HomeMy Public PortalAbout1995_07_11TOWN COUNCIL MEETING MINUTES OF JULY 11, 1995
A regular meeting of the Leesburg Town Council was held on July 11, 1995, at 7:30 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the
Mayor.
INVOCATION was given by Councilmember Webb
SALUTE TO THE FLAG was led by Town Manager Steven C. Brown
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jewell M. Emswiller (arrived at 7:50 p.m.)
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb, Jr.
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Director of Planning. Zoning and Development Michael Tompkins
Contracts Administrator Barry Thompson
Planner Marilee Seigfiied
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the regular Town Council meeting minutes of June
27, 1995 were approved as submitted.
VOTE
Aye: Councilmembers Atwell, Buttery, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Absent: Councilmember Emswiller
PETITIONERS
Mr. Jeff Kruse, a resident o(~!2 Halifax Place, S.E., addressed the Council with regard to the Plaza
Street extension project. He stated that his house will be 25 feet away from the proposed four-lane road.
Several large Oak trees will have to be removed. He asked the Council to consider eliminating the
temporary road.
Mr. Hub Turner, a resident of 1107 Bradfield Drive, S.W., addressed the Council with regard to the Ours
property land acquisition. He asked that the Council specify how much of the town's funds will go
toward this project. Mr. Turner also suggested that the Council agenda itemlbe more specific in their
descriptions. Mr. Turner commended Zoning Administrator Scott Johnson on his staff report regarding
the appeal of the proper interpretation of #ZM-134 Harper Park aka Potomac Station.
Ms. Carol Lee Hawkins, a resident of 614 Rockbridge Drive, S.E., addressed the Council with regard to
the Plaza Street extension. Ms. Hawkins asked that the Council do away with the temporary road.
Mayor Clem asked that Mr. Brown address the issues and concerns of the residents in Silver Oaks with
regard to the temporary road.
PUBLIC HEARING: To consider Special Exception #SE-95-04 Automotive Machine Shop, Inc.
Ms. Seizfi'ied addressed the Coundl presentiag ~ staff report
No public comment was received. Mayor Clem closed the public hearing.
MOTION -
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted.
95-149 - RESOLUTION - APPROVING SPECIAL EXCEPTION APPLICATION #SE-95-04 FOR
B&B AUTOMOTIVE MACHINE SHOP, INC. BY CHARLES ARONHALT AND
BILLY GRIFFITH
WHEREAS, Charles Aronhalt and Billy Griffith have requested a special exception to allow
B & B Automotive Machine Shop, Inc. to locate in the B-2 zoning district at $05-A Industrial Court S.E.;
and
WHEREAS, vehicle and equipment service facilities arc special exception uses in thc B-2 zoning
district; and
WHEREAS, on July 6, 1995, the Leesburg Planning Commission recommended conditional
approval of this application to Council; and
WHEREAS, the Council held a public hearing on July 11, 1995 to consider this application; and
WHEREAS, the proposed use is compatible with surrounding land uses and zoning, and meets
the review criteria set forth in the special exception regulations.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special Exception application #SE-95-04 B & B Automotive Machine Shop, Inc.
identified as Tax Map 48K, Block 10, Parcel 4 in the land records of Loudoun County, Virginia, is hereby
approved subject to the following conditions:
The existing paved parking lot be striped to identify individual parking
spaces prior to obtaining an occupancy permit.
Facilities shall not include an outdoor storage area for more than four
(4) abandoned, wrecked or inoperable vehicles for more than one week,
subject to the limitation that there shall be no wrecking or sale of said
vehicles or part(s) thereof. AH automotive parts shall be stored inside
the building.
SECTION II. Special exception approval does not authorize modifications to any requirements
of the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or
the Zoning Ordinance unless specifically set forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Matt McQuary, Ben Bowman and Eric Brown, of 16 Union Street, N.W., Route 2, Box 73 and 112 Wirt
Street, S.W., respectively, addressed the Council with regard to banning skateboarding and rollerblading
on town streets.
Mr. James McOuarv, a resident of 16 Union Street, N.W., addressed the Council with regard tb playing
and skateboarding/rollerblading on town streets. He asked that the town "lighten up' on the children.
COUNCILMEMBER COMMENTS
Mr. Webb made no comment.
Mr. Buttery commended the Parks and Recreation Department for an outstanding display of fire works
on thc 4th of July.
He stated the new public safety center process is on-going. Interviews of architectural firms is underway
and a selection should be made in a few days.
CO 7/11/95 -2-
He asked that the issue of sidewalks be placed on the agenda for the Special meeting of July 28 and that
the Council move forward to link the town from the north, south, east and west.
Ms. Umstattd echoed the comments of Mr. Buttery. In addition, Ms. Umstattd wished Councilman
Trocino a Happy 50th Birthday. Ms. Umstattd welcomed the town's new Assistant Town Manager for
Economic Development, John Henry King, aboard.
Mr. Trocino echoed Mr. Buttery's comments regarding the 4th of July.
Mr. Trocino commended the Mayor on his letter of condolence to the Mayor of Oklahoma City.
He commended Detective William Potter and asked that a certificate of appreciation be presented to Mr.
Potter.
Mr. Trocino also welcomed John Henry King to the town's employment.
Mr. Atwell reported on the accomplishments of the Library Board.
He stated that former Councilmember John W. Tolbert, Jr., will be celebrating his 90th Birthday on July
12, 1995.
Mr. Atwell stated, as Chairman of the town's Finance Committee, he has not seen a printed budget since
its adoption. He requested a written response as to why the delay has occurred.
Ms. Emswiller echoed the comments made regarding the 4th of July. She also welcomed John Henry
King to the town's employment. Ms. Emswiller stated she is nearing the completion of her first year as
a Leesburg Town Council person and feels that the Council and town is moving forward in a positive
direction.
MAYOR'S REPORT -~¥ ~
Mayor Clem commented on ttle excellent display of fireworks on the 4th of July.
He commended Chief KidWe~'O~!his retirement.
He stated that a youth seminar' will be held in September at Landsdowne in which many issues regarding
the future of our youth will be addressed.
Mayor Clem also welcomed John Henry King.
MANAGER'S REPORT
Mr. Brown briefly highlighted issues referenced in the Activity Report.
LEGISLATION
10. (a)and 10. (i)
Ms. Emswiller requested t~o items
the commissions.
Mr. Webb expressed the
commissions.
be deferred for a short period of time' in. order to standardize
importance of making the reappointments and/or appointments to the
10. (b), (c), (d), (e), (f), (g)
MOTION
On motion of Mr. Webb, seconded by Mr. Trocino, the following legislation was proposed as consent
and unanimously adopted.
95-150 - RESOLUTION - AUTHORIZING A STREET MAINTENANCE PLAN FOR FY96
WHEREAS, the FY 1995 budget appropriated $330,000 for street resurfadng, street milling and
concrete repairs; and
CO 7/11/95 -3-
WHEREAS, the Director of Engineering and Public Works has recommended specific streets
to be included for work in FY96 and listed these in a memorandum dated June 30, 1995.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The street resurfacing program outlined in a memorandum t° the Council dated June 30, 1995
in the priority listed, is approved.
95-151 - RESOLUTION - AUTHORIZING AN AGREEMENT AND WATER AND SEWER
EXTENSION PERMITS FOR EXETER'S FIRST ADDITION
WHEREAS, Town Council Resolution #95-144 adopted on June 27, 1995 approved a corporate
surety bond from American Motorists Insurance Company in the amount of $467,995.99 as security to
guarantee installation of the public improvements shown on the plans approved by the Director of
Engineering and Public Works for Exeter's First Addition; AND
WHEREAS, the developer, Richmond American Homes, now wishes to proceed with installation
of the public improvements without providing a performance guarantee; and
WHEREAS, the final plat for Exeter's First Addition cannot be recorded until all the public
improvements are completed and accepted by the Town Council or a performance guarantee acceptable
to the Town Council is provided by the developer; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements without a
performance guarantee, with Richmond American Homes for the improvements shown on the plans
approved by the Director of Engineering and Public Works for Exeter's First Addition.
SECTION II. The' extension of municipal water and sewer for Exeter's First Addition is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. Town Council Resolution #95-144 adopted by the Leesburg Town Council on
June 27, 1995 is hereby rescinded.
95-152 - RESOLUTION- AUTHORIZING MODIFICATIONS TO THE PROPERTYACQUISITION
AGREEMENT BETWEEN THE TOWN OF LEESBURG AND BRIAN P.
OURS
WHEREAS, Resolution No. 95-141 authorized the extension of the closing date on the above
referenced property for the Leesburg Municipal Airport; and
WHEREAS, Brian P. Ours requires that modifications be made to the agreement with the town
in order for an additional time extension to be granted; and
WHEREAS, closing on the property is anticipated by the end of July 1995:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Council hereby authorizes the following modifications to the property
acquisition agreement between the town and Brian P. Ours.
A. The Town of Leesburg shall be responsible for the tax obligations on the property
effective July 1, 1995 until closing or 90 days from July 1, 1995 which ever comes first.
B. An eight percent (8%) interest carry shall be effective August 1, 1995 until closing or 90
days from August 1, 1995 whichever comes first.
SECTION II. The above shall be incorporated into a modified agreement, in a form approved
by the Town Attorney, and executed by the Town Manager.
DISCUSSION
Mr. Buttery expressed concern with the legislation being open-ended and asked that a term of finality
be inserted in the legislation.
CO 7/11/95 -4-
Mr. Atwell stated he will support Mr. Buttery's amendment, however, this has been an on-going project
for at least two years and unless the Town Council decides to be very strong in its motives to bring this
deal to a closure then how many more time limits will the town be faced with? Mr. Atwell stated that
he feels if the legislation is open-ended then it will be incumbent of this Council to see that closure does
take place.
Mr. Webb seconded Mr. Buttery's amendment.
95-153 - RESOLUTION - MAKING AN APPROPRIATION FOR INSTALLATION OF
PEDESTRIAN CONTROL SIGNALS AT THE INTERSECTION OF MARKET
STREET AND KING STREET
WHEREAS, the intersection of Market Street and King is used by significant volumes of both
vehicular and pedestrian traffic; and
WHEREAS, installation of pedestrian control signals will improve pedestrian safety at this
important intersection; and
WHEREAS, installation of pedestrian control signals at this intersection is estimated to cost an
additional $11,975.00; and
WHEREAS, remaining funds for this project are included in the approved FY 1993 budget; and
WHEREAS, the town's unappropriated General fund balance contains sufficient funds to cover
the additional cost of this transportation system improvement project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The capital projects funds budget for the fiscal year ending June 30, 1993 is hereby
amended to provide an additional $11,975.00 from the unappropriated General fund balance for
construction of pedestrian control signals at the intersection of Market Street and King Street.
SECTION II. An appropriation is made in the amount of $11,975.00 to the Highways Capital
Projects Funds account 902-9217-700-725 and will remain in effect until the project is completed.
95-154 - RESOLUTION - AWARDING A CONSTRUCTION CONTRACT FOR THE ROUTE 15
BYPASS WIDENING, PHASE 2 PROJECT
WHEREAS, the town Capital Improvement Program includes a project providing for widening
to four lanes the remaining two-lane portion of the Route 15 Bypass, a transportation system
improvement designed to enhance traffic safety and efficiency; and
WHEREAS, funding for this project is provided by gas tax funds and proffered transportation
funds; and
WHEREAS, bids were solicited and received on June 16, 1995 under Section 8.1, Competitive
Sealed Bidding, of the Leesburg Purchasing Regulations for the construction of these improvements; and
WHEREAS, the bids were evaluated pursuant to the bid documents, Town Purchasing
Regulations and the Virginia Public Procurement Act, and a recommendation of award has been made
by town stag and
WHEREAS, Shirley Contracting Corporation is the lowest bidder and has been declared to be
both responsible and responsive.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in virginia as follows:
SECTION II. The Town Manager is authorized and directed to execute, on behalf of the town,
a lump sum contract with Shirley Contracting Corporation for the contract amount of $1,386,500 for
construction of the Route 15 Bypass Widening, Phase 2 project.
SECTION II. A transfer from proffered transportation funds in the amount of $386,000 is
authorized for the construction of this project, to Highway Capital Project Account #902-9208.
95-155 - RESOLUTION - AWARDING A CONSTRUCTION CONTRACT FOR THE EDWARDS
FERRY ROAD IMPROVEMENTS/CATOCTIN CIRCLE EXTENSION PROJECTS
CO 7/11/95 -5-
WHEREAS, the town Capital Improvement Program includes projects providing for the Edwards
Ferry Road Improvements and Catoctin Circle Extension, transportation system improvements designed
to enhance traffic safety and efficiency; and
WHEREAS, the Catoctin Extension is funded by VDOT Urban System Funds as part of the
VDOT Six-Year Improvements Program; and
WHEREAS, bids were solicited and received on June 9, 1995 under Section 8.1, Competitive
Sealed Bidding, of the Leesburg Purchasing Regulations for the construction of these improvements; and
WHEREAS, the bids were evaluated pursuant to the bid documents, Town Purchasing
Regulations and the Virginia Public Procurement Act, and a recommendation of award has been made
by town staff; and
WHEREAS, Gull Corporation is the lowest bidder and has been declared to be both responsible
and responsive.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Manager is authorized and directed to execute, on behalf of the town,
a lump sum contract with Gull Corporation for the contract amount of $516,087 for construction of the
Edwards Ferry Road Improvements and Catoctin Circle Extension projects.
SECTION II. An appropriation from the unappropriated general fund in the amount of $49,324
is made to Highway Capital Project Account 902-9203-700 for the Edwards Ferry Road Improvements.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
NEW BUSINESS
11. O)
MOTION
On motion ot; and duly seconded, thc following resolution was proposed and adopted.
95-156 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR WATER AND SEWER EXTENSION
PERMITS FOR LEESBURG PARK
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 thc plans approved by the Director of Engineering and Public Works for
Leesburg Park.
SECTION II. The extension of municipal water and sewer for Leesburg Park is approved in
accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from the
Westchester Fire Insurance Company in the amount of $537,941.80 is approved as security to guarantee
installation of the public improvements shown on the plans approved by the Director of Engineering and
Public Works for Lecsburg Park.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Trocino
Exeter Hills Section 5-A Final Plat - Mr. Brown reviewed the staff memo.
Mayor Clem pointed out that this is a Planning Commission issue.
CO 7/11/95 -6-
Mr. Webb stated the Planning Commission is requesting guidance from the Town Council. The Town
Council needs to know how many dollars and homes will be involved. There have been estimates of
several million dollars which have not been appropriated into the budget. The Planning Commission has
no authority to authorize the expenditure of any town funds. It is a Council function.
Ms. Emswiller stated the Planning Commission 'is established by state law. One of the duties of a
Planning Commission is to rule on subdivisions. If a developer or applicant is not happy with how the
Planning Commission rules at subdivision level, there is a way of recourse which is not through the Town
Council. The applicant's recourse is through the Circuit Court for relief. "I was concerned when this
was brought before the Town Council because it is a legal issue that the Council is not to be involved
in because it is a Planning Commission issue. The Town Council had a study prepared to determine the
best scenario to handle the streets in this area. An expert was hired and returned with a
recommendation of Alternate 1 which is in the Town Plan - which opens all the streets in the northeast
section of Leesburg. Mr. Mason is now in the process of determining what the cost will be to make the
improvements within the right-of-way which the town already has. The Planning Commission has a
responsibility by state law to make a decision. The Planning Commission can either deny the application,
approve the application or approve the application with conditions. It is not the Town Council's
responsibility." Ms. Emswiller suggested the Planning Commission do what they are supposed to do with
the application.
Mr. Webb asked Ms. Emswiller if she was stating that the Town Council has authorized the Planning
Commission to spend tax dollars?
Ms. Emswiller stated, "no that is not what. I said. The Planning Commission has a responsibility by state
law to rule on subdivisions and that is what this application is.'
Mr. Webb stated this goes beyond what the Planning Commission has the authority to do.
Ms. Emswiller stated the Council agreed with that months ago and paid to have a study prepared, took
the recommendation and now is in the process of determining the cost of the street improvements.
Mr. Mason stated staff will have a draft of the cost by Thursday.
Ms. Emswiller stated that she expected the Planning Commission to make a decision on Thursday.
On motion ot; and duly seconded, the meeting was adjourned at 8:50 p.m.
Clerk of Council
//~mes E. Clem, Mayor
co ?/Xt -7-