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Home My Public Portal About2001_02_27COUNCIL MEETING February 27, 2001 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, and Mayor Webb. Councilmembers Absent: Bob Zoldos Staff Present: Town IVlanager Robert Noe, Town Attorney William Donnelly, Phillip Rodenberg Deputy Town Manager, Director of Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Director of Planning, Zoning and Development, Director of Finance Paul York, Chief of Comprehensive Planning Randy Hodgson, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Jackson. B. Salute to the Flag was led Eagle Scout Samuel J. Drumheller accompanied by Cub Scout Den 3, Pack 965. C. Roll Call showing Councilmember Zoldos absent. D. 14inutes On a motion by Councilmember McDonald, seconded by Councilmember Jackson, the minutes of the February 12, 2001 work session and February 13, 2001 regular meeting were approved, as amended by Councilmember Schmidt. E. Presentations: a. On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following proclamation was approved: PI OC, L4M,4 TIOA/ BLACK HISTORY MONTH WHEREAS, in February of 1926, sixty-one years after the ratification of the Thirteenth Amendment to the United States Constitution, Dr. Carter G. Woodson, a noted historian, desired to recognize the achievements and contributions of Black Americans in this country; and WHEREAS, the month of February was appropriately chosen to recognize the achievements of Black Americans as it contained the birth anniversaries of Abraham Lincoln and Frederick Douglass; and WHEREAS, the traditional one-week observance was expanded in 1976 to include the entire month of February; and WHEREAS, the members of the Loudoun Chapter of the NAACP sincerely desire to preserve and carry forth this American tradition which is relevant and insightful to all families of our community. Minutes for Town Council Meeting of February 27, 2001 Page 2 THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of February of the Year 2001 as Black History Month in the Town of Leesburg and urge the citizens of Leesburg to join in recognizing the contributions made by the Loudoun Chapter of the NAACP and other community organizations to preserve and remember the accomplishments of Black Americans throughout the history of our nation. PROCLAIMED this 27th day of February 2001. b. On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the followin§ proclamation was approved by Council. PROCLAMATION OF CONGRATULATIONS TO SAMUEL J. DRUMHELLER WHEREAS, the achievement of Eagle Scout is the highest rank awarded by the Boy Scouts of America; and WHEREAS, this positive distinction earned by one of Loudoun's residents in light of the many challenges faced by today' s youth should be recognized by all citizens of Leesburg and Loudoun County; and WHEREAS, this honor is one that will distinguish you throughout your life; and WHEREAS, Samuel J. Drumheller has earned the respect of his neighbors and fellow citizens. BE IT THEREFORE, RESOLVED that the Mayor and Town Council of the Town of Leesburg hereby congratulate Samuel J. Drumheller on the achievement of Eagle Scout. PROCLAIMED this 27th day of February 2001. F, Petitioner: Kelly Burke with Loudoun County Education Association addressed Council with reference to "Read Across America." Ms. Burke encouraged council members to take the opportunity to read to a child on March 2nd' Kelly Gower addressed Council with reference to the Leesburg Commons application. Ms. Gower gave a summary of the Leesburg Commons process and asked that Council work with developers to shape Leesburg. Bob Sevila addressed Council with reference to the Leesburg Commons application. Mr. Sevila thanked Town Council, the Planning Commission and town staff for their hard work and dedication on the Leesburg Commons application. He asked for favorable consideration from Council to withdraw their application without Minutes for Town Council Meeting of February 27, 2001 Page 3 prejudice. He added that the applicant is withdrawing the application for business purposes only. Public Hearing a. Middleburg Bank SE-2000-13 Randy Hodgson outlined this special exception application for a drive-thru at the Middleburg Bank site at the Leesburg Corner Premium Outlet Mall. He added the Planning Commission has recommended approval subject to certain conditions. Mr. Hodgson clarified the fence recommended for approval along Ft. Evans Road is not on the bank property; it remains from the Chelsea Construction. It was also clarified that the sidewalk discussed at Planning Commission is offsite of this project. Mike Banzaph, representing Middleburg Bank, addressed Council stating the bank is agreeable to the conditions recommended by the Planning Commission. He stated condition #2 could be revised to say screening from the adjacent parking lot areas. The public hearing opened 7:55 p.m. There were no petitioners. The public hearing closed at 7:56 p.m. Mayor Webb asked that Condition #2 dealing with screening with mechanical equipment be discussed again at the March 12TM worksession. H, Council Comments: Councilmember McDonald reported on the Cable Commission discussion for improvements to the Council Chambers. They also discussed the possibility of televising Planning Commission meetings. Councilmember McDonald thanked Leesburg Commons for being easy to work with and provided all information he requested. He further added that he would be supporting annexation of the urban growth area. Councilmember Atwell commented on the high level of adversarial discussions on the Leesburg Commons application. He complimented them for keeping it at that level stating: should their re-application come closer to his philosophy for eastern Leesburg on Rt. 7 he would be happy to entertain their suggestions. He gave a preliminary update on the County's Space and Office Utilization Task Force stating they will be recommending Option A to the Board of Supervisors. Option A says the administrative core and the financial offices of county government will remain at 1Harrison Street. Community Development will be moved from I Harrison Street with some satelliting. The social services will be split into a new building in eastern Loudoun. At this point, there will be no need to expand I Harrison Street. They are recommending a new school board administrative building at a new location. Further, Dodona Manor's board is in the process of restructuring and may not need the same assistance as first thought. Minutes for Town Council Meeting of February 27, 2001 Page 4 Councilmember Jackson discussed the Traffic Task Force Committee. Vice-Mayor Umstattd commented on the Richlynn Proffer amendment and asked Council to be advised that public comment at the Planning Commission did involve the traffic impact on Sycolin Road at Tavistock Drive. Also she praised the Leesburg Commons applicant for their professionalism stating she would be supporting their request to withdraw their application without prejudice. Councilmember Schmidt echoed the professionalism of Council and the Leesburg Commons applicant. He added that it is a missed opportunity that we could not come to an agreement. He reported that he joined the mayor at the Virginia Tourism Council in Washington, D.C. Councilmember Schmidt read the following resolution from the Parks and Recreation Advisory Commission into the record: RESOLUTION OF THE LEESBURG PARKS AND RECREATION ADVISORY COMMISSION IN SUPPORT OF THE COUNTY OF LOUDOUN PROPOSED BOND REFERENDUM FOR THE DEVELOPMENT OF A CENTRAL LOUDOUN PARK SITE WHEREAS, in the fall of 2001, the County of Loudoun will consider a bond referendum, in part, for the development of a central Loudoun park site on the Shellhorn property; and WHEREAS, the development of a central Loudoun park on the Shellhorn property is vital to the residents in the southwest quadrant of Leesburg and Loudoun County; and WHEREAS, development of a central Loudoun park on the Shellhorn property will benefit all of Leesburg, as well as the residents of Leesburg and Loudoun County living in the southwest quadrant of the town and county; and THEREFORE, BE IT RESOLVED, that the Leesburg Parks and Recreation Advisory Commission supports that portion of the County's proposed bond referendum for the development of a central Loudoun park site on the Shellhorn property. BE IT FURTHER RESOLVED that the Leesburg Parks and Recreation Advisory Commission encourages the support of the Leesburg Mayor and Town Council with regard to the County of Loudoun proposed bond referendum for the development of a central park site on the Shellhorn property. John Elgin, Chairman Parks and Recreation Advisory Commission This 21st day of February 2001. Minutes for Town Council Meeting of February 27, 2001 Page 5 Councilmember Schmidt asked for an update on the Izaak Walton Park site at a future worksession. I. Mayor's Comments: Mayor Webb commented that a resolution for room namings at the Balch Library Commission would be added to tonight's agenda. The mayor congratulated Lillian Stowers on her 90th birthday. She discussed the Healthcare Task Force and the denial of 16 additional beds by the State Health Commission urging the community to contact the adjudication officer to approve additional beds. Mayor Webb added that she discussed this issue with the governor. The mayor reported that she had met with a middle school group, spoke at the Blue and Gold banquet, attended the Loudoun County High School PTA art auction to support the All-night Graduation Party. J. Manager's report Mr. Noe reported that South King Street would close on March 1st from 6 a.m. to 1 p.m. between Market and Loudoun for water and sewer work repairs. Mr. Noe reported that a construction manager, Nagi Elswaisse and an Assistant to the Town Manage, Nicole Ard, have been hired by the Town of Leesburg. L. Legislation LEESBURG COMMONS Leesburg Commons - Items 1 - 4 Mayor Webb announced the Leesburg Commons applicant has requested withdrawal of their application without prejudice. Action will be taken at the March 13th council meeting to consider their request. CONSENT On a motion by Councilmember Schmidt, seconded by Vice-Mayor Umstattd, the following consent items were proposed: 2001- 19 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Northlake Section 7. 2001-20 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Potomac Station apartments. Minutes for Town Council Meeting of February 27, 2001 Page 6 2001-21 RESOLUTION Making a reduction of the performance guarantees for public improvements installed in Potomac Station 8D and 8E. 2001-22 RESOLUTION Delegating approval authority to the Town Manager for certain easement vacations. 2001-23 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in Sycamore Hill Phase I, Section 5. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, $chmidt, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 6-0-1 REGULAR AGENDA ] RESOLUTION Rescinding Resolution No. 87-220 and accelerating the Bradfield Drive connection. This item was deferred until the March ::[2 and March 13th Council meeting. On a motion by Councilmember $chmidt, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-24 RESOLUTION Awarding a contract to Waynesboro Construction in the amount of $6,458,000 for construction and renovation services related to the Ida Lee Park Recreation Center Expansion Project. Kaj Dentler verified the contract has a 450-day completion term from the date of notice to proceed. Mr. Dentler also outlined a description of the project. Councilmember Atwell asked that future contracts of this size have a clause for liquidated damages per day. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2001-25 RESOLUTION Minutes for Town Council Meeting of February 27, 2001 Page 7 Determining that competitive sealed bidding is neither practicable nor fiscally advantageous for the procurement of property and casualty insurance. Vice-Mayor Umstattd reassured the public that the purchasing process would remain competitive. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, it was proposed that James P. Roberts be appointed to the Thomas Balch Library Commission. 2001-26 RESOLUTTON Making an appointment to the Thomas Balch Library Commission. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 M. New Business On a motion by Councilmember McDonald, seconded by Councilmember Jackson, the following resolution was proposed: 20001-27 RESOLUTI:ON Accepting the recommendation from the Balch Library Advisory Commission with reference to room namings at Thomas Balch Library. Councilmember McDonald stated that each name suggested is prominent in history and deserves to be honored. Councilmember Atwell endorsed the recommendation. Mayor Webb thanked the Friends of the Balch Library for their recommendation. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 Vice-Mayor Umstattd made the following motion, seconded by Councilmember McDonald, to convene in a closed session: Minutes for Town Council Meeting of February 27, 2001 Page 8 Pursuant to Section 2.1-344(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to receive its attorney's advice with reference to a specific legal matter. The motion passed on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 The Council adjourned from regular session at 8:45 p.m. The Town Council convened in a closed session. The Town Council reconvened in regular session at 9:31 p.m. Vice-Mayor Umstattd made the following motion, seconded by Councilmember McDonald. In accordance with Section 2.1-344.1 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion passed on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 6-0-1 On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following motion was proposed: 200::L-28 RESOLUTION Denying public water and sanitary sewer service to the Tractable Power Plant site. The motion passed on the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 6-0-:[ The meeting adjourned. B. J. W~bb, Mayor Town of Leesburg Minutes for Town Council Meeting of February 27, 2001 Page 9 A-I-I-EST: erk of -~ouncil