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HomeMy Public PortalAbout1993_01_26441 0 TOWN COUNCIL MEETING MINUTES OF JANUARY 26, 1993 A regular meeting of the Leesburg Town Council was held on January 26, 1993, 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 Counciimember Georgia W. Bange. SALUTE TO THE FLAG was led by Councilmember William F. Webb. ROLL CALL Councilmembers present George F. Atwell (arrived at 7:50 p.m.) Georgia W. Bange Ronald W. Blake Joseph R. Trocino (absent) 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 Director of Parks and Recreation Gary Huff Planners Gene Arner and Marilee Seigfried Deputy Town Attorney Deborah Welsh Public Information Officer Susan Farmer Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Ms. Bange, seconded by Mr. Webb, the special meeting minutes of December 8, 1992, December 21, 1992 and January 13, 1993 were approved as submitted. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd (Abstained from vote of January 13, 1993 minutes), Webb and Mayor Clem Nay: None Absent: Trocino PETITIONERS Mr. Huzh Harmon representing the LCCVB addressed the Council presenting a six month report/update of the visitors bureau. Ms. Umstattd noted that LCCVB received 105 responses to the April 1, 1992 issue. She questioned what the year-to-date was? Mr. Harmon stated that inquiries have been about 3000 to 3200. Ms. Umstattd questioned the cost of advertising in April 19927 Mr. Harmon stated that was one national ad which was $ i0,0Cn3.Cn3 and has a year long shelf life. Supported by the Virginia Division of Tourism. Ms. Mary Valente, representing the homeowners association of Potomac Crossing addressed the Council. She stated that the residents filed a suit in Loudoun County Circuit Court on December 31, 1992. Ms. Valente reviewed the suit with the Council, requesting the Council's continued support in this matter. She noted that a hearing is scheduled on Friday, January 29, 1993 at 10:00 a.m. Ms. Umstattd asked if the homeowners need the Council to prepare a resolution in support of the homeowner's action? Ms. Valente stated that this is not necessary but that it would be nice. She stated that a letter from the Mayor 442 would be sufficient. Ms. Doris Johnson thanked the Council on behalf of the Loudoun NAACP, Douglas Alumni Association, Bluemont Concert Series and the I Have a Dream March Committee for the support of the town during the march. She reported on the event's success. Mr. Craig Frederick, a resident of Beauregard Estates, addressed the Council regarding the proposed land leased residential project. Mr. Frederick's comments are attached and made a part of the official record. Mr. Stephen Axeman, a resident of Tavistock Farms, addressed the Council reiterating the comments of Mr. Frederick. He stated that this project would be a detriment to the Town of Leesburg. He stated that he could hardly believe that anyone would spend close to $100,000.00 for a home that doesn't own the land on one- tenth of an acre. "Not to mention the quality of life, the overcrowding of Cool Springs Elementary School and the fact that if the Council approves this one exception with 386 acres that surround Leesburg - that is, coming into the entrances of Leesburg from all directions the impression this may give for other landowners - they will see that they can do the same thing - ask for the same exception. If the Council denies the exception it will go to litigation and the landowner will win because the Council has already set a precedent. We have a lovely town and we should keep it that way." Mr. Axeman pointed out that approximately 70 percent of affordable housing in Loudoun County is in Leesburg. Mr. Axeman stated that for $97,000.00 - the legal definition of an installed manufactured home is a mobile home or structure built on a permanent chase with or without a permanent foundation." He stated this would open itself up to a trailer park. "We don't want trailer parks lining the Route 7 Corridor coming into town. We have a lot of businesses spending a lot of money on advertising trying to get consumers to come into town to keep the businesses that are closing. We don't need to drive them away." Mr. Axeman charged the Council to act responsibly for the town and for the people. He stated that he has talked with 40 residents in the Tavistock all of whom are against this. He stated that he has also talked with many other homeowners within the town and has not come across one person that thinks this is a good idea. Mr. Axeman asked that the Council ask the citizens of Leesburg what they really want before voting on this. Ms. Umstattd stated that she has a concern that if the Council starts putting trailer parks around the town it will be very difficult to attract the kind of attractive development that enhances and expands the tax base for everybody who is here already. She stated that Mr. Trocino has always made the argument that the town needs to attract nice development and that was one of the reasons Mr. Trocino supported the River Creek ' proposal. She stated that she fears if the Council starts putting trailer parks right where Carradoc Hall is or Euram Furniture and VDOT there will be no incentive for a developer like the River Creek development to come to Leesburg nor will there be any reason for people to come and move into Tavistock Farms or buy the homes that are there already. She stated that she thought the property values of Beauregardwill go done as well. She stated that she does not see this as being a good move for the town at all. She appreciated the citizens coming out and expressing a similar feeling. Mr. Axeman stated that it is the future of the town that the Council needs to be looking at. What direction does the Council want this town to go? This is not the direction. We need to attract businesses and nice developments. Mr. Dave Daup. hertv addressed the Council representing the Masons. He reported that March 13, 1993 will mark the 175th anniversary in Leesburg. He invited everyone to attend the ceremony on April 14. He requested permission to hold a procession on King Street from the museum to the lodge. Mayor Clem asked that Mr. Daugherty contact Mr. Brown with regard to this matter. Ms. Deborah York a resident of Leesburg addressed the Council with regard to the proposed land leased residential project. She asked what the vision of Leesburg's future is? What do we want Leesburg to be in the next 10 to 20 years? She stated that the next 5 to 10 years are the crucial years for Leesburg to determine what the image of Leesburg will be. Massive, low income and affordable housing will not attract tourists. Looking at the master plan will determine what will happen to Leesburg in the next 10 to 20 years. She asked to look at how this special exception B-3 zone will impact the comprehensive plan. What is the criteria for approving this special exception? Ms. York urged the Town Council to vote responsibly. Ms. Sue Webb addressed the Council with regard to the nativity scene, pointing out that it belongs to the Downtown Business Association. Mr. Dave Culbert a resident in Tavistock Farms stated that he has not taken a position with regard to the proposed land leased development. Mr. Scott Cain a resident of Tavistock Farms addressed the Council expressing his concern of setting a precedent if the Council approves the special exception for the proposed land leased development. He stated that he is opposed to it. -2- 443 PUBUC HEARINGS 6. a. TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE TO DELETE TELEPHONE, C) Z ELECTRIC AND CABLE EASEMENT (TEC) REQUIREMENTS Mr. Arner addressed the Council presenting the staff report. Ms. Umstattd asked how a homeowner buying a new home would know whether a transformer will end up one place or another? Mr. Arner stated that the construction drawings can be consulted at the town office. The location of the transformer is not known until the developer begins building. The town does review where utility lines will be placed. Ms. Umstattd expressed concern with new home buyers often signing the contract before the construction of the house. The only information the buyer has is the plat from the builder. People do not know that they can come to the town office to look at construction drawings. Ms. Umstattd's concern is of notice. She asked what staff would recommend to make certain that homebuyers are fully aware of where the easements may go? Mr. Arner stated that staff is working towards adopting the common shared easement concept. Thus, the easement will be created in conjunction with plat approval. The locations of the easements will be shown on plats for common or shared easements. Ms. Umstattd asked, with the proposed change, if there would be any chance of developers installing transformer boxes in both front and back yards. Mr. Arner stated this would be extremely unlikely on the same property. Ms. Umstattd suggested amending the ordinance to add there can be no more than one transformer box placed on any one lot. Mr. William Flake, Assistant Engineering Manager with Northern Virginia Electric Cooperative, addressed the Council. He expressed his support of the change to the ordinance for economic reasons for NOVEC and the citizens of Leesburg. He stated that NOVEC asks for a choice of where to locate the lines. Whichever is more economical. Mr. Mickey Carnes, representing Virginia Power, addressed the Council expressing support of this amendment and urging the Council's approval. Mr. Dave Culbert, a resident of 808 Halyard Court, addressed the Council expressing his support of the proposed amendment. He responded to Ms. Umstattd's question of whether the development community would be objectionable to a restriction on more than one transformer being placed on any given lot. He stated that he did not know if enabling legislation authorizes the Town of Leesburg to dictate where things such as transformers can be located. How many can be located on a particular lot. Ms. Umstattd asked Mr. Culbert if he was saying that the Town of Leesburg does not have the authority to dictate where a transformer might go? She stated that in the past the town has said exactly that. She asked Mr. Culbert if he said the town acted without authority in the past? Mr. Culbert stated yes that is his opinion. Ms. Umstattd asked Mr. Culbert why he thinks that the town can now venture forth and amend the ordinance? She asked why does the town suddenly have the authority to regulate it now where the town had no authority in the past? Mr. Culbert stated that because what is being addressed tonight are easements. He stated that the proposed revision would jeopardize the legislation. The Mayor closed the public hearing. MOTION Ms. Umstattd made a motion to obtain a legal opinion as to whether the town has the authority to amend the ordinance as proposed. The motion died for lack of a second. 6. b. TO CONSIDER SPECIAL EXCEPTION APPLICATION #SE-92-08 DRIVE-IN FACILITY FOR SHENANDOAH SQUARE BURGER KING -3- 444 Ms. Sei~fried addressed the Council presenting the staff report. Mr. Ben Jarratt, the applicant was present to answer any questions. Ms. Umstattd asked if there would be sidewalk access to the Burger King? Mr. Jarratt stated that this issue would be addressed further with the development staff. He stated that on the Burger King property there will be sidewalk from the front door to the end of the property towards the Vernon Building. Ms. Umstattd questioned the hours of operation. Mr. Jarratt stated Sunday through Thursday - 6:00 a.m. - 11:00 p.m., Friday and Saturday closing at midnight, and opening at 7:00 a.m. on Saturday and Sunday. Mr. Davis a resident of Foxchase addressed the Council requesting that everyone work with the community. He stated that there were no problems with the Burger King. He asked that the Council re-look at the hours of the Taco Bell. The Mayor closed the public hearing. 6. e. TO CONSIDER #BLV-92-03 FAIRVlE SUBDMSION VACATION OF LOT LINES Ms. Sei~fried addressed the Council presenting the staff report and noting that the applicants, Mr. and Mrs. Saunders, were present to answer any questions. The Mayor closed the public hearing. COUNCILMEMBER COMMENTS Mr. Webb had no comment. Mr. Blake stated that the parking garage leaks and that in the future it will get worse. This matter was referred to the February 2, 1993, Administration and Public Works Committee agenda. Ms. Umstattd stated that she spoke with the Department of Air Pollution Control today and Patowmack Powers Partner, Inc. (PPPI) is continuing to aggressively push forward in its attempt to get a permit. The Department of Air Pollution Control speculates that no permit will be granted within the next two weeks and probably within the next two months. Citizens have sent in about 300 letters to the air pollution control department on this subject. The department is currently reviewing the letters and addressing the concerns raised. At this time PPPI has not been willing to satisfy some of the concerns of the Department of Air Pollution Control nor some of the citizen concerns. Ms. Umstattd asked that the whole matter of the town's provision of water to the power plant, which could be as much as 720,000 gpd the equivalent of 2000 homes, be placed on the February 2, 1993, Administration and Public Works Committee agenda. Mr. Atwell apologized for his tardiness this evening. He was addressing the Leesburg Kiwanis Club. Ms. Ban~e had no comment. MAYOR'S REPORT Mayor Clem encouraged town employees to attend the Town Council meetings. He commended the police department for its efforts during the Martin Luther King march. MANAGER'S REPORT Mr. Brown briefly highlighted points in the Activi~ Report. LEGISLATION ~0. (e) MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following ordinance was proposed and adopted. 93-0-3 - ORDINANCE - APPROVING VACATION OF BOUNDARY LINES ON LOTS 13-1~ TAX MAP -4- 445 0 48C ((1)), BLOCK F, FAIRVIEW SUBDIVISION WHEREAS, the Loudoun County tax records show two boundary lines separating lots 13-15; and WHEREAS, the lots do not meet various requirements of the Leesburg Zoning Ordinance and are classified as non-conforming; and WHEREAS, the owner desires that the two boundary lines separating lots 13-15 be vacated to create a single lot that conforms to the Leesburg Zoning Ordinance; and WHEREAS, the Town Council held a public hearing on this application on January 26, 1993: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Boundary line vacation application #92-03, authorizing the vacation of boundary lines separating lots 13-15, Loudoun County Tax Map 48~((1)) Block F is hereby approved as shown on the plat of easement and vacation prepared by Chamberlin, Wolford and Chen, P.C. dated Sanuary 4, 1993. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Absent: Trocino 10. (a) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following ordinance was proposed and adopted. 93-0-2 ORDINANCE APPROVING SPECIAL EXCEPTION APPLICATION #SE-92-08 SHENANDOAH SQUARE BURGER KING - DRIVE IN WHEREAS, Ben Jarratt and William Scarbrough have applied for special exception approval to locate a drive-in facility in the B-3 Zoning District; and WHEREAS, the property is located within the Shenandoah Square shopping center; and WHEREAS, on January 21, 1993, the Planning Commission recommended conditional approval special exception #SE-92-08; and WHEREAS, on January 26, 1993, the Town Council held a public hearing on this application; and WHEREAS, the proposed use meets the general review criteria set forth in the special exception regulations of the zoning ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~.ia as follows: SECTION I. Special exception application #SE-92-08 Shenandoah Square Burger King Drive-in facility as shown on a concept plan prepared by Tarlos & Associates, dated November 5, 1992 and revised January 6, 1993, and further identified as Tax Map 48 ((5)) Parcel C in the land records of Loudoun County, is hereby approved subject to the following conditions: The drive-in window exit lane shall align with the westbound lane of the Shenandoah Square Shopping Center access road to Heritage Way or shall be moved to an alternate location to provide a safe and convenient location subject to approval by the town; and The Burger King eastern entrance align with either the Taco Bell or the Exxon entrance. SECTION II. Approval of the special exception concept plan does not authorize modifications to requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance. SECTION III. This ordinance shall be in effect upon its passage. VOTE -5- 446 Aye: Councilmembers Atwelk Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Absent: Trocino 10. Co) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the foftowing ordinance was proposed and adopted. 93-0-05 ORDINANCE AMENDING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS TO REVISE AND DELETE REQUIREMEN'I~ CONCERNING TELEPHONE, ELECTRIC, AND CABLE TELEVISION EASEMENTS WHEREAS Section 13-76(a) of the Subdivision and Land Development Regulations requires telephone, electric and cable television easements to be located along rear property lines; and WHEREAS the Planning Commission has received and granted numerous requests for variation from this requirement; and WHEREAS good zoning practice requires that regulations be designed so as to preclude the need for frequent and recurring exceptions; and WHEREAS on October 13, 1992 the Council initiated consideration of an amendment to the cited provision of the Subdivision and Land Development Regulations; and WHEREAS the Planning Commission has held a public hearing and made its recommendation to Council; and WHEREAS the Council has conducted a public hearing pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia as amended, and has duly considered the proposed amendment: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as foftows: SECTION I. Section 13-76(a) of the Subdivision and Land Development Regulations is hereby amended as foftows: (a) Easements shaft be provided where necessary for sanitary sewer, water mains, gas mains, electric lines, telephone line% cable television lines and other necessary existin~ ea~ments of r~rd and ea~ments ~eated in ~njun~ion ~th plat approval shaU ~ in~ted on final su~sion plats, as prodded in ~ion 13-62. Const~ction dra~n~ for su~sions or development plans shaU show existing ea~ments of r~rd and ea~ments ~ing ~eate~ and shaft a~ indi~te the pro~d l~tion of el~tfic, ga~ telephone and ~ble tele~sion ea~ments in order to avoid ~n~cts ~th to~ utiUtie~ to~ fi~t~f-way, or the pla~ment of street trees. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shaft not affect the validity of the ordinance as a whole or any remaining provisions of the Subdivision and Land Development Regulations. SECTION IV. This ordinance shaft be in effect upon its passage. DiSCUSSiON Ms. Umstattd stated that she would vote against this amendment because of the legal objections raised by Mr. Culbert. VOTE Aye: Councilmembers Atweft, Bange, Blake, Webb and Mayor Clem Nay: Councilmember Umstattd Absent: Trocino -6- 447 ~o. (c) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and adopted. 93-0-06 - ORDINANCE - AMENDING THE ZONING ORDINANCE TO DELETE THE PROHIBITION ON LOCATING ELECTRIC TRANSFORMERS IN RESIDEN'IIAL FRONT YARDS WHEREAS, Section 7A-5(3)j of the Zoning Ordinance precludes location of transformers in front yards in single-family residential districts; and WHEREAS, the location of transformers is dictated by the location of the associated underground electric lines; and WHEREAS, good, efficient and cost-effective design of subdivisions may include the location of electric and other utility lines in front yards; and WHEREAS, the regulatory prohibition on electric transformers in front yards is unnecessarily restrictive; and WHEKEAS, on October 13, 1992 the Council initiated consideration of an amendment to the Zoning Ordinance to delete this prohibition concerning transformer location; and WHEREAS, the Planning Commission has held a public hearing and made its recommendation to Council; and WHEREAS, the Council has conducted a public heating pursuant to Chapter ll, Title 15.1431 of the 1950 Code of Virginia as amended, and has duly considered the proposed amendment: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virg/nia as follows: SECTION I. Section 7A-5(3)j of the Zoning Ordinance is hereby amended as follows: j. Utility Equipment and Public Safety. Fire hydrants, transformers and related utility and public safety equipment may be located within any requ/red yard, as authorized by this Ordinance and the Subdivision and Land Development SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Scverability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of thc ordinance as a whole or any remaining provisions of thc Zoning Ordinance. SECTION IV. This ordinance shall be in effect upon its passage. DISCUSSION Mayor Clem stated that this amendment will be good for both the community as well as the utll/ty companies. VOTE Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem Nay: Councilmember Umstattd Absent: Trocino 10. MOTION On motion of Mr. Wcbb, seconded by Ms. Umstattd, the following ordinance was proposed and adopted. 93-0-07 - ORDINANCE - AMENDING THE TOWN CODE TO REALIDCATE ONE METERI~.D PARKING SPACE ON MARKET STREET TO A LOADING ZONI~. WHEREAS, the management of the Tally Ho Theater has requested that the metered space directly -7- 448 in front of the theater be reallocated to a loading zone after 5:00 P.M. to allow the pick-up and drop-off of theater patrons; and WHEREAS, the business community has requested that the metered space not be removed during the business day; and WHEREAS, the Administration and Public Works Committee considered the issue to benefit local businesses and recommended its adoption at its January 19, 1993, meeting. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sec. 10-171. Establishment of meter zones and parking time limits therein. Parking meter zones with the following time limits for lawful parking are established as follows: (1) West side of King Street, between Loudoun Street and North Street, for two-hour parking at any one time except for that area designated at the northwest corner of King Street and Market Street as a no parking from here to corner zone. (2) East side of King Street, between Virginia Power right-of-way and 180 feet south of Royal Street, for two-hour parking at any one time. (3) South side of Market Street, and 120 feet west of Liberty Street for two-hour parking at any one time, with the following exceptions: the time limit for lawful parking shall be 15 minutes at any one time in front of the Post Office on Market Street and the time limit for lawful parking shall be three hours at any one time at five spaces immediately west of Wirt Street and five spaces between Liberty Street and the entrance of the Presbyterian Church parking lot and the space in front of the theater shall be a 15-minute loadint zone between 5:00 P.M. and midnight. (4) East side of Church Street, between Edwards Ferry Road and Cornwall Street, for two-hour parking at any one time, except spaces reserved for official cars of the state and town police and the County Sheriff's Department. (5) North side of Loudoun Street, between Wirt Street and Church Street, for two- hour parking at any one time. (6) Municipal parking area known as Vinegar Hill parking lot between Loudoun Street and South Harrison Street, for four-hour parking any one time. (7) Municipal parking area known as South Harrison Street, parking lot between South Street and South Harrison Street for four-hour parking at any one time. (8) East and west side of South Harrison Street, between Loudoun Street and 160 feet north of Depot Court, for two-hour parking at any one time except as hereafter provided. (9) East and west side of South Harrison Street at southern most point of parking bay in front of 202 Harrison Street, S.E. for up to ten-hour paid parking. (10) South side of Loudoun Street, between East Market Street and 160 feet east of South Harrison Street, for three-hour parking at any one time. (11) Municipal parking area on the south end of Liberty Street, with the exception of the southern-most 126 spaces which will be offered for permit-only parking. (12) East side of Wirt Street between Loudoun Street and Market Street plus two meters immediately north of Market Street for one-hour parking at any one time. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon passage. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Absent: Trocino 10. (~). (h). (i). (k) 449 Od rn Z MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolutions were proposed as consent item* and adopted. 93-15 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 4 WHE~, Council Resolution 92-144, adopted on July 28, 1992, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Exeter Section 4; and WHEREAS, the developer, Pulte Home Corporation, did not provide a performance guarantee for the public improvements; and WHEREAS, the final subdivision plat for Exeter Section 4 cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, the developer proposes to provide a letter of credit from Nations Bank in the amount of $1,296,502.00 to guarantee the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Exeter Section 4. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Exeter Section 4. SECTION II. The irrevocable bank letter of credit in a form approved by the Town Attorney from Nations Bank in the amount of $1,296,502.00 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 4. SECTION III. The contract for installation of public improvements authorized by Resolution 92-144 will be cancelled until the new contract and performance guarantee approved in Sections I and II above are executed and in effect. 93-16 - RESOLUTION - CANCELLATION OF THE CONTRACT FOR PUBLIC IMPROVEMENTS wrrH PULTE HOME CORPORATION FOR EXETER SECTION 6 OFFSITE IMPROVEMENTS AND RELEASE OF THE PERFORMANCE GUARANTEE WHEREAS, Council Resolution 92-138, adopted on July 28, 1992, authorized an agreement and approved a performance guarantee and water and sewer extension permits for the Exeter Section 60ffsite Improvements; and WHEREAS, a letter of credit from Nations Bank in the amount of $600,296.00 was provided as performance guarantee; and WHEREAS, all the public improvements identified as Exeter Section 60ffsite are included with the public improvements planned for installation as part of Exeter Section 4; and WHEREAS, the developer is now providing a performance guarantee to guarantee installation of all the public improvements in Exeter Section 4; and WHEREAS, the developer has requested that the current contract for installation of public improvements for Exeter Section 60ffsite be cancelled, and the letter of credit from Nations Bank in the amount of $600,296.00 be released. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION i. The current contrac~ ior installation of public improvements for the Exeter Section 6 Offsite Improvements will be cancelled when the new contract and performance guarantee for Exeter Section 4 are executed and in effect. SECTION II. The letter of credit from Nations Bank in the amount of $600,296.00 which guarantees the installation of public improvements for Exeter Section 6 Offsite Improvements, will be released when the new contract and performance guarantee for Exeter Section 4 are executed and in effect. 93-17 - RESOLUTION - AWrHORIZING A LETrER OF INTENT FOR POLICE VEHICLF~ REPLACEMENT -9- 450 WHEREAS, each year the Police Department is required to submit a Letter of Intent to the state authorized dealer to reserve the right to purchase replacement police vehicles; and WHEREAS, the Police Department recommends that Council authorize town staff to reserve six police vehicles for purchase in fiscal year 1994 to replace high mileage police vehicles; and WHEREAS, the adopted Capital Improvements Program for next fiscal year allocates $90,000 for police vehicle replacement; and WHERF_J~S, the Administration and Public Works Committee of the Town Council recommended that the letter of intent be issued with the condition that funds must be available in next year's budget before the purchase is authorized; and WHEREAS, the total purchase price for six vehicles will be $77,690; and WHEREAS, the price is the same price that the town paid for police vehicles two years ago. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized to submit a Letter of Intent to reserve six police vehicles for purchase in fiscal year 1994 on the condition that funds are available in the approved budget for fiscal year 1994. 93-18 - RESOLUTION ~ PROCLAIMING APRIL 3 AS THE OFFICIAL ARBOR DAY FOR THE TOWN OF LEESBURG WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and world; and WHEREAS, trees can reduce the erosion of topsoil, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, the Town of Leesburg has been recognized as a Tree City USA by the National Arbor Day Foundation for four consecutive years and desires to continue its tree planting ways: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: April 3 is hereby proclaimed as the official Arbor Day of the Town of Leesburg for 1993. 10. (f} MOTION On motion of, and duly seconded, the following resolution was proposed and adopted. 93-19 - RESOLUTION - SUPPORTING ARTICLE V PROPOSAL OF THE COUNCIL OF STATE GOVERNMENTS WHEREAS, more than 400 petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and WHE~, there should be a proper balance of national and state power in a federal system; the present mechanism for the states to initiate a constitutional convention has proved to be unworkable; and WHEREAS, an Intergovernmental Partnership Task Force has proposed in its 1989 report to the Intergovernmental Affairs Committee of the Council of State Governments, an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and WHEREAS, the Task Force's proposal enables the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both -10- 411 0 Z Houses within two years of the states' submission of the amendments; and WHEREAS, the General Assembly of Virginia, on March 7, 1990, adopted House Joint Resolution 140 supporting Article V Proposal of the Council of State Governments. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor and Town Council hereby supports to the Article V Proposal of the Council of State Governments and to House Joint Resolution 140 as adopted by the General Assembly of Virginia. DISCUSSION Ms. Umstattd stated that she believes it is dangerous to take any action that might result in the Constitution of the United States being weakened and made easier to amend. She stated she will vote against the proposed legislation. VOTE Aye: Councilmembers Atweik Bange, Blake and Webb Nay: Councilmember Umstattd, Mayor Clem Absent: Councilmember Trocino 10./i) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-20 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH LOUDOLrN COUNTY REGARDING BIRD CONTROL AT THE WOODS ROAD SOLID WASTE MANAGEMENT FACILITY AND LEESBURG MUNICIPAL AIRPORT WHEREAS, the County of Loudoun operates a sanitary landfill located approximately 2.5 miles southwest of the Town of Leesburg's MunicipalAirport, and the two facilities have co-existed for twenty years with no known problems associated with landfill related bird strikes to aircraft; and WHEREAS, the Federal Aviation Administration (FAA) has designated the Leesburg Airport as appropriate for significant growth as a regional air transport facility and as a feeder airport for general aviation and corporate jet traffic otherwise based at Washington Dulles InternationalAirport, and as a result of which designation an instrument landing system has been installed, a jetport for corporate aircraft has been built and an increase in turbine-powered aircraft based at the airport from eight in 1990 to more than 20 by the year 2000 is expected; and WHERFd~, the FAA has expressed concern over the potential for heightened risk of bird strikes to aircraft due to the increase in airport operations and the expansion of landfill size and use, despite the three- mile distance between the two facilities and no history of bird strikes; and WHEREAS, although the disposal cell of the Woods Road site will be located more than 10,000 feet from the end of the runway at the Leesburg Municipal Airport, which complies with the required exclusion distance specified in the existing Vir~nia Department of Waste Management regulations (VR-672-20-10), the pending revised solid waste regulations, and the criteria specified in the U.S. EPA RCRA Subtitle D regulations, the County of Loudoun and the Town of Leesburg wish to respond to the concerns of the FAA and to participate in a cooperative effort to address those concerns and initiate such programs and measures as may be needed to so do: BE IT THEREFORE RESOLVED that the Town of Leesburg agrees to cooperate with the County of Loudoun in all aspects of landfill and airport operations with respect to the control of potential bird hazard to air traffic at the Leesburg Municipal Airport and the Mayor is hereby authorized to execute the attached agreement. DISCUSSION Ms. Umstattd stated that the agreement, in general, appears to place nearly all of the burden on the town. She expressed concern with the agreement referencing environmentally safe insecticide application to control or eliminate earthworm, etc. She stated that she will vote against the proposed legislation because of the uncertain financial burden on the Town of Leesburg and the uncertainty of the insecticide effects. Mr. Blake stated that any insecticides would be approved by the state and federal agencies. -11- 412 VOTE Aye: Nay: Absent: 10. 0} MOTION Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem Councilmember Umstattd Councilmember Trocino On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-21 RESOLUTION APPROVING A SCHOLARSHIP PROGRAM FOR THE IDA LEE RECREATION CENTER WHEREAS, at the initial opening of the Ida Lee Reo'eation Center in July 1990, Town Council recommended a scholarship program be developed to enable financially disadvantagedindividuals and families utilization of the facility at no cost; and WHEREAS, a scholarship program was developed under the auspices of the Parks and Recreation Advisory Commission and funded through community donations; and WHEREAS, donations have declined requiting the program to be funded as a revenue loss; and WHEREAS, the Parks and Recreation Advisory Commission recommends the scholarship be continued with income criteria guidelines; and WHEREAS, the Parks and Recreation Advisory Commission recommends that residents of Loudoun County be eligible as recipients: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Parks and Recreation Advisory Commission is authorized to conduct a scholarship program for the financially disadvantaged. SECTION II. The Department of Social Services Food Stamp Income Criteria shall be utilized to determine eligibility. SECTION III. The scholarship program shall be available to Loudoun County residents. DISCUSSION Ms. Umstattd noted that donations have declined and the program would have to be funded as a revenue loss. She questioned the cost to the town and if it has been budgeted for? Mr. Huff explained that with a revenue loss, revenue is not taken in as with an admission fee. Each scholarship that is approved would be an $85.00 loss to revenue. Ms. Umstattd stated that she could see a scholarship program for Leesburg residents and their children. She noted that the County has turned down the town for funds stating the town should not be taking on the responsibility to provide scholarships for county residents as well when the town may not be able to meet all the needs of the town. Mr. Huff stated that the parks commission did discuss this matter. Mr. AtweH stated that it is incumbent upon the Town to be bigger than the problem with the County and provide adequate recreational facilities for those people who need it. Ms. Ban~e stated that the town would continue to go to the county with a request for funds and hopefully in the future when things are better the town would receive funds from the county. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem None Councilmember Trocino 10. (m) MOTION -12- 413 0 Z On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted. 93-22 - I~I=.SOLUTION - INITIATING AN AMENDMENTTO THE LEESBURG ZONING ORDINANCI~ SE(~JI'ION 5B.4(9) TO REDUCE ~ TWICE MONTHLy MEETING OF THE BOARD OF ARCHITECTURAL REVIEW TO ONCE A MONTH WHEREA~, the Planning and Zoning Committee on January 19, 1993 directed staff to prepare a resolution to initiate an amendment to the Leesburg Zoning Ordinance for reducing the number of Board of Architectural Review monthly meetings: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A proposed amendment to Section 5B-4(9) of the Leesburg Zoning Ordinance as shown below, is hereby referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended: Section 5B4. Application to Board for H-2 Architectural Control District Certificate of Approval (9) Public Meetings Required. The Board shah meet at least ~ once monthly to consider applications for COA's. The meetings of the Board shaH be open to the public and a full and impartial hearing shall be granted to the applicant. SECTION II. The Planning Commission shah report its recommendation to the Town Council on the proposed amendment within 90 days, pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. VOTE Nay: Absent: Councilmembers AtwelL Bange, Blake, Umstattd, Webb and Mayor Clem None Councilmember Trocino 10. (n) MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and adopted. 93-23 - RESOLUTION - AUTHORIZING A CONTRACT WITH BCM ENGINEERS, INC., FOR ENGINEERING SERVICES IN DESIGN OF THE PHASE II WPZ WATER SYSTEM IMPROVEMENTS PROJECT VvTIE~, the 1987 Water System Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988, recommended the development of a Western Pressure Zone to address inadequatepressures and fire flows in the northwest quadrant of the town's water service area, including existing services in Normandy Village, Foxridge, Fairview, Rock Spring and Ayrlee subdivisions; and WHEREAS, BCM Engineers, Inc., was selected to provide engineering design services for Phase I WPZ Improvements pursuant to Section 8-3 of the town's purchasing policy; and WHEREAS, plans and specifications were prepared by BCM Engineers, Inc., for Phase I WPZ Improvements in August 1990; and WHEREAS, it has been determined that it would be financially advantageous for the town to incorporate Phase II plans into the existing Phase I contract documents, through a sole source contract with BCM Engineers, Inc.; and WHEREAS, BCM Engineers, Inc., has submitted a lump sum contract proposal in the amount of $25,330.00 for Phase II engineering design services; and WHEREAS, 'the FY i993 budget includes a S40,000.00 appropriation for design of the WPZ PhaseC II improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to enter into a lump sum contract on behalf of the town, in a form approved by the town attorney with BCM Engineers, Inc., in the amount of $25,330.00 for engineering design services on the Phase II WPZ water system improvements project. VOTE -13- 414 Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmember Trocino NEW BUSINESS Ms. Umstattd asked the matter of the water usage by the PPPI be placed on the February 2, 1993, Administration and Public Works Agenda. On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m. Clerk of Council ~ ~ames E. Clem, Mayor Town of Leesburg