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HomeMy Public PortalAbout1992_07_28 (2)211 0 Z TOWN COUNCIL MEETING MINUTF~ OF JULY 28, 1992 'A regular meeting of the Leesburg Town Council was held on July 28, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. INVOCATION was given by Councilmember Trocino. SALUTE TO THE FLAG was led by Mr. Jack Manton, with Pence Friedel. ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake Joseph 1~ Trocino Kristen C. Umstattd William F. Webb Mayor JAmes E. Clem Staff members present Town Manager Steven C. Brown Assistant Town Manager Peter Stephenson Director of Engineering and Public Works Thomas A. Mason Zoning Administrator Scott Johnson Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Mr. Blake, the regular meeting minutes of June 9, 1992, July 14, 1992 and the special meeting minutes of July 1, 1992 (9:00 a.m. and 6:30 p.m.) were approved as submitted. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Mr. Dave Daugherty, representing the Loudoun County Transportation Association, addressed the Council formally withdrawing his request for funds to purchase additional buses. Mr. Kevin Wright. representing the Talley Ho Theater, addressed the Council in support of funding for Leesburg Renaissance and the proposed advertising program. He thank~ed the Council for showing their support to the local businesses. Ms. Janet Perry, Executive Director of Positive Youth Works and Co-Chair of the Loudoun House Coalition, addressed the Council with regard 'w Camp Bright Star. She thanked the Council for the contribution of $2500.00, to this cemp. She invited the Council and the public to visit the coalition office at Loudoun House. She reported on the National Nite Out program sponsored by the Crime Prevention Counsel. This walk- a-thon will be held on August 4, and will begin at the Carrvale Park and end at the Plaza Shopping Center. Mr. Trocino gave recognition to Ms. Perry and the work she is doing. 212 Minutes of July 28, 1992 Mr. Joe Kelly, representing the Parking Committee, addressed the Council. Mr. Kelly's statement is attached and made a part of the offieiA! record. Mayor Clem stated that stickers need to be placed on the meters to reflect the information if it is adopted. More importantly that the meters reflect that free parking is available after 5 p.m., and on weekends. Mr. Neil Stienber~. representing Photoworks, addressed the Council. He asked that the Council vote to make parking a non-issue. Ms. Doris Johnson, representing Photoworks, addressed the Council presenting a chronology of the parking issue. She asked that the Council vote in favor of free parking and to develop a professional economic development plan. Ms. KD Kidder, with Photoworks, addressed the Council reading a letter dated July 28, 1992, written by Ms. Linda Turner, Manager of the Loudoun Credit Union. Ms. Turner's letter is attached and made a part of the official record. Mr. Tom Galloway, representing Leesburg Renaissance, stated that he has recently met with an individual who has an organization that works with a lot of m~jor companies throughout the United States with total quality management. Mr. Galloway stated that this individual has agreed to facilitate a meeting. Mr. Galloway invited the Mayor and Town Council to attend this meeting. A date has not yet been set. Ms. Umstattd asked Mr. Galloway if there would be any cost to the Town or to Leesburg Renaissance for this facilitator? Mr. Galloway stated no. Ms. Umstattd asked if there is any cost involved with the location of this meeting?. Mr. Galloway stated that he hoped to have this meeting conducted in the lower level of the Municipal Government Center. Ms. Umstattd asked that every business and organization who is interested, be invited. Mr. Webb stated that there has been some misunderstanding with regard to the funding of Leesburg Renaissance. He stated that to the best of his knowledge this Council has never agreed to give Renaissance monthly payments unless they were matching funds. He stated that he spent several hours at Market Station, today, a found that several merchants were not open for business until late in the morning. The merchants that he did speak with stated that they have not seen any improvement in their sales since free parking was established. Mr. Clem stated that this issue was discussed at the special meeting on Saturday and that it will be resolved tonight if not by tonight then by the next committee meeting. PUBLIC HEARING to consider the Airport Safety Overlay District Mr. Johnson addressed the Council presenting a brief staff report. Ms. Umstattd~' asked how this would impact the hospital should it locate near the airport? Mr. Johnson stated that more then likely they would be able to. At one time there was some discussion about the hospital locating in the Stratford area which Stratford is completely laid out to comply with this. There was no public comment. Mayor Clem dosed the public hearing. MOTION On motion of Mr. Webb, seconded by Mr. Trocino, this matter was referred to the August 4, 1992, Planning and Zoning Committee agenda for further consideration. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None COUNCILMEMBER COMMENTS Mr. Webb made no comment. 213 0 Z Minutes of July 28, 1992 Mr. Blake made no*comment Ms, Umsta .t~... tb-nked Mr. Brown and Mrs. Messinger for making sure that Council and Committee agendas are being delivered to the Rust Library. She encouraged citizens to visit the library to review the agendas. She reported on a recent meeting held at the NVPDC where Loudoun County legislation was discussed with regard to funding of a park and ride facility located two miles north of the Dulles Access Road on Route 28. Unfortunately, at the request of a republican supervisor of Falrfax County the issue was sent back to committee. The Fairfax supervisor's concern was that allocations for a LoudoUn Park and Ride might be taken out of the Fairfax allocations. Hopefully we will get the park and ride in Loudoun County. Mr. Trodno stated that he and other Council colleagues will be attending a conference for newly elected officials held by the VML in Charlottesville, Virginia. He noted that Public Information Officer Susan Farmer will be a key speaker at this conference. He reported on the large attendance at the Bluemont Concert Series thl, season..He noted that 60 percent of the crowd is from outside of Loudoun County and the Town of Leesburg. Mr. Atwell made no comment. Ms. Ban~e congratulated all the members of the Leadership Loudoun Program who recently completed their first year. She noted that Mr. Trocino and Ms. Janet Perry are among those individuals. She stated that Mr. Galloway's proposal with regard to the seminar on total quality management could be a worthwhile start that may be very positive and good. MAYOR'S REPORT Mayor Clem stated that he attended the opening of Canterbury Pine Antiques. He welcomed them to the community. He reported on the miraculous restoration project at the Thomas Balch Library. He reported that the Town of Leesburg will be selling hunting and fishing licenses at the town office, and asked that Mr. Brown consider having a staff member present in the town office on Saturdays during the peak season. He asked that staff look into the traffic signal at the Market/King Street intersection, noting the situation with pedestrian traffic. MANAGER'S REPORT Mr. Brown stated that this traffic light has been the subject of discussion. Council authorized the installation-of a delayed green light for leftbound traffic on King Street. Staff is examining the cost for a %valk-don't-walk" signal. It was previously determined that this was too costly. He stated that staff will return to Council with recommendations and asked for direction from the Council. The Council decided to give the light more time to allow pedestrians to become accustom to the trsffic signal. He reported on the installation of the street light on Rock Spring Drive. He and Mr. York attended the bond closing on the Wastewater treatment plant in Richmond. He also welcomed Canterbury Antiques to Leesburg. LEGISLATION 10. Mr. Brown summarized the proposed legislation. MOTION 214 Minutes of July 28, 1992 On motion of Ms. thnge, seconded by Mr. Blake, the following ordinance was proposed and unanimously adopted. 92-0-28 - ORDINANCE - AMENDING SECTION 2-84 OF THE TOWN CODE REGARDING INVESTMENT OF IDLE FUNDS WHEREAS, Section 2.1-328 of the 1950 Code of Virginia, as amended, authorizes the legal investments for public funds which provides for greater flexibility in the investment of idle town funds by the Director of Finance; and WHEREAS, greater flexibility will result in increased investment yields and revenues for the THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia that Town Code Section 2-84 is amended as follows: Sec. 2.84. Investment of idle funds. (a) The director, whenever there are monies in the treasury, includinz bond oroceeds, which will not be required to be used, may invest such funds in ....... ~: .... ~--;-- ~-~ ..... -' .... ~ accordance with Section 2.1-328 of the 1950 Code of Virginia~ as amended~ including ail future amendments to this section. Such investments shall not be made at a price in excess of the current market vaiue of such ~'~-n .... ~-':--~--~ ' ........... e ..... ~nvestments. Such bonl; cr ^~Acr chEgcScn; investments may be sold by the director for cash and for a sum not less than their purchase price. The director shall maintain a record of such investment transactions. The director shall make such investments so as to provide the maximum yield on such idle funds. Investment securities may be placed in the custody of any member of the Federal Reserve Banking System upon the issuance by such member of its custodian or other bailment receipt to the director. Such securities, if not so kept, shall be in the custody of the director. Interest collected or accrued on any monies so invested shall be credited to the fund from which the principal was taken. This ordinance shall be in effect upon its passage. VOTE Aye: Councilmembers Atwell, Bange', Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None lO. (b) MOTION Mr. Webb made the following motion to amend the proposed ordinance: Reduce on street meter parking to $.25 an hour. Two hours free parking in the parking facility. Permit parking will remain as is. Parking tickets shall be printed in a positive fashion and stickers will be placed on meters indicating free parking after 5 p.m., and on weekends. The motion was seconded by Mr. Blake. MOTION Ms. Umstattd made a motion to amend Mr. Webb's motion to allow three hours of free parking in the parking facility. Mr. Webb agreed. DISCUSSION Mr. Brown stated that the town will need to continue the employment of the parking attendants. Mr. Trocino stated that the function of the parking meters is to encourage turnover. This amendment 215 Minutes of July 28, 1992 discourages long term use of the street parking. The function of the garage is to not have basic employee parking unless employees pay for it. These spaces are used to attract consumers. The enticement of free parking will help the recovery bf down~. He agreed with Ms. Umstattd's suggestion of three hours free parking in the parking garage. Parking will never be the solution for the economic belays of downtown it is only a small part of it. Mr. Blake stated that by taking action on this matter this evening will allow the Council to move forward on other, more important issues. The motion was seconded by Mr. Blake. DISCUSSION Mr. Atwell stated that the Council is totally ignoring Mr. Kelly and the parking committee's recommendations. Parking is a convenience. The garage is not convenient. Parking on the street is convenient. If the Council wants to provide help to the businesses then we should take the meters out first and deal with the parking garage later. He stated that he would not vote for the amended ordinance. Ms. Ban~e stated that she will support the amendment to the ordinance. She stated that if the meters are taken out, turnover will be difficult. The garage is a better place for long term parking. She stated that if this is adOpted, she would like for it to remain in place until the end of this fiscal year in order to give it a chance. Mr. Clem stated that the most convenient parking spaces in the garage need to be left for the shoppers and not for downtown employees. He asked that Mr. Brown provide the Council at its next Administration and Public Works Committee with cost estimates for the parking attendants and the net loss if any. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: Councilmember Atwell MOTION On motion of Ms. Umstattd, seconded by Mr. Webb the following ordinance was proposed and adopted. 92-0-29 ORDINANCE - AMENDING SECTION 10-187 OF THE TOWN CODE TO PROVIDE THREE HOUR~ OF FREE PARKING IN THE DOWNTOWN PARKING FACILITY WHEREAS, Ordinance No. 91-0-19, adopted June 11, 1991, established procedures and fees for operating the town's downtown parking facility; and WHEREAS, Resolution No. 92-77, amended the fiscal year 1993 budget to allocate $60,000 of parking fee revenue to be used for a promotional campaign for downtown; and WHEREAS, after significant debate regarding the Town Council's role in encouraging the economic vitslity of the downtown business community; and WHEREAS, downtown businesses have petitioned the Town Council for free parking in the parking facility; and WHEREAS, the reduction of revenue resulting from free parking in the parking facility will eliminate the need and funding for the parking lot attendant positions; and WHEREAS, the reduced revenue eliminates funding for the proposed promotional campaign; and WHEREAS, it is the Town Council's desire to fund the promotional campaign in the amount of $20,000: THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: 216 Minutez of July 28, 1992 SECTION I. -Section 10-187 of the Town Code is amended to read as follows: Section 10-187. Parking fees for spaces rented on other than a monthly basi~ On Monday through Friday, the fee shall be fifty cents ($0.50) for each hour or part thereof, provided, however, that the maximum charge for continuous parking for any period of time up to twenty- four (24) hours shall not exceed four dollars ($4.00). The first three hours of parking shall bo free of char~eo SECTION II. Parking meters shall be reduced to $.25 for each hour of parking Monday - Friday from 9:00 a.m. to 5:00 p.m. SECTION Ill. This ordinance is effective August 1, 1992. VOTE Aye: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: Councilmember Atwell 10. (c), (d). (e), (D, (g). (h), (i). (i) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following items were proposed as consent and unanimously adopted. 92-133 - RESOLUTION - APPOINTING BECKHAM DICKERSON AND HEIDI MALACARNE TO THE TOWN PLAN AMENDMENT CITIZENS ADVISORY COMMITTEE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Beckham Dickerson and Heidi Malacarne are appointed to the Town Plan Amendment Citizens Advisory Committee until the committee's expiration. 92-134 - RESOLUTION - AWARDING CONTRACTS FOR CHEMICAL SUPPLIES FOR FY 93 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager shall enter into contracts for the purchase of chemical supplies with the suppliers and at the prices shown below: Chemical Chlorine Sodium Hypochlorite Calcium Hypochlorite Hydrofluosilicic Acid Hydrated Lime Potassium Permanganate Ferric Chloride Carbon Sulfur Dioxide Vendor Delta Chem. Co. Prillaman Chem. Van Waters & Rogers Prillaman Chem. Prillaman Chem. Textile Chem. Co. PVS Technologies Van Waters & Rogers Jones Chem. Co. Price $147.91/ton $ 0.62/gal. $ 92.00/cwt $ .0898fib. $116.00/ton $132.42/cwt $182.40/ton $ 39.49/cwt $ 4o.oo/cwt 92-135 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTAl,LED AT LEESBURG BAPTIST CHURCH WHE~, the town's Director of Engineering and Public Works has reviewed the public 217 OJ 0 Z Minutes of July 28, 1992 improvements immflled to date for the Leesburg Baptist Church Watermain Extension, Phase I and certified that the value of work performed exceeds $28,880.00; and WHEREAS, a letter of credit from the Bank of Loudoun in the amount of $36,100.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements for the Leesburg Baptist Church Watermain Extension, Phase I. THEREFORE, 1LESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the Bank of Loudoun in the amount of $36,100.00 is reduced to $7,220.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Leesburg Baptist Church Watermain Extension, Phase I. 92-136 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT PEER MANOR SECTION III WHEREAS, the Peer III General Partnership, the developer of Peer Manor Section HI, has completed the public improvement-~ except for a small number of items which would be disturbed by the town's Peer Manor Offsite Storm Drainage Project, in accordance with approved plans and town ~_~ndards, and these have been inspected and approved. WHEREAS, the value of the improvements not completed is $4.766.5~, and WHEREAS, the developer has paid $4,766.50 to the town to include the uncompleted items as part of the Peer Manor Offsite Storm Drainage Project, which is currently under contract for construction. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from Farmers and Merchants National BAnk in the amount of $34,449.00 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $8,612.00 is approved, and shall be in effect for a period of one year from this date. SECTION H. The payment of $4,766.50 to the town for the uncompleted items is accepted and shall be applied to the Peer Manor Storm Drainage Project for completion of the work. SECTION HI. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 92-137 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR EXETER SECTION 6 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements with Pulte Home Corporation for the improvements shown on the plans approved by the Director of Engineering and Public Works for Exeter Section 6. SECTION H. The extension of municipal water and sewer for Exeter Section 6 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION Ill. The irrevocable bank letter of credit in a form approved by the town attorney from the Nations B,mk in the amount of $838,128.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Exeter Section 6. 92-138 - RESOLUTION - AUTHORIZING AN AGRERMENT AND APPROVING A PERFORMANCE 218 Minutes of July 28, 1992 GtIARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR EXETEI~ SECTION 60FFSITE IM~PR0VEMENT$ 1LESOL~ by the Council of the Town of Leesbur~ in Virginia as follows: SECTION I.0 The manager shall execute the contract for public improvements for the improvements shown on the construction drawings for Exeter Section 4 approved by the Director of Engineering and Public Works for Exeter Section 60ffsite Improvements. SECTION II. The extension of municipal water and sewer for Exeter Section 60ffsite Improvements is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION 111. The irrevocable bank letter of credit in a form approved by the town attorney from the Nations Bank in the amount of $600,296.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Exeter Section 60ffsite Improvements. 92-139 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL TO AMEND SECTION 3H-4(2) AND 3H-5 OF THE LEESBURG zONING ORDINANCE TO ESTABLISH YARD SETBACK REQUIREMENTS IN THE R-16 ZONING DISTRICT, 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: A notice of a public hearing with the Town Council to consider amending Section 3H-4(2) and 3H-5 of the Leesburg Zoning Ordinance to establish yard setback requirements for single-f~mily attached dwellings in the R-16 zoning district shall be published in the Loudoun Times-Mirror on August 26, 1992 and September 2, 1992 for the public hearing on September 8, 1992 pursuant to Section 15.1-431 of the 1950 Cede of Virginia, as amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held in the Council Chambers, 25 West Market Street N.W., Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to consider amendment to the Leesburg Zoning Ordinance. 92-140 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION #SE-92-06 SHENANDOAH SQUARE EXXON SHOP AND CAR WASH RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing-to consider special exception application #SE-92-06 by Aronov Realty Company, Inc., to locate an Exxon shop and car wash within the Shenandoah Square Shopping Center 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 Street, Leesburg, Virginia. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None lO. (k) MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 92-141 - RESOLUTION - CREATING AND APPOINTING AN AD HOC COMMITTEE TO RETAIN THE LOUDOUN COUNTY GOVERNMENT IN LEESBURG WHERF, AS, downtown Leesburg has been the county seat and center for county administration for over 230 years; and WHEREAS, since Resolution No. 89-144, was adopted, the Town Council has maintained the preservation of major elements of county administration in or near Leesburg's historic downtown as the 219 0 Minutes of July 28, 1992 highest priority .for the Town Council; and WHEREAS, the vitality and preservation of Leesburg's downtown is dependent upon the location of county government in downtown Leesburg, and WHEREAS~ the Town Council desires to accept the Loudoun County Board of Supervisors invitation offered by the Policy Legislative Committee on July 6, 1992, to participate in the selection process for consolidation of the county government offices: THEREFOEE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A committee is hereby created to work to ensure that consolidated county government offices will be located in or near Leesburg~s Historic District~ SECTION H. The committee shall consist of the following members: Joe Padulli, Joe Trocino, Mayor Clem, Randy Minchew, Frank Ratio, John Andrews, Steve Brown. VOTE Aye: Nay: MOTION On motion of Ms. Bange, unanimously adopted. 92-142 Councilmemhers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None seconded by Ms. Umstattd, the following resolution was proposed and - RESOLUTION - MAKING APPOINTMENTS TO THE ENVIRONMENTAL ADVISORY COMMISSION WHE~, the terms of office of all Environmental Advisory Commission (EAC) members expired on June 30, 1992; and WHEREAS, John W. Tolbert~ Jr., Elmo Blythe, Reavis Sproull and Mary Anne Newman have expressed a desire to be reappointed for another term on the EAC; and WHEREAS, Fred Hetzel, Sr., Rose Garrett, Franklin Keplinger, Patti Psaris and Peter Gillwald declined reappointment to the EAC: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. John W. Tolbert, Jr., Elmo Blythe, Reavis Sproull and Mary Anne Newman are reappointed to the EAC for two year terms expiring on June 30, 1994. SECTION H. Thomas Hall, Steve Johnson, Mike Banzhaf, Marc Chinoy, Robert Lake, Tom Merricks are appointed to the EAC for two year terms expiring on June 30, 1994. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 10. {m) was referred to the August 4, 1992, Administration and Public Works Committee. Umstattd, the following resolution was proposed and 10. (n) MOTION On motion of Mr. Webb, seconded by Ms. unanimously adopted. 92-143 RESOLUTION - REQUESTING SUPPORT FROM THE COMMONWEALTH TRANSPORTATION BOARD AND STATE LEGISLATOP~ TO PETITION ~ VIRGINIA DEPARTMENT OF TRANSPORTATION FOR HISTORIC DISTRICT 220 Minutes of July 28, 1992 CULTURAL INTEREST IDENTIFICATION SIGNAGE BOTH INSIDE AND OUTSIDE OF THE CORPORATE LIMITS WHEREAS, Leesburg's National Register Historic District is a signifi_~nt community resource and regional cultural attraction; and WHEREAS, appropriate signage is needed both inside and outside of the town's corporate limits, along the four primary entrances to Leesburg on Routes 7 and 15, to inform the unfamiliar motoring public of Leesburg's historic attractions; and WHEREAS, the town des/res to work with the Virginia Department of Transportation (VDOT) to implement every possible means of encouraging the public to visit historic Leesburg; and WHEREAS, per adopted Resolution No. 92-70 (attached hereto), Wwn staff requested authorization from VDOT to install appropriate "Historic District" signage; and WHEREAS, the response received from VDOT, dated June 20, 1992 (additionally attached hereto), suggested that the installation of one generic "Food, Phone, Gas, Lodging, Hospital, Keep Right" sign on Route 15 south should help generate business into the town; and WHEREAS, this staff response and recommendation from ]/DOT does not address the town's request for historic district signage for Leesburg and is thus unsatisfactory to the Town Council; and WHEREAS, the Town Council feels strongly about the need for apprOpriate cultural interest identification/directional signage for Leesburg's National Register Historic District~ THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor is hereby authorized to request the support of the Chairman of the Commonwealth Transportation Board, and Leesburg's state legislators to petition the Virginia Department of Transportation for authorization to install appropriate cultural interest identification signage for the Leesburg National Register Historic District, both inside and outside of the town's corporate limits along the four primary entrances to Leesburg on Routes 7 and 15. The support of the Loudoun County Board of Supervisors is also requested. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Mr. Blake, seconded by Ms. Bange, the following resolution was proposed and adopted. 92-144 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING WATER AND SEWER EXTENSION PERMITS FOR EXETER SECTION 4 WHE~, the construction drawings and final plat for Exeter Section 4 have been conditionally approved; and WHEREAS, the developer, Pulte Home Corporation, wishes to proceed with installation of the public improvements without providing a performance guarantee; and WHEREAS, the final plat for Exeter Section 4 cannot be recorded until all the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided by the developer. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements with Pulte Home Corporation for the improvements shown on the plans approved by the Director of Engineering and Public Works for Exeter Section 4. 221 0 Z Minute~ of July SECTION ~I. The extension of municipal water and sewer for Exeter Section 4 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. Ms. Umstattd expressed concern with permitting a developer to proceed without a performance VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Nay: Councflmember Umstattd 10. MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, this item was referred to the August 4, 1992, Administration and Public Works Committee for further discussion. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None NEW BUSINESS Mr. Trocin0 stated that he has had a consulting relationship with the owners of the Battlefield Shopping Center, therefore, he abstained from any discussion or vote on this issue. Mr. Brown summarized the proposed legislation. Mr. Jack Manton, representing Battlefield Shopping Center, addressed the Council further describing the request~ MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopt&l. 92-145 - RESOLUTION - AMENDING RESOLUTION 91-259 (COMPREHENSIVE SIGN PACKAGE CSP-91-01 BATTLEFIELD SHOPPING CENTER) TO PERMIT THE INST.~I.I.&TION OF THE CORPOI:{ATE SIGN COLORS FOR PAYLESS SHOE STORE WHEREAS, on November 26, 1991 the Council approved a Comprehensive Sign Package for the Battlefield Shopping Center as recommended by the Board of Architectural Review on October 21, 1991; and WHE~, the appli~nt, Fort Evans-Beverly Road Associate~ has requested that Payless Shoe Store be permitted to install their corporate colors of yellow and orange to identify the lease space on the front of the building, and WHEREAS, the approved Comprehensive Sign Plan only provided for certain lease spaces to vary from the red signage recommended for the entire shopping center, and WHEREAS, the original request to include this sign was not approved, but the applicant was provided the opportunity to submit additional information for further consideration by Council; and WHEREAS, after further consideration, approval of this modification will not result in a substantial departure from the approved signage plan and the sign will not be visible from the adjacent Route 15 Bypass: THF. REFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Authorization for amending Resolution 91-259 is hereby approved based on the 222 Minutes of July 28, 1992 rationale that the ~equest will not result in a substantial departure from the approved sign plan and the addition of the corporate colors for the Payless Shoe Store will only be visible internal to the Battlefield Shopping Center. SECTION II. Resolution 91-259, Section I, item #3 is hereby modified to read as follows: o With the exception of the same blue color for Hechinger's and Ross Dress For Less, and the corporate colors of yellow and orange for Payless Shoe Store, all lettering on the building shall be red. SECTION Ill. This amendment to Resolution 91-259 is limited to the above SECTION II, and does not modify any other requirements of Resolution 91-259. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino 11. lb) MOTION On motion of Mr. Webb,.seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 92-146 RESOLUTION - AUTHORIZING A SUBSTITUTE AGREEMENT AND APPROVING PERFORMANCE GUARANTEE FOR MANORS OF LEESBURG SECTION 1 AND REI.EASING A LETTER OF CREDIT AND CANCEI.I JNG A CONTRACT WITH THE PORETSKY BUILDING GROUP WHEREAS, Council Resolution #90-99 approved a letter of credit from Signet bank of Maryland in the amount of $1,077,700.00 as security to guarantee installation of public improvements by Poretsky Building Group, Inc., as shown on plans approved by the Director of Engineering and Public Works for Manors of Leesburg Section 1; and WHEREAS, Council Resolution #91-130 approved a reduction of the letter of credit for Manors of Leesburg Section 1 to $215,540.00; and WHEREAS, R/vermeade Homes, Inc., the new owner of Manors of Leesburg Section 1, has presented a new contract and a new performance guarantee to replace the documents previously approved for Manors of Leesburg Section 1. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION Io The Manager shall execute the contract for public improvements with Rivermeade Homes, Inc., for the improvements shown on .plans approved by the Director of Engineering and Public Works for Manors of Leesburg Section 1. SECTION II. The corporate surety bond from Seaboard Surety Company in the amount of $215,540.00, provided by R/vermeade Homes, Inc., is approved to replace the letter of credit from Signet BAnk of Maryland in the amount of $215,540.00. SECTION 11I. The letter of credit from Signet Bank of Maryland in the amount of $215,540.00 is hereby released. SECTION IV. The contract for installation of public improvements for Manors of Leesburg Section I dated May 23, 1990 with the Poretsky Building Group, Inc., is hereby cancelled. VOTE Aye: Counc/lmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 223 Minutes of July 28, 1992 11. (c) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and un~nimonsly adopted. 92-147 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PEHaMTrS FOR MANORS OF LEESBURG SECTION 2 1LESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements with Rivermeade Homes, Inc., for the improvements shown on the plans approved by the Director of Engineering and Public Works for Manors of Leesburg Section 2. SECTION H. The extension of municipal water and sewer for Manors of Leesburg Section 2 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION Ill. The corporate surety bond in a form approved by the town attorney from Seaboard Surety Company in the amount of $582,640.74 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Manors of Leesburg Section 2. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Ms. Banee announced t.h~_t there would be a Personnel Committee meeting on August 5, 1992, 9:00 a.m., at Mr. Trocino's home, 213 Browns Meadow Court MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the meeting was adjourned at 10:10 p.m. VOTE Aye: Couneiimembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay'. None James E. Clem, Mayor Town of Leesburg