HomeMy Public PortalAbout1994_08_09257
TOWN COUNCIL MEETING MINUTES OF AUGUST 9, 1994
A regular meeting of the Leesburg Town Council was held on August 9, 1994, at 7:30 p.m. in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor.
INVOCATION was given by Councilmember Webb
SALUTE TO THE FLAG was led by Director of Planning, Zoning and Development Michael Tompkins
ROLL CALL
Councilmembers present
George F. Atwell
Frank J. Buttery, Jr. (absent)
Jewell M. Emswiller
Joseph R. Trocino (absent)
Kristen C. Umstattd (absent)
William F. Webb
Mayor James E. Clem
Staff members present
Deputy Town Manager Peter Stephenson
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Planner Marilee Seigfried
Public Information Officer Susan Farmer
Town Clerk Barbara Messinger
APPROVAL OF MINUTES
The special meeting minutes of June 29, 1994 and the regular meeting minutes of July 26, 1994 were referred
to the September 13, 1994 Council meeting.
PETITIONERS
Reese Stanley, a resident of 702 Bellview Court, N.E., addressed the Town Council representing a number
of residents in the Exeter subdivision. Mr. Stanley expressed concerns regarding the amount of water and
sewer bills. He presented examples of lower rates in other communities. He questioned how rates were
established and asked why they are higher than neighboring jurisdictions.
Mayor Clem stated that he would be happy to meet with the residents to explain the town's rate structure.
Greg Adams reported on August 4, 1994, Rivermeade Homes took down two very large trees designated to
be saved in the Rivermeade development. He stated he is saddened by this and that the town has the
authority to enact legislation to prevent this from happening. Mr. Adams made the following suggestions to
be considered by a Tree Commission: broaden the Town Plan for existing trees, employ an arborist, appoint
an independent tree committee, and revise the Town Plan and ordinances to indicate changes and provide a
clear incentives for developers. Mr. Adams asked for a public apology in the Loudoun Times-Mirror and
Leesburg Today from all responsible parties to all town citizens. He considered the incident a disgrace.
Greg Surrena, representing Rivermeade Homes, made a public apology for the loss of the trees in the
development. He stated that an arborist inspected the trees after they were brought down and found one tree
to be in very poor condition with a life expectancy of about two years. He pointed out that Rivermeade
Homes would do everything reasonably possible to ensure this does not happen again.
Ms. Emswiller suggested, as a good will gesture by Rivermeade, a replacement of larger trees than required.
PUBLIC HEARING: Special Exception Application #SE-94-01 Loudoun Auto Repair
Marilee Seigfried presented the staff report.
Mr. Arlo Hawkness and Ms. Sally Nathan patrons of the Loudoun Auto Repair strongly urged the Town
Council to approve item ll.(b).
Mayor Clem closed the public hearing.
LEGISLATION
258
MOTION
On motion of Mr. Webb, seconded by Mr. Atwell, the following ordinance was proposed and adopted.
94-0-27 - AN ORDINANCE: APPROVING SPECIAL EXCEPTION APPLICATION #SE-94-01
LOUDOUN AUTO REPAIR BY DARIUSH M. BEHROOZ
WHEREAS, Dariush M. Behrooz has requested special exception approval to locate an automobile
repair facility on Parker Court in the B-2 zoning district; and
WHEREAS, an automobile repair facility is a special exception use in the B-2 zoning district; and
WHEREAS, on August 4, 1994, the Planning Commission recommended approvalof special exception
#SE-94-01; and
WHEREAS, on August 9, 1994, 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 Virginia as follows:
SECTION I. Special exception application #SE-94-01 Loudoun Auto Repair identified as Tax Map
48G ((1)) Parcel 41 in the land records of Loudoun County as shown on the Special Exception Concept Plan
prepared by Marc Weiss & Associates dated June 30, 1994, is hereby approved.
SECTION II. Approval of the special exception concept plan does not authorize modifications to any
requirements to the Design and Construction Standards Manual, Subdivision and Land Development
Regulations, or the Zoning Ordinance except as specifically set forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
VOTE
Nay:
Absent:
Councilmembers Atwell, Emswiller, Webb, and Mayor Clem
None
Councilmembers Buttery, Trocino, and Umstattd
COUNCILMEMBER COMMENTS
Ms. Emswiller stated she has heard more concern about tree preservation in the Town of Leesburg, since
joining the Council, than any other issue. She requested there be more talk about making the Tree
Commission separate from the EAC.
Mr. Atwell seconded Ms. Emswiller's comments.
He referenced comments recently made regarding city status. He stated the General Assembly adopted a law
in 1986 that declared a moratorium on any town in the Commonwealth of Virginia becoming a city through
1997. Mr. Atwell sensed this law would be extended. He pointed out the Annexation Agreement of 1984
states the Town of Leesburg could not apply for city status for 25 years. He hoped this would put the issue
to rest for the next several years.
Mr. Webb agreed with Ms. Emswiller's comments regarding the tree ordinance and also agreed with Mr.
Atwell regarding city status. He stated the town cannot afford it and he would never vote for it.
Mr. Webb reported the Cable Commission meeting held on August 8, was very productive. He stated the
town has notified the FCC that it will be questioning rate increases, and conducting a quality review of the
cable company.
In response to why the present cable company was allowed to buy out the previous company, Mr. Webb
replied the Town of Leesburg cannot deny sale of one company to another.
Mr. Webb advised citizens to continue contacting the town office if they have cable complaints.
MAYOR'S REPORT
Mayor Clem applauded Susan Farmer and Richard Herndon for their efforts in handling cable concerns from
citizens.
MANAGER'S REPORT
8/9/94 CO -2-
259
Mr. Stephenson announced the loss of Steve Brown's mother, Shirley Brown. He asked, at Mrs. Brown's
request, that contributions be sent to the Methodist Children's Home at 500 Columbia Drive, Decatur,
Georgia, 30030.
RESOLUTION OF RESPECT
MOTION
On motion of Mr. Webb, seconded by Mr. Atwell, the following Resolution of Respect was proposed and
adopted.
RESOLUTION OF RESPECT
Reavis Claton Sproull
and
WHEREAS, Reavis Claton Sproull of Leesburg died on July 23, 1994, at Loudoun Hospital Center;
WHEREAS, Dr. Sproull was a retired chemist and educator who was involved in many environmental
causes in the community; and
WHEREAS, Dr. Sproull had served on the Leesburg Environmental Advisory Commission and was
a member of Keep Loudoun Beautiful; and
WHEREAS, Dr. Sproull was a lifetime member of the Leesburg Kiwanis Club and an active member
of Leesburg Presbyterian Church.
THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg in
Virginia extend their sympathy to Dr. Sproull's family and to all who knew him; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to his son, Claton, and daughter, Altajane S. Callahan.
VOTE
Aye:
Nay:
Absent:
LEGISLATION
11.(a)
MOTION
Councilmembers Atwell, Ems'wiRer, Webb, and Mayor Clem
None
Councilmembers Buttery, Trocino, and Umstattd
On motion of Mr. Webb, seconded by Ms. Emswiller, the following ordinance was proposed and adopted.
94-0-28 AN ORDINANCE: AMENDING THE LEESBURG SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS REGARDING EXTENSION OF
PRELIMINARY PLAT AND PLAN APPROVALS AND PRELIMINARY
DEVELOPMENT PLAN PROCESSING
WHEREAS, on September 2, 1993, the Leesburg Planning Commission requested the Town
Council to consider changes to the Subdivision and Land Development Regulations regarding extensions of
preliminary plat and plan approvals and preliminary development plan processing; and
WHEREAS, on October 12, 1993, Council forwarded Resolution #93-195 to the Planning Commission
for consideration of these amendments; and
WHEREAS, on November 18, 1993, the Planning Cnrarni.~sion held a public hearing on these
proposed amendments and subsequently forwarded a positive recommendation to Council to consider a
modified version of the amendments; and
WHEREAS, on July 12, 1994, the Town Council held a public hearing on these proposed
amendments; and
WHEREAS, revisions have been incorporated into the draft amendment as recommended by the
Planning and Zoning Committee of the Council:
8/9/94 CO -3-
260
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECFION I. The Town of Leesburg Subdivision and Land Development Regulations are hereby
amended as follows:
Adding a new Section 13-54 (b) and changing the designation of the existing (b) to (c)
SECTION 13-54. FEES
For extensions of a preliminary plat auuroval, the fee shall be $200 for an administrative approval
and an additional $150 if Planning Commission action is required.
Amending Section 13-57 by amending subsection (g) and adding a new subsection (h) as
shown below:.
SECTION 13-57. REVIEW AND APPROVAL OF PRELIMINARY SUBDMSION PLAT
(g)
Significance of Preliminary Plat Approval; Expiration of Preliminary Plats.
Preliminary plat approval is tentative and does not authorize the construction of any
improvements within the subdivision.
Approval of a preliminary plat shall be valid for a period of cng three year~_ from the date of
Commission,,~,,,,,o-+;~".
If a developer records a final plat, which may be a section of a subdivision, as shown on an
approved, unexpired preliminary plat and furnishes to the governing body a certified check, cash
escrow, bond, or letter of credit acceptable to the town in the amount of the estimated cost of
construction of the facilities to be dedicated within said section for public use and maintained by
the locality, the Commonwealth, or other public use &~..~ ...~..~..~--~:~+~:~ ~"wa +~..~ '~':~'.v~.~, ~..~
· ' ~]~+ ~l~.]] ~, ....11~1~.~ the developer
shah have the right to record the remaining sections shown on the preliminary plat for a period
of five years from the recordation date of the first section, subject to the terms and conditions
of this subsection and subject to engineering and construction standards and zoning requirements
in effect at the time that each remaining section is recorded.
One Year Extensions of Preliminary Plat Approval.
An applicant may request a one year extension of prelimina .fy plat approval. The Town will not
be responsible to notify applicants of the expiration date of an approved preliminary plat. No
more than two extensions will be considered in cases where an applicant has not recorded a final
plat for any section of the preliminary plat. The procedure to extend a preliminary plat approval
is as follows:
1_. A preliminary plat extension application and the associated processing fee must be
submitted at least 45 calendar days, prior to the expiration date of a preliminary plat.
An extension request will not be considered after the expiration of the plat.
Administrative approvals of extension applications will be granted provided the applicant
submits a written agreement that the construction drawings and final plats will comply
with all Town Ordinances in effect at the time of the requested extension, and no
revisions to the approved preliminary plat will be necessary to meet the current
regulations.
a. Staff will review the plat to certify if the plat is in compliance with the current
ordinances and that revisions to the plat are not necessary.
Following staff review, and within 15 working days of the date of submission, the
T~nd Development Official shall notify the applicant that the extension has been
granted or that further processing is required due to conflict with the current
ordinances. The decision of the Land Development Official shall be reported to
the Planning Commission at its next regularly scheduled meeting.
If an administrative approval cannot be considered, or a request is received less than 45
calendar days from the date of plat expiration, the additional processing fee will be
8/9/94 CO -4-
261
required. The extension application will then be placed on the next work session agenda
of the Planning Commission for consideration.
Prelin~inary plats that have been approved or conditionally approved prior to the adoption
of this amendment shall be treated as follows:
Prelimina .fy plats which have already received extensions of approval are eligible
for further one year extensions provided that a preliminary plat may not be valid
for more than five (5) years.
In addition, preliminary plats which have already received extensions of approval,
and whose original date of preliminary plat approval is before June 1, 1991, are
eligible for a maximum of two additional one year extensions.
Adding a new item ((k)) to Section 13-62 (b)(1)
SECTION 13-62. REQUIRED CONTENTS OF SUBDMSION PLATS
((k)) Include the following note on the Plat:
Prelimina .ry plat approval is initially valid for a period of three years.
One-year extensions of this approval will be considered annually. No
more than two extensions will be considered in cases where an applicant
has not recorded a final plat for any section of the preliminary plat. The
applicant will not receive any notification from the Town of this plat's
expiration. The applicant is responsible for filing an extension request
in accordance with the Town's ordinance in effect on the date of
application.
EXTENSIONS FOR DEVELOPMENT PLAN APPROVALS
Adding a new Section 13-54 (b) and changing the designation of the existing (b) to (c) etc.:
Section 13-54. FEES.
(b) For extension of a preliminary
administrative approval and an
required.
development plan approval, the fee shall be $200 for an
additional $150 if action by the Planning Commission is
Amending Section 13-66 as shown belows.
SECTION 13-66
FILING OF PRELIMINARY DEVELOPMENT PLAN
Following the pre-application conference, the applicant :?~! is authorized to submit a preliminary
development plan, and the application for approval of the proposed development to the Land Development
Official c~ :ct out hole':::. Preliminary development plan applications shall include the followin~
(a)
application for preliminary plan approval, in a form es approved by the Land
(b)
~-::cnW ~::c. Five (5) copies of the preliminary plan :h-A! bc submittal -:Ath thc application.
Additional copies may be required due to the number of agencies reviewing the application.
(c)
The application appllcc, nt~..~,~1`-" ~.~ .... '1`~..~ fee required for filing the., preliminary plan --'1`^-., ..~.. '1`~..~
SECTION 13-67
REVIEW AND APPROVAL OF PRELIMINARY DEVELOPMENT PLAN
262
Review for Completeness and Technical Accuracy.
The Land Development Official shall conduct an initial review of the application and preliminary
development plan for completeness and technical accuracy. Within fifteen (15) working days of
application submittal, the Land Development Official shall notify the applicant as to whether the
plan has been accepted or rejected based on significant deficiencies in the proposed prelimina .ry
plan application. Applications for prelimina .ry development plan approval which are deemed
incomplete shall not be accepted until the deficiencies have been properly addressed.
Referral of an Application to Review Agencies.
Upon acceptance of a complete application the Land Development Official shall request additional
copies of the complete application from the applicant and, upon receipt, shall forward the plan
and related information to the following review agencies as necessary:
Department of Engineering and Public Works
Fire Marshal
Leesburg Volunteer Fire Company
Loudoun County Department of Environmental Resources
Applicable utility companies
Virginia Department of Transportation, when such application affects a road maintained
by the Commonwealth of Virginia
Any other Federal, State, Town or County agency which may have cause to review the
application
Detailed Staff Review of Application.
The Land Development Official shall coordinate the review by referral agencies. The official
shall report in writing those corrections or additions deemed necessary by him and other officials
or agencies interested in the application as soon as the comments are available.
Planning Commission Review and Action.
The Planning Commission shall act on the application within sixty (60) calendar days of the time
the Land Development Official determines that the application is complete. The Planning
Commission shall act to approve the plan, approve the plan with revisions agreed to in writing
by the applicant~ or disapprove the plan. If the plan is disapproved, the Land Development
Official shall notify the applicant of such disapproval and shall set forth in writing the reasons
for the Planning Commission's disapproval and shall further specify the corrections or
modifications that would permit approval by the Planning Commission. This time period for
action may be extended by mutual agreement of both the town and the applicant.
Resubmittal of Preliminary Plans not Approved by the Commission.
The applicant may revise and resubmit an application and fee for preliminary plan approval, after
said plan has been disapproved by the Planning Commission. The resubmitted prelimina .ry plan
application shall be reviewed and processed in accordance with the procedures established in
Section 13-67 of these regulations.
Significance of Preliminary Development Plan Approval; Expiration of Preliminary Plans
Preliminary development plan approval is tentative and does not authorize the construction of
any improvements within the development.
Approvals or conditional approvals of an app!!~cn and _a preliminary plan shall be valid for cnc
year three years from the date of Commission action. The Commission may grant conditional
approval of ar. ap~!!cz,~c:'- ~-~ a preliminary plan"
A_n _] ........ nan A-~ if the applicant agree: provides ~ written agreement to make the
corrections or additions required by the Commission on the final development plan.
................................ v ............................. e~ .......... ecg}' cc. ch
The Land Development Official shall return to the applicant one copy of an application and
preliminary plan which as been disapproved by the Commission noted with the reasons for the
disapproval and non-conformance with this Article. The applicant shall be advised of the date
263
for second or subsequent consideration by the Commission and shall submit additions or
corrections of the application and plan to the Land Development Official at least seven days prior
to the date specified.
The Planning Commission shall approve any development plan that generally conforms with the
preliminary development plan, and conform to the Subdivision and Land Development
Regulations, the Zoning Ordinance and the Leesburg Design and construction Standards Manual,
latest edition and if nothing has come to the attention of the Commission that is materially
adverse or contrary to the requirements or purpose of these regulations, the location and
alignment of public facilities may be changed if necessary as the result of final engineering design
between the preliminary plan approval and the final plan submission. PrcE~2n~-7 -' .......... '
(i) Extensions of Preliminary Development Plan Approvals
An applicant may request a one year extension of preliminary plan approval. The Town will not
be responsible to noti ,fy applicants of the expiration date of an approved preliminary plan. No
more than three extensions will be considered for any plan. The procedure to extend a
preliminary plan approval is as follows:
1_. A written request to extend the preliminary plan approval and the associated fee must
be submitted at least 45 calendar days, prior to the expiration date of a preliminary plan.
An extension request will not be considered after the expiration of the plan.
Administrative approvals of extension requests will be granted, provided the applicant
submits a written agreement that the final development plan will comply with all Town
Ordinances in effect at the time of the requested extension, and no revisions to the
approved preliminary plan will be necessary to meet the current regulations.
Staff will review the plan to certify if the plan is in compliance with the current
ordinances and that revisions to the plan are not necessary.
Following staff review, and within 15 working days of the date of submission, the
Land Development Official shall notify the applicant that the extension has been
granted or that further processing is required due to conflict with the current
ordinances. The decision of the Land Development Official shall be reported to
the Planning Commission at its next regularly scheduled meeting.
If an administrative approval cannot be considered, or a request is received less than 45
calendar days from the date of plan expiration, the additional processing fee will be
required. The extension application will then be placed on the next work session agenda
of the Planning Commission for consideration.
Preliminary plans that have been approved or conditionally approved prior to the
adoption of this amendment shall be treated as follows:
((a)) Preliminary Plans which have already received extensions of approval are eligible
for further one year extensions provided that a preliminary plan may not be valid
for more than five (5) years.
((b))
In addition, preliminary plans which have already received extensions of
approval, and whose original date of preliminary plan approval is before June 1,
1991, are eligible for a maximum of two additional one year extensions.
Adding a new item ((k)) to Section 13-70(b)(1)
SECTION 13-70. REQUIRED CONTENTS OF PRELIMINARY DEVELOPMENT PLAN
((k)) Include the following note on the plan:
Preliminary plan approval is initially valid for a period of three years. One-year
extensions of this approval will be considered annually for two successive years.
The applicant will not receive any notification from the Town of this plan's
expiration. The applicant is responsible for filing an extension request in
accordance with the Town's ordinance in effect on the date of application.
SECTION II. All prior ordinances in conflict herewith are repealed.
264
SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any
remaining provisions of the zoning ordinance.
VOTE
Nay:
Absent:
11.(c~
MOTION
SECTION IV. This ordinance shall be in effect upon its passage.
Councilmembers Atwell, Emswiller, Webb, and Mayor Clem
None
Councilmembers Buttery, Trocino, and Umstattd
On motion of Mr. Webb, seconded by Ms. Emswiller, the following ordinance was proposed and adopted.
94-0-29 - AN ORDINANCE: AMENDING TOWN CODE SECTION 10-48 THE FEE CHARGED FOR
THE REPLACEMENT OF LOST LICENSE DECALS
WHEREAS, Town Code Section 10-48 provides for a fee of $1.00 to be charged by the town
treasurer for the replacement of a lost or mutilated vehicle license decal; and
WHEREAS, it has been estimated that the actual cost to the town to issue a replacement decal
is $10.00.
THEREFORE, ORDAINED by the Council of the Town of Leesburg that Town Code Section 10-
48 is hereby amended as follows:
Sec. 10-48. Replacement of lost, etc., decals.
In the event that any license decal issued under the provisions of this article shall be ~1
or mutilated or shall become illegible, the person who is entitled thereto shall make immediate
application for and obtain a duplicate or substitute therefore, upon furnishing information of such fact
satisfactory to the town treasurer, and upon the payment of a fee of $1.99 $10.00 to the town treasurer
or other agent of the town appointed for that purpose.
This ordinance shall be in effect upon passage.
VOTE
Nay:
Absent:
Councilmembers Atwell, Emswiller, Webb, and Mayor Clem
None
Councilmembers Buttery, Trocino, Umstattd
11.(d),(e),(f),(g),(h),(i),(i),(k),(l),(m),(n),(o)
MOTION
On motion of Mr. Webb, seconded by Mr. Atwell, the following resolutions were proposed as consent and
adopted.
94-166 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR GREENWAY FARM SECTION 4A
WHEREAS, Council Resolution #94-105, adopted on May 24, 1994, authorized an agreement for
installation of public improvements and approved water and sewer extension permits for Greenway Farm
Section 4; and
WHEREAS, the developer, Trafalgar House, did not provide a performance guarantee for the
public improvements; and
WHEREAS, the final subdivision plat for Greenway Farm 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
265
WHEREAS, the developer has divided Section 4 into two parts, Section 4A and 4B; and
WHEREAS, the estimated cost to install the public improvements shown on the approved
construction drawing~ for Greenway Farm Section 4A is $220,000.00; and
WH~, the developer proposes to provide a corporate surety bond from American Home
Assurance Company in the amount $220,000.00 to guarantee the installation of the public improvements
shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm
Section 4A.
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
Greenway Farm Section 4A.
SECTION II. The corporate surety bond in a form approved by the Town Attorney from
American Home Assurance Company in the amount of $220,000.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Greenway Farm Section 4A.
SECTION IH. The contract for installation of public improvements authorized by Resolution
#94-105 will be cancelled after the new contract and performance guarantee approved in Sections I and
II above are executed and in effect.
94-167 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR GREENWAY FARM SECTION 4B
WHEREAS, Council Resolution #94-105, adopted on May 24, 1994, authorized an agreement for
installation of public improvements and approved water and sewer extension permits for Greenway Farm
Section 4; and
WHEREAS, the developer, Trafalgar House, did not provide a performance guarantee for the
public improvements; and
WHEREAS, the final subdivision plat for Greenway Farm 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 has divided Section 4 into two parts: Section 4A and Section 4B; and
WHEREAS, the estimated cost to install the public improvements shown on the approved
construction drawings for Greenway Farm Section 4B is $655,000.00; and
WHEREAS, the developer proposes to provide a corporate surety bond from American Home
Assurance Company in the amount $655,000.00 to guarantee the installation of the public improvements
shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm
Section 4B.
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
Greenway Farm Section 4B.
SECTION II. The corporate surety bond in a form approved by the Town Attorney from
American Home Assurance Company in the amount of $655,000.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Greenway Farm Section 4B.
SECTION III. The contract for installation of public improvements authorized by Resolution
#94-105 will be cancelled after the new contract and performance guarantee approved in Sections I and
II above are executed and in effect.
94-168 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
GREENWAY FARM SECTION 5
266
RESOLUTION:
-10-
AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR GREENWAY FARM SECTION 4B
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for the improvements shown on the plans
approved by the Director of Engineering and Public Works for Greenway Farm Section 5.
SECTION II. The extension of municipal water and sewer for Greenway Farm Section 5 is
approved in accordance with Section 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from
American Home Assurance Company in the amount of $763,453.90 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Greenway Farm Section 5.
94-169 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING WATER AND
SEWER EXTENSION PERMITS FOR GREENWAY FARM PUBLIC
RECREATION AREA
WHEREAS, construction drawings and final plat for Greenway Farm Public Recreation Area have
been approved; and
WHEREAS, the developer, Trafalgar House, wishes to proceed with installation of the pubic
improvements without providing a performance guarantee; and
WHEREAS, the final subdivision plat for Greenway Farm Public Recreation Area cannot be
recorded until all the public improvements are completed and accepted by the Town Council or a
performance guarantee acceptable to the Town Council is provided by the developer.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute the contract for public improvements with Trafalgar
House for the improvements shown on the plans approved by the Director of Engineering and Public
Works for Greenway Farm Public Recreation Area.
SECTION II. The extension of municipal water and sewer for Greenway Farm Public
Recreation Area is approved in accordance with Section 15-9 and 19-18 of the Town Code.
94-170 - A RESOLUTION: INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG
DESIGN AND CONSTRUCTION STANDARDS MANUAL
WHEREAS, the Leesburg Design and Construction Standards Manual (DCSM), which is part
of the Subdivision and Land Development Ordinance, was adopted by the Town Council on June 27, 1990
and provides for an annual review and revision of the document; and
WHEREAS, the first revision was initiated on August 1, 1991 and a draft of the First Revision
was issued on November 3, 1993 by the Revision Committee; and
WHEREAS, the First Draft Revision was reviewed by a committee of the Northern Virginia
Building Industry Association (NVBIA) which issued comments to the town staff; and
WHEREAS, the Second Draft Revision was issued on May 4, 1994; and
WHEREAS, the NVBIA Committee has reviewed the Second Draft Revision and recommended
it be forwarded to the Town Council; and
WHEREAS, revisions to the town's Subdivision and Land Development Ordinance must be
referred to the Planning Commission for a recommendation to the Town Council in accordance with
Section 15.1-472 of the 1950 Code of Virginia, as amended.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The proposed amendments to the Leesburg DCSM consisting of the Second Draft Revision dated
267
May 4, 1994 are hereby referred to the Planning Commission for its review and recommendation. The
Planning Commission shall hold a public hearing to consider these proposed amendments to the DCSM,
which is part of the Subdivision and Land Development Ordinance, and report its recommendation to
the Town Council pursuant to Chapter 11 Title 15.1-472 of the 1950 Code of Virginia~ as amended.
94-171 - A RESOLUTION: MAKING AN APPROPRIATION TO PROVIDE FOR FUNDING FOR
A DEPARTMENT OF CRIMINAL JUSTICE SERVICES GRANT
WHERFa~, on July 12, 1994, the town was notified by the Department of Criminal Justice
Services of the award of a federal grant which provides funding to assist the police department with drug
investigations; and
WHEREAS, the total grant award is $44,557 with $33,418 in federal funds and $11,139 in town
matching funds; and
WHEREAS, an appropriation is required before this program can be implemented.
'THEREFORE, RESOLVED by the Council for the Town of Leesburg in Virginia as follows:
SECTION I. The town accepts the Department of Criminal Justice Services grant as identified
in the July 12, 1994, notice of grant award.
SECTION II. An appropriation is authorized in the amount of $35,557 to Account No.
200.3101.100.101 Police Salaries for the hiring of a drug investigator and $9,000 to Account No. 200,
3101.700.732 Police Equipment for the purchase of a police vehicle and computer.
SECTION Ill. A revenue Account No. 200.1800.815.000 Department of Criminal Justice Services
grant is hereby established in the amount of $33,418.
94-172 - A RESOLUTION: AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, on July 12, 1994 the town was notified by the Commonwealth of Virginia,
Department of Criminal Justice Services of the award of a state grant which provides funding to assist
the police department with drug investigations; and
WHEREAS, this will enable the town to hire one additional police officer.
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 are amended as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council 1
EXECUTIVE DEPARTMENT
Manager
Deputy Town Manager
Asst. Town Manager for Economic Development
Executive Secretary
Personnel Officer
Public Information Officer
Secretary
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
Accounting Clerk III
Accounting Clerk I
Systems Technician
Finance Technician
268
RESOLUTION:
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AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR GREEN-WAY FARM SECTION 4B
Clerk Typist
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corporal
Police Officer 1st Class
Police Officer
Administrative Secretary
Secretary
Parking Control Officer
Data Entry Clerk
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Engineer H - Transportation
Administrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Plan Review
Chief of Operations/Inspections
Engineer II
Contracts Administrator
Senior Inspector
Facility Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker II
Maintenance Worker I
Data Entry Clerk P/T
Laborer
EQUIPMENT MAINTENANCE
Superintendent
Heavy Equipment Operator
Mechanic II
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
1
1
4
1
1
3
1
2
6
6
.5
5
1.5
269
Asst. Zoning Administrator
Zoning & Development Assistant
Administrative Secretary
Secretary
PARKS AND RECREATION
Director of Parks and Recreation
As~ Director of Recreation
Administrative Secretary
Center Coordinator
Recreation Supervisor
Parks Coordinator
Center Supervisor
Aquatics Supervisor
Desk Clerk (2 part-time)
Recreation Attendant (part-time)
Lifeguard (part-time)
Building Supervisor (part-time)
Weight Room Attd.
Groundskeeper
Clerk Typist
LIBRARY
Library Coordinator
Library Aide
UTILITIES
ADMINISTRATION
Director of Utilities
Asst. Director of Utilities
Senior Utility Plant Mechanic
Administrative Secretary
Asst. Utility Plant Mechanic
Capital Projects Representative
Laborer
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Operator
Process Coordinator
Laboratory Coordinator
Operator II
Operator III
Equipment Operator
Operator IV
Laborer
UTILITIES LINES
Superintendent
Asst. Superintendent Maintenance
Asst. Superintendent Construction
Maintenance Worker II
Maintenance Worker I
Meter Technician
Laborer
WATER SUPPLY
Superintendent
Senior Operator
1
1
1
1
1
1
1
2
3
2.3
8.4
.5
.7
.7
1
1
1
2
1
1
3
1
1
2
1
270
RESOLUTION:
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AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR GREENWAY FARM SECTION 4B
Operator I
Operator II
Operator IV
4
1
1
AIRPORT
Airport Supervisor
Airport Office Manager
Airport Operations/Customer Services Specialist (part-time)
2
1
.5
TOTAL PERSONNEL AUTHORIZED
Full-time Equivalent
179.1
(part-time positions inclusive in total above)
15.1
94-173 - A RESOLUTION: MAKING SUPPLEMENTAL APPROPRIATIONS TO THE GENERAL
FUND BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1994
WHEREAS, an analysis of the general fund budget for the fiscal year ending June 30, 1994,
indicates a need for supplemental appropriations in several departments to avoid operating deficits at
fiscal year end; and
WHEREAS, a report of this analysis was prepared and submitted to the Council on August 1,
1994, which identified the departments and the amounts required for supplemental appropriations
totalling $196,562.
THEREFORE, RESOLVED by the Council of the Town of Leesburg that supplemental
appropriations are authorized from the unappropriated general fund balance for the fiscal year ending
June 30, 1994, to the departments and in the amounts identified in the report to the Town Council dated
August 1, 1994, a copy of which is attached.
94-174 A RESOLUTION: AUTHORIZING THE CHARGE-OFF OF UNCOLLECTIBLE
PERSONAL PROPERTY TAXES FOR 1988
WHEREAS, the 1950 Code of Virginia, as amended, Section 58.1-3940 provides for collection of
local personal property taxes to be enforceable for only five years following December 31 of the year for
which such taxes were assessed; and
WHEREAS, the town's financial records contain outstanding personal property taxes for the year
1988, in the amount of $14,134.57.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Director of Finance is authorized to charge-off from the town's financial records the list of
all outstanding personal property taxes for the year 1988 provided to the Town Council in accordance
with Section 17-5 of the Town Code as of June 30, 1994.
94-175 - A RESOLUTION: APPROPRIATING AND AUTHORIZING A DONATION TO THE
LEESBURG KIWANIS CLUB TO SPONSOR THE YOUTH BASEBALL
TEAM AT THE NATIONAL AAU JUNIOR OLYMPICS
WHEREAS, Messrs. Tim Horner, Scan Gibbs, and Jay Lakin of the Leesburg Kiwanis Club
appeared before the Town Council on July 26, 1994, to request Council consideration of a donation to
support the Kiwanis youth baseball team's trip to the 28th National AAU Junior Olympics; and
WHEREAS, the Kiwanis Club has raised approximately half of the estimated $9,000 expense to
send the youth baseball team to Florida for the AAU Junior Olympics; and
WHEREAS, the Town Council's Finance Committee on August 2, 1994, recommended a
sponsorship donation of $2,500 to the Leesburg Kiwanis Club:
271
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropria~on of $2,500 is hereby made from the General Fund Unappropriated Fund Balance,
and is authorized to be made as a donation to the Leesburg Kiwanis Club to assist in sponsoring their
youth baseball team at the 28th National AAU Junior Olympics in Florida.
94-176 - A RESOLUTION: AWARDING A PURCHASE CONTRACT FOR A BRUSH CHIPPER
WHE~, sealed bids were received for a brush chipper; and
WHEREAS, the lowest responsive and responsible bidder was MSC Equipment; and
WHEREAS, the Department of Engineering and Public Works recommends award of the contract
to the lowest responsive and responsible bidder.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized to execute a purchase contract for a brush chipper with MSC
Equipment in accordance with the bid documents and specifications in the amount of $15,646.00.
94-177 - A RESOLUTION: AWARDING A PURCHASE CONTRACT FOR LEAF VACUUM MACHINES
WHEREAS, sealed bids were received for leaf vacuum machines; and
WHEREAS, the lowest responsive and responsible bidder was the Old Dominion Brush Company
of Richmond, Virginia; and
WHEREAS, the Department of Engineering and Public Works recommends award of the contract
to the lowest responsive and responsible bidder.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized to execute a purchase contract for two leaf vacuum machines
with Old Dominion Brush Company in accordance with the bid documents and specifications at a price
of $12,845.00 each for a total of $25,690.00.
VOTE
Aye:
Nay:
Absent:
Councilmembers Atwell, Emswiller, Webb, and Mayor Clem
None
Councilmembers Buttery, Trocino, and Umstattd
NEW BUSINESS
12.(o)
MOTION
On motion of Ms. Emswiller, seconded by Mr. Webb, the following resolution was proposed and adopted.
94-178 - A RESOLUTION: AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL TO
AMEND SECTION 5A (OLD AND HISTORIC DISTRICT) OF THE LEESBURG
ZONING ORDINANCE, UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950
CODE OF VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of a public hearing with the Town Council to consider amending Section 5A (Old and
Historic Overlay District) to include a reference to the Design Standards adopted by the Board of
Architectural Review (BAR), and several editorial changes as recommended by the Planning Commission,
shall be published in Leesburg Today on September 14 and September 21, 1994 for the public hearing
on September 27, 1994, pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. The
public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be
held in the Council Chambers, 25 West Market Street, N.W., Leesburg, Virginia. The clerk shall publish
notice of this hearing and the Council's intention to consider this amendment to the Leesburg Zoning
Ordinance.
272
RESOLUTION:
AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR GREENWAY FARM SECTION 4B
VOTE
Aye:
Nay:
Absent:
12.(q)
MOTION
Councilmembers Atwell, Emswiller, Webb, and Mayor Clem
None
Councilmembers Buttery, Trocino, and Umstattd
On motion of Mr. Atwell, seconded by Ms. Emswiller, the following resolution was proposed and adopted.
94-178 - A RESOLUTION: APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF LOUDOUN AND THE TOWN OF LEESBURG ON THE
TRANSFER AND OPERATION OF THE THOMAS BALCH LIBRARY
WHEREAS, the Leesburg Town Council accepted the Loudoun Board of Supervisors offer to
transfer the building, property and contents of Thomas Balch Library to the Town of Leesburg on March
22, 1994, with the adoption of Resolution No. 94-56; and
WHEREAS, the Town of Leesburg assumed the maintenance and operation of the Thomas Balch
Library on July 1, 1994; and
WHEREAS, the Town of Leesburg and the County of Loudoun have worked diligently to prepare
a mutually acceptable agreement or Memorandum of Understanding regarding the specific conditions of
the transfer and operation of Thomas Balch Library; and
WHEREAS, approval of the attached Memorandum of Understanding is in the public interest
and welfare.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The attached Memorandum of Understanding between the County of Loudoun and the Town of
Leesburg on the transfer and operation of the Thomas Balch Library is hereby approved.
VOTE
Nay:
Absent:
Councilmembers Atwell, Emswiller, Webb, and Mayor Clem
None
Councilmembers Buttery, Trocino, and Umstattd
MOTION
On motion of and duly seconded, the meeting was adjourned at 8:30 p.m.
James E. Clem, Mayor
Clerk of Council