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HomeMy Public PortalAbout1997_06_10TOWN COUNCIL MEETING MINUTES JUNE 10, 1997 A regular meeting of the Leesburg Town Council was held on Tuesday, June 10, 1997 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. COUNCILMEMBER$ PRESENT Frank Buttery Jewell Emswiller (absen0 Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb, Jr. Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Manager Gary A. Huff Deputy Town Attorney Deborah Welsh Director of Engineering and Public Works Thomas A~ Mason Chief of Police Keith A. Stiles Director of Parks and Recreation Kaj Dentler Zoning Administrator Brian Boucher Chief of Comprehensive Planning Jerry Mucci Public Information Officer Susan Farmer Town Clerk Barbara Mark]and APPROVAL OF MINUTES: Motion: On motion of Mr. Buttery, seconded by Mr. Webb, the special meeting minutes of May 12, 1997, May 28, 1997, May 29, 1997 and June 3, 1997 were approved. The special meeting minutes of May 29, 1997 were approved as amended. Vote: Aye: Councilmember Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb and Mayor Clem. Nay: None Absent: Councilmember Emswiller Abstain: 4. a. Councilmember UInstattd. 4.b. Councilmember Trocino. 4.c. Councilmember Trocino on discussion regarding the auto auction. RESOLUTION OF RESPECT Motion: On motion of Ms. Webb, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and unanimously adopted. RESOLUTION OF RESPECT in memory of Judy Patterson WHEREAS, Ms. Judy Patterson, a resident of Hamilton, Va., died May 17, 1997, at the age of 45 after a seven-month battle with pancreatic cancer; and WHEREAS, during her career as a professional public relations consultant, Ms. Patterson was a tireless advocate for non-profit, educational, and historic preservation clients in Leesburg and Loudoun County; and WHEREAS, Ms. Patterson played an integra, l role in many local events, including August Court Days, First Night Leesburg, the Waterford Fair, and events at Oatlands Plantation; and WHEREAS, she was a member of the Board of Directors of the Loudoun Tourism Council and was active in the tourism industry in Loudoun County for more than 13 years; and WHEREAS, Ms. Patterson was also active in human rights issues, serving for six years as a board member and officer of Amnesty International and founding the organization's Loudoun County chapter; and WHEREAS, she also served as a trustee of the Loudoun Country Day School in Leesburg, where a memorial endowment for financial assistance has been established in her nalTle. THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg in Virginia extend their sympathy to Ms. Patterson's family and to all who knew her; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to her fsmily. Vote: Aye: Councilmembers Buttery, Trocino, Umstattd, B.J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller PROCLAMATION: Motion: On motion of Ms. Umstattd, seconded by Mr. Buttery, proposed and adopted. PROCLAMATION the following proclamation was JUNE 14, 1997 FLAG DA Y WHEREAS, by Act of Congress of the United States on June 14, 1777, the first official flag was adopted; and WHEREAS, by Act of Congress on August 3, 1949, June 14 of each year was designated "National Flag Day;" and WHEREAS, the National Flag Day Foundation conducts educational programs and encourages all Americans to pause for the Pledge of Allegiance as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom to the rule of all, and to equal rights for all. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim Saturda_v, June 14~ 1997, as Flag Day in the Town of Leesburg and urge all citizens of Leesburg to pause at 7 p.m. and join all Americans in reciting the Pledge of Allegiance to the Flag of the United States of America. Vote: Aye: Councilmembers Buttery, Trocino, Umstattd, B.J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller CERTIFICATE OF APPRECIATION: Mayor Clem and Police Chief Keith Stiles presented a Certificate of Appreciation to Police Support Team member Ms. Marie Tagliaferri. PETITIONERS: Director of Parks and Recreation Ka_i Dentler presented the EAC's 1997 spring awards. Mr. Robert Primack, a resident of 217 Shenandoah Street, addressed the Council regarding the Western Bypass. Mr. Primack stated he agrees with the resolution adopted by the Town Council in November 1996. Mr. Mark McGregor, President of Loudoun Transit provided the Council with an update of services offered by Loudoun Transit. Mr. Craig Young, attorney representing several unsecured investors in the Leegate/Kincaid stated he is trying to make sure that his clients get everything they can out of the bankruptcy. He stated if the Council calls the bonds, this will cut away a lot of the options in the bankruptcy for his clients. PUBLIC HEARING: Mr. Brown provided the staff report. No public comment was received. The public hearing was closed. COUNCILMEMBER COMMENTS: Mr. Webb asked Mr. Brown to place the handling fee for water service only on the Finance Committee for discussion. Mr. Buttery congratulated the Loudoun Valley High School girl's softball team for playing in the state championships tonight in Purcellville. He thanked the teachers and principals of Leesburg Elementary School, as well as all the teachers and principals in Leesburg for another successful school year. Ms. Umstattd stated she was contacted by members of VIGIL, who asked the Town Council to make sure that no town taxes are committed to help pay for the proposed county courts complex. Mr. Trocino attended Dodona Manor Day. He stated the proposed change in polling places is a positive change. With regard to Loudoun Transit, Mr. Trocino stated these types of services will be needed more and more. Mr. Trocino asked the town's WWII Committee to get involved in the WWII Monument completion project. Ms. Webb thanked the Loudoun County Animal Shelter for taking care of the situation in which a rabid fox was involved. She announced that June 18th the Loudoun County Ail- Night Graduation Party will be held. Ms. Webb, along with Supervisor Rokus, hosted a group from Ginning, China. Ms. Webb attended the Loudoun Country Day School's graduation on Saturday. Ms. Webb congratulated Miss Katie Morrison, daughter of Mrs. Cheryl Morrison, for scoring 1600 on her SATes. With regard to the $1 million contribution that the town received, Ms. Webb suggested forming a task for to consider all of the ideas and requests the town has received. MAYOR'S REPORT Mayor Clem hosted a meeting of COLT where double taxation was discussed. Mayor Clem noted that the town received an ISO rating of 4. He thanked the employees of Sterling Carpet for installing the linoleum behind the Council dais. Mayor Clem asked staff to look into the parking situation on Royal Street - regarding a handicapped place and a parking space in front of Ms. Beavefs home. Mayor Clem also requested staff to look into hiring a part-time employee to check decals and parking meters. Mayor Clem thanked Sergeant Doug Hickman for assisting the animal control in trapping the rabid fox. Mayor Clem stated the weigh station will not be built on the bypass. Ms. Webb thanked the owners of the Lightfoot Caf~ for the beautiful landscaping in front of the former Union National Bank drive-ins on Market Street. MANAGER'S REPORT Mr. Brown briefly highlighted items in the Manager's Report. He pointed out that the grand opening of the new Plaza Street extension will be held on June 17th at 10:30 a.m., and the dedication of the Water Treatment Plant will be held on July 26th at 10:00 a.m. LEGISLATION 11. (a) MOTION: On motion of Ms. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted. 97-0-17 - ORDINANCE -AMENDING SECTIONS 15-14(i) AND 19-23(i) OF THE TOWN CODE TO LIMIT AVAILABILITY FEES IN THE H-1 DISTRICT WHEREAS, it is the desire of the Town Council to limit availability fees for adaptive reuse of existing structures within the H-1 district; and WHEREAS, a public hearing was held on April 8, 1997 to consider limitations on availability fees within the H-1 district; and WHEREAS, it has been determined that many structures in the downtown business area of the H- 1 district were constructed prior to a recording system for the establishment of availability fees; and WHEREAS, requisite fees were paid at the time of construction for the existing service line size which provided for uses appropriate for such line size: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 15, Section 15-14(0 if the Town Code is amended as follows: Section 15-14. Availability charge for sewer service. (i) If any person enlarges a structure or extends the use of the town sewer system to any new or additional use of a premises, an availability fee as determined in paragraph (g) above shall be paid for the additional use, whether or not a new or enlarged connection is required. This oaragraph shah not anol¥ to the adaptive reuse of an existing structure within the town's H-1 historic district which is served by an adequate sewer service connection. SECTION II. Chapter 19, Section 19-23(i) of the Town Code is amended as follows: Section 19-23. Availability charges for water service. (i) If any person enlarges a structure or extends the use of the town water system to any new or additional use on a premises, an availability fee, as determined in paragraph (g) above, shah be paid for the additional use, whether or not a new or enlarged connection is required. This oaragraoh shall not cooly to the adaotive reuse of an existing structure within the town's H-1 historic district which is served by an adeouate sewer service connection. SECTION III. This ordinance shall be in effect upon passage. Vote: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller 11. (b) MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following ordinance was proposed and adopted as amended. 97-0-18 - ORDINANCE - AMENDING SECTIONS 2A-7. PROHIBITED USES; SECTION 4b-3. SPECIAL EXCEPTION USES; SECTION 4B-8. USE LIMITATIONS; AND SECTION 1 lA-7. SPECIFIC REVIEW CRITERIA OF THE LEESBURG ZONING ORDINANCE TO PERMIT INDOOR PUBLIC AUTOMOBILE AUCTIONS IN THE B-2 ESTABLISHED CORRIDOR COMMERCIAL ZONING DISTRICT BY SPECIAL EXCEPTION WHEREAS, automobile auctions are prohibited within the Town of Leesburg; and WHEREAS, on August 13, 1996 Council initiated and referred Resolution 96-186 to the Planning Commission for consideration; and WHEREAS, the proposed zoning ordinance text amendments would permit indoor public automobile auctions in the B-2 Established Corridor Commercial zoning district; and WHEREAS, on September 19, 1996 the Planning Commission held a public hearing on the proposed text amendments and forwarded to Council a recommendation to adopt Resolution 96-186, as modified; and WHE~, on September 24, 1996, Council held a public hearing on these proposed amendments. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended as follows: Se, ction 2A-7. PROHIBITED USES (1) Uses Prohibited in ~ll Districts. districts within the Town of Leesburg: The following uses are prohibited in all zoning a. Abattoirs and/or rendering plants b ............... ...O....u..t~...o~....r. Automobile Auctions c. Automobile graveyards Section 4B-3. SPECIAL EXCEPTION USES (4) Commercial Uses ..[ ...................... r. ................ ~a d..~....r..r...u...b..h.'.c..a.u....m..m.o.b.'.d...e...a..u...c..t.i.o..as. Section 4B-8. USE LIMITATIONS ....¢.4). ............ !..n..d..~.r....p...u...b..h....~.....a...u...t..~...m...o..b..~...e......a.`u..c..t.i..~.`n..s....s.b.a.~...be....b.e.~...~....a...~m~.~....~ae~ - ..a..'d.~g ...... ...~.....e.....b..u...'.fl..~g....s..h....a..L!....b..e....a..d..e..q.u....a.t .e.l.y.....c..~...n...s..t.r.~.~.~..~..~.b.at..th~m.~...b.~...~...~.rc.~b~ .~c r. e..a.s..e.....m......n...~..i..s..e.....e..m....a..n...a..t.~g..fr.o..m.in.s.i.~..~h~.b~.~g.~g.~r ..an4.a~o~.~..t.h~..n~..!~.~.g~n~r.q~ ~....n...~...n..:.a...u...c..t..i..~...n.....r..e.~...a.t..e.e..d....v..e..h...i..c..l..e.~..s...a..l..e..s....a...c..t..i..v..it.i..e..s.......!n.d.~r.~.ub5c...~..u....w.m.ob...~...e..au.c...t.i.~.s.....m...a.x...~.nly...b..e.. .)..n..d."t.~..c..t...e.d.......m...s..i..d..e...b..u..6~g.s...w....h...i.c..b....a...r..e..~a.~r.mg.~..(~r..Sn~c~..~.~.~r~.U.~e..aa.ac~g.~..g.~b~z~..aa!.~ ..a..d/...~..r.....r...e..n...t...a!...f..a...c.~.t..i.e..s......u...n...d..e.r....S..~..c..t%~..n......4.B...~.C4~L....~.£...tb.~...Q..r.~.a.n..c e. ...... .I...n......a..4.&..'..t.i~.n..,....'.m_..d~r ..r...u...b..h'..c. ..~..t..~.~.m...~...b..~...e..~.a...u...c.~.t.i..~...n...s..~..m....ay.~..~...n.!y.~..b..e.~..o.~..~..r.a.t..e.~.d.~..a...s.~...a.~.n.~.~..a...n..c.~.a.~ry.~..u.~.s..~.~.t..~..~.t..h.~.e..~p.~..a..~.~.u...s..e..~.~..f..~.a..~..t..i..v..e. ~.h...i..c..l..e.~.s...a..l..e..a~..a..n..~.~.~.r....r..e..n...t~.a..~.~.f..a.c.~.t.i..~.s.~.l.~a.t.e~.d..~.o..n...~t~.h...e.~.s.~.am~% t ~:. Section llA-7. ~PECIFIC ..C...R..!.~..R..!.A ~. ......... .S..t..a..n...d..a.rd...s....f..~.r..!..n...d~..r....P..u..b....h.~..A.u.....m...m...~..b..~...~....A...u...~.t.~ a. All vehicles associa includin )ark in )aces on ..t..h...e...s..i..t~.~.f...t...h...e....a...u...c..t.i.~..n.... b. Th, shall b.~......n...o....b..a...n..a~.r.s~.....s..t.r.e..a.m.e.r.s.,.., or......s.~.fl..ar ;tention with ...d ............... .kn....~.m.r...a.~...t..o...m...~..b.....a..~...a."...~.t.i..~..n...%.ma~..aa!~...b.~..an~.;at ~.4..aa use to the of actiw vehicle sales rental located on the same site. e. The hours of for an ind~r.......a..u..W.m.ob.'d...e. shall be set forth in the ..s.n.e..c..i..a...~.e~.x..c.~.e~.t.i..o~.n.~.c...~...n.~.t..i..~.~.n.~.s.~. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severabihty. If any provision of this ordinance is declared invahd by a court of competent jurisdiction, the decision shall not affect the vahdity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. 1.].. (c) MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and adopted as amended. 97-0-19 - ORDINANCE - APPROVING SPECIAL EXCEPTION ~F-,-97-03 FOR AN INDOOR VEHICLE AUCTION WHEREAS, on June 7, 1996,/~ 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 September 19, 1996, the Planning Commission recommended to Council conditional approval of special exception application #SE-97-06 to operate a vehicle sales and service in the B-2 zoning district; and WHEREAS, on November 12, 1996, Ordinance #96-0-31 approving the special exception for vehicle sales was approved by Council; and WHEREAS, on March 11, 1997, via Resolution 97-65, the Town Council initiated zoning ordinance text amendments to permit indoor public vehicle auctions in the B-2 zoning district; and WHEREAS, on April 17, 1997 the Planning Commission held a public hearing on the proposed text amendment to permit indoor vehicle auctions as a Special Exception; and WHEREAS, on April 30, 1997, application for a special exception for indoor vehicle auction was fried and accepted by staff on May 1, 1997; and WHEREAS, on May 1, 1997, the Planning Commission recommended approval of the zoning text amendment to permit indoor auto auctions as a Special Exception; and WHEREAS, on May 15, 1997, the Planning Commission recommended approval of the Zoning Ordinance Amendment and conditional approval of the Special Exception for indoor vehicle auction; and WHEREAS, on May 27, 1997, the Town Council held a public hearing on both the Zoning Ordinance Amendment and Special Exception for indoor vehicle auction. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Special Exception application #SE97-03 to permit an indoor vehicle auction by M&M Holding Company at 18 Fort Evans Road, NE, Tax Map 48, Parcel 88A in the land records of Loudoun County, VA, is hereby approved subject to the following conditions: 1. Subject site shah remain not less than is 3-acres in size and maintain the greater of (a) a minimum of 210 clearly marked parking spaces in accordance with the dimensional and pavement marking standards of the Town and Co) not less than 150% of the parking spaces required for vehicle sales and service facility. The number of designated spaces on-site shah not be reduced for any reason. 2. No outside loudspeakers are permitted 3. The hours of operation shah be limited to the following: One Week Night from Monday through Friday, inclusive: 7pm to 9 pm Saturday and Sunday: 12 noon to 2pm 4. This "indoor vehicle auction" shall be operated only as an ancillary use to the primary use of active veh and/or rental facilities located on the same site 5. This "indoor vehicle auction" shah be held within a completely enclosed building. The building shah be adequately constructed to attenuate noise so that there is no perceptible increase in noise emanating from inside the building over and above noise levels generated by non-auction related vehicle sales activities. All overhead doors facing residentially-zoned properties shah remain closed during the period of the auction. 6. The indoor vehicle auction shah not cause, directly or indirectly, any blockages to contiguous public streets or nearby private access drives. 7. All vehicles associated with the indoor vehicle auction, including those of customers, employees, and vehicles for auction, shah be parked on-site in designated parking areas only. 8. All conditions set forth in Special Exception #SE 96-07 to operate a vehicle sales and service facility approved November 12, 1996, are met and maintained. SECTION II. Approval of this Special Exception does not authorize modif requirements of the Design and Construction Standards Manual, Subdivision and La: Regulations or Zoning Ordinance unless specifically set forth in this ordinance. SECTION III. This ordinance shall be in effect upon its passage. Vote: Aye: Councilmembers Buttery, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Abstain.' Councilmember Trocino Absent: Councilmember Emswfller 11. (d) MOTION: On motion of Mr. Webb, seconded by Ms. Webb, the following ordinance was pn adopted. 97-0-20 - ORDINANCE - AMENDING SECTIONS 6-1 AND 6-2 OF THE TO'~ REGARDING VOTING PLACES WHEREAS, Section 6-1 o£ the Town Code establishes voting precincts in Leesburg; and WHEREAS, Section 6-2 of the Town Code establishes voting places for the Town of Leesburg; and WHEREAS, the Loudoun County Electoral Board has recommended that place be changed and a second precinct and polling place be created within t Leesburg; and WHEREAS, a notice of intent to amend the town's voting precincts . places was published on May 28, 1997 and June 4, 1997, in accordance with state WHEREAS, the Electoral Board has also requested a change in the polling place. THEREFORE, ORDAINED by the C0uncfl of the Town of Leesburg in Vi follows: SECTION I. Section 6-1 of the Town Code is hereby amended as follows: Sec. 6-1. Precincts. There shall be six seven voting precincts in the municipality as follows: (a) Precinct Number 501, West Leesburg. Beginning at the westernmost junction of State Route 7 and the westei limit of the Town of Leesburg; ci;!tions to any Development iosed and CODE Town of ce polling !i o no icl polling .~w; and i~me of a ;'{nia as Catoctin Circle; thence north along Catoctin Circle to State Route 7; thence west on State Route 7 to the point of beginning at the westernn of the western corporate limit of the Town of Leesburg and State Route 7. Co) Precinct Number 502, East Leesburg. Beginning ~ .... unction ~ corporate thence north and east along the corporate limit of the Town of Lee i~trg to its junction with U.S. Business Route 15, also known as North King Street; thence south along U.S. Business Route 15, also known as North I '~g Street, erossingDavis Avenue;State Route 7, to the junction of U.S. Business Route 15, or South King~ireet, with thence west on Davis Avenue to its junction with Valley View Avenue; thence north on Valley View Avenue to its junction with Catoetin Cirele;~ thence west on Catoctln Circle to ~ts junction with Dry Mill Road; thence north on Dry Mill Road to its junction with the Town Branch; thence west along the Town Branch to its junction with the western ! ;;ens~on of : ;~t junction ~..~ corpc, ratc Circ!c; Beginning at the junction o£ ~oute 7 ~F~et ~tFeet) then~ north along Cfl~t~ C~cle ~ its ~tersecti0n with B~ttl~field Parkway; thence east along Battlefield Parkway ~ its ~ters~ti0n with U.S. Route 15 B~ass; thence southeast along U.S. Route 15 B~ass ~ its ~uncti0n with State Rout~ 7 Bus.ess: thence west along State Route 7 Bu~ess ~ast Market Street) m the oo~t of beg~n~g at its Junction with Ca~t~ C~cle. (c) Preci~t Number 503, D~ Mill. Be~n~g at the weste~most junction of the western co.orate ~und~ of the Town of Leesburg and State Route 7; thence east on State Route 7, which ~ West Market Street, m its junction with Ca~t~ C~cle; thence south on Cat. tm Cffcle m its junction with the Town Branch; thence east along the Town Branch to its junction with D~ M~ Road; thence south along Dry M~ Road to its junction with Ca~t~ Cffcle; thence east on Cat~t~ Ckcle to its junction with Valley View Avenue; thence south on VaHey View Avenue m its junction with Dav~ Avenue; thence east on Davis Avenue m its junction with U.S. Bus.ess Route 15, also known as South ~g Street; thence south along U.S. Bus.ess Route 15 m its junction with Sta~ Route 7 B~as~ thence west along State Route 7 B~ass to State Route 7 Bus.ess and the po~t of the beg~n~g at the junction of State Route 7 and the weste~ co. orate ~it of the Town of Leesburg. (d) Precinct Number 504, ~kcrest. Beg~n~g at the iunction of State Route 7 ~arket Street) and U.S. Route 15 Business ~g Street) in the center of the Town of Leesburg; thence north along U.S. Route 15 Business to its ~unction with U.S. Route 15 Bypass; thence southeast along U.S. Route 15 B~ass ~ its junction with Battlefield Parkway; thence west along Battlefield Parkway ~ its Mtersection with Ca~t~ C~cle; thence south along Ca.tM C~cle, crossMg State Route 7 ~arket Street). to its junction with U.S. Route 15 BusMess (South ~g Street): thence north along U.S. Route 15 BusMess (South ~g Street) ~ the DoMt of begMnMg at its junction with State Route 7 ~arket Street) M the center of the Town of Leesburg. (~ Preci~t Number 201, Simpsoa. Be~n~g at the junction of U.S. Route 15 and Ca~t~ C~cle; thence east along Ca~t~ C~cle to its junction with State Route 7; thence southeast along State Route 7 to its Mtersection with the easte~ co. orate limit; 15; thence south and west along the corporate limit to its intersection with U.S. Route thence north along U.S. Route 15 to the point of the beginning at U.S. Route 15 and Catoctin CirCle. (e ~ Precinct Number 405, Greenway. Beginning at the westernmost junction of State Route 7 and the western corporate limit; thence thence thence thence thence thence thence thence east on State Route 7 to its junction with Catoctin Circle; south on Catoctin Circle to its junction with the Town Branch; east along the Town Branch to its intersection with Dry Mill Road; south along Dry Mill Road to its intersection with Catoctin Circle; east along Catoctin Circle to its intersection with Valley View Avenue; south on Valley View Avenue to its intersection with Davis Avenue; east on Davis Avenue to its intersection with State Route 15; south on State Route 15 to the southern corporate limit; thence west and north along the corporate limit to the point of beginning at the westernmost junction of State Route 7 and the western corporate limit. (f_g) Precinct Number 406, Balls Bluff Beginning at the junction of State Route 15 Bypass and the northern corporate limit; thence south along the Route 15 Bypass to its intersection with State Route 7; thence east along State Route 7 to the eastern corporate limit; thence north and west along the corporate limit to the point of beginning at the Route 15 Bypass and the northern corporate limit. SECTION II. Section 6-2 of the Town Code is hereby amended as follows: Sec. 6-2. Voting places. The election of municipal officials and the voting place for such election in Precinct Number 501, West Leesburg, shall 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, shall be at the r~'.:do'.:n Coun:y e .... ~ D..~:~g, ~ As ~_~. r~_ C~.c~c Shenandoah Office Building. 102 Heritage Way, N.E.; the election of municipal officials and the voting place for such election in Precinct Number 503, Dry Mill, shah be at the C. S. ?.z~rc.z V~cc.'Ac. nz! Tzc~n:.cc.! Ccn~zr Charles S. Monroe Technolo_e? Center, 715 Children's Center Road, S.W.; the election of municipal officials and the voting olace for such election in Precinct Number ~04, 0akcrest. shah be at St. John'~ Catholic Church. 101 Oakcrest Manor Drive,, N.E,: 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 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, Balls Bluff, shah be Ball's Bluff Elementary School, 821 Battlefield Parkway, N.E. SECTION III. This ordinance shall be effective upon its passage. Vote: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller 11. (e) was referred to the June 17, 1997 Administration and Public Works Connnittee meeting for further consideration. CONSENT ITEMS 11. (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) MOTION: On motion of Mr. Buttery, seconded by Mr. Trocino, the following resolutions were proposed and adopted. 97-131 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR CROSSROAD 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 previously approved time extensions; and WHEREAS, although progress has been made toward the building, the phase or public improvements has not progressed to the point that a final inspection can be performed; 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 Virginia as follows: SECTION I. A time extension to June 21, 1998 for the ~stallation of public improvements is hereby approved for Crossroads Baptist Church. SECTION II. The letter of credit from Jefferson National Bank in the amount of $18,611.00 is approved to guarantee the installation of public improvements for Crossroads Baptist Church. 97-132 ~ RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR BEAUREGARD ESTATES, PHASE 2 & 3 WHEREAS, Beauregard L.L.C., the developer of Beauregard Estates, Phase 2 & 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 one (1) year time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $879,165.00 from International Fidelity Insurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Beauregard Estates, Phase 2 & 3; and WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Beauregard Estates, Phase 2 & 3 and certified that the value of work performed is $706,505.00; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $172,660.00 to guarantee installation of the remaining public improvements in Beauregard Estates, Phase 2 & 3. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from International Fidelity Insurance Company in the amount of $879,165.00 is reduced to $172,660.00 and is approved to guarantee the installation of public improvements for Beauregard Estates, Phase 2 & 3. 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 ccnstitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Beauregard Estates, Phase 2 & 3. SECTION III. A time extension to August 24, 1998 for the installation of the remaining public improvements is hereby approved for Beauregard Estates, Phase 2 & 3. 97-133 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC STATION SANITARY SEWER OUTFALL LINE A WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Potomac Station Sanitary Sewer Outfall Line A and certified that the value of work performed is $151,694.19; and WHEREAS, a letter of credit in the amount of $168,549.10 from Mercantile Safe Deposit & Trust Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Potomac Station Sanitary Sewer Outfall Line A. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Mercantile Safe Deposit & Trust Company in the amount of $168,549.10 is reduced to $16,854.91. SECTION II. The Town Manager shah notify the developer that hability 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 pubhc improvements by the town or reheve the developer of responsibilities outhned in the contract for pubhc improvements for Potomac Station Sanitary Sewer Outfall Line g. 97-134 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING WATER AND SEWER EXTENSION PERMITS AND WAIVING A PERFORMANCE GUARANTEP, FOR THE DOUGLAS SUPPORT FACILITY WHEREAS, the DirecWr of Engineering and Pubhc Works and the Planning Commission have conditionally approved construction drawings and final development plans for the Douglas Support Facility, to be constructed by the Loudoun County Board of Education (School-Board hereafter); and WHEREAS, it is in the pubhc interest to waive the costs associated with a performance guarantee for the necessary pubhc improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. The Manager shall execute the contract for pubhc improvements in a form approved by the Deputy Town Attorney with the School Board for the improvements shown on the plans approved by the DirecWr of Engineering and Public Works for the Douglas Support Facility. SECTION II. The extension of municipal water and sewer works for the Douglas Support Facility is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The performance guarantee for the public improvements in the amount of $68,503.00 is waived, conditioned on the requirement that occupancy of the facility shall not be permitted until the pubhc improvements are completed to the satisfaction of the town, or a subsequent performance guarantee is furnished in an amount approved by the Director of Engineering and Pubhc Works for outstanding punchhst items. 97-135 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT EXETER SECTION 3 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 3 has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from NationsBank in the amount of $151,525.50 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $75,762.65 is approved, and shall be in effect for a period 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. 97-136 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT MANORS OF LEESBURG CHURCH PROPERTY STORM DRAINAGE OUTFALL WHEREAS, Rivermead Homes, Inc., the developer of the Manors of Leesburg Church Property Storm Drainage Outfall has completed all 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 $30,000.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $1,500.00 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. 97-137 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON TIME RESTRICTIONS FOR CONSTRUCTION NOISE IN RESIDENTIAL AREAS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of Public Hearing on time restrictions for construction noise in residential areas shall be published in the Leesburg Today on June 25 and July 2 for a public hearing on Tuesday, July 8, 1997 in the Council Chamber of the Government Center at 25 West Market Street, Leesburg, Virginia 20176. 97-138 - RESOLUTION - AMENDING SECTIONS 12.1-23 AND 12.1-37 OF THE PERSONNEL MANUAL WHEREAS, the Personnel Office, Personnel Committee and Administration and Public Works Committee recommend changes to the Personnel Manual: THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Virginia as follows: SECTION I. Sec. 12.1-23. Application The terms of this Article shall not apply to the following positions: (a) The Town Manager shall be evaluated on an annual basis as determined by the Town Council (b ) Temporary part-time employees. (c) Seasonal Employees SECTION II. Section 12.1.37. On-the-Job Injury ia-) Employees who receive temporarily incapacitating on-the-job injuries shall receive comt~ensation in accordance with Worker's Compensation insurance regulations. SECTION III. This resolution shall be in effect upon passage. 97-139 - RESOLUTION - ENDORSING THE DOWNTOWN BF_~UTIFICATION PROJECT WHEREAS, the Town Council directed staff to work with downtown business owners to add flower plantings to the downtown area; and WHEREAS, the Town Council envisioned this project as a partnership between downtown businesses and the town; and WHEREAS, the Economic Development Commission surveyed the downtown merchants and received positive support for the project; and WHEREAS, a partnership was proposed and accepted by the downtown merchants to add flowers to the downtown through a phased approach with hanging baskets being installed on light poles the first year pending Virginia Power approval. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The downtown merchants will provide hanging baskets the first year. SECTION II. The town will provide pole brackets, plant materials, installation and maintenance the first year. SECTION III. Town Council endorses the project and encourages a continued partnership with the downtown merchants for downtown beautification. 97-140 - RESOLUTION AUTHORIZING AN APPROPRIATION FOR THE LOUDOUN HOUSE COALITION SUMMERCAMP WHEREAS, the Town of Leesburg received a donation of $25,000 to be used to help the needy school children of Leesburg; and WHEREAS, the Loudoun House Coalition sponsors a summer camp for needy children that live in the northeast quadrant of Leesburg; and WHEREAS, the summer camp provides educational and recreational opportunities for these children through classes and field trips; and WHEREAS, the Finance Committee on June 3, 1997, unanimously forwarded to Town Council the expenditure of $6,0000 to sponsor the summer camp from the $25,000 donation received. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to appropriate $6,000, from the $25,000 donation, to sponsor the Loudoun House Coalition Summer Camp. Vote: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller 11. (p) was referred to the June 17th Administration and Public Works Committee agenda for further consideration. NEW BUSINESS: 12. (q) MOTION: On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolution was proposed and adopted. 97-141 - RESOLUTION - DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 6A IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WHEREAS, Leegate Corporation, N.V., and its agent First Potomac Development Company, the developers of the Kincaid Forest Subdivision Section 6A, have not completed all the required public improvements and other bonded 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, the town has received notice that Leegate Corporation N.V. filed for bankruptcy under Chapter 11 of the Bankruptcy Code on April 23, 1997; and WHEREAS, no work has been completed in Kincaid Forest Subdivision Section 6A for the past slx (6) months; and WHEREAS, Leegate Corporation N.V., and First Potomac Development Company are not in compliance with paragraph 14 of the contract for public improvements dated May 12, 1994 which states that the Developer shall perform all things called for herein within a period of two years from the date of the contract, but extensions of time may be granted if approved by the Town Council; and WHEREAS, the Town Council authorized a time extensions on June 11, 1996 by Resolution No. 96-110; and WHEREAS, a corporate surety bond from American Motorists Insurance Company was provided by Leegate Corporation N.V., and First Potomac Development Company, which guarantees the installation of public improvements in Kincaid Forest Section 6A in the current amount of $155,853.56; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public improvements a claim for payment of the corporate surety bond funds must be made. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to declare First Potomac Development Company and Leegate Corporation N.V. in default of their contract for public improvements for Kincaid Forest Section 6A and to request payment pursuant to the corporate surety bond from American Motorists Insurance Company in the amount of $155,853.56 which guarantees the installation of public improvements in Kincaid Forest Section 6~ SECTION II. The Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Kincaid Forest Section 6A. Vote: Aye: Councilmembers Buttery, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Abstain: Councilmember Trocino Absent: Councibnember Emswiller MOTION: On motion of Mr. Buttery, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 97-142 - RESOLUTION - DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 6B IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WHEREAS, Leegate Corporation, N.V., and its agent First Potomac Development Company, the developers of the Kincaid Forest Subdivision Section 6B, have not completed all the required public improvements and other bonded 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, the town has received notice that Leegate Corporation N.V. tiled for bankruptcy under Chapter 11 of the Bankruptcy Code on April 23, 1997; and WHEREAS, no work has been completed in Kincaid Forest Subdivision Section 6B for the past six (6) months; and WHEREAS, Leegate Corporation N.V., and First Potomac Development Company are not in compliance with paragraph 14 of the contract for public improvements dated November 3, 1994 which states that the Developer shall perform all things called for herein within a period of two years from the date of the contract, but extensions of time may be granted if approved by the Town Council; and WHEREAS, the Town Council authorized a time extension on November 26, 1996 by Resolution No. 96-249; and WHEREAS, a corporate surety bond from American Motorists Insurance Company was provided by Leegate Corporation N.V., and First Potomac Development Company, which guarantees the insta~Jation of public improvements in Kincaid Forest Section 6B in the current amount of $661,097.03; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public improvements a claim for payment of the corporate surety bond funds must be made. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to declare First Potomac Development Company and Leegate Corporation N.V. in default of their contract for public improvements for Kincaid Forest Section 6B and to request payment pursuant to the corporate surety bond from American Motorists Insurance Company in the amount of $661,097.03 which guarantees the installation of public improvements in Kincaid Forest Section 6B. SECTION II. The Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Kincaid Forest Section 6B. Vote: Aye: Councilmembers Buttery, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Abstain: Councilmember Trocino Absent: Councilmember Emswiller MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 97-143 - RESOLUTION - DECLARING THE DEVELOPER OF KINCAID FOREST SUBDIVISION SECTION 8A/SB IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE TOWN MANAGER TO PREPARE AND SIGN THE DOCUMENTS NECESSARY TO REQUEST PAYMENT OF THE PERFORMANCE GUARANTEE FUNDS WHEREAS, Leegate Corporation, N.V., and its agent First Potomac Development Company, the developers of the Kincaid Forest Subdivision Section 8A/8B, have not completed all the required public improvements and other bonded 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, the town has received notice that Leegate Corporation N.V. filed for bankruptcy under Chapter 11 of the Bankruptcy Code on April 23, 1997; and WHEREAS, no work has been completed in Kincaid Forest Subdivision Section 8A/SBfor the past six (6) months; and WHEREAS, Leegate Corporation N.V., and First Potomac Development Company are not in compliance with paragraph 14 of the contract for public improvements dated June 2, 1994 which states that the Developer shall perform all things called for herein within a period of two years from the date of the contract, but extensions of time may be granted if approved by the Town Council; and WHEREAS, the Town Council authorized a time extensions on June 11, 1996 by Resolution No. 96-111; and WHEREAS, a corporate surety bond from American Motorists Insurance Company was provided by Leegate Corporation N.V., and First Potomac Development Company, which guarantees the installation of public improvements in Kincaid Forest Section 8A/8B in the current amount of $162,235.00; and WHEREAS, in order to guarantee that the town will have sufficient funds to complete the public improvements a claim for payment of the corporate surety bond funds must be made. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is hereby authorized to declare First Potomac Development Company and Leegate Corporation N.V. in default of their contract for public improvements for Kincaid Forest Section 8A/SB and to request payment pursuant to the corporate surety bond from American Motorists Insurance Company in the amount of $162,235.00 which guarantees the installation of public improvements in Kincaid Forest Section 8A/8B. SECTION II. The Town Manager is also authorized to prepare and execute all documents necessary to enforce all terms of the contract for public improvements for Kincaid Forest Section 8A/8B. Vote: Aye: Councilmembers Buttery, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Abstain: Councilmember Trocino Absent: Councilmember Emswiller MOTION: On motion of Ms. Umstattd, seconded by Ms. Webb, the following resolution was proposed and adopted. 97-144 - RESOLUTION - RESCINDING RESOLUTION NO. 96-245 ADOPTED ON NOVEMBER 19, 1996 WHICH AUTHORIZED AN AGREEMENT AND APPROVED A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERIMTS FOR KINCAID FOREST SUBDIVISION SECTION 10B WHEREAS, on November 19, 1996 the Leesburg Town Council adopted Resolution #96-245 which authorized an agreement and approved a performance guarantee and water and sewer extension permits for Kincaid Forest Subdivision Section 10B; and WHEREAS, to date, the town has not received the contract for public improvements or the performance guarantee from American Motorists Insurance Company from the developers, Leegate Corporation N.V. and First Potomac Development Company; and WHEREAS, the town has received notice that Leegate Corporation N.V. fried for bankruptcy under Chapter 11 of the Bankruptcy Code on April 23, 1997. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Resolution No. 96-245 adopted on November 19, 1996 is hereby rescinded. Vote: Aye: Councilmembers Buttery, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Abstain: Councilmember Trocino Absent: Councilmember Emswiller On motion of, and duly seconded, the meeting was adjourned at 9:05 p.m. Clerk of Council · Clem, Mayor f Leesburg