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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