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HomeMy Public PortalAbout2000_10_17COUNCIL MEETING October 17, 2000 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, Robert Zoldos, and Mayor Webb. Staff Present: Robert Noe, Town Manager, William Donnelly, Town Attorney, Phillip Rodenberg, Deputy Town Manager, Director of Engineering and Public Works Tom Mason, Director of Utilities Randy Shoemaker, Director of Personnel Nancy Fixx, Budget Officer Mike Freda, Zoning Administrator Brian Boucher and Clerk of Council Judy Ahalt. AGENDA ITEMS B. C. D, Invocation by Councilmember Jackson. Salute to the Flag led by Mayor Webb. Roll Call showing all members present. Minutes: On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson the minutes of September 11, 2000, September 12, 2000, September 25, 2000 and September 26, 2000 were unanimously approved as submitted. E. Presentations: Mayor Webb presented a Certificate of Appreciation to Walter Nelson Downs for 31 years of dedicated service to the Town of Leesburg. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following resolution of respect for Jeff Minor was approved unanimously: RESOLUTION OF RESPECT JEFFREY H. MINOR WHEREAS, Jeffrey H. Minor died tragically in an auto accident on September 17, 2000; and WHEREAS, Jeffrey H. Minor served as Assistant Town Manager from April, 1976 to September, 1984; and WHEREAS, Jeffrey H. Minor served as Town Manager from September, 1984 to September, 1990 for the Town of Leesburg; and Town Council Minutes for October 17, 2000 Page 2 WHEREAS, many fine things were accomplished during his tenure with the Town of Leesburg, including the design and construction of a New Town Hall and parking garage. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their deepest sympathy to the members of Mr. Minor's family; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his family. PASSED this 17th day of October 2000. F. Proclamations On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald the following proclamation was approved unanimously. for T/OA/,4 L DO/FIE$ l-lC VIOL EA/tTE N/AREA/ESS MOA/IH WHEREAS, domestic violence transcends all ethnic, racial, and socioeconomic boundaries. Its perpetrators abuse their victims both physically and mentally and the effects of their attacks are far-reaching - weakening the very core of our communities. Domestic violence is particularly devastating because it so often occurs in the privacy of the home, which is meant to be a place of shelter and security and many Americans may not realize how widespread it is. During the month of October, all Americans should contemplate the scars that domestic violence leaves on our society and what each of us can do to prevent it; and WHEREAS, the Violence Against Women Act (VAWA), which Congress passed in 1994 and was signed into law as part of the comprehensive crime control bill has worked to reduce domestic violence; and WHEREAS, VAWA programs are making a difference across the country and a recent report by the Bureau of Justice Statistics show that the number of women experiencing violence has declined 21 percent from 1993 to 1998. The Administration has called upon Congress to reauthorize and strengthen VAWA so that we may continue to build on the progress made in combating domestic violence in our nation; and THEREFORE BE IT RESOLVED: that the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim October, 2000 as "National Domestic Violence Town Council Minutes for October 17, 2000 Page 3 Awareness Month" and urge government officials, law enforcement agencies, health professionals, educators, community leaders, and all citizens to join together to end the domestic violence that threatens so many of people. PROCLAIMED this 17th day of October, 2000. G. Petitioners Melinda and Randy Kramer addressed Council concerning the noise created by heat pump units on portable buildings at the Loudoun Country Day School. She also expressed concerns with the dumpster's unsightliness and the lack of screening around the them. Mayor Webb referred this matter to the Town Manager. Mr. Noe stated he has been in touch with Ms. Kramer and advised that the School has agreed to fence the dumpster area. He further suggested that the police department be called to address the noise problem. Debbie Terrell addressed Council with reference to an incident that occurred on the W&OD trail some weeks ago. She stated that she has contacted Chief of Police Price for some clarification as to what exactly had happened on the trail. Chief Price advised that there are some discrepancies with the reports of the incident. Ms. Terrell asked that facts be shared with the community in the future so that they can determine whether there is need for them to be concerned. Public Hearings a. Joint Public Hearing with the Planning Commission Planning Commissioners Present: Katherine Kearns, Clifton Vaughan, Chairman Gus Glikas, Charlotte Cable, Dave Kennedy and Larry Schonberger. The public hearing opened at 8:00 p.m. ZOAM 00-08 - Zoninq Ordinance Amendment to Section 4E to require Special Exception Approval for a major public utility in the z-1 District. Brian Boucher outlined this Zoning Ordinance amendment to Section 4E to require special exception approval for a major public utility in the T-1 District. This special exception requirement will give Council the opportunity to exercise its legislative discretion to determine if a particular major public utility is suitable in a particular location in the 1-1 District and to mitigate any negative impacts. Staff recommends that electric substations, telephone dial centers and repeater stations without tower facilities be excluded. Planning Commissioner Charlotte Cable asked if there is a possibility thata major public utility will needa plan amendment. Depending on where it is located, under the comprehensive plan you may need a commission permit. Brian Boucher stated that if the major utility has not previously been shown on the Community Facilities Map of the Town Plan a commission permit would be required. Town Council Minutes for October 17, 2000 Page 4 Bridqett Banqert addressed Council in support of this zoning ordinance amendment. She stated that she has T-1 very close to her neighborhood and this will give an assurance to citizens that attention to details will be given to the impact on surrounding neighborhoods. This public hearing closed at 8:07 p.m. Mayor Webb asked that the Planning Commission provide a recommendation to Council for the October 31st meeting. ZOAM 00-05 - Tnitiatinq Zoninq Ordinance Amendments to District Size Requirements in the B-3 Zoninq District. Councilmember Jackson abstained from discussion on this matter. Brian Boucher outlined the proposed Zoning Ordinance amendment to Section 4C to waive the five-acre minimum district size requirement of the B- 3 District in cases where a lot is proposed to be rezoned to B-3 consistent with the Town Plan but does not contain five acres in area and is not contiguous to an established B-3 District. He stated there are only 3 parcels in Town to which this would apply. The public hearing opened at 8:12 p.m. There were no petitioners for this public hearing. The public hearing closed at 8:13 p.m. It was the consensus of Council that this legislation would be voted on at tonight's meeting. c. Vacation of a 35' Buildinq Restriction Line on Lot 38r Section if Leesburq Country Club Bill Donnelly outlined this request to vacate a building restriction line for Lot 38 in Leesburg Country Club. He explained the current 35-foot building restriction line reflects the setback under Loudoun's Zoning Ordinance, the lot having been in the County when Country Club was subdivided. Also, this property has R-4 zoning which has a 20 ft. building restriction line. Therefore, he is recommending vacation of the 35' building restriction line to allow the owner to locate a small addition. The public hearing opened at 8:14 p.m. There were no petitioners for this public hearing. The public hearing closed at 8:15 p.m. It was the consensus of Council to vote on this legislation at tonight's meeting. do Amendinq Chapter 17, Article III, Tax on Purchases of Utility Servicesr of the Town Code to incorporate chanqes to the method of calculatinq the tax on electric and natural qas services required by State law and to make other correspondinq chanqes. Bill Donnelly stated this proposed amendment to the consumer utility tax, which is required because of a deregulation of the gas and utility business in the state. The state law requires the method of calculating these Town Council Minutes for October 17, 2000 Page 5 taxes be changed from a dollar amount of the bill to a percentage of amount of services actually consumed. He assured the public that this change will not result in any additional taxes or revenue; it will be revenue neutral. This will go into effect on January 1, 2001. Vice-Mayor Umstattd questioned how the General Assembly could be so sure that this will be revenue neutral. Mr. Donnelly the calculations are designed so that there will not be an increase. The public hearing opened at 8:26 p.m. There were no petitioners. The public hearing closed at 8:27 p.m. I. Coun¢ilmember Comments Councilmember McDonald reported that he participated in a conference call with Councilmember Zoldos, staff, and Adelphia Cable. Councilmember McDonald congratulated Nelson Downs on his retirement from the Town of Leesburg. He further reflected that it is his vision that people can live, work and retire in Leesburg. Councilmember Zoldos reminded Council and citizens of the Halloween Parade on October 31st at 6:00 p.m. The parade is sponsored by the Kiwanis Club and will be using an alternate route this year necessitated by the S. King Street improvements. Councilmember Atwell disclosed a meeting with the Mr. Sevila and Mr. Burton on Leesburg Commons and expressed concerns about the project. He also attended the first meeting of the Facilities and Office Space Task Force with Loudoun County. A report and recommendation is expected to the Board of Supervisors by Feburary/March to meet their FY-200 budget requirements. Councilmember Jackson had no comments. Vice-Mayor Umstattd disclosed that she too had met with Mr. Sevila and Mr. Burton with the Peterson Company. She expressed concerns in three areas with the Leesburg Commons (1) a phasing change for more office/less retail up front, (2) overall more office than retail, and (3) bridge at Rt. 7 intersection in brick or stone facing. Councilmember Schmidt reminded of the Economic Development Commission community input plan on the downtown work plan. This is an opportunity for the public to comment on October 18 at 7:00 p.m. Mayor Webb reported that the AADP committee met this afternoon and it was the consensus that the Leesburg Commons application in its current form does not agree with the AADP Agreement. Mayor Webb also disclosed a meeting with Town Council Minutes for October 17, 2000 Page 6 the Leesburg Commons applicant. Leesburg Commons will return to Council on October 30th for more discussion. She also met with Hobie Mitchell, who represents the Commonwealth Transportation Board to talk about some outstanding issues not funded on the 6 year plan or under funded such as Sycolin Road and the Bypass and Battlefield Parkway. New Business Items Mayor Webb announced that a new item would be added to the end of the agenda, the issuance of the addendum for the employment contract of the Town Manager. On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the receiving and opening of the cable television service providers be moved to the next regular town council meeting on Tuesday, October 31, 2000 was adopted unanimously. ORDINANCES On a motion by Councilmember Umstattd, seconded by Councilmember Schmidt, the following motion was proposed: ORDINANCE 2000-0-28 ZOAIVl 00-05 Modification to the minimum district size in the B-3 District. The motion was adopted by the following vote: Aye: Atwell, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Abstain: Jackson Vote: 6-0-1 ORDINANCE ZOAM 00-08 Major Public Utility by Special Exception in the I-1 District. This item was referred to the October 31st Council meeting for action. On a motion by Councilmember McDonald, seconded by Councilmember Zoldos, the following motion was proposed: ORDINANCE 2000-0-29 Vacation of a 35' building restriction line on Lot 38, Section 1, Leesburg Country Club The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember .lackson, the following motion was proposed: Town Council Minutes for October 17, 2000 Page 7 ORDINANCE 2000-0-30 Amending Chapter 17, Article III, Tax on Purchases of Utility Services of the Town Code to incorporate changes to the method of calculating the tax on electric and natural gas services required by State law and making other corresponding changes. The motion was adopted as shown below: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 CONSENT AGENDA On a motion by Councilmember Jackson, seconded by Councilmember Atwell, the following consent items were proposed: RESOLUTION 2000-192 Selecting a landscaping plan for the median of the entrance ramp into Leesburg from Route 7 to West Market Street. RESOLUTION 2000-193 Making a reduction of the performance guarantee for public improvements installed in Potomac Station, Section 6BCD. RESOLUTION 2000-194 Accepting public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Leesburg Corner Premium Outlets, Fort Evans Road Improvements. RESOLUTION 2000-195 Authorizing a time extension for completion of public improvements and approving a performance guarantee for Beauregard Estates, Phase 2 & 3. RESOLUTION 2000-196 Making a reduction of the performance guarantee for public improvements installed in Sycamore Hill, Phase II, Section 3. RESOLUTION 2000-197 Authorizing a substitute performance guarantee for Potomac Station Drive (Station 31+62.29 to Station 42+96.03). RESOLUTION 2000-198 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for River Creek Phase III, Sec. 4 (Landbay F) & River Creek Phase V, Section 2 Landbay M. RESOLUTION 2000-199 Approving the use of a temporary sewage pumping station for the proposed Heritage High School. Town Council Minutes for October 17, 2000 Page 8 RESOLUTION 2000-200 Accepting public improvements, releasing the performance guarantees and accepting warranty guarantees for public improvements at Kincaid Forest, Sections 6A, 8A & 8B, 9A, 9B, 9C, 9D, and :10A in accordance with the Surety Settlement agreement. The motion was adopted as follows: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Councilmember Jackson, seconded by Councilmember Zoldos, following motion was proposed: RESOLUTION 2000-20Z Authorizing the issuance of General Obligation Public Improvement Bonds The motion was adopted on the following roll call vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 RESOLUTION Authorizing separate public hearings for consideration of Zoning Ordinance amendments regarding office use in the B-1 Zoning District. No action was taken on this item. It will be returned to Council at a later date. RESOLUTION Authorizing emergency/sole source awards of tender agreements regarding the wastewater treatment plant. RESOLUTION Authorizing the Mayor to execute tender agreements regarding the wastewater treatment plant. Bill Donnelly advised Council that these proposed resolutions might want to be discussed in a private session prior to any legislative action. He also said that outside counsel, Tom Falk was present. It was the consensus of Council to discuss in an open session. Councilmember Atwell discussed the due diligence of the Baer Construction Co. in that they are made up of principals of Merrill. Mr. Donnelly explained that there are two construction contracts at the Wastewater Treatment Plant. The contractor, L. A. Merrill Construction, has gone on Town Council Minutes for October 17, 2000 Page 9 technical default. The bonding company solicited proposals to take over the project. Tt was the recommended by the bonding company that the best arrangement for the Town would be to proceed with Baer Construction who is made up of principals of L.A. Merrill. Staff and outside counsel agrees with that recommendation. Further, there will be a performance bond to back them up as before. The new bonding company is St. Paul and they would not have issued a bond if they were not satisfied with the financial stability of the company. The job will be done at the original contract price; however there will probably be a slight delay to complete the project. He stated that the first resolution proposed is to authorize procurement of the new contracts on an emergency basis. The state regulators, DEQ, have put some time constraints on the Town. That justifies awarding on the emergency basis. The second alternative is to award it on a sole/source basis because the new contractor has all the experience so far. The second resolution would be to authorize the Mayor to sign the two new contracts to keep the project moving forward. Tom Folk, Reed-Smith, a construction law specialist addressed Council. stated this is a very unusual situation because of the praise of the contractor in default. He Councilmember McDonald asked how far behind schedule this default will cause? Mr. Folk stated he estimates I 1/2 to 2 months. Councilmember Umstattd asked if the delay would have a negative impact on the loan. Mr. Folk said it should not if the project competes within its new completion date by July 2001. Randy Shoemaker stated that he has talked to DEQ regarding the 50% grant on the project and the extended time period required by this tender agreement will in no way jeopardize our loan or grant. It was the consensus of Council that action would be taken on these resolutions without a closed session discussion. On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following motion was proposed: RESOLUTION 2000-202 Authorizing emergency/sole-source awards of tender agreements regarding the wastewater treatment plant. The motion was approved on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos, and Mayor Webb Nay: None Vote: 7-0 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed. Town Council Minutes for October 17, 2000 Page 10 RESOLUTION 2000-203 Authorizing the Mayor to execute tender agreements regarding the wastewater treatment plant. The motion was approved on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 7-0 M. NEW BUSI'NESS Mayor Webb stated that on October 12 an addendum to the town manager's contract. Councilmember McDonald made a motion to accept this addendum to the town manager's employment contract. The motion was seconded by Councilmember Zoldos and adopted by the following vote. Aye: Nay: Vote Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb None 7-0 The meeting adjourned at 8:59 p.m.