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HomeMy Public PortalAbout1992_09_08 (2)247 0 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 248 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? 249 Minutes of September 8, 1992 0 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. 250 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 251 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 252 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 17 253 Minutes of September 8, 1992 0 Z 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 24,342-36,537 254 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 1 255 256 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 1 257 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 258 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. 259 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 260 Minutes of September 8, 1992 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. 261 Minutes of September 8, 1992 0 Z 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. 262 Minutes of September 8, 1992 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 263 Minutes of September 8, 1992 0 Z 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