HomeMy Public PortalAbout2004_05_10Council Work Session
Council Chambers, 25 West Market Street, 7:30 p.m.
May 10, 2004
Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin .lackson, Melinda Kramer, Marry
Martinez, Robert Zoldos and Mayor Umstattd.
Councilmembers Absent: David Schmidt
Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Director of Engineering and Public Works Tom Mason, Chief of Police Joe
Price, Director of Planning, Zoning and Development Susan Swift, Human Resource
Director Dona Wolf, Chief of Plan Review Paul Gauthier, Capital Projects
Administrator Nagi Elsewaissi, Budget and Management Officer Mike Freda, Chief of
Current Planning Lee Phillips, Zoning Administrator Brian Boucher, Tourism
Coordinator Marantha Edwards, Planner Nick Colonna, Management Intern Alexandra
Shabelski, and Clerk of Council .]udy Ahalt.
AGENDA [TENS
Agenda for Council Meeting of May 11, 2004.
a. Granting a Cable Television Franchise to Lamont Digital Systems,
]:nc. dba/Gatehouse Networks, subject to certain conditions -
Public Hearing
Town Attorney Bill Donnelly stated a public hearing would be held at
tomorrow's Council meeting to hear comment on granting a cable television
franchise to Lamont Digital Systems. This franchise would allow cable
services to the Edwards Landing subdivision.
He stated staff and the Cable Commission are recommending approval
with certain conditions. Further, he stated the terms of the franchise would
be similar to those of the Adelphia Cable franchise.
Mr. Donnelly stated franchise provisions include, Gatehouse paying
$20,000 to the town in settlement of claims for its past town code violations;
reimbursing the town for outside counsel legal fees; and termination of the
franchise term to coincide with the Adelphia franchise agreement.
Mr. Donnelly stated Ned Lamont is here tonight representing Gatehouse
Networks if Council has any questions.
Councilmember Zoldos commented he would like to hear from the
Edwards Landing residents on this issue. He asked when Adelphia would be
able to serve Edwards Landing if they choose to do so?
Mr. Donnelly stated he does not believe Adelphia has plans at present to
service this area. He added the Edwards Landing Homeowner's Association
has an agreement with Gatehouse that part of their homeowners dues pay for
the Gatehouse system, whether they choose to use it or not. Therefore, it
would be difficult for Adelphia to compete.
Town Council Worksession minutes for May 10, 2004 Page 2
Councilmember Zoldos stated he has had emails regarding the quality of
cable service at Edwards Landing.
Mr. Donnelly stated there have been numerous complaints. He added
when the town discovered Gatehouse was providing cable and broadband
service, we asked that they not hook up additional residences. After
negotiations began with Gatehouse, we allowed the running of fiber optic
cable to the remainder of the residences, but they were only allowed to turn
on broadband service. Additionally, Gatehouse provided satellite service to
the residents on a temporary basis.
Mayor Umstattd asked if we require Gatehouse to indemnify in case
Adelphia sues the town?
Mr. Donnelly stated the indemnification language is provided on Page 2,
Section ! (e) of the agreement.
The Mayor questioned whether Paragraph 25 is contradictory with the
language under Section T (e)?
The Mayor suggested that Section :[ be referenced in Paragraph 25.
Mr. Ned Lamont, Lamont Digital Systems, addressed Council stating it
has been a pleasure working with Mr. Donnelly and Tim Leigh over the past
year to resolve this issue.
Council had no further questions.
b. Setting the tax rate and adopting the FY 2005 Budget and FY
2005-2009 CTP
Mayor Umstattd noted a special budget meeting is scheduled for tomorrow
night at 7:00 p.m. to resolve any remaining issues.
Mike Freda stated after the last meeting we were $69,000 short of
balancing the budget. He stated by not approving a tax increase the budget
has decreased by $850,000. We have added revenues of $150,000, which
equates to a $700,000 decrease in the budget. As a decrease in expenditures
will decrease what the reserve needs to be, this would balance the budget if
Council passes what was agreed to at the last meeting.
Councilmember Martinez verified we could include an extra $10,000 for
Bluemont and still be in balance.
He asked if the delay in hiring new people would equate to a savings?
Mr. Freda stated since we have the ability to go higher in the salary range,
the savings would be absorbed.
Councilmember Zoldos stated he would be proposing some amendments
tomorrow evening, including a grants writer.
Councilmember Buttery asked about an agreement through the AADP's,
which would provide some funding to the Commonwealth Attorney's office.
Town Council Worksession minutes for May 10, 2004 Page 3
Mr. Freda stated the budget does not include funding for the
Commonwealth Attorney's office.
Councilmember Kramer verified that $5,000 of the funding for Bluemont is
from a state grant.
Mayor Umstattd asked Chief Price if eliminating a camera or two could
fund the school resource officer?
Chief Price stated a new middle school opens in September 2004.
Loudoun County is providing offsetting funds. This year the town's
contribution is $14,000. He stated the Uran donation could fund the resource
officer and one of the cars.
Councilmember Buttery verified that Chief Price is confident this is an
appropriated use of Uran funds.
Mayor Umstattd stated Council would be voting tomorrow night on a tax
rate that is unchanged. Other aspects of the budget will be discussed at the
7:00 p.m. meeting tomorrow evening.
c. :[nitiating various amendments to the Zoning Ordinance
Brian Boucher stated these proposed amendments are recommended to
solve what staff considers inadequacies in the Zoning Ordinance or as an
effort to benefit from the experiences learned through the development
process to create an ordinance that more clearly reflects the goals of Council
to provide reasonable standards and procedures to regulate land use.
Mr. Boucher stated one amendment is to make clear the code's intent
regarding extended family residences. Another consideration is the number
of children allowed by special exception for home-based daycare.
d. [nitiating various amendments to the Subdivision and Land
Development Regulations
Lee Phillips stated the recommended amendments are as follows: (1)
processing - streamline the site plan and plan review process; (2) definitions -
to clarify boundary line adjustments and subdivision definitions; and (3)
change in subdivision standard to limit the number of townhouses served by a
parking court.
Councilmember Zoldos expressed difficulty with the Land Development
Official signing off on preliminary plans should we adopt these proposed
amendments. He asked how much time would be saved by using this
process?
IVlr. Phillips stated a cluster-subdivison now requires a public hearing
before the Planning Commission and Council. Under the proposed process,
the site plan review process would be administrative. This would keep the
Planning Commission in the subdivision process but removed from site
review.
Town Council Worksession minutes for May :[0, 2004 Page 4
Councilmember Zoldos expressed objections to allowing the Land
Development Official to approve preliminary development plans and would
not like to remove the Planning Commission from this process.
Vice Mayor.lackson asked how many town homes are allowed on a cul-de-
sac (parking court)?
Mr. Phillips stated regulations currently allow 36 and they are suggesting
eliminating the cap.
Vice Mayor Jackson asked if the Planning Commission is aware of these
changes?
Mr. Phillips stated the Planning Commission is receptive to changes and
they will review at a public hearing.
Councilmember Buttery asked if there are other considerations for the
parking courts of town homes?
Mr. Phillips stated that some of the parking courts are so long that it
creates a burden for the homeowners to maintain.
Councilmember Buttery asked what would be the town's recourse if the
land development official is given authority and incorrectly approves
something?
Mr. Phillips stated he would discuss the matter with the Planning Director
and Town Attorney.
Mayor Umstattd asked if we could create a Kentlands type of development
with alleys?
Mr. Phillips stated that we could not create a public alley and get
maintenance funds from VDOT.
He added a lot of comments on these proposed Zoning Ordinance and
subdivision and land development amendments are expected from the
development community.
Mayor Umstattd stated some Planning Commissioners support the
amendments. She stated staff's position is that an administrative approval
process would allow the Planning Commission to focus on bigger picture
issues.
Councilmember Zoldos stated he would like to see the Planning
Commission's comments on these amendments.
Susan Swift stated the Planning Commission voted 5-1 to move forward
with initiating the process. The motion specifically stated they are willing to
step back from the site plan review process because these are by-right uses.
Vice Mayor Jackson stated ES:[ reviews the substance of the submission
of the plans before forwarding to the planning staff and Planning Commission.
Town Council Worksession minutes for May 10, 2004 Page
e. Making an appointment to the Tnformation Technology
Commission
Councilmember Kramer stated her recommended appointee, Kurt
Robohm, is someone she has known for many years and works in the
]:nformation Technology field.
2. Carrvale Subdivision - Permit Parking (Councilmember Zoldos)
Councilmember Zoldos stated he attended the Carrvale Subdivision
homeowners meeting where they discussed the difficulties they are having with
parking overflow from another neighborhood.
Sue Browning, representing the Carrvale homeowners, addressed Council.
Ms. Browning stated they would formally present a petition to Council tomorrow
night asking that permit parking be considered for their neighborhood.
She stated that Heritage Square has instituted permit parking, which causes
their overflow parking to park on Appletree Drive and Cherry Lane. She cited the
presence of loitering and drug dealing moving into their neighborhood.
Ms. Browning stated the parking problem is more evident between 11 p.m.
and 6 a.m. when Heritage Square restricts their parking, She stated the character
of the neighborhood has changed and adversely affected their property values.
She asked Council to consider amending the Town Code to allow permit
parking in their neighborhood between the hours of 10 p.m. and 6 a.m.
Vice Mayor Jackson stated consideration will be needed for residents'
overnight visitors,
Ms. Browning stated they would be requesting two visitors' passes per
property owner, per year,
Councilmember Zoldos recommended proceeding with a code amendment to
allow permit parking in this neighborhood and giving the police department the tools
for enforcement.
3. Noise Ordinance amendments - Councilmember Kramer
Councilmember Kramer discussed the issue of noise in the town and
addressed current ordinances to provide the police department the authority to
enforce the ordinance. After bringing forward and considering the ordinances used
in other localities, we have a good basis of decibel information if Council desires we
can return with more information on amending the code. She stated Brian Boucher
said the current Town Code provisions are related to nuisance and not a decibel
based noise ordinance.
Councilmember Kramer stated this would work better for the police to move
past these issues and define a noise ordinance.
Mayor Umstattd stated that enforcement is a problem.
Brian Boucher stated there is a wide variety of enforcement in other
jurisdictions. Further, a decibel-based code would be required to enforce.
Town Council Worksession minutes for May 10, 2004 Page 6
Town Attorney Bill Donnelly stated a decibel-based code would require
calibrated decibel meters and staff training.
Chief of Police Joe Price stated in the past the Commonwealth's Attorney
would not prosecute, as Leesburg's code is too vague. He added he has asked the
new Commonwealth's Attorney for his opinion. Further, he stated noise meters
would provide us with proof positive that a violation exists. He stated that as the
town grows it should look at more specific enforcement by the zoning enforcement
division.
Mr. Donnelly added the Virginia Supreme Court upheld specific language in
our Town Code, but enabling legislation would be required to make the enforcement
effective.
The Mayor questioned what is used as the current prohibition for disturbing
the peace.
Joe Price said they use the State Code.
Sandy Kane spoke on behalf of the Environmental Advisory Commission
favoring a code amendment that is decibel-based and addresses quality of life issues.
Bill Donnelly stated Virginia citizens could prosecute violations under the
existing ordinance.
4. Proposed Virginia Dominion Power line along the W&OD Trail
Mayor Umstattd stated this item was inadvertently placed on tonight's
agenda. Tt will be discussed at tomorrow night's Council meeting.
Western Transportation Corridor
Nick Colonna discussed the proposed comprehensive plan amendment to
amend the Loudoun County Countywide Transportation Plan to restore/reinstate the
Western Transportation Corridor on the plan.
He stated the alignment concept was formalized in the 1990 Washington
Bypass Study and consisted of a 4,000-foot wide, north-south corridor approximately
17 miles in length within Loudoun County. The corridor approaches the Leesburg
Executive Airport from the south and runs along the town's eastern border to the
Potomac River.
Mr. Colonna stated the town's major issues are as follows: (1) previous
studies are either outdated or based on competing objectives, (2) the studies were
based on the corridor being a bypass for Interstate 95 and to have improved access
to Dulles International Airport, (3) if the road is to remain a bypass it should avoid
the level of urban development that has occurred in the Dulles Airport region, (4)
increased traffic would not likely improve access to Dulles airport, access should be
closer to the airport; and (5) the current bypass proposal would terminate on Route
7 and add significant traffic pressures to local roads and neighborhoods.
Councilmember Zoldos commented that before the midpoint of the 21st
Loudoun County will have half-million residents, twice the current population.
Town Council Worksession minutes for May 10, 2004 Page ?
We need to look at every transportation option to make the county and town livable
for our children. The current corridor studies underestimate the need for such a
corridor. He added federal law requires a beginning and termination point for a
study. The opposition is to Rt. 7 as a termination point.
He stated if we don't protect the Western Transportation Corridor as far as
the right-of-way, there would never be another bridge crossing.
Councilmember Buttery verified the proposed Western Transportation Corridor
location is west of the water plant and the park.
He asked what Prince William County is doing in relation to the proposal?
Mr. Colonna stated they are non-supportive of the corridor, but it is still in the
Northern Virginia 2020 Plan.
Mayor Umstattd stated Loudoun County Supervisor Staton's opinion is that
the Board of Supervisors would support putting the corridor back on the map as long
as it crosses the Potomac River. The County's preferred alignment would most likely
be the power line alignment east of Goose Creek.
The Mayor asked Mr. Colonna to present this item at tomorrow's Council
meeting.
Recognition of H.O,P.E. Logo
This item was deferred to the next Council worksession.
6. Sycolin Road Turn Lanes Project
Nagi Elsewaissi recommended that Council award the construction contract
for the Sycolin Road turn lanes project to Omni Excavators, Inc. in the amount of
$260,539.55.
He stated traffic studies indicate construction of a left turn lane was
warranted at this time, but temporary turn lanes are needed to increase safety until
the ultimate section of Sycolin Road is constructed.
Mayor Umstattd asked what the budget impact of this project would be?
Mr. Elsewaissi stated funding would come from the Loudoun County Gas Tax
monies allocated to the Sycolin Road Widening Project.
was the consensus of Council to move forward with this project.
Preview items for May 24, 2004 work session
a. ZOAM-0004-0001 - H-1 District Expansion & TLZM-2004-0004 -
Zoning District Map Amendment (Paxton Property) - 3oint Public
Hearing with Planning Commission
Bob Noe advised Council that staff is not ready to make a presentation
tonight.
Town Council Worksession minutes for May 10, 2004 Page 8
b. Preselected equipment procurement
There was no discussion on this item
c. Water and Sewer Service - Peterson Tract
There was no discussion on this item.
d. Change Order for GTS Tmplementation
There was no discussion on this item.
8. New Business
Councilmember Zoldos asked if the Loudoun Motor Sports performance bond
was released today?
Susan Swift stated the Planning Department has signed off.
Councilmember Buttery advised he would be appointing .lewell Emswiller to
the Planning Commission tomorrow night to fill the unexpired term of Robert Dube
who is moving to Florida.
Councilmember Zoldos stated he would be making an appointment to the
Planning Commission at the second meeting in May to fill the term of John David
Kennedy.
The meeting adjourned at 9:10 p.m.
erk of Council
2004_tcwsminO$10