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
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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
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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
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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.
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