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HomeMy Public PortalAbout1997_02_25TOWN COUNCIL MEETING MINTUES OF FEBRUARY 25, 1997 A regular meeting of the Leesburg Town Council was held on February 25, 1997, 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 (absent) William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Deputy Town Manager Gary A. Huff Director of Engineering and Public Works Thomas A. Mason Assistant Town Manager for Economic Development John Henry King Deputy Town Attorney Deborah Welsh Town Clerk Barbara Markland APPROVAL OF MINUTES: Mayor Clem asked the minutes of February 11, 1997 be resubmitted in order to allow the Councihnembers additional time to review them. PETITIONERS: On motion of, duly seconded, and unanimously adopted, the five minutes speaking rule was implemented. Miss Briane Wilkerson, a resident of Marshall, Virginia, addressed the Council stating her opposition to relocating the buzzards. Ms. Jovce Wilkinson, a resident of Marshall, Virginia, suggested removing the trees that the buzzards roost in, in lieu of relocating the buzzards. Mr. Mike Jackson, Chairman of the Tree Commission, urged the Council to approve the upcoming proposed tree ordinance and to consider hiring an arborist. Mr. Charles Grant, representing Loudoun Ride-On, addressed the Council introducing the new Manager and encouraged the continued support of the Council. Mayor Clem asked Mr. Brown to ensure that the Loudoun Ride-On's new bus schedule is placed on the Cable channel. Mr. A. C. Echols, asked the Council to forward the town's Subdivision and Land Development Regulations to the General Attorney for an opinion. He urged the Council to consider a traffic model. Mr. Earl Hower, a resident of Plaza Street, expressed his support of a full-time arborist. Ms. Evelyn Johnson, a member of the Preservation Society, spoke in opposition to the proposed outlet mall. Ms. Sylvia Goode, spoke in opposition to the proposed outlet mall. Ms. Laura Liberman, a resident of Leesburg, expressed concern with the proposed outlet mall and re~_ated traffic concerns. Ms. Joyce Ross, a resident of Lucketts, Virginia, expressed opposition to the proposed outlet mall. Ms. Ropp~ a resident of Leesburg, expressed opposition to the proposed outlet mall. COUNCILMEMBER'S COMMENTS Jewell E1nswiller stated she appreciates all the spea~ers this evening. Ms. Emswiller stated the Council is in budget deliberations and encouraged the citizens to contact the Council with any questions or concerns. Mr. Trocino echoed Ms. Emswiller's comments. ~I-Ie stated, in accordance with the town's Ethics Policy, he met with representatives of the Chelsea Outlet Mall. Mr. Trocino spoke at the Last Tuesday Club. Ms. Umstattd thanked Miss Casey for speaking about the buzzards and welcomed her back. Mr. Buttery stated, in accordance with the town's Ethics Policy, he met with Mr. Turner and Mr. Weiss regarding the Battlefield Shopping Center and Chelsea Mall. The Balch Library will be celebrating it's 75th anniversary. Mr. Buttery commended the individual at the Safeway for assisting in the recent robbery by taking precautionary measures that led to the immediate arrest. Mr. Webb also thanked the speakers at this evening's meeting. MAYOR'S REPORT Mayor Clem attended two Blue and Gold Banquets. A ribbon cutting ceremony for the Fort Evans Road Sales and Service will be held this Saturday. MANAGER'S REPORT Mr. Brown spoke of the Town Council's busy upcoming schedule. LEGISLATION: MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent items and unanimously adopted. 97-45 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER SECTION 11 WHEREAS, Globe USA, Inc., the developer of Exeter Section 11, 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 extension; and WHEREAS, the remaining work is the regrading of the rear yards of two townhouses and correcting overland relief grading; and WHEREAS, the developer has signed agreements with the lot owners and wants to complete the work as soon as possible; and WHEREAS, the developer has requested a time extension to March 31, 1997 to complete these improvements; and WHEREAS, a letter of credit in the amount of $243,800.00 from the District of Columbia Riggs National Bank, confirmed by Riggs National Bank of Virginia was provided to guarantee installation of public improvements for Exeter Section 11; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $121,900.00 to guarantee installation of the remaining public improvements for Exeter Section 11. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from the District of Columbia Riggs National Bank, confirmed by Riggs National Bank of Virginia in the amount of $243,800.00 is reduced to $121,900.00 and is approved to guarantee the installation of public improvements for Exeter Section 11. 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 Exeter Section 11. SECTION III. A time extension to March 3 I, 1997 for the installation of the remaining public improvements is hereby approved for Exeter Section 11. 97-46 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN OLD WATERFORD KNOLL SECTION 2A WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Old Waterford Knoll Section 2A and certified that the value of work performed is $783,087.00; and WHEREAS, a corporate surety bond in the amount of $1,173,587.00 from the United States Fidelity & Guaranty Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Old Waterford Knoll Section 2A. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from the United States Fidelity & Guaranty Company in the amount of $1,173,587.00 is reduced to $390,500.00. 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 Old Waterford Knoll Section 2A. 97-47 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR SYCAMORE HILL PHASE I~ SECTION 2 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 Sycamore Hill Phase I, Section 2. SECTION II. The extension of municipal water and sewer for Sycamore Hill Phase I, Section 2 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from Ohio Savings Bank in the amount of $330,580.00 is approved as security to gumantee installation of the public i~nprovements shown on plans approved by the Director of Engineering and Public Works for Sycamore Hill Phase I, Section 2. 97-48 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION SECTION 2CD 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 Section 2CD. SECTION II. The extension of municipal water and sewer for Potomac Station Section 2CD is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety bond in a form approved by the town attorney from Frontier Insurance Company in the amount of $149,283.20 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 2CD. 97-49 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FUNDING FOR HIGHWAY PROJECTS WITHIN THE TOWN OF LEESBURG IN THE VDOT SIX-YEAR IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1997-1998 THROUGH 2002-2003 WHEREAS, the Virginia Department of Transportation (VDOT) is revising the Six-Year hnprovements Progrmn for fiscal years 1997-1998 through 2002-2003; and WHEREAS, VDOT will be conducting a preallocation hearing on Mamh 21, 1997 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, the Widening of Catoctin ~ircle from South 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, completion of the Route 7/15 Interchange are already in the VDOT Six-Year Plan as primary system projects; 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: Priority 1 Project Description 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'. 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 33.144 of the Code of Virginia, 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~ 1. The existing signalized intersection at Sycolin Road and the Route 7/15 Bypass has the highest accident rate in the Town of Leesburg. Existing mm 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. Improving the traffic safety at this intersection is critical to the regional road network. 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. Tile current interchange is beyond capacity at peak hours and future traffic from local and regional growth continues to escalate traffic problems at this intersection. The future of commerce and economic development in Leesburg depends a great deal on the abili~ of the Route 7/15 Interchange to function at an acceptable level of service. This project is included in the corridor study submitted by VDOT to the Town of Leesburg and approved by the Leesburg Town Council. Tile need for immediate improvements to address the major traffic delays at the Route 7/15 Interchange has been identified by VDOT and the town. 4 The improvements proposed are supported by the VDOT Leesburg Residence Office, the Northern Virginia District Office, the Town of Leesburg and Loudoun County. SECTION V. 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 Bypass for the following reasons: Current traffic volumes on the Route 7/15 Bypass exceeds 30,000 vehicles per day. Increasing traffic volumes are causing a decrease in safety and level of service along the Route 7/15 Bypass. 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. The Northern Virginia Transportation Coordinating Council has determined the widening of the Route 7115 Bypass is a needed regional transportation improvements project and has approved funding for preliminary engineering for FY 1998. VI. 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: Tr,~c volumes are increasing annually and are expected to exceed 75,000 by the year 2015. 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 accidem history on Route 9 warrants major roadway improvements. 5. The free flow nature of the Route 7 Bypass must be maintained. 97-50 - RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CERTAIN STREETS THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Virginia Departmem of Transportation (VDOT) is requested to accept imo the VDOT arterial and secondary system 1.45 lane miles of Leesburg Bypass (24' width); .50 lane miles of Oak Crest Manor Drive (40' width); .04 lanes miles of Chaucer Place (37' width); .42 lanes miles of Newhall Place (36' width); .34 lane miles of Foxborough Drive (38' width); .18 lane miles of River Frays Drive (38' width);. 16 lane miles of Snowden Court (36' width); .32 lane miles of Cranbrook Drive (36' width); .06 lane miles of Wildman Street (36' width); .56 lane miles of Catoctin Circle Extension (48' width); and. 11 lane miles of Catoctin Circle Extension (37' width), as listed on the accompanying Form U-1 in accordance with the requirements of Section 33-41.1 of the 1950 Code of Virginia, as amended. 97-51 - RESOLUTION - AUTHORIZING AN APPROPRIATION FOR THE PURCHASE OF A REPLACEMENT COMPUTER SYSTEM FOR THE ASSISTANT TOWN MANAGER FOR ECONOMIC DEVELOPMENT WHEREAS, the Assistant Town Manager for Economic Development's computer system has failed twice in the last t~vo weeks; and WHEREAS, a replacement is necessary to continue to provide economic development services to the town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation in the amount of $3,500.00 is hereby authorized from the unappropriated general fund balance to Account #200.8105.700.707 Capital Outlay/Dam Processing Equipment for the purpose of replacing the computer system for the Assistant Town Manager for Economic Development. 9. (g) MOTION: On motion of Mr. Webb, seconded by Ms. Emswiller, the following resolution was proposed and unanimously adopted as amended. 97-52 RESOLUTION AUTItORIZING THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) TO TRAP AND RELOCATE VULTURES IN LEESBURG AND MAKING AN APPROPRIATION WHEREAS, Leesburg has been the site of vulture roosts for several years; and WHEREAS, the town's police department has worked with the USDA for two years and has exhausted remedies, including sound repellents and visual repellents, to remove the vultures from northwest Leesburg; and WHEREAS, the problems caused by the vulture roosts such as odor, tree destruction and property damage persist; and and WHEREAS, on January 30, 1997, the USDA offered two additional options to solve the problem; WHEREAS, the Finance Committee on February 18, 1997, recommended the option of trapping and relocating the vultures for a cost of $8,003.00 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to execute an agreement with the USDA to trap and relocate the vultures in northwest Leesburg. SECTION II. An appropriation of $8,003 is hereby authorized from the unappropriated general fund balance for the purpose of funding the removal of the vultures. SECTION III. No action to relocate the vultures will be taken until the Fall of 1997. VOTE: Aye~ Nay: Absent: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Wm. Webb and Mayor Clem None Counciimember B.J. Webb MOTION: On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m. Clerk of Council J~es E. Clem, Mayor Town of Leesburg 6