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HomeMy Public PortalAbout1993_02_23 (2)469 TOWN COUNCIL MEETING MINWI~S OF FEBRUARY 23, 1993 A regular meeting of the Leesburg Town Council was held on February 23, 1993, 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 Director of Planning Michael Tompkins. ROLL CALL Councilmembers present George F. AtweH 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 Finance Paul E. York Director of Utilities Randolph W. Shoemaker Zoning Administrator Scott Johnson Capital Projects Coordinator Barry Thompson Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Town Attorney George Martin Clerk of Council Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Ms. Bange, seconded by Mr. Webb, the special meeting minutes of January 19, 1993 (as corrected by Ms. Umstattd) and the regular meeting minutes of February 9, 1993, were approved as written. VOTE Aye: Councilmembers AtweH, Bange, Blake, Trocino, Umstattd (abstains from vote of January 19, 1993 minutes), Webb and Mayor Clem Nay: None PETITIONERS Mr. Mike Banzhaf, representing the proposed Harper Park development, addressed the Council. Mr. Banzhaf referred to a memo written to Planner Marilee Seigfried with regard to zoning interpretation for planned developments. This memo is attached and made a part of the official record. Ms. Umstattd asked if it would be worthwhile for Mr. Ba,'zhaf and his clients to sit down with the hospital board, the Mayor and Council to see if there is something they could do to get the hospital to Harper Park? Mr. Banzhaf stated that this is worth pui,ulat;. Ifc ;:a:c~ !h-°! h,~ ~,,d his client have met with the hospital and would be happy to work with the town, county or whomever to make this work and to keep the hospital in the town. Mr. William McChesney, representing The Leesburg Foundation, addressed the Council with regard to a marketing plan/business recruitment plan for the town. Mr. McChesney's statement is attached and made a part of the official record. PUBLIC HEARING: Refuse collection policy._ Mr. Barry Thompson addressed the Council presenting the staff report. Mr. Hubbard Turner a resident of Leesburg, addressed the Council expressing concern with having too many trash/recycling containers. 470 Mr. David Grayson, representing Grayson's Refuse, addressed the Council briefly summari~,ing the proposed procedure. Mr. Blake stated that refuse collection has been a discussion item at the town's EAC for several months. He stated that the EACYs greatest concern is getting the word out to the citizens. Mr. Banzhaf, representing the town's EAC, addressed the Council agreeing with Mr. Blake expressing the importance of educating the citizens. Mayor Clem closed the public hearing. Mayor Clem questioned the pick-up procedure for large items and having to pay for this service in advance of the pick up. He asked if this charge could be attached to water bills. Mr. Brown stated that staff will look into this. Mr. Blake suggested placing a flyer in the upcoming water bills to advise the town's citizens of the new procedures. Mr. Brown stated that staff has discussed various strategies- bulk mail, post cards, character generator, media, etc. Mr. Trocino stated that this is not a downgrade of service but a new way of handling the trash stream. This is a socially more responsibly way of handling refuse and recycling. MOTION On motion of Ms. Bange, seconded by Mr. Trocino, this matter was referred to the March 2, 1993, Administration and Public Works Committee agenda for further consideration. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None COUNCILMEMBER COMMENTS Mr. Webb stated that Mr. David Frenzel came before the Planning and Zoning Committee last week to request another hearing on the land lease residential application. Mr. Webb stated that Mr. Frenzel's reasoning was that there had been so many distorted and untruth told about his application that he felt he had not been given a fair shake. The committee felt that it would be fair to let Mr. Frenzel petition the Council Mr. Blake had no comment. Ms. Umstattd congratulated second-grader Dakari Burke for receiving an A in math. Dakari is a student at Cool Spring Elementary School in Leesburg. Ms. Umstattd encouraged other students who are getting A's to let the Town Council know. Ms. Umstattd reviewed the schedule of public meetings to be held by the Loudoun Hospital Center. Ms. Umstattd stated there will be two new business resolutions proposed this evening regarding potential expansion of the town's water treatment facility. She stated that she will vote against the proposed resolutions because she feels the town's citizens will be asked to pay a lot of money to send water outside the town. Mr. Trocino stated that Mr. C. B. Baldwin of the hospital recently suffered a mild heart attack. Mr. Trocino wished Mr. Baldwin well. Mr. Trocino reported on the poor audio quality of cable during the hospital forum on February 22, 1993. Mr. Trocino reported on the appointments of the Toll Road Committee. Three out of the four town candidates were appoiiit~d. Mr. Atwell had no comment. Ms. Bante thanked Mr. Bob Dontitt for the photographs of the Council Chambers. Ms. Bange reported on the breakfast held at Ida Lee Park to recognize volunteers of the parks and recreation department. Three volunteers, Holly Hunt, Frank Smoot and Mary Ballard were reco~lrni?ed for their adaptive aquatic work with individuals with special needs. 471 0 Z Ms. Bange also recognized Diane Hillyard who has been instrumental in the save a plant program and Ms. Katie McAuliffe for qualifying for the Junior Olympics. Ms. Bange stated, with regard to the two new business items, that the Council needs to look at the needs of today but also have a vision for the future. She stated that this action is very important to the town and to its future. Ms. Bange wished Lillian Murry well. MAYOR'S REPORT Mayor Clem stated that he attended a dinner at Catoctin Elementary for cub scouts. Mayor Clem attended the Loudoun County gas tax allocation meeting where Leesburg is the recipient of $35,0OO.OO. Mr. Brown stated that the Mayor can take credit for $245,000.00 coming from the gas tax allocation. Mayor Clem asked that The Leesburg Foundation proposals be placed on the March 2, 1993, Administration and Public Works agenda. MANAGER'S REPORT Mr. Brown highlighted the Activity Report. LEGISLATION ~0. (a) MOTION On motion of Ms. Bange, this item was referred to the March 2, 1993, Administration and Public Works Committee agenda for further consideration. 10. (b), lc). rd), (e). (f) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent items and unanimously adopted. 93-35 - RESOLUTION - REFERRING TO THE CABLE TELEVISION ADVISORY COMMISSION A REQUEST FROM BENCHMARK ACQUISITION FUND I, L.P., (CABLEVISION OF LOUDOUN) TO TRANSFER AND RENEW THE LEESBURO CABLE TELEVISION FRANCHISE AGREEMENT WHEREAS, on February 9, 1993, the town manager was notified by Benchmark Communications that Benchmark Acquisition Fund I, L.P., (Cablevision of Loudoun) intends to purchase the Leesburg cable television system from Maryland Cable Corporation (Multivision Cable TV of Leesburg); and WHEREAS, Section 5.1-29 of the Town Code requires any transfer of the franchise to be approved by the Town Council; and WHEREAS, Benchmark has paid the required $500.00 transfer fee; and WHEREAS, Benchmark has also requested the town combine the franchise transfer with renewal of the Franchise Agreement, which expires on October 14, 1995. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: T',~ ,v~luc~i by Bcudmuuk AS~lUi~iiion Fund i, L.F., (Cublcvi~ion o£ Loudoun) to transfer and renew the cable television Franchise Agreement is hereby referred to the town's Cable Television Advisory Commission for review and recommendation. 93-36 - RESOLUTION - AMENDING SECTION II OF THE ADOPTED RESOLUTION NO. 93-7 REGARDING THE MINIMUM LEASE PERIOD FOR AV-ED FLIGHT SCHOOL AT THE LEESBURG MUNICIPAL AIRPORT WHEREAS, The Town Council adopted Resolution No. 93-7: Authorizing the Town Manager to execute lease agreements and employment contracts to assume the operation and management of the Leesburg 472 Municipal Airport, on January 12, 1993; and WHEREAS, Section II of Resolution 93-7 specifically authorized the Town Manager to execute a lease with Ay-Ed Flight School, for an initial lease term of one year with renewal for successive annual terms as authorized by the Town Council on the advice of the Airport Commission; and WHEREAS, on February 7, 1993, Donald O. Robb, President of Ay-Ed Flight School, Inc. requested that the Town Council consider approval for negotiation of a lease with a minimum term of two years, instead of one year due to the unexpectedly large capital and start up investment which the rapid transition has required; and WHEREAS, an extension of the initial lease period for Ay-Ed Flight School, Inc., from one year to two years would be consistent with the initial two year lease period authorized for American Beechcraft Company per Section I of Resolution 93-7; and WHEREAS, on February 16, 1993 the Town Council Administration and Public Works Committee recommended amending Section II of the adopted Resolution No. 93-7 to increase the minimum lease period for the Ay-Ed Flight School at the Leesburg Municipal Airport from one year to two years: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section II of Town Council Resolution No. 93-7, adopted January 12, 1993 is hereby amended as follows: SECTION II. The town manager is hereby authorized to execute a lease with Av-Ed Flight School, commencing January 18, 1993, in a form approved by the town attorney. The town shall lease appropriate office space within the terminal building, as well as a specified number of aircraft tie-down spaces on the ramp for the operation of the flight school. The initial term of the lease shall be for o~e two yearn with renewal for successive annual terms by the town as authorized by the Town Council on the advice of the Airport Commission. The total term shall not exceed four years and eleven months. Consideration shall include payment of monthly rent to the Town of Leesburg by Ay-Ed Flight School, consistent with the Airport Management Plan memo dated January 4, 1993. 93-37 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE EDWARDS FERRY ROAD IMPROVEMENTS AT SHENANDOAH SQUARE SHOPPING CENTER RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town 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 Edwards Ferry Road Improvements at Shenandoah Square Shopping Center. SECTION II. The irrevocableletter of credit in a form approved by the Town Attorney from Nations Bank in the amount of $101,032.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the Edwards Ferry Road Improvements at Shenandoah Square Shopping Center. 93-38 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE SHENANDOAH SQUARE TRAFFIC SIGNAL PROJECT FOR EDWARDS FERRY ROAD RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town 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 Shenandoah Square Traffic Signal Project for Edwards Ferry Road. SECTION II. The irrevocable letter of credit in a form approved by the Town Attorney from Nations Bank in the amount of $201,000.00 is approved as security to guarantee installation of the public iu~prov~menis shown on plans approved by ~he Director of Engineering and Public ~v~orics ~or the Shenandoah Square Traffic Signal Project for Edwards Feny Road. 93-39 - RESOLUTION - APPROVING THE VACATION OF A WATER EASEMENT IN EXETER, SECTION 4, TAX MAP 48 PARCEL 138 WHEREAS, Natelli Associates Limited Partnership, owners of Exeter, Section 4, has requested a portion of a water easement be vacated as shown on Plat #RPA-174-LC, prepared by Dewberry & Davis; and WHEREAS, the portion of the water easement proposed for vacation was platted incorrectly by the 473 applicant, and a new portion of water easement is being proposed for recordation in an appropriate location: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The vacation of a portion of the water easement as shown on Plat #RPA-174-LC, prepared by Dewberry & Davis, dated October 15, 1992, and last revised February 3, 1993, is hereby approved. VOTE Aye: Councilmembers Atwelk Bange, Blake, Trocino, Umstattck Webb, Mayor Clem Nay: None 10. (g) wns removed from the agendn with no further action. 10. (h) MOTION Mr. Blake made a motion to have this item re-bid because the guidelines were not followed in whole. The motion was seconded by Mr. Webb. VOTE Aye: Councilmembers Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Abstain: Atwelk Bange NEW BUSINESS 11. (a) MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 93-40 - RESOLUTION - ADOPTING THE RECOMMENDATIONS OF THE BCM REPORT ON THE FUTURE SITE ANALYSIS STUDY FOR THE LEESBURG WATER TREATMENT FACILITY and WHEREAS, the town is designated as the water supply provider for the town's urban growth area; WHEREAS, to provide water for the town's urban growth area, average day water supply capacity requirements are projected to be approximately 20 million gallons per day (mgd); and WHEREAS, the current site of the water treatment facility can accommodate approximately 10 mgd of productive capacity; and WHEREAS, the BCM "Future Site Analysis Study~ for the Leesburg Water Treatment Facility dated February 2, 1990, recommends the acquisition of approximately 10 acres of adjacent land to accommodate an expansion to 20 mgd, average day capacity enough to supply the projected build-out of the town's urban growth area. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The engineer's recommendations as detailed in the "Future Site Analysis Study", for the town's water treatment facility, as prepared by BCM, Inc. are hereby adopted to ensure that the town's water supply will be sufficient to accommodate future growth. DISCUSSION Ms. Umstattd stated that she objects to this policy in it's entirety. She stated that right now the water treatment plant (wrP) has a physical capacity to handle 10 mgd. That, at the town's historic experience, would be able to handle a population of over 56,000 people. "To go to a 20 mgd facility - we are looking at Leesburg supplying water for a 112,000 people." She stated that she could not see the town providing water for that many people outside the corporate limits of the town. "If the LCSA is willing to provide that water outside the corporate limits, I say let them do it. In order to make this project go forward the town is looking at acquiring a sizeable chunk of land. It is possible that the town could spend anywhere from $200,000.00 to haft a million dollars for that land. Where are we going to get the money? Right now the town has $1.1 milh'on in reserve. This year we are only adding $5,000.00 to the reserve. That will eat away one-third of the 474 town's reserve and maybe half of it. Once again we are following this policy which is faulty and destructive to the future of this town of paying for the water for everybody who wants to move in outside the town." Ms. Umstattd stated that she will not support this. Mr. Shoemaker stated the figures that Ms. Umstattd referred to are general fund figures which will not contribute at all to the purchase of this property. This property will be purchased through utility fund revenues. He stated that staff has not determined, at this point, what the utility fund balance will be for FY93. Mr. Brown stated that it is still in question as to whether the town will have to purchase the property. Mr. Shoemaker stated, with regard to the population figures, that the WTP is sized based on maximum day demand. Using a factor of 108 gallons per capita per day the town could accommodate a population of 45,000 people within the current corporate limits of the town. The maximum day demand factor included in the master plan is 1.75. The plant has to be capable of producing water at 1.75 times the normal average day consumption. This is based on a population of approximately43,000. The total maximum day demand at that level would be approximately 14.9 mgd which is one and one half times the town's current capacity of the existingplant. Therefore, the town needs additionalproperty for expansion of the plant. The study conducted in 1990, for a future site analysis for the WTP looked at an ultimate capacity of 20 mgd. The reason being the town does not know what areas outside the corporate limits might be served. There are areas currently outside the town's limits that are included in the AADP that would be served by the town. Incorporating those figures in addition to the proposed build out of the current town limits 20 mgd, was a reasonable capacity for the Town of Leesburg water system. Mayor Clem asked if the plant is ever run at its maximum capacity. Mr. Shoemaker stated this would leave no room for possible rezoning or higher use of the plant. Mayor Clem asked if the town had to condemn the land would the potential rezoning pay for it? Mr. Brown stated that there are a lot of alternatives. He stated that a week ago the town went from having proffered the dedication of 10 acres through a rezoning in the county to a situation where the town will have to pay for the property that was going to be proffered to the town. He stated that he hoped a mechanism can be worked out where the rate payers of the town will not have to bear the brunt of this action. Mr. Brown explained that the Council is responding to a level of urgency to a potential threat to the town's future expansion of the WTP. The town needs to ensure that a public need for the expansion of the WTP is established very clearly by Council action and that Council authorize the necessary personnel to pursue the alternative negotiated or court ordered settlement to ensure that the future of Leesburg's water supply is retained under the town's control. Ms. Banee stated that the town has many, many different kinds of needs that use water. She stated that the 56,000 people would no where near be served by this amount of water if the town also had supporting businesses to go along with it. Mr. Trocino stated that it is very important to take this action. "The best job the Council can do is to be visionary and to provide for utilities. The way to provide for a ghost town is to not provide for utilities." Mr. Blake stated "as leaders of the town, to not look toward the future is self centered and inconsiderate and a selfish attitude to not try to prepare for those who will come in the future." Mr. Atwell stated that if the town does not prepare itself to meet the challenge, the town is allowing the LCSA to go forward uncontested then the town is locked into 10 mgd. "We don't want something like this to control the destiny of the Town of Leesburg. If this should end up costing the town half a million dollars -I think it is cheap - to be able to control the destiny of the town. If we do not provide enough water for economic development there will be no economic development." VOT~ A~e: Nay: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Councilmember Umstattd 11. (b) MOTION On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted. 9341 - RESOLUTION - AUTHORIZING THE DEPUTY TOWN ATrORNEY TO NEGOTIATE AND INTERVENE IN THE LOUDOUN COUNTY SANITATION AUTHORITY (LCSA)CONDEMNATION SUIT REGARDING TEN ACRES NEEDED FOR 2/23/93 -6- 475 O3 0 Z THE EXPANSION OF THE WATER TREATMENT FACILITY WHEREAS, proffers proposed through the River Creek development rezoning process included approximately ten acres to be dedicated to the town by the owner of the property, River Creek Limited Liability Corporation for the purpose of expanding the water treatment facility; and WHEREAS, the LCSA had negotiated with the property owner for the dedication of adjacent property for the purpose of constructing its water treatment plant; and WHEREAS, negotiations between the LCSA and the property owner have failed and the LCSA has filed a condemnation suit on the property it needs plus the property proposed for dedication to the town; and WHEREAS, the town requires the additional approximate ten acres to ensure that water can be provided to future citizens in the urban growth area of the town as agreed upon by the town and Loudoun County. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The deputy town attorney is hereby authorized to negotiate with River Creek Limited Liability Corporation the property owner and LCSA and to intervene on behalf of the town in the LCSA condemnation suit against River Creek Limited Liability Corporation to protect the town's interest in and to such ten acres required for expansion of the town's water treatment facility. VOTE Aye: Nay: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Councilmember Umstattd On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m. Clerk of Council 0 · Clem, Mayor