HomeMy Public PortalAbout2007_04_09
Council Work Session
April 9, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd
Councilmembers Absent: Council Member Martinez arrived at 8:07 p.m.
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 Finance Norm Butts, Director of Planning, Zoning and
Development Susan Swift, Director of Engineering and Public Works Tom Mason,
Director of Capital Projects Management Nagi Elsewaissi, Director of Utilities Randy
Shoemaker, Zoning Planner Chris Murphy, Preservation Planner Annie McDonald,
Tourism Coordinator Marantha Edwards, Downtown Coordinator Lisa Capraro,
Management Specialist Tami Watkins and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
7:00 Presentation - Presentation of County Office Proposal - Epic
Development
Mr. Andre Fontaine, Epic Development, addressed Council regarding his
proposal to located the Loudoun County Government Center on his 53 acre property
adjacent to Olde Izaak Walton Park. Mr. Fontaine stated this option would be the
least expensive for the County, is the least disruptive and most cost effective move,
offers the best accessibility for County residents, the best visibility and the greatest
concentration of amenities. Further, he highlighted the historic presence of the
Loudoun County Government in Leesburg and the central location of the Town within
the County.
Council Member Burk stated the Town leases Olde Izaak Walton Park so it is
not part of this proposal.
Mr. Fontaine clarified the park is not part of the proposal; however, the
County employees would have access to the park from this location.
Council Member Wright asked how the performing arts center would be
integrated into the plan.
Mr. Fontaine stated he has some individuals who are interested in the
performing arts center; however, he can not divulge more information at this time.
He stated he has the ability to construct a large performing arts center and a large
conference center, one in each of the large buildings.
Council Member Wright stated he likes how this plan integrates one building
for the County and another building for private use to generate taxes.
Vice Mayor Horne asked if underground parking for County employees had
been considered.
Town Council Work Session of April 9. 2007
Page 2
Mr. Fontaine stated the ability to have underground parking would depend on
the size of the building the County would require to meet their needs.
1. Questions on Tuesday Agenda Items - Council Meeting of April 10,
2007
Council Member Hammier asked if staff could report on new information
pertaining to the Fort Evans Road pedestrian bridge.
Nagi Elsewaissi stated last week he received a request from Council Member
Reid to take a more global look at the Fort Evans Road area and potential
transportation and pedestrian safety improvements at the Bypass. He stated this
project would cost somewhere between $20 and $30 million as opposed to the
proposed pedestrian bridge which would cost around $4 million. Further, he stated
give the close proximity to the Edwards Ferry Road interchange project a project of
this magnitude would delay the pedestrian access element by several years.
Mayor Umstattd stated VDOT has conducted studies in the past related to a
full interchange at Fort Evans Road and the Bypass to include a pedestrian access
solution. She expressed concern that if we do not have $30 million to fund this
project would the study then be out of date by the time the funds are acquired.
Mr. Elsewaissi stated the study would include future projections. He stated
any study we conduct now would be a global study to identify alternatives.
Council Member Hammier stated at a VML meeting a colleague from Roanoke.
discussed the significant amount of grant funding they received for a pedestrian
underpass. She stated we need more complete information on how other
municipalities have received funding from non-local sources.
Council Member Wright asked the outcome of Council's budget deliberations
regarding funding a study and design for the pedestrian bridge.
Mr. Wells stated it was the consensus of Council to allocate $30,000 to study
potential solutions to allow pedestrians to safely travel from one side of Fort Evans to
the other.
Council Member Wright stated there is proffer money available for a study
and verified there would be funding available mid-year for a design if a particular
solution is selected.
Council Member Reid stated his understanding that design money could not
be allocated until Fiscal Year 2009.
Mr. Wells stated no money can be spent until the new fiscal year begins on
July 1. He stated the dollar amounts for which ever solution is chosen will be
available before the FY 2009 budget is put together. Further, he stated the funding
options will depend on the solution that is chosen.
Council Member Reid expressed support for a multi-modal study.
2. Work Session items for discussion:
Town Council Work Session of April 9. 2007
Page 3
a. Authorizing use of the Council Chambers by Acoustics on the
Green
Lisa Capraro stated Leesburg Crossroads has requested use of the
Council Chambers in the event of rain. She stated in previous years the
concert was moved to Market Street Coffee.
Council Member Wright requested an amendment to the proposed
resolution stating this event is privately funded.
b. Support for America's Cup of Polo Event in Leesburg, in
Loudoun County
Kathy Leidich stated the America's Cup of Polo Event is scheduled for
May 12 at Morven Park. She stated staff anticipates approximately 5,000
attendees and are working with Loudoun County and the Loudoun Convention
and Visitors Association to minimize the impact to the community. Further,
she stated there is a resolution on the agenda for tomorrow night asking
Council to support this event and reinforce the relationship and solidifying our
position as a partner for this signature event.
Vice Mayor Horne stated this is a wonderful opportunity for the Town
to receive international exposure.
Council Member Hammier stated this is a great honor and verified the
event will take place rain or shine.
Council Member Wright stated he would like to receive periodic
updates as we go through the process to ensure that our Economic
Development Department is taking this opportunity to maximize our
opportunities.
c. Status of Current Economic Development (EDC) Initiatives
Betsy Fields outlined the department's goals and highlighted
the initiatives underway to meet these goals. The goals were outlined as
follows: (1) First Floor Retail, (2) Town-wide Retail Market Analysis, (3)
Downtown Market Analysis, and (4) Business Development Marketing
Materials.
Council Member Burk stated she frequently hears comments that the
Town's economic development efforts are focused on the Downtown and
asked if these marketing materials would focus on the Town as a whole.
Ms. Fields stated the marketing materials focus on the whole Town and
will specifically be aimed at attracting businesses to some of the new
developments coming on line.
Council Member Burk stated it seems the only legal way to encourage
first floor retail in the downtown is through incentives as it can not be
legislated.
Vice Mayor Horne stated the incentives we might be able to provide
are aimed more at the particular business versus the property owner and
asked what incentives could be offered to encourage the first floor offices to
convert to retail.
Town Council Work Session of April 9. 2007
Page 4
Ms. Fields stated under the State enabling legislation for a Tourism
Zone we could waive any permit or application fees a property owner would
have to pay. She stated we could also look at cash incentives through an
industrial development authority; however, Council would need to look at how
they would allocate those funds.
Barbara Beach stated there are also incentives that could be offered
through zoning such as increased densities. She stated for existing buildings
downtown you could create by-right retail and require a special exception for
office uses.
Vice Mayor Horne stated she would like to see a case study of a
particular building downtown and what we could do to create a package of
incentives to make this work.
Susan Swift stated staff will look at all of the various zoning incentives
available; however, a number of them are already offered downtown.
Council Member Hammier asked the purpose of the marketing study
and the associated costs.
Ms. Fields stated the contract is still open so the exact cost is not
known. She stated the initial scope of the contract was to create business
development marketing tools.
Council Member Hammier stated it would be useful to have a focus
group or a discussion of this with the entire Council and EDC. She stated the
EDC is doing a tremendous job with all their efforts and task forces; however,
we need to go to the next step of identifying a key anchor to become the
catalyst for the downtown.
Ms. Fields stated a focus group was not brought together because it
would have required a public meeting and the purpose of the study was to
keep responses anonymous to allow for candied responses. Further, she
clarified the marketing materials are not specifically aimed at the downtown.
Council Member Wright stated the need to look at tenant mix to create
a shopping buzz, which will come after we find an anchor.
Ms. Fields stated staff is conducting a resident survey as part of the
market analysis to identify what will bring our citizens downtown. Further,
she stated that information will be provided to the Downtown Property
Owners Association so that they can then work to bring that missing element
to the downtown.
Council Member Wright stated we have to ensure that we are
expanding our focus to the entire Town. He verified staff is working with KSI
and Oaklawn on the support they need with their business recruitment
efforts. Further, he asked when the joint meeting of the EDC and Council will
be scheduled to discuss various strategies.
Town Council Work Session of ADril 9. 2007
Page 5
Mr. Wells stated there is no date set; however, staff is looking at the
end of May.
Council Member Reid referenced the Business Development Strategy
and quoted, "Data research conducted during the zip code survey indicates
that residents of Leesburg are not interacting with downtown on a regular
basis. In fact, local residents inside the two Leesburg zip codes accounted for
only 21 percent of the visits to local shops". He stated it seems that a zip
code study was already completed.
Ms. Fields stated that information is dated and this study will expand
upon that data. She stated it will be interesting to see the difference is five
yea rs out.
Council Member Reid stated he disagrees as we have conducted
enough studies. He stated in 2005 we conducted a small business forum
where the attendees identified the major issues as parking, lack of foot traffic,
more conference space and long building approval process and asked if any of
these suggestions have been implemented.
Ms. Fields stated we are implementing a number of the suggestions
and including parking improvements and amendments to the development
process.
Council Member Reid reiterated the need for an anchor downtown and
concurred with Ms. Beach's suggestions regarding zoning incentives. He
stated there have been a number of suggestions about zoning; however, it
seems the Planning and Zoning Department has their work program and will
not get to certain zoning issues right away. Further, he asked why the Town
has spot zoning parcel by parcel in certain locations in the downtown and why
we do not have dtteI dual zoning.
Ms. Beach stated the zoning is not parcel by parcel; however, the use
may be. Further, she stated there may be a mix of grandfathered uses which
are protected until they change.
Council Member Reid expressed concern with Leesburg being the first
community to enact Tourism Zone legislation.
Mayor Umstattd stated she would be interested in a case study of
different businesses to look at how much they would have to sell to make a
profit after their rent is paid versus how much they would save if they were
given a break on fees. She concurred with Council Member Wright's comment
regarding what it is Leesburg residents are apt to buy. Further, she stated
our downtown businesses are wonderful shops for the tourist trade.
There was further discussion regarding targeting marketing campaigns
aimed at Leesburg residents.
Mayor Umstattd discussed the issue of building heights in the
downtown and discussed meeting with Peter Arundel and Mike Banzhaf
regarding their site. She expressed her concern that the downtown would be
fundamentally changed if the height restrictions were expanded.
Town Council Work Session of Aoril 9. 2007
Paqe 6
Council Member Hammier requested that Council look at building
heights from a policy perspective and break down a pro forma relating to
what might make any business successful in the downtown.
Vice Mayor Horne suggested contacting some of the homeowners
associations for assistance with the zip code survey. She stated we do not
need to look towards one anchor; rather we need a multi-tier anchor to
diversify our retail base. Further, she stated parking is a key issue.
Council Member Martinez expressed the need to offer Town residents
incentives to come downtown.
d. Flags to commemorate the Leesburg/Loudoun 250th
Anniversary celebrations to be displayed in the downtown area.
Marantha Edwards stated the Leesburg/Loudoun Anniversary
Committee has purchased flags for the downtown area and will extend the
flags further down King Street, Loudoun Street and Market Street. She stated
the flags will be discussed at the Board of Architectural Review committee
meeting on April 16.
Vice Mayor Horne stated this creates a festive atmosphere and
delineates a focal pOint for the celebration.
Council Member Wright asked why the issue needs approval of the
Board of Architectural Review.
Ms. Edwards stated Board of Architectural Review approval is required
under Chapter 16.39.
Council Member Martinez verified the only Town contribution is staff
time.
e. Update on Board of Architectural Review (BAR)
recommendation for traffic signal design in the Old and Historic
District
Annie McDonald stated when the appeal of the traffic signal design was
dismissed on February 20 Council indicated a desire to see the BAR work with
the neighbors and applicant to identify a template for the design of traffic
signals in the Historic District. She stated the BAR has met with the
neighbors and will make their recommendation on April 16 and will present
this recommendation on April 24.
There were no Council comments.
f. Water Rate Advisory Commission Discussion
Council Member Wright stated he and Council Member Burk would like
to recommend that Council establish a Utility Advisory Commission to take a
fresh look at the water rates. He stated he has prepared a draft resolution
and asked that Council consider this to work towards solutions on or rates.
Town Council Work Session of April 9. 2007
Paqe 7
Council Member Burk stated the intention is to get people with an
interest and expertise to provide different ways for us to get to where we
need to be.
Council Member Hammier asked the logic of proposing nine members
to this commission.
Council Member Wright stated there would be seven in-Town members
and 2 out-of-town representatives, which would be proportionate to our
number of customers.
Council Member Hammier stated there is no fundamental issue of no
taxation without representation that will not be solved by this. She stated it
needs to be made clear that there needs to be recognition that one needs to
be willing to be part of the municipality. Further, she stated she does support
this opportunity for input to keep everyone actively involved.
Council Member Reid thanked Council Members Burk and Wright for
their efforts. He stated he would like to see a Utility Authority established to
take the politics out of the issue.
Vice Mayor Horne stated our role is to set rates and determine how we
pay for the services, acquire services and provide services to the people who
elect us to represent them. She stated her concern is that she would not
want to see a rates commission get into the management of our utilities
operation.
Council Member Martinez expressed concern that we understand the
out-of-town residents are our customers and they have a right to have public
input. He stated he would not want to give this commission the right to set
rates; however, most of these issues could have been avoided if the out-of-
town residents were part of the process.
Mayor Umstattd thanked Council Members Burk and Wright for their
efforts. She stated she could not support this proposal because the out-of-
town residents are not shareholders in the government, rather they are
customers. Further, she stated if this does go forward she is glad to see that
the majority of the members will be Town residents.
Council Member Reid stated he would like to know what other Towns
and cities do in terms of establishing a commission, authority or nothing. He
stated if we are going to set up a commission for utilities we should set up a
Public Safety Commission to support the police and provide over site, without
involvement in the daily operations.
3. For information only:
Preview Topics for April 23, 2007:
a. TLSE-2007-0001 Loudoun County Temporary Commuter
Parking Lot and TLOA-2006-000S Zoning Ordinance text
amendment defining temporary commuter parking lot - public
hearing
There was no discussion of this item.
Town Council Work Session of Aoril 9. 2007
Page 8
b. Property and casualty insurance contract
There was no discussion of this item.
c. LCSA/Town Joint Utility Study
There was no discussion of this item.
New Business
a. Task Force Disclosure
Mayor Umstattd stated on the next work session she would like to
bring up the issue of legislation regarding disclosure for all members who
serve on a formally constituted task force. She stated she would not support
the full disclosure that Council does, rather a simple real estate disclosure.
b. Ida Lee Fees
Council Member Burk stated we received a letter from Scott York
stating the Board has appointed individuals to meet with the Town regarding
the Ida Lee rates and asked how the Town will respond.
Mayor Umstattd stated we could nominate a Council Member or two to
serve on that.
Council Member Wright stated the County has appointed two Board
members, one Parks and Recreation Commission members and a staff
member.
Council Members Martinez and Wright volunteered to serve on this
committee.
It was the consensus to vote on this issue tomorrow night.
c. Funding for Non-Profit Organizations
Council Member Martinez stated since we have money left over from
the budget and asked that Council discuss how the non-departmental funding
could be increased.
Vice Mayor Horne stated the non-departmental agencies were funded
consistent with Council's policy.
Council Member Reid expressed support for Council Member Martinez's
comments and stated there was no funding allocated for Brandon Park.
Closed Session Regarding a Legal Matter
On a motion by Council Member Reid, seconded by Council Member Martinez,
the following motion was proposed:
Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting to discuss a legal matter.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Work Session of Aoril 9. 2007
Paqe 9
The Council convened in closed session at 9:30 p.m.
The Council reconvened in open session at 10: 17 p.m.
On a motion by Mayor Umstattd, seconded by Council Member Wright, the
followi ng motion was proposed:
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 public business
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 roll call vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Adjournment
On a motion by Council Member Burk, seconded by Mayor Umstattd the
meeting adjourned at 10: 18 p.m.
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