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HomeMy Public PortalAbout1995_06_13TOWN COUNCIL MEETING MINUTES OF JUNE 13, 1995 A regular meeting of the Leesburg Town Council was held on June 13, 1995, at 7:30 p.m. in the Council Chambers, 2~ West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Emswiller SALUTE TO THE FLAG was led by Town Clerk Barbara Markland ROLL CALL Councilmembers present George F. Atwell (absent) Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Deputy Town Manager Peter Stephenson Director of Engineering and Public Work~ Thomas Mason Director of Planning, Zoning and Development Michael Tompkins Planner Marilee Seigfried Town Attorney George Martin Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION On motion of Ms. Umstattd, seconded by Mr. Webb, the regular meeting minutes of May 23, 1995, were approved as written. VOTE Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmember Atwell CERTIFICATES OF APPRECIATION Mayor Clem and Councilmember Trocino presented Certificates of Appreciation to Elementary School Principals Susan Mills, Mary Morris, and Mr. Magruder. PETITIONERS Paul Vickers,. a resident of the Manors of Leesburg Subdivision, addressed the Town Council regarding improvements to North King Street. Mr. Vickers provided a petition signed by residents of the Manors and asked that it be made a part of the official record. Josephine Brown thanked the Town Council for its donation to the "Reclaiming Our Youth" program. She asked to be placed on the June 20, 1995 Finance Committee agenda for another donation. Mayor Clem requested a letter be sent to Food Lion to thank them for their donation to the "Reclaiming Our Youth" event. PUBLIC HEARING: To consider #ZM-143 AIIman Family Limited Partnership Marilee Seigfried presented the staff report and a slide presentation. Marc Weiss, representing the applicant, addressed the Town Council providing a summary of the Greenway Plan/application. Ms. Umstattd asked why private streets are planned? Mr. Weiss responded by stating that the Zoning Ordinance allows private streets bi-right up to 16 units. He stated the applicant is working on constraints around the site. David Kennedy, a resident of 506 Lawford Drive, S.W., in Greenway, presented a petition signed from the Greenway Farm residents and Linden Hill residents opposing the proposed plans which would allow the construction of a private drive to serve the Allman project. Allan Furman, a resident of 37 Linden Hill Way, spoke in opposition to the Allman application regarding the common parking court. Fred Foster Rudder, Jr. a resident of Leesburg, opposed the application and asked that the Town Council treat the application with total apprehension. Mr. Weiss addressed the comments made by the petitioners. Ms. Umstattd asked how the proposed setback for the Allman tract compares to the setbacks at Greenway Farm? Ms. Sei~freid responded by stating, a buffer has been provided along Greenway Drive. She added that 20 to 40 feet was provided between Greenway Drive and the lots. Ms. Umstattd asked what kind of setback is planned for homes on the Allman tract? Ms. Seigfried replied a 40' setback is provided on the Allman tract. The public hearing was closed. This application was referred to the June 20, 1995 Planning and Zoning Committee for further consideration. PUBLIC HEARING: To consider #SE-95-02 Enterprise Leasina Company At the request of the applicant, this item was removed from the agenda. COUNCILMEMBER COMMENTS Mr. Webb reported on the TCC funding for FY1997. He considers the Town of Leesburg very fortunate to have received funding, for the past 18 months, from the state. Mr. Buttery stated that the proposal made tonight by the Manors of Leesburg residents includes some excellent ideas. He proposed the speed limit on North King Street up to Battlefield Parkway be reduced to 25 mph. He also expressed concerns regarding the safety of children during town parades. Mr. Buttery reported that proposals have been shortlisted for the fire/police safety center adding the project is moving along well. Mr. Buttery wished to assure everyone that a decision has not been made regarding the police chief position. Ms. Umstattd thanked Josephine Brown and Jeff Simms for the "Reclaiming Our Youth" program. She shared positive comments heard about Councilmember Emswiller. Ms. Umstattd complimented Gary Huff for a fantastic country western show at Ida Lee Park. She announced Sugarbakers on Loudoun Street will remain open until 5:30 p.m. Mr. Trocino congratulated the Chss of 1995 Loudoun County High School graduates. Mr. Trocino referred to the comments made by Paul Vickers and suggested the issues be sent to the Administration and Public Works Committee for immediate attention. He met with residents of Tavistock Farm and Beauregard Estates regarding hazardous conditions at Route 15 and Sycolin Road. Mr. Trocino also enjoyed the country western show at Ida Lee Park this past weekend. Ms. Emswiller reported that the Economic Development Commission is working on a new brochure in conjunction with the Bluemont Concert Series. She announced downtown businesses are going to remain open later during the series. Ms. Emswiller announced a meetingwould be held July 11, 1995 regarding economic feasibility and the impact of creating an art center. Any comments would be appreciated. Ms. ~er announced she would be arrested on June 27, 1995 at the courthouse for Crimes of the Heart. C06/13/95 -2- MAYOR'S REPORT Mayor Clem reported that the Optimist Club and Custom Cruisers Club held a Street Rod Show in Leesburg on June 3, 1995. He informed aH councilmembers that they are welcome to participate in the July 4 parade and asked that they notify him if they are interested in participating or needed a car to ride in. Mayor Clem announced that he received a letter today appointing Councilmember Trocino to the Virginia Municipal League Legislative Conunittee. MANAGER'S REPORT Mr. Stephenson summarized the Activity Report. He announced Longfellow Drive will be closed June 24, 1995 from 5-9 p.m. for a block party, as well as, Rosemeade Place, Tearose Place and Primrose Court on the same day from 6-9 p.m. for a block party. LEGISLATION ll.(a) was removed from the agenda at the request of the applicant. 11.0)) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted. 95-O-16 - AN ORDINANCE: AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING REVISED PAY AND CLASSIFICATION PLAN WHEREAS, Public Administration Services performed the Pay and Classification Study at the request of Council; and WHEREAS, thirty-five positions are financially affected by the implementation of the study; and WHEREAS, adoption of this revised pay and classification plan is required to implement the study recommendation and to distribute the budgeted funds for those positions financially affected; and THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational group and pay grades, is amended to read as follows: Sec. 12.1-10. Classification of town employees by occupational groups and pay grades. Employees in the town service are classified in the following occupational groups and pay grades: Occupational Groups Executive-Managerial # # # # Law Enforcement Position Pay Grade Director of Engineering/Public Works 16 Chief of P-ian=R~i4~ Eneineerin_~ 14 Director of Utilities 15 Director of Finance 15 Director of Planning, Zoning 15 and Development Chief of Police 15 Director of Parks and Recreation 15 Deputy Town Manager 15 Asst. Town Manager for Economic Development 13 Parking Control Officer 3 Police Officer 8 Police Officer ls~ Class 9 Corporal 10 Sergeant 11 Lieutenant 12 Captain 13 Investigator 10 C06/13/95 -3- Administrative-Clerical # # # Supervisory Technical C!er~ I~ Police Records Assistant Secretary I Accounting Clerk I Library ~ Assistant Administrative Secretary Plannin~ & Zoning Asst. Executive Secretary Clerk of Council Personnel ©f_n. cer Manager Public Information Officer Parking Attendant Superintendent Equipment Maintenance Water Supply Superintendent Superintendent Buildings Grounds and Maintenance Utility Lines Superintendent WPCF Superintendent Asst. Director of Finance Asst. Director of Utilities P:r?_' Ccerd'.'"~_!cr Landscape Architect Asst. Director Recreation Recreation Center ,gap~ntim~ Manager Library Coordinator Utility Plant Supervisor Recreation Pro,ram Supervisor Bldg. Supervisor Parks & Recreation (p/t) Airport Operations Supervisor ~bsag, Utility Maintenance P-IGig Mechanic Heavy Equipment Operator Finance Technician Asst. Super. Bldgs, & Grounds Airport Manager Senior Plant Operator i ~ Utility Plant Operator Utility Plant OperatorI-~/Operator Trainee Asst. Supt. Utility Lines Construction Asst. Supt. Utility Lines Maintenance Superintendent Utility Plant Maintenance Contracts Administrator Capital Projects Representative Asst. WPCF Supt. ~ Construction Inspector Asst. Zoning Admin. Assistant Superintendent Equip. Maint. Systems Technician Meter Technician Recreation Attendant (Pact-time) Child Care Attendant (Part-time) Lifeguard I (Part-time) Lifeguard II (Part-time) Lifeguard III (Part-time) Assistant Camp Instructor (Part-time) Weight Room Attendant (Part-time) Desk Clerk (part-time) Program Aide (Part-time) Asst. Swim Coach (Part-time) 3 3 3 4 5 7 7 9 9 9 1 10 12 11 12 12 12 13 10 12 10 9 8 4 8 6 5 6 8 7 6 4 9 9 10 11 10 9 9 9 7 3 $ 5.94 per hour 5.72 per hour 6.48 per hour 7.02 per hour 8.10 per hour 6.48 per hour 6.48 per hour 7.72 per hour 7.72 per hour 8.64 per hour CO6/13/95 -4- Professional Construction/Maintenance Camp Instructor (Part-time) Birthday Clown (Part-time) Swim Coach (Part-time) Preschool Teacher (Part-time) Aquatic Instructor I (Part-time) Aquatic Instructor II (Part-time) Aquatic Instructor III (Part-time) Recreation Instructor I (Part-time) Recreation Instructor II (Part-time) Recreation Instructor III (Part-time) Airport Operation~C'_'_~temer ~.".".'~e _.eped:E~_! Asst. Chief of Operations & Inspections Engineer II Engineer II - Transportation 11 Chief of ~ Planning 12 Planner II 10 Zoning Administrator 12 i. abor~t Utility Maintenance Worker 3 Maintenance Worker II 3 Maintenance Worker III 5 Groundskeeper 5 Maintenance Worker I 2 Equipment Mechanic I 6 Equipment Mechanic II 7 Utility Crew Leader 5 Utility Maintenance Mechanic 6 9.72 per hour 10.80 per hour 10.80 per hour 10.80 per hour 10.80 per hour 12.96 per hour 16.20 per hour 10.80 per hour 12.96 per hour 16.20 per hour 6 13 11 SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation of employees in the town service, is amended to read as follows: Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 SECTION III. FY 1996 Pay Range $15,630-24,967 16,880-26,965 18,231-29,122 19,689-31,452 21,264-33,968 22,966-36,685 24,803-39,620 27,035-43,186 29,46847,073 32,120,51,309 35,011-55,927 38,162-60,961 41,59%66,447 45,341-72,427 49,421-78,946 53,869-86,051 All prior ordinances in conflict herewith are repealed. SECTION V. This ordinance shall be effective July 1, 1995. VOTE Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmember Atwell ~.if}.~ih~i~(i~(k~(~m~n~¢~¢Q~r~¢s~t~u~¢v~(w)~(x)~(y)~(z)~(aa) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolutions were proposed as consent and adopted. 95-110 - A RESOLUTION: ~ORSING THE JOINT POLICY COMMITTEE RECOMMENDATION CO6/13/95 -5- TO AMEND THE ANNEXATION AREA DEVELOPMENT POLICIES (AADP) AS THEY RELATE TO HARPER PARK WHEREAS, on June 9, 1993 the AADP Joint Policy Review Committee recommended the Board of Supervisors and Town Council amend the AADP document, subject to certain conditions, to create a Planning Section G-1 known as Harper Park; and WHEREAS, on July 7, 1993 the Board of Supervisors adopted the Harper Park AADP policy amendment as recommended by the Joint Policy Review Committee; and WHEREAS, the Council action varied from the recommendation of the committee as endorsed by the Board of Supervisors with the rezoning of the site known as Harper Park; and WHEREAS, the Board of Supervisors and Town Council must adopt mutual policies to amend the AADP; and WHEREAS, on May 17, 1995 the AADP Joint Policy Review Committee reconvened and forwarded a recommendation to the Board of Supervisors and Town Council that reflects the actions of the Council ordinance approving the Harper Park rezoning application; and WHEREAS, on June 7, 1995 the Board of Supervisors endorsed the Joint Committee recommendationn. THEREFORE, RESOLVED by Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Town Council hereby adopts the Joint Committee recommendation to amend the County/Town Annexation Policies, regarding the Harper Park Amendment, as follows: 1. Modify the Land Use Policy Map, Map A, to show "Mixed Use Development' on the G-1 Area (also known as the Harper Park property) (Attachment 3). 2. Modify densities within the land bays identified on Map B (Attachment 4). 3. Modify the Residential Density Plan of Annexation Area, Table 2, to shift up to 752 residentialunits, proportionately, from Planning Sections A, B, and D through K to planning Section G-1 (Attachment 5). The minimum policies set forth in the AADP's regarding the various follow-up issues regarding transportation, education, and parks and recreation, and open space be met. 95-111 - A RESOLUTION: APPROVING THE VACATION OF STORM DRAINAGE EASEMENTS ON THE LANDS OF EDWARDS FERRY-BEVERLY ROAD ASSOCIATES, LIMITED PARTNERSHIP, TAX MAP 49 ((1)), PARCEL 1, 2T AND 14D WHEREAS, Edwards Ferry-Beverly Road Associates, limited Partnership, has requested the storm drainage easements be vacated as shown on plat #2882ESPLT, prepared by Huntley, Nyce and Associates, P.C.; and WHEREAS, the storm drainage easements are no longer necessary since the associated storm drainage channels will be replaced with newly aligned storm drainage pipes as part of the Leesburg Park development: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The vacation of the storm drainage easements as shown on plat #2882ESPLT, prepared by Huntley, Nyce and Associates, P.C.,dated March 24, 1995, and revised on April 24, 1995 is hereby approved. 95-112 - A RESOLUTION: APPROVING THE VACATION OF A SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION AND GRADING EASEMENT ON THE LANDS OF WINCHESTER HOMES, INC.,TAX MAP 47, PARCEL 16B WHEREAS, Trafalgar House Property, Inc. has requested the 25' sanitary sewer easement and associated temporary construction and grading easements be vacated as shown on plat #2881WNCH, prepared by Huntley, Nyce and Associates, P.C.; and WHEREAS, the 25' sanitary sewer easement and associated temporary construction and grading easements are no longer necessary and an alternative sanitary sewer ali?raent has been chosen: THEREFORE, RESOL~ by the Council of the Town cf Lee*burS ia Virgiaia as follows: CO6/13/95 -6- The vacation of the 25' sanitary sewer easement and associated temporary construction and grading easements as shown on plat #2881WNCH, prepared by Huntley, Nyce and Associates, P.C.,dated May 1, 1995, is hereby approved. 95-113 - A RESOLUTION: RESCHEDULING THE JULY 4, 1995 COMM1TFEE MEETINGS TO JULY 5, 1995 AND CANCELLING THE AUGUST 15, 1995 COMMITTEE MEETINGS AND THE AUGUST 22, 1995 REGULAR TOWN COUNCIL MEETING WHEREAS, it is the desire of the Leesburg Town Council to reschedule the July 4, 1995 Planning and Zoning, Administration and Public Works and Finance Committee meetings to Wednesday, July 5, 1995, due to the observation of the July 4th Independence Day Holiday; and WHEREAS, it has been the tradition of the Leesburg Town Council to cancel the last Committee meetings and Town Council meeting in August to observe summer vacations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The July 4, 1995 Planning and Zoning, Administration and Public Works and Finance Committee meetings are rescheduled to Wednesday, July 5, 1995. SECTION II. The Planning and Zoning Administration and Public Works and Finance Committee meetings of August 15, 1995 and the regular Town Council meeting of August 22, 1995, are hereby cancelled. 95-114 - A RESOLUTION: AUTHORIZING AN EXTENSION OF LEFT TURN RESTRICTIONS ON KING STREET ON A TRIAL BASIS WHEREAS, town staff has conducted a traffic analysis of restricting east and westbound left turns on Market Street at King Street between the hours of 8:00 to 9:00 a.m. and 4:30 to 5:30 p.m. Monday through Friday; and WHEREAS, motorist operating vehicles at East Market Street and King Street during peak hours have experienced delays due to left turning vehicles; and WHEREAS, restricting left turns will benefit motorist by allowing fewer stop and delays; and WHEREAS, restrictions of turning movements will divert vehicles to other streets which are adequate to accommodate additional traffic, excluding trucks and buses in excess of 7,500 pounds; and WHEREAS, the Town Council adopted Resolution 95-88 on April 25, 1995 which authorized left turn restrictions at Market and King for a trial period of 60 days which ends on July 1, 1995; WHEREAS, an additional 60 day test period is needed because of street closures required for utility work at the Loudoun County Complex site is completed; and WHEREAS, during the additional 60 days, staff will study the possibility of extending the turn restriction hours and evaluate the impact on alternate routes. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Left turn restrictions which will prohibit left turns for vehicles, except for trucks and buses, traveling east or west on Market Street are hereby established at Market Street at King Street between the hours of 8:00 a.m. to 9:00 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Fri.lay for a trial period ending August 30, 1995. SECTION II. The impact on alternate routes will be assessed during the 120-day trial period. 95-115 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR GATEWAY LOT 9A - FORT KNOX SELF STORAGE WHEREAS, Williamsborough Development Corporation, the generalpartner and agent for Fort Knox Self Storage II and III, a Maryland General Partnership and owner of Lot 9A, 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 year (1) time extension to complete the remaining public improvements; and WHERF.4~, a letter of credit in the amount of $19,736.00 from the Mercantile Safe Deposit and Trust Company was provided by the developer to guarantee the installation of public improvements for C06/13/9~ -7- Gateway Lot 9A - Fort Knox Self Storage; and WHEREAS, the developer proposes to replace the current letter of credit with a new letter of credit from the Frederick County National Bank; and WHEREAS, the Director of Finance has approved the financial standing of the Frederick County National Bank. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the Frederick County National Bank in the amount of $19,736.00 for Gateway LOt 9A - Fort Knox Self Storage is approved. SECTION II. The letter of credit from the Mercantile Safe Deposit and Trust Company guaranteeing installation of public improvements at Gateway LOt 9A - Fort Knox Self Storage shall be released when the new performance guarantee described in Section I is in effect. SECTION III. A time extension to June 7, 1996 for installation of public improvements is hereby approved for Gateway LOt 9A - Fort Knox Self Storage. 95-116 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR CROSSROADS BAPTIST CHURCH WHEREAS, Crossroads Baptist Church, the developer of Crossroads Baptist Church, 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, a letter of credit in the amount of $18,611.00 from Jefferson National Bank, formerly the Bank of Loudoun, was provided by the developer to guarantee the installation of public improvements for Crossroads Baptist Church; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $18,611.00 to guarantee the installation of the remaining public improvements for Crossroads Baptist Church. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. A time extension to June 21, 1996 for the installation of public improvements is hereby approved for Crossroads Baptist Church. SECTION II. The letter of credit from Jefferson National Bank, formerly the Bank of Loudoun, in the amount of $18,611.00 is approved to guarantee the installation of public improvements for Crossroads Baptist Church. 95-117 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 3 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 3, 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 six (6) month time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $303,051.00 from NationsBank, was provided by the developer to guarantee the installation of public improvements for Exeter Section 3; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $303,051.00 to guarantee the installation of the remaining public improvements for Exeter Section 3. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION L A time extension to October 29, 1995 for the installation of public improvements is hereby approved for Exeter Section 3. CO6/13/95 -8- SECTION II. The letter of credit from NationsBank in the amount of $303,051.00 is approved to guarantee the installation of public improvements for Exeter Section 3. 95-118 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN THE GREENWAY FARM ULTIMATE REGIONAL STORMWATER MANAGEMENT POND WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in the Greenway Farm Ultimate Regional Stormwater Management Pond and certified that the value of the work performed is $758,885.00; and WHEREAS, a corporate surety bond in the amount of $1,454,100.00 from Safeco Insurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for the Greenway Farm Ultimate Regional Stormwater Management Pond; THEREFORE, RESOLVED by the Council of the Town of Leesburg in virginia as follows: SECTION I. The corporate surety bond from Safe. co Insurance Company in the amount of $1,454,100.00 is reduced to $695,215.00. SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond funds has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Greenway Farm Regional Stormwater Management Pond Phase 1. 95-119 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING WATER AND SEWER EXTENSION PERMITS FOR KINCAID FOREST SECTION 9D WHEREAS, the construction drawings and final plat for Kincaid Forest Section 9D have been approved; and WHEREAS, the developer, First Potomac Development Company, wishes to proceedwith installation of the public improvements without providing a performance guarantee; and WHEREAS, the final plat for Kincaid Forest Section 9D 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: The Manager shah execute the contract for public improvements with First Potomac Development Company, in a form approved by the deputy town attorney, for the improvements shown on the plans approved by the Director of Engineering and Public Works Section 9D. 95-120 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN KINCAID FOREST SECTION 9C WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Kincaid Forest Section 9C and certified that the value of the work performed is $187,000.00; and WHEREAS, a corporate surety bond in the amount of $242,351.84 from the American Motorist Insurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Kincaid Forest Section 9(2. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Motorist Insurance Company in the amount of $242,351.84 is reduced to $55,351.84. SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond funds has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilitiesoutlined in the contract for public improvements for Kincaid Forest Section 9C. 95-121 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE GUARANTEE FOR LOUDOUN AUTO REPAIR RESOLVED by the Council of the Town of Leesburg in Virginia as follows: CO6/13/95 -9- SECTION I. The Manager shah execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Loudoun Auto Repair. SECTION II. The irrevocable letter of credit in a form approved by the Town Attorney from the Middleburg Bank in the amount $23,327.43 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Loudoun Auto Repair. 95-122 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT TACO BELL WHEREAS, the Taco Bell Corporation, the developer of Taco Bell, 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 cash bond in the amount of $11,910.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $595.50 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. 95-123 - A RESOLUTION:A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAIWI'ENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT MANORS OF LEESBURG SECTION 1 WHEREAS, Rivermead Homes, Inc., the developer of Manors of Leesburg Section 1, 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 Vir~nia as follows: SECTION I. The corporate surety bond from Seaboard Surety Company in the amount of $215,540.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $53,885.00 is approved, and shall be in effect for a period of one year from this date. SECTION IL 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. 95-124 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT MANORS OF LEESBURG SECTION 2 WHEREAS, Rivermead Homes, Inc., the developer of Manors of Leesburg Section 2 have completed the public improvements, in accordance with approved plans and town standards, and these have been inspected and approved with the exception of a drainage ditch needed to be installed on the adjacent property; and WHEREAS, the town is working with the adjacent property owner and the developer to acquire the needed easement so the work can be completed; and WHEREAS, the developer is required to provide a new performance guarantee in the amount of $30,000.00 to guarantee completion of the drainage ditch. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from Seaboard Surety Company in the amount of $582,640.74 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $29,132.04 is approved, and shall be in effect for a period of one year from this date. SECTION II. The manager shall execute a new contract for public improvements as approved by the Director of Engineering and Public Works for the required drainage improvements. SECTION III. A performance guarantee in the amount of $30,000.00, in a form approved by the town attorney, is approved to guarantee the completion of the required drainage ditch. SECTION IV. This release is contingent upon dcllvcry of a properly executed instrument conveying C06/13/95 -10- unto the town all such improvements and easements free of any liens or charges. 95-123 A RESOLUTION: AUTHORIZING A NEW AGREEMENT AND APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE FOR WARREN HILL SUBDIVISION AND RELEASING A CORPORATE SURETY BOND FROM MAKELA CORPORATION/KEY HOLDINGS, INC. WHEREAS, Council Resolution 91-163 adopted on July 23, 1991 approved a corporate surety bond from the Westchester Fire Insurance Company in the amount of $219,200.00 as security to guarantee installation of public improvements by The Makela Corporation, as shown on plans approved by the Director of Engineering and Public Works for the Warren Hill Subdivision; and WHEREAS, Council Resolution #91-235 adopted on November 12, 1991 approved a reduction of the corporate surety bond for the Warren Hill Subdivision to $79,481.00; and WHEREAS, the Makela Corporation/Key Holdings, Inc., c/o Farmers and Mechanics National Bank currently hold a contract for sale with Chadsworth Homes, Inc. for the Warren Hill Subdivision; and WHEREAS, Chadsworth Homes, Inc. has requested to replace the previously approved corporate surety bond with a new corporate surety bond issued by the American Motorists Insurance Company and is requesting approval of same which would go into effect after they purchase the Warren Hill property. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute a new contract for public improvements with Chadsworth Homes, Inc. for the improvements shown on the plans approved by the Director of Engineering and Public Works for Warren Hill Subdivision, which will go into effect after they purchase the property. SECTION II. The new corporate surety bond from the American Motorists Insurance Company in the amount of $79,481.00 in a form approved by the Town Attorney is approved. SECTION IlL The corporate surety bond from the Westchester Fire Insurance Company provided by Makela Corporation/Key Holdings, Inc. in the amount of $79,481.00 is released contingent upon approval by the Town Attorney of the substitute corporate surety bond from the American Motorists Insurance Company provided by Chadsworth Homes, Inc. SECTION IV. When the new contract and performance guarantee from Chadsworth Homes, Inc. are received and in effect, the contract for public improvements with the Makela Corporation shall be cancelled. 95-126 - A RESOLUTION: AUTHORIZING THE CLOSING OF CERTAIN TOWN STREETS FOR THE NVBIA TEN KILOMETER RACE WHEREAS, the Northern Virginia Building Industry Association is sponsoring a ten kilometer road race on August 20, 1995; and WHEREAS, the race is to benefit the Loudoun County Al?heimer's Respite Center and Interfaith Relief, Inc;, and WHE~, the race includes some streets located within the town limits: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to close the town streets shown on the attached map for the time necessary to allow racers to pass during the NVBIA ten kilometer race. 95-127 - A RESOLUTION: AUTHORIZING THE CLOSING OF CERTAIN TOWN STREETS FOR THE Parade Park at INDEPENDENCE DAY FIREMAN'S PARADE ~ WHEREAS, the Leesburg Volunteer Fire Department will be conducting their annual Fireman's on July 4, 1995, as part of the town's Independence Day celebration; and WHEREAS, the parade will begin at Catoctin Elementary School at 4:00 p.m. and end at Ida Lee 5:00 p.m.; and WHEREAS, the parade is expected to draw large attendance as part of the festivities: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to close certain streets necessary to allow the parade to pasa C0~/B/95 -11- safely from Catoctin Elemontary School to Ida Lee Park. 95-128 - A RESOLUTION: SUPPORTING THE RETENTION OF FULL SERVICE BANKING AT FIRST UNION BANK BRANCH IN HISTORIC DOWNTOWN LEESBURG WHEREAS, First Union Bank representatives have discussed with the town manager the possibility of discontinuing their full array of consumer banking services at their downtown Leesburg branch; and WHEREAS, the closing or the reduction of services offered at this downtown branch would detrimentally impact the viability of the historic district; and WHEREAS, the Town of Leesburg continues to invest significant funding and resources to ensure the viability of the historic district; and WHEREAS, First Union Bank is encouraged to continue its partnership role in remaining committed to downtown Leesbur~ THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town of Leesburg hereby supports the retention of full service banking at the First Union Bank branch in historic downtown Leesburg. Further, First Union Bank representatives are invited to meet with the Town Council prior to making a decision on this important matter. 95-129 - A RESOLUTION: ESTABLISHING PRO-RATA FEES FOR THE MIDDLE TUSCARORA CREEK SEWAGE CONVEYANCE SYSTEM WHEREAS, Section 15-15 of the Town Code authorizes the town to collect pro-rata fees for town- constructed sewer conveyance facilities necessitated, at least in part, by future subdivisions or development of land; and WHEREAS, the town recently completed construction of approximately4,820 feet of 10- through 15- inch gravity sewer pipes for the Middle Tuscarora Creek sewer conveyance system; and WHEREAS, it has been determined that one hundred percent of the total cost of the installation of this facility is for the benefit of property owners or developers of undeveloped lands in the Middle Tuscarora Creek Watershed; and WHEREAS, the total estimatedcost for aH improvements associatedwith the Middle Tuscarora Creek Sewer System project is $433,682.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Middle Tuscarora Creek Sewer System Improvements pro-rata facility charge is hereby established, effective upon passage, at $0.64 per gallon per day of estimated sewage flow for all new connections of the service area on the attached map. SECTION II. The fee as specified in Section I shah be paid prior to the issuance of a zoning permit and concurrently with the payment of required availability fees for new connections to the Middle Tuscarora Creek sewer system. SECTION III. The fee shah be adjusted by the percentage increase or decrease in Engineering News Record Construction costs index value at the time of application. The current construction cost index value from which the increase or decrease shaH be measured is 5432. SECTION IV. The fees established herein shah run with the property and the Town Manager shah maintain for public inspection a record of properties subject to these fees. 95-130 - A RESOLUTION: AUTHORIZING AN OFFER TO NANCY H. O'CONNOR FOR ACQUISITION OF FEE SIMPLE PROPERTY REQUIRED FOR CONSTRUCTION OF THE MAIN ZONE TANK #1 WATER STORAGE TANK WHEREAS, a need exists for the acquisition of fee simple property within the Town of Leesburg, affecting approximately 44,000 square feet from Nancy H. O'Connor, on whose property the location of the Main Zone Tank #1 has been established; and WHEREAS, a fair market value for the property has been established by a certified appraiser: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized and directed to negotiate the fee simple purchase of property, owned by Nancy H. O'Connor, affecting 44,000 square feet, more or less as identified as being a CO6/13/95 -12- portion of Tax Map 39, Parcel llA, in an amount not to exceed $37,887.50. 95-131 - A RESOLUTION: APPROPRIATING FUNDS FOR THE REMOVAL OF PLAYGROUND EQUIPMENT AT PLAZA STREET PARK WHEREAS, the town entered into a lease agreement with National Housing Partnership to operate Plaza Street Park in 1991; and WHEREAS, the lease agreement allowed NHP to better supervise and secure the park; and WHEREAS, the existing playground equipment has deteriorated and does not conform to state and federal guidelines; and WHEREAS, NHP has requested the town remove the equipment so new equipment can be installed; and WHEREAS, staff have obtained an estimated cost of $8,000.00 to remove the equipment. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The total of $8,000.00 is hereby appropriated from the unappropriated fund balance to the Parks and Recreation budget for the removal of the playground equipment. SECTION II. The Town Manager is directed to obtain written assurance that NHP will replace the playground equipment. VOTE Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Abstain:Councilmember Trocino (g),(o),(p) Absent: Councilmember AtweH H.(e) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 95-132 - A RESOLUTION: INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AND THE DESIGN AND CONSTRUCTION STANDARDS MANUAL TO MODIFY THE DEVELOPMENT REVIEW PROCESS WHEREAS, the Economic Development Commission requestedthe Planning Commission to consider certain modifications to the development review process for the purpose of expediting the process; and WHEREAS, the Planning Commission has discussed the proposal beginning at their August 11, 1995, work session and at several subsequent meetings; and WHEREAS, the Planning Commission agrees in concept, that approval of preliminary development plans and subdivision plats should remain the responsibility of the Planning Commission and that approval of final development plans and subdivision plats should be approved administratively; and WHEREAS, the Planning Commission desires to thoroughly review and discuss the detail necessary to ensure the success of this proposed change to the development review process; and WHEREAS, the Commission has recommended initiationof the necessary amendments to the Zoning Ordinance, Subdivision and Land Development Regulations and the Design and Construction Standards Manual; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The necessary study to consider potential amendments to the Zoning Ordinance, Subdivision and Land Development Regulations and the Design and Construction Standards Manual is hereby initiated, regarding modification of the development review process such as the Planning Cotmnission is responsible for approval of preliminary development plans and preliminary subdivision plats and further, to establish and define administrative approval of final development plans and final subdivision plats. SECTION II. The Planning Commission shall hold a public hearing for consideration of these CO6/13/95 -13- amendments and report its recommendations to the Town Council pursuant to Chapter 11, Title 15.1-451 of the 1950 Code of Virginia, as amended. DISCUSSION Ms. Emswiller stated she would vote against the resolution until she could be assured that staff will not be able to vote differently then from the Planning Commission. Mr. Buttery proposed an amendment to Section I of the resolution. Mr. Webb concurred with Mr. Buttery's amendment. Ms. Emswiller agreed with Mr. Buttery's amendment and will vote in favor of the resolution as amended. VOTE Aye: Cotmcilmembers Buttery, Emswilier, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmember Atwell ll.(d) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 95-133 - RESOLUTION: AMENDING RESOLUTION 92-80 (COMPREHENSIVE SIGN PACKAGE CSP- 92-01 SHENANDOAH SQUARE SHOPPING CEN'I~R) TO INCREASE THE HEIGHT OF THE EXISTING MONUMENT SIGN AS RECOMMENDED BY THE BOARD OF ARCHITECTURAL REVIEW APPLICATION #BAR-94-93 WHEREAS, on June 9, 1992, Council approved a Comprehensive Sign Package for the Shenandoah Square Shopping Center as recommended by the Board of Architectural Review on May 18, 1992; and WHEREAS, the owner, Mr. Martin Magaziner, requested the existing monument sign be increased in height in order to be visible to north bound traffic on Route 15 (By-pass); and WHEREAS, the BAR considered this request and recommended approval of the increase subject to including the following items: 1. Provide at least three "steps" on the sign; 2. Utilize the same material and color of the existing sign; and 3. Provide landscaping which will match the previously approved landscaping design; and WHEREAS, the applicant has agreed to the above items and will address them with the submittal of a sign permit application. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Comprehensive Sign Plan (CSP-92-01) for Shenandoah Square Shopping Center is hereby amended by reference to increase the height of the existing monument sign in conformance with the conditionally approved application, #BAR-94-93. DISCUSSION Mr. Webb expressed concern with setting a precedent in the future. VOTE Aye: Councilmembers Emswiiler, Trocino, Umstattd, Webb, and Mayor Clem Nay: Councilmember Buttery Absent: Councilmember Atweli ll.(bb) MOTION On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 95-134 - A RESOLUTION: AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE CO6/13/95 -14- WHEREAS, the authorized number of positions in the town's service must be amended or re-adopted consistent with the Pay and Classification Study and the adopted FY 1996 Budget; and WHEREAS, this authorization is made in tandem with the adoption of an ordinance amending the town's employee classification plan, pay grades and ranges: 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 for the fiscal year 1996 are established as follows: Number of Full-Time Equivalent Positions Available LEGISLATIVE DEPARTMENT Clerk of Conncil 1 EXECUTIVE DEPARTMENT Manager Deputy Town Manager Asst. Town Manager for Economic Development Executive Secretary Personnel Manager Public Information Officer Secretary FINANCE DEPARTMENT Director of Finance Asst. Director of Finance Accounting Clerk I Systems Technician Finance Technician Meter Technician POLICE DEPARTMENT Chief of Police Captain Lieutenant Sergeant Corporal Police Officer Ist Class Police Officer Administrative Secretary Secretary Parking Control Officer Police Records Assistant 1 1 1 10 3 3 19 1 ! 1 1 ENGINEERING AND PUBLIC WORKS ADMINISTRATION Director of Engineering and Public Works Engineer II - Transportation Administrative Secretary 1 1 2 ENGINEERING AND INSPECTIONS Chief of Engineering Chief of Operations/Inspections Engineer II Contracts Administrator Construction Inspector Superintendent Asst. Superintendent 1 2 CO6/13/95 -15- Maintenance Worker III Maintenance Worker II Maintenance Worker I Data Entry Clerk (part-time) 6 6 5 .5 EQUIPMENT MAINTENANCE Superintendent Assistant Superintendent Heavy Equipment Operator Equipment Mechanic II Equipment Mechanic I PARKING METER AND LOTS Parking Attendant (part-time) PLANNING~ ZONING AND DEVELOPMENT Dir. Planning, Zoning & Development Chief of Planning Zoning Administrator Planner II Asst. Zoning Administrator Planning & Zoning Assistant Administrative Secretary Secretary PARKS AND RECREATION Director of Parks and Recreation Asst. Director of Recreation Administrative Secretary Center Manager Landscape Architect Recreation Program Supervisor Accounting Clerk Part-time Staff Groundskeeper Secretary LIBRARY La'brary Coordinator L~rary Assistant UTILYFIES ADMINISTRATION Director of Utilities Asst. Director of Utilities Administrative Secretary Capital Projects Representative WATER POLLUTION CONTROL Superintendent Asst. Superintendent Senior Utility Plant Operator Utility Plant Supervisor Utility Plant Operator Utility Plant Operator Trainee Heavy Equipment Operator Administrative Secretary Utility Maintenance Worker UTILITIES LINES 1.5 1 2 1 4 1 1 1 1 1 1 1 1 1 4 2 12.9 1.5 1 1 2 C06/13/95 -16- Superintendent Asst. Superintendent ~iaiatnaaa~ Crew Leader Utility Maintenance Worker WATER SUPPLY Superintendent Utility Plant Supervisor Senior Utility Plant Operator Utility Plant Operator Utility Plant Operator Trainee Maintenance Worker II UTILITIES MAINTENANCE Superintendent Utility Maintenance Mechanic Utility Maintenance Worker AIRPORT Airport Manager Airport Operations Supervisor Airport Operations Assistant (part-time) TOTAL PERSONNEL AUTHORIZED Full-time Equivalent 189.7 (part-time positions inclusive in total above) 16.7 VOTE Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None .Absent: Councihnember Atwell MOTION On motion of, and duly seconded, the meeting was adjourned at 9:.45 p.m. C~erk of Council · Clem, Mayor C06/13/95 -17-