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HomeMy Public PortalAbout2004_07_26Council Work Session 3uly 26, 2004 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Horne, Melinda Kramer, Marty Martinez, and Mayor Umstattd. Councilmembers Absent: Bob Zoldos. Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly, 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, Director of Economic Development Betsy Fields, Director of the Office of Capital Projects Nagi Elsewaissi, Zoning Administrator Brian Boucher, Chief of Current Planning Lee Phillips, Chief of Engineering Paul Gauthier, Management/Budget Officer Mike Freda, Management :intern Lindsey Kennedy, Management :Intern Tami Watkins, and Assistant to the Clerk of Council Debi Parry. AGENDA ITEMS Agenda for Council Meeting of 3uly 27~ 2004 a. Making appointments to the Residential Traffic Committee Mayor Umstattd asked if Council would like to increase the committee membership to include one at large member and two members per quadrant or make additional at large appointments to accommodate those citizens that are interested in serving? She stated currently there are two interested residents from the Northeast and two from the Southwest that are interested. Councilmember Hammler asked the difference between a commission and a committee? Mayor Umstattd stated traditionally commissions are codified within the Town Code. This committee was created as an ad hoc temporary committee and verified it does not appear in the Town Code and as a committee the members are not paid. Councilmember Kramer stated she would like Council to address the issue of compensation for the committee members, as it has become a sizable force within the town. Councilmember Hammler stated businesses are greatly affected by traffic and suggested adding a business representative. Mayor Umstattd stated the easiest action would be to increase the number of at large appointments by two. She asked that staff prepare a resolution for consideration at tomorrow's meeting. Councilmember Kramer stated she would be nominating Mr. Richard Nementz as the Northwest representative. Town Council Work Session Minutes for .luly 26, 2004 Page 2 b. Amendments to the Subdivision and Land Development Regulations, Divisions 2, 3, 4, 6, and 7 - Public Hearing Lee Phillips outlined the proposed changes regarding boundary line adjustments, elimination of cluster subdivisions, site plan review process and issues relating to subdivisions with lots over l0 acres. Councilmember Burk asked if the cluster subdivisions would be added back in to the regulations once they are more defined? Hr. Phillips stated that is something that staff will consider. However, State law states if you keep cluster subdivisions in the regulations approval would have to be done administratively and could not involve the Planning Commission or the Town Council if the density is not increased. Further, our regulations do not allow for developers to increase density for cluster subdivisions. Mayor Umstattd stated anytime the Planning Commission and Town Council are removed from the process it limits opportunities for the public to become aware of proposed projects. Councilmember Horne asked if this would eliminate the need for public notification if a project were to be built next to someone's property? Mr. Phillips stated currently for both regular and cluster subdivisions the town's regulations require written notification to all abutting properties. Therefore, the owners would be notified that an application has been filed, but a public hearing is not required. Councilmember Hammler stated Memorial Drive is an example of a cluster subdivision. She asked Mr. Phillips to clarify the legal ramifications as they relate to cluster subdivisions. Mr. Phillips stated the State Code Section 15.2-2286 states, "Implementation and approval of the cluster subdivision and open space preservation shall be done administratively by the locality staff and without a public hearing". He stated this is under the provision for no increase in density. Further, if you have a situation where you are clustering and increasing the density then a special exception would be required. Hr. Donnelly stated clustering is a good concept, whereby you can provide for a modest density increase in return for encouraging a developer to cluster. Mayor Umstattd stated we had some homes that were built on Ayrlee Street a number of years ago and Council agreed to go along with the developers plan to cluster them thereby saving some trees; however, the neighbors were upset. She stated if you take this process away from the public you will not hear their comments and ideas. Ms. Swift stated staff is in favor of clustering and giving some kind of density bonus is a good one; however, the public comment that was received at the Planning Commission was that there would be more concern if we increased density. Town Council Work Session Minutes for 3uly 26, 2004 Page 3 Brian Boucher stated in the Zoning Ordinance we currently have clusters as a by right option. He stated until 2000 clusters were done by Special Exception, so Memorial Drive is not a cluster subdivision, it is Residential-Historic District. Councilmember Hammler asked for an example of a cluster subdivision. Mr. Boucher stated Westgreen is a good example. He stated in a cluster you don't get an increase in density; however, 40 percent open space is required. Further, the Planning Commission recommended removing it from the Zoning Ordinance as well. c. ZOAr4-2004-0002 - Various Amendments to the Zoning Ordinance, Articles 3, 5~ 6, 8, 9, ::t:[, :[2, and :[8 - Public Hearing Mr. Boucher stated the proposed amendments include an extended family option to address the need for elderly family members to move in with their children, changes in daycare regulations and street trees in the public right of way. Mr. Donnelly stated another proposed amendment is buffer requirements between non-compatible adjacent by right uses. He discussed Fairfax County's requirement to put board on board fencing between single-family detached homes and town homes. Mr. Boucher stated the commission felt that in this case a fence may not be the best solution and decided to require berms and masonry walls in many cases. Ms. Swift stated Fairfax County's ordinance is more suburban whereas Leesburg is more historical. Further, board on board fences are not part of the landscape that we really want to encourage. Mayor Umstattd verified these regulations would be enforced town-wide, not just in the historic district. d. TLSE2003-0004, Water Pollution Control Facility Expansion, 1391 East Harket Street to expand existing sewage treatment plant - Public Hearing Brian Boucher stated this special exception application is to expand our Water Pollution Control Facility on Route 7 from 5 million to 7 million gallons a day, relocating the Utility Lines Division to the western portion of the property, and a $4 million upgrade for odor mitigation. Councilmember Burk stated she and Councilmembers Home and Hammler recently took a tour of many town facilities and were briefed on this project. Mayor Umstattd asked if the Utilities Department anticipates additional restrictions due to the Environmental Protection Agencies' increased concern about the Chesapeake Bay? Town Council Work Session Minutes for 3uly 26, 2004 Page 4 Aref Etemadi stated Randy Shoemaker and Steve Cawthron attended a meeting with state representatives in Richmond to negotiate our discharge limit. He stated Mr. Shoemaker presented the town's flow sheets outlining what is currently in the pipeline and what is coming. Further, the town has not received a final letter, but staff is feeling very positive about the outcome. 2. Formal SCC protest regarding W&OD power lines - Mayor Umstattd Mayor Umstattd asked what steps the town needs to take to be a formal protestant against the W&OD trail alignment for the Dominion Power lines? Mr. Donnelly stated Dominion Power is expected to file their application to the State Corporation Commission in November. He stated once the application is filed the SCC will set forth a schedule for hearings; however there is nothing the town can do for now. Mayor Umstattd stated Council passed a resolution stating the town's opposition to the W&OD alignment and asked Mr. Donnelly if further action from Council would be required to file as a formal protestant? Mr. Donnelly stated it would be advisable to have that, but until the application is filed such action would be premature. He stated the advantages to being a formal party to the proceeds include copies of all pleadings filed and the right to engage in discovery and ask written questions of the applicant. Further, the town will also be allowed to attend and participate in the formal hearing before the State Corporation Commission. Mayor Umstattd invited Sue Webb, of the Northern Virginia Regional Park Authority to address Council. Ms. Webb expressed her appreciation to Council for their support. Southwest Leesburg traffic issues - Councilmember Zoldos This item was deferred to the August 9 work session. 4. Commuter lot appeal - TCA-2004-01 - Request to set hearing date/Heritage High School .lohn Clark, Loudoun County Director of Transportation, addressed Council. He stated the commuter-parking lease to use the K-Mart site would expire at the end of the month. He stated his staff has negotiated with the Leesburg Airpark to lease 200 spaces for a period of two years, and needs to find a location for the other :100 parking spaces to meet the demand for this service. Mr. Clark stated Loudoun County Public Schools have approved his request to lease :100 spaces at Heritage High School with a 60-day kick out clause; provided the cars only park in a specified area and each car is identified by a parking pass. He stated the last commuter bus would leave the school at 6:15 a.m. and the first bus would return no earlier than 5:00 p.m. to avoid conflict with school activities. Further, rvlr. Clark stated he is continuing negotiations for a permanent site on the Oaklawn property as well as a vacant space at the proposed Phil Bolen Park. He stated both of these sites are at least 18-24 months from being ready for use. Town Council Work Session Minutes for 3u1¥ 26, 2004 Page Sally Kurtz, Loudoun County Catoctin District Supervisor, addressed Council. She stated the county is indeed looking for a permanent site; however, they are in need of these temporary sites in order to continue this service to the Leesburg residents. Evan Mohler, Loudoun County Public Schools Assistant Superintendent, addressed Council. Mr. Mohler stated the safety of the students is their first priority. He stated with additional measures such as security cameras to enhance the measures already in place at Heritage High School, the use of this parking lot for commuting purposes should not endanger the students in any way. Councilmember Kramer commented on the existing traffic issues in this area. She verified the Principal of Heritage High School supports this proposed use and asked what the county is looking for in a park and ride site? Mr. Clark stated the negotiations with the Oaklawn developers are moving forward. Further, he stated his staff is also working on a preliminary design for a commuter lot at the Phil Bolen Park. Councilmember Kramer asked if they were intending on using both sites? Mr. Clark stated he would prefer to have one location; however, the Oaklawn site would require structured parking and he is not sure if that is feasible. Councilmember Kramer stated it would be better for the community if the county would choose the better option up front. Vice Mayor Martinez stated he would prefer the county to investigate the possibility of a lease extension for the K-Hart site or look into using the proposed site at Fort Evans Road and Battlefield Parkway. He stated his children attend Heritage High School so he is very familiar with the layout and schedules He outlined his concerns with this proposed use of Heritage High School stating this area is very busy in the evenings because of school activities as well as the proximity of Freedom Park and Simpson Middle School. Vice Mayor Martinez thanked the county for their support of the traffic signal at the intersection of Tolbert Lane and Evergreen Mill Road. He offered his assistance to the county to find a better solution for a commuter lot. Mr. Clark stated his staff has contacted Kohl's, Costco, Target, Battlefield Shopping Center, Potomac Station Giant, Leesburg Baptist Church, Dominion Virginia Power, Cornerstone Chapel, the Armory and other sites; all of which rejected his request to use their facilities as a park and ride location. Vice Mayor Martinez asked if the county has sought assistance from the town staff? Mr. Clark stated the town has provided them with many leads. He stated the town staff also suggested the Clark Realty site in Potomac Station; however that site Cannot be on line in time. Further, he stated he would come back to Council in August to discuss that site. Town Council Work Session Minutes for 3uly 26, 2004 Page 6 Vice Mayor Martinez asked Mr. Noe if staff has provided assistance to the county in trying to get a lease extension for the Kmart site? Bob Noe stated he has not personally assisted Mr. Clark in this matter; however, the planning staff has provided assistance. He stated each of the sites investigated have had some sort of problem and many of them would require code amendments to permit their use as a park and ride lot. He stated the focus now seems to be on the Oaklawn site; and there is a verbal agreement that the county will pursue this as their permanent site. Mr. Noe stated Heritage High School seems to be the best short-term alternative and asked Susan Swift to address the code amendments that would be required. Susan Swift stated Heritage High School is zoned Residential Estate and parking lot as a primary use would not be allowed without a Zoning Ordinance amendment and a special exception. Further, she stated staff has some recommended conditions for approval of the special exception. Ms. Swift stated a joint public hearing with the Planning Commission could be scheduled for September 14. She stated once the code is amended, the county would need to apply for a special exception, which would also require a public hearing. Councilmember Burk stated the importance of supporting the commuters even though this proposed location isn't the most desirable. She asked if the special exception would be permanent? Ms. Swift stated staff is proposing that a two year time limit be placed on the special exception. Councilmember Burk asked Mr. IVlohler if it is realistic to assume that these spaces will not be needed for student use in the next six months to a year? Mr. Mohler stated he is certain that the spaces will not be needed in the next year and a half; however, the situation may need to be reassessed after that. Councilmember Burk asked IVlr. Clark what his office would do until Council could consider a Zoning Ordinance amendment Mr. Clark stated he is working with Federal Realty to extend their lease for the Kmart site by one month. He stated he has had very good relations with Federal Realty and believes they will be willing to assist in this matter. Councilmember Horne asked Ms. Swift what could be done to expedite the Potomac Station retail site as a parking lot? Ms. Swift stated this use would require a special exception and code amendment, which require public hearings. She stated the public hearings could be condensed to one meeting. Further, she stated the county could file an application once the Council reviews the appeal at their next meeting. Town Council Work Session IVlinutes for July 26, 2004 Page Councilmember Horne asked if the special exception would delete office use on that site forever, or could there be a time limit? Ms. Swift stated this would require a rezoning, concept plan and proffer amendment. She stated the proffers could be amended by adding a time frame for this use. Councilmember Horne asked Mr. Clark to address how the commuter buses would leave Heritage High School to access the Greenway? Mr. Clark stated the buses would travel North on Evergreen Hill Road, turn right onto Tolbert Lane, turn North on Sycolin Road and South on the Bypass to access the Greenway. Mayor Umstattd recognized Tom Reed, Vice Chairman of the Loudoun County School Board. spaces grassy Councilmember Hammler congratulated Mr. Clark on securing 200 parking at the airport business park. She asked if it would be feasible to use the lot on the airport site for the additional :[00 spaces? Ms. Swift stated the Federal Aviation Administration would not allow parking lot use on the airport property because of security regulations. Mr. Clark stated he would require a paved area for this use. Councilmember Hammler suggested Mr. Clark might want to conduct a survey to see which quadrants the riders are originating from. She stated this information could be helpful in initiating a carpooling program to reduce the number of parking spaces needed at the park and ride lots. Mr. Clark stated a survey was done which established 60% of their rider base at the Leesburg location are town residents. He stated his staff has encouraged the riders to carpool; however, the majority of them find carpooling to be inconvenient. Councilmember Hammler asked how much the county was paying Federal Realty for use of the Kmart site? Mr. Clark stated they pay $27 per space per month and also provide snow removal for the site. Mayor Umstattd recognized Hark Nuzzaco, Catoctin District member of the Loudoun County School Board. Hr. Nuzzaco stated he wanted to do what he could to help with the use of Heritage High School. He stated he has met with the school staff and various school board employees who have agreed this use would not impede operations at the school, nor would it pose any safety concerns. Councilmember Kramer stated this is a difficult situation for the Council who wants to support the commuters. She stated two years is not short term. Further, she asked where the other 40 percent of riders reside? Town Council Work Session Minutes for .luly 26, 2004 Page Hr. Clark stated there has been no formal study on this; however he would assume they reside in the areas immediately adjacent to the town including River Creek, Potomac Station and Lansdowne. Councilmember Kramer verified staff has not received a study addressing the level of traffic expected to be generated by the commuter lot use on the Heritage High School property. Ms. Swift stated the parking spaces are existing and are available because they are currently unused; therefore, no traffic study is required. She stated her belief that this site is preferable to others because it is already built. Councilmember IVlartinez stated he understands the frustration of the commuters and assured them that Council is trying to find a solution. He asked if the Loudoun County School Board has officially endorsed this? Hr. Nuzzaco stated there has been no official action by the School Board. He stated issues such as this are usually handled administratively; however, should any concerns be raised by the staff or by parents the issue would then be brought to the School Board. Mayor Umstattd stated the resolution that was prepared by town staff would have Council initiating the amendment. She asked Hr. Donnelly if this could be done without the School Board first taking action on the item? Hr. Donnelly stated Council could initiate the text amendment; however, in the interest of time a special exception could be processed concurrently. Councilmember Burk asked Hr. Nuzzaco if he had the opportunity to speak with other School Board members to get a sense of their feelings on this issue? Hr. Nuzzaco stated he has spoken with several and they had concerns such as safety at the school and additional traffic on Evergreen Hill Road. He stated the majority of those he spoke with felt that these concerns could be adequately addressed should Council proceed with this action. Ms. Debbie Welsh, Evergreen Hill Road, stated her residence is adjacent to Heritage High School. She outlined her concerns regarding the proposal to use parking spaces at the high school as a park and ride lot. Further, she stated the traffic in this area is already very congested and she often has a long delay in trying to get out of her driveway. Mr. John Drury, 621Beauregard Drive, addressed Council. Mr. Drurystated he has used the Loudoun County commuter bus system since 2000. He urged Council to find a solution to this problem and to allow the residents of Leesburg to continue to utilitize the commuter bus system. George Atwell, 509 Evergreen Hill Road, addressed Council. Hr. Atwell discussed his concerns with allowing a park and ride facility on the grounds of Heritage High School. He too stated the traffic is often very congested on Evergreen Hill Road and is often delayed in entering and exiting his driveway. Town Council Work Session Minutes for .luly 26, 2004 Page 9 Yvonne Maqnifico, Heritage High School parent, addressed Council. She stated this parking lot exists in a section of the school property that is already difficult to navigate. Further, she stated this lot is often used by parents and students during afternoon and evening activities and asked Council to oppose this proposal. George Titus, 505 Evergreen Mill Road, stated traffic on this road has gotten worse over time and the Police Department has not been providing traffic enforcement. He urged Council not to approve this request. Mike Wilkins, Leesburg resident, stated he is concerned with how temporary this use will be. He suggested working with Loudoun Transit to shuttle commuters to a location to meet the bus. Further, he recommended contacting the Potomac Station Giant and explaining that commuter bus users are likely to shop at the store in the mornings and or evenings. Tom Reed addressed Council. He stated the School Board has not yet been involved in this issue; however, use of the school grounds was approved by Dr. Ed Hatrick. He stated if safety issues exist with this location, the School Board will not endorse it. Further, he recommended Council consider using Freedom Park as the park and ride site in lieu of Heritage High School. Mayor Umstattd asked Ms. Swift if Freedom Park could be used? Ms. Swift stated Freedom Park is zoned residential so there would be a similar issue with the need for a code amendment and a special exception. Mr. Atwell stated Freedom Park would be a better site, as it would keep the traffic off Evergreen Mill Road. Mayor Umstattd stated both resolutions for Heritage High School and Freedom Park could be discussed under new business tomorrow night. Councilmember Hammler asked if more locations would be willing to welcome the commuter lot if more money were offered? Mr. Clark stated the issue wasn't money, rather the retail locations wanted to ensure adequate parking for their patrons. Councilmember Horne suggested establishing staging areas in each of the town's four quadrants. Mr. Clark stated a parking area with less than 100 spaces would not work well. Further, he stated the busses would not be able to effectively navigate the residential streets. Supervisor Kurtz thanked Mr. Atwell for bringing up the option of Freedom Park. She stated Ms. Terrie Laycock has looked at this area and found that there are 300 parking spaces available. Vice Mayor Martinez stated he would have to give further consideration to both options before voting to approve one. Town Council Work Session Minutes for .luly 26, 2004 Page 10 Mr. Nuzzaco stated Freedom Park would be preferable to Heritage High School and asked Council to consider it as an option. Mayor Umstattd stated locating the park and ride lot at Freedom Park would alleviate the concerns with additional traffic on the school grounds. Ms. Welsh stated Freedom Park would be preferable. Further, she suggested that during commuter hours there be a right turn only policy in effect to keep traffic from traveling on Evergreen Mill Road. Mayor Umstattd asked Ms. Swift to contact the Parks & Recreation Department regarding the potential use of Freedom Park. Ms. Swift stated while it is true that the proposed Potomac Station garage site would require the same Council action as the high school or Freedom Park site, it would take longer to bring online because it has not yet been constructed. :It was the consensus of Council to provide resolutions for both the Freedom Park and Heritage High School sites on their agenda for tomorrow night. Councilmember Hammler asked Mr. Clark to provide any data that may exist regarding the times when most cars arrive and leave the park and ride area to Council tomorrow night. 5, Town Branch Project Update Mr. Noe stated approximately three years ago the residents of Monroe Street addressed the Council to express their concerns about the Town Branch and shared video and pictures of flooding in their yards. He stated Council authorized staff to proceed with improvements and the engineering for this project. Further, 12 to 18 months ago Council endorsed the Arnett/Muldrow study recommending a Crescent District along the Town Branch and staff has found that the Town Branch engineering is in some places inconsistent with using Town Branch as a river walk. Mr. Noe stated the Town Branch is an important part of what the town can become. Rather than just a drainage project, we would want to make it as handsome as we can and as compatible with what we anticipate will happen with the downtown. He stated he has asked staff to stop engineering until Council and let you decide how to proceed. Councilmember Horne asked what kind of delay this would create for the residents of Monroe Street? Mr. Elsewaissi stated it is difficult to set a timeframe until Council decides on a plan that is consistent with the Muldrow study. He stated it is a significant departure from the original intent of the project. Further, he stated the project design, as originally proposed is almost complete and would have to be stopped until a concept can be created for the new project, which will require additional funds. Councilmember Home asked that Chuck Jones be permitted to address this Town Council Work Session IVlinutes for 3uly 26, 2004 Page 1 ! issue given his knowledge of the project and the proposed Crescent District. Mr. Noe stated the flooding on Monroe Street is limited to the yards and has not yet expanded into the homes. Chuck .1ones, 112 Prince Street, addressed Council. He stated the Leesburg Crossroads group has been working to get this project off the ground, which will require the Council to endorse several planning concepts and make commitments toward the redefining of the Crescent District. He stated some people think this is years away; however, if the desire is strong enough and if the town and Leesburg Crossroads can work together we can begin by the first of the year. Mayor Umstattd stated it is important for the Council to have an understanding of what the current project as designed would look like. She stated Council does not have a visual of what the berm would look like, and perhaps it could be visually compatible with what the town would need to do on the other side. She asked if a rendering could be provided to Council and further asked if the berm is an integral part of the flood mitigation? IVlr. Elsewaissi stated he would provide Council with a rendering of the berm at their August 9th meeting. He stated the berm is approximately three feet in height and will serve as the main flood control. Councilmember Kramer stated Mr. 3ackson provided Council with a history of this property when he was on Council stating this property has always been in a flood plain and was sold as such to the residents of Monroe Street. She recommended considering a charratte of the area involving Mr. Elsewaissi, a representative of the community and a member of Leesburg Crossroads to ensure that everyone is on board with what is recommended. Councilmember Hammler stated a representative from the Planning Commission should also be included. Paul Gauthier stated there is a large difference in the design concepts for these two projects. He stated one is just flood control or high flow; however, the project Mr. ]ones is discussing also involves Iow flow because the water would now become an aesthetic feature, which would have to be maintained. Further, he stated currently no funds are allocated for additional design work. Mayor Umstattd asked Mr. Gauthier to provide a cost estimate to Council. Northeast Leesburg Street Tmprovements This item was deferred to the August 9 work session. 7. OnFiber fiber optic cable license Mr. Donnelly stated a public hearing is not required for this item and staff recommends that Council vote on this issue at the August 10 meeting. He stated OnFiber would like to run a fiber optic cable through the town with no service provided to the town. Further, the cable would run west along Route 7, over the bypass, down a short section of Market Street and then down Fort Evans Road to the bypass and then north out of town. Mr. Donnelly stated the town is proposing a five-year license agreement. He introduced 3im Early, a representative from OnFiber. Town Council Work Session IVlinutes for .July 26, 2004 Page Councilmember Hammler asked what the options are for tapping into the fiber optic line for use by residents or businesses? Mr. Donnelly stated staff is currently discussing options with OnFiber for access to two or four of the 24 strands. Further, he stated if negotiated the capabilities would be used to provide a backup for the current communication system between Town Hall and the Water Pollution Control and Water Treatment Plants. Wendy Wickens stated there are 24 strands going through town. We asked for two strands to use as a portion of the proposed redundant loop which would not be lit up immediately, but could be used in the future. Mr. Early stated the line goes back to Ashburn and there are options there, however, this cable coming through the town is leased on either end by third parties. Councilmember Hammler suggested the :Information Technology Commission could discuss and make policy recommendations, as well as, working with OnFiber regarding any options that may exist for citizens. Mr. Donnelly stated OnFiber is anxious to have this agreement approved. Councilmember Hammler stated the ]~nformation Technology Commission discussions would be separate from this proposed agreement. Mayor Umstattd stated the license agreement, except the mention of disturbance to the subsurface, does not identify where the lines would be above ground and below ground. Mr. Early stated the lines would be entirely above ground and would travel along the existing Verizon poles. 8. Loudoun Street Addition Update - Councilmember Zoldos Nagi Elsewaissi stated the office capacity of the current building has reached its limit. He stated meeting rooms have been converted into office space and many employees have less than adequate work space, less light, stuffed alcoves and stacked file cabinets. Further, he stated staff would continue to grow. Mr. Elsewaissi stated the total area of the current building is 29,658 square feet with usable office space of about 16,000 square feet and a staff of 96 employees. He stated the purpose of the addition is to create adequate and efficient workspace for staff and to create a business friendly atmosphere. Mr. Elsewaissi outlined the design history of the project stating it began as 15,000 square feet of space at a cost of $3.7 million. Through the public comment and review process several items were added including retail space, access to the Loudoun Museum, architectural elements, a visitor center and additional green space around the log cabin. These additions have created the proposed 26,500 square foot building with a cost of $7.4 million. Mr. Elsewaissi outlined the proposed funding for the project with 7:~% from the General Fund and 29% from the Utilities Fund. Tncluding debt service and operations cost there would be a yearly cost of $523,980 from the General Fund and Town Council Work Session Minutes for 3uly 26, 2004 Page $147,420 from the Utilities Fund. Mr. Elsewaissi stated the project is currently at the design development approval stage with approval of the construction drawings expected in six months, bidding and award of contract three months after that, and construction :18 months from the award of contract. Mayor Umstattd asked at what stages a formal Council vote would be required? Mr. Noe stated staff would continue to update Council at the strategic points of the project; however, the first vote by Council would not be required until there is an award of contract. Rich Vaaler:, Vaaler Real Estate, addressed Council. He stated in comparing the costs for building space as opposed to renting space he began with the $7.4 million amount on a 20-year term at three percent and an annual payment of approximately $500,000 per year. He stated it was also assumed that 3,700 square feet are rented to retail businesses at $18 a square foot triple net. He stated after considering the debt payment going out, the rent payment coming in, the operating expenses going out; the total over 20 years would be approximately $1:1 million. Councilmember Kramer verified this cost includes the extras the Council added to the building such as the visitor's center and meeting facilities. Mayor Umstattd asked if this analysis understates the cost to tax payers if the proposed expansion goes forward? Mr. Vaaler stated the 7.4 million would be to construct the building as proposed including all of the amenities addressed by Councilmember Kramer. Vice Mayor Martinez verified the $7.4 million gets us the fully operational and built out space including furniture. The rental analysis does not include any renovation costs or operating expenses. Mr. Vaaler stated the $7.4 million includes furniture, fixtures and equipment while the lease comparison would not include furnishing the building or any fixtures/equipment needed. Councilmember Hammler stated this raises the question of the intent in proposing the town hall expansion. She stated her understanding was a need for additional space for employees, which is important from a morale perspective. Councilmember Kramer stated it has been a long evolution of understanding how the town has grown and what the needs are in an overall picture. She stated this is more than just office space, it is also about addressing the needs of the community through availability of restrooms during special events and providing a starting point for visitors when they arrive in the town. Further, she stated it is important to address these needs now so they don't have to come up again in five or ten years. Councilmember Hammler stated first and foremost Council needs to examine Town Council Work Session Minutes for 3uly 26, 2004 Page 14 the staff projections and how best to serve their needs. She stated studies have shown that decentralizing employees increases morale. One consideration is examining whether the building at Izaak Walton Park could be converted to office space. Further, she stated when examining all of the other variables it is important to get back to establishing what we are trying to accomplish. Vice Mayor Martinez stated the IT Department has been forced to place the web and network servers in a closet, which cannot be closed as it could overheat. Also, staff is concerned about filter systems because there is too much dust. He stated his only objection to the Loudoun Street addition is that Council has prettied it up too much and we need to go back to what we really need as the elevation is what is driving the cost. Further, he stated if the town was to lease a building and pay for remodeling and furniture there would be nothing to show for it. Mr. Vaaler stated this analysis opens up a lot of questions. He recommended that Council discuss what is really needed, the best way to get that space and the Long-term view of it. Further, he stated the study shows the cost of renting vs. owning is almost equal; however at the end of owning you have a building. Councilmember Burk stated the Board of Architectural Review also requested that the elevation be enhanced to fit in the town. Councilmember Horne stated the town is responsible for setting the standard for architectural and historical integrity. She stated if we build a "big box" or require less than we require of others we have abdicated our role. Further, she stated the three percent interest rate delineated by Mr. Vaaler is paid back to the town, therefore the people of Leesburg are the beneficiaries. Further, Councilmember Home stated the $600,000 difference between renting and owning equates to $30,000 a year for 20 years, which is a lot of money that is invested in this community and enhances the overall value of the real estate in the downtown. She stated the town already owns the land, will ultimately own the building and will not pay rent for a space that the it will not own in 20 years. Mayor Umstattd stated her concern continues to be that there is already $8 million in capital projects, which will raise the tax rate by two cents. If funded in addition to this building, it would be a 1.25 or 1.50 cent additional increase. She stated this project is not as high a priority to the citizens of Leesburg as the other CIP projects. Mayor Umstattd stated she wonders if it is worth breaking the expansion down to try to minimize the cost and not doing the expensive west end portion. Further, she stated if this goes forward Council needs to focus on what is absolutely essential and beneficial to the citizens. Councilmember Hammler asked if it would be possible to have a vote, similar to what is done in a bond situation to determine what the residents feel? Mayor Umstattd stated the town is not required by law to go to referendum; however, she is not sure if the town would be prohibited from going forward with an advisory referendum. Mr. Donnelly stated we could have an advisory referendum or public hearing, Town Council Work Session Minutes for ,luly 26, 2004 Page but could not have a binding referendum. However, a public hearing is not usually a valid representation of the silent majority. Further, he stated the only true way to gauge the silent majority's view would be a scientifically structured random poll, similar to what is used in political campaigns. Councilmember Hammler asked Mr. Donnelly how the funding through the Utilities Fund could be set up so we are legally binding ourselves to pay back the money. Nr. Donnelly stated staff asked our bond counsel when this project was first considered whether or not we could use a loan from the Utility Fund to finance the addition and she felt that we could. However, in order to maintain the financial integrity of having separate funds, the General Fund would have to repay the loan with interest. Mr. Donnelly stated if a subsequent Council decided not to repay the loan there would be a deficit in the Utility Fund and if payment was stopped then the Utility Fund would have to make up the difference by increasing rates or availability fees. Councilmember Hammler stated the significant ramifications for every taxpayer needs to be communicated. Further, she asked how the money in the Utility Fund is currently invested and what interest rate is received. Nike Freda stated there are various ways in which the money could be invested and the interest rate would be dictated by what the current market was at that time. Councilmember Hammler stated she is looking at the opportunity costs of not having that money on hand, which could ultimately be needed to fund other projects. Further, she stated she doesn't want the public to think that she does not recognize the crisis from a staff space perspective; however, she is just trying to examine all of the other options. Councilmember Hammler asked if the ]~zaak Walton Park has been considered as a possible location for staff? Mr. Noe stated that space is currently leased and has never been considered as a permanent addition to Town Hall. Councilmember Hammler stated this addition is two years off and the space issues exist now. She asked if the expansion is truly a long-term solution? Mr. Noe stated in his opinion this will not be the last addition to Town Hall. He stated if you assume that the county projections are correct that there population will double in the next 20 years, no one can argue that the town is going to remain stagnate. He stated we are taking an existing space and filling it. As the building grew the staff went through iteration after iteration with the Council participation. Further, through this public process the building was broken down to look like three buildings with different roof treatments, windows and brick all of which increased the cost. Nr. Noe stated it is his belief that most of the residents are here because of Town Council Work Session Minutes for 3uly 26, 2004 Page the historic downtown and Town Hall is an important part of this district. He stated residents bring people downtown to show them the buildings with the old fac~ades as well as the beautiful Town Hall building which is now 14 years old. Further, he stated staff could've moved into the old Kmart building, which would've made no one happy, but with this new building Council has a chance to leave a lasting, positive mark. Mayor Umstattd stated relocating staff to the old Kmart building would not take away from the attractiveness of the Town Hall or its function as the center of the government, but could potentially be a much cheaper option. Councilmember Hammler stated Council could use this as an opportunity to revitalize a separate section of town, possible along town branch. She asked if an enterprise fund would need to be established if the town rents space in the expansion to other businesses and has there been any state precedence set regarding this? Mr. Donnelly stated the town's bond counsel advised the town would be able to rent excess space to private business on a short-term basis. Further, he stated in discussing the topic with other municipal attorneys he found that other jurisdictions throughout the state have done this. 9. Wilson/Pershing Avenue Improvements Update - Councilmember Zoldos Nagi Elsewaissi stated the finalized design requires that staff acquire approximately 70 temporary construction and grading easements. He stated staff has acquired 47 and has approximately 17 - 20 still outstanding. Further, he stated staff has exhausted all options in trying to get these temporary easements signed and may need to seek condemnation. Mr. Elsewaissi stated he has met with several of these residents and have explained to them the condemnation process; however, these residents have still refused to sign the temporary easements. Further, he stated by the first meeting in September he will provide Council with the number of easements needed and the exact footage that Council will need to consider for condemnation. Mayor Umstattd verified Council will be asked to vote on condemnation at the September 13 meeting? Mr. Noe stated staff has threatened the residents with condemnation thinking that they would comply; however, some have not and now is the time to move forward and authorize the condemnation so that construction may proceed. Councilmember Horne verified these improvements are needed for safe vehicular and pedestrian access as well as to mitigate some of the flooding issues. Councilmember Hammler asked for the residents contact information so that she may personally follow up with them and perform her own research into the issues involved. Kevin Wright, 109 Pershing Avenue, addressed Council. He stated the condemnations would just be used while the work is being performed and once the construction has concluded the property will revert back to the original owner. Town Council Work Session Minutes for .luly 26, 2004 Page Mr. EIsewaissi stated the temporary easements are to allow the contractors to go onto the private property to perform necessary grading and will go away once the project is completed. Mayor Umstattd stated the grading would be a permanent change to the landowner's property. Mr. Elsewaissi stated the grading is just to ensure that the yards will properly drain and overall the changes are not significant, in most cases one to two feet. :tO. Downtown Coordinator - Councilmember Zoldos This item was deferred to the August 9 work session. 11. Limits on occupants of a dwelling - Councilmember Zoldos This item was deferred to the August 9 work session. 12. SE/UGA Charrette - Vice Mayor Martinez Vice Mayor Martinez stated he would like for the town to conduct a charrette of the Urban Growth Area involving Council, airport staff, and county and town residents and county representatives. Supervisor Kurtz stated she would be in full support of this initiative and happy to assist in any way possible. Vice Mayor Martinez asked what the next step would be? Mr. Noe stated he would like to consult with county staff and come back with a written proposal for Council to consider. Vice Mayor Martinez stated he would like to start discussions before the new calendar year. Preview :Items for August 9~ 2004 worksession a. VDOT Six-Year Plan There was no discussion of this item. On a motion by Councilmember Kramer, seconded by Councilmember Burk the meeting was adjourned at 11:18 p.m. 2004_tcwsmin0726 t~erk of Council