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HomeMy Public PortalAbout1992_10_27329 0 Z 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 ~ ~ ~ ~ 330 Minutes of October 27, 1992 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. -2- 331 Minutes of October 27, 1992 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. 332 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 -4- 333 OJ O3 0 Z 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 -5- 334 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 -6- "· 335 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~ -7- 336 Minutes of October 27, 1992 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 -8- 337 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 -9-