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HomeMy Public PortalAbout2000_02_23MINUTES COUNCIL MEETING February 23, 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Clem presiding. Councilmembers Present: Mervin V. Jackson, Leonard McDonald, Kristen C. Umstattd, Robert Zoldos and Mayor Clem. George Atwell and Vice Mayor Webb were absent for this meeting. Staff Members Present: Robert S. Noe, Town Manager, William E. Donnelly, Town Attorney, Director of Engineering & Public Works Thomas A. Mason, Director of Planning, Zoning & Development Michael Tompkins, Director of Utilities Randy Shoemaker, Assistant Town Manager for Economic Development John H. King, Public Information Officer Susan Farmer, Acting Clerk of Council Mary Mack AGENDA ITEMS A. Tnvocation was led by Councilmember Zoldos. B. Salute to the Flag was led by Councilmember Umstattd. C. Roll Call showing Vice Mayor Webb and Councilmember Atwell absent. D. Presentation of Certificates was made by Mayor Clem to four employees of Morning Side House, Wanda Flack, Gilbert Lewis, Connie Mason and Judie Painter, for their efforts to insuring the safety of the residents during a recent fire at that building. Proclamation for Black History Month was presented to Gilbert Murphy, President of the local chapter of the NAACP. Mr. Murphy thanked the Council for the proclamation and asked for reflection and hope and support for the work of the NAACP in the future. F. Approval of Minutes: On motion of Councilmember McDonald, seconded by Councilmember Jackson the following minutes for the Work Session of February 7, 2000, were approved unanimously with two members absent. G. Petitioners: Kristie Lalire was present to introduce Laura Trieschmann of EHT Traceries who gave the Council an update on the progress of the survey work for the Old and Historic District. She informed the Council that they are in Phase 3 of the project and that completion is scheduled for July 2000. Kelly Gower and Pam Stewart were recognized. They were present to inform the Council and the public of their efforts for the Cystic Fibrosis Foundation, particularly "Megan's Walk" scheduled for May 20, 2000 and inviting everyone to become involved and to participate in this worthwhile cause. Guy Mitchell, resident of Duncan Place. Mr. Mitchell was present to voice concerns for a few problems in the Tavistock Farms project. One problem being a very large mountain of dirt and whether or not something can be done to have that removed. Another problem he presented was regarding the rental units proposed for the project and the fact that he does not feel that the single- family homes and townhouses were marketed fairly, stating that no mention of the proposed multi-family project was made. He voiced concerns for the strain of the additional units on the amenities provided in the project and also stated that the developer had stated that perhaps he could separate the multi-family units. He was asking for information and advice regarding this matter. Councilmember Jackson agreed to meet with the Mitchell at his convenience. On motion by Mr. Zoldos, the Council invoked the 5-minute rule for speakers, due to the number of persons present to speak. Tom Steinhide, a resident of Chancellor Street, was present to voice his concerns and those of his neighbors regarding the connection to the bike path at Chancellor Street. He pointed out the great distance to the connection. He stated concerns for the impact of this connection on the heavily wooded area at the end of their street. He thanked each member of the Council for their support over the years. Leesburg Town Council Minutes for 2/23/00 Page #2 Carl Heazlit, resident of 911 Chancellor Street. He stated he was representing the following residents: 901, 902, 903, 904, 905, 906, 908, 911, 913, 914, 915, 916, 919, 921, 922, 925, 926 who were present for this meeting. He also stated that the following persons were not able to be present, but have authorized him to register their objections to this project 907, 909, 910, 917, 918, 923 924 and 928. He voiced the concerns of the neighborhood for safety and liability issues and asked for an alternative connection to this half million dollar project. He spoke of the outstanding alternative to meet the needs of everyone and harm none. Douq Goolsby, resident of 906 Chancellor Street, also spoke in favor of the south King Street trail identified by the Parks and Recreation Department. He spoke of the advantages of the South King Street path noting all those neighborhoods it would serve and all of the amenities that could be reached by using this path instead of the bike path. He stated that the Task Force formed some years ago did not evaluate the King Street. He stated that the residents of Chancellor Street are willing to work with those desiring the convenience of getting to Town without the use of a car and ask a willingness to work together. He spoke of a recent crime in Centerville comparing it to their concerns for the safety of the trail. Sandy Smallwood, resident of 901 Chancellor Street, who stated that the proposed trail would be in her side yard. She emphasized her concerns for the possibility of addi- tional crime and asked for further studies regarding the security issues. She stated that VDOT will pay for this path as part of the widening of South King Street. 7. Mike Lockler, resident of 913 Chancellor Street, also spoke in opposition, citing his own experience in building bike paths. Robert Chapman, resident of 526 Claggett Street, stating that he is a user of the trail, but is against this connection. Stated he does not see the value of this connection, but stated the value of the South King Street path. Betty Sutherland, resident of Prosperity Hills, spoke of her concerns for her grandchildren who are residents of Chancellor Street and the safety issues, stating that the South King Street path makes more sense. 10. Bill Wolf, resident of Orr Circle, stated he is a user of the trial, but informed the Council of his observations from his home of people walking and biking on South King Street and the safety issues for that area. He emphasized the need for safe passage of residents of the area on South King Street. He stated that when the SE portion is developed those people will still need a connection to downtown. 11. Sidney Lord, resident of 506 Wolfe Court, spoke in support of a connector of some sort for the residents of the area to the amenities of the remainder of the Town. He urged the Town to make a decision and provide a connector. He urged everyone to read the Task Force report for this connection at Chancellor Street. He challenged the objections regarding crime, stating the objections seem to be for a highway rather than a bike trail. 12. Kevin O'Neal, resident of Woodlea Manor, also spoke of a need for a Connector and urged the Council to provide the Chancellor connection, stating there has to be a way to make it safe and enjoyable. He asked that the funds be provided for the trail. 13. Tommy Medaqlia, resident of 30 Linden Hill Way, spoke in favor of a Route 15 connection to allow access to the downtown. 14. Beverly Samuel and her family, residents of Woodlea Manor, spoke in favor of the Chancellor Street connection, stating concerns for the high traffic volumes on Route 15 and safety problems and requested support for the funding of the W & OD trail. 15. Fred Lillis, resident of Country Club, spoke in favor of the Chancellor Street connection, stating he was speaking as a user of the trail as a member of the Town Parks, as a member of the Chancellor Street citizens ad hoc sub-committee and various other sub committees-- its is time to make a decision. He stated he thinks it should be built. He stated his concerns for Route 15 being safe and stated he feels the vision of those deciding to build the Chancellor Street trail will be appreciated by future citizens of the Town. 16. Katie Boyce, resident of 905 Chancellor Street (12 years old), spoke in opposition to the Chancellor Street connection. Leesburg Town Council Minutes for 2/23/00 Page #3 17. Christine Macudzinski, resident of 613 Striblinq Court in Woodlea Manor, spoke of her concerns for the safety of traveling on Route 15 because of the heavy traffic and stated that the Chancellor Street connection is a safer option. 18. ]eft Taylor, resident of 1206 Hawling Place, spoke in favor of the Chancellor Street connection stating his concerns for Route 15 and the presence of 18 wheelers. He asked the Council for support for the path at Chancellor Street, stating that it is needed by the community. 19. Sharon Humphrey, resident of 212 Connery Terrace in Greenway Farm, spoke in favor of the Chancellor Street connection, endorsing the safety of the trail as opposed to a trail adjacent to Route 15. 20. Mike Cooley, resident of Greenway Farms, stating that he is a runner and a biker and observed that not everyone wants to go downtown and supported the Chancellor Street connection. There were no other petitioners, Mayor Clem thanked everyone for coming and advised that a survey will be going out to allow residents to respond to their desires regarding this matter. Councilmember Zoldos also thanked everyone for coming to the meeting and spoke of the need for a connection to southwest Leesburg. The Council recessed for a brief period to allow members of the pubic to leave. Mayor Clem then reconvened the meeting. 21. Councilmember comments: Mr. McDonald thanked everyone for their cards and flowers, during his recent hospitalization. He spoke of the recent assessments, saying that he had received that the Leesburg assessments are up 12.2 percent. He stated that he will be supporting a tax cut in the budget process. Ms. Umstattd agreed with Mr. McDonald's observations and stated that she has been speaking with the public regarding the increased assessments, which will result in substantial revenue increases to the Town and that she feels that this is a year to be able to offer increased services and amenities but also to offer a tax rate decrease in our budget deliberations. She also thanked the public for speaking out regarding the Chancellor Street trail issue, commenting that it is a very difficult decision. She thanked Mr. Zoldos for his continuing efforts for this project. She advised that she recently attended a meeting in Richmond, where she chaired the winter conference Virginia Association of Planning District Commissions, reporting that some of the topics were VDOT funding and smart growth. c. Mr. Jackson stated that he does support the new meeting schedules and commended the staff for a fine job. Mr. Zoldos advised the public of the swearing in ceremonies scheduled for the new police chief, Joseph R. Price, on Wednesday, March I at 10:00 a.m. at the Public Safety Center. He also thanked everyone for coming to the meeting tonight and speaking on a trail for southwest Leesburg. 22. Mayor's comments: Mayor Clem echoed the Council's remarks regarding the turnout for tonight's meeting regarding a trail for southwest Leesburg. He advised everyone that any inquiries regarding the recent assessments be directed to Loudoun County. He thanked Mr. Uran for his kind donations this past week to Loudoun Museum and to our Police Department. Mayor Clem explained the Town's acquisition of a high school site and stated that this property was purchased to ensure that a high school would be built in a timely fashion to meet the needs of our citizens. He stated that the rumor on this site is that this Council is at fault for not moving forward. He explained that the Council has asked for a Boundary Line Adjustment to bring this land into the Town so that the site can be served by water and sewer. 23. Manager's comments: Mr. Noe stated he had no verbal report. 24. Legislation: Leesburg Town Council Minutes for 2/23/00 Page #4 Councilmember Umstattd moved the following consent agenda, seconded by Council- member IVlcDonald. CONSENT AGENDA 1. 2000-37- RESOLUTION: approving the vacation of a waterline easement on the property of Kincaid Forest, Section 5, and approving the re-location of the easement to a new location on the property of Kincaid Forest, Section 5 2. 2000-38 - RESOLUTION: requesting VDOT funding for highway projects within the Town of Leesburg and the VDOT Six-Year Improvement Program. 3. 2000-39- RESOLUTION: authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station, Section 8B. 4. 2000-40- RESOLUTION: approving a substitute performance guarantee for Sycamore Hill, Phase T, Section 4 and releasing the cash performance guarantee. 5. 2000-41 - RESOLUTION: authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Northlake, Section 8. 6. 2000-42 - RESOLUTION: initiating a town plan amendment for the Transportation Element of the Town Plan to define a portion of Trailview Boulevard as a through collector. These motions were then adopted as shown below: Aye: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Clem Nay: None Absent: Atwell and Webb Mayor Clem then recognized Director of Utilities Randy Shoemaker to report on items 3, 4 and 5 that had been pulled from the consent agenda. He asked Mr. Shoemaker to report on each contract individually. Mr. Shoemaker then explained the rationale for the award of the rehabilitation of various sanitary sewer sites in Town outlining the need for this work. On motion of Councilmember Zoldos, seconded by Councilmember McDonald, the following motion was proposed: 2000-43 - A RESOLUTION - authorizing award of a contract to Amliner East, Tnc. in the amount of $112,900 for sanitary sewer re- lining project, Phase ]:. This motion was adopted as shown below: Aye: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Clem Nay: None Absent: Atwell and Webb Mr. Shoemaker than explained the award of the second contract for the construction of a hospital tank pumping station that will allow delay of the construction of a new tank. On motion of Councilmember McDonald, seconded by Councilmember Umstattd, the following motion was proposed: 2000-44 - A RESOLUTION - authorizing an award of a contract to Conewago Enterprises, ]:nc., in the amount of $398,742, for construction of a hospital tank pumping station. This motion was then adopted by the following vote. Aye: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Clem Nay: None Absent: Atwell and Webb IVlr. Shoemaker than explained the proposal for the water storage tank improvements, explaining that all three tanks will be done at the same time thereby allowing the contractor to make a lower bid by being able to minimize mobilization costs, etc, rather than doing the three tanks individually. Leesburg Town Council Minutes for 2/23/00 Page #5 On motion of Councilmember McDonald, seconded by Councilmember Umstattd, the following motion was proposed: 2000-45 - A RESOLUTION - authorizing an award of a contract to J & W Sandblasting, ]:nc., in the amount of $494,000 for water storage tank improvements This motion was then adopted by the following vote: Aye: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Clem Nay: None Absent: Atwell and Webb Director of Engineering and Public Works, Tom Mason, was then recognized to clarify the resolution regarding the performance guarantee for the Dry Mill Townhouses. Mr. Mason explained that since the citizen complaint the Town has met with the developer and that the citizen has withdrawn his objection to this resolution based on the fact that the Town is working to resolve the outstanding issues on the project. On motion of Councilmember McDonald, seconded by Councilmember Jackson the following resolution was proposed: 2000-46 - A RESOLUTION - authorizing an agreement and approving a per- formance guarantee for Dry Mill Townhouses Sub- division, Phase 2A and Phase 2B The resolution was then adopted by the following vote: Aye: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Clem Nay: None Absent: Atwell and Webb On motion of Councilmember Umstattd, seconded by Councilmember Zoldos, the following resolution was then proposed: 2000-47 - A RESOLUTION - supporting the efforts of the Loudoun County Board of Supervisors to have Dry Mill Road between the Route 7 Bypass and Old Route 7 and Old Route 7 Between Dry Mill Road and Route 287 designated as a Virginia Scenic By-way. This motion was then adopted be the following vote: Aye: Nay: Absent: Councilmembers Jackson, McDonald, Umstattd, Zoldos and Clem None Atwell and Webb There was no new business. The meeting adjourned at 9:47 p.m. J~mes E. Clem, Mayor