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TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 8, 1992
A regular meeting of the Leesburg Town Council was held on September 8, 1992, at 8:00 p.m.,
in the Council Chambers, 25 West Market Street, Leesburg, Virginia, Council having been in Executive
Session prior thereto. The meeting was called to order by the Mayor.
INVOCATION was given by Councilmember Georgia W. Bange.
SALUTE TO THE FLAG was led by Mr. Carl Gnam representing the 1st Virginia Regiment.
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristen C. Umst~ttd
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
Planner Marilee Seigfried
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Messinger
APPROVAL OF MINUTES
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the regular meeting minutes of June 23, 1992, July
28, 1992 and August 11, 1992, were approved as submitted.
VOTE
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem.
None
· Mr. Robert Sanabria, representing the Loudoun Arts Council, addressed the Council describing
upcoming events planned by the Loudoun Arts Council. Mr. Sanabria requested a donation of $150.00,
from the Town and various other in-kind donations.
Mr. Trocino expressed support of the Loudoun Arts Council.
This matter was referred to the September 15, 1992, Administration and Public Works Committee for
further consideration.
® Mr. Bruce Roberts addressed the Council with regard to Leesburg Renaissance, Inc., (LRI). He
reviewed the LRI report Planning for Progress and Beyond, and invited any questions from the Council.
Mr. Roberts asked that the Council support the LRI program and to adopt a resolution to support
funding LRI through this year.
Mr. Roberts also expressed strong support of the Leesburg Airport. He stated that it is imperative that
the Town Council send a clear siguai of their support to those who have made tremendous financial
commitments to the airport.
Ms. Umstattd asked Mr. Roberts if LRI was asking for up front funding without any matching funding
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Minutes of September 8, 1992
from LRI. Mr. Roberts stated absolutely not.
Ms. Umstattd asked Mr. Roberts if LRI would agree to a full audit? Mr. Roberts stated absolutely if the
Town pays for it.
Ms. Umstattd asked Mr. Roberts could the cost of the audit be paid for out of the Town's contribution
to LRI? Mr. Roberts answered no.
This matter was referred to a special meeting on September 15, 1992, for further consideration.
· Ms. Jenny Cummings, a resident of the Fieldstone Apartments, addressed the Council suggesting
that the Town of Leesburg help one family rebuild their home and life as a result of Hurricane Andrew.
Ms. Cummings offered her services to the Council.
This matter was referred to the September 15, 1992, Administration and Public Works Committee for
further consideration.
· Mr. Jeff Lambert and Mr. Carl Gnam, representing the 1st Virginia Regiment, addressed the
Council requesting support of the upcoming Battle of Yorktown Revolutionary War Reenactment Parade
on October 17, 1992.
· Mr. Dave Culbert, a resident of 808 Halyard Court, Leesburg, addressed the Council with regard
to the language contained in the town's Zoning Ordinance and Subdivision and Land Development
Regulations pertaining to TEC easements located in rear yards. He asked that the Council consider
eliminating these provisions from the town's ordinances and relying upon town staff to work with
applicants to locate these easements in appropriate instances.
Mr. Culbert expressed his support of the Leesburg Airport.
This matter was referred to the September 15, 1992, Planning and Zoning Committee for further
consideration.
· Mr. Stanley Caulkins, Chairman of the town's Airport Commission, addressed the Council. He
reviewed the Airport Commission's resolution which strongly endorses the Commission's
recommendations about the airport's value to the town.
Mr. Caulkins stated that it is time that the town staff gets the recognition for the work they do. The
town has one of the finest staffs, referring to Mr. Brown and Mr. Stephenson.
Ms. Umstattd referred to the Frederick Maryland Airport noting that they have faced similar situations
that the town is facing. She asked if the Airport Commission has done an in depth study of the
advantages or disadvantages of having an airport manager who is not also the fixed-base operator (FBO)?
Mr. Caulkins stated that no such study has been prepared. He stated that Frederick was currently in
the process of hiring a new airport manager. The Frederick airport comes under the direction of a paid
staff member for the Town of Frederick.
Ms. Umstattd stated that she has talked with some of the pilots at the Leesburg Airport who have
expressed a fair amount of unhappiness with the current FBO. Another topic that came up is the fact
that the Town may have lost m~jor business to the Dulles airport because of problems in management
at the Leesburg Airport. One company that moved took about three quarters of a million dollars worth
of business with them. She asked if the Airport Commission hes had the opportunity to investigate by
talking to pilots and companies that have left Leesburg as to whether we are doing the best possible job
to bring in revenue? The Commission may want an additional 90 days to fully look into all sides of this
story.
Mr. Caulkins stated that the Airport Commission has never been asked to or charged with the financial
operation at the field. The Commission has never been in on any of the contracts or lease agreements
with the people who come and go at the airport.
Ms. Umstattd asked if the Airport Commission could conduct interviews with past and present pilots and
companies?
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Minutes of September 8, 1992
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Z
Ms. Caulkins stated absolutely, the Airport Commission serves at the pleasure of the Council.
Mr. Clem stated that he attended the September 3, Airport Commission meeting and that the Airport
Commission, Town Manager, Finance Committee Chairman and himself will work with Janelle Aviation
to come up with an acceptable plan to resolve this issue. This will be done as soon as possible. A study
will be completed in the next 90 days and a report will be forwarded to the Council.
· Mr. Be~i-min Graham, representing the Outreach Committee of the NVBIA, addressed the
Council. He thanked the Town for its support with the NVBIA 10k race and presented each
councilmember with a tee shirt.
· Mr. Bowers, representing the_NVBIA, addressed the Council stating that the 10k race had over
500 participants. He thanked the Council for its support, particularly the help from the Police
Department.
· Ms. Linda Porter, President of the Loudoun County Preservation Society, addressed the Council
with regard to the retention of the Loudoun County government in Historic Leesburg. Ms. Porter's
statement is attached and made a part of the official record.
· Mr. Brian Kirk, representing the Leesburg Foundation, addressed the Council with regard to
holding craft fairs and events at Ida Lee Park. Mr. Brown asked that Mr. Kirk contact Gary Huff,
Director of Parks and Recreation.
· Mrs. Agnes Harrison, representing the Leesburg Garden Club, addressed the Council expressing
support of Mrs. Porter's position.
· Mr. Kevin Wright. representing the Tailey Ho Theater, addressed the Council expressing his
support of LB/. He encouraged the Town Council to work together and voice their support of LRI.
· Mrs. B.J. Webh, a resident of Leesburg, addressed the Council reiterating her comments made
in last week's local paper. She also encouraged the Town Council's support of the Leesburg Airport.
· Ms. Janet Perry,, representing Positive Youth Works, addressed the Council. Ms. Perry's
statement is attached and'made a part of the official record.
PUBLIC HEARINGS
6.a. cancelled
6.b. To consider Special Exception Application #SE-92-06 Shenandoah Square Exxon Shop
and Car Wash by Aronov Realty Company, Inc.
Ms. Seigfried addressed the Council presenting the staff report.
· Mr. Randy Minchew, representing the applicant, addressed the Council. He stated that this application
has no outstanding issues and that the project is a good tax base generator for the Town of Leesburg and
Loudoun County.
Mr. Caulkins addressed this issue stating that there is a need for a traffic signal and stated that the Town
may experience traffic problems in this area.
Mr. Bo Young, representing ARONOV Realty, addressed the Council with regard to Mr. Caulkins'
concerns. He stated that signalization will be installed at the Exxon pad.
The public hearing was dosed.
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, this matter was referred to the September 15, 1992,
Planning and Zoning Committee meeting for further consideration.
DISCUSSION
Ms. Umstattd asked if there was any traffic study in accordance with Mr. Ca, lkins' concern.
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Minutes of September 8, 1992
Ms. Umstattd requested the following information from the applicant:
· Does Ex~on plan to have underground storage t~nks?
· Is this area in the limestone conglomerate and if there were any le~kn from the underground
tanks would this cont~miuate the groundwater supply in the limestone area?
Mr. Minchew stated that he would prepare answers to these questions.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem.
Nay: None
6.b. To consider amendment to the R-16 Zoning District
Scott Johnson addressed the Council summarizing the staff report.
The public hearing was closed.
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, this matter was referred to the September 15, 1992,
Planning and Zoning Committee for further consideration.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem.
Nay: None
10. (D
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and
unanimously adopted.
92-162 - RESOLUTION - AUTHORIZING THE BATTLE OF YORKTOWN REVOLUTIONARY WAR
REENACTMENT PARADE ON SATURDAY, OCTOBER 17, 1992
WHEREAS, the First Virginia Regiment of the Continental Line is hosting a Revolutionary War
encampment and battle reenactment at Ida Lee Park in Leesburg on October 17-18, 1992; and
WHEREAS, the living history program win involve more than 1,000 participants, making it one
of the largest reenactment events ever held in the Washington, D.C., area; and
WHEREAS, the event will be an asset to the town's economic development efforts; and
WHEREAS, the sponsors have requested authorization for a parade through the downtown
Historic District from Ida Lee Park to Market Station on the morning of Saturday, October 17.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Authorization is hereby granted for the Battle of Yorktown Revolutionary War Reenactment
Parade the morning of Saturday, October 17, from Ida Lee Park to Market Station. Further, appropriate
town ¢orces are authorized to assist with the parade and the otb.er reenactment events, subject to
payment of expenses per the special events ordinance.
VOTE
Aye:
Nay:
COUNCILMEMBER COMMENTS
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem.
None
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Minutes of September 8, 1992
Ms. Bange attended the Parks and Recreation Commission meeting this morning where discussions were
held regarding breast feeding in the pool area. The Commission would like to report that there is no
policy against breast feeding. All activities at Ida Lee have been established to promote and foster
individual and family growth and to ascertain and secure the health, safety and weffare of all persons.
Another issue discussed at this meeting was the lack of scholarship funds available.
Mr. Atwell stated that he has attended all of the meetings that have been assigned to him as a
councilmanic representative.
Due to a misunderstznding after the Council's July meeting concerning the two months funding for LRI
some of those funds were used for expenditures that have occurred prior to July 1.
Three bids were received for the LRI brochure and authorization has been given to the lowest bidder
which is the Printhouse Express.
He commented on and expressed encouragement with the positive things that he has heard during the
petitioners portion of the agenda such as the Homestead Act, the creation of a Special Events Committee,
Loudoun Arts Council, NVBIA, the Loudoun County Preservation Society, the Leesburg Garden Club and
Positive Youth Works.
He urged the Council to make a decision with regard to LRI. He stated that the Council is on the verge
of waffling with the fate of LRI and Leesburg Airport. In his judgement, he stated that the Council is
sending bad messages. The airport is an asset to the Town of Leesburg. It is important to the County
and he would like to see Loudoun County take an active role.
Mr. Trocino echoed Mr. Atwell's comments. He stated that the Council owes it to LRI to tell them where
they stand. The same goes for the airport. It is time to put these issues behind the Council and get on
to other issues.
He reported on the committee to retain the county seat commenting on the county's willingness to
cooperate with the committee.
Ms. Umstattd stated that she was requested by the Chairman of the Loudoun Board of Supervisors to
represent the County in the recently created Partnership for Regional Excellence. This committee will
look at land use, transportation, environmental issues, business and economic development issues.
She stated that she will propose a motion during new business for an audit of LRI.
There is a fair amount of work to be done regarding the airport. It would be premature to fully endorse
the airport as it is currently operated. She hoped that the Council would authorize a ninety-day study
period for the airport.
Mr. Blake stated that he echoes Mr. Atwell's position regarding the airport and LRI.
Mr. Webb also agreed with the comments made by Mr. Atwell and the need to take immediate action.
MAYOR'S REPORT
Mayor Clem concurred with the Council to put closure on these issues. He suggested a special meeting
on September 15, between Committee meetings to put closure on the LRI issue. With regard to the
Leesburg Airport the Council will take the next 90 days to find out what can be done to correct the
problems and get the airport back on track.
MANAGER'S REPORT
Mr. Brown reported on the upgrades made to the audio system in the Council Chambers noting that
provisions have been made for the hearing impaired.
He also reported on the good response being received from the town-wide recycling program.
LEGISLATION
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Minutes of September 8, 1992
10.
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the following ordinance was proposed and
unanimously adopted.
92-0-34 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED
PAY AND CLASSIFICATION PLAN
WHEREAS, Richard Ramaley, retired after 25 years of town service creating a vacancy as the
Superintendent of Equipment Maintenance position; and
WHERF_.~, in order to properly reflect assignment of duties and responsibilities the Assistant
Superintendent of Equipment Maintenance Division position has been recommended to be reclassified
to a Mechanic II position.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational
group and pay grades, is amended to read as follows:
Sec. 12.1-10. Classification of town employees by occupational groups and pay grades.
Employees in the town service are classified in the following occupational groups and pay grades:
Occupational
Groups Position Pay Grade
" 21
Executive-Managerial Director of Engineering/Public Works 27
" Chief of Plan Review 24
" Director of Utilities 26
" Director of Finance 26
" Director of Planning, Zoning 26
and Development
Asst. Town Manager for Economic Development
and Administration
" Chief of Police 26
" Director of Parks and Recreation 24
Law Enforcement Parking Control Officer 2
" Police Officer 13
" Police Officer 1st Class 14
" Corporal 15
" Sergeant 17
" Lieutenant 20
" Captain 22
" Investigator 15
Administrative-Clerical Clerk Typist 4
" Data Entry Clerk 3
" Secretary 5
" Accounting Clerk I 4
" Accounting Clerk II 5
" Administrative Secretary 7
" Zoning & Development Asst. 10
" Executive Secretary 10
" Clerk of Council 11
" Personnel Officer 9
" Public Information Officer 8
" Desk Clerk 2
" Parking Attendant 2
Supervisory Superintendent Equipment Maintenance 15
" Water Supply Superintendent 18
" Superintendent Buildings 17
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Grounds and Maintenance
" Utility Lines Superintendent 17
" WPCF Superintendent 18
" Asst. Director of Finance 15
" Parks and Marketing Coordinator 15
" Recreation Coordinator 15
" Recreation Supervisor 12
" Aquatics Supervisor 12
" Center Supervisor 12
Technical Asst. Utility Plant Mechanic 5
" Heavy Equipment Operator 7
" Utility Billing Technician 8
" Asst. Super. Bldgs, & Grounds 13
" Senior Operator 12
" Operator I 11
" Operator II 10
" Operator III 7
" Operator IV 4
" Asst. Supt. Utility Lines 13
" Senior Inspector 14
" Sr. Utility Plant Mechanic 11
" Asst. Water Supply Supt. 13
" Capital Projects Representative 19
" Capital Projects Coordinator 14
" Asst. WPCF Supt. 13
" Facility Inspector 13
" Asst. Zoning Admin. 14
" Systems Technician 8
" Meter Technician 5
" Recreation Attendant n/a
" Lifeguard n/a
" Instructors n/a
Professional Chief of Operations & Inspections 18
" Engineer li 18
" Traffic Engineer 18
" Chief of Current Planning 21
" Chief of Comprehensive Planning 21
" Planner Ii 17
" Zoning Administrator 20
ConstructionfMaintenance Laborer 1
" Maintenance Worker II 7
" Maintenance Worker I 5
" Mechanic I 5
" Mechanic H 8
SECTION H. Section 12.1-15 of the Town Code, being the pay grades for compensation of
employees in the town service, is amended to read as follows:
Grade
FY 1993 Pay Range
I $14,232-21,362
2 14,944-22,431
3 15,691-23,552
4 16,475-24,730
5 17,288-25,966
6 18,164-27,264
7 19,073-28,627
8 20,025-30,060
9 21,027-31,561
10 22,079-33,141
11 23,183-34,797
12 24,342-36,537
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Minutes of September 8, 1992
13 25,559-38,363
14 26,63%40,281
15 28,178-42,296
16 29,588-44,411
17 31,067-46,631
18 32,620-48,963
19 34,251-51,411
20 35,964-53,982
21 37,762-56,681
22 39,650-59,515
23 41,632-62,490
24 43,714-65,615
25 45,900-68,896
26 48,195-72,340
27 50,605-75,958
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION V. This ordinance shall be effective upon passage.
DISCUSSION
Mr. Webb stated that he was glad to see staff being promoted from within the ranks. He stated that the
Council should approve any vacancies to be refilled.
Mr. Clem asked that Mr. Brown inform the Council of any need to fill or refill any positions.
VOTE
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem.
None
10. (b). (c), (d). (e), (f). (~), (h). (i)
MOTION
On motion of Mr. Webb, seconded by Mr. Blake, the following resolutions were proposed and
unanimously adopted.
92-163 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, Richard Ramaley retired after 25 years of town service and creating a vacancy as
the Superintendent of Equipment Maintenance position; and
WHEREAS, in order to properly reflect assignment of duties and responsibilities, the Assistant
Superintendent of Equipment Maintenance Division position has been recommended to be reclassified
to a Mechanic II position.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town service established for the fiscal
year beginning July 1, 1992 are amended as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council 1
EXECUTIVE DEPARTMENT
Manager 1
Minutes of September 8, 1992
Asst. Town Manager for Economic
Development and Administration
Executive Secretary
Personnel Officer
Public Information Officer
Clerk Typist
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
Accounting Clerk II
Accounting Clerk I
Systems Technician
Utility Billing Technician
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corporal
Police Officer
Police Officer 1st Class
Administrative Secretary
Secretary
Parking Control Officer
Data Entry Clerk
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Traffic Engineer
Administrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Plan Review
Chief of Operations/Inspections
Engineer II
Engineer I
Capital Projects Coordinator
Capital Projects Representative
Senior Inspector
Facility Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker II
Maintenance Worker I
Laborer
EQUIPMENT MAINTENANCE
Superintendent
Heavy Equipment Operator
Mechanic II
1
1
1
10
3
11
5
1
1
1
1
1
1
3
1
1
1
1
3
1
½
1
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Minutes of September 8, 1992
Mechanic I
Laborer
PARKING METER AND LOTS
Parking Attendant (part-time)
PLANNING, ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development
Chief of Current Planning
Chief of Comprehensive Planning
Zoning Administrator
Planner II
Asst. Zoning Administrator
Zoning & Development Assistant
Administrative Secretary
Secretary
PARKS AND RECREATION
Director of Parks and Recreation
Administrative Secretary
Recreation Coordinator
Recreation Supervisor
Parks & Marketing Coordinator
Center Supervisor
Aquatics Supervisor
Desk Clerk
Recreation Attendant (part-time)
Lifeguard (part-time)
UTILITIES
ADMINISTRATION
Director of Utilities
Engineer H
Senior Utility Plant Mechanic
Administrative Secretary
Asst. Utility Plant Mechanic
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Operator
Operator I
Operator II
Operator III
Equipment Operator
Laborer
UTILITIES LINES
Superintendent
Asst. Superintendent Maintenance
Maintenance Worker II
Maintenance Worker I
Meter Technician
Laborer
WATER SUPPLY
1.5
1
1
1
1
4
1
1
1
1
1
1
1
1
1
1
2
3
3
9
1
1
2
3
2
1
1
1
1
1
2
2
1
1
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Minutes of September 8, 1992
Superintendent 1
Operator I 3
Operator II 3
Operator IV 1
TOTAL PERSONNEL AUTHORIZED
Full-time Equivalent
157.5
Part-time 15.4
92-164 - RESOLUTION - RECEIVING AND REFERRING AN APPLICATION BY PULTE HOME
CORPORATION FOR A PROFFER AMENDMENT AND CONCEPT PLAN
AMENDMENT TO #ZM-87 TO THE PLANNING COMMISSION FOR PUBLIC
CD
HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS
AM]ENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An application by Pulte Home Corporation for a proffer amendment and concept plan amendment
to #ZM-87 Exeter PRN, to permit the construction of townhouses with a minimum width of 18 feet in
Exeter, Section 4, 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.
92-165 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO SECTION 10A-9 OF
THE LEESBURG ZONING ORDINANCE TO PERMIT GREATER FLEXI-BILITY FOR
THE ISSUANCE OF SIGN PERMITS
WHEREAS, the Council recognizes the importance of signage to the continued success of the
Town of Leesburg's business community; and
WHEREAS, in isolated circumstances the sign regulations currently do not provide sufficient
flexibility for the issuance of permits which are consistent with the purpose and intent of the sign
ordinance; and
WHEREAS, occasionally there are unique building characteristics which may specifically
accommodate additional signage which is consistent with the creation of a convenient, attractive and
harmonious community; and
WHEREAS, in these unique circumstances the issuance of sign permits should be evaluated on
an individual basis where the general sign regulations may not adequately or fairly address every
circumstance; and
WHEEEAS, it is the desire of the Council to authorize the Zoning Administrator with the
discretionary review to issue sign permits which can be demonstrated as compatible and harmonious with
the sign ordinance; and
WHEREAS, this discretionary authority is limited in nature and is only intended to be utJli~.ed
sparingly for those unique circumstances:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to Section 10A-9 of the Leesburg Zoning Ordinance is hereby
initiated to include the text as stated below:
Section 10A-9. DEVELOPMENT STANDARDS FOR PERMITTED SIGN TYPES
All new signs and all existing signs which are replaced, reconstructed, extended or changed
structurally shall comply with the following development standards unless the building size,
location or orientation may result in a circ~mstsnce which is not adequately addressed in thin
Article, and may necessitate a modification to the standards provided herein. Any such
modification must demonstrate to the satisfaction of the Zoning Admiuistrator thst compli_snc~
with the purpose and intent of the sign regulations provided in Section 10A-1 will not be
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Minutes of September 8, 1992
compromised:
SECTION II. The Planning Commission shall hold a public hearing to consider this amendment
to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11,
Title 15.1-431 of the 1950 Code of Virginia, as amended.
92-166 - RESOLUTION - INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE
FOR ARTICLE 18, SECTION 4C-3 AND SECTION 11A-7(21) TO ESTABLISH A
SPECIAL EXCEPTION USE IN THE B-3 ZONING DISTRICT WHICH WOULD
PERMIT THE DEVELOPMENT OF A LAND LEASE RESIDENTIAL DEVELOPMENT
WHERF. AS, on August 11, 1992 the Town Council was petitioned by Mr. O. Leland Mahan on
behalf of Mr. David Frenzel to consider amending the zoning ordinance for the establishment of specific
residential uses within the B-3 zoning district; and
WHEREAS, the current zoning ordinance does not permit any residential development within
the B-3 zoning district; and
WHEREAS, if the proposed amendments are adopted as stated herein, manufactured housing
at a density of 17 units per acre could be constructed on B-3 parcels with a minimum size of 10 acres
in area; and
WHE~, this type of development could provide an option for housing alternatives and
opportunities for a wider spectrum of economic levels:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to the following Articles and Sections of the Leesburg Zoning
Ordinance is hereby initiated to include the text as stated below:
Article 18 - Definitions
"Manufactured Home" is a single family dwelling manufactured off site in a factory in accordance
with the HUD Building Code, which is a national pre-emptive building code established by the
federal government. A manufactured home is not a mobile home.
"Mobile Home" shall mean a structure manufactured prior to June 15, 1976, and that is not
constructed in accordance with the HUD Building Code.
"Land Lease Residential Development" A parcel of land under single or multiple ownership but
under a central management that has been planned and improved for the placement of
manufactured housing for dwelling purposes. A land lease residential development shall only
include a development wherein manufactured housing sites and/or houses are leased or rented.
Section 4C-3. Special Exceptions Uses
(2) Residential Uses
a. Land lease residential development.
Section 11A-7 - Specific Review Criteria
(21) Standards for Land Lease residential development
ao
Any material may be used for the exterior surface and the roof
which is generally acceptable for site-built housing in the Town
of Leesburg.
bo
Homes are restricted to residential use except for units used for
models, management offices, or sales offices.
Co
Homes shall be installed in accordance with the manufacturer's
instructions.
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Minutes of September 8, 1992
do
All accessory buildings shall be architecturally compatible with
the principal structure.
eo
Minimum parcel area for land-leaee residential development -
Five (5) acres.
Maximum parcel area for land-lease residential development -
Ten (10) acres.
g. Maximum density of sites per net acre - seventeen (17).
ho
A fifteen (15) foot minimum yard shall be maintained between
all streets, curbs and the manufactured home and other
structural improvements. Required yards at the edges of the
land-lease residential development shall be twenty-five (25) feet
from all streets and twenty (20) feet from all other abutting
property lines, contain no accessory buildings and be treated as
front yards for the community.
Direct vehicular access to the land-lease community shall be
provided by means of an abutting improved public street.
The development shall provide an area for recreational facilities.
The area shall include space for community use and for guest
parking.
ko
A minimum of twenty percent (20%) of the gross acreage of a
site developed for a land-lease residential use shall be maintained
as open space.
SECTION II. The Planning Commission shall hold a public hearing and consider these
amendments to the Zoning Ordinance, and report its recommendations to the Town Council pursuant
to Chapter 11, Title 15.1-431 of the 1950 Cede of Virginia, as amended.
92-167 - RESOLUTION - AUTHORIZING THE REMOVAL OF THE BARRICADES ON PLAZA
STREET
WHEREAS, in conformance with the approved proffers for the Exeter development, barricades
were installed on Plaza Street just north of the entrance to Leesburg Elementary School; and
WHE~, as a result of the barricades, school traffic from Exeter must use Battlefield Parkway
and the Route 15 by-pass to access Leesburg Elementary School; and
WHEREAS, to improve transportation safety and effectiveness in the northeast quadrant, the
barricades are being considered to be removed prior to the proffered requirement; and
WHEREAS, the developer, Richmond-American, has agreed to remove the barricades, if
authorized, and to continue to route construction traffic through Battlefield Parkway and Route 15 by-
pass; and
WHEREAS, residents of Plaza Street have been notified of the pending action and several have
requested some action to slow the expected increase in traffic:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The barricades on Plaza Street are authorized to be removed from the right-of-way
as soon as possible.
SECTION II. The barricades are to be removed after four-way stop signs are erected at the
intersection of Marshall Drive and Plaza Street.
92-168 - RESOLUTION - AUTHORIZING A SUBSTITUTE AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND REDUCTION FOR THE HIGHPOINT
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WATERTJNE EXTENSION AND P~T.EAS1NG A LETTER OF CREDIT AND
CANCELLING A CONTRACT WITH HIGHPOINT ASSOCIATES
WHEREAS, Council Resolution #90-234 approved a letter of credit from American Security Bonk
in the amount of $14,050.00 as security to guarantee installation of public improvements by Highpoint
Associates as shown on plans approved by the Director of Engineering and Public Works for the
Highpoint Waterline Extension; and
WHE~, the Sunset Hills Corporation, the new owner of the Highpoint Development~ has
presented a new contract and a new performance guarantee to replace the documents from Highpoint
Associates, the former owner; and
WHEREAS, the Sunset Hills Corporation has requested a reduction of the amount of the
performance guarantee based on the work completed to date; and
WHEREAS, the Department of Engineering and Public Works has reviewed the request for
reduction and inspected the improvements and recommends that the performance guarantee in the
amount of $14,050.00 be reduced by $11,240.00 to $2,810.00; and
WHEREAS, the Department of Engineering and Public Works also recommends acceptance of
a new contract and a cash bond in the amount of $2,810.00 from Sunset Hills Corporation and release
of the contract and the letter of credit provided by Highpoint Associates from American Security Bank
in the amount of $14,050.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia as follows:
SECTION I. The Manager shall execute the contract for public improvements with the Sunset
Hills Corporation for the improvements shown on plans approved by the Director of Engineering and
Public Works for the Highpoint Waterline Extension.
SECTION II. A cash bond in the amount of $2,810.00, provided by Sunset Hills Corporation,
is approved to replace the letter of credit from American Security Bank in the amount of $14,050.00.
SECTION III. The letter of credit from American Security Bank in the amount of $14,050.00 is
hereby released.
SECTION IV. The contract for installation of public improvements for the Highpoint Waterline
Extension dated September 7, 1990 with Highpoint Associates, is hereby cancelled.
92-169 RESOLUTION CREATING CRIME PREVENTION TASK FORCE AND MAKING
APPOINTMENTS
WHEREAS, the Town Council on August 8, 1992, during a Saturday work session initiated the
creation of an ad hoc committee on crime prevention; and
WHEREAS, the Town Council on September 1, 1992, met in executive session to consider
candidates for the committee; and
WHEREAS, the Town Council desires to determine appropriate action to assist law enforcement
agencies in combatting crime in Leesburg; and
WHEREAS, a committee of interested citizens will provide valuable insight for input into local
policy making on crime fighting and prevention:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An ad hoc committee is hereby created to review local efforts to combat and prevent
crime in Leesburg and to recommend necessary policy actions to ensure Leesburg meets its local law
enforcement demands.
SECTION II. The committee shall be comprised of Jerry Wright~ Pat Simms, Eugene Robey,
Dave Tolle~ and Matthew McCraken and shall report back to the Town Council by November 30, 1992.
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92-170 - RESOLUTION - ESTABLISHING A POLICY REQ~G BUDGETS AND FINANCIAL
STATEMENTS FROM ORGANIZATIONS RECEIVING TOWN FUNDS
WHEREAS, several organizations in Leesburg are authorized to receive town funds in the town's
approved budget for fiscal year 1993; and
WHEREAS, formal requirements should be placed on the organizations to account for their use
of town funds; and
WHEREAS, the Town Council desires that the town's non-departmental funds be utilized in a
manner that benefits the town's citizens:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Organizations receiving contributed town funds must provide the town's finance department a
current budget and financial statement in a format acceptable to the Town Council.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem.
Nay: None
10.
MOTION
Ou motion of Ms. Bange, seconded by Mr. Trociuo, the following resolutiou was proposed and adopted.
92-171 - RESOLUTION - AUTHORIZING A TRANSFER OF $50,000 FROM THE UNAPPROPRIATED
FUND BALANCE OF THE GENERAL FUND INTO THE AIRPORT FUND
WHEREAS, staff reported to the Town Council Finance Committee on August 6, 1992, that a
temporary transfer of $50,000 from the unappropriated fund balance of the General Fund into the Airport
Fund to provide for operating expenses, due to a shortfall in anticipated revenues; and
WHE~, both the Town Council Administration and Public Works Committee and the Airport
Commission have recommended this transfer, on September.I, 1992 and September 3, 1992 respectively;
and
WHEREAS, the Finance Committee and the Airport Commission will continue to discuss and
examine airport revenues, expenditures, and policies for the collection of debts, to improve the cash flow
situation at Leesburg Municipal Airport; and
WHEREAS, the Town Council remains committed to continuing to support economic
development benefits that derive from the town-owned Leesburg Municipal Airport:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A transfer of $50,000 from the unappropriated fund balance of the General Fund into the Airport
Fund is hereby authorized. These funds shall be reappropriated to the General Fund should the Airport
Fund generate revenues in excess of projections.
DISCUSEION
Mr. Webb asked if this is a loan? Mr. Brown stated that this will be treated as a loan.
Mr. Umstattd stated that she is bothered by the fact that this shortfall is due to the fact that Janelle is
nine months in arrears in its rent to the town. "This is an area in which the Town needs to protect the
taxpayers and treat all businesses equally."
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem.
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Nay: Councilmember Umstattd
lO. ~0
MO'I~O~
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and
unanimously adopted.
92-172 - RESOLUTION - CREATING A SPECIAL EVENTS COMMITTEE AND MAKING
APPOINTMENTS
WHEREAS, many special events, sponsored by private non-profit organizations, are held annually
throughout the Town of Leesburg;, and
WHE~, the Town of Leesburg provides significant assistance to the sponsors of special
events; and
WHE~, on June 23, 1992, per the approved 1992-1993 budget, the Leesburg Town Code was
amended by Town Council to require sponsors-of special events to reimburse the town for expenses
incurred by the town during the conduct of a special event; and
WHEREAS, on July 14, 1992, the Town Council directed staff to investigate the potential for the
Town of Leesburg to sponsor large festivals to attract tourists and raise revenues for the town; and
WHEREAS, the Town Council further desires to establish an ad hoc committee to investigate the
town's possible role in sponsoring future special events:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An ad hoc special events committee is hereby created to work with ~ff to evaluate the proper
role for the Town of Leesburg in relation to the administration of special events in Leesburg. The
following individuals are hereby appointed to serve on this committee: Andrew Adelman, Peter Dunning,
Frank Farrell, Mike Lowe, Judy Reinhardt~ Fabian Saeidi, Nell Steinberg, Christine Vetsch and Ellen
Wall. The special events committee shall report its recommendations to the Town Council within sixty
days.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem.
Nay: None
NEW BUSINESS
MOTION
On motion of Bange, seconded by Mr. Blake, the following resolution was proposed and adopted.
92-173 RESOLUTION RECEIVING AND ENDORSING THE AIRPORT COMMISSION'S
RESOLUTION SUPPORTING LEESBURG MUNICIPAL AIRPORT
WHEREAS, Town Council requested the Airport Commission to examine the status of Leesburg
Municipal Airport; and
and
WHEREAS, the Airport Commission met on September 3, 1992, to consider Council's request;
WHEREAS, the Airport Commission adopted the attached resolution outlining the economic
development benefits of Leesburg Municipal Airport; and
WHEREAS, the Town Council desires to continue to support the airport as a town-owned facility
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which contributes considerable employment and economic benefits to the community:
THEREFORE, RESOLVED by the Council of the Town of Leeeburg in Virginia as follows:
The attached Airport Commission resolution supporting Leesburg Municipal Airport adopted
September 3, 1992, is hereby received. The Airport Commission's policy recommendations will be
considered at the appropriate time.
DISCUSSION
Ms. Umstattd stated that she is not ready to agree with the fourth whereas, however, she does support
the final paragraph.
Mr. Trocino stated that it is important that the Council go on record supporting and endorsing this
resolution. The Council needs to take a look at the way the Airport Commission's Charter is structured.
He expressed a desire for this commission and others to have more oversight power.
VOTE
Aye:
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem.
Councilmember Umstattd
MOTION
Ms. Umstattd made the following motion:
I move that the Leesburg Town Council direct the Town Manager to retain a qualified firm from outside
the Town of Leesburg to conduct a full and comprehensive audit of Leesburg Renaissance's books,
revenues and expenditures from the inception of the Leesburg Renaissance (LRI) program through the
date the audit is completed. To determine smong other things:
1. Whether or not LRI has fully' and consistently followed the directives given to it by the Town
Council by resolution. Especially those directives involving the town's provision of matching funds to
LRI.
2. Whether or not LRI has fully and consistently followed the town's 1992 directive which
authorized the expenditure of town contributions for future advertising purposes only.
3. Whether LRI has fully and consistently followed standard corporate bookkeeping methods and
accounting for its revenues and expenditures and its request for matching funds from the town.
I further move that the full cost of this audit should be deducted from any town contributions to LRI
already authorized by the town and that should LRI refuse to cooperate fully in such an audit no future
town money should be contributed to LRI.
The motion died for lack of a second to the motion.
Mr. Webb questioned the status of the penalty against Multivision? Mr. Brown stated that this mater
is scheduled for the September 15, 1992, Administration and Public Works Committee meeting.
Mayor Clem asked that in the future, out of respect for his position as Mayor, when a speaker finishes
the floor should be turned back over to him and he will then ask for discussion and/or questions.
MOTION
On motion of Mr. Webb, duly seconded, the meeting was adjourned at 11:05 p.m.
VOTE
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem.
None ~_~_~ ~. ~
James E. Clem, Mayor