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HomeMy Public PortalAbout1992_07_14154 TOWN COUNCIL MEETING MINUTES OF JULY 14, 1992 A regular meeting of the Leesburg Town Council was held on July 14, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginis~ The meeting was called to order by Mayor Clem. INVOCATION was given by Councilmember Bange. SALUTE TO THE FLAG was led by Councilmember Atwell. ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Assistant Town Manager Peter M. Stephenson Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Public Information Officer Susan Farmer Planner Marilee Seigfried Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Messinger APPROVAL OF MINUTES Mayor Clem asked that the minutes be resubmitted to allow the Council more time to review them. Mr. Stanley Caulkins, of Canlkins Jewelers, addressed the Council. He referenced a petition that has been circulated through the town's business community. He stated that the petition contains remarks about Leesburg Renaissance (LRI) and parking. He stated that he signed the petition in hopes that it - was an avenue of discussing this matter a little further then the way the petition is being presented. He stated that he would like to withdraw his name from the petition because he is a member of LRI and supports LRI. Ms. Doris Johnson stated that she is the person that circulated the petition and that she has never made any mention of any org~niTation or representation other then what the petition says. Ms. Johnson presented the Council with an additional 44 signatures. With regard to a marketing plan, she suggested first marketing the downtown's empty spaces and a way of doing this might be to have the town sponsor an event designed to draw people inW the town and invite all of the realtors in the region. Have a free lunch/brunch for the realtors and have open house on the downtown. Mr, ~, C. Ecbol~ addressed the Council. His statement is attached and made a part of the minutes. Mr. Echels ~ked that the Council create a citizens advisory committee on tourism and when town funds are awil~ble employ a full time staff person. Ms. Sue Webb addressed the Council announcing that a now business, Canterbury Pines Antiques, will be opening in Leeeburg next to W.W. Chamblin. Ms. Webb referred to Stilson Greene's marketing plan and stated that she is present to answer any questions of the Council. 155 0 Z Minutes of July 14, 1992 PUBLIC HEARING to consider Special ExcePtion Application #SF~92-03 by Seventh Day Adventist Ms. Max/lee Sei~ried, addressed the Council presenting the staff report. Mr. Webb asked if staff has heard from the Fire Marshal's office? Ms. Seigfried stated that the application is still under review by the Fire Marshal. Mr. Blake asked if staff has heard from the health department with regard to the well? Ms. Seigfried stated yes and that the well does have the capacity. Ms. Seigfried stated that the town's legal counsel has advised that the applicant should connect to the town's water system. She stated' that connection to the town's system is required, by Town Code, for two reasons. One, if a facility is located on a road in which a public water system is located. Two, in the case of a new building, in this case the addition is 1500 square feet, would require connection to public water. Mr. A1 Slade, of A. ~, Slade Builders general contractor representing the church, addressed the Council. He expressed disappointment that the church can no longer use the well system and that the church will have to install a fire hydrant. Ms. Umstattd asked how much it will co~t to connect to the town's water system and install the fire hydrant? Mr. Slade stated that connection to the town's system will cost $3,820.00. He does not know the cost of the fire hydrant. Mr. Blake asked if the well has met all health department requirements? Mr. Slade stated yes. Ms. Ban~e asked what the membership of the church is? Mr. Slade stated 15 to 20 members. The church is occupied on Saturdays and Mondays and on Sundays by another church whose membership is the same. Mr. Webb asked that staff contact the Fire Marshal's office to obtain their report and from the health department stating that the well is or is not acceptable. MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, this matter was referred to the July 21, 1992, Planning and Zoning Committee meeting. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None COUNCILMEMBER COMMENTS Ms. Ban~e attended several meetings during the past week including the EDAC, LRI and Parks and Recreation Commission. She stated that the 4th of July was a "howling" success. Mr. Atwell attended the Airport Commission meeting'and the first Finance ad hoc committee meeting. Mr. Trocino attended the first Personnel ad hoc committee on Friday. He asked that the town get involved with the World War H Commemorative Community Program. The program is a defense department initiative and has a two-fold purpoee. The first purpose is to thank and honor the veterans and their families and those who served on the home front during that important period in this century. The program will cost the town little or nothing and once the town is designated a commemorative community the town will be able to involve itself with the programs. Mr. Brown has begun to compile what it takes to participate in this program. Ms. Umstattd, as the town's representative to the Northern Virginia Planning District Commission (NVPDC) stated that she has visited this office on two occasions. She encouraged all citizens to contact her or any member of the council if they have any research projects that they would like to see conducted by the NVPDC. The NVPDC offers constituent services for towns and countys. They have committees 156 Minutes of July 14, 1992 in land planning, transportation, environment and demographics. Ms. Umstattd stated that Mr. Grayson, with Grayson's Refuse, was complimented by the Solid Waste Manager from Alexandria. He suggested that Mr. Grayson and the Town of Leesburg be included in a special EPA program of volume base pricing on solid waste. Those who produce more waste pay more and those who produce less waste get a brealc There will be a meeting on August 4, in relation to that. The meeting is open to the public. Ms. Umstattd stated that under the Freedom of Information Act (FOIA) any citizen of the Town of Leesburg has the legal right to request from the town that they be advised of any upcoming topics that are before the town committees or full Council. Citizens should send a letter with a seN-addressed, stamped envelope to Mr. Brown. The town is required to keep you informed. It is very important to realize that there is a committee structure in town government and sometimes the most crucial business is done in committee. Mr. Webb asked if interviews have been set up for the CAC? Interviews have been scheduled for July 21, 1992. Mr. Blake attended the BAR meeting on Monday evening. MAYOR'S REPORT Mayor Clem stated that a lot of the issues brought up by the Council this evening will be discussed on Saturday at the special meeting. He stated that on July 1, two committees were formed. A Finance and Budget Committee and a Personnel and Ethics Committee. He encouraged the public to attend the Committee meetings of the Council. Mr. Clem welcomed Canterbury Antiques. MANAGER'S REPORT Mr. Brown welcomed the new councilmembers. He reported on the bond sale stating that the town got an excellent rate of 6.33 percent. The town will save over the course of the bond issue about $4 million over the projected cost of the debt service. He thanked Mr. York and the finance department. Alex Brown & Sons and Randy Shoemaker and the utilities department. He stated that Vector Security is a participant in the town's Adopt-A-Street Program. Vector Security adopted a portion of Sycolin Road as well as the length of Tolbert Lane. He thanked Gary Huff and WAGE Radio for the successful 4th of July celebration at Ida Lee Park. Mr. Clem also thanked Mr. Huff and Wage Radio and the Charles E. Smith Company who matched town funds. Chuck Thornton, with WAGE Radio, expressed thanks to Bret Phillips of Leesburg Today who wrote the editorial which began the fund raising drive. Mr. Clem stated that 600 water bills went out with an error. Inadvertently the 25 percent increase was added to the months of April, May and June. The town will make an adjustment to these bins by providing a credit. He apologized on behalf of the town. LEGISLATION 10. ia) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 157 Minutes of July 14, 1992 92-0-25 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-92-03 BY FIRST MOUNT OLIVE BAPTIST CHURCH WHEREAS, First Mount Ohve Baptist Church, located at 216 Loudoun Street, S.W., has applied for approval of a special exception to allow an expansion of the existing church parking lot; and WHEREAS, a special exception is required to allow expansion or enlargement of an existing place of worship in the RH-D zoning district in accordance with Article 11 of the Leesburg Zoning Ordinance; and WHE~, on June 15, 1992, the Board of Architectural Review conditionally approved the expansion of the existing parking lot and the screening along the northern and western property lines; and WHEREAS, on June 18, 1992 and June 25, 1992, the Planning Commission recommended conditional approval of special exception application #SE-92-03; and WHEREAS, the Land Development Official approved the alternative screening on June 22, 1992; and WHE~, on June 23, 1992, the Town Council held a public hearing on this application; and WHE~, 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-92-03 is hereby approved with the following conditions: That the development is in general conformity with the attached concept plan which incorporates the Board of Architectural Review recommendations including the location of the fence as per Option 2, which states, ~ocate the fence six inches from the property lines inside the church property." That the applicant submit a grading and drainage plan proposed by an engineer/surveyor licensed to practice in the Commonwealth of Virginia, subject to approval by the Town. That the applicant submit a landscape and fencing plan which identifies the specific type of trees, shrubs, and fencing on the property prior to receiving zoning clearance for the grading permit. The shrubbery along the rock wall shall be a columnar type of vegetation and have a height of 5-7 feet. VOTE Aye: Councilmembers At-weB, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None 10. (b) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the fonowing ordinance was proposed and adopted. 92-0-26 - ORDINANCE - AMENDING THE TOWN PLAN AND THE LEESBURG ZONING MAP AND APPROVING A REZONING APPLICATION FOR #ZM-132 BY LEESBURG ASSOCIATES LIMITED PARTNERSHIP WHEREAS, the Town of Leesburg received a complete rezouing application and fees from Leesburg Associates Limited Partnership on September 27, 1991, to rezone a 22.57-acre parcel of land located north of Fort Evans Road, approximately 1500 feet east of the Route 15 Bypass, and further identified as Loudoun County Tax Map 49, parcel 20B, from R-1 to R-16 with proffers; and 158 Minutes of July 14, 1992 WHE~, this application was received by the Town Council on October 22, 1991, and referred to the Planning Commission for public hearing under Chapter 11, Title 15.1, of the 1950 Code of Virginia, as amended; and WHEREAS, on November 21, 1991, the Planning Commission held a public hearing on this application; and WHEREAS, on January 23, 1992, the Planning Commission recommended conditional approval of this application to Council; and WHEREAS, on March 24, 1992, the Council held a public hearing to consider this application; and WHEREAS, on May 22, 1992, the AADP Joint Policy Review Committee recommended the Annexation Area Development Policies be amended; and WHEREAS, on June 2, 1992, the Board of Supervisors endorsed the AADP Joint Policy Review Committee recommendation; and WHEREAS, the applicant has submitted signed and notarized proffers to address the concerns of Council; and WHEREAS, the property is located adjacent to existing R-16 residentially zoned property to the east, thereby creating a contiguous residential community; and WHEREAS, the proposed Road '~C creates a barrier between employment uses to the west of the site, mitigating the adverse impacts of the proposed employment uses on the proposed residential uses; and WHE~, the number of multi-family units proposed with this application will not impact the Wwn's overall housing mix at buildout~ nor will the proposal impact the overall residential density cap of the AADP agreement; and WHEREAS, land development proposals for mixed use centers currently exceed the expectations of the Town Plan in terms of approved square feet thereby off-setting the impact of this 22.5-acre site from employment to residential; and WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. Rezoning application #ZM-132 and Town Plan amendment by Leesburg Associates Limited Partnership is hereby approved and the Leesburg Zoning District Map is amended to change from R-1 to R-16 with proffers, 22.57 acres of land located north of Fort Evans Road approximately 1500 feet east of the Route 15 Bypass and further identified as Loudoun County Tax Map 49, parcel 20B, as drawn on the concept plan by Bowers & Associates, P.C., dated November 7, 1991, revised June 23, 1992, subject to the following conditions proffered in writing by the property owner on March 24, 1992, as revised on July 9, 1992, in accordance with the provisio, ns of Section 15.1-491(a) of the 1950 Code of Virginia, as amended: Pursuant to Section 15.1-491 et seq. of the Code of Virginia of 1950, as amended, and Section 13A-12 of the Zoning Ordinance of the Town of Leesburg (the "Town"), Leesburg Associates Limited Partnership, a Virginia Limited Partnership, together with its successors and assigns (the "Applicant"), which is the applicant herein and the owner of approximately 22.57 acres of land (the "Property") described as Parcel 20B on Tax Map 49 in the Loudoun County records and which is seeking approval by the Town of rezoning of the Property to the R-16 Zoning District~ hereby submits the following voluntary proffers which supersede all prior proffers and which are contingent upon Town approval of all the above-described actions requested by Applicant. Permitted Uses and Development Density. When the Town adopts an ordinance approving the rezoning of the Property to the R-16 zoning category, the Property may be developed with no more than sixteen multi-family dwelling units per net acre and ten single family attached dwelling units per net acre, as stated in Section 3H-2 of the Town's Zoning Ordinance adopted by the Town as of the date of approval of #ZM-132. Notwithstanding the foregoing, the 159 Minutes of July 14, 1992 maximum overall residential density for the Property shall not exceed twelve dwelling units per net acre. The overall development density and the dwelling unit mix for the Property, shall be submitted for review and approval by the Town Planning Commission in conjunction with its review and approval of the first preliminary subdivision plan or development plan for that portion of the Property. The exterior design elevations and standards for any single family or multi- fzmiiy dwelling units to be developed on the Property shall be submitted for review and approval by the Town Planning Commission in conjunction with its review and approval of the first preliminary subdivision plan or development plan for such single family or multi-family portion of the Property. Rezoning Plan. Development of the Property shall be in substantial conformity with the Rezoning Plan dated September 18, 1991, prepared by Bowers and Associates, attached hereto as Exhibit "A" (the "Rezoning Plan") which shall control the location of roadways on the Property. The features shown on the Rezoning Plan may be adjusted to accommodate engineering and design alterations at the time of subdivision or development plan approval for lots or parcels developed on the Property. The Rezoning Plan does not control the location of roadways located off of the Property. Development plan and subdivision plan approval is subject to the requirements of applicable Town subdivision and zoning ordinances in effect at the time of action by the Town on any such applications. Town approval of the Rezoning Plan does not express or imply any waiver or modification oF the requirements set forth in the various Town ordinances and design standards. Transportation Improvements. As illustrated on the Transportation Improvement Plans attached hereto as Exhibit "W, the Applicant shall initially access the Property' from Fort Evans Road (Alternative A) or from Road "Y~' (Alternative B) and will extend necessary traffic improvements and required development infrastructure across the Property from such initial point of development as adjacent portions of the Property are developed. Access to the Property via Alternative A will be constructed concurrently with road frontage improvements of Fort Evans Road described in Proffer 3(a). Access to the Property via Alternative B will be constructed concurrently with road frontage improvements of Road '~/~ described in Proffer 3(d). All permanent travel lanes shall be no narrower than twelve (12) feet. An permanent right-of-way and roadway improvements shall be dedicated to the Town or VDOT in fee simple, free and clear of any and all liens, and shall comply with Town or V-DOT roadway construction standards. Upon receipt of requisite record subdivision plat or final development plan approval for such portion of the Property and as the portion of the Property abutting an existing public right-of-way is developed, the Applicant or its successor shall dedicate, bond and construct to the Town or VDOT specifications the following improvements: (a) To the extent such improvements are not provided by others, the Applicant shall construct the southern half section of that portion of Fort Evans Road which abuts the northern boundary of the Property. The improvements of Fort Evans shall be limited to the southern half section of the ultimate four lane undivided 52 foot wide pavement section in one half of a 70 foot right-of-way and necessary right-of-way for turn lanes as required by Town and/or VDOT standards. The improvement of Fort Evans Road will include curbs, gutters, a sidewalk on the south side, and a right turn lane for east bound traffic access to the Property from Fort Evans Road. The Property frontage improvements of Fort Evans Road will not require reconstruction of the existing 16" water main, so long as the depth to such water main does not exceed eight feet from the finished surface of Fort Evans Road and so long as the water main is not within four feet of the surface of Fort Evans Road. Co) To the extent such improvements are not provided by others, the Applicant shall improve the off-site portion of Fort Evans Road which extends from the western edge of the Property to the Leesburg By-Pass in the approximate current alignment of existing Fort Evans Road by widening such section to 22 feet of pavement (the "Off-Site Portion of For Evans Road"). The Off-Site Portion of Fort Evans Road will be consistent with a VDOT GS-6 minor arterial, will include shoulder and ditch design and two eleven foot travel lanes, and will be designed to accommodate a thirty M.P.H. design speed. Construction methods proposed to achieve the VDOT GS-6 design while utilizing the existing road surface shall be subject to review and approval by the Town Director of Engineering. Such roadway section will include necessary drainage improvements, but will not include curbing, gutters or sidewalks. (c) The Applicant shall contribute to the Town up to a total of One Hundred Twenty Thousand ($120,000) for provision of traffic signalization of the intersection of Fort Evans 160 Minutes of July 14, 1992 Road with the Leesburg By-Pass and/or traffic signalization of the intersection of Road ~Y" and Cardinal Park Drive Extended, as determined by the Town. Such payments to the Town shall be made ratably on a per dwelling unit basis prior to issuance of a zoning permit for each such dwelling unit. The pro rata payment of the traffic signal contribution shall be determined upon Town approval of the first preliminary subdivision or development plan for any portion of the Property by dividing $120,000 by the actual number of dwelling units approved for the Property. In the event that the Town Director of Engineering determines that such signalization is not warranted by development of the Property, the $120,000 shall be utilized for other off-site transportation improvements utilized by occupants of the Property. (d) The Applicant shall construct to Town or VDOT standards and dedicate to the Town or VDOT, the northern one-half of the ultimate four lane section of the Road 'Ar" divided through collector, which shall incorporate a twenty-seven foot wide pavement section in a forty-five foot wide right-of-way along the southwestern portion of the Property, as shown on the Transportation Improvement Plans attached hereto as Exhibit B. (e) At the option of the Applicant, and in lieu of the construction and dedication of the roadway improvements described above in Proffer 3Co), to the extent such improvements are not provided by others, the Applicant may, at its sole option, construct to Town or VDOT standards and dedicate to the Town or VDOT, the northern one half of the ultimate four lane section of the Road '"/" divided through collector, which shall incorporate a twenty-seven foot wide pavement section in a forty-five foot wide right-of- way from the southeastern corner of the Property to the western edge of Battlefield Parkway. In the event that the Applicant elects to construct this portion of Road 'Ar", the Applicant will prepare and deliver to the Town at its sole cost a study of the location of the intersection of Road '~ with Battlefield Parkway, which will locate such intersection sufficiently north of East Market Street to permit construction of the northern portion of the East Market Street and Battlefield Parkway interchange. If warranted by development of the Property, the roadway improvements described in this paragraph shall include improvements of the intersection of Road ~F' and Battlefield Parkway necessary to achieve acceptable intersection operation as defined in the Town Design and Construction Manual (the "DCSM") and the Town Plan. (f) The Applicant will use its best efforts to obtain the consent of owners of off-site property required to construct the improvements proffered herein. In the event that off-site improvements are located on lands of others and such owner is unwilling or unable to dedicate such necessary right-of-way, the Applicant will reimburse the Town the reasonable and customary fair market value costs, including reasonable attorney fees and court costs, for the acquisition by the Town or VDOT of the portion of off-site land necessary to construct the proffered improvements. (g) In the event that at the time of determination of the number of units which may be developed on the Property as provided above in Paragraph One, the Transportation Improvements described above in Paragraph Three have been provided by parties other than the Applicant, then the Applicant agrees to contribute to the Town up to a total of One Hundred Seventy Five Thousand Dollars ($175,000) for provision of off-site transportation improvements utilized by occupants of the Property, provided, however, that such amount of contribution will be reduced by any additional transportation improvements which the Town determines have been made by the Applicant and are not described in these proffers. Such payments to the Town shall be made ratably on a per dwelling unit basis prior to issuance of a zoning permit for each such dwelling unit. The pro rata payment for off-site transportation improvements shall be determined upon Town approval of the first preliminary subdivision or development plan for any portion of the Property by dividing $175,000, less the cost of any additional transportation improvements made by the Applicant, by the actual number of dwelling units approved for the Property. Fire and Rescue. The record owner of the Property or its successors-in-interest shall pay to the Town a cash contribution in the amount of $100.00 per residential unit actually constructed on the Property. This cash contribution shall be transferred, after receipt by the Town, to the fire and rescue facilities providing service to the Property in equal proportions and may be expended toward the purchase of equipment or land for building sites or actual construction or reconstruction of new or remodeled fire and rescue facilities. This cash contribution shall be paid in increments immediately prior to and as a condition of issuance of any zoning permit for 161 0 Z Minutes of July 14, 1992 dwellings constructed on the Property. Adjustment of Monetary Contributions. The amount of monetary contributions for fire and rescue and for traffic signalization shall be adjusted annually upward from the date of final rezoning approval in accordance with the Consumer Price Index. Sewer and Water Service. The Applicant will provide water service to the Property from the existing water line located at Fort Evans Road. Concurrently with construction of the Fort Evans Road Improvements described above in Paragraph 3(a), and if necessitated by the construction of such improvements, the Applicant will increase the pipe diameter of the portion of the existing water line located in Fort Evans Road which abuts the Property from s'~een to twenty-four inches, so long as the additional incremental cost of acquisition and installation of such larger pipe and laterals is borne by the Town. In the event that prior to issuance of zoning permits for the Property, a sewer line providing adequate service for the Property has not been constructed by others, the Applicant will construct a sewer line from the Property to the Town sewer treatment facility. The execution and acceptance of these proffers does not imply that adequate sewer capacity in Town sewer treatment facility will be available for dwellings constructed on the Property. Development of the Proper0L The Applicant will develop multi-family and Wwnhouse units on the Property in substantial accordance with one of the three configurations shown on the Land Use Concept Plan dated October 7, 1991, by Bowers and Associates, attached hereto as Exhibit "C". In accordance with Section 3H-2 of the Town's Zoning Ordinance, any development plan utilized by the Applicant will provide a minimum of 250 square feet of active recreational space for each multi-f~mily unit. Active recreational facilities may include, but shall not be limited to a swimming pool, volleyball facilities, a tennis court, or playground facilities. In addition to such on-site recreational fa 'alities, prior to issuance of a zoning permit for each dwelling unit constructed on the Property, the Applicant will contribute to the Town for improvement of Ida Lee Park TWO HUNDRED FIFTY DOLLARS ($250.00) for each dwelling unit. To the extent feasible, the Applicant will utilize the existing trees on the Property to buffer adjoining uses and will incorporate such trees into its development wherever possible. The Applicant will use its best efforts to preserve any mature trees (18 inches in diameter) during the course of developing the Property. As it develops the Property, the Applicant will cooperate with the Town in its efforts to develop a regional trail system for the Town. The Applicant will obtain all necessary permits from the U.S. Army Corps of Engineers prior to disturbance of any wetland areas delineated on the Property in accordance with the current Corps of Engineers Delineation Manual and will furnish the Town with a copy of any such permits required by the Clean Water Act. The undersigned Applicant which represents all of the owners of record of the Property, does hereby voluntarily proffer the conditions stated above, which conditions shall be binding on the Applicant and its successors and assign and shall have the effect specified in Section 15.1-491.2 of the Code of Virginia (1950), as amended. SECTION II. The Town Plan land use policy map is hereby amended as follows: the above- referenced property designation shall change from Planned Employment to High Density Residential to reflect this rezoning approval. SECTION Ill. This ordinance shall be effective upon its passage. DISCUSSION Mr. Blake questioned the $120,000 contribution by the applicant for signAliTation of Fort Evans Road and the bypass. He asked why there would be a need for a signal since Fort Evans Road will become a cul- de-sac? Mr. Banzhaf representing the applicant addressed Mr. Blake explaining that the $120,000 came out of a traffic study requested by town staff. It is based on trsffic counts and requires sign_~livafion at that intersection. This is an interim condition. The Town Plan speaks to the ultimate clo~ure of the intersect/on at such time as Battlefield Parkway is available. Ms. Umstattd asked if there is an estimate of the gallons used per day of water and what would be used under the current zoning if it were built out versus the gallons used per day under the rezoning?. Ms. Seigfried stated that she would have to research this and get back to the Council. The difference in population under the two scenarios is that under the existing zoning the applicant is allowed 1 unit per acre - 21 lots versus 270 with this proposal. 162 Minutes of July 14, 1992 VOTE Aye: Nay: 10. (c) MOTION Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem. Umstattd On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 92-0-27 ORDINANCE - AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE TO ESTABLISH A TOWN-WIDE RESIDENTIAL CURBSIDE RECYCLING PROGRAM WHEREAS, the Town of Leesburg is required per the 1950 Code of Virginia, as amended, to achieve a recycling rate of 10 percent by December 31, 1991; a recycling rate of 15 percent by December 31, 1993; and a recycling rate of 25 percent by December 31, 1995; and WHEREAS, the adopted Town of Leesburg Solid Waste Management Plan calls for the town to expand the collect/on of newspapers and recyclables to all single-family residences in 1992 in order to meet state mandated recycling requirements; and WHE~, Loudoun County, under a separate solid waste managemen$ plan, required that all county residents separate newspaper, glass containers, and aluminum cans for recycling effective September 1, 1991; and WHEREAS, the establishment of a mandatory town-wide residential curbside recycling program, within the town's adopted budget for refuse collection and recycling is a prudent action at this time; and WHEREAS, the town's contractor will begin collecting newspaper, glass containers, plastic bottles and jugs, and aluminum cans on the second day of weekly trash collection for single-family detached and single-family attached (duplex and tewnhome) units, beginning August 13 and 14, 1992; and WHEREAS, commercial and multi-f~mily residential recycling programs will be required in the future: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 8, Garbage and Refuse; Section 8-4, Definitions; of the Leesburg Town Code is hereby amended to add the following definition: "Recyclable Material: Those commodities which are collected by the contractor pursuant to the contract documents, as designated by the town to be separated and collected on a schedule as designated by the town." SECTION II. Chapter 8, Garbage and Refuse; Section 8-10, Preparation of newspapers for collection; of the Leesburg Town Code is hereby amended as follows: "Newspapers to be picked up from residences by the municipal collectors shall be securely tied in bundles or placed in paper bags, :~ -^* ~: ..... ~ A~ :_ ~l:.~,!: ~'A~ thc SECTION Ill. Chapter 8, Garbage and Refuse; Section 8-15, Reserved; of the Leesburg Town Code is hereby amended as follows: Recycling. ..Residents of all single-family detached and single-family attached (duplex and townhome) residential units are required to participate in the town-wide curbside recycling of recyclable materials. Recyclable materials will be picked up at curbside on the second collection day of the week. For residents living west of King Street, recyclables will be picked up Thursday morning, for those east of King Street, recyclable materials will be picked up Friday morning. Recyclable materials should be placed at the curb between 4 p.m., on the day preceding collection and 6 a.m., on the morning of collection, in a paper bag(s) separate from other refuse. Newspapers may also be tied with twine in bundles. 163 Minutes of July 14, 1992 There sh~ll be no charge for the town residents to participate in this orozram, for this additional service. All other residents and businesses, not included in this proeram or cov.ered under a separate recycling contract with a private collector, should continue to utilize the two Town of Leesburg recycling drop-off centers to dispose of recyclable materials. SECTION IV. This ordinance shall be effective August 13, 1992. DISCUSSION Mr. Trocino asked that, in the future, the town move towards acquiring permanent containers. Mr. Brown stated that these containers propose a cost factor at this time. Ms. Umstattd stated that the ordinance is ambiguous as drafted. She asked if the town would be contacting all residents being more definite in what can be placed for pick up. Mr. Brown stated that the ordinance was not designed to be a public information tool. It was designed to ensure that the town had the legislative authority to proceed with the program. VOTE Aye: Nay: 10. (d) Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. None MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and unonlmously adopted. 92-114 - RESOLUTION - AMENDING TOWN OF LEESBURG RESOLUTION NO. 92-97 AND AUTHORIZING AN ADDITIONAL CONTRACT EXTENSION WITH GRAYSON'S REFUSE SERVICE, INC. TO IMPLEMENT A TOWN-WIDE RESIDENTIAL CURBSIDE RECYCLING PROGRAM WHEREAS, on June 23, 1992, the Town Council adopted Resolution No. 92-97, rejecting refuse and recycling bids, authorizing another invitation to bid, and authorizing a contract extension with Grayson's Refuse Service, Inc.; and WHEREAS, on June 23, 1992, the Town Council also adopted Resolution No. 92-90, adopting the Leesburg Solid Waste Management Plan; and WHEREAS, the Solid Waste Management Plan provides an integrated, comprehensive strategy for management of solid waste generated within the Town of Leesbu~, and WHEREAS, Section 1.2.3 of the adopted plan calls for the town to expand the collection of newspapers and recyclables to all single-fsmily residences in 1992 in order to meet state mandated recycling requirements; and WHEREAS, the one hundred eighty (180) day contract extension authorized under Resolution No. 92-97 does not allow the town to implement the residential curbside recycling program in 1992 as planned; and WHE~, an extension of the town's contract with Grayson's Refuse Service, Inc. through June 30, 1993 will allow the town to commence its residential curbside recycling program in August, 1992, within the town's adopted budget for refuse collection and recyclin~ THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: SECTION I. Resolution No. 92-97 and the subsequent Contract Addendum between the Town of Leesburg and Grayson's Refuse Service, Inc., dated June 30, 1992, are hereby amended to extend the contract term from December 31, 1992 to June 30, 1993, or until a new contract is awarded. The purpose of this additional extension is to allow the implementation of the planned town-wide residential curbside recycling program, beginning in August, 1992. SECTION II. Resolution No. 92-97 is further amended to direct the Town-Manager to announce 164 Minutes of July 14, 1992 another Invitation to Bid for the Town of Leesburg refuse and recycling contract on or before January 31, 1993. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None 10. Mr. Mason addressed the Council reviewing the proposed legislation and summarizing his memo. Ms. Umstattd stated that one of the contributors to her state senate campaign is also a m~jor investor in the Toll Road, therefore, she removed herself from any discussion or vote on this issue. MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted. 92-115 - RESOLUTION - AUTHORIZING AN IMPLEMENTATION AGREEMENT AND AN ESCROW AGREEMENT WITH THE TOLL ROAD CORPORATION OF VIRGINIA (TRCV); APPROVING THE CONVEYANCE OF A TEMPORARY DETOUR EASEMENT ON AIRPORT PROPERTY TO TRCV; APPROVING THE CONVEYANCE OF AN EASEMENT TO TRCV FOR THE CROSSING OF TOLBERT LANE BY THE DULLES TOLL ROAD EXTENSION; AND APPROVING A PERFORMANCE GU~EE FOR THE DUT,LW, S TOLL ROAD EXTENSION WHEREAS, the Toll Road Corporation of Virginia (TRCV) has obtained a Certificate of Authority from the State Corporation Commission pursuant to the Virginia Highway Corporation Act of 1988; and WHEREAS, construction drawings for the Dulles Toll Road Extension to Leesburg have been conditionally approved by the Department of Engineering and Public Works; and WHEREAS, final subdivision plats, which establish the right-of-way for construction, operation and maintenance of the Dulles Toll Road Extension to Leesburg, have been conditionally approved by town staff and presented to the Planning Commission; and WHEREAS, Section 56-546D of the Virginia Highway Corporation Act of 1988 provides for special agreements for local governments concerning supplemental or related matters which are in the public interest; and WHEREAS, an Implementation Agreement between the town and TRCV has been prepared and includes provisions addressing improvements to be installed by TRCV and conveyed to the town, providing a performance guarantee for the improvements to be conveyed to the town, provisions for existing and future utility line crossings to the Toll Road right-of-way, assignment of the Agreement to Toll Road Investors Partnership II, L.P. (TRIP II); payment by TRCV of Land Development application fees to the town; and WHEREAS, TRCV requires that an easement be conveyed by the town for a temporary detour of Tolbert Lane onto town airport property; and WHEREAS, TRCV requires that an easement be conveyed by the town to allow the crossing of Tolbert Lane right-of-way by the Dulles Toll Road Extension; and WHEREAS, the approved and signed subdivision plats and easement plats will be held by an Escrow Agent and not recorded until the settlement day for permanent construction financing for the Dulles Toll Road Extension and an Escrow Agreement is needed to establish instructions for the Escrow Agreement; and WHERF_J~, the Town of Leesburg remains a vigorous supporter of the proposed Dulles Toll Road Extension to Leesburg from Route 28 at Dulles Airport. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor is hereby authorized to sign on behalf of the town the Implementation 165 0 Minutes of July 14, 1992 and Escrow Agreements with the Toll Road Corporation of Virginia in a form approved by the Town Attorney. SECTION II. The Mayor is hereby authorized to sign on behalf of the town a temporary detour easement for the Toll Road Corporation of Virginia on Leesburg Airport property located adjacent to Tolbert Lane with the plat approved by the Director of Engineering and Public Works the Deed of Easement approved by the Town Attorney. SECTION Ill. The Mayor is hereby authorized to sign on behalf of the town an easement for the Toll Road Corporation of Virginia to allow construction, operation and maintenance of the Dulles Toll Road Extension across Tolbert Lane right-of-way. The plat must be approved by the Director of Engineering and Public Works and the Deed of Easement approved by the Town Attorney. SECTION IV. A corporate surety bond in a form approved by the Town Attorney from Aetna Casualty and Surety Corporation in the amount of $1,319,487.00 is approved as security to guarantee installation of the public improvements shown on the construction drawings approved by the Director of Engineering and Public Works for the Dulles Toll Road Extension to Leesburg. DISCUSSION Mr. Atwell again expressed concern with regard to the insurance. Mr. Mullis, with TRCV, addressed Mr. Atwell stating that during construction of the Toll Road, the town will be named as an insured beneficiary. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem. Nay: None Abstain: Councilmember Umstattd 10. (h) was referred to the July 18, 1992, special meeting of the Town Council. 10. (i) throueh 10. is) MOTION On motion of Mr. Webb, seconded by Mr. Atwell the following items were proposed as consent items and unanimously adopted. 92-116 - RESOLUTION - AUTHORIZING AGREEMENTS FOR GROUP INSURANCE COVERAGES AND MAKE AN APPROPRIATION WHE~, on June 4, 1992, the town received proposals from insurance providers to provide the town with group insurance coverage for health and term life, accidental death, dismemberment insurance coverages for town employees; and WHERF_AS, the proposals received were reviewed and analyzed by the town's insurance consultant, McNeary Insurance Consulting Services, Inc.; and WHEREAS, their analysis and recommendations were forwarded to the Council by memorandum dated July 11, 1992, along with recommendations for type and extent of coverage and funding for fiscal year 1992: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to enter into an agreement with Blue Cross/Blue Shield of Virginia represented by the Kelly Insurance Agency to provide the town with group health care coverage as was described in their proposal for the Comp Care point of service benefits plan at the following monthly rates: Employee only $196.43 Employee and one minor 267.44 Family 453.54 166 Minutes of July 14, 1992 The town will pay the employee portion of this coverage. Those employees receiving coverage under the employee and one minor or family categories shall pay $59.17 and $189.22 per month respectively with the difference paid by the town. SECTION II. The manager shall enter into an agreement with the Shenandoah Life Insurance Company represented by the Kelly Insurance Agency to provide the town with group term life, accidental death and dismemberment insurance coverage equal to one times the employee's annual salary at an annual cost of $12,420. The town will pay the entire cost of this coverage. SECTION III. All coverages become effective July 1, 1992, and will expire June 30, 1993. The town reserves the right to renew these coverages for the next two years without rebidding these coverages. SECTION IV. Additional appropriations to the hospitalization fringe benefits accounts of the general and utility funds totalling $113,000 are authorized from the unreserved fund balances of these two funds for the fiscal year ending June 30, 1993, for the purpose of funding the additional cost. 92-117 - RESOLUTION - ESTABLISHING TOWN COUNCIL COMMITTEES ON FINANCE AND PERSONNEL ISSUES WHEREAS, the Town Council on July 1, 1992, determined that ad hoc committees consisting of three Councilmembers each should be established to consider financial and personnel policy issues facing the full Council; and WHEREAS, the purpose of the Personnel Committee is to advise the full Town Council on personnel and public relations policy issues requiring full Council attention; and WHEREAS, the purpose of the Finance Committee is to advise the full Town Council on financial policy decisions requiring the full Council attention such as consideration of the town's budget and financial goals: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Personnel Committee is hereby established to advise the Town Council on personnel and public relations policy matters requiring the full Council's attention. The Personnel Committee shall be composed of Georgia Bange, Chairman, and Councilmembers Joseph Trocino and Ronald W. Blake. The Personnel Committee shall meet as determined by the Chairman or a majority of members. SECTION II. The Finance Committee is hereby established to advise the Town Council on financial policy matters requiring the full Council's attention. The Finance Committee shall be composed of Councilmember George Atwell, Chairman, Mayor James E. Clem and Councilmember Kristen C. Umstattd. The Finance Committee shall meet as determined by the Chairman or a majority of the committee. 92-118 - RESOLUTION - APPROVING TWO TEMPORARY BANNERS FOR THE VOLUNTEERS OF AMERICA FESTWAL OF HOPE WHEREAS, the Transitional Housing Center in Loudoun County will celebrate its one-year anniversary on Saturday, July 18, 1992; and WHE~, the center provides temporary housing and services to help local homeless individuals and families attain social and economic self-sufficiency; and WHEREAS, Volunteers of America (VOA) is sponsoring a "Festival of Hope" to celebrate the center's anniversary; and WHEREAS, the free event will be held from noon to 4 p.m. at the VOA Transitional Housing Center located on Meadowview Court near Leesburg Municipal Airport; and WHEREAS, Volunteers of America has requested permission to display banners in the median on East Market Street and in public right-of-way at the intersection of the Route 7/15 Bypass and Sycolin Road to promote the event. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 167 0 Z Minutes of July 14, 1992 Permission is hereby granted to Volunteers of America to display temporary banners in the median of East Market Street and at the intersection of the Route 7/15 Bypass and Sycolin Road. The town's Department of Engineering and Public Works will supervise the installation of the banners. 92-119 RESOLUTION - CANCELI.ING THE AUGUST 18, 1992, PLANNING AND ZONING COMMITTEE AND ADMINISTlqATION AND PUBLIC WORKS COMMITTEE MEETINGS AND THE AUGUST 25, 1992, REG~ COUNCIL MEETING RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Planning and Zoning Committee and the Administration and Public Works Committee meetings scheduled for August 18, 1992 and the regular meeting of the Leesburg Town Council scheduled for August 25, 1992, are cancelled. 92-120 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION IN EXETER SECTION 5 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter Section 5 and certified that the value of work performed exceeds $1,198,398.00; and WHEREAS, a corporate surety bond from American Motorists Insurance Company in the current amount of $792,773.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements for Exeter Section 5; WHEREAS, the performance guarantee for Exeter Section 5 was reduced to $792,773.00 from the initial amount of $1,715,436.00 by Resolutions 91-196 and 92-37. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~ini~ as follows: SECTION I. The corporate surety bond from American Motorists Insurance Company in the amount of $792,773.00 is reduced to $517,047.00. 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 Exeter Section 5. 92-121 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTAIffATION IN EXETER SECTION 8 WHERF. u~, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter Section 8 and certified that the value of work performed exceeds $471,510.00; and WHEREAS, a corporate surety bond from American Motorists Insurance Company in the current amount of $191,808.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements for Exeter Section 8; WHEREAS, the performance guarantee for Exeter Section 8 was reduced to $191,808.00 from the initial amount of $589,388.00 by Resolutions 91-45 and 91-197. 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 in the amount of $191,808.00 is reduced to $117,878.00. 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 Exeter Section 8. 92-122 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTAI.LATION IN EXETER SECTION 9 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public 168 Minutes of July 14, 1992 improvements installed to date in Exeter Section 9 and certified that the value of work performed is $310,925.00; and WHE~, a corporate surety bond from American Motorists Insurance Company in the current amount of $1,024,292.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements for Exeter Section 9; WHEREAS, the performance guarantee for Exeter Section 9 was reduced to $1,024,292.00 from the initial amount of $1,566,803.00 by Resolution 91-198. 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 in the amount of $1,024,292.00 is reduced to $713,367.00. SECTION Il. 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 Exeter Section 9. 92-123 - RESOLUTION - CANCELI.ATION OF THE CONT1L~CT FOR PUBLIC IMPROVEMENTS WITH THE HARRISON II LIMITED PARTNERSHIP FOR 306 SOUTH HARRISON STREET AND RELEASE OF THE PERFORMANCE GUARANTEE WHE~, Council Resolution #89-118 adopted by Council on June 13, 1989, authorized an agreement and approved a performance guarantee and water and sewer extension permits for 306 Harrison Street; and WHEREAS, a letter of credit from Signet Bank in the amount of $55,740.00 was provided as performance guarantee; and WHEREAS, no construction or site work for this 32,200 square foot office building has been started by the developer, The Harrison II Limited Partnership, for this site; and WHEREAS, this site recently received approval of a proffer amendment and special exception and was rezoned to allow construction of up to 67 assisted living elderly housing units; and WHEREAS, the 'developer is currently having a new final development prepared which will include the public improvements that are part of the approved office building development plan; and WHEREAS, the developer has requested that the current contract for installation of public improvements for 306 South Harrison Street be cancelled in lieu of a time extension and that the letter of credit from Signet Bank in the amount of $55,740.00 be released. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The current contract for installation of public improvements for the 306 South Harrison Street Office Building is hereby cancelled. SECTION II. The letter of credit from Signet B~k in the amount of $55,740.00 which guarantees the installation of public improvements for 306 South Harrison Street is hereby released. SECTION III. The water and sewer extension permits issued for 306 South Harrison Street in accordance with Section 15-9 and 19-18 of the Leesburg Town Code are hereby cancelled. 92-124 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR VACATION OF BOUNDARY LINES ON LOTS 26-30, TAX MAP 48C, BLOCK lC, FAIRVlEW SUBDIVISION RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of boundary lines on lots 26-30, Tax Map 48C, Block lC shall be published in the Loudoun Times-Mirror on July 29, 1992 and August 5, 1992, for public hearing on August 11, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 169 Minutes of July 14, 1992 92-125 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION #SE-92-05 - PAL ENTERPRISES, INC. RESOLVED by the Council of the Town of Leesbur~ in Virginia, as follows: A notice of public hearing to consider special exception application #SE-92-05 by PAL Enterprises, Inc., to locate a car rental facility in a B-2 Zoning district shall be published in the Loudoun Times-Mirror on August 26, 1992 and September 2, 1992, for public hearing on September 8, 1992. The public hearing is scheduled for 7:30 p.m. in the Council Chambers, 25 West Market SWeet, Leesburg, Virginia. 92-126 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF DOUBLE T 0 CORPORATION FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Double T Corporation, for revision of the Zoning District Map (#ZM-135) for 10.767 acres from B-2 to R-16 is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.12 of the 1950 Code of Virginia, as amended. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trodno, Umstattd, Webb and Mayor Clem. Nay: None NEW BUSINESS MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 92-127 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER EXTENSION PERMIT FOR THE HERITAGE NURSING HOME ADDITION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract by the Director of Engineering and Public Works for Heritage Hall 5 Nursing Home Addition. SECTION H. The extension of municipal water for Heritage Hall 5 Nursing Home Addition is approved in accordance with Section 19-18 of the Town Code. SECTION Ill. The corporate surety bond in a form approved by the town attorney from Fidelity and Deposit Company of Maryland in the amount of $14,380.00 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 Heritage Hall 5 Nursing Home Addition. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None NEW BUSINESS MOTION Ms. Umstattd made the following motion: I move that the Council direct the Town Manager, with recommended assistance from Susan Farmer to: (1) Investigate and recommend sites within the Town that could accommodate a m~jor fair or festival drawing at least 15,000 vehicles and 30,000 tourists over the course of one weekend. 170 Minutes of July 14, 1992 (2) Identify and contact the organizers, participants and hosting communities of major crafts fairs and other festivals throughout the eastern United States and determine what steps the Council needs to take to attract a series of major fairs and festivals to the Town, with the caveat that the Town retain control over the promotion of such fairs so as to preserve any revenues for the Town and its citizens, rather than losing them to a promoter. (3) Specifically investigate the experience of towns such as Gaithersburg, Timonium,, Manassas, Front Royal, Lucketts and Waterford and counties such as Fauquier, Loudoun and Montgomery, which have hosted crafts fairs and wine festivals. (4) Determine what the Town's start-up costs would be and the net profit potential to the Town treasury over the next five years of Leesburg's hosting at least four major fairs and festivals a year within the corporate limits of the Town beginning in the spring of 1993. (5) Make a full and comprehensive report of her findings to Council within 30 days. The motion was seconded by Mr. Trocino. DISCUSSION Mr. Trocino stated that this would be an appropriate subject for the Council to consider at Saturday's work session. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None MOTION Ms. Umstattd made the following motion: I move that the Council direct the Administration and Public Works Committee to: (1) Investigate the town's legal ability to put up, within 30 days, signs at the outskirts of the historic district advertising the historic district and free parking. (2) Investigate the possibility of having such signs donated to the Town at no cost to the Town. (3) Investigate the Town's legal ability to erect 3 display cases with maps of the Town and brochures highlighting Leesburg's historic and shopping highlights - one case at each entrance to the parking garage and one outside at Market Station. (4) Investigate the possibility of having such display cases donated to the Town at no cost to the Town. (5) Reconsider the Town's policy on free parking. (6) Report back to Council at Council's next regularly scheduled meeting on the Committee's findings. The motion was seconded by Mr. Trocino. DISCUSSION Mr. Webb stated that 30 days was not enough time for staff to research these requests. He also expressed concern with the location of the display cases in the garage. Mr. Trocino stated that these are good things to discuss. Ms. Umstattd amended her motion to allow sixty days. Mr. Atwell stated that there are some historic district signs already in place at the four entrances into Mr. Brown stated that staff was going to place the racks at the pedestrian exits and entrances to the parking facility on the inside wall. 171 Minutes of July 14, 1992 Ms. Umstattd stated that staff's idea was excellent but a lot of Wurists do not necessarily use the parking facility. Whereas, walking around town you will see anything that is outside the parking garage at either entrance/exist area. Mr. Webb asked, if these racks are hung on the outside, would this matter have to go before the BAR? Mr. Clem stated that staff should go ahead and hang the two racks and discuss this issue further on Saturday. Mr. Trocino expressed disappointment with the Wwn's response from VDOT with regard to the signs. He asked that Mr. Brown pursue this matter further. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None MOTION Ms. Umstattd made the following motion/ I move that the Council direct the Administration and Public Works Committee to consider the advisability of consolidating all Town economic and tourist development policies under the authority of one full-time Town employee or independent contractor and that the Committee be directed to consider the advisability of advertising a request for proposals from would-be applicants for such a position and to report back to the full Council on their findings and recommendations at Council's regularly scheduled full session. The motion was seconded by Mr. Trocino. Ms. Umstattd amended her motion to allow sixty days. Mr. Webb stated that the town does not have the funds to support any additional personnel. Mr. Clem stated that the motion asks for a review and report back to the Council of the findings. This matter was referred to the Administration and Public Works Committee for further consideration. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem. Nay: None 10. if) MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted. 92-128 - RESOLUTION - AUTHORIZING THE TOWN OF LEESBURG'S PURCHASE OF 15.1 ACRES OF LAND FROM REYNOLDS METALS DEVELOPMENT COMPANY FOR LEESB~G MUNICIPAL AIRPORT WHEREAS, on February 12, 1991, Town Council authorized the town manager to seek state and federal funding for the acquisition of property from Reynolds Metals Development Company; and WHEREAS, 15.1 acres of property, the m~jority of which is located in the Runway Protection Zone, must be purchased from Reynolds Metals Development Company for the implementation of the planned Instrument Landing System in accordance with the adopted airport master plan; and WHEREAS, the Town of Leesburg, having finally completed the removal of airport obstructions in early 1992, received state and federal funding allocations for the purchase of this property; and WHEREAS, town staff has negotiated the purchase of this property with representatives of Reynolds Metals Development Company and the Federal Aviation Administration; and 172 Minutes of July 14, 1992 WHEREAS, conclude prior to the its five percent (5%) the Federal Aviation Administration requires that the purchase of this property end of September, 1992, with a commitment from the Town of Leesburg to provide funding share no later than July 15, 1992; and WHEREAS, Reynolds Metals Development Company desires to purchase upon sale of this property easements for stormwater management and utilities from the town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to execute an agreement for the purchase of 15.1 acres of land from Reynolds Metals Development Company for Leesburg Municipal Airport for a purchase price of $2,800,000. Settlement of the same is subject to the receipt of 90% of the purchase price from the Federal Aviation Administration, 5% from the Virginia Department of Aviation, and 5% from the Town of Leesburg. Settlement shall take place by August 31, 1992 by General Warranty Deed, granting fee simple title, free and clear of any and all liens, insurable by a title insurance company of the town's choice. Such agreement for purchase shall be in a form approved by the Town Attorney. SECTION II. Such settlement is contingent upon simultaneous settlement with Reynolds Metals Development Company for the purchase from the town of an easement on such 15.1 acre parcel for a storm water management pond, all storm water easements deemed necessary for the development of the remaining Reynolds land at Airport Commerce Park and utility easements for development of the property as set forth in Resolution Number 92-129. DISCUSSION Ms. Umstattd stated that her review of the airport and the lack of income from it makes her question whether the town will not just end up in a greater deficit position by expanding it. In the last year the airport ran a deficit of over $7,000.00. She does not see the profit to the town in this proposal. To the concerns that the town may face legal problems if the town did not go through with this agreement. "The recent Supreme Court decisions would protect the town." Ms. Umstattd stated that she remains opposed to the resolution. Mr. Brown stated that in the Airport Master Plan, adopted by previous Councils, there is information regarding the economic development advantages of having an airport with an instrument landing system (ILS). He suggested that this Council analyze the affect of an ILS on the airport and determine if the master plan is not accurate in its estimate of the economic development revenues. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem. Nay: Councilmember Umstattd MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 92-129 - RESOLUTION - AUTHORIZING AN AGREEMENT BETWEEN THE TOWN OF LEESBURG AND REYNOLDS METALS DEVELOPMENT COMPANY TO BE EXECUTED SIMULTANEOUSLY WITH THE PURCHASE OF LAND FROM THE SAME FOR LEESBURG MUNICIPAL AIRPORT WHEREAS, the town manager has been authorized to execute an agreement for the purchase of 15.1 acres of land from Reynolds Metals Development Company for Leesburg Municipal Airport; and WHEREAS, such settlement is contingent upon simultaneous settlement with Reynolds Metals Development Company for the purchase from the town of an easement for a stormwater management pond, all storm water easements deemed necessary for the development of the remaining Reynolds land at Airport Commerce Park and utility easements for development of the property: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to execute an agreement for the conveyance of an easement to Reynolds Metals Development Company upon the 15.1 acre parcel to be purchased from Reynolds Metals Development Company by Resolution No. 92-128 for a stormwater management pond, all stormwater easements deemed necessary for the development of the remaining Reynolds land at Airport Commerce Park and utility easements for development of the property for the consideration of 173 Minutes of July 14, 1092 $140,000.00 to be paid by Reynolds to the Town. This agreement shall be in a form approved by the Town Attorney. Easements granted above are more particularly described as an easement for a stormwator management pond and all stormwater easements deemed necessary for the development of the remaining Reynolds land at Airport Commerce Park. SECTION H. The Town shall also grant an easement to Reynolds for the enlargement of said stormwater management pond if needed in accordance with engineering and planning standards of the town, approvals of the town and the Federal Aviation Administration. Reynolds shall also be granted the right of ingress and egress to construct and maintain any and all stormwater facilities and ponds on the conveyed land referenced above. In addition, the Town of Leesburg shall grant to Reynolds easements for telephone, electric, cable, sanitary sewer, water and other utility easements as may be necessary for the development of the remaining port/on of Airport Commerce Park. The Town of Leesburg shall also grant to Reynolds temporary construct/on easements, as may be needed on the 15.1 acre parcel for the development of Reynolds' remaining land in Airport Commerce Park. SECTION HI. Settlement of this agreement shall be contingent upon and shall coincide with the full settlement on the conveyance of the 15.1 acres to the Town by Reynolds for the sum of $2.8 million but no later than August 31, 1992. Said settlements shall occur simultaneously. DISCUSSION Ms. Umstattd restated her previous objections. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem. Nay: Councilmember Umstattd MOTION On motion of Mr. Webb, seconded by Mr. Blake, the meeting was adjourned at 10:00 p.m. Clerk of Council James E. Clem, Mayor Town of Leesburg