HomeMy Public PortalAbout1995_12_05SPECIAL MEETING MINUTES
DECEMBER 5, 1995
A special meeting of the Leesburg Town Council was held on Tuesday, December 5, 1995 at 6:00
p.m., in the Council Chambers, 25 West Market Street. Notice having been delivered to all
Councilmembers priorthereto. The purposes of the meeting were to conduct interviews of candidates
for various town boards and commissions, to discuss the River Creek Parkway and to approve a
performance guarantee for Kincaid Forest. The meeting was called to order by Mayor Clem.
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jeweil M. Emswiller
Joseph R. Trocino (absent)
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
Zoning Administrator Scott Johnson
Deputy Town Attorney Deborah Welsh
Mr. Brown pointed out that the River Creek Parkway is not ready for action. The plat needs to be
completed and recorded prior to Tuesday night's Council meeting. Mr. Brown asked that this be
deferred for discussion until the special meeting on Wednesday, December 6, 1995. He pointed out that
there is a possibility that the developer may not have this ready for tomorrow night as well.
Ms. Welsh explained that the town needed the record plat for the River Creek Parkway. She received
the plat late yesterday after 5:00 p.m. The plat was also delivered to one of the staff members at his
home. It has been reviewed. There are some comments which have to be addressed in order to be in
approvable form before the bond can be set and recorded. The developer has received the comments
and is addressing them. The town hopes another plat will be provided to the town tomorrow addressing
the comments. Once the plat is received the town can move forward.
Mayor Clem asked if there is an explanation of the delay? He stated the Town Council should not have
to consider this matter at the eleventh hour.
Ms. Welsh stated the town simply did not receive the plat. She stated staff can call Rick Lanham and
ask him.
Mayor Clem speaking for himself, told Ms. Welsh to tell Mr. Lanham that if it is not ready then the
Council will get to it when they can.
Ms. Welsh stated because of the way the proffers are now written for Potomac Station, she could not
recommend approving the amended proffers until this is recorded because this will take care of one of
the time frames on having access to the school site by way of Route 653 from Route 7.
Mr. Johnson presented the staff report for the performance guarantee for Kincaid Forest.
Mayor Clem asked if the homeowners association is aware of this?
Ms. Emswiller asked why the developer cannot complete the park before Phase II?
Mr. Johnson stated that the developer has Phase II ready to go. Everything is ready to be signed and
approved. According to the concept plan and the preliminary subdivision plat, the park had to be
completed with the end of Phase I. Staff is not approving the Phase II plans until such time something
happens with the park. Construction has not begun on the park. The developer says they need to
proceed with Phase II.
Mr. Pan~le, representing the developer, stating this matter has been before the homeowners association,
at their November meeting. They are pleased that a bond is being posted for the park to ensure
construction of the park. Within 90 days after the approval of the construction drawings, construction
will begin on the park. The park should be ready by late spring, early summer.
Ms. Emswiller stated the idea behind phasing is to do things in an orderly fashion. She asked what
happened to the park? Why didn't it get started in Phase I?
Mr. Pangle explained that the construction drawings were being worked on. Approximately 120 days ago,
the developer met with town staff. There was an interpretation of the proffer. The proffer listed a
number of items that the developer would accomplish. As part of that proffer, it states, at a cost not to
exceed $125,000.00. It was the developer's opinion that $125,000.00 would be the contribution towards
the park. When the structural fill was completed for the cul-de-sac that serves the park, it was widened
and the structural fill for the parking lot for the park was also accomplished. Sanitary sewer was installed
to the park, including water paths for the townhouses and to the park. The developer realized an
itemization cost of what had already been spent totalling $87,000.00. The developer asked staff to
determine what priorities the staff wanted the developer to complete with the balance of the money. It
was explained to the developer that the proffer had been misinterpreted. The $125,000.00 was just for
water and sewer extensions and that the other items had to be completed also. The developer realized
one of two things had to be done. Either go ahead with the construction drawings and agree to complete
all of the items in the proffer as per the town staff interpretation or come to the Town Council and ask
for a proffer interpretation. It was the developer's decision, based upon the importance of entering
Phase II, to spend the extra money to get the construction drawings. The developer's engineer met and
discussed this with Gary Huf~ Director of Parks and Recreation who accepted the plans and all items
in the proffer. Because the single-family and townhouse builders are experiencing a good sales pace the
developer did not want to slow them down. In early March the first set of construction plans for Phase
II were approved. A resolution was also adopted by the Town Council approving and accepting the plans
so that the developer could begin work without a bond as soon as the park was accomplished. As soon
as the proffer requirement was satisfied. The developer felt the fastest way to begin Section 9D of Phase
II was to prepare an appropriate bond that will ensure the construction of the park.
Ms. Emswiller stated, under the circumstances that Mr. Pangle just explained, she could accept the
developer moving forward with Phase II as long as the town has a contingency that the park is finished
by June 1, 1996.
Mr. Pangle stated he would rather have a certain period of time after the construction drawings are
approved. For some reason if the plans are not approved until April 31, 1996, there would be a rush to
get the park completed.
Ms. Emswiller stated, in that case the residents in Kincaid will not have a park all summer.
Mr. Panole stated, "it won't be because the developer has not tried to get it done. I have put up a bond
guaranteeing that it will be built. We can build it in 120 days, have it completed from the time the
construction drawings are approved."
Mayor Clem stated the land is prepared including the driveways and parking area.
Mr. Pangle stated the parking area is on grade. The gazebo area needs to be cleared. A gazebo with
restrooms will be built as well as a swing set, climbing area, handicap access and a trail connecting to the
W&OD bike trail.
MOTION
On motion of Mr. Webb, seconded by Ms. Emswiller, the following resolution was proposed and adopted
as amended.
95-242 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR COMPLETION OF A PUBLIC PARK WITHIN THE
KINCAID FOREST PLANNED RESIDENTIAL NEIGHBORHOOD
WHEREAS, in the approved rczoning plan for Kincaid Forest (ZM-110), the applicant proffered
to convey a 6.23-acre park and specific recreation facilities for completion with the first phase of
development; and
WHEREAS, First Potomac Development Company requests approval of a performance
guarantee for the public improvements in order to proceed with developing lots within the second phase
of the subdivision; and
WHEREAS, Section 13-92(a)(3) of the Subdivision and Land Development Regulations provides
the authority to accept bonding for improvements proffered as part of any zoning map amendment; and
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 for the
improvements shown on the construction plans under review by the Director of Engineering and Public
Works for the public park within Kincaid Forest.
SECTION II. The corporate surety bond in a form approved by the Town Attorney from the
American Motorist Insurance Company in the amount of $288,000.00 is approved as security to guarantee
installation of the public improvements shown on the construction plans under review by the Director
of Engineering and Public Works for the public park within Kincaid Forest.
SECTION III. The 6.23 acre park and specific recreation facilities in the Kincaid Forest Planned
Residential Neighborhood must be completed no later than June 1, 1996. If the construction drawings
are not approved by the town before February 1, 1996, then First Potomac Development Company may
request a time extension.
DISCUSSION
Ms. Emswiller stated the park has to be completed in 120 days after approval of the construction
drawings.
Mr. Buttery stated he liked that certainty but the problem is that it goes beyond what is in the original
motion of the end of the 1996 building year. If the construction drawings are not submitted or approved
until the end of the summer or early fall then we could be into 1997.
Mr. Pangle stated the sophistication of the drawings is not that much.
Mr. Mason stated Mr. Pangie could choose not to resubmit and it could go six months between
submissions pushing the date way back. The Council wants the park completed in a reasonable
timeframe. Mr. Pangie is saying the park can be built 120 days after the plans are approved but if the
plans are not approved until May, the June date does not work. Mr. Mason suggested the plans be
approved by a certain date. If time extensions are necessary because the plan does not get approved then
the Council can set new dates.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb and Mayor Clem
Nay: None
Absent: Councilmember Trocino
MOTION
On motion of, and duly seconded, the following motion was made.
Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg
Town Council convene in Executive Session. The authority for this Executive Session is found in Section
2.1-344 (a), Subsection (1) of the 1950 Code of Vir~nia, as amended. The purpose of this Executive
Session is to conduct interviews of candidates for various town boards and commissions.
Aye: Counciimembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: :None
MOTION:
On motion of, and duly seconded, the following resolution was proposed and adopted.
95-243 - RESOLUTION: CERTIFYING EXECUTIVE SESSION OF DECEMBER 5, 1995
WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in
Executive Session in accordance with an affirmative recorded vote of the Leesburg Town Council and
in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify
that to the best of each member's knowledge, 1) only public business matters lawfully exempted from
open meeting requirements under the Freedom of Information Act were discussed in the Executive
Session to which this certification applies; and 2) only such public business matters as were identified in
the Motion by which the said Executive Session was convened were heard, discussed or considered by
the Leesburg Town Council.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
On motion of, and duly seconded, the meeting was adjourned.
Clerk of Council
/ James E. Clem, Mayor
Town of Leesburg