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HomeMy Public PortalAbout1996_09_24TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 24, 1996 A regular meeting of the Leesburg Town Council was held on September 24, 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 J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb (absent) Mayor James E. Clem Staff members present Town Manager Steven C. Brown Deputy Town Attorney Gary A. Huff Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Kaj Dentler Airport Manager Juan Rivera Assistant Town Manager tbr Economic Development John Henry King Assistant Director of Finance Steve Krisa Traffic Engineer Calvin Grow Planner Marilee Seigfried Public Information Officer Susan Farmer Deputy Town Attorney Deborah Welsh Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION On motion of Ms. Umstattd, seconded by Ms. Webb, the regular meeting minutes of September 10, 1996 were approved as written. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Nay: None Absent: Vice Mayor William F. Webb Clem CERTIFICATE OF APPRECIATION Mayor Clem presented a Certificate of Appreciation to Stanley Caulkins, Airport Commission Chairman, for 30 years of service in the aviation industry. PROCLAMATION MOTION On motion of, and duly seconded, the following proclamation was proposed by Steve Robin, Honorary Spokesperson for the 1996 American Heart Association's Healthy Choice American Heart Walk. A Proclamation American Heart Association's Healthy Choice American Heart Walk October 5, 1996 WHEREAS, the American Heart Association's mission is to reduce disability and death from cardiovascular disease and stoke; and WHEREAS, the American Heart Association conducts the Healthy Choice American Heart Walk each year throughout the United States: and WHEREAS, tile objective of tile American Heartwalk is to increase community awareness of the importance of walking as a hcart-hcalthy exercise; and WHEREAS, 12~nds raised during the American Heartwalk are used to continue the American Heart Association's fight against the nation's number one killer: heart disease and stroke: 'THEREFORE, BE IT RESOLVED, that the Mayor and Town Council of the Town of Leesburg do hereby proclaim October 5, 1996 as the American Heart Association's Healthy Choice American Heart Walk Day in the Town of Leesburg and urge all Leesburg and Loudoun County citizens to make a commitment to join the American Heart Association's mission of reducing disability and death from cardiovascular disease by participating in the American Heartwalk on Saturday, October 5, 1996. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Nay: None Absent: Wm. Webb Clem Mr. Terrance Young, Parks and Recreation Commission Chairman and members of the commission, presented a plaque to Gary Huff in appreciation of Mr. Huffs hard work and efforts at Ida Lee Park. PETITIONERS Mr. Al Furman, resident of 37 Linden Hill Way and on behalf of many of the residents, addressed the Council with concerns within the development. He asked the Council to avoid further delays with completion of the development. Mayor Clem asked that staff bring the Town Council up to date on the status of this development. Ms. Suzanne Hitzges, resident of Linden Hill Way, urged the Town Council to see that the work is completed properly without any further delays. She referenced the condition of her driveway and asked that the repair be completed properly as well. Mr. William Detwieller, member of the Tree Commission, stated the Tree Commission received a letter from the EAC in support of thc arborist position. Mr. Detwieller stated the Tree Commission also supports the position. Ms. Elaine Walker, Mayor of Lovettsville, was present at the meeting and addressed the Council with an invitation to Lovettsville Octoberfest event on September 28, 1996. PUBLIC HEARINGS: 6.a. To consider closing Lawson Road Mr. Brown provided the staff report. Mr. Craig Lane, resident of Kincaid Forest, asked that Lawson Road remain open until such time that an alternate road is built. He expressed concern with the proposed upgrading and construction on Sycolin Road causing traffic congestion on Sycolin Road. Dave Ciccarelli, President of the Kincaid Forest Subdivision representing the residents, addressed the Council in opposition to closing Lawson Road. He stated traffic problems will be generated if Lawson Road is closed. Closing Lawson Road would introduce more vehicles onto the already over burdened Sycolin Road/Bypass intersection. Ms. Cathy Wilt, resident of Beauregard Estates, requested the Council close Lawson Road no later than when Beauregard connects to the dirt section of Lawson Road. Ms. Wilt stated the road should be closed in accordance with the Town Plan, as well as the Beauregard Development Plan. The private roads in Beauregard cannot handle the additional traffic. The roads are narrow and steep. Lawson Road is in terrible shape and frequently washes out with rain. The average person will not drive down Lawson Road because of its poor condition. A major concern is the safety of the children in Beauregard Estates. Ms. Wilt pointed out that school buses have not used Lawson Road since April 1995. Ms. Wilt asked the Council research the bus routes, visit Beauregard Estates and drive down Lawson Road then if the Town Council feels it is necessary to leave Lawson Road open, she asked the Council to share in the cost of a gate or consider paving Lawson Road entirely. Ms. Susan Matheson, resident of Beauregard Estates, addressed the Council requesting Lawson Road be cul-de-saced. She expressed concern that additional traffic will bring additional crime and strangers. CO 9/24/96 -2- She expressed concern for the safety of the children. Mr. Greg Debill, resident of Beauregard Estates, opposed the closing of Lawson Road until another alternative road is available. He suggested a temporary barricade to allow only emergency vehicles in and out of Lawson Road. Mr. Julian Chandler, resident of Kincaid Forest, expressed concern that with the proposed VDOT project to the Route 15/Sycolin Road intersection no acceptable way out will be available for the Kincaid residents. He suggested a four-way stop intersection on Lawson Road with a cul-de-sac so that safety in Beauregard is addressed. He is opposed closing Lawson Road at this time. Mr. Eric Grubbs, resident of Kincaid Forest, opposed closing Lawson Road at this time. He stated he uses Lawson Road and it is a convenient way to get his children to the Flint Ridge daycare center. He questioned whether or not the Beauregard Estate residents who's homes will be on the Lawson Road side would agree to closing this road. This would mean a long way around for these homeowners to get out of their development, as well. He asked that the Council consider the barricades or the gate at Beauregard Estates. Mr. Steve Harris along with his parents Mr. and Mrs. Harris, residents on Lawson Road, asked that the road be closed. Their concerns being safety, dust and trash. There are no speed limits on the road and is very dangerous. Mr. Hienz Love., resident on Lawson Road, stated Lawson Road should be closed. Mr. Ron Depaulo, representing the developer of Beauregard Estates phases 2 and 3, stated Lawson Road should be closed. He stated at least 3 to 4 times a day he encounters delivery trucks in Beauregard looking for a way to get through to Lawson Road to Route 7. Mr. Ron Gray, resident of Beauregard Estates, stated the road should be closed. He expressed concern with increased traffic in Beauregard. Mr. Brown noted that statements were received in opposition to the closing of Lawson Road from: Mr. Michael Seat of 18826 Shelburne Glebe Road, Leesburg, Mr. Gary Samuels, owner of Flint Ridge Day Care School, Mr. Stephen H. Axeman, Sr., of 651 Burnside Terrace, S.E., Leesburg, as well as a petition with 69 signatures, and a petition with 63 signatures recieved from residents in the Lawson Road area. Mayor Clem closed the public hearing and stated that it will remain open for written comment for ten days. This matter was referred to the October 1, 1996 Administration and Public Works Committee. 6. b. To consider Zoning Ordinance text amendment permitting indoor automobile auctions. Councilmember Trocino abstained from discussions on 6. a. and 6. b. Ms. Seigfried presented the staff report. Mr. Mike Costello, representing the applicant, provided background information on this application. Mr. Ken Meyer, owner of the Chesapeake Bagel Bakery, expressed support of the application. Mayor Clem closed the public hearing. This matter was referred to the October 1, 1996 Planning and Zoning Committee. 6. c. To consider Special Exception Application #SE-96-07 Fort Evans Road Vehicle Sales and Service Ms. Seigfried presented the staff report. The applicant addressed the Council regarding noise and buffering. Mr. Paul Paulo, representing 137 homeowners in the Fort Evans Road area, addressed the Council in opposition to the auctions. He cited safety for the children in this area as another major concern. Ms. Julie Ernst, a homeowner on Meadows Lane, spoke in opposition to the automobile auctions. Mayor Clem closed the public hearing. This matter was referred to the October 1, 1996 Planning and Zoning Committee. 6. d. To consider adoption of a Uniform Business and Occupational License Tax Ordinance Mr. Brown provided the staff report. No public comment was received. CO 9/24/96 -3- Mayor Clem closed the public hearing. This matter was referred to the October 1, 1996 Finance Committee. COUNCILMEMBER COMMENTS Mr. Buttery stated he is impressed by the public comment received tonight. He encouraged residents of the town to continue to take part in the town's business. He asked that staff look into posting a speed limit sign at Lawson Road, as well as what could be done regarding the control of dust and overgrown weeds and brush. Ms. Umstattd had no comment. Mr. Trocino stated he would like to revisit the arborist position. Ms. Emswiller also thanked the citizens who participated in this evening's Council meeting. Ms. Webb stated the Council needs to take a serious look at the timely construction of roads in the town and at the sidewalk master plan. Ms. Webb thanked the 4-H Loudoun Therapeutic Riding Program for their fundraising efforts. MAYOR'S REPORT Mayor Clem asked staff to look into painting the arrows on Sycolin Road and mowing the grass on Lawson Road. MANAGER'S REPORT Mr. Brown reported on the success of the recent NVBIA 10K race. LEGISLATION 10. (a) this matter was referred to the October 1, 1996 Finance Committee meeting. 10. (b), (c), (d), (e), (f), (g) MOTION On motion of Ms. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent items and adopted. 96-194 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR OLD WATERFORD KNOLL, SECTION 2A 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 Old Waterford Knoll, Section 2A: SECTION II. The extension of municipal water and sewer for Old Waterford Knoll, Section 2A is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. A corporate surety bond in a form approved by the town attorney from the United States Fidelity and Guaranty Company in the amount of $1,173,587.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works tbr Old Waterford Knoll, Section 2A. DISCUSSION: Ms. Emswiller expressed concern with the construction traffic using the smaller streets instead of Fairview. Mr. Berg with Richmond American addressed these concerns. CO 9/24/96 -4- 96-195 - RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM PHASE 3, SECTION 9 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 Greenway Farm Phase 3, Section 9; SECTION II. The extension of municipal water and sewer for Greenway Farm Phase 3, Section 9 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. A corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $661,420.50 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Greenway Farm Phase 3, Section 9. 96-196 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GREENWAY FARM MEADE DRIVE & ROUTE 15 IMPROVEMENTS 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 Greenway Farm Meade Drive and Route 15 Improvements. SECTION Iii The extension of municipal water and sewer for Greenway Farm Meade Drive and Route 15 Improvements is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. A corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $827,202.31 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Greenway Farm Meade Drive and Route 15 Improvements. 96-197 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN POTOMAC CROSSING SECTION 2A WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Potomac Crossing Section 2A and certified that the value of work performed is $402,108.80; and WHEREAS, a corporate surety bond in the amount of $502,636.00 from The American Insurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Potomac Crossing Section 2A. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from The American Insurance Company in the amount of $502,636.00 is reduced to $100,527.20. SECTION II. The town manager shall notify the developer that liability for the corporate surety bond funds 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 Potomac Crossing Section 2A. 96-198 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTSINSTALLED IN POTOMACCROSSING STORMWATER MANAGEMENT/PUMP STATION WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Potomac Crossing Stormwater Management Pump Station and certified that the value of work performed is $390,009.60; and WHEREAS, a corporate surety bond in the amount of $433,344.00 from The American Insurance CO 9/24/96 -5- Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Potomac Crossing Stormwater Management/Pump Station. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from The American Insurance Company in the amount of $433,344.00 is reduced to $43,334.40. SECTION II. The town manager shall notify the developer that liability for the corporate surety bond funds 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 Potomac Crossing Stormwater Management/Pump Station. 96-199 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTSINSTALLED IN POTOMACCROSSING/BATTLEFIELD PARKWAY WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Potomac Crossing/Battlefield Parkway and certified that the value of work performed is $508,910.40; and WHEREAS, a corporate surety bond in the amount of $565,456.00 from The American Insurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Potomac Crossing/Battlefield Parkway. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from The American Insurance Company in the amount of $565,456.00 is reduced to $56,545.60. SECTION II. The town manager shall notify the developer that liability for the corporate surety bond funds 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 Potomac Crossing/Battlefield Parkway. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino from 10. (c) and (d). Absent: Councilmember Wm. Webb MOTION On motion of Mr. Buttery, seconded by Mr. Trocino, the following resolution was proposed and adopted. 96-200 - RESOLUTION - AMENDING PRO-RATA FEES FOR THE CATTAIL BRANCH SEWAGE CONVEYANCE SYSTEM WHEREAS, Section 15-15 of the Town Code authorizes the town to collect pro-rata fees for town-constructed sewer conveyance facilities necessitated, at least in part, by future subdivisions or development of land; and WHEREAS, the town has constructed sewer conveyance system improvements within the Cattail Branch Watershed to include construction of approximately 22,000 feet of 18 through 30-inch gravity sewer pipes, a 4.8 MGD sewage pumping station and 6,000 feet of 20" forcemain; and WHEREAS, it has been determined that fourteen percent of the total cost of the installation of this facility is for public benefit and eighty-six percent is for the benefit of property owners or developers of undeveloped lands in the Cattail Branch Watershed; and WHEREAS, the final cost for all improvements associated with the Cattail Branch Sewer System project is $6,387,694.00; and WHEREAS, a pro-rata facility charge was established by Resolution 93-244 based on a cost estimate for all properties which will connect to this sewer system. CO 9/24/96 -6- THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Resolution 93-244 "Establishing Pro-rata fees for the Cattail Branch Sewage Conveyance System is hereby repealed. SECTION II. A new Cattail Branch Sewage Conveyance System pro-rata is hereby established for all new properties which will connect to this system as shown on the attached map at a cost of $2.02 per gallon per day of estimated sewage flow of all new connections or expanded use of existing connections in Section 1 of the service area and $.31 per gallon per day of estimated sewage flow for all new connections or expanded use of existing connection in Section 2. SECTION III. The fees as specified in Sections II shall be paid prior to the issuance of a zoning permit and concurrently with the payment of required availability fees for new connections or expanded use of existing connections to the Cattail Branch sewer system. SECTION IV. The fee shall be adjusted by the percentage increase or decrease in Engineering News Record Construction costs index value at the time of application. The current construction cost index value from which the increase or decrease shall be measured is 5597. SECTION V. The fees established herein shall run with the property and the Town Manager shall maintain for public inspection a record of properties subject to these fees. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Clem Nay: None Absent: Councilmember Wm. Webb MOTION: On motion of Mr. Buttery, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 96-201 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE A MODIFICATION OF THE SALES CONTRACT BETWEEN LEESBURG PLAZA SHOPPING CENTER ASSOCIATES AND THE TOWN OF LEESBURG WHEREAS, a sales contract dated September 13, 1994, enacted the purchase of two tracts of land on Plaza Street for the purpose of locating the town's Public Safety Center; and WHEREAS, the town has demonstrated to the seller that it is moving diligently toward the timely construction of the town's police station; and WHEREAS, the seller recognizes that legitimate delays may result from inclement weather or other properly documented requests; and WHEREAS, the seller desires to provide a reasonable time to accommodate such delays before imposing the $200,000 liquidated damages: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor is hereby authorized to execute the attached Modification of Contract Sale between Leesburg Plaza Shopping Center Associates and the Town of Leesburg, Virginia. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Clem Nay: None Absent: Councilmember Wm. Webb MOTION: On motion of Ms. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted. 96-20~,- RESOLUTION - AUTHORIZING AN ENGINEERING SERVICES AGREEMENT FOR THE WATER SYSTEM IMPROVEMENTS PROJECT WHEREAS, the FY 97 Budget includes appropriations in the amount of $80,000.00 to fund engineering design services for water system improvements east of town referred to as Phase IV, Main CO 9/24/96 -7- Zone Water System Improvements; and WHEREAS, a request for proposals for engineering services was duly advertised and proposals received on July 23, 1996, pursuant to state and local procurement laws; and WHEREAS, based on the eleven proposals received, three firms were interviewed and O'Brien & Gere of Landover, MD was selected as the most qualified firm for this work; and WHEREAS, a fixed lump sum contract in the amount of $50,460.00 has been negotiated for preliminary and final engineering design services: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town manager is hereby authorized and directed to enter into an engineering services agreement, in a form approved by the town attorney, with O'Brien & Gere Engineers, Inc., in the amount of $50,460.00 for engineering and design services for the Water System Improvement project #93 in the approved FY97-FY01 Capital Improvements Program. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Clem Nay: None Absent: Councilmember Wm. Webb MOTION: On motion of, and duly seconded, the following motion was made: Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a), Subsection (3) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss the acquisition of land for a high school site. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Clem Nay: None Absent: Councilmember Wm. Webb MOTION: On motion of, and duly seconded, the public meeting was adjourned at 10:35 p.m. MOTION: On motion of, and duly seconded, the following motion was made: I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Clem Nay: None Absent: Councilmember Wm. Webb MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 96-203 - RESOLUTION: CERTIFYING EXECUTIVE SESSION OF SEPTEMBER 24, 1996 WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive CO 9/24/96 -8- Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. VOTE: Aye: Councilmember Buttery, Emswiller, Trocino, Umstattd, B. J. Webb and Mayor Clem Nay: None Absent: Councilmember Wm. Webb MOTION: On motion of, and duly seconded, the meeting was adjourned. Clerk of Council CO 9/24/96 -9-