HomeMy Public PortalAbout1996_04_09TOWN COUNCIL MEETING MINUTES OF APRIL 9, 1996
A regular meeting of the Leesburg Town Council was held on April 9, 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 (absent)
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Acting Town Manager Gary Huff
Director of Finance Paul E. York
Director of Engineering and Public Works Thomas A. Mason
Assistant Town Manager for Economic Development John Henry King
Chief of Police Keith Stiles
Public Information Officer Susan Farmer
Planner Brian Boucher
Town Attorney George Martin
Town Clerk Barbara Markland
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the special meeting minutes of March 26, 1996 and
the regular meeting minutes of March 26, 1996 were approved as submitted.
VOTE:
Aye: Councilmembers Atwell, Buttery, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Trocino from 4. a.
Absent: Councilmember Emswiller
PROCLAMATION:
MOTION:
On motion of, and duly seconded, the following proclamation was proposed and unanimously adopted.
A PROCLAMATION
PROCLAIMING APRIL 22, 1996 AS
TAE KWON DO DAY
WHEREAS, Tae Kwon Do dates back approximately 5000 years and is considered to be among
the oldest of the martial arts; and
WHEREAS, before weapons were developed, it was necessary for people to defend themselves
by unarmed means, using their hands and feet; and
WHEREAS, as time progressed, organization of the martial arts was increased, and although the
martial arts were traditionally used for defense purposes, due to the aggressive nature organized
competition matches developed as well; and
WHEREAS, the forms and movements of animals were mimicked to develop defensive and
offensive methods and were integrated into Tae Kwon Do; and
WHEREAS, many of the masters of Tae Kwon Do became interested in converting the martial
art into a national sport; and
WHEREAS, Korean tbrms of Tae Kwon Do were purified to return to the traditional and
ancient T~e Kwon Do unarmed form, discipline and techniques; and
WHEREAS, this resulted in the formation of the Tae Soo Do Association in September 1961
and Tae Kwon Do soon became recognized as the national sport of Korea; and
WHEREAS, on September 28, 1994 the International Olympic Committee ruled that Tae Kwon
Do become an official Olympic Sport at the Olympic Games in Sydney, Australia in 2000:
BE IT THEREFORE RESOLVED, that the Mayor and Council of the Town of Leesburg hereby
recognizes April 22, 1996 as Tae Kwon Do Day.
VOTE:
Aye: Councilmember Atwell, Buttery, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Absent: Councilmember Emswiller
MOTION:
On motion of Mr. Trocino, seconded by Ms. Umstattd, the five minute rule for petitioners was adopted
by unanimous vote.
PETITIONERS
Mr. Richard Herndon, Cable Commission Chairman, addressed the concerns previously raised regarding
Cablevision of Loudoun.
Mr. Chuck Jones., requested Town Council assistance with availability fees on a property located in the
Linden Hill Subdivision.
This matter was referred to the April 16, Planning and Zoning Committee for further consideration.
Mr. David Heatwole, representing the Transcendental Arts Council, provided the Council with a copy
of a letter from Turner Ashby High School. Mr. Heatwole requested this type of letter be provided by
the Leesburg Town Council in support of the Transcendental Arts Council.
This matter was referred to the April 16, Administration and Public Works Committee for further
consideration.
Mr. Max Kipfer, representing Cablevision of Loudoun, addressed the Council stating he will personally
guarantee that all issues will be addressed. He expressed concern with the way the last Cable
Commission meeting was handled. He stated he has written a letter to Mr. Brown and Ms. Farmer
addressing this matter.
Mr. Bob Twigg, a resident of 127 Harrison Street, addressed the courts complex issue and asked that the
process be slowed down. He stated that this process must include people who live in the historic district
and surrounding area that will be affected. He agrees that an expansion is needed.
Mr. Galen Wixon, a resident of Church Street, expressed concern with the size of the proposed county
courts complex. He understands the need to expand but does not understand the rush. He encouraged
the Town Council to receive input from surrounding neighbors.
Nancy_ Guzik, representing the Tree Commission, addressed the Council requesting the Town Council
establish funds in the town's budget for the Tree Commission. Ms. Guzik requested that an arborist be
hired and that the Council establish capital improvement projects for street tree planting and
citizen/community education.
Mr. Howard Pike, a resident of Loudoun County, addressed concerns regarding the cable company.
Ms. Laura Saunders, a downtown business owner, stated the new name for the downtown business group
is the Old Town Leesburg Association. She spoke briefly on what the new group is working on, which
will include a Loudoun County employees Welcome Packet.
Mr. R. W. Blake expressed concern with the delay of installation of the traffic lights at Route 621 and
Route 15 and at the intersection of Plaza Street and Edwards Ferry Road.
Mr. Bob Primack requested funding for the Tree Commission.
PUBLIC HEARING: To consider the proposed Budget for Fiscal Year July 1, 1996-June 30,
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1997/proposed real property tax increase - Mr. Huff presented the staff report.
Mayor Clem asked that a slide presentation be presented at the next Town Council meeting.
Ms. Becky Ottinger, YMCA President, requested continued support for the YMCA's Outreach Programs.
Ms. Sally Testa, representing the Loudoun Tourism Council, requested the town's continued support of
$33,000. In addition, Ms. Testa requested an additional $8,000 for the town's share of the Challenge
Grant.
Ms. Cheryl Kilday, representing the Loudoun Tourism Council, also requested the town's continued
support for funding.
Mr. Bob Primack, expressed concern with the proposed tax rate and how it is going to be managed. He
asked that the Council consider removing the Tuscarora Creek Improvements project from the CIP.
Mr. Jeff Frazee, representing the Loudoun County Rescue Squad, requested the town's continued
support of $40,000 and requested an increase of $12,000.
Mr. Frank Ratio commented on the proposed budget and CIP, citing page 11 of the budget.
The Mayor closed the public hearing.
COUNCILMEMBER'S COMMENTS
Mr. Atwell recognized Master Choi and the U.S. Tae Kwon Do Academy as an effective business in the
Town of Leesburg.
He requested a detailed project report and timeline for when the two projects that Mr. Blake mentioned
will be completed.
With regard to the proposed judicial center. Mr. Atwell referenced the staff report dated March 25,
which was adopted by the Judicial Center Task Force and will be forwarded to the Board of Supervisors
on April 17. "The report has gone far beyond what the courts and the judges asked for with respect to
a judicial facility. They did not ask for enforcement, incarceration or any of the ancillary facilities that
have been tacked on to this project. They asked for a judicial center that was secure and in good repair
and sufficient in size. The report being recommended by unanimous vote contains a new court building
which meets the court's needs for space and separation of function and construction of a new jail. The
report further urges the town to initiate a transportation plan and to implement improvements using town
funds. The task force voted that this plan be completed by May 15, 1996."
Mr. Atwell asked the following questions:
What impact will a 200,000 SF - 400,000 SF monolith have on historic Leesburg?
Traffic?
Do we want a 100 - 200 - 400 bed jail in downtown historic Leesburg?
How much is it going to cost the Town of Leesburg?
He asked that a review committee be created to include adequate Leesburg citizen representation to
examine the Judicial Center Task Force recommendations and that the Council employ what experts are
necessary in addition to traffic engineers to study the impact of the mass project approach and to develop
alternatives suggested by professional documentation. The Town needs to be in a position to respond
to the Board of Supervisors before action is taken by the Board.
Mr. Trocino concurred with Mr. Atwell's comments and petitioner Bob Twigg's comments as well. He
stated there are a number of unanswered questions. The Town Council needs to pay close attention to
this matter.
Mr. Trocino expressed support in funding for the Tree Commission and a full-time arborist.
Ms. Umstattd expressed support of Mr. Atwell's initiatives for a courts complex committee. She stated
she hopes the town would not financially subsidize the courts complex.
Ms. Umstattd congratulated Mr. Steve Layman, for his hard work and efforts on becoming an Eagle
Scout and for single~handedly organizing a food drive on behalf of Interfaith.
Mr. Buttery suggelted the Town Council consider the creation of a Post Review Status Committee and
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asked that this matter be placed on the next committee agenda.
Mr. Webb agreed with Mr. Atwell's comments regarding the courts complex. He thanked Mr. Herndon
for his comments regarding the Cable Commission and Cablevision of Loudoun.
Mr. Webb asked staff to look into the cost of canopies in areas of the town's parking garage to keep
snow and rain from entering the garage.
MAYOR'S REPORT
Mayor Clem asked that a portion of the April 23, 1996 Town Council meeting be set aside for a slide
presentation on the proposed budget.
He questioned weather or not the Catoctin Circle/Market Street project would be completed by the end
of April.
He pointed out that a briefing from the Judicial System Task Force will be held on April 16, 1996.
He asked that the Town Council begin thinking about appointments to the courts complex committee.
MANAGER'S REPORT
Mr. Huff briefly highlighted the Activity Report.
LEGISLATION
11. (a)
MOTION:
On motion of Mr. Webb, seconded by Mr. Trocino, the following ordinance was proposed and
unanimously adopted.
96-0-10 ORDINANCE AMENDING THE LEESBURG SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS TO ESTABLISH AN ADMINISTRATIVE REVIEW
AND APPROVAL PROCESS FOR FINAL PLATS AND PLANS
WHEREAS, the Economic Development Commission requested the Planning Commission to
consider certain modifications to the development review process for the purpose of expediting the
process; and
WHEREAS, the Planning Commission agreed in concept, that approval of preliminary
development plans and subdivision plats should remain the responsibility of the Planning Commission
and approval of final development plan and subdivision plats should be approved administratively; and
WHEREAS, on June 13, 1995, the Town Council initiated a study of the plan review process
to evaluate the recommendations of the Economic Development Commission; and
WHEREAS, the Planning Commission held a public hearing on November 16, 1995, pertaining
to draft amendments to establish an administrative approval process; and
WHEREAS, the Planning Commission forwarded the proposed amendments to the Town
Council with a favorable recommendation on January 4, 1996; and
WHEREAS, the Town Council held a public hearing on these amendments on February 13, 1996;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. Leesburg Subdivision and Land Development Regulations Sections 13-53(b), 1_3-
55.1; 13-55.2; 13-57(various sections); 13-60(various sections); 13-61; 13-61(b); 13-62(various sections);
13-68(a); 13-68(d); 13-69(various sections); 13-70(various sections); 13-89(various sections); 13-90(c); 13-
90(d); and 13-99(c) are hereby amended as shown in Attachment 1 dated April 5, 1996.
SECTION II. Any preliminary plat or plan which the Town Land Development Official has
accepted for review prior to the effective date of this ordinance shall be vested in the subdivision and
land development regulations of the Town regarding minimum submission requirements at the time the
aforementioned preliminary plat or plan was filed.
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SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not effect the validity of ordinance as a whole or any remaining
provisions of the Subdivision and Land Development Regulations.
SECTION IV. All prior ordinances in conflict herewith are hereby replaced.
SECTION V. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmember Atwell, Buttery, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Absent: Councilmember Emswiller
11. (b), (c), (d), (e), (g), (h), (i), (j)
MOTION:
On motion of Mr. Webb, seconded by Mr. Trocino, the following resolutions were proposed as consent
items and adopted.
96-63 RESOLUTION MODIFYING THE ZONING ADMINISTRATOR'S PROFFER
DETERMINATION BY ACCEPTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION COMMITMENT TO CONSTRUCT THE INTERSECTION
IMPROVEMENTS AT THE ROUTE 7/15 BYPASS AND SYCOLIN ROAD
WHEREAS, on September 26, 1990, the Town Council approved #ZM-116, Ordinance No.90-0-
26 approving the rezoning for Stratford in Leesburg, such ordinance was subsequently modified and
amended by #ZM-130, Ordinance No.91-0-32 dated July 31, 1991, and #ZM-138, Ordinance No.94o0-17
dated May 31, 1994 (collectively referred to as the "Stratford Rezoning"); and
WHEREAS, subsequent to the approval of the "Stratford Rezoning", VDOT committed to fully
fund and construct certain improvements to Sycolin Road at its intersection with the Route 7/15 Bypass
which were proffered by the "Stratford Rezoning"; and
WHEREAS, VDOT has prepared a Sycolin Road and Route 7/15 Bypass intersection design
consistent with VDOT policies for field inspections; and
WHEREAS, on January 5, 1996, the zoning administrator determined that Proffer 6.A.1 of ZM-
138-Stratford, will not be satisfied until the final road design is completed for a four-lane undivided
roadway from Route 7/15 Bypass to approximately 300 feet south of Hope Parkway; and
WHEREAS, on January 15, 1996, Stratford Associates, L.C. and the Stowers Family Farm
(collectively referred to as "Strattbrd"), as the current owners of the project known as Stratford in
Leesburg (the "Project"); filed an appeal of the zoning administrator's determination dated January 5,
1996; and
WHEREAS, the VDOT intersection improvement design and the Project's Sycolin Road
improvements design provide a tour-lane undivided roadway design from the Route 7/15 intersection to
approximately 300 feet south of Hope Parkway as required by Proffer 6.A.1; and
THEREFORE RESOLVED by the Council of the Town of Leesburg as follows:
SECTION I. Proffer 6.A.1 will be considered fulfilled upon the following conditions being met:
(1) The Town will consider VDOT's intersection design completed and approved for this purpose at a
time when VDOT issues a "Notice of Willingness to Hold a Public Hearing" for the VDOT intersection
Proffer Interpretation Appeal - ZM-138
improvements. (2) The approval by the Director of Engineering and Public Works (DEPW) of the plans
submitted by Bowers and Associates for the Project's Sycolin Road improvements, from the
terminus of the VDOT intersection improvements to approximately 300 feet south of Hope Parkway.
(3) The Project's Sycolin Road design shall be compatible with the vertical and horizontal alignment of
Sycolin Road as established by VDOT's intersection design shown on plans issued by VDOT with the
issuance of a "Notice of Willingness to Hold a Public Hearing" for the intersection improvements.
However, the Project's Sycolin Road improvements design shall not be required at this time to reflect
the compatibility of all utilities, but such compatibility of utilities shall be provided pursuant to Section
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III hereof.
SECTION II. Any request for a public hearing regarding VDOT's intersection design subsequent
to the "Notice of Willingness to Hold a Public Hearing" will not preclude the recordation and
construction of any plan approved by the Town for the Sycolin Road improvements, Hope Parkway, the
Project's Stormwater Management Facility and the initial residential phases to be developed by Stratford
(Phase A-Townhouse Lots, and Phase B-Single Family Lots).
SECTION III. Any subsequent modifications required to the Project's Sycolin Road
improvement plans or related plans to ensure alignment with VDOT's final intersection improvement
plans will be the responsibility of Stratford or assigns.
SECTION III. Stratford may request the Town Council to reconsider this Resolution if
continued design revisions to VDOT's intersection improvement plans delay the issuance of the Notice
of Willingness to Hold a Public Hearing beyond May 1, 1996.
96-64 - RESOLUTION - REQUESTING THE ADDITION OF A NORTHBOUND RIGHT TURN
LANE TO SYCOLIN ROAD AS PART OF THE VDOT PLANS FOR IMPROVEMENTSAT
SYCOLIN ROAD AND THE RT. 7/15 BYPASS
WHEREAS, the Virginia Department of Transportation (VDOT) 6 Year Improvements Program
includes a project to make improvements to the intersection of the Route 7/15 Bypass and Sycolin Road
and the engineering design is currently underway; 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, traffic volumes on these major roads continue to increase and improving the traffic
safety at this intersection is critical to the regional road network; and
WHEREAS, the preliminary engineering plans for the intersection improvements received by the
town tbr the Field Inspection held on March 6, 1996 did not include a northbound right turn lane on
Sycolin Road; and
WHEREAS, VDOT recently determined that a northbound right turn lane on Sycolin Road is
warranted based on the current conditions and traffic volumes at the intersection; and
WHEREAS, adding a northbound right turn lane to the project at this time should not delay the
start of construction of the improvements at Sycolin Road at Rt. 7/15 Bypass; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council strongly urges VDOT to add a right turn lane on Sycolin Road as part of the
intersection improvements at Sycolin Road/Rt. 7/15 Bypass intersection.
96-65 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTSAND APPROVING A PERFORMANCE GUARANTEE FOR PAXTON
SECTIONS 3 & 4
WHEREAS, Rivermead Homes, the developer of Paxton Sections 3 & 4, has not completed all
the required public improvements in accordance with the approved construction drawings and town
standards within the two year period agreed to in the contract for public improvements; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, nearly all of the homes tbr this project have been built and the remaining public
improvements are not extensive; and
WHEREAS, a corporate surety bond in the amount of $110,297.00 from the Seaboard Surety
Company was provided by the developer to guarantee the installation of public improvements for Paxton
Sections 3 & 4; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$110,297.00 to guarantee installation of the remaining public improvements for Paxton Sections 3 & 4.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
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SECTION I. A time extension of six (6) months for the installation of public improvements is
hereby approved for Paxton Sections 3 & 4.
SECTION II. The corporate surety bond from the Seaboard Surety Company in the amount of
$110,297.00 is approved to guarantee the installation of public improvements for Paxton Sections 3 &
4.
96-66 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND
AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS FOR LEESBURG GATEWAY CONDOMINIUMS
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements recently installed at Leesburg Gateway Condominiums and certified that the value of work
pertbrmed is $4,056.16; and
WHEREAS, a letter of credit in the amount of $239,252.00 from Eastern American Bank
confirmed by Signet Bank/Virginia was provided by the developer and approved by the Council to
guarantee installation of public improvements for Leesburg Gateway Condominiums; and
WHEREAS, Leo Chiang Development III, Limited Partnership, has not completed all the
required public improvements in accordance with the approved construction drawings and town standards
within the two year period agreed to in the contract for public improvements and the previously approved
extension thereto which expired on March 14, 1996;
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Eastern American Bank confirmed by Signet
Bank/Virginia in the amount of $239,252.00 is reduced to $235,195.84 and is approved to guarantee the
installation of public improvements for Gateway Condos.
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 Leesburg Gateway Condos.
SECTION III. A time extension to March 14, 1997 for the installation of public improvements
is hereby approved for Gateway Condos.
96-67 - RESOLUTION - RELOCATING A HANDICAPPED PARKING SPACE ON EAST MARKET
STREET BETWEEN KING STREET AND CHURCH STREET
WHEREAS, the town received a request to establish a handicapped parking space in front of
#1 East Market Street; and
WHEREAS, the south side of East Market Street from 100' west of Church Street to King Street
is within a metered parking zone; and
WHEREAS, Resolution 93-103 established a handicapped parking space in front of #7 East
Market Street; and
WHEREAS, a handicapped parking space located at the first parking space on Market Street
east of King Street may be more accessible to a handicapped driver; and
WHEREAS, the businesses along this block of East Market Street have been contacted and none
oppose the relocation of the handicapped space from in front of #7 to first space east of King Street.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The municipal manager is hereby directed to establish a handicapped parking space in front of
#1 East Market Street and to convert the handicapped space in front of #7 East Market Street to a
metered parking space.
96-68 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT
WITH ENGINEERS AND SURVEYORS INSTITUTE (ESI) AND MAKING AN
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APPROPRIATION
WHEREAS, ESI had proposed a study of the town plan review process on June 15, 1995; and
WHEREAS, Town Council and town staff have significantly evaluated and discussed several
different ESI proposals since the original June 15, 1995, proposal; and
WHEREAS, a relationship with ESI should be established to enhance the plan review
responsibility of the Town of Leesburg; and
WHEREAS, the original contract provides clauses that ensure full participation by public and
private engineers; and
WHEREAS, the Finance Committee on April 2, 1996, recommended authorization of the June
15, 1995, contract with ESI (enclosed).
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized to execute the June 15, 1995, proposed agreement
between the Town of Leesburg and ESI. An appropriation in the amount of $18,000 is hereby authorized
from the unappropriated general fund balance.
96-69 - RESOLUTION - AUTHORIZING THE EXECUTION OF A CHANGE ORDER FOR
EXCAVATION OF NON-RIPPABLE ROCK ON ROUTE 15 BYPASS WIDENING, PHASE
2 PROJECT AND PROVIDING FUNDING FOR COMPLETION OF PROJECT
WHEREAS, in July 1995, the Town of Leesburg entered into a contract in the amount of
$1,386,500 with Shirley Contracting Corporation for construction of the Route 15 Bypass Widening,
Phase 2 project; and
WHEREAS, an appropriation was made in the amount of $1,386,500 to fund the project without
an allowance for contingencies; and
WHEREAS, plans and specifications and a soil profile for the project were prepared by the
engineering firm of Bengston, DeBell & Elkin, Ltd.; and
WHEREAS, based on the Soil Profile prepared, the town was provided with an estimated
quantity of rock excavation of 529 cubic yards; and
WHEREAS, the contractor's bid provided for a unit price of $100 per cubic yard for the
excavation of non-rippable rock, if encountered; and
WHEREAS, the quantity of rock encountered and removed by the contractor, and verified by
the engineer was 4,131 cubic yards; and
WHEREAS, due to the properties of the rock when blasted, it was necessary to direct the
removal of an additional two feet of shattered and displaced rock to achieve a regular and stable
subgrade on which to construct the pavement section; and
WHEREAS, the additional quantity of rock removed, and verified by Bengston, DeBell & Elkin,
Ltd., was 2,559 cubic yards; and
WHEREAS, by negotiating with the contractor, staffwas able to reduce the cost of the additional
quantity of rock removed to $40.25 per cubic yard; and
WHEREAS, the total cost of excavation of non-rippable rock is $516,099; and
WHEREAS, the amount of this change order is in excess of 25% of the original contract amount
and exceeds the amount which staff is authorized to approve, and exceeds the appropriation made to
fund the project; and
WHEREAS, the cost of additional work not yet completed but required to complete the project,
is estimated not to exceed $100,000; and
WHEREAS, additional funds for the project are available in the amount of $329,015 from
available gas tax funds and in the amount of $359,374 from available proffer funds.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
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SECTION I. An appropriation is made in the amount of $329,015 from Loudoun County gas
tax funds to Budget Account 902-9207-700-725.
SECTION II. An appropriation is made in the amount of $359,374 from transportation proffer
funds to Budget Account 902-9207-700-725.
SECTION III. The Town Manager is authorized to sign on behalf of the town Contract Change
Order No. 2 for excavation of non-rippable rock in the amount of $516,099.00.
SECTION IV. The Town Manager is directed to return any unused funds to the transportation
proffer account after final payment is made to the contractor.
96-70 - RESOLUTION - WAIVING THE FEES FOR POLICE SERVICES AND SUPPORT STAFF
FOR THE FIRST NIGHT LEESBURG COMMIWFEE FOR THE 1995 FIRST NIGHT
LEESBURG EVENT
WHEREAS, the First Night Leesburg Committee has requested a waiver of the fees for police
services and support staff for the 1995 First Night Leesburg Event; and
WHEREAS, the cost tbr police services and support services is $800; and
WHEREAS, on April 2, 1996, the Town Council Finance Committee recommended waiving the
tees for the 1995 First Night Leesburg event:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to waive police services and support staff fees in the
amount of $800 for the First Night Leesburg Committee.
VOTE:
Aye: Councilmember Atwell, Buttery, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Absent: Councilmember Emswiller
MOTION:
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
96-71 - RESOLUTION - ENCOURAGING THE LOUDOUN COUNTY BOARD OF SUPERVISORS
AND THE LOUDOUN COUNTY PLANNING COMMISSION TO LIMIT RETAIL LAND
USE ON ROUTE 7 WEST OF ROUTE 28
WHEREAS, the Loudoun County Comprehensive Plan states, in part, that:
"... The Route 7 Corridor will maintain its campus like appearance and be one of the
primary locations for premier office/research and development uses. The county should
vigorously attempt to locate regional and nationally oriented office centers on Route 7
and Route 28..".; and
WHEREAS, an application for a Zoning Concept Plan and Proffer Amendment for Belmont has
been submitted to Loudoun County; and
WHEREAS, the Belmont application, in part, proposes additional retail land uses which would
be located in the Route 7 corridor between Route 28 and west toward the Leesburg town limits; and
WHEREAS, the Belmont application may require a Loudoun County Comprehensive Plan
Amendment; and
WHEREAS, the Town of Leesburg is concerned that the Route 7 Corridor be maintained as a
premier office/light industrial employment corridor.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Loudoun County Board of Supervisors and the Loudoun County Planning Commission are
hereby urged to maintain the Route 7 corridor as a premier office/light industrial employment corridor
and to discourage additional regional retail uses other than those already identified in the Loudoun
County Comprehensive Plan.
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Mr. Webb expressed concern that if the Council adopts this resolution, will the County think the town
is trying to tell them what to do with County land.
Mr. Atwell stated the Board of Supervisors are raising the issue of the crossover in front of Carradoc
Hall without bringing this issue to the Council. That is an action that the Board is initiating that occurs
within the town. The retail subcommittee of the Planning Commission would welcome the opportunity
with this Council to talk about joint planning of the whole Route 7 corridor including Leesburg to Route
28. The Town and County should compliment each other and not compete with each other.
Mr. Trocino pointed out that the Town Council, has on many occasion, offered an advisory opinion on
land use and other issues to another jurisdiction.
Mr. Buttery stated the Council is sending this resolution to the Board in the spirit of cooperation and
for informational purposes.
VOTE:
Aye: Councilmember Atwell, Buttery, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Absent: Councilmember Emswiller
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 10:00 p.m.
Clerk of Council
jmes E. Clem, Mayor
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