PRESENT: Mayor Marshall Guy; Town Council Members S. S. Burkett, David P. Helms, W. Eugene Hendrick, James Gates, Mel Leaman, Ralph Price and Sam Mutter; Town Manager Henry Booker; Town Engineer Cecil Hicks; Purchasing Agent B.J. Hamm; Police Chief Fred Catron.

INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Cecil Hicks and the Pledge to the Flag was led by Brian Newton.

MINUTES: Mr. Helms noted that two of the new Police Officers, Mr. Bishop and Mr. Conklin came to work on 2/16/00. Mr. Moore will report to work on 3/1/00. With this correction noted, Dr. Gates moved that the minutes be approved. The motion was seconded by Mr. Hendrick and carried unanimously. Mr. Price, Mr. Leaman, Mr. Helms, Mr. Mutter, Dr. Gates, Mr. Hendrick and Mr. Burkett voted affirmatively.

VISITORS: Bob Ramsey, Carolyn Legard, Nancy Bogle, John Hower, Marilyn Hower, Tom Hower, Steve Hastings, Caroline Seager, Marshall Collins, Betty B. Stewart, Joshua Powers, Tasha Woods, Mark Newton, Jeffrey Davis, Debra Overbay, Peggy Powers, Glen E. Powers, Gail Livesay, Monique Bridgeman, Micki Burkett, Bill Huber, Aaron Brown, Nathan Don, Brian Newton, William Hammer, Kevin Montgomery, Joseph Powers, Diana Price, Matt Moorer, Benjamin Conner, Noah Hall, Matt Parsons, Rebecca Sparger, Charles Conner, Pat Rankin, Charles Bishop, Shawn Conklin, William Moore.

INTRODUCTION OF SCOUTS: Mayor Guy requested that each Boy Scout from Troop 93, First United Methodist Church, introduce themselves. They were accompanied by Rebecca Sparger and Charles Conner. The Scouts were working on a Citizenship in the Community Badge.

INTRODUCTION OF NEW POLICE OFFICERS: Mr. Charles Bishop, Mr. Shawn Conklin, and Mr. William Moore were introduced to Town Council.

PUBLIC HEARING - REQUEST TO REZONE 212 N. CHESTNUT FROM R-2 TO CG - GLENN E. AND PEGGY POWERS: The applicants are requesting that the property be rezoned from R-2 to Commercial General for use as a chiropractic clinic. Mr. Booker reported that Marion Planning Commission had a split vote on this issue and recommended that this property not be rezoned. Staff recommendation is that the rezoning of this property would help even out the commercial district, however, there is another parcel of property that is not zoned CG that lies to the south of the Powers property on N. Chestnut Street. If the property is recommended for rezoning, the following conditions should be proffered: 1) That the applicant abide by all Federal and State laws along with all local ordinances in general and with the local ordinances concerning land use, noise, parking and stormwater management in particular. 2) There shall be no additional curb cuts to the property. 3) That sufficient off-street parking be provided to accommodate the intended commercial use of this property. The total square footage of this structure is approximately 2,000 square feet. Under Article 16.3 (Schedule of off-street parking requirements), for clinic, office building, general or professional office, the requirement is one space for each 200 square feet of floor space. 4) That any planted vegetation or other improvements to the property be located in a manner which will not provide a visual obstruction for vehicles approaching the Lee Street/Chestnut Street intersection. 5) That the owner shall provide for engineered management of stormwater on the property if more than 1,000 sq. ft. of existing vegetative area is converted into impervious surface. 6) That any planted vegetation or other improvements to the property be located in a manner which will not provide a visual obstruction from the driveways. 7) Outside lighting shall be confined to the property with minimal light spillage to adjacent property. 8) That the Lee Street curb-cut, if retained, be used for ingress only. The Chestnut Street curb-cut may be used for both ingress and egress. 9) That these conditions will be transferred to the new owner in the event of the sale of this property. 10) That the property automatically revert to residential if there has been no commercial use of the property during the first 12 months after rezoning. Mr. Booker presented a map of current zoning in the area. A plat showing proposed parking has not been completed. Glenn E. Powers, one of the property owners, stated that the properties in front of his property is commercial property. He requested that his property be rezoned to be sold for business or professional use.

Debra Overbay, 1136 Chatham Hill Road, stated that rezoning of the property could only help the Downtown Revitalization effort. It would increase business license tax, provide jobs, provide a convenience of service oriented by professional business, and clients would spend their money in Marion instead of out of Town. She noted that only businesses can be seen from the front porch of the property. Mrs. Overbay requested a determination on two issues with regard to the recent Planning Commission meeting. 1) May Planning Commission meet without Counsel? 2) Was Chairman Alice Freeman in conflict of interest as her spouse has represented the Powers' prior to this issue? It was advised that legal counsel does not have to be present to conduct business. Town Attorney Mark Fenyk sated that there was no conflict of interest by Mrs. Freeman as her husband represented the Powers' on separate items not related to this issue. Mrs. Overbay urged Council to have vision for the future.

Tom Hower, 218 N. Church Street, spoke in opposition to the request. He was concerned that commercial zoning would encroach on the adjacent residential neighborhood. He added that the homes in the area are older homes, many of which have been refurbished. He noted that the Marion Downtown Revitalization Association (MDRA) is not taking a position on this request. Mr. Hower informed Council that a similar request was denied by Town Council 11 years ago.

Bill Huber, North Church Street resident, spoke in opposition to the request. Nancy Bogle, Lee Street resident, also spoke in opposition to the rezoning request. Mr. Huber and Ms. Bogle were in agreement with Mr. Hower and also cited concern about additional traffic flow on an already busy street. At Ms. Bogle's request several residents of the area stood in opposition to the rezoning request.

Peggy Powers produced letters from H&R Block and Home and Auto stating that rezoning of the property would benefit the area. She read one of them to Town Council. Mrs. Powers stated that they would not sell to anyone who would not improve the property.

Mr. Leaman, also a member of Marion Planning Commission, stated that the Planning Commission was not trying to stop growth in downtown by recommending Council deny this request. The Town has encouraged business in the area in development of the Streetscape Housing Project and support of MARA.

Mr. Price stated that the Town cannot hold commercial growth on Main Street only. He eluded to the statement that commercial zoning should be limited to Main Street. He noted that the incline of the hill and parking limitations would prohibit businesses from moving up Lee Street. He further noted that the Smyth County Historical Museum property was rezoned closer to some of the opposing residences than the Powers' request.

Mr. Leaman moved to deny the request for rezoring at 212 N. Chestnut Street. The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 1 NOE (Price).

INDUSTRY LEADERSHIP COUNCIL - PRESENTATION BY JOE ELLIS: At the presenter's request, this item was continued to March 20, 2000.

APPOINTMENT TO LINCOLN THEATRE BOARD: This item was continued

RENAMING OF WATERMILL ROAD: Mr. Leaman reported that Dr. Charles Wassum III has been in contact with his representative on the Board of Supervisors to change his address back to 100 Water Mill Road. The E-911 Committee will make a recommendation concerning his request. Dr. Gates moved that this matter be dropped from the agenda. The motion was seconded by Mr. Mutter and carried unanimously.

SPECIAL SERVICE DISTRICT IN THE DOWNTOWN AREA: Mr. Booker explained that the proposed tax rate would "float" with the real estate tax rate, currently $0.11. Dr. Gates moved that this matter be continued to the Public Hearing Date of 3/6/00. The motion was seconded by Mr. Mr. Helms and carried unanimously.

ACCOUNTS: Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the accounts were approved in the amount of $980,535.08. Mr. Helms, Mr. Mutter, Mr. Price, Mr. Hendrick, Mr. Burkett, Dr. Gates, and Mr. Leaman voted affirmatively.

INVESTMENTS: Upon motion of Mr. Burkett, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, the Investments were approved. Mr. Helms, Mr. Mutter, Mr. Price, Mr. Hendrick, Mr. Burkett, Dr. Gates and Mr. Leaman voted affirmatively.

U. S. CONSTRUCTION COMPLAINT BY RANKIN ELECTRIC: Attorney Dan Reed, representing Rankin Electric informed Town Council that his client is a sub contractor for U. S. Construction, General Contractor for Municipal Building renovation. He stated that the Town has paid the general contractor for November, December, 1999 and January, 2000, however, Rankin Electric has not been paid for that period. In Mr. Reed's opinion, the amount specified in the contract for liquidated damages upon the General Contractor is not enforceable. He added that he is aware that Mr. Rankin's contract is with U. S. Construction. They urged the Town to meet with U. S. Construction concerning liquidated damages by the contractor. Mr. Rankin stated that he was contacted by the owner of U. S. Construction by telephone that they were holding his payment due to liquidated damages assessed by the Town of Marion. Prior to final payment, the contractor must certify that all sub-contractors have been paid.

Mr. Booker advised that the problem is a disagreement between the prime and sub contractors and not a Town issue. Also, the Town holds a performance and payment bond on the prime contractor. Town Attorney Mark Fenyk stated that the Town must comply with the terms of the contract until the architect certifies the payment of sub contractors. Mr. Fenyk stated that it is premature for the Town to contact the bonding company.

BUILDING COMMITTEE-CHANGE ORDERS ON MUNICIPAL BUILDING: Dr. Gates addressed the change orders on the Municipal Building Renovations. 1) Replacement of front door. It was agreed to keep and refurbish current front doors. 2) Moving door closures from front door to Council Chambers. This is not an issue as the front door will not be replaced. 3) Rugs and stair runner. Permission was granted to proceed. 4) Floor varnish. Permission was given to perform test on an area. If the test is successful, proceed with rest on third floor and stairs.

REPORT ON SKATE PARK: Mr. Booker advised that a letter has been mailed to Smyth County concerning this matter, to date, the Town has received no response. This item was continued.

WATER COMMITTEE - DISCUSSION OF CHANGE IN RATE STRUCTURE: This item was continued

WATER COMMITTEE - DISCUSSION OF POSSIBLE IMPROVEMENT PROJECTS: Town Engineer Cecil Hicks presented a list of completed water and sewer projects and a list of future projects for consideration by the Town Council. These will be considered on an individual project basis. Mr. Hicks was asked to contact Mr. Kilgore at MRPDC for available funding.

WATER COMMITTEE - REVIEW OF BIDS FOR VALVE REPLACEMENT: It was reported that the bid of $48,915 exceed the estimate of $45,000. Upon motion of Mr. Burkett, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the bid was accepted.

TECHNOLOGY COMMITTEE - REVIEW OF WEB SITE: This item was continued.

NICK'S CREEK WATER BILL: Mr. Booker reported that settlement is forthcoming. Discussion of this matter was deferred to the recently elected Board of Supervisors.

WATER CONTRACT WITH SMYTH COUNTY: Mr. Booker advised that the current contract calls for minimum billing on all meters. Smyth County has requested that only one minimum be charged on compound meters. Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Council concurred.

FOOT BRIDGE FROM CHILHOWIE STREET TO CHESTNUT STREET: Mr.Fenyk recommended that the Street Committee discuss the project further, as it crosses the railroad tracks.

RAILROAD QUIET ZONE: Mr. Fenyk and the Street Committee are to discuss this matter.

FOWLER STREET EXCEPTION: Mr. Price reported that D.C. Walker and Ken Taylor have stated that they had not been informed that the Town has contacted VDOT concerning this project. Mr. Hicks advised that he has spoken with them and the project has been requested on the 6 year plan. If accepted, it may take a year for VDOT to plan and design the project. Mr. Hendrick noted that just because the project is on the VDOT 6 Year Plan, VDOT may accelerate the project. Mr. Helms stated that the project will be presented at the pre-allocation hearing in March, 2000. The Street Committee was asked to prepare the presentation.

ALL AMERICAN SHOWCASE/ABINGDON: Mayor Guy reported that he has attended the TN-VA Regional All-American Showcase and found it very informative.

RAILROAD: Mayor Guy informed Town Council that all whistle bans at railroad crossings were ended across the United States as of January 13, 2000.

FIRE STATION: Mr. Fenyk stated that he has informed the bonding company concerning the assessment of liquidated damages on this project. The company is disputing 10-14 of 232 days. Mr. Fenyk has contacted the architect, Cameron Wolfe, to discuss this matter.

TOWN DECALS: Town decals will be on sale March 1, 2000 and must be purchased and displayed on or before March 31, 2000. All purchasers must have paid their Town and County Personal Property Taxes prior to the purchase of decals.

ROUTE 16 (ATTOWAY) WATER LINE: Mr. Hicks advised that 40 tie-overs have been made. Those completed are very satisfied.

STRIPPING: Mr. Hicks reported that stripping is ready to proceed. Mr. Hicks was requested to contact the contractor, Empire Marking of Saltville.

LINCOLN THEATRE FUNDING: Mr. Leaman reported that the $200,000 requested funding for the Lincoln Theatre and Historical Society was not passed by the General Assembly. These agencies will not receive funding unless Governor Gilmore overrides the Committee request.

TRANSDOMINION EXPRESS: Funding for this project will be made available.

PERSONAL PROPERTY TAX RELIEF: Documents are being prepared for a refund under Gov. Gilmore's personal property tax reform.

POLICE: Mr. Mutter noted that he has received compliments for the visibility of the Police Departments officers.

COUNCIL TAX FORMS: Mr. Mutter suggested that the Town review the procedure of issuing 1099's to Council members, in lieu of W-2's. Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, a meeting will be scheduled with Patricia Belcher, of Albano and Associates, to discuss this matter.

BRUNSWICK LANE SPEED LIMIT: Mr. Mutter asked that a VDOT speed study be performed to increase the speed limit on Brunswick Lane. The current speed limit is 25 mph.

PRATER LANE: Applications have been made for utility crossings under the railroad.

COUNCIL TABLE: The Building Committee recommends that the formed Council table be moved from the Council Room to the 3rd floor meeting room, as per the contract.

Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.