HomeMy Public PortalAbout1995_06_27 (2)TOWN COUNCIL MEETING MINUTES OF JUNE 27, 199S
A regular meeting of the Leesburg Town Council was held on June 27, 1995, 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 Emswiller
SALUTE TO THE FLAG was led by Councilmember Umstattd
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 A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Planner Marilee Seigfried
Zoning Administrator Scott Johnson
Deputy Town Attorney Deborah Welsh
Town Clerk Barbara Markland
Captain Michael McVeigh
Detective Joanna Parrott
Sergeant Cathy Polen
Sergeant Danny Tavenner
Planning Commission members present
Chairman Mervin Jackson
B.J. Webb
Susan Rutherford
Mike Belles
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the regular meeting minutes of June 13, 1995, the special
meeting minutes of June 19, 1995 and June 20, 1995 were approved as written. The special meeting minutes
of June 14, 1995 were approved as amended by Mr. Buttery.
VOTE
Aye;
Nay:
Abstain:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Atwell
PETITIONERS
Stanley Caulkins, a resident of Leesburg, spoke in support of Tom Martin as a candidate for the Police Chief
position. He expressed disappointment that the mechanism does not work to keep silence of discussions in
executive sessions.
Hub Turner stressed the need for sidewalks on South King Street.
Mayor Clem suggested that Steve Brown contact VDOT to address this issue. He requested it be added to
the July 5, 1995 Administration and Public Works committee meeting agenda.
Diane Drayer, a resident of Leesburg, addressed the Town Council regarding neighborhood children playing
hockey in the street. She advised the Council that Chief Kidwell stated it is unlawful to play or have toys in
the streets. Ms. Drayer requested a response.
Mr. Brown stated he would check into the situation and report back to the Council.
Peter O'Reilly and Don McMurray, reported that the 3rd Intercept Study is complete, and the Executive
Summary will be forthcoming. They added that five members of the LEDCwish to express disagreement with
the changes in the parking garage fee structure from three hours to two hours. Mr. McMurray read a letter
from Charles Fincher, of the town's LEDC, requesting the matter be tabled for further consideration.
JOINT PUBLIC HEARING: To consider #ZM-14$ Edwards Landinf
Marilee Seigfried presented a brief staff report.
Mr. Buttery asked what the total number of houses will be in all three phases?
Ms. Seigfried stated 407 in the original application, but with the relocation of the recreation area there is a
decrease to 398. At this time there are 406.
Mr. Buttery asked if the proffered recreational area would remain the same size and have the same amenities?
Ms. Seigfried answered it would remain approximately the same size.
Mr. Buttery asked if the average lot size would decrease in phase 2 and increase in other phases?
Ms. Seigfried stated the lots in phase 2 would increase due to the pipe stem lots. The northeast corner lots
will decrease.
Mike Banzhaf, representing the applicant, further described the request.
Hub Turner considered it responsible to make the concessions and to preserve the artifacts.
Alfred Dennis agreed with protection of the area.
Mayor Clem announced the public hearing would remain open for 10 days. The issue was referred to the
Planning & Zoning Committee meeting of July 5, 1995.
Mervin Jackson stated the Planning Commission would like to further review the application before it is
referred to the Town Council for a vote.
COUNCILMEMBER COMMENTS
Mr. Webb requested a financial report on the recent "Thunder In The Park" concert held at Ida Lee Park.
Mr. Buttery welcomed Councilmember Atwell back from his trip.
Ms. Umstattd also welcomed Mr. Atwell back.
She thanked the National Guard Armory and Sergeant Cooper for providing a tent to the Dulles Greenway
participants of the recent Relay for Life held at Broad Run High School.
Ms. Umstattd thanked John King for his donation of a book, on b~haif of the American Legion Post 34, to
the Rust Library on the history of the buffalo soldiers.
Ms. Umstattd referred to a letter received from an individual regarding whether there is a hiring preference
in the Town of Leesburg for veterans. She informed Council the individual requested the issue be addressed.
She asked that the issue be discussed at the next Administration and Public Works committee meeting. Ms.
Umstattd stated the individual also expressed concern that someone in a safety related position, such as the
Police Chief, should be a resident of the town.
Mr. Trocino had no comment.
Mr. Atwell stated that his trip was enjoyable and he was glad to be back.
Ms. Emswiller reported the American Heart Association recently raised $5,000 and the Relay For Life event
benefiting the American Cancer Society, raised approximately $42,000.
MAYOR'S REPORT
Mayor Clem thanked the Loudoun Orchestra for a great kick-off at the Bluemont Concert Series.
MANAGER'S REPORT
Mr. Brown summarized the Activity Report.
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JOINT PUBLIC HEARING: To consider #ZM-145 Edwards Landing
CONSIDERATION OF THE APPEAL (PROFFER INTERPRETATION) #ZM-134 HARPER PARK aka
POTOMAC STATION
Scott Johnson pro~ded the staff report.
Mike Banzhaf, representing the applicant, distributed a memorandum and photo detailing the proposed
development. He addressed the Council offering further information on the proffers.
Ms. Umstattd asked Mr. Banzhaf if he agreed that under the most recent proposal, the percentage of single
family detached would decrease from 52% to 45%?
Mr. Banzhaf stated yes, there is a reduction in the overall number of units.
Mr. Trocino requested time to consider Mr. BanThaf's memo.
The issue was referred to the July 5, 1995 Planning & Zoning Committee meeting.
LEGISLATION
lO.(b)
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and unanimously
adopted.
95-O-17 - AN ORDINANCE: AMENDING SECTION 6-2 OF THE TOWN CODE
REGARDING VOTING PLACES
WHEREAS, Section 6-2 of the Town Code establishes voting places for elections in the Town of
Leesburg; and
WHEREAS, the Loudoun County Electoral Board has recommended that two polling places be
changed; and
WHEREAS, a notice of intent to amend the town's polling places was published on June 14 and 21
in accordance with state law.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 6-2 of the Town Code is hereby amended to read as follows:
The election of municipal officials and the voting place for such election in Precinct Number 501,
West Leesburg. shah be at the Leesburg Volunteer Fire Department Building. 215 Loudoun Street, S.W.; the
election of municipal officials and the voting place for such election in Precinct Number 502, East Leesburg.
shah be at the Loudoun County ReSCUe Squad Building. 143 South Catoctin Circle; the election of municipal
officials and the voting place for such election in Precinct Number 503, Dry Mill, shah be at the C.S. Monroe
Vocational Technical Center, 715 Children's Center Road, S.W.; the election of municipal officials and the
voting place for such election in Precinct Number 201, Simpson, shah be the J. Lupton Simpson Middle
School, 18 Evergreen Mill Road S.E.; the election of municipal officials and the voting place for such election
in Precinct Number 405, Greenway, Shah be the We:+.7=rk He+.e!, 59 C~.'_'bhe'_':e DE:'e, _e.W. Leesburg Baptist
Church, 835 Lee Avenue, S.W.; and the election of municipal officials and the voting place for such election
in Precinct Number 406, BaHs Bluff, shah be the _e"_.en=nde=h Squ_~re Office n,,:,.~:., ~ ~n~ txo.~,~..o x~,, ~ t:
Balls Bluff Elementary School, 821 Battlefield Parkway, N.E.
SECTION II. This ordinance shah be effective upon its passage.
VOTE
Aye:
Nay:
Councilmembers Atweik Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
10.(c) was referred to the July 11, 1995 Town Council meeting.
lO.(d).(e).(lr).(t).(h).(i).(i)
Mr. Brown stated that additional information will be forthcoming on item 10.(e), therefore recommending
adoption.
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MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent and
adopted.
95-140 - A RESOLUTION: AUTHORIZING APPROVAL TO DISPOSE OF PARCEL "A" OF 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 National Housing Partnership to better supervise and secure
the park; and
and
WHE~, National Housing Partnership has requested to obtain Parcel "A" of the park property;
WHE~, the town has determined the park property serves no governmental purpose:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized to take the appropriate steps to dispose of Parcel"A"
of Plaza Street Park subject to Town Council approval
SECTION II. The Town Manager is directed to secure assurances to insure the property will always
remain a park for Loudoun House residents.
SECTION III. The Town Manager is directed to secure assurances that playground equipment will
be installed for Loudoun House residents.
SECTION IV. The Town Manager is directed to secure assurances that security measures will be
installed for Loudoun House residents.
95-141 A RESOLUTION: MODIFYING RESOLUTION NO. 93-190 TO EXTEND THE
OURS PROPERTY ACQUISITION AGREEMENTS FOR A PERIOD OF ~S
MONTHS
WHEREAS, Town Council Resolution No. 93-190 authorized the purchase of approximately 10 acres
of land known as the Ours Property for the Leesburg Municipal Airport Runway Protection Zone; and
WHEREAS, closing on the property is presently required on or before June 30, 1995; and
WHEREAS, the town only recently received the required funding allocation from the Federal
Aviation Administration for the acquisition of this property and is presently processing the grant application
and funding advance requests for closing;, and
WHEREAS, the town has executed agreements with Brian ~. Ours and the Dulles Greenway for the
acquisition of this property; and
WHEREAS, these agreements will need to be extended for a period of up to six months to allow
more than ample time to close on the property:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The required closing date for the acquisition of the Ours Property as specified in Town Council
Resolution No. 93-190 is hereby extended for a period of six months, from June 30, 1995 to December 31,
1995.
95-142 - A RESOLUTION: AUTHORIZING AN EASEMENT FOR INSTALLATION OF
UNDERGROUND FOUNDATIONS FOR THE LOUDOUN COUNTY GOVERNMENT
CENTER WITHIN PORTIONS OF PUBLIC STREET RIGHTS-OF-WAY ADJACENT
TO THE COUNTY COMPLEX SITE
WHEREAS, the design and layout of the Loudoun County Government Complex Office Building,
located at 3 Harrison Street, S.E., within the Town of Leesburg requires that portions of the building's
underground foundation must extend beyond the property boundaries into the public street rights-of-way
adjacent to the site; and
WHEREAS, easements to construct, maintain and repair building foundations within the town owned
rights-of-way are needed as follows: six (6) feet immediately adjacent to the property along East Market
Street, two (2) feet immediately adjacent to the property along Harrison Street and five (5) feet immediately
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adjacent to the property along East Loudoun Street; and
WHEREAS, the foundation will be located below ground under proposed sidewalks but not under
roads.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An easement within the rights-of-way of East Market Street, Loudoun Street and
Harrison Street adjacent to the County Complex property for the installation, repair and replacement of
underground foundations in a form approved by the Deputy Town Attorney is hereby granted to GILCORP.
SECTION II. The Mayor is authorized to sign the easement on behalf of the Town Council.
95-143 -A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID
FOREST PHASE 1, SECTION 2
WHEREAS, First Potomac Development Company, 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 corporate surety bond in the amount of $167,355.34 from the American Motorist
Insurance Company was provided by the developer to guarantee the installation of public improvements for
Kincaid Forest Phase 1, Section 2; and
WHEREAS, the Director of Engineeringand Public Works has approved the $167,355.34 to guarantee
installation of the remaining public improvements for Kincaid Forest Phase 1, Section 2.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of six (6) months for the installation of public improvements is hereby
approved for Kincaid Forest Phase 1~ Section 2.
SECTION II. The corporate surety bond from the American Motorist Insurance Company in the
amount of $167,355.34 is approved to guarantee the installation of public improvements for Kincaid Forest
Phase 1, Section 2.
95-144 A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER
EXTENSION PERMITS FOR EXETERS FIRST ADDITION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the improvements
shown on the plans approved by the Director of Engineering and Public Works for Exeters First Addition.
SECTION II. The extension of municipal water and sewer for Exeters First Addition is approved in
accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from the
American Motorists Insurance Company in the amount of $467,995.99 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and Public
Works for Exeters First Addition.
95-145 A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER EXTENSION PERMIT
FOR THE UNITED STATES COMBINED TRAINING ASSOCIATION
HEADQUARTERS
RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. The manager shall execute the contract for public improvements for the improvements
shown on the plans approved by the Director of Engineering and Public Works for the United States
Combined Training Association Headquarters.
SECTION II. The extension of municipalwater for the United States CombinedTrainingAssociation
Headquarters is approved in accordance with Section 19-18 of the Town Code.
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SECTION III. The corporate surety bond in a form approved by the town attorney from the
American Motorists Insurance Company in the amount of $20,900.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and Public
Works for the United States Combined Training Association Headquarters.
95-146 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN THE
TOWNES OF VANDERBILT
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in the Townes of Vanderbilt and certified that the value of work performed
is $52,688.10; and
WHEREAS, a letter of credit in the amount of $89,073.70 from the Washington Savings Bank was
provided by the developer and approved by the Council to guarantee installation of public improvements for
the Townes of Vanderbilt.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from the Washington Savings Bank in the current
amount of $89,073.70 is reduced by $52,688.10 to $36,385.60.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit 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 the Townes of Vanderbilt.
DISCUSSION
Mr. Webb referred to item 10.(e) asking when the funds would be available.
Mr. Brown stated the funds have been authorized and the town should receive the check by the end of July.
Mr. Atwell asked if the Ours family agreed to the extension and if there is a reason why the funds are not
available yet?
Mr. Brown stated that he spoke with the Ours today and they do agree. Mr. Brown stated that the FAA has
given no reason as to why the check has not been mailed.
Mr. Buttery requested more details on item 10.(d).
Mr. Brown provided information on the interior parcel.
Mr. Trocino explained further on behalf of the Parks & Recreation Commission.
Mr. Brown stated this is a request of the Loudoun House Management Company and the owner. He added
the playground equipment will be replaced.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Abstain: Counciimember Trocino (g), (i)
10.(k)
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted.
95-147 - A RESOLUTION: CONSENTING TO THE TOWN MANAGER'S APPOIN'I~ENT
A CHIEF OF POLICE
WHEREAS, Chief James Kidwell is retiring as the Town of Leesburg Chief of Police on June 30,
1995 after many years of dedicated service to the town; and
WHEREAS, a recruitment and selection process has been professionally conducted by the Town
Manager, with the assistance of the Deputy Town Manager, members of the Town Council, Leesburg citizens
and area law enforcement professionals; and
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WHEREAS, Section 3-6 of the Leesburg Town Charter states that the municipal manager shall
appoint, with the advice and consent of the council, a Chief of Police, who shall serve at the pleasure of the
municipal manager; and
WHEREAS, the Town Council has met with and interviewed the top three candidates for the position
of Chief of Police:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Leesburg Town Council hereby consents to the appointment of Keith A. Stiles of Herndon,
Virginia as the Chief of PoNce for the Town of Leesburg, effective July 3, 1995.
DISCUSSION
Ms. Umstattd stated there has been a lot of support in the community for Tom Martin. She commented it
is important that the Council be united in the decision and therefore would vote in favor of the resolution.
Mr. AtweH stated he was unable to participate in any of the interviews and executive sessions and therefore
would abstain. He made the following comment. "In abstaining I make this comment that as soon as Chief
Kidwell announced his resignation I urged the Council and the staff to begin the selection process as early as
possible. I have to say that I am a little disappointed that it took this amount of time. I h~fd hoped that it
would have been completed prior to the early part of June so that I could participate in the process. But it
did not work out that way. So, because of those reasons I will be abstaining on this vote."
Mr. Buttery noted there were 71 candidates for the Police Chief position. He stated Mr. Atwell did play a
significant role in the selection process serving on the committee. Of the top 7 candidates, any one of them
could have done a very good job as Chief. The Town Council was impressed with the 3 candidates that were
presented to them. It was a very close vote. "There was a lot of support for Sergeant Martin. I hold the
highest regard for the Sergeant. Keith Stiles will bring expertise to the Town of Leesburg."
Mr. Webb commented it was a very difficult decision.
Ms. Emswiller supported what was previously said She was pleased with the manner in which the Town
Council handled the hiring of the new Chief. She stated Leesburg can be proud that it had such a high caliber
of candidates apply for the position. Ms. Emswiller added it was a very difficult decision to make, since there
was very little difference between the 3 final candidates. All were well qualified and any of the three could
have done a good job. Ms. Ems'wilier stated no one can take Chief Kidwell's place. She is very comfortable
that the Council has chosen an individual that everyone will be proud of.
Mayor Clem made the following comments. "As the Council interviewed the 3 candidates, there was a lot of
focus placed on important issues that will drive this police department into the future. Community policing
played a major part - overall training, forward thinking ideas, experience dealing with various ethnic groups
and backgrounds, education, communication skills, management and budget, communications systems and just
a broad knowledge of policing in general. When we interviewed the last 3 candidates we found that most of
the criteria was met by the candidates. I will support this nominee. I would like to say that I was
disappointed in a lot of the activity that occurred during the appointment of the new chief. But I think that
we will all do fine by him and I wish him well.*
VOTE
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Abstain: Councilmember Atweli
10.(m) was referred to the July 11, 1995 Town Council meeting.
NEW BUSINESS
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
95-O-18
AN ORDINANCE: AMENDING CHAPTER 2, ARTICLE II, SECTION 2-91
COMPENSATION FOR THE MAYOR AND MEMBERS OF THE COUNCIL
WHE~ the adopted budget for fiscal year 1996 includes funds necessary to restore the
compensation for the Mayor and Town Councilmembers to 1992 levels:
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THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Annual compensation of the Town Council is amended as follows:
See. 2-91. Mayor and councilmembers.
Compensation for the mayor and members of the council, after July 1, !993 1995 shall be
$7,500.00 and ~,~.00 $6,000.00 per annum, respectively, payable in equal monthly installments.
SECTION II. This ordinance shall become effective July 1, 1995.
VOTE
Aye:
Nay:
11.(o)
Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb
Counci!member Umstattd and Mayor Clem
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and unanimously
adopted.
95-148 A RESOLUTION: SUPPORTING AN AMENDMENT TO THE OPEN SPACE
EASEMENT MADE ON NOVEMBER 7, 1990 BETWEEN PINNACLE-RYAN
ASSOCIATES AND THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY,
VIRGINIA
WHEREAS, a Deed of Open Space Easement was made on November 7, 1990 between Pinnacle-
Ryan Associates and the Board of Supervisors of Loudoun County, Vir~nia on a property comprised of
approximately 31.7 acres, including a 100-foot buffer strip, located between a proposed pump station and the
County boundary along the southeast property line of Edwards Landing; and
WHEREAS, on November 14, 1990 the Board of Supervisors of Loudoun County and Town Council
of the Town of Leesburg adopted a Boundary Line Adjustment Agreement revising the corporate boundary
for the Town of Leesburg; and
WHEREAS, rezoning application #ZM- 109 Edwards Landing was approved on January 8, 1991; and
WHEREAS, on October 28, 1994 a Preliminary Subdivision Plat was submitted for Edwards Landing
by U.S. Home; and
WHEREAS, during the staff review of the Preliminary Subdivision Plat for Edwards Landing, certain
Civil War era earthworks were discovered on the property at the location of the proffered active recreation
area; and
WHEREAS, the applicant was requested to preserve these important Civil War era earthworks; and
WHEREAS, on April 4, 1995 Riggs National Bank of Washington, D.C. submitted #ZM- 145 Edwards
Landing Concept Plan and Proffer Amendment to relocate the proffered active recreation area interior to the
site in order to preserve the Civil War era earthworks discovered on the site; and
WHEREAS, the applicant has requested the open space easement be amended to permit creation
of eight buildable lots in the area known as a 100-foot buffer strip in exchange for preservation of the Civil
War earthworks.
SECTION I. Civil War era earthworks have an important cultural value to the Town of Leesburg
and Loudoun County and should preserved when possible.
SECTION II. Town Council hereby requests that the County amend the Open Space Easement
pursuant to #ZM-145 Edwards Landing by Riggs National Bank of Washington, D.C. and directs the Town
Manager and staff to provide coordination and assistance to Loudoun County as necessary to amend such
easement.
DISCUSSION
Ms. Seigfried provided a brief summary.
VOTE
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A RESOLUTION:
-2-
SUPPORTING AN AMENDMENTTO THE OPEN SPACE EASEMENT MADE
ON NOVEMBER 7, 1990 BETWEEN PINNACLE-RYAN ASSOCIATES AND
THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY, VIRGINIA
Aye:
Nay: None
MOTION
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
On motion of, and duly seconded, the meeting was adjourned at 9:20 p.m.
Clerk of Council
ames E. Clem, Mayor
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