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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. Town Council Work Session of September 8. 2008 Page 2 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. Town Council Work Session of September 8. 2008 Page 3 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 Town Council Work Session of September 8. 2008 Page 4 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. Town Council Work Session of September 8. 2008 Page 5 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 Paqe 6 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. Town Council Work Session of September 8. 2008 Page 7 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 Paqe 10 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. 2008_tcwsmin0908 Page 12