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.
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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.
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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
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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.
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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:
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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
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