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HomeMy Public PortalAbout2000_12_11 Council Work Session December 11, 2000 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb presiding. Council members Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Vice-Mayor Kristen Umstattd, Robert Zoldos and Mayor Webb. Staff Members Present: Bob Noe Town Manager, William Donnelly Town Attorney, Deputy Town Manager Phil Rodenberg, Director of Engineering and Public Works Tom Mason, Budget Officer Mike Freda, Zoning Administrator Brian Boucher, Preservation Planner Kristie Lalire, Andrew Russell, and Clerk of Council Judy Ahalt. AGENDA ITEMS Tom Mason asked that items 5 and 6 on the December 12, 2000 agenda be deferred until January due to homeowner concerns. Mayor Webb announced that Kathryn Kearns has resigned from the Planning Commission effective January 1, 2001. 1. Agenda for Council Meeting of December 12, 2000 a. H-1 District Exoansion Public Hearina Brian Boucher outlined this proposed expansion of the H-l District to include nine houses on S. King Street and two on Edwards Ferry Road. Mayor Webb verified that the Planning Commission has recommended approval on a 6-0 vote. Mr. Boucher stated the objections voiced at the Planning Commission public hearing were from 2 absentee owners and two owner occupied homes. Council member Schmidt questioned whether there would be an immediate cost to the property owners? Brian Boucher stated they would not; only alterations or new construction on the properties would be under review of the Board of Architectural Review. b. SE-2000-10 - 14 Cardinal Park Drive Public Hearina Lee Phillips outlined this special exception application to allow outdoor storage at 14 Cardinal Park Drive. Mr. Phillips pointed out the Planning Commission has recommended conditional approval at their November 16, 2000 meeting. Vice-Mayor Umstattd asked that a condition be added stating that no hazardous material be stored on the property. Mayor Webb asked if is the desire of Council to have legislation prepared for tomorrow night's meeting? It was the consensus of the majority of Council to have legislation provided at the December 12th meeting. Town Council Work Session Minutes for December 11, 2000 Page 2 c. Aoorooriation of Uran Contribution Mayor Webb outlined the recommended disbursement of the $25,000 Uran contribution. It was the consensus of Council to disburse the funds as recommended. 2. Chancellor Street Emeraency Access Councilmember Zoldos commented that he would be introducing legislation at tomorrow's nights meeting to consider authorizing the issuance of proposals for engineering services for the Chancellor Street extension and appropriating and making a transfer of funds. He stated that $150,000 would be allotted for these engineering services. Vice-Mayor Umstattd stated she is adamantly opposed adding staff did not recommend an emergency access. Councilmember Jackson stated that he too is in opposition. Councilmember Atwell questioned where the funds would come from; it was his understanding that consideration of this item was tabled until the mid-year budget. Bob Noe commented there is a provision in the resolution stating the monies can come from the contingency fund for debt reduction. Councilmember Schmidt asked if the engineering study would leave options open as to the path? Councilmember Zoldos stated the study would recommend the best alignment. Councilmember Schmidt stated that he would be supporting this resolution. Councilmember Atwell stated he would like Mr. Donnelly to provide by tomorrow night a ruling as to whether the motion to table the expenditure of funds until mid-year is applicable or not. 3. Loudoun County Plannina Commission Draft Revised Plan Randy Hodgson presented a staff review of the Loudoun County Planning Commission's Draft General Plan outlining chapters five, six, seven, eight and the Countywide Transportation Plan. Those chapters have the most significant potential impact on the Town. Mr. Hodgson pointed that the Loudoun County Planning Commission is trying to get a certified copy of this plan to the Board of Supervisors by the end of January. They are presently in the public hearing stage. Mr. Hodgson said the new plan establishes four geographic policy areas, the Suburban Policy Area, the Rural Policy Area, the Transition Policy Area, and the Towns. He stated that the placement of greenbelts in the transition policy area and the application of green infrastructure objectives might impact the Town. Town Council Work Session Minutes for December 11, 2000 Page 3 He stated the Towns chapter does maintain the urban growth area around the town. Also, the draft county plan states that they would like to further discuss the urban growth area after our urban growth study is completed. Mr. Hodgson stated that the Engineering and Public Works Department has reviewed the Countywide Transportation Plan with regard to the Town's transportation system and the Greater Leesburg Area and only recommends two comments be forwarded to the county. Mr. Hodgson reviewed five comments suggested to be transmitted to the Loudoun County Planning Commission. Mayor Webb commented that while the Western Transportation Corridor has been eliminated, how would they deal with the continued gridlock on Rt. 15 north and south and the Leesburg bypass. Mr. Hodgson said he did not think they have dealt with it very well. Leesburg is the dead center of the traffic network; this is closing their eyes to the inevitable. Mayor Webb asked if the transition area with the greenbelts surrounding the town would impact our UGA? Will they be part of the County's transition zone and not part of our Urban Growth Area, or do they intend to inflict those on the UGA? Mr. Hodgson stated that it is his understanding that they would be outside the UGA in the rural area; that is why we recommend they be mapped. Mayor Webb said the one on the west if fine, unfortunately, Shenstone and Beacon Hill are already there. Councilmember McDonald raised several issues that concern him. One in particular is the communal wastewater treatment within the Urban Growth Area. His understanding is that several years ago the County took a position against communal wastewater treatment and now they want to endorse a policy using it within the UGA even for institutional purposes, such as schools. Councilmember McDonald verified Mr. Hodgson that was his read as well. Councilmember McDonald stated there is strong language indicating the County wants the Town to consider using infill in the downtown area before developing the UGA. Mr. Hodgson said there is a part in housing where they talk about housing and cluster and infill in the urban growth areas. Councilmember McDonald stated this Council has taken the position that we have looked at every opportunity to use the infill, however, there are times when there are certain things to be considered in the UGA to maintain your economic stability. He stated that he has no problem with maintaining the greenbelts. He does not want us to have a Herndon/Reston situation between Leesburg and Ashburn; he would like us to maintain a distinction. Town Council Wark Session Minutes far December 11 , 2000 Page 4 Mr. Hodgson stated that he has pointed out in the report that we would like to be involved in how they implement this green infrastructure and the whole policy. The goals are commendable, but the implementation is where the problems might come in. Councilmember McDonald commented on the smart growth and revitalization principles. That is why he is a strong advocate that the UGA adjacent to the boundaries of town remain in a state that he would endorse annexation of we were going to loose control of it. Councilmember McDonald added that he would be making comments at the Saturday public hearing. Councilmember Zoldos recommended a special briefing from the Loudoun County Planning Commission on their comprehensive draft plan highlighting the parts that affect the Town of Leesburg, adding their target certification date of January 31st is rather aggressive. Mayor Webb stated it is very difficult to analyze this and return comments and feel like we have checked out the document with a level that we are comfortable with. Mayor Webb said we have two opportunities, tomorrow and Saturday, December 16th to provide comments to the County Planning Commission based on this draft and ask them to incorporate our comments into the amendments that they make. We will have another opportunity when this document goes forward to the Board of Supervisors. Mayor Webb stated it had been her hope that we would have consensus from Council on staff comments and other comments that Council has provided so that we could have remarks to the Planning Commission this week. Councilmember McDonald stated he wants to be sure that we make it extremely clear that until we get the study back we do not want to see communal waste water treatment approved in the UGA. Mayor Webb said the larger issue; Purcellville and Hamilton are also opposing the communal wastewater as it is in none of the towns' best interest. It is an environmental issue decided a decade ago that was not in the best interest of the County. I certainly think that we can move forward with strong comments in those areas. Mayor Webb stated from her perspective the transportation issues are approaching gridlock with the West Virginia traffic, the traffic problems on Rt. 15 north and south of Leesburg, and the bypass, which continues to get pressure to the point of not functioning. Councilmember McDonald stated that the latest figures he heard is that in Jefferson County they are building at the rate of 2,400 to 3,000 units per year. That is going to cause a bottleneck. Councilmember Schmidt agreed to add emphasis on the Western transportation Corridor if we have consensus to do so. The only technical issue is the map problems called to attention by Mr. Minchew. Town Council Work Session Minutes for December 11, 2000 Page 5 Mayor Webb said that Mr. Minchew's comments were incorrect. Council member Umstattd asked what is the sense of the extent to which this proposed plan does a good or bad job incorporating land use and transportation planning? Stating it appears to largely ignore the interplay between land use planning and transportation planning. She stated the 1994 County Draft Transportation Plan and the Dulles Greenway Corridor was proposed for nodes of mixed-use development. They seem to have disappeared entirely. The plan appears to be a land use driven plan with very little attention to the impact of transportation. Mr. Hodgson said they mention one of the parts of the transportation plan was to do that. The planning coordination section was specifically trying to coordinate the road with the land use, but he has not analyzed it in as great a detail as I would like to at this point. Councilmember Umstattd said in 1994 the County wanted to plan what kind of development they want along the Dulles Greenway Corridor. Now it looks as if they are going to designate a swath transition, another suburban and another rural. It doesn't look like there is a logical analysis of the impact of a major road and the land use. Mr. Hodgson said they talk about four distinct communities, and it may be where they want to do the area plans, adding this is a very broad-brush plan without that level of detail. Mayor Webb said the interesting part is that the four distinct communities with the exception of Ashburn has no tie in to a transportation system that moves anyone from those distinct communities. She stated she is also curious as to whether they are talking about incorporating those communities. Councilmember Umstattd referred to the comment of the additional impact of traffic on Rt. 15 asking is there a basis assumption in this plan that Rt. 15 will remain the defacto Western Bypass considering their treatment of the Western Transportation Corridor. Mr. Hodgson said he would say that becomes so. Mayor Webb said that at a meeting with two of the supervisors last week that one of them does not acknowledge that fact or that it will be a fact in the future. They don't see Rt. 15 as having any difficulties with north/south tra nsportation. Councilmember Zoldos stated the plan has no delineation as to where the transportation roads will be asking if they have taken into consideration Crosstrail Blvd. or the Greenway. He would like to see the County provide a matrix with parts that equate to Leesburg and will allow us to use as a guide. Councilmember McDonald asked if this is an oversight on someone's part. All the years we have been fighting to get Maryland to look at a bridge crossing, now we have Congressman Wolff taking about it. Town Council Work Session Minutes for December 11, 2000 Page 6 Mayor Webb said that it is the belief of some supervisors that the Tech way which in the east can potentially cross in Great Falls, just east of the Loudoun line, takes away all of the problems of the north/south traffic. Talk of the Tech Way is coming forth from a number of groups looking at the Reston/Dulles Corridor in terms of tying it directly to Montgomery County with a short connection; however, it still does not address the truck traffic and the north/south senior citizen travelers, which avoid the beltway. The Tech Way only takes care of one issue. Councilmember Atwell stated it is unconscionable to ignore the Western Transportation Corridor; not only for the relief of the north/south transportation on Rt. 15 but also to totally ignore the Dulles Greenway Corridor. It seems apparent that what they are doing is building a gate where the toll road becomes the Greenway. All you have to do is take a look at the bridge when you pass in to Fairfax County; the crane is the national bird. Mayor Webb stated while the eastern area is going be the primary area of development in the next twenty years, they have also indicated they would not increase residential density in that area and hoping they will have some success in down zoning the west. But if they are not increasing the density in the east, how do you say that is where their focus is going to be. Council member Atwell said it isn't only the Rt. 15 traffic out of Maryland into Virginia and back again in the afternoon. AAA has done some studies that show 2.5 to 3 cars come out of Maryland out of 5. There are reports that show that by the year 2005 that will increase to about 4 out of 5 cars for one going into Virginia. With Montgomery County's position about not wanting another Potomac River crossing, they are beginning to wall themselves in. Loudoun County will do the same thing if they take this position. Council member McDonald stated there is not adequate planning for the 40,000 homes left in the pipeline. Mayor Webb asked what Council would like to see go forward. Councilmember Zoldos recommended a briefing from the Planning Commission before we send comments. Council member McDonald suggested we have a formal statement to the County within the first 10 days of January. Mayor Webb asked if Council is comfortable with sending staff's initial comments with a paragraph stating that Council will continue to further review and have more comments reiterating that until the UGA study is complete that we anticipate no changes to that area whatever. Councilmember Umstattd said that she would be uncomfortable with a formal statement; she would like to have a briefing first and study the plan in more detail before taking a position. Town Council Work Session Minutes for December 11, 2000 Page 7 Council member Schmidt agreed to send interim comments where we believe we have consensus with additional comments to follow. Councilmember Zoldos stated he is agreeable to sending interim comments but would reserve the right to make changes. Councilmember Atwell concurred with interim comments and a final opinion to be provided later. A resolution will be brought forward at tomorrow night's meeting to accompany the initial comments sent forward. 4. Advertisina Contracts Kathy Elgin outlined the existing advertising contracts for legal/public notices, employment, and display/marketing advertising. She outlined her recommendation based on the Town's Procurement Policy and Code of Virginia requirements. Councilmember Atwell recused from discussion on this issue. Mayor Webb disclosed that she is a stockholder, but does not serve as an officer and will participate in discussion. Councilmember Umstattd referenced a letter from Brett Phillips with Amendment 1 requesting the town use a RFP process rather than an IFB process. She referenced Mr. Phillips concerns with Amendment One's circulation numbers. Ms. Elgin stated our legal requirement is to ensure that the paper is of general circulation. Mr. Donnelly added with respect to the legal and public notice advertising the state code sets the standard and as long as there is a newspaper of general circulation, we have to award contract to the lowest price per word. He stated there is no state code standard for employment advertising thus allowing more flexibility. He stated he would like to research whether we can justify doing the employment advertising on an RFP to consider factors other than price. He stated the Virginia Procurement Act says everything should be bid. Kristen Umstattd asked if there is a statutory prohibition against looking at the circulation? Mr. Donnelly said there is not; the only statutory requirement for legal and public notice is that it be a newspaper of general circulation. If you are going to bid you can create a higher standard than specified in the code, possibly you could create a higher standard on the employment advertising. Councilmember Zoldos asked if there are advantages to an Invitation For Bid? Ms. Elgin stated you could identify more specific criteria. Councilmember Schmidt suggested that employment advertisements should be awarded to the vendor that reaches most people. Ms. Elgin added that unless directed by Council staff would go with the state code provision for employment advertising. Mayor Webb commented this item would return after further review by the Town Attorney. 5. Preview Items on the January 9. 2001 Aaenda a. Soecial Exceotion SE-2000-11. Jafari Auto Service Lee Phillips provided a brief overview of this application for auto sales or service facility. Town staff will be recommending conditional approval for either sales or service, as there is not enough parking for both uses. The Planning Commission has recommended denial of this application on the basis that it is not a compatible use with the surrounding uses. The property is zoned B-2 and either use is permitted by special exception. b. Soecial Events Permit Process Kaj Dentler outlined the history of the special events policy. He commented on two issues that need addressing, fee waivers and criteria for street closi ng. Councilmember Schmidt asked if this plan had input from local merchants? Mr. Dentler stated they prefer council to review the process before the merchants provide input. c. Proaress Reoort Retail on First Floor in B-1 District and related issues Town Manager, Robert Noe, commented that Mr. King would return with an in-depth report in January. d. Mid-Year Budaet Mayor Webb asked that any inclusions to the mid-year budget be provided staff within the next two weeks. 5. Other Business Mayor Webb advised there would be a closed session at tomorrow night's meeting to discuss the potential acquisition of property. She reminded Council that February 1, 2001 is VML Legislative Day and any council member planning to attend should let the Town Manager know. Councilmember McDonald expressed concern with the expansion of the H-l District and forcing this overlay district on homeowners who do not wish to be included. Mr. Zoldos asked the status of the post office plans? Mayor Webb stated that they have identified 5 parcels. Mayor Webb asked staff to please contact the post office asking them to expedite the process. The meeting adjourned at 8:40 p.m. a:i