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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.
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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.
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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
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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
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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:
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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
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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 $838,128.00 is approved as security to guarantee installation of the
public improvements shown on plans approved by the Director of Engineering and Public Works for
Exeter Section 6.
92-138 - RESOLUTION - AUTHORIZING AN AGRERMENT AND APPROVING A PERFORMANCE
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GtIARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR EXETEI~
SECTION 60FFSITE IM~PR0VEMENT$
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
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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
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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.
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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
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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