HomeMy Public PortalAbout1992_10_27329
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T__O~Vflq COUNCIL MEETING MINUTES OF OCTOBER 27, 1992 .- -~ ~
A regular meeting of the Leesburg Town Council was held on October 27, 1992, at 7:30 p.m., in
the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by
Mayor Clem.
INVOCATION was given by Councilmember Georgia W. Bange
SALUTE TO THE FLAG was led by Town Manager Steven C. Brown
ROLL CALL
Councilmembers present
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
Assistant Town Manager Peter Stephenson
Director of Engineering and Public Works Thomas A. Mason
Director of Utilities Randolph W. Shoemaker
Director of Planning, Zoning and Development Michael Tompkins
Assistant 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 October 13, 1992, regular Council
meeting were approved as submitted.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
CERTIFICATES OF APPRECIATION
Mayor Clem presented Certificates of Appreciation to Dr. Travis ~mple for the customer service training
seminar presented to the town employees, to the Tally-ho Theater for contribution to Leesburg's
economic vitality and to Babe McGuire, Doug Taylor and Susan Farmer for their efforts in the Adopt-a-
Cop program.
Mr. Francis Fera, representing the Kiwanis Club, addressed the Council. Mr. Fera's statement is
attached and made a part of the official record.
Aunt Helga invited everyone to her haunted house at the Battlefield Shopping Center.
Mr. Bill Fissell, representing the NVBIA, addressed the Council expressing his support in the proposed
resolution, 9.fi).
COUNCILMEMBER COMMENTS
Mr. Webb acknowledged that the last two special events that were held in Lees~urg ~ ~ ~ ~
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to the Town.
Mr. Blake commen_.te~d-on the Mini Grand Prix event stating that it was a most invigorating event tl~t
brought many peols~-to the town including spectators and participants. He asked that a letter be sent
to the Rotary Club for sponsoring the event.
Ms. Umstattd echoed her fellow councilmembers with regard to the special events. She stated that record
crowds visited Leesburg during the last two weekends. People were lined up in the streets trying to get
into the restaurants. One of the restaurants in town made $30,000.00 over one weekend
She recognized Officer Doug Taylor and Mr. Dennis McVeen for their efforts with the Crime Prevention
Counsel in Leesburg. They received an award from Governor Wilder for one of the finest crime
prevention programs in the state.
Mr. Trocino also echoed each of his fellow councilmembers with regard to the special events. He
acknowledged the increase in new businesses in the Town of Leesburg.
Mr. Atwell attended the VML conference and stated that it was interesting to share ideas with other
town officials. He stated that he was pleased to be in attendance when the town received the award for
the Adopt-a-Cop program.
He thsnked Mr. Fera, with the Kiwanis Club, for his comments.
Ms. Ban~e. as a member of the Day Break Rotary Club, thanked the general public and all the
participants and volunteers who helped with the first annual mini grand prix event.
She noted that the Halloween Parade is scheduled for Saturday and encouraged everyone to come to the
parade.
She stated that there are a lot of people in the community that need to be able to use the pool and Ida
Lee Park but cannot afford the cost. She asked that any contributions or scholarships would be welcome
and appreciated.
MAYOR'S REPORT
Mayor Clem stated that the streets of Leesburg, during the past two weekends, looked alive.
He noted that Douglas High School has been placed on the historic roster.
He reminded everyone to support the United Way.
He recognized the 1993 Virginia Group Tour Travel Directory.
MANAGER'S REPORT
Mr. Brown congratulated the town's police department for winning a number of heats in the mini grand
prix race and he congratulated Ms. Bange's tremendous efforts during this event.
He spoke to a group of retired persons from the Lancaster County, Pennsylvania AARP.
He recognized Peter Stephenson, Susan Farmer and Gary Huff for their efforts for the Revolutionary War
Reenactment event.
LEGISLATION
9. (a), (b), (c), (d), (e), (f), (g). (h), (i)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following items were proposed as consent and
unanimously adopted.
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92-202 - RE.ROLUTIO~ -. =om~RIJ~HING A POLICY FOR THE NOTIFICATION OF BOARD OF ,.~ -
ARCHITECTURAL (BAR) MEETINGS
WHE~s the expressed policy of the Town Council to encourage citizen participation in
the function of the various Boards and Commi.~ions; and
WHEREAS, the Board of Architectural Review is charged with the responsibility of enhancing
and maintaining the architectural integrity of the Old and Historic District (H-1 district); and
WHEREAS, the 1950 Code of Virgini~ as amended does not establish a notification requirement
for advising the public of the activities of the Board of Architectural Review; and
WHEREAS, greater participation of the public and individuals directly affected by the decisions
of the Board of Architectural Review will facilitate equitable solutions during the public meetings:
THEREFORE RESOLVED by the Council of the Town of Leesburg as follows:
In order to encourage greater citizen participation at the public meetings of the Board of
Architectural Review (BAR), any property within the Old and Historic District which makes application
for review shall be posted with a placard to identify the purpose, location and time of the meeting. In
addition to the placard, adjoining property owners will be notified by mail of the purpose, location and
time of the public meeting.
92-203 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL TO
AMEND SECTION 10A-9 OF THE LEESBURG ZONING ORDINANCE TO PERMIT
GREATER FLEXIBILITY FOR THE ISSUANCE OF SIGN PERMITS, 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:
A notice of a public hearing with the Town Council to consider amending Section 10A-9 of the
Leesburg Zoning Ordinance to permit greater flexibility for the issuance of sign permits shall be published
in the Loudoun Times-Mirror on November 11, 1992 and November 18, 1992 for the public hearing on
November 24, 1992 pursuant to Section 15.1-431 of the 1950 Code of Virginia, as omended. The public
hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held
in the Council Chambers, 25 West Market Street N.W., Leesburg, Virginia. The clerk shall publish notice
of this hearing and the Council's intention to consider an amendment to the Leesburg Zoning Ordinance.
92-204 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTAIff,ATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
FA1RVIEW BLOCK F, LOTS 7-12
WHE~, Dale Construction Company, the developer of Fairview Block F, Lot 7-12, has not
completed all the required public improvements in accordance with the approved construction drawings
and town standards within the two (2) year period agreed to in the contract for public improvements;
and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond from the Selective Insurance Company was provided by the
developer to guarantee the installation of public improvements for Falrview Block F, Lots 7-12; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$16,914.00 to guarantee installation of the remaining public improvements for Fairview Block F, Lots 7-
12.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improveme~t~/~
hereby approved for Fairview Block F, Lots 7-12.
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Minutes of October 27, 1992
SECTIOi~_IL ~TA~porate surety bond from the Selective Insurance Company i~ the smount
of $16,914.00 is approved to guarantee the installation of public improvements for Fairview Block F, L~t
7-12. --
92-205 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INST~IJ.&TION OF PUBLIC
IMPROVEM~ENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
EXETER SECTION 5
WHEREAS, Richmond American Homes, the developer of Exeter Section 5, has not completed
all the required public improvements in accordance with the approved construction drawings and town
standards within the two (2) year period agreed to in the contract for public improvements;, and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond from American Motorists Insurance Company was pro~ted
by the developer to guarantee the installation of public improvements in Exeter Section 5; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$517,047.00 to guarantee installation of the remaining public improvements in Exeter Section 5.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improvements is
hereby approved for Exeter Section 5.
SECTION H. The corporate surety bond from American Motorists Insurance Company in the
amount of $517,047.00 is approved to guarantee the installation of public improvements in Exeter Section
5.
92-206 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTATJ.&TION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
EXETER SECTION 12
WHEREAS, Richmond American Homes, the developer of Exeter Section 12, has not completed
all the required public improvements in accordance with the approved construction drawings and town
standards within the two (2) year period agreed to in the contract for public improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHE~, a corporate surety bond from American Motorists Insurance Company was provided
by the developer to guarantee the installation of public improvements in Exeter Section 12; and
WHEREAS, the Director of Engineering and Public Works has approved the omount of
$141,775.00 to guarantee installation of the remaining public improvements in Exeter Sec~don 12.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension of one (1) year for the installation of public improvements is
hereby approved for Exeter Section 12.
SECTION H. The corporate surety bond from American Motorists Insurance Company in the
amount of $141,775.00 is approved to guarantee the installation of public improvements in Exeter Section
12.
92-207 - RESOLUTION - AWARDING A CONSTRU .CTION CONTRACT FOR THE SOUT/~ KK~I(I
STREET LEFT TURN LANE AT COUNTRY CLUB DRIVE
WHE~, the town Capital Improvement Program includes a project provi~ for the
construction of a northbound left turn lane on South King Street at Country Club Drive, a transportati~u
system improvement designed to enhance traffic safety and efficiency; and
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Minutes of October 27, 1992
WHEREA~ fu~s project is provided by general obligation bonds and funds from the
Loudoun County Transportation District Commission; and
WHEREAS,~ were solicited under Section 8.1, Competitive Sealed B/riding, of the Leesburg
Purchasing Regulations for the construction of these improvements; and
WHEREAS, the bids were evaluated pursuant to the bid documents, Town Purchasing
Regulations and the Virginia Public Procurement Act, and a recommendation of award has been made
by town st~ff; and
WHEREAS, Gull Corporation is the lowest bidder and has been declared to be both responsible
and responsive; and
WHEREAS, sufficient funds have been appropriated to complete this project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum
contract with Gull Corporation for the contract ~mount of $89,000 for construction of the South King
Street Left Turn Lane at Country Club Drive.
92-208 - RESOLUTION - AUTHORIZING AN INVITATION FOR BID FOR TOWN LEGAL AND
PUBLIC NOTICES
WHE~, Town Council requested that staff prepare a draft Invitation for Bid for town legal
and public notices to determine the most cost-effective provider to meet the needs and demands of town
citizens; and
WHEREAS, st_~ff provided the attached draft for review by Town Council at the Administration
and Public Works Committee meeting on October 20, 1992; and
WHEREAS, the Council's Administration and Public Works Committee forwarded the Invitation
for Bid to the Town Council with recommendation for adoption:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The attached Invitation for Bid for Legal and Public Notice Advertising is hereby authorized to
be published as required in accordance with the Town Cede.
92-209 - RESOLUTION - AUTHORIZING THE USE OF THE HARRISON STREET PARKING LOT
AS A LOUDOUN COUNTY COMMUTER PARK AND RIDE FACILITY AND BUS STOP
WHEREAS, Loudoun County has applied for and received Virginia Department of Transportation
grant funding to start a commuter bus service to benefit the residents of Leesburg and other areas of the
county; and
WHEREAS, Loudoun County desires to use the town-owned Harrison Street parking lot in the
vicinity of the W&OD Trail crossing as a sWp for the bus and a commuter park-and-ride facility; and
WHEREAS, the Town of Leesburg wishes to support the program, provided the county satisfies
all requirements from the town's insurance carrier and reimburses the town for the cost of installing
appropriate signage and necessary improvements to the parking lot to meet local, state and federal
requirements such as the Americans with Disabilities Act, and any other federal, state and local
engineering, zoning and legal requirements:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is hereby authorized to execute an agreement with the County
of Loudoun for the use of the Harrison Street parking lot as a designated bus stop and commuter park-
and-ride facility, provided the county satisfies all requirements from the town's insurance carrier,, an4
reimburses the town for the cost of installing appropriate signa~e ~d aemssm~,/ml~rovem~s ~a ~
parking lot to meet local, state and federal requirements such as the ~m~=m w/th ~ ~ ~zl
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Minutes of October 27, 1992
any other federal,~state~m4-1eeeb engineering, zoning and legal requirements.
SECTION IL_ ~ county's use of the parking lot shall not interfere with the usage of the lot a~ ~
a Town of Leesburg'recyc~ng drop-off center. Further, the Town of Leesburg reserves the right to
change the use of the Harrison Street parking lot should the town wish to sell, develop, or otherwise use
the lot in the future.
92-210 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTAIJ.&TION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
WOODLEA MANOR PHASE I
WHEREAS, Elm Street Development~ the developer of Woodlea Manor Phase I, 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 plus
two one-year time extensions for Woodlea Manor Phase I; and
WHEREAS, the developer has requested a one year time extension to complete the installation
of the remaining public improvements; and
WHEREAS, the letter of credit from Home Federal Savings and Loan Association (HomeFed),
which guarantees the installation of public improvements in Woodlea Manor Phase I, in the amount of
$774,000.00 automatically renews for additional one year periods of time; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$774,000.00 to guarantee installation of the remaining public improvements of Woodlea Manor Phase I;
and
WHEREAS, HomeFed has been taken over by the Office of Thrift Supervision and placed under
the control of the Resolution Trust Corporation (RTC); and
WHEREAS, no notice of cancellation of the letter of credit has been received by the town from
HomeFed or the RTC although payment of a claim against the letter of credit funds was not confirmed
by HomeFed or the RTC; and
WHEREAS, a request to HomeFed for both a new letter of credit in the amount of $774,000.00
and an additional loan to finance the completion of Woodlea Manor Phase I has been made by Elm Street
Development; and
WHEREAS, the funding request must be approved by the RTC; and a final decision by the RTC
regarding the request for funding made by Elm Street Development will not be available until mid-
November 1992.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension to November 25, 1992 for the installation of public improvements
is hereby approved for Woodlea Manor Phase I.
SECTION II. The letter of credit from the HomeFed in the ~mount of $774,000.00 is approved
to guarantee the installation of public improvements for Woodlea Manor Phase I.
VOTE
Aye:
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed av, d ~k~pted.
92-211 - RESOLUTION - ESTABLISHING PRO-RATA FEES FOR EAST LEESBURG SEWER SYSTEM
IMPROVEMENTS
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Minutes of October 27, 1992
~ ~l;i~l~15 of the Town Code authorizes the town to eo~leet iu~rata fees fo~ to~v~~
constructed sewer conveyance facilities necessitated, at least in ~ by ~u/~re subdivisions or
development of l~_d;~4md ~ ~
WHEREAS, the town proposes capital expenditures to be included in the FY 93-FY 97 Capital
Improvements Program, for sewer conveyance system improvements within the Upper Cattail Branch
Sewershed to include construction of approximately 13,000 feet of 15, 18 and 21-inch gravity sewer pipes,
a 3.85 MGD sewage pumping station and 2,500 feet of 14" forcemain; and
WHEREAS, a "public notice" regarding Council's intention to establish pro-rata fees for the East
Leesburg Sewer system improvements was published the week of September 7-11, 1992 in a local
newspaper of general circulation, along with individual notices mailed to all known property owners; and
WHEREAS, it has been determined that twenty percent of the cost of the inst~llstion of this
facility is for public benefit and eighty percent is for the benefit of property owners or developers of
undeveloped lands in the Upper Cattail Branch Sewershed; and
WHEREAS, the total estimated cost for all improvements associated with the East Leesburg
Sewer System project is $3,917,000.00:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The East Leesburg Sewer System Improvements pro-rata facility charge is hereby
established, effective upon passage, at $2.23 per gallon per day of estimated sewage flow for all new
connections or expanded use of existing connections in Section I of the service area and $0.38 per gallon
per day of estimated sewage flow for an new connections or expanded use of existing connections in
Section 2, as shown on the attached map.
SECTION H. The fee as specified in Section I shall be paid prior to the issuance of a zoning
permit and concurrently with the payment of required availability fees for new connections or expanded
use of existing connections to the East Leesburg sewer system.
SECTION HI. The fee shall be adjusted by the percentage increase or decrease in Engineering
News Record Construction costs index value at the time of application. The current construction cost
index value from which the increase or decrease shall be measured is 4992.
SECTION IV. The fees established herein shall run with the property and the Town Manager
shall maintain for public inspection a record of properties subject to these fees.
SECTION V. The Town Attorney is hereby authorized to negotiate, on behalf of the town, a
supplemental agreement to the April 19, 1988 Sewer Construction Agreement releasing the town from
any and all obligations under said agreement. In the event the sewerage conveyance facilities referenced
herein are constructed under the terms of the 1988 Sewer Construction Agreement" all pro-rata fees
collected by the town under the East Leesburg Sewer pro-rata will be paid to the project manager of the
sewer agreement to be credited to the percentage due pursuant to such agreement for such payer of the
pro-rata.
SECTION VI. The East Leesburg Sewer Improvements capital project is hereby established in
the FY 93-97 Capital Improvements Program for construction in FY 1995 and shall be funded, in part,
through use of any excess funds from the Series 1992 Utility Revenue Bond Issue.
DISCUSSION
Mr. Webb questioned what this would do to the sewer dub agreement.
Mr. Brown responded by stating that it is difficult to totally abandon the sewer dub agreement, therefore,
a provision in this resolution allows the town attorney to negotiate a supplemental agreement so that the
pro-rata would be the only fees collected for the establishment of the East Leesburg Sewer. In the event
the sewer club resurrects itself there is provision within the legislation to allow credits to the ~rs
who have paid pro-rata fees to the town.
Mayor Clem stated that this is a bold and positive move on the to~m'~ ~ to ~ ~ ~P~
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Crossing and oth~.r d~l~dnt~me~s can move forward.
Ms. Umstattd state fl that she would vote against this legislation because she feels what is being done i~
shifting the financid-~ourden for new development from the developers to the town taxpayers.
Ms. Bange stated that she does not feel that this shifts the burden to the taxpayer. The town may be
putting some money up front but the developers will be paying this. This is necessary in order to protect
the citizens of the town because we would not be able to honor some of the commitments that the town
already has.
Mr. Webb agreed with Ms. Bange. _ ...............
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Webb and Mayor Clem
Nay: Councilmember Umstattd
Abstain: Councilmember Trodno
9. (k)
MOTION
On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and unanimously
adopted.
92- 212 - RESOLUTION AUTHORIZING A REAPPROPRIATION OF FUNDS FOR THE
COMPLETION OF THE TOWN PLAN UPDATE
WHEREAS, the adopted FY1991-92 budget appropriated $50,000 under contractual services,
specifically for completion of the Town Plan and regular department expenditures; and
WHEREAS, $10,000 of the total amount was expended for departmental contractual services (e.g.
computer maintenance, Xerox maintenance, advertising) leaving a balance of $40,000; and
WHEREAS, upon adoption of the FY1992-93 budget, it was discovered that this balance was not
carried over; and
WHEREAS, a cost estimate prepared by the Director of Planning, Zoning and Development, dated
October 2, 1992, identified a total of $17,040 needed to complete the Town Plan amendment, resulting
in an approximate $23,000 savings; and
WHEREAS, this request for reappropriation was presented to the Finance Committee on October
8, 1992 and was unanimously supported;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A reappropriation of funds is authorized from the general fund reserve fund balance to the
following department budget account:
VOTE
Nay:
Account Description Amount
200.8101.300.010 Contractual Services $17,040
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
NEW BUSINESS
Mr. Brown commented on the upcoming Loudoun County public hearing on the installation of a transfer
station at the land fill. He stated that the town should comment on this matter because it will generate
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Minutes of October 27, 1992
about 40 tractor ._rE-all--day on Route 621 and could potentially direct those trucks down Route - ~-~ -
621 to Route 15 and either north or south on Route 15.
MOTION ~
Mr. Trocino made the following motion:
I move that the Council adopt a resolution authorizing the Mayor and members of Council, and the Town
Mana~r to attend this public hearing and that the Town Manager be directed to prepare a statement
in support of the town's position and concern in this matter.
The motion was seconded by Ms. Bange.
DISCUSSION
Ms. Umstattd asked how feasible is it that the trucks would come from Route 50 and turnaround at the
landfill so that they do not go past the middle school?
Mr. B~ stated that this is quite feasible.
Mr. Mason stated that if the station is established no one knows where the trucks will ~o. Would
Loudoun County own and operate the vehicles and use the bus maintenance facility on Sycolin Road to
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION
Ms. Umstattd made the following motion.
I move that the Council authorize the expenditure of $6,000.00 from the unallocated general fund balance
W install a two pole walk signal at the intersection of King and Market Street~ with one pole on the
northeast comer and the second pole on the southeast corner.
Ms. Umstattd stated this is a serious public safety matter.
The motion failed for lack of a second.
Mayor Clem referred this matter to the November :3, 1992, Administration and Public Works Committee
agenda for further consideration.
Mr. Webb questioned the state law by asking who has the right-of-way pedestrians or vehicles?
Ms. Welsh stated that she would address this question in the form of a memo to the Council.
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the meeting was adjourned at 8:40 p.m.
VOTE
Councilmembers Atwell, Bange, Blake, Trodno, Umstattd, Webb and Mayor Clem
None
Clerk of Council
James E. Clem, Mayor
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