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HomeMy Public PortalAbout1994_09_27289 TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 27, 1994 A regular meeting of the Leesburg Town Council was held on September 27, 1994, 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 Councilmember Trocino SALUTE TO THE FLAG was led by Councilmember Buttery ROLL CALL Councilmembers present George F. Atwell (arrived 7:50 p.m.) Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd (absent) William F. Webb Mayor James E. Clem (absent) Staff members present Town Manager Steven C. Brown (arrived 7:50 p.m.) Deputy Town Manager Peter Stephenson Director of Engineering and Public Works Thomas Mason Assistant Town Manager for Economic Development Jim Gahres (arrived 7:50 p.m.) Zoning Administrator Scott Johnson Planner Marilee Seigfried Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Secretary Lisa Smith APPROVAL OF MINUTES MOTION On motion of Mr. Trocino, seconded by Mr. Buttery, the special meeting minutes of September 7, 1994 and the regular meeting minutes of September 13, 1994 were approved as corrected by Mr. Buttery. VOTE Aye: Nay: Absent: Councilmembers Buttery, Emswiller, Trocino, and Webb None Councilmembers Atwell, Umstattd, and Mayor Clem PROCLAMATION MOTION On motion of Mr. Buttery, seconded by Mr. Trocino, the following Proclamation was proposed and adopted. PROCLAMATION AVIATION EDUCATION WEEK OCTOBER 1 - 8, 1994 WHEREAS, the education of the youth of Virginia is one of our highest priorities; and WHEREAS, learning institutions at all levels within the Commonwealth of Virginia are providing aviation education to inform and inspire students as well as to prepare them for challenging and productive careers in the aviation industry; and WHEREAS, the aviation industry in Virginia must continue to attract highly motivated and technically skilled youths in order to meet the challenges of the future; and WHEREAS, aviation is of major importance to the economic development of the Commonwealth of Virginia and the growth and viability if aviation is expected to continue; and WHEREAS, the future of aviation in the Commonwealth of Virginia is dependent upon an informed and educated public. NOW, THEREFORE, I, James E. Clem, Mayor of the Town of Leesburg, do hereby proclaim October 1 - 8, 1994 as AVIATION EDUCATION WEEK in the Town of Leesburg, and call this observance to the attention of all our citizens. 290 VOTE Nay: Absent: PETITIONERS Councilmembers Buttery, Emswiller, Trocino, and Webb None Councilmembers Atwell, Umstattd, and Mayor Clem Ralph Marr, a resident of 104 Country Club Drive, S.W., addressed the Council opposing the fire siren. He considers it a health concern, and finds it frustrating to deal with this problem. He stated when concerns are expressed to town staff or elected officials, responses always come from the fire company. Mr. Marr challenges the Town Council and LVFC to listen to the siren and see if it offends thier senses. Mr. Webb appreciated Mr. Mart's concern and reported that Mayor 'Clem has written a letter to the LVFC and the Fire Marshal requesting a meeting to discuss a solution. Hub Turner, a resident of Bradfield Drive, addressed the Council with several concerns. His comments are made a part of the official record. Mr. Webb advised Mr. Turner that the Town Plan amendments are being recommended by the Citizens Advisory Commission (CAC). These amendments have not come before the Planning Commission or Town Council. These are recommendations of the CAC. Vickie Rucker., a resident of 153 Cedarwalk Circle, expressed concerns with cats running loose in the town~ and asked for a solution to the problem. Mr. Brown stated the town has no jurisdiction over animals, but would inquire with the county. Margaret Hanes, a resident of 158 Cedarwalk Circle, N.E., voiced concerns with rabies due the high population of cats in the town. She also spoke in reference to recreational vehicles being parked in the parking lot at the entrance to Cedarwalk Circle. Mr. Brown advised Ms. Hanes parking of recreational vehicles is permitted at the Liberty Street lot, however the town would not assume any liability for these vehicles. He assured her he would discuss the parking problem with the Police Department. Woody Turner, representing the Loudoun Hospital Center, presented an update regarding matters of mutual interest to the town and hospital regarding the Loudoun Hospital Center. Frank Criddenton presented a proposal for re-use of the Cornwall Street hospital site. Mr. Webb asked if there has been any word from Mr. Perry in Richmond? Mr. Criddenton responded no. Mr. Atwell asked if there would be buy-in costs for residents to move in or strictly a monthly maintenance charge? Mr. Criddenton was not familiar with the detailed terms of the structure. Mr. Trocino inquired if Mr. Criddenton foresaw any proposals that would involve non-healthcare, non-elder care use for the property? Mr. Criddenton replied the focus has been healthcare related uses. Mr. Buttery questioned if there was any provision in the proposal for emergency care? Mr. Criddenton responded there was no provision in this plan. Mr. Buttery asked if the hospital planned to retain ownership of the building and the grounds? Mr. Criddenton believed the ownership structure was open to negotiation. Mr. Trocino asked if there is any idea of how many employees this proposal would produce? Mr. Criddenton was unsure. Mr. Trocino asked for a comparison. co92794 -2- PUBLIC HEARING: Zoning Ordinance amendment to Section SA (Old and Historic District) Scott Johnson presented the staff report. No public comment was received. Vice-Mayor Webb closed the public hearing. COUNCILMEMBER COMMENTS Ms. Emswiller had no comment. Mr. Atwell reported that he and Mayor Clem attended a public input session at the Board of Supervisors meeting room earlier this evening, regarding the location of the proposed county government center. He stated there were 13 speakers, 4 of which were opposed. Mr. Atwell announced there would be another meeting on Monday, October 3, 1994 at 7 p.m. at the Cascades Regional Library. Mr. Trocino echoed Mr. Atwell's comments regarding the county government center. He congratulated the World War II comtrdttee members for a marvelous event. He extended congratulations to ECHO for conducting a successful Hub Caps' concert at Ida Lee Park. Mr. Trocino announced the Council retreat would be Friday, September 30, 1994. He recognized the fire siren to be a town wide problem, and asked for a full hearing on the issue. Mr. Buttery echoed comments made by Mr. AtweH and Mr. Trocino with respect to the WWII ceremonies. He referenced the repaving recently completed in town, stating it was a much needed improvement. He is pleased to hear the town received a $10,000 grant for tree planting at Robinson Park. Mr. Buttery announced the untimely death of Assistant Conunonwealth Attorney for Loudoun County, Lisa Evans Crittenden. He proposed a Resolution of Respect be prepared on behalf of Ms. Crittenden. Mr. Webb reported the hospital rummage sale collected approximately $25,000. He announced the Council would hold a work session on Friday, September 30, 1994 at 9 a.m. at Carradoc Hall. Mr. Webb agreed with Mr. Trocino that a public hearing is needed regarding the fire siren. MANAGER'S REPORT Mr. Brown highlighted the Activity Report. He thanked Mayor Clem and Mr. Atwell for their comments regarding the county complex issue and invited everyone to attend the next public meeting on Monday, October 3, 1994 at 7 p.m. He thanked Peter Stephenson for filling in while he was in Chicago attending the International City Management Association Conference. Mr. Brown announced the Council work session on Friday, September 30, 1994 from 9 a.m. to 6 p.m., at Carrado~ Hall. He thanked Mr. Buttery for his comment regarding the Department of Forestry grant and stated Gary Huff has also received a $13,500 grant for an arborist position. He thanked Lisa Smith for attending the council meeting in the absence of Clerk of Council, Barbara Messinger, who is attending the Municipal Clerk's Association meeting in Virginia Beach. Peter Stephenson announced the Leesburg Board of Architectural Review received the 1994 Virginia Preservation Award from the Board of Trustees for the Preservation Alliance of Virginia. He stated the award would be presented at the annual fall membership meeting on Friday, October 7, 1994 in Charlottesville. LEGISLATION 11.(a) DISCUSSION 291 co92794 -3- 292 Mr. Trocino commented the importance of this change can be summarized in the phrase "preservation indexL He stated is removes subjectivity and places serious objectivity into the ordinance. Mr. Buttery asked if there had been any negative comments from citizens regarding the proposed changes. Scott Johnson responded there had been only positive comments. MOTION On motion of Mr. Trocino, seconded by Mr. Buttery, the following ordinance was proposed and adopted. 94-0-30 - AN ORDINANCE: AMENDING SELECTED PORTIONS OF THE H-1 HISTORIC OVERLAY DISTRICT REGULATIONS OF THE LEESBURG ZONING ORDINANCE TO INCLUDE A REFERENCE TO THE DESIGN GUIDELINES ADOPTED BY BOARD OF ARCHITECrURAL REVIEW AND UPDATE THE REGUlaTIONS WHEREAS, in February 1994, the Board of Architectural Review adopted Design Guidelines for the Old and Historic District; and WHEREAS, the Design Guidelines will help ensure consistency in review of projects and encourage developments to be harmonious with the character of the historic district; and WHEREAS, the H-1 Ordinance established in 1963 was not modified with the adoption of the new zoning ordinance in April 24, 1990 and contains incorrect references; and WHEREAS, the Secretary of the Interior's Standards for Rehabilitation were revised in 1990 and which should be updated in the H-1 Old and Historic District regulations; and WHEREAS, the Planning Commission considered the amendment at the July 7, 1994 public hearing and forwarded to Council a unanimous recommendation to adopt the language that was referred to the Commission by Resolution 94-110; and WHEREAS, amending the ordinance is in the interest of public necessity, convenience, general welfare and good zoning practice. THEREFORE ORDAINED by the Council of the Town of Leesburg as follows: SECTION I. The following portions of Section 5A of the Leesburg Zoning Ordinance are hereby amended as shown below: ARTICLE $. OVERLAY AND SPECIAL DISTRICT REGULATIONS SECTION 5A - H-1 HISTORIC OVERLAY DISTRICT Section 5A-2. APPLICABILITY These Historic District regulations shall apply to the Old and Historic District established by the Town Council in 1963 ~ s.,;~,,~, n s ..f ,~,,, T ~oo~. .... 7,..,;,... r~.,~; ..... and to all areas or places designated by the Town Council as historic districts or landmarks following the effective date of this Ordinance. The precedents established by the former Article 10A are here by continued and extended. The restrictions and requirements of this Article shall be in addition to other restrictions and requirements provided in this Ordinance. Section 5A-3. HISTORIC DISTRICT CREATED, ESTABLISHED A historic conservation district is hereby created within the town as an overlay on the official zoning map under authority of Section 15.1-503.2 of the State Code to be known as the H-1 Historic District w'.'*_E which includes the original boundaries shown on a map designated ~Gray's New Map of Leesbur~ drawn from the special surveys in the year 1878 as hereby amended and described as follows: ( ..... description with no changes...) Section 5A-4. APPLICATION TO BOARD FOR HISTORIC DISTRICT ZONING PERMIT (5) (8) Application Filing Deadline and Fee. Applications for Historic District Zoning Permits must be made on forms provided by the Zoning Administrator and must be accompanied by a filing fee of $20. Complete applications must be submitted at least &4 17 days before the scheduled monthly meeting at which applicants request consideration. Public Meetings Required. The Board shall meet at least once monthly to consider applications for Historic District Zoning Permits. The meeting of the Board shall co92794 -4- 293 be open to the public and a full and impartial hearing shah be granted to the applicant and to any other interested parties. Section 5A-5. (4) DEMOLITION APPLICATIONS Demolition Criteria. In reviewing demolition applications the Board shah consider the following: ao The__~_o;~;~; ........ ..... Preservation Index of the buildings or structures located on the Architectural-Historic Inventory The criteria listed in the Old and Historic District Design Guidelines including the extent to which loss of the buildings or structures would affect the historic and architectural character of surrounding properties and of the entire Old and Historic District; and c. The ability of the owner to put his property to reasonable beneficial use. Section 5A-6 GUIDELINES AND CRITERIA (2) Criteria for Existing Buildings and Structures. In deciding upon applications to alter buildings or structures subject to the provisions of this Article, the BAR shall consider the Preservation Index as well as the criteria listed in the Old and Historic District DesignGuidelines :rch'.'!ee*.-r:! a"d h:'ster:'°_ ~ and shah consider criteria set forth in the Secretary of the Interior's Standards for Rehabilitation Revised 19~3 1990, as amended. ~ Standards for Rehabilitation are as follows: shall be used for its historic pu~ose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and en~ronment. b° historic character of a proper~ sha~ ~ retained and pre~ed. ~e removal of historic materials or alteration of features and ~aces that characteg~ a prope~ sha~ be avoided. Co .~2ter:t'.'e:s that have ne h'.'sterica! bas'.': :nd '::h'.'ch meek to _°:'.cate an earL:er _""_a'rr~ ,,,,o,, ...... shah be dkce'_'taged. Each property shall be recognized as a physical record of its Time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings,shall not be undertaken. ~ ...... ...... ~:~"~ ~"~ ..... r ...... '~ Most prope~ies change over time; those chan~es that have acquired historic si~ificance in their o~ right shall be retained and p~e~ed. ' bu'.'!d'.'ng, o, .... {. .... , ~. o;,o o~.. ~o ,.o~,~ri ,.rog .... ;,:.,;tx, Distinctive features~ finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. Deter'.'era!ed architectural feat"rem shah be co92794 -5- 294 (3) Se,etlon 5A-7. ........... '~ ........... r ....... r ....... ~t _'-;__-;_ -- r ............................. ~ ..... SI .... sha~ be repaired rather lhan replaced. Where the ~ve~ of deterioration requires replacement of a distinctive /ealur~, the n~w feature shaU match rh~ old in ~]ort iex~ure~ and o~her ~sua] qualities and~ where possible, mate~als. Repla~ment of missinK f~atures shaU be substantiated by documenta~ physica]~ or pictorial e~dence. go ~..;~a; .... ,~.;~o o~, .~, ~ ...a..,.~.. ~emical or ph~ical treatment% such as sandblasting, that cause damage to historic matefia~ shah not ~ u~d. ~e surface cleaning of structure% if appropriate~ shah ~ undertaken using the gentlest means possible. ho .................. ~, _. __, ......... y ~.elect. cant archeolo cai re~ur~s affected by a project shaU ~ protected and prese~ed. If such re,urns must dislurbed~ mitigation measures sha~ ~ unde~aken. additions, exterior alterations, or related new ~nstmction shaU not destroy histodc materials that charactedze the properW. ~e new work shall be differentiated from the old and shall be mmpatible with the ma~ing, size, ~ale, and architectural features to protect the historic inte~i~ of the proper~ and its en~ronment. jo ~ ma:~er ~ha~ ff ~'zch ~dd~ff~n~ ~r ~Eer:ffen~ were t~ ~ re~ved ~ the f~re, the exte~or alteration~ or related new ~nst~ction shad not destroy histo~c mate~als that charactc~ the prope~. ~c new work shah be differentiated from thc old and shah be ~mpatibie ~th thc massing, size~ ~ale, and architectural features to protect the histo~c inte~i~ of the properW and its en~ronment. In addition to the standards listed above, the application of artificial siding, including aluminum and vinyl sidings, on existing buildings shall not be permitted for any structure rated by the Hartzog, Lader & Richards survey of 1976 as having a Preservation Index of A or B ~ for any individual historic landmark due to its inappropriateness, its potential to damage wood frame buildings and its destruction of the unique character of wood materials and craftsmanship. Criteria for New Construction. In deciding upon applications for new construction, the Board shah take into account the extent to which the building or structure would be appropriate or incongruous to the Old and Historic District as well as its immediate surroundings; and The Board shah consider major design elements, including site planning; massing, proportion and scale; roof, windows and doorways; and aH exterior architectural elements, including materials, colors, trim and other details. More specific criteria for appropriate new construction can found in the Old and Historic Design Guidelines. The Board shah amend the Old and Historic Design Guidelines adoF! ~_d'J.,_'t:_e"_~! g'_'~_deEne°_ for new construction as it deems appropriate. MAINTENANCE OF HISTORIC PROPERTIES co92794 -6- (1) Routine Maintenance Exclusion. Nothing in this Article shall be construed to prevent the routine maintenance or repair of any exterior elements of any building or structure so long as there is no change in ferm design or materials. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. VOTE Aye: Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, and Webb None Councilmember Umstattd and Mayor Clem ll.fb).(c).(e).(f).(~) MOTION On motion of Mr. Atwell, seconded by Mr. Trocino, the following resolutions were proposed as consent and adopted. 94-202 - A RESOLUTION: AUTHORIZING VETERAN'S DAY, NOVEMBER 11, 1994 AS A PAID PUBLIC HOLIDAY FOR TOWN EMPLOYEES WHEREAS, Article 15 - Holidays, of the adopted Town of Leesburg Personnel Manual does not include Veteran's Day as an observed paid holiday for all town employees; and WHEREAS, the Town Council authorized the observance of Veteran's Day 1993 as a paid public holiday, per Resolution No. 93-216; and WHEREAS, a formal amendment to the Personnel Manual regarding Veteran's Day may be considered as part of the implementation of the upcoming compensation and classification study; and WHEREAS, on September 20, 1994, the Town Council Administration and Public Works Committee recommended this administrative observance of Veteran's Day this year to bring the town in conformance with county, state and federal government, which observe this holiday. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to administratively implement the observation of Veteran's Day - November 11, 1994, as a paid public holiday for all town employees. 94-203 - A RESOLUTION: DECLARING THE DEVELOPER OF THE UNION COURT SECTION 1 SUBDIVISION IN DEFAULT OF ITS CONTRACT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE PERFORMANCE GUARANTEE FUNDS BE SPENT TO COMPLETE THE PUBLIC IMPROVEMENTS WHEREAS, Patterson Place, Inc., the developers of Union Court Section 1, did not complete 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, a letter of credit from Sovran Bank in the amount of $37,684.00 was provided by the developer to guarantee the installation of public improvements in Union Court Section 1; and WHEREAS, Sovran Bank notified the town that it would not renew the letter of credit and the developer could not provide a substitute performance guarantee and was declared in default of its contract with the town by Resolution #91-232 adopted on October 9, 1991; and WHEREAS, a claim was made for the letter of credit funds and the town was paid the full amount of $37,684.00 on October 23, 1991; and and WHEREAS, the developer requested a one-year time extension to complete the public improvements; WHEREAS, a time extension to July, 1992 was authorized by Resolution #91-264 and the $37,684.00 co92794 -7- paid to the town was held as the performance guarantee; and WHEREAS, the developer failed to complete the public improvements within the one-year time extension and has not responded to written notices to complete the project and has not fulfilled the terms of its contract; and WHEREAS, AMRESCO, successor to Sovran Bank, obtained ownership of the Union Court Section 1 Subdivision from Patterson Place, In., because of the developers failure to repay loans secured by the property; and WHEREAS, AMRESCO has sold the remaining lots and the new owner is not responsible for completion of the public improvements; and WHEREAS, neither Patterson Place, Inc., nor AMRESCO have responded to written notices to complete the public improvements in accordance with the contract for installation of public improvements; and WHEREAS, the town holds sufficient funds to complete the public improvements; and WHEREAS, it is now the town's obligation to complete the public improvements since the project has been abandoned by the developer. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. Patterson Place, Inc., is hereby declared in complete default of its contract for installation of public improvements for Union Court Section 1. SECTION II. The Town Manager is authorized to spend up to the full amount of the $37,684.00 which the town holds as the performance guarantee for Union Court Section 1 to complete the public improvements, acquire necessary right-of-way or easements, and otherwise complete the project in accordance with the town's standards and specifications. 94-204 - A RESOLUTION: AUTHORIZING THE PREPARATION OF PLANS FOR A NEW, CENTRALIZED ABOVE GROUND FUEL STORAGE FACILITY AT THE LEESBURG MUNICIPAL AIRPORT WHEREAS, the Town of Leesburg presently leases two separately located underground fuel storage tank facilities from Eastern Aviation Fuels, Inc. at the Leesburg Municipal Airport; and WHEREAS, a new, centralized above ground fuel storage facility is needed in effort to best manage environmental liability, and secure stable fuel product pricing and availability; and WHEREAS, the development of a new, centralized fuel storage facility is consistent with the adopted Leesburg Municipal Airport Master Plan; and WHEREAS, the Leesburg Airport Commission and the Town Council Administration and Public Works Committee support the development of this needed facility as outlined under "Financial Analysis, C. Option 3" in the September 19, 1994 memorandum to Mayor and Council; and WHEREAS, it is desired that the town utilize a state grant allocation to help finance the cost of the civil and site infrastructure, with the contract operator owning the above ground fuel tanks, mechanical and delivery systems; and WHEREAS, site survey, preliminary and final design plans must be prepared to refine cost estimates and ensure appropriate local, and state grant, funding allocations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg's contract airport engineer, Campbell and Paris Engineers of Chantilly, Virginia is hereby authorized to prepare the necessary site survey, preliminary and final design plans, specifications and cost estimates for the proposed new, centralized above ground fuel storage facility at the Leesburg Municipal Airport. An appropriation of $17,500 is hereby made from the unappropriated General Fund balance into the Airport Fund for the completion of this work. SECTION II. Upon completion, these plans, specifications and estimates shall be reviewedwith the Leesburg Airport Commission and the Town Council for approval of appropriate construction funding allocations prior to project bidding. 94-205 - A RESOLUTION: APPROVING THE VACATION OF AN EMERGENCY VEHICLE ACCESS EASEMENT IN STONEGATE, SECTION 1, LOTS 68 AND 69 co92794 -8- WHEREAS, a temporary ingress-egress easement for emergency access was recorded on lots 68 and 69 in Section I of the Stonegate subdivision in deed book 1156 page 971; and WHEREAS, this temporary ingress-egress easement for emergency access is to become null and void at such time as a second,entrance into the Stonegate subdivision is constructed; and WHEREAS, the second entrance of the Stonegate subdivision, Foxborough Drive, has been constructed and is available for emergency access: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: The vacation of the temporary ingress-egress easement for emergency access as recorded in deed book 1156 page 971 is hereby approved. 94-206 - A RESOLUTION: APPROVING THE VACATION OF OVERLAND RELIEF EASEMENTS IN STONEGATE, SECTIONS 1 AND 3 WHEREAS, Trafalgar House Property, Inc., owner of the Stonegate Subdivision, has requested the overland relief easementsbe vacated as shown on Plat #RP-2191, prepared by Huntley, Nyce and Associates, P.C.; and WHEREAS, these overland relief easements were over-sized and unnecessarily encumbering the lots of homeowners in the development: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: The vacation of the overland relief easements as shown on Plat #RP-2191, prepared by Huntley, Nyce and Associates, P.C., dated May 5, 1994, is hereby approved. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, and Webb Nay: None Absent: Councilmember Umstattd and Mayor Clem Abstain: Councilmember Trocino (f and g) ll.(d) DISCUSSION Mr. Atwell detailed the issue. MOTION On motion of Mr. Atwell, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-207 - A RESOLUTION: AWARDING A PURCHASE CONTRACT FOR A BUCKET TRUCK WHEREAS, sealed bids were received for a bucket truck; and WHEREAS, the lowest responsive and responsible bidder was Shade Equipment; and WHEREAS, the Department of Engineering and Public Works recommends award of the contract to the lowest responsive and responsible bidder. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a purchase contract for a bucket truck with Shade Equipment in accordance with the bid documents and specifications in the amount of $40,662.00. VOTE Aye: Nay: Absent: 11.(I) MOTION Councilmembers Atwell, Buttery, Emswiller, Trocino, and Webb None Councilmember Umstattd and Mayor Clem co92794 -9- On motion of Ms. Emswiller, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-208 - A RESOLUTION: COMMENTING ON LOUDOUN COUNTY REZONING CONCEPT PLAN AMENDMENT ZCPA 1994-0001, RIVER CREEK WHEREAS, on May 19, 1993, the Loudoun County Board of Supervisors approved rezoning application ZMAP 1989-0015, River Creek by the River Creek Limited Partnership of Silver Spring, Maryland; and WHEREAS, the River Creek Limited Partnership of Silver Spring, a Maryland, has submitted rezoning concept plan amendment application ZCPA 1994-0001, River Creek to Loudoun County; and and WHEREAS, the property is located within the Leesburg Area Management Plan (LAMP) area; and WHEREAS, the AADPs provide for town review and comment of applicationswithin the LAMP area; WHEREAS, on September 26, 1994, the Council completed a review of this application. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The attached concerns are forwarded by the Town Council to the County of Loudoun Planning Commission in consideration of ZCPA 1994-0001, River Creek. SECTION II. The manager is hereby directed to transmit a copy of this resolution to the Loudoun County Planning Commission. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, and Webb Nay: None Absent: Councilmember Umstattd and Mayor Clem NEW BUSINESS 12.(h) MOTION On motion of Mr. Trocino, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-209 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR WOODLEA MANOR PHASE 2A 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 Woodlea Manor Phase 2A. SECTION II. The extension of municipal water and sewer for Woodlea Manor Phase 2A is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from NationsBank in the amount of $1,131,658.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Woodlea Manor Phase 2A. VOTE Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, and Webb None Councilmember Umstattd and Mayor Clem Mr. Buttery_ referenced Item 1 l(c) noting for the record that though there was no conflict, he and his wife own a parcel of land adjacent to the Union Court Subdivision. 12.0) co92794 -10- MOTION -On motion of Ms. Emswiller, seconded by Mr. Buttery, the following resolution was proposed and adopted. 94-2.10 - A RESOLUTION: AUTHORIZATION TO ISSUE A SIGN PERMIT FOR THE TOLLHOUSE PLAZA MONUMENT SIGN WHEREAS, on August 1, 1994 the Board of Architectural Review considered an application from the Toll House Center at 305 East Market Street to upgrade the appearance of the shopping center; and WHEREAS, the applicant proposes to build a new monument sign which will exceed the size requirements of the sign regulations in order to include a directory for the retail establishments; and WHEREAS, Section 10A-17 Comprehensive Sign Plan perr~its individual signs to exceed the size limitations if recommended by the BAR and authorized by Council; and WHEREAS, the BAR recommend approval of the increased size because of the existing topography of the site, and the determination the signage will not have a negative effect on the appearance of the H-2 Corridor. THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The zoning administrator is hereby authorized to issue a sign permit for the monument sign consistent with the recommendation of the Board of Architectural Review in case #BAR-94-59, and subject to the setback requirements in order to prevent interference with the sight visibility. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, and Webb Nay: None Absent: Councilmember Umstattd and Mayor Clem LEGISLATION This item was referred back to the October 4, 1994 Planning and Zoning Committee meeting. 12.(k) This item was referred back to the October 4, 1994 Planning and Zoning Committee meeting. NEW BUSINESS 12.(m) MOTION On motion of Mr. Atwell, seconded by Ms. Ems'wiRer, the following resolution was proposed and adopted. 94-211 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE ULTIMATE STORMWATER MANAGEMENT POND AT GREENWAY FARM 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 the Greenway Farm Regional Stormwater Management Pond. SECTION II. A corporate surety bond in a form approved by the town attorney from Safe, co Insurance Company in the amount of $1,454,100.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Greenway Farm Regional Stormwater Management Pond. VOTE Aye: Nay: Absent: Councilmembers AtwelL Buttery, Emswiller, Trocino, and Webb None Councilmember Umstattd and Mayor Clem co92794 - 11- Mr. Trocino recommended appointing a new Planning Commission resignation of Robert Altland. Mr. Atwell requested the position be advertised. MOTION On motion of, and duly seconded, the meeting was adjourned at 9:40 p.m. member immediately, due to the William F. Webb Vice-Mayor Clerk of Council co92794 -12-