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Home My Public Portal About1999_06_22TOWN COUNCIL MEETING MINUTES OF JUNE 22, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, June 22, 1999, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. COUNCILMEMBERS PRESENT Frank Buttery Mervin Jackson Leonard McDonald (arrived at 7:35 p,m.) Kristen Umstattd B. J. Webb Bob Zoldos Mayor Clem STAFF MEMBERS PRESENT Acting Town Manager Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkin~ Director of Parks and Recreation Kaj Dentler Airport Manager Juan Rivera Personnel Manager Nancy Fixx Consultant J. Hamilton Lambert Assistant Town Manager for Economic Development John Henry King Public Information Officer Susan Farmer Town Attorney George Martin Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION: Vice Mayor Webb 2. SALUTE TO THE FLAG: Councilmember Buttery 3. ROLL CALL: All members of Council were present. McDonald arrived late. 4. APPROVAL OF MINUTES: MOTION: On motion of Buttery, seconded by Zoldos, the regular meeting minutes of June 8, 1999 and the special meeting minutes of June 1, 1999, and June 15, 1999, were approved as written. VOTE: Aye: Councilmembers Buttery, Jackson, Umstattd, Webb, Zoldos, Clem Nay: None Absent: Councilmember McDonald Abstain: Councilmember Zoldos from 4. b. and 4. c. 5. PETITIONERS Mr. Rick Knight a resident of'~202 Fairview Street, addressed the Council regarding traffic safety on Fairview Street. Mr. Knight cited several issues of concern, specifically the blind spot, dangerous road conditions, and a history of excessive speeding. Mr. Knight offered the following solutions: 1.) widen the road from Normandy Village to Route 7. 2.) Install speed bumps. 3.) Install a stop sign at Normandy Village. 4.) Lower the speed limit to 15 mph. 5.) Widen the existing top of the ROW. He asked the Council to make Fairview Street a gl priority and to not delay. Mr. Mason provided a brief status report, stating construction is scheduled to begin next spring/summer. Mayor Clem asked staff to look into installing traffic control devices and stop signs. This matter was referred to the July 6, 1999, A&PW Agenda for further consideration. Mr. J. Hamilton Lambert provided an update of Step II of the Town Manager recruitment and selection process. MOTION: On motion of Zoldos, seconded by Jackson, the Town Council agrees with the criteria set forth in Step II, as well as scheduling July 30 and July 31, 1999 as interview dates for candidates. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 6. PUBLIC HEARING: To consider the Loudoun Street in-fill development - Mr. King provided the staff report. Ms. Trac¥ Gillespie, representing the Loudoun Museum addressed the Council with a proposal from the Museum Board of Directors. Ms. Gillespie stated the Museum is interested exhibiting and archival space, a lease/purchase option, public restrooms, meeting space, and sharing space with other organizations, and the Town of Leesburg. Ms. Lisa Speet, a resident of Leesburg, stated her number one concern is architectural design. She suggested the development blend with the early 1700 - 1800s. Mr. Bill Zawacki a resident~ of Chesterfield Place, addressed the Council expressing concern with potential cost and what is being proposed. He expressed opposition to anything being built and requested the Council to leave this as open space. Mr. Paul Reimers, a resident of 16 Cornwall Street, addressed the Council suggesting a combination of in-fill components; with the Town, museum, and residential. Mr. Art Richmond, a member of the Museum's Board of Directors, addressed the Council requesting the Council's consideration of the Museum's growth, should this property be developed. Mr. Chuck Thornton representing the LEDC Downtown Committee addressed the Council suggesting the first floor of the in-fill development be retail. The second floor would connect all 3 lots with space provided for the Museum. The 3~d floor would house the Chamber of Commerce, meeting rooms. Mr. Thornton expressed the need for public restrooms, ADA requirements, compatible architectural design, lighting and wiring for future technology. Mr. Peter Burnett addressed the Council expressing the importance of hiring an appropriate expert to examine all aspects of public and private sentiment and for preparation of specifications for an RFP. The public hearing was closed. This matter was referred to the July 6, 1999, Finance Committee agenda for further consideration. An E-mail was received from Mr. Charles Houston regarding the public hearing. Mr. Houston's written response is attached and made a part of the official record. 7. COUNCILMEMBER COMMENTS: Councilmember McDonald stated, the RFP for the cable franchise renewal is on schedule and moving forward. Councilmember Buttery encouraged town residents to walk to the Fourth of July festivities at Ida Lee Park, if possible, in order to add relief to traffic congestion. Councilmember Umstattd reported on activities of the Planning Commission meeting. The HP decision has been extended to October. Ms. Umstattd relayed Ms. Webb's comments to the Planning Commission regarding the extension of town water and sewer to the Crane property. Councilmember Jackson attended graduation ceremonies for his two grandsons. Councilmember Zoldos announced the resignation of Tree Commission member Victoria Bell. To date, over 1300 trees have been planted as a result of the 2000 by 2000 project. Mr. Zoldos stated the town needs a comprehensive tree maintenance plan. Construction of the Ida Lee Park soccer/lacrosse fields is on schedule. A joint meeting of the town and county parks and recreation commissions was held to discuss the Route 621 park site. Vice Mayor Webb congratulated all the high school graduates, as well as the parents and many volunteers who participated in the all night graduation festivities at Ida Lee. Ms. Webb thanked Dunlop Eckerd for meeting with her and the Mayor, providing an update on the hospital's situation. A joint meeting will be held in July between the town and county. Ms. Webb suggested additional pressure be placed on VDOT to have the landscape on the entrance ramps to the town restored and maintained. Vice Mayor Webb made the following statement: "I am deeply disturbed about the firing of Kathleen Hazelton by Cablevision. As we review the potential sale of Cablevision I believe we must conduct an independent investigation of this situation. Any violation of the first amendment by a company that the Town of Leesburg does business with is totally inappropriate. We cannot tolerate such actions. Our taxpayers deserve better and they deserve all the news without censorship. I would like our legal representative to provide guidance on moving forward with an investigation of this violation before any action is taken on review of the sale of the franchise. Second, I believe a public hearing should be conducted to give the public an opportunity to provide input on this matter. Until these issues are resolved I would urge the Council and Cable Advisory Commission to take no action regarding the sale." 8. MAYOR'S REPORT Mayor Clem stated he has been contacted by two businesses interested in re-landscaping the entrance ramps. Mayor Clem attended the opening of the State Police headquarters on June 10, 1999. He thanked Councilmember Buttery for attending the Celtic Festival and speaking on his behalf. He attended the June 15, 1999 meeting of the Board of Supervisors at which the truck weigh station was discussed. Mayor Clem pledged his support in finding a suitable site either north or south of town. 9. MANAGER'S REPORT Mr. York briefly highlighted issues in the written Activity Report. Mr. York stated town and county staff met and discussed issues that the Board of Supervisors and Town Council may wish to consider at the joint meeting in July. Councilmember Umstattd asked if the Town Council was going to meet to discuss these issues before the July joint meeting? Mr. York stated, the list of issues is being prepared. 10. LEGISLATION: (a) MOTION: On motion of Jackson, seconded by Webb, the following ordinance was proposed and adopted. 99-0-17 - ORDINANCE - AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE TO REFLECT THE RECODIFICATION OF THE STATE CODE, PROHIBIT LANDFILLS, CLARIFY HANDICAPPED PARKING REGULATIONS, CLARIFY THE DEFINITION OF LOT WIDTH, AND AMEND THE POWERS AND DUTIES OF THE ZONING ADMINISTRATOR VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None (b) MOTION: On motion of Webb, seconded by Umstattd, the following ordinance was proposed and adopted. 99-0-18 - ORDINANCE - AMENDING ARTICLE 3 OF THE TOWN CODE Mayor Clem stated Council and staff needs to begin working on Charter changes in September to be ready to take these amendments to the General Assembly this year. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 3 CONSENT LEGISLATION: (c) (d) (e) (f) (g) (h) (i) (j) as amended by Buttery, (1) (m) (n) (o) MOTION: On motion of Webb, seconded by Buttery, the following resolutions were proposed and adopted. 99-182 RESOLUTION AWARDING A CONTRACT FOR ARCHITECTURAL DESIGN AND ENGINEERING SERVICES FOR THE IDA LEE PARK RECREATION CENTER EXPANSION PROJECT 99-183 - RESOLUTION - APPROVING TOWN COUNCIL ATTENDANCE AT THE ANNUAL VIRGINIA MUNICIPAL LEAGUE (VML) CONFERENCE 99-184 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE TOWN'S SERVICE AND MAKING AN APPROPRIATION 99-185 - RESOLUTION - AUTHORIZING TASK ORDER #6 WITH CH2M HILL, INC., FOR SERVICES DURING CONSTRUCTION OF THE WATER POLLUTION CONTROL FACILITY BNR/BMU PROJECTS 99-186 - RESOLUTION - AUTHORIZING A CONTRACT WITH L.A. MERRELL, INC., FOR CONSTRUCTION OF THE WATER POLLUTION CONTROL FACILITY EXPANSION AND UPGRADE 99-187 - RESOLUTION - AWARDING THE ODAL INSTALLATION CONTRACT TO SIGNAL & CONTROL COMPANY 99-188 - RESOLUTION - AWARDING A PURCHASE CONTRACT FOR A CRACK SEALING MACHINE 99-189 - RESOLUTION - ESTABLISHING APPROPRIATE DAYS FOR DISPLAYING FLAGS ALONG DESIGNATED STREETS IN LEESBURG 99-190 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR SYCAMORE HILL PHASE II, SECTION 3 99-191 - RESOLUTION MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN THE KIRKPATRICK PROPERTY SUBDIVISION 99-192 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR CROSSROADS BAPTIST CHURCH 99-193 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE TOWNES OF VANDERBILT SECTION II VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 10. (k) was referred to the July 6, 1999, Administration and Public Works Committee agenda for further consideration of Vice Mayor Webb's remarks made during Councilmember Comments. 10. (p) Substitute: MOTION: On motion of Webb, seconded by Jackson, the following resolution was proposed and adopted. 99-194 - RESOLUTION - APPROVING A PUBLIC RIGHTS-OF-WAY AGREEMENT BETWEEN THE TOWN OF LEESBURG AND HYPERION COMMUNICATION OF VIRGINIA, L.L.C. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 10. (q) Substitute: MOTION: On motion of Zoldos, seconded by Webb, the following resolution was proposed and adopted. 99-195 RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR INSTALLATION OF UNDERGROUND FOUNDATIONS AND AN OVERHEAD CORNICE FOR THE LOUDOUN COUNTY COURTS COMPLEX WITHIN PORTIONS OF THE NORTH KING STREET RIGHT-OF-WAY ADJACENT TO THE COUNTY COURTS COMPLEX SITE VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 10. (r) MOTION: On motion of Jackson, seconded by Buttery, the following resolution was proposed and adopted. 99-196 - RESOLUTION - AUTHORIZING THE APPROPRIATION OF THE URAN CONTRIBUTION RECEIVED MAY 4, 1999 VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 11. NEW BUSINESS 11. (s) MOTION: On motion of Webb, seconded by Jackson, the following resolution was proposed and adopted. 99-197 - RESOLUTION - RE-APPOINTING DAVID BURTON, STEVE HUTCHENS, DANIEL MOATS AND TOM NALLS TO THE AIRPORT COMMISSION VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 11o (0 MOTION: On motion of Umstattd, seconded by McDonald, the following resolution was proposed and adopted. 99-198 - RESOLUTION - RE-APPOINTING GEORGE PANOS, PATRICIA WHITE, BROOKS ROMEDY AND ANTHONY FASOLO TO THE ENVIRONMENTAL ADVISORY COMMISSION VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 11. (u) MOTION: On motion of Webb, seconded by McDonald, the following resolution was proposed and adopted. 99-199 - RESOLUTION - RE-APPOINTING JOHN ELGIN, JANE FELLOWS, FRED LILLIS AND JAMES TIMBERS TO THE LEESBURG PARKS AND RECREATION COMMISSION VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 11. (v) Council asked staff to schedule interviews on June 29, 1999, beginning at 6:15 p.m. 11. (w) MOTION: On motion of Umstattd, seconded by Webb, the following resolution was proposed and adopted. 99-200 RESOLUTION - AUTHORIZING ATTENDANCE AT THE VIRGINIA MUNICIPAL LEAGUE (VML) GENERAL LAWS STEERING COMMITTEE VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None On motion of, and duly seconded, the meeting was adjourned 9:30 p.m.. JamesdE. Clem, Mayo~ / Clerk of Council