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HomeMy Public PortalAbout1992_10_13309 Od 0 Z TOWN COUNCIL MEETING MINUTES OF OCTOBER 13, 1992 A regular meeting of the Leesburg Town Council was held on October 13, 1992, ~t ?:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virgini~ The meeting was ~it~i to order by the Mayor. INVOCATION was given by Councilmember Georgia W. Bange. SALUTE TO THE FLAG was led by Stewart Lewis of EIR News. ROLL CALL Councilmember~ uresent George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Ms. Bange, seconded by Mr. Webb, the minutes of the regular Council meeting of September 22, 1992, were approved as submitted. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None PROCLAMATIONS On motion of, and duly seconded, the following proclamations were proposed and unanimously adopted. PROCLAMATION LEESBURG MENTAL n',LN-ES8 AWARENESS MONTH WHEREAS, mental illnesses constitute one of America's most serious, unrecognized public health problems to day; and WHEREAS, as a group, mental illnesses _afflict one in three people in their lifetimes; and WHEREAS, in any given six-month period, 36 million men and women over the age of 18 and 12 million children suffer from a mental illness; and WHEREAS, serious depression affects one in 50 children; and WHEREAS, more than 11 million Americans suffer from depression each yea~; and WHEREAS, one in four women and one in ten men will develop depressi~u at ~ ~ ~, their lives; and 310 Minutes of October 13, 1992 WHEREAS, up to 25 percent of all elderly people suffer from some form of mental illness; and WHEREAS, suicide is the second leading cause of death among youngsters between the ages of 15 and 19, which tre_ nslates into more than 18 children t~king their own lives every day; and WHEREAS, the direct costs of mental illnesses are more than $55.3 billion a year, and WHEREAS, substance abuse disorders drain nearly $11.4 billion annually from national revenues; and WHE~, many are not aware that mental illness is treatable, and in some cases has biological causes; and WHE~, many are not f~miliar with the symptoms of ment~d illness; and WHE~, the first fun week of October has been recognized as Mental mn~ Awareness Week by the Congress of the United States in order to increase awareness and understanding of mental illness and its impact: THEREFORE, BE IT RESOLVED, that the Mayor and Town Council of the Town of Leesburg designate October to be Mental mness Awareness Month, and that the dtizens of Leesburg, Virginia be encouraged to learn as much about mental illness and its impact on Leesburg as possible, in order to develop a broader and deeper understanding of mental illness; and of its bearing upon individuals, families, and the community as a whole, so that those who need help can get it professionally and with empathy understanding. PROCLAMATION UNITED WAY MONTH OCTOBER 1992 WHEREAS, the United Way Campaign is made up of 70,000 volunteers making the campaign the community's number one voluntary effort; and WHEREAS, over 90 cents of every dollar collected is distributed to agencies for services throughout the community; and WHEREAS, Loudoun County agencies such as The Americ_~n Red Cross - Loudoun Chapter, Blue Ridge Speech & Hearing, ECHO, 4-H Riding for the Handicapped Foundation, Legal Services of Northern Virginia - Loudoun Chapter, Loudoun Abused Women's Shelter, Loudoun Association for Retarded Citizens, Northern Virginia Family Services and the YMCA of Loudoun County received over $476,000.00 in 1991; and WHEREAS, forty-three percent of the citizens of Loudoun County were served by a United Way agency in 1991; and WHEREAS, during the month of October the Loudoun United Way through volunteers will carry on its twelfth annual fund-raising campaign: THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of Leesburg hereby proclaim the month of October 1992 as Loudoun United Way Month and urge all citizens of Leesburg and Loudoun County to give their full support to this effort. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None PETITIONERS Mrs. Har~ a local publisher of an antique brochure/flyer, addressed the Council expressing her thanks for the Council's support of the Historic District publication. Mrs. Hart requested the Council's continued support. -2- 311 0,1 Minutes of October 13, 1992 Mr. Richard Calderom Senior Planner for the County of Loudoun, addressed the Co~m~l presenting an update of the Shenstone project~ Mr. Clem stated that this is a courtesy of Loudoun County to let the town look at plato that faU within the town's planning district - Shenstone being one of them. "The Council h~ no ~ what is going to happen." "There is a resolution on the agenda this evening that would send bask to the county favorable comments saying going ahead and look at it." "At the end of the resolution it dom say that after town staff has reviewed the plAn~ comments win be forth coming to the county, hopefully prior to the county's planning commission public hearing, that would be pro and con as to how the town felt about it and recommendations that the town would have." These are standard proceduma W¢-hether or not the town supports water and sewer going out to this direction - time will telL' Mr. Trocino seconded Mr. Clem's comments. He further stated that there has been strong liaison between the town and county. He would like to see the town continue this type of activity with the county. Mr. B. Powell Harrison, addressed the Council reading a prepared statement. Mr. Harrison's statement is attached and made a part of the official record. Mr. Clem stated that he and Mr. Brown have met with and been in contact with representatives of the hospital. This dialogue will continue. With regard to city status, Mr. Clem stated that no member of the Council or the town manager has or would propose the town going to city status. "The town is in no position to become a city. We have to learn how to run our town properly first." Mr. Paul Jordan, a resident of Sterling, Virginia and representing CELF (Citizens for Eastern Loudoun's Future), addressed the Council reading a prepared statement. Mr. Jordan's statement is attached and made a part of the official record. Ms. Umstattd asked Mr. Jordan if the proposed project is going to have three smoke stacks and how high they will be? Mr. Jordan stated the project is proposing three stacks each 100 feet tall. Ms. Umstattd asked Mr. Jordan what kind of power production is being proposed and compare it to other plants? Mr. Jordan stated that when this project first came before the county is was proposed as a peak load plant. "Meaning that the plant would kick in when Virginia Power had a demand for more electricity. The opinion of a former PEPCO employee who is an electrical engineer is that this plant is not a peak load plant. This plant will be composed of three turbines each capable of putting out 105 mega watts. This is a m~jor power generating facility." Mr. Terry Jones a resident of 805 Anne Street. addressed the Council representing his neighborhood with regard to the Shenstone development. He stated that he and his neighbors are against supplying this development with town water and sewer. Mr. Bill Fissell, representing the NVBIA, addressed the Council with regard to the East Leesburg Sewer pro-rata. Mr. Fissell raised the following concerns: Section 5 of the proposed resolution calls for the town to negotiate a supplemental agreement releasing the town from any and all obligations under the previous sewer agreement. The property owners also have to be released of this agreement. We don't want to run the risk of having a pro-rata established in the town and paying pr~rata fees and still have the sewer agreement in effect having to pay into the sewer agreement. Previously, it was pointed out that Battlefield Shopping Center has an agreement with the town to increase the capacity of the existing pump station by 100,000 gpd when that pump station reaches 90 percent of the capacity. Staff has said that the 100,000 gallons of capacity is available to anyone on a first-come-first-serve basis. Mr. Fissell asked that this be confirmed by the Town Council. · The Battlefield Shopping Center has an obligation to bond the iml~vovemea~ t~ the pump station, -3- 312 Minutes of October 13, 1992 Mr. Fissell asked that this also be confirmed by the Town Council. Because of the construction schedule outlined in the resolution, finandng must be resolved now along with the issues regarding the sewer club. Ms. Nancy Wilkins, with Mount Vernon Realty, addressed the Council. She stated that she has the listing on Potomac Crossing Sections 2 and 3 which is currently owned by the FDIC. She stated that this is being offered in a sealed bid auction which doses out this Thursday at 5:00 p.m. Each of the individuals that are intending to bid on PoWmac Crossing are regarding the extension line to the sewer as an expense that they will have to bare. She encouraged the Town Council to resolve this issue as soon as possible. She stated that consideration should also be given to the fact that the lack of sewer capaelty played a part in the fate of Potomac.Crossing. Ms. Patricia Friedman, a Leesburg resident, addressed the Council with regard to the impact on the public of the increase in the town's water and sewer rates. Ms. Friedman reviewed a handout which is attached and made a part of the official record. Ms. Friedman asked the following questions: Of the 4.85 mgd increase to the town's wastewater treatment plant who will be allocated the increased useage. The citizens need an accurate account of the capacity and it's allocation. User fees do not cover operating costs. This has been established by many studies. "The possibility is that the town is not heading into revenue - all of the users coming online won't produce revenue but instead will put us into debt." Mr. William Wolf, a resident of 1004 Orr Circle, addressed the Council expressing his concern about the possibility of furnishing water and sewer to the Shenstone development. He stated that it would be good if the town could set a long range policy - if the town will or will not furnish water/sewer outside of the Wwn limits. He expressed a concern that there is a tremendous pressure to down zone in Northern Virginia - petitions to change from business to high density residential. We have seen this in Leesburg with Harper Park. There is a good possibility of having far more housing then expected a few years ago which means we will be using up water much faster then anticipated. This should be kept in mind - our water needs are going to be much more signit~nt. We need to look at what is the highest possible demand of water that we 'could have within the town limits if we had this zoning change to residential areas - then the impact on that if we have already made agreements to ship water outside the town Mr. Paul Bena~son, a resident of 109 Loudoun Street, addressed the Council. He asked that the Council look out for the town first with regard to the water and sewer issue. He also urged the Council to look at the water and sewer issues in the Potomac Crossing are~ Mr. Bill Hunt, representing the Kiwanis Club, addressed the Council asking for a waiver of the special events fee for the Halloween Parade. Mr. George Krimsky, a resident of Dry Mill Road outside of the town's limits, addressed the Council asking who would benefit from the Shenstone Development. He stated that he would not. He is in favor of the Shenstone proposal not getting passed the conceptual stage. COUNCILMEMBER COMMENTS Mr. Webb had no comment. Mr. Blake had no comment. Ms. Umstatht asked the following questions: · How much water and sewer will the PaWwmack Power Plant consume? The Shenstone and River Creek projects threaten te consume between 38 and 48 percent of the Wwn's new increased capacity in the wastewater treatment plant. The town does not have currently have enough capacity to service all of the proposed and approved -4- 313 Minutes of October 13, 1992 development within the town limits. "To sq~_mnder the town's resources on out-of-town development is unconscionable and irresponsible." Ms. Umstattd stated that she is glad the county has asked for the town's input on these projects. "The problem is that the River Creek resolution appears to be a full endorsement o~ tlmt ~ievelopment," There is going to be a power plant with 3-100 foot stacks going right across Route ? from the proposed River Creek development. %Vho is going to pay for one of those million don{ll- ho_,-~__ when they can see those stacks belching fumes into the air?" We have not looked at the area in a regiomd manner to look at what kind of development we want and where and what we can afford to pay f~r. We should not overburden our taxpayers in the Town of Leesburg with the cost of development outside of the town. "I am strongly opposed to sending any town water and sewer outside the town limits." Mr. Trocino stated that he believes that this is a regional problem requiring regional resources and solutions. Regional meaning town and county governments. He stated that he does not share many of the views that Ms. Umstattd just expressed. He would like to hear a full siring of these issues with the town and county staff. He would like to continue in the planning efforts with the county. A meeting of the World War II Commemorative Community Committee will soon be scheduled. Mr. Atwell expressed his th,~nks for the downtown businesses and shops that have filled the empty windows. He also thanked Mrs. Hart for participating in the historic district brochure which has sti_'mulated activity in the Town of Leesburg. With regard to utilities being extended outside the town's limits, he stated the town is merely in the t~lking and thinking/asking stage to cover the town's basis for the future. We don't want to get caught up with anything in the future that we have not given serious consideration to. It is important to see that there is minimal cost to no cost to the Town of Leesburg for providing utilities outside the Wwn's limits. When we start looking at the anno.~tion agreement when it expires in 1994, if we are thoroughly fsmiliar with what is out there immediately adjacent to the town we will be in a much better position to make some intelligent decisions. Ms. Ban~e stated 'we are citizen legislators. I was a citizen of the Town of Leesburg long before I became a councilmember. My water bin, this last time, was more than double so I know what everyone is dealing with. When you look at the welfare of a total town you look at many things and I appreciate everything that each of you has said tonight. We have to look at the actions of the past. It has been said that those who forget the past are condemned to repeat it. We want to look very carefully at what has happened in the past. We need to look at the needs of today and then we have to have vision for the future. We are responsible to every citizen of the Town of Leesburg and we hope to prudently make decisions that will not impact in a negative way any of us. I believe that everything we do has to give something to the people of the town first and we have to work cooperatively with the people of the county. When we were elected we promised you that we would represent the people of Leesburg." MAYOR'S REPORT Mr. Clem stated that he has had the opportunity to work with a couple of potential downtown businesses. He has met with some neighborhood watch groups. He had the pleasure of driving a candidate for Homecoming Queen in Saturday's Homecoming Parade. Ms. MikAla Fux was crowned Homecoming Queen. MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written activiB, report highlighting several items in the report. Mr. Webb stated that there is no question that the recent increases in the town's water and sewer rates have been totally out of realm. "I did not vote for it and I still don't support some of the proposed rates. However, the issue of River Creek and Shenstone, we as a Council decided to ~ these thing ~ ~o talk about them now before we get into the same bind that we were in when w~ ~ ~o im~c~e ~ -5- 314 Minutes of October 18, 1992 increases. That does not say that we are going to support any of it. It only says that we want to bring these issues out now and talk about them.' LEGISLATION 9. (a). (b). (i). ii). (k). (m). (n). MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following items were proposed as ~onsent and unanimously adopted. 92-184 - RESOLUTION - RECEDING AND R~FERRING AN APPLICATION BY PULTE HOME CORPORATION FOR A PROFFER AMENDMENT AND CONCEPT PLAN AMENDMENT TO #ZM-87 TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An application by Pulte Home Corporation for a proffer amendment and concept plan amendment to #ZM-87 Exeter PRN, to permit the construction of townhouses with a minimum width of 18 feet in Exeter, Sections 4 and 6, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.12 of the 1950 Code of Virginia, as amended. 92-185 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM- 135 LEESBURG GATEWAY, LOT 9C-2 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider rezoning application #ZM-135 by Double T Corporation to rezone approximately 10.767 acres of land from B-2 (established corridor commercial) to R-16 (planned development residential) to permit up to 108 single family attached (Wwnhouse) lots. Notification shall be published in the Loudoun Times Mirror on October 28, 1992 and November 4, 1992 for public hearing November 10, 1992, at 7i30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 92-186 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND 'WATER AND SEWER EXTENSION PERMITS FOR THE AIRPORT COMMERCE PARK 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 the Airport Commerce Park. SECTION II. The extension of municipal water and sewer for the Airport Commerce Park is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION IlL The corporate surety bond in a form approved by the town atWruey from the Insurance Company of North America in the amount of $1,464,652.20 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for the Airport Commerce Park. 92-187 RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, REI.EASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE CATTAIL BRANCH STORMWATER MANAGEMENT POND WHEREAS, Pulte Home Corporation, the developer of the Cattail Branch Stormwater Management Pond, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. -6- 315 Minutes of October 13, 1992 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia ss follows: SECTION I. The letter of credit from Nations Bank of Georgia in the amolmt oi' $234,695.00 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $56,303.25 is approved, and shall be in effect for a period of one year from this date. SECTION H. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 92-188 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INST,~IJ.ATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTER FOR TAVISTOCK FARMS SECTION 2 WHEREAS, Trafalgar House, the developer of Tavistock Farms Section 2, 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 WlqE~, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a corporate surety bond from American Home Assurance Company was provided by the developer to guarantee the installation of public improvements in Tavistock Farms Section 2; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $35,319.00 to guarantee installation of the remaining public improvements in Tavistock Farms Section 2. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one year for the in~llstion of public improvements is hereby approved for Tavistock Farms Section 2. SECTION II. The corporate surety bond from American Home Assurance Company in the amount of $35,319.00 is approved to guarantee the installation of public improvements in Tavistock Farms Section 2. 92-189 - RESOLUTION - AUTHORIZING THE TEMPORARY DISPLAY OF A BANNER FOR LEESBURG HAUNTINGS AND HAUNTED HOUSE WHEREAS, Leesburg Renaissance Inc., along with the Junior Women's Club, is planning the second annual Leesburg Hauntings walking tour of haunted and historic places October 24-25 and October 29-30 in downtown Leesburg; and WHE~, the YMCA of Loudoun County and Leesburg Renaissance are hosting a Haunted House October 24-30 at Battlefield Shopping Center; and WHEREAS, Leesburg Renaissance has requested Town Council permission to temporarily display a 5-feot by 15-feot banner above the road at the intersection of East Market Street and Church Street to promote the two events. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Authorization is hereby granted for the temporary display of a banner above the road at the intersection of East Market Street and Church Street to promote Leesburg Hauntings and Haunted House. Furthermore, appropriate town forces are authorized to assist with the installation of the banner. 92-190 - RESOLUTION - APPROVING A VIRGINIA POWER COMPANY LICENSE AGREEMENT FOR AN EFFLUENT FORCEMAIN EASEMENT WHEREAS, Resolution No. 91-169 authorized the Town Manager to take specific administrative actions in relation to relocation of the town's wastewater discharge to the Potomsc River; and -7- 316 Minutes of October 13, 1992 WHE~, the State of Maryland recently published a "Notice of Final Determination" regarding Leesburg's Potomac River Discharge Permit Application; and WHE~, a final effluent forcemain alignment has been negotiated with various property owners for conveyance of the effluent to the Potomsc River, and WHEREAS, the Virginia Power Company Pleasant View-Dickerson transmission line easement is the most feasible alignment alternative; and WHEREAS, Virginia Power Company has proposed a licensed agreement in consideration of the sum of $15,900.00 to occupy their easement with two underground pipelines: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: The Town Manager is hereby authorized and directed to execute a license agreement, in a form approved by the Town Attorney, with Virginia Power Company for use of their easement. 92-191 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO NEGOTIATE A LEASE WITH LOUDOUN COUNTY FOR OFFICE SPACE FOR THE COUNTY REGISTRAR'S OFFICE WI-IE~, the Electoral Board and General Registrar's Office of Loudoun County, currently located at 109 Harrison St., N.E., is attempting to relocate; and WHEREAS, the town office has sufficient vacant space to accommodate the offices; and WHEREAS, the Electoral Board and General Registrar's Office provide essential public service for town and county citizens; and WHEREAS, the location of the county offices in the town office would encourage additional activity in downtown Leesburg and contribute to the Town Council's goal of promoting economic development in downtown Leesbur~. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized to negotiate a lease of town office space with representatives of the Loudoun County Electoral Board and General Registrar's Office. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay.'- None 9. (d), (e), (f), (~), ih) MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following items were proposed and adopted. 92-192 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GREEN-WAY FARM SECTION 1 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 Greenway Farm Section 1. SECTION H. The extension of municipal water and sewer for Greenway Farm Section 1 is approved in accordance with Section 15-9 and 19-18 of the Town Code. -8- Minutes of October 13, 1992 SECTION Ill. The corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $1,315,500.00 is approved as security to guarantee installation of the public improvements shown on plAnn approved by the Director of Engineering and Public Works for Greenway Farm Section 1. 92-193 - RF_~OLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM SECTION 2 RESOLVED by the Council of the Town of Leesburg in Vk21o'-iA 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 Greenway Farm Sect/on 2. SECTION Il. The extension of municipal water and sewer for Greenway Farm Section 2 is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $420,600.00 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm Section 2. 92-194 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM SECTION 3 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 Greenway Farm Section 3. SECTION II. The extension of municipal water and sewer for Oreenway Farm Section 3 is approved in accordance w~'th Section 15-9 and 19-18 of the Town Code. voted down. SECTION Ill. The corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $928,000.00 is approved as security to guarahtee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for Greenway Farm Section 3. 92-195 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE GREENWAY FARM ROUTE 15 ROAD 317 IIVIPROVEMENTS 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 the Greenwa¥ Farm, Rt. 15 Road Improvements. SECTION II. The corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $213,500.00 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for the Greenway Farm, Rt. 15 Road Improvements. 92-196 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE GREENWAY FARM REGIONAL STORMWATER MANAGEMENT POND RESOLVED by the Council of the Town of Leesburg in Virginia as follows: -9- 318 Minutes of October 13, 1992 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 the Greenway Farm Regional Stormwater Management Pond. SECTION II. The corporate surety bond in a form approved by the town attorney from the Americ_~n Home Assurance Company in the amount of $1,454,500.00 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for the Greenway Farm Regional Stormwater Management Pond. VOTE Aye: Coun¢i!members Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino 9. Mr. Gene Arner addressed the Council presenting a staff report~ MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 92-197 - RESOLUTION - INITIATING AN AMENDMENT TO SECTION 13-76(a) OF THE SUBDMSION AND LAND DEVELOPMENT REGULATIONS AND AN AMENDMENT TO SECTION 7A-5(3)j OF THE ZONING ORDINANCE ~~, Section 13-76(a) of the Subdivision and Land Development Regulations requires telephone, electric and cable television easements to be located along rear property lines; and WHEREAS, Section 7A-5(3)j of the Zoning Ordinance precludes location of transformers in front yards in single-fAmily residential districts; and WHEREAS, the Planning Commission has received and granted numerous requests for variation from the cited provision of the Subdivision and Land Development Regulations; and WHEREAS, the Council has been petitioned to consider rescission of these provisions of the Zoning Ordinance and the Subdivision and Land Development Regulations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 13-76(a) of the Subdivision and Land Development Regulations as shown below is hereby initiated and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of Virginia as amended: (a) Easements shall be provided where necessary for sanitary sewer, water mains, gas mains, electric lines, cable television lines and other necessary services. Water, sanitary sewer and gas lines may be located within the public right-of-way. ~., ..~a ....~..-~ 3^, ~: .... .u^:- The location of all such essements shall be indicat~-~l on final subdivision plsts, as provided in Section 11t-02. SECTION lq. An amendment to Section 7A-5(3)i of the Zoning Ordinance as shown below is hereby initiated and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of Virginia as amended: -10- 319 0 Z Minutes of October 13, 1992 Utility Eaui~men~ and Public Safety. Fire hydrants, transformers and related utiliU and public safety equipment may be located within any required yard, as authorized by fbi, Ordinance and the Subdivision and Land Development SECTION III. The Planning Commi~ion shall report its recommendation to the Town Council on the propo~d amendments pur~m~t to Chapter 11, Title 15.1-431 of the 1960 Code of Virginia as amended. 9. (]) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted. 92-198 - RESOLUTION - PROVIDING GENERAL COMMENT ON LOUDOUN COUNTY REZONING APPLICATION #ZMAP 89-15 - RIVER CREEK WHE~, the River Creek Limited Partnership of Silver Spring, Maryland, has submitted rezoning application #ZMAP 89-15 to the Loudoun County Planning Commission to rezone approximately 612.68 acres from County A-3 to PDH-24 at a net density of approximately 2.8 dwelling units per acre; and WHEREAS, this property is located within the Leesburg Area Management Plan (LAIV[P) area and is accordingly governed by the Annexation Area Development Policies (AADPs); and WHEREAS, the AADP's provide for town review and comment of applications within the LAMP area; and WHEREAS, this application is currently under review by town and county planning staffs; and WHEREAS, town staff has yet to present the results of its review to Council in order to solicit Council's recommendation which will be forwarded to Loudoun County prior to the County Planning Commi~ion's public hearing; and WHERF_J~ the applicant petitioned the Town Council to subjectively render a favorable opinion of the proposed development separate from the rezoning review process and acknowledging that Council has yet to review staff's technical review comments: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as fonows: SECTION I. The Proposed "River Creek" rezoning as presented to the Planning and Zoning Committee on September 15, 1992, represents the type of qu,llty development that can be an important community asset The quality of the proposed "River Creek" development is chsracterized by the proposed up-scale single family and townhouse dwelling units and the provision of diverse amenities consisting of a golf course, tennis courts, swimming pool, marina, and passive recreation areas and open space. SECTION H. The general opinion of this proposal as rendered by Council in Section I above, does not prevent Council from issuing a subsequent recommendation and/or policy statement to be forwarded to Loudoun County upon receipt and consideration of the results of staff's review of this rezoning application. DISCUSSION Mr. Webb asked that the staff provide the Council with a review of the AADP's. Mr. Brown stated that he would like to go over all of the annexation responsibilities in detail. Ms. Umstattd stated, in her opinion, that this resolution is improperly before the Council at this time. -11- 320 Minutes of October 13, 1992 She referenced Section 2-26 of the Town Code, Conduct of Committees, and stated that she did not believe that the Council could address either the River Creek or Shenstone resolutions tenight~ Ms. Umstattd stated that this matter was heard before the Planning and Zoning Committee, however, the main issue affecting the town is the provision of water and sewer service which would logically place this resolution before the town's Administration and Public Works Committee for consideration. Ms. Umstattd requested that t_.his resolution be referred to the Administration and Public Works Committee. Mr. Brown stated that the town is obliged under the Annexation Agreement/AADP to provide comment as requested by the county for any development outside town limits but within the urban growth area. This has traditionally been placed on the Planning and Zoning Committee. This matter was placed on the appropriate committee because of the large number of development impact issues. Mr. Trocino echoed Mr. Brown's.. comments in terms of the Planning and Zoning Committee. The proposed legislation deals largely with issues of planning and its quality in terms of the review. Issues that traditionally associate with the rezoning process. Mr. Atwell stated that he opposed the resolution that was previously presented to the Council because he was not sure what he was voting on at that point. He has taken a look at what River Creek is proposing and it does appear to represent a quality development that would be nice to have next to Leesburg. We do not want to see the town be in the position of having the county arbitrarily and unilaterally develop fight up to the corporate limits with out the town having any input. Mr. Blake stated that the proposed legislation is not a commitment of the town to provide anything to this project at this time. The legislation only shows a cooperation between the county and the town. Mrs. Welsh addressed the Council stating that this is a rezoning issue although it is before Loudoun County and although the Wwn's water and sewer system could be impacted. All rezonings impact the town's water and sewer system but do not go through the Administration and Public Works Committee. Ms. Umstattd stated that if the general consensus is that the Council is not legally committing itself to anything, then she suggested amending section 2 by adopting the language of section 1 in the Shenstone resolution. Mr. Brown stated that there are provisions in the annexation agreement that say that if there is any water and sewer to be 'provided within this area it is to be provided by the town. Ms. Umstattd read excerpts on pages 21 and 16 of the annexation agreement stating that the Council has been given some direction by the annexation agreement and she does not want this Council tO be in violation of it. Mr. Brown stated that it is important for the Council to discuss the entire annexation agreement and subsequent AADP's which outline the responsibilities of the town. Mr. Tompkins stated that in November 1991, there was an amendment to the AADPs that speak specifically to the River Creek area. It is very clear in that document that Leesburg indeed is thought to be the sole provider of water and sewer. As a point of clarification this does not absolutely obligate the town. Ms. Welsh stated that when Xerox came in with their rezoning the town initiated an amendment to the annexation agreement which provides that Leesburg will be the purveyor of water and sewer to areas west of Goose Creek and north of Route 7. The Council may want to consider adding an acknowledgement in the resolution that the Council acknowledges that the town is the purveyor of water and sewer within this area but reserves the right to determine when that will occur. Mr. Trocino stated that the genesis of the annexation agreement came when the Loudoun County Sanitation Authority (LCSA) sought to provide service in that area and the Council, at that time, negotiated that amendment agreement to the extent possible that if the town could provide sewer and water we would. It was a question of the Wwn or the LCSA. It is important that there are two issues. One is the town's duties under the annexation agreement and then the substantive question of who can do what to who at River Creek. Mr. Atwell called for the vote. -12- 321 0 Z Minutes of October 13, 1992 VOTE Aye: Nay: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem' Councilmember Umstattd 9. (o) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and not adopted. A RESOLUTION: AUTHORIZING THE LEASE OF MEETING SPACE TO CHRIST CHAPEL AFRICAN METHODIST EPISCOPAL CHURCH WHEREAS, space is avsilAble in the Municipal Government Center for use by the public; and WHEREAS, Christ Chapel African Methodist Episcopal Church has requested to lease the Town Council Chamber and Staff Lounge for Sunday worship services and social hour and the Council Chamber for Wednesday evening Bible Study; and WHEREAS, Christ Chapel African Methodist Episcopal Church has agreed to terms for this lease satisfactory to the Council. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute a one-year lease with Christ Chapel African Methodist Episcopal Church to permit use of the town facilities described herein for a monthly charge of $322.50. The town may cancel said agreement at anytime with sixty (60) days notice to the Church. The lease shah include an option for .renewal by mutual agreement for an additional period of one year. The Church shall furnish a certificate of insurance DArning the town as an additional insured evidencing public liability insurance with a minimum combined single limit of $1 million. DISCUSSION Mr. Webb stated that he was against renting out the Council Chambers to anybody. He stated that he would have no problem with renting out other rooms in the building. Ms. Umstattd stated that if the town is not using the Council Chambers she would endorse the resolution. The church is paying a monthly rent. Ms. Bange stated that the Council Chambers needs to be available for special meetings. She would support renting another room to the church. VOTE Nay: Councilmembers Atwell, Trocino, Umstattd, Councilmembers Bange, Blake, Webb and Mayor Clem MOTION On motion of Mr. Trocino, seconded by Ms. Bange, the Town Manager is authorized to renegotiate another meeting place for the church in the government building. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 9. MOTION 322 Minutes of October 13, 1992 On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 92-199 - RESOLUTION - REGARDING SHENSTONE FARM GENERAL PLAN AMENDMENT WHEREAS, Mr Richard Stokes and other property owners in the Dry Mill Valley area of Loudoun County, propose amendments to the Leesburg Area Management Plan (LAMP) and the Loudoun County General Plan; and WHEREAS, this Plan amendment is known as Shenstone Farm CPAM 1992-0002, which would allow clustered development of their properties as a "traditional" comm~mity with 800 - 1200 dwellings and with a moderate level of non-residential and recreational uses; and WHEREAS, the Loudoun County Planning Commission recognizes the impact that this proposed Plan amendment could have on the Town of Leesburg; and WHE~, the Loudoun County Planning Commission has requested input from the Town of Leesburg regarding the merit of accepting this application for analysis prior to determining whether to accept the application; and WHEREAS, a memo dated September 3, 1992 was sent to the Leesburg Town Council that summarized the proposed General Plan amendment and suggested three courses of action that the Town Council may wish to pursue; and WHEREAS, the Planning and Zoning Committee recommended "suggestion number two (2)" from the above mentioned memo at their October 8, 1992 meetin~ THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Council convey's its willingness to work with the County if they choose to proceed with the Shenstone Farm General Plan amendment but cautions that this does not necessarily mean that the Town of Leesburg win provide public water and sewer service to the site. SECTION H. The Town of Leesburg reserves the right to make subsequent recommendations to the county pending full analysis and investigation of the proposal's impact on the town. SECTION ITI. The Town Manager is hereby directed to forward a copy of this resolution to Loudoun County. DISCUSSION Ms. Umstattd stated that she remains unconvinced that this resolution is properly before the Council because the primary issue is a public works issue of water and sewer. There is not sufficient information on this development. She stated that from the perspective of trying to maintain a coherent development policy throughout the county the idea of developing the Shenstone area would be a disaster. This area should remain in its current rural condition. She stated that she is opposed to endorsing the County's suggestion that they ~mend the General Plan. Mr. Trocino stated that he believes this issue was at the proper place at the Planning and Zoning Committee. This project is different from River Creek because this resolution conveys the town's willingness to work with the county. He expressed his support. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Nay: Councflmember Umstattd 9. (r~ MOTION On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. -14- 345 Minutes of October 13, 1992 92-200 - ~LUTION - MAKIN~ AN APPROPRIATION FOR INST,~I.I.&TION OF A TRAFFIC SIGNAL ON RT. 15 BYPASS AT BATTLEFIELD PARKWAY WHEREAS, the intersection of the Rt~ 15 Bypass and Battlefield Padm~ is an important regional road connection; and WHEREAS, a traffic signal is now warranted for this intersection in s~med~nce with the Manual on Uniform Traffic Control Devices; and ~ installation of a tr~_ ~c signal at thi~ intersection is Jz~luded in the Town of Leesburg FY92-96 Capital Improvements Program with an eetlmst~! pre, eot cost of $130,00~, and WHEREAS, funds for thi_,rproject were not included in the FY93 budget; and WHEREA~, the town's regional highway transportation proffer account contains s~fficient funds to cover the cost of this highway system improvement project. THEREFORE, RF..SOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The capital projects fund budget for the fiscal year ending June 30, 1993 is hereby amended to provide $130,000 of regional highway transportation proffers for construction of a traffic signal on Rt~ 15 Bypass at Battlefield Parkway. SECTION II. An appropriation is made in the amount of $130,000 to the Highways Capital Projects Fund account #902-9213-700-010 and will remain in effect until the project is completed. DISCUSSION Mr, Wtbb ~_slced when the project would be completed. Mr. Mason stated by the end of the fiscal year. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, UmstattA, Webb and Mayor Clem Nay: None 9. MOTION On motion of Ms. Bange, this matter was referred to the October 20, 1992, Admi~L~ration and Public Works Committee agenda for further consideration. ¥OT~ Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino NEW BU$1~ Ms. B~n~ asked wh~t the fees for the H~oween Parade are for. Mr. Brown stated that it would be about $400.00 and would cover town clean-up crews. He suggested that the Council authorize a contribution in lieu of waiving the fee. MOTION On motion of Mr. Webb, seconded by Mr. Blake, the town will contribute the $400.00 to the Kiwanis Club for the Halloween Parade. -15- 346 Minutes of October 13, 1992 VOTE Aye: Councilmembers AtweH, Barite, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay:. None MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the meeting was adjourned a~ 10:15 p.m. vo s Aye: Councilmembers Atwell, Ban~, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Barbara Mess~n$,er Clerk of Council Jmes E. Clem, Mayor -16-