HomeMy Public PortalAbout1990_03_14SPECIAL MEETING MINUTES OF THE LEESBURG TOWN COUNCIL
March 14, 1990
A Special Meeting of the Leesburg Town Council was held on March 14, 1990, at 8:25 p.m., in
the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia pursuant to notice thereof having
been delivered to all councilmembers prior thereto. The meeting was called to order by Vice-Mayor
John W. Tolbert~ Jr. Present were: Vice-Mayor John W. Tolbert~ Jr., Councilmembers Christine M.
Forester, Donald A. Kimball and William P. Mulokey. Absent were Councllmembers Clem and Lovin.
Staff members present were: Town Manager Jeffrey H. Minor, Assistant Town Manager Steven C.
Brown and Director of Finance Paul York. Mayor Sevila arrived at approximately 8:45 p.m.
Mr. Minor referenced a memorandum and resolution that had been distributed to Council
earlier this evening that deals with the Dulles Toll Road extension. As a follow up to the letter that
Council authorized to be sent to the SCC, it did not qualify as a resolution under the Act. The town
needs to adopt a resolution.
Both the county and the town heard about this at the same time. The county dealt with their
issue yesterday. Our proposal is much more to the point as to what the town's real objectives and
concerns are. The Town of Leesburg was the first jurisdiction to propose the extension of the toll road
to Leesburg. Originally the discussion focused on a Route 659 terminus, east of Leesburg. This
Council has been a consistent and productive supporter of everyone's efforts to bring the road to
Leesburg. The activity has recently focused on the Toll Road Corporation of Virginia (TRCV) and the
town is on record recognizing that this is the best way to secure this important transportation facility.
The major concern that the town has had is that there not be some modification, in the future, to
change the terminus of the road to Route 659 or some other location, east of Goose Creek. We believe
that the TRCV intends and wants to build the road to Leesburg but at the same time we recognize
reality and reality may be that they don't have the right-of-way or the funds available to acquire the
right-of-way to assure that construction. The town wants to make sure that no one goes back to the
old proposal which was the Route 659 terminus. The town wants to cover every base. It is our duty.
We have been struggling with the challenge of making comments to the SCC that protect our interests
and at the same time promote the toll road and help assure that the SCC will look favorably on the
toll road. Our proposals and conditions are consistent with the alignment and with VDOT, the county
and our preferences.
Mr. Minor mentioned that the editorial page of the Loudoun Times-Mirror, today, included some
inaccurate information concerning the toll road that was very disappointed us greatly. We have been
in touch with the new editor. I know they recognize that they have an opportunity to help fashion and
form public opinion. They have a duty, as we all do, to be accurate and have all the facts.
Unfortunately, they have suggested in their editorial, that the Town of Leesburg rezone the Kay
property. The Kay property is located outside the corporate limits of Leesburg. We could no more
rezone the Kay property than we could rezone Fairfax County. The editorial also suggests that the
Town of Leesburg buy the Kay property. I don't think that our citizens would want to give $4 million
to Mr. Kay to buy the toll road property. The editorial suggests that we annex the property. We
cannot file a petition for annexation of that property under the Annexation Area Development Policies
until 1994. This Council took a very bold step, a step that was praised by Alan Kay and Brent Clark,
when you unanimously adopted a resolution, to say that Council would agree to an annexation
tomorrow of that property and would agree to modify the comprehensive plan to show employment uses
surrounding that property and corridor to meet the needs of the TRCV and the Kay property. Finally,
in a statement from Mayor Sevlla indicated that the Town of Leesburg has no objections to the county
rezoning that property if they choose to do so as a way to end the deadlock on the apparent
negotiations on the Kay property. This Council deserves to have the record set straight on the toll
road. I am confident that the Loudoun Times-Mirror will clarify those errors of fact.
Prior to the budget meeting, Mr. Minor spoke with Mr. Joe Ritenour, who is one of the
counsels to the TRCV. The TRCV has concerns about our resolution. Mr. Minor does not fully
understand them because the statute recognizes that the town can make comments and requirements
that would be imposed on the road. We do this every day in terms of private sector road development,
etc. We only have three consistent conditions that we are proposing. They are consistent with
everything that this Council has said about the toll road from the last year. In fact, that number has
been reduced substantially. The three conditions are as follows:
Guaranteed completion of the Dulles Toll Road extension to the Route 7/15 Bypass, not later
than forty-two (42) months following the issuance of the Certificate of Authority by the State
Corporation Commission.
Development of Alternative II - Initial Construction for Relocated Route 654 as shown on
Sheet 6B of 39 in Exhibit 12, and completion of the Route 654/Battlefield Parkway
Interchange 8 prior to the year 2000 at no cost to the Town, unless traffic volumes
demonstrate that the interchange is not warranted, as determined by the Town of Leesburg.
Elimination of any proposed ramp toll facilities on the two Leesburg interchanges at the
Route 7/15 Bypass and Battlefield Parkway for local traffic movements within the Town of
Leesburg.
Special meeting minutes of March 14, 1990
Peter Stephenson summarized condition number 2. He said that the town's concern with the
Battlefield Parkway interchange is one that the county also shares, as well as VDOT. Per the application,
the Battlefield Parkway interchange is designated as a future interchange. Whereas the interchange with
the bypass is an initial interchange - so when the toll road extension is completed to Leesburg, the
interchange with Route 7/15 bypass will be opened initially. We were concerned with the Battlefield
Parkway interchange, in that, if it is a future interchange then a bridge needs to be provided to keep Long
Lane open. There have been a couple of different things that the town has been exploring with the
TRCV and the county in order to keep Long Lane open and also to hopefully place a bridge in the correct
location from the beginning. The resolution states in condition 2, the development of Alternative II, which
is one that the town wishes to see developed. Otherwise, as proposed in Alternative I, Long Lane will
stay open with a bridge south of it. This would be a temporary bridge that would have to be demolished
when the interchange with Battlefield Parkway was constructed.
Mr. Minor suggested a Section HI being added to the resolution to read as follows:
SECTION III. This resolution shall be repealed upon acceptance by this Council of a contract by
and between the Town of Leesburg and TRCV in a form acceptable to the town attorney which satisfies
the conditions setforth in Section I of this resolution.
Mrs. Forester asked if the county's request for a time extension would apply to the town as well.
Mayor Sevila believed that the county's request would apply only to the county.
On motion of Mr. Tolbert, seconded by. Mrs. Forester, the following resolution was proposed.
RESOLUTION - COMMENTING ON THE APPLICATION OF THE TOLL ROAD CORPORATION OF
VIRGINIA TO THE STATE CORPORATION COMMISSION (CASE NO. PUA900013)
WHEREAS, the Town of Leesburg was the first jurisdiction to suggest and promote an extension
of the Dulles Toll Road from Route 28 at Dulles Airport to a proposed terminus at the Leesburg Bypass;
and
WHEREAS, the Dulles Toll Road extension has been a part of Leesburg's Town Plan transportation
policy map since 1988; and
WHEREAS, the Toll Road Corporation of Virginia (TRCV) has applied to the State Corporation
Commission (S.C.C.) for issuance of a Certificate of Authority to construct and operate the Dulles Toll
Road extension from Route 28 at Dulles Airport to Leesburg, terminating at the Route 7/15 Bypass; and
WHEREAS, the Virginia Highway Corporation Act of 1988 authorizes the construction of this
extension by a private corporation; and
WHE~, pursuant to Section 56-539 of the Act, local governments can participate in the approval
process and the Certificate of Authority issued by the State Corporation Commission; and
WHEREAS, the State Corporation Commission has established a deadline for receiving comments
on the application of March 15, 1990; and
WHEREAS, the Town of Leesburg has worked closely with the Toll Road Corporation of Virginia
and Loudoun County to facilitate the private construction and operation of the Dulles Toll Road extension;
and
WHEREAS, this Council is on record unanimously supporting the TRCV proposed extension of the
Dulles Toll Road to the Route 7/15 Bypass in Leesbur~, and
WHEREAS, this Council considers the extension of the Dulles Toll Road to Leesburg fundamental
to the very viability of our community and its safe and convenient access to our region:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The application of the TRCV, filed with the S.C.C. on February 2, 1990 is hereby
endorsed subject to future satisfaction of the following conditions:
Guaranteed completion of the Dulles Toll Road extension to the Route 7/15 Bypass, not later
than forty-two (42) months following the issuance of the Certificate of Authority by the State
Corporation Commission.
Development of Alternative II - Initial Construction for Relocated Route 654 as shown on
Sheet 6B of 39 in Exhibit 12, and completion of the Route 654/Battlefield Parkway
Interchange 8 prior to the year 2000, unless traffic volumes demonstrate that the interchange
is not warranted, as determined by the Town of Leesburg.
Elimination of any proposed ramp toll facilities on the two Leesburg interchanges for local
traffic movements within the Town of Leesburg.
SECTION II. The State Corporation Commission is urged to expedite and approve the Toll Road
Corporation of Virginia application for this important facility subject to the conditions set forth herein.
87
Special meeting minutes of March 14, 1990
SECTION hi. This resolution shall be repealed upon acceptance by this Council of a contract by and
between the Town of Leesburg and the TRCV in a form acceptable to the Town Attorney which satisfies
the conditions setforth in Section I.
Mr. Minor suggested preparing a separate resolution requesting an extension of time. If the town
gets an extension of time, then the aforementioned resolution would not be submitted to the SCC.
Mr. Kimban moved to amend the motion on the floor, to include several changes discussed in the
proposed resolution. The motion was seconded by Mr. Mulokey
Aye: Councilmembers Forester, Kimball, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Tolbert, seconded by Mrs. Forester, the following resolution was proposed and
unanimously adopted.
90-52 RESOLUTION - COMMENTING ON THE APPLICATION OF THE TOLL ROAD
CORPORATION OF VIRGINIA TO THE STATE CORPORATION COMMISSION (CASE
NO. PUA900013)
WHEREAS, the Town of Leesburg was the first jurisdiction to suggest and promote an extension
of the Dulles Toll Road from Route 28 at Dulles Airport to a proposed terminus at the Leesburg Bypass;
and
WHEREAS, the Dulles Toll Road extension has been a part of Leesburg's Town Plan transportation
policy map since 1988; and
WHEREAS, the Toll Road Corporation of Virginia (TRCV) has applied to the State Corporation
Commission (S.C.C.) for issuance of a Certificate of Authority to construct and operate the Dulles Toll
Road extension from Route 28 at Dulles Airport to Leesburg, terminating at the Route 7/15 Bypass; and
WHEREAS, the Virginia Highway Corporation Act of 1988 authorizes the construction of this
extension by a private corporation; and
WHEREAS, pursuant to Section 56-539 of the Act~ local governments can participate in the approval
process -"-nd fo_Er the Certificate of Authority issued by the State Corporation Commission; and
WHEREAS, the State Corporation Commission has established a deadline for receiving comments
on the application of March 15, 1990; and
WHEREAS, the Town of Leesburg has worked closely with the Tc~2 P~.~_ Cc.~cr"~t~cn cf Virginia
TRCV and Loudoun County to facilitate the private construction and operation of the Dulles Toll Road
extension; and
WHEREAS, this Council is on record unanimously supporting the TRCV proposed extension of the
Dulles Toll Road to the Route 7/15 Bypass in Leesburg; and
WHEREAS, this Council considers the extension of the Dulles Toll Road to Leesburg fundamental
to the ':c.~' viability of our community and iSs to the safe and convenient access to our region:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The application of the TRCV, filed with the S.C.C. on February 2, 1990 is hereby
endorsed subject to .~_~_~rc o~+2~f"_~Acn cf the following conditions:
Guaranteed completion of the Dulles Toll Road extension to the Route 7/15 Bypass, not later
than forty-two (42) months following the issuance of the Certificate of Authority by the State
Corporation Commission.
Development of Alternative II - Initial Construction for Relocated Route 654 as shown on
Sheet 6B of 39 in Exhibit 12, and completion of the Route 654fBattlefield Parkway
Interchange 8 prior to the year 2000 at no cost to the Town, unless traffic volumes
demonstrate that the interchange is not warranted, as determined by the Town of Leesburg.
Elimination of any proposed ramp toll facilities on the two Leesburg interchanges at the
Route 7/15 Bypass and Battlefield Parkway for local traffic movements within the Town of
Leesburg.
SECTION Il. The State Corporation Commission is urged to expedite and approve the Toll Road
Corporation of Virginia application for this important facility subject to the conditions set forth herein.
SECTION III. This resolution shall be repealed upon acceptance by this Council of a contract by and
between the Town of Leesburg and the TRCV in a form acceptable to the Town Attorney which satisfies
the conditions sefforth in Section I.
88
Special meeting minutes of March 14, 1990
Aye: Councilmembers Forester, Kimball, Mulokey, Tolbert and Mayor Sevila
Nay: None
Mayor Sevila made the following motion:
I instruct the town manager to seek an extension of time from the SCC. If the extension is granted
then withhold the filing of our comments. If the extension is denied we will have comments to the SCC
forthwith.
Mr. Minor said that if our extension is granted, tomorrow, we will not send the resolution but will
return to Council within the extension period with a contract from the TRCV that will satisfy these
conditions.
The motion was seconded by Mr. Mulokey.
Aye: Councilmembers Forester, Kimball, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Kimball, seconded by Mr. Mulokey, the meeting was adjourned.
Aye: Councilmembers Forester, Kimball, Mulokey, Tolbert and Mayor Sevila
Nay: None
Clerk of Couh~il "~ / ' ~
Robert E Se~iI~,- M~or