HomeMy Public PortalAbout1996_02_13 (2)TOWN COUNCIL MEETING MINUTES OF FEBRUARY 13, 1996
A regular meeting of the Leesburg Town Council was held on February 13, 1996, at 7:30 p.m.,
in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order
by Mayor Clem.
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Planning Commission members present
Chairman Mervin Jackson
Mike Belles
Gus Glikas
Susan Rutherford
Blake Thompson
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Zoning Administrator Scott Johnson
Chief of Current Planning Lee Phillips
Chief of Police Keith Stiles
Lieutenant Chris Jones
Detective Joanna Parrott
Airport Manager Juan Rivera
Planner Marilee Seigfried
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the regular meeting minutes of January 16, 1996
and January 23, 1996 were approved as submitted.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
CERTI~CATE OF APPRECIATION
Mayor Clem and Chief Stiles presented a Certificate of Appreciation to Detective Corporal Joanna
Parrott.
PETITIONERS
Mr. Woody Turner, representing Loudoun Healthcare Inc., addressed the Council providing an update
of the proposed emergency healthcare facility. Future updates will be forthcoming.
Mr. Charles Massaro, owner of 309 Foxridge Drive, addressed the Council with regard to an underground
leak to the water service line on his property resulting in a water bill of $1,333.00. Mr. Massaro
requested an additional reduction of the water bill to less then $100.00.
Mayor Clem asked Mr. Brown to provide the Council with a report on Friday.
Mr. Al Furman, a resident in the Linden Hill Subdivision, addressed the Council in support of the
adoption of agenda item ll.(e).
Mrs. Sandra McKewn, a resident in the Foxridge Subdivision, addressed the Council with regard to the
installation of a sound barrier on Route 15 behind the subdivision. She cited sound, safety and soot as
concerns of many of the residents and requested assistance fi.om the Town Council.
Mr. Paul Reimers, representing PR Construction and Special Exception Application #95-07, stated that
he will resubmit revised plans reducing the number of lots to what is allowed under the bi-tight
regulations, if the neighboring residents have no objections.
7.a. PUBLIC HEARING: TO CONSIDER ADMINISTRATIVE ACTION ON FINAL PLANS AND
PLATS - Mr. Phillips presented the staff report.
Mr. Hubbard Turner, a resident in the Country Club Subdivision, cautioned the Town Council to not
speed up the process too much.
Mr. Buttery, referenced the change to Section 13-62 (4)(p) pointing out that this change is not referenced
in Section 13-70 (4)((p)), as well.
Mr. Phillips stated this was an oversight and will be corrected before approval of the ordinance.
Mr. Buttery questioned what would happen if a developer does not make the identifications on the
graphics - what kind of penalty is levied?
Mr. Phillips stated, as of today there are no penalties. The Tree Commission is focusing on enforcement
regarding tree preservation measures. The Tree Commission is also recommending the addition of an
arborist to the town's staff.
Mayor Clem closed the public heating. This matter was referred to the February 20, 1996 Planning and
Zoning Committee agenda for further consideration.
7.b. JOINT PUBLIC HEARING: TO CONSIDER ESTABLISHING A MA-MUNICIPAL AIRPORT
ZONING DISTRICT - Mr. Johnson presented the staff report.
Planning Commission Chairman Jackson presented two motions drafted by the Planning Commission for
the Town Council's consideration.
Mr. Hubbard Turner addressed the Council regarding the public hearing. Mr. Turner's written statement
is made a part of the official record.
Mr. Mike Fitzgerald, representing American Beechcraft, addressed the Council in support of the
proposed zoning and stated this is a crucial element for ABC's long term growth. Mr. Fitzgerald pointed
out that ABC has grown to 45 employees.
Mr. Anthony Scoville, representing Aerovest, addressed the Council in support of the proposed zoning.
Mr. John Blan, a nearby resident, asked if the Leesburg airport will remain at its current size.
Mayor Clem stated yes. It cannot get any bigger.
7.c. JOINT PUBLIC HEARING: TO CONSIDER REZONING APPLICATION #ZM-148 BY THE
TOWN OF LEESBURG - MA-MUNICIPAL AIRPORT ZONING DISTRICT - Mr. Johnson
presented the staff report.
Mr. Hubbard Turner addressed the Council regarding the public hearing. Mr. Turner's written statement
is made a part of the official record.
Mr. Al Furman, addressed the Council stating that he is not opposed to either of the propsoed
ordinances, however, he urged the Council to take into consideration the economic viability of the
Leesburg Airport and whether or not it pays for itself.
Mr. Gene Harrison, a member of the Search and Rescue Team, addressed the Council urging the
approval of both of the proposed ordinances.
Mr. Stanley Caulkins, Chairman of Leesburg Airport Commission, expressed the Commission's support
of the propsoed ordinances.
CO 2/13/96 -2-
COUNCILMEMBER COMMENTS
Ms. Emswiller thanked everyone for attending tonight's Council meeting to express their concerns and
opinions.
The LEDC held a roundtable meeting on February 12, which was well attended by approximately
55 energetic downtown merchants and citizens. It was a productive meeting.
Mr. Atwell attended the Balch Library Commission meeting held on February 12. He pointed out that
there were 1,000 additional users of the library in 1995 then there were in 1994.
· Renovation on the Balch Library will soon be underway.
· On August 3 and 4, a re-enactment of the First Battle of Manassas is planned at Ida Lee Park.
· The County Government Center is 79 percent complete.
Mr. Atwell urged the Town Council to express their concern about the speed limit on the bypass
and to try to have the posted speed limit reduced.
Mr. Atwell referenced staff's memo regarding the time schedule for the four intersection
improvements. He requested an estimated completion time for the installation and operation
of the traffic light at the intersection of Edwards Ferry Road and Plaza Street. He would like
to see the traffic light installed before the school year of September 1996.
As well as, South King Street and Evergreen Mill Road.
With regard to Mr. Turner's comments regarding the urgent care facility in Western Loudoun,
another meeting is scheduled on Thursday, February 22, at 5:30 p.m.
School site review - is an important issue. The Town Council needs to devote time in the near
future with the School Board and the Board of Supervisors to resolve what approach the town
is going to take.
Town Plan Review Schedule - In the past, the Town Council began holding meetings to
discuss the Council's concerns about the two most critical elements in the Comprehensive
Town Plan which is transportation and land use. Mr. Atwell referenced a letter dated
January 17, 1996 from the Planning Commission requesting a joint meeting with the
Town Council to provide direction to the Commission with regard to goals and objectives
for the coming year. This joint meeting has not been addressed in the town plan review
schedule. Mr. Atwell requested that this meeting be scheduled prior to the Planning
Commission submitting the town plan to the Council.
Mr. Trocino had not'comment.
Ms. Emswiller urged the Council to send a letter to the Federal Government in opposition to the change
of the zip code.
Ms. Umstattd thanked Officers Jones and Taylor for their efforts with the DARE Graduations. Ms.
Umstattd reminded everyone of the rescheduled DARE Graduations to be held at Leesburg Elementary
and Catoctin Elementary.
· Ms. Umstattd thanked WAGE Radio and their sponsorship with the Valentines to Bosnia and
everyone who was involved.
Mr Buttery commented on the posted speed limit at the intersection of Sycolin Road and the Route 15
Bypass stating this is one of the worst intersections in the town.
· Mr. Buttery asked that an emergency number be placed on the town's answering service.
· The public safety center is moving along. It will be a state-of-the-art facility.
Mr. Webb had no comment.
MAYOR'S REPORT
Mayor Clem thanked Judge Home for the tour of the courts complex.
CO 2/13/96 -3-
He too requested a status report on the traffic signal installation at Edwards Ferry Road and Plaza
Street.
MANAGER'S REPORT
Mr. Brown highlighted the Activity Report.
LEGISLATION:
11. (a) was referred to the Planning and Zoning Committee of February, 20~ 1996 for further
consideration and discussion.
11. (b)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Webb, the following ordinance was proposed and adopted.
96-0-04 - ORDINANCE - AMENDING SECTION 10-114 OF THE TOWN CODE TO AUTHORIZE
A CHANGE IN THROUGH TRUCK TRAFFIC ON EDWARDS FERRY ROAD FROM
PLAZA STREET TO E. MARKET STREET
WHEREAS, an Engineering and Traffic investigation was conducted by the Town of Leesburg
which substantiates the need to restrict trucks on Edwards Ferry Road from Plaza Street to E. Market
Street; and
WHEREAS, the investigation per the town's Policy and Procedures for restricting through trucks
in Leesburg revealed that effective alternate routes will accommodate large trucks on E. Market Street;
and
WHEREAS, Edwards Ferry Road fi'om Plaza Street to E. Market Street does not accommodate
wide trucks; and
WHEREAS, Section 10-114 of the Leesburg Town Code prohibits through trucks with a gross
vehicle weight exceeding 10,000 pounds within the town limits; and
WHEREAS, Section 46.2-100 of the State Code defines trucks with a registered gross vehicle
weight in excess of 7,500 pounds.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-114 of the Town Code is amended to read as follows:
Sec. 10-114. Certain through truck traffic prohibited.
(a) Except as provided below, it shall be unlawful for any person to operate a truck or
other vehicle with a gross vehicle weight exceeding !0,000 7,500 pounds on any street or
highway within the town.
(b) Paragraph (a) above does not apply to the following:
(1)
The operation of trucks or vehicles upon any street or
highway within the town where necessary to the conduct
of business at a point of destination or origin within the
town;
(2)
The operation of emergency vehicles upon any street or
highway within the town;
(3)
The operation of trucks or vehicles owned or operated
by the town, or agents of the town, public utilities, or
trucks owned or ;perated by the Virginia Department of
Highways and Transportation or its agents;
(4)
The operation of trucks or vehicles upon any officially
established detour within the town;
CO 2/13/96 -4-
(5)
The operation of trucks or vehicles upon the Route 7
Bypass and Route 15 Bypass.
~ In addition to the restrictions identified in paragraph (a) as modified by
paragraph (b) above, it shall be unlawful for any person to operate a truck or other
vehicle with a gross weight exceeding 7,500 pounds except as listed in 0aram'aoh (b)
above on Edwards Ferry Road between Plaza Street and E. Market Street unless the
origin or destination of the trip is on Edwards Ferry Road between Plaza Street and E.
Market Street or is only accessible from Edwards Ferry Road between Plaza Street and
E. Market Street.
SECTION II. The Town Manager shall clearly indicate by signs at the ends of road section
where trucks, other than those making local stops, are prohibited and authorizes the Leesburg Police
Department to enforce the proposed restriction.
SECTION III. This ordinance shall be effective February 26, 1996 and upon the placement of
appropriate signs indicating the through truck restrictions established herein.
SECTION IV. All prior ordinances and resolutions in conflict herewith are repealed.
VOTE:
Aye:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
11. (c)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Webb, the following ordinance was proposed and adopted.
96-0-05 - ORDINANCE - AMENDING SECTION 2-93 OF THE TOWN CODE REGARDING THE
POWERS AND DUTIES OF THE ENVIRONMENTAL ADVISORY COMMISSION
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nia as follows:
Section 2-93. Powers and Duties.
The Leesburg EAC shall have the following powers and duties:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
To adopt rules governing the conduct of its business and meetings.
To make recommendations for Council approval that it deems necessary to accomplish
its goals and which promote or protect the environmental interests of the Town.
To review significant Town Planning and policy documents periodically and provide
recommendations on updating its environmental element as needed.
To identify and pursue sources of funds for implementation of the commissioner's goals.
To administer an annual environmental awards program for conservation and
beautification projects and other environmentally-responsible efforts, encouraging
business and citizen participation.
At the request of the Planning Commission concurrently review plans for development
(e.g., rezoning plans, preliminary development plans) for potential environmental impacts
and provide comment to the Planning commission for incorporation within the Planning
commission's comments on the plans.
To internally conduct or recommend to Council commissioning of studies that address
the Town's environmental concerns.
To interface with representatives of the Town and/or neighboring jurisdictions to collect
information on environmental issues of interest to the Town.
To coordinate with and provide liaison as needed with the Planning Commission, Tree
Commission and the Board of Architectural Review.
CO 2/13/96 -5-
(10)
To initiate, facilitate, plan, direct and/or coordinate community-wide efforts that are
supportive of the Commission's goals. Such efforts may include coordination with local
volunteer, private and government organizations.
(11) To otherwise promote public interest in the general improvement of the environment.
(12)
To review its powers and duties periodically and revise them to meet the changing
environmental needs of the Town.
Mr. Atwell re-emphasized that the Council missed an opportunity of dealing in a legislative process, a
matter that should have been dialogue between the Council and all of the EAC commission members
rather than just the Chairman presenting this before the Council. Mr. Atwell stated he will vote in favor
of this amendment but he has reservations.
VOTE:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
ll.
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
96-20 RESOLUTION DENYING SPECIAL EXCEPTION APPLICATION #SE-95-07
KIRKPATRICK CLUSTER SUBDIVISION
WHEREAS, P.R. Construction & Development has requested special exception approval to
create a cluster subdivision in the R-4 zoning district at the southeast comer of Ayrlee Avenue and
Morven Park Road; and
WHEREAS, a cluster subdivision is a special exception use in the R-4 zoning district; and
WHEREAS, the Planning Commission recommended denial of this application on December 14,
1995; and
WHEREAS, on January 23, 1996, the Town Council held a public hearing on this application;
and
WHEREAS, the proposed cluster subdivision is not compatible with the surrounding
neighborhood.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Special exception application #SE-95-07 Kirkpatrick Cluster Subdivision is hereby denied.
VOTE:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
11. (e)
MOTION
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolution was proposed and
adopted.
96-21 - RESOLUTION - AUTHORIZING A TIME EXTENSION WITH CONDITIONS FOR
COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE
GUARANTEE FOR LINDEN HILL PHASE II
WHEREAS, Linhab Development Company, the developer of Linden Hill Phase II, 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
previously approved time extension adopted by Town Council on January 10, 1995 by Resolution #95-7;
CO 2/13/96 -6-
and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, installation of streets lights is a high priority for the residents and the Town Council;
and
WHEREAS, a corporate surety bond in the amount of $58,985.71 from the Fidelity and Deposit
Company of Maryland was provided by the developer to guarantee the installation of public
improvements in Linden Hill Phase II; and
WHEREAS, the developer has received a proposal from Virginia Power to install street lights.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the Fidelity and Deposit Company of Maryland
in the amount of $58,985.71 is approved to guarantee the installation of public improvements in Linden
Hill Phase II.
SECTION II. A time extension to July 10, 1996 for completion of the public improvements is
approved with the following conditions:
Linhab Development Company shall provide to the
Town Manager within 7 days of the adoption of this
resolution proof of payment of $4,846.79 to Vir~nia
Power for the street lights.
Sidewalks shall be installed, not later than May 31, 1996,
within all lots on which houses are currently completed
and have received a certificate of occupancy.
Sidewalks shall be installed prior to the issuance of a
certificate of occupancy for all remaining lots within the
development.
Final street paving shall be completed within 60 days of
the date all units have received a certificate of
occupancy.
SECTION III. Failure by the developer to meet any of the deadlines established in the
conditions 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. The conditions of this resolution shall be incorporated as amendments to the
contract for installation of the public improvements for Linden Hill Phase II.
SECTION V. In the event the developer fails to meet any of the deadlines 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 the Linden Hill Phase II Subdivision and to request payment
pursuant to the corporate surety bond from the Fidelity and Deposit Company of Maryland in the
amount of $58,985.71 and to prepare and execute all required documents and undertake all necessary
actions to enforce all terms of said contract.
VOTE:
Nay:
Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
None
11. (f) throu~.h (w)
MOTION
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolutions were proposed as
consent items and adopted.
CO 2/13/96 -7-
96-22 - RESOLUTION - OF AGREEMENT WITH LOUDOUN COUNTY TO EXTEND THE
DEADLINE FOR REVIEW OF THE ANNEXATION AREA DEVELOPMENT POLICIES
WHEREAS, the County of Loudoun and the Town of Leesburg have adopted an Annexation
Agreement and Annexation Area Development Policies (AADPs) dated November 15, 1982; and
WHEREAS, the adopted AADPs require they be reviewed at least once every five years through
the life of the moratorium on Town transition; and
WHEREAS, the second comprehensive review is specified in the current AADPs as occurring
not later than December 31, 1995; and
WHEREAS, the Town of Leesburg has initiated and expects to complete an update of its Town
Plan in 1996; and
WHEREAS, the Town Plan update may affect numerous policies contained in the AADPs; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
With the concurrence of the Board of Supervisors of Loudoun County, the Council agrees to
extend the deadline for completing a review of the Annexation Area Development Policies to July 1,
1997. The current Annexation Area Development Policies, dated November 7, 1991 with subsequent
amendments, will remain in effect until a comprehensive review is completed and an update is mutually
adopted.
96-23 - RESOLUTION - APPROVING THE VACATION OF A SANITARY SEWER EASEMENT
ON THE LANDS OF THE ALLMAN LIMITED PARTNERSHIP, TAX MAP 47 ((13))
PARCELS A2 AND A3
WHEREAS, Allman Family Limited Partnership has requested the 20' sanitary sewer easement
be vacated as shown on the plat entitled "VACATION OF EXISTING SANITARY SEWER
EASEMENT THRU THE PROPERTY OF ALLMAN FAMILY LIMITED PARTNERSHIP"
prepared by Dewberry and Davis; and
WHEREAS, the initial 20-foot sanitary sewer easement will conflict with the buffer yard and
screening requirements associated with the future development of the property; and
WHEREAS, the sanitary sewer has been installed within an alternative 20-foot sanitary sewer
easement that has been recorded which is not in conflict with the buffer yard and screening requirements
associated with the future development of the property:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The vacation of the 20-foot sanitary sewer easement as shown on the plat entitled "VACATION
OF EXISTING SANITARY SEWER EASEMENT THRU THE PROPERTY OF ALLMAN FAMILY
LIMITED PARTNERSHIP", prepared by Dewberry and Davis, dated December 19, 1995, is hereby
approved.
96-24 - RESOLUTION - APPROVING THE VACATION OF A STORM DRAINAGE EASEMENT
ACROSS LOTS 32 AND 33 IN SECTION 1 OF OLD WATERFORD KNOLL, TAX MAP 39,
PARCEL 27 (IN PART)
WHEREAS, Richmond American Homes of Virginia has requested the 15-foot storm drainage
easement be vacated as shown on the plat entitled "EASEMENT PLAT SHOWING 15' STORM
DRAINAGE EASEMENTAND VACATION OF A PORTION OF EXISTING STORM DRAINAGE
EASEMENT ACROSS THE PROPERTY OF LOTS 32 AND 33 SECTION 1 OLD WATERFORD
KNOLL" (File TM# 39-27), prepared by Paciulli, Simmons & Associates, Ltd.; and
WHEREAS, a portion of the 15' storm drainage easement was incorrectly located and
recorded on the plat and is not necessary and a relocated storm drainage easement has been
proposed on the revised plat:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The vacation of the 15' storm drainage easement as shown on the plat entitled"
EASEMENT PLAT SHOWING 15' STORM DRAINAGE EASEMENT AND VACATION OF A
PORTION OF EXISTING STORM DRAINAGE EASEMENTACROSS THE PROPERTY OF LOTS
32 AND 33 SECTION 1 OLD WATERFORD KNOLL" (File TM# 39-27), prepared by
Paciulli, Simmons & Associates, Ltd.,dated October 11, 1995, is hereby approved.
96-25 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR FORT
BEAUREGARD TOWNHOUSES
CO 2/13/96 -8-
WHEREAS, F & M Bank - Winchester, the developer of Fort Beauregard Townhouses, 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 six (6) month time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $67,500.00 from F & M Bank - Massanutten of
Harrisonburg, Virginia was provided by the developer to guarantee the installation of public
improvements for Fort Beauregard Townhouses; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$67,500.00 to guarantee installation of the remaining public improvements for Fort Beauregard
Townhouses.
THEREFORE, RESOLVED by the Council of thc 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 Fort Beauregard Townhouses.
SECTION II. The letter of credit from the F & M Bank - Massanutten in the amount of
$67,500.00 is approved to guarantee the installation of public improvements for Fort Beauregard
Townhouses.
96-26 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR EXETER
SECTION 4
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 4, 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 six (6) month time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $1,296,502.00 from NationsBank was provided
by the developer to guarantee the installation of public improvements for Exeter Section 4; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$1,296,502.00 to guarantee installation of the remaining public improvements for Exeter Section 4.
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 4.
SECTION II. The letter of credit from NationsBank in the amount of $1,296,502.00 is approved
to guarantee the installation of public improvements for Exeter Section 4.
96-27 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR EXETER
SECTION 6
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
WHEREAS, the developer has requested a six (6) month time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $167,625.63 from NationsBank 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 to guarantee installation of the remaining public improvements for Exeter Section 6.
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.
CO 2/13/96 -9-
96-28 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTSAND 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, the developer has requested a six (6) month time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $1,048,311.00 from NationsBanic 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 to guarantee installation of the remaining public improvements for Exeter Section 7.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia 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.
96-29 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN LEESBURG PARK
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Leesburg Park and certified that the value of work performed is
$470,699.08; and
WHEREAS, a corporate surety bond in the amount of $537,941.80 from Liberty Mutual
Insurance Company was provided by the developer and approved by the Council to guarantee installation
of public improvements for Leesburg Park.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from Liberty Mutual Insurance Company in the amount
of $537,941.80 is reduced to $67,242.72.
SECTION II. The Town Manager shall notify the developer that liability for the corporate surety
bond 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 Leesburg Park.
96-30 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GU~E FOR
GREENWAY FARM SECTION 3
WHEREAS, Trafalgar House Residential, the developer of Greenway Farm Section 3, 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 six (6) month time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $185,600.00 from American Home
Assurance Company was provided by the developer to guarantee the installation of public improvements
for Greenway Farm Section 3; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$185,600.00 to guarantee installation of the remaining public improvements for Greenway Farm Section
3.
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 Greenway Farm Sc~ction 3.
SECTION II. The corporate surety bond from American Home Assurance Company in the
amount of $185,600.00 is approved to guarantee the installation of public improvements for Greenway
Farm Section 3.
CO 2/13/96 -10-
96-31 - RESOLUTION- AUTHORIZING A TIME EXTENSION FO R INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
STONEGATE PHASE I, SECTION 4
WHEREAS, Trafalgar House Residential, the developer of Stonegate Phase I, Section 4, 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) time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $336,000.00 from American Home
Assurance Company was provided by thc developer to guarantee the installation of public improvements
for Stonegate Phase I, Section 4; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$336,000.00 to guarantee installation of the remaining public improvements for Stonegate Phase I,
Section 4.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improvements is
hereby approved for Stonegate Phase I, Section 4.
SECTION II. The corporate surety bond from American Home Assurance Company in the
amount of $336,000.00 is approved to guarantee the installation of public improvements for Stonegate
Phase I, Section 4.
96-32 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
STONEGATE CHANNEL IMPROVEMENTS
WHEREAS, Trafalgar House Residential, the developer of Stonegate Channel Improvements,
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 six (6) month time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $24,816.00 from American Home
Assurance Company was provided by the developer to guarantee the installation of public improvements
for Stonegate Channel Improvements; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$24,816.00 to guarantee installation of the remaining public improvements for Stonegate Channel
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 Stonegate Channel Improvements.
SECTION II. The corporate surety bond from American Home Assurance Company in the
amount of $24,816.00 is approved to guarantee the installation of public improvements for Stonegate
Channel Improvements.
96-33 - RESOLUTION - AWARDING A CONTRACT FOR THE REVIEW OF ENGINEERING
CONSTRUCTION DRAWINGS TO POST, BUCKLEY, SCHUH AND JERNIGAN, INC.
WHEREAS, the town currently has a contract with the engineering firm of William H. Gordon
Associates for the review of construction drawings and engineering plans; and
WHEREAS, a second plan review consultant is needed to review the plans prepared and
submitted to the town by William H. Gordon Associates as well as other plans; and
WHEREAS, proposals were received in November 1995 from engineering consulting firms in
response to the Request for Proposals (RFP) issued by the town for the review of construction drawings;
and
WHEREAS, the selection committee, evaluated the proposals, prepared a shortlist of firms and
interviewed each of the shortlisted firms; and
CO 2/13/96 -11-
WHEREAS, the firm of Post, Buckley, Schuh and Jernigan, Inc., was selected as the top ranked
firm; and
WHEREAS, the selection committee recommends award of a plan review contract to Post,
Buckley, Schuh and Jernigan, Inc.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized to sign on behalf of the town a contract in a form
approved by the Town Attorney for the review of engineering plans and construction drawings with Post,
Bucldey, Schuh and Jernigan, Inc.
96-34 - RESOLUTION - AUTHORIZING THE EXECUTION OF A DEED OF GIFT TO
LOUDOUN HOUSE LIMITED PARTNERSHIP
WHEREAS, by resolution adopted September 12, 1995, the Council for stated reasons agreed
to sell portions of Plaza Street Park to Loudoun House Limited Partnership and authorized the
advertisement of the property by the Town Manager and acceptance of bids for said Parcel A of Plaza
Street Park; and
WHEREAS, since adoption of this resolution, the Council has been advised that there is no legal
requirement for such advertisement and requesting bids since the Council proposes to convey the park
to Loudoun House Limited Partnership and does not deem it in the public interest to offer this land to
competitive bidding and determines that the partnership is the only entity that it would consider as
acceptable to continue the purpose of the park:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
The resolution of September 12, 1995, be and the same is repealed and the Mayor is authorized
to execute a Deed of Gift to Loudoun House Limited Partnership which contains the conditions and
reverter provision set forth in the draft Deed of Gift attached hereto and made a part of this resolution.
The Town Manager will advise the Council when the transaction has been finalized.
The execution of the deed shall be authenticated in the name of the Town in accordance with
Section 2-3 of the Code of Virginia.
96-35 - RESOLUTION ACCEPTING STORM DRAINAGE, SANITARY SEWER AND
WATERLINE IMPROVEMENTS INSTALLED IN PUBLIC ROAD RIGHTS-OF-WAY
ADJACENT TO THE LOUDOUN COUNTY GOVERNMENTALCENTER ON HARRISON
STREET
WHEREAS, it was necessary to relocate an existing storm drainage box culvert and an existing
sanitary sewerline in order for construction of the Loudoun County Governmental Center on Harrison
Street to start; and
WHEREAS, a new waterline was needed to provide the proper size water service for fire
protection and domestic use at the Loudoun County Governmental Center; and
WHEREAS, the storm drainage, sanitary sewer and waterline improvements needed at the
Loudoun County Governmental Center were installed by Gilbane Development Associates, L.C. in
accordance with the terms of the Letter of Understanding dated November 8, 1994; and
WHEREAS, the town has reimbursed Gilbane Development Associates, L.C., $653,941.35 for
the work performed and is holding $72,660.15 as retainage; and
WHEREAS, Gilbane Development Associates, L.C., has requested that the town accept the
completed improvements and release the retainage with a one-year warranty beginning on July 12, 1995
for defects in materials and workmanship; and
WHEREAS, a portion of the completed storm drainage improvements is within the Loudoun
County Governmental Center site and will be exposed to potential damage by building construction
activities until the project is completed; and
WHEREAS, the Department of Engineering and Public Works recommends that the sanitary
sewer, waterline and storm drainage improvements be accepted effective August 1, 1995 except for the
portion of the storm drainage improvements within the Loudoun County Governmental Center site; and
WHEREAS, the Department of Engineering and Public Works also recommends that $14,168.73
in retainage continue to be held until the storm drainage improvements within the Loudoun County
Governmental Center site are accepted by the town after building construction is completed.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
CO 2/13/96 -12-
SECTION I. The sanitary sewer, waterline and storm drainage improvements installed by
Gilbane Development Associates, L.C., for the town within thc fights-of-way of East Market Street,
Harrison Street, East Loudoun Street and Church Street arc hereby accepted as of August 1, 1995
contingent upon delivery of a properly executed instrument conveying unto thc town all such
improvements frcc of any liens, encumbrances, charges or mechanics liens, potential or otherwise.
SECTION II. Thc Town Manager is authorized to release $58,491.42 of retainagc to Gilbane
Development Associates, L.C., upon approval by the Deputy Town Attorney of the executed instrument
identified in Section I.
96-36 - RESOLUTION - AUTHORIZING A PUBLIC NOTICE FOR ESTABLISHMENT OF A CIP
PROJECT AND PRO-RATA FOR THE EAST LEESBURG WATER TRANSMISSION
MAIN
WHEREAS, it is the Council's intent to revise the adopted 1996 - 2000 CIP and establish a new
Capital project for construction of a 16" water transmission main extending from Fort Evans Road to the
south side of Route 7; and
WHEREAS, construction of the East Leesburg Water Transmission Main will insure a reliable
and adequate source of water to the town's Water Pollution Control Facility, existing customers and the
proposed development of properties including Lee Center, Tuscarora Business Park, Twin Lakes,
Establishment Forrestier, Leegate, Potomac Station, and the proposed Middle School;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby directed to publish a "Notice of Intent~ to establish a CIP project
and pro-rata for construction of the East Leesburg Water Transmission Main in the Leesburg Today, and
to provide written notification to the Northern Vir~nia Building Industry Association (NVBIA) and
property owners effected by adoption of the proposed pro-rata.
96-37 - RESOLUTION - WAIVING RENTAL FEES AT THE IDA LEE RECREATION CENTER
FOR THE YMCA OVERNIGHT LOCK-IN
WHEREAS, the YMCA has requested a waiver of the rental fees for the use of Ida Lee
Recreation Center for their overnight lock-in February 1996; and
WHEREAS, the event is scheduled after normal operating hours and requires fees be paid to
cover rental charges of $1,075.00 and staff costs of $422.00 for a total of $1,497.00; and
WHEREAS, the YMCA has requested a waiver of the rental fees of $1,075.00; and
WHEREAS, the Town Council Finance Committee recommended waiving the rental costs by
a vote of 3-0:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is hereby authorized to waive the rental costs of $1,075.00.
SECTION II. The YMCA is required to pay all staff costs of $422.00 for the event.
96-38 - RESOLUTION - AWARDING A CONTRACT FOR PAINTING THE SOUTH KING
STREET BRIDGE OVER TUSCARORA CREEK, AND MAKING AN APPROPRIATION
. TO COMPLETE THE FUNDING FOR THE WORK
WHEREAS, the Capital Improvement Program includes a project for painting the substructure
of the South King Street Bridge over Tuscarora Creek; and
WHEREAS, sealed bids for the work were solicited by local public advertisement and from a
Virginia Department of Transportation approved list of contractors approved for bridge and structure
painting, and four bids were received on January 5, 1996; and
WHEREAS, the bids were evaluated pursuant to the bid documents and the town's Purchasing
Policy; and
WHEREAS, Megaco, Inc. of Alexandria, Vir~nia submitted the lowest bid of $63,000, and was
declared to be responsive and responsible; and
and
WHEREAS, a balance of $35,667.87 remains in budget Account 902-9225-300-300 for the work;
WHEREAS, additional funds in the amount of $32,000, including an allowance of 5% for
contingencies, are required to fund the work.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
CO 2/13/96 -13-
SECTION I. The Town Manager is authorized to execute, on behalf of the town, a lump sum
contract with Megaco, Inc. in the amount of $63,000 for the South King Street Bridge over Tuscarora
Creek project.
SECTION II. An appropriation in the amount of $32,000 is made to budget account 902-9225-
300-300 from the unappropriated general fund to fund the work.
96-39 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE THE LEASE FOR THE
MIDGET KITCHEN
WHEREAS, Resolution No. 94-238 adopted by Council on November 9, 1994, awarded the use
of the former Mighty Midget Kitchen to Gordon MacDowell and MacDowell Companies; and
WHEREAS, the Finance Committee has reviewed and agreed with the terms of the proposed
lease.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Mayor is hereby authorized to execute the enclosed lease between the town and Gordon
MacDowell regarding the former Mighty Midget Kitchen.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Trocino from 11. (m), (n), (o) and (p)
NEW BUSINESS:
Discussion on the parking situation at Market Station was referred to the February 20, 1996
Administration and Public Works Committee agenda.
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m.
Clerk of Council
mes E. Clem, Mayor
CO 2/13/96 -14-