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HomeMy Public PortalAbout1994_05_24 (2)341 TOWN COUNCIL MEETING MINU'I~S OF MAY 24, 1994 A regular meeting of the Leesburg Town Council was held on May 24, 1994, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Bange. SALUTE TO THE FLAG was led by Councilmember Webb ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake (absent) Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Gary Huff Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Town Clerk Barbara Messinger APPROVAL OF MINUTES On motion of Mr. Webb, seconded by Ms. Umstattd, the special meeting minutes of May 10, 1994 were referred back to Committee; regular meeting minutes of May 10, 1994, and the special meeting minutes of May 17, 1994 were approved as written. Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmember Blake CERTIFICATES OF APPRECIATION Gary Huff, Director of Parks and Recreation, presented a Certificate of Appreciation'to Andrea Watson. Mayor Clem presented a Certificate of Appreciation to Joseph R. William. PETITIONERS Sherry Trocino and Betsy Mayr, representing the Loudoun County I-l~gh School requested waiver of the fees for the rental of Ida Lee Park for the all night graduation party. Dale McGuire requested the current status of the fire station issue. Mayor Clem stated that the town's attorneys are currently in negotiations. Mr. Brown provided an update. Mr. McGuire asked if the town would keep the fire company informed. Mayor Clem stated yes. Mr. Webb commented the Council was not totally to blame for the lack of a fire station in the northeast quadrant. He reminded Mr. McGuire of sites offered in the past that were refused by the fire company. Mr. McGuire addressed Councilman Wcbb by stating that none of the sites offered to the fire company are free with the exception of the Plaza Street site. Mr. Field Edwards addressed the Council with regard to the town's leaf collection process. He requested the Town Council consider contracting his company. He described the state-of-the-art leaf collection system and offered the town a substantial savings. VOTE 342 Mayor Clem asked Mr. Edwards to provide Mr. Brown with information on his proposal. Toni Stark, representing the Exeter Section 10 homeowners, addressed the Council regarding the conditions of the sidewalks in the development. This statement is made a part of the official record. Mr. Mason responded to Ms. Stark's concerns by explaining the town's responsibilities in this type of matter. He assured Ms. Stark and the Council that staff would work with the homeowners and Pulte to solve the problems. COUNCILMEMBER COMMENTS Mr. Webb asked if a meeting had been scheduled regarding Cable T.V. Mr. Brown stated a meeting has been scheduled for June 13, at 7:30 p.m. in the Council Chambers. Mr. Webb requested that negotiations begin with the School Board regarding public use of the land designated for the new school site. He asked Mr. Mason for an update on the traffic light at South King Street and Evergreen Mill Road. Mr. Mason expected completion by the end of the fall season. Mr. Atwell asked if there would be a merge lane on South King or just a right turn lane on Evergreen Mill Road. Mr. Mason responded only a right turn lane on Evergreen Mill Road would be added. Mr. Atwell took issue with some of the judgements on that. He expressed concern with the difficulty making a right turn due to the volume of traffic coming north on King Street. Ms. Umstattd asked everyone to remember Vietnam War Veterans on Memorial Day. Mr. Trocino received information regarding the Edwards Ferry Road improvements. He thanked Beck Dickerson and stated the town would be equally responsive. He stated the Tree Committee report would be presented to the Council in 2 weeks. Mr. Trocino reported that he, Mr. Brown, and the Mayor spoke on May 23 at the Commonwealth's Advisory Committee for Government Relationships regarding double taxation. He expressed the need for the town to address the issue of an "enhanced town." Mr. Atwell seconded the awardingof the Certificateof Appreciation to the Vo-Tech student, Joseph Williams. He expressed his condolences to Mr. and Mrs. Joe May for the loss of their son over the weekend. ~ Ms. Bange made no comment. MAYOR'S REPORT Mayor Clem requested that Mr. Brown advise the Council when the Edwards Ferry Road plan will be ready for bid. He asked that discussions begin regarding water and sewer deposits. Mayor Clem thanked Mr. Ratio for joining him on May 23 in Richmond. He pointed out that Council-elect Frank Buttery was present at the Council meeting. Mr..Buttery addressed the Council and the citizens thanking them for their support during the recent town election. Chuck Thornton announced that a program hosted by the V.F.W. in honor of the veterans is scheduled on Memorial Day at 11 a.m., on the County courthouse steps. MANAGER'S REPORT Mr. Brown announced that a block party on Thistle Way is scheduled June 18, from 2 p.m. to 10 p.m. He highlighted the Activity Report. LEGISLATION 5/24/94CO -2- 343 lO.(b).(c) were referred to the May 31, 1994 special meeting. 10.(a) MOTION On motion of Mr. AtweH, seconded by Mr. Webb, the following ordinance was proposed and adopted. 94-0-16 - AN ORDINANCE: AMENDING SECTION 2-94 OF THE TOWN CODE ESTABLISHING THE BALCH LIBRARY ADVISORY COMMISSION WHEREAS, the Town Council and the Loudoun County Board of Supervisors have agreed to transfer ownership of the Balch Library from the County to the town effective July 1, 1994; and WHEREAS, the Town Council desires to establish a citizens committee to provide advice related to policy decisions regarding the Balch Library; and WHEREAS, it is the desire of the Town Council to maintain and operate the Thomas Balch Library as an institution of historical research and genealogy for the citizens of Leesburg and Loudoun County; and WHEREAS, it is the desire of the Town Council to maintain a close, cooperative working relationship with the Loudoun County Board of Supervisors and the Loudoun County Library Board of Trustees. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Article IX. Balch Library, Advisory Commission. Section 2-94. Commission established generallv. (a) The ~ Balch Library Advisory Commission is hereby established. The Commission shall consist of five seven members, .not less than four members ,.v~o shah be residents of the Town and appointed by Town Council. The Council shah appoint one of its members to the Commission whose term of office shah correspond to the official tenure of office as a Councilmember. Members shah serve four-year terms. The Council shah also appoint a member of the Board of Supervisors as a member of the Commission whose term shah correspond to the official tenure of the office as Supervisor. (b-)~.~ The Commission shah elect its chairperson annually. The Commission shah meet monthly or more often as necessary upon the call of the chairperson or two or more members. The chairperson is required to report any attendance problems to the Town Council, which has the authority to require a member to resign if the said member is absent from three consecutive, regular monthly meetings. All members of the Commission shah have full voting privileges. Section 2-95. Powers and duties. The ~ Balch Library Advisory Commission shah have the following powers and duties: (1) To adopt rules governing the conduct of its business and meetings. (2) To establish long term goals and make recommendations for Council approval ,u.~ ;, a .......... .~' to ...... ;;oU attain i4~ these goals. (3) To make z-- E_j recommendations regarding the operation, staffing, r.e, ao~,ioa, maintenance, capital improvements and funding of the Balch Library. . . (4) To assist the Council in preparine the annual operating budgets for town reco~.ee';__~t!ons !o the T~we C~12~c!! and the CIP budget related to the funding of the Balch Library. (5) To assist the Council in marketing the Balch Library. (6) To encourage and coordinate efforts of private fund raising, gr~q~to ~"--~ .............................. ., .......... r .......... r ef '_!'_e c~Eec'_'_'o- donations to the collection, completeness and protection of the collection, and effectiveness of the facility. 5/24/94CO -3. 344 VOTE (lO) To appoint members of the Friends of Thomas Balch Library whose interests and resources will promote the library and who will assist and advise the Commission. To report periodically on its work to the Council. To assist in and carry out such other duties as may be assigned by the Council. All actions of this Commission shall be subject to Council approval. This ordinance shall be in effect upon its passage. Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmember Blake 10.(d), (e),(f),(a),(h),(i) MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolutions were proposed as consent, and adopted. 94-105 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM SECTION 4 WHEREAS, the construction drawings and final plat for Greenway Farm Section 4 have been approved; and WHEREAS, the developer, Trafalgar House, wishes to proceed with installation of the public improvements without providing a performance guarantee; and WHEREAS, the final subdivision plat for Greenway Farm Section 4 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. THEREFORE, 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 Trafalgar House for the improvements shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm Section 4. SECTION II. The extension of municipal water and sewer for Greenway Farm Section 4 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. 94-106 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION AT EXETER SECTION 9 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date at Exeter Section 9 and certified that the value of the work performed exceeds $1,253,442.40; and WHEREAS, a letter of credit from 1st American Bank in the amount of $1,566,803.00 was provided by the developer and approved by the Council to guarantee the installation of public improvements for Exeter Section 9, and this letter of credit was reduced to $1,024,292.00 by Resolution #91-198; and WHEREAS, Council Resolution #92-61 approved a substitute performance guarantee from American Motorist Insurance Company to guarantee the installation of the remaining public improvements for Exeter Section 9 and released the letter of credit from 1st American Bank; and WHEREAS, the corporate surety bond was reduced to $713,367.00 by Resolution #92-122 and to $342,069.00 by Resolution #92-246; and WHEREAS, Council Resolution #93-184 adopted September 28, 1993 approved a reduction of the corporate surety bond from $342,069.00 to $68,413.80; and WHEREAS, the amount of $68,413.80 is incorrect and the correct reduced amount of the corporate surety bond is $313,360.60 representing an 80% reduction of the initial bond amount of $1,566,803.00. 5/24/94CO -4- THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Resolution #93-184 is hereby rescinded. SECTION II. The corporate surety bond from American Motorists Insurance Company in the current amount of $342,069.00 is reduced to $313,360.60. SECTION III. The Town Manager shall notify the developer that liability for the corporate surety bond 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 Exeter Section 9. 94-107 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC 345 IMPROVEMENTSAND 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 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. 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 at the Crossroads Baptist Church. SECTION II. A time extension to June 21, 1995 for completion of the public improvements is approved. 94-108 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR LEESBURG GATEWAY LOT 9A WHEREAS, Williamsborough Development Corporation, Inc., the developer of Leesburg Gateway Lot 9A (Fort Knox Self Storage), 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 $19,736.00 from the Mercantile Safe Deposit and Trust Company was provided by the developer to guarantee the installation of public improvements at Leesburg Gateway Lot 9A. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the Mercantile Safe Deposit and Trust Company in the amount of $19,736.00 is approved to guarantee the installation of public improvements at Leesburg Gateway Lot 9A. SECTION II. A time extension to June 7, 1995 for completion of the public improvements is approved. 94-109 - A RESOLUTION: APPOINTING ERNEST CHANDLER TO THE LEESBURG PARKS AND RECREATION ADVISORY COMMISSION WHEREAS, a vacancy exists on the Parks and Recreation Advisory Commission due to the resignation of Dan Gill in March of 1994: THEREFORE, RESOLVED by the Council of the Town of Leesburg, in Virginia as follows: Ernest Chandler is appointed to the Parks and Recreation Advisory Commission for a two year term to expire on June 30, 1996. 94-110 - A RESOLUTION: INITIATING AND REFERRING AN AMENDMENTTO SECTION 5A 5/'24/94CO -5- 346 HISTORIC OVERLAY DISTRICT FOR EDITORIAL CHANGES WHEREAS, in February 1994 the Board of Architectural Review adopted Design Guidelines for the Old and Historic H-1 District; and WHEREAS, the Design Guidelines will help ensure consistency in review of projects and encourage projects to be harmonious with the character of the historic district; and WHEREAS, the H-1 Ordinance established in 1963 must be amended to refer to the Design Guidelines and to include other editorial changes; and WHEREAS, the proposed amendments are intended to promote the public health, safety and welfare, and protect the town's unique character; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. An amendment to Section 5A - H-1 Historic Overlay District of the Leesburg Zoning Ordinance is hereby initiated to include the changes as stated in the attachment. SECTION II. The Planning Commission shall hold a public hearing to consider this amendment to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. VOTE Aye: Nay: Absent: Abstain: DISCUSSION Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Blake Councilmember Trocino (d) Gary Huff advised the Council the total cost for the rental of Ida Lee Recreation Center for the all night graduation party will be $2,080. MOTION A motion was made by Mr. Webb, seconded by Ms. Umstattd, to waive the rental fee, and charge the staff fee for the All Night Graduation Party. DISCUSSION Mr. Trocino suggested following last year's policy by waiving the staff cost. Ms. Bange asked if the town could afford using unappropriated funds. She suggested a challenge to the general public to match the town's share - each paying half of the fee. Mr. Atwell stated that the town could afford $2,080. Mr. Webb withdrew his motion. MOTION A motion was made by Ms. Bange, seconded by Ms. Umstattd, to transfer $2,080 from the unappropriated fund balance to cover the cost of the all night graduation party. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Blake NEW BUSINESS MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 94-111 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID FOREST PHASE 1, SECTIONS 8A AND 8B 5/'24/94CO -6- 347 WHEREAS, Council Resolution #93-219, adopted November 9, 1993, authorized an agreement for installation of public improvements and approved water and sewer extension permits for Kincaid Forest Phase 1, Section 8; and WHEREAS, the developer, First Potomac Development Company, did not provide a performance guarantee for the public improvements; and WHEREAS, the developer has divided Section 8 into two parts, Sections 8A and 8B; and WHEREAS, the final subdivision plat for Kincaid Forest Phase, Section 8B cannot be recorded until the public improvements are completed and accepted by the Town Council or a performance guarantee acceptable to the Town Council is provided; and WHEREAS, Council Resolution #93.253, adopted December 14, 1993, authorized an agreement approving a performance guarantee in the amount of $236,858.64 for Kincaid Forest Phase I Section 8A; and WHEREAS, the estimated cost to install the public improvements shown on the approved construction drawings and approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Sections 8A and 8B is $451,397.38; and has been reduced to $162,235.00 based on the improvements installed and inspected; and WHEREAS, the developer proposes to provide a corporate surety bond from American Motorist Insurance Company in the amount of $162,235.00 to guarantee the completion of the installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Sections 8A and 8B. RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Manager shah execute a new contract for installation of public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Sections 8A and BB. SECTION II. The corporate surety bond in a form approved by the Town Attorney from American Motorist Insurance Company in the amount of $162,235.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Kincaid Forest Phase 1, Sections 8A and 8B. SECTION III. The contracts for installation of public improvements.for Kincaid Forest Phase 1 Section 8 and Phase 1 Section 8A are authorized to be cancelled when the new contract and performance guarantee provided by First Potomac are signed and in effect. SECTION IV. The corporate surety bond issued by American Motorist Insurance Company in the current amount of $91,046.64 which guarantees the public improvements in Kincaid Forest Phase 1 Section 8A is authorized to be released when the new contract and performance guarantee are signed and in effect. VOTE Nay: Absent: Abstain: Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem None Councilmember Blake Councilmember Trocino MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 94-112 - A RESOLUTION: MAKING APPOINTMENTS TO THE BALCH LIBRARY ADVISORY COMMISSION WHEREAS, the Balch Library Advisory Commission was established on April 12, 1994; and WHEREAS, an advertisement was placed in the Leesburg Today to solicit letters of interest from residents and non-residents interested in serving on the Balch Library Advisory Commission. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following out-of-town residents are hereby appointed to the Balch Library Advisory Commission: Karen Titus, James Lucier and Marry Hiatt. 5/24/94CO -7- 348 RESOLUTION: -8- AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR KINCAID FOREST PHASE 1, SECTION 8A SECTION II. The following Town of Leesburg residents are hereby appointed to the Balch Library Advisory Commission: Mary Fishback, John Tolbert~ Jr., Donald Ward and Jim Hershman, Jr.~ SECTION III. Loudoun County Board of Supervisor, Joan Rokus, is hereby appointed to the Balch Library Advisory Commission. SECTION IV...Mayor Clem is temporarily appointed to the Balch Library Advisory Commission. VOTE Aye: Nay: Absent: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem None Councilmember Blake Mr. Trocino considered it proper to name the remaining candidates to the "Friends of the Balch Library" committee. Mr. Atwell suggested the Commission begin immediately. MOTION On motion of, and duly seconded, the meeting was adjourned at 9:30 p.m. Clerk of Council James E Clem, Mayor 5/24/94CO -8-