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HomeMy Public PortalAbout1993_07_13TOWN COUNCIL MEETING MINUTES OF JULY 13, 1993 A regular meeting of the Leesburg Town Council was held on July 13, 1993, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Georgia 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 Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Gary Huff Zoning Administrator Scott Johnson Contracts Administrator Barry Thompson Public Information Officer Susan Farmer 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 February 15, 1993, April 14, 1993, June 12, 1993 and the regular meeting minutes of June 22, 1993, were approved as submitted. VOTE Nay: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None CERTIFICATES OF APPRECIATION Mayor Clem presented a Certificate of Appreciation to Public Information Officer Susan B. Farmer for her efforts with the dedication of the Balls Bluff Cemetery. Mayor Clem and Barry Thompson presented a Certificate of Appreciation to Ms. Taryn Williams and the employees of I.M.M.E., Inc. PETITIONERS Ms. Suzanne Conrad, representing the Toll Road Corporation of Virginia, addressed the Council stating that the toll road corporation hopes construction will begin in September. She thanked the Council and staff for their continued support. Ms. Janet Perry presented a Certificate of Appreciation to the Town Council for their support on behalf of the Loudoun House Coalition. She updated the Council on Camp Bright Star. Mr. David Frenzel, developer of the proposed manufactured housing project, addressed the Council requesting serious consideration be given of this project. He stated that there was a lot of citizen opposition, previously that was illegitimate. He stated that th~ plan has been changed to a retirement community so that a lot of the ,'oncerns will now be resolved. Mr. Chuck Jones, Chairman of the Open-space Committee, addressed the Council with regard to tree preservation and -ew development in the town. He mentioned the Food Lion project where many existing mature trees were taken down. He asked that the Council focus their attention to the remaining trees in the town with regard to future developments. Mr. Brown stated that the town's Environmental Advisory Commission is currently reviewing the town's ordinance. Mr. Atwell asked that staff see if any violations of the town's current ordinances have occurred at these developments. Mr. Lawrence Kelly, a resident of 404 Edwards Ferry Road, N.E., addressed the Council in opposition to the Catoctin Circle extension. Mr. Kelly's statement/petition is attached and made a part of the official record. Mrs. Cathie Wilt, representing the Greater Leesburg Citizen Association, addressed the Council requesting that the Harper Park development be preserved as planned employment. Councilmember Webb asked Mrs. Wilt who the people were in the Greater Leesburg Citizen Association, where they live and if they know Mrs. Wilt is representing them? Mrs. Wilt stated that her statements have all been approved by the association's board members and that she would let the Council know if she were not representing them. She stated that the association is represented by all the quadrants of the Town of Leesburg. Mr. Howard Kleet, a resident of 320 Edwards Ferry Road, expressed his opposition to the extension of Catoctin Circle to Edwards Ferry Road. Ms. Nora Bovino, a resident of 320 Edwards Ferry Road, expressed her opposition to the extension of Catoctin Circle to Edwards Ferry Road. Mr. Alton Echols., addressed the Council asking that the Council form a Transportation Committee. He also expressed his opposition to the Catoctin Circle extension. Mr. William Muloke¥, a resident of Edwards Ferry Road, expressed his opposition to the extension of Catoctin Circle to Edwards Ferry Road. Mr. Steve Scott, a resident of 404 Edwards Ferry Road, expressed his opposition to the extension of Catoctin Circle to Edwards Ferry Road. Mr. Chuck Jones, a resident of 112 Prince Street, stated that he is opposed to the Catoctin Circle extension until there are enhanced engineering plans for the whole system in this quadrant of town. PUBLIC HEARING to consider amending the Leesburl~ Zoning Ordinance by establishing a Government Center Zoning District Mr. Brown presented a brief staff presentation. Mr. Alton Echols, owner of real estate within the proposed Government Center District, addressed the Council. He stated that this district must be accomplished by not destroying the ambiance of downtown. It must be compatible with the historic district and preserve the market place. The Mayor closed the public hearing. COUNCIL,MEMBER COMMENTS Mr. Webb had no comments. Mr. Blake had no comments. Ms. Umstattd had no comments. Mr. Trocino had no comments. Mr. Atwell had no comments. Ms. Bange stated that the EDAC has discussed in detail the creation of a transportation committ¢z. She attended the Parks and Recreation Commission meetingon Saturday, where Chairman Robinson tehdered his resignation. Mr. Robinson is moving out of town. She stated that she ~,mpathizes with the residents of Edwards Ferry Road with regard to the Catoctin Circle extens;on; bowe-,er, :he ir .the. property owner of property on Edwards Ferry Road and the parking lot is used 7/13/93 -2- as a cut-through to Edwards Ferry Road. It is the only one besides Plaza Street. MAYOR'S REPORT Mayor Clem thanked Mr. Huff and the Leesburg Volunteer Fire Company for the Fourth of July event at Ida Lee Park. Mayor Clem welcomed Stuart Lewis, with EIR News, back. MANAGER'S REPORT Mr. Brown highlighted items in the Activity Report. He congratulated town employee Rhonda Powell and her husband on the arrival of their baby girl. He pointed out that the town's availability fees are twice what staff predicted. He stated that Mr. David Frenzel has requested that his application for manufactured homes be reinitiated and referred to the Planning and Zoning Committee of July 20, 1993. LEGISLATION 11. (a) MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and unanimously adopted. 93-0-24 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE TO ESTABLISH A GOVERNMENT CENTER ZONING DISTRICT WHEREAS, it is the intent and desire of this Council that Leesburg remains the historic seat of government for the County of Loudoun; and WHEREAS, the Loudoun County Board of Supervisors have solicited bids to establish a location for a consolidated governmental complex; and WHEREAS, to facilitate this complex within the corporate limits of the Town of Leesburg, it is more expedient to create a specific zoning district for a government center than to amend the existing zoning categories; and WHEREAS, the Planning Commission held a public hearing on June 3, 1993 and forwarded a positive recommendation to Council for adoption; and and WHEREAS, the Town Council of Leesburg considered this item at a public hearing on July 13, 1993; WHEREAS, the amendment to the zoning ordinance is in the public interest to retain the government center in Leesburg and is good zoning practice. THEREFORE ORDAINED by the Council of the Town of Leesburg as follows: SECTION I. Section 4G of the Leesburg Zoning Ordinance is hereby included in the ordinance to read as: Section 4G - GC GOVERNMENT CEN'I~R DISTRICT Section 4G-1. PURPOSE AND INTENT The GC District provides the opportunity for county and local governmental entities to locate throughout the corporate limits and establish specific site design criteria through the rezoning process which may include the architectural design, parking requirements, landscaping and buffering standards to minimize any potential intrusion on adjoining properties. Section 4G-2. PERMITTED USES (1) Agricultural Uses a. None 7/13/93 -3- (2) Residential Uses a. None (3) Institutional and CommuniW Services Uses a. Government office b. Library c. Museum d. Park, public e. School, public f. Fire and/or rescue facility (4) Commercial Uses a. Customary accessory uses to offices, not exceeding25% of the leasable floor area of the building. (5) Industrial, Trade & Warehouses Uses a. None Section 4G-3. SPECIAL EXCEPTION USES The following uses may be permitted or expanded in the GC Zoning District subject to the special exception procedures and criteria established in this Ordinance. (1) Agricultural Uses a. None (2) Residential Uses a. None (3) Institutional and Community Service Uses a. None (4) Commercial Uses a. None (5) Industrial, Trade & Warehouse Uses a. None Section 4G-4. MINIMUM DISTRICT SIZE a. Two (2) acres Section 4G-5. LOT SIZE (1) Minimum Lot Size a. 40,000 square feet (2) Minimum Lot Width a. 100 feet Section 4G-6. YARD REQUIREMENTS (2) (3) (4) Front yard 40 feet Side yard 15 feet Rear yard 25 feet Front, side, and rear yard setbacks may be reduced or be provided as a zero-yard setback if demonstrated to the satisfaction of the Town Council upon recommendation from the Planning Commission that the proposed setback will facilitate a structure that is harmonious and compatible with the surrounding uses. Section 4G-7. HEIGHT LIMITATIONS FOR PRINCIPAL STRUCTURES (1) 45 feet, unless modified during the rezoning as the minimum height necessary to facilitate the proposed building. SECTION II. All prior ordinances in conflict he~-ewith ate repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any ~ zmaining provisions of the zoning ordinance. 7/13/93 -4- VOTE Aye: Nay: 11. SECTION IV. This ordinance shah be in effect upon its passage. Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and unanimously adopted. 93-0-25 - ORDINANCE- AMENDING CHAPTER 2, ARTICLE VII, SECTION 2-87, 2-90, 2-91.1, 2-91.2, CHAPTER 5.1-80(b) AND SECTION 13-17 OF THE LEESBURG TOWN CODE, REGARDING COMPENSATION FOR BOARDS AND COMMISSIONS WHEREAS, the Town of Leesburg's boards and commissions volunteered to reduce or eliminate their monthly compensation in response to the FY 1992 Budget shortfall; and WHEREAS, compensation for the town's boards and commissions was reinstated with the adoption of the FY 1993 Budget: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Compensation for the town's boards and commissions is amended as follows: See. 2-87. Airport Commission. Compensation of members of the town airport commission, exclusive of the councilmanic appointment, after ~ July 1, 1993 is shall be $600.~per annum, payable in equal monthly installments. Sec. 2-90. Economic Development Advisory Commission. Compensation of members of the town economic development advisory commission, exclusive of the councilmanic appointment, after ~ July 1, 1993 is shall be $600.0~ per annum, payable in equal monthly installmentt. See. 2-91.1. Parks and Recreation Commission. Compensation of members of the town parks and recreation commission, exclusive of the councilmanic appointment, after ~ July 1, 1993 is shall be $600.0~ per annum, payable in equal monthly installments. See. 2-91.2. Environmental Advisory Commission. Compensation of members of the town environmental advisory commission, exclusive of the councilmanic appointment, after ~ July 1, 1993 is shall be $600.00 e!L"'.2ne*.ed per annum, payable in equal monthly installments. See. $.1-80. Commission established generally. (b) Compensation of members of the town cable commission, after July 1, 1993, shall be $600.00 per annum, payable in equal monthly installments, c of,,,r v,,~,, 4, ~ ooo ,.'~ e!.;m~a*_ed. Members shah be reimbursed for actual expenses incurred in the exercise of their functions subject to the availability of funds appropriated for the purpose and as approved in advance by the town manager. See. 13-17. Compensation of members; reimbursement for expenses. (a) Compensation of the chairman of the town planning commission after ~ July 1, 1993 shah be $3,150.00 $ !,575.00 per annum, payable in equal monthly installments. (b) Compensation of members of the town planning commission after ~ July 1, 1993 shah be $3,000.00 $4v500,00 per annum, payable in equal monthly installments. (c) Members of the town planning commission shall be reimbursed for actual expenses incurred in the exercise of their functions. SECTION II. This ordinance shall become effective upon its passage. 7/13/93 -5- VOTE Aye: Nay: Councilmembers Atwell, Bange, Blake, Trodno, Umstattd, Webb and Mayor Clem None 11. (d). (e). (f). (h). (i). (i) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent and unanimously adopted. 93-129 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 7 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 7, 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 WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $1,048,311.00 from Nations Bank was provided by the developer to guarantee the installation of public improvements in Exeter Section 7. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Nations Bank in the amount of $1,048,311.00 is approved to guarantee the installation of public improvements in Exeter Section 7. SECTION II. A time extension to July 16, 1994 for completion of the public improvements is approved. 93-130 - RESOLUTION - ACCEPTINGPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT ROSEMEADE SUBDIVISION WHEREAS, South Charles Realty Corporation, the developer of the Rosemeade Subdivision (Catoctin Chase), has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved; and WHEREAS, although the project has been completed nearly one year ago, the Department of Engineering and Public Works could not recommend release of the performance contract until a problem with overland relief for stormwater between lots 14 and 15 was resolved; and WHEREAS, the issue has since been resolved and the necessary grading work has been completed and approved by the town and the residents. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from American Security Bank in the amount of $98,518.00 is released, and a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $30,500.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. 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. 93 - 131 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT FOX CHASE SECTION 2 WHEREAS, Pulte Home Corporation, the developer of Fox Chase Section 2 has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Nations Bank in the amount of $184,042.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $19,874.95 is approved, and shall be in effect for a period of one year from this date. 7/13/93 -6- SECTION II. 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. 93-132 - RESOLUTION - CANCELLING THE AUGUST 17, 1993, PLANNING AND ZONING AND ADMINISTRATION AND PUBLIC WORKS COMMITYEE MEETINGS AND THE AUGUST 24, 1993, REGULAR TOWN COUNCIL MEETING RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Planning and Zoning and Administration and Public Works Committee meetings of August 17, 1993 and the regular Town Council meeting of August 24, 1993, are hereby cancelled. 93-133 - RESOLUTION - ENDORSING AN APPLICATION FOR A VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE TOWN OF LEESBURG WHEREAS, the Town of Leesburg may be eligible for Virginia Community Development Block Grant (VCDBG) funds through the Virginia Department of Housing and Community Development (VDHCD); and WHEREAS, the Town of Leesburg desires to apply for such a planning grant under the category of central business district revitalization for the purpose of receiving a grant up to $25,000 to perform a downtown market study; and WHEREAS, the deadline for submitting an application is July 16, 1993: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Council hereby authorizes the Town Manager to prepare and submit the VCDBG application to the Virginia Department of Housing and Community Development by July 16, 1993. SECTION II. In the event the Town of Leesburg's application receives funding, the Town Manager is authorized to execute the Planning Grant Agreement between the Town and VDHCD. SECTION III. Further, as part of the application, the Town hereby commits in-kind services in the amount of $1,500. 93-134 - RESOLUTION - CONCERNING PROPOSED CHANGES TO THE ALLOCATION FORMULA FOR DISTRIBUTION OF COMMONWEALTH TRANSPORTATION TRUST FUNDS WHEREAS, the General Assembly authorized the Virginia Department of Transportation (VDOT) to conduct an analysis of the allocation and distribution of the Transportation Trust Fund in Virginia; and WHEREAS, pursuant to its analysis, VDOT has recommended a change in the allocation formula that reduces the Urban System share from 30% to 25% of the total trust funds; and WHEREAS, Urban System funds are the Town of Leesburg's primary source of road construction money, and the proposed change would reduce the Town's available Urban System funding by about 10%; and WHEREAS, the proposed change in the allocation formula is based, in part, on the rationale that a portion of federal transportation funds is now channeled directly to localities in Virginia through their metropolitan planning organizations (MPOs); and WHEREAS, Leesburg is eligible for such funds through its MPO, the National Capital Area Transportation Planning Board (TPB); and WHEREAS, while eligible, Leesburg is disadvantaged in competing for TPB-controlled funds because the board's rules do not permit towns to be members; and WHEREAS, the General Assembly Select Committee appointed to review VDOT's findings and recommendations will conduct a public hearing on Wednesday, July 21, 1993, in Herndon, Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg has grave concerns that the proposed change in the allocation formula for distribution of the Commonwealth TransportationTrust Fund will permanently reduce the funding available to the Town for road construction, and that the Town is not in an equitable position to recover the loss through regional funding controlled by the Transportation Planning Board. The Town of Leesburg therefore requests the support of transportation authorities and elected officials concerned with the distribution of federal transportation funds in Northern Virginia in rectifying this inequity through one of the following means: 7/13/93 -7- Full membership in their metropolitan planning organizations for all jurisdictions having responsibility for building and maintaining roads, including towns. B. Reservation of a portion of the Urban System funds, as part of any revision to the allocation formula, for use by Urban System funding beneficiarieswhose qualified needs are not funded by their respective metropolitan planning organizations. SECTION II. The Town's representatives are directed to present this position at the Select Committee's public hearing on July 21, 1993. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 11. (c} MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 93-135 - RESOLUTION- ACCEPTINGPUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT TAVISTOCK FARMS SECTION 2 WHEREAS, Trafalgar House, the developer of Tavistock Farms Section 2 has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Home Assurance Company in the amount of $35,319.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $7,063.70 is approved, and shall be in effect for a period of one year from this date. SECTION II. 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. VOTE Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem Nay: None Abstain: Trocino 11. (e) MOTION On motion of Mr. Blake, seconded by Mr. Trocino, the following resolution was proposed and adopted. 93-136 - RESOLUTION AUTHORIZING AMENDMENT NUMBER ONE TO THE IMPLEMENTATION AND ESCROW AGREEMENTS WITH THE TOLL ROAD CORPORATION OF VIRGINIA WHEREAS, Resolution 92-115, adopted on July 14, 1992, authorized the Mayor to sign the Implementation and Escrow Agreementswith the Toll Road Corporation of Virginia for the Dulles Toll Road Extension to Leesburg; and and WHEREAS, The Implementation and Escrow Agreementswere signed by the Mayor on July 28, 1992; WHEREAS, The Toll Road Corporation of Virginia has proposed Amendment Number One of the Implementation and Escrow Agreements which will update the names and addresses of the parties designated to receive written communications relative to the agreements and change certain expiration dates in the Escrow Agreement; and WHEREAS, The Deputy Town Attorney has approved the legal form and content of the proposed 7/13/93 -8- amendment. THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: The Mayor is hereby authorized to sign on behalf of the Town Amendment Number One to the Implementation and Escrow Agreement with the Toll Road Corporation of Virginia in a form approved by the Town Attorney. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Nay: None Abstain: Umstattd 11. (k) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 93-137 - RESOLUTION - AWARDING A CONTRACT TO CARPENTER BROTHER S OF VIRGINIA FOR THE CONSTRUCTION OF A PICNIC SHELTER AT IDA LEE PARK WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding, of the Leesburg Purchasing Regulations for the construction of a picnic shelter at Ida Lee Park; and WHEREAS, the bids were evaluated pursuant to the bid documents, Town's Purchasing Regulations and the Virginia Public Procurement Act; and WHEREAS, Carpenter Brothers of Virginia submitted the lowest bid of $23,500.00 and has been judged to be the lowest responsive and responsible bidder: 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 of Leesburg, a lump sum contract with Carpenter Brothers of Virginia in the amount of $23,500.00. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None 11. (l) MOTION On motion of Mr. Trocino, seconded by Mr. Blake, the following resolution was proposed and adopted. 93-138 - RESOLUTION - AUTHORIZING FUNDING MECHANISM FOR LEESBURG RENAISSANCE, INC. WHEREAS, Town Council's adopted budget for fiscal year 1994 includes a $33,000 appropriation for Leesburg Renaissance, Inc., and WHEREAS, town appropriations for Renaissance during fiscal year 1993 were distributed quarterly based on certain conditions; and WHEREAS, Town Council requires that Renaissance continue to meet the following conditions: · Town funds must be matched by Renaissance. · Only 10% of matching funds may be in-kind contributions. · Town funds may not be spent for past debts. · Renaissance must accept these conditions in writing and provide monthly financial statements. · Renaissance programs must provide town-wide benefits. 7/13/93 -9- and ® Renaissance agrees not to contribute town funds to other organizations. WHEREAS, because the town's economic development operations are undergoing some evolution; WHEREA~S, the future roles of the town's Economic Development Advisory Commission and the Renaissance Board of Directors have not been crystallized. THEREFORE, RESOLVED by the Council in the Town of Leesburg as follows: SECTION I. The town manager is authorized to distribute appropriated town funds to Leesburg Renaissance, Inc. on a monthly basis subject to the conditions set forth in this resolution. SECTION II. The initialpayment is immediately authorized and subsequent payments are authorized on the first of each month until Town Council amends the approved fiscal year 1994 appropriation for Renaissance. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem Nay: Umstattd ll. (m) MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted as amended. 93-139 - RESOLUTION - ESTABLISHING A HIGHWAY CAPITAL PROJECT AND MAKING AN APPROPRIATION FOR THE EXTENSION OF CATOCTIN CIRCLE TO EDWARDS FERRY ROAD WHEREAS, Resolution 93-50, adopted on March 9, 1993 requested Virginia Department of Transportation (VDOT) funding for highway projects in Leesburg including the extension of Catoctin Circle from the existing cul-de-sac to Edwards Ferry Road, approximately 550 feet; and WHEREAS, the Catoctin Circle Extension project was added to the VDOT Six-Year Improvements Program with a design and construction budget of $400,000.00, and is scheduled for construct/on to begin during FY 1994; and WHEREAS, the town staff will administer and manage this project under the provision of the VDOT Minor Construction Project Program; and WHEREAS, the town must pay a two (2) percent share of the project cost in accordance with Section 33.1-44 of the Code of Virginia 1950, as amended; and WHEREAS, the Catoctin Circle Extension project is important in helping improve traffic flow within the town. THEREFORE, RESOLVED 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, 1994 is hereby amended to establish the Catoctin Circle Extension project with a $400,000.00 budget. $392,000.00 shall be from VDOT Urban System funds and $8,000.00 from town funds. SECTION II. An appropriation is made in the amount of $8,000.00 from the Unappropriated General Fund balance to the Highway Capital Projects Fund account #902.9203 and will remain in effect until the project is completed. SECTION III. The Catoctin Circle Extension project shall not be completed until the Edwards Ferry Road widening project is completed. DISCUSSION Mr. Webb asked if the monies allocated for this project could be used for another transportation project in the town? Mr. Brown stated that VDOT would make that decision. 7/13/93 -10- Mr. Blake stated that the Catoctin Circle extension would be another reliever of Route 7 traffic. Mayor Clem asked if the extension project could be tied in with the Edwards Ferry Road widening project? Mr. Brown stated that this is a good suggestion and would look into it. Mr. Atwell asked if truck traffic could be restricted from Edwards Ferry Road? Mr. Brown stated he would look into this. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None NEW BUSINESS 12. (a) Ms. Cassandra George, with Encore Ltd., Production and Louis Cable of LRI, addressed the Council with an update of the proposed wine festival. After some discussion this matter was referred to the special meeting of July 14, 1993, for further consideration. ~Z. (b) MOTION On motion of Mr. Trocino, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 93-140 - RESOLUTION - REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD TO ESTABLISH AN ENHANCEMENT PROJECT FOR THE IMPROVEMENTS OF A BICYCLE TRAIL THROUGH IDA LEE PARK WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received in order that the Virginia Department of Transportation can program an enhancement project in the Town of Leesburg; and WHEREAS, the Town of Leesburg requests the Commonwealth Transportation Board to establish a project for the improvement of a bicycle trail through Ida Lee Park: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg hereby agrees to pay twenty percent of the total cost for planning and design, right-of-way, and construction of this project. SECTION II. The Town of Leesburg hereby agrees to reimburse the Virginia Department of Transportation, if cancellation of the project occurs, for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. VOTE Aye: Councilmembers Atweli, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None On motion of, and duly seconded, the meeting was adjourned at 9:55 p.m. Clem, Mayor Clerk of Council 7/13/93 -11-