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HomeMy Public PortalAbout1995_02_14 TOWN COUNCIL MEETING MINUTES OF FEBRUARY 14, 1995 A regular meeting of the Leesburg Town Council was held on February 14, 1995, 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 Webb SALUTE TO THE FLAG was led by Weblos Pack 954 ROLL C,~LI. Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiiler Joseph R. Trocino Kristen C. Umstattd (absent) William F. Webb Mayor James E. Clem Staff members present Town Manager Steve Brown Director of Engineering and Public Works Thomas Mason Chief of Police James Kidweli Public Information Officer Susan Farmer Town Attorney George Martin Town Clerk Barbara Messinger APPROVAL OFMINUTES MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the special meeting minutes of November 21, 1994, January 17, 1995, January 31, 1995, and the regular meeting minutes of January 24, 1995 were approved as written. VOTE Nay: Absent: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd PROCLAMATIONS MOTION On motion of Mr. Webb, seconded by Ms. Ems-wilier, the following proclamation was proposed and adopted. PROCLAMATION AMERICAN CANCER SOCIETY DAFFODIL DAYS WHEREAS, cancer strikes in three of four families, and there were over 200 cases in Loudoun County last year; and WHEREAS, the citizens of Leesburg look to the American Cancer Society for hope in the fight against cancer through its programs of research, education, and patient service; and WHEREAS, the daffodil is the first si~n of spring and a symbol of hope; and WHEREAS, the American Cancer Society, through its Daffodil Days, raises money that will support its efforts to eliminate cancer as a major health problem. THEREFORE, BE 1T RESOLVED, that I, James E. Clem, Mayor of the Town of Leesburg, do hereby proclaim March 14, 1995 to be the official American Cancer Society Daffodil Day and in so doing, urge all citizens to play their part in cancer control by supporting the American Cancer Society as it spreads its message of hope. vOTE Aye: Councilmembers Atwell, Buttery, ~r, Trocino, Webb, and Mayor Clem Mayor Clem asked for the status of thc Edwards Ferry Road widening? Mr. Brown stated that the town is waiting for the final design from the engineers. Mayor Clem asked Mr. Brown to inform the police officers, hired under the grant proposal, that the positions are for a three to four year period only. Hopefully the town can continue their employment but at this time that could not be guaranteed. He a~ked that the department directors begin appearing before the council to update the council on department activities. Ms. Emswiller announced that the tourism task force will hold a public hearing in the council chambers on February 22 at 7 p.m. MANAGEWS REPORT Mr. Brown stated the 12 page memo to the Town Council regarding the Fox Chapel/Plaza Street extension would be recopied this week. Mr. Brown highlighted the Activity Report. LEGISLATION 10.(a).Co).fc).(d) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following resolutions were proposed as consent and unanimously adopted. 95-23 A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAIbrEENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE K-MART BUILDING EXPANSION WHEREAS, K-Mart Corporation, the developer of the K-Mart Building Expansion has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The corporate surety bond from the Aetna Life and Casualty in the amount of $30,000.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $1,500.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 95-24 - A RESOLUTION: AUTHORIZING AN APPROPRIATION FOR STREET TREE EVALUATION AND REMOVAL WHEREAS, The Care of Trees from Herndon, Vir~nia, presented an inventory of street trees to Town Council in September, 1994; and WHEREAS, the inventory listed eight trees that are dead or beyond salvage that should be removed as soon as possible and eight more that should be evaluated for removal; and WHEREAS, the town Engineering and Public Works Department has estimated that the removal of eight trees, the evaluation of eight more and the removal of three of those eight trees evaluated would cost no more than $15,000. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: To ensure the safety of town streets an appropriation of no more than $15,000 is hereby authorized from the unappropriated general fund balance for the purpose of evaluating and removing town street trees. 95-26 A RESOLUTION: ALLOCATING ADDITIONAL FUNDS FOR SPECIAL EVENT ADVERTISING REMAINDER OF FY 95 WHEREAS, events sponsored by the Department of Parks and Recreation enhance the recreational, CO21495 -4- Eleanor German, President of the Fox Chapel HOA, stated she received a letter from VDOT regarding the · Plaza Street extension project and the resident's concerns. VDOT has no intention of changing the plans for this project. She expressed the need for a 16' noise barrier. Elizabeth Gibney, a resident of Fox Chapel, addressed the Town Council expressing concerns with a decrease in property values as a result of the Plaza Street extension. Bob Lorenz, a resident of Lounsbury Court, suggested traffic alternatives for the Catoctin Circle extension. Nancy Jessup, a resident of Fox Chapel, requested a sound barrier or protective fence as well as a planting of trees when the Plaza Street extension is constructed. Sharon WelLs, presented a living history proposal for downtown Leesburg. COUNCILMEMBER COMMENI~ Ms. Emswiller thanked everyone for attending the council meeting and expressed optimisum with regard to working with VDOT on the Plaza Street Extension project. Ms. Emswiller thanked Mayor Clem for the Daffodil Day Proclamation and encouraged the support of the American Cancer Society. Ms. Emswiller referenced an article in a local paper which incorrectly quoted her. Ms. Emswiller clarified that she voted against an application last fall because it was not in conformance with the Town's Comprehensive Plan. She expressed the importance of remaining consistent. Mr. Atwell had no comment. Mr. Webb stated the Plauning Commission has held 3 meetings, to date, on the Town Plan review. He announced the next meeting is scheduled for February 22, 1995 at ? p.m. at the Stonehouse in Exeter. He stated Cable franchise issues are being ironed out. Mr. Buttery commended the Street Department staff for recent snow removal efforts. He asked for the status of the Robinson and Carvale Parks. Mr. Trocino assured the Fox Chapel residents that the council will do everything posm~ole to see that noise protection is addressed at the Fox Chapel Condominiums. He announced that a meeting, regarding a county-wide master plan for the arts, is scheduled next week at the Stonehonse Tea Room. He encouraged citizen interest in the town's newly created Tree Commission. Mr. Trocino asked Council to endorse and move forward on the concept of an H-3 District. Mr. Trocino invited everyone to attend the groundbreaking for the county complex on February 15, 1995. He discussed annexation in the town and asked the council to move forward with the issue. Mr. Trocino requested that the Town Council be informed of emergency situations in the town and asked for a process to inform the Council of such events. MAYOR'S REPORT Mayor Clem attended the VML meeting in Richmond along with other councilmembers, Mr. Brown and Mr. Frank Ratio. He attended the Dodona Manor Ceremony and thanked Powell Harrison and his staff for their efforts in acquiring the necessary funds to take possession of Dodona Manor. Mayor Clem received a letter/questionnaire from VDOT regarding the Route ? entrance to Leesburg~ cloverleaf repair and completion. He stated the funds are now available for construction to begin. Mayor Clem asked Mr. Brown for the status of the Water and Sewer Rate Study? Mr. Brown advised the Mayor that the issue would be on the February 21, Finance Committee agenda for consideration. C0~1495 -3- Ms. Emswiller asked Mr. Mason if there is a current traffic study? Mr. Mason responded there was a study prepared at the preliminaryplat stage for the Exeter Hills subdivision. Ms. Emswiller expressed concern with spending the $12,000 if the town does not intend to connect the current streets. She stated it does not serve the town's citizens well to change a comprehensive plan unless there is an overriding good for everyone. Ma¥~r Clem stated he would vote against the resolution. He considered $12,000 too much money to spend on just two blocks. He added, if a study is to be done it should be done properly, and include all the streets involved. Mr. Atwell stated he would vote against the resolution, but would support a traffic study. Mr. Buttery stated he would also vote against the resolution but believes a study of the area to determine how the town could lessen the impact of traffic is needed. Resolution 10. (e) was not adopted. ~0.(0 MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted. 95-28 - A RESOLUTION: REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO APPROVE SUBSTITUTE HOUSE BILL NO. 1590 TO AMEND THE CODE OF VIRGINIA TO ALrI~ORIZE CERTAIN TOWN TO RAZE CERTAIN BUILDINGS WHEREAS, on December 14, 1993, the Leesburg Town Council adopted Resolution No. 93-239, requesting the Vir~nia General Assembly to amend the Leesburg Town Charter relating to the authority of the town to remove or repair certain fire damaged buildings; and WHEREAS, Delegate Joe May introduced House Bill 50 during the 1994 General Assembly Session in response to this resolution and request for legislative assistance; and WHEREAS, House Bill 50 was not acted upon favorably by the House Committee on Counties, Cities and Towns during the 1994 General Assembly Session and was continued to the 199~ Session; and WHEREAS, House Bill 50 was removed from the 1995 session docket on December 8, 1994; and WHEREAS, Delegate Joe May, Delegate William Mim~ and Senator Charles Waddell introduced House Bill No. 1590 on January 11, 1995, as a modified version of the previous House Bill No. 50; and WHEREAS, an amendment to House Bill No. 1590 in the nature of a substitute was proposed by the House Committee on Counties, Cities and Towns on February 3, 1995, and was subsequently passed by the House of Delegates; and WHERF~S, the substitute House Bill 1590 is presently being considered for adoption by the Virginia Senate during the 1995 Vir~nia General Assembly; and WHEREAS, the Leesburg Town Council held an additional public hearing on February 8, 1995, in accordance with Section 15.1-835 of the Code of Vir~nia, as amended, to consider the requested amendment to the Leesburg Town Charter, and the now substituted House Bill 1590; and WHEREAS, the Leesburg Town Council supports the passage of the 1995 substitute House Bill No. 1590 as being in the interest of the public health, safety and welfare of its citizens: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Council hereby requests that the Vir~nia General Assembly approve substitute House Bill No. 1590 to amend the Code of Virginia to authorize certain town to raze certain buildings as follows: That any town having a population between 16,200 and 20,200 according to the United States census of 1990 in which is located one or more buildings that have been destroyed by fire or natural disaster and have been appraised by a qualified real estate appraiser as having no value, by ordinance, may undertake or contract to raze such buildings at the town's expense. Prior to such razing, written notice shall be sent by certified mail to the owners of such buildings that, after sixty days from the date of the notice, the town may raze the buildings at the town's expense. C021495 -6- historical and cultural opportunities in the town; and WHEREAS, town sponsored events attract a large number of visitors and tourists to the town; and WHEREAS, these visitors provide a boost to town merchants and in turn increase town revenues through meals, lodging and sales taxes; and WHEREAS, adequate advertising is necessary in order to inform the public of events and help insure good'attendance; and WHE~, the town has in place a comprehensive annual advertising program with placement scheduled for town sponsored events; and WHEREAS, due to unexpected losses at past events from rain, the Department of Parks and Recreation cannot guarantee funds for advertising the spring events. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation of $4,000.00 is hereby authorized from the unappropriated general fund balance to be placed in the Department of Economic Development's contractual services account to fund the Department of Parks and Recreation advertising planned for the 1995 Flower and Garden Festival. 95-27 - A RESOLUTION: AU'I~ORIZING A CONSTRUCTION CONTRACT FOR THE MIDDLE TUSCARORA CREI~K SEWER PROJECT WHEREAS, by Resolution 94-90, Council approved establishment of the Middle Tuscarora Creek Sewer project for construction in FY 95; and WHEREAS, this project was duly advertised and a public bid opening held on January 27, 1995, pursuant to local and state public procurement laws; and WHEREAS, the lowest responsive bid was received from H.I. Schneider Construction, Inc., of Cranberry Township, Pennsylvania, in the amount of $334,334.00; and WHEREAS, the town's consultant engineer, CH2M Hill, has reviewed the bids and bidders and found H.J. Schneider Construction, Inc., to be a responsible bidder; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby directed to enter into a contract with H.I. Schneider Construction, Inc., in a form approved by the town attorney, in the amount of $334,334.00 for construction of the Middle Tuscarora Creek Sewer. VOTE Aye: Nay: Absent: lO.(e) DISCUSSION Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd Mr. Webb stressed the need for a study of the entire area. Mr. Buttery_ stated he is interested in lessening the traffic impact in the entire area. He stated he would support the resolution if the funds would be used for more than just a traffic count. Mr. Trocino concurred with Mr. Buttery stating if a study is going to be conducted it should include the impact on the current streets involved. Mr. Atwell asked for a clarification of the traffic study. Mr. Mason defined the traffic analysis. Mr. Atweil asked for details of the engineering study and what can be expected of it. Mr. Mason provided Mr. Atwell with details of the engineering study. Mr. Atwell suggested doing a traffic study first. CO21495 -$- VOTE Aye: Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Absent: Councilmember Umstattd NEW BUSINESS Budget Worksessions will be held every Wednesday at 4:30 p.m., be~nning March 1, 1995. 10.(e) Mr. Trocino suggested giving the town manager direction to amend the town plan to delete the Catoctin Circle connection. Mr. Webb stressed the need to know the best alternative. MOTION On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted as amended by Ms. £mswiHer. 95-29 A RESOLUTION: AUTHORIZING A TRAFFIC STUDY OF TRANSPORTATION ALTERNATIVES IN LEESBURG'S NORTHEAST QUADRANT AND MAKING AN APPROPRIATION WHEREAS, the town's Planning Commission on December 15, 1994, requested Town Council assistance regarding transportation alternatives in the northeast quadrant to effectively accommodate increasing development; and WHEREAS, funds are not included in the current general fund operating budget to provide the necessary traffic study; and WHEREAS, the Council's Planning and Zoning Committee on January 3, 1995, and January 17, 1995, considered the issue of connecting Catoctin Circle, N.E., Marshall Drive, North Street, Queen Street, Washington Street, and Ma)flair Drive through proposed new developments and the effect of such connections on existing residents; and WHEREAS, town staff has prepared the various scenarios for road connection analysis by an engineering consultant. THEREFORE, RESOLVED by the Council in the Town of Leesburg in Vir~nia as follows: SECTION I. The attached scenarios are to be considered by the town's engineering consultant and the traffic consequences of each scenario is to be evaluated. SECTION II. A recommendation is to be provided regarding which scenario is most appropriate. SECTION III. An appropriation of no more than $7,150.00 is hereby authorized from the unappropriated general fund balance to fund this traffic study. VOTE Aye: Nay: Absent: Councilmembers Atwelk Buttery, Emswiller, Trocino, Webb, and Mayor Clem None Councilmember Umstattd MOTION On motion of, and duly seconded, the meeting'was adjourned at 10 p.m. Clerk of Council C021495 -7- fftJames E. Clem, Mayor