HomeMy Public PortalAbout2001_05_07
Council Work Session
May 7, 2001
Council Chambersl 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.
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 Utilities Randy Shoemaker, Chief of Police Joe Price, Zoning
Administrator Brian Boucher, Chief of Comprehensive Planning Randy Hodgson,
Capital Improvements Manager Nagi Elsewaissi, Tourism Coordinator Marantha
Edwards, Assistant to the Town Manager Nicole Ard, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
1. Agenda for Council Meeting of January 9, 2001
a. Aoorovino SE-2001-02 - Loudoun Country Day School
Mayor Webb recused from discussion on this matter.
Nancy Costa advised that negotiations are still ongoing between the
school and residents with reference to the screening and noise issues of this
application.
Brian Boucher advised that staff is still gathering information as the noise
issue is very complicated. Further staff has visited the manufacturer of the
modular units to test noise levels. A recommendation will be forthcoming in
two weeks.
Councilmember Schmidt asked if a parapet wall could be added to the
existing units to mitigate the noise level. He also suggested additional
screening at the site. He asked if there is a consensus on the noise and
screening issues. Another issue is approval being extended to another tenant.
Dr. Holister, Loudoun Country Day School, stated he had some difference
of view with the staff report. He advised they would be willing to provide traffic
signals on Fairview Street. He added they are time constraints for them. The
noise issue is complicated by the fact that the Town does not have an
ordinance. He explained some research the school has done on noise. There is
not a justification to have the units anywhere other than the roof.
John French. 310 Locust Knoll Drive, addressed Council stating it is not
appropriate to force the neighbors or Town into a time schedule. The
homeowners are only asking for assurances from the school. The residents
should not be penalized because the town has no noise ordinance.
Council further discussed setting a noise decibel level and possible
enforcement and whether setting a decibel will set a precedent.
Bill Donnelly stated noise issues could be resolved by setting a decibel
level to be measured at the property line. The decibel level could only be
applied to this property thru a special exception condition.
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Further the screening issue can be resolved by a special exception
condition. He added the special exception condition could state that when the
school operation ceases on the property the trailers will be removed or a time
limit can be set.
It was decided that additional information will be reviewed and
negotiations will continue with the applicant and homeowners with this item
returning to Council in two weeks.
b. Primemedia History Grouo - LEDC Tourism Committee
Dean Regan gave an overview of the proposed Civil War reenactment
scheduled to take place August 3,4, and 5. He identified the site as the Locust
Hill Farm, one mile north of Leesburg on Route 15. He stated they currently
are in the permit process.
Mr. Regan added Leesburg is being promoted as a destination for this
event.
Tom Dunn with the Economic Development Commission outlined events
and programs they plan to promote in Leesburg during this reenactment.
Mayor Webb asked that Phil Rodenberg and Loudoun Transit coordinate
the transportation plan for this event.
c. Amendino the Town Code relatino to water and sewer connection
and availability fees for annexed orooerties with failino seotic
systems and/or wells
Bill Donnelly outlined this proposed Town Code amendment to provide
relief to the properties annexed in 1984 which are on septic and wells. The
amendment will provide for a class of customers entitled to water and sewer
connection and availability fees in effect when they were annexed provided
their well and septic systems are failing.
The Town Manager in consultation with the Loudoun County Health
Department will evaluate whether a system is failing.
It was further discussed how the Town could help finance other costs for
the residents, such as the installation of ejector pumps and sewer hookup
fees.
4. VDOT's Western Transoortation Corridor Study - Parsons
Transoortation Grouo
Tom Farley with VDOT introduced the study team from the Parsons
Transportation Group. Present were Chris Collins, Eric Vogel and Ed Noel with the
VDOT Management Team and Steve Walter, John Underland, and Harriet Levine
members of the consultant study team.
Steve Walter outlined the preliminary study area consisting of 1-95 South to
Rt. 7 in Loudoun County. It will include portions of Prince William, Stafford,
Fauquier, Loudoun and Fairfax County. He outlined the study history, how this
study will progress, and how the public will be involved, such as scoping meetings to
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Page 3
take place during May at various locations. Finally, a presentation of the study will
be made to the Commonwealth Transportation Board.
Mayor Webb stated that the Loudoun County Board of Supervisors is
discussing removing the corridor from their comprehensive plan.
Mr. Collins advised they could proceed with the study if it is not on the county
plan.
Councilmember Zoldos suggested that Leesburg have a representative on the
Advisory Committee. It was the consensus of Council that Leesburg's interests
need to be heard.
Vice-Mayor Umstattd asked if the Western Transportation Corridor were
eliminated from the County Plan, would Rt. 15 become the WTC and be four-Ianed.
Mr. Farley stated there are no plans to widen Rt. 15 and assured Council the
study can proceed if it is not in the County Plan.
5. Dominion Telecom Neootiations Uodate
Phil Rodenberg explained this non-exclusive franchise request for point-to-
point wholesale service.
He added the town is looking at the underground proposal for Charlottesville
by this company.
Mayor Webb questioned what the benefit of this franchise would be to the
town and whether they will agree to underground their wiring using the town
conduits.
Tom Hogg, representing Dominion Telecom, addressed Council discussing the
economic benefits to the Town. He asked Council to act on this proposal at the May
22nd meeting.
Councilmember Zoldos expressed concern with Dominion Telecom installing
lines before they have completed negotiations with the Town.
He added the Information Technology Commission and the Economic
Development Commission have met to discuss what the direct benefit of this
franchise would be to Leesburg.
Mr. Donnelly stated there have been discussions about a cash contribution in
lieu of a user fee.
James Wynn, Economic Development Commission, said this franchise should
attract new businesses, especially those who need a wide-band access.
It was decided that Mr. Rodenberg and Mr. Donnelly would continue the
negotiations with Dominion Telecom.
Bill Donnelly stated they have only consented to under grounding their cable
and we are clarifying that wording.
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6. Fairview Street Imorovements
Nagi Elsewaissi reported the improvement widen Fairview Street between W.
Market Street and Riding Trail Court. The residents of Fairview Street have requested
that overhead utilities be placed underground as part of these improvements. The
estimate for this under grounding is $40,000. He stated at this time there is not
funds to place the overhead utilities underground during the Fairview Street
improvement process.
Councilmember Schmidt suggested that we should underground the utilities
since the cost is minimal. Councjlmember Zoldos agreed.
Bob Noe added this would set a precedent and the Town cannot afford to
underground these lines.
Bill Donnelly stated it could be done by a special assessment, but the citizens
would need to have 100 percent participation.
It was the consensus of the majority of Council that funds are not available
and that we should adhere to the policy adopted.
6. Discussion on Tractebel aoolication
Mayor Webb stated the Loudoun County Land Use Committee continues to
study the proposed impact of the Tractebel power plant.
She asked that the County Zoning Administrator has been asked to issue a
formal, written confirmation that the proposed "peaker" plant does not comply with
the conditions of special exception and that Leesburg will not extend water and
sewer.
She stated that Leesburg sent a letter to the SCC asking for a local hearing.
Further, Mayor Webb asked Council to move forward to becoming a formal
respondent in opposition to the case.
Bill Donnelly clarified that when the SCC application is complete a scheduling
order will be issued. There will be a deadline for interested parties to participate.
It was the consensus of Council to be a respondent in this application and
appropriate legislation will be brought forward at tomorrow night's meeting.
7. Facilities Namino Policy
Phil Rodenberg stated that staff has drafted a policy that will give Council the
prerogative for naming facilities.
Councilmember Zoldos stated he would support the proposed policy. He
added it does not preclude boards and commissions from informally making
recommendations.
The remainder of Council expressed support for this proposed policy.
Legislation will be prepared for tomorrow night's meeting.
8. Shuttle bus orooosal
Chief Joe Price outlined options for pedestrians to cross the Leesburg Bypass
safely. He stated the proposed SAF-T-RIDE be a public/private partnership. He
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Paqe 5
discussed funding options that would include grant monies, Loudoun County funding
and corporate partners.
Mayor Webb asked staff to review what would be the most advantageous path
financially.
Mr. Noe suggested implementing Phase I until October as a pilot project.
It was the consensus of Council to encourage a public/private partnership in
this effort. It was also suggested to seek a Spanish-speaking individual to drive the
bus and provide multi-lingual advertising.
Vice-Mayor Umstattd clarified the Town would not be directly soliciting
funding and suggested that Loudoun Transit assist in that area.
Bob Noe recognized Chief Price for his work on this project.
9. New leoislation reouirino disclosure of oroffer oayments
Brian Boucher discussed new state legislation requiring disclosure of proffer
payments. He stated the Commission on Local Government would hold a public
hearing in Richmond on May 14, 2001 to receive public comment on the
implementation of the law. Further, the first accounting must be made to the
Commission on Local Government no later than September 30, 2001.
10. Preview Items for the Town Council Meetino of May 22, 2001.
a. Alternative Transoortation and Land Use Activities Strateoies
Study from the Transoortation Coordinatino Council on Northern
Viroinia
There was no discussion on this item.
b. SE-2001-03 - Leesburo Baotist Church - Public Hearino
Councilmember Zoldos verified that the modular units proposed at the
church are not attached to the building.
Councilmember Schmidt verified that the adjoining property owners have
been notified of this application.
Brian Boucher discussed initiating legislation to require a public hearing
for special exceptions at the Planning Commission level.
c. Reclassifyino one Construction Insoector Position to Insoection
Suoervisor
There was no discussion on this item.
d. Decibel based noise ordinance
Bill Donnelly stated he would be initiating a noise ordinance at the next
Council meeting.
11. Other Business
Councilmember Atwell asked that legislation be prepared for the selection of
the artist for the Reading Room frieze at Balch Library.
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Councilmember Schmidt asked that information be provided at the next
Council meeting to address water pressure concerns and future water towers.
The meeting adjourned at 11 :03 p.m.
k/E-diid I/J, aM
l;Olerk of Council