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HomeMy Public PortalAbout2000_07_10 COUNCIL WORK SESSION July 10, 2000 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin V. Jackson, David Schmidt, Vice- Mayor Umstattd and Mayor Webb. Councilmember McDonald joined the meeting at 7:30 p.m. Council member Zoldos was absent. Staff Members Present: Bob Noe, Town Manager, William Donnelly, Town Attorney, Phillip Rodenberg, Deputy Town Attorney, Tom Mason, Director of Engineering and Public Works, Juan Rivera, Airport Director, Brian Boucher, Zoning Administrator and Judy Ahalt, Clerk of Council. AGENDA ITEMS Mayor Webb announced that the Cable Television Ordinance would be the first item of discussion. Also the following agenda items were added: private streets, storm drainage on S. King Street (Campbell), Shenandoah University and Draft Resolution for Shellhorn. 1. Cable Television Ordinance and Franchise Aareement Mr. Don Williams with Rice and Associates addressed the Council stating they had a franchise agreement ready for discussion, however the cable operator's corporate attorney had some language changes in the document. Discussion will be delayed until a future meeting. 2. Re-authorizina the aareement between the Town of Leesbura and the ESI to continue the Leesbura ESI Droaram Tom Mason outlined the ESI program being recommended adding this program is a private/public partnership to improve the plan review process and quality of plans. Mr. Mason stated that submission time has been reduced as a result of this process. Councilmember Schmidt verified that the increase in the agreement is due to inflation. On a motion by Vice-Mayor Umstattd, seconded by Councilmember Schmidt, this item was forwarded to Council for action on tomorrow night's agenda. 3. EXDansion of the Historic District Brian Boucher, Zoning Administrator, discussed the process of an expansion of the H-l Overlay District. He stated the process would involve a rezoning with property owners notification. He pointed out our ordinance does not require permission of the property owners. Council Work Session Minutes for Julv 10,2000 Page 2 Councilmember Umstattd expressed a concern with the homeowner who may not want to be in the historic district. However, she believes the expansion should be considered. Mayor Webb directed staff to initiate the expansion forward. She asked that staff bring a recommendation back in the fall as to what areas should be included. 4. Private Streets Mayor Webb discussed concerns with private streets especially in single-family detached neighborhoods and possibly in duplex developments. She stated that elimination of private streets should be addressed in the Design and Constructions Standards Manual, Zoning Ordinance and the Subdivision and Land Development Regulations. Mayor Webb asked the Zoning Administrator to report on private streets and return a recommendation to Council. S. South Kino Street Deeds of Easement Mayor Webb discussed a letter from Mr. Tunis Campbell with reference to storm drainage and temporary construction easement. Mr. Donnelly commented that Mr. Barry Thompson negotiated with the homeowner and an appraisal was done. It was discovered that the offer made by the town exceeded the appraised value. He added the written offer was for $19,000 and the appraisal was $10,000. He added that if an agent makes an offer that exceeds his authority and a contract is executed, the locality is not responsible. Mayor Webb addressed Mr. Campbell that she believes the verbal or written agreement should be honored. Councilmember Umstattd made a motion to forward a motion for approval to council to honor the agreement made with the Campbell's dated June 20,2000 in addition to the agreement made with Mr. Johnson, both of which exceeded the appraised value. Councilmember Jackson seconded the motion. Councilmember McDonald suggested that policy be established to handle these type situations. Mayor Webb asked staff to provide Council clarification of the policy. 6. Shenandoah Universitv Bill Donnelly recapped that the developer is trying to get a site ready for Shenandoah University for occupancy by mid-December. He stated staff is expediting review, however an off-site easement is necessary. The adjacent property owner has signed the easement agreement, but the lender must consent before recording. An alternative arrangement is proposed whereby easements will be held in escrow by the developer of the project and off-site work will not begin until the easements are recorded. This agreement will be added to tomorrow night's Council agenda for ratification. Council Work Session Minutes for Julv 10.2000 Page 3 Mayor Webb verified this agreement allows for the work to move forward with a level of confidence that the off-site easement can be resolved so that we don't delay this building moving forward. 7. Shellhorn Draft Purchase Mayor Webb announced that Loudoun County closed on the Shellhorn Property on Thursday afternoon. Mr. Noe provided a proposed agenda for the meeting with Loudoun County and a draft of comments to be delivered by the Mayor at the AADP meeting. Mayor Webb discussed the completed transaction and stated the next issue for discussion should be the time line of the county's plan with regard to this property and the Town's requests. Councilmember Umstattd suggested changes in wording in the draft letter to sound less defensive. Councilmember McDonald suggested that the letter is not strong enough. Council member Atwell stated that it appears to him that there are some hidden motives on the part of the County and questioned the County's position on development. The Board of Supervisors has made it clear that they do not want urban growth areas around any town in the county. He added he is extremely disappointed that the Board of supervisors totally ignored the town's opinions and suggestions. Councilmember Schmidt stated he would like the letter to deal with what we want and ask for specifics. Council member Umstattd suggested a commitment from the County for ballfields at this site. Mayor Webb suggested Council sit down with the County to discuss how they can work together. She stated that since the County has indicated this property was purchased for parkland, we should ask for clarification on when the fields will be developed, when Crosstrail Blvd. will be built and specific time lines with reference to roads. It was also suggested to ask for clarification on the relocation of Sycolin Road, dedication of land for airport expansion, relocation of the county building and jail, and do they intend to build a regional jail on the site. Councilmember McDonald stated there is a potential for a regional correction facility. Mayor Webb suggested adding clarification of the question of regional jail facility. 8. New Business Councilmember Umstattd discussed a time for the Town Manager's evaluation by Council. August 17th, at 7:00 p.m. was tentatively decided upon. Council Work Session Minutes for Julv 10. 2000 Paee 4 The Council viewed a video "A Fiscal Crisis in our Local Government" provided by Hampton Roads Planning District Commission highlighting concerns with loss of revenues in state and local localities. 9. Environmental Advisorv Commission Mr. Tony Falsio and Bill Repogle represented the EAC. Mr. Falsio discussed the power and duties and accomplishments of the EAC Commissioner Umstattd asked how they feel about combining the EAC and the Tree Commission. Mr. Falsio stated they had no objection. Bill Repogle asked for clarification from Council on their mandate, what are they accomplishing, and their relationship to the Planning Commission. He added they have very little budget to work with. John Chambless stated the EAC used to do beautification and was involved in starting Tree City USA. Mayor Webb commented that the Tree Commission is adamant not being combined with the EAC. She suggested that the EAC focus on environmental issues and possibly working with Keep Loudoun Beautiful. Councilmember McDonald stated that the EAC wants direction, they would like to review the town's recycling contract. Councilmember Umstattd commented that it might not be feasible to review planning commission referrals because of the time constraints they are under. There was discussion as to what projects EAC could get involved in. Some suggested were cleanup of the park behind Food Lion and impact of lawn fertilizer on water quality. Mayor Webb asked that the issues of the future of the EAC be addressed at Council's first worksession in August. The meeting adjourned at 9:20 p.m.