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HomeMy Public PortalAbout2003_02_24Council Work Session February 24, 2003 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marry Martinez, Robert Zoldos and Mayor Umstattd. Councilmembers Absent: David Schmidt 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 Planning, Zoning and Development Susan Swift, Chief of Police Joe Price, Director of Utilities Randy Shoemaker, Director of Economic Development Betsy Fields, Director of Finance Paul York, Zoning Administrator Brian Boucher, Traffic Engineer Calvin Grow, Water Pollution Control Facility Superintendent Steve Cawthorn, Capitol Projects Coordinator Nagi Elsewassi, Budget Officer Mike Freda, Assistant to the Clerk Debi Parry, and Clerk of Council Judy Ahalt. AGENDA ITEMS Agenda for Council Meeting of February 25, 2003 a. Requesting the Loudoun County Board of supervisors forgive the construction loan of the Leesburg Volunteer Fire Company for the Plaza Street Station Councilmember Zoldos stated the County is building a fire station with taxpayer funds at Broadlands and South Riding and should forgive the debt for the Leesburg fire station. Fire Chief Tom Goss advised Council the unpaid balance on the fire station is approximately :t.1 million dollars. Chief Goss asked for Council support in forgiveness of this debt. He stated their revenues are Iow due to diminishing attendance at bingo. Councilmember Buttery reminded Council that the Town donated the land on which the fire station is built. He suggested that the fire department circulate a petition among citizens requesting the County support this req u est. Other Council members were in support of this resolution. b. Adopting a comprehensively revised Zoning Ordinance and repealing the Zoning Ordinance of ~.990, as amended, except Sections 5C and 740. Councilmember Zoldos asked the Zoning Administrator whether he was satisfied with further revisions to Section 16.2.5 - Minor Enhancements to Nonconforming Use Facilities? Mr, Boucher stated the change is very minor. Councilmember Martinez asked if we have discussed the proposed fee exemption policy with Loudoun County? Town Council work session minutes for February 24, 2002 Page 2 Mr. Boucher stated he has not, adding that building fees should be collected. 2. Oaklawn at Stratford Susan Swift stated that staff maintains their position for denial. staff is looking for policy direction from Council. She added She provided an overview and summary of the proffer changes submitted by the applicant at the last meeting. The revisions in proffers are as follows: (:L) school contribution of $452 with escalator clause, (2) mix of townhouses and multi-family is specified, (3) design of future segments of Hope Parkway, (4) signal at Tolbert & Greenway moved to Phase lB, (5) clarified site plan setbacks are "primarily" for landscaping and not intended for buildings or parking, and (6) proffer #11 says they will underwrite "conceptual" design of the interchange. Calvin Grow provided a comparison of the transportation improvement timing for existing ZM #138 vs. proposed ZM #159. He stated the major concerns of the Engineering and Public Works Department are the completion of Battlefield Parkway at the initial phase and the interchange at Battlefield Parkway and the Greenway. Doug McNeely discussed the human element of having residential units exposed to airport noise. He stated he remains opposed to this rezoning. Susan Swift verified that the residential development was originally slated for the west side of the Greenway. Doug McNeely stated the Federal Aviation Authority is concerned with the runway protection zone that lies within the acceptable 65 Idn. However, there will be noise impacts to those homes outside the protected zone. Councilmember Kramer asked why the houses were moved to the eastern tract? Susan Swift stated they were never built on the west side. Mayor Umstattd asked for staff to provide clarification on the following items: (:~) where west of the Greenway was residential first proposed and at what elevation would aircraft be flying over the residential, (2) is moving the residential going to affect more people with aircraft noise, (3) the difference between the two proposals with reference to by right and existing, (4) why staff thinks the old proffers are inferior to the new proffers with respect to transportation and what triggers improvements (square footage or build out of adjacent landbays). Brian Cullen of Keane Enterprises, representing the applicant, addressed Council. Mr. Cullen commented they are willing to work with staff to resolve some of these issues. He stated the new proffers would guarantee the construction of Battlefield Parkway and at an earlier date, gives a firm commitment on the Runway Commitment Zone and address issues with the Federal Aviation Authority. Further, Mr. Cullen proposed two separate work sessions with Council to address transportation, planning and airport issues. Town Council work session minutes for February 24, 2002 Page 3 Councilmember Buttery asked staff to provide a matrix for comparison of planning issues. There was further discussion with reference to further work sessions to discuss the planning and transportation issues. Mayor Umstattd asked staff to provide further justification for their position on the Tolbert Lane entrance ramp, i.e. does the ramp make things worse. It was the consensus of Council to address these issues again at the March 24th worksession, 3. Biosolids products - Tuscarora Landscapers Choice Randy Shoemaker and Steve Cawthron provided a response to the issues raised by a petitioner at the last meeting with reference to the safety of the biosolids product. Mr. Cawthron stated the Environmental Protection Agency recognizes three classes of biosolids. He stated the Tuscarora Landscapers Choice exceeds the "EQ' class. Mr. Cawthron stated their conclusion is that TLC is an exceptional quality Class B biosolid approved by the EPA and Virginia Department of Health. Councilmember Buttery asked if the Town is monitoring any health problems with employees? Mr. Cawthron stated there have been no adverse impacts, Mayor Umstattd and Councilmember Kramer asked how TLC compares to milorganite? Hr. Cawthron stated he has not done a comparison, Barbara Rubin addressed Council and presented a tape of an interview with Dr. Robert C. Hale, a researcher on the subject. The tape was inaudible. Councilmember Martinez asked Ms. Rubin if she is looking at the industry as a whole or just at the Leesburg product. Ms. Rubin stated she is trying to raise awareness of issues relating to biosolids products, 4. Solid Waste Disposal Contract (Councilmember Kramer) Councilmember Kramer stated the Leesburg Environmental Advisory Commission recommends that Leesburg adopt a policy to require businesses to recycle the same waste materials as residences. Tom Mason stated currently the town code requires recycling by single-family and townhouse units. He stated businesses want curbside recycling and suggested an option to our recycling contract for these additional services. Town Council work session minutes for February 24, 2002 Page 4 Mr. Mason added that our recycling contract is due to re-bid in March and a contract awarded during the budget process. Councilmember Zoldos asked the additional cost for the new services and stated that he has concerns with mandatory recycling. Councilmember Buttery stated our recycling program has been successful and looks forward to the additional services. Councilmember Kramer stated we also need a plan that will make citizens more aware of recycling. Mayor Umstattd asked what the RFP costs would be based on and stated she is not in favor of mandating recycling. Further she asked what assurances we have that our contractor is not taking recycling to the landfill. Councilmember Zoldos stated that Loudoun County Solid Waste Management has created a mandate for the County. 5. 2nd (~uarter Financial Analysis -FY 2003 Hike Freda reported the General Fund for FY 2003 has been 52% spent. added that snow removal will be very costly and some reimbursement may be expected from the Federal Emergency Management Agency. He He reported property tax revenues are lower as a result of a change in the timing of recording and posting the receipts, but they are expected to meet projections. Hr. Freda reminded Council of a $500,000 shortfall from FY 02 which will have to be made up in the current budget. He stated that current projections indicate that overall revenue collections for FY 2003 will be close to what was projected. IVlr. Freda stated the FY 2004 recommended budget is being finalized and will be presented to Council in March. 6. Town Branch Update Nagi Elsewaissi outlined the history of the Town Branch improvements project. Mr. Elsewaissi showed a plan, which provided an option to add a culvert along the branch or a 2-foot high berm. He stated that residents of the Market Square South Condominiums have been required to purchase flood insurance since a surveyor provided erroneous information that they were in the floodplain. He stated the surveyor has corrected this information and the homeowner's association has been advised. Councilmember Martinez asked what effect the runoff would have past the bridge. Hr. Elsewaissi stated it would depend on the level of improvements. Mr. Elsewaissi also clarified that grading or berming would not take the properties out of the floodplain. Constructing a floodwall could only do that. Town Council work session minutes for February 24, 2002 Page Vice-Mayor Jackson and Councilmember Kramer commented that the Monroe Street homes were purchased in the floodplain. Mayor Umstattd verified that four homes on Monroe Street are required to purchase flood insurance. Councilmember Zoldos suggested widening the channel, using a large concrete culvert and channeling the water underground. Larry Barnett addressed Council stating that he has lived on Monroe Street for 30 years and any additional improvements would be helpful. J, B, Anderson addressed Council and thanked Mr. Elsewaissi and the Mayor for their help, Mr. Anderson stated the last improvements to the branch were made 15 years ago and encouraged Council to move rapidly with improvements for safety reasons. Update on Rt. 15 Kousa Dogwoods Bob Noe stated there is no new information on the dogwoods. Councilmember Zoldos expressed support of the Tree Commission recommendation for using a mixed tree species for replacement trees along the Rt. 15 Bypass. It was the consensus of Council to support the Tree Commission recommendation. Bob Noe advised this issue would be addressed during the budget process. General Assembly Legislation None 9. Consultant Contracts Bob Noe commented that all consultant studies undertaken by the town have been necessary. The factors he considers when deciding whether to use a consultant are when no staff time is available, staff lacks the level of expertise, or to ensure objectivity and credibility. Mr, Noe outlined the current consultant studies and provided justification as to why the consultant is required, Councilmembers Martinez and Kramer agreed with the use of consultants in certain situations. Councilmember Zoldos stated he could not justify further studies until the economic situation improves. Mayor Umstattd stated a consultant should only be used when there is the lack of expertise and time from town staff. Town Council work session minutes for February 24, 2002 Page 6 10. New Business Town Plan - Councilmember Zoldos asked when the town staff and Planning Commission would start the Comprehensive Revisions to the Town Plan. Susan Swift stated efforts have begun this week with the arrival of a new planner. Further, the previous schedule is now three months behind. Councilmember Zoldos stated that he would like to have a time line at the next meeting. Ms. Swift explained the process of collecting data and added that she did not want a public meeting without staff input and data collection. Councilmember Zoldos stated the Planning Commission could work concurrently with the town staff. Ms. Swift stated that the Planning Commission would be attending a retreat on March 8th at which time they will have a facilitator on the Town Plan. Oaklawn Bob Noe asked for clarification on how to proceed with the Oaklawn at Stratford application. Mayor Umstattd said she would not be ready to vote until her questions are answered. Councilmember Martinez stated we either should vote on the application or send it back to the Planning Commission. Mayor Umstattd asked the Town Attorney to advise Council as to what their options are with reference to voting on this application. Due to the complexity of the issues (planning and transportation) and the appearance of some movement toward a compromise, it was the consensus of Council to have a future worksession before undertaking a vote on this issue. The Mayor asked if it were possible to go forward with residential on the site and still get transportation improvements since they seem to be geared toward commercial? She wants to be sure we don't give up anything on the proffers. There was further discussion as to whether the residential units proposed on the western parcel of Oaklawn can be transferred to another parcel. Director of Economic Development, Betsy Fields, addressed Council stating residential would be hard to ignore because of the demand. However, residential is deficit producing and commercial is revenue producing. It was decided this application would return to Council at the second meeting in March to allow staff and the applicant time for further discussions. Town Council work session minutes for February 24, 2002 Paqe ? Leesburg Volunteer Fire Department Councilmember Zoldos asked that the town provide snow removal for the fire department. The meeting adjourned at 10:30 p.m. 2003_tcwsminO224.doc /lerk of Council