The URL can be used to link to this page

Home My Public Portal About1998_09_29SPECIAL MEETING MINUTES OF SEPTEMBER 29, 1998 A special meeting of the Leesburg Town Council was held' on Tuesday, September 29, 1998 at 4:30 p.m., in the Second Floor Councilmembers Meeting Room, 25 West Market Street, Leesburg, Virginia 20175, Municipal Government Center. Notice having been delivered to all members of the Leesburg Town Council prior thereto. The purpose of the meeting was to conduct an executive session on pending litigation and to consider bonding public improvements for Fort Evans Road and the Catoctin Circle Elementary School expansion. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT Frank Buttery Leonard McDonald Joseph R. Trocino (absent) Kristen C. Umstattd (absent) B.J. Webb Bob Zoldos (absent) Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Deputy Town Attorney Deborah Welsh Mr. Mason provided the staff report on the performance guarantee request for the Catoctin Circle Elementary School expansion. MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 98-222 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A WATER EXTENSION PERMIT AND WAIVING A PERFORMANCE GUARANTEE FOR THE ADDITION TO CATOCTIN ELEMENTARY SCHOOL WHEREAS, the Director of Engineering and Public Works has approved the final construction drawings for the Addition to Catoctin Elementary School, to be constructed by the Loudoun County School Board of Education (School Board hereafter); and WHEREAS, it is in the public interest to waive the costs associated with a performance guarantee for the necessary public improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Addition to Catoctin Elementary School. SECTION II. The extension of municipal water for the Addition to Catoctin Elementary School is approved in accordance with Section 19-18 of the Town Code. SECTION III. The performance guarantee for the public improvements in the amount of $15,615.00 is waived, conditioned on the requirement that occupancy of the facility shall not be permitted until the public improvements are completed to the satisfaction of the town, or a subsequent performance guarantee is furnished in an amount approved by the Director of Engineering and Public Works for outstanding punchlist items. VOTE: Aye: Councilmembers Buttery, McDonald, Webb and Mayor Clem Nay: None Absent: Councilmembers Trocino, Umstattd, Zoldos MOTION: On motion of, and duly seconded, the following motion was made and adopted. Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the I_~esburg Town Council convene in Executive Session. The authority for this Executive Session is found in -2- Section 2.1-344 (a), Subsection (7) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss pending litigation issues. VOTE: Aye: Councilmembers Buttery, McDonald, Webb, and Mayor Clem Nay: None Absent: Councilmembers Trocino, Umstattd, Zoldos MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 98-220 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 29, 1998 WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive Session in accordance with an affu'mative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. VOTE: Aye: Councilmembers Buttery, McDonald, Webb, and Mayor Clem Nay: None Absent: Councilmembers Trocino, Umstattd, Zoldos MOTION: On motion of Vice Mayor Webb, seconded by Councilmember McDonald, the following resolution was proposed and adopted. 98-221 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PROFFER AND SPECIAL EXCEPTION CONDITION GUARANTEE FOR COMPLETION OF IMPROVEMENTS TO FORT EVANS ROAD WHEREAS, in the approved rezoning plan for the Leesburg Comer Outlet Center (#ZM- 150), the applicant Chelsea G.C.A. Realty, Inc. ("Chelsea"), proffered specific public road improvements to Fort Evans Road to be constructed prior to development of more than 305,000 square feet of uses on the outlet center property; and WHEREAS, in the approved special exception plan for Uniwest (#SE-98-01), the applicant Uniwest Construction, Inc. ("Uniwest") accepted conditions requiring specific public road improvements to Fort Evans Road to be approved and bonded prior to approval of the first development plan on the shopping center property; and WHEREAS, Chelsea requests approval of a proffer guarantee for such public improvements in order to proceed with development of the second phase of the outlet center exceeding 305,000 square feet; and WHEREAS, Uniwest requests approval of a special exception condition guarantee for such public improvements in order to proceed with development of the shopping center; and WHEREAS, Section 15.2-2299 and Section 15.2-2286 of the Code of Virginia authorize the zoning administrator to enforce conditions attached to a special exception and a zoning map amendment by requiring a guarantee, satisfactory to the governing body, in an amount sufficient and conditioned upon the construction of any physical improvements required by the conditions; and WHEREAS, Section 13-92(a)(3) and Section 13-92(a)(4) of the Subdivision and Land Development Regulations provide the authority to accept bonding for improvements proffered as part of any zoning map amendment and special exception condition; and -3- WHEREAS, Section Zoning Ordinance Section 11A-6(9) of the Zoning Ordinance provides the authority to accept bonding for improvements conditioned as part of any special exception approval; and WHEREAS, the Town Council ("Town") has determined that a cash guarantee satisfies the meaning and intent of Proffer g3(b) of gZM-150 and Paragraph gl under Traffic Impact Study of gSE-98-01, and will ensure the timely completion of the specified improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I: The Town manager is authorized to execute an Agreement to guarantee the construction of public road improvements as set forth in Proffer g3(b) of gZM-150 and Paragraph gl under Traffic Impact Study of gSE-98-01 by and between the Town, Chelsea and Uniwest. Such Agreement shall include the following terms: (a) the cost of any necessary fight- of-way acquisition for Fort Evans Road improvements shall be the responsibility of the Town; (b) interest earned on the cash guarantee shall be returned to Chelsea and Uniwest upon completion of the road improvements; (c) the posting of Two Million Dollars ($2,000,000.00) in cash by Uniwest and Chelsea upon execution of the Agreement; and (d) return of the cash and interest to Chelsea and Uniwest upon bonding of the improvements for Fort Evans Road with the Town and the Virginia Department of Transportation (VDOT); (e) retention of the Cash Escrow in the event that by the earlier of June 30, 1999, or twelve (12) months following approval of the development plan and the acquisition of the fight-of-way, Chelsea and Uniwest have failed to post the bond guarantee; and (f) the Agreement is in a form approved by the Town Attorney. SECTION II: The Town Manager shall not execute the Agreement, nor shall the Town be bound thereby, unless the litigation styled "Town of Leesburg vs. International Pavilion Limited Partnership", Law No. 20160, pending in the Circuit Court of Loudoun County, is fully settled no later than 5:00 p.m. on Friday, October 2, 1998. VOTE: Aye: Councilmembers Buttery, McDonald, Webb, and Mayor Clem Nay: None Absent: Councilmembers Trocino, Umstattd, Zoldos MOTION: On motion of, and duly seconded, the meeting was adjourned. Clerk of Council E. Clem, Mayor