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HomeMy Public PortalAbout1993_07_27 TOWN COUNCIL MEETING MINUTES OF JULY 27, 1993 A regular meeting of the Leesburg Town Council was held on July 27, 1993, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Vice- Mayor Webb. INVOCATION was given by Vice-Mayor Webb. SALUTE TO THE FLAG was led by Councilmember Trocino 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 (Absent) STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Manager Peter Stephenson Director of Engineering Thomas A. Mason Zoning Administrator Scott Johnson Deputy Town Attorney Deborah Welsh APPROVAL OF MINUTES MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the regular meeting minutes of July 13, 1993, were approved as written. DISCUSSION Councilmember Blake stated that petitioner Anita Groupe's comments regarding manufactured housing were omitted from the July 13, 1993, Council minutes. After research by the Clerk of Council, Mrs. Groupe presented her comments regarding manufactured housing at the Planning and Zoning Committee meeting of July 6, 1993. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem CERTIFICATES OF APPRECIATION Vice-Mayor Webb presented Certificates of Appreciation to Dr. and Mrs. George Poehlman. PETITIONERS Mrs. Sherry Trocino, representing Shenandoah University addressed the Council regarding the upcoming seminar sponsored by the town's EDAC commission and Shenandoah University. The seminar is entitled "Economic Revitalization for the Town of Leesburg Where Do We Go From Here". Mrs. Trocino reviewed the seminar's agenda and noted there was no charge. PROCLAMATION/RESOLUTION OF RESPECT MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following proclamation was proposed and unanimously adopted. PROCLAMATION National Night Out August 3, 1993 WHEREAS, the National Association of Town Watch is sponsoring a unique nationwide crime and drug prevention program on August 3, 1993, called "National Night Out"; and WHEREAS, the 10th Annual National Night Out provides an opportunity for Leesburg to join forces with thousands of other communities across the country in promoting cooperative, police-community crime and drug prevention efforts; and WHEREAS, the Leesburg Crime Prevention Council plays a vital role in assisting the Leesburg Police Department through joint crime and drug prevention efforts in Leesburg and is supporting National Night Out 1993 locally; and WHEREAS, it is essential that all citizens of Leesburg be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime and drug abuse in Leesburg. THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim Tuesday, August 3, 1993, as National Night Out in Leesburg and encourage all citizens to support the effort by turning on their outside lights and gathering outside with their neighbors from 6:30-8:30 p.m. at Carrvale Park or in their individual neighborhoods. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and unanimously adopted. RESOLUTION OF RESPECT C. A. ENGLISH COLE and WHEREAS, C. A. English Cole, born September 3, 1919, was a lifelong resident of Leesburg; and WHEREAS, "English", as he was known, lived his entire life at 417 South King Street in Leesburg; WHEREAS, English served the Town of Leesburg with distinction and dedication as a Councilman from 1963 to 1967; and WHEREAS, English worked closely with Mayor Kenneth Rollins in establishing the town's water treatment plant on the Potomac River; and WHEREAS, English worked as an estate conservationist from 1951 until his death on July 25, 1993: THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to his family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his wife, Elizabeth Cole. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem PETITIONERS Ms. Linda Pretty, a resident of Phillips Drive, N.W., addressed the Council regarding dog related complaints. Ms. Pretty made suggestions for amending the town's ordinance with regard to barking dog complaints. This matter was referred to the Administration and Public Works Committee of August 3. 7/27/93 -2- Mr. Lawrence Kelly, a resident of 404 Edwards Ferry Road, N.E., addressed the Council with regard to the extension of Catoctin Circle to Edwards Ferry Road. He expressed support of the proposed through truck prohibition on Edwards Ferry Road. He asked that the Council reconsider their decision to extend Catoctin Circle to Edwards Ferry Road. He stated that there have been no traffic studies performed for this road, with the exception of a town-conducted traffic study in 1984. 'Since 1984 the town has nearly doubled in size. Plaza Street did not go aH the way to BattlefieldParkway - now it does. Giant, WalMart and Hechingers have all been built. The proposed county government complex should also be considered. The 1984 numbers are relatively useless and totally outdated.' He asked that the Council defer any decisions on the extension until traffic studies are done. ~l~ne 1986 Town Plan is outdated and inaccurate. It is currently under review by the town's Citizens Advisory Committee (CAC) who has recommended that this connection not be made and that Catoctin Circle be connected to Plaza Street.' He asked that the Council consider the recommendation of the CAC. If the extension is made it should be made when the extension can be made all the way to Battlefield Parkway. The Council should wait to see what the County will do with regard to the proposed county complex. The Council should contact VDOT to determine if the two road improvements can be divided. Mr. Kelly asked that the Council include the Edwards Ferry Road residents in the design of any extension to Catoctin Circle and the widening of Edwards Ferry Road. Ms. Patricia Calahan, owner of 21 North King Street and a corporate attorney, addressed the Council in opposition to the manufactured housing proposal. She stated that business adds the essence of the tax base in any community. Small towns are rezoning to commercial to attract more business rather than zoning to residential. They also try to establish a plan that will allow people to work within their communities rather then having a bedroom type community. "The goal of any Council should be to provide jobs and business opportunities within the community for it's residents.~ She asked that the Council not chip away, in a piece meal fashion at the options that allow this community to be able to grow and continue to be vital in the future. She asked that the Council look at an economic impact study when any type of deviation from a set plan is made. She asked that the petitioner be required to come up with an economic and environmental impact study before any decision is made by the Council. Mr. Ronnie Sutpin and Mr. Bradley Kidwell, members of a local bass club addressed the Council with regard to the installation of a public boat ramp on the Potomac River. Mr. Sutpin stated that he has contacted the State of Virginia with regard to this matter and that grant funds are available up to $50,000.00. Councilmember Blake asked if there was a required distance between boat ramps? Mr. Sutpin stated no. Mr. Brown stated that staff will look into this. Councilmember Umstattd, with regard to Mr. Kelly's comments, requested that the Council form an ad hoc citizens committee for the extension and widening of Catoctin Circle/Edwards Ferry Road. Mrs. Cathie Wilt, a resident of 503 Saber Court, addressed the Council with regard to the proposed manufactured housing project. She stated that she appreciatesMr. Frenzel's desire to make profit on his piece of land. She stated that she hopes that a usage for that land can be found which will benefit Mr. Frenzel and at the same time will not be detrimental to the Town of Leesburg. Mrs. Gloria Rickel, a resident of Route 1, Box 120 Aldie, Virginia, addressed the Council in support of the proposed manufactured housing project. Ms. Lynda Kemp, a resident of Adams Drive, N.E., addressed the Council requesting the Council take the time to reconsider the proposed Catoctin Circle extension. Ms. Mary Bright, a resident of 710 Edwards Ferry Road, addressed the Council requesting that the Council reconsider the Catoctin Circle extension. Ms. Alicia Wilson, a resident of Potomac Crossing addressed the Council expressing her understanding of the Edwards Ferry Road resident's concerns. Ms. Wilson stated that she thought the proposed manufactured housing project was a done deal. She strongly urged Mr. Frenzel to consider a business on this property. She asked that the Council not rezone the property. Mr. Scott McDonald, a resident of Edwards Ferry Road, addressed the Council in opposition to the Catoctin Circle extension. He expressed concerns of urbanizing the Town of Leesburg, the traffic impact this extension would have on Edwards Ferry Road and destruction of the charm of Edwards Ferry Road. He stated that there are no residents in favor of this extension and that only businesses/business owners are in favor of it. He pointed out that there have been 3 traffic lights installed on Edwards Ferry Road within the past three years. Ms. Patricia Calahan., addressed the Council stating that manufactured homes could not withstand the wind 7/27/93 -3- force from hurricanes. The Council must be well aware of the safety factor, particularly for elderly citizens. those who have limited mobility, who might be ill, who might be on medication and not as able to get around. The Council should look into these standards. She stated that she has had a lot of experiencewith retirement communities, retirement policy, health issues, etc. "There is a tremendous need with retirees for ancillary services. They need to be close to medical services. This is not being provided in the proposed location. This does not resemble any type of retirement community that I have ever seen." She suggested the Town Council get information from experts regarding retirement communities. Mr. Steve Schutt, a resident of 404 Edwards Ferry Road, addressed the Council in support of all of the comments made this evening regarding the extension of Edwards Ferry Road. He invited the Council to make a site visit of Edwards Ferry Road to visualize what the extension and widening would do the Edwards Ferry Road neighborhood. Stone walls, several large trees, old boxwoods would have to be removed. He expressed his opposition to the extension. A resident of 319 Edwards Ferry Road, addressed the Council adding his support to the previous speakers and expressing his opposition to the proposed extension. Mr. William Mulokey, a resident of 312 Edwards Ferry Road, addressed the Council supporting the comments made by the previous speakers with regard to the proposed extension. Mr. Brown stated that the proposed Catoctin Circle extension project has been in the town's request for urban system funds since 1979. It has been required through a contractual agreement with a property owner and local business that the town continue to request funding for this project every year. The Town Council has agreed to request that funding every year since 1979 and now the funding has been made available. The Council and staff will work very hard to involve the citizens as much as possible during the course of both of the projects. In the event the town would withdraw funds from this project or withdraw authorization from this project, the town would be in violation of the contractual agreement with the property owner. Mr. Mason addressed the Council stating that the agreement dates back to the 1970's. There are ciear resolutions agreeing to locations and right-of-way and other elements pertaining to the construction of Catoctin Circle from Market Street to Edwards Ferry Road. This formed the basis for the understanding between the town and the property owner. In 1985/86 when Catoctin Circle was extended from E. Market to the current cul-de-sac there was a lengthy agreement negotiated with the owners of this property and another property owner in exchange of land - the town's old Potter's Field was involved in a land exchange as well as consideration from all parties for payment of the construction cost of the road that is currently there. The agreement goes on to address the dedication of right-of-way and the payment for the construction of the Catoctin Circle extension. Ms. Umstattd stated that she would like to see a workshop conducted for the citizens on Edwards Ferry Road along with Councilmembers and staff. She also asked, if approved by the town's legal counsel, that the residents be provided with copies of any legal agreements. MORON Councilmember Umstattd made a motion that the Council reconsider the widening of Edwards Ferry Road if it is the wish of the citizens. The motion died for lack of a second. Mr. Kelly asked that the citizens be allowed to provide their comments before widening or adding an asphalt walkway to Edwards Ferry Road. Mr. Brown stated that he would go over the entire project, in detail, with the citizens. Mr. Trocino stated that the two projects, the widening and the extension, should be separated. Mr. David Frenzel addressed the Council stating that the petitioners section of an agenda is not a good time to debate an issue. He stated that he is very interested in all the comments made tonight regarding the proposed manufactured housing project. He stated he is not asking for approval of the project tonight. There was no one present for "Open for Business". COUNCILMEMBER COMMENTS Mr. Blake expressed concern with the lack of mowing and maintenance of properties in the town, specifically the mowing at the airport. He also pointed out that some of the sidewalks in the town are raised 2" to 3" and are in need of repair. Ms. Umstattd pointed out that donations are being accepted at 2 - 5 Loudoun Street for the midwest flood relief efforts. Ms. Umstattd mentioned the town's lack of a tree ordinance. She pointed out that the Code of Virginia authorizes the town to have a tree ordinance that would require developers to replace trees that are taken down. The Code of Virginia also implies that the town has the authority to preserve certain trees if designated on the site plan. She suggested that staff contact the town's General Assembly representatives and ask that they introduce legislation to beef-up the town's ability to preserve our trees. Ms. Umstattd acknowledge reference material she received from the NVPDC. She pointed out that the town's planning policies disagree with Loudoun County's, etc. This is a good starting point for discussion between jurisdictions. Mr. Trocino stated that the town's WWII Committee is planning a fall event where an exhibit of WWII aircraft will be displayed at the Leesburg airport and also a big band concert is planned. Mr. Atwell agreed with Mr. Blake's comments. He stated that the Finance Committee would look with favor upon seeing what could be done to provide funds to improve the landscaping this fall. Ms. Bange stated, with regard to the Edwards Ferry Road issue, that the Council has to preserve the integrity of the entire town. She stated that she will not financially gain from this project. She stated that she could have closed the parking lot to her business 20 years ago but did not because she is interested in the entire town and will continue to be. She expressed amusement that a former councilmember who voted in favor of the extension of Catoctin Circle is now speaking against the project. MANAGER'S REPORT Mr. Brown stated that he and Vice-Mayor Webb met with the finance committee of the Board of Supervisors to discuss the proposed county complex. A public hearing is scheduled for August 12, at 7 p.m., in the County Board of Supervisor's room. With regard to Mr. Blake's comments, Mr. Brown pointed out that the town is now feeling the affects of the reduction in expenditures in the public works department. He expressed his appreciation to the public works department for their efforts during clean-up after the tornado. He pointed out that the proposed tree ordinance will be on the August 3, Planning and Zoning Committee. Mr. Trocino congratulated Mr. Brown for his presentation to the exchange students from Puerto Rico. MAYOR'S REPORT Mr. Webb reported on the visit from the 4-H Exchange students from Puerto Rico. LEGISLATION 10. (a) MOTION On motion of Ms. Umstattd, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 93-0-26 - ORDINANCE - READOPTING SECTION 10-2 OF THE TOWN CODE TO CORRESPOND WITH TITLE 46.2 OF THE CODE OF VIRGINIA, AS AMENDED THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-2 of the Town Code is hereby readopted as follows: Sec. 10-2. Adoption of state law. All of the provisions and requirements contained in Chapter 8, Articles 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17 and 18, Chapter 10, Articles 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of Title 46.2 Subtitle III of the Code of Virginia, as amended, presently in effect, to the extent that such provisions are not included in this code, except those which by their very nature can have no application within the municipality, or which the violation thereof constitutes a felony, are incorporated and made by reference a part of this chapter as fully as though set out herein, and are hereby made applicablewithin the municipality. It shall be unlawful for any person, within the municipality or its jurisdiction to violate or fail, neglect or refuse to comply with any section of the code of Virginia which is adopted by this section. SECTION II. The penalties applicable to said violations are hereby incorporated. 7/27/93 -5- SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem MOTION On motion of Ms. Umstattd, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 93-0-27 - ORDINANCE - READOPTING SECTION 10-97 OF THE TOWN CODE TO CORRESPOND TO SECTION 18.2-266 et. seq. OF THE CODE OF VIRGINIA, AS AMENDED, AND PRESENTLY IN EFFECT THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-97 of the Town Code is hereby readopted as follows: Section 10-97. Driving while under the influence of alcohol or drugs; adoption of current state law. Article 2, Chapter 7, of Title 18.2, Sections 18.2-266 et. seq. of the 1950 Code of Virginia, as amended, and presently in effect is hereby adopted and made a part of this chapter as fully as though set out herein, and specifically, but not exclusively, Sections 18.2-266; 18.2-267; 18.2-268.1 through 18.2-268.12, 18.2-269, 18.2- 270, 18.2-271.1 and 18.2-272 of the said Code of Virginia. SECTION II. The penalties applicable to said violations are hereby incorporated. SECTION III. All prior ordinances and resolution in conflict herewith are repealed. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem 10. (f). (k). (m). (n), (o) MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolutions were proposed as consent and unanimously adopted. 93-142 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR CROSSROADS BAPTIST CHURCH WHEREAS, Crossroads Baptist Church, the developer of the Crossroads Baptist Church, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $18,611.00 from the Bank of Loudoun was provided by the developer to guarantee the installation of public improvements for the Crossroads Baptist Church; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $18,611.00 to guarantee installation of the remaining public improvements for the Crossroads Baptist Church. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one year for the installation of public improvements is hereby approved for the Crossroads Baptist Church. SECTION II. The letter of credit from the Bank of Loudoun in the amount of $18,611.00 is approved to guarantee the installation of public improvements for the Crossroads Baptist Church. 7~7~3 -6- 93-143 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL PROHIBITING THROUGH TRUCKS ON EDWARDS FERRY ROAD AND SOUTH STREET UNDER SECTION 46.1-171.2 OF THE CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of a public hearingwith the Town Council to consider prohibiting through trucks on Edwards Ferry Road from East Market Street to Plaza Street and on South Street from Church Street to Harrison Street. The public hearing shall begin at 7:30 p.m., September 14, 1993, in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The Clerk shall publish notice of this hearing and the Council's intention to consider this through truck prohibitions. 93-144 - RESOLUTION - APPOINTING ROY D. OTr TO THE TOWN'S CABLE COMMISSION WHEREAS, Cable Commission member Clifton Vaughan tendered his resignation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Roy D. Ott is appointed to the Cable Commission to fill the unexpired term of Clifton Vaughan which is June 30, 1995. 93-145 - RESOLUTION - MAKING APPOINTMENTS TO THE TOWN'S ENVIRONMENTAL ADVISORY COMMISSION WHEREAS, EAC member Michael Banzhaf tendered his resignation effective June 30, 1993: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Mr. Jim Dorsey is appointed to the EAC to fill the unexpired term of Michael Banzhaf which is June 30, 1994. SECTION II. Mr. Charles Forbes is appointed to the EAC for a two year term to expire June 30, 1995. 93-146 - RESOLUTION - REAPPOINTING MEMBERS AND MAKING APPOINTMENTS TO THE TOWN'S PARKS AND RECREATION ADVISORY COMMISSION WHEREAS, the terms of office of Parks and Recreation Advisory Commission members Dan McAuliffe, Terrance Young and Jane Fellows expired on June 30, 1993; and WHEREAS, Chairman Kenneth Robinson tendered his resignation effective July 31, 1993; and WHEREAS, Dan McAuliffe, Terrance Young and Jane Fellows were contacted to seek their desire for reappointment; and WHEREAS, Terrance Young and Jane Fellows expressed a desire to be reappointed: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Terrance Young and Jane Fellows are reappointed to the Parks and Recreation Advisory Commission for two year terms to expire on June 30, 1995. SECTION II. John Elgin is appointed to the Parks and Recreation Advisory Commission for a two year term to expire on June 30, 1995. SECTION III.John La¥cock is appointed to the Parks and Recreation Advisory Commission to fill the unexpired term of Kenneth Robinson which expires on June 30, 1994. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem 10. (d). (e). (g). (h), (i), ti) MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolutions were proposed and adopted. 7/27/93 -7- 93-147 - RESOLUTION - APPROVING THE RELOCATION OF A STORM DRAIN EASEMENT IN THE STONEGATE SUBDIVISION, TAX MAP 48X ((2)), PARCELS 71 & 72 WHEREAS, the Stonegate Subdivision is under construction pursuant to construction drawings drawings reviewed and approved by the Town of Leesburg; and WHEREAS, the installation of the storm drain pipe and the storm drain easement on Lots 71 and 72 are not located in accordance with the approved construction drawings; and WHEREAS, a portion of the house on lot 71 now encroaches approximately three (3) feet into the existing fifteen (15) foot wide storm drain easement; and WHEREAS, Trafalgar House Property, Inc., owner of the Stonegate Subdivision, has requested that the easement be relocated to be clear of the house construction; and WHEREAS, the relocated easement will still enclose the pipe and allow for maintenance, repair and replacement of said storm drain pipe: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The relocation of the storm drain easement as shown on Plat #RP-2191, prepared by Huntley, Nyce and Associates, Ltd., dated July 15, 1993, is hereby approved. 93-148 - RESOLUTION - CANCELLATION OF THE CONTRACT FOR PUBLIC IMPROVEMENTS WITH TRAFALGAR HOUSE FOR GREENWAY FARM REGIONAL STORMWATER MANAGEMENT POND AND RELEASE OF THE PERFORMANCE GUARANTEE WHEREAS, Council Resolution 92-196, adopted on October 13, 1992, authorized an agreement and approved a performance guarantee for the Greenway Farm Regional Stormwater Management Pond; and WHEREAS, the developer provided a corporate surety bond from the American Home Assurance Company in the amount of $1,454,500.00 to guarantee the installation of all the public improvements for the Greenway Farm Regional Stormwater Management Pond; and WHEREAS, Trafalgar House and the town have decided to build Phase 1 of the Greenway Farm Regional Stormwater Management Pond; and WHEREAS, the developer is proposing to provide a new performance guarantee in the amount of $760,000 to guarantee installation for all of the public improvements planned for Phase I of the Greenway Farm Regional Stormwater Management Pond; WHEREAS, this reduced bond amount is sufficient to cover Trafalgar's stormwater management obligations for the Greenway Farm Planned Development; and WHEREAS, the developer has requested that the current contract for installation of public improvements for the Greenway Farm Regional Stormwater Management Pond be cancelled, and the corporate surety bond in the amount of $1,454,500.00 be released contingent upon receipt of a new contract and performance guarantee for the Greenway Farm Regional Stormwater Management Pond Phase 1. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The current contract for installation of public improvements for the Greenway Farm Regional Stormwater Management Pond will be cancelled when the new contract and performance guarantee for the Greenway Regional Stormwater Management Pond Phase 1 are executed and in effect. SECTION II. The corporate surety bond from the American Home Assurance Company in the amount of $1,454,500.00, which guarantees the installation of public improvements for the Greenway Farm Regional Stormwater Management Pond, will be released when the new contract and performance guarantee for the Greenway Farm Regional Stormwater Management Pond Phase 1 are executed and in effect. 93-149 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR GREENWAY FARM REGIONAL STORMWATER MANAGEMENT POND PHASE 1 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 Greenway Farm Regional Stormwater Management Pond Phase 1. 7~7~3 -8- SECTION II. The corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $760,000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Greenway Farm Regional Stormwater Management Pond Phase 1. 93-150 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE SHENANDOAH SQUARE TRAFFIC SIGNAL PROJECT FOR EDWARDS FERRY ROAD WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date for the Shenandoah Square Traffic Signal Project for Edwards Ferry Road and certified that the value of work performed exceeds $168,000.00; and WHEREAS, a letter of credit from Nations Bank in the amount of $210,000.00 has been provided by the developer and approved by the Council to guarantee the installation of public improvements for the Shenandoah Square Traffic Signal Project for Edwards Ferry Road; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Nations Bank in the amount of $210,000.00 is reduced to $42,000.00. 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 the Shenandoah Square Traffic Signal Project for Edwards Ferry Road. 93-151 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE EDWARDS FERRY ROAD IMPROVEMENTS AT SHENANDOAH SQUARE SHOPPING CENTER WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date for the Edwards Ferry Road Improvements at Shenandoah Square Shopping Center and certified that the value of work performed exceeds $80,825.60; and WHEREAS, a letter of credit from Nations Bank in the amount of $101,032.00 has been provided by the developer and approved by the Council to guarantee the installation of public improvements for the Edwards Ferry Road Improvements at Shenandoah Square Shopping Center; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Nations Bank in the amount of $101,032.00 is reduced to $20,206.40. 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 the Edwards Ferry Road Improvements at Shenandoah Square Shopping Center. 93-152 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR THE SHENANDOAH SQUARE SHOPPING CENTER WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date at the Shenandoah Square Shopping Center and certified that the value of work performed exceeds $238,109.00; and WHEREAS, a letter of credit from Nations Bank in the amount of $297,636.00 has been provided by the developer and approved by the Council to guarantee the installation of public improvements for the Shenandoah Square Shopping Center; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Nations Bank in the amount of $238,109.00 is reduced to $59,527.00. 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 the Shenandoah Square Shopping Center. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd and Webb Nay: None Abstain: Councilmember Trocino Absent: Mayor Clem lo. DISCUSSION Mr. Blake requested clarification of a manufactured home. He also requested a clarification of the difference between a manufactured home, component construction and unit construction. Mr. Johnson addressed Mr. Blake's questions by stating that currently the town's zoning ordinance will permit both a modular home or manufactured home within any district in the town as long as it complies with the zoning regulations. The legislation that is before the Council this evening is for approving manufactured home parks. The difference being a higher density. The property is no longer fee simple. These are homes that are brought in on wheels which are removed and the building is then placed on a permanent foundation. Mr. Blake pointed out that the homes in the Silver Oaks Subdivision were brought in on trailers and are manufactured homes. Mr. Trocino stated that the county's ordinance defines a mobile home as one that is built on a permanent chase and designed for transportation. A manufactured housing unit, like Silver Oaks, is one that is not. Mr. Johnson stated that the legislation is proposing a manufactured home park not a subdivision. Mr. Atwell asked if manufactured homes are allowed within the town now, is the proposed legislation redundant? Mr. Johnson stated that the legislation creates a district that would allow manufactured home parks or mobile home parks. Mr. Blake stated that there should be a differentiationbetween manufactured homes and mobile homes. The town already has zoning for manufactured homes. Mr. Trocino stated that the legislation is instructing the town's Planning Commission to construct an ordinance that would develop a particular zone. Mr. Trocino asked that the Council vote on the issue tonight, stating that if the Council does not want this type of housing it is unfair for everyone, including Mr. Frenzel, to drag it out. Mr. Webb stated that in fairness to everyone involved this issue should be forwarded to the Planning Commission for consideration. Mr. Atwell stated that, with this particular issue, there has never been a question of whether manufactured homes were good, bad or indifferent. "My problem has been with this particular piece of property being residential. I don't care what kind of house you put on it - whether it has wheels under it, skids under it or hangs from trees. I don't think this particular piece of property is suited for any kind of residential development. We are skirting the issue." Ms. Umstattd stated that the Council has had this issue before it twice already and twice the Council chose not to promote this. She agreedwith Mr. Trocino, in that, she does not want to pass the buck to the Planning Commission. She will vote no as she did in the past. There is nothing new with this application that significantly changes what was before the Council in the past. Ms. Bange stated that the Council needs to think about the total town. Is there any place within the town that we would want this type of manufactured housing park? If there is then we need to consider this. If there is not then we need to say that. MOTION Mr. Trocino made a motion to ask the town's Citizens Advisory Committee for the Town Plan Amendment to consider, during its review, the question of whether a manufactured home park would be appropriate within the corporate limits of Leesburg or not. The motion was seconded by Ms. Bange. Mr. Webb stated, "before we go cutting out the people who can't afford - or kicking them out, we need to consider all the citizens of this town. The people who are on fixed incomes. The people who can't afford $250,000 - $300,000 homes - who can't afford $500.00 a month rent. As a Council we are just as responsible 7/27/93 -10- to the people who can't afford the better living as we are to anyone or everyone." VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, and Webb Nay: Councilmember Umstattd Absent: Mayor Clem DISCUSSION Mr. Blake stated, "as Council we are the leaders of the community and by exercising this motion we have put the responsibility of running the town or this portion of the town on the citizens who may very well want to do it - make a yeah or nay decision - but I think it was our responsibility that we should have made that decision ourselves. Ms. Umstattd stated that she agreed with Mr. Webb's points regarding affordability of housing "but the problem with this proposal when it came before us before - you quoted the figure of $500.00 a month as being unaffordable - that was the base rent on these units. You talk about us kicking people out who can't afford to live here - I have seen no proposal from the applicant to lock in rents, voluntary rent controls so these people won't be forced out of their homes and I have seen no proposal that he would allow them to have 30 year leases - 20 year leases. It has all been up to the owner to throw them out whenever he wanted. I don't think that is stability or affordable housing. That is another reason why I continue to oppose this project." 10. 0) DISCUSSION Councilmember Blake stated that he has made a personal survey of all the streets, as outlined in the staff's report, and of the top five streets listed only two really need it. He stated that there are other streets that are in need a whole lot worse. The three not needing repaying are listed as numbers 3, 4 and 5 on the list. There is a small section of the Route 15 ramp, Route 7 east and west, that needs repaying. The rest of it is in perfect shape. Other streets that need resurfacing more than those listed are: Royal Street to Church Street, Loudoun Street to Liberty Street, Church Street to Harrison Street, the entire section of Valley View Avenue, Market Street from the bypass bridge to Cardinal Park Drive, Loudoun Street to Liberty Street and King Street to Royal Street. Mr. Brown stated that there are other factors used to determine the priority for resurfacing including the use of traffic volumes, the last time the street was resurfaced, etc. This matter was referred to the August 3, 1993, Administration and Public Works Committee meeting for further consideration. 10. MOTION On motion of Ms. Umstattd, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 93-153 - RESOLUTION -AWARDING A CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL AT ROUTE 15 BYPASS AND BATTLEFIELD PARKWAY WHEREAS, the Traffic Signal at Route 15 Bypass and Battlefield Parkway is an important and necessary traffic control project; and WHEREAS, current funding for this project is provided by a prior appropriation of funds from the town regional highway transportation proffer account; and WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding, of the Leesburg Purchasing Regulations for the construction of these improvements; and WHEREAS, the bids were received on July 16, 1993, and were evaluated pursuant to the bid documents, Town Purchasing Regulations and the Virginia Public Procurement Act, and a recommendation of award has been made by the Director of Engineering and Public Works; and WHEREAS, Philip C. Clarke Electrical Contractors, Inc. is the lowest bidder and has been declared to be both responsible and responsive. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 7/27/93 - 11- The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum construction contract with Philip C. Clarke Electrical Contractors, Inc. for the contract amount of $95,600.00 for the Traffic Signal at Route 15 Bypass and Battlefield Parkway project. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem 10. (q) MOTION On motion of Ms. Umstattd, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-154 - RESOLUTION - AUTHORIZING CONTRIBUTIONS TO THE LOUDOUN RESTORATION AND PRESERVATION SOCIETY AND THE LOUDOUN COUNTY PUBLIC LIBRARY FOUNDATION WHEREAS, the Loudoun Restoration and Preservation Society is sponsoring the seventeenth annual August Court Days on August 21, and 22, 1993, and the Loudoun County Public Library Foundation is sponsoring the Loudoun Book Sale on August 21, 1993; and WHEREAS, proceeds for these events are to benefit the Thomas Balch Library as a tourism and historical asset to the Town of Leesburg; and WHEREAS, Town Council has been requested to assist in financing August Court Days by making a contribution in the amount of the cost of town services for the event; and WHEREAS, Town Council has been requested to assist in financing the Loudoun Book Sale in the amount of the cost of an advertisement in the Washington Post Week-end section and the cost of a town police officer for the day; and WHEREAS, no funds are currently budgeted for either of these proposed expenditures. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Funds in the amount of the cost of town services for August Court Days, estimated to be approximately $1900 are hereby appropriated from the general fund unappropriated fund balance to be contributed to the Loudoun Restoration and Preservation Society. SECTION II. Funds in the amount of the cost of town police services for the Loudoun Book Sale plus $2840 towards the proposed newspaper advertisement are hereby appropriated from the general fund unappropriated fund balance to be contributed to the Loudoun County Public Library Foundation, Inc. DISCUSSION Ms. Bange stated that the Committee voted to forward this to the full Council with the idea that it is an economic development factor, very important to the town. Ms. Umstattd requested that a running total be kept of how much the town is subsidizing various events so that the town will know how much events are costing whenever fees are waived or contributions are made. Mr. Brown stated that he would forward this information to the Finance Committee on a regular basis. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem NEW BUSINESS MOTION Mr. Trocino made a motion that the Council authorize the town to seek I~[TEA funds for this project with the proviso that if this project becomes difficult and someway complex that the town can withdraw. The motion was seconded by Ms. Bange. 7/27/93 -12- Ms. Bange stated that she would feel more comfortable if the Council talked with the property owners and if there is any reason why they would not want to go forward then the town would withdraw the grant/application. Mr. Webb stated that the property owners should be notified before anything else is done. He questioned the cost to the town. Mr. Brown. stated that the town's contribution is 20 percent. Mr. Webb stated that is half of a million dollars - money that the town does not have. Ms. Umstattd stated that she would vote against this. "It is a nice idea but I~TEA funds were never intended to be used for these types of projects. VOTE Aye: Councilmembers Atwell, Bange, Blake and Trocino Nay: Councilmembers Umstattd and Webb Absent: Mayor Clem MOTION On motion of, and duly seconded, the meeting was adjourned at 10 p.m. 7/27/93 -13-