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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. Town Council Work Session Minutes for Mav 7. 2001 Paqe 2 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 Town Council Work Session Minutes for Mav 7 , 2001 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. Town Council Work Session Minutes for Mav 7, 2001 Paqe 4 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 Town Council Work Session Minutes for Mav 7. 2001 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. Town Council Work Session Minutes for May 7 , 2001 Paqe 6 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