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
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Section 4B-8. USE LIMITATIONS
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Section llA-7. ~PECIFIC ..C...R..!.~..R..!.A
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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