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HomeMy Public PortalAbout2000_04_10 MINUTES COUNCIL WORKSESSION April 10, 2000 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Clem presiding. Councilmembers Present: George F. Atwell, Mervin V. Jackson, Leonard McDonald, Kristen Umstattd, B. J. Webb, Robert Zoldos and Mayor Clem. Staff Members Present: Bob Noe Town Manager, William Donnelly Town Attorney, Director of Engineering & Public Works Thomas Mason, Director of Planning, Zoning and Development Michael Tompkins, Chief of Comprehensive Planning Jerry Mucci, Planner Stacey Rothfuss, Zoning Administrator Brain Boucher, Information Officer Susan Farmer and Acting Clerk of Council Mary Mack. AGENDA ITEMS 1. Aaenda for Council Meetina of Tuesday. ADril10. 2000: a. Mayor Clem asked Tom Mason to review the rationale for the addendum to the agreement with VDOT for right-of-way acquisition for the Catoctin Circle Widening Project. b. Stacey Rothfuss gave a brief overview of the rezoning #ZM-161 Ryland at Stratford scheduled for public hearing tomorrow night. Randy Minchew was present for the applicant and stated they would have a presentation for tomorrow evening explaining the rationale to be able to have duplex units on private streets. One of the questions from Council was with regard to how this proposed density compares to the density originally proposed. Ms. Rothfuss explained that it is somewhat complicated but explained that their request is actually for a lower density number. Council then asked Ms. Rothfuss to analyze the impact on proffer fees as a result of this lower density. Another Council member asked for an update on the housing type percentages for the Town. ZOAM-071-1 Auto Body ReDair Facility referred from last week's Dublic hearina Zoning Administrator Brian Boucher again reviewed this item. Vice Mayor Webb pOinted out that this report does not speak to Battlefield Parkway and Crosstrail Boulevard. Ms. Umstattd asked about other locations in Town that might be impacted. She pointed out the visual impact this might have on the Kincaid Forest Subdivision due to their elevation and the fact that they look down on this location. This item is to come back to next week's work session agenda, with Mr. Boucher to show the impact this ordinance change might have on other areas of the Town. Strateaic Plan Dates Mr. Noe explained that in order to be able to schedule trainers for the Strategic Plan meetings, he needs to have a commitment for the suggested dates of July 26 COUNCIL WORKSESSION MINUTES FOR 4/10/2000 Page # 2 through 28, 2000. Councilmember McDonald stated that he is unable to make a firm commitment for these dates. There were no other comments. This section of the meeting was adjourned and the Council moved to the lower level to confer with members of the Cable Commission. Chairman Richard Herndon and Vice Chair Billy Fiske were present for this meeting with Council. Susan Farmer was also present for this meeting. Mr. Herndon reported that they are meeting mostly weekly with Adelphia regarding the Franchise Agreement, he reported that they have achieved an additional government access channel, expanded coverage of both work session and regular meetings of Council, a Basic Tier Price Freeze until 2001, an upgrade of the system, and keeping an office in Leesburg. He stated there are still many other things to discuss. Mr. McDonald asked about a studio in Leesburg. Mr. Herndon stated that it is still an ongoing negotiation, but explained that a studio is very expensive, but once Leesburg gets to a size to support a good studio it would be warranted, explaining that Leesburg only has 8,000 subscribers, while the County has 30,000. There was some discussion regarding the pros and cons of the length of term for the new agreement, one reason being the rapid pace of technology. Councilmember Zoldos asked where the rest of the Commission was, stating that he is disappointed at the turnout. Mr. Herndon stated that bad attendance has been a problem. The Council asked for an attendance report. There was further discussion regarding the franchise agreement. Mr. Herndon pointed out that FCC Changes could make some of their negotiations irrelevant, but he did agree that a bulleted list of the agreement conditions will be prepared prior to the presentation of the Franchise Agreement. There was some discussion regarding enforcement of the agreement and the penalty clauses. Mr. Donnelly pointed out that if we insist on Draconian penalties we will lose other negotiating chips. With regard to open access, Mr. Herndon commented that they have been opposed to this, but that if it happens elsewhere, it will happen here. There was some discussion regarding subscribers being given a choice of what channels might be included in the basic tier. Mr. Herndon indicated that this probably will not be possible pointing out that no one offers that. There was further discussion regarding the Commissions lack of attendance. Mayor Clem directed Mr. Noe to write a letter stressing the importance of their attendance during the coming months. Councilmember Atwell commended Mr. Herndon on his progress. The meeting adjourned at 8:40 p.m. ihCA-'M7, ~ ~,.~~ Mary R. ack, Acting Clerk ____ COUNCIL WORKSESSION April 24, 2000 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Clem presiding. Councilmembers Present: George F. Atwell, Mervin V. Jackson, Leonard McDonald, Kristen Umstattd, B. J. Webb, Robert Zoldos and Mayor Clem. Staff Members Present: Bob Noe Town Manager, William Donnelly Town Attorney, Director of Engineering & Public Works Thomas Mason, Director of Planning, Zoning and Development Michael Tompkins, Planner Stacey Rothfuss, Zoning Administrator Brain Boucher, Chief of Police Joe Price, and Acting Clerk of Council Mary Mack. AGENDA ITEMS 1. Agenda for Council Meeting of Tuesdav. April 10. 2000: Mayor Clem asked Tom Mason to review the contract award for the South King Street improvements. Mr. Mason also reviewed the Boundary Line Adjustment with the Roberson's, explaining that in older properties this is not an unusual situation as long as both parties are in agreement with the adjustments there is no problem. Councilmember Umstattd had some corrections to the ordinance regarding the special exception ordinance and also regarding the wording for the proposed zoning upon annexation ordinance. Brian Boucher stated that a lot of research was done and what is proposed is similar to ordinances that exist. He stated they feel pretty confident that what is proposed could survive legal challenge in the State of Virginia. Mr. McDonald asked about annexation in the UGA. Michael Tompkins stated that the existing Comprehensive Plan does deal with these areas. Mayor Clem recognized Robert Lorenz who was present to address the Council regarding a tree save area in the on-going construction behind his home. Mayor Clem directed Mr. Tompkins to have this investigated first thing in the morning and report back. Ken Peel was present to petition the Council with regard to the waiver or a reduction of fees by M.A.D.D for the Great American Picnic. Mayor Clem asked Police Chief Price to look into being able to facilitate this request for $500 through the Uran funds. Chief Price was asked to report back to Council on this. Bob Twigg, Chairman of Christmas in April, was present to appeal for their fee waiver request for sign permit fees in the amount of $245. Vice Mayor Webb commented on the number of illegal temporary signs throughout the Town and commented on the COUNCIL WORKSESSION MINUTES FOR 4/10/2000 Page # 2 enforcement problems. Mr. Tompkins advised the Council that there is no mechanism in the Zoning Ordinance that allows the Council to waive or modify fees. There was considerable discussion regarding the handling of fee waiver requests, with the Council asking how this might be accomplished. Mr. Zoldos asked about giving in kind funds. Mayor Clem advised that this organization did receive a donation in December. Mr. Twigg reported that this money is for repair to four houses within the Town. Ms. Umstattd asked if there are any Uran funds available. Mr. Atwell commented on the continual requests for fee waivers and asked about the possibility of having an amount of money allocated in non-department funds to cover these requests along with guidelines that might let the 'f'own Manager manage this fund. Mr. McDonald stated he feels there should be some way to return these monies, or have it as a deposit to be returned upon completion of the project. Mr. Atwell stated that if the Council is the supreme legislative body of the Town of Leesburg and it would seem to be that we would have the authority to legislative those items if we so chose and I'll be prepared to vote on whatever resolution comes forward tomorrow night. Mr. Noe agreed to look into a possible solution for this, the Mayor asked if there are any funds available. Stacey Rothfuss reviewed the changes that have been made for this rezoning #ZM- 161 Ryland at Stratford since the public hearing held last week. There is still the question of the private streets proposed for this rezoning and she reported that staff is still recommending denial. This item is to be on the Council agenda for two weeks hence. Zoning Administrator Brian Boucher again reviewed this item for the Council with regard to thelOOO-foot restriction from limited access highways. He reminded the Council that this is a special exception and it is possible to impose certain restrictions, depending on circumstances or for that matter to deny an application. Ms. Umstattd acknowledged staff's making site visits for input in their reports and thanked them for their efforts. Mr. Boucher asked if Council wants to see any modifications. It was decided that this is ready to go forward. Vice Mayor Webb introduced this federal legislation regarding private citizen property rights. It was the consensus of the Council to write to our Senators Robb and Warnefregarding this matter. Mr. Noe advised that there was no further discussion necessary regarding the noise ordinance at this time. Ms. Umstattd asked for the ramifications of having a decibel-based ordinance. Mr. Donnelly pointed out the problems of having to have a decibel meter and having to have people trained who can use them and be able to testify in court that they know how to use them and records proving that the meters have been properly calibrated. Councilmember Zoldos asked that the Metricom Franchise be pulled from tomorrow's agenda to allow the Information Technology Committee to look at this and make a recommendation. Councilmember McDonald announced that Saturday's budget meeting is creating a problem for him to be able to attend. The meeting was moved to Thursday, May 4th at 7:00 p.m. 2 COUNCIL WORKSESSION MINUTES FOR 4110/2000 Page # 3 This section of the meeting was adjourned and the Council moved to the lower level to confer with members of the Parks and Recreation Committee. (8:50 p.m.) John Elgin, Chairman of the Parks and Recreation Commission along with, Vice Chairman Frederick P. Lillis, John Laycock and James Timbers were present for this meeting with the Council, Councilmember Zoldos is the councilmanic representative for this Commission. Mr. Elgin reviewed the FY2001 funding requests. He informed the Council that future consideration needs to be made for a second Ida Lee. in the SW Quadrant. Mr. Elgin reported that his Commission consistently has a good attendance record. The meeting adjourned at 9:37 p.m. ~R /}1~~ ary R. ack, Actmg Clerk 3