HomeMy Public PortalAbout2000_10_16
Council Work Session
October 16, 2000
Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb presiding.
Councilmembers Present: George Atwell, Mervin Jackson, David Schmidt, Robert
Zoldos and Mayor Webb.
Councilmembers Absent: Leonard McDonald and Kristen Umstattd.
Staff Members Present: Bob Noe Town Manager, William Donnelly Town Attorney,
Deputy Town Manager Phil Rodenberg, Director of Engineering and Public Works Tom
Mason, Director of Planning, Zoning and Development Michael Tompkins, Director of
Utilities Randy Shoemaker, Director of Personnel Nancy Fixx, Budget Officer Mike
Freda, Zoning Administrator Brian Boucher, Chief of Current Planning Lee Phillips and
Clerk of Council Judy Ahalt.
AGENDA ITEMS
1. Agenda for Council Meeting of October 17, 2000
Mayor Webb commented on public hearings scheduled for tomorrow night's
meeting and the fact that there is legislation attached.
Councilmember Atwell expressed concern with legislation following a public
hearing and whether it is in keeping with the new format adopted by Council.
Bob Noe responded that it is his understanding that controversial and
complex items be scheduled for action on the agenda in two weeks.
Councilmember Atwell asked that Council minutes be researched to clarify the
operating procedures adopted.
Mayor Webb stated she prefers a system with public hearings, followed by a
10-day period for comments, and legislative action taken at the next scheduled
Council meeting in two weeks.
It was the consensus of Council that Items A and B will be returned for action
in two weeks (October 31, 2000).
a. Joint Public Hearing with the Planning Commission-ZOAM 00-08
Brian Boucher outlined this Zoning Ordinance amendment to Section 4E to
require special exception approval for a major public utility in the 1-1 District.
This special exception requirement will give Council the opportunity to
exercise its legislative discretion to determine if a particular major public
utility is suitable in a particular location in the 1-1 District and to mitigate any
negative impacts. Staff has recommends that electric substations, telephone
dial centers and repeater stations without tower facilities to be excluded.
b. Public Hearing - ZOAM-OO-OS
Brian Boucher outlined this proposed Zoning Ordinance amendment to
Section 4C to waive the five-acre minimum district size requirement of the B-
3 District in cases where a lot is proposed to be rezoned to B-3 consistent
Leesburg Town Council Work Session Minutes for October 16, 2000
Page 2
with the Town Plan but does not contain five acres in area and is not
contiguous to an established B-3 District. He stated there are only 3 parcels
in Town to which this would apply.
Councilmember Jackson advised that he would be abstaining from
discussion on this matter.
c. Public Hearina - Utilities Service Tax
Town Attorney William Donnelly outlined this ordinance amendment. He
stated this has come about as a result of legislation passed by the 1999 and
2000 General Assembly deregulating the electric and natural gas industries.
It is necessary for the Town to convert the method of calculating the
consumer's utility tax from a tax based on the amount billed to one based on
consumption of energy. He added that the proposed changes are designed
to be revenue-neutral and will not result in a tax increase to the consumer.
d. Selectina a landscaoina olan for the median of the entrance ramo
into Leesbura from Route 7 to West Market Street.
Tom Mason discussed the four options outlined in his staff report.
Option 4 that includes removal of the existing vegetation, the installation
of 18 Armstrong Maples, a town entrance sign and 30 small holly bushes
around the sign was the consensus of Council. The cost of this option would
be $24,000.
Mr. Mason clarified that the Town Arborist had been consulted and that
installation can be done this fall.
Councilmember Schmidt verified that the sign would be consistent with
others entrance signs in Town.
e. Acceotina imorovements. releasina the oerformance auarantees
and aoorovina a maintenance auarantee for oublic imorovements
at Kincaid Forest 6A. 8A &. 8B. 9A. 9B. 9C.
Tom Mason discuss this item outlining that the developer of Kincaid Forest
was in default of public improvement contracts for all sections of Kincaid
Forest. He stated the Kauffman Group has been working to complete the
public improvements for AIMCO. Further the work has been completed and
inspected by the Town and the Kincaid Forest Homeowners Association has
given its approval to the work completed.
Mr. Mason recommended these public improvements be accepted and the
release of performance guarantees and acceptance of warranty guarantees.
He added that there are still some uncompleted items in four sections.
Leesburg Town Council Work Session Minutes for October 16,2000
Page 3
e. Authorizina seoarate oublic hearinas for consideration of Zonina
Ordinance amendments reaardina office use in the B-1 Zonina
District.
Mayor Webb commented this item came about as a result of a previous
resolution for a joint public hearing with the Planning Commission and
Councils desire to have these public hearings separated and the addition of
language to allow for different alternatives and tax incentives.
Brian Boucher added that public input has been very high on this issue.
2. Environmental Advisorv Commission Presentation of Goals
Anthony Fasolo, Chairman of the Environmental Advisory Commission
introduced the other members of the commission in attendance.
Scott MacDonald presented a power point presentation and discussed the
challenges before the EAC, their vision "A healthier environment for the Town of
Leesburg and surrounding area." He also discussed their mission and goals and
objectives which are protecting the environmental interest of the Town,
improving communications between the elected officials, commissions and Town
staff, increasing public participation, advising Council on changes to
environmental policies and programs. They plan an ongoing review of the EAC
powers and duties, and monitoring the environment for threats.
Mayor Webb thanked the Commission for their presentation and stating
this reinforces the need for an Environmental Advisory Commission.
Councilmember Zoldos thanked the commission for their hard work and
suggested that the EAC review the Comprehensive Plan section on environment.
3. Discussion of vision statement, vision orincioles and ooeratina
auidelines
Phil Rodenberg discussed the vision statement version dated September
30, 2000. Several editing changes were recommended to staff.
The vision principles were discussed and several editing changes were
recommended including addition of language under diversity.
Council member Atwell stated these documents should still be considered
draft and he would like to give some more thought to some of these items.
The operating guidelines were discussed and no changes were made.
Mayor Webb suggested that additional changes be shared with other
Councilmembers. This item will be on the Council agenda for adoption on October
31, 2000.
4. Leaislative Aaenda
Phil Rodenberg outlined the potential legislative items and asks Council for
direction on what they would like to include.
Mayor Webb discussed growth management tools adding the General
Assembly will probably not deal with this issue.
Leesburg Town Council Work Session Minutes for October 16,2000
Page 4
Bill Donnelly added that local government may get additional financial
assistance for schools and roads.
Mayor Webb discussed VDOT street standards being imposed in the
historic district and asked that it be added to the legislative agenda.
Councilmember Atwell suggested revenue sharing be considered and
Councilmember Zoldos suggested tax restructuring.
Bill Donnelly stated that the General Assembly is proposing to restructure
the entire tax system.
Council member Schmidt suggested publicizing tax relief that is available
to our citizens.
Mayor Webb suggested that the Virginia Municipal League Program and
Policy Statements be endorsed.
Bill Donnelly suggested other possible legislative items such as (1) special
taxing legislation to help with under grounding utilities and (2) tax relief from
state income taxes for businesses in Historic Districts.
It was decided to recommend the following legislative agenda (1) Charter
Change Removing the Advise and Consent Requirement, (2) Primary Seat Belt,
(3) Automated (Camera) Red Light Traffic Enforcement. (4) Sycolin Road/Route
7/15 Bypass Widening Project, (5) VDOT Street Standards, (6) Revenue Sharing
with Towns, (7) Historic District Preservation/Beautification/Tax Relief. In
addition the VML Program section on Towns (Page 15, 77-110) and (Page 16, 1-
13) be review for possible inclusion. The final agenda will be decided upon at
the October 30th work session and legislation on October 31st.
5. Under GroundinQ Utilities
Bob Noe stated there is no staff report for this item.
Mayor Webb cautioned that what ever is decided with reference to under
grounding utilities will set a precedent.
Mayor Webb stated she supports the under grounding of utilities on South
King and on the main thoroughfares (Loudoun, Market and King) of the historic
district, and the under grounding on other thoroughfares (Catoctin, Market,
Route 15, North and South) as major improvements are made to the roads with
the caveat that we are financially able to do so.
Councilmember Zoldos agreed stating that we need written procedures
and that geographical boundaries be defined.
Councilmember Jackson and Councilmember Atwell concurred with
Councilmember Atwell suggesting a caveat to include the cost.
Tom Mason commented that the South King Street project is installing
conduits for future fiber optic and an appropriation of $80,000 will be needed for
these conduits.
Leesburg Town Council Work Session Minutes for October 16,2000
Page 5
Mr. Noe stated that the Town would be including the full cost to the
homeowners, which includes the house connection.
The Mayor stated she has a problem with asking the homeowners to pay
the cost of updating their service and potentially placing a burden on the
homeowner.
It was the consensus of Council that staff will return with a policy at the
October 30th work session that outlines the major thoroughfares of the Historic
District (King, Loudoun and Market Street), the major thoroughfares attached to
the Historic District (Catoctin and East and West Market Streets), and language
to include if major utility work is done and the funds are available the cost of the
hookups to individual properties will be borne by the Town.
There was a discussion about a special assessment district.
Mayor Webb asked for clarification on the street construction on Anne
Street.
Tom Mason advised a new subdivision is in process thus causing
installation of connections to water, sewer and storm sewer lines. Also, the
Town is replacing an existing storm sewer at the end of the street.
6. Possiblv Grant to Dreserve Civil War Entrenchments
Lee Phillips stated this item is to see if Council is interested in pursuing a
matching grant from the Virginia Conservation Foundation for purchasing 10 lots
in Potomac Crossing threatened by residential development.
Mr. Phillips stated this is a follow-up on a request from Mr. John Dennis.
This grant has a 50/50 match and the deadline is mid-November. He added that
Arcadia Development has agreed to delay construction until next August.
There was a discussion as to funding for this grant.
The Town Manager was instructed to return to the October 30th work
session with more information and lot prices in the subdivision.
7. ForwardinQ the PlanninQ Commission's resolution reQardinQ further
study of common driveways.
Lee Phillips commented on the Planning Commission Resolution dated
September 21, 2000 recommending a comprehensive review by staff of the Town
Plan, Zoning Ordinance, Subdivision and Land Development Regulations, and
Design and Construction Standards Manual regarding the design, definition and
description of private streets, "common driveways" and "common parking courts"
to eliminate any inconsistencies.
Mayor Webb stated she would like to give staff adequate time to look at the
issues outlined in the Planning Commission resolution. It was decided that it
would be at the discretion of the Town Manager and the Planning Department as
to when this review would be initiated.
Leesbur~ Town Council Work Session Minutes for October 16,2000
Page 6
8. Leesbura Commons Status Reoort - Postooned
Mayor Webb commented that the applicant has asked for a postponement of
this report.
The meeting adjourned at 9:02 p.m.
Clerk of Council