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HomeMy Public PortalAbout2001_06_26COUNCIL MEETING June 26, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: Hervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, Robert Zoldos, and Mayor Webb. Councilmembers Absent: George Atwell Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Director of Utilities Randy Shoemaker, Director of Finance Paul York, Director of Parks and Recreation Kaj Dentler, Director of Personnel Nancy Fixx, Zoning Administrator Brian Boucher, Budget Officer Mike Freda, Tourism Coordinator Marantha Edwards, Budget Analyst Andrew Russell, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Councilmember Jackson. B. Salute to the Flag was led by Councilmember Zoldos. C. Roll Call showing Councilmember Atwell absent. D. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the minutes of the May 21, 2001 work session and May 22, 2001 regular session were approved. Presentations: a. Certificate of Appreciation - Lt. Doug Hickman Mayor Webb presented a Certificate of Appreciation for dedicated service to the Town of Leesburg for the period July 1973 through June 2001. b. Certificate of Appreciation - Keith Kitzmiller Mayor Webb presented a Certificate of Appreciation for Town for dedicated service to the Town of Leesburg for the period April 1975 through June 2001. c. Certificate of Appreciation - Officer Jason Shatarsky Mayor Webb presented a Certificate of Appreciation on behalf of the Town for providing unusual and timely service in the delivery of Calyx Castel, born on April 23, 2001 in her parent's automobile. Officer Shatarsky worked together to deliver Clayx Elizabeth, including assisting her to take her first breath and also attended to her mother and father until the Loudoun Rescue Squad arrived to transport mother and child to the hospital. d. Certificate of Appreciation - Officer Paul Holzerland Mayor Webb presented a Certificate of Appreciation on behalf of the Town for providing unusual and timely service in the delivery of Calyx Town Council Minutes for .lune 26, 2001 Page 2 Castel, born April 23, 2001 in her parent's automobile. Officer Holzerland worked with Officer Shatarsky to deliver Clayx Elizabeth, including assisting her to take her first breath and also attended to her mother and father until the Loudoun Rescue Squad arrived to transport mother and child to the hospital. e. Resolution of Appreciation - Reverend Peter 3. Wuebbens On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following resolution was adopted: RESOLUTZON OF APPRECTATTON WHEREAS, The Reverend Peter J. Wuebbens is retiring after forty years in the ministry, the past ten years as the Pastor of the Holy Trinity Lutheran Church in Leesburg; and WHEREAS, Pastor Wuebbens, who received his Master of Divinity from the Trinity Lutheran Seminary in Columbus, Ohio and a BA in History from Capital University in Columbus, began his service as a Pastor in 1964 for the Peach Lutheran Church in Wayland, Massachusetts. He accepted a calling to Our Savior Lutheran Church in Edison, New Jersey in 1968; and in 1978 began his service as Pastor of the Good Shepherd Lutheran Church in Charlotte, North Carolina; and WHEREAS, in July 1991, Pastor Wuebbens began his ministry with the Holy Trinity Lutheran Church in Leesburg; and WHEREAS, in his effort to become a more effective pastor and to help the members of his congregation be better citizens, he successfully graduated as a member of the Leadership Loudoun Class of :1994. He served as a member of the Leadership Loudoun Board, as President of the Volunteer Services Board, and was instrumental in spearheading the Loudoun Hospital Volunteer Chaplancy program. THEREFORE, RESOLVED the Mayor and Council of the Town of Leesburg hereby thank The Reverend Peter J. Wuebbens for his service to the residents of Leesburg and County of Loudoun and extend their best wishes to him upon his retirement. PASSED, this 26th day of June 200:1. On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following resolution of support for the Loudoun County 4-H Wildlife Habitat Evaluation Team was adopted: 2001-123 RESOLUTZON: SUPPORTZNG THE LOUDOUN COUNTY 4-H WZLDLZFE HABTTAT EVALUATZON TEAM Town Council Minutes for June 26, 2001 Paqe 3 WHEREAS, the Loudoun County 4-H Wildlife Habitat Evaluation Team, home based in Leesburg, participated in the Virginia 4-H state tournament at the Holiday Lake 4-H Center in Appomattox, Virginia on May 11 - 12, 2001; and WHEREAS, the Loudoun Team brought home the Virginia state championship title as well as the top four individual titles; and WHEREAS, as a result of winning the Virginia state title, the Loudoun County 4-H team has been invited to represent Virginia and to participate in the national tournament in Grand Targhee, Wyoming on July 29 thru August 2, 2001; and WHEREAS, these young men and women represent some of the best of the youth of Leesburg and Loudoun County, and have demonstrated that our future is in good hands. THEREFOREf RESOLVED the Mayor and Town Council of the Town of Leesburg support the positive efforts and applaud the accomplishments of the Loudoun County 4-H Wildlife Habitat Team and urges the business community to support their efforts by sponsorship of their trip to participate in the national tournament. PASSED this 26th day of ~lune 2001. F. Petitioners: Jeff McCarthy, 416 S. King Street, addressed Council. Mr. McCarthy outlined the following items, which have impacted his home as a result of the S. King Street improvement project. They are: (1) his water heater was destroyed, (2) the main sewer line crushed, (3) one water meter was removed, (4) his driveway entrance was relocated, (5) his front yard frontage was reduced, (6) a maple tree was damaged, replacement cost is $60,000, and (7) gas line by Washington Gas. Mr. McCarty stated Mr. Noe has denied his request to remove the tree from his yard and asked Council for assistance in resolving the issue. G. Public Hearing None Council Comments: Councilmember McDonald had no comment. Councilmember Zoldos extended sympathy to Randy Shoemaker and his family on the loss of Mr. Shoemaker's father. He thanked Town employees for their efforts during the recent storm. He also reminded the public of the Tndependence Day Celebration at Ida Lee Park on July 4th, Councilmember Jackson had no comment. Vice-Mayor Umstattd thanked Chief of Police Joe Price for the efforts of the Police Department during the recent storm. Town Council Minutes for June 26, 2001 Page 4 The Vice-Mayor disclosed that she had a call with reference to the development of property behind the Food Lion on S. King Street. The proposal is for apartments, single-family and commercial with retail and office. Councilmember Schmidt commented on the recent incident of a pedestrian being struck on the bypass and wished him a speedy recovery. Mayor's Comments Mayor Webb commented on Fairfax County Mayor John Marsh's report to Council on transportation issues facing Northern Virginia. She further stated the Loudoun County Comprehensive Plan does not address traffic issues in Leesburg. The Mayor suggested investigating a Bus Rapid Transit system extending to the west of Leesburg with a station in the Rt. 7/Rt. 9 area and a station in Leesburg adjacent to the Greenway. .1. I~lanagers Report: None K. Legislation: ORDINANCE On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2001-O-8 ORDINANCE ZOAM-01-02 - Amending Zoning Ordinance Sections 5C and 740 to reference the latest FEMA Floodplain Maps in the F-! and FHD Districts. The motion was adopted by the following vote: Aye: Jackson, Mcdonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 6-0-1 (Atwell absent) On a motion by Councilmember Schmidt, seconded by Councilmember Mcdonald, the following motion was proposed: ORDINANCE Amending Chapter 10, Article VI, Division 3, Sections 10-187 &10-188, of the Town Code for hours of free parking and for parking fees for spaces rented on a monthly basis in the parking garage. Councilmember Mcdonald suggested no change to the 2 hr. free parking. Councilmember Schmidt asked for removal of the incentive of parking eight vehicles. Further, he suggested asking downtown merchants to leave spaces for visitors. Town Council Minutes for .lune 26, 2001 Page Councilmember Zoldos proposed a friendly amendment to the original motion to leave the 2 hours of free parking and with the discount to remain at $25 per month. Vice-Mayor Umstattd seconded the amended motion. The motion failed by the following vote: Aye: Jackson, Zoldos and Vice-Mayor Umstattd. Nay: McDonald, Schmidt and Mayor Webb Vote: 3-3-1 (Atwell absent) On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the original motion was tabled. On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald, the following motion was proposed: 2001-O-10 ORDZNANCE Approving the Dominion Telecom Franchise Agreement. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 6-0-1 (Atwell absent) CONSENT AGENDA On a motion by Vice-Mayor Umstattd, seconded by Councilmember Zoldos, the following consent motions were proposed: 2001-109 RE$OLUT]:ON Making a reduction of the performance guarantee for public improvements installed in Stowers, Section 1. 2001-110 RESOLUT]:ON Authorizing up to $10,000 in FY 2002 Economic Development funds for the Saf-T- Ride Shuttle Bus Pilot Program. The consent motions were adopted by the following vote: Aye: ~lackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1(Atwell absent) REGULAR AGENDA On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt, the following motion was proposed: Town Council IVlinutes for June 26, 2001 Page 6 2001-111 RESOLUT/ON Amending the Pay and Classification Plan and implementing the Hendricks and Associates Study, Bob Noe verified there are three minor amendments to the amended plan, two title and one grade change, The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb, Nay: None Vote: 6-0-Z(Atwell absent) On a motion by Councilmember Jackson, seconded by Councilmember Zoldos the following motion was proposed: 2001-112 RESOLUTION Adopting the Fiscal Years 2002-2006 Capital Tmprovements Program and authorizing and making an appropriation for the Evergreen IVlill Road Sewer Forcemain Project in FY 2002. Councilmember Schmidt amended the motion to change Item #45 (Harrison Street Sidewalk) to fiscal year 2003. Councilmember Zoldos accepted the amendment. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-lVlayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-Z(Atwell Absent) On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the following motion was proposed: 2001-113 RESOLTUION Approving a Special Event Permit Policy. Kaj Dentler verified the Payne's charity bike rides would take place once each month from May thru September, He added the Town would discontinue barricading the streets from Cornwall to Market for this event, The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1(Atwell absent) On a motion by Councilmember Jackson, seconded by Councilmember Schmidt, the following motion was proposed: Town Council Minutes for June 26, 2001 Page ? 2001-114 RESOLUTION Awarding contracts for property, casualty, and liability insurance coverage for the Fiscal Year beginning July 1, 2001. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1(Atwell absent) On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-115 RESOLUTION Amending Resolutions 9:~-:~72, 92-21 and 98-:~17 relating to water connection prorata fees for annexed homes with failing wells. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb. Nay: None Vote: 6-0-1(Atwell absent) L. Boards and Commissions On a motion by Mayor Webb, seconded by Councilmember Jackson, the following motion was proposed: 2001-116 RESOLUTTON Making an appointment to the Board of Architectural Review - Michael J. Boyle. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb. Nay: None Vote: 6-0-1(Atwell absent) On a motion by Councilmember McDonald, seconded by Councilmember Zoldos the following motions were proposed: 2001-117 RESOLUTTON Making an appointment to the Airport Commission - Steve Hutchens 2001-118 RE$OLUTTON Making an appointment to the Balch Library Advisory Commission - Frank Buttery Town Council Minutes for June 26, 2001 Page 8 2001-119 RESOLUTTON Making an appointment to the Cable Television Advisory Commission - Richard Herndon 2001-120 RE$OLUTTON Making an appointment to the Parks and Recreation Advisory Commission - Frederick P. Lillis 2001-121 RE$OLUTTON Making an appointment to the Tree Commission - J. D. Hicks The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1(Atwell absent) Councilmember McDonald made a motion to appoint Teresa Minchew to the Planning Commission. Vice-Mayor Umstattd seconded the motion. Mayor Webb asked that this appointment be tabled until the July 10th Council meeting at which time a resume will be provided by Ms. Minchew. t4. New Business: On a motion by Councilmember Schmidt, seconded by Councilmember McDonald, the following motion was proposed: 2001-122 RESOLUTZON Amending the fiscal year 2002 budget and appropriating $50,000 from fiscal year 200:~ to fund a sign assessment and implementation plan from the Economic Development Department account. Vice-Mayor Umstattd recommended amending the resolution to include installation of the signage. Councilmember Schmidt agreed with the amendment. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb. Nay: None Vote: 6-0-1(Atwell absent) Councilmember Zoldos discussed changes to the Code of Federal Regulations (CFR) with reference to web sites on the internet and assisted listening for the visually impaired. Staff was asked to see if the Town of Leesburg website complies with this regulation CFR 508. Town Council Minutes for June 26, 2001 Paqe 9 Councilmember Zoldos made a motion, seconded by Councilmember Schmidt, to defer the design and engineering for the Chancellor Street emergency access study. The motion failed on the following vote: Aye: Zoldos, Schmidt, and Mayor Webb Nay: McDonald, Jackson and Vice-Mayor Umstattd Vote: 3-3-:~ (Atwell absent) The meeting adjourned at 8:55 p.m. B~~3 We b of Council