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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. 4/12/94 -2- 137 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- 138 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. 4/12/94 -4- 139 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 4/12/94 -5- 140 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 4/12/94 -6- 141 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. 4/12/94 -7- 142 (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- 143 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: 4/12/94 -9- 144 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 4/12/94 -10- 145 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'. 4/12/94 -11- 146 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 4/12/94 -12- 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 4/12/94 -13- 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 4/12/94 -15-