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.
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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.
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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.
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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.
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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.