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