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HomeMy Public PortalAbout1996_07_09TOWN COUNCIL MEETING MINUTES OF JULY 9, 1996 A regular meeting of the Leesburg Town Council was held on July 9, 1996, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Vice Mayor Webb. ROLL CALL Councilmembers present J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb Mayor James E. Clem (absent) Staff members present Town Manager Steven C. Brown Acting Town Manager Gary Huff Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Director of Planning, Zoning and Development Michael Tompkins Director of Utilities Randolph W. Shoemaker Assistant Town Manager tbr Economic Development John King Deputy Town Attorney Deborah Welsh Town Clerk Barbara Markland Planning Commission members present Chairman Mervin Jackson Gus Glikas Clifton Vaughan Susan Rutherford A. Blake Thompson David Kennedy PETITIONERS Ms. Cheryl Kilday, representing the Loudoun Tourism Council, encouraged the adoption of agenda item 10. (i). Mr. Mark Silverwood, a resident of 407 South King Street, addressed the Council with regard to the proposed Comprehensive Town Plan. Mr. Mike Costello, representing the applicant/purchasers of 18 Fort Evans Road, addressed the Council requesting Council initiation of an ordinance amendment to allow for indoor automobile auctions at the referenced site. This matter was referred to the July 16, 1996 Planning and Zoning Committee agenda for further consideration. Ms. Kathy Wilt, a resident of 503 Saber Court, submitted a petition fi.om Beauregard Estate residents requesting the Council's consideration to not open Lawson Road. This matter was referred to the July 16, 1996 Administration and Public Works Committee agenda for thrther consideration. Mr. Alan Furman, a resident of 37 Linden Hill Way, addressed the Council with concerns regarding agenda item 10. (e). 6. a. Joint public hearing to consider a Zoning Ordinance amendment to establish standards for commercial adult entertainment in the Tovm of Leesburg Mr. Tompkins provided the staff report. Ms. Umstattd stated that the staff memo the Council received, in her opinion, clearly misinterpreted Virginia law. The staff memo states the Town has no authority under Virginia law to prohibit these kinds of establishments, entirely. According to the criminal code, the Council clearly has the authority to prohibit any kind of establishment that deals with obscenity. Ms. Umstattd hopes that as part of staff's continuing discussions with the town's legal counsel that the criminal law enabling legislation will be looked at. Mr. Buttery stated the ABC Board regulates alcoholic beverages wherever they are sold. In addition, with respect to these establishments, the ABC's standards prohibit the sale of hard liquor but not beer. Mr. Buttery asked that Staff and counsel look into what authority the town has to regulate where alcoholic beverages can be sold. Mr. Jonathan Gayek, a resident of 411 Williams Street, addressed the Council opposed to adult entertainment establishments in the Town of Leesburg. Ms. Umstattd stated, within the criminal code of Virginia Section 18.2-389... "the governing body of any county, city or town may adopt ordinances to prohibit obscenity or conduct parallelling the provisions of this article." Ms. Umstattd stated, this article outlines the definition of obscenity which would cover every single proposal in the draft ordinance that is before the Council tonight. Ms. Umstattd stated that once this Council is given a correct interpretation of Virginia law by staff, will do everything in their power to prohibit this sort of activity from coming into town. Ms. Dixie Sanda, a Leesburg resident, addressed the Council opposed to adult entertainment establishments in the Town of Leesburg. Ms. Sharon Nichols., a resident of Leesburg, addressed the Council opposed to adult entertainment establishments in the Town of Leesburg. The public hearing was closed. The Planning Commission convened in the second floor Councilmember's meeting room. 6. b. Public hearing to consider water and sewer connections and user fees outside the corporate limits Mr. Brown provided a brief staff report. Mr. Tom Nails, representing the River Creek development project, addressed the Council requesting to be kept abreast of all issues as this matter progresses. COUNCILMEMBER COMMENTS Mr. Buttery attended his first meeting of the Balch Library Commission. He welcomed B.J. Webb. He pointed out that the Mighty Midget Kitchen has reopened. He reminded everyone of the Graffiti Clean-up Day to be held on Saturday, July 27, at 8:00 a.m., at the former Koons Chevrolet car dealership. He invited the public's assistance. Ms. Umstattd had no comment. Mr. Trocino had no comment. Ms. Emswiller stated that the sale of Market Station is in the best interest of the Town financially and for economic development reasons, as well. She stated that from the very beginning, the Town Council has been opposed to adult entertainment establishments. Ms. B. J. Webb thanked Mr. John Rocca and Mr. Frank Ratio for their efforts in eliminating graffiti in the town. She thanked the members of Council and staff for helping her get up to speed before taking office. Ms. Webb thanked Kaj Dentler, parks and rec staff, the police department and the Leesburg Volunteer Fire Company for the 4th of July event. MAYOR'S REPORT Vice Mayor Webb asked that the July 12, 1996 special meeting be rescheduled. CO 7/9/96 -2- MANAGER'S REPORT Mr. Brown briefly highlighted the Activity Report. LEGISLATION 10. (a) and (b) were referred to the July 16, 1996 Planning and Zoning Committee meeting for further consideration and discussion. 10. (c), (d), (e), (f), (g), (h), (i), (j) MOTION On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolutiomwcre proposed as consent items and adopted. 96-154 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR KINCAID FOREST SECTION 4A 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 the plans approved by the Director of Engineering and Public Works for Kincaid Forest Section 4A. SECTION II. The extension of municipal water and sewer for Kincaid Forest Section 4A is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety bond in the amount of $216,000.00 in a form approved by the town attorney from the American Motorists Insurance Company 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 Kincaid Forest Section 4A. 96-155 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION lC 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 the plans approved by the Director of Engineering and Public Works for Potomac Station 1C Water and Sanitary Sewer Lines. SECTION II. The extension of municipal water and sewer for Potomac Station 1C Water and Sanitary Sewer Lines is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. A letter of credit in a form approved by the town attorney from Mercantile-Safe Deposit & Trust Company in the amount of $36,216.40 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Potomac Station Section lC. 96-156 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR LINDEN HILL PHASE II WHEREAS, Linhab Development Company, the developer of Linden Hill Phase II, 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 previously approved time extensions adopted by Town Council on January 10, 1995 by Resolution #95-7 and on February 13, 1996 by Resolution #96-21; and WHEREAS, the developer has requested a ninety (90) day time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $58,985.71 from the Fidelity and Deposit Company of Maryland was provided by the developer to guarantee the installation of public CO 7/9/96 -3- improvements in Linden Hill Phase II; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $58,985.71 to guarantee installation of the remaining public improvements for Linden Hill Phase II. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the Fidelity and Deposit Company of Maryland in the amount of $58,985.71 is approved to guarantee the installation of public improvements in Linden Hill Phase II. SECTION II. A time extension to October 10, 1996 for completion of the public improvements is approved. 96-157 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 7 WHEREAS, Pulte Home Corporation, the developer of Exeter Section 7, 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 previously approved time extensions; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $274,622.40 from NationsBank was provided by the developer to guarantee the installation of public improvements for Exeter Section 7; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $274,622.40 to guarantee installation of the remaining public improvements for Exeter 7. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of six (6) months for the installation of public improvements is hereby approved for Exeter Section 7. SECTION II. The letter of credit from NationsBank in the amount of $274,622.40 is approved to guarantee the installation of public improvements for Exeter Section 7. 96-158 RESOLUTION - AWARDING OF A CONTRACT FOR INTERSECTION I MPROVEMENTS,TRAFFIC SIGNAL AT SOUTH KiNG STREET AT EVERGREENMILL ROAD WHEREAS, the FY 97 Capital Improvement Program includes a project for installing traffic signals at South King Street at Evergreen Mill Road; and WHEREAS, sealed bids for the work were received on June 21, 1996; and WHEREAS, the bids were evaluated pursuant to the bid documents and the town Purchasing Policy; and WHEREAS, Phillip C. Clarke Electrical Contractor, Inc. submitted the lowest bid and was found to be responsive and responsible. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum contract with Phillip C. Clarke Electrical Contractors, Inc. in the amount of $78,773.00 for Intersection Improvements, Traffic Signal at South King Street at Evergreen Mill Road. 96-159 - RESOLUTION - APPROPRIATING FUNDS FOR AN ADMINISTRATIVE SECRETARY IN THE EXECUTIVE DEPARTMENT WHEREAS, the adopted 1997 fiscal year staffing plan authorized an administrative secretary in the Executive Department; and CO 7/9/96 -4- WHEREAS, the administrative secretary will assist with the clerical needs of the Executive Department; and WHEREAS, the administrative secretary will provide clerical support services to the Finance and Utility Departments. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation of $27,175 is hereby authorized from the general fund unappropriated fund balance for an administrative secretary in the Executive Department. 96-160 - RESOLUTION - AUTHORIZING AN APPROPRIATION FOR THE LOUDOUN TOURISM COUNCIL IN THE AMOUNT OF $2,720.60 FOR ITS CHALLENGE GRANT PROGRAM WHEREAS, the Loudoun Tourism Council (LTC) was established to provide professional tourism services for Loudoun County and Leesburg; and WHEREAS, the Town Council budgeted $33,000 for the LTC in fiscal year 1996; and WHEREAS, the LTC has initiated many projects benefiting Leesburg and has successfully pursued challenge grant funding with Loudoun County. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation in the amount of $2,720.60 is hereby authorized from the unappropriated general fund balance for the purpose of funding Leesburg's share of the LTC Challenge Grant Program tbr the period December, 1995 to June, 1996. 96-161 RESOLUTION - AWARDING CONTRACTS FOR CUSTODIAL MAINTENANCE SERVICES WHEREAS, FY 97 Budget provides for custodial maintenance services for the Thomas Belch Library, Leesburg Airport Terminal, FAA Automated Flight Service Station located at the Leesburg Municipal Airport, Department of Parks & Recreation Rust Administration Building, Ida Lee Park Recreation Center and the Municipal Government Center; and WHEREAS, sealed bids for the Annual Contract for Custodial Maintenance Services were solicited by public advertisement on June 7, 1996; and WHEREAS, the bids were evaluated pursuant to the bid documents and the town Purchasing Policy; and WHEREAS, Accurate & Precise submitted the lowest bid of $5,700.00 on the Thomas Balch Library and was determined to be responsive and sufficiently responsible to enter into a contract for this facility; and WHEREAS, A & S Cleaning Service submitted the lowest bid on the Leesburg Municipal Airport Terminal and the Automated Flight Service Station and was determined to be responsive and sufficiently responsible to enter into a contract for these facilities; and WHEREAS, IMME, Inc. submitted the lowest responsive bid on the Department of Parks and Recreation Administration Building and the Ida Lee Recreation Center and was determined to be sufficiently responsible to enter into a contract for these facilities; and WHEREAS, the Department of Parks & Recreation prefers to enter into a six month contract with IMME, Inc., while the department determines if the facilities can be serviced more efficiently and economically by in house staff; and WHEREAS, IMME, Inc. submitted the lowest responsive bid on the Municipal Government Center and was determined to be sufficiently responsible to enter into a contract for this facility. 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 Accurate & Precise in the amount of $5,700 for providing custodial maintenance services for the Thomas Belch Library. CO 7/9/96 -5- SECTION II. The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum contract with A & S Cleaning Services in the amount of $6,504 for providing custodial maintenance services for the Leesburg Municipal Airport Terminal, and a lump sum contract in the amount of $20,400 for providing custodial maintenance services for the FAA Automated Flight Service Station. SECTION III. The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum contract with IMME, Inc. in the amount of $41,215.08 for providing six months of custodial maintenance services for the Ida Lee Park Recreation Center, and a lump sum contract in the amount of $1,251 for providing six months of custodial maintenance services at the Rust Administration Building. SECTION IV. The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum contract with IMME, Inc. in the amount of $27,749.76 for providing custodial maintenance services for the Municipal Government Center. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino from 10. (c) MOTION: On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m. Clerk of Council · Clem, Mayor CO 7/9/96 -6-