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
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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.
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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
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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
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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
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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
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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
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