HomeMy Public PortalAbout1996_11_12TOWN COUNCIL MEETING MINUTES OF NOVEMBER 12, 1996
A regular meeting of the Leesburg Town Council was held on November 12, 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. (absent)
Jewell M. Emswillcr
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 A. Huff
Director of Planning, Zoning and Development Michael Tompkins
Director of Engineering and Public Works Thomas A. Mason
Director of Parks and Recreation Kaj Dentler
Assistant Director of Parks and Recreation Terrie Simmers
Planner Marilee Seigfried
Public Information Officer Susan Farmer
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION:
On motion of Mr. Webb, seconded by Ms. Webb, and corrected by Ms. Umstattd (4 e.), the special
meeting minutes of October 24, 1996, November 5, 1996 (8:30 a.m. and 6:00 p.m.) and the regular
meeting minutes of October 8, 1996 and October 23, 1996 were approved as submitted.
VOTE:
Aye: Councilmembers Emswiller, Trocino, B.J. Webb, Wm. Webb and Mayor Clem
Nay: None
Absent: Councilmember Buttery
PETITIONERS
Mr. Al Furman, a resident of the Linden Hill Subdivision representing the HOA, addressed the Council
requesting the adoption of agenda item 9.(b) and that the bulk of the work, with the exception of the
sidewalks and final paving, be completed as soon as possible.
Mr. Brown recognized Ida Lee Park and Recreation employees Kaj Dentler, Terri Simmers, Sherry
Endslcy, John Johnston and Sandy Wanless, as well as former Director of Parks and Recreation, Deputy
Town Manager Gary Huff for their eftbrts in achieving the National Gold Medal Award.
A presentation of the town's parks was presented by Mr. Dentler followed by a presentation of the
National Gold Medal Award by Mr. Dean Tice, Executive Director of the National Recreation of Parks
Association.
Mr. Charles Forbes, Chairman of the Leesburg Environmental Advisory Commission along'with John
Johnston presented the EAC 1996 Awards Program Recipients.
COUNCILMEMBER COMMENTS
Ms. Webb stated, the Loudoun County High School Varsity football team is undefeated this season. The
LCHS girls basketball team is playing in a championship game this evening and the LCHS boy's golf
team came in 3rd in the state championships.
Ms. Webb attended a meeting on the proposed county courts complex where the consultants were also
present. She stated she is impressed with the consultants and their sensitivity to the needs and con~erns
of the community.
Ms. Webb had the opportunity of experiencing first hand the town's new "Cop in a Box" equipment. Ms.
Webb stated, the equipment will receive good results and will be an asset to the town.
Ms. Webb commented on the serious traffic problem on election day at the polling place at the rescue
squad on Catoctin Circle. She asked the Town Council to urge the Loudoun County Voter Registrar's
Office to find a more suitable location.
Ms. Webb congratulated all the award recipients this evening.
Ms. Emswiller stated, the Town Council should take great pride for choosing the right volunteers that
serve on the town's boards and commissions, as well as the town's staff. She commended the award
winners and the town staff this evening.
Ms. Emswiller reported that the Balch Library, for the month of October, exceeded all records for visitors
visiting the library.
Mr. Trocino reminded everyone of the meeting to be held on November 21, 1996 at Farmwell Station
regarding the Western Bypass.
Mr. Trocino also commended the award recipients and town staff. He stated the Parks and Recreation
budget has taken several hits over the past budget deliberations. He encouraged the Town Council to
support the Parks department this budget year.
Ms. Umstattd agrccd with Ms. Webb's comments regarding the polling place at the rescue squad. Ms.
Umstattd commended the town's citizens for their cooperative effort, as well as the number of citizens
who turned out to vote.
Ms. Umstattd attended the Board of Director's meeting of the Virginia Association of Planning District
Commissions yesterday. Ms. Umstattd reported on the Federal Telecommunications Act and the
restrictions it places on local government zoning authorities over where communication towers will be
cited. The unanimous recommendation is that every locale have in its comprehensive plan, a section
dedicated exclusively to dealing with telecommunication towers and the policies that need to be in place.
Ms. Umstattd stated she was impressed with Mr. Forbes' and Mr. Johnston's efforts to make sure
commendations are given to businesses and citizens in the town who truly deserve them.
Mr. Webb concurred with the comments made regarding the awards presentations this evening.
MAYOR'S REPORT
Mayor Clem thanked the members of the Kiwanis Club and the Leesburg Police Department tbr another
successful halloween parade.
Mayor Clem thanked EAC Chairman Forbes for his efforts on the commission. He also commended
the town's water treatment plant and wastewater treatment plant employees for maintaining these state
of the art facilities in such excellent condition.
Mayor Clem also met with the consultants of the proposed county courts complex. He stated he has
voiced the town's concerns and is sure that these concerns will be taken into consideration and addressed.
Mayor Clem agreed that the polling place at the rescue squad should be moved. He asked Mr. Brown
to draft a letter to the Board of Supervisors regarding this matter. Mayor Clem thanked the police
support team for their traffic control efforts at the rescue squad on election day.
Mayor Clem stated, it is important that the Town of Leesburg is represented and present at the
November 21, 1996 VDOT public hearing on the Western Bypass.
Mayor Clem reported on a Bill recently passed by the President which supports preserving Civil War
sites. He encouraged the staff to look into this and capitalizc on it.
Ms. Wcbb announced that Sunday, November 17th is the beginning of the centennial celebration for the
existing facility at St. James Church. The building will be 100 years-old and the parish is 230 years-old.
There will be a special service at 10:00 a.m. Ms. Webb stated this is another opportunity to celebrate
the longevity of this community.
MANAGER'S REPORT
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Mr. Brown briefly highlighted the Manager's Report. He reminded everyone of the groundbreaking
ceremonies for the new public safety center on Wednesday, November 20 at 10:00 a.m.
Mr. Brown wished a happy 15th birthday to his son Christopher, who also recently received his learner's
permit to drive.
LEGISLATION
9. (d), (e), (f), (g), (h), (i), (j)
MOTION:
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were proposed as consent
items and adopted.
96-236 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO ARTICLE 9.
LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS OF THE TOWN OF
LEESBURG ZONING ORDINANCE
WHEREAS, Section 15.1-14.2 of the Code of Virginia permits certain localities to provide for
the planting and replacement of trees during the development process; and
WHEREAS, the Town of Leesburg Tree Commission draft amendment to Article 9.
Landscaping, Screening and Open Space Regulations incorporates this state enabling legislation; and
WHEREAS, the proposed amendments promote the town's distinction as a Tree City USA.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. An amendment to Article 9. Landscaping, Screening and Open Space regulations
of the Town of Leesburg Zoning Ordinance is hereby initiated and referred to the Planning Commission
for public hearing and recommendation, as stated in the draft legislation submitted to the Planning and
Zoning Committee and Town Council on November 5, 1996.
SECTION II. The Planning Commission shall hold a public hearing to consider this amendment
to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11,
Title 15.431 of the 1950 Code of Virginia, as amended.
96-237 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS AND WAIVING A
MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT POTOMAC
CROSSING ELEMENTARY SCHOOL SITE (BALLS BLUFF ELEMENTARY)
WHEREAS, the Loudoun County School Board has completed the public improvements in
accordance with approved plans and town standards, and these have been inspected and approved; and
WHEREAS, Resolution #94-97 adopted on May 10, 1994 approved a contract with the Loudoun
County School Board and waived the performance guarantee requirements; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The contract between the town and tile Loudoun County School Board dated June
14, 1994 is hereby released.
SECTION II. Acceptance of a one year maintenance agreement between the town and the
Loudoun County School Board is approved and the maintenance guarantee is waived.
96-238 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT THE AMOCO SERVICE STATION
WHEREAS, the Holtzman Oil Corporation, the developer of the Amoco Service Station has
completed the public improvements in accordance with approved plans and town standards, and these
have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Fidelity and Guaranty Insurance Company in
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the amount of $21,000.00 is released, a new security in a form approved by the town attorney for a
maintenance guarantee in the amount of $1,050.00 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.
96-239 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT THE Q-STOP 101 CONVENIENCE STORE
REMODELING
WHEREAS, Quarles Petroleum, Inc., the developer of the Q-Stop 101 Convenience Store
Remodeling 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 letter of credit from Crestar Bank in the amount of $15,781.98 is released, a
new security in a form approved by the town attorney for a maintenance guarantee in the amount of
$789.10 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.
96-240 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT PAXTON SUBDIVISION SECTION 3 & 4
WHEREAS, Rivermead Homes, Inc., the developer of the Paxton Subdivision Section 3 & 4 has
completed the public improvements in accordance with approved plans and town standards, and these
have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Seaboard Surety Company in the amount of
$110,297.00 is released, a new security in a form approved by the town attorney for a maintenance
guarantee in the amount of $27,574.30 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.
96-241 - RESOLUTION - ENDORSING THE ENGINEERS AND SURVEYORS INSTITUTE (ESI)
PROGRAM AND MAKING AN APPROPRIATION
WHEREAS, Resolution No. 96-68 adopted on April 19,1996, authorized ESI to conduct a study
of the town's plan review process and appropriated the necessary funding; and
WHEREAS, town staff met on June 18-19, 1996, with representatives of the private sector
development community and ESI to discuss the plan review process; and
WHEREAS, the result of the meeting was an extensive report delivered to the town and
distributed to the Town Council on August 2, 1996; and
WHEREAS, the report was prepared by the private and public sectors and represented a
consensus of all parties involved; and
WHEREAS, the October 11, 1996, memo regarding ESI identified the major components of the
study and their cost; and
WHEREAS, the Finance Committee on November 5, 1996, unanimously forwarded action to the
Town Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The July, 1996, ESI study is hereby endorsed.
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SECTION II. To compensate for the peer review and education programs of ESI $76,500 is
hereby appropriated from the unappropriated general fund.
96-242 - RESOLUTION - AUTHORIZING AN APPROPRIATION FROM THE
UNAPPROPRIATED GENERAL FUND BALANCE INTO THE PARKS AND
RECREATION REPAIRS AND MAINTENANCE ACCOUNT FOR TURF RENOVATIONS
AT ROBINSON FIELD
WHEREAS, the Town of Leesburg has a field use agreement with the Central Loudoun Little
League for the Robinson Park baseball field; and
WHEREAS, the Robinson Park baseball field is currently in need of turf renovations; and
WHEREAS, the Parks and Recreation Advisory Commission and the Central Loudoun Little
League have decided to work cooperatively to contract for the respective turf renovations; and
WHEREAS, the Town Council has considered the request for the funding to conduct said
renovations and has recognized it as an unbudgeted request:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council hereby authorizes an appropriation of $2,755 from the unappropriated
General Fund into the Parks and Recreation and Maintenance account line item 200.7101.300.304 to
fund the turf renovations at the Robinson Park baseball field.
VOTE:
Aye: Councilmembers Emswiller, Trocino, B.J. Webb, Wm. Webb and Mayor Clem
Nay: None
Absent: Councilmember Buttery
9. (b)
MOTION:
On motion of Mr. Trocino, seconded by Ms. Webb, the following resolution was proposed and adopted.
96-243 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
LINDEN HILL PHASE II
WHEREAS, Linhab Development Company, the developer of Linden Hill Phase II, 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; and
WHEREAS, Owens and Dove, Inc. is a party to the contract for installation of public
improvements and is also listed as a principal in the corporate surety bond from Fidelity and Deposit
Company of Maryland; and
WHEREAS, Owens and Dove, Inc. has agreed to finish the project in order to avoid a claim
against the performance guarantee; and
WHEREAS, A time extension to November 12, 1996 was approved by Resolution #96-205
adopted on October 8, 1996 in order to prepare a comprehensive plan including pricing and scheduling
to complete the unfinished work items; and
WHEREAS, the town received a draft schedule proposed by Owens & Dove, Inc., which shows
completion of some of the work items this fall with the majority to be finished in the spring next year;
and
WHEREAS, additional time is necessary to resolve outstanding issues associated with the
remaining punchlist items; and
WHEREAS, a 30 day extension of time would allow sufficient time for Owens and Dove, Inc.
to work out remaining issues; and
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WHEREAS, a corporate surety bond in the amount of $58,985.71 from the Fidelity and Deposit
Company of Maryland was provided by the developer to guarantee the installation of public
improvements in Linden Hill Phase II; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$58,985.71 to guarantee installation of the remaining public improvements for Linden Hill Phase II.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension to December 12, 1996 for the installation of public improvements
is hereby approved for Linden Hill Phase II.
SECTION II. The corporate surety bond from the Fidelity and Deposit Company of Maryland
in the amount of $58,985.71 is approved to guarantee the installation of public improvements for Linden
Hill Phase II.
VOTE:
Aye:
Nay:
Absent:
Councilmembers Emswiller, Trocino, B.J. Webb, Wm. Webb and Mayor Clem
None
Councilmember Buttery
9. (c)
MOTION:
On motion of Mr. Webb, seconded by Ms. Webb, the following resolution was proposed and adopted
as amended by Ms. Umstattd.
96-244 - RESOLUTION - STATING THE TOWN COUNCIL'S POSITION ON THE WESTERN
TRANSPORTATION CORRIDOR STUDY
WHEREAS, Town Council Resolution No. 90-110 adopted on May, 1990, recommended that
the Western Bypass be built east of Goose Creek; and
WHEREAS, the Doudoun County Board of Supervisors adopted legislation on December 21,
1994, recommending the Western Bypass be built west of Goose Creek along the Route 653 power line
alignment; and
WHEREAS, the most current proposed alignments for the Western Transportation Corridor
Study show roadways which terminate at Route 7; and
WHEREAS, a VDOT spokesman stated at an October 15, 1996, Town Council committee
meeting that the projected traffic volumes on the Bypass if terminated at Route 7, Route 15 north of
Leesburg would cause a level of service "F" (Force Flow) unless Route 15 is widened to four lanes or a
new four lane road is built north to Maryland; and
WHEREAS, if the Western Bypass is terminated at Route 7, the traffic study prepared by
Parsons, Brinckerhoff, Quade and Douglas, Inc. on September 30, 1996, predicts that Route 7 west of
Route 659 will increase from the current traffic count of 59,239 vehicles per day to as much as 65,586
vehicles per day, also traffic on Route 15 north of Leesburg is predicted to increase from the current
traffic count of 23,672 vehicles per day to as much as 28,977 vehicles per day; and
WHEREAS, one of the proposed alignments for the Western Corridor Road is adjacent to the
power line which runs along the Route 653 and extends across the river into Maryland and across 1-270,
creating a potential logical location tbr crossing the Potomac; and
WHEREAS, the draft town transportation plan shows the proposed Route 653 alignment as a
ci.rcumferential road t¥om Route 7 to Route 15, opposite Route 704; and
WHEREAS, the Leesburg Economic Development ~Commission, at its regular meeting on
October 2, 1996, voted unanimously to endorse the Western Bypass alignment near the Route 653 power
line easement; and
WHEREAS, VDOT does not have the resources to adequately address the needs of existing
primary roads within the town including an additional two lanes of the Bypass.
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THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Council recommends that the highway be constructed on or near the
existing Route 653 and power line easement.
SECTION II. The Town Council strongly urges that only a limited access divided highway that
extends across the Potomac River into Maryland be considered for the corridor.
SECTION III. Town Council insists that if the Route 653 power line alignment is selected
VDOT must adequately address local traffic needs shown in the Town Comprehensive Plan associated
with Cross Trail Boulevard, River Creek Parkway, and their realignment and connection to Route 7.
SECTION IV. The Town Council is strongly opposed to locating the corridor through or near
the historic Ball's Bluff National Cemetery and its surrounding park.
SECTION V. Town Council adamantly opposes any alignment for the corridor that terminates
on Route 7.
SECTION VI. Town Council requests that VDOT and state and local elected officials work with
their counterparts in Maryland to complete the bypass to resolve traffic issues that currently exist on 1-
270, Route 7 and Route 15.
SECTION VII. Town Council recommends that Route 15 remain a two lane road to prevent
it from being used as a western bypass.
VOTE:
Aye: Councilmembers Emswiller, Trocino, B.J. Webb, Wm. Webb and Mayor Clem
Nay: None
Absent: Councilmember Buttery
9. (a)
MOTION:
On motion of Ms. Webb, seconded by Mr. Webb, the following ordinance was proposed and adopted as
amended by Ms. Webb.
96-0-31 - ORDINANCE - APPROVING SPECIAL EXCEPTION #SE-96-07 FORT EVANS ROAD
VEHICLE SALES AND SERVICE
WHEREAS, on June 7, 1996, A. Malekzadeh requested special exception approval to operate
an automobile sales and service facility in the B-2, Established Corridor Commercial zoning district, at
18 Fort Evans Road N.E.; and
WHEREAS, on June 27, 1996, the applicant requested a deferral of further discussion of the
application pending submission of a zoning ordinance text amendment to permit indoor public
automobile auctions in the B-2 zoning district; and
WHEREAS, on August 13, 1996 Council initiated text amendments to the zoning ordinance to
permit indoor public automobile auctions in the B-2 zoning district; and
WHEREAS, on September 19, 1996 the Planning Commission recommended to Council
conditional approval of special exception application #SE-97-06 to operate a vehicle sales, service and
indoor public automobile auction in the B-2 zoning district; and
WHEREAS, on September 24, 1996 the Town Council held a public hearing on zoning ordinance
text amendments to permit indoor public automobile auctions in the B-2 zoning district; and
WHEREAS, on September 24, 1996 the Town Council also held a public hearing on special
exception application #SE-96-07 Fort Evans Road Vehicle Sales, Service and Indoor Public Automobile
Auctions; and
WHEREAS, on October 8, 1996 the zoning ordinance text amendments to permit indoor public
automobile auctions was defeated by Council; and
WHEREAS, the special exception application has been modified to delete references to the
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indoor public automobile auction; and
WHEREAS, on October 10, 1996 the applicant requested Council consideration of special
exception application #SE-96-07 to operate a vehicle sales and service facility in the B-2 zoning district;
and
WHEREAS, the modified application meets the general review criteria set forth in the special
exception regulations of the zoning ordinance.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special exception application #SE-96-07 Fort Evans Road Vehicle Sales and
Service, identified as Tax Map 48 Parcel 88A in the land records of Loudoun County, is hereby approved
subject to the following conditions:
All signage, landscaping and exterior alterations to the building are
subject to review and approval of the Board of Architectural Review.
The facility may not include an outdoor storage area for any more than
four (4) abandoned, wrecked or inoperable vehicles on the site for more
than one week, subject to the limitation that there shall be no wrecking,
or sale of said vehicles or part(s) thereof. The outdoor area may be
devoted to storage, loading and/or parking, shall be limited to an area
designated on the proposed concept plan and shall be screened from
adjacent properties and roads.
3. The applicant shall provide:
ao
a 10-tbot buffer yard with an S-3 opaque screen along
the eastern property boundary adjacent to the existing
apartments.
a 5-foot buffer yard with an S-2 semi-opaque screen
along the remaining property boundaries.
A landscaping plan prepared by a landscape architect for
Town Council approval. All approved landscaping shall
be bonded by the applicant prior to issuance of an
occupancy permit.
The applicant shall provide perimeter parking lot landscaping along Fort
Evans Road consistent with Section 9A-9. Perimeter Parking Lot
Landscaping.
Prior to issuance of an occupancy permit, the applicant shall demonstrate
that the underground tanks have been removed from the site to meet
current standards.
o
All lighting fixtures used to illuminate outdoor areas shall be designed
to avoid glare in surrounding areas. The facility shall be lit only during
the hours that the facility is open for business, except for necessary
security lighting. Prior to issuance of an occupancy permit, the applicant
shall submit a lighting plan to verify that all lighting fixtures are directed
onto the site, and will not impact adjacent properties or roadways.
o
Prior to issuance of an occupancy permit, the parking lot shall be
repaved in accordance with town standards, a parking plan shall be
submitted to the Zoning Administrator demonstrating compliance with
the ordinance.
o
All vehicles associated with the proposed use, including customer
vehicles, shall park in marked parking spaces on site.
o
There shall be no banners, streamers or similar attention devices with
this use.
10. There shall be no outside loudspeakers associated with this use, any
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noise emanating from the building shall not exceed an Lice(h) value of
67 dBA measured at five feet above the ground surface at the property
line.
SECTION II. Approval of this special exception does not authorize modifications to any
requirements of the Design and Construction Standards Manual, Subdivision and Land Development
Regulations, or the Zoning Ordinance unless specifically set forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Emswiller, Trocino~, B.J. Webb, Wm. Webb and Mayor Clem
Nay: None
Absent: Councilmember Buttery
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 9:05 p.m.
Clerk of Council
mes E. Clem, Mayor
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