HomeMy Public PortalAbout1995_07_25TOWN COUNCIL MEETING MINU'I~S OF JULY 25, 1995
A regular meeting of the Leesburg Town Council was held on July 25, 1995, 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 Emswiller
SALUTE TO THE FLAG was led by Councilmember Buttery
ROLL CALL
Councilmembers present
George F. Atwell
Frank J. Buttery, Jr.
Jewell M. Emswiller
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 Mason
Director of Planning, Zoning and Development Michael Tompkins
Chief of Police Keith Stiles
Zoning Administrator Scott Johnson
Deputy Town Attorney Deborah Welsh
Public Information Officer Susan Farmer
Detective William Potter
Detective Richard Frye
Secretary, Lisa Smith
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the special meeting minutes of June 26, 1995, and June
27, 1995 and the regular meeting minutes of July 11, 1995 were approved as written.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Abstain: Councilmember Atwell (special meeting minutes of June 26, 1995 and June 27, 1995)
CERTIFICATE OF APPRECIATION
Mayor Clem presented Certificates of Appreciation to Detectives William Potter and Richard Frye.
Mayor Clem introduced Chief Keith Stiles.
Chief Stiles,. "This is a perfect example of team work, when the community and police work together."
PETITIONERS
BJ.Webb, a resident of Leesburg and member of the Planning Commission, expressed dismay at the remarks
made at the July 11, 1995 Town Council meeting regarding the issue of the streets in Northeast Leesburg.
Ms. Webb assured the Town Council that the Planning Commission did not refuse to make a decision and
that the Planning Commission felt it was doing what the Council asked when the issue was returned to the
Council. "If an issue like this arises again, the Planning Commission will look differently at it." Ms. Webb
suggested a joint meeting of the Town Council and Planning Commission to discuss goals and objectives.
Randy Bozarth, a resident of Nickels Drive, presented a petition signed by Nickels Drive residents opposing
the guardrail recently placed on Nickels Drive. Mr. Bozarth requested a joint effort between the town and
Trafalgar to remove the rail.
Mr. Webb stated the guardrail was installed for safety reasons and asked that Mr. Brown look into it.
Mike Bower, a resident of Nickels Drive, expres~ ~ollf, ern that the residents were not notified in advance
about the erection of the gnardrail.
Robert Warfel, a resident of 309 Nickels Drive, spoke in opposition to the guardrail.
Melvin Glass, a resident of Nickels Drive, spoke in opposition to the guardrail.
Mike Walsh, a resident of 305 Nickels Drive, spoke in opposition to the guardrail and suggested a
compromise, including the addition of a hedge to camouflage the guardrail.
Mr. Trocino commented it would not be wise for the Town Council to cause removal of the guardrail for
liability reasons but suggested landscaping be considered in front of the rail.
Mr. Webb recommended that residents and the developer meet to come to a compromise.
Romain Fruge, a resident of 211 Davis Avenue, S.W., addressed the Town Council regarding the worn
condition of the equipment in the weight room at Ida Lee Park. He requested that it be replaced.
COUNCILMEMBER COMMENTS
Mr. Webb asked for an update on the parking situation at Loudoun House.
Mr. Brown stated the issue has been forwarded to Chief Stiles for resolution.
Mr. Buttery made no comment.
Ms. Umstattd thanked the petitioners for their comments tonight.
She suggested that a letter be sent from the full Council to the developer encouraging an agreement between
Nickels Drive residents and Trafalgar.
Mr. Trocino stated he has been working with Susan Farmer in an effort to develop better communication with
the citizens of the town through Internet.
Mr. Atwell made no comment.
Ms, Emswiller seconded Ms. Umstattd's remarks regarding a compromise between Nickels Drive residents and
the developer.
Ms. Emswiller appreciated BJ. Webb's comments and stated the Town Council would discuss the issue in
more detail in the future.
MAYOR'S REPORT
Mayor Clem referred to the Mayfair Drive situation as out of control. He stated one solution is to allow
parking until a permanent solution is in place.
He received a letter from the Dulles Greenway Corporation announcing a ribbon cutting ceremony marking
the opening the Dulles Greenway is scheduled for September 29, 1995 at 11 a.m.
While vacationing in Myrtle Beach, South Carolina, Mayor Clem noted the poor economy. He stated he has
learned from their mistakes and hopes to share this knowledge with the town's economic development staff.
MANAGER'S REPORT
Mr. Brown thanked the citizens of Nickels Drive for their comments this evening.
He summarized the Activity Report.
LEGISLATION
lO.(a)~(b)./c)./d)
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent and
unanimously adopted.
95-157 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMEN'I~ AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER
SECTION 6
CO 7/25/95 -2-
WHEREAS, Pulte-Home Corporation, the developer of Exeter Section 6, 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
WHERFAM~, Pulte Home Corporation was granted a one year time extension in September, 1994 and
work continues in this section; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements which primarily includes sidewalk, final paving and final grading; and
WHEREAS, a letter of credit from NationsBank in the amount of $167,625.63 was provided by the
developer to guarantee the installation of public improvements for Exeter Section 6; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $167,625.63
and recommends approval of a six month time extension to complete the remaining public improvements.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of six (6) months for the installation of public improvements is hereby
approved for Exeter Section 6.
SECTION II. The letter of credit from NationsBank in the amount of $167,625.63 is approved to
guarantee the installation of public improvements for Exeter Section 6.
95-158 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER
SECTION 7
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 7, 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, Pulte Home Corporation was granted time extensions in July, 1993 and September, 1994
and work continues in this section; and
WHEREAS, the developer has requested another one (1) year time extension to complete the public
improvements which primarily includes sidewalk, final paving and final grading; and
WHEREAS, a letter of credit from NationsBank in the amount of $1,048,311.00 was provided by the
developer to guarantee the installation of public improvements for Exeter Section 7; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $1,048,311.00
and recommends approval of a six month time extension to complete the remaining public improvements.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of six (6) months for the installation of public improvements is hereby
approved for Exeter Section 7.
SECTION II. The letter of credit from NationsBank in the amount of $1,048,311.00 is approved to
guarantee the installation of public improvements for Exeter Section 7.
95-159 - A RESOLUTION:ALrFHORIZING A TIME EXTENSION wrrH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE
GUARANTEE FOR WOODLEA MANOR PHASE 1
WHEREAS, Winchester Homes, the developer of Woodlea Manor Phase 1, has not completed all
the required public improvements in accordance with the approved construction drawings and town standards
within the one year period agreed to in the contract for public improvements; and
WHEREAS, the developer has requested a one year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $774,000 from Safeco Insurance Company of
America was provided by the developer to guarantee the installation of public improvements in Woodiea
Manor Phase I; and
WHEREAS, Town Council Resolution #94-99 adopted on May 10, 1994 approved the contract for
public improvements for a one year; and
CO 7/25/95 -3-
WHEREAS, the developer has not completed the final paving of the roads and recognizes the
importance of completing the roads and has set a proposed completion date of September 30, 1995; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $774,000 as
sufficient to complete the public improvements in Woodlea Manor Phase I; and
WHEREAS, the completion of the public improvements is a high priority of the town and the
developer should proceed with completion of the work as soon as possible.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from Safeco Insurance Company in the amount of $774,000
is approved to guarantee the installation of public improvements in Woodlea Manor Phase I.
SECTION II. A time extension to May 10, 1996 for completion of the public improvements is
approved with the condition that the final construction of the streets including all curb and gutter, sidewalks
and paving shall be completed by September 30, 1995.
SECTION III. Failure by the developer to meet the deadline established in the condition of Section
II will constitute a default under the contract. The developer may request additional time extensions if the
improvements are not completed due to factors beyond the developer's control.
SECTION IV. In the event the developer fails to meet the deadline established in Section II of this
resolution then the Town Manager is hereby authorized to declare the developer in default of its contract for
public improvements for Woodlea Manor Phase I and to request payment pursuant to the corporate surety
bond in the amount of $774,000 and to prepare and execute all required documents and undertake all
necessary actions to enforce all terms of said contract.
95-160 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN PARK VIEW ESTATES
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Park View Estates and certified that the value of work performed is
$303,796.35; and
WHEREAS, a letter of credit in the amount of $499,154.10 from Virginia First Savings Bank was
provided by the developer and approved by the Council to guarantee installation of public improvements for
Park View Estates.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Virginia First Savings Bank in the amount of
$499,154.10 is reduced by $303,796.35 to $195,357.75.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit funds
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 Park View Estates.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
I0.(e)
DISCUSSION
Mr. Tompkins presented the staff report.
Steve Stockman stated, historically the sign was used for advertising, therefore the owner should be entitled
to have his/her name on the front of the building.
Tom Jewell stated, the sign is not there by historic accident. He is proud of the sign. It is meant to remain
as a part of the package.
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted.
CO 7/'25/95 -4-
95-161 A RESOLUTION: TO UPHOLD THE DECISION OF THE BOARD OF
ARCHITECTURAL REVIEW APPROVING CASE BAR 95-48 FOR A REQUEST TO INSTALL
A SIGN ON THE PARAPET OF THE BUILDING AT 1 SOUTH KING STREET
WHEREAS, on June 5, 1995, the Board of Architectural Review approved an application to change
the name in the parapet of the building at 1 South King Street from W.W. Chamblin to S.W. Stockman; and
WHEREAS, the Board stated that changing the name did not erode the historical significance of the
building and would not be contrary to the purpose of the preservation ordinance; and
WHEREAS, the decision of the Board is consistent with the 1991 amendment to the zoning ordinance
which was meant to allow the reinstatement of the name on the building with the clarification that the building
has been known historically by more than one name and the reinstatement of a name in the parapet is the
character defining element of the building rather than the name itseff; and
WHEREAS, the BAR approval included a provision that the new name and future names are to be
used to identify the building and not be used as advertising for tenants; and
WHEREAS, the new name is architecturally compatible with the building and the sign space and
historically in keeping with the early 20th century renovation of the building.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
It is found that the decision of the Board of Architectural Review is not arbitrary and is not contrary
to law and the decision is affirmed.
DISCUSSION
Mr. Trocino stated he would abstain from voting on this item.
Mr. Webb stated the building was restored according to its historical significance, but no changes have been
made to the outside except for the sign itself. He commented the BAR felt the present owner should be
entitled to have his or her name on the building.
Mr. Buttery appreciated the wo~c~. Jewell and his firm did revamping the building. H~commented that
after reviewing the guidelines he wo~id support the resolution.
Ms. Emswiller stated it is important to support the commissions the Town Council appoints. She stated after
reviewing the issue, the BAR was correct in the action it took and she would support the resolution.
Mr. Atwell considered it the fight thing to do.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
Nay: None
Abstain: Councilmember Trocino
1040 was withdrawn.
DISCUSSION
Mr. Brown requested this issue be deferred to the August 8, 1995 Council meeting, adding that he would
provide an update at the July 28, 1995 special meeting.
Mr. Webb asked for the projected opening date of the school site?
Mr. Fletcher responded September, 1998.
Mr. Webb asked, what is the latest date that the school board could take possession of the property to have
it completed by September, 19987
Mr. Fletcher answered January, 1996.
This item was deferred to the Town Council meeting of August 8, 1995.
NEW BUSINESS
co 7/25/95 -5-
ll.(a)
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
95-162 A RESOLUTION: APPROVING A SUBSTITUTE PERFORMANCE GUARANTEE
FOR LEESBURG PARK
WHEREAS, Council Resolution #95-156 approved a corporate surety bond from the Westchester
Fire Insurance Company in the amount of $537,941.80 as security to guarantee installation of public
improvements, as shown on plans approved by the Director of Engineering and Public Works; and
WHEREAS, Pence-Friedel Developers, Inc., the owner of Leesburg Park, now wishes to provide a
corporate surety bond from the Liberty Mutual Insurance Company in place of the corporate surety bond from
the Westchester Fire Insurance Company and is requesting approval of the new performance guarantee; and
WHEREAS, the Director of Finance has approved the financial standing of Liberty Mutual.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond in a form approved by the town attorney from the Liberty
Mutual Insurance Company in the amount of $537,941.80 is approved in place of the corporate surety bond
from the Westchester Fire Insurance Company as security to guarantee installation of the public improvements
shown on the plans approved by the Director of Engineering and Public Works for Leesburg Park.
VOTE
Aye:
Nay:
SECTION II. Section III of Resolution #95-156 is hereby rescinded.
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem
None
MOTION
On motion of, and duly seconded, the meeting was adjourned at 8:45 p.m.
Clerk of Council
~mes E. Clem, Mayor
./Town of Leesburg
co 7/25/95 -6-