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HomeMy Public PortalAbout1989_11_14 !I I•lo MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL NOVEMBER 14, 1989 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on November 14, 1989 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Councilmember Tolbert and the Salute to the Flag led by Councilmember Forester. All members of Council were present and included: Mayor Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin, William P. Mulokey and John W. 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 Engineering and Public Works Thomas A. Mason, Director of Utilities Randolph W. Shoemaker, Traffic Engineer Calvin Grow, Planner Peter Stephenson, Public Information Officer Susan Farmer and Deputy Town Attorney Deborah Welsh. On motion of Mrs. Forester, seconded by Mr. Tolbert, the minutes of October 10, .1989 were deferred until the motions before and after the Executive Session can be verified.. The minutes of October 24, 1989 were unanimously approved as written. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Mayor's Report Mayor Sevila called upon a group of 4th graders from the Leesburg Elementary School to present a proclamation on behalf of National Education Week. 4 PROCLAMATION AMERICAN EDUCATION WEEK November 12 - 18, 1989 WHEREAS, the quality of public education in Loudoun County affects not only the growth and potential of individual children, but also the health and viability of the County as a whole, and WHEREAS, Loudoun citizens can be justifiably.proud of the academic accomplishments of Loudoun students as compared with their peers throughout the State and Nation, and WHEREAS, strong and informed community support of Loudoun's schools is necessary to continue to provide Loudoun's children with the very best education; • NOW THEREFORE BE IT RESOLVED, that the Loudoun County Board of Supervisors proclaims that the week of November 12 through 18, 1989, which is American Education Week throughout the Nation, be so designated as a time for all citizens to reaffirm their commitment to public education in Loudoun County by visiting their local schools to gain first hand knowledge of the programs which are helping to shape the futures of our youth, our County and our Nation, and by contributing their time and their talents to help make Loudoun County Public Schools even better. Mayor Sevila called upon Mr. Terry Titus, Mr. Roland Carlson, Mrs. Patricia Muir, Mr. Hubbard Turner, Mr. Beckham Dickerson and Mr. Thomas Donnelly and presented them each with a Certificate of Appreciation for service on the Citizens Advisory Committee on Proposed Zoning District Regulations. The Mayor explained that this committee was created following the June 24, 1989 roundtable meeting. The committee began in July and met for 14 consecutive weeks. The current draft is now being considered by the Planning Commission and Council and is the product of hard work and diligence of all the citizens who served on that committee. The Town and Town Council thanked the committee for their time and participation. It took a lot of hard work, dedication and patience. Petitioners There were no petitioners. PUBLIC HEARING - VACATION OF BOUNDARY LINES,_ LOTS 1-4, BLOCK G, FAIRVIEW SUBDIVISION Ms. Imhoff addressed the Council stating that this is a request to vacate four boundary lines, lots 1 through 4, Block G of the Fairview Subdivision. It is a State Code requirement that the town hold a public hearing for this vacation. The intent is to take four small lots, combine them into one lot and then to eventually do a minor subdivision. Mr. Minor explained that at a prior Planning and Zoning Committee meeting, Council directed staff to prepare an ordinance for consideration at this Council meeting. On motion of Mr. Mulokey, seconded by Mr. Clem, the following ordinance was proposed and unanimously adopted: • • Minutes of November 14, 1989 89-0-30 - ORDINANCE - VACATING THE PROPERTY BOUNDARY LINES SEPARATING LOTS 1- 4, BLOCK G OF FAIRVIEW SUBDIVISION WHEREAS, Kathleen Campbell, owner of Lots 1-4, Block G of Fairview Subdivision desires to locate two existing structures constructed over the property boundaries separating these lots on individual lots that more closely satisfy zoning ordinance regulations; and WHEREAS, prior to approval of a subdivision plat that creates these two lots, the three existing property boundaries separating Lots 1-4 must be vacated; and WHEREAS, Section 15.1-482 of the 1950 Code of Virginia, as amended, sets forth the enabling authority for the Town of Leesburg to vacate a portion of approved subdivisions after the sale of lots; and WHEREAS, on November 14, 1989, the Town Council held a public hearing on this property boundary line vacation; and WHEREAS, vacating these property boundary lines is in the best interest of the public necessity, convenience, general welfare and good zoning practice: • THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: The three property boundary lines separating Lots 1-4, Block G of Fairview Subdivision, shown on the vacation plat prepared by J. Horace Jarrett, dated July 31, 1989, and recorded in Deed Book 9P at Page 102 1/2 among the land records of the Clerk's Office of the Circuit Court for Loudoun County, Virginia, is hereby vacated, and the Clerk of the Council shall file a certified copy of the ordinance with the Clerk of the Circuit Court of Loudoun County, Virginia, when the 30-day appeal period has elapsed. Mr. Lovin stated that he and Mr. Clem were present at a Listening Session when Mrs. _ Campbell brought this project to Council's attention. He believes that by combining the lots will offer a better situation to the overall subdivision and is very supportive of the proposed legislation. Mayor Sevila asked what the dimensions of the newly created lot would be. Ms. Imhoff replied 217'x100'. Mr. Clem believes that this is good zoning practice and will enhance the neighborhood. Mayor Sevila explained to Mrs. Campbell, who was concerned with having the public hearing, that it is the law and this necessary step had to be taken. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None , PUBLIC HEARING - VDOT ROUTE 7 CORRIDOR STUDY PLAN • Mr. Stephenson addressed the Council giving a staff report. He stated that this was a public hearing on the Route 7 Corridor Plan as prepared by the Virginia Department of Transportation. The plan was revised by VDOT prior to tonight's meeting. The focus of the study is to provide access and circulation to the rapidly developing corridor along Route 7, which is a limited access highway. This is a long range transportation plan which will serve to update the Town Plan. Loudoun County adopted a similar plan in 1988. The limited access highway, being Route 7, traffic will flow and access via several grade separated interchanges. These interchanges are Route 7 and the Bypass, proposed Battlefield Parkway and relocated Route'653. Traffic will exit Route 7 at these interchanges and will flow arterial and collector roads to access the individual properties. Other features aside from the interchange that were not present in VDOT's 1986 plan are to have interparcel connectors across Route 7 via grade separated fly-overs across Route 7 connecting the north and south sides of Route 7. The major concern of this study is access. How will access be provided for in the future for all of the properties with existing direct access to Route 7. The plan's response is that all properties with existing at-grade access to Route 7 will retain that access until an alternate access is provided. Under State law an alternate access must be provided. At-grade curb cuts along Route 7 will work to improve the flow of traffic along Route 7, long term. Without the interchanges and the fly-oven and the connections, grid lock would prevail. Another concern is the proposed interchange with Route 653 relocated. The 1986 plan proposed a fly-over at this location, however, due to anticipated traffic volume a grade separated interchange will enhance tie system. The question at this point is of interchange design and right-of-way dedication. VDOT 's recommending a full clover leaf design at this location. Alternatives will be considered and may be acceptable if the alternative designs will function properly. Alternate designs are more likely to be accepted if VDOT is not the sole funding source. Staff is proposing that Council endorse this plan, conceptually, and allow for a six month review period. Within this six month period, interested parties can provide alternatives to staff and to VDOT for review and consideration. Another concern is access to roads leading to Route 7. Edwards Ferry Road and the Route 15 north bypass is yet another concern. This area was shown as a fly-over in the 1986 plan, with the Battlefield shopping center, Fort Evans shopping center, Shenandoah shopping center, etc. Staff has been pursuing interchange designs to allow for a grade separated interchange at this location. However, VDOT.has recommended a fly-over until the engineering aspects are fully worked out. A new issue that has been brought up is that cf proposing a park and ride facility as part of the corridor plan. The Town Plan encourages these types of facilities. The Mayor welcomed Mr. Richard Harrison, Senior District Transportation Planning Engineer 412 • Minutes of November 14, 1989 for the Virginia Department of Transportation. He addressed the Council stating the importance and the function of the corridor plan and expressed VDOT's appreciation for the cooperation from the town staff in working on the corridor plan. At the Planning Commission public hearing he stated the importance of actidg upon this plan because of the existing development plans in the town and county. VDOT has recommended that the corridor plan specify the proposed interchange be a full clover-leaf. This does not set well with some of the property owners because this design requires more land. He mentioned the six month period in which interested parties could provide alternatives to the plan. VDOT also recommends that this be done by the private sector because of the time involved. The limited access feature will ultimately change the character of Route 7. In order to facilitate the access feature there must be some parallel roads - in the long run, this will be a bonus to the adjacent land owners. If VDOT is going to carry the future growth and traffic, we must protect the corridor which Route 7 is the artery. VDOT believes that this is a good plan and asks Council to take consideration of this plan and hopefully adopt it. Mayor Sevila asked if the County's corridor plan has been adopted. Mr. Harrison stated yes and that VDOT has tried to make the town's plan compatible to the County's plan. Mr. Kimball noted that the Council has been following, with some interest, the continuing debate of the western bypass. He recalls seeing some charts and graphs that indicate a western bypass that is in the same area as the Cross Trail Boulevard. He asked Mr. Harrison to comment on this and on what he thinks may happen in this area. Mr. Harrison stated that he did not know where the outer bypass was going - but feels sure that it will be a limited access if it is ever built. Looking at the overall transportation plan for the town and county, VDOT has laid out a grid of roadway networks with the Toll Road extension and at the interchanges at Route 7. Mr. Kimball asked if VDOT did the park and ride lot in Warrenton, Virginia. Mr. Harrison stated yes. Mayor Sevila asked what the total number of grade separated interchanges were from the Town of Leesburg to the Fairfax County line. Mr. Harrison stated 9 counting Route 653. The Mayor asked what the level of service was on Route 7. Mr. Harrison stated during peak hours probably level E. Mr. Harold Hetzel, a property owner on Route 7 addressed the Council concerning access. The Hetzel family wishes to express their concerns about the proposed dosing of their access to Route 7. Their property is approximately 4.7 acres located between the FAA building and Cardinal Park Drive. The land was purchased in 1966, the existing dealership was immediately built and began doing business as an operating franchise dealership. By cutting off our access the effect will be devastating on our current client who leases the property in his ability to do business. The property was developed over 20 years ago to function as it does today, therefore, it is not for sale. The closing of access will '. also have a devastating effect on the value of the property. If the access is closed, a valuable asset will be taken away. We will protect that asset to the best of our ability. We ask you to treat us as you would treat yourselves - each and everyone of you, if you owned our piece of property. Be fair and realize what you would be doing to an existing business and property owner who has paid taxes on a valuable piece of property for 20 years. Your decision could ruin 20 years worth of work. Mr. Sonny Hetzel stated that the success of the business in the past and the success of the business today is due entirely upon the access on Route 7. The value of the property has appreciated because of the access on Route 7 along with a lot of hard work and risk taking by the family. Has an economical impact study been conducted on this area? Have any alternate plans other than the current plans for accessing onto Route 7 been considered? Have plans for compensation for loses to local businesses and landowners been considered? Please take into consideration the effect of your decision on us. The use of this property is an asset to the community and the Town of Leesburg. It provides Leesburg with a valuable tax base. Mr. Ed Hetzel thanked the Council for listening to he and his sons. He is sure that Council • realizes the problems before them. This is a visible business - if you can't see it your not going to have it. W. C. Franzen owner of Leesburg Porche, Lincoln, Mercury and president of Leesburg Ford, addressed the Council. He leases the building owned by the Hetzel family and owns Lot 9 in Cardinal Park. His town tax liability is in excess of $60,000 per year - he feels he has a large stake in the health and prosperity of Leesburg. For the past couple of years he has felt that the powers to be in Leesburg have been less than realistic in dealing with the local business community - by limiting Route 7 inside the Town limits is just a further indication. What was the purpose of the incorporation of Route 7 to Goose Creek, specifically Cardinal Park, into the town limits? Hopefully it was to enlarge the availability of a tax paying commercial business. He has owned Lot 9 for two years and has been waiting for approval for a parts and service facility. He has hundreds and thousands of dollars in cost in that piece of property and cannot be expected to give up Route 7 access, at this time. Route 7 access is the reason Leesburg Ford is located next to the FAA - by removing access, traffic count and the convenience for the rental, parts, service and sales customers - will destroy the business. The businesses in Cardinal Park have to be offered access to Route 7 or be compensated justly for lost revenues and property depreciations. The town has incorporated his business and property into the Town of Leesburg and now wants to take away the reason that he is located in Cardinal Park. Mr. Gary Samuels a resident of 15 Morven Park Road and owner of #6 Cardinal Park Road where the Flint Ridge School is operated, addressed the Council stating that there is nothing that Council can do to compensate the landowners in terms of any spine or access roads that will duplicate Route 7 access. There is a tremendous growth in Loudoun County - 50,000 to 60,000 jobs will be • 413 .' Minutes of November 14, 1989 produced within the next 20 years because of the office development in eastern Loudoun. Where are these people going to live - not in Loudoun County, the houses are too expensive. They will commute down Route 9, western Route 7, through Berryville, Winchester and Stephenson City. The County hired a consultant firm to perform a traffic study of eastern Loudoun. The 1995 network which shows the Dulles Toll Road completed, shows the level of service on Route 7 to be D. The section between the Dulles Toll Road and Route 15 is a level D, the section of Route 7 intersecting the 7/15 bypass is level F. In the year 2010, the level of service between the Dulles Toll Road and Route 15 will be F. Ways will be found to circumvent this congestion and the town's surface streets will be used. Why are we giving people incentives to clog up the town's streets - we will be facing grid lock. Mr. Samuels suggested that the town contact Mr. Bolen to get a copy of the county's traffic study. The town does not have the information to make the kind of decision that Council is expected to make. The Mayor asked Mr. Minor to obtain the County's study. Mr. Patrick Cassidy a resident of 304 Babson Circle and owner of a piece of property that is being affected by the corridor study, addressed the Council. One concern of Mr. Cassidys' is the elimination of direct access to Route 7 and that another access will be given that does not compensate for the Route 7 access. The best access that he has been able to come up with is an access of 2 to 6 miles - this is unacceptable. Any change in access decreases the value of one's property and needs to be addressed. Who is this plan going to benefit - will it benefit Leesburg? The Route 7 Corridor Plan was initiated and adopted by the County. The County is asking Leesburg to provide a six lane corridor throughout the town for high speed traffic - most of that traffic will not stop in Leesburg --it will be commuter traffic. Council should discourage commuter traffic from coming into the town. This plan will change the character of Leesburg. Mr. Woodrow Turner addressed the Council on behalf of European American Furniture and the Hetzel Family who's businesses are located on the Route 7 corridor east of the bypass. They oppose solving the plan's problems at the expense of the existing businesses. It would be irresponsible and possibly the first step toward an illegal taking of property. This Council should not adopt a corridor plan without first resolving the access problem and studying the long range implications of this matter. These property owners will be asked to fund the improvements needed to make this plan work. Mr. Turner asked Council to take their time and not leave the access problem in 'limbo" - address it and resolve it. Mr. Steve Robin addressed the Council, representing the Alan I. Kay Companies, owners of two large parcels of land in the vicinity of the proposed interchange. They are encouraged by the November 10, staff report. These two properties total approximately 500 acres of land, both zoned industrial use and are proposed to be business parks which will produce a very substantial quantity of traffic. Together with the other properties east of Leesburg, a tremendous amount of traffic will be generated, for which there needs to be a network. The Route 7 Corridor Plan will address an important part of this network. The Kay company is proposing to accommodate at least three major roads - these roads would be constructed on this property to a design standard that exceeds what would be needed. We have been working with the town staff and the County for approximately two years - in the subdivision process. Mr. Robin hopes that this plan will facilitate the rapid movement of the subdivision applications within the town's process. He noted that he and staff have worked very closely this week in an effort to see how the Kay company could help accommodate a grade separated interchange at Route 653 and build the other regional roads. He believes that staff is close to reaching an agreement. The Kay company has provided the town staff with a proposed design change including the rationale for this change. They will continue to work with town staff and VDOT to see if a resolution to this matter is possible. - Charles Smith a resident of the Virginia Knolls subdivision, representing the Virginia Knolls Homeowners Association spoke to the Council regarding the proposed Dulles Toll Road intersection at the bypass with the proposed Harrison Street Extension. The homeowners support the toll road extension to Leesburg. They strongly oppose any proposed opening of Roanoke Drive because the townhomes are too close to the street. They would support the connection of Gateway Drive to Davis Avenue. Another concern of the homeowners is a non-signalized intersection with Old Harrison Street into the new Harrison Street Extension - this coupled with a fly-over at Sycolin Road across the bypass would force the traffic back down to Harrison Street arriving at a non-signalized intersection. There should be signalized intersections, as many as possible to let traffic out of both ends of the Brandon Subdivision. He questioned how the toll road should be connected inside of the bypass to Leesburg. The Mayor noted that the documents that Mr. Smith referred to in his comments are a study that the staff is looking at. Mr. Minor stated that the Town Plan calls for an extension of the toll road access to Catoctin Circle through the relocated Harrison Street. An important provision added to the Town Plan in 1988, by Council, asks the town staff to revisit this proposal to see if it is viable, and if it functions under VDOT standards. The Harrison Street Extension Study is a proposal of Kamber Engineering in consultation with Bellomo McGee. Staff has very severe reservations about this report and does not support an extension of Roanoke Drive in the form of a fly-over connection to Davis Avenue or any other road. Staff is working with land owners in Gateway to take a look at the viability of the extension and to see how access is afforded to the Gateway/Hakim properties with this extension or by modifying the interchange. He stated that what has been proposed by Kamber, at this juncture, and what will ultimately be adopted by this Council will be quite different. • The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mr. Clem, seconded by Mr. Lovin this matter was referred to the Planning and Zoning Committee of December 6, 1989. . . Minutes of November 14, 1989 • Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Councilmember Comments • Mr. Mulokev stated that he frequently heard people complain about how difficult it is to live with all the rules and regulations of local government and that he had the idea that a lot of them would not be necessary if people were more considerate of their impact on their neighbors. There was a problem in his neighborhood with people being awakened at night. He read two letters, one in which he wrote to Mr. Wilt, the Giant Food Store manager and one that he received from the Chairman of the Board of Giant Food. In his letter to Mr. Wilt, the subject is appreciation for being a good neighbor. Dear Mr. Wilt: It was a pleasure talking with you today. It is unfortunate that I had to come with our neighbor's complaint about being awakened in the middle of the night by loud noises from the vicinity of your store. I appreciate your cooperation in identifying the noise and I agree that delivery trucks unloading their trailers are most likely the source. It is true that Giant did not have this problem with their previous location because it was farther removed from residential neighborhoods. As Leesburg grows we are squeezing closer together so it will require some adjustments for all of us. I am glad that you are maintaining your commitment to be a good neighbor. I understand that correcting this problem will be a matter of some great difficulty for you and I applaud your commitment to do it. Some businessmen might not be so civic minded. Putting short term profit ahead of good public relations. Apparently Giant understands that its profits come from the community and that money spent to be a good neighbor will be repaid by the continued healthy growth of the community. Businesses that pollute their neighborhood, degrade their neighbors and eventually their own property values. Giant should be commended for practicing responsible citizenship. I hope that your consideration for your neighbors will serve as a model for the growth of the business community in our town. I will enjoy being your neighbor and your customer. This letter was received from Mr. Cohen, Chairman and CEO of Giant Food: Dear Mr. Mulokey: While I don't usually respond to letters to which I am copied I could not let the opportunity pass to thank you for taking the time to write. As a result of your conversation with Mr. Wayne Wilt, he has worked with our delivery scheduling department to change the store delivery times from our various warehouses. We hope this action will restore good community relations between our store in Leesburg and its neighbors. Again, we do appreciate your kind comments. Mr. Wilt has truly proven that we care about you at Giant and I know he enjoyed reading your letter. Mr. Mulokev again thanked the manager at Giant for going out of his way to take care of his neighbors. He has seen what it means to be a good neighbor business. Mayor Sevila commended Mr. Mulokey on the way he handled this situation. Mr. Lovin thanked the media for the billing on the 23rd Annual Halloween Parade and also thanked the business people, fire and rescue departments. On November 3, he attended the Loudoun County Chamber of Commerce Awards dinner. Mrs. Betty Poehlman was a recipient of the 1989 Community Service Award. Another community service award went to Reverend Charles Grant who is very active in the homeless shelters in tilt County. The Business Person of the Year Award went to Bob and Marilyn DeLuca. Mr. Clem also congratulated Mrs. Poehlman and noted the fine work that Reverend Grant did in eastern Loudoun. He thanked the businesses, citizens and homeowners for coming to the public hearing tonight. The Leesburg fire department and Koons Chevrolet Oldsmobile have joined together to collect canned goods and toys for the less fortunate families during the Christmas season. Any one wishing to contribute may drop items off at the fire house or at Koons, between now and December 15. Mr. Clem noted that Ms. Taylor, a Leesburg resident, remembers the Halloween Parade in 1954 and believes that it was in existence prior to 1954. Mr. Kimball attended the Downtown Business Association meeting, during which the Mayor, town manager and assistant town manager spoke to the parking situation. It was an excellent evening, very cordial - there was a free flow of information. On December 9 and 23, the Council Chambers will be used for puppet shows for children who are shopping with their parents. This is an-excellent use of town government facilities. Mrs. Forester, as a parent and teacher, invited everyone to the schools during National Education Week - there are a lot of activities going on. IS • • Minutes of November 14, 1989 Mr. Tolbert stated that he would continue his research ori the Halloween Parade. Manager's Report Mr. Minor noted that the Council did receive a copy of the written Activity Report on Monday. Legislation On motion of Mr. Clem, seconded by Mr. Kimball, the following ordinance was proposed and unanimously adopted. • 89-0-31 - ORDINANCE - AMENDING THE TOWN CODE TO ESTABLISH A HISTORICAL PLAQUE PROGRAM IN THE TOWN OF LEESBURG WHEREAS, the Town of Leesburg received a request from the Loudoun Restoration and Preservation Society to endorse and support the issuance of historical plaques within the town; and WHEREAS,the issuance of historical plaques will give special recognition to important buildings in Leesburg, providing a better sense of the history of the Town to visitors and citizens. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 13, Planning and Development, of the Town Code is amended by the addition of a new Article to be known as Article V. Historical Plaques. ARTICLE V. HISTORICAL PLAQUES Sec. 13-52. Issuance of Historical Plaques is Endorsed A program to issue plaques to historically significant buildings in the Town of Leesburg through the Restoration and Preservation Society is established. The Loudoun Restoration and Preservation Society, Inc. is designated as the exclusive sponsor of the historical plaques. The sponsor shall be responsible for verifying building documentation, determining the eligibility of buildings, issuing the plaques, and selecting a design and manufacturer for the plaques. The Leesburg Board of Architectural Review will review and approve the criteria for determining the eligibility of buildings and the plaque design. Sec. 13-53. Issuance of plaques. After a plaque has been issued, it will remain a fixture of the building, even in the event the property changes ownership. The plaque will be mounted on the front elevation of the building in an appropriate location as determined by the sponsor and it will remain with the building unless the property ceases to meet the criteria for eligibility as determined by the . sponsor. Sec. 13-54. Officially recognized plaques. Only historical plaques issued by the Loudoun Restoration and Preservation Society will be permitted by the town. The plaques issued by the sponsor will contain registration numbers which will reference documentation on the building. The building documentation will be located . in the offices of the Loudoun Restoration and Preservation Society. Historical plaques placed on buildings in the town which have not received review and authorization from the sponsor shall be approved by Board of Architectural Review. • Sec. 13-55. Fees for the plaques. - All fees and expenses for the documentation and review of buildings, and the manufacturing • of the plaque will be collected and incurred by the Loudoun Restoration and Preservation Society. The sponsor is authorized to collect fees to cover the cost of the plaques, including research and administration. SECTION II. All prior ordinances in conflict herewith are hereby repealed. • SECTION III. This ordinance shall be in effect upon its paccage, Mayor Sevila mentioned that this was a good program and knew of other historic communities, including Alexandria, that has a program that identifies historic properties. The overall effect of these Programs is very positive. He hopes that it will serve as a reminder to our citizens of what an important asset our historic district is. Mr. Kimball agreed with the Mayor, stating that it was an excellent program that would add focus on the town's historical buildings. Mr. Mulokey stated that this encourages people to preserve their historic buildings even outside of the historic district. 416' Minutes of November 14, 1989 Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None - On motion of Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 89-228 - RESOLUTION - REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO ADOPT THE TOWN'S 1990 LEGISLATIVE POLICY STATEMENT AND AUTHORIZING AN APPROPRIATION TO JOIN THE COALITION FOR EFFECTIVE GOVERNMENT WHEREAS, the Town of Leesburg generally supports the 1990 Legislative Program and Policy Statements adopted by the Virginia Municipal League; and WHEREAS, the town particularly opposes certain actions being considered by the General Assembly such as vesting rights to zoning and the potential restriction on city transition and town annexation rights; and WHEREAS, the town has been invited to join the Coalition for Effective Local Government to lobby the General Assembly against the annexation and city transition restrictions; and WHEREAS, the town supports actions by the General Assembly that will particularly benefit the citizens of Leesburg such as changes in the local option income tax law, and the method of allocating sales tax revenue and estimating population of towns. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council respectfully requests the General Assembly to adopt legislation consistent with the Town of Leesburg Legislative Policy Statement. SECTION H. An appropriation in the amount of $8,000 is made from the General Fund Unappropriated Fund balance to account number 200.9100.560.150, for the purpose of joining the Coalition for Effective Local Government. • 1990 " LEGISLATIVE POLICY STATEMENT VESTING OF ZONING RIGHTS The Town Council of the Town of Leesburg strongly opposes any restrictions on its land use powers to establish, modify or enforce zoning classifications. I.nral governments are the most responsive to community concerns regarding determining and enforcing land use. Any restriction established state- wide that reduces local governmental control over land use regulation obviously limits responsiveness to community needs. The town is aware, through the Virginia Municipal League, that there has been some discussion to introduce a "vesting" bill in the 1990 General Assembly. VML and VACO have stated opposition to such attempts to legislate for localities this important land use issue. The town supports VML's position. COMMISSION ON LOCAL GOVERNMENT STRUCTURES AND RELATIONSHIPS Known as the Grayson Commission, this body is expected to propose on November 21, 1989, legislation designed to limit town's annexation and transition rights. As stated in the 1989 Leesburg Legislative Policy Statement the town opposes the unneceRsary restriction of these rights. If adopted these expected proposals will undermine the position of all large towns in Virginia with respect to future negotiations with counties relative to revenue sharing, annexation and city transition. For town governments to function and plan effectively, towns must have the authority to annex neighboring property where urban services are essential. Additionally, Leesburg, with utilities under design to accommodate over 45,000 citizens, may best serve those citizens as a city. Further restrictions on city transition will potentially impair contractual agreements with Loudoun County which have dealt effectively with this issue. As an alternative to the restrictive proposals of the Grayson Commission, the Virginia Municipal League and the Virginia Association of Counties have negotiated an agreement that provides for the creation of new cities and town annexation by ordinance within appropriate limitations. Any joint agreement proposed by cities, towns and counties should be seriously considered by the General Assembly. The Town of Leesburg strongly recommends that the General Assembly weigh the Grayson Commission recommendations against the agreement forged by all levels of local government in Virginia. INCOME TAX AND OTHER REVENUE SOURCES FOR TRANSPORTATION The Council of the Town of Leesburg encourages the General Assembly to include towns in the local option legislation authorizing income tax. The current law adopted last year provides only for 11179 1 Minutes of November 14, 1989 collection of income tax by county and city governments, specifically excluding towns. Though the Council is not currently considering proposing an income tax, it is important that towns, which maintain their own roads under Section 33.1-41.1, the 1950 Code of Virginia, as amended, have the same opportunity to-collect additional revenue as cities and counties. The additional revenues are required to meet Leesburg's major transportation needs. As outlined on many occasions, examples of the specific future growth needs of our transportation system are: 1. Widen Route 15 by-pass to four lanes in the northeast quadrant at an estimated cost of $3.5 million. 2. Acquire right-of-way and complete cloverleaf interchange at Route 15 bypass and East Market Street at an estimated cost of $10 million. 3. Construct a grade separated fly-over at Route 15 bypass and Sycolin Road at an estimated cost of $2 million. 4. Construct grade separated interchange on Route 7 at Battlefield Parkway at an estimated cost of $10 million. These and other transportation improvements cannot be effectively accomplished with conventional revenue sources. Income tax revenue and other sources are urgently requested from the General Assembly to meet the community's expanding transportation needs. SALES TAX ALLOCATIONS Sales tax revenue is now distributed on the basis of the percentage of school age children by jurisdiction. The Town Council recommends that a more appropriate method of distributing sales tax revenue would be to allocate revenue to the government where the business is located. POPULATION ESTIMATES " The Town Council urges the General Assembly to adopt legislation which requires the accurate estimate of town population. Current methods of estimating town population do not provide up to date figures while cities and counties are properly updated every year. ABC and law enforcement revenues are distributed based upon population estimates which are updated for cities and counties each year by the Center for Public Service but are based on census data for towns, collected every ten years. This obviously "unfair allocation method must be corrected, as it costs citizens of growing towns such as Leesburg (which has doubled its population in ten years) tens of thousands of dollars annually. _ Mr. Minor stated that all of the statements, with the exception of one, essentially parallels the Virginia Municipal League's legislation policy for the coming session of the General Assembly. He then briefed the Council on each of the statements. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Kimball, seconded by Mr.'Clem, the following resolution was proposed and unanimously adopted. 89-229 - RESOLUTION - ENDORSING A NORTHERN VIRGINIA REGIONAL JAIL FACILITY WHEREAS, the Chief Administrative Officers of the Northern Virginia Planning District Commission met with the Northern Virginia Sheriffs in January, 1989, to discuss jail crowding in the region; and WHEREAS; the Sheriff's Technical Committee was formed to study the concept of construction of a regional jail facility for sentenced minimum security inmates serving six years or less; and WHEREAS, the Chief Administrative Officers received the interim report and recommendations of the Sheriff's Technical Committee and agreed that regional jail development is the most cost effective means to relieve jail crowding; and WHEREAS, a regional jail will contribute to this Council's desire to limit the need to expand the current jail in the downtown historic district; and WHEREAS, the concurrence of the governing bodies is required in order to proceed with the - development of this project: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Northern Virginia regional jail is hereby endorsed and the chief administrative officers and sheriffs technical committee of the Northern Virginia Planning District Commission are hereby requested to: ,. Minutes of November 14, 1989 (1) Pursue all possible efforts to acquire publicly or privately owned property upon which to locate a regional jail, (2) Pursue a mutually acceptable agreement for the operation and administration of a regional jail, (3) Pursue any legislation necessary to construct and operate this facility, (4) Pursue the most cost effective methods for planning, constructing and operating a regional jail. Mr. Kimball stated relative to the NVPDC, there was an article in the Post on November 9, discussing this matter. Sometimes it is difficult to recognize that Leesburg is a part of Northern Virginia. This article points out regional solutions to some of the collective problems. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Clem, seconded by Mr. Tolbert, the following resolutions were proposed as consent items and unanimously adopted. 89-230 - RESOLUTION - SETTLEMENT AUTHORIZATION OF TOWN VS. FORT EVANS LIMITED PARTNERSHIP, AT LAW NO. 10253 WHEREAS, there is pending before the Circuit Court of Loudoun County, Virginia, a suit styled, The Town of Leesburg vs. Fort Evans Limited Partnership and .2347 acres, m ore or less, at Law No. 10253 for the condemnation by the Town of a 20' permanent and 20' temporary construction easement for the installation of the water line along the Route 15 Bypass: • THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a settlement agreement in such case in a form approved by the Town Attorney to include payment of the sum of $39,616.00•to Fort Evans Limited Partnership. The sum of $28, 368.75, representing the amount paid by the Town to Fort Evans Limited Partnership for the right-of-entry upon such property, shall be applied as a credit.. 89-231 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE STAR PONTIAC VEHICLE STORAGE FACILITY RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The inanager shall execute the contract for public improvements for the improvements shown on the plans approved by the.Director of Engineering and Public Works for the Star Pontiac Vehicle Storage Facility. SECTION II. A performance guarantee in a form approved by the town attorney in the amount of $80.250.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Star Pontiac Vehicle Storage Facility. 89-232 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INTHE SOUTH HAVEN SUBDIVISION WHEREAS, Tedence, Inc., the developer of South Haven Subdivision has completed the public 1 improvements in accordance with approved plans and town standards, and these have been inspected and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from Farmers and Merchants National Bank in the amount of $68,758.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $17,189.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of as built drawings and a properly . executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 89-233 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE - GUARANTEE AND WATER EXTENSION PERMITS FOR TAVISTOCK FARMS OFFSITE WATERLINE 119 Minutes of November 14, 1989 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 Tavistock Farms Offsite Waterline. SECTION II. The extension of municipal water for the Tavistock Farms Offsite Waterline is approved in accordance with Section 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit ina form approved by the town attorney from Perpetual Savings Bank FSB in the amount of $50,663.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Tavistock Farms Offsite Waterline. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mrs. Forester, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted. 89-234 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON A PROPOSED ZONING ORDINANCE AMENDMENT REGARDING THE H-2 HISTORIC CORRIDOR OVERLAY DISTRICT AND GUIDELINES RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: A Notice of Public Hearing to consider a proposed amendment to the Leesburg Zoning Ordinance regarding the H-2 Historic Corridor Overlay District and Guidelines shall be published in the Loudoun Times-Mirror on November 23 and 30, 1989, for public hearing on December 12, 1989, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, 22075. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Clem, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 89-235 - RESOLUTION - ENDORSING THE LOCATION OF THE NATIONAL AIR AND SPACE MUSEUM EXTENSION AT WASHINGTON DULLES INTERNATIONAL AIRPORT WHEREAS, Washington Dulles International Airport is the gateway to Virginia, as well as, the Nation's Capital for millions of domestic and foreign tourists and an important economic development asset for Loudoun County and the Town of Leesburg; and WHEREAS, the Smithsonian Institution is considering locating an extension of its world- renowned Air and Space Museum at Dulles Airport; and WHEREAS, the space shuttle Enterprise is currently stored at Dulles Airport and will serve as the cornerstone of this proposed museum extension; and WHEREAS, this new facility is estimated to draw more than 3.5 million visitors annually, resulting in up to $30 million in tax revenues from visitors utilizing area hotels, restaurants, shops, gasoline and services; and WHEREAS, this facility is planned to be the national center for research and education in the fields of aviation and aerospace history; and WHEREAS, the Town of Leesburg wishes to join other governments and business organizations to show support for the museum extension at Dulles Airport THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: This Council hereby endorses development of the National Air and Space Museum extension at Washington Dulles International Airport and supports the efforts of officials from Loudoun County, Dulles Airport and the Commonwealth of Virginia to secure this vital facility for Dulles Airport and the nation. Mr. Clem stated that the location for the extension of the museum has been narrowed down to Dulles and Baltimore. Mr. Lovin stated that he is representing his employer, who is with the Committee for Dulles. The location decision is scheduled to be made in January and will be made by the Congressional Oversight Committee because the Smithsonian Institution will not choose between Baltimore and Dulles. Dulles has always been considered for the Air and Space Museum. When the airports were . 'no : Minutes of November 14, 1989 changed to a regional authority giving the State of Maryland a seat on the Regional Authority Board, Governor Shaffer wanted to bring the Air and Space Museum to Baltimore. The growth potential for Dulles, the amount of space and all the items listed in the resolution would best be served at Dulles. People in Virginia, fiom the governor through U. S. Senators and all legislative bodies, as well as, the Chambers of Commerce are trying to make our voice heard with the Federal government regarding the location. This resolution will join other resolutions of other jurisdictions and will show a ground 1 swell of support for such a facility at Dulles. Mayor Sevila stated that he is sure that Governor Shaffer is going to launch a full scale effort to bring the museum to Baltimore and is concerned whether the language in the resolution tells the Joint Committee of Congress all of the good reasons why the Smithsonian should locate at Dulles. Mr. Lovin stated that the language was critically looked at. The State of Maryland has offered the Smithsonian a bottom line financial number and the Commonwealth of Virginia does not want to get into a bidding war with Maryland - the issue comes down to site location. Baltimore is offering a site location of approximately 130 acres and a portion of the airport that would conclude any further enhancement of development. The traffic level at Baltimore is currently 10 million passengers per year. The number of passengers at Dulles is approximately 10 million per year, forecasted to go to 40 million passengers in the Twenty First Century. Dulles is offering 200 acres with the possibility of an additional 200 acres for an expansion. The museum is the most heavily visited museum in the world. Regarding education - one statistic pointed out that 40% of school children in the Commonwealth of Virginia live in Northern Virginia. The museum extension would not only house aircraft but also a center for research and education facilities. The Mayor suggested spending a little more time on the resolution - to try to address the positive things that the location in Loudoun County will do for the Smithsonian, specifically, rather than highlighting how the Town of Leesburg will benefit if they locate at Dulles - include the fact that there is an access road, a direct link with Washington and the museum, the location of the FAA in Leesburg, the existence of 40% of the school children and the things that will make it a great educational/research opportunity. Mr. Lovin stated that one of the reasons for the rapid adoption of a resolution is that a decision will be made during the month of January. The draft resolution has been reviewed by the individuals involved with the Committee for Dulles and they were very complimentary to the wording - it is basically what they wanted. Mr. Kimball stated that a major attraction at Dulles is the space factor. Dulles is approximately a 10,000 acre airport. He is sure that the government body will look at this aspect. Mayor Sevila questioned the clause in the resolution regarding the $30 million in tax revenues - which makes it seem more self-serving than an inducement for the museum to locate at Dulles. The Mayor stated that he is satisfied with the resolution if the Council was. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila • Nay: None On motion of Mrs. Forester, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted. 89-236 - RESOLUTION - AUTHORIZING FREE PARKING AT THE LIBERTY STREET PARKING LOT WHEREAS, the Christmas holiday season is an important period for downtown retail sales; and • WHEREAS, this Council wishes to do all it can to reduce any adverse effects of the municipal government center/parking structure development on a successful-1989 Christmas season; and WHEREAS, offering free parking for the 60 available spaces on Liberty Street during the Christmas season should attract many motorists, which would otherwise use the main Market Street parking lot: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Free parking will be in effect from the hours of 7:00 A.M. until 11:00 P.M., Monday through Sunday, from November 24 through December 31, 1989, and the manager is authorized and directed to post appropriate signage advertising available free parking at the Liberty Street lot. Mayor Sevila noted the DBA meeting and stated that the month of December is the month that keeps most businesses alive. They do one-third of their retail business during the month of December. The DBA will be working with the town to try to increase public awareness of the parking problems downtown - to encourage those that can, to walk to work or to car pool and to encourage downtown employees not to use the metered parking. It is very important for all of the citizens to recognize the importance of adequate parking downtown and that the Town and DBA is doing everything to achieve adequate parking. - Mr. Kimball stated that this was a proper thing to do. During the various construction phases of the new town office we will be looking into other areas where support can be given to the downtown retailers. This is a vital part of our community that we all want to ensure. Mr. Tolbert questioned the lighting at the Liberty Street parking lot. Mr. Minor reported that Li Minutes of November 14, 1989 there were currently four lights on this lot and that the fixtures will be changed from 3300 lumens to 8000 lumens - which will make it a very bright facility. Mayor Sevila encouraged the media to again show where the Liberty Street parking lot is located, that it will be well lit and will be free during the Christmas season. Aye: :ouncilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. •89-237 - RESOLUTION - RESCHEDULING THE PLANNING AND ZONING COMMITTEE MEETING AND THE ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETING TO NOVEMBER 21, 1989 WHEREAS, the Council's Planning and Zoning Committee and the Administration and Public Works Committee are scheduled to meet on November 22, 1989; and WHEREAS, these meetings will interfere with the observation and celebration of Thanksgiving: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Council's committees scheduled to meet on November 22, 1989 are rescheduled to meet on November 21, 1989, at their normal hours. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Tolbert, seconded by Mr. Mulokey, the meeting was adjourned. • 111 Robert E. Sevila, Mayor Town of Leesburg Clerk of Council • •1