HomeMy Public PortalAbout1990_08_08MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
AUGUST 8, 1990
A regular meeting of the Leesburg Town Council was held at the School Board meeting room,
102 North Street, N.W., Leesburg, Virginia on August 8, 1990, at 7:30 p.m. The meeting was called
to order by the Mayor, with the invocation given by Mr. Kimball and the Salute to the Flag led by Ms.
Bange. Present were: Mayor Robert E. Sevila, Councilmembers Georgia W. Bange, James E. Clem,
Christine M. Forester, Donald A. Kimball, Claxton E. Lovin and William F. Webb. Also present were:
Town Manager Jeffrey II. Minor, Director of Finance Paul E. York, Director of Planning, Zoning and
Development Katherine Imhoff, Director of Engineering and Public Works Thomas A. Mason, Director
of Parks and Recreation Gary fluff, Zoning Administrator Scott Johnson, Public Information Officer
Susan Farmer and Town Attorney George Martin.
On motion of Mr. Clem, seconded by Mr. Kimball, the minutes of the regular meeting of June
27, 1990 were approved as written.
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
Petitioners
Mayor Sevila announced that Rezoning Application #ZM-116 Stratford, scheduled for public
hearing this evening, has been cancelled.
Mr. Kelley Dennis, an attorney representing Georgelas & Sons, addressed the Council. He
said they do not seek to develop or add to the record - a public hearing has already been held. In
January 1988, the applicant began seeking a bi-fight development of 78 lots. During that same time
frame when it became evident that the infrastructure burden in this area would not support a
development at that level and at the same time the market fell-off, we discussed some options and one
was the idea that by adding 66 lots, which equates to 2 per acre, would probably make the project
work. That is all the applicant is seeking to do. This is not an effort to cull more profits from this
parcel or an effort to essentially jack-up the return to the investors in this project. This is truly a
market response in an effort to save this project. This is the only way they can retain any investment-
back expectations on this parcel.
Another item brought to the forefront in this area is whether or not it is applicable to do a ten-
unit development. There are two problems; first the donut shape of the parcel simply will not allow
it, and second, there would be more dense activity in and around some of the ve~, same people who
are concerned about the 144 lots.
The major point is we feel it is the Council's duty to fulfill the plan. You are elected to do
your job. You were elected by the citizenry who wanted you to fulfill ce~min requirements or interest
group specifications. On the other hand, you have a larger responsibility to look at the Town Plan and
fulfill it. We are seeking exactly what has been planned for this parcel. The state code emphasizes that
as well. The case law as well as the code talks about reasonable versus unreasonable uses of the parcel.
We have proven to ourselves that it would be unreasonable to attempt the 78 lot layout. The only
concern that should matter to the Council is what would end up on that parcel ultimately. Do you
want a 78 lot parcel that is a series of homes that does not draw the kind of people who are making
a substantial investment in your community and does not insure that you are going to have some of
the infrastructure transportation problems solved. In an exchange for a 66 lot increase, you have a
proffer package which is in the neighborhood of $345,000.00, which you would not have at the 78 lot
bi-right development level.
The density concern has been raised time-and-again. The proposed 2.0 unit per acre is exactly
what the Town Plan states. It is the desired goal of the town. It is far less then any of the adjacent
projects, far less then what has been approved in the southeast subdivisions, and the fact that you are
literally guaranteed that we cannot stray from the design makes it more palatable ~o the town.
Mr. Kelley wished to commend the citizens who have taken the time to give iheir i~put. Theh~.-
participation has been excellent.
The Town Plan is the primary goal. It is the Council's duty to carry out the precepts that were
set down by past boards, by professionals who looked into this issue and in addition, the County as part
of the LAMP established criteria as well. There is not a single item in the LAMP that is violated by
this proposal. This is especially true with the ultimate uses that were envisioned by both the County
and the Town. The monetary contributions are well above the norm. Well above anything that has
been given, to-date. The uses and set-backs are tailored to the project.
Finally, there is some feeling on the Council that the applicant has forced the issue by asking
for a vote this evening. In regard to that, Section 15.1-490 and 491 provide for a negotiation system.
In the last 2-3 months, the proffer package has gone from $0 to nearly $400,000.00 in addition to the
other items previously mentioned. All of this in an effort to convince the Council of the applicant's
desire and willingness to tow the line and put in a quality project. We have reached an impasse and
we feel that after the June 1, 1990 staff memo - that stated should the applicant reach these goals -
Minutes of August 8, 1990
staff could support it.
Listen to your fellow committee members. The fact that they heard at least 3 sessions of
comments and criticism from the citizenry, yet are leaving it up to you as their fellow members to make
the final decision, speaks louder than words - the committee members, primarily Mr. Sevila, Mrs.
Forester, and Mr. Lovin. We are asking that you vote your heart, vote what you believe is in the best
interest of the town. Don't vote it down simply because of the single issue of density. Density will not
matter once you see the homes.
Ms. Irene Brown, a resident of 604 Cherry Lane, addressed the Council with regard to the
acceptance of the donation of a basketball court in the Carrvale Subdivision. She submitted a petition
signed by 20 residents in Carrvale who are against the placement of the basketball court in Carrvale
park. It is commendable that a construction company wants to donate the court, however, the
placement of the court within a residential area is the issue. The park is bounded on three sides by
single-family homes and by condominiums on the fourth side. She understands there is the possibility
of negotiations with Pulte Homes regarding the court. The residents wish to maintain the calm and
quiet atmosphere that now exists in the community. A basketball cou~ in this location, will disturb
that. They are also concerned with the safety of small children and the influx of people using the
court. She asked the Council to vote in favor of the residents in Carrvale on this issue.
Mr. Terry Titus, addressed the Council with regard to Dodona Manor. He has said before that
the issue is not whether to support Dodona Manor but how that support should be made. The vote
of the town does not support the town giving $1 million Qf tax money to this project. The manager
has again shown that the town cannot afford these monies. The town is liable only for paying the
George Marshall library, up to $500,000.00 if the town should sell the land in the future. Yet the
Council has chosen to delegate the fund raising to a private committee. The project has grown from
about $3.4 million to $10 million to "I think the $10 million is conservative" as said by Ms. Kasee in
the July 25, 1990 Loudoun Times-Mirror. No one, including the Council and the town, seems to know
what the entire plans for the project itself are or what the financial situation is now or will be. It is
time to come out from behind the smoke. Enough time has been given to raising the money to
purchase Dodona Manor. The time to raise the money will soon be up. Beyond that date, Council has
no responsibility. Times have changed as everyone knows. On July 27, Leesburg Today reported as
quoted by Ms. Kasee "the fund must still raise an estimated $1.4 million to meet the purchase price
of the property". If the town and the state of Virginia pledge $1.9 million of the $3.4 million of the
purchase price, that leaves only about $100,000.00 that has been raised. If that is a fact or ff something
different applies then you and the taxpayers of the town should know. Lets assume that the monies
are raised and the purchase is consummated. What happens then. I hope this is a business transaction
that deserves careful scrutiny especially when we have a $10 million-plus project on behalf of the voters
and taxpayers of this town. Ms. Bange and Mr. Sevila both sit on bank boards, others of you have
some side interest in real estate transactions. You know that before any project is financed the lender,
wants to have a proforma prepared, its cash flows, construction schedules, leases, etc. Lenders
especially in today's market will not loan money on blind faith. This project is no different. The utility
fund is not in good shape. In 1994, if the $409,000 loan is made, there will only be about $47,000 in
the bank. That is assuming that the utility rate increases over 35% between now and 1994, the budget
projects availability fees for this year to be twice last year and four times in 1991-92. It seems that the
economy will have to turn around very quickly to make those projections. The town may be worse off
then projected. It has been reported that there is to be a conference center constructed on the site.
Do you realize the number of conference centers that are relatively dose. Do you know the competition
for them. Do you know how they perform financially, how and if they are endowed. Mr. Titus asked
how the Council could borrow $1 million of taxpayers money, give it away and cut approximately
$500,000.00 or more from the yearly budget for long needed maintenance, capital projects, etc. He
urged Council to find someway to make this project work with less Town of Leesburg funds. There
are alternatives to the current situation that will not hurt the Town, the Winns or the price.
Mr. Bill Hen .ry, addressed the Council reading a letter from Mr. Bill Jennings. It reads as
follows:
Dear Mayor and Members of the Council
You as members of our Town Council will vote on Wednesday night to ~pprove or disapprove
the Georgelas rezoning ZM-114. This rezoning will be one of the most important decision~ you ~'ill
make as a member of the Council. At stake are the vital interests of over 260 citizens o.,' our iown who
oppose the rezoning. Your vote will tell all the citizens of Leesburg whethe.' each of yoa places the
concerns and welfare of our citizens above the interest of the developer. Your vote will indicate to us
the future patterns of Leesburg's growth, either orderly and citizen oriented or open to development
and uncontrolled growth. The applicant is basing his right to higher density zoning on the Town Plan
Land Use Policy Map which was adopted after the parcel was annexed into the town. This tract was
zoned R-1 by the County. R-1 zoning was adopted by the town. R-1 zoning is shown on the current
Zoning District Map and on the proposed District Zoning Map. Clearly the zoning has always been R-
I and was intended to remain R-1. In conclusion, of an April 27, 1990 letter to the Mayor and Council
from the staff states" although the Town Plan Land Use Policy Map has designated this area for 2-3
dwelling units per acre this designation must be considered inconjunction with related policies and
standards of the plan". The Planning Commission unanimously recommended denial of this rezoning.
Two of the three reasons for the denial was based on traffic problems projected by the rezoning. A
letter to the Council undated from the staff under the paragraph headed Town Plan states that
according to the plan of the Town Plan Land Use Policy Map design objectives for this type of
Minutes of August 8, 1990
development should focus on establishing stable, quite neighborhoods of predominately single-family
homes. The Transportation Policy Map indicates that Fairview Street is planned to be improved to
function as a through collector. Surely the additional homes and traffic that would be generated by the
approval of this zoning will disrupt our stable, quiet neighborhood and Fairview Street must be
improved all the way to West Market Street as a through collector street. The June 1, letter to the
Mayor and Council from the staff states that through collectors are designed to serve more than 150
dwellings or between 1500-7500 vehicle trips per day. This requirement mandates that Fairview Street
be improved to a 38-foot wide paved street, the entire distance to West Market regardless of staff
analysis that Fairview Street has adequate capacity to accept the traffic of the increased rezoning.
There are eleven matters that the Council may consider in assessing rezoning applications under Section
15.1-490 of the Code of Virginia.
The existing use and character of the property. The existing use of the
property is open grazing land. The character of the property will be
dramatically altered by the rezoning.
Comprehensive planning. The Land Use Policy Map is not the sole comprehensive plan.
It is a general area plan. Comprehensive plans applied to this property
are the past, present and proposed future zoning maps.
Suitability of the property for various uses. The property is suited for
residential development. However, the use as a higher density
development certainly questions the suitability of the proposed rezoning.
Trends, growth or change. There is no trend of growth in this area the
existing neighborhoods and surrounding areas have not changed.
Current and future requirements of the community. The residential use
as determined by the population is correct and there are no justifiable
requirements for the increase in density.
Requirements for transportation, housing, school, parks, playgrounds,
recreational areas and other public services. The transportation
requirements required by the rezoning are for a through collector street
system which is Falrview. The applicant has not met this requirement.
To conform to this matter the applicant must build Fairview Street as
a through collector all the way to West Market Street. This matter
alone justifies denial of the rezoning. There are no housing
requirements to justify the rezoning. No affordable housing will be met.
The increased density will increase the load on schools, parks,
playgrounds, recreation areas and other public services.
Conservation of natural resources. The change from agricultural land
to denser residential land does not conserve natural resources obviously.
Preservation of agricultural and forest lands. Development of this
property to the increased density will not preserve agricultural and
forest lands.
Preservation of floodplains. The rezoning will destroy and not preserve
floodplain land.
10.
The conservation of properties and their values. This rezoning does not
add to property values and conserve them. The value of property along
the traffic routes into the property will be adversely affected.
11.
Encouragement of the most appropriate use of land throughout the
municipality. This rezoning will encourage uncontrolled growth and this
will certainly not encourage the ;nost eppropriat.z [,rowth pattern for
Leesburg.
This break down of the code shows clearly that the eleven matters when assessed by the
Council will give only one choice and that is to deny the rezoning. Other pertinent facts also to be
considered. Falrview Street must be improved to a through collector street. This will be a cost to our
town of over $700,000.00. The applicant proffered to pay, someday when the houses are built, a
portion of the cost. The capital outlay by Leesburg will be a burden all the Leesburg taxpayers.
The rezoning to a density of 4 units per acre proffered at this time to 2 units opens the door
to many rezoning problems for the town and sets a dangerous precedence. What happens if the
applicant sells the property and the purchaser applies for another rezoning without the proffers. The
additional density of this rezoning will increase the tax burden of all Leesburg residents. It is the
knowledge that this type of housing creates a much higher cost of services and the benefits of taxes
paid by the homeowners.
It is your duty to the citizens of our town that deserve our quality of life to represent our
interest in assessing this rezoning. This can only be done by denying the rezonlng. If this applicant
Minutes of August 8, 1990
meets most of the criteria and the decision is close you must protect our interests and deny the
rezoning. The citizens of our community of which over 260 opposes this rezoning appreciate your in
depth evaluation of this application and we are confident you will deny this rezoning and set a standard
for the Council, as a Council for the citizens of Leesburg. ~:
Mr. Paul Capitan, a resident of 510 Appletree Drive, addressed the Council in opposition of the
proposed basketball court in Carrvale. He received a letter, inside his doorway at his residence, from
the Parks and Recreation Department explaining the proposed court. He and his neighbors were given
less then one week to decide on this issue. They were given no opportunity to speak to the August
1, 1990, A&PW Committee. He also questioned who was actually surveyed and how many residents
in the community said that they would like the basketball court. He is concerned with the loss of
open-space for the town. There is no access proposed on the drawings. Traffic, noise, loitering and
occupancy are also concerns. There will be people coming from other areas of the town to use this
park.
Ms. Gayle Cyrek, a resident of 914 Marshall Drive, addressed the Council regarding the
proposed basketball court. Her residence is directly across from the proposed park site. She wished
to bring up a point in favor of the basketball court in Carrvale. The people lobbying against the court
are putting forth the message to the young adults and children that they are being judged troublesome.
She is a parent of two teenage boys and has always encouraged her children to enjoy the recreation
facilities around their home. If parents will monitor their children when using this facility we can then
curve the amount of problems that may happen. We are talking about the children that are already
in the community. If they are going to cause trouble, they are going to cause trouble whether there
is a basketball court or not. Having a town park in this area hopefully would increase police patrol
therefore giving the residents better protection. The negative feeling is premature. She hopes that the
Council will vote in favor of this park.
Mr. Glen Forester, a resident of 916 Marshall Drive, addressed the Council on behalf of the
proposed basketball court. He asked the Council to give the youth of Carrvale a chance.
Mayor Sevila referred to a letter from Mr. John Tello, a resident of 918 Marshall Drive,
regarding the proposed basketball court in Carrvale. The letter is attached to this set of minutes and
is made a part of the official record.
Councilmember Comments
Mr. Webb had no comments.
Mr. Lovin had no comments.
Mr. Clem attended Saturday's Listening Session. There were no citizen visitors.
He attended the Leesburg Renaissance reception and noted that the DBA has re-titled the
organization to the Leesburg Business Association.
Mr. Kimball had not comments.
Mrs. Forester thanked the citizens for their input on all of the issues.
She noted that the Certified Planning Commissioner's conference will be held in Richmond on
October 7-9. She will be presenting a workshop on Sunday afternoon, during the conference.
Ms. Bange reported that she attended the Virginia Municipal League's Workshop for newly
elected officials. She gained a lot of good information.
Manager's Report
Mr. Minor reported that the Council did receive a written copy of the Activity Report on
Monday. An item not listed in the report was today's surplus ~roperty auction. It was well attended
and the town netted about $9,000.00 from the sale.
He updated the Council on revenues from Ida ),ee's recr~ation center. From July 1, forth the
town has collected over $40,000.00. Over $1,000.00 pez day is bei,g collected. We are fairly well on
target and can expect when fall approaches many citizens will turn to Ida Lee.
He reported that the Town used Water Loss Systems, Inc., of Germantown, Maryland to locate
and make the repair at 112 Mary Anne Avenue. There was a horizontal split in the six inch
watermain.
Mr. Kimball asked Mr. Minor where the surplus revenue goes. Mr. Minor said it goes into the
General Fund.
Legislation
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and
adopted.
Minutes of August 8, 1990
90-0-24 - ORDINANCE - DENYING REZONING APPLICATION #ZM-114 BY GEORGELAS AND
SONS, INC.
WHEREAS, on November 28, 1989 the Council received rezoning application #ZM-114 by
Georgelas and Sons Inc., to rezone a 71.8 acre parcel of land located north of the Fairview subdivision
and west of Andover Meadow subdivision from R-1 to R-4 with proffers and referred the application
to the Planning Commission for public hearing and recommendation; and
WHEREAS, the Planning Commission held a public hearing on this application on January 27,
1990; and
WHEREAS, the Planning Commission recommended denial of this rezoning application on
February 2, 1990; and
WHEREAS, the Town Council held a public hearing on this application on May 8, 1990; and
WHEREAS, numerous residents of adjoining neighborhoods have raised concerns about the
adverse impacts of this application on the existing neighborhood; and
WHEREAS, the Council has determined this proposal will adversely impact existing
neighborhoods and the Town's transportation system:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Rezoning application #ZM-114 by Georgelas and Sons Inc., is hereby denied.
Mr. Webb does not believe that the town has ever had an application that was more
represented by the citizens then this one. Not only the citizens by the northeast section but by the
citizens of the whole town. When you stop to consider what this may cost the town taxpayers - the
town citizens, as a body, have the right to speak. He thinks that the transportation problem will cost
the town money - money that we do not have to put out.
Ms. Bange agrees with Mr. Webb. The water pressure at this time is not adequate in that
quadrant of town and we do not know when we will be able to increase the pressure. This, including
the adverse financial impact on the Town of Leesburg are concerns.
Mr. Clem said that the Town Plan is a guide. There is a definite traffic problem in this area.
Old Waterford Road cannot handle anymore traffic then it presently has. It is a two-lane road and
there is a very bad intersection at Morven Park and Old Waterford Road. The road continues to
worsen from that point to the cemetery. At the cemetery the road widens and becomes a speedway
just to be a major bottleneck at North Street. There is a genuine concern for the traffic traveling in
that direction, notwithstanding Fairview Avenue and the need for widening and improving that has
been stated by the developer. However, there is land acquisition at the knoll that needs to be acquired
and the town does not have the money to buy that land to make the widening take place. The water
pressure is a major issue. He hopes the town and this Council would not make the same mistake that
that has been made twice in the past. Once with Normandy Village who has very little water pressure
and also the Foxridge Subdivision. It is a safety factor. Being a fireman he can assure everyone that
it is a very uneasy feeling to go into neighborhoods not being sure that the proper needs can be
addressed. The traffic will filter onto Wilson and Pershing by way of the alley and those roads cannot
accommodate anymore traffic. For these reasons Mr. Clem cannot support the rezoning.
Mr. Lovin has thought about this application for a long time. He has been on the Planning
and Zoning Committee for two years and has been present at the hearings where this application
presented the reasons for approval. The issues of traffic, wetlands and density have all been addressed.
The level of traffic now has been given a B level designation and with the build out of Georgelas and
the proposed library the level of service will still remain at a level of B. The amount of proffers and
the amount of items that the applicant is going to do to relieve some of the traffic issues are
commendable and will address the issues. Density is another issue - look at Normandy Village - 2.6,
Ayrlee and Dodd - 2.7, Mo~ ve~. P'trk Court - 3.8, Falrview where there are 25-foot lots - 8.6. Here the
applicant is tryin£ fcr ~. u~ its pe: acre. Mo ,~ ~f the homes in this area are on quarter acres. This
applicant is goi~lg ~o be at ~ he mi timum of 12,090 foot lots - 2 per acre. Are we going to say that the
applicant cannot Vo this w,,en ex ery thi ~g arouud this area is higher. There is a degree of fairness.
Mr. Lovin's job on this Cou._~c/i is to weigh ~hese is.~ues without the emotion and to be fair. We cannot
be fair when we only look at one particular issue. The citizen property owners have rights but the
developer has rights also. We have to look at this objectively and have to look at it on a two-way
street. This is responsible growth. Mr. Lovin cannot support the denial of this rezoning.
Mr. Kimball said it was certainly difficult to improve much of what has been said. It is not
an easy issue. Both sides have articulated their positions quite well. He hopes that some of the
energy generated by the town's citizens on this project could be somehow siphoned off onto other town
projects of a larger scale. He is not opposed to a greater density then 78 units, however, he is
concerned with the additional road systems and traffic improvements and the expenditure of funds to
support those. He supports the motion to deny.
Mrs. Forester said she understands the concerns of the citizens and has been a proponent of
controlled growth. As a member of the Planning Commission she voted against this rezoning, at that
Minutes of August 8, 1990
time. However she feels since this rezoning has moved from the Planning Commission to the Council
level there has been a lot of advancement in terms of the whole development. The proffer package far
exceeds any proffer package the '~wr~ has seen in a rezoning of this kind. In fact~ it exceeds the proffer
packages the town has seen at much larger levels. She does not feel that this denial is legally
defensible, therefore she will vote against the denial.
Mayor Sevila wished to acknowledge the large turnout tonight and thank everyone for their
participation in this process. I cannot site another zoning case, over recent history, which has evoked
such a public response and public interest. I appreciate everyone taking the time to write to me, and
to talk to me with their thoughts and concerns about this rezoning. It represents a pretty significant
potential impact on your neighborhood. I apologize for not being able to write to each person who has
written to me.
We as a Council have a special responsibility when we see this much public interest in any
issue. It is not any greater a responsibility then we have in those zoning cases where we approve 2,000
dwelling units and half a million office and commercial space and not a single person appears. It does
not make in any more important then those. It does not mean that it requires any more attention or
is a greater significance to the town but because we are all here as a result of the fact that we run for
this office and are elected by the citizens you can bet when we get this much response it will get very
careful, very analytical evaluation. I can assure everyone, both personally and on behalf of this Council,
that this application has received that level of consideration and thought. We have attempted to
identify all the issues that have been brought up, have attempted to call on outside expertise where
necessary, to rely on input from our own staff and ~thers when necessary and come to some
conclusions. I have personally witnessed this process working at its best during these months of
deliberation.
When the vote is taken there will be people who are going to rush to make some conclusions
about those who vote for and those who vote against it. I personally have been characterized, as a
result of my votes on this Council, as pro-growth, no-growth, anti-growth, for-growth and for
uncontrolled growth. Any such conclusions that you try to reach tonight are not valid. I have watched
this Council honestly, deliberately and conscientiously debate, discuss, deliberate and attempt to arrive
at a conclusion.
This public, through its public hearing process, this applicant and our staff acting as a referee
and consultant to us have attempted to analyze each and every issue. Transportation, water pressure,
storm water management, wetlands, floodplains, all of these things are legitimate interests and issues
to ail of you who have taken the time to write to us. It is true that the Planning Commission in
January voted unanimously to deny this application but the application is not the same application as
it was then. The application has hundreds of thousands of dollars of proffers in it. It has 26 proffers
non of which were around when the Planning Commission voted on it in January. The application
goes a long way to address and satisfy each and every one of the concerns raised by all of you. I
cannot tell everyone that it will not result in change and that it will not result in some impact on your
community. If I could vote by heart tonight I would vote against the application. If I could vote by
heart tonight and had the opportunity to vote by heart for the past 30 years none of us would be here
because I would have been opposed to growth in 1962 when the town was a community of about 1500
people, but that is not possible. This is an opportunity and a responsibility for us to evaluate and
weigh the rights and interest of the town as a whole, you as adjoining neighbors and this applicant as
an owner of a 78 acre parcel. All of those rights have to be carefully considered and the power to
deny, the right to tell someone that they cannot do what they want to do on their land should only be
exercised in the most considered situations when it is legally defensible. The State Supreme Court and
the State Legislature have set up legal precedent for denying applications and those legal precedents
have to be followed by all of us. We have all looked at this in our own honest way and have tried to
arrive at a legal conclusion and a proper conclusion - one that we can go home with tonight and say
is right. I have come to a different conclusion then the majority of this Council who have expressed
their views. In doing so I have a clean conscience that I have given considerable thought to every issue
that has been raised. This application at 2 units to the acre is the least intense residential
development in this town. It is the most proffered development in this town and transportation which
has been sighted as the primary issue operates today at a level of B or better without this development.
The applicant's consultant and cur consultant~ analyzing the traffic that will be generated from this
developmenq have con¢!u~ed that i! v~.ll operate ~t e level B or better. The safety and traffic issues
are not there or ai 1,.~s; tLey hate t cea sa':isfied. The Mayor cannot support the motion to deny this
application.
The ordinance was adopted by a roll call vote of 4-3.
Nay:
Councilmembers Bange, Clem, Kimball, Webb
Councilmembers Forester, Lovin, Sevila
On motion of Mr. Clem, seconded by Mr. Webb, the following ordinance and resolutions were
proposed and unanimously adopted.
90-0-25 - ORDINANCE - APPROVING A REVISED PRELIMINARY DEVELOPMENT PLAN AND
PROFFER AMENDMENT FOR THE GREENWAY FARM PLANNED RESIDENTIAL
NEIGHBORHOOD
WHEREAS, on March 23, 1988 the Council of the Town of Leesburg in Virginia approved
Minutes of August 8, 1990
rezoning application #ZM-90 by Greenway Farm Partnership establishing a 500-unit planned
development referred to as the Greenway Farm Planned Residential Neighborhood (PRN); and
WHEREAS, rezoning application #ZM-90 was approved with a set of proffers and a preliminary
development plan showing the type and arrangement of land uses within the Greenway Farm Planned
Residential Neighborhood (PRN); and
WHEREAS, Trafalgar House has submitted rezoning application #ZM-120 requesting that the
preliminary development plan and proffers associated with the Greenway Farm PRN be amended; and
WHEREAS, a joint public hearing was held with the Planning Commission on July 11, 1990
tn consider this application; and
WHEREAS, the Planning Commission, on July 26, 1990 recommended conditional approval of
this application and approved a variation of Section 13-75(2)(d) of the Subdivision and Land
Development Regulations in order to allow common parking courts to serve more than thirty-six units;
and
WHEREAS, this request decreases the overall residential density from 500 units to 408 units
and increases the amount of open space from 42 acres to 65 acres; and
WHE~, a reduction in density is more compatible with existing development in this area
and superior to the original proffered rezoning approved on March 23, 1988; and
WHEREAS, it is determined that the public necessity, convenience, general welfare and good
zoning practice require the amendment of the previously approved preliminary development and
proffers associated with #ZM-90 and the Greenway Farms PRN:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The revised preliminary development plan dated June 27, 1990 for the Greenway
Farm PRN, and submitted as part of rezoning application #ZM-120 for 156.75 acres, is hereby
approved and amends the residential component of the previously approved preliminary plan dated
March 8, 1988 and associated with rezoning application #ZM-90.
SECTION II. The revised proffers dated August 1, 1990 voluntarily submitted by Trafalgar
House, Inc. are hereby approved, superseding all proffers previously related to this 156.75 acre property:
Pursuant to Section 15.1-491 of the Code of Virginia (1950, as amended) and Section 13A-12 of the
Town of Leesburg, Virginia Zoning Ordinance these proffers replace and make null and void proffers
I through 8 associated with Ordinance No. 88-0-11, ZM-90 Greenway Farms Partnership, but retains
in effect proffers 9 and 10 which are directly applicable to the development of the commercial
component, day-care facility and church site of this Planned Residential Neighborhood.
The applicant, or its successors-in-interest shall dedicated in fee simple to the Town of
Leesburg (the "Town"), free and clear of liens and encumbrances, accomplished by
documents drawn in a form acceptable to the Town Attorney, and construct the on-
site public streets and turn lanes at the entrances on Route 15 as generally shown on
the Preliminary Development Plan in accordance with the design standards of the
Virginia Department of Transportation CVDOT") and the Town's Construction and
Design Manual Standards. Construction of such streets shall occur substantially in
accordance with the phasing plan shown on the Preliminary Development Plan.
Dedication of the rights-of-way shown on the Preliminary Development Plan will occur
at time of Record Subdivision Plat Approval of each section of the Property. Upon the
earlier of, receipt of the zoning permit for the four hundred (400th) residential unit
developed on the Property or, when warranted by VDOT, the Applicant, or its
successors and assigns, will pay the Town for the cost associated with providing
signalization at the southerly entrance to the Property on Route 15.
Development of the Property will be in substantial conformity with the Preliminary
Development Plan referenced above and attached hereto, which shall control the density,
use, general layout, and general configuration of the Property, with reasonable allowance
for engineering and design alteration to meet Town zoning, subdivision and land
development regulations. The architectural design and materials for homes constructed
on the Property will be in general conformity with the Preliminary Development Plan.
Consistency of the architectural design and materials of homes constructed on the
Property with the renderings included in the Preliminary Development Plan will be
verified by the Town Land Development Official at the time of issuance of Zoning
Permits. Any substantial deviation in the architectural design and materials from the
renderings included in the Preliminary Development Plan will require approval from
the Town Council as a proffer amendment. Applicant agrees to construct one attached
double car garage with each single family detached home constructed on the Property.
The Applicant or its successors-in-interest will at its sole expense provide temporary on-
site access for construction of Nickels Drive and residential units accessed from Nickels
Drive. Applicant agrees to not use Bradfield Drive for any construction access to
Minutes of August 8, 1990
Nickels Drive until the construction of Nickels Drive is complete, Nickels Drive is
acceptable for inclusion into the Towns roadway inventory, and ail residentiai units
accessed from Nickels Drive have been constructed.
The Applicant, or its successors-in-interest, agrees to pay the Town prior to issuance
of each zoning permit issued for residentiai units constructed on the Property ONE
THOUSAND DOI,LARS ($1,000) as its pro-rata share toward the construction of off-
site transportation improvements. The donation by Applicant or its successors-in-
interest, will be paid into an escrow account established by the Town for "Offsite
Roadway Improvement Fund" for the specific purpose of financing construction of such
transportation improvements. Any Town approved improvements to Route 15, other
than turn lanes, acceleration and deceleration lanes, and signalization necessary for the
southerly entrance to Route 15, which are constructed or paid for by the Applicant, or
its successors-in-interest, shail be given a direct dollar for dollar credit against
contributions made to the "Off-site Roadway Improvement Fund" required pursuant to
this Paragraph (4).
Immediately prior to issuance of zoning permits, the Applicant, or its successors-in-
interest, shail make payments in the amount of FIFTY DOI,I.ARS ($50.00) per
residentiai zoning permit to the Town as a donation to the fire and rescue facility
providing service to the Property, which monies will be paid by the Town to the
appropriate fire and rescue facility.
Immediately prior to issuance of zoning permits for residential units developed on the
Property, the Applicant, or its successors-in-interest, shall pay to the Town ONE
HUNDRED DOLLARS ($100.00) for each residential unit, to be placed by the Town
in a fund for the improvement of the Ida Lee Community Park.
The Applicant or its successors-in-interest will donate to the Town, free and clear of ail
liens, title defects, and restrictive covenants, an area of land composed of approximately
six acres, the location of which is more particularly designated on the Preliminary
Development Plan as the "Public Facility Site". This six acre parcel of property will be
conveyed to the Town for a fire, police, or public recreational use permissible under the
Town PRN zoning classification. Conveyance to the Town of the six acres of property
will occur at the time of record plat approvai of that portion of the Property which
abuts the Public Facility Site. At the time of dedication of the Public Facility Site,
Applicant will provide utilities and public road access to the Public Facility~ Site at the
boundary of such property. The deed of conveyance to the Town will provide for
retention by the Applicant, or its successor, of utility and/or drainage easements along
and across the site which are reasonably necessary under good engineering practices to
accommodate the development plans of the Applicant for the Property and which will
not unreasonably affect the Public Facility Site uses described in this paragraph. All
documents necessary for this conveyance will be in a form acceptable to the Town
Attorney.
On or before sale and conveyance of the 94th home constructed on the Property,
Applicant, or its successors in interest, will design and provide to the Town all materiais
for construction of a community tot lot facility on the public recreation area of the
Property shown on the Preliminary Development Plan. The design of the tot lot facility
shall be approved by the Town Director of Parks and Recreation. The facility shall be
similar in size and equipment to the "tot-lot" facility constructed and maintained by the
Town of Hamilton, Virginia.
SECTION III. This ordinance shail be effective upon its passage.
90-198 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC CROSSING SECTION lB2
WHEBF_,~,S, Richmond American, the developers of Potomac Crossing Section lB2 have not
:ornple'~d a'.l the required public improvements in accordance with the approved construction drawings
~nd ~ m standards within the two-year period agreed to in the contract for public improvements plus
approv,~,d time ex~ensions; and
WHEREAS, all the housing units in the subdivision have not been sold by the builder; and
WHE~, the corporate surety bond from Reliance Insurance Company, which guarantees the
in~allation of public improvements, in the amount of $79,000.00 expires on August 8, 1990; and
WHEREAS, Richmond American has requested a four-month time extension and provided a
new corporate surety bond from Reliance Insurance Company in the amount of $79,000.00 to guarantee
installation of the remaining public improvements for Potomac Crossing Section 1B2; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$79,000.00 to guarantee installation of the remaining public improvements:
Minutes of August 8, 1990
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The corporate surety bond from Reliance Insurance Company in the amount of $79,000.00 in
a form approved by the Town Attorney and a time extension of four months for the installation of
public improvements in Potomac Crossing Section lB2 are hereby approved.
90-199 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC CROSSING SECTION ID
WHEREAS, Richmond American, the developer of Potomac Crossing Section ID has
substantially 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 public improvements in Section ID of Potomac Crossing cannot be accepted
by the town until the public improvements in Section lC of Potomac Crossing are completed and
accepted; and
WHEREAS, the corporate surety bond from Reliance Insurance Company, which guarantees the
installation of public improvements in Potomac Crossing Section ID, in the amount of $54,055.00
expired on August 8, 1990; and
WHEREAS, a new corporate surety bond from Reliance Insurance Company in the amount of
$54,055.00 has been provided by the developer to guarantee installation of the remaining public
improvements for Potomac Crossing Section 1D; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$54,055.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section
1D.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The corporate surety bond from Reliance Insurance Company in the amount of $54,055.00 in
a form approved by the Town Attorney and a time extension to October 1, 1990 for the installation of
public improvements in Potomac Crossing Section 1D are hereby approved.
90-200 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE
FOR POTOMAC CROSSING SECTION 1H
WHEREAS, Richmond American, the developer of Potomac Crossing Section 1H has
substantially 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 public improvements in Section 1H of Potomac Crossing cannot be accepted
by the town until the public improvements in Section lC of Potomac Crossing are completed and
accepted; and
WHEREAS, the corporate surety bond from Reliance Insurance Company, which guarantees the
installation of public improvements in Potomac Crossing Section 1H, in the amount of $54,000.00
expired on September 1, 1990; and
WHEREAS, a new corporate surety bond from Reliance Insurance Company in the amount of
$54,000.00 has been provided by the developer to guarantee installation of the remaining public
improvements for Potomac Crossing Section 1H; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$54,000.00 to guarantee installation of the remaining public improvements of Potomac Crossing Sec io~.
IH.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follow.~:
The corporate surety bond from Reliance Insurance Company in the amount of $54,000.00 in
a form approved by the Town Attorney and a time extension to October 1, 1990 for the inst__~llation of
public improvements in Potomac Crossing Section 1H are hereby approved.
90-201 - RESOLUTION - AUTHORIZING A CONTRACT WITH COMMONWEALTH PETROLEUM
FOR THE PROCUREMENT OF PETROLEUM PRODUCTS
WHEREAS, on June 27, 1990, bids were received from petroleum product vendors to supply
the town with #2 fuel oil, #2 diesel fuel and unleaded gasoline; and
WHE~, of the bids received, Commonwealth Petroleum of Middleburg, VA., was the lowest
responsible bidder:
Minutes of August 8, 1990
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized to execute a contract with Commonwealth Petroleum
to supply the town with petroleum products from August 1, 1990, to July 31, 1991.
SECTION II. The invitation for bid provides for up to two additional one-year renewals at the
option of the town upon expiration of the one-year contract on July 31, 1991.
90-202 - RESOLUTION - AUTHORIZING TEMPORARY PARKING DIRECTIONAL SIGNAGE IN
THE DOWNTOWN HISTORIC DISTRICT
'~I-IE~, this Council recognizes that the construction of the municipal parking structure
downtown has and will continue to adversely affect downtown business during the approximate 10-11
month construction period; and
WHEREAS, the efforts of this government to establish a temporary 141-space parking facility
only one block from Loudoun Street as well as additional on-street parking, in conjunction with the
efforts of the private sector, including the Loudoun Times-Mirror's offer of its 145-space lot on Loudoun
Street during the evening and week-ends at no cost to the public, have ensured convenient and
reasonably priced parking will be available to serve our historic district during this period; and
WHEREAS, it is also a government and business responsibility to appropriately advertise and
direct motorists' to the available downtown parking in Leesburg;, and
WHEREAS, some merchants have requested the town consider permitting small temporary
portable signs to help direct downtown visitors to available parking; and
WHEREAS, this Council seeks to establish a temporary procedure to permit businesses to
display parking directional signs, which do not conform with the town's sign regulations and zoning
ordinance:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Temporary portable signs may be erected within the commercial zones of the Old
and Historic District to direct the public to convenient parking locations upon the approval of the sign
by the zoning administrator. Temporary sigu permit program may be withdrawn at any time by the
Council. Requirements for temporary sign permits are as follows:
Pedestrian or vehicular traffic will not be impeded, however, temporary signs
within the public right-of-way are approvable.
Sign copy will be limited to the name of the establishment(s) and directions to
parking areas.
3. The size of the sign should not exceed 12 square feet.
SECTION II. All temporary parking directional sign permits issued under the authority of this
resolution shall expire and the signs removed by the owner at the time the municipal parking facility
is complete and open to the public.
Mr. Kimball said this was another indication of Council's collective willingness to focus
attention on this area and it is the proper thing to do.
On motion of Mr. Kimball, seconded by Mr. Webb, changes were made to Section I, third line
to read"... Temporary sign permit program may be withdrawn at any time by the Council."
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
90-203 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTIBLE PERSONAl,
PROPERTY TAXES FOR 1985
WHEREAS, the 1950 Code of Virginia, as amended, Section 58.1-3940 provides for collection,
of local personal property taxes to be enforceable for only five years following December 31 of the year
for which such taxes were assessed; and
V~rlEREAS, the town's financial records contain outstanding personal property taxes for the
year 1985:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Director of Finance is authorized to charge-off from the town's financial records the
attached list of all outstanding personal property taxes for the year 1985.
90-204 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTIBLE WATER AND
SEWER ACCOUNTS
Minutes of August 8, 1990
WHEREAS, the town each year identifies those water and sewer utility and other accounts that
are past due and considered uncollectible; and
WHEREAS, a listing of those accounts for the fiscal year ending June 30, 1990, is hereby
attached:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The attached listing of delinquent water and sewer accounts and returned checks have been
identified to be uncollectible and authority is given for the accounts to be written-off the town's books
and records as uncollectible accounts.
90-205 - RESOLUTION - AUTHORIZING TI-rE GRANTING AND EXECUTION OF A DEED OF
EASEMENT TO NORTHERN VIRGINIA ELECTRIC COOPERATIVE (NOVEC) FOR
THE PURPOSE OF PROVIDING ELECTRICAL SERVICE TO THE LOCALIZER AT
LEESBURG MUNICIPAL AIRPORT
WHEREAS, localizer equipment, designed to assist pilots in landing at Leesburg Municipal
Airport, has been installed 1,000 feet south of the runway; and
WHEREAS, NOVEC must cross approximately 130 feet of town property to provide electric
power to the equipment; and
WHEREAS, underground conduit will be installed for this purpose; and
WHEREAS, NOVEC requires a permanent easement agreement, a copy of which is attached,
to maintain electric power to the localizer site:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to execute the attached easement granting Northern
Virginia Electric Cooperative access through town prope~:y to provide electric power to the Leesburg
Municipal Airport localizer site.
90-206 - RESOLUTION - AUTHORIZING NOTICE OF A PUBLIC HEARING FOR REZONING
APPLICATION #ZM-101 ALLMAN
WHEREAS, the Town Council previously held a public hearing regarding this rezoning
application on May 11, 1988; and
WHEREAS, Rezoning application #ZM-101 by Donald K~ Allman to rezone approximately 8
acres from R-1 to B-1 has been reactivated by the applicant for Town Council consideration:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider rezoning application #ZM-101 by Donald K~ Allman shall
be published in the Loudoun Times Mirror on September 6, 1990 and September 13, 1990 for a public
hearing on Wednesday, September 26, 1990 at 7:30 p.m. in the Loudoun County School Board Annex
located at 102 North Street NW in Leesburg.
90-207 - RESOLUTION - AUTHORIZING A NOTICE OF A PUBLIC HEARING FOR REZONING
APPLICATION #ZM-122 LEESBURG GATEWAY BY SYCOLIN PARTNERSHIP
WHEREAS, rezoning application #ZM-122 Leesburg Gateway by Sycolin Partnership to amend
previously approved rezoning application #ZM-28 to allow for multi-family development by special
exception on the remaining acreage of the Gateway Subdivision located south of Gateway Drive, zoned
B-2, was received and referred to the Planning Commission for public hearing and recommendation on
June 27, ]990; sud
W]IERE KS, the Pla~ming Commission held a public hearing on July 26, 1990 to consider this
a;oplication, and :ecomn ~ended ~.onditional approval to the Town Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider rezoning application #ZM-122 Leesburg Gateway by
Sycolin Partnership for proffer amendments shall be published in the Loudoun Times.Mirror on August
23, 1990 and August 30, 1990 for public hearing on Wednesday, September 12, 1990 at 7:30 p.m. in
the Loudoun County School Board Annex located at 102 North Street, N.W. in Leesburg.
90-208 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR SPECIAL
EXCEPTION APPLICATION #SE-90-4 LEESBURG GATEWAY BY SYCOL1N
PARTNERSHIP
WHEREAS, special exception application #SE-90-4 Leesburg Gateway by Sycolin Partnership
to allow for multi-family residential development on the balance of Gateway Subdivision, zoned B-2,
Minutes of August 8, 1990
lo~qted south of Gateway Drive was received on June 14, 1990; and
WHEREAS, the applicant requests a maximum of 268 dwelling units with an overall density
of i$.9 dwelling units per acre in conformance with a submitted concept plan dated June 7, 1990 as
amended, prepared by Dewberry and Davis; and
WHEREAS, the applicant has submitted a separate rezoning application for proffer amendments
to allow for approval of this special exception application; and
WHEREAS, on July 26, 1990 the Planning Commission recommended conditional approval of
this application to the Town Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider special exception application #SE-90-4 Leesburg Gateway
by Sycolin Partnership to allow multi-family residential development in the B-2 zoning district shall be
published in the Loudoun Times-Mirror on August 23, 1990 and August 30, 1990 for public hearing
on Wednesday, September 12, 1990 at 7:30 p.m. in the Loudoun County School Board Annex located
at 102 North Street, N.W. in Leesburg.
90-209 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT LEESBURG CHRYSLER/NISSAN
WHEREAS, the Carillon Limited Partnership, the developer of Leesburg Chrysler/Nissan 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 irrevocable letter of credit from the Bank of Loudoun in the amount of
$8,952.24 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of $2,238.00 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.
90-210 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION FOR TAVISTOCK FARMS OFFSITE
SANITARY SEWER
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date for Tavistock Farms Offsite Sanitary Sewer and certified that the value
of work performed exceeds $125,124.00; and
WHEREAS, an irrevocable letter of credit from Perpetual Savings Bank in the amount of
$156,405.00 has been provided by the developer and approved by Council to guarantee installation of
public improvements for Tavistock Farms Offsite Sanitary Sewer.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from Perpetual Savings Bank in the amount of
$156,405.00 is reduced to $31,281.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in
the contract for public improvements for Tavistock Farms Offsite Sanitary Sewer.
90. 21 . -RESOLUT]ON - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PITBLIC IMPROVEMENTS INSTALLATION IN TAVISTOCK FARMS SECTION 2
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Tavistock Farms Section 2 and certified that the value of work
performed is $105,955.00; and
WHEREAS, an irrevocable letter of credit from Perpetual Savings Bank in the amount of
$141,274.00 has been provided by the developer and approved by Council to guarantee installation of
public improvements in Tavistock Farms Section 2.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from Perpetual Savings Bank in the amount of
$141,274.00 is reduced to $35,319.00.
~ ~5 7
Minutes of August 8, 1990
SECTION II. The Town Manager shall notify the developer that liabih~?' fo~ the letter of credit
has been reduced as outlined in Section I of this resolution, and that this reduc~%;:~ d~es not constitute
acceptance of public improvements by the town or relieve the developer of re?;:.::~sibilities outlined in
the contract for public improvements in Tavistock Farms Section 2.
90-212 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION IN TAVISTOCK FAP. MS SECTION 6
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Tavistock Farms Section 6 and certified that the value of work
performed exceeds $802,225.00; and
WHEREAS, an irrevocable letter of credit from Perpetual Savings Bank in the amount of
$1,002,781.00 has been provided by the developer and approved by Council to guarantee installation
of public improvements in Tavistock Farms Section 6.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Perpetual Savings Bank in the amount of $1,002,781.00
is reduced to $200,556.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in
the contract for public improvements in Tavistock Farms Section 6.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted.
90-213 - RESOLUTION - INTENT TO ADOPT AN ORDINANCE APPROVING THE REZONING
APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-109
EDWARDS LANDING BY PINNACLE DEVELOPMENT CORPOtL~TION
WHEREAS, the Town Council approved the Potomac Crossing South Concept Plan/Town Plan
Amendment (now known as Edward's Landing) on January 24, 1989; and
WHEREAS, on March 17, 1989 Pinnacle Development Corporation applied to rezone 154.9
acres, 32 acres of which were in Loudoun County and required incorporation by boundary line
adjustment, located generally east of Route 15 Bypass and the Potomac Privet, and north of Edwards
Ferry Road from County R-1 to Planned Residential Neighborhood, PRN, zoning district; and
WHEREAS, this application was received by the Town Council and referred to the Planning
Commission for public hearing, as well as to the Annexation Area Development Policies (AADP) Joint
Policy Committee for consideration of the proposed boundary line adjustment; and
WHEREAS, the Planning Commission held a public hearing on June 22, 1989 to consider this
rezoning application with proffers; and
WHE~, on November 16, 1989 following an extension of time granted by the applicant,
the Planning Commission recommended denial of #ZM-109 Edwards Landing because of then-
unresolved land use issues; and
WHEKEAS, the applicant revised the rezoning plans and proffers to address concerns raised
by the Planning Commission including the overall residential density and propos-d townh~me layout;
and
WHEREAS, the AADP Joint Policy Committee condifior~ll" reco a~en le0 to the ]~:rd of
Supervisors and the Town Council that the requested 32 acre palce) of lar i L~. i ~cc~,os ated in~o '~he
Town of Leesburg corporate limits by boundary line adjustmont ou J~nuar.' ~1, . 990; a ~d
WHEREAS, the Town Council held a public hearing on January 23, 1990 to consider this
rezoning application; and
WHEREAS, on February 7, 1990 following the hearing, staff formally responded to the
environmental concerns raised, and the applicant addressed the same through further revisions to the
proffers and the rezoning plan; and
WHEREAS, the existing zoning designation for this property changed from County R-1 to Town
R-1 as part of the comprehensive zoning revisions adopted April 24, 1990; and
WHEREAS, Town Council and Board of Supervisors both endorsed a joint resolution regarding
the boundary line adjustment; and
Minutes of August 8, 1990
WHEREAS, the required boundary line adjustment documents were submitted as adve~sed
to the Circuit Court of Loudoun County and testimony was given in Court on June 29, 1990; and
WHEREAS, an agreed consent order endorsed by counsel for the Town, the Count)', and the
applicant was presented to the Court for entry that day but as of this time has not been signed by the
Court; and
WI-I~, the applicant has prepared final rezoning plans and notarized proffers for approval
as part of this application and in accordance with the conditions set forth by the AADP Joint Policy
Committee; and
WHEREAS, the proposed PRN zoning is consistent with the Town Plan goals and policies for
this area and is compatible with surrounding zoning and development; and
WHEREAS, this rezoning request is in the interest of public necessity, convenience, general
welfare, and good zoning practice; and
WHE~, the Town Council may not act upon #ZM-109, Edward's Landing until an order
approving the agreed boundary line adjustment is signed by the Court; and
WHEREAS, the August 8, 1990 Town Council meeting will be the last such meeting until
September 12, 1990; and
WHEREAS, the applicant's lender has demanded reassurance, in order to extend the financing
package presently in place, that the rezoning application will be favorably acted upon at the Town
Council's next regularly scheduled meeting following entry of the Court Order approving the boundary
line adjustment; and
WHEREAS, the applicant has requested a statement from the Town Council endorsing rezoning
application ~ZM-109 Edward's Landing and expressing intent to approve the application upon entry of
the Court Order to allay its lender's concerns:
THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That rezoning application #ZM-109, Edward's Landing by Pinnacle Development
Corporation is hereby endorsed and that intent to adopt an ordinance approving the rezoning
application, as proffered, following entry of the Court Order approving the boundary line adjustment
is hereby stated and acknowledged. Upon enactment, the ordinance approving the rezoning application
shall amend the Leesburg Zoning District Map from R-l, Residential to PRN, Planned Residential
Neighborhood subject to proffers dated June 5, 1990 (Revised), a copy of which is attached as Exhibit
A~ as it concerns the 154.59 acres identified as Loudoun County Tax Map Parcels 49-1F, 49-1H, 49-1I
and 49-1 to allow for development of a maximum of 407 residential units with a net density of 2.62
dwelling units per acre.
SECTION H. This resolution shall be effective upon its adoption.
Mr. Minor proposed a substitute resolution based on several events that have taken place
during the past few days. There is no court entry of the boundary line adjustment at this time.
Mr. Menchew, of Hazel, Thomas, Fiske, Beckhorn and Hanes representing the applicant,
addressed the Council. We think that the joint memorandum addresses the issue. The proposed
resolution is a non-binding resolution merely expressing intent to adopting the rezoning ordinance
subject to entry of the boundary line adjustment order by the court. The purpose in this is the current
economic conditions. The current lender for the project has requested some assurances that the project
is on an even keel and that it is moving along well.
Mrs. Welsh, Deputy Town Attorney, concurred with Mr. Menchew and said that we do not at
this time have the signed court order. She has reviewed the revised resolution and as s.'ated l,y Mr.
Menchew the resolution only indicates the Council's intent to rezone the prope~ ~ ~n:e this pr )perty
is in the town's jurisdiction. This is being done primarily as a comfort level for the lendzr.
Mayor Sevila explained that this document is not binding on the Town bat is an expression of
what we intend to do when the court acts on the decree that has been put before them by the County,
Town and the applicant.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mr. Lovin, seconded by Mrs. Forester, the following resolution was proposed and
unanimously adopted.
90-214 - RESOLUTION - RATIFYING THE AWARD OF THE TOWN OF LEESBURG, VIRGINIA,
$4,500,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1990
WHEREAS, the Town Council ("Council") of the Town of Leesburg, Virginia, ("Town") adopted
Minutes of August 8, 1990
a Resolution on July 11, 1990, ("Resolution"), authorizing the issuance and sale of the town's $4,500,000
General Obligation Public Improvement Bonds, Series 1990 ("Bonds"). A Preliminary Official Statement
and Notice of Sale with respect to the Bond~ have been prepared and distributed pursuant to the
Resolution, bids have been received for the purchase of the Bonds and the town manager has awarded
the Bonds to the bidder whose proposal results in the lowest true interest cost to the town in
accordance with the Resolution.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Ratification of Award. The Council ratifies the award of the Bonds to Craigie,
Incorporated and associates at the price and interest rates set forth therein and ratified the terms of
the Bonds as established pursuant to the attached Certificate as to Interest Rates.
SECTION II. Filing of Resolution. The appropriate officers and agents of the town are
authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County
of Loudoun, Virginia, pursuant to Section 15.1-199 of the 1950 Code of Virginia, as amended, and to
take such further action as they deem necessary regarding the issuance and sale of the Bonds and all
such actions previously taken by such officers and agents are ratified and confirmed.
SECTION III. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the Town Council of the Town of Leesburg, Virginia, certifies that
the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a meeting of
the Town Council of the Town of Leesburg, Virginia, duly called and held on August 8, 1990.
The resolution was adopted by a roll call vote of 7-0
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and
adopted.
90-215 - RESOLUTION - ENDORSING A REVISED URBAN LIMIT LINE
WHEREAS, the Loudoun County Planning Commission asked Leesburg and all Loudoun towns
to submit a proposed Urban Limit Line, which will be considered in preparing the County General
Plan; and
WHEREAS, the Town adopted a Resolution on June 13, 1990, approving a proposed Leesburg
Urban Limit Line for submittal to the Loudoun County Planning Commission for consideration and
incorporation in the General Plan and future area plans and approved a revised Urban Limit Line to
include land between the Town's 201 service boundary and Sycolin Creek; and
WHEREAS, Mr. Allen Poe of Re/Max Realty, representing eight landowners owning
approximately 40.62 acres of land south of Sycolin Creek and partially located within the LDN 65
airport noise overlay zone, has requested Leesburg's proposed Urban Limit Line be expanded to include
those properties:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The attached map showing the proposed Urban Limit Line is amended to include the 40.62 acre
parcel of land located south of Sycolin Creek and east of Route 643 and is approved for submittal to
the Loudoun County Planning Commission for consideration and incorporation in the General Plan and
future area plans.
Ms. Imhoff explained that the County Planning Cnmmission reviewed all of the Urban Limit
Lines (ULL) and forwarded a recommendation to the Board of Supervisors. The County Planning
Commission recommended a large modification to the ULL that the town proposed. They have
supported the area of Woodlea Manor that th~ towr. of-er, services to and the area north of Route 7
and west of Goose Creek. This is significan' ly ~lif 'ere ~t :'roi ~ what the '~)v'n proposed. Public hearings
will be scheduled in late September.
The Mayor asked if this was anomaly proposing an expanded ULL or is this the line that the
public hearings will be held on. Ms. Imhoff said the County will forward their recommendation to the
Board of Supervisors and the Board of Supervisors will hold public hearings based on the Planning
Commission's recommendation. Mr. Minor noted that these public hearings will be on the General
Plan itself not the ULL. If the Council believes that this is the appropriate ULL then the Council
should act to prove this. The County Planning Commission did dramatically reduce the ULL proposed
by the town in very critical areas including the Lee Business Center, which is already zoned and the
town is legally committed to serve with utilities. Also not included is the Kay property located west
of the Leesburg Airport, the town is on record telling the owner of the Kay property once the Toll road
is constructed the town would incorporate that property. These are two important concerns in the
ULL boundary proposed by the County Planning Commission.
Mr. Lovin said last week that he opposed the addition of this property within the Town's ULL.
He continues to support not including it in the ULL.
Ms. Bange explained that there were about eight residents living in this area that want to.be
considered into the ULL because this area will be considered light industry. The town should want
Minutes of August 8, 1990
control over this area. If the County has control some things could be built there that we might not
want to consider in that particular area. This is why we should give the~e residents the opportunity
for the County to include this into the ULL.
Mrs. Forester does not support this resolution and would like tc see the Council go forward
with the plan that was proposed originally. It is a very defensible plan for the proposed ULL. She
encouraged Mr. Poe and the other landowners to go to the County and plead their case. She feels
that by pleading this case the town may lose some of the more important cases and issues when it
comes to the ULL. The property east of the town boundary to Goose Creek and south of Route 7 is
an important area that should be looked into and defended at the Board of Supervisor's level at their
public hearings.
Mayor Sevila said he would vote for the resolution. He indicated some concern last Wednesday
about modifying the proposed ULL because he thought it might adversely affect the ULL that the town
was already proposing to the County Planning Commission. Having seen what the County Planning
Commission has already done to the ULL - that argument does hold weight anymore. There is a
certain logic to adding the Poe property, in that, it sort of follows the LDN contours and for that
reason might be more suitable to urban-type development that would be permitted ultimately within
the ULL.
Aye: Councilmembers Bange, Clem, Kimball, Webb and Sevila
Nay: Forester, Lovin
On motion of Mr. Clem, seconded by Mrs. Forester, the following resolutions were proposed
and unanimously adopted.
90-216 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
POTOMAC CROSSING SECTION lC SUBJECT TO CONDITIONS
WHEREAS, the Potomac Crossing Corporation, the developers of Potomac Crossing Section lC,
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 plus approved time extensions; and
WHEREAS, the letter of credit from United Savings Bank, provided by the Potomac Crossing
Corporation which guarantees the installation of public improvements in Potomac Crossing Section
1C, in the amount of $385,740.00 will expire on September 1, 1990; and
WHEREAS, a substitute performance guarantee in the amount of $385,740.00 may be provided
by the Potomac Crossing Corporation to guarantee installation of the remaining public improvements
for Potomac Crossing Section lC; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$385,740.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section
1C.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. In the event a substitute performance guarantee is provided from an institution,
other than United Federal Savings Bank, approved by the town's Director of Finance in the amount
of $385,740.00 and in a form approved by the Town Attorney, a time extension to October 1, 1990 for
the installation of public improvements in Section 1C is hereby approved.
SECTION II. In the event the public improvements in Potomac Crossing Section 1C are not
satisfactorily completed by August 31, 1990, as determined by the Director of Engineering and Public
Works or a substitute performance guarantee to satisfy Section I of this Resolution is not submitted
and approved by August 31, 1990, the Town Manager is hereby authorized to declare the developer
in default of its contract and the Manager is authorized to request )aymeut pursur.nt to the letter of
credit or other performance guarantee, and to enforce all terms of the contr, .ct for publi ir~provements.
90-217 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR IN ]TALI &TION OF PUBLIC
IMPROVEMENTS AND APPROVING i. FERFORMANCE ,]UARANq-EE FOR
POTOMAC CROSSING SECTION IF SUBJECT TO CONDITIONS
WHE~, the Potomac Crossing Corporation, the developers of Potomac Crossing Section 1F,
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 plus approved time extensions; and
WHEREAS, the letter of credit from United Savings Bank, provided by the Potomac Crossing
Corporation which guarantees the installation of public improvements in Potomac Crossing Section
IF, in the amount of $84,200.00 will expire on September 12, 1990; and
WHEREAS, a substitute performance guarantee in the amount of $84,200.00 may be provided
by the Potomac Crossing Corporation to guarantee installation of the remaining public improvements
for Potomac Crossing Section 1F; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$84,200.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section
Minutes of August 8, 1990
1F.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. In the event a substitute performance guarantee is provided from an institution,
other than United Federal Savings Bank, approved by the town's Director of Finance in the amount
of $84,200.00 and in a form approved by the Town Attorney, a time extension to October 1, 1990 for
the installation of public improvements in Section 1F is hereby approved.
SECTION II. In the event the public improvements in Potomac Crossing Section 1F are not
satisfactorily completed by September 11, 1990, as determined by the Director of Engineering and
Public Works or a substitute performance guarantee to satisfy Section I of this Resolution is not
submitted and approved by September 11, 1990, the Town Manager is hereby authorized to declare
the developer in default of its contract and the Manager is authorized to request payment pursuant
to the letter of credi$ or other performance guarantee, and to enforce all terms of the contract for
public improvements~
90-218 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
POTOMAC CROSSING SECTION 1G SUBJECT TO CONDITIONS
WHEREAS, the Potomac Crossing Corporation, the developers of Potomac Crossing Section 1G,
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 plus approved time extensions; and
WHEREAS, the letter of credit from United Savings Bank, provided by the Potomac Crossing
Corporation which guarantees the installation of public improvements in Potomac Crossing Section
1G, in the amount of $84,621.00 will expire on September 1, 1990; and
WHEREAS, a substitute performance guarantee in the amount of $84,621.00 may be provided
by the Potomac Crossing Corporation to guarantee installation of the remaining public improvements
for Potomac Crossing Section 1G; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$84,621.00 to guarantee installation of the remaining public improvements in Potomac Crossing Section
1G.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. In the event a substitute performance guarantee is provided from an institution,
other than United Federal Savings Bank, approved by the town's Director of Finance in the amount
of $84,621.00 and in a form approved by the Town Attorney, a time extension to October 1, 1990 for
the installation of public improvements in Section 1G is hereby approved.
SECTION II. In the event the public improvements in Potomac Crossing Section 1G are not
satisfactorily completed by August 31, 1990, as determined by the Director of Engineering and Public
Works or a substitute performance guarantee to satisfy Section I of this Resolution is not submitted
and approved by August 31, 1990, the Town Manager is hereby authorized to declare the developer
in default of its contract and the Manager is authorized to request payment pursuant to the letter of
credit or other performance guarantee, and to enforce all terms of the contract for public improvements.
Mr. Minor recalled at the last A&PW committee meeting there was considerable discussion of
Sections 1C, 1F and 1G. We share the concern of the developer, of the Council and the citizens of
Potomac Crossing over the Well publicized condition of United Savings Bank, now called United Federal
Savings Bank. The issue before the Council is whether to authorize a time extension for these sections.
Section lC and 1G expires on September 1, 1990, Section IF expires on September 12, 1990. The
developer is asking for a 30 day time extension. Staff is proposing, in the resolutions, to deny the
time extensions because the work force is not mobilized, there are no released funds to do this work
at this point and we are conc~ rned that addit;.onal time may prove that those funds will become less
available in the futur~ if ~e. fi~ ancial institution. ;ocs into some other control that would prohibit those
letters of credit pmce.,ds fr,~m ')eing 'elease~ to the town. Therefore, those time extensions are denied
unless substitute performance guar~ ntees, :o,~p(,rate surety bonds or other letters of credit from a
different financial ins itufion, ~nc that meets the agreement form approved by the town attorney and
one that meets the requirements of the Director of Finance, in terms of stability and strength is
submitted. Unless that is done then the extensions will not take place. If the work is not done within
this period the town will be able to receive those proceeds ff not then the town will have to assume
other positions to enforce in terms of our performance contract and public improvement contract with
the developer. Our concern is that over time things may get worse instead of better.
MS. Carolyn Olshaker, representing the Potomac Crossing Corporation, addressed the Council
stating that the work is not done and we have not yet been able to get any financing from the bank
or the status of our loan. Several meetings have been held and we are hopeful but do not know how
long it will take to receive a final answer. We have received a reading on the letters of credit and
when the RTC takes over an institution they are in the position to repudiate the contract and letters
of credit. They have made the decision not to do that in the case of Potomac Crossing. They will
honor the letters of credit and will extend them. Ms. Olshaker asked the Council for the extension of
time and appreciates the Council's time.
Mayor Sevila explained that the Resolution Trust Corporation (RTC) is not a receivership but
is a conservatorship that is assigned for the purpose of managing the bank's affairs during the credit
Minutes of August 8, 1990
crisis that this bank is e:q:.e~:iencing. The Mayor noted that Ms. Olshaker did not have anything, from
the bank, in writing saying that the town's letters of credit will be honored if demand is September 1
or September 12. We ar~ le~ in a position of doubt or concern. He asked if any kind of assurance
was obtainable for the Cc,~ncil. Our fear is a 30-day extension on each of these projects only puts the
town further back in the t;.ne of creditors that will be making demand on this bank. The town is
better served by making sure that we are as close to the front of that line as we can be on September
I and September 12. Ms. Olshaker said she understood the town's position on this and suggested since
there were two more weeks time, giving them the option of providing proper written assurance. We
are trying to get that written assurance. Ms. Olshaker understands that a final decision, by the bank,
will be made in a few days. The Mayor said that decision could potentially be to reject its
commitments to the developer to fund this project. Ms. Olshaker agreed. He said the decision could
also be to reject the obligations of USFB under the letters of credit to the town. Ms. Olshaker said she
was told this is not the case and that they would honor the letters of credit.
Mr. Clem said he has been a big supporter of Potomac Crossing in any of their needs but is
concerned that the town will be further down on the list to be repaid if anything goes wrong. It is a
genuine need to protect all of the citizens in the town. Mr. Clem asked Ms. Olshaker if there was any
hope of having some written assurance. Ms. Olshaker said yes, she hopes so. Mr. Minor asked what
would that written assurance mean. It may mean something the day it is issued and may mean
nothing six months later. Ms. Olshaker said that at this point we are not dealing with the United
Savings Bank, we are dealing with the Federal Government.
Mayor Sevila said that roughly there is about $554,000.00 for public improvements that are
bonded by these letters of credit. We have to follow the recommendation and advice of our staff which
is the best information that we have. He is not rejecting his confirmed belief in the developer's good
faith and attempts to secure the financing. He is not foreclosing the possibility that the developer can
get some assurance to the Council before September 1 that would be satisfactory and sufficient to cause
the town to meet in special session for the purpose of considering an extension. Without the necessary
assurance the Council must consider that any such extension of the current dates may jeopardize the
town's position. It is not just the residents of Potomac Crossing that we are concerned about but it
will also be the residents of the entire town that will have to pay the cost of these public improvements
if for any reason these letters of credit are rejected.
Anything that Ms. Olshaker comes back to the town with will be evaluated by the town staff
and legal counsel and report back to Council.
Mrs. Forester agreed with Mr. Clem and said we have been supportive of Potomac Crossing
and the Clemente family and their efforts in taking over this development. She hesitates to do this but
in the current financial situation we do not have any choice at this time. She encourages them, if they
have anything, to come forward by September 1.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mr. Clem, seconded by Mrs. Bange, item 10 (o) was referred back to the
Administration and Public Works Committee meeting of September 5, 1990.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and
unanimously adopted.
90-219 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR LOTS 7-12, BLOCK F, FAIRVIEW SUBDMSION
RESOLVED by the Council c~ the Town of Leesburg in Virginia as follows:
SECTION I The manager shall
improveme-~ts show~ on tl e plans ap[ roved
7-12, Blcck F, F~ irv~ aw S~ bd;visi~n.
execute the contract for public improvements for the
by the Director of Engineering and Public Works for Lots
SE, ',TION II. Th~ corporate surety bond in a form approved by the town attorney from
Selective Insurance Company in the amount of $16,914.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Lots 7-12, Block F, Fairview Subdivision.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mrs. Forester, seconded by Mr. Lovin, item 10 (aa) will be taken up after item
11 Executive Session.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
Mrs. Forester made the following motion:
Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Town Council of the Town
of Leesburg go into Executive Session. The authority for this Executive Session is found in Section 2.1-
Minutes of August 8, 1990
344(3) and 2.1-344(7), respectively, of the 1950 Code of Virginia, as amended. The public business
matters to be discussed are the status of the purchase negotiations related to the acquisition of Dodona
Manor for public purposes and consultation with legal counsel regarding nonconforming lots of record
and probable litigation relative thereto.
The Town Manager, Director of Finance, Director of Planning, Zoning and Development, Town
Attorney, Deputy Town Attorney, Zoning Administrator, Mr. Harrison, Ms. Keesee and Mr. Sanchez
are requested to remain for the meeting.
The motion was seconded by Mr. Lovin.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
Mrs. Forester made the following motion:
I move that the Executive Session be adjourned, that the Town Council of the Town of
Leesburg reconvene its public meeting and that the minutes of the public meeting reflect that no
formal action was taken in the Executive Session.
The motion was seconded by Mr. Lovin.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mrs. Forester; seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
90-220A - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF AUGUST 8, 1990
WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg
and in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does
hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully
exempted from open meeting requirements under the Freedom of Information Act were discussed in
the Executive Session to which this certification applies; and 2) only such public business matters as
were identified in the Motion by which the said Executive Session was convened were heard, discussed
or considered by the Town Council of the Town of Leesburg.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
Mrs. Forester made the following motion:
Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Town Council of the Town
of Leesburg go into Executive Session. The authority for this Executive Session is found in Section 2.1-
344(3), of the 1950 Code of Virginia, as amended. The public business mat~er to be discussed is the
status of the purchase negotiations related to the acquisition of Dodona Manor for public purposes.
The Town Manager, Director of Finance, Town Attorney, Deputy Town Attorney, Mr. Harrison,
Ms. Keesee, Mr. Pope, Mr. Hatrick and Mr. Sanchez are requested to remain for the meeting.
The motion was seconded by Mr. Lovin.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
Mrs. Forester made the following motion:
I move that the Executive Session be adjourned, that the Town Council of the Tov,n of
Leesburg reconvene its public meeting and that the minutes of the public meeting reflect that no
formal action was taken in the Executive Session.
The motion was seconded by Mr. Lovin.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
90-220B - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF AUGUST 8, 1990
WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg
and in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does
Minutes of August 8, 1990
hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully
exempted from open meeting requirements under the Freedom of Information Act were discussed in
the Executive Session to which this certification applies; and 2) only such public business matters as
were identified in the Motion by which the said Executive Session was convened were heard, discussed
or considered by the Town Council of the Town of Leesburg.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Sevila
Nay: None
On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and
adopted.
90-221 - RESOLUTION - AUTHORIZING AN EXTENSION OF THE OPTION AGREEMENT FOR
THE PURCHASE OF DODONA MANOR AND CONFIRMING THE PLEDGE OF
MUNICIPAL FUNDS TO ASSIST WITH ITS PURCHASE
WHEREAS, Dodona Manor represents one of the town's premiere historic, architectural and
environmental resources; and
WHEREAS, the Town of Leesburg on October 25, 1988, pledged $1,000,000 in general obligation
bond funds pursuant to Ordinance No. 88-0-35, as well as $409,000 from its utility fund, as a loan, for
the purchase of Dodona Manor; and
WHEREAS, the George C. Marshall Preservation Fund, Inc. was created to raise from private
sources the balance of the funds necessary to acquire the property, on behalf of the town; and
WHEREAS, the Council on May 23, 1989, authorized an option agreement for the purchase of
Dodona Manor which requires the exercise of the option by August 31, 1990, and settlement on the
purchase by September 30, 1990; and
WHEREAS, said agreement will likely expire without the necessary proceeds to exercise the
option and/or settle on the purchase of the property; and
WHE~, the owner of the property has offered to extend the period for the town to exercise
the option and settle on the property to March 31, 1991, in return for continued quarterly option
extension payments that will be applied to the purchase price; and
WHEREAS, this Council desires to authorize said extension and to reconfirm its pledge of
general fund and utility fund revenues to support the acquisition of Dodona Manor:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Mayor of the Town of Leesburg is authorized and directed to execute an
extension of the option agreement by and between Molly B. Winn and the Town of Leesburg, under
the same terms and conditions of the existing option agreement to require a payment of $215,000.00
to apply to the purchase price on February 28 to exercise the option agreement and settlement by
March 31, 1991, to include payment of the balance of the purchase price as set forth in the existing
option agreement.
SECTION II. This Council reconfirms Council Resolution No. 88-198, adopted October 25, 1988,
and its pledge of $1,000,000 from its previously issued general obligation bond funds as well as $409,000
from its utility fund toward the purchase of Dodona Manor. All funds received through the
preservation fund, or other fund raising mechanisms authorized to benefit Dodona Manor, in excess of
the balance needed to meet the purchase price, shall be paid forthwith to the Town of Leesburg to
reimburse the utility fund in the principal amount of $409,000.
Aye: Councilmembers Forester, Kimball, Lovin and Sevila
Nay: Bange, Clem and Webb
On motion of, and duly seconded, the meeting was adjourned.
Robert E. Sevila, Mayor
Town of Leesburg
Cler~ of Cohncil -~ (J