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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-