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HomeMy Public PortalAbout1996_08_13TOWN COUNCIL MEETING MINUTES OF AUGUST 13, 1996 A regular meeting of the Leesburg Town Council was held on August 13, 1996, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present J. Frank Buttery, Jr. Jewell M. Emswiller (absent) Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Deputy Town Manager Gary Huff Director of Engineering and Public Works Thomas A. Mason Public Information Officer Susan Farmer Assistant Town Manager for Economic Development John King Deputy Town Attorney Deborah Welsh Town Clerk Barbara Markland PROCLAMATION A proclamation of congratulations was presented to Ms. Casey Alecia Quinn for obtaining the Gold Award from the Girl Scouts of America. PETITIONERS Ms. Cathy Donovan, representing the Loudoun Symphony Guild, addressed the Council by explaining the guild's purpose. Ms. Donovan invited the Council to attend an unveiling of a limited edition painting of the Town of Leesburg to be held on August 16, 1996 at the Potomac Gallery. Mr. David Ciccarelli, President of the Kincaid Forest Homeowners Association, presented a statement regarding the progress of the subdivision and requested a follow up meeting with the Mayor and Council, Mr. Mason and representatives of First Potomac to discuss the homeowner's concerns. Ms. Michele Garrison, a resident of the Townes of Vanderbilt, provided a petition regarding concerns of the residents. Ms. Garrison's statement and the petition are made a part of the official record. COUNCILMEMBER COMMENTS Ms. B. J. Webb reported on the Airport Commission's meeting. The Commission has been working on Vision 21, the master plan for the airport. This report will be made available to the Council in the next several weeks. Ms. Webb urged each of the Councilmembers to consider the airport master plan during discussion on the Comprehensive Town Plan. Airport Commission Chairman, Stanley Caulkins will be honored at the State Aviation Conference next week in Roanoke for contributing over 35 years of dedication and commitment to aviation. Ms.-Webb also attended the Tree Commission meeting last week. A Tree Care information kit is available from the Planning Department. The Airport Commission, as well as the Tree Commission expressed a need to work with other boards and commissions. Ms. Webb commended the,Town's Police Department for the quick apprehension of a suspect on the bike trail. Ms. Webb encouraged bike trail users to let someone know when and where you are going on the bike trail and if possible take some type of communication equipment or alarm along. Ms. Webb commended Ms. Helen Albert who has been an employee of Blossom and Bloom for over 20 years and who has given over 30,000 hours of community service. Ms. Webb has received numerous phone calls from residents in the Exeter Subdivision inquiring the status of the proposed water tower. Mayor Clem requested that a status report on the water tower site be on the September 3, 1996 committee agenda. He stated the Exeter site has been eliminated. Mr. Trocino concurred with Mayor Clem that there will be no water tower at the Exeter site. Mr. Trocino stated that the Mayor's Wall project is near completion. Mr. Trocino will be attending his first meeting with the Virginia Municipal League's Self Insurance Group. Ms. Umstattd reminded everyone to attend August Court Days this weekend. Mr. Buttery thanked several members of the Leesburg Police Department for their efforts on Graffiti Clean Up Day. Mr. Webb commented on Chuck Thornton's car catching on fire at Wage Radio on Wage Drive. MAYOR'S REPORT Mayor Clem also congratulated Stanley Caulkins for his years of service to the aviation industry. Mayor Clem thanked Ms. Katherine Boyd for her efforts again this year in chairing the successful August Court Days event. Mayor Clem reminded the public that the Council will be in recess for the remainder of August and asked that any concerns be addressed through the Town Manager, Steve Brown. Mayor Clem reminded everyone to be mindful of the students returning back to school in September. Mr. Brown received a fax today from Mr. Angel Mulgado, dated August 13, 1996. Mr. Brown read Mr. Mulgado's letter which will be made a part of the official record. MANAGER'S REPORT Mr. Brown thanked Mr. Huff and Mr. Mason for filling in for him during his absence and also Mary Mack for filling in for Clerk of Council Barbara Markland. LEGISLATION 10. (a) MOTION On motion of, and duly seconded, the following ordinance was proposed and adopted. 96-0-26 - ORDINANCE - AMENDING THE TOWN CODE TO INCLUDE CHAPTER 22 OBSCENITY AND CHAPTER 23 PROHIBITED SALES AND LOANS TO JUVENILES THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Code is hereby amended to include the following chapter: Section 22-1. Obscene defined. Chapter 22 Obscenity The word "obscene," where it appears in this article, shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which taken as a whole, does not have serious literary, artistic, political or scientific value. Section 22-2. Obscene items enumerated. For the purpose of this article, obscene items shall include: CO 8/13/96 -2- (1) Any obscene book; or Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker, drawing, photograph, film, negative, slide, motion picture, videotape recording; or (3) Any obscene figure, object, article, instrument, novelty device or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words or sounds. Section 22-3. Productions, publications, sale, possession, etc., of obscene items. (a) It shall be unlawful for any person to knowingly: (1) Prepare any obscene item for the purpose of sale or distribution; or (2) Print, copy, manufacture, produce or reproduce any obscene item for purposes of sale or distribution; or (3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or (4) Have in his possession with intent to sell, rent, lend, transport or distribute any obscene item. Possession in public or in a public place of any obscene item shall be deemed prima facie evidence of a violation of this section. (b) For the purposes of this section, "distribution" shall mean delivery in person, by mail or messenger or by any other means by which obscene items may pass from one person, firm or corporation to another. Section 22-4. Obscene exhibitions and performances generally. It shall be unlawful for any person knowingly to: (1) Produce, promote, prepare, present, manage, direct, carry on or participate in any obscene exhibitions or performances, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided that no employee or any person or legal entity operating a theater, garden, building, structure, room or place which presents such obscene exhibition or section if the employee is not the manager of the theater or an officer of such entity, and has no financial interest in such theater other than receiving salary and wages; or (2) Own, lease or manage any theater, garden, building, structure, room or place and lease, let, lend or permit such theater, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to tail to post prominently therein the name and address of a person resident in the locality who is the manager of such theater, garden, building, structure, room or place. Section 22-5. Advertising obscene items, exhibitions or performance generally It shall be unlawful for any person to knowingly prepare, print, publish or circulate, or cause to be lxepared, printed, published or circulated, any notice or advertisement or any obscene item referred to in section 22-2 or of any obscene performance or exhibition referred to in section 22-4 stating or indicating where such obscene item, exhibition or performance may be purchased, obtained, seen or heard. Section 22-6. Obscene placards, posters, bills, etc. It shall be unlawful for any person to knowingly expose, place, display, postup, exhibit, paint, print or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing or picture which is obscene, or which advertises or promotes any obscene item referred to in section 22-2 or any obscene exhibition or performance referred to in section 22-4, or to knowingly permit the same to be displayed on property belonging to or controlled by him. CO 8/13/96 -3- Section 22-7. Coercing acceptance of obscene articles or publications. It shall be unlawful for any person, association, firm or corporation, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, to require that the purchaser or consignee receive for resale any other article, book or other publication which is obscen_e; nor shall any person, firm, association or corporation deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books or publications, or by reason of the return thereof. Section 22-8. Photographs, slides and motion pictures. Every person who knowingly: (1) Photographs himself or any other person for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or (2) Models, poses, acts or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution: shall be guilty of a Class 3 misdemeanor. Section 22-9. Indecent exposure. It shall be unlawful for any person to intentionally make an obscene display or exposure of his person or the private parts thereof, in any public place, or in any place where others arc present, or to procure another to so expose himself. Section 22-10. Employing or permitting minor to assist in offense under article. It shall be unlawful for any person to knowingly hire, employ, use or permit any minor to do or assist in doing any act or thing constituting an offense under this article. Section 22-11. Exceptions from article. Nothing contained in this article shall be construed to apply to: (1) Thc purchase, distribution, exhibition or loan of any book, magazine or other printed manuscript material by any library, schbol or institution of higher learning, supported by public appropriation. (2) The purchase, distribution, exhibition or loan of any work of art by any museum of fine arts, school or institution of higher learning, supported by public appropriation. (3) Thc exhibition or performance of any plan, drama, tableau or motion picture by any theater, museum of fine arts, school or institution of higher learning, supported by public appropriation. Section 22-12. Violations. Unless otherwise specifically provided within this Article, violations of this article shall constitute a Class I misdemeanor. SECTION II. The Town Code is hereby amended to include the following chapter: Chapter 23 Prohibited sales and loans to juveniles. Section 23-1. Definitions. As used in this article: (1) (2) "Juvenile" means a person less than eighteen years of age. "Nudity" means a state of undress so as to expose the human male or female CO 8/13/96 -4- genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. (3) "Sexual conduct" means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttock or, if such be a female, breast. (4) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (5) "Sadomasochistic abuse" means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. (6) "Harmful to juveniles" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles. (7) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) the age of the juvenile, provided however, than an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile. Section 23-2. Unlawful acts. (a) It shall be unlawful for any person knowingly to sell, rent or loan to a juvenile, or to knowingly display for commercial purpose in any manner whereby juveniles may examine and peruse: (1) Any picture, photography, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subdivision (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles. (b) It shall be unlawful for any person knowingly to sell to a juvenile an admission ticket or pass, or knowingly to admit a juvenile to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual, conduct or sadomasochistic abuse and which is harmful to juveniles or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by juveniles not admitted to any such premises. (c) It shall be unlawful for any juvenile falsely to represent to any person mentioned in subsection {a) or subsection (b) hereof, or to his agent, that such juvenile is eighteen years of age or older, with the intent to procure any material, set forth in subsection (a), or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in subsection (c). (d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) hereof or to his agent, that he is CO 8/13/96 -5- the parent or guardian of any juvenile, or that any juvenile is eighteen years of age, with the intent to procure any material set for in subsection (a), or with the intent to procure such juvenile's admission to any motion picture show or other presentation, as set forth in subsection (b). Section 23-3. Exceptions to application of article. Nothing contained in this article shall be construed to apply to: (1) (2) The purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by an accredited museum, library, school, or institution of higher learning. The exhibition or performance of any play, drama, tableau, or motion picture by any theater, museum, school or institution of higher learning, either supported by public appropriation or which is an accredited institution supported by private funds. Section 23.4. Violations Unless otherwise specifically provided within this Article, violations of this Article shall constitute a Class 1 Misdemeanor. VOTE: SECTION III. This ordinance shall be in effect upon its passage. Aye: Councilmember Buttery, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Nay: None Absent: Councilmember Emswiller Clem 10. (b), (c), (d), (e), (t), (g), (h), (i), (j), (k), (i), (m), (n), (o), (p), (q) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent items and adopted. 96-171 - RESOLUTION - CANCELLING THE AUGUST 20, 1996 COMMITTEE MEETINGS AND THE AUGUST 27, 1996 REGULAR TOWN COUNCIL MEETING 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: The Planning and Zoning, Administration and Public Works and Finance Committee meetings of August 20, 1996 and the regular Town Council meeting of August 27, 1996, are hereby cancelled. MOTION On motion of Ms. Webb, seconded by Ms. Umstattd, the following resolution was amended to include a completion date for the park by November 30, 1996 date. 96-172 - RESOLUTION - AUTHORIZING AN EXTENSION FOR COMPLETION OF A PUBLIC PARK WITHIN THE KINCAID FOREST PLANNED RESIDENTIAL NEIGHBORHOOD WHEREAS, in the approved rezoning plan for Kincaid Forest(ZM-110), the applicant proffered to convey a 6.23 acre park and specific recreation facilities to be completed with the first phase of development; and WHEREAS, Council approved Resolution 95-242 on December 5, 1995, and accepted a performance guarantee for the public park located in the Kincaid Forest Planned Residential Neighborhood; and WHEREAS, Council approved Resolution 96-72 on April 23, 1996 in order to facilitate a redesign of the park in order to address safety concerns raised by the Department of Parks and Recreation; and CO 8/13/96 -6- WHEREAS, the applicant, First Potomac Development Company is continuing to diligently pursue completion of the park development plan, so as to commence construction. THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: An extension to the park completion date contained in Resolution 95-242 and previously modified by Resolution 96-72; is hereby modified to read no later than November 30, 1996. 96-173 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN OLD WATERFORD KNOLL SECTION WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Old Waterford Knoll Section I and certified that the value of work performed is $1,016,521.20; and WHEREAS, a corporate surety bond in the amount of $1,129,468.00 from the Frontier Insurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Old Waterford Knoll Section I. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the Frontier Insurance Company in the amount of $1,129,468.00 is reduced to $112,946.80. SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond 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 tbr public improvements for Old Waterford Knoll Section I. 96-174 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR SYCAMORE HILL PHASE I - OFFSITE STORMWATER MANAGEMENT POND 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 Sycamore Hill Phase I - Offsite Stormwater Management Pond. SECTION II. The irrevocable bank letter of credit in a form approved by the town attorney from Ohio Savings Bank in the amount of $80,863.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works tbr Sycamore Hill Phase I - Offsite Stormwater Management Pond. 96-175 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC CROSSING SECTION 2B 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 Potomac Crossing Section 2B. SECTION II. The extension of municipal water and sewer for Potomac Crossing Section 2B is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety in a form approved by the town attorney from The American Insurance Company in the amount of $720,029.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Potomac Crossing Section 2B. 96-176 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC CROSSING SECTION 3A CO 8/13/96 -7- 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 Potomac Crossing Section 3A. SECTION II. The extension of municipal water and sewer for Potomac Crossing Section 3A is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety in a form approved by the town attorney from The American Insurance Company in the amount of $523,795.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Potomac Crossing Section 3A. 96-177 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC CROSSING SECTION 3B 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 Potomac Crossing Section 3B. SECTION II. The extension of municipal water and sewer for Potomac Crossing Section 3B is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety in a form approved by the town attorney from The American Insurance Company in the amount of $149,424.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Potomac Crossing Section 3B. 96-178 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR FORT BEAUREGARD TOWNHOUSES WHEREAS, F & M Bank - Winchester, the developer of Fort Beauregard Townhouses, 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 previously approved time extension adopted on February 13, 1996; and WHEREAS, the current contract expired on August 2, 1996 and the developer has requested a ninety (90) day time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $67,500.00 from F & M Bank - Massanutten in Harrisonburg, Virginia was provided by the developer to guarantee the installation of public improvements for the Fort Beauregard Townhouses; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $67,500.00 to guarantee installation of the remaining public improvements for the Fort Beauregard Townhouses. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of ninety (90) days for the installation of public improvements is hereby approved for the Fort Beauregard Townhouses. SECTION II. The letter of credit from F & M Bank - Massanutten in the amount of $67,500.00 is approved to guarantee the installation of public improvements for the Fort Beauregard Townhouses. 96-179 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR THE PERMANENT CLOSING OF LAWSON ROAD AT TUSCARORA CREEK WHEREAS, the closing of Lawson Road at the Tuscarora Creek has been included in the Town Plan for over ten years; and CO 8/13/96 -8- WHEREAS, Beauregard Estates Phase I residents have requested the permanent closing of Lawson Road at Tuscarora Creek; and WHEREAS, the construction of the cul-de-sac's on each side of Tuscarora Creek is currently under construction and should be completed by September 1, 1996; and WHEREAS, the Town Council wants the opportunity for the adjacent landowners and users of Lawson Road to present comments to the Council regarding the closing of Lawson Road. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to permanently close Lawson Road at Tuscarora Creek shall be published in Leesburg Today on September 11, 1996 and September 18, 1996 for a public hearing on September 24, 1996 at 7:30 p.m. in the Council Chambers at 25 West Market Street, Leesburg, Virginia. DISCUSSION: Mr. Webb pointed out that the school buses are planning to use this road. Mr. Mason stated that staff would be in contact with the School Board. 96-180 - RESOLUTION - AUTHORIZING A BOUNDARY LINE ADJUSTMENT FOR THE PUBLIC SAFETY CENTER SITE ON PLAZA STREET WHEREAS, the town purchased from Leesburg Plaza Shopping Center Associates property on Plaza Street, on which a public safety center is to be constructed; and WHEREAS, during the design phase of the Public Safety Center project, it became necessary to align the entrances to the property with existing entrances to a shopping center and day care facility on the opposite side of Plaza Street; and WHEREAS, aligning of the entrances while maintaining good design criteria on the site requires that the site improvements be moved toward the south property line; and WHEREAS, an adjustment of the property boundaries is necessary to provide space on which to locate the site improvements. WHEREAS, the proposed boundary line adjustment will not change the total area of property owned by the Town or Leesburg Plaza Center Associates. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor is authorized to execute, on behalf of the town, the documents in a form approved by the Deputy Town Attorney required to adjust the boundary lines of the property of the Public Safety Center as necessary to accommodate the revised location of the site improvements. 96-181 - RESOLUTION - AWARDING A CONTRACT FOR THE ENGINEERING AND DESIGN OF THE EAST MARKET STREET PROJECT TO WILBUR SMITH ASSOCIATES WHEREAS, proposals were received from engineering consulting firms in response to the Request for Proposals issued by the town for the engineering and design of the East Market Street project; and WHEREAS, the selection committee, including a member of the Town Council, evaluated the proposals, prepared a shortlist of the best qualified firms, and interviewed each of the shortlisted firms; and WHEREAS, the firm of Wilbur Smith Associates was selected as the top ranked firm, and fee negotiations have been completed; and WHEREAS, the selection committee recommends award of the engineering and design contract to Wilbur Smith Associates. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to sign on behalf of the town a contract in a form approved by the Town Attorney for the engineering and design of the East Market Street Widening project with CO 8/13/96 -9- Wilbur Smith Associates for a total cost plus fixed fee not to exceed $200,214.51. 96-182 - RESOLUTION - AWARDING A CONTRACT FOR ROOF REPAIRS AT IDA LEE PARK RECREATION CENTER AND MAKINGAN APPROPRIATIONTO FUND THE PROJECT WHEREAS, following completion of the Ida Lee Park Recreation Center in 1990, numerous leaks occurred in the roof; and WHEREAS, during the period from July 1990 to March 1992, numerous attempts were made by the general contractor to correct the leaks but without complete success; and WHEREAS, in June 1992, the town engaged the services of a professional roof engineering consultant to evaluate the design and condition of the roof, and provide recommendations for the remedial work required; and WHEREAS, the consultant provided the town with a comprehensive report detailing conditions which would contribute to leakage in the roof and, unexpectedly, exposed several major deficiencies in the roof system; and WHEREAS, as the result of mediation sessions with the general contractor and architect for the project, the contractor agreed to contribute $132,218.00, and the architect agreed to contribute $41,250 toward the cost of the corrective work; and WHEREAS, as a result of mediation, a total of $173,480.00 is available to have the work completed; and WHEREAS, in June 1996, the town received sealed bids for the roof repairs; and WHEREAS, the lowest responsive bid was received from Constech, Inc. at $320,000.00; and WHEREAS, an appropriation of $165,000.00, including an allowance for contingencies, is required to fully fund the work. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That an appropriation in the amount of $165,000.00 is made from bond proceeds to fund the project. SECTION II. The Town Manager is authorized to execute, on behalf of the town, a contract with Constech, Inc. in the amount of $320,000.00. 96-183 - RESOLUTION - AUTHORIZING A STREET MAINTENANCE PROGRAM FOR FY97 WHEREAS, the FY97 budget appropriated $355,000 for street resurfacing, street milling and concrete repairs; and WHEREAS, the Director of Engineering and Public Works has recommended specific streets to be included for work in FY97 and listed these in a memorandum dated August 2, 1996. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The street resurfacing program outlined in a memorandum to the Council dated August 2, 1996 in the priority listed, is approved. 96484 - RESOLUTION - DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN EQUIPMENT The Town Council of the Town of Leesburg, Virginia (the "Town") has determined that it is necessary or desirable to advance money to pay the costs of acquiring certain equipment for the town, consisting primarily of certain vehicles and data processing equipment (the "Project"). THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council adopts this declaration of official intent under Treasury Regulations Section 1.150-2. SECTION II. The Town Council reasonably expects to reimburse advances made or to be made CO 8/13/96 -10- by the town to pay the costs of acquiring the project from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the project is $400,000. SECTION III. This resolution shall take effect immediately upon its adoption. 96-185 - RESOLUTION - REGARDING THE FARMER'S MARKET AT MARKET STATION WHEREAS, Council approved Resolution No. 96-151 on July 3, 1996, which provided that the land under Market Station be conveyed by the Town to Market Station, L.L.C. subject to the provisions of Paragraph 12 of that lease between the Town of Leesburg and Market Square Associates, Inc. (hereinafter Lease); and WHEREAS, such Paragraph 12 of the Lease provided that the Town purchase the Farmer's Market for the sum of one dollar ($1.00); and WHEREAS, the Department of Housing and Community Development of the Common-wealth of Virginia has determined that the Town does not have to retain ownership of the Farmer's Market; and WHEREAS, the Town is willing to convey the land under Market Station, and Market Station L.L.C. is willing to purchase the land under Market Station without the purchase of the Farmer's Market by the Town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Resolution #96-151 is hereby modified to reflect that the Farmer's Market will be conveyed to Market Station L.L.C. for the sum of one dollar ($1.00) and not purchased by the Town. 96-186 - RESOLUTION - INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE TO PERMIT INDOOR AUTOMOBILE AUCTIONS WHEREAS, Section 2A-7.(1)b. of the Leesburg Zoning Ordinance prohibits automobile auctions in all zoning districts within the Town of Leesburg; and WHEREAS, on August 6, 1996 the Planning and Zoning Committee considered proposed text amendments to the Leesburg Zoning Ordinance that would permit indoor public automobile auctions in the B-2 Established Corridor Commercial Zoning District by special exception; and WHEREAS, on August 6, 1996 the Planning and Zoning Committee forwarded the proposed zoning ordinance text amendments to the full Council for initiation and referral. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following text amendments to the Leesburg Zoning Ordinance are hereby initiated and referred to the Planning Commission for public hearing and recommendation pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended: Section 2A-7. PROHIBITED USES (1) Uses Prohibited in all Districts. The following uses are prohibited in all zoning districts within the Town of Leesburg: a. Abattoirs and/or rendering plants b. ~ Automobile Auctions c. Automobile graveyards Section 4B-3. SPECIAL EXCEPTION USES (4) Commercial Uses Section 4B-8. USE LIMITATIONS CO 8/13/96 -11- SECTION II. The Planning Commission shall hold a public hearing to consider these amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. VOTE: Aye: Councilmember Buttery, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem Nay: None Absent: Councilmember Emswiller NEW BUSINESS: MOTION: On motion of, and duly 'seconded, the following ordinance was proposed and unanimously adopted. 96-0-27 - ORDINANCE - AMENDING SECTION 21-1 OF THE TOWN CODE THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Code is hereby amended to add the following paragraph to Section 21-1 Public Nudity: (d) Violations of this section shall constitute a Class 1 Misdemeanor. SECTION II. This ordinance shall be in effect upon its passage. MOTION: On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m. Clerk of Council t,¥fies E. Clem, Mayor CO 8/13/96 -12-