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Home My Public Portal About1996_06_25TOWN COUNCIL MEETING MINUTES OF JUNE 25, 1996 A regular meeting of the Leesburg Town Council was held on June 25, 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 (absent) J. Frank 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 Acting Town Manager Gary Huff Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Deputy Town Attorney Deborah Welsh Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the special meeting minutes of May 15, 1996, May 23, 1996, June 11, 1996, June 14, 1996 and the regular meeting minutes of May 28, 1996 were .approved as submitted. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmember Atwell Abstain: Councilmember Umstattd from (a), (b) and (c) PETITIONERS Mr. Gordon MacDowell, representing the former submitting a letter regarding the kitchen's progress. by July 4, 1996. Mighty Midget Kitchen, addressed the Council Mr. MacDowell stated the kitchen would reopen COUNCILMEMBER COMMENTS Mr. Webb referenced a letter from Governor Allen regarding the $3 million funding for road and highway improvements. Mr. Webb questioned the number of town residents receiving town water only. Mr. Buttery pointed out the new traffic pattern that will take place for the Fourth of July event at Ida Lee. Ms. Umstattd congratulated and commended participants in the Reclaiming Our Youth program held at the Douglas Community Center. Mr. Trocino commended the Leesburg Police Department and Chief Stiles for the community poli~ eftbrts underway in the Town of Leesburg. Ms. Emswiller had no comment. MAYOR'S REPORT Mayor Clem questioned the poor reception of the town's Council meetings on cable and asked that staff look into this. Mayor Clem thanked the town's staff for the efforts during the flooding last evening. In particular Street Superintendent David Frye and Bill Allison. Mayor Clem commended the Leesburg Police Department for its new bicycle patrol program. MANAGER'S REPORT Mr. Brown briefly highlighted the Activity Report. LEGISLATION 9. (a) MOTION: On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and adopted as corrected by Councilmember Umstattd. 96-0-21 - ORDINANCE AMENDING THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AND ZONING ORDINANCE TO REPEAL THE PLANNING COMMISSION'S AUTHORITY TO GRANT VARIATIONS OF LOT WIDTH AND AREA REQUIREMENTS WHEREAS, the Planning Commission questioned their authority to grant variations of lot width and area requirements of the zoning ordinance; and WHEREAS, at the Planning Commission's request, the Deputy Town Attorney rendered a legal opinion which stated that there was no State enabling legislation that gave the Planning Commission the authority to grant variations to zoning ordinance standards; and WHEREAS, the proposed amendments repeal the Planning Commission's authority to grant variations of zoning ordinance standards reverting such authority to the Board of Zoning Appeals; and WHEREAS, the Planning Commission held a public hearing on April 4, 1996, pertaining to the draft amendments regarding such matter; and WHEREAS, the Planning Commission forwarded the proposed amendments to the Town Council with a favorable recommendation on May 16, 1996; and WHEREAS, the Town Council held a public hearing on the amendments on June 11, 1996; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. Section 11A-7(2)c of the Zoning Ordinance is hereby amended as follows: SECTION 11A-7(2)c Minimum Lot Width - ma;, h,- ,,or;,~a ...... ~;a,~,q enr in q,:.r.+ic, n 1'1_O1 feet. 50 SECTION II. Section 13-75(a) of the Subdivision and Land Development Regulations is hereby amended as follows: SECTION 13-75 LOTS (a) Lot dimension shall comply with the minimum requirements of zoning regulations for area and width unless varied as authorized in Section !3-91 or herein. SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance or subdivision and land development regulations. SECTION V. This ordinance shall be in effect upon its passage. VOTE: CO 6/25/96 -2- Nay: Absent: Councilmember Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Atwell 9. (b), (c), (d), (e), (f), (g) MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent items and adopted. 96-126 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GATEWAY LOT 9A - FORT KNOX SELF STORAGE WHEREAS, Williamsborough Development Corporation, the developer of Gateway Lot 9A - Fort Knox Self Storage, 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 tbr public improvements and previously approved time extensions; and WHEREAS, the developer has requested a sixty (60) day time extension to complete the remaining public improvements; and WHEREAS, a letter of credit in the amount of $19,736.00 from the Frederick County National Bank was provided by the developer to guarantee the installation of public improvements tbr Gateway Lot 9A - Fort Knox Self Storage: and WHEREAS, the Director of Engineering and Public Works has approved the amount of $19,736.00 to guarantee installation of the remaining public improvements for Gateway Lot 9A - Fort Knox Self Storage. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as tbllows: SECTION I. A time extension of sixty (60) days for the installation of public improvements is hereby approved for Gateway Lot 9A - Fort Knox Self Storage. SECTION II. The letter of credit from Frederick County National Bank in the amount of $19,736.00 is approved to guarantee the installation of public improvements for Gateway Lot 9A ~ Fort Knox Self Storage. 96-127 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTSINSTALLED IN EXETER HILLS SECTION 5A OFFSITE IMPROVEMENTS WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Exeter Hills Section 5A Offsite Improvements and certified that the value of work pertbrmed is $207,120.60; and WHEREAS, a corporate surety bond in the amount of $230,134.00 from The American Insurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Exeter Hills Section 5A Offsite Improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from The American Insurance Company in the amount of $230,134.00 is reduced to $23,013.40. 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 Exeter Hills Section 5A Offsite Improvements. 96-128 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR SYCAMORE HILL PHASE I, SECTION 1 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: CO 6/25/96 -3- 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 Sycamore Hill Phase I, Section 1. SECTION II. The extension of municipal water and sewer for Sycamore Hill Phase I, Section 1 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from Ohio Savings Bank in the amount of $1,484,214.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works tbr Sycamore Hill Phase I, Section 1. 96-129 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR FORT EVANS ROAD IMPROVEMENTS FOR SYCAMORE HILL 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 Fort Evans Road Improvements for Sycamore Hill. SECTION II. The extension of municipal water and sewer for Fort Evans Road Improvements tbr Sycamore Hill is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from Ohio Savings Bank in the amount of $358,564.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Fort Evans Road Improvements for Sycamore Hill. 96-130 RESOLUTION - AUTHORIZING THE ADMINISTRATIVE APPROVAL AND PROCESSING OF SPECIAL EVENTS ON TOWN PROPERTY WHEREAS, a subcommittee appointed byTown Council recommended administrative processing of certain special events and waivers; and WHEREAS, administrative processing of special events, parades, and races conducted on town property along with waivers is recommended by the Finance Committee. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Special events considered annual events shall be administratively approved and processed by the town manager and shall include the Summer Concert Series, LCHS All-Night Graduation Party, August Court Days, Oldies Street Dance and Car Show, First Night Leesburg, Used Book Sale, The Hauntings, Christmas Home Tour, and town-sponsored events. SECTION II. King and Market Street closings considered annual events shall be administratively approved and processed by the town manager and shall include The Flower and Garden Festival, Summer Concert Series, August Court Days, First Night Leesburg, and Oldies Street Dance and Car Show. SECTION III. Parades and races considered annual events shall be administratively approved and processed by the town manager and shall include the Halloween Parade, LCHS Homecoming Parade, Fireman's Parade, March for Martin Luther King, Walk-America, NVBIA 10K Race, and town- sponsored events. SECTION IV. Parades and races shall be permitted to close town streets for a period not to exceed three hours with town manager approval. SECTION V. The town manager is authorized to waive fees for those events recognized as annual events. SECTION VI. All organizations authorized to receive waivers must comply with the waiver criteria recommended by the special events subcommittee in order to qualify for approval. SECTION VII. Events, parades, and races not recognized as annual events must receive Town Council approval for street closings and waivers. CO 6/25/96 -4- 96-131 RESOLUTION MAKING AN APPROPRIATION FOR INTERSECTION IMPROVEMENTS-LEFT TURN LANES ON EDWARDS FERRY ROAD AT PLAZA STREET WHEREAS, a capital improvement project is established for the construction of left turn lanes on Edwards Ferry Road at Plaza Street; and WHEREAS, the town desires to expedite completion of the work, which will be constructed concurrently with the installation by others of traffic signals at the intersection; and WHEREAS, Gull Corporation is under a current contract to the town for the Edwards Ferry Road Improvements project adjacent to the intersection improvement project; and WHEREAS, under the town Purchasing Policy, a contract change order may be added to a current contract if the value of the work to be performed does not exceed the greater of 25% of the original value of the current contract or $10,000.00; and WHEREAS, the town has completed price and scheduling negotiations for construction of the turn lanes with Gull Corporation; and WHEREAS, the value of the work is within the parameters set forth in the Purchasing Policy; and. WHEREAS, Gull Corporation can complete the work before the required date of August 30, 1996; and WHEREAS, the current budget tbr engineering, design and construction is $60,000.00; and WHEREAS, the cost of engineering and design is $35,000.00 and the cost of construction, including a 10% contingency allowance, is $110,000.00; and WHEREAS, an appropriation in the amount of $85,000.00 is required to fund the work. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: An appropriation in the amount of $85,000.00 from the unappropriated balance of the General Fund is made to Budget Account 902-9218 for Intersection Improvements, Edwards Ferry Road at Plaza Street. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmember Atwell 9. (h) MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 96-132 - RESOLUTION- AWARDING A CONTRACT FOR A TRAFFIC STUDY OF DOWNTOWN LEESBURG TO VANASSE HANGEN BRUSTILIN, INC., (VHB) WHEREAS, proposals were received from traffic engineering consulting firms in response to the Request for Proposals issued by the town for a traffic study of the downtown road system; and WHEREAS, the selection committee evaluated the proposals, prepared a shortlist of the best qualified firms, and interviewed each of the shortlisted firms; and WHEREAS, the firm of VHB was selected as the top ranked firm, and fee negotiations have been completed; and WHEREAS, the study limits shall be Union Street on the north and Catoctin Circle on the east, south and west; and WHEREAS, the selection committee recommends award of the traffic study contract to VHB CO 6/25/96 -5- for a lump sum of $31,000.00; and WHEREAS, the FY96 Budget includes $25,000 for this traffic study. 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 a downtown traffic study with VHB for a lump sum of $31,000. SECTION II. An appropriation in the amount of $6,000 from the unappropriated General Fund balance to Account #902.9230.300.302 is hereby authorized. VOTE: Nay: Absent: Councilmember Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Atwell 10. (i) was referred to a special meeting of the Town Council. 10. (j), (k), (I) and (m) were referred to a special meeting of the Town Council on July 1, 1996. 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 (1) and (3) of the 1950 Code of Virginia, as amended. The purposes of this Executive Session are to discuss the sale of Market Station and the Vinegar Hill and South Street Parking lots and to conduct an interview of a candidate for a vacancy on the town's board and commissions. VOTE: Aye: Nay: Absent: Councilmember Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Atwell MOTION: On motion of, and duly seconded, the tbllowing resolution was proposed and adopted. 96-133 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF JUNE 25, 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: Nay: Absent: Councilmember Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Atwell MOTION: On motion or; and duly seconded, the meeting was adjourned at 8:00 p.m. ~ · &,t~/ff~ a~ 3/a~nes E. Clem, Mayor Clerk of Council CO 6/25/96 -6-