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Home My Public Portal About1996_04_23TOWN COUNCIL MEETING MINUTES OF APRIL 23, 1996 A regular meeting of the Leesburg Town Council was held on April 23, 1996, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Vice- Mayor Wcbb. 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 (absent) Staff members present Town Manager Steven C. Brown Acting Town Manager Gary Huff Director of Planning, Zoning and Development Michael Tompkins Planner Kristie Lalire Deputy Town Attorney Deborah Welsh · Town Clerk Barbara Markland PROCLAMATION/CERTIFICATES OF APPRECIATION MOTION: On motion of Ms. Umstattd, seconded by Mr. Trocino, the tbllowing proclamation was proposed and adopted. Heritage Tourism Weeks May 4-19, 1996 WHEREAS, from May 4-19, 1996, the Commonwealth of Virginia will celebrate Virginia Heritage Tourism Weeks; and WHEREAS, the Loudoun Tourism Council is coordinating this celebration in Leesburg and Loudoun County to encourage residents and visitors to visit our heritage sites and to stimulate tourism; and WHEREAS, during this two-week period more than 30 events will be held in and around Leesburg to draw attention to our historic resources. THEREFORE, be it resolved that the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim May 4-19, 1996 as Heritage Tourism Weeks in Leesburg and encourage all citizens to take advantage of the events occurring during this celebration. VOTE: Aye: Nay: Absent: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb None Mayor Clem CERTIFICATES OF APPRECIATION: Mr. Brown presented Certificates of Appreciation to Mr. Steven Layman and Mr. Lee Daniel Kent. PETITIONERS Mr. Bob Carter, representing the Virginia Department of Historic Resources, gave a presentation on the Certified Local Government Program. This matter was referred to the May 8, 1996 Administration and Public Works Committee for further consideration. Mr. Frank Ratio, addressed the Town Council requesting assistance with the growing graffiti problem in the town. This matter was referred to tile May 8, 1996 Administration and Public Works Committee for further consideration. Judge Archibald Aiken a resident on Cornwall Street congratulated the Town Council for their actions on slowing down the process for the courts complex. Mr. Greg Adams, urged the Town Council to vote no on the proposed tax increase. Mr. Jim Reed Troop 982 Boy Scout leader congratulated Steven Layman on his efforts for receiving the Certificate of Appreciation. Mr. Bob Primack, a resident of 217 Shenandoah Street, requested that the Tuscarora Creek project be removed from the CIP and that the Sycolin Road bridge not be destroyed. Mr. Drew Dixon, a resident of Shenandoah Street, also requested that the Council seriously consider removing the Tuscarora Creek Improvement project from the CIP. Mr. Charles Kaster, a resident of Fort Evans Road, apologized to the Town Council if he had previously offended anyone during discussions regarding Cablevision of Loudoun. Mr. Kaster stated residential growth in a town is in the best interest of Cablevision because of the amount of money Cablevision receives for cable installation in each home. Mr. Webb asked that agenda item 11.(i) be deferred due to the Mayor's absence. PUBLIC HEARING: To consider Special Exception Application #SE-96-01 Mobil Service Station - Ms. Seigfried presented the staff report. No public comment was received. The public hearing was closed. MOTION: On motion of Mr. Trocino, seconded by Ms. Umstattd, the following ordinance was proposed and adopted. 96-0-11 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-96-01 MOBIL SERVICE STATION BY MOBIL OIL CORPORATION WHEREAS, Mobil Oil Corporation has requested special exception approval to relocate and expand an existing Mobil Service Station at 615 East Market Street; and WHEREAS, the property is located in tile B-2 Established Corridor Commercial Zoning District; and WHEREAS, A service station is a special exception use in the B-2 zoning district; and WHEREAS, on April 4, 1996, the Planning Commission recommended conditional approval of special exception application #SE-96-01 Mobil Service Station; and WHEREAS, on April 23, 1996, the Town Council held a public hearing on this application; and WHEREAS, the proposed use meets the general review criteria set forth in the special exception regulations of the zoning ordinance; and THEREFORE, ORDAINED by Council of tile Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-96-01 Mobil Service Station by Mobil Oil Corporation identified as Tax Map 48 Parcel 89B in the land records of Loudoun County and as shown on the Concept Plan prepared by Tyree Consulting Company dated January 17, 1996 is hereby approved together with a modification to Section llA-7(12)a of the Zoning Ordinance for non-automotive accessory retail sales comprised of approximately 1,773 square feet in area, subject to the following conditions: Development of the site is in general conformity with the special exception concept plan prepared by Tyree Consulting Company dated January 17, 1996. CO 4/23/96 -2- 2. Development of the site is subject to review and approval of the Board of Architectural Review. SECTION II. Approval of the special exception concept plan does not authorize modifications to any other requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance except as specifically set forth in this ordinance. VOTE: SECTION III. This ordinance shall be in effect upon its passage. Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem COUNCILMEMBER'S COMMENTS Mr. Buttery had no comment this evening. Ms. Umstattd congratulated a Leesburg resident who ran in the Glenn Brenner 5K Race and who came in second place. Mr. Trocino agreed that the Sycolin Road bridge should be preserved. He believes the Council should work towards keeping the tax rate where it is. Mr. Atwell had no comment this evening. Ms. Emswiller thanked all of the citizens for attending this evening's Council meeting. MAYOR'S REPORT Mr. Webb thanked Boy Scout Troop 982 for their appearance at tonight's meeting. Mr. Webb agreed with the comments made regarding preserving the Sycolin Creek bridge. MANAGER'S REPORT Mr. Brown briefly highlighted the Activity Report and gave a slide presentation of the proposed budget. LEGISLATION 11. (b), (c), (d), (e), (f), (g), (h) MOTION: On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolutions were proposed as consent items and adopted. 96-72 - RESOLUTION - AUTHORIZING AN EXTENSION FOR COMPLETION OF A PUBLIC PARK WITHIN THE KINCAID FOREST PLANNED RESIDENTIAL NEIGHBORHOOD WHEREAS, in the approved rezoning plan for Kincaid Forest (ZM-110), the applicant proffered to convey a 6.23-acre park and specific recreation facilities to be completed with the first phase of development; and WHEREAS, Council approved Resolution 95-242 on December 5, 1995, and accepted a performance guarantee for the public park located in Kincaid Forest Planned Residential Neighborhood; and WHEREAS, the applicant, First Potomac Development Company has diligently pursued the submittal of plans for the park; and WHEREAS, a subsequent redesign of the park was necessary in order to address safety concerns raised by the Department of Parks and Recreation. The resubmittal delayed the applicant in receiving approval by February 1, 1996: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: CO 4/23/96 -3- An extension to the park completion date contained in Resolution 95-242 is hereby modified to read no later than September 1, 1996, or 120 days after approval of the construction plans, whichever occurs first. This extension is subject to the continued due diligence of the applicant in making corrections to the plans. 96-73 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMP ROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 3 WHEREAS, Pulte Home Corporation, the developer of Exeter 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 previously approved time extensions; 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 $303,051.00 from the NationsBank was provided by the developer to guarantee the installation of public improvements for Exeter Section 3; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $303,051.00 to guarantee installation of the remaining public improvements for Exeter 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 Exeter Section 3. SECTION II. The letter of credit from the NationsBank in the amount of $303,051.00 is approved to guarantee the installation of public improvements for Exeter Section 3. 96-74 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 11 WHEREAS, Globe USA, Inc., the developer of Exeter Section 11, 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 extensions; 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 $243,800.00 from the District of Columbia Riggs National Bank, confirmed by Riggs National Bank of Virginia was provided by the developer to guarantee the installation of public improvements for Exeter Section 11; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $243,800.00 to guarantee installation of the remaining public improvements for Exeter Section 11. 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 11. SECTION II. The letter of credit from the District of Columbia Riggs National Bank, confirmed by Riggs National Bank of Virginia in the amount of $243,800.00 is approved to guarantee the installation of public improvements for Exeter Section 11. 96-75 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE TAVISTOCK FARMS PLANNED DEVELOPMENT WHEREAS, Arcadia Building Company, the developer of the Tavistock Farms Planned Development, has not completed all the required public improvements in various sections in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements; and CO 4/23/96 -4- WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, corporate surety bonds from American Home Assurance Company were provided by the developer to guarantee the installation of public improvements for the following sections: Section 1 - Section 3 - Section 4 - Section 5 - Section 6 - Section 7 - Section 9 - Section 10- Section 11 & 12 - Section 13,19,20 & 21 - Section 14- Section 18 - Offsite Waterline - $180 000.00 $ 4O 000.00 $122 400.00 $117 498.00 $200 556.00 $400 000.00 $ 38 580.00 $725 403.00 $882,694.00 $163,800.00 $230,879.0O $256,004.00 $ 50,663.00 WHEREAS, the Director of Engineering and Public Works has approved these amounts to guarantee installation of the remaining public improvements in these various sections. 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 Sections 1, 3, 4, 5, 6, 7, 9, 10, ll&12, 13, 19, 20 & 21, 14, 18, and the Offsite Waterline. SECTION II. The corporate surety bonds from the American Home Assurance Company in the amounts listed above are approved to guarantee the installation of public improvements in the Tavistock Farms Planned Development. 96-76- RESOLUTION- MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN GREENWAY FARM SECTION 6 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Greenway Farm Section 6 and certified that the value of work pertbrmed is $468,470.00; and WHEREAS, a corporate surety bond in the amount of $540,000.00 from the American Home Assurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Greenway Farm Section 6. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Home Assurance Company in the amount of $540,000.00 is reduced to $71,530.00. SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond 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 Greenway Farm Section 6. 96-77 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION lA 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 Potomac Station iA Water and Sanitary Sewer Lines. SECTION II. The extension of municipal water and sewer for Potomac Station lA Water and Sanitary Sewer Lines is approved in accordance with Sections 15-9 and 19-18 of the Town Code. CO 4/23/96 -5- SECTION III. A corporate surety bond in a form approved by the town attorney from Seaboard Surety Company in the amount of $242,202.30 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works. 96-78 - RESOLUTION- RESCHEDULING THE MAY 7, 1996 COMMITTEE MEETINGS TO MAY 8, 1996 WHEREAS, it is the desire of the Leesburg Town Council to reschedule the May 7, 1996 Planning and Zoning, Administration and Public Works and Finance Committee meetings to Wednesday, May 8, 1996, due to the May 7, 1996 Town Council and Mayoral Elections: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The May 7, 1996 Planning and Zoning, Administration and Public Works and Finance Committee meetings are rescheduled to Wednesday, May 8, 1996. VOTE: Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem Abstain: Councilmember Trocino from 11. (b) and (f) 11. (i) was referred to the Special Meeting of the Town Council of April 25, 1996 NEW BUSINESS: MOTION: On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolutions was proposed and adopted. 96-79 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR WOODLEA MANOR PHASE 4 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 4. SECTION II. The extension of municipal water and sewer for Woodlea Manor Phase 4 is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. A corporate surety bond in a form approved by the town attorney from the Safeco Insurance Company of America in the amount of $1,372,032.75 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works. VOTE: Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem 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), Subsections (3) and (7) of the 1950 Code of Virginia, as amended. The purposes of this Executive Session are to discuss (1) the sale of real property at Market Station, (2) A school site and (3) Litigation on Case #16087 and Case #16088. MOTION: CO 4/23/96 -6- On motion of, and duly seconded the following resolution was proposed and adopted. 96-80 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF APRIL 23, 1996 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: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb Nay: None Absent: Mayor Clem MOTION: On motion of, and duly seconded, the meeting was adjourned at 9:15 p.m. · Clem, Mayor Clerk of Council CO 4/23/96 -7-