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