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HomeMy Public PortalAbout1988_07_12MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, JULY 12, 1988 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, on July 12, 1988, at 7:30 P.M. The meeting was called to order by Mayor Robert E. Sevila with the invocation given by Rev. Emmitt W. Eccard, Jr., Leesburg United Method- ist Church, followed by the Salute to the Flag led by Councilmember Donald Kimball. Present were Mayor Sevila; Councilmembers Christine Forester; Donald Kimball; Claxton Lovin and Vice -Mayor John Tolbert, Jr. Council - member James Clem was absent. Staff members present were Town Manager Jeffrey H. Minor; Assistant Town Manager Steven Brown, Director of Plan- ning, Zoning and Development Martha Mason -Semmes; Director of Engineering ' and Public Works Tom Mason; and Deputy Town Attorney Deborah Welsh. The Mayor congratulated Vice -Mayor Tolbert on his 83rd birthday. On motion by Mr. Tolbert, seconded by Mrs. Forester, it was recommended the minutes of the regular meeting of May 25, 1988, be approved as written. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None PETITIONERS Fred Hetzel complimented the Council for recognizing the need for a tree ordinance. Very early during the formation of the Environmental Advi- sory Committee, under Charles Bos, the first item brought up was the desir- ability of having a tree ordinance. He said he was happy to see this Coun- cil doing something about having a tree ordinance. He also brought up the paving of the sidewalk on Cornwall Street -- nothing has been done on that so far. He said he hopes the appropriate committee will take a look at this matter. COUNCILMEMBER COMMENTS ' Mr. Lovin expressed his happiness at being on the Council and said he looked forward to working with all the members of the Council. He also mentioned he would be available to talk with any member of the public as well. Mr. Kimball thanked the voters of the community for giving him this opportunity to serve the public. He said he hoped that all citizens of Leesburg would become more involved -- to participate more in the town process. Mrs. Forester thanked the citizens of Leesburg for allowing her to work for them in helping look at a better Leesburg and keeping Leesburg "our home town" which was her theme during the campaign. She now wants to work with the citizens and with Council to look at what we want to do with Leesburg -- what we like and what we do not like Mrs. Forester reported the Planning Commission met last week and approved the Beauregard Estate Subdivision and Cardinal Industrial Park Lot 2. Union Court Subdivision was given a preliminary plat extension and there was a modification of a street name in Union Court. The Rogers rezon- ing was approved and they made some recommendations on lot width. Mr. Tolbert congratulated the three new Councilmembers and said he was looking forward to working with them. ' Mayor Sevila welcomed the new members of Council and said with their willingness to serve and their desire and interest in the town, they would get a lot accomplished in the next two years. MANAGER'S REPORT Mr. Minor stated he also wanted to congratulate the new Councilmem- bers and welcomed them. (1) Mr. Minor reported that a lot had been going on at the water plant this past week which was a near crisis situation that was very well handled by our utilities personnel and many other people in our town govern- ment. The raw water intake line to the Potomac River plant broke. We had to reply on our well system and our storage capacity to meet fire flow and 0 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 pressure. It was very difficult to make this repair and town staff and additional personnel worked around the clock to correct this situation and we are very proud of them. (2) Gary Huff, our new Parks and Recreation Director from Roanoke, has worked several days in Leesburg and will officially come to work on August 15. He also had a chance to meet with the Parks and Recreation Commis- sion. Kevin Lawlor from Vienna, is another new employee. He will be the town's first zoning inspector. This is a very critical position -- one that was badly needed to enforce our zoning ordinance. (3) The town was very happy to receive a First Award in the Proposals, Plans and Studies for the Historic Preservation Award Program in recogni- tion of the Leesburg Design Competition for excellence in the preservation of the natural and cultural heritage of Loudoun County. (4) We do expect to break ground on the new Ida Lee Park Recreation Center on October 28. As we continue to move forward with our construction drawings on both this project and the new municipal government center park- ing complex, we can begin to refine the dates and have a much more accurate picture of when we can begin work on these projects. (5) Finally, he mentioned that Martha Mason -Semmes, Director of Plan- ning, Zoning and Development, is resigning her position after the birth,of her child in September. He said this was very devastating news for us. LEGISLATION 88-123 - RESOLUTION - INITIATING A ZONING ORDINANCE AMENDMENT REGARDING STREET TREES On motion by Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and, after an explanation by Mrs Semmes, was unani- mously adopted: WHEREAS, Section 9A-6 of the Leesburg Zoning Ordinance requires the planting of street trees along new public streets in all zoning districts except single-family detached residential districts; and WHEREAS, the adopted Town Plan encourages landscaping and tree planting in all new developments; and WHEREAS, street trees in single-family residential neighborhoods sub- stantially contribute to the quality of life by providing shade, habitats for urban wildlife and a more attractive streetscape; and WHEREAS, an amendment of Section 9A-6 to eliminate the exclusion of single-family detached districts from street tree planting requirements will further the objectives of the Town Plan and is in the best interest of the public necessity, convenience, general welfare, and good zoning prac- tice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to revise Section 9A-6 as follows: 9A-6. APPLICABILITY. Street tree planting is required any time a public street is constructed, extended or widened. This requirement shall apply to all zoning districts except-�inbie-femiiy-deteehed-reeidentiai districts. In general street trees shall be planted in the public right-of-way and maintenance of these trees shall be the responsibility of the Town of Leesburg. Where parking lots abut public street rights-of-way the requirements of Section 9A -9(c) shall apply. SECTION II. A public hearing on this amendment shall be held at 7:30 p.m. on July 26, 1988, in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. In accordance with Section 15.1-431 of the Code of Virginia, this hearing shall be a joint hearing of both Planning Commission and Council. The clerk shall give notice of this hearing on July 13 and 1 1 1 1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 July 20, 1988, and shall advise the Planning Commission of the purpose, 'time and date of the hearing. SECTION III. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment on July 26, 1988, following the public hearing. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert, and Mayor Sevila Nay: None Mayor Sevila at this time reminded the public that we have, as a result of recently adopted legislation, changed the meeting nights for Council from Wednesday to Tuesday. We have already advertised two public hearings for Wednesday night. These public hearing which include ZM-99 Washington -Virginia Traditional Development Sites, Inc., and Special Excep- tion 77-1 - Ward Corporation will still be held at a special meeting of Council on Wednesday, July 13, 1988. 88-124 - RESOLUTION - INITIATING A ZONING ORDINANCE AMENDMENT REGARDING OCCUPANCY PERMITS AND HOUSE LOCATION SURVEYS On motion by Mr. Tolbert, seconded by Mr. Lovin, and after a brief explanation, the following resolution was proposed and unanimously adopted: WHEREAS, the Zoning Administrator is required under Loudoun County regulations to approve occupancy permits for new construction within the Leesburg Corporate Limits; and WHEREAS, the Leesburg Zoning Ordinance does not specifically reference the Zoning Administrator s responsibility regarding occupancy permits; and WHEREAS, a certified house location survey is required by most jurisdic- tions to verify conformance of new residential structures with minimum yard requirements prior to occupancy permit approval; and WHEREAS, an amendment of the Zoning Ordinance to specifically authorize the Zoning Administrator to approve occupancy permits and to require house location surveys as a prerequisite to such approval is in the best interest of the public necessity, convenience, general welfare and good zoning prac- tice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 9-2 of the Leesburg Zoning Ordi- nance is initiated to add a new Section 9-2-5 to follow Section 9-2-4 to read as follows: 9-2-5 Certificate of Occupancy. Upon satisfactory completion of and for which a Loudoun Countv Buildin¢ Permit has been is - as required under the Leesburg Zoning Ordinance and Subdivi- sion and Land Development Regulations, the applicant shall request zoning approval for a Certificate of Occupancy on such certificate as supplied by the County of Loudoun. The applicant shall submit to the Zoning Administrator one copy of an as -built house/building location plan, prepared by a certified surveyor or registered engineer, and such plan shall indicate the following information: A. The dimensions of the lot or Darcel. the boundar lines thereof, and the area of land contained therein. B. The location, dimensions and height of any building, structure or addition. C. The perpendicular distance from all property lines to the nearest point of each building, structure or addition, shown to the nearest foot. D. The existing and intended use of each building or structure or part thereof, including the number of dwelling units within a dwelling. E. The location and configuration of any off-street r MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 parking space(s), the number of spaces provided, and information as to the surfacing of such areas. F. The existence of any area designated as 100 -year floodplain as per the applicable FEMA Flood Insurance Rate Map. G. The signature and certification number, if applicable, of the person preparing the plat. SECTION II. A public hearing on this amendment shall be held at 7:30 p.m. on July 26, 1988, in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. In accordance with Section 15.1-431 of the Code of Virginia, this hearing shall be a joint hearing of both Planning Commission and Council. The clerk shall give notice of this hearing on July 13 and ' July 20, 1988, and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment on July 26, 1988, following the public hearing. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-125 - RESOLUTION - INITIATING REENACTMENT OF A PORTION OF ARTICLE 11 OF THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED AND ADMINISTERED BY THE TOWN On motion by Mrs. Forester, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, adoption of new general regulations within the Leesburg Zoning Ordinance resulted in the repeal of Article 11 of the Loudoun County Zoning Ordinance, as adopted and administered by the Town in the annexation area; and WHEREAS, portions of Article 11 included procedures and standards for ' review by the Board of Zoning Appeals of special exceptions authorized under County zoning districts still in effect within the annexation area; and WHEREAS, reenactment of those portions of Article 11 is essential to ensure appropriate administration of the Zoning Ordinance; and WHEREAS, this reenactment is in the best interest of the public necessi- ty, convenience, general welfare and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Portions of the prior Article 11 of the Loudoun County Zoning Ordinance, as adopted and administered by the town for the annexa- tion area, are hereby reenacted, modified and recodified to read as follows: ARTICLE 11 - SPECIAL EXCEPTIONS BEFORE BOARD OF ZONING APPEALS 1101 SPECIAL EXCEPTION APPLICATIONS TO THE BOARD OF ZONING APPEALS 1101.1 Authoritv to ADDl Applications for special exceptions to use property in a manner authorized by the provisions of this ordinance may be filed with I the Board of Zoning Appeals (hereinafter referred to as the BZA) by an property owner, tenant, government official, department, board or bureau. Applications shall be delivered or mailed to the Leesburg Board of Zoning Appeals, c/o the Zoning Administrator, Leesburg, Virginia. At the same time a copy of the application shall be mailed to the Secretary of the Planning Commission, Leesburg, Virginia, and another copy shall be mailed to the individual, official, depart- ment, or agency concerned, if any, as determined by the Zoning Administrator. MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 The application shall be accompanied by the appropriate fee pay- able to the Town of Leesburg. In addition, each such application shall contain a concise statement of the subject to be brought before the BZA. 1101.2 Application for Special Exception - Procedure Applicants for a special exception, shall first submit the propos- al to the Zoning Administrator on a form to be provided by the Zoning Administrator, including therewith all plans and informa- tion relating to the application required by the BZA pursuant to Section 15-1-496 of the Code of Virginia, 1950. The proposal shall then be advertised pursuant to provisions of Section ' 15.1-431 of the Code of Virginia prior to public hearing by the Planning Commission and/or BZA, or directly to the BZA pursuant to the provisions and requirements of this ordinance. 1102 HEARING OF APPLICATION 1102.1 Time and Notice Upon receipt of a special exception application, the BZA shall fix a reasonable time for a hearing of such application, and in addi- tion to the notice conforming to Section 15.1-431 of the Code of Virginia shall cause to be posted, at least ten (10) days before such hearing, a poster calling attention to the nature and sub- stance of the application, the land involved, the name of the applicant, and the date and place of public hearing. The BZA shall prescribe the form of said poster, which shall be affixed to a pole, post, fence, or structure on the ,land involved, if practi- cal, or if not, within three hundred (300) feet thereof, and in ei- ther event, in such location as to be clearly visible from a pub- lic road. Upon the hearing, any party may appear in person or by agent or by attorney. 1102.2 Decision The BZA shall render a decision on any application submitted to it within ninety (90) days of filing. An application shall not be ' deemed filed until the applicant has met all submission require- ments set forth in, or under authority of, this ordinance. No such special exception may be granted except after notice and hearing as provided in this ordinance. 1103.1 Conditions The BZA may, when granting a special exception, impose conditions thereon, such as provisions for fencing, planting or other land- scaping, additional setbacks from property lines, location and arrangement of lighting, setting of reasonable time limitations, and other reasonable requirements deemed necessary to safeguard the interest of the general public. The BZA may also require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. 1103.2 Standards In fulfilling the purposes and intent of this ordinance as set forth in Article 1, the BZA in exercising the powers and duties granted and imposed by the ordinance, shall be guided by the fol- lowing standards which shall be in addition to any other standards imposed by this ordinance: To prevent high population density on soils that are incapable of providing adequate water supply, or of meeting proper sanitary requirements for sewage disposal. ' To protect against the overcrowding of land and undue density of population in relation to the community facilities existing or available. To facilitate orderly highway development and transportation, and lessen traffic hazards and congestion. To protect residential sections from unnecessary traffic, fire hazards, noise, noxious fumes, or offensive odors and other un- wholesome conditions and influences. The proposed use at the specified location shall be in harmony with the policies embodied in the adopted comprehensive plan. W C MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 The proposed use shall be harmony with the general purpose and intent of the applicable zoning district regulations. The proposed use shall be such that it will not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the applicable provisions of the adopted comprehensive plan. The location, size and height of buildings, structures, walls, and fences and the nature and extent of screening, buffering, and landscaping shall be such that the use will not hinder or discourage the appropriate development use of adjacent or nearby land and/or buildings or impair the value thereof. SECTION II. A public hearing on this amendment shall be held at 7:30 ' p.m. on July 26, 1988, in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. In accordance with Section 15.1-431 of the Code of Virginia, this hearing shall be a joint hearing of both Planning Commission and Council. The clerk shall give notice of this hearing on July 13 and July 20, 1988, and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment on July 26, 1988, following the public hearing. Mr. Minor explained this is a very technical amendment -- it is sim- ply reinstating language that was previously in our unconsolidated county and town zoning ordinance and one that is especially critical now concern- ing some of the development that is taking place in Leesburg. Mrs. Semmes said the specific portion of the ordinance which we are putting back in the Loudoun County Zoning Ordinance, which we have adopted and administer for the annexation area, has to do with the Board of Zoning Appeals' review of special exceptions within county zoning districts. We did consolidate the Board of Zoning Appeals' authority under the county ordinance to review variances and other types of appeals from zoning admin- istrator interpretation when we adopted our new general regulations but , inadvertently did not pick up the special exception procedures and stan- dards to be applied to the special exceptions that are required under the county ordinance in certain zoning districts that the county has. So, we need to get these procedures and standards back in the ordinance so that we can adequately administer the ordinance until such time as we come up with the consolidated set of special exception procedures for both the county and the town regulations. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-126 - RESOLUTION - APPROVING WATER SYSTEM STANDARDS AS PART OF THE TOWN OF LEESBURG WATER AND SEWER MASTER PLAN On motion by Mr. Kimball, seconded by Mr. Lovin, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the Department of Engineering and Public Works and the Depart- ment of Utilities has under review a draft Water and Sewer Master Plan prepared by the consulting engineering firm of Camp Dresser & McKee; and WHEREAS, the Water and Sewer Master plan to be adopted by the Town Council will be based on certain fire flow standards and water pressure ' requirements; and WHEREAS, the Department of Engineering and Public Works has promulgated certain water system standards that this Council desires to adopt as part of its Water and Sewer Master Plan; and WHEREAS, these standards are necessary to ensure adequate fire flow and pressure in newly developing areas of Leesburg which are essential to pub- lic health and safety: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 Memoranda 88-01 W, 88-02 W and 88-08 W pertaining to fire flows and water system computations are hereby adopted as part of the Town of Leesburg's Water and Sewer Master Plan. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion by Mr. Tolbert, seconded by Mrs. Forester, the following resolutions were proposed and unanimously adopted as consent items: 88-127 - RESOLUTION - AWARDING CONTRACTS FOR CHEMICAL SUPPLIES FOR FY 89 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall enter into contracts for the purchase of chemical supplies with the suppliers and at the prices shown below: Chemical Chlorine Sodium Hypochlorite Calcium Hypochlorite Hydoflousilicic Acid Hydrated Lime Potassium Permanganate Ferric Chloride Sodium Chlorite Carbon Sulfur Dioxide Vendor Suffolk -Gowen Suffolk -Gowen Van Waters & Rogers Suffolk -Gowen Robinson Prillaman Coyne Suffolk -Gowen Suffolk -Gowen Robinson Price $550 ton $0.848 gal $98 cwt $7.62 cwt $102 ton $117.90 cwt $178.42 ton $54.30 cwt $41.22 cwt $41 cwt 88-128 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 34 TO R. F. KLINE, INC., FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT WHEREAS, the contract for improvements at the Wastewater Treatment Plant was awarded to Richard F. Kline, Inc.; and WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985, by the Council of the Town of Leesburg provides: "The Council at its option will require prior approval of all requisitions for payment under this con- tract"; and WHEREAS, the contractor has submitted Payment Request No. 34 on June 27, 1988, and Camp, Dresser & McKee has reviewed and approved this request; and WHEREAS, the Director of Engineering and Public Works has recommended payment of Payment Request No. 34 in the amount of $42,003.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Payment in the amount of $42,003.00 shall be made to R. F. Kline, Inc., for Payment Request No. 34 for the Wastewater Treatment Plant Expansion Project. 88-129 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-98 - HIGH POINT ASSOCIATES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider rezoning application #ZM-98 by High Point Associates to rezone 38.37 acres of land located east of Sycolin Road and bounded on the north by Lawson Road, on the south by land of Vir- ginia Power, and on the east by the Tavistock Farms Subdivision, from Coun- ty A-3 and R-1 to PEC (Planned Employment Center) shall be published in the Loudoun Times-Mirror. The notice shall be published on July 21 and July 28, 1988, for public hearing on August 9, 1988, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia. 2 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 88-130 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF AMURCON LEESBURG CORPORATION FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of AMURCON Leesburg Corporation for revision of the Zoning District Map, assigned No. ZM-104, to rezone 37 acres of land from PDH -30 to PDH -30 modified, to establish building setback/buffers of 50 feet along the eastern and western property lines, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert, and Mayor Sevila Nay: None 88-131 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS. RELEASING THE PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR PUBLIC IMPROVEMENTS FOR THE CHESTERFIELD DEVEL- OPMENT On motion by Mrs. Forester, seconded by Mr. Tolbert, the following resolutions was proposed and unanimously adopted: WHEREAS, Fort Beauregard Associates Incorporated, the developer of Chesterfield has completed the public improvements in accordance with ap- proved plans and town standards, and these have been inspected and approved and the as -built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable bank letter of credit from Equitable Feder- al Savings Bank in the amount of $81,752.00 is released, and a new bond for maintenance purposes in a form approved by the town attorney in the amount of $4,088.00 is approved, and shall be in effect for a period of one year from the date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and ease- ments free of any liens or charges Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None The Mayor asked Mr. Tolbert to chair the discussion and vote of the following resolution. Mayor Sevila abstained from voting. 88-132 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR PUBLIC IMPROVEMENTS FOR CARDINAL INDUSTRIAL PARK LOT 1 On motion by Mrs. Forester, seconded by Mr. Kimball, the following resolution was proposed and unanimously adopted: WHEREAS, the Leesburg Professional Center Partnership, the developer of Cardinal Industrial Park Lot 1 has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved and the as -built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable bank letter of credit from Riggs National Bank in the amount of $50,600.00 is released, and a bond for maintenance 7 LJ 13 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 purposes in a form approved by the town attorney in the amount of $2,530.00 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 ease- ments free of any liens or charges. Aye: Councilmembers Forester, Kimball, Lovin, and Tolbert Nay: None Abstained: Mayor Sevila ' 88-133 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE POTOMAC CROSSING PLANNED DEVELOPMENT SECTION lA On motion by Mr. Tolbert, seconded by Mr. Lovin, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the public improvements installed to date for the Potomac Crossing Planned Development Section lA and certifies that the value of work per- formed is $113,876.00; and WHEREAS, a letter of credit from the United Savings Bank of Vienna, Virginia, in the amount of $146,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for the Potomac Crossing Planned Development Section IA: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the United Savings Bank of Vien- na, Virginia in the amount of $146,000.00 is reduced to $32,125.00. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-134 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE POTOMAC CROSSING PLANNED DEVELOPMENT SECTION 1C On motion by Mrs. Forester, seconded by Kimball, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the public improvements installed to date for the Potomac Crossing Planned Development Section 1C and certifies that the value of work per- formed is in excess of $1,542,962.00; and WHEREAS, a letter of credit from the United Savings Bank of Vienna, ' Virginia, in the amount of $1,928,702.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for the Potomac Crossing Planned Development Section 1C: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the United Savings Bank of Vien- na, Virginia, in the amount of $1,928,702.00 is reduced to $385,740.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibili- SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds has been reduced as outlined in Section I of ' this resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibili- ties outlined in the contract for public improvements for the Potomac Cross- ing Planned Development Section IA. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-134 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE POTOMAC CROSSING PLANNED DEVELOPMENT SECTION 1C On motion by Mrs. Forester, seconded by Kimball, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the public improvements installed to date for the Potomac Crossing Planned Development Section 1C and certifies that the value of work per- formed is in excess of $1,542,962.00; and WHEREAS, a letter of credit from the United Savings Bank of Vienna, ' Virginia, in the amount of $1,928,702.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for the Potomac Crossing Planned Development Section 1C: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the United Savings Bank of Vien- na, Virginia, in the amount of $1,928,702.00 is reduced to $385,740.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibili- 4 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 ties outlined in the contract for public improvements for the Potomac Cross- ing Planned Development Section 1C Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-135 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE POTOMAC CROSSING PLANNED DEVELOPMENT SECTION 1G On motion by Mr. Tolbert, seconded by Mr. Lovin, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the Town's Director of Engineering and Public Works has re- viewed the public improvements installed to date for the Potomac Crossing Planned Development Section 1G and certifies that the value of work per- formed is $120,379.00; and WHEREAS, a letter of credit from the United Savings Bank of Vienna, Virginia, in the amount of $205,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for the Potomac Crossing Planned Development Section 1G: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the United Savings Bank of Vien- na, Virginia, in the amount of $205,000.00 is reduced to $84,621.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibili- ties outlined in the contract for public improvements for the Potomac Cross- ing Planned Development Section 1G. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and I Mayor Sevila Nay: None r" 88-136 - RESOLUTION - AUTHORIZING A TIME EXTENSION AND APPROVING PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR HERITAGE PARK On motion by Mr. Kimball, seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: WHEREAS, HO -WAR Plumbing Corporation and the Calvert Companies, Inc., the builders and developers of the Heritage Park Apartments, have not com- pleted 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 corporate surety bond in the amount of $239,135.00 has been extended for one year by the American Insurance Company and this has been approved for legal form by the Town Attorney: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: ' SECTION I. The extension for one year of the corporate surety bond in the amount of $239,135.00 from the American Insurance Company as a security to guarantee the installation of public improvements at the Heritage Park Development is approved. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 12, 1988 On motion by Mr. Tolbert, seconded by Mr. Kimball, the meeting was adjourned. Aye: Councilmembers Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None Clerk of ouncil sw Mayor 15 J