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HomeMy Public PortalAbout2000_06_12 COUNCIL WORKSESSION June 12, 2000 Council Chambers, 25 West Market Street, 7:00 p.m. May Clem presiding. Councilmembers Present: Mervin Jackson, Leonard McDonald, Kristen Umstattd, Robert Zoldos, B. J. Webb and Mayor Clem. Councilmembers Absent: George F. Atwell Staff Members Present: Bob Noe, Town Manager; William Donnelly, Town Attorney; Deputy Town Manager, Phil Rodenberg; Budget Officer, Mike Freda; Director of Engineering and Public Works, Tom Mason; Director of Planning, Zoning and Development; Michael Tompkins; Director of Parks and Recreation, Kaj Dentler; Director of Personnel, Nancy Fixx; Town Traffic Engineer, Calvin Grow; Purchasing Officer, Kathy Elgin; Zoning Administrator, Brian Boucher; and Clerk of Council, Judy Ahalt. AGENDA ITEMS Aaenda for Council Meetina of Tuesdav. June 13. 2000: Councilmember Jackson requested that Items 6 - ZOAM-OO-OS, B-3 Zoning District Size, and Item 7 - Time extension for completion of a Residential Traffic Management Program by the Residential Task Force be moved from the consent agenda. Council member Jackson stated that he would abstain from discussion on Item 6. Time Extension for ComDletion of a Residential Traffic Manaaement Proaram bv the Residential Task Force. Councilmember Zoldos asked if the report would be completed at the end of the 60- day extension. Ms. Elizabeth Whiting a member of the Residential Task Force addressed the Council stating the report should be completed at that time. It is their intention to recommend at least one pilot project for each quadrant. Mayor Clem advised that the agenda would be set for tomorrow's meeting. Ordinance: amendina ChaDter 12.1 of the Town Code revisina the Dav and classification Dlan effective Julv 1. 2000. There were no council comments. Resolution: ZOAM-00-04. Colleae or University in the 1-1 District. Initiatina amendments to the Zonina Ordinance to Dermit a colleae or university in the 1-1 Industrial Research Park District. Vice-Mayor Webb asked for clarification that initiation of this amendment would in no way delay Shenandoah University in their current project on Rt. 7. Mr. Boucher stated it would not, and that Shenandoah University's application is being reviewed as office use. He added that if they want to put a college in after this amendment, it would not be a use conflict. Mayor Clem suggested a joint public hearing with Town Council and Planning Commission. Council Work Session Minutes for June 12,2000 Page 2 It was the consensus of Council that a joint public hearing be held. Mr. Boucher stated he would revise the resolution accordingly. Councilmember McDonald joined the meeting at 7:15 p.m. Resolution: ZOAM-OO-OS. B-3 Zonina District Size. Initiatina a Zonina Ordinance amendment to amend the minimum district lot size in the B-3 Community Retail/Commercial District. Mike Tompkins stated the current minimum district lot size is 5 acres in the B-3 District. The request comes from Wendell Johnson who has submitted an application to rezone the property from R-22 Multi-family to B-3. Mayor Clem verified that the property is located at the southeast corner of Heritage Way and Edwards Ferry Road. Vice Mayor Webb asked if this ordinance amendment needs immediate attention rather than making the change in the zoning ordinance rewrite? Mr. Tompkins responded this amendment would not be involved. Mayor Clem asked if this could be construed as spot zoning? Mr. Tompkins stated the Town Plan specifically allows this use. Pole Sians Brian Boucher explained that as part of the Catoctin Circle improvements an existing monument sign at the Amoco Station, beside the W&OD Trail, would have to be relocated. The property owner believes if the sign is relocated back on the property it will be difficult to see and has asked to erect a pole sign. Although pole signs are not allowed the Zoning Administrator has the flexibility to propose something different on sites with abnormal constra i nts. Mr. Boucher stated the options are to allow a pole sign, or to relocated the monument sign, which will cause the owner to lose visibility. Mayor Clem verified that the pole would be 19 feet, 18 inches tall and that it might slightly exceed the height of the canopy. Mr. Boucher added that staff is recommending no external illumination and the owner will be advised of the recommendation. Resolution awardina contracts for orooerty and casualty insurance coyeraae's for the fiscal year beainnina July 1. 2000. Kathy Elgin reported that an RFP was issued on April 7, 2000 by McNeary Insurance Consultants, Inc. for the purpose of purchasing property and casualty insurance for the Town of Leesburg and their representative, Kelly Briner is here to present their findings. Ms. Briner outlined the quote from PENCO that will result in a savings of approximately $10,000. Also, recommendations are made to increase the airport liability and the umbrella limit (total available liability). Vice Mayor Webb asked if the Public Official and Law Enforcement Legal Liability Coverage would be continued through St. Paul. Ms. Briner stated that St. Paul did not provide a renewal quote. McNeary is recommending PENCO for this coverage. Vice Mayor Webb verified that the coverage is better with PENCO that we now have. Council Work Session Minutes for June 12,2000 Page 3 Town Attorney, Bill Donnelly, ask whether PENCO would match VMLP's offer to provide up to a $100,000. Ms. Briner stated they are not going to match the 100,000 limits other than raising the $50,000 aggregate to $100,000. Mr. Donnelly stated that we are proposing to switch from division risk management with the VARISK2 policy to PENCO with an 11,000,000 public officials liability limit versus the 1,000,000 we now have. Mr. Donnelly further discussed a VMLP option that would pay up to $100,000 in attorney's fees in land use and similar cases. If the Town were to get sued on one big zoning case it could easily cost $100,000. Councilmember Umstattd asked if the Town Attorney concern only relates to big land use litigation? Mr. Donnelly stated that basically to any non-monetary claim against the Town. Mr. Donnelly stated that Leesburg is different than the average local government in that it is the fastest growing town in Virginia and are at a high risk with the number of rezoning that we have. Ms. Briner stated that she is recommending PENCO for the savings and improved coverage over last year. Mr. Noe stated he would reserve comment until a stronger recommendation for PENCO can be made and additional re-evaluation of VML. Mr. Donnelly reemphasized that the $1,000,000 limit we have of risk management for public officials liability coverage is too low. It should be increased substantially no matter which company goes with. Council member Umstattd stated that she likes the recommendation to go with PENCO. Ms. Briner stated it concerns her that VML is taking on some large risks. Street LiQhts on Private Streets Tom Mason addressed the Council stating this item is for discussion as a result of a letter from Terry Titus concerning the SLDR not requiring on site private street lighting for private parking courts or private roads. Terry Titus addressed the Council expressing safety concerns of not lighting private streets. He added that Leesburg is the only jurisdiction that does not have such a requirement. Mr. Titus recommended that Council initiate action to consider lighting of private streets for safety reasons. Mayor Clem asked that staff provide a report to Council in two weeks. Vice Mayor Webb discussed the growing difficulty of private streets. Councilmember Umstattd advised that she has discussed this with Planning Commission and suggested their review of the SLDR and Zoning Ordinance might look at where private streets could be prohibited. Council Work Session Minutes for June 12,2000 Page 4 CIP- SDrina 2000 Proiects Tom Mason outlined the CIP projects currently under construction or to be bid in 30- 60 days. Mayor Clem verified that current projects are on schedule. Mr. Mason advised that his department is half-staffed for capital projects thus it is a struggle to keep up. Vice Mayor Webb stated that with half-staffing it would be difficult to proceed in a timely manner with the newly funded capital projects. She added the Council and citizens expect funded projects to get done. Mr. Mason agreed that these projects should be getting done, but at the same time he does not have the resources. It is extremely difficult to fill open positions and the resources in the development and construction community are stretched to the limit. Vice Mayor commented that prices are escalating and suggested that staff bring Council some suggestions on what can be done to solve this problem. Councilmember McDonald referenced the Wilson Avenue project questioning whether an alley would be closed. Mr. Mason stated the alley is not being closed; storm sewer and re-grading will be done. Line RUDtures Vice Mayor Webb referenced a gas line rupture in the Exeter Hills Subdivision whereby town officials were not notified. She suggested the gas company and other utilities communicate with the town in these types of emergencies. Consideration for Increase in Local Sales Tax - Reauest for SUDDort from Mecklenbura County Board of SUDervisors Mr. Noe asked if the Council would be in support of this request. Mayor Clem recommended support of the sales tax increase. Councilmember Umstattd stated she was not aware of any type of sales tax being levied by the Town. Bill Donnelly commented that towns do not have the authority to levy a sales tax; the state code says that the County will share a portion of their sales tax with the towns. Leesburg's share of sales tax from the County is about 1.8 million dollars. Mayor Clem asked what is the desire of Council. It was agreed to not proceed with support for this sales tax resolution. Namina of Rt. 621 Park Mr. Noe stated that the name of anything should be exclusively a council prerogative if they desire. A further issue is whether the council will permit various commissions to make recommendations as to which appointees should be. You put yourself in the position of embarrassing yourself or someone whose name might have been suggested that would not enjoy four votes on the Council. He questioned what procedure the Council wants to use to name that park and other facilities in the future. Council Work Session Minutes for June 12,2000 Page 5 Council member Umstattd stated she thinks it should be the Council making the decision. Vice Mayor Webb concurred, and reminded Council of the Balch Library's plan to name rooms for donors. Mr. Noe stated that recommendations should come informally. Mayor Clem directed Mr. Noe to draft a policy statement on this issue. Council member McDonald raised a question with reference to a proffered bus stop on Lawson Road in the Beauregard development. He added that a representative of the homeowner's association will be present tomorrow night as a petitioner to discuss this issue. Councilmember McDonald asked the physical impact of the ordinance amending Chapter 12.1 of the town code revising the pay and classification plan effective July 1, 20007 Mayor Clem responded it is in the approved budget. Council Retreat Details Mr. Noe discussed plans for a two or three-day retreat tentatively at Ayrlie. A facilitator will conduct interviews on July 14 and July 21. There was a consensus to invite boards and commissions on the first day. It was agreed upon the retreat would be held on July 26 and July 27 with a follow day in August. The interview schedule for Council was set for July 14th. Other Business Council member Jackson discussed appointments to Boards and commissions and piecemeal appointments. Vice-Mayor Webb suggested Council review the process of how boards and commissions are appointed. There was a recess at 8:25 p.m. Council reconvened at 8:30 p.m. Tree Commission John Groothuis outlined the Tree Commission accomplishments as follows: (1) they are 10 trees away from the 2000 by 2000 goal; (2) they received a growth award from Tree City USA; and (3) they have given trees away at the Leesburg Flower & Garden Show. He discussed future plans to work with VDOT to soften the look at the Eastern Gateway. They also plan to review Town ordinances for consolidation of tree maintenance. Mr. Groothuis expressed the Commission's concern with no enabling legislation to prohibit developers from removing trees and enforcement measures to see that trees are maintained in shopping centers. He further suggested that bonding would be a measure they could use. Mr. Groothuis encouraged Council to help them with enabling legislation for enforcement. Council Work Session Minutes for June 12,2000 Page 6 Councilmember Umstattd ask the Tree Commission to provide their requests to the Council by October so they can be included in their legislative project. Bill Donnelly stated he would be happy to work with the Tree Commission to see what they can do to maximize what they can do within the existing state law and see what changes can be suggested. Earl Hower presented a slide presentation of good and bad landscaping examples. The meeting adjourned at 9: 10 p.m.