HomeMy Public PortalAbout2008_09_08
Council Work Session
September 8, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Thomas Dunn, II, Katie Sheldon
Hammier, Ken Reid, Kevin Wright and Mayor Kristen Umstattd
Council Members Absent: Marty Martinez; Thomas Dunn, II and Ken Reid arrived
at 8:00 pm.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby,
Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich,
Director of Public Works Tom Mason, Director of Parks and Recreation Rich Williams,
Director of Plan Review Bill Ackman, Director of Planning and Zoning Susan Berry
Hill, Economic Development Manager Marantha Edwards, Deputy Director of Planning
and Zoning Brian Boucher, Assistant Director for Recreation Kate Trask, Assistant
Director for Capital Projects Management Renee LaFollette, Assistant Director for
Capital Projects Management Tom Brandon, Preservation Planner Annie McDonald,
and Management Specialist/Deputy Clerk of Council Debi Parry
AGENDA ITEMS
1. Questions on Tuesday Agenda Items
Council Meeting of September 9, 2008
Public Hearings - Village at Leesburg
There was no Council discussion.
Contract Awards
· South King Street Trail Extension Design
. Rt. 643 Water Tank Construction
· Rt. 643 Water Tank Engineering Services Addendum
· Construction Management Services for Lowenbach
There was no Council discussion.
Budget Matters
· Supplemental appropriation for street lights
· Request by Red Cross to redirect their $2,500 grant from Council
Mayor Umstattd verified the Red Cross is requesting that the funding be
redirected from their Transportation Services Fund to Emergency Services.
Other Matters
· Initiating a Town Plan Amendment changing property adjacent to Izaak
Walton Park from "Open Space" to "Downtown"
Council Member Hammier asked for an update relative to discussions with
the property owner.
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Council Member Wright stated the property this impacts was highlighted
as open space outside of land owned by the park. He stated this property
was purchased for commercial use; however, we do not have any plans to
acquire it.
· Appointment to the Environmental Advisory Commission
Mayor Umstattd stated she is nominating Gerhard Koehler for
appointment to the Environmental Advisory Commission.
2. Work Session Items for Discussion
a. George Mason University Planning Study Funding Report
John Wells stated this request is to fund a planning study for George
Mason University and Northern Virginia Community College. He stated over
the past several years there has been discussion regarding the potential
location of a George Mason Campus in Loudoun County. He stated the
planning study would develop concepts for how a campus could be structured
and look for significant input from the community regarding what services
could be provided. He stated this study would result in the issuance of an
RFP at the end of the year and the cost to the Town for participation is
$17,000. Further, he stated funding is available from the Council
Contingency Fund.
Vice Mayor Hammier stated she participated in the Loudoun County
Economic Development Commission meeting Friday and the Leesburg
Economic Development Commission retreat Saturday morning and both
bodies are looking at this opportunity as a silver bullet from an economic
development perspective. She stated she had resolved her questions
regarding the benefits of the Town putting money into this study; however, it
is absolutely critical for the Town to unanimously support this funding and
have a very strong leadership presence at the table. Further, she stated this
would provide tremendous opportunities for the Town.
Council Member Wright stated this is an exciting opportunity. He
stated he has similar concerns as Vice Mayor Hammier; however, of all the
studies the Town has funded he feels this is one with a clear target in mind
and long lasting results for the Town. Further, he stated colleges bring
rewards such as educational, economic and civic opportunities.
Council Member Butler stated if the public schools are contributing the
Town's share should be around $11,000.
Mr. Wells stated at this point it is unclear what role the schools will
play; therefore, the resolution could be drafted to authorize an expenditure
up to $17,000.
Jerry Coughter, George Mason University (GMU), stated the
Superintendent and School Board attorney have determined that the School
Board cannot legally contribute money towards this study; therefore, the
Town's contribution of $17,000 is one-half of one-third the cost.
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Council Member Butler stated he grew up in a university town and fully
supports this proposal. He stated GMU would provide ancillary and direct
benefits for the Town.
Mayor Umstattd stated it is her understanding that GMU and Northern
Virginia Community College have been working together and asked that they
provide a briefing regarding their status.
Dana Kauffman, Northern Virginia Community College (NVCC), stated
NVCC and GMU have partnered on several projects. He stated the vision is
that NVCC would provide the Freshman/Sophomore education levels and the
upper levels would be provided by GMU. Further, he stated NVCC would
focus on workforce development and GMU would focus on research.
Mayor Umstattd asked the plans for both universities regarding
partnerships with Loudoun County Public Schools.
Mr. Kauffman stated there are existing partnerships with Monroe Vo-
Tech students. Further, there is a program at NVCC and GMU to work with
guidance counselors to ensure that young men and women who might not
otherwise go to college are started on a path, that if followed, will provide
them with guaranteed acceptance to GMU.
Mr. Coughter stated GMU also provides teacher education and training
with Loudoun County Public Schools. He stated the current Loudoun site in
Sterling currently has over 400 students enrolled, many whom have come
from Loudoun County Public Schools. Further, he stated the study is
envisioned to provide a way to leverage the existing space at the current
NVCC campus, identify a location for the new GMU campus in Loudoun County
and identify where the next NVCC campus should be located.
Mayor Umstattd stated she heard a rumor at the Loudoun County level
that GMU had already crossed Leesburg off its list.
Mr. Coughter stated that rumor is completely false and he cannot
imagine how that rumor would have started.
Vice Mayor Hammier stated also the Town could be a partner for a
commercialization type center, an incubator or a performing arts center. She
stated she works at a major high tech company that makes decisions on
where to locate based on partnerships with local universities. She stated the
Town has taken a leadership role with key cluster types of industries like
biotech that really need a partnership with a major university.
Mr. Kauffman stated he just came from a meeting of the NVCC Board
of Directors and they may find themselves in the anomaly of closing some
centers at the same time they are looking for a campus. He stated the scope
of work discusses a main campus and learning centers so there may be
multiple opportunities for the Town to win.
Council Member Reid stated he hopes the Town could provide a list of
suitable parcels for consideration. Further, he stated the residents in
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southwest Leesburg may also like to see a campus on the Meadowbrook
property as opposed to a housing development.
Mr. Coughter stated they are completely open to any site.
Council Member Reid asked that the economic development staff
convene a meeting with Mr. Coughter, Mr. Kauffman and property owners of
potential locations.
Mayor Umstattd stated the only encouraging economic news she has
seen was that the rising fuel costs have forced some manufactures to move
their factories back to the United States. She asked if NVCC could help train
workers for those kinds of jobs.
Mr. Kauffman stated they already are. Further, he stated they
currently have a program with Northrop Grumman to run courses remotely to
train returning veterans to process medical records which will translate to
jobs in Danville.
Council Member Dunn stated he regrets he was not able to hear the
entire presentation; however, he would like to see a GMU campus in
Leesburg.
b. Wage Drivel Anne Street Drainage Improvements
Tom Brandon stated staff has provided a report outlining the issues
and schedule for completion. He stated the work is moving forward.
Mayor Umstattd asked when the work will be completed.
Mr. Brandon stated the work should be completed by December 2009.
Council Member Dunn stated it seems this issue is older than five or
six years ago and has been going on since the neighborhood was built 40
years ago. He stated the issue is also not new to staff or to the many
Councils preceding this one.
There was further discussion regarding the engineering of the project.
Council Member Dunn asked how this proposal differs from the project
funded in the Capital Improvement Program (CIP).
Mr. Brandon stated this is essentially the same project with minor
refinements to address the desires of the citizens and provide a solution that
staff feels will work.
Council Member Dunn asked when the project was supposed to be
completed.
Mr. Brandon stated the project was advertised for bid in December.
He stated a public meeting was held at that time and the citizens were told
that construction would begin in the Spring of 2008. He stated during the
advertisement period staff discovered a number of constructability issues and
other issues with the plans and the bid process was terminated.
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Vice Mayor Hammier stated she would appreciate a report from Mr.
Wells. She stated over the past year Council has focused on business
processes and being business friendly and asked if there were thoughts on
the process of being more resident friendly.
Council Member Wright commented on lessons learned
regarding communication with residents, communication with Council,
decision making on change of scope and how those changes are
communicated. He stated a previous Council cleaned up the CIP and stated
the projects would be completed by the dates listed; however, the current CIP
states this project would be completed in the summer of 2008. He asked
what standards are being referred to when staff says the development and
design criteria are not up to standard.
Mr. Brandon stated the current drainage in this area does not meet the
current DCSM and most other normal standards.
Council Member Wright stated the last update he received on this
project wasthat a community meeting had been held and everything was on
target. Further, he asked what the differences are between the currently
proposed plan.
Mr. Brandon stated after the original plan was submitted staff came to
an agreement that it was not a comprehensive solution. He stated the size of
the pipes was increased to handle contingencies that mayor may not happen.
He stated the second change involved the consulting engineer addressing the
constructability issues that staff identified once the plan had been put out to
bid.
Council Member Wright verified the total cost of the project is
estimated to be $870,000. He stated during the heavy rain from last
weekend he was surprised to find there were residents on the street that
were not experiencing flooding issues. He stated in looking at the scale of the
project he wondered if we are overreacting and overbuilding and in doing so
delaying relief to the residents who are impacted and incurring a higher cost.
He asked how we got to the scale of magnitude with long term delays and
long term costs including an internal turf war that is costing time and money.
Mr. Brandon stated if there is an internal turf war it is more of a
difference in professional opinion. He stated it took strong discussions
between various individuals to find a solution where everyone was in
agreement.
Mr. Wells stated the problem is not as much an internal issue about
how we are handling projects, rather the key is when we put a project in the
CIP and put a date on the project we need to know exactly how big the
project is.
Council Member Wright expressed concern regarding a broken system
given the fact that one group of staff felt confident enough to bid the project
and meet with the residents and then found the need to stop the process.
Town Council Work Session of September 8. 2008
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Council Member Butler stated this does not seem to be a regulation
issue, rather it is a planning problem. He verified the project was added to
the CIP as a study in FY 05 with a summer 2008 completion date added last
winter. He stated the CIP approved in April of this year still listed the
project completion date as summer 2008 and now five months later the date
is off by a year and a half. Further, he stated communication is the biggest
issue in this case as the moment this delay was known Council should have
been notified even if there was no option to avoid the delay.
Council Member Reid stated in 2006 Mr. Timothy Schott attended a
Leesburg Town Council candidate forum and complained to he and Council
Member Wright that nothing was being done to address the flooding in this
area. He stated Mr. Schott has since moved out of the neighborhood in
frustration over this. He verified the bid process was advertised for this
project, but that the process was cancelled before any bids were received.
Further, he asked who made the decision to stop the process.
Mr. Wells stated he made the decision because there was discussion of
whether or not the planned project would adequately meet the needs of the
residents in light of the need to handle a 100 year storm. He stated if the
Town was going to spend money he did not was a solution that would not
work in the event of another storm.
There was further discussion regarding the process, previous
projects and lack of communication.
Mr. Wells stated he will take responsibility for the lack of
communication.
Council Member Reid verified the end of October is the earliest staff
feels they can advertise the project for bid. He expressed concern that
certain projects are not moving forward. He stated projects for completion on
Town property seem to proceed quickly while residents have to wait until
December 2009 to see relief.
Terry Titus, 805 Wage Drive, addressed Council stating this problem
has been occurring for over 40 years. He stated he does not have a drainage
problem at his residence; however, he became the spokesperson for the
community after Mr. Schott moved. He stated he met with staff before the
meeting and is disappointed that the project will not be completed until
December 2009. He urged the Town to take a good look at future projects
before committing to take them on. He stated some of the residents in this
area have been able to fix their own drainage problems and perhaps if urged
by Council all residents would have been able to fix the problem and thus
have avoided standing here today.
Council Member Reid asked that a resolution be drafted for tomorrow
night's meeting requiring the project to be bid in the beginning of October
with construction beginning the first week of July 2009 and that if necessary
the 100 percent overland relief requirement in the DCSM be relaxed.
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Mayor Umstattd verified an alternate design could not be completed
sooner than the currently proposed design. She stated she would support
any efforts to advertise the bid process as soon as possible.
Mr. Wells stated staff is meeting with the residents on September 10
to discuss next steps and will ensure the project is advertised and constructed
as quickly as possible.
There was further discussion regarding the process, communication
issues and the status of other projects in the CIP. It was the consensus of
Council to have staff provide an update at the next work session regarding
the meeting with the residents.
Mayor Umstattd stated this is a frustrating situation and she is sorry
the construction may not be completed until December 2009. She stated she
is further frustrated because six years ago she thought the problem was
solved and that the project would be completed within a couple of years.
c. CIP Update
Mr. Wells stated the agenda item staff prepared will now be part of the
monthly Manager's Report.
Renee LaFollette stated staff has prepared a listing of all the projects
currently appearing in the 2009 CIP with their budget and status.
Council Member Wright asked when the Tuscarora Creek Project would
be moving forward for construction.
Ms. LaFollette stated that project has money for construction in Fiscal
Year 2010 and we are currently on schedule for design.
Council Member Butler stated this is very helpful and asked for an
additional column to make the status of the project easily identifiable.
Council Member Reid concurred with Council Member Butler's
comments. He expressed concern that the police department parking lot
expansion project is already in the design and construction phase. He stated
it seems projects for Town property are processed at a higher speed but road
and flood control projects are put off.
d. DIAIULI Recommendations Update
Mr. Wells stated in May members of the Downtown Improvement
Association (OlA) brought forward recommendations for infrastructure
improvements they felt would be vital to the downtown area. He stated they
further identified this as a partnership with the Downtown businesses in terms
of private investment and opportunities for public/private partnerships. He
stated staff feels it is prudent at this time to take funds from the Economic
Development Opportunity Fund and look at preliminary design of one project.
Further, he recommended that Council consider moving forward with the
preliminary design of King Street Corridor project.
Council Member Dunn stated he is a member of the Leesburg
Downtown Business Association (LDBA) and traffic calming has been identified
Town Council Work Session of September 8. 2008
Page 8
as an important issue to get more foot traffic Downtown. He stated there
could be multiple benefits from investing in traffic calming measures and
suggested looking projects to do pressed brick intersections in Downtown.
Vice Mayor Hammier asked where funding would come from to
implement the projects once the design is completed.
Mr. Wells stated the scope of work and the cost would be included in
the budget for the upcoming year. He stated this would allow for Council to
either accelerate the project or put it into a longer term program based on
priorities.
Vice Mayor Hammier verified construction of this project would fit
within the established debt cap. She stated the DIA has identified this as a
top priority and addressed the need for DIA and Crossroads to merge into one
organization representing the businesses. Further, she expressed her support
for moving forward with design of the King Street Corridor project.
Council Member Wright expressed support for moving forward with the
King Street Corridor project.
Council Member Butler stated this project would easily be the most
visible and would show a commitment by Council to improve infrastructure in
the downtown.
Council Member Reid stated he had a conversation with Michael
O'Connor regarding community development authorities. He asked Mr.
Burnett, DIA Co-Chair, if he feels it would be possible to move forward with a
CDA or special assessment with the downtown property owners given the
total cost for completion of all infrastructure projects identified is $5.5 million.
Mr. Burnett stated the $75,000 is for design and scope of the project
which is necessary. He stated all of the incremental financing options are
simply another layer on the tax rate in a geographic area and in looking at
the costs of these projects and the assessments and size of the Downtown
the property owners would be looking at a very high number. He stated
these kinds of projects need to be financed in a more traditional manner.
Council Member Reid stated he supports this; however, we need to
start thinking about creative financing as this is just a small portion of the
overall project.
Mr. Burnett stated the added tax collections from the added activity
provided by the completion of these projects as a whole will pay for itself. He
stated it does benefit the entire community and it is unfair to put the burden
on a small group of people who are here now rather than spreading the cost
among all who will benefit from it.
Council Member Reid suggested a work session discussion regarding
financing options.
Mayor Umstattd stated the idea of bumping out the sidewalks is good
as it encourages outdoor dining. She stated we need to make sure we are
Town Council Work Session of September 8. 2008
Page 9
working closely with the property owners and get a sense from them whether
they intend to convert their buildings to restaurants or if they have another
goal.
Ara Bagdasarian, Economic Development Commission (EDC)
Chairman, stated from the Commission's perspective he would like to
commend Council for sticking to the endorsed economic development
roadmap. He stated as a resident he feels the downtown is Leesburg's
neighborhood so these projects benefit the entire Town not just the business
district.
Michael O'Connor, DIA Co-Chair, stated the property owners have not
stated that the objective is to increase the number of restaurants; rather the
objective is to change the Downtown area of Leesburg. He stated bumping
out the sidewalks will not draw more restaurants, but it will benefit the
existing restaurants. Further, he stated there has been discussion of using
the expanded sidewalks for a pavilion or gathering place for people.
Council Member Reid stated if more people come downtown then more
offices, stores and restaurants will follow. He stated Council Member Wright
has discussed an interesting idea to offer incentives for people to renovate
their buildings.
Council Member Wright stated the Town of Purcellville has a program
to provide seed money grants for owners that spend a certain amount of
money to improve the fac;ade of their buildings.
Mr. O'Connor stated any program of that type would be welcome.
Council Member Hammier stated Mr. Bagdasarian was referring to
restaurants because they are part of the Destination for Arts, Entertainment,
and Dining strategy from the Economic Development Map for Leesburg. She
stated we need a follow-up Council work session discussion to address any
associated policies needed to address potential obstacles to this process.
There was further discussion regarding the need for more restaurants
in the downtown and financing options for the infrastructure improvements
and regulation reform.
It was the desire of Council to have a resolution prepared for tomorrow
night.
e. Review Schedule for the Old and Historic District Guidelines
Teresa Minchew, Board of Architectural Review (BAR) Chairman,
thanked Kaj Dentler and Annie McDonald for working with the consultant on
this schedule. She stated the BAR is on schedule with their review.
Council Member Butler stated it was his understanding that Council
would approve the guidelines in early January; however, now it seems Council
will not receive the guidelines until the end of January which puts the
schedule two months behind.
Annie McDonald stated the new process is only two weeks past the
Town Council Work Session of September 8. 2008
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original date for Council adoption. She stated the Council vote was scheduled
for the first meeting in January and that has been moved to the second
meeting in January.
Council Member Reid stated he would like to see the guidelines before
the Planning Commission public hearing. Further, he asked that the
document be provided to other stakeholders such as the DIA and LDBA.
Ms. McDonald stated Council and the Planning Commission will receive
the guidelines when they are provided to staff on November 10.
Council Member Reid asked the status of the H-2 regulatory changes.
Ms. McDonald stated the agreement was to begin review of the H-2
guidelines once the design guidelines are completed.
Council Member Reid stated he thought those changes would be
incorporated in the next batch of Zoning Ordinance amendments.
Council Member Butler stated an email sent to Council on July 22
identified the Council review date as November 25.
Ms. McDonald stated she would review the previous schedule and
follow-up with Council Member Butler.
f. 2S0th Anniversary Update
Kate Trask provided an update of the plans for the 250th Anniversary
Celebration on Sunday, September 14.
Vice Mayor Hammier verified Congressman Wolf is unable to attend.
Council Member Dunn verified Supervisor Sally Kurtz was invited.
Vice Mayor Hammier asked if staff is proceeding with the earlier
suggestion to collect 300 word essays from the public regarding the
anniversary.
Marantha Edwards stated that suggestion had fallen off the list;
however, we still have the rest of the year to implement that program.
Council Member Reid asked if Council will be asked to vote on the flag
contest winner during the ceremony.
Mr. Wells stated the winner of the contest will be announced and
Council can vote on the flag at a future meeting if they desire.
Council Member Reid stated he is concerned with some of the symbols
on some of the flags. He stated he was concerned that this was not a clean
contest as the five selections were composites of the original entries and
asked that Council be allowed to see the original entries.
g. Time Capsule/Battlefield Tunnel Update
There was no Council discussion of this item.
Town Council Work Session of September 8. 2008
Page 11
h. Charter Amendment Discussion
Jeanette Irby stated because of the wholesale revision of the Town
Code there are too many moving parts to do a wholesale revision of the
Charter.
Council Member Reid stated we had a discussion two years ago and he
would like to see if there is interest in looking at developer agreements and
moving forward with the Herndon BPOL Tax proposal.
Council Member Dunn asked if we would have time to look at a Charter
change to allow developer agreements if that were the desire.
Ms. Irby stated the recodification of the Town Code needs to be
reviewed by Council before the end of the year. She stated if it is Council's
desire to move forward with a greater charter change she may be required to
advertise the project for bid. Further, she stated charter changes have to be
in bill form and submitted to the legislature by December 1.
Council Member Wright stated he has no desire to proceed with a more
comprehensive Charter bill amendment at this time. Further, he stated the
Herndon initiative is legislative, and not a Charter amendment.
After further discussion, it was the desire of Council to proceed only
with the Charter bill amendment to provide flexibility in the meeting dates.
3. For information only September 22-23, 2008
There was no discussion on the following items:
a. Authorizing Easement Condemnation if offer is not accepted for
Edwards Ferry Road at Colonial Square
b. Authorizing Easement Condemnation if offer is not accepted for N.
King Street drainage
c. Authorizing Easement Condemnation if offer is not accepted for
Country Club Drive drainage project
d. Authorizing offers to acquire easement for Dry Mill/Wage/Anne storm
drainage project
e. Authorizing offers to acquire easements for the Lowenbach street
improvement project
f. 250th Anniversary Celebration Sponsors Recognition
g. Adopting the Leesburg Public Art Guidelines
h. Awarding the Police Public Parking Lot Expansion Construction Contract
i. Small Business Development Center Quarterly Update
j. Off Leash Park Hours at Izaak Walton Park
k. Repealing Resolutions 2001-17 and 2004-127 and Establishing a
Standing Residential Traffic Committee
I. Friends of the Thomas Balch Library Presentation
Town Council Work Session of September 8. 2008
Adjournment
The meeting adjourned at 10:23 p.m.
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