Loading...
HomeMy Public PortalAbout1994_02_08377 TOWN COUNCIL MEETING MINUTES OF FEBRUARY 8, 1994 A regular meeting of the Leesburg Town Council was held on February 8, 1994, 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 Bange. SALUTE TO THE FLAG was led by Weebelo Pack Number 954 Weebelo Pack 954 invited the Town Council to attend the Blue/Gold dinner on February 18, 1994, 6:30 p.m. at the National Guard Armory. 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 Public Information Officer Susan Farmer Town Clerk Barbara Messinger Parks Coordinator John Johnston Director of Parks and Recreation Gary Huff APPROVAL OFMINUTES On motion of Mr. Webb, seconded by Ms. Umstattd, the special meeting minutes of January 11, 1994, February 1, 1994, February 2, 1994 and the regular meeting minutes of January 25, 1994 were approved as written. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmembers Atwell, Bange (special meeting minutes of February 2, 1994) PETITIONERS Hubbard Turner addressed the Town Council regarding blasting in the Town of Leesburg. His statement is made a part of the official record. Mr. Turner encouraged stricter regulations on blasting. He supported Town and County coordination and urged the town to consider 'doing it's own thing.~ Mr. Turner also suggested Town staff and the Fire Marshall meet to discuss this issue. Jeff Fli_ooo, representing the Loudoun County Fire Marshal's office, identified the County's process regarding blasting. He suggested meeting with Mr. Brown and Mr. Mason to develop a process before blasting permits are issued, to determine what can and cannot be done with each particular site. Mayor Clem stated that safety cannot be compromised. He concurred with Mr. Flippo's suggestion and asked that staff report back to the Town Council. Mr. Atwell stated that it chagrined him that one would have to go through the Freedom of Information Act to obtain information on something as potentially dangerous as a blasting permit that has been i~qued to a contractor. On the other hand, permits need to be issued in a timely manner so as not to delay the removal of unexpected rock but at the same time not compromise public safety. Ms. Umstattd asked Chief Flippo who would most effectively notify citizens of blasting. Chief Flippo responded that the blasting company or the developer would give notification. Mr. Turner asked that more information be disclosed on the blasting reports which are made available to the public. COUNCILMEMBER COMMENTS 378 Mr. Trocino made no comment. Ms. Umstattd reported that Senator Waddell and Delegate Minas were co-sponsoring legislation to support citizen initiative and referendum. She requested this issue be discussed at the February 15, 1994 Administration and Public Works Committee Meeting. She also reported that Supervisor Scaggs received a letter from a Leesburg real estate broker on February 3, 1994 regarding the county complex. Ms. Umstattd quoted from the letter, *the town will assist in the county complex issue in the areas of financing and road issues." She stated these issues had been or are being thoroughly investigated by the town in order to motivate the county to stay in Leesburg. She expressed concern that the real estate community is in the position where they now believe the town has decided that it will assist with financing a county complex and building roads to service such a complex. She hoped if anyone was indicating to the brokerage community that the town has already decided to do so that it will no longer be the case. She is opposed to the town subsidizing the county complex as she has been consistently. She stated the brokerage community believes a decision has been made when in fact the Council has not voted on anything since the county complex went down in flames in the November referendum. Mr. Blake recently talked with the Food Lion Superintendent who was very complimentary of the Town's staff. He commented on Cablevision bills recently mailed to citizens which indicate a "past due" notice even though the bills were mailed after the due date. Mr. Atwell stated it was an error on the bill preparer's part. Mr. Webb stated the incorrect cable bills were due to computer error and would be the topic of the next Cable Commission meeting. Mr. Webb referenced Senate Joint Resolution No. 115 and pointed out that the bill Senator Waddell introduced into the Virginia General Assembly was not the same bill that the Board of Supervisors and Town Council endorsed. Mr. Webb announced there would be Council representation in Richmond next week to speak with the Senator and to address the General Assembly pertaining to the issue if necessary. Mr. Webb spoke in reference to vehicles speeding and running red lights at the intersection of Sycolin Road and the Route 15 bypass. He requested that town police increase surveillance and asked that VDOT be contacted to request reduced speed limits. He also asked if it were possible to ask the state to reduce the speed limit for tractor trailers. Mr. Atwell complimented the Police Department on their Annual Report saying it was very well done and the statistics were encouraging. Mr. Atwell was absolutely opposed to the initiative and referendum issue because he thought it was a negation or abandonment of the rights and obligations and responsibilitiesof elected officials to put this back onto the public to bring these things forward. He considered one of the most damaging aspects of the bill was that it gave this to regional government, of which the town is a small part, and would continually be outvoted should this be in effect in Northern Virginia. Mr. Atwell stated he would vigorously work to oppose it at every level and every opportunity. Ms. Ban~e agreed with Mr. Atwell regarding the initiative and referendum issue, but did not object to the issue coming before the committee for discussion. She congratulated Weebelo Pack Number 954 for their presentation of the colors and the Pledge of Allegiance. Ms. Bange also congratulated Martha Lynch for her work and contributions to the town and county. MAYOWS REPORT Mayor Clem echoed Ms. Bange's remarks regarding the Weebelo Pack 954 and wished them well. He congratulated the Leesburg Police Department on their annual report. He agreed that crime has gone down in some areas and up in others. Mayor Clem encouraged cooperating with the county to retain the county government. He did not feel it was out of order to make a statement to the press offering possibility of assistance from the town for road repairs, should the county elect to use the airpark site. He went on to say that the Town was not subsidizing anything for the county. He expressed the importance of keeping the County Government offices and the Loudoun Hospital Center in the Town of Leesburg and encouraged the Council to work hard to keep these two large employers in the Town. 2/8/94 -2- 379 MANAGER'S REPORT Mr. Brown congratulated the Police Department on their Annual Report. He noted the crime rate in Leesburg had come down for the 2nd year in a row. He pointed out that the Town of Leesburg is on the cover of the new Loudoun Handbook and that the publication includes a letter from the Mayor welcoming tourists and new comers. Mr. Brown thanked Susan Farmer for her work on the publication and also on the new town street map. Mr. Atwell attended the DARE graduation program at Catoctin Elementary School on February 7, 1994. He supported the continuation and funding of the DARE Program. LEGISLATION 9.(a) This item was referred back to the Administration and Public Works meeting of February 15, 1994. 9.(b.c.d.~.£z.h,i) MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolutions were proposed as consent and adopted. 94-20 - A RESOLUTION: AUTHORIZING A NOTICE OF PUBLIC HEARING FOR A SPECIAL EXCEPTION APPLICATION #SE-93-05 BY DENNIS SPENCER RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows: A notice of Public Hearing to consider special exception application #SE-93-05 by Dennis Spencer shall be published in the Leesburg Today on March 9, 1994 and March 16, 1994 for public hearing on Tuesday March 22, 1994 in the Council Chambers of the Government Center at 25 West Market Street, Leesburg, Virginia 22075. 94-21 - A RESOLUTION: AUTHORIZING THE CLOSING OF MARKET STREET BETWEEN CHURCH AND WIRT STREETS AND KING STREET BETWEEN CORNWALL AND LOUDOUN STREETS AND THE MARKET STREET EXIT AND ENTRANCE TO THE PARK AND SHOP GARAGE. WHEREAS, one of the objectives of the Parks and Recreation Department is to sponsor special events to assist in meeting leisure, tourism, and economic needs of the Town of Leesbur~, and WHEREAS, the Parks and Recreation Department has planned a Flower and Garden Festival for downtown Leesburg which will transform King Street and Market Street into four city blocks of botanical landscaped gardens and related retail vendors; and WHEREAS, last year's event succeeded in attracting over 20,000 visitors to downtown Leesburg; and WHEREAS, the event requires the closing of Market Street between Church and Wirt Streets and King Street between Cornwall and Loudoun Streets as well as the Market Street exit and entrance to the Park and Shop garage. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Authorization is hereby granted to close Market Street between Church and Wirt Streets and King Street between Coruwali and Loudoun Streets as well as Market Street exit and entrance to the Park and Shop garage from 9:00 p.m. Friday, April 22, until 9:00 p.m. Sunday, April 24, 1994. 94-22 - A RESOLUTION: AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 11 WHEREAS, Globe USA, Inc., the developer of Exeter Section 11, 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 $1,219,000.00 from the District of Columbia Ri~s 2/8/94 -3- 380 National Bank confirmed by Riggs National Bank of Virginia was provided by the developer to guarantee the installation of public improvements for Exeter Section 11; and 'iYHEREA~, the Director of Engineeringand Public Works has approved the amount of $1,219,000.00 to guarantee installation of the remaining public improvements for Exeter Section 11. 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 11. SECTION II. The letter of credit from the District of Columbia Riggs National Bank confmned by Riggs National Bank of Vir~nia in the amount of $1,219,000.00 is approved to guarantee the installation of public improvements for Exeter Section 11. 94-23 - A RESOLUTION:AUTHORIZING A TIME EXTENSION FOR INSTAI.IATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR STONEGATE PHASE 1 SECTION 1 WHEREAS, Trafalgar House, the developer of Stonegate Phase 1 Section 1, 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 $264,400.00 from the American Home Assurance Company was provided by the developer to guarantee the installation of public improvements for Stonegate Phase 1 Section 1; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $264,400.00 to guarantee installation of the remaining public improvements for Stonegate Phase 1 Section 1. 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 Stonegate Phase 1 Section 1. SECTION II. The corporate surety bond from the American Home Assurance Company in the amount of $264,400.00 is approved to guarantee the installation of public improvements for Stonegate Phase 1 Section 1. 94-24 - A RESOLUTION: AUTHORIZING AN ADDITIONAL TIME EXTENSION FOR EXECUTION OF AN AGREEMENT AND PROVIDING A PERFORMANCE GUARANTEE FOR THE PUBLIC IMPROVEMENTS IN THE STAR PONTIAC VEHICLE STORAGE FACILITY WHEREAS, a gravel vehicle storage facility was created over five years ago without benefit of an approved development plan as required by the town's Subdivision and Land Development Regulations and Zoning Ordinance; and WHEREAS, subsequently a development plan was submitted and approved by the Planning Commission; and WHEREAS, the Council by Resolution No. 89-231 authorized an agreement and performance guarantee in the amount of $80,250.00 for public improvements associated with the development plan; and WHEREAS, a phasing plan was approved which limits the area for vehicle storage, provides the installation of substantial landscaping to screen the lot from adjacent residentialproperty and creates a swale to improve drainage in the area; and WHEREAS, the Council by Resolution No. 90-192 approved the phasing plan and a performance guarantee in the amount of $21,000.00 to guarantee the installation of the landscaping and swale; and WHEREAS, the owner provided a letter of credit from Farmers and Merchants National Bank in the amount of $21,000.00 for Phase I to guarantee the installation of Phase I improvements; and and WHEREAS, the installation of the landscaping, fence and swale has been completed and approved; WHEREAS, pursuant to Council Re~olution No. 90-123 adopted July 25,1990 the owner was r©quircd 2/8/94 -4- 381 to enter into an agreement to complete all public improvements and provide the $80,250.00 performance guarantee approved by Resolution No. 89-231 on or before January 25, 1991; and WHEREAS, because of economic conditions, the Town Council adopted Resolutions 91-38, 92-53 and 93-26 authorizing time extensions to January 25, 1994; and WHEREAS, the additional Inndscaping required by Council Resolution 92-53 to be installed adjacent the I .ininger property was completed; and WHEREAS, the owner has requested an additional two year time extension becanse of poor economic conditions. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A two year time extension for execution of the contract for installation of public improvements (PC-2) and approving the performance guarantee is hereby approved. Therefore, on or before January 25, 1996, the owner shall be required to enter into the agreement and provide the performance guarantee as authorized pursuant to Resolution No. 89-231 or remove all vehicles from the gravel vehicle storage area. 94-25 - A RESOLUTION: AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT CZ) OF TRANSPORTATION FOR CONSTRUCTION OF TWO IMPROVEMENT PROJECTS IN THE TOWN OF LEESBURG KNOWN AS RIGHT TURN LANE ON ROUTE 621 EVERGREEN MILLS ROAD AT ROUTE 15 AND RIGHT TURN LANE ON CARDINAL PARK DRIVE AT ROUTE 7 WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Years 1993-1994 through 1998-1999 for urban highways includes an allocation of funds for construction of two improvement projects in the Town of Leesburg, known as right turn lane on Route 621 Evergreen Mills Road at Route 15 Aldie Pike and right turn lane on Cardinal Park Drive at Route 7 Leesburg Pike and identified as Project U000-253-V06, C-$01 and U000-253-V07, C-$01, respectively; and WHE~, VDOT and the town desire to construct the projects as expeditiously as possible; and WHEREAS, the town has received Loudoun County Gas Tax funds for the turn lanes which will be used to pay design costs and easements; and WHERE. AS, VDOT has prepared an agreement titled "Agreement for the Development and Administration of Two Intersection Improvements by the Town of Leesburg"; and WHEREAS, the proposed agreement has been reviewed by the Deputy Town Attorney; and WHEREAS, administration and mnnagement of the turn lane projects by the town will be more efficient since these roads are operated and maintained by the town and the overall scope of the work is uncomplicated. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to sign the agreement with VDOT in a form approved by the Deputy Town Attorney for the construction of the turn lanes at Cnrdinal Park Drive and Evergreen Mills Road. 94-26 - A RESOLUTION: APPOINTING KAREN JOHNSON AND KATHRYN MILLER AND REAPPOINTING EMORY PLASTER TO THE BOARD OF ARCHITECTURAL REVIEW RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Karen Johnson and Kathryn Miller are appointed to the Board of Architectural Review for three year terms to expire on December 31, 1997. SECTION II. Emorv Plaster is reappointed to the Board of Architectural Review for a three-year term to expire on December 31, 1997. 94-27 - A RESOLUTION: REAPPOINTING ROBERT ALTLAND, MIKE BELLES AND CLIFTON VAUGHAN TO THE PLANNING COMMISSION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Robert Altland~ Mike Belles and Clifton Vau~han are reappointed to the Planning Commission for two-year terms to expire on December 31, 1996. 2/8/94 -5- 382 VOTE Aye: Nay: Abstain: MOTION Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Trocino (e) On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and unanimously adopted. 94-28 - A RESOLUTION: ASSIGNING RESPONSIBILITIES AND DUTIES TO THE AD HOC TREE PRESERVATION COMMrFrEE AND MAKING APPOINTMENTS WHEREAS, on December 7, 1993, the Town Council voted to create an ad hoc committee to evaluate town tree preservation efforts; and WHEREAS, the Planning and Zoning Committee of the Town Council on February 1, 1994, developed specific duties and responsibilities for the committee; and WHEREAS, the Town Council is concerned about the administration of tree preservation efforts in Leesburg in accordance with the Virginia State Code; and WHEREAS, qualified individuals have been recommended to be included in the committee. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following duties and responsibilities are hereby assigned to the ad hoc tree preservation committee: · Evaluate current state and local statutes related to tree preservation and recommend any practical, reasonable and enforceable legislation and/or policy changes necessary to improve town tree preservation efforts. · Develop and recommend a voluntary tree preservation program for the private and public sectors in Leesburg. SECTION II. Bill Neville, Robert Lake, Craig Herwig, Chuck Jones, Waldemar Albertin, John Lewis, Councilmembers R. W. Blake and Joseph R. Trocino are hereby appointed to the committee. The town manager shall assign appropriate staff. SECTION III. The committee is directed to report its findings and recommendations to the Town Council within ninety days of its first meeting. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None 9.(k) This item was referred back to the Finance Committee. Ms. Bange requested that staff come up with specific criteria. 9.(I) MOTION On motion of Mr. ^tweH, seconded by Mr. Webb, the following resolution was proposed and unanimously adopted. 94-29 - A RESOLUTION: AUTHORIZING AN APPROPRIATION TO INSTAH, PERMANENT SPECIAL EVENT SIGNAGE AT THE MAJOR ENTRANCES TO THE TOWN WHEREAS, the Code of Virginia prohibits signage within the primary road right-of-way unless authorized by the Virginia Department of Transportation (VDOT); and 2/8/94 -6- WHEREAS, to ensure the continued success of the special events within the Leesburg area it is necessary to have the events properly advertised; and WHE~ carefully designed signage for Hsting the special events may be permitted by VDOT if the physical location is approved by the local resident office; and WHEREAS, permanent monument signs at the major entrances to the Town is an appropriate and approved method of advertisement. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation from the unappropriated general fund balance in the amount of $2,191 is hereby authorized to construct special event signs at the major entrances to town. Account No. 200.8101.300. VOTE Aye: Counciimember Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None 9.(m) MOTION On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted. 94-30 - A RESOLUTION: MAKING AN APPROPRIATION FOR THE DESIGN OF THE CATOCTIN CIRCLE WIDENING ROAD IMPROVEMENTS PROJECT WHEREAS, the Vir~nia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Years 1993-94 through 1998-99 for urban highways includes an allocation of funds for the widening of Catoctin Circle from South Street to King Street in the Town of Leesburg identified as Project U000-253- V04; and WHEREAS, design funds for engineering in the amount of $263,000.00 have been allocated by VDOT; and WHEREAS, no construction funds will be allocated to this project until FY 1996-97 and sufficient funds to construct the improvements will not accumulate until 2001; and WHEREAS, it may be an advantage to the town for obtaining early construction funds if the design of the improvements is complete and the project is ready to go to bid; and WHEREAS, the town has already entered into an agreement with VDOT for the town to design and construct the Catoctin Circle Widening Project; and WHE~, the town is obligated to pay 2 percent of the project costs, with the town's share of the design estimated to be $5,000.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION.I. The Capital Projects Funds budget for the fiscal year ending June 30, 1994 is hereby amended to provide $5,000.00 for the town's share of the design of the Catoctin Circle Widening Project. SECTION II. An appropriation is made in the amount of $5,000.00 from the unappropriated General Fund balance to the Highway Capital Projects Fund, account 902.9206.300.302, and will remain in effect until the project is completed. VOTE Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem Nay: None NEW BUSINESS lO.(n) MOTION On motion of Ms. Umstattd, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 2/8/94 -7- 94-31 A RESOLUTION: AUTHORIZING A PUBLIC HEARING FOR THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1995-1999 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A not/ce of public hearing to cons/der the Capital Improvements Program for fiscal years 1995-1999 shall be published in the Leesburg Today on February 16, 1994 for public hearing on Tuesday, February 22, 1994 in the Council Chambers of the Government Center at 25 West Market Street, Leesburg, Virginia 22075. VOTE Nay: Councilmembers AtwelL Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem None MOTION On motion of, and duly seconded, the meeting was adjourned at 8:50 p.m. James E. Clem, Mayor