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HomeMy Public PortalAbout1994_10_11TOWN COUNCIL MEETING MINUTES OF OCTOBER 11, 1994 A regular meeting of the Leesburg Town Council was held on October 11, 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 Town Manager Steven C. Brown ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas Mason Director of Planning, Zoning, and Development Michael Tompkins Planner Marilee Seigfried Planner II Kristie Lalire Public Information Officer Susan Farmer Town Attorney George Martin Town Clerk Barbara Messinger Planning Commission members present Clifton Vaughan B.J. Webb Mike Belles Gus Glikas Mervin Jackson APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the special meeting minutes of September 30, 1994 were approved as corrected by Mr. Webb. The regular meeting minutes of September 27, 1994 were approved as written. VOTE Aye: Nay: Abstain: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd MOTION On motion of Mr. Atwell, seconded by Ms. Umstattd, the following proclamation was proposed and adopted. PROCLAMATION ESTABLISHING LEESBURG FOUNDER'S DAY OCTOBER 12, 1994 WHEREAS, the people of Leesburg should be mindful of, and celebrate the 18th century history and traditions of our Town; and WHEREAS, in September 1758 "sundry inhabitants" from the County of Loudoun petitioned Virginia's Colonial Assembly of Burgesses for the establishment of a town on lands then owned by Nicholas Minor; and WHEREAS, the following persons agreed to be the first managers and directors in furtherance of the founding of a town, therefore, are confirmed to be Founders of the Town of Leesburg: Nicholas Minor, James Hamilton, Anthony Russell, Josias Clapham, Aeneas Campbell, Thomas Sorrell and John Hough; and WHEREAS, the following persons as subscribers and purchasers of town lots prior to the establishment of Leesburg, are also confirmed to be Founders ef the Town of Leesburg: Israel Thompson, Michael Stoker, John Moss Senr, Daniel Davis, Andrew Link, Joseph Janney, Michael Leatherman, Daniel Miller, Stephen Emery, Benjamin Edwards, James Abbett, Mahlon Janney, James Hamilton, John Hough, John Poultney, Bernard Wren, William Dodd, Jacob Pt'haw, John Westby, Peter Creger, John Gladdin, Rodolphus Eltinge, Robert Adams, and Andrew Adams; and WHEREAS, in September 1758, the Colonial Assembly of Virginia passed an Act for erecting a town where Nicholas Minor, "hath laid off sixty acres of his land, adjoining the court- house of the said county, into lots, with proper streets for a town, many of which lots are sold, and improvements made thereon...". (Hening's Statute of Virginia, 7-235); and WHEREAS, on October 12, 1758, Virginia'sLt. Governor Francis Fauquieron behaff of King George II gave assent for the establishment of a town to be called Leesburg, where freeholders and inhabitants thereof "shall forever hereafter enjoy the same privileges which the inhabitants of other towns now enjoyS; and WHEREAS, in the Act of Assembly, the following persons were appointed as first Trustees of Leesburg, and as such were authorized to manage and govern the Town of Leesburg, by establishing rules and regulations for the more regular and orderly building of the houses: the Honorable Philip Ludwell Lee, esquire, Thomson Mason, esquire, Francis Lightfoot Lee, James Hamilton, Nicholas Minor, Josias Clapham, Aeneas Campbell, John Hough, Francis Hague, and William West; and Therefore, IT IS PROCLAIMED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. October 12, 1758 shall henceforth be recognized as the true date of the founding of the Colonial Town of Leesburg. SECTION II. October 12, 1994 is established and declared to be "Founder's Day~ for the Town of Leesburg, to commemorate and celebrate two-hundred and thirty six (236) years of growth of our unique and historic community. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None PETITIONERS Ann Hart thanked the Town Council for its support of the Antique Guide. Dr. Catherine Bourgeois announced the opening of Quantum Chiropractic & Holistic Healing Center. Margaret Hyer, Dr. Oscar Rasmussen, and Cyndi Goldberg briefly described their professional affiliationwith the center. Sommerfield Tillett, a resident of 308 Morven Park Court, N.W., addressed the Council regarding #ZM-140. He opposed the application and expressed concerns with setting a precedent. Hubbard Turner spoke in opposition to #ZM-140. His statement is made a part of the official record. Randall Poland, a resident of 303 Morven Park Court, N.W., addressed the Council in oppossition of #ZM- 140. Bruce Lamhert, a resident of 306 Morven Park Court, N.W., spoke against #ZM-140. ~IOINT PUBLIC HEARING: #ZM-141 Potomac Crossing proffer and concept plan amendment Marilee Sei~fried presented the staff report. Mayor Clem stated this is a town initiated proffer amendment. Buddy Fletcher, representing the School Board, summarized the actions of the School Board dated September 13, 1994. Doug Fleming, representing Arcadia Development, thanked all the individuals involved with this amendment. Mayor Clem closed the public hearing. There was no public comment. COUNCILMEMBER COMMENTS Mr. Buttery announced there would be a talk held on Founder's Day - October 12, 1994 - at 7:30 p.m. at the Co101194 -2- Presbyterian Church regarding the origination of Leesburg. He also announced P. Buckley Moss would be at the Medlin Art Gallery on October 12, 1994 from 5 - 9 pm. Ms. Umstattd congratulated Loudoun County High School seniors for their participation in the American Legion Girls and Boys State programs over the summer. Mr. Webb stated the Cable Commission and Cablevision are preparing for a five year renewal of a franchise agreement. He questioned the progress on town road projects and requested an update at the next council meeting. Mr. Trocino was pleased with the county decision to locate the county complex in downtown Leesburg. He asked for a *relook~ at FAR densities downtown hoping to encourage further investment in Leesburg. He asked for a council listening session regarding the siren issue. Mr. Trocino announced he would be attending the VML conference in Norfolk the week of October 16, 1994. Mr. Trocino referenced town status, stating the Town of Leesburg is now the 2nd largest town in Virginia. Mr. Atwell echoed Mr. Trocino's comments pertaining to the county complex. He thanked the majority of the Board of Supervisors for their efforts. He stated that as a result of the council workshop on Friday, the agenda is much improved over the past. Ms. Emswiller thanked the majority of the Board of Supervisors for their decision on the county government center. She encouraged everyone to attend the Battle of Leesburg reenactment scheduled for October 22 and 23, 1994. She stated a conference was held recently at Landsdowne to discuss pharmacy/healthcare in the future. Ms. Emswiiler stated visitors at the conference were impressed with Leesburg. MAYOR'S REPORT Mayor Clem thanked the town's street department staff for the cleanliness of the town. He referred to the siren issue, suggesting the county take the lead in asking for funds to upgrade the communications system in Loudoun County. He announced the Habitat for Humanity dedication was held on Sunday, October 9, 1994. MANAGER'S REPORT Mr. Brown thanked the Council for waiving the availability fees for the lot donated to the Habitat for Humanity. He thanked Mouncey, Ferguson and Associates, Jim Gahres, and the LEDC for their quick action to revise the town's ad campaign due to Disney's decision. Mr. Brown encouraged everyone to attend the upcoming Battle of Leesburg and also the Leesburg Hauntings. He announced the committee meetings of October 18, 1994 have been rescheduled to October 19, and the Town Council meeting of November 8, 1994 has been rescheduled to November 9, 1994. Mr. Webb reported the Planning Commission recommended unanimous approval of Substitute ll.(a). LEGISLATION 11.(a) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and unanimously adopted. 94-0-31 - AN ORDINANCE: APPROVING REZONING APPLICATION #ZM-141 TO AMEND THE EXISTING PROFFER/CONCEPT PLAN ESTABLISHED FOR #ZM-66 POTOMAC CROSSING IN LEESBURG BY ARCADIA DEVELOPMENT Co101194 -3- COMPANY WHEREAS, on September 13, 1994, the Town Council received and referred to the Planning Commission an application for a proffer and concept plan amendment to the Potomac Crossing Planned Residential Community (PRC); and WHEREAS, on October 11, 1994, the Town Council and Planning Commission held a joint public hearing to consider this application; and WHEREAS, the Planning Commission recommended to Council approval of #ZM-141 Potomac Crossing proffer and concept plan amendment following the joint public hearing; and WHEREAS, the proffer and concept plan amendment substitutes a pedestrian-activatedsignal and crosswalk for a pedestrian underpass, and modifies the setback requirements for elevated decks in Sections 2 & 3 of the Potomac Crossing PRC; and WHEREAS, this rezoning request is in the interest of public necesgity, convenience, general welfare and good zoning practice. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. Pursuant to Section 15.1-491(a) of the Code of Virginia (1950, as amended), the property owners and applicant, for themselves and their successors or assigns (hereinafter collectively referred to as the "Applicant") proffer that the development of the property known as Potomac Crossing in Leesburg, Virginia will be in accordance with the proffered conditions approved as part of rezoning application ZM-66 and as amended by rezoning applications ZM-84 and 131 and as further amended hereby, if and only if this application is granted. These amended proffered conditions, if accepted, amend the proffers existing for the property. I. Proffer Number 5 of the Proffers for Potomac Crossing PRC Rezoning Plan Number ZM-66 (as such proffers may have been previously amended) regarding a pedestrian underpass shall be deleted. Applicant agrees to substitute the following Proffer for current Proffer Number 5: Applicant agrees to install a pedestrian-operatedtraffic control signal on Battlefield Parkway at the intersection of Battlefield Partway and Shanks Evans Drive at such time as Battlefield Parkway is constructed to four lanes through the intersection of Battlefield Parkway and Shanks Evans Drive. II. Applicant agrees to an amendment of Potomac Crossing PRC Rezoning Plan Number ZM-66 to allow encroachments into rear yard setbacks for decks in Sections 2 and 3, Potomac Crossing, as follows: An elevated deck, three (3) feet above grade or higher, can encroach a maximum of ten (10) feet into the minimum required rear yard setback for all townhomes in Sections 2 and 3 and a maximum of five (5) feet into the required rear yard setback for all single-family detached homes in Sections 2 and 3. SECTION II. All other proffers not modified hereby shall remain in full force and effect. SECTION III. This ordinance shall be effective upon its passage. VOTE Aye: Councilmembers Atweil, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None ll.(b) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and adopted. 94-0-32 - AN ORDINANCE: AMENDING THE TOWN PLAN AND THE LEESBURG ZONING MAP AND APPROVING A REZONING APPLICATION FOR #ZM-140 U.S.C.T.A HEADQUARTERS BY THE WESTMORELAND DAVIS MEMORIAL FOUNDATION~ INC. WHEREAS, on February 16, 1994, the Town Council received and referred to the Planning Commission an application to rezone a 4.2-acre tract of land located northwest of the intersection of Morven Park Road and Old Waterford Road from R-1 to O-1 with proffers; and Co101194 -4- WHEREAS, on April 21, 1994, the Planning Commission held a public hearing to consider this application; and WHEREAS, on June 8, 1994, the AADP Joint Policy Review Committee voted to amend the Annexation Area Development Policies if the Town Council approves rezoning #ZM-140 U.S.C.T.A Headquarters; and WHEREAS, on June 16, 1994 the Planning Commission recommended conditional approval of this application and approved a variation to Sections 13-73 (d) and (g) of the Subdivision and Land Development Regulations to permit the applicant to provide a rural road section that meets the town standards for a local collector; and and WHEREAS, on July 26, 1994, the Town Council held a public hearing to consider this application; WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare and good zoning practice; and WHEREAS, the proposed amendment is consistent with the spirit and intent of the Town Plan to promote economic development within the Town; and WHEREAS, the rezoning and Town Plan amendment proposal promotes the general welfare and is a public benefit to the community by creating economic development opportunities; and WHEREAS, the scale and intensity of the proposed development is compatible with surrounding uses. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. The Town Plan Land Use Policy Map is hereby amended to change the land use designation of the above-referencedproperty from Low Density Residentialto Office as described in Rezoning and Town Plan Amendment Application #ZM-140 U.S.C.T.A. Headquarters by the Westmoreland Davis Memorial Foundation, Inc. SECTION II. Rezoning application #ZM-140 U.S.C.T.A. Headquartersby the Westmoreland Davis Memorial Foundation Inc. is hereby approved and the Town of Leesburg Zoning District Map is amended to change the zoning on a 4.2 acre parcel of land from R-1 to O-1 with proffers. The subject property is located at the northwest intersection of Morven Park Road and Old Waterford road and is further identified as Loudoun County Tax Map 48 Parcel 8 as shown on the Rezoning Concept Plan prepared by Paciulli, Simmons & Associates, Ltd. dated revised June 13, 1994. Pursuant to Section 15.1-491(a) of the Code of Virginia, and Section 13A~12 of the Zoning Ordinance of the Town of Leesburg in Virginia (1990), the Applicant herein, Westmoreland Davis Memorial Foundation, Incorporated (the 'Applicant"), as the record owner of Loudoun County Tax Map Parcel 48-8 (th6 'Subject Property"), hereby proffers that, in the event that the Town Council of the Town of Leesburg in Virginia enacts legislation rezoning the Subject Property from the R-1 zoning district to the O-1 zoning district, as requested in Rezoning Application #ZM-140, and incorporating this Proffer Statement, development of the Subject Property shall take place in substantial conformance with the proffered conditions listed below. Development of the Subject Property shall be in conformance with the Rezoning Concept Plan prepared by Paciulli Simmons & Associates, and dated January 27, 1994, as revised June 13, 1994 (the "Rezoning Concept Plan"), subject to engineering changes and adjustments as required by Town of Leesburg ordinances and regulations during the development plan approval process. The record owner of the Subject Property or its successors-in-interest shall dedicate, free and dear of all liens, at time of approval of the first final development plan or first record plat for the Subject Property, whichever occurs first, sufficient right-of-way to allow for a thirty foot (30') right-of-way from the existing centerline of State Route 688 COld Waterford Road") along the frontage of the Subject Property. o The record owner of the Subject Property or its successors-in-interest shall construct frontage improvements west of the centerline of Old Waterford Road in accordance with VDOT standard GS- 8, which frontage improvements shall be limited to twelve feet (12') of pavement measured from the centerline of Old Waterford Road, and shoulder as per VDOT Standard GS-8 along the edge of the Subject Property fronting on Old Waterford Road. In constructing the frontage improvements described in the previous sentence, the vertical alignment of Old Waterford Road shall be preserved. Construction of the frontage improvements described in this paragraph shall also be in accordance with Town of Leesburg standards, and shall be completed prior to the signature of the Zoning Administrator on a Certificate of Occupancy for the first office building constructed on the Subject Property. Co101194 -5- The record owner of the Subject Property, or its successor in interest shall reserve sufficient fight-of- way along the frontage of the Subject Property along Old Waterford Road for the construction by others of a six foot (6') wide pedestrian/bicycle trail that would connect to the pedestrian/bicycle trail planned along the frontage of the Old Waterford Knoll property (adjacent to the Subject Property). Upon the written request of the Town of Leesburg's Land Development Official, the record owner of the Subject Property, or its successor in interest, shall dedicate to the Town of Leesburg, the right- of-way so reserved together with all necessary temporary easements for grading and construction to facilitate the construction of the pedestrian/bicycle trail by others; provided, however, that the right-of- way so reserved or dedicated pursuant to this paragraph shall revert to the record owner of the Subject Property if the construction of a pedestrian/bicycle trail thereon has not been completed prior to December 31, 2004. In the event that the record owner of the Subject Property or its successors-in-interest shall subdivide the Subject Property, the following provisions shall apply: The subject Property shall not be subdivided into more -than two lots each consisting of approximately two (2) acres, more or less; and The maximum amount of office space to be constructed on each of the approximately two- acre parcels to be subdivided from the Subject Property shall not be more than five thousand ($,000) rentable square feet, using the Building Owners and Managers Association C'BOMA') method of measurement, each. Use of the Subject Property shall be restricted to general office uses. No retail uses or any other commercial, institutional, community service, or utility land uses shall be allowed on the Subject Property. No personal service uses which are accessory to office uses, and which would otherwise be permitted by right under Section 4D-2(4)(d) of the Zoning Ordinance, shall be allowed on the Subject Property. The general architecturaldesign of the improvements to be constructed on the proposed 2-acre parcel of the Subject Property shown as "Lot 1" on the Rezoning Concept Plan, shall be in conformance with the architectural rendering entitled "Elevations-U.S.C.T.A. Headquarters, Leesburg, Virginia,' prepared by Land Services Group, Ltd, and submitted to the Town of Leesburg in conjunction with the Rezoning Concept Plan. In addition, each of the two proposed buildings on the Subject Property shall be limited to a single story above-grade, and shall not contain more than five thousand (5,000) rentable square feet of office space (using the BOMA method of measurement). As generally shown on the Rezoning Concept Plan, Applicant or its successor will provide landscape buffering around the perimeter of the Subject Property, in accordance with Town of Leesburg standards for the buffering of residential from non-residential uses. SECTION IlL Concept plan approval does not express or imply any waiver or modification of the requirements set forth except as specifically cited herein. SECTION IV. This ordinance shall be effective upon its passage. DISCUSSION Ms. Emswiller made the following comments. "For the record, I will oppose this application for the following reasons. The application to rezone this tract of land from residential - one house per acre - to commercial office is not in keeping with our town plan. As Steve Brown has just said, this is an application that has caused a great deal of conversation and alot of press coverage. Very simply, for the folks who are in the audience, who do not know, it is a tract of land that is a little over four acres. It sits on Old Waterford Road. It is now zoned residential. It is surrounded by residential zoning and the applicant wants to change to commercial zoning. That's really what I have been opposed to the entire time, is the changing of the zoning from residential to commercial because it is not within our town plan to have anything in that area be commercial. Each time we rezone something that is not in keeping with our town plan, we weaken our plan. This application is not in conformance with the plan. We now have the update which the Citizens Advisory Committee (CAC) has worked on for over two years. It is now at the Planning Commission level. When we approve something not in keeping with our town plan, we send a message to those who might be thinking about coming to Leesburg - that we cannot be depended upon, to be consistent. Developers do not want surprises. Surprises cost money. Developers want to come to an area where the land is zoned appropriately for their use, or if that the plan calls for the land to be zoned for their use. Infrastructure is in place or planned for. The quality of life is good. The people they are bringing will be satisfied. Inconsistency and controversy cost time and time is money. This application, if approved, sets a precedent. This precedent says we are willing to allow offices and commercial uses in a residential neighborhood. If the U.S.C.T.A~ decides to leave, the offices will still be there and can be rented to someone else." Ms. Emswiller read exerts from various articles. One article states, 'A strong implication arises that once Co 101194 -6- attractive land in a particular area is rezoned to permit a more intensive use, that use cannot be denied to any other land owner in that area.' This comes from the Judicial Review of Local Land Use Decisions in Virginia. It was a report to the joint land use task force of the Virginia Association of Counties and the Virginia Municipal League. In my view, this application, if approved, is spot zoning. Two other sources on the definition of spot zoning by the Virginia Citizen's Planning Association and Virginia Department of Housing and Community Development. 'Spot zoning is a form of discriminatory zoning who's sole purpose is to serve the private interest of one or more landowners, instead of furthering the welfare of the entire community as part of an overall zoning plan. Although changing the zoning classification of any parcel of land to permit a more intensive use could possibly constitute spot zoning, the test lies in its relationship to the existing zoning pattern and guidelines of the local comprehensive plan. Spot zoning is based on the arbitrary and inappropriate nature of a rezoning change rather than as is commonly believed, in the size of the area being rezoned.' Second is from the Judicial Review of Local Land Use Decisions. If the purpose of the zoning ordinance is solely to serve the private interest of one or more landowners, the ordinance represents arbitrary and capricious use of legislative power constituting illegal spot zoning.' Ms. Emswiller stated, ~From the very beginning, I have been consistent. I have opposed this rezoning from residential to commercial. This does not mean that I have opposed the U.S.C.T.A. We have much land in Leesburg that is now zoned commercial that would be appropriate for their use. So why should we rezone and set such a bad precedent? There is no overriding public purpose to be served. I made two suggestions as ways to accommodate the U.S.C.T.A. and neither was followed or looked into by the Council or by the U.S.C.T.A. I am still willing to pursue those. One was to extend water and sewer to the site, which is allowed in 1994 under our AADP or Annexation Agreement with the county. The other was even more desirable. A zoning ordinance change to allow a special exception within a residential area. The U.S.C.T.A. could have their use but the land would stay residential. It would be a special exception for equine related- not for profit - use. I read in more than one paper that the U.S.C.T.A. has been offended. The U.S.C.T.A. has stated they would not stay in Leesburg if this rezoning is not approved. The last time I looked, Leesburg still went through a public process at which time the governing body looks at the issues, allows the citizens to share their views and the governing body to have questions answered and resolve any outstanding issues. If this took longer, it's because there were more unresolved issues as there always are when you try to fit a square peg in a round hole. Leesburg needs good economic development. We don't need an office located in a residential neighborhood with 8 to 15 employees. Leesburg and Loudoun County have always been places that people want to come to. We are good enough not to settle for second best. We can afford to wait for good economic development to come in areas that are zoned for economic development. I expect to stay consistent. I have certain principals I try to live by. In my view it is my responsibility as best I can to protect the citizens who are in all of Leesburg and those who will come. I want to thank all the citizens who have called, stopped me on the street to give me support and encouragement, and for all those citizens who have come out to share their concerns with us. Thank you? Ms. Umstattd stated she would vote against this item. She considered the disruption to a residential community to be undesirable to that community and to the town at large. She is concerned about setting a legal precedent. Mr. Atwell commented that he has spent a tremendous amount of time on this issue. He stated he will support this application. Mr. Buttery concurred with Mr. Atwell and deeply respects the positions taken by Ms. Emswiller and Ms. Umstattd. He stated he has spent many hours on the issue and would support the proposal. Mayor Clem stated it has been a difficult decision for everyone. VOTE Aye~ Nay: Abstain: Counciimembers Atwell, Buttery, Webb, and Mayor Clem Councilmembers Emswiller and Umstattd Councilmember Trocino ll.(c).fe).(f).ft~).(h).(i).(i).(k).fl).(m).(n) MORON On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed and adopted. 94-212 - A RESOLUTION: AUTHORIZING A NOTICE OF PUBLIC HEARING FOR A SPECIAL EXCEPTION APPLICATION #SE-94-02 BY SUE ANN PHILLIPS - HOME-BASED DAY CARE RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows: A notice of Public Hearing to consider special exception application #SE-94-02 by Sue Ann Phillips shall be published in the Leesburg Today on October 26, 1994 and November 2, 1994 for public hearing on Co101194 -7- Tuesday November 8, 1994 in the Council Chambers of the Government Center at 25 West Market Street, Leesburg, Virginia 22075. 94-213 - A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE. PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCF~ GUARANTEE FOR PUBLIC IMPROVEMENTS AT STONEGATE PHASE 1, SECTION 3 WHEREAS, Trafalgar House, the developer of Stonegate Phase 1, Section 3, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Home Assurance Company in the amount of $87,417.40 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $21,854.35 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 94-214 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 5 WHEREAS, Richmond American Homes, the developer of Exeter Section 5, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, the corporate surety bond in the amount of $343,087.00 from American Motorists Insurance Company was provided by the developer to guarantee the installation of public improvements in Exeter Section 5. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Motorists Insurance Company in the amount of $343,087.00 is approved to guarantee the installation of public improvements in Exeter Section 5. SECTION II. A time extension to October 9, 1995 for completion of the public improvements is approved. 94-215 - A RESOLUTION: TO PROVIDE A 3% BENEFIT INCREASE FOR CURRENT AND FUTURE RETIREES WHEREAS, the town does hereby elect to provide a 3% retirement allowance increase as provided in the Code of Virginia, Sections 51.1-130, 51.1-155, and 55.1-157 as applicable for its eligible current and future retirees; and WHEREAS, the town agrees to accept all liability for any current or future additional employer contributions and any increases in current or future employer contribution rates resulting from its election to provide the increase in benefits to its current and future retirees; and WHEREAS, the town elects to allow its eligible current and future retirees to receive the benefit increase effective October 1, 1994. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized and directed to execute any required contract in order that said eligible current and future retirees of the town may participate in the benefit allowance increase as provided for in the Code of Virginia. In execution of any contract which may be required, the seal of the town shall be affixed and attested by the clerk, and said officers of the town are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the town for this purpose. 94-216 - A RESOLUTION: AMENDING THE CAPITAL IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1995-1999 AND MAKING AN APPROPRIATION FOR A PUBLIC SAFETY CENTER SITE Co 101194 -8- WHEREAS, on June 29, 1994, the Town Council approved a resolution authorizing the contract to purchase 5.8 acres of land from John Wallace located on Plaza Street for the construction of a public safety center; and WHEREAS, on September 13, 1994, the Town Plan was amended to provide for a public safety center at the Plaza Street site; and WHEREAS, in order to provide for the acquisition and associated costs of purchasing this site, the Capital Improvements Program for fiscal years 1995-1999 must be amended and an appropriation be authorized. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1. The Capital Improvements Program for the fiscal year 1995-1999 is hereby amended to establish a project for the public safety center. 2. An appropriation in the amount of $893,000 is authorized to Account Number 901.9600.700.728, Land Acquisition and $50,000 to Account Number 901.9600.300.300 Contractual Services for costs associated with the purchase of the site. 94-217 - A RESOLUTION: WAIVING THE FEES FOR THE LOUDOUN COUNTY HIGH SCHOOL HOMECOMING PARADE AND APPROPRIATING FUNDS TO THE POLICE DEPARTMENT BUDGET WHEREAS, Loudoun County High School has requested a waiver for police costs to conduct their annual homecoming parade on Saturday, October 8, 1994; and WHEREAS, the cost for police service is $700.00; and WHEREAS, on October 4, 1994, the Town Council Finance Committee recommended waiving the fees for the 1994 Loudoun County High School Homecoming Parade by a vote of 3-0: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to waive the special event's fees for the 1994 Loudoun County High School Homecoming Parade in the amount of $700.00. SECTION II. The total of $700.00 is hereby appropriated from the unappropriated fund balance to the appropriate Police Department Budget account. 94-218 - A RESOLUTION: WAIVING THE FEES FOR THE LEESBURG KIWANIS CLUB FOR THE 1994 HALLOWEEN PARADE AND APPROPRIATING FUNDS TO THE POLICE DEPARTMENT BUDGET WHEREAS, the Leesburg Kiwanis Club has requested a waiver for police costs to conduct their annual Halloween parade on Monday, October 31, 1994; and WHEREAS, the cost for police service is $700.00; and WHEREAS, on October 4, 1994, the Town Council Finance Committee recommended waiving the fees for the 1994 Leesburg Kiwanis Halloween Parade by a vote of 3-0: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to waive the special event's fees for the 1994 Leesburg Kiwanis Halloween Parade in the amount of $700.00. SECTION II. The total of $700.00 is hereby appropriated from the unappropriated fund balance to the appropriate Police Department Budget account. 94-219 - A RESOLUTION: WAIVING RENTAL FEES AND APPROPRIATING FUNDS TO THE IDA LEE RECREATION CENTER FOR THE LOUDOUN VALLEY HIGH SCHOOL AFTER-PROM PARTY WHEREAS, the Loudoun Valley High School Parent Support Group has requested a waiver of the rental fees for the use of the Ida Lee Recreation Center for their After-Prom Party in April 1995; and WHEREAS, the event is scheduled after normal operating hours and requires fees be paid to cover all staff costs and rental charges covering operating costs not to exceed $2,000.00; and Co101194 -9- WHEREAS, the Loudoun Valley High School Parent Support Group has requested a waiver of the rental costs; and WHEREAS, on October 4, 1994, the Town Council Finance Committee recommended waiving the rental costs for the Loudoun Valley High School After-Prom Party by a vote of 3-0: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to waive the rental costs not to exceed $2,000.00 for the After-Prom Party. SECTION II. The total not to exceed $2,000.00 is hereby appropriated from the unappropriated fund balance to the Ida Lee Recreation Center rental fees, 200.1613.620.030. SECTION III. The Loudoun Valley High School Parent Support Group is required to pay all staff costs required for the event. 94-220 - A RESOLUTION: APPROPRIATING FUNDS TO THE POLICE DEPARTMENT BUDGET FOR THE WORLD WAR II COMMEMORATION EVENT WHEREAS, the Police Department assigned officers to the World War II event for the purpose of crowd control and general security; and WHEREAS, the cost for police service during this event was $910.00; and WHEREAS, on October 4, 1994, the Town Council Finance Committee recommended appropriating these funds to cover the police service cost for this event by a vote of 3-0: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The total of $910.00 is hereby appropriated from the unappropriated fund balance to the appropriate Police Department Budget account. 94-221 - A RESOLUTION: AUTHORIZING THE SALE OF SURPLUS WATER POLLUTION CONTROL FACILITY EQUIPMENT WHEREAS, several items of surplus equipment have become available due to expansion and upgrade of the Water Pollution Control Facility and some have outlived their usefulness to the town; and WHEREAS, the property must be disposed of by receipt of sealed bids. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to advertise for bids to be received for the following surplus equipment: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. (1) Big Wheels 1976 Sludge Application Truck (2) Envirex Grit Collector/Bucket Elevators (2) Chicago Comminutors (1) Flight Drive System (1/'2 hp - rectangular tank) (3) Roots Rotary Lobe Blowers (2) Chicago SSIA Pumps - Rotation "RS" (2) Chicago SSLA Pumps - Rotation "RB" (2) W&T "V-Notch" Chlorinators (200# per day) (1) Force Flow Container Scales (4000#) (1) CM Hoist (2-ton) and Monorail System (1) Fisher Porter Chloralert Chlorine Gas Detector (1) Capital Controls Dual Sulfonator System w/Scales (1) Enterra-Sulfur Dioxide Gas Detector (2) 500-Gallon Fiberglass Tanks (open top) (1) 5000-Gallon Fiberglass Tank (dome top) (3) Precision Ferric Chloride Pumps (2) Precision Polymer Pumps (1) American Standard Furnace and Boiler - Dual Fuel for Natural Gas or Digester Gas SECTION II. The surplus equipment will be sold to the highest responsive and responsible bidder in accordance with the town's purchasing policy. 94-222 A RESOLUTION: AUTHORIZING CONTRACT AWARDS FOR PAVEMENT MAINTENANCE PROJECTS AT THE LEESBURG MUNICIPAL AIRPORT Co101194 -10- WHEREAS, consistent with the town's adopted Capital Improvements Program, the following pavement maintenance projects need to be completed at the Leesburg Municipal Airport: south end asphalt overlay, ramp & taxiway cracksealing, and runway repainting; and WHEREAS, these required maintenance projects are funded 90% by the Virginia Department of Aviation, with the town responsible for its budgeted 10% share; and WHEREAS, a request for sealed bids was duly advertised on September 14, 1994; and WHEREAS, on October 4, 1994 the Town Council Finance Committee recommended the award of contracts to the low bidder for each project by a vote of 2 to 0, with one member absent; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Deputy Town Manager is hereby authorized to execute contracts for pavement maintenance projects at the Leesburg Municipal Airport as follows: South End Asphalt Overlay - Moore Engineering & Construction of Leesburg, Va. for $26,790.00; Ramp & Taxiway Cracksealing - Dominion Paving & Sealing of Herndon, Va. for $ 6,510.00; and Runway Repainting - A-Annandale of Woodbridge, Va for $ 9,497.50. VOTE Aye: Nay: Abstain: ll.(d) DISCUSSION Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Trocino (11.e) and year: Ms. Umstattd stated she understands the a typographical error, however her concern is that when Council passes a resolution like this it is entering into an agreement that will be for the time period designated. Mr. Atwell asked that if the code provided for two year terms for the commission members then a typographical error, that would extend a term another year would not be creating other problems other than bringing this in to conformance with the code. Mr. Brown responded, that is correct. MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted. 94-223 - A RESOLUTION: REVISING COUNCIL RESOLUTION 94-27 WHEREAS, Council Resolution 94-27 reappointed the following Planning Commissioners for two- year terms: Robert Altland, Mike Belles and Clifton Vaughan; and WHEREAS, the stated expiration date in that resolution was December 31, 1996, and was in error; WHEREAS, if that date is not corrected all six Planning Commissioners terms will expire in the same THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The corrected expiration date for the two-year terms for Planning Commissioners Robert Aitland, Mike Belles and Clifton Vaughan is December 31, 1995. VOTE Aye: Nay: NEW BUSINESS MOTION Councilmembers Atwell, Buttery, EmswiHer, Trocino, Webb, and Mayor Clem Councilmember Umstattd Co101194 -11- On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted. 94-224 - A RESOLUTION: MAKING AN APPOINTMENT TO THE CABLE TELEVISION ADVISORY COMMISSION WHEREAS, a vacancy currently exists on the Cable Television Advisory Commission; and WHEREAS, in accordance with Section 5.1-80 of the Town Code, this appointment shall be made by the franchisee with the consent of the Town Council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Mr. Blake Thompson is appointed to the Cable Television Advisory Commission to fill the unexpired term of Paul Smith which shall expire on June 30, 1995. VOTE Aye~ Nay: Abstain: Councilmembers Buttery, Emswiller, Trocino, Webb, and Mayor Clem Councilmember Umstattd Councilmember Atwell 12.(p) Mr. Brown summarized the resolution. MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 94-225 - A RESOLUTION: AUTHORIZING AN OFFER TO XEROX REALTY CORPORATION, OR ITS SUCCESSOR OR ASSIGNS, FOR ACQUISITION OF .8563 ACRES IN FEE SIMPLE, TEMPORARY ACCESS AND WATERLINE EASEMENTS, AND PERMANENT SANITARY SEWER EASEMENTS, THEREFORE, REQUIRED FOR CONSTRUCTION OF THE CATTAIL BRANCH SANITARY SEWER CONVEYANCE SYSTEM AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1987 Sewer System Master Plan, as amended, includes construction of the Cattail Branch Sewer Conveyance System to serve the Cattail Branch Watershed; and WHEREAS, a public need exists for sewer capacity within the Cattail Branch Watershed to sewer the Balls Bluff Elementary School scheduled to open in September, 1995; and WHEREAS, construction of the Cattail Branch Sewer System is an essential element of the town's pollution abatement program and protection of Virginia's water from pollution; and WHEREAS, a need exists for acquisition of .8563 acres in fee simple, a temporary access easement, temporary waterline easement and permanent sanitary sewer easements from Xerox Realty Corporation, on whose property the alignment of the sewer and location of the pumping station has been established; and WHEREAS, efforts to secure such easements have been unsuccessful; and WHEREAS, a fair market value for the fee simple area and access, waterline and sanitary sewer easements has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Xerox Realty Corporation is hereby offered the sum of $27,200.00 for the purchase of fee simple land, temporary and permanent access, waterline and sanitary sewer easements affecting 3.33 acres, more or less as shown on the attached plats of William H. Gordon & Associates, dated 23 August 1994 and 26 April 1994. SECTION II. The Council hereby declares that an essential public convenience and necessity exists to acquire the aforesaid easements for construction of the Cattail Branch Sanitary Sewer Conveyance System and in the event the offer is not accepted in writing within five (5) days of receipt, the Council does hereby authorize the town attorneys to file the requisite petition for condenmation and right of early entry on behalf of the Town of Leesburg pursuant to the Charter for the Town of Leesburg and Section 33.1-119 et. seq. of the 1950 Code of Virginia, as amended. The Council does further hereby authorize the Director of Finance to issue a check in the sum of $27,200.00, payable and to be deposited with the Clerk of the Circuit Court of Loudoun County, Virginia, and does hereby authorize the Mayor to sign any and all documents, including but Co101194 -12- not limited to a certificate of take, to affect such acquisition. VOTE Aye: Nay: MOTION On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m. Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None C~erk of Co~~ Co101194 -13-