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HomeMy Public PortalAbout2000_03_28COUNCIL MEETING March 28, 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Clem presiding. Councilmembers Present: George F. 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 Planning, Zoning & Development Michael Tompkins, Director of Utilities Randy Shoemaker, Budget Officer Michael Freda, Public Information Officer Susan Farmer, Zoning Administrator Brian Boucher, and Acting Clerk of Council Mary Mack AGENDA ITEMS A. Invocation was led by Vice Mayor Webb. B. Salute to the Flag was led by Councilmember Zoldos. C. Roll Call showing Councilmember McDonald not present. (Note: Mr. McDonald joined the meeting at 7:35 p.m.) D. Presentation of Certificate of Appreciation to Street Department for their outstanding service to the citizens of Leesburg in performing their various duties throughout the town. E. Proclamations: On motion of Councilmember Umstattd, seconded by Councilmember Zoldos, the following proclamation was unanimously adopted: A PROCLAMATION for' A/bo/' Day- April , 000 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a day be set aside for the planting of trees; and WHEREAS, this special day, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, trees can reduce the erosion of top soil, moderate temperature, reduce heating and cooling costs, clean the air and produce oxygen; and WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, the Town of Leesburg has been recognized as a Tree City USA by the National Arbor Day Foundation for eleven consecutive years and desires to continue its tree plantings: Leesburg Town Council Minutes for 3/28/00 Page #2 THEREFORE BE IT RESOLVED: that the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim April 1, 2000, as the official Arbor Day of the Town of Leesburg for the year 2000. On motion of Councilmember Umstattd, seconded by Councilmember Zoldos, the following proclamation was unanimously adopted by the Council: A PIIOtTI_/IMATIOA/ For Art for f Itat'JO/ /[/lOlttII WHEREAS, art makes major contributions to the quality of life, health and happiness of all citizens; and WHEREAS, the Transcendental Arts Council (TAC) based in Loudoun County was formed in 1995 to assist the needy through Loudoun charities using its theme of "Changing the way ......... ART WORKS"; AND WHEREAS, the Transcendental Arts Council has organized a unique project called the Umbrella Offering that in May will realize benefits for a number of Loudoun charities; THEREFORE BE IT RESOLVED: that the Mayor and Council of the Town of Leesburg hereby proclaim the month of May, 2000, as Art for Charity Month; and urge all citizens to support and encourage artists to join in community efforts, thus helping those neighbors and families less fortunate. F. Minutes- None G. Petitioners.' The Council agreed to invoke the use of the timer for limiting speakers to a total of five minutes to address Council. Al Leftcowitz, representing the writer's center. Mr. Leftcowitz was reporting on the success of the writers center and thanked the Town and John King for their support over the years and asked the Council for their continued support in this endeavor. Heidi Sheppard, representing the Small Business Development Center. She outlined the assistance their organization provides to both new and existing small businesses in the area by providing targeted training and other assistance as requested. Ms. Sheppard asked the Council for the continued support for the coming year. Laura MacLaurin, Executive Director for Interfaith Relief. Ms. MacLaurin was present to ask for relief from the charges for the trash collection = $195 per month, explaining how that relief would provide so very much more value in food for needy families. IVlr. Noe was asked to look in the Uran monies to see if there is money available. Jimmy Dorsey, resident of 839 Balls Bluff Road, and Chairman of the Town's Environmental Advisory Commission. Mr. Dorsey was present to asked for the Council's endorsement of the Chesapeake Bay 2000 Agreement that the EAC, Tree Commission and Parks and Recreation Commission want to endorse. He asked Leesburg Town Council Minutes for 3/28/00 Page #3 that this request be considered under new business at tonight's meeting. Councilmembers Zoldos and Webb both endorsed this request. Jack King, 614 Striblinq Court, Woodlea Manor was present to speak for a great number of citizens present in the Council Chambers in opposition to a proposed subdivision in the County adjacent to the Woodlea Manor Subdivision. He stated that this subdivision would need to be served by Town water and sewer and requested that the Council not allow these connections. He also spoke of the aesthetic and traffic impacts this additional density would bring to the area and asked for a show of support by having those present stand. Almost all of those present with the exception of staff members present stood in support of this request. Reese, 609 Jacob Court, S.W. also of Woodlea Manor also spoke in opposition to this Ed proposed rezoning from A-3 to R-4. He asked for the Council's careful consideration of their request for water and sewer, pointing out that the increased density would only be possible with the service of central water and sewer. Bill Hudspeth, 614 Catesby Court, S.W. in Woodlea Manor also addressed the Council, relating the results of a rather hurried telephone survey conducted in the area and pointing out that 237.5 households in the area are against the present proposal and asked for the Council's careful consideration of this proposed request. There were several Councilmember comments regarding this proposed development and the service of water and sewer outside the corporate limits. Upon a request to vote on this matter, IVlayor Clem advised that it would not be wise for the Council to vote on an appli- cation that has not been presented to them, stating he had learned this lesson the hard way. Jeff Taylor, 1206 Hawlinq Place, S.W. also a resident of Woodlea Manor, stated he represents the conservancy and that they have adopted a neutral stance on this matter pending further information. He advised that they are currently taking a written survey of their members. Miss Umstattd advised those present to contact and speak with the Board of Supervisors' representative regarding this matter, telling them that it is worth everyone's time. Mr. Noe advised the Council that everyone has a right to make their case, but advised the Council that it is not wise to forecast future actions. There were no further petitioners and the room was cleared. H. Public Hearing: Zoninq Ordinance Amendment reqarding an autobody shop in the [-1 Zoninq District. Zoning Administrator Brian Boucher gave the staff report for this proposed amendment. He concluded his report by reporting that the amendment proposed is the one that was recommended by the Planning Commission following their review. Mayor Clem recognized the petitioner for this ordinance amendment, Mr. David Burwell. He stated that they have a site-specific area and asked for the Council's favorable comment. There was no one else present to speak for or against this item, and the public hearing was closed at 8:45 p.m. Leesburg Town Council Minutes for 3/28/00 Page #4 Councilmember McDonald stated he would like to defer this matter for the two week period. Ms. Umstattd confirmed that the petitioner had no time constratints. This matter will appear on the next agenda. I. Councilmember comments: B..1. Webb reported that she had lunch with Governor George W. Bush today. She reported on the success of the Loudoun Country Day auction held last weekend and thanked everyone for their participation and reported that she had attended the Thank You Dinner held by the Salvation Army for its volunteers. Robert Zoldos reminded everyone of the Arbor Day Celebration scheduled for April 1, stating it is the millennium event of the year. He also reported that the town is 71 trees short of its 2000 trees by 2000 and encouraged everyone to help reach this goal. Mervin Jackson stated he had no comments. Kristen Umstattd thanked supervisor Mark Herring and the Board of Supervisors for accelerating funds for the new school site. Georqe Atwell had no comments. Leonard McDonald stated with the upcoming meetings now scheduled, he wants to see a tax cut to help modify the increased assessments. He also announced that he and his wife will be celebrating their 28th anniversary tomorrow evening. Mayor's comments: Mayor Clem reported that he also attended the Salvation Army's "Thank You" dinner and wished them well for the coming year. He also reported that he had attended a meeting of the Loudoun Child Care Network during the past week. Em Manager's comments: Mr. Noe introduced the new budget officer for the town, Mike Freda. He also advised Council that he will be presenting them with a budget for April i and asked Council for their preferences on scheduling budget workshops. It was decided to have one evening meeting and one Saturday workshop. The first evening meeting was scheduled for April 4th. L. Legislation: ORDINANCES I On motion of Councilmember McDonald, seconded by Councilmember Jackson, the Council voted unanimously to send the proposed ordinance regarding the I-1 zoning amendment back to committee. [ CONSENT AGENDA I Councilmember Webb moved the following consent agenda, seconded by Councilmember McDonald: 2000- 59 - A RESOLUTION: initiating a Zoning Ordinance amendment regarding Home occupation regulations. Leesburg Town Council Minutes for 3/28/00 Page #5 2000- 60 - A RESOLUTION: 2000- 61 - A RESOLUTION: 2000- 62 - A RESOLUTION: 2000- 63 - A RESOLUTION: authorizing an agreement and approving an amendment to the performance guarantee for Potomac Station Drive (Station 21+96.03). authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station, Sections 8C, D, E and F. authorizing an agreement and approving a performance guarantee and water and sewer extension permits for River Creek, Phase V, Section 1 (Shoal Creek Drive.) making a reduction of the performance guarantee for public improvements installed in Greenway Farm, Section 8. 2000- 64 - A RESOLUTION: authorizing an agreement and approving a performance guarantee and water extension permit for Cardinal Tndustrial Park, Lot 9. 2000- 65 - A RESOLUTION: authorizing use of the Council Chambers by Loudoun County Chamber of Commerce Councilmember Zoldos clarified that the use of the Council Chambers is to hold a candidates forum for the coming local elections. Councilmember Jackson asked Mr. Mason to validate the reduction of the Greenway Farm performance bond. Mr. Mason confirmed that the reduction was justified by the amount of work that has been satisfactorily performed. 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 verify the contract award to General Excavation, Inc. There were no further questions. On motion of Councilmember Jackson, seconded by Vice Mayor Webb, the following motion was proposed and unanimously adopted, 2000- 66 - A RESOLUTION: authorizing award of a contract to General Excavation, :[nc. in the amount of $327,376 for construction of the main zone water system improvements, Phases 6, 7, 9 and 10. Mayor Clem recognized Director of Engineering and Public Works Thomas Mason to verify the award of the contract for review of engineering drawings. There were no further questions. On motion of Councilmember Jackson, seconded by Councilmember McDonald, the following motion was proposed: 2000- 67 - A RESOLUTION: awarding a contract for the review of engineering construction drawings to Post, Buckley, Schuh and Jernigan, :[nc. The vote on this motion was unanimous. Leesburg Town Council Minutes for 3/28/00 Page #6 Councilmember Zoldos announced he would be abstaining from any action on the next resolution and left the podium. Paul York was recognized and explained the need for using the request for proposal method for this procurement. On motion of Vice Mayor Webb, seconded by Councilmember Jackson, the following resolution was proposed. 2000- 68 - A RESOLUTZON: authorizing issuance of a request for proposals and competitive negotiation for the procurement of property and casualty insurance. This resolution was then approved by the following vote: Aye: Nay: Abstain: Atwell, Jackson, McDonald, Umstattd, Webb and Clem None Zoldos New Business On motion of Councilmember Umstattd, seconded by Councilmember Zoldos the following resolution was unanimously adopted by Council. 2000- 69 - A RESOLUTION: endorsing the Chesapeake Bay 2000 Agreement Councilmember Atwell asked for assurances that the Balls Bluff site would not be compromised and was told it would not. Councilmember Umstattd thanked the three Commissions for bringing this forward to the Council. Vice Mayor Webb asked for a letter of condolence be drafted sent to Governor Gilmore on the death of his mother, Margaret--for all of their signatures. Councilmember Atwell stated that he would not be able to make the April 4th budget meeting and suggested that it be moved to Monday night. Mayor Clem stated he does have a conflict that evening. Following discussion regarding various conflicts, it was decided that the first budget meeting would be held on Monday the 3rd at 7:00 p.m. Mayor Clem apologized to the high school group that were waiting, advising them that they had no information for them. It was decided that a phone survey would be done for any disbursements to be made from the Uran account. The meeting adjourned at 9:18 p.m. E. Clem, Mayor