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HomeMy Public PortalAbout2008_11_10Council Work Session November 10, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David Butler, Thomas Dunn, II, Katie Sheldon Hammler, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Council Members Absent: Council Member Dunn left the meeting at 9:30 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathleen Leidich, Director of Public Works Tom Mason, Director of Finance Norm Butts, Director of Plan Review Bill Ackman, Director of Parks and Recreation Rich Williams, Economic Development Manager Marantha Edwards, Clerk of Council Lee Ann Green, and Management Specialist/Deputy Clerk of Council Debi Parry AGENDA ITEMS 1. Work Session Items for Discussion: a. Legislative Packet Revisions Debi Parry stated one revision has been made to the legislative package requesting the authority for expedited plan review. She stated this will be on the agenda for a vote Wednesday night; however, staff would like to have Council's general endorsement of the amendment tonight as the packet will be presented to the legislators during the briefing before the meeting Wednesday night. Council Member Dunn asked that the Senate sister bill to HB 83 also be included in the packet. Vice Mayor Hammler stated a topic was raised at the Loudoun County Economic Development Commission last Friday regarding the possibility that the County may add an item to their legislative packet regarding the State procurement regulations and allowing local businesses to have the greater benefit of working with the local governments. Mr. Wells stated Ms. Parry contacted the County's Purchasing Office and that item has not made its way into the County's legislative package as of yet. He stated staff will continue to follow up with the County on this issue. Vice Mayor Hammler thanked Ms. Parry for her help and legislative support during the VML Conference. Council Member Reid asked when Council would be meeting with Delegate May Ms. Parry stated the meeting with Delegate May is scheduled for Friday, November 14th at his office in Sterling. b. PPEA Update/Loudoun Street Mr. Wells stated the Town received an unsolicited proposal for the development of properties on Loudoun Street and per Council's direction an ad was placed soliciting additional proposals; however, no competing proposals Town Council Work Session of November 10, 2008 Pa4e 2 were received. He stated staff has conducted an analysis of the proposal and Norm Butts is here to answer questions. He stated Council has the opportunity to suspend the process and move forward to the detailed phase with a public hearing or direct staff to work with the applicant to refine the proposal and move forward with that proposal as part of a public hearing. Further, he stated staff will await Council's direction. Council Member Dunn stated he would like to see more detail on Mr. Burnett's proposal as it is a little general. He stated the residents who provided the park proposal presented great designs; however, their proposal also needs more detail. He suggested a compromise proposal that would use the western parcel and the garage entrance for the building and leave the eastern parcel for a park. He stated staff brought up issues related to the Fire Marshal; however, he has seen larger garages with one ingress/egress. Further, he stated we do not need both entrances to the garage and this would propose a good compromise. Vice Mayor Hammier thanked Mr. Burnett and the citizens proposing the park for their efforts. She stated the Parks and Recreation Commission have not made a recommendation because they have never been briefed on the proposals, nor has she seen a recommendation from the Economic Development Commission. Mr. Wells stated the Economic Development Commission has proposed pursuing the PPEA with a building on the property. Council Member Martinez stated initially he was very supportive of the building; however, he endorses the idea of the park as the Town cannot have enough green space. He stated he appreciates Mr. Burnett's efforts; however, there are other areas that could be considered for the proposed building such as Liberty Street. Council Member Wright stated if Council moves to the more detailed phase of the development it will require a significant financial investment from Mr. Burnett. He asked that Council be realistic and honest with Mr. Burnett before he expends more money on this project. He stated in reading the summary it seems the manner of financing depends on primarily government tenants to pay the rent. Further, he stated it seems staff analysis shows the project will fall short on paying the debt service based on the current proposal. Norm Butts stated it is difficult to tell from the proposal. He stated some assumptions were made that a bond could be floated at four percent, which is unrealistic in the present time. Further, he stated there were other questions regarding the type of bond and vacancy contingencies; however, some of the questions may be answered once the proposal is refined. Council Member Wright asked who will guarantee the financing. Mr. Butts stated the proposal mentioned a payment of interest for 20 years with a payment of the principal at the end. Council Member Wright stated some of the targeted tenants do not have any money and asked if the financing would be dramatically affected if the proposal moves to a commercial/retail use. Town Council Work Session of November 10, 2008 Paae 3 Mr. Butts stated they would be precluded from using a general obligation tax exempt financing for private use above 10 percent. Council Member Butler asked if this application envisioned more private tenants would the rent be higher. Mr. Butts stated staff did not evaluate rent or construction costs. Council Member Butler stated he likes the idea of a visitors center and public restrooms; however, he is not sure how the public park on the roof would work. He asked if there is any intention to decide if a vote should take place at the next Council meeting Wednesday night. Mayor Umstattd stated theoretically Council could vote on Wednesday night. Mr. Wells stated the basic question on the PPEA is whether to ask the applicant to move forward to the next phase. He stated prior to that Council has the option of asking that aspects application be negotiated and reformed. He stated the other option would be to say this is not an application that Council wishes to move forward with. Council Member Reid stated he would like to see more information on the feasibility of Council Member Dunn's proposal to remove the garage ingress/egress on Loudoun Street and have a building and a park and see if Mr. Burnett would be amenable. Further, he suggested the possibility of keeping one exit lane open on the Loudoun Street side of the parking garage. Council Member Wright stated the Loudoun Street ingress/egress is used for access to the parking garage during special events when Market Street is closed. He stated he would not support closing the driveways on Loudoun Street and he believes that applicant and downtown businesses would not support it either as the advantage to the two entrances is the ability to get right in and right out. Mayor Umstattd stated she would not be in favor of asking Mr. Burnett to spend more money as she is in support of the park option which will enhance the downtown and encourage more visitors. She stated the preliminary drawings of the park are beautiful and the citizens have stated they will raise the money and construct the park while the Town will only have to cover the maintenance costs. She stated years ago a group of artists came forward with an idea for a sculpture garden on this property, but it never came to fruition. Further, she stated it is her hope that Council will support the park option and keep both sides of the parking garage open and accessible. c. Park Option/Loudoun Street Council Member Wright stated looking at the park option it is important to involve the Parks and Recreation Department to determine how this use can activate the street. He stated if Council decides to move forward with the park option there needs to be a time horizon to help the community pull together and not leave this out there forever. Further, he stated if Council proceeds with the park option there should be language in the agreement to leave open the possibility of another use in the future based on changes in the market. Town Council Work Session of November 10 2008 Paae 4 Council Member Butler asked how long it will take for staff to develop a memorandum of understanding (MOU) for the park. Jeanette Irby stated it would not take very long. She stated she met with the citizens earlier this week and we have had similar agreements in the past. She stated there are other issues to consider with regards to the park in addition to the MOU including funding, timeline for raising the funds, when construction is to begin and when it is to be completed, insurance, final design approval and restrictions as to how long the property is to remain a park. Vice Mayor Hammier stated it has been designated that the Parks and Recreation Department would be responsible for maintenance of the park and they wish to be involved in choosing what will be planted there as some landscaping can be very expensive to maintain. She stated another important consideration is the George Mason University initiative and what Council is trying to accomplish in the downtown. Further, she stated Jerry Coughter of George Mason University had mentioned their desire to partner with the Naturalist Center and suggested that this may be an opportunity to work closely with the Naturalist Center to bring them downtown with the park option. Ms. Irby stated Council needs to decide what they wish to do with the PPEA proposal before having substantive discussions of the park. Mayor Umstattd stated the Council can request further detail on the PPEA, begin negotiations of the PPEA or reject the proposal all together. She asked if there are time limit restrictions on taking action on the PPEA Ms. Irby stated the Town is not under any time limit restrictions with the PPEA. She stated a renegotiated or final proposal would have to be advertised. Mayor Umstattd asked when the public hearing could take place if Council decides to move forward with the PPEA option. Ms. Irby stated if Council accepts the proposal as submitted it could take place in 30 days. Mayor Umstattd verified the public hearing is not required if Council rejects the proposal. Council Member Reid stated Council should negotiate with Mr. Burnett to come up with a good proposal that may accommodate a pocket park as well and he would like to bring that resolution forward Wednesday night. He stated he was not suggesting removing all of the entrances on Loudoun Street, rather he was suggesting that one entrance remain that could be reversed if needed. Further, he stated Mr. Burnett's current proposal would remove one of the lanes so there would be one entrance and one exit. Council Member Dunn stated it is discouraging that we would dismiss compromise outright based on opinion or false information and not consider other entrances or exits somewhere else within the large structure. He stated there is an alleyway that could be used for an entrance or exit. He stated his recommendation is to have the whole entranceway used for the building because to have a drive through lane is not necessary based on the size. He stated it is Town Council Work Session of November 10, 2008 Pa4e 5 unfortunate that the idea of a park was not brought forward until someone wanted to develop the property. Further, he stated Council Member Wright brought up a good point that Council needs to decide what they want to do and it may not be worth negotiating with Mr. Burnett if the majority of Council has decided that a park is the best use for the property. It was the consensus of Council to have three resolutions for Wednesday night regarding negotiation of the PPEA proposal, acceptance of the PPEA proposal or rejection of the PPEA proposal. Peter Burnett, PPEA applicant, reminded Council that a building on this property was their idea. He stated the Town approached him and asked that he bring this proposal forward, which required him to expend a substantial amount of money. He stated it is not fair to conduct financial analysis of bond rates and type at this time as that is premature and not something he anticipated. He stated he had been looking forward to having the opportunity to present this proposal to the Council and discuss it with them; however, he was never given the opportunity. He stated the cost and financing of the project was meant to be close as he had not intended to have this be a profit oriented project. He suggested allowing he and the citizens requesting the park to meet with designers and see if there could be a win-win option. Vice Mayor Hammier stated she was expecting a briefing and discussion of Mr. Burnett's proposal that never came, which is why she is struggling with this process right now. She stated there is still the issue of George Mason University and the Economic Development Commission is not in attendance to advocate their position on this issue. She stated she would welcome bringing this issue back so Council can properly weigh this and make an objective decision. Mayor Umstattd stated if Council Member Reid brings forward a motion any Council Member would have the right to make a motion to table until a future date. Judy Kozacik, Loudoun Street Park Committee, stated the committee is committed to putting in a park and have spoken with a designer regarding the possibility of reducing the cost of the park given the current economy. She stated the committee has not moved forward with soliciting donations because there is not a MOU in place with the Town. She noted Council has received a number of emails from the citizens of the Town supporting the park; however, as Mr. Burnett stated the citizens voted you in to office to make these decisions. Mayor Umstattd stated she would like an item added to the agenda for Wednesday night directing staff to move forward with a Memorandum of Understanding for a park on this property. Council Member Martinez asked that Mr. Burnett be given the opportunity to present his proposal to Council. Council Member Wright asked if there is something in the proposal that does not allow Mr. Burnett to present to Council, or is it something that we just never scheduled. He stated before we make a decision we need to let the applicant speak. Town Council Work Session of November 10, 2008 Paae 6 Ms. Irby stated when this process first started Council was operating under the assumption and belief that they agreed with the concept so the final decision has been delayed. She stated the first thing Council needs to do is decide if they agree with Mr. Burnett's concept and if so then he can start spending his time, effort and money to design and give you what you are looking for. Mayor Umstattd stated normally applicants will meet with Council Members individually to present their proposal. She asked if a separate work session would be recommended for this as there is nothing in our normal typical process to give Mr. Burnett what he would like. Council Member Wright stated the citizens were allowed to give a 30 minute presentation at a Council Work Session regarding their park proposal; however, Mr. Burnett was never given the opportunity to speak at a work session. Mayor Umstattd stated the reason a presentation has not been scheduled before is that he has not asked before tonight. She stated it is fine for him to have 30 minutes at the next work session if that works for him. Ms. Irby stated this is the time for Mr. Burnett to present his concept and a special meeting is not needed. Mr. Burnett stated it is a good thing that the discussion is ,between a building and a park because the last thing anyone wants is a continuation of the status quo. He stated he would hope that Council would be sufficiently open minded to see the different things we can come up with together for the economic, cultural and other benefits to the Town. Vice Mayor Hammier stated she would support a briefing at the next work session. Council Member Reid stated he supports the briefing and withdrew his request for a resolution at the Wednesday night Council Meeting. Mayor Umstattd stated she would like to be open and up front with Mr. Burnett by stating she is supporting the park option. Council Member Reid stated staff should analyze the park proposal and the prospects for raising the funds. Council Member Martinez asked if Mr. Burnett has met with the Loudoun Street Park Committee to discuss a compromise. Mr. Burnett stated he would be delighted to meet with them; however, he was told that the committee does not want a building on that site at all. David Miles, Planning Commissioner, stated at the beginning of this discussion he heard it was an unsolicited proposal; however, Mr. Burnett has stated he was solicited. Mr. Wells stated technically when the Council solicits a proposal an advertisement is placed in the newspaper for a request for proposal and proposals are submitted. He stated after a number of discussions were held with Town Council Work Session of November 10, 2008 Paae 7 the citizens group there was a number of members of a previous Council who were interested in a building on the site. He stated the suggestion was made by one of the Council Members was that an unsolicited proposal could be made under the PPEA. Further, he stated this was an unsolicited proposal; however, at the time there were Council Members who were interested in seeing what a concept would be so that expression was made to Mr. Burnett. Vice Mayor Hammier stated she does recall discussion of a goal to extend first floor retail to create a more vibrant area to Wirt Street and beyond. She stated it would be very helpful to provide a brief history of this issue for the next discussion. Mayor Umstattd stated Mr. Burnett will be given 30 minutes at the next work session to present his proposal to Council. She stated any interested citizens are welcome to address Council as a petitioner at any regular meeting, the next of which is Wednesday night at 7:30 p.m. Council Member Dunn asked if Mayor Umstattd will withdraw her resolution for Wednesday night. Mayor Umstattd stated she does not believe that her resolution will pass, but she will think about it. d. Free Holiday Parking Mr. Wells stated this would be the continuation of a program that began several years ago providing free holiday parking on street and in the Town's parking garage from Thanksgiving through New Years. He stated leased parking spaces in the parking garage would be prorated. He stated staff has been working to encourage business owners and employees parking on the street to ensure appropriate turnover is occurring. He stated Council has received a number of emails on both sides of the issue and staff would like to determine if Council would like to continue the program or modify it. Further, he stated a suggestion had been made that free parking on the street could be limited to two hours with tire chalking. Mayor Umstattd stated it may be impossible to gage; however, Council has not been able to determine the cost of the program. Mr. Wells stated you can not quantify what new business is brought in as a result of the program; however, staff can provide information on the Town's revenue loss. He stated staff has received positive feedback from the business community. Council Member Dunn given that the Town has lost revenue with this program, there is no measurable gain by the businesses, it has come to the point of why do we continue this program when there is no measurable gain. He encouraged staff to place bags on the meters and enforce a two hour limit. Council Member Martinez stated this is a positive program and overall people view the program as a gesture of good will. He stated he does not wish for Council to have this debate every year and stated if we are going to continue the program then we should provide the Town Manager with the authority to manage it every year. Town Council Work Session of November 10, 2008 Page 8 Council Member Wright asked for an estimate of the lost revenue. Council Member Reid stated the lost revenue is estimated at $29,000. Norm Butts stated there is lost revenue from the parking garage, from not issuing parking tickets and from the prorated leased parking. Council Member Wright stated we keep talking about doing something with parking downtown and suggested using this opportunity as a launching point of our parking program. He stated he and Vice Mayor Hammier have had discussions in the past regarding the idea that if free parking is such a benefit then why is it not always free. He stated the two hour parking rotation is important; however, we can look at simplifying our parking program long-term by keeping a flat two hour time limit and eliminating all others as the range of time limits confuses people. He stated the metered spaces further from the downtown with four hour limits can be left alone and maintaining two hours free parking in the garage would allow us to continue renting parking spaces. He stated perhaps the rental could be an undesignated space rental as we currently have a number of reserved parking spaces that are never full. Further, he stated the other thing we need to focus on is simplifying our signage and marketing and continue working with the County and the Courts regarding the other parking that is available downtown. Council Member Butler asked if it is easy to change the meter so that no money needs to be inserted. Mr. Butts stated he is not aware of a way to make that change. He stated you can purchase different configurations for meters; however, our meters require that you twist the handle and receive a certain amount of time based on the money inserted. Council Member Butler stated some communities have kept the meters, but made them free. He stated citizens can twist the meter to get their two hours of parking and it is not necessary to chalk the tires. He stated if it easy to reconfigure the meters that may be a possibility as it is something other localities have successfully implemented. Council Member Reid stated he supports the two hour free parking and has always objected to the open free parking. He stated he looked back at the staff memo from last year which provided information regarding the number of people who parked in metered spaces for three or four days. He stated he spoke with a business downtown that relies on metered parking and churn who expressed concern that people are feeding the meters. He stated free parking would hurt his business. Further, he asked if a program could be implemented whereby shop owners could give placards to visitors to display in their car window to give them an extra hour or two of free parking if they make a purchase. Mr. Wells stated it would be somewhat of a validation program in the garage; however, it would be more difficult for on street parking. Town Council Work Session of November 10, 2008 Page 9 Council Member Reid stated it would be displayed in the vehicle so in the garage it could be handed to the attendant and on the street it would be in the window to signify additional time to the individuals chalking tires. He stated if that is too complicated then he would support two hours free parking. Mayor Umstattd stated free parking at the meters on the street tends to do the opposite of what we hope to do by encouraging people to come down and shop. She stated the shop owners and employees tend to take up the spaces and Council Member Reid is correct in pointing out the impacts of that. She stated on the other hand it is a delight to go into the garage and not have to deal with the gates. Further, she stated she would support free parking in the garage while continuing to charge for parking at the meters to increase churn on the street. Vice Mayor Hammier stated during the upcoming budget cycle it will be difficult to find funding for the non-profit organizations and suggested that Council consider continuing to charge for parking at the meters and place signs up thanking people for shopping downtown and informing them that the revenue will be donated to charity. She stated the goal is to make them feel good about shopping in Leesburg and may provide further encouragement to ensure they are only parking in spaces for two hours. Council Member Martinez stated he would support that idea; however, he would want to know if the Town would be permitted to donate that revenue. Council Member Dunn stated if this is a successful program then why does the Town not do it year round. He stated he has seen studies that show when parking is at a premium it is helpful for business, but when it is seen as something casual it does not benefit businesses. Council Member Reid stated allowing the parking garage to be free while continuing to charge for the meters may just encourage the business owners and employees to park in the garage and thereby crowd out the individuals who have paid for their parking spaces. Mayor Umstattd stated those individuals have permitted parking spots. Council Member Reid stated there are also those who simply park where they can. Mr. Wells stated there are two different types of permitted spots. He stated there are specific designated spots in the basement and there are also pre purchased decals for above basement parking. He stated if free parking is provided in the garage and not on the street the proximity of the street parking may be worth the few quarters to the business owners and employees versus walking to the garage. Further, he stated the key is we need to be looking at something other than what we are doing and now is the time to try something different than where we have been. Council Member Wright stated if we want to look at trying something different we look at the two hours free parking with chalking or another way to time it. Town Council Work Session of November 10, 2008 Page 10 Mayor Umstattd verified the Town would not need to hire additional staff to chalk tires. Council Member Reid verified the fine for parking at a meter longer than two hours is $10. Mr. Wells stated staff will bring various options back for Council consideration on Wednesday night. e. VRT Bus Route Update Kathy Leidich introduced Mike Socha, Virginia Regional Transit General Manager. She stated the VRT Planning Team has been meeting for the past several months and have proposed changes to the existing bus routes. She stated there are currently three bus routes that serve the Town. She stated no changes are proposed for the Blue Route which services the airport. She stated for the Purple Route servicing Battlefield Parkway and Madison House the team is proposing a change to add a stop at the Cornwall Medical Building. She stated the final route is the Green Route for the Trolley and the team is proposing moving the Outlet Mall stop from the food court to the Old Navy entrance to allow the addition of stops for Fort Evans Plaza II and the Potomac Station Shopping Center. Mayor Umstattd stated the reason Council asked that the trolley stop at the food court is that there was one citizen who could not walk all the way from the Old Navy to the food court. Ms. Leidich stated the Safe-T Ride bus will still stop at the food court. She stated the reason VRT went through this process is that the County is currently reviewing their 20 year transportation plan and it provided the Town the opportunity to speak with staff and VRT to decide where the Town sees themselves going in the future and how we can be more effective with the routes we have. She stated the other proposed route for the future would be a Hospitality Route which would take the place of the Green Route and use the trolley. She stated the other additional route under review would be the Battlefield Parkway Loop which would not come on line until Battlefield Parkway is completely finished. She stated the team also looked at the Safe-T Ride, which was adjusted to 39 hours per week. She stated passengers are very happy with that service and only asked for minor adjustments to add a stop at the Target and Costco and place informational kiosks at all stops. Further, she stated the Town conducted a trial during the summer to add an additional bus during the peak hours and the team is recommending that this continue for six peak months during the year. Vice Mayor Hammier thanked the VRT representatives for attending the meeting. Council Member Wright verified there is only one trolley and there is no additional expense to the Town to operate the trolley versus a bus. Further, he asked why the residential communities seem to have been skipped in the bus routes. Town Council Work Session of November 10, 2008 Page 11 Mr. Socha stated three years ago the Town had six routes in Leesburg and VRT interviewed the drivers and riders and found that there was very little usage from the residential communities so the routes were condensed to three. Council Member Butler thanked Ms. Leidich and Mr. Socha for their update. He stated his children love to ride the trolley around Town. Council Member Reid thanked Mr. Socha for his efforts. He stated looking at the proposed routes it looks like the park and ride lot will be serviced as well as Freedom Park and asked if there is opportunity for the High School students to use the Freedom Park stop if their activity bus is late. Mr. Socha stated that is a possibility. He stated they have contracts with Nysmith, Wakefield and Notre Dame that allow free transfer for the students coming off those routes. Council Member Reid stated the Route 7/Kincaid Boulevard link of Battlefield Parkway will be open next fall and stated a bus could travel that route and go into the Potomac Station and Fort Evans shopping centers. He stated the activity bus for Harper Park Middle School takes a long time and suggested looking into whether the school would allow their students to use a VRT bus. Further, he stated he is skeptical of the Hospitality Route and asked if there is data indicating that people come here without cars. Ms. Leidich stated the Hospitality Route is just a concept that was recently discussed at the Hospitality Forum. She stated this would allow the Town to offer a partnership opportunity to help our businesses. Council Member Reid suggested a route across Battlefield Parkway to Potomac Station and Fort Evans Road to service the Southeast communities. He stated when the Rehau section of Battlefield Parkway is constructed most of the loop will be complete. He encouraged the extension of the Safe-T Ride hours stating it is a great idea that has saved lives. Further, he stated it is the best we can do until we can get the funds for a pedestrian bridge over the bypass. Mayor Umstattd stated she has not looked at the Town website for a few months; however, the last time she looked the trolley stop for the Government Center was not described as being on Market and asked if that has been updated. Mr. Socha stated he would take care of that in the morning. Mayor Umstattd stated this is good news and VRT does a great job. f. Overland Relief Bill Ackman stated the Design and Construction Manual (DCSM) changes will be coming before Council in December to make the DCSM more consistent with the Loudoun County regulations. He stated the calculations staff has worked on for overland relief have shown that the Town can adopt the Loudoun County regulations with a exception that those restrictions only apply to parcels with under one acre of drainage. He stated the drafted regulations in December will state that no calculations are required if the drainage area is less than an acre as long as a foot is provided between the ground elevation and the lowest Town Council Work Session of November 10, 2008 Page 12 opening of the building. He stated drainage areas over an acre would require calculations providing six inches of freeboard with the possibility of zero freeboard if six inches cannot be accommodated. He stated in instances where no overland relief exists, the overland relief can be put underground as a last resort. Further, he stated the private sector engineering firms have expressed support for these modifications and a committee with members of the Northern Virginia Building Association and the Office of Industrial Builders. Vice Mayor Hammier stated strategically as the Town is looking at anything that can fall into the category of going green it would be nice to highlight these initiatives on the website. Council Member Wright stated in several specific events we have allowed for there to be a calculation of 50 percent clogged versus 100 percent clogged. He stated in other jurisdictions do not do the 100 percent. He stated we require that developers calculate these dramatic stormwater management scenarios and receive a lot of unintended consequences like L.A. rivers and asked why we do not use a lower percentage than 100. Mr. Ackman stated that option is kept open in areas where it is not physically possible to get the overland relief, which is now included in the revised language. He stated the preference is always for overland relief. He stated the inlets that take the water into the system are sized for a two year storm event and leaves and debris can very easily clog them. He stated the pipes are designed fora 10 year storm as it is not very cost effective to design them for a 100 year storm. Further, he stated on those occasions where there are no other options we are allowing a lower percentage by sizing the inlets and pipes appropriately. Council Member Wright stated there have been some situations where the relief can be installed overland, but the visual and cost result has been undesirable. He stated we do not want to have more L.A. rivers built in Town because in some cases we have over engineered. Mr. Ackman stated from an engineering standpoint it is always better to take your water overland. He stated staff has asked the private engineers to keep the Town informed of instances where the revised regulations need to be amended so that the process is fluid. Council Member Wright verified low impact design will be included in the next batch of DCSM amendments. Further, stated he circulated the changes to individuals in the development community who have responded favorably. Council Member Butler stated he supports the amendments. Council Member Reid stated he is in general support of the changes. He asked if a different standard will be allowed for existing development, such as the case with Wage Drive where it is difficult to retrofit the 100 percent. Mr. Ackman stated the new regulations take into account the existing conditions of an area. Town Council Work Session of November 10, 2008 Page 13 Council Member Reid asked if there are distinctions to allow a different standard for a commercial building as long as it does not affect residential property. Mr. Ackman stated instead of dictating to the development community, we allow provide the engineers with options such as using 50 percent if pipes of a certain size are installed. Council Member Reid stated he is very pleased with the amendments and is looking forward to the public hearing. Mayor Umstattd stated the only assurance she would like is given how happy the engineering community is with this she would like to know how the homeowners are going to view this change. She asked if the Town would see less or equal flooding of basements. Mr. Ackman stated the flooding should equal. He stated there is a certain amount of responsibility on the design engineer and the majority of them building in a small safety factor to ensure there are no flooding problems in the future. Mayor Umstattd stated in real life she does not think that happens. She stated sometimes you are in a home for 10 years before your basement starts flooding and your sump pump burns out. She stated new development next to an existing residential community seems to inevitably to result in flooding of the existing homes. Further, she stated that is the problem she hopes we would try to solve. Mr. Ackman stated the new regulations do not give any free passes and are written for good engineering judgment with an everyday normal of designing a freeboard of six inches. Further, he stated with that things should remain similar to what they are today. Council Member Wright stated his home would probably pass the regulations based on a 100 year flood event as it floods from water seeping in through the foundation and overwhelming the sump pump. He stated that is where we are coming from in saying circumstances may stay the same as there are some circumstances where sump pumps become overwhelmed and you may not be able to see the water from above. g. First Night Leesburg/Non-Profit Structure Mr. Wells stated several weeks ago members of the Board of Directors of First Night Leesburg came to him with concerns regarding the long term viability of their 501C(3) with the understanding that there is strong interest in maintaining this event. He stated in looking at the financial statements staff found that the revenues for the nonprofit have decreased. He stated what is being discussed ~is an alternative similar to Bluemont's agreement with the Town of Warrenton. He stated Council is not being asked for additional funds for Bluemont or First Night. He stated if there were poor weather conditions or other negative impacts that would affect the program in any one year the Town would be a safety net. He stated the program will continue to be funded by attendees, the Town, County and sponsors. Further, he suggested that due to the lateness in the year the Town Council Work Session of November 10, 2008 Page 14 program continue as currently structured this year and Council could direct staff to work towards an agreement for Council approval in the first quarter of 2009. Bob Sevila, First Night Leesburg, stated this program started in 1985 and was an overwhelming success the first year. He stated unfortunately the financial viability and success is based on how many people attend, the expenses, the corporate contributions and good weather; however, when the weather is bad or attendance is low the program goes into the hole. He stated the reserve has shrunk from $16,000 to $2,000 over the past four years and they live in fear of bad weather. He stated that has brought about the possibility of eliminating the nonprofit cooperation and merging into Bluemont and allowing the program to function as it does with the Town of Warrenton. He stated he believes that arrangement would work well in Leesburg and that the program is important enough to the Town that the citizens would want it to continue. He stated the Town of Warrenton participates in their First Night program and he would welcome that here as well. Further, he asked that Council consider this more involved role of the Town to allow the Board of Directors to transfer their assets to Bluemont Concert Series and allow them to take this on as a project with the backing and support of the Town. Vice Mayor Hammler asked if the Board of Directors has reached out to the County. Mr. Sevila stated the County is a regular contributor to the event. Vice Mayor Hammler asked if they have been approached as the insurer. Mr. Sevila stated they have not. Peter Dunning, Bluemont Concert Series stated the County is going through a major review of their non-departmental appropriations and they are meeting with County staff to go over the structure of First Night later this month. He stated he is talking with them about their continued support and concern for the sustainability of the program in this current environment. Vice Mayor Hammler stated she would like feedback as to whether they would be willing to be part of a joint venture to balance the risk. She stated Town Manager has already contacted every staff department to reduce their budgets by four percent and we need to ensure the Town has enough reserves. She stated she is a huge supporter of Bluemont Concert Series as it is a wonderful amenity for the Town and First Night as it is a wonderful way to start off the New Year. Council Member Dunn stated it is nice to help out groups that help the Downtown, but what we need to look at is not aband-aid but doing what needs to be done to make people come downtown. He stated we need to look at serious funding; business improvement districts and such so these people do not have to come to us for extra funds because their events are successful and because they are downtown. Council Member Wright stating he supports getting away from simply making a donation to actually having performance standards. He stated he would like to quantify better the information of what would go into that. He stated there are Town Council Work Session of November 10, 2008 Page 15 a couple of things that are impacting the viability of the current event, such as the weather and economy; however, the event also needs a shot of energy to make sure it is vibrant to our current target market. Further, he stated it is important to ensure there is a viable business plan in place to ensure the safety net does not kick in after the first year. Council Member Butler stated in theory we are not increasing our contribution; however the Town could end up putting a lot of money into this. If we are do enter this partnership we need, as Council Member Wright said, some way for us to help turn this program into something that would help the reserves increase. Further, he stated if it looks like the reserves will not increase then we need to look at the viability of continuing the program as the community may have changed enough that this is not the right kind of event; although, he hopes that is not the case. Council Member Reid stated he looks forward to working with Bluemont Concert Series and the First Night Board of Directors and thanked them for addressing Council. Mr. Sevila stated he hopes Council will look at this as a proactive step and not that the Board of Directors is coming to Council in the hole. He stated the Warrenton First Night went out of business and the Town of Warrenton solicited Bluemont Concert Series to produce the program on an annual basis. He stated they are expecting a successful year; however, Bluemont Concert Series cannot solely bear the risk and would like to form a partnership with the Town, since the Town benefits from the program. Mayor Umstattd stated the business donations for First Night Leesburg have increased substantially in the last couple of years which is a good sign. Mr. Sevila stated it is a sign that the program is favored in the Town and business community. He stated they are concerned about support this year given the reductions in corporate and individual giving, but are very encouraged by the support they have received in the past. Mayor Umstattd stated the number of attendees has decreased which brings up the concerns raised by Council Member Wright. Mr. Sevila stated attendance was up last year. Mayor Umstattd stated Council Members Wright and Butler raised good points as asking a family to pay $8 per person puts the program in competition with other family activities such as renting movies. She stated it is important to expand the choice of activities and to think about what might appeal to the current demographics of Leesburg. Mr. Sevila stated he would welcome Council input. Council Member Dunn stated the most successful event to point to is the Town's recent birthday party. He stated 95 percent of the activities were geared to the children. He stated if you want to have a successful event it should be geared to kids and have kid-friendly activities till 9:00 p.m. with more adult friendly activities later in the evening. Town Council Work Session of November 10, 2008 Pa4e 16 Vice Mayor Hammler stated she and Council Member Reid spent quite a bit of time with the council members from the Town of Warrenton at the VML Conference. She stated one thing she took away from her time with them is how fiscally conservative they are so it really says something if they are backing their First Night Celebration as their tax rate is 1.5 cents. Further, she stated their Town Manager provided a presentation about walkability and visual transformations to allow us see what we can accomplish on King Street. 2. Closed Session i. Water Rate Litigation Update ii. Dominion Virginia Power iii. Personnel Matter On a motion by Mayor Umstattd, seconded by Council Member Butler, the following motion was proposed: MOTION Pursuant to Section 2.2-3711(A)(7) and 2.2-3711(A)(1) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to receive updates on legal matters regarding water rate litigation, Dominion Virginia Power and a personnel matter. The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) The Council convened in closed session at 9:53 p.m. The Council reconvened in open session at 10:40 p.m. On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following motion was proposed: MOTION 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: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) Adjournment The meeting was adjourned at 10:40 p.m 2008_tcwsmin 1110 ~~ r ~ ~, 1 n i {; Clerk of Coun~~il 1 eY,.~