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HomeMy Public PortalAbout2000_08_08COUNCIL MEETING Auqust 8, 2000 Town Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: Mervin Jackson, Leonard McDonald, David Schmidt, Vice-Mayor Kristen Umstattd, Robert Zoldos, and Mayor Webb. Staff Members Present: Bob Noe, Town Manager, Phil Rodenberg, Deputy Town Manager, Town Attorney William Donnelly, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Michael E. Tompkins, Chief of Police Joe Price, Purchasing Officer Cathy Elgin, Planner, Delane Parks, and Clerk of Council Judy Ahalt. Planninq Commission Members Present: Chairman, Gus Glikas, Charlotte Cable, David Kennedy, and Lawrence Schonberger. AGENDA ITEMS A. INVOCATION BY Mayor Webb. B, SALUTE TO FLAG by Vice-Mayor Umstattd. ROLL CALL showing Councilmember Atwell absent and Councilmember McDonald will be arriving late. D. MINUTES On a motion by Councilmember Jackson, seconded by Councilmember Zoldos, the minutes of the July 5, 2000 meeting were approved, as amended, to correct Resolution No. 2000-127 - Setting the Town Council Calendar to read that August 28 shall read August 21 and August 29 shall read August 22 by the following vote: Aye: Nay: Vote: Jackson, Schmidt, Umstattd, Zoldos and Mayor Webb None 5-0-2 PETITON ERS Mayor Webb advised that the 5-minute time limit would be evoked for petitioners. Tim John, representing the Growing Stage, introduced performers who did a brief skit of an upcoming Shakespeare performance they will be presenting. Peqqy Forbes, 309 Wildman Street, addressed Council. Ms. Forbes expressed concern with the smaller lot sizes proposed for the Hamlet of Leesburg subdivision. She also questioned why the neighboring community did not received certified notification at the preliminary plat stage. Ms. Forbes asked that the SLDR be amended to include posting of signs for future notifications. Further, she added that the proposed duplex units are not compatible with the neighborhood. Willard Walters, who lives at Wildman and Marshall St., addressed Council with concerns of the upcoming duplex construction at the Hamlet of Leesburg. His concerns were the increased amount of traffic, lot sizes, and construction noise. He also requested a 4-way stop sign on Wildman and Marshall Streets. Town Council Minutes for August 8, 2000 Page 2 Catherine Delaney addressed Council. She expressed concern with the Hamlet of Leesburg causing increased traffic and children. She asked that duplexes be changed to single-family detached homes. Sandra Kane, 815 Kenneth Place, HOA President, addressed Council. Ms. Kane asked Council to unanimously oppose the proposed Tractabel power plant in Loudoun County. Harry Davis, 301 Ariel Drive, spoke in opposition of the Hamlet of Leesburg development. He expressed concern with mature trees being destroyed during development and the construction entrance off Ariel Drive causing a very dangerous situation for the children in the neighborhood. Randy Kenyon, 301 Wildman Street, comments read by Peggy Forbes. Mr. Kenyon is opposed to the Hamlet of Leesburg duplex development. His letter requested a buffer zone between the new and existing lots and the hardwood trees be preserved on the site of the new development. Lyle Werner, 406 S. King Street, addressed Council. Ms. Werner asked that utilities be placed underground along the South King Street. She discussed lampposts stating she had talked to VA Power and they will maintain acorn lamps. The cost is estimated to be $2,800 per fixture and part of this cost can be offset by revenue rebate. She asked that a change order be issued with the current contractor to install conduit for the lampposts. Lisa Speet addressed Council. Ms. Speet discussed Leesburg Commons stating that it has more retail than anticipated. She doesn't want to see this type of development at the Town's gateway and is opposed to the increased height requirement. Further, it does not comply with the Town Plan. William Waldman, 104 Cagney Terrace, discussed the intersection of Sycolin Road and the bypass. He asked for an acoustic barrier since the developer plans only a landscape barrier to act as a noise buffer. He presented a petition to Council to ask VDOT to conduct a noise study for this area. Secondly, he asked Council to consider giving an equitable water credit to town homes as is done for single-family detached homes. The petitioner's section closed at 8:10 p.m. F. .1OZNT PUBLZC HEARTNG WTTH THE PLANNZNG COMMZSSZON. Amendments to the Zoning Ordinance and Subdivision and Land Development Regulations to eliminate the use of common parking courts as an option for Single Family Detached and Duplex Dwelling Units. Mayor Webb clarified that the Planning Commission does have a quorum. Delane Parks clarified the definition of three forms of private streets, i.e. private streets, common driveways and common parking courts. He stated the Town Plan focuses on the elimination of single-family and duplex units on common parking courts. Mayor Webb asked that the Planning Commission bring a recommendation back to council prior to the September meeting. Town Council Minutes for August 8, 2000 Page 3 The joint public hearing opened at 8:20 p.m. John Hiqgins, discussed the faults of the common parking courts as outlined in the Town Plan and the safety concerns with private streets. He asked Council to reject anything other than public streets for single-family detached and duplex units. Jeff Kruse, 303/305 S. King Street, addressed Council in opposition of private streets and common parking courts stating safety concerns. Richard Batsavage, 412 S. King Street, (letter read by Jeff Kruse) spoke in opposition of private streets. He cited the lack of accessibility of large vehicles and safety concerns adding the Town Plan already opposes common parking courts. Catherine McCartan, 17 Linden Hill Way, spoke in opposition of private streets. The maintenance of common parking courts at Linden Hill take 60% of the HOA budget; services that are normally provided by the Town. Allen Furman, resident of Linden Hill, spoke in opposition of private streets. He stated residents feel they are being doubly taxed. He asked that Linden Hill be accepted in the public street system stating there may be some support from VDOT. Further, he asked town staff to research how this can be done. Lyle Werner, 406 S. King Street, spoke in support of eliminating common parking courts stating it makes sense to have our regulatory documents supporting the Town Plan. Jeff McCarthy, 416 S. King Street, spoke in support of eliminating private streets. John Washko, 308 S. King Street, spoke in support of eliminating public parking courts citing safety and homeowner issues. Helen Carlson, formerly resided at 401 S. King Street, discussed common parking courts. She stated the Town Plan is in harmony with creating a multitude of family housing types. Therefore the Historic District should allow common parking courts to promote pedestrian traffic. She said common parking courts have been very successful in Westgreen. She further suggested grand fathering projects already on common parking courts and her property on S. King Street, which has been in the process for 5 years. Ron Moore, representing a moving company, spoke saying that moving vans and school buses can maneuver in common parking courts. Nike Banzhaf, addressed Council stating that the Westgreen Development has private streets that are very user friendly and have no safety issues. He stated if common parking courts are eliminated the current private streets will be non-conforming lots. He suggested working with VDOT to bring developments into conformance. The town needs a tool to provide for infill development in the historic district. Kathy Higgins, read a letter from Tom & Terry Semones of 404 S. King Street. The Semones letter was in support of eliminating private streets and private courts. Town Council Minutes for August 8, 2000 Page 4 Kathy Wilt, HAO President for 4 years at Beauregard Estates, letter read by Kristen Umstattd as follows: Much of our time as a board was spent dealing with issues revolving around private streets. (1) We had to raise our homeowners dues annually to ensure we have enough in our road fund to repair roads. Our HOA dues are $187 per quarter; this money primarily goes to road up keep. Beauregard does not have a pool, tot lot, etc. (2) We have no curb or gutter so the town required the roads to have gravel shoulders and ditches. Gravel is always on the road, which causes safety issues for children riding bikes. The ditches are hazards for cars and people doing mowing and have caused us to be sued. (3) Town police will not assist with people speeding through our neighborhood because of the private roads. Apparently laws do not allow the police to do so. (4) School buses are not allowed to pick up children on private streets. We finally were able to convince the school board to make an exception to this rule because Lawson Road is so busy and more than 30 to 40 children could be standing on the corner of Beauregard and Lawson at one time. (5) Since school buses were not allowed to travel on our roads, the original development plans required that there be bus shelters built at the entrance to each development. Currently, we are working with the Town to get this proffer dropped since we no longer need the shelters. T do not know where we stand with this change, however, when T contacted town staff three years ago ! was told we would have to pay $2,000 for a proffer amendment. (6) We have no streetlights in the neighborhood. It is my understanding, we would have to work with NOVEC to get these and that the homeowners association would have to pay the cost of the lights and their installation. (7) Beauregard residents pay town and county taxes and get very few services from either of them. We are responsible for snow plowing, sanding, road repairs, resurfacing, street cleaning, street signage, etc. As you can see there appear to be very few advantages of private streets and many liabilities. It is my opinion that they benefit no one but the developer. The public hearing closed at 9:00 p.m. Councilmember Schmidt asked Bill Donnelly if the Town had any authority to increase the disclosure for residents purchasing homes with private streets? IVlr. Donnelly commented that it could probably be done as a condition of approval of a subdivision. He further stated that if it were a proffered rezoning with private streets, you could negotiate whereby the developer would be required to notiCy homeowners in the deeds that the streets were private. Mayor Webb asked for further clarification on private streets at the September 11th work session. Councilmember McDonald clarified this amendment would only affect the common parking court. Councilmember Zoldos made a recommendation that staff investigate the possibility of adopting the maintenance of private streets. Commissioner Schonberger asked staff for elaboration on what the DCSM provides t'o distinguish the different types of private streets. Town Council Minutes for August 8, 2000 Commissioner Cable asked for a definition for all of the street terminology that is used in both the St_DR and Zoning Ordinance. Page 5 Mr. Parks will provide this information to the Planning Commission to assist in their recommendation to Council for the September 11th work session, Councilmember McDonald stated he wouldn't want to adopt a regulation that will restrict current homeowners. Councilmember Zoldos suggested that infill development should be grand fathered, SE-2000-06 Special Exception by Patri¢ia Bennett to allow home daycare for :~2 children at ~.2:1.~. Barksdale Drive, NE in a PRC zoning district. Mike Tompkins outlined this special exception to allow home daycare for 12 children (maximum allowed in the zoning ordinance) at 1211 Barksdale Drive, He added that Planning Commission recommends conditional approval as outlined in the staff report. The public hearing opened at 9:10 p.m. Patricia Bennett addressed Council stating that she did send certified letters to the adjoining property owners and three mothers are present whose children she cares for. Jessica Martinez addressed Council stating that Ms. Bennett cares for her children. She commented that her daughter receives excellent care and Ms. Bennett is beyond reproach. The public hearing closed at 9:12 p.m. LEESBURG COMMONS Town Plan Amendment TP 99-0Z~ Rezoning ZM-:L57, Special Exception SE-98-09 & Zoning Text Amendment ZOAM 99-05 This public hearing was cancelled to allow for notification requirements to be met. G. COUNCZLMEMBER COMMENTS Councilmember McDonald commented on the Shellhorn issue. He questioned who at the County made the decision not to inform the Leesburg Town Council. Councilmember Zoldos commented on the Town Council retreat at Airlie on July 26 and 27, He thanked the deputy town manager for the notes from the retreat and stated that he came away with a very positive outlook, Councilmember Jackson reported that the Traffic Task Force will be meeting on August 30, 2000. Councilmember Umstattd commented on the citizen input tonight. She asked can we amend the SLDR to require greater signage whenever a project is going to have an impact on an existing neighborhood? She asked staff to address the Town Council Minutes for August 8, 2000 Page 6 following citizen comments: (1) enforce speed limit on any construction traffic, (2) consider at next worksession the request for a four-way stop sign at Wildman and Marshall, (3) William Waldman's request to ask VDOT to do another noise study and the water credit issue, (4)to further discuss the acorn street lights at another work session, Councilmember Umstattd stated that she is disappointed that Tractabel does not plan to brief the Town Council in public session. She stated she would like more pollution information. Further, she plans to make the following nominations under new business. Airport Commission Roy Steinfort, Cable Commission William Webb, Planning Commission Larry Schonberger, Parks and Recreation Commission Cindy Locklear and Tree Commission William Wolff. Councilmember Schmidt commented on the council retreat. He reiterated it is the time for citizens to direct support to the Board of Supervisors for ballfields at the Shellhorn property site. Councilmember Schmidt also commented that he would be in support of streetlights on South King Street. Councilmember Schmidt stated that he would be nominating Lyle Werner for a seat on the Planning Commission. He commented that he would like to see more background information on citizens who had not previously applied. H. MAYOR'S COMMENTS Mayor Webb commented that Gordon MacDowell has sent a letter stating that he will not be able to continue running the Nighty Midget Kitchen. Mayor Webb asked that the status of this structure be discussed at the September 11th work session. Mayor Webb commented on a letter dated July 20th from the Fairway Manor Homeowners Association regarding an issue that a number of their homes are in a floodplain. She referred the letter to the staff for disposition. Mayor Webb thanked Jim Clem for meeting with the Commonwealth Transportation Board. She echoed Vice-Mayor Umstattd's comments on the Hamlet of Leesburg issues and thanked citizens for speaking on the common parking court issue. I, MANAGER'S REPORT Mr. Noe reported on the Voluntary Water Conservation signs displayed throughout town. He advised that even though we have had considerable rainfall during the summer, there were several days in June when our water plant was running at 95% capacity. The signs are to call the citizens attention to conservation. 3. LEGISLATION ORDINANCE - Amending Section 8A-8(1) of the Zoning Ordinance and Section 13-7(C)(2) of the Subdivision and Land Development Regulations to restrict the use of a common parking court to serve only single-family attached (townhouse) dwelling units. Mayor Webb advised that this proposed ordinance amendment will be deferred to the first council meeting in September. Town Council Minutes for August 8, 2000 Page 7 On a motion by Vice Mayor Umstattd, seconded by Councilmember Jackson, the following ordinance was proposed. 2000-0-26 ORDINANCE Approving special exception application SE-2000-06, 1311 Barksdale Drive, NE to permit home day care. The motion was adopted as shown below: Aye: Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb Nay: None Vote: 6-0-1 On a motion by Councilmember Jackson, seconded by Vice- Mayor Umstattd, the following consent agenda was proposed. 2000-149 RESOLUTION Extending the contract with Wireless Communications in the amount of $17,916 for the annual support and maintenance of the public safety radio used by the police department. 2000-150 RESOLUTION Approving an annual cleaning service contract with Vonmark Cleaning in the amount of $21,900 for the public safety center. 2000-151 RESOLUTION Approving an annual uniform cleaning contract to Tollhouse Cleaners at an estimated 'cost of $30,000 for the police department. 2000-152 RESOLUTION Approving a contract for sealing the cracks on Runway 17/35 at the Leesburg Executive Airport. 2000-15:3 RESOLUTION Approving an annual sludge removal service contract to Jaymac at an estimated annual cost of $30,099 for use at the Water Treatment Department. 2000-154 RESOLUTION Authorizing a street resurfacing plan for FY01. 2000-155 RESOLUTION Authorizing a time extension for completion of public improvements and approving a performance guarantee for Potomac Station, Sec. lA. 2000-156 RESOLUTION Authorizing a time extension for completion of public improvements and approving a performance guarantee for Potomac Station, Sections lB, 1C, 1E, 3C, and 6EFG. 2000-157 RESOLUTION Authorizing a time extension for completion of public improvements and approving a performance guarantee for Potomac Station, Sections 2AB, 2AB-l, 2CD, 2EF, 2GH, 2AB, 4, 4(water and sewer extension plan), 6A and the Community Center. 2000-158 RESOLUTION Town Council Minutes for August 8, 2000 Page 8 Authorizing a time extension for time completion of public improvements and approving a performance guarantee for Woodlea Manor, Phase I/Bradfield Drive Connection. 2000-159 RESOLUTZON Making a reduction of the performance guarantee for public improvements installed in Potomac Station, Section 8A. 2000-160 RESOLUT'rON Authorizing an agreement and approving a substitute guarantee for Potomac Station, Sections 8D, 8E and 8F and releasing the Corporate surety bonds from Engle Homes/Virginia, Inc. and Goose Creek Communities, LLC. 2000-161 RESOLUTZON Deferring the receiving and opening of cable franchise bids until September 26, 2000. 2000-162 RESOLUTZON Authorizing the Town Manager to execute a license agreement with the Potomac Station Community Association for an irrigation system within the right-of-way of River Creek Parkway. The consent agenda was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 6-0-1 On a motion by Councilmember .lackson, seconded by Councilmember Schmidt, the following motion was proposed. 2000-163 RESOLUTZON Initiating amendments to the Leesburg Zoning Ordinance and Zoning District Map to expand the Historic Overlay (H-l) District. 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 On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the following motion was proposed. 2000-164 RESOLUTZON Adopting the Virginia Public Procurement Act and attached Procurement Policy Manual as the procurement policy of the Town. Vice-Mayor Umstattd stated that she is not comfortable with the $:100,000 approval authority of the town manager. She made a motion to amend the motion to reflect the contracting authority be amended from $100,000 to $50,000 and under selection committee amended from $100,000 to $50,000. There was no second. The motion failed. Town Council Minutes for August 8, 2000 Page 9 Councilmember Schmidt continued discussion on the original motion stating that since items are already budgeted he is comfortable with the proposed limits. Councilmember McDonald agreed. The motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, and Mayor Webb Nay: Umstattd Vote: 5-1-1 On a motion by Councilmember Jackson, seconded by Councilmember McDonald, the following motion was proposed. 2000-165 RESOLUTION Authorizing the conveyance of the Heritage High School Site to the Loudoun County School Board. Mayor Webb verified that all of the boundary line adjustments issues have been resolved and the site is in the corporate limits of the Town. The motion was adopted as follows: Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Nay: None Vote: 5-0-1 K, NEW BUSINESS Councilmember Jackson nominated Clifton Vaughan for reappointment to the Planning Commission and Stanley Caulkins to the Airport Commission. Councilmember Zoldos asked that appointments to Boards and Commissions be tabled until background information is obtained from all applicants. Mayor Webb suggested that Planning Commission appointments be made since they are either reappointment or applications have been submitted. Councilmember Jackson made a motion to appoint Clifton Vaughan, Lawrence Schonberger and Lyle Werner to the Planning Commission. Vice-Mayor Umstattd seconded the motion. The motion was adopted as follows: Aye: Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor Webb Vote: 6-0-1 There was further discussion to bring forward information on other nominees to the September 11th worksession. Councilmember McDonald asked that the no left turn lane at Market and King Street be enforced. Town Council Minutes for August 8, 2000 Page 10 Mr. Donnelly reminded Council the Leesburg Commons public hearing is being deferred to September 12th at 7:30 p.m. The meeting adjourned at 9:50 p.m. B..1.'qNebb Mayor dith W. Ahalt, Clerk of Council