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HomeMy Public PortalAbout2001_11_13 Council Work Session November 13, 2001 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, Robert Zoldos and Mayor Webb. Councilmembers Absent: None Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly, Deputy Town Manager Phil Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Finance Paul York, Director of Utilities Randy Shoemaker, Acting Director of Planning, Zoning and Development Lee Phillips, Chief of Comprehensive Planning Randy Hodgson, Zoning Administrator Brian Boucher, Assistant to the Town Manager Nicole Ard, Management Intern Larry DiRe, Tourism Coordinator Marantha Edwards, and Clerk of Council Judy Ahalt. AGENDA ITEMS 1. Agenda for Council Meeting of Wednesday, November 14, 2001 a. Tavistock Farms Concept Plan and Proffer Amendment - Public Hearing Randy Hodgson outlined this rezoning request by Arcadia Development Company to allow the reduction of the rear setback area in the townhouse sections of Tavistock Farms to allow for elevated decks. Mayor Webb suggested that in the future these issues should be addressed during the initial development process. Mayor Webb asked the status of Mt. Tavistock. Don Miller advised Council they are awaiting approval of their grading plan from Loudoun County. 2. Office Space Feasibility Study Results Phil Rodenberg briefly outlined the feasibility study prepared by Rocky LaRock (Ballenger & LaRock Architects), Jody Fox (Structural Concepts, Inc.) in cooperation with Paciulli, Simmons & Associates. Mayor Webb asked that any lease discussions be held in closed meeting. Councilmember Zoldos asked the status of the termination of the Inglenook lease agreement. Bob Noe advised that Dodona Manor Foundation is not willing to release the Town from the lease; however, negotiations are ongoing to seek a resolution. Mayor Webb added that staff had assured Council it would be possible to be released from the lease. Mr. Noe advised the matter of Inglenook should be discussed in closed session. Town Council Work Session Minutes of November 13, 2001 Paqe 2 Councilmember Atwell stated it was his impression we would terminate the lease in early spring. Rocky LaRock verified for Council that the 2nd floor of the Tally-Ho could be configured for office space. He added that Mr. Devine is confident a theatre will still work for the first floor. There was further discussion as to how the interior of the first floor of the Tally- Ho would be configured. Councilmember Atwell confirmed the cost per square of office space for the Tally- Ho and Bredimus Building. He added that the Loudoun Street expansion site would be the most desirable and could be used for 10 years. There was further discussion as to whether a letter of intent should be issued for the Tally-Ho site and who would pay for further engineering studies. Vice-Mayor Umstattd expressed concern with additional expenses considering our current Inglenook commitment. Councilmember Atwell added Council needs to consider whether they want to consider strictly office space or office space combined with historic and economic development. It was the consensus of Council that additional information is needed on the following: (1) the Inglenook lease, (2) a comparison with the Loudoun Street expansion and the Tally-Ho site, and (3) whether we want to commit with the Tally-Ho as well as historic and economic development. Councilmember Atwell suggested the Economic Development Commission should review the proposal from our consultants and report to Council. Karen Jones was provided a copy of the consultant's report. 3. Shellhorn/UGA Utilities Randy Shoemaker referenced a letter from the Mayor to Scott York with reference to the Shellhorn property in which Council expressed their concerns with the proposed water and sewer alignment being consistent with the town's Utility Master Plan. Mr. Shoemaker requested the issuance of a Task Order for preparation of a preliminary engineering report for design of water and sewer facilities in the UGA. There was a discussion as to whether the Town should request a commitment on Crosstrail Boulevard. Vice-Mayor Umstattd verified that the County would be expected to pay it its prorata share for sewer facilities. She further suggested that a prorata and Crosstrail Boulevard commitment should not be tied together. Bob Noe added that time is of the essence, as the new jail facility does not have adequate sewer capacity at the current pumping station. Town Council Work Session Minutes of November 13, 2001 Paqe 3 It was the consensus of Council to not proceed with the engineering report until a prorata commitment is received from the County. Mayor Webb added that she will follow-up on her October 30th letter. 4. Charter Amendment - Removal of advice and consent requirement - Finance Director - Public Hearing Phil Rodenberg outlined a recommendation to hold a public hearing on a proposed amendment to the Town Charter to remove the advice and consent requirement of the Council when the town manager appoints a finance director. He added that charter changes must be approved by the General Assembly. s. Zoning Enforcement Brian Boucher outlined the past practice whereby the Zoning Administrator has refrained from pursuing a violation until Council has made a decision on the land use request. He currently recommends that the Zoning Administrator issue a violation notice and correction order that will begin the 30-day appeal period even in cases where an alleged violator is diligently pursuing a remedy to a use violation. The current practice of not resorting to court action until Council's decision on the application would be continued unless there is a threat to health or safety, or the violator does not stop work on construction of an unpermitted use. Mr. Donnelly clarified that a 30-day notice of appeal statement will be issued. If the violator appeals to the BZA, the Zoning Administrator holds the appeal in abeyance until Council has rendered a decision on the application. Councilmember Zoldos commented he does not think we should allow someone to continue to operate outside the ordinance. But he conceded the proposed practice would be an improvement over what we have done in the past. Mr. Boucher stated the Zoning Department would be more aggressive in enforcement after the 30-day letter. 6. Valley View Avenue Street Trees Lee Phillips discussed the complaint regarding the Sycamore trees along Valley View Avenue. He talked about the landscape value of Sycamore trees and the fact that they are a poor choice of street trees due to their high level of maintenance. He added staff is recommending they receive the current level of maintenance. Councilmember Zoldos suggested more trimming of the trees. Mr. Phillips will ask Jay Banks, Town Arborist, to meet with Mrs. Thompson, the resident of 129 Belmont Drive, to discuss the tree maintenance. 7. Support of the Olympic torch Relay in Leesburg Phil Rodenberg discussed the recommendation to authorize the waiver of special events policy related-requirements for the 2002 Olympic Torch Relay in Leesburg and moving forward in signing an agreement with the Salt Lake City Organizing committee. Town Council Work Session Minutes of November 13, 2001 Page 4 Mr. Donnelly added that our special events policy requires $1,000,000 liability insurance, however, the Olympic Committee will not provide such insurance. It was decided to contact the Town's insurance carrier to see if we could provide the additional liability insurance on our policy at no additional cost. Council was in agreement as this is an excellent tourism opportunity. 8. Virginia Power Master Agreement Bill Donnelly gave a recommendation for Council to authorize the Town Manager to execute an agreement for electric service to local governments, as endorsed by VML and VACo. He added the current formal agreement has expired. Council agreed to go forward with a 7-year contract. 9. Preview Items for Council Work Session Meeting of November 26, 2001 a. Parking Restrictions in Meter Zones on Church Street and Harrison Street Vice-Mayor Umstattd stated that when considering the County's request we should subtract the number of parking spaces the Town is now providing them. Lee Phillips added the County also wants to eliminate police parking on Church Street. Mayor Webb asked if the County got credit for parking spaces on Church Street? Lee Phillips stated they had to provide off-street parking. Councilmember McDonald stated he could support the request for Church Street but not on Harrison Street. Mayor Webb asked that any other parking issues for the County be included when this request returns to the next worksession. 10. Other Business Vice-Mayor Umstattd urged Council to consider a public hearing to discuss the proposed annexation. Mayor Webb stated a public hearing is part of the process. She added it would be difficult to have negotiations with a third party. She explained the annexation process, adding there will be a local public hearing when the application comes to the Council on Local Governments. Vice-Mayor Umstattd added that a decision would have to be made by February 1, 2001. Councilmember Zoldos concurred with the Mayor, adding that a public hearing will be held in due process. Councilmember McDonald added when Council comes to a conclusion with reference to annexation, a public hearing can be held. Town Council Work Session Minutes of November 13, 2001 Paqe 5 Councilmembers Atwell and Schmidt agreed a public hearing would be held for public comment at the appropriate time. Councilmember Schmidt suggested that the public be educated on the annexation process. Councilmember Zoldos asked staff to evaluate the possibility of eliminating parking on S. King Street near the old J. T. Hirst building. Closed MeetinQ On a motion by Mayor Webb, seconded by Councilmember McDonald, the following motion was presented: Pursuant to Sections 2.1-344(A)(7) and 15.2-2907(D), of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for discussion of legal and annexation matters. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Zoldos, and Mayor Webb Nay: Vice-Mayor Umstattd Vote: 6-1 Town Council adjourned into a closed session at 9: 10 p.m. Council reconvened and on a motion by Mayor Webb, seconded by Vice-Mayor Umstattd, the following motion was presented: In accordance with Section 2.1-344.1 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Zoldos and Mayor Webb. Nay: None Vote: 7-0 The meeting adjourned.