HomeMy Public PortalAbout1992_05_26114
TOWN COUNCIL MEETING MINUTES OF MAY 26, 1992
A regular meeting of the Leesburg Town Council was held on May 26, 1992, at 7;30 p.m., in the
Council Chambers, 25 West Market Streek Leesburg, Virginia. The meeting was called to order by the
Mayor.
INVOCATION was given by Councilmember Donald A. Kimball.
SALUTE TO THE FLAG was led by Director of Engineering and Public Works Thomas A. Mason.
ROLL CALL
Councilmembers present
Georgia W. Bange
James E. Clem
Christine M. Forester
Donald A. Kimball
Claxton E. Lovin
William F. Webb
Mayor Robert E. Sevila
Staff members present
Town Manager Steven C. Brown
Assistant Town Manager Peter Stephenson
Director of Finance Paul E. York
Director of Engineering and Public Works Thomas A. Mason
Director of Utilities Randolph W. Shoemaker
Public Information Officer Susan Farmer
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
APPROVAL OF MINUTES
The minutes of the May 12, 1992, Town Council meeting will be delivered to the Council in the June 9,
1992, Council packet.
PROCLAMATIONS/CERTIFICATES OF APPRECIATION
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following proclamation was proposed and
unanimously adopted.
PROCLAMATION
NATIONAL FLAG DAY - JUNE 14, 1992
WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag
of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated
"NATIONAL FLAG DAY'; and
WHEREAS, the Congress has requested the President to issue annually a proclamation
designating the week in which June 14 occurs as NATIONAL FLAG WEEK; and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct
educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF
ALLEGIANCE on Flag Day, June 14; and
WHEREAS, by Act of Congress, Public Law 99-54 was pe~sed to have the PAUSE FOR THE
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Minutes of May 26, 1992
PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation;
and
WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and
stands for our country's devotion to freedom, the rule of all, and to equal fights for all:
THEREFORE, BE IT RESOLVED, I Robert E. Sevila, Mayor, do hereby proclaim June 14, 1992
as Flag Day and urge all citizens of Leesburg to pause at 7:00 p.m. EDT on this date for the thirteenth
annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting
the Pledge of Allegiance to our Flag and Nation.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
PETITIONERS
Mr. Kevin Wright, representing the Talley.Ho Theater, addressed the Council with regard to the activity
of the ad hoc committee on downtown Leesburg. He expressed support in using parking fees to initiate
an advertising program for Leesburg. He stated that the town and ad hoc committee needs to find ways
to make that program work and have a definite focus on where downtown Leesburg is going. He is
opposed to the ad hoc committee's proposed motion to discontinue funding for Leesburg Renaissance.
Mayor Sevila invited Mr. Wright to attend the ad hoc committee's meeting to share his views.
PUBLIC HEARINGS:
To consider proposed bond financing and proposed water and sewer fees
Mr. Brown stated that this is a pubhc hearing regarding the issuance of revenue bonds in the maximum
amount of $27 million to finance certain costs in expanding and improving the town's wastewater
treatment plant.
He stated that the need for this expansion/upgrade became apparent shortly after the last expansion in
1987. The need is dictated by the Virginia Pollution Discharge Elimination System Permit (VPDES)
conditions which have been issued by the State Water Control Board (SWCB). The permit conditions
require the town to meet the state adopted toxicity reduction requirements. According to the past two
years of testing the town is not meeting all 185 state standards for toxicity. As a result the town needs
to improve its facility capabilities.
Continued growth in Leesburg has also prompted additional need to upgrade/expand the town's facility.
Growth initially came about as a result of the 1984 annexation where the Wwn substantially expanded
it's boundaries. At this time the town agreed to provide the necessary utilities to the expanded town
limits which nearly tripled the size of the town's area.
Mr. Brown and Mr. Shoemaker presented a slide presentation. Mr. Brown stated that the town has
currently approved and under construction development that will require nearly 700,000 gallons per day
(gpd) of sewage capacity. Also in the review process or pipeline - development is proposed that will
require another 5 million gpd.
The Council has taken a number of steps to accommodate the town's growth and to meet the standards
listed in the permit.
® In 1987 Leesburg requested permit limits from the SWCB to expand the town's plant from 2.5
mgd to 5 mgd.
· In 1988 Leesburg requested the Northern Virginia Planning Development Commission (NVPDC)
to prepare stream based development standards for the Dulles Area Watershed Policy (DAWP)
reevaluation study.
· In June 1988 Leesburg had CH2M Hill develop a "white paper" on the impact of the DAWP and
clearly there was an impact. The study showed a 200 to 300 percent increase in user fees to
accommodate the AWT standards which the town estimated to cost $55 million.
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Minutes of May 26, 1992
® In 1989 the town received notification from the SWCB that the expansion would include
requirements to go to the AWT standards.
® In March 1989 the Mayor presented the town's position paper, in Richmond, to incorporate the
NVPDC recommendations for stream-based standards.
® In July 1989 the town was successful and received a special order allowing the town to expand
to 6 mgd under the interim NVPDC effluent limitations. An estimated savings to the town of $20 million
to $30 million.
· In August 1989 the Council unanimously awarded the design and construction engineering
services contract to CH2M Hill to expand the WWTP under the special order to 6 mgd. A substantial
amount of funds have been spent, during the past 3 years, to move towards completion of this project.
· In May 1990 CH2M Hill presented their preliminary design report identifying the cost to be $34
million to expand to 6 mgd. The Council at that time stated this was too much and after a Council
workshop in September 1990, the Council reduced the expansion to 5 mgd with a cost savings of $10
million to $12 million.
· In December 1990 Council unanimously approved Amendment No. 1 which called for
incorporation of cost reduction alternatives.
· In February 1991 Council unanimously approved a contract for a comprehensive study of the
water and sewer rates.
® In August 1991 CH2M Hill presented their preliminary design report which showed the
Maryland discharge alternative to meet many of the town's upgrade requirements and the total cost of
the plant's expansion to be $22.3 million. As a result Council directed staff to apply to the State of
Maryland for the discharge permit.
· In October 1991 Council approved the first of a series of rate increases, as recommended in the
rate study commission by Deloitte and Touche, to fund the expansion/upgrade of the WWTP.
· In December 1991 the amendment to the design contract was adopted bringing the town's
investment in engineering services to $2 million.
· In April 1992 the town selected Alex Brown & Sons as the town's senior managing underwriter
for the town's proposed bond issue.
In order to proceed with this expansion the Council must authorize the bond issue and implement the
necessary rate increases. The Council has the following alternatives:
Authorize the expansion/upgrade as proposed to meet the growth requirements and
needs.
0
Upgrade the plant without expansion of the facilities or capacity. This action would require a
$6 million bond issue and would offer no economic development opportunities.
o
Do nothing. If no action is taken it would result in a mandate from the SWCB that the
town must meet the permitted conditions of the town's permit. If these conditions are
not met the town is subject to criminal penalties, fines for non-compliance, continuing
threat of potential litigation, the threat of court-ordered expansion which the town would
have no discretion or control over and the loss of the opportunity in the financial market
to sell bonds at a favorable rate.
The expansion of the town's WWTP is a reasonable and viable goal.
Mr. Brown stated that the advertised rate increases are as follows:
July 1, 1992 increase 25 percent.
July 1, 1993 increase 10 percent.
July 1, 1994 increase 10 percent.
July 1, 1995 increase 10 percent.
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Minutes of May 26, 1992
Each of these corresponding years increases the availability fees 4.5 percent. He then reviewed the
proposed water and sewer rates.
Ms. Bange stated that the proposed 25 percent increase this year is actually on the base this year not on
the base that the 35 percent was added onto last year.
Mrs. Kristen Umstattd, a resident of 353 Foxridge Drive, addressed the Council speaking in opposition
to both the bond issue and the rate increases.
She thanked Mr. York for providing her with the latest draft of the feasibility study and the bond
indenture agreements. She thanked Mr. Brown for calling her today to express his concerns about her
opposition to this. She also thanked the 28 citizens who either wrote or called her to oppose this level
of a bond issue without any referendum and the proposed increase in rates.
She expressed the following concerns:
® This is a revenue bond which means it does not have to go to referendum under Virginia law.
"However, if you look at what this bond does and the authority it gives this government - I think it places
the citizens of Leesburg in as bad a position, as they would be were it a general obligation bond which
does have to go to referendum. If people fail, if this is passed, to meet/pay these much higher rates then
the Council/government has the right to put a lien on their homes. Just as with a general obligation
bond that we would have the right to tax citizens and put a lien on their homes. In this sort of situation
where the negative impact on the citizens of this town will be just as bad as it would be under a general
obligation bond I think this Council has the obligation to make this a general obligation bond and put
it to voter referendum. Otherwise our citizens are left out in the cold. This will be the first true revenue
bond issue the town has ever contemplated. In the past we have always gone to general obligation bonds
and we have always gone to citizen referendum. There is no reason to change this unless we are afraid
the people are against it. But if they are it is their choice to make."
"Revenue bonds traditionally are to be paid offwith the revenue generated by the project. What we have
here is a project where the revenue is coming from established homeowners who don't need this project.
In past case law we have seen project defined as the particular expansion project. Here this is all to be
lumped together and the citizens are to foot the bill for all future growth. This growth is anticipated to
increase the size of Leesburg by 100 percent to 45,000-50,000 people. I don't think we can afford it. We
already have people who are staggering under tax leads. This is going to be worse then a tax rate
increase for those folks. As for the mandates I think there has been some confusion. Some of the folks
who have called me have been under the impression after to talking to people either on staff or Council
that this expansion is mandated. In fact, this expansion is not mandated by the state. What is mandated
is that we meet the higher quality effluent standards that the SWCB has set forth. Yet even while we
are using that particular environmental mandate as an excuse to issue these bonds and raise these rates
we are also planning to build a pipeline to dump all this effluent inW the Potomac so we can avoid
Virginia law entirely. Maryland which controls the Potomac and from which we need a permit to dump
all this effluent has much stricter environmental regulations then Virginia does in most cases. What if
Maryland says no permit. To the individual who said well they gave one to Lovettsville - I say Leesburg
is a whole lot bigger then Lovettsville and this is going to be a whole lot more effluent. If we are going
to have to spend money on something we may end up having to spend it on cleaning up the quality of
the effluent. We may not have the money leftover for this expansion."
"As the citizens in this room no doubt know they have 30 days after the approval by Council of any
projects such as this to file a suit and any registered voter can do it and any tax payer can do it. I don't
know if such a suit would be filed if we approve but the lawsuits may not only come from the developer's
side they may come from increasingly burdened citizenry. I don't believe we need or can afford the kind
of growth that this bond issue and these water and sewer rates anticipate and from what I have heard
from the citizens who have contacted me they don't think we can afford that kind of growth either. If
some expansion is necessary fine but lets do the minimum necessary to take care of what has already
been approved. Let us not go doubling the size of our treatment capacity because that is only going to
double the size of the town and if you are worried about lawsuits you are going to lose the best reason
you have to fight development that we cannot afford. Because the developers are going to say you've got
an enormous treatment plant lets go hog wild in Leesburg."
Mrs. Umstattd asked the Council to very seriously consider whether it wants to place this kind of burden
on the citizens of this town.
Mrs. Heidi Malacarne, a resident of Leesburg, addressed the Council speaking in opposition to the $27
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Minutes of May 26, 1992
million bond issue. She stated that she understands that there are three alternatives given to the
Council. One is to authorize as proposed, the second is to upgrade without the expansion at $6 million
and possibly face some legal setbacks and three is to do nothing at all. She stated that she is against the
first alternative completely. The second alternative may have to be looked into. The third is one that
we cannot do because these projects take time and should be initiated as soon as possible.
"The assumptions in the sizing of the plant needs to be reevaluated. These are only estimates of
projected growth. The town's economy in the last haft decade has changed. In the staff's slide
presentation, a lot of the numbers for these projects, such as Tavistock, showed the entire project. A lot
of these projects are in the hands of the RTC. We should go back and base these on actual occupancy
instead of projected growth potential because these projects may not be developed for many years."
"The Council should be certain that the costs of the added capacity is born by those for whom the plant
is being expanded for. Such as a substantial hook-up fee for the new residents in those areas. The
Council should investigate the use of a commercial firm that specializes in efficient operations of these
facilities. Without such prudent measures the taxpayers do not need to carry this burden. There are
a lot of alternatives that need to be looked into."
Mr. Dave Gillogly, a resident of 193 Cedarwalk Circle, addressed the Council. He stated that he is a
retired economist with the U.S. Office of Management and Budget. He stated that in a sense the voters
have already had their referendum and the retiring m~ority on the Town Council lost. He stated that
it would be proper to table this issue in its entirety until the new Council has had a chance to look at
it. "We do not need to tolerate the rates of growth that the town has had. We need to slow it down and
if there is a way to slow it down here by slowing our expansion of sewer and water maybe we ought to
look at it. On page 75 of the town's Budget there is a chart that shows the amount of
connection/availability fees collected. From 1984 to 1991 these fees total $12.8 million and at the end
of 1992 they should be $13.8 million - end of 1993 if the town's projections are right they will be $15.2
million. I am appalled that these funds were not sequestered in a reserve account. There was something
the matter with Leesburg's financial management when that was not done. If you had done that you
would not need this bond issue. It is not right to have existing residents pay for this development
through their water bill. There is no reason why the developers and new development shouldn't pay for
itself. This should be tabled for the new Council after July 1."
Mayor Sevila stated that a special meeting of the Council and Council-elect will be held on June 1, 1992,
at 6:30 p.m. The purpose of the meeting is to consider public hearing comments, further review and
analysis of the proposal. The public is invited.
Mayor Sevila asked that staff analyze the comments made by the public tonight in particular the
following:.
The fact that this bond issue does not require a referendum. State code requirements and the
town's Charter requirements relating to referenda on bond issues be they revenue bonds
or general obligation bonds.
2. Revising downward any growth projections based on actual experience during the last two years.
Tabling this item. Staff should analyze the impacts of tabling the item in real dollars and cents
lost or cost to the town if this is tabled and restarted after July 1.
Ms. Bange asked, what is the minimum that the town could increase gallons per day in order to
accommodate what has been approved up to now?
Mr. Lovin stated that he would listen to the argument about tabling this issue. Right now he has mixed
emotions. He stated that he was elected to serve until July 1, 1992.
Mr. Kimball stated that if a delay is in order then it is in order. He is not for or against urgent action.
He is not for or against delay. Staff owes the citizens at large an explanation of some of these things.
MOTION
On motion of Mr. Clem, seconded by Ms. Bange, this matter was referred to the Special Meeting of the
Council on June 1, 1992, at 6:30 p.m.
VOTE
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Minutes of May 26, 1992
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
COUNCILMEMBER COMMENTS
Mr. Webb stated that he attended the Memorial Day Celebration and was very disappointed with the lack
of attendance.
Mr. Lovin congratulated Hano Weber and members of our town staff, present and past,former Town
Manager Jeffrey H. Minor, former Director of Planning, Zoning and Development Martha Semmes,
former Capital Projects Coordinator Thomas J. Rio, that were honored recently by the American Institute
of Architects. The Town of Leesburg was one of seven communities that won a 1992 Urban Design
Award for Excellence. The town's new government center is the winner of the award.
Mr. Clem had no comment.
Mr. Kimball stated that the government center is expensive.
Mrs. Forester stated that the Planning Commission this Thursday is cancelled.
With regard to the Memorial Day celebration, she stated that she did not hear anything about the
celebration. She suggested that there should be more focus placed on being consistent with these annual
events.
Ms. Bange stated that she attended the Listening Session on Saturday. There was no citizen attendance
but encouraged citizen participation.
She thanked WAGE Radio for their efforts in the 4th of July fund raising.
MANAGER'S REPORT
Mr. Brown encouraged everyone to visit the town office and take a look at the beautiful azaleas now in
bloom.
He stated that he attended the Governor's Commission on the Dillon Rule.
MAYOR'S REPORT
Mayor Sevila read a letter from the Leesburg Elementary School with regard to the fire station site issue.
The letter is attached and made a part of the official record.
Mayor Sevila read a letter from Mrs. Judith Pease with regard to the Council waiving the fees at Ida Lee
Park for the all night graduation party. The letter is attached and made a part of the official record.
Mayor Sevila agreed with Mrs. Forester with regard to regularity and predictability of special events in
the Town. He suggested referring this matter to the LRI and EDAC to discuss what role if any the town
should have in assisting in the promotion of these events.
11.
Mr. Brown summarized the proposed legislation in lieu of the reading.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously
adopted.
92-0-15 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE TO AUTHORIZE
CHANGES IN SPEED LIMITS ON NORTH KING STREET AND ELIMINATE
TEMPORARY SPEED LIMITS ON THE BYPASS
WHEREAS, citizens have requested speed limit changes on North King Street; and
WHEREAS, Ordinance No. 91-0-16 authorized a temporary speed limit of 45 miles per hour on
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Minutes of May 26, 1992
the bypass in the vicinity of the Edwards Ferry Road/bypass intersection to accommodate for the bypass
widening construction project; and
WHEREAS, the Phase I widening project is complete; and
WHEREAS, an engineering and traffic investigation was conducted by the Town of Leesburg
which substantiates the need to lower the speed limit on North King Street from Balls Bluff Road to the
1983 corporate limits; and
WHEREAS, Ordinance No. 91-0-30 adopted July 23, 1991 renamed "Long Lane" to "Tolbert
Lane".
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-131 of the Town Code is amended to read as follows:
Sec. 10-131. Speed Limits
The maximum speed limits on streets within the town shall be 25 miles per hour, or as
prescribed in this section, and no person shall drive a motor vehicle in excess of such
maximum limits. Upon the following streets within the town, between the points
hereinafter indicated, the maximum speed limit shall be the speed hereinafter indicated
and no person shall drive a motor vehicle between such points in excess of such
maximum speed limit:
(1)
King Street: 55 45 miles per hour from Balls Bluff
Road to =~ 450 feet north of ~ ~ ~oo ......... ~:__;~
Ida Lee Drive.
(2)
King Street: 35 miles per hour from First Street to 300
feet south of Country Club Drive.
(3)
King Street: 45 miles per hour from 300 feet south of
Country Club Drive to the south corporate limits.
(4)
Edwards Ferry Road: 35 miles per hour from Plaza
Street to the east corporate limits.
(5)
Market Street: 55 miles per hour from the east
corporate limits to 320 feet east of Cardinal Park Drive.
(_6) (74
Market Street: 45 miles per hour from 320 feet east of
Cardinal Park Drive to Route 15 bypass (north
entrance).
(7) (~
Market Street: 35 miles per hour from Route 15 bypass
(north entrance) to 1000 feet east of Fort Evans Road.
(_8) (4~ Evergreen Mill Road: 35 miles per hour.
(9) (1~) Masons Lane: 35 miles per hour from South King
Street to Evergreen Mill Road.
(l_gO)
Lcr. g Tolbert Lane: 35 miles per hour from Evergreen
Mill Road to 1000 feet east of Evergreen Mill Road
intersection.
(11),".~°',
Lcr. g Tolbert Lane: 45 miles per hour from 1000 feet
east of Evergreen Mill Road intersection to Sycolin Road.
(12) (!3) ' Lawson Road: 35 miles per hour from Sycolin Road to
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Minutes of May 26, 1992
1200 feet east of Sycolin Road.
(13) (444 Sycolin Road: 45 miles per hour from the Route 15
bypass to the south corporate limits.
(14) (15) Route 7 bypass: 55 miles per hour exclusive of access
ramps.
(15) (44~ Route 15 and Route 7 bypass: 55 miles per hour
exclusive of access ramps.
(16)Route 15 bypass: 55 miles per hour exclusive of access
ramps.
SECTION II. The manager shall clearly indicate by markers or signs the maximum speed limits
established by this ordinance.
SECTION IlL All prior ordinance and resolutions in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective upon the placement of appropriate signs and
markers indicating the maximum speed limits established herein.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. (d).
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed as consent items
and unanimously adopted.
92-70 - RESOLUTION - REQUESTING AUTHORIZATION FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION FOR CULTURAL INTEKEST IDENTIFICATION SIGNAGE
OUTSIDE OF THE CORPORATE LIMITS
WHEREAS, on May 1, 1992 the Town of Leesburg proposed to install cultural interest area signs
conveying the message "Historic District" under the existing directional signs for Leesburg at Route 7 east
and west of town and at Route 15 north of town immediately preceding the bypass exists; and
WHEREAS, the town is proceeding to order such a sign for the Route 15 south approach to the
Leesburg Bypass, which the town controls; and
WHEREAS, Leesburg's National Register Historic District is a significant community resource
and cultural attraction; and
WHEREAS, additional, tasteful signage is needed along Route 7 and 15, prior to entering the
corporate limits to inform the motoring public of Leesburg's historic nature; and
WI-IE~, the Ad Hoc Committee to promote the Retention and Expansion of Business in
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Minutes of May 26, 1992
"Historic Downtown Leesburg, and the Town Council Administration and Public Works Committee have
recommended that appropriate cultural interest area signage be erected to give advance notice such as:
Historic Leesburg, 5 miles" for example; and
WHEREAS, the town desires to work with VDOT to implement every possible means of
encouraging the public to visit historic Leesburg:.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town of Leesburg hereby requests authorization from the Virginia Department of
Transportation to erect appropriate cultural interest area signs for historic Leesburg outside of the
corporate limits to the east and west on Route 7 and to the north and south on Route 15, in addition to
the cultural interest signage requested by staff to be located at the approaches to the Leesburg Bypass,
inside the corporate limits.
92-71 - RESOLUTION - AMENDING PRO-RATA FEES FOR CONNECTIONS TO THE PUBLIC
WATER SYSTEM FOR THE ROUTE 643 WATERLINE
WHEREAS, Section 19-24 of the Town Code authorizes the town to collect pro-rata fees for public
water facilities for town-constructed facilities necessitated, at least in part~ by future subdivisions or
development of land; and
WHE~, the town has constructed a water booster station and approximately 8,765 feet of
a 16-inch watermain and appurtenances to serve the Route 643 service area; and
WHEREAS, it has been determined that twenty percent of the costs of the installation of these
facilities is for public benefit~ and eighty percent is for the benefit of the land owners adjacent to these
public water facilities; and
WHEREAS, the final established price for all costs associated with the Route 643 waterline
project is $800,000.00 and the cost associated with the design and construction of the booster station is
$1,100,000.00; and
WHEREAS, a pro-rata facilities charge was established by Resolution 88-12 and amended by
Resolution 88-227 for all properties which will connect to the Route 643 waterline:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Resolution 88-227 "Amending Pro-Ram Fees for Connections to the Public Water
System for the Route 643 Waterline" is hereby repealed.
SECTION II. A Route 643 waterline pro-rata facilities charge is hereby established for all
properties shown on the attached Exhibit I as follows:
bo
Residential Uses . . . $537.67 per dwelling unit not to exceed the total cost per acre
assigned to property within the service area as certified by the Director of Engineering
and Public Works.
Office/Commercial Uses... $1,533.35 per gross acre.
Employment Uses... $1,393.96 per gross acre.
Institutional and Government Uses... $995.68 per gross acre.
SECTION III. The fee as specified in Section II shall be paid prior to the issuance of public
facilities permits for new connections to the Route 643 waterline. Said fee shall be in addition to all
availability and connection fees the town is authorized to collect.
SECTION IV. The fees shall be adjusted by the percentage increase of decrease in Engineering
News Record Construction Costs Index value at the time of application. The current construction cost
index value from which the increase or decrease shall be measured is 4567.
SECTION V. Those properties participating in the Route 643 waterline agreement will pay a
reduced pro-rata charge, which will exclude the actual cost of the Route 643 waterline. The percentage
of water use assigned to any property subject to the prior Route 643 waterline agreement will be applied
to only the cost of the booster station as established herein.
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Minutes of May 26, 1992
SECTION VI. The fees established herein shall run with the property and the town manager
shall maintain for public inspection a record of properties subject to these fees.
92-72 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTAI,I,ATION OF PUBLIC
IMPROVEMENTS AND APPROVING A SUBSTITUTE PERFORMANCE
GUARANTEE FOR MANORS OF LEESBURG SECTION 1
WHEREAS, the Poretsky Building Group, the developer of Manors of Leesburg Section 1, has
not completed all the required public improvements in accordance with the approved construction
drawings and town standards within the two year period agreed to in the contract for public
improvements; and
WI-IE~, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a letter of credit in the amount of $1,077,700.00 from Signet Bank/Maryland was
provided by the developer to guarantee the installation of public improvements in Manors of Leesburg
Section I and this letter of credit was reduced to the current amount of $215,540.00 by Resolution No.
91-130. This letter of credit automatically .renews for successive one year periods and is currently in
effect until September 19, 1992; and
WHEREAS, the current rating of Signet Bank/Maryland is below the town's minimum; and
WHEREAS, the developer intends to provide the town with a confirming letter of credit issued
by Signet Bank/Virginia, which has an acceptable rating;, and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Signet Bank/Maryland,
Bank/Virginia in the amount of $215,540.00 is approved to guarantee the
improvements for Manors of Leesburg Section 1.
confirmed by Signet
installation of public
SECTION II. A time extension of one year for installation of public improvements is hereby
approved for Manors of Leesburg Section 1.
92-73 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING A REDUCTION OF THE
PERFORMANCE GUAR3~TEE FOR LEESBURG GATEWAY LOT 9A
WHEREAS, Williamsborough Development Corporation Inc., the developer of Leesburg Gateway
Lot 9A (Fort Knox Self Storage) has not completed all the required public improvements in accordance
with the approved construction drawings and town standards within the two year period agreed to in the
contract for public improvements; and
WHEREAS, the developer has requested both a one (1) year time extension to complete the
public improvements and a reduction of the amount of the performance guarantee; and
WHERFu~, the current performance guarantee is a letter of credit from Mercantile Bank in the
amount of $98,682.00 which guarantees the installation of public improvements for Leesburg Gateway
Lot 9A; and
and
WHEREAS, the letter of credit from Mercantile Bank automatically renews for one year periods;
WHEREAS, the Town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Leesburg Gateway Lot 9A and certified that the value of work
performed is $78,946.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one year for the installation of public improvements is hereby
approved for Leesburg Gateway Lot 9A.
SECTION II. The letter of credit from Mercantile Bank in the amount of $98,682.00 is approved
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Minutes of May 26, 1992
and is reduced to $19,736.00.
SECTION III. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section II of this resolution, and that this reduction does not constitute
acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in
the contract for public improvements for Leesburg Gateway Lot 9A.
92-74 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALI~TION OF PUBLIC
IMPROVEMENTS AND APPROVING A SUBSTITUTE PERFORMANCE
GUARANTEE AND RELEASING A LETTER OF CREDIT FOR EXETER
SECTION 10
WHEREAS, Pulte Home Corporation, the developer of Exeter Section 10, has not completed all
the required public improvements in accordance with the approved construction drawings and town
standards within the two year period agreed to in the contract for public improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, letter of credit number 8120 in the amount of $173,234.24 from 1st American Bank
was provided by the developer to guarantee the installation of public improvements in Exeter Section 10;
and
WHEREAS, Pulte Home Corporation has presented a letter of credit from Nations Bank in the
amount of $173,234.24 to replace the approved letter of credit from 1st American Bank and has requested
approval of the new performance guarantee and release of the letter of credit from 1st American Bank.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one year for the installation of public improvements is hereby
approved for Exeter Section 10.
SECTION II. The letter of credit from Nations Bank in the amount of $173,234.24 is approved
to replace the letter of credit from 1st American Bank to guarantee the installation of public
improvements in Section 10.
SECTION III. Letter of Credit No. 8120 from 1st American Bank in the amount of $173,234.24
is hereby released.
92-75 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND A WATER EXTENSION PERMIT FOR J & H
AITCHESON, INC.
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 J &
H Aitcheson, Inc., Plumbing Supplies Facility.
SECTION II. The extension of municipal water for the J & H Aitcheson, Inc., Plumbing Supplies
Facility is approved in accordance with Section 19-18 of the Town Code.
SECTION III. A cash bond in the amount of $62,900.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for J & H Aitcheson, Inc., Plumbing Supplies Facility.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. (b)
Mayor Sevila stated that this is a permit an irrigation system/well to be dug to furnish water to the
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Minutes of May 26, 1992
median and right-of-way within the Exeter development. He stated that he had no objection to this,
however, he questioned whether or not, in that area of town, this system would have any affect on the
town's existing water supply in particular the Paxton Well.
Mr. Mason stated that this agreement only authorizes Richmond American to put the irrigation piping
in the right-of-way. The wells will be on private property. Staff is not concerned about the well
operation because it will be used only during the summer and the flow rates will be relatively low.
Staff does not anticipate this system causing any adverse affects on the Wwn's water system.
Mayor Sevila asked, should the license agreement provide that it is terminable at will be the town? Mr.
Mason stated that he believed it has that provision in the agreement.
Deputy Town Attorney Deborah Welsh, stated that the agreement states under Section B... the town
may unilaterally terminate this agreement for Exeter's or Richmond American's failure to comply with
the terms hereof provided the town shall give Richmond American/Exeter written notice of the violation
and ten business days to rectify default to the satisfaction of the town.
Mayor Sevila stated that this termination clause is for non-compliance. He questioned what if it is a
matter of policy? Ms. Welsh stated that this is a license agreement for a period of one year and can
thereafter be auWmatically renewed for t~vo additional one year periods as long as Richmond American
and Exeter are not in default.
Mayor Sevila asked that the unilateral termination clause refer to some health, safety issues that might
make it appropriate. The health and safety issues that could come up that might force the town to take
a closer look should give the Council the ability, notwithstanding complete compliance by Richmond
American and Exeter, to terminate it.
Mr. Ken Berg representing Richmond American addressed the Council. He stated that the agreement
is fairly restrictive as to covering the Council's concerns over health, safety and welfare.
Mayor Sevila stated that this agreement does not leave the Council with room to adequately provide for
the safety and welfare for the citizens of our community.
Mr. Berg stated that he would like to discuss this with the town's staff and legal counsel to figure out
language that would be appropriate.
MOTION
On motion of Mr. Clem, seconded by Mrs. Forester, this matter was referred to the June 2, 1992,
Administration and Public Works Committee meeting for further consideration.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. ~c)
MOTION
On motion of Mr. Lovin, seconded by Mrs. Forester, the following resolution was proposed and adopted.
92-76 - RESOLUTION - AUTHORIZING THE CLOSING OF STREETS FOR THE LEESBURG
RENAISSANCE "A TASTE OF LEESBURG" FOOD FESTIVAL ON JUNE 27, 1992,
AND APPROVING A TEMPORARY BANNER
WHEREAS, one of the objectives of Leesburg Renaissance is to sponsor special events to spur
the town's economic development; and
WHEREAS, Leesburg Renaissance has planned the second annual 'A Taste of Leesburg" food
festival on Saturday, June 27, 1992, to promote the restaurant industry in Leesbur~, and
WHEREAS, the festival will feature food vendors on the streets in downtown Leesburg; and
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Minutes of May 26, 1992
WHEREAS, Leesburg Renaissance on May 6, 1992, requested authorization to close Market
Street between Church and Wirt streets and King Street between Cornwall and Loudoun streets; and
WHEREAS, Leesburg Renaissance on May 20, 1992, also requested the installation of a banner
in the median on East Market Street at the east entrance to town.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Market Street between Church and Wirt streets and King Street between Cornwall
and Loudoun streets are hereby authorized to be closed from midnight on Friday, June 26, 1992, to 7:30
p.m. on Saturday, June 27, 1992, for the purpose of the Leesburg Renaissance "A Taste of Leesburg" food
festival.
SECTION II. A banner is hereby authorized for installation in the median on East Market Street
at the east entrance to town.
SECTION III. The sale of alcoholic beverages is permitted under appropriate ABC guidelines on
the town's right-of-way for this event.
DISCUSSION
Ms. Bange stated that she was in favor of this event but asked that LRI discuss this with Mrs. Wall at
the Laurel Brigade to make some kind of provision to make the June wedding parties get in and out of
the Laurel Brigade. June is one of Mrs. Wall's busiest months.
Ms. Patti Snodzras representing LRI addressed Ms. Bange, stating that she has sent information to Mrs.
Wall regarding this event along with a personal note saying that if there are any weddings that LRI could
help with during this event please let LRI know. Ms. Snodgrass stated that she would follow this up
with a visit.
Mr. Kimball suggested isolating an area in the parking garage for Mrs. Wall's guests on that day.
Mr. Webb asked that the fourth whereas be removed from the proposed legislation stating that this is
an improper place for alcoholic beverages to be served.
Mr. Brown stated that this sentence was placed in the resolution to inform the Council that LRI was
planning to sell beer and wine at this event.
Mr. Kimball stated that he opposed this last year and will oppose it this year. This is an improper thing
to do on the streets of Leesburg. Groups such as MADD should become involved in this activity.
Mr. Lovin stated that he will support the resolution for a few reasons. He attended last year's food
festival. He does not think that the selling of beer and wine has any affect on a family gathering/setting.
Last year the beer was sold in a restricted area.
Mayor Sevila asked if there were any incidents reported by the police department arising from last year's
event? Mr. Brown stated that no reports were received from the police department except that Chief
Kidwell indicated that all of the requirements as set forth under the ABC license were met.
Mayor Sevila suggested an amendment to the resolution that should say that alcoholic beverages will be
permitted under appropriate guidelines and ABC regulations.
AMENDED MOTION
On motion of Mr. Lovin, seconded by Mrs. Forester, the fourth Whereas is deleted and a Section III is
added to permit the sale of beer and wine as part of the LRI Taste of Leesburg Festival.
VOTE
Aye: Councilmembers Clem, Forester, Lovin, Sevila
Nay: Councilmembers Bange, Kimball, Webb
DISCUSSION
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Minutes of May 26, 1992
Mr. Clem stated that the ABC Board's regulations are very strict. The bartenders are professionals.
Mayor Sevila agreed with Mr. Clem stating that this event was carefully scrutinized by the Council last
year. He recalled seeing patrolmen, on foot. in the area during the event. He does not necessarily
believe that the presence of alcohol at an event such as this in any way detracts from its appeal as a
family oriented event.
Ms. Bange stated that she will not vote against the total resolution just because this did not pass. She
would prefer that alcohol not be sold.
Mr. Kimball stated that he is not opposed to the consumption of alcoholic beverages. He is opposed to
it under the circumstances. The issue goes beyond whether you have all your permits. It approaches
the standard of a roll model to our community, visitors and our youth.
VOTE on 11. (c) as amended
Councilmembers Bange, Clem, Forester, Lovin, Mayor Sevila
Councilmembers Kimball, Webb
11.
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and unanimously
adopted.
92-77 - RESOLUTION - MAINTAINING PARKING FACILITY FEES, INITIATING AN ADVERTISING
PROGRAM AND AMENDING THE FISCAL YEAR 1992-1993 BUDGET
WHEREAS, the Ad Hoc Committee to Promote the Retention and Expansion of Business in
Historic Downtown Leesburg has recommended that the town continue to charge for parking in the
town's new parking facility, establish a broader Park & Shop/parking validation program, and use the
fees generated from the parking facility for tourism and economic development programs to benefit
downtown Leesburg;, and
WHEREAS, the Town Council Administration and Public Works Committee has recommended
that an advertising program be adopted by Council prior to expending parking revenues for promotions;
and
WHEREAS, it is also desired to retain parking meters along Market, King and Loudoun Streets;
and
WHEREAS, such actions are deemed necessary to stimulate tourist activity and business in
historic downtown Leesbur~, and
WHEREAS, historic downtown Leesburg is a key cultural resource and economic "engine" of the
town of Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Effective July 1, 1992, the town will hereby continue to charge fees for parking in
the downtown parking garage. The existing Park & Shop program will be maintained and broadened,
as appropriate, to enhance parking participation and public convenience.
SECTION II. The fiscal year 1992-1993 budget shall be amended to reinstate parking attendant
positions and funding.
SECTION III. An advertising/marketing program shall be reviewed and approved by the Town
Council prior to its implementation.
SECTION IV. An additional appropriation in the approximate amount of $60,000 from the
anticipated parking garage fees is hereby authorized for General Fund Account Number 200-8105-300-
010, EDAC Contractual Services, for the purpose of funding a promotional program.
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Minutes of May 26, 1992
DISCUSSION
Mr. Webb referred to the second whereas and stated that he did not recall making any recommendations
in the A&PW committee meeting.
Mr. Brown stated that what staff intends to do is bring the promotional program back to committee for
consideration and then forwarded to the full Council. The proposed legislation only funds the program.
Mr. Kimball asked that Section IV be amended to read . . . amount of $60,000 from the anticipated
parking garage fees...
M~ Ban~e asked that the word "approximate" be inserted in front of "amount" in Section IV.
Mr. Kimball noted all of the various committees and organizations that are involved with this matter and
asked can't the town, within that body of people, get some advertising and marketing program generated
without cost?
Mayor Sevila stated that municipal financing requires the Council to make an appropriation to a given
fund from which these funds will be expended. The ad hoc committee is not a standing committee but
will go out of existence as its charter indicates after its mission is completed. EDAC is a standing
committee appointed by this Council and will continue to function and is an appropriate body to generate
some guidelines with this advertising program. The important thing is that the actual advertising
program is yet to be developed. We are calling upon all interested groups including town staff to present
an advertisement promotion program. We are not authorizing the expenditure of any of these monies.
We are only creating a fund from which those services will be paid for in the event this Town Council
approves such an advertising program.
Mr. Stephenson addressed the Council stating that a meeting has been scheduled for tomorrow morning
with representatives of Muncey Ferguson, town staff, Williams & Company, Stilson Greene, and the CVB
to begin talking about the program.
Ms. Bange asked if the Chamber of Commerce and the building owners were invited to participate. Mr.
Stephenson stated yes. He has received some ideas from the DBA who will be represented through
Williams & Co.
Mr. Webb stated that the town should be including all businesses inside of the bypass. The whole Town
of Leesburg. Not jt~st King and Market Streets. Mr. Stephenson stated that is a valid concern that has
been expressed. Staff is immediately searching for relief for the downtown business district. The
program will be promoting Leesburg as a whole. Mr. Brown pointed out that LRI represents all of the
businesses in the town.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11. (0
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously
adopted.
92-78 RESOLUTION AUTHORIZING THE INSTALLATION OF TRAFFIC SIGNAL
IMPROVEMENTS AT KING STREET/MARKET STREET AND KING
STREET/LOUDOUN STREET INTERSECTIONS
WHEREAS, the need was recognized to improve traffic control equipment at the intersections
of King and Market Street and King and Loudoun Street to better control the increased traffic flow at
variable times throughout the day and night; and
WHEREAS, the Department of Engineering and Public Works recommends that a new protected
southbound left turn movement at King and Market Street along with new vehicle detection equipment
would improve traffic flow in the downtown historic district and reduce stacking on southbound King
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Minutes of May 26, 1992
Street; and
WHEREAS, funds to in,all this equipment must be appropriated from the fund balance.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I..The Town Manager is authorized to direct the installation of a signalized protected
southbound left turn movement and vehicle detection equipment at King and Market Streets.
SECTION II. An appropriation is authorized from the General Fund Unappropriated fund
balance in the amount of $8,000.00 to general fund number 4102-300-010-200 for fiscal year ending June
30, 1992.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
11.
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
92-79 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE
SECTION 3H-4(2) AND 3H-5 OF THE R-16 DISTRICT TO REINSTATE YARD
SETBACK REQUIREMENTS FOR SINGLE-FAMILY ATTACHED DWELLING UNITS.
WHEREAS, during the revision of the residential sections of the zoning ordinance, early drafts
provided setback requirements for single-family attached dwelling units in the R-16 zoning district
consistent with the methodology used in other residential districts; and
WHEREAS, the final version of the zoning ordinance adopted on April 24, 1990 omitted the
setback requirements; and
WHEREAS, the record does not indicate a specific reason why the setbacks were omitted, but
the omission is the result of typographic errors; and
WHEREAS, the physical application of the existing multi-family yard requirements to a single-
family attached development would not be supportive of a well planned townhome development;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. An amendment to Section 3H-4(2) and 3H-5 of the Leesburg Zoning Ordinance is
hereby initiated to amend the lot width requirements and reinstate yard setback requirements for single-
family attached dwellings as indicated below:
Section 3H-4. LOT SIZE
(1) Minimum Lot Size
a. Single-family attached (townhouse): 1,400 sq.ft. (per unit)
b. Multi-family: 10,000 sq.ft.
(2) Minimum Lot Width
a. Single-family attached (townhouse)
1. Interior Lot 18 feet (per unit)
2. Corner Lot and End Lots 00 28 feet (per unit)
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Minutes of May 26, 1992
Section 3H-5. YARD REQUIREMENTS
(1) Single-family attached
Front
Side
Rear
10 feet
10 feet (for end units)
20 feet
(2) Multi-family
~) Front 30 feet
~ Side 30 feet
(q~) Rear 30 feet
SECTION II. The Planning Commission shall conduct a public hearing and report its
recommendations on the proposed amendment to the Council within 60 days of the adoption of this
resolution.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
ADJOURNMENT
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the meeting was adjourned at 10:20 p.m.
VOTE
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
Clerk of Council
Robert E. Sevila, Mayor
Town of Leesburg