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HomeMy Public PortalAbout1996_03_12TOWN COUNCIL MEETING MINUTES OF MARCH 12, 1996 A regular meeting of the Leesburg Town Council was held on March 12, 1996, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present George F. Atwell J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Deputy Town Manager Gary Huff Director of Engineering and Public Works Thomas A. Mason Assistant Town Manager for Economic Development John Henry King Town Attorney George Martin Town Clerk Barbara Markland MOTION On motion of Mr. Buttery, seconded by Mr. Webb, the special meeting minutes of January 17, 1996, January 29, 1996, February 13, 1996, February 19, 1996, February 27, 1996 and the regular meeting minutes of February 13, 1996 and February 27, 1996 were approved as submitted. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Umstattd from 4. a. and c. Councilmember Buttery from 4. b. Councilmember Emswiller from 4.c. PETITIONERS Mr. Nestor Sanchez, presented a rendering of the proposed Dodona Manor Conference Center. Mr. Robert Primack, a resident of 217 Shenandoah Street, addressed the Council in opposition to the proposed rezoning to allow outlet malls and to the proposed draft Town Plan. Mr. Scott Tattina, a business owner in Leesburg, agreed with many of the comments presented by Mr. Primack. He also expressed opposition to the proposed outlet malls. Mr. David Heatwole, representing the Transcendental Arts Counsel, addressed thc Council requesting support for a one year period to allow the artists to work on their art projects. Mr. Heatwole would like to have 2,000 investors investing $100.00 each. Mr. Charles Kaster, addressed thc Council expressing concerns with Cablevision of Loudoun. Ms. Robin Tattina expressed opposition to outlet malls. She stated that Leesburg's scenic beauty is important and asked that the Council preserve Leesburg's beauty. Ms. Laura Lieberman., a resident of Leesburg, expressed opposition to the proposed outlet malls. Mr. Rick DiLese, Director of Programming for Cablevision of Loudoun, spoke of Cablevision's programming and the upcoming programs. COUNCILMEMBER'S COMMENTS Ms. Emswiller thanked all the volunteers who helped with the American Cancer Society's Daffodil Days. She stated over 30,000 daffodils were delivered today. She gave special thanks to Mr. Spike Fields for all of his cftbrts. Ms. Emswiller attended the National League of Cities Congressional Conference where she was appointed to the Community and Economic Development Policy Committee. The LEDC is monitoring the Courts meetings and are very interested in VDOT's new proposals for the Western Bypass. Mr. Atwell had no comment. Mr. Trocino also attended the National League of Cities Congressional Conference in Washington, D.C. He commented on the hard work of the Tree Commission. Ms. Umstattd reminded everyone of the upcoming March of Dimes WalkAmerica event to be held at Ida Lee Park. Mr. Buttery commended the Tree Commission for their work in enhancing and preserving the town green space. He thanked Ms. Emswiller for all of her efforts associated with the American Cancer Socicty. Mr. Webb commented on the serious accusations made regarding Cablevision and asked that Mr. Brown conduct a complete investigation. Mr. Brown stated investigations are already underway. Mr. Webb asked Mr. Brown to verify that only the Dodona Manor Home site is exempt from taxes. MAYOR'S REPORT Mayor Clem welcomed Planning Commission members Mervin Jackson and Blake Thompson to tonight's meeting. He is glad to see the Town Plan has been forwarded to the Town Council. He stated the Town Council has allowed the Planning Commission to do their job. The Town Council has done nothing to taint the Planning Commission's process. He requested a meeting be scheduled between the Town Council, Cable Commission and reprcsentatives of Cablevision op~ Tuesday, March 19, 1996. MANAGER'S REPORT Mr. Brown highlighted the Activity Report. He congratulated Mr. York on the sale of the town's bonds. A record low interest rate of 5.44% was received today. LEGISLATION 9. (c), (d), (e), (f), (g), (h), (i), (j) MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the follewing resolutions were proposed as consent items and adopted. 96-46 RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF LEESBURG INT HE VDOT SIX-YEAR IMPROVEMENTSPROGRAM FOR FISCAL YEARS 1996-1997 THROUGH 2001-2002 WHEREAS, tile Virginia Department of Transportation (VDOT) is rev!sing tile Six-Year Improvements Program for fiscal years 1996-1997 through 2001-2002; and WHEREAS, VDOT will be conducting a preallocation hearing on March 22, 1996 in Fairfax, Virginia 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, Tile Plaza Street Extension project, and the widening of Catoctin Circle from South CO ~,/12/96 -2- King Street to Market Street are already in the VDOT Six-Year plan as Urban System Projects; and WHEREAS, the South King Street widening project which is currently not in the six-year plan should become the town's new third urban system project; and WHEREAS, improvements to the intersection of Sycolin Road and the Route 7/15 bypass, 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; and WHEREAS, the Northern Virginia Transportation Coordinating Council included in its adopted FY 1996 Transportation Improvements Program a project to begin the preliminary engineering phase of the widening of the Route 7/15 bypass from four to six lanes; and WHEREAS, the existing intersection of Sycolin Road and the Route 7/15 bypass has the highest accident rate within the Town of Leesburg;, and 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 establish the following urban system projects as part of its Six-Year plan: PrioriW 2 Project Description Plaza Street Extension from East Market Street to Sycolin Road at Rockbridge Drive, a distance of approximately 2,700'. 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 3,300'. 3 Widen South King Street from Route 621 to south corporate limits to accommodate a four lane divided travelway. 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 Vir~nia, 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 fund and complete construction as soon as possible for the improvements to the Sycolin Road Route 7/15 bypass intersection for the following reasons: The existing signalized intersection at Sycolin Road and the Route 7/15 bypass has the highest accident rate in the Town of Leesburg. Existing turn lanes are far too short to provide adequate storage for turning vehicles resulting in an unacceptable level of service. 3. Sycolin Road south of the Route 7/15 bypass has no turn lanes. 4. Traffic volumes on these major roads continue to increase. The Dulles Greenway opened in the fall of 1995. This new toll freeway connects to the Route 7/15 bypass within 1/2 mile west of Sycolin Road. 6. Improving the traffic safety at this intersection is critical to the regional road network. CO 3/12/96 -3- SECTION IV. VDOT is requested to continue to fund and complete 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: 1. The current interchange is beyond opacity at peak hours and future traffic from local and regional growth continues to escalate traffic problems at this intersection. 2. 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. 3. This project is included in the corridor study submitted by VDOT to the Town of Leesburg and approved by the Leesburg Town Council. 4. Development within the required right-of-way at the southwest quadrant of the interchange is eminent. 5. Acquisition of this right-of-way prior to development of the property will save millions of dollars of tax payers' money. SECTION V. 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: 1. 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. 2. The interim improvements proposed are supported by the VDOT Leesburg Residence Office, the Northern Virginia District Office, the Town of Leesburg and Loudoun County. 3. The timeframe for completion of the complete interchange is too long a period to go without attempting to improve traffic flow and reduce congestion therefore. SECTION VI. VDOT is requested to continue to fund a primary system project to widen the Route 7/15 bypass from four lanes to six lanes and to complete the interchange at Route 15 and the Route 7/15 b~pass for the following reasons: 1. Current traffic volume on the Route 7/15 bypass exceeds 30,000 vehicles per day. 2. Increasing traffic volumes are causing a decrease in safety and level of service along the Route 7/15 bypass. 3. The Dulles Greenway (Toll Road) opened in the fall of 1995 and increasing traffic to the Route 7/15 bypass. 4. Traffic volumes are expected to exceed 70,000 vehicles per day by 2015. 5. The Northern Virginia Transportation Coordinating Council has determined the widening of the Route 7/15 bypass is a needed regional transportation improvement project and has approved funding for preliminary engineering for FY 1997. SECTION VII. VDOT is requested to establish a primary system project to widen the Route 7 bypass and Route 7 from Route 15 to Route 9 for the following reasons: 1. Traffic volumes are increasing annually and are expected to exceed 75,000 by the year 2015. 2. Proposed improvements to Route 9 in West Virginia will increase the capacity of Route 9 up to the stateline and plans to handle the increase in traffic are not yet in place. 3. The Route 9/Route 7 corridor is an important regional transportation link. 4. The accident history on Route 9 warrants major roadway improvements. 5. The free flow nature of the Route 7 bypass must be maintained. 96-47 - RESOLUTION- REQUESTINGTHE VIRGINIA DEPARTMENT OF TRANSPORTATION CO 3/12/96 -4- TO ACCEPT CERTAIN STREETS THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Virginia Department of Transportation (VDOT) is requested to accept into the VDOT arterial and secondary system .74 lane miles of Catoctin Circle (46' width); .54 lane miles of Catoctin Circle (36' width); .26 lane miles of Foxtail Circle (35' width); .44 lane miles of Longfellow Drive (36' width); .14 lane miles of Huntfield Court (30' width); .32 lane miles of Duff Road (32' width); .14 lane miles of Garrison Court (32' width); .08 lane miles of Garrison Court (37' width); .12 lane miles of Ambrosia Place (38' width); .16 lane miles of Fieldstone Drive (38' width); .24 lane miles of Jacob Court (30' width); .32 lane miles of Woodlea Drive (38' width); .86 lane miles of Hague Drive (38' width); .30 lane miles of Meade Drive (38' width); .18 lane miles of Cranwell Place (38' width); .60 lane miles of Hawling Place (38' width); .22 lane miles of Bradfield Drive (44' width); .10 lane miles of Lasswell Court (31' width); .60 lane miles of Greenway Drive (80' width); .40 lane miles of Nickels Drive (30' width); .20 lane miles of Chaucer Place (37' width); .22 land miles of Chatfield Court (36' width); .18 lane miles of Bails Bluff Road (37' width); .24 lane miles of Battlefield Parkway (39' width), as listed on the accompanying Form U-1 in accordance with the requirements of Section 33.1-41.1 of the 1950 Code of Virginia, as amended. 96-48 - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE PLAZA STREET EXTENSION PROJECT IN THE TOWN OF LEESBURG FROM EAST MARKET STREET TO SYCOLIN ROAD WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Year 1995-1996 through 2000-2001 for urban highways includes an allocation of Urban funds for construction of the Plaza Street Extension project in the Town of Leesburg and identified as Projects U000-253-V02, PE101, RW201, C501, B601 and 15602; and WHEREAS, the Commonwealth Transportation Board has awarded a contract for the construction of the Plaza Street extension to Shirley Contracting Corporation; and WHEREAS, the town and VDOT desire to construct the projects as expeditiously as possible and to have VDOT administer and manage the construction phase of the project; and WHEREAS, VDOT requires the execution of an agreement between the town and VDOT for project cost; and WHEREAS, the agreement proposed by VDOT has been reviewed by the Deputy Town Attorney; and WHEREAS, the town share of the construction cost is 2%; and WHEREAS, once VDOT has completed the project, VDOT will convey the right-of-way and completed road improvements to the town. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to sign the agreement with VDOT in a form approved by the Deputy Town Attorney for the construction of the Plaza Street Extension as identified above. 96-49 RESOLUTION - AUTHORIZING AN ADDITIONAL TIME EXTENSION FOR EXECUTION OF AN AGREEMENT AND PROVIDING A PERFORMANCE GUARANTEE FOR THE PUBLIC IMPROVEMENTSIN THE STAR PONTIAC STORAGE FACILITY WHEREAS, a gravel vehicle storage facility was created over five years ago without benefit of an approved development plan as required by the town's Subdivision and Land Development Regulations and Zoning Ordinance; and WHEREAS, subsequently a development plan was submitted and approved by the Planning Commission; and WHEREAS, the Council by Resolution No. 89-231 authorized an agreement and performance guarantee in the amount of $80,250.00 for public improvements associated with the development plan; and CO 3/12/96 -5- WHEREAS, a phasing plan was approved which limits the area for vehicle storage, provides the installation of substantial landscaping to screen the lot from adjacent residential property and creates a swale to improve drainage in the area; and WHERBAS, the Council by Resolution No. 90-192 approved the phasing plan and a performance guarantee in the amount of $21,000.00 to guarantee the installation of the landscaping and swale;and WHEREAS, the owner provided a letter of credit from Farms and Merchants National Bank in the amount of $21,000.00 for Phase I to guarantee the installation of Phase I improvements; and WHEREAS, the installation of the landscaping fence and swale has been completed and approved; and WHEREAS, pursuant to Council Resolution No. 90-123 adopted July 25, 1990 the owner was required to enter into an agreement to complete all public improvements and provide the $80,250.00 performance guarantee approved by Resolution No. 89-231 on or before January 25, 1991; and WHEREAS, because of economic conditions, the Town Council adopted Resolution 91-38, 92-53, 93-26 and 94-24 authorizing time extensions to January 25, 1996; and WHEREAS, the additional landscaping required by Council Resolution 92-53 to be installed adjacent the Lininger property was completed; and WHEREAS, the owner has requested an additional two year time extension because of poor economic conditions. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: A two year time extension for execution of the contract for installation of public improvements (PC-2) and approving a performance guarantee is hereby approved. Therefore, on or before January 25, 1998, the owner shall be required to enter into the agreement and provide the performance guarantee as authorized pursuant to Resolution No. 89-231 or remove all vehicles fi'om the gravel vehicle storage area. 96-50 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN THE WOODLEA MANOR, PHASE 2A WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Woodiea Manor Section 2A and certified that the value of the work performed is $785,942.00; and WHEREAS, a letter of credit in the amount of $1,131,658.00 from NationsBank was provided by the developer and approved by the Council to guarantee installation of public improvements for Woodiea Manor Phase 2A. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from NationsBank in the amount of $1,131,658.00 is reduced to $345,716.00. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Woodiea Manor Section 2A. 96-51 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT GREENWAY FARM SECTION 2 WHEREAS, Trafalgar House, the developer of Greenway Farm Section 2 has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the American Home Assurance Company in the amount of $84,120.00 is released, a new security in a form approved by the town attorney for a CO 3/12/96 -6- maintenance guarantee in the amount of $21,030.00 is approved, and shah 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 aH such improvements and easements free of any liens or charges. 96-52 - RESOLUTION - WAIVING POLICE SERVICE FEES FOR THE AMERICAN RED CROSS WHEREAS, the American Red Cross Loudoun County Chapter held a fund-raising event in September 1996; and WHEREAS, the fund-raising activities proved to be unsuccessful; and WHEREAS, the Chapter has encountered a financial drain over the past months due to the severe winter; and WHEREAS, the Chapter has requested a fee waiver of $1,200 for police services: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to waive police service fees in the a mount of $1,200 for the American Red Cross Loudoun County Chapter. 96-53 - RESOLUTION - WAIVING FEES FOR THE MARCH OF DIMES WALKAMERICA WHEREAS, the March of Dimes has scheduled its third annual WalkAmerica Walk-a-thon for April 28, 1996, in Leesburg; and WHEREAS, the March of Dimes has requested waiver of fees for police services and park rental; and WHEREAS, Town Council has waived such fees in past years: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to waive police service fees in the amount of $1,200 and Ida Lee Park rental fees in the amount of $100. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino from 9.(h) 9. (aT was referred to the March 2,0~ 1996 Finance Committee agenda for further consideration. MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted. 96-54 - RESOLUTION - INITIATING AN AMENDMENT TO SECTION 13-75(c}(.2} OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING COMMON PARKING COURTS WHEREAS, the Town of Leesburg seeks to provide a safe and efficient transportation system serving automobiles, pedestrians and bicycle traffic in all sectors of the community; and WHEREAS, common parking courts do not meet the same road standards as that of public streets within the Town; and WHEREAS, traffic flow on a common parking court can be increased without the requirement of comparable street design improvements; and WHEREAS, the Town has no explicit performance criteria for evaluating requests for variations to Section 13-75(c)(2) allowed under the current regulations; and CO 3/12/96 -7- WHEREAS, the Town has received numerous complaints from citizens concerning common parking courts, including but not limited to, road maintenance and snow removal, and safe and convenient school bus pickup of children; and WHEREAS, a majority of the Planning Commission believes that only single-family attached dwellings should be allowed on a common parking court; and WHEREAS, amendment of this provision of the Leesburg Subdivision and Land Development Regulations is in the best interest of the public necessity, convenience, general welfare and good planning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An amendment to Section 13-75(c)(2) of the Town of Leesburg Subdivision and Land Development Regulations to eliminate language which would allow single-family detached and two- family dwellings on common parking courts and further to create road design considerations for use on common parking courts which exceed a certain traffic volume is initiated. This amendment is referred to the Planning Commission for a public hearing and recommendation under Chapter 11, Title 15.1-431 of thc Code of Virginia, as amended. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None FOR DISCUSSION ONLY: Western Transportation Corridor Study Mr. Brown pointed out that the Loudoun County Board of Supervisors has adopted the Rivercreek Parkway, Route 653, as the corridor they would like to have studied. Mayor Clem asked that staff obtain the county's legislation and forward it to the Town Council. Mr. Atwell stated he was unaware of the county's adoption of legislation for a corridor preference. He pointed out that the power line corridor runs right beside the corporate limits of the Town of Leesburg and should this town annex the urban growth area that corridor would be annexed into the Town of Leesburg. There seems to be a continuing falling down of coordination between the various agencies that need to be involved. This matter was referred to the March 19, 1996 Administration and Public Works Committee for further consideration and discussion. MOTION: On motion of; and duly seconded, the meeting was adjourned at 9:00 p.m. Clerk of Council J//a/mes E. Clem, Mayor CO 3/12/96 -8-