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HomeMy Public PortalAbout2000_03_14MINUTES COUNCIL MEETING March 14, 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Clem presiding. Councilmembers Present: George Atwell, Mervin V. Jackson, Leonard McDonald, Kristen C. Umstattd, Vice Mayor Webb, Robert Zoldos and Mayor Clem. Staff Members Present: Robert S. Noe, Town Manager, William E. Donnelly, Town Attorney, Director of Engineering & Public Works Thomas A. Mason, Director of Finance Paul York, Director of Parks and Recreation Kaj Dentler, Director of Planning, Zoning & Development Michael Tompkins, Director of Utilities Randy Shoemaker, Chief of Police Joe Price, Major McVeigh, Personnel Director Nancy Fixx, Consultant Jay Lambert, Public Tnformation Officer Susan Farmer, Zoning Administrator Brian Boucher, Planner Stacey Rothfuss, and Acting Clerk of Council Mary Mack. AGENDA ITEMS A. ]:nvocation was led by Councilmember Atwell. B. Salute to the Flag was led by Councilmember Jackson. C. Roll Call showing Councilmember McDonald not present. (Note: Mr. McDonald joined the meeting at 7:36 p.m.) Minutes: On motion of Councilmember Jackson, seconded by Councilmember Zoldos, the following minutes were unanimously approved with abstentions from Mr. Atwell for February 8 and 23 meetings, and abstentions by Vice Mayor Webb for the meetings of February 22 and 23, 2000: a. Council Meeting minutes of February 8, 2000 b. Council Meeting work session minutes of February 22, 2000 c. Council Meeting minutes of February 23, 2000 Presentation of Certificate of Appreciation to Gary Heskett. Mr. Heskett was also honored for his efforts by a letter from Mayor Marsh of Purcellville, where Mr. Heskett is a resident. F. Petitioners: The Council agreed to invoke the use of the timer for limiting speakers to a total of five minutes to address Council. Karen Jones, a member of the Leesburg Economic Development Commission, addressed the Council to follow-up on a letter from the Commission regarding filling the new position of the Community Development Assistant for the Department of Economic Development. She spoke of the strategic plan for the Commission with identifiable goals and plans and the need for this position to be filled to support the efforts of the Commission to enhance and expand the economy of the community in the areas of tourism, business development and retention and historic district and downtown development. She went on to name Leesburg Town Council Minutes for 3/14/00 Page #2 the projects planned by the Commission. She asked for this position to provide assistance for the Director in support of the Commission's goals and for the individual members of the Commission's goals and for the individual members of the Commission who will take an active role in facilitating the various activities. Mary Beth Woodford, petitioned the Council to provide an elementary school site for the southeast quadrant to avoid the need for busing children out of the area. She also submitted petitions in support of the efforts of the Board of Supervisors and the Leesburg Town Council to designate new schools to serve their growing population. The petition also requests that the Town of Leesburg commit to obtaining an elementary school site as agreed upon in the annexation area development policy and asked that provisions for obtaining this site be included in the 2001 Town Budget. Ann Andre., a resident of Beauregard Drive also addressed the Council in support of a need for providing an elementary school site to avoid busing for their children. Samuel L. Riley, 88 Heritage Way, N.E. #205, a new resident of the town was present to protest a $250 fee charged for a tent permit. He asked for reconsideration of the fee for non-profit organizations noting that it seemed an extravagant fee. Patrice Box., an art teacher at Loudoun County High School, addressed the Council regarding funding for an academic travel program through EF :Institute for Cultural Exchange, :[nc. She had some of the nine students with her that would benefit by this program. She said the fee for each student is $3,700. Pam Stewart addressed the Council in support of the Walk for Cystic Fibrosis scheduled for May 20th at Loudoun County High School. She named some of the sponsors that are participating in this and asked for support from the Council members by their participation. Nick Longworth, 109 Liberty Street, spoke in support of the academic travel program proposed by Ms. Box. Lisa Speet, a resident of 98 Heritage Way N.E., addressed the Council on behalf of the Leesburg Economic Development Commission for the downtown community. She spoke of their concern for loss of an attraction to the downtown after hours and the need for a performing arts center in historic downtown Leesburg. She asked that this matter be a high priority for the Town. Mayor Clem stated that the theatre is not under contract and informed Ms. Speet that he has spoken with Mr. Uram and he has a goal for building a cultural center for Leesburg. Ms. Umstattd stated that Herndon has a new playhouse and suggested that getting additional information on its success and location may be helpful. Ms. Speet agreed to look into this. Mayor Clem asked Mr. Dentler to work with the group. Bill Zawacki., a resident of 129 Chesterfield Place S.W., stated his concerns for the procedural changes with regard to the four scheduled public hearings on the agenda for this evening and the fact that action is also proposed. He stated he would like to see the procedures returned to a public hearing one week and action two weeks later. Leesburg Town Council Minutes for 3/14/00 Page #3 10. David Heatwole was present to request the Council's consideration for his requested fee waiver for the Umbrella Offering for this project in May. 11. Sue Browning, resident of 202 Appletree Drive, N.E. Ms. Browning was present to protest construction of a concrete stormwater detention structure in her neighborhood. She voiced concerns for safety issues, noise and vandalism, aesthetics and a potential for lowering property values. She also said she was speaking for her neighbor Ms. Patty Foster of 101 Cherry Lane N.E. Mr. Noe was asked to look into this matter. Mayor Clem announced that Supervisor Herring wanted to address the Council, but had a meeting conflict and that he would be available later in the meeting. G. Public Hearings: SE-200-01 to allow a vehicle rental facility at 356 East Market Street in the B-2 Zoning District. Planner Stacey Rothfuss presented the staff report for this hearing. Mr. Tom Thomas, a representative for Thrifty Car Rental was present for this hearing. Council- members were concerned about the trees for the property and any changes to the landscaping. Ms. Rothfuss stated there would be no loss of trees and no additional asphalt. There was no one to speak for or against this hearing. The'public hearing was closed at 8:42 p.m. Zoning Ordinance Amendment reqardinq the Airport Overlay District. Zoning Administrator Brian Boucher gave the staff report for this proposed amendment. Vice Mayor Webb stated her concerns for a need to bring this land into the Town. She also suggested that this proposed amendment be taken to the Airport Commission. Councilmember Zoldos stated that this was a major problem at Dulles airport and said he feels it is a good thing to do. Councilmember Umstattd stated potential problems regarding the timing of notification. Mr. Boucher agreed that this is a problem. Mr. Atwell agreed that this should go to the Airport Commission. There was discussion of the wording of the notifications and the problems of enforcement. Ms. Webb reiterated her concerns for for the need to acquire the land around the airport. There was no one to speak for or against this public hearing. Mr. Boucher confirmed that this will be taken to the Airport Commission. The hearing was closed at 9:07 p.m. Zoning Ordinance Amendment to Supplemental Requlations for PEC District. Brian Boucher also gave the staff report on this proposed amendment, explaining the rationale for amending the ordinance for commercial development. There was no one present to speak for or against this hearing. The public hearing was closed at 9:12 p.m. Mayor declared a brief recess before proceeding with the remainder of the agenda. Receiving the DMG-Maximus Management Study of the Police Department: Mr. Noe introduced Mr. Richard P. Brady, Vice President for Management Studies for DMG Maximus and the Project Manager for this Study, Mr, Brady and Mr, Travis R. Miller then gave a brief summary of the Study. At the conclusion of this presentation, Mr, Brady was asked if someone could be present at the work session of the 27th for a question and answer period, Mr, Brady stated that would be possible, Ms, Umstattd stated that one question she would like answered is whether our officers are getting enough training in the law with regard to what they need to know in carrying out their Leesburg Town Council Minutes for 3/14/00 Page #4 duties. Chief Price was recognized and stated he has read the Study and will be present for the work session. I. Councilmember comments: B. J. Webb stated reminded that April is Keep Loudoun Beautiful month and asked that everyone get involved. Mervin Jackson said he had no comments. Kristen Umstattd advised Ms. Webb of some monies coming from the State for Keep Loudoun Beautiful and stated that perhaps Parks and Recreation might get involved with administration. She also advised the Council that the Planning Commission has forwarded the Leesburg Commons application with a recommendation for approval but cautioned everyone that with the recommendation there are a substantial number of conditions and that the application is very complex and involved. Georqe Atwell had no comments. Leonard McDonald advised that if the Town is to participate in the Loudoun Transit Authority we need to move ahead on this. He stated his excitement regarding the Balls Bluff issue. Mayor's comments: Mayor Clem stated that acquiring the Balls Bluff property was hard work, but certainly worth it to have our own road to the river with a boat ramp. He said he would vote to name the road Buttery Lane due to Hr. Buttery's efforts for this project. Robert Zoldos acknowledged the hard work that went into acquiring the Balls Bluff property as well as the old Isaac Walton property. K. Manaqer's comments: Hr. Noe stated he had no verbal report. Mayor Clem then recognized Leesburg Supervisor Hark Herring and Catoctin District Supervisor Sally Kurtz of Lovettsville. Mr. Herring stated he wanted to appear before Council to report a few things and touched on the County Administration Building possible expansion, Review of the Comprehensive Plan, Transportation Issues, particularly improving Route 15 South of Town to the Woodlea entrance. He spoke of a need to incorporate street scapes and landscaping for the project, acknowledging that it is an important entrance into the Town. IVls. Kurtz stated that if the Town is willing to work on this project, it probably will require some lobbying. Mr. Zoldos commented on a need to continue the widening project to 704. Councilmember Atwell thanked both of the supervisors for coming before Council and spoke of a need to limit speed on the bypass. Mayor Clem spoke of a need for support on the dispatcher service to be coordinated with the County's new system. Councilmember Umstattd stated her pleasure that both supervisors made the effort to come before Council. L. Legislation: On motion of Councilmember Webb moved to remove the Zoning Ordinance Amendment regarding the Airport Overlay District from the agenda and to refer it to the Airport Commission for recommendation. This motion was seconded by Councilmember Umstattd. No vote was taken on this motion. Leesburg Town Council Minutes for 3/14/00 Page #5 ORDINANCES On motion of Councilmember McDonald, seconded by B. J. Webb, the following ordinance was proposed: #2000-0-07 AN ORDINANCE approving SE-2000-O1 to permit a vehicle rental facility at 356 East Market Street. Vote: Aye: Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Mayor Clem Nay: None On motion of Councilmember Jackson, seconded by Councilmember McDonald, the Council voted unanimously to refer the ordinance regarding the Airport Overlay District notifications back to committee. On motion of Councilmember McDonald, seconded by Councilmember Umstattd, the following ordinance was proposed: #2000-O-08 AN ORDINANCE approving a zoning ordinance amendment to the Supplemental Regulations to allow an increase in floor area ratio. CONSENT AGENDA On motion of Councilmember McDonald moved the following consent agenda, seconded by Councilmember Umstattd: 2000-48 - A RESOLUTION: 2000-49 - A RESOLUTION: accepting public improvements, releasing the Performance Guarantee and approving a Maintenance Guarantee for public improvements at Greenway Farm, Section 5. making a reduction of the Performance Guarantee for public improvements installed in Mead Hill. 2000-50 - A RESOLUTION: authorizing an agreement and approving a performance and a water extension permit for Western Gateway. 2000-51 - A RESOLUTION: requesting the Virginia Department of Transportation to accept certain streets, 2000-52 - A RESOLUTION: authorizing use of the Council Chambers by Christ Chapel Church. 2000-53 - A RESOLUTION: authorizing use of the Council Chambers by the Loudoun Museum. These motions were then adopted as shown below: Aye: Councilmembers Atwell, Jackson, McDonald, Umstattd, Webb, Zoldos and Clem Nay: None 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 Leesburg Town Council Minutes for 3/14/00 Page #6 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 and unanimously adopted. 2000-54 - A RESOLUTION: receiving the DMG-Maximus Management Study of the Police Department. On motion of Councilmember Zoldos, seconded by Councilmember Umstattd, the following motion was proposed: 2000-55 - A RESOLUTION: authorizing award of a contract to Owens & Dove, Tnc. in the amount of $348,597.02 for construction of the main zone water system improvements and Tda Lee Park Trail. On motion of Vice Mayor Webb, seconded by Councilmember Jackson, the following resolution was proposed: 2000-56 - A RESOLUTION: awarding a contract for the construction of the Ida Lee Park tennis court complex, Phase I to R. L. Rider & Co. in the amount of $351,880 Kaj Dentler explained the need to have this in two Phases, Phase I will provide the tennis courts and Phase II will provide the lighting and the building. He explained that the original estimates were now obsolete and therefore additional funding will be needed for Phase II with this year's upcoming budget process. Councilmember Zoldos reported that the Parks and Recreation Commission recommend this. The resolution was then approved unanimously. On motion of Vice Mayor Webb, seconded by Councilmember Jackson, the following motion was proposed: 2000-57 - A RESOLUTION: denying the fee waiver request by the Transcendental Arts Council in the amount of $650 for the use of Tda Lee Park. Mr. Heatwole asked to be recognized and again asked for reconsideration of his request. This motion was then approved as shown below: Aye: Atwell, Jackson, Umstattd, Webb, Zoldos and Clem Nay: McDonald On motion of Vice Mayor Webb, seconded by Councilmember McDonald, the following resolution was proposed: 2000-58 - A RESOLUTION: approving a short-term extension of the cable television franchise Councilmember Zoldos asked if there is another service provider? Ms. Farmer stated not at this time and reported that Adlephia owns the infrastructure that is in place. Councilmember Umstattd suggested that someone talk with Falls Church that they recently had a new service provider. The resolution was then unanimously approved. Mayor Clem asked Mr. Dentler to provide a report on the progress, attendance, revenue etc. for the skateboard park at the next work session. Leesburg Town Council Minutes for 3/14/00 Page #7 Mayor Clem asked Mr. Noe to look at the Antique Center, advising that they need a 30-day extension to vacate. There was no new business. The meeting adjourned at 11:16 p.m. Jaf~es E. Clem, Mayor Clerk of Council