and a performance guarantee in the amount of $21,000.00 to guarantee the installation of the landscaping and swale; and WHEREAS, the owner provided a letter of credit from Farmers and Merchants National Bank in the amount of $21,000.00 for Phase I to guarantee the installation of Phase I improvements; and WHEREAS, the installation of the landscaping, fence and swale have been completed and approved; and WHEREAS, pursuant to Council Resolution No. 90-193 adopted July 25, 1990 the owner is required to enter into an agreement to complete all public improvements and provide the $80,250.00 performance guarantee approved by Resolution No. 89-231 on or before January 25, 1991, or remove all vehicles from the gravel vehicle storage facility; and WHEREAS, because of economic conditions, the Town Council on February 12, 1991, adopted Resolution No. 91-38 authorizing a one year time extension to the January 25, 1991 deadline set by Resolution No. 90-193; and WHEREAS, the owner has requested an additional one year time extension because of poor economic conditions. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A one year time extension for execution of the contract for installation of public improvement (PC-2) and providing the performance guarantee is hereby approved with the condition described in Section II. Therefore, on or before January 25, 1993, the owner shall be required to enter into the agreement and provide the performance guarantee as authorized pursuant to Resolution No. 89- 231 or remove all vehicles from the gravel vehicle storage area. SECTION II. Additional landscaping consisting of approximately one (1) sycamore tree and four (4) Austrian pipe trees, in accordance with the approved landscaping plan, shall be installed adjacent to the Lininger property prior to July 1, 1992. 92-54 RESOLUTION AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING THE PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 1E WHEREAS, Richmond American, the developer of Potomac Crossing Section 1E, has not completed all the required public improvements in accordance with the approved construction drawings 77 Minutes of April 28, 1992 and town standards within the two year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year ~ime extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $91,600.00 from First American Bank was provided by the developer to guarantee the installation of public improvements in Potomac Crossing Section 1E. This letter of credit is currently in effect until March 27, 1993; and WHEREAS, the letter of credit from First American Bank has been confirmed by a letter of credit from the Federal Home Loan Bank of Atlanta, an agency of the U.S. Government. WHEREAS, the Director of Engineering has approved the amount of $91,600.00 as sufficient to complete the public improvements in Potomac Crossing Section 1E; and WHEREAS, the completion of the public improvements is a high priority of the town and the developer should proceed with completion of the work as soon as possible. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from First American Bank confirmed by the Federal Home Loan Bank of Atlanta in the amount of $91,600.00 is approved to guarantee the installation of public improvements in Potomac Crossing Section 1E. SECTION II. A time extension to March 21, 1993 for completion of the public improvements is approved with the following conditions: Common ground Parcel B in Potomac Crossing Section 1E shall receive final grading and seeding or sodding prior to July 1, 1992. The asphalt trail and landscaping within Parcel B shall be installed before December 1, 1992. Co When the improvements within Parcel B are completed and approved by the town and the Potomac Crossing Homeowners Association (HOA), the HOA will accept the improvements and the warranty period for Parcel B will begin. SECTION Ill. Failure by the developer to meet any of the deadlines established in the conditions of Section II will constitute a default under the contract. The developer may request additional time extensions if the improvements are not completed due to factors beyond the developer's control. SECTION IV. The conditions of this resolution shall be incorporated as amendments to the contract for installation of the public improvements for Potomac Crossing Section 1E and agreed to by the developer. SECTION V. In the event the developer does not agree in writing to the conditions of this resolution, then no time extension is approved and the Town Manager is hereby authorized to declare the developer in default of its contract for public improvements for Potomac Crossing Section 1E and to prepare and execute all required documents and undertake all necessary actions to enforce all terms of said contract. 92-55 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR THE FORT BEAUREGARD TOWNHOUSES 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 the Fort Beauregard Townhouses. SECTION II. The extension of municipal water and sewer for the Fort Beauregard Townhouses is approved in accordance with Sections 15-9 and 19-18 of the Town Code. 78 Minutes of April 28, 1992 SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from Crestar Bank in the amount of $337,502.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Fort Beauregard Townhouses. 92-56 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO APPLY TO BE NAMED AGENT TO SELL HUNTING, FISHING AND TRAPPING LICENSES, STAMPS AND PERMITS WHEREAS, no establishment within the town limits is currently authorized by the Virginia Department of Game and Inland Fisheries to sell hunting and fishing licenses; and WHE~, economic development and tourism efforts are on-going to attract people to downtown Leesburg;, and WHEREAS, Leesburg citizens should be offered a convenient location to purchase necessary licenses to pursue leisure activity; and WHEREAS, the town offices are centrally located and appropriately convenient to provide an attractive location for distributing licenses; and WHEREAS, citizens attracted by the opportunity to purchase licenses at our town office may pursue shopping and dining activities while downtown thereby further stimulating downtown's economy. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized to apply to the Virginia Department of Game and Inland Fisheries to appoint the Town of Leesburg as an agent to sell hunting, fishing, trapping licenses, stamps, permits, etc. VOTE Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevila Nay: None Absent: Forester, Kimball and Webb NEW BUSINESS 12.(a).(b).(c),(d),(e), (0 MOTION On motion of Mr. Clem, seconded by Mr. Lovin, the following resolutions were proposed as consent items and unanimously adopted. 92-57 RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE AND RELEASING A LETTER OF CREDIT FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSSING SECTION 1E WHEREAS, Council Resolution #92-54 authorized a time extension for installation of public improvements and approved a letter of credit from 1st American Bank confirmed by the Federal Home Loan Bank of Atlanta in the amount of $91,600.00 as security to guarantee installation of public improvements by Richmond American Homes of Virginia, Inc. as shown on the plans approved by the Director of Engineering and Public Works for Potomac Crossing Section 1E; and WHEREAS, Richmond American Homes of Virginia, Inc., the owner of Potomac Crossing Section 1E, has presented a corporate surety bond from American Motorists Insurance Company '(Kemper Insurance) in the amount of $91,600.00 to replace the approved letter of credit and is requesting approval of the new performance guarantee and release of the letter of credit. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $91,600.00 is approved to replace the letter of credit from 1st American Bank Minutes of April 28, 1992 confirmed by the Federal Home Loan Bank of Atlanta to guarantee the installation of public improvements in Potomac Crossing Section 1E. SECTION II. Letter of Credit No. 8068 from 1st American Bank confirmed by the Federal Home Loan Bank of Atlanta in the amount of $91,600.00 is hereby released. 92-58 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE AND RELEASING A LETTER OF CREDIT FOR INSTALLATION OF PUBLIC IlVIPROVEMENTS FOR BATTLEFIELD PARKWAY, PHASE II AND BIG SPRINGS STORM WATER MANAGEMENT POND WHEREAS, Council Resolution #90-156 approved a letter of credit from 1st American Bank in the amount of $1,761,183.00 as security to guarantee installation of public improvements by Richmond American Homes of Virginia, Inc. as shown on the plans approved by the Director of Engineering and Public Works for Battlefield Parkway Phase II & Big Springs SWrm Water Management Pond; and WHEREAS, the letter of credit from 1st American Bank was reduced to the current amount of $352,237.00 by Council Resolution's #91-47 adopted February 26, 1991 and #91-199 adopted September 10, 1991; and WHEREAS, Richmond American Homes of Virginia, Inc., the owner of the Battlefield Parkway, Phase II and Big Springs SWrm Water Management Pond, has presented a corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $352,237.00 to replace the approved letter of credit and is requesting approval of the new performance guarantee and release of the letter of credit. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $352,237.00 is approved to replace the letter of credit from 1st American Bank to guarantee the installation of public improvements in the Battlefield Parkway, Phase II and Big Springs Storm Water Management Pond. SECTION II. Letter of Credit No. 8135 from 1st American Bank in the amount of $352,237.00 is hereby released. 92-59 RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE AND RELEASING A LETTER OF CREDIT FOR INSTAI.LATION OF PUBLIC IMPROVEMENTS FOR EXETER SECTION 5 WHEREAS, Council Resolution #90-152 approved a letter of credit from 1st American Bank in the amount of $1,715,436.00 as security to guarantee installation of public improvements by Richmond American Homes of Virginia, Inc. as shown on the plans approved by the Director of Engineering and Public Works for Exeter Section 5; and WHEREAS, the letter of credit from 1st American Bank was reduced to the current amount of $792,773.00 by Council Resolutions #91-196 adopted September 10, 1991 and #92-37 adopted March 24, 1992; and WHEREAS, Richmond American Homes of Virginia, Inc., the owner of Exeter Section 5, has presented a corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $792,773.00 to replace the approved letter of credit and is requesting approval of the new performance guarantee and release of the letter of credit. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $792,773.00 is approved to replace the letter of credit from 1st American Bank to guarantee the installation of public improvements in Exeter Section 5. SECTION II. Letter of Credit No. 8244 from 1st American Bank in the amount of $792,773.00 is hereby released. 92-60 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE AND 80 Minutes of April 28, 1992 RELEASING A LETTER OF CREDIT FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR EXETER SECTION 8 WHE~, Council Resolution #90-158 approved a letter of credit from 1st American Bank in the amount of $589,388.00 as security to guarantee installation of public improvements by Richmond American Homes of Virginia, Inc. as shown on the plans approved by the Director of Engineering and Public Works for Exeter Section 8; and WHEREAS, the letter of credit from 1st American Bank was reduced to the current amount of $191,808.00 by Council Resolutions #91-45 adopted on February 26, 1991 and #91-197 adopted September 10, 1991; and WHEREAS, Richmond American Homes of Virginia, Inc., the owner of Exeter Section 8, has presented a corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $191,808.00 to replace the approved letter of credit and is requesting approval of the new performance guarantee and release of the letter of credit. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $191,808.00 is approved to replace the letter of credit from 1st American Bank to guarantee the installation of public improvements in Exeter Section 8. SECTION II. Letter of Credit No. 8136 from 1st American Bank in the amount of $191,808.00 is hereby released. 92-61 RESOLUTION APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE AND RELEASING A LETTER OF CREDIT FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR EXETER SECTION 9 WHEREAS, Council Resolution #90-235 approved a letter of credit from 1st American Bank in the amount of $1,566,803.00 as security to guarantee installation of public improvements by Richmond American Homes of Virginia, Inc. as shown on the plans approved by the Director of Engineering and Public Works for Exeter Section 9; and WHEREAS, the letter of credit from 1st American Bank was reduced to the current amount $1,024,292.00 by Council Resolution #91-198 adopted September 10, 1991; and WHEREAS, Richmond American Homes of Virginia, Inc., the owner of Exeter Section 9, has presented a corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $1,024,292.00 to replace the approved letter of credit and is requesting approval of the new performance guarantee and release of the letter of credit. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $1,024,292.00 is approved to replace the letter of credit from 1st American Bank to guarantee the installation of public improvements in Exeter Section 9. SECTION II. Letter of Credit No. 8137 from 1st American Bank in the amount of $1,024,292.00 is hereby released. 92-62 - RESOLUTION - APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE AND RELEASING A LETTER OF CREDIT FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR EXETER SECTION 12 WHEREAS, Council Resolution #90-272 approved a letter of credit from 1st American Bank in the amount of $141,775.00 as security to guarantee installation of public improvements by Richmond American Homes of Virginia, Inc. as shown on the plans approved by the Director of Engineering and Public Works for Exeter Section 12; and WHEREAS, Richmond American Homes of Virginia, Inc., the owner of Exeter Section 12, has presented a corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $141,775.00 to replace the approved letter of credit and is requesting approval of the new 81 Minutes of April 28, 1992 performance guarantee and release of the letter of credit. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company (Kemper Insurance) in the amount of $141,775.00 is approved to replace the letter of credit from 1st American Bank to guarantee the installation of public improvements in Exeter Section 12. SECTION II. Letter of Credit No. 8256 from 1st American Bank in the amount of $141,775.00 is hereby released. DISCUSSION Mr. Mason briefly summarized each of the performance guarantee requests. Mayor Sevila stated that when these letters of credit come up for renewal the town has sources to determine the current rating of the financial institutions to determine the security of the letter of credit/bond. However, in these volatile and uncertain days in the banking industry, does the town have any provision in the town ordinance or a state statute that would authorize the town to make interim checks, if for example, we determined midway through a public improvements contract the quarterly report came out indicating that the financial institutions might be less then completely reliable. Does the town have any ability to move at that point or does the town have to wait until the end of the term of the bond, to protect ourselves? Mr. Mason stated that the town's current contract does not have that provision. When the town accepts the letter of credit we accept it for the term of the contract which is initially two years. He stated that he would research this matter with the town's legal staff and finance director. This matter will be placed on a future Administration and Public Works Committee agenda. VOTE Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevila Nay: None Absent: Forester, Kimball and Webb 12. (g) MOTION On motion of Ms. Bange, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 92-63 .- RESOLUTION ESTABLISHING AN AD HOC COMMITTEE TO PROMOTE THE RETENTION AND EXPANSION OF BUSINESS 1N HISTORIC DOWNTOWN LEESBURG WHEREAS, downtown Leesburg has been the center for county administration and commerce for over 230 years; and WHEREAS, historic downtown Leesburg remains an attractive cultural focal point for town residents and visitors alike; and WHEREAS, over one-fourth of Leesburg~s businesses are located within the Old and Historic Distri~ including several m~jor employers; and WHEREAS, the Town of Leesburg has made a substantial investment in our historic downtown through the construction of the government center and parking garage; and WHEREAS, concentrated efforts are needed during the present uncertain economic climate, to promote the retention and expansion of business, as well as the preservation of county administrative offices, within historic downtown Leesburg; and WHEREAS, concerns regarding the future of the historic downtown have been recently expressed by downtown merchants, property owners and organizational representatives; and Minutes of April 28, 1992 WHEREAS, the town government has been asked to take a leadership role in determining historic downtown Leesburg's future; and WHEREAS, the Town Council desires to participate in and coordinate the efforts of Leesburg's business and professional community to ensure the continued viability of historic downtown Leesburg;, and WHEREAS, the Assistant Town Manager for Economic Development and Administration, on behalf of the town's Economic Development Advisory Committee, has been directed by the Town Manager to staff the Ad Hoc Committee for Downtown Leesburg. THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: SECTION I. As requested, a committee is hereby created of town government representatives and leaders of the Leesburg business and professional community to promote the retention and expansion of business in historic downtown Leesburg. SECTION II. The following individuals, as recommended by their peers, are hereby appointed to serve on this committee until its expiration: Howard Armfield, Alton Echols, Thomas Galloway, Ben Hayes, Susan Home, Tom Jewell, Kim Jordan, Mary Rosenburg, Robert E. Sevila and Peter Stephenson. SECTION III. The Ad Hoc Committee for Downtown Leesburg shall report specific recommendations for short- and long-term actions to promote the retention and expansion of business in historic downtown Leesburg to the Town Council within thirty (30) days. Further, the Ad Hoc Committee for Downtown Leesburg shall proceed to implement immediate actions which are deemed necessary and do not require additional town appropriations at this time. VOTE Aye: Councilmembers Bange, Clem, Lovin and Mayor Sevila Nay: None Absent: Forester, Kimball and Webb ADJOURNMENT MOTION On motion of Ms. Bange, seconded by Mr. Clem, the meeting was adjourned at 10:15 p.m. Robert E. Serifa, Mayor Town of Leesburg Clerk of Council