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HomeMy Public PortalAbout1992_11_10342 TOWN COUNCIL MEETING MINUTES OF NOVEMBER 10, 1992 A regular meeting of the Leesburg Town Council was held on November 10, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Georgia W. Bange SALUTE TO THE FLAG was led by students of Leesburg Elementary School. ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Utilities Randolph W. Shoemaker Director of Planning, Zoning and Development Michael Tompkins Planner Marilee Scigfried Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the minutes of the special meeting of September 15, 1992, and the regular meeting minutes of October 27, 1992, were approved as submitted. The special meeting minutes of October 26, 1992, were approved as corrected by Councilmember Umstattd. VOTE Aye: Nay: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None PROCLAMATIONS MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following proclamation was proposed and unanimously adopted. MOUNT ZION UNITED METHODIST CHURCH 125TH ANNIVERSARY ~, on November 15, 1992, the Mount Zion United Methodist Church will celebrate its One Hundred and twenty fifth anniversary; and ~'dt~, the Mount Zion United Methodist Church is the oldest continuing congregation in Virginia; and Mount Zion continues to be an integral part of the community; and ~, members of Mount Zion remain active in the community by feeding those in need, working with community youth, charities, education and local issues: "J~/~Olk~, ~'~ ~7 R~'~, that the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim November 15, 1992, as the One Hundred and twenty fifth anniversary of the 343 Mount Zion United Methodist Church and congratulate the congregation on its many contributions to the quality of life of the Town of Leesburg. VOTE Nay: Councilmembers Atwell, Bange, Blake, Trocino, Umststtd, Webb and Mayor Clem None Students of Leesburg Elementary presented the Town Council with a proclamation for American Education Week. CERTIFICATES OF APPRECIATION Mayor Clem presented Certificates of Appreciation to the Leesburg Day Break Rotary Club for sponsoring the 1st Annual Mini Grand Prix and to Mrs. Sachiko Flippo for translating a letter into Japanese. Mr. Ed Finnea~n addressed the Town Council thanking them for their participation with the students. 0 Leesburg Elementary School Vice Principal addressed the Council congratulating the third grade students and their teacher Mrs. Flippo. She invited the Council and the public to participate in American Education Week at Leesburg Elementary. Mr. Mark Gibb, representing the Northern Virginia Planning District Commission (NVPDC), addressed the Council about NVPDC. Mr. Gibb presented several documents to the Council. Ms. Umstattd, councilmanic representative to the NVPDC, stated that she is extremely impressed with the quality of staff at the NVPDC. Mr. Clem thanked Mr. Gibb for his statement and stated that the day of restructuring and the way in which the town does business, downsizing, consolidating of functions are upon us. "We cannot solve problems alone. We will have to unite and work together to come out of this economic downturn." Mr. Peter Dunning, representing the Special Events Committee, addressed the Council requesting an extension of the sixty day deadline for the committee to come up with recommendations to the Council. He requested an extension to February 9, 1993. Mr. Dunning presented a brief synopsis of the Special Events Committee. This statement is attached and made a part of the official record. MOTION On motion of Mr. Webb, seconded by Ms. Bange, an extension to February 9, 1993, is granted to the Special Events Committee. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Mr. Jim Kershaw, Co-Chair of First Night Leesburg, addressed the Council requesting a contribution from the Town of $2,500.00. Mr. Kershaw reviewed the 1992 budget for First Night Leesburg. This budget is attached and made a part of the official record. Ms. Umstattd questioned the First Night Registration fee of $500.00 and asked if this would be a yearly fee. Mr. Kershaw stated he believed this fee would be reduced to $50.00 each year. MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, this matter was referred to the November 19, Finance Committee for further consideration. Mr. Trocino stated that this is a worthy event and it is proper to forward this to the Finance Committee. -2- 344 Mr. Clem stated that First Night Leesburg has been established long enough that it may be eligible to obtain a policy to underwrite it's losses. Mr. Kershaw stated that he would look into this. VOTE Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Ms. Kathy Wilt, a resident of Leesburg, addressed the Council with regard to the proposed Patowmack Partners Power Plant and running water and sewer lines outside of Leesburg. She expressed many concerns including the following. Extending water and sewer lines to other residential communities outside of the town's corporate limits. Recent, substantial rate increases to Leesburg residents and additional increases in the future. What happens to the town's water and sewer capacity if water and sewer is extended outside of the town's limits? Who will pay for this? Will rate increases continue as they have for the last two years? Who will pay to have the lines run outside of town to these developments? Will the citizen's get anything out of this? Will a precedent be set if the town supplies water and sewer to two or three developments outside of the town's limits? Mayor Clem stated, "we have been premature by elevating that kind of information to the public. At the time it hit the public we had not even seen River Creek plans or Shenstone or a lot of the other things that you have read in the paper. It is a matter of courtesy that we review the county plans that abut town property. At that juncture we decide what we are going to do. We have not received anything on Shenstone. Yet I read in the paper that we have all but voted on it. That is so far down the pike that who knows what is going to happen. River Creek is another issue which is under review now as a matter of courtesy. If you look at the annexation agreements and other documentation we may find ourselves bound to be the provider of utilities to River Creek. However, through their development they will give the town easements for our sewer effluent and water to the Potomac River. All of this win be taken into advisement before any decisions are made. Comments will be sent to the county on what staff has found on River Creek. We are limited to what the town can say because it is a county plan." Mr. Brown offered an invitation to Ms. Wilt and the public to come in the town office to discuss these complex issues with either himself or Director of Utilities Randy Shoemaker. The county is holding public hearings on River Creek next week. Mayor Clem noted that public hearings on the Patowmack Power Plant are being held on November 11, at the Woods Recreation Center in Ashburn and on November 13, at the Sterl/ng M/ddle School. "If the town does supply water to any developments outside the town limits those developments would be required to do all the work. The town has not brought this to the table for discussion." Ms. Umstattd stated, "I don't think Ms. Wilt or anyone is being premature. There is a resolution on the agenda tonight on River Creek. It does address the water and sewer service to River Creek. It does say at no cost to the town which is a step in the right direction. On the power plant the town has been involved in negotiations of providing water and sewer service since 1988. There was a resolution to that affect last December." Mayor Clem acknowledged this and stated that if citizens have concerns about the power plant they should attend the scheduled public hearings. Ms. Umstattd stated that Woods Recreation Center is at the intersection of Ashburn Village Boulevard and Louisa Drive. The November 13, meeting is also at 7 p.m., at Sterling Middle School at the intersection of Sterling Boulevard and Holly Avenue. She encouraged citizens to attend both meetings. Mr. Trocino stated that it is incumbent upon the Council to help Ms. Wilt and others and to provide the answers to the questions. -3- 347 Ms. Bangs stated that the town is bound by certain agreements with the county. "We too are citizens just as you are and anything that impacts on you will impact on us and we certainly don't want that to happen to any of us. We feel very strongly about the very things that Ms. Wilt is talking about." Ms. Umstattd stated that the citizens have a right under the Freedom of Information Act (FO[A) to file a letter with the town to request that any time the Council meets on a subject of interest to a citizen that citizen should be informed along with the Council simultaneously when that meeting will occur. She encouraged anyone interested to file such a letter under the FOL~ With regard to Ms. Bange's comment Ms. Umstattd stated, "there are certain restrictions on what the town can do, however, in the Annexation Agreement it says the town's primary duty is to provide utilities to the town, not outside the town, and if at anytime our providing water or sewer service outside the town would jeopardize our ability to provide water or sewer within the town - my feeling is we might be in violation of that annexation agreement." Mr. Alton Echols, representing the Leesburg antique dealers, addressed the Council handing out a new map which these antique dealers sponsored and published along with about 60 businesses in the downtown area. He further described the map. Mr. Echols stated that the antique dealers are trying to secure a spot to hold flea markets and a large, annual Leesburg antique show. Ms. Umstattd questioned the amount of acreage and kind of facility that would be needed to hold a show for 60 antique dealers. Mr. Echols stated that the Douglas Community Center was the first choice because of it's dose proximity to the historic district. PUBLIC HEARING to consider Rezoning Application #ZM-135 and proffer amendment for Leesburg Gateway Lot 9C-2 by Double T Corporation Planner Marilee Seigfried addressed the Council presenting the staff report. She noted that the applicant Mr. Alton Echols was present to answer any questions. There was no public comment. Mayor Clem closed the public hearing. MOTION On motion of Mr. Webb, seconded by Ms. Bange, this matter was referred to the November 17, 1992, Planning and Zoning Committee agenda for further consideration. COUNCILMEMBER COMMENTS Ms. Bange expressed pleasure in seeing Mr. Ed Finnegan present at this evening's meeting. She wished Mr. Finnegan well. She thanked the students of Leesburg Elementary for their presentation of the National Education Week proclamation and congratulated Ms. Flippo for doing a great job. She was pleased to see Ms. Wilt come forward and express her concerns. She stated that she has been out of state for the past week and it was good to be home. Mr. Atwell had no comment. Mr. Trocino stated that the World War H Commemorative Committee is active and will meet this week. He invited the Council to attend and expressed appreciation of the efforts of the veterans of the town and the media's contributions. He referred to a letter received from Mr. and Mrs. Peter Chapelle, residents of Purcellville. The subject matter of the letter was addressed to Parks and Recreation Director Gary Huff regarding scholarships for Ida Lee Park. The question raised was whether the town would support people outside the corporate limits. He asked that Council consider this request. Intra-government relations are continuing with the county. A meeting is scheduled next week. He will -4- 348 continue to be the liaison with the Superintendent of schools. Ms. Umstattd stated, "last night at a special Town Council meeting the Council voted to find Janelle Aviation in default of it's lease with the Town. Janelle will be given five days to bring it's arrears into compliance with the agreement of the lease." Ms. Umstattd spoke to the Public Service Commission of Washington, D.C., and the proposed PaWwmack Powers Partners Plant (PPPP) has a contract with PEPCO - that power is to be sent to Washington, D.C., through a Maryland utility. It is not primarily for use in Virginia. According to the D.C. public service commission which has to approve any such contract they turned down approval of that contract in July of 1992. The grounds that ruling was issued under were that PEPCO could not justify it's need for power from an additional source such as the PPPP. PPPP filed a motion for reconsideration and that in turn was just turned down within the last couple of weeks by the public service commission. "I am somewhat skeptical of arguments that have been made to citizens of this town and county that there is a burning need for this plant when one of the regulatory agencies that is in charge of determining that fact has said there is no such need." She encouraged everyone to attend the public meetings. Mr. Blake is glad to hear that the Mini Grand Prix will be a yearly event. Mr. Webb stated that there has been a lot of misinformation regarding the PPPP, the annexation and extending the town's water and sewer system outside town limits. In the case of River Creek, if the town does provide water and sewer to this development 100 percent of the cost will be bared by the developer not the citizens of Leesburg. MAYOR'S REPORT Mayor Clem echoed Mr. Webb's comments. He stated that there has been some misunderstanding about funding of the airport. He stated that the antique publication produced by Mrs. Hart is outstanding. He thsnked the Leesburg Kiwanis Club for the successful Halloween Parade. He expressed concern with the danger at certain intersections. Children were getting too dose to the parade t~_ffic. He asked that next year the town look into this matter to prevent any possible accidents. He congratulated Leesburg Today for their fourth successful year in business. He thanked Public Information Officer Susan Farmer for all the work she does. Ms. Farmer compiled a packsge of promotional material for the Town of Leesburg which will be sent to Capital Hill. With the presidential election behind us and a new staff coming on board there will be several thousand jobs turned over and this is the town's opportunity to promote Leesburg. He received a letter today regarding suicide. "We are approaching the holiday season and unfortunately suicides go up. Be mindful of the people around you, your family and loved ones. If you start detecting something different from the norm don't hesitate to seek help. Don't wait because when you wait you may end up being the loser. We see a significant increase in suicides through the holiday seasons." MANAGER'S REPORT Mr. Brown highlighted a couple of issues in the Activity Report. He congratulated his son Christopher on his eleventh birthday today. He tbsnked the Council for helping with the Halloween Parade. LEGISLATION 11. (a) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. -5- 349 92-0-39 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE TO AUTHORIZE A 0 Z CHANGE IN THE SPEED LIMIT ON CATOCTIN CIRCLE, BETWEEN WEST MARKET STREET AND CHILDREN'S CENTER ROAD WHEREAS, citizens have requested an increase of the speed limit on Catoctin Circle between Dry Mill Road and West Market Street; and WHEREAS, the section of Catoctin Circle between Dry Mill Road and Children's Center Road is a Residential District and the current speed limit of 25 mph is the maximum allowed under Section 46.2-8?4 of the Code of Virginia 1950, as amended; and WHEREAS, an engineering and traffic investigation was conducted by the Town of Leesburg for Catoctin Circle between Children's Center Road and West Market Street, and based on the results of this study the speed limit could be increased to 30 mph. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-131 of the Town Code is amended to read as follows: Section 10-131. Speed Limits The maximum speed limits on streets within the town shall be 25 mph, or as prescribed in this section, and no person shall drive a motor vehicle in excess of such maximum limits. Upon the following streets within the town, between the points hereinafter indicated, the maximum speed limit shall be the speed hereinafter indicated and no person shall drive a motor vehicle between such points in excess of such maximum speed limit: (1) King Street: 45 mph from Balls Bluff Road to 450 feet north of Ida Lee Drive. (2) King Street: 35 mph from First Street to 300 feet south of Country Club Drive. (3) King Street: 45 mph from 300 feet south of Country Club Drive to the south corporate limits. (4) Edwards Ferry Road: 35 mph from Plaza Street to the east corporate limits. (5) Market Street: 55 mph from the east corporate limits to 320 feet east of Cardinal Park Drive. (6) Market Street: 45 mph from 320 feet east of Cardinal Park Drive to Route 15 Bypass (north entrance). (7) Market Street: 35 mph from Route 15 Bypass (north entrance) to 1000 feet east of Fort Evans Road. (8) Evergreen Mill Road: 35 mph. (9) Masons Lane: 35 mph from South King Street to Evergreen Mill Road. (10) Tolbert Lane: 35 mph from Evergreen Mill Road to 1000 feet east of Evergreen Mill Road intersection. (11) Tolbert Lane: 45 mph from 1000 feet east of Evergreen Mill Road intersection to Sycolin Road. (12) Lawson Road: 35 mph from Sycolin Road to 1200 feet east of Sycolin Road. (13) Sycolin Road: 45 mph from the Route 15 Bypass to the -6- 350 south corporate limits. (14) Route 7 Bypass: 55 mph exclusive of access ramps. (15) Route 15 and Route 7 Bypass: 55 mph exclusive of access ramps. (16) Route 15 Bypass: 55 mph exclusive of access ramps. (17) Catoctin Circle: 30 mph from Children's Center Road to West Market Street. SECTION II. The Manager shall dearly indicate by markers or signs the maximum speed limits established by this ordinance. SECTION III. All prior ordinance and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall be effective upon the placement of appropriate signs and markers indicating the maximum speed limits established herein. VOTE Aye: Councilmembers Atwell, Bange, Blake, Troeino, Umstattd, Webb and Mayor Clem Nay: None 11. (b), (c), id), (el, if), (~t), (h) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent items and unanimously adopted. 92-215 - RESOLUTION - AUTHORIZING PARKING ON THE WEST SIDE OF WIRT STREET ON SUNDAY'S AND EXTENDING LOADING ZONE HOURS ON MONDAY THROUGH FRIDAY WHEREAS, churchgoers park on the west side of Wirt Street in designated No Parking zones on Sunday; and WHEREAS, the day care center on Wirt Street has extended its hours: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Parking on the west side of Wirt Street between Loudoun and Market excluding the safety area near the intersections is hereby authorized on Sunday's only. SECTION II. The loading zone hours on the west side of Wirt Street are authorized to be extended to 2:30 P.M., Monday through Friday. 92-216 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR HARRISON II LIMITED PARTNERSHIP - VACATION OF LOT LINE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the vacation of the three boundary lines on property identified in the Loudoun County tax records as 48A((23))/2A, 3 and 4, and 48A((38))/6 located east of Harrison Street north and the W & OD bike trail. The parcel is zoned B-1 with H-1 overlay and is the future site of Morningside House. The applicant is requesting that the interior lot lines be vacated in order to create a single building lot that is in conformance with town regulations. Notification shall be published in the Loudoun Times Mirror on November 11, 1992 and November 18, 1992 for public hearing November 24, 1992, at 7:30 p.m. in the Council Chambers, 25 West Market Street. Leesburg, Virginia. 92-217 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION #8E-92-07 TACO BELL -7- 353 WHEREAS, the town is currently under contract with CH2M Hill Southeast, Inc., for design and construction engineering services relating to the upgrade and expansion of the Water Pollution Control Facility to a capacity of 4.85 MGD; and WHE~, CH2M Hill recently completed final design services and preparation of construction documents; and WHEREAS, a request for prequalification of bidders was issued November 2, 1992; and WHEREAS, amendment of the September 12, 1989 contract with CH2M Hill is necessary in order to proceed with construction phase services; and WHE~, CH2M Hill has submitted a contract amendment proposal on a cost plus fixed fee basis, detailing services to be provided by CH2M Hill during construction at an estimated cost of $1,775,859.00; and WHERFAS, the proposed engineering services cost is within programmed costs for the project: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized and directed to execute Contract Amendment No. 3 to the September 12, 1989 engineering services agreement with CH2M Hill Southeast, Inc., in a form approved by the town attorney, in the amount not to exceed $1,775,859.00 based on a nine hundred (900) day contract period for the Water Pollution Control Facility upgrade and expansion. DISCUSSION Mr. Webb expressed concern with the wording, "cost plus" contained in the resolution. He asked that "cost plus" be stricken and "not to exceed" be added. Mr. Shoemaker stated that there are two types of contracts, one is a lump sum fee contract or a cost plus fixed fee contract. This refers to the type of contract agreement. The Wwn is billed for direct costs for labor times a multiplier plus a fixed fee which is a profit margin. In this case it is set at 11 percent. The town is billed not on $1,775,000.00, but on labor costs plus a fixed fee of 11 percent which equates to about $175,000.00. What is not established up front is what the exact labor costs will be because we are billed according to the number of hours spent on the project. If this was a lump sum contract of $1,775,000.00, and the contractor completed the job in two years instead of two and one half years then the profit margin would grow. The contract contains a 900 day limit and a liquidated damages fee which will cover additional engineering services beyond the 900 days of the contract. Ms. Umstattd stated that there could be a contract that includes an incentive to the contractor to keep his costs down by letting the contractor take a slightly larger profiL She sympathized with Mr. Webb's comments. The town should put a lid on how much the town is going to have to pay. She would like to see a contract that did not permit overruns to come out of the town's taxpayer's hide. Mr. Shoemaker asked what type of contract is suggested. Ms. Umstattd stated that in the wording of Amendment 3 there is no upper limit of $1,775,000.00. Mr. Shoemaker stated that the $1,775,000, is an estimated fee based on the scope of services that are detailed in the contract amendment. The contractor is an enormous variable. Will he complete the project on time - will he be a litigious contractor, etc. The town needs to enter inW a professional agreement with an engineer so that the town can proceed with bidding. Ms. Umstattd stated that it doesn't matter to the town or taxpayers what side the additional cost comes on. Whether it's on the profit or cost it's still money out of the town's pocket. Ms. Shoemaker stated that the engineer's incentive is in his profit margin. If the contract goes beyond the estimated time of completion then the engineer may come back and ask to negotiate an additional profit. The engineer's incentive is to complete the project and earn a profit on the dollars spent on labor. -10- 354 Mr. Atwell stated the town cannot identify what the engineering cost is going to be until we know what the contractor is going to bid. Mr. Shoemaker stated that the town will not know what the engineering costs will be until the date the contractor reaches final completion. Mr. Atwell stated that the town might be interested in establishing some sort of bonus if the contractor completes the project in less than 900 days. Also some sort of disincentive would be agreeable if the contractor found it necessary to take more than 900 days to complete the project. Mr. Shoemaker stated that ff the contractor goes beyond the 900 days liquidated damages of $600.00 a day would be assessed. This would cover the town's additional cost for engineering services. Mr. Atwell asked if there would be any merit in asking the engineer to take the town through the bidding and contract award and then re-looking at the remainder of the engineer's contract based on the results of the construction contract bids. Mr. Dick Dyne, representing CH2M Hill, addressed Mr. Atwell's question by stating that we really don't know how a contractor is going to perform until the contract is essentially over. ff the town delays the approval of the engineer's contract until bid award time the town still won't know how the contractor will act in the field. His reputation may be good but it is a function of the people the contractor puts on the project. On a construction project we have the least control over. We are at the contractor's beckoned call to do what he needs to get the job built within the 900 days. The engineer's contract provides to work with the contractor through the contract period. If the contractor finishes early the engineer's costs would be less then what is currently in the contract but the profit would remain the same. If it takes the contractor 1000 days to complete the project the engineer's profit would remain the same but the costs would be more than what is in the contract because the engineer had no control over the contractor staying on the project an extra 100 days. This is why a cost plus fixed fee is best for the town and the engineer. Mr. Trocino stated that the cost overruns would be the town's not the engineer's. Mr. Dyne stated that the purpose of the liquidated damages clause is for the town to recover the additional cost of the engineer to be in the field. The intent is that the town would bill the contractor and recover the costs and in turn pay the engineers for the overrun. The net for the town would be zero. Ms. Umstattd stated that the engineer's cost overrun could be $2,000.00 a day so the town would not necessarily recover all of the cost. Mr. Dyne stated that CH2M Hill has calculated the $600.00 per day on the basis of past projects and feel this is adequate to cover having the engineer's inspector on the project the additional time. This contract is very typical in the industry. Ms. Umstattd stated that most of the tasking that the engineer is to perform is secretarial. Print and distribute documents, prepare advertisement for bids, prepare addenda, conduct a prebid conference, tabulate bidder's proposals. This is something the town is being asked to pay well over $1 million. Can CH2M Hill justify that price tag. Mr..Dyne stated that the majority of the work is secretarial in nature. Those tasks will occur in the bidding phase of the project and the value of that work is about $65,000.00 out of the total amount of the contract. Mr. Blake asked if the town pays for advertising of the contract. Mr. Dyne stated yes in the Washington Post - the actual running of the advertisement. The engineer publishes this in the Dodge Reports, etc. Mr. Blake stated with regard to liquidated damages, there is always a lot of extenuating circumstances as to why there is an overrun. No one is ever willing to take the blame of who is at fault - so there is a litigation. Suppose the contractor has 100 days of overrun and it goes to litigation and the court rules that the contractor is only entitled to 50 days but the town is billed for 100 days. Does the engineer expect the town to pay the difference of the 50 days? Mr. Dyne stated that it is difficult to answer a hypothetical question. The resolution of the problem is -11- 351 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider special exception application #SE-92-07 by Taco Bell for a Taco Bell fast food restaurant with a drive-through facility to be located within the Shenandoah Square Shopping Center. The property is in the northwest quadrant at Route 15 Bypass and Edwards Ferry Road and is zoned B-3. Notification shall be published in the Loudoun Times Mirror on December 30, 1992 and January 6, 1993 for public hearing January 12, 1993, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginis. 92-218 - RESOLUTION - CANCELLING THE DECEMBER 15, 1992, PIANNING AND ZONING AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETINGS AND THE DECEMBER 22, 1992, REGULAR TOWN COUNCIL MEETING RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: The December 15, 1992, Planning and Zoning and Administration and Public Works Committee meetings and the December 22, 1992, regular Town Council meeting are cancelled. 92-219 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR MORNINGSIDE HOUSE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Morningside House. SECTION H. The extension of municipal water and sewer for Morningside House is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION Ill. The corporate surety bond in a form approved by the town attorney from the Hanover Insurance Company in the amount of $78,239.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Morningside House. 92-220 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE MOBIL OIL SERVICE STATION AT 615 EAST MARKET STREET WHEREAS, Mobil Oil Corporation, the developer of the Mobil Oil Service Station at 615 East Market Street has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from Federal Insurance Company in the amount of $34,658.00 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $1,733.00 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. 92-221 - RESOLUTION - COMMENTING ON LOUDOUN COUNTY REZONING APPLICATION ZMAP 1989-0015, RIVER C .REEK WHEREAS, the River Creek Limited Partnership of Silver Spring, Maryland, has submitted rezoning application ZMAP 1989-0015 to the Loudoun County Planning Commission to rezone approximately 612.68 acres from County A-3 to PDH-24 at a net density of approximately 2.8 dwelling units per acre; and -8- 352 WHEREAS, this property is located within the Leesburg Area Management Plan (LAMP) area and is accordingly governed by the Annexstion Area Development Policies (AADPs); and WHEREAS, The AADPs provide for town review and comment of applications within the LAMP area; and WHEREAS, on October 13, 1992, the Council forwarded a favorable opinion of the proposed development separate from the rezoning review process; and WHEREAS, town staff has completed a review of this application; and WHE~, the Loudoun County Planning Commission has scheduled a public hearing for November 18, 1992, for this application; and WHEREAS, the Loudoun County General Plan shows the property as located within the Leesburg Urban Growth Area as appropriate for Residential Community uses; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following concerns are forwarded by Town Council to the County of Loudoun Planning Commission in consideration of ZMAP 1989-0015 River Creek: All roads, both internal and off-site, serving the site should comply with VDOT standards including the proposed Phase I transportation improvements which should be paved and improved to accommodate the projected traffic volumes; the transportation phasing plan should be amended to provide the off-site transportation improvements to support the project as outlined in the traffic impact study consistent with Town Plan and the Route 7 Corridor Study. ° The developer should provide a dear commitment to provide water and sewer service to this property at no cost to the town. The developer must bring the application into conformance with the Town Water and Sewer Master Plan unless an alternative consistent with the Town Code is agreed to by the town; Environmentally sensitive areas should be preserved in their natural state. The area along the Potomac River is proposed by the Northern Virginia Park Authority for continuation of the Heritage Trail along river. This should be incorporated into the plan. The applicant should provide a preliminary assessment of the stormwater management needs of the site. 6. The proffers should provide for reduced density in the event that all public improvements, proffered items and stermwater management cannot be provided. SECTION II. The manager is hereby directed to transmit a copy of this resolution. Furthermore, the Council's liaison is hereby authorized to appear to present this resolution to the Loudoun County Planning Commission. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 92-222 - RESOLUTION - APPROVING CONTRACT AMENDMENT NO. 3 WITH CH2M HIIJJ SOUTHEAST, INC., FOR SERVICES DURING CONSTRUCTION OF THE WATER POLLUTION CONTROL FACILITY UPGRADE/EXPANSION -9- 355 0 the responsibility of ourselves, as well as, the town and the contractor. If the settlement calls for 50 days then the cost repercussions of that would have to be settled between the three parties. The engineer is very interested in avoiding litigation. It is in the engineer's best interest, as well as, the town's to get this project built and in operation as quickly as possible - commensurate with a quality that the town is expecting the contractor to deliver. The engineer is interested in getting the best product for the town's expenditure. Mr. Trocino asked what is the realistic time line for dealing?. Mr. Shoemaker stated that time is of the essence. Once the town has prequalified bidders the bid advertisement will be limited only to those who have preqlm]ifled. Bids will be received in mid February. Mr. Webb suggested language "not to exceed". Mr. Trocino stated that he would be interested in having the project manager having an incentive within the contract to see that costs are at or below costs and come in at or below the time line. This contract really does not do it. The town could renegotiate it and add an incentive to the engineering firm, as the town's agent, the engineer understands dearly he has a reason for making this job move fast and at or under cost. Mr. Shoemaker asked what type of incentive does the Council want? Does the Council want a $100,000.00 bonus for completion prior to 900 days. Mr. Trocino stated that he did not want to negotiate that now but it is Mr. Shoemaker and Mr. Brown's job. Mr. Shoemaker stated that he was unclear on what type of incentive the Council would like to see in this contract. Mr. Atwell expressed concern with what has been discussed - liquidated damages, specifying number of days, etc. We are trying to get a feel for what will be the total cost on the engineering services. We cannot do that until we know what the contractor is going to bid - the number of days that the contractor is going to specify. Those number of days will govern what the engineer is going to bill the town for his services. Mr. Shoemaker stated that the contractor will work within the 900 days if not then the contractor will be assessed $600.00 a day in liquidated damages. This is collected by subtracting this amount from the contractor's pay requisitions. The town has total control over collection of the $600.00 per day. Mr. Atwell stated that what the Council would like to feel is a reasonable assurance at the top end of this engineering contract. "Could the town at the end of the bidding process have another estimate from the engineer as to what the completion date of the contract will be and the engineer's services? Mr. Shoemaker stated that the town could do that but he does not feel that there would be a change. The amount of $1,775,000, is a not to exceed amount - a fixed amount based on the engineer's estimate of their engineering services costs. Mr. Atwell stated that the Council might want to take another look at the wording in the contract that involves the 900 days, liquidated damages, etc. He suggested having the contractor specify the number of days in the bid for completion of the project. Mr. Shoemaker asked, what would happen if the town then received a construction contractor who submitted the lowest bid which is a requirement of the Virginia State Code and yet has submitted a five year completion date versus a contractor who submits a slightly higher bid but with a completion date of 2 and one half years? Mr. Atwell stated that his experience has been to award the contract to contractor based on his performance and the amount of time in addition to the dollar amount being bid, whether it is the lowest bid or not. Mayor Clem stated that he could see a bonus being paid to the contractor who is building the project. Mr. Blake questioned the lack of maintenance provisions by the engineer, after completion of the project, in the amendment. -12- 356 Mr. Shoemaker stated that start-up and training of the facility is included in the agreement. With the certification levels of the town's staff at the treatment plant and the experience of the town's personnel, an additional expenditure of $50,000.00 was not necessary for training already received from the state. CH2M Hill will have a resident engineer, on site, for two and one half years who will be an employee of the engineering firm but will represent the Town of Leesburg. After further discussion, the resolution was amended. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Nay: Councilmember Umstattd 9. (.i) MOTION Ms. Bange made a motion to turn off the left turn signal for a period of two weeks and request that VDOT re-evaluate the traffic pattern at this intersection. The motion was seconded by Ms. Umstattd. DISCUSSION Mr. Trocino expressed concern that turning offthe signal would cause more confusion particularly among pedestrians. Mr. Webb agreed with Councilmember Trocino. MOTION Ms. Bange amended her motion by asking that this matter be tabled for at least two weeks in order to re-evaluate the traffic pattern. The motion was seconded by Mr. Webb. DISCUSSION Ms. Umstattd stated that she would be opposed to tabling this matter until guaranteed the turn off of the left turn arrow in the interim. "I think we have a public safety problem at that intersection. We have had one for quite some time but I believe that the left turn arrow made it worseF Ms. Bange agreed. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb, Mayor Clem Nay: Councilmember Umstattd MOTION Ms. Bange made a motion to turn off the left turn light for a period of time to re-evaluate the traffic pattern. The motion was seconded by Ms. Umstattd. DISCUSSION Mr. Webb stated that by turning the light off will only confusion people. Most pedestrians are getting accustom to the light. He agreed that the intersection should be re-evaluated. Ms. Umstattd stated that it is more important to protect lives and safety then to provide convenience in the town. -13- 357 Mr. Trocino stated that one possibility is to provide an all red/an walk and all green/no walk situation. He agreed with Mr. Webb stating that if the light is turned off it will only confuse/people. VOTE Nay: Councilmembers Bange, Umstattd Atwell, Blake, Trocino, Webb and Mayor Clem 9. MOTION On motion of Mr. Atwell, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 92-223 - RESOLUTION -MAKING AN APPOINTMENT TO THE ECONOMIC DEVELOPMENT ADVISORY COMIVIISSION WHERFAS, a vacancy was created on the town's Economic Development Advisory Commission by the resignation of Lee Wall: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Mr. Gary Barnes is appointed to the Economic Development Advisory Commission to fill the unexpired term of Lee Wall. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 9. 0~ MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted. 92-224 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING WATER AND SEWER EXTENSION PERI~TS FOR LEESBURG GATEWAY LOT 1 WHEREAS, the construction drawings and final plat for Leesburg Gateway Lot 1 have been approved; and WHEREAS, the developer, Double T Corporation, wishes to proceed with installation of the public improvements without providing a performance guarantee; and WHEREAS, the final subdivision plat for Leesburg Gateway Lot 1 cannot be recorded until all the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided by the developer. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shall execute the contract for public improvements with Double T Corporation for the improvements shown on the plans approved by the Director of Engineering and Public Works for Leesburg Gateway Lot 1. SECTION II. The extension of municipal water and sewer for Leesburg Gateway Lot 1 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. DISCUSSION Ms. Umstattd stated that she is opposed to this for fear it would set a precedent. The representative from Double T Corporation was candid about the fact that he saw Pulte get this kind of treatment. She opposes this policy and win vote against the resolution. -14- 358 Mr. Trocino stated that this was a popular method of construction of public utilities in the 1970's when bonding became significantly inexpensive. This is a method of construction for what is now a significant expense. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Nay: Councilmember Umstattd NEW BUSINESS MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 92-225 - RESOLUTION - AUTHORIZING THE TEMPORARY DISPLAY OF A BANNER FOR THE HOLIDAY ARTS AND CRAFTS SHOW WHE~, the Parks and Recreation Department is sponsoring a Holiday Arts and Crafts Show at Ida Lee Recreation Center on December 5-6, 1992; and WHE~, the event will involve more than 100 vendors and 3,000 participants; and WHEREAS, the event will be an asset to the town's economic development efforts; and WHE~, the Parks and Recreation Department has requested Town Council permission to temporarily display a 12 foot by 3 foot banner at the eastern entrance to town to promote the event: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Authorization is hereby granted for the temporary display of a banner along East Market Street to promote the Holiday Arts and Crafts Show, December 5-6 at Ida Lee Recreation Center. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. 92-226 - RESOLUTION - GtL~NTING PERMISSION TO THE NATIONAL TRUST FOR HISTORIC PRESERVATION TO REPRINT A DRAWING FROM THE H-2 DESIGN GUIDELINES WHE~, the National Trust For HisWric Preservation is a national organization whose mission is to foster an appreciation of the diverse character and meaning of American cultural heritage and to preserve and revit~li~.e the livability of our communities by leading the nation in saving American's historic environments; and WHEREAS, the National Trust has requested permission to reprint a drawing from the H-2 Corridor Design Guidelines to illustrate creative solutions to addressing problems of urban design in America; and WHEREAS, the publication of the design guidelines in a national booklet, entitled the Information Series, would promote the urban design initiatives of the Town of Leesburg as well as enhancing the prestige of the Town; and WHEREAS, no portion of the H-2 Design Guidelines may be reproduced without prior written permission of the Town of Leesburg as stated in the guidelines document. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: -15- 359 Permi~ion is granted to the National Trust for Historic Preservation for reprinting portions of the H-2 Design Guidelines in their publication subject to giving the appropriate credit to the Town. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None MOTION On motion of Mr. Blake, seconded by Mr. Webb, the meeting was adjourned at 10:45 p.m. Clerk of Cbuncil v · Clem, Mayor Town of Leesburg -16-