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HomeMy Public PortalAbout2006_06_26 Council Work Session June 26, 2006 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Susan Horne, Marty Martinez, Bob Zoldos and Mayor Kristen Umstattd Councilmembers Absent: Melinda Kramer and Kathryn Sheldon Hammier 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 Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Susan Swift, Airport Director Tim Deike, Deputy Director of Utilities Aref Etemadi, Director of Economic Development Betsy Fields, Deputy Director of Capital Projects Management Renee LaFollette, Preservation Planner Annie McDonald, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt. AGENDA ITEMS Council Meeting of June 27, 2006 a. Approving the Crescent District Master Plan Susan Swift stated two more amendments are proposed based on Council comments. One amendment is on eminent domain and the other is regarding revision of cross-sections per engineering staff comments for gutter pans. Council member Horne verified the open space has been expanded from 12 acres to 15 acres. Council-elect Ken Reid stated he testified at the March public hearing and enthusiastically supported the plan. At that hearing he expressed concerns with the volume of north/south traffic on King Street and suggested another north/south route. Further, he discussed the need for an extension of the Greenway to Catoctin Circle to allow access to the Crescent District. He suggested the transportation portion of the plan be taken off to allow for some modeling. With regard to the proposed Fairfax Connector he suggested a bridge over the W&OD Trail. b. Verizon Franchise Agreement - Public Hearing Tami Watkins stated the agenda includes an ordinance which will allow for a vote on the franchise tomorrow night. She stated the proposed franchise is a 15-year nonexclusive franchise which includes: (1) 1.7% of gross revenues for PEG/Institutional Network, plus $10,000 upfront; (2) 5% Franchise Fee; (3) Public, Educational, and Government access programming; (4) customer service standards and liquidated damages; and (5) quarterly reporting to the Leesburg Cable Commission. In addition, the Verizon franchise contains a provision, that Verizon will pay to the Town $15,000 to settle all remaining legal expenses for the negotiation of the cable franchise. Town Council Work Session Meetinq of June 26. 2006 Paqe 2 She stated the Verizon service area will include the entire Town of Leesburg. Ms. Watkins stated Adelphia has argued the "level playing field obligation", Further, certain provisions of the Adelphia franchise are no longer negotiable after July 1, 2006, such as a local office, senior discounts, a local emergency alert systems, and PEG interconnection. She stated the Cable Television Advisory Commission has recommended approval of the franchise subject to: (1) amendment of the list of free service to municipal sites, (2) payment of full legal fees in accordance with the Town ordinance, (3) a $10,000 contribution to PEG access programming, (4) amendment of the document in accordance with outside counsel's recommendation, and (5) clarification of Emergency Alert System language. Council member Burk commended Ms. Watkins and Ms. Catherine Lewis for their hard work on this franchise agreement. Council member Horne thanked staff for the excellent report. Councilmember Zoldos verified the minimum service package from Verizon is $12.95 and that fiber optic lines to the premises will be used. c. Appeal of BAR Case TLHP-200S-144 Best Western Annie McDonald advised Council she is not introducing new information on this case. She stated that since BAR Chairman, Teresa Minchew, could not be at tonight's meeting she has sent a letter for Council to consider in lieu of her spoken comments on the matter. Barbara Beach added the appeal by the applicant will be heard tomorrow night. Mayor Umstattd stated she will allow the applicant to speak tonight. Councilmember Burk verified there are four to five colors on the way finding directional signs. Keith Stevens, the applicant, stated Best Western would like a five-color sign. He stated the fifth color on their sign is a red squiggly crown that is carried over from the old Best Western color. Additionally, the fifth color is not visible at night. Mayor Umstattd stated major companies have been refused by the BAR and overturned by Council. d. Establishing Edwards Ferry Road curb return radii standards Nagi Elsewaissi stated staff recommends using the currently proposed curb return radii for safe intersections on Edwards Ferry Road at Catoctin Circle, Prince Street and Washington Street. Mayor Umstattd stated a 12-foot radii would work best for the intersection at Queen Street and Edwards Ferry Road. Town Council Work Session Meetinq of June 26. 2006 Paqe 3 Councilmember Horne asked how large trucks and school buses would be able to use streets with 12-foot radii. Mr. Elsewaissi stated they will have to adjust their routes. Councilmember Zoldos stated he favors following the 1994 resolution and supports the 12-foot radii. He asked if one-way traffic on Queen Street was the task force's or the Town's recommendation. Peter Commanduras. 508 Edwards Ferry Road, asked Council to use the 1994 resolution and keep the intersections as they are. Larr Kellv stated once the streets are open there should be a thru-truck restriction on Edwards Ferry Road. He added he is not in favor of widening Prince Street at Edwards Ferry Road. Liz Perro stated the smaller curb radii should be followed throughout Lowenbach. Mayor Umstattd asked staff to provide a resolution to preserve the 12-foot radii. e. Approval of Master Plan Update alternative for the Leesburg Executive Airport Tim Deike outlined the Master plan update alternative for the Leesburg Executive Airport. He stated on September 13, 2005 Council adopted an alternative Airport Layout Plan No. 5B. This plan entailed the relocation of the parallel taxiway 137 feet to the east. This relocation would cause the removal of all hangers north of the airport terminal and the first row of tie-downs resulting in the loss of over 52 percent of the current based aircraft. He added given the current plans for an Instrument Landing System installation and its requirements, the FAA, Airport Commission and Campbell & Paris, the consulting firm hired to update the Airport Master Plan, have concluded the relocation of the taxiway is no longer needed. This represents an enormous cost savings to the Town of Leesburg of $364,800 not including the cost of constructing the new taxiway or the deconstruction cost of the old taxiway. Further, the Airport Commission and the Director agree this Airport Layout Plan Alterternative. For consideration and discussion: 1. Mosquito Control Plan in response to West Nile Virus Aref Etemadi outlined the mosquito control plan in place to eliminate the threat of West Nile Virus in all Town owned areas susceptible to mosquito control. He asked Council to authorize staff to continue with the mosquito control plan. Mayor Umstattd verified funds are budgeted for this project. 2. Update on Major Projects a. Villages at Leesburg Town Council Work Session Meetinq of June 26. 2006 Paqe 4 Planning Director Susan Swift reported the first submission has been received and is under review for the Floodplain Study/Floodplain Alteration, Russell Branch Parkway East and West, and Wegmans. The Route 7/River Creek Parkway Interchange first submission of the preliminary/final development plan is currently under review and a new revised application with redesigned noise walls will be submitted to the BAR later this month or in July. Councilmember Horne verified the noise wall revisions are for the walls on the north side where the residences are located. Councilmember Burk clarified the applicant is asking for floodplain alterations so they can build in that area. Councilmember Zoldos expressed concern with the time frame for construction to begin on the interchange. Ms. Swift stated the plan was received on June 2 and VDOT has not given their final approval. Also, Councilmember Zoldos asked for an update on the Uniwest project and the status of the Battlefield Parkway segment. Council-elect Reid expressed concerns with the Battlefield Parkway interchange and asked for more regular updates. b. Harrison Park Ms. Swift stated no formal application has been submitted for site plans, road improvements or floodplain studies. However, they have supplied the BAR with preliminary information. Council-elect Reid asked the status of the Park and Ride Lot on Harrison Street, c. Oaklawn Ms. Swift stated the Townhouse Preliminary Subdivision Plat, Multi- family Preliminary Subdivision Plat, Commercial Preliminary Subdivision Plat, Floodplain Study/Floodplain Alternation, Sycolin Road Phase I Improvements, and Phase I Public Improvements have been approved. Currently under review are Section 1 Townhouses, Section 2 Townhouses, Section 3 Multifamily, Land Bay D, MUC 5 Commercial Development, MUC 5 Day Care, and Concept Plan and Proffer Amendment. Further, the Architectural Elevations have been approved by the Board of Architectural Review. d. Cornwall Medical Building Ms. Swift stated discussions are ongoing regarding overland relief and the connection to Ayr Street. Council member Burk asked if we are reducing the number of submissions. Town Council Work Session Meetinq of June 26. 2006 Paqe 5 Ms. Swift stated this project started before the new provisions were in place. Tom Mason stated he was in a meeting today with representatives of the Cornwall Medical Center and they plan to schedule a meeting with the Mayor and Town Manager. e. Sycolin Road Phase I Ms, Swift stated this $7.2 million intersection improvement capital project has begun construction and is expected to be completed by Autumn 2007. f. Ft. Evans Road Ms. Swift reported this $3.4 million project is well underway. It will prevent flooding of residential properties and the Plaza Street Shell Gas Station and provide an 8-foot multi-use asphalt trail on the residential side and a concrete sidewalk on the opposite side. Construction completion is expected in the spring of 2007. g. Loudoun Street Ms. Swift setback requirements need to be modified in the Zoning Ordinance to provide the opportunity for maximum use of the site. On July 20 the Planning Commission will have a public hearing on the modification of setback requirements. 3. Adopting Public-Private Transportation Act of 1995 (as amended) (PPTA) implementation guidelines for the Town of Leesburg, Virginia Tom Mason stated localities need to adopt guidelines as to accepting solicited or unsolicited proposals for this type of transportation improvement process. We will look at the state guidelines and modify to a form suitable to the Town and will bring the guidelines back to Council for approval at a later date. John Wells stated initially this process was reactivated to promote the completion of the extension of Battlefield Parkway over the Rehau property. He added there is a second process or change in the State Legislation, effective July 1, which will allow the Town to enter into a road building agreement with a developer who has made a proffer. Rather than thru a using a PPTA, the new legislation would allow the Town to move forward more quickly to facilitate road building with a developer. Council member Zoldos verified the Uniwest project is utilizing a sole-source agreement. Mayor Umstattd commented that a PPTA process can be very cumbersome. For information only: The Town Council work session of July 10, 2006: a. Revised Development Review Fees There was no discussion on this item. b. Request to acquire Town property There was no discussion on this item. Closed Meeting: On a motion Councilmember Burk, seconded by Councilmember Zoldos, the following closed meeting motion was proposed: Town Council Work Session Meetinq of June 26. 2006 Paqe 6 Pursuant to Section 2.2-3711(A)(3) and Section 2.23711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for and discussion of the acquisition of private property, specifically the Atwell property on Evergreen Mill Road and for discussion of a legal matter involving Dominion Virginia Power. The motion was approved by the following vote: Aye: Burk, Horne, Martinez, Zoldos and Mayor Umstattd Nay: None Vote: 5-0-2 (Kramer and Hammier absent) Town Attorney Barbara Beach advised that no action would be taken after the closed meeting, Council convened in a closed session at 8:56 p.m. Council convened in open session at On a motion made by motion was made: , seconded by , the following 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 by Council. The motion was approved by the following vote: Aye: Nay: None Vote: 5-0-2 (Kramer and Hammier absent). The meeting adjourned at 2006_tcwsmin0626