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HomeMy Public PortalAbout2006_03_13 Council Work Session March 13, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Bob Zoldos and Mayor Kristen Umstattd Councilmembers Absent: Melinda Kramer Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, 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 Capital Projects Management Nagi Elsewaissi, Tourism Coordinator Marantha Edwards, Management Specialist Tami Watkins, Deputy Town Attorney Heather Biddluph, and Clerk of Council Judy Ahalt. AGENDA ITEMS Council Meeting of March 14, 2006 a. Requesting the Virginia Department of Transportation to accept certain streets. Tom Mason outlined the Town streets that are ready to be turned over from the developer. He stated the Town will then be eligible to receive funding from the Virginia Department of Transportation (VDOT). Mr. Mason stated the additional 11 lane miles will result in an additional payment of $2,199,000 per year from VDOT. These additional lane miles will result in a total of 225 miles. Councilmember Hammier clarified the Town spends approximately 20% more than we receive from VDOT to maintain the streets. She asked if any of the street maintenance funds are in jeopardy in the state transportation funding. Mr. Mason stated he has no new information regarding funding. b. Donation of surplus police vehicles to the Citizens Support Team Chief of Police Joe Price stated this surplus vehicle will be used by the Leesburg Police Citizens Support Team (LPCST) and will replace a previously donated vehicle. Councjlmember Burk verified this vehicle will make a total of three vehicles in use by the LPCST. C. Approving a supplemental appropriation of insurance fund reimbursements from damaged vehicles to pay for replacement and repair of vehicles. John Wells stated the Town receives insurance fund reimbursements for damage to Town vehicles which are part of the General and Utilities Fund. Town Council Meeting of March B. 2006 Page 2 Therefore the Town needs to appropriate funds in order to pay for the replacement and repair of vehicles. This will require a supplemental appropriation in the amount of $53,015. Vice Mayor Martinez verified that some of these repairs resulted in damage by snow plows. Councilmember Horne verified there is no significant difference from last years claims. Councilmember Hammier asked staff to provide numbers on what deductibles have been paid by the Town. d. Awarding a construction contract to Fru-Con Construction Corporation of Woodbridge, VA in the amount of $16,047,000 for the upgrade and expansion of the Kenneth B. Rollins Water Filtration Plant Nagi Elsewaissi stated this expansion of the Water Filtration Plant as a capital project consists of upgrading or expanding plant processes to increase the treatment plant's current capacity. This project is needed to keep current with the Town's projected population growth as well as to comply with increasing federal and state drinking water regulations. Council member Horne clarified the need for the expansion is a result of EPA regulations. Councilmember Zoldos stated much of the new building will be used for housing chemicals. Councilmember Hammier clarified this expansion takes into consideration the projected population in the Leesburg service area to 2020. e. Rescinding Resolution 2001-34 and establishing an underground utility distribution area and underground utility distribution corridors Nagi Elsewaissi stated the new plan will encompass the entire H-l District. Further agreements need to be established or revised with utility providers in order to support the proposed amended resolution with the least cost burden to the Town. He stated a resolution is attached which will initiate this project to designate the Underground Utility Distribution Area, designate Underground Utility Distribution Corridors, provide cost estimates for the major street improvements within the designated areas, and initiate or amend the utility franchises. Councilmember Burk commended Councilmember Horne for initiation of this project. Councilmember Horne stated this policy allows us to underground what will be constructed in the Crescent District. Town Council Meeting of March B. 2006 Page 3 Councilmember Zoldos verified new construction in the H-1 District and the Overlay Corridors will be affected. Tom Mason stated there is a Town Code section that requires underground distribution and service connection facilities in the Town. Town Attorney Beach stated rezonings could include proffers for underground utilities. Councilmember Zoldos stated Council should be careful not to give up anything regarding franchises that we already have on the books. Mr. Elsewassi advised Council that small projects for underground utilities may not be related to a capital project. Councilmember Zoldos stated the Town does bear some of the burden to underground utilities. Councilmember Hammier discussed whether the $50,000 study requires Council action. f. Authorizing a supplemental agreement to the July 1992 Implementation Agreement between the Toll Road Investors Partnership II, L.P. (TRIP II) and the Town for the Dulles Greenway Expansion and a reimbursement agreement for the cost of a traffic signal at Evergreen Mill Road and Battlefield Parkway. John Wells stated this supplemental agreement lays out the basic responsibility of the Town to fund a traffic light at Battlefield Parkway and Evergreen Mill Road. He stated the Greenway would be responsible for the redesign of the Mason's Lane area where Battlefield Parkway would intersect along with a traffic signal closer to the actual intersection of the Greenway as well as construction of two lanes of Battlefield Parkway. He stated Liz Whiting will be available at tomorrow night's meeting to further discuss this item. Councilmember Zoldos asked why the traffic signal was so expensive. Mr. Wells stated the last two signals were $125,000 and $150,000. However, $247,000 was the lowest bid received. For consideration and discussion: 1. Edwards Landing bond issues Dennis Nolan stated they had a productive meeting with the Town and Cable Commission last week and are now back to some common ground on the issue of Gatehouse. He stated the expectations for the homeowners; Lennar and the Town are different, as the homeowners did not understand there was more than one punch list. Town Council Meetinq of March 13. 2006 Page 4 Mr. Nolan outlined the following issues that need to be addressed: (1) comprehensive review of landscaping in consult with the Town arborist, (2) erosion on backside of the berm; and (3) contact Dominion Virginia Power to get all lights installed on Battlefield Parkway. Further, Mr. Nolan stated the project management has not been good on this site and the Town should be more involved in pre-inspections. Mayor Umstattd asked if anyone knows for certain whether there is eight feet of dirt over the underground lines. Tom Dean from Lennar stated he has talked with Dominion Virginia Power and will meet at the site to resolve this issue with Dominion Virginia Power. Tom Mason stated the dates Council adopted are the final deadlines at which the developer will be in default. Councilmember Burk asked that Dominion Virginia Power be at the next Council work session and provide continued reports thereafter. Councilmember Horne stated we need to evaluate what lessons we have learned from this project. Mr. Mason stated the Mayor has sent letters to DVP regarding this and another development, but it does not seem to inspire them. Councilmember Horne stated this is a developer/Town issue and everyone involved is not stepping up to a level of professionalism. Mr. Mason clarified there are three different deadlines: (1) Section 3, Wood hedge Drive and Recreation Center - March 31; (2) Phase 2A and 2B - April 21; and Section 1, Phase 4 and Battlefield Parkway, Phase 2 - May 19. He added the time frames are controlled by a third party (Dominion Virginia Power). Further, it took over a year to get an estimate of work from them for Section 2. Mr. Nolan stated Mr. Mason related to him the Town is reluctant to claim default in pieces. Although it is bonded separately, the expectation is that the bond release or reduction would be one date. Councilmember Horne asked for a report on lessons learned from this development. Councilmember Zoldos stated the need to resolve how deep the conduit is buried. He asked staff to do what ever it takes to get things done, even if we have to call our state representatives to contact DVP. Mr. Wells stated he will work through Pam Gottfried at Dominion Virginia Power. Ms. Beach suggested we put the burden back on the developer. The Town and citizens should not be held hostage by developer liability. Town Council Meeting of March 13. 2006 Page 5 The Mayor stated the homeowners should be provided a better explanation of the fine print. Since DVP doesn't care what we think, it is a good idea to get legislators involved. Further, she suggested sending letters to other jurisdictions to see if they are experiencing the same problem. Ms. Beach stated she would send the questions to the local government listserv . Vice Mayor Martinez stated there is a problem with noise from open garage doors at Costco and part of the fencing is torn down. Tom Mason stated he would follow up. Vice Mayor Martinez verified the Gatehouse/Lennar issue should be resolved by the HOA. Further, he asked whether the pool house is zoned for the Gatehouse office. 2. Leesburg's 250th Anniversary Celebration Task Force Marantha Edwards recommended that Council authorize the creation of a Citizens Task Force to work with staff on the planning and implementation of Leesburg's 250th Anniversary. She suggested a celebration different than the 400th Anniversary of the Founding of Jamestown in 2007. Councilmember Burk questioned whether Council could submit names. Council member Zoldos suggested limiting the committee to nine members. Mayor Umstattd suggested the Native American element be included. For information only: Preview Items for March 27, 2006 work session a. TLSE-2005-0007 Loudoun Country Day School to permit a time extension for use of modular classroom buildings at 237 Fairview Street - Public Hearing Brian Boucher stated if the sunset clause is removed from this special exception, the use will become permanent. However, if Loudoun Country Day School sells the property and another school locates at the site, they would have to come back for another special exception. Mayor Umstattd stated the language that got through the Planning Commission has a loop hole that would permit Loudoun Country Day School to continue to own the property but lease to another entity and the trailers could remain. She asked staff to eliminate that loop hole. b. Zoning Ordinance Amendment - Signs in the Historic District - Public Hearing Councilmember Burk stated she is looking forward to approval of this amendment as the Board of Architectural Review is currently overwhelmed with sign applications that can be approved administratively. Town Council Meeting of March B. 2006 Paqe 6 New Business: Barbara Beach introduced the new Deputy Town Attorney, Heather Biddulph, stating she is a graduate of Boston University Law School. She has already started working on a brief for Centex and went on a Virginia Power tour of the proposed power lines. Ms. Biddulph lives in Arlington and will be relocating to Leesburg in the summer. Closed Session On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the following motion was proposed. Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town council convene in a closed meeting for discussion of a legal matter involving Dominion Virginia Power. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Kramer and Mayor Umstattd Nay: None Vote: 6-0-1 (Kramer absent) Councilmember Horne verified the Dominion Virginia Power issue regards the alignment strategy. Council convened in closed session at 8:50 p.m. Council reconvened at 9: 16 p.m. and on a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the following motion was proposed: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only legal matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 6-0-1 (Kramer absent) On a motion by Councilmember Zoldos, seconded by Vice Mayor Martinez, the meeting adjourned at 9:17 p.m. 2006_tcmin0313 . a tad-