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HomeMy Public PortalAbout1997_01_14TOWN COUNCIL MEETING MINUTES OF JANUARY 14, 1997 A regular meeting of the Leesburg Town Council was held on January 14, 1997, at 7:30 p.m., in the Council Chambers, '- ,.> West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembcrs present J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb Mayor James E. Clem Staff menlbcl's pi'cst'HI Town Manager Stevcn C. Brown Deputy Town Manager Gary A. Huff Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Assistant Director of Parks and Recreation Terri Simmers Assistant Town Manager for Economic Development John Henry King Parks and Recreation Architect John Johnston Town Attorney George Martin Town Clerk Barhara Markland APPROVAL OF 511NUTES MOTION: On motion of Mr. Bt,ttcry, seconded by Mr. Webb, the special meeting minutes of November 19, 1996, Dccenlber 4, 1996 and thc regular meeting minutes of November 26, 1996 and December 11, 1996 were approved as xvrittcn. VOTE: Aye: Nay: Cotmcilmcmi~c~ 3 !mucry, Emswiller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem None RESOLUTIONS OF RESPECT oao MOTION: On motion of Mr. \Vcbb, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and unaninlouslv adoj~lcd. RESOLUTION OF RESPECT Janet Lockridge Campbell Frey WHEREAS. Janet Lockridge Campbell Frey of Leesburg died December 21, 1996, at the age of 73; and W HE REA S. M rs. Frcy graduated with a Bachelor of Science in Education from Concord College in Athens, West Virginia. in 1946 and earned a Master of Arts degree in Education from Virginia Polytcchnic In,,ti~utc in 1976: and V~ HEI,.L'A.S. Xlrs. Frcy began her teaching career in a one room school house in Oak Grove, West Virginia, where she taught grades one through eight.; and WHEREAS, Mrs. Krey xvas a guidance counselor at Loudoun County High School in Leesburg from 1.964 until her retirement in 1985; and WHEREAS, Mrs. Frcy was very involved in civic matters, and served on the town's Environmental Advisory Commission from July 1986 to February 1987. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg itl Virginia extend their sympathy to Mrs. Frey's family and to all who knew her; and BE IT FU RTH E R RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to her family. VOTE: Aye: Councilmcmbers Buttery, Emswiller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem Nay: None MOTION: On motion of Ms. X, Vchl~, seconded by Ms. Umstattd, the following Resolution of Respect was proposed and llnaninl('~tlsJv ad~ptcd. RESOLUTION OF RESPECT Frederick Z. Hetzel, Sr. WHEREAS, Frederick Z. Hetzel, Sr., of Leesburg died December 28, 1996, at the age of 88; and WHEREAS. Mr. Hetzel was known for his involvement in historic and environmental preservation: and WHEREAS, Mr. I {ctzel retired from tile government in 1976 after more than 40 years of service; and WHEREAS, at'tcr retirement, Mr. Hetzel remained active in many groups and committees including thc Town of Lccsburg Environmental Advisory Commission where he served from 1986 to 1994. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy to Mr. Hetzel's family and to all who knew him; and BE IT FU RTH E R RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that ~ <'{~l>y be sent to his family. VOTE: Aye: Councilmcml3crs 13uttcry, Emswiller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem Nay: None PRESENTATION OF TIlE 1996 CHRISTMAS DECORATION CONTEST AWARDS Ms. Simmers presented thc 1996 Christmas Decoration contest awards. CERTIFICATE OF A I'l'R ECIATION: Mayor Clem presented zt Certificate of Appreciation to Theresa Kolodziej-Simmers, Assistant Director of Recreation. PETITIONERS Miss Ariel TrocillO ztllcl Miss Chelsey Feist addressed the Council encouraging the public's participation in thc purchase et' Girl Scout Cookies. Ms. Robcrta Elliott, adch'c.,gscd the Council introducing her new business Healthy by Nature. Ms. Patti Charron. zt rcsictcnt of 1130 Huntmaster Terrace #102, addressed the Council expressing concern with thc tr:ttfic' c',~nclition ()ti Route 15 bypass. Mr. Bob l~rim~tck. :t rcgidct~t et' kccsburg, addressed the Council regarding the new Plaza Street bridge and thc clcmisc t,t thc Nx'ccdin Road bridge. Mr. Mike Ban/J~ztl'. with t lazcl & Thomas, addressed the Council regarding the Fort Evans Road Vehicle CO 11497 -2- sales and service. PUBLIC HEARINGS: 7. a. TO CONSIDER THE IDA LEE PARK MASTER PLAN Mr. Dentlcr provided a hricf staff report. Mr. James Kcrshaw Pl'CSidcnt of Friends of Ida Lee, addressed the Council encouraging their support of the proposed skate park at Ida Lee. He stated he felt confident that Friends of Ida Lee could raise $250,000.00 towards this project. Ms. Cynthia Ratagick, 419 Old Waterford Road, Leesburg, addressed the Council with suggestions for the Ida Lee Park Master Plan. She stated she is an avid user of the indoor pool, expressing concern with the proposed outdoor pool stating a waterpark is not feasible in Virginia's weather. She suggested moving the location of the aero modelers further back. The weight room and locker room should be expanded. Mr. Manucl Neuron, a resident of Sterling, Virginia and President of the Loudoun County Aero Modelers Association, urged the Council to include the aero modelers in the Master Plan. Mr. Richard RoNnson, a rcsidcnt of Sterling, Virginia, expressed support of the aero modelers at Ida Lcc Park. Mr. Larry Browne, a resident of Sterling, Virginia, expressed support of the aero modelers at Ida Lee Park. Ms. Dinah Gallahan. a resident of Leesburg, expressed support of the aero modelers at Ida Lee Park. Mr. Jonathan Gavck. a resident of 411. Williams Street, Leesburg, expressed concern with the location of thc skate park at~d ~thc~ l'acilitics as they relate to light pollution and inconspicuousness. Mr. Andrcxv 13cniltmin, expressed support of tile aero modelers at Ida Lee Park. Mr. Bill Condon, expressed support of the aero modelers at Ida Lee Park. Mr. Eric Brown, a Lccshurg resident, expressed support of the skate park. 7.b. TO CONSIDER INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) ENHANCEMENT G RANT APPLICATIONS Mr. Huff provided a N'icf staff report on the Dodona Manor stabilization project. Mr. Nestor Sanchcz. representing the Marshall Home, urged the Town Council to support the Dodona Manor pro.itel. Mr. Johnston and :Mr. I tuff provided a brief staff report on the Ida Lee Park trail project and tile Balls Bluff Cemetery project. Mr. Charles Thornto~L a rcsidcnt of 315 Foxridge Drive, Leesburg urged the Town Council to support thc Balls Bluff Cemetery projcct as the town's #1 priority. Mr. Eric Mann. it rc~,idcnt ~,1' Sterling, Virginia urged tile Town Council to support tile Dodona Manor project. Mr. B. Powcll l lar~'ison, on behalf of tile Marshall Home, urged the Town Council to support tile Dodona Manor pro.jeer. Mrs. Eeda Dennis, a resident of Leesburg, urged the Town Council to support the Dodona Manor project. Mr. John Tolbcrt, Jr., il rcsident of Leesburg, urged the Town Council to support the Dodona Manor project. Ms. Diana Kccscc, ul'gcd thc Town Council to support tile Dodona Manor project. Ms. [htrrict 5,1ah~nc. ;t [c~idcnt of Bluemont, Virginia urged tile Town Council to support the Dodona CO 11497 -3- Manor project. Mr. Claude Branch, a resident of Catharpin, Virginia, urged the Town Council to support the Dodona Manor project. Ms. Julie Mayo Kemper, Tour Director at Dodona Manor, urged the Town Council to support the Dodona Manor project. Mr. Jonathan Ga¥ck, a resident of 411 Williams Street, Leesburg, urged the Town Council to support the Balls Bluff Cemetery project as its number 1 priority. Mr. Robert Scylla, a resident of Leesburg, urged the Town Council to support the Dodona Manor project. Mayor Clem closed thc public hearing and this matter was referred to the January 21, 1997 Administration and Public Works Committee agenda. COUNCIL.hlEi~IBER CONINIENTS Ms. Wcbb thanked th,: speakers at tonight's meeting. Ms. Webb thanked the Town Council for the adoption of thc two Rcst~lutions of Respect. Ms. Webb attended the annual LVFC banquet. Ms. Emswillcr echoed Ms. Webb's comments regarding the quality and number of speakers at tonight's meeting. Ms. Emsxvillcr congratulated Ms. Tiffany Rivera tbr her accomplishments on the National Honor Society, as well its forty other students. Ms. Emswiller stated a very good response has been received from thc LEDC's survey. Ms. Emswiller stated the proposed weigh station location is inappropriate. Mr. Trocinour~3_d' thc Towa Council to plan for more parks, as well as preserve the town's historic sites. Ms. Umstattd asked staff to look into the status of sidewalks on South King Street with regard to cost and better lighting. Mr. Buttery echoed Ms. Umstattd's comments regarding the South King Street/Route 15 South, sidewalks. Mr. Buttcl-v stated hc is impressed with all the speakers at tonight's meeting. He wished Ms. Simmers thc best o~' Iuc'[< in her new position. Mr. Buttery also attended the LVFC banquet. He asked that everyone check their smoke detectors to ensure they are working properly. Mr. Wcbb noted th:~t :t vacancy on the Cable Commission exists due to the resignation of Barbara Cassidy. MAYOR'S REPORT Mayor Clem attended b~,th thc LVFC banquet, as well as the LVRS banquet. He reported on the Delegation of Koreans visiting Leesburg as guests of Master Choi of the Tae Kwon Do Academy. Mayor Clem thanked Captain Chris Jones for attending the meeting on his behalfi Mayor Clem stated he will attend thc Jallultl'y 15, meeting regarding the proposed location ora weigh station. He stated the Sycolin Road/Bypass intersection needs immediate attention, as it is a very dangerous intersection. MANAGER'S REPORT Mr. Brown highlighted items in the Manager's Report and announced the success of First Night Leesburg event. He thanked the members of Council and the volunteers who participated in this event. He noted that thc Council and Ctmncil Committee and Planning Commission agendas are now being televised on the Cable ehzttmcl, t lc ctmgratulated the parks and recreation staff for the very successful holiday events. LEGISLATION 11. (:~), (b), lc). itt). icl. II'~, I~l, (h), (i), (j), (k), (I), (m), (n), (o) MOTION: On motion of NIs. U mstattd, seconded by Ms. Webb, the following resolutions were proposed as consent items and adopted. 97- l - RE SO LUTIO N - A P P Re VING A LANDSCAPE PLAN FOR FORT EVANS ROAD VEHICLE SALES AND SERVICE AT 18 FORT EVANS ROAD N.E. CO 11497 -4- WHEREAS, On November 12, 1996 Town Council approved special exception application #SE- 96-07 Fort Evans Road Vehicle Sales and Service: and WHEREAS, Council approval was conditioned upon a landscape plan being approved by the Board of Architectural Review and the Town Council; and WHEREAS, on January 6, 1997, the Board of Architectural Review approved a H-2 Certificate of Appropriateness, with conditions; and WHEREAS, on January 7, 1997 the Planning and Zoning Committee recommended approval of the landscape plan for Fort Evans Road Vehicle Sales & Service, as prepared by Patton, Harris, Rust and Associates, dated December 19, 1996, as amended and approved by the Board of Architectural Review. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Tile Landscape Plan for Fort Evans Road Vehicle Sales & Service, as prepared by Patton, Harris, Rust and Associates, dated December 19, 1996, as amended and approved by the Board of Architectural Review, is hereby approved, subject to the tbllowing conditions: Thc a pplica n t extend the fence along the rear boundary line on the south side of the site, the fence design will be submitted to staff for approval. Planting material for tile cinder block wall will be submitted to staff for approval. 97-2 - RESOLUTION - IN ITIATING AND REFERRING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE TO PERMIT PLACES OF WORSHIP IN THE I-1 DISTRICT AND AUTttORIZING A NOTICE OF JOINT PUBLIC HEARING TO CONSIDER THE AMENI)MENT XVHEREAS, thc Lccsburg Zoning Ordinance does not permit places of worship in the I-1 Industrial Research Park Zoning District; and W H E R E A S, o n J a n u a ry 7, 1997 the Planning and Zoning Committee considered proposed text amendments to thc Lccsburg Zoning Ordinance that would permit places of worship in the I-1 Industrial Research Park Zoning District by special exception; and WHEREAS, on January 7, 1997 tile Planning and Zoning Committee forwarded tile proposed zoning ordinance text amcmlmcnts to the full Council for initiation and referral. THEP, EFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION 1. 'Fhc tbllowing text amendments to the Leesburg Zoning Ordinance are hereby initiated and i'cfcrrcd to thc Planning Commission for recommendation pursuant to Chapter 11, Title 15.1-431 of thc 195/} ('ode of Virginia, as amended: Section -IF.-3. SI'[ECIAI~ EXCEPTION USES (3) lnstituti~mal and Ccmm~unity Service Uses School, tccl'mical SECTION 11. A notice of Public Hearing for the Zoning Ordinance Amendment to permit places of worship in thc I-1 District will be considered jointly by the Leesburg Town Council and the Lccsburg ?lanning Commission and shall be published in the Leesburg Today on January 15, 1997 and January 22, 1997 for it joint public hearing on Tuesday, January 28, 1997 in the Council Chambers of the Govcrnmcn~ Comer at 25 West Market Street, Leesburg, Virginia 20175. ~)7o- RESOIAJTION ,-\U'I't IORIZING A NOTICE OF JOINT PUBLIC HEARINGTO CONSIDER PROFFER ,:\.XlENDMENT APPLICATION #ZM-152 AND SPECIAL EXCEPTION APPLICATION #SE-97-01 BY CORNERSTONE CHAPEL RESOLVEI). by thc Council of the Town of Leesburg in Virginia, as follows: A notice of Pulqic l lcaring for proffer amendment application #ZM-152 and special exception CO 11497 -5- application by Corilcrstonc Chapel will be considered jointly by the Leesburg Town Council and the Leesburg Planning Commission and shall be published in the Leesburg Today on January 15, 1997 and January 22, 1997 for a joint public hearing on Tuesday, January 28, 1997 in the Council Chambers of the Govcrnmcnt Ccntcr at 25 \Vest Market Street, Leesburg, Virginia 20175. 97-4 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PER FO R MANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTSAT EXETER SECTION 5 WHEREAS, Richmond American Homes, the developer of Exeter Section 5 has completed the public improvcmcnts in accordance with approved plans and town standards, and these have been inspectcd alld approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as Ibllows: SECTION 1. Thc corporate surety bond from the American Motorists Insurance Company in thc amount of $171543.~/(~ is rcleased, a new security in a form approved by the town attorney for a maintenance gual-',~I~tcc i~ thc amount of $85,771.80 is approved, and shall be in effect tbr a period of OHC ye;Ar frolll this c{;Atc, SECTION Il. This rclcase is contingent upon delivery of a properly executed instrument conveying unto thc town all such improvements and easements free of any liens or charges. 97-5 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR GREEN\VAY FARM SECTION 1 WHEREAS. -t'r'afalgar House, tile developer of Greenway Farm Section 1, has not completed all thc required toub[ic improvements ill accordance with tile approved construction drawings and town standards xxithin thc t,,x~ 5'car period agreed to in the contract ~br public improvements and previously approved time extensions adopted by Town Council on January 10, 1995 by Resolution #95-2 and January 16, 1996 Iix' l<cscflu~ion #96-7: and WHEREAS, thc developer has requested a six (6) month time extension to complete tile public JlllprovclllClll5~ \5;I IEP, E/\S. a corporatc surety bond in the amount of $218,100.00 from the American Home Assurance Company was lwovidcd by the developer to guarantee the installation of public improvements for Orcci/wav Farilt 5ccl[oll 1: alld \VttEREAS, thc l)ircctor of Engineering and Public Works has approved the amount of $218,1(~{).(~() to gu',trantcc installation of the remaining public improvements tbr Greenway Farm Section 1. THEREFORE, RESOLVED by tile Council of the Town of Leesburg in Virginia as follows: SECTION I. ,\ time extension of six (6) months for the installation of public improvements is hereby approved lbr ¢;rccmvay Farm Section 1. SECTION II. 'l'hc corporate surety bond from tile American Home Assurance Company in tile ~.1 rllo 1.1 il [ of © $_ 1S, I{ ltL( )1~ is a l>provcd to guarantee the installation of public improvements tbr Greenway Farm Section 1. 97-6 RESOIA!'t'ION ,ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERVOR~IAN('E GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FO R P U BI.I(' I ,',1P R O VEMENTS AT GREENWAY FARM SECTION 3 WHERffAS, Trafalgar House, tile developer of Greenway Farm Section 3 has completed the public imlwOX'cmcnts in acctlrclance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by tile Council of tile Town of Leesburg in Virginia as follows: SECTION I. Thc corporate surety bond from tile American Home Assurance Company in tile amount of $185,(/{){I.I}1) is released, a new security in a form approved by the town attorney for a n]aintcnancc guarantee in thc amount of $46,400.00 is approved, and shall be in effect for a period of one year fi'om this d'alc. CO 11497 -6- SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 97-7 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL/FT. EVANS ROAD WHEREAS, tile town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Sycamore Hill/Ft. Evans Road and certified that the value of work pertbrmed is $322,707.00; and WHEREAS, a letter of credit in the amount of $358,564.00 from Ohio Savings Bank was provided by th e d evelopc r a nd approved by the Council to guarantee installation of public improvements for Sycamore Hill/Ft. Evans Road. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION 1. Thc letter of credit from Ohio Savings Bank in the amount of $358,564.00 is reduccd to $35,857.~1~L SECTION I1. Thc Town Manager shall notify the developer that liability Ibr the letter of credit has bccll reduced ils otitlincd in Section I of this resolution and that this reduction does not constitute acceptance or' public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Sycamore Hill/Ft. Evans Road. 97-8 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR SYCAMORE HILL - PHASE II, SECTION 1 RESOLVED by thc Council of the Town of Leesburg in Virginia as follows: SECTION 1. Thc manager shall execute the contract for public improvements for the improvements shown on thc plans approved by the Director of Engineering and Public Works tbr Sycamore Hill - Phase II, Section 1. SECTION I1. Thc cxtcnsion of municipal water and sewer for Sycamore Hill - Phase II, Section 1 is approved in accordallCC with Sections 15-9 and 19-18 of the Town Code. SECTION I1 I. Thc irrcvocable bank letter of credit in a form approved by the town attorney from Ohio Savings [¢',tnk in thc amount of $557,490.00 is approved as security to guarantee installation of thc public improx'cmcnts shown on plans approved by the Director of Engineering and Public Works for Sycamore Hill -l'hasc 11, Scction l. 97-9 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVE*lENTS AND APPROVING A PERFORMANCE GUARANTEE FOR WOODLEA MANOR SECTION 3 WHEREAS, Winchester Homes, the developer of Woodlea Manor Section 3, has not completed all the required pub. lie improvements in accordance with the approved construction drawings and town standards within thc two year period agreed to in the contract for public improvements; and WHEREAS, thc dcvcloper has requested a one (1) year time extension to complete the public improvcmcats; a WHEREAS, a COrlX)ratc surety bond in the amount of $827,121.00 from the Safeco Insurance Company was provided Iw thc developer to guarantee tile installation of public improvements for Woodlca Manor Section 3: 'and WHEREAS, thc Dircctor of Engineering and Public Works has approved the amount of $827,12 t.00 to gua ra ntcc installation of the remaining public improvements for Woodlea Manor Section 3. THEREFORI5, 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 hcrcDy approved for \V'o~dlca Manor Section 3. SECTION I1. Thc corporate surety bond t¥om the Safeco Insurance Company in the amount COl1497 -7- of $827,121.00 is approved to guarantee the installation of public improvements for Woodlea Manor Section 3. 97-10 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT BETWEEN ESI AND THE TOWN OF LEESBURG FOR PEER PLAN REVIEW AND EDUCATION SERVICES WHEREAS, on November 12, 1996, Town Council appropriated sufficient funds to implement peer rcview and education programs offered by ESI in its July, 1996, report on "Improving Subdivision and Site Plan Prcparation and Review in the Town of Leesburg" and; WHEREAS, the enclosed contract has been drafted to document the relationship between ESI and thc town: and WHEREAS, it has been determined that the assistance of ESI will improve the town's plan review process. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Thc town manager is hcreby authorized to execute the enclosed contract between ESI and the Town of Lccsburg. 97-11 - RESOLUTION - RENAMING SOUTH HARRISON STREET PARK TO FRANK RAFLO PARK WHEREAS, long-time Leesburg resident and business person, Frank Ratio, has served Leesburg as Mayor and has served Loudoun County on the Board of Supervisors; and WHEREAS, Mr. Ratio has been an active member of the community through his work and his volunteer actMty: 'and W H E R EAS, ~'~lr. R a I1o has worked hard to beautify the community by volunteering through the Lccsburg Kiwanis Club to remove graffiti throughout Leesburg; and WHEREAS, Mr. Ratlo is a respected and valued member of our community. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION 1. South Harrison Street Park will hereafter be known as Frank Ratio Park. SECTION Il. Thc town manager is hereby authorized and directed to make the necessary changes in signagc to implement this action. 97-12 RESOLUTION AUTHORIZING A RIGHT OF ENTRY AGREEMENT AND M ISCELI./\NEOUS EASEMENTSREQUIRED FOR ROUTE 15 BYPASS/SYCOLIN ROAD I k,l P t~,O \' t~. k 1 l~ NTS WH E R EAS, pla ns lbr the construction and improvements to Route 15 Bypass/Sycolin Road have bccn prcparcd and reviewed by the town; and WHEREAS, ctmxtruction necessitates the relocation of telephone and electric easements currently encumbering pl'opcrty owned by tile town; and WHEREAS. thc Virginia Department of Transportation has requested a "right of entry" agreement to tilter tt)wn property tot the purpose of constructing and improving Sycolin Road; and WHEREAS, Virginia Power and Bell Atlantic-Virginia, Inc. have requested easements tbr relocation or' ut/lit/cs currently located on town property. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Thc Town Managcr is hereby authorized and directed to execute said easements and agreements, in a Ibrm approved tw thc Deputy Town Attorney, to facilitate construction of the Route 15 Bypass/Sycolin Road improvcnmnts. 97-13 - RESOLUTION - A M E N DING A LETTER OF INTENT BETWEEN THE TOWN AND THE LEESBtJ RG VOI.t)NTEER FIRE COMPANY, INC., AND PROVIDING FOR THE USE OF CO 11497 -8- FIBERGLASS ROOF SHINGLES ON THE FIRE STATION TO BE CONSTRUCTED THE PUBLIC SAFETY CENTER WHEREAS, the Town of Leesburg and Leesburg Volunteer Fire Company, Inc. executed a Letter of Intent which provides terms under which the Leesburg Fire Company, Inc. will construct and operate a fire station on the property purchased by the town for a public safety center; and WHEREAS, the town secured the services of an architect specializing in the design of public buildings to design a police station for the public safety center site; and WHEREAS, the architect provided an attractive design that met the needs of the police department and was approved by Town Council; and WHEREAS, tl~c design tbr the police station included a painted standing seam metal roof for the police station to relate tile facility to the "family" of town buildings on which similar roofs have been installed; and WHEREAS, under the terms of the aforementioned Letter of Intent, it was agreed that "The building size, architccmrals, elevations, site location, and site improvements of the fire station shall be agreed to by both parties prior to construction thereot"; and WHEREAS, thc fire company was duly and in a timely manner advised of the design for the exterior elevation of thc police station, which included a painted standing seam metal roof; and WHEREAS, tile architect for the fire company provided a design for the fire station which harmonizes well with thc design for the police station in all aspects but the roof covering material; and WHEREAS, thc fire company elected not to install a painted standing seam metal roof on the tire station to reduce the cost of its facility; and WHEREAS. thc fire company petitioned the town for relief from the requirement for constructing a painted standing seam metal roof on the fire station and suggested substitution thereof with a tibcrglass shingle root' material; and WHEREAS, thc l'irc company advised the town that the color of the fiberglass shingle roof proposcd I~)r thc t'irc stab/on would match as closely as possible the roof of the police station using a standard available TFIEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Thc Town Manager is authorized to execute, on behalf of the town, an amendment to thc Letter of Intent Between The Town of Leesburg And The Leesburg Volunteer Fire Company, Inc. conditionally relieving thc fire company of the requirement for a painted standing seam metal roof, and granting conditional approval of the use of fiberglass shingles on the fire station, provided that the fire company shall submit to thc council, and obtain approval thereof, a sample of the material in the color proposed tbr such usc on thc fire station, to ensure that the color of the shingles will provide an acceptable match to thc color of the painted standing seam metal roof specified for the police station. SECTION II. Upon approval by the Town Council of the color of the fiberglass shingles proposcd for usc on thc t'irc station, the Town Manager shall cause to be issued any required approval alld pci'mits by thc 97-14 - RESOLUTION - AWARDING A CONTRACT FOR ENGINEERING AND DESIGN OF THE SOUTH KING STREET IMPROVEMENTS PROJECT AND MAKING AN APPROPRIATION TO COMPLETE FUNDING FOR THE WORK WHEREAS. thc Capital Improvement Program includes a project tbr engineering and design of the South King Street lmprovcments project; and WHEREAS, eight responses to a Request tbr Proposals issued by the town for engineering and dcsign of thc South King Street Improvements project were received in November 1996; and WHEREAS. thc rcsponses were evaluated pursuant to the standards established therefor and in accordance with thc requirements of the town Purchasing Policy; and WHEREAS. William H. Gordon Associates, Inc. of Chantilly, Virginia was judged by the selection committee to bc best qualified; and CO 11497 -9- WHEREAS, staff has concluded fee negotiations with William H. Gordon Associates, Inc.; and WHEREAS, thc cost for the work has been established at $96,663; and WHEREAS, a balancc of $48,220 remains in budget Account 903-9314-300-300 for the work; and WHEREAS, additional funding in the amount of $53,276, including an allowance of 5% for contingcncies, is required to complete funding of the work. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to execute, on behalf of the town, a lump sum contract with William H. Gordon, Inc. in the amount of $96,663 for engineering and design of the South King Street Improvements project. SECTION Il. An appropriation in the amount of $53,276 is made to budget Account 903-9314- 300-300 for the unaiN~ropriatcd general fund to complete funding of the work. 97-1.5 - RESOLUTION - AUTHORIZING PURCHASE OF A SEWER PIPE T.V. CAMERA AND ONE-TON ttI-CUBE VAN WHEREAS, thc currcnt Capital Improvements Program and FY 97 budget, as adopted by Council, includcs purchase of a sewer pipe T.V. camera and a one-ton hi-cube van (Project #87) for maintcnancc activities in thc Utility Lines Division; and WHEREAS, spt'cit'ications were prepared and bids solicited for this procurement pursuant to W H E R E A S, th c I~,wcst rcsponsive a nd responsible bid was received from Virginia Public Works Eqt, ipmcl~t Companv of Richmond, Virginia in the sum of $82,155.00. THER. EFO I~E, I~ESOLVED by the Council of the Town of Leesburg in Virginia as tbllows: Thc town manager is hereby authorized and directed to purchase this equipment from Virginia Public Works Equipment Company of Richmond, Virginia in an amount not to exceed $82,155.00. VOTE: Ayc: Councilmcmi~crs t3uttcry, Emswiller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem Nay: None Al)stain: Counciii~clnl~c'r Trocino from (a), (e), (t) MOTION: Oil motion o[ Ms. \V~.bl~, sccondcd by Ms. Umstattd, the following resolution was proposed and adopted. 97-16 - RESOLUTION - SEI_ECTING THE CATOCTIN RIDGE SITE AND AUTHORIZING AN OFFER 1:O1~ ACQUISITION OF FEE SIMPLE PROPERTY REQUIRED FOR CONSTICU('TION OF THE MAIN ZONE WATER TANK #1 WH E F4 E A S. Ct,ti nc il has considered tbur alternative sites for location of the Main Zone Water Tank # I; ~tIld WHEREAS, Site #4, rcferenced as the Catoctin Ridge site and located off Old Waterford Road in Loudoun County, lllccts all criteria established by Council regarding cost, operability and visual impact on thc surrounding ctm~munity; and WHEREAS, anccd cxists tbr the acquisition of fee simple property affecting approximately 44,000 square t'cct from Partridge Hill, Inc., on whose property the location of the Main Zone Tank #1 has bccn cstatMishcd: and WHER[.:.AS. ;t lair market value for the property has been established at $25,000.00. THEREFOt~,E. P, 15SOLVED by the Council of the Town of Leesburg in Virginia as tbllows: SECTION 1. 'l'ht' l.~.'csburg Town Council hereby selects site #4 referred to as the Catoctin Ridge site and as rcI'~.'rwllc~.'d i~l tile letter report from O'Brien & Gere Engineers, Inc., dated January COl1497 -10- 3, 1997 as the most l'casible site for location of the Main Zone Water Tank #1. SECTION Il. The Town Manager is hereby authorized and directed to negotiate the fee simple purchase of property, owned by Partridge Hill, Inc. affecting 44,000 square feet more or less and identified as being a portion of Tax Map 35, Parcel 61, in an amount not to exceed $25,000.00. DISCUSSION: Ms. Emswiller statcd shc will vote against this resolution because of dollars. The Town hired an engineer to look at different sites and a recommendation was received with a wide difference between the amount of money that it will cost to move it to the Catoctin Ridge site versus the first site or second site. Costs could run anywhere from $300,000 - $600,000 depending on chlorine cost and general maintenance and operation of the tank. In addition, it is outside of the main zone and will need more electricity. Ms. Umstattd stated although she will support the proposed legislation, she appreciates Ms. Emswiller's position. This site will better protect the appearance of the town. Mayor Clem stated he cannot predict what the cost to the town will be. He expressed concern with caverns and stabilization of the land at the Exeter site. The Catoctin Ridge site has room for expansion if neccssary. Aesthetics arc very important to the town. VOTE: Aye: Councilnlcmbcrs Buttery, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: Councilmcmbcr Emswiller On motion or', and duly sccondcd, the meeting was adjourned at 10:15 p.m. Clerk ot' Council · Clem, Mayor CO[1497 -11-