HomeMy Public PortalAbout1993_10_12 (2)TOWN COUNCIL MEETING MINUTES OF OCTOBER 12, 1993
A regular meeting of the Leesburg Town Council was held on October 12, 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 Ms. 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 (absent)
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Assistant Town Manager for Economic Development James E. Gahres
Director of Planning, Zoning and Development Michael Tompkins
Director of Engineering and Public Works Thomas A. Mason
Chief of Current Planning Lee Phillips
Contract Administrator R. Barry Thompson
Town Attorney George Martin
Town Clerk Barbara Messinger
Planner Gene Arner
Planning Commission members
Chairman Mervin Jackson
Dorothy Galloway
Clifton Vaughan
Gus Glikas
APPROVAL OF MINUTES
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the special meeting minutes of September 28, 1993 were
approved as written.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem
None
Councilmember Webb
The regular meeting minutes of September 28,1993 were referred back to be corrected.
MORON
On motion of Ms. Umstattd, seconded by Ms. Bange, the following proclamation was proposed and adopted.
PROCLAMATION
UNITED WAY MONTH
OCTOBER 1993
WHEREAS, the United Way Campaign is made up of 70,000 volunteers making the campaign the
community's number one voluntary effort; and
WHEREAS, over 90 cents of every dollar collected is distributed to agencies for services throughout
the community; and
WHEREAS, the UnitedWay of Loudoun Countywas formed in 1980 to assist Loudoun and Leesburg
citizens needing health and social services; and
WHEREAS, during the month of October the Loudoun United Way is carrying on its thirteenth
annual fund-raising campaign.
THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of Leesburg in
Virginia does hereby proclaim the month of October 1993 as United Way Month, and urges all citizens to give
full support to this effort.
VOTE
Nay:
Absent:
Councilmembers AtweR, Bange, Blake, Trocino, Umstattd, and Mayor Clem
None
Councilmember Webb
PETITIONERS
Ms. Ann Hart,, representing the Blueridge Antique Guide, addressed the Council announcing the Anniversary
Edition of the guide. She thanked everyone for their support and reported the guide has tripled in size.
Kathleen Hagarthy, from Ashburn, addressed the Council expressing concerns that citizens cannot afford
another government complex. She asked that the complex issue be removed from the ballot.
Henry Brown addressed the Council requesting that the Town Manager and Chief of Police enforce Section
33.1-373 of the State Code "Class I Misdemeanor". He stated a summons should be issued to developers
erecting signs within 15 feet of the public fight-of-way.
Bonnie Echols, owner of the Leesburg Antique Gallery of Shoppes, addressed the Council regarding comments
made about women. Her statement is attached and made a part of the official record.
Joe Paciulli, a resident of Leesburg, addressed the Council referencing statements and accusations made about
the County Complex issue. He also reminded Ms. Umstattd that as an elected official she is obligated to tell
the whole picture. He disagreed with her figures on rental rates and debt service.
A.C. Echols addressed the Council asking for a "NO" vote regarding the County Complex and a "YES" vote
regarding the School Bond issue. His statement is attached and made a part of the official record.
No one was present to address the Council on the Board of Zoning Appeals' update.
Terry Young, Chairman of the Parks and Recreation Advisory Commission presented the annual report to
the Council.
Mayor Clem welcomed three new businesses to the Town of Leesburg.
Ed and Elaine Whitehurst: The Kitchen Shop
Joe Bartling: Queen of Hearts Collectibles
Pete Kolofsky: The Queen's Shilling
PUBLIC HEARING to consider an amendment to the Subdivision and Land Development Regulations, to
prohibit the extension of lots into the area of a common parking court
Lee Phillips presented the staff report. Staff recommended the Council adopt legislation as drafted, and then
re-evaluate lot sizes in the Historic District.
Mark Nelis, representing the applicant, Olde Town Joint Venture, summarized the applicant's request.
Kristen Umstattd was most concerned with the townhouses not having enough parking.
Mark Nelis replied there would be 2.5 spaces per townhouse.
George Atwell asked how the applicant would address some concerns staff has raised about liability, etc.
Mark Nelis would prepare documents for review by the Town's legal counsel.
Tom Galloway spoke in favor of the Town of Leesburg ordinance to restrict the extension of lots in the
common parking court.
John Andrews, president of Andrews Community Investments, suggested a design concept putting garages and
driveways in the rear of the lots so as to preserve the streetscape in the Historic District.
Bruce Browner spoke on behalf of 7(a) and (b) to encourage the Town Council to remove some of the
ordinance restrictions that exist and encouraged residential development ia the Historic District.
Mary Anne Naper, a resident of Chesterfield Place, was concerned with the current rezoning application for
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the Dry Mill parcel. She stated it increases the density by 35% and asked that the town keep the development
at a quality level, that increasing the density to this size would be detrimental to the Historic District. Ms.
Naper asked the Council to take their time with this decision.
Mervin Jackson asked to see traffic trips per day for Mr. Andrew's project.
Ms. Umstattd asked the Planning Commission to consider whether the boundary llne of the 100 year flood
plain should be changed. She understood the argument that it should be reduced because the town's channel
improvements to the town branch have made flooding less likely but she thought the Council needed to look
into the legal possibility that homes built on what FEMA considers to be floodplain may find they have no
flood insurance that is enforceable under any insurer's policy. She thought that was a major concern because
new homeowners moving into the homes would think the homes are insurable against floods and
FEMA. Under the current administration in Washington we are apt to see environmental regulations
enforced more strictly than in the past. She asked the Planning Commission to get a legal opinion on it as
well.
Mayor Clem closed the public hearing on this item referring it to the Planning Commission meeting on
October 14, 1993 at 7 p.m.
PUBLIC HEARING to consider Rezoning Application #ZM-118 Dry Mill Manor by Olde Town Joint Venture
Gene Arner presented the staff report.
Kristen Umstattd asked if it was premature for the Town Council to agree to a rezoning before FEMA gives
their o.k.
Gene Arner answered the applicant would like to move forward.
Mayor Clem asked how sure the town is that FEMA will give approval.
Tom Mason replied staff believes FEMA will approve the request as submitted. A reply could be expected
in two to four months.
Tom Ga!lowa¥ expressed concerns with density, floodplain, and what the Historic District should be.
Mrs. Leall concurred with Mr. Galloway's comments. She has noticed standing water on the parcel and also
felt the density was too high.
Billy Fiske, a resident of Prospect Hills, felt that more building in a floodplain would cause more flooding.
He asked for more industrial and commercial development instead and recommended the Council deny the
application.
Louis LeHane, of 102 Chesterfield Place, was concerned with the floodplain in this area and the density of
104 townhouses in the Historic District.
Jack Williams, with Paciulli Simmons and the engineer for the applicant, reminded everyone the issue is an
administrative housekeeping to bring the F-1 Zoning District in line with the actual floodplain as approved
by FEMA. The application has followed the town's standards every step of the way. Now is the time to go
forward with this application.
George Atwell, speaking in reference to earlier comments made about standing water, asked Mr. Williams if
the existing floodplain line or a future change in the line would have any effect on the standing water.
Mr. Williams was not aware of any standing water but noted there are very flat areas on the parcel.
Irene Bovich felt the town has not had substantial rain to test the drainage changes on Dry Mill Road. She
asked the Council to wait before doing any rezoning.
Robert Wisemiller asked if a flood were to occur who would be responsible.
Tom Mason explained the Town of Leesburg did the construction work but the engineering that calculated
the floodplain was originally done by the developer's engineer. The town has no liability if flooding were to
occur. He stated this was a regulatory line. He defended the calulations but could not guarantee there would
never be a flood that would exceed the flood line expectations.
George Atwell asked how long it had been since the construction on Dry Mill Road had been completed.
Tom Mason replied several years ago. It was mathematically tested but has not been tested by actual rainfall.
Staff felt comfortable with the numbers but could not offer guarantees.
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Kristen Umstattd said it sounded as if what Mr. Mason was saying was that the federal guidelines are
inadequate to protect people against flooding and so are the town's guidelines, which are based on that.
Tom Mason stated that was against aH flooding.
Kristen Umstattd didn't think we should be lessening the protection at aH perhaps but certainly not before
we're certain the federal guidelines have allowed it.
Mayor Clem closed the public hearing.
Kristen Umstattd thought the Council should wait for final action from FEMA.
This item was referred to a future Planning and Zoning Committee Meeting.
COUNCILMEMBER COMMENTS
Mr. Trocino had no comment.
Ms. Umstattd introduced the following resolution.
In the interest of fair dealing and maintaining current Town tax levels, it is this 12th day of October, 1993,
resolved by the Leesburg Town Council that:
If the upcoming County Government Center bond referendum fails, the Town of Leesburg
(hereinafter "the Town") shah not condemn, or purchase, or negotiate for the purchase of, any
property in relation to a County Government Center;
If the County Bond referendum passes, the Town of Leesburg shah neither exercise its power of
eminent domain nor condemn any property in relation to a Government Center; rather the Town shah
acquire any property related to a Government Center exclusively through the process of voluntary
negotiation and purchase with the owner(s) of such property;
The Town shah cap any and aH Town expenditures in relation to a Government Center at no more
than $6 million;
°
In order that property taxes in Leesburg should remain at current levels, any Town expenditures,
including principal and interest payments on a Town Bond, in relation to a Government Center shall
be matched dollar for dollar either by cuts in other areas of the Town's budget or by the obtaining
of grants and donations from non-Town sources;
Any bond to be issued by the Town in relation to a Government Center shah be placed before the
voters of the Town in a referendum. Should such a Town referendum on a bond fail, the Town shall
withdraw any and aH offers made to the County to expend Town funds in relation to a Government
Center, unless the Town can demonstrate that dollar for dollar offsetting cuts can be made in the
Town's budget to subsidize the Government Center without imposing a tax rate increase on Town
taxpayers;
°
Any bond the Town puts to referendum in relation to a Government Center shah state on the ballot,
in addition to a principal amount, a maximum interest rate of 5.37%. If interest rates are in excess
of 5.37%, the town shall not issue the bonds;
Should the County bond referendum pass, any and aH infrastructure costs, including the cost of road
improvements related to the Government Center shah be paid for by the County. The County shall
be required to reimburse the Town for the maintenance of aH roads serving the Government Center
for 20 years from the date of the referendum;
8. The Town shah do nothing to jeopardize or postpone its future rights to apply for city status;
This resolution and every element in it shah be binding on and non-rescindable by the Town of
Leesburg and this Council during its current term and by subsequent Councils. Neither this Council
nor any subsequent Council may alter; amend, or repeal this resolution. All past resolutions or parts
thereof in conflict with this resolution are hereby repealed and rescinded. This resolution shah be
presented to the Board of Supervisors.
Ms. Umstattd stated this resolution has the advantage of maintaining our current tax rate in the town, and
of dealing fairly with property owners who fear condemnation below the assessed market value of their
properties. It also has the advantage of fair dealing with citizens of the Town by requiring a voter referendum
on any town bond for this complex and it has the advantage of being non-rescindable.
Mr. Blake had no comment.
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Mr. Atwell thought the word "Nay Sayer' was a perfectly legitimateword. His definition is "one who says no".
He admitted he was the first person to use that terminology in being quoted in the paper as saying that the
nay sayers were not obligated to speak the truth and he said that not to any specific individual, but to anyone
to whom that definition and comment applied.
In reference to the situation involving the County Complex, Mr. Atwell could only state what his personal
feelings were at that moment. He knew what the offer was and supported the offer the Council made to the
County. At this point he still supported the offer. When the County made their decision to build the
Complex in the County Square it appeared to Mr. Atwell that some things reported in the paper were in the
form of a counter offer. Mr. Atwell had seen nothing in writing from the County Board of Supervisors as to
what specifically that counter offer had been. He found it difficult to address the issues, such as the properties
on North Street,and the location of the parking.
Mr. Atwell announced he would be addressing a group of people next week regarding the location of the
County Complex and was uncomfortable about it because he would be expected to express his opinions of
which conflict with opinions of other councilmembers. He reminded everyone of his challange to come
together to discuss the issues and also to remove personalities from the County Complex issue. This Council
needs to address the issues at hand. He felt Ms. Umstattd's resolution was not the answer to the problems
though there were valid points raised in it. Mr. Atwell asked the Board of Supervisors and the Town Council
to come together to see factual information and have an agreement of the minds before any more debate.
He hoped that in two weeks the Council could move forward and have information that the Council would
feel comfortable supporting.
Ms. Bange welcomed the three new businesses introduced by the Mayor as well as the 11 others mentioned
in the Activity Report.
She also reported on the Parks and Recreation meeting held on Saturday. She commended the members for
their dedication.
Ms. Bange attended the Northern Virginia Criminal Justice Academy opening in Ashburn fiats.
MAYOR'S REPORT
Mayor Clem asked Steve Brown to contact the County Board of Supervisors to schedule a meeting on October
13, 1993 regarding the County Complex.
He mentioned the groundbreaking for the Dulles Greenway and wished them well.
MANAGER'S REPORT
Steve Brown highlighted the Activity Report.
He thanked Terry Young for his kind remarks.
Mr. Brown agreed with Mr. Atwell and Mr. Echols to remove personalities from the County Complex issue
and offered his office to discuss with anyone the facts related to the referendum.
Mr. Blake understood that at the time of the Air Show someone gave the Civil Air Patrol an airplane that is
now based at Leesburg Airport. He questioned if that was true.
Mr. Brown confirmed that an aircraft was delivered that day and is based at Leesburg Airport.
Mr. Clem asked Steve Brown to get the details.
Mr. Blake felt it was important that the fact be made public that it has been done. As an act of appreciation,
he felt it should be mentioned in the Council minutes.
LEGISLATION
ll.(a)
On motion of Mr. Atwell, seconded by Ms. Umstattd, the following ordinance was presented and adopted.
93-0-36 - AN ORD INANCE:AMENDINGCHAPTER 8 OF THE LEESBURG TOWN CODE TO EXPAND
THE CATEGORY OF RECYCLABLE MATERIALS AND TO PROVIDE FOR AND
ESTABLISH A CHARGE FOR THE COLLECTION OF TREE TRIMMINGS, BUSHES, AND
BRUSH OVER 3" IN DIAMETER BUT LESS THAN 6" IN DIAMETER
WHEREAS, The Town of Leesburg is required under the 1950 Code of Virginia, as amended, to
achieve a recycling rate of 15 percent by December 31, 1993, and a recycling rate of 25 percent by December
10/12/93 -5-
31, 1995; and
WHEREAS, the town can make a significant contribution toward achieving its recycling objectives
and can improve the level of service provided to town residents by providing for the collection and recycling
of tree trimmings, bushes, and brush up to 3" in diameter; and
WHEREAS, the town refuse collection contractor has advised the town that tree trimmings, bushes,
and brush up to 3" in diameter can be collected at no additional cost under its current contract with the town
if such material is securely tied in bundles not exceeding 4 feet in length and 18 inches in diameter weighing
a maximum of 75 pounds; and
WHEREAS, the town desires to provide for the collection of bulk unbundled tree trimmings, bushes,
and brush up to 6 inches in diameter; and
WHEREAS, the town has established a fee for the collection of bulk unbundled tree trimmings,
bushes, and brush up to 6 inches in diameter; and
WHEREAS, the town recognizes that the costs to the town refuse collection contractor may exceed
the established fee for the collection of bulk unbundled tree trimmings, bushes, and brush up to 6 inches in
diameter, but desires to provide this service to its citizens at a reasonable fee; and
WHEREAS, the town has provided that the refuse collection contractor may charge the town its
expenses excess of the established fee for the collection of bulk unbundled tree trimmings, bushes, and brush
up to 6" in diameter, and that the town will subsidize such costs in providing this service to its residents.
THEREFORE, ORDAINED by the Council of the Town of Leesburg, as follows:
SECTION I. Sec. 8-1. Purpose of chapter.
The purpose of this chapter is to provide regulations for the effective storage, collection, recycling,
and disposal of garbage and refuse in a sanitary manner in the town.
SECTION II. Sec. 8-2. Administration of chapter.
,'ac municipal manager is hereby delegated the authority to administer this chapter and is authorized
to establish such reasonable rules and regulations as are needed to administer this chapter.
SECTION III. Sec. 8-4. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Garbage: Wastes resulting from the handling, preparation, cooking and consumption of food
and wastes from the handling, storage and sale of produce.
Municipal collectors: Persons employed by the town, or the contracted agent for the town,
engaged in the collection and transportation of refuse, garbage, and recyclable materials.
Private collectors: Persons engaged in the collection and transportation of refuse and garbage
from commercial, industrial, institutional or other establishments for compensation, not
including the collector contracted by the town.
Recyclable Material: Those commodities which, having served their original purpose, have
physical or chemical properties that allow them to be transformed into new products, and are
designated by the town to be separated and collected on a schedule as designated by the
town.
Refuse: Combustible trash, including, but not limited to, paper, cartons, boxes, barrels, wood,
excelsior, tree branches and yard trimmings; noncombustible trash, including, but not limited
to, metals, tin cans, glass, crockery and other mineral waste; and street rubbish, including but
not limited to, street sweepings, dirt, leaves, catch-basin dirt and the contents of litter
receptacles. "Refuse" shah also mean furniture, springs, mattresses, stoves, ranges,
refrigerators, dishwashers, dryers, tires, water heaters, toys, porcelain, carpeting tied in
bundles of not more than three square feet cross-sectional area, whole christmas trees and
similar household commercial and institutional wastes. "Refuse" shah not include earth and
wastes from building operations, nor shah it include solid wastes resulting from industrial
processes and manufacturing operations.
Storage area: An enclosed area on private property of a commercial, industrial, institutional
or other establishment used for the storage of garbage or refuse.
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SECTION IV. Sec. 8-5. Container requirements for residences.
(a) Refuse and garbage from residences shall be stored in containers approved by the
municipal manager eqnippedwith handles and tight-fitting covers. Non-recyclable refuse may
be placed in plastic bags.
(b) Approved containers required by this section shall have a maximum gross weight of 75
pounds, when placed for collection. Plastic bags, when placed for collection, shah not be
filled to such a weight that they will break or allow spillage during the collection process, and
shall be tightly secured at the top.
SECTION V. Sec. 8-10. Reserved.
SECTION VI. Sec. 8-11. Preparation of tree trimmings, bushes and brush for collection.
Tree trimmings, excluding those produced by commercial trimming of trees and bushes, and limited
to that which can be recycled, with a maximum diameter of oa~-a~-osl~a~ three inches, and bushes and
rush will be picked up by the municipal collectors, provided they are tied securely in bundles of not more than
18" in diameter and four feet in length, and 75 pounds in weight.
SECTION VII. Sec. 8-12. Collection schedule.
(a) Refuse and garbage will be collected by the municipality once per week from residential
properties on the following schedule:
(1) Monday: Collection from residentialproperties fronting on King Street and
properties to the west of King Street.
(2) Tuesday: Collection from residential properties to the east of King Street.
(b) Recyclable materials will be collected by the municipality once per week from residential
properties on the following schedule:
(1) Thursday: Collection from residential properties fronting on King Street
and properties to the west of King Street.
(2) Friday: Collection from residential properties to the east of King Street.
(c) Garbage and refuse will be collected by the municipality from all commercial properties on
Tuesday, Thursday and Saturday of each week.
(d) No garbage and refuse collection will be scheduled for Sundays or the following holidays: New
Years, Memorial Day, July 4th, Thanksgiving and Christmas.
(e) When weather conditions prevent the collection of garbage and refuse or when a regularly
scheduled day falls on a holiday specified above, collection will be made on the next day.
SECTION VIII. See. 8-13. Special collections for large items, and bullq unbundled tree trimming,
bushes, and brush.
For collection of, large items of refuse such as barrels, wood, stoves, ranges, refrigerators, dishwashers,
dryers, tires and water hcaters~; and bulk, unbundled tree trimmings, bushes, and brush up to 15 inches in
diameter excluding any items listed under Section 18 hereof, the municipal office shall be notified no later
than 4:00 p.m. on Friday of each week, so that a special pickup may be arranged for a day of the following
week to be designated by the manager. A separate charge, to be established by the municipal manager, will
be made for each such special collection, provided that regular refuse collection service to any residence or
commercial establishment for which such special collection is performed will be suspended if payment therefor
is not made within 30 days of receipt of invoice for such collection.
SECTION IX. Sec. 8-14. Special collections for spring and fall clean-up.
In the spring and fall of each year, the municipality will sponsor a clean-up and collection period
during which large discarded items, yard litter, and the like will be picked up by the municipal collectors.
Specific dates for such periods shall be set by the municipal manager and advertised through the news media.
No charge will be rendered for this service to residents of the municipality.
SECTION X. Sec. 8-15. Recycling.
Residents of all single-family detached and single-family attached (duplex and townhouse) residential
10/12/93 -7-
units shall participate in the town-wide curbside recycling of recyclable materials. Recyclable materials will
be picked up at curbside and shall be placed at the curb, between 4 p.m. on the day preceding collection and
6 a.m. on the morning of collection, in approved containers, separate from other refuse. Newspapers shall
be securely tied in bundles or placed in paper bags. Grass clippings shall be placed in approved containers
equipped with handles for lifting and tightly-fitting lids, not exceeding 75 pounds in gross weight.
There shall be no charge to the town residents required to participate in this program, for this
additional service. All other town residents and businesses, not included in this program or covered under
a separate recycling contract with a private collector, should continue to utilize recycling drop-off centers to
dispose of recyclable materials.
SECTION XI.-This ordinance shall be effective ~pr-il-h4g~ upon its passage.
DISCUSSION
Mr. Clem had a problem with the bundling of brush. He was convinced that as easy as brush could be
bundled up and thrown in the back of a packer the brush could be chipped up and cleaned up in a hurry.
There is brush lying around Town that is unsatisfactory to Mr. Clem. He questioned why the chipper could
not go around and clean it up - once and for all. Mr. Clem also asked why this could not be included in the
contract.
Ms. Umstattd recalled this to be the least expensive option to taxpayers when the Committee was discussing
the refuse contract. It was also negotiated with Mr. Grayson and he was satisfied with it. She thought staff's
recommendation came because of those two things. Other options including the use of a chipper would have
resulted in considerable costs to the town.
Mr. Blake realized the Town has its own chipper and could not concieve why it was sitting around rusting
when it could be used for something of this nature.
Mr. Clem stated he has listened to statements and has received reports about complaints of which very few
are showing up on that list. Someone is not logging these calls. Mr. Clem said he knows the women are
getting the calls. He didn't care how it was done, but he wanted the trash cleaned up.
Barry Thompson made two points. The first being Grayson's does not own a chipper and second that brush
put out mixed with honeysuckle and vines tangle up a chipper. He offered to have the town take its chipper
around and pick up the few remaining piles.
Mr. Clem offered to run the chipper himself. He wanted it cleaned up.
Mr. Brown felt the Fall Clean-Up would take care of those items. But the other concern expressed to him
was that if the town does pick this brush up the next person will expect the same. Mr. Brown mentioned this
was one of alternatives but it was going to be at a cost of $55,000.
Mr. Clem mentioned the opportunity to work with the Loudoun County Sheriff's work release program.
Mr. Brown assured Mr. Clem the matter would be taken care of. Mr. Brown did suggest the citizens
receiving this pick-up also be notified this is a one time pick-up.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd
Nay: Mayor Clem
Absent: Councilmember Webb
11.(b)
MOTION
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following ordinance was proposed and adopted.
93-0-37 - AN ORDINANCE: AMENDING SECTION 10-131 OF THE TOWN CODE TO AUTHORIZE
A CHANGE IN THE SPEED LIMIT ON TOLBERT LANE FROM
EVERGREEN MILL ROAD TO SYCOLIN ROAD, AND BATILEFIELD
PARKWAY FROM ROWI~ 15 BUSINESS TO SMARTr's LANE
WHEREAS, construction of the Dulles Toll Road Extension has taken place and work will begin soon
on the bridge at Tolbert Lane; and
WHEREAS, during construction of the bridge traffic will be diverted on a temporary detour road
which is designed for 37 mph; and
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WHEREAS, Tolbert Lane bridge will be engineeredwith a design speed of 45 mph due to geometric
constraints; and
WHEREAS, the speed limit on Tolbert Lane should be lowered from 45 mph to 35 mph from
Evergreen Mill Road to Sycolin Road; and
WHEREAS, Battlefield Parkway from Route 15 Business to Smartt's Lane has been completed and
accepted into the town's system of roads; and
WHEREAS, Battlefield Parkway is classified as a minor arterial and designed for 45 mph; and
WHEREAS, a recent speed study on two sections of Battlefield Parkway has indicated that 85% of
the vehicles are travelling at 37 mph or less; and
WHEREAS, the speed limit on BattlefieldParkway should be increased from 25 mph to 35 mph from
Route 15 Business to Smartt's Lane; and
WHEREAS, the speed limit on Battlefield Parkway will be effective seven days after the traffic signal
at Route 15 Bypass and Battlefield Parkway is in operation.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nla as follows:
SECTION I.Section 10-131 of the Town Code is amended to read as follows:
Section 10-131. Speed Limits
The maximum speed limits on streets within the town shah be 25 mph, or as prescribed in
this section, and no person shah drive a motor vehicle in excess of such maximum limits.
Upon the following street within the town, between the points hereinafter indicated, the
maximum speed limit shah be the speed hereinafter indicated and no person shah drive a
motor vehicle between such points in excess of such maximum speed limit:
(1) King Street: 45 mph from BaHs Bluff Road to 450 feet
north of Ida Lee Drive.
(2) King Street: 35 mph from First Street to 300 feet south of
Country Club Drive.
(3) King Street: 45 mph from 300 feet south of Country Club
Drive to the south corporate limits.
(4) Edwards Ferry Road: 35 mph from 2230 feet east of the
Route 15 Bypass to the east corporate limits.
(5) Market Street: 55 mph from the east corporate limits to
320 feet east of Cardinal Park Drive.
(6) Market Street: 45 mph from 320 feet east of Cardinal Park
Drive to Route 15 Bypass (north entrance).
(7) Market Street: 35 mph from Route 15 Bypass (north
entrance) to 1000 feet east of Fort Evans Road.
(8) Evergreen Mill Road: 35 mph.
(9) Masons Lane: 35 mph from South King Street to
Evergreen Mill Road.
(10) Tolbert Lane: 35 mph from Evergreen Mill Road to !o~n0~
~o~ o~o~ ,.~ ~ ........ xsm o~,~,~ ;n, ..... *;"" S¥colin Road.
(11) Tolbert Lane: 45 mph from 1000 feet east of Evergreen
Miff Road intersection to Sycolin Road.
(12)Lawson Road: 35 mph from Sycolin Road to 1200 feet
east of Sycolin Road.
(13) Sycolin Road: 45 mph from the Route 15 Bypass to the
south corporate limits.
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(14) Route 7 Bypass: 55 mph exclusive of access ramps.
(15) Route 15 and Route 7 Bypass: 55 mph exclusive of access
ramps.
(16) Route 15 Bypass: 55 mph exclusive of access ramps.
(17) Catoctin Circle: 30 mph from Children's Center Road to
West Market Street.
(18) Battlefield Parkway: 35 mph from Route 15 Business to Smartt's Lane.
SECTION II. The Manager shall clearly indicate by markers or signs the maximum speed limits
established by this ordinance.
SECTION III. This ordinance shall be effective October 20, 1993 and upon the placement of
appropriate signs and markers indicating the maximum speed limits established herein with the exception of
the speed limit for Battlefield Parkway which will be effective seven days after the traffic signal at Route 15
Bypass and Battlefield Parkway is in operation.
SECTION III. All prior ordinance and resolutions in conflict herewith are repealed.
DISCUSSION
Mr. Blake felt Council should not change the speed limit on Tolbert Lane when construction will slow the
traffic.
Mr. Mason noted the speed limit change on Tolbert Lane is a permanent change and offered further
explanation.
VOTE
Aye: Councilmember Atwell, Bange, Trocino, Umstattd, and Mayor Clem
Nay: Councilmember Blake
Absent: Councilmember Webb
11.(c)
MOTION
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following ordinance was proposed and adopted.
93-0-38 - AN ORDINANCE:AMENDING CHAPTER 5.2, SECTION 5.2-1 OF THE TOWN CODE
REGARDING ECONOMIC DEVELOPMENT
WHEREAS, on September 7, 1993, Leesburg Renaissance and the town's Economic Development
Advisory Commission submitted to the Town Council, for consideration, proposed amendments to Chapter
5.2 of the Town Code regarding the Economic Development Advisory Commission; and
WHEREAS, the proposed amendments to Chapter 5.2, Article I, Section 5.2-1 along with changes
suggested by the Assistant Town Manager for Economic Development were referred to the full Council for
consideration and adoption.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Article I, Section 5.2-1 is hereby amended as follows:
ARTICLE I. ECONOMIC DEVELOPMENT AD .x~__e@¥__v CO~E COMMISSION
Sec. 5.2-1. Commission established; preamble; mission; general composition; meetings.
(a) Preamble: The town's economic development program, coordinated in a dynamic and timely
manner, should be championed by all participants to promote the balanced growth of the Greater Leesburg
Area.
(b) Mission: The Leesburg Economic Development Commission is hereby established and appointed
by the Leesburg Town Council to ensure the economic vitality and stability of the Town of Leesburg.
The Commission's goal will be to maintain and enhance Leesburg's competitive position in the
Greater Washington Metropolitan Area.
10/12/93 -10-
The Commission will accomplish this goal bY recommending and implementing a comprehensive,
economic development plan, subiect to Council approval, to retain/expand existing businesses, attract/recruit
desirable new businesses and enhance economic activities that will benefit the businesses and residents of thc
Greater Leesbur~ Area.
(c) The Leesburg Economic Development A~dse.~' Ce-~m~tt:: Commission is hereby established.
The ~ Commission shall consist of l~ 7_ members who shall either be residents of the Town, Town
property owners, business owners or anyone employed in the Town. One of the members shall be a member
of the Council, appointed by the Council, whose term of office shall correspond to his offidal tenure of office
as a Councilmember. The Councilmember shall be a non-voting member of the Commi~ion. However in
the case of a tie vote the Councilmember shall cast the tie breaking vote. The remaining six voting members
shall be appointed by Council and shall consist of a broad segment of the community Members shall serve
terms of two years beginning on July first of the year of appointment, but no more than three consecutive
~a,,,:.;~,..,;~,. 'r~ .....;-;-,, ~ ,..~,.~, .... ~'"" ~'~ ~.~f.-e!"_ted by the r,,,,.,o:~ The Mayor of Leesbur~ a
Leesburg Planning Commission member, a Leesburg Parks and Recreation Advisory Commi~ion member and
the Assistant Town Manager for Economic Development shall be appointed by the Council as ex-officio (non
voting) members of the Commission.
(d) Meetings: The Ce~__~2ttee Commission shall elect its chairperson and vice-chairperson annually
and the Assistant Town Manager for Economic Development ~ edmim'stra!ien shall serve as secretary. The
~ Commission shall meet monthly or more often as determined by the ~ Commission. The
Chairperson ~ shall report any quarterly any attendance ~ matters to the Town Council,
who which has the authority to ..................... .~q,,; ...... ~,o., .... ;,.,~,_ ................... ;~ ~,,, o~;a ,..,~.,t,,,~ ;~ remove said member absent
from three consecutive monthly meetings.
SECTION II. This ordinance shall become effective upon its passage.
VOTE
Nay:
Absent:
Councilmember Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem
None
Councilmember Webb
This item was referred to the October 14, 1993, Planning Commission meeting.
ll.(e).(f),
MOTION
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolutions were proposed as consent
items and adopted.
93-194 - A RESOLUTION:AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
EXETER SECIlON 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 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 in the amount of $429,006.00 from the American Motorists
Insurance Company was provided by the developer to guarantee the installation of public improvements for
Exeter Section 5; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of $429,006.00
to guarantee installation of the remaining public improvements for 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 II. The corporate surety bond from the American Motorists Insurance Company in the
amount of $429,006.00 is approved to guarantee the installation of public improvements for Exeter Section
5.
10/12/93 - 11 -
93-195 - A RESOLUTION - INITIATING AMENDMENTS TO THE SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, SECTIONS 13-54, 13-57, 13-62, 13-66,13-67, AND 13-
70~
WHEREAS, the Planning Commission has requested that the Town Council consider amendments
to the Subdivision and Land Development Regulations to address the processing of requests to extend the
approval of preliminary subdivision plats, and preliminary development plans; and
WHEREAS, the Planning Commission believes a review fee should be established for processing such
extension requests; and
WHEREAS, the Planning Commission believes a limit should be placed on the number of extensions
that a preliminary approval can be granted; and
WHEREAS, the Planning Commission believes an administrative approval process for granting
extensions of preliminary approvals should be established for certain circumstances;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An amendment to Sections 13-54, 13-57, 13-62, 13-66, 13-67, and 13-70 is hereby initiated, said amendment
to read as shown on the attached draft ordinance dated August 27, 1993.
93-196 - A RESOLUTION - APPROVING THE RELOCATION OF VARIOUS EASEMENTS WITHIN
SECTION 6 OF THE EXETER SUBDIVISION
WHEREAS, Pulte Home Corporation, the owner of lots 375-378, 385,406, and parcel 'S', has
requested that portions of the sanitary sewer, waterline, storm drainage, and T.E.C. easements be vacated as
shown on Plat #RPA-194-LC, prepared by Dewberry and Davis; and
WHEREAS, the alignments of the easements referenced above have been revised due to adjustments
of the boundary lines of lots 375-378, and 385-406; and
WHEREAS, portions of the existing easemnets are no longer necessary due to the realignments of
those easements:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The vacation of the sanitary sewer, waterline, storm drainage, and T.E.C. easements as shown on Plat #RPA-
194-LC prepared by Dewberry and Davis, dated August 11, 1993, is hereby approved conditioned upon the
recordation of the boundary line adjustments for lots 375-378, 385-406.
VOTE
Aye: Councilmember Atweil, Bange, Blake, Trocino, Umstattd, and Mayor Clem
Nay: None
Absent: Councilmember Webb
ll.(h)
MOTION
On motion by Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
93-197 - A RESOLUTION: AUTHORIZING A CONTRACT FOR WATER TREATMENT PLANT
SLUDGE REMOVAL
WHEREAS, the FY 93 budget includes an appropriation in the amount of $20,000.00 for contractual
sludge removal and disposal at the Water Treatment Plant; and
WHEREAS, this project was duly advertised September 24, 1993 and sealed bids were received on
October 1, 1993, pursuant to the town's Purchasing Policy and state purchasing laws; and
WHEREAS, the apparent low bidder, S & ME, Inc., from Greensboro, N.C., did submit a responsive
bid in the amount of $15,700.00 and a determination has been made, based on their qualifications and
references, that the bidder is responsible;
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is hereby authorized and directed to execute a contract on behalf of the town with S
& ME, Inc., in the amount of $15,700.00 in a form approved by the town attorney, for removal and disposal
of sludge at the Water Treatment Plant.
VOTE
10/12/93 -12-
VOTE
Aye: Councilmember Atwell, Bange, Blake, Trocino, Umstattd, and Mayor Clem
Nay: None
Absent: Councilmember Webb
NEW BUSINESS
MOTION
A motion was made by Ms. Umstattd to adopt her resolution as previously read.
The motion failed for lack of a second.
MOTION
On motion of, and duly seconded, the meeting was adjourned at 10:50 p.m.
Clerk of CouncilT ~
James E. Clem, Mayor
10/12/93 -13-