HomeMy Public PortalAbout1992_10_13309
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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
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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.
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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,
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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
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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 ~
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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.
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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
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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.
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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:
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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:
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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.
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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.
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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
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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.
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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 $400.00 to the Kiwanis
Club for the Halloween Parade.
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VOTE
Aye: Councilmembers AtweH, Barite, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay:. None
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the meeting was adjourned a~ 10:15 p.m.
vo s
Aye: Councilmembers Atwell, Ban~, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Barbara Mess~n$,er
Clerk of Council
Jmes E. Clem, Mayor
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