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HomeMy Public PortalAbout1999_11_23TOWN COUNCIL MEETING MINUTES OF NOVEMBER 23, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, November 23, 1999, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. Mayor Clem called the meeting to order. COUNCILMEMBERS PRESENT George F. Atwell Mervin Jackson Leonard McDonald (arrived at 7:45) Kristen C. Umstattd B. J. Webb Bob Zoldos Mayor Clem STAFF MEMBERS PRESENT Town Manager Robert S. Noe, Jr. Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Kaj Dentler Assistant Director of Parks and Recreation Abby Kimball Director of Information Technology Michel Agujia Airport Director Juan Rivera Assistant Town Manager for Economic Development John Henry King Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION: Councilmember Zoldos 2. SALUTE TO THE FLAG: Councilmember Umstattd 3. ROLL CALL: All members of Council were present. 4. APPROVAL OF MINUTES: MOTION: On motion of Webb, seconded by Jackson, the regular meeting minutes of November 9, 1999 were approved as submitted. VOTE: Aye: Councilmembers Atwell, Jackson, Umstattd, Webb, Zoldos and Mayor Clem. Nay: None Absent: Councilmember McDonald 5. PETITIONERS Ms. Bonnie Westfall representing the Downtown Committee of the Leesburg Economic Development Commission addressed the Council regarding the Annual Holiday Christmas Decorating Contest. Ms. Westfall stated judging will take place on December 16, 17, and 18 with prizes being awarded on December 20. Mr. Mark Herring a resident of 704 Anne Street and recent Loudoun County Supervisor- elect addressed the Council stating he is looking forward to working with the Town Council. Mayor Clem suggested that the Board and Council meet every quarter. He asked that the Board take immediate action on the boundary line adjustment for the new high school site. Ms. Kelly Gower a resident of Clubhouse Drive encouraged the public to attend Douglas Community Center's Christmas Craft Show. Ms. Abby Kimball invited the Council and public to attend the 9th annual Holidays in Leesburg event on December 3, from 5 pm to 9 pm. Ceremonies will begin with a tree lighting on the Town green. Mr. Sidney Lord a resident of 506 Wolfe Court and member of the Leesburg Parks and Recreation Commission addressed the Council in support of the Chancellor Street trail. Mr. Lord submitted a written statement, which is made a part of the official record. Mr. Ben Lawrence a resident of 905 Tuscarora Drive, and a member of the Dogwood Ball Committee thanked the Council, Mr. Mason and staff, and Ms. Webb for their help with this project. Mr. Lawrence reported that 350 trees have been planted along the bypass, with 52 trees located outside of the town's corporate limits. The Beacon Hill Homeowners Association will maintain the 52 trees. Mr. Lawrence stated the Committee is looking into extending the planting of trees all the way to Clarks Gap. Mr. Lawrence asked that the free passes to Ida Lee Park be given to the Northeast Coalition. Councilmember Zoldos reported that with the planting of the Dogwood trees, the town's 2000 by 2000 project now totals 1838. IT Director Michel Aguiia presented a report on Y2K, stating the town is now in compliance. Mr. Gus Glikas representing Virginia Power also provided a Y2K report stating Virginia Power is compliant and has been for some time. The Council asked to receive a report from Bell Atlantic as well. 6. COUNCILMEMBER COMMENTS Councilmember McDonald stated a town in New Hampshire recently completed the renovation of an old movie theater, similar to Leesburg's Talley Ho. EAC member Patricia White has the information and will forward it to Public Information Officer Susan Farmer. Mr. McDonald encouraged local groups to come forward to get a similar project started in Leesburg. Mayor Clem stated the Talley Ho is presently under contract. Councilmember Atwell wished everyone a Happy Thanksgiving. Councilmember Umstattd reported on the Planning Commission's progress regarding the HP project. A vote is scheduled to take place on December 16. Councilmember Jackson made no comment. Councilmember Zoldos thanked Mr. Uran for his continued generous contributions to the Town of Leesburg. He encouraged everyone to support the town's 2000 by 2000 project by buying a live Christmas tree this year. Vice Mayor Webb congratulated the Loudoun County Chamber of Commerce Small Business award winners. Ms. Webb met with the Loudoun County Transition team in a productive meeting, as well as with in-coming Chairman of the Board Scott York and representatives of the National Historic Preservation Society. Ms. Webb read a letter she received from Mr. Jerry Crumwiddie, a resident on Gleedesville Road: We thank you for your support on Wednesday evening when Mr. Tompkins presented ZMAP 1990018 Dunlyn Rezoning to the Leesburg Planning and Zoning Committee. I was particularly pleased with your argument that focused on the larger issue. The currently Loudoun County Land Development Plan should be revisited for the purpose of reviewing the UGA. The Evergreen Mills and Gleedesville corridor to Leesburg does in deed have a historical and practical basis for reasonable preservation of open spaces. Ms. Webb asked staff to ensure proper street cleaning on the streets surrounding the founty courts complex project. 7. MAYOR'S REPORT Mayor Clem stated the streets surrounding the courts complex project are being cleaned every evening around 5:30 p.m. Mayor Clem and Calvin Grow attended a meeting of the Transportation commission and received $300,000 for road improvements in Leesburg. Mayor Clem reported that the Downtown Summit Committee is looking into revitalization projects along South King and Loudoun Streets. Mayor Clem received a book from Mr. Uran entitled "Survivors of the Leopold Disaster," of which Mr. Uran was a survivor. Mayor Clem presented this book to Ms. Jane Sullivan to be housed at Leesburg's Thomas Balch Library. Mayor Clem attended the grand opening of the Worship Center's "Life Center," where he was presented with a picture of "the First Prayer in Congress." Mayor Clem commented on the great success of the Halloween parade, noting the increasing competition the Christmas parade is presenting to the Halloween parade. 8. MANAGER'S REPORT Mr. Noe congratulated Abby Kimball and Katie Stanley for completing a Supervisors Management course. 9. LEGISLATION: ORDINANCE (a) MOTION: On motion of Umstattd, seconded by Webb, the following ordinance was proposed and adopted. 99-0-33 - ORDINANCE -APPROVING SPECIAL EXCEPTION APPLICATION #SE-99-07, FIRST UNION NATIONAL BANK, LEESBURG PARK WHEREAS, First Union National Bank has requested special exception approval for a bank with a drive-thru; and WHEREAS, the property is located in the B-3, Community Retail/Commercial Zoning District; and WHEREAS, a bank with a drive-thru is a special exception use in the B-3 zoning district; and WHEREAS, on November 4, 1999, the Planning Commission recommended conditional approval of this application; and WHEREAS, on November 9, 1999, the Town Council held a public hearing; and WHEREAS, the proposed use meets the general review criteria as set forth in the Zoning Ordinance; and WHEREAS, staff recommends approval, with the conditions set forth below. THEREFORE ORDAINED by the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-99-07, First Union National Bank, Leesburg Park, by First Union National Bank, identified in the Loudoun County land records as Tax Map 49A((1))2 as shown on the Special Exception Plan, dated October 28, 1999, is hereby approved subject to the following conditions: 1. The development plan shall show a dumpster and a loading space. 2. The landscaping requirements for this special exception application shall be as shown on the special exception plan dated October 28, 1999. 3. The entrance road into Leesburg Park shall be widened, as shown on the special exception plan dated October 28, 1999, subject to final engineering at the development plan stage, and shall be accomplished at no cost to the town. 4. Any proposed signage will be subject to review and approval by the Board of Architectural Review (BAR). 5. The developer shall use his best effort to construct a right turn out as shown on the plans dated October 28, 1999, and shall be accomplished at no cost to the town. SECTION II. Approval of the special exception concept plan does not authorize modifications to any requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations or Zoning Ordinance unless specifically set forth in this ordinance. SECTION III. This ordinance shall be in effect upon its passage. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Nay: None CONSENT LEGISLATION (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1) MOTION: On motion of Webb, seconded by Umstattd, the following resolutions were proposed as consent items and adopted. 99-348 - RESOLUTION - PERMITTING AN ASPHALT TRAIL WITHIN THE UNUSED RIGHT OF-WAY OF OLD LAWSON ROAD 99-349 - RESOLUTION - APPROVING THE VACATION OF A PORTION OF A SANITARY SEWER EASEMENT 99-350 - RESOLUTION - AWARDING A CONTRACT FOR ARCHITECTURAL DESIGN AND ENGINEERING SERVICES FOR THE IDA LEE PARK RECREATION CENTER EXPANSION PROJECT TO HUGHES GROUP ARCHITECTS BY $97,770 FOR A TOTAL AMOUNT OF $469,023 99-351 - RESOLUTION - AWARDING A CONTRACT FOR THE CONSTRUCTION OF A RECREATIONAL ACCESS ROAD, PARKING, AND UTILITIES FOR THE SOCCER/LACROSSE FIELDS AT IDA LEE PARK TO LEO CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $472,825 99-352 - RESOLUTION - AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE WILSON AVENUE IMPROVEMENTS TO THE GULL CORPORATION IN THE AMOUNT OF $120,900 99-353-RESOLUTION - AWARDING A CONTRACT FOR CONSTRUCTION OF THE NORTH STREET SIDEWALK PROJECT TO THE GULL CORPORATION IN THEA MOUNT OF $102,400 99-354 - RESOLUTION - AWARDING A CONTRACT FOR ENGINEERING AND DESIGN SERVICES OF THE THREE STORM DRAINAGE CHANNEL IMPROVEMENT PROJECTS TO MICHAEL BAKER, JR., INC., IN THE AMOUNT OF $97,792 99-355 - RESOLUTION - AWARDING THE CONTRACT TO UPGRADE THE HVAC SYSTEM AT THE AFSS BUILDING TO A&N MECHANICAL CONTRACTORS IN THE AMOUNT OF $16,963 4 99-356 - RESOLUTION - SCHEDULING A PUBLIC HEARING FOR DECEMBER 14, 1999 TO CONSIDER AMENDMENTS TO THE LEESBURG TOWN CODE, SECTION 2-24 STANDING COMMITTEES, AND SECTION 2-26 CONDUCT OF COMMITTEES TO CONSOLIDATE THE STANDING COUNCIL COMMITTEES INTO A COUNCIL "COMMITTEE OF THE WHOLE" 99-357 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION SECTION 7A/7B 99-358 -RESOLUTION - APPOINTING FRANK BUTTERY TO THE THOMAS BALCH LIBRARY COMMISSION VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Nay: None REGULAR AGENDA ITEMS (m) MOTION: On motion of McDonald, seconded by Webb, the following resolution was proposed and adopted. 99-359- RESOLUTION - APPOINTING MS. KELLY GAITTEN AND MR. WILLIAM SUTTON TO THE BOARD OF ARCHITECTURAL REVIEW VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Nay: None (n) MOTION: On motion of Zoldos, seconded by Webb, the following resolution was proposed and adopted. 99-360 - RESOLUTION AUTHORIZING THE APPROPRIATION OF THE IRWIN W. URAN CONTRIBUTIONS RECEIVED ON NOVEMBER 8, 1999 WHEREAS, the town received a contribution on November 8, 1999, from Irwin W. Uran; and WHEREAS, Mr. Uran requested the Town Council distribute the gift to services for needy people of Leesburg; and WHEREAS, the funds are to be used to directly benefit individuals as noted in Mr. Uran's letter and should not be used to retire debt of an organization or to pay salaries of individuals within the organization; and WHEREAS, the Town Council has determined that the Youth Detention Center, Interfaith Relief, Daily Bread, Holiday Coalition, Salvation Army, Transitional Housing, Good Shepard Alliance, Loudoun Abused Women's Shelter, and Christmas in April meet the qualifications and shall receive contributions as follows. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that appropriations of the contribution received on November 8, 1999, in the amount of $100,000 are hereby authorized as follows: · $ 5 000 to the Youth Detention Center $25 000 $20 000 $10 000 $10 000 $20.000 $10 900 to Interfaith Relief, Daily Bread, Holiday Coalition to the Salvation Army to Transitional Housing to the Good Shepard Alliance to the Loudoun Abused Women's Shelter to Christmas in April Each receiving agency must report to the Town Council how the funds were implemented and how many people were served. VOTE: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Nay: None NEW BUSINESS: (o) MOTION: On motion of Webb, seconded by Umstattd, the following resolution was proposed and adopted. 99-361 - RESOLUTION -SUPPORTING A DEDICATED STATE FUNDING SOURCE FOR LAND CONSERVATION IN THE COMMONWEALTH OF VIRGINIA WHEREAS, the Commonwealth of Virginia's lands are rich in scenic, historic, natural, agricultural, forest and recreational resources; and WHEREAS, Virginia is rapidly losing these irreplaceable resources to competing land uses; and WHEREAS, the Town of Leesburg desires to protect its farm and forest resource base, its open space, its natural resources, including its drinking water supply watershed and natural habitats, and its historic sites; and WHEREAS, Leesburg has a deficiency of hundreds of acres of recreational open space and has lost many historic and architectural sites; and WHEREAS, conserving these resources is critical to Virginia's economy and the health and well being of her citizens; and WHEREAS, establishing a balance between the conservation of open space/natural resource lands and residential and/or commercial development is essential to Leesburg's quality of life and sound fiscal health; and WHEREAS, Virginia currently does not have a stable and adequate source of funds to secure the long term conservation and protection of these lands and resources; and WHEREAS, the General Assembly has established the Virginia Land Conservation Foundation with authority to expend funds for the conservation of farmland, historic sites, natural areas, parks, and open space; and WHEREAS, the Virginia Land Conservation Foundation is empowered to provide matching funds to localities to assist in the purchase of conservation easements and other land conservation needs; and WHEREAS, the Virginia Land Conservation Foundation is the appropriate mechanism for receiving and expending funds from a dedicated state funding source for land conservation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in V~rg~ma that the Town of Leesburg strongly supports the establishment of a dedicated state source of funding out of state surplus funds not dedicated to education and transportation to carry out the mission of the Virginia Land Conservation Foundation; and BE IT FURTHER RESOLVED that the Town of Leesburg hereby calls upon the Governor and the General Assembly to dedicate such a stable and adequate funding source beginning in the year 2000.