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HomeMy Public PortalAbout2002_09_24COUNCIL MEETING September 24, 2002 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marty Martinez, David Schmidt, Robert Zoldos, and Mayor Kristen Umstattd. Councilmembers Absent: Staff Present: Town Manager Robert Noe, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Chief of Police Joe Price, Director of Planning, Zoning and Development Susan Swift, Traffic Engineer Calvin Grow, Tourism Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard, Management Intern Adam Brown, and Assistant to the Clerk of Council Debi Parry. AGENDA ITEMS Bob Noe asked for a moment of silence to remember, Josh Poyant, an employee of the Parks & Recreation Department who died earlier this month at the age of 28. A. Invocation by Councilmember Martinez. B. Salute to the Flag by Councilmember Zoldos C. Roll call D. Minutes: On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson, the minutes of the September 9, 2002 work session were approved with minor edits by a vote of 6-0-1; Zoldos abstaining. On a motion by Councilmember Martinez, seconded by Councilmember Buttery, the minutes of the September 10, 2002 meeting were approved with minor edits by a vote of 7-0. E. Presentations: F. Petitioners: Karen ]ones, Leesburg Economic Development Commission, provided an update to Council on the downtown consultants' study. She stated the consultants will return on October 10th and 11TM to meet with the downtown committee and the Leesburg Economic Development Commission. They will provide the results from the zip code survey and will begin strategic assessments. Ms. Jones reminded Council of the Economic Development Commission's Business Awards on October 21st. She further commented that the Economic Development Commission would be willing to help with the implementation of the Citizens Corps in anyway they can. Susan Williams., 40162 Main Street, Waterford, spoke in opposition to the Ida Town Council minutes for September 24, 2002 Page 2 Lee Recreation Center fee increase for Senior Citizens. She stated most of the Seniors who use the facilities at :[da Lee are on fixed incomes and will not be able to afford the new rates. She urged Council to reduce the fees and presented a petition to Council. ]ay Greeley, 1209 ]ames Rifle Court and Board Member, Loudoun County Red Cross, stated his support for the implementation of a Citizen's Corps in Leesburg and offered the assistance of the Red Cross in those efforts. Hub Turner, 1107 Bradfield Drive, stated his opposition to the proposed Chancellor Street Trail in the 20-Year Parks & Recreation Plan. Doug Goolsby, 906 Chancellor Street, provided recommended amendments to the 20-Year Parks & Recreation Plan and asking that the Chancellor Street trail either be removed from the plan or that language be added to the resolution to allow the trail to be removed at a later time. Craig Lane, 613 Cobbler Terrace, stated he has not received a response to his request addressed to Council on July 12th asking that the speed limit on Kincaid Boulevard be raised to 35 mph. Stanley Caulkins, 102 Morven Park Road, thanked Council and staff for the flowers, prayers and thoughts offered during his recent surgery and recovery. G. Public Hearing None H. Council Comments Councilmember Schmidt asked for thoughts and prayers for Leesburg resident Nick Longworth who suffered a heart attack while on overseas travel. He stated Mr. Longworth would undergo by-pass surgery next week. Councilmember Schmidt further stated he would not be attending the October 7th and 8th meetings of Council due to overseas travel for the State Department. Councilmember Martinez thanked the group of senior citizens for bringing the issues of the Tda Lee rate increase to Council. Councilmember Zoldos thanked staff for their efforts in the 9-:[1 ceremony and congratulated the Leesburg Pilots Association for finishing in the top third of the competition in the plane-pull at Dulles Airport. Councilmember Zoldos further asked the residents to follow the recommendation for voluntary conservation of water. Vice-Mayor Jackson had no comment. Councilmember Buttery disclosed his meeting with representatives of the Stratford project. He further thanked the speakers for bringing their concerns to Council. Town Council minutes for September 24, 2002 Page 3 Councilmember Kramer stated she was very happy to see Mr. Caulkins at tonight's meeting. f,layor's Comments Mayor Umstattd stated her daughter's kindergarten teacher commented on Councilmember Kramer's superlative community Service. Further, Bob Noe had praise for Councilmember Buttery's innovative suggestions regarding drought relief for residents of Southern Virginia. , further stated she attended with Mark a meeting Supervisor Herring, -L-Fnda~l~rbs and Tony Martin who had praise for Tom Mason's assistance to the County in their efforts to implement regulations on sediment control and storm water management. Further, the Mayor commented on staff's resolution of a utilities policy issue relating to Mr. Sandy Donaldson. She added that Mr. Donaldson had great praise for the efforts of Nick Martin in the Finance Department. The Mayor commented on a program by the Marshall Foundation for scholars from across the nation. She stated that according to Supervisor Herring, the Board of Supervisors supports the Town's efforts for a tank site on the Shellhorn property. She added County staff indicates the Town has not officially filed a request to put the tank site on the plan. Mayor Umstattd further thanked Town staff for their hard work with the 9/11 Memorial Ceremony. 3. Manager's Report Bob Noe commended Debi Parry for her efforts to restore water to Mr. Donaldson's property. Mr. Noe reported the Old Waterford Road water tank site special exception was approved on March 18, 1998 for five years. Utilities staff has indicated the site has fallen into disfavor and the pressure zone study indicates the site may not be needed. Staff will provide a detailed report at the next Council work session. Mr. Noe reported October 6-11 is Customer Service Week in the Town of Leesburg, and Nicole Ard is designing a large variety of activities to open the government facilities to the public. Further, Mr. Noe stated the National Peace Foundation, under the auspices of the Library of Congress, sponsors a yearly program to bring 10 Russian Leaders to the Untied States; Leesburg has been chosen to host the group. Nicole Ard has created a community group, which has been working for several weeks to determine what events to our guests should attend. He asked any citizens with suggestions to contact Ms. Ard. K. Legislation: CONSENT AGENDA Town Council minutes for September 24, 2002 Page 4 On a motion by Vice-Mayor Jackson, seconded by Councilmember Buttery, the following consent motion was proposed: 2002-:~59 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in Potomac Station Drive Station 31+62.29 to Station 42+96.03. The consent agenda was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 REGULAR AGENDA On a motion by Councilmember $chmidt, seconded by Councilmember Zoldos, the following motion was proposed: RESOLUTION Approving the proposed 20-Year Comprehensive Plan for parks, recreation, open space, trails and greenways. Mayor Umstattd stated that 22 letters have been received from citizens requesting that the Chancellor Street Trail be removed from the comprehensive plan. Councilmember Schmidt congratulated the Parks and Recreation Commission and staff on this report stating it does an excellent job of taking into account concerns of opponents, as well as supporters of the Chancellor Street Trail. He urged Council to proceed with the plan. Councilmember Zoldos agreed and pointed out that the last statement of the resolution states that implementation and timing of this long-range plan depends on Town-wide priorities of Council and the availability of funding. Councilmember Martinez congratulated the Parks and Recreation Commission on a job well done. He stated after considering the history of the Chancellor Street Trail and having visited the location, he feels it can be deleted from the plan. Further he asked that Mr. Turner and Goolsby's comments be addressed. Bob Noe asked that staff be provided time to review these comments and provide a report at the next meeting. Vice-Mayor Jackson stated that Supervisors Herring, Burton and Kurtz indicated they would not financially support the Chancellor Street Trail beyond town limits. Councilmember Buttery stated he generally supports the plan, but has concerns with Section 8 and would like to add Mr. Goolsby's recommended language to the resolution. Councilmember Kramer stated she would like to see Council go ahead with the Tuscarora Creek Trail. Town Council minutes for September 24, 2002 Page Mayor Umstattd stated she could not support leaving in the Chancellor Street Trail and would recommend additional staff time to consider the language of the resolution. Vice-Mayor Jackson, seconded by Councilmember Martinez, made a motion to table the issue until the next Council meeting. Councilmember Buttery stated that the language in the final paragraph of the resolution relieves his concern with the implementation of projects. The motion to table was approved by the following vote: Aye: Vice-Mayor Jackson, Kramer, Martinez and Mayor Umstattd Nay: Buttery, Schmidt and Zoldos Vote: 4-3 Vice-Mayor Jackson asked the status of the South King Street Trail? He added the bridge would be widened during the South King Street improvement project. Kaj Dentler stated the Town has an existing agreement with the County to pay for 60% of the design of Phase ]:, which would extend from Davis Avenue to Governors Drive. Then a joint decision will be made as to whether it is feasible to build the trail. Councilmember Zoldos asked when will the design process be completed and for a status report at the next meeting. Mayor Umstattd verified the County would provide up to $250,000 for the project. On a motion by Councilmember Buttery, seconded by Vice-Mayor Jackson, the following motion was proposed: 2002-160 RESOLUT:]:ON Approving the proposed Master Plan for Veteran's Park at Balls Bluff. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the following motion was proposed: 2002-161 RE$OLUT:]:ON Approving a change order with Buchart Horn, ]:nc. for an extension of construction management services related to the ]:da Lee Park Recreation Center Expansion not to exceed $80,080.00. Town Council minutes for September 24, 2002 Page 6 Councilmember Zoldos verified the contract had been extended once before and asked Mr. Dentler to report on whether or not penalties would be assessed. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember Buttery, the following motion was proposed: 2002-:~62 RESOLUTION Authorizing a street resurfacing plan for FY 2003. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor Jackson, Kramer, Martinez, Schmidt, Zoldos and IVlayor Umstattd Nay: None Vote: 7-0 On a motion by Councilmember Zoldos, seconded by Councilmember Martinez, the following motion was proposed: 2002-163 RESOLUTION Awarding a contract to Maximus, Tnc. for a comprehensive user fee study for an amount not to exceed $43,935.00. Councilmember Schmidt stated his opposition to the resolution explaining that raising fees relies on political will from the Council. He further stated Council shouldn't not spend $43,935.00 on a study unless they go forward with it. Councilmember Schmidt added the cost of this study is more than the Town receives yearly from the parking garage. Mr. Noe stated he erred last night stating there were actually eight bidders. The motion was approved by the following vote: Aye: Vice-Mayor Jackson, Martinez, Zoldos and Mayor Umstattd Nay: Buttery, Kramer and Schmidt Vote: 4-3 On a motion by Councilmember Martinez, seconded 15y Councilmember Zoldos, the following motion was proposed: 2002-:1.64 RESOLUTION Expressing the appreciation of the Leesburg Town Council to the Town of Leesburg Public Works Street Crew, Police Officers, and Town Staff Volunteers for all their efforts in coordinating the 9-11-01 Memorial Ceremony. '- Mayor Umstattd asked that the resolution be read into the record. Town Council minutes for September 24, 2002 Page '7 WHEREAS, the Town Council members wish to express their appreciation for the hard work, dedication and team work of the Department of Public Works Streets crew, Police officers, and Town staff volunteers for a public ceremony attracting 500 people; and WHEREAS, because of their collective efforts and preparation, the Town of Leesburg 9-11 Memorial Ceremony at the Town Green on September 11, 2002 was a heartfelt remembrance of the victims and families of the 9-1:1-01 terrorist attacks. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Department of Public Works Streets crew, Police officers, and Town staff volunteers are officially recognized for their efforts. The motion was approved by the following vote: Aye: Buttery, Vice-Mayor ~lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 BOARDS AN D COMI~ISSIONS a. Airport Commission - No comment. b. Thomas Balch Library Commission - Councilmember Kramer advised Council of the Friends of the Balch Library Ball to be held the first week in November. c. Board of Architectural Review - No comment. d. Cable Commission - No comment. e. Economic Development Commission - No comment. f. Environmental Advisory Commission - Councilmember Kramer stated the commission would be holding a retreat in the next few weeks. Information Technology Commission - No comment. h. Parks & Recreation Commission - No comment. i. Planning Commission - On a motion by Councilmember Buttery, seconded by Councilmember Zoldos, the following motion was proposed: 2002-165 RESOLUTION Making an appointment to the Planning Commission - Robert C. Dub~ The motion was approved by the following vote: Aye: Buttery, Vice-Mayor ~lackson, Kramer, Martinez, Schmidt, Zoldos and Mayor Umstattd Nay: None Vote: 7-0 Town Council minutes for September 24, 2002 Page Tree Commission - Councilmember Schmidt discussed the dying dogwood trees that were donated to the town. He stated he is surprised town is spending money to treat and replace the trees because the agreements governing them have expired. Councilmember Schmidt stated this issue would be coming to Council. k. Standing Residential Traffic Committee - Vice-Mayor Jackson stated Mr. Craig Lane is attending each traffic committee meeting and has been informed of how many resident signatures would be required to raise the speed limit on Kincaid Boulevard. M. New Business Councilmember Buttery stated he would like to see the town hall expansion architects providing a presentation to Council. Considering the debt involved he would recommend waiting on this issue until budget discussions begin. Mayor Umstattd stated the annexation team would be holding a meeting following the Council meeting. Councilmember Martinez requested that the boards and commission section could be moved earlier in the agenda. Mayor Umstattd stated this section allows the Councilmanic representatives to report on their commissions. :If a member of the Commission wishes to speak, they will be recognized under the Petitioners section. Councilmember Zoldos asked the Town Manager to look into drivers backing into parking spots and the issue of people parking overnight in the garage. Councilmember Martinez asked the Clerk to look into specific changes to the Roberts Rules of Order that Council follows. The meeting adjourned at 8:58 p.m. A'I-I'EST: l'erk of Council tcmin092402