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HomeMy Public PortalAbout2006_04_24 Council Work Session April 24, 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, Chief of Police Joe Price, Director of Capital Projects Management Nagi Elsewaissi, Director of Engineering and Public Works Tom Mason, Director of Finance Norm Butts, Director of Parks and Recreation Kaj Dentler, Management/Budget Officer Mike Freda, Chief of Comprehensive Planning David Fuller, Chief of Current Planning Lee Phillips, Zoning Administrator Brian Boucher, Management Specialist Tami Watkins, and Deputy Clerk of Council Debi Parry. AGENDA ITEMS Community Support Team Recognition On a motion by Vice Mayor Martinez, seconded by Councilmember Hammier, and approved by a 6-0-1 vote, Kramer absent; the Town Council recognized the members of the Leesburg Community Support Team by presenting them with the following Proclamation: PROCLAMA TION NA TIONAL VOLUNTEER WEEK Aoril 23-29, 2006 WHEREAS, National Volunteer Week began in 1974 when President Richard Nixon signed an executive order establishing the week as an annual celebration of volunteering. Since then, every U.S. President has signed a proclamation promoting National Volunteer Week; and WHEREAS, this year the sponsoring agency, The National Points of Lights Foundation has declared April 23rd to April 29th to be National Volunteer week; and WHEREAS, The Leesburg Police Citizens Support Team is celebrating its 10th year of dedicated volunteer service to the citizens of Leesburg; and WHEREAS, the members of the Leesburg Police Citizens Support Team volunteered over 8,000 man hours of service in 2005 saving the town taxpayers over $144,000 dollars; and WHEREAS, the Leesburg community is very grateful for the volunteer contributions of the Leesburg Police Citizens Support Team and recognize their importance in keeping our community safe; THEREFORE, the Mayor and Council of the Town of Leesburg wish to honor and to thank the members of the Leesburg Police Citizens Support Team for ten years of dedicated service to our community and to proclaim April 23-29, 2006 as National Volunteer Week and urge all our fellow citizens to volunteer and help "light the way" in our community. Town Council Meeting of ADril 24. 2006 Page 2 PASSED this 24th day of ADril 2006. Council Meeting of April 25, 2006 a. Approval of setting the tax rate, budget, CIP and establishing a revenue stabilization reserve. Councilmember Hammier asked that staff look into a way to amortize or defer some of the salary increases to work towards an equalized rate. b. Initiating a comprehensive amendment to the Leesburg Zoning Ordinance and initiating amendments to the Subdivision and Land Development Regulations to incorporate mandatory provisions of Section 15.2-2241 of the State Code, consider incorporating some optional provisions of Section 15.2-2242 of the State Code, and incorporate appropriate provisions that reflect the purposes and intent of the 2005 Town Plan. Barbara Beach provided a brief overview of State Code Sections 15.2 2241 and 15.2-2242. Mayor Umstattd outlined the proposed amendments to the Zoning Ordinance and Subdivision and Land Development Regulations. c. Approving a supplemental appropriation of $75,000 for replacement of faulty heating, ventilation, and air conditioning HVAC equipment. Mike Freda stated the Ida Lee revenue projections have been recalculated and there will be enough in revenue to cover this supplemental appropriation. Councilmember Zoldos verified the HVAC equipment is in the old part of the building. Councilmember Horne verified the work would be completed before summer. d. consideration of setting a date for the Board of Architectural Review appeal - Commerce Bank/Leesburg Plaza. Barbara Beach stated the decision of the Board of Architectural review is stayed pending the outcome of this appeal and the special exception is also before the Planning Commission who can not take action until the appeal is resolved. She stated staff recommends the appeal be set for May 9. For consideration and discussion: 1. Dennis property tree remediation background and update. Bob Sevila, attorney for Renee Dennis, showed pictures of the property taken between 2004 and January 2006 to show the damage to the trees on the Dennis Property caused by the grading of the Edwards Landing development and a fire. He stated the result of these activities is the deforestation of a two-acre area which was proffered by Mr. Dennis as a tree preservation area. Councilmember Burk asked how the fire was started. Mr. Sevila stated the fire was accidentally started by a contractor working in Edwards Landing. He stated the authorities suspect that fallen trees from the grading served as kindling for the fire. Further, he stated in exchange for some site Town Council Meetinq of April 24. 2006 Page 3 plan modifications the Town consented to expand this area of the development, which is why it abutted Mr. Dennis' property and the conservation trail easement that he granted to Loudoun County. Mr. Sevila showed numerous pictures of the dead or dying trees which were planted by a contractor for Edwards Landing on Mr. Dennis's property in 2004. He stated Edwards Landing posted a $100,000 bond for the replacement of the trees damaged during grading and clean up of the dead trees Mayor Umstattd verified the contractor who planted the trees was hired by US Homes. Vice Mayor Martinez asked if a landscaping plan must be submitted when these types of plantings are done. Mr. Brian Boucher stated if a plan had been submitted our Town Arborist would have informed the contractor that the Austrian Pine should not be used because of possible beetle infestation. Vice Mayor Martinez verified staff had no input in these plantings. Mr. Sevila stated in a letter from Mr. Sabourin, attorney for US Homes to Barbara Beach implies that Mr. Dennis had approved the use of Austrian Pines; however, he does not recall being asked about the trees and had requested that a native species be planted. Councilmember Zoldos asked if it is possible that Loudoun County may have approved the use of the Austrian Pines as the property is located outside the Town limits. Ms. Beach stated Mr. Malone from Loudoun County stated he did not recommend that species of trees. There was further discussion regarding removal of the dead tress and planting of the new trees. John Sabourin, Attorney for Edwards Landing, LLC, stated the April 15, 2004 agreement signed by Brian Boucher and U.S. Homes talks of replanting the damaged trees on Mr. Dennis's property with those of a similar nature and does acknowledge the wind storm as an act of God which caused some of the damage. He stated on April 19 there was a fire on this property which changed the situation and there was a meeting of the involved parties on April 21 after which was decided by the parties to wait until September to plant the trees. Further, he stated he has spoken with the landscaper who planted these trees to ensure that nothing improper was noted at the time of the planting. Mr. Sabourin stated his client met the requirements of this agreement; however, they have agreed to replace the dead trees and have received an estimate of $27,000 to replace the trees. Further, he stated the U.S. Homes representative, and the landscaper both stated that Mr. Dennis and Mr. Banks agreed to the species of trees that were planted in 2004. Town Council Meeting of April 24. 2006 Paqe 4 Vice Mayor Martinez asked if Ms. Beach had been able to confirm the information in Mr. Sabourin's letter. Ms. Beach stated Mr. Sabourin's information is contrary to what was provided by the Loudoun County Arborist, Town staff, Mr. Dennis and Mr. Sevila. Mr. Boucher stated Jay Banks has stated that he did not approve the trees that were planted and was not included in any discussions after June of 2004. Mr. Renee Dennis stated his recollections also do not correspond with the information included in Mr. Sabourin's letter as he did not approve of the clean-up nor did he approve the type of tree to be planted. He stated the trees planted on his property were not Austrian Pines, rather they are White Pines. Further, he stated U.S. Homes has failed to recognize that he has gone out of his way to invite public access on his property and has forfeited millions of dollars with this trail and tree save area for the benefit of the community. Councilmember Burk stated the developer has agreed to do a second replanting. Mr. Dennis stated that would be his second choice. He stated U.S. homes has continually wasted his time and has not produced results therefore he would rather not deal with them. There was further discussion regarding the cost of the improvements. Ms. Beach stated U.S. Homes has not been responsive and has continually refused to cooperate. Council members Burk and Horne expressed their continued frustration with Lennar and U.S. Homes. There was additional Council discussion regarding the set backs and grading and their effect on the tree save area. Councilmember Hammier verified that staff feels the trees planted by U.S. Homes on Mr. Dennis's property are Austrian Pines. Mr. Dennis stated he spoke with the contractor who planted the trees and was told the trees were White Pines, not Austrian Pines. Councilmember Hammier asked Mr. Sabourin to address the discrepancy between his estimate of $27,000 and the estimate Mr. Dennis received of $87,000. Mr. Sabourin stated he was provided a copy of the estimate Mr. Dennis received; however, he has not had time to compare it with the estimate he procured. He stated he did visit the site and the pictures provided did not accurately portray the state of the trees planted by the contractor for U.S. Homes. Mayor Umstattd stated after listening to tonight's testimony it is her belief that Mr. Sabourin's client and the contractor are incorrect in stating that Mr. Banks approved the planting of Austrian Pines on Mr. Dennis's property. Mayor Umstattd verified staff feels that pulling the bond is the best way to proceed in this matter Town Council Meetinq of April 24. 2006 Paqe 5 unless the parties are able to resolve the issue and leave the community with the forested area it was promised. Vice Mayor Martinez stated he appreciates Mr. Dennis's efforts to save trees. It was the consensus of Council to vote on this issue tomorrow if the parties can not reach an agreement. 2. Edwards Landing Update. Mayor Umstattd stated Mr. Tom Knopp is here representing the Edwards Landing Homeowners Association. Mr. Mason stated Sections 2A and 2B have been completed. He stated the remaining deadlines apply to Battlefield Parkway, Phase 2 and Sections 1 and 4. Further, he stated the installation of the streetlights in Section 4 will begin in May. Councilmember Horne verified all deadlines should be met. Tom Knopp, Edwards Landing HOA, stated they have been working with Lennar and all work seems to be proceeding on schedule. Pam Gottfried, Dominion Virginia Power, stated Section 4 consists of 11 lights and construction is expected to begin next week and be completed by May 15. She stated the materials have been ordered and the construction manager has been notified that this is a high priority project. Councilmember Zoldos thanked Ms. Gottfried for her efforts. Councilmember Hammier thanked Ms. Gottfried for her efforts and asked if the bond would be pulled if the deadline is not met. Mr. Wells stated we would want to consult with staff regarding the reason the deadline was not met before pulling the bond; however, he has every confidence that all remaining deadlines will be met. For information only: The Town Council work session of May 8, 2006: a. Special Exception TLSE-2006-0002 Dale Lumber Company - Public Hearing There was no discussion of this item. b. Rezoning Application TLZM 2005-0004 Leesburg Sport and Health Club/Wolf Furniture Zoning Map Amendment with Concept Plan and Proffers - Public Hearing There was no discussion of this item. New Business: a. Strategic Annexation Discussions Councilmember Hammier stated in her discussions with Ms. Beach it was stated that Council would be well served by having a resolution stating our intentions for strategic annexation given we've done a number of resolutions Town Council Meetinq of April 24. 2006 Paqe 6 on boundary line adjustments. She asked that an item be placed on the agenda for Council to direct the Planning Commission to come back to Council with a recommendation outlining the areas they would recommend for a resolution to be very clear on our strategic intentions towards annexation. Mayor Umstattd stated that will open the whole question of do you want to come to a conclusion on that without an in-depth study of the financial implications or the implications for water and sewer service. She stated the last time annexation came up as a major issue before a previous Council there was a fairly thorough consultants study. Further, she stated you'll be operating in a vacuum if you don't have adequate financial data. Councilmember Hammier stated we need to have it on an agenda because we have enough information to put forward a framework. She stated we are currently working in a piecemeal fashion and we would be much better served to begin designating the strategic area based on the work that has already been done by the Planning Commission with their JLMA meetings and other things. Further, she concurs that we need the financial information; however, it will take so long to get the economic impact model in place that clearly we need to get this framework in place. Mayor Umstattd stated Council would bring this issue up tomorrow night. b. SE/SW Trail Committee Councilmember Horne asked that the SE/SW Trail Task Force appointments be added to the agenda for tomorrow night. c. Historic District Utilities Councilmember Horne stated she would also like staff to keep Council and the residents informed on the status of the report on undergrounding utilities in the Historic District. d. Blake Landscaping Councilmember Burk stated Blake Landscaping has donated a number of trees to Ida Lee and asked that a Certificate of Appreciation be presented to them at the May 9 meeting. Adjournment On a motion by Councilmember Burk, seconded by Councilmember Hammier, the meeting adjourned at 9:24 pm. 2006_tcmin0424