HomeMy Public PortalAbout1994_04_12135
TOWN COUNCIL MEETING MINUTES OF APRIL 12, 1994
A regular meeting of the Leesburg Town Council was held on April 12, 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 TIIE FLAG was led by Councilmember Webb
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake (absent)
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown (absent)
Deputy Town Manager/Airport Manager Peter Stephenson
Director of Engineering and Public Works Thomas A. Mason
Director of Finance Paul E. York
Director of Planning, Zoning, and Development Michael Tompkins
Public Information Officer Susan Farmer
Town Attorney George Martin
Town Clerk Barbara Messinger
APPROVAL OF MINUTES
On motion of Mr. Webb, seconded by Ms. Umstattd, the regular meeting minutes of March 22, 1994, and the
special meeting minutes of March 29, 1994 were approved as written.
VOTE
Aye.'
Nay:
Absent:
Abstain:
Councilmembers Atwell, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
Councilmember Bange
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following Resolution of Respect was proposed and
adopted.
RESOLUTION OF RESPECT
Lucas D. Phillips
WHEREAS, Lucas D. Phillips, long-time Leesburg area resident and political leader, died
March 24, 1994, at the age of 90; and
WHEREAS, Mr. Phillips spent 19 years representing Loudoun County in the Virginia House
of Delegates and more than 50 years as a lawyer in Leesburg; and
WHEREAS, Mr. Phillips served as Mayor of Leesburg from 1937 to 1942, during the
development of the first town-wide sewer system; and
WHEREAS, Mr. Phillips also served as a judge in the Loudoun County Court and
maintained a law office across from the courthouse.
THEREFORE, RESOLVED that the Mayor and members of Council of the Town of
Leesburg in Virginia extend their sympathy to Mr. Phillips' family and to all who knew him; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes
136
of this meeting.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following Proclamation was adopted.
PROCLAMATION
RESPECT FOR LAW WEEK
MAY 1-7, 1994
WHEREAS, crime and its effect upon the lives and property of our citizens is of utmost
concern and the continued efforts of our local government, citizens organizations and individuals to
curb this problem is greatly appreciated; and
WHEREAS, the problems of crime touch and affect all segments of our society, and can
undermine and erode the moral and economic strengths of our communities and their citizens if
unabated; and
WHEREAS, public awareness and determination to maintain faith in the preservation of law
and order and the appreciation of the importance of law enforcement officers and their role in
preserving social order in a democracy is everyone's responsibility; and
WHEREAS, The Optimist Club of Loudoun Valley and their members continue to sponsor
and support programs aimed at combatingcrime and encouraging respect for law through year-round
efforts.
THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of
Leesburg in Virginia hereby proclaim the week of May 1-7, 1994 as Respect for Law Week and ask
all citizens of Leesburg to join with the Optimist Club of Loudoun Valley in carrying the message
of respect for law to other citizens, and by example, exercise responsible citizenship.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb and Mayor Clem
None
Councilmember Blake
PETITIONERS
Cathie Wilt, a resident of 503 Saber Court, S.E., made the following statement. "For a very long
time, citizens of Leesburg have appeared before the town government with complaints about: back-
up of sewage into their homes, flooding from broken water pipes, improperly installed water meters
which give false readings, thereby causing huge water bills, and citizens have had many other such
complaints. Now citizens are being told by those of the Leesburg government - it's not our fault,
it's the County's fault because the County Building Department is supposed to do inspections.
Additionally, representatives of the Leesburg government are saying - if the County can't do it, we
may have to take over the inspections.
If the Leesburg government cared enough to do something, it could have done something long ago,
because the Town has, as stated in the Code of Virginia - and I quote - all powers "necessary or
desirable to secure and promote the general welfare of tl:c ~nhabitants of the municipality and the
safety, health, comfort, and convenience.., of the municipality and the inhabitants thereof."
From my observation of this Council, it appears that you have not yet fully explored the full extent
of your legal authority to make the County do an adequate job on inspections in Leesburg.
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Lecsburg taxpayers paid over $65,000 last year for town legal advice. This was well after one of our
newer neighborhoods had problems with sewage backing up into basements. Why was the Town
attorney never tasked to explore our legal options in requiring the County to do its job, or if the
Town is to take over building inspections, in requiring the County to pay for them.9 Certainly,
sewage backups, burst water pipes and leaking water meters would appear to seriously jeopardize
the 'general welfare, safety, health, comfort and convenience of the inhabitants" of this Town. In
summary, I agree that there is a problem with County inspection procedures and standards.
However, this Council does not have to throw up its hands, blame the county and leave it at that.
You have been given broad and comprehensive powers under the Code of Virginia to protect the
welfare of our citizens. I can only hope that you will begin to usc them."
Mayor Clem pointed out that the town does not have the responsibility of inspecting buildings. He
stated that problems with inspections have been identified only in the last year. He admitted there
have been problems underground which are being resolved.
Doris Johnson addressed the Town Council referencing Resolution 11 (q). She stated that a market
study may be premature and requested that the Council reject the proposed resolution.
Wayne Graham spoke in reference to the proposed fire station site on Plaza Street. He asked that
the council move forward on this issued and provide the Loudoun Volunteer Fire Company with a
site in the northeast quadrant of town.
Venugotal Eagala, resident of 201 Ashford Court, N.E. addressed the Council opposing the new
location for the fire station site.
Diane Taylor, a resident of Exeter, addressed the Council also introducing additional homeowners
in Exeter opposed to the Plaza Street fire station site.
Brenda Conway expressed support of the Plaza Street location for the fire station.
Connie Graham, a resident of Exeter, addressed the Council in support of the Plaza Street site.
Sid Lissner, a resident of Brown's Meadow Court, made the following statement. "If anyone in our
town wanted a spectacular example of waste and incompetence and why a government cannot run
a business, the proposed contract to Tapestry Consultants nto perform a market study for the
Leesburg Airport" is a perfect specimen.
Let's start with the letter from Ms. Rosemarie Piepenhagen of Tapestry Consultants to Peter
Stephenson, the Town's assistant manager who is supposed to be in charge of the airport. Through
the misspellings and bad grammar, the only thing Ms. Piepenhagen does make clear is that her sole
qualification is that she is a student pilot.
Now let's take a look at Ms. Piepenhagen's proposal. No client my company has would ever accept
such a rag tag collection of gibberish, bad English, and muddled thinking.
Now let's look at Tapestry Consultants' letters of reference. They reveal that Tapestry Consultants
has been an interior decorator! Of course, if you are thinking of redoing the offices at Godfrey
International Field, Ms. Piepenhagen might be a good choice as long as no written report is called
for. Tapestry Consultants has no apparent ability, background, knowledge, experience, credentials,
or competence as an aviation consultant.
There is no listing for Tapestry Consultants in the new Fairfax white pages, or in Directory
Assistance or under 'Interior Decorators" in the Northern Virginia Yellow Pages. Tapestry
Consultants is not among the 28 listings for 'Aviation Consultants.'
Recently, I criticized the Town's strange method of seeking insurance coverage through requests for
proposals, instead of sealed bids. Don't you agree that you should seek requests for proposals 'to
perform a market study for the Leesburg airport" just as you have for insurance?
The Airport Commission and the Town Council Finance Committee are far off course in
recommending hiring an interior decorator as an aviation consultant for as much as $9,471. The
Town's compass needs adjustment. To avoid a municipal crash-landing Leesburg should get out of
the airport business and save the taxpayers hundreds of thousands of dollars a year.
4/12/94 -3-
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This fiasco might be funny if it were not yet another embarrassment the citizens of Leesburg have
suffered from a mayor and Town Council that should be called the crew that couldn't fly straight."
Steve Shebest, attorney representing the Leesburg Pawn Shop, urged the council to adopt proposed
resolution ll.(m), and requested that it be revised to reduce the number of pawn shops in Leesburg
from 3 to 2.
Jack Kelly addressed the Council expressing concerns with the fire station issue. He stated that it
was time to act. Either the Plaza Street site or the Riggs site would be suitable.
Allen & Susan Jockser, residents of Exeter, addressed the Council concurring with Mr. Kelly's
comments. Mr. Jockser emphasized the fact that the Plaza Street site is free while the Riggs site
may cost at least $1 million. He requested a decision be made soon. Mrs. Jockser stated that this
is a matter of public safety - which outweighs all other concerns.
Nancy Mata expressed her concerns regarding the fire station site. She believed it would disrupt
children and was a safety hazard.
John Taylor, a resident of Exeter, stated that the majority of the Exeter homeowners support the
Plaza Street site. He emphasized the need for a station in the northeast quadrant, however, he
asked that the Plaza Street site not be considered.
Lar~ Spallanzani, a resident of Exeter, opposed the Plaza Street site, but supported the need for
a fire station in the northeast quadrant.
Adam Rudomsky, a resident of Exeter, expressed concern that it is taking too long to make a
decision on a fire station. He supports the need for a station in the northeast quadrant.
Bob Ellis, president of the LVFC, elaborated on details of the proposed station which were discussed
at a meeting held on April 11 with homeowners of Exeter.
Dick Saders, a resident of Exeter, opposed both sites in Exeter. He stated it is inappropriate to
place a fire station in or next to a residential community.
Doris Johnson spoke in support of the fire department stating they are a great neighbor, no matter
where they are located.
Lynn Boatlucy, a resident of Exeter, expressed her support of a fire station in the northeast
quadrant.
Keith Yeeler, a resident of Exeter and volunteer fireman, stressed the importance of a fire station
in the northeast quadrant and stated that property assessments are not affected by the presence of
a fire station.
Mr. Webb asked that item 11 (q) be sent back to the Finance Committee.
PUBLIC HEARING: Rezoniw, Application #ZM-138 and proffer/concept plan amendment for
Stratford Planned Development
Mike Tompkins presented a staff report.
Ms. Umstattd asked what was meant by "build thc entire cross section".
Mr. Tompkins replied four lanes of road.
Ms. Umstattd asked if he meant intersection or not.
Mr. Tomkins stated thc intersection would have to bc accommodated either way, but STP funds have
bccn allocated to deal with improvements at thc intersection.
Ms. Umstat~d asked how many lane fcct would bc involved.
Mr. Tompkins did not know but would find out.
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Mr. Webb commented that emphasis should be put on the fact that the $;500,000 in ISTEA funds
is money that is allocated to the highway department for Northern Virginia. He pointed out that
none of this money came from Leesburg taxpayers. It is gas tax money.
Henry Stowers, the applicant, provided a summary and requested approval of the rezoning.
Dave Seekford provided a brief statement in favor of the request.
The public hearing was closed and this item was referred to the Planning and Zoning Committee
meeting of April 19, 1994.
PUBLIC HEARING: Rezoniw, Application #ZM-137 by Pence-Friedel Developers~ Inc.
Mr. Tompkins provided a brief staff report.
Mr. Trocino abstained from all discussion.
Ms. Umstattd asked if there was any offer from the applicant to build a wall between thc two lots
and thc townhouscs.
Mr. Tompkins replied there was not.
Jack Manton, representing Pencc-Fricdcl, requested rczoning to enable a proper intersection
necessary for a deceleration lane.
Ms. Umstattd asked what plans had been made for a buffer.
Mr. Manton stated the plans wcrc to abide by the town's Zoning Ordinance.
James Bates, representing the Foxcrcck Homeowners Association, stated a good deal of
understanding has been reached and thc HOA has withdrew its opposition. Hc charged thc Town
Council and staff to get involved and follow orders/codes throughout this matter.
Doris Johnson, commented that thc whole action of this zoning case has troubled her. She is not
complctely satisfied that there arc no other avenues that can bc taken to correct what was originally
thc intent of thc comprehensive plan in that area, which is to have an office park to attract an
employer there.
Thc public hearing was closed and this item was referred to thc Planning and Zoning Committee
meeting of April 19, 1994.
PUBLIC HEARING: Leesbura Economic Development Commission Strategic Plan
Jim Oahres presented a staff summary.
Ron Faulkey, a Leesburg resident, asked if there is going to be any further opportunity for citizen
involvement. He expressed concerned that the document is replete with references to easing zoning
requirements and incumberences by government on development, making more flexible the zoning
requirements. Mr. Faulkey also expressed concern that the document does not put forth a direction
in which it wishes to guide Leesburg in its development. He requested a plan that better reflects
what residents want their future to be.
COUNCILMEMBER COMMENTS
Mr. Trocino reported on the progress of the tree committee. He stated things are going well.
He is disturbed by a report he heard on the radio referencing comments from the Mayor, which he
thought were appropriate, but the response from the Chief County Engineer regarding inspection
services was not. He suggested the solution for current problems may be in the way things are done.
He stated he has been discussing an enhanced Town status - "city status" with legislative delegates
and encourages the Council to join him in this effort.
Ms. Umstattd stated that anything done to reduce the double tax burden will be beneficial to the
town. She commented that the Neighborhood Watch Programs and the Crime Prevention Council
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are doing good work. She commended all and would like to refer anyone interested in getting
involved to Officer Doug Taylor.
Mr. Webb stated that because of the changes in the FCC regulations the rate structure for cable
TV is still 'up in the air". He reported a motion was passed at last night's Cable Commission
meeting to recommend to Council that the rate regulation be enforced by the Council. The motion
will be held in committee as long as necessary. He thanked Susan Farmer for her good work.
Mr. Webb thanked the citizens appearing before the Council tonight for sharing their views on the
fire station. There is no one to blame for the lack of a decision, however, a decision does need to
be made.
Ms. Bange stated it was good to be home. She passed on greetings from the city council of Sidney,
Australia.
Ms. Bange attended the Parks and Recreation Commission meeting and reported on thier progress.
She addressed the fire station issue stating, "I believe that as Mr. Webb has said, we have been
talking about the fire station for a long time. I believe that a lot of things have happened. We've
tried to please too many people for too long and you cannot do that. It's like they threw the baby
back at us tonight. There was, if you'll remember, the King who had two mothers who were fighting
and said this was their baby and now all of a sudden who is going to be willing to give the baby up
to keep it from being cut in half. I think we need to look at this situation and we need to move.
I have believed when the fire station site first came up that we have a good location on Plaza Street
which is at no charge to the Town of Leesburg. Many of us have felt this way for a long time. We
bowed to some pressure because some of the citizens didn't want it. But in doing some research and
going into Fairfax County and neighboring counties, there are many, many, many fire stations that
are next door to homes, next door to schools, next to many, many public areas. I have yet to find
one person who was against having a fire station next door. I talked to principals. I talked to
students. I talked to parents. I do not believe that we would go wrong by using a site that is free
to us. I would like to see at our meeting next week or on the 20th, that we get this thing moving.
I'd like to see it passed before I go off this Council on June 30th.
Mr. Atwell commented it was a pleasure to serve as Chairman of the Leesburg Economic
Development Commission. He commended the members of the commission and Mr. Gahres for
the fine work done thus far.
He stated that he continues to be disturbed at the lack of respect for the dignity and honor of the
council chambers. He stressed the importance of the institutions in Leesburg. He considered it
unconscionable and absolutely irresponsible to attack these institutions, and also that the Council
could not take a stand and support the very institutions that make this community what it is. He
expressed feelings regarding political rhetoric and campaigning in the council chambers.
Mr. Atwell requested a verbatim transcript of the statement made by Mr. Sidney Lissner.
MAYOR'S REPORT
Mayor Clem attended the Neighborhood Watch on April 9th. He announced that two grants had
been submitted for the Police Department. The results should be available soon. He stated that
crime is down.
He represented the Town at the hospital meeting and reported the result of the vote - 5 to 4 in favor
of moving. The next hearing will be on April 18th in Annandale and the third meeting will be
sometime in June.
Mayor Clem noticed brush and debris around the town. He stated the chipper was out and doing
its job and stated that the goal of this Council is to restore the leaf and brush pick-up policy.
MANAGER'S REPORT
Mr. Stephenson highlighted the Activity Report.
LEGISLATION
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ll.(a)
MOTION
On motion of Ms. Bangc, seconded by Mr. Wcbb, the following ordinance was proposed and
adopted.
94-0-07 - AN ORDINANCE: AMENDING THE TOWN CODE TO REMOVE ONE METERED
PARKING SPACE ON HARRISON STREET
WHEREAS, thc management/owner of thc European Service Centre has requested that
spaces on Harrison Street bc designated as frcc parking; and
WHEREAS, the meter at one space directly in front of 306 South Harrison Street could be
removed without creating a detrimental effect on surrounding businesses; and
WHEREAS, the free parking space could assist a local business.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Sec. 10-171. Establishment of meter zones and parking time limits therein.
Parking meter zones with the following time limits for lawful parking are established as
follows:
(1)
West side of King Street, between Loudoun Street and North Street, for two-
hour parking at any one time except for that area designated at the northwest
corner of King Street and Market Street as a no parking from here to corner
zone.
(2)
East side of King Street, between Virginia Power right-of-way and 180 feet
south of Royal Street, for two-hour parking at any one time.
(3)
South side of Market Street, from 100 feet west of Church Street to 120 feet
west of Liberty Street for two-hour parking at any one time, with the following
exceptions: the limit for lawful parking shall be 15 minutes at any one
time in front of the Post Office on Market Street and the time limit for lawful
parking shall be three hours at any one time at five spaces immediately west
of Wirt Street and five spaces between Liberty Street and the entrance of the
Presbyterian Church parking lot and the space in front of the theater shall
be a 15-minute loading zone between 5:00 P.M. and midnight.
(4)
East side of Church Street, between Edwards Ferry Road and Cornwall
Street, for two-hour parking at any one time, except spaces reserved for
official cars of the state and town police and the County Sheriff's Department.
(5)
North side of Loudoun Street, between Wirt Street and Church Street, for
two-hour parking at any one time.
(6)
Municipal parking area known as Vinegar Hill parking lot between Loudoun
Street and South Harrison Street, for four-hour parking at any one time.
(7)
Municipal parking area known as South Harrison Street, parking lot between
South Street and South Harrison Street for four-hour parking at any one time.
(8)
East and west side of South Harrison Street, between Loudoun Street and 160
feet north of Depot Court, for two-hour parking at any one time except as
hereafter provided.
(9)
East and west side of South Harrison Street at southern most point of parking
bay in front of 202 Harrison Street, S.E. for up to ten-hour paid parking
except the parking space in front of 306 which shall be free parking.
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(10)
South side of Loudoun Street, between East Market Street and 160 feet east
of South Harrison Street, for three-hour parking at any one time.
(11)
Municipal parking area on the south end of Liberty Street, with the exception
of the southern-most 126 spaces which will be offered for permit-only parking.
(12)
East side of Wirt Street between Loudoun Street and Market Street plus two
meters immediately north of Market Street for one-hour parking at any one
time.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon passage.
VOTE
Nay:
Absent:
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
ll.(b)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and
adopted.
94-0-08 AN ORDINANCE: ESTABLISHING THE BALCH LIBRARY ADVISORY
COMMISSION
WHEREAS, the Town Council and the Loudoun County Board of Supervisors have agreed
to transfer ownership of the Balch Library from the county to the town effective July 1, 1994; and
WHEREAS, Town Council desires to establish a citizens committee to provide advice related
to policy decisions regarding Baleh Library; and
WHEREAS, several citizens have expressed a desire to serve the town in a capacity which
would assist Balch Library; and
WHEREAS, several advisory commissions have been established in the Town Code to assist
Town Council.
THEREFORE, ORDAiNED by the Council of the Town of Leesburg in Virginia as follows:
Article IX. Balch Library Advisor?/, Commission.
Section 2-94. Commission established generally.
L~ The Leesburg Balch Library Advisory Commission is hereby established. The
Commission shall consist of five members who shall be residents of the town and appointed by Town
Council. The Council shall appoint one of its members to the commission whose term of office
shall correspond to the official tenure of office as a Councilmember. Members shall serve four-year
terms.
(b) The commission shall elect its chairperson annually. The commission shall
meet monthly or more often as necessary_ upon the call of the chairperson or two or more members.
The chairperson is required to report any attendance problems to the Town Council, which has the
authority to require a member to resign if the said member is absent from three consecutive, regular
monthly meetings.
Section 2-95. Powers and duties.
The Leesburg Balch Library Advisory Commission shall have the following powers and
duties:
4/12/94 -8-
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VOTR
Nay:
Absent:
(1)
(3)
(4)
To adopt rules governing the conduct of its business and meetings.
To make recommendations for Council approval that it deems
necessary_ to accomplish its goals.
To make policy recommendations regarding the operation, potential
renovation, maintenance and funding of Balch Library.
To review proposed annual budgets for town expenditures related to
the Balch Library_ and make budgetary_ recommendations to the Town
Council.
Assist in the marketing of the Balch Library as a tourism asset.
To coordinate efforts of private fund raising _m'oups to ensure the
effectiveness of the facilitT/and the completeness and protection of the
collection.
To report periodically on its work to the Council.
To assist in such other duties as assigned.
All actions of this commission shall be subject to Council approval.
This ordinance shall be in effect upon its passage.
Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Blake
ll.(c).(d).(e).(f}.(~,).(h),(i).fi),(k),(l),(ra).(n)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as
consent and adopted.
94-66 - A RESOLUTION: PROCLAIMING APRIL 23 AS THE OFFICIAL ARBOR DAY FOR
THE TOWN OF LEESBURG
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that
a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and world; and
WHEREAS, trees can reduce the erosion of topsoil, cut heating and cooling costs, moderate
the temperature, clean the air, produce oxygen and provide habitat for wildlife; and
WHEREAS, trees in our town increase property values, enhance the economic vitality of
business areas, and beautify our community; and
WHEREAS, the Town of Leesburg has been recognized as a Tree City USA by the National
Arbor Day Foundation for five consecutive years and desires to continue its tree planting ways:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
April 23 is hereby proclaimed as the official Arbor Day of the Town of Leesburg for 1994.
94-67 - A RESOLUTION: AUTHORIZING A NOTICE OF PUBLIC HEARING FOR #ZM-139
KINCAID FOREST, FLOODPLAIN ALTERATION BY LEEGATE
CORPORATION, N.V.
RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows:
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A notice of Public Hearing to consider #ZM-139 Kincaid Forest, Floodplain Alteration by Leegate
Corporation, N.V. shall be published in the Leesburg Today on April 13, 1994 and April 20, 1994
for public hearing on Tuesday April 26, 1994 in the Council Chambers of the Government Center
at 25 West Market Street, Leesburg, Virginia 22075.
94-68 - A RESOLUTION: RESCHEDULING THE MAY 3, 1994, PLANNING AND ZONING
COMMITTEE AND ADMINISTRATION AND PUBLIC WORKS
COMMITrEE MEETINGS TO WEDNESDAY, MAY 4, 1994
WHEREAS, Town elections will be held on Tuesday, May 3, 1994; and
WHEREAS, the Town Council wishes to reschedule the Planning and Zoning Committee
and Administration and Public Works Committee meetings of Tuesday, May 3, 1994 to May 4, 1994:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Planning and Zoning Committee and Administration and Public Works Committee
meetings of Tuesday, May 3, 1994 are rescheduled to Wednesday, May 4, 1994.
94-69 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR GRADING AT THE POTOMAC
CROSSING SCHOOL SITE
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for
the grading at the Potomac Crossing School Site.
SECTION II. The corporate surety bond from the American Insurance Company in the
amount of $65,387.00 is approved as security to guarantee installation of the public improvements
shown on plans approved by the Director of Engineering and Public Works for grading at the
Potomac Crossing School Site.
94-70 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION
PERMITS FOR PAXTON SUBDIVISION SECTIONS 3 & 4
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for the improvements shown on the
plans approved by the Director of Engineering and Public Works for Paxton Subdivision Section 3
&4.
SEC~ON II. The extension of municipal water and sewer for Paxton Subdivision Sections
3 & 4 is approved in accordance with Section 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from
Seaboard Surety Company in the amount of $551,486.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Paxton Subdivision Sections 3 & 4.
94-71 - A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS FOR EXETER SUBDIVISION
SECTION 10
WHEREAS, Pulte Home Corporation, the developer of Exeter Subdivision Section 10, have
completed the public improvements in accordance with the 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:
SECTIONI. The letter of credit from Nations Bank in the amount of $173,234.24 is released
and a new security in a form approved by the town attorney for a maintenance guarantee in the
amount of $42,619.41 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
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conveying unto the town all such improvements and easements free of any liens or charges.
94-72 - A RESOLUTION: REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION
(VDOT} FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF
LEESBURG IN THE VDOT SIX YEAR IMPROVEMENTS PROGRAM FOR
FISCAL YEARS 1994-1995 THROUGH 1999-2000
WHEREAS, the Virginia Department of Transportation (VDOT hereinafter) is revising the
Six Year Improvements Program for fiscal years 1994-1995 through 1999-2000; and
WHEREAS, VDOT will be conducting a pre-allocation hearing on April 22, 1994 in Fairfax
City to determine funding for urban system and primary system projects in the Northern Virginia
Construction District; and
WHEREAS, it is necessary that a request by council resolution be made before VDOT
allocates funds in the Six Year Improvements Program for urban system projects; and
WHEREAS, the Plaza Street Extension project, the Catoctin Circle Extension, and the
widening of Catoctin Circle from South King Street to Market Street are already in the VDOT Six
Year plan as Urban System Projects; and
WHEREAS, Interim improvements to Route 7, completion of the Route 7/15 interchange
and widening of Route 7 to six lanes are already in the VDOT SIX Year plan as Primary System
Projects.
WHEREAS, traffic on Route 7 between the east corporate limits and the Route 7/15
interchange exceeds 49,000 vehicles per day (vpd) and is causing traffic backups and delays during
evening rush hours resulting in a bottleneck at the entrance to Leesburg from the east; and
WHEREAS, current traffic volumes on Route 7 in Leesburg are significantly greater than
traffic volumes on many major Interstate and Primary Roads across Virginia such as:
Interstate 66 at Route 234
(Prince William County)
47,000 vpd
Interstate 81 at Interstate 581
(Roanoke)
36,000 vpd
U.S. 60 at Route 147
(Midlothian)
U.S. 460 at Route 58
(Suffolk)
Interstate 64 at Interstate 464
(Chesapeake)
41,000 vpd
34,000 vpd
WHEREAS, the level of service on Route 7 at the interchange is "F~ during the p.m. peak,
which is far below an acceptable level of service as determined by both VDOT and the town; and
WHEREAS, the completion of the Route 7/15 interchange which would greatly improve the
flow of traffic at this important regional interchange is the only long term solution available.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. VDOT is requested to continue to include and fund the following urban system
projects as part of its Six year plan:
Priority Project Description
1 Plaza Street Extension from East Market Street to Sycolin
Road at Rockbridge Drive, a distance of approximately 2,700'.
2 Catoctin Circle Extension from existing terminus north of
East Market Street to Edwards Ferry Road, a distance of
approximately 550'.
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3
Widen Catoctin Circle from South Street west to South King
Street to accommodate four travel lanes and a turning lane
for a distance of approximately 3300'.
SECTION II. The town agrees to pay its share of the total costs for preliminary engineering,
right-of-way and construction of these projects in accordance with Section 33.1-44 of the Code of
Virginia, as amended and that, if the council subsequently elects to stop or cancel any of the
projects, the town hereby agrees to reimburse VDOT for the total amount of the costs expended by
VDOT through the date VDOT is notified of such suspension or cancellation.
SECTION III. VDOT is requested to continue to include and fund primary system projects
for; the completion of the grade separated interchange at the partially completed Route 7/15
interchange on the east end of town and to widen Route 7 from four lanes to six lanes for the
following reasons:
The current interchange is beyond capacity at peak hours and future traffic from
local and regional growth continues to escalate traffic problems at this intersection.
e
The future of commerce and economic development in Leesburg depends a great
deal on the ability of the Route 7/15 interchange to function at an acceptable level
of service.
This project is included in the corridor study submitted by VDOT to the Town of
Leesburg and approved by the Leesburg Town Council.
Development within the required right-of-way at the southwest quadrant of the
interchange is eminent.
Acquisition of this right-of-way prior to development of the property will save
millions of dollars of tax payers' money.
SECTION IV. VDOT is requested to continue to include and fund the primary system
project for interim improvements to Route 7 on the east side of the Route 7/15 interchange for the
following reasons:
The need for immediate improvements to address the major traffic delays at the
Route 7/15 interchange has been identified by VDOT and the town.
e
The interim improvements proposed are supported by the VDOT Leesburg
Residency Office, the Northern Virginia District Office, the Town of Leesburg and
Loudoun County.
The time frame for completion of the complete interchange is too long a period to
go without attempting to improve traffic flow and reduce congestion therefore.
SECTION V. VDOT is requested to establish a primary system project to widen the Route
7 Bypass from four lanes to six lanes and to complete the interchange at Route 15 and the Route
7 bypass for the following reasons:
Current traffic volume on the Rt. 7 bypass exceeds 29,000 vehicles
per day.
Increasing traffic volumes are causing a decrease in safety and level
of service along the Route 7 bypass.
The Dulles Greenway (Toll Road), which is currently under
construction, is planned to be completed in the spring of 1996 and
will add additional traffic to the Route 7 bypass.
Traffic volumes are estimated to be as high as 74,000 vehicles per day
by 2010 per the traffic volume projections prepared for the Dulles
Greenway. This projected volume is nearly as great at the current
traffic volume (79,000 vpd) using the Hampton Roads Bridge Tunnel
in Norfolk and Hampton.
94-73 - A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE TOWN AND INOVA REGARDING
EVIDENCE CUSTODY SERVICES
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147
WHEREAS, suspected sexual child abuse crimes committed in Lecsburg require health care
professionals trained in evidence custody to process the case; and
WHEREAS, the Commonwealth Attorney's office and the Loudoun County Sheriff have
agreed to use INOVA Health System Hospitals to process the cases because it has appropriate
resources available 24 hours per day, 365 days per year; and
WHEREAS, the Chief of Police has recommended the Council authorize the town manager
to execute the one-year agreement between the parties; and
WHEREAS, the Deputy Town Attorney has reviewed the agreement and has incorporated
comments.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to execute the agreement between the town and
INOVA for the provision of services related to suspected sexual child abuse crimes.
94-74 - A RESOLUTION: AUTHORIZING A LAND USE PERMIT APPLICATION FOR
CONSTRUCTION OF CATTAIL BRANCH SANITARY SEWER
CONVEYANCE SYSTEM
WHEREAS, it becomes necessary from time to time for the town to obtain Land Use
Permits (Permits) from the Virginia Department of Transportation (the Department) to install,
construct, maintain and operate certain public works and public utilities projects along, across, over
and upon the highway system of Virginia; and
WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia
growing out of the granting to the Town of Leesburg by the Department of said Permits for the
work aforesaid;
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. That per the provisions of Section 1.064 of the Land Use Permit Manual of
the Virginia Department of Transportation, the Town of Leesburg does hereby grant assurance to
the Department that it shall in all respects comply with all of the conditions of the Permit or Permits
that have been or will be, granted to the Town of Leesburg, and that the Town of Leesburg does
hereby certify that it will carry liability insurance for personal injury and property damage that may
arise from the work performed under Permit and/or from the operation of the permitted activity as
follows: up to one million dollars ($1,000,000) each occurrence to protect the Commonwealth
Transportation Board (the Board) members and Department's agents or employees; and seventy-five
thousand dollars ($75,000) each occurrence to protect the Board, the Department or the
Commonwealth in the event of suit.
SECTION II. The Town Manager is hereby authorized to execute on behalf of the Town
of Leesburg all Permits and related documents of the Department.
SECTION III. This resolution shall be a continuing resolution and shall not be revoked by
the Town Council unless and until sixty (60) days written notice of any proposed revocation shall
be submitted by the Town Council to the Department.
94-75 - A RESOLUTION: AUTHORIZING AN EASEMENT FOR VIRGINIA POWER ON
THE STORMWATER MANAGEMENT/RECREATION SITE AT THE
GREENWAY FARM DEVELOPMENT
WHEREAS, the Town Council granted by Resolution #93-232 an easement to Bell Atlantic-
Virginia, Inc., for buried cables and above ground equipment associated with fiber optics
communication lines on land owned by the Town of Leesburg at Greenway Farm; and
WHEREAS, the Virginia Power, has requested an easement for underground electric cables
and appurtenances on land owned by the Town of Leesburg at Greenway Farm to provide electric
service to the communications equipment installed by Bell Atlantic-Virginia, Inc.; and
WHEREAS, electric power is necessary to operate the communications equipment; and
WHEREAS, the right-of-way agreement has been submitted to the Deputy Town Attorney
and Director of Engineering and Public Works for review; and
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148
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Mayor is authorized to sign the right-of-way agreement for an easement requested by
the Virginia Power on the Greenway Farm Stormwater Management and Recreation Site. The right-
of-way agreement shall be in a form approved by the Town Attorney.
94-76 - A RESOLUTION: LIMITING THE NUMBER OF PAWNSHOPS IN LEESBURG
WHEREAS, three business licenses are issued currently to Leesburg pawnshops; and
WHEREAS, pawnbrokers are required by Section 11-9 of the Town Code to file a report
of all items pawned with the Chief of Police; and
WHEREAS, the review of the submitted reports requires significant police staff hours; and
WHEREAS, Fairfax County and the Town of Herndon have limited the number of
pawnbrokers; and
WHEREAS, Section 54.1-4002 of the Code of Virginia, as amended, authorizes the town to
limit the number of pawnshops that may be operated at any one time within the town.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
No more than three pawnshops are authorized to operate at any one time within the
territorial limits of the Town of Leesburg.
94-77 - A RESOLUTION: AUTHORIZING THE AWARD OF A CONTRACT FOR UNIFORM
RENTAL SERVICES
WHEREAS, the town solicited and received competitive sealed bids for the provision of
uniform rental services for the personnel of the Department of Public Works and Department of
Utilities; and
WHEREAS, Unifirst Corporation submitted the lowest bid; and
WHEREAS, Unifirst Corporation has been determined to be the lowest responsive and
responsible bidder.
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
The town manager is authorized to execute a contract for uniform rental services on behalf
of the town with Unifirst Corporation for an initial period of thirteen months, effective June 1, 1994,
with the provision for renewal by mutual agreement for four additional one-year terms.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Blake
Abstain: Councilmember Trocino (d), (1)
11.(o}
MOTION.
On motion of Ms. Umstattd, seconded by Mr. Webb, the following resolution was proposed and
adopted.
94-78 - A RESOLUTION: APPROPRIATING A CONTRIBUTION TO THE NORTHERN
VIRGINIA REGIONAL PARK AUTHORITY FOR THE ROBERT S.
UTrERBACK MEMORIAL FUND
WHEREAS, the late Robert S. "Bobby" Utterback was memorialized by the Town Council
with a Resolution of Respect on March 22, 1994; and
WHEREAS, his wife Priscilla is working with the Northern Virginia Regional Park Authority
to erect several benches with plaques on the Washington & Old Dominion Railroad Regional Park
Trail in his honor; and
4/12/94 -14-
149
WttEREAS, it is the desire of the Town Council to make a contribution to assist in this
effort, for a bench and plaque to be located in the Town of Leesbur~
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation of $100.00 is hereby made from the Unappropriated General Fund Balance
for the purpose of making a contribution to the Northern Virginia Regional Park Authority to assist
with the cost of establishing a bench and plaque on the W&OD Railroad Regional Park Trail in the
Town of Leesburg to memorialize the contributions of the late Robert S. ~Bobby~ Utterback to the
community.
VOTE
Aye: Councilmember Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Blake
11.(~)
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and
adopted.
94-79 - A RESOLUTION: AUTHORIZING AN AUDITING SERVICES CONTRACT WITH
MITCHELL, ROBERSON, WALLACE & CO.
WHEREAS, proposals were solicited from certified public accounting firms to provide the
town with auditing services for the fiscal year ending June 30, 1994, with the option to renew for the
subsequent two years; and
WHEREAS, from the proposals received the firm of Mitchell, Roberson, Wallace & Co.,
was determined to be the firm best qualified to provide the town with the services for the services
requested.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is authorized to execute a contract with Mitchell, Roberson, Wallace & Co. for
the purpose of providing the town with auditing services for the fiscal year ending June 30, 1994,
with the option to renew for the subsequent two years. The scope of their services will be those
contained in their March 11, 1994, proposal with a not to exceed fee of $23,000 for 1994 and the
fee for the two option years will be renegotiated at the time of renewal.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Blake
Mr. Atwell asked that an advertisement be made for the positions on the new Thomas Balch Library
Commission.
MOTION
On motion of, and duly seconded, the meeting was adjourned at 10:30 p.m.
Clerk of Council
James E. Clem, Mayor
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