HomeMy Public PortalAbout1989_03_28 • 247
-
MINUTES OF THE REGULAR MRFTING OF THE LEESBURG TOWN COUNCIL
MARCH 28,1989 '
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on March 28, 1989 at 7:30 p.m. The meeting was called to
order by Mayor Sevila, with the invocation given by Councilmember John Tolbert, and followed with
the Salute to the Flag by Councilmember Christine Forester. Present were Mayor Robert E. Sevila,
I
Councilmembers James E. Clem, Mrs. Christine M. Forester, Mr. Donald A. Kimball, Mr. Claxton E.
Lovin, Mr. William P. Mulokey and John Tolbert, Jr. Staff members present included; Town Manager
Jeffrey H. Minor, Assistant Town Manager Steve Brown, Director of Planning, Zoning and Development
Katherine Imhoff, Director of Finance Paul York, Director of Engineering and Public Works Thomas
Mason, Capital Projects Coordinator Thomas Rio, and Deputy Clerk of Council Barbara Markland.
Town Attorney George Martin was also present
PETITIONERS
Mr. Alton Echols, representing the Sycolin Partnership, addressed the Council, stating that
Gateway Sections 4 and 5 was the subject Mr. Echols referenced a letter dated March 25, 1989
prepared by Jay Hicks. He asked why the problems cited in this letter were not resolved at the concpet
review stage. The conditions that exist in the town's Zoning Ordinance are harsh and callus and he
was sure it was not the intent of the Council to legislate, regulate and administer the police power.
He was confident that if the town and he could work together, permanent solutions could be found.
He knew it was difficult for staff to interact with applications, other than to follow the ordinance. He
noted page 4 of Mr. Hick's letter, stating that, under Town Plan designation, Gateway Drive was built
on a 60 foot right-of-way and on an urban road to serve the substantial needs of the Gateway
subdivision.
Mr. Echols stated that between the presumption of legislative validity and the enactment of
ordinances that are presumed to be valid until properly challenged, and staff having to uphold these
ordinances, regulatory extortion has occurred on Sycolin Partnership and probably has occurred on
others. This regulatory extortion is, at best, unfair and, at worst, illegal. Mayor Sevila asked Mr.
Echols to refrain from any kind of accusations of illegal or improper wrong doing by members of the
Council, staff, Planning Commission or others associated with the town. He further stated that these
allegations have no place in this meeting.
i
Mr. Echols addressed the Mayor stating that he was presenting a problem, and making no
accusations if the facts make an accusation, they speak for themselves. Mayor Sevila said it was the
choice of words that contained, not implied, an expressed accusation, extortion. Extortion is criminal
conduct, a criminal act, and that is what you have alleged against the town. We cannot have that in
here, so we can stop the debate.
Mr. Echols asked to repeat what he thought he said, in case he did not say it the way he meant
it. 'I said that because of the legislative presumption, validity of town ordinances and because the staff
has to, in fact, enforce ordinances, that if ordinances had been passed that were unfair or conflicted
with State statute, code, etc., that the result would be regulatory extortion and that, at its best is
unfair." Z qualified it your Honor, and at worst if these ordinances are in fact, invalid at law then it
would be illegal." "I am sorry if my concern has gone beyond spoken words to emotionalism and you
have read the emotionalism wrong. I do feel there is a fundamental wrong, I feel that this wrong with
my reason, staff reason, and yours can be corrected and I feel that we can discern the truth and we
can act and live with the end truth and this is my desire and I thank you'.
PUBLIC HEARING ON CIVIL PENALTIES
Mr. Minor explained this was legislation initiated by the Council several months ago, it has been
before the Planning Commission, a public hearing was held and it was positively recommended for
adoption.
1
Katherine Imhoff stated approximately two years ago the General Assembly added the Town
of Leesburg to the select list of municipalities permitted to adopt civil enforcement measures for certain
violations of the Zoning Ordinance. Currently, under the town's Zoning Ordinance Section 9-5-1,
paragraph concerning violations and penalties, states that any person who violates any provision of the
I
ordinance shall be guilty of a criminal misdemeanor, and upon conviction for any violation shall be
punished by fine of not less than $10 and not more than $1,000. The town is currently proposing
adoption of a civil enforcement authority which would better serve the citizens of Leesburg with more
effective government Ms. Imhoff briefly stated the three principal reasons for adopting this authority;
1) to decriminalize certain zoning violations, 2) to reduce public cost of the zoning enforcement, 3) to
increase overall zoning compliance. Ms. Imhoff stated that this type of process has the potential to
be so streamlined and straight forward as to be handled entirely by town staff. ,The cost of enforcement
could, therefore, be optimized to the satisfaction of the tax paying citizenry. 1 Ms.'Imhoff stated that
active enforcement coupled with timely compliance creates an atmosphere of support for the town's laws
and contributes to community pride. The adoption of the civil penalties authority is an important step
1248
C..
Minutes of the March 28, 1989 Council Meeting Page 2
towards increasing overall zoning compliance in the.Town of Leesburg. Ms. Imhoff then briefly
summarized the ordinance language and invited any questions that Council may have.
Mr. Minor added that with criminal penalties and civil penalties as well, the first act will not
be to give a ticket, the first act will be to seek voluntary compliance, as we do within of our violations.
Mr. Kimball questioned the 10 day period and asked if the ten days werei calendar days. Ms.
Imhoff stated, calendar days, pursuant to the Code of Virginia.
Mayor Sevila then invited members of the public to address Council either in favor of or in
opposition to or to comment on the proposed amendments to the zoning ordinance. There were no
comments from the public. Mayor Sevila then called the public hearing closed, and motioned to refer
the proposed amendments to the appropriate committee. On motion by Mr. Tolbert, seconded by Mr.
Lovin, Mayor Sevila stated this item will be on the Planning and Zoning Committee agenda scheduled
for 4:30 p.m., Wednesday, April 5, 1989.
Aye: Councilmembers Tolbert, Forester, Kimball, Clem, Lovin, Mulokey and Mayor Sevila.
Nay: None
•
This concluded the public hearings.
COUNCILMEMBER'S COMMENTS
Mr. Mulokev reported on the very favorable meeting of the Cable Commission last week, where
it was apparent that Mr. Jennings and the cable were doing everything they could to improve service
to the Town of Leesburg.
Mr. Lovin briefly stated that he and Mrs. Forester had the pleasure to travel to Richmond to
hear Mayor Sevila's presentation to the State Water Control Board. Mr. Lovin lis hopeful that the
town will be able to address the SWCB in a public forum regarding the advanced wastewater treatment
situation.
Mr. Lovin also stated that the BAR has a new member, Mrs. Julia Rom who fills the vacancy
of McLean Pumphrey,
Mr. Clem had no comments.
Mr. Kimball had no comments.
Mrs. Forester commended the Mayor and town staff on the excellent slide presentation at the
SWCB meeting in Richmond. It was well done and well received by the SWCB.
Mrs. Forester noted that the selection committee has'reviewed the proposals for the Engineering
Plan Review Services, and will be interviewing the two engineering firms she thanked members of the
Council for selecting her to this committee and stated that it was very enlightening and informative.
Mrs. Forester stated that Mr. Vaughn has joined the Planning Commicsioa.
Mr. Tolbert stated that the Environmental Advisory Cornmiasion met on Monday, March 27,
1989 and that the meeting was very productive. Arbor Day plans to be held on April 17, at Ida Lee
Park were progressing very well. State, Federal, and local governments are invited to be present.
MAYOR'S REPORT
Mayor Sevila thanked members of Council, Mr. Lovin and Mrs. Forester, who were able to go
to Richmond, to show support to the SWCB on behalf of the town. Mayor Sevila commended Randy
Shoemaker and Andy Stodock for the excellent job in preparing the technical data and the slide
presentation. Mayor Sevila is hopeful that the town did have an impact on the SWCB.
Mayor Sevila received this week, two petitions which he presented to the Council on behalf of
the petitioners. Both petitions are related to public hearing items held at the last Council Meeting.
The first was a letter from Janet Perry enclosing a petition from residents on Loudoun Street and
signed by 40 residents. The petitioners are asking and support the rescheduling of the MP date for
Loudoun Street to 1989. This letter and petition is made part of the record for that public hearing,
and it is noted that Council has moved the CP date to 1990.
The other petition received by the Mayor is from Mr. Beaver who spoke at the public hearing
concerning the McKimmey Feed Store property. This petition objects to any usel of the McKimmey
Feed Store property, which will significantly increase traffic'and/or noise. There were approximately
12 - 15 signatures. This letter and petition is made part of the record for that public hearing.
II
Mayor Sevila mentioned that the hospital would not be doing the 10k race but are instead doing
a corporate challenge field day at the high school. The Northern Virginia Building Industry Association
(NVBIA) has decided to conduct the 10k race in Leesburg this year and to use the proceeds raised from
I►
249
ii
Minutes of the March 28, 1989 Council Meeting Page,31
ii
the event (from corporate contributions and participant fees, etc.,) for lodging for;the homeless in our
community. The NVBIA letter asks the Mayor and Council to allow them to conduct the 10k race on
June 11. The NVBIA is proposing to use the same couise,that the hospital has used in the past years.
Mayor Sevila asked Mr. Minor to copy the Councilniembers and to include this item on the
Administration and Public Works Committee agenda on,Wednesday, April 5, 1989 at 7:30 p.m.
Mayor Sevila stated that he attended, today) a;regular meeting of the, Marshall Fund and
pointed out that Mr. Mulokey had volunteered to thee Mayor that he was going to Germany on a
business trip and would use some of his time to promote ithe efforts of the Marshal Fund. Members
of the Board of Directors of the Marshall Preservation Fund, asked the Mayor to publicly commend Mr.
Mulokey on his enthusiasm and support and to wish him good luck on his upcoming trip to Germany.
The Town looks forward to the results on this worthy project
i `
Mayor Sevila stated that annually the town workswith the seniors of the high school to conduct
the Student Government Town Council Day of the Mock Town Council. This year the issue is the
importance to Leesburg of the relocation of the county:government complex within or outside of the
Town of Leesburg. Mayor Sevila asked Jim Cooke a'senior to present the Solution to the Town
Council, and to present the resolution on April 3, to the Loudoun County Board of Supervisors.
Jim Cooke thanked the Mayor and Council for having the student government day at Loudoun
County High and for hearing the resolution prepared by the seniors. Mr. Cooke also, personally
thanked the Mayor for taking the time to listen to all of;the opinions of the seniors and for running
the Town Council so smoothly. Mr. Cooke then read the mock resolution.
After reading the resolution, Mr. Cooke stated that'of 112 members that voted, 9 were for the
resolution and 3 were against
MANAGER'S REPORT
Mr. Minor stated that the Council had received the Activity Report on Monday, March 27, 1989.
,
LEGISLATION
On a motion of Mr. Tolbert, seconded by Mr. Kimball the following ordinance was proposed.
89-0-8 - ORDINANCE - AMENDING THE LFFSBURG ZONING MAP
1i
WHEREAS, the following proposed amendment to the Leesburg Zoning Map #ZM-105 was
initiated by Council on November 22, 1988, and
WHEREAS, public hearings were held by the Leesburg Planning Commission on January 5,
1989, and the Leesburg Town Council on March 14,1 1989, atwhich time peisons affected by this
application appeared to present their views, and I I 1
1
WHEREAS, on January 19, 1989, the Planning ;Commission recommended denial of the
proposed rezoning to Council; and i
WHEREAS, it is determined that the public necessity, convenience, general welfare and good
zoning practice require the proposed amendment because:
II I
1. The M-1 Industrial Zoning District permits many land uses which are incompatible with
the Old and Historic District of Leesburg. I i I
2. The Land Use Policy Map of the Town';Plan has designated this parcel in the Mixed
Use/Downtown category, which is more compatible with revitalization near the intersection of South
Harrison Street and South Street i i
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Zoning Ordinance amended to revise the Zoning District Map to
change from M-1 to B-1, 1.3 acres of land shown on a plat prepared by Bengston,'DeBell, Elkin & Titus
and dated May 3, 1985, and more particularly described as Tax Map 48A (28) 1)which is not included
in the 'F-1' Flood Zone District.
I �
SECTION II. This ordinance shall be in effect upon its passage.
Mr. Clem stated he had a problem with this ordinance. Rezoning this property from M-1 to
B-1 is the proper and best thing for Leesburg, however,I the developer should be the one to initiate the
rezoning. Mr. Clem feels, personally that the town is a bad precedent in initiating this rezoning.
There is no opportunity for the town to accept proffer's or receive any sidewalk improvements, which
are badly needed. For these reasons, Mr. Clem does not support this ordinance. Mayor Sevila asked
Mr. Minor if Mr. Gem's concerns regarding sidewalk, improvements, storm& water, etc., could be
addressed in the site plan stage. Mr. Minor stated that any storm water issuesiwould be addressed in
the site plan, as well as frontage improvements. May,'or; Sevila stated that this particular piece of
property was on the Comprehensive Rezoning Plan. Mr. Clem agrees that Si proposed zoning to B-
250
Minutes of the March 28, 1989 Council Meeting Page 4
1 is correct. Mayor Sevila supports the motion.
Aye: Councilmember Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila.
Nay: Clem •
On a motion by Mr. Clem, seconded by Mr. Tolbert the following ordinances and resolutions
were moved and unanimously adopted as consent items:
89-0-9 - ORDINANCE-AMENDING SECTION 10-171(4)OF THE TOWN CODE TO REMOVE
PERMIT-ONLY PARKING FROM THE MUNICIPAL PARKING AREA
WHEREAS, construction of the Municipal Government Center will require the removal of over
fifty parking spaces from the main town parking area; and
WHEREAS, the Leesburg Volunteer Fire Company has offered to allow town employees to park
at the fire station on Loudoun Street at no charge; and
WHEREAS, the town lot currently provides permit parking for town employees; and
WHEREAS, as many spaces as possible should be made available for downtown visitors:
I �
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-171(4) of the Town Code is hereby amended to read as follows:
Sec. 10-171 Establishment of meter zones and parking time limits therein.
(4) Municipal parking area between 'Wirt Street, King Street, Loudoun'Street, and Market
Street, for three-hour parking, exoept-spases-elesignatecl--for-pecurit-oaly-parking, for 15-minutes town
office visitor spaces and 25 ten-hour meter spaces. .
SECTION H. All prior ordinances and resolutions in conflict are repealed.
SECTION III. This ordinance shall be effective upon initiation of construction on the Municipal
Government Center.
89-59 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION
FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF J.FFSBURG IN THE VDOT
SIX-YEAR IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1989-90 THROUGH 1994-95
WHEREAS, the Virginia Department of Transportation (VDOT hereinafter) is revising the Six-
Year Improvements Program for fiscal years 1989-90 through 1994-95; and
WHEREAS, VDOT will be conducting a preallocation hearing on April 21 in Fairfax City to
determine funding for urban system and primary Projects in the Northern Virginia construction district; •
and
WHEREAS, it is necessary that a request, by Council resolution, be made before VDOT
allocates funds inthe Six-Year Improvements Program for urban system projects; and
WHEREAS, the Plaza Street Extension project, the relocation of Route 654 between Lawson
Road and Cardinal Park Drive, and the widening of Catoctin Circle from South Street to King Street
are already on the VDOT Six-Year Plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. VDOT is requested to establish the following projects as part cf its Six-Year Plan:
Priority Proiect Description
#1 Plaza Street Extension from East Market Street to Sycolin Road at
Rockbridge Drive a distance of approximately 2700 feet.
#2 Relocation of Route 654 between Lawson
Road and Cardinal Park Drive, a; distance of
approximately 1350 feet.
#3 Widen Catoctin Circle from South 1 Street west
to South King Street! to accommodate four travel lanes
and a turning lane from a distance of approximately 3300 feet
#4 Catoctin Circle Extension from existing
terminus north of East Market Street to Edwards Ferry Road,
a distance of approximately 550 feet
1
. 251
Minutes of the March 28, 1989 Council Meeting Page 5 ,
SECTION IL The town agrees to pay its share of the total costs for preliminary engineering
right-of-way and construction of these projects in accordance with Section 33.1-44 of the Code of
Virginia, as amended and that, if the Council subsequently elects to stop or cancel any of the projects,
the town hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT
through the date VDOT is notified of such suspension or cancellation.
SECTION III. VDOT is requested to establish as a'primary system project the acquisition of
right-of-way for the completion of the grade-separated interchange at the Route 7/Route 15 intersection
on the east end of town for the following reasons:
1. Development within the required right-of-way is eminent
i
2. The current interchange is beyond capacityat peak hours and future
traffic from local and regional growth continues to escalate traffic
problems at this intersection. I
3. This project is included in the corridor study submitted by VDOT to the
Town of Leesburg.
4. Acquisition of this right-of-way prior to development of the property will
save an estimated $8 million in tax payers' money.
� I
89-60 - RESOLUTION - REQUESTING ALLOCATION OF REVENUES FROM LOUDOUN COUNTY
TRANSPORTATION DISTRICT FUEL TAXES AND INCREASED COUNTY
RECORDATION TAXES TO FUND LEESBURG'S TRANSPORTATION
IMPROVEMENTS
WHEREAS, the recent creation of the Loudoun County Transportation District imposed a 2%
fuels tax within the County of Loudoun including the Town of Leesburg and
WHEREAS, over $260,000 annually will be collected from Leesburg's businesses as a result of
this tax; and
WHEREAS, House Bill 1720, passed in the 1989 sessionof the General Assembly, will result
in an additional $1.1 million annually for Loudoun County, beginning FY91, for which funds must be
used for education or transportation purposes; and
WHEREAS, a significant percentage of county recordation transactions take place in Leesburg
and
WHEREAS, Leesburg's transportation needs are estimated to exceed $90 million; and
WHEREAS, the Town of Leesburg owns and maintains all urban system roads within its
corporate limits:
THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows:
SECTION I. The Town of Leesburg respectively requests that the Loudoun County Board of
Supervisors and Loudoun County Transportation District Commission consider an appropriate allocation
of funds to assist the town with the real property acquisition of approximately eight acres to establish
the right-of-way necessary to complete the southwest loop of the Route 7/Route 15 Bypacc intersections.
SECTION II. The mayor and vice mayor are requested to convey this request to the chairman
and vice chairman of the Loudoun County Board of Supervisors as soon as appropriate.
89-61 - RESOLUTION - AUTHORIZING AN AUDITING SERVICES CONTRACT WITH
TOUCHE ROSS AND COMPANY
WHEREAS, proposals were solicited from certified public accounting firms to provide the town
with auditing services for the fiscal years ending June 30, 1989 through 1991; and
WHEREAS, ui the proposals received Touche Ross and Company was determined to be the
firm best qualified to provide the town with these services for the term indicated.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is authorized to execute a contract with Touche Ross and Company for the
- purpose of providing the town with auditing services for the fiscal year ending June 30, 1989 through
1991. The scope of their services will be those contained in their March 10, 1989, proposal with not
to exceed fees of $20,000, $21,000 and $22,000 for the three years respectively, plus out-of-pocket
expense of up to $1,000 per year. •
89-62 - RESOLUTION - AUTHORIZING THE OPERATION OF A FARMERS' MARKET
IN VINEGAR HILL PARKING LOT AND MARKET STATION
•
252
Minutes of the March 28, 1989 Council Meeting Page 6
WHEREAS, citizens and farm producers have requested a Farmers' Market be reopened in
Leesburg and
WHEREAS, the town desires to provide a Farmers' Market for the benefit of citizens and
producers and to promote tourism and commerce within Leesburg and
WHEREAS, producers and staff have determined the most appropriate location for the market
is in the Vinegar Hill parking lot at Market STation:
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
SECTION I. Farmers' Market may use up to eight (8) parking spaces in ,Vinegar Hill parking
lot.
SECTION II. Market will operate on Thursdays from approximately 9:00 am. until 5:00 p.m.
beginning June 1, 1989, through October, 1989.
•
SECTION IIL Producers must complete an application to sell and comply with Farmers'
Market regulations.
•
89-63 - RESOLUTION - AUTHORIZING AN OFFER TO THE MOOSE LODGE #1041 FOR
THE FEE SIMPLE PURCHASE OF 2.0446 ACRES AND THE PURCHASE
OF AN EASEMENT ON 3.8554 ACRES NEEDED FOR THE AIRPORT'S SOUTH
RUNWAY EXTENSION
WHEREAS, on October 25, 1988 the Town Council adopted Resolution #88-200 authorizing the
fee simple purchase offer for the Moose Lodge property needed to establish a clear zone for the airport
runway extension; and
WHEREAS, negotiations continue during condemnation proceedings; and
WHEREAS, the result of continuing negotiations with the Moose Lodge and the Federal
Aviation Administration is that 2.0446 acres are needed for fee simple purchase and 3.8554 acres
require an aviation easement; and
WHEREAS, the Moose Lodge and the FAA agree that the partial fee simple and easement
acquisition combination versus the total fee simple condemnation arrangement is satisfactory; and
WHEREAS, the Moose Lodge and the Town acknowledge that an essential public convenience
and necessity exists requiring entry on the property prior to the determination and deposit of the
amount of just compensation.
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
SECTION I. The Moose Lodge #1041 is hereby offered the sum of $497,032 for the purchase
of fee simple title to 2.0446 acres and aviation easement over and across 3.9554 acres, more or less
shown on the attached plat of Ross, France, and Ratcliff, LTD., dated August 20, 1987, on condition
that tide to the land affected is free and clear of all defects, liens or encumbrances.
SECTION II. In the event this offer is not accepted in writing within ten days of receipt, town
attorneys are authorized to amend the requisite petition for condemnation and early entry, on behalf
of the Town of Leesburg.
SECTION M. The previous offer dated October 25, 1988 is hereby withdrawn.
89-64 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF
CARL BERNSTEIN INVESTMENT CORPORATION FOR REVISION OF THE
ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC
HEARING UNDER CHAPTER 11. TITLE 15.12 OF THE 1950 CODE OF
VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg as follows:
The application of Carl Bernstein Investment Corporation (#ZM-108) for revision of the Zoning
District Map from County R-1 (Single-family Residential) to Town R-1 (Single-family Residential) is
received and referred to the Planning Commission for public hearing and recommendation under
Chapter 11, Title 15.12 of the 1950 Code of Virginia, as amended.
89-65 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR CARDINAL INDUSTRIAL PARK LOT 13
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
i 253
Minutes of the March 28, 1989 Council Meeting Page 7
improvements shown on the plans approved by the Director of Engineering
Cardinal Industrial Park Lot 13. and Public Works for
SECTION II. The irrevocable bank letter of credit in a form approved by the town attorney
from First American Bank in the amount of$68,706.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering id Public Works
for Cardinal Industrial Park Lot 13.
Aye: Councilmembers Clem, Forester, Kimball,'Lovin, Mulokey, Tolber, Mayor Sevila
Nay: None
and Onna motion by Mr. Kimball, seconded by Mr. Mrilokey the following resolution was proposed
unanimously adopted.
89-57 - RESOLUTION - ADOPTING THE 1990-94 CAPITAL IMPROVEMENTS PROGRAM
WHEREAS, Section 15.1-464 of the Code of Virginia, as amended, authorizes preparation and
annual review of a Capital Improvements Program (CIP);'and i
WHEREAS, the Town Manager submitted a proposed Capital Improvements Program on
February 24, 1989 to the Town Council and Planning Commission; and
WHEREAS, a public hearing on the OP was held March 14, 1989; and
WHEREAS, the Planning Commicgen has reviewed the 1990-1994 CIP recommends adoption
to the Council; and
WHEREAS, subsequent to the public hearing they Council proposed modifications to the CIT,
summarized in a memorandum to the Council dated March 17, 1989; and
WHEREAS, this Council has challenged Dulles Area Watershed policies which will impose an
unreasonable and unnecessary burden on the town's utility customers; and
WHEREAS, this Council is hopeful that a Wastewiaer Treatment Plant Expansion at Norther
Virginia Planning District Commission recommended standards, which exceed current plant treatment
standards, will be approved by the State Water Control Board at considerable savings to the citizen's
of Leesburg, and
WHEREAS, the P provides a long-term plan for CIthe financing acquisition and construction
of capital facilities, projects and equipment
• THEREFORE, RESOLVED by the Council of the (Town of Leesburg in Virginia as follows:
hereto. The 1990-1994 Capital Improvements Program ishereby adopted with the revisions attached
Mr. Minor made a correction to the resolution, last sentence should read ". . . adopted with the
revisions attached hereto."
Mr. Minor then made some revisions to the March 27, 1989 CW ISSUE SUMMARY, as follows:
The "Issue" column for the Chancellor Street Bike Path was changed to read "Construction bike path
from Chancellor Street to Dry Mill Road at cost of $102,000 in 1992."
The 'Issue' column for the WPCF Expansion was changed ito read: Whether to include $14.5 million
NVPDC recommended plant design and construction?
Mr. Minor noted the Dulles Area Watershed Policies as the impact on the next expansion of the town's
wastewater treatment plant. He has received recent communications from the Executive Director of
the SWCB concerning a consent order.
A consent order !int;, stats that the town can build its plant expansion at NVPDC standards.
Mayor Sevila summarized the 1990-1994 OP as being reduced from $103 million to $63 million.
Mr. Mulokey made an administrative comment regarding the heading of the March 27, 1989 CIP
ISSUE SUMMARY, stating it should read 'CHP REVISIONS SUMMARY".
The resolution was unanimously adopted.
Aye: Councilmembers, Clem, Forester, Kimball, Lovin, Mulokey, Tolbert, Mayor Sevila
•
Nay: None
254
Minutes of the March 28, 1989 Council Meeting Page 8
On a motion by Mr. Tolbert, seconded by Mr. Lovin the following resolution was proposed and
unanimously adopted.
89-58 - RESOLUTION - AWARDING A CONTRACT AND MAKING AN APPROPRIATION FOR
THE MUNICIPAL GOVERNMENT CENTER/PARKING COMPLEX
WHEREAS, general obligation bonds were sold to partially finance the construction of a new
municipal government center/parking complex in downtown Leesburg to meet severe parking shortages
within the historic district and to provide new, larger office
operations; and space to permit consolidation of all town
WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding, of the Leesburg
Purchasing Regulations for the construction of this facility; and
WHEREAS, the bids were evaluated pursuant to the bid documents, town purchasing
regulations and the Virginia Public Procurement Act; and
WHEREAS, the town manager, in consultation with special legal counsel, and the town's
architect, Director of Finance, Director of Engineering and Public Works and Capital Projects
Coordinator, recommends award to the lowest responsible and responsive bidder, Manhattan
Construction Company; and
WHEREAS,this Council concurs with the manager and finance director's written determination
under Section 10.6 of the town's purchasing regulations and Section 11-68 of the 1950 Code of Virginia
as amended, that proceeding with the contract award without delay is necessary to protect the public
interest
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized and directed to execute, on behalf of the town, a lump
sum contract with Manhattan Construction Company in the amount of $10,198,000.00.
SECTION II. An appropriation is authorized in the amount of $4,325,560.00 to the Buildings
Capital Projects Fund which includes a 2% contingency. The appropriation will remain in effect until
the project is completed.
Council concurs in the finding that Manhattan Construction is the lowest, responsible and responsive
bidder.
Mr. Minor noted that Hanno Weber the town's architect for the municipal government center project,
was here tonight He was selected through international design competition which won a Virginia
Municipal League Achievement Award.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert, Mayor Sevila.
Nay: None.
On a motion by Mr. Lovin, seconded by Mr. Tolbert, a resolution making an appointment to the
Leesburg Board of Architectural Review was unanimously sent back to the Planning and Zoning
Committee for further discussion.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert, Mayor Sevila.
Nay: None.
On a motion by Mr. Tolbert, seconded by Mr. Kimball the meeting was adjourned at 9:15 p.m.
Robert E. Sevila, Mayor
.aaii /S
Clerk of Council